West Seneca Town Board Meeting Minutes 04/23/2007

5-B    LEGAL NOTICES

1.   Motion by Councilman Osmanski, seconded by Councilman Graber, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 5626 SENECA STREET, BEING PART OF LOT NO. 227, CHANGING ITS CLASSIFICATION FROM R-75A TO C-1, FOR A PARKING LOT” in the Town of West Seneca, be received and filed.             (Donald T. Denz)

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

Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its March 22, 2007 meeting the Planning Board recommended approval of the request for a rezoning for property located at 5626 Seneca Street, being part of Lot No. 227, changing its classification from R-75A to C-1, for a parking lot, conditioned upon the land being used exclusively for parking for the restaurant property and the parking being in accordance with the provisions of the ordinance.” Mr. Greenan also noted that the Town Board received a letter from the petitioner dated April 11, 2007 along with revised plans that included a second connection to the parking lot, a ten-foot setback between the parking lot and the residential property, a new legal description, a drainage plan, a lighting and electrical plan, and a complete parking lot plan. All parking spaces will be 9’ x 18’, there will be 84 spaces (including four handicapped), and all fencing and/or shrubs will meet the requirements of the Town Code.

Donald Denz, 1005 Main Street, East Aurora, stated his intention to use a portion of the property at 5626 Seneca Street for parking for his restaurant located at 5700 Seneca Street.

5-B    LEGAL NOTICES

1.    (continued)

Councilman Hicks noted the difference in elevation between the two properties and questioned how Mr. Denz would accomplish using the property for a parking lot.

Louise Ziccardi, 11 Pleasantview Drive, East Aurora, stated that they had submitted plans based on raising the elevation by bringing in fill and putting a retaining wall between the existing parking lot and the new lot and another along the line where 5626 Seneca Street would be split.

Councilman Hicks questioned if Town Engineer George Montz had reviewed any drainage plans for this project.

Mr. Montz responded that his department would not be given the drainage plans until after the project is given approval.

Councilman Osmanski questioned how much of the existing retaining wall will be visible after fill is brought in.

Mr. Denz did not believe that there would be much showing because the Planning Board had requested another entrance at the back of the parking lot so that traffic could flow in a circle. In order to do that they could not have a steep grade so vehicles would not slide and hit another vehicle or person.

Councilman Bove questioned how much fill would be brought in.

Ms. Ziccardi responded that they would bring in whatever was required.

Councilman Osmanski referred to the proposed property line on the plan that dissected a corner of the existing garage. He questioned if there was any concern about rezoning a portion of the garage, and not the entire building.

Mr. Denz stated that he intended to either dismantle the garage or reconstruct it so it would not interfere with the ten foot setback.

Mr. Greenan stated that one limited liability company owned the restaurant and another owned the residential property. The parking lot proposal would attach part of the residential property to the commercial property. Mr. Greenan questioned if Mr. Denz would be conveying a portion of the property owned by 5626 Seneca Street LLC to 5700 Seneca Street LLC.

Mr. Denz stated that he is the sole owner of both entities and he had talked to his attorney about this. His attorney told him that it was not necessary, but Mr. Denz understood that there could be a problem in the future if he ever sold the property.

Mr. Greenan commented that it would be best if Mr. Denz were to attach the portion of 5626 Seneca Street to 5700 Seneca Street. Then there would be one tax parcel that included the restaurant and parking lot and another tax parcel that remained residential property.

Mr. Denz agreed to transfer the portion of 5626 Seneca Street to 5700 Seneca Street LLC.

Councilman Osmanski stated that he was not concerned about the drainage because he was certain that the Engineering Department would do their job and ensure that the drainage plan did not affect the neighbors. However, he was concerned about the visual impact on the adjoining neighbors since all the existing screening of the restaurant and Transit Road will be removed. Councilman Osmanski suggested that some landscaping be added to screen the parking lot.

5-B    LEGAL NOTICES

1.    (continued)

Mr. Denz responded that the original plan included ash and crabapple trees along the fence and it would be aesthetically pleasing. He did not believe that the parking lot would be obtrusive to the neighbors.

Councilman Osmanski disagreed and thought it could be a problem due to the elevation of the site compared to the residential properties.

Ms. Ziccardi stated that they planned to construct a stockade fence along the property line with a row of trees on the outside of the fence.

Councilman Graber questioned the proposed lighting between the old and new parking areas and thought that the lights would shine on the residential properties to the west.

Ms. Ziccardi responded that the lights would have shields and be directed downward.

Councilman Graber thought that the lights would still trespass on the residential properties and suggested that they be located on the west side of the new parking area and directed to the east.

Mr. Denz stated that he did not have a problem with placing the lights on the west side of the property.

Attorney Matthew Herdzik represented Michael Kelchlin of 5622 Seneca Street, the property immediately west of 5626 Seneca Street. He stated Mr. Kelchlin’s concerns about lighting and noted that the sign on the existing building was already shining on his property even with the trees that were there. Mr. Herdzik understood that the seating capacity for the existing restaurant and the current parking facility complied with Town Code, so he did not see a need to rezone the property for additional parking.

Mr. Greenan stated that a variance was originally granted for the parking for 54 spaces. The new parking lot would increase the number of spaces to 84.

Councilman Hicks noted that there had been a number of patrons of the restaurant parking on Seneca Street due to insufficient parking on site and that was a safety concern.

Mr. Herdzik questioned if the additional parking would allow Mr. Denz to increase the seating at his restaurant.

Councilman Hicks responded that the limit for the restaurant would still be 130 people.

Michael Kelchlin, 5622 Seneca Street, referred to a recent article in the West Seneca Bee stating that there was seating for 255 people at the restaurant. Mr. Kelchlin was also concerned if this was going to be one parcel or separate parcels and he questioned if the rezoning was in accordance with the town’s Master Plan. He further noted that this was not supposed to be a sports bar; however, the sign at the restaurant advertised that TV’s were out on the patio. Mr. Kelchlin understood that a variance was required for Mr. Denz to have alcohol, music, or TV’s on the patio. He further commented on the light from the sign on the rear of the building shining in his yard and other neighbor’s yards to the west.

5-B    LEGAL NOTICES

1.    (continued)

William Falkner, 5627 Seneca Street, lives directly across from the restaurant and stated that he was not opposed to Mr. Denz’ proposal but was not happy with how he went about doing things. The Zoning Board granted a variance for parking for the restaurant in June 2006 and it was reduced from 103 to 54 spaces. Mr. Denz then built a 2½ story addition on the building and now there was not enough parking. In February 2006, the Town Board recommended that there be no food served on the second floor, no second floor patio, and no music, but he understood there were upstairs banquet rooms serving food. Mr. Falkner agreed that additional parking was needed because the vehicles parking on Seneca Street were a hazard. He thought Mr. Denz should be made to properly install the parking lot and follow the Town Codes with regard to lighting and screening.

Mr. Denz responded that service of food was allowed on the second floor of the restaurant, music was allowed for a certain period of time, and the second floor outdoor patio was only used for smoking. There were two TV’s on the first floor patio, but he had indicated that there would be. Mr. Denz stated that when he originally applied for the special permit he stated that it would be a restaurant with a bar, not a bar with a restaurant. He further noted that he had received approval for music on the first floor patio. Mr. Denz referred to the sign on the back of the building and stated that he had received a permit for it from the town. It was a red sign, not a spot light, and it faced northeast to the rear of Mr. Kelchlin’s property, not towards his house.

Councilman Osmanski stated that one of the problems the neighbors had with this application was that the project was done in pieces instead of being presented as an entire package right from the start. If Mr. Denz had come in with a total plan at the beginning it would have been a much simpler process.

Mr. Denz stated that when he applied for the variance for parking he told the Zoning Board that he had options because he owned the property next to the restaurant.

Councilman Bove questioned when Mr. Denz purchased the residential property.

Mr. Denz thought that it was in July 2006, after the special permit was granted for the restaurant and the previous owner approached him about buying it.

Ms. Ziccardi stated that Mr. Denz had not intended to add this parking lot. He was not going to spend almost $100,000 if the restaurant was not successful. If he had known it would be successful when he originally applied for the special permit for the restaurant, he would have presented an entire package.

Mr. Denz further commented that the one part of his business that was really suffering was the take-out portion because there was no place to park. The additional parking would be more convenient and safe for the patrons.

Councilman Bove questioned if this restaurant was the same as the one in the city that was sold.

Mr. Denz responded that the restaurant in the city was Flappy’s and there were different owners. The ambience and menu were totally different.

Councilman Bove questioned if Mr. Denz had discussed his situation with the neighbors since he was asking for a privilege in their neighborhood. She thought the neighbors wanted his business to be successful and could work with him, and noted that the board members also wanted the business to be successful.

5-B    LEGAL NOTICES

1.    (continued)

Councilman Hicks stated that he did not believe the board members had enough information to make a decision on this issue.

Councilman Bove agreed and stated that she did not have a final plan to look at.

Ms. Ziccardi stated that the Planning Board told her they would forward the information to the Town Board. She had also spoken with Consultant Wendy Salvati the day after the Planning Board meeting and she gave her a list of things that were needed.

Mrs. Salvati stated that a landscape plan had not been submitted.

Mr. Denz noted that there were trees indicated on the initial plan.

Councilman Graber commented that if the board denies this rezoning the parking on Seneca Street will continue. He thought that this issue could be worked out between the petitioner and the residents and it would be best for everyone if they did not have an adversary relationship. Councilman Graber suggested that Mr. Denz do something with the parking lot to blend it more into the contour of the existing land so the neighbors will be satisfied.

Councilman Hicks suggested that they hold the public hearing open and have Mr. Denz return with a final and complete drawing so they could make a proper decision.

Mr. Denz asked if the board could approve the rezoning subject to the lighting facing away from the neighbors and appropriate landscaping.

Mr. Greenan stated that the board could approve the rezoning subject to the landscaping plan being approved by Mr. Czuprynski, Mr. Montz, or one or more board members.

Councilman Bove preferred to see a landscape plan prior to voting on this and noted that they could call a special board meeting prior to the May 14th board meeting, if necessary.

Ms. Ziccardi stated that Mr. Denz planned to plant a row of trees on the outside of the fence but she questioned if this was required in order to comply with Town Code.

Mr. Czuprynski responded that to comply with Town Code either a stockade fence or trees were required for screening. He further commented that it was not unusual for the Town Board to ask for a landscape drawing.

Mr. Greenan stated that the board could close the public hearing and hold their vote on this issue until the next meeting. The board was looking for Mr. Denz to submit a plan that included the location of the screening and a description on how it will screen Mr. Kelchlin’s house. The board had also expressed concern about the existing sign on the back of the restaurant and asked for some consideration on screening it from the view of the neighbors, moving it, or removing it. If the revised plans are submitted in an acceptable form, the board can act on this at the May 14th meeting; or, if the information is received quickly they can call a special meeting to act on the rezoning.

Councilman Hicks noted that the plan indicates the garage will be removed and that will remove some of the screening.

Mr. Denz responded that he wanted to modify the garage rather than remove it. He thought the best thing to do was to withdraw his application and noted that he could not screen the sign on the back of the restaurant from Mr. Kelchlin’s house. Mr. Denz stated that the sign faced Route 400, not Mr. Kelchlin’s house.

5-B    LEGAL NOTICES

1.    (continued)

Councilman Osmanski disagreed and stated that he visited Mr. Kelchlin’s house and he could see the sign from his yard.

Mr. Denz noted that Mr. Kelchlin could also see cars on Transit Road from his yard. He did not believe that he could satisfy Mr. Kelchlin.

Councilman Hicks stated that the board was only asking for a landscape plan.

Mr. Denz questioned if there were any other issues he needed to address.

Councilman Graber also asked that the lighting be addressed.

Councilman Osmanski noted that the board was not asking Mr. Denz to screen his building. They were asking for a landscape plan so that the neighbors on Seneca Street were not just looking at a six foot high fence.

Mr. Denz questioned if the Town Board could approve the rezoning subject to approval of the landscape plan at the May 14th meeting, so that he could proceed with the engineering of the parking lot.

Councilman Osmanski stated that if Mr. Denz submits a landscape and lighting plan prior to the May 14th meeting, they will call a special meeting within three days to act on the application.

Mr. Greenan suggested that Mr. Denz work with Consultant Wendy Salvati to ensure that his submission to the board is complete.

Mr. Czuprynski further noted that there was a letter from Erie County concerning the driveway onto Seneca Street and this should be indicated on the plan. Any modification to the garage should also be shown. Section AA on the plans submitted should show how high the fence is and what it is screening.

Councilman Osmanski suggested that Mr. Denz submit the landscape plan to Mrs. Salvati for her comment prior to having it placed on the final plan.

Mr. Herdzik asked that the Town Board hold the public hearing open so that the public will have an opportunity to comment on the final plan submitted.

Mr. Greenan stated that the board could close the public hearing and direct that Mrs. Salvati be available to address any concerns of Mr. Herdzik and Mr. Kelchlin.

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

This item was held over pending receipt of a landscape and lighting plan for the project.

2.   Motion by Councilman Hicks, seconded by Councilman Osmanski, 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 395 WEST AVENUE, BEING PART OF LOT NO. 185, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR AUTOMOTIVE REPAIR” in the Town of West Seneca, be received and filed.             (B & G Automotive, LLC)

5-B    LEGAL NOTICES

2.    (continued)

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

Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its March 22, 2007 meeting, the Planning Board recommended approval of the request for a special permit for property located at 395 West Avenue, being part of Lot No. 185, changing its classification from M-1 to M-1(S), for automotive repair, with the following stipulations: 1) no outside storage of unlicensed vehicles or auto parts; 2) no retail sale of automobiles; 3) no spray painting of vehicles on the property.”

George Heber, 8546 Jennings Road, Eden, stated his request for a special permit for 395 West Avenue for automotive repair.

Councilman Graber noted that this was an existing building and the special permit would pertain to one of the bays within the building.

No comments were received from the public.

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

Motion by Councilman Osmanski, seconded by Councilman Graber, to grant the request for a special permit for property located at 395 West Avenue, being part of Lot No. 185, changing its classification from M-1 to M-1(S), for automotive repair, with the following stipulations: 1) no outside storage of unlicensed vehicles or auto parts; 2) no retail sale of automobiles; 3) no spray painting of vehicles on the property.

On the question, Councilman Graber commended the property owner, Dan Reidy, on running a nice facility on West Avenue.

*APPENDICES*

3.   Motion by Councilman Osmanski, seconded by Councilman Bove, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS AND, IF NEED BE, ACT UPON LOCAL LAW NO. 4 OF THE YEAR 2007, THAT WOULD ENACT SITE PLAN REVIEW” in the Town of West Seneca, be received and filed.

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

Town Attorney Timothy Greenan stated that as part of the Comprehensive Plan the Town of West Seneca recognized the need for a Site Plan Review Ordinance in the town. The Site Plan Review Ordinance is provided for under New York State Town Law and allows the Town Board to grant site plan approval authority to the Planning Board. With the adoption of this ordinance, certain projects in the town will be subject to site plan approval. The purpose and intent of this is to increase the quality of development in town.

5-B    LEGAL NOTICES

3.    (continued)

Councilman Osmanski stated that this was Step 1 in trying to enact the action plans from the Comprehensive Plan. It does not affect any single-family or two-family residential buildings or any permitted accessory residential structures. Every other type of building permit would have to go through the site plan review process, except for obtaining a site plan waiver if the change to the structure is a small amount that would not affect the looks or feel of the building. Councilman Osmanski stated that they were not trying to put businesses through extra steps, but they wanted to have some impact on the look and feel of a business so that it conforms appropriately to the neighborhood.

Dave Monolopolus, 97 Lexington Green, was happy that the site plan review process was being adopted and asked that the ordinance be put on the website so that people can read it and become aware of it. He also encouraged the Town Board to update the Town Code to match the intent of the Comprehensive Plan.

Councilman Osmanski noted that they were in the process of addressing the action plans that were in the Comprehensive Plan and another public hearing was scheduled for the next Town Board meeting. He commended the Planning Board members, Zoning Board members, Building & Plumbing Department, and Engineering Department on their efforts in reviewing the draft of the Site Plan Review Ordinance and the comments they made.

Karen Lucachick, 61 Greenmeadow Drive, referred to §98-3 and noted that the Planning Board was being granted authority to approve or disapprove plans. She questioned if this was any different than the way it has been in the past.

Councilman Osmanski responded that previously the Planning Board only acted on rezonings and subdivision approvals. They had no authority over a building permit for a properly zoned piece of property. Adoption of the Site Plan Review Ordinance will give the Planning Board authority to review and approve construction on a properly zoned parcel. The plan must conform to the Town Codes, fit into the character of the neighborhood, and address other items such as the number of driveways.

Ms. Lucachick referred to the Potter Road school property and questioned how site plan approval would have affected that when there was no definite plan as to what would be built on the property.

Councilman Osmanski stated that rezoning the Potter Road property was a use change. When they vote on rezoning applications, they were not supposed to be voting on a specific project because the property could be used for anything that falls within that zoning.

Mr. Greenan further stated that with the Site Plan Review Ordinance, when the property owner applies for a building permit they will be required to go to the Planning Board and go through the site plan approval process. It is not a complicated process, but it considers all the impacts of the project.

Amy Carpenter, 406 Woodward Crescent, questioned how the Planning Board will determine the character of a neighborhood and what they will use as a standard.

Mr. Greenan responded that this would involve an overlay district, which is the next step in the process. They would have to develop overlays for various areas in town as developed in the Master Plan.

Ms. Carpenter requested a time frame for development of the overlays.

Councilman Osmanski estimated that it would take approximately three months.

5-B    LEGAL NOTICES

3.    (continued)

Ms. Carpenter questioned if an existing property that does not meet the character they hoped to have would be subject to site plan review if it is sold.

Mr. Greenan responded that site plan review is triggered by application for a building permit or a significant change in use.

Bill Klee, 100 Knox Avenue, questioned if the Site Plan Review Ordinance would do anything to protect the flood plains.

Mr. Greenan responded that flood plains were already protected by the Flood Plain Ordinance, but the Site Plan Review Ordinance will ensure that projects go through coordinated review and the SEQR process.

Councilman Osmanski noted that after adoption of the Site Plan Review Ordinance it is filed with the Secretary of State, so the ordinance should be effective within 40 days. Anything submitted after that time will have to go through the site plan review process.

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

Motion by Councilman Osmanski, seconded by Councilman Bove, to adopt Local Law No. 4 of the year 2007 that will enact site plan review in the Town of West Seneca and issue a negative declaration with regard to SEQR” in the Town of West Seneca.

*APPENDICES*

5-C   COMMUNICATIONS

1.   Council Member Bove re Resolution addressing vacant properties

Motion by Councilman Bove, seconded by Councilman Hicks, to adopt the attached resolution addressing vacant properties as a regional issue.

On the question, Councilman Bove stated that the National Vacant Properties Campaign issued a report outlining their policy and recommended creating an Erie-Buffalo Vacant Properties Coordinating Council and establishing the Buffalo-Niagara area as a Vacant Property Living Laboratory. The council was already established and was comprised of local elected officials, assessors, judges, attorneys, housing inspectors and concerned citizens working together on addressing vacant property issues. The council will also review and recommend changes to outdated zoning codes to encourage economic development. Councilman Bove had been working on vacant properties with the Code Enforcement Office and they were on top of this issue, but she realized that the issue was going to grow and wanted West Seneca to be part of the council.

*APPENDICES*

5-C    COMMUNICATIONS

2.   Town Attorney re Public hearing for Leydecker Road Watermain Loop Project

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for May 14, 2007 at 7:30 P.M. to consider improvements to West Seneca Water District No. 3, Leydecker Road Watermain Loop Project, Job No. L-0607.

*APPENDICES*

3.   Town Attorney re Public hearing for relocation of Aries Transportation Services Inc.

Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for May 14, 2007 at 7:30 P.M. to consider relocation of Aries Transportation Services, Inc. from the Town of West Seneca to an Economic Development Zone in the City of Buffalo.

4.   Town Engineer re Bid date for Knox Avenue Reconstruction Project

Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of May 14, 2007 at 10:00 A.M. for receipt of bids on the Knox Avenue Reconstruction Project, Job No. K-0701.

5.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Engineering Department:

6.   Highway Supt. re Title change for Lynn Burgess to Highway MEO

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Lynn Burgess as Highway Crew Chief and appoint Lynn Burgess as Highway Motor Equipment Operator effective April 2, 2007 at a rate of $22.06 per hour, Group 2, Step 5, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5-C    COMMUNICATIONS

7.   Highway Supt. re Perfect Attendance Bonus for part-time laborers at Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant the following part-time laborers at the Ice Rink a Perfect Attendance Bonus of $.50 per hour worked:

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

8.   Highway Supt. re Status change for part-time Bldgs. & Grounds laborers to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time laborers in the Bldgs. & Grounds Department to part-time seasonal effective April 23 – September 23, 2007:

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

9.   Highway Supt. re Status change for seasonal laborers T. Ignatowski & T. Oleski to part-time

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time seasonal laborers Thomas Ignatowski and Tom Oleski to part-time effective April 23 – September 23, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5-C    COMMUNICATIONS

10.   Highway Supt. re Attendance at 2007 Highway School

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Deputy Highway Supt. Edward Kowalewski and Highway Supt. Patrick Finnegan to attend the 2007 Highway School at Ithaca College, June 3 – 6, 2007 at a total cost not to exceed $1000.

11.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of the following vouchers for the Highway Department:

12.   Chief Gehen re Reinstatement of Kathleen Brenner from leave of absence

Motion by Councilman Osmanski, seconded by Councilman Graber, to reinstate Clerk Stenographer Kathleen Brenner from her leave of absence effective April 9, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Chief Gehen re Status change for part-time Public Safety Dispatcher James Kavanaugh

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatcher James Kavanaugh to part-time seasonal effective April 1 – 30, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Chief Gehen re Attendance of Lt. Cunningham at Child Abuse & Exploitation Investigative school

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Lt. John Cunningham to attend the Child Abuse and Exploitation Investigative Techniques school in Rochester, New York, April 29 – May 4, 2007 at a total cost not to exceed $805.

15.   Chief Gehen re Attendance of Lt. Urbanski & Det. Connors at Canadian American Law conference

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Lt. John Urbanski and Detective Daniel Connors to attend the Canadian American Law Enforcement Organization conference in Niagara Falls, Ontario, May 9 – 11, 2007 at a total cost not to exceed $765.

5-C    COMMUNICATIONS

16.   Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $3583 to George’s Collision for repairs to Car #18.

17.   Town Clerk re Southgate Plaza amusement license

Motion by Councilman Osmanski, seconded by Councilman Hicks, to issue an amusement license to Southgate Plaza Inc. for their Spring Carnival to be held May 25 – 28, 2007.

18.   Code Enforcement Officer re Out of title pay for Robert Pinnavaia

Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize out-of-title pay for Robert Pinnavaia effective April 1 – April 6, 2007 at the hourly rate of $42.91.

19.   Code Enforcement Officer re Nuttos request for electronic message sign

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission to Nuttos to install a 3.5’ x 8’ pedestal sign with an electronic message board at 3907 Seneca Street.

20.   Code Enforcement Officer re Dog Pound Café request for electronic message sign

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission to Angelo Castricone to install an electronic message sign at the Dog Pound Café, 2239 Union Road.

21.   Recreation Director re Status change for part-time Recreation Attendants to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time Recreation Attendants to part-time seasonal effective April 8 – May 31, 2007:

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

5-C    COMMUNICATIONS

22.   Recreation Director re Termination of lifeguards and appointment of recreation attendants

Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate the following as part-time lifeguards:

and appoint the following as part-time Recreation Attendants at a rate of $7.15 per hour:

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

5-D    REPORTS

ISSUES OF THE PUBLIC

CANISIUS PROJECT ON CLINTON STREET

Don Grasso, 64 Lexington Green, questioned if a building permit had been issued to Canisius for their project on Clinton Street.

Code Enforcement Officer William Czuprynski advised that Canisius was issued a building permit for Clinton Street.

Mr. Grasso noted that he had 60 days from the time of official notification to file an appeal and he would count this date as official notification.

SOCCER COMPLEX ISSUES

Michael Lowe, 98 Southgate Drive, questioned if the 2006 financial records for the soccer complex were available yet.

Comptroller Charles Koller responded that these records were in the process of being completed.

Mr. Lowe questioned how much was charged for rent at the soccer field.

Councilman Hicks responded that there was a fee schedule for soccer games with various amounts.

Amy Carpenter, 406 Woodward Crescent, questioned if the people that host games were allowed to charge for parking.

ISSUES OF THE PUBLIC

SOCCER COMPLEX ISSUES (continued)

Councilman Hicks stated that last August there was a tournament sponsored by the Buffalo Chamber of Commerce and they charged for parking for the tournament, but this should not be happening again. He suggested that Ms. Carpenter contact himself or Councilman Bove if she has knowledge of any other group charging for parking.

STATUS OF CAT NUISANCE COMPLAINT

Johanna Guenther, 140 Neubauer Court, referred to a previous Town Board meeting and a resident that was having a problem with cats in his neighborhood. She questioned if anything had been done to help the resident.

Town Attorney Timothy Greenan stated that after that meeting he contacted Dog Control Officers William O’Neil and Alan Kerner to discuss what they could do about the cat nuisance problem. Under the town’s ordinance they could not regulate cats, but they made traps available to the property owner so he could trap any wild cats that trespassed on his property. They also furnished him with information on two organizations that trap feral cats.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

GAS LIGHT CONVERSION PROJECT

Councilman Graber asked that Town Engineer George Montz verify that Siemens was moving ahead with the landscaping repairs on the gas light conversion project now that the weather had broken.

Mr. Montz responded that there was a schedule for landscaping repairs and they were expected to start this week.

BID DATE FOR COMMUNICATIONS SYSTEM

Motion by Councilman Graber, seconded by Councilman Osmanski, to set a bid date for May 15, 2007 at 10:00 A.M. for receipt of bids on the Town of West Seneca communications system.

STATUS CHANGE FOR DAN MCPARLANE TO PART-TIME SEASONAL LABORER

Motion by Councilman Bove, seconded by Councilman Hicks, to change the status of part-time laborer Dan McParlane to part-time seasonal effective April 23 – September 23, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

BID AWARD FOR WENRO PLACE & FORRESTAL LANE RECONSTRUCTION PROJECT

Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the Wenro Place & Forrestal Lane Reconstruction Project, Job No. W-0601, to Occhino Corporation 2650 Seneca Street, West Seneca, at their low contract amount of $284,900 and authorize the Supervisor to sign the contract documents.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PUBLIC HEARING ON AMENDMENTS TO SOLID WASTE ORDINANCE

Motion by Councilman Hicks, seconded by Councilman Osmanski, to schedule a public hearing for May 14, 2007 at 10:00 A.M. to consider amendments to the Town Code, §101 - Solid Waste, changing from plastic bags to solid containers.

On the question, Councilman Hicks stated that he and Highway Supt. Patrick Finnegan met with the County of Erie and there is a definite rat problem in Erie County. Changing from plastic bags to solid containers will eliminate the food source and stop the spread of rats. New York State Law also calls for garbage to be in solid containers, so this will bring the town into compliance.

ADJOURNMENT

Motion by Councilman Hicks, seconded by Councilman Osmanski, to adjourn the meeting at 9:30 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK