West Seneca Town Board Minutes 09/18/2006

12-B    LEGAL NOTICES

1. 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 REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 1200 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR RV SALES AND SERVICE” in the Town of West Seneca, be received and filed.                (RV Direct Group, Inc.)

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

12-B    LEGAL NOTICES

1.    (continued)

Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its August 16, 2006 meeting, the Planning Board recommended approval of the request for a rezoning and special permit for property located at 1200 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2(S), for RV sales & service, with the following stipulations: 1) receipt of a letter from the NYSDOT addressing the request for a second driveway; 2) receipt of a letter from Town Engineer George Montz addressing the hydrant locations within the complex; 3) submission of a long form environmental impact statement to the Town Board.”

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner and stated that the property involved 9.8 acres located at 1200 Southwestern Blvd. He submitted an aerial view of the property with the project superimposed on the vacant land, which indicated where the building would be located in relation to the houses behind it. Mr. Lorigo noted that the site plan was modified in accordance with recommendations made by the Planning Board. He commented on the uses that were allowed in the existing C-1 zoning without Town Board approval and without the requirement of a buffer. The C-2 zoning covered the automotive use and the special permit would limit the use to RV sales. Mr. Lorigo referred to the issues raised at the July 2006 Planning Board meeting, including screening, fencing, changing the location of the propane tanks, fire hydrants, water lines, the detention pond, and a landscape plan. At the August 2006 Planning Board meeting, the petitioner responded to these issues. The buffer zone to the north was increased to 50 feet and staggered pine trees interspersed with deciduous trees and other plantings were added to the buffer. Approximately $100,000 in the cost of landscaping was added to the 50-foot buffer. The propane storage tanks were moved over 72 feet away and were reduced to 1000 gallons. The detention pond was enclosed with a six-foot chain link fence. Downward facing light fixtures were selected for along the rear property line. The eight-inch watermain was extended across the entire frontage of the property and two fire hydrants were located on the main property. The minimal grade of the property to the north was changed so it would not be less than six feet above the rear property line on Carla Lane. A six-foot chain link fence was added to the north, east & west property lines. The size of the parking spaces along the north border was decreased so they would only accommodate smaller units, such as pop-up trailers.

Councilman Osmanski questioned if the six-foot elevation of the berm would be level with the rest of the property.

Mr. Lorigo referred to the line of sight drawing and stated that the berm would be the same height as the rest of the property. In a year or two after the five to six-foot trees grow, the neighbors at the rear will not be able to see the trailers. Mr. Lorigo stated that RV Direct Group Inc. was a family-owned business that began in 1984 with a location in Albany and Elma. The Elma location was on leased property at 7120 Seneca Street. In 2005, they won the Elma business-of-the-year award based on the condition they maintained the business, how they had cleaned up the site, and how they had presented themselves. Mr. Lorigo further noted that there would be no mechanical work done on the RV’s - no motor work, no body work, no chassis work, no oil changes, no painting. The service done at this location to the RV’s was interior work like cabinetry and carpeting. The business generated three to five customers daily on a typical day. Hours of operation were Monday through Friday, 9 A.M. until 7 P.M.; Saturday, 9 A.M. until 5 P.M. and Sunday, 11 A.M. until 4:00 P.M. These hours were less than that of a plaza and the traffic was considerably less. The building size was also probably one-eighth the size of a plaza. The project will add over $2 million to the tax base and there were no abatements being requested. Mr. Lorigo referred to a copy of a plan for a plaza that was originally proposed by the property owner. The plaza had approximately 100,000 square feet with substantially more parking, and it would generate much more traffic than the RV center. Mr. Lorigo noted that the plaza could be developed without any approvals from the Town Board and without having to make any of the changes that the petitioners made to this project. The Planning Board unanimously recommended approval of the project,

12-B   LEGAL NOTICES

1.    (continued)

but they were not all in favor of it when the proposal was first presented. There were a number of issues and some members were not comfortable with the situation. Mr. Lorigo thought it was the petitioner’s willingness to address each of the issues that resulted in a unanimous approval from the Planning Board. The Planning Board had requested that a letter be sent to the New York State Department of Transportation (NYSDOT) asking that a second entrance be allowed on Southwestern Blvd. The engineers knew from prior experience that this was not likely to happen since the NYSDOT was trying to minimize curb cuts. A letter was sent but they had not yet received a response. If the NYSDOT agreed to a second entrance, the petitioner would have a second entrance installed. The Planning Board had also asked that Town Engineer George Montz be contacted with regard to the fire hydrants, and the petitioner was willing to do whatever he required. A long form environmental assessment was filed with the town as requested, even though the acreage purchased was actually less than ten acres. Nothing in the environmental assessment would create any kind of problem that would need to be addressed.

Councilman Osmanski asked for Mr. Montz’ comments on the detention pond.

Mr. Montz stated that his office had not yet reviewed any of the engineering drawings, but all detention ponds had to be designed according to new federal regulations. They also had to be reviewed and approved by the New York State Department of Environmental Conservation (NYSDEC).

Councilman Osmanski questioned if the statement made at the Planning Board meeting that the detention pond could hold 9 to 13 feet of water was unreasonable.

Mr. Montz responded that it would depend on the geometry of the pond.

Victor O’Brien of C & S Engineers stated the Phase II Stormwater Quality Regulations required that they have a minimum six-foot deep permanent pool to act as a settling pond for removing the sediment. The depth above the six feet was the temporary storage volume during a ten or hundred year storm event. Mr. O’Brien noted that they were providing a lot more detention than required to, so it should help with drainage in the area.

Councilman Osmanski referred to a comment made at the Planning Board meeting by Code Enforcement Officer William Czuprynski that the detention pond as drawn was located in the front setback and would require a variance from the Zoning Board of Appeals.

Mr. Czuprynski responded that the petitioner had submitted plans that included a fence in front of the building and a fence around the detention pond. Both of the fences would have been located within the required front yard setback and would have required a variance.

Councilman Osmanski noted that the fence in front of the building was eliminated, but the fence around the detention pond was still there and that was why he had questioned the depth of the pond. Other detention ponds in town with fences around them were eyesores because of maintenance problems. He thought the new regulations would be a long-term problem for the town. Councilman Osmanski further questioned the six-foot grade difference indicated on the drawing.

Mr. O’Brien responded that an additional three-foot berm was added but was not shown on the drawing.

Councilman Osmanski stated that the line of sight view drawing should indicate that it is at the lowest point of elevation. He further questioned if most of the parking spaces will be filled with vehicles for sale.

12-B   LEGAL NOTICES

1.    (continued)

Mr. Lorigo responded that there will be parking for customers and employees, but the majority of parking will be for display of vehicles.

Thomas McGowan, 129 Carla Lane, presented a petition signed by approximately 150 residents of Carla Lane that were opposed to the project and a copy of the short environmental assessment form the petitioner had filed. He referred to Item #E on the form that questioned if there was likely to be controversy related to potential adverse environmental impacts. Mr. McGowan stated that the short form environmental assessment was basically a paper form that could be filled out by anyone. All the answers to Part 2 of the form were “No” as if to indicate that the project would not impact anyone, and Mr. McGowan disagreed with that. He commented that the petitioner had made some concessions, but thought that this was only because of the issues raised by the Carla Lane residents. The main complaint of the surrounding residents was that the project did not fit the Master Plan for the town. The Master Plan showed the zoning for the property as C-1 and showed the main thoroughfares for business as Union Road, Seneca Street, and Ridge Road. Southwestern Blvd. was not shown as a major thoroughfare. Even though the property was less than ten acres, Mr. McGowan hoped that the Town Board would require a full environmental impact statement because of the water problems, environment, traffic, noise, pollution, heat radiating off the asphalt, etc.

Mark DeJames, 2 Carla Lane, questioned if there will be a fence on the other side of the berm, how high the lighting will be, and if there will be a large sign on Southwestern Blvd.

Councilman Osmanski responded that the petitioner was proposing a fence along with the berm. The plan indicated lighting at 20 to 25 feet, but the Town Board had the ability to limit this to any reasonable height.

Mr. Lorigo noted that the lights in the back row would be removed.

Mr. Czuprynski advised that the maximum height for a sign was 25 feet and 40 square feet was allowed without a variance. The sign would have to be a minimum of 10 feet back from the property line.

Mr. DeJames questioned if the detention pond would handle runoff from the parking lot and if this was a West Seneca or Orchard Park sewer tap.

Councilman Osmanski responded that town regulations and NYSDEC regulations required that property owners handle all the runoff water on their own property. The project could not adversely affect any adjoining property with the storm water.

Mr. Montz advised that the project was located within West Seneca Sewer District #13.

Mr. DeJames commented that he currently had a problem with water backing up into his stationary tub. This was not a problem until the Wilson Farms plaza was developed on Angle Road and Southwestern Blvd. and he was concerned that the proposed project would make the situation worse. Mr. DeJames asked that the sanitary sewer lines be checked in this area. Mr. Montz responded that his department would be happy to check the sewer lines; however, he noted that the proposed building was small and questioned if there were only restrooms that would be connected to the sanitary sewer.

12-B    LEGAL NOTICES

1.    (continued)

Mr. O’Brien responded that it would only amount to about 400 to 500 gallons of water, which was not a big load on the sewer.

Mr. DeJames questioned the exact location of the propane tank and if it would be enclosed.

Councilman Osmanski responded that the propane tank would still be located behind the building, but it was moved 72 feet from the property line and the size was reduced to 1000 gallons. The tank would sit on a concrete pad with no fence around it.

William Wipfler, 121 Carla Lane, referred to the long form environmental impact statement and thought that an expert that is a disinterested party should have completed it.

Councilman Osmanski stated that the developer always filled out the long form environmental assessment and the Town Board then reviewed it.

Mr. Wipfler stated that the project was originally proposed as ten acres, but at the Planning Board meeting one of the members suggested taking five feet off the east end of the project so that an environmental impact statement would not have to be completed.

Councilman Osmanski stated that the comment at the Planning Board meeting was to not rezone five feet of the property so it would not be part of the action. Mr. Lorigo was now stating that after calculations were done for the sale of the property the actual size of the property was less than ten acres.

Mr. Wipfler was concerned about the propane tank and noted that it was a 1000-gallon propane tank that leveled three blocks and caused an enormous fire in Buffalo.

Councilman Hicks responded that the propane tank was located inside a building and that caused an explosion. If the propane tank is located outside, it will be consumed into the environment.

Mr. Wipfler still thought that 72 feet was not a large enough distance to be away from a 1000-gallon propane tank. He referred to a comment made that propane is heavier than air and a leak in the tank would cause the propane gases to end up in the Carla Lane residents’ back yards.

Deputy Town Attorney Paul Notaro advised that the Building Department and Engineering Department would have to ensure that the tanks comply with NFPA standards for gas tank installation. These standards were very significant in making sure that there is safety in the area.

Councilman Osmanski questioned the size of a propane tank allowed on residential property according to Town Code.

Mr. Czuprynski responded that the five-gallon containers used on gas grills were allowed, but according to the Zoning Ordinance the storage of any liquids or fuel above that would need a variance from the Zoning Board of Appeals. There were some people that used propane to heat their house and those were regulated by NFPA standards. The tanks that were located close to houses were 100 gallons and those that were away from the house were 500 gallons. Propane was also used in the winter during new construction to heat the houses.

12-B   LEGAL NOTICES

1.    (continued)

Pat Ebert, 5 Southridge Drive, referred to the detention pond and the lack of a fence around it and expressed concern due to the number of small children on Carla Lane. Mrs. Ebert also stated that she works at Wilson Farms on Angle Road & Southwestern Blvd. where they carry propane. There were cement posts around the tanks and one evening a car hit the propane tanks, which caused the store to shake. She was concerned about having 1000 gallons of propane in the neighborhood. Mrs. Ebert further commented on water problems she had experienced.

Councilman Osmanski referred to the six-foot chain link fence that was proposed and questioned if the neighbors had requested it.

Mr. Lorigo responded that the petitioner had suggested it in response to the neighbors’ concerns about young children walking through the properties and into the area where the RV’s will be parked. The petitioner also proposed the fence around the detention pond in response to concerns about standing water.

Councilman Bove questioned the lights along the back row.

Mr. Lorigo stated that they had originally proposed lights along the back row, but the petitioner was willing to remove the lights as a further concession to the residents of Carla Lane.

Councilman Osmanski requested Councilman Graber’s opinion on the height of the light standards.

Councilman Graber stated that the light standards within the project should be above the RV’s and if the proper lights are used there should be no problem.

Councilman Osmanski questioned if the petitioner would be required to apply to the Zoning Board of Appeals for a variance if the Town Board required the fence around the detention pond.

Mr. Czuprynski responded that the Town Board could place any restriction on the project, but they could not violate the Zoning Ordinance.

Mr. Greenan agreed but stated that a fence that was being installed around a detention pond for safety purposes may be different from a fence in a front yard that was regulated by the ordinance and generally had to do with aesthetics.

Councilman Osmanski stated that the Planning Board had made a specific requirement for a letter from Mr. Montz concerning the drainage, but Mr. Montz was the Town Engineer and he would be looking at the plans and would do his job. Therefore, Councilman Osmanski did not believe the Planning Board should have made that a requirement.

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

Motion by Councilman Osmanski, seconded by Supervisor Clark, to issue a Negative Declaration with regard to SEQR for the RV sales and service center to be located at 1200 Southwestern Blvd.

12-B   LEGAL NOTICES

1.    (continued)

On the question, Councilman Osmanski stated that there had been a lot of discussion about the long form environmental assessment and the impact of the project. On a project that did require the long form, the developer would have to fill it out. The long form was designed so that a reasonable layperson could fill it out and identify the environmental impacts of the project. It was then submitted to the Town Board who was supposed to look it over with experts and/or department heads and look at the reasonableness of the responses. The purpose of this was to identify any of the possible environmental impacts, not necessarily to turn down the project, but to identify any that could be mitigated. If there were environmental impacts but they could not be mitigated, they would look to see if they were so severe they would justify turning down the project. Councilman Osmanski commented that the long form environmental assessment was not even required for the proposed project. There were no wildlife issues. The project will be located on a major New York State highway and there will be less than ten customers per day, so traffic will not have an impact. Storm water had to be addressed as part of the engineering study and there will be no impact on the sanitary sewer from one small commercial building. There will be no emissions and no bodywork so air quality will not be impacted. With all the trees they are planting, aesthetics should not be a problem. There should be less noise and air quality issues from traffic on Southwestern Blvd. for the residents of Carla Lane. Councilman Osmanski thought that the only possible issue could be the amount of blacktop and the heat that might be generated from it, but this was a minor issue and any commercial plaza would have the same amount.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a rezoning and special permit for property located at 1200 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2(S), for RV sales and service, as outlined on the plan dated June 12, 2006 and revised August 7, 2006, including the plans labeled C1, C2, C3 & C4, but deleting the four-foot high green vinyl coated chain link fence around the southerly border and the lighting along the back row.

On the question, Supervisor Clark thought that once the project was developed the surrounding residents would be satisfied. The site had been a wasteland for a long period of time and there were a number of uses under the C-1 zoning that would be worse than this project. Supervisor Nolan of the Town of Elma had only good things to say about the conduct, character, and operation of the business and he was sorry to see them leave his town. Supervisor Clark commented on the positive impact the project will have on the Town of West Seneca tax base, which will be useful in helping to control taxes. He estimated property tax revenue from this project to be approximately $60,000 to $85,000 per year initially. Supervisor Clark further noted the commercial nature of Southwestern Blvd. and thought the use was appropriate for this location.

*APPENDICES*

2. 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 3190 & 3200 TRANSIT ROAD, BEING PART OF LOT NOS. 51, 52, AND 69, CHANGING ITS CLASSIFICTAION FROM C-1 TO C-2(S), FOR USED MOTOR VEHICLE SALES” in the Town of West Seneca, be received and filed.                (Carmina & Wood, P.C.)

12-B   LEGAL NOTICES

2.    (continued)

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 August 16, 2006 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 3190 & 3200 Transit Road, being part of Lot Nos. 51, 52 & 69, changing its classification from C-1 to C-2(S), for used motor vehicle sales.”

The petitioner was not present at the meeting and no comments were received from the public.

Motion by Councilman Graber, seconded by Councilman Osmanski, to table the public hearing until the next Town Board meeting.

3.   Motion by Supervisor Clark, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER CONSENTING TO THE RELOCATION OF COLONY LIQUOR AND WINE DISTRIBUTORS LLC FROM THE TOWN OF WEST SENECA TO AN ECONOMIC DEVELOPMENT ZONE IN LYONS, NEW YORK,” be received and filed.

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

Supervisor Clark stated that Colony Liquor and Wine Distributors operated a large warehouse on Empire Drive. Because of business and economic conditions and the changing nature of their business, they decided it would be in their best interest to move the facility to Lyons, New York. Supervisor Clark commented that Colony Liquor and Wine Distributors operated properly and in accordance with the rules and regulations of the NYS Liquor Authority. He was not in favor of impeding their progress or doing anything to harm their business. Supervisor Clark understood that the warehouse was already under contract by another local company.

Councilman Graber questioned if Colony Liquor and Wine Distributors had a payment in lieu of taxes (PILOT) arrangement.

Supervisor Clark responded that they had been under a PILOT some time ago, but not in recent years. All their taxes were paid.

No comments were received from the public.

Motion by Supervisor Clark, seconded by Councilman Graber, to close the public hearing.

Motion by Supervisor Clark, seconded by Councilman Graber, to consent to the relocation of Colony Liquor and Wine Distributors LLC from the Town of West Seneca to an economic development zone in Lyons, New York.

12-B    LEGAL NOTICES

4.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 675 POTTERS ROAD, BEING PART OF LOT NO. 291, CHANGING ITS CLASSIFICATION FROM R-65 TO C-1, FOR A HOTEL AND OFFICE SPACE” in the Town of West Seneca, received and filed.                (Ellicott Development Company)

5.   Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION AUTHORIZING AN INCREASE AND IMPROVEMENT OF THE FACILITIES OF WEST SENECA SEWER DISTRICT NO. 13 IN THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AT AN ESTIMATED COST OF $280,000,” received and filed.

6.   Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION AUTHORIZING AN INCREASE AND IMPROVEMENT IN THE FACILITIES OF WEST SENECA WATER DISTRICT NO. 3 IN THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AT AN ESTIMATED COST OF $120,000,” received and filed.

7.   Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION AUTHORIZING AN INCREASE AND IMPROVEMENT IN THE FACILITIES OF WEST SENECA WATER DISTRICT NO. 1 IN THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AT AN ESTIMATED COST OF $700,000,” received and filed.

12-C    COMMUNICATIONS

1.   Supervisor Clark re Aviation Consultants of WNY grant application

Motion by Councilman Osmanski, seconded by Councilman Graber, to adopt the attached resolution authorizing Aviation Consultants of WNY, Inc. to apply for a grant from the NYS Department of Transportation, noting that this in no way binds the Town of West Seneca to any approvals, permits and/or licenses that may be required by the applicant for future projects or work related to Buffalo Airfield.

*APPENDICES*

2.   Supervisor Clark re Community of Churches Crop Walk

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request from the West Seneca Community of Churches to host their annual Crop Walk to stop hunger on Sunday, October 15, 2006 from 1 P.M. to 3 P.M. on designated streets in the town with assistance from the auxiliary police on traffic matters.

3.   Councilman Bove re Computer network upgrade

Motion by Councilman Bove, seconded by Councilman Osmanski, to approve a computer network upgrade and migration to the Microsoft Windows 2003 operating system at a cost not to exceed $120,000.

On the question, Councilman Bove stated that this upgrade involved installing a new file server, e-mail server and Citrix server so there will be a shared file source, in-house e-mail and faster, more reliable connectivity for remote locations. The new system will bring all town departments onto one system, excluding the Town Court and Police Department.

Supervisor Clark thanked Councilman Bove, Councilman Hicks, Comptroller Charles Koller, and Town Attorney Timothy Greenan for their work in upgrading the computers.

12-C   COMMUNICATIONS

4.   Town Attorney re Public hearing for 2007-2008 Community Development Block Grant

Motion by Councilman Osmanski, seconded by Supervisor Clark, to schedule a public hearing for Monday, October 16, 2006 at 7:30 P.M. to consider community development and housing needs and discuss possible projects that would benefit low and moderate income persons in the Town of West Seneca.

5.   Town Engineer re Leydecker Road Reconstruction Project, change order #2

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve change order #2 for Accadia Site Contracting, Inc., 5636 Transit Road, Depew, NY 14043, in the amount of $371,579.78 for performing extra unsuitable road subgrade excavation and stone backfill and other various items of extra work on the Leydecker Road Reconstruction Project, Job No. L-0404.

6.   Town Engineer re Cambridge Avenue Reconstruction Project, final change order & acceptance

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve final change order #2 for Occhino Corporation, 2650 Seneca Street, West Seneca, NY 14224, for a net deduct of $10,765.27 and accept the Cambridge Avenue Reconstruction Project, Job No. C-0502, at a final contract amount of $573,577.20.

Supervisor Clark abstained from voting on this item because Occhino Corporation is a client of an accounting firm that he has a financial interest in.

7.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $8940.50 to Nichols, Long & Moore Construction for sanitary sewer repair restoration work and $1840 to Burgh Schoenenberger for equipment at Plant 6.

8.   Highway Supt. re Bid award for infield groomer

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the bid for an infield groomer to Cazenovia Equipment Company Inc., 809 East Genesee Street, Chittenango, NY 13037 at their bid price of $9495.

12-C    COMMUNICATIONS

9.   Highway Supt. re Decline of bids for two sanivans

Received and filed.

10.   Highway Supt. re Bid date for purchase of two sanivans

Motion by Councilman Osmanski, seconded by Councilman Graber, to schedule a bid date for October 12, 2006 at 10:00 A.M. for receipt of bids on the purchase of two (2) sanivans for the Sanitation Department.

11.   Highway Supt. re Bid date for purchase of blacktop paver

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a bid date for October 12, 2006 at 10:10 A.M. for receipt of bids on the purchase of a blacktop paver for the Highway Department.

12.   Highway Supt. re Bid date for purchase of sewer flusher

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a bid date of October 12, 2006 at 10:20 A.M. for receipt of bids on the purchase of a trailer-mounted sewer flusher for the Highway Department.

13.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $1892 to Atchur Service for equipment repairs, $8400.60 to Siemens Buildings Technologies Inc. to install a split a/c unit in the DMV, and $2875.95 to Valley Tire Co., Inc. for tires.

14.   Highway Supt. re Title change for John Langdon to Highway Laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate John Langdon as Highway HMEO and appoint John Langdon as Highway Laborer, Group 1, Step 5, at a rate of $21.09 effective August 29, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Highway Supt. re Leave of absence for Patrick Hill

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a family medical leave of absence for Patrick Hill, effective September 9 – December 2, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-C   COMMUNICATIONS

16.   Highway Supt. re Military leave of absence for Darryl Seibert

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a military leave of absence for Darryl Seibert effective August 14 – 17, 2006 and September 4 – 8, 11 – 15, 18 – 22, and 25 – 29, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.   Highway Supt. re Military leave of absence for Joseph Steen

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Joseph Steen effective August 18, 2006 and September 14 – 17 and 18 – 24 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18.   Highway Supt. re Appointment of part-time laborers in Sanitation Department

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following part-time Sanitation Laborers at a rate of $7 per hour effective October 2, 2006:

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

19.   Highway Supt. re Status change for Tom Oleski to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time laborer Tom Oleski to part-time seasonal, effective September 18, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-C   COMMUNICATIONS

20.   Highway Supt. re Appointment of part-time laborers in Bldgs. & Grounds Department

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following as part-time laborers in the Buildings & Grounds Department effective September 18, 2006:

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

21.   Chief Gehen re Attendance at International Association of Chiefs of Police conference

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Chief Gehen to attend the International Association of Chiefs of Police (IACP) Conference in Boston, Massachusetts, October 15 – 18, 2006 at a cost not to exceed $2265.35.

22.   Chief Gehen re Attendance of Lt. Baker at Pennsylvania State Police Reconstruction seminar

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Lt. Edward Baker to attend the Pennsylvania State Police Reconstruction Seminar in State College, Pennsylvania, September 25 – 28, 2006 at a cost not to exceed $520.

23.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $2200 to United Uniform Co., Inc. for uniforms.

12-C    COMMUNICATIONS

24.   Chief Gehen re Status change for part-time Public Safety Dispatchers to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatchers James McCullough, Don Littler, James Kavanaugh, and Jeffery Locher to part-time seasonal effective September 1 – 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

25.   Chief Gehen re Appointment of Richard Galli as part-time Public Safety Dispatcher

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Richard J. Galli as part-time Public Safety Dispatcher at a rate of $8.95 per hour effective September 19, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

26.   Chief Gehen re Appointment of James Kavanaugh as temporary full-time Public Safety Dispatcher

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatcher James Kavanaugh, to temporary full-time Public Safety Dispatcher effective October 2 – December 30, 2006 at a rate of $18.39 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this title change is necessary due to an extended sick leave of another full-time Public Safety Dispatcher and will help with staffing levels in police and fire dispatch.

27.   Town Clerk re Termination of part-time Clerks Sarah Husted & Cassandra Colby

Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Sarah Husted and Cassandra Colby, as part-time clerks and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

28.   Code Enforcement Officer re Removal of unsafe conditions at East & West Road property

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize removal of the unsafe conditions at 227 East & West Road and order demolition of the structures on the property with the cost being charged back to the property owner.

On the question, Supervisor Clark stated that this property was determined to be unsafe for human habitation and a distinct nuisance to the neighbors. Pursuant to Chapter 57 of the Code of the Town of West Seneca and Section 108 of the NYS Property Maintenance Code, the town followed the process and determined that the house, garage, and above ground pool was unsafe and unsanitary. Notice was given to all appropriate parties. The structures would probably be demolished and the cost assessed against the land on which the buildings are located. Supervisor Clark questioned if there were any comments from the public.

12-C    COMMUNICATIONS

28.   Code Enforcement Officer re Removal of unsafe conditions at East & West Road property   (continued)

A resident at 223 East & West Road stated that the basement was filled with water for many months. He questioned if that would be pumped out prior to demolishing the house and when the work would take place.

Supervisor Clark responded that the water would be pumped out to the sanitary sewer, the buildings demolished, and the land would be leveled.

Code Enforcement Officer William Czuprynski stated that they should have a contractor to do the work within the next two weeks.

A resident at 232 East & West Road questioned the time frame for having the work done.

Supervisor Clark responded that the work should begin as soon as practical after the contractor is hired.

Dale Clarke, 379 Indian Church Road, commented on a house in his neighborhood that was in poor condition and thought that the town should make it a priority to have properties like this cleaned up.

29.   Tax Receiver re Status change for part-time Clerks to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of the following part-time clerks to part-time seasonal effective September 11 – November 15, 2006:

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

30.   Recreation Director re Appointment of part-time employees for fall/winter programs & Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the individuals on the attached list to work part-time in the fall/winter recreation programs and at the Ice Rink effective September 30, 2006 through May 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

*APPENDICES*

12-C   COMMUNICATIONS

31.   Recreation Director re Appointment of part-time Recreation Attendants & Lifeguard

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following individuals to work part-time in the fall/winter recreation programs effective September 30, 2006 through May 31, 2007:

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

32.   Recreation Director re Title change for Lisa Wilhelm to part-time Clerk Typist

Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Lisa Wilhelm, as Recreation Attendant effective August 13, 2006 and appoint Lisa Wilhelm as part-time Clerk Typist effective August 14, 2006 at a rate of $6.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

33.   Recreation Director re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2700 to West Seneca Girl’s Softball for umpire fees.

34.   Senior Citizens Supervisor re Status change for June Edie to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Food Service Helper June Edie to part-time seasonal effective September 18, 2006 through February 16, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

35.   Youth Director re Termination of part-time Clerks Debbie Hughson & Kathy Nocera

Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate part-time clerks Debbie Hughson and Kathy Nocera, effective September 1, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-C   COMMUNICATIONS

36.   Youth Director re Appointment of Barbara Wagner as part-time Clerk Typist

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Barbara Wagner, as part-time Clerk Typist effective August 28, 2006 at a rate of $6.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-D   REPORTS

ISSUES OF THE PUBLIC

ILLEGAL DUMPING ON VACANT PROPERTY

Dale Clarke, 379 Indian Church Road, referred to all the vacant property in West Seneca (i.e. Ames Plaza, Seneca Mall, Rose Bowl, etc.) and stated that people were dumping garbage on those properties. He understood that there was not a big penalty for dumping and suggested that the fines be increased to discourage people from dumping.

Councilman Graber questioned how much the fine was for dumping.

Supervisor Clark responded that the fine was $250 per offense, and the Police Department had prosecuted on a number of occasions. He encouraged people to contact the Police Department if they witness anyone dumping in areas where they should not be.

GASLIGHT CONVERSION PROJECT

Lisa Kessler, 61 Heather Hill Drive, referred to the street light conversion project that began in early June, 2006. She thought it was a reasonable expectation that the project would move forward with little delay, since Councilman Graber understood that the neighbors were tired of the gaslights providing little light or being out for long periods of time. Councilman Graber had also told the residents that the construction techniques to be used would have the least amount of impact on the residents as possible. Mrs. Kessler stated that as the daylight hours shortened and mornings were darker the buses were picking up children in darkness, and at least the gaslights led a path through the neighborhood. If it snows, the curb lines will be eliminated and that will make the situation more dangerous. Mrs. Kessler further referred to the construction debris and stated that along with it being unsightly it was also dangerous. There were abandoned poles, rocks, broken glass, and equipment on front lawns throughout the neighborhood with nothing to keep children away. Mrs. Kessler thought there was a lack of communication between National Fuel, NYSEG, Siemens, and the West Seneca Engineering Department with regard to who was responsible and when the project would be completed. She did not think the residents should have to call the contractor with complaints, as they were told to do. Mrs. Kessler asked the board members when the project would be completed, when they would have lights, and when the rocks and debris would be removed from the neighborhood.

Town Engineer George Montz understood that Lighting District No. 2 that included Heather Hill Drive and Pamela Court was energized this date.

ISSUES OF THE PUBLIC

GASLIGHT CONVERSION PROJECT (continued)

Mrs. Kessler responded that some lights at the beginning of Heather Hill Drive were lit, but not the entire street. The contractor was working in her neighborhood today, but this was the first time they had worked a full day.

Councilman Graber noted that there was an easement issue on Heather Hill Drive that delayed the project. He questioned where the contractor was working at the present time.

Mr. Montz advised that the contractor, Simoncelli, finished Heather Hill Drive this date and they were now working on Theresa Court.

Councilman Graber stated that all the other lighting districts were completed, so they would not be leaving Heather Hill Drive and Theresa Court until the project was finished.

Mr. Montz stated that as soon as Simoncelli finished Theresa Court they would contact NYSEG to have the lights energized. He thought it would be at least one week to finish the rest of the electrical work. The existing gaslights would also have to be removed before the restoration work could begin.

Mrs. Kessler stated that some of the gaslights had been removed, but some had been left on the ground.

Councilman Graber commented that the gaslights should not have been left on the ground. He was not real happy with the progress of the project and had contact Siemens about it. NYSEG took six weeks to energize a lot of the lights, and after they were energized found that some were not working because Simoncelli had not made the final connection. Councilman Graber stated that their first priority was to get the lights working; the landscaping was second priority.

Councilman Osmanski questioned who was responsible for removing the gaslights after they were taken down.

Councilman Graber responded that it was Simoncelli’s responsibility to take the gaslights from the property. The Engineering Department had told them not to leave the gaslight posts on the ground overnight.

Mrs. Kessler stated that the gaslight posts were left on the ground for weeks. She questioned who else had bid on the job besides Siemens.

Councilman Graber stated that the bid from Industrial Power & Light was over a million dollars and that did not include restoration work. The next closest bid was $250,000 higher. Councilman Graber stated that West Seneca was the first community in Western New York to replace gaslights with electric lights. One of the main problems they had was that the streets were mature with trees, houses and driveways. Councilman Graber stated that with regard to Theresa Court and Heather Hill Drive, only one of the streets originally wanted the electric lights. The town was willing to accept that, but the residents went door-to-door on their own to petition for electric lights. Councilman Graber commented on the savings with electric lights as opposed to gaslights and thought it was worth the inconvenience.

Councilman Osmanski suggested that Mr. Montz find out when the electric lights on her street will be energized and contact Mrs. Kessler with that information.

ISSUES OF THE PUBLIC

GASLIGHT CONVERSION PROJECT    (continued)

Sharon Syracuse, 183 Theresa Court, stated that she attended a recent Town Board meeting and questioned who was monitoring the project. At that time, she was assured that someone was in her neighborhood every day checking on the job. Mrs. Syracuse noted that her street had been without any streetlights for over six weeks and she was very frustrated. She lived on the corner and 100 feet of her property was dug up for the project. Mrs. Syracuse was not happy with the progress of the project and thought the town should withhold payment to the contractor.

Councilman Hicks noted that there were problems with some of the easements in Mrs. Syracuse’s development and they had the same problem in his development. He noted that there were always delays in construction, but if the Town Board was not satisfied with the finished project, they would not grant final approval.

Councilman Graber stated that the contract should have specified that the contractor complete one area entirely before moving on to another. He also noted that there were only two workers that had to remove 400 lights and install 250 lights.

Bruce Newman, 67 Heather Hill Drive, questioned if there were completion dates in the contract that the contractor was supposed to meet.

Councilman Graber responded that there were no completion dates in the contract because it was expected to be done this year.

Mr. Newman suggested that in the future there be some kind of performance bonds involved.

Councilman Graber stated that this was a million dollar contract, but the contractor had not been paid anything to date.

Councilman Hicks did not believe they could have a surety bond with this project because they were at the mercy of the public to grant permission to work on their property. They did not have all the permission from the public when they decided to go with the project.

Mr. Newman stated that when he contacted the Engineering Department regarding his observations and complaints on the project, he was told to contact Siemens. He questioned who was coordinating the project and noted that Siemens was blaming NYSEG and NYSEG was blaming National Fuel Gas. Mr. Newman stated that his gaslight was turned off on August 8th and they still did not have the electric lights. With the exception of today, the contractor had not been there to do the work, and there were only two or three men working. Mr. Newman suggested that the contract also stipulate the size of the crew needed to do the job.

Councilman Osmanski apologized to the residents for what they had gone through. He stated that Councilman Graber and Councilman Hicks had worked very hard on the project and endless hours. Normally with any project the Engineering Department totally runs and oversees it, but this was unique because it was turned over to Siemens Technology. Siemens hired the contractors and managed the construction. Councilman Osmanski stated that there were probably some mistakes in the contract with regard to dates, times, crews, etc., but the end was near.

Mr. Newman noted that the lights on Pamela Court were hooked up four weeks ago and they were still waiting for NYSEG to energize them.

Councilman Osmanski responded that the town had to file a complaint with the Public Service Commission because they could not get NYSEG to respond to their requests.

ISSUES OF THE PUBLIC

GASLIGHT CONVERSION PROJECT    (continued)

Mr. Newman stated that some of the electrical lights on Pamela Court were now on, but they also had gaslights. Some of the gaslights were off, but he thought they could be leaking gas. Mr. Newman also noted that the trench in his front yard was very deep and had not yet been backfilled.

Frank Boncore, 250 Heather Hill Drive, did not believe that Siemens Technology should have been brought in because they did not care about the town. He thought there should have been an inspector to oversee the project.

Councilman Graber responded that David Solly of the Engineering Department was there every day.

ONGOING ISSUES AT NICKEL CREEK CAFÉ

Ruck Marino, 4713 Clinton Street, presented a picture of the sign outside the Nickel Creek Café on Clinton Street. He thought the sign was very offensive and commented that there was still loud music from the bar disturbing the neighborhood. Mr. Marino did not believe the police were doing anything to help the situation. He thought the problem was administrative and that the Noise Ordinance should be updated to address this issue.

PURCHASE OF COUNTY OWNED PROPERTY NEAR THORNDALE & TINDLE AVENUE

Tom Doster, 222 Thorndale Avenue, understood that someone had purchased property adjoining Thorndale Avenue and Tindle Avenue and were considering building apartment houses or constructing billboards there. He had concerns about how they would access this property and stated that he and his neighbors would have bought the property if they knew it was for sale. Mr. Doster questioned if anything could be built on the property and asked to be kept up-to-date on this issue.

Town Attorney Timothy Greenan advised that the town could only tell Mr. Doster what zoning district the property was located in and what was allowed in that district.

Councilman Osmanski questioned if the lot was privately owned prior to it being sold.

Mr. Doster thought that the county owned the property prior to it being sold.

Ed Fritz, 151 Tindle Avenue, stated that he had wanted to buy this property a few years ago but the county told him there were too many easements on it. The person who recently purchased the property was in the neighborhood last week and was telling people that he was putting apartments or billboards on the property.

Mr. Greenan stated that any multi-family development would require a special permit from the town and the neighbors would be notified.

SOCCER PARK ISSUES

Frank Russo, Parkside Drive, referred to the soccer park and the various colleges and non-West Seneca organizations that were using the facility. Since the town was now running the soccer park, Mr. Russo questioned exactly how much it was costing and how much revenue had been taken in this year. He thought it was going to cost West Seneca taxpayers at least $250,000 annually and the soccer association should have been paying that.

ISSUES OF THE PUBLIC

SOCCER PARK ISSUES    (continued)

Comptroller Charles Koller responded that the town had received the revenue from the dedicated soccer association funds, and bills had been sent to various organizations that used the soccer park. Some had paid and some had not yet paid. Mr. Koller stated that this was being monitored and teams were being charged for their usage of the soccer park.

Councilman Hicks stated that at the end of the year they would provide a statement of the revenue brought in by the soccer park. Expenses at the soccer park were covered under the Buildings & Grounds Department.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

LEAVE OF ABSENCE FOR CLERK TYPIST COLLEEN SCHAPPERT

Motion by Councilman Hicks, seconded by Councilman Graber, to approve a leave of absence for Colleen Schappert effective September 18, 2006 through September 17, 2007 from her current position as Clerk Typist assigned to the Police Records Department and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Schappert assumed a new position within the Police Department as Secretary to the Detective Bureau.

PURCHASE REQUIRING TOWN BOARD APPROVAL

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $2800 to May’s Tree Service for tree removal at the Burchfield Center.

ADDITIONAL COMMENTS ON GASLIGHT CONVERSION PROJECT

Councilman Graber stated that when the town embarked on the gaslight conversion project they knew it was going to take a certain amount of time for construction. The project was taking a little longer than anticipated, but he was not surprised. Councilman Graber commented that they had no control over certain aspects with NYSEG, and they were not real happy with the way Simoncelli was running their operation or the construction management of Siemens. However, he thought that once the project was completed the residents would be happy with it and feel that it was well worth the aggravation. The residents were paying an excessive amount for gaslights and in the end with the cost of electricity going down and the cost of natural gas rising the savings will be even more dramatic. Councilman Graber noted that in districts where the electric lights were already working the residents were very pleased, even though it took longer than they thought it would.

Supervisor Clark announced the Town Board meetings scheduled for the fourth quarter of 2006 as follows:

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PUBLIC HEARING SCHEDULED FOR DESIGNATION OF ELECTRICAL INSPECTORS

Motion by Councilman Graber, seconded by Supervisor Clark, to schedule a public hearing for October 30, 2006 at 7:30 P.M. to consider an amendment to Chapter 65 of the Code of the Town of West Seneca that would allow additional entities or individuals to act as electrical inspectors for the Town of West Seneca.

On the question, Supervisor Clark stated that this would also include the Town of West Seneca having the ability to provide its own in-house inspection services.

Town Attorney Timothy Greenan suggested that the ordinance be amended to read that, “The Town Board may, by resolution, designate an inspector or inspectors.” This would give the Town Board the ability to designate itself, town officers, or independent companies at the annual reorganization meeting.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 10:30 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK