West Seneca Town Board Minutes 04/18/2005


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2005-06
West Seneca, NY 14224 April 18, 2005

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 led by Boy Scout Troop #48.

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 Catherine R. Maggiotto.

6-A   MINUTES TO BE APPROVED

  • Motion by Councilman Hicks, seconded by Supervisor Clark, to approve Minutes #2005-05 of March 28, 2005.

    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the April 5, 2005 bid opening for the Dorr Street Reconstruction Project.

    Ayes: All Noes: None Motion Carried

    6-B    LEGAL NOTICES

    1.   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 SPECIAL PERMIT FOR PROPERTY LOCATED AT 512 BULLIS ROAD, BEING PART OF LOT NO. 362, CHANGING ITS CLASSIFICATION FROM M-1(S) TO M-1(S), FOR AUTOMOTIVE SERVICE AND REPAIRS SPECIALIZING IN CUSTOM VEHICLE RESTYLING AND GRAPHIC DESIGN” in the Town of West Seneca, be received and filed.             (Baird M. Hageman)

    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

    Deputy Town Attorney William Bond read the recommendation of the Planning Board: “At its January 19, 2005 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 512 Bullis Road, being part of Lot Nos. 362 & 374, changing its classification from M-2 to M-1(S), for a public garage as defined in §120-64 of the ordinance with the inclusion of collision work and painting, noting that the special permit area is designated as follows: bounded on the north by the Pennsylvania Railroad a line 320 feet long starting from the west line of Transit Road; bounded on the east by Transit Road starting at the Pennsylvania Railroad and going south approximately 95 feet to the centerline of Old Bullis Road; bounded on the south by the centerline of Old Bullis Road and Old Bullis Road now abandoned; bounded on the west by a line drawn at right angles to the Pennsylvania Railroad and 320 feet west of Transit Road as measured along the railroad.”


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    6-B    LEGAL NOTICES

    1.    (continued)

    Attorney Jeffrey Markello represented the petitioner, Baird Hageman, and stated that Mr. Hageman was not asking for a rezoning and was only asking to be able to conduct a business specializing in custom graphic design. The boundary lines were specifically delineated at the January 19, 2005 Planning Board meeting, and Mr. Markello submitted a survey indicating this area, which would allow for parking and ingress/egress to the business. Mr. Markello noted that the neighborhood was primarily industrial and commercial. A railroad bounded the property on the north and retail businesses abutted the property on Transit Road. James Metz, owner of Beauty Pools, also owned the property at 512 Bullis Road, and he signed the rezoning & special permit application.

    Supervisor Clark questioned the hours of operation of the business.

    Mr. Hageman responded that his hours of operation would be 10:00 A.M. until 10:00 P.M.

    Mr. Markello stated that Mr. Hageman had been operating as H.B. Designs for the last three years. Prior to that he spent nine years with Delaware Collision as an Assistant Manager working on cars, and he was with Saturn for three years prior to that. Mr. Hageman had expertise in this area, was aware of environmental regulations with regard to painting, and was familiar with OSHA regulations. He did not intend to do full or complete paint jobs or collision work, but intended to do more specialized custom design. There were three bays in the building and there would be no work done outside. Mr. Hageman had obtained an estimate for blacktopping the parking area in order to make the area more attractive to his customers. No additional lighting was planned for outside the building.

    Councilman Osmanski questioned if there would be any retail sale of auto accessories on the property.

    Mr. Hageman responded that his business involved installing auto accessories, not retailing them, and painting special designs and company lettering on vehicles.

    Councilman Bove stated that she had visited this property and there were a number of cars without license plates parked outside.

    Mr. Hageman stated that Councilman Bove was probably mistaking another business located in a smaller white building for his business. The other business had nothing to do with Mr. Hageman’s business.

    Councilman Hicks questioned what Mr. Hageman intended to do with old parts like fenders, etc.

    Mr. Hageman responded that he had a metal bin for collecting parts. This would be stored inside and they would be recycled.

    Councilman Osmanski questioned whether this was a rezoning and special permit or just a special permit request.

    Code Enforcement Officer William Czuprynski advised that the property was already zoned M-1, so the request was only for a special permit.

    Councilman Osmanski noted that there should not be any storage of materials or unlicensed vehicles outside the building.

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

    Ayes: All Noes: None Motion Carried


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    6-B    LEGAL NOTICES

    1.    (continued)

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request for a special permit for property located at 512 Bullis Road, being part of Lot No. 362, changing its classification from M-1(S) to M-1(S), for a public garage as defined in §120-64 of the ordinance with the inclusion of collision work and painting, noting that the special permit area is designated as follows: bounded on the north by the Pennsylvania Railroad a line 320 feet long starting from the west line of Transit Road; bounded on the east by Transit Road starting at the Pennsylvania Railroad and going south approximately 95 feet to the centerline of Old Bullis Road; bounded on the south by the centerline of Old Bullis Road and Old Bullis Road now abandoned; bounded on the west by a line drawn at right angles to the Pennsylvania Railroad and 320 feet west of Transit Road as measured along the railroad, and further noting that no materials, cars, or any other storage be outside the building.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 2437 BERG ROAD, BEING PART OF LOT NO. 417, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A LANDSCAPE BUSINESS” in the Town of West Seneca, be received and filed.             (Philip E. Badame)

    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

    Deputy Town Attorney William Bond read the recommendation of the Planning Board: “At its March 16, 2005 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 2437 Berg Road, being part of Lot No. 417, changing its classification from C-1 to C-2, for a landscape business, with the following stipulations: 1) the northwest 200 feet of the property (defined as a line drawn parallel to Berg Road 200 feet southeasterly therefrom as measured at right angles) be excluded from the rezoning; 2) the east line designated on the survey as being 161.3 feet have a stockade fence erected prior to September 1, 2005; 3) a stockade fence be erected along the south line indicated on the survey as 71.27 feet prior to September 1, 2005.”

    Philip Badame, 85 Briar Hill Road, Orchard Park, stated that a landscape contractor had been operating his business from the 800 square foot building at the rear of the property located at 2437 Berg Road, but there was no traffic generated by this business and most of the property was not visible from Berg Road. The current tenant had been doing business from this location for almost four years and prior to him there was another landscape contractor using the building. There would be no buildings added and the only change would be construction of a fence as requested by the Planning Board. Mr. Badame noted that the landscape contractor was a good tenant, quiet, and did not cause any problems.

    Councilman Hicks stated that he and Councilman Graber had visited the property this date and did not see any problem, but they had talked to some neighbors, Raymond Darstein and Diane Littner, who asked that Mr. Badame extend the fence to be even with the stucco building in order to give them privacy.


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    6-B    LEGAL NOTICES

    2.    (continued)

    Mr. Badame responded that the rezoning would only apply to the area behind the pole barn and the area Councilman Hicks referred to was not part of the rezoning request. He did not have a problem extending the fence as requested, but it would create a snow removal problem. There would be no place to put the snow if the fence were extended.

    No comments were received from the public.

    Motion by Councilman Osmanski, seconded by Supervisor Clark, 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 2437 Berg Road, being part of Lot No. 417, changing its classification from C-1 to C-2, for a landscape business, with the following stipulations: 1) the northwest 200 feet of the property (defined as a line drawn parallel to Berg Road 200 feet southeasterly therefrom as measured at right angles) be excluded from the rezoning; 2) the east line designated on the survey as being 161.3 feet have a stockade fence erected prior to September 1, 2005; 3) a stockade fence be erected along the south line indicated on the survey as 71.27 feet prior to September 1, 2005.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*


    6-C    COMMUNICATIONS

    1.   Town Attorney re Western New York Umpires’ Association agreement

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2005 agreement between the Town of West Seneca and the Western New York Umpires’ Association at a cost of $34 per umpire, per game officiated, which is the same cost as last year.

    Ayes: All Noes: None Motion Carried

    2.   Town Engineer re Bid award for Dorr Street Reconstruction Project

    Motion by Councilman Osmanski, seconded by Councilman Graber, to award the Dorr Street Reconstruction Project, Job No. D-0406, to Occhino Corporation, 2650 Seneca Street, West Seneca, at their low contract amount of $164,955.40 and authorize the Supervisor to sign the contract documents.

    On the question, Councilman Osmanski noted that there were four bidders on this project and the difference between the high and low bids was only $20,000.

    Supervisor Clark noted that this project would be partially funded by HUD money in the amount of $90,000.

    Ayes:  (4)    Councilman Osmanski, Councilman Graber, Councilman Hicks, Councilman Bove
    Noes: None
    Abstentions:  (1)    Supervisor Clark
    Motion Carried

    Supervisor Clark abstained from voting on this motion because Occhino Corporation was a client of an accounting firm that he had a financial interest in.


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    6-C    COMMUNICATIONS

    3.   Town Engineer re Bid date for Davis/Erwin/Bradwood Roads Reconstruction Project

    Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of May 10, 2005 at 10:00 A.M. for receipt of bids on the Davis/Erwin/Bradwood Roads Reconstruction Project, Job No. B-0501.

    Ayes: All Noes: None Motion Carried

    4.   Town Engineer re Bid date for East Center Road Sanitary Sewer Project

    Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of May 10, 2005 at 10:00 A.M. for receipt of bids on the East Center Road Sanitary Sewer Project, Job No. E-0504.

    Ayes: All Noes: None Motion Carried

    5.   Highway Supt. re Bid date for wood waste reduction grinder

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of May 2, 2005 at 10:00 A.M. for receipt of bids on the purchase of a wood waste reduction grinder.

    Ayes: All Noes: None Motion Carried

    6.   Highway Supt. re Title change for John Langdon to Highway HMEO

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate John Langdon as Highway MEO and appoint John Langdon as Highway HMEO, Group 5, Step 5, at a rate of $21.59 per hour effective April 18, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    7.   Highway Supt. re Title change for James Kittner to Highway Working Crew Chief

    Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate James Kittner as Highway MEO and appoint James Kittner as Highway Working Crew Chief, Group 6, Step 5, at a rate of $22.63 per hour effective April 18, 2005 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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    6-C    COMMUNICATIONS

    8.   Highway Supt. re Status change for Sanitation Alternates to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of the following Sanitation Alternates from part-time to part-time seasonal effective April 18 – September 16, 2005:

    Kevin May William Brown
    Jason Terry Brian Moeller
    Robert Finnegan Adam Gioia
    Carl Radtke             Sam Gioia
    Jeremy Klubek Darryl Blackchief
    Scott Funk  

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

    Ayes: All Noes: None Motion Carried

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

    Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of the following part-time laborers in Bldgs. & Grounds to part-time seasonal effective April 18 – September 16, 2005:

    James Cochrane Kyle Hanavan
    James McParlane Robert Krautsack
    William Rieman Rick Mingle
    Chris Caruana Harold Schwartz
    David Sadowski         Robert Kaminski

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

    Ayes: All Noes: None Motion Carried

    10.   Highway Supt. re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $6184.83 to Fleet Maintenance, Inc. for truck repairs and $1701.90 to Buffalo Truck Center, Inc. for truck repairs.

    Ayes: All Noes: None Motion Carried

    11.   Chief Gehen re Leave of absence for Officer Jeffery Coia

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate the military leave of absence granted to Officer Jeffery Coia on April 9, 2004 effective April 12, 2005 and grant a personal leave of absence to Officer Coia effective April 13 – June 11, 2005 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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    6-C    COMMUNICATIONS

    12.   Chief Gehen re Military leave of absence for Officer Timothy Pratt

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate the military leave of absence granted to Officer Timothy Pratt on October 1, 2004 effective April 9, 2005 and grant a military leave of absence to Officer Pratt effective April 18 – 22, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    13.   Chief Gehen re Retirement of Detective Robert Maza

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Detective Robert Maza and terminate him effective April 24, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Maza served the West Seneca community for more than 32 years and will be missed.

    Ayes: All Noes: None Motion Carried

    14.   Chief Gehen re Appointment of David Vasquez as full-time Public Safety Dispatcher

    Motion by Councilman Osmanski, unanimous second, to terminate David Vasquez, as part-time Public Safety Dispatcher and appoint David Vasquez as full-time Public Safety Dispatcher at an annual salary of $38,255.72 effective April 24, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    15.   Chief Gehen re Attendance of Officers May & Szymanski & Lt. Steffan at Traffic Safety conference

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Officers Kenneth May and Daniel Szymanski and Lt. Philip Steffan to attend the Empire State Law Enforcement Traffic Safety Conference in Colonie, New York, April 26 – 27, 2005 at a cost not to exceed $485.

    Ayes: All Noes: None Motion Carried

    16.   Chief Gehen re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1914 to Home Insulation Supply for insulating the police garage.

    Ayes: All Noes: None Motion Carried

    17.   Recreation Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $7809 to the West Seneca Soccer Club for soccer balls and referees for the 2004 season.

    Ayes: All Noes: None Motion Carried


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    6-C    COMMUNICATIONS

    18.   Senior Citizens Supervisor re Purchase of 12-passenger van

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to amend the March 28, 2005 motion authorizing the purchase of a 12-passenger van from Hoselton Chevrolet at the new total cost of $20,022.00, which includes $60 for destination and delivery charges.

    Ayes: All Noes: None Motion Carried

    6-D    REPORTS

  • Patricia C. Wisniewski, Town Clerk’s report for March 2005 received and filed.

  • William P. Czuprynski, Code Enforcement Officer’s report for March 2005 received and filed.

    6-E    DEPARTMENTAL PRESENTATIONS

  • Animal Control Officer William O’Neil spoke on the duties and responsibilities of his department, the different types of animals they had handled, and a variety of incidents they had encountered.

    ISSUES OF THE PUBLIC

    MAINTENANCE OF FIELD BEHIND SKY HI DRIVE RESIDENT

    Helen Itzenplitz, 152 Sky Hi Drive, stated that a Buffalo resident had purchased the field behind her house at an auction in the early 1960’s. Nothing was ever done with the property, so it had become overgrown and now there were skunks in the field. Mrs. Itzenplitz asked the Town Board’s help in getting the property cleaned up.

    Councilman Osmanski stated that Fire Inspector John Gullo had sent letters to the property owner the past few years, but it was late in the season and nothing ever got done.

    The Town Board referred this matter to Code Enforcement Officer William Czuprynski and suggested that his department act aggressively to get this property cleaned up.

    FOUL LANGUAGE AT CENTENNIAL PARK

    James Terzian, 29 Holland Avenue, and Brett Woods, 19 Holland Avenue, addressed the Town Board regarding the ongoing problem at the basketball court in Centennial Park behind their homes. The kids who played on the basketball court used foul language and the residents had reported this to the police on several occasions. The residents had spoke with Chief Gehen this date and came up with a few solutions, but they did not believe it was going to help much. Mr. Terzian and Mr. Woods asked for the Town Board’s help in resolving this situation.

    Supervisor Clark stated that this was a problem that occurred when properties abutted parks, but they could not eliminate these facilities. Chief Gehen had informed Supervisor Clark about the situation and advised him that his officers would be very responsive to any complaints and stern with the kids involved.

    Mr. Woods suggested that the officers make the kids vacate the property, and if it happens a few times, they might stop using the foul language.

    Chief Gehen stated that he had talked to the lieutenant in charge on the afternoon shift about the problem and informed all the lieutenants to have their patrols check the area regularly and make sure the kids were off the property by sunset. He asked that the residents continue to contact the Police Department when they hear anything in the park.


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    ISSUES OF THE PUBLIC

    FOUL LANGUAGE AT CENTENNIAL PARK    (continued)

    Supervisor Clark noted that there were better basketball courts in the soccer park and that area was more isolated than Centennial Park.

    Joan Russo, 38 Parkside Drive, was offended by Supervisor Clark’s comment regarding the basketball court at the soccer park and stated that the Parkside Drive residents did not want to hear foul language either.

    Supervisor Clark apologized for having offended Mrs. Russo but stated that he felt the basketball court at the soccer park was more isolated from residential homes than the basketball court at Centennial Park.

    KIDS SKATEBOARDING ON GREENMEADOW DRIVE

    Karen Lucachick, 61 Greenmeadow Drive, stated that last fall there was a problem with kids skateboarding on her street. The kids would ride their skateboards in front of cars or stand in the middle of the road and not move for traffic. Ms. Lucachick had not notified the Police Department about this, but had told the kids that the street was for vehicles, not skateboards. The kids played hockey and baseball in the street and the residents accommodated them for those activities, but the kids did not have as much control when they were on skateboards and Ms. Lucachick was concerned that someone would get hit by a car.

    Chief Gehen stated that there was no law that prohibited the kids from skateboarding in the street, but they could not obstruct any vehicular traffic. He suggested that Ms. Lucachick contact the Police Department when this activity occurs and an officer would respond, have a talk with the kids, and possibly take them home and have a talk with their parents regarding the safety issues involved.

    CONTINUOUS GARAGE SALE ON GREENMEADOW DRIVE

    Karen Lucachick, 61 Greenmeadow Drive, stated that last year one of her neighbors held a garage sale almost every weekend throughout the summer. These ran from Thursday through Sunday and Ms. Lucachick had seen vehicles dropping things off at the house also. It was very annoying to the residents to deal with additional vehicles on the street and she questioned if there were any regulations on garage sales.

    Code Enforcement Officer William Czuprynski stated that there was nothing in the Town Code regulating garage sales, but if the activity could be deemed a business, his department could notify the resident that it was illegal to operate a retail business from a residential area that was not properly zoned.

    Deputy Town Attorney William Bond advised that the garage sale signs posted on telephone poles were also illegal and could be removed by the Code Enforcement Officer.

    Supervisor Clark stated that the town had hired the WSDDSO and they drove around town removing garage sale and other signs that were still up beyond the date of the event.

    CLEANUP OF CAZENOVIA CREEK

    Karen Lucachick, 61 Greenmeadow Drive, referred to the creek bed across from West Seneca West High School and stated that there were numerous downed trees and debris in the creek. She suggested that this area be cleaned up to prevent future flooding problems.

    Supervisor Clark stated that this problem happened every year after the winter season, but every summer Highway Supt. Patrick Finnegan, Disaster Coordinator Mike Kerl, and the Army Corps of Engineers walked the creek to make sure it was clear of large obstacles.


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    ISSUES OF THE PUBLIC

    CONSULTANT FOR STREETSCAPE PROJECT

    Karen Lucachick, 61 Greenmeadow Drive, stated that on March 28, 2005 representatives from Wendel Duchscherer gave a presentation on the streetscape project. No pictures were presented and they did not even suggest types of bushes. Ms. Lucachick did not believe that Wendel Duchscherer had put anything into the presentation and did not believe that the town should pay them. She suggested that the Town Board look for another firm that had ideas and would come prepared to show what was available.

    Supervisor Clark stated that Wendel Duchscherer was not engaged to do detail drawings or specifications of landscape materials. They were only hired for concepts on the project and not at a high cost. Wendel Duchscherer was hoping to be hired for the design of the project, but this was all very preliminary.

    Councilman Hicks stated that the town had not yet identified how much money they had to work with, and if they did not have a sufficient amount they would not even do the project. Wendel Duchscherer was doing the Master Plan and the town asked them to do the streetscape project in addition to that, but they were not hired to give any definite numbers or details.

    GARBAGE FROM TOWN HALL DUMPSTERS

    Christin Labruna, 532 Main Street, stated that there was a lot of garbage in her back yard that she thought had come from the two dumpsters on town property. She asked that the Town Board have someone clean up her yard.

    Supervisor Clark directed Highway Supt. Patrick Finnegan to have someone from the Buildings & Grounds Department clean up the garbage in Ms. Labruna’s yard.

    SKATEBOARDING AT MAIN STREET CHURCH

    Christin Labruna, 532 Main Street, stated that kids had been skateboarding on the church’s stairs across from her home when there was no one at the church.

    Chief Gehen advised that the church was private property, and any complaint would have to come from the property owner.

    EXCESSIVE SPEED ON TOWN HALL SERVICE ROAD

    Christin Labruna, 532 Main Street, commented on the excessive speed of vehicles using the service road leading from the Town Hall to Main Street and questioned if there was a speed limit for that road. There were a lot of children in the area and she was concerned for their safety. Ms. Labruna noted that 50 percent of the vehicles that were speeding were police vehicles and they did not have their lights on.

    Chief Gehen stated that the police vehicles could be responding to an emergency call and might not turn their lights on until they got to the actual roadway.

    Ms. Labruna suggested that a speed limit be posted or speed bumps be installed on the service road.

    Supervisor Clark stated that speed bumps would create a problem for snowplows in the winter.

    Councilman Osmanski suggested that a sign be posted at the top of the road to warn motorists of pedestrian traffic.


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    ISSUES OF THE PUBLIC

    EXCESSIVE SPEED ON TOWN HALL SERVICE ROAD    (continued)

    Councilman Hicks suggested that Chief Gehen make an announcement to his police force about slowing down on the service road and the police officers could monitor other vehicles that used excessive speed on the service road.

    RESIDENT QUESTIONS PAYMENT TO SOCCER CLUB

    Jane Kester, 60 East & West Road, referred to Item #17 on this meeting’s agenda and requested a breakdown on the purchase of soccer balls and payment for referees.

    Supervisor Clark advised that the soccer balls were $2200 and referee fees were $5609.

    Mrs. Kester questioned if the town provided hockey pucks and hockey sticks for the hockey league.

    Supervisor Clark responded that each league had a different structure with regard to what was included in their registration fee. The registration fee for the soccer league included the cost of soccer balls. These were bought in bulk to get the lowest price possible.

    Councilman Graber stated that each of the soccer kids received a ball and uniform.

    Mrs. Kester questioned if baseballs and hockey pucks were given out to the kids on those leagues.

    Supervisor Clark advised that baseballs were included, but not to each individual player.

    RESIDENT QUESTIONS NUMBER OF PUMPS IN TOWN

    Jane Kester, 60 East & West Road, questioned how many pumps like the one on Seneca Street near the Towne Restaurant and on W. Cranwood and Orchard Park Road were located within the town.

    Town Engineer George Montz advised that there were five sanitary sewer overflow points. One on Mineral Springs Road was the overflow retention facility. Pumps were also located on Ashmund and Fairfax Place, Elmsford Drive, W. Cranwood Drive, and at the bus garage on Seneca Street. These were all downstream from Union Road.

    Mrs. Kester questioned at what point the town decided to use the pumps.

    Mr. Montz advised that there were high water alarms that triggered at the Public Safety Dispatchers’ desk. They would then dispatch the sewer crew to turn on the pumps.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    PURCHASE OF 16 SCHOOL STREET

    Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize Youth Bureau Executive Director Mark Lazzara to purchase 16 School Street pending approval from the Department of Housing and Urban Development at a cost not to exceed $26,000.

    On the question, Councilman Hicks noted that this property was being purchased off the NYS HUD foreclosure list at a discount in accordance with non-profit and municipality requirements. Grants and other revenue sources would be used for this purchase.


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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    PURCHASE OF 16 SCHOOL STREET    (continued)

    Supervisor Clark stated that this was a unique opportunity for the town to acquire a piece of property for use by the AmeriCorps at way below market value. He thought this was a good acquisition and could be sold for a profit in the future if they chose to do so. Supervisor Clark asked that Code Enforcement Officer William Czuprynski or Fire Inspector John Gullo go through the house with Mr. Lazzara to ensure that there was no asbestos or anything else unusual. He further directed Town Attorney Tim Greenan to work with Mr. Lazzara on this acquisition, and noted that no General Fund town tax dollars would be used for this purchase.

    Councilman Hicks further noted that Mr. Lazzara intended to use the house for out-of-town guests of the Vista Program rather than having them stay at a hotel. This would be a considerable savings for the AmeriCorps.

    Councilman Osmanski commented that this house could also be used for the Youth Build program in AmeriCorps that was designed to train kids in craftsman skills.

    Ayes: All Noes: None Motion Carried

    RESIGNATION OF WILLIAM BOND AS DEPUTY TOWN ATTORNEY

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of William H. Bond and terminate him as Deputy Town Attorney effective May 23, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    RESIGNATION OF MARGARET MCLAUGHLIN AS ZONING BOARD MEMBER

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Margaret McLaughlin and terminate her from the Zoning Board of Appeals effective April 18, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    APPOINTMENT OF WILLIAM BOND AS ZONING BOARD MEMBER

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint William H. Bond to fill the unexpired term of Margaret McLaughlin on the Zoning Board of Appeals and further appoint Mr. Bond as Chairman of the Zoning Board of Appeals in the absence of Joseph Kleinfelder and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:15 P.M.

    Ayes: All Noes: None Motion Carried
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    PATRICIA C. WISNIEWSKI, RMC/CMC
    TOWN CLERK