West Seneca Town Board Minutes 02/27/2006


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2006-03
West Seneca, NY 14224 February 27, 2006

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 Robert T. Keefer Jr., Dorothy M. Wilson, Salvatore F. “Sam” D’Amato, Angelo Salamone and Deborah Ann Stachowski.

3-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2006-02 of February 13, 2006.

    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the February 21, 2006 bid opening for the Sanitary Sewer Repair Contract.

    Ayes: All Noes: None Motion Carried

    3-B    HELD OVER PUBLIC HEARINGS

    1.   Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 5700 SENECA STREET, BEING PART OF LOT NO. 227, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR A RESTAURANT SERVING ALCOHOLIC BEVERAGES” in the Town of West Seneca.             (Donald T. Denz)

    Motion by Supervisor Clark, seconded by Councilman Hicks, to reopen the public hearing.

    Ayes: All Noes: None Motion Carried

    Town Attorney Timothy Greenan stated that the Town Board adjourned this public hearing at the last meeting to give the petitioner an opportunity to modify his proposed site plan with particular attention to a proposed second story outdoor patio and its impact on residents living along Seneca Street.

    Donald Denz, 1005 East Main Street, East Aurora, stated that his architect met with a number of the neighbors last week and presented a revised site plan.

    Frank Butler of Fontanese, Folts, Aubrecht, Ernst, Bammel Architects stated that outdoor seating on the second story was removed and the first floor outdoor patio will have a 6’ to 7’ privacy screen around it. The seating was unchanged and conformed to the number of parking spaces. The two-story addition to the building will accommodate an elevator shaft and stairway. There will be a 6’ x 10’ outdoor balcony on the second floor for patrons to smoke and it will not be visible to the Seneca Street residents. There will be no permanent seating on the balcony and no food or beverages served.

    Mr. Denz noted that shields will be installed on the outdoor light pole and it will be lowered to 18 feet or whatever the Town Board specified. The existing stockade fence will be extended 30 feet to the east. If the light pole were a problem he would agree to install lights along the fence shining in toward the parking lot.


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    3-B    HELD OVER PUBLIC HEARINGS

    1.    (continued)

    Councilman Bove referred to the parking and questioned if the number of parking spaces took into account that people would be standing at the bar along with sitting at tables.

    Code Enforcement Officer William Czuprynski responded that the required parking was calculated using the number of seats and the square footage in the bar area. Approximately 20 spaces were required for 100 people. The plan indicated 50 parking spaces, which would allow for 250 people, and the building will not hold that many people.

    Councilman Bove was concerned about overflow parking on Seneca Street.

    Mr. Czuprynski stated that if parking became a problem, the town could prohibit parking on Seneca Street. He suggested no parking 300 feet from the corner on each side of the road.

    Attorney Paul Rudnicki, 2732 Seneca Street, represented Mr. & Mrs. William Falkner of 5627 Seneca Street and expressed their concern over the second story patio and parking on the street. Although the second story patio was addressed, the Falkner’s were concerned about parking on the street because of the high speed nature of Seneca Street and Transit Road. They asked that the Town Board take a close look at the parking issue.

    Rick Flett, 1112 Center Road, stated that he owned Seneca Greenhouse on Transit Road and he welcomed the restaurant as a new neighbor. Mr. Flett did not have a problem with the 30-foot extension to the stockade fence, but noted that anything more than that would obstruct the visibility of his business from the road.

    Mike Kelchlin, 5622 Seneca Street, stated that the 30-foot extension to the fence did not help his situation and he would still be able to see the parking area from his back yard. Mr. Kelchlin was also concerned about parking on Seneca Street.

    Laura Friol, 5616 Seneca Street, stated that Mr. Denz compared his proposed restaurant to an Applebee’s or Friday’s, but she did not believe that those restaurants served alcohol outdoors. Mrs. Friol thought that service of alcohol outdoors presented the problems the neighbors were concerned about, like overflow parking, and she did not believe this was a family type restaurant.

    Mr. Denz stated that there will be a bar in the restaurant, but the business will not be primarily a bar. He further noted that currently the headlights from traffic on Transit Road were visible from Mr. Kelchlin’s property and he did not think any type of fence would solve that problem.

    Councilman Graber suggested limiting the hours of use of the outdoor patio to not past 11:00 P.M.

    Mr. Denz stated that he would agree to whatever the Town Board stipulated, but he preferred to just stop any music or serving outdoors after 11:00 P.M.

    Councilman Hicks questioned if there would be access to the outside from the patio.

    Mr. Denz responded that there would be an emergency exit from the patio, but they would not want people using that exit otherwise.

    Councilman Graber questioned Mr. Denz’ intention with regard to outdoor music.

    Mr. Denz stated that if anything there would be light music and the cars going by would be louder than the music.


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    3-B HELD OVER PUBLIC HEARINGS

    1.    (continued)

    Mr. Greenan stated that if the music could be heard beyond the property boundaries, it would be a violation of the Noise Ordinance.

    Mr. Czuprynski noted that the outdoor patio had to be approved by the Zoning Board of Appeals and they normally put restrictions concerning music and time limits.

    Councilman Bove questioned if the fence will block lights from vehicles pulling into the parking area from Transit Road and prevent them from shining into the Seneca Street residents’ yards.

    Mr. Butler responded that Mr. Kelchlin’s property is very deep and the rear of his property is well beyond the boundary of Mr. Denz’ property line. He noted that the traffic on Transit Road and vehicles at the nursery were also visible.

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

    Ayes: All Noes: None Motion Carried

    Councilman Osmanski stated that when most special permits were approved the board incorporated the plan as submitted to ensure that details were followed through on. He questioned if they could incorporate this plan in the motion when it showed the outdoor patio, but the board had no jurisdiction to grant it.

    Mr. Greenan responded that the plan could be incorporated but he questioned under what basis Mr. Czuprynski thought the Zoning Board of Appeals had to approve the outdoor patio.

    Mr. Czuprynski referred to the section of the Zoning Ordinance stating that a restaurant serving alcoholic beverages must be conducted within a completely enclosed building. They would need a variance for the outdoor patio even if they did not serve alcohol outside.

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the request for a special permit for property located at 5700 Seneca Street, being part of Lot No. 227, changing its classification from C-2 to C-2(S), for a restaurant serving alcoholic beverages, excluding the westerly 10 feet of the property, and with the following stipulations: 1) the reconfigured parking lot shall conform with the seating; 2) any lighting on site shall be directed away from the residential property to the west and light standards will be lowered to a minimum of 18 feet and shielded (If the lighting continues to impede the residents, the petitioner agrees to install lighting along the exterior fence and shining toward the parking lot away from the neighbors; 3) incorporate by reference the plans as submitted (A1, A2, Alterations and Additions Plan) and dated February 21, 2006 with all the alterations shown but with use of the outdoor patio for service of food and alcoholic beverages subject to approval of the Zoning Board of Appeals; 4) service of food and beverages is permitted outdoors, however, outdoor music is only permitted until 11:00 P.M.; 5) no seating or service of food or beverages on the second floor outdoor balcony.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 49 BOYNTON AVENUE, BEING PART OF LOT NO. 4, CHANGING ITS CLASSIFICATION FROM R-50 TO R-50(S), FOR ADDITION OF A FOURTH UNIT TO EXISTING STRUCTURE” in the Town of West Seneca.             (Phillip Hauenstein)


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    3-B HELD OVER PUBLIC HEARINGS

    2.    (continued)

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

    Ayes: All Noes: None Motion Carried

    Philip Hauenstein, 49 Boynton Avenue, stated that because the ordinance was geared toward larger developments, the driveway and parking presented a problem for his proposed project. He presented revised plans for the driveway and parking, including a plan that eliminated the median and increased the driveway width to 30 feet.

    The board members reviewed the driveway and parking plans to determine the best plan for the site.

    No comments were received from the public.

    Motion by Supervisor Clark, seconded by Councilman Hicks, to close the public hearing.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the request for a special permit for property located at 49 Boynton Avenue, being part of Lot No. 4, changing its classification from R-50 to R-50(S), for addition of a fourth unit to the existing structure, with the driveway and parking as follows: a 13½ foot entrance driveway, a 6½ foot median, and a 10½ foot exit driveway; three parking spaces in the garage, three parking spaces in front, and two side parking spaces perpendicular to the driveway.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    3-C   COMMUNICATIONS

    1.   Town Engineer re Bid award for Sanitary Sewer Repair Contract

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for the Sanitary Sewer Repair Contract, Job No. S-0602, to Nichols, Long & Moore, 149 Gunnville Road, Lancaster, NY 14086, at their low contract amount of $84,186 and authorize the Supervisor to sign the contract documents.


    Ayes: All Noes: None Motion Carried

    2.   Town Engineer re NYSEG proposal for Country Lane

    Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $119.88 for adding nine 70-watt high pressure sodium luminaries along Country Lane, Electric Lighting District No. 3E.


    Ayes: All Noes: None Motion Carried


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    3-C   COMMUNICATIONS

    3.   Town Engineer re Harwood Rd/Tobey Hill Dr/Cheryl Rd Reconstruction Project, change order #2

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve change order #2 in the amount of $623.38 for Occhino Corporation, 2650 Seneca Street, West Seneca, for performing extra restoration work at 21 Harwood Road due to a tree removal on the Harwood Road/Tobey Hill Drive/Cheryl Road Reconstruction Project, Job No. H-0402.


    Ayes:  (4)    Councilman Osmanski, Councilman Hicks, Councilman Graber, Councilman Bove
    Noes: None
    Abstentions:  (1)    Supervisor Clark
    Motion Carried

    Supervisor Clark abstained from voting on this item because Occhino Corporation was a client of an accounting firm that he had a financial interest in.

    4.   Town Engineer re Leydecker Road Reconstruction Project, change order #1

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve change order #1 in the amount of $14,620.53 for Accadia Site Contracting, Inc., 5636 Transit Road, Depew, NY 14043, for furnishing No. 1 bedding and encasement stone for the watermain installation on the Leydecker Road Reconstruction Project, Job No. L-0404.


    Ayes: All Noes: None Motion Carried

    5.   Highway Supt. re Title change for James Kittner to General Crew Chief

    Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate James Kittner as Highway Working Crew Chief and appoint James Kittner as General Crew Chief, Group 7, Step 5, at a rate of $23.95 per hour effective February 27, 2006 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 Title change for Jeffrey Bunn to Highway Laborer

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Jeffrey Bunn Sanitation MEO and appoint Jeffrey Bunn as Highway Laborer, Group 1, Step 1, at a rate of $20.02 per hour effective February 27, 2006 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 Hicks, to authorize payment of $3200 to Osinski Plumbing Inc. for installation of a hot water tank and plumbing repairs at the Burchfield Center.


    Ayes: All Noes: None Motion Carried


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    3-C    COMMUNICATIONS

    8.   Chief Gehen re Retirement of Lt. Thomas Hanover

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Lieutenant Thomas Hanover and terminate him effective March 15, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Lt. Hanover served the West Seneca community for more than 33 years.


    Ayes: All Noes: None Motion Carried

    9.   Town Clerk re Attendance at NYS Town Clerks Association Conference

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Town Clerk Patricia C. DePasquale to attend the New York State Town Clerks Association Conference in Saratoga Springs, New York, April 23 – 26, 2006 at a cost not to exceed $1000.


    Ayes: All Noes: None Motion Carried

    10.   Comptroller re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $6429 to KVS Information Systems Inc. for the annual software subscription and support service.


    Ayes: All Noes: None Motion Carried

    11.   Code Enforcement Officer re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $3310.03 to Biel’s Information Technology Systems for microfilming.


    Ayes: All Noes: None Motion Carried

    12.   Youth Director re Vehicle purchase

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of a new 2005 GMC box truck with fiberglass shell from Jim Ball Pontiac at a cost not to exceed $23,815.11, noting that funds for this purchase are provided by a grant from the M & T Bank Foundation to the AmeriCorps not-for-profit division and the balance of the purchase is from fees for service contracts in the Youth Bureau’s Trust Fund.


    Ayes: All Noes: None Motion Carried

    13.   Youth Director re Status change for Dolores Stefanacci to part-time seasonal

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of Dolores Stefanacci from part-time to part-time seasonal effective March 1 – April 28, 2006 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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    3-C    COMMUNICATIONS

    14.   Youth Director re Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer in the amount of $3950 from Other Expense Acct. #01.7420.0419 to Repairs & Maintenance Acct. #01.7420.0445 for the Youth Bureau to cover emergency repairs.


    Ayes: All Noes: None Motion Carried

    15.   Youth Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $3847.21 to Glorified Development Corporation for roof repairs at the Burchfield Center.


    Ayes: All Noes: None Motion Carried

    3-D    REPORTS

  • Ruth E. Breidenstein, Receiver of Taxes’ report for January 2006 received and filed.

    3-E    DEPARTMENTAL PRESENTATIONS

  • Zoning Board Chairman William Bond gave a brief presentation on the duties of the Zoning Board.

    ISSUES OF THE PUBLIC

    SOCCER COMPLEX ISSUES

    Frank Gugino, 45 Parkside Drive, was opposed to renting the soccer complex out and commented on the soccer association’s inability to pay the town, noting that they only paid $1810 in 2005. He stated that the residents of Parkside Drive did not want to have to put up with the disrespect and sometimes outrageous and disgusting behavior of the people that used the soccer park and ignored the “Stay Off the Berm” signs. Mr. Gugino thought that the town reneged on its original promise that the soccer complex would be for the children of West Seneca only. He questioned why the town would want to enter into another lease agreement with some of the same people that were involved with the original lease agreement when so much money had gone unaccounted for over the last five years. Mr. Gugino stated that the Southgate Homeowner’s Association repeatedly requested copies of the figures pertaining to the arrears and other questions pertaining to the soccer complex and they have been repeatedly stonewalled. He suggested that the residents take their complaints to the media and ask them why the town was denying them information about where their tax dollars were going. Mr. Gugino felt that the residents’ complaints were falling on deaf ears and the elected officials were not acting on their behalf.

    Bill Glair, 92 Parkside Drive, stated that he had attended the initial meetings regarding the soccer park and was told that it would only be used for 300 to 500 West Seneca children, not colleges or professional teams. He commented on the behavior of people that use the park and did not want it to be rented out to the adult soccer teams.

    Joan Russo, Parkside Drive, asked that the Town Board make the soccer complex neighborhood friendly for the residents of Parkside Drive.


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    ISSUES OF THE PUBLIC

    SOCCER COMPLEX ISSUES    (continued)

    Frank Russo, Parkside Drive, stated that the residents of Parkside Drive did not want the soccer complex rented out. He referred to the earlier public hearing for a restaurant at Seneca Street and Transit Road and the board members’ concerns about noise disrupting that neighborhood. The soccer complex was a problem for the residents of Parkside Drive for six years and Mr. Russo did not believe the Town Board was doing anything to help the residents. He questioned if the board members intended to rent out the soccer complex this year.

    Councilman Hicks responded that it was possible they would be renting out the soccer complex this year, but currently there were no scheduled events. He stated that the Town Board made a promise that they would change things at the soccer complex, but it would not happen over night; the process took time.

    Town Attorney Timothy Greenan stated that the Town Board had directed that he and Comptroller Charles Koller meet with representatives of the soccer association to develop a plan that would ensure that no activities at the soccer complex would affect the neighbors. The Town Board wanted to exercise control over activities at the soccer complex and do it in a way that had the least amount of impact. It would be unacceptable to have anyone in the neighbors’ back yards, on the berm, or adult leagues next to the neighboring back yards at any time on weekends.

    Carl Lepore, 57 Parkside Drive, commented on the lack of privacy in his back yard when the soccer complex was rented out. He noted that the trees that were planted did not survive and he wanted the same type of tree that was planted behind the Penders’ property.

    Town Engineer George Montz stated that Mr. Lepore selected the type of tree that he wanted planted and he was instructed on what to do to prevent the deer from eating them.

    Mary Penders, 63 Parkside Drive, stated that when the soccer complex was originally planned the neighbors were assured that it would only be used from April until August by the youth of West Seneca. The soccer complex started with just town teams and then expanded to high school teams in the fall, men’s leagues on the weekends, and rentals for car shows, arts & crafts shows and tournaments where people camped there. There was noise from these events and the residents requested that if the soccer complex was going to be used for these occasions that they use the fields away from the berm. Mrs. Penders noted that she loved the soccer complex and it was nice when it was quiet, but she questioned what happened to the original plan and why the soccer complex could not be self-sufficient the way it was supposed to be.

    Mr. Greenan stated that the Town Board had requested that he research the records to see if there was a promise made that the soccer complex would be just for West Seneca residents and children. When the West Seneca Soccer Association presented their original business plan, they anticipated they would have substantial revenue from operation of the concession stand along with sponsorship dollars from community organizations. They also expected revenue from field rentals to other soccer associations. Rather than generating $30,000 in revenue, the concession stand operated at a net loss each year. The soccer association was also covering a number of substantial expenses that were properly attributed to the town, such as utility costs for lighting the parking area and watermain charges. The Town Board now recognized that they need a better management and administrative system for the soccer complex. They wanted the town to be involved in the actual operations and management of the soccer complex, taking care of maintenance, and making sure that scheduling meets a set of rules approved by the Town Board. The Town Board did not want to approve every soccer game held at the soccer complex, but if there was some event that could have a large impact on the neighborhood, they wanted to know about it in advance and give their approval.


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    ISSUES OF THE PUBLIC

    SOCCER COMPLEX ISSUES    (continued)

    Mrs. Penders also felt that the Parkside Drive residents abutting the soccer complex should be informed of any proposed events for the soccer complex.

    Karen Lucachick, 61 Greenmeadow Drive, understood that last year a professional organization ran the soccer complex. She questioned who paid them and if operations were any better last year with someone else running it.

    Supervisor Clark responded that no one paid the organization; Buffalo/Niagara Sports volunteered their services.

    Mr. Greenan stated that David Zygaj, who was with Buffalo/Niagara Sports at the time, thought that if they could increase sponsorship dollars and increase the activity, the soccer complex could become self-sustaining. However, there was a general consensus against increasing activity at the soccer complex and the Town Board wanted to take a different direction. Mr. Greenan stated that there was a substantial reduction in the operational cost of the soccer complex last year, so the West Seneca Soccer Association did not fall into a deficit. One of the major expenses was grass cutting, and they attempted to increase the amount available for the soccer association by cutting the grass in a different manner to save costs. They also attempted to begin bringing other events to the soccer complex, such as the car show, but these ended up being a cost to Buffalo/Niagara Sports.

    Mrs. Lucachick commented that the soccer association’s plan should have been looked at prior to building the soccer complex and the expenses factored in to determine if the project was a feasible plan.

    Mr. Greenan stated that the soccer complex is considered the nicest in the northeast part of the country and soccer enthusiasts from all over Western New York name it as the best and safest place to play. The Buffalo Convention and Visitor’s Bureau looks at dollars that are generated in local communities based upon activity and they think the soccer complex is great. This is in contrast to the impact the soccer complex has had on the neighbors and the board is attempting to come up with a policy to minimize this impact.

    Mrs. Lucachick questioned if there was money collected from the colleges that played at the soccer complex and if anyone had to account for the fees collected.

    Mr. Greenan stated that there was a per game rental fee for anyone using the soccer fields, except for disabled groups. The soccer association had accounted for the money they received, but there was not a lot of money involved.

    Mrs. Lucachick commented that although the soccer complex was good for youth, it came at a very high expense for the surrounding neighbors and financially for the rest of the town.

    STATUS OF TOWN ASSESSOR’S OFFICE

    Dale Clarke, 379 Indian Church Road, questioned the status of the Assessor’s Office and what happened to Town of Hamburg Assessor Robert Hutchison that the town hired to assist in that office.

    Supervisor Clark responded that Mr. Hutchison got busy with other duties and he no longer had any primary responsibility in the Town of West Seneca.

    Mr. Clarke questioned how much Mr. Hutchison was paid.

    Supervisor Clark did not have that figure available but stated that the Town of Hamburg billed the Town of West Seneca for a prorated workweek with virtually no expenses.


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    ISSUES OF THE PUBLIC

    STATUS OF TOWN ASSESSOR’S OFFICE    (continued)

    Town Attorney Timothy Greenan stated that the last bill he recalled was $800 to $900 for the last 1½ months.

    Mr. Clarke questioned if the Town Assessor’s office was totally independent of town government.

    Mr. Greenan responded that the Town Board had the option of appointing a Sole Assessor to a six-year term, having three elected Assessors, or contracting with other municipalities to share assessment services. The Town Board was currently considering their options and consulting with the New York State Office of Real Property Services. The goal was to have an Assessor that was independent from the Town Board and have fair and equal assessments.

    Mr. Clarke questioned who was currently representing the Assessor’s Office.

    Mr. Greenan advised that the town had a Real Property Appraiser, Ed Toy. The primary statutory duty of the Town Assessor was to file the assessment role that occurred on June 1st. This was his determination of the assessed value of every property in town. The only time that changed was on June 1st of each year. The Town Assessor also granted or rejected applications for exemptions, such as senior citizens, veterans, business, etc. The town needed to have an Assessor in place by the time the June 1st assessment role is filed. The Town Board had no authority to certify the assessment role or grant exemptions.

    RESIDENT COMMENTS ON APPOINTMENTS TO BLDGS. & GROUNDS DEPT.

    Dale Clarke, 379 Indian Church Road, referred to recent appointments to the Buildings & Grounds Department and understood that Supervisor Clark had recommended two out of three of the individuals appointed. Mr. Clarke thought that Supervisor Clark should represent all the people of West Seneca and not just his family and personal friends.

    STATUS OF USE OF COMMONWEALTH EDISON AS ELECTRICAL INSPECTOR

    Frank Boncore, 205 Heather Hill Drive, questioned the status of his suggestion to use Commonwealth Edison for electrical inspections within the town and had a representative in attendance with him at the meeting.

    Town Attorney Timothy Greenan stated that he had asked Code Enforcement Officer William Czuprynski for his input as to whether he thought it was appropriate to add Commonwealth Edison as an electrical inspector and he was going to check some references and with other towns that had more than one electrical inspector. If the town decided to add Commonwealth Edison, the Town Code would have to be amended. At this time, they were awaiting Mr. Czuprynski’s recommendation.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    APPOINTMENT OF DANIEL SADOWSKI AS LABORER IN SANITATION DEPARTMENT

    Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Daniel J. Sadowski as Laborer in the Sanitation Department at a rate of $15.24 per hour effective March 1, 2006 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

    SEASONAL STATUS FOR PART-TIME PUBLIC SAFETY DISPATCHERS

    Motion by Councilman Hicks, seconded by Supervisor Clark, to change the status of part-time Public Safety Dispatchers Michael Rybak and David Koehler to part-time seasonal effective March 1 – 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    AMENDMENT TO TERMINATION DATE FOR OFFICER TIMOTHY COMERFORD

    Motion by Councilman Hicks, seconded by Supervisor Clark, to change the termination date of Police Officer Timothy Comerford from March 2, 2006 to March 23, 2006 and grant Officer Comerford a personal leave of absence without pay effective March 3 – 23, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this change is to coincide with Officer Comerford’s retirement.

    Ayes: All Noes: None Motion Carried

    PURCHASE OF DIGITAL COMMUNICATIONS CONSOLE & RELATED EXPENSES

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of a three (3) position Orbacom TDM-150 digital communications console from IPC Command Systems Inc., 100 Briggs Road, Suite 120, Mt. Laurel, NJ 08054 at the NYS contract price of $94,639.23 including systemwide spares; and further, authorize labor expenses in the amount of $9046.88, training in the amount of $500 and data modems in the amount of $400 to be provided by FM Communications Inc., 1914 Colvin Blvd., Tonawanda, New York, noting that the total cost for this purchase is $104,586.11 and $100,000 of the cost will be covered by member item grant funding from Senator Stachowski in 2003, 2004 and 2005.

    On the question, Supervisor Clark thanked Senator Stachowski for his continued interest in the area of public safety and for getting the town the needed funds to keep its equipment upgraded.

    Ayes: All Noes: None Motion Carried

    SIX-MONTH MORATORIUM ON BILLBOARDS

    Motion by Councilman Osmanski, seconded by Councilman Bove, to issue a six-month moratorium on placement of billboards in the Town of West Seneca effective February 28, 2006.

    On the question, Councilman Osmanski stated that he hoped to incorporate some revisions to the billboard and sign ordinance as part of the Comprehensive Plan and asked that the Town Attorney’s Office review the existing ordinance and make recommendations for changes.

    Ayes: All Noes: None Motion Carried

    OPPOSITION TO I-190 TOLL AT SOUTH OGDEN BARRIER

    Councilman Bove stated that she frequently traveled the Buffalo and Rochester areas and there were no tolls on the I-490 and I-390 in Rochester. Councilman Bove commented that residents of West Seneca were paying an unfair tax to travel to downtown Buffalo on the I-190 and she thought the toll should be abolished.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2006-03
    West Seneca, NY 14224 February 27, 2006
    Page twelve . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    OPPOSITION TO I-190 TOLL AT SOUTH OGDEN BARRIER    (continued)

    Motion by Councilman Bove, seconded by Supervisor Clark, that the West Seneca Town Board opposes the New York State Thruway Authority toll for I-190 at the South Ogden toll barrier and requests that this unfair tax be abolished.

    On the question, Councilman Bove noted that there was a public hearing concerning the tolls on Thursday, March 2, 2006 at 10:00 A.M. at the Erie County Library, and she questioned if Town Attorney Timothy Greenan or Deputy Town Attorney Paul Notaro would be able to attend to express the West Seneca Town Board’s views.

    Supervisor Clark suggested that David Lawrence, Executive Director of the West Seneca Development Corporation attend the public hearing on behalf of the town and present the resolution.

    Ayes: All Noes: None Motion Carried

    PURCHASE OF PICKUP TRUCKS FOR BLDGS. & GROUNDS AND HIGHWAY DEPT.

    Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize the purchase of five (5) 4-wheel drive pickup trucks with plows and one (1) 2-wheel drive pickup truck off the current New York State contract for a total of $129,683.04 for the Buildings & Grounds Department and Highway Department.

    Ayes: All Noes: None Motion Carried

    STATUS CHANGE FOR CLAIRE KINGSBURY TO PART-TIME

    Motion by Supervisor Clark, seconded by Councilman Graber, to change the status of part-time seasonal clerk Claire Kingsbury to part-time effective February 28, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    SEASONAL STATUS FOR PART-TIME LAW CLERK JOHN FENZ

    Motion by Supervisor Clark, seconded by Councilman Hicks, to amend the motion of February 13, 2006 changing the status of part-time Law Clerk John Fenz to part-time seasonal effective May 16, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:45 P.M.

    Ayes: All Noes: None Motion Carried



    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK