15-B    LEGAL NOTICES

1.   Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE REPAIR AND RECONSTRUCTION OF VARIOUS TOWN BUILDINGS IN AN AMOUNT NOT TO EXCEED $400,000" in the Town of West Seneca, received and filed.

2.   Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE CONSTRUCTION, RECONSTRUCTION, WIDENING OR RESURFACING, AS APPLICABLE, OF PORTIONS OF VARIOUS ROADS IN THE TOWN IN AN AMOUNT NOT TO EXCEED $1,000,000" in the Town of West Seneca, received and filed.

15-C   COMMUNICATIONS

1.   Supervisor Clark re Support for continuation of Section 201 steel tariffs

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached resolution in support of continuation of Section 201 steel tariffs.

*APPENDICES*

2.   Supervisor Clark re Salary correction for temporary Clerk to Town Justices position

Received and filed.

15-C    COMMUNICATIONS

3.   Supervisor Clark re Vehicle accident study for Seneca St./Harlem Rd./Orchard Park Rd. intersection

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to request a study or investigation from Erie County Department of Public Works Commissioner Maria Lehman and Regional Traffic Engineer James Barnack of the New York State Department of Transportation regarding the number of vehicle accidents since June 17, 2003 at the intersection of Seneca Street, Harlem Road, and Orchard Park Road.

On the question, Supervisor Clark stated that Fire Commissioners from West Seneca Fire District #5 were concerned about the number of major motor vehicle accidents that had occurred at this intersection since June 2003. They were requesting that the intersection be reviewed by traffic professionals and asked the Town Board's support in requesting the study.

4.   Supervisor Clark re W.S. West Senior Homecoming parade

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request of West Seneca West Senior High School to hold their Homecoming Day Parade on Friday, October 17, 2003 from 5:30 to 6:00 P.M. on designated streets in the Town of West Seneca.

5.   Supervisor Clark re Halloween parade

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Southgate Plaza and the West Seneca DECA organization to host the annual Halloween Parade on Sunday, October 26, 2003, noting that the parade will assemble behind the West Seneca Town Hall at 11:15 A.M. and proceed down Union Road to M & T Bank at noon.

6.   Supervisor Clark re Designation of Halloween

Motion by Councilman Osmanski, seconded by Councilman Graber, to designate Friday, October 31, 2003 between the hours of 6:00 P.M. and 8:00 P.M. as the official night for trick-or-treat, noting that residents are asked to please leave their porch lights on to provide lighting and safety for the children and all drivers should use extra caution.

7.   Supervisor Clark re Crop Walk

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the request of the West Seneca Community of Churches and Church World Service to host the annual Crop Walk on Sunday, November 2, 2003 at 1:30 P.M. on designated streets in the Town of West Seneca.

8.   Town Attorney re Public hearing on use of Federal Community Development Funds for 2004

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for October 27, 2003 at 7:30 P.M. to provide an opportunity for citizens to express community development and housing needs and to discuss possible projects that would benefit low and moderate income persons in the Town of West Seneca.

15-C    COMMUNICATIONS

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve an additional $5355 for TVGA Consultants for additional professional surveying services required for easement acquisition on the Cazenovia Creek Ice Control Structure project, noting that this increase was for mapping modifications required by the New York State Department of Environmental Conservation.

10.   Town Engineer re NYSEG proposal for addition to lighting district in Smokes Creek Preserve Subdivision

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve NYSEG street lighting proposal for an annual increase of $356.88 for the addition of eight 70-watt high pressure sodium luminaries in the Smokes Creek Preserve Subdivision, Electric Lighting District No. 60.

11.   Town Engineer re Disposal of Sewer Service Department equipment

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Highway Superintendent Patrick Finnegan to dispose of the following equipment that is no longer in use at an upcoming auction:

12.    Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3205 to URS Corporation for discharge monitoring reports and $4500 to TVGA Consultants for remediation recommendations on the Cazenovia Creek Flood Control project.

13.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2079.48 to Gillogly Chevrolet for repairs to Fire Inspector John Gullo's town vehicle and $2400 to Graybar Electric Company, Inc. for signal generators.

14.   Chief Gehen re Attendance of Officers Bebak & Morano at School Violence Seminar

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Officers Robert Bebak and Kenneth Morano to attend the School Violence Seminar in Syracuse, New York, October 20 - 22, 2003 at a cost not to exceed $874.

15.   Chief Gehen re Attendance of Chief Gehen at International Assoc. of Chiefs of Police conference

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Chief Gehen to attend the International Association of Chief's of Police (IACP) conference in Philadelphia, Pennsylvania, October 21-25, 2003 at a cost not to exceed $1300.

15-C    COMMUNICATIONS

16.    Chief Gehen re Bid award for 4-wheel drive, 4-door vehicle

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for the purchase of a 2004 Ford Expedition for police patrol to Delacy Ford Inc., 3061 Transit Road, Elma, NY 14059 at their low bid price of $22,569.

17.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $3757.76 to CDW-G, Inc. for seven HP laser printers and $2274 to Newegg.com for six 17-inch monitors.

18.    Chief Gehen re Resignation of Lynne Andruszko as part-time Clerk in Juvenile Aid Office

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the resignation of Lynne M. Andruszko and terminate her as part-time Clerk in the Juvenile Aid Office effective October 3, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.   Chief Gehen re Status change for Melissa Hender to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Senior Clerk Melissa A. Hender from part-time to part-time seasonal effective October 1 - December 31, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

20.   Town Clerk re Rate increase for Sarah Husted

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize a rate increase to $7.40 for Sarah Husted effective September 8, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Miss Husted attained the 1400 hours necessary for this increase.

21.   Comptroller re Computer & server upgrade

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize a computer and server upgrade for the Assessor's Office from Ikon Office Solutions and authorize the Supervisor to sign the agreement at a cost not to exceed $23,500; and further, appropriate $23,500 of deferred revenues to pay for this purchase.

22.   Comptroller re Status change for Lindsey Schmidt from full-time to part-time

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Lindsey Schmidt from full-time to part-time (19 hours per week) effective October 1, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that AmeriCorps funding for this position was eliminated.

15-C    COMMUNICATIONS

23.   Town Justices re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2349.50 to West Group Payment Center for updating volumes in the law library.

24.   Receiver of Taxes re Termination of D. Conover as part-time Clerk & appointment of Laurine Fischione

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate Dorothy Conover as part-time Clerk in the Tax Office effective October 13, 2003 and appoint Laurine D. Fischione as part-time Clerk effective October 14, 2003, at a rate of $6.90 per hour, with seasonal status effective October 14 - November 30, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

25.   Recreation Director re Reappointment of Janine Haynes & Al Gaglia for fall/winter programs

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Janine Haynes as part-time Lifeguard, Step 2, at a rate of $6.20 per hour and Al Gaglia as part-time Recreation Attendant, Step 4, at a rate of $6.20 per hour, to work in the fall/winter recreation programs effective October 1, 2003 through May 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

26.   Recreation Director re Correction of step and pay rate for Katie Geary

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to correct the step and pay rate for part-time Recreation Leader Katie Geary and set her rate at Step 2, $6.20 per hour, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

27.   Senior Citizens Supervisor re Lease agreement for copy machine

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute a lease agreement with Duplicating Consultants, Inc. for a replacement copy machine for the Senior Citizens Center at a cost of $178.50 per month for 48 months.

28.   Senior Citizens Supervisor re Status change for Food Service Helper June Edie to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Food Service Helper June Edie from part-time to part-time seasonal effective October 13, 2003 through March 12, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15-C    COMMUNICATIONS

29.   Youth Director re Status change for Diane Kiljanski to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of Diane Kiljanski from part-time to part-time seasonal effective October 13 - December 5, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15-D    REPORTS

PROBLEMS OF THE PUBLIC

PARKING OF TRAILERS AND BOATS ON RESIDENTIAL PROPERTY

Ron Frier, 75 Brian Lane, stated that he recently received a letter from the town regarding the travel trailer that was parked in his driveway. He thought that the town ordinance was vague and stated that it would be impossible to store the trailer inside. Mr. Frier stated that his 26-foot trailer was used almost every other week from June through October, and it was then put in storage for the winter.

Supervisor Clark stated that the letters the residents of the town received were basically an alert to let them know they were in violation of the ordinance. As part of the Master Plan, Wendel Duchscherer Architects and Engineers was studying the town codes and ordinances and comparing them with other towns in an attempt to modernize them. The town was not trying to discourage boating and camping activities by residents, but they hoped to change the ordinance over the winter. He did not believe there was any enforcement action taken on the letters that were sent.

Mr. Frier stated that he had contacted the fire department and they told him that they would not want to see trailers parked in an enclosed building due to the amount of propane they held. He did not see a problem with residents parking their boat or trailer in their driveway during the season and storing it elsewhere off-season. Mr. Frier suggested that the ordinance be amended to allow parking of boats and trailers in residential driveways during the season, with off-site storage after a designated date.

Don Grasso, 64 Lexington Green, asked that he be notified when a public hearing was scheduled to consider amendments to the ordinance.

Supervisor Clark suggested that Mr. Frier & Mr. Grasso leave their names and addresses with Town Clerk Patricia Wisniewski for future notification.

PROPOSAL FOR CROSSWALK ON SENECA STREET NEAR ST. BONAVENTURE

Thomas Kelly, 54 Centerview Drive, requested that a crosswalk be painted on Seneca Street near St. Bonaventure Church so that those parking in the public lot could cross the street easier and more safely.

Supervisor Clark stated that Seneca Street was a state road, so the town did not have the authority to paint a crosswalk on it. They could direct the request to the proper department in the state, but he questioned if the request was Mr. Kelly's own opinion or that of the church and other parishioners.

Mr. Kelly responded that it was his opinion, but he would approach the parish council and have them send a letter of request.

PROBLEMS OF THE PUBLIC

PROPOSAL FOR CROSSWALK ON SENECA STREET NEAR ST. BONAVENTURE    (cont'd.)

Councilman Osmanski thought that this would be included as part of the study they requested earlier at this meeting for the intersection of Harlem Road, Seneca Street and Orchard Park Road because the parking lot was an integral part of that intersection.

Councilman Graber suggested that they amend the earlier resolution and request the crosswalk along with the study.

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to request a study or investigation from Erie County Department of Public Works Commissioner Maria Lehman and Regional Traffic Engineer James Barnack of the New York State Department of Transportation regarding the number of vehicle accidents since June 17, 2003 at the intersection of Seneca Street, Harlem Road, and Orchard Park Road and investigate the possibility of some type of secure crosswalk between the public parking area and St. Bonaventure Church.

STATUS OF PROPOSED WALMART

Thomas Kelly, 54 Centerview Drive, questioned the status of the proposed Walmart in West Seneca, noting that there were a number of residents who were not happy with the proposal.

Supervisor Clark stated that there were rumors of a Walmart project in West Seneca, but the Town Board members did not have any plans before them. He agreed that there were many residents that were upset about the possibility of Walmart locating in town.

Mr. Kelly questioned if there was any proposal for the acquisition of land for the project.

Supervisor Clark responded that he understood there had been some dealings with some property owners, but they were private legal matters and the Town Board had no knowledge of them.

Mr. Kelly questioned the digging activity on Orchard Park Road near East & West Road.

Town Engineer George Montz advised that National Fuel Distribution Company was installing a new gas main through that area.

Councilman Graber stated that it would be inappropriate for the town to take any position on Walmart because it would be prejudicial and could be used against them in a court of law. He had heard rumors of Walmart locating in West Seneca, but there had been no official action by Walmart coming before the town.

Councilman Osmanski stated that the rumor was that some houses on Orchard Park Road would be purchased for locating Walmart, but they would have to rezone the property and go through the process with the Planning Board and Town Board.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

RESULTS OF STREET LIGHTING SURVEY

Councilman Graber stated that he had tallied the results of the streetlight survey and out of 694 that were sent out, over 76 percent responded. Among the responses, 77 percent were in the affirmative and would like the town to conduct a feasibility study with regard to replacing the natural gas streetlights with electric streetlights. The minimum charge for gaslights was $320 per year and this was a significant difference from electric. All options available would be considered in the feasibility study. They would take into account the energy efficiency of the various options, maintenance, and the various costs associated , including taking out the old light and installing the new light. The respondents

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

RESULTS OF STREET LIGHTING SURVEY    (cont'd.)

who answered yes to the survey did not officially commit to anything, and they would be able to make an informed decision based on facts before the changeover was conducted. The feasibility study would produce facts that would be turned over to the residents prior to an official survey and public hearing. At that time a final decision would be made on whether or not to change the lights. A letter would be sent to property owners within a natural gas streetlight district to inform them of the next step.

Councilman Hicks stated that one of the biggest questions they had received was whether the appearance of the lights would be changed, and they decided that the appearance of the lights would not change. The study also revealed that there were 40 streets in the town without streetlights, so they thought that if they were to add the 40 streets it would allow for an additional discount. A letter would be sent to the property owners on the 40 streets asking if they would like to be included in the street lighting project.

Councilman Graber commented that they also intended to standardize the lights, which would lower the cost. This would be the most opportune time to install streetlights on those streets that did not have them at a less exorbitant cost than in the past.

PUBLIC HEARING SCHEDULED FOR LOCAL LAW ENFORCEMENT BLOCK GRANT

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to schedule a public hearing for Monday, October 27, 2003 at 7:30 P.M. to consider the 2003 Local Law Enforcement Block Grant program, noting that the Town of West Seneca was eligible for a direct award of $28,167 under this program with a local match of $3130.

APPOINTMENT OF MICHAEL SHEA AS PART-TIME LABORER

Motion by Councilman Wroblewski, seconded by Supervisor Clark, to appoint Michael J. Shea as part-time laborer in the Buildings & Grounds Department at a rate of $6.50 per hour effective October 14, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

WEST SENECA POLICE DEPARTMENT RE-ACCREDITED

Supervisor Clark read a letter from the State of New York, Division of Criminal Justice Services, stating that the New York State Law Enforcement Accreditation Council recently unanimously voted to re-accredit the Town of West Seneca Police Department through September 23, 2008. In order to qualify for this distinction, the police department had to demonstrate compliance with 130 program standards throughout the previous five-year period of accreditation. The standards addressed all critical practices in the areas of administration, training and operations. A team of three law enforcement professionals conducted a three-day on site assessment that included a careful review of policies, procedures and supporting documentation. Key personnel were also interviewed, equipment was checked, and the facility was toured to verify security and other key variables. Chief Gehen and all the members of his department were congratulated for achieving this distinction.

USE OF TOWN EMPLOYEES & VEHICLES FOR ANNUAL HAYRIDE

Highway Superintendent Patrick Finnegan stated that the Tremendous Teens were requesting two men and two vehicles for their annual hayride at the soccer complex as provided by the town in the past.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize overtime for two men and the use of two vehicles for the Tremendous Teens annual hayride at the soccer complex.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

EXTENSION OF RECYCLING CONTRACTS

Town Attorney Tim Greenan stated that the town had two contracts with respect to its recyclables - a pick-up contract with BFI and a processing contract where the recyclables were processed. The pick-up contract would be expiring November 30, 2003 and the processing contract on November 1, 2003. Mr. Greenan requested that the Town Board vote to extend the contracts through the end of the year while bid specifications were put together and the contracts bid out. Mr. Greenan also suggested that the contracts be placed on a calendar year basis rather than expiring in the middle of the year.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to extend the pick-up and processing contracts for recyclables through December 31, 2003.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:30 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK