West Seneca Town Board Minutes 07/11/2005


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 July 11, 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.

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 Edna M. Chernowski, John F. Halligan, Eileen Caparella, Rita T. Kaminski, William “Homer” Lewis and Gerald R. Pigeon.

10-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2005-09 of June 13, 2005.

    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the June 27, 2005 Special Meeting.

    Ayes: All Noes: None Motion Carried

    10-B   COMMUNICATIONS

    1.   Councilman Bove re Mandatory electronic monitoring of registered sex offenders

    Motion by Councilman Bove, unanimous second, to adopt the attached resolution requesting the state legislature to adopt changes to the Corrections Law and Criminal Procedure Law to allow for mandatory electronic monitoring of registered sex offenders.

    On the question, Councilman Bove stated that the intent of this resolution was to increase the protection of children in towns across New York State. The Town of Amherst adopted a similar resolution sponsored by Councilman Shelly Schratz and Councilman Bove was happy to sponsor this resolution for the Town of West Seneca.

    Councilman Graber understood that the NYS Senate had already adopted the new law, but he was surprised that the NYS Assembly had not yet followed through on it. Councilman Graber hoped that this resolution would help to move the law forward and he commended Councilman Bove for sponsoring it.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2.   Town Engineer re NYSEG proposal for East & West Road and Nina Terrace

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the NYSEG street lighting proposal for adding one 100-watt hps luminaire on an existing pole on East & West Road at Nina Terrace for a total annual increase of $156.11 to the General Lighting District.


    Ayes: All Noes: None Motion Carried


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    10-B   COMMUNICATIONS

    3.   Town Engineer re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2164.66 to MVR Service, Inc. for repairs to pump on truck #58.


    Ayes: All Noes: None Motion Carried

    4.   Highway Supt. re Title change for Thomas Bausch to General Crew Chief

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Thomas Bausch as Working Crew Chief and appoint Thomas Bausch as General Crew Chief, Group 7, Step 5, at a rate of $23.30 per hour effective July 5, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


    Ayes: All Noes: None Motion Carried

    5.   Highway Supt. re Title change for Daniel Rath to Highway Laborer

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Daniel Rath as Sanitation MEO and appoint Daniel Rath as Highway Laborer, Group 1, Step 1, at a rate of $19.49 per hour effective July 11, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


    Ayes: All Noes: None Motion Carried

    6.   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 June 26 – 30, 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 Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3210.19 to Lakeside Sod for ball diamond mix.


    Ayes: All Noes: None Motion Carried

    8.   Chief Gehen re Attendance at NYS Chiefs of Police training conference

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Chief Edward Gehen to attend the 2005 New York State Chiefs of Police training conference in Saratoga Springs, New York, July 24 – 28, 2005 at a cost not to exceed $1245.


    Ayes: All Noes: None Motion Carried

    9.   Chief Gehen re Status change for part-time Public Safety Dispatchers to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatchers Michael Rybak, David Wasiura, and James Kavanaugh to part-time seasonal effective July 1 – 31, 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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    10-B    COMMUNICATIONS

    10.   Chief Gehen re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2700 to Vinyl Signz for graphics on new police vehicles and $1883.54 to FM Communications for changeover of radios to new police vehicles.


    Ayes: All Noes: None Motion Carried

    11.   Town Justices re Appointment of Jodie Wysocki as part-time Clerk

    Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Jodie Wysocki as part-time Clerk in the Justice Court effective June 22, 2005 at a rate of $11 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


    Ayes: All Noes: None Motion Carried

    12.   Recreation Director re Termination of Paulette Krakowski as part-time Clerk Typist

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Paulette Krakowski as part-time Clerk Typist effective July 11, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


    Ayes: All Noes: None Motion Carried

    13.   Recreation Director re Termination & appointment of part-time seasonal Recreation Attendants

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate James Galvin; Dana Isaac; and Casey Nyhart as part-time Recreation Attendants effective June 1, 2005 and appoint Matthew George and Lisa Wilhelm as part-time seasonal Recreation Attendants, Step 1, at a rate of $6 per hour effective June 30 – September 24, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


    Ayes: All Noes: None Motion Carried

    14.   Senior Citizens Supervisor re Rate increase for part-time Food Service Helper Carol Kennedy

    Motion by Councilman Osmanski, seconded by Councilman Bove, to grant a rate increase from $6.90 per hour (Step 1) to $7.40 per hour (Step 2) to part-time Food Service Helper Carol Kennedy effective March 29, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Kennedy completed the required 1400 hours of service.


    Ayes: All Noes: None Motion Carried


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    10-B    COMMUNICATIONS

    15.   Senior Citizens Supervisor re Status change for part-time Van Driver James Pjontek to seasonal

    Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Van Driver James Pjontek to part-time seasonal effective August 1 – December 30, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


    Ayes: All Noes: None Motion Carried

    16.   Youth Director re Appointment of P. Krakowski as part-time Youth Services Program Coordinator

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Paulette Krakowski as part-time Youth Services Program Coordinator at a rate of $9.90 per hour effective July 12, 2005 with part-time seasonal status effective July 12 – September 12, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


    Ayes: All Noes: None Motion Carried

    17.   Youth Director re Purchase of 12-passenger van for YES program

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of the Youth Engaged in Service (YES) 2002 Ford E-350 12-passenger van upon expiration of the 3-year lease on July 1, 2005 at the buyout amount of $13,304.11.


    Ayes: All Noes: None Motion Carried

    18.   Youth Director re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $8247 to Dualex Office Products for installation of a server and a backup tape drive and tapes.


    Ayes: All Noes: None Motion Carried

    10-C   REPORTS

  • Ruth E. Breidenstein, Receiver of Taxes’ report for May 2005 received and filed.

    10-D   DEPARTMENTAL PRESENTATIONS

  • Recreation Director Robert Walsh gave an informative presentation on the activities and programs that were part of the Recreation Department.

    ISSUES OF THE PUBLIC

    OPPOSITION TO SIDEWALKS ON WENRO PLACE

    Darlene Jones, 202 Indian Church Road, presented a petition signed by residents of Wenro Place and Indian Church Road that were opposed to having sidewalks installed as part of their street reconstruction next year. The residents thought that sidewalks would create many problems such as shortening driveways and loss of old growth trees. Mrs. Jones noted that she had submitted the petition to the Engineering Department.

    Supervisor Clark stated that he would discuss this request with Town Engineer George Montz and report back to Mrs. Jones.


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    ISSUES OF THE PUBLIC

    OPPOSITION TO SIDEWALKS ON WENRO PLACE    (continued)

    Mrs. Jones questioned if the residents would have any recourse if the engineers should decide to install sidewalks anyway.

    Supervisor Clark assured Mrs. Jones that if all the residents on the street were opposed to sidewalks, there would be no sidewalks.

    OPPOSITION TO GROUP HOME ON THORNDALE AVENUE

    Thorndale Avenue residents submitted a petition in opposition to a group home locating at 158 Thorndale Avenue.

    Supervisor Clark responded that the West Seneca Town Board was not the proper forum for submitting a petition on the group home. The board members were virtually powerless to stop a group home from locating in West Seneca.

    Town Attorney Tim Greenan stated that when the first few group homes located in West Seneca, the town challenged them on the basis of the number of group homes in the area and that they substantially altered the character of the neighborhood. There were more group homes located in the southeast corner of West Seneca than anywhere else due to the population of the West Seneca Developmental Center and the group homes along East & West Road and the surrounding neighborhood. However, they found out at that time that the town had no ability to accept or effectively reject a group home. Mr. Greenan advised that other neighborhoods were successful at communicating with the individuals that were sponsoring the group home and talking with them about things that would increase the neighbors’ sense of security, how the group home would be controlled, the nature of the residents of the group home, the level of supervision, etc. The town always encouraged the group homes to meet with the neighbors and talk to them about what they were doing, who the residents would be, and how they planned to integrate them into the neighborhood.

    Supervisor Clark stated that Community Services would be operating the group home on Thorndale Avenue and they had called for a neighborhood meeting at St. Bonaventure Church on July 20th at 6:00 P.M.

    Councilman Hicks thought that the residents’ concerns might have been prompted by the incident in his neighborhood involving a sexual offender, but he noted that they did not house these types of persons in the group homes. The residents of group homes were mentally retarded, somewhat older, and they were supervised 24 hours. Councilman Hicks stated that the Town Board could not do anything to help, but the residents could contact Assemblyman Mark Schroeder or Senator William Stachowski with their concerns.

    Mr. Greenan stated that the town always raised the issue of security with the group homes and the incident with the group home on East & West Road was the first security problem they had any knowledge of in West Seneca. Although there was no guarantee nothing would happen, the town would continue to communicate with the group homes regarding security issues. Mr. Greenan noted that the group homes did not have the authority to have anyone who was a security risk, but there were people that were not developmentally disabled that were security risks and lived within the town.

    Councilman Osmanski agreed and thought it was wrong for anyone to characterize someone with developmental disabilities as being any more of a violent nature than the normal population. There was only one incident over all the years the Developmental Center was located on East & West Road, but the rate of violence in any normal neighborhood was way beyond that.


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    ISSUES OF THE PUBLIC

    OPPOSITION TO GROUP HOME ON THORNDALE AVENUE    (continued)

    Mr. Greenan stated that he had recently met with the director of the West Seneca Developmental Center to discuss the security issue with them. The only population still living at the Developmental Center were people that were not appropriate for group homes. There were only about 80 residents and they would remain institutionalized.

    Supervisor Clark stated that he would try to attend the meeting on July 20th and asked that a police representative also attend. He intended to ask Community Services what type of screening process they used to determine who was suitable for a group home. He would also ask them about their built in supervision and security provisions. Supervisor Clark understood that the New York State Developmental Disability Services Office (NYSDDSO) sponsored group homes would be upgrading their security standards, and he wanted to see that followed through with the other agencies.

    A resident questioned what would happen if a group home became a problem in a neighborhood.

    Mr. Greenan advised that their license could be revoked and they could be decertified as a group home.

    Mike Helm, 159 Thorndale Avenue, stated that he used to work at a group home and there were many incidents that did not get reported. He noted that mildly retarded adults were somewhat dangerous and the first thing that group home employees learned was how to subdue a person. Mr. Helm questioned if there were any minimum parking requirements for group homes.

    Mr. Greenan responded that the town was required by the state to consider group homes single-family residences. They could regulate parking on the street, but not in the lot or driveway. Mr. Greenan stated that group homes normally expanded the parking area on the lot. He suggested that the neighbors ask about parking plans at the meeting with Community Services.

    PROPERTY MAINTENANCE ON THORNDALE AVENUE

    A resident commented on problem properties on Thorndale Avenue and stated that #85 was vacant for ten years and the grass was overgrown, #115 had a condemned sign on the window, and no one was living at #33.

    Supervisor Clark referred these addresses to Code Enforcement Officer William Czuprynski.

    PROBLEMS AT SOCCER COMPLEX

    Bill Glair, 92 Parkside Drive, commented on problems at the soccer complex behind his home and stated that there were people using the back yards for bathrooms and using foul language. He asked that the Town Board do something to stop this from happening.

    Supervisor Clark stated that Mr. Glair should call the police when he experiences a problem with anyone at the soccer complex. He referred to some comments in the West Seneca Bee regarding this and asked Asst. Chief Dale Wight if he was aware of any reports of these types of problems at the soccer complex.

    Asst. Chief Wight responded that there had been no reports recently, but historically there were some problems.


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    ISSUES OF THE PUBLIC

    PROBLEMS AT SOCCER COMPLEX    (continued)

    Town Attorney Tim Greenan stated that based upon the editorial in the West Seneca Bee he contacted Dave Lawson and Dave Zygaj who were involved with the soccer complex and the only conversation they had with neighbors was a request to cut the other side of the berm. Mr. Lawson was at the soccer complex every day and had received no complaints from any of the neighbors regarding the issues stated in the West Seneca Bee. The camping at the soccer complex took place in the back corner of the park and it was Councilman Osmanski with the boy scouts. No other camping occurred there.

    Diane Siminski, Parkside Drive, understood that Buffalo/Niagara Sports was running the soccer complex and she questioned who was responsible for bringing them in and if they had received approval from the Town Board.

    Councilman Osmanski advised that the soccer association was responsible for bringing in Buffalo/Niagara Sports and there was no formal approval by the Town Board.

    Mrs. Siminski questioned if Buffalo/Niagara Sports answered to the town or the soccer association and if there was a written or verbal contract with them. She further questioned how Buffalo/Niagara Sports was being compensated.

    Mr. Greenan responded that Buffalo/Niagara Sports answered to the soccer association and there was a written agreement with them for 2004-2005 with an option to renew after that. He offered to furnish Mrs. Siminski with a copy of the agreement. Mr. Greenan stated that they were currently operating at a deficit, and the Town Board had requested a report from the soccer association and from Buffalo/Niagara Sports regarding the status of the soccer park, its current financial operations, and future plans.

    Mrs. Siminski questioned if the soccer association or Buffalo/Niagara Sports was responsible for the lease payments.

    Mr. Greenan stated that the agreement was that Buffalo/Niagara Sports guaranteed that the soccer association would make the lease payments on a current basis. The agreement called for the amount due in 2005 to be paid by December 31, 2005.

    Anthony Sansone, 15 Parkside Drive, stated that the soccer association never made a formal request to the Town Board for permission to carry on activities at the soccer park that were not directly related to youth soccer. He thought that this clause in the lease was very important because it allowed the Town Board and the citizens of West Seneca to monitor the activities carried on at the soccer complex. Mr. Sansone noted that Buffalo/Niagara Sports was a private enterprise conducting business on property funded by town taxpayers. They were being subsidized while conducting private business transactions and the town in return was receiving next to nothing for the arrangement. Only about $600 was paid to the town to date in 2005. Mr. Sansone commented that town taxpayers were covering the bond floated to finance the soccer complex, and with the current arrangement they were paying a second more subtle tax through the revenue collected by Buffalo/Niagara Sports from its customers using the complex. He further commented that the soccer association was an entity set up to provide a service to the town residents. They had a legal relationship with the town and their primary function was to provide soccer instruction to the youth of West Seneca. Mr. Sansone did not believe it was the soccer association’s function to decide what, how many, or at what time activities would be conducted at the soccer complex. The residents of West Seneca elected the Town Board and he thought they should be responsible for making these decisions. Mr. Sansone commented that by negating their responsibility to enforce the lease agreement the Town Board was neglecting their responsibility to the citizens of West Seneca. He thought the soccer association had assumed the powers of an elected governing body of the town, and this was a breech of a properly functioning government. The Town Board could not yield its authority to another town entity without the consent of the residents. Buffalo/


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    ISSUES OF THE PUBLIC

    PROBLEMS AT SOCCER COMPLEX    (continued)

    Niagara Sports, the Cheektowaga Soccer Association, and the car show had no civic relationship with the Town of West Seneca. The lease agreement made this point clear, yet these entities through their dollars had more to say about the activities at the soccer complex than the residents of West Seneca. Mr. Sansone understood that the Town Board’s rationale for allowing this was so the soccer association could finally meet their financial obligation to the town. He questioned if the Town Board or Comptroller had ever examined the financial records of the soccer association to determine if they would ever be able to meet their financial obligation. Mr. Sansone stated that he submitted a Freedom of Information request to the Town Attorney’s office in April 2004 requesting copies of the financial records of the soccer association so he could make his own calculations. In response to his request, Mr. Sansone received a letter from the Town Attorney’s office stating that he would receive a reply within 30 days, but he never heard anything from them again. Mr. Sansone did not believe that the soccer association would ever be able to meet their financial obligation to the town, and therefore, all the excess activity at the soccer park was unnecessary and only harmed the surrounding neighborhoods. He thought that the town had miscalculated the projected revenues to cover the project and the taxpayers would continue to cover the bond. Mr. Sansone suggested that they just move on and restore the park back to its primary function to provide game time for the youth of West Seneca. The children would have a home to play their games, their supporters could continue to enjoy the games, the fields would benefit from less wear and tear, and there would be more rotation of play. The surrounding neighborhood would also benefit from reduced noise, garbage, and a shorter playing season. If this was unacceptable to others, Mr. Sansone suggested that the Town Board assume their responsibility and mediate between those involved until a resolution was achieved.

    Carlo Lepore, 57 Parkside Drive, thanked the Town Board for the work that was done on the storm sewer on his street and stated that the street stayed dry even with all the rain last year. However, at the time the work was being done Mr. Lepore had asked that a 60-inch pipe be installed in the berm to drain the water from Parkside Drive to the soccer complex. This would have given Mr. Lepore some privacy in his back yard, but instead the berm was removed. Trees were planted but they were the wrong kind and did not give him any privacy. Mr. Lepore asked that the existing trees be replaced to give him more privacy in his back yard and prevent people using the soccer park from walking through.

    Supervisor Clark questioned the type of tree Mr. Lepore would prefer in place of the existing trees.

    Mr. Lepore showed Highway Supt. Pat Finnegan the type of trees he would like to see planted to give him some privacy in his back yard.

    Supervisor Clark suggested that Mr. Lepore leave his phone number with Mr. Finnegan and he would communicate with Town Engineer George Montz about replacing the trees.

    Frank Russo, Parkside Drive, referred to the problem at the soccer complex and distributed information concerning the loss of revenue from the soccer field operation. He did not believe that the town would ever receive all the money owed by the soccer association. Mr. Russo noted that after Mr. Savarino was hired in 2004, the town only received $15,000. The soccer association collected an average of $80 from each of the 1000 kids in the house league in January and February, and the travel league had 400 – 500 kids at approximately $130 per child. Only $672 was remitted to the town, and Mr. Russo questioned where the rest of the money went. Mr. Russo further commented that the soccer association watered the soccer fields in the middle of the day at the hottest time of the day when the water would just evaporate. He thought this was a waste of taxpayers’ money. Mr. Russo questioned if Supervisor Clark recognized that there was a problem at the soccer complex.


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    ISSUES OF THE PUBLIC

    PROBLEMS AT SOCCER COMPLEX    (continued)

    Supervisor Clark responded that the Town Board was working on having the soccer association rearrange their finances so they could meet their obligations. The Town Board was not satisfied or happy that the soccer association had not performed financially the way they hoped to, but they were trying to work through their situation and the Town Board was trying to work along with them. The Town Board was taking the management steps they thought were appropriate to do the best job so the soccer association could meet its obligations and operate a good facility.

    Mr. Russo understood that the board members had been contacted regarding Daemen College remodeling the soccer complex and using it for the next 20 years. He questioned how the soccer association or Buffalo Niagara Sports could negotiate with anyone for use of the soccer complex when the town owned the property.

    Councilman Graber responded that only the West Seneca Town Board would be able to negotiate with Daemen College.

    Mr. Russo further commented that he had contacted Supervisor Clark’s office a month ago regarding having this matter placed on a work session agenda, but he had not yet received a return phone call to schedule his request.

    Joan Russo, Parkside Drive, stated that according to the lease agreement with the soccer association, the Town Board had to approve all activities at the soccer complex. She questioned if the Town Board had given their approval for the tournaments, camping, craft show, car show, and the walk-a-thon.

    Supervisor Clark stated that the board members had not approved any specific activities at the soccer complex, but he did not believe that there had been any inappropriate or destructive activities there. They had all been to service youth and youth activities and help the soccer association meet its financial obligations.

    Mrs. Russo questioned how the upcoming arts & crafts show would help youth activities.

    Supervisor Clark thought that it was within the general mission of the soccer association.

    Mrs. Russo questioned if any other town parks would be used in a similar fashion as the soccer complex and if other neighborhoods abutting town parks could expect car and craft shows and camping at the park.

    Supervisor Clark stated that they had not subleased any other town parks to any organizations, but Centennial Park was used for Community Days and the Kiwanis Arts & Crafts Festival.

    Mr. Greenan stated that he had asked Dave Zygaj and Dave Lawson to put together a complete report listing all events that were scheduled at the soccer complex. Some of the events were paid and some were unpaid. The report would indicate the fees collected and what those fees were used for.

    Councilman Osmanski commented that the board members understood the concerns about the soccer complex with regard to revenue and operations and recognized that there were things that had to be addressed. They wanted to meet with Dave Zygaj and Buffalo/Niagara Sports first to get some answers and then meet with the residents of Parkside Drive to discuss the issues and try to address them. They understood that they could not go forward as they had been and something more and better had to be done. Councilman Osmanski stated that the board members wanted to do something for the neighborhood so that the soccer park was not imposing on them, but he did not know whether any changes would be made this season.


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    ISSUES OF THE PUBLIC

    DISRUPTIVE ACTIVITIES AT BAR ON CLINTON STREET & BORDEN ROAD

    Dale Kling, 4760 Clinton Street, stated that approximately one month ago the bar on the corner of Clinton Street and Borden Road changed owners, and since that time the noise and parking on the street was disrupting the neighborhood. Mr. Kling noted that there was a band on the patio on the July 4th weekend and last weekend the grand opening celebration was held Friday night, Saturday night, and Sunday night.

    Supervisor Clark stated that he had previously received a complaint about this and talked to the new owners. They assured him that it was their grand opening celebration and they did not expect that kind of traffic in the future.

    Mr. Kling stated that he was most concerned about the music that could be heard throughout the neighborhood. The band had also mentioned that they would be back next Friday night. Mr. Kling contacted Code Enforcement Officer William Czuprynski this date and was informed that the bar owners did not have a special permit that was required for outdoor music.

    Councilman Graber stated that he was on the Zoning Board when the previous owner requested a variance for an outdoor patio. At that time, it was made clear to him that outdoor music was not permitted and would not be tolerated.

    Councilman Osmanski stated that he had driven past the bar on the weekend and cars were parked on Clinton Street up to Buffalo Air Park. Although it was nice that they were doing well, he thought that this number of people had to exceed the capacity of the building.

    RESIDENT QUESTIONS ENFORCEMENT OF THREE-MINUTE RULE

    Dale Clarke, 379 Indian Church Road, questioned why certain members of the public were able to speak for more than three minutes and others were limited to the three-minute rule. He did not believe that everyone was being represented equally.

    Supervisor Clark responded that some people did not behave in a reasonable manner.

    Mr. Clarke felt that the Town Board was doing an injustice to the residents by selectively enforcing the three-minute rule.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    PAYMENT AUTHORIZED FOR FENCE AROUND RADIO TOWER

    Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $3050 to Active Fence Company for the fence surrounding the new radio tower.

    Ayes: All Noes: None Motion Carried

    APPOINTMENT OF DEBBIE GIBSON AS PART-TIME ACCOUNT CLERK TYPIST

    Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Debbie Gibson as part-time Account Clerk Typist at the West Seneca Youth Bureau at a rate of $9.40 per hour effective July 13, 2005 with seasonal status effective July 13 – October 13, 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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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    COURT DATE FOR OLD FRENCH ROAD ISSUE

    Councilman Osmanski asked Code Enforcement Officer William Czuprynski for information on the court date for the issue on Old French Road.

    Mr. Czuprynski responded that he would contact Councilman Osmanski and advise him of the court date.

    LEVEL 2 & 3 SEX OFFENDERS TO BE POSTED ON TOWN WEBSITE

    Councilman Bove stated that she had discussed with Chief Gehen, Asst. Chief Wight, and Town Attorney Tim Greenan the possibility of posting Level 2 & 3 sex offenders living in West Seneca on the town website in case residents misplaced the papers that were mailed to them by the school system.

    Motion by Councilman Bove, unanimous second, to post information for Level 2 & 3 sex offenders on the town’s website.

    On the question, Mr. Greenan advised that law enforcement had certain restrictions on these individuals, but the items mailed were public information and could be posted on the website.

    Councilman Bove noted that Asst. Chief Wight had informed her that there were seven Level 2 and three Level 3 sex offenders living in West Seneca.

    Councilman Graber commended Councilman Bove for her progressive thinking on this issue.

    Ayes: All Noes: None Motion Carried

    CROSSWALKS ON LEGION PARKWAY

    Code Enforcement Officer William Czuprynski referred to the crosswalks located on Legion Parkway near the swimming pool and stated that they were barely visible on the pavement. He suggested that these crosswalks be repainted and a sign posted stating that pedestrians had the right-of-way to warn motorists of the possibility of pedestrians in the crosswalk.

    Supervisor Clark understood that they could post this type of sign under NYS law, but he questioned if that might give children a false sense of security. Supervisor Clark suggested that this be reviewed by the Traffic Committee and referred the matter to Highway Supt. Patrick Finnegan.

    Town Attorney Tim Greenan noted that part of the streetscape plan as it related to the Town Hall included rerouting some pathways and having interconnecting pathways leading to the pool. He suggested that Mr. Finnegan review the streetscape plan prior to locating the crosswalks.

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:30 P.M.

    Ayes: All Noes: None Motion Carried


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    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK