West Seneca Town Board Minutes 06/13/2005


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2005-09
West Seneca, NY 14224 June 13, 2005

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 -

Paul T. Clark   Supervisor
Christopher F. Osmanski   Councilman
Vincent J. Graber Jr.   Councilman
Craig J. Hicks   Councilman
Christina Wleklinski Bove   Councilman

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 Charles H. “Chuck” Pohlman Sr., Angela R. Panepento, William J. Gray, Jacqueline Cunningham, Antoinette Ellinger “Toni” Hayes, Lucille Sullivan, John E. Sullivan, Raymond Rappold, Daniel E. Harrigan, Daniel J. Masiello, and Peter W. Spilsbury Sr.

9-A   MINUTES TO BE APPROVED

  • Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve Minutes #2005-08 of May 16, 2005.

    Ayes: All Noes: None Motion Carried

    9-B    HELD OVER PUBLIC HEARING

    1.   Re: “A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1055 UNION ROAD, BEING PART OF LOT NOS. 119 & 120, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR A CAR WASH” in the Town of West Seneca.                (David Lutz)

    Town Attorney Tim Greenan stated that the board members did not vote on this item at the last Town Board meeting, and the petitioner contacted the Building & Plumbing Department and the Town Attorney’s office last week asking that the item be held over again until the next meeting. The petitioner stated that his architect needed additional time to complete certain plans. Mr. Greenan further noted that residents of Southwood Drive who were opposed to the proposed car wash had submitted a petition. The petition was on file with the Town Clerk’s office and would be reviewed by the Assessor’s office to determine if there were sufficient signatures to require a super majority (four votes) from the Town Board for approval. This information would be available to the Town Board by the next meeting.

    Amy Carpenter, 406 Woodward Crescent, questioned if the zoning was C-2 or C-1.

    Mr. Greenan advised that the request was for a change from C-2(S) to C-2(S). Removal of the gas tanks took place in August 2004, but that was less than one year ago.

    Councilman Bove questioned why the property did not revert back to C-1 like most of the other property in that area of Union Road.

    Mr. Greenan advised that the property would revert back to C-1 in the event that the use under the special permit was discontinued for a period of one year. He understood that the facility closed more than one year ago, but the actual removal of the gas tanks did not take place until August 2004. Case law that he found inferred that removal of the gas tanks from the premises constituted discontinuance of the special use of the property.

    Councilman Osmanski questioned if the property would revert back to C-1 in August 2005 if the Town Board denied this special permit application.


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    9-B    HELD OVER PUBLIC HEARING

    1.    (continued)

    Mr. Greenan responded that the answer to this was not crystal clear and it was a question mixed of fact and law.

    Councilman Osmanski directed Code Enforcement Officer William Czuprynski to contact the petitioner to ensure that he would be prepared for the July meeting.

    PUBLIC INFORMATION HEARING – GASLIGHT CONVERSION PROJECT

    Town Attorney Tim Greenan stated that the Town Board had discussed holding a public hearing at this meeting to consider the conversion of gaslights to electric lights. However, based upon statutory review, the Town Board could take action without a public hearing, so a public hearing was not scheduled or published. Councilman Graber did not want to take any action without first discussing the board’s options. Mr. Greenan advised that the board members could act on the gaslight districts at this meeting, they could formerly schedule an official public hearing and publish it in the newspaper, or they could informally place the matter on the Town Board Agenda.

    Councilman Graber commented that the citizens were involved in every step of this project and the last step was to send in approval cards if they wanted to convert their gaslights to electric lights. There were 12 gaslight districts and 10 of the 12 had already exceeded the 51 percent majority approval required to convert gaslights to electric. The Town Board would have to decide whether to go with Siemens Building Technologies or do the project themselves with the use of various contractors. Over the last month, the Engineering Department had been working with Siemens Building Technologies and their initial design called for 302 electric lights to replace the 399 gaslights throughout the 12 districts. The town’s design that they used for all new subdivisions called for 229 electric lights and that would be the design that they would proceed with. As a result, the overall cost of the project was reduced by well over $300,000 and they were looking for other ways to save. Councilman Graber stated that the next step would be to notify all of the residents, those who approved of the conversion and those who did not. The next choice would be if 50-watt or 70-watt hps bulbs would be used. The average cost per gaslight was $284 per year. The cost of a 50-watt hps was $50 and the cost of a 70-watt hps was $52. The difference between the gaslights and electric lights would pay the capital costs required to install the new electric lights. Councilman Graber noted that the two districts that did not exceed the 51 percent minimum requirement would be left open until completion of the construction project in case anyone changed their mind after seeing the electric lights. The town would not take any action to convince the people in those two districts to reconsider.

    Frank Boncore, 250 Heather Hill Drive, questioned if the residents in his district that were opposed to the conversion would be solicited with another letter. He stated that some of his neighbors had been receiving phone calls asking them to support the conversion project.

    Councilman Graber stated that a final letter would be sent to the residents of each district showing the results of the survey and the number for and against the conversion. He further stated that phone calls were not made by anyone in town government. Just as Mr. Boncore had tried to convince his neighbors to keep the gaslights, other individuals in his neighborhood tried to convince their neighbors to convert the gaslights.

    Mr. Boncore did not believe there should be another vote for his district.

    Councilman Graber responded that there would not be another vote in Mr. Boncore’s district, but if they exceed the 51 percent approval requirement before the construction project ends that district would be included in the overall project.


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    Page three . . .

    PUBLIC INFORMATION HEARING – GASLIGHT CONVERSION PROJECT

    Mr. Boncore questioned if the project was bid out.

    Mr. Greenan advised that there were two ways to do the project. The town could do the project themselves and skip the energy savings program, in which case it would be bid out. The town could also enter into an agreement with an ESCO (Energy Service Company) that would guarantee the savings. The ESCO would then be the contractor and be fully responsible for all the costs and the savings. Under the ESCO, the town would get money from the state and an interest rate of 2 percent.

    Mr. Boncore questioned how much money was involved.

    Councilman Graber responded that New York State passed a law with regard to performance contracts and use of an ESCO. The ESCO did the bidding and obtained the lowest cost. Four contractors bid on the project and the cost went from $1,500,000 to $460,000. Councilman Graber stated that the contractor they were anticipating using had done street lighting in the town in the past. The town had a relationship with them and they did outstanding work at the lowest possible cost.

    Mr. Boncore commented that there was more than one contractor that did outstanding work.

    Mr. Greenan noted that the contractor must guarantee the savings on the conversion.

    Councilman Graber stated that Siemens had a relationship with NYSERTA and their mission was to remove people from the electric grid and move onto other forms of energy. This was the first project in the history of New York State where they were subsidizing the town. They would be paying points and buying down the cost of the loan to 2 percent. The program was created specifically for the Town of West Seneca.

    Thomas Henderson, 59 Treehaven Road, questioned the reduction in the number of lights from 399 to 229 and how they could reduce this while still maintaining the lighting. He also questioned the height of the electric lights, noting that there were a lot of trees along his street.

    Councilman Graber responded that this was the standard used throughout all new subdivisions. When they evaluated Siemens design, they found it was a little more liberal and provided more light than necessary. Councilman Graber advised that the height of the electric lights was 12 foot; the gaslights were 8 foot.

    Shirley Glodowski, 52 Country Lane, was in favor of the gaslight conversion project and questioned the other district that was opposed to the project.

    Councilman Graber advised that residents of Rolling Woods Subdivision were opposed to the conversion project. He commented that everyone was entitled to his or her opinion and everyone was given the opportunity to express their opinion on this issue. Councilman Graber understood that there were residents in each lighting district that were not happy with the conversion project, but there were many complaints about the gaslights and a clear majority of residents wanted something to be done. The town did a feasibility study and presented the details and facts to the residents. The original cost was $1,200,000 and this included removal of the gaslights, installation of the electric lights, paying off the debt, engineering costs, inspection, etc. The cost was now down to around $800,000. Councilman Graber stated that the costs were included in the letter to the residents and no one ever complained that the town was not being upfront and honest.

    Motion by Councilman Graber, seconded by Councilman Hicks, to close the informational public hearing concerning conversion of gaslights to electric lights.

    Ayes: All Noes: None Motion Carried


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    9-C    COMMUNICATIONS

    1.   Supervisor Clark re Reappointment of Donald Mendola to W.S. Planning Board

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to reappoint Donald Mendola to the West Seneca Planning Board for a seven-year term effective June 5, 2005 through June 4, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    On the question, Councilman Osmanski noted that Mr. Mendola had many years of service in many aspects from fire service to town service. He did an excellent job on the Planning Board and Councilman Osmanski was privileged to reappoint him.

    Ayes: All Noes: None Motion Carried

    2.   Supervisor Clark re Queen of Heaven Church Road Race & Fun Walk

    Motion by Councilman Osmanski, seconded by Councilman Bove, to grant permission to the Queen of Heaven Race Committee to hold their 5K Road Race and Fun Walk on Thursday, July 7, 2005 with the walk beginning at 6:30 P.M. and the race following at 7:00 P.M.

    Ayes: All Noes: None Motion Carried

    3.   Supervisor Clark re St. John Vianney 5th Annual 5K Run

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission for St. John Vianney to hold their 5th annual 5K Run on Thursday, July 21, 2005 at 6:30 P.M.

    Ayes: All Noes: None Motion Carried

    4.   Councilman Graber re Pension Plan Reform

    Motion by Councilman Graber, seconded by Councilman Hicks, to adopt the attached resolution concerning pension plan reform.

    On the question, Councilman Bove suggested eliminating that portion of the resolution stating that all new municipal workers would continue to contribute to their pensions for their entire career. This would be decided on by the state legislature.

    Motion by Councilman Bove to amend the resolution and just request pension plan relief and another tier.

    The amended motion failed due to lack of a second.

    Councilman Graber stated that in October 2000, New York State decided that employees with ten or more years of service no longer had to contribute 3 percent of their salary to the pension plan. At the time, the stock market was booming and financial analysts thought that with the rate of growth they would not need any new money in the system. After 9-11-2001 the stock market plunged, but they could not take back the benefit that was given to the employees. Councilman Graber stated that the attached resolution asked for creation of a Tier 5 where future employees would be required to pay 3 percent of their salary toward their pension for their entire career. The resolution was not asking to change anything for employees already in the system. Councilman Graber noted that the Town Board was able to make changes for the future in this way by working with the Unions and not going after existing employees. Over time they received concessions with regard to medical benefits for new employees without impacting existing employees. He commented that the total pension cost for the Town of West Seneca was $232,000 in 2001 and that jumped to $1,815,000 in 2005. They were obligated by law to fund this and it had a huge impact on town taxes. The contribution level of employees was crucial in helping to lower costs to the taxpayers.


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    9-C    COMMUNICATIONS

    4.   Councilman Graber re Pension Plan Reform     (continued)

    Councilman Osmanski stated that the Town Board would not be involved in the state legislature’s decision, but they were begging them to do something because the towns could not afford to go forward the way things were.

    Ayes:  (4)    Councilman Graber, Councilman Hicks, Councilman Osmanski, Supervisor Clark
    Noes:  (1)   Councilman Bove
    Motion Carried

    *APPENDICES*

    5.   Town Engineer re Bid date for Seneca Creek Road Watermain Replacement Project

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of July 13, 2005 at 10:00 A.M. for receipt of bids on the Seneca Creek Road Watermain Replacement Project, Job No. S-0202.

    Ayes: All Noes: None Motion Carried

    6.   Town Engineer re Bid date for Leydecker Road Reconstruction Project

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of July 11, 2005 at 10:00 A.M. for receipt of bids on the Leydecker Road Reconstruction Project, Job No. L-0404.

    Ayes: All Noes: None Motion Carried

    7.   Town Engineer re Appointment of Peter Renkas & Kyle Lepsch as part-time seasonal laborers

    Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Peter J. Renkas and Kyle R. Lepsch as part-time seasonal laborers in the Sewer Service Department effective June 14, 2005 at a rate of $6.75 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    8.   Town Engineer re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $3800 to Hanes Supply, Inc. for wire rope for sewer lines and $1780 to Waste Stream Technology for quarterly sampling.

    Ayes: All Noes: None Motion Carried

    9.   Highway Supt. re Bid award for wood reduction grinder

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for a Bandit wood reduction grinder for the compost site to Baschmann Services, Inc., 1101 Maple Road, Elma, NY 14059 at their bid price of $249,750.

    On the question, Supervisor Clark noted that two bids were received for this equipment and the second bid for a Morbark machine was lower at $169,900. He questioned if both pieces of equipment met the original specifications.


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    Page six . . .

    9-C    COMMUNICATIONS

    9.   Highway Supt. re Bid award for wood reduction grinder    (continued)

    Highway Supt. Patrick Finnegan advised that he had researched both machines extensively because of the difference in price. The Town of Geddes and the Town of Orchard Park both had a Morbark machine, but they only used it for brush, which was not the same material as Mr. Finnegan’s department would be using it for. Mr. Finnegan also spoke with Bob Struck of Struck Topsoil regarding the Bandit machine he used. He viewed demonstrations on both machines and the Morbark would not grind the heavy material. Mr. Finnegan chose the Bandit machine in an attempt to avoid the cost of having a contractor come in twice a year to process the heavier material.

    Supervisor Clark questioned if there were any programs available for recycling to recoup some of the cost of this equipment.

    Mr. Finnegan responded that funds were still available for recycling. He would apply for grant reimbursement after the purchase was made.

    Ayes: All Noes: None Motion Carried

    10.   Highway Supt. re Title change for Thomas Schappert to Highway MEO

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Thomas Schappert as Highway Laborer and appoint Mr. Schappert as Highway MEO, Group 2, Step 5, at a rate of $20.84 per hour effective June 13, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    11.   Highway Supt. re Appointment of summer help in Highway Department

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following as summer help in the Highway Department at a rate of $6.50 per hour effective June 13 – September 2, 2005:

    Brian Adams Stefan Ananiadis
    Kathy Doering Gene Hart
    Nicholas Margarucci John Toomey
    Chris Zakrzewski  

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

    Ayes: All Noes: None Motion Carried

    12.   Highway Supt. re Title change for Robert Finnegan to Sanitation Laborer

    Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Robert Finnegan as Sanitation Alternate effective June 13, 2005 and appoint Mr. Finnegan as Sanitation Laborer at a rate of $14.83 per hour effective June 15, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    9-C    COMMUNICATIONS

    13.   Highway Supt. re Termination of M. Betti & P. Szeider as summer help in Sanitation Department

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Mike Betti and Peter Szeider as summer help in the Sanitation Department effective June 13, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    14.   Highway Supt. re Military leave of absence for William Geary

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a military leave of absence to William Geary effective June 10 – 22, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    15.   Highway Supt. re Appointment of summer help in Buildings & Grounds Department

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following as summer help in the Buildings & Grounds Department at a rate of $6.50 per hour effective June 13 – September 2, 2005:

    Mike Betti
    Anthony Fortini
    James Galvin

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

    Ayes: All Noes: None Motion Carried

    16.   Highway Supt. re Purchases requiring Town Board approval

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

        Cyncon Equipment Inc. (truck repairs)        $ 3607.26
        Eastern States Sentinel (security system update at W.S. Historical Society)     $ 2670.00
        Tulip Corporation (600 recycling boxes)        $ 3150.00
        Lakeside Sod (ball diamond material)        $ 3792.00
        Siemens Building Technologies Inc. (service contract)        $10927.00
        Fleet Maintenance (truck repairs)        $ 3772.95
        Lakeside Sod (ball diamond material)        $ 1738.00
        J.J. Emergency Electric (signal repair at Ridge Road & Rt. 219 off ramp)   $ 3750.00

      
    Ayes: All Noes: None Motion Carried

    17.   Chief Gehen re Reinstatement of Jeffery Coia from leave of absence

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to reinstate Police Officer Jeffery Coia effective June 12, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Officer Coia is returning from a personal leave of absence granted from April 13 – June 11, 2005.

    Ayes: All Noes: None Motion Carried


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    9-C    COMMUNICATIONS

    18.   Chief Gehen re Resignation of Daryl Clifford as part-time Public Safety Dispatcher

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Daryl P. Clifford and terminate him as part-time Public Safety Dispatcher effective June 18, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    19.   Chief Gehen re Status change for part-time Public Safety Dispatchers to part-time seasonal

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of the following part-time Public Safety Dispatchers to part-time seasonal effective June 1 – 30, 2005:

    David Steinwandel        Michael Rybak
    Roger Leising David Wasiura

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

    Ayes: All Noes: None Motion Carried

    20.   Chief Gehen re Attendance at Law Enforcement Executive Development Seminar

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Chief Gehen to attend the FBI sponsored Law Enforcement Executive Development Seminar (LEEDS) program, June 19 – July 1, 2005 in Quantico, Virginia, at a total cost not to exceed $771.90.

    Ayes: All Noes: None Motion Carried

    21.   Chief Gehen re Designation of National Night Out

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to designate Tuesday, August 2, 2005, 5:00 P.M. – 9:00 P.M. as the date for observance of National Night Out to be held at the Southgate Plaza, noting that the Buildings & Grounds Department is needed to assist in setting up and dismantling any needed equipment.

    Ayes: All Noes: None Motion Carried

    22.   Town Clerk re Bid award for moving of voting machines

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for moving of voting machines for Primary Day and the General Election for 2005 to Mayflower Ihrig Moving & Storage, 877 Seneca Street, Buffalo, NY 14210, at their low proposal of $1184 for each day, for a total of $2368.

    Ayes: All Noes: None Motion Carried


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    9-C    COMMUNICATIONS

    23.   Recreation Director re Termination of part-time Recreation Attendants & Lifeguard/Instructors

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate the following individuals effective June 1, 2005:

    Recreation Attendant  
    Robert Chavanne Christina Cotter
    Jeffrey Hanover Paul Isaac, Jr.
    Michelle Maciuba Kimberly Michalek
    Genna Miller Julie Nicholl
    Jena Provino Anne Renkas
    Jeong Hee Sullivan Danielle Vario
    Samantha Zawodzinski  

    Lifeguard/Instructor  
    Nicholas Adrian Courtney Fallon
    Laura Pyzikiewicz  

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

    Ayes: All Noes: None Motion Carried

    24.   Recreation Director re Rate increase for part-time Recreation Attendants & Lifeguard/Instructor

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a step change to the following employees effective June 1, 2005:

    Lifeguard/Instructor, Step 1 @ $8.45 per hour
    Jessica Welker

    Recreation Attendant, Step 4 @ $6.20 per hour
    Aubrey Arnold Laura Battaglia
    Robert Gainey Erin Hanavan
    Michael Kelm Meghan Lake
    Sarah Renkas William Vertalino

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

    Ayes: All Noes: None Motion Carried

    25.   Recreation Director re Reappointment of Kathleen Pacella as part-time Clerk Typist

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to reappoint Kathleen Pacella as part-time Clerk Typist to work at the Burchfield Nature and Art Center at a rate of $7.40 per hour effective June 2 – September 24, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    9-C    COMMUNICATIONS

    26.   Recreation Director re Appointment of part-time seasonal employees

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the individuals on the attached list to work part-time seasonal effective June 24 – September 24, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    On the question, Councilman Osmanski noted that these individuals were new hires for the Recreation Department. Those hired at previous meetings were reappointments from previous years.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    27.   Recreation Supervisor re Rate increase for part-time Van Driver William Falkner

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a rate increase to $7.90 per hour for part-time Van Driver William Falkner effective August 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Falkner completed the required 1400 hours to qualify for this increase.

    Ayes: All Noes: None Motion Carried

    28.   Youth Director re Resignation of Michael Carr as Family Mediator

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Michael Carr and terminate him as Family Mediator for the West Seneca Youth Bureau effective May 31, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    29.   Youth Director re Appointment of Carol Beyer as Family Mediator

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Carol A. Beyer as Family Mediator at a rate of $11 per hour effective June 13, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    30.   Youth Director re West Seneca Youth Board by-laws

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the amended by-laws for the West Seneca Youth Board that includes a nine member Board of Directors.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    9-D    REPORTS

  • Patricia C. Wisniewski, Town Clerk’s report for May 2005 received and filed.

  • William P. Czuprynski, Building Inspector’s report for May 2005 received and filed.


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    9-E    DEPARTMENTAL PRESENTATIONS

  • Natural Disaster Services Coordinator Michael Kerl explained the function of the Disaster Preparedness Office and how the office changed after September 11, 2001. Mr. Kerl noted his background and experience in the fire service and cited various incidents that occurred over the years and how they were handled.

    ISSUES OF THE PUBLIC

    RESIDENT COMMENTS ON DEPARTMENTAL PRESENTATIONS

    Dale Clarke, 379 Indian Church Road, commented that the departmental presentations were going well and questioned when Supervisor Clark would be giving a presentation on his office.

    Supervisor Clark responded that his office was not yet scheduled for a presentation.

    RESIDENT COMPLAINTS ON SENECA STREET SOCCER COMPLEX

    Anthony Sansone, 15 Parkside Drive, stated that this past weekend the Town of Cheektowaga held a tournament at the Seneca Street Soccer Complex. There were many complaints from neighbors on Parkside Drive that people were camping at the soccer complex, urinating and even defecating in their back yards, and cutting through their yards. Mr. Sansone asked the Town Board to reconsider the lease agreement with the soccer association. He understood that the soccer association was still way behind in their payments on the lease and that they were violating the terms of the lease by not receiving approval from the Town Board for events other than soccer games (ie. car show) that were held at the soccer park. Mr. Sansone was told that the town was allowing the soccer association to invite soccer organizations from other municipalities to play at the soccer complex to create additional revenue so they could pay their bills. However, he understood that the bills still were not being paid and the Parkside Drive residents were forced to put up with the noise and other disturbances. Mr. Sansone suggested that only the children of West Seneca be allowed to use the soccer complex and that the Town Board make the soccer association accountable. He asked for a meeting with the Town Board and soccer association to renegotiate the lease.

    Frank Russo, 38 Parkside Drive, commented on the activity at the soccer park on the weekend and stated that there were people on the berm partying with coolers and tents and noise from 7:30 A.M. until the evening hours. He asked that changes be made to restrict the use of the soccer park. Mr. Russo questioned if the town received any payments from the soccer association in 2004 or to date in 2005.

    Comptroller Chuck Koller responded that payments were made in 2004 but he would have to do some research for the amount. No payment had been made yet for 2005.

    Mr. Russo did not believe that the soccer association was abiding by the terms of the lease and suggested that a committee be formed to get together and make changes. He commented on various events other than soccer games that were scheduled for the soccer park, but the Town Board was not aware of them and had not given their approval. Mr. Russo questioned who was responsible for the lease that was signed between the soccer association and the town since Buffalo & Niagara Sports was running the soccer park. He noted that the web page for the soccer park stated that the complex could be rented for soccer or non-soccer events, but this was not told to the residents at the meetings that took place prior to development of the soccer park.

    Supervisor Clark stated that when the soccer park was initially discussed it was stated that it would be a recreational complex under the direction and operation of the Town of West Seneca. There was a public component that included a walking area for anyone to use and the soccer association encouraged youth sports and youth activities. The park was developed with state revenue and the town financed it. They hoped to recover back rental payments if possible, but it was a youth recreational activity and organization with a very noble purpose.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2005-09
    West Seneca, NY 14224 June 13, 2005
    Page twelve . . .

    ISSUES OF THE PUBLIC

    NOISY AIR CONDITIONERS ON MILL ROAD

    Ed Jarosz, 858 Mill Road, stated that he filed a noise complaint with the town on June 23, 2004 regarding the air conditioning system at Southgate Physician’s Imaging Center and filed additional complaints since that time. There were three air conditioning units that cycled on and off 24 hours per day, and Mr. Jarosz was able to hear this in his house with the doors and windows closed. Mr. Jarosz did not receive any response from the town for the complaints he filed and asked that this noise pollution be investigated to determine if anything could be done to quiet the units.

    Code Enforcement Officer William Czuprynski stated that he would investigate the problem and report back to the Town Board.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    JOHN MCNULTY APPOINTED SUMMER HELP IN HIGHWAY DEPARTMENT

    Motion by Councilman Hicks, seconded by Councilman Graber, to appoint John McNulty as summer help in the Highway Department at a rate of $6.50 per hour effective June 13 – September 2, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    FUNDS RECEIVED FOR PURCHASE OF NEW CONSOLE IN DISPATCH

    Councilman Graber stated that in 2002 Chief Gehen spearheaded a public safety communications improvement project in response to a communications problem between law enforcement officials and the fire service. A new radio tower was constructed along with a new building to safely store the electronic equipment. Chief Gehen also had a repeater system installed and obtained a grant that provided a portable radio to each police officer. The inside component of the project was a new console at a cost of $100,000 to replace the out of date console in the dispatch area. In 2003, Senator Stachowski’s office provided the town with $30,000 towards the cost of a new console and another $37,000 in 2004 with the understanding that the town would provide the remaining $33,000. The town was not yet ready to spend $33,000 for the new console and this year Senator Stachowski provided the remaining funds for this equipment. Construction was anticipated for winter/spring 2006. Councilman Graber thanked Chief Gehen for his tireless efforts and Senator Stachowski for his assistance. He suggested that a letter be forwarded to Senator Stachowski expressing the town’s appreciation.

    PROPERTY MAINTENANCE COMPLAINT ON FRENCH ROAD

    Councilman Osmanski questioned the status of the property maintenance complaint at 139 French Road.

    Code Enforcement Officer William Czuprynski advised that this matter was in court. He would go out tomorrow and start citing the property owner once again and continue to do so. It would then be up to the Judge impose a fine.

    UNREGISTERED CARS ON EAST & WEST ROAD

    Councilman Osmanski questioned the status of a previous complaint of unregistered cars at 633 East & West Road.

    Code Enforcement Officer William Czuprynski advised that there were no vehicles on the property when he went to investigate the complaint.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2005-09
    West Seneca, NY 14224 June 13, 2005
    Page thirteen . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    STATUS OF STAR MOTORS COMPLAINT

    Councilman Osmanski questioned the status of a previous complaint from a resident regarding Star Motors on Clinton Street.

    Code Enforcement Officer William Czuprynski stated that he would be discussing this matter with Town Attorney Tim Greenan.

    PROPERTY MAINTENANCE COMPLAINT ON SKY HI DRIVE

    Councilman Osmanski referred to a complaint from a Sky Hi Drive resident regarding tall brush in the field behind her home and questioned the status of that matter.

    Code Enforcement Officer William Czuprynski stated that the property owner had passed away. There was 3.1 acres of land and it would need to be brush hogged. The field was well past the 18-inches specified in the ordinance.

    Councilman Osmanski stated that the town could do this work and charge it back to the taxes, but it was a considerable amount of money and he did not know how it would work with the property owner being deceased.

    Town Attorney Tim Greenan stated that he would inquire as to the status of the estate and try to determine who would be the responsible party.

    TOWN BOARD MEETINGS SCHEDULED

    Supervisor Clark announced the Town Board meetings for the third quarter of 2005 as follows:

    Monday, July 11, 2005 @ 7:30 P.M.
    Monday, August 22, 2005 @ 7:30 P.M.
    Monday, September 19, 2005    @ 7:30 P.M.

    PUBLIC HEARING SCHEDULED FOR SENECA CREEK ROAD WATERMAIN PROJECT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, pursuant to §202-b of Town Law, to schedule a public hearing for Monday, July 11, 2005 at 7:30 P.M. concerning the Seneca Creek Road Watermain Replacement Project, Job No. S-0202, that includes replacement of approximately 6700 linear feet of 8-inch watermain along the north side of Seneca Creek Road in West Seneca Water District No. 1.

    On the question, Supervisor Clark asked why a public hearing was necessary.

    Town Engineer George Montz advised that a public hearing was necessary because this was a special district and they were expending funds for the watermain replacement. Separate financing for the project was included in the summary submitted to Comptroller Charles Koller.

    Town Attorney Tim Greenan thought that the public hearing was required because of the financing, but he would verify if it was necessary.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2005-09
    West Seneca, NY 14224 June 13, 2005
    Page fourteen . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    PUBLIC HEARING SCHEDULED FOR LEYDECKER ROAD RECONSTRUCTION PROJECT

    Motion by Councilman Hicks, seconded by Supervisor Clark, pursuant to §202-b of Town Law, to schedule a public hearing for Monday, July 11, 2005 at 7:30 P.M. to consider the Leydecker Road Reconstruction Project, Job No. L-0404, that includes the extension of approximately 3000 linear feet of 8-inch watermain along the west side of Leydecker Road in West Seneca Water District No. 3.

    Ayes: All Noes: None Motion Carried

    DEPUTY TOWN ATTORNEY WELCOMED

    Newly appointed Deputy Town Attorney Paul Notaro was welcomed to the meeting.

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:45 P.M.

    Ayes: All Noes: None Motion Carried




    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK