West Seneca Town Board Meeting Minutes 02/26/2007
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.
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.
The meeting was dedicated to the memory of Carol A. McNulty, Arthur T. Wozniak, Bruce R. White, Stella Wleklinski, Cynthia A. Faso, Harold R. “Dick” Carberry, Margaret R. Vogel, Dorothy I. Beam, Richard D. Krieger, Joseph J. Naples, George F. Burst, Jane Clouden, and Cheryl “Cherie” Trimper Geiser.
Councilman Bove thanked all the residents and town employees for their cards and sympathy on the death of her mother, Stella Wleklinski. It was greatly appreciated.
2-A MINUTES TO BE APPROVED
2-B LEGAL NOTICES1. Motion by Supervisor Clark, seconded by Councilman Hicks, 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 2007, ENTITLED ‘FIRE PREVENTION’” in the Town of West Seneca, be received and filed.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Town Attorney Timothy Greenan stated that Deputy Town Attorney Paul Notaro had done all the research and work on this Local Law, but he was ill and unable to attend this meeting. Mr. Greenan suggested that the public hearing be tabled until the next Town Board meeting.
No comments were received from the public.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the public hearing until the March 12, 2007 Town Board meeting.
1. Supervisor Clark re Reappointment of Carol Lorigo to Board of Assessment Review
Motion by Councilman Osmanski, seconded by Councilman Graber, to reappoint Carol P. Lorigo, to the Board of Assessment Review for a five year term effective October 1, 2006 through September 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Supervisor Clark re March of Dimes WalkMania
Motion by Councilman Osmanski, seconded by Councilman Bove, to grant permission for the March of Dimes to hold their WalkMania 2007 on Saturday, April 28, 2007 beginning at 9:00 A.M. on designated streets in the town with a start/finish point at West Seneca East Middle School.
3. Town Attorney re Senior services van contract
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the revised 2007 senior services van contract with the County of Erie.
4. Town Engineer re Leydecker Road Reconstruction Project, final change order & acceptance
Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve final change order #3 for Accadia Site Contracting, Inc., 5636 Transit Road, Depew, NY 14043, for a net deduct of $44,183.86 and accept the Leydecker Road Reconstruction Project, Job No. L-0404, at a final contract amount of $2,116,790.85.
5. Town Engineer re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $2500 to WNY Stormwater Coalition for annual membership fee and $4878.59 to TVGA Consultants for professional services on the Cazenovia Creek ice control structure.
6. Highway Supt. re Leave of absence for Patrick Hill
Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate the family medical leave for Patrick Hill effective December 2, 2006 and grant Patrick Hill a leave of absence without pay from December 3, 2006 through January 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7. Highway Supt. re Appointment of W. Mack & B. Sedlacek as part-time Sanitation laborers
Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Wayne Mack, and Brandon Sedlacek, as part-time sanitation laborers effective February 26, 2007 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Highway Supt. re Title change for Andrew Bork to Sewer Maintenance Worker
Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Andrew Bork, as Motor Equipment Operator in the Highway Department and appoint Andrew Bork as Sewer Maintenance Worker, Step 5, Group 2, at a rate of $22.06 per hour, effective February 26, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9. Highway Supt. re Military leave of absence for William Geary
Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a military leave of absence to William Geary effective February 24 – March 10, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10. Highway Supt. re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Highway Department:
Active Fence Co. (slide gate at compost site) $6100.00
11. Chief Gehen re Bid award for police vehicles
Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for one (1) new unmarked police vehicle, five (5) new marked police vehicles, and one (1) four-wheel drive vehicle to DeLacy Ford, 3061 Transit Road, Elma, NY 14059, at their bid price of $131,890.00, noting that this was the only bid but DeLacy Ford has been a reliable and competitive bidder in the past.
On the question, Chief Gehen noted that other bids were solicited, but DeLacy was the only one to submit a bid and it was actually lower than he had anticipated the cost of the vehicles to be.
12. Chief Gehen re Attendance of Capt. Daley & Det. Crowe at Search Warrant training school
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Captain Jack Daley and Detective Daniel Crowe to attend the Search Warrant training school at the New York State Police Academy in Albany, New York, March 7 – 9, 2007 at a total cost not to exceed $775.
13. Chief Gehen re Purchase requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1948.05 to Sewing Technologies for police uniforms.
14. Town Clerk re Attendance at NYS Town Clerk’s Association conference
Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Town Clerk Patricia DePasquale to attend the NYS Town Clerk’s Association annual conference in Rochester, New York, April 29 – May 2, 2007 at a total cost not to exceed $800.
15. Town Clerk re Budgetary transfer request
Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer of $9000 from Central Printing & Mailing #1.1670.0448 to Town Clerk #1.1410.0448 for payment of legal notices.
16. Town Clerk re Purchase requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $1766.81 to CMH Industrial Sales, Inc., 7400 East Lake Road, Westfield, NY 14787, for shelving at the Senior Citizens Center inactive records storage room.
17. Code Enforcement Officer re Attendance at Building Officials Educational Conference
Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Code Enforcement Officer William Czuprynski, Asst. Code Enforcement Officer Robert Pinnavaia, and Fire Inspector John Gullo to attend the Finger Lakes Building Officials Educational Conference at the RIT Inn and Conference Center, Rochester, New York, March 18 – 22, 2007 at a total cost not to exceed $2300.
18. Recreation Director re Bid date for arts & crafts supplies
Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of March 20, 2007 at 10:00 A.M. for receipt of bids on the purchase of arts & crafts supplies necessary to conduct the 2007 town recreation program.
19. Recreation Director re Termination of H. Peacock & appointment of L. Green as Rec. Attendant
Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Helen Peacock effective December 31, 2006 after 36 years of service and appoint Lynn Green, as part-time Recreation Attendant effective February 27, 2007 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Supervisor Clark thanked Helen Peacock for her faithful service to the town for 36 years.
20. Recreation Director re Termination of S. McCabe & appointment of L. Wilhelm as Rec. Attendant
Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate Shannon McCabe, effective December 31, 2006 and appoint Lisa Wilhelm, as part-time Recreation Attendant effective February 27, 2007 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
21. Recreation Director re Status change for Carol Wolf to part-time seasonal
Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of Carol Wolf, from part-time to part-time seasonal, effective January 22 – February 28, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
22. Youth Director re Termination of Carol Beyer
Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Carol Beyer, effective February 20, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
23. Youth Director re Lease of vehicle
Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a three-year lease with Bison Truck for a 2007 Ford Freestar minivan for use with the AmeriCorps program serving in Mississippi at a cost of three payments at $8478.36 and one final payment at $1.00, noting that funds are available through the MS-NY Renaissance grant #80.
ISSUES OF THE PUBLIC
STATUS OF ELECTRICAL INSPECTION ORDINANCE AMENDMENT
Frank Boncore, 250 Heather Hill Drive, questioned the status of the amendment to the Electrical Inspection Ordinance.
Code Enforcement Officer William Czuprynski responded that a couple weeks ago he had requested additional information from Commonwealth concerning insurance and state courses. Once this information was provided they would be able to perform electrical inspections in town.
Mr. Boncore thought that Commonwealth had submitted everything that was required, but he would have them stop by the Building Department to clarify this.
Patrick Cullinan, 38 Wilkshire, Lancaster, stated that he works for Commonwealth and he thanked the Town Board for giving them an opportunity to work in West Seneca. He questioned exactly what Mr. Czuprynski was looking for.
Supervisor Clark asked that Mr. Czuprynski talk to Mr. Cullinan after the meeting.
STATUS OF PROPOSAL FOR NEW POLICE STATION
Frank Boncore, 250 Heather Hill Drive, questioned the status of the proposal for a new police station.
Supervisor Clark responded that there was a fund drive ongoing and they were in the process of evaluating in what capacity they could move forward.
SITE DISTANCE PROBLEM ON RIDGE ROAD NEAR NYS THRUWAY
Frank Boncore, 250 Heather Hill Drive, referred to the NYS Thruway exit on Ridge Road and commented that it was difficult to see traffic coming over the bridge. He questioned if anything could be done to resolve that situation.
Supervisor Clark responded that this was a state road and any changes would have to be done by the New York State Department of Transportation. He asked that Town Engineer George Montz review this area to see if there was a sight problem at that location.
PROPOSED WAL-MART ON MINERAL SPRINGS ROAD
Bob Rappold, 231 Emporium Avenue, referred to the proposed Wal-Mart on Mineral Springs Road and stated concerns about traffic congestion on this two-lane road. The site also acted as a flood plane for the creek when the ice jammed, so flooding was another concern. Mr. Rappold stated that Mineral Springs Road between the NYS Thruway and the dog shelter was constantly shut down during heavy rains because it was under water. He asked that the board members seriously consider these concerns.
Town Attorney Timothy Greenan stated that the Town Board had expressed these same concerns and had hired Wendel Duchscherer to coordinate the review process and ensure that all environmental impacts of the project were considered. The project was properly zoned and would not come before the Town Board or Planning Board for approval, but it was subject to SEQR and would need to show that it would not have any negative impact on the environment. Wendel Duchscherer would be working with the Engineering Department, Building Department, and Zoning Board of Appeals to ensure that there was no negative impact to traffic in the area or the flood plane.
Councilman Osmanski assured Mr. Rappold that the proposed project would be reviewed extensively and to the greatest degree possible.
ISSUES OF THE PUBLIC
PROPOSED WAL-MART ON MINERAL SPRINGS ROAD (continued)
Tom Jurkowski, 89 Columbia Pkwy., presented a map indicating the other Wal-Mart stores in the area and noted that the Wal-Mart at Thruway Plaza was only about five minutes from the proposed location. He thought that the Thruway Plaza location would close when the proposed super center opened and also thought that the proposed location would hurt Tops, Save-A-Lot, Aldi’s, and Eckerd stores in the area. Mr. Jurkowski was concerned about the loss of jobs if the Wal-Mart super center were to locate on Mineral Springs Road.
Supervisor Clark responded that he understood and appreciated Mr. Jurkowski’s concerns and assured him that the town was doing everything they could with regard to this issue.
Johanna Guenther, 140 Neubauer Court, commented on the empty stores in town and vacant Seneca Mall site and thought the board members should be working on those areas. She suggested that the board members bring proposals to Pyramid for development of the Seneca Mall site. With the shrinking population Mrs. Guenther could not understand why anyone would consider bringing a Wal-Mart to West Seneca.
Councilman Hicks responded that there had been numerous attempts to do something with the Seneca Mall site, and they had made some strides with the clean up of the mountain of dirt and stone, but they could not force Pyramid to develop their property. There had been numerous proposals made to Pyramid, including an ice rink, but they were not interested. Years ago Wal-Mart wanted to locate at the Seneca Mall site, but Tops Market had an exclusive on groceries at that location. Councilman Hicks did not believe that Pyramid wanted to develop the Seneca Mall site, so that their Walden Galleria site would continue to prosper.
Councilman Graber agreed with Mrs. Guenther about the empty storefronts in town and did not believe there should be any tax abatements on new buildings.
Councilman Bove stated that she had announced at the last Town Board meeting that she would be looking at the Seneca Mall site and other eyesores in town and working with the Code Enforcement department, Assessor’s Office, Town Attorney’s Office, and Consultant Drew Reilly. Mr. Reilly would be getting together for Councilman Bove samples of ordinances from other communities to try to make commercial landowners accountable for the appearance of their property when it is vacated. She thought there should be something they could do and did not intend to stop trying until there was something in the ordinance that would force them to be good neighbors.
Don Grasso, 64 Lexington Green, referred to the Comprehensive Plan that was recently adopted and suggested that the Town Board act on it. The Plan had numerous recommendations on what should be done in the town and he thought it could be used to solve the problem with Pyramid.
Supervisor Clark responded that the Town Board had engaged Drew Reilly to continue developing an action plan to adopt and enact certain action plans called for in the Master Plan. The Plan was just adopted in November 2006 and there should be some proposed revisions to the ordinances within the next month. Supervisor Clark was satisfied that they were acting and proceeding in a reasonable time frame.
Amy Carpenter, 406 Woodward Crescent, noted that a few years ago when there was talk about Wal-Mart coming to West Seneca the residents were told that they would have 16,000 cars each day. She could not imagine how Minerals Springs Road could handle that volume.
ISSUES OF THE PUBLIC
CAT NUISANCE PROBLEM
Charles Lickfeld, 244 Dwyer Street, commented on an ongoing cat nuisance problem in his neighborhood. One of his neighbors had 13 cats in her garage that she was feeding but not caring for and they used all the neighbors’ flower beds for litter boxes. Mr. Lickfeld stated that he sent Supervisor Clark a letter regarding this and talked to the Dog Warden and SPCA but was told there was nothing they could do.
Town Attorney Timothy Greenan advised that New York State law sets out what the town can regulate, but he did not believe there was any provision for regulating cats.
Supervisor Clark questioned if there could be a civil cause of action for someone housing, feeding and abetting nuisances.
Councilman Osmanski stated that he had worked with Code Enforcement Officer William Czuprynski concerning a cat problem within a house, and the SPCA went in and tried to talk to the resident. The Department of Health could also step in depending upon the condition inside the house. Unfortunately, Mr. Lickfeld’s situation was outside the house. Councilman Osmanski suggested that this situation might be similar to one in Cheektowaga with the feeding of wild geese.
Mr. Greenan stated that he would consult with Animal Control Officers O’Neil and Kerner and Mr. Czuprynski to see if they could come up with a solution.
PROPOSED SUBDIVISION ON FISHER ROAD
John Nasal, 635 Fisher Road, commented on the clearing of the land for a proposed subdivision on Fisher Road and the impact the development would have on that neighborhood. He questioned the status of this project.
Town Attorney Timothy Greenan stated that Marrano had received preliminary approval for this project from the Planning Board. They still needed final approval, but there were some issues that had to be addressed prior to that. They were pushing to remove the trees now while the ground was frozen rather than in the spring, but the town advised them that they had to wait for final approval. Marrano agreed to wait on removing any further trees.
Mr. Nasal expressed concern about the proposed retention ponds for the project, crossing the high pressure gas line that runs through the property, and constructing a road from Orchard Park Road to Lackawanna.
Mr. Greenan explained the subdivision process to Mr. Nasal and noted that the Town Board had no jurisdiction with regard to a subdivision. Subdivisions were addressed by the Planning Board, and as long as the project met the requirements of the code the developer was entitled to subdivide the land.
Councilman Bove noted that she had reviewed the minutes from the Planning Board meeting that addressed this subdivision and they were as concerned about it as Mr. Nasal was. The Planning Board had not granted final approval yet and would be looking at the subdivision very carefully.
ISSUES OF THE PUBLIC
CLEAN UP OF CAZENOVIA CREEK
Diane Siminski, Parkside Drive, questioned if Cazenovia Creek had been cleaned of branches and debris after the October storm.
Councilman Graber responded that the ice control structure looked like a beaver dam after the October storm, but the Army Corps of Engineers hired contractors that came in and cleared it out. A large uprooted tree was also wedged in the Mill Road bridge and the Highway Department took care of that.
RESIDENT QUESTIONS LEASE OF VEHICLE
Paula Minklei, Orchard Park Road, questioned Item #23 on the Town Board agenda and whether the town was paying for the vehicle.
Supervisor Clark responded that the cost of the vehicle would be 100 percent reimbursed by a federal grant, but the Town Board was required to approve the lease agreement.
SOCCER PARK FIGURES FOR YEAR END 2006
Amy Carpenter, 406 Woodward Crescent, questioned the final year end figures for 2006 for the soccer park including how much money was taken in and what it cost to run the park.
Comptroller Charles Koller stated that they were still working on gathering the information. He did not know the auditor’s schedule, but it should be within the next couple of months.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
GASLIGHT CONVERSION PROJECT
Councilman Hicks referred to the gaslight conversion project and stated that half of the lights on Fawn Trail were lit, but about 20 poles were not lit. He had received e-mails where Simoncelli was blaming NYSEG and NYSEG was blaming Simoncelli, and he questioned what the problem really was.
Town Engineer George Montz stated that he did not have a definite answer but NYSEG and Simoncelli had been blaming each other for the last 18 months. Mr. Montz had asked Dave Solly to contact NYSEG and find out when the rest of the lights would be energized and if there were definite concrete problems. He was awaiting a report back from Mr. Solly.
Councilman Hicks stated that he had called Charles Walters, a West Seneca resident who was higher up at NYSEG, to discuss this problem, but had not yet received a call back. Councilman Hicks asked that Mr. Montz send NYSEG another letter.
Mr. Montz stated that he could send another letter to NYSEG, but even communicating with the Public Service Commission had not helped. His office had been trying to contact NYSEG to find out the definite problems so they could be addressed with Simoncelli.
SIGNING PRIVILEGES FOR AMERICORPS
Motion by Councilman Hicks, seconded by Councilman Osmanski, to grant signing privileges to Joshua Randle for AmeriCorps payroll and vouchers in the absence of Executive Director of the Youth Bureau Mark Lazzara.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
MILITARY LEAVE OF ABSENCE FOR JOSEPH STEEN
Motion by Councilman Hicks, seconded by Councilman Osmanski, to grant a military leave of absence to Joseph Stein effective March 2 – 4, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PURCHASES REQUIRING TOWN BOARD APPROVAL
Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of the following vouchers for the Highway Department:
Brute Spring (truck repairs) $2367.70
HYDRANT ADDITION ON MILL ROAD
Motion by Councilman Graber, seconded by Councilman Hicks, to approve an additional annual hydrant fee of $229.08 to Erie County Water Authority for addition of one hydrant and valve assembly on Mill Road in West Seneca Fire District No. 6.
IN MEMORY OF BRUCE WHITE
Councilman Osmanski commented on the passing of Bruce White, a regular attendee of Town Board meetings that would sometimes speak under Issues of the Public about things that concerned him. He referred to Mr. White’s obituary and long list of great accomplishments throughout his lifetime and noted that Bruce White was a fine gentleman and an asset to the Town of West Seneca who would be greatly missed.
DESIGNATED PARKING AT COUNTY LEGISLATOR LOCKLEAR’S OFFICE
Town Attorney Timothy Greenan stated that the lease agreement with the County of Erie for County Legislator Cynthia Locklear’s office space in the Christian Metz house did not have any provision for parking. Legislator Locklear was requesting that four parking spaces be designated for use by her office so constituents would have a place to park.
Motion by Councilman Bove, seconded by Supervisor Clark, to designate four parking spaces at the Christian Metz house for use by County Legislator Locklear’s office and mark the spaces with the appropriate signage.
SALE OF 441 INDIAN CHURCH ROAD
Town Attorney Timothy Greenan stated that Suburban Adult Services owns the building located on town land at 441 Indian Church Road and a year ago they had requested that the town sell them the land. Mr. Greenan advised that the land would have to be sold for at least fair market value. The land was surveyed at about .7 acres and Suburban Adult Services agreed to purchase it at a cost of $30,000.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SALE OF 441 INDIAN CHURCH ROAD (continued)
Town Engineer George Montz thought that there might be some utility easements that should be looked at before the land is sold.
Mr. Greenan stated that all the easements were plotted on the survey and the sale would be subject to the easements and existing right-of-ways remaining in place.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to enter into a contract to sell the property located at 441 Indian Church Road to Suburban Adult Services at a cost of $30,000 subject to approval of Town Engineer George Montz with regard to the existing easements and final approval of the Town Attorney’s Office.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:35 P.M.
PATRICIA C. DEPASQUALE, RMC/CMC