PROBLEMS OF THE PUBLIC

SNOW REMOVAL ON SIDEWALKS    (cont'd.)

Town Attorney Tim Greenan stated that last spring his office and the Town Board members had been approached by Voice West Seneca with concerns over snow removal on sidewalks within the town. They were questioned as to who was responsible for the snow removal and what steps the town could take to encourage that the sidewalks be kept clear for pedestrian traffic. Mr. Greenan reviewed the sidewalk ordinance, and although it required that people maintain their sidewalks, it was not specific with regard to sidewalks that abut their property along the street. An amendment to §92-4(c) was proposed that required "the owner/occupant of any premises fronting or abutting any street or highway shall repair, keep safe, and maintain any sidewalk abutting the premises and keep it free and clear from snow, ice, dirt, or other obstruction. All trees, shrubs, plants, or other vegetation must be cut back to a height of eight feet directly above the surface of the sidewalk. Any such owner/occupant shall be liable for injury or damage by reason of the omission or failure to repair, keep safe and maintain such sidewalk or to remove snow, ice, dirt, or other obstructions therefrom, or negligence in performing those functions." Mr. Greenan recommended this amendment to the board and stated that historically the town did not plow the sidewalks, and if they were to take on that responsibility, town taxes would increase. A number of citizens spoke at the August 20th and September 17th public hearings on this issue and Mr. Greenan was asked to assemble the comments and report back to the board with a recommendation. An advisory committee was formed and met to discuss the issue. They agreed that public safety was the major concern, but they would need to decide who would be responsible for clearing the sidewalks. Mr. Greenan advised the committee that the town could not take responsibility just for the Union Road corridor without taking responsibility for the entire town. They discussed the possibility of creating a special district wherein the town would be responsible, but the special district would pay the cost. Business owners were willing to contribute some additional tax burden for Union Road, but they wanted to know what the cost would be. Mr. Greenan had also suggested that Voice West Seneca attempt to raise funds to buy the equipment and lessen the cost of the special district. When the committee met again on December 6th, there appeared to be no willingness from the business owners to petition for a special district or from Voice West Seneca to raise funds for the equipment. Mr. Greenan informed the committee that he would be recommending to the board members that they adopt the amendment to the ordinance as proposed on August 20th. Some of the board members had specific concerns about enforcement of the ordinance, knowing some of the problems that people along Union Road experienced. Under the Property Maintenance Ordinance, Building Inspector Bill Czuprynski was the enforcement officer. His office would respond to a citizen complaint, but Councilman Wroblewski had requested that they act in a proactive way in enforcing the ordinance. After receiving a complaint, he suggested that Mr. Czuprynski talk to the property owner or occupant to ensure that they were aware of the terms of the ordinance, and request that they voluntarily clear the walk. The board members also discussed the possibility that a property owner or occupant might have difficulty clearing the sidewalk because of some impediment or disability. In that case, there were other resources within the town such as AmeriCorps, the Highway Department, or community groups like Voice West Seneca to assist those who were having difficulty shoveling their walk.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt an amendment to §92-4(c) of the Property Maintenance Ordinance with the addition of the following: "The owner/occupant of any premises fronting or abutting any street or highway shall repair, keep safe, and maintain any sidewalk abutting the premises and keep it free and clear from snow, ice, dirt, or other obstruction. All trees, shrubs, plants, or other vegetation must be cut back to a height of eight feet directly above the surface of the sidewalk. Any such owner/occupant shall be liable for injury or damage by reason of the omission or failure to repair, keep safe and maintain such sidewalk or to remove snow, ice, dirt, or other obstructions therefrom, or negligence in performing those functions."

On the question, Councilman Osmanski thought that the amendment was consistent with how property maintenance was handled with regard to property owners cutting grass and maintaining their property. Financially the town could not take on the responsibility for the entire town, and it would be discriminatory to only do the Union Road sidewalks. The amendment would require that property owners clear their own sidewalks, but there were always outstanding circumstances and the town would make every effort to assist those who needed help.

PROBLEMS OF THE PUBLIC

SNOW REMOVAL ON SIDEWALKS    (cont'd.)

Jeanette Pettibone, 179 Ehinger Drive, complimented Mr. Greenan on his work on this issue and thought that the amendment was a step in the right direction for improving the aesthetic appearance of the town during the winter months. Although this would create a hardship for some, she hoped the residents would comply with the ordinance. Mrs. Pettibone noted that safety was the main issue, and the only way it could be guaranteed was if the town followed through on enforcement of the ordinance. Voice West Seneca would be spreading the word to be neighborly friendly and assist those who needed help with snow removal. She hoped that everyone would have patience in the beginning and show a caring spirit, but also hoped that the town would do its part in policing the ordinance. Mrs. Pettibone further commented that through her involvement in the advisory committee for this issue, she had the opportunity to meet William Graser of William's Florist and she found him to be a most pleasant person. He was very nice to work with and informed the committee that he had purchased the equipment necessary to outwit the state's snowplows.

Mrs. Wrobel thought that the amendment was discriminatory against the Union Road residents and businesses rather than the subdivisions because that was where the snow was piled so deep. She further questioned how other towns dealt with this problem and thought that they plowed the sidewalks for the residents.

Supervisor Clark responded that it was unusual for a town to plow the sidewalks, but some of the villages performed this service for their residents.

Rev Ralph Anderson, 633 Main Street, commented on the number of people who walk in town, especially in the area of Union Road and Main Street. He questioned if the new ordinance would require property owners to also make any necessary repairs to the sidewalks abutting their property.

Mr. Greenan advised that the property owner would be responsible, but the Highway Department had a list of existing repairs in town that they did on an annual basis. Damage caused by a situation such as a tree root in the public right-of-way would be something that the Highway Department would do. The new ordinance was specific with regard to the responsibility of the owner/occupant.

Supervisor Clark stated that in the interest of general public safety, the town intended to continue to try to help people and do as much sidewalk work as they could afford to do.

Rev. Anderson questioned the ordinance with regard to vacant lots, absentee landlords, etc. and state owned bridges.

Mr. Greenan advised that the ordinance placed responsibility on the property owner or occupant. He understood that the state's primary responsibility was to clear state roads. After that, they would go back over the roads and attempt to clear the bridges for pedestrian traffic.

Mary Lou Dietrich, 156 Bellwood Avenue, questioned if property owners would receive notification of the ordinance and referred to situations such as Friendly Ice Cream that was vacant and the property owner was out-of-town.

Supervisor Clark responded that the ordinance would be published in the West Seneca Bee, and he hoped that the Buffalo News would also publicize it. Violators of the ordinance would be notified directly and promptly as needed.

Joanne Peters, 99 Azalea Drive, stated that about three months ago the town dug up her yard and sidewalk due to a sewer problem. She questioned who would be responsible if someone were to fall into the hole that was left.

Town Engineer George Montz stated that they normally just lay stone down in the winter until the warm weather arrived. If the situation was real bad, they could set a steel plate across the area.

PROBLEMS OF THE PUBLIC

SNOW REMOVAL ON SIDEWALKS    (cont'd.)

Patricia Pfohl, 1050 Center Road, stated that she was born and raised in West Seneca and never had a problem walking because people didn't shovel their sidewalks; however, she commented on the visibility problem that shrubs created when they were allowed to grow too big at street corners.

Councilman Osmanski responded that this type of situation was already enforced and anything larger than three feet was considered a fence.

Mr. Czuprynski requested that the proposed amendment also include driveways so that the portion between the sidewalk and street was also shoveled and maintained by the property owner.

Mr. Greenan thought that Mr. Czuprynski's proposed change would require the amendment to be republished. The intent of the amendment was to provide a pathway along the street for pedestrians and he thought the amendment was sufficient. Mr. Greenan stated that he would put Mr. Czuprynski's suggestion in the file so it could be included in the future when another change was made.

Jim Bove, 11 Willowdale Road, questioned the cost to the taxpayers for enforcement of this ordinance.

Supervisor Clark did not believe that enforcement would cost the taxpayers any additional money. The only cost might be for overtime in the Building Inspector's office for enforcement.

Mr. Bove questioned the need for this ordinance and thought that it would cause problems between neighbors and also create undue hardship on a number of residents with possible lawsuits.

Mr. Greenan stated that because this issue was raised, they had to make it clear whose responsibility it was to clear the sidewalks, and a typical homeowner's insurance policy would protect the property owner if a lawsuit occurred. During times of heavy snow when Union Road was impassable, people should not be walking on the road or sidewalks and should find other means of transportation, possibly through a community group such as Voice West Seneca. Mr. Greenan advised that without a statute in place, the law generally required that people use ordinary care and act in a reasonable fashion and it would not be reasonable for someone to walk in Union Road. It was not lawful for a pedestrian to walk in Union Road and it was extremely dangerous. In the event that someone wanted to walk along Union Road after a recent snowfall or after the plows went through, instead of walking in the road or trying to walk along the sidewalk, they should find an alternative method of getting to their destination.

Edretta Lehman, 83 Greenhill Terrace, commented on the number of times she drove down Union Road and had to dodge people walking in the middle of the street, but if the sidewalks were cleared they could be walking there instead of in the road. She thought that the town should take care of the Union Road sidewalks and residents of the other streets would take care of their own.

Mrs. Wrobel suggested that a flyer be placed in each property owners' tax bill to make them aware that this ordinance was now official and they would be responsible for clearing their sidewalks.

Supervisor Clark responded that they had previously looked into inserting flyers in tax bills and were not permitted to do so. Addition of the flyer could also possibly add enough weight to the tax bill that the postage would be increased.

REQUEST FOR SIDEWALKS ON HARLEM ROAD

Mary Lou Dietrich, 156 Bellwood Avenue, commented on the new bike park on Harlem Road and questioned if there were any intentions of putting sidewalks on Harlem Road. She thought that safety issues would arise with kids riding their skateboards to the park.

Supervisor Clark stated that he would submit a request for sidewalks on Harlem Road to the state for their consideration.

PROBLEMS OF THE PUBLIC

REST ROOMS AT BELLWOOD PLAYGROUND

Mary Lou Dietrich, 156 Bellwood Avenue, stated that the doors to the lavatories at Bellwood Playground faced Harlem Road. She thought this was a safety problem because people traveling on Harlem Road could easily see the lavatories and might stop there while kids were there. Mrs. Dietrich suggested that the entrance to the lavatories be changed to face the park instead of Harlem Road.

Supervisor Clark thought that for security and police patrol purposes the entrance should face a higher traffic public area.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

EXTENSION OF BASE SALARY BENEFITS TO OFFICE PRATT ON ACTIVE DUTY

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the extension of base salary benefits minus military pay, through January 4, 2002 to Police Officer Timothy Pratt during his call up to active duty for the United States Coast Guard, and continue full medical benefits during this period, noting that Police Officer Pratt was scheduled to conclude his active duty in service to our country during the war on terrorism in operation "Enduring Freedom", on that date.

ATTENDANCE OF OFFICER PRATT AT DARE SEMINAR

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Police Officer Timothy Pratt to attend the DARE Elementary Component Instructor Seminar from January 7 - 18, 2002 in Rochester, NY, at a total cost not to exceed $300.00, noting there were sufficient funds in the police training courses line item to cover this expense.

PURCHASE OF LAPTOP MOBILE DATA TERMINALS

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of five (5) Panasonic Toughbook model 28 laptop mobile data terminals with backlit keyboard from TDN, Technology Distribution Center, 1000 Young St, Tonawanda, NY under state contract #PT56854 at $4,411.00 each, for a total cost of $22,055.00, noting there were sufficient funds in the various police equipment line item to cover this expense.

ATTENDANCE OF OFFICER MORANO AT LAW ENFORCEMENT SEMINAR

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Police Officer Kenneth Morano to attend the Youth, Gangs, Guns and Drugs Seminar for Law Enforcement January 8th, 9th and 10th, 2002 in Oswego, NY, at a total cost not to exceed $350.00, noting there were sufficient funds in the police training courses line item to cover this expense.

ACCEPTANCE OF ROADS AND MILEAGE IN SUNSET CREEK SUBDIVISION

Motion by Councilman Hicks, seconded by Councilman Osmanski, to accept the roads and mileage in the Sunset Creek Subdivision consisting of Sunset Creek Drive, 2255 feet; Park Meadow Drive, 1545 feet; and Brook Lane, 1450 feet.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TITLE CHANGE FOR ROBERT SMITH TO HEAVY EQUIPMENT OPERATOR

Motion by Councilman Hicks, seconded by Councilman Graber, to terminate Robert Smith as Highway Motor Equipment Operator and appoint Robert Smith as Heavy Equipment Operator, Group 5, Step 5, at a rate of $19.47 per hour, effective December 17, 2001, as per the Blue Collar Contract, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

UNSAFE BUILDING ON EDSON STREET

Councilman Graber referred to Building Inspector Bill Czuprynski a situation at 150 Edson Street. A fire destroyed this home during the summer and it was boarded up for the last six months. Councilman Graber thought the property owner should be notified to either repair the house or have it demolished.

Town Attorney Tim Greenan advised that there was an existing ordinance that addressed unsafe buildings and Mr. Czuprynski had the authority to order that a building be demolished.

TOWN BOARD MEETINGS SCHEDULED

Supervisor Clark announced the Town Board meetings for the first quarter of 2002:

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:30 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC

TOWN CLERK