PROBLEMS OF THE PUBLIC

PROPERTY MAINTENANCE AT OCCHINO PAVING

Mary Holl, 21 Stephenson Street, presented a petition signed by residents of Stephenson Street who had complaints about Occhino Paving Corporation located at 2650 Seneca Street (formerly McCaskey Lumber). The residents raised the following concerns: air pollution, no solid barrier between the properties, unpaved driveways, visual filth, construction garbage, noxious odors, early morning noise (5 A.M.), abandoned vehicles, diminishing wildlife and natural foliage. The residents were not opposed to business but felt that a business had a responsibility to the residents, and Occhino Paving was pushing the ordinance and offered no neighborly consideration. Mrs. Holl wanted the business to succeed, but not at the expense of the neighbors, and she wanted the quality of life back in her neighborhood.

Building Inspector Bill Czuprynski stated that he had sent a letter to Occhino Paving last Wednesday and gave them two weeks to clean up the property and get rid of the abandoned and junk vehicles. A large barn had fallen down over the winter and a lot of the debris was inside that building. Occhino Paving applied to the Zoning Board of Appeals for a variance for a new building, which should shield the old building. McCaskey Lumber never had a fence, but Mr. Czuprynski suggested that the Town Board direct Occhino Paving to construct an 8-foot fence to screen the property. He noted that fumes could not be prevented and the noise ordinance was liberal, there was no exact time that vehicles could be started. The construction debris and equipment was permitted under the present zoning classification.

Deputy Town Attorney Bill Bond advised that the Zoning Board of Appeals granted a variance to construct a building 10 feet from the side lot line with the stipulation that an occupancy permit not be issued until the fencing was complete to the satisfaction of the Building Inspector.

Linda Alicea, 24 Stephenson Street, commented on the fumes, lack of a fence, and the junk located next to the property line.

Mark Fuoco, 35 Stephenson Street, stated that he had been having problems with Occhino Paving for the past three years. Their dumpster was placed on his property and the employees have urinated on his property. There were dead rats in his back yard and bad fumes coming from the business. Mr. Fuoco asked that Occhino Paving be forced to side the back of their building and construct an 8 to 10 foot fence. He further noted that Occhino Paving had been burying garbage along the railroad tracks.

Mr. Bond suggested that Mr. Fuoco contact the Erie County Health Department who had strict rules and regulations with regard to garbage, debris, and air quality.

Councilman Osmanski questioned the height of the new building that Occhino Paving was constructing.

Mr. Czuprynski responded that they were constructing a pole barn that was at least 12 to 13 feet on the side walls plus the peak.

Councilman Graber directed Mr. Czuprynski to take action and go full force after Occhino Paving and make them obey the law.

Mark Porter, 63 Stephenson Street, stated that his back yard used to be nice, but now it was disgusting. He commented on the trucks that ran at all hours of the morning and night, even on Sundays. Mr. Porter further noted that there was a broken sewer pipe on the property leaking into the ground that he thought should be addressed.

PROBLEMS OF THE PUBLIC

PROPERTY MAINTENANCE AT OCCHINO PAVING    (continued)

Councilman Osmanski stated that the town could make Occhino Paving adhere to the law, but that would not address all the residents' concerns because the property was located in a C-2 zoning, which was a commercial zoning classification. They could make sure the fence was constructed and the abandoned vehicles cleaned up.

Supervisor Clark directed Town Engineer George Montz to investigate the broken sewer pipe on Occhino Paving's property.

Motion by Supervisor Clark, seconded by Councilman Graber, that Occhino Paving Corporation be required to erect an 8-foot solid fence between their property and the residential neighborhood.

On the question, Councilman Graber suggested that no certificate of occupancy be issued unless the abandoned vehicles were removed and he did not want to see them put in the new building.

Councilman Osmanski directed Mr. Czuprynski to ensure that the good or smooth side of the fence was placed toward the neighbors.

Ayes: All

Noes: None

Motion Carried

Mr. Porter questioned if Occhino Paving was allowed to paint vehicles on the property.

Mr. Czuprynski advised that the property was not zoned for that type of work and it had to be done in an enclosed building.

Mr. Bond suggested that Mr. Porter also report the painting activities to the Erie County Health Department.

Ms. Alicea questioned if Occhino Paving could be forced to pave their driveway and if stockpiling was allowed on the property.

Mr. Czuprynski responded that a hard surface driveway would not last with the heavy equipment driving on it, but he could suggest some other type of material to them. He would also try to make them put the trucks near the Thruway. Occhino Paving could stockpile and keep the debris, which was used for fill, and there was no set time that it could remain on the property.

Ms. Alicea requested that the residents be notified and kept informed of any developments with regard to their complaints.

Supervisor Clark asked that the residents give them time and suggested that they return to the June 10th Town Board meeting to review the issues.

Dominic Cutre, 42 Stephenson Street, suggested that Occhino Paving install portable bathrooms on the property to prevent the employees from urinating outside.

Mr. Czuprynski stated that there were bathrooms in the building, so portable bathrooms were not necessary.

Chief Gehen suggested that the neighbors call his department if they witnessed this activity in the future.

Mrs. Holl thanked the Police Department for their quick response to previous complaints.

PROBLEMS OF THE PUBLIC

DEBRIS ON ORCHARD PARK ROAD PROPERTIES

Karen Lucachik, 61 Greenmeadow Drive, presented pictures of properties on Orchard Park Road and specifically referred to Flattery's and the old Moll house that had litter and garbage in their yards. She noted that a lot of the mess had been there for over 10 years and asked that something be done to have the properties cleaned up.

POOPER SCOOPER BAGS

Karen Lucachik, 61 Greenmeadow Drive, referred to the pooper scooper bags that the town had recently purchased for $1800 and thought it was too much to spend on something that she did not believe would be used. Ms. Lucachik suggested that the residents be asked to use their own plastic bags to clean up after their pets.

Supervisor Clark responded that the pooper scooper bags were placed in all the town parks and the residents did use them. He thought the expenditure was warranted.

TREE SURVEY

Karen Lucachik, 61 Greenmeadow Drive, referred to a recent news article stating that the town was considering hiring a consultant for $20,000 to $30,000 to conduct a tree survey. She suggested that this money instead be used to purchase and plant trees to refurbish the streets in town.

LOCATION OF STORM SEWER ON COVE HOLLOW

Dave Ebert, 37 Cove Hollow, stated that when he attempted to install an in-ground pool at his home last year, he found out that a storm sewer was incorrectly located in his yard. Mr. Ebert's survey matched the town's, but the sewer was located in a different place. The developer, Owczarczak Enterprises, told him that this was the town's fault because they should have inspected the sewer. He asked that something be done to resolve the problem.

Town Engineer George Montz advised that Owczarczak Enterprises had licensed land surveyors and it was their responsibility to install the sewer properly. They installed the sewer in the wrong location.

Supervisor Clark suggested that a letter be sent to Owczarczak Enterprises directing them to relocate the sewer.

Deputy Town Attorney Bill Bond thought that they could encourage Mr. Owczarczak to relocate the sewer if they told him the town would not rely on him to do this type of work right in the future.

Mr. Ebert questioned if the sewer could be relocated at the same time that his pool was being installed.

Councilman Osmanski directed Mr. Bond and Mr. Montz to contact Mr. Owczarczak and express the board's dissatisfaction with this matter. He further requested that they report back to the board after communicating with Mr. Owczarczak.

ISSUANCE OF FENCE PERMITS IN SUBDIVISIONS

Remo Fischione, 62 Constitution Avenue, stated that the Building Department was issuing permits for fences in Twin Streams & Nina Heights Subdivisions that should be approved by him according to the deed restrictions in effect.

Building Inspector Bill Czuprynski stated that he would meet with Deputy Town Attorney Bill Bond to discuss the town's jurisdiction over this matter.

PROBLEMS OF THE PUBLIC

PLANTING OF TREES IN NEW SUBDIVISIONS

Remo Fischione, 62 Constitution Avenue, suggested that the Town of West Seneca establish in their Tree Ordinance a section that would allow a builder to pay a designated fee up front for the planting of trees in new subdivisions as per code. This would allow the town to determine the species of the tree and the location.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PROPOSAL FOR ELECTRICAL WORK AT BURCHFIELD CENTER

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept a proposal of $3530 from M/R Simoncelli Electric Inc., 480 Lakeview Avenue, Orchard Park, NY 14127 for furnishing and installing electrical outlets around the outside of the Charles Burchfield building and one in the parking lot.

Ayes: All

Noes: None

Motion Carried

PROPOSAL FOR ELECTRICAL WORK AT SENECA STREET SOCCER COMPLEX

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept a proposal of $4888 from M/R Simoncelli Electric Inc., 480 Lakeview Avenue, Orchard Park, NY 14127 for furnishing and installing step-down transformers at the parking lot lights and electrical outlet receptacles in the three shelters at the Seneca Street Soccer Complex.

Ayes: All

Noes: None

Motion Carried

CLEAN UP OF DEBRIS ON PROPERTIES THROUGHOUT TOWN

Councilman Wroblewski commented on the number of properties throughout the town that were littered with debris and asked that Building Inspector Bill Czuprynski get a head start on making sure that they were cleaned up. He specifically referred to Seneca Street at the Route 400 exit where there were pallets and other debris along the road.

PLACEMENT OF PORTABLE SIGNS

Councilman Wroblewski commented on the number of portable signs going up throughout the town that advertised three or four day events and asked Building Inspector Bill Czuprynski to keep after this.

DRAINAGE PROBLEM ON CHAMBERLIN DRIVE

Councilman Wroblewski referred to a drainage problem at 159 Chamberlin Drive and asked that Town Engineer George Montz suggest a solution to the property owner.

BOND RESOLUTIONS

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the issuance of bonds for the construction, reconstruction, widening or resurfacing, as applicable, of portions of Norwood Drive, Delray Avenue, Kirkwood Drive, and Sunnyside Drive in an amount not to exceed $1,450,000.

Ayes: All

Noes: None

Motion Carried

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the issuance of bonds for reconstruction of the Elmsford Court watermain in an amount not to exceed $40,000.

Ayes: All

Noes: None

Motion Carried

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BOND RESOLUTIONS    (continued)

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the issuance of bonds for construction of an ice control structure in Cazenovia Creek in an amount not to exceed $480,000.

Ayes: All

Noes: None

Motion Carried

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the issuance of bonds for acquisition of various equipment, machinery, apparatus and furnishings for use by the Town Comptroller's Office and Town Police Department in an amount not to exceed $140,000.

Ayes: All

Noes: None

Motion Carried

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the issuance of bonds for acquisition of various machinery and apparatus for construction and maintenance for use by the town Buildings & Grounds Department, Sanitation Department and Highway Department in an amount not to exceed $1,165,000.

Ayes: All

Noes: None

Motion Carried

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the issuance of bonds for reconstruction of one or more artificial swimming pools in an amount not to exceed $170,000.

Ayes: All

Noes: None

Motion Carried

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the issuance of bonds for payment of tax settlements in an amount not to exceed $570,000.

Ayes: All

Noes: None

Motion Carried

BID AWARDS FOR VARIOUS CONSTRUCTION PROJECTS

Motion by Supervisor Clark, seconded by Councilman Osmanski, to award the Norwood Drive Reconstruction Project, Job No. N-0102, to Master's Edge, Inc., 1807 Elmwood Avenue, Buffalo, NY 14207 at their low unit item contract amount of $698,999.

Ayes: All

Noes: None

Motion Carried

Motion by Supervisor Clark, seconded by Councilman Osmanski, to award the Sunnyside Drive Drainage Project, Job No. S-0104, to Buffalo Creek, Inc., 11800 Rt. 20A, Wales Center, NY 14169 at their low unit item contract amount of $36,250.

Ayes: All

Noes: None

Motion Carried

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the Delray Avenue Reconstruction Project, Job No. D-0114, to E & R General Construction, Inc., 38 St. Davids Drive, West Seneca, NY 14224 at their low unit item contract amount of $454,100.

Supervisor Clark abstained from voting on this item because E & R General Construction was a client of an accounting firm that he had a financial interest in.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BID AWARDS FOR VARIOUS CONSTRUCTION PROJECTS    (continued)

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the Elmsford Court Watermain Replacement Project, Job No. E-0117, to E & R General Construction, Inc., 38 St. Davids Drive, West Seneca, NY 14224 at their low unit item contract amount of $33,168.

Supervisor Clark abstained from voting on this item because E & R General Construction was a client of an accounting firm that he had a financial interest in.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to award the Kirkwood Drive Revitalization - Phase 2 Project, Job No. K-0115, to Buffalo Creek Inc., 11800 Rte. 20A, Wales Center, NY 14169 at their low unit item contract amount of $256,596.50.

On the question, Supervisor Clark noted that the Kirkwood Drive and Delray Avenue projects would each receive $90,000 of Community Development Block Grant funding.

Ayes: All

Noes: None

Motion Carried

HEIGHT VARIANCE FOR CERTO BROS.

Motion by Supervisor Clark, seconded by Councilman Graber, to grant a height variance to JTM Distributing d/b/a Certo Bros. for a 142,000 square foot building with a 90-foot elevation plus cooling tower in North America Center with the following stipulations: 1) no lighting on the upper portion; 2) no advertising; 3) building should be painted uniform with the rest of the building in an off-white color.

On the question, Supervisor Clark commented that this was an excellent project for the industrial park and the building would be located where the height would be very unobtrusive.

Ayes: All

Noes: None

Motion Carried

MUNICIPAL CLERK'S WEEK

Supervisor Clark presented a proclamation designating April 28 - May 4, 2002 as Municipal Clerk's Week and extended appreciation to Town Clerk Patricia Wisniewski and all Municipal Clerks for the vital services they perform.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 11:40 P.M.

Ayes: All

Noes: None

Motion Carried

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK