1-B    LEGAL NOTICES

1.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONIING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 1055 UNION ROAD, BEING PART OF LOT NOS. 119 & 120, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR AUTO REPAIRS, RETAIL SALE OF GASOLINE AND OIL PRODUCTS, AND RETAIL SALE OF CONVENIENCE FOODS" in the Town of West Seneca, be received and filed.             (Apex Consulting, Survey & Engineering Services, PC)

Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.

Town Attorney Tim Greenan read the recommendation of the Planning Board, "At its December 18, 2002 meeting, the Planning Board recommended approval of the request for a rezoning and special permit for property located at 1055 Union Road, being part of Lot Nos. 119 & 120, changing its classification from C-1 to C-2(S), for auto repairs, retail sale of gasoline and oil products, and retail sale of convenience foods, including coffee, tea, and cold beverages, conditioned upon no unlicensed vehicles being allowed on the property, maintenance of the rear yard, and no new lights directed toward the adjoining residential neighborhood."

1-B    LEGAL NOTICES

1.    (continued)

Tim Arlington of Apex Consulting, Survey & Engineering Services, PC; Wayne Stevenson, Marketing Manager for Sunoco; and Brian Caradori, business operator, stated that the business would service vehicles and be a scaled back convenient store similar to the previous business at this location. They were willing to take care of the issues brought up at the Planning Board meeting and agreed to the conditions they had recommended. No changes would be made to the building except for new signage on the canopies and building.

Councilman Osmanski was concerned about maintenance of the green space at the rear of the property, but understood that there were stipulations in Sunoco's lease that the owner had to properly maintain the property.

Mr. Caradori stated that cleanliness was a big part of the marketing strategy so the property would be maintained.

No comments were received from the public.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a rezoning and special permit for property located at 1055 Union Road, being part of Lot Nos. 119 & 120, changing its classification from C-1 to C-2(S), for auto repairs, retail sale of gasoline and oil products, and retail sale of convenience foods, including coffee, tea, and cold beverages, conditioned upon no unlicensed vehicles being allowed on the property, maintenance of the rear yard, and no new lights directed toward the adjoining residential neighborhood.

On the question, Supervisor Clark was happy that a highly visible location in the town would be taken care of. There was a long history of good businesses at this location, and he thought that Mr. Caradori would also do well with his business. Supervisor Clark welcomed Mr. Caradori and thanked him for re-investing in the town.

1-C   COMMUNICATIONS

1.   Supervisor Clark re Public hearing re property tax exemption for members of volunteer fire companies

Motion by Supervisor Clark, unanimous second, to schedule a public hearing for February 10, 2003 at 7:30 P.M. to consider a Local Law to amend the Real Property Tax Law (Section 466-c), granting a reduction in the amount of property taxes paid by qualifying members of volunteer fire companies.

1-C   COMMUNICATIONS

On the question, Supervisor Clark stated that recent enabling legislation in the NYS Legislature allowed municipalities to consider this local law. If adopted, the primary residence owned by an enrolled member of an incorporated volunteer fire company would be partially exempt from general municipal taxes and special Ad Valorem levies as long as the property owner was a member for at least five years. The exemption could be granted for the life of an enrolled member who accrued at least 20 years of active service. The amount of the exemption was limited to 10 percent of the assessed value up to a maximum of $3000.00, multiplied by the latest NYS equalization rate, which was 60 percent in West Seneca. This exemption could be granted in addition to any other exemptions authorized by law. Supervisor Clark commented that one of the most vital services that protected life and property was handled solely by volunteer fire fighters. The exemption was a very small cost in proportion to what the town would have to pay if this were a paid service as in the surrounding cities. Recruitment in the volunteer fire service was a problem and Supervisor Clark hoped that this would act as some extra incentive to retain a member or recruit new members. There were approximately 700 volunteer fire fighters in West Seneca, and he thought the cost to the town would be affordable.

2.   Supervisor Clark re Retirement of Jacqueline Cunningham as Telephone Operator

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the retirement of Jacqueline Cunningham and terminate her as Telephone Operator effective January 27, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Cunningham served the Town of West Seneca for more than 15 years.

On the question, Supervisor Clark stated that Mrs. Cunningham was ill last year, but had been feeling better, and he wished her a long and healthy retirement. During Mrs. Cunningham's absence, a new automated telephone system was used, and Supervisor Clark did not believe that her position as Telephone Operator needed to be replaced. Although many people did not like to use automated systems, they were trying to come up with one that would be very streamlined and effective. It would involve separate telephone numbers for the major departments, which would save a step and save time. If an individual did not know what department they were looking for, they would have the option of accessing the phone tree. Supervisor Clark thought that technology was vital to being able to cut costs and reduce the cost of government. He thanked the other board members for their cooperation and assistance in this matter.

3.   Supervisor Clark re Resignation of Gary Aeschbacher from West Seneca Youth Board

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the resignation of Gary Aeschbacher from the West Seneca Youth Board effective December 20, 2002.

4.   Supervisor Clark re Attendance at Annual Association of Towns meeting

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor, Council Members, Town Justices, Town Attorney, Deputy Town Attorneys, Town Comptroller and a Court Clerk to attend the 2003 Training School and Annual Meeting of the Association of Towns of the State of New York to be held in New York City, February 15 - 20, 2003 at a total cost not to exceed $1344 per person attending.

1-C   COMMUNICATIONS

5.   Supervisor Clark re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer request in the amount of $9000 from Contingent Acct. #01.1990.0480 to Salary - Clerk PT Acct. #01.1110.0139.

6.   Town Attorney re 2003 Nutrition Program Agreement

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2003 Nutrition Contract that will renew the 2002 Nutrition Program Contract currently in effect between the Town of West Seneca and the County of Erie.

7.   Town Engineer re Utility Work Agreement for Southwestern Blvd.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor to sign the Utility Work Agreement for the NYSDOT reconstruction project on US Route 20 (Southwestern Blvd.) from Orchard Park Road to Old Transit Road, PIN 5111.61.122, noting that the agreement authorized the state contractor to adjust town owned water valve boxes and sanitary manhole frames and grates to grade at no cost to the town.

8.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $3205 to URS Corporation for discharge monitoring reports.

9.   Highway Supt. re Creation of Auto Mechanic position

Motion by Councilman Osmanski, seconded by Councilman Graber, to create an Auto Mechanic position in the Highway Department and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilman Graber stated that a few years ago they had changed a laborer position to auto mechanic to perform maintenance work on the police vehicles. This was a housekeeping issue necessary to be in accordance with Erie County Personnel, not creation of an additional job.

10.   Highway Supt. re Termination of Sanitation Alternates

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate the following employees who were no longer working for the town:

effective December 31, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

1-C    COMMUNICATIONS

11.   Highway Supt. re Rate increase for part-time laborers T. Weixlmann & R. Kaminski

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize a rate increase to $7.25 per hour for Timothy Weixlmann and Robert Kaminski effective January 13, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that both individuals completed the 2500 hour requirement for this increase.

12.   Highway Supt. re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $1860 to Affordable Overhead Door for repairs to overhead doors at the Highway Garage.

13.   Chief Gehen re Bid date for purchase of five (5) marked police vehicles

Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of January 27, 2003 at 10:00 A.M. for receipt of bids on the purchase of five (5) marked police vehicles.

On the question, Supervisor Clark commented on the situation with the gas tanks on Crown Victorias and asked for Chief Gehen's thoughts on this issue.

Chief Gehen responded that all town police vehicles were retrofitted by the end of summer 2002, and he understood that the new cars had also been retrofitted.

14.   Chief Gehen re Resignation of Donald Busse Jr. as part-time Public Safety Dispatcher

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Donald G. Busse, Jr. and terminate him as part-time Public Safety Dispatcher effective December 18, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2599.57 to Ronlyn's Collision Service for repairs to Car #26 and $3149.38 to George's Collision Inc. for repairs to Car #24.

16.   Town Clerk re Appointment of Election Machine Custodians

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the following individuals to act as Election Machine Custodians for the year 2003 at their prevailing rates of pay under the Blue Collar contract:

and further, approve Harold Lillis at $20 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

1-C    COMMUNICATIONS

17.   Receiver of Taxes re Status change for part-time clerks to seasonal part-time

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of the following part-time Clerks to part-time seasonal effective January 15 - March 28, 2003:

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

1-D   REPORTS

PROBLEMS OF THE PUBLIC

SPEEDING ON SENECA STREET

Diane Roncone, 74 Parkside Drive, stated that every day she walked to her place of employment on Seneca Street across from Nuttos, and although the speed limit was only 35 mph on Seneca Street, no one seemed to comply. Mrs. Roncone asked that the Police Department enforce the speed limit.

Chief Gehen responded that he would set up radar details for enforcement of the speed limit. He asked that Mrs. Roncone contact him with regard to specific days and times so they could target their radar activities. Chief Gehen also stated that he would have the speed trailer set up next month when they got it back.

Mrs. Roncone stated that the speed trailer had been set up in the past and the traffic did slow down somewhat. She commented on the heavy truck traffic and the police vehicles that also exceeded the speed limit.

Chief Gehen stated that police vehicles might exceed the speed limit when they were answering a call, but if there was no call they should not be speeding. They did not always use their lights when responding to a call.

STATUS OF CAZENOVIA CREEK ICE RETENTION STRUCTURE

Mary Reush, 39 Parkside Drive, represented the Southgate Homeowner's Association and questioned the status of the ice retention structure on Cazenovia Creek, state funding for the project, and what the Town Board had done to make sure that funding was still in place.

Town Attorney Tim Greenan responded that Councilman Graber had contacted Assemblyman Brian Higgins' office and they assured him that they would work with the town to verify that the funding was still in place and continue to monitor it. Mr. Greenan and Town Engineer George Montz were working with representatives from the NYSDEC and they assured that the funding was in place. All indications were that the funds were committed to the project and would remain committed. The next step in the process would be the signed agreement with the state. Mr. Greenan expected that the agreement would be signed within the next 30 days.

Mrs. Reush questioned the status of the easement acquisitions.

PROBLEMS OF THE PUBLIC

STATUS OF CAZENOVIA CREEK ICE RETENTION STRUCTURE    (continued)

Mr. Greenan stated that they had narrowed this down to two survey companies and two title search companies that would perform the work that was a prerequisite to the easement acquisitions. A meeting was scheduled for Thursday, January 16th, to make the final selection and proceed with the work. According to the state contracts, the survey work was more complicated, so the town was compelled to do the surveys in the manner that the state required. He anticipated the surveying work to start by the beginning of February with completion by the end of March.

Diane Roncone, 74 Parkside Drive, stated that she had spoken to Assemblyman Higgins' office this date and they were unaware of the ice retention structure.

Councilman Graber responded that he had spoken at length with Kevin Kelly of Assemblyman Higgins' office regarding the ice retention structure. He also sent Mr. Kelly a complete history of the ice retention facility, including the original plan from 1972, and clearly explained the potential holdups. The board members received a letter from Assemblyman Higgins dated December 17, 2002 stating that he would do anything he could to help get the project moving.

Mary Penders, 63 Parkside Drive, noted that it was almost two years since the last major flood on Parkside Drive and she felt that the project was taking too long to get started. She was told that the project would be started in 2003, but the easements had not yet been taken care of. Mrs. Penders was disappointed with the communication from the town with regard to the project, noting that the last thing the residents had received was notification that the Army Corps of Engineers had approved the project. She questioned the definition of "PCA" and requested a copy of Councilman Graber's communication to Assemblyman Higgins.

Councilman Graber responded that "PCA" stood for Project Cooperation Agreement and was the legal document between the Army Corps of Engineers and the NYSDEC that included all the pertinent details of the project. He would forward a copy of his communication to Assemblyman Higgins to the Southgate Homeowner's Association. Councilman Graber noted that the Town of West Seneca was not holding up the project. Governor Pataki appointed a new commissioner of the NYSDEC and they then changed their attitude about the PCA. At one time whenever there was an ice retention or federal waterway type project, the Army Corp of Engineers would get involved with the state and help fund, design, and build the structure. They would then turn over lifetime responsibility for maintenance to the state. The new NYSDEC commissioner decided that they should set a time limit for maintenance of the structure because she did not believe that the state should have to spend millions of dollars down the road to reconstruct the structure when it started to degrade. If a time limit were set, the Army Corps of Engineers and NYSDEC could again work out an arrangement wherein the project would be partially funded by the federal government. Councilman Graber noted that New York State was the first state in the country to try this new approach. The PCA was supposed to be signed in September 2001, but when the board members became aware of the NYSDEC Commissioner's proposal, they realized that it would end up delaying the project. In July or August 2001, Councilman Graber approached some individuals who had contacts in Governor Pataki's office and sent them the information that he recently sent to Assemblyman Higgins because he saw the potential impact of the new attitude of the NYSDEC Commissioner. Another change of policy under Governor Pataki involved the eminent domain proceedings. In the past, the NYSDEC always took the responsibility of following through on eminent domain proceedings for flooding rights, but now they decided that they were no longer going to do that. In order to keep the project moving, the Town of West Seneca assumed that responsibility, but they could not force the NYSDEC to sign the PCA. Councilman Graber stated that the only reason the project was delayed was because the State of New York changed their policy and was trying to dictate to the federal government how to run their flood control projects.

Mrs. Penders questioned why the easement process had not been started.

PROBLEMS OF THE PUBLIC

STATUS OF CAZENOVIA CREEK ICE RETENTION STRUCTURE    (continued)

Mr. Greenan stated that the NYSDEC representatives he and Mr. Montz were working with were helping, but they were dealing with big agencies so whatever was presented to these representatives was then forwarded on to their supervisors, and then to the next level, etc. With regard to the PCA, the town's agreement with the state had to change twice - once because of the NYSDEC's new attitude toward lifetime maintenance of the structure and a second time because of the change in policy on eminent domain proceedings. When the proposed agreement with the NYSDEC changed, it was also subject to approval by the Army Corps of Engineers. The town was working through these steps, but in the meantime, the Town Board directed that they go forward and take the steps necessary to acquire the land even though the agreement was not yet signed. They were confident that the agreement would be signed and were committed to the project.

Mrs. Penders questioned if every property owner would have to be contacted individually.

Mr. Greenan stated that the under the eminent domain proceedings the state had proposed that they not go forward with the project until they had negotiated an agreement with each of the 45 property owners affected. They had a new procedure wherein the only way they acquired land would be if everyone agreed to it. The town thought it was unlikely that all 45 property owners would agree, so they took over responsibility. The town would make reasonable offers to the property owners affected, but would use its power of eminent domain to acquire the easements if not everyone accepted the offer. The land that was subject to the easement was back land at the bottom of the hill that was already in a flood plain and flooded at times. The only additional encumbrance upon the land would be some ice once or twice a season, but that would only be in an area where they would be prohibited from building anyway. Under the town's budget and under the proposed compensation package, the town would be making reasonable offers to the property owners that he thought most would accept. The town retained the law firm that handled a lot of eminent domain cases for the utility companies and State of New York, and they would go forward with eminent domain proceedings on those property owners that did not accept the town's offer. Mr. Greenan was reasonably confident that by the middle of this year they would have all the land acquisition easements in place.

Mrs. Penders requested that the Southgate Homeowner's Association be notified of any public hearings concerning this issue. She understood that the land acquisition began at Mill Road and went east, but she questioned how far east.

Mr. Greenan responded that the land acquisition would extend a little past the Leydecker Road bridge.

ACQUISITION OF WEST SENECA DEVELOPMENTAL CENTER LAND

Ed Bucki, 56 Parkside Drive, stated that the land at the West Seneca Developmental Center was a nice piece of property and he suggested that the town pursue acquisition before a contractor bought it. Mr. Bucki felt that the town was greatly in need of the green space. He also suggested that the town be divided into Councilmanic districts so that when an individual wanted to run for office he would only have to campaign in one district rather than the entire town.

Supervisor Clark thought that there were pros and cons to having Councilmanic districts rather than at-large Councilmen, but it would be something to explore and consider.

PROBLEMS OF THE PUBLIC

STATUS OF DRAINAGE AND SIDEWALK PROJECT ON WOODWARD & HYBANK

Marie Benevento, 33 Woodward Drive, questioned the status of the drainage and sidewalk issue on Woodward Drive and Hybank Drive.

Town Engineer George Montz stated that they were still in the design process and that could take another 1½ months. When they got closer to starting the project they would be sending out general information letters to all the residents of those streets. They had discussed the possibility of circulating a petition to those residents in favor of or against sidewalks.

Supervisor Clark noted that the residents who appeared at the Town Board meeting in opposition to the sidewalks stated that they had submitted a petition, but the town still had no record of receiving it. The board members had discussed sending a letter to each property owner affected to determine their preference with regard to the sidewalks.

Mrs. Benevento questioned if the sidewalks were critical to the drainage in the neighborhood.

Supervisor Clark responded that they were very concerned about the drainage in this neighborhood and protection of the pavement and the project involved curbing for drainage purposes.

Councilman Osmanski noted that when Engineering Department personnel circulated the neighborhood with the plans residents would be able to have their questions answered with regard to the sidewalks, tree removal, etc.

PURCHASE OF POLICE VEHICLES

Earl LaGrou, 85 East Avenue, referred to the bid for purchase of new police vehicles. He commented on the past trouble involving the gas tank on certain Ford vehicles and also understood that there was a lot of maintenance required on Ford vehicles. He questioned if the bid specs were specifically for Ford vehicles, or if others would qualify.

Chief Gehen responded that other vehicles that would qualify were the Chevy Impala and a Dodge vehicle, but these were front wheel drive and 6-cylinder vehicles. They preferred to go with 8-cylinder, rear wheel drive vehicles.

Mr. LaGrou suggested the Tahoe that was used by the state police.

Chief Gehen did not know if the state police were happy with the Tahoe and was not aware of how many other agencies were using them. He personally did not like the Tahoe and did not believe it was good for patrol use. Chief Gehen had read several magazine articles on vehicle testing done by the Michigan State Police. All the ratings placed the Ford Crown Victoria at the top of the list and they seemed to best fit the towns' needs.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

REAPPOINTMENT OF GEORGE MOLNAR TO BOARD OF ASSESSMENT REVIEW

Motion by Supervisor Clark, seconded by Councilman Osmanski, to reappoint George Molnar to the Board of Assessment Review for a five-year term effective October 1, 2002 through September 30, 2007 and authorize the Supervisor to complete and sign any necessary forms for Erie County Personnel.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ADJOURNMENT

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

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK