West Seneca Town Board Minutes 09/19/2005
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 George Lachat, Ana Elizabeth Warthling, Elizabeth Tudor, Mildred Lucchino, Mary Clark, David H. Deyot, Josephine I. Fuoco, George E. Masterson, Anne Swarts Rowan, Leonard L. Wolski, and Francis A. “Fran” Hardick. 12-A MINUTES TO BE APPROVED
12-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 555 ORCHARD PARK ROAD, BEING PART OF LOT NO. 296, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR A BILLBOARD” in the Town of West Seneca, be received and filed. (Patrick B. Shanahan & Stacy Bechakas)
Motion by Supervisor Clark, seconded by Councilman Hicks, to open the public hearing.
Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its August 17, 2005 meeting, the Planning Board voted three in favor and three opposed to the request for a special permit for property located at 555 Orchard Park Road, being part of Lot No. 296, changing its classification from M-1 to M-1(S), for erection of a billboard. The following stipulations were mentioned: 1) the point of the sign shall be positioned toward Orchard Park Road; 2) illumination shall not be overly intense so that it interferes with the traffic on Orchard Park Road; 3) no portion of the billboard’s base shall be closer than 35 feet to the perimeter of the area sought to be rezoned.”
12-B LEGAL NOTICES 1. (continued) The petitioners, Patrick Shanahan, 86 HiView Terrace, West Seneca, and Stacy Bechakas, 38 Creekward Drive, Lancaster, appeared before the Town Board to discuss their request for a special permit. Mr. Shanahan stated that the proposed 40-foot billboard would be located at Funk Lawn Care, 555 Orchard Park Road. The two faces of the billboard would each be 14’ x 48’. Mr. Shanahan presented a site plan that addressed the positioning of the billboard as stipulated by the Planning Board. Supervisor Clark questioned the approximate construction costs of the billboard. Mr. Shanahan responded that the construction costs were approximately $40,000. Councilman Hicks referred to the plans and the size options for the billboard. He questioned if Mr. Shanahan and Mr. Bechakas were giving the Town Board the option of choosing a size. Mr. Shanahan stated that the Planning Board had asked that they consider reducing the size of the billboard. Councilman Hicks questioned if the petitioners would commit to a reduction in size from the 14’ x 48’ billboard. Mr. Shanahan responded that 14’ x 48’ was their first choice, but they were flexible. He noted that according to the Erie County Mapping Service, the proposed billboard was .28 miles away from the nearest billboard, which was located at the corner of Ridge Road and Orchard Park Road. The property was currently zoned M-1, the lowest zoning classification, and the surrounding properties were similarly zoned with primarily commercial use. The proposed site was adjacent to the NYSEG power lines and the petitioners did not believe it would be out of place at this location. Mr. Shanahan stated that they were willing to reduce the standard illumination of 40,000 lumens, which was three 460-watt bulbs, to three 360-watt bulbs. Councilman Hicks questioned if the billboard would have paper advertising or electronic advertising. Mr. Shanahan stated that they did not intend to incorporate any electronics and the billboard would have either a paper or vinyl cover. Illumination would be on a regular timer and the billboard would not be lit past midnight. Mr. Shanahan commented that the billboard would be a benefit to the town because it will be assessed and pay taxes, but require no services in return. Councilman Osmanski stated that the Planning Board had requested that Mr. Shanahan and Mr. Bechakas provide photographs of the site with the billboard superimposed. He questioned if this had been done. Mr. Shanahan stated that he did not recall the Planning Board requesting photographs, but would provide this if the Town Board requested. Amy Carpenter, 406 Woodward Crescent, questioned how much taxable income the billboard would provide. She noted that there were three other billboards in the general area and did not believe that another billboard was necessary. Supervisor Clark calculated the billboard to be assessed at $24,000 and this would be $1200 to $1300 in total tax revenue.
12-B LEGAL NOTICES 1. (continued) Virginia Grandoni, 870 Orchard Park Road, commented on the concentration of billboards in the vicinity of the proposed billboard and compared that area of Orchard Park Road to an area of Union Road where there were no billboards. She did not believe that the billboard added anything aesthetically to the community and it would not bring in that much in tax revenue. Mr. Shanahan noted that the zoning in this area of Orchard Park Road allowed for billboards and that was probably why there was a concentration of them there. The proposed billboard would be located over ¼ mile (1478 feet) from the nearest billboard, and this was well above the requirement in other towns and cities of 500 to 1000 feet. Councilman Hicks questioned if Mr. Shanahan had any other billboards in West Seneca. Mr. Shanahan stated that this would be his first billboard, but he worked for Lamar Advertising for 3½ years, so he had experience in this industry. Mrs. Grandoni stated that Orchard Park Road and Ridge Road were both entrances to the Town of West Seneca and she thought the entrances should be something other than billboards. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Councilman Osmanski, seconded by Councilman Bove, to deny the request for a special permit for property located at 555 Orchard Park Road, being part of Lot No. 296, changing its classification from M-1 to M-1(S), for a billboard. On the question, Councilman Osmanski stated that he was not in favor of billboards in town because they brought no value to the town and detracted from the visual aesthetics. Although Mr. Shanahan and Mr. Bechakas seemed to be good businessmen, he thought that a 14’ x 48’ or 14’ x 36’ billboard would be a huge visual impact. The proposed site was zoned M-1, but there were a number of zonings that were set up years ago and no longer worked for the area. The area was highly commercial, but they should be trying to make it look better, not doing things to make it worse. If they wanted to attract the kind of high, upper development they would like to have, the billboard would not help, it would only detract from the area. Councilman Osmanski did not believe the benefits to the town outweighed the adverse affects. Supervisor Clark agreed and stated that he did not believe the construction costs or assessed value was anywhere near the detraction. The Orchard Park Medical Park was recently redeveloped and the old car dealership was also ripe for redevelopment. Supervisor Clark did not believe the proposed billboard would be a plus for the town and agreed with earlier comments about the town’s entranceways. In the past when there was enough financial benefit to the town, such as along the railroad lines with the large pedestal style billboards, the balance was closer for a favorable vote from the board. Councilman Graber stated that he had received a number of complaints from residents about the light that billboards give off and how obtrusive they are along Route 400. He noted that there were no billboards along the QEW in Canada, but West Seneca was beyond the saturation point. Councilman Graber wanted to see an ordinance that would be more restrictive for billboards.
12-C COMMUNICATIONS 1. Supervisor Clark re Aviation Consultants of WNY grant application Motion by Supervisor Clark, seconded by Councilman Hicks, to adopt the attached resolution allowing Aviation Consultants of WNY, Inc. to apply for a grant from the New York State Department of Transportation, noting that this in no way binds the Town of West Seneca to any approvals, permits, and/or licenses that may be required by the applicant for future projects or work related to Buffalo Airfield. On the question, Supervisor Clark stated that this resolution was required in order for Buffalo Airfield to perform an airport Master Plan update and replace a rotating beacon, lighted wind cone, segmented circle, and radio control equipment. These were all features necessary to operate Buffalo Airfield in a safe manner. Supervisor Clark referred to the history of Buffalo Airfield and noted that while he was in Washington a few weeks ago he visited a new annex to the Air & Space Museum. In it there was a helicopter exhibit and one of the original Bell helicopters had a nameplate stating that it was developed in Gardenville, New York. In 1935, Larry Bell and the Bell Aircraft Corporation used Buffalo Airfield as a testing area for one of the original forms of helicopters.
*APPENDICES* 2. Supervisor Clark re Support for replacement of Buffalo skyway Motion by Councilman Osmanski, seconded by Councilman Hicks, to adopt the attached resolution in support of Congressman Brian Higgins’ call for the New York State Department of Transportation to commence the requisite environmental reviews for replacement of the Buffalo Skyway with more suitable infrastructure. On the question, Supervisor Clark commented that reinventing and reconfiguring the waterfront area was not the entire key to the future of Western New York. One small component was using and reworking infrastructure to present the waterfront in a more favorable manner. Most other progressive cities had eliminated their high aerial arteries into the city center and it was a good concept of modern highway infrastructure design. Supervisor Clark thought that replacing the skyway with more suitable infrastructure would make sense fiscally for Western New York in the long run. Every ten years the skyway required a $15 million paint job and the current work being performed was a $9 million contract just to keep it structurally sound. It was also suggested that major sub-structural repairs would require as much as $100 million in the next few years. Alternatives to the skyway included a series of lift bridges to more efficiently distribute traffic and Supervisor Clark felt this should be considered.
*APPENDICES* 3. Town Attorney re Appointment of Technical Advisory Committee Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint the Park Review Committee established pursuant to Section 120-28.5(B)(1) as the Technical Advisory Committee pursuant to Section 67-6 of the Town Code.
12-C COMMUNICATIONS 4. Town Attorney re West Seneca Youth Hockey Association agreement Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the West Seneca Youth Hockey Association (House League) agreement covering the 2005-2006 season as follows: Midgets - $64 per game(2 referees per game @ $32 per referee)
5. Town Engineer re Leydecker Road Reconstruction Project, site work agreement & permit Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to sign the Site Work Agreement and State Work Permit for the Leydecker Road Reconstruction Project, Job No. L-0404, which provides a “right of entry” for the town contractor to construct the new road and other improvements on state land before it is actually deeded to the town.
6. Town Engineer re Town Hall Rear Stairs Replacement Project, final change order & acceptance Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve final change order #2 for UCC Constructors, Inc., 105 Center Road, West Seneca, for a net addition of $2550 and accept the Town Hall Rear Stairs Replacement Project, Job No. T-0407, at a final contract amount of $35,724.
7. Town Engineer re Bid award for 2005 Sanitary Sewer Rehabilitation Project Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the 2005 Sanitary Sewer Rehabilitation Project, Job No. S-0505, to United Survey Inc., 25145 Broadway Avenue, Cleveland, OH 44146, at their low unit-item contract amount of $395,900 and authorize the Supervisor to sign the contract documents, noting that United Survey Inc. performed excellent work on this project last year and the proposed unit prices were compared to last year’s prices and are comparable.
8. Town Engineer re Seneca Creek Road Watermain Replacement Project, hydrant addition Motion by Councilman Osmanski, seconded by Councilman Bove, to approve an additional annual hydrant fee of $292.56 to Erie County Water Authority for two additional hydrants to be installed along Seneca Creek Road in West Seneca Fire District No. 2 as part of the Seneca Creek Road Watermain Replacement Project, Job No. S-0202, noting that additional hydrants were required due to current maximum Health Department spacing between hydrants of approximately 600 LF.
12-C COMMUNICATIONS 9. Town Engineer re Gaslight Conversion Project, National Fuel abandonment agreement Motion by Councilman Graber, seconded by Supervisor Clark, to authorize the Supervisor to sign the National Fuel Abandonment agreement for the Gas Light Conversion Project, noting that the agreement outlines various conditions and fees required by National Fuel Gas in disconnecting and abandoning approximately 387 gas lights in 11 districts throughout the town.
Councilman Osmanski abstained from voting on this motion because of his employment with National Fuel. 10. Town Engineer re Termination of Mark Loga as part-time seasonal laborer in Engineering Dept. Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Mark Loga as part-time seasonal laborer in the Engineering Department effective September 2, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Town Engineer re Termination of P. Renkas & K. Lepsch as part-time seasonal laborers Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Peter J. Renkas and Kyle R. Lepsch as part-time seasonal laborers in the Sewer Service Department effective September 2, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Highway Supt. re Bid award for vacuum street sweeper Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for a 2006 Vac-All Model #LV13-S vacuum sweeper mounted on a 2006 Sterling chassis to Fleet Maintenance Inc., 67 Ransier Drive, West Seneca, at their low bid of $150,000.
13. Highway Supt. re Disposal of cab and chassis Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Highway Supt. Patrick Finnegan to dispose of the 1982 International cab and chassis #1119, VIN #1HTCA2579CHA21453, as it is no longer economical to repair.
12-C COMMUNICATIONS 14. Highway Supt. re Disposal of pool car Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Highway Supt. Patrick Finnegan to dispose of the 1993 Ford Taurus pool car #503, VIN #1FACP52U8PA290388, as it is no longer economical to repair.
15. Highway Supt. re Military leave of absence for Darryl Seibert Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Darryl Seibert effective September 1 – 10, 2005 and September 13 – 17, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Highway Supt. re Military leave absence for Joseph Steen Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a military leave of absence for Joseph Steen effective September 12 – 23, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Highway Supt. re Termination of sanitation substitutes Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate the following as Sanitation Substitutes effective September 19, 2005: Mark Lapenta and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
18. Highway Supt. re Appointment of sanitation substitutes Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following as Sanitation Substitutes effective September 6, 2005 at a rate of $7 per hour:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12-C COMMUNICATIONS 19. Highway Supt. re Appointment of part-time seasonal laborers at Ice Rink Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint the following part-time seasonal laborers to work at the Ice Rink effective September 6, 2005 at a rate of $6.50 per hour: Shane Moonan and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Highway Supt. re Rate increase for part-time laborer Christopher Moonan Motion by Councilman Osmanski, seconded by Councilman Bove, to grant a rate increase to $7.25 per hour for part-time laborer Christopher Moonan and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Moonan completed the required 2500 hours to be eligible for this increase.
21. Chief Gehen re Retirement of Lt. James Loga Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Lieutenant James K. Loga and terminate him effective September 25, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Lt. Loga served the West Seneca community for 24 years.
22. Chief Gehen re Attendance of Officer Timothy Pratt at DARE Conference Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Officer Timothy Pratt to attend the DARE Elementary School Conference in Saratoga Springs, New York, September 13 – 15, 2005 at a cost not to exceed $175.
23. Chief Gehen re Attendance of Desk Lt. John Radwan at Government Technology Conference Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Desk Lieutenant John Radwan to attend the Government Technology Conference in Albany, New York, September 18 – September 22, 2005 at a cost not to exceed $1892.
12-C COMMUNICATIONS 24. Chief Gehen re Attendance of Officer Bebak & Capt. Denz at Basic Criminal Investigation course Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Officer Robert Bebak and Captain Daniel Denz to attend the Basic Criminal Investigation Course in Rochester, New York, October 17 – 28, 2005 at a cost not to exceed $1630.
25. Chief Gehen re Attendance at International Association of Chiefs of Police Conference Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Chief Gehen to attend the International Association of Chiefs of Police Conference in Miami, Florida, September 24 – 28, 2005 at a cost not to exceed $2134.30.
26. Chief Gehen re Bid date for unmarked police vehicle Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of October 10, 2005 at 10:00 A.M. for receipt of bids on the purchase of one (1) unmarked police vehicle.
27. Chief Gehen re Resignation of Frederick Pordum III as part-time Public Safety Dispatcher Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Frederick Pordum III and terminate him as part-time Public Safety Dispatcher effective June 21, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
28. Chief Gehen re Appointment of D. Koehler & J. Locher as part-time Public Safety Dispatchers Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint David G. Koehler, and Jeffery M. Locher, as part-time Public Safety Dispatchers at a rate of $8.95 per hour effective September 20, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
29. Town Clerk re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2506 to Brown’s River Bindery, Inc., One Allen Martin Drive, Essex, VT 05451, for preservation and rebinding of the following vital records books: Marriages – 1934 thru 1937; Deaths – 1956 thru 1962; Deaths – 1963 thru 1968.
12-C COMMUNICATIONS 30. Comptroller re Public Hearing for increase & improvements to West Seneca Water District No. 1 Motion by Councilman Osmanski, seconded by Councilman Bove, to adopt the attached resolution calling for a public hearing on October 17, 2005 at 7:30 P.M. to consider an increase and improvements to West Seneca Water District No. 1.
*APPENDICES* 31. Comptroller re Bond resolution for construction & reconstruction of various roads Motion by Councilman Osmanski, seconded by Councilman Hicks, to adopt the attached resolution authorizing the construction and reconstruction of various roads within the town, including but not limited to Davis Road, Erwin Road, Bradwood Road, and Cambridge Avenue and other improvements in connection therewith, in an amount not to exceed $2,388,000 and authorizing the issuance of serial bonds in an aggregate principal amount not to exceed $2,388,000 of the town, pursuant to the local finance law to finance said purpose, said amount to be offset by any federal, state, county and/or local grants received, and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor.
*APPENDICES* 32. Code Enforcement Officer re Topsoil removal permit for 2290 Union Road Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize removal of 2500 cubic yards of excess topsoil from the project at 2290 Union Road at a fee of $1350.00.
33. Code Enforcement Officer re Model homes in Rolling Ridge Subdivision Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Nigel Builders to erect two model homes on Sublots 45 & 46 in the Rolling Ridge Subdivision.
34. Receiver of Taxes re Appointment of Marcia Turner & Christina Salisbury as part-time clerks Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Marcia Turner and Christina Salisbury as part-time Clerks in the Tax Office effective September 15, 2005 at a rate of $6.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12-C COMMUNICATIONS 35. Receiver of Taxes re Status change for part-time clerks to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time Clerks to part-time seasonal effective September 15 – November 30, 2005:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
36. Recreation Director re Termination of Kathleen Pacella as part-time Clerk Typist Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Kathleen Pacella as part-time Clerk Typist effective August 26, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
37. Recreation Director re Rate increase for part-time lifeguards Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a rate increase to $6.20 per hour to the following part-time employees that worked the required 400 hours:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
38. Recreation Director re Appointments for fall/winter recreation programs & Ice Rink Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint the individuals on the attached list to work part-time in the fall/winter recreation programs and at the Ice Rink effective September 25, 2005 through May 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
*APPENDICES* 39. Recreation Director re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of the following vouchers for the Recreation Department:
12-D REPORTS ISSUES OF THE PUBLIC REVIEW OF ASSESSMENTS Fran Lafferty, 137 Lyndale Court, stated that he lived on Lyndale Court for 51 years and worked in engineering for 38 years, so he was knowledgeable on numbers and percentages. He also worked part-time in real estate for 15 years and knew about assessed valuation and market values. Mr. Lafferty stated that he attended a Town Board meeting a year ago and requested access to the assessment rolls in town. The board members told him they were not available and he should go to www.erie.gov, but he was not able to access that site. Mr. Lafferty became aware of another website available to the public that listed all properties in New York State with up-to-date information up to 1998 and should be updated to 2005 by the end of the year. He noted that Governor Pataki recently signed legislation stating that when someone makes a reasonable request for public information they are entitled to receive it within 20 days. Mr. Lafferty referred to a recent news article that a number of properties in West Seneca were being investigated with regard to low assessments. He questioned if the property owners would be responsible for any taxes they did not pay. Town Attorney Tim Greenan responded that the availability of public information with regard to the assessment roll was always available at the county level, but at times it was difficult to obtain. A needs assessment would be done in West Seneca, which most likely would recommend that the assessment roll be available online or in the Assessor’s Office and implementation of this would be up to the new Assessor. Mr. Greenan noted that a new acting Assessor had been appointed and Mr. Lafferty could discuss with him any assessments he had a question about and how he planned to act on them. The new acting Assessor would be meeting later this week with Special Counsel for the town Gerald Whalen, Patricia Valvo of the NYS Office of Real Property Services, and Joe Maciejewski, Erie County Director of Real Property. The assessment roll would then be examined and recommendations and corrections made. Mr. Greenan understood that if exemptions were improperly granted through mistake, error, or intentionally, the town could go back and collect on those properties. The decision as to how to handle this would be up to the new acting Assessor who had the legal authority to carry out those duties. Mr. Lafferty questioned if the new acting Assessor would be approachable. Mr. Greenan stated that he would be approachable. He was the current Assessor for the Town of Hamburg and came highly recommended by the state and county as a consummate professional. He would be looking for any problems that existed with the assessment roll and looking at ways to modernize the office. UNLICENSED VEHICLES ON FLOHR AVENUE Marylou Dietrich, 156 Bellwood Avenue, referred to property at 35 Flohr Avenue and stated that two years ago she had reported unlicensed vehicles parked on the property for 10 years. The owner went to court on this matter, but the vehicles were still there and now a construction vehicle was also parked on the property. Mrs. Dietrich understood that the owner was told to remove the vehicles and questioned why this was not enforced. She further referred to a recent problem with rodents on Bellwood Avenue and suggested that there be communication with the neighbors and they be informed about how to keep their garbage and what to get rid of.
ISSUES OF THE PUBLIC UNLICENSED VEHICLES ON FLOHR AVENUE (continued) Code Enforcement Officer William Czuprynski stated that he would find out the status of the Flohr Avenue property. Highway Supt. Patrick Finnegan stated that his department had received a few calls regarding rodents in different areas of the town, but it was not a widespread problem. UPDATE ON PROPOSED MASTER PLAN Paula Minklei, Orchard Park Road, stated that it was years since the proposed town Master Plan was contracted and the completed draft had been available to the public for almost ten months. She urged the Town Board to quickly begin public review and hearings on the plan and encouraged the use of large visual projections of data, including maps with clear overlays showing existing and proposed uses that everyone could see while each area was being discussed. Mrs. Minklei commented that the public meetings during the development of the plan were inadequate because such visuals, although some were on hand, were not viewable during the discussions. She suggested that several hearing dates be scheduled several days or weeks apart to allow time for citizens to digest, review and respond to the comments at each meeting. Mrs. Minklei questioned if the Town Board planned to begin the hearings soon, if the dates would be announced at the next Town Board meeting, and if not, why they were being delayed. Supervisor Clark stated that the Master Plan was still under the review process by the board members. He was fairly comfortable with it, but was still looking at other similar town’s ordinances to see if he preferred how some of their ordinances were laid out. Supervisor Clark did not know if the other board members were ready to proceed, but hoped that they could begin the approval process soon. However, he noted that it was not unusual for the review period to be a year or longer. RESIDENT QUESTIONS TECHNICAL ADVISORY COMMITTEE Dave Monolopolus, 97 Lexington Green, questioned the function of the Technical Advisory Committee, who was on the committee and when they met. Town Attorney Tim Greenan advised that the Technical Advisory Committee was set up under the town’s ordinance dealing with the State Environmental Quality Review Act (SEQRA). Its purpose was to make findings with respect to SEQR for things that came before the town departments but not before the Town Board. The Technical Advisory Committee consisted of the Code Enforcement Officer, Town Engineer, Fire Inspector, Planning Board Chairman, and a town citizen. The committee only met in response to a call from whatever department head needed their input on a project. CANISIUS HIGH SCHOOL PROJECT ON CLINTON STREET Dale Clarke, 379 Indian Church Road, referred to a recent newspaper article indicating that vacant land on Clinton Street was sold to Canisius College. He understood that Supervisor Clark was involved in this and questioned how it would benefit the taxpayers of West Seneca when the school would not have to pay taxes. Supervisor Clark responded that he was not involved in this transaction, but he understood that it was Canisius High School, not Canisius College. He had attended one of the public meetings, as Mr. Clarke did, but he only saw what everyone in attendance saw.
ISSUES OF THE PUBLIC CANISIUS HIGH SCHOOL PROJECT ON CLINTON STREET (continued) David Swift, 3089 Clinton Street, stated that he had filed a Freedom of Information request on the football stadium that was supposed to be constructed by Canisius High School on Clinton Street. He received a letter from Deputy Town Attorney Paul Notaro advising that he would have the information within 30 days. Code Enforcement Officer William Czuprynski had also contacted Mr. Swift today to tell him that he could stop at Town Hall to review the plans any time. Mr. Czuprynski also indicated that Canisius High School needed a variance from New York State and Mr. Swift questioned what that variance was for. Mr. Czuprynski responded that a fire hydrant variance was required. Don Grasso, 64 Lexington Green, questioned the status of the project and if anything could be done to stop it. He commented on Canisius High School’s tax exempt status and the number of services that the town would have to provide. Mr. Grasso understood that the town had asked to be Lead Agency with regard to SEQR, and he questioned where that stood at this point. Town Attorney Tim Greenan stated that when the town received the permit application, any interested or involved agency would receive notice and be requested to comment. The long environmental assessment form would indicate the permits the project was subject to. Councilman Osmanski noted that after the letter was sent to the various agencies there was a 30-day waiting period for receipt of comments. Mr. Grasso stated that he was reviewing the town’s Zoning Ordinance and did not find any specific zoning for a football stadium. He questioned what the project would fall under and if a special permit would be required. Mr. Czuprynski responded that the most common classification the project fell under was Amusements in a C-1 zoning. Mr. Greenan advised that the only part of the Town Code that had a special use permit requirement had to do with automotive uses. Mr. Grasso asked that the Town Board seriously look at the project and consider the town services it would require with no return. Councilman Osmanski stated that this project did not require any approval action by the Town Board. Mr. Czuprynski had to approve the plans for the project if they met the Town Code and the board members could receive comments on the project through the SEQR process, but even if the board gave the project a positive declaration for SEQR, Canisius High School could come back and make accommodations to minimize the effect of the project on the public. Mr. Grasso questioned if there would be a public comment period. Councilman Osmanski responded that there might not be a public hearing, but the public would at least be able to give written comments. Mr. Greenan suggested that any public comments be submitted in writing to Mr. Czuprynski so they could be considered as part of the SEQR process.
ISSUES OF THE PUBLIC RESIDENT MAKES SUGGESTIONS FOR BUDGET HEARINGS Virginia Grandoni, 870 Orchard Park Road, understood that the 2006 budget preparations were underway, and she questioned if the budget hearing would be held the same night as the vote on the budget. Mrs. Grandoni suggested that the budget hearing be held prior to the vote, possibly a week before so that the board would have time to digest what is presented by the taxpayers at the hearing. Although the board members listened to the public last year, Mrs. Grandoni felt that everything had been decided before the hearing took place. Councilman Hicks responded that after the budget was prepared, the board reviewed it several times prior to handing it out to the public. They tried to run government lean and looked for as many cuts as possible. There were also time constraints in submitting the budget to New York State. Mrs. Grandoni understood but noted that the purpose of the public hearing was so the public could comment and make suggestions on the budget, and she did not believe the board was hearing the public if the public hearing was held on the same night the budget was voted on. Councilman Graber referred to public hearings for rezonings and special permits and commented that every time the board voted on an issue it was done at the same time that the public hearing was held. Mrs. Grandoni agreed but stated that the budget was huge and involved raising taxes, and she thought there should be a lot of input from the taxpayers on this particular issue. Councilman Graber stated that Supervisor Clark submitted his preliminary budget in September each year and this was public record. The period of time between that submission date and the public hearing was the public’s opportunity to review the budget and contact the board members for explanations or suggestions. The public hearing was simply administrative protocol to follow through on. Supervisor Clark noted that the preliminary budget was filed with the Town Clerk and was also available on line at some time prior to the public hearing. Mrs. Grandoni questioned if the figures from this year’s budget were listed on the 2006 budget. She thought it would be helpful to show the comparison. Supervisor Clark responded that the New York State Comptroller’s recommendations were for single year figures and they had to comply on the line items and submissions. He would look at the possibility of including the current year’s figures on the proposed budget. USE OF SIGN AT UNION ROAD AND MAIN STREET Frank Boncore, 250 Heather Hill Drive, referred to the sign on town property at the corner of Union Road and Main Street and suggested that town meetings be posted on it so the public is aware of them. Supervisor Clark responded that town meetings were published on the town’s website or the public could call Town Hall to find out the dates. The sign at the corner of Union Road and Main Street was donated by the West Seneca Police Benevolent Association to be used by community organizations to publicize their events.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF CLAIRE KINGSBURY AS PART-TIME SEASONAL CLERK Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Claire Kingsbury as part-time seasonal Clerk in the Town Attorney’s Office effective September 22, 2005 at a rate of $6.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Town Attorney Tim Greenan stated that his secretary was on sick leave and his Law Clerk’s hours were reduced to 20 hours per week, so he needed additional help in the office.
CO-LOCATION OF VERIZON WIRELESS ON TOWN RADIO TOWER Councilman Graber stated that last week he met with Verizon Wireless regarding locating some of their equipment on the town’s radio tower. When the radio tower was originally built, the town spent an extra $70,000 to increase the strength of the tower so it could withstand co-location of up to three cellular phone companies. This would minimize the number of towers throughout the town and also bring in revenue. The contract with Verizon Wireless would be for $18,000 per year over a 25-year period with 3 percent annual increases. Total revenue for the 25-year contract was $702,000. Supervisor Clark commended Councilman Graber for his work on this project and commented on how running the town like a business helped to offset increased costs. STATUS OF FRENCH ROAD PROPERTY MAINTENANCE Councilman Osmanski questioned the status of 139 French Road. Town Attorney Tim Greenan stated that he had received a detailed memo from Fire Inspector John Gullo with photos and additional citations that were issued in response to Councilman Osmanski’s request at the last Town Board meeting. Mr. Gullo indicated that he would continue to cite the property owner until the situation was rectified. Mr. Greenan would check on the status of this issue and report back to Councilman Osmanski. NATIONAL INCIDENT MANAGEMENT SYSTEM Motion by Councilman Bove, seconded by Councilman Osmanski, to adopt the National Incident Management System (NIMS) to meet the Homeland Security Presidential Directive (HSPD) to ensure West Seneca’s ability for future funding opportunities from the federal and state governments for any grants or funding under federal disaster declarations that occur in the future. On the question, Councilman Bove noted that there was no expense involved in this to the Town of West Seneca or Erie County.
*APPENDICES* DESIGNATION OF HALLOWEEN Supervisor Clark designated Monday, October 31, 2005 between the hours of 6:00 P.M. and 8:00 P.M. as the official night for trick-or-treat. He asked that residents leave their porch lights on to provide lighting and additional safety for the children and urged drivers to use caution.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TOWN BOARD MEETINGS SCHEDULED Supervisor Clark announced the Town Board meetings scheduled for the last quarter of 2005 as follows:
CROP WALK Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request of the West Seneca Community of Churches to hold their annual Crop Walk to stop hunger on Sunday, October 2, 2005 from 1:00 P.M. until 3:00 P.M. on designated streets in the Town of West Seneca.
WALK FOR AUTISM Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for the Walk for Autism on Sunday, October 2, 2005 at noon with the walk beginning at 1:00 P.M. from Harlem Road Park.
MILEAGE REIMBURSEMENT RATE INCREASED Motion by Supervisor Clark, seconded by Councilman Osmanski, to increase the mileage reimbursement rate from $.31 to $.41 per mile, which is the new State standard due to the rising gas costs, effective September 20, 2005. On the question, Councilman Osmanski commented that most businesses tie the mileage reimbursement rate to the IRS rate. He suggested that West Seneca’s rate also be tied to the IRS rate so the rate could be changed administratively without further board motion. Supervisor Clark did not believe that the IRS rate had kept up pace with the changing gas prices. He asked Comptroller Chuck Koller his opinion on which rate to use. Mr. Koller responded that the Town Board could choose to tie the mileage reimbursement rate to the IRS rate or stay with the State rate. The IRS currently raised their rate to $.485 per mile through December 31, 2005. Councilman Osmanski thought that the IRS rate was more reactive to the market and that the Town Board should tie the town’s mileage reimbursement rate to the IRS rate. Motion by Supervisor Clark, seconded by Councilman Osmanski, to amend the motion and tie the mileage reimbursement rate for the Town of West Seneca to the IRS rate.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS BELL HELICOPTER PICTURE PART OF 2006 HISTORICAL CALENDAR Town Clerk Patricia DePasquale referred to the Bell helicopter that Supervisor Clark had mentioned earlier in the meeting and noted that she and Records Management Clerk James Manley had found some very nice photographs of the helicopter in Gardenville and they will be part of this year’s historical calendar. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:30 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |