West Seneca Town Board Minutes 07/24/2006
Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance. ROLL CALL: Present -
Absent - None Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. The meeting was dedicated to the memory of Vance J. Scioli, Pasquale A. Marrano, Margaret M. Gaughan, Elizabeth J. Unger, Jack J. Veach, and Stanley B. Franczyk. 10-A MINUTES TO BE APPROVED
TERMINATION OF MICHAEL RYBAK AS PART-TIME PUBLIC SAFETY DISPATCHER Motion by Councilman Osmanski, unanimous second, to accept the resignation of Michael G. Rybak and terminate him as part-time Public Safety Dispatcher effective August 7, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
APPOINTMENT OF MICHAEL RYBAK AS POLICE OFFICER TEMPORARY Motion by Councilman Osmanski, unanimous second, to appoint Michael G. Rybak, as Police Officer Temporary effective August 7, 2006 at an annual salary of $43,813.38 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Supervisor Clark stated that Mr. Rybak served as a Public Safety Dispatcher with great distinction and works well under pressure. Chief Gehen thinks very highly of Mr. Rybak and he has proven himself to be of high character.
10-B LEGAL NOTICES 1. Motion by Councilman Osmanski, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1492 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 395, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR SERVICE OF ALCOHOLIC BEVERAGES” in the Town of West Seneca, be received and filed. (Eleanor M. Bullard)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its June 21, 2006 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1492 Southwestern Blvd., being part of Lot No. 395, changing its classification from C-2(S) to C-2(S), for service of alcoholic beverages, conditioned upon an amended legal description being submitted to the Town Attorney’s office prior to the public hearing with the Town Board and noting that said legal description shall delineate the restaurant, bar, and parking area extending out to Southwestern Blvd. as indicated on the site plan.” Mr. Greenan thought that the intent of the Planning Board was to limit the service of alcoholic beverages to the dining room and bar area and not allow it in the storage area. This would be to prevent future expansion of the size of the facility without review and approval of the Planning Board and Town Board. Mr. Greenan stated that he was in receipt of a letter from Eleanor Bullard dated July 18, 2006 attempting to amend the legal description for the project. He suggested that rather than modify the legal description, if the Town Board chose to approve the special permit, a condition be added to the motion limiting the service of alcoholic beverages to the bar and dining room areas as shown on the application submitted. Eleanor Bullard, 280 Woodward Drive, stated her proposal to convert her small convenience store at 1492 Southwestern Blvd. into a bar. She noted that the store was not profitable and hoped that the bar would enhance the dining room of her pizzeria at the same location. Councilman Bove questioned if the existing business was compliant with building codes, including the outside grease trap. Code Enforcement Officer William Czuprynski responded that the existing business was compliant with the building codes. Councilman Hicks questioned if only the existing store would be used as a bar and if there were any plans for an outdoor patio. Mrs. Bullard responded that only the existing store would be used as a bar. The storage area would not be part of the bar and there would be no service of alcoholic beverages on the patio. Beer and wine were currently being sold in the store and dining room, but she would like to have a full service bar. Councilman Hicks questioned if the bar had any affect on the parking requirements. Mr. Czuprynski stated that the project would have to meet the parking requirements and he assumed that the Planning Board had reviewed that. No comments were received from the public. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
10-B LEGAL NOTICES 1. (continued) Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the request for a special permit for property located at 1492 Southwestern Blvd., being part of Lot No. 395, changing its classification from C-2(S) to C-2(S), for service of alcoholic beverages, conditioned upon the sale of alcoholic beverages being limited to the dining room and bar area as indicated on the interior plan submitted with the application. On the question, Councilman Hicks stated that he lives in the neighborhood of Mrs. Bullard’s pizzeria and he was not aware of any complaints or problems. He wished her continued success in the bar business.
*APPENDICES* 2. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 201 INDIAN CHURCH ROAD, BEING PART OF LOT NO. 195, FOR A GIFT SHOP/INTERNET SALES” in the Town of West Seneca, be received and filed. (Eldon & Margaret Greene)
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its June 21, 2006 meeting, the Planning Board recommended approval of the request for a home occupancy permit for property located at 201 Indian Church Road, being part of Lot No. 195, for a gift shop/Internet sales, conditioned upon the use being limited to catalog sales and resales with limited display of catalog items on the premises.” Eldon Greene, 201 Indian Church Road, stated that his business was an Internet based operation with catalog sales. They were proposing to do home parties also and wanted a small display area to show potential customers the quality of their merchandise. They would also be engaging in fundraising for local organizations and wanted the display area to show what products they had to offer. Mr. Greene estimated that 99 percent of the business was Internet based. Councilman Graber questioned if Mr. Greene planned on having any signs to advertise the business. Mr. Greene responded that he did intend to post a small 2’ x 2’ sign if approved. Councilman Bove questioned if products would be brought to the business or if they were drop shipped to the purchaser. Mr. Greene responded that products would be drop shipped by the wholesaler to the purchaser, unless there was a special request for him to deliver an order. No comments were received from the public. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
10-B LEGAL NOTICES 2. (continued) Motion by Supervisor Clark, seconded by Councilman Graber, to approve the request for a home occupancy permit for property located at 201 Indian Church Road, being part of Lot No. 195, for a gift shop/Internet sales, conditioned upon the use being limited to catalog sales and resales with limited display of catalog items on the premises and no sign on the property. On the question, Councilman Graber anticipated that Internet sales would grow and more and more people were working out of their home without impacting the neighbors. However, signs would have an impact on a residential neighborhood and Councilman Graber thought they should be eliminated on all home based businesses. Councilman Osmanski agreed and stated that he thought the sign would be the only intrusion on the residential neighborhood.
*APPENDICES* 3. Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF ONE PICKUP TRUCK, ONE TRAILER, CERTAIN SOCCER FIELD MAINTENANCE EQUIPMENT ALONG WITH RENOVATIONS TO THE MAINTENANCE BUILDING, AND COMPUTER EQUIPMENT AND COMPUTER UPGRADES; ESTIMATING THAT THE TOTAL COST THEREOF IS $251,537 IN SERIAL BONDS OF THE TOWN TO FINANCE THESE VARIOUS PUBLIC IMPROVEMENTS; APPROPRIATING SAID AMOUNTS THEREFORE; AND AUTHORIZING THE ISSUANCE OF $251,537 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION” in the Town of West Seneca, received and filed. 10-C COMMUNICATIONS 1. Town Attorney re Public hearing for Seneca Creek Road Watermain Project Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for August 14, 2006 at 7:30 P.M. to consider an increase and improvement of the facilities of West Seneca Water District No. 1, consisting of the construction and replacement of approximately 9300 lineal feet of 8-inch pvc watermain on the north side of Seneca Creek Road, complete with hydrant and valve assemblies, other appurtenances, and restoration, at an estimated total cost of $700,000.
2. Town Attorney re Public hearing for Leydecker Road Watermain Project Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for August 14, 2006 at 7:30 P.M. to consider an increase and improvement of the facilities of West Seneca Water District No. 3, consisting of the construction and replacement of approximately 3000 lineal feet of 8-inch pvc watermain on Leydecker Road, at an estimated total cost of $0 due to bartering with the State of New York.
10-C COMMUNICATIONS 3. Town Attorney re Public hearing for East Center Road Sanitary Sewer Project Motion by Councilman Osmanski, seconded by Supervisor Clark, to schedule a public hearing for August 14, 2006 at 7:30 P.M. to consider an increase and improvement of the facilities of West Seneca Sewer District No. 13, consisting of the abandonment of an existing pump station by bypassing it with approximately 1150 lineal feet of 8-inch pvc (gravity) sanitary sewer, 980 lineal feet of 12-inch hdpe storm sewer, related structures and other appurtenances and restoration along East Center Road, at an estimated cost of $280,000.
4. Town Attorney re Negative Declaration for Seneca Creek Road Watermain Project Motion by Councilman Osmanski, seconded by Councilman Hicks, to issue a negative declaration of environmental impact pursuant to SEQRA for the Seneca Creek Road Watermain Project based on the Engineering Department’s short environmental assessment form.
5. Town Attorney re Negative Declaration for Leydecker Road Watermain Project Motion by Councilman Osmanski, seconded by Councilman Hicks, to issue a negative declaration of environmental impact pursuant to SEQRA for the Leydecker Road Watermain Project based on the Engineering Department’s short environmental assessment form.
6. Town Attorney re Negative Declaration for East Center Road Sanitary Sewer Project Motion by Councilman Osmanski, seconded by Councilman Bove, to issue a negative declaration of environmental impact pursuant to SEQRA for the East Center Road Sanitary Sewer Project based on the Engineering Department’s short environmental assessment form.
7. Town Attorney re Bond Resolutions Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the acquisition of one baseball diamond groomer and replacement of the floor of the town’s library, estimating that the total cost thereof is $67,548 in serial bonds of the town to finance these various public improvements; appropriating said amounts therefore, and authorizing the issuance of $67,548 in serial bonds of the town to finance said appropriation.
10-C COMMUNICATIONS 7. Town Attorney re Bond Resolutions (continued) Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the acquisition of various vehicles for use by the town’s Sanitation, Sewer and Highway Departments and the reconstruction and repaving of certain roads, estimating that the total cost thereof is $3,384,650 in serial bonds of the town to finance these various public improvements, appropriating said amounts therefore, and authorizing the issuance of $3,384,650 in serial bonds of the town to finance said appropriation.
8. Town Engineer re Bid award for 2006 Sanitary Sewer Rehabilitation Project Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the 2006 Sanitary Sewer Rehabilitation Project, Job No. S-0608, to Insituform Technologies, Inc., 702 Spirit 40 Park Drive, Chesterfield, Missouri 63005, at their low unit-item contract amount of $304,778 and authorize the Supervisor to sign the contract documents.
9. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $4319.58 to K & S Contractors Supply Inc. for work on Briarwood Drive.
10. Highway Supt. re Appointment of Zachary Dzierba as summer help in Highway Dept. Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Zachary Dzierba as summer help in the Highway Department at a rate of $6.75 per hour effective July 25 – September 4, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried11. Highway Supt. re Disposal of equipment Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Highway Supt. Finnegan to dispose of the following equipment that is no longer in service:
10-C COMMUNICATIONS 12. Highway Supt. re Bid date for purchase of two sanivans Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of August 18, 2006 at 10:00 A.M. for receipt of bids on the purchase of two (2) sanivans for the Sanitation Department.
13. Highway Supt. re Bid date for purchase of infield groomer Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of August 18, 2006 at 10:15 A.M. for receipt of bids on the purchase of an infield groomer for the Buildings & Grounds Department.
14. Highway Supt. re Purchase of four dump trucks with plow equipment Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of four (4) dump trucks with plow equipment off the current New York State contract from Regional International of WNY Inc., 1007 Lehigh Station Road, Henrietta, NY 14467, at a total cost of $428,579.60.
15. Highway Supt. re Purchase of Toro Workman Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of a Toro Workman off the New York State contract from Grassland Equipment and Irrigation Corporation, 892-898 Troy-Schenectady Road, Latham, NY 12110, at a total cost of $15,000.
16. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $5720 to SCL A1 Plastics Ltd. for 1000 recycling boxes and $5483.61 to Lakeside Sod for ball diamond mix.
17. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $5700 to Delacy Ford for patrol vehicle #26 that was totaled in an accident on May 31, 2006 and was to be part of a trade-in for the 2006 police vehicle purchase.
18. Town Clerk re Appointment of Megan Paluch as part-time seasonal clerk Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Megan Paluch, as part-time seasonal clerk effective July 25, 2006 through December 25, 2007 at a rate of $6.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10-C COMMUNICATIONS 19. Recreation Supervisor re Status change for Van Driver James Pjontek to part-time seasonal Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of part-time Van Driver James Pjontek to part-time seasonal effective July 31 – December 29, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Recreation Director re Termination of Kari Langdon as part-time clerk typist Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Kari Langdon, as part-time Clerk Typist effective July 10, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
21. Recreation Director re Part-time seasonal employees Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate the following part-time employees: Lifeguard Recreation Attendant and appoint the following as part-time seasonal employees effective June 26 – September 30, 2006:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
22. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $4500 to Foremost Fitness for fitness equipment at the West Seneca Senior Citizens Center. On the question, Councilman Bove noted that the town had an excellent opportunity to purchase eight pieces of used, commercial grade equipment for the senior’s fitness center from Foremost Fitness, who was going out of business.
10-C COMMUNICATIONS 23. Youth Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2246 to Kotecki’s Grandview Grove for the West Seneca Youth Bureau Banquet.
24. Elizabeth Simons re Status change for Paulette Krakowski to part-time seasonal Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of Paulette Krakowski, to part-time seasonal effective July 2 – September 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10-D REPORTS ISSUES OF THE PUBLIC FREEDOM OF INFORMATION REQUEST Dale Clarke, 379 Indian Church Road, commented that the taxpayers had a right to know what they were paying Supervisor Clark annually along with fringe benefits. He had requested this information three months ago and at the last meeting Town Attorney Timothy Greenan stated that he would respond to the request. Mr. Clarke referred to Supervisor Clark’s salary in 2003 of $4779 for Budget Officer and commented that he thought there was no compensation for the Budget Officer. Supervisor Clark responded that there was always a compensation for Budget Officer. Mr. Clarke questioned why nothing was listed on the information he received from Deputy Town Attorney Paul Notaro and also questioned why Mr. Greenan had not responded. Mr. Greenan stated that Mr. Notaro was the Freedom of Information officer and Mr. Clarke’s request was referred to him. He further advised that the purpose of the Freedom of Information Law was to request documents and the municipality had to provide copies of the documents if they existed. For example, they could provide a copy of the White Collar contract. DRAINAGE EASEMENT ON PINE VALLEY COURT Attorney Mark Adrian stated that he represents Robert & Jeanette Stacy of 18 Pine Valley Court. The Stacy’s wanted to erect a fence to contain their dog and for security purposes. They approached the Building Department for a permit, but were sent to the Engineering Department because there was a 15-foot wide permanent drainage easement along the side lot line. If they were to put the fence along the lot line but closer to the house, they would have more than seven feet of their property outside the fence. They also wanted to continue the fence along the back, but there was a 25-foot wide private drainage easement across the back of the property. The Engineering Department told the Stacy’s that they could not put up a fence. Mr. Adrian suggested that the town refer this issue to the Town Attorney to work out an agreement wherein the Stacy’s would be responsible for any costs of removal or demolition of the fence in the event the town needed to service the drainage easement.
ISSUES OF THE PUBLIC DRAINAGE EASEMENT ON PINE VALLEY COURT (continued) Supervisor Clark suggested that Mr. Adrian speak with Town Attorney Timothy Greenan and Deputy Town Attorney Paul Notaro to determine whether there was some resolution to this matter, but noted that there were some standard access policies that were important to the infrastructure and engineers who had to handle the public easements. REQUEST FOR FENCE AT HOY FUNERAL HOME Michael Lowe, 98 Southgate Drive, referred to his previous request for fencing between Hoy Funeral Home and the residential properties on Southgate Drive. The town’s opinion at that time was that the funeral home was grandfathered with regard to the town ordinance that requires screening between commercial and residential property. Mr. Lowe accepted this opinion, but stated that Mr. Enos, the owner of Hoy Funeral Home, was allowing a landscape company owned or run by his son to store trailers and other equipment on the property and in the garage behind the funeral home. He presented pictures of the trailer and stated that one of the trailers often had debris and grass clippings in it over several days. In addition, there was storage of personal, seasonal automobiles, watercraft, snowmobiles, and other non-business related items in the garage. Mr. Lowe and his wife had been awakened on several occasions in the middle of the night when jet skis and snowmobiles were being picked up or dropped off. He questioned if a business could utilize storage space for items other than those necessary and belonging to that business. Town Attorney Timothy Greenan thought that the answer to this question would depend on what the zoning was for the property and the adjoining property. Generally businesses could store things on their property, but they would have to look at the particular zoning district and the history of the property. Code Enforcement Officer William Czuprynski would have to make this determination. Mr. Lowe further complained about Mr. Enos pushing snow over the rise behind the parking lot and did not believe that four receivers were sufficient to handle the watershed. Supervisor Clark referred this matter to Mr. Czuprynski for his investigation and review. LOUD MUSIC AT NICKEL CREEK CAFÉ Ruck Marino, 4713 Clinton Street, referred to the problems at Nickel Creek Café and stated that he called the police five times since the last Town Board meeting, but there was no resolution because they could not stop the music when the speakers were inside the building. Mr. Marino questioned how many times in the last year the town had suspended an alcohol permit. Town Attorney Timothy Greenan responded that the State Liquor Authority regulated alcohol permits and the town had no authority to suspend a permit. Mr. Marino questioned if a letter from Supervisor Clark to the State Liquor Authority would help. Supervisor Clark did not know if a letter from him would help and noted that the State Liquor Authority operated very independently and autonomously. Mr. Marino commented that the police should be equipped with a meter to measure sound decibels.
ISSUES OF THE PUBLIC LOUD MUSIC AT NICKEL CREEK CAFÉ (continued) Chief Gehen stated that the Noise Ordinance prohibited unreasonable noise from 11 P.M. until 7 A.M. His department had responded to 11 calls at the Nickel Creek Café since June 1st for disturbance, loud music, customer trouble, an accident, and parking. There were also three premise checks, which the patrol officers initiated on their own and there was no loud music or problems at those times. Councilman Graber questioned if the inside speakers were positioned so the music traveled outside to the patio. Chief Gehen responded that he had referred this to Code Enforcement Officer William Czuprynski for his investigation and interpretation of the ordinance. Councilman Hicks questioned if there was a decibel level specified in the ordinance. Chief Gehen responded that the Noise Ordinance did not specify a decibel level. The officers had decibel meters in their vehicles, but they were geared more toward vehicle and traffic noise. Councilman Bove suggested that they review the Noise Ordinance and determine an acceptable noise level based on what other towns used. She further questioned if the police calls were reported to the State Liquor Authority. Chief Gehen stated that if an arrest is made at an establishment that serves liquor a copy of the report is forwarded to the State Liquor Authority with a referral for them to look at the establishment. Other complaint calls were generally not referred unless they became excessive in nature over time. Don Grasso, 64 Lexington Green, stated that he used to be in the bar business and he suggested that the neighbors write to the State Liquor Authority with their complaints and they would respond. He noted that if someone is outside the bar with a bottle of liquor, they could be closed down immediately. Mr. Grasso also noted that the bar needed various permits for music and dancing and they could be closed immediately if they did not have them in place. STATUS OF MASTER PLAN Paula Minklei, Orchard Park Road, questioned the status of the Master Plan. Councilman Osmanski advised that Drew Reilly had met with the Town Board members prior to this meeting and presented a final revised version of the Master Plan for them to review. They hoped to adopt the Master Plan by the next Town Board meeting. Mrs. Minklei questioned if the public would be able to review the Master Plan prior to its adoption or if there would be a public hearing. Councilman Osmanski stated that there would be no public hearing, but they could make copies available at Town Hall and the Library. These should be available one week prior to the next Town Board meeting. Councilman Osmanski noted that there were not a lot of changes to what was originally presented, but he would have Mr. Reilly put a summary together of what was changed or included in the revised plan. Ideas from the public were put together in the idea section and public comments were added as an addendum to the plan. Only minor revisions were actually made to the plan.
ISSUES OF THE PUBLIC PROPERTY MAINTENANCE ISSUE AT SENECA CITY LINE Linda Toy, 97 Burch Avenue, stated that a few months ago she had reported to the Town Board on the poor condition of the former Hills Store at the Seneca City Line. After that, the property was cleaned up a little, but now it was getting worse. The trucks were parking there again especially on the weekends, the weeds were growing taller, the sidewalks were dirty, and there was writing on the windows. Supervisor Clark referred this property to Code Enforcement Officer William Czuprynski and directed him to enforce the Property Maintenance Ordinance. Mr. Czuprynski suggested that the police ticket the trucks that are parked on the property. Chief Gehen stated that this was private property so they would not be able to issue tickets. Councilman Bove understood that the property was going to be up for auction and she questioned the status of that. Supervisor Clark stated that he had checked with Benderson Development on the status of this property and had not received any information back yet. RESIDENT COMMENTS ON CONDUCT OF PLANNING BOARD MEMBER Karen Lucachick, 61 Greenmeadow Drive, stated that she attended the West Seneca Planning Board meeting on Wednesday, July 19th and was disappointed with one of the members. She thought that a lot of the things he said were very inappropriate and questioned if the Planning Board represented the people or the developers. Mrs. Lucachick stated that some of the Planning Board members asked very good questions and pointed out important issues, but one of the members assisted the developer in skirting around issues. She thought this was unethical and totally inappropriate. STATUS OF CANISIUS PROJECT ON CLINTON STREET Don Grasso, 64 Lexington Green, questioned if a building permit had been issued for the Canisius’ project on Clinton Street. Code Enforcement Officer William Czuprynski responded that no building permit had yet been issued. REQUEST FOR CLARIFICATION ON LEGAL ITEM #3 Don Grasso, 64 Lexington Green, asked for clarification on Legal Item #3. Supervisor Clark stated that Legal Item #3 was a further publication of a prior resolution that was passed by the Town Board in April or May 2006. Mr. Grasso stated that the residents were told that the soccer park would not cost the taxpayers any more money, but he understood the resolution to be that the town was spending over $251,000. Supervisor Clark stated that the bond was for $251,537 and it included some lawn mowing equipment the town needed that would probably be assigned to the soccer park but also used at other parks.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS LEYDECKER ROAD RECONSTRUCTION PROJECT Councilman Hicks referred to the Leydecker Road Reconstruction Project that was begun last year and was nearing completion. He commended Town Engineer George Montz and his department, along with the contractor, for an outstanding job and noted that the people living in the area were very pleased with it. UPDATE ON GASLIGHT CONVERSION PROJECT Councilman Graber referred to the update received from Town Engineer George Montz concerning the gaslight conversion project and noted that there were five districts waiting for NYSEG to energize the lights. He questioned the time frame given. Mr. Montz responded that Simoncelli Electric notified NYSEG a week ago, but they were told that they were running approximately two weeks behind schedule because of the time of the year. Councilman Graber stated that the residents were starting to complain that the lights were not lit yet. He asked that Mr. Montz send NYSEG a message from the Town Board that two weeks was not tolerable and they would like the lights lit as soon as possible. NYSEG had a responsibility to energize the lights and it was a fairly simple job that only required manpower. PURCHASE REQUIRING TOWN BOARD APPROVAL Motion by Councilman Graber, seconded by Councilman Hicks, to authorize payment of $3455.76 to Bevilacqua Lawn Design, 4860 Whitetail Court, Hamburg, for landscaping town facilities, noting that the town is paid in full on this item.
ROLLING RIDGE SUBDIVISION STREETLIGHTING Councilman Osmanski stated that the residents of Rolling Ridge Subdivision, a new subdivision off Clinton Street, had been complaining that their streetlights were installed but were not yet energized. He contacted Mary O’Connell in the Engineering Department and she talked to NYSEG and got them to respond fairly quickly. Councilman Osmanski thanked Ms. O’Connell for her assistance and noted that the residents were very appreciative. IMPLEMENTATION OF SEX OFFENDER LAW Councilman Osmanski questioned if the Town Attorney’s office had researched implementation of the sex offender law on a specific resident. Town Attorney Timothy Greenan stated that the residence predated the ordinance, so the ordinance was not applicable. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Bove, to adjourn the meeting at 9:00 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |