15-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 TO CONSIDER A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 395 WEST AVENUE, BEING PART OF LOT NO. 184, CHANGING ITS CLASSIFICATION FROM R-50 TO M-1(S), FOR STORAGE OF CONSTRUCTION VEHICLES” in the Town of West Seneca, be received and filed. (Dan Reidy)

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

Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its October 20, 2004 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 395 West Avenue, being part of Lot No. 184, changing its classification from R-50 to M-1(S), for storage of construction vehicles, with the following stipulations: 1) the north side yard should be changed to 50 feet to conform with the ordinance; 2) the building should be set back 60 feet from West Avenue; 3) the 25’ x 50’ area at the front of the building should be dedicated to office use and the remaining 50’ x 200’ should be used for vehicle and other storage; 4) no lights should be directed to the north toward the apartments or to the east toward Victorian Springs and the only lights permitted on the north and east side of the building should be those near an entrance that were required by the building code for safety purposes; 5) landscaping in the form of trees (5’ to 6’ high pine or spruce) to form a buffer along the north property line and a 10-foot buffer along West Avenue except for the area required for access to and from the parcel.”

15-B   LEGAL NOTICES

1.    (continued)

Dan Reidy, 53 East Royal Hill Drive, Orchard Park, stated his request to rezone the property located at 395 West Avenue for storage of construction vehicles.

Councilman Bove questioned if Mr. Reidy had spoken with any of the neighbors prior to purchasing the property in July 2004. She further commented that Mr. Reidy’s purchase was a gamble in that he purchased property zoned for residential use in the hopes that it would be rezoned.

Mr. Reidy stated that he had not spoken to any of the surrounding neighbors prior to purchasing the property on West Avenue. The seller of the property told him it was M-1, and after looking at the town zoning map he also thought the entire parcel was zoned M-1.

Councilman Bove questioned how many days of the week Mr. Reidy’s business would be operated and if he had any thoughts of expanding the business in the future.

Mr. Reidy responded that his business would operate five and sometimes six days a week, and he did have some thoughts of expanding in the future.

Councilman Bove referred to the drainage ditch on the property and asked Town Engineer George Montz if there were any flooding problems.

Mr. Montz stated that if the rezoning were approved, his department would review the site plan and look at existing storm sewers, ditches, etc. At this point in the process, there were no engineering drawings to review.

Councilman Osmanski referred to the Planning Board minutes and comments from residents of the condominiums in that area of West Avenue that had drainage problems. The ditch that ran across Mr. Reidy’s property was fairly crucial to proper drainage of those projects. If Mr. Reidy were to develop his property, he would have to maintain the drainage ditch properly.

Councilman Graber noted that Mr. Reidy could have built the proposed building on the M-1 portion of his property without coming before the Town Board for a rezoning.

Mr. Reidy responded that there was plenty of M-1 property where the building could be placed, but it would have to be reconfigured.

Councilman Bove questioned if it would be possible to put the building at the southwest portion of the property where it would be farther away from the condominiums and not require a rezoning.

Mr. Reidy responded that he could move the building to the southwest portion of the property, but he would have to install a pumping station and it would be much more costly.

Councilman Osmanski referred to the stipulations made by the Planning Board as part of their recommendation and questioned if Mr. Reidy had agreed to all of them.

Mr. Reidy responded that he had no problem with any of the Planning Board’s stipulations.

Councilman Osmanski was concerned that Mr. Reidy had not submitted a rendering of the proposed building. All they knew about the building was its dimensions, that the front would be split block, and the rest of it painted block. Councilman Osmanski did not see this to be a very attractive building, especially when it would abut a residential zoning.

15-B   LEGAL NOTICES

1.    (continued)

Mr. Reidy responded that he intended to have a nice looking building and the painted block would be attractive. He presented more detailed plans of the building to the board members.

Councilman Osmanski questioned what direction the front of the building would face.

Mr. Reidy responded that the front of the building would be facing east and the office would be located in the front. The rear of the building would face the apartments, but there would only be walk through doors on that side. The 12’ x 21’ overhead door located on the north side on the plan would be stricken. All overhead doors would be facing south towards the railroad tracks and there would be eight bays in the building.

Councilman Hicks commented that the proposed building looked similar to the building being built next door to this location.

Mr. Reidy responded that his proposed building was similar to the one next door, but he did not intend for it to take as long to be built. He planned to finish the building in a timely fashion.

Councilman Graber questioned which direction the overhead doors would face if Mr. Reidy were to build the building on the M-1 portion of the property.

Mr. Reidy responded that the overhead doors would probably face the street.

Councilman Graber noted that if the doors were put in the front of the building, the surrounding residents would be more exposed to them.

Councilman Osmanski agreed but stated that they would be located 200’ farther away than where they were located in the plans submitted. He further commented that the building plans submitted were good, but they did not show anything exterior. Councilman Osmanski wanted to ensure that Mr. Reidy would put up a nice looking building.

Robert Sullivan, 400 West Avenue, Unit D6, did not want this building in his back yard and suggested that Mr. Reidy locate in the North America Center. He was concerned about construction vehicles running at all hours and the diesel fumes they would create.

Ronald Barnhard, 400 West Avenue, Unit E7, stated that he had helped many of his neighbors clean up their basements over the past 12 years because of water problems. One of his neighbors had three sump pumps in his basement and another neighbor had two sump pumps. Mr. Barnhard did not want to see the project go in and was concerned about possible expansion in the future and what the project would do to the property values of the condominiums.

Bill Whitehead, Property Manager for 375 West Avenue, stated that the property owner was never notified of this public hearing and was only made aware of it yesterday after talking to one of the neighbors. He presented pictures of some of the properties in the neighborhood and the building that had been under construction for a long time. There was still no paved driveway for the new building and no landscaping. Mr. Whitehead was concerned about the dust and fumes from the proposed operation and did not believe it belonged on a residential street like West Avenue. There were 283 families on West Avenue and he did not believe it was fair to rezone this property. He commented that if Mr. Reidy were to move in the future, any other manufacturing company would be able to locate there because the zoning would already be changed. Mr. Whitehead suggested that the property be restricted for residential purposes only and that patio homes or houses be built on it.

15-B LEGAL NOTICES

1.    (continued)

Town Clerk Patricia Wisniewski advised that 375 West Avenue was notified of the public hearing. The notice was sent to Darlene DeAngeli, c/o John Hasse, PO Box 661, West Seneca, NY 14224 as indicated on the list of property owners received from the Assessor’s Office.

Mr. Whitehead responded that John Hasse was not the owner of 375 West Avenue and had not owned that property for at least seven years.

Kari Kaul, 400 West Avenue, Unit F8, President of Victorian Springs Homeowner’s Association, stated that she had e-mailed the Town Clerk’s office for copies of the minutes from the October 20, 2004 Planning Board meeting, but did not receive any response.

Mrs. Wisniewski stated that she had responded to Ms. Kaul’s e-mail and advised her that the Planning Board minutes were not available until after the Planning Board approved them.

Ms. Kaul expressed concern over the water problem in the neighborhood and wanted to ensure that the drainage would be addressed no matter what type of building was put on the property. Ms. Kaul noted that she had submitted a petition at the Planning Board meeting signed by 82 of the 84 property owners of Victorian Springs who were opposed to the rezoning. She questioned whom the neighbors could contact if the rezoning were approved and Mr. Reidy did not comply with the stipulations. Ms. Kaul also referred to the building under construction and the fact that it was not yet completed.

Supervisor Clark advised that the Town Board was not able to review the site plan for that building because the property was zoned M-1 and it did not require a rezoning.

Councilman Osmanski stated that although the Town Board was not able to place any stipulations on that property, there was a requirement under the Zoning Ordinance for the parking lot to be blacktopped and for green area along the street.

Councilman Graber commented that this was an advantage of the special permit because the Town Board could place stipulations on the property that went beyond what the Zoning Ordinance allowed them to do.

Carl Mazza, 400 West Avenue, Unit J4, Vice President of Victorian Springs Homeowner’s Association, stated his opposition to the proposed project and noted that there were two other construction companies located nearby and many large trucks and construction vehicles traveling the street. He thought that another building would make it unbearable due to the noise, dust, and traffic.

Marjorie Philipps, 400 West Avenue, Unit K4, stated that her unit overlooked the site of the proposed building and she would have to keep her three bedroom windows closed when Mr. Reidy ran his trucks. She did not want to breathe the diesel fumes and was concerned over health problems they could cause.

Johanna Ewing, 400 West Avenue, Unit E4, agreed with the previous statements of her neighbors and hoped that all her neighbors would voice their opposition to the project.

Justine Brown, 400 West Avenue, Unit F6, stated that she bought her condominium in good faith that it was a residential area and that her property value would be good. She commented on the appearance of the building that was in the process of being built and did not want to see another building even larger go up. Mrs. Brown suggested that Mr. Reidy put his building up in Orchard Park where he lived.

15-B   LEGAL NOTICES

1.    (continued)

Cindy Malzan, 236 Old French Road, questioned the benefit of the project to the town and suggested that a rezoning only be approved if there was a compelling interest in doing so. She felt that changing the zoning of property should only be a last resort if there was no other way of doing things.

Judy Thompson, 400 West Avenue, Unit L7, stated that her condominium was on the corner and she would be looking directly at the proposed building. There were construction vehicles on the road continually from early morning until late at night and many accidents on the corner. Ms. Thompson did not understand how the Town Board could even consider allowing this project due to the congestion in this area. She thought it was very unfair to the surrounding residents.

Mr. Reidy commented that the rezoning would allow the residents of West Avenue to have a say in what was done on his property. He could put his building on the M-1 portion of his property, and the residents would have nothing to say about it. Mr. Reidy was willing to work with the residents and offered to talk with them about any problems they might have with his operation.

Councilman Osmanski questioned the rear yard setback requirement if Mr. Reidy were to put his building on the M-1 portion of the property.

Building Inspector William Czuprynski responded that the rear yard setback requirement was 10 feet and the side yard setback abutting the residential zoning district would be 50 feet.

Councilman Osmanski stated that if the building were built in the M-1 portion of the property, Mr. Reidy would have to turn the building 90 degrees, and it would meet all the zoning requirements. The building would be 200 feet farther away from the residents, but by turning it 90 degrees, the overhead garage doors would be exposed to the condominiums.

Supervisor Clark commented that the residents could form a working committee to come up with stipulations and restrictions they were comfortable with if the property were rezoned. If not, they would be at risk that the building would still be built, farther away from the residents but without any restrictions.

Councilman Hicks thought that Mr. Reidy was trying to be a good neighbor. He understood how the residents of the condominiums felt, but noted that Mr. Reidy could build his building on the property as it was. Councilman Hicks suggested that the condominium association meet with Mr. Reidy and try to come up with a compromise.

Councilman Graber suggested that the Town Board table this item to allow Mr. Reidy and the residents time to work things out.

Councilman Osmanski stated that he had spoken with Mr. Czuprynski prior to the meeting and questioned why the property could not be rezoned to C-2 instead of M-1. If the property were to be sold in the future, the C-2 zoning would restrict the uses allowed more than the M-1 zoning. The building would be allowed in a C-2 zoning district, but it still would not afford the residents any more protection, and the “S” designation allowed the board to place specific restrictions on the project.

Mr. Greenan commented that the “S” designation was one tool the Town Board could use, but it was not explicit under the ordinance. The “S” designation was typically only used for things that required a special permit, such as automotive uses.

15-B   LEGAL NOTICES

1.    (continued)

Councilman Osmanski stated that he agreed with Ms. Malzan’s previous comment regarding a rezoning request. When a petitioner applied for a rezoning, Councilman Osmanski questioned whether it would add some value to that area of town. In Mr. Reidy’s case, he did not believe this rezoning would do that or that there was a compelling reason to change the zoning. However, he did not believe that the residents would be protected by not voting for the rezoning, because there would be no restrictions on the property. Mr. Reidy could build what he wanted and it might be worse for the residents.

Kari Kaul, 400 West Avenue, Unit F8, questioned why the portion of the property at 395 West Avenue was zoned M-1.

Mr. Greenan advised that all of West Avenue was originally zoned for manufacturing, but in the mid to late 1980’s Mr. Manko rezoned property to residential for Victorian Springs condominiums.

Johanna Ewing, 400 West Avenue, Unit E4, questioned why the Town Board would have allowed Mr. Manko to rezone the property for condominiums. She was happy with her condominium but commented on the number of trucks that traveled West Avenue.

Supervisor Clark responded that the current board members were not on the Town Board at the time the rezoning was approved. He further noted that the area in question was all zoned for commercial and manufacturing uses and it had been zoned that way for 40 to 50 years.

Bill Whitehead, Property Manager for 375 West Avenue, stated that if the building were positioned where Mr. Reidy was proposing, it would be 50 feet from the property line of the apartment complex and there would be 12 bedroom windows facing a 200 foot brick wall. Mr. Whitehead stated that if Mr. Reidy was willing to move the building, he might be willing to talk with him.

Ronald Barnhard, 400 West Avenue, Unit E7, noted that even if the building were moved, a water problem still existed. He questioned what would be done to resolve that.

Councilman Osmanski stated that it was the Engineering Department’s job to ensure that whatever was built did not make the water problem any worse.

Kari Kaul, 400 West Avenue, Unit F8, commented that the drainage work approved for Victorian Springs condominiums was not adequate and the residents had to pay to have the proper size pipe installed.

Supervisor Clark stated that the Town Board could guarantee that the proposed project would not have a negative effect on downstream or related drainage issues.

Mr. Reidy and the neighbors agreed to have the public hearing adjourned for two weeks so they could try to work things out.

Councilman Hicks offered to meet with Mr. Reidy and the residents and act as mediator.

Councilman Osmanski asked Mr. Reidy to work hard to find a way to work with the residents to help make this a better project.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn this public hearing until the November 29, 2004 Town Board meeting.

ISSUES OF THE PUBLIC

DANCE GROUPS DISPLACED FROM SENIOR CITIZENS CENTER

Carly Cichocki, represented the children of Kick ‘n Rhythm Cloggers, a clogging group she had danced with for six years. Also present were her sister, Caitlyn, representing the teenagers in the group; Kim White, representing the adults in the group; Emily Dombrowski, representing the seniors in the group; and Jenny Subjeck, representing the West Seneca businesspeople in the group. The teachers, dancers, and their family members were also present at this meeting. Miss Cichocki stated that the Kick ‘n Rhythm Cloggers had been dancing at the West Seneca Community Center for almost 15 years, but they were recently told that they would have to leave the center by January 1, 2005 because it would be turned into a senior citizen fitness center. Miss Cichocki noted that the senior citizens already had the whole building to themselves, and she asked the Town Board to reconsider their decision. The cloggers felt that it was the responsibility of the Town Board to represent all the citizens of West Seneca, not just the senior citizens. Miss Cichocki stated that clogging was a type of American folk dance that began in the Appalachian region and was now popular throughout the world. Clogging was great exercise, helped coordination and gracefulness, relieved stress, burned calories, and was just plain fun. It was also wholesome for family entertainment. Miss Cichocki stated that the people who danced with Kick ‘n Rhythm ranged in age from 3 to 80 years old and many were from the same family. Mothers and fathers danced with their children, grandparents danced with their grandchildren, and brothers and sisters danced together too. Although they started out with mostly West Seneca residents, they now had members from all over the area come to dance every week. They also performed throughout Western New York. This year alone they danced at the Erie, Genesee, Chautauqua and Cattaraugus County Fairs. They also performed every year at the New York State Fair in Syracuse. They were at St. Joseph’s Cathedral, Darien Lake, the Apple ‘Umpkin Festival in Wyoming County, Old Home Days in Williamsville, Merritt Wineries in Forestville, and many more places. Last Thursday they performed for the Amherst Shriners in celebration of Veterans Day. They did many charitable performances such as the West Seneca Satellite of the Variety Club Telethon, the West Seneca Kiwanis Craft Show, and West Seneca Community Days. When introduced, the announcer proudly said they were from West Seneca, New York. Miss Cichocki commented that the Kick ‘n Rhythm Cloggers were the best ambassadors the town would ever have. The Town of West Seneca had many sports opportunities for its citizens, but the arts were also important. By taking the Community Center away, four valuable arts programs were being eliminated. Four organizations were being displaced that provided rich cultural activities for children, teenagers, adults, and seniors and it would be hard for them to continue if the Community Center were taken away. Miss Cichocki stated that the cloggers understood that the Town Board did not owe them a place to dance, but they did owe the town a Community Center for social, cultural and recreational purposes. The cloggers were good tenants over the past 15 years, they paid their yearly floor maintenance fee on time, and they always left the building in as good, or even better, condition as they found it. Miss Cichocki asked the Town Board to reconsider and not take the clogger’s meeting place away.

Carol Cislo, 86 East & West Road, spoke on behalf of the Kick ‘n Rhythm Cloggers and stated that she understood and applauded the senior citizens for their interest in staying physically fit and their desire to have a place to utilize for this purpose. However, she was concerned that the Community Center would be eliminated and groups using it would be displaced in order to have a fitness center for the senior citizens. The Kick ‘n Rhythm Cloggers consisted of 60 to 70 members, ages 3 to 84, who also had an interest in staying physically fit. They chose clogging as their means of exercise, an American heritage dance that was a part of this country’s culture for over 150 years. The Kick ‘n Rhythm Cloggers had tried over the years to spread the joy of clogging throughout the area so it would not die. Mrs. Cislo noted that some of the members of Kick ‘n Rhythm Cloggers went on to join clogging groups in other areas of the country, were now sitting as board members for the WNY Cloggers Association, were selected as members of the WNY Cloggers Hall of Fame, or even went on to become instructors at the national level, all as a result of the education and experience they had in West Seneca with the Kick ‘n Rhythm Cloggers. When the Kick ‘n Rhythm Cloggers received

ISSUES OF THE PUBLIC

DANCE GROUPS DISPLACED FROM SENIOR CITIZENS CENTER    (continued)

notice that they would have to vacate the Community Center by January 1, 2005, they began looking for another place to practice. After many man hours of searching for an appropriate facility, they still were not successful. Every place they tried was either unavailable or too expensive. The Kick ‘n Rhythm Cloggers was a non-profit organization and barely able to handle the $800 annual floor maintenance fee they presently paid the Town of West Seneca for use of the Community Center. Most available places they found were asking $50 to $100 per night or $750 to $5000 in monthly rent, and the Kick ‘n Rhythm Cloggers were not able to afford that. Elimination of the Community Center would mean that they would no longer be able to function as an organization and would not be able to pass on the art of clog dancing to future generations. Mrs. Cislo commented that the Town of West Seneca provided many opportunities for its citizens to participate in sports; however, not all people were athletes or could opt for sports as an outlet for their physical activity. Some people choose to clog and they asked that their choice not be taken away from them. They hoped that the Town Board would sit down with the displaced organizations and the senior citizens to discuss possible alternatives to eliminating the Community Center.

Diane Bennett, 197 Carriage Park, represented the Down Home Country Cloggers and stated that her group would not be able to function if they could not use the Community Center to meet and practice clogging. She stated that she was very proud to be a resident of West Seneca for over 25 years and told everyone she met who complained about lack of leadership or lack of services in their town to come to West Seneca to see how it was supposed to be done. Mrs. Bennett understood that the senior citizens were actually requesting memberships to the YMCA rather than an in-house facility.

Councilman Hicks disagreed and stated that the senior citizens were actually asking for an addition to the building for an exercise room.

Mrs. Bennett stated that the space in the basement of the Senior Citizens Center was huge and she did not understand why it would be necessary to eliminate use of the entire basement.

Supervisor Clark advised that they would be installing a walking area with a special cushioned flooring that was made for older joints and hips to accommodate senior citizens. Some flooring would be removable for floor games the senior citizens were interested in, a ping pong table area, and areas for treadmills and light exercise equipment to be purchased by the senior citizens. This would all be integrated in a design that would not accommodate the cloggers. Supervisor Clark stated that the town could not afford to put a large addition on the building. He was informed by the Erie County Division of Environment and Planning that the Senior Citizens Center was originally built with community development funds, and although the town referred to the basement as a Community Center, it was more appropriately used under HUD guidelines as a senior citizens facility. Supervisor Clark stated that they were able to accommodate the West Seneca Youth Theater, Brownie Troop #866 Campfire Club, Crosstown Quilters, Ebenezer Home Bureaus I & II and the 4H dog program at the Kiwanis Youth Center, but that facility was now full. Unfortunately, because of the flooring that was being installed and the change in the use of the building, he did not see any alternatives.

Mrs. Bennett questioned if the dance groups were the only displaced organizations.

Supervisor Clark responded that the Down Home Country Cloggers, the Kick ‘n Rhythm Cloggers, and the Polish Heritage Dancers were the only groups displaced.

Mrs. Bennett referred to all the recreational facilities and buildings in the town and questioned if there was any space available for the dance groups to use. She noted that when the basement of the Senior Citizens Center was converted, the town would have no community center for its residents.

ISSUES OF THE PUBLIC

DANCE GROUPS DISPLACED FROM SENIOR CITIZENS CENTER    (continued)

Supervisor Clark was not aware of any space that would be suitable for the cloggers. Although the Community Center would be eliminated from the Senior Citizens Center, citizen groups could still use the Kiwanis Youth Center sporadically. Unfortunately, there was no facility available for the dance groups to use.

Councilman Hicks suggested that the clogging groups contact the Harvey D. Morin Post for use of their back room.

Mrs. Bennett responded that the cloggers tried several of the VFW posts and most required rent that was beyond their ability to pay.

Councilman Osmanski questioned how many dancers were in the largest clogging group.

Mrs. Bennett responded that her group had 14 dancers and they practiced once a week. Kick ‘n Rhythm had 50 to 70 and they met twice a week. They needed at least 1500 square feet of space.

Councilman Bove questioned if the cloggers had spoken to any churches for use of their facilities.

Mrs. Bennett stated that they had not spoken to all the churches, but had approached 40 to 50 churches, fire halls, and veteran’s posts. The rent was always too much for them to pay.

Supervisor Clark stated that the town would try to accommodate the cloggers and could delay the project if they had to while they looked for another facility, but he did not see any way that the cloggers could continue to use the Senior Citizens Center.

Mrs. Bennett stated that the upstairs area of the Senior Citizens Center was not in use in the evening when the cloggers used the downstairs. She questioned if there was any way that the cloggers could use the upper level of the building.

Supervisor Clark stated that the senior citizens had advisory control over the Senior Citizens Center and in the past they were always reluctant to allow anyone to use the upstairs because of their maintenance and concerns. He thought it would be very unlikely that the senior citizens would allow the cloggers to use the upstairs, but suggested that they attend one of the senior citizen’s board meetings and request it.

Jason Ross, 4760 Bussendorfer Road, represented the Down Home Country Cloggers and stated that he started clogging when he was four years old and had been dancing for 8 years now. The Down Home Country Cloggers was like a second family to him; they celebrated holidays together and he had made many friends. Mr. Ross stated that clogging gave him the stage presence to be able to do piano recitals and drum recitals. It also taught him social graces and modesty, and he would be losing a big part of his life if they were to lose the Community Center. Mr. Ross also noted that it would be a great deficit to the community because they would no longer be able to perform for the senior citizens in nursing homes.

Bob Pyle of the West Seneca Youth Theater stated that they had also been using the Community Center for rehearsals for 20 years, but they were fortunate to be able to relocate at the Kiwanis Center. He questioned why this decision was made on the Senior Citizens Center without allowing the citizens to vote on it.

Supervisor Clark responded that use of a town building or facility was an operational decision. They had looked at alternatives and even engaged an architect for professional studies and cost estimates, but they had no other option.

ISSUES OF THE PUBLIC

DANCE GROUPS DISPLACED FROM SENIOR CITIZENS CENTER    (continued)

Lynn Danks, 38 Ludwig Avenue, and her daughter, Amber, represented the Polish Heritage Dancers. Mrs. Danks read a letter from their director, Michelle Kisluk, questioning why they were not notified sooner that they would no longer be able to use the Community Center and stating that it would be difficult for them to find another location at no cost. They used the Community Center since 1983 and it worked well for them. They attracted new members from the town and surrounding areas, and were disappointed because they did not believe the Town Board members considered cultural groups an asset to the community. Mrs. Kisluk commented that West Seneca should be proud to host their group since there were many Polish people who resided here. The Polish Heritage Dancers was a non-profit, self-supporting group that entertained and educated the public through song and dance. The members were enthusiastic to do anything that would help promote their heritage. That included holding workshops in schools, participating in a Polish Christmas play, having a display and performance for the Boy Scouts of America, performing at Nursing Homes and Assisted Living Centers, holding an annual Paczki Day celebration, greeting the new Polish Bishop with the traditional bread and salt welcome, participating in the Community Days Parade, and patronizing local businesses socially as a group. Mrs. Kisluk was disappointed that Supervisor Clark had not offered to help them find another location to use. She questioned why they could not use the upper level of the Senior Citizens Center on Friday nights since there was nothing going on there at that time other than an occasional party. Mrs. Kisluk noted that they were a very responsible group and respected other’s property. She hoped that the Town Board would help them locate a place so they could continue to promote Polish traditions to the children and youth of Western New York.

Chris Carollo, 199 Sky Hi Drive, also represented the Polish Heritage Dancers and stated that they had inquired at many local churches and schools for available space, but there was a liability issue involved. The Harvey D. Morin Post was currently being sued for $2.5 million because someone fell in the parking lot, and this was why no one wanted to assume the liability. Mr. Carollo stated that the Polish Heritage Dancers had very little notice that they were being displaced, and they only heard from others of the town’s plans to convert the basement of the Senior Citizens Center into a gym. He did not think it was fair to exclude other groups in favor of one and asked the board members to reconsider their decision or help them find a new location.

Sherry Truax, 3887 Main Street, Strykersville, stated that she grew up in West Seneca, attended West Seneca Schools and worked for the Town of West Seneca Recreation Department for 15 years where she started the West Seneca Youth Theater in 1982. She commented that the groups were not notified about the town’s plans and only received something in writing from the town after they inquired about what they had heard through the grapevine. Mrs. Truax questioned why it took so long for the town to notify them. She further referred to the $800 annual fee they paid the town for floor maintenance and did not believe that anything had ever been done with the floors.

Diane Bennett, 197 Carriage Park, questioned if there was a contact person from the town that could notify the groups if space became available within the town or that could endorse the groups if they were able to find space in the schools.

Councilman Bove volunteered to be the contact person and stated that she would contact the West Seneca Chamber of Commerce to possibly find a business that might have space within their building for the dance groups to use.

Mrs. Truax commented that there were many expenses that the clogging groups had to carry, such as their own liability insurance, rental fees, and BMI and ASCAP licensing to use music. They had researched having a sponsor but were unsuccessful because they did not know where to go. Mrs. Truax looked forward to any assistance the board members could give them.

ISSUES OF THE PUBLIC

DANCE GROUPS DISPLACED FROM SENIOR CITIZENS CENTER    (continued)

Janine Hillman, 23 Pearl Street, Blasdell, questioned whether the Town Board’s decision to displace the dance groups from the Community Center was final.

Supervisor Clark responded that the Community Center would be converted into a gym for the senior citizens, so the dance groups would no longer be able to use that facility.

Mrs. Hillman questioned why none of the groups that used the facility were notified of the public hearing concerning the HUD funds for the project.

Councilman Hicks responded that the public hearing was on the Town Board’s agenda and was also published in the West Seneca Bee.

Town Attorney Tim Greenan stated that the Town Board was approached by the senior citizens with a request that they put an addition on the Senior Citizens Center to accommodate their need for physical fitness. In response to their request, the Town Board hired an architect and engineering firm to study the need for additional space in the building to accommodate their request. The architect and engineering firm looked at facilities in Amherst, Cheektowaga and Hamburg, did a building code compliance study on the West Seneca Senior Citizens Center, and came back with the conclusion that the town was deficient with what they provided to senior citizens in terms of fitness areas in comparison to other towns. The proposed addition to the building would have cost several million dollars and the Town Board did not believe they could get funding for it without raising taxes. The architect and engineering firm suggested the 5300 square feet on the lower level of the facility that was about the perfect size for what was needed for the physical fitness area. They also determined that for a couple hundred thousand dollars the area could be converted for that purpose and would serve about 18 percent of the population in town. The board members discussed the recommendation of the architect and engineering firm informally and agreed that this was the only option that would meet the senior citizen’s needs. After the decision was made, Supervisor Clark’s office contacted each of the groups to make them aware of what was going on and made attempts to relocate them.

Mrs. Hillman stated that even if they found another facility, the cost per person would be so much that the dancers would not be able to afford it.

Councilman Hicks stated that unfortunately not all the groups were relocated, but the Town Board had to solve a situation with the Senior Citizens Center. They could not agree to put a $2 million addition on the building when they could utilize the existing building to take care of the senior citizens. Councilman Hicks sympathized with the dance groups and hoped that the town could help them find another location, but he did not see how they could have done anything different.

Mrs. Hillman stated that she did not have a problem with the senior citizens, but she thought it would create a legal problem for the town if one of them were to be injured while exercising at the new facility.

Mr. Greenan stated that the feasibility study went through the models used in other towns, and they would be patterning their programs after the programs currently available to the senior citizens in the Towns of Cheektowaga, Tonawanda, Hamburg and some of the City of Buffalo sites. The also town partnered with the YMCA to make sure that liability issues were addressed and that the facility would be run in a professional manner like other facilities in the county.

Councilman Hicks suggested that the dance groups attend a board meeting of the senior citizens and ask for their help in finding another location.

ISSUES OF THE PUBLIC

DANCE GROUPS DISPLACED FROM SENIOR CITIZENS CENTER    (continued)

Caitlyn Cichocki, 877 Harlem Road, stated that she was a lifelong resident of West Seneca and had been dancing for eight years. She loved clogging and made many friends because of it. Miss Cichocki asked the Town Board to reconsider their decision.

Janet Shy, Maxon Road, Varysburg, stated that she was a former 10 year resident of West Seneca and her daughter was a member of Kick ‘n Rhythm Cloggers. She understood that a hockey rink might be coming to West Seneca and suggested that they add a community room on to that facility to accommodate the various community groups within the town. Mrs. Shy thought that this would be a way for large corporations to give back to the community they were a part of.

REQUEST FOR CHANGE IN TOWN BOARD MEETING DATES

Jane Kester, 60 East & West Road, suggested that Town Board meeting dates be posted on the marquee at Union Road and Main Street.

Supervisor Clark responded that they liked to allow community groups to advertise their functions and events on the sign and when it was proposed it was not really supposed to be used for posting the Town Board meetings.

Mrs. Kester further commented on the scheduling for Town Board meetings for 2005 and noted that the West Seneca School Board met on the same Monday as the Town Board. She questioned whether the Town Board meeting dates could be changed.

Councilman Hicks responded that they had discussed this in the past, but Monday night was the most available day and time for all the board members.

Supervisor Clark also noted that the Court Room was used on two other nights of the week for court and for Zoning and Planning Board meetings.

Mrs. Kester suggested that the Town Board meetings be changed to the opposite Mondays so they did not conflict with the School Board meetings.

Councilman Hicks stated that the Town Board scheduled their meetings in advance and they really had nothing to do with the School Board.

WEST SENECA SOCCER ASSOCIATION DEFICIT QUESTIONED

Jane Kester, 60 East & West Road, questioned whether Town Attorney Tim Greenan had researched the exact historic deficit of the West Seneca Soccer Association as she requested at the October 11, 2004 Town Board meeting.

Mr. Greenan responded that he had not yet received this information from Comptroller Chuck Koller.

STATUS OF CAZENOVIA CREEK ICE RETENTION STRUCTURE

Jane Kester, 60 East & West Road, questioned whether the extra surveying had been done for the Cazenovia Creek ice retention project.

ISSUES OF THE PUBLIC

STATUS OF CAZENOVIA CREEK ICE RETENTION STRUCTURE    (continued)

Town Attorney Tim Greenan advised that there was an issue relating to the access road, and a meeting was scheduled for tomorrow at 1:00 P.M. between the Army Corps of Engineers and the property owner to resolve the final issues. He understood that the issue had to do with the way the easement for the access road that went across Mr. Garman’s property was drafted by the Army Corps of Engineers. The contractor was anxious to start the project and once this issue was resolved they would be able to begin construction immediately.

Councilman Hicks commented that the Town Board had done everything possible to move the project forward. If it was held up it was because of the federal government.

RESIDENT QUESTIONS MASTER PLAN AND CANISIUS HIGH SCHOOL PROJECT

Jane Kester, 60 East & West Road, questioned whether the person who drew up the Master Plan was the same person who drew up the plans for the Canisius High School athletic fields proposed for Clinton Street.

Councilman Osmanski responded that he was the Town Board liaison to the Master Plan committee, and Drew Riley of Wendel Duchscherer did not draw up the Master Plan. He took all the comments and put them together, but the ideas were not his, they were from the input of the committee. Mr. Riley also did not have anything to do with the Canisius High School plan. Some members of his firm, working pro bono because they were alumnus of Canisius High School, worked on that plan.

15-C COMMUNICATIONS

1.   Supervisor Clark re Salary increases for Police Chief & Asst. Police Chief

Motion by Councilman Osmanski, seconded by Councilman Graber, in accordance with the police contract, to set the salaries of Edward Gehen, Jr., Police Chief at $88,037.23 and Dale Wight, Assistant Police Chief at $76,437.78 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Town Attorney re Grant funds for recreation & exercise programs for senior citizens

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a grant from Erie County in the amount of $4500 to be used to enhance recreation and exercise programs and activities for the senior citizens and authorize the Supervisor to execute the agreement with the County of Erie.

3.    Deputy Town Attorney re Public hearing on amendments to Traffic Ordinance

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for Monday, December 20, 2004 at 7:30 P.M. to consider an amendment to the Traffic Ordinance to include restricted parking on Race, Henrietta and Frontera Streets and to change the parking on Warren Avenue.

15-C    COMMUNICATIONS

4.    Town Engineer re Sanitary Sewer Repair Contract, change order #1

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve change order #1 in the amount of $10,000 for Nichols, Long & Moore Construction Corp., 149 Gunnville Road, Lancaster, NY 14086 for adjusting sanitary manhole frames and covers to new finish grade along Union Road prior to the NYSDOT repaving project, noting that the NYSDOT required that the town make these adjustments.

5.    Town Engineer re NYSEG street lighting proposal – Cheryl Road & Barnett Drive

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for a total annual increase of $258.92 to the General Lighting District for adding one 100-watt hps luminaire and wood pole at the intersection of Cheryl Road and Barnett Drive.

6.    Town Engineer re NYSEG street lighting proposal – N. America Drive at Union Road

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for a total annual increase of $144.86 to the General Lighting District for adding one 150-watt hps luminaire on an existing pole on North America Drive at Union Road.

7.    Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber to authorize payment of $2220 to DLT Solutions for engineering software.

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

Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of December 3, 2004 at 10:00 A.M. for receipt of bids on the purchase of an emergency generator for the Highway Department.

9.    Highway Supt. re Bid award for various vehicles for Highway and Bldgs. & Grounds

Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for various vehicles for the Highway and Buildings & Grounds Departments to Gillogly Chevrolet, 1777 Union Road, West Seneca, NY 14224 as follows:

15-C   COMMUNICATIONS

10.    Highway Supt. re Reinstatement of Dennis Fridmann as Highway Laborer

Motion by Councilman Osmanski, seconded by Councilman Bove, to reinstate Dennis Fridmann as Highway Laborer, Group 1, Step 5, at a rate of $19.98 per hour effective November 16, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.    Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2460 to Tulip Corporation for 600 recycling bins and $2096.90 to Gerster/Trane for repairs at the Ice Rink.

12.    Chief Gehen re Status change for part-time Public Safety Dispatchers M. Rybak & R. Leising

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

13.    Chief Gehen re Purchases requiring Town Board approval

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

Monti Concrete Construction, Inc. (concrete footer & slab for police garage)        $6700.00
Home Depot (materials for police garage)        $4803.67
Goodyear Auto Service Center (tires)        $3,241.32

On the question, Councilman Bove questioned who was building the police garage.

Supervisor Clark advised that primarily AmeriCorps was building the police garage.

14.    Recreation Director re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $6678 to West Seneca Youth Baseball for umpire fees for the 2004 youth baseball program.

15-D   REPORTS

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

WELCOME TO COUNCILMAN BOVE

Town Board members and department heads welcomed Councilman Bove to the Town Board and stated that they looked forward to working with her.

FUND TRANSFER FOR PURCHASE OF SENIOR CITIZENS VAN

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize the Supervisor to transfer funds from West Seneca’s Erie County Housing Fund to the town General Fund to purchase a 12-passenger van at a cost of $25,000 for transportation of the seniors.

On the question, Supervisor Clark stated that due to the fact that the Town of West Seneca operated the housing community development funds as an enterprise, sufficient funds were built up to allow for an appropriate and allowable transfer to another HUD driven objective, the service of senior citizens. This would provide the seniors with a safe and dependable vehicle for transportation.

PURCHASE OF COMPUTERS FOR AMERICORPS

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $8063.16 to Dell for six computers, noting that AmeriCorps grant funds would be used for this purchase.

On the question, Councilman Osmanski commented on the significant number of walk-in items for this meeting, which did not allow the board members sufficient time to get any information on the item. He suggested that Supervisor Clark forward a memo to the department heads to submit their items for the agenda as much as possible.

Supervisor Clark agreed but stated that the Veteran’s Day holiday caused an early cutoff on the agenda, and he thought that this was the reason for so many walk-in items. He would generate a memo reminding the department heads that items should be submitted in time for placement on the agenda.

LEASE OF VAN FOR AMERICORPS

Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize the lease, as budgeted in the 2004 AmeriCorps federal ABLE grant, of a 7-passenger Pontiac Montana van at the state bid of $322 per month for 36 months.

MILITARY LEAVE OF ABSENCE FOR DARRYL SEIBERT

Motion by Councilman Graber, seconded by Supervisor Clark, to approve a military leave of absence for Darryl Seibert effective November 15 – December 2, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

APPOINTMENT OF WAYNE MACK AS SANITATION SUBSTITUTE

Motion by Councilman Graber, seconded by Supervisor Clark, to appoint Wayne Mack as a Sanitation Substitute effective November 15, 2004 at a rate of $7 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

STATUS CHANGE FOR SEASONAL LABORERS TO PART-TIME

Motion by Councilman Graber, seconded by Supervisor Clark, to change the status of the following part-time seasonal laborers to part-time effective November 15, 2004:

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

On the question, Councilman Osmanski questioned if this was the complete list of alternates.

Highway Supt. Patrick Finnegan advised that this list was all the alternates, excluding Wayne Mack who was hired at this meeting.

REQUEST FOR STREET LIGHT ON SOUTH AVENUE

Councilman Graber directed Town Engineer George Montz to contact NYSEG regarding pole #1745 on South Avenue and request a proposal for a 150-watt hps luminaire and arm for that pole. Rine’s Gymnastics was located directly across the street from this pole and there was a small driveway with ditches on both sides. Councilman Graber thought that additional lighting was necessary to eliminate a dangerous situation.

ARTICLE 78 PROCEEDING FOR 451 MEYER ROAD

Councilman Osmanski stated that the board members were in receipt of a memo from Deputy Town Attorney William Bond regarding an Article 78 Proceeding for a special permit application for 451 Meyer Road. The special permit was for a billboard at that location, however, the Town Board had placed a moratorium on billboards while they were working on the Master Plan. Councilman Osmanski thought that the town had a defensible position because they were actively reviewing the ordinance and it was proper to hold off on holding a public hearing on this item.

Town Attorney Tim Greenan stated that the petitioner had filed an Article 78 in front of Judge Sedita, and he may order that the Town Board hold a public hearing, but the board would not be required to take immediate action on it. He would speak to Mr. Bond regarding this matter.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BUCKLE UP NEW YORK GRANT

Motion by Councilman Bove, seconded by Councilman Osmanski, to authorize the Supervisor to execute the amended 2004-2005 Buckle Up New York (BUNY) grant #PT-1574026, noting that the Town of West Seneca will receive $9000 to enforce safety restraint violation throughout various specified time frames during the grant period of October 1, 2004 through September 30, 2005.

COUNCILMAN BOVE ASSIGNED TO COMMITTEES

Supervisor Clark assigned Councilman Bove to the following committees:

SUPERVISOR COMMENTS ON TOWN BOARD’S DECISION

Supervisor Clark commented that leadership sometimes came at a cost and the board members could not please 100 percent of the people all the time. Supervisor Clark found this meeting rather difficult because although he sympathized with many of the people who were disappointed about the use of the Senior Citizens Center, the board members had to make the best decision.

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