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7-B LEGAL NOTICES
2. (continued)Motion by Supervisor Clark, seconded by Councilman Graber, to close the public hearing.
| Ayes: All | Noes: None | Motion Carried |
Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a rezoning and special permit for property located at 1600 Southwestern Blvd., being part of Lot No. 397, changing its classification from R-60A to C-2(S), for service of alcoholic beverages, and further, issue a Negative Declaration with regard to this project.
On the question, Supervisor Clark welcomed the YMCA to West Seneca and wished them continued success with their project.
| Ayes: All | Noes: None | Motion Carried |
*APPENDICES*
3. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER IMPROVEMENTS TO WEST SENECA WATER DISTRICT NO. 3 CONSISTING OF THE CONSTRUCTION AND REPLACEMENT OF APPROXIMATELY 6300 LINEAR FEET OF 8-INCH PVC WATERMAIN ON THE WEST SIDE OF ORCHARD PARK ROAD BETWEEN RESERVE ROAD AND RIDGE ROAD TOGETHER WITH NECESSARY APPURTENANCES" in the Town of West Seneca, be received and filed.| Ayes: All | Noes: None | Motion Carried |
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
| Ayes: All | Noes: None | Motion Carried |
Town Attorney Tim Greenan stated that the Engineering Department had previously issued a Negative Declaration on this project as an unlisted action. Town Engineer George Montz had completed and filed with the Town Board a preliminary map plan and report for this improvement at a cost of approximately $420,000.
No comments were received from the public.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
| Ayes: All | Noes: None | Motion Carried |
Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize improvements to West Seneca Water District No. 3 consisting of the construction and replacement of approximately 6300 linear feet of 8-inch PVC watermain on the west side of Orchard Park Road between Reserve Road and Ridge Road together with necessary appurtenances.
On the question, Supervisor Clark noted that this was a Special Districts project that would be financed by the residents within West Seneca Water District No. 3 and paid for by bonding.
| Ayes: All | Noes: None | Motion Carried |
4. Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2339 UNION ROAD, BEING PART OF LOT NO. 294, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR A RESTAURANT/BANQUET HALL SERVING ALCOHOLIC BEVERAGES" in the Town of West Seneca, received and filed. (Ralph C. Lorigo, Esq.)
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7-B LEGAL NOTICES
5. Proofs of publication and posting of legal notice: "OF THE ADOPTED LOCAL LAW NO. 1 OF THE YEAR 2001 ENTITLED, 'GOLD STAR TAX EXEMPTION'" in the Town of West Seneca, received and filed.7-C TA BLED ITEM
1. Town Engineer re Bid date for leasing a 2001 Ford Taurus
Motion by Councilman Osmanski, seconded by Supervisor Clark, to remove this item from the table.
| Ayes: All | Noes: None | Motion Carried |
Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date for Tuesday, April 17, 2001 at 10:00 A.M. for receipt of bids on the leasing of a 2001 Ford Taurus.
| Ayes: All | Noes: None | Motion Carried |
7-D COMMUNICATIONS
1. Supervisor Clark re W.S. West Senior High Annual Wellness Run
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve the request of the West Seneca West Senior High Wellness Committee to hold their Fourth Annual Wellness Run on June 2, 2001 beginning at 9:00 A.M. on designated streets in the Town of West Seneca.
| Ayes: All | Noes: None | Motion Carried |
2. Town Attorney re WNY Umpires Association Agreement
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute the 2001 agreement between the Town of West Seneca and the Western New York Umpires Association at a cost of $31 per man, per game officiated, the same cost as last year.
| Ayes: All | Noes: None | Motion Carried |
3. Town Engineer re Seneca Street Soccer Complex, Contract C - Electrical, change order #2
Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve change order #2 for Fischbach & Moore Electric, 235 Metro Park, Rochester, NY 14623 for a net addition of $7229.92 and finalize the total contract at $139,930.69 for the Seneca Street Soccer Complex, Contract C - Electrical, Job No. S-9809.
On the question, Councilman Graber stated that he had spoken with Town Engineer George Montz regarding this addition, and Mr. Montz informed him that there was a lot more work involved than what was specified in the bid. In the future, these items would be better delineated in the bid specs.
| Ayes: All | Noes: None | Motion Carried |
4. Town Engineer re Seneca Street Soccer Complex, Contract C - Electrical, final acceptance
Motion by Councilman Osmanski, seconded by Supervisor Clark, to accept the Seneca Street Soccer Complex, Contract C - Electrical, Job No. S-9809, completed by Fischbach & Moore Electric, 235 Metro Park, Rochester, NY 14623 at a final contract amount of $139,930.69.
| Ayes: All | Noes: None | Motion Carried |
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7-D COMMUNICATIONS
5. Town Engineer re Bid date for Plant 5 Piping Realignment Project
Motion by Councilman Wroblewski, seconded by Supervisor Clark, to set a bid date of May 7, 2001 at 10:00 A.M. for receipt of bids on the Plant 5 Piping Realignment Project, Job No. P-0105.
| Ayes: All | Noes: None | Motion Carried |
6. Town Engineer re Bid date for Seneca Street/Hilldale Avenue/Soccer Complex Traffic Signal Project
Motion by Councilman Wroblewski, seconded by Supervisor Clark, to set a bid date of May 7, 2001 at 10:00 A.M. for receipt of bids on the Seneca Street/Hilldale Avenue/Soccer Complex Traffic Signal Project, Job No. S-0107.
| Ayes: All | Noes: None | Motion Carried |
7. Town Engineer re Bid date for Gervan Drive Reconstruction Project
Motion by Councilman Wroblewski, seconded by Supervisor Clark, to set a bid date of May 21, 2001 at 10:00 A.M. for receipt of bids on the Park Lane/Gervan Drive Reconstruction Project, Job No. G-9707.
| Ayes: All | Noes: None | Motion Carried |
8. Town Engineer re Bid date for Orchard Park Road Watermain Replacement Project
Motion by Councilman Wroblewski, seconded by Councilman Osmanski, to set a bid date of June 4, 2001 at 10:00 A.M. for receipt of bids on the Orchard Park Road Watermain Replacement Project, Job. No. O-9506.
| Ayes: All | Noes: None | Motion Carried |
9. Highway Supt. re Appointment of Sean Farrell as part-time employee
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Sean Farrell as part-time Laborer in the Highway Department at a rate of $6.50 per hour effective April 10, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
10. Highway Supt. re Military leave of absence for Darryl Seibert
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a military leave of absence for Darryl Seibert effective April 2 - 13, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
11. Highway Supt. re Military leave of absence for William Geary
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a military leave of absence for William Geary effective April 23, 2001 through January 1, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Robert C. Hauger as temporary Laborer in the Buildings & Grounds Department effective April 23, 2001 at a rate of $18.51 per hour to fill William Geary's position while he is on military leave and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
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7-D COMMUNICATIONS
12. Highway Supt. re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of the following vouchers for the Highway Department:
| Brute Spring & Equipment (truck repairs) | $1790.68 |
| Fleet Maintenance (truck repairs) | $6826.38 |
| Hy-Grade Distributors, Inc. (janitorial supplies) | $1508.74 |
| Ayes: All | Noes: None | Motion Carried |
13. Chief Gehen re Attendance of Detective Bloom & Officer Morano at NYSDOA 2001 conference
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize D.A.R.E. Officer Dennis Bloom and Police Officer Kenneth Morano to attend the NYSDOA 2001 Conference at the Albany Marriott Hotel, April 26 - 29, 2001 at a total cost not to exceed $815.
| Ayes: All | Noes: None | Motion Carried |
14. Chief Gehen re Attendance of Officers May & Loga at Law Enforcement Traffic Safety Conference
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Police Officers Kenneth May and James Loga to attend the Empire State Law Enforcement Traffic Safety Conference in Colonie, New York, April 17 - 18, 2001 at a total cost not to exceed $195.
| Ayes: All | Noes: None | Motion Carried |
15. Chief Gehen re Purchase of five mobile radios for police vehicles
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of five (5) Kenwood high power 110-watt single head remote mobile radios, Model TK-790HBK at a cost of $1287.75 each, for a total of $6438.75 plus shipping from FM Communications, 1914 Colvin Blvd., Tonawanda, New York, under NYS bid contract #PO52964.
| Ayes: All | Noes: None | Motion Carried |
16. Chief Gehen re Purchase of five consoles for police vehicles
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of five (5) Model SCR14R consoles for the Crown Victoria police cruisers at a cost of $280 each, for a total of $1400 plus shipping from D&R Electronics, 701 Millway Avenue, Concord, Ontario.
| Ayes: All | Noes: None | Motion Carried |
17. Town Justice re Promotional upgrade for Barbara Parisi to Senior Clerk
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to promote Barbara A. Parisi to Senior Clerk, Group 3, Step 1, at an annual salary of $27,100.77 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Ms. Parisi's name appears first on the civil service promotional list.
| Ayes: All | Noes: None | Motion Carried |
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7-D COMMUNICATIONS
18. Youth Director re Status change for Bryan Lawrence to part-time seasonal
Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of Bryan Lawrence from part-time to part-time seasonal effective April 4 - August 4, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
19. Youth Director re Bid award for leased SUV
Motion by Councilman Hicks, seconded by Supervisor Clark, to award the bid for leasing an SUV vehicle to Gillogly Chevrolet at their lease price of $319.28 per month for 39 months and 15,000 miles per year.
On the question, Councilman Hicks noted that the specifications for this vehicle were sent to three dealers, but Gillogly Chevrolet was the only one to formally bid.
| Ayes: All | Noes: None | Motion Carried |
20. Youth Director re Attendance at NYS Corps Collaboration Conference
Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Mark Lazzara, Bryan Lawrence, Michael Szymanski, and the three Freedom Writers to attend the annual NYS Corps Collaboration Conference in Saratoga Springs, New York, April 22 - 24, 2001 at a total cost not to exceed $2230.
| Ayes: All | Noes: None | Motion Carried |
7-E REPORTS
PROBLEMS OF THE PUBLIC
RESIDENT QUESTIONS ORCHARD PARK ROAD WATERMAIN REPLACEMENT
Harold Ecker, 1611 East & West Road, questioned if the cost of the improvements to the watermain on Orchard Park Road would be apportioned throughout West Seneca.
Supervisor Clark responded that the water district was a special district within the town that owned the supply lines to all of the residences from Erie County. The town contracted with the Erie County Water Authority (ECWA) to supply the water and provide maintenance of the lines. The cost of the Orchard Park Road watermain replacement would be spread amongst all the users of West Seneca Water District #3. The approximate cost of the project was $420,000 and this would be bonded over a period of 15 years. Over the 15-year period, the average cost to a homeowner with a 65-foot lot would be less than $10 per year.
Town Engineer George Montz stated that the water line on Orchard Park Road had a very extensive leak history and there were 12 to 15 breaks each year. The ECWA had asked the town for the past several years to replace the lines.
Supervisor Clark noted that the town was required to pay for any repairs made by the ECWA.
DRAINAGE PROBLEM ON FREMONT AVENUE BEHIND TONY ROME'S
Brian Procyshyn, 252 Fremont Avenue, commented on an ongoing water problem that was caused by construction on Tony Rome's parking lot in May 1995. A fence was never put up and the citations were not enforced. Mr. Procyshyn asked for a resolution to this problem.
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PROBLEMS OF THE PUBLIC
DRAINAGE PROBLEM ON FREMONT AVENUE BEHIND TONY ROME'S (continued)
Building Inspector Bill Czuprynski apologized for the delay and stated that he recently reissued the summons and the return date was April 27, 2001. At that time, it would be handled through the court system.
Town Attorney Tim Greenan stated that the town had the ability to issue a summons on a continuing basis if the property owner did not comply. He suggested that Mr. Czuprynski meet with him and the Engineering Department to determine what work was required and what was reasonable.
Mr. Czuprynski stated that Tony Rome's had contracted with a company to do a drainage survey. The drainage survey was completed and approved by the Engineering Department, but it was sent to NYS because there had to be a hookup on Route 400. When NYS got involved they asked for more information and wanted a drainage survey for the entire area. The survey company had the information on computer and could have produced it in a very short time for an additional $500, but he had a difficult time contacting them. If they were to have the survey redone by another company, there would be more cost involved along with additional time. Tony Rome's had contracted with Tiburzi Sewer to do the work and they were ready to begin before NYS got involved.
Town Engineer George Montz stated that NYS was looking for detention on Tony Rome's property. He had talked to them in an attempt to help the situation along, but the engineering firm had to revise their drawings so they could be submitted to NYS.
Supervisor Clark commented on the patience Mr. Procyshyn had in waiting for this problem to be resolved and directed Mr. Czuprynski to continue issuing summonses, stay on top of the situation, and follow through.
Mr. Greenan stated that if Mr. Czuprynski was going to continue issuing summonses, they should meet with the property owner and talk to him about a clear action plan to get the proper drainage installed this season by a specified date.
Mr. Procyshyn noted that Tony Rome's had still not put up a fence between the commercial and residential properties.
Mr. Czuprynski understood that the former owner of the property had approached the abutting property owners and they did not want a fence. A fence was constructed along the area where the new parking lot was installed.
Mr. Montz cautioned against constructing the fence before the drainage work was done because part of the drainage and grading work would be along the lot line and the fence would complicate things.
Councilman Hicks stated that he wanted to be involved in the meeting with the property owner and would report back to the other board members and Mr. Procyshyn with the results of that meeting.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
STATUS CHANGE FOR RECREATION EMPLOYEES TO PART-TIME SEASONAL
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of the following part-time employees to part-time seasonal effective April 1 - May 26, 2001:
| Recreation Leader Robert Pyle Michael Salamone Recreation Attendant Jason Bak |
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
COMPLAINT FROM RESIDENT REGARDING BFI PICKUP
Councilman Osmanski referred to Highway Supt. Pat Finnegan a complaint from Roy Suarez of 50 Columbia Pkwy. that BFI did not collect the cardboard he and his neighbors had put out because it was wet.
Mr. Finnegan responded that BFI normally picked up cardboard even if it was wet. He would check with BFI and contact Mr. Suarez.
EXCESSIVE SPEED AND LOUD MUSIC ON CHAMBERLIN DRIVE
Councilman Hicks referred to Chief Gehen a complaint from a resident of Chamberlin Drive with regard to kids driving at excessive speed up and down her street with loud music playing in their cars at about 10 or 11 P.M.
Chief Gehen responded that he would have an officer patrol the area.
PUBLIC HEARING ON REGULATING TRAFFIC IN FRENCH QUARTER MOBILE HOME PARK
Motion by Councilman Graber, seconded by Councilman Wroblewski, to schedule a public hearing for Monday, May 14, 2001 at 7:30 P.M. to consider the adoption of a proposed ordinance regulating traffic on the roadways of the French Quarters Mobile Home Park under the Vehicle and Traffic Law of the State of New York.
On the question, Councilman Graber stated that the Police Department had no authority to enforce traffic laws on privately owned property, but last August Governor Pataki passed a law allowing municipalities to adopt ordinances that would permit their police departments to enforce traffic laws as defined by the ordinance. The proposed ordinance would define stop intersections, speeding, no parking, etc. in the mobile home park. There were 216 homes in the park and the residents had been pushing for a long time to have this law adopted.
| Ayes: All | Noes: None | Motion Carried |
PUBLIC HEARING ON RELOCATION OF D. DONATO ASSOCIATES
Motion by Supervisor Clark, seconded by Councilman Osmanski, to schedule a public hearing for May 14, 2001 at 7:30 P.M. pursuant to General Municipal Law, Article 18-b, §959aiii, to solicit comments regarding the relocation of D. Donato Associates, P.E., P.C. located at 3121 Clinton Street, Suite 5, West Seneca, New York, into the City of Buffalo Empire Zone, Economic Development Zone.
On the question, Supervisor Clark stated that D. Donato Associates would like to relocate to the City of Buffalo, but because they originally moved into a building that received economic incentives from the Erie County Industrial Development Agency, the town had to hold a public hearing and sign off. Supervisor Clark stated that the owners and other development officials had spoken with him regarding this move, and while West Seneca would be losing the business, they were still going to remain in Buffalo.
| Ayes: All | Noes: None | Motion Carried |
NEGATIVE DECLARATION FOR SENIOR CITIZENS APARTMENT BUILDING
Town Attorney Tim Greenan stated that the Town Board had adopted a resolution at its January 8, 2001 meeting approving a request from Belmont Shelter Corporation for a special permit for property located at 745 Indian Church Road for a 50-unit senior citizen apartment building. As an oversight, the board neglected to issue a Negative Declaration on this project.
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
NEGATIVE DECLARATION FOR SENIOR CITIZENS APARTMENT BUILDING (continued)
Motion by Supervisor Clark, seconded by Councilman Graber, to issue a Negative Declaration with regard to the proposal from Belmont Shelter Corporation for a 50-unit senior citizen apartment building located at 745 Indian Church Road, noting that the project as outlined would not have a significant impact on the environment.
| Ayes: All | Noes: None | Motion Carried |
ADJOURNMENT
Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 10:30 P.M.
| Ayes: All | Noes: None | Motion Carried |
PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK