West Seneca Town Board Meeting Minutes 05/19/2008
Supervisor Wallace C. Piotrowski called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Asst. Police Chief Daniel Denz. ROLL CALL: Present -
Absent - None Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. 9-A MINUTES TO BE APPROVED
9-B LEGAL NOTICES 1. Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A PROPOSED INTIAL FRANCHISE AGREEMENT FOR CABLE TELEVISION SERVICE WITH VERIZON NEW YORK, INC.” in the Town of West Seneca, be received and filed.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Town Attorney Edwin Hunter stated that the purpose of this public hearing was to discuss the proposed FIOS cable service that was installed in the town over the last several years. Installation was now complete and the first draft of a proposed contract was sent to the town in November 2007. This was a non-exclusive cable franchise, but the old Adelphia contract which was now Time Warner, was still in effect so there will be competition that the citizens of the town will benefit from. Mr. Hunter had reviewed the proposed agreement and made a number of revisions. He noted that the agreement provided free cable service to a number of municipal buildings and the town would receive five percent gross revenues. The indemnification provisions were of some concern, but that was worked out with the attorneys for Verizon. The enforcement provisions were also somewhat cumbersome, but those were streamlined and after months of negotiation, the contract was deemed acceptable to his office and the Town Board. Mr. Hunter thought this was a good agreement and would benefit the people of West Seneca.
9-B LEGAL NOTICES 1. (continued) Maureen Rasp-Glose, External Affairs Director at Verizon, urged the Town Board to vote in favor of Verizon’s request to offer FIOS television service in West Seneca, noting that they would be supporting competition and offering town residents a choice. If approved, residents would be able to order Verizon FIOS TV service and enjoy the benefits of it by this fall. Verizon will offer 400 all digital channels and have enough capacity on this network to offer as many as 150 new high definition television channels. Mrs. Rasp-Glose stated that Verizon had invested more than $82 million in their fiber optic network in Erie County alone, and it was backed by more than 1800 dedicated employees, many who lived and worked in West Seneca. Their compensation totaled more than $66 million annually and their volunteer efforts here were supported by nearly $2.3 million in Verizon Foundation donations to local non-profits over the past five years. Mrs. Rasp-Glose noted that Verizon will be here for many years to come, as they have been for more than 100 years. She introduced Denise Reidy of Verizon Retail Markets and Jeremy Schofer, legal counsel with the firm of Wiley Rein LLP, who worked closely with Supervisor Piotrowski, Councilman Graber, and Mr. Hunter over several months to reach an agreement on the terms of the cable franchise. Mrs. Rasp-Glose thanked all the council members, the Town Clerk’s office, and the Supervisor’s office for their dedication to this project. Denise Reidy, Franchise Manager for Verizon, thanked the board members for considering Verizon’s agreement and stated that they were very excited about bringing potential competition to the town. She commented that competition brings a lot of benefits to the community and its residents and when multiple providers compete for business it leads to better pricing, better customer service, and more content options and services. Service will be to the entire town and it was a non-exclusive agreement. Mrs. Reidy stated that Verizon will be using its upgraded network of 100 percent fiber optics. She noted that fiber has been used in the telephone network for years. Typically it was for large business customers, but it now will be brought to homes. The residents will have access to amazing television pictures, beautiful sound, and other services they can get that are enhanced by the benefits of fiber, such as Internet services. Mrs. Reidy stated that the term of the agreement is 15 years and Verizon will pay a five percent franchise fee on gross revenue that the company derives from providing services within the town. This included video-on-demand and pay-per-view services. Verizon will provide service drops of 150’ at no charge to the residents and will serve municipal buildings up to 150’ at no charge, along with providing free service to about 28 municipal buildings throughout the term of the agreement. Mr. Hunter stated that after reviewing the list of municipal buildings it was noted that the West Seneca Public Library was not included. Ms. Reidy responded that they would be happy to add the library to the list. Councilman Graber questioned the percent built out at this time. Ms. Reidy stated that they currently had about 55 percent of the town built out and as spelled out in the franchise agreement, 75 percent in two years, 83 percent in three years, 94 percent in four years, and within five years they will have built out 100 percent of the town. Under New York State law, they were entitled to five years to build out, but once the franchise agreement is approved they would have every incentive to build out as quickly as possible, and they planned to do so. Christine Carr, 29 Cloverside Court, stated that she has been a resident of West Seneca for over 45 years and she was living testimony to the fact that Verizon gives back to the community. Ms. Carr was Executive Director for an organization called “Computers for Children” and without Verizon they would not exist. She thought it was a good choice to bring Verizon into the community and very important for competition in the business sector and in the education sector.
9-B LEGAL NOTICES 1. (continued) James Wagner, 67 Cloverside Court, President of Communication Workers of America (CWA), Local 1122, represented about 600 employees of Verizon in Western New York, many of whom lived in West Seneca. He reviewed the long history of Verizon and their record of providing a top of the industry wage and benefit package to its employees and one that enabled them to own a home and raise a family in the community they chose to live in. Mr. Wagner commented that the proposed franchise agreement was critical to members of the CWA and their ability to retain their wage and benefit package. He noted that throughout New York where Verizon has been granted franchise agreements service standards have improved, competition has allowed for an affordable cost structure, and residents have the opportunity to take advantage of state-of-the-art technology. Warren Filer, 38 Tracy Lynn Lane, stated that he has been a resident of West Seneca for 19 years and a Verizon employee for 25 years. Mr. Filer was field engineer for the video hub they were putting here and stated that he was happy when West Seneca along with Orchard Park and Hamburg was selected for FIOS. There were only 12 working video hubs in the country, one in New York City and no others in New York State, so this said a lot for the Western New York area. There were only two cities in the country that were doing better than WNY as far as buying the product. Mr. Filer further commented on ways in which Verizon has given back to the community such as donating to the Boy Scouts and W.S. West Marching Band and matching employee contributions to Relay for Life. Phil Hahn, 80 Crofton Drive, stated that he has lived in West Seneca since 1981 and is a retired Verizon management employee. He was happy that Verizon FIOS was now available at his home and commented on the great job they were doing restoring the lawns after the fiber optics are installed. Mr. Hahn noted that he was a member of the Telecom Pioneers, a very large group of retired and active telecom employees that did a lot of community service and education projects. He encouraged the Town Board to approve the Verizon franchise agreement. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing. On the question, Councilwoman Bove stated that she was thrilled that there would be another choice in West Seneca and noted that there were already television commercials from the competition offering business for less. She was also happy to see the people who live in the town and work for Verizon that were willing to express their pride, excitement and commitment to their employer and the town. Councilwoman Bove commented that whenever there was competition in corporations, the consumers won and this was a win for everyone involved.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt the attached resolution awarding a cable television franchise to Verizon New York Inc. to provide cable service to the Town of West Seneca and approve a cable franchise agreement with Verizon New York, Inc. On the question, Councilwoman Bove thanked Mr. Hunter for negotiating the contract and thought it was very well done.
9-B LEGAL NOTICES 1. (continued) Councilman Graber stated that the public had been waiting a number of years for competition for cable service and they endured year after year of increasing costs. He thanked Verizon for stepping forward and expending the capital necessary to install a separate fiber technology to compete against other cable providers. One of the best things about fiber was that no one would be able to use the system to gain profits as the resellers have done in the past because the FCC has allowed Verizon their independence. Councilman Graber was happy about the competition and looked forward to FIOS at his own home for cell phone, land line, Internet, and television service all in one package, which would be a major savings.
*APPENDICES* 9-C TABLED ITEMS 1. Resignation of Andrew Jarczyk Motion by Councilman Graber, seconded by Councilwoman Meegan, to remove this item from the table.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Andrew Jarczyk and terminate him as part-time Recreation Attendant at the Burchfield Nature & Art Center effective May 6, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Appointment of Evelyn Hicks to West Seneca Environmental Commission Motion by Councilwoman Meegan, seconded by Councilman Graber, to remove this item from the table and receive and file it.
3. Renewal of IEvolve gold level support agreement Motion by Councilman Graber, seconded by Councilwoman Meegan, to remove this item from the table and receive and file it.
9-D COMMUNICATIONS 1. Supervisor Piotrowski re Retirement of Donald Kraft Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Donald M. Kraft and terminate him as Highway Motor Equipment Operator effective June 2, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Kraft served the town for over 16 years. On the question, Councilman Graber commented that all his dealings with Mr. Kraft have been exceptional and he will be sorely missed. Supervisor Piotrowski recognized Mr. Kraft in attendance at the meeting and thanked him for his service to the town.
9-D COMMUNICATIONS 2. Supervisor Piotrowski re Reappointment of Environmental Commission members Motion by Councilman Graber, seconded by Councilwoman Meegan, to reappoint the following members of the West Seneca Environmental Commission to a two-year term effective May 20, 2008: Alan Kerner and reappoint the following members of the West Seneca Environmental Commission to a one-year term effective May 20, 2008: Gary Oosterhoudt
Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Alan Kerner as Chairman of the West Seneca Environmental Commission effective May 20, 2008.
3. Supervisor Piotrowski re Support for change to Real Property Law concerning new condominiums Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt the attached resolution in support of draft legislation of NYS Senator William Stachowski that would change Section one, Subdivision 1 of Section 339-Y of the Real Property Law and allow municipalities a local opt-out for newly constructed condominiums.
*APPENDICES* 4. Supervisor Piotrowski re Memorial Day paradep> Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of the West Seneca Veterans Committee to hold their annual Memorial Day parade on Monday, May 26, 2008 with assembly in the Southgate Plaza parking lot at 10:00 A.M., step-off at 10:30 A.M., and moving down Union Road to the Veterans Memorial in front of the Library, noting that the Gardenville Memorial will be held at 9:00 A.M.
5. Councilwoman Meegan re Crusade Against Impaired Driving softball tournament Motion by Councilwoman Meegan, seconded by Councilman Graber, to approve the request of Deanne Russo for the Crusade Against Impaired Driving, Inc. to host a softball tournament on August 9, 2008 at Sunshine Park and waive the town’s fee of $280 for maintaining these fields.
9-D COMMUNICATIONS 6. Deputy Town Attorney re Public hearing on amendments to Noise Ordinance Motion by Councilman Graber, seconded by Councilwoman Meegan, to schedule a public hearing for June 9, 2008 at 7:30 P.M. to consider amendments to Chapter 63 – Dumping Ordinance and Chapter 82 - Noise Ordinance. On the question Deputy Town Attorney Paul Notaro noted that there was a revision to the Dumping Ordinance that had to be taken care of prior to the public hearing and he needed additional time to meet with the Engineering Department and Code Enforcement Office. Mr. Notaro asked that the public hearing for amendments to the Dumping Ordinance be held off until a future date. Motion by Councilman Graber, seconded by Councilwoman Meegan, to amend the motion and schedule a public hearing for June 9, 2008 at 7:30 P.M. to consider amendments to Chapter 82 – Noise Ordinance.
7. Town Engineer re Bid date for 2008 Sanitary Sewer Rehabilitation Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to set a bid date of June 16, 2008 at 10:00 A.M. for receipt of bids on the 2008 Sanitary Sewer Rehabilitation Project, Job No. S-0806.
8. Town Engineer re ECWA watermain agreement for Barnsdale Avenue Reconstruction Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve an agreement between the Town of West Seneca and Erie County Water Authority (ECWA) concerning the Barnsdale Avenue Reconstruction Project, Job No. B-0804, and authorize the Supervisor to sign the agreement, noting that ECWA will reimburse the town for the watermain work on this project at an estimated cost of $424,000.
9. Town Engineer re Bid award for Barnsdale Avenue Reconstruction Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the Barnsdale Avenue Reconstruction Project, Job No. B-0804, to Visone Construction, Inc., 79 Sheldon Avenue, Depew, NY 14043, at their low contract amount of $1,717,875 and authorize the Supervisor to sign the contract documents.
10. Highway Supt. re Bid award for Liberty Lane Lift Station Replacement Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the Liberty Lane Lift Station Replacement Project, Job No. L-0802, to Sicar Management & Construction, Inc., 1128 Jamison Road, Elma, NY 14059, at their low contract amount of $209,157.75 and authorize the Supervisor to sign the contract documents.
9-D COMMUNICATIONS 11. Highway Supt. re Review of 2007 Annual Stormwater Management Plan Motion by Councilman Graber, seconded by Councilwoman Meegan, as required under the Town’s Stormwater Phase II SPDES permit, the 2007 Annual Stormwater report prepared by the WNY Stormwater Coalition will be available for public review in the Town Clerk’s office May 20 – 23, 2008, 9:00 A.M. – 5:00 P.M.
12. Town Engineer re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3005.07 to K & S Contractors Supply, Inc. for hydrant replacement on Orchard Park Road and $1750 to Burgh Schoenenberger for service on flowmeters.
Motion by Councilman Graber, seconded by Councilwoman Meegan, that the Town Board recess to Executive Session to discuss personnel matters.
13. Town Engineer re Appointment of A. Martin & M. Nayda as part-time seasonal laborers Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Andrew Martin and Matthew Nayda as part-time seasonal laborers in the Engineering Department at a rate of $8.90 per hour effective May 20 – September 5, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Town Engineer re Appointment of R. Vail as part-time seasonal laborer in Sewer Service Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Robert Vail as part-time seasonal laborer in the Sewer Service Department at a rate of $7.15 per hour effective May 20 – September 5, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Highway Supt. re Appointment of summer help in Highway Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the following part-time laborers as summer help in the Highway Department at a rate of $7.15 per hour effective May 19 – September 5, 2008: George Case and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9-D COMMUNICATIONS 16. Highway Supt. re Appointment of summer help in Buildings & Grounds Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the following part-time laborers as summer help in the Buildings & Grounds Department at a rate of $7.15 per hour effective May 19 – September 5, 2008: Michael B. Breen and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $10,000 to Osinski Plumbing for installation of a manhole and 4” PVC pipe for discharge of water from Centennial Pool and $2283.48 to USA Mobility Wireless Inc. for pagers.
18. Chief Gehen re Attendance of Capt. Boehringer at License Plate Reader training conference Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Captain Michael Boehringer to attend the License Plate Reader Training Conference, June 19 – 20, 2008 at the Great Escape Lodge, Lake George, New York, at a total cost not to exceed $100.00, noting that the Town of West Seneca Police Department was awarded a license plate reader through a grant from the New York State Department of Criminal Justice Services (DCJS), this training is mandatory, and lodging and meals are covered by DCJS.
19. Comptroller re Rescinding retirement of David Gump Motion by Councilman Graber, seconded by Councilwoman Meegan, to rescind the motion accepting the retirement of David P. Gump, noting that Mr. Gump will continue on the payroll until his accrued benefits are paid and his date of retirement is re-determined and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Tax Receiver re Status change for P. Farr & L. Fischione to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time clerks Patricia Farr and Laurine Fischione to part-time seasonal effective May 19 – 30, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9-D COMMUNICATIONS 21. Recreation Director re Appointment of part-time seasonal employees Motion by Councilman Graber, seconded by Councilwoman Meegan, to reappoint the following as part-time seasonal employees effective June 1 – September 30, 2008: Supervisor @ $10 per hour Recreation Attendant @ $7.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
22. Senior Services Director re Appointment of Marirose Bless as part-time Food Service Helper Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Marirose Bless as part-time Food Service Helper at a rate of $7.15 per hour effective May 20, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
23. Supervisor Piotrowski re Kiwanis Arts & Crafts Festival Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant approval to the West Seneca Kiwanis Club to hold their annual Arts & Crafts Festival on the Town Hall grounds July 11 – 13, 2008.
9-E REPORTS ISSUES OF THE PUBLIC ISSUES AT BURCHFIELD NATURE & ART CENTER Mike Lowe, 98 Southgate Drive, commented on issues at the Burchfield Nature & Art Center (BNAC), including the allocation of funds, bookkeeping matters, and the treatment of staff members. He referred to a recent article in the West Seneca Bee that reported that AmeriCorps and Youth Bureau Director Mark Lazzara and AmeriCorps employees Josh Randle and Kevin Hayes entered, without his knowledge, the office of Andrew Jarczyk, former Artistic Director for the BNAC, removed equipment, and reportedly performed other acts that bordered on vandalism. Mr. Lowe questioned what action the Town Board planned to take in response to this matter and reminded Supervisor Piotrowski and Council Members Meegan and Clarke that they were recently elected to their respective positions on a platform of change, transparency, and accountability to the people of West Seneca. Supervisor Piotrowski responded that the Town Board was still in the process of reviewing these departments and hoped to have a response for the residents by next month.
ISSUES OF THE PUBLIC ISSUES AT BURCHFIELD NATURE & ART CENTER (continued) Mr. Lowe noted that Mr. Lazzara, Mr. Randle, and Mr. Hayes admittedly entered Mr. Jarczyk’s office, took equipment, and made a mess of the office. He questioned if this was within Mr. Lazzara’s responsibilities and if he had the right to enter another entity’s office. Supervisor Piotrowski stated that this was a very complicated issue and the Town Board was looking into every aspect of it. Mr. Lowe further commented on the results of a non-scientific poll conducted on the Speak Up WNY website concerning the possibility of video recording the Town Board, Planning Board, and Zoning Board meetings. He noted that 92.5 percent of the respondents to the survey would like to see the proceedings recorded and placed on the town’s website. Paula Minklei, Orchard Park Road, stated that after attending the May 5th Town Board meeting and reading the article in the West Seneca Bee about the resignation of Andrew Jarczyk, she wondered how all this had come about. Mrs. Minklei thought the Board of Directors of the BNAC should have developed job descriptions for any position at the BNAC, advertised those jobs, interviewed applicants, recommended the appropriate candidates, and the Town Board should then follow the appropriate hiring procedures. She also thought the Board of Directors of the BNAC should be responsible for oversight of the BNAC, its employees and volunteers, and give guidance and direction, coming to the Town Board only when official action on their recommendations was needed. Mrs. Minklei commented that the Town Board had enough to do running town government and they should spend their time wisely, updating town codes, seeing to the increasing need for space, advertising bids for utility vendors and other spending, holding open meetings where actions are officially taken, and keeping members of the community aware of its needs and actions. She further suggested that the Town Board develop a policy for job descriptions, widely advertise positions that are open, and make non-political, qualification based appointments. COMMENTS ON OPEN MEETINGS LAW AND TOWN BOARD WORK SESSIONS Karen Lucachick, 61 Greenmeadow Drive, referred to the Open Meetings Law and stated that although the Town Board has stated that they have had Work Sessions, there was no record of any Work Sessions. She commented that the Town Board has held informational sessions, but with a Work Session the public should be able to “observe the performance of public officials and attend and listen to their deliberations and decisions that go into the making of public policy.” Mrs. Lucachick stated that the public must be able to remain informed if they are to retain control over those who are their public servants. She referred to the announcement at the last Town Board meeting on the closing of the Department of Motor Vehicles (DMV) and noted that no one from the public ever witnessed a vote being taken on this action. Mrs. Lucachick questioned where the vote was taken. Supervisor Piotrowski responded that closing of the DMV was a litigation issue concerning a lease of real estate and this was discussed in an Executive Session. SEQR FINDINGS AND NEGATIVE DECLARATIONS Karen Lucachick, 61 Greenmeadow Drive, referred to the last meeting of the previous Town Board held in December 2007 and the rezoning of property at the corner of East & West Road and Union Road. At that time, former Town Attorney Timothy Greenan advised the board members that a SEQR finding was required prior to voting on the rezoning; however, a motion was made by one of the former council members to issue a Negative Declaration with regard to SEQR. Mrs. Lucachick had learned from a recent SEQR seminar she attended that whenever a Negative Declaration was issued, there had to be a statement issued explaining why. She noted that Councilwoman Bove was opposed to the motion, but Councilman Graber had voted for it and she questioned if there was a statement that went along with it.
ISSUES OF THE PUBLIC SEQR FINDINGS AND NEGATIVE DECLARATIONS (continued) Councilman Graber stated that he would discuss this with Town Attorney Edwin Hunter and report back as soon as possible. Mrs. Lucachick noted that there were other issues before the Town Board at that meeting and all were given a Negative Declaration. She asked that Councilman Graber look into all of these issues. RULES AND REGULATIONS ON OPEN FIRES Joan Russo, Parkside Drive, questioned if there was any town ordinance that addressed open fires in residential yards. Mrs. Russo noted that last year some other towns adopted rules and guidelines concerning open fires, and she requested that the Town Board adopt an ordinance that addresses this issue. Supervisor Piotrowski advised that there was no town ordinance, but there was a New York State ordinance relative to open fires. The Code Enforcement Office had an informational sheet that they provide to residents outlining the rules and regulations with regard to open fires. Mrs. Russo questioned what would be done if someone was violating the guidelines. Supervisor Piotrowski responded that a complaint would have to be filed with the Code Enforcement Office or Police Department. REVIEW OF TOWN DEPARTMENTS Joan Russo, Parkside Drive, understood that the Town Board was in the process of reviewing town departments and she questioned if the general public would be made aware of any policies, changes, etc. resulting from the reviews. Supervisor Piotrowski stated that the general public would be made aware of any changes or policies at a Town Board meeting when the department is scheduled for discussion. This would be an agenda item and the agenda is available on the Thursday prior to the Town Board meeting at approximately 2 P.M. or on the town’s website. SUMMER JOBS Amy Carpenter, 406 Woodward Crescent, questioned how summer jobs would be filled this year and if they would be posted on the town’s website. Supervisor Piotrowski stated that if the departments notify Town Clerk Patricia DePasquale they will be posted on the town’s website, as they are needed. Mrs. Carpenter questioned if the department heads knew they had to notify Mrs. DePasquale. Supervisor Piotrowski stated that he would make sure the department heads were aware of this.
ISSUES OF THE PUBLIC LOUD MUSIC AT NICKEL CREEK CAFÉ Ruck Marino, 4713 Clinton Street, stated that he called the Police Department three times Saturday night because of loud music coming from the Nickel Creek Café until 11:30 P.M. and nothing was done. Mr. Marino questioned if the amendments to the Noise Ordinance that were scheduled to be discussed at the next Town Board meeting would be applied and enforced. He noted that according to §82-5 of the current Town Code there was a $250 fine for violating the ordinance, but he questioned if this had ever been imposed on anyone over the last three years. Supervisor Piotrowski stated that they would research this question and report back to Mr. Marino with the figures. Asst. Police Chief Daniel Denz stated that he spoke with Chief Gehen on this issue today and police cars did respond to the Nickel Creek Café Saturday evening. At the time, it was determined that the noise level was reasonable and they were allowed to continue. Asst. Chief Denz stated that the Police Department did enforce the Noise Ordinance. They understood Mr. Marino’s concerns and had addressed them numerous times. He noted that the Nickel Creek Café was a business and they had the right to operate their business. Mr. Marino also had the right to comfort in his own home, so there had to be some balance. Asst. Chief Denz noted that Deputy Town Attorney Paul Notaro had been working diligently with Chief Gehen and Councilwoman Meegan on the new ordinance. It would be heard at the next Town Board meeting, so there should be some resolution shortly. Mr. Marino was concerned that the new ordinance would not change anything because if Nickel Creek Café had a scanner and heard that the police were being dispatched, the band would be given a break and then as soon as the police were gone the music would resume. Asst. Chief Denz stated that they would be putting in place a plan in conjunction with the Code Enforcement Officer to try to address this issue. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF BRENDAN KELLEY AS SUMMER HELP IN BLDGS. & GROUNDS Motion by Councilwoman Meegan, seconded by Councilman Graber, to appoint Brendan Kelley as part-time seasonal laborer for summer help in the Buildings & Grounds Department at a rate of $7.15 per hour effective May 19 – September 5, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
APPOINTMENT OF NICHOLAS SCHULTZ AS SUMMER HELP IN HIGHWAY DEPT. Motion by Councilwoman Meegan, seconded by Councilman Graber, to appoint Nicholas Schultz as part-time seasonal laborer for summer help in the Highway Department at a rate of $7.15 per hour effective May 19 – September 5, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS RESIGNATION OF ROBERTA VALLONE FROM W .S. ENVIRONMENTAL COMMISSION Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to accept the resignation of Roberta Vallone as a member of the West Seneca Environmental Commission. On the question, Councilwoman Bove thanked Roberta Vallone for 2½ years of volunteer service to the town and commented on her accomplishments as a member of the West Seneca Environmental Commission. She brought environmental law experience to the Commission, served as the town’s liaison to the Erie County Environmental Management Council, presented a seminar on SEQR and another on Conservation for Subdivisions, and helped organize a water quality presentation. Councilwoman Bove noted that Roberta Vallone had married and was moving to Virginia and would be missed.
ADJOURNMENT Motion by Councilwoman Meegan, seconded by Councilman Graber, to adjourn the meeting at 9:00 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |