9-B   LEGAL NOTICES

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

Ayes: All

Noes: None

Motion Carried

9-B   LEGAL NOTICES

Town Attorney Tim Greenan stated that he was in receipt of a letter dated May 7, 2001 from Highway Supt. Pat Finnegan indicating that he had reviewed the complaint concerning parking on Orchard Park Road. Mr. Finnegan requested this public hearing to consider an amendment to the ordinance to prohibit parking on both sides of Orchard Park Road from Marilyn Drive to Allendale Road.

Stacy Rak, 68 Lisa Ann Lane, stated that she was involved in an accident on this area of Orchard Park Road on May 12, 2001. She questioned why something was not done sooner to stop the truck from parking on the side of the road.

Supervisor Clark responded that as soon as the problem was brought to the town's attention, they called for a public hearing, but they had to abide by a specific time frame for publication of the hearing. The public hearing was set at the May 14, 2001 Town Board meeting, and this was the next scheduled meeting.

Ms. Rak understood that the truck had been parking on the road since January and the police went to the owner's home, but nothing was ever done.

Supervisor Clark stated that the owner was not doing anything illegal by parking his truck on the road. Orchard Park Road was a state road and parking was permitted.

Ms. Rak stated that the truck was blocking traffic and there was a petition signed by numerous people who were complaining about it. She thought that something should have been done prior to this meeting.

Mr. Finnegan stated that Bob Cartonia, owner of Country Peddlers, had sent the Traffic Safety Committee a letter regarding the truck. He did not have the exact date of the letter, but a petition with several signatures was submitted in April. Mr. Finnegan had spoken to the owner and asked for his cooperation in moving his truck. He assured Mr. Finnegan that he would only have it parked on the road for deliveries, but the truck continued to be parked on the road daily. Mr. Finnegan then brought the problem to the board's attention and a public hearing was scheduled.

Supervisor Clark thought that the town had acted reasonably and quickly with regard to this situation. They first tried to solve the problem with direct cooperation from the owner and without going through the process of enacting a law. When they saw that there would be no cooperation, they immediately scheduled a public hearing.

Gerald Pittner, 26 Davis Road, represented Lewis Unlimited located at 1325 Orchard Park Road and stated that he was not in favor of banning parking on the west side of Orchard Park Road when the problem was only on the east side. Mr. Pittner thought that prohibiting parking on the west side would create a hardship for his business. He further questioned if there was any provision for a loading and unloading zone in front of the businesses on Orchard Park Road if the parking ban was enacted.

Supervisor Clark thought that loading and unloading would be considered standing rather than parking, so it would be allowed.

Councilman Osmanski commented that if they only prohibited parking on the east side of Orchard Park Road, the owner of the truck could move his vehicle to the opposite side of the street.

Councilman Graber agreed and stated that this had happened many times in the past. He was not in favor of prohibiting parking on only one side of the street.

Chief Gehen stated that he had personally visited this site on Orchard Park Road to see if the truck parked on the side of the road was creating a hazard to vehicles entering and exiting Country Peddlers. He thought that the truck did pose a hazard and that parking should be prohibited. Chief Gehen felt that the owner of the truck was parking it on the road to cause disruption for Country Peddlers, so he might not park the truck on the other side of the street.

9-B   LEGAL NOTICES

Mr. Pittner suggested that at this time parking only be prohibited on the east side, and if it became a problem, the west side could then be posted.

Councilman Graber was not in favor of posting only one side and noted that there was a lot of bus activity on the opposite side of the street.

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 adopt an amendment to the ordinance of the Town of West Seneca regulating vehicles and traffic as follows: addition of §115-9A (154) parking prohibited in designated locations - on the east side of Orchard Park Road from Marilyn Drive to Allendale Road.

Ayes:  (4)    Councilman Osmanski, Councilman Wroblewski, Councilman Hicks, Supervisor Clark

Noes (1)    Councilman Graber

Motion Carried

*APPENDICES*

PROBLEMS OF THE PUBLIC

ACCESS ROAD TO INDUSTRIAL PARK

Commissioner Norm Locher, 157 East Center Road, represented West Seneca Fire District No. 4 and commented on a problem that East Seneca Fire Company had been having with the access road to the industrial park washing out and making it difficult for their equipment to get into the park. He referred to an accident that occurred earlier this year in the industrial park and stated that their pumper got stuck on the road responding to the call. Mr. Locher also noted that there was an ammonia plant in the industrial park that was located in East Seneca's district and could present serious problems. He thought there should be more than one road into the industrial park and asked the board to provide an accessible road for their use.

Supervisor Clark stated that he had previously met with the Commissioners from West Seneca Fire District No. 4 regarding their concerns and had negotiated easements with the developers for another access to the industrial park. The agreements were ready to be approved at this meeting.

Deputy Town Attorney Bill Bond stated that at the request of Dave Lawrence of the West Seneca Development Corporation, a licensing agreement was drawn up that would allow the Town of West Seneca and West Seneca Fire District No. 4 to access the industrial park from a pre-existing road that ran from Lein Road to CS Integrated LLC. After Town Board approval, Dave Lawrence would circulate the agreement to the other parties involved for their approval. Mr. Bond furnished Mr. Locher with a draft copy of the agreement.

Mr. Locher further requested that the town review the hydrants in the industrial park to determine if they were on town property or on a private development area that was not yet turned over to the town. Mr. Locher noted that the fire district paid a considerable amount to Erie County Water Authority each month for hydrant rentals and he thought they were being billed for about eight hydrants in the industrial park.

Town Attorney Tim Greenan stated that the street going into the industrial park was a public right-of-way, so if there were fire hydrants along the road they were probably on public property.

PROBLEMS OF THE PUBLIC

ACCESS ROAD TO INDUSTRIAL PARK    (continued)

Mr. Locher responded that some hydrants in the industrial park were located on undeveloped roads.

Supervisor Clark understood that the hydrants were required to be installed even on the dirt road portion of the project.

Town Engineer George Montz stated that this was a requirement of the Erie County Water Authority in the preliminary design phase of the project. He would take a look at the hydrants in the park and contact the water authority to see if something could be done.

9-C    COMMUNICATIONS

1.   Town Engineer re Burchfield Park Improvement Project, change order #3

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve change order #3 for Visone Construction Inc., 79 Sheldon Avenue, Depew, NY 14043 in the amount of $5120 for performing extra work on the Burchfield Park Improvement Project, Job No. B-9908.

Ayes:  (4)   Councilman Osmanski, Councilman Hicks, Councilman Wroblewski, Councilman Graber

Noes: None

Abstentions:  (1)    Supervisor Clark

Motion Carried

Supervisor Clark abstained from this vote because Visone Construction Inc. was a client of an accounting firm that he had a financial interest in.

2.   Town Engineer re Bid award for sewer televising truck

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the sewer televising truck contract, Job. No. E-0111, to ELXSI d/b/a Cues, 3600 Rio Vista Avenue, Orlando, FL 32805 at their low lump sum contract amount of $134,616 (including options #2, 3 & 4), and authorize the Supervisor to sign the contract documents, noting that the options included a portable test and diagnostic unit, light sensitivity feature and four (4) pneumatic tires for the large pipe tractor.

Ayes: All

Noes: None

Motion Carried

3.   Town Engineer re Bid award for Park Lane/Gervan Drive Reconstruction Project

Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the Park Lane/Gervan Drive Reconstruction Project, Job No. G-9707, to NC Contracting, 3689 California Road, Orchard Park, NY 14127 at their low unit item contract amount of $514,300 and authorize the Supervisor to sign the contract documents.

On the question, Councilman Graber questioned how Park Lane would be changed with the reconstruction project.

Town Engineer George Montz responded that the section of Park Lane at Union Road would be eliminated and the pavement would be removed up to the curve at the top of the hill. A turn around large enough for buses to maneuver would be installed on Park Lane at Gervan Drive so vehicles would not be able to enter Houghton College from Park Lane.

Ayes: All

Noes: None

Motion Carried

9-C   COMMUNICATIONS

4.   Town Engineer re Bid award for Orchard Park Road Watermain Replacement Project

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the Orchard Park Road Watermain Replacement Project, Job No. O-9506, to Triple R Development, 27 Wyndmoor Court, Depew, NY 14043 at their low unit item contract amount of $429,395.05 and authorize the Supervisor to complete and sign the contract documents.

Ayes: All

Noes: None

Motion Carried

5.   Town Engineer re Bid award for Thorndale Avenue Revitalization Project

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the Thorndale Avenue Revitalization Project, Job No. T-0101, to Master's Edge Inc., 1807 Elmwood Avenue, Buffalo, NY 14207 at their low unit item contract amount of $305,910 and authorize the Supervisor to sign the contract documents.

Ayes: All

Noes: None

Motion Carried

6.   Town Engineer re Bid date for Sanitary Sewer Repair Contract

Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of July 9, 2001 at 10:00 A.M. for receipt of bids on the Sanitary Sewer Repair Contract, Job No. S-0108.

Ayes: All

Noes: None

Motion Carried

7.   Town Engineer re Bid date for Sanitary Sewer Rehabilitation Project

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of July 9, 2001 at 10:00 A.M. for receipt of bids on the 2001 Sanitary Sewer Rehabilitation Project, Job No. S-0112, noting that funding would be from Special District budget #3.8113.1441 and the project included lining of sanitary sewers, grouting house laterals and sealing manholes in various areas of town in order to minimize infiltration and surcharging in the system.

Ayes: All

Noes: None

Motion Carried

8.   Highway Supt. re Appointment of summer help in Highway Department

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint the following as part-time seasonal laborers in the Highway Department at a rate of $6.50 per hour effective May 18 - September 3, 2001:

and further, appoint Philip Steffan as part-time seasonal laborer in the Highway Department at a rate of $6.50 per hour effective June 4 - September 3, 2001, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All

Noes: None

Motion Carried

9-C    COMMUNICATIONS

9.   Highway Supt. re Termination of John Glose & Brendan Moskal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate John Glose and Brendan Moskal effective June 11, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that both individuals declined positions with the town.

Ayes: All

Noes: None

Motion Carried

10.   Highway Supt. re Part-time seasonal employees in Bldgs. & Grounds Department

Motion by Councilman Osmanski, seconded by Supervisor Clark, to correct the dates of employment for the following part-time seasonal laborers from May 14 - October 26, 2001 to May 14 - October 14, 2001:

Harold Carberry	William Reiman	Harold Schwartz
Scott Lawson	Mark Pryce	Tim Weixlmann
Steven Hanavan	Dan McParlane	Dave Steinwandel
Sean Donaldson	Mike Farrell	Rick Mingle
Jim Cochrane

and further, correct the date of employment for part-time seasonal laborer Joseph Billittier from May 21 - October 26, 2001 to May 21 - October 21, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All

Noes: None

Motion Carried

11.   Highway Supt. re Appointment of summer help in Bldgs. & Grounds Department

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Matthew Ortman and Robert Krautsack as part-time seasonal laborers in the Buildings & Grounds Department effective June 4 - September 3, 2001 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All

Noes: None

Motion Carried

12.   Highway Supt. re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer of $1520 from Supplies Acct. #01.7110.0400 to Equipment Acct. #01.7110.0200.

Ayes: All

Noes: None

Motion Carried

13.   Highway Supt. re Purchases requiring Town Board approval

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

Osinski Plumbing (installation of two ground hydrants)       $3980.36

Iroquois Fence (installation of fencing at Harlem Road Park)       $1520.00

Lakeside Sod (various areas in town parks)       $1645.00

9-C    COMMUNICATIONS

14.   Chief Gehen re Attendance of Officers Comerford & Baker at Commercial Vehicle Inspection School

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Police Officers Timothy J. Comerford and Edward A. Baker to attend Commercial Vehicle Inspection School in Ithaca, New York, June 25 - 29, 2001 at a total cost not to exceed $1970.

Ayes: All

Noes: None

Motion Carried

15.   Town Clerk re Appointment of Patrick Toy & Diane Hagler as Dog Enumerators

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Patrick Toy and Diane Hagler as Dog Enumerators effective June 11, 2001 at the standard fee of $1.00 per dog.

Ayes: All

Noes: None

Motion Carried

16.   Recreation Director re Reappointment of M. Salamone, J. Bek & M. Sperazz to Youth Theatre Program

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to reappoint the following individuals to work part-time in the West Seneca Youth Theatre Program effective June 1 - September 16, 2001:

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

Ayes: All

Noes: None

Motion Carried

17.   Recreation Director re Termination & appointment of part-time seasonal employees

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate the following employees effective June 1, 2001:

and further, appoint the following as part-time seasonal in the summer recreation program effective June 13 - September 16, 2001: