West Seneca Town Board Meeting Minutes 03/12/2007





WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 March 12, 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
Christina Wleklinski Bove   Councilman

Absent -    Craig J. Hicks, Councilman

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

Tim Backus, President of West Seneca Little Loop Football and Cheerleading, thanked Supervisor Clark, Town Board members, and department heads for all their help throughout the years and presented a plaque to be hung in Town Hall.

Supervisor Clark thanked Mr. Backus and commented on the wonderful job he and other volunteers did with the Little Loop Football and Cheerleading program.

The meeting was dedicated to the memory of Marion E. Kroll, Margaret T. Scarpello, Frances E. Bunn, and Helen C. Hauger.

3-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2007-2 of February 26, 2007.
    Ayes: All Noes: None Motion Carried

    3-B   LEGAL NOTICES

    1.   Motion by Supervisor Clark, seconded by Councilman Osmanski, 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 1537 UNION ROAD, BEING PART OF LOT NOS. 190 & 191, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR A BILLBOARD” in the Town of West Seneca, be received and filed.                (Look Outdoor Advertising, LLC)

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its October 18, 2006 meeting, the Planning Board recommended denial of the request for a special permit for property located at 1537 Union Road, being part of Lot Nos. 190 & 191, changing its classification from C-2(S) to C-2(S), for a billboard, based on the following: 1) the proposal violates Section 120-23 of the Town Code in that it is not in harmony with the development of the district in which it is situated; 2) approval would cause Tony Rome’s Restaurant to be in violation of the present zoning; 3) square footage for delineating the parking and maneuvering on the parcel has not been presented to the Planning Board for revision; 4) the proposal violates Section 120-40.1 of the Town Code which does not permit a two-faced billboard; 5) the proposed billboard is not in harmony with the surrounding area and conflicts with the present movement within the town to promote a village atmosphere beginning somewhat north of this area and extending south to the end of the Southgate Plaza.”


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    West Seneca, NY 14224 March 12, 2007
    Page two . . .

    3-B    LEGAL NOTICES

    1.    (continued)

    Mr. Greenan stated that after the Planning Board made their recommendation, his office was contacted by one of the council members who advised that they were in contact with the owner of Tony Rome’s Restaurant, and he indicated that he was not going forward with the proposal. Mr. Greenan thought that this was because it would cause Tony Rome’s to be in violation of the Zoning Ordinance with regard to parking. However, his office received a letter from the applicant’s attorney that indicated they had a lease going forward and asked that it be put back on the agenda for the Town Board.

    Ralph Lorigo, Esq., 101 Slade Avenue, represented Look Outdoor Advertising, LLC, and stated that they were a locally owned limited liability company, owned by Keith Kane, and he had been in the billboard business for about 16 years. Mr. Kane worked for Viacom, but when they transferred their billboards locally to Lamar Advertising and offered him a position in Florida, he declined and decided to stay here and start his own business. Mr. Kane opened his business three years ago and had billboards in Rochester, Buffalo, and Syracuse. He was a small entrepreneur, but was competition for Lamar that had a monopoly on billboards in the area. Mr. Lorigo stated that the proposed billboard was a standard size board, 14’ x 48’, double faced on a single pole and the same size as the last dozen that were approved and built in the Town of West Seneca. He presented information to the board members on the proposed billboard and a survey of the property indicating where the billboard will be near the north boundary line. He also presented an aerial map of the site indicating what properties would be affected by a billboard at this location. Mr. Lorigo referred to the Town Code that stated, “The size and location shall be approved by the Town Board upon recommendation of the Planning Board. Said sign shall be allowed only in the following zones: R-100A, C-1, C-2, M-1 and M-2.” The proposed site was zoned C-2. Mr. Lorigo noted that the Town Board had placed several moratoriums on billboard signs so they could upgrade the Town Code, but no amendments had been proposed over the last several years. He stated that the existing Town Code did not call for a special permit for billboards and he did not believe that the proposal conflicted with any of the requirements for a special permit. He also presented a Memorandum Decision of Supreme Court Justice Dillon in a 2006 case regarding the Town of West Seneca and its code and asked that the board members review this information. The court stated that, “the Town Code is flawed in that it fails to provide a means to disapprove an application in one of the enumerated zoning districts.” Mr. Lorigo commented on the substantial revenue the billboard would provide to the town without using any of the services. Union Road was a major thoroughfare and the billboard would be set back from the property and would not be intrusive. He disagreed with the Planning Board’s comment that the billboard would not be in harmony with the district and noted the number of billboards on Route 400 and advertising signs on Union Road. Mr. Lorigo questioned the Planning Board’s comment that the billboard would cause Tony Rome’s to be in violation of the Zoning Ordinance.

    Mr. Greenan responded that the billboard would take away from the required parking and would require Tony Rome’s to apply for a variance.

    Mr. Lorigo noted that the proposed billboard would only take up one parking space.

    Mr. Greenan stated that placement of the billboard would bring Tony Rome’s out of compliance with regard to parking and could be a basis for Code Enforcement Officer William Czuprynski to revoke their special permit to operate as a restaurant and bar.

    Mr. Lorigo stated that Tony Rome’s had provided Mr. Kane with a lease and the billboard will probably not even take up a parking space because it will be a single pedestal.

    Councilman Osmanski noted that there was no parking lot delineation on the documents submitted, so he did not know exactly where the billboard would be located.


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    West Seneca, NY 14224 March 12, 2007
    Page three . . .

    3-B   LEGAL NOTICES

    1.    (continued)

    Mr. Lorigo responded that the billboard will be 10 feet from the lot line and vehicles could not park within 10 feet of the lot line.

    Councilman Osmanski stated that Tony Rome’s has parking all along the lot lines.

    Mr. Lorigo did not believe that the billboard would interfere with the parking or that there was any action against Tony Rome’s with regard to the parking lot.

    Mr. Greenan thought that there was parking issues at Tony Rome’s and Councilman Hicks had been following up on them over the years.

    Supervisor Clark understood that there was a demand that they complete some of that work and put up a fence, which they did.

    Mr. Lorigo referred to the Planning Board’s comment regarding the square footage for delineating the parking and maneuvering on the parcel and stated that the Planning Board had not asked his client to return with some delineation and they had provided the survey with specifics as requested in the application process. He further referred to the Planning Board’s comment about promoting a village atmosphere and did not see how the billboard would obstruct that. Mr. Lorigo stated that there was a proposed code that was created in 1999 and the proposed billboard would comply with that code. The billboard would be located more than 1250 feet from the nearest billboard and be located in a properly zoned district. The lighting is limited up-lighting, from dusk to midnight, but they had agreed to discuss the time frame. There would be no R-rated types of advertising on the billboard and they were willing to comply with reasonable requests of the Planning Board or Town Board with regard to its content.

    Councilman Graber referred to Mr. Lorigo’s submission of the lawsuit involving the billboard that was denied by the Town Board and noted that the Planning Board had not denied that billboard as they did this one. He did not believe the two cases should be associated.

    Mr. Lorigo suggested that the Town Board adopt a more thorough code so that people like his client would know where they could place a billboard within the town. Mr. Kane chose this location and he thought that under the current code it was an acceptable location. Mr. Lorigo stated that if the Town Board did not want to have billboards within the town they had the right to make that argument, but that was not what they were doing. There had been several moratoriums, but no change in the Town Code.

    Councilman Graber questioned if the proposed billboard was a double faced sign or two separate signs as other billboards in town.

    Keith Kane, 394 Lakefront Blvd., Buffalo, stated that he is President of Look Outdoor Advertising and the proposed billboard is a single pole unit with a separate backing for each sign. It was identical to every other billboard in town.

    Brian Procyshyn, 252 Fremont Avenue, stated that he had been through a lot with Tony Rome’s and they now had a fence for screening, but he did not want to have a billboard in his back yard. Mr. Procyshyn did not believe that Tony Rome’ s had totally complied with the drainage specifications, and only part of their parking lot was paved. He understood that when this proposal went before the Planning Board that the sign would be V-shaped, and now they were proposing a side-by-side. Mr. Procyshyn also noted that there was a fire hydrant in the area of the proposed billboard and he questioned if fire trucks would be able to access it with the billboard there.

    Councilman Osmanski questioned the depth of Mr. Procyshyn’s house.


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    West Seneca, NY 14224 March 12, 2007
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    3-B    LEGAL NOTICES

    1.    (continued)

    Mr. Procyshyn responded that the depth of his house was 40 feet, so the billboard would be bigger than his house.

    Karen Lucachick, 61 Greenmeadow Drive, stated that the Planning Board recommended denial of the billboard, so if the Town Board approved it they were basically saying that the Planning Board had no value and they should be eliminated. The Master Plan was recently adopted and some of the town codes were supposed to be addressed as part of that Plan, but she had not heard any of the board members talk about refining the codes. Mrs. Lucachick stated that the proposed location was an entrance to the town from Route 400 and she did not think a billboard was a welcome sign for people. She further commented on the debris and equipment along Route 400 in West Seneca and noted that other towns did not have unsightly conditions along that route.

    Amy Carpenter, 406 Woodward Crescent, commented that the gateways to West Seneca were awful looking, and she questioned what the Town Board was doing to make the community more attractive. She further commented that if there was a lawsuit in the past concerning a billboard, the Town Board should have acted to amend the Town Codes and prevent it from happening again.

    Councilman Osmanski stated that the town had a six-month moratorium on the construction of billboards; however, this application was filed prior to that moratorium. There was one month left on the moratorium and they would be scheduling a public hearing at this meeting to consider adoption of the new ordinance. Councilman Osmanski stated that they were working on developing a very restrictive ordinance, but were wrestling with the legal language to ensure that it is enforceable and not unconstitutional. He also noted that the adopted Master Plan could be used to the town’s benefit if this application goes to court.

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

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Councilman Bove, to deny the request for a special permit for property located at 1537 Union Road, being part of Lot Nos. 190 & 191, changing its classification from C-2(S) to C-2(S), for a billboard, based on the following: 1) the proposal violates Section 120-23 of the Town Code in that it is not in harmony with the development of the district in which it is situated; 2) approval would cause Tony Rome’s Restaurant to be in violation of the present zoning due to parking issues; 3) square footage for delineating the parking and maneuvering on the parcel has not been presented to the Planning Board or Town Board for revision; 4) the proposal violates Section 120-40.1 of the Town Code which does not permit a two-faced billboard; 5) the proposed billboard is not in harmony with the surrounding area and conflicts with the town’s adopted Comprehensive Master Plan to promote a village atmosphere beginning somewhat north of this area and extending south to the end of the Southgate Plaza and does not fit in with the aesthetics of the district; 6) no amount of screening could adequately protect adjacent residential houses from a 14’ x 48’ billboard.

    On the question, Supervisor Clark thought that many of the points mentioned by the Planning Board were incorrect and the town would lose if they were to go to litigation on this issue. He understood the village sections referred to in the Master Plan were north and south of this area of Union Road and the proposed area was commercial in nature. Supervisor Clark also thought the assessed value of the billboard was an important consideration.

    Councilman Bove questioned the closest sign of this magnitude in that area of Union Road.


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    1250 Union Road Minutes #2007-03
    West Seneca, NY 14224 March 12, 2007
    Page five . . .

    3-B    LEGAL NOTICES

    1.    (continued)

    Mr. Czuprynski responded that there were billboards to the east and west along Route 400, but he could not think of any along Union Road.

    Ayes:  (3)    Councilman Osmanski, Councilman Bove, Councilman Graber
    Noes:  (1)   Supervisor Clark
    Motion Carried

    2.   Re: “A PUBLIC HEARING TO CONSIDER, DISCUSS, AND IF NEED BE, ACT UPON LOCAL LAW NO. 2 OF THE YEAR 2007, ENTITLED ‘FIRE PREVENTION’”, in the Town of West Seneca.

    Deputy Town Attorney Paul Notaro stated that the purpose of this code was to establish a fire prevention bureau and delegate the duties of said bureau to the relative fire prevention practices and services of notice in order. This will allow the Building Department with the assistance of the Fire Inspector and Fire Chiefs to ensure that there is proper enforcement of fire prevention and fire safety in public buildings and public access places.

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt Local Law No. 2 of the year 2007, entitled “Fire Prevention”, in the Town of West Seneca.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    3-C    COMMUNICATIONS

    1.   Town Attorney re Nutrition Project Agreement

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the Supervisor to execute the 2007 Nutrition Project Agreement with the County of Erie, noting that this agreement memorializes the coordinated effort between the Town of West Seneca and the County of Erie to provide meals to town residents age 60 and older.

    Ayes: All Noes: None Motion Carried

    2.   Deputy Town Attorney re Public hearing for amendments to Town Code

    Motion by Councilman Osmanski, seconded by Councilman Bove, to schedule a public hearing for March 26, 2007 at 7:30 P.M. to consider amendments to Chapter 55 “Building Construction” and Chapter 75 “Fire Prevention” of the Town of West Seneca Code.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 March 12, 2007
    Page six . . .

    3-C   COMMUNICATIONS

    3.   Town Engineer re Agreement for work permits on state highways

    Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the agreement between the Town of West Seneca and New York State Department of Transportation (NYSDOT) regarding work permits on state highways and authorize the Supervisor to sign the necessary forms.

    Ayes: All Noes: None Motion Carried

    4.   Highway Supt. re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $11,551 to Tri-R Mechanical Services, Inc. for a new steam boiler at the transfer station and $2111.76 to Professional Turf Services, Inc. for supplies at the soccer park.

    Ayes: All Noes: None Motion Carried

    5.   Chief Gehen re Retirement of Desk Lt. John Radwan

    Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the retirement of Desk Lt. John Radwan and terminate him effective March 28, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Desk Lt. Radwan has served the West Seneca community for almost 30 years.

    Ayes: All Noes: None Motion Carried

    6.   Chief Gehen re Purchase of equipment

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of one (1) Nikon NPL-352 Prismless Pulse Laser Total Station Accident and Crime Scene Diagramming Unit plus Visual Statement Vista FX3 CSI basic edition software with one year of upgrades from ASC Inc., 1284 Sherwood Road, Aurora, New York 13026 at a total cost of $6526.94, noting that this is priced below government contract pricing.

    Ayes: All Noes: None Motion Carried

    7.   Chief Gehen re Attendance of Officers Gibbons & Coia at DARE conference

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Officers James Gibbons and Jeffrey Coia to attend the NYS DARE Conference in Newburgh, New York, April 26 – 29, 2007, at a cost not to exceed $1105.

    On the question, Councilman Bove commented that she had the opportunity to be a part of many of the DARE graduations and the children were very excited to be a part of the program. She thought this was a worthwhile program and the officers did an excellent job.

    Councilman Osmanski agreed and stated that five of his children had been through the DARE program and they were all positively influenced by the officers. He thought the program helped put a friendly face on the police force and the children got to know the officers and built a relationship with them.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 March 12, 2007
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    3-C   COMMUNICATIONS

    8.   Comptroller re 2006 budget amendment

    Motion by Councilman Osmanski, seconded by Councilman Graber, to adopt the following resolution concerning a 2006 budget amendment:

    WHEREAS, the town is in the process of closing its accounting records for the fiscal year ended December 31, 2006; and

    WHEREAS, certain appropriation accounts were noted to need adjustments to allow for appropriate closing of accounts; and

    WHEREAS, the funding for these adjusted appropriations is available within other appropriation accounts in the town’s 2006 budget; now, therefore, be it

    RESOLVED, that the Town Board hereby authorizes the amending of the town’s 2006 budget as included on the attached list.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    9.   Receiver of Taxes re Extension of collection for 2007 Town/County taxes

    Motion by Councilman Osmanski, seconded by Councilman Graber, to extend collection for 2007 town/county taxes from April 30th to June 30th so that penalties collected can stay with the Town of West Seneca rather than the County of Erie.

    Ayes: All Noes: None Motion Carried

    10.   Receiver of Taxes re Rate increase for Margaret Welker & Christina Salisbury

    Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a rate increase from $7.15 to $7.40 per hour for part-time clerks Margaret Welker and Christina Salisbury retroactive to the time they reached 1400 hours and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    11.   Recreation Supervisor re Status change for Carol Kennedy to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Food Service Helper Carol Kennedy to part-time seasonal effective March 12 – August 10, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    3-D   REPORTS

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

  • William P. Czuprynski, Code Enforcement Officer’s report for February 2007 received and filed.

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


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    West Seneca, NY 14224 March 12, 2007
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    ISSUES OF THE PUBLIC

    DISCUSSION OF ISSUES BY BOARD MEMBERS

    Paula Minklei, Orchard Park Road, suggested that the board members discuss issues at the Town Board meetings rather than in private so the public is aware of their thinking. She attends Town Board meetings to be aware of what the Town Board is doing and it was frustrating to her that issues were passed without discussion, other than when a public hearing is held. Mrs. Minklei thought that the Town Board might be missing valuable input from the community by keeping their thinking and discussions to themselves.

    Supervisor Clark thought that Mrs. Minklei might be misjudging the purpose of a Town Board meeting, which was to conduct business, to take actions, and vote on matters before them. He had conversations on town business with several people each day, but the Town Board meeting was not the forum to discuss each and every item of business.

    Mrs. Minklei understood but thought the public should be aware when the board members were thinking of changing things in the community, changing codes, or bringing in developers for the Seneca Mall or industrial park. She questioned the criteria for bringing businesses into the industrial park and stated that she does not know who to vote for if she doesn’t know how they think on issues. Mrs. Minklei further questioned what the Town Board planned to do at the Seneca Mall, what their thinking was on this issue, what changes they were hoping to make, and what kind of moves they were making in this direction.

    Councilman Osmanski stated that the town did not own the Seneca Mall, so they could not force its development, but they were talking about making Pyramid clean up the property and abide by the Town Code.

    Mrs. Minklei hoped that the Town Board was planning to make changes in the Zoning Ordinance with regard to building sizes, etc., but she wanted to hear it discussed and not hear it after the fact.

    Councilman Osmanski noted that most of the time Supervisor Clark was contacted about a development within the town, he had a confidentiality with the developer not to disclose the information. He referred to the Home Depot on Ridge Road that was originally slated for the Seneca Mall, but another developer heard about it and showed them a cheaper sight on Ridge Road and they located there. Councilman Osmanski thought that confidentiality was an important factor.

    Mrs. Minklei stated that they did not have to talk about confidential issues, but they could talk about general ideas. She suggested that the Zoning Ordinance specifically define what can locate at the Seneca Mall site.

    Councilman Bove stated that she had been speaking with Consultant Drew Reilly on a consistent basis and he would be sending her sample ordinances that other municipalities in New York might have used to successfully hold commercial property owners accountable for what happens to the property if nothing is developed. Councilman Bove stated that she had been working with Mr. Reilly for a couple of months, but it was taking a lot of time.

    STATUS OF GASLIGHT CONVERSION ON GARRY DRIVE

    Amy Carpenter, 406 Woodward Crescent, questioned if the lights on Garry Drive were on.

    Councilman Graber stated that NYSEG had energized the lights, but he did not know if they were on. Fifteen lights were not working and he told Siemens that this was their No. 1 priority. Their No. 2 priority was to finish landscaping in all the lighting districts as soon as the weather broke. The minor issues would be addressed after that.


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    West Seneca, NY 14224 March 12, 2007
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    ISSUES OF THE PUBLIC

    STATUS OF GASLIGHT CONVERSION ON GARRY DRIVE    (continued)

    Ms. Carpenter stated that a number of years ago the residents had suggested that the Town Board follow up at a subsequent meeting on issues raised by the public, but this was never done. She thought it would be beneficial to report on the progress made on these issues. Ms. Carpenter also noted that a number of Town Boards had working meetings scheduled throughout the year, but the West Seneca Town Board scheduled work sessions at the last minute so the public could not plan to attend. She understood that the public could not participate in the work session, but it would be a way for them to see the Town Board discuss issues and make decisions.

    Supervisor Clark noted that the Town Board did not make decisions at work sessions and many of them were executive in nature because of the subject matter. They did comply with the Open Meetings Law.

    STATUS OF AMENDMENT TO ELECTRICAL INSPECTION ORDINANCE

    Frank Boncore, 250 Heather Hill Drive, referred to the use of Commonwealth as an electrical inspector for the town and stated that everything that was asked for was furnished. The amendment to the Town Code was supposed to take effect March 1st, but to date the New York Board of Fire Underwriters still had a monopoly on electrical inspections in town. Mr. Boncore felt that there were two sets of rules in town – one for the New York Board of Fire Underwriters and another for Commonwealth - and he did not believe this was fair.

    Councilman Osmanski stated that a year ago the Town Board had asked Code Enforcement Officer William Czuprynski to put together a plan and proposal on how to do electrical inspections. Mr. Czuprynski developed a plan and the Town Board thought it was a good one, but the person he had suggested to be part of the plan did not want to be involved in it, so the plan fell apart. The subsequent plan was to amend the Town Code to allow more than one electrical inspection company and the Town Attorney’s office was given a couple of months to put it together properly. Unfortunately, Mr. Czuprynski was getting different feedback from New York State as to what should be required. Town Attorney Timothy Greenan and Mr. Czuprynski were working on that so that everyone was on the same playing field and they would get a high level inspection from everybody.

    Mr. Greenan stated that he had asked Mr. Czuprynski to put the requirements for the electrical inspectors in writing and make sure it was uniform. If training is required, then both Commonwealth and the New York Board of Fire Underwriters will have to comply. No one will be grandfathered in.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    TITLE CHANGE FOR DONALD RACZKA TO HIGHWAY MEO

    Motion by Councilman Graber, seconded by Councilman Osmanski, to terminate Donald Raczka, as Highway Laborer and appoint Donald Raczka as Highway Motor Equipment Operator at a rate of $22.06 per hour, Group 2, Step 5, effective March 13, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    SEASONAL STATUS FOR PUBLIC SAFETY DISPATCHER RICHARD GALLI

    Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Public Safety Dispatcher Richard J. Galli to part-time seasonal effective March 1 – 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    REIMBURSEMENT OF REFEREE FEES FOR LITTLE LOOP FOOTBALL

    Town Attorney Timothy Greenan stated that West Seneca Little Loop Football had requested reimbursement of their referee fees and it was scheduled to be addressed at a later Town Board meeting. However, they were present at this meeting so he suggested that the Town Board act on this item at this time.

    Motion by Supervisor Clark, seconded by Councilman Bove, to authorize reimbursement of referee fees for West Seneca Little Loop Football in an amount not to exceed $4000.

    Ayes: All Noes: None Motion Carried

    PUBLIC HEARING FOR BILLBOARD ORDINANCE

    Motion by Councilman Osmanski, seconded by Councilman Bove, to schedule a public hearing for April 23, 2007 at 7:30 P.M. to consider a billboard ordinance.

    Ayes: All Noes: None Motion Carried

    PUBLIC HEARING FOR SITE PLAN REVIEW ORDINANCE

    Motion by Councilman Osmanski, seconded by Councilman Bove, to schedule a public hearing for April 23, 2007 at 7:30 P.M. to consider a site plan review ordinance.

    Ayes: All Noes: None Motion Carried

    UPDATE ON CAT NUISANCE PROBLEM

    Town Attorney Timothy Greenan referred to the issue with stray cats on Dwyer Street and stated that he had discussed this with Code Enforcement Officer William Czuprynski and Animal Control Officers William O’Neil and Alan Kerner. Mr. Czuprynski stated that his office would have no jurisdiction over this because it was an outdoor issue involving wild cats, and they only had jurisdiction over property and property owners. Mr. O’Neil and Mr. Kerner were aware of the situation but stated that the Town Board had not passed any ordinance that enabled them to deal with the regulation of cats and under New York State Agriculture and Markets Law they were not entitled to do anything with cats. If they did have to deal with cats in town they would need an additional officer because of the number of cat related issues. Mr. Greenan had communicated this information to the Lickfeld’s on Dwyer Street and referred them to the SPCA and two agencies that dealt with feral cats. Those agencies would accept trapped animals, but the Lickfeld’s would have to trap them, not the town, and Mr. Lickfeld was not happy with that.


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    Page eleven . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    SUPPORT OF FUNDING FOR FIRE TRAINING FACILITY

    Supervisor Clark noted that there was a capital project very much needed with respect to the fire tower and training facility on Broadway in Cheektowaga. He understood that the County Legislature had approved construction over a period of time, but the Control Board has been holding up the project, although they had suggested a financing route that does not significantly alter the proposed four year financial plan. Supervisor Clark suggested that the Town Board go on record in support of this capital project.

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to respectfully request the Erie County Control Board to expedite, if at all possible, the request for funding for the badly needed fire training facility and capital project.

    On the question, Supervisor Clark asked that Town Clerk Patricia DePasquale forward a copy of this motion to the Control Board.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:15 P.M.

    Ayes: All Noes: None Motion Carried





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    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK