West Seneca Town Board Minutes 11/20/2006
Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance. ROLL CALL: Present -
Absent - None Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. 14-A MINUTES TO BE APPROVED
14-B LEGAL NOTICES 1. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A PETITION FOR CREATION OF A LIGHTING DISTRICT IN ROLLING RIDGE SUBDIVISION, TO BE KNOWN AS ELECTRIC LIGHTING DISTRICT NO. 62” in the Town of West Seneca, be received and filed.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan advised that this lighting district would cover the streets of Camelot Drive, Louise Drive, Conner Court & Conner Drive. A petition for creation of the lighting district was filed pursuant to the provisions of §198-6 of the Town Law and signed by 100 percent of the owners of real estate fronting and abutting these streets. No comments were received from the public. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Councilman Osmanski, seconded by Councilman Hicks, to create a lighting district in Rolling Ridge Subdivision, to be known as Electric Lighting District No. 62 and issue a Negative Declaration with regard to SEQR.
*APPENDICES* 2. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS, AND IF NEED BE, ACT UPON LOCAL LAW NO. 2 OF THE YEAR 2006, AMENDING CHAPTER 65 OF THE TOWN OF WEST SENECA CODE, ELECTRICAL INSPECTIONS ORDINANCE, TO ALLOW ADDITIONAL THIRD PARTY INSPECTORS” in the Town of West Seneca, be received and filed.
14-B LEGAL NOTICES 2. (continued) Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan stated that §65-1 of the Town’s Electrical Inspections Ordinance limited the ability to perform electrical inspections to the Code Enforcement Officer and a single private company, the New York Board of Fire Underwriters. The Town Board had previously discussed modifying the ordinance to allow further and broader delegation of the right to do inspections under the Electrical Inspections Ordinance within the Building Department and to other outside vendors. The proposed modification would permit the Town Board to designate additional individuals or electrical inspection companies to perform electrical inspections in the town. The proposal continues with the information that a proposed electrical inspection company would need to submit to the town, as well as requirements for liability insurance and naming the town as an additional insured. Steve Lomison, 222 Langner Road, stated that he was an electrical contractor residing in West Seneca and he hoped that the amendment would be adopted so other electrical inspection companies could do work in the town. He was not happy with the New York Board of Fire Underwriters and preferred to work with Commonwealth, who he thought was very professional and easy to work with. Councilman Graber questioned what problems arose with the New York Board of Fire Underwriters. Mr. Lomison stated that he had done a service upgrade on Allendale Road and the New York Board of Fire Underwriters took over six weeks to inform NYSEG that the job was approved. They told NYSEG that he was late getting in his application and the inspection was done while he was on site doing the service upgrade. NYSEG made Mr. Lomison’s company look bad and threatened the homeowner that their power would be cut off because it was never inspected. Mr. Lomison further stated that a few years ago, New York Board of Fire Underwriters changed their price schedule and gave his company only three days notice. He already had 30 jobs bid out, and New York Board of Fire Underwriters’ increase was $35 per permit. Councilman Graber questioned how much a typical inspection cost for a service upgrade. Mr. Lomison responded that it cost $65 to $85. Don Grasso, 64 Lexington Green, stated that when he built his house in West Seneca he had to use the New York Board of Fire Underwriters. He had no problem with them, but he thought it was a good idea to amend the ordinance to allow additional companies. Mr. Grasso suggested that rather than the Town Board choose electrical inspection companies, any qualified inspection company be allowed to perform the electrical inspections. Amy Carpenter, 406 Woodward Crescent, questioned how the companies are monitored when they are given permission to do electrical inspections in town. Code Enforcement Officer William Czuprynski stated that at one time there were not many electrical inspection agencies, and the New York Board of Fire Underwriters were the best known for this work. Most towns had them in their ordinances as a third party electrical inspector. Other companies were now coming into the area and wanting to do inspections. Bill Miller stated that he works with Frank Boncore who has had problems with the New York Board of Fire Underwriters. Mr. Boncore has done a lot of work in West Seneca and is very capable, but they will not accept his applications or inspections.
14-B LEGAL NOTICES 2. (continued) Councilman Graber commented that it should not matter who the electrician is. The electrical inspector had an obligation to inspect facilities, and personalities should not come into play. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Mr. Greenan stated that Mr. Czuprynski had suggested February 1, 2007 as an effective date for the amendment. He further noted that the proposed amendment also involved a modification to §65-3 of the ordinance concerning violations. Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt Local Law No. 2 of the year 2006 and amend Chapter 65 of the Town of West Seneca Code, Electrical Inspections Ordinance, to allow additional third party inspectors, effective February 1, 2007. On the question, Supervisor Clark thought that this would open up the system and create more competition, which would help to curb any abuses. Councilman Osmanski suggested changing the effective date to allow sufficient time to receive and review applications and designate inspectors. Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt Local Law No. 2 of the year 2006 and amend Chapter 65 of the Town of West Seneca Code, Electrical Inspections Ordinance, to allow additional third party inspectors, effective March 1, 2007.
*APPENDICES* 3. Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AUTHORIZING THE ISSUANCE OF $700,000 IN SERIAL BONDS OF SAID TOWN TO FINANCE THE COST OF CERTAIN IMPROVEMENTS TO WEST SENECA WATER DISTRICT NO. 1 CONSISTING OF ACQUIRING, CONSTRUCTING AND REPLACING CERTAIN WATERMAINS ALONG SENECA CREEK ROAD” in the Town of West Seneca, received and filed. 4. Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AUTHORIZING THE ISSUANCE OF $280,000 IN SERIAL BONDS OF SAID TOWN TO FINANCE THE COST OF CERTAIN IMPROVEMENTS TO WEST SENECA SEWER DISTRICT NO. 13 CONSISTING OF ACQUIRING, CONSTRUCTING AND REPLACING A PUMP STATION ON EAST CENTER ROAD” in the Town of West Seneca, received and filed. 14-C COMMUNICATIONS 1. Town Attorney re ASCAP agreement Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the Supervisor to execute the 2006-2007 agreement with the American Society of Composers Authors and Publishers (ASCAP). On the question, Supervisor Clark stated that because the town had concerts, youth group musicals, and senior programs that performed creative music, they had to pay creative fees to be able to offer the music to the public.
14-C COMMUNICATIONS 2. Town Engineer re Sewer rate comparison and merger feasibility study Received and filed. 3. Town Engineer re Camelot Square Part II, Phase 2, final acceptance Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the Camelot Square Part II – Phase 2 subdivision (Sublot Nos. 1 – 27 and 53 – 75) completed by NC Contracting, Inc., 151 South Avenue, West Seneca, NY 14224 under Public Improvement Permit No. 06-01.
4. Town Engineer re NYSEG proposal – Camelot Square Part II, Phase 2 Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a NYSEG street lighting proposal for an annual increase of $290.28 for adding 12 – 70 watt high pressure sodium luminaries in the Camelot Square Part II – Phase 2 subdivision, Electric Lighting District No. 62.
5. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2578.20 to Saia Communications for portable radios and $2046.46 to Fleet Maintenance for truck repairs.
6. Town Clerk re Landowner requests for inclusion to certified agricultural district The Erie County Legislator designated November 1 – 30, 2006 as the annual thirty-day period within which a landowner may request predominantly viable agriculture land for inclusion to a certified agricultural district in accordance with Section 303 of the New York State Agricultural and Markets Law. Landowners may obtain a copy of a form to be filled out accordingly at the Town Clerk’s office or through Planner John S. Opalka, Erie County Department of Environment and Planning, 95 Franklin Street, Buffalo, NY 14202, or by calling 858-6229. 14-D REPORTS
ISSUES OF THE PUBLIC DRAINAGE ISSUE ON SENECA CREEK ROAD Colleen Cotter, 389 Seneca Creek Road, stated that in August 2003 she complained to the West Seneca Building Inspector that her neighbor at 379 Seneca Creek Road was resurfacing his back yard. Mrs. Cotter’s neighbor brought in a number of truckloads of soil, which raised the grade of the property, and a small drain tile was installed between their properties out to the street. The Building Department informed Mrs. Cotter that no building permit was issued and no drainage survey was submitted prior to the work being done. After the work was completed, Mrs. Cotter’s back yard was excessively wet and the work that was done acted as a dam to the natural drainage that previously existed. As a result of her complaint and after numerous attempts to have the property owner obtain a survey, a summons was issued in March 2004. A court date was set for March 19, 2004 but was postponed several times. A trial finally took place before Judge Piotrowski in January 2005. Mrs. Cotter had supplied Code Enforcement Officer William Czuprynski with photos and asked if she should appear at the trial. Mr. Czuprynski told her that it was very clear to him that the property owner was in the wrong and it should be an open and shut case. A drainage survey should have been done and corrections needed to be made. Mrs. Cotter contacted the Building Department and Judge Piotrowski’s office on numerous occasions and was told each time that the Judge had not yet made a decision. She also wrote to Judge Piotrowski and asked him to contact her but received no response from him. Since the trial, the property owner of 379 Seneca Creek Road blacktopped his driveway, constructed a shed and swing set, and installed a drain pipe in front of his house to cover a ditch, while Mrs. Cotter continues to have seasonal water issues in her yard. Mrs. Cotter stated that it was clearly visible that her neighbor’s yard was much higher and drier than her yard and there was a clear line where the retention of the water was. She had a number of branches down from the October storm and was not able to clean them up because her back yard was too wet. Mrs. Cotter requested the Town Board’s assistance in reconciling this matter. Supervisor Clark was not certain how the Town Board could involve themselves in this matter since Judge Piotrowski was also an elected official. Town Attorney Timothy Greenan stated that he generally did not speak to the Judges out of court, because Town Prosecutor Dale McCabe, who was employed out of his office, prosecuted the matters and was really not allowed to speak to the Judge. He could ask Mr. McCabe to send Judge Piotrowski a letter and advise him that the matter was raised at this Town Board meeting and indicate that the board members were wondering when a disposition was expected. Supervisor Clark asked that Mr. Greenan follow through with this and correspond with Judge Piotrowski asking for a disposition on this matter. UPDATE ON GASLIGHT CONVERSION PROJECT Bruce Newman, 67 Heather Hill Drive, stated that Councilman Graber visited his subdivision on November 8th to get an update on the gaslight conversion project. There were open trenches, concrete footers from the old gaslights lying around, and a number of electric lights that were out of alignment. Simoncelli was in the neighborhood on November 17th and did some grading work on Heather Hill Drive, but they left piles of dirt and had not been back since then. The old gaslights were also still there. Some lights were installed in front of Mr. Newman’s house and on the other side of Heather Hill Drive, but NYSEG informed one of his neighbors that they could not hook up the lights because something was not installed correctly. Councilman Graber stated that he had talked to Siemens this date and they informed him that they had picked up all the concrete footers that were removed and the majority of lights were lit.
ISSUES OF THE PUBLIC UPDATE ON GASLIGHT CONVERSION PROJECT (continued) Mr. Newman responded that there were still concrete footers lying around and from Pamela Court to Michael Road there were only three lights working. Councilman Graber stated that there were many old gaslights still standing and Siemens had informed him that they would be removing them and doing the rough grading by the end of this week. He would look into the reason why NYSEG did not hook up all the lights and meet with Mr. Newman in his neighborhood tomorrow evening to determine which lights were not lit. Mr. Newman suggested that if the Town Board gets involved in another project such as this in the future, there should be some type of performance measures included in the contract. Amy Carpenter, 406 Woodward Crescent, stated that the electric lights on Treehaven Road had not yet been turned on. Councilman Graber responded that NYSEG informed him they would be turning on the lights on Treehaven Road this week. ELECTRICAL INSPECTION ORDINANCE AMENDMENT Steve Lomison, 222 Langner Road, thanked the Town Board for approving Legal Item #2 and asked if there was any way they could speed up the process of allowing additional electrical inspection companies to work in West Seneca. Currently the New York Board of Fire Underwriters had a two week response time and this was unacceptable for NYSEG. Town Attorney Timothy Greenan advised that the Town Board already adopted the ordinance and put an effective date on it. He did not believe they could revisit it at this time, but suggested that anyone interested submit their paperwork as outlined in the ordinance to the Building Department by March 1, 2007 so the Town Board could consider approving additional electrical inspectors. Councilman Osmanski stated that the Town Board could approve applications at any time now, and then on March 1, 2007 they would be able to start. Mr. Lomison questioned why it took so long and noted that other towns had done this and it only took 30 days. Supervisor Clark responded that the other towns may have done their research prior to amending the ordinance. He asked for Mr. Lomison’s patience with the March 1st effective date. Don Grasso, 64 Lexington Green, suggested that the Town Board amend their motion and make the local law effective immediately, pending Town Board approval of the electrical inspection company. Mr. Greenan understood that Code Enforcement Officer William Czuprynski had requested the effective date to be March 1, 2007 to allow sufficient time for his department to notify the New York Board of Fire Underwriters and to determine how the amendment would be handled. Mr. Czuprynski offered to contact the New York Board of Fire Underwriters and find out why their response time is so long.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS REINSTATEMENT OF POLICE OFFICER JAMES GIBBONS Motion by Councilman Hicks, seconded by Supervisor Clark, to reinstate Police Officer James Gibbons effective October 16, 2006 as he has returned from his military leave of absence and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
REINSTATEMENT OF POLICE OFFICER SEAN DONOHUE Motion by Councilman Hicks, seconded by Supervisor Clark, to reinstate Sean Donohue effective October 22, 2006 as he has returned from his military leave of absence and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
SEASONAL STATUS FOR PART-TIME PUBLIC SAFETY DISPATCHERS Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatchers James McCullough and Don Littler to part-time seasonal effective November 1 – 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
TEMPORARY BORROWING AUTHORIZED Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the temporary borrowing under a Revenue Anticipation Note and/or Budget Note supported by FEMA and insurance claims receivable to the town in an amount not to exceed $3,000,000.
RATE INCREASE FOR CHRISTINA SALISBURY Motion by Councilman Osmanski, seconded by Councilman Bove, to increase the rate of pay for part-time clerk Christina Salisbury to $10 per hour effective November 21, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
APPRENTICESHIP AGREEMENT Motion by Councilman Bove, seconded by Councilman Hicks, to require contractors doing work for the Town of West Seneca to utilize apprenticeship labor on all construction jobs of $675,000 or more in order to provide training for young people in the construction industry.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TRAFFIC STUDY AT RESERVE ROAD AND ORCHARD PARK ROAD Councilman Bove referred to her previous request of Highway Supt. Patrick Finnegan to research the possibility of a 3-color traffic signal at the intersection of Orchard Park Road and Reserve Road. Mr. Finnegan submitted to her a study that was completed in April 2005 by Regional Traffic Engineer James Barnack of the New York State Department of Transportation (NYSDOT). The study included a three-year accident history, which did not reveal significant problems that would be correctable by the installation of a 3-color traffic signal. Councilman Bove contacted Mr. Barnack and discussed other high traffic areas along with the expanding residential development off Orchard Park Road. He agreed to reopen the investigation of the need for a traffic signal at Reserve Road and Orchard Park Road and include data from the recent fatal accident. They would not be able to do car counting at this time of year, but would have the results in the spring of 2007. Mr. Barnack would be forwarding the results to Mr. Finnegan and Councilman Bove. AGREEMENT WITH PRISM HEALTH NETWORKS Motion by Councilman Bove, seconded by Councilman Hicks, to authorize the Supervisor to execute an agreement with Prism Health Networks to provide reimbursement to all qualifying residents for their use of the West Seneca senior fitness facility.
2007 HISTORICAL CALENDAR Town Clerk Patricia DePasquale announced that the 2007 Historical Calendar was completed and on sale for $5 in her office. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:35 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |