West Seneca Town Board Meeting Minutes 11/19/2007


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2007-13
West Seneca, NY 14224 November 19, 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 -

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 Ann J. Hochul, Lois A. Smith, Edgar C. “Mickey” NeMoyer, Michael V. Walters, Sgt. Daniel J. Shaw, Andrew Burt, and Paul E. Jensen.

13-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2007-12 of October 15, 2007.

    Ayes: All Noes: None Motion Carried

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the Special Meeting of October 23, 2007.

    Ayes: All Noes: None Motion Carried

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the November 5, 2007 bid opening for one (1) unmarked police vehicle.

    Ayes: All Noes: None Motion Carried

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the 2008 Special Districts & Preliminary Budget meeting of November 7, 2007.

    Ayes: All Noes: None Motion Carried

    13-B   LEGAL NOTICES

    1.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AMENDMENTS TO THE ORDINANCE OF THE TOWN OF WEST SENECA REGULATING VEHICLES AND TRAFFIC AS FOLLOWS: ADDITION TO §115-5A STOP INTERSECTIONS: ON TAYLOR DRIVE CONTROLLING TRAFFIC ON TAYLOR DRIVE SOUTHBOUND ONTO CONNER DRIVE; ON LOUISE DRIVE CONTROLLING TRAFFIC NORTHBOUND ONTO CAMELOT DRIVE; ON LOUISE DRIVE CONTROLLING TRAFFIC SOUTHBOUND ONTO CONNER DRIVE; ADDITION TO §115-9A PARKING PROHIBITED IN DESIGNATED LOCATIONS: (162) ON NORTH AMERICA DRIVE IN FRONT OF 20 NORTH AMERICA DRIVE” in the Town of West Seneca, be received and filed.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.

    Ayes: All Noes: None Motion Carried

    Town Attorney Timothy Greenan noted that the proposed amendments were recommended by the Traffic Committee.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-13
    West Seneca, NY 14224 November 19, 2007
    Page two . . .

    13-B   LEGAL NOTICES

    1.    (continued)

    No comments were received from the public.

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the following amendments to the ordinance of the Town of West Seneca regulating vehicles and traffic: addition to §115-5A Stop Intersections: one Taylor Drive controlling traffic on Taylor Drive southbound onto Conner Drive; on Louise Drive controlling traffic northbound onto Camelot Drive; on Louise Drive controlling traffic southbound onto Conner Drive; addition to §115-9A Parking Prohibited in Designated Locations: (162) on North America Drive in front of 20 North America Drive,” in the Town of West Seneca.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    13-C   COMMUNICATIONS

    1.   Supervisor Clark re Aviation Consultants of WNY grant application

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to sign the attached resolution allowing Aviation Consultants of WNY, Inc. to apply for a grant from the NYS Department of Transportation, noting that this in no way binds the Town of West Seneca to any approvals, permits and/or licenses that may be required by the applicant for future projects or work related to Buffalo Airfield.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2.   Town Engineer re Leydecker Road Watermain Loop project, final change order & acceptance

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve final change order #1 for Fairway Contracting, P.O. Box 352, Orchard Park, NY 14127, for a net deduct of $3700.55 and accept the Leydecker Road Watermain Loop Project, Job No. L-0607, at a final contract amount of $69,055.60.

    Ayes: All Noes: None Motion Carried

    3.   Town Engineer re NYSEG proposal for Birchwood Avenue

    Motion by Councilman Osmanski, seconded by Councilman Bove, to approve the NYSEG street lighting proposal for a net annual increase of $1047.36 to the General Lighting District for installing three (3) standard wood poles, 3 – 150 watt hps cobra head lights and 2 – 150 watt hps turnpike liters along Birchwood Avenue from Rt. 400 to Meyer Road.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 November 19, 2007
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    13-C   COMMUNICATIONS

    4.   Town Engineer re Purchases requiring Town Board approval

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

      Waste Stream Technology, Inc. (discharge monitoring reports)          $1758.00
      K & S Contractors Supply Inc. (hydrant replacement)          $3398.60
      Peerless (hydraulic tool)       $6603.00
      K & S Contractors Supply Inc. (hydrant replacement & valve repair)          $3080.28
      M/R Simoncelli Electric Inc. (concrete work on Pamela Drive & Fawn Trail)          $1822.00
      Nichols, Long & Moore Construction (sanitary sewer restoration work)          $17,886.89
      K & S Contractors Supply Inc. (sewer repair parts)          $2834.52
      United Survey, Inc. (sanitary sewer repair on Sunnyside Drive)          $6765.00
      United Survey, Inc. (sanitary sewer repair on Elwood Drive)          $7600.00
      United Survey, Inc. (sanitary sewer repair on Mineral Springs Road)       $3500.00
      Vellano Bros., Inc. (inflow protectors)          $2016.00

    Ayes: All Noes: None Motion Carried

    5.   Highway Supt. re Bid date for removal of wood chip mulch

    Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of December 10, 2007 at 10 A.M. for the sale and removal of once ground wood chip mulch located at the town’s compost site at 500 Mineral Springs Road.

    Ayes: All Noes: None Motion Carried

    6.   Highway Supt. re Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer request of $2500 from Shelter & Trees Acct. #01.7110.0463 to Repairs & Maintenance Acct. #01.7420.0445.

    Ayes: All Noes: None Motion Carried

    7.   Highway Supt. re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $1768.22 to Great Plate Glass for a pass through transaction window and drawer in the Justice Court.

    Ayes: All Noes: None Motion Carried

    8.   Highway Supt. re Military leave of absence for Joseph Steen

    Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a military leave of absence for Joseph Steen effective October 19 – 21, 2007 and November 2 – 4, 2007 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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    West Seneca, NY 14224 November 19, 2007
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    13-C   COMMUNICATIONS

    9.   Highway Supt. re Title change for John Pangallo & Stanley Pajak to Highway Laborer

    Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate John Pangallo as Sanitation MEO and Stanley Pajak as Sanitation Laborer and appoint them as Highway Laborers, Group 1, Step 1, at a rate of $20.62 per hour effective November 19, 2007 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 Appointment of Adam Johnson & Mitchell Smith as part-time laborers

    Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Adam Johnson and Mitchell Smith as part-time laborers in the Buildings & Grounds Department at a rate of $7.15 per hour effective November 19, 2007 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 Seasonal status for Tom Oleski & Thomas Ignatowski

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to correct the effective date for part-time seasonal status for part-time laborer Tom Oleski to September 24, 2007 through February 24, 2008 and change the status of part-time laborer Thomas Ignatowski to part-time seasonal effective November 19, 2007 through April 19, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    12.   Chief Gehen re Member item request for youth court program

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to support a member item request from Senator William T. Stachowski for financial assistance in the amount of $10,000 for the youth court program.

    Ayes: All Noes: None Motion Carried

    13.   Chief Gehen re Buckle Up New York grant

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the Buckle Up New (BUNY) grant with the Governor Traffic Safety Council (GTSC) during the period of October 1, 2007 through September 30, 2008, noting that the Town of West Seneca has been awarded $13,000 to enforce safety restraint violations throughout the town at specified time frames during the grant period.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-13
    West Seneca, NY 14224 November 19, 2007
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    13-C   COMMUNICATIONS

    14.   Chief Gehen re Bid award for one unmarked police vehicle

    Motion by Councilman Osmanski, seconded by Councilman Bove, to award the bid for purchase of one (1) new 2008 Chevrolet Impala to be used as an unmarked police vehicle to Emerling Chevrolet, 9000 Boston State Road, Boston, NY 14025 at their low bid price of $14,696.

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

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

    15.   Chief Gehen re Purchase of digital recorder

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of one (1) 97178 1-watt synthesized trans/digital recorder from LEA-AID Intelligence Equipment, 100 Hunter Place, Youngsville, NC 27596, at a cost of $2915.

    Ayes: All Noes: None Motion Carried

    16.   Chief Gehen re Purchase of three dispatch chairs

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of three (3) dispatch chairs from Concept Seating Endura, LLC, W227 N752 Westmound Drive, Waukesha, WI 53186, at a total cost of $3361.

    Ayes: All Noes: None Motion Carried

    17.   Chief Gehen re Attendance of officers at training seminar

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Captain Larry Fallon and Lieutenants Dick Cotter, Patrick Shea, Dave Szmania and John McNamara to attend the Effective Communication, Leadership and Influence and Decision Making/Problem Solving seminar(s) to be held December 10 – 14, 2007 at the Genesee County Office of Emergency Services in Batavia, New York, noting that there is no cost for this training.

    Ayes: All Noes: None Motion Carried

    18.   Chief Gehen re Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a budgetary transfer request of $1500 from Police Supplies Acct. #01.3120.0400 to Other Expenses Acct. #01.3120.0419.

    Ayes: All Noes: None Motion Carried


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    1250 Union Road Minutes #2007-13
    West Seneca, NY 14224 November 19, 2007
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    13-C   COMMUNICATIONS

    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 for the designated time frames: Richard Galli and Jeffrey Locher – November 1 – 30, 2007; Edward Jarka – December 1 – 31, 2007; and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    20.   Acting Assessor re Creation of Real Property Appraisal Technician position

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to create the position of Real Property Appraisal Technician effective October 15, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    21.   Tax Receiver re Status change for part-time seasonal clerks to part-time

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of the following part-time seasonal clerks to part-time effective October 31, 2007:

    Patricia Farr    Margaret Welker
    Marcia Turner Christine Salisbury
    Margaret Pomana

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

    Ayes: All Noes: None Motion Carried

    22.   Tax Receiver re Rate increase for Marcia Turner & Margaret Pomana

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a Step 2 rate increase from $7.15 to $7.40 per hour for part-time clerks Marcia Turner, effective June 25, 2007 and Margaret Pomana, effective March 5, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    23.   Tax Receiver re Termination of Chris Salisbury

    Received and filed.

    24.   Recreation Director re Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the following budgetary transfer request:

        From:

        Acct.    #01.7180.0149     Lifeguard/Instructors PT        $1601


        To:

        Acct.    #01.7140.0230     Purchases - Equipment        $341

        Acct.    #01.7140.0420     Telephone        $600

        Acct.   #01.7140.0453     Photo ID Project         $200

        Acct.   #01.7140.0443     Equip. Maint. & Repair        $460

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-13
    West Seneca, NY 14224 November 19, 2007
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    13-C   COMMUNICATIONS

    25.   Recreation Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $7678 to West Seneca Youth Baseball for 2007 umpire fees.

    Ayes: All Noes: None Motion Carried

    26.   Senior Citizens Supervisor re Purchase of kiln

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the purchase of a new kiln with furniture kit from Rochester Ceramics Inc. at a total cost of $2095.

    Ayes: All Noes: None Motion Carried

    27.   Youth Director re Resignation of Sheila O’Brien

    Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Sheila O’Brien and terminate her effective November 19, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    13-D   REPORTS

  • Patricia C. DePasquale, Town Clerk’s report for October 2007 received and filed.

  • William P. Czuprynski, Code Enforcement Officer’s report for October 2007 and Plumbing Inspector’s report for September & October 2007 received and filed.

  • Ruth E. Breidenstein, Receiver of Taxes’ report for September & October 2007 received and filed.

    ISSUES OF THE PUBLIC

    RESIDENT QUESTIONS OVERTIME ACTIVITY

    Michael Lowe, Southgate Drive, stated that he was reviewing some payroll records released by the town through a FOIL request and he found that in 2006 the Dog Control Officer received a lot of overtime, in particular, the two pay periods immediately following the October storm. The records indicated that for the weeks of October 8 – 21, 2006 the Dog Control Officer worked 24 regular hours and eight hours of other, yet received approximately 135.3 hours of overtime, totaling $4346. The following two-week time frame he worked 40 hours and recorded 102.1 hours of overtime, totaling $3281.23. Mr. Lowe stated that he tried to determine how this was calculated and had also checked the Blue Collar contract with regard to overtime, but the dollar amount did not make sense when compared with the hours.

    Councilman Graber stated that after the October storm the Dog Control Officer and Asst. Dog Control Officer were taken out of their normal job activities to help with the State of Emergency in town, and their overtime was reimbursed by FEMA.

    Mr. Lowe stated that he also noticed a lot of overtime where there was not a complete work week. For example, the first week of 2006 there was 64 hours of straight time and 12.2 hours of overtime. He questioned if Other Gross in the payroll report represented sick time, personal time, vacation time, etc.

    Comptroller Charles Koller suggested that Mr. Lowe contact his office and schedule an appointment and he would review with him the payroll report he was questioning.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-13
    West Seneca, NY 14224 November 19, 2007
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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    TERMINATION OF PART TIME LABORERS IN BLDGS. & GROUNDS

    Motion by Councilman Hicks, seconded by Councilman Osmanski, to terminate James Galvin, Mark Guzzo, and Erik Staychock as part-time laborers in the Buildings & Grounds Department effective November 16, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    PURCHASE OF YES T-SHIRTS

    Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $2400 to New Creation Signs, 68 School Street, West Seneca, for 560 YES t-shirts.

    Ayes: All Noes: None Motion Carried

    TOWER LEASE AGREEMENT WITH VERIZON WIRELESS

    Motion by Councilman Graber, seconded by Councilman Hicks, that the Town of West Seneca enter into a tower lease agreement with Verizon Wireless for the purpose of the town providing space on its telecommunications tower in return for an annual fee of $18,000 per year with annual increases of 3 percent, noting that the term of this agreement is for an initial five years with an additional four 5-year extensions.

    On the question, Councilman Graber stated that when the town built the telecommunications tower for the Police Department, it was decided to build it a little stronger for an extra $75,000 so that up to three cellular service companies could locate on the tower and provide additional revenue for the town. The contract with Verizon Wireless will generate $450,000 in revenue for the town without even taking into account the 3 percent annual increases.

    Ayes: All Noes: None Motion Carried

    PAYMENT FOR SIGNAL REPAIR

    Motion by Councilman Graber, seconded by Councilman Hicks, to authorize payment of $8472 to JJ Emergency Electric for repair of signal on Slade Avenue at entrance to Shops at West Seneca.

    Ayes: All Noes: None Motion Carried

    TERMINATION OF D. WASIURA AND R. LEISING AS PART-TIME DISPATCHERS

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of David Wasiura and Roger Leising and terminate them as part-time Public Safety Dispatchers effective November 15, 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 #2007-13
    West Seneca, NY 14224 November 19, 2007
    Page nine . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    APPOINTMENT OF FULL-TIME SANITATION LABORERS

    Motion by Councilman Graber to terminate James Alba, Kevin Farrell, and Kevin Zimmerman, as part-time laborers and appoint them as full-time laborers in the Sanitation Department effective November 19, 2007 at a rate of $15.69 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    UPDATE ON FLOOD INSURANCE ISSUE

    Councilman Bove stated that a meeting was held November 1st at the Cheektowaga Central School concerning the flood insurance issue. Representatives from FEMA and the New York State Department of Environmental Conservation (NYSDEC) who had worked on the new flood maps for the South Buffalo area were present at the meeting, and it was noted that in a few months the new flood map for West Seneca would be completed. Councilman Bove initially understood that the new map would be based on free flow of water, which would negate the help of the ice retention structure. However, on November 2nd she was invited to tour the Buffalo abatement measures and the West Seneca facility along with Town Engineer George Montz and Highway Supt. Patrick Finnegan, FEMA and NYSDEC representatives, Buffalo Councilmen, and a representative from Senator Schumer’s office. Mary Colvin, the lead person for FEMA, said that they would work through the design of the new map and she would speak about the ice retention facility. Councilman Bove hoped that this would be used in the decision to redo the maps to benefit the residents affected in West Seneca. She would continue to give updates on this issue as she receives further information.

    INSTALLATION OF FIOS IN POLICE DEPARTMENT AND BURCHFIELD CENTER

    Councilman Bove stated that she and Councilman Graber had checked pricing and found that it would be a savings for the town to install FIOS through Verizon in the Police Department and at the Youth Bureau.

    Motion by Councilman Bove, seconded by Councilman Graber, to authorize the installation of FIOS in the West Seneca Police Department and at the Burchfield Center.

    On the question, Councilman Graber stated that the Burchfield Center was serviced by Time Warner so there was little or no savings; however, the Police Department had Level 3 and the savings would be about $2000 annually. The technological capabilities would also be dramatically increased. Councilman Graber thanked Councilman Bove for continuing to look for ways to reduce costs.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Graber, to adjourn the meeting at 8:15 P.M.

    Ayes: All Noes: None Motion Carried



    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK