Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.

ROLL CALL: Present -

Absent -   None

Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

The meeting was dedicated to the memory of John F. (Jack) Quinn Sr., Norma M. Hall, Douglas A. Blanchard Sr., Clifford J. Dusch, Michelina Ciavarella, Regina M. (Jean) Schlegel and Vincent P. Sicari.

11-A   MINUTES TO BE APPROVED

·  Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2004-10 of July 12, 2004.

·  Motion by Councilman Osmanski, seconded by Councilman Graber, to approve minutes from the July 12, 2004 bid opening for a radio tower.

·  Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the July 19, 2004 bid opening for lease of a 4 x 4 truck.

·  Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the July 26, 2004 Special Meeting on the Cazenovia Creek Ice Control Project.

11-B    LEGAL NOTICES

1.   Motion by Supervisor Clark, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 4560 CLINTON STREET, BEING PART OF LOT NO. 333, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR LIGHT AUTOMOTIVE REPAIR” in the Town of West Seneca, be received and filed.        (Craig W. Tschetter)

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

11-B    LEGAL NOTICES

1.    (continued)

Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its June 16, 2004 meeting, the Planning Board recommended approval of the request for a special permit for property located at 4560 Clinton Street, being part of Lot No. 333, changing its classification from M-1 to M-1(S), for light automotive repair with the following stipulations: 1) the area of the special permit be reduced from the area shown in the application to an area within 395 feet of the centerline of Clinton Street (This would draw a line through the property just north of the third bay. Automotive use would be permitted in this area, but no expansion would be allowed beyond the third bay.); 2) the special permit is limited to general automotive maintenance and repair to be performed within the north structure of the premises, excluding any collision work, painting, and exterior storage of automotive parts or supplies; 3) no new lights should be directed toward any of the neighbors; 4) hours of operation to be limited to 6 A.M. thru 9 P.M.; 5) a fence of the same style as the existing fence be continued from the existing fence north to the end of the paved parking lot shown on the plot plan (This should take the fence about 10 to 15 feet beyond the north end of the existing building and approximately 60 feet beyond the area that the special permit applied to.)”

The petitioner, Craig Tschetter, was present at the meeting to answer any questions from the Town Board members or public.

Councilman Hicks stated that Craig Tschetter was the property owner, and when he visited the property this date he found it to be spotless. Tom Manko would be running the operation and the board members had received letters of recommendation from Exxon Mobil and Donald Wegner, Zoning Inspector for the Town of Cheektowaga. Councilman Hicks was familiar with Mr. Manko’s business at French Road and Borden Road and he felt that it would be an asset to the West Seneca community.

No comments were received from the public.

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

Motion by Supervisor Clark, seconded by Councilman Hicks, to approve the request for a special permit for property located at 4560 Clinton Street, being part of Lot No. 333, changing its classification from M-1 to M-1(S), for light automotive repair with the following stipulations: 1) the area of the special permit be reduced from the area shown in the application to an area within 395 feet of the centerline of Clinton Street (This would draw a line through the property just north of the third bay. Automotive use would be permitted in this area, but no expansion would be allowed beyond the third bay.); 2) the special permit is limited to general automotive maintenance and repair to be performed within the north structure of the premises, excluding any collision work, painting, and exterior storage of automotive parts or supplies; 3) no new lights should be directed toward any of the neighbors; 4) hours of operation to be limited to 6 A.M. thru 9 P.M.; 5) a fence of the same style as the existing fence be continued from the existing fence north to the end of the paved parking lot shown on the plot plan (This should take the fence about 10 to 15 feet beyond the north end of the existing building and approximately 60 feet beyond the area that the special permit applied to.)

*APPENDICES*

11-C    COMMUNICATIONS

1.   Supervisor Clark re Title change for Building Inspector & Asst. Building Inspector

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the title of Building Inspector to Code Enforcement Officer and Assistant Building Inspector to Assistant Code Enforcement Officer and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that these title changes do not have any affect on the employees’ Civil Service status or seniority.

2.   Supervisor Clark re YMCA 5K Run

Motion by Councilman Osmanski, seconded by Councilman Graber, to grant permission for the YMCA to hold a Family Fun 5K Run on October 16, 2004 at 10:00 A.M. on designated streets in the Town of West Seneca.

3.   Town Engineer re Architectural services for rear stairs at Town Hall

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the proposal from Fontanese, Folts, Aubrecht, Ernst and Bammel Architects, P.C. for a total fee not to exceed $9000 for professional architectural services required on the Town Hall Rear Stairs Replacement Project, Job No. T-0407, noting that the services provided would include complete plans, specifications and other bidding and construction administration services.

4.   Town Engineer re Appraisal services for Leydecker Road Reconstruction Project

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the proposal from Emminger, Hyatt, Newton & Pigeon, Inc. in the amount of $7900 for four real estate appraisals for the Leydecker Road Reconstruction Project, Job No. L-0404, noting that the appraisals are for four right-of-way takes required in realigning and reconstructing Leydecker Road.

5.   Town Engineer re Chamberlin Drive Revitalization Project, final change order & acceptance

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve final change order for Occhino Corporation, 2650 Seneca Street, West Seneca, for a net deduct of $11,212.83 and accept the Chamberlin Drive Revitalization Project, Job No. C-0303 at a final contract amount of $177,488.17.

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.

11-C    COMMUNICATIONS

6.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $12,121.78 to Siewert Equipment Co., Inc. for replacement of two (2) Gorman pumps.

7.   Highway Supt. re Title change for William Zawieruszynski to Heavy Equipment Operator

Motion by Supervisor Clark, seconded by Councilman Graber, to terminate William Zawieruszynski as Motor Equipment Operator and appoint William Zawieruszynski as Heavy Equipment Operator, Step 5, Group 5, at a rate of $20.05 per hour effective August 9, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.   Highway Supt. re Title change for Jason Hobot to Highway Laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Jason Hobot as Sanitation Motor Equipment Operator and appoint Jason Hobot as Highway Laborer, Step 1, Group 1, at a rate of $18.10 per hour effective August 9, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Highway Supt. re Title change for Jeff Swing to Highway Laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Jeff Swing as Sanitation Laborer and appoint Jeff Swing as Highway Laborer, Step 1, Group 1, at a rate of $18.10 per hour effective August 9, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

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

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a military leave of absence for Darryl Seibert effective June 21 – June 26, 2004 and July 19 – 23, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Highway Supt. re Military leave of absence for William Geary

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a military leave of absence for William Geary effective July 26 – August 14, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11-C   COMMUNICATIONS

12.   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:

Superior Pallets (playground safety surface material)      $1750.00
Cyncon Equipment, Inc. (pump)                $1716.86
Buffalo Tractor & Implement Co., Inc.             (tractor repairs) $2867.92

13.   Chief Gehen re Bid award for radio tower

Motion by Councilman Osmanski, seconded by Supervisor Clark, to table the bid award for the radio tower.

14.   Chief Gehen re Public hearing for 2004 Local Law Enforcement Block Grant Program

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for Monday, September 20, 2004 at 7:30 P.M. to discuss the 2004 Local Law Enforcement Block Grant (LLEBG) Program, noting that the Town of West Seneca is eligible for a direct award of $12,209 with a local match of $1357.

15.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2148.75 to Synchronet Industries, Inc. for computer support services.

16.   Town Justices re Termination of Kathleen Tallman as Clerk to Town Justices

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Kathleen Tallman, 70 Duchess Drive, as Clerk to the Town Justices effective July 23, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.   Town Justices re Resignation of Diane Suter as part-time clerk

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Diane Suter and terminate her as part-time Clerk effective August 3, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11-C    COMMUNICATIONS

18.   Recreation Director re Appointment of Kimberly Butts as Lifeguard/Instructor

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Kimberly Butts, 30 Wedgewood Drive as Lifeguard effective June 28, 2004 and appoint Kimberly Butts as part-time seasonal Lifeguard/Instructor, Step 1, effective June 28 – September 18, 2004 at a rate of $6.45 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.   Recreation Director re Step change for Recreation Attendant Stacey Czerniejewski

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a step change for Recreation Attendant (Leader) Stacey Czerniejewski, 67 Iris Avenue, effective June 28, 2004 and set her rate of pay at Step 3, $5.95 per hour, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

20.   Recreation Director re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2043 to West Seneca Girls’ Softball Association for umpire fees.

21.    Senior Citizens Supervisor re Status change for Van Driver James Pjontek to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Going Places Van Driver James Pjontek, 112 Woodcrest Drive, to part-time seasonal effective August 2 – December 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11-D    REPORTS

·  William P. Czuprynski, Building Inspector’s report for June 2004 & Plumbing Inspector’s report for May & June 2004 received and filed.

ISSUES OF THE PUBLIC

PROPOSAL TO RENAME KNOX PLAYGROUND TO SWITZER PARK

John Rusinski, 37 Fernwood Avenue, stated that this year marked Winchester Fire Company’s 100th anniversary, and one of its members, Stan Switzer, would be celebrating his 75th anniversary as a member. Mr. Switzer was still very active in the fire company and served as Deputy Treasurer. Mr. Rusinski stated that the Fire District commissioners unanimously agreed on a proposal to change the name of Knox playground to Switzer Park, and they were in the process of circulating petitions in the neighborhood for support of their proposal. They hoped to submit the petitions to the September 20th Town Board meeting. Mr. Rusinski noted that Mr. Switzer’s 75 years with the fire company was not the only reason they were proposing this change. Mr. Switzer was a pillar citizen with a lot of character.

PROBLEMS OF THE PUBLIC

FLOODING PROBLEM ON ROUND TRAIL ROAD

A resident of Canterbury Trail represented her mother who lives on Round Trail Road and stated that she had been experiencing water problems in her back yard since her neighbor built a shed on their property. For 26 years her mother’s property was dry and she was able to plant a garden, but now the back yard was too wet. Ron Pfeil of the Engineering Department visited her mother’s home to look over the situation and informed her that she needed drainage tile to eliminate the water. The resident did not believe that Mr. Pfeil’s decision was fair since there was no water problem prior to the shed being built.

Councilman Hicks stated that Mr. Pfeil filed a report on this matter and it was his determination that the neighbor’s shed did not cause a water problem.

The resident disagreed with Mr. Pfeil’s report and stated that the only thing that changed was the addition of a shed, and since that was built her mother’s property was wet. The resident did not believe her mother should be responsible for installing drain tile to correct the problem.

Supervisor Clark directed Town Engineer George Montz to review Mr. Pfeil’s report and report back to the board.

Mr. Montz responded that he had already reviewed the report and Building Inspector William Czuprynski had also looked at the situation. The resident was claiming that the stone added behind the shed caused the problem. Mr. Czuprynski and Mr. Pfeil both agreed that the stone was not blocking any water or causing it to flow onto the resident’s property. The rear yards on Heritage Farm Road were graded the same as they originally were and it was their opinion that nothing had changed.

Mr. Czuprynski stated that the neighbor’s property to the west was considerably higher than her mother’s. The natural runoff was down the hill, across her mother’s property, and out to the road.

The resident questioned if the Building Department visited the site when a building application was obtained for a shed.

Mr. Czuprynski responded that his department did not inspect sheds or fences after a building permit was obtained.

Supervisor Clark suggested that the resident meet with the board members, Mr. Montz & Mr. Czuprynski after the meeting and set up a time for them to go and look at the problem once more.

RESIDENT COMMENTS ON FIREWORKS ON MEMORIAL DAY

Bill Glair, 92 Parkside Drive, questioned if the Town Board had authorized fireworks on Memorial Day, and noted that Memorial Day was a day of honoring, not a day of celebration. He was not certain where the fireworks were coming from, but thought that it was either Southgate Plaza or the soccer complex.

Supervisor Clark responded that he did not believe the Town Board had authorized any fireworks on Memorial Day, and although there might have been some in the area, the Town Board was unaware of it.

PROBLEMS OF THE PUBLIC

SEWER PROBLEM ON PHYLLIS DRIVE & BERNICE DRIVE

David Wozny, 33 Phyllis Drive, commented on the inadequacy of the sanitary and storm sewers on Phyllis Drive and Bernice Drive. He had sewage in his basement five times in the last year and asked that something be done to stop this problem.

Town Engineer George Montz stated that his department had not found any obstruction in the sewer lines in that area of town. He suggested that the problem might be caused by the extremely wet weather this year and noted that the recent storm was very intense and 1½ inches of rain fell within a few hours. With the ground saturated, the water ran over land and into the streets and infiltrated the sanitary sewers.

Supervisor Clark suggested that Mr. Montz do some investigative analysis work such as televising the lines and checking the manhole grades to see if some of them needed to be raised. He also understood that some of the laterals were older and their connections leaked causing additional ground water infiltration.

Mr. Montz agreed and stated that a problem often occurred in basements with showers, toilets or floor drains.

Councilman Graber noted that about 30 percent of the infiltration came from old service laterals. He questioned the general condition of the main trunk line as it related to Phyllis Drive and whether they should consider re-lining it.

Mr. Montz responded that they were concentrating on the Orchard Park Road mini trunk system, but they had done some lining in the Phyllis Drive area. The trunk sewer that ran along the small creek was suspect for infiltration, so that was lined from Mill Road up to Union Road.

Town Attorney Tim Greenan stated that within the next month his office and the Engineering Department would be putting out a request for proposals for engineering services to conduct an inflow and infiltration study to reduce the wet weather flows in Sewer Districts #5 & #13. A complete analysis of the sanitary sewer would be done including pipe sizes, slopes, pipe conveyance capacities, ways of monitoring the flow at locations during wet and dry weather, etc.

Mr. Wozny stated that with the storm on July 27th there were at least 15 houses that had water coming up due to the storm sewer. The Highway Department came out and checked the manholes and said everything was fine.

Mr. Montz stated that if anyone had problems with backup in their basement, someone from his department would stop out and look at the plumbing in the basement and try to advise them. It could be a simple solution such as a gate valve.

NOISE AT SOCCER COMPLEX

Frank Russo, 38 Parkside Drive, commented on the noise from the soccer complex disturbing the Parkside Drive neighborhood. He noted that recently the Buffalo Niagara Soccer Club had their tryouts at the soccer field and the Town of Cheektowaga used the soccer complex for their tournament. This was exactly opposite of what the residents were told when the soccer complex was originally proposed. It was supposed to be for the children of West Seneca and used only from May thru August. Mr. Russo understood that the fall of the year would be even busier at the soccer complex than the summer because the Buffalo Niagara Soccer Club was now involved in it. The schools would also be using the soccer fields again this fall.

PROBLEMS OF THE PUBLIC

NOISE AT SOCCER COMPLEX    (continued)

Supervisor Clark stated that the soccer complex was a recreational park for youth soccer and there were no guarantees made as to the dates of use.

Mr. Russo further referred to a freedom of information (FOIL) request he had submitted to the Town Attorney’s Office five weeks ago and stated that he had not heard anything yet.

Town Attorney Tim Greenan responded that when his office received a FOIL request the information was sent out immediately if it was something that was readily available. If the information was not readily available, a letter would be sent to the individual making the request advising that the information would be provided within 30 days.

Mr. Russo stated that his request was for information about the ice rink and the budget. He noted that if the budget were more detailed, he would not have had to request the information. Mr. Russo further commented on the proposed recreational facility on Clinton Street and referred to a recent article in Business First on another facility proposed for Tonawanda. Mr. Newman of NOCO Oil was building a three-rink complex in Tonawanda at a cost of $12 million, privately funded. The Supervisor of Tonawanda was encouraging the project, but commented that the town was not in any position to help financially. Mr. Russo had also spoke with Supervisor Giza of Lancaster regarding the recreational facility that was proposed for that town. Supervisor Giza advised that he had met with the developer a few times, but was not interested when the developer requested financial assistance from the public in the amount of $38 million. After that, the developer turned to West Seneca with his proposal. Mr. Russo suggested that the board members pay attention and did not believe that the Town Board should burden the taxpayers with a $40 million project.

William Glair, 92 Parkside Drive, stated that he had attended the initial meetings on the soccer complex years ago and former Councilman Jerry Hicks had stated that the soccer complex would be strictly for West Seneca youth, about 200 to 300 young people. Mr. Glair thought that the people using the soccer complex were out of control. He commented on the adults using the fields for a rest room and their rudeness to the residents of Parkside Drive.

FOIL REQUEST ON BOARD MEMBERS’ SALARIES

Dale Clarke, 379 Indian Church Road, stated that in February 2004 he had requested information on the wages and benefits of the Town Board members, but he still did not have all the information he had asked for. Mr. Clarke referred to the Freedom of Information law and stated that he should have received the information within 20 days. With regard to the information he had received, Mr. Clarke questioned whether Supervisor Clark was receiving two salaries from the Town of West Seneca.

Supervisor Clark responded that there were two components to his salary. He received a salary as Supervisor and a salary for Budget Officer. This was consistent with other towns and was the same in West Seneca for 30 – 40 years.

PROBLEMS OF THE PUBLIC

FOIL REQUEST ON BOARD MEMBERS’ SALARIES    (continued)

Town Attorney Tim Greenan stated that under the Freedom of Information law, the town was required to provide any documents that existed, but they did not normally have to create documents. Documentation as to the Town Board members’ salary was all in the Organizational Meeting each year. The salary for various job titles was outlined along with the benefits they were entitled to. Mr. Clarke requested more particular details concerning the dollar amounts and was specifically interested in the health insurance and pension contributions. The document that Mr. Greenan provided Mr. Clarke with was not a document that existed. In order to get the health insurance information, Mr. Greenan would have had to give Mr. Clarke a copy of the town’s total health insurance bill for every employee. Mr. Greenan asked the Comptroller’s Office to prepare a spreadsheet listing each of the board members’ names and their health insurance benefit. Mr. Greenan noted that Supervisor Clark’s amount for health insurance was higher than that of the other board members because the other board members did not take the health insurance package. Instead they received an in lieu of payment in accordance with the collective bargaining agreement.

RADIO TOWER AT TOWN HALL

Christin Labruna, 532 Main Street, thanked Councilman Osmanski and Councilman Graber for taking the time to visit her home and look in the back yard where the proposed radio tower might be located and review the other site. Ms. Labruna referred to the council seat that was vacant and up for election in the fall and questioned if the other board members were up for re-election and whether Supervisor Clark’s position was vacant since he was running for Congressman.

Supervisor Clark responded that the vacant council seat was the only position on the ballot this year. If he were successful in his run for Congress, the Supervisor’s seat would be vacant effective January 1, 2005. If he were not successful, his term would end on December 31, 2007.

Ms. Labruna stated that she had submitted a freedom of information request to the Town Attorney’s office and had received some of the information, but was still waiting for geotechnical information on both tower sites, the SEQR short form EAF, and the calculated radio frequency emissions.

Town Attorney Tim Greenan stated that the information Ms. Labruna requested was either in Chief Gehen’s office or with FM Communications and he would forward it to her as soon as he received it from them.

Councilman Graber noted that the radio frequency was under the auspices of the FCC.

Ms. Labruna agreed but stated that anyone building a tower was required to determine the radio frequency emissions and submit it to the FCC.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PURCHASE OF TWO DUMP TRUCKS WITH PLOWS

Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize Highway Supt. Pat Finnegan to purchase two dump trucks with plow equipment off the state contract not to exceed $200,000.00, noting that funds are available under the 2004 equipment bond.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BID AWARD FOR LEASED VEHICLE FOR YOUTH DIRECTOR

Motion by Councilman Hicks, seconded by Supervisor Clark, to award the bid for a 2004 Ford Explorer XLS for Youth Director Mark Lazzara to Jim Doyle Ford, 3330 Delaware Avenue, Kenmore, NY 14217 at their low monthly lease amount of $320.

SIGNING AUTHORITY FOR YOUTH BUREAU & AMERICORPS

Motion by Councilman Hicks, seconded by Councilman Graber, to grant signing authority to Elizabeth J. Simons, AmeriCorps Strategic Planning Coordinator, effective August 10, 2004 and authorize her to approve West Seneca Youth Bureau and AmeriCorps payroll and Town of West Seneca and AmeriCorps vouchers in the absence of Youth Director Mark Lazzara and Dan Frontera.

WOODEN BARRIERS ALONG THRUWAY AT KLAS AVENUE

Councilman Graber referred to the Klas Avenue residents’ request for a wooden barrier along the NYS Thruway and stated that in 1997 the NYS Thruway Authority enacted the noise abatement program and put $15,000 into the program. This expired in 2003, but they recently implemented a thruway wide noise barrier prioritization study where they prioritized the various noise levels along the thruway corridor. Klas Avenue was 19th out of 44 areas. Councilman Graber requested that Town Engineer George Montz forward a letter to the Executive Director of the NYS Thruway Authority asking him whether there was new funding for actual construction of the barriers. If there was new funding, Councilman Graber wanted to know how much, how long the program would last, and if they intended to perform the construction relative to the noise barrier prioritization study.

PUBLIC SERVICE COMMISSION TO CONDUCT AUDIT OF ADELPHIA

Motion by Councilman Graber, seconded by Councilman Hicks, to request the Public Service Commission of the State of New York to conduct an audit of Adelphia Communications financial records to determine its level of compliance with the compensation terms in the franchise agreement with the Town of West Seneca.

On the question, Councilman Graber stated that every municipality had received information from outside consultants asking to be hired to go after potential money that was owed to them. Troyan Banks negotiated a settlement with Adelphia for the Town of Cheektowaga in the amount of $220,000.00, but the Town of Cheektowaga only received $110,000 because Troyan Banks kept the remainder. Councilman Graber did not believe that West Seneca should hire an outside consultant for this, and the intent of his motion was to have an audit done but keep all the money that was owed to West Seneca by Adelphia.

TOWN BOARD MEETING DATE CHANGED

Supervisor Clark announced that the Town Board meeting for September was changed from the 13th to the 20th.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PUBLIC HEARING ON APPRENTICESHIP PROGRAM FOR CERTAIN CONTRACTS.

Motion by Supervisor Clark, Councilman Osmanski, to schedule a public hearing for Monday, September 20, 2004 at 7:30 P.M. with respect to consideration of the Town of West Seneca establishing a requirement for an apprenticeship program for certain contracts to be awarded by the Town of West Seneca.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:15 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK