10-B    COMMUNICATIONS

1.   Supervisor Clark re Agreement with West Seneca Blue Collar Unit

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute a five-year contract between the Town of West Seneca and the West Seneca Blue Collar Unit effective January 1, 2003 through December 31, 2007.

On the question, Supervisor Clark stated that after two years of negotiations, the town and the Blue Collar Unit came to an agreement they both could live with. The town was primarily a service provider and service was provided with personnel. Supervisor Clark commented that the town had some excellent employees that were qualified and dedicated and offered a level of service the residents expected. The contract was a five-year agreement retroactive to January 1, 2003 and he thought they had made great strides in the area of capping and controlling hospitalization costs. Salary increases were reasonable and in line with the cost of living at 2.5 percent per year.

2.   Town Engineer re Hydrant addition – W.S. Fire District No. 1

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the additional annual hydrant fee of $229.08 to Erie County Water Authority for addition of one hydrant and valve assembly at 350 Harlem Road in West Seneca Fire District No. 1, noting that the hydrant was requested by the fire district and the location and annual fee were approved by the Board of Fire Commissioners.

10-B   COMMUNICATIONS

3.   Town Engineer re Donation of property at 2805 Clinton Street

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the donation of approximately 14 acres of vacant land located at 2805 Clinton Street (SBL #124.10-2-7) as a perpetual nature preserve in honor of the owners, the late Robert and Bernadette Jacobs and authorize the Town Attorney to coordinate the transfer of the property.

On the question, Supervisor Clark stated that he knew the late Robert and Bernadette Jacobs who were lifelong residents of the Town of West Seneca. Mr. Jacobs was in the plumbing business at one time and later purchased Buffalo Airfield because of his love of aviation. Supervisor Clark commented that the property was beautiful acreage near the creek and the town was lucky to own it. He asked that Town Attorney Tim Greenan include as part of the transfer negotiations some type of permanent plaque or remembrance of Mr. & Mrs. Jacobs on the property.

Mr. Greenan stated that he would contact Dean Drew, attorney for the Jacobs family, to make sure that the deed transfer included the appropriate language.

Councilman Osmanski noted that the property contained the old oxbow that was in Buffalo Creek to help alleviate flooding in the area. It was also adjacent to the low head dams and would allow easy access for maintenance of the dams.

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

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the 2004 Sanitary Sewer Rehabilitation Project, Job No. S-0405, to United Survey, Inc., 25145 Broadway Avenue, Cleveland, Ohio 44146 at their low unit-item contract amount of $283,535 and authorize the Supervisor to sign the contract documents.

5.   Town Engineer Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1961.33 to K & S Contractors Supply Inc. for supplies for emergency sewer repair.

6.   Highway Supt. re Military leave of absence for Darryl Seibert

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Darryl Seibert effective June 28 – July 4, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

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

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Joseph Steen effective July 7 – 11, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10-B   COMMUNICATIONS

8.   Highway Supt. re Termination of M. Chase as Sanitation Substitute & appointment of C. Radtke

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Michael Chase as Sanitation Substitute effective July 12, 2004 and appoint Carl Radtke, 121 Thorndale Avenue as Sanitation Substitute at a rate of $7.00 per hour effective July 12, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Highway Supt. re Appointment of M. Talty & J. Brady as summer help in Bldgs. & Grounds

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Mark Talty and James Brady as summer help in the Buildings & Grounds Department at a rate of $6.50 per hour effective July 13 – September 3, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Highway Supt. re Rate increase for part-time laborer James McParlane

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a rate increase to $7.25 per hour for part-time laborer James McParlane and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. McParlane completed the 2500 hours required for this increase.

11.    Highway Supt. re Purchases requiring Town Board approval

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

12.   Chief Gehen re Appointment of Christian Vogel as Police Officer Temporary

Motion by Councilman Osmanski, unanimous second, to appoint Christian M. Vogel as Police Officer Temporary effective August 2, 2004 at a rate of $40,193 per annum and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this appointment is contingent until final results of medical and psychological examinations are satisfactorily completed and Mr. Vogel will be subject to successful completion of a one-year probationary period commencing on his appointment date.

10-B   COMMUNICATIONS

13.   Chief Gehen re Status change for D. Steinwandel & R. Leising to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Public Safety Dispatchers David Steinwandel & Roger Leising to part-time seasonal effective July 1 – August 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Chief Gehen re Status change for J. Kavanaugh, J. McCullough, D. Vasquez & M. Rybak

Motion by Councilman Osmanski, 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 August 1 – 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Chief Gehen re Appointment of Walter Gawron & William Michel as part-time Crossing Guards

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Walter J. Gawron and William P. Michel as part-time Crossing Guards at a rate of $18 per day, effective July 13, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.   Chief Gehen re Attendance at NYS Chief’s of Police training conference

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Chief Gehen to attend the 2004 New York State Chief’s of Police training conference August 8 – 12, 2004 in Corning, New York at a cost not to exceed $1038.

17.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2463.77 to JP Morgan Chase for monitors and $2781.91 to Ammunition Accessories, Inc. for ammunition.

18.   Town Clerk re Appointment of Cassandra Colby as part-time clerk

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Cassandra Mae Colby as part-time Clerk at a rate of $6.90 per hour, effective July 8, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10-B    COMMUNICATIONS

19.   Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2980 to Brown’s River Bindery, Inc. for treatment and rebinding of vital records books as follows: Deaths 1948-56 & 1968-75; Marriages 1938-46 & 1946-48.

20.   Assessor re Attendance at Appraising Seminar

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Assessor Ed Hummel and Real Property Appraiser Ed Toy to attend a seminar on appraising in Ithaca, New York, July 21-23, 2004 at a cost not to exceed $1200.

21.   Tax Receiver re Purchase of computers

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of three (3) Intel Pentium Iv 2.8GHz computers at a cost of $925 each for a total of $2775 plus installation charges.

On the question, Supervisor Clark questioned where the computers were being purchased and thought that there was pricing available that was not that high. He suggested that the board authorize the purchase for the amount indicated, but have Receiver of Taxes Ruth Breidenstein research other possibilities.

Town Attorney Tim Greenan noted that the purchase would either have to be off the state contract or in conformance with the town’s purchasing policy. At the amount proposed, Mrs. Breidenstein would have to obtain quotes or buy the equipment pursuant to an established vendor with state contract pricing.

22.   Town Justices re Appointment of Diane Suter as part-time clerk

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Diane M. Suter as part-time Clerk in the Justice Court at a rate of $11 per hour effective July 19, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10-B    COMMUNICATIONS

23.   Recreation Director re Termination of part-time employees

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate the following individuals effective June 1, 2004:

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

24.   Recreation Director re Step change for part-time Recreation Attendants

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve 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.

25.   Recreation Director re Termination & appointment of part-time employees

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Jason Larish & Jessica Welker, as Lifeguards effective June 1, 2004 and appoint Jason Larish & Jessica Welker as part-time seasonal Lifeguard/Instructor, Step 2 at a rate of $7.20 per hour effective June 1 – September 18, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

26.   Recreation Director re Appointment of Michael Rich as part-time Recreation Attendant

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Michael Rich as part-time Recreation Attendant, Step 1, at a rate of $5.45 per hour effective July 19 – September 18, 2004 to work in the Youth on Youth Soccer Program and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10-B   COMMUNICATIONS

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

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following part-time seasonal employees effective June 25 – September 18, 2004:

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

28.   Senior Citizens Supervisor re Rate increase for part-time Van Driver James Pjontek

Motion by Councilman Osmanski, seconded by Councilman Graber, to grant a rate increase to part-time Van Driver James Pjontek, from Step 1 to Step 2, $7.40 per hour to $7.90 per hour, effective June 20, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Pjontek completed the 1400 hours necessary for this increase.

29.   Youth Director re Bid award for leased vehicle

Received and filed.

30.   Disaster Coordinator re Purchase of 2001 Ford Expedition 4 x 4 truck

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of a 2001 Ford Expedition 4 x 4 truck from Delacy Ford, Inc., 3061 Transit Road, Elma, NY 14059 at a cost of $17,600 and an additional cost not to exceed $2400 for changeover and conversion of equipment (lights, radios & lettering), noting that this truck is a replacement for the 1994 Chevy Suburban now in service for the Office of Disaster Preparedness.

On the question, Supervisor Clark noted that there was a bond resolution being proposed later in the meeting that would finance the purchase of this vehicle.

Councilman Graber stated that Disaster Coordinator Mike Kerl had been trying to obtain a new truck for four years and the Town Board kept holding off. The only reason they were approving this one was because Mr. Kerl was able to locate a used vehicle at a reasonable price. Councilman Graber noted that this vehicle was another town’s old vehicle and was already equipped for fire and rescue.

10-B   COMMUNICATIONS

31.   Town Attorney re Restricted use permit for Upstate Farms Cooperative

Motion by Councilman Osmanski, unanimous second, to grant a restricted use permit for the Upstate Farms Cooperative project.

On the question, Supervisor Clark stated that the town had been working with individuals from Upstate Farms Cooperative for several months. Because of Upstate Farms’ desire to remain in WNY and their cooperative nature, the town was able to work out the proper arrangements for them to locate within the industrial park and 117 jobs would be retained. Supervisor Clark commented on the cooperation between the town’s department heads and representatives from Upstate Farms, along with the development agencies from Erie County, Empire State Development and David Lawrence of the West Seneca Development Corporation.

Councilman Graber thanked David Lawrence and the West Seneca Development Corporation for their foresight in making North America Center shovel-ready. Their primary motive at that time was bringing in a chip manufacturing facility, but the economy changed dramatically. However, the entire property was made shovel-ready and as a result it stood out in comparison to other industrial parks.

Supervisor Clark commented that over the last 10 – 11 years the industrial park had grown to over one million square feet of construction. The Upstate Farms project would be over $28 million of new construction.

Councilman Osmanski noted that the one million square feet of construction amounted to almost one-half of the industrial park being developed. He commented that a lot of businesses do not want to locate or stay in WNY, and he thought their success with North America Center was very good for the town.

32.   Town Attorney re Height variance for Upstate Farms Cooperative

Motion by Supervisor Clark, seconded by Councilman Hicks, to grant a height variance to 68 feet for the Upstate Farms Cooperative project.

On the question, Supervisor Clark stated that the structure was a stainless steel tower and would house some of their milk and raw material products.

33.   Town Attorney re Restricted use permit for Watkins Motor Lines, Inc.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to issue a Negative Declaration for SEQR with regard to Watkins Motor Lines, Inc. truck terminal project based on compliance with the established uses and acceptable environmental impacts as stipulated in the Industrial Park FSGEIS.

On the question, Supervisor Clark stated that Watkins Motor Lines was another good facility that was expanding in WNY and 30 jobs would be retained. They were purchasing 13.8 acres in the industrial park where they would be constructing a $4 million, 30,000 square foot, 61 door, truck terminal facility. Supervisor Clark commented that Watkins Motor Lines was the seventh largest specialty freight distribution company in the country. They were specialty haulers with a very fine safety record and corporate citizenship record.

10-B    COMMUNICATIONS

33.   Town Attorney re Restricted use permit for Watkins Motor Lines, Inc.

(continued)

Motion by Supervisor Clark, seconded by Councilman Osmanski, to grant a restricted use permit for the Watkins Motor Lines, Inc. project.

On the question, Councilman Osmanski noted that the industrial park had a zoning overlay and a special zoning process so projects did not go through the Planning Board. This was done to allow projects to be approved quicker if they met the requirements of the zoning overlay. They were able to issue the Negative Declaration at this meeting because the property was shovel-ready and the environmental studies had already been done. The Industrial Park Review Committee reviewed the project and made their recommendation based on the project meeting all the requirements.

10-C    REPORTS

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET

Supervisor Clark stated that some time ago he had read in the paper that a recreational facility was being studied and undertaken by a local developer, and there was property on Clinton Street in West Seneca placed under contract. At the time, he had checked the zoning and land use availability of the property and found that the zoning was correct for a recreational facility. The town would have very little input and no authority or control as to what was built on the site. Supervisor Clark contacted the developer and questioned their plans due to his concern over the effect that a project of this magnitude could have on the town. Because the property was properly zoned, the developer would only need to complete some environmental studies in order to construct the building. The developer had the right to build whatever they wanted to on the property as it fit within the zoning codes, and the town or any other governmental agency would have very little to say about it. The only possible points of objection would be environmental issues and it was likely that those would be able to be worked out. Supervisor Clark was concerned about the project because that area of Clinton Street was a beautiful, historic area of town. He further noted that after hearing it would be a hockey facility it became an interest to the Town of West Seneca because a lot of taxpayer money was spent on the Ice Rink behind Town Hall, which was aging rapidly. Only general schematics had been presented so far, but Supervisor Clark wanted the town to be involved in the project to ensure that they would have a voice in it. A Lead Agency had to be designated for SEQR purposes and the Town Board designated the Town of West Seneca so they would have first-hand information. They wanted to have input and were awaiting studies on soil condition, traffic impact, and impact on the flood plain. Supervisor Clark commented that if the project proceeded, there was the possibility of having some public amenities included that would be mutually beneficial for the town and the project. He further noted that Town Attorney Tim Greenan was privately representing the developers and had recused himself from any interaction other than informational. Mr. Greenan would be offering the town no policy input or advise with regard to the recreational facility. Deputy Town Attorney William Bond was currently acting as the town’s advisor for the project, but if it proceeded, they might need to hire an advisory counsel.

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET   (continued)

David Swift, 3089 Clinton Street, stated that after several attempts he finally received a copy of the SEQR form for the project. He questioned why he had to go to Mr. Greenan’s office for everything he requested on the project if Mr. Greenan was not involved in the project on behalf of the town.

Mr. Greenan responded that he provided Mr. Swift with a copy of the SEQR form in his capacity as attorney for the developer, not in his capacity as Town Attorney for the Town of West Seneca.

Councilman Osmanski stated that he also had a problem getting a copy of the SEQR form, but after locating it he furnished Town Clerk Patricia Wisniewski with a copy of it so it would be available to the public.

Mr. Swift questioned who completed the SEQR form.

Supervisor Clark responded that as Lead Agency the town completed the SEQR form with basic information supplied by the developer.

Mr. Swift questioned if the town was the applicant or the sponsor for the project.

Supervisor Clark responded that the town was neither the applicant nor the sponsor of the project.

Mr. Swift noted that Supervisor Clark had signed his name under applicant/sponsor on the SEQR form.

Supervisor Clark stated that as soon as the town becomes aware that they might be involved in a project, they trigger SEQR and submit the appropriate forms.

Mr. Swift stated that he had met with Mr. Savarino on Friday and Mr. Greenan this date. Mr. Savarino informed Mr. Swift that the town was sponsoring the project and that the recreation facility would belong to the town when the project was complete. Mr. Swift referred to the SEQR form and the question on whether the project involved local, state or federal funding. The question was answered “yes” and it was stated that the town would consider various general obligation bonds, revenue bonds, and financing facilities. Mr. Swift questioned if the town was financing the project.

Supervisor Clark responded that the town had not decided if they were going to proceed with the project, but if they were to be financially involved, that was how the arrangement would work and how the form would be filled out.

Mr. Swift questioned why the town would become financially involved in the project when private industry wanted to build the facility.

Supervisor Clark responded that the town might want to exercise some kind of control over the type of project or they might want to address the needs of recreation for youth hockey and youth sports. There were thousands of youth in town looking for additional recreational facilities. The town was spending $300,000 to $500,000 each year on a very aging facility that did not have much economic useful life, and they would eventually have to decide how much money they should put into the facility. Supervisor Clark thought that the town should keep an open eye to recreational possibilities and maybe be involved in developing a regional recreational facility that could draw more money into Western New York in an environmentally friendly way. This type of facility would bring more money and economic activity to the area. Supervisor Clark commented that they needed to draw new money into the area, and if it involved the town taking a leadership role in the project, he thought that it should at least be

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET    (continued)

debated and considered. Mr. Swift started the debate and that was proper and right for him to ask questions on behalf of himself and his neighbors. However, the town also had a responsibility to at least talk with people, look over possibilities, and consider things that might be beneficial for town residents and Western New York. There was a need for more opportunities and more jobs, and servicing youth and recreational sports in a regional asset way might be appropriate for the town to do. The town was working very long and very hard in getting tenants for the industrial park and there were over 1200 good paying jobs at the businesses located there, but that involved financing, bonding and eminent domain procedures. These were some hard choices for the Town Board to make years ago.

Mr. Swift suggested that the town invest the $40 million in the existing ice rink instead of the proposed facility. He questioned why the town would not be able to stop the proposed project.

Supervisor Clark responded that it was unlikely that the town could stop the project because the property was properly zoned for the facility.

Mr. Swift stated that when he moved to Clinton Street the area was zoned R-100A, and then years ago the Town Board changed the zoning to M-1 because they wanted more manufacturing and businesses in the town. Now the new Master Plan was proposing to change the zoning again.

Councilman Osmanski stated that the new Master Plan proposed that the zoning for the parcel in question be changed from manufacturing to commercial. They did not want undesirable uses such as concrete plants, blacktop plants, etc. in that area of Clinton Street and preferred some higher end commercial, recreational use, or nursery that would fit in with the character of the neighborhood. Councilman Osmanski noted that the Master Plan Committee had been discussing how to present the Master Plan. Zoning changes were a big controversy and they had to decide if they wanted to present the Master Plan and its recommendations with the zoning changes. Councilman Osmanski stated that the town was trying to present a better plan that they could use to lead and oversee development in the town the way they would like it. For instance, as the zoning laws were they would have a difficult time using town codes to fight the Walmart issue. With the proposed changes to the Master Plan, he believed they would have a much better chance of prevailing in court. The proposed recreational facility was a similar case and that was why they wanted to oversee development and try to protect the residential areas a little more.

Mr. Swift stated that the proposed recreational facility involved 58 acres. He also understood that Supervisor Clark was involved with Canisius College and their purchase of 50 acres for athletic fields.

Supervisor Clark responded that any entity was allowed to buy property that was for sale and he understood Canisius College had some property under contract, but he was not involved in that transaction. He noted that all the property surrounding Mr. Swift’s home was for sale and it would all be used for something.

Mr. Swift understood that the proposed recreational facility was very closely tied in with Canisius College, and they had already taken contracts with the developer for building the locker rooms and using the parking lots.

Councilman Osmanski responded that the Town Board did not have any documentation attesting to that, but the board would want to know all the details before they moved ahead with the project.

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET   (continued)

Mr. Swift commented that the proposed project was huge for West Seneca or any town, especially in the area that it was going. He felt that the town was doing the same thing to him and his neighbors as they did to the Parkside Drive residents with the soccer complex.

Supervisor Clark responded that there might be some people who did not want the soccer complex where it was, but there were a lot of families and young people who were very happy with it. They were servicing the need for families to have fun together and have a nice facility that was secure. He thought the soccer complex was a good project, and the Town Board was working with the neighbors and many of them accepted it and liked it. They could not make 100 percent of the people happy.

Frank Russo, 38 Parkside Drive questioned why Supervisor Clark stated on the SEQR form that public funding would be used for the project instead of waiting to see the figures that the developer submitted.

Supervisor Clark responded that he wanted the public to know exactly what was being considered and he would consider any reasonable proposal.

Ann Werner, 3348 Clinton Street, did not want to see the proposed recreational facility built across the street from her. She lived and paid taxes on Clinton Street since 1912 and wanted to remain there with the neighborhood as it was.

KLAS AVENUE RESIDENTS REQUEST WOODEN BARRIER ALONG I-90

Janice Moscicki, 129 Lowell Lane, represented the residents of Klas Avenue and presented a petition signed by the residents requesting a wooden barrier along I-90 to help control the noise level, for privacy of the residents, and for air quality. Erie County Legislator Mark Schroeder was campaigning in the neighborhood at the time the petition was being circulated, and he also signed it after witnessing firsthand the issues the neighbors were complaining of. Mrs. Moscicki had contacted Assemblyman Brian Higgins, Senator William Stachowski, and the NYS Thruway Authority earlier this year. She recently received a copy of a study conducted in 2002 concerning the noise decibels and the possible construction of concrete barriers, and Klas Avenue ranked 19 out of 44 for noise impediment. Mrs. Moscicki noted that the Emporium Avenue residents and the Dingens Street Park each had a wooden visual barrier. She questioned how the Dingens Street Park got a barrier when there were no homes next to it and was informed by William Leslie of the NYS Thruway Authority that the Dingens Street Park had a wooden barrier because the Town of Cheektowaga elected officials requested it. Mrs. Moscicki asked that the West Seneca Town Board request a wooden barrier for the Klas Avenue residents. Senator Stachowski had informed Mrs. Moscicki that it probably would be an uphill fight and the NYS Thruway Authority would not consider funding for this work, but they could look elsewhere for payment for the construction.

Councilman Graber noted that the NYS Thruway Authority had annual funding for fencing.

Mrs. Moscicki stated that the NYS Thruway Authority was still waiting to see what the funding would be this year. A representative from the NYS Thruway had told her that the study that was completed was for a concrete barrier. Mrs. Moscicki spoke with Emporium Avenue residents and they said that the wooden barrier absorbed the noise and it was also cheaper than concrete. The wooden barrier was all the residents of Klas Avenue were asking for and they were asking for the Town Board’s support.

Motion by Councilman Graber, unanimous second, to request that the New York State Thruway Authority use the findings of the noise study conducted in 2002 to fund a wooden visual/sound barrier for the residents along Klas Avenue.

ISSUES OF THE PUBLIC

KLAS AVENUE RESIDENTS REQUEST WOODEN BARRIER ALONG I-90   (continued)

On the question, Supervisor Clark directed Town Clerk Patricia Wisniewski to forward a certified copy of the resolution to the Regional Director of the NYS Thruway Authority, Senator Stachowski, Assemblyman Higgins and NYS Assembly Majority Leader Paul Tokasz.

FORMER HIGHWAY EMPLOYEE QUESTIONS RESULT OF PERSONNEL HEARING

Debra McCarthy stated that she understood the Town Board was going to make a decision at this meeting concerning her personnel issue.

Deputy Town Attorney William Bond advised that a hearing was held and a report and recommendation was forwarded to the Town Board. He understood that Councilman Hicks would be offering a motion addressing this matter later in the meeting.

OPPOSITION TO VARIANCE FOR TWO-FAMILY HOME

Victor Marciano, 268 Heather Hill Drive, commented on the vacant land located next to his home at 429 Reserve Road where variances were proposed for a two-family home. The surrounding residents were opposed to a two-family home in a single family, residential neighborhood. They would be attending the Zoning Board meeting on July 28th, but also wanted to express their opinion to the Town Board and ask for their support.

Supervisor Clark responded that the Zoning Board was independent from the Town Board and there was no interaction between the two. The appropriate place for the residents to express their opinion would be at the Zoning Board meeting.

FOIL REQUEST FOR SALARY INFO ON BOARD MEMBERS

Dale Clarke, 379 Indian Church Road, stated that he had been asking for information on the board members’ salaries since February 2004 and he still had not received anything.

Town Attorney Tim Greenan stated that his office was in possession of the information received from the Comptroller’s Office, and he had promised Mr. Clarke that he would furnish it to him before the next meeting. He asked that Mr. Clarke stop at his office on Wednesday and he would give him a copy of the information.

Mr. Clarke further commented on the proposed recreational facility on Clinton Street and thought that Supervisor Clark was not being honest with the residents of Clinton Street. Mr. Clarke did not believe that Supervisor Clark was unaware of a project that size. He also felt it was a conflict of interest for Supervisor Clark to represent businesses through his accounting firm and the town residents through his capacity as Supervisor.

Supervisor Clark responded that he always gave the appropriate disclosure whenever there was a vote that involved a client of his accounting firm.

UPDATE ON CAZENOVIA CREEK ICE RETENTION STRUCTURE

Frank Russo, 38 Parkside Drive requested an update on the Cazenovia Creek ice control structure.

Town Attorney Tim Greenan advised that the condemnation proceedings were started to acquire the remaining easements and a court date was scheduled for later this week. The town would then take possession of the land, transfer it to the federal and state government, and they would then let the project out for bid.

ISSUES OF THE PUBLIC

ISSUES WITH SOCCER COMPLEX AND PROPOSED RECREATIONAL FACILITY

Frank Russo, 38 Parkside Drive, requested a copy of the SEQR form for the proposed recreational facility on Clinton Street and for the soccer complex on Seneca Street. He commented on the lease between the Soccer Association and the Town of West Seneca and stated that in 2001 the rent was supposed to be $113,500.00, but they only paid $18,193.00. In 2002, they were supposed to pay $128,500.00, but they only paid $55,510 and in 2003 they were supposed to pay $128,500.00 but only paid $21,194.00. The total amount owed to the Town of West Seneca was $370,500.00 but the Soccer Association only paid $94,897.00. Mr. Russo questioned what the town was going to do to collect the money owed and if someone else was now running the Soccer Association.

Town Attorney Tim Greenan understood that the Soccer Association contracted with a management group that was guaranteeing the Soccer Association would meet their obligations.

Mr. Russo thought that the soccer complex was a tremendous debacle for the town. The majority of the surrounding residents were opposed to the soccer complex from the start, and those who were once in favor of it have since changed their opinion due to the magnitude of the project. Mr. Russo stated that the project proposed for Clinton Street was previously proposed in the Town of Lancaster. The property was selected, the plans were the same, and there was a promise of a junior hockey team coming into town to use the facility. However, the developer wanted $38 million from the town to finance the project, and the town turned them down.

Mr. Greenan stated that some land was optioned in Lancaster, but he did not believe that the project was ever proposed there. The Town of Lancaster continued to pursue the developer even after he changed his mind and decided to look elsewhere.

Supervisor Clark also understood that the Town of Lancaster actively pursued the developer, but they were not able to come to an agreement. The Town of West Seneca was not even at that stage. Supervisor Clark stated that he was under an obligation as Town Supervisor to speak with any group and start the paperwork for any tentative project. When he heard of the proposed recreational facility, he made the project public and processed the SEQR form. Supervisor Clark stated that the developer submitted nothing formal and there were no proposals for financing that he was aware of.

Mr. Russo did not believe that the town should get involved with a private developer to build a recreational facility with public funding, and if they did there should be a public referendum. He commented that private sector hockey rinks were a losing cause and every hockey rink that was privately run in Western New York ended up bankrupt. They would have to charge $250 to $300 per hour for ice time in order to survive. Mr. Russo questioned if the board members wanted to eliminate the town Ice Rink because it cost too much money. He noted that the best and most successful ice rinks were those owned by the town and subsidized by the taxpayers. Mr. Russo thought that the residents wanted an ice rink for recreation, but they were not willing to go in debt by giving public funds to a private developer. He suggested that the board members ask the developer how much they would be charging per hour for ice time, if they had any tenants yet, and what their terms were.

Councilman Graber stated that the Hockey Association had been requesting additional ice surface for a long time, but the board would not agree to anything until they came up with the figures. If a private developer thought they could make a go of it, they would also have to show the Town Board the numbers.

ISSUES OF THE PUBLIC

ISSUES WITH SOCCER COMPLEX AND PROPOSED RECREATIONAL FACILITY

Mr. Russo suggested that the Town Board do their homework on this issue, and if the developer really wanted to build the proposed recreational facility, encourage him to build it in the industrial park instead of ruining another neighborhood.

Dave Zygaj of Buffalo Niagara Sports stated that they recently came into contract with the West Seneca Soccer Association to assist them in managing the soccer complex. One of the issues was scheduling and they had already met with Mr. Russo on this. They were trying to alleviate some of Mr. Russo’s issues and would continue to work with him and other entities. Mr. Zygaj commented that the soccer complex was a great facility for the youth and it could have a substantial economic impact on the area because they could bring in outside organizations.

STATUS OF RADIO TOWER

Christin Labruna, 532 Main Street, questioned which location was selected for the 180-foot radio tower.

Chief Gehen responded that bids were opened this date at 10:00 A.M. and they had not yet chosen a location. The board members were each given a copy of the specs and bids and they would be discussing them with a possible decision by the next Town Board meeting.

Ms. Labruna understood the necessity of the radio tower, but did not want to see it in a residential neighborhood. The board members had a choice on the location of the tower. It could be placed next to the Town Hall where the present structure was located and people were used to seeing it. Although the other location was also on municipal property, it was behind a historic residential district of town. Ms. Labruna stated that she had done some research with regard to SEQR, and the town was required to file a SEQR form. This was an unlisted action according to SEQR and she requested a copy of the form after it was filed. Ms. Labruna understood that with the FCC application they would have to determine the radio frequency emissions from the tower and she requested a copy of all FCC permits that were filed.

Chief Gehen responded that the company the town worked with on the tower advised that they would not have to modify the existing FCC license unless they were raising the height of the transmitting antenna that transmitted the radio frequency out. The tower would have the capability of housing more antennas, but the town did not plan to modify the license at all because they were not raising the transmitting antenna. The height of the reception antenna would be raised, but that did not require modification. The tower would be 180 feet tall and the antenna would be placed somewhere on the tower at the same height as on the existing tower. The reception antenna would be placed higher on the tower. Chief Gehen stated that the town transmitted on one frequency and received on another frequency and that would not change.

Ms. Labruna stated that they should be able to add all the MHz from the transmissions and have an engineer figure out the emissions. She noted that the emissions had been proven to cause cancer in some studies.

Chief Gehen asked that Ms. Labruna contact him and explain exactly what information she was looking for. He noted that the site behind her home would be buffered by a lot of foliage and trees, but the other site was out in the open. Ms. Labruna would be able to see the tower in either location, but it would be screened more if it were behind her home.

ISSUES OF THE PUBLIC

STATUS OF RADIO TOWER   (continued)

Ms. Labruna was also concerned about the depreciation in her property value because of the radio tower in her back yard.

Chief Gehen stated that the new radio tower was imperative for police, fire and EMS communications. They did not care where the tower was located, but it had to be located in close proximity to the Police Department because lines and cables had to be run from the dispatch center to the tower.

Councilman Osmanski stated that the board members now had the information from the bids and would be reviewing it. Ms. Labruna raised a number of good points and they understood how she felt.

Ms. Labruna stated that the town could not legally do anything with the radio tower until the SEQR was filed and a Negative Declaration issued. An archeological report should also be required because it was a historic area. Ms. Labruna further commented on the proposed recreational facility on Clinton Street and stated that she did not believe Supervisor Clark should have completed the SEQR form because he was not the project sponsor or applicant. If he did fill it out, he should know everything that was going on with the project. There were many specifics on the SEQR form such as square footage, flood plains, etc., so the developer should have filled out the form. The town as Lead Agency should actually have filled out Part 2 of the application and contacted all the agencies involved.

Town Attorney Tim Greenan advised that if the town was considering a project or involvement in a project, at the earliest stage they were required to file SEQR. Notification to all the potentially involved agencies came at the time that sufficient data was available. Under SEQR, the town was not in a position to issue a Negative Declaration until it declared itself Lead Agency, notified all the potentially involved agencies, and given them 30 days to comment.

Ms. Labruna questioned if the town had all the plans that would be required to fill out the application and if the environmental assessment form would have to be modified.

Mr. Greenan responded that the environmental assessment form was for fact-finding, so the first time the form was filled out they could look at the project in a global sense and as the project developed it could become more specific.

Ms. Labruna questioned if the town would be requiring an environmental impact statement.

Mr. Greenan stated that the requirement for an environmental impact statement would be determined later in the process.

Supervisor Clark stated that right now they were only considering the project and he wanted to get a public process started.

Ms. Labruna commented that the board members seemed to issue a Negative Declaration for every SEQR form that came before them.

Councilman Osmanski responded that many of the projects they considered were in the industrial park. The town spent many years and a lot of money on the environmental impact statement for the industrial park. The original one was a volume of books and there were numerous follow-ups for additional things. Therefore, they were not required to do anything for new projects in the industrial park because it was already done.

ISSUES OF THE PUBLIC

STATUS OF RADIO TOWER    (continued)

Ms. Labruna stated that the property on Clinton Street was not in the industrial park and the surrounding residents wanted to keep their homes valuable.

Mr. Greenan stated that the property on Clinton Street was zoned M-1. Therefore, a developer could come in with an M-1 use that met the setback requirements, bulk area, and size requirements. Because the town had no site plan approval, all they would need to do was apply for a building permit. The Building Inspector’s issuance of a building permit was ministerial in nature and not subject to SEQR review because it was non-discretionary. If they met the requirements of the NYS Building & Fire Prevention Code and the Town Zoning Ordinance, there would be no discretionary public approval and SEQR would not be triggered. The new Master Plan added site plan approval as part of the recommendation, so SEQR would be triggered in many more instances. The site plan would be subject to public discretionary approval at which point the long form environmental assessment would be required to be completed by the project sponsor with circulation by the Lead Agency to all involved agencies.

Ms. Labruna stated that the project may fit into the building code and zoning code, but if they met proper thresholds SEQR would be triggered.

Councilman Osmanski stated that there was no problem with putting parking in the flood plain because it was not a permanent structure. They could build away from the wetlands, so there would be no issue there. The property was farmed for 50 years and although they might do some spoon studies, whatever they came up with probably already turned up in the farming. If they stayed away from Buffalo Creek they would have a buffer, so there would be no zoning issue with that. Noise would not be an issue because it would be an indoor facility. The only other issue might be with the NYS Department of Transportation, but Clinton Street was a state highway. If none of the agencies had any problem with the project, the town would have a difficult time stopping it.

Ms. Labruna suggested that the Town Board members or Planning Board members recommend other sites to the developer such as the industrial park.

Councilman Osmanski responded that they could recommend the industrial park, but the cost of the property on one of the developed streets in the park would be a lot more than the cost of flood plain property.

Ms. Labruna questioned when she could expect the SEQR form for the radio tower project.

Mr. Greenan responded that if the radio tower was an unlisted action, the Police Department as the project sponsor should complete a short form environmental assessment form, and he would get together with Chief Gehen on this.

Frank Russo, 38 Parkside Drive referred to Councilman Osmanski’s comments on building in a flood plain and questioned how they were allowed to build the concession stand at the soccer complex in the flood plain.

Councilman Osmanski responded that the area where the concession stand was located was not part of the flood plain.

Mr. Greenan noted that the prohibition was not against building in the flood plain; the prohibition was that structures in the flood plain needed to have their lowest opening above the 100-year mark. Another prohibition was that you could not take fill out or bring fill in; you could only balance it within the site.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

DESIGNATION OF NATIONAL NIGHT OUT

Motion by Councilman Hicks, seconded by Councilman Osmanski, to designate Tuesday, August 3, 2004 as the date for observance of National Night Out to be held at the Southgate Plaza, 5 PM – 9 PM, with assistance in setting up and dismantling needed equipment provided by the Buildings & Grounds Department.

TERMINATION OF DEBRA MCCARTHY, SECRETARY TO HIGHWAY SUPT.

Councilman Hicks stated that in May 2004 the Town Board appointed Deputy Town Attorney William Bond to be the Hearing Officer to hear disciplinary charges against Debra McCarthy, Secretary to the Highway Superintendent. Following a hearing held on June 11, 2004, Mr. Bond made a report to the Town Board and recommended that Mrs. McCarthy’s employment be terminated.

Motion by Councilman Hicks, seconded by Supervisor Clark, to accept the findings of Hearing Officer William Bond and terminate Debra McCarthy as Secretary to the Highway Superintendent effective July 12, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

REAPPOINTMENT OF JOSEPH CIANCIO TO WEST SENECA PLANNING BOARD

Motion by Councilman Graber, seconded by Councilman Hicks, to reappoint Joseph Ciancio to a seven-year term on the West Seneca Planning Board effective June 5, 2004 through June 4, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

BOND RESOLUTIONS

Town Attorney Tim Greenan advised that the first bond resolution was for equipment with a payback period of five years or less. The second bond resolution was for equipment that had a duration of at least 15 years.

Motion by Supervisor Clark, seconded by Councilman Hicks, to adopt a resolution authorizing the acquisition of various passenger vehicles in an amount not to exceed $188,000 and the acquisition of various equipment, machinery and apparatus or furnishings in an amount not to exceed $93,000 for use by the Town of West Seneca, and authorize the issuance of serial bonds in an aggregate principal amount not to exceed $281,000 pursuant to Local Finance Law to finance said purchases, and delegate the power to issue bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

*APPENDICES*

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BOND RESOLUTIONS    (continued)

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt a resolution authorizing the acquisition of various machinery and apparatus for construction and maintenance in an amount not to exceed $780,000 for use by the Town of West Seneca, and authorize the issuance of serial bonds in an aggregate principal amount not to exceed $780,000 pursuant to Local Finance Law to finance said purchases, and delegate the power to issue bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

*APPENDICES*

Motion by Supervisor Clark, seconded by Councilman Graber, to adopt a resolution authorizing the reconstruction of and the construction of an addition to the existing building used for dog control by the Town of West Seneca in an amount not to exceed $150,000 and authorize the issuance of serial bonds in an aggregate principal amount not to exceed $150,000 pursuant to Local Finance Law to finance said purchases, and delegate the power to issue bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

*APPENDICES*

Motion by Supervisor Clark, seconded by Councilman Graber, to adopt a resolution authorizing the acquisition of a police radio tower for the Town of West Seneca in an amount not to exceed $130,000 and authorize the issuance of serial bonds in an aggregate principal amount not to exceed $130,000 pursuant to Local Finance Law to finance said purchase, and delegate the power to issue bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

*APPENDICES*

Motion by Supervisor Clark, seconded by Councilman Hicks, to adopt a resolution authorizing the repair and replacement of West Seneca Town Hall steps in an amount not to exceed $60,000 and authorize the issuance of serial bonds in an aggregate principal amount not to exceed $60,000 pursuant to Local Finance Law to finance said purchase, and delegate the power to issue bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

*APPENDICES*

Motion by Supervisor Clark, seconded by Councilman Hicks, to adopt a resolution authorizing the issuance of serial bonds in an aggregate amount not to exceed $900,000 pursuant to Local Finance Law to finance a portion of the town’s outstanding obligations under various retirement programs and the related financing costs, and delegate the power to issue bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

*APPENDICES*

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BOND RESOLUTIONS    (continued)

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt a resolution authorizing the construction and reconstruction of various roads in the Town of West Seneca, including but not limited to Leydecker Road, Harwood Road, Savona Street, and Dorr Street, in an amount not to exceed $3,495,000 and authorize the issuance of serial bonds in an aggregate principal amount not to exceed $3,495,000 pursuant to Local Finance Law to finance said purchase, and delegate the power to issue bond anticipation notes in anticipation of the sale of such bonds to Supervisor Paul T. Clark.

Mr. Greenan noted that the actual roadwork had a 15-year useful life and the water system and sewer work each had a 40-year life span.

*APPENDICES*

APPOINTMENT OF JOHN FENZ AS PART-TIME LAW CLERK

Motion by Supervisor Clark, seconded by Councilman Hicks, to appoint John J. Fenz as part-time seasonal Law Clerk at a rate of $8.00 per hour effective July 12, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

SCHOOL RESOURCE OFFICER

Supervisor Clark stated that he and Chief Gehen had met with West Seneca School Superintendent James Brotz and reached an agreement with regard to providing permanent police presence in the West Seneca School system. The West Seneca School Board approved the agreement at their Organizational Meeting. The school district would reimburse the Town of West Seneca the sum of $75,000 annually for a period of four years beginning in September 2004. In exchange, the West Seneca Police Department would assign two police officers, one to West Seneca West High/Middle School and one to West Seneca East High/Middle School while schools were in session for the traditional school year. The officers could also be utilized in the school system during the intermittent summer school programs; however, the officers would primarily be utilized by the West Seneca Police Department for traditional law enforcement operations during summer months. A COPS SRO (School Resource Officer) grant was applied for in the amount of $125,000 for a three-year period. The grant would be split equally between the Town of West Seneca and the West Seneca School District. The town hired one police officer at this meeting and a second officer would be hired after the grant was received. Although the officers would be assigned to the school system, they could be utilized for other town law enforcement needs during periods of emergency where manpower levels necessitated additional resources to address critical areas of public safety. Supervisor Clark commented that the Town Board and West Seneca School Board were taking preventative measures in order to provide this service to the residents and students. He commended Chief Gehen, Sup’t. Brotz, and School Board member Nancy Lesakowski for their work in developing this agreement.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize Supervisor Clark and Chief Gehen to sign the attached Memorandum of Understanding dated June 29, 2004 detailing the agreement between the Town of West Seneca and the West Seneca School District with regard to providing police presence in the West Seneca School system.

*APPENDICES*

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ADJOURNMENT

Motion by Councilman Osmanski, seconded by Supervisor Clark, to adjourn the meeting at 10:50 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK