West Seneca Town Board Meeting Minutes 01/22/2007





WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2007-01
West Seneca, NY 14224 January 22, 2007

Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance and the changing of the colors from VFW Post #8113 to Island X-5 Navy Seabee Veterans of America.

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 Edmund F. Burke, Alfred Lonzi, Irene V. Hernik, Betty L. Farrell, Barbara Shea, John A. Santoro, Paul G. Pasternak, Stella “Sally” Dudziak, Eleanor M. Greenan, Norman Polanski Sr., and Arthur Wozniak.

1-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the December 28, 2006 bid opening for purchase of an in-station DVD video system.

    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2006-15 of December 11, 2006.

    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the January 2, 2007 Reorganization Meeting.

    Ayes: All Noes: None Motion Carried

    1-B    COMMUNICATIONS

    1.   Supervisor Clark re Reappointment of Michael Hughes to Zoning Board of Appeals

    Motion by Councilman Osmanski, seconded by Councilman Graber, to reappoint Michael Hughes to the Zoning Board of Appeals for a five-year term effective November 24, 2006 through November 23, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    2.   Supervisor Clark re Attendance at Association of Towns meeting

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the Supervisor, Council Members, Town Justices, Town Attorney, Deputy Town Attorneys, Town Comptroller, and two Court Clerks to attend the 2006 Training School and Annual Meeting of the Association of Towns of the State of New York to be held in New York City, February 18 – 21, 2006 at a total cost not to exceed $1570 per person attending.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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    West Seneca, NY 14224 January 22, 2007
    Page two . . .

    1-B   COMMUNICATIONS

    3.   Supervisor Clark re Request for Town Band

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the West Seneca Town Band to perform Wednesday, June 27, 2007 at New Hope United Methodist Church for their annual strawberry festival.

    Ayes: All Noes: None Motion Carried

    4.   Town Engineer re Barnett Drive & Elwood Drive Reconstruction project, final acceptance

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve final change order #1 for Visone Construction Co., Inc., 79 Sheldon Avenue, Depew, NY 14043, for a net deduct of $20,500.72 and accept the Barnett Drive & Elwood Drive Reconstruction Project, Job No. B-0603, at a final contract amount of $446,270.28.

    Ayes:  (4)    Councilman Osmanski, Councilman Hicks, Councilman Graber, Councilman Bove,
    Noes: None
    Abstentions:  (1)    Supervisor Clark
    Motion Carried

    Supervisor Clark abstained from voting on this item because Visone Construction was a client of an accounting firm that he had a financial interest in.

    5.   Town Engineer re Purchases requiring Town Board approval

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

    Nichols, Long & Moore Construction Corp. (watermain repair at Plant 6)      $4134.44
    Duke’s Root Control (root control)                $3000.00
    Waste Stream Technology, Inc. (quarterly sampling)          $1758.00

    Ayes: All Noes: None Motion Carried

    6.   Highway Supt. re Title change for Andrew Bork & Joseph Steen

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Andrew Bork as Sewer Maintenance Worker and appoint Andrew Bork as Motor Equipment Operator, Group 2, Step 5, at a rate of $22.06 per hour, and further, terminate Joseph Steen as Highway Laborer and appoint Joseph Steen as Motor Equipment Operator, Group 2, Step 5, at a rate of $22.06 per hour, with both appointments effective January 22, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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    West Seneca, NY 14224 January 22, 2007
    Page three . . .

    1-B    COMMUNICATIONS

    7.   Highway Supt. re Termination of Patrick Hill as Highway MEO

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Patrick Hill as Highway Motor Equipment Operator effective January 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    8.   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 for William Geary, effective December 8, 2006 through January 25, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    9.   Highway Supt. re Appointment of Dennis O’Sullivan as part-time laborer

    Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Dennis O’Sullivan as part-time Laborer in the Buildings & Grounds Department effective December 30, 2006 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    10.   Highway Supt. re Purchase of steam boiler for transfer station

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of a steam boiler for the transfer station from Tri R Mechanical Services at a cost of $11,551.

    On the question, Councilman Bove questioned if insurance would pay for this purchase.

    Highway Supt. Patrick Finnegan responded that he had not yet been notified as to whether this was covered but he was hopeful.

    Ayes: All Noes: None Motion Carried

    11.   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:

    Sysco Food Services (janitorial supplies)           $2855.10
    National Overhead Door (door repairs at Ice Rink)          $2376.50
    R.B. U’Ren Equipment Inc. (rental of aerial lift)          $2280.50
    RS Lang Enterprises, Inc. (phone system at library)          $3305.55
    STS Truck Equipment & Trailer Sales (tailgate sanders)          $6800.00
    Gerster/Trane (Ice Rink repairs)                 $2484.63

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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    West Seneca, NY 14224 January 22, 2007
    Page four . . .

    1-B   COMMUNICATIONS

    12.   Chief Gehen re Appointment of Anthony Serafini as Police Officer

    Motion by Councilman Osmanski, unanimous second, to appoint Anthony P. Serafini as Police Officer temporary effective January 22, 2007 at an annual salary of $43,813.38 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this appointment is contingent upon satisfactory results of medical and psychological examinations and is subject to a one year probationary period.

    Ayes: All Noes: None Motion Carried

    13.   Chief Gehen re Bid date for purchase of police vehicles

    Motion by Supervisor Clark, seconded by Councilman Hicks, to set a bid date of February 13, 2007 at 10:00 A.M. for receipt of bids on the purchase of five (5) marked police vehicles, one (1) unmarked vehicle, and one (1) four-wheel drive vehicle.

    Ayes: All Noes: None Motion Carried

    14.   Chief Gehen re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2126.25 to Al-Ross Sport Screening, Inc. for DARE t-shirts, $4064.54 to GTSI Corporation for computer equipment, and $1806.12 to Montgomery’s Service for vehicle repairs.

    Ayes: All Noes: None Motion Carried

    15.   Town Clerk re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $2355 to Niagara Business Solutions, Inc. for annual maintenance of the Clerk’s Accounting System and Dog License Registration System in the Town Clerk’s Office for the period January 1 – December 31, 2007.

    Ayes: All Noes: None Motion Carried

    16.   Receiver of Taxes re Seasonal status for part-time clerks

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time Clerks to part-time seasonal effective January 10 – March 30, 2007:

    Patricia Farr Margaret Welker
    Laurine Fischione          Marcia Turner
    Christine Salisbury Margaret Pomona

    and terminate June Cotter effective January 22, 2007, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-01
    West Seneca, NY 14224 January 22, 2007
    Page five . . .

    1-B   COMMUNICATIONS

    17.   Recreation Director re Termination of L. Wilhelm & appointment of T. Boltz as Clerk Typist PT

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Lisa Wilhelm effective December 31, 2006 and appoint Theresa Boltz as part-time Clerk Typist effective January 23, 2007 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    18.   Recreation Supervisor re Rate increase for part-time Van Driver James Pjontek

    Motion by Councilman Osmanski, seconded by Councilman Bove, to increase the hourly rate of part-time Van Driver James Pjontek from step two $7.90 per hour to step three $8.40 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Pjontek completed 5400 hours of service to warrant this increase.

    Ayes: All Noes: None Motion Carried

    19.   Recreation Supervisor re Appointment of John McCartan as part-time Van Driver

    Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Nicholas Sagnibene as part-time Van Driver and appoint John McCartan as part-time Van Driver effective January 22, 2007 at a rate of $7.40 per hour; and further, change the status of part-time Van Drivers James Pjontek and John Fechtor to part-time seasonal effective January 29 – June 29, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    1-C   REPORTS

  • Patricia C. DePasquale, Town Clerk’s report for December 2006 and year end 2006 received and filed.

  • William P. Czuprynski, Code Enforcement Officer’s report for December 2006 and year end 2006 and Plumbing Inspector’s report for November & December 2006 and year end 2006 received and filed.

    ISSUES OF THE PUBLIC

    NEED FOR IMPROVEMENTS TO POLICE DEPARTMENT FACILITY

    Tony LaForte, President of MOHSESORG in French Quarters Mobile Park, stated that he and seven others from the association recently attended the Citizen Police Academy sponsored by the Police Department. They enjoyed the program immensely and thought the information and knowledge they obtained was very gratifying. However, Mr. LaForte commented that after touring the Police Department they were very disappointed with the conditions the police worked under, i.e. no air conditioning in most of the small offices, cramped working conditions, storage of files and cabinets in working areas. Mr. LaForte suggested that the Town Board consider making improvements to the existing Police Department or provide the police with a building of their own.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-01
    West Seneca, NY 14224 January 22, 2007
    Page six . . .

    ISSUES OF THE PUBLIC

    NEED FOR IMPROVEMENTS TO POLICE DEPARTMENT FACILITY    (continued)

    Supervisor Clark responded that the Town Board was aware of the need and had been discussing this issue over the last few years. They were hoping to access money from Homeland Security for this purpose, but it did not appear that this was going to occur, so they would soon be faced with a decision as to whether to self-finance the project.

    Pamela McAdams, 82 Lorraine Place, stated that although the Town Board had done a fine job in holding the line on taxes, she was not proud of what had been done for the police officers. She thought the police officers deserved better facilities and suggested moving the department to the Highway Department as a temporary solution to the problem. Ms. McAdams further suggested approaching Senators Schummer & Clinton for funds through Homeland Security and noted that some of the fire companies recently received grants.

    Supervisor Clark stated that they tried to get eligibility to at least write the grant application, but had been unable to do so. Currently, the definition of what was eligible was primarily equipment and nothing for facilities. The grants received by the fire companies were also for equipment.

    WARREN AVENUE DETENTION BASIN

    Geri Yaks, Warren Avenue, referred to the detention basin located in her back yard and stated that when the basin was first built it was not a problem, but since it was redone it fills completely to the top and remains full for a few days. Mrs. Yaks was concerned about the detention basin overflowing, about children playing in it, and about the basin being cut. She had spoken to some Highway Department personnel and they did not believe the detention basin was dug right. Mrs. Yaks asked that something be done to remedy this situation.

    Town Engineer George Montz stated that water from the detention basin went under the eastbound lane of Route 400 to the center strip and then flowed westward between the two lanes. He would check the cross pipes to make sure they were open. The town was responsible for the outfall pipes for the detention basin, but the NYSDOT was responsible for the pipes under Route 400.

    STATUS OF REVISIONS TO NOISE ORDINANCE

    Ruck Marino, Clinton Street, stated that he reviewed the Comprehensive Plan and found nothing concerning the Noise Ordinance.

    Supervisor Clark responded that revising the Noise Ordinance was separate and not tied in with revising the Comprehensive Plan.

    Mr. Marino questioned if anything had been done since the October meeting when Councilman Graber stated that he would address the Noise Ordinance.

    Councilman Graber stated that he was in possession of Noise Ordinances from the towns of Amherst, Cheektowaga, and Lancaster and was in the process of reviewing them.

    Mr. Marino was happy to hear that revisions may be forthcoming and submitted a sample Noise Ordinance from another town for Councilman Graber to review.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-01
    West Seneca, NY 14224 January 22, 2007
    Page seven . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    NYSEG COMPLAINTS

    Councilman Hicks questioned when Gary Drive, Fawn Trail and Sunrise Terrace were released to NYSEG to be energized.

    Town Engineer George Montz was not certain of the date but thought it was about four weeks ago.

    Councilman Hicks stated that the lights were still not on and questioned how long Mr. Montz waited before taking action.

    Mr. Montz stated that his department had been taking action and had called NYSEG at least once each week.

    Councilman Hicks suggested writing to the Public Service Commission to make them aware of the situation and hopefully get some action.

    Councilman Graber commented on a number of street lights that were out that were reported to NYSEG five to six weeks ago and still had not been replaced. He asked that Mr. Montz report this to the Public Service Commission as well and thought that they needed to review the entire tariff system and come up with some type of penalty for NYSEG.

    Councilman Osmanski also asked that Mr. Montz contact him prior to sending the letter to the Public Service Commission to discuss several complaints he had received from the public.

    ATTENDANCE OF OFFICER MORANO AT SCHOOL RESOURCE OFFICER TRAINING

    Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize Officer Ken Morano to attend the Alternatives to Expulsion, Suspension & Dropping Out of School training conference, February 1 – 3, 2007 at the Royal Plaza Hotel in Lake Buena Vista, Florida, at a total cost not to exceed $984.10, noting that Officer Morano will also be presenting material as a representative of the West Seneca Police Department.

    Ayes: All Noes: None Motion Carried

    BID AWARD FOR IN-STATION DVD VIDEO SYSTEM

    Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize the purchase of an in-station DVD video system from Eastern States Sentinel Alarm Systems, Inc., 5647 Seneca Street, West Seneca, at their bid price of $15,025.

    Ayes: All Noes: None Motion Carried

    READOPTION OF AMENDMENTS TO ELECTRICAL INSPECTION ORDINANCE

    Motion by Councilman Graber, seconded by Councilman Hicks, to readopt the amendments to the Electrical Inspection Ordinance adopted on November 20, 2006.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-01
    West Seneca, NY 14224 January 22, 2007
    Page eight . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    SALE OF 35 LEGION PARKWAY TO AMERICAN LEGION POST 735

    Motion by Councilman Bove, unanimous second, to authorize the Supervisor to sign the purchase agreement for the sale of 35 Legion Parkway to American Legion Post 735 Inc. for the sum of $1.00.

    On the question, Deputy Town Attorney Paul Notaro stated that this was a paper street the town was selling to the American Legion Post that would allow them to expand their facility and give the town some additional parking.

    Ayes: All Noes: None Motion Carried

    VACANT HOUSES WITHIN THE TOWN

    Councilman Bove stated that she had been working with the Code Enforcement Office over the last few weeks concerning some issues within the town. One of the issues was the number of vacant houses and there was an article in the Buffalo News this date concerning this same topic. Although vacant houses used to be considered a city problem, the suburbs were now facing this same issue. The Property Maintenance Ordinance allowed the town to board up the windows of a vacant house, cut the grass, and put a lien on the property. The Town of West Seneca had 10 to 20 of these vacant houses and it was possible someday that the town could have a housing court to handle these issues. Councilman Bove thought it was time to take a fresh look at eyesores in the town, specifically the former Seneca Mall site, and she would be working with Code Enforcement, the Town Attorney’s Office, and Planning Consultant Drew Reilly to tighten up the ordinances to ensure that properties are maintained.

    Supervisor Clark commented that the City of Buffalo had been reviewing an ordinance concerning this issue, and he received a communication this afternoon from Council President David Franczyk suggesting a community wide consortium to address this issue. He would forward this communication to Councilman Bove for her review and possible follow up with a resolution that the Town of West Seneca participate in the proposed consortium.

    SENIOR SERVICES VAN CONTRACT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the Supervisor to execute the town’s 2007 Senior Services Van Contract whereby the town and the county cooperatively look to provide transportation services to elderly people within the town, noting that this is the same contract as last year with a modification that the van be made available in the event of a disaster.

    Ayes: All Noes: None Motion Carried

    LEASE AGREEMENT FOR 12 SCHOOL STREET

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the Supervisor to sign a lease agreement with the County of Erie for legislative office space at 12 School Street for Erie County Legislator Cynthia Locklear, noting that the monthly rental is $650 which helps offset the town’s cost for acquisition and cleanup of the facility.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-01
    West Seneca, NY 14224 January 22, 2007
    Page nine . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    CONSULTANT ENGAGED FOR PROPOSED WALMART PROJECT

    Town Attorney Timothy Greenan stated that the Code Enforcement Department and Engineering Department recently received a site plan and building drawings for a proposed WalMart on Mineral Springs Road across from National Fuel and adjacent to land owned by the Town of West Seneca. WalMart was requesting a variance from the Zoning Board of Appeals, but the property appeared to be properly zoned and might not require any approvals from the Town Board or Planning Board. Code Enforcement Officer William Czuprynski had not yet reviewed the application. Mr. Greenan recommended that Planning Consultant Drew Reilly immediately be engaged to assist in reviewing the application to ensure that WalMart was fully compliant with the town ordinance and SEQR and that all potential environmental impacts of the property were reviewed.

    Motion by Supervisor Clark, seconded by Councilman Bove, to engage Wendel Duchscherer to act as consultant to the town and Zoning Board of Appeals with regard to a proposed WalMart on Mineral Springs Road.

    On the question, Supervisor Clark stated that he attended a brief meeting with respect to this proposed project, and although the motion may be premature since there was no application submitted yet, there were some inquiries made. The zoning for the property was appropriate for a WalMart store, but they wanted to ensure that the SEQR process was followed and that the project complied with all aspects.

    Ayes: All Noes: None Motion Carried

    PUBLIC HEARING ON AMENDMENTS TO BUILDING & ZONING CODES

    Motion by Supervisor Clark, seconded by Councilman Bove, to schedule a public hearing for February 26, 2007 at 7:30 P.M. to consider an amendment to the building and zoning codes with respect to smoke and fire detector systems.

    On the question, Deputy Town Attorney Paul Notaro advised that amendments were required to bring the code up to the current standards coming down from New York State.

    Ayes: All Noes: None Motion Carried

    ACQUISITION OF 20 SCHOOL STREET

    Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize the Supervisor to sign a purchase agreement for the acquisition of 20 School Street, noting that funds were made available through the Erie County Community Block Grant program.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

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

    Ayes: All Noes: None Motion Carried




    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK