PROBLEMS OF THE PUBLIC

PROPERTY MAINTENANCE ON ORCHARD PARK ROAD

Anthony Patronaggio, 775 Orchard Park Road commented on the tall grass at the corner of Orchard Park Road and Ridge Road that was obstructing vision and asked that it be cut down. He also stated that he had contacted the New York State Department of Transportation (NYSDOT) three years ago with regard to the ditch in front of his home, but the problem still existed.

Highway Supt. Pat Finnegan advised that the intersection of Orchard Park Road and Ridge Road was a state intersection. Although the NYSDOT had been trying to get the town to take over their roadside mowing operation, the Highway Department had not yet agreed to this because they did not have the equipment and the work would have to be done by manpower.

Supervisor Clark suggested that Mr. Finnegan communicate with NYSDOT and inform them that there had been complaints from residents and until an arrangement was made, the state was expected to maintain their property.

Mr. Finnegan stated that he would contact NYSDOT tomorrow morning regarding the tall grass at the corner of Orchard Park Road and Ridge Road and also inform them of Mr. Patronaggio's complaint about the ditch in front of his house.

Mr. Patronaggio further commented on the lot next to the gas station at the corner of Orchard Park Road and Ridge Road and asked that it be maintained.

Supervisor Clark directed Building Inspector Bill Czuprynski to contact the owners of this property and advise them that they were in violation of the town's Brush, Grass & Weed Ordinance. If the property was not maintained in a reasonable amount of time, the town would hire someone to maintain it and charge the cost back to the property owner.

OUTSIDE STORAGE OF LUMBER AT HOME DEPOT

Anthony Patronaggio, 775 Orchard Park Road questioned if Home Depot was permitted to store lumber in their parking lot.

Mr. Czuprynski advised that Home Depot had obtained a variance from the Zoning Board of Appeals to store some fencing outside behind the building and some sheds along Langner Road. He would check on Mr. Patronaggio's complaint of lumber being stored in the parking lot.

NEIGHBOR COMPLAINTS ON 785 ORCHARD PARK ROAD

Anthony Patronaggio, 775 Orchard Park Road commented on the house at 785 Orchard Park Road that had an in-ground swimming pool with no fence around it. There was also stagnant water in the pool that was attracting mosquitoes.

Building Inspector Bill Czuprynski stated that he would investigate Mr. Patronaggio's complaint.

Joe Syracuse, 795 Orchard Park Road also commented on the house at 785 Orchard Park Road and stated that it was sold in February 2001. The house was painted pink and it was presently unoccupied, but he understood that handicapped people would be living in it. Mr. Syracuse questioned if they were permitted to paint a house pink.

PROBLEMS OF THE PUBLIC

NEIGHBOR COMPLAINTS ON 785 ORCHARD PARK ROAD    (continued)

Supervisor Clark advised that there was no ordinance that addressed the color a house could be painted. He was not aware of any authorized group home locating on Orchard Park Road, but if they were they would have to notify the town.

Councilman Graber noted that typically they would notify the town prior to closing on the house, but there was no approval process required for operation of a group home.

Supervisor Clark directed Building Inspector Bill Czuprynski to investigate this situation and report back to the board and Mr. Syracuse.

DRAINAGE PROBLEM ON GREENMEADOW DRIVE

Steve Zachau represented his mother-in-law, Eleanor Kropovitch of 160 Greenmeadow Drive, and commented on a drainage problem she was having due to her neighbor's sump pump draining on her property. The water had gotten under the concrete driveway causing it to crack in the winter and the back yard was flooded. Mr. Zachau presented pictures of the property in question.

Principal Engineer Assistant Gary Bommer stated that he was familiar with this situation and noted that the neighbor's sump pump drained onto her own property before it ran onto the property at 160 Greenmeadow Drive. Also, most of the drainpipes on the houses drained directly on top of the ground, and very few tied into the storm sewers. Any that could be tied in would help the problem.

Building Inspector Bill Czuprynski stated that there was no rear yard drainage in this area and Mrs. Kropovitch was at the end where all the water collected. The Engineering Department had tried to help the property owner behind Mrs. Kropovitch and show her where drain tile needed to be installed, but she never followed through. Mr. Czuprynski had issued the neighbor a summons and she was scheduled to appear in court next Friday to answer the complaint. He did not know if there was any law being broken and would let the Judge decide.

Mrs. Kropovitch noted that the neighbor dug a ditch on her property.

Councilman Graber suggested that Mr. Czuprynski present this information to the Judge. He also questioned if Mrs. Kropovitch had any problem prior to this.

Mrs. Kropovitch responded that she did not have a problem with her concrete driveway until the neighbor moved the sump pump from the back of the house to the side.

Deputy Town Attorney Bill Bond thought that this could be considered a private nuisance and suggested that Mrs. Kropovitch contact an attorney for legal assistance.

STATUS OF SENECA MALL SITE CLEAN UP

Bruce White, 45 Kirkwood Drive, questioned the status of the injunction against the owners of the Seneca Mall site.

Deputy Town Attorney Bill Bond advised that the purpose of an injunction was to enjoin the owner from violating the law, but the process could take six months to a year and when the property was cleaned up they could start all over again and a new action would have to be started. After considering this, the board decided to propose an amendment to the Property Maintenance Ordinance requiring that if a property owner received notification from the town and did not clean up their property, a hearing would be scheduled before the Town Board. The property owner would be given ten days after the hearing, and if the work was not done, the town would either do it in-house or contract out and charge the cost back to their taxes. This procedure would also allow the town to notify the last person on the assessment roll. With a court injunction, there had to be personal service on the owners. Pyramid did not actually own the Seneca Mall property, but had a sub-corporation and it was difficult to find the owners. Mr. Bond thought that the procedure described in the amendment would be more expeditious.

PROBLEMS OF THE PUBLIC

STATUS OF SENECA MALL SITE CLEAN-UP    (continued)

Councilman Wroblewski stated that last Wednesday Building Inspector Bill Czuprynski met with the contracting firm who was contracted to do some of the work at the site and informed them of the amendment that was pending. The work was starting to be done and four of the nine citations had been addressed.

Mr. Czuprynski stated that they had started to clean up the property and cut the grass. Some of the fence had been replaced and they would be replacing more. The brush on top of the mounds of dirt would be bulldozed and they had begun to gate the areas at the rear so there would be no more dumping. Mr. Czuprynski thought that the property should be cleaned up of everything within the next two weeks.

Councilman Graber noted that the proposed amendment to the ordinance would not only be used for this incident with Pyramid, but anyone else who violated the ordinance.

PARKING ON SIDEWALKS PROHIBITED

Clifford Dusch, 109 Cambridge Avenue, questioned if there was an ordinance prohibiting vehicles from parking across sidewalks.

Chief Gehen advised that according to the NYS Vehicle & Traffic Law, vehicles were not permitted to obstruct sidewalks in any way. He suggested that Mr. Dusch contact the Police Department if he encounters a problem with this.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ENERGY PERFORMANCE CONTRACT WITH SIEMENS BUILDING TECHNOLOGIES

Motion by Councilman Graber, seconded by Supervisor Clark, to authorize the Supervisor to enter into an energy performance contract with Siemens Building Technologies Inc. in a form approved by the Town Attorney and subject to final financing and lease approval by the Comptroller.

On the question, Councilman Graber stated that this was the second component of the energy management program that would reduce the amount of energy used at town facilities. The cost of the project was $605,000. After installation of facility improvement measures the town would realize a total energy savings of $808,000 and an associated maintenance savings of $114,000 for a total savings of $923,000 over a ten-year period. In addition, the town was awarded an energy research and development grant from New York State totaling approximately $100,000. Councilman Graber stated that not only would this project pay for itself, at the end of the ten-year period the town would have benefited by $155,000. Siemens would provide construction management and employee training at no additional cost. Higher energy efficient lighting would be installed along with some aspects of the heating and air conditioning system, new walls on the ice rink and a special ceiling to keep in the cool air.

Councilman Wroblewski commended Councilman Graber on his efforts with the energy management program and felt that the other towns would be following his initiative when they became aware of the savings that could be realized. He further complimented Town Attorney Tim Greenan and Comptroller Chuck Koller for their hard work and assistance with the program.

Councilman Graber also thanked Highway Supt. Pat Finnegan who was involved since the beginning of the project. Mr. Finnegan took Siemens to all the town facilities, explained the town's present equipment, and would be responsible for the operation of new equipment.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

STATUS OF COMPLAINT ON TAMPA DRIVE

Councilman Osmanski questioned the status of a complaint on Tampa Drive.

Building Inspector Bill Czuprynski responded that the property owner had been in to his office and had taken care of some of the problems. He would follow up on the situation and report back to the board.

STATUS OF COMPLAINT ON DUERSTEIN STREET

Councilman Osmanski questioned the status of a complaint on Duerstein Street.

Building Inspector Bill Czuprynski responded that the property owner was cited and was scheduled to appear in court next Friday.

UPDATE ON TONY ROME'S DRAINAGE SITUATION

Councilman Osmanski requested an update on the drainage situation at Tony Rome's.

Councilman Hicks stated that a letter was received from the owner, Mr. Sorrentino, requesting additional time to allow the contractor to visit the site. The town responded to Mr. Sorrentino's letter and advised him that he had six weeks to get the work started. A letter was also forwarded to the residents in that area to update them on the situation.

RESIGNATION OF ANTHONY NIGRO FROM ZONING BOARD OF APPEALS

Motion by Councilman Hicks, seconded by Supervisor Clark, to accept the resignation of Anthony Nigro from the Zoning Board of Appeals effective July 15, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

APPOINTMENT OF MARGARET MCLAUGHLIN TO ZONING BOARD OF APPEALS

Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Margaret McLaughlin to the Zoning Board of Appeals, effective July 16, 2001 through November 23, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

APPOINTMENT OF ANTHONY NIGRO TO WEST SENECA PLANNING BOARD

Motion by Councilman Hicks, seconded by Councilman Wroblewski, to appoint Anthony Nigro to the West Seneca Planning Board for a seven-year term effective July 16, 2001 through June 4, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

BEST WISHES TO JOHANNA BRACIAK

The board members offered Johanna Braciak their best wishes in her future endeavors as she left her position as West Seneca Bee reporter.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:00 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC

TOWN CLERK