2-B    HELD OVER PUBLIC HEARING

Re: "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.             (Howard Earsing)

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

Town Attorney Tim Greenan stated that the Town Board had tabled this public hearing at the December 2003 meeting because they had a number of questions for the petitioner, Howard Earsing. The board members had directed Mr. Greenan to communicate with Mr. Earsing regarding safety and fencing and the adequacy of parking. Mr. Earsing had submitted a revised plan and a letter addressing the board's questions. The west side of the property was 260 feet south of the start of the driving range, 135 feet down the west side, and 250 feet to the east side of the range to the tees. There would be three tees, each 8 feet wide by 6 feet long. The distance to the Ruhland property to the west would be 238 feet from the last tee toward the west side of the property. Mr. Greenan stated that Mr. Earsing shifted the tee locations farther away from the neighbors and closer to his greenhouse so no golf balls would be driven onto the neighbor's property. The parking area would be located directly behind the east side of the greenhouses and would be 250 feet long by 90 feet wide. Traffic direction would be in place for parking and indicate direction in which to travel. Mr. Earsing had also spoken with Rita Goldyn, 3007 Clinton Street and offered to take out the live fence and replace it with a six-foot high privacy fence the entire length of her property that borders Mr. Earsing's property. He further told Mrs. Goldyn that her privacy would be his number one concern and he would address any problems immediately if they occurred.

Rita Goldyn, 3007 Clinton Street, stated that she had discussed her concerns with Mr. Earsing and he assured her that he would do everything possible to prevent cars from parking in front of her home and throwing garbage on her property. Mrs. Goldyn did not want the six-foot privacy fence that Mr. Earsing had offered and preferred to keep the natural fence of shrubs and trees.

Councilman Hicks questioned if there was still a need for netting to prevent golf balls from leaving Mr. Earsing's property.

Mr. Greenan responded that there was no longer a need for the netting because the golf balls would never be hit that far.

2-B    HELD OVER PUBLIC HEARING   (continued)

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

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve 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) no lighting; 2) tee locations to be 260 feet from Clinton Street, 135 feet down the west side, and 250 feet to the east side; 3) three tee locations, each 8 feet wide by 6 feet long; 4) distance to the west side of the property to be 238 feet from the last tee on the west side of the property; 5) parking area to be located behind and to the east side of the greenhouses; 6) 250 foot by 90 foot paved parking area; 7) traffic direction to be in place for parking and direction in which to travel.

*APPENDICES*

2-C   COMMUNICATIONS

1.   Supervisor Clark re Town Band

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission for the West Seneca Town Band to perform at the annual Seneca United Methodist Church Strawberry Festival on Wednesday, June 23, 2004.

2.   Town Engineer re Purchases requiring Town Board approval

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

K & S Contractors Supply, Inc. (sewer repair on Michael Road)          $2022.86
Erie County Water Authority (emergency service on East & West Road)          $7695.94
Fluid Kinetics Inc. (pump for Center Road pump station)          $4739.00

3.   Highway Supt. re Title change for Kevin Smith & Anthony Varisco

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Kevin Smith as Sanitation MEO and appoint Kevin Smith as Highway Laborer, Group 1, Step 1, at a rate of $18.10 per hour effective January 26, 2004 and terminate Anthony Varisco as Sanitation Laborer and appoint Anthony Varisco as Highway Laborer/Caretaker, Group 1, Step 1, at a rate of $18.10 per hour effective January 26, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2-C    COMMUNICATIONS

4.   Highway Supt. re Appointment of Steven Hanavan as Laborer in Bldgs. & Grounds

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Steven Hanavan as part-time laborer in Buildings & Grounds and appoint Steven Hanavan as full-time laborer in Buildings & Grounds, Group 1, Step 1, at a rate of $18.10 per hour effective January 26, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5.   Highway Supt. re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve budgetary transfer request in the amount of $800 from Printing, Adv., etc. Acct. #01.8161.0448 to Supplies Acct. #01.8161.0400.

6.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $4184.73 to Fleet Maintenance for truck repairs and $2215 to Seasonal Landscaping for tree plantings at various roadside locations.

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

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of Senior Clerk Melissa A. Hender from part-time to part-time seasonal effective February 1 - March 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.   Chief Gehen re Member item resolution for replacement of police and fire dispatch radio system

Motion by Councilman Osmanski, seconded by Councilman Graber, to support a member item request for financial assistance from Senator William T. Stachowski in the amount of $70,000 for replacement of the police and fire dispatch radio system.

9.   Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $1858 to Niagara Business Solutions, Inc., 4661 Apple Drive, Lewiston, NY 14092 for annual maintenance on the Clerk's Accounting System.

10.   Receiver of Taxes re Extension of warrant for 2004 town/county tax collection

Motion by Councilman Osmanski, seconded by Councilman Hicks, to extend the warrant for the 2004 town/county tax collection from April 30, 2004 to June 30, 2004.

2-C    COMMUNICATIONS

11.   Senior Citizens Supervisor re Appointment of L. Mann as Food Service Helper PT & rate increase for J. Kropczynski

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Lois Mann as part-time Food Service Helper effective February 2, 2004 at a rate of $6.90 per hour, and further, grant a rate increase to $7.40 per hour to part-time Clerk Typist Jeanette Kropczynski effective October 12, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Ms. Kropczynski completed the 1400 hours of service required for this increase.

2-D    REPORTS

PROBLEMS OF THE PUBLIC

VACANT TOWN COUNCIL SEAT

Paula Minklei, 896 Orchard Park Road, represented Friends of West Seneca's Future, and stated that they supported Christina Bove in her campaign for Town Council last November. Mrs. Minklei commented that Mrs. Bove was bright and competent and had been following issues of concern to the residents of the community for some time. She talked to residents throughout the town on a face-to-face basis, collected the necessary signatures to be placed on the ballot, and eventually achieved the endorsement of the Democrat Party. Mrs. Bove received 31 percent of the vote on one line, while the incumbents received 34 and 35 percent on three lines. Mrs. Minklei noted that Mrs. Bove's support from the community was beyond question, and her appointment to the vacant town council seat would indicate the board member's recognition of the voter's wishes. However, appointment of or official support for another candidate who was not on the ballot would be a slap in the face of the electorate. Mrs. Minklei urged the Town Board to appoint Christina Bove to the vacant town council seat.

COMMENTS ON TOWN TAX INCREASE

Jane Kester, 60 East & West Road, felt that the town's operating budget was out of control. She stated that town taxes increased 44.26 percent over the last four years, but senior citizen's social security and pension checks and citizen's wages did not go up by that percentage. Town taxes rose four times the rate of inflation, which only increased about 11 percent over the same four-year period. In addition, school taxes went up 22 percent. Mrs. Kester did not believe there was any accountability on the Town Board and questioned why Supervisor Clark and the board members would vote themselves a raise during these difficult times. Mrs. Kester commented on Councilman Osmanski and Councilman Hicks' campaign literature that referred to holding the line on taxes and cutting taxes, but she did not believe that any of the board members had fought for the citizens when the budget passed with a vote of five to zero.

Councilman Graber stated that the actual increase over the last four years was 27.8 percent, not 44.26 percent.

Councilman Osmanski noted that the three years prior to that four-year period there was a zero percent tax increase.

PROBLEMS OF THE PUBLIC

COMMENTS ON TOWN TAX INCREASE    (continued)

James Bove, 11 Willowdale Drive, commented that he thought the board members had gone into an era of tax and spend. People were retiring in the town work force and it appeared to him that those positions were being filled and more were being created. Mr. Bove commented on an agenda item earlier in this meeting where Supervisor Clark's secretary's son, Steven Hanavan, was appointed in the Buildings & Grounds Department at $18.10 per hour or $37,648 per year not including overtime. In comparison, he noted that a starting teacher made less money than a laborer for the Town of West Seneca. Mr. Bove understood that this job was created and might not be needed. He stated that everyone had the right to make a living, and although he was a strong union person, he thought that in tough times they should tighten the belt and fewer jobs should be added to the town work force. Mr. Bove commented that a 44 percent tax increase over four years was a tremendously excessive amount. In comparison, the town of Hamburg's tax rate went up only 11 percent over the same period of time, and this was in line with inflation. Mr. Bove thought that the board members should reexamine what was going on since there were many senior citizens in the community on fixed incomes that could not afford this. The residents were looking for tax relief.

Councilman Osmanski stated that under the Blue Collar Contract there were guaranteed numbers in the Buildings & Grounds Department so they could not cut any positions. There were many ways they would like to cut spending, but they could not do so because of past contract negotiations. Councilman Osmanski stated that they were trying to save money and if they didn't need to fill a job, they didn't. There were some police officers they didn't hire over a period of one or two years because they were trying to save the money by delaying hiring people. Councilman Osmanski stated that they were also cutting down on sanitation routes to possibly avoid hiring people. There were often things in the labor contracts that the Town Board could not do anything about, and they only had a chance to change it once every three or four years when the contracts were negotiated. Even then in order to get something back they had to give something up, so it was not easy. Councilman Osmanski stated that the board members had a record of cutting spending and he thought they had been accountable.

Councilman Graber stated that New York State had some early retirement incentives but the town did not offer it to employees because there would be no benefit due to the guaranteed numbers. The board tried to hire people who were qualified for the job and Steven Hanavan had an Associate Degree from Alfred Technology in the building trades. For the last three years he was an apprentice, plumber and steamfitter and he had the experience needed for a laborer position in Buildings & Grounds. Councilman Graber noted that Steven Hanavan was the most qualified person they had hired in the Buildings & Grounds Department in a long time. The board was sometimes forced to hire people, but they had agreed to hire qualified people who would be an asset to the town, so eventually they might be able to limit or reduce altogether the use of outside contractors. Councilman Graber stated that there were revenue issues and spending issues. There were many negative impacts on the revenue side with the economy and the state, and revenues were not increasing. Spending did not go down, however, and they had to pay the increased heating costs for town buildings and increased gasoline costs for town vehicles like everyone else did. Councilman Graber noted that the tax increase was 27.8 percent over the last four years. This was a combined tax increase of the General Fund and Highway Fund. A few years ago they had to begin rebuilding West Seneca Sewer District 13, and the rates went up 100 percent, but they had to look at the whole picture. Councilman Graber stated that over the last 11 years the tax increase averaged about 2.7 percent each year and this was under the cost of inflation. Some of the other towns used fund balance to offset their tax increases this year as West Seneca did in the past, but the fund balance was completely depleted this year. Councilman Graber commented that one of the reasons Western New York was not prospering was because taxes were too high. Businesses did not want to locate here because of the taxes, and as they left taxes had to be increased more. The town did not have a strong industrial tax base, but there was some increased activity in the industrial park. The total tax abatement period for the industrial park was ten years, but they would see some increased revenue after seven years. Councilman Graber stated that a 44 percent tax increase over the last four years was not correct and the actual amount was 27.8 percent. They could not just look at the General Fund tax; they had to look at the combined General Fund and Highway tax rate.

PROBLEMS OF THE PUBLIC

COMMENTS ON TOWN TAX INCREASE    (continued)

Mr. Bove stated that he had gotten the statistics from the town Tax Department and it listed the General Fund tax and the Highway tax separate. The General Fund was for general town business and the cost of that increased 44.26 percent over the last four years.

Supervisor Clark responded that town taxes did not go up 44 percent in four years. He further stated that he resented Mr. Bove's comments, which he felt were a political statement meant to garner notoriety for his wife, Christina Bove, as a councilmanic candidate or appointee. Supervisor Clark thought that Mr. Bove was addressing the Town Board under the guise of governmental concern, while the obvious intent was to try to get some political attention through the reporters at the meeting.

Mr. Bove stated that tax rates were part of town business and when the taxpayers had to pay taxes it was part of town business. He thought that people had the right to appear before the Town Board to discuss this. Politics was also about tax cuts and other government issues and there was no better forum than a Town Board meeting to allow citizen's voices to be heard.

Councilman Hicks stated that he had not heard of any complaints from the citizens about their taxes, and he thought they were satisfied with what they received in return for their tax dollars.

Mr. Bove responded that it usually did not sink in until a tax bill was received or an escrow account went up. He stated that he would have discussed this issue at the budget hearing the day after Election Day, but he was unable to attend the public hearing. Mr. Bove reminded the board members that taxes were part of town government and that was where they got revenue from to operate. If people had a problem with that, they should have the right to speak about it at a Town Board meeting whether or not they were a candidate for public office.

Another town resident stated that she resented the board members stating that this issue was political. She was concerned about her taxes and thought there were a number of people who were. She had no idea when the budget meeting was because she did not subscribe to the West Seneca Bee and did not see it in the Buffalo News. She called the Town Hall this date to inquire about the amount of her taxes and found that they had gone up 4.5 percent this year, while her social security only went up 1.5 percent. The resident also commented that she felt the board members had been very insulting to Mr. Bove and other residents in attendance at the meeting.

Dale Clarke, 379 Indian Church Road, agreed that the board members were ignorant to Mr. Bove and stated that he also did not know about the budget meeting or the organization meeting until after the fact. Mr. Clarke understood that the board members who were considered part-time employees of the town received full-time retirement from the Town of West Seneca along with full health and life insurance benefits. He thought that this was a considerable expense and questioned how much it was costing the town.

Supervisor Clark responded that there were benefits included in the New York State Retirement System and the board members were a participant of that retirement system.

Mr. Clarke did not believe that the board members should receive these types of benefits when there were a number of elderly people living on social security with no additional benefits.

SPILLWAY IN BERM AT SOCCER FIELD

Carlo Lepore, 57 Parkside Drive, stated that he had suggested that two walls be built along the berm behind his house, each 48 feet wide, with a steel door that could be raised to allow water from the subdivision to flow into the soccer field. He felt that keeping the door down would eliminate water from the soccer field flowing onto Parkside Drive. Mr. Lepore also suggested that a 16-inch pipe be installed in the berm and covered to maintain the privacy of the residents on Parkside Drive. Instead of this, 50 feet of the berm was removed for the spillway that was installed and the residents of Parkside Drive had no privacy from the soccer field.

PROBLEMS OF THE PUBLIC

SPILLWAY IN BERM AT SOCCER FIELD    (continued)

Nancy Nehl, 51 Parkside Drive, stated that she loved the soccer complex but was not happy about the privacy that was taken away from the residents when the berm was cut down. She understood that this was a flood control measure, but questioned what would prevent the flood waters from coming into her and Mr. Lepore's yard since the berm was cut down behind their homes. Ms. Nehl thought that Mr. Lepore's suggestion to the town was a good one and asked that the Engineering Department consider it.

Town Engineer George Montz advised that the spillway was designed to relieve the water that got into the subdivision faster than the three cross culverts. They chose the elevation of the spillway such that it would be slightly higher than the high water marks on the soccer side, yet low enough to be able to drain the subdivision side before the water backed up to the backs of the homes on Parkside Drive. The spillway was one to two feet lower than the existing land around the houses.

Town Attorney Tim Greenan stated that there were a number of meetings concerning the best way to address this problem. They had also discussed the ability to put landscaping in the area where the berm was cut down and it was determined that there was nothing to prevent the town from doing so.

Ms. Nehl stated that the spillway was not a guarantee that they would not be flooded, but along with her concerns about flooding in her back yard, she was also concerned about people cutting through to and from the soccer field.

Councilman Osmanski stated that they were doing everything they could to resolve the flooding problem until the ice control structure was put in place. Unfortunately, they could not predict where the floodwaters would overflow, but the spillway was designed so that the residents would not get water in their back yards that reached their homes.

Ms. Nehl questioned if TVGA Consultants had looked at the whole topography including the walkways that elevate up towards 75 Parkside Drive and go to the lowest point behind her and Mr. Lepore's property.

Mr. Montz responded that they had looked at the entire soccer complex area and the town topographic drawings.

Councilman Osmanski stated that unfortunately Mr. Lepore and Ms. Nehl's property was the low spot and that was the perfect place for the spillway.

Mr. Lepore responded that 75 Parkside Drive was the lowest spot. His property and Ms. Nehl's property were the high spots. The water would have to rise two feet before their properties would flood. Mr. Lepore further noted that for 36 years his backyard was dry, until the berm was installed and kept the water from flowing onto the soccer park property.

Supervisor Clark stated that the bulk of the neighborhood wanted a berm for privacy, but the points at which the ice jammed and caused water to flood the subdivision were unusual. The town was doing what it could to respond to any problems and try to improve the system that was already there. If there were any problems with people cutting through, they could discuss fencing and would leave that issue open. Supervisor Clark further stated that there was also technical information from the Army Corps of Engineers that once the ice control structure was built, it should severely limit the risk of ever having to address flooding problems in the Parkside Drive area.

Ms. Nehl questioned if the soccer association could be told to play their games on the far field rather than the field directly behind her home. This would help control the noise since there was no longer a buffer there.

Supervisor Clark did not believe that this was possible. The soccer association could try to adjust their schedule, but it would depend on field turf use. The town made a huge investment in the project and they could not limit or restrict the use.

PROBLEMS OF THE PUBLIC

SPILLWAY IN BERM AT SOCCER FIELD    (continued)

Ms. Nehl noted that on Sunday mornings she sits in her backyard and all the other fields were empty except for the one behind her home.

Councilman Graber stated that he discussed this issue with Dave Lawson of the soccer association and he agreed to make a conscious effort to hold games on the other side of the soccer field on weekends when there was only one game going on. During the week all the fields were used, so there was nothing they could do, but Mr. Lawson was very willing to address any of these problems.

Ms. Nehl requested that the town consider Mr. Lepore's suggestion for the berm and questioned when they could expect a response.

Supervisor Clark responded that they would have the engineer's review it to determine if it was feasible. He did not know how far it would go, but they would seriously consider it. Ms. Nehl could expect a response by the next Town Board meeting.

STATUS OF ICE RETENTION STRUCTURE

Joanne Viapiano, 51 Sunbriar Drive, questioned the status of the ice retention structure and whether it would be started this spring.

Town Attorney Tim Greenan stated that the town had completed all the surveying and appraisals and was in the process of negotiating acquisition of the property. They hoped to have the ice retention structure in place by next fall so there would not be another winter without it. Construction should begin by the end of next summer or early next fall.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:50 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK