West Seneca Town Board Minutes 12/11/2006
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 Rev. Margaret E. Rich, Marvin G. Weber, Wanda F. Miskovski, and Margaret M. Bihr. 15-A MINUTES TO BE APPROVED
15-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 2603 SENECA STREET, BEING PART OF LOT NO. 36, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR ADDITION OF A THIRD DWELLING UNIT IN AN EXISTING STOREFRONT” in the Town of West Seneca, be received and filed. (Joseph P. Colantuono)
Motion by Supervisor Clark, seconded by Councilman Hicks, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its November 9, 2006 meeting, the Planning Board recommended denial of the request for a special permit for property located at 2603 Seneca Street, being part of Lot No. 36, changing its classification from C-1 to C-1(S), to add a third dwelling unit, based on the additional unit adding to the parking problem in the area.”
15-B LEGAL NOTICES 1. (continued) Joseph Colantuono, 2603 Seneca Street, stated that there currently were two two-bedroom apartments and a storefront at 2603 Seneca Street, but the storefront had been vacant for some time. When he purchased this property, the building was boarded up, but in the last two years he changed it into a habitable building and would like to add a third unit. Mr. Colantuono did not believe that a third dwelling unit would add to the parking problem in the neighborhood. The Planning Board had told him that he needed ten feet from the back of his vehicle to the street and he had nine feet. Mr. Colantuono presented pictures of other houses on the street and noted that all of them parked closer to the street than ten feet. He further commented that if the building were to be left as is and a store opened in the storefront, there would be more of a parking problem than with a third dwelling unit. No comments were received from the public. Motion by Councilman Osmanski, seconded by Supervisor Clark, 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 2603 Seneca Street, being part of Lot No. 36, changing its classification from C-1 to C-1(S), to add a third dwelling unit, based on the additional unit adding to the parking problem in the area. On the question, Councilman Osmanski commented that Mr. Colantuono was maintaining his property very nicely, but he had no accommodation for parking for a third unit. Many of the neighbors were parking in the same manner as Mr. Colantuono was proposing, but the Town Board had no jurisdiction over that. If the Town Board were to approve this request, Mr. Colantuono would still have to apply to the Zoning Board of Appeals for a variance for parking.
15-C COMMUNICATIONS 1. Town Attorney re 2006 – 2007 CDBG Project Agreement Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2006-2007 CDBG Project Agreement with the County of Erie for the School Street housing acquisition and rehab project.
2. Town Engineer re Hydrant additions in West Seneca Water District #3Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve an additional annual hydrant fee of $585.12 to Erie County Water Authority for four additional hydrants to be installed along the north side of Southwestern Blvd. in West Seneca Fire District Nos. 3 & 4 (2 each), under the Buffalo RV Center & Fox Trace Apartments projects.
15-C COMMUNICATIONS 3. Town Engineer re Purchase of emergency generator for Plant 5 Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of a Generac Power Systems, Inc. diesel engine generator set with transfer switch from R.L. Kistler, Inc., 300 Buell Road, Rochester, New York 14624, for a total cost of $38,588. On the question, Supervisor Clark stated that this generator will give emergency backup power at Plant 5, a vital part of the town’s sewer service system.
4. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $2541.07 to Peerless Mill Supply Co., Inc. for sewer hoses.
5. Highway Supt. re Military leave of absence for William Geary Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a military leave of absence to William Geary for November 22, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Appointment of Michael Ryan as part-time laborer Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Michael Ryan, as part-time laborer at a rate of $6.75 per hour effective December 12, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7. Highway Supt. re Appointment of Sean Donaldson as part-time laborer at Ice Rink Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Sean Donaldson, as part-time laborer in the Buildings & Grounds Department to work at the Ice Rink at a rate of $6.75 per hour effective December 11, 2006 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 $3182.82 to Valley Tire Co., Inc. for tires and $2840 to R.B. U’Ren Equipment Inc. for rental of an aerial lift.
15-C COMMUNICATIONS 9. Chief Gehen re Bid date for in-station video system Motion by Councilman Osmanski, seconded by Councilman Bove, to set a bid date of December 28, 2006 at 10:00 A.M. for receipt of bids on the purchase of an in-station DVD video system.
10. Chief Gehen re Bid award for purchase of unmarked police vehicle Motion by Councilman Osmanski, seconded by Councilman Bove, to award the bid for a new unmarked police vehicle to DeLacy Ford, 3061 Transit Road, Elma, NY 14059 at their low bid price of $11,517 plus trade-in for a 2006 Ford Taurus.
11. Chief Gehen re Purchase of mobile data terminals Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of five (5) Panasonic Toughbook Model 30 mobile data terminals from GTSI Corp., 3901 Stonecroft Blvd., Chantilly, VA 20151-1010 at the state contract price of $4762.81 each, for a total cost of $23,814.05.
12. Chief Gehen re Purchase of light bars Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of ten (10) Star Sabre Lightbars Model 5421HLD-R at the state contract price of $1275 each plus $150 installation per unit, for a total cost of $14,250 from FM Communications, 1914 Colvin Blvd., Tonawanda, NY 14150.
13. Chief Gehen re Attendance of Lt. Dudziak at Breath Analysis Instructor seminar Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Lt. David Dudziak to attend the Breath Analysis Instructor update seminar in Albany, New York, on January 5, 2007 at a total cost not to exceed $100.
14. Chief Gehen re Reinstatement of Donald Driscoll as police officer Motion by Councilman Osmanski, seconded by Councilman Bove, to rescind the leave of absence for Donald Driscoll and reinstate him as police officer effective December 24, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15-C COMMUNICATIONS 15. Chief Gehen re Title change for Officer John McNamara to Police Lieutenant Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate John McNamara as Police Officer effective December 11, 2006 and appoint John McNamara as Police Lieutenant at an annual salary of $70,378.49 effective December 12, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Chief Gehen re Seasonal status for part-time Public Safety Dispatchers D. Littler & E. Jarka Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Public Safety Dispatchers Don Littler and Edward Jarka to part-time seasonal effective December 1 – 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Chief Gehen re Title change for part-time Public Safety Dispatcher D. Littler to temporary full-time Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Public Safety Dispatcher Don Littler to full-time temporary for a period of ninety days commencing January 1, 2007 at a rate of $18.39 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
18. Recreation Director re Termination of E. Tirzian & appointment of L. Pavlovic as Lifeguard Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Erica Tirzian as part-time Lifeguard effective September 30, 2006 and appoint Loren Pavlovic as part-time Lifeguard at a rate of $6.75 per hour effective December 18, 2006 through May 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $7304 to West Seneca Youth Baseball for umpire fees.
15-C COMMUNICATIONS 20. Recreation Supervisor re Seasonal status for part-time employees Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of the following part-time employees to part-time seasonal effective January 2 – June 1, 2007: Judy Seitz, Food Service Helper and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
21. Youth Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $2575.40 to Al Ross Sport Screening for t-shirts and golf shirts for the YES Program.
15-D REPORTS ISSUES OF THE PUBLIC FREEDOM OF INFORMATION REQUEST Timothy Murek, 45 Leacliff Lane, stated that he sent a Freedom of Information (FOIL) request to Town Attorney Timothy Greenan on August 16, 2006 and did not receive any information he had requested until he retained an attorney at a cost of $1500. He had also stopped numerous times in Supervisor Clark’s office, but received no return calls. Mr. Murek noted that federal law states the town must respond to a FOIL request within 20 days and he asked that the Town Board do something to correct this situation. Councilman Hicks questioned what type of information Mr. Murek was looking for. Mr. Murek responded that he was looking for wages and benefits for individual employees and it was specified in his request. He questioned why the Town of West Seneca was not abiding by federal law and stated that by not responding they were putting the town in jeopardy of a lawsuit. Mr. Greenan stated that when his office receives a FOIL request it is forwarded to the appropriate department for their response to the information requested. He was not aware of the FOIL request Mr. Murek was referring to, but recalled a FOIL request he had submitted approximately one year ago relative to the Police Department’s enforcement of a custody and visitation order. Mr. Greenan had spoken with Chief Gehen regarding that request along with Mr. Murek’s attorney and a representative from Family Court. Mr. Murek stated that he had certified receipts of the FOIL request and would forward copies to each of the board members.
ISSUES OF THE PUBLIC MAINTENANCE OF ICE RETENTION STRUCTURE Richard Metzger, 4285 Seneca Street, expressed concern over maintenance of the ice retention structure and thanked Councilmen Graber and Bove for their attention to this issue. Councilman Graber stated that the Army Corps of Engineers, under the auspices of Town Engineer George Montz, would be taking care of the debris build up and Highway Supt. Patrick Finnegan would be taking care of the tree at the Mill Road bridge. Mr. Metzger questioned the timing for this work being done since the cold weather season was eminent. Mr. Montz responded that the Army Corps of Engineers was aware of the urgency of this matter and Project Engineer Mike Smith was preparing a contract for removal of the debris. A contractor had reviewed the situation and would be submitting his proposal. Supervisor Clark questioned if the debris was caused by the October storm and the excess foliage along the creek bed. Mr. Metzger stated that he lived along the creek for many years and the amount and type of debris coming down it this year was not unusual. He thought the ice retention structure would require periodic inspection and cleaning to keep this from becoming a problem. Mr. Montz stated that the town would be taking over maintenance of the ice retention structure as soon as it was turned over to them, but currently the Army Corps of Engineers was still handling the maintenance. Councilman Bove thanked Mr. Metzger for his concern and for keeping the Town Board informed on this matter. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS SEASONAL PART-TIME STATUS FOR PUBLIC SAFETY DISPATCHER RICHARD GALLI Motion by Councilman Hicks, seconded by Councilman Graber, to change the status of part-time Public Safety Dispatcher Richard J. Galli to part-time seasonal effective December 1 – 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PAYMENT FOR INSTALLATION OF GAS LINE AT HIGHWAY GARAGE Motion by Councilman Graber, seconded by Councilman Osmanski, to authorize payment of $2708.80 to Osinski Plumbing for installation of a two-inch gas line from the meter to a backup generator at the West Seneca Highway Garage.
PURCHASE OF WEB FILTERING DEVICE Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the purchase of a web filtering M1200, I Prism St. Bernard Internet monitoring appliance device from Synchronet Industries, Inc., 19B Ransier Drive, West Seneca, at a cost of $3989 including four (4) years support and maintenance.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS SEWER RATE COMPARISON AND MERGER FEASIBILITY STUDY Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the attached resolution regarding the sewer rate comparison and merger feasibility study with the Erie County Department of Environment and Planning. On the question, Councilman Osmanski noted that this would be at no cost to the town and would be partially funded by a grant or by Erie County Sewer District No. 1.
*APPENDICES* PAYMENT FOR ITEMS FOR SENIOR FITNESS CENTER Motion by Councilman Bove, seconded by Councilman Hicks, to authorize payment of the following vouchers for the senior citizens fitness center: Stebman Properties LLC (entrance sign) $1964.00
TOWN BOARD MEETINGS SCHEDULED Supervisor Clark announced the Town Board meetings scheduled for the first quarter of 2007 as follows:
SENECA CREEK ROAD DRAINAGE ISSUE Code Enforcement Officer William Czuprynski referred to an issue raised by a Seneca Creek Road resident that was awaiting a decision from the Town Court concerning her neighbor who had performed drainage work on his property without a permit from the town. Mr. Czuprynski advised that the Judge rendered his decision on this matter after the last Town Board meeting. HAPPY HOLIDAYS Town Board members and department heads wished everyone a Merry Christmas and a Happy & Healthy New Year. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 8:35 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |