9-B    LEGAL NOTICES

1. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2650 SENECA STREET, BEING PART OF LOT NO. 34, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR AUTOMOTIVE USE” in the Town of West Seneca, received and filed.          (Todd D. Hoffman)

9-C    COMMUNICATIONS

1.   Town Attorney re WNY Officials’ Association Agreement

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Town Attorney’s Office to prepare an agreement with the Western New York Officials Association covering refereeing of Little Loop Football games for the 2004 season in an amount not to exceed $3000 and authorize the Supervisor to execute the agreement, noting that this is an increase from $2500 due to the increase in officials’ cost which is now $30 per official, per game.

2.    Town Attorney re Lease agreement renewal with W.S. Little Loop Football Inc.

Motion by Councilman Osmanski, seconded by Councilman Graber, to extend the licensing agreement with Town of West Seneca Little Loop Football, Inc. for the lease of property located at the rear of the West Seneca Senior Citizen’s Center.

9-C    COMMUNICATIONS

3.   Town Attorney re Community Development Block Grant project agreement for Rosina Foods

Motion by Councilman Osmanski, unanimous second, to authorize the Supervisor to enter into an agreement with the County of Erie entitled the 2003-2004 Community Development Block Grant Project Agreement, noting that this agreement provides for $200,000 in Community Development Block Grant funds to assist Rosina Foods, Inc. in increasing its production at its West Seneca facility and is expected to create a minimum of ten (10) new jobs at this site.

On the question, Supervisor Clark stated that three years ago the town received bad news that Lenders Bagels would be vacating their facility on Empire Drive. The facility was a good fit for Rosina Foods and with the help of David Lawrence of the Local Development Corporation, a personal relationship Supervisor Clark had with the owners, and assistance from the other board members they were able to attract Rosina Foods. A new division from the Long Island/New Jersey area was brought in and they greatly enhanced their operation in Western New York. Some jobs would be added initially and more would be available. Supervisor Clark commented that Rosina Foods was a welcome addition to the town.

4.   Town Engineer re Bid date for 2004 Sanitary Sewer Rehabilitation project

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a bid date for July 7, 2004 at 10:00 A.M. for receipt of bids on the 2004 Sanitary Sewer Rehabilitation Project, Job No. S-0405, noting that the project includes lining of sanitary sewers, grouting house laterals, and sealing manholes in various areas of town to reduce infiltration, surcharging and overflows in the sanitary sewer system during wet weather times.

5.   Town Engineer Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3205 to URS Corporation for a discharge monitoring report.

6.   Highway Supt. re Title change for Daryl Krawczyk to Motor Equipment Operator

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Daryl Krawczyk as Heavy Equipment Operator and appoint Daryl Krawczyk as Motor Equipment Operator, Group 2, Step 5, at a rate of $19.36 per hour effective June 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

7.   Highway Supt. re Appointment of Jonathan Kent as part-time seasonal laborer in Highway Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Jonathan Kent as part-time seasonal laborer in the Highway Department effective June 14 – September 3, 2004 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9-C    COMMUNICATIONS

8.   Highway Supt. re Appointment of Adam Gioia as Sanitation Substitute

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Adam Gioia as Sanitation Substitute effective June 14, 2004 at a rate of $7.00 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Highway Supt. re Title change for Brian Moeller to Sanitation Substitute

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Brian Moeller as summer help in the Highway Department and appoint Brian Moeller as Sanitation Substitute at a rate of $7.00 per hour effective May 23, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Highway Supt. re Appointment of summer help in Bldgs. & Grounds

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following as summer help in the Buildings & Grounds Department at a rate of $6.50 per hour effective June 14 – September 3, 2004:

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

11.   Highway Supt. re Purchases requiring Town Board approval

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

12.   Chief Gehen re Payment to Delacy Ford for trade-in value of Car #21

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $7400 to Delacy Ford, Inc., 3061 Transit Road, Elma, due to the trade of Car #21 that was totaled in an accident.

9-C    COMMUNICATIONS

13.   Chief Gehen re Bid date for radio tower project

Motion by Councilman Osmanski, seconded by Supervisor Clark, to schedule a bid date for July 12, 2004 at 10 A.M. for receipt of bids on the purchase and installation of one (1) one-hundred eighty foot self supporting, three legged lattice tower for police and fire radio dispatch.

On the question,

Motion by Councilman Graber, seconded by Supervisor Clark, to amend the motion with the addition of the following: 1) Consideration of two alternate locations – next to the Police garage or at the end of the Town Hall in close proximity to the electrical transformers; 2) Consideration of a heavier duty structure that would enable the tower to hold antenna for cellular phone companies and allow the town to benefit from the revenue if they decided to co-locate on the structure.

On the question, Councilman Osmanski asked if the three locations would be bid separately.

Councilman Graber responded that the bid would contain prices for two locations and for a structure that would and would not be able to hold cellular phone antenna. Last year the Board of Fire Commissioners approached Chief Gehen and asked that additional antenna be installed on the present tower to improve coverage. An analysis was completed and it was determined that the present tower was not capable of holding additional antenna and there were visible signs of deterioration of the tower. Chief Gehen met with the Board of Fire Commissioners, possible contractors for the tower, and Supervisor Clark to work out the details. The project was a collaboration between the Town of West Seneca and six fire companies, so there would be seven entities co-locating on one tower. Each fire company committed $3500 to the construction of the radio tower, the Town of West Seneca committed $11,000 and they were able to obtain a member-item from Assemblyman Brian Higgins in the amount of $18,000. Councilman Graber noted that if they went to a different location and a heavier duty structure, the town would have to pick up the additional cost, but he thought it would be more than paid for by the expected revenue from the cellular phone companies. The project had an inside component which was the radio console where the dispatchers dispatched calls from and an outside component which was the tower itself. Chief Gehen intended to completely install new radio equipment inside. Partial funding was in place and he was seeking additional funds. If they decided on the heavier duty structure, there would be space available for up to 20 antenna and up to three cellular phone companies. Councilman Graber commented that the present tower was over 25 years old and there were numerous dead spots, so it did not provide adequate coverage. The equipment was becoming increasingly difficult to repair and replacement parts would soon become unavailable to purchase. The new tower would greatly improve response time and they would be able to maintain continuous communication between central dispatch and police and fire units in the field. It would meet the communication needs of today as well as expected needs for the next 20 to 30 years and provide the necessary physical structure for the proposed Erie County 800 MHz trunked radio system. The tower would be able to withstand heavy ice loading and severe wind conditions up to 90 mph. Councilman Graber commented that the radio tower was a necessity and it would be irresponsible on the town’s part to not replace the present tower. He further stated that if they added $30,000 to the cost of the tower it would allow the town to be able to solicit cellular phone companies. The average cellular phone company would pay $15,000 per year to co-locate. Councilman Graber stated that he met with Christin LaBruna and Thomas Coates who had appeared at previous Town Board meetings and expressed concerns about the location of the new tower behind their houses. He felt that they had a legitimate concern and agreed to consider alternate locations.

9-C    COMMUNICATIONS

14.   Chief Gehen re Status change for part-time Public Safety Dispatchers Steinwandel & Leising

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Public Safety Dispatchers David Steinwandel and Roger Leising to part-time seasonal effective June 1 – 30, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Chief Gehen re Resignation of Michael LaBerta as part-time Public Safety Dispatcher

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of part-time Public Safety Dispatcher Michael A. LaBerta and terminate him effective June 14, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2047.45 to FM Communications, Inc. for work on Car #21 & #26.

17.   Comptroller re Correction of pay rate for C. Seweryniak, part-time Acct. Clerk/Mini Computer Op.

Motion by Councilman Osmanski, seconded by Councilman Graber, to correct the hourly rate for part-time Account Clerk/Mini Computer Operator Catherine Seweryniak and set her rate of pay at $10 per hour effective November 25, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18.   Comptroller re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2164 to Dualex Office Products for a tape drive, tapes and cleaning cartridge.

19.   Recreation Director re Appointment of Recreation Attendants for Youth on Youth soccer program

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following individuals to work in the Youth on Youth Soccer Program effective June 15 – September 18, 2004:

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

9-C    COMMUNICATIONS

20.   Recreation Director re Termination of Recreation Attendants

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate the following part-time Recreation Attendants effective June 1, 2004:

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

21.   Recreation Director re Status change for K. Langdon & D. Weixlmann to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following from part-time to part-time seasonal effective June 21 – September 11, 2004:

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

22.   Recreation Director re Rate increase for A. Ernst, M. Fahey & S. Jerge

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a step change for the following part-time employees effective June 25, 2004:

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

23.    Recreation Director re Appointment of part-time seasonal employees

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the individuals on the attached list as part-time seasonal Recreation Attendants, Step 1, at a rate of $5.45 per hour effective June 25 – September 18, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

*APPENDICES*

9-D    REPORTS

ISSUES OF THE PUBLIC

QUEEN OF HEAVEN CHURCH HEALTH WALK AND 5K RACE

Matthew Lyndaker, 80 Norwood Lane, Orchard Park, spoke on behalf of Queen of Heaven Church and the Race Committee for their upcoming 50th anniversary. They were putting together a 5K foot race and a 1½ mile health walk to prepare for the carnival weekend. The race was scheduled for Thursday, July 8th, and would take place on the streets between Seneca Street and Center Road. Mr. Lyndaker had spoken with Chief Gehen regarding having a patrol car either lead or follow the foot race. They expected to have approximately 100 people participate in the foot race and 200 – 300 people in the health walk. Vigilant Fire Company and the auxiliary police would be helping with traffic control and Highway Supt. Pat Finnegan would be providing traffic barriers and cones. Mr. Lyndaker wanted to make the board aware of the event.

Chief Gehen stated that he had met with Mr. Lyndaker a few times to review the route with him and approve it. Bike patrols would be on duty that day to help out with traffic and the motorcycle officer would be leading the race. The Police Department had provided this type of service to St. John Vianney’s 5K run for a few years and this would be very similar. He did not foresee any problems and thought the event would be a success for the church and the town.

Councilman Osmanski questioned if this would be an annual event.

Mr. Lyndaker responded that he hoped it would become an annual event and that more and more people would participate.

Motion by Supervisor Clark, seconded by Councilman Hicks, to grant permission to Queen of Heaven Church to hold their Health Walk and 5K Race on Thursday, July 8, 2004 beginning at 6:30 PM on designated streets in the Town of West Seneca.

PROPERTY MAINTENANCE ON CROFTON DRIVE & SOUTHWESTERN BLVD.

Doug Rokitka, Sr., 212 Crofton Drive, referred to the vacant property across the street from his home that ran from Carla Lane to Southwestern Blvd. Mr. Rokitka lived at this location for 11 years and for the first four to five years the property was maintained and well-kept. After that the maintenance started to decline, so Mr. Rokitka contacted the property owner and asked that he cut the grass. The property owner cooperated for a while; however, the past few years he has not been cutting the grass. This created a problem with people dumping on the property or walking their dogs and not cleaning up after them. Mr. Rokitka requested that the board members do something to force the owner to maintain his property.

Building Inspector William Czuprynski stated that his office recently sent a letter to the property owner telling him to cut the grass. He questioned whether Mr. Rokitka had any license plate numbers for people who had dumped garbage on the property.

Mr. Rokitka responded that he had gotten license plate numbers about four years ago and contacted the Police Department at that time.

Mr. Czuprynski asked that Mr. Rokitka contact his office if he witnesses anyone dumping on the property and get their license plate number.

ISSUES OF THE PUBLIC

PROPERTY MAINTENANCE ON CROFTON DRIVE & SOUTHWESTERN BLVD.   (cont’d.)

Councilman Hicks suggested posting “No Dumping” signs on the property.

Supervisor Clark directed Highway Supt. Pat Finnegan to have his men post “No Dumping” signs on the property at Crofton Drive and Southwestern Blvd.

Councilman Graber questioned what the fine would be if someone were caught dumping.

Mr. Czuprynski responded that the fine for dumping was $250.

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET

David Swift, 3089 Clinton Street, referred to the proposed recreational facility for 3099 Clinton Street and the Town of West Seneca’s designation as Lead Agency. He requested a copy of the SEQR for this project.

Supervisor Clark responded that he had a copy of the initial environmental impact statement that was completed by the possible developer of the property. The town would be conducting an environmental review, but it would be limited at first because they did not know whether the project would be proceeding. The town was designated as Lead Agency because they wanted to ensure that they maintained control of the project. Supervisor Clark suggested that Mr. Swift stop at his office for a copy of the environmental impact statement.

Mr. Swift questioned what Transit Area Ventures was applying for or what they were doing.

Supervisor Clark stated that Transit Area Ventures was a group of individuals interested in developing a series of indoor ice rink facilities and possibly an arena that would be a new home for certain youth hockey associations. He was awaiting additional information and feasibility studies, but the property was properly zoned for this type of project.

Town Attorney Tim Greenan stated that he would provide Mr. Swift with a copy of the environmental assessment form and contact Mr. Swift tomorrow to review the process with him.

Councilman Osmanski stated that the environmental assessment form was the first document that had to be filed to start the SEQR process. As Lead Agency, the town would submit the form to various agencies, such as the New York State Department of Transportation, Erie County Water Authority, etc., and request their review and comment. The town would then combine all the comments and develop a final environmental impact statement for the project.

Mr. Swift questioned whether a negative declaration had been filed for the project.

Councilman Osmanski responded that the negative declaration was the very last step in the SEQR process.

Mr. Swift requested any information as it became available and stated that the residents of Clinton Street were opposed to the project. He had seen the plans and noted that it was a very large facility. The proposed facility would hold 10,000 people and 3,000 cars in the parking lot. They did not want to see this in their neighborhood.

Councilman Osmanski stated that this was not a town project. Someone had approached the Town Board with a proposal to build this facility.

Mr. Swift noted that there were people working for the town who were very deeply involved in the project.

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET    (cont’d.)

Supervisor Clark responded that one of the people who recommended the project to the town was Mr. Greenan, the developer’s attorney. This was made clear from the very beginning and the Town Board had ensured that Mr. Greenan recluse himself in any areas of advice or counsel to the town on this project.

Mr. Greenan stated that from the very beginning when the project was proposed to the town, he advised the board members that he had a conflict of interest. They would need to consult with Deputy Town Attorney William Bond, and if the project were to proceed, they would need to hire outside counsel.

PETITION FOR SOUND BARRIERS ALONG ROUTE 400

Don Pulinski, 98 Cathedral Drive, presented a petition signed by residents of Summit Meadows and neighboring developments along Center Road requesting that a sound barrier be installed along Route 400 beginning at the Union Road overpass to the Lein Road overpass. Traffic on Route 400 increased greatly over the years and the speed limit was recently increased to 65 mph. Mr. Pulinski stated that residents along Route 400 had to deal with a lot of traffic noise along with noise and lights from the North America Center. He realized that this was a state issue, but asked that the Town Board support the residents’ request.

Councilman Graber stated that the New York State Department of Transportation had specific categories as to when a subdivision was built and whether there would be funding available for sound barrier construction. Communities that existed before the thruway was there were considered Category #1. There was no funding for communities that were built after the 1980’s. Councilman Graber suggested that they forward Mr. Pulinski’s petition to Senator William Stachowski and Assemblyman Brian Higgins. The Town Board could put pressure on them, but the most effective pressure was from the citizens contacting them.

Mr. Pulinski questioned how the residents of Emporium Avenue were successful in getting sound barriers along their property lines and the NYS Thruway.

Supervisor Clark responded that the sound barriers along Emporium Avenue were part of the additional lane project of the NYS Thruway. There was a construction public hearing that included the engineers, town officials, the residents, Assemblywoman Wirth and Senator Stachowski and they were able to pressure the state representatives for the sound barriers. Money was allocated for them, but they found additional funds to increase the barrier because of the extra lanes.

Councilman Osmanski also noted that because of the construction project, the additional lane, and the existing neighborhood, the residents had a strong case for getting the sound barriers. There was no construction project on Route 400, no additional lane proposed, and Summit Meadow Subdivision was developed after Route 400 was constructed.

Motion by Supervisor Clark, seconded by Councilman Hicks, that the Town of West Seneca request from the New York State Department of Transportation (NYSDOT), as soon as possible, a study and report with respect to a request for a sound barrier to be erected along Route 400 Expressway beginning at Union Road and ending at Lein Road.

On the question, Supervisor Clark requested that Town Clerk Patricia Wisniewski forward a certified copy of this resolution along with Mr. Pulinski’s petition to Assemblyman Higgins, Senator Stachowski, the Commissioner of NYSDOT, and the regional office of NYSDOT.

ISSUES OF THE PUBLIC

MAINTENANCE OF THRUWAY PROPERTY

John Mett, 174 Emporium Avenue, questioned the status of his previous request to have the property between the sound barrier along the NYS Thruway and the properties on Emporium Avenue cleaned up and maintained.

Councilman Hicks responded that he had spoken to a representative from the NYS Thruway and was informed that they had planted a special grass on this property and it would stop growing at a certain point. Their agreement was to cut a path behind the barrier and they would clean up the area, but they were not liable to cut the grass on the hill. Due to the amount of rain there had been, they were not able to do anything without damaging the property. The representative assured Councilman Hicks that it would be taken care of by the end of June.

Mr. Mett stated that there was six inches of water in the ditch constantly that should be draining somewhere. He was concerned about the standing water attracting mosquitoes.

RESIDENT QUESTIONS BID AWARD FOR ROAD RECONSTRUCTION

Amy Carpenter, 406 Woodward Crescent, referred to an item on the previous Town Board Meeting agenda regarding awarding the Harwood Road/Tobey Hill Drive/Cheryl Road Reconstruction Project to Occhino Corporation and questioned why it was not on this meeting’s agenda.

Town Attorney Tim Greenan advised that the Town Board had voted on the bid award at the previous meeting; however, Supervisor Clark had abstained from voting and Councilman Hicks was absent. The item needed three votes in the affirmative, so it should be voted on again at this meeting.

Mrs. Carpenter commented that there were other items on the agenda of past meetings and they were passed over without voting on them. She questioned if the public should assume that these items would not be brought up again or that they were on the agenda by mistake.

Councilman Graber stated that sometimes the board would choose to receive and file an item and it might not ever be brought up again.

Mrs. Carpenter suggested that the board members explain why an item was being received and filed and no action was being taken.

RESIDENT QUESTIONS REQUIREMENTS FOR ROAD RECONSTRUCTION PROJECTS

Amy Carpenter, 406 Woodward Crescent, questioned if there were special requirements for the types of materials to be used in road reconstruction projects.

Town Engineer George Montz responded that there were standard specifications when a project was bid out, but there was a one-year maintenance bond required from the contractor to cover any defect in workmanship.

Councilman Osmanski stated that Mr. Montz checked references with other towns, and the Town Board would not award a bid to someone that they had a bad experience with.

ISSUES OF THE PUBLIC

STATUS OF MASTER PLAN

Amy Carpenter, 406 Woodward Crescent, questioned when they could expect the Master Plan to be completed.

Councilman Osmanski responded that the Master Plan was not ready yet, but the next meeting of the committee was June 30th. The committee members received the final draft copy of the Master Plan and should have any comments to the consultant prior to that meeting. The public hearing could then be scheduled.

RESIDENT SUGGESTS “OLD BUSINESS” SECTION ON AGENDA

Karen Lucachik, 61 Greenmeadow Drive, stated that at each Town Board meeting the public was given the opportunity to discuss problems or issues. She understood that they might not always have an answer for the residents at the time their issue was presented, but thought that the board should handle items a little differently. Mrs. Lucachik referred to the issue with Indian Church Road when Dale Clarke proposed a fence to prevent kids from sledding down the embankment into traffic. The board members did not respond to Mr. Clarke right away but waited until the end of the meeting when he could no long comment. Mrs. Lucachik further referred to the Master Plan and stated that the residents had been attending meeting after meeting and were continually told that it would be ready next month. She suggested that items like this be listed as old business at the next meeting so the board members could give the public an answer without them having to get up and ask the same thing at each meeting.

Councilman Osmanski stated that Ms. Lucachik and some other citizens became regular attendees of the Town Board meetings; however, other citizens do not come to every meeting. If the board members were to keep an issue on the agenda as old business and bring it up at the next meeting, the person who was interested in it may not be in attendance at the meeting.

RESIDENT SUGGESTS TOWN EMPLOYEES NOTE PROPERTIES IN NEED OF MAINTENANCE

Karen Lucachik, 61 Greenmeadow Drive, commented on the various departments in town government that had employees who traveled throughout the town, such as the Police Department, Highway Department, and Sanitation Department. She suggested that a clipboard be kept in each town vehicle so that the employees could make note of things like overgrown grass, garbage that needed to be cleaned up, and houses that were unfinished. Mrs. Lucachik referred to the Bellwood School that was vacant for 20 years and questioned how long the town gave someone to finish a building project.

Councilman Osmanski stated that as long as a building was safe and structurally sound nothing had to be done with it. It could sit boarded up for a lifetime.

Councilman Graber stated that years ago there was a multi-million dollar project proposed for the Bellwood School, but former members of the Town Board riled up the residents in that area of town and forced the Town Board vote to be a supermajority. The project was defeated and the building was left vacant.

Building Inspector William Czuprynski stated that the W.S. School Board sold the Bellwood School on the open market. They also sold the property across the street that was needed for parking area, and parking was the major issue when the project was defeated. Mr. Czuprynski noted that the older part of the Bellwood School building was demolished because it was determined to be unsafe.

ISSUES OF THE PUBLIC

RESIDENT SUGGESTS TOWN EMPLOYEES NOTE PROPERTIES IN NEED OF MAINTENANCE

Mrs. Lucachik referred to the proposed recreational facility on Clinton Street and questioned how the citizens of West Seneca would be aware of that proposal. She had not heard anything brought up at Town Board meetings in over one year.

Councilman Osmanski stated that there would be published public hearings on the project. There were many things that were talked about and proposed that never became reality. Until the town received the environmental assessment form for the recreational facility, they did not know for certain that it was an actual project. Now that they knew they would make it public as much as possible and receive comments.

LOCATION OF RADIO TOWER ON TOWN PROPERTY

Christin Labruna, 532 Main Street, thanked Councilman Graber for taking a look at the proposed location for the radio tower and suggesting that they look at alternate locations. She questioned what size the new tower would be if it allowed co-location of cellular phone companies.

Chief Gehen responded that he understood the tower would not be any taller. The only thing that would be different would be the distance between the support legs, which would be 20 feet rather than 17 feet.

Ms. Labruna questioned if there had been any communication with cellular phone companies regarding co-location.

Chief Gehen stated that his secretary had started contacting cellular phone companies last week to determine if there was any interest in co-location. He had not yet received any response from the cellular phone companies.

Ms. Labruna questioned the time frame for deciding on the location of the tower.

Chief Gehen responded that he would inform FM Communications and Saia Communications that another location was proposed and find out if they had any issues with the alternate site.

Ms. Labruna stated that her neighborhood was probably the most historic in the Town of West Seneca and every year fourth grade students visited her home and took pictures of it. She did not want to see a 200-foot tower sticking out over the top of her house. Ms. Labruna did not believe that anything could be done aesthetically to hide the tower, and she felt that the alternate site was more appropriate. Councilman Graber had informed Ms. Labruna that the town did not have to follow its own building codes. She questioned if this were true, and if so, why the town was exempt.

Town Attorney Tim Greenan advised that the town was exempt from the ordinance because of public purpose as opposed to a private commercial enterprise or private homeowner that might want to do something within a particular zoning district. The town was bound by law to do things for a public purpose, but they would still be bound by the same safety requirements imposed by the federal and state government. The tower would have to be constructed in a safe manner because the town would be liable if there were an incident.

Ms. Labruna thought that the town should lead by example and should follow the same laws and codes that citizens were expected to follow.

ISSUES OF THE PUBLIC

LOCATION OF RADIO TOWER ON TOWN PROPERTY    (cont’d.)

Chief Gehen commented that one of the basic principles behind the town being exempt was because public safety needed effective and efficient communication. It would be difficult to regulate government facilities to meet the stringent standards, and they needed the freedom to erect a communications tower that would provide public safety to the community. Chief Gehen stated that one of the reasons they had looked at the initial site was so the tower would be as least intrusive as possible. Only the top 80 feet would be seen because there were a lot of trees that screened the lower portion. That site was also attractive because the police garage could be used to store the equipment. The entire tower would be able to be seen at the alternate site.

Ms. Labruna noted that the existing structure that was located right outside the building was clearly visible. The new structure would be in place a long time and she wanted the board members to think about what they were approving. She thought it should be part of the Master Plan and incorporated with the future development of town property.

Councilman Graber responded that when they looked at the alternate site they considered the possible expansion of the police station and the tower would be located right where they wanted it to be.

Ms. Labruna questioned if there was a zoning regulation with regard to the height of certain structures and if there was a height restriction for this area.

Building Inspector William Czuprynski responded that all the zoning classifications had height restrictions. The height restriction for this area for a principal building was 30 feet.

Ms. Labruna questioned if there was any effort being made to file a Type I action for SEQR.

Councilman Osmanski responded that the principal action that triggered SEQR was a permitting process and there was no permitting required in this case.

Ms. Labruna noted that if the FCC regulated the signal the town might be subjected to NEPA.

Chief Gehen stated that he had asked both communications companies if the town’s existing license would have to be modified and they both said that it was not necessary.

Mr. Greenan stated that he would research whether the town would be subject to SEQR or NEPA.

Thomas Coates, 534 Main Street, also thanked Councilman Graber for visiting the proposed site and considering an alternate site. He questioned whether the Master Plan would address the needs of the Police Department and the expansion. Mr. Coates thought that the town needed to be proactive and commented that the Police Department was inadequate for the size of the town. How the building was designed many years ago no longer served the needs of the department. Mr. Coates thought they needed to practice smart growth and think ahead.

Councilman Osmanski responded that the Master Plan covered many things and it did recognize town facilities and their status. He thought there were some comments about the Police Department, but it did not go into great detail or do a facility assessment. The Master Plan was more of a growth study.

Mr. Greenan stated that by law the Master Plan was required to be about land use, and the condition of the grant from the county was that the Master Plan’s purpose was to look at the town’s land use in terms of its various zoning districts.

ISSUES OF THE PUBLIC

LOCATION OF RADIO TOWER ON TOWN PROPERTY    (cont’d.)

Mr. Coates questioned if there was a working plan in place for expansion of the Police Department.

Supervisor Clark responded that there was no working plan in place right now. The town was not in a financial position to do that.

Chief Gehen commented that the entire Town Board was in favor of expanding the Police Department and they were working hard to make it happen. The Police Department itself was trying to educate the public and show them their needs. Chief Gehen thought that they were building support from the public and they now needed to find some funding for the project.

John Rusinski, 37 Fernwood Avenue, spoke on behalf of the Association of Fire Commissioners and thanked the Town Board and Chief Gehen for their partnership and cooperation with the new radio tower. He commented on the benefit of enhanced communications and how it would impact on the life and safety of everyone in the community. Other communities like Amherst, Cheektowaga, and Buffalo had already changed to the 400 MHz system, and Mr. Rusinski hoped the board members could come to a decision on location of the tower so the project could proceed.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PART-TIME SEASONAL STATUS FOR PUBLIC SAFETY DISPATCHERS

Motion by Councilman Hicks, seconded by Councilman Graber, to change the status of part-time Public Safety Dispatchers James Kavanaugh, James McCullough, David Vasquez & Michael Rybak to part-time seasonal effective June 1 – July 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

BID DATE FOR LEASED VEHICLE FOR YOUTH BUREAU EXECUTIVE DIRECTOR

Motion by Councilman Hicks, seconded by Councilman Graber, to schedule a bid date of July 19, 2004 at 10:00 A.M. for receipt of bids on the lease of a vehicle for the Executive Director of the Youth Bureau.

TITLE CHANGE FOR DARYL KRAWCZYK TO AUTO MECHANIC

Motion by Councilman Graber, seconded by Councilman Hicks, to terminate Daryl Krawczyk as Motor Equipment Operator and appoint Daryl Krawczyk as Auto Mechanic, Step 5, at a rate of $20.05 per hour effective June 14, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

TITLE CHANGE FOR MARK DEJAMES TO SANITATION SUBSTITUTE

Motion by Councilman Graber, seconded by Councilman Hicks, to terminate Mark DeJames as summer help in the Highway Department and appoint Mark DeJames as Sanitation Substitute at a rate of $7.00 per hour effective June 14, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TITLE CHANGE FOR WILLIAM METZGER TO HIGHWAY LABORER

Motion by Councilman Graber, seconded by Councilman Hicks, to terminate William Metzger as Sanitation MEO and appoint William Metzger as Highway Laborer, Group 1, Step 1, at a rate of $18.10 per hour effective June 15, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

BID AWARD FOR HARWOOD RD./TOBEY HILL DR./CHERYL RD. PROJECT

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the Harwood Rd./ Tobey Hill Dr./Cheryl Rd. Reconstruction Project, Job No. H-0402 to Occhino Corporation, 2650 Seneca Street, West Seneca, at their low unit-item contract amount of $844,708 and authorize the Supervisor to sign the contract documents.

Supervisor Clark abstained from voting on this motion because Occhino Corporation was a client of an accounting firm that he had a financial interest in.

TOWN BOARD MEETINGS SCHEDULED

Supervisor Clark announced the following Town Board meetings scheduled for the third quarter of 2004:

HISCOCK & BARCLAY RETAINED FOR LEYDECKER ROAD PROJECT

Town Attorney Tim Greenan stated that as part of the Leydecker Road reconstruction project the town was required to obtain land from the State of New York where the developmental center was located. The Town Board retained the firm of Hiscock & Barclay with respect to the Cazenovia Creek ice retention structure, and he suggested that they also be retained according to the same retainer agreement for purposes of the acquisition of property on Leydecker Road.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to retain Hiscock & Barclay as advisors with regard to possible eminent domain work concerning the Leydecker Road Reconstruction Project.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:55 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK