The regular order of the agenda was suspended to allow a representative of the West Seneca Youth Hockey Association to address the Town Board.

Jim Clouden of the West Seneca Youth Hockey Association commented on the need for ice rinks for the children of West Seneca and noted that it had been a problem for many years. There was not enough ice time available to support the number of children and they had to travel to facilities in Canada to allow them to skate. The hockey association understood that if a new ice rink were built it would cost them more and they accepted that. Mr. Clouden stated that in 2000-2001 he was part of a committee that approached the Town Board and asked that they put together a proposal for an ice rink. The Town Board responded by stating that if something was proposed that was at zero cost to the taxpayers they would take a look at it and support it. The West Seneca Youth Hockey Association was in favor of the facility being studied for Clinton Street or any other location in West Seneca and asked that the Town Board seriously consider it. Mr. Clouden thought that the new facility would enhance home values and business values and bring more business to the town. He stated that there was no secret deal or behind the scenes working with the West Seneca Hockey Association or the Town Board. The West Seneca Hockey Association was very quiet about the issue because if they openly supported the proposed project it could cost them ice time at other facilities in Western New York. Mr. Clouden understood the Clinton Street residents’ concerns, but asked that the Town Board review the project and make the right decision as to the best location for the facility.

13-B LEGAL NOTICES

1.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING REGARDING THE USE OF COMMUNITY DEVELOPMENT FUNDS” in the Town of West Seneca, be received and filed.

13-B   LEGAL NOTICES

1.    (continued)

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

Supervisor Clark stated that each year the federal government allowed a certain amount of money that could be channeled only for very strict, limited purposes. The Town of West Seneca had contracted with the County of Erie and with a consortium of other towns and villages to spend the funds. Three separate pools of money were available to be spent on economic development, housing for people to repair and fix their homes in the poorer sections of town and for first time homebuyers, and eligible projects within the town. The consortium would meet and based on the quality of a project decide what would be funded. In the past, the town had done a lot of road reconstruction in the city line area and handicapped curb cuts throughout the town. Supervisor Clark asked for suggestions from the public for use of these funds.

Gary Mackiewicz, 50 Lakeside Drive, questioned the total amount of money available.

Supervisor Clark responded that the Town of West Seneca generally put in for three projects. They might win one or two, and on rare occasions, all three projects. The dollar limit per project was $90,000 and it had to be in certain census tract areas that were lower income or something solely devoted to the disabled, youth, or senior citizens.

Mr. Mackiewicz questioned if the funds could be used for a hockey rink or a police station.

Supervisor Clark responded that the money could not be used for a hockey rink or a police station.

Sandy Krawczyk, 2965 Clinton Street, stated that her mother lives on Wildwood Avenue in the city line area and had called the town on several occasions because the roots from the trees that were planted 7 to 8 years ago were lifting the sidewalks. The sidewalks had become a hazard to pedestrians and she suggested that the town take an active role in this issue instead of telling the residents that it was their responsibility.

Supervisor Clark directed Town Engineer George Montz to do a survey of the sidewalks on Wildwood Avenue. He questioned where Wildwood Avenue was on the schedule of streets to be reconstructed.

Mr. Montz thought that Wildwood Avenue had been reconstructed 15 to 16 years ago, but he would check town records.

Michael Machnica, 195 Lexington Green, questioned if the funds could be used for sidewalks along older roads in the community that did not have them, such as Indian Church Road and Mineral Springs Road. There were many sections of these streets that did not have sidewalks and it was hazardous to pedestrians, especially after dark.

Supervisor Clark stated that Indian Church Road was a county road and the town could only apply for funds for town roads. They had asked the county to do a master plan study of the sidewalks and approaches on county roads, but the town would not be able to apply for funding for this work. Supervisor Clark directed Mr. Montz to speak with Erie County Highway Director Sickler and find out if they had any plans for Indian Church Road or Mineral Springs Road.

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

13-B    LEGAL NOTICES

1.    (continued)

Motion by Supervisor Clark, seconded by Councilman Hicks, that the Town of West Seneca apply for HUD funding for projects in the following order: 1) addition of a fitness project and handicapped accessibility at the senior citizens complex - $90,000 maximum; 2) sidewalks and curbs for Dorr Avenue - $90,000 maximum; 3) sidewalk reconstruction on Wildwood Avenue - $90,000 maximum.

On the question, Councilman Graber suggested that the town ask for partial funding on Wildwood Avenue. If they could not receive funding to replace all the sidewalks, partial funding would help to repair the sidewalks where the damage was the worst.

Supervisor Clark stated that the motion was worded for a maximum of $90,000. If the engineering estimate was less than that they would reduce the amount.

Town Attorney Tim Greenan noted that the senior citizens project did not only involve fitness, it involved handicapped accessibility. A portion of the building was not accessible to handicapped persons, so a large portion of the funds would be dedicated to handicapped accessibility and updating the building to come into compliance with the NYS Building Code.

2.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2884 RIDGE ROAD, BEING PART OF LOT NO. 157, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A RESTAURANT” in the Town of West Seneca, received and filed.             (Lauer-Manguso & Associates)

3.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 BULLIS ROAD, BEING PART OF LOT NOS. 373 & 374, CHANGING ITS CLASSIFICATION FROM M-1 TO R-65, FOR A RESIDENTIAL HOME” in the Town of West Seneca, received and filed.             (Margaret Jeziorowski)

13-C   COMMUNICATIONS

1.   Supervisor Clark re Engagement for advisory services on proposed sports complex

This item was to be addressed under the “Issues of the Pubic” portion of the meeting.

2.   Supervisor Clark re Apprenticeship program

Motion by Supervisor Clark, seconded by Councilman Graber, to adopt the attached resolution establishing an apprenticeship program, as authorized by Section 816-b of the New York Labor Law, that will be necessary for contractors with certain construction contracts with the Town of West Seneca.

On the question, Supervisor Clark commented on the need for bona fide apprenticeship programs in certain construction contracts in the Western New York area. There was a movement to increase and strengthen job training and one of the by-products was less cost for construction because the apprentice earned a lot less. It also helped to regulate and keep good, responsible contractors in business in Western New York. Supervisor Clark thought it was time for West Seneca to join other communities like Hamburg, Cheektowaga, Lackawanna and the City of Buffalo that required apprenticeship programs in their contracts.

13-C   COMMUNICATIONS

2.   Supervisor Clark re Apprenticeship program   (continued)

Councilman Osmanski stated that he was opposed to this program and had not seen any documentation as to it saving money for the towns. He thought it would only cost more money to have the government involved. Whenever the town put a project out for bid, it always cost at least twice as much as someone in the private sector because of the restrictions and paperwork, and this would be an additional program the contractors would be burdened with. Councilman Osmanski did not believe the apprenticeship program would result in a better job because the town Engineering Department did their job and ensured that the contractor followed the specifications and did a quality job. He noted that the other towns that adopted this had a Democratic majority on their board and it was obvious that the unions who were requesting this targeted certain Town Boards. Councilman Osmanski did not see the merit in this program.

Supervisor Clark disagreed and stated that Hamburg Supervisor Pat Hoak informed him that since they approved the provision in December 2002, the town saved thousands of dollars on three contracts that it bid out last year. There was a clear savings in the cost of labor and it encouraged companies to train young people to stay in the construction trades and remain in Western New York. Supervisor Clark thought that this was a good thing for the town and did not believe it would be harmful because the town could suspend the provision with good reason.

Councilman Osmanski commented that the cost of doing business drove young people away and this was one more item that drove the cost of business up.

Supervisor Clark responded that there was no reason to think that this provision would drive the cost of contracts up, and if he thought it would he would not have proposed it.

3.   Supervisor Clark re Tax exempt status for City of Lackawanna property

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant the request of the City of Lackawanna for tax-exempt status on city owned property SBL.142.20-6-14 located in the Town of West Seneca.

4.   Supervisor Clark re W.S. West Senior High Homecoming Day parade

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission for West Seneca West Senior High School to hold their Homecoming Day Parade on Friday, October 15, 2004 beginning at 5:30 P.M. on designated streets in the Town of West Seneca.

5.   Supervisor Clark re Halloween Parade

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Southgate Plaza, in cooperation with the West Seneca DECA Organization, to host the annual Halloween Parade on Sunday, October 24, 2004, noting that assembly will be behind the West Seneca Town Hall at 11:15 A.M. with the parade starting at noon sharp.

13-C   COMMUNICATIONS

6.   Supervisor Clark re Designation of Halloween

Motion by Councilman Osmanski, seconded by Councilman Graber, to designate Sunday, October 31, 2004 between 6:00 P.M. and 8:00 P.M. as the official night for trick-or-treat, noting that residents are asked to please leave their porch lights on to provide lighting and safety for the children and drivers are urged to use extra caution.

7.   Town Attorney re Endorsement of Buffalo Airfield grant application

Motion by Supervisor Clark, seconded by Councilman Osmanski, to designate the Buffalo Airfield project outlined on the attached resolution as a Type II action under SEQR and issue a Negative Declaration, and adopt the attached resolution endorsing the Buffalo Airfield project.

*APPENDICES*

8.   Town Engineer re Additional surveying services for Cazenovia Creek ice control structure

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve an additional “not to exceed” amount of $2500 for TVGA Consultants for additional surveying services required for easement surveying and mapping on the Cazenovia Creek ice control structure as requested by the Army Corps of Engineers.

9.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $4616 to Nichols, Long & Moore Construction Corp. for sewer restoration work.

10.   Highway Supt. re Bid for various equipment

Received and filed.

11.   Highway Supt. re Purchase of four (4) pickup trucks & one (1) cargo van off state contract

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of four (4) pickup trucks and one (1) cargo van off the state contract from Hoselton Chevrolet Inc., 909 Fairport Road, East Rochester, NY 14445 as follows:

12.   Highway Supt. re Bid date for purchase of emergency generator

Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of October 25, 2004 at 10:00 A.M. for receipt of bids on the purchase of an emergency generator for the Highway Department.

13-C   COMMUNICATIONS

13.   Highway Supt. re Title change for Thomas Reese II to Auto Mechanic

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Thomas Reese II as Laborer and appoint Thomas Reese II as Auto Mechanic, Step 5, at a rate of $21.01 per hour effective October 11, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Highway Supt. re Appointment of two (2) laborers in Sanitation Department

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint John Kelly and Phillip Stephan as Laborers in the Sanitation Department at a rate of $14.43 per hour effective October 11, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Highway Supt. re Appointment of Gerald Mingle as part-time laborer at Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Gerald Mingle as part-time laborer in the Buildings and Grounds Department to work at the Ice Rink at a rate of $6.50 per hour effective October 11, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.   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:

17.   Chief Gehen re Extension of military leave of absence for Officer Timothy Pratt

Motion by Councilman Osmanski, seconded by Councilman Hicks, to extend the military leave of absence granted to Officer Timothy Pratt from October 1, 2004 through September 30, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13-C    COMMUNICATIONS

18.   Chief Gehen re Status change for Senior Clerk Melissa Hender to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Senior Clerk Melissa A. Hender to part-time seasonal effective October 15, 2004 through March 15, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.   Chief Gehen re Status change for Public Safety Dispatchers to part-time seasonal

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of the following part-time Public Safety Dispatchers to part-time seasonal effective October 1 – 31, 2004:

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

20.   Chief Gehen re Attendance of Officer Edward Baker at Vehicle Energy/Crush Defamation School

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Officer Edward Baker to attend the Vehicle Energy/Crush Defamation School in Richfield, Ohio, October 12 – 15, 2004 at a cost not to exceed $780.

21.   Town Clerk re Topsoil removal permit for Watkins Motor Lines project

Motion by Councilman Osmanski, seconded by Councilman Hicks, to issue a topsoil removal permit to C. Destro Development Co., Inc. for the Watkins Motor Lines project located in North America Center, noting that 4400 cubic yards will be removed from the project and 6300 cubic yards will be stockpiled, of which 1900 cubic yards will remain on site for establishing turf and final dressing on this project.

22.   Recreation Director re Termination & appointment of part-time Recreation Attendants

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Philip Barrett and Sarah Galli as part-time Recreation Attendants effective September 19, 2004 and appoint the following as part-time seasonal employees effective October 8, 2004 through May 31, 2005:

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

13-C    COMMUNICATIONS

23.   Senior Citizens Supervisor re Status change for Food Service Helper J. Edie to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Food Service Helper June Edie to part-time seasonal effective October 12, 2004 through March 11, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13-D    REPORTS

ISSUES OF THE PUBLIC

PROPOSED SPORTS COMPLEX ON CLINTON STREET

Councilman Osmanski stated that a number of town residents expressed their thoughts and feelings on the ice rink project, both in favor of it and against it. He understood the Clinton Street residents’ concerns and thought they were legitimate, but those residents were also concerned about the kids who wanted to play hockey and they wanted to help them find the proper location. The Friends of the Buffalo River suggested alternative sites, and the developer also invited people to propose alternative sites. Councilman Osmanski thought that everyone wanted to work to help the kids who wanted to play hockey, but because of the way the project came about everyone was working against each other. He suggested that the different groups get together and form a working group that would seriously sit down and look at other sites to try to find a home for the hockey rink in this town. The developer did what he thought he could do privately, but he could not make the Seneca Mall site owners sell him that site. The Town Board had powers above and beyond any private developer that they could bring to the table. They could use their authority to make it happen if they found the right project and the right site. Working through the town, they could go to the state and federal government and tell them that they had a project that was right for the kids of West Seneca and the town itself and ask for their help. Councilman Osmanski thought that if they worked together they could find the right location for the project. He invited the residents, the developer, the Friends of the Buffalo River, the Concerned Citizens Group, and the hockey parents to cooperatively work with the Town Board to move the project in the right direction. Councilman Osmanski stated that the item on the agenda regarding the town hiring an engineering firm was only so they could review what the developer’s engineering firm was saying. If the developer made a proposal, as part of the SEQR process, the developer could be required to pay for the town’s engineer. They were trying to be proactive and have someone on hand from the beginning. The engineering firm would be hired on an hourly basis, so if the project was never proposed, they would not have to pay anything. Councilman Osmanski stated that there was still concern over the Clinton Street parcel, even if the project was not built there. The Town Board had put out some thoughts in the draft Master Plan and in 1999 the Technical Advisory Committee identified it as a unique parcel. Councilman Osmanski suggested that if they moved away from the Clinton Street site for this project, they do something with the property permanently so they would not have a problem in the future.

Councilman Graber stated that a lot of attention was focused on the site, but the financial aspects of the project concerned all West Seneca taxpayers, not just the people of Gardenville.

ISSUES OF THE PUBLIC

PROPOSED SPORTS COMPLEX ON CLINTON STREET    (continued)

Supervisor Clark stated that he probably started this issue when he filed a SEQR for the project, but he did not regret doing that because he thought that once the project was identified and it was clear there was a proposal coming, it should be made public. He hoped that the Town Board could work together with the residents with good, positive energy.

Sandra Krawczyk, 2827 Clinton Street, commented on the proposal for advisory services and questioned why the town should write an open check for a proposal that was not there.

Supervisor Clark responded that any costs incurred for the engineering firm would be charged back to the developer. If there was no proposal, there would be no charges.

Mrs. Krawczyk suggested that the item regarding advisory services be suspended until such time as a proposal was submitted.

Councilman Osmanski thought it was better for the town to be prepared, but stated that he would listen to the residents. If and when a proposal was made, there were certain deadlines with regard to SEQR and Lead Agency status and they wanted to be sure they had someone on hand to advise them properly.

Dick Lynch, 12 Nina Terrace, stated that he was President of the West Seneca Youth Hockey Association and they welcomed the opportunity to work with any group that the town formed concerning the hockey rink. They did not care where or how the ice rink was built, but their needs were present. Mr. Lynch asked the Town Board to help them fulfill their needs.

Don Grasso, 64 Lexington Green, stated that the proposed project was never an ice rink project, it was for a 10,000 seat arena and that would not help kids playing youth hockey. Mr. Grasso had nothing against kids playing youth hockey and understood that they needed a new ice rink, but he suggested that they build a new town ice rink and forget about the proposed arena.

Evelyn Hicks, 276 Seneca Creek Road, stated that she was against building anything on Clinton Street and suggested that the Town Board adopt a policy to protect green space, farmland, creeks, streams, and rivers throughout the town starting with the Clinton Street site. She wanted to ensure that the citizens’ group coalition would not be confused with the scoping group if and when the project was presented.

Councilman Osmanski stated that the citizens group and the scoping group would be two different groups. He simply wanted all the individual groups with a common interest to work together.

Mrs. Hicks further stated that the Concerned Citizens Group was studying the draft Master Plan and they were interested in looking at the proposed ice rink and the parcel on Clinton Street. She suggested that it be part of their discussions.

Councilman Osmanski commented that the Master Plan was a wide look at an individual parcel, not a specific look. The Master Plan was about what worked for a neighborhood. He wanted the working group to concentrate on the parcels on Clinton Street and specifically do something with them.

Mrs. Hicks stated that there were many alternatives that would provide the property owner with the money they wanted for the property, other than developing it.

Supervisor Clark noted that the property was privately owned and he understood it was in the hands of a family member who was motivated just to sell it.

ISSUES OF THE PUBLIC

PROPOSED SPORTS COMPLEX ON CLINTON STREET    (continued)

Cynthia Jacobs, 2805 Clinton Street, referred to Section III on Page 3 of the Master Plan, which stated that there were discussions of a major recreational facility to be built in the Clinton Street area west of Gardenville. Under the permitted uses and restrictions were tourism related businesses such as hotels, motels, sit-down restaurants, and commercial recreational use such as indoor/outdoor sports facilities, with the provision that no motorized vehicles (i.e. race tracks, go kart tracks) shall be allowed. Ms. Jacobs did not see how an arena fit in with the comprehensive guide in an agriculture location.

Councilman Osmanski stated that right now the property was zoned for manufacturing. Within a commercial district there was a wide array of uses that would be allowed.

David Swift, 3089 Clinton Street, stated that he agreed with Councilman Osmanski’s earlier comments about working together and had spoken to a number of people involved in hockey in West Seneca. They informed him that they would be happy with one additional ice surface in town, and Mr. Swift thought that this would make everyone happy.

David Monolopolus, 97 Lexington Green, noted that it was stated that the project should be of low intensity, but he did not believe that an 80 foot tall building holding 10,000 people was low intensity. Mr. Monolopolus also did not believe the fire company could protect or service this many people. He further questioned the Canisius High School proposal and if it was part of the hockey arena proposal.

Supervisor Clark responded that he understood the Canisius High School proposal was a totally separate and independent project. The property was properly zoned for their proposal and they intended to locate there.

Mr. Monolopolus stated that the residents did not want or need an outside contractor telling them what to do in West Seneca. The residents wanted the town to rezone the property on Clinton Street, try to obtain it either publicly or privately, and to secure the property as green space forever. They did not want any buildings on it, restaurants, mega rinks, or Canisius High School. Mr. Monolopolus referred to the Pepsi Center project and noted that it was losing money since it was first built. The town was subsidizing $1.3 million each year out of their tax money to keep the rink going. He suggested that the Town of West Seneca talk with representatives from Pyramid and see if they could put two new ice rinks at the former Seneca Mall site. Also, try to secure a long-term lease with Pyramid in return for some property abatement in the general area so they could support the rink with hotels, motels, and new restaurants. Maybe then some of the properties on Ridge Road would be interested in investing more money to enhance their property. Mr. Monolopolus further suggested that they remove the refrigeration equipment from the town ice rink and use it in one of the new rinks. Then they would only have to buy equipment for one of the new rinks, and the former ice rink could be converted into a new Police Department.

Councilman Graber understood that the town would not be able to use the refrigeration system at the existing ice rink for a new ice rink because it was contaminated with the old refrigerant.

Mr. Monolopolus disagreed and stated that he was in the refrigeration business and the existing system would be able to be used in a new rink.

Mr. Swift stated that the developer, Mr. Savarino, informed him that Canisius High School would be using his locker rooms, shower space and parking lots.

Sandra Krawczyk, 2827 Clinton Street, suggested that the Town Board get involved and approach Canisius High School to find out exactly what their plans were. She wanted to see the Master Plan changed and questioned how the proposed ice rink was included in the draft.

ISSUES OF THE PUBLIC

PROPOSED SPORTS COMPLEX ON CLINTON STREET    (continued)

Brian Doster, 3361 Clinton Street, stated that he was very concerned about the Canisius High School project and the high traffic volume it would bring to the neighborhood, along with the lighting and noise from night games. The property would also be removed from the tax rolls, but would be of no benefit to the residents. He suggested that Canisius High School find another location closer to their existing facility.

Frank Boncore, 250 Heather Hill Drive, commented on the need for a new police station and suggested that this take priority over another sports complex.

Mike Kalenda, 47-year resident of the town and a business owner in town, commented on the need for ice for the kids in town. He coached hockey and stated that they often had to travel an hour to get ice time for the kids. Mr. Kalenda suggested that the Town Board come up with a proposal for an ice rink within the town, but listen to the residents and not put it on Clinton Street.

Councilman Graber stated that whenever there was a project where there was controversy, it was the Town Board’s job to ask questions and seek everyone’s opinion. The Clinton Street residents had a natural bias in opposition to the project and the hockey association had a natural bias of support. The board members needed to do their research and verify the information presented to them. Councilman Graber thought that the system worked and stated that the board members were concerned about taxes, the environment, and the impact the project would have on the residents of Gardenville.

Phillip Swift, 350 French Road, commented that in recent years JFK High School, located behind St. Matthew’s Cemetery, installed a new public address system. When sporting events were held there, Mr. Swift could hear the activity at his home. He was concerned about the Canisius High School proposal and the added noise it would bring to the neighborhood.

Joan Russo, 38 Parkside Drive, referred to the discussion on hiring a firm for advisory services on the proposed sports complex and questioned what Councilman Osmanski was referring to when he said that he “did not want to repeat the mistake they made the last time.” She further questioned if Councilman Osmanski was anticipating when a proposal might be submitted.

Councilman Osmanski stated that he was referring to when the town received the original environmental assessment form for the ice rink proposal. Supervisor Clark signed the form under the auspices that there was a chance there might be public financing so the town would be a sponsor for the project. The town also had not followed the process properly when they requested Lead Agency status.

Councilman Osmanski responded that Mr. Savarino had informed Supervisor Clark that there might be a proposal in November 2004. The public would be made aware of the proposal when it was submitted to the town.

Joe Corey, 2813 Clinton Street, did not believe that the project belonged on Clinton Street and did not believe that it would be successful anywhere. The project was about three years old on paper and it had not yet been developed because the developer did not have the money.

Councilman Hicks stated that he had not spoken much about the proposed hockey rink at the Town Board meetings because he did not know a lot about it. He had relatives that started the West Seneca Hockey Association, relatives that were currently involved in the West Seneca Hockey Association, and relatives that were against the proposed hockey rink. Councilman Hicks stated that he had not made a decision on the project because there was nothing yet to make a decision on. He assured the residents that he would do the right thing on this issue.

ISSUES OF THE PUBLIC

BUILDING CODE VIOLATIONS ON SENECA STREET

Cheryl McCool, 2794 Seneca Street, stated that she was in the food and restaurant business for 25 years and two years ago she was presented with a business opportunity to own a deli and reside upstairs for personal convenience. She wanted to bring back the history and charm that existed at this location years ago when it was Michael’s Deli. Ms. McCool wanted to be able to supply the neighborhood with all their grocery and deli needs at a location within walking distance of their home or business, but her landlord was causing her problems and preventing her from opening her business. Ms. McCool stated that in the last two years the landlord was absent and negligent in the upkeep and with renovations and repairs on the building. Within a two-year period, Ms. McCool gutted and remodeled four floors of the building – the attic, the apartments, renovations for the deli, and the basement that was remodeled into a stock room and office space. Upon completion of the renovations and in the process of opening the deli, Ms. McCool was denied an appointment with Susan Smith of the Division of Food Inspection due to the landlord’s 16 building violations currently outstanding since 1992. Ms. McCool stated that in the process of obtaining permits and scheduling inspections she was not at any time made aware of the violations. After she learned of the problem, Ms. McCool contacted Fire Inspector John Gullo and he made numerous attempts to contact the landlord, but was not successful. A court date was set for October 22nd to try to resolve the violations and she and Mr. Gullo would be in attendance. If the violations were not resolved, there was the potential that the building and sidewalks could collapse. Ms. McCool asked that the Town Board assist her in getting this matter resolved.

Councilman Hicks questioned if Ms. McCool was interested in buying the building.

Ms. McCool responded that she was supposed to buy the building but she wanted the landlord to bring it up to code first. She had invested $32,000 to $35,000 in renovations and questioned why she was never told about the violations when she approached the Building Department with her intentions. Ms. McCool also thought that when she appeared in court on October 22nd, the landlord would try to have her evicted after she already did the remodeling work.

Town Attorney Tim Greenan stated that the normal procedure for someone investing in a building was to come in with a set of plans and an application for a building permit. The Building Department would then review the plans.

Ms. McCool responded that she did not need any permits for the remodeling, but she had come to the Building Department and informed them of her intentions. She submitted a list of the violations the landlord was cited with and a final notice dated August 6, 2004.

Mr. Greenan stated that when the landlord failed to respond to the August 6th notice, the Building Department would have issued a summons against him and a complaint for a list of the various building code violations. Once the summons and complaint was filed by the Building Department, the landlord was charged and summoned to court. It was then Town Prosecutor Dale McCabe’s job to prosecute the violation and cite the landlord once per week for not bringing the property into compliance. If the landlord attempted to evict Ms. McCool, there was a provision in the law where if the residential property was not in compliance with the warranty of habitability, the court could stay the eviction, suspend the rent, or give Ms. McCool recourse based upon rent that she paid.

APPRENTICESHIP PROGRAM

Don DiCarlo, 3279 Clinton Street, stated that he was a merit plumbing contractor and questioned if the apprenticeship program adopted earlier in the meeting would prevent him from working on any town projects. He did not have an apprenticeship program.

ISSUES OF THE PUBLIC

APPRENTICESHIP PROGRAM (continued)

Supervisor Clark responded that the apprenticeship program only involved contracts in excess of $380,000, which typically were road reconstruction projects, but merit and union contractors were both eligible and could participate in the program. The apprenticeship program was not meant to ruin or reduce merit contractors in the lower dollar range of contracts. He would track the results of the program and report on it.

Frank Boncore, 250 Heather Hill Drive, stated that he was contract coordinator for the Buffalo Housing Authority for 20 years and he handled contracts from $2000 to $10 million. When they got into the apprenticeship program and training program, it added one-third to 40 percent to the cost of the job.

Brad Rybczynski, Executive Director of the Buffalo Building Trades Council, 585 Aero Drive, congratulated the Town Board for adopting the apprenticeship program. He noted that the bill received bipartisan support and was passed by the Democratic controlled NYS Assembly, the Republican controlled NYS Senate, and signed into law by a Republican governor. He thought there was a large misconception as to who picked up the tab and how the apprenticeship program worked. There were individuals who were journey level or master level in their specific trade and they would mentor individuals. In terms of a merit shop, for the classroom component they could use a number of ways that were publicly funded or at a low cost to the owner/operator. In terms of union locals, they all had apprenticeship programs, and contractors had the benefit of using labor that was trained at the expense of the local. Mr. Rybczynski thought that the apprenticeship program was a great opportunity to train another generation of tradesman. He had spoken with Hamburg Supervisor Patrick Hoak, and they had saved money with the apprenticeship program. They were 50-50 with regard to union/non-union.

RESIDENT QUESTIONS SURVEYING SERVICES ON ICE CONTROL STRUCTURE PROJECT

Jane Kester, 60 East & West Road, questioned Item #8 on the agenda and what the additional survey services were for on the Cazenovia Creek ice control structure.

Town Attorney Tim Greenan advised that Item #8 involved additional surveying that was needed on the ABC Paving property to re-route the road so no trees or wetlands would be disturbed. The town acquired land and transferred title to the Army Corps of Engineers and the New York State Department of Environmental Conservation (NYSDEC). A contract was awarded on September 30th for construction of the ice retention facility and the town had requested a copy of the contract.

RESIDENT QUESTIONS MANAGEMENT GROUP FOR SOCCER COMPLEX

Jane Kester, 60 East & West Road, commented on the Soccer Association having fallen in arrears on their payments to the town and questioned who the management group was that they contracted with.

Town Attorney Tim Greenan advised that the Soccer Association contracted with Buffalo/Niagara Sports to assist in the management of the facility and Buffalo/Niagara Sports guaranteed that the Soccer Association would meet its obligations under the lease.

Mrs. Kester understood that the President of Buffalo/Niagara Sports was Sam Savarino, the developer of the proposed recreational facility on Clinton Street. She questioned if any money was paid to the town to bring the Soccer Association more current with their payments.

ISSUES OF THE PUBLIC

RESIDENT QUESTIONS MANAGEMENT GROUP FOR SOCCER COMPLEX (continued)

Mr. Greenan responded that he would have to check with the Comptroller’s Officer to find out the exact historic deficit. The West Seneca Soccer Association remained responsible for their payments that were in arrears and were putting together a proposed fundraising plan for 2005 to begin making payments to the town.

Cheryl Krawczyk, 2965 Clinton Street, questioned if Mr. Greenan was a part of Buffalo/Niagara Sports.

Mr. Greenan responded that he was involved with Buffalo/Niagara Sports.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BID AWARD FOR TOWN HALL REAR STAIRS REPLACEMENT PROJECT

Motion by Councilman Hicks, seconded by Councilman Graber, to award the bid for the Town Hall Rear Stairs Replacement Project to Union Concrete Constructors, Inc., PO Box 648, West Seneca, at their low bid of $24,899 and authorize the Supervisor to sign the necessary paperwork.

On the question, Councilman Graber noted that the bid was $20,000 under anticipated cost and questioned if it included landscaping.

Town Engineer George Montz responded that the bid included minimal landscaping.

ANNUAL HAUNTED HAY RIDE AT SOCCER COMPLEX

Motion by Councilman Hicks, seconded by Councilman Graber, to grant permission to the Tremendous Teens of WNY, Inc. to host their fifth annual Haunted Hay Ride at the West Seneca Soccer Complex on Saturday, October 23, 2004 from 5:30 P.M. until 10:00 P.M. and authorize two Highway Department trucks and drivers to assist with the event.

APPOINTMENT OF JOEL SERAFINI AS SANITATION SUBSTITUTE

Motion by Councilman Graber, seconded by Supervisor Clark, to appoint Joel Serafini as Sanitation Substitute at a rate of $7.00 per hour effective October 11, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

FLOODING ON ROBIN LANE AND LORRY DRIVE

Councilman Osmanski thanked Principal Engineer Assistant Gary Bommer for his excellent work on the flooding problem on Robin Lane and Lorry Drive. Erie County repaired the drainage pipe on Center Road within a day or two of Mr. Bommer contacting them. Councilman Osmanski had also contacted Senator Stachowski’s office and Assemblyman Higgins’ office regarding the problem with runoff from Route 400, and within a day they had the state workers out cleaning the ditches. There was a 30-inch culvert going under Route 400 that was almost totally full, and they cleaned that out so the water could flow properly.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 10:15 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK