13-B    LEGAL NOTICES

1.   Motion by Supervisor Clark, seconded by Councilman Wroblewski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 1100 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A RESTAURANT (PIZZERIA)" in the Town of West Seneca, be received and filed.          (Benderson Development Co., Inc.)

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

Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its July 16, 2003 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 1100 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2, for a restaurant (pizzeria), conditioned upon a schedule being submitted to the Town Board showing parking that conforms with the ordinance."

Jeff Wereski of Benderson Development Co., Inc. presented a site plan and stated that the restaurant would be approximately 1500 square feet and the C-2 zoning would only be for that area.

Supervisor Clark questioned why Mr. Wereski was not applying for a special permit also.

Mr. Wereski responded that he understood the special permit was only required if the restaurant would be serving alcohol. The restaurant would be primarily take-out with possibly 10 to 12 seats, and they would not be serving alcohol.

Mr. Greenan stated that the restaurant to the east of this location was rezoned to C-2(S). The theory behind issuing the special permit with the rezoning was that if the restaurant use was discontinued the property would revert to the prior zoning.

Supervisor Clark questioned if the parking conformed to the ordinance.

Mr. Wereski stated that they would be 12 parking spaces short of the required amount, but would be applying to the Zoning Board of Appeals for a variance.

13-B    LEGAL NOTICES

1.    (continued)

Mr. Greenan advised that the Town Board could rezone the property at this meeting, but a building permit would not be issued until Building Inspector Bill Czuprynski was satisfied that the requirements were met.

Councilman Wroblewski questioned if the Town Board could add a special permit to the rezoning request.

Mr. Greenan advised that the Town Board could add the special permit with the petitioner's consent because it would be a lesser zoning classification than what was requested.

No comments were received from the public.

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

Motion by Supervisor Clark, seconded by Councilman Wroblewski, to approve the request for a rezoning for property located at 1100 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2(S), for a pizzeria/restaurant, noting that this rezoning is specifically for use as a pizzeria/restaurant, and if this use is discontinued, the property will revert to its original C-1 zoning classification.

On the question, Supervisor Clark complimented Mr. Wereski on the professional manner in which the property located at 1100 Southwestern Blvd. was run, and he welcomed a new tenant to this location.

*APPENDICES*

13-C   COMMUNICATIONS

1.   Supervisor Clark re Endorsement of Buffalo Airfield grant for snow removal equipment storage building

Motion by Supervisor Clark, seconded by Councilman Wroblewski, to adopt the attached Municipal Endorsement Resolution that will allow Buffalo Airfield, Inc. to receive a grant from the Federal Aviation Administration to pay 90 percent of the allowable costs incurred in the construction of a snow removal equipment storage building.

On the question, Supervisor Clark stated that Buffalo Airfield had made enhancements to their runway such as lighting improvements, fencing for protection, and additional aprons, and this was another safety feature that they chose to take advantage of. The storage building would be used to secure their snow removal equipment and keep it available for quicker usage in the case of major storms. Buffalo Airfield applied for and received a combination of federal and state grants, but they were asking for the Town Board's endorsement. Supervisor Clark commented that there were no recent issues with Buffalo Airfield, and he thought it was a good operation that had been part of the community for a long time.

*APPENDICES*

13-C   COMMUNICATIONS

2.   Supervisor Clark re Creation of Senior Engineering Assistant position

Motion by Councilman Wroblewski, seconded by Councilman Graber, to create the position of Senior Engineering Assistant and correct the appointment of David Solly to this position, and authorize the Supervisor to submit the corrected forms to Erie County Personnel.

3.   Supervisor Clark re W.S. Chamber of Commerce 5K Scholarship Walk & Run

Motion by Councilman Wroblewski, seconded by Councilman Hicks, to approve the request of the West Seneca Chamber of Commerce to hold their annual 5K Scholarship Walk & Run on Saturday, September 20, 2003 on designated streets in the Town of West Seneca.

4.   Town Engineer re Kirkwood Drive Revitalization Project - Phase 2, final change order and acceptance

Motion by Councilman Wroblewski, seconded by Supervisor Clark, to approve final change order #1 for Buffalo Creek, Inc., 11800 Route 20A, Wales Center, NY 14169, for a net deduct of $7624.09 and accept the Kirkwood Drive Revitalization Project - Phase 2, Job No. K-0115, at a final contract amount of $248,972.41.

5.   Town Engineer re W.S. Fire District #2 hydrant addition in North America Center Lot #43

Motion by Councilman Wroblewski, seconded by Councilman Graber, to approve an annual hydrant fee of $146.28 to Erie County Water Authority for the addition of one hydrant in front of the new Excel Precision building on Lot #43 in North America Center, West Seneca Fire District #2.

6.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Wroblewski, seconded by Councilman Graber, to authorize payment of the following vouchers for the Engineering Department:

URS Corporation (quarterly sampling report)       $3205.00
K & S Supply (watermain valve @ Hybank & Leacliff)       $4058.71
Buffalo Truck Center (repairs to sewer truck)       $3944.73

7.   Highway Supt. re Military leave of absence for Joseph Steen

Motion by Councilman Wroblewski, seconded by Councilman Hicks, to approve a military leave of absence for Joseph Steen effective August 14 - 17, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13-C    COMMUNICATIONS

8.   Highway Supt. re Purchases requiring Town Board approval

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

Brute Spring (truck repairs)       $2349.85
Tri-R Mechanical (repairs to air conditioning @ Senior Citizens Center)    $5704.00
May's Tree Service (tree removal)       $2025.00
Hy-Grade Distributors (janitorial supplies)       $2050.55
May's Tree Service (tree removal)       $2425.00

9.   Chief Gehen re Attendance of Officer Baker at Traffic Accident Reconstruction training

Motion by Councilman Wroblewski, seconded by Councilman Graber, to authorize Officer Edward Baker to attend the Accreditation Commission for Traffic Accident Reconstruction (ACTAR) certification/training in Burlington, Ontario, August 19, 2003 at a cost not to exceed $325.

10.   Chief Gehen re Attendance at NYS Chief's of Police conference

Motion by Councilman Wroblewski, seconded by Councilman Graber, to authorize Chief Edward Gehen to attend the New York State Chief's of Police conference in Lake Placid, New York, August 24-28, 2003 at a cost not to exceed $1024.

11.   Chief Gehen re Attendance at NYS Law Enforcement Accreditation Council meeting

Motion by Councilman Wroblewski, seconded by Councilman Graber, to authorize Chief Edward Gehen and Asst. Chief Dale Wight to attend the New York State Law Enforcement Accreditation council meeting September 4, 2003 in Colonie, New York, at a cost not to exceed $298.48.

12.   Chief Gehen re Attendance of Officer Gibbons at D.A.R.E. Re-certification Course training

Motion by Councilman Wroblewski, seconded by Councilman Graber, to authorize Officer James Gibbons III to attend the Annual Training Conference, D.A.R.E. Re-certification Course in Ithaca, New York, August 28-29, 2003 at a cost not to exceed $224.87.

13.   Chief Gehen re Purchase of German Shepherd K9 and training sessions

Motion by Councilman Wroblewski, seconded by Councilman Graber, to authorize the purchase of one (1) German Shepherd canine from Amsel Kennels, 5149 Crittenden Road, Akron, New York 14001, at a cost of $4500 and five (5) weeks of handler training in narcotics detection and tracking at a cost of $2000 for a total cost of $6500.

13-C    COMMUNICATIONS

14.   Chief Gehen re Appointment of Officer Donald Hanley as K9 Officer

Motion by Councilman Wroblewski, seconded by Councilman Graber, to appoint Officer Donald Hanley as Police Officer/K-9 Officer at an annual salary of $58,563 effective July 15, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Chief Gehen re Appointment of John Zahlhas as part-time Crossing Guard

Motion by Councilman Wroblewski, seconded by Councilman Graber, to appoint John J. Zahlhas as part-time Crossing Guard effective August 19, 2003 at a rate of $18 per day and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.   Chief Gehen re Budgetary transfer request

Motion by Councilman Wroblewski, seconded by Councilman Graber, to approve budgetary transfer request of $3000 from Police Equipment Account #01.3120.0210 to Other Expenses Account #01.3120.0419.

17.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Wroblewski, seconded by Councilman Graber, to authorize payment of $2357.24 to Tee's Plus for D.A.R.E. items.

18.   Town Clerk re Bid award for moving of voting machines

Motion by Councilman Graber, seconded by Councilman Hicks, to award the moving of voting machines to Mayflower Ihrig Moving & Storage, 877 Seneca Street, Buffalo, NY 14210, at their low bid of $1088 each for Primary Day and Election Day.

19.   Receiver of Taxes re Termination of M. Welker & appointment of M. Pomana as part-time Clerk

Motion by Councilman Hicks, seconded by Councilman Graber, to terminate Margaret Welker as part-time Clerk effective August 18, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Motion by Councilman Hicks, seconded by Supervisor Clark, to appoint Margaret Pomana as part-time Clerk at a rate of $6.90 per hour effective August 18, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13-C    COMMUNICATIONS

20.   Receiver of Taxes re Status change for part-time Tax Office Clerks to part-time seasonal

Motion by Councilman Hicks, seconded by Supervisor Clark, to change the status of the following part-time Clerks to part-time seasonal effective August 18 - November 30, 2003:

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

21.   Recreation Director re Rate increase for part-time employees

Motion by Councilman Graber, seconded by Councilman Hicks, to grant a rate increase to the following part-time employees that have worked the required 400 hours:

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

22.   Recreation Director re Purchases requiring Town Board approval

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $6532 to the West Seneca Soccer Club for referee fees and $2334 to the West Seneca Girl's Softball Association for umpire fees.

13-D    REPORTS

PROBLEMS OF THE PUBLIC

BUSINESS OPERATING IN RESIDENTIAL ZONING ON ORCHARD PARK ROAD

Maria Thor & Michele Kadi, owners of A'do and Nails Too, l543 Orchard Park Road, stated that they had been operating a hair and nail salon at this location for three years, and it was also a hair salon prior to their business. The landlord recently received a letter from the town advising that the property was zoned residential rather than commercial. They were given 60 days to resolve the situation and the landlord gave them ten days before he would be shutting off the water and utilities. Ms. Thor & Ms. Kadi were having a difficult time finding a place to relocate and asked that they be permitted to remain at this location until they found one.

Building Inspector Bill Czuprynski stated that the property was previously zoned for a home occupation and the person who operated the hair salon lived in the house. When Ms. Thor & Ms. Kadi came into his office three years ago and inquired about operating a hair and nail salon at 1543 Orchard Park Road, Mr. Czuprynski forgot about the home occupancy permit and told them it would be permitted in that zoning. They were issued sign permits and opened their business. Recently his office received a call from someone who was interested in buying the property and questioned why a business was operating in a residential zone. Mr. Czuprynski then sent a letter to the current property owner and informed him that the hair salon business would have to cease operations unless he applied for and obtained a rezoning. The property was being foreclosed on, but the owner was trying to sell it as a commercial piece of property. Mr. Czuprynski stated that he had given Ms. Thor & Ms. Kadi 60 days, but the property owner was not happy about that.

Ms. Thor asked for help in stopping the property owner from turning off the water. They were a small business and could not afford an attorney to handle this problem.

Mr. Czuprynski stated that the prospective buyer had contacted him about changing the zoning to commercial. He was given the application, but never returned it.

Ms. Thor advised that the lease for this property ran until April 2004 and at that time it was supposed to rollover for another three years.

Supervisor Clark did not believe that the town had any authority to prevent the owner from turning off any utilities.

Ms. Thor felt that they were being harassed by the property owner and questioned if they could go before a Judge for an injunction.

Town Attorney Tim Greenan advised that the only thing the town would be involved with in this matter was the zoning of the property. With respect to landlord/tenant law, the tenant in the building acquired certain rights and the landlord made certain representations under the terms of the lease.

Supervisor Clark questioned whether the landlord represented in the lease that the property was properly zoned for this business.

Ms. Thor stated that they had a commercial lease with the landlord.

Supervisor Clark thought that the lease would obligate the landlord to make sure the property was zoned properly for its use or resolve the problem, and Ms. Thor and Ms. Kadi would have a cause of action if they found out that the property was not zoned properly.

PROBLEMS OF THE PUBLIC

BUSINESS OPERATING IN RESIDENTIAL ZONING ON ORCHARD PARK ROAD    (continued)

Ms. Thor asked for an extension on the length of time they could remain at this location and also assistance in getting an injunction with regard to the water situation.

Councilman Graber suggested that Ms. Thor and Ms. Kadi contact NYS Attorney General Elliot Spitzer concerning their rights as a tenant.

Mr. Greenan advised that Town Justices Scott and Piotrowski did not have the ability to grant injunctive relief. In order to get an injunction, Ms. Thor and Ms. Kadi would have to bring an action in NYS Supreme Court or Buffalo City Court and it would be extremely expensive. Mr. Greenan further noted that they could bring an action against the landlord to Small Claims Court for damage to their business.

Councilman Hicks questioned if Ms. Thor and Ms. Kadi were interested in purchasing the property.

Ms. Thor stated that the property was in the second phase of foreclosure. They were considering buying it, but did not know whether it could be rezoned.

Supervisor Clark responded that a rezoning might be possible, but they would be buying the property in a foreclosure auction so the purchase could not be subject to rezoning.

Mr. Czuprynski stated that he could give Ms. Thor and Ms. Kadi an additional 60 days to operate their business at this location while looking for a place to relocate.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

SUPPORT FOR AMERICORPS FUNDING

Motion by Councilman Hicks, seconded by Councilman Graber, to adopt the attached resolution supporting the West Seneca AmeriCorps Program and requesting that Governor Pataki and federal representatives continue their efforts to find adequate funding for the AmeriCorps program for the fiscal year and into the future.

On the question, Councilman Hicks stated that a copy of this resolution should be sent to Governor Pataki, Congressmen Quinn, Reynolds and Slaughter, U.S. Senators Schumer and Clinton, and President Bush.

Supervisor Clark requested that Town Clerk Patricia Wisniewski forward copies of this resolution to the above named representatives.

*APPENDICES*

ATTENDANCE AT NAT'L. ASSOC. OF TOWNS AND TOWNSHIPS CONFERENCE

Motion by Councilman Hicks, seconded by Councilman Wroblewski, to authorize Supervisor Clark to attend the National Association of Towns and Townships conference in Washington D.C., September 2 - 6, 2003.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PART-TIME SEASONAL STATUS FOR SARAH HUSTED

Motion by Councilman Graber, seconded by Supervisor Clark, to change the status of part-time Clerk Sarah Husted to part-time seasonal effective August 18 - November 30, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

TOPSOIL REMOVAL PERMIT FOR CUSTOM TOPSOIL

Motion by Councilman Graber, seconded by Councilman Wroblewski, to permit Custom Topsoil to remove approximately 2500 cubic yards of surplus topsoil from Certo Bros. on North America Drive.

On the question, Building Inspector Bill Czuprynski requested that this item be sent to the Engineering Department for tabulation prior to going to the Town Clerk's Office for issuance of the permit.

BOND RESOLUTIONS

Town Attorney Tim Greenan stated that during the budget process there were a number of expenditures that were subject to bonding. The Town Board needed to adopt a resolution authorizing a $400,000 bond for repairs and maintenance to certain buildings and various equipment, and another resolution authorizing a $1,000,000 road improvement bond.

Motion by Supervisor Clark, seconded by Councilman Wroblewski, to authorize the acquisition of various machinery and apparatus for construction and maintenance in the Town of West Seneca, including maintenance of various town buildings and authorize, subject to permissive referendum, the issuance of serial bonds in an aggregate principal amount not to exceed $400,000 pursuant to Local Finance Law, and delegate the power to issue the bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

Motion by Supervisor Clark, seconded by Councilman Wroblewski, to authorize the construction and reconstruction, widening or resurfacing, as applicable, to portions of various roads in the Town of West Seneca and authorize, subject to permissive referendum, the issuance of serial bonds in an aggregate principal amount not to exceed $1,000,000 pursuant to Local Finance Law, and delegate the power to issue the bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

ADJOURNMENT

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

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK