West Seneca Town Board Meeting Minutes 03/31/2008
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. 6-A MINUTES TO BE APPROVED
6-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 HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 68 SCHOOL STREET FOR A VINYL GRAPHICS BUSINESS” in the Town of West Seneca, be received and filed. (Edward Santoro)
Motion by Councilman Graber, seconded by Councilwoman Bove, to open the public hearing.
Edward Santoro, 68 School Street, appeared on the request for a home occupancy permit to operate a vinyl graphics business. Councilwoman Bove asked the petitioner to confirm that a sign would not be placed on the property now or in the future. Mr. Santoro stated it was not his intention to have a sign at this time and did not think he would have one in the future. Councilwoman Bove asked the petitioner to explain his plans for advertising the business. Mr. Santoro stated that this business was run on a small scale basis and he did not advertise other than a couple of radio stations. He took orders over the phone and had a website for processing. Mr. Santoro made deliveries and customers did not normally come into the store. Councilwoman Bove stated it was her understanding that the lot next to the subject property was vacant with a farm on the other side, and this type of business would have no impact on the neighborhood. Councilwoman Bove commented that according to the Comprehensive Plan, the business would not change the character of the neighborhood. She noted that the space used for the business could not exceed 25 percent of the total area and questioned if Code Enforcement Officer William Czuprynski had reviewed the plan to ensure that the space used did not exceed that percentage.
6-B LEGAL NOTICES 1. (continued) Mr. Czuprynski stated that the first plan submitted did not have dimensions and he had not yet reviewed the revised plan. The Town Board could grant the home occupancy conditioned upon his review of the revised plan to ensure that it clearly showed the 25 percent of the home to be used for the intended business. The main character of the house had to remain residential, and the permit could be rescinded in the event the petitioner exceeded the 25 percent at any time. Councilwoman Bove questioned if the permit had to be renewed each year. Mr. Czuprynski stated that home occupancy permits expired on December 31st and had to be renewed each January with a $100.00 renewal fee. Councilwoman Meegan questioned the use of the driveway for parking and whether there would be UPS deliveries. Mr. Santoro stated that there would be some deliveries, but he anticipated minimal parking since most orders would be taken over the phone and he made deliveries. No comments were received from the public. Motion by Councilman Graber, seconded by Councilwoman Bove, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a home occupancy permit for property located at 68 School Street for a vinyl graphics business, conditioned upon approval by the Code Enforcement Officer of the revised plan reflecting the intended business to be less than 25 percent of the gross area of the residence.
*APPENDICES* 2. 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 SPECIAL PERMIT FOR PROPERTY LOCATED AT 64 OLD FRENCH ROAD, BEING PART OF LOT NO. 6, CHANGING ITS CLASSIFICATION FROM R-100A TO R-100A(S), FOR A CEMETERY” in the Town of West Seneca, be received and filed. (St. Matthew’s Cemetery)
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Gary Rich, St. Matthews Cemetery, and David Ward, a landscape architect with Grever & Ward represented St. Matthews Cemetery. Councilwoman Bove stated that she had spoken with Town Engineer George Montz on the project with regard to drainage and storm water and noted that the Landscape Architect for the cemetery had submitted a well drawn plan. The plan called for an extension of the existing cemetery and it was a natural fit for the area. She noted that the cemetery expansion included two lots, or 4.76 acres. /p>
6-B LEGAL NOTICES 2. (continued) Mr. Rich stated there was also a side lot acquired last year that was part of the cemetery and provided a 50 ft access. Councilwoman Bove commented that the extension fit in well with the Comprehensive Plan and did not involve the construction of buildings. The only improvements to the property involved the grading and proposed curb cut on French Road. The project would have no significant impact on the neighborhood and the Planning Board recommended a special use permit be issued by the Town Board. Councilman Graber questioned whether fill was being brought in. Mr. Ward stated that fill had been brought in and was stockpiled, and they had received a NYS SPDE’s permit for stormwater pollution prevention in June 2007. Since the Planning Board meeting, they also received the fill permit and the highway permit for connecting the road. No comments were received from the public. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a special permit for property located at 64 Old French Road, being part of Lot No. 6, changing its classification from R-100A to R-100A(S), for a cemetery.
*APPENDICES* 3. Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS, AND IF NEED BE, ACT UPON LOCAL LAW NO. 1, TAXATION, OF THE WEST SENECA CODE, TO PROVIDE FOR A VETERAN’S EXEMPTION KNOWN AS THE COLD WAR VETERAN’S EXEMPTION, IN ACCORDANCE WITH SECTION 458-b OF THE REAL PROPERTY TAX LAW, FOR RESIDENTIAL PROPERTY OF VETERANS WHO SERVED DURING THE COLD WAR” in the Town of West Seneca, be received and filed.
Motion by Councilman Graber, seconded by Councilman Clarke, to open the public hearing.
Town Attorney Edwin Hunter stated that if approved, this Local Law would be added to the Town of West Seneca Code and would provide an exemption on real property taxes for certain veterans that served during the Cold War period from September 1945 through December 1991. The exemption will be 10 percent of the assessed valuation up to $8000 and an additional exemption if it involved a disability. The exemption was not automatic; property owners must apply for it. Veterans that currently had an exemption would not qualify for an additional exemption. This was not an exemption from school taxes, but the exemption would apply to both town and county taxes. Mr. Hunter noted that Town Assessor Edward Toy informed him that there were not a significant number of eligible property owners, so it should not affect the town’s tax base.
6-B LEGAL NOTICES 3. (continued) Councilman Clarke commented that this was long overdue for the veterans that served during the Cold War. Councilwoman Meegan also commented that the veterans were well deserving of this exemption, and she questioned if those that served in the National Guard and Reserves were eligible. Mr. Hunter assumed that the exemption would apply to anyone that was on active duty. The eligibility requirements would be spelled out for those veterans that apply for the exemption. Councilwoman Meegan stated that the eligibility requirements and necessary documents would be listed on the town’s website when they become available. No comments were received from the public. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilwoman Meegan, seconded by Councilman Graber, to a adopt Local Law No. 1 of the year 2008, Taxation, to provide for a veteran’s exemption known as the Cold War Veterans Exemption, in accordance with Section 458-b of the Real Property Tax Law, for residential property of veterans who served during the Cold War.
*APPENDICES* 6-C TABLED ITEMS 1. Resignation of Barbara Wagner Motion by Councilwoman Meegan, seconded by Councilwoman Bove, to remove this item from the table.
Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to receive and file this item.
2. Computer upgrades in Code Enforcement Office Remained on the table. 3. Addition of shelf in courtroom Remained on the table.
6-D COMMUNICATIONS 1. Supervisor Piotrowski re N.E.S.T. Solid Waste Management Board annual dues Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2296 to N.E.S.T. (Northeast-Southtowns Solid Waste Management Board) for the Town of West Seneca’s annual membership dues for 2008.
2. Council Members Graber & Meegan re Legislation prohibiting text messaging while driving Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt the attached resolution memorializing New York State to enact legislation to prohibit text messaging while operating a motor vehicle.
On the question, Motion by Councilman Clarke, seconded by Councilwoman Meegan, that the resolution be amended to show sponsorship by the entire West Seneca Town Board. On the question, Councilwoman Meegan noted that Kelly Kline, the mother of A.J. Larson who was killed in an automobile accident last year, was present at this meeting and was working to get this legislation adopted. Text messaging was determined to be a factor in her son’s crash and Councilwoman Meegan had suggested to the state legislature that the proposed law be referred to as the Larson Law. She commended Mrs. Kline for working so diligently through such sorrow. Councilman Graber stated that the state legislature passed a law making it illegal to talk on a cell phone, and text messaging was a much bigger distraction from driving than talking on the phone. He commented that many people still talk on the phone while driving and thought that it was well known that the law was not really enforced. Councilman Graber suggested that the Town of West Seneca take the lead and step up enforcement of the cell phone laws. Chief Gehen responded that the law states that the cell phone has to be in the proximity of the driver’s ear to be enforceable. He suggested that along with prohibiting text messaging, the current law be amended to prohibit drivers from even holding a cell phone. Councilwoman Bove expressed her sorrow to Mrs. Kline on the loss of her son and stated that when the accident occurred, she called her son in California and encouraged him not to text message while driving a vehicle.
*APPENDICES* 3. Council Member Meegan re Rate increase for part-time Van Driver John McCartan Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a rate increase of $.50 per hour for part-time Van Driver John McCartan effective January 29, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. McCartan has completed the 1400 hour requirement for this increase.
6-D COMMUNICATIONS 4. Town Engineer re Drilling services proposal from SJB Services Inc. Motion by Councilman Graber, seconded by Councilwoman Bove, to approve the proposal of $2550 from SJB Services, Inc. for providing drilling services and reports for the summer projects.
5. Highway Supt. re Title change for Gary Schreiner to Highway MEO Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Gary Schreiner as Working Crew Chief and appoint Gary Schreiner as Highway MEO, Group 2, Step 5, at a rate of $22.72 per hour, effective March 31, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3400 to Osinski Plumbing for watermain work at the Senior Citizens Center and $2200 to Gerster/Trane for the annual service agreement on equipment at the Ice Rink.
7. Chief Gehen re Attendance of Officers Pratt & Burkley at Magloclen training conference Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Police Officers Tim Pratt and Jill Burkley to attend the Magloclen training conference, April 21 – 25, 2008 in Atlantic City, New Jersey, at a cost not to exceed $1437.84, noting that transportation, tolls, parking and one (1) hotel room expense are covered by the Magloclen organization. On the question, Councilwoman Bove commented that training was extremely important to police officers who must be prepared for any future challenges.
8. Chief Gehen re Buyout purchase of leased Trailblazer Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the buyout purchase of the Police Department’s leased 2004 Chevrolet Trailblazer, VIN #1GNDT13S4412125743, from Gillogly Chevrolet, 1777 Union Road, at a cost of $11,500.
9. Chief Gehen re Increase of confidential fund Motion by Councilman Graber, seconded by Councilwoman Meegan, to increase the confidential fund for the West Seneca Police Department to $2500.
10. Chief Gehen re Retirement of Mike Farrell as Public Safety Dispatcher Motion by Councilman Graber, seconded by Councilwoman Meegan, to table the resignation of Mike Farrell as Public Safety Dispatcher.
6-D COMMUNICATIONS 11. Chief Gehen re Status change for part-time Public Safety Dispatcher D. Koehler to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher David Koehler to part-time seasonal effective March 1 – 31, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Chief Gehen re Status change for part-time public safety Dispatcher J. Kavanaugh to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher James Kavanaugh to part-time seasonal effective April 1 – 30, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Town Clerk re Amusement license for Southgate Plaza Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve an amusement license for Southgate Plaza Inc. for May 23 – 26, 2008.
14. Code Enforcement Officer re Purchase Requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $4758.90 to Biel’s Microfilm for microfilming services.
15. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3387.70 to Laux Sporting Goods for softballs and bases.
6-E REPORTS ISSUES OF THE PUBLIC RUFFINO’S SIGN ON SENECA STREET Michael Lowe, Southgate Drive, commented on the Ruffino’s sign on Seneca Street that was lying on the ground since the wind storm two to three months ago and questioned when it would be cleaned up. Asst. Code Enforcement Officer Robert Pinnavaia stated that he would check on this situation.
ISSUES OF THE PUBLIC RESIDENT QUESTIONS USE OF CONFIDENTIAL FUND Amy Carpenter, 406 Woodward Crescent, referred to Item #9 on the agenda and questioned what the confidential fund was used for. Chief Gehen responded that the confidential fund was utilized in the course of investigations to make buys or provide money to confidential informants. Additional funds were necessary due to an increase in drug enforcement activities. RESIDENT QUESTIONS TITLE CHANGE FOR EMPLOYEE PRIOR TO RETIREMENT Amy Carpenter, 406 Woodward Crescent, referred to Item Nos. 5-C3 and 5-C11 at the last Town Board meeting. She questioned why Lynn Burgess was given a title change when he was retiring and if his retirement benefits were based on his salary after the title change. Highway Supt. Patrick Finnegan stated that Mr. Burgess was the senior bidder for the position of Highway HEO and was given the title change even though he was only in the position for the rest of the month. This was done in accordance with the union contract. Ms. Carpenter suggested that this be changed with the next union contract.. STATUS OF NOISE ORDINANCE Amy Carpenter, 406 Woodward Crescent, questioned the status of the Noise Ordinance. Councilwoman Meegan stated that she has been working with Deputy Town Attorney Paul Notaro, Chief Gehen, and Code Enforcement Officer William Czuprynski and they should be prepared to discuss this issue at the April 14th meeting. STATUS OF REQUESTS FOR PROPOSALS FOR ENERGY SUPPLIER Amy Carpenter, 406 Woodward Crescent questioned the status of the requests for proposal from the town for an energy supplier. Town Attorney Edwin Hunter stated that he had spoken with Councilman Graber on this issue and he was attempting to retrieve the information from former Town Attorney Timothy Greenan. Councilman Graber would then forward that information to Mr. Hunter before the fall of this year so they would have an energy supplier in place for the next heating season. Councilman Graber stated that there were 26 brokers available for the town to request proposals for supplying energy. Ms. Carpenter asked for periodic updates on this issue. UPDATING TOWN ORDINANCES Amy Carpenter, 406 Woodward Crescent, referred to a recent Zoning Board meeting and an issue involving an interpretation made by Code Enforcement Officer William Czuprynski. The language in the ordinance was not helping the Code Enforcement Office follow through with the Master Plan. Ms. Carpenter questioned whose responsibility it was to ensure that the Planning Board and Zoning Board had current rules that followed the Master Plan and that the ordinances were updated on a systematic and regular basis.
ISSUES OF THE PUBLIC UPDATING TOWN ORDINANCES (continued) Supervisor Piotrowski responded that they were all bound by the current Town Code, but the Town Board was committed, along with the Engineering Department and Code Enforcement Office, to review the code and update it. The Town Code was originally adopted in 1961 and needed to be updated. Supervisor Piotrowski stated that the Town Board was diligently reviewing each of the departments in town. They were having regular Work Sessions and it would take them at least a year to get through everything, but they were intent on doing so. The Work Sessions, other than personnel issues, were posted and open to the public. TOWN BOARD THANKED FOR SUPPORT OF TEXT MESSAGING LEGISLATION Kelly Kline, A.J. Larson’s mother thanked the Town Board for adopting the resolution concerning text messaging. She understood the law may be difficult to enforce, but she appreciated the Town Board’s support on this issue. Chief Gehen stated that he had met with Mrs. Kline throughout the accident investigation and she showed exceptional courage to go forward and push for passage of the legislation on text messaging. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS DIRECTOR OF SENIOR SERVICES INTERVIEWS Councilwoman Meegan noted that next Monday they would be starting to interview for the Director of Senior Services position at the Senior Citizens Center. PURCHASE OF RECORDING SYSTEM IN POLICE DEPARTMENT Motion by Councilwoman Meegan, seconded by Councilman Clarke, to authorize the purchase of one (1) NCF3C-24, 24 channel NiceCall Focus III bundle recording system from Mac Source Communications, Inc., 701 Erie Blvd., West Syracuse, NY 13204, at the NYS Contract price of $22,500.00, noting that this price includes installation and one (1) year maintenance.
ELIGIBILITY FOR COLD WAR VETERAN’S EXEMPTION Town Attorney Edwin Hunter referred to an earlier question on the Cold War Veteran’s Exemption concerning whether National Guard and Reservists were eligible for the exemption and stated that information provided to him specifies that a veteran must have been on active duty, exclusive of training, for at least one year in the United States Armed Forces. CALCULATING BENEFITS UNDER NYS RETIREMENT SYSTEM Councilman Graber referred to an earlier question concerning a title change for Lynn Burgess just prior to his retirement. He noted that retirement for individuals employed under the New York State Retirement System was based on the employee’s highest salary for 36 consecutive months, not on the level they retired at. The title change for Mr. Burgess prior to his retirement probably only impacted his highest 36 consecutive month salary by $150.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS ADJOURNMENT Motion by Councilwoman Meegan, seconded by Councilman Graber, to adjourn the meeting at 8:30 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |