8-B   COMMUNICATIONS

1.   Supervisor Clark re Removal of restrictions for J & M Distribution Company

Motion by Supervisor Clark, seconded by Councilman Osmanski, on the recommendation of Building Inspector William Czuprynski, to remove two restrictions previously imposed on J & M Distribution Company, 2500 North America Drive, involving the following points: 1) fire service and perimeter hydrants; 2) fuel island fire suppressant systems.

On the question, Supervisor Clark stated that sufficient water pressure without looping the system was calculated and approved by Town Engineer George Montz and Mr. Czuprynski. There was also a false assumption that the fuel island was for regular fuel rather than diesel fuel. The NYS Building Code did not require fuel island suppressant systems for systems that dispensed only diesel fuel.

2.   Supervisor Clark re Reappointment of Daniel Dunn to Zoning Board of Appeals

Motion by Supervisor Clark, seconded by Councilman Osmanski, to reappoint Daniel P. Dunn to the West Seneca Zoning Board of Appeals for a term expiring November 23, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3.   Supervisor Clark re Pay rate correction for Catherine Seweryniak

Motion by Councilman Osmanski, seconded by Councilman Hicks, to correct the pay rate for part-time seasonal Clerk Catherine Seweryniak to $7.40 per hour, effective March 19, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8-B   COMMUNICATIONS

4.   Town Attorney re 2003-2004 CDBG Project Agreement

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute the Community Development Block Grant Project Agreement between the County of Erie and the Town of West Seneca for the program year 2003 - 2004, noting that this agreement will administer the town's CDBG award to replace sidewalks and approaches on Chamberlin Drive from Manhassett Street to Kirkwood Drive.

5.   Town Attorney re 2003 WNY Umpires' Association Agreement

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute the 2003 agreement between the Town of West Seneca and the Western New York Umpires' Association at a cost of $34 per umpire, per game officiated, which includes a rate increase of $3 across the board for all baseball and softball games for the 2003 season.

On the question, Councilman Wroblewski noted that the cost of umpires was built into the fees paid by the players and there was no additional cost to the town.

6.   Town Engineer re Bid award for Plant 6 Pump Replacement Project

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the Plant 6 Pump Replacement Project to Kandey Company Inc., 19 Ransier Drive, at their low lump sum bid amount of $149,639 and authorize the Supervisor to sign the contract documents, noting that Kandey Company was the only bidder on this project, but they performed numerous projects for the town in the past, their work was excellent, and the bid amount was within the project estimate.

7.   Town Engineer re Bid date for Woodward - Hybank - Belmont Drive Reconstruction Project

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of June 3, 2003 at 10:00 A.M. for receipt of bids on the Woodward - Hybank - Belmont Drive Reconstruction Project, Job No. W-0206.

On the question, Supervisor Clark stated that residents of the Woodward - Hybank - Belmont Drive neighborhood challenged the need to automatically add sidewalks to the design of their streets. They were concerned about the maintenance involved and the change in appearance of their neighborhood. Supervisor Clark thanked Town Engineer George Montz and his staff for issuing a property census and questionnaire with the following results: Woodward Drive - 27 against, 20 in favor; Hybank Drive - 11 against, 2 in favor; Belmont Drive - 4 against, 0 in favor. A majority of the residents on each road responded against the installation of sidewalks, so they would not be including this as part of the project. Curbs were needed to secure and ensure that the drainage segment of the reconstruction would hold up over the years.

8-B   COMMUNICATIONS

8.   Town Engineer re Bid date for 2003 Sanitary Sewer Rehabilitation Project Anticola as part-time car washer

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of June 3, 2003 at 10:00 A.M. for receipt of bids on the 2003 Sanitary Sewer Rehabilitation Project, Job No. S-0304, noting that this included lining of sanitary sewers, grouting house laterals, and sealing manholes in various areas of town to minimize infiltration and surcharging in the sanitary sewer system.

9.   Town Engineer re Additional cost for traffic signal work at Seneca Street & Ridge Road

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve an additional payment of $3366 to Omer Construction Co., Inc., 624 Aero Drive, Buffalo, NY 14225 for additional work at the traffic signal at Seneca Street and Ridge Road.

10.   Town Engineer re Seasonal status for Maureen Terhart

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of part-time Clerk Typist Maureen Terhart to part-time seasonal effective May 6, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Town Engineer re Appointment of Shawn Moonan as part-time seasonal laborer in Sewer Service Dept.

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Shawn Moonan as part-time seasonal laborer in the Sewer Service Department at a rate of $6.75 per hour effective May 12, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of the following vouchers:

Siewert Equipment Co., Inc. (pump repairs)      $4500
Buffalo Tractor & Implement Co., Inc.
     (installation of power units in Gorman Rupp sewer pumps)   $6980
SJB Services, Inc. (test borings @ various locations)      $2000

13.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers:

Fleet Maintenance (truck repairs)      $2494.37
Upbeat (26 cases of mutt mitts)      $1891.27
Triple S Construction (grinding brush & wood debris)      $10,450.00

8-B    COMMUNICATIONS

14.   Highway Supt. re Attendance at 2003 Highway School

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Highway Supt. Patrick Finnegan and Deputy Highway Supt. Edward Kowalewski to attend the 2003 Highway School at Ithaca College, June 2 - 4, 2003 at a cost not to exceed $800.

15.   Highway Supt. re Appointment of part-time seasonal laborers in Highway Department

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint the following part-time seasonal laborers in the Highway Department at a rate of $6.50 per hour, effective May 6 - August 31, 2003:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.   Highway Supt. re Appointment of Michael Kerl Jr. as part-time laborer (car washer) in Highway Department

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Michael Kerl, Jr. as a part-time Laborer (car washer) in the Highway Department, effective May 6, 2003 at a rate of $7 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.   Highway Supt. re Seasonal status for B. Kaminski, R. Mingle & J. McParlane in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of the following employees in the Buildings & Grounds Department from part-time to part-time seasonal effective April 28 - September 26, 2003:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18.   Highway Supt. re Appointment of part-time seasonal laborers in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following part-time seasonal laborers in the Buildings & Grounds Department effective May 6 - August 31, 2003 at a rate of $6.50 per hour:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8-B    COMMUNICATIONS

19.   Highway Supt. re Perfect attendance bonus for part-time laborers at Ice Rink

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a perfect attendance bonus of $.50 per hour for the following Ice Rink employees effective May 5, 2003:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that they did not miss a day of work the full season.

20.   Highway Supt. re Termination of Padriac Allman & Andrew Oscypala as part-time laborers at Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Padriac Allman and Andrew Oscypala as part-time laborers in the Buildings & Grounds Department effective May 12, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

21.   Chief Gehen re Attendance of Officers Morano & Bebak at Crime Prevention training seminar

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Police Officers Ken Morano and Robert Bebak to attend the Crime Prevention through Environmental Design in Schools (CPTED) training in Rochester, New York, May 14 - 16, 2003 at a cost not to exceed $410.

22.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $1660 and $1825 to Dualex Office Products for scanners.

23.   Town Clerk re Southgate Plaza amusement license

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve an amusement license for Southgate Plaza Inc. for May 23 - 26, 2003.

24.   Town Clerk re Dog Enumeration

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Town Clerk Patricia Wisniewski to conduct a dog enumeration in the Town of West Seneca beginning May 19, 2003 and continuing until October 15, 2003 and appoint Linda Toy, 97 Burch Avenue as Dog Enumerator at the standard fee of $1 per dog.

8-B   COMMUNICATIONS

25.   Building Inspector re Restricted Use Permit for Excel Precision Inc.

Motion by Councilman Osmanski, seconded by Supervisor Clark, on the recommendation of the Industrial Park Review Committee, to issue a restricted use permit for Excel Precision Inc. located on North America Drive, Sublots 42 & part of 43, and issue a negative declaration with respect to SEQRA.

On the question, Supervisor Clark stated that Excel Precision was an excellent company that manufactured very specialized computer chip boards used in applications all over the world. They were unable to stay at their existing location in the Town of Cheektowaga and had looked at quite a few other sites, including outside of Western New York. Supervisor Clark noted that with the help of the ECIDA they were able to keep Excel Precision from moving out of the area.

26.   Recreation Director re Appointment of Lisa Kelchlin as part-time Recreation Attendant

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Lisa Kelchlin as part-time Recreation Attendant, Step 1, at a rate of $5.45 per hour effective April 25 - September 13, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

27.   Youth Director re Attendance at Youthbuild Conference & NYS Youth Bureau Conference

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Mark Lazzara and James Lawson to attend the national Youthbuild Conference in Washington D.C. and the New York State Youth Bureau Conference in Cooperstown, New York, May 1 - 7, 2003 at a cost not to exceed $3200.

On the question, Supervisor Clark noted that this travel was required under the AmeriCorps program and funding was from the AmeriCorps grant.

28.   Environmental Commission re Appointment of Paula Olma

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Paula Olma as a member of the West Seneca Environmental Commission.

29.   Disaster Coordinator re Erie County All-Hazards Mitigation Plan

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to sponsor and approve the attached resolution concerning the Erie County All-Hazards Mitigation Plan, noting that there would be no fiscal impact on the town and the plan would allow West Seneca to receive FEMA funding after a disaster declaration.

*APPENDICES*

8-C    REPORTS

PROBLEMS OF THE PUBLIC

COMMUTER TAX IN BUFFALO

Jim Bove, 11 Willowdale Drive, requested that the Town Board go on record against the commuter tax that was being proposed by the City of Buffalo. He suggested that a formal resolution be adopted prior to the city approving this tax.

Councilman Graber responded that he intended to remark on the city's proposal at this meeting.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

APPOINTMENT OF MICHAEL MCCRACKEN AS PART-TIME SEASONAL LABORER

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Michael McCracken as part-time seasonal laborer in the Engineering Department effective May 19, 2003 at a rate of $8.45 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

CONSTRUCTION VEHICLES ON GREENFIELD AVENUE

Councilman Osmanski questioned if Building Inspector Bill Czuprynski had issued any orders on the patio home project at the end of Greenfield Avenue.

Asst. Building Inspector Bob Pinnavaia responded that Mr. Czuprynski had issued a summons after receiving the first complaint, but he did not know where that stood at this point. Mr. Pinnavaia also understood that Fire Inspector John Gullo had issued a stop work order last week. He noted that the problem was with enforcement, not with how many orders or summons were issued. Mr. Pinnavaia suggested that the town barricade the street to stop the construction vehicles from using Greenfield Avenue.

Chief Gehen stated that patrol cars were on Greenfield Avenue several times this date warning construction vehicles not to use the street for ingress/egress to the patio home project.

Mr. Pinnavaia stated that the construction vehicles were not complying with the orders because there was no punishment. He felt that they needed to follow up the orders with a punishment.

Councilman Osmanski questioned if the Highway Department could barricade the street and asked Chief Gehen to have his men there early in the morning to ticket the construction vehicles if they use Greenfield Avenue.

Highway Supt. Pat Finnegan responded that he did not have any barricades at the Highway Department, but he could probably access some.

Chief Gehen stated that he would have an officer on the street to ticket the construction vehicles, but there was a section in the town ordinance pertaining to pick-ups and deliveries, so the ticket might not hold up in court.

Town Attorney Tim Greenan stated that the Town Board granted a special permit for this project, and if the contractor were in violation of that special permit the appropriate enforcement mechanism would be the stop work order, which was enforceable by injunction. Police enforcement of the Zoning Ordinance was difficult to do.

Councilman Osmanski noted that the construction vehicles exceeded the ¾ ton weight limit for the street.

Mr. Greenan advised that the Town of Cheektowaga had attempted to stop the construction vehicles but were unsuccessful with that action.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

CONSTRUCTION VEHICLES ON GREENFIELD AVENUE    (continued)

Councilman Osmanski understood that the Town of Cheektowaga claimed that the street they were using was not a public right-of-way so they could not use it for access to the site. He thought that was why they had lost the case.

Mr. Pinnavaia questioned if the stop work order was not simply a summons to appear in court.

Mr. Greenan advised that under Executive Law and Town Law, a building permit was granted for the construction. A stop work order would give them no further authority to build pursuant to the building permit.

SEASONAL PART-TIME STATUS AND RATE INCREASE FOR SEAN DONALDSON

Motion by Councilman Hicks, seconded by Supervisor Clark, to change the status of part-time laborer Sean Donaldson to seasonal part-time effective May 6 - August 31, 2003 and grant a $.50 per hour increase to $7 per hour effective upon completion of the required 2500 hours and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

ATTENDANCE AT HIGHWAY HELPER SOFTWARE CUSTOMER TRAINING CONFERENCE

Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize Deputy Highway Supt. Edward Kowalewski and Anne Rappold of the Highway Department to attend a Customer Training Conference sponsored by Spectrum, a Division of Harris Computer Systems, for the Highway Helper software currently in use at the Highway Department, on June 12, 2003 at the Holiday Inn Select in Niagara Falls, New York, at a cost not to exceed $198.

DUMPING ON ROLLING WOODS LANE

Councilman Hicks referred to Asst. Building Inspector Bob Pinnavaia a letter he received from a resident stating that Mr. Piotrowski was dumping loads of debris, including old tree limbs and mixed concrete, on the vacant lot next to 45 Rolling Woods Lane.

OPPOSITION TO BUFFALO'S PROPOSED COMMUTER TAX

Councilman Graber referred to the City of Buffalo's proposal to institute a commuter tax and expressed his opposition to it. He did not believe that the proposal would ever be approved by the state legislature, but agreed with Mr. Bove's earlier suggestion that the West Seneca Town Board go on record opposing the commuter tax. Councilman Graber commented on the consequences of a commuter tax, such as businesses moving out of the city into the suburbs if their employees began being taxed to commute. It might also become difficult to fill service-related jobs because people would not want to work in the city.

Motion by Councilman Graber, unanimous second, that the West Seneca Town Board go on record as being totally opposed to the imposition of a commuter tax by the City of Buffalo.

On the question, Councilman Graber suggested that the Buffalo City Council start doing what they were elected to do and resolve their own problems by controlling their spending. Councilman Graber requested that Town Clerk Patricia Wisniewski forward this resolution to Assemblyman Brian Higgins and State Senator Bill Stachowski asking for their support.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

NYSDEC RESOLUTION CONCERNING NEW REQUIREMENTS FOR SUBDIVISIONS

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached resolution concerning the New York State Department of Environmental Conservation (NYSDEC) and new requirements for subdivision approvals.

On the question, Supervisor Clark stated that Gerald Devlin and the Erie County Sewer Management Board drafted this resolution in an attempt to avoid some additional suggested unfunded mandates that the state often imposed.

*APPENDICES*

SUPPORT FOR COLLATERAL SOURCE BILL S.622/A.3483

Motion by Supervisor Clark, seconded by Councilman Osmanski, to join a member coalition in support of Collateral Source Bill S.622/A.3483.

On the question, Supervisor Clark stated that public employees in New York State could collect double benefits for a single job injury through a loophole that a coalition of municipal officials was urging the state legislature to close. This would save municipalities across the state millions of dollars and would be of no cost to the state. Supervisor Clark noted that the coalition included the State Attorney General, the State Bar Association, the Citizens Union, the Advisory Committee on Civil Practice established by the Chief Administrative Judge, nearly 80 percent of all counties outside of New York City (42 of 57), 44 cities, 108 towns, and 106 villages.

PROJECT COOPERATION AGREEMENT FOR ICE RETENTION STRUCTURE SIGNED

Town Engineer George Montz announced that the Army Corps of Engineers was in receipt of a signed Project Cooperation Agreement from the New York State Department of Environmental Conservation with regard to the ice retention structure for Cazenovia Creek.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 8:30 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK