PROBLEMS OF THE PUBLIC

UPDATE ON CAZENOVIA CREEK ICE RETENTION STRUCTURE

Diane Siminski, 44 Parkside Drive, understood that the federal and state governments had approved the Cazenovia Creek ice retention structure. She questioned the progress on obtaining the easements and if April 2004 was still the target date for completion of the structure.

Town Attorney Tim Greenan advised that the surveyor was close to completing the survey work and the title search company had begun some of the title search work. A company was also hired to manage the acquisition of parcels, and later at this meeting Mr. Greenan would be requesting that the Town Board schedule a public hearing for July 7, 2003 at 7:00 P.M. concerning the easement acquisitions. Mr. Greenan stated that it was not possible to construct the ice retention structure this year, but they had made it clear to all the consultants and parties involved that this coming winter should be the last winter that Cazenovia Creek flowed without the structure in place.

David Zak, 69 Parkside Drive, questioned if the town had any intention of reconfiguring the berm between the soccer complex and Parkside Drive since the ice retention structure would not be in place before next year.

Mr. Greenan was not certain what they would be permitted to do with regard to the berm. They had looked at a number of design issues and ways in which to improve the berm.

Mr. Zak stated that when he purchased his home six years ago he was told that there had been no flooding for 18 years. The berm was then put in and two of the last three years there was a flood that caused damage to his property. Mr. Zak felt that the berm was forcing the water to remain in the back yards of the homes on Parkside Drive rather than flow to the lower grade where the soccer complex was located.

PROBLEMS OF THE PUBLIC

UPDATE ON CAZENOVIA CREEK ICE RETENTION STRUCTURE    (continued)

Mr. Greenan stated that the low point in the subdivision was midway between Seneca Street and Cazenovia Creek. Prior to the installation of the berm and depending on where the ice jammed, the water would first flow onto the land where the soccer field was located, migrate into the subdivision at the center point, and then flood to the other neighbors. If they were to cut a hole in the berm and the ice jammed to the west of the subdivision, the berm would prevent the water from flowing into the subdivision, but if the ice jammed to the east of the berm the subdivision would flood first.

Mr. Zak did not think that a hole should be cut in the berm, but he did think that it should be reconfigured so that the water had an opportunity to flow into the soccer field or that the berm be removed between the first and second house and grade towards the soccer field.

Town Engineer George Montz responded that they had cut a spillway in the lower end of the berm near Cazenovia Creek so the water would flow into the soccer complex. When the last flood occurred, the water was above the level of the spillway. They could not remove the berm because without it there would be no protection for the subdivision if the soccer complex flooded.

COMPLAINTS ON ACTIVITIES AT SOCCER COMPLEX

Diane Siminski, 44 Parkside Drive, stated that there was a state tournament at the soccer field recently on a Saturday and there were air horns and whistles being blown at 8:00 AM. She questioned if these games could be started at a later time on weekends, such as 10:00 A.M. Mrs. Siminski further commented on the berm between the soccer complex and the Parkside Drive residences and stated that some people who attended the state tournament used the berm as a bathroom. Parkside Drive residents witnessed this and called the police. The police responded, but by that time it was too late. Mrs. Siminski noted that the people who attended the state tournaments were not from West Seneca, and she thought their actions were very disrespectful of the residents.

Councilman Osmanski stated that they could discuss the starting time of weekend games with Jim Lawson of the soccer association, and also talk with him regarding the use of security at tournaments.

William Glair, 92 Parkside Drive, stated that before the soccer field was built former Councilman Jerry Hicks had told him that it would be for young West Seneca youth to use and it would be used two to three months of the year. It would not be used year round and would not be noisy. He was also told that the town would be renting the southwest corner of the complex from the property owner for $5000 a year and he did not believe they would be using that field. Mr. Glair thought that the people attending the soccer games were disgraceful and set a bad example for the youth. He suggested that the soccer association hire security personnel to patrol the complex.

Councilman Hicks responded that he would meet with Mr. Lawson to discuss having better control at the soccer complex during contests and tournaments.

David Zak, 69 Parkside Drive, stated that he had attended meetings when the soccer complex was originally proposed and he understood that it would be used by West Seneca youth and only in the fall for after school activities a couple of weeks a year; however, the site seemed to have turned into an international complex. He questioned who controlled the activities in the soccer complex or who was responsible for what events were held, when they were held, how much was charged, where the money went, etc.

Supervisor Clark responded that the West Seneca Youth Soccer season ran from May through August. The town had some responsibility with the soccer complex, but they entered into an agreement and leased off some of the operation to the West Seneca Soccer Association, a non-profit group of individuals that ran the youth soccer program for many years.

PROBLEMS OF THE PUBLIC

COMPLAINTS ON ACTIVITIES AT SOCCER COMPLEX    (continued)

Mr. Zak requested a copy of the lease agreement between the town and the West Seneca Soccer Association and a list of all the events that would be held at the soccer complex this year.

Mr. Greenan offered to provide Mr. Zak with a copy of the lease agreement.

Councilman Osmanski stated that Mr. Lawson could provide Mr. Zak with a list of events for the year and they were also posted on a calendar on the side of the building in the soccer complex.

BURCHFIELD PATIO HOME PROJECT

Ron Sobczynski, 106 Greenfield Avenue, stated that last week construction stopped on the patio home development at the end of his street and he questioned what the problem was. His driveway was torn up from the construction and he hoped to have it repaired as soon as possible.

Town Engineer George Montz stated that there was a survey problem with the project and it needed to be redesigned, but they would be ready to restart in a few days.

Supervisor Clark stated that he had asked the contractor, Marrano/Marc Equity, to send a report of the project to each resident of Greenfield Avenue so they would be aware of what was happening.

Pat Chavanne, 86 Greenfield Avenue, questioned why the contractor curbed off the end of the street where the school bus turned around.

Mr. Montz advised that a new turn around was being constructed at the end of the street for the school bus to turn around. As part of the improvements of the project, the curbs had to be extended to the end of the street and a new temporary turnaround installed at the end.

Mrs. Chavanne noted that when the project was approved it was stipulated that no school buses from the project would go down Greenfield Avenue.

Town Attorney Tim Greenan advised that the patio homes were a private development and the West Seneca School District would not send buses into a private development. There would be a circle constructed at the end of Greenfield Avenue for school buses, Highway Department trucks, emergency vehicles, etc. to turn around. This would be located at the end of the road near the last house.

John Dorociak, 96 Greenfield Avenue, stated that a large retention area was installed at the back of the properties and they were originally told that it would drain the water off slowly. However, they now ran a pipe off the retention area through the side of the embankment to the Garden Village Plaza. A trench was also dug behind the Greenfield Avenue properties up to Union Road and now there was a stream of water running through the ditch. Mr. Dorociak questioned if this ditch would be left there permanently and was concerned about having standing water in his back yard.

Mr. Montz responded that the ditch should be graded to drain. The detention basin was for the patio home project and should slow down the water coming from the project before it got into the ditch. He would ask the contractor to check the grade on the ditch.

Mr. Dorociak further questioned why the residents of Greenfield Avenue were not more explicitly told about what was going on with the project. When it was initially proposed, the residents were told that they would not be affected much other than a little inconvenience. There was not supposed to be any heavy truck traffic, but there was. Water and sewer lines were moved and front lawns and driveways were dug up. Mr. Dorociak's neighbor now had a manhole in his front lawn that was not there before. He thought that the town should have informed the residents what was going to happen.

Councilman Graber agreed that there should have been better communication with the residents and suggested that Mr. Montz see that they were kept informed in the future.

PROBLEMS OF THE PUBLIC

BURCHFIELD PATIO HOME PROJECT    (continued)

Sandy Wigdorski, 115 Greenfield Avenue, stated that she lives in the last house on the street and there was always standing water on the side of her property next to the wooded area. The developer put in a drain that helped the situation, but there was still standing water in that area. Mrs. Wigdorski understood that this property was donated to the town, and she questioned who would take care of the standing water that remained on it.

Mr. Montz advised that there were two receivers at the end of the turnaround that were designed to pick up all the water coming off the field before it got to the street. It could be that they had not finished the grading. Mr. Montz stated that he would have someone from his department take a look at the situation.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ATTENDANCE AT POINTS OF LIGHT CONFERENCE

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize Youth Director Mark Lazzara, Jack Norton, James Lawson, Joshua Randall, Molly Nichols, Eric Mohammed, and five other AmeriCorps members to attend the national Points of Light conference June 7 - 10, 2003 at a cost not to exceed $13,100.48, noting that this expenditure was budgeted through the AmeriCorps grant.

OPPOSITION TO ANNEXATION WITH CITY OF BUFFALO

Councilman Graber commented on a proposal to annex part of West Seneca with the City of Buffalo and stated that he was totally opposed to stretching Buffalo's borders to include part of West Seneca. Although he cared about the City of Buffalo and its future, Councilman Graber stated that the people of West Seneca paid for and fought to maintain what they have in the town. He felt they could help each other, but still remain separate.

APPOINTMENT OF MICHAEL CASCIANO TO PLANNING BOARD

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Michael A. Casciano as a member of the West Seneca Planning Board effective June 9, 2003 through June 4, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilman Osmanski stated that Mr. Casciano had a wealth of experience in the warehousing and supply industry. He thought that Mr. Casciano would bring some unique assets to the Planning Board, especially with the town's desire to entice manufacturing and supply industries to the Industrial Park. Councilman Osmanski noted that Mr. Casciano would be replacing Leo Gainey who served on the West Seneca Planning Board for 35 years. He thanked Mr. Gainey for his many years of service and the fine job he did for the town.

APPOINTMENT OF PETER RENKAS & JONATHAN DALBO IN SEWER SERVICE DEPT.

Motion by Supervisor Clark, seconded by Councilman Graber, to appoint Peter J. Renkas and Jonathan W. Dalbo as part-time, seasonal laborers in the Sewer Service Department effective June 10, 2003 at a rate of $6.75 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PUBLIC HEARING ON EASEMENT ACQUISITION FOR ICE CONTROL STRUCTURE

Town Attorney Tim Greenan requested that the Town Board schedule a public hearing for July 7, 2003 concerning easement acquisition with regard to the proposed ice control structure for Cazenovia Creek. The project would require the town's acquisition of permanent easements along an approximate 1.4-mile stretch of Cazenovia Creek from approximately the intersection of Main Street and Seneca Street proceeding east just past the intersection of Center Road and Seneca Street. A map depicting the project area would be displayed and made available for public inspection at the public hearing. The public hearing was intended to inform the public and to outline and review among other things the purposes and uses to be served by the project, the project's design, the reasons for the selection of the project's proposed location, and the project's impact on the environment and residents of the project's locality. The public and residents and property owners in the vicinity of the project were invited to attend the public hearing and to present oral and written statements or other documents concerning the proposed project.

Motion by Supervisor Clark, seconded by Councilman Wroblewski, pursuant to Eminent Domain Procedure Law, to schedule a public hearing for Monday, July 7, 2003 at 7:00 P.M. at the West Seneca Town Hall, 1250 Union Road, West Seneca, to describe the town's proposed acquisition of easement interests for proposed construction and development of an ice control structure in Cazenovia Creek in conjunction with the New York State Department of Environmental Conservation and the United States Army Corps of Engineers for the purpose of abating flooding downstream from the structure.

ADJOURNMENT

Motion by Councilman Osmanski, seconded by Supervisor Clark, to adjourn the meeting at 9:15 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK