West Seneca Town Board Minutes 01/10/2005
Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the changing of the colors and the Pledge of Allegiance to the flag led by members of the West Seneca Veterans Committee.
ROLL CALL: Present -
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 J. Warren Hoy and Ronald J. Keppler.
1-A MINUTES TO BE APPROVED
1-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 REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 3462 CLINTON STREET, BEING PART OF LOT NO. 11, CHANGING ITS CLASSIFICATION FROM R-60A TO C-2(S), FOR STORAGE OF VEHICLES (TEMPORARY PARKING)” in the Town of West Seneca, be received and filed. (Ronald & Patricia Schwendner)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its December 15, 2004 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 3462 Clinton Street, being part of Lot No. 11, changing its classification from R-60A to C-2(S), for storage of vehicles (temporary parking), with the following stipulations: 1) the C-2(S) should only apply to a depth of 85 feet from the current north line of Clinton Street; 2) use of the property should be limited to parking six cars along the east lot line at the discretion of the Building Inspector.”
Ronald Schwendner, 820 Knabb Road, Elma, stated that the existing house located on the property was currently rented and would remain on the property. The rear of the property would be used for tenant parking and licensed vehicles, not for cars that were for sale. The existing sign would remain and there would be no additional signs. The only change would be parking in the six spaces at the front of the property.
Councilman Graber stated that at the present time there were 11 cars parked in the front of the property and they were parked illegally. There were also price tags on the vehicles.
1-B LEGAL NOTICES
Mr. Schwendner stated that he was not aware that cars could not be parked there and did not know how many cars his tenant currently had parked there. He had informed his tenant to leave things the way they were until after this meeting. If the rezoning and special permit request were passed, Mr. Schwendner would ensure that only six cars were parked in the designated spaces with no prices on them. The cars to be parked in the six spaces would be those that had been purchased by his tenant but did not yet have the proper paperwork so they could not be moved to the corner lot for sale. The cars that were sold would also be parked in the six spaces temporarily until the sale was final.
Councilman Osmanski noted that Mr. Schwendner would have to comply with the stipulations set forth in the special permit, so if six cars were specified there could be no more than that.
Tony Manna, 4802 William Street, Lancaster, stated that he was the owner of both properties on the other side of the property at 3462 Clinton Street. After the Planning Board meeting, he was under the impression that there would only be six cars parked on the property, but over the past month there had been six to sixteen cars parked on the property with price tags. Mr. Manna’s tenants were having a problem parking because customers of the used car lot were parking in his driveway. He was also having a problem with snow removal when the cars were brushed off and the plows then dumped the snow in his driveway.
Councilman Hicks referred to the Planning Board minutes and stated that Mr. Schwendner had agreed to place a sign indicating where parking was permitted. He questioned if Mr. Schwendner was still agreeable to this.
Mr. Schwendner responded that he did not have a problem placing a sign, but he was informed at the Planning Board meeting that it was not his responsibility. Mr. Schwendner stated that he would agree to placement of a sign as long as it was not too big.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the request for a rezoning and special permit for property located at 3462 Clinton Street, being part of Lot No. 11, changing its classification from R-60A to C-2(S), for storage of vehicles (temporary parking), with the following stipulations: 1) the C-2(S) shall only apply to the area as indicated on the plot plan with a depth of 85 feet from the current north line of Clinton Street; 2) use of the property shall be limited to parking six cars at a specific location along the east lot line at the discretion of the Code Enforcement Officer; 3) none of the vehicles shall have price tags on them; 4) a “No Parking” sign shall be erected, the size and location to be at the discretion of the Code Enforcement Officer.
2. Proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 3369 & 3373 CLINTON STREET, BEING PART OF LOT NOS. 28 & 29, CHANGING ITS CLASSIFICATION FROM R-50 TO C-2(S), FOR A PATIO ADDITION” in the Town of West Seneca. (Charles M. Mager)
This public hearing was held over until the January 31, 2005 Town Board meeting.
1-B LEGAL NOTICES
3. Proofs of publication and posting of legal notice: “OF THE ADOPTED AMENDMENTS TO THE TRAFFIC ORDINANCE AS FOLLOWS: ADDITION TO §115-9A (PARKING PROHIBITED IN DESIGNATED LOCATIONS) – (159) ON THE SOUTH SIDE OF RACE STREET; (160) ON THE WEST SIDE OF HENRIETTA AVENUE; (161) ON THE WEST SIDE OF FRONTERA COURT; REMOVE §115-9A (147) PARKING RESTRICTION ON THE WEST SIDE OF WARREN AVENUE FROM CENTER ROAD TO A POINT 270 FEET SOUTHERLY THEREFROM” in the Town of West Seneca, received and filed.
1. Supervisor Clark re Attendance at Association of Towns conference
Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize Supervisor Clark, Council Members, Town Justices, Town Attorney, Deputy Town Attorneys, Town Comptroller, and a Court Clerk to attend the 2005 Training School and Annual Meeting of the Association of Towns of the State of New York to be held in New York City, February 20 – 23, 2005 at a total cost not to exceed $1400 per person attending.
2. Town Attorney re Nutrition Program Agreement
Motion by Councilman Hicks, seconded by Councilman Graber, to authorize the Supervisor to execute the 2005 Nutrition Program Agreement that will renew the 2004 Nutrition Program contract between the Town of West Seneca and the County of Erie.
3. Town Attorney re Senior Van Contract
Motion by Councilman Hicks, seconded by Councilman Bove, to authorize the Supervisor to execute the 2005 Transportation and Escort Services Agreement for the senior citizens.
4. Town Engineer re Purchase requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2535 to Burgh Schoenenberger for a composite sampler for Plant 5.
5. Highway Supt. re Purchase requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2314.60 to Hy-Grade Distributors for office furniture.
6. Chief Gehen re Attendance of Officer Caruana at Basic Criminal Investigation course
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Officer Robert Caruana to attend the Basic Criminal Investigation Course in Colonie, New York, January 16 – 28, 2005 at a cost not to exceed $1325.
7. Chief Gehen re Bid date for purchase of police vehicles
Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of January 31, 2005 at 10:00 A.M. for receipt of bids on the purchase of five (5) marked and one (1) unmarked police vehicle.
8. Chief Gehen re Purchase of generator
Councilman Graber stated that a backup electric supply was needed for the town’s radio tower and the Police Department had requested proposals for a generator. Councilman Graber, Highway Supt. Patrick Finnegan, and Chief Gehen came up with an alternative to supply the backup power necessary, so they would not need to purchase a generator. The same service could be provided at a cost of less than $900 by reconfiguring the electric system. The service currently supplying electricity to the police garage would be replaced by the Town Hall service, and there was already a generator supplying the Town Hall.
This item was received and filed.
11. Chief Gehen re Purchase requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1828.99 to Buffalo Light and Supply Corp. for electrical supplies for the police garage and radio tower.
10. Tax Receiver re Status change for part-time clerks to part-time seasonal
Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of the following part-time clerks to seasonal part-time effective January 15 – March 30, 2005:
11. Youth Director re Status change for D. Steffanacci to part-time seasonal
Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of Dolores Steffanacci, from part-time to part-time seasonal effective January 10 – April 1, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Youth Director re Lease of vehicle
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the lease of a 2005 Jeep Liberty for use as an AmeriCorps monitoring vehicle at a cost not to exceed $299 per month for 36 months, noting that this lease was budgeted for in the 2004 AmeriCorps federal ABLE grant.
On the question, Councilman Bove questioned if this vehicle would be entirely covered by the AmeriCorps grant or if the town would be paying for a portion of it. She further questioned if the vehicle would remain on town property at the end of the workday.
Supervisor Clark advised that the vehicle would be paid for 100 percent from the AmeriCorps grant. There would be no matching funds from the town.
Councilman Hicks understood that the vehicle would remain in the parking lot at the AmeriCorps office after working hours.
ISSUES OF THE PUBLIC
ENFORCEMENT OF CELL TOWER ORDINANCE
Dale Clarke, 379 Indian Church Road, suggested that the town enforce the Zoning Ordinance before any additional cell towers were constructed near playgrounds, handicapped centers, and the NYS Thruway. He thought that this created a dangerous situation for the residents and was concerned about safety issues if a tower were to fall. Mr. Clarke commented that public safety should come first before dollars.
REQUEST FOR EMPLOYEE INFORMATION
Frank Russo, 38 Parkside Drive, stated that he had requested information under the Freedom of Information Act and received a response from Deputy Town Attorney William Bond indicating that much of the information was not available. Mr. Russo had requested all town employees’ names, date of hire, salary for 2004 and 2005, department, and job title. He noted that this was public information that other towns furnished to anyone interested and submitted employee information obtained from the Town of Hamburg. Mr. Russo recently requested this information from Deputy Comptroller Charles Malinowski, but was told that his request would have to come through the Town Board. Mr. Malinowski informed him that his office only had payroll records with employees’ names, addresses, social security numbers and their salaries, but Mr. Russo was not interested in addresses or social security numbers.
Supervisor Clark responded that the Freedom of Information officer had purview over what records could be released, but they could get a ruling from Albany. He understood that names, addresses, and social security numbers were personal and privileged information.
Mr. Bond stated that his response to Mr. Russo was that there was no specific document or report in existence that contained the information he had requested. Mr. Malinowski would have to generate and create a specific document to meet Mr. Russo’s request. The information was available and Mr. Russo could obtain the information.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
APPOINTMENT OF SEAN KELLEY AS POLICE OFFICER TEMPORARY
Motion by Councilman Hicks, seconded by Supervisor Clark, to appoint Sean P. Kelley, as Police Officer, Temporary, effective January 24, 2005 at an annual salary of $42,537.26 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Kelley’s appointment was contingent until the final results of medical and psychological examinations were satisfactorily completed and he would be subject to a one year probationary period commencing from his appointment date.
PART-TIME LABORERS AT ICE RINK
Motion by Councilman Graber, seconded by Councilman Hicks, to terminate Brian Krakowiak, as part-time laborer in the Buildings & Grounds Department effective January 11, 2005 and appoint Scott Windover, 515 Harlem Road, as part-time laborer in the Buildings & Grounds Department to work at the Ice Rink effective January 11, 2005 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
UPGRADE FOR FOUR PICKUP TRUCKS
Motion by Councilman Graber, seconded by Councilman Hicks, to approve a $160 per vehicle upgrade from the amber light package to a mini light bar on the four pickup trucks purchased off the state contract at the previous Town Board meeting.
STATUS OF OLD FRENCH ROAD PROPERTY
Councilman Osmanski questioned the status of the property on Old French Road in which Code Enforcement Officer William Czuprynski had contacted the owner.
Mr. Czuprynski stated that he had not received any response.
TERMINATION OF SEAN KELLEY AS SANITATION LABORER
Motion by Supervisor Clark, seconded by Councilman Bove, to terminate Sean Kelley, as Sanitation Laborer effective January 23, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
APPOINTMENT OF SANDRA GIESE ROSENSWIE TO ZONING BOARD
Supervisor Clark announced that he had received a letter of resignation from Paul Notaro from his position on the Zoning Board of Appeals that expired November 23, 2004.
Motion by Councilman Bove, unanimous second, to appoint Sandra Giese Rosenswie, to the Zoning Board of Appeals effective January 11, 2005 through November 23, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Osmanski commended Paul Notaro for his service and professionalism on the Zoning Board of Appeals.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
APPOINTMENT OF SANDRA GIESE ROSENSWIE TO ZONING BOARD (continued)
Supervisor Clark also thanked Paul Notaro for his service and stated that Mrs. Rosenswie was the daughter of former Town Supervisor Al Giese and was always interested and active in the community. He thought she was a knowledgeable and levelheaded person and would be a solid, contributing member of the Zoning Board of Appeals.
BUILDINGS & GROUNDS DEPARTMENT COMMENDED FOR DECORATIONS
Councilman Bove commended the Buildings & Grounds Department for the Christmas decorations they had put up around the Town Hall. They were well taken care of and everyone enjoyed them.
PRESENTATION BY BUILDING & PLUMBING DEPARTMENT SCHEDULED
Councilman Bove suggested that the Building & Plumbing Department be the first to make their five-minute presentation to the Town Board and public on January 31, 2005 and that the West Seneca Bee be notified of this. The Building & Plumbing Department had submitted an outline concerning their services and Councilman Bove thought it was excellent and contained a lot of information about who to contact and for what purpose.
Supervisor Clark suggested that the presentation be made just prior to the Issues of the Public section of the agenda so the public could comment or ask questions afterward if they so desired.
PUBLIC HEARING ON EMINENT DOMAIN PROCEEDINGS CANCELLED
Motion by Supervisor Clark, seconded by Councilman Osmanski, to cancel the public hearing scheduled for January 31, 2005 concerning eminent domain proceedings for property on French Lea Road.
On the question, Deputy Town Attorney William Bond advised that an agreement was reached with the attorney for the homeowner, so eminent domain proceedings would not be necessary.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:30 P.M.
PATRICIA C. WISNIEWSKI, RMC/CMC