West Seneca Town Board Minutes 11/06/2006
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 -
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 Roscoe Henderson, James R. Walker, Frank P. Rich, Vito P. Fuoco, Jeanette Fridmann, Thaddeus Poniatowski, Theresa Ann Malicki, former West Seneca Town Council Member John E. Riley, William H. Graser, Norbert “Butch” Steinwandel Jr., Linda Lee Britt, Nicholas K. Condrell, Ethel H. Pollutro, Maria Parisi, Paul L. Drew, Angeline Cimato, Stephen P. Turkovich, and Gary W. Martin. 13-A MINUTES TO BE APPROVED
13-B HELD OVER PUBLIC HEARING Re: A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 3190 & 3200 TRANSIT ROAD, BEING PART OF LOT NOS. 51, 52 & 69, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR USED MOTOR VEHICLE SALES” in the Town of West Seneca, be received and filed. (Carmina & Wood, P.C.)
Motion by Supervisor Clark, seconded by Councilman Bove, to open the public hearing.
Jonathan Morris of Carmina & Wood Architects represented Transitowne Dodge and presented their proposal for used motor vehicle sales at the former Blossom Hardware site. The building will be demolished and the used cars section of the business will be moved to this location. Supervisor Clark referred to the rear parking lot and noted that the lighting and possible activity level was of some concern to residents of Wetherstone Drive. He questioned if anything needed to be addressed so the neighbors would be protected.
13-B HELD OVER PUBLIC HEARING Mr. Morris responded that the back of the property abutted an existing business, not a residential area. The warehouse at the rear of the property will be used for a detail shop and there may be some minor mechanical repairs done, but no collision work will be done there and nothing will be done outside. The normal business hours will be until 8 or 9 P.M, but the detail shop was only a daytime operation. Supervisor Clark questioned the lighting and possible use of an outdoor paging system. Mr. Morris responded that they would continue the street lighting along Transit Road and add a couple more poles to match those in front of the main building. They had not discussed an outdoor paging system. Councilman Osmanski questioned if there was any settlement with the property between the existing dealership and the proposed used vehicle site. Mr. Morris stated that they did not have control of that piece of property, but discussions were ongoing. Karen Lucachick, 61 Greenmeadow Drive, questioned if there would be landscaping and green space in front of the business. Mr. Morris presented a site plan and stated that there would be green space between the street and the parking area, but they did not intend to plant any bushes along Transit Road. 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 rezoning and special permit for property located at 3190 & 3200 Transit Road, being part of Lot Nos. 51, 52 & 69, changing its classification from C-1 to C-2(S), for used motor vehicle sales. On the question, Supervisor Clark commented that Transit Road was highly commercial and perfectly suited for this type of business. He welcomed the expansion of this business and wished them much success. Councilman Bove commented on the design of the building and thought it would enhance the area.
*APPENDICES* 13-C 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 49 BOYNTON AVENUE, BEING PART OF LOT NO. 4, CHANGING ITS CLASSIFICATION FROM R-50(S) TO R-50(S), TO CHANGE THE REQUIRED ADDITIONAL PARKING FROM PERPENDICULAR TO THE DRIVEWAY TO PARALLEL TO IT” in the Town of West Seneca, be received and filed. (Phillip Hauenstein)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
13-C LEGAL NOTICES 1. (continued) Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its September 20, 2006 meeting, the Planning Board recommended denial of 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(S) to R-50(S), to change the required additional parking from perpendicular to the driveway to parallel to it.” Phillip Hauenstein, 49 Boynton Avenue, stated that the Town Board recently approved perpendicular parking in his driveway, but after discussing this with his neighbors they were not happy with headlights or exhaust fumes facing their bedroom window. Mr. Hauenstein was proposing to change the parking to parallel next to the garage, which would still give him room to plow snow. Code Enforcement Officer William Czuprynski stated that the proposed parking plan was farther away from the street than the previous plan, so it was actually a better plan. Councilman Bove questioned if the two parking spaces would be designated for one of the apartments. Mr. Hauenstein responded that the tenants were instructed as to which parking spaces they were permitted to use. No comments were received from the public. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
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(S) to R-50(S), to change the required additional parking from perpendicular to the driveway to parallel to it at a setback of 50 feet from the street.
*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 & SPECIAL PERMIT FOR PROPERTY LOCATED AT 2305 UNION ROAD, BEING PART OF LOT NO. 294, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR A NIGHT CLUB SERVING ALCOHOLIC BEVERAGES” in the Town of West Seneca, be received and filed. (Jack Schifano)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its September 20, 2006 meeting, the Planning Board recommended denial of the request for a rezoning and special permit for property located at 2305 Union Road, being part of Lot No. 294, changing its classification from C-1 to C-2(S), for a night club serving alcoholic beverages, based upon the business not fitting in with the character of the surrounding neighborhood.” The petitioner was not present at the meeting.
13-C LEGAL NOTICES 2. (continued) George Northem, 16 Greenfield Avenue, stated that he lives directly behind the proposed night club. He commented on the number and type of calls the Cheektowaga Police responded to at T-Birds nightclub in the Garden Village Plaza and was concerned that this nightclub would be the same. Mr. Northem stated that when the teen club was open at this location the noise was a disturbance to the neighborhood and he had contacted the West Seneca Police many times. He did not believe this was an appropriate location for a nightclub, especially with the senior housing in the area. Lawrence Meyers, 36 Greenfield Avenue, agreed with Mr. Northem’s comments and stated that his home is also directly behind the property and his daughter’s bedroom window faces the proposed nightclub. He did not believe this was an appropriate use for the property or that it would benefit the neighborhood or town. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Councilman Osmanski, seconded by Councilman Bove, to deny the request for a rezoning and special permit for property located at 2305 Union Road, being part of Lot No. 294, changing its classification from C-1 to C-2(S), for a night club serving alcoholic beverages, based upon the business not fitting in with the character of the surrounding neighborhood.
3. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE USE OF FEDERAL COMMUNITY DEVELOPMENT FUNDS” in the Town of West Seneca, be received and filed.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Supervisor Clark stated that the Town of West Seneca received block grant funds annually from the federal government and the funds were administered by a special division of Erie County. There was an open competition for community development projects and Supervisor Clark sat on the board that ranked and grouped the various requests from municipalities. The Town of West Seneca received a little over $250,000 and 15 percent of that went toward administration. Portions of the remainder of the funds were used for economic development, low and moderate income housing programs, and community projects. Roadway, curb, and sidewalk projects had been done in the past, but they had to be in areas of town that qualified in the census and included primarily low and moderate income families and housing units. The Town of West Seneca only had a few areas that met the medium income criteria, and over the years the town had focused on and prioritized those areas to receive attention. The maximum per project from community development funds was $90,000, but in the past the town had done much larger projects and taken on bonding. They had also done handicapped curb cuts, handicapped access for public buildings, and improvements to the senior citizens center. Supervisor Clark stated that the Town Board was considering the following projects for use of this year’s funds: 1) $90,000 for Wenro Place, including roadway, curbs, and driveway approaches, with $90,000 in matching funds from the Town of West Seneca; 2) $90,000 for Forrestal Lane, including roadway, curbs, sidewalks, and driveway approaches, with $110,000 in matching funds from the Town of West Seneca; 3) $90,000 for public access to Buffalo Creek, with $470,000 in matching funds from state or federal grant applications.
13-C LEGAL NOTICES 3. (continued) Evelyn Hicks, 276 Seneca Creek Road, questioned if there would be a special district tax assessed to property owners on Wenro Place if this project were to take place. Supervisor Clark responded that there would be no special district tax to Wenro Place property owners. The project would be a general obligation of the town. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Bove, to authorize Supervisor Paul T. Clark to sign, submit and execute a contract with the Erie County Community Development Block Grant (ECCDBG) for the following projects prioritized as follows: 1) $90,000 for Wenro Place, with $90,000 in matching funds from the Town of West Seneca; 2) $90,000 for Forrestal Lane, with $110,000 in matching funds from the Town of West Seneca; 3) $90,000 for public access to Buffalo Creek with $470,000 in matching funds from state or federal grants.
4. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 28 GARDEN AVENUE, BEING PART OF LOT NO. 90, CHANGING ITS CLASSIFICATION FROM R-65 TO C-2, TO REMOVE AN EXISTING HOUSE FOR STACKING AND PARKING PURPOSES FOR A PROPOSED DUNKIN DONUTS” in the Town of West Seneca, received and filed. (Kainos Partners, LLC) 5. Proofs of publication and posting of legal notice: “OF A RESOLUTION CONSENTING TO THE RELOCATION OF COLONY LIQUOR AND WINE DISTRIBUTORS LLC FROM THE TOWN OF WEST SENECA TO AN ECONOMIC DEVELOPMENT ZONE IN LYONS, NEW YORK,” received and filed. 6. Proof of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR RV SALES & SERVICE” in the Town of West Seneca, received and filed. (RV Direct Group, Inc.) 13-D COMMUNICATIONS Supervisor Clark invited Drew Reilly of Wendel Duchscherer Architects & Engineers to make a presentation on the Comprehensive Plan prior to the Town Board voting on Item #1 & #2. Mr. Reilly stated that this has been a three year process for the town that began with reasoning from the Town Board to support adoption of a Comprehensive Plan. They then funded the endeavor and started out on a long process of public meetings to discuss ideas. The Comprehensive Plan consisted of three items – 1) acknowledgement and understanding of where the town is now and where it has been in the past; 2) setting vision (goals and objectives) for the community; 3) recommendations for how to accomplish the Comprehensive Plan. Mr. Reilly noted that Comprehensive Plans from 25 years ago were very rigid documents, but today they were more workable and flexible. A public hearing was held in January 2006 to receive public comments and letters were received from various agencies including the New York State Department of Transportation (NYSDOT), New York State Department of Environmental Conservation (NYSDEC), and the County of Erie. Since the public hearing, simple changes were made to the Plan, many of which were typographical. Anything brought up by the residents were included in the Plan as ideas for the current or future Town Boards to utilize. Ideas from the various agencies were also included. The
13-D COMMUNICATIONS environmental review section was finalized and they tried to do those things that were targeted within the town’s budget. Mr. Reilly understood that there was one minor change the Town Board wanted to make to the Plan at this meeting, and he emphasized that changes could be made as ideas are brought up. He noted that the town doesn’t change when the Comprehensive Plan is adopted, but when rezoning applications are presented they must consider the Plan and ensure that the request is in accordance with the Plan. Councilman Hicks thanked Mr. Reilly, Councilman Osmanski, and the other board members for putting the Comprehensive Plan together. He thought it was an excellent plan that would serve the town well. Supervisor Clark agreed and stated that they had already talked about the next phases of implementation. The Comprehensive Plan would be a continuous working document that they would be using as both a reference and tool for the future of the town. Councilman Bove stated that she was not a member of the Town Board when revisions to the Comprehensive Plan were proposed, but she had attended the meetings as a town resident. She was proud to now be able to vote on the Plan as a council member. 1. Councilman Osmanski re Negative Declaration for Comprehensive Plan Motion by Councilman Osmanski, unanimous second, to adopt the attached resolution issuing a Negative Declaration with regard to the Comprehensive Plan.
*APPENDICES* 2. Councilman Osmanski re Adoption of Comprehensive Plan Motion by Councilman Osmanski, unanimous second, to adopt the attached resolution adopting the Town of West Seneca Comprehensive Plan dated November 2005, revised October 2006, with an amendment striking any general and specific referrals to the Smokes Creek and Smokes Creek corridor being an area for a pathway. On the question, Councilman Osmanski stated that the Town Board had discussed Smokes Creek as a critical flood plain area and the Comprehensive Plan identified it as a critical environmental area. One of the revisions they had talked about was possibly extending some pathways along creek corridors through that area, but after further consideration the Town Board thought that the critical environmental asset of that corridor was better served leaving that area alone. Councilman Osmanski thanked the Comprehensive Plan committee for their time over the last 2 ½ years and the residents for all their comments and input. The Plan was being adopted this date, but the most critical part was what they did next. There was a list of priorities within the Plan and a time frame for adopting them. Site plan review would be the first item and a Code Review Committee would be put together to work on that.
*APPENDICES* 3. Town Attorney re West Seneca Youth Hockey Association agreement Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor to execute the West Seneca Youth Hockey Association (House League) agreement covering the 2006-2007 season, noting that fees will remain the same as last year.
13-D COMMUNICATIONS 4. Town Attorney re Public hearing for Electric Lighting District, Camelot Square, Part II, Phase 2 Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for Monday, November 20, 2006 at 7:30 P.M. to consider a petition for creation of Electric Lighting District #62 in Camelot Square Subdivision, Part II, Phase 2.
5. Town Attorney re Bond resolution for Seneca Creek Road watermain Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt the attached resolution authorizing the issuance of $700,000 in serial bonds of the town to finance the cost of certain improvements to West Seneca Water District No. 1, consisting of acquiring, constructing, and replacing certain watermains along Seneca Creek Road.
*APPENDICES* 6. Town Attorney re Bond resolution for East Center Road pump station Motion by Councilman Osmanski, seconded by Councilman Hicks, to adopt the attached resolution authorizing the issuance of $280,000 in serial bonds of the town to finance the cost of certain improvements to West Seneca Sewer District No. 13, consisting of acquiring, constructing, and replacing a pump station on East Center Road.
7. Town Engineer re Seneca Creek Road Watermain Replacement Project, final acceptance Motion by Councilman Osmanski, seconded by Councilman Bove, to approve change order #1 for Triple R Development of WNY, Inc., 27 Wyndmoor Court, Depew, NY 14043, for a net deduct of $21.86 and accept the Seneca Creek Road Watermain Replacement Project, Job No. S-0202, at a final contract amount of $629,679.33.
8. Town Engineer re East Center Road Sanitary Sewer Project, final acceptance Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve final change order #1 for Sicar, Inc., 1128 Jamison Road, Elma, NY 14059, for a net addition of $8238.23 and accept the East Center Road Sanitary Sewer Project, Job No. E-0504, at a final contract amount of $288,110.23.
13-D COMMUNICATIONS 9. Town Engineer re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Engineering Department: STS Truck Equipment (truck repairs) $1861.63
10. Highway Supt. re Bid award for sewer flusher Motion by Councilman Osmanski, seconded by Councilman Bove, to award the bid for a sewer flusher to STS Truck Equipment & Trailer Sales, 590 Elk Street, Buffalo, NY 14210, at their low bid of $48,000.
11. Highway Supt. re Bid award for blacktop paver Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for a blacktop paver to Monroe Tractor, 5035 Genesee Street, Buffalo, NY 14225 at their bid of $128,688. On the question, Supervisor Clark commented on Monroe Tractor being the only bidder and questioned if the bid request was sufficiently circulated. Highway Supt. Patrick Finnegan responded that he had solicited bids from a number of distributors of this type of equipment, but Monroe Tractor was the only one that responded. Their bid was actually lower than he had estimated.
12. Highway Supt. re Bid award for two sanivans Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for two sanitation packers to Fleet Maintenance Inc., 67 Ransier Drive, West Seneca, at their bid of $149,750 each for a total of $299,500. p> On the question, Highway Supt. Patrick Finnegan stated that this equipment was rebid because the first bid was well over the estimated amount. Fleet Maintenance was the only bidder both times, but their second bid was in line with the budgeted amount.
13-D COMMUNICATIONS 13. Highway Supt. re Military leave of absence for Darryl Seibert Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Darryl Seibert for October 2, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Highway Supt. re Military leave of absence for William Geary Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for William Geary effective October 2 – 5, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Highway Supt. re Appointment of Jason Otto as Sanitation Alternate Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Jason Otto, as Sanitation Alternate effective November 2, 2006 at a rate of $7 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Highway Supt. re Status change for Thomas Ignatowski to part-time seasonal Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of part-time laborer Thomas Ignatowski, to part-time seasonal effective November 1, 2006 through May 1, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Highway Department: ACF Environmental (biobarrier for tree roots) $1800.00
18. Chief Gehen re Attendance of Lt. Cunningham at Managing Juvenile Services seminar Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Lt. John Cunningham to attend the Managing Juvenile Services seminar in Rochester, New York, October 23 – 27, 2006 at a cost not to exceed $400.
13-D COMMUNICATIONS 19. Chief Gehen re Attendance of Lt. Baranowski & Dudziak at Safety Certification course Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Lt. Kevin Baranowski & Lt. David Dudziak to attend the Simunition FX Scenario Instructor & Safety Certification Course in Rochester, New York, November 14 – 17, 2006 at a cost not to exceed $1310.
20. Chief Gehen re Attendance of Officer Pocobello-Burkley at School Resource Officer training Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Officer Jill Pocobello-Burkley to attend the School Resource Officer training course in Syracuse, New York, November 5 – 10, 2006 at a cost not to exceed $755.
21. Chief Gehen re Attendance of Detective Bebak & Officers Morano & Pratt at conference Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Detective Robert Bebak and Officers Ken Morano & Tim Pratt to attend the Western New York Street Gang Information Sharing conference in Rochester, New York, October 31 – November 1, 2006 at a cost not to exceed $245.
22. Chief Gehen re Buckle Up New York grant Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the Buckle Up New York (BUNY) grant with the Governor Traffic Safety Council (GTSC) during the period of October 1, 2006 through September 30, 2007, noting that the Town of West Seneca has been awarded $12000 to enforce safety restraint violations throughout the town at specified time frames during the grant period.
23. Chief Gehen re Bid date for one unmarked police vehicle Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of November 27, 2006 at 10:00 A.M. for receipt of bids on the purchase of one (1) unmarked police vehicle.
24. Chief Gehen re Lease of copiers Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize a 60-month lease for one (1) Lanier – LD120 digital copier and one (1) Lanier – LD 122 digital copier from Duplicating Consultants, Inc., Audubon Industrial Park, 315 Creekside Drive, Amherst, NY 14228, at the NYS Contract price of $305 per month.
Councilman Hicks abstained from voting on this motion because he was employed by Duplicating Consultants.
13-D COMMUNICATIONS 25. Chief Gehen re Status change for Senior Clerk Melissa Hender to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Senior Clerk Melissa A. Hender to part-time seasonal effective October 15, 2006 through March 15, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
26. Chief Gehen re Budgetary transfer request Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer of $4400 from Supplies Account #01.3120.0400 and transfer $400 to Prisoner Meals Account #01.3120.0403 and $4000 to Uniform Allowance Account #01.3120.0407.
27. Chief Gehen re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of the following vouchers for the Police Department: Amchar Wholesale (ammunition) $1631.21
28. Recreation Director re Appointment of part-time employees for fall/winter programs Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Candace Kogurt as part-time Recreation Attendant at a rate of $6.75 per hour and Ryan Cotter, 389 Seneca Street, as part-time Lifeguard at a rate of $6.75 per hour, with both appointments effective September 24, 2006 through May 31, 2007, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
29. Senior Citizens Supervisor re Rate increase for part-time Clerk Typist Jeanette Kropczynski Motion by Councilman Osmanski, seconded by Councilman Bove, to grant an hourly rate increase from Step II, $7.40 per hour, to Step III, $7.90 per hour, to Jeanette Kropczynski effective July 24, 2006 upon completion of 5400 hours of service and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13-D COMMUNICATIONS 30. Youth Director re Status change for Dolores Stefanacci to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of Dolores Stefanacci, to part-time seasonal effective October 30 – December 29, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
31. Youth Director re Signing privileges for Kevin Hayes Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant signing privileges for Kevin Hayes, for payroll and vouchers in the absence of Youth Director Mark Lazzara effective November 1, 2006 and remove signing privileges for Elizabeth Simons effective October 30, 2006.
32. Youth Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $5000 to Custom Canvas Manufacturing Company for two tents.
13-D REPORTS ISSUES OF THE PUBLIC REQUEST FOR FENCE AT HOY FUNERAL HOME Michael Lowe, 98 Southgate Drive, referred to an earlier request he had made to the Town Board for screening between Hoy Funeral Home on Seneca Street and the residential property on Southgate Drive. He had researched town records and did not believe that the funeral home was grandfathered in the town ordinance. Mr. Lowe also questioned the parking lot drainage and asked for an explanation from Town Engineer George Montz. Town Attorney Timothy Greenan stated that he was in receipt of a letter from Mr. Lowe concerning this issue and would discuss it with Code Enforcement Officer William Czuprynski. Mr. Lowe further asked that the Town Board waive the three-minute rule for the upcoming budget meeting to allow the public additional time to ask questions.
ISSUES OF THE PUBLIC GASLIGHT CONVERSION PROJECT Bruce Newman, 67 Heather Hill Drive, referred to the gaslight conversion project in his neighborhood and stated that the electric lights on Pamela Court were on and the gaslights were off but they were still up and there were open trenches. The electric lights were on at the northern end of Heather Hill Drive and the gaslights were removed, but the concrete bases were left and the trenches were open. The electric lights were still not on at the southern end of Heather Hill Drive and Theresa Court, the gas lights were gone, the concrete bases were still there, and the trenches were open. Mr. Newman referred to the gaslight conversion in Rolling Hills subdivision that was started before his neighborhood and stated that the electric lights were up and on, but the gaslights had not been removed and were still lit. He requested that the Town Board meet with the contractor to discuss the progress of this project and also ask their intentions with regard to landscaping. Supervisor Clark directed Town Engineer George Montz to coordinate a meeting so the Town Board could get a summary and find out the time table for completion of the project. Councilman Graber stated that the electric lights on Heather Hill Drive were completed on October 17th, and they had been waiting since then for NYSEG to energize them. The delay was due to the October 13th storm. Mr. Newman further commented that a number of the electric lights on Theresa Drive and Heather Hill Drive were already leaning at an angle and he questioned the quality of the work that was done. Councilman Graber responded that after the September Town Board meeting, he went out and checked the progress of the project. He commented that the quality of the wiring work was the best he had ever seen. Councilman Graber suggested that Mr. Newman contact Mr. Montz with specific locations where the lights were out of alignment. Councilman Hicks referred to a report from Siemens advising that the rough grading will be completed by the end of November, weather permitting, and final grading will be done in the spring. REQUEST FOR UPDATED NOISE ORDINANCE Ruck Marino, 4713 Clinton Street, referred to the noise problems his neighborhood had been experiencing with Nickel Creek Café and stated that they had noticed some improvement. He questioned when the town’s Noise Ordinance was last updated. Councilman Osmanski responded that the Noise Ordinance had probably never been updated. Mr. Marino referred to a May 2004 Town Board meeting when a suggestion was made to update the Noise Ordinance and Councilman Graber responded that they intended to do that. Councilman Graber stated that updating the Noise Ordinance was part of the Comprehensive Plan, but it was a step-by-step process. They planned to have a Noise Ordinance that took the subjectivity out of it and made it an objective evaluation with a piece of equipment like that used in Cheektowaga. Councilman Graber could not give a definite time, but stated that when the town codes were updated the Noise Ordinance would be included. SUGGESTION FOR ADDITIONAL ELECTRICAL INSPECTION FIRM Frank Boncore, 205 Heather Hill Drive, thanked Highway Supt. Patrick Finnegan and his department for a great job in cleaning up after the October 13th storm. He further referred to an earlier suggestion he had made concerning the town using another firm for electrical inspections and hoped that the Town Board would move forward with this.
ISSUES OF THE PUBLIC SUGGESTION FOR ADDITIONAL ELECTRICAL INSPECTION FIRM (continued) Steve Lomison, 222 Langner Road, also asked the Town Board to look into allowing another electrical inspection firm to perform inspections in town. RENTAL OF BURCHFIELD CENTER & SOCCER PARK QUESTIONED Frank Russo, Parkside Drive, questioned Communications Item #32 and the $5000 expenditure to Custom Canvas. Councilman Osmanski responded that the Youth Bureau had purchased a tent to fit over the patio at the Burchfield Center to be used for various fundraisers held there. Mr. Russo stated that he had been at the Burchfield Center on a Saturday and there was a wedding ceremony taking place at the time. He questioned if the Burchfield Center was rented out for weddings and other events. Councilman Osmanski did not believe that they rented out the Burchfield Center for weddings, but stated that people did pay a fee for pictures to be taken there. Mr. Russo questioned if this would be listed on the town budget as revenue and Supervisor Clark advised that it would be. Mr. Russo further questioned if there were any figures available on the rental of the soccer park. Councilman Hicks responded that he had to get together with Recreation Director Robert Walsh to get the final figures and they should be available by the end of the year. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS DEPARTMENTS THANKED ON WORK DURING STORM Councilman Hicks referred to the October 13th storm and thanked the Highway Department, Sanitation Department, Buildings & Grounds Department, Disaster Coordinator Michael Kerl, Asst. Disaster Coordinator John Gullo, the Engineering Department, and the Police Department for their work during and after the storm. Highway Supt. Patrick Finnegan thanked the Town Board for their support during the October storm, which enabled his department to do the cleanup work. RATE INCREASE FOR SENIOR CLERK MELISSA HENDER Motion by Councilman Hicks, seconded by Supervisor Clark, to increase the hourly rate of part-time Senior Clerk Melissa Hender for associated Step 2 and Step 3 increases as follows: Step 2 - $10.00 per hour effective December 3, 2002 Step 3 - $10.50 per hour effective July 10, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF RANDALL LARIVEY AS SANITATION LABORER Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Randall Larivey as a Sanitation Laborer effective November 6, 2006 at a rate of $15.24 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
NOISE ORDINANCE TO BE UPDATED Councilman Graber referred to earlier comments of Mr. Marino regarding noise issues and stated that he would be following through on updating the Noise Ordinance. He apologized to Mr. Marino and committed to updating the Noise Ordinance by next spring. PROGRESS OF GASLIGHT CONVERSION PROJECT Councilman Graber commented that he understood the residents of some of the districts converting to electric lights were not happy, but he thanked them for their patience. The October 13th storm caused some delay with the project, but they would continue moving forward. Councilman Graber stated that he would work with Town Engineer George Montz on the issues that were presented to the Town Board at this meeting and come to a solution. PUBLIC HEARING ON AMENDMENT TO ELECTRICAL INSPECTION ORDINANCE Councilman Graber stated that because of the October 13th storm, the October Town Board meetings were cancelled and the public hearing on the amendment to the Electrical Inspection Ordinance was missed. Motion by Councilman Graber, seconded by Councilman Hicks, to schedule a public hearing for November 20, 2006 at 7:30 P.M. to consider an amendment to the Electrical Inspection Ordinance of the Town of West Seneca.
LEASE AGREEMENT WITH CINGULAR WIRELESS Motion by Councilman Graber, seconded by Councilman Osmanski, to change the ground lease agreement between the Town of West Seneca and the new Cingular Wireless (“AT & T”) and reduce the monthly fee from $1200 to $925 with a guarantee of ten years. On the question, Councilman Graber stated that the original lease allowed Cingular Wireless to give 30 days notice and they could end the lease within six months.
APPOINTMENT OF JAMES BERST AS PART-TIME LABORER Motion by Councilman Graber, seconded by Councilman Hicks, to appoint James Berst, as part-time laborer in the Buildings & Grounds Department at a rate of $6.75 per hour effective November 6, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF DANIEL MCPARLANE AS PART-TIME LABORER Motion by Councilman Graber, seconded by Councilman Hicks, to appoint Daniel McParlane, as part-time laborer in the Buildings & Grounds Department at a rate of $6.75 per hour effective September 26, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PURCHASE REQUIRING TOWN BOARD APPROVAL Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a computer equipment purchase not to exceed $3500.
EXTENSION TO BILLBOARD MORATORIUM Motion by Councilman Osmanski, seconded by Councilman Bove, to extend the billboard moratorium for a period of six months beginning November 6, 2006.
MORATORIUM ON PATIO HOME DEVELOPMENT CONSTRUCTION Motion by Councilman Osmanski, seconded by Councilman Hicks, to place a six month moratorium on the construction of new patio home developments effective November 6, 2006. On the question, Councilman Osmanski stated that the purpose of this moratorium was to allow time to revise the Town Code to include patio homes. This was a viable form of housing that the Town Board wanted to encourage in town, but they wanted to ensure that it fit in properly. Supervisor Clark stated that patio homes were in great demand and many people wanted to alleviate themselves of the burden of home ownership and maintenance. They were also a high net taxable yield for a municipality and were generally occupied by elderly couples, possibly “snowbirds”, or very young couples that did not have children in school. They have private roads and garbage pickup and are low cost to a municipality. Supervisor Clark was concerned that a moratorium would stall development of these types of homes. Councilman Osmanski agreed but stated that there were a number of issues with construction of the Burchfield Patio Homes and Gardenville on the Green and some of them were not addressed properly. Developers liked to have everything they needed to do spelled out so they know what they need to bring in to make their project move forward quickly. Town Attorney Timothy Greenan stated that a draft Cluster Development Ordinance was part of the Comprehensive Plan. As proposed, the ordinance required a minimum of five acres and 40 percent green space, with the exclusion of a number of areas in consideration of the green space. If the ordinance is adopted as proposed, it would require larger tracts of land, but there are no large tracts of land in West Seneca. Mr. Greenan stated that they would have to work through some of these details before adopting the ordinance.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS REQUEST FOR TRAFFIC STUDY AT RESERVE ROAD & ORCHARD PARK ROAD Councilman Bove referred to a recent tragic accident at the intersection of Reserve Road and Orchard Park Road and suggested that a traffic study be completed with possible installation of a traffic signal at that location. Highway Supt. Patrick Finnegan understood that the New York State Department of Transportation had already done a traffic study at that intersection for a traffic control device. He would research this and report back with his findings. EXTENSION OF THREE-MINUTE RULE FOR ANNUAL BUDGET MEETING Motion by Councilman Bove, seconded by Supervisor Clark, to extend the three-minute time limit to five minutes for the annual budget meeting. On the question, Councilman Osmanski did not believe they ever had a time limit for the budget meeting. Supervisor Clark stated that they would be as liberal as possible and would at least allow five minutes per person. The motion was withdrawn. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 10:00 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |