West Seneca Town Board Meeting Minutes 01/31/2005
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 West Seneca South Girl Scout Troops #397 and #112. 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 Laverne “Jeff” Jeffords, Mario S. Battaglia, Charles J. Deppeler Jr., Gerald Francis Broderick, Arthur Benson, Shirley Higgins, and Linda Ann Hardick. Troop Leader Cindy Solly introduced girl scouts Emma Powers, Anna Powers, Elizabeth Aures, Madison Gossel, Elena Osmanski and Monica Bebak who read thank you cards and presented Girl Scout cookies to the Town Board members. 2-A MINUTES TO BE APPROVED
2-B LEGAL NOTICES Town Attorney Tim Greenan announced that Legal Item #1 & #2 were both withdrawn by the petitioners. The Town Board could continue to hold the public hearings and hear any member of the public that might have comments. 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 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, be received and filed. (Charles M. Mager)
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its December 15, 2004 meeting, the Planning Board recommended denial of the request for a rezoning & special permit for property located at 3369 & 3373 Clinton Street, being part of Lot No. 28, changing its classification from R-50 to C-2(S), for a patio addition.” No comments were received from the public.
2-B LEGAL NOTICES 1. (continued) Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
This application was received and filed by the Town Board. 2. 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 FOR PROPERTY LOCATED AT 3070 TRANSIT ROAD, BEING PART OF LOT NO. 349, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A SMALL ANIMAL HOSPITAL” in the Town of West Seneca, be received and filed. (Dr. Martin Downey)
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its December 15, 2004 meeting, the Planning Board recommended denial of the request for a rezoning for property located at 3070 Transit Road, being part of Lot No. 349, changing its classification from C-1 to C-2, for a small animal hospital.” Zadie Amorosi, 22 North Hill Drive, stated that there were residences on both sides of the property and this issue had come up in the past. She wanted to ensure that the property would remain C-1. Mr. Greenan advised that there was no way to prohibit someone from applying for a rezoning on this or any piece of property, but all applications required a public hearing before the Planning Board and Town Board. Supervisor Clark noted that the surrounding residents would be notified of any requests for zoning change and could present their argument against it at the public hearing. Councilman Bove further noted that the Town Board members reviewed each application and all the correspondence and personally visited the property. Councilman Osmanski stated that the board members had received a letter from Dr. Downey stating that he was withdrawing his application and that someone else was interested in the property. The board had not received any other request for rezoning for this property, so he assumed that the use was within the C-1 zoning classification. Councilman Graber stated that the rezoning process had a major impact and the Town Board members were aware of the C-1 zoning for this property and the concerns of the Hillcrest Heights residents. He also commented that property manager Mike Harmon was a very effective voice for the residents. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
This application was received and filed by the Town Board.
2-B LEGAL NOTICES 3. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 451 MEYER ROAD, BEING PART OF LOT NO. 91, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR A 14’ X 48’ ADVERTISING DISPLAY” in the Town of West Seneca, received and filed. (Seemore Outdoor Media, LLC) 4. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed. (Ronald & Patricia Schwendner) 2-C COMMUNICATIONS 1. Supervisor Clark re Retirement of Donald LaRotonda as Motor Equipment Operator Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Donald LaRotonda, and terminate him as Motor Equipment Operator effective February 4, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Supervisor Clark re March of Dimes WalkMania 2005 Motion by Councilman Osmanski, seconded by Councilman Graber, to grant permission to the March of Dimes to hold their WalkMania 2005 on Saturday, May 7, 2005 from 9:00 A.M. until 2:00 P.M. on designated streets in the Town of West Seneca.
3. Supervisor Clark re Town Band performance at Seneca United Methodist Church Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the West Seneca Town Band to perform Wednesday evening, June 22, 2005 at Seneca United Methodist Church for their annual strawberry festival.
4. Town Engineer re Harwood Rd/Tobey Hill Dr/Cheryl Rd Reconstruction Project, change order #1 Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve change order #1 in the amount of $44,670.61 for Occhino Corp., 2650 Seneca Street, for performing various items of extra work on the Harwood Road/Tobey Hill Drive/Cheryl Road Reconstruction Project, Job No. H-0402.
Supervisor Clark abstained from voting on this motion because Occhino Corp. was a client of an accounting firm that he had a financial interest in.
2-C COMMUNICATIONS 5. Town Engineer re Purchase of 2005 Chevrolet pickup truck & plow Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of a 2005 Chevrolet 4 x 4 pickup truck and plow from Hoselton Chevrolet, Inc., 909 Fairport Road, East Rochester, NY 14445 at the state bid amount of $23,731.10.
6. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1780 to Waste Stream Technology for quarterly sampling.
7. Highway Supt. re Appointment of Jerren Myers as Sanitation Substitute Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Jerren Myers, as Sanitation Substitute effective February 1, 2005 at a rate of $7.00 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Highway Supt. re Appointment of Kyle Hanavan as part-time laborer at Ice Rink Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Kyle Hanavan, as part-time laborer in the Buildings & Grounds Department to work at the Ice Rink effective February 1, 2005 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $1764.09 to ABC Locksmith Service for two access control systems and locks at the West Seneca Senior Citizens Center and $2183.10 to Valley Tire Co., Inc. for tires.
10. Chief Gehen re Appointment of Robert Caruana as Detective Temporary Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a leave of absence to Robert Caruana from his position as Police Officer effective February 6, 2005 and appoint Robert Caruana as Detective Temporary effective February 7, 2005 at an annual salary of $61,978.68 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2-C COMMUNICATIONS 11. Chief Gehen re Appointment of David Wasiura as part-time Public Safety Dispatcher Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint David P. Wasiura, as part-time Public Safety Dispatcher effective February 6, 2005 at a rate of $8.95 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Chief Gehen re Purchase of digital alarm system Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize an additional $44 for purchase and installation of the Silent Knight Desktop Digital Alarm Receiver previously authorized by the Town Board on December 20, 2004 noting that the additional cost was for a cable that needed replacement during installation.
13. Chief Gehen re Member item resolution for replacement of police & fire dispatch radio system Motion by Councilman Osmanski, seconded by Councilman Graber, to support a member item request for financial assistance from Senator William T. Stachowski in the amount of $33,000 to be used for replacement of the police and fire dispatch radio system. On the question, Councilman Graber stated that this was the second component of the radio upgrade. Chief Gehen was very diligent and aggressive in seeking funds from other sources to replace the existing console with new technology without costing the taxpayers money. Supervisor Clark directed Chief Gehen to advise Grantwriter Michael D’Alessandro of this member item.
14. Chief Gehen re Division of Criminal Justice Services grant Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the Division of Criminal Justice Services (DCJS) grant #LG04048463, noting that the Town of West Seneca would receive $37,000 in financial assistance toward the replacement of the police/fire radio console system.
15. Chief Gehen re Attendance of Officers Bebak & Morano at WNY Gang Awareness seminar Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Officers Robert Bebak and Ken Morano to attend the Western New York Gang Awareness Seminar in Rochester, New York, February 8 – 9, 2005 at a cost not to exceed $400. On the question, Councilman Bove questioned if the officers shared information received at the seminars they attended. Chief Gehen responded that it was very timely that the officers were attending a seminar at this time, because there was in service training in March in which all the officers came in for 8 hours of training. The information gathered at seminars was shared with the other officers during that training.
2-C COMMUNICATIONS 16. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $4569.00 to Osinski Plumbing for installation of a 2” gas line for the police garage and gas piping for a space heater inside the garage.
17. Town Clerk re Attendance at NYS Town Clerk’s Association Conference Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Town Clerk Patricia C. Wisniewski to attend the New York State Town Clerk’s Association annual conference in Buffalo, April 17 – 20, 2005 at a cost not to exceed $700.
18. Town Clerk re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2111 to Niagara Business Solutions, Inc. for the annual maintenance fee for the Clerk’s Accounting System and for the Dog License Registration System.
19. Tax Receiver re Extension of 2005 town/county tax collection Motion by Councilman Osmanski, seconded by Councilman Bove, to extend the 2005 town/county tax collection from April 30 – June 30, 2005, thereby keeping all penalties in our town rather than the county receiving them.
20. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $4425 to Signature Printing Inc. for printing and mailing the recreation programs.
21. Youth Director re Purchase of three AmeriCorps vehicles Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of three (3) AmeriCorps vehicles as follows: 1 – Two (2) 15 passenger Chevrolet Express 3500 vans not to exceed $20,000 each and one (1) F-350 4 x 4 crew cab and chassis 60” CA/176” WB 13,000# GVWR dump truck at a cost not to exceed $30,000. On the question, Councilman Hicks noted that these vehicles were purchased under the AmeriCorps grant and were used to transport AmeriCorps employees to and from their jobs. The dump truck was used for community service within the community.
2-D REPORTS ISSUES OF THE PUBLIC BUILDING AND PLUMBING DEPARTMENT PRESENTATION Code Enforcement Officer William Czuprynski offered an informative presentation on the duties and responsibilities of the Building and Plumbing Department. His presentation was followed by questions from the public. PARKING ON AURORA AVENUE Mindy Adam, 74 Aurora Avenue, commented on a parking problem on her street and submitted a petition signed by residents of Aurora Avenue requesting that the snow ban be lifted and that alternate parking be enforced from November 15th to April 15th and one-sided parking from April 15th to November 15th. Highway Supt. Patrick Finnegan stated that the Traffic Committee had reviewed this request but did not recommend a change due to past experience with other streets. The parking ban was lifted on streets in the area of the city line, and this caused major maintenance problems for his department. After a major snowfall, the Highway Department had to post the street and send in highlifts and trucks to haul the snow out in order to get the street open. The Traffic Committee was not in favor of lifting the parking ban on Aurora Avenue. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS GRANT FOR REPLACEMENT OF POLICE/FIRE RADIO CONSOLE SYSTEM Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize the Supervisor to execute the Division of Criminal Justice Services (DCJS) grant #LG03038472, noting that the Town of West Seneca will receive $30,000 in financial assistance toward the replacement of the police/fire radio console system. On the question, Councilman Hicks thanked Senator Stachowski for his assistance and stated that this was the final part of a total grant of $100,000.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TOWN RECEIVES FUNDS FROM VERIZON Councilman Graber stated that in September of 1998 the Town Board hired an outside consultant to evaluate the town’s phone bills. A review was made and it was determined that Verizon owed the town $29,000. In February 1999, Verizon paid the town $16,000 but argued over the other $13,000. An action was initiated with the Public Service Commission and in October 2004 the town received $20,556 from Verizon and another $53,000 last week. By not paying the $13,000 Verizon ended up paying the town an additional $74,000. Fifty percent of these funds went to the consultant and they were still pursuing additional funds. Supervisor Clark commended Councilman Graber and the Utility Advisory Committee for keeping in touch with the consultant and making sure that this was pursued very aggressively.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS DISTANCE RUNNER RECOGNIZED Councilman Osmanski recognized Officer Robert Caruana’s twin daughters, Jillian and Caitlyn, 8th grade students and soccer players and noted that Jillian was one of the premier distance runners in Erie County. TUBING HILL FOR CHILDREN Councilman Bove commented on the need for a tubing hill for the youth of West Seneca. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:10 P.M.
_______________________________________ PATRICIA C. WISNIEWSKI, RMC/CMC |