West Seneca Town Board Minutes 02/14/2005
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 Andrew Kowalski and David Hyla of Boy Scout Troop #8113. 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 Grace M. Deyot and Frances E. (Van Remmen) Webb. 3-A MINUTES TO BE APPROVED
3-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 418 MEYER ROAD, BEING PART OF LOT NO. 77, CHANGING ITS CLASSIFICATION FROM M-2 TO M-2(S), FOR ANTIQUE AUTO RESTORATION” in the Town of West Seneca, be received and filed. (Paul Hersee)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Supervisor Clark read the recommendation of the Planning Board: “At its January 19, 2005 meeting the Planning Board recommended approval of the request for a special permit for property located at 418 Meyer Road, being part of Lot No. 77, changing its classification from M-2 to M-2(S), for antique auto restoration, noting that a legal description should be drafted and used in the notice of public hearing before the Town Board that contains the west 105 feet of the property shown on the survey and a depth of 142 feet from the center line of Meyer Road.” Paul Hersee, 120 Willowdale Drive, briefly described the antique auto restoration business he had been operating for the past 11 years. He had moved the business out of West Seneca for a few years when the building was sold, but previously had two different locations in town for seven years. Mr. Hersee now had the opportunity to move his business back to West Seneca. Councilman Osmanski referred to the Planning Board’s issue regarding the legal description and whether the property owner was aware that the special permit would apply to the entire parcel. He questioned if this issue had been addressed.
3-B LEGAL NOTICES 1. (continued) Mr. Hersee responded that the legal description was amended according to the Planning Board’s request so it only reflected the portion of the property to be used for the business. Frank Boncore, 250 Heather Hill Drive, commented that the property in question was adjacent to NYS certified wetlands. He questioned what provisions were being taken to ensure the safe disposal of solvents used in the operation of the business. Albert Pearce, 37 Woodlane Drive, stated that he owned the property and it was not adjacent to the wetlands. The wetlands did not start until 500 Meyer Road, across from the entrance to Union Concrete’s storage yard. Mr. Hersee stated that solvents and by-products of his restoration operation were sealed up, but his business was so small it hardly fell within any guidelines. Most of his work was body work and he only painted about three cars per year, so there were very few solvents involved. Councilman Graber noted that they treated everyone who had hazardous waste in the same manner. Regardless of their location, they had to dispose of hazardous waste as the law required. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a special permit for property located at 418 Meyer Road, being part of Lot No. 77, changing its classification from M-2 to M-2(S), for antique auto restoration. On the question, Councilman Graber noted that J. Pearce & Sons had operated on Meyer Road for some time and their buildings were very nice to look at. He commended J. Pearce & Sons for the good work they were doing and the fact that they had been doing business in West Seneca for a long time.
*APPENDICES* 3-C COMMUNICATIONS 1. Supervisor Clark re Reappointment of Patricia Kaylor to Library Board Motion by Councilman Osmanski, seconded by Councilman Hicks, to reappoint Patricia Kaylor as Trustee for the West Seneca Library Board for a five-year term effective January 1, 2005 through December 31, 2009.
2. Town Attorney re WNY Officials Association agreement Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the Town Attorney to prepare an agreement with the Western New York Officials Association covering refereeing of Little Loop Football games for the 2005 season in an amount not to exceed $3000 and authorize the Supervisor to execute the agreement.
3-C COMMUNICATIONS 3. Town Engineer re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment to Erie County Water Authority in the amount of $3900.69 for valve replacement at 80 Crownland Circle and $3565.63 for valve replacement at 310 Seneca Creek Road.
4. Highway Supt. re Military leave of absence for William Geary Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a military leave of absence for William Geary effective February 12 – 28, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5. Highway Supt. re Rate increase for part-time laborer Thomas Oleski Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a rate increase to $7.25 per hour for part-time laborer Thomas Oleski and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Oleski completed 2500 hours required for this increase.
6. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of the following vouchers: Kaminski & Sons (truck repairs) $2108.80
7. Chief Gehen re Amendment to start date for Sean Kelley as Police Officer Motion by Councilman Osmanski, seconded by Councilman Hicks, to amend the effective date of hire for Sean P. Kelley, as Police Officer Temporary effective February 28, 2005 and authorize the Supervisor to complete and sign the necessary forms for Niagara and/or Erie County Personnel, noting that this amendment was necessary due to the cancellation of the Erie County Central Police Services basic training academy and Mr. Kelley would be attending the Niagara County Basic Police Training Academy. On the question, Councilman Bove questioned if the town had to pay extra for Mr. Kelley to attend the Niagara County Basic Police Training Academy. Chief Gehen advised that the Town of West Seneca would have to pay the Niagara County Basic Police Training Academy $2000 for an out-of-county resident.
3-C COMMUNICATIONS 8. Chief Gehen re Bid award for police vehicles Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for police vehicles to Basil Ford, 1540 Walden Avenue, Cheektowaga, NY 14225 at their low bid price of $82,671.90.
9. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2587.50 to Al Ross Sports Screening for D.A.R.E. t-shirts.
10. Town Clerk re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2946 to West Seneca Printing, Inc. for printing of the Town of West Seneca historical calendars, noting that Legislator Timothy Wroblewski obtained funding of $1000 to offset a portion of this cost.
11. Recreation Director re Bid date for arts & crafts supplies Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of March 15, 2005 at 10:00 A.M. for receipt of bids on arts and crafts supplies necessary to conduct the 2005 town recreation program.
3-D REPORTS ISSUES OF THE PUBLIC RESIDENTS QUESTIONS SALARY INCREASE Dale Clarke, 379 Indian Church Road, commented that other towns in the area were giving up certain employee benefits to lower the cost of doing business and lower taxes, but Supervisor Clark gave himself a $1700 raise. Mr. Clarke requested justification for this increase. Supervisor Clark stated that this was an incremental increase that all department heads and elected officials received. The budget increases were basically under the rate of inflation and he thought they had been running a good shop in West Seneca. Supervisor Clark noted that his salary was comparatively low in comparison with Supervisors from other larger and middle class towns. Mr. Clarke responded that Supervisors from other towns were not part-time. He felt that Supervisor Clark’s salary and benefits were in line with a full-time position and that this was abusive of government rather than responsible government.
ISSUES OF THE PUBLIC RESIDENT QUESTIONS SALARY INCREASE (continued) Supervisor Clark disagreed with Mr. Clarke’s comments regarding part-time status and stated that he was the chief elected official of a $30 million organization that employed 600 to 700 people. Councilman Graber commented that Supervisor Clark was the person that spent most of his time on day shift and almost single handedly brought Certo Brothers and Upstate Farms into the town. Upstate Farms’ investment in the industrial park was well over $20 million and hundreds of jobs. These types of investments helped offset the increased expenses and keep the tax rate down. PROPOSAL FOR TOWN CENTER Paula Minklei, 896 Orchard Park Road, stated that she was disappointed to read in the newspaper that the Town Board had reviewed plans for the town center. Mrs. Minklei wanted to see the plans and suggested that they be put on display in the Town Hall so the public could have some input. Supervisor Clark did not see a problem with displaying the plans for the public. He noted that the work session to review the plans was an open meeting and was publicized so the public could have attended. Councilman Osmanski stated that the consultant had brought in a number of different options for the board members to look at and to generate ideas. Mrs. Minklei stated that she would like to see all the options and have input on this matter. Supervisor Clark directed Town Engineer George Montz to contact the consultant and have some of the plans put on display. Don Grasso, 64 Lexington Green, questioned the feasibility of having a town center on a four-lane highway with a 45 mph speed limit. He understood the concept of a town center and noted that Hamburg and Orchard Park each had a nice one, but they were single roads in retail areas. Mr. Grasso stated that it was one thing to beautify the town with a small grant, but he questioned spending $1.3 million and whether the Town Board was trying to create a retail corridor. Councilman Hicks responded that they were trying to bring attention to the area between Town Hall and the Southgate Plaza as it being the center of town. They were not looking to invest $1.3 million, but they were awarded a small grant and were trying to dress up that area and make it pleasing to the public with some shrubs and benches. Councilman Osmanski stated that a number of grants came along for things like this, and if the town did not have any plan in place, they would not receive the grant. They had to have a master plan for what they wanted to do. There was a lot of small retail stores from Southgate Plaza up to Route 400, so they were not creating anything. They were just trying to bring attention to the area as the town center. Virginia Grandoni, 870 Orchard Park Road, questioned if there was any discussion about lowering the speed limit from Route 400 to Southgate Plaza.
ISSUES OF THE PUBLIC PROPOSAL FOR TOWN CENTER (continued) Councilman Osmanski stated that Union Road was a state road, so the town would have to petition the state with that request. He thought it was very unlikely that the state would approve. Frank Russo, 38 Parkside Drive, thought that the town center was a waste of taxpayers’ money. He questioned who would be taking care of the shrubs and benches and noted that snowplows would be throwing salt and snow all over them. He referred to the shrubs that were planted in the soccer complex at a cost of $10,000 and they were all dead now because no one took care of them. STATUS OF FLOODING ON VILLA MARIA ROAD Chris Kowalski, 136 Villa Maria Road, referred to the past flooding problems on his street and asked that the town follow up with the Town of Orchard Park and find out what their plans were so the problem would be addressed. Councilman Hicks stated that he and Highway Supt. Patrick Finnegan had been in contact with Orchard Park Highway Supt. Ronald Geitter who would be retiring this spring. The problem was not a priority with Orchard Park, but it was a priority with West Seneca and they planned to do something in the spring to resolve the situation. Councilman Hicks stated that he would stay in contact with Orchard Park and follow through on the matter. The main issue was cleaning out the drainage ditch because the level of flow was high. West Seneca could do their portion, but Orchard Park would also have to do their part. Mr. Kowalski stated that when he last spoke with the Orchard Park Engineering Department they were going to find out if there was an easement was behind the houses on the south side of Reserve Road. He had not gotten a response and did not know whether they were able to get on the property to clean out the ditch. Councilman Hicks questioned how many years ago the drainage ditch was cleaned out. Mr. Finnegan responded that they had only opened it up at the outfall and they needed permission from Orchard Park to do this. Reserve Road was a county road and they were working in the county right-of-way. Mr. Geitter had informed him that he had walked the area and there were some problems, but they did not have an easement on the property. He was going to recommend that they try to get an easement to do the cleaning. SEWER PROJECT FOR 2005 Virginia Grandoni, 870Orchard Park Road, questioned what streets would be done with the sewer project this year. Town Engineer George Montz responded that they were considering Marilyn Drive and Christopher Drive, which amounted to 7200 lineal feet, and that was all that was in the budget for this year. USE OF SOCCER PARK AND LEASE AGREEMENT WITH SOCCER ASSOCIATION Frank Russo, 38 Parkside Drive, questioned the status of his previous suggestion concerning the use of the soccer park by private high schools, colleges, and non-West Seneca organizations during the months of September, October and November. He further questioned if there was any discussion about changing the lease agreement with the West Seneca Soccer Association.
ISSUES OF THE PUBLIC RESIDENT REQUESTS PUBLIC APOLOGY FROM COUNCILMAN Frank Russo, 38 Parkside Drive, questioned if Councilman Hicks planned to publicly apologize to the citizens of West Seneca for his behavior on the eve of Primary Day last year. STARTING SALARY FOR POLICE OFFICERS AND ATTENDANCE AT POLICE ACADEMY Frank Russo, 38 Parkside Drive, referred to agenda item #7 and questioned if $42,500 was the starting salary for a first year police officer and if the town was paying the officer that amount while he was in training. Supervisor Clark advised that $42,500 was the starting salary for a police officer and he would receive his salary while he was training. STARTING SALARY FOR POLICE OFFICERS AND ATTENDANCE AT POLICE ACADEMY Karen Lucachick, 61 Greenmeadow Drive, questioned who paid for the police officer’s training. Supervisor Clark responded that generally the town would not have to pay for the officer’s training, but since the county training academy was not available they would have to pay Niagara County for his attendance there. Councilman Osmanski stated that they only ran the academy every six months, and they could not wait six months to see if the Erie County academy would be operative again. Unfortunately, because of the budget problem in Erie County, it would cost the town $2000 to send the officer to Niagara County’s academy. Ms. Lucachick questioned if the officer that was appointed had an education. Chief Gehen responded that all the officers considered for appointment had to have at least 60 college credit hours. Mr. Kelley had a two-year degree from Erie Community College. Ms. Lucachick questioned if Mr. Kelley did any police work while he was at the academy. Chief Gehen stated that Mr. Kelley would be at the academy for six months and would not do any police work during that time, but it was common practice to pay officers for their training at the police academy. RESIDENT QUESTIONS EXPENDITURE FOR D.A.R.E. T-SHIRTS Frank Russo, 38 Parkside Drive, referred to agenda item #9 and questioned how many D.A.R.E. t-shirts were purchased at a cost of $2587.50. Councilman Graber responded that 750 D.A.R.E. t-shirts were purchased at a cost of $3.45 each. RESIDENT QUESTIONS PAYMENT FOR YOUTH DIRECTOR VEHICLE Frank Russo, 38 Parkside Drive, questioned why the taxpayers were paying for the Youth Director vehicle.
ISSUES OF THE PUBLIC FOIL REQUEST FOR EMPLOYEE INFORMATION Frank Russo, 38 Parkside Drive, questioned the status of his request for a list of town employees, dates of hire, department, salaries for 2004, and increases for 2005. Mr. Russo further suggested that Supervisor Clark submit a more informative and detailed budget this year and that the budget hearing be held before the November election. Deputy Town Attorney William Bond stated that he had informed Mr. Russo that the present software was only capable of generating individual reports for his request at a cost of approximately $600. Deputy Comptroller Chuck Malinowski had spoken with the software company and they agreed to reconfigure the software to provide this information on one sheet at a cost of about $30. Mr. Bond did not have an exact date for when the software company would be doing this and suggested that Mr. Russo contact him tomorrow and he would try to get an approximate date. Mr. Russo questioned why other towns furnished this information to the public free of charge. Mr. Bond responded that Mr. Russo would be charged for the copies at 25 cents per page. The $30 charge was for reconfiguring the software. 3-E DEPARTMENTAL PRESENTATIONS Judge Richard Scott gave a brief summary on the duties and responsibilities of the Justice Court followed by questions from the public. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS GRANT TO ADDRESS UNSAFE DRIVING BEHAVIORS Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize the Supervisor to execute the Governor Traffic Safety Council (GTSC) Selective Traffic Enforcement Program (STEP) grant #PT-1574053 to reduce unsafe driving behaviors during the period of October 1, 2004 through September 30, 2005. On the question, Councilman Hicks noted that the Town of West Seneca would be receiving $3630 to assist with expenses associated with enforcement of various vehicle and traffic violations to include speeding, traffic control, and cell phone use violations throughout the town during the grant period.
LEASE OF VEHICLE FOR BUILDING & PLUMBING DEPARTMENT Motion by Councilman Hicks, seconded by Supervisor Clark, to approve the lease of a 2005 Chevy Equinox from Gillogly Chevrolet, 1777 Union Road, West Seneca, at a cost of $293.54 per month for 36 months.
MILITARY LEAVE OF ABSENCE FOR DARRYL SEIBERT Motion by Councilman Graber, seconded by Councilman Hicks, to approve a military leave of absence for Darryl Seibert effective February 14 – 25, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PAYMENT FOR AMMUNITION Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $4249.95 to Eagle Point Gun for ammunition.
WEST SENECA TELETHON SATELLITE COMMENDED Motion by Councilman Osmanski, unanimous second, to commend the West Seneca Satellite of the Variety Club Telethon on its 30th year anniversary. On the question, Councilman Osmanski noted that the event would be held March 12-13, 2005 at the Harvey D. Morin Post. This year’s host is the West Seneca Teacher’s Association.
NEW YORK STATE QUALITY COMMUNITIES GRANT Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt the following resolution concerning an application for a New York State Quality Communities Grant: WHEREAS, the Town of West Seneca desires to obtain grant funds available under the New York State Quality Communities Grant Program for the purpose of further implementing the environmental management aspects of the Comprehensive Plan and Zoning Ordinance; now, therefore, be it RESOLVED, that Supervisor Paul T. Clark is hereby authorized to execute the necessary documents to apply for funding in an amount not to exceed $75,000 to the Department of State, Quality Communities Program. As per grant application requirements, Councilman Christopher F. Osmanski shall be named project contact person. On the question, Councilman Osmanski noted that in conjunction with the Friends of the Buffalo River and the U.B. Environmental Law Clinic they would be submitting a joint application requesting funds to continue with the Master Plan. Many of the elements of the Master Plan identified proposals and things they would like to do and might suggest sample ordinances or give ideas of ways to carry them out, but there were no specifics or ordinances drafted that could be passed. The grant funds would only be used for planning, not for any physical things.
SLEDDING HILL AT SUNSHINE PARK Motion by Councilman Bove, seconded by Supervisor Clark, to authorize placement of a sledding hill at Sunshine Park on East & West Road. On the question, Councilman Bove stated that sometimes opportunities arose where the Town Board could serve West Seneca families with little or no cost to the taxpayers. Sunshine Park was an excellent location for a winter recreation destination for the community, and after consulting with Highway Supt. Patrick Finnegan and Principal Engineer Assistant Gary Bommer, it was determined that a sledding hill could be installed at Sunshine Park. The sledding hill would depend on the weather for the rest of this winter, but next year the Engineering Department would be surveying and designing a plan. There was a lot of fill available in the Highway Department to create a berm for the sledding hill.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS REAPPOINTMENT OF MICHAEL KOCIENIEWSKI TO BOARD OF ASSESSMENT REVIEW Motion by Supervisor Clark, seconded by Councilman Osmanski, to reappoint Michael Kocieniewski, to the Board of Assessment Review for a five-year term effective October 1, 2004 through September 30, 2009.
ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:00 P.M.
_______________________________________ PATRICIA C. WISNIEWSKI, RMC/CMC |