West Seneca Town Board Minutes 05/22/2006

8-B    LEGAL NOTICES

1.   Motion by Councilman Osmanski, seconded by Supervisor Clark, 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 3242 SENECA STREET, BEING PART OF LOT NOS. 123, 124 AND 133, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR TWO 8-UNIT APARTMENT BUILDINGS” in the Town of West Seneca, be received and filed.      (Erminio Liberatore & Maria Hanley)

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

Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its April 19, 2006 meeting, the Planning Board recommended approval of the request for a special permit for property located at 3242 Seneca Street, being part of Lot Nos. 123, 124 & 133, changing its classification from C-2 to C-2(S), for two 8-unit apartment buildings, noting that a variance may be required if the proper setbacks cannot be met.”

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioners and provided the board members with various exhibits, including an aerial photograph of the location and a tax map. He noted that the tax map indicated the existing 24-units in Royal York were located on 1.6 acres of land and the proposed 16 units would also be located on 1.6 acres. Mr. Lorigo also submitted a survey and a site plan showing the two 8-unit buildings that were proposed for this location that would face Royal York. He noted that the apartments were allowed in an R-50 zoning with a special permit. This property was currently zoned C-2 which included uses permitted in the higher zoning classifications and a number of other less desirable uses without obtaining approval from the Town Board. Therefore, the apartments were permitted, but a special permit was still required, and that would allow the Town Board to place certain conditions that they felt necessary. Mr. Lorigo further presented front elevations of the proposed buildings and stated that they would be similar to the three newer buildings at Royal York. The issue of density was brought up at the Planning Board and the proposed site contained 65,340 square feet. This was 80 percent of the required 83,000 square feet. Mr. Lorigo noted that they had discussed at the Planning Board the fact that most of the occupants of the apartments would be “empty nesters.” They were also satisfied with the

8-B    LEGAL NOTICES

1.    (continued)

green space compared to the building area. Mr. Lorigo stated that the units would rent for $800 per month and they would be well maintained. The Liberatore family maintained 250 units in West Seneca for approximately 40 years, they were a family business, and were good corporate citizens. Some of their tenants at Royal York lived there since the apartments were first built in the 1960’s. Mr. Lorigo further stated that there was a discussion at the Planning Board meeting concerning the side yard setback and whether it had to be 25 or 30 feet. After discussing this with the Building & Plumbing Department, he understood that 25 feet was the required setback, but the town could extend that if they felt it was necessary and the buildings could be moved to accommodate a larger setback.

Councilman Graber referred to drawing S-1 and noted that it indicated the site was 1.95 acres.

Mr. Lorigo stated that the property included land across Seneca Street and the 1.95 acres included the right-of-way, but the actual size of the property was 1.6 acres. The buildings were .28 acres and the paved area was .35, so more than 65 percent of the land would be green space.

Gary Martin, 16 Willow Drive, stated that his property abutted the proposed project, which was located in a flood plain, and the 1.6 acres included the Ebenezer Brook. It also included the property on the opposite side of Seneca Street that was only ten feet wide from the street to the edge of the creek. Mr. Martin commented on the difficulty exiting this property with the school bus garage in close proximity. He referred to numerous accidents in this area of Seneca Street, some of them being fatal. Mr. Martin stated that he lived in his home since 1968 and saw many times that the creek overflowed and flooded the house on this property. He did not believe it was a good place to build and did not want to have to look at the back of an apartment building and the dumpsters and garbage.

Dale Clarke, 379 Indian Church Road, stated that this area of Seneca Street was shut down on numerous occasions because of flooding and this would be a problem for the people living in the apartments.

Councilman Graber referred to the ditch on the property and stated that although Mr. Liberatore stated at the Planning Board that he would maintain the ditch if the special permit were approved, he did not maintained it in the past and it was located near the Royal York Apartments.

Mr. Lorigo responded that the Royal York Apartments were very well maintained, but the ditch was not Mr. Liberatore’s property. With the purchase of this property, Mr. Liberatore would be maintaining the ditch and clearing out some of the dead trees. The units will be renting for $800 per month, so the property will have to be maintained.

Mr. Martin disagreed and stated that Royal York Apartments owned a portion of the ditch and there were tires and other debris in it.

Councilman Graber questioned the capital costs of this project.

Mr. Lorigo responded that the project will cost well over one million dollars and will have a very minor draw on the school system.

Councilman Bove asked Town Engineer George Montz if he could see there being any problem with drainage.

Mr. Montz responded that there was a large section of flood plain on the property, so they would be required to have a flood plain development permit prior to a building permit being issued.

8-B    LEGAL NOTICES

1.    (continued)

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 3242 Seneca Street, being part of Lot Nos. 123, 124 and 133, changing its classification from C-2 to C-2(S), for two 8-unit apartment buildings, noting that a variance may be required if the proper setbacks cannot be met and with the stipulation that the ditch be cleaned during construction of the apartments and thereafter maintained in conformity with the ordinance.

On the question, Councilman Osmanski stated that the petitioners had a right to develop this property and apartments were a proper use. Seneca Street was a county road and there were safety concerns, but those concerns would also be there, and might even be worse, if a commercial business located there. Councilman Osmanski understood that the residents to the rear would not want to look at the back of the apartments, but he thought it would be better than looking at the back of a commercial building. He thought that Royal York Apartments were well maintained and the proposed apartments also would be. They could have had less density, but 16 units worked and should fit within the setbacks. Councilman Osmanski thought the project would look nice and be a nice addition to the town.

Supervisor Clark agreed and stated that the C-2 zoning allowed for a number of less desirable uses and they could have a much higher traffic volume. He also commented on the relatively high yield of property taxes on the project and the low usage of town services.

Councilman Bove stated that she lived at Royal York Apartments in the 1970’s and they were very well maintained. The people that lived there were also very happy with them.

Councilman Graber stated that Mr. Liberatore committed to cleaning up the ditch, and he requested that Code Enforcement Officer William Czuprynski and his department ensure that this is done. He agreed that this was good revenue for the town with very little impact on town services and thought the traffic generated by the project would be negligible.

*APPENDICES*

2.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 3804 & 3806 SENECA STREET, BEING PART OF LOT NOS. 143 & 146, CHANGING ITS CLASSIFICATION FROM R-65 TO C-1(S), FOR A NAIL SALON” in the Town of West Seneca, be received and filed.     (Andrea M. Loretto)

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

Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its April 19, 2006 meeting, the Planning Board recommended approval of the request for a rezoning and special permit for property located at 3804 & 3806 Seneca Street, being part of Lot Nos. 143 & 146, changing its classification from R-65 to C-2(S), for a nail salon, noting that the rezoning will only apply to the first 300 feet from the north side of the Seneca Street right-of-way and is conditioned upon there being no more chairs utilized and a permit not granted for more seats than permitted by the ordinance.”

8-B    LEGAL NOTICES

2.    (continued)

Andrea Loretto, 3804 Seneca Street, stated that she and her mother owned a nail salon in West Seneca since 1994, but they had always rented. Their current location was at 4184 Seneca Street near Mill Road. Ms. Loretto came across the property at 3804 & 3806 Seneca Street where she could live next door to the business.

Councilman Osmanski commented on the wording of the Planning Board’s recommendation and stated that they were normally more specific with a special permit.

Deputy Town Attorney Paul Notaro stated that the original plan did not match the required parking with the number of chairs in the salon. The plan was revised to show three seats and parking accordingly. Because this was a larger parcel of property, the Planning Board worded their motion so that additional chairs and parking could be added without having to return to the Planning Board and Town Board.

Councilman Osmanski understood but stated that a special permit was always for a particular use as stated so that all concerns were addressed. He would rather be approving six chairs at this time.

Mr. Notaro responded that the zoning change was needed for the property to be used as a nail salon. The special permit was added at the Planning Board meeting only to limit the use of the property to a nail salon or hair salon.

No comments were received from the public.

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

Motion by Supervisor Clark, seconded by Councilman Bove, to approve the request for a rezoning and special permit for property located at 3804 & 3806 Seneca Street, being part of Lot Nos. 143 & 146, changing its classification from R-65 to C-1(S), for a nail salon, noting that the rezoning will only apply to the first 300 feet from the north side of the Seneca Street right-of-way and is conditioned upon there being no more chairs utilized and a permit not granted for more seats than permitted by the ordinance.

*APPENDICES*

3.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 3714 SENECA STREET, BEING PART OF LOT NO. 150, CHANGING ITS CLASSIFICATION FROM R-65 TO C-2, AND A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 3720 SENECA STREET, BEING PART OF LOT NO. 150, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR A RESTAURANT SERVING ALCOHOLIC BEVERAGES” in the Town of West Seneca, be received and filed. (Daryl Martin, Architect)

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

8-B   LEGAL NOTICES

3.    (continued)

Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its April 19, 2006 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 3720 Seneca Street, changing its classification from C-1 to C-2(S), for a restaurant serving alcoholic beverages, noting that this will bring a nonconforming use into compliance with the Zoning Ordinance; and further, recommended approval of a rezoning for property located at 3714 Seneca Street, being part of Lot No. 150, changing its classification from R-65 to C-2 with the C-2 zoning only applying to a depth of 300 feet from the north side of Seneca Street, noting that both of the rezonings are conditioned upon the following: 1) final parking plan conforming with the number of seats in the restaurant; 2) a tree survey to be submitted to the Town Board prior to the public hearing and any healthy trees removed shall be replaced with a like amount of 2½ inch caliper shade trees on site.”

Daryl Martin, Architect, 3625 Eggert Road, Orchard Park, stated that he represented the owners of Pasquale’s Pizza and they would like to open a location at 3720 Seneca Street, formerly the Leghorn Restaurant. This would be a sit down restaurant like their locations in East Aurora and Derby. They had not decided on the number of seats, 120 to 140 people, and they also had not decided if there would be a bar like the Derby location. They would at least like to serve beer and wine. Mr. Martin stated that the owners liked this location because they thought it would be safe with the signal at Hilldale Avenue and Seneca Street and the left turning lane. The only problem was that extra property was needed to accommodate the additional space they required, so they approached the owner of 3714 Seneca to purchase it for a parking lot. The current plan called for 74 parking spaces which would accommodate 185 seats. They did not plan to have that many seats, but still needed room for employee parking and take-out parking. Mr. Martin stated that a tree survey was provided and most of the trees to be removed were in the R-65 zoning and would be replaced.

Kelly Cosgrove, 16 Briarwood Drive, stated that she owns property on Main Street near the proposed restaurant and was in favor of the project.

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

Motion by Supervisor Clark, seconded by Councilman Graber, to approve the request for a rezoning for property located at 3714 Seneca Street, being part of Lot No. 150, changing its classification from R-65 to C-2, and a rezoning and special permit for property located at 3720 Seneca Street, being part of Lot No. 150, changing its classification from C-1 to C-2(S), for a restaurant serving alcoholic beverages, noting that both of the rezonings are conditioned upon the following: 1) a final parking plan conforming with the number of seats in the restaurant; 2) any healthy trees removed shall be replaced with a like amount of 2½ inch caliper shade trees on site.

*APPENDICES*

4.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER ADOPTION OF A SEX OFFENDER BUFFER ZONE LAW BARRING REGISTERED SEX OFFENDERS FROM LIVING TOO CLOSE TO SCHOOLS, PARKS, PLAYGROUNDS, ATHLETIC CENTERS, DAYCARE CENTERS OR ANY PLACE WHERE CHILDREN CONGREGATE” in the Town of West Seneca, be received and filed.

8-B    LEGAL NOTICES

4.    (continued)

Motion by Supervisor Clark, seconded by Councilman Bove, to open the public hearing.

Councilman Bove stated that the Town of West Seneca believes that one of the highest priorities of government is protection of the health and safety of its citizens, and this was especially true for children and other vulnerable members of the community. She referred to the surveillance video aired in spring of 2005 showing Jessica Lunsford being lead away in Florida by the man who would later sexually assault and murder her. Every parent who watched that video felt angered and helpless. Councilman Bove stated that convicted sex offenders posed a significant continuing risk to society. As required by Article 6-c of the Correction’s Law of the State of New York, known as Megan’s Law, Level II and III convicted sex offenders must register within 10 days of their release. Level II offenders were considered moderate risk of committing another sex crime; Level III offenders were a high risk. There were times when a sex offender failed to register or failed to update information when they moved from one location to another. Councilman Bove asked Chief Gehen to describe the process for registering sex offenders.

Chief Gehen responded that upon sentencing an individual for a sex crime, they were designated as Level I, II or III depending on the circumstances. They then had to register with the Department of Criminal Justice Services (DCJS), who would then notify the local Police Department as to the residence of the offender and his designated level. Based on the level, the Police Department had the option of notifying vulnerable entities, like schools, daycare centers, boy scouts & girl scouts, etc. For Level I offenders they could not release any information, for Level II offenders they could release limited information, and it was pretty much an open book for release of information on Level III offenders. Chief Gehen stated that if an offender did not have a change of address properly registered with the DCJS, the DCJS would notify the Police Department that the offender failed to register, and a detective was then assigned to try to locate him. If the offender was located, appropriate charges were placed against him.

Councilman Bove further stated that recently the Town Board gave the ability to view photographs and information on Level II and III sex offenders on the town’s website. They could not prevent all sex crimes from taking place, but they could as a community decide to place restrictions on Level II and III sex offenders as to residency requirements. For example, they could prohibit sex offenders from living within a certain number of feet of a school, park, day care center, or any place where children congregate. They could also ask that residents be aware of those that loiter or frequent areas where children may be at risk, and contact the West Seneca Police Department.

Supervisor Clark introduced Councilman Jim Rogowski from the Town of Cheektowaga and commended him for his leadership in getting support for the proposed law in other communities.

Cheektowaga Councilman Jim Rogowski, Cheektowaga, supported the West Seneca Town Board in their efforts to protect children and stated, “if they cannot protect the future, they do not have a future.” He had spoken with Assemblyman Paul Tokasz, who would be sponsoring legislation that will change Level III sex offenders from a misdemeanor to a felony for first time offenders, and even higher for sex offenders with more than one offense. Councilman Rogowski also presented information obtained through the F.B.I. that will offer protection for children and parents so they will have an understanding on how to protect themselves. He asked that the board members share this information with community leaders, schools, and taxpayer groups to educate them so they can protect their children. Councilman Rogowski offered his assistance to the board members in the future if they should need any other help on this issue.

8-B    LEGAL NOTICES

4.    (continued)

Amherst Councilman Shelly Schratz stated that last year she sent a resolution to the West Seneca Town Board to assist in strengthening the laws in Albany, and she thanked the board members for supporting and adopting the resolution. She commented on how quickly the State of Florida addressed the issue when Jessica Lunsford was murdered, and at that time she contacted leaders in New York State to take action. Councilman Schratz stated that the NYS Senate voted on this issue, but she was not happy with the NYS Assembly who still had not done their job. She applauded the towns for taking the initiative on this issue and commented that this should be a state and federal law. Councilman Schratz visited Albany four times on this issue. With a lot of help from others, she obtained 6000 signatures in three months and presented them to the state leaders, but it fell on deaf ears. They were more concerned and worried about what downstate New York was doing. Councilman Schratz stated that Amherst was the first municipality in Western New York to strengthen the laws, and shortly after the local law was adopted, Assemblyman Felix Ortiz contacted her and wanted to work with her throughout New York State to get other local laws adopted. A number of municipalities throughout New York State adopted local laws, but they all agreed that this should be done at the state level. Councilman Schratz hoped that all the leaders in Western New York could unite and take their message to Albany.

Cheektowaga Councilman Alice Magierski also spoke in support of passage of the local law. She commented that this will help to put a barrier between sex offenders and children, create awareness in the community, and send a message to higher levels of government that they need to act on this issue. Councilman Magierski stated that recently in Cheektowaga there were two instances involving sex offenders. In one incident, a sex offender moved within 1500 feet of a playground and within 30 days the Cheektowaga police had him move out of the area. In another incident, a sex offender that had not re-registered raped a 13-year old girl. This showed that while local laws are good, they are not enough. Electronic monitoring is a necessity and could have prevented this from happening. Councilman Magierski looked forward to leaders uniting together in this worthwhile effort.

Councilman Graber stated that the proposed law was so obvious and he found it amazing that the NYS Assembly refused to do the will of the people. He commented on the number of pedophiles and sex offenders out there and thought it was long overdue for the state politicians to start listening to the people and do their job.

Deputy Town Attorney Paul Notaro stated that a number of local and national similar statutes were used to model the town’s statute. The statute included a residency restriction, stating that anyone convicted under Megan’s Law, Article 6-c of the Corrections Law, was prohibited from living within 1500 feet on a permanent or temporary basis from any school, child care facility, community center, public park, or open space where children congregate for sponsored or programmed activities. In addition, there was a restriction that a registered sex offender or violator of the statute will not be able to loiter within 1500 feet of any one of those places. Copies of the local law were available for the public.

Councilman Osmanski questioned why 1500 feet was chosen as the distance.

Mr. Notaro responded that when he reviewed the various statutes, the distance ranged from 1000 feet to 2500 feet. He used 1500 feet because it was a significant distance away, but not so restrictive that they could be charged with prohibiting anyone from living in town. Mr. Notaro wanted to ensure that the law would withstand a constitutional test if it were to come up. An exception to the law would be if there was a state or federally run facility within the town where a sex offender was housed, they would not have the ability to enforce the statute. Another exception would be if someone opened a day care center within 1500 feet of a sex offender that was already residing there, they would not look to enforce the statute. In the event that there was a violation of the local law, the Police Department was the primary force that would be enforcing the statute. There would be a notice to move if they were

8-B   LEGAL NOTICES

4.    (continued)

within the 1500 feet and a 90-day period to move outside the area from the time the notice was served by the Police Department. The offense will carry a penalty of a $250 fine and/or a 15-day jail sentence. The effective date of the local law will be upon filing with the Secretary of State after approval by the Town Board.

Chief Gehen stated that there were two Level III sex offenders living in town and one was within the 1500 feet limit.

Mr. Notaro stated that he could add this as an exception to the ordinance so there would be no problem with an existing residence.

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

Motion by Councilman Bove, unanimous second, to adopt the proposed Local Law barring registered sex offenders from living within 1500 feet of schools, parks, playgrounds, athletic centers, day care centers, or any place where children congregate, with an exception added that someone who already owns a home and has residence within the 1500 feet will be grandfathered in, but if they change their residence they will have to comply with the law.

*APPENDICES*

5.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A PETITION FOR CREATION OF A LIGHTING DISTRICT IN ROLLING RIDGE SUBDIVISION, TO BE KNOWN AS ELECTRIC LIGHTING DISTRICT NO. 61” in the Town of West Seneca, be received and filed.

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

Town Engineer George Montz stated that in the 1970’s the town adopted an ordinance requiring new subdivisions to automatically include electric street lighting. A public hearing was necessary to create the special lighting district for Rolling Ridge Subdivision.

No comments were received from the public.

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

Motion by Supervisor Clark, seconded by Councilman Graber, to create a lighting district in Rolling Ridge Subdivision to be known as Electric Lighting District No. 61.

*APPENDICES*

8-C   COMMUNICATIONS

1.   Supervisor Clark re Support for NYS Senate Bill S7473

Motion by Supervisor Clark, seconded by Councilman Graber, to adopt the attached resolution in support of New York State Senate Bill S7473 to amend Section 225 of the Public Health Law, adding a new Section 5-b, requiring that additional pool staff, meeting at least supervision Level III must be provided when instructional activities occur, and noting that there will be no fiscal impact to the Town of West Seneca as the Recreation Department currently implements these stricter standards.

On the question, Supervisor Clark stated that this legislation was championed by Charlie Markel and his family, who suffered a tragic loss some time ago because of an unfortunate incident. He commented on the need to try to ensure public safety when practical and reasonable and thought that having two people on duty at public pools was important.

Councilman Bove commented that this was another resolution being adopted by the Town Board that would help protect children.

Councilman Graber stated that he works with electricity and they have safety manuals. Every one of the paragraphs, suggestions, or laws were the result of someone losing body parts or their life. Niagara Mohawk always had the attitude that they could not prevent what happened but they could have an impact on what happened in the future. Councilman Graber hoped that this law would pass and have a positive impact on all the children in New York State.

*APPENDICES*

2.   Supervisor Clark re Rate increase for Community Dev. Loan Officer Nancy Dollard

Motion by Supervisor Clark, seconded by Councilman Graber, to approve a retroactive hourly rate change to $16 per hour for Nancy Dollard, 24 Cherokee Drive, in her position as part-time Community Development Loan Officer, effective April 1, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3.   Supervisor Clark re Creation of Senior Account Clerk position

Motion by Councilman Osmanski, seconded by Councilman Bove, to create the position of Senior Account Clerk and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that the Account Clerk/Mini-Computer Operator is an obsolete Erie County Civil Service title and the equivalent title is Senior Account Clerk.

8-C   COMMUNICATIONS

4.   Council Member Bove re Grant application for Buffalo Creek fishing & boating public access park

Motion by Councilman Bove, seconded by Councilman Osmanski, to adopt the attached resolution authorizing Supervisor Paul T. Clark of the Town of West Seneca to file an application to the New York State Office of Parks, Recreation and Historic Preservation, under the Environmental Protection Act of 1993 and Clean Water/Clean Air Bond Act of 1996, 2002 Parks Development grant program, for $280,000 for the construction of a fishing park and boat launch adjacent to the Buffalo Creek off Mineral Springs Road, noting that the Town of West Seneca will match grant funds with $140,000 of in-kind goods and services and other possible considerations.

On the question, Councilman Bove stated that the Town of West Seneca applied for this grant last year but did not receive it. They would continue to try for the grant because this was a wonderful resource in the town and there was no other park in West Seneca or neighboring towns with such unique characteristics.

*APPENDICES*

Motion by Councilman Bove, seconded by Councilman Osmanski, to declare May 31, 2006 as West Seneca Senior Health and Fitness Day.

On the question, Councilman Bove stated that May 31st was the grand opening for the senior fitness center located at 4620 Seneca Street. She encouraged all seniors to visit the center and try out the equipment.

Supervisor Clark thanked Councilman Bove and Town Attorney Timothy Greenan for their work in getting the fitness center up and running.

6.   Town Attorney re WNY Umpires’ Association agreement

Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the Supervisor to execute the 2006 Western New York Umpires’ Association agreement, noting that fees for 2006 will be $36 per umpire, per game and the town will be billed on a monthly basis.

7.   Town Attorney re Bond Counsel agreement

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor to enter into an agreement with Harris Beach PLLC to serve as Bond Counsel for the Town of West Seneca.

8-C   COMMUNICATIONS

8.   Town Attorney re Appointment of Robert Christie as part-time Law Clerk

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Robert Christie, 10 Eastwood Drive, as part-time seasonal Law Clerk effective May 23, 2006 at a rate of $8 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Town Engineer re Appointment of Mark Loga as part-time seasonal laborer in Engineering Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Mark Loga, 26 Tracy Lynn Lane, as part-time seasonal laborer in the Engineering Department, effective May 23 – September 8, 2006 at a rate of $8.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Town Engineer re Appointment of part-time seasonal laborers in Sewer Service Dept.

Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Kyle R. Lepsch, 321 Leydecker Road and David C. Geary, Jr., 65 Columbia Parkway, as part-time seasonal laborers in the Sewer Service Department, effective May 23 – September 8, 2006 at a rate of $6.75 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Town Engineer re Review of Annual Stormwater Report

Councilman Osmanski noted that the 2005 Annual Stormwater report prepared by the Western New York Stormwater Coalition will be available for public review in the Town Clerk’s office May 23 – 26, 2006 from 9:00 A.M. until 5:00 P.M.

12.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $7600 to United Survey, Inc. for sewer work on Bernadette Terrace.

13.   Highway Supt. re Purchase of tractors

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of two (2) zero-turn lawn tractors off the NYS contract, Item #PC62054, from Buffalo Tractor and Implement Co., 3045 Seneca Street, West Seneca, at the purchase price of $10,363 each for a total of $20,726.

8-C    COMMUNICATIONS

14.   Highway Supt. re Attendance at Highway School

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Highway Supt. Patrick Finnegan and Deputy Highway Supt. Edward Kowalewski to attend the 2006 Highway School at Ithaca College, June 5 – 7, 2006 at a cost not to exceed $1000.

15.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of the following vouchers for the Highway Department:

16.   Highway Supt. re Title change for Daryl Krawczyk to Heavy Equipment Operator

Motion by Councilman Osmanski, seconded by Supervisor Clark, terminate Daryl Krawczyk, 870 Mineral Springs Road as Highway MEO and appoint Daryl Krawczyk as Highway HEO, Group 5, Step 5, at a rate of $22.19 effective May 16, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.   Highway Supt. re Title change for David Gump to Laborer

Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate David Gump, 181 Fremont Avenue, as Heavy Equipment Operator and appoint David Gump as Highway Laborer, Group 1, Step 5, at a rate of $21.09 per hour effective April 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18.   Highway Supt. re Military leave of absence for Joseph Steen

Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a military leave of absence for Joseph Steen effective May 13 – 28, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8-C    COMMUNICATIONS

19.   Highway Supt. re Summer help in Highway Dept.

Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint the following as summer help in the Highway Department at a rate of $6.75 per hour effective May 22 – September 4, 2006:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

20.   Highway Supt. re Summer help in Sanitation Dept.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint the following as summer help in the Sanitation Department at a rate of $7 per hour effective May 21 – September 4, 2006:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

21.   Highway Supt. re Status change for Sanitation Alternates to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of the following Sanitation Alternates from part-time to part-time seasonal effective May 1 – October 1, 2006:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8-C    COMMUNICATIONS

22.   Highway Supt. re Status change for laborers in Bldgs. & Grounds Dept. to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time laborers James Brady, 555 Leydecker Road and Christopher Moonan, 46 Treehaven Road to part-time seasonal in the Buildings & Grounds Department effective May 22 – October 20, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

23.   Highway Supt. re Summer help in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following as summer help in the Buildings & Grounds Department at a rate of $6.75 per hour effective May 15 – September 4, 2006:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

24.   Highway Supt. re Perfect attendance bonus for part-time employees at Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Graber, to grant a perfect attendance bonus of $.50 per hour, per hour worked to the following part-time employees that did not miss a day of work at the Ice Rink:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

25.   Chief Gehen re Attendance of Officers Pratt & Morano at Strategic Gang Operations training

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Patrol Officers Timothy Pratt and Ken Morano to attend the Strategic Gang Operations training seminar in Syracuse, New York, June 4 – 6, 2006 at a cost not to exceed $515.

8-C   COMMUNICATIONS

26.   Chief Gehen re Title change for Officer Edward Baker Jr. to Police Lieutenant

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Edward A. Baker, Jr. as Police Officer effective May 22, 2006 and appoint Edward A. Baker, Jr. as Police Lieutenant effective May 23, 2006 at an annual salary of $70,378.49 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

27.   Chief Gehen re Leave of absence for Officer Donald Driscoll

Motion by Councilman Osmanski, seconded by Councilman Graber, to grant a personal leave of absence to Police Officer Donald Driscoll effective May 28, 2006 through May 27, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Officer Driscoll has an out-of-town employment opportunity that he wants to pursue.

28.   Chief Gehen re Status change for Public Safety Dispatchers J. McCullough & J. Kavanaugh

Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Public Safety Dispatchers James McCullough and James Kavanaugh to part-time seasonal effective May 1 – 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

29.   Town Clerk re Attendance at NYALGRO annual school

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Town Clerk Patricia DePasquale to attend the New York Association of Local Government Records Officers annual school in Canandaigua, New York, June 4 – 7, 2006 at a cost not to exceed $600.

30.   Comptroller re Provisional appointment to Senior Account Clerk position

Motion by Supervisor Clark, seconded by Councilman Osmanski, to appoint Sean P. McParlane, 39 Leacliff Lane, as Senior Account Clerk, Provisional, at an annual salary of $33,763.91 effective May 23, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Supervisor Clark stated that Mr. McParlane had a business degree and payroll and administrative experience. He will be required to take a Civil Service Exam for permanent appointment to this position.

8-C    COMMUNICATIONS

31.   Code Enforcement Officer re Electronic message sign at Northwest Savings Bank

Motion by Councilman Osmanski, seconded by Councilman Bove, to grant permission for Flexlume Sign to erect an electronic message sign at Northwest Savings Bank located at 1055 Union Road.

32.   Assessor re Termination of Shirley Buyea as part-time Clerk

Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Shirley Buyea, 168 Charlescrest Court, as part-time Clerk effective January 1, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

33.   Assessor re Termination of Mary Lauren Parisi as part-time Clerk

Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Mary Lauren Parisi, 124 Kelsey Drive, as part-time Clerk effective May 26, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

34.   Recreation Director re Status change for Recreation Attendants to part-time seasonal

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of part-time Recreation Attendants Dawn Both-Kim, 181 Charlescrest Court, and Kathleen Kogut, 2260 Berg Road, to part-time seasonal effective May 22 – June 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

35.   Recreation Director re Appointment of part-time seasonal employees

Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint the individuals on the attached list as part-time seasonal effective June 1 – September 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

*APPENDICES*

36.   Recreation Director re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $1837.50 to Laux Sporting Goods for softballs for the adult leagues.

8-D   REPORTS

ISSUES OF THE PUBLIC

DILAPIDATED HOUSE ON INDIAN CHURCH ROAD

Dale Clarke, 379 Indian Church Road, questioned the status of his suggestion that the town take action against the dilapidated house on Indian Church Road next to the NYS Thruway.

Supervisor Clark responded that the Building & Plumbing Department would be handling the situation and the homeowner who complained about the house was contacted.

SOCCER COMPLEX ISSUES

Joan Russo, Parkside Drive, stated that there were more games than ever being played at the soccer park. For the month of May, 121 games were scheduled but only 33 of them were West Seneca teams. The rest of the games were subject to paying a fee, but the town received no revenue from the games because a fee schedule was not established. Mrs. Russo stated that her husband contacted Mr. Walsh this date and was told that there was still no fee schedule in place.

Supervisor Clark stated that Councilman Hicks had been working with Recreation Director Robert Walsh on this matter and he understood that a fee schedule was proposed. Every game was recorded and they would be billed.

Mrs. Russo commented that the neighborhood had asked for some respite from the constant activity at the soccer park, but they did not get any, yet the Soccer Association got a break because they no longer had to pay rent, maintenance, or utilities.

Councilman Bove stated that she had been discussing with Mr. Walsh and Buildings & Grounds Supt. Steve Amoia the possibility of moving the September and October men’s League to Firemen’s Park to eliminate Sunday games at the soccer park. Mr. Walsh had also informed her that there will probably be relatively few games at the soccer park in August.

SLADE AVENUE TRAFFIC LIGHT

Kenneth Rich, 77 Angelacrest Lane, referred to the traffic signal on Slade Avenue by the Hampton Inn and stated that he often had to stop at the signal when there was no other traffic around. He suggested that the light be changed to flash at non-peak times of the day.

Town Engineer George Montz stated that if the detection system was working properly the system should not operate as Mr. Rich described. He suggested checking the loop detection to see if the signal was working properly.

RESIDENT QUESTIONS SEASONAL STATUS AND PERFECT ATTENDANCE BONUS

Gary Martin, Willow Drive, questioned the reason for changing the Sanitation Alternates to part-time seasonal.

Highway Supt. Patrick Finnegan advised that changing the alternates to part-time seasonal allowed them to work 40 hours per week for five months.

Mr. Martin further questioned the practice of awarding part-time employees for perfect attendance.

Councilman Graber responded that the perfect attendance bonus was his idea and came about in an attempt to solve some scheduling problems at the Ice Rink. If a part-time person did not show up for work at the Ice Rink, the town would have to call a full-time person in and pay them overtime. The perfect attendance bonus actually resulted in a net savings to the town.

ISSUES OF THE PUBLIC

NOISE ISSUES AT CLINTON STREET BAR

Ruck Marino, 4713 Clinton Street, referred to the Zoning Board of Appeals meeting held on April 26, 2006 and the variance request for Nickel Creek Café for outdoor music. The variance request was tabled, but a few days after the meeting there was music on the patio. The acceptable level of background noise for a resident is 45 to 55 decibels at 50 feet, but the music peaked at 90 to 95 decibels at 120 feet. That same night Mr. Marino filmed activity outside the bar for 42 minutes and he intended to present that at the next Zoning Board meeting to show how the bar blends into the neighborhood.

Town Clerk Patricia DePasquale noted that Nickel Creek Café withdrew their variance request for outdoor music this date, so the item would not be heard at the Zoning Board meeting in May.

USE OF COMMONWEALTH FOR ELECTRICAL INSPECTIONS

Frank Boncore, 250 Heather Hill Drive, cited numerous other towns that accepted Commonwealth electrical inspection services, yet the Town of West Seneca only accepted the New York Board of Fire Underwriters. Mr. Boncore had previously suggested Commonwealth to the Town Board and he questioned the status of this.

Town Attorney Timothy Greenan stated that Code Enforcement Officer William Czuprynski was charged with enforcing the NYS Uniform Building and Fire Protection Code, and if they were to add an electrical inspector it would be appropriate that it be on his recommendation. Mr. Czuprynski had not yet responded with a recommendation.

Mr. Czuprynski stated that his office had been very busy and he had not had the time to make a recommendation, but he noted that they did not have any problem with the New York Board of Fire Underwriters.

Councilman Graber thought there should be competition and asked that Mr. Boncore furnish him with information on Commonwealth and the other towns that accepted their service. He would then discuss this with Mr. Czuprynski.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

SUMMER HELP IN BUILDINGS & GROUNDS DEPARTMENT

Motion by Councilman Graber, seconded by Councilman Bove, to appoint Michael Bunn, 127 Charlescrest Court and John Toomey, 57 Rolling Woods Lane as summer help in the Buildings & Grounds Department at a rate of $6.75 per hour effective May 22 – September 4, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PURCHASE REQUIRING TOWN BOARD APPROVAL

Motion by Councilman Graber, seconded by Councilman Bove, to authorize payment of $2335 to Miracle Recreation for replacement of damaged playground equipment at various parks.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

HARWOOD ROAD/TOBEY HILL DRIVE/CHERYL ROAD RECONSTRUCTION PROJECT

Motion by Councilman Osmanski, seconded by Councilman Bove, to approve final change order #3 for Occhino Corporation for a net deduct of $30,340.60 for finalizing contract quantities and accept the Harwood Road/Tobey Hill Drive/Cheryl Road Reconstruction Project, Job No. H-0402, at a final contract amount of $859,361.39, noting that all work is complete and conforms to contract plans and specifications and the town has received the contractor’s affidavit for final payment and required one-year maintenance bond.

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

NYSEG PROPOSAL FOR ROLLING RIDGE SUBDIVISION

Motion by Councilman Osmanski, seconded by Councilman Bove, to approve the NYSEG street lighting proposal for an annual increase of $169.33 for adding seven 70-watt hps luminaries in the Rolling Ridge Subdivision, Electric Lighting District #61.

APPOINTMENT OF DONALD LITTLER AS PART-TIME PUBLIC SAFETY DISPATCHER

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Donald B. Littler, 197 Northwood Avenue, as part-time Public Safety Dispatcher at a rate of $8.95 per hour effective May 23, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

MUNICIPAL OPEN SPACE AND GREENWAY PROTECTION PLAN

Motion by Councilman Osmanski, seconded by Councilman Bove, to reaffirm acceptance of the Town of West Seneca Municipal Open Space and Greenway Protection Plan prepared by the West Seneca Greenway Technical Advisory Committee in January 1999.

APPOINTMENT OF RICHARD RUTKOWSKI TO ENVIRONMENTAL COMMISSION

Motion by Councilman Bove, seconded by Councilman Osmanski, to appoint Richard Rutkowski, 83 Lakeside Drive, to the West Seneca Environmental Commission.

On the question, Councilman Bove noted that Mr. Rutkowski currently worked for the Erie County Department of Environment and Planning, had 27 years of experience in the field of environment, safety and health, and had comprehensive knowledge of federal, state and local regulations. She thought he would be a great asset to the town.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BOND RESOLUTIONS

Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt the attached resolution authorizing the acquisition of one baseball diamond groomer and replacing the floor in the town’s library; estimating that the total cost thereof is $67,548 in serial bonds of the town to finance these various public improvements; appropriating said amounts therefore; and authorizing the issuance of $67,548 in serial bonds of the town to finance said appropriation.

*APPENDICES*

Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt the attached resolution authorizing the acquisition of one pickup truck, one trailer, certain soccer field maintenance equipment along with renovations to the maintenance building, and computer equipment and computer upgrades; estimating that the total cost thereof is $251,537 in serial bonds of the town to finance these various public improvements; appropriating said amount therefore; and authorizing the issuance of $251,537 in serial bonds of the town to finance said appropriation.

*APPENDICES*

Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt the attached resolution authorizing the acquisition of various vehicles for use by the town’s Sanitation, Sewer and Highway Departments and reconstruction and repaving of various roads; estimating that the total cost thereof is $3,384,650 in serial bonds of the town to finance these various public improvements; appropriating said amounts therefore; and authorizing the issuance of $3,384,650 in serial bonds of the town to finance said appropriation.

*APPENDICES*

APPOINTMENT OF EDWARD TOY AS ACTING ASSESSOR

Town Attorney Timothy Greenan stated that he and Supervisor Clark had been working with the New York State Office of Real Property Assessment, the County of Erie, and other municipalities to put together a plan for the future for meeting the town’s assessment needs. Edward Toy was currently the town’s Deputy Assessor and they needed someone with authority in order to file the assessment role for this year. He suggested that the Town Board appoint Mr. Toy as Acting Assessor pursuant to NYS Law to act as Town Assessor until the position is permanently filled or they find an alternative method of service delivery.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to designate Edward Toy as Acting Assessor for the Town of West Seneca until further notice.

PUBLIC HEARINGS SCHEDULED FOR SEWER & WATER DISTRICT IMPROVEMENTS

Motion by Supervisor Clark, seconded by Councilman Osmanski, to schedule three public hearings for the June 19, 2006 meeting at 7:30 P.M. to consider the following issues: 1) improvements to the East Center Road Sanitary Sewer, West Seneca Sewer District #13; 2) watermain replacement on Seneca Creek Road, West Seneca Water District #1; 3) installation of a new waterline along Leydecker Road, West Seneca Water District #3.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

LEASE AGREEMENT FOR PARKING AT AMERICAN LEGION POST #735

Deputy Town Attorney Paul Notaro stated that he had been working with Principal Engineer Assistant Gary Bommer and American Legion Post #735 with regard to expanding the access driveway to the Post and a long-term lease for joint parking to accommodate the Department of Motor Vehicles office located in the Kiwanis Center.

Motion by Supervisor Clark, seconded by Councilman Osmanski, that the Town of West Seneca enter into a long-term lease and joint parking agreement with American Legion Post #735, with the final form to be approved by the Town Attorney’s Office.

On the question, Supervisor Clark thanked Mr. Notaro for his work on this matter and thought that this would help the parking situation at Town Hall.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Bove, to adjourn the meeting at 10:15 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK