West Seneca Town Board Meeting Minutes 06/11/2007
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 Nora Hoak, Daniel Shanahan Jr., William T. Farr, Joseph A. Hamann, Jr., Jason F. Gorney, and Gerald F. Shea. 7-A MINUTES TO BE APPROVED
7-B LEGAL NOTICES 1. Motion by Councilman Osmanski, seconded by Councilman Hicks, 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 1976 RIDGE ROAD, BEING PART OF LOT NO. 296, CHANGING ITS CLASSIFICATION FROM M-1(S) TO M-1(S), FOR A CAR RENTAL FACILITY” in the Town of West Seneca, be received and filed. (Marita Car Rentals, Inc.)
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
7-B LEGAL NOTICES 1. (continued) Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its May 10, 2007 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1976 Ridge Road, being part of Lot No. 296, changing its classification from M-1(S) to M-1(S), for a car rental facility, subject to submitting to the Town Board a parking plan drafted to conform with current NYS Law with regard to handicapped parking.” Attorney Jennifer Dougherty of Phillips Lytle LLP represented Marita Car Rentals, Inc., an independent licensee of Budget Car Rentals. Marita Car Rentals is a NYS certified woman owned business, locally owned and operated in Western New York for 40 years. They employ 120 plus people and operate in eight locations in the greater Buffalo area. There will be no modifications to the existing structure. Hours of operation will be 7 A.M. until 7 P.M. or shorter if the market demands less time. There will be three employees – a desk clerk, a car inspector that does the cleaning and a manager that oversees the operation. Ms. Dougherty stated that the Planning Board recommended approval of their application based upon a revision in the site plan addressing the handicapped parking. Marita Car Rentals was proposing to change the designated handicapped parking spaces and widen the aisles to conform to NYS Law. This would reduce the parking by one space. Ms. Dougherty stated that this site was chosen because it met all their needs, had a paved driveway, perfect access, a planting strip, and no adjoining residential properties. Councilman Bove commented that 1976 Ridge Road was presently vacant commercial property and Budget Rental Car presented an excellent plan for its use while taking into consideration everything in the neighborhood. She thought the plan submitted should be a standard for other commercial applicants that apply to the town. Everything in the code was looked at and appropriately responded to. Councilman Bove thought this was an excellent plan and a good match for the town. This was vacant property that would be an eyesore, but will now be used for a good productive reason. Councilman Osmanski questioned if an updated parking plan had been submitted. Ms. Dougherty stated that the alteration to the parking plan was a simple change, so they had not gone through the process of a site plan due to the cost and preferred to use that money for painting the building, modifying the sign post, etc. She asked that the special permit be approved subject to the plan conforming to current NYS Law with regard to handicapped parking. Councilman Osmanski referred to a letter received from the Erie County Department of Public Works Division of Highways concerning cross lot access to the traffic signal from Big Lots to Ridge Road. He asked if that access would be maintained. Ms. Dougherty responded they would maintain the cross lot access. Councilman Hicks questioned if vehicles would be sold at this facility. Ms. Dougherty responded that there was no plan to sell vehicles at this facility. Councilman Osmanski referred to a comment made at the Planning Board meeting with regard to adding windshield washer fluid and oil on site. Ms. Dougherty responded that there would be no general maintenance of vehicles, but they did plan to add windshield washer fluid and oil. No comments were received from the public.
7-B LEGAL NOTICES 1. (continued) Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant the request for a special permit for property located at 1976 Ridge Road, being part of Lot No. 296, changing its classification from M-1(S) to M-1(S), for a car rental facility, subject to the parking plan conforming with current NYS Law with regard to handicapped parking as outlined in a letter dated June 11, 2007 and allowing general maintenance of vehicles restricted to the adding or changing of windshield washer fluid and the adding of motor oil and radiator fluid.
*APPENDICES* 2. Motion by Councilman Osmanski, seconded by Councilman Hicks, 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 2481 SENECA STREET, BEING PART OF LOT NO. 37, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR A USED CAR BUSINESS” in the Town of West Seneca, be received and filed. (Joseph Holland) Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its May 10, 2007 meeting, the Planning Board recommended denial of the request for a special permit for property located at 2481 Seneca Street, being part of Lot No. 37, changing its classification from C-2 to C-2(S), for a used car business, noting that there is no way for the project to meet the Town Code.” The petitioner was not present and 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 Bove, to deny the request for a special permit for property located at 2481 Seneca Street, being part of Lot No. 37, changing its classification from C-2 to C-2(S), for a used car business, noting that there is no way for this project to meet the Town Code with regard to setbacks. On the question, Councilman Graber noted that there were a number of old vehicles on the property and he questioned if they could remain on the property. Code Enforcement Officer William Czuprynski stated that the vehicles would have to be removed from the property and he would advise the property owner.
7-B LEGAL NOTICES 3. 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 REZONING FOR PROPERTY LOCATED AT 3761 SENECA STREET, BEING PART OF LOT NOS. 165 AND 166, CHANGING ITS CLASSIFICATION FROM R-65A TO C-2, FOR STORAGE OF CONTRACTOR’S EQUIPMENT” in the Town of West Seneca, be received and filed. (Charles J. Holbrook)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its May 10, 2007 meeting, the Planning Board recommended denial of the request for a rezoning for property located at 3761 Seneca Street, being part of Lot Nos. 165 and 166, changing its classification from R-65A to C-2, for storage of contractor’s equipment.” The petitioner was not present at the meeting. John Margarone, 3767 Seneca Street, stated that an illegal garage operation was running from this property for the past five to six years. He had contacted the Building Department on numerous occasions and submitted pictures of cars being delivered on flatbeds and acetylene torches and garage equipment on site. Mr. Margarone was very concerned about the acetylene tanks and the possibility of explosion if the tanks ruptured. He asked that the Town Board have this business shut down and make them vacate the residential property. Councilman Hicks had visited the property this date and noted there were no vehicles on site. Mr. Margarone responded that the property was cleaned up after the action was initiated for the rezoning. Michael Scott of Scott’s of West Seneca, 3760 Seneca Street, questioned why this business was allowed to operate illegally for the last four to five years. He further questioned where all the hazardous waste was that was generated by the operation of this business. Mr. Scott was concerned that the hazardous waste was deposited in the soccer complex and suggested that Mr. Holbrook or his tenant produce a receipt showing that the hazardous waste was disposed of properly. 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 rezoning for property located at 3761 Seneca Street, being part of Lot Nos. 165 and 166, changing its classification from R-65A to C-2, for storage of contactor’s equipment, noting that the application as submitted did not provide sufficient information to properly review it, the current zoning was not properly identified, all the existing and proposed uses of the site were not identified, and a site plan was not submitted showing the entire site with the location and dimension of all existing and proposed buildings, required setbacks, parking, access and driveways, and stormwater management facilities. On the question, Supervisor Clark directed Code Enforcement Officer William Czuprynski to check this site and contact the New York State Department of Environmental Conservation regarding the hazardous waste disposal.
7-B LEGAL NOTICES 4. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS AND, IF NEED BE, ACT UPON LOCAL LAW NO. 7 OF THE YEAR 2007, THAT WILL PROHIBIT ILLICIT DISCHARGES AND ACTIVITIES CONNECTING SEPARATE STORMWATER SYSTEMS” in the Town of West Seneca, be received and filed.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Deputy Town Attorney Paul Notaro stated that this was an ongoing project between the Engineering Department, Building Department, and Town Attorney’s Office to comply with new federal requirements and New York State Department of Environmental Conservation requirements for improperly discharging any type of improper material or sewage into the inappropriate sewer systems. 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 issue a Negative Declaration with regard to SEQR for Local Law No. 7 of the year 2007 that will prohibit illicit discharges and activities connecting separate stormwater systems.
Motion by Supervisor Clark, seconded by Councilman Bove, to adopt Local Law No. 7 of the year 2007 that will prohibit illicit discharges and activities connecting separate stormwater systems.
*APPENDICES* 5. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proof of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS, AND IF NEED BE, ACT UPON LOCAL LAW NO. 8 OF THE YEAR 2007 ENTITLED, ‘STORMWATER MANAGEMENT, EROSION AND SEDIMENT CONTROL ORDINANCE” in the Town of West Seneca, be received and filed.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Deputy Town Attorney Paul Notaro stated that this was an ongoing project between the Engineering Department, Building Department, and Town Attorney’s Office to comply with new federal requirements and New York State Department of Environmental Conservation (NYSDEC). This statute will protect stormwater runoff so that it does not improperly drain into other sewer systems or flow improperly onto other property. Future developments, based on size and type will have to comply with the stormwater requirements. A Stormwater Management Officer will have to be named and a schedule of fees implemented and updated annually at the Organization Meeting.
7-B LEGAL NOTICES 5. (continued) Amy Carpenter, 406 Woodward Crescent, questioned if existing businesses would be affected by this statute, if businesses and homeowners would both have to comply, and when this will go into effect. Mr. Notaro advised that if they make certain changes or upgrades they would have to comply with the new statute, but if existing structures make no changes, they don’t have to come into compliance at this time. This will primarily affect businesses and larger developments rather than individual households. The NYSDEC is requiring this by December 31, 2007. The fee schedule will only be in the event the town has to act on, investigate, or enforce the statute. There currently were no projects ongoing. Ms. Carpenter questioned if the NYSDEC will assist with this and if the town will be fined if a resident or business is not in compliance. Mr. Notaro responded that it will primarily be the Stormwater Management Officer, but at certain levels and points the NYSDEC will have to get involved. The town could be fined if someone is not in compliance, but the town has a fine structure that matches the NYSDEC’s, so the town had the ability to fine the offender. Motion by Supervisor Clark, seconded by Councilman Hicks, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to issue a Negative Declaration with regard to SEQR for Local Law No. 8 of the year 2007 entitled, “Stormwater Management, Erosion and Sediment Control Ordinance.”
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt Local Law No. 8 of the year 2007 entitled, “Stormwater Management, Erosion and Sediment Control Ordinance,” in the Town of West Seneca.
*APPENDICES* 6. Proofs of publication and posting of legal notice: “OF THE GRANTING OF A HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 4815 CLINTON STREET, BEING PART OF LOT NO. 3, FOR A BARBER SHOP” in the Town of West Seneca, received and filed. (Anthony Scaccia) 7. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 395 WEST AVENUE, BEING PART OF LOT NO. 185, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR AUTOMOTIVE REPAIR” in Town of West Seneca, received and filed. (B & G Automotive, LLC) 8. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION CONSENTING TO THE RELOCATION OF ARIES TRANSPORTATION SERVICES, INC. FROM THE TOWN OF WEST SENECA TO AN EMPIRE ZONE LOCATED IN BUFFALO, NEW YORK,” received and filed. 9. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING AN INCREASE AND IMPROVEMENT IN THE FACILITIES OF WEST SENECA WATER DISTRICT NO. 3 AT AN ESTIMATED COST OF $80,000” in the Town of West Seneca, received and filed.
7-C COMMUNICATIONS 1. Supervisor Clark re Resignation of Wallace Piotrowski as Town Justice Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Wallace Piotrowski and terminate him as Town Justice effective May 17, 2007 at 5:00 P.M. and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Supervisor Clark re Appointment of Dale McCabe as Town Justice Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Dale J. McCabe and terminate him as Deputy Town Attorney (Town Prosecutor) effective June 11, 2007 and appoint Dale J. McCabe as West Seneca Town Justice effective June 12, 2007 at an annual salary of $35,984 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilman Hicks stated that Dale McCabe did an excellent job as Town Prosecutor for over 15 years and he was proud to promote him to Town Justice. Councilman Osmanski stated that he has known Dale McCabe for 16 years and he was probably one of the most honorable men he knew. He was a great citizen, served the town in many ways as a volunteer and community service, and will make a great Judge. Supervisor Clark agreed with Council Members Hicks and Osmanski concerning the character, skills, and hard work and dedication of Mr. McCabe.
Councilman Hicks administered the oath of office to Dale McCabe. 3. Supervisor Clark re St. John Vianney 7th annual 5K Run Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission for St. John Vianney Church to hold their 7th Annual 5-K Run on Thursday, July 26, 2007 at 6:30 P.M. on designated streets in the Town of West Seneca.
4. Town Attorney re Dedication of roads in Camelot Square Subdivision Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the dedication of Camelot Drive, Louise Drive, Conner Court, and Conner Drive to the Town of West Seneca and authorize the Supervisor to execute the necessary documents to be filed in the Erie County Clerk’s Office.
5. Town Attorney re Bid award for communications system Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for a new communications system to RS Lang Enterprises, Inc., 4 Walnut Creek Trail, Lancaster, NY 14086, noting that there was only one bidder but it does satisfy the bidding requirements.
7-C COMMUNICATIONS 5. Town Attorney re Bid award for communications system (continued) On the question, Town Attorney Timothy Greenan advised that the board members would have to decide whether to lease the communications system at a cost of $565.58 per month for a 60-month lease or purchase the system at a cost of $31,092.70. Supervisor Clark did not believe there were sufficient funds in the current budget for the purchase. Mr. Greenan suggested that the bid award be approved conditioned upon a determination by the Comptroller’s Office as to whether to lease or purchase. Supervisor Clark stated that he had discussed this with Comptroller Charles Koller and the interest cost was extremely favorable, so he thought they would be leasing instead of purchasing. Councilman Bove understood that the town was leasing the current system at a cost of $600 per month. The new system was an upgrade and the lease cost was less than $600 per month. Motion by Councilman Osmanski, seconded by Supervisor Clark, to amend the motion and award the bid for a new communications system to RS Lang Enterprises, Inc., 4 Walnut Creek Trail, Lancaster, NY 14086, for a 60-month lease with purchase option at a cost of $565.58 per month, subject to approval by the Town Attorney’s Office and noting that there was only one bidder but it does satisfy the bidding requirements.
6. Town Attorney re Bid award for concession stand at West Seneca Soccer Complex Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for the concession stand at the West Seneca Soccer Complex to Ice Time of WNY Ltd., 5948 Fairway Court, Lakeview, NY 14085 effective June 1 – September 30, 2007 at the monthly rent of $300 payable to the Town of West Seneca. On the question, Councilman Bove stated that last year the rent was $500 and they were re-bidding it this year with the hope of getting more per month, but this bid was for less money. She thought that utilities should be factored into the cost and suggested tabling this item. Supervisor Clark thought it might be too late in the season to re-bid. Councilman Hicks stated this was bid late and Ice Time of WNY was the only bidder. They believe they lost 1½ months of revenue last year and again this year. The Ice Rink and Soccer Park will be bid together in a couple of months for a five-year contract. The current bid will only be for the interim and will pay the bills. Councilman Bove suggested that serious consideration be given to the cost of utilities to ensure that the price is correct on the future bid. Town Attorney Timothy Greenan recommended that when this is re-bid they total the cost and present a minimum bid for a five-year period.
7-C COMMUNICATIONS 7. Town Attorney re Resignation of Robert Christie as part-time Law Clerk Motion by Councilman Osmanski, seconded by Councilman Bove, to accept the resignation of Robert Christie and terminate him as part-time Law Clerk effective June 15, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilman Osmanski stated that Mr. Christie was going back to law school, but he did a fine job in the Town Attorney’s office while he was employed by the town. Councilman Bove further noted that Mr. Christie received a full scholarship to Indiana University.
8. Town Engineer re Bid award for Knox Avenue Reconstruction Project Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for the Knox Avenue Reconstruction Project, Job No. K-0701, to Kandey Company, Inc., 19 Ransier Drive, West Seneca, NY 14224, at their low contract amount of $1,533,383.20 and authorize the Supervisor to sign the contract documents. On the question, Councilman Osmanski stated that Kandey Company had previously done work for the town and does an excellent job. Of the total bid, $420,000 was for a watermain project that would be reimbursed by Erie County Water Authority. Councilman Osmanski further noted that a petition was submitted at the last board meeting requesting that sidewalks not be installed on Knox Avenue. In response to that, the town surveyed the residents and received an overwhelming response in favor of the sidewalks, so they will be installed as part of this project.
9. Town Engineer re Bid award for Leydecker Road Watermain Loop Project Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the Leydecker Road Watermain Loop Project, Job No. L-0607, to Fairway Contracting, PO Box 352, Orchard Park, NY 14127, at their low contract amount of $72,756.15 and authorize the Supervisor to sign the contract documents.
10. Town Engineer re Out-of-title pay for Gary Bommer Motion by Councilman Osmanski, seconded by Councilman Bove, to approve out-of-title pay for Gary Bommer effective May 31 – June 8, 2007 at the Town Engineer’s hourly rate and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $2699.16 to TVGA Consultants for additional field work and mapping for floodplain with regard to the Ice Control Structure.
7-C COMMUNICATIONS 12. Highway Supt. re Title change for Dennis Weber to Highway Laborer Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Dennis Weber as Sanitation Motor Equipment Operator and appoint Dennis Weber as Highway Laborer, Group 1, Step 1, at a rate of $20.62 per hour effective May 28, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Highway Supt. re Appointment of summer help in Highway Department Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following summer help in the Highway Department at a rate of $7.15 per hour effective June 11 – September 7, 2007: Nicholas Margarucci and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Highway Supt. re Termination of summer help Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate John Adymy as summer help in the Highway Department effective May 29, 2007 and terminate Robert Abraham and Kevin Weber as summer help in the Buildings & Grounds Department effective June 11, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Highway Supt. re Appointment of summer help in Bldgs. & Grounds Department Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following as summer help in the Bldgs. & Grounds Department at a rate of $7.15 per hour effective June 11 – September 7, 2007: Nicholas D’Alessandro and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7-C COMMUNICATIONS 16. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers: Valley Tire Co., Inc. (tires) 3210.90 Fleet Maintenance Inc. (truck repairs) 2147.01 Schaub Equipment (tractor) 5000.00 Brute Spring (truck repairs) 3159.08 Casey’s Truck Salvage (truck repairs) 3450.00 Schaefer Plumbing Supply Co., Inc. (two air conditioners for exercise room) 3800.49
17. Chief Gehen re Public hearing for justice assistance grant Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for June 25, 2007 at 7:30 P.M. to address the 2007 Edward Byrne Memorial Justice Assistance Grant, noting that the Town of West Seneca is eligible for an award of $11,027 under this program. On the question, Councilman Bove commended Chief Gehen for using this financial assistance to offset some of the overtime expenses.
18. Chief Gehen re Purchase of radio equipment Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of one (1) Kenwood UHF 420/450 MHz mobile radio with corresponding antenna system, one (1) Kenwood VFH mobile radio, two (2) DC termination panels and two (2) 10/12 amp power supply, including installation, under NYS Contract #PT62491 from FM Communications Inc., 1914 Colvin Blvd., Tonawanda, New York, at a total cost of $2090.
19. Chief Gehen re Attendance of Jeff Lukis at computer conference Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Computer Administrator Jeff Lukis to attend the Advanced Troubleshooting, Maintaining and Upgrading PCS Conference, May 29 – 30, 2007 in Rochester, New York, at a cost not to exceed $995.
20. Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of part-time Public Safety Dispatchers James McCullough and James Kavanaugh to part-time seasonal effective May 1 – June 30, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7-C COMMUNICATIONS 21. Chief Gehen re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $5467.80 to Vinyl Signz for police vehicle graphics.
22. Town Clerk re Relocation of Bicentennial Square to town property Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve relocation of the Bicentennial Square to town property.
23. Town Justice re Resignation of Joseph Lorigo as part-time Warrant Clerk Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Joseph C. Lorigo and terminate him as part-time Warrant Clerk effective June 5, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
24. Comptroller re Termination of Sean McParlane as Senior Account Clerk, Provisional Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Sean McParlane as Senior Account Clerk, Provisional, effective June 1, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
25. Code Enforcement Officer re Topsoil removal permit for Marrano/Marc Equity Motion by Councilman Osmanski, seconded by Supervisor Clark, to issue a topsoil removal permit to Marrano/Marc Equity for removal of 2200 cubic yards of topsoil at Burchfield Village at a cost of $.50 per cubic yard for a total cost of $1100.
26. Code Enforcement Officer re Walgreen’s request for electronic reader board Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the request from Walgreens for an electronic reader board at 815 Harlem Road.
27. Recreation Director re Status change for Theresa Boltz to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of Theresa Boltz from part-time to part-time seasonal effective June 18 – August 11, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7-C COMMUNICATIONS 28. Recreation Director re Rate increase for Kristine Wisniewski Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a rate increase to $10 per hour for Kristine Wisniewski effective June 3, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
29. Recreation Director re Rate increase for Colleen Orgek Motion by Councilman Osmanski, seconded by Councilman Bove, to grant a rate increase to Colleen Orgek from Recreation Attendant, Step 1, at $7.15 per hour to Recreation Attendant, Step 2, at $7.50 per hour effective June 1, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
30. Recreation Director re Termination and appointment of summer employees Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate the following employees effective June 1, 2007: Recreation Attendant, Step 2 Recreation Attendant, Step 1 Lifeguard and further, appoint the individuals on the attached list as part-time seasonal effective June 18 – September 30, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
*APPENDICES* 31. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $11,192.20 to West Seneca Youth Hockey for overpayment of hockey fees for the 2006-2007 season.
32. Youth Director re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $1800 to Rich Reimers for woodworking class instruction.
7-D REPORTS ISSUES OF THE PUBLIC NEW GARBAGE REQUIREMENTS QUESTIONED Don Campbell, 6860 East Eden Road, Hamburg, stated that he owns an apartment building in West Seneca and he was concerned about the new garbage law requiring the use of garbage cans with lids. He had received numerous questions from his tenants and forwarded them a letter with a copy to Supervisor Clark and the Building Department. Mr. Campbell stated that the garbage cans will be set on the grass between the sidewalk and curb and will probably blow out into the street when it is windy. Also, this area is not very level and Mr. Campbell questioned if he could remove the grass and put in concrete. Supervisor Clark responded that Mr. Campbell would not be able to replace the grass with concrete and suggested that he level the ground instead. Highway Supt. Patrick Finnegan stated that there will be a lot of issues like this, especially with larger complexes, and he had already received calls. They would have to deal with this and work things out. He also noted that they were not ticketing anyone yet. Mr. Campbell stated that he was trying to comply with the new law, but as he drove down the street he did not see many people complying. Supervisor Clark responded that there will be different levels of adherence and compliance and the town would have to gradually address this. Mr. Campbell further questioned where the garbage cans would be placed when there is snow on the ground and who would replace the garbage cans when they blow away. Supervisor Clark stated that the property owner was responsible for compliance and they should comply as well as they can under the circumstances. He thought in certain instances the garbage cans may have to be placed between the sidewalk and building. Mr. Finnegan commented that placement of the garbage cans will have to be reasonable. Sanitation workers would not be able to go into someone’s back yard to pick up their garbage cans. Supervisor Clark commented that these problems were not unique to West Seneca. With the City of Buffalo and other communities in the area adopting these ordinances, the rat problem may be driven to West Seneca, and they wanted to protect the residents before it became a problem. Supervisor Clark stated that they would try to work practically with the residents and business community to solve this in a reasonable manner. Mr. Campbell questioned what the sanitation workers will do with the lids after emptying the garbage cans. Mr. Finnegan responded that the lids would be placed on the ground, not back on the container. Mr. Campbell was concerned about garbage cans causing accidents when they blow into the road. Mr. Finnegan stated that the sanitation workers were returning the cans to the same place where they picked them up and placing them upside down.
ISSUES OF THE PUBLIC NEW GARBAGE REQUIREMENT QUESTIONED (continued) Mr. Campbell noted that other towns were supplying totes and they would not blow away as easily. He understood that the town did not have the equipment to pick up a tote but questioned if totes or dumpsters were a possibility. Supervisor Clark responded that there were no plans to purchase totes in West Seneca or use dumpsters. Jeannette Stacy, 18 Pine Valley Court, stated that the sanitation workers do not place the cans upside down and the lids are thrown anywhere. The recycling bins blow away with the wind, so she thought the same thing will happen with garbage cans. Supervisor Clark agreed and stated that it will not be as convenient as it has been, but they did not want to end up dealing with a rat problem. Mrs. Stacy thought that the town should purchase totes for the residents. It would look neater and they would not be rolling down the street. Mrs. Stacy further commented that a Highway Department truck drove down her street this afternoon dropping tablets in the sewers to control mosquitoes. She questioned why it took three men to do that job or why it took three men to pick up trash. Mr. Finnegan stated that he would look into why there were three men treating the sewers for mosquitoes. One of the men just got his license and was not certified yet, but there should only have been two. There were three men on the truck that picks up large items because of the size of the items and because the workers made 500 to 600 stops per route. Jane Gorman, 19 Pine Valley Court, questioned if residents could still use plastic bags for their garbage and put the bags in the garbage cans and if exceptions could be made if they had more garbage than what would fit in the cans. Mr. Finnegan responded that plastic bags could still be used and placed in the garbage cans. The residents should understand the difference between garbage and refuse. There was no problem with papers, boxes, etc., being placed in a plastic bag outside the garbage can, but food waste should be stored in a garbage can with the lid on it. Karen Lucachick, 61 Greenmeadow Drive, stated that a few years ago the Town Board was going to float a $40 million bond for an ice arena and she suggested that a bond be floated to purchase garbage totes. She thought this would cut down on injuries to the sanitation workers and solve the rat problem. Councilman Graber responded that the town was never going to float a $40 million bond for an ice arena. The developer made that proposal to the town, but the Town Board opposed it because of the bonding situation. STATUS OF GOLF COURSE Karen Lucachick, 61 Greenmeadow Drive, questioned the status of the proposed golf course. Councilman Hicks responded that the golf course was not a town course and the Town Board had nothing to do with its development. No town funds or labor were used to develop it. The golf course was a project of the Rotary Club. Councilman Osmanski stated that the Chamber of Commerce was having a breakfast in July and representatives from the golf course would be present to give an update. Non-members could attend for a small fee.
ISSUES OF THE PUBLIC LOUD MUSIC AT NICKEL CREEK CAFÉ Ruck Marino, 4713 Clinton Street, stated that Saturday afternoon the Nickel Creek Café had music on their outdoor patio. He called the police, but the music stopped when they arrived. Mr. Marino asked that the police make regular patrols of the Nickel Creek Café on Saturday and Sunday afternoons. Councilman Graber stated that the Town Attorney’s Office had received copies of the Noise Ordinance for three different communities along with another that Mr. Marino had furnished and they were all fairly the same in terms of specific decibel levels, duration, and times. He asked Deputy Town Attorney Paul Notaro the status of amendments to the Noise Ordinance. Mr. Notaro responded that amendments to the Noise Ordinance should be finished shortly. A few minor details had to be worked out and police officers would have to be certified to use the noise meters. SUMMER APPOINTMENTS IN RECREATION DEPARTMENT Robin Reczek, 211 French Lea Road, questioned Item #30 on the Town Board agenda and whether the summer Recreation Department employees were already chosen. She had submitted an application and was hoping to be hired. Councilman Osmanski responded that the individuals hired in Item #30 were new employees, but sometimes there were individuals that did not show up for work or quit, so there may be additional openings. He asked that Ms. Reczek see him after the meeting. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS LEVEL 3 AGREEMENT Motion by Councilman Graber, seconded by Councilman Osmanski, to continue the present agreement with Level 3 for the Enterprise voice and private line for a period of three years. On the question, Councilman Osmanski questioned if Verizon was submitting a counter proposal. Supervisor Clark stated that they have been working with Verizon and he understood they would be submitting a counter proposal. Councilman Graber agreed to table this item until the next meeting. He noted that Verizon’s initial price was $26 per month, per line. Level 3 was $11.68 per month, per line. Motion by Councilman Graber, seconded by Councilman Osmanski, to table this item.
AGREEMENT WITH STRATEGIC ENERGY LLC Motion by Councilman Graber, seconded by Councilman Hicks, to enter into an agreement with Strategic Energy LLC for a period of 60 months for the price of $7.96 per kilowatt hour for supplying electricity to the Town of West Seneca. On the question, Councilman Graber stated that the town was currently paying $8.602 per kilowatt hour for electricity. The cost of electricity has historically gone up and this will secure a low cost price for 60 months.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS FISHING & BOATING PARK TO BE REFERENCED IN MASTER PLAN Motion by Councilman Bove, seconded by Councilman Osmanski, to adopt the following resolution: WHEREAS, the Town of West Seneca adopted the Comprehensive Plan in November, 2006; and WHEREAS, it has been noted that the Plan does not include a direct reference to the proposed Buffalo Creek Public Access Fishing & Boating Park that was proposed in 2005; and WHEREAS, it is proposed that a minor amendment be made to the Comprehensive Plan to reference the Buffalo Creek Public Access Fishing & Boating Park on Vision Map 2 and in the recommendations and implementations section of the Plan; now, therefore, be it RESOLVED, that the West Seneca Town Board schedule a public hearing for the proposed amendment to the Comprehensive Plan on June 25, 2007 at 7:30 P.M. in the West Seneca Town Hall. On the question, Councilman Osmanski stated that they had discussed including this in the Comprehensive Plan and he had presented it to the town’s consultant. He apologized to Councilman Bove for it being overlooked. Councilman Bove stated that the Town Board wanted the fishing and boating park to be totally grant funded and they had reapplied for funding again this year. They were competing against municipalities across New York State and having a direct reference to it in the Master Plan gave the town additional points.
SUPPORT FOR EXTENDING STATUTE OF LIMITATIONS ON RAPE CRIMES Motion by Councilman Bove, seconded by Councilman Osmanski, to adopt the following resolution: WHEREAS, residents of WNY were recently shocked and stunned by the arrest of Altimio C. Sanchez for the murder of three women on Monday, January 15, 2007; and WHEREAS, residents of WNY learned that Altimio Sanchez would not be charged and go unpunished for the rape of several women in the WNY area because the statute of limitations for those crimes had expired; and WHEREAS, the New York Penal Law currently has a statute of limitations of five years for the prosecution of rape crimes; and WHEREAS, the evolution of forensic sciences and DNA testing has resulted in the ability for police to reliably solve crimes that would have gone unsolved in the past; now, therefore, be it RESOLVED, that the West Seneca Town Board requests the Governor of the State of New York, the New York State Senate, and the New York State Assembly to adopt appropriate legislation to extend the statute of limitations for violations of the New York Penal Law; and be it further, RESOLVED, that a copy of this resolution be sent to Eliot Spitzer, Governor of the State of New York; Joseph Bruno, Majority Leader of the NYS Senate; Sheldon Silver, Speaker of the NYS Assembly; Senator William Stachowski; and Assemblyman Mark Schroeder.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS SUPPORT FOR SOLDIERS’ USE OF BODY ARMOR VESTS Motion by Councilman Bove, seconded by Councilman Graber, to adopt the following resolution: WHEREAS, Mark McMahon and American Legion Post 735 in West Seneca, New York, have purchased and shipped twenty (20) Spartan II body armor vests to Al Anbar Province in Iraq for Lance Cpl. Michael McMahon and other members of his platoon; and WHEREAS, the soldiers were told before they were deployed they could wear body armor purchased on their own; and WHEREAS, according to the Captain’s Journal, gear and equipment problems for Marines on the Marine Corps website, the much heralded modular tactical vest (MTV) which was promised early 2007 has yet to be deployed. The commercial version of the MTV is the Spartan II assault vest, which in form, fit and function, is exactly equivalent to the MTV; and WHEREAS, the Marine Administrative Order 262-07 states that the commanders may authorize members of their commands to use commercially purchased personal protective equipment (PPE) in addition to those issued by the government as long as additions do not interfere with the functionality of approved PPE individually purchased commercial PPE will not be reimbursable by government funds; and WHEREAS, Congressman Brian Higgins, in a letter to General James Conway, Commandant of the Marine Corps, stated every American soldier should have access to the best body armor available, and they should have clear guidance on what additional equipment is approved for use; now, therefore, be it RESOLVED, that the West Seneca Town Board requests the United States Senators from New York to assist in the efforts of Mark McMahon, American Legion Post 735, and Congressman Higgins in their attempt to provide for the safety of these Marines and all soldiers by allowing them to wear the Spartan II assault vest; and be it further RESOLVED, that a copy of this resolution be sent to Senator Charles Schummer, Senator Hillary Clinton, Governor Eliot Spitzer, Congressman Brian Higgins, the WNY delegation to the NYS Senate, and Erie County municipalities. On the question, Councilman Bove stated that what happens in Iraq touches us at home when a West Seneca soldier and members of his unit were told they could purchase these type of vests for protection, but when they were on the battlefield were told by their company commander that they could not. When she attended the recent funeral of Seneca Hose Chief Dan Shanahan, Councilman Bove happened to be standing at the grave of David L. Rostum, a local soldier that died in Iraq. She recalled attending his wake, seeing his boots, rifle and helmet at the casket and feeling helpless that there was nothing she could do to protect him. Councilman Bove wanted to do whatever she could to try to protect the soldiers.
ROLLING RIDGE SUBDIVISION, PHASE II – FINAL ACCEPTANCE Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the Rolling Ridge Subdivision, Phase II, Sublot Nos. 6 – 19 and 49 – 59, completed by Russo Development, Inc., 6553 Boston State Road, Hamburg, NY 14075, under Public Improvement Permit No. 05-02.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS DETECTIVE BUREAU RECOGNIZED Asst. Chief Daniel Denz recognized the officers in the Detective Bureau for a fine job in solving the recent homicide in West Seneca. This was a difficult investigation that spanned two counties and a couple cities, but it was brought to a successful conclusion. POLICE DEPARTMENT 75TH ANNIVERSARY Asst. Chief Daniel Denz noted that the Police Department’s 75th anniversary was June 8, 2007 and the department was recognized in a nice article in the West Seneca Bee. BUFFALO FIREFIGHTER ADJOURNED Supervisor Clark stated that former West Seneca resident and Buffalo firefighter Mark Reed was seriously injured while fighting a fire yesterday. Supervisor Clark asked that everyone keep Mark Reed in their prayers. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:30 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |