West Seneca Town Board Meeting Minutes 06/25/2007


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2007-08
West Seneca, NY 14224 June 25, 2007

Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.

ROLL CALL:   Present -

Paul T. Clark   Supervisor
Christopher F. Osmanski   Councilman
Vincent J. Graber Jr.   Councilman
Craig J. Hicks   Councilman
Christina Wleklinski Bove   Councilman

Absent -   None

Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

The meeting was dedicated to the memory of Kathleen A. Albee.

8-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2007-7 of June 11, 2007.

    Ayes: All Noes: None Motion Carried

    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 AMENDING THE TOWN’S COMPREHENSIVE PLAN TO REFERENCE THE BUFFALO CREEK PUBLIC ACCESS FISHING AND BOATING PARK ON VISION MAP #2 AND IN THE RECOMMENDATIONS AND IMPLEMENTATION SECTIONS OF THE PLAN” in the Town of West Seneca, be received and filed.

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Councilman Bove stated that this year the town will again be submitting an application for grant money from the New York State Department of Parks, Recreation and Historic Preservation for $280,000 to build a fishing and boating park on Buffalo Creek. The town must have a certain amount of points to qualify when competing for grant money, and additional points are given if there is a direct reference to the park in the town’s Comprehensive Plan. Councilman Bove stated that the Buffalo Creek Public Access Fishing and Boating Park is a project of clear public benefit as it will provide a safe, affordable and year round recreation site on land that is currently gated and not used. It is located adjacent to the Buffalo Creek, off Mineral Springs Road, near the town’s compost area, and it will be a safe and accessible location for sport fishing, have peaceful areas for picnics and relaxation, trails for hiking, and a small boat launch. Councilman Bove noted that in 2005 the New York State Department of Environmental Conservation (NYSDEC) stocked about 90,000 steelhead and walleye in the Buffalo Creek. She commented that this was a perfect example of conservation and promotion of natural resources and a beautiful way to enjoy nature right in our own town.

    David Monolopolus, 97 Lexington Green, thought this was a wonderful idea for the town and for families to enjoy fishing and hiking.

    Gary Oosterhoudt, Chairman of the West Seneca Environmental Commission, urged the Town Board to adopt this amendment to the Comprehensive Plan and stated that people of all ages will be able to use the facility.


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    West Seneca, NY 14224 June 25, 2007
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    8-B    LEGAL NOTICES

    1.    (continued)

    Lester Loucks, member of the West Seneca Environmental Commission, thought this was a very worthwhile project and something the town had lacked in the past.

    Jan Dalbo of Winchester Community Church stated that the church is located on the Buffalo Creek and they have had a lot of difficulty with debris and garbage. They were pleased with this project because it will give the residents a planned place to fish.

    Joyce Mallette, member of the West Seneca Environmental Commission, stated that she served on the committee for the Comprehensive Plan when it was being developed and was unaware of this wonderful place within the town for fishing and boating. She urged the board members to vote in favor of the amendment.

    Don Grasso, 64 Lexington Green, thought this was a great project and hoped that it would be developed.

    Ray Eldermayer, 1325 Indian Church Road, noted that there was already a NYSDEC facility in that area.

    Councilman Bove stated that there was an area that was a canoe launch, but people were not using it because the rocks were ruining the bottom of their canoes. The two sites will be connected by a trail.

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

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Bove, seconded by Councilman Osmanski, to issue a negative declaration with regard to SEQR on the Buffalo Creek Public Access Fishing and Boating Park and adopt an amendment to the town Comprehensive Plan to reference the Buffalo Creek Public Access Fishing and Boating Park on vision map #2 and in the recommendations and implementation sections of the Plan.

    On the question, Town Attorney Timothy Greenan noted that this amendment should be added to Page V-12, Priority 1: First Year Actions – Projects and Activities, #18 Promote creation of the Buffalo Creek Access Park.

    Ayes: All Noes: None Motion Carried

    2.  Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER USE OF THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS” in the Town of West Seneca, be received and filed.

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Chief Gehen stated that the Town of West Seneca was eligible for $11,027 from the 2007 Edward Byrne Memorial Justice Assistance Grant program, and he proposed to utilize these funds to offset some of the overtime costs involved with the Citizens Police Academy, bike patrol, and the Stop, Walk and Talk program. The program runs from October 1, 2007 through September 30, 2011.


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    West Seneca, NY 14224 June 25, 2007
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    8-B LEGAL NOTICES

    2.    (continued)

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to utilize $11,027 in grant funds from the 2007 Edward Byrne Memorial Justice Assistance Grant to offset overtime costs involved with the Citizens Police Academy, bike patrol, and the Stop, Walk and Talk program.

    Ayes: All Noes: None Motion Carried

    3.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1150 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR SIX MINI STORAGE BUILDINGS” in the Town of West Seneca, received and filed.                (Young Development, Inc.)

    8-C   COMMUNICATIONS

    1.   Supervisor Clark re Salary increase for Linda Stefaniak

    Motion by Councilman Osmanski, seconded by Councilman Graber, to increase the salary of Linda Stefaniak, Secretary to the Supervisor, and all department heads and other appointed officials in the Town of West Seneca, by .5% retroactive to January 1, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    2.   Town Engineer re Bid date for 2007 Sanitary Sewer Rehabilitation Project

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of July 16, 2007 at 10:00 A.M. for receipt of bids on the 2007 Sanitary Sewer Rehabilitation Project, Job No. S-0703.

    Ayes: All Noes: None Motion Carried

    3.   Town Engineer re Hydrant addition in Rolling Ridge Subdivision

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve an additional annual hydrant fee of $585.12 to Erie County Water Authority for four additional hydrants installed in the Rolling Ridge Subdivision, Phases 1 & 2.

    Ayes: All Noes: None Motion Carried

    4.   Town Engineer re Elimination of hydrant on Leydecker Road Watermain Loop Project

    Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a deduction of one annual hydrant fee of $146.28 to Erie County Water Authority for eliminating one hydrant in conjunction with the Leydecker Road Watermain Loop Project.

    Ayes: All Noes: None Motion Carried


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    8-C   COMMUNICATIONS

    5.   Town Engineer re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $4775 to NC Contracting for a concrete pad for the generator at Town Hall.

    Ayes: All Noes: None Motion Carried

    6.   Highway Supt. re Appointment of summer help in Highway Department

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following summer help in the Highway Department at a rate of $7.15 per hour effective June 25 – September 7, 2007:

    Kathy Doering
    Adam Hyde
    Nicholas Messina
    Kevin Pollinger
    Michael Shearer

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

    Ayes: All Noes: None Motion Carried

    7.   Highway Supt. re Termination of summer help in Highway & Bldgs. & Grounds Department

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Richard Bonetto and James Graber as summer help in the Highway Department, and terminate Nicholas D’Alessandro and Jim Zimmer as summer help in the Buildings & Grounds Department and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    8.   Highway Supt. re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2250.51 to Buffalo Tractor & Implement Co., Inc. for mower repairs.

    Ayes: All Noes: None Motion Carried

    9.   Chief Gehen re Attendance at NYS Chief’s of Police training conference

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Chief Gehen to attend the 2007 New York State Chief’s of Police training conference July 15 – 18, 2007 at Edgewood Resort, Edgewood Park Road, Alexandria Bay, New York, at a total cost not to exceed $956.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 June 25, 2007
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    8-C    COMMUNICATIONS

    10.   Comptroller re Reinstatement of Linda Kauderer to Acct. Clerk/Mini Computer Operator position

    Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Linda Kauderer as Bookkeeper to the Supervisor and reinstate Linda Kauderer to her previous position as Account Clerk/Mini Computer Operator effective July 1, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    11.   Code Enforcement Officer re Electronic sign at Pasquale’s Restaurant

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize NAS Quick Sign to erect a specialty sign, electronic message board at Pasquale’s Restaurant, 3720 Seneca Street.

    On the question, Town Attorney Timothy Greenan stated that his office had not received information on the size of the proposed sign to determine whether it meets the square footage requirement. He further noted that some municipalities were beginning to regulate the number of lumens, hours of operation, etc. for electronic signs.

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to table this item.

    Ayes: All Noes: None Motion Carried

    A representative from NAS Quick Sign was present at the meeting and reviewed the plans with Mr. Greenan and Code Enforcement Officer William Czuprynski.

    Town Attorney Timothy Greenan advised that this sign approximated the size of the previous sign at this location that was approved by the Zoning Board of Appeals. The Town Board could place restrictions and make the approval subject to future restrictions if there are any problems in the future.

    Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize NAS Quick Sign to erect a specialty sign, one double sided LED display as part of a pylon sign, at Pasquale’s Restaurant, 3720 Seneca Street, subject to operation only during the operating hours of the business and with possible future restrictions including but not limited to lumens and hours of operation.

    Ayes: All Noes: None Motion Carried

    12.   Code Enforcement Officer re Electronic sign at Financial Trust Credit Union

    Supervisor Clark thought that hours of operation should be specified for this sign so it would not intrude on the neighbors.

    A representative from NAS Quick Sign stated that the electronic signs had a built-in timer that could be adjusted to dim during the night hours. The credit union will not be open past 5 or 6 P.M. and would be willing to abide by any rules the Town Board set.

    Town Attorney Timothy Greenan advised that because this sign is 35 square feet and a ground sign they would need a variance from the Zoning Board of Appeals, so that Board would also be able to place restrictions on the sign.

    Motion by Supervisor Clark, seconded by Councilman Bove, to approve an electronic menu board sign for Financial Trust Credit Union, 4257 Seneca Street, with hours of operation no earlier than 7 A.M. and no later than 9 P.M., the evening hours set at a dimming mode, and with possible future restrictions including but not limited to lumens and hours of operation.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 June 25, 2007
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    8-C   COMMUNICATIONS

    13.   Fire Inspector re Removal of unsafe conditions at 18 Thorndale Avenue

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to conduct a hearing for the removal of unsafe conditions at 18 Thorndale Avenue.

    On the question, Councilman Bove stated that she had a number of calls from residents of this neighborhood concerned about the house at 18 Thorndale Avenue that was vacant for 1½ years and was deteriorating. Fire Inspector John Gullo observed that the eaves were rotting and falling off, the foundation walls were falling in on all sides, and the basement had water.

    Ayes: All Noes: None Motion Carried

    Town Attorney Timothy Greenan referred to a letter from Fire Inspector John Gullo dated May 29, 2007 that was sent to the property owner at their last known residence and posted on the property advising them that failure to abate the condition or make repairs within 15 days would result in the Town Board holding a hearing, and as a result of the hearing, the town may choose to make the property safe and secure the structures or order a demolition and assess the cost against the land where the buildings are located. Mr. Greenan further referred to a memo from Mr. Gullo and Town Engineer George Montz stating that they reviewed the property and observed the conditions previously stated by Councilman Bove and as indicated in the photographs submitted.

    Code Enforcement Officer William Czuprynski recommended that the house at 18 Thorndale Avenue be razed because it was not economically feasible to repair it. The foundation was completely collapsing on either side and it would have to be jacked up and the foundation replaced along with other repairs. Any cost incurred would be assessed on the property owner’s taxes.

    Mr. Montz agreed with Mr. Czuprynski’s recommendation.

    Councilman Hicks questioned if the town would need to advertise for bids from contractors if they decided to demolish the house.

    Mr. Greenan responded that it would have to be in compliance with the town’s purchasing policy and he did not know what the cost of demolition was. There were also exceptions based upon emergency situations. He questioned the typical range of costs involved in a demolition.

    Mr. Czuprynski stated that the cost could skyrocket if asbestos is found in the building. He suggested that they have a couple demolition contractors look at the situation and submit a quote. If their quotes are too high, it would have to be bid.

    Councilman Osmanski suggested that they set a bid date at this time to avoid any delay.

    Supervisor Clark thought that under public safety statutes they were able to demolish the structure without advertising for bids, but they would have to obtain proposals for the job.

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Supervisor Clark, seconded by Councilman Hicks, to order emergency demolition of the structure at 18 Thorndale Avenue based on the recommendation of Town Engineer George Montz and Fire Inspector John Gullo and comments made at the public hearing concerning unsafe conditions and a possible threat to public safety.


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    West Seneca, NY 14224 June 25, 2007
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    8-C   COMMUNICATIONS

    13.   Fire Inspector re Removal of unsafe conditions at 18 Thorndale Avenue    (continued)

    On the question, Supervisor Clark stated that the Town Board considered this an emergency public health situation and wanted to proceed responsibly but without delay.

    Ayes: All Noes: None Motion Carried

    14.   Town Justice re Salary increase for Maureen Murphy

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to increase the salary of Maureen A. Murphy, Clerk to Town Justice Richard B. Scott, in accordance with the White Collar Contract salary schedule, Group 3, retroactive to January 1, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    15.   Recreation Supervisor re Status change for part-time Van Drivers J. McCartan & D. Bebak

    Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Van Drivers John McCartan and Donald Bebak to part-time seasonal effective June 25 – November 23, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    16.   Recreation Director re Termination and appointment of summer employees

    Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate the following part-time employees:

    Lifeguard Effective Date
    Timothy Bush       06/18/2007
    Recreation Attendant      
    Laura Eisman 06/01/2007
    Vincent Lepore 06/01/2007
    Sarah Miller 06/18/2007
    Concettamarie Myers 06/18/2007
    Michael Provino 06/18/2007

    and appoint the following as part-time seasonal effective June 25 – September 30, 2007:

    Lifeguard/Instructor @ $8.00/hour
    Courtney Fallon

    Lifeguard @ $7.50/hour
    Timothy Walsh

    Recreation Attendant @ $7.15/hour
    Mathew Kane
    Julie Scanlon

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

    On the question, Councilman Hicks noted that Recreation Director Robert Walsh had informed him that two additional lifeguards were needed for the pool. If anyone knew of any certified lifeguards looking for a job they should contact Mr. Walsh.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 June 25, 2007
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    8-C    COMMUNICATIONS

    17.   Youth Director re Termination of Dolores Stefanacci

    Received and filed.

    18.   Youth Director re Appointment of Sheila O’Brien as summer laborer

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Sheila O’Brien as summer laborer at the West Seneca Youth Bureau at a rate of $7.15 per hour effective July 2, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    19.   Youth Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $3216 to Corps Network for organizational member dues for FY2007.

    Ayes: All Noes: None Motion Carried

    8-D   REPORTS

  • Patricia C. DePasquale, Town Clerk’s report for May 2007 received and filed.

  • Ruth E. Breidenstein, Receiver of Taxes’ report for May 2007 received and filed.

    ISSUES OF THE PUBLIC

    SIDEWALKS ON KNOX AVENUE

    Laura Oertly, 55 Knox Avenue, was very upset about the sidewalk proposal for Knox Avenue. She questioned when the decision was made and why the residents were not notified beforehand. Mrs. Oertly specifically referred to the placement of the sidewalks 11 feet from the curb.

    Councilman Hicks noted that the sidewalks had not yet been approved and stated that a letter was sent to the residents of Knox Avenue polling them as to whether or not they wanted sidewalks.

    Town Engineer George Montz stated that the location of the sidewalks was a town standard.

    Mrs. Oertly questioned why the sidewalk projects on Savona Street and Dorr Street were only four feet from the curb.

    Mr. Montz did not recall where the sidewalks were constructed on those streets and would have to look at those projects to remember why they might have been put at a different offset. They will vary the offset from the curb in situations where there is not a 60-foot wide right-of-way.

    Mrs. Oertly stated that if the sidewalks were placed at 11 feet from the curb they would take up half of her front lawn.

    Supervisor Clark stated that he had received other complaints from residents of Knox Avenue stating that the sidewalks would be too close to the front of their house. There were also other issues with parking in the driveways and blocking the sidewalk.

    Councilman Hicks questioned if the sidewalks could be placed at four feet from the curb instead of 11 feet.


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    ISSUES OF THE PUBLIC

    SIDEWALKS ON KNOX AVENUE    (continued)

    Mr. Montz questioned if placement at four feet from the curb would make a difference to the residents.

    Mrs. Oertly thought it would make a big difference with how the residents felt about the sidewalks. She further questioned why the petition that was submitted was discounted when over 70 percent of the residents signed it. Mrs. Oertly thought the formal survey sent from the town was more intimidating than a single person walking door-to-door.

    Supervisor Clark stated that this was a very expensive project and it significantly affected each of the houses on Knox Avenue, so they wanted to get it right. They did not feel comfortable going solely by a petition.

    Councilman Hicks also stated that some of the residents said there were comments made when the petition was circulated that their taxes were going to increase significantly with the installation of sidewalks.

    Councilman Graber stated that after the petition was submitted the town sent out letters surveying the residents, but some of the residents raised a legitimate argument that the way the town went about canvassing the property owners on Knox Avenue was questionable. There were no self-addressed, stamped envelopes enclosed and they only asked for the “NO” votes. If someone did not respond they were counted as a “YES” vote. Councilman Graber stated that the Town Board had no position on this issue and only wanted to do what the people of Knox Avenue wanted, so a survey was sent out with a self-addressed, stamped envelope asking for “YES” and “NO” votes. The town will only count the postcards they receive and he hoped that 100 percent of the residents would respond.

    Mrs. Oertly further stated that some of her neighbors were told by the Engineering Department that if they vote “NO” for the sidewalks, they will be state or federally mandated in two years and the residents will have to pay for them.

    Mr. Montz stated that this was not true and his department would never have made a statement like that.

    Mrs. Oertly stated that the street lights on Knox Avenue were not lit and had not been on all week since they started taking down the trees. She understood the electric being shut off during the day while the trees were being cut, but did not see why it was off at night.

    Mr. Montz responded that they had to remove the poles temporarily, but they will try to have them reset and re-energized as soon as possible. There will be some inconvenience for a while.

    Mrs. Oertly asked that Mr. Montz contact her when he finds out why the sidewalks on Savona Street and Dorr Street are only four feet from the curb.

    Susan Joyce Stiffler, 151 Knox Avenue, questioned how a simple road improvement snowballed in something so complicated. She was concerned about a letter she had received stating that two council members held a private vote at the home of Ken Van Remmen, a resident of Knox Avenue that was opposed to the sidewalks. Mrs. Stiffler questioned if the vote was entered at the last Town Board meeting and how the vote could be overturned.

    Councilman Hicks stated that the intent of the two council members was to witness the count to ensure that the numbers were correct.

    Mrs. Stiffler thought the count should have been taken at a location with an unbiased opinion.


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    ISSUES OF THE PUBLIC

    SIDEWALKS ON KNOX AVENUE    (continued)

    Councilman Hicks stated that they agreed and that was why the vote was being redone and this would be the final vote.

    Councilman Graber stated that in the future they would have a very clear policy on how projects are handled. Every issue will be in writing so there will be no question or doubt. Councilman Graber thought they had learned a lot from this issue and stated that the vote should have been taken before any sidewalks were designed.

    Mrs. Stiffler commented that the perspective on this issue had been lost and she questioned whether it was about public safety or aesthetics. She thought the main concern should be safety and the streets congested with cars and children were an accident waiting to happen. Mrs. Stiffler further thought the parking inconvenience was a small price to pay for the safety of the children and others in the neighborhood. Since public safety should be the main concern, Mrs. Stiffler suggested that the Town Board insist on the sidewalks being installed on Knox Avenue. She refuted a statement made by Mr. VanRemmen at a previous meeting that all residents of the middle block of Knox Avenue wanted their sidewalks removed and noted that he had never spoken to her or her husband on this issue and they wanted the sidewalk in front of their home. Mrs. Stiffler stated that she had e-mailed Council Members Hicks, Graber and Bove and Councilman Bove was the only one to respond and explain in more detail about the official letter from the Engineering Department. Mrs. Stiffler also noted that she had contacted the Assessor’s Office with some questions on this issue and she was unhappy with the manner in which her phone call was handled.

    Terry Loveland, 286 Knox Avenue, agreed with Mrs. Stiffler’s comments and thought that the reason this issue had become so complicated was because the residents of Knox Avenue were not given sufficient notice of the planned reconstruction in time to react. She thought the major issue was the closeness of the sidewalks to the residents’ houses. Mrs. Loveland had a fence in her front yard for her dogs and the sidewalk will be located within five feet of the fence. She was concerned about letting her dogs out with the sidewalk that close. Mrs. Loveland asked that the compromise suggested by Councilman Hicks to place the sidewalks at four feet from the curb be pursued. She also noted that a gas line ran directly down the middle of the proposed sidewalks and if anything happened to the gas line they would have to tear up the sidewalk.

    Councilman Osmanski stated that they had to start somewhere with placement of a sidewalk and the town had a standard of 11 feet from the curb, but that did not mean they could not be flexible. They did not want to put the sidewalk right next to the street, but they had moved the setback on some streets to avoid taking down large trees. Councilman Osmanski thought the whole problem was logistics.

    Mrs. Loveland agreed but thought that it was because the issue was not brought up early enough for the residents to participate. She suggested that with future projects the Town Board meet with the residents before any plans are finalized.

    Mr. Montz stated that if the sidewalks are moved to five feet off the curb there will be less room to plant trees and more snow on the sidewalk after the plows go by.

    Councilman Osmanski suggested that trees be planted behind the sidewalk rather than between the curb and sidewalk.


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    ISSUES OF THE PUBLIC

    SIDEWALKS ON KNOX AVENUE    (continued)

    Mrs. Loveland stated that she had stopped at the Engineering Department to discuss this issue with Mr. Montz. He had told her that he lives on a street with sidewalks and the residents pretty much ignore the law and park blocking the sidewalk and no one gets in trouble. Mr. Montz also stated that the winter would probably not be an issue because the sidewalks would probably not be plowed. Mrs. Loveland questioned why the town was even doing this if a public official was telling the residents they could block the sidewalk and did not have to shovel it in the winter.

    Supervisor Clark stated that the town would not be plowing the sidewalks, but there was a sidewalk clearing ordinance.

    Mr. Montz responded that he was not telling Mrs. Loveland to ignore the law, but he was being honest in telling her that there were a lot of houses in town that were not built according to the new subdivision standard with all the proper offsets.

    Jack Reimondo, 134 Knox Avenue, was in favor of sidewalks and commented on his elderly and handicapped neighbors that could only walk so far on the existing sidewalks and then had to walk in the street after the sidewalks ended. He also commented that it would be much safer for the children.

    Ken VanRemmen, 24 Knox Avenue, stated that when he circulated the petition he had not told the residents their taxes would go up. He further noted that the Engineering Department had told residents that in two to three years the sidewalks would be mandatory and the residents would have to pay for them.

    Mr. Montz stated that no one from his office would have told anyone that, there was no basis for this statement, and it was not true.

    Brian Wirth, 42 Westminster Road, questioned who will take care of the maintenance on the sidewalks (i.e. cracks, lifting, etc.). He understood that the Highway Department used to take care of sidewalk maintenance but no longer does.

    Highway Supt. Patrick Finnegan responded that his department will repair sidewalks as part of a town project or if it is damaged by a tree or the sewer. Other than that it is considered a property maintenance issue and is the responsibility of the property owner. This has been the policy since 2001.

    Mr. Wirth questioned if a citation is issued to the property owner if their sidewalk is damaged and it is their responsibility to repair it.

    Code Enforcement Officer William Czuprynski responded that his department handles any problems inside the property line. If the problem is outside the property line in the right-of-way, it is under the Highway Supt.’s jurisdiction.

    Councilman Graber suggested that Mr. Czuprynski’s department inform Mr. Finnegan of any damaged sidewalks while they are out on inspections.

    Mike Boguin, 57 Knox Avenue, stated that he has a sidewalk in front of his house, but it is no more than five feet from the curb. There is also a park on the street and he thought it would be nice if the children had a safe way to get to it.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-08
    West Seneca, NY 14224 June 25, 2007
    Page twelve . . .

    ISSUES OF THE PUBLIC

    SIDEWALKS ON KNOX AVENUE    (continued)

    Marlene Keem, 302 Knox Avenue, stated that she was upset that the town had not informed the residents about the project until a petition was circulated opposing the sidewalks. She lived on Knox Avenue and paid taxes there for 43 years and thought she was entitled to know what was happening on the street. Mrs. Keem had planted two birch trees on her property after her husband died and one would have to be removed because of the project along with a split rail fence in her yard. She resented the fact that the town was dictating to her what would be done on her property and thought they should have discussed things with the residents first.

    Councilman Graber thought that Mrs. Keem had a good point and the Engineering Department should send letters to the residents early in the year and inform them when there is a reconstruction project proposed for their street. He commented that a lack of communication with the residents causes problems.

    Henry Kazmierczak, 74 Knox Avenue, questioned the next procedure for the decision on the sidewalks.

    Supervisor Clark thought that placement of the sidewalks too close to the houses was the major concern, and if the location were changed it might change property owner’s minds as to whether or not they wanted sidewalks. He questioned if Mr. Montz could conduct a review of placement of the sidewalk closer to the street and offer that as a choice. The specs could then be revised so the residents will know what the impact will be on their property.

    Councilman Bove suggested a meeting with the residents of Knox Avenue to review the plans and make a decision.

    Mr. Montz responded that the sidewalks could be moved anywhere within reason. A five foot separation between the curb and sidewalk worked on a 50 foot right-of-way and if that was acceptable to the residents it could be decided on at this meeting. He did not recommend less than a five foot setback because they had to plant trees in the setback and there were 110 trees planned for the project.

    Councilman Osmanski questioned the possibility of an employee of the Engineering Department going door-to-door to poll the residents regarding sidewalks at a five foot setback.

    Mr. Montz stated that they could do this but it would be very difficult with people working during the day. There could be many hours spent trying to contact some of the residents.

    Mr. Greenan suggested a public information meeting where the residents could vote. Those that weren’t at the meeting could be visited personally, and those that were not home could then receive a letter.

    Supervisor Clark thought that re-polling by letter was the best way to contact everyone and include with it a sketch of the proposed sidewalks.

    Councilman Graber suggested that the Engineering Department physically show the residents the location of the proposed sidewalks with small flags at a five foot setback.

    Mr. Montz noted that his department had offered to meet with the residents if they had any questions.

    Councilman Osmanski thought the letter should include that there are a lot of concerns about placement of the sidewalks and the reason for the re-polling.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-08
    West Seneca, NY 14224 June 25, 2007
    Page thirteen . . .

    ISSUES OF THE PUBLIC

    SIDEWALKS ON KNOX AVENUE    (continued)

    Dawn Shaver, 259 Knox Avenue, stated that some of the residents had more than one vehicle and they could not park them both in the back yard. She was concerned that if sidewalks are installed they will get tickets for blocking them. Mrs. Shaver further did not believe the residents should have to pay to repair a sidewalk in front of their home.

    OVERWEIGHT VEHICLE PARKED ON EAST CENTER ROAD

    Ken Kelchlin, 37 East Center Road, stated that on June 7th he received a citation from the Building Department stating that he had an overweight vehicle parked on his property. Mr. Kelchlin operates a 1986 box truck that is registered and inspected and he drives it to and from his place of employment every day. He is a carpenter and this is his work vehicle that carries his tools. Mr. Kelchlin stated that he cannot park the truck on the street and did not know where else he could park it. There also were people that had campers parked in their yards that were much heavier and larger than his truck. Mr. Kelchlin thought that he was being bullied because he was part of the investigation that occurred in the Building Department. He noted that there were nine other people that had this type of vehicle between Union Road and Transit Road and none of them were cited.

    Town Attorney Timothy Greenan stated that typically the Building Department cites individuals in response to a complaint. There were provisions as to the weight of vehicles that could be parked in residential driveways, and if someone were in violation of that they could apply for a variance from the Zoning Board of Appeals. Mr. Greenan stated that he would investigate this with Code Enforcement Officer William Czuprynski and get back to Mr. Kelchlin.

    BOY SCOUTS AT MEETING

    Donna Wassel, 48 Orchard Avenue, introduced three boy scouts in attendance at the meeting that were fulfilling a badge requirement and needed a signature from the Town Board members: Jeremy Wassel, 48 Orchard Avenue; Brendon Fath, 31 Kron Avenue; and Ben Bengert, 16 Cedar Ridge Drive.

    RAT PROBLEM ON SUNBRIAR DRIVE

    Laurie Mussehl, 99 Sunbriar Drive, stated that she has had a problem in the last month with an infestation of rats in her yard. She did nothing to cause the rats to be there. She does not feed the birds, has no garbage in her yard and keeps her grass cut, but her neighbor does not. There are holes in their yard and they have done nothing to stop the problem other than stop feeding the birds, but the rats are still there. Mrs. Mussehl has called the Building Department and Erie County Health Department and was not satisfied with their response to her problem. She and her husband have caught 15 rats in their yard and she asked that the town help her solve this problem.

    Code Enforcement Officer William Czuprynski stated that he visited the property and called the Erie County Health Department to have them set bait boxes.

    Councilman Osmanski asked that Mr. Czuprynski enforce the Property Maintenance Ordinance and ensure that the neighbor’s grass is cut.

    Councilman Hicks stated that he and Highway Supt. Patrick Finnegan would contact the Erie County Health Department and ask for their assistance.

    Supervisor Clark asked that Mrs. Mussehl contact the Building Department or his office if the neighbor’s grass becomes unreasonably high again. He further suggested that Mrs. Mussehl contact Legislator Locklear’s office to make them aware of the problem so they can follow up with the Erie County Health Department.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-08
    West Seneca, NY 14224 June 25, 2007
    Page fourteen . . .

    ISSUES OF THE PUBLIC

    SENIOR CITIZEN EXEMPTION QUESTIONED

    Paul Lynch, 107 Sunbriar Drive, stated that he is a senior citizen but does not get a senior citizen discount on his taxes because he makes too much money. Mr. Lynch did not believe he should be penalized because he never had welfare or food stamps.

    Supervisor Clark stated that the discount some senior citizens received was actually a senior citizen/low income discount. Only senior citizens with certain levels of income were eligible for that tax relief. This was just to assist and keep people with lower incomes in their homes. He understood that Mr. Lynch was not a tax burden on anyone else, but they had to abide by the New York State Real Property Tax Law.

    UPDATE ON ILLEGAL BUSINESS ON SENECA STREET

    Amy Carpenter, 406 Woodward Crescent, requested an update on the illegal business operating at the property on Seneca Street near the soccer complex.

    Code Enforcement Officer William Czuprynski stated that the business was forced to remove all their signage, but he understood they were still in violation so they will be issued a summons. He would be contacting the New York State Department of Environmental Conservation regarding the environmental issue.

    Ms. Carpenter further questioned who donated the marquee at the corner of Union Road and Main Street and suggested that town meetings be advertised on it.

    Supervisor Clark responded that the West Seneca Police Benevolent Association donated the marquee for the purpose of advertising community events.

    Ms. Carpenter suggested that the website include information on obtaining permits for various things. She thought a number of residents were not aware that a permit was required for pools and other things done to their homes.

    FREEDOM OF INFORMATION REQUEST

    Joan Russo, Parkside Drive, stated that she was happy to see that when an issue merits it the Town Board will waive the three-minute rule and she hoped to see that more in the future. Mrs. Russo further referred to some freedom of information requests her husband had submitted to Town Attorney Timothy Greenan, one of them dating back to March 2007, and he still had not received a response. Mr. Russo had received comments back that the information was being put together and she questioned a time frame for receipt of the information.

    Deputy Town Attorney Paul Notaro responded that a number of the documents were not as easy to obtain as it seemed. The Town Attorney’s office had sent notices to various departments and was receiving responses from them. They had also sent Mr. Russo periodic letters advising that they were still working on it. He hoped to have the information to Mr. Russo by the end of July, but could not guarantee that.

    Councilman Osmanski questioned if the request was for actual documents or information.

    Mr. Notaro responded that sometimes the information existed, and sometimes it didn’t. Sometimes he speaks to department heads and they tell him they don’t have what he is asking for, but they have something else that may be similar. He was trying to get as much information as possible to accurately respond to Mr. Russo’s request.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-08
    West Seneca, NY 14224 June 25, 2007
    Page fifteen . . .

    ISSUES OF THE PUBLIC

    FREEDOM OF INFORMATION REQUEST   (continued)

    Councilman Osmanski understood that the town was not required to compile information for a freedom of information request, but if there was an existing document they were required to present that.

    Mr. Notaro agreed but stated that he had to ensure that he got all the information from whatever departments could be involved. This was time consuming and sometimes there might be a variation to what was asked for and they had to determine if that was responsive or not responsive. Mr. Notaro stated that it had always been the policy of the Town Attorney’s office to meet what the resident was asking for.

    Mrs. Russo questioned what types of information had to be formally asked for. Recently her husband asked Recreation Director Robert Walsh how many games were played at the soccer park on a particular day. Mr. Walsh called him back and informed him that the Town Attorney’s office told him that they could not give out that information and he would have to file a freedom of information request.

    Supervisor Clark responded that a freedom of information request was triggered based on the frequency of inquiries. Mr. Walsh had many duties and could not be responding almost daily to these requests. Supervisor Clark further noted that the town had the ability to charge for compilation time and they did not want to have to do that.

    Mrs. Russo thought that if the answer was readily available it was ridiculous to make a resident file a freedom of information request. Her husband’s question had to do with the number of games played at the soccer park during the tournament that was held on a recent Saturday. She thought this information should have been readily available or easily attainable since the town was paid per game.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    GASLIGHT CONVERSION PROJECT

    Councilman Hicks referred to the street light project and stated that the work was still not being done. Town Engineer George Montz had stated that Mr. Simoncelli and Charles Nelson came through a couple months ago and did a punch list identifying all the problems, but they had not proceeded to take care of any of them. The landscaper also refused to redo any of the properties, mainly because he was not getting paid by certain individuals. Councilman Hicks asked that Mr. Montz contact Mr. Nelson, Mr. Simoncelli, and the landscaper and schedule a date for them to meet with Councilman Hicks, Councilman Graber and Mr. Montz to get these issues taken care of and complete the project.

    Councilman Osmanski questioned if there were any unpaid bills on this project.

    Councilman Hicks responded that they had held back payment to the contractors.

    Councilman Osmanski suggested that the contractors be given a deadline for completing the work, and if it is not done by that time they will hire another landscaper.

    Councilman Hicks had thought about using the town’s Electrical Department and Highway Department to do the work and charging it back. He further noted that the town had hired a company to manage the project, but they were not doing their job so they should not be paid.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-08
    West Seneca, NY 14224 June 25, 2007
    Page sixteen . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    APPOINTMENT OF DAVID CARR AS PART-TIME LAW CLERK

    Motion by Councilman Graber, seconded by Councilman Osmanski, to appoint David Carr as part-time seasonal Law Clerk effective June 26, 2007 at a rate of $8.00 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    On the question, Town Attorney Timothy Greenan noted that Mr. Carr was attending Canisius College as an English major with a GPA of 3.79. He had excellent writing and communications skills and was well-qualified for the position.

    Ayes: All Noes: None Motion Carried

    GRANT APPLICATION FOR FISHING PARK AND BOAT LAUNCH ON BUFFALO CREEK

    Motion by Councilman Bove, unanimous second, to adopt the attached resolution authorizing Supervisor Paul T. Clark of the Town of West Seneca to file an application with 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 1996 and 2002 Parks Development Grant Program for $280,000 for 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.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    PUBLIC HEARING SCHEDULED FOR INTENTS SECTION OF TOWN CODE

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to schedule a public hearing for July 16, 2007 at 7:30 P.M. concerning the intents section addition to the Town Code.

    Ayes: All Noes: None Motion Carried

    PAUL NOTARO APPOINTED TOWN PROSECUTOR

    Motion by Supervisor Clark, seconded by Councilman Graber, to appoint Deputy Town Attorney Paul Notaro as Town Prosecutor effective July 1 – December 31, 2007 with an increase in salary of $8000 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    On the question, Town Attorney Timothy Greenan stated that Mr. Notaro would be filling the vacancy created by the resignation of Dale McCabe as Town Prosecutor. By appointing Mr. Notaro to take on the duties of Town Prosecutor rather than appointing another individual, the town will be saving about 50 percent of the cost of salary and benefits.

    Ayes: All Noes: None Motion Carried

    TOWN BOARD MEETING SCHEDULE

    Supervisor Clark announced the Town Board meetings for the third quarter of 2007:

    Monday, July 16, 2007 @        7:30 P.M.
    Monday, August 20, 2007 @ 7:30 P.M.
    Monday, September 24, 2007    @ 7:30 P.M.

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-08
    West Seneca, NY 14224 June 25, 2007
    Page seventeen . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    RATIFICATION OF PBA CONTRACT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to ratify the proposed PBA contract subject to final approval of the Town Attorney’s Office.

    On the question, Supervisor Clark did not have specific information available at this time but stated that this was a good agreement that will significantly reduce health insurance costs.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

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

    Ayes: All Noes: None Motion Carried




    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK