18-B    LEGAL NOTICES

1.    Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 3065 CLINTON STREET, BEING PART OF LOT NO. 43, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR A GOLF DRIVING RANGE" in the Town of West Seneca, be received and filed.          (Howard Earsing)

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 November 19, 2003 meeting, the Planning Board recommended approval of the request for a special permit for property located at 3065 Clinton Street, being part of Lot No. 43, changing its classification from M-1 to M-1(S), for a golf driving range, with the following stipulations: 1) paving the rear parking lot and designating nine parking spaces for the driving range; 2) no lighting; 3) a screen be put up along Mr. Ruhland's property for 120 feet beginning at the tee stations and heading south along the property line."

Howard Earsing, 1904 Union Road, stated his request for a special permit for a golf driving range with three tee areas.

Supervisor Clark questioned the normal width for a driving range tee station and if there was sufficient room on the property.

Mr. Earsing responded that he had received the proper dimensions for the tee stations from another driving range and there was enough vacant property behind the nursery.

Supervisor Clark stated that he had never seen a driving range with only three tee stations.

Mr. Earsing stated that there would also be sand traps and an area for chipping and short game practice. The property adjacent to the driving range was vacant, so there would not be a problem with errant shots.

Councilman Osmanski questioned if Mr. Earsing owned the property where the driving range would be located.

18-B    LEGAL NOTICES

1.    (continued)

Mr. Earsing responded that he owned the property where the driving range would be located. He questioned if a special permit would be required for the 50-foot high nylon fence.

Mr. Greenan stated that a variance would be required for the fence and an engineer or professional should certify what height the fence should be based on swing analysis.

Building Inspector Bill Czuprynski stated that the Town Board could grant a variance for the fence, which would be screening for the neighboring properties.

Mr. Earsing stated that he was in the process of purchasing Mr. Ruhland's property next to the proposed driving range, and that would eliminate the need for a fence.

Councilman Graber questioned if Mr. Earsing would be paving over the millings in the parking area.

Mr. Earsing responded that he would be paving the entire parking area and there would be more than 10 parking spaces.

Supervisor Clark stated that the board members had received a letter from Mrs. Rita Goldyn, 3007 Clinton Street, expressing some concerns and stating her opposition to the proposed driving range.

Mr. Earsing stated that Mrs. Goldyn was concerned about privacy issues, but there was a live hedge along the property line that was eight feet tall. The driving range would be located 60 to 70 feet from Mrs. Goldyn's property.

Councilman Osmanski stated that Mrs. Goldyn was also concerned about sufficient parking and noted that there was inadequate parking for the nursery during peak times and cars would park in front of her home.

Mrs. Goldyn was not at the meeting and Supervisor Clark suggested holding the public hearing open until they could discuss some of her concerns with her and address some of the issues.

Councilman Hicks also thought they should establish the height of the nylon fence prior to voting on the special permit.

Councilman Osmanski requested a more definitive plan for the parking area (dimensions, the number of parking spaces, exits, etc.) along with a more definitive plan for the tee stations.

Supervisor Clark stated that the driving range area was 900 feet deep or 300 yards, and some people were able to drive a golf ball nearly 300 yards. He thought the angle of the driving range at the 200 to 260 yard marker was somewhat tight and there would be a major encroachment on the property owner to the right.

Mr. Earsing responded that there was a way of designing the tee stations so that it would cut down on the angle of a slice.

No comments were received from the public.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to table this item and hold the public hearing open until the January 2004 meeting..

2.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1325 ORCHARD PARK ROAD, BEING PART OF LOT NO. 368, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), TO EXPAND AUTOMOTIVE USE" in the Town of West Seneca, received and filed.          (Marshall A. Lewis)

18-C   COMMUNICATIONS

1.   Supervisor Clark re Designation of Margaret McLaughlin as official Town Piper

Motion by Supervisor Clark, seconded by Councilman Osmanski, to designate Margaret A. McLaughlin as the official Town Piper.

On the question, Supervisor Clark stated that Mrs. McLaughlin carried on a tradition that dated back hundreds of years in world history. It was also an American tradition dating back to the French and Indian War where pipers were used to rally the military and for many other ceremonies. Supervisor Clark thought it was appropriate to designate Mrs. McLaughlin who was dedicated to the art of piping. She was a member of the Gordon Highlanders and currently was a member of the Erie County Sheriffs Pipes & Drums. He hoped to be able to utilize her services in town ceremonies.

2.  Town Attorney re Stop DWI 2003 contract

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute the 2003 STOP DWI agreement, which covered reimbursement to the town for police work and court processing.

3.   Town Engineer re 2003 Sanitary Sewer Rehabilitation Project, final change order and acceptance

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve final change order #1 for United Survey, Inc., 25145 Broadway Avenue, Cleveland, OH 44146, for a net addition of $25,926.10 and accept the 2003 Sanitary Sewer Rehabilitation Project, Job No. S-0304, at a final contract amount of $374,526.10.

4.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2469.80 to American Valve Automation, Inc. for actuator inspection and repair.

5.   Highway Supt. re Retirement of Michael Pasternak as Laborer in Bldgs. & Grounds

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the retirement of Michael Pasternak and terminate him as Laborer effective January 3, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Pasternak worked for the town for over 30 years.

On the question, Supervisor Clark commented on a blue tractor that Mr. Pasternak maintained with loving care for the town for 25 years. He served the town very well and was a model in work ethic. Supervisor Clark expressed his appreciation for Mr. Pasternak's hard work throughout the years.

6.   Highway Supt. re Appointment of R. Booker & M. Flaherty as Sanitation Substitutes

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Robert Booker and Matthew Flaherty as Sanitation Substitutes effective December 15, 2003 at a rate of $7 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18-C   COMMUNICATIONS

7.   Chief Gehen re Approval of town's match for Local Law Enforcement Block Grant

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve the town's match of $3130 for the Local Law Enforcement Block Grant #2003-LB-BX-1659, noting that the federal share for this grant was $28,167.

8.   Chief Gehen re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve budgetary transfer request of $7000 from Dispatch Equipment Acct. #01.3120.0211 to Police Equipment Acct. #01.3120.0210.

9.   Chief Gehen re Purchase of in-car video systems

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of two (2) Kustom Digital Eyewitness in-car video systems for a cost of $5995 each, two (2) sure talk A/C chargers for a cost of $85 each, and a DVD eternal RAM drive for a cost of $595 plus $80 shipping and handling, for a total cost of $12,835 from Kustom Signals, Inc., 9325 Pflumm, Lenexa, Kansas 66215-3347, noting that Kustom Signals was the sole source provider for the Eyewitness video system and this purchase would begin the replacement of the older in-car video systems which were experiencing various mechanical breakdowns and failures.

10.   Chief Gehen re Attendance of Capt. Denz & Det. Pauly at American Society for Law Enforcement Training

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Captain Daniel Denz and Detective Gary Pauly to attend the American Society for Law Enforcement Training (ASLET) conference in St. Louis, Missouri, January 19 - 25, 2004 at a total cost not to exceed $2997.73.

11.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $4019.51 to Ronlyn's Collision Service for repairs to car #25.

Supervisor Clark abstained from voting because Ronlyn's Collision Service was a client of an accounting firm that he had a financial interest in.

12.   Town Justices re Appointment of Paul Parisi as part-time Warrant Clerk

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Paul C. Parisi as part-time Warrant Clerk effective December 4, 2003 at a rate of $12 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18-C   COMMUNICATIONS

13.   Receiver of Taxes re Appointment of Margaret Welker as part-time Clerk

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Margaret Welker as part-time Clerk effective December 15, 2003 at a rate of $6.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Recreation Director re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve budgetary transfer request as follows:

From:
Purchased Equipment #1.7140.0200          $3500.00
Lifeguard/Instructors PT #1.7180.0149         $8900.00
Salaries PT #1.7141.0149          $1700.00

To:
Sports - Rec. Equipment #1.7140.0230         $7500.00
Salaries PT #1.7140.0149         $6600.00

15.   Recreation Director re Purchases requiring Town Board approval

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

West Seneca Youth Baseball (umpire fees)          $6122.00
West Seneca Soccer Club (soccer balls)          $2200.00
Signature Printing (Recreation programs)          $4757.00

16.   Senior Citizens Supervisor re Seasonal status for part-time employees

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time employees to part-time seasonal effective January 5 - May 25, 2004:

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

17.   Youth Director re Seasonal status for Dolores Steffanacci

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of Dolores Steffanacci from part-time to part-time seasonal effective December 1 - 31, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18-D    REPORTS

PROBLEMS OF THE PUBLIC

REQUEST FOR FENCE ON INDIAN CHURCH ROAD

Dale Clarke, 379 Indian Church Road, referred to the recent accident on Indian Church Road where a 12-year old boy slid down the embankment on an inner tube and ended up in the street in the path of an oncoming vehicle. The boy was hit by the vehicle and died. Mr. Clarke asked that a fence be constructed to prevent this from happening again. He offered to pay for the fence if the town would put it up and asked that it be done quickly.

Supervisor Clark stated that he had intended to present a motion at this meeting requesting that Erie County review and study the matter because it was their purview. The town could not do anything immediately without consulting with the county.

Councilman Hicks understood that Highway Supt. Pat Finnegan was going to install a snow fence tomorrow to take care of the situation as a temporary measure. The town could not put up a permanent fence without permission from the county because it was not town property.

Councilman Osmanski stated that they also wanted to investigate some other solutions such as cutting the hill back.

GASLIGHTS OUT IN HEATHER HILL SUBDIVISION

Greg Hall, 54 Theresa Court, stated that he lived in one of the gaslight districts and there were 15 gaslights out in the Heather Hill subdivision. The residents had called several times to report this and were bounced back and forth between National Fuel Gas and the town. Mr. Hall stated that he did not have a problem with changing the lights to electric, but he worked in the department at Niagara Mohawk that installed streetlights and it was not a one-day project. He was concerned that the gaslights be maintained in the meantime.

Town Engineer George Montz responded that maintenance of the gaslights was the responsibility of National Fuel Gas, but his department would call them tomorrow and make sure that they were taken care of.

Councilman Hicks stated that he lived in a gaslight district and he understood that National Fuel Gas had privatized maintenance of the gaslights. He thought that this might be causing the problem. Councilman Hicks noted that one of the reasons the board had suggested changing to electric lighting was because when the gaslights went out there was still the odor of gas, so it was a safety issue. It also took too long to have them repaired and they were not as bright as electric lights.

Mr. Hall agreed that the gaslights were not that bright even when all of them were working, and with 15 of them out it was even darker.

Councilman Graber stated that the Highway Department was constantly calling National Fuel Gas to report gaslights that were out. He thought that a number of the lights went out as a result of the recent windstorm.

Mr. Hall stated that the light in front of his home went out on Halloween night when some kids threw a rock at it and broke the igniter. It still was not fixed.

Councilman Osmanski stated that he would make sure that a representative from National Fuel Gas contacted Mr. Hall tomorrow.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

RESIGNATION OF JUNE MEYER FROM W. S. ENVIRONMENTAL COMMISSION

Motion by Councilman Hicks, seconded by Councilman Osmanski, to accept the resignation of June Meyer from the West Seneca Environmental Commission effective immediately.

COUNCILMAN WROBLEWSKI'S LAST MEETING

Councilman Osmanski stated that this was Councilman Wroblewski's last Town Board meeting, and he would be moving on to County Legislator on January 1st. He wished him luck and was sorry to see him go. Councilman Osmanski commented that Councilman Wroblewski was an excellent councilman for the town and he was proud to serve with him. He had a hands-on approach with residents in trying to solve their problems and nothing was too small for him to get involved and try to help someone out.

Councilman Wroblewski stated that he was honored and privileged to serve on the Town Board for the last six years with the other board members, and he would be forwarding his letter of resignation to take effect December 31st. Councilman Wroblewski had moved throughout the county over the past year and witnessed the workings of other local governments, but he did not believe there was another Town Board in Erie County that worked together as well as the West Seneca Town Board. He thought that West Seneca had the finest parks system in Erie County, one of the finest Police Departments, and the roads were renowned throughout the county for snow removal and garbage pickup. Councilman Wroblewski noted that this was a collective effort of the Town Board and everything that was accomplished over the last six years was a team effort. He would not be stopping his commitment to the town because his legislative district included all of West Seneca and southern Cheektowaga south of Losson Road. Councilman Wroblewski stated that he planned to work very closely with all the board members, the department heads, and other elected officials.

Supervisor Clark commented on the first project that Councilman Wroblewski worked on. A group of kids on Tindle Avenue wanted to be able to get to the new playground on Harlem Road, and there was a pathway to the park, but it needed help. Councilman Wroblewski talked with Highway Supt. Pat Finnegan and in working with his department and the Buildings & Grounds Department there was a nice, safe, lit, pathway in place in about four weeks. Supervisor Clark stated that Councilman Wroblewski did a good job for the people of West Seneca and he enjoyed serving with him on the Town Board.

Councilman Graber and Councilman Hicks also expressed their pleasure in working with Councilman Wroblewski on the Town Board and hoped that he would be able to bring additional revenue to the town in his new position as County Legislator.

PURCHASE REQUIRING TOWN BOARD APPROVAL

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize payment of $10839.06 to Duke's Root Control for root control work in the sewer system

REQUEST FOR COUNTY ACTION ON INDIAN CHURCH ROAD

Motion by Supervisor Clark, unanimous second, to direct Town Clerk Patricia Wisniewski to forward a letter to Maria Lehman, Commissioner of Public Works, requesting that Erie County immediately take any and all steps within their authority to prevent any further sledding accidents on county property located on Indian Church Road and suggest that they look at other similar situations within the town and county.

On the question, Supervisor Clark requested that a copy of the letter also be forwarded to County Executive Joel Giambra and County Legislator Greg Falkner.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TERMINATION OF DENNIS FRIDMANN AS LABORER IN HIGHWAY DEPT.

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Dennis Fridmann as Laborer in the Highway Department effective December 15, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:45 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK