18-B    LEGAL NOTICES

1.   Proofs of publication and posting of legal notice: "OF THE ADOPTED AMENDMENTS TO THE RECYCLING ORDINANCE" in the Town of West Seneca, received and filed.

2.   Proofs of publication and posting of legal notice: "OF THE ADOPTED BENEFIT BASIS BUDGET (SPECIAL DISTRICTS) AND AD VALOREM BUDGET (GENERAL TOWN BUDGET) FOR THE PERIOD JANUARY 1, 2003 THROUGH DECEMBER 31, 2003" in the Town of West Seneca, received and filed.

18-C   COMMUNICATIONS

1.   Supervisor Clark re Appointment of Margaret Dolan & Frank Housh to West Seneca Library Board

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to reappoint Margaret Dolan to the West Seneca Library Board for a five-year term effective January 1, 2003 through December 31, 2007; and further, appoint Frank Housh, 47 Cloverside Court to the West Seneca Library Board to fill the balance of the late Robert Murphy's term that expires December 31, 2005.

2.   Supervisor Clark re March of Dimes WalkMania 2003

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to grant permission for the March of Dimes WalkMania to be held 9:00 AM through 2:00 PM on Saturday, May 3, 2003 on designated streets in the town with a start and finish point at West Seneca East Middle School.

18-C   COMMUNICATIONS

3.   Town Attorney re Senior Citizens van contract for 2003

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2003 Transportation and Escort Services Agreement for the senior citizens.

4.   Town Attorney re Endorsement of Buffalo Airfield grant application

Motion by Supervisor Clark, seconded by Councilman Osmanski, to designate the Buffalo Airfield project involving rehabilitation of the general aviation parking apron and access taxi lane as a Type II Action under SEQR and issue a negative declaration for the project.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached municipal endorsement resolution for the Buffalo Airfield project involving rehabilitation of the general aviation parking apron and access taxi lane.

*APPENDICES*

5.   Town Attorney re Bid award for disposal of solid waste

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the contract for disposal of solid waste in the Town of West Seneca to Waste Management of New York LLC at their low bid price of $25.39 per ton, noting that the contract is for a one year period commencing January 1, 2003 with an option reserved to extend it for two additional years at an annual increase of two percent (2%) per year.

On the question, Supervisor Clark commended Town Attorney Tim Greenan for his work on this matter. He thought that West Seneca had one of the best waste disposal programs and one of the best prices for solid waste disposal in Western New York.

Councilman Wroblewski further complimented Mr. Greenan and noted that even in an economy where prices were on the rise he was able to negotiate a price that was cheaper per ton than the last few years.

6.   Town Engineer re Thorndale Avenue Revitalization, final change order & acceptance

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve change order #1 for Master's Edge, Inc., 1807 Elmwood Avenue, Suite 290, Buffalo, NY 14207, for a net addition of $68.85 and accept the Thorndale Avenue Revitalization Project, Job No. T-0101, at a final contract amount of $305,978.85.

On the question, Councilman Wroblewski questioned the change order for pouring concrete steps at 105 & 121 Thorndale Avenue and asked Principal Engineer Asst. Gary Bommer what the problem was at these two houses.

Mr. Bommer responded that these two houses had to have the concrete steps re-poured because the slopes were too radical.

18-C   COMMUNICATIONS

7.   Town Engineer re Smokes Creek Preserve Subdivision, final acceptance

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the Smokes Creek Preserve Subdivision, Sublot Nos. 1 - 39, completed by Tom Greenauer Development Inc., PO Box 250, Springbrook, NY 14140-0250 under Public Improvement Permit No. 01-02.

8.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $1847 to Kistner Concrete Products, Inc. for work at the East Center Road lift station and $6980 to Buffalo Tractor for installation of three (3) Ford power units in old Gorman Rupp sewer pumps.

9.   Highway Supt. re Appointment of Ryan Kelley as part-time laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Ryan Kelley as part-time laborer in the Buildings & Grounds Department at a rate of $6.50 per hour effective December 17, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Highway Supt. re Appointment of Rick Rhinelander as part-time laborer

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Rick Rhinelander as part-time seasonal laborer at a rate of $6.50 per hour effective December 17, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Highway Supt. re Appointment of Thomas Oleski as part-time laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Thomas Oleski as part-time seasonal laborer at a rate of $6.50 per hour effective December 16, 2002 through May 3, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Highway Supt. re Status change for Tim Weixlmann to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Tim Weixlmann from part-time to part-time seasonal at the Ice Rink effective December 16, 2002 through May 3, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18-C   COMMUNICATIONS

13.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of the following vouchers for the Highway Department:

14.   Chief Gehen re Attendance of Captain Daniel Denz at F.B.I. National Academy

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Captain Daniel Denz to attend the 212th session of the F.B.I. National Academy January 12 - March 21, 2003 at a cost not to exceed $2100.00, noting that meals and lodging would be paid in full by the federal government.

15.   Chief Gehen re Attendance of Lt. Dudziak & Lt. Shea at ASLET conference

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Lts. David Dudziak and Patrick Shea to attend the American Society for Law Enforcement Training (ASLET) conference January 7 - 11, 2003 in Ontario, California at a cost not to exceed $3200.

16.   Chief Gehen re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer request in the amount of $10,382 from Police Equipment #01.3120.0210 to Police Vehicles #01.3120.0208.

17.   Chief Gehen re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer request in the amount of $4500 from Police Supplies #01.3120.0400 to Police Training #01.3120.0459.

18.   Chief Gehen re Purchase of portable radios

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of thirty (30) Kenwood model TK-260GK, five watt portable radios under NYS contract #PO52964 from FM Communications, 1914 Colvin Blvd., Tonawanda, NY 14150 at a cost of $329.25 each for a total of $9877.50.

18-C   COMMUNICATIONS

19.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2389.32 to Goodyear Auto Service Center for tires.

On the question, Councilman Wroblewski suggested that Chief Gehen and Highway Supt. Pat Finnegan determine their tire needs for the upcoming year and negotiate with one vendor for a better price.

20.   Recreation Director re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer request in the amount of $563 from part-time laborers #01.7180.0149 to Sports - Recreation Equipment #01.7180.0230 and $7472 from part-time laborers #01.7140.0149 to Sports - Recreation Equipment #01.7140.0230.

21.   Recreation Director re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Recreation Department:

22.   Senior Citizens Supervisor re Status change for part-time personnel to seasonal part-time

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of the following Senior Citizens Center personnel from part-time to part-time seasonal effective Monday, January 6, 2003 through Friday, May 30, 2003:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

23.   Senior Citizens Supervisor re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer request in the amount of $500 from Gasoline #01.7620.0416 to Equipment Repairs & Maintenance #01.7620.0443 and $1100 from Telephone #01.7620.0420 to Other Expenses #01.7620.0419.

18-C   COMMUNICATIONS

24.   Youth Director re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $4200 to Urban Institute for consultant fees.

18-D   REPORTS

PROBLEMS OF THE PUBLIC

UPDATE ON CAZENOVIA CREEK ICE RETENTION STRUCTURE

Diane Siminski, 44 Parkside Drive, requested an update on the proposed ice retention structure for Cazenovia Creek.

Town Attorney Tim Greenan responded that he had received a letter this date from the counsel that was handling negotiation of the agreement with New York State Department of Environmental Conservation (NYSDEC). The town sent NYSDEC the final agreement, but they substantially modified it and sent it back so the town was still negotiating with them. Mr. Greenan stated that the town had interviewed a surveyor who came up with a price on the surveying work necessary to draft the easements and propose them to the neighbors. Town Engineer George Montz felt that the surveyor's proposal was somewhat high and they should obtain another proposal. Mr. Greenan thought that this proposal would be presented to the Town Board in January 2003.

Mrs. Siminski questioned if the revisions proposed by NYSDEC were something that could be overcome easily or if they were becoming a legal issue.

Mr. Greenan advised that NYSDEC had proposed changes in the language of the agreement. He would be reviewing the changes to see if the town should accept the agreement with the revised language.

Jim Bove, 11 Willowdale Drive, questioned if New York State was attempting to slow down the project on purpose or if the delays were normal red tape.

Mr. Greenan responded that the delays were normal and although it was frustrating, he thought the local representatives of the NYSDEC were good to work with. The project was not really slowed up substantially because the board directed that work on other aspects of the project be continued.

Mr. Bove questioned if it would be beneficial for the residents to lobby their state representatives.

Councilman Osmanski did not believe it would hurt for the residents to contact their state representatives for assistance.

Mr. Greenan stated that the agreement involved a complicated reimbursement scheme. Originally, the Army Corps of Engineers was doing the work and paying for it, but the town was to reimburse them. The State was supposed to do the land acquisition and get credit for the work they did. Each entity that worked on the project would get credit for their share of the work. Now that the town took over the responsibility of acquiring the land, they wanted to make sure that the town got credit for the time they spent working on it. Mr. Greenan stated that this was made part of the agreement, but when it was sent to Albany they wanted to word it a different way. The town was going back and forth with them over the technical language of the agreement.

Mr. Bove questioned if the $10 billion deficit that the State was facing next year would have any affect on the project.

PROBLEMS OF THE PUBLIC

UPDATE ON CAZENOVIA CREEK ICE RETENTION STRUCTURE    (continued)

Mr. Greenan responded that throughout their discussions over the last two years the State and Army Corps of Engineers assured the town that they had funds set aside for the project, but there was a different economic atmosphere at that time. He would monitor the situation to make sure the commitment was still there.

ICE RINK AT SOCCER COMPLEX

Diane Siminski, 44 Parkside Drive, stated that she had heard there would be a portable ice rink installed at the soccer complex. She questioned if this were true and stated that the homeowners had some concerns with regard to this. Mrs. Siminski questioned who would be the supervising personnel, what the hours of operation would be, and the lighting for the ice rink.

Councilman Osmanski responded that the board had been working on the portable ice rink proposal for a few years. They hoped to put in it the back parking lot of the soccer complex where additional lights would not be necessary, but they had not yet been able to work it out there. It would be placed as far away from the residents' homes as possible, probably on one of the smaller fields, and the lighting would not be obtrusive like it once was. Councilman Osmanski stated that they had not worked out the supervision, but it would probably be Recreation Department personnel.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PURCHASE REQUIRING TOWN BOARD APPROVAL

Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize payment of purchase order #16723 in the amount of $3,872 to Shell Fabrication & Design, 2855 Clinton Street, West Seneca, for work at the Youth Bureau.

AMENDMENTS TO PARKING ORDINANCE - DELRAY AVENUE & MAIN STREET

Motion by Councilman Graber, seconded by Councilman Hicks, to schedule a public hearing for January 27, 2003 at 7:30 p.m. to amend the parking ordinance on Delray Avenue and Main Street, as follows: 1) eliminate no parking on the east side of Delray Avenue and add no parking on the west side of Delray Avenue, from Graham Avenue to the dead end of the street; 2) add no parking on the south side of Main Street from the entrance driveway to the exit driveway of the Ebenezer United Church of Christ parking lot.

NYSEG SOLUTIONS

Motion by Councilman Graber, seconded by Councilman Hicks, to direct the Town Comptroller to choose NYSEG Solutions as supplier of all NYSEG town utility accounts.

On the question, Councilman Graber stated that with the deregulation of the electric utility industry, all NYSEG customers were able to choose their electricity supplier. NYSEG Solutions was a wholly owned subsidiary of NYSEG and anyone who chose them by December 31, 2002 would receive a five percent discount. There were other choices besides NYSEG Solutions, but considering the volatile electric utility industry he thought it was important to choose a supplier that had a long history in the generation of electricity.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TOWN BOARD MEETINGS SCHEDULED

Supervisor Clark announced the Town Board meeting schedule for the first quarter of 2003:

EAST & WEST/ANGLE/LEYDECKER SEWER DISTRICT

Motion by Supervisor Clark, seconded by Councilman Graber, to authorize the East & West/Angle/ Leydecker Sewer District (EWAL District) and authorize the Supervisor to enter into an agreement with Orchard Park Sewer District #18 for out-of-district sewer service for People Inc.'s proposed 50-unit senior housing facility located on Southwestern Blvd, noting that there would be no cost to the Town of West Seneca.

MORATORIUM ON BILLBOARDS EXTENDED

Motion by Supervisor Clark, seconded by Councilman Osmanski, to extend the moratorium on billboards for an additional four (4) months, from December 16, 2002 to April 16, 2003.

TRANSIT ROAD & BULLIS ROAD INTERSECTION

Supervisor Clark stated that he had received a call from Tom Greenauer Development and David Ogiony Development, two local businesses that were concerned about the intersection of Transit Road and Bullis Road. The intersection was widened as part of the Transit Road reconstruction project and it was now more difficult to exit onto Transit Road from Bullis Road.

Motion by Supervisor Clark, seconded by Councilman Osmanski, that based on the concerns of local businesses, the town petition the New York State Department of Transportation (NYSDOT) to restudy the intersection of Transit Road and Bullis Road now that construction was completed.

On the question, Supervisor Clark requested that Town Clerk Patricia Wisniewski forward a certified copy of this motion to the NYSDOT, the Town of Elma, David Ogiony Development and Tom Greenauer Development.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:35 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK