West Seneca Town Board Minutes 06/26/2006
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 Kenneth H. Kubli, Anna S. Ward, Mary Jane Bueme, Eleanor A. Ring, Herbert T. Segiel, Anna E. Streit Koller, Daniel Kivel II, and Rose E. Rath. 9-A MINUTES TO BE APPROVED
9-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 AN INCREASE AND IMPROVEMENT OF THE FACILITIES OF WEST SENECA WATER DISTRICT NO. 1, CONSISTING OF THE CONSTRUCTION AND REPLACEMENT OF APPROXIMATELY 9300 LINEAL FEET OF 8-INCH PVC WATERMAIN ON THE NORTH SIDE OF SENECA CREEK ROAD, COMPLETE WITH HYDRANT AND VALVE ASSEMBLIES, OTHER APPURTENANCES, AND RESTORATION, AT AN ESTIMATED TOTAL COST OF $700,000” in the Town of West Seneca, be received and filed.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
No comments were received from the public. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve an increase and improvement of the facilities of West Seneca Water District No. 1, consisting of the construction and replacement of approximately 9300 lineal feet of 8-inch pvc watermain on the north side of Seneca Creek Road, complete with hydrant and valve assemblies, other appurtenances, and restoration, at an estimated total cost of $700,000.
9-B LEGAL NOTICES 2. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER AN INCREASE AND IMPROVEMENT OF THE FACILITIES OF WEST SENECA SEWER DISTRICT NO. 13, CONSISTING OF THE ABANDONMENT OF AN EXISTING PUMP STATION BY BYPASSING IT WITH APPROXIMATELY 1150 LINEAL FEET OF 8-INCH PVC (GRAVITY) SANITARY SEWER, 980 LINEAL FEET OF 12-INCH HDPE STORM SEWER, RELATED STRUCTURES AND OTHER APPURTENANCES AND RESTORATION ALONG EAST CENTER ROAD” in the Town of West Seneca, be received and filed.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
No comments were received from the public. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve an increase and improvement of the facilities of West Seneca Sewer District No. 13, consisting of the abandonment of an existing pump station by bypassing it with approximately 1150 lineal feet of 8-inch pvc (gravity) sanitary sewer, 980 lineal feet of 12-inch hdpe storm sewer, related structures and other appurtenances and restoration along East Center Road, in the Town of West Seneca.
3. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER AN INCREASE AND IMPROVEMENT OF THE FACIILTIES OF WEST SENECA WATER DISTRICT NO. 3, CONSISTING OF THE CONSTRUCTION AND REPLACEMENT OF APPROXIMATELY 3000 LINEAL FEET OF 8-INCH PVC WATERMAIN ON LEYDECKER ROAD” in the Town of West Seneca, be received and filed.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
No comments were received from the public. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve an increase and improvement of the facilities of West Seneca Water District No. 3, consisting of the construction and replacement of approximately 3000 lineal feet of 8-inch pvc watermain on Leydecker Road, in the Town of West Seneca.
9-B LEGAL NOTICES 4. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2244 UNION ROAD, BEING PART OF LOT NOS. 22 & 23, CHANGING ITS CLASSIFICATION FROM M-1 TO R-50(S) FOR A 112-UNIT APARTMENT COMPLEX” in the Town of West Seneca, received and filed. (2244 Union Road Properties) 5. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1370 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 394, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR A 48-UNIT APARTMENT COMPLEX” in the Town of West Seneca, received and filed. (Young Development, Inc.) 9-C COMMUNICATIONS 1. Supervisor Clark re Creation of Senior Account Clerk position Motion by Supervisor Clark, seconded by Councilman Hicks, to create the position of Senior Account Clerk and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Account Clerk/Mini Computer Operator is an obsolete Erie County civil service title and the comparable title is Senior Account Clerk.
2. Town Engineer re Dorr Street Reconstruction Project, final change order & acceptance Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve final change order #1 for Occhino Corporation, 2650 Seneca Street, for a net deduct of $3970.66 and accept the Dorr Street Reconstruction Project, Job No. D-0406, at a final contract amount of $160,984.74.
Supervisor Clark abstained from voting on this item because Occhino Corporation is a client of an accounting firm that he has a financial interest in. 3. Town Engineer re Leydecker Road Reconstruction Project, National Fuel Gas relocation fee Motion by Councilman Graber, seconded by Supervisor Clark, to approve the National Fuel Gas invoice in the amount of $46,047.49 for relocating a gasmain and restoring house services on the Leydecker Road Reconstruction Project, Job No. L-0404.
Councilman Osmanski abstained from voting on this item because he is employed by National Fuel Gas.
9-C COMMUNICATIONS 4. Town Engineer re Bid date for 2006 Sanitary Sewer Rehabilitation Project Motion by Councilman Osmanski, seconded by Councilman Bove, to set a bid date of July 17, 2006 at 10:00 A.M. for receipt of bids on the 2006 Sanitary Sewer Rehabilitation Project, Job No. S-0608.
5. Highway Supt. re Title change for Mark Kerner to Highway MEO Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Mark Kerner as Highway Laborer and appoint Mark Kerner as Highway MEO, Group 2, Step 5, at a rate of $21.42 per hour effective June 12, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Military leave of absence for Darryl Seibert Motion by Councilman Osmanski, seconded by Councilman Bove, to grant a military leave of absence for Darryl Seibert effective June 19 – 20, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7. Highway Supt. re Termination of summer help Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate the following summer help effective June 26, 2006: William Keating and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Highway Department:
9-C COMMUNICATIONS 9. Chief Gehen re Retirement of Assistant Chief Dale Wight Motion by Councilman Osmanski, seconded by Councilman Bove, to accept the retirement of Assistant Chief of Police Dale Wight and terminate him effective June 24, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Asst. Chief Wight served the West Seneca community for more than 31 years.
10. Chief Gehen re Retirement of Lt. Philip Steffan Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Lieutenant Philip Steffan and terminate him effective June 24, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Lt. Steffan served the West Seneca community for more than 31 years.
11. Chief Gehen re Extension of military leave of absence for Officer Sean Donohue Motion by Councilman Osmanski, seconded by Councilman Bove, to extend the military leave of absence for Officer Sean Donohue to November 12, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Chief Gehen re Attendance at NYS Chief’s of Police training conference Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Chief Gehen to attend the 2006 New York State Chief’s of Police training conference July 16 – 20, 2006 at West Point Academy, Highland Falls, New York, at a cost not to exceed $1096.
13. Town Clerk re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2379 to Brown’s River Bindery, Inc. for treatment and rebinding vital record books as follows: Highways & Highway Districts; Marriages 1927-34 and 1949-1955.
14. Town Justices re Resignation of Joan Rosner as temporary part-time clerk Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Joan B. Rosner and terminate her as part-time temporary Clerk in the Justice Court effective June 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9-C COMMUNICATIONS 15. Receiver of Taxes re Purchase of printers and keyboards Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of printers and keyboards for the Tax Office at a cost not to exceed $2050.
16. Recreation Director re Part-time seasonal employees Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate the following part-time employees effective June 1, 2006:
and further, appoint the following as part-time seasonal effective June 6 – September 30, 2006: Lifeguard @ $6.75 per hour Recreation Attendant @ $12.00 per hour
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Youth Director re Application for funding for streetscape beautification project Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Youth Director Mark Lazzara to apply to the Transportation Enhancement Program sponsored by the NYS Department of Transportation for funding for a “Streetscape” beautification project.
9-D REPORTS
ISSUES OF THE PUBLIC PROCEDURE FOR FREEDOM OF INFORMATION REQUESTS Dale Clarke, 379 Indian Church Road, questioned the procedure for a resident to request information under the Freedom of Information Act. He had requested information three months ago and was still awaiting a response. Town Attorney Timothy Greenan responded that when a freedom of information request is received by the town they have a relatively short period of time to gather the information if documents exist. The town can send a letter asking for an additional 30 days to respond to the request. Mr. Clarke had made a verbal request to Mr. Greenan after a Town Board meeting for information on a Town Board member’s salary, benefits, etc. This information was not available in a single document. Mr. Clarke recently filed a formal written request for the information and Mr. Greenan stated that he would ensure that Mr. Clarke received a response within 30 days. NICKEL CREEK CAFÉ ISSUES Ruck Marino, 4713 Clinton Street, referred to the Nickel Creek Café and stated that they had outdoor music Thursday through Sunday, 8 P.M. until 2 A.M. The noise exceeded 85 decibels and there was drinking on the front porch and in the parking lot. Mr. Marino stated that last Thursday there were 65 cars in the parking lot and 59 parked on the street, and he estimated a minimum of 248 patrons at the bar. He questioned if outdoor music was permitted at bars in West Seneca. Code Enforcement Officer William Czuprynski responded that no outdoor music was allowed in the Town of West Seneca. The Zoning Board of Appeals would have to issue a variance for outdoor music, and nothing was issued for Nickel Creek Cafe. Mr. Czuprynski understood that the Police Department had responded to problems at the Nickel Creek Café this past weekend. Chief Gehen advised that on June 22nd an officer responded to this location in response to a parking violation problem. He had also directed all the lieutenants to check the facility on Thursday, Friday & Saturday nights and referred the occupancy complaint to Mr. Czuprynski. Mr. Marino thanked Chief Gehen for his response and assistance on this issue and commented that he thought it would be a perpetual problem this summer. Diane Nowak, 4786 Clinton Street, stated that she works second shift and the noise from Nickel Creek Café disrupts her sleep and quality of life at her home. The neighborhood used to be quiet, but the bar changed that and she hoped that something could be done to resolve the problem. Amy Carpenter, 406 Woodward Crescent, sympathized with the neighbors on Clinton Street and questioned what the town could do to eliminate this situation. Councilman Osmanski responded that Mr. Czuprynski would have to do his job to ensure that Nickel Creek Café was not breaking any Town Codes. The Police Department would have to handle any traffic problems and patrol the area. Ms. Carpenter questioned if Mr. Czuprynski had evening hours to go out and investigate a complaint. Mr. Czuprynski responded that if a complaint is made to the Police Department, they will contact him or someone from his office who will investigate. If they are in violation, they will be notified and taken to court and fined if the violations continue. Chief Gehen encouraged the neighbors to contact his department if they have issues with the Nickel Creek Café.
ISSUES OF THE PUBLIC NICKEL CREEK CAFÉ ISSUES (continued) Dave Monolopolus, 97 Lexington Green, commented that he had a graduation party in his back yard last week and at 9:45 P.M. four police cars showed up, yet they did not seem to be able to do anything with Nickel Creek Café. Councilman Hicks stated that the only thing they could do is enforce the laws they have in place and it was then up to the person to obey them. PARKING PLAN FOR FOUR-UNIT BUILDING ON BOYNTON STREET Philip Hauenstein, 49 Boynton Street, stated that he recently was approved for a zoning change on his property to convert the house from a three-unit to a four-unit structure. Parking was a problem at the time and it was suggested that he install two parking spaces perpendicular to the exit driveway. His neighbor was not happy with that plan because the parking spaces would protrude into the lawn and exhaust from the vehicles would be facing her bedroom window. Mr. Hauenstein presented pictures and diagrams of a proposal that he thought would make the property look nicer. Town Attorney Timothy Greenan recommended that the Town Board not modify the terms of a special permit in this manner. He suggested that Mr. Hauenstein meet with Code Enforcement Officer William Czuprynski and have him make a recommendation to the Town Board. SUGGESTION TO RELOCATE TOWN HALL DIRECTORY Karen Lucachick, 61 Greenmeadow Drive, suggested that the Town Hall directory be placed on the first level of the building so that people would not have to climb the stairs only to find that the department they are looking for is on the lower level. Supervisor Clark stated that he would make this suggestion to Highway Supt. Patrick Finnegan and Deputy Highway Supt. Edward Kowalewski. 2007 BUDGET SUGGESTION Karen Lucachick, 61 Greenmeadow Drive, stated that she noticed a number of other Town Boards locally were conducting meetings concerning their proposed budgets for 2007. She had never heard the West Seneca Town Board discuss budget items in public and thought this would be a good idea. Ms. Lucachick also suggesting adding a column to the budget that compares last year’s figures to this year’s figures. SUGGESTION FOR NEW COURT ROOM Karen Lucachick, 61 Greenmeadow Drive, referred to the Buffalo News article concerning under assessed business property in town and the possibility that there will be $20 million available when these assessments are adjusted. She suggested that the money be used to fund a new Court Room where public meetings could be held. The Court Room should be equipped with the appropriate sound system, power point presentation capability, comfortable heat and air conditioning, and seats that don’t squeak. Councilman Graber noted that assessments might increase 20 million, but that did not mean there would be $20 million more in tax revenue. If total assessments are increased, individuals will have to pay less.
ISSUES OF THE PUBLIC STREETSCAPE BEAUTIFICATION PROJECT Amy Carpenter, 406 Woodward Crescent, questioned the streetscape beautification project referred to in Item #17 of this agenda, how much grant money was involved, and what type of project it would be. Supervisor Clark responded that the project involved the Union Road/Seneca Street area and they had a certain amount of money and a rough idea of what they wanted to do. They would not have exact engineering plans until they knew how much money there was. Ms. Carpenter understood that the town had lost some funding last year because they did not have a definite plan in place. Supervisor Clark stated that they did not have the full commitment of federal dollars in time to take full advantage of the state money that was available. They intended to continue trying for grant money. Ms. Carpenter stated that she had attended a meeting on the streetscape project last year and saw what was proposed. She did not consider what was presented to be a plan and commented that it was no more than a pencil sketch. Town Attorney Timothy Greenan stated that what was proposed by the engineering firm involved significant relocation of utilities and lights that would be a substantial cost to the town. The Town Board decided not to put any more dollars into design and engineering until they had a commitment to the money. Ms. Carpenter questioned if the Town Board would be welcoming input from the citizens on this project. Councilman Hicks responded that they were always looking for input from the citizens, but right now was not the time because they did not know how much money they would have to work with. Ms. Carpenter commented that if they have a plan, they know where they are going. Without a plan, they are going nowhere. Supervisor Clark stated that without money they are also going nowhere. Ms. Carpenter agreed but thought that with a plan they had a much better chance of getting money. She thought they should get some ideas down on paper and work toward that goal. Mr. Greenan stated that they did have some plan down on paper and suggested that Ms. Carpenter contact his office to review it. The board members had petitioned Congressman Brian Higgins to devote a substantial amount of money to fund the project. If that money is made available, they would make serious plans for the project. MASTER PLAN UPDATE Amy Carpenter, 406 Woodward Crescent, requested an update on the proposed Master Plan. Councilman Osmanski responded that he had discussed the Master Plan with the other board members and the consultant, Wendel Duscherer, and they would be adopting the Master Plan with some minor changes. They reviewed the comments submitted by the public, most of which went beyond the original scope of the comprehensive plan or were being incorporated. Councilman Osmanski hoped they would be adopting the Master Plan by the next Town Board meeting. They would then have to put together an agenda to begin implementation of it.
ISSUES OF THE PUBLIC PROPERTY MAINTENANCE ISSUE AT MINERAL SPRINGS & HARLEM ROAD Jim McKnight, 391 Collins Avenue, referred to the property at Mineral Springs Road and Harlem Road and commented on the high grass, garbage, graffiti on the building, and possible danger to kids using the stairs as ramps. Mr. McKnight was disappointed that the town let things go, like the Seneca Mall and other vacant buildings in town. He thought that property owners should be made to take care of their property, even if it is vacant, and asked for the Town Board’s help. Code Enforcement Officer William Czuprynski stated that he visited the site this date and the building was open but it was now secured. His office contacted the Philadelphia office of AMF Bowling Centers and they would be taking care of the grass and the graffiti on the building. Mr. McKnight was concerned that this property not be a continual eyesore to the town. He offered to paint over the graffiti himself and asked if that would be permissible. Town Attorney Timothy Greenan advised that Mr. McKnight would be trespassing if he were to paint over the graffiti. Councilman Hicks stated that the town would have to go through the proper process and if the property is not taken care of they will pursue it legally with the property owner. Mr. McKnight further commented on the building at the corner of South Avenue and Union Road and the tall grass. Councilman Bove stated that the Town Board members do not like to see eyesores in town and they had been discussing the possibility of tightening up the process of making a complaint and having it resolved. WORKLOAD OF BUILDING & PLUMBING DEPARTMENT QUESTIONED Gary Martin, 16 Willow Drive, referred to a suggestion made at a previous meeting concerning the use of a second electrical inspection company and the Town Board’s referral to Code Enforcement Officer William Czuprynski. Mr. Czuprynski replied that he was six months behind in his work, and Mr. Martin questioned why the Town Board did not react or respond to that. Councilman Graber stated that Mr. Czuprynski had commented that he did not have time to consider additional work, but he agreed to make time to review this issue. Frank Boncore, 250 Heather Hill Drive, thanked Councilman Graber for his assistance with this issue. Diane Siminski, Parkside Drive, questioned how many people were employed in the Building Department. Code Enforcement Officer William Czuprynski responded that there were four people in his office – himself, an Asst. Code Enforcement Officer, a Fire Inspector, and a part-time person that worked on the road in the summer citing junk cars and boats, etc. Ms. Siminski questioned if this was an adequate staff to check the complaints they received. Mr. Czuprynski responded that they never have an adequate staff to handle everything because they had normal paperwork, inspections, etc. to do besides responding to complaints. They also would go out at night if called out on a complaint.
ISSUES OF THE PUBLIC WORKLOAD OF BUILDING & PLUMBING DEPARTMENT QUESTIONED (continued) Councilman Graber commented that there was sufficient staff in the Building Department and they would not be adding any jobs in that department. Supervisor Clark stated that they tried to stay lean in the town and balance service with labor costs. There were towns twice the size of West Seneca that had five times the number of employees, but West Seneca did not operate that way. Councilman Graber stated that when a resident had a bad neighbor, one who refused to cut their lawn, etc., it was not a simple process and could take years to resolve the problem. They had even gone to the extent of issuing a warrant on the person. This was the only system they had to work with. Councilman Graber referred to noise problems and noted that the Noise Ordinance was very vague and did not have specific levels. However, they wanted to update some of the Town Codes and add specific levels that could be determined by test equipment. This would give the Code Enforcement Officer more power when he goes to court with an issue. Mr. Czuprynski further commented that due to the bad economy a number of people have moved from the area and simply left their houses. The town then cuts the lawns and charges it to the property owner’s taxes. There were never this many abandoned houses and this is added work for his department. VACANCIES IN POLICE DEPARTMENT Bruce White, 48 Wimbledon Court, referred to the number of vacancies in the Police Department and understood that the Town Board decided not to fill these until late fall, which could then be next spring by the time the officers go through the academy. Mr. White hoped that the Town Board would not wait and would fill the vacancies as soon as possible. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF JOSEPH MCCOY AS SUMMER HELP Motion by Councilman Graber, seconded by Councilman Hicks, to appoint Joseph McCoy as summer help in the Highway Department at a rate of $6.75 per hour effective June 26 – September 4, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
REAPPOINTMENT OF GERALD GREENAN TO PLANNING BOARD Motion by Councilman Osmanski, seconded by Councilman Graber, to reappoint Gerald Greenan to the West Seneca Planning Board for a seven-year term effective June 4, 2006 through June 4, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TOWN BOARD MEETINGS SCHEDULED Supervisor Clark announced the following Town Board meetings scheduled for the third quarter of 2006:
ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:50 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |