West Seneca Town Board Meeting Minutes 05/18/2009
Supervisor Wallace C. Piotrowski 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 Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. 8-A MINUTES TO BE APPROVED
8-B LEGAL NOTICES 1. Motion by Councilman Graber, seconded by Councilwoman Meegan, 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 1416 & 1420 RIDGE ROAD, BEING PART OF LOT NO. 289, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR OPERATION OF STRAIGHT LINE SEALING BUSINESS” in the Town of West Seneca, be received and filed. (Stephen D. Donahue)
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Supervisor Piotrowski read the recommendation of the Planning Board: “At its April 9, 2009 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 1416 & 1420 Ridge Road, being part of Lot No. 289, changing its classification from C-1 to C-2, for operation of Straight Line Sealing business, with the following stipulations: 1) a six foot stockade fence shall be constructed along the north property line; 2) all diesel vehicles shall be parked at the most easterly end of the property; 3) no on site tool cleaning.” The petitioner was not present at the meeting. Daniel Quinn, 17 Maryon Drive, stated that the neighbors on his street were opposed to the rezoning because Mr. Donahue was not a good neighbor and they did not believe that the business belonged in a residential neighborhood. Mr. Quinn commented on the noise and mess the business generated and the early morning hours on Sunday. Margaret Armbruster stated that her business, Island Park Catering, is located at 1436 Ridge Road, next to Mr. Donahue’s property. Mr. Donahue was her neighbor for approximately 10 years and he lived at this location. The work for his business was done off-site; the employees left in the morning and returned in the evening. Mrs. Armbruster stated that Mr. Donahue was a great neighbor and he fixed up the property and took very good care of it. She noted that Ridge Road was a very busy commercial road so a business was not out of character for the neighborhood and she had no problem with the rezoning.
8-B LEGAL NOTICES 1. (continued) Henry Andrzejewski, Maryon Drive, commented that the neighbors on his street had a problem with the trucks, noise, dust, and smell from the tar and he did not believe they should have to deal with that. Mr. Donahue appeared at the meeting and stated that he was waiting for his attorney. The public hearing was held open until later in the meeting to allow Mr. Donahue an opportunity to have his attorney present. 2. Proofs of publication and posting of legal notice: “OF THE ADOPTED LOCAL LAW NO. 1 OF THE YEAR 2009 AMENDING CHAPTER 102, §102-5 SITE PLAN WAIVER, TO REQUIRE A MINIMUM OF ONLY TWO (2) SIGNATURES FROM THE CODE ENFORCEMENT OFFICER, TOWN ENGINEER OR PLANNING BOARD CHAIRMAN” in the Town of West Seneca, received and filed. 8-C TABLED ITEMS 1. Credit card policy Remained on the table. 8-D COMMUNICATIONS 1. Supervisor Piotrowski re Resignation of Gregory Perla as Town Attorney Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Gregory J. Perla and terminate him as Town Attorney effective May 6, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Supervisor Piotrowski re Appointment of Town Attorney Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Shawn Martin as Town Attorney at an annual salary of $45,000 effective May 5, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
3. Supervisor Piotrowski re Reappointment of Robert Niederpruem Jr. as Planning Board member Motion by Councilman Graber, seconded by Councilwoman Meegan, to reappoint Robert Niederpruem Jr. to a seven year term as a member of the West Seneca Planning Board effective June 5, 2009 thru June 4, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8-C COMMUNICATIONS 4. Supervisor Piotrowski re Community Days parade Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of the West Seneca Civic & Patriotic Commission to hold the annual Community Days parade on Saturday, June 27, 2009 with assembly at 1:00 P.M. at the West Seneca West Senior High School and the parade starting at 2:00 P.M. moving east on Main Street to Union Road and left to Centennial Park.
5. Deputy Town Attorney re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2500 to Harold Gossel for lease of property at 3689 Seneca Street.
6. Town Engineer re Green Innovation grant application Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt the attached resolution regarding the town’s application for grant funding under the Green Innovation Grant Program and authorize the Supervisor to sign the document, noting that if awarded, the grant will provide funding for approximately three years of projected sewer rehabilitation work along Orchard Park Road in Sewer District #13 and save the town approximately $740,000 in estimated costs.
*APPENDICES* 7. Town Engineer re Erie County Water Authority watermain agreement for Collins Avenue Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the agreement between the Town of West Seneca and Erie County Water Authority (ECWA) for replacement of the existing watermain on the Collins Avenue Reconstruction Project, Job No. C-0901, noting that the ECWA agrees to reimburse the town for the cost of the watermain improvement estimated at $420,000.
8. Town Engineer re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2159.32 to K & S Contractors Supply Co. for hydrant replacement on East Avenue and $1928 to Osinski Plumbing for restoration work on Northridge Drive and Berg Road.
9. Highway Supt. re Title change for Michael Scarpello to Highway Mechanic Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item as it was addressed at the previous Town Board meeting.
8-C COMMUNICATIONS 10. Highway Supt. re Title change for Jeffrey Bunn to Highway MEO Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item as it was addressed at the previous Town Board meeting.
11. Highway Supt. re Title change for Robert Finnegan to Highway Laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Robert Finnegan as Sanitation Laborer and appoint Robert Finnegan as Highway Laborer, Group 1, Step 1, at a rate of $21.88 per hour effective May 18, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Highway Supt. re Title change for James Alba to Sanitation MEO Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item as it was addressed at the previous Town Board meeting.
13. Highway Supt. re Appointment of summer help in Highway Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the following part-time laborers as summer help in the Highway Department at a rate of $7.15 per hour effective May 18 – September 4, 2009:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Highway Supt. re Appointment of summer help in Buildings & Grounds Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the following part-time laborers as summer help in the Buildings & Grounds Department at a rate of $7.15 per hour effective May 18, 2009 thru September 4, 2009:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8-C COMMUNICATIONS 15. Highway Supt. re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $1922.04 to Brute Spring & Equipment for truck repairs.
16. Chief Gehen re Retirement of Detective Joseph Turkovich Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Detective Joseph Turkovich and terminate him effective May 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Turkovich served the Town of West Seneca for more than 22 years.
17. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3493 to FM Communications for a siren/light control.
18. Town Clerk re Attendance at NYALGRO school Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Town Clerk Patricia DePasquale to attend the New York Association of Local Government Records Officers annual school June 7 – 10, 2009 in Utica, New York, at a cost not to exceed $675.
19. Recreation Director re Appointment of part-time seasonal employees Motion by Councilman Graber, seconded by Councilwoman Bove, to receive and file this item.
20. Chief Gehen re Resignation of Craig Funk as part-time Public Safety Dispatcher Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Craig A. Funk and terminate him as part-time Public Safety Dispatcher effective May 16, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
21. Chief Gehen re Status change for part-time Public Safety Dispatcher Chris Koehler to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher Chris Koehler to part-time seasonal effective May 1 – 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8-C COMMUNICATIONS 22. Highway Supt. re Military leave of absence for Joseph Steen Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a military leave of absence for Joseph Steen effective May 27 – 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
23. Highway Supt. re Status change for part-time Buildings & Grounds Department employees to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time laborers in the Buildings & Grounds Department to part-time seasonal at a rate of $7.15 per hour effective May 18 – October 17, 2009: Tod Dembik and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
24. Councilwoman Bove re Appointment of John Fenz as part-time Law Clerk Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to appoint John Fenz as part-time seasonal Law Clerk at a rate of $10.00 per hour effective May 19 – August 20, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
25. Councilwoman Bove re Special Election Motion by Councilwoman Bove, seconded by Councilman Graber, to confirm the hours for voting in the special election on June 3, 2009 as 11:00 A.M. until 9:00 P.M. and set the date for new voter registration as Thursday, May 28, 2009, 12:00 Noon until 4:00 P.M. and direct the Erie County Board of Elections to mail postcards directing voters to the proper polling places at a cost to the town of $8680.
8-E REPORTS
ISSUES OF THE PUBLIC IMPLEMENTATION OF MASTER PLAN Paula Minklei, Orchard Park Road, stated that after several years of public input and professional planner organization, the West Seneca Town Board adopted a Comprehensive Master Plan and it has occasionally been used and/or misused when politically expedient. A few amendments have been made to the Zoning Ordinance, but much still needed to be done to update it. Mrs. Minklei stated that although the Comprehensive Plan was adopted in November 2006, she had not seen or heard of any steps taken toward the first year’s priorities. She questioned if the Town Board had any plans toward implementation of the town’s Master Plan. Councilwoman Meegan responded that the Town Board tried to use the Comprehensive Plan on every given opportunity, especially with any information that comes to them regarding new businesses in town. They had worked with former Deputy Town Attorney Paul Notaro on amending the Noise Ordinance and he was working on a couple other items, but she did not know where that was left when he resigned. Councilwoman Meegan stated that she would look into this with new Town Attorney Shawn Martin and they would also need input from the public. Mrs. Minklei thought it would be a good idea for the public and the Town Board to review the Master Plan because there were a number of good ideas in it that came from the community and the planners, but a lot of it had not happened. UPDATE ON NEW CHAIRS AND MICROPHONES FOR COURT ROOM Amy Carpenter, 406 Woodward Crescent, referred to the June 23, 2008 Town Board meeting and a motion for new chairs and microphones for the Court Room. She followed up on this at the November 2008 meeting and questioned the status of it and was told that they were waiting to talk to Judge McCabe regarding his needs for the Court Room. Mrs. Carpenter questioned if there were any answers on this issue. Councilwoman Bove stated that she was working on this and in the last week had contacted two people to look at possible bids and see what kind of money they were talking about. Mrs. Carpenter asked that Councilwoman Bove also look into the cost of an LCD projector so they have AV ability and the audience can see items presented to the Town Board. EDUCATING PUBLIC ON DOWNSIZING ISSUE Amy Carpenter, 406 Woodward Crescent, referred to Councilman Graber’s comments from an earlier date on the downsizing issue, stating that he didn’t want to rush into the vote so that the citizens could make an informed decision based on facts. She questioned what the Town Board was doing to present the facts to the public. Councilman Graber stated that he would be having a debate with Kevin Gaughan on Channel 2 next Wednesday, but he did not know when it would be aired. He was also writing an editorial for the West Seneca Bee and the Buffalo News and there would be some facts presented by various citizens groups, both pro and con. The next Town Board meeting was scheduled for June 1st and he intended to present all the facts as he sees them on why downsizing is not in the best interest. Dave Monolopolus, 97 Lexington Green, referred to a statement Mr. Gaughan made in the West Seneca Pennysaver concerning what the Town of West Seneca would save by downsizing and did not believe the facts were accurate.
ISSUES OF THE PUBLIC PROPERTY MAINTENANCE AND TOWN EYESORES Dave Monolopolus, 97 Lexington Green, stated that when Supervisor Piotrowski took office he stated that he would be working for the betterment of the Town of West Seneca and develop the Seneca Mall site. He questioned what had been done to accomplish this and other issues like the Bellwood School, Ridge Road corridor, and city line. Supervisor Piotrowski stated that he has been working on this issue for 1½ years but nothing has been done yet. He further noted that nothing had been done for decades by the previous administration and agreed that there were a number of eyesores in town that needed to be addressed. LEGAL ITEM #1 (continued)
Councilman Graber stated concerns expressed to him by the neighbors that sometimes Mr. Donahue runs the diesel trucks for two to three hours at a time and puts a brick on the accelerator. They also said that Mr. Donahue spun the tires and laid rubber in the parking lot with one of his vehicles. Mr. Donahue denied this and stated that the longest he has ever run the trucks is ½ hour to allow them to warm up and he has never put a brick on the accelerator. He further noted that he lives at this location and Ridge Road has a lot of traffic, including diesel trucks. Mr. Donahue stated that his business is seasonal and they work six months a year. The trucks leave in the morning and return at the end of the day, so there is no actual work done on site. The residents had complained about the smell of asphalt from cleaning the tools and Mr. Donahue agreed not to do this at that location anymore. He also moved the diesel dump truck to the other side of the lot so the neighbors could not smell it. Mr. Donahue stated that he did spin his truck tires one time because they built the vehicle in the garage over the winter and when he brought it out he was showing it off, but he agreed to not do that again. Councilman Graber stated that the neighbors also complained that Mr. Donahue cleaned the tools with kerosene and then dumped it at the rear of the property. They called the NYS Department of Environmental Conservation (NYSDEC) and they came out and examined the dirt and determined that it was kerosene. They were not able to cite Mr. Donahue because they did not see him dump the kerosene. Mr. Donahue stated that the tools were cleaned with a propane torch. They are heated to get the asphalt to loosen up and then they are scraped off. No kerosene is poured on the tools. Mr. Donahue did not know how the kerosene got there and stated that he cleaned up the back portion of the easement and removed three truckloads of debris that had built up over a number of years. Most of it was not from him, but he does blow leaves from the parking lot to the back of the property. Mr. Donahue stated that he had constructed a 6’ foot fence to help contain the noise and he wanted to be a good neighbor. Supervisor Piotrowski questioned how long Mr. Donahue had been in business. Mr. Donahue responded that he had been in business since 1989 and operating at this location for the last 11 years and he would like to continue to do so. He had five employees and did not plan to get any bigger or stockpile stone or other material, and he liked to keep the property clean. Mr. Donahue stated that he had never received any complaints about noise and did not know he was bothering any of the neighbors. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
LEGAL ITEM #1 (continued) Motion by Councilman Graber, seconded by Councilwoman Meegan, to deny the request for a rezoning and special permit for property located at 1416 & 1420 Ridge Road, being part of Lot No. 289, changing its classification from C-1 to C-2(S), for operation of Straight Line Sealing business, based on the following: 1) the proposed rezoning would have a negative impact on the surrounding community; 2) the proposed rezoning would decrease the property values of the houses along Maryon Drive. On the question, Councilman Graber stated that although he made a motion to deny the rezoning, Mr. Donahue still had an opportunity to go before the Zoning Board of Appeals and request a variance. The residents of Maryon Drive were willing to allow Mr. Donahue to continue operating his business as long as he was able to show them in a year that he was a good neighbor and someone that would not impact on them the way they had in the past. Councilman Graber stated that Mr. Donahue could seek a use variance to park his trucks on the property. Code Enforcement Officer William Czuprynski advised that that there were two types of variances – area and use. Mr. Donahue could go before the Zoning board for a use variance, but it was a hard thing to prove. He would have to prove that he could not use the property for anything else and Mr. Czuprynski did not believe that Mr. Donahue could prove that. The Zoning Board usually does not grant use variances and they preferred that the property be rezoned. Motion by Supervisor Piotrowski, seconded by Councilman Graber, to amend the motion and table this item so Mr. Donahue can apply to the Zoning Board of Appeals.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS VOTER REGISTRATION SCHEDULED FOR SPECIAL ELECTION
Town Clerk Patricia DePasquale reminded everyone that anyone not currently registered to vote can register on voter registration day to be held Thursday, May 28th, 12:00 Noon until 4:00 P.M. at Town Hall. All registered voters will be allowed to vote in the Special Election. BUCKLE UP NEW YORK
Chief Gehen reminded everyone to wear their seat belts while driving. There will be a special detail, “Buckle Up New York” May 18 – 31, and this will take place statewide. FOIL PROCEDURE
Councilman Clarke asked Comptroller Robert Bielecki who has access to the files in the Comptroller’s Office. Mr. Bielecki responded that his office staff had access to the files along with Town Board members and anyone that files a Freedom of Information (FOIL) request. Councilman Clarke referred to the minutes from the previous Town Board meeting and questioned how Mr. Jarczyk would have gotten access to the vouchers submitted for commercial card services on West Seneca Youth Bureau and AmeriCorps letterhead and signed by the Youth Bureau. Mr. Bielecki did not know how Mr. Jarczyk got the information and stated that he could have gotten it from the Youth Bureau.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS FOIL PROCEDURE (continued) Councilman Clarke suggested that this be investigated to find out if the information was obtained illegally. Motion by Councilwoman Bove, seconded by Supervisor Piotrowski, to direct the Town Attorney to re-evaluate the town’s policy for obtaining information from the Town Comptroller’s office and develop a viable procedure so that everyone follows the procedure the exact same way and the Town Board members receive copies of the information furnished. On the question, Town Attorney Shawn Martin stated that there was a memo circulated by Asst. Chief Denz for an accreditation process regarding how FOIL’s are to be handled and he will distribute that to everyone. Councilwoman Meegan noted that former Deputy Town Attorney Paul Notaro handled all the FOIL requests so he would have gathered the information and supplied Mr. Jarczyk with it. Mr. Jarczyk would not have gone to the Comptroller’s office himself.
EVALUATION OF SALARIES & DUTIES OF COMPTROLLER’S OFFICE STAFF
Councilwoman Bove stated that she was looking to evaluate the Comptroller’s office and had previously asked for a report on the salaries and duties of the employees in that office. She questioned if that information was available yet. Comptroller Robert Bielecki responded that they were in the process of putting this information together and were trying to ensure that it was as thorough as possible. ADJOURNMENT Motion by Supervisor Piotrowski, seconded by Councilman Graber, to adjourn the meeting at 8:20 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |