West Seneca Town Board Meeting Minutes 07/16/2007


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2007-09
West Seneca, NY 14224 July 16, 2007

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 -

Paul T. Clark   Supervisor
Christopher F. Osmanski   Councilman
Vincent J. Graber Jr.   Councilman
Craig J. Hicks   Councilman
Christina Wleklinski Bove   Councilman

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 Daniel Iwankow, John D. “Jack” Bartels M.D., and Donald Wegner.

9-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2007-8 of June 25, 2007.

    Ayes: All Noes: None Motion Carried

    9-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 IN THE CAMELOT SQUARE SUBDIVISION, BEING PART OF LOT NOS. 380, 381, 386 & 387, CHANGING ITS CLASSIFICATION FROM R-75 TO R-50(S), FOR A PATIO HOME DEVELOPMENT WITH 50 FOOT FRONTAGE LOTS” in the Town of West Seneca, be received and filed.                (Eugene R. Piotrowski)

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Supervisor Clark read a letter from Ralph Lorigo, Attorney for Eugene Piotrowski, advising of Mr. Piotrowski’s withdrawal of his application for a rezoning and special permit for patio homes based on the concerns expressed by the neighbors. Supervisor Clark stated that the Town Board could take action at this meeting to ensure that Mr. Piotrowski could not resubmit this type of application for at least one year.

    Amy Carpenter, 406 Woodward Crescent, asked for clarification on Supervisor Clark’s comment. She further questioned how patio homes were assessed for tax purposes.

    Supervisor Clark responded that if the Town Board voted to deny this application, Mr. Piotrowski could not submit the same or a similar request for one year. With regard to their assessment, Supervisor Clark understood that patio homes did not necessarily receive additional reductions due to the New York State assessment review. They would be assessed at the town’s equalization rate, which is about 50 percent of their market value. Although the placement of this project was in question, there was a national surge in the demand for patio homes by baby boomers, empty nesters, and seniors. It was a popular form of housing that yielded a lot of tax revenue for a fairly low amount of services.

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

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 July 16, 2007
    Page two . . .

    9-B    LEGAL NOTICES

    1.    (continued)

    Motion by Councilman Osmanski, seconded by Councilman Graber, to deny the request for a rezoning and special permit for property located in the Camelot Square Subdivision, being part of Lot Nos. 380, 381, 386 & 387, changing its classification from R-75 to R-50(S), for a patio home development with 50 foot frontage lots.

    Ayes: All Noes: None Motion Carried

    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 REZONING FOR PROPERTY LOCATED AT 412 FRENCH ROAD, BEING PART OF LOT NO. 12, CHANGING ITS CLASSIFICATION FROM C-2(S) TO R-75, FOR NEW RESIDENTIAL CONSTRUCTION” in the Town of West Seneca, be received and filed.                (French Quarter Manufactured Home Park)

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its June 14, 2007 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 412 French Road, being part of Lot No. 12, changing its classification from C-2(S) to R-75, for residential use.”

    Brian Piotrowski, 62 Cove Creek Run, represented the French Quarter Manufactured Home Park and stated that the parcel to be rezoned was 151’ x 160’. There was a single family home on one side of the parcel with a 75-foot lot and the side of the parcel and across the street was zoned for industrial use. The parcel to be rezoned would have to be separated from the French Quarters and then divided into two 75-foot building lots.

    Councilman Osmanski questioned why this parcel was originally included in the rezoning for the mobile home park.

    Mr. Piotrowski responded that this parcel was part of the property they had purchased for the mobile home park, but it was isolated from the rest of the property.

    Councilman Bove questioned if this parcel was used for green space for the mobile home park and understood that only manufactured homes could be put in this area.

    Code Enforcement Officer William Czuprynski stated that 15 acres of land was necessary for the mobile home park project. At the time the mobile home park was developed, they had proposed apartments, doctors’ offices, or business offices for the park for this parcel. The front part was never set aside for green space. The green space was in the back of the park along the creek.

    Councilman Bove did not believe there was a lot of green space in the neighborhood. It appeared to her that the project was built with the homes inside the area and the outside being green space. She was hesitant to take away the green space.

    Mr. Piotrowski noted that the parcel had not been maintained and was actually an overgrown field. The beauty was at the entrance to the park.


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    1250 Union Road Minutes #2007-09
    West Seneca, NY 14224 July 16, 2007
    Page three . . .

    9-B    LEGAL NOTICES

    2.    (continued)

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request for a rezoning for property located at 412 French Road, being part of Lot No. 12, changing its classification from C-2(S) to R-75, for new residential construction, in the Town of West Seneca.

    On the question, Councilman Hicks stated that he thought Mr. Piotrowski’s development was the finest run mobile home park in any town. He further commented that there was plenty of green space at the entrance to the park and in the back yards of the mobile homes. Councilman Hicks thought that Mr. Piotrowski would also do a good job with the proposed project.

    Supervisor Clark agreed and stated that he frequently met with the residents of the mobile home park and they obviously loved their community. He did not see any problem with Mr. Piotrowski’s proposal for this parcel.

    Councilman Graber noted that the French Quarters Homeowners Association was very vocal and he did not see anyone in attendance at this meeting to oppose the rezoning request.

    Ayes:  (4)    Councilman Osmanski, Councilman Hicks, Councilman Graber, Supervisor Clark
    Noes:  (1)   Councilman Bove
    Motion Carried

    *APPENDICES*

    3.   Motion by Councilman Osmanski, seconded by Supervisor Clark, 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. 9 OF THE YEAR 2007, TO AMEND ‘CHAPTER 120: ZONING’ OF THE TOWN CODE” in Town of West Seneca, be received and filed.

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Town Attorney Timothy Greenan advised that Local Law No. 9 involved modifications to the town’s use regulations. Each of the sections of the town Zoning Ordinance dealing with the various zoning districts did not have a purpose and intent section. During the course of the Master Plan revisions, the town’s consultant, Wendel Duchscherer, had suggested various purpose and intent sections to precede each zoning district for purposes of clarity and enforcement of the Town Board’s decisions with regard to zonings and rezonings. The Town Attorney’s Office reviewed the language and incorporated it verbatim as suggested in the Master Plan.


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    West Seneca, NY 14224 July 16, 2007
    Page four . . .

    9-B    LEGAL NOTICES

    3.    (continued)

    Councilman Osmanski stated that this amendment will define why each section is in the Town Code. Before each of the zoning classifications, it will explain in simple words what was meant to be built there. Wendel Duchscherer had suggested this because many times in a lawsuit a developer can use a technicality and a Judge may refer to the Town Code and the intent of it. Councilman Osmanski commented that this addition to the Town Code will help simplify and strengthen it.

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to enact Local Law No. 9 of the year 2007 to amend Chapter 120 – Zoning, in the Town of West Seneca.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    9-C    COMMUNICATIONS

    1.   Town Attorney re 2007 Community Development Block Grant agreement

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute an agreement between the County of Erie and the Town of West Seneca regarding housing activities under the Community Development Block Grant for the year 2007, noting that this agreement provides the County’s administration of the town’s Block Grant Funds and reimbursement to the town in an amount not to exceed $16000 for the services of our Community Development Loan Officer.

    Ayes: All Noes: None Motion Carried

    2.   Town Engineer re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2261.12 to STS Trailer & Truck Equipment for truck repairs and $15,892.55 to M/R Simoncelli Electric, Inc. for landscaping at various locations on the gas light conversion project.

    Ayes: All Noes: None Motion Carried

    3.   Highway Supt. re Title change for Donald Kraft to Highway MEO

    Motion by Councilman Osmanski, seconded by Councilman Bove, to change the title of Donald Kraft from Highway Laborer to Highway Motor Equipment Operator at a rate of $22.06 per hour, Group 2, Step 5, effective July 16, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 July 16, 2007
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    9-C    COMMUNICATIONS

    4.   Highway Supt. re Title change for Philip Steffan to Sanitation MEO

    Motion by Councilman Osmanski, seconded by Councilman Graber, to change the title of Philip Steffan from Sanitation Laborer to Sanitation Motor Equipment Operator at a rate of $17 per hour effective July 16, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    5.   Highway Supt. re Purchases requiring Town Board approval

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

    Lakeside Sod Supply, Inc.   (ball diamond soil)     $3340.00

    Heavy Duty Parts, Inc.   (truck repairs)     $4078.45

    Fleet Maintenance, Inc.   (truck repairs)     $1974.68

    Ayes: All Noes: None Motion Carried

    6.   Chief Gehen re Designation of National Night Out

    Motion by Councilman Osmanski, seconded by Councilman Bove, to designate Tuesday, August 7, 2007 as the date for observance of National Night Out to be held at the Southgate Plaza from 5 P.M. until 9 P.M., noting that the Buildings & Grounds Department cooperates and assists in setting up and dismantling any needed equipment.

    Ayes: All Noes: None Motion Carried

    7.   Chief Gehen re Status change for J. McCullough & J. Kavanaugh to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatchers James McCullough and James Kavanaugh to part-time seasonal effective July 1 – 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    8.   Chief Gehen re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2052.63 to Anthony Serafini for reimbursement of training expenses at the police academy.

    Ayes: All Noes: None Motion Carried

    9.   Recreation Director re Termination of D. Garippo & appointment of R. Hatch as Bus Driver PT

    Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Dawn Garippo as part-time Recreation Bus Driver effective June 1, 2007 and appoint Renee Hatch as part-time seasonal Recreation Bus Driver at a rate of $10.60 per hour effective July 5 – September 30, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-09
    West Seneca, NY 14224 July 16, 2007
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    9-D   REPORTS

  • Patricia C. DePasquale, Town Clerk’s report for June 2007 received and filed.

  • William P. Czuprynski, Code Enforcement Officer’s report for June 2007 and Plumbing Inspector’s report for May & June 2007 received and filed.

    ISSUES OF THE PUBLIC

    ICE CREAM TRUCK JINGLE DISTURBING THE PEACE

    Frank Boncore, 250 Heather Hill Drive, commented on the ice cream trucks that travel through the town in the summer and play a jingle on the loudspeaker. He thought the jingle was a nuisance when it was played over and over again and suggested that the town adopt an ordinance prohibiting them from repeatedly playing the jingle.

    Asst. Chief Daniel Denz advised that ice cream vendors were strictly enforced through the NYS Vehicle and Traffic Law with regard to parking and selling on the streets.

    Mr. Boncore did not believe they should be allowed to disturb the peace by playing their jingle over the loudspeaker.

    LANDSCAPE RESTORATION ON GAS LIGHT CONVERSION PROJECT

    Frank Boncore, 250 Heather Hill Drive, referred to the lawn restoration for the gas light conversion project and was not happy with the work that was performed. He did not believe the Town Board should have paid the contractor and asked that they do something to resolve this issue.

    Councilman Hicks stated that he had met with Mr. Simoncelli, the landscaper, Siemens, and Town Engineer George Montz and they discussed concerns with regard to the landscaping. If 70 percent of the area was not grown in, the landscaper agreed to come back at the beginning of September and reseed or re-sod the areas. The bill paid to Simoncelli at this meeting was only for the areas where National Fuel took out their gas lights. They would be holding back a 10 percent retainer when they pay the contractor.

    FLOOD INSURANCE ISSUE

    Bill Glair, 92 Parkside Drive, stated that he recently attended a flood control meeting in the City of Buffalo and had hoped to see some West Seneca officials in attendance, but no one was there. He presented a brochure concerning the flood insurance issue and stated that he had paid $800 in flood insurance annually for the last 20 years and did not get anything out of it. At least ten of his neighbors were also paying flood insurance. Mr. Glair asked that the board members contact Buffalo Common Council Members Michael Kearns and Richard Fontana and speak up for the people in West Seneca that had to pay flood insurance.

    Supervisor Clark responded that the Town of West Seneca has been very involved in the flood insurance issue. He was not aware of the meeting that took place, but had been in contact with Congressman Brian Higgins and Senator Charles Schumer regarding this issue. Supervisor Clark stated that the current Town Board took an active step when they revived the ice retention project that was originally proposed in the 1960’s and along with the Army Corps of Engineers built the ice control structure in Cazenovia Creek.

    Councilman Bove stated that she had spoken with Buffalo Common Council Members Michael Kearns and Richard Fontana and the West Seneca Town Board was on board with regard to the flood insurance issue.

    Diane Siminski, Parkside Drive, understood that Councilman Bove would be the liaison for the residents concerning flood insurance and asked that she provide updates regularly on this issue.


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    West Seneca, NY 14224 July 16, 2007
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    ISSUES OF THE PUBLIC

    FLOOD INSURANCE ISSUE    (continued)

    Councilman Bove stated that she would keep Mrs. Siminski updated on this issue and the residents may even be requested to attend some of the meetings.

    KNOX AVENUE SIDEWALKS

    Susan Joyce, 151 Knox Avenue, referred to the sidewalk issue on her street and the problem it had caused in the neighborhood. She noted that the final vote had a number of no responses and the residents were wondering why people would not respond with their choice. Mrs. Joyce thought there were a lot of residents that were fearful of divulging that they were in favor of the sidewalks because of the people that were against them and were going door-to-door voicing their opinion loudly. She did not believe that any vote conducted at this point would be considered fair by either side, and the worst part was that since the sidewalks were voted down, several disabled and elderly people would be losing their sidewalks. Mrs. Joyce thought this issue had turned into a mockery for the government and the residents of Knox Avenue, and she did not believe that it should have gone to a vote by the residents. Since public restoration projects were to make the streets safer and improve conditions, she thought that town government should make the decision, not the residents of the street that were voting with emotion. Mrs. Joyce suggested that Supervisor Clark create a set of standards for the town that will make things consistent for every street to avoid this problem in the future.

    Supervisor Clark stated that the Town of West Seneca had many different types and styles of streets and Knox Avenue was unusual because there were some sections with sidewalks and some without. The Town Board was trying to give people what they wanted in their neighborhood while keeping public safety a factor, but other factors have also come up concerning the severe abbreviation of parking in residents’ driveways. Supervisor Clark understood that there was continued controversy over this issue and the Town Board was trying to find an answer that would be the most acceptable for the neighborhood, town, and public in general. The latest discussion they had was that they would like to try to keep the general framework regarding the sidewalks the same, so anyone that already had sidewalks would continue to have them.

    Councilman Bove stated that she had received a number of calls over the weekend from the residents of Knox Avenue, and she contacted Town Engineer George Montz for information on where the sidewalks were located to look for a pattern or answer to this issue. Mr. Montz furnished her with information on the groupings of each of the three blocks. The middle grouping currently had sidewalks and 77 percent of them wanted to keep the sidewalks. The third grouping had no sidewalks and wanted to keep it that way.

    Councilman Hicks stated that he also received calls from the residents and there were handicapped people in the middle block that were concerned about losing their sidewalk. He was not prepared to make sidewalks mandatory, but he did want to try to keep everyone happy if possible. Councilman Hicks thought their best course of action would be to restore the neighborhood the way it is.

    Councilman Osmanski noted that Knox Avenue was a long street and it was difficult to deal with the different blocks, but he did not see why they could not address each block separately as if it were a separate street.

    Mrs. Joyce was happy that the Town Board was taking the time to consider each block and asked if the board had definitely decided to vote in favor of sidewalks on the middle block.

    Supervisor Clark did not believe a motion was necessary on this issue and thought they could just make it a directive.


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    West Seneca, NY 14224 July 16, 2007
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    ISSUES OF THE PUBLIC

    KNOX AVENUE SIDEWALKS    (continued)

    Mr. Montz stated that they would use an offset similar to the existing sidewalks.

    Bob Zeck, 138 Knox Avenue, stated that he lived in his home for 30 years and was in favor of sidewalks on his street. Mr. Zeck walked a lot and often walked to and from his job at Wegman’s. He walked Indian Church Road and Mineral Springs Road and thought they were safer in some respects than Knox Avenue because they had a large shoulder, were plowed well, and there were no parked cars along the road. Mr. Zeck noted that his wife works at Aspire for the disabled and understood their need for sidewalks. He thought that considering each block separately was a good idea and was also in favor of the original setback of 5 ˝ feet.

    Terry Loveland, 286 Knox Avenue, stated that there was no consistency with the sidewalks on Knox Avenue, and she thought the board’s plan to put sidewalks only on the center block would just perpetuate the spotty appearance of the neighborhood. Mrs. Loveland stated that a fourth vote was held, the people voted in good faith, and she thought the board should abide by the results of that vote. Mrs. Loveland further noted that she had received a hate mail because of her position on this issue.

    Ken VanRemmen, 39 Knox Avenue, stated that all the residents of Knox Avenue received a letter to vote on the sidewalks and the result of the vote was that there would be no sidewalks on Knox Avenue. He did not think the results of that vote should be ignored.

    Councilman Osmanski stated that this entire issue had become a disaster. When they discussed taking the final vote, they were going to go to the houses of those residents that did not respond to ensure that they were not overlooked and were given the opportunity to vote. However, through miscommunication the results went out before this could be done. They were trying to get the opinion of all the residents of Knox Avenue, not just the most vocal. Councilman Osmanski also did not believe that all three blocks had to be treated the same, and the residents of the middle block that already had sidewalks voted overwhelming to keep them.

    Councilman Hicks noted that there were some disabled persons living in the center block of Knox Avenue and they had the right to have sidewalks in front of their homes. He further stated that the Town Board could be made to install sidewalks there through the Americans with Disabilities Act.

    Colleen Bogue, 157 Knox Avenue, was happy with the Town Board’s decision on the sidewalks and noted that she lives on the middle block where there are sidewalks and she wanted to keep them. She had witnessed small children riding their bicycles in the street and thought this was a safety issue considering the speeding on the road. Mrs. Bogue also stated that on the weekend there were 26 parked cars on the third block of Knox Avenue on both sides of the road. With only one lane open and no sidewalks there was no place for the children to play.

    Supervisor Clark noted that for safety reasons the children should not be playing in the street.

    GRADING PROBLEM AT ROLLING RIDGE SUBDIVISION

    Art Haas, 217 French Lea Road, referred to the Rolling Ridge Subdivision that was under construction behind French Lea Road and stated that there was a grading problem and it needed to be filled in.

    Town Engineer George Montz stated that he would have someone from his department visit the site and report back to Mr. Haas.


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    ISSUES OF THE PUBLIC

    SPEEDING ON FRENCH LEA ROAD

    Art Haas, 217 French Lea Road, commented on a speeding problem on his street and asked that the Police Department address this.

    Asst. Police Chief Daniel Denz stated that French Lea Road was used as a cut through from Clinton Street to French Road. He would discuss this issue with Chief Gehen and suggest setting up the speed trailer on French Lea Road.

    UPDATE ON FOIL REQUEST ON SOCCER PARK

    Frank Russo, Parkside Drive, stated that he had requested information on March 26, 2007 concerning the revenue from the soccer park in 2006 and the cost to the taxpayers of West Seneca. Mr. Russo still had not received a response and he questioned why the town was refusing to give out this information.

    Councilman Hicks stated that the town took over the soccer park because it was being run improperly and they were not paying for use of the park. The town did not take over the soccer park to make money, but to offset some of the costs of maintenance of it. Councilman Hicks stated that Mrs. Russo was at the last meeting and Deputy Town Attorney Paul Notaro had spoken to her on this issue.

    Mr. Russo stated that he still had not received any information on the financial status of the soccer park. He further questioned if Councilman Bove as liaison to the soccer park and Councilman Osmanski as a soccer coach had a schedule of events for the soccer park.

    Councilman Bove responded that she did not have a schedule of events for the soccer park.

    Councilman Osmanski responded that he had a schedule of the games to be played at the soccer park and it was posted.

    Mr. Russo did not believe the soccer park was being run any better by the town and thought it was costing the taxpayers more money. He also noted that the concession stand was supposed to bring the town $30,000 in revenue, but the Town Board recently awarded the bid for $300 a month which will not even pay the utilities.

    Councilman Osmanski stated that the Town Board responded to complaints about maintenance of the soccer park from the residents of Parkside Drive and took over with the Buildings & Grounds Department so it would be better maintained. He thought the soccer park looked better since the town took over maintenance. Other issues with the residents were the older leagues playing at the soccer park, the noise on Sundays, and the games being played on fields too close to the homes. In response to those complaints, the board banned some of the older teams and moved the games away from the residents’ homes.

    Mr. Russo stated that the games had not been moved away from the residences.

    Councilman Bove stated that there were fewer games played at the soccer park this year than last year and there were no men’s leagues playing in the fall as in prior years.

    Mr. Russo stated that a men’s league played at the soccer park every Saturday and Sunday. He questioned why the Town Board would not furnish any information on the rental income for 2006.


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    ISSUES OF THE PUBLIC

    UPDATE ON FOIL REQUEST ON SOCCER PARK   (continued)

    Mr. Notaro stated that he had told Mrs. Russo at the last Town Board meeting that he would have this information by the end of July. Mr. Russo made a number of freedom of information (FOIL) requests and they all took a significant amount of time to address by his office and the other departments. Some of the items requested were not able to be produced because they were not documents that addressed exactly what Mr. Russo was requesting. In an effort to be as explicit and open as possible, the Town Attorney’s office went back to various departments to clarify things and get the information requested. The majority of FOIL requests received could be denied because the documents do not readily exist. Mr. Notaro noted that Mr. Russo had at least six active FOIL requests filed in the Town Attorney’s office and they were attempting to gather the information and be as open as possible.

    Mr. Russo thought that with the use of computers the Comptroller’s Office should be able to readily furnish a report showing who paid what fees and how much the town received in revenue.

    COMMENT ON ELECTRONIC SIGNS

    Karen Lucachick, 61 Greenmeadow Drive, referred to the electronic reader board signs that were approved at the last Town Board meeting and thought they might be a distraction for people driving down the road. She thought the Town Board should be concerned about allowing any further signs of this type because of the distraction they created and the aesthetics.

    UPDATE ON ORCHARD PARK ROAD WIDENING

    Karen Lucachick, 61 Greenmeadow Drive, questioned if Councilman Graber had contacted Assemblyman Mark Schroeder about widening Orchard Park Road.

    Councilman Graber stated that he spoke with Assemblyman Schroeder and he would be looking into this.

    Mrs. Lucachick further asked that Councilman Graber push for a three lane highway like they had in Orchard Park, rather than a five lane highway. She was also hoping for sidewalks on Orchard Park Road to make it safer for pedestrians.

    PROPERTY MAINTENANCE ON CENTER ROAD

    Charles Harvey, 1210 Center Road, stated that he lived in his home for 33 years and the neighborhood had changed dramatically over the years. The property next door had an absentee landlord and Mr. Harvey had a problem with maintenance of the property and garbage being put at the road long before the collection day and blowing into his yard. He asked that the town contact the property owner to ensure that his property is maintained.

    UPDATE ON DUMPING NEAR SOCCER COMPLEX

    Amy Carpenter, 406 Woodward Crescent, requested an update on the property on Seneca Street near the soccer park and whether the New York State Department of Environmental Conservation (NYSDEC) had been contacted.

    Councilman Osmanski stated that Code Enforcement Officer William Czuprynski had contacted the NYSDEC and asked that they investigate the site. He also asked that they report back to him with their findings and he would then report to the Town Board.


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    West Seneca, NY 14224 July 16, 2007
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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    MILITARY LEAVE OF ABSENCE FOR JOSEPH STEEN

    Motion by Councilman Hicks, seconded by Councilman Osmanski, to grant a military leave of absence to Joseph Steen effective July 19 – 23, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    TERMINATION OF NICHOLAS MESSINA AS SUMMER HELP IN HIGHWAY DEPT.

    Motion by Councilman Hicks, seconded by Councilman Osmanski, to terminate Nicholas Messina as summer help in the Highway Department effective July 16, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    BID AWARD FOR 2007 SANITARY SEWER REHABILITATION PROJECT

    Motion by Councilman Graber, seconded by Councilman Osmanski, to award the 2007 Sanitary Sewer Rehabilitation Project, Job No. S-0703, to United Survey, Inc., 25145 Broadway Avenue, Oakwood Village, OH 44146 at their low, unit-item contract amount of $262,210 and authorize the Supervisor to sign the contract documents.

    Ayes: All Noes: None Motion Carried

    PASSPORT APPLICATIONS PROCESSED IN TOWN CLERK’S OFFICE

    Councilman Graber asked Town Clerk Patricia DePasquale if there had been any advertising that her office was accepting passport applications and questioned the possibility of a mailing.

    Mrs. DePasquale responded that she had included information on obtaining a passport in her article in the West Seneca Bee several times each year, it has been in the West Seneca Pennysaver and on the town website, and there are signs in Town Hall. She noted that the number of passports accepted by her office had tripled this year.

    UPDATE ON FISHING AND BOATING ACCESS PARK

    Councilman Bove stated that she had received a call from Senator Schumer’s office this morning asking how they could help in getting the fishing and boating access park, so she faxed them a copy of the narrative for the park. Councilman Bove suggested a few ways they could help such as a support letter, federal funding, or a visit from Senator Schumer to show him the potential for this project.

    UPDATE ON VACANT SENECA MALL SITE

    Councilman Bove stated that she recently visited the Seneca Mall site with Town Engineer George Montz to get his opinion on what conditions violated the town ordinance. She further noted that the Code Enforcement Office, Engineering Department, and Town Attorney’s office were headstrong into the issue of cleaning up this site, and Town Attorney Timothy Greenan recently sent a letter to the Pyramid Company in Syracuse. Councilman Bove commented that Pyramid Company was a bad neighbor in West Seneca and the underdeveloped area at the former Seneca Mall had a negative impact on the character of the neighborhood and the West Seneca community. It affected the health, safety and welfare of the town. Councilman Bove presented recent photographs of the site indicating abandoned light bases, cattails nine feet tall, standing water, broken fences, weeds, and trash. She thought it was appalling that a number of residents were referring to the Seneca Mall site as the “town dump.” Councilman


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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    UPDATE ON VACANT SENECA MALL SITE    (continued)

    Bove stated that Pyramid’s treatment of this property and the lack of maintenance was a nuisance and a blight to the community. She thought that if Pyramid was a reputable corporation and cared about its image, they would be proactive and keep the property maintained. They could choose to be a good neighbor and return the property to its natural state by planting grass and bordering trees, which would be a welcome change for the residents.

    Mr. Greenan referred to the letter he had sent to Pyramid last week calling to their attention certain conditions at the Seneca Mall site. Pyramid responded to the letter and stated that they would have the owner of the property, the S & R Company of West Seneca, come into town this week and be available to meet with Councilman Bove and Code Enforcement to go over the condition of the property, and they were willing to bring the property into compliance. He noted that he had received photographs from the Code Enforcement Office and a full, written report of what they believe are the violations under the Town Code and New York State Building Code. Mr. Greenan also questioned what Pyramid’s future plans were with the property and requested that someone from the ownership group contact the town and discuss their plans.

    Councilman Bove thought it was a good idea to meet with the owners and discuss their intentions for the property. If they did not intend to rent or sell the property, she wanted to know what they would do to be a good neighbor to the town.

    Councilman Osmanski suggested that the entire Town Board meet with the property owners when they come to town.

    WEST SENECA POLICE DEPARTMENT 75TH ANNIVERSARY

    Councilman Bove noted the board members’ receipt of a pin in honor of the 75th anniversary of the West Seneca Police Department and congratulated them on this anniversary.

    CONTRACT WITH LEVEL 3 COMMUNICATIONS

    Motion by Councilman Graber, seconded by Councilman Hicks, to enter into a three year contract with Level 3 Communications to continue providing dial tone to the Town of West Seneca.

    On the question, Councilman Graber stated that Verizon came in with a price 115 percent higher than Level 3.

    Councilman Bove stated that she had not received a copy of the proposal from Level 3 and was not prepared to vote on this issue without first reviewing the proposal.

    Supervisor Clark stated that he understood there were additional proposals forthcoming from Verizon.

    Councilman Graber was in receipt of additional proposals from Verizon and stated that Level 3 was $11.68 per line while Verizon was $25.98 per line. To enter into an agreement with Level 3 right now it would be over $18 per line. He thought they were giving the town a good price because they were a consistent customer. Councilman Graber referred to other Level 3 customers as follows: City of Tonawanda, North Tonawanda, Orchard Park, Hamburg, Cheektowaga, and Amherst who was going from $21,000 down to $5000. The new Public Safety Dispatch building in Buffalo also had Level 3. Councilman Graber agreed to table this item, but asked that it be placed on the next Town Board agenda. He would furnish the other board members with all the information and an individual to contact if they had any questions.


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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    CONTRACT WITH LEVEL 3 COMMUNICATIONS    (continued)

    Motion by Councilman Graber, seconded by Councilman Hicks, to table this item until the next meeting.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:45 P.M.

    Ayes: All Noes: None Motion Carried



    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK