West Seneca Town Board Minutes 08/14/2006
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 Patricia M. Ferrentino, George M. “Red” Shea, Bridget Masiello, Joseph F. Finnegan, and Charles G. Krysztofowicz. 11-A MINUTES TO BE APPROVED
11-B LEGAL NOTICES 1. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 28 GARDEN AVENUE, BEING PART OF LOT NO. 90, CHANGING ITS CLASSIFICATION FROM R-65 TO C-2, TO REMOVE EXISTING HOUSE FOR STACKING AND PARKING PURPOSES FOR A PROPOSED DUNKIN DONUTS” in the Town of West Seneca, be received and filed. (Kainos Partners, LLC)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Deputy Town Attorney Paul Notaro read the recommendation of the Planning Board: “At its July 19, 2006 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 28 Garden Avenue, being part of Lot No. 90, changing its classification from R-65 to C-2, to remove existing house for stacking and parking purposes for a proposed Dunkin Donuts, with the following stipulation: a minimum four-foot earth berm be constructed along the north property line of 28 Garden Avenue with a six-foot fence along the entire 70-foot length.” Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner and stated that George Ladas, the owner of 1145 Union Road, has entered into a long-term lease with Kainos Partners, LLC, who is bringing a number of Dunkin Donuts locations to the Western New York area. The lease is contingent upon approval of the zoning change. The property at 1145 Union Road was rebuilt approximately five years ago, so it was a fairly new building that housed Hot Dog Heaven. The building will remain essentially the same but be identified as a Dunkin Donuts. The proposal to change the zoning at 28 Garden Avenue to C-2 was to increase the depth of the commercial zoning on Union Road that currently stood at 155 feet. Adding the Garden Avenue property will result in a depth of 215 feet and will accommodate stacking for the drive-thru line, so they did not have a problem like Tim Horton’s on Union Road. The vacant home at 28 Garden Avenue will be demolished. Mr. Lorigo stated that the issues raised at the Planning Board meeting had to do with screening. A new fence was
11-B LEGAL NOTICES 1. (continued) proposed along the eastern property line. The north property line also required some screening to prevent headlights from shining in the neighbor’s yard. The Planning Board proposed a berm; however, the neighbor preferred to have a fence and 8’ arborvitae in front of the fence because he thought that would be a better screening. This was acceptable to the petitioner because the berm would take up too much space on the property. Karen Lucachick, 61 Greenmeadow Drive, questioned if signs will be posted directing the traffic to the entrance and where these signs will be located. Mr. Lorigo responded that the entrance will be on Garden Avenue and signs will be located on the property directing traffic accordingly. Motion by Supervisor Clark, seconded by Councilman Hicks, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a rezoning for property located at 28 Garden Avenue, being part of Lot No. 90, changing its classification from R-65 to C-2, to remove existing house for stacking and parking purposes for a proposed Dunkin Donuts, with the stipulation that a six-foot stockade fence be constructed along the north property line with 8-foot arborvitae in front of the fence for screening.
*APPENDICES* 2. Motion by Supervisor Clark, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE 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” 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 authorize an 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, in the Town of West Seneca.
11-B LEGAL NOTICES 3. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE IMPROVEMENT OF THE FACILITIES OF WEST SENECA WATER DISTRICT NO. 3, CONSISTING OF THE CONSTRUCTION AND REPLACEMENT OF APPROXIMATELY 3000 LINEAL FEET OF 4-INCH PVC WATERMAIN WITH 3000 LINEAL FEET OF 8-INCH PVC WATERMAIN ON THE WEST SIDE OF LEYDECKER 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 Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize an improvement of the facilities of West Seneca Water District No. 3, consisting of the construction and replacement of approximately 3000 lineal feet of 4-inch pvc watermain with 3000 lineal feet of 8-inch pvc watermain on the west side of Leydecker Road, in the Town of West Seneca.
4. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE 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 Hicks, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize an 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.
11-B LEGAL NOTICES 5. Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF ONE BASEBALL DIAMOND GROOMER AND REPLACEMENT OF THE FLOOR IN THE TOWN’S LIBRARY; ESTIMATING THAT THE TOTAL COST THEREOF IS $67,548 IN SERIAL BONDS OF THE TOWN TO FINANCE THESE VARIOUS PUBLIC IMPROVEMENTS; APPROPRIATING SAID AMOUNTS THEREFORE; AND AUTHORIZING THE ISSUANCE OF $67,548 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION” in the Town of West Seneca, received and filed. 6. Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING (A) THE ACQUISITION OF VARIOUS VEHICLES FOR USE BY THE TOWN’S SANITATION, SEWER AND HIGHWAY DEPARTMENTS AND (B) THE RECONSTRUCTION AND REPAVING OF CERTAIN ROADS; ESTIMATING THAT THE TOTAL COST THEREOF IS $3,384,650 IN SERIAL BONDS OF THE TOWN TO FINANCE THESE VARIOUS PUBLIC IMPROVEMENTS; APPROPRIATING SAID AMOUNTS THEREFORE; AND AUTHORIZING THE ISSUANCE OF $3,384,650 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION” in the Town of West Seneca, received and filed. 11-C COMMUNICATIONS 1. Town Attorney re Pine Cove Drive dedication Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the deed to Pine Cove Drive for dedication and filing with the Erie County Clerk’s Office.
2. Town Attorney re Readoption of Sex Offender Ordinance Motion by Councilman Bove, seconded by Councilman Osmanski, to re-adopt a local law barring registered sex offenders from living within 1500 feet of schools, parks, playgrounds, athletic centers, day care centers, or any place where children congregate, with an exception added that someone who already owns a home and has residence within the 1500 feet will be grandfathered in.
3. Town Attorney re Public hearing for relocation of Colony Liquor & Wine Distributors LLC Motion by Councilman Osmanski, seconded by Supervisor Clark, to schedule a public hearing for September 18, 2006 at 7:30 P.M. to consider consenting to the relocation of Colony Liquor and Wine Distributors from the Town of West Seneca to an Economic Development Zone in Lyons, New York.
4. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $1758 to Waste Stream Technology, Inc. for quarterly sampling reports.
11-C COMMUNICATIONS 5. 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 August 7 – 11, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Highway Department: Fleet Maintenance (truck repairs) $2878.31 Great Plate Glass Co. (door at Burchfield Ctr.) $2197.00 Miracle Recreation (replacement of damaged equipment at Dorrance Ave. playground) $2867.41
7. Chief Gehen re Grant funding for police & fire dispatch equipment Motion by Councilman Osmanski, seconded by Councilman Bove, to adopt the following resolution concerning the Department of Criminal Justice Services grant funding awarded to the Town of West Seneca Police Department that was used for replacement of the town’s police and fire dispatch equipment: WHEREAS, the town’s Police Department has been awarded three Department of Criminal Justice Services grants to assist with equipment purchases for the police and fire dispatch system; and WHEREAS, the town’s 2006 adopted budget does not include the estimated revenues and authorized appropriations related to these grants; and WHEREAS, the town has accepted these grants and wishes to amend the adopted budget; now, therefore, be it RESOLVED, that the Town Board hereby authorizes amending the 2006 adopted budget as follows: Increase estimated revenues – A.3490 State Aid $100,000 and increase authorized appropriations – A.3120.0211 Police Dispatch Equipment $100,000.
8. Chief Gehen re Attendance of Lt. Cunningham at Juvenile Officers training conference Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Lt. John Cunningham to attend the State of New York Police Juvenile Officers Association 31st annual training conference in Rochester, New York, August 20 – 25, 2006 at a cost not to exceed $990.
9. Chief Gehen re Budgetary transfer request Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a budgetary transfer of $2317.08 from Account #01.1670.0200 Purchases to Account #01.3120.0208 Purchases.
. 11-C COMMUNICATIONS 10. Chief Gehen re Appointment of Daniel Denz as Asst. Chief of Police Motion by Councilman Osmanski, unanimous second, to terminate Daniel Denz as Police Captain effective August 14, 2006 and appoint Daniel Denz as Assistant Chief of Police effective August 15, 2006 at an annual salary of $81,093.73 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Supervisor Clark stated that Daniel Denz has been an outstanding police officer and is very committed to his job and to the citizens. He is a fine officer and Supervisor Clark was proud to be appointing him Asst. Chief of Police.
11. Chief Gehen re Appointment of Kevin Baranowski as Police Lieutenant Motion by Councilman Osmanski, unanimous second, to terminate Kevin Baranowski as Police Officer effective August 14, 2006 and appoint Kevin Baranowski as Police Lieutenant effective August 15, 2006 at an annual salary of $70,378.49 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Supervisor Clark stated that Officer Baranowski distinguished himself as a committed and professional police officer and he was confident that he would make a fine lieutenant.
Motion by Councilman Hicks, unanimous second, to appoint James P. Unger, as Police Officer Temporary effective September 4, 2006 at an annual salary of $43,813.38 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Unger’s temporary appointment is contingent until the final results of his psychological examination are satisfactorily completed. On the question, Supervisor Clark stated that James Unger was a Deputy with the Erie County Sheriff’s Department and had indicated his desire to serve as a police officer in the Town of West Seneca. Chief Gehen met with Deputy Unger several times and determined that he would be a great fit for the West Seneca Police Department. With this appointment the town not only received immediate service, there was also a tremendous savings in training costs.
12. Chief Gehen re Leave of absence for Kathleen Brenner Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a leave of absence for Clerk Stenographer Kathleen Brenner effective September 18, 2006 through September 17, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Supervisor Clark thought that the town had a prohibition on internal leaves of absence and questioned if the town’s labor counsel had reviewed this request. Town Attorney Timothy Greenan stated that leaves of absences were approved in the past for employees who went to work for other agencies, and the Town Board had renewed leaves of absence on an annual basis for various individuals. However, there was a change to the Blue Collar contract that prohibited that practice. He would have to check the White Collar contract to determine if this was allowed. The motion was withdrawn.
11-C COMMUNICATIONS 12. Chief Gehen re Leave of absence for Kathleen Brenner (continued) Mr. Greenan reviewed the White Collar contract and found no prohibition on leaves of absence. Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a leave of absence for Clerk Stenographer Kathleen Brenner effective September 18, 2006 through September 17, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Chief Gehen re Status change for J. McCullough, J. Kavanaugh & M. Rybak to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatchers James McCullough, James Kavanaugh, and Michael Rybak to part-time seasonal effective July 1 – 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Chief Gehen re Status change for J. McCullough & E. Jarka to part-time seasonal Motion by Councilman Hicks, seconded by Supervisor Clark, to change the status of part-time Public Safety Dispatchers James McCullough and Edward Jarka to part-time seasonal effective August 1 – 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Chief Gehen re Status change for D. Littler to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatcher Donald B. Littler to part-time seasonal effective August 1 – 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Town Justices re Appointment of Kathleen Brenner as Clerk to Town Justice Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Kathleen Brenner, as full-time Clerk to the Town Justice effective September 18, 2006 at an annual salary of $37,079.64 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Town Justices re Resignation of Paul Parisi as part-time Warrant Clerk Motion by Councilman Osmanski, seconded by Supervisor Clark, to accept the resignation of Paul C. Parisi and terminate him as part-time Warrant Clerk effective August 14, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11-C COMMUNICATIONS 18. Town Justices re Appointment of Joseph Lorigo as part-time Warrant Clerk Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Joseph C. Lorigo as part-time Warrant Clerk at a rate of $11.80 per hour effective August 14, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Recreation Director re Title change for Erin Clark to part-time clerk typist Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Erin Clark as Recreation Attendant effective August 14, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Erin Clark as part-time Clerk Typist at a rate of $6.90 per hour effective August 15, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Clerk Typist Erin Clark to part-time seasonal effective August 15 – October 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11-D REPORTS ISSUES OF THE PUBLIC FREEDOM OF INFORMATION REQUEST ON SUPERVISOR’S SALARY Dale Clarke, 379 Indian Church Road, stated that he still had not received the information he requested on Supervisor Clark’s salary under the Freedom of Information Act. He reviewed the Organization Meeting minutes and did not see where the raises for budget officer, life insurance, or retirement pension was part of the budget. There was a $3700 salary increase, $323 for budget officer, a raise on life insurance, and a raise on the retirement pension. Mr. Clarke questioned why Town Attorney Timothy Greenan could not furnish him with this information. Mr. Greenan responded that his job as Town Attorney was to represent the Town of West Seneca with regard to Town Law. With regard to the Freedom of Information Act, the Town Board appointed Deputy Town Attorney Paul Notaro as the Freedom of Information Officer. Supervisor Clark stated that his salary was very public, was always published in accordance with NYS Law, and was listed in the town’s budget.
ISSUES OF THE PUBLIC FREEDOM OF INFORMATION REQUEST ON SUPERVISOR’S SALARY (continued) Councilman Osmanski stated that under the Freedom of Information Act, an individual could request a document and the town was required to produce that document. However, Mr. Clarke was not asking for a document; he was asking for information that had to be compiled into a document. RESIDENT QUESTIONS SPECIAL MEETING ON REZONING REQUEST Paula Minklei, Orchard Park Road, questioned the urgency of the special Town Board meeting held on August 2nd. She was very interested in the public hearing that was held concerning the rezoning request on Potters Road, but was unaware that a special meeting had been called. Supervisor Clark responded that official notice was posted for the special meeting in the newspaper and on the town’s website. Town Attorney Timothy Greenan stated that all public hearings were published in the West Seneca Bee, the official newspaper for the town. Mrs. Minklei stated that the public hearing held on August 2nd was not in the West Seneca Bee. Deputy Town Attorney Paul Notaro stated that notice of the public hearing was properly given through the Town Attorney’s office and the Town Clerk’s office well in advance of the 72-hour requirement. Notification was sent to the Buffalo News, West Seneca Bee and Front Page. It was also properly posted in Town Hall. The law did not require that a legal notice be published for every official meeting. Mrs. Minklei understood that a proposed zoning change was required to be published. Mr. Notaro stated that this was not accurate. Mrs. Minklei again questioned the urgency of the meeting. Supervisor Clark responded that the urgency was to cooperate with the developer in a very critical time path with respect to a potential tenant in the commercial office building. This was an agency of the federal government and they needed any action to occur before a certain date. To hold the public hearing until this date would have gone past the deadline. Mrs. Minklei stated that she was opposed to approving a rezoning like this without a Master Plan and a direction for the town. Karen Lucachick, 61 Greenmeadow Drive, stated that the Town Board usually met on Monday evenings so the Wednesday meeting was not normal. She also had not seen the meeting advertised anywhere. Mrs. Lucachick commented that the Town Board’s actions devalued the Planning Board and she questioned why there was a Planning Board when the Town Board made the rules. The Planning Board did not recommend the project on Potters Road, but that made no difference to the Town Board members. Mrs. Lucachick also thought that the Town Board’s actions devalued the public’s estimation of the board members and of government. She thought the board members had all turned against the citizens of the town and were not doing anything for the residents.
ISSUES OF THE PUBLIC REQUEST QUESTIONS SPECIAL MEETING ON REZONING REQUEST (continued) Councilman Hicks responded that sometimes the Town Board had to call emergency meetings, and they had a responsibility to the entire town, not just certain individuals. The rezoning that was approved at the special meeting and the project that will be built will increase the town’s assessed value by over $5 million. He considered their decision responsible government rather than irresponsible government. Councilman Graber stated that the residents of Slade Avenue and Potter Road who were directly impacted by the rezoning were notified of the special meeting and were present at the meeting to offer their points of view. Supervisor Clark thought that the Town Board acted very responsibly on the rezoning and commented on the revenue the school district will receive from the sale of this property, the increase in assessed valuation for the town, and the contribution to the business community. He further noted that the entire area along Slade Avenue was zoned commercial except for that orphan parcel. The developer will also receive no tax abatements for the project. Mrs. Lucachick referred to a town meeting held a few years ago concerning the widening of Orchard Park Road and stated that only the people that lived on Orchard Park Road were notified of that meeting, but there were a number of feeder streets that were affected by the widening and none of those people were notified. Supervisor Clark stated that he called that meeting as a courtesy to inform the public on the widening of Orchard Park Road. A number of people were opposed to the widening and they got together and defeated the large super highway plan presented by the New York State Department of Transportation (NYSDOT). Councilman Graber questioned Mrs. Lucachick’s opinion on the widening of Orchard Park Road. Mrs. Lucachick responded that she was in favor of three lanes with sidewalks, not a five-lane highway. Councilman Graber noted that periodically the NYSDOT had scoping sessions to decide where they were going and the Town of West Seneca was on record asking them to reevaluate the widening of Orchard Park Road, in particular, the possibility of a turning lane. Virginia Grandoni, Orchard Park Road, stated that when she contacted the NYSDOT a few years ago the project was not in their five-year budget, they had abandoned the five-lane proposal. What puzzled her was that they had done what Orchard Park wanted them to do, because Orchard Park became very involved in the planning and actual development of the sidewalks and three lanes. Mrs. Grandoni suggested that the Town Board get more involved and push for the NYSDOT to widen Orchard Park Road to three lanes. Councilman Graber commented that the Orchard Park Town Board was primarily Republican and Governor Pataki was also Republican. He thought that when Eliot Spitzer, a Democrat, is elected Governor the West Seneca Town Board will have a better bargaining position. Councilman Osmanski disagreed and commented that the NYSDOT had changed over the years and they were now doing much more pedestrian friendly projects. Supervisor Clark encouraged Mrs. Grandoni to contact State Senator William Stachowski and State Assemblyman Mark Schroeder concerning the widening of Orchard Park Road. Mrs. Grandoni asked that Supervisor Clark also contact these individuals and push for this project.
ISSUES OF THE PUBLIC ONGOING ISSUES AT NICKEL CREEK CAFÉ Dale Kling, 4760 Clinton Street, referred to the ongoing problem with Nickel Creek Café and loud music, parking, etc. Mr. Kling commented on an article in the West Seneca Bee reporting that the police were called to this location 11 times in a particular time period and stated that he and Paul Kloc owned businesses and lived at this corner for a number of years and the police were not called anywhere close to 11 times. Mr. Kling noted that the law allowed Nickel Creek Café to have live indoor music, but not on the outdoor patio, so they circumvent the law by opening the windows and doors and dancing on the patio. He called the police this past Saturday night after 11:00 because the music was loud and he did not believe that he should have to put up with it. Mr. Kling asked that the Town Board do something to stop this from happening so the residents in the area could enjoy their homes and yards without having to deal with noise from the Nickel Creek Café. Chief Gehen stated that from July 1st to this date police responded to the Nickel Creek Café 14 times, four of which were periodic checks by officers. No violations were found during the four periodic checks. An officer responded to the call Saturday night and measured the noise decibels, but they were found to be acceptable. An officer also responded to a complaint call on Sunday afternoon at 4:35, but they found no loud music at that time. Chief Gehen stated that his department was being pro-active on this issue and was assigning cars to specifically visit the site. When violations are found, they are addressed. Mr. Kling questioned the allowable decibel level for noise. Chief Gehen responded that the town ordinance just talked about unreasonable noise, so it was rather subjective on the officer’s perception as far as what an acceptable noise level was given the time of day, day of week, etc. The ordinance was specifically geared toward 11 P.M. until 7 A.M. DUMPING ISSUE ON SENECA CREEK ROAD Robert Kennedy, 1298 Seneca Creek Road, referred to an issue with his neighbor violating the town ordinance with regard to dumping. Code Enforcement Officer William Czuprynski was involved and explained to the neighbor what was required. The neighbor did not comply, was issued a summons, and ended up in court. Mr. Kennedy stated that there were 50 – 60 dump loads of fill next to his property that was a weed pile with rocks and mud when it rained. The neighbor was in court eight months ago and the property was still not cleaned up. He questioned what could be done to resolve this issue. Supervisor Clark stated that the court operated very independently from the Town Board, but they could try to assist with communication between the resident and the Judge. Town Attorney Timothy Greenan stated that he would follow up on this issue with a note to the Judge. PROGRESS ON GASLIGHT CONVERSION PROJECT Sharon Syracuse, 183 Theresa Court, stated that she lives in one of the lighting districts that was converting from gas to electric and questioned if anyone was monitoring the progress of the project. Her development included Theresa Court, Heather Hill Drive and Pamela Court, and the lights in Pamela Court had been installed. Although the electric lights were not lit on Pamela Court, the gaslights were still burning. On Theresa Court, the gaslights were shut off but the electric lights were not yet installed. Mrs. Syracuse stated that she drove down Treehaven Road and it looked like some work was being done there, but they had started her development in mid-June and there has been very little progress.
ISSUES OF THE PUBLIC PROGRESS ON GASLIGHT CONVERSION PROJECT (continued) Town Engineer George Montz responded that there was 12 lighting districts that were in different stages of completion and some of the districts still required easements that were delaying the progress. He would check on this tomorrow and report back to Mrs. Syracuse. Mrs. Syracuse stated that at the current rate this project was moving, they might be without street lighting for some period of time, not the couple of weeks they were initially told in a letter from the town. Councilman Graber responded that he wrote every letter to the residents concerning this project and never included any time frame for completion of the project. Mrs. Syracuse requested that the town supply additional police patrols in her neighborhood, since they had no street lighting. Councilman Graber stated they had run into a couple of easement problems in Theresa Court and also had problems with the preliminary and engineering work that took much longer than anticipated. Another individual had also expressed concern about not having any lighting on Theresa Court and Councilman Graber had talked to Chief Gehen about additional police patrols in that development. He noted that the conversion project was taking time because there were three different companies, doing three different activities, at three different times, and they were not always perfectly coordinated. National Fuel was cutting off gas to the gaslights, Simoncelli Electric was installing the new standards and lights, and NYSEG had to energize the lights. Councilman Graber stated that this could end up being a three-year project from start to finish, but Mr. Montz was constantly monitoring the project and it was the town’s goal to have all the old lights removed and the new lights installed and lit by the end of this summer. He felt bad that the project was taking a lot longer than originally thought, but noted that construction always took longer than anticipated. Councilman Graber thought that they had given NYSEG more than ample time to energize some of the new lights and suggested that the residents call the Public Service Commission at 1-800-342-3377. He further asked that Mr. Montz contact Jim Latello at NYSEG and let him know that at the direction of the West Seneca Town Board he will be in touch with the Public Service Commission with regard to energizing the lights involved in the gaslight conversion project. He further noted that the last subdivision with gaslights decided to convert their lights to electric, so by the end of summer all the gaslights in town will have been converted. DEPARTMENTAL PRESENTATIONS Karen Lucachick, 61 Greenmeadow Drive, commented that she appreciated the presentations by the various departments within town government, but the Receiver of Taxes was scheduled earlier this year and did not give a presentation. She questioned if this department would be rescheduled at some future date. Town Attorney Timothy Greenan stated that the Town Board did not have the ability to tell another elected official that they had to give a presentation. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PURCHASE OF ASPHALT ZIPPER Motion by Councilman Hicks, seconded by Councilman Graber, to authorize Highway Supt. Patrick Finnegan to purchase one 2006 asphalt Zipper road grinding machine at a cost of $82,950 noting that funds are available in the 2006 Equipment Bond.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PURCHASE OF ASPHALT ZIPPER (continued) On the question, Councilman Hicks stated that every time the town mills a street they have to rent a piece of equipment, so this equipment purchase will more than pay for itself in one to two years.
STOP DWI AGREEMENT Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor the STOP DWI agreement with the County of Erie for a term of January 1, 2005 through December 31, 2007.
STATUS OF MASTER PLAN Councilman Osmanski stated that last minute revisions were being made to the Master Plan and it was not ready in time for the public to review it prior to this meeting. He anticipated that the Master Plan would be on the agenda for the September 18th Town Board meeting and available for review prior to that. TOWN BOARD MEETING DATE CHANGED Supervisor Clark announced that the Town Board meeting scheduled for September 11th had been changed to September 18th. TOWN WEBSITE Supervisor Clark commented on the number of hits to the town website and noted that it was a good source of information for the public. He stated that Town Clerk Patricia DePasquale and Webmaster James Manley did a great job at keeping the website current and he encouraged the public to use it. Hits on the website in 2005 were 30,041 and through July of 2006 there was already 24,800. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:15 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |