PROBLEMS OF THE PUBLIC

REQUEST FOR PUBLIC INPUT ON SOCCER COMPLEX AND BERM

Frank Russo, Parkside Drive, questioned the criteria used by the town in determining if public input would be allowed on a new development, and referred to, as an example, Benderson's proposed development at the corner of Reserve Road and Orchard Park Road for a Wilson Farms store.

Supervisor Clark stated that Benderson had gone before the Planning Board with their proposal for a Wilson Farms store with gas pumps at Reserve Road and Orchard Park Road. Neighborhood opposition to the gas pumps forced Benderson to withdraw their application so the project was never voted on by the Planning Board or Town Board.

Mr. Russo questioned why there was not public input on the Seneca Street soccer complex and the 2.1 million dollar bond issue that was passed.

Councilman Graber stated that a meeting was held at the West Seneca Senior Citizens Center to discuss the soccer complex.

Mr. Russo commented that the plans were submitted at the meeting at the Senior Citizens Center, but there was no public input - it was a done deal. He questioned why public input would be allowed on the Benderson proposal but not the soccer complex proposal.

Town Attorney Tim Greenan advised that when a proposed project required a change in zoning, the law required that a public hearing be held and the Town Board had to approve or disapprove the proposal. At the time the soccer complex was developed there was no requirement under the law that any public hearing be held, but the board elected to hold public hearings and neighborhood meetings with regard to the development.

Mr. Russo thought that since they were proposing to develop on a flood zone abutting a residential neighborhood it was common courtesy to receive public input. He also thought the entire town should have been involved because of the bond issue and the use of taxpayers' money. Mr. Russo further commented on the proposed flood control project for Parkside Drive. He noted that Town Engineer George Montz had stated that he would meet with the neighbors to keep them informed, but Mr. Montz was very reluctant to meet with them when they had questions about the project. He would not meet with the neighbors in the evening and stated that he would only meet with them on an individual basis between 9 A.M. and 4 P.M., but not everyone was able to meet during the day.

PROBLEMS OF THE PUBLIC

REQUEST FOR PUBLIC INPUT ON SOCCER COMPLEX AND BERM    (continued)

Mr. Montz stated that Mr. Russo was supposed to come into his office with Mrs. Rola, but he did not show up on the scheduled day. Mr. Russo did come to the office another day and reviewed the plans for the project.

Mr. Russo stated that he was not made aware of the meeting with Mrs. Rola and he stopped at the Engineering Department another day because Mr. Montz had told him he would not meet with the residents.

Mr. Greenan commented that Mr. Russo was party to a lawsuit against the town and his comments at this meeting were somewhat self-serving.

Councilman Osmanski stated that Mr. Russo was distorting the facts and noted that from the very beginning of the soccer complex three of his neighbors, the Penders', the Farrs' and Mr. Welker, were on the design committee. There were public hearings that were advertised and a concept design was presented for public comment. Comments were received from the residents and changes were made to the design to accommodate them. Councilman Osmanski noted that although Mr. Russo felt that the soccer complex ruined the neighborhood, other neighbors were very happy with it and enjoyed it. After the flooding incident, residents of Parkside Drive set up a homeowner's association and asked to meet with Town Board members about the future project. The Town Board met with the association and kept their President informed of everything that was being done.

Mr. Russo questioned if the lights in the soccer complex would remain on all year again this year and shine into the neighborhood. The lights on the concession stand and the pop machines were left on all year long, even in the winter when no one was there.

Councilman Osmanski responded that some lighting was needed for security purposes. The head of the soccer association, Mr. Lawson, was supposed to put deflectors on the lights so they would reflect down rather than on Parkside Drive. Councilman Osmanski would check to make sure that this was done.

Diane Siminski, 44 Parkside Drive, stated that they started the homeowner's association to keep the residents informed of what was happening in their neighborhood. There were four Board of Directors of the association who were the key members and she asked that town officials meet with these people when there was something happening with Parkside Drive, the soccer complex or the berm.

Councilman Osmanski responded that part of the problem was that the residents brought a lawsuit against the town, and although they were trying to work with the residents and do what was best, Mr. Montz was concerned that someone might misconstrue something he says.

Mrs. Siminski questioned if the town would meet with the Board of Directors of the homeowner's association when there were further developments.

Councilman Osmanski stated that the town would meet with the Board of Director's to keep them informed of future developments.

Mrs. Siminski further asked that something be done to prevent people visiting the soccer complex from going over the berm into the back yards of the Parkside Drive residents. During the summer, people would walk over the berm to get out of the sun and sit in the shade from the trees in the residents' yards. If the residents asked them to leave, the people were rude and would tell them it was public property. Mrs. Siminski did not believe that the Parkside Drive residents should have to deal with this and suggested that signs be posted.

PROBLEMS OF THE PUBLIC

REQUEST FOR PUBLIC INPUT ON SOCCER COMPLEX AND BERM    (continued)

Councilman Graber stated that he would be meeting with the soccer association and some of the parents to review the problems and issues and try to develop better controls to improve the neighbors' privacy and security. They wanted the soccer complex to be used as many weeks of the year as possible and would make sure that it was least obtrusive to the residents of Parkside Drive. Councilman Graber welcomed feedback from the residents and would continue to pass it on to the soccer club.

Councilman Osmanski commented that Mr. Lawson was very proactive in trying to solve as many problems as possible and had talked to the coaches about not allowing people to sit on the berm. They were also having the contractor come back to replace some dead trees and look at ways to landscape that would keep people from going up to the top of the berm. Councilman Osmanski suggested that the Board of Directors of the homeowner's association meet with Mr. Lawson over the winter and he could express their concerns to the coaches, who in turn could pass it along to the parents of the children.

SALARY EXTENSION FOR OFFICERS ON ACTIVE MILITARY DUTY

Beth Pratt, Royal Coach Road, thanked the Town Board members, Chief Gehen, and PBA President Bob Andolina for their decision to support and assist her and her family during the time her husband, Officer Timothy Pratt, was called to active duty in the U.S. Coast Guard.

Bob Andolina, President of the PBA, thanked Chief Gehen and the Town Board members for making up the pay for the reservists. Officer Pratt was the only one of the five police officers in the reserves who had been called up to active duty, but it was comforting for the others to know that their families would be provided for if they should be called.

UPDATE ON SNOW REMOVAL ON SIDEWALKS

Jeanette Pettibone, 179 Ehinger Drive, stated that she and Rev. Anderson met with Supervisor Clark this afternoon regarding the snow removal, and there were several people in attendance at the Town Board meeting looking for an update.

Supervisor Clark stated that he had received three comments from Union Road residents since the last meeting who were concerned about the large amount of snow and ice the state plows onto the sidewalks, inability to remove the snow and ice from the sidewalk during heavy winter conditions, and the liability issue. Councilman Wroblewski volunteered to head a committee that would review the situation and options available and make a recommendation to the Town Board. Charles Curtin Jr., William Graser, and Mrs. Pettibone also volunteered to serve on the committee and he hoped that they would have some recommendation in 30 days.

Rev. Anderson, 633 Main Street, thanked the Town Board for their cooperation in helping to achieve this goal. The problem was the snow, but the issue was the safety of pedestrians. Rev. Anderson noted that on Sunday, October 28th the West Seneca Community of Churches would be holding their annual Crop Walk for World Hunger and part of their route would be Union Road. He thanked the auxiliary police for their assistance in protecting the walkers and invited the board members to either join in the walk or sponsor a participant.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PAYMENT FOR CHRISTMAS BANNERS

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $3866.15 to Rileigh's for Christmas banners for Union Road.

Ayes: All

Noes: None

Motion Carried

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

UPDATE ON DRAINAGE SITUATION AT TONY ROME'S

Councilman Hicks commented on the drainage situation at Tony Rome's and noted that the work had to be done soon before the winter weather began. He understood that the plans were submitted to the state and asked for an update.

Town Engineer George Montz stated that corrections were made to the plans and they were only recently submitted to the state. If the proper corrections were made, it should only be a few days before the state approved them and then construction could begin. The special permit for tying into Route 400 should come with the permit for the entire project.

Councilman Hicks requested that Mr. Montz keep him informed on this matter.

SIDE YARD VARIANCE FOR YMCA PROJECT

Motion by Councilman Graber, seconded by Councilman Wroblewski, to reduce the side yard requirement from 25 feet to 10 feet on the east side of the YMCA project located at 1600 Southwestern Blvd., noting that the residential property to the east was presently occupied by a motel and the new building would be located in the same position as the old building.

On the question, Supervisor Clark stated that the groundbreaking for the YMCA project was held last week. He thought this would be a great asset to the community and one of the finest facilities in the country.

Ayes: All

Noes: None

Motion Carried

USED CAR LOT ON CLINTON STREET

Councilman Osmanski stated that he drove past Star Motors on Clinton Street today and there was a tractor trailer on the lot unloading cars on the stone area where there was not supposed to be anything parked. He called the Building & Plumbing Department and Asst. Bldg. Inspector Bob Pinnavaia was going to go over and witness what was happening.

Building Inspector Bill Czuprynski stated that a final letter was sent to the owner last week. If he did not respond, a summons would be issued for his appearance in court.

PROPERTY MAINTENANCE PROBLEM ON TAMPA DRIVE

Councilman Osmanski referred to the continuing property maintenance problem at 314 Tampa Drive and noted that the neighbor said the roof was supposed to be replaced. He questioned if the town had given that directive.

Building Inspector Bill Czuprynski responded that he did not see any problem with the roof, but the house had been completely sided.

Councilman Osmanski understood that one of the contractors removed the gutters and some of the siding because he was not paid.

Mr. Czuprynski advised that a house did not have to have gutters. NYS law only mandated that if gutters were on a house they had to be maintained.

Councilman Osmanski stated that without the gutters the water pours into the neighbor's back yard. He asked that Mr. Czuprynski be more vigilant at policing this situation.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

EXPANENT INVOICE FOR YOUTH BUREAU

Councilman Osmanski referred to a request from Youth Director Mark Lazzara for payment of an invoice from Expanent for installation of communication equipment at the Youth Bureau. He requested that the board receive and file this item pending further explanation of the bill.

Supervisor Clark agreed and also asked that Councilman Osmanski follow up and find out where the money for this expenditure was coming from.

Councilman Hicks further noted that Dan Frontera had contacted him this date and had someone looking into the matter.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:00 P.M.

Ayes: All

Noes: None

Motion Carried

PATRICIA C. WISNIEWSKI, RMC/CMC

TOWN CLERK