West Seneca Town Board Minutes 05/16/2005
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 -
Absent - None Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. The meeting was dedicated to the memory of Rosemarie Amoia, Catherine Gallivan, and Melvina Schlund. 8-A MINUTES TO BE APPROVED
8-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 1055 UNION ROAD, BEING PART OF LOT NOS. 119 & 120, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR A CAR WASH” in the Town of West Seneca, be received and filed. (David Lutz)
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
8-B LEGAL NOTICES 1. (continued) Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its April 20, 2005 meeting, the Planning Board recommended denial of the request for a special permit for property located at 1055 Union Road, being part of Lot Nos. 119 & 120, changing its classification from C-2(S) to C-2(S), for a car wash based upon the following: 1) the plan does not comply with the proposed Master Plan; 2) the style of the building does not conform with the town center concept; 3) the parking and stacking area is not sufficient to support five bays; 4) the north side yard violates the ordinance; 5) the rear yard abutting residential zoning does not conform with the requirement of a 20-foot buffer zone; 6) the dumpster location violates both the side yard and rear buffer zone and moving the dumpster to the north and west would impede one of the proposed bays and further cut down on the parking and stacking.” Mr. Greenan stated that the majority of property along the east side of Union Road across from Southgate Plaza was zoned C-1, and this location was also zoned C-1 prior to the change in zoning to C-2(S) for a Sunoco gas station. There was some question as to whether the former use of the property as a gas station was discontinued more than one year ago. If it had been, the zoning would have then reverted to the former C-1 zoning and a rezoning and special permit would be necessary for the proposed use. Mr. Greenan noted that since the Planning Board meeting, the applicant had made revisions to the plan to address certain items that were raised there. Jim Lutz, 3459 Lakeview Road, Hamburg, and David Lutz, 5073 Camp Road, Hamburg, stated that the problems specified at the Planning Board meeting had been addressed. The number of bays was reduced from five to three and the self-serve bays were eliminated. The stacking requirement was five spaces per bay, so 15 spaces were necessary and the current plan called for 19 spaces for stacking. With the smaller building, the side lot was changed to 17 feet rather than 3½ feet. The parking lot at the rear was moved forward to allow for a 20-foot buffer and the dumpster was moved forward 20 feet. The existing building would be demolished and a new building constructed. The total cost between the property, building and equipment was approximately $850,000. The three bays would be automatic washes with garage doors to insulate the noise. Mr. Lutz stated that he would like to keep the entrances as they were and have one-way traffic to help eliminate congestion. Customers would enter one side of the property, proceed to the back of the building, enter their money, drive inside the building to have their vehicle washed, and exit on the other side of the property. Building and parking lot lighting would be designed to enhance safety. Mr. Lutz commented that this would be an upscale car wash with all touch-free automatic machines. The cost for a car wash would be $6 to $9. Some of the neighbors concerns were headlights, the rear fence, garbage, noise and traffic. Mr. Lutz was willing to replace the rear fence with any style that the abutting neighbors approved of and that should prevent any headlights from shining in their homes. Landscaping would also be installed to provide additional screening. Most of the garbage problem came from debris blowing across the street from Southgate Plaza, but someone would be at the car wash on a daily basis to clean up the site, empty the garbage, and make sure everything was running properly. Mr. Lutz understood that noise could be a major issue, but a study of the automatic car washes being used showed that the blowers, which were the noisiest part of the procedure, were 64 decibels at 40 feet from the closed garage door. Normal speech was 60 decibels, so the noise would be just above normal speech. With the added 30 feet at the rear, the fence, and the landscaping, Mr. Lutz did not believe that noise would be an issue. The busiest season for a car wash was December thru March, with February being the busiest month, and Mr. Lutz assumed that February was the slowest time for Southgate Plaza. Even at the busiest time, the car wash would only generate 30 vehicles per hour, or one vehicle every two minutes. Mr. Lutz stated that because of the size of the lot and its depth, the options were limited as to its use. He had explored the possibility of remodeling the existing building for use as an office or retail store, but this was not feasible considering the amount of rent that could be charged. Mr. Lutz felt that with the proper building design, lighting and landscaping, the project should fit into the town’s Master Plan. He thought that the car wash would be an asset to the town and noted that he worked with charitable organizations at his other locations and would also do so here.
8-B LEGAL NOTICES 1. (continued) Supervisor Clark referred to Rusiniak’s on Union Road and questioned if the proposed project would be similar to that business. Mr. Lutz responded that the proposed project was very similar to Rusiniak’s and the Mobil station car washes but was a newer version. The only updated version in this area was located in Amherst. Councilman Graber questioned the hours of operation of the business. Mr. Lutz responded that at the Planning Board meeting he had stated that the business would be open 24 hours, and with this major investment he wanted to keep those hours. If there was no business or if the residents requested it, he would definitely close earlier. Councilman Hicks referred to the Planning Board minutes and a comment by Code Enforcement Officer William Czuprynski that water from the car wash was contaminated and would have to go through the sanitary sewer. He questioned how this was addressed. Architect for the project, James Ruggiero, stated that water from the roof and parking area would go through the storm sewer. Water within the facility would go through an oil separator and then to the sanitary sewer. Councilman Bove questioned if there would be an attendant on duty. Mr. Lutz responded that an attendant would be on duty on busy weekends. Councilman Bove referred to the vacuum area and questioned if there was sufficient room for the vehicles to pull out. Mr. Lutz stated that winter was the busiest time for the car wash, but people usually did not use the vacuums in the winter. The vacuums were mainly there for summertime use. He did not believe there would be much traffic in the summer. Mr. Lutz based this on his other two car washes that were located in Amherst and Blasdell. Councilman Osmanski questioned the interpretation of a rapid car wash and the stacking requirement of 30 spaces for one bay with that type of car wash. Mr. Czuprynski advised that the proposed car wash was coin operated, so only 5 spaces per bay were required. Councilman Bove noted that there were three other car washes within two miles of this location and questioned if Mr. Lutz’s other car wash locations had this type of competition. Mr. Lutz responded that there were car washes near his other locations, but his car washes attracted a different type of customer than Delta Sonic, so they were not really competitors. Councilman Graber expressed concern over the quantity of water that would be discharged in Sewer District #13, noting that it was one of the more problematic sewer districts. He questioned how much water would be discharged, especially during the busy season, which was also the thawing season. Mr. Lutz did not have this information available, but would request it from the car wash company. Supervisor Clark questioned if the car wash used new water for all the washes.
8-B LEGAL NOTICES 1. (continued) Mr. Lutz responded that fresh water was used for each car wash. Town Engineer George Montz stated that the town was under a consent order for West Seneca Sewer District #13 and was being requested to minimize sanitary sewer overflows. He did not know what the impact of this car wash would be. Mr. Greenan commented that sanitary sewer overflows occurred basically during storm events, which was not the time when the car wash would be used. Mr. Czuprynski stated that Delta Sonic car wash reused the water and only used a couple gallons of water per car wash. Councilman Osmanski stated that the Town Code only addressed rapid car washes and self-serve car washes. The proposed car wash was somewhere in between those two types, so he thought the stacking requirement would also be somewhere in between the two types of car washes. Mr. Lutz stated that it took about five to six minutes for a car to be washed in his type of car wash. Delta Sonic car washes took only about 15 seconds. Councilman Bove stated that she lived near Southgate Plaza and there were numerous accidents in that area of Union Road. The speed limit was 45 mph and she was concerned that cars stacked on Union Road waiting for the car wash would cause additional problems. Mr. Lutz stated that the car wash would generate less traffic than the gas station that used to be at that location. Councilman Hicks referred to the studies presented by Mr. Lutz and questioned what they were based on. Mr. Lutz responded that the studies were based on traffic flow, other facilities, the car wash manufacturer, and the success of West Seneca businesses. Car washes were one of the few industries that could be cross-merchandised with a lot of other industries, and with new technology it was even easier to track. Councilman Hicks expressed concern over traffic flow especially between the hours of 4:00 PM and 7:00 PM when it was very difficult to make a left turn onto Union Road. He questioned how this would affect Mr. Lutz’s business. Mr. Lutz stated that any business that went into this location would have a traffic problem with Union Road. The proposed car wash would not have stacking like the Delta Sonic Car Washes. Mr. Lutz noted that there was never more than five to six cars stacked at his location on Maple Road. Richard Schadel, 80 Southwood Drive, expressed concern over noise from the car wash disturbing the residential neighborhood. He understood that the door would be open in the summer, so the noise would not be contained in the building, and the doors would be opened and closed with air-operated motors that also made noise. Mr. Schadel referred to the 64-decibel rating of the car wash and noted that he could hear people at the Southgate Plaza after hours when the neighborhood was quiet. He was also concerned about lights shining in his yard. Councilman Osmanski questioned if Mr. Schadel would have a problem with the car wash if the hours of operation were limited to 8:00 AM through 8:00 PM.
8-B LEGAL NOTICES 1. (continued)Mr. Schadel stated that he had visited the Maple Road location where the hours of operation were 6:00 AM through 11:00 PM, but it was located in a small plaza with no neighbors directly behind it. He was opposed to a 24-hour operation, but would not be as opposed to limited hours with some type of noise and lighting barrier. Greg Drabik, 74 Southwood Drive, stated that this Union Road property had not been maintained for a number of years and was a nuisance. He expressed concern over demolishing the building and the dust from construction. Noise from the doors, blowers, and car radios was also a concern. Mr. Drabik was opposed to a 24-hour operation, but thought that limiting the hours, having timers on the vacuums, constructing a higher fence, and planting shrubs would help the situation. Traffic congestion on Union Road was still a concern and he thought that might be the reason that gas stations located there in the past had not succeeded. Mr. Drabik did not really believe that a car wash was the right business for this area. Amy Carpenter, 406 Woodward Crescent, stated that even if the hours of operation were limited there would still be noise from vehicles with loud car radios and mufflers pulling in without realizing that the car wash was closed or thinking that they could still use the vacuums. She further commented on the traffic congestion on Union Road and the number of accidents. Mr. Lutz responded to the comment on loud radios and stated that this would be a problem no matter what kind of business located there. Councilman Osmanski stated that with a normal retail business all the parking was in the front, but with the car wash, vehicles would be waiting at the rear of the property and there would be no control over how loud their radios were. Mr. Lutz understood that the proposed Master Plan called for parking on the side and at the rear of businesses. He further noted that the Maple Road location had residences on the side of it and they did not have any complaints from those neighbors, but the entrance doors at the Union Road location would remain closed. Paula Minklei, 896 Orchard Park Road, referred to the town’s proposed Master Plan and did not believe the Town Board should allow any business to locate in this area of Union Road if the Master Plan called for a certain type of business. Mr. Greenan did not believe the Master Plan called for any zoning changes. The engineering firm that was working on the Master Plan proposed some sort of overlay, but creation of that was at least a year away. The overlay would include details about how the property should look, such as lighting, shrubs, etc., as part of the Union Road Streetscape Project, but at this point they could not tell people that they could not demolish a building or build another building. Joe Kirby, 5 Singer Drive, stated that he was not totally against the project, but commented on the number of accidents in the area. He referred to the number of vehicles that stack on Union Road in front of Tim Horton’s at 8:00 A.M. and was concerned that this would happen at the car wash. Mr. Kirby also commented on the noise from Southgate Plaza that he heard at his home late at night and thought the residents on Southwood Drive would have the same problem with noise from the car wash. Frank Russo, 38 Parkside Drive, referred to the Tim Horton’s on Union Road and the traffic problem there. He did not believe that Tim Horton’s should have been allowed to locate there, but thought that the Town Board should be consistent in their actions.
8-B LEGAL NOTICES 1. (continued)Councilman Osmanski stated that he was on the Town Board when Tim Horton’s was approved, but there was not that many of them in the area at the time and he was unaware of the traffic problem it would create. Councilman Osmanski stated that he would not vote for that project today after knowing the volume of traffic it generated. Fran Owczarczak, 1045 Union Road, stated that his business was located next to the proposed project and he thought there would be a traffic problem no matter what business located there. However, if it was planned correctly it could be an asset to the community and help to lower town taxes. Mr. Owczarczak stated that he was in favor of the project and suggested that Southgate Plaza consider eliminating some of the entrances/exits on Union Road and install some sort of central lighting system. Motion by Supervisor Clark, seconded by Councilman Hicks, to close the public hearing.
Councilman Osmanski questioned how the Town Board would determine when the prior use ceased so they would know whether just a special permit was required or also a rezoning. Mr. Greenan suggested that the Town Board take the position that the prior business had not operated for more than one year and let the proponent prove otherwise. Councilman Osmanski noted that if a rezoning was also necessary, the petitioner would have to reapply. Councilman Hicks stated that based on the piece of property and the area where it was located, he had serious doubts about the traffic flow. He was also concerned about the water flow into Sewer District #13. Mr. Greenan suggested that the Town Board adjourn this public hearing until the next Town Board meeting at which time the current zoning of the property should be clear. Supervisor Clark thought that they had sufficient information to vote on this request; however, he was in favor of people talking between themselves and sharing ideas. He encouraged additional interaction between the petitioner and the neighbors so the board members could reach the right decision. A car wash might not be the appropriate business for this location, but Supervisor Clark stated that something would eventually locate there, or it may remain boarded up and not have a good use. Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn this public hearing until the June 13, 2005 Town Board meeting so the Town Attorney and Code Enforcement Officer could investigate and determine the current zoning of the property and also how to apply the building code for this project with regard to coin-operated or rapid car washes. On the question, Councilman Graber stated that any business that located at the proposed site would have an impact on the traffic. He saw the real issue being noise and suggested that the petitioner work closely with the residents and try to reach a compromise. Supervisor Clark agreed and suggested that vehicles enter the car wash facing east rather than west. Although sensitivity of the neighbors was most important, he commented on the substantial tax revenue benefit this project would bring to the town.
8-B LEGAL NOTICES 2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 512 BULLIS ROAD, BEING PART OF LOT NO. 362, CHANGING ITS CLASSIFICATION FROM M-1(S) TO M-1(S), FOR AUTOMOTIVE SERVICE AND REPAIRS SPECIALIZING IN CUSTOM VEHICLE RESTYLING AND GRAPHIC DESIGN” in the Town of West Seneca, received and filed. (Baird M. Hageman) 3. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORCDINANCE FOR PROPERTY LOCATED AT 2437 BERG ROAD, BEING PART OF LOT NO. 417, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A LANDSCAPE BUSINESS” in the Town of West Seneca, received and filed. (Philip E. Badame) 8-C COMMUNICATIONS 1. Supervisor Clark re Appointment of Paul Notaro as Deputy Town Attorney Motion by Councilman Osmanski, unanimous second, to appoint Paul Notaro as Deputy Town Attorney, effective May 24, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilman Osmanski stated that Paul Notaro was a very good attorney, a gentleman, and a great person to work with. He was very active in the community and the town was privileged to have him as a Deputy Town Attorney. Councilman Bove stated that Mr. Notaro was one of her students 24 years ago. At that time, she never thought she would have the honor of voting for him as Deputy Town Attorney. Councilman Hicks also thought that Mr. Notaro was an excellent choice for Deputy Town Attorney and credited him for his work on the Library Board. Councilman Graber commented that the entire Notaro family was very honorable and he congratulated Paul’s parents on the job they did raising their children. Supervisor Clark stated that his history with the Notaro family began when he became a Rotarian and was Chairman of the Happiness Carnival at the West Seneca Developmental Center. Kiwanis member John Notaro helped him out to make sure the event was a success and Supervisor Clark now looked forward to working with his son as Deputy Town Attorney.
2. Supervisor Clark re Memorial Day parade Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission for the West Seneca Veterans Committee to hold their annual Memorial Day parade on Monday, May 30, 2005 with the Gardenville Memorial Services starting at 9:00 A.M. and the second ceremony commencing with parade assembly at the Southgate Plaza parking lot at 10:00 A.M. and step off at 10:30 A.M.
3. Town Attorney re Status change for Law Clerk John Fenz to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Law Clerk John Fenz to part-time seasonal effective May 16, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8-C COMMUNICATIONS 4. Town Engineer re Bid award for East Center Road Sanitary Sewer Project Motion by Councilman Osmanski, seconded by Councilman Graber, to award the East Center Road Sanitary Sewer Project, Job No. E-0504, to Sicar, Inc., 1128 Jamison Road, Elma, NY 14059 at their low contract amount of $279,872 and authorize the Supervisor to sign the contract documents.
5. Town Engineer re Bid award for Bradwood/Erwin/Davis Roads Reconstruction Project Motion by Councilman Osmanski, seconded by Councilman Graber, to award the Bradwood/Erwin/Davis Roads Reconstruction Project, Job No. B-0501, to Sue-Perior Concrete & Paving, Inc., 752 Wildwood Avenue, Salamanca, NY 14779, at their low contract amount of $1,023,000 and authorize the Supervisor to sign the contract documents. On the question, Councilman Osmanski noted that there were three bidders on this project and the difference between the first and second bidders was only $15,000. He commended Town Engineer George Montz and his department for the great job they did in preparing the specs and obtaining competitive prices.
6. Town Engineer re Hydrant addition - 1001 Mineral Springs Road Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve an additional annual hydrant fee of $229.08 to Erie County Water Authority for addition of one hydrant and valve assembly at 1001 Mineral Springs Road in West Seneca Fire District No. 1.
7. Town Engineer re Hydrant addition - South Avenue Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve an additional annual hydrant fee of $229.08 to Erie County Water Authority for addition of one hydrant and valve assembly on South Avenue in West Seneca Fire District No. 2.
8. Town Engineer re Town Engineer re Review of 2004 annual stormwater report This item was received and filed and it was noted that the 2004 Annual Stormwater Report prepared by the WNY Stormwater Coalition was available for public review in the Town Clerk’s office May 17 – 20, 2005 from 9:00 A.M. to 5:00 P.M.
9. Town Engineer re Appointment of Mark Loga as part-time seasonal laborer in Engineering Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Mark Loga as part-time seasonal laborer in the Engineering Department at a rate of $8.45 per hour effective May 17, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8-C COMMUNICATIONS 10. Highway Supt. re Appointment of summer help in Highway Department Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following as summer help in the Highway Department at a rate of $6.50 per hour effective May 16 – September 2, 2005:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Highway Supt. re Appointment of summer help in Sanitation Department Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following as summer help in the Sanitation Department at a rate of $7.00 per hour effective May 16 – September 2, 2005:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Highway Supt. re Appointment of summer help in Bldgs. & Grounds Department Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following as summer help in the Buildings & Grounds Department at a rate of $6.50 per hour effective May 16 – September 2, 2005:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Highway Supt. re Disposal of vehicles Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Highway Supt. Patrick Finnegan to dispose of the following vehicles that are too costly to repair and are no longer in service: 1981 Ford Bus #916 – VIN #1FDNB60H2BVA04965
8-C COMMUNICATIONS 14. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2259 to Lakeside Sod for materials for the baseball diamonds and $2169.13 to Brute Spring & Equipment Inc. for truck repairs.
15. Chief Gehen re Attendance of Capt. Fallon at NYS Police Sex Offense seminar Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Captain Larry Fallon to attend the 2005 NYS Police Sex Offense seminar in Albany, New York, May 23 – 27, 2005 at a cost not to exceed $749.
16. Chief Gehen re Attendance of Det. McMahon & Lt. Urbanski at information sharing conference Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Detective Mark McMahon and Lt. John Urbanski to attend the Canadian American Law Enforcement Organization (C.A.L.E.O) Annual International Information Sharing Conference, June 8 – 10, 2005 at the Brock Plaza Hotel in Niagara Falls, Ontario, Canada, at a total cost not to exceed $445.
17. Chief Gehen re Status change for Public Safety Dispatcher David Wasiura to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatcher David P. Wasiura to part-time seasonal effective May 1 – 30, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
18. Town Clerk re Attendance at NYALGRO school Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Town Clerk Patricia C. Wisniewski to attend the New York Association of Local Government Records Officers annual school in Lake Placid, New York, June 12 – 15, 2005 at a cost not to exceed $750.
19. Assessor re Attendance at Seminar on Appraising Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Assessor Edward Hummel and Real Property Appraiser Edward Toy to attend a Seminar on Appraising in Ithaca, New York, July 17 – 20, 2005 at a cost not to exceed $1238.
8-C COMMUNICATIONS 20. Town Justices re Budgetary transfer request Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a budgetary transfer request in the amount of $6500 from Salaries – Justice Clerks, Acct. #01.1110.0133 to Equipment Acct. #01.1110.0200 to cover the cost of upgrading the computer system in the Justice Court.
21. Town Justices re Purchase of computer workstations Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the purchase of six (6) Hewlett Packard Business Desktop dx2000 P4/2.8GHz MT computer workstations and one (1) Hewlett Packard ProLiant ML350 G4 X3.2 1GB Array file server with accessories for the Justice Court from Vitec Solutions at the New York State contract price of $14,278.
22. Recreation Director re Rate increase for part-time Lifeguards Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a rate increase to the following employees that have worked the required 400 hours:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
23. Recreation Director re Appointment of part-time seasonal employees for summer programs Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the individuals on the attached list as part-time seasonal employees effective June 1 – September 24, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
*APPENDICES* 8-D REPORTS 8-E DEPARTMENTAL PRESENTATIONS
ISSUES OF THE PUBLIC FREEDOM OF INFORMATION REQUEST ON SOCCER ASSOCIATION PAYMENTS Joann Viapiano, 51 Sunbriar Drive, stated that she had attended the March 14, 2005 Town Board meeting and had questioned how much the Soccer Association had reimbursed the town for the bond issue. Mrs. Viapiano had also sent a registered letter to Town Attorney Tim Greenan requesting this information, but had not yet received a response. Mr. Greenan advised that when his office received a freedom of information request, they would forward it to the appropriate department for their response. In this case the request would have been forwarded to the Comptroller’s Office, and he would check on the status of it and advise Mrs. Viapiano. DEAD TREES ON SUNBRIAR DRIVE Joann Viapiano, 51 Sunbriar Drive, stated that there were two trees in front of her house that were almost dead and last year a large branch fell. Mrs. Viapiano was concerned that someone might get hurt if it happened again. She had contacted the Highway Department about having them taken down, but was informed that they were backlogged with requests. Highway Supt. Patrick Finnegan responded that his department would check on the situation, but they were backlogged at this time. FENCE ALONG FISHER COURT PLAYGROUND Doreen Race, 533 Fisher Road, stated that the entire length of her property bordered the Fisher Court playground. The length was 500 feet and there was a chain link fence owned by the town along the first 100 to 125 feet with a wooden fence owned by Mrs. Race along the remainder of the property line. She had tried to maintain the fence over the years, but there was a problem with kids at the playground damaging it. The fence was in a terrible state of disrepair and Mrs. Race was informed by the Building Department that she would have to take it down. Mrs. Race thought that a fence was necessary in this case to protect the children and her property, noting that she had four acres of land with a barn and horses. She asked that the town consider putting up and maintaining a fence between the playground and her property. Mrs. Race stated that she could not financially or physically erect another fence. Code Enforcement Officer William Czuprynski advised that Buildings & Grounds Department employees had informed his office that kids playing at the playground had been injured from the old nails and condition of the fence. He then informed the property owner that the fence would have to be removed due to its deplorable condition. Supervisor Clark asked that Highway Supt. Patrick Finnegan investigation this issue and try to come up with a solution to the problem. NEIGHBOR PROBLEM ON SENECA CREEK ROAD Tom Johnson, 85 Seneca Creek Road, referred to his neighbor at 75 Seneca Creek Road who had enlarged the opening on the rear of his garage last month and installed glass doors. He also understood that the neighbor intended to make other improvements such as adding a deck. Mr. Johnson requested that this issue be investigated by the Building Department to determine if the proper permits were obtained. He further noted that sheds were constructed at 65 and 75 Seneca Creek Road and questioned if the property owners had obtained the proper permits. Supervisor Clark asked that Mr. Johnson leave his phone number with Code Enforcement Officer William Czuprynski so that he could research this and report back to him.
ISSUES OF THE PUBLIC NEIGHBOR PROBLEM ON SENECA CREEK ROAD (continued) Mr. Johnson further stated that the Dog Control Officer had visited the property owner at 65 Seneca Creek Road concerning his dog running loose, but the situation persisted. Supervisor Clark requested that Asst. Chief Dale Wight speak with the Dog Control Officer regarding this matter. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF SUMMER HELP IN SANITATION DEPARTMENT Motion by Councilman Hicks, seconded by Councilman Osmanski, to appoint Michael Moonan and Mark DeJames as summer help in the Sanitation Department effective May 16 – September 2, 2005 at a rate of $7.00 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
APPOINTMENT OF SUMMER HELP IN HIGHWAY DEPARTMENT Motion by Councilman Hicks, seconded by Councilman Osmanski, to appoint Michael Rozek as summer help in the Highway Department effective May 16 – September 2, 2005 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
STATUS CHANGE FOR RICHARD MACEY TO PART-TIME SEASONAL LABORER Motion by Councilman Graber, seconded by Councilman Hicks, to change the status of part-time laborer Richard Macey to part-time seasonal effective June 1 – November 1, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PROPERTY MAINTENANCE ON FRENCH ROAD Councilman Osmanski questioned the status of an issue on French Road. Code Enforcement Officer William Czuprynski responded that the matter was in court and the property owner was to take care of the situation. Mr. Czuprynski had issued a second summons for the garbage outside. RESIDENT COMPLAINT ON LIBERTY MOTORS Councilman Osmanski asked Code Enforcement Officer William Czuprynski to meet with him after the meeting regarding a Maplewood Avenue resident’s complaint about Liberty Motors on Clinton Street.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS RETIREMENT OF JAMES NICHOLAS AS GENERAL CREW CHIEF Motion by Supervisor Clark, seconded by Councilman Hicks, to accept the retirement of James Nicholas and terminate him as General Crew Chief effective June 2, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Nicholas served the Town of West Seneca for 38 years.
PROPOSED CAR WASH ON UNION ROAD Town Attorney Tim Greenan referred to the public hearing held earlier at this meeting and stated that he had spoken with Mr. Lutz and two of the neighbors regarding the proposed car wash on Union Road. Mr. Lutz purchased the property in November 2004 and the use was discontinued in August 2004, so their application was within the one-year timeframe and the request before the Town Board was proper. The adjoining neighbors suggested that a berm with trees be placed where the parking lot ended to act as screening and a sound barrier. This would be a better location than the rear property line, which was rather low. Mr. Lutz would be meeting with the neighbors to discuss this issue. PUBLIC HEARING SCHEDULED FOR AMENDMENTS TO DOG ORDINANCE Motion by Supervisor Clark, seconded by Councilman Graber, to schedule a public hearing for June 13, 2005 at 7:30 P.M. to consider various amendments to the Dog Ordinance.
AMENDMENT TO APPRENTICESHIP PROGRAM REQUIREMENT Town Attorney Tim Greenan referred to a resolution adopted at the October 11, 2004 meeting concerning apprenticeship requirements in public contracts. The limit discussed by the board members was for contracts over $1.5 million, but the actual amount set in the resolution was $380,000. This precluded small contractors that the town had been dealing with for years who did not have an apprenticeship program from bidding on many contracts. Mr. Greenan suggested that the Town Board amend the previous resolution to increase the dollar amount. Motion by Councilman Osmanski, seconded by Councilman Hicks, to amend the October 11, 2004 resolution concerning an Apprenticeship Program requirement in public contracts and increase the limit to $1.5 million.
ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:45 P.M.
_______________________________________ PATRICIA C. WISNIEWSKI, RMC/CMC |