Town Board Minutes

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

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

Timothy M. Wroblewski            Councilman

                                                            Craig J. Hicks                         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 Donald L. Schmitt, Dorothy Warner, Robert P. Dietrich, Adrian Emery, and Loraine McCarthy.

 

 

·          Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2001-2 of January 22, 2001.

            Ayes: All                                             Noes: None                                         Motion Carried

 

·          Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the February 2, 2001 bid opening for five (5) 2001 four-door police vehicles.

            Ayes: All                                             Noes: None                                         Motion Carried

 

·          Motion by Supervisor Clark, seconded by Councilman Hicks, to correct the vote on Legal Item #4 from the January 8, 2001 Town Board meeting, Minutes #2001-1, Page eleven as follows: Councilman Graber voting yes; Councilman Hicks voting no.

            Ayes: All                                             Noes: None                                         Motion Carried

 

 

   1.      Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1976 RIDGE ROAD, BEING PART OF LOT NO. 296, CHANGING ITS CLASSIFICATION FROM M-1(S) TO M-1(S), FOR AUTOMOTIVE REPAIR AND CAR SALES” in the Town of West Seneca, received and filed.                      (Majed Ishtiyyeh)

 

   2.      Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 195 FISHER ROAD, BEING PART OF LOT NO. 359, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR A BILLBOARD” in the Town of West Seneca, received and filed.                                                                         (Dennis Ryan)

 

   3.      Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 745 INDIAN CHURCH ROAD, BEING PART OF LOT NO. 67, CHANGING ITS CLASSIFICATION FROM R-50 TO R-50(S), FOR A 50-UNIT SENIOR CITIZEN APARTMENT BUILDING” in the Town of West Seneca, received and filed.                                                                                                                          (Belmont Shelter Corp.)

 

4.         Proofs of publication and posting of legal notice: “OF THE ADOPTED AMENDMENT TO THE TRAFFIC ORDINANCE OF THE TOWN OF WEST SENECA AS FOLLOWS – CHAPTER 38 TRAFFIC VIOLATIONS BUREAU” in the Town of West Seneca, received and filed.

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING

 

            Ed Penders, 63 Parkside Drive, stated that he had written a letter to Supervisor Clark on February 5, 2001 when the weather forecast indicated rain and a temperature of 46 degrees, but he received no response. The purpose of the letter was to encourage the town to use a crane to break up the ice in Cazenovia Creek to allow the ice and water to flow behind the Southgate Plaza. A crane was used in the 1970’s and 1980’s for this purpose and it worked successfully and minimized flooding. Mr. Penders further stated that his wife had contacted Councilman Osmanski and was informed that the crane was working on the Orchard Park Road side of the creek, but he questioned if the crane was ever used.

 

            Councilman Osmanski stated that Councilman Hicks had called him at approximately 3:30 P.M. last Friday and was told that they were attempting to mobilize the crane and break up the ice jam from the Orchard Park Road side. Highway Supt. Pat Finnegan informed him afterward that by the time they looked at the situation and were able to do something, the ice jam had broken up on its own. They did not believe they could get the crane back to the point where the ice jam was.

 

            Mr. Penders thought that based on past experience with using the crane, it should have been used prior to the onset of the flood on Friday. He questioned what caused the flood, why Parkside Drive got so much water, and at what point the creek overflowed.

 

            Town Engineer George Montz stated that the water overtopped the bank of the creek between the end of Parkside Drive and the end of the berm. The water then flowed through the rear yard drainage system.

 

            Mr. Penders questioned if the land along the bank of Cazenovia Creek was lowered to accommodate the soccer field. He further questioned if there was any plan in place for next year to protect the residents and avoid another flood.

 

            Mr. Montz responded that the land was not lowered to accommodate the soccer field.

 

            Supervisor Clark stated that they had reactivated a previous plan, petitioned the Army Corps of Engineers, and asked Congressman Quinn for funding for an ice retention facility to eliminate the flooding problem. The town committed $600,000 in bond funding, arranged for a match from the NYS Department of Environmental Conservation, and Congressman Quinn came through with the funding for a five million dollar ice retention facility that was designed and tested in Vermont. The plans and bid documents were prepared, but the project was still two years away. Supervisor Clark stated that many of the residents felt that the soccer complex exacerbated or caused the flooding incident, and the town discussed this with the engineers and consultants, but the creek did not jam near Gossel Island as it typically did. The neighbors all wanted the berm installed to screen the soccer field from their homes, and the town accommodated their request. If the jam had occurred near Gossel Island, the berm would have kept the water away from the homes on Parkside Drive.

 

            Mr. Penders stated that the berm was originally designed to be a pyramid effect that would have a gradual ascent and descent. This did not occur and the berm was actually a wall. Mr. Penders stated that he had talked to the town about this when the berm was being constructed. He questioned if the Town Board was satisfied to maintain the berm as is and continue hoping that the ice retention structure would be built.

 

            Councilman Osmanski stated that the ice retention structure would be built, but there was a lot of red tape involved due to the federal and state funding. Right now the biggest problem was the real estate rights that were necessary in order to install the structure. In the model that was done, water would be backed up almost 1½ miles, so all of the property owners along the creek would have to be approached. The time frame for this was 1½ years and many would not want to give up their property, which would force eminent domain proceedings.

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Mr. Penders suggested that in the meantime, a shut off valve be installed on the storm drain tile that goes to the creek in the back of the houses on Parkside Drive. Then if there was high water they could turn off the valve so it would not backflow into their back yards. Mr. Penders further suggested that the bank along Cazenovia Creek be raised so that it would be the same height to the end of the soccer field.

 

            Supervisor Clark advised that there was a shut off valve on the storm drain and Disaster Coordinator Mike Kerl had shut it off at 10:00 P.M. on Thursday. He could not see raising the bank along the soccer field when they wanted the water to flow into the soccer field rather than in the subdivision.

 

            Mr. Montz stated that the bank was not a constant elevation and there were locations where the water could overflow into the soccer complex.

 

            Mr. Penders commented on how much the Parkside Drive residents had lost in the flood and did not believe they should wait for the Army Corps of Engineers to build the ice retention structure. He felt this was poor business and bad protection for the residents.

 

            Joe Roncone, 74 Parkside Drive, thought that if the berm were extended to the creek, the water would flow into the soccer complex and not their back yards. He did not believe the ice retention structure would stop the water and suggested that the ice be broken up before the flooding occurs. Mr. Roncone stated that there was eight weeks of decent weather and something should have been done during that time.

 

            Mr. Finnegan stated that his men had been waiting for 200 to 300 feet of open water before the jam so they could start breaking the ice. As of Thursday, there was sheet ice from Orchard Park Road to the jam and ten miles of sheet ice from Orchard Park Road into the City of Buffalo. They had to have open water to get the creek to move or it would not do any good to break up the ice. Mr. Finnegan had been in contact with the City of Buffalo and the fireboat was in the water breaking up the ice in the river, but they were not putting their tanks in.

 

            Councilman Osmanski stated that the ice retention structure would hold back any large chunks of ice and allow the water to bypass it on the side and below it. The water would continue to flow down the creek while the ice remained behind until it was broken up into small enough pieces that it would flow with the creek.

 

            Mr. Roncone commented on the damage to the residents’ homes, the health hazard due to the black mold that would develop, and the urgency to have this situation corrected.

 

            Sue Siminski, 44 Parkside Drive, was happy to see that the ice retention structure would be constructed in the future, but was also concerned about what would be done now to resolve the problem. She questioned if the engineers had thought about the possibility of the ice jam occurring upstream rather than beyond the berm and what the plan was if this happened. Ms. Siminski noted that although many said that this area was a flood zone, ten years ago it was declared that it was no longer a flood zone. She questioned where AmeriCorps and other town employees were with the sandbags to help the residents prior to Friday night when the flood had already taken over the neighborhood. The residents spent hundreds of dollars on sandbags and a lot of time removing personal belongings that could not be replaced. Ms. Siminski suggested that the town be proactive and develop a plan to address this situation now. She commented that the creek water had never gone as far as Southgate Drive and blamed the berm for blocking the water from flowing into the soccer field.

 

            Councilman Osmanski stated that the berm was originally put in only for aesthetics for the soccer complex. Its secondary purpose was that if an ice jam occurred downstream, the berm would be helpful to the Parkside Drive residents in stopping the water. The berm could not do anything for an ice jam that occurred upstream. Where the water went over the banks of the creek, the berm would not help or hinder the overflow.

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Ms. Siminski questioned if the board had talked about the potential disaster the berm would create if the ice broke upstream when they were discussing its design.

 

            Councilman Osmanski responded that they had talked about this, but the berm does not hold the water. Eliminating the berm would only let more water into Parkside Drive because the water in the soccer complex would be leveled.

 

            Ms. Siminski stated that on Friday night there was more than four feet of water on Parkside Drive and only six inches on the soccer fields.

 

            Supervisor Clark stated that later in the evening on Friday there was significantly more water on the soccer field.

 

            Ms. Siminski responded that the water was being pumped into the soccer field from Parkside Drive.

 

            Mr. Montz stated that they were pumping into the soccer field because they had to look for additional points since all the storm chambers were full with discharge lines at the end of the streets. The Highway Department brought some additional pumps and this was a convenient place to set the pumps up and pump from.

 

            Ms. Siminski suggested that since the berm backfired the town meet to discuss what would be done to correct the situation. She questioned if they intended to leave the berm in its current form.

 

            Councilman Osmanski stated that according to the engineering studies and in the Town Engineer and Highway Supt.’s opinion, the berm did not backfire, it did what it was supposed to do. At the worst, the berm did nothing to help the flooding that occurred Friday, but it did not worsen the situation. If they were to follow Mr. Pender’s suggestion, they would only be intervening with nature and pushing the problem somewhere else. Councilman Osmanski commented that this year was very unusual and they never had the flooding where it occurred because the ice jam typically occurred more downstream. However, they could not predict where the ice jam would go each year.

 

            Ms. Siminski questioned why AmeriCorps and other town employees were not available to help the residents on Friday or on the weekend to help with the clean up.

 

            Supervisor Clark stated that Highway Department crews were on site the entire evening and AmeriCorps members delivered sandbags.

 

            Ms. Siminski did not believe that enough help was given to the residents and stated that there was still cleaning up to be done. There were elderly residents on the street that especially could use help. Ms. Siminski noted that when the soccer field was being built the residents were promised that their houses would be power washed, but this was never done. She felt that the town should do some things to assist the residents whether or not they receive any state aid.

 

            Councilman Osmanski stated that Mrs. Penders had called him on the weekend to let him know that many of the residents were already putting things out to the road for garbage pickup.  He contacted Mr. Finnegan on Saturday afternoon and crews were sent to Parkside Drive to pick up the garbage. Mr. Finnegan was also going to send crews out on Sunday, if necessary. Councilman Osmanski stated that the town would continue to do this and help the residents in whatever way they could.

 

            Joe Farr, 75 Parkside Drive, stated that the water came over the bank of the creek nine days ago and again on Friday in the same place. He thought that adding some dirt to the low spot where the water came over would have prevented this from happening and the water would have gone to the soccer park instead.

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Mr. Montz stated that the town could not just dump dirt anywhere and fill in areas. There was a lot of permitting involved and they had to clear it with the NYS Department of Environmental Conservation (DEC) if they wanted to install a berm.

 

            Town Attorney Tim Greenan stated that the DEC and Army Corps of Engineers was aware of the situation and it was their job to do the elevations. The town was not allowed to alter the stream bank without the DEC and Army Corps of Engineer’s approval. The only thing they had approved of to solve the flooding problem was the ice retention structure. . They would not allow the bank to be raised. The town spent hundreds of thousands of dollars on studies that these agencies required to determine what could be done and committed $600,000 to the ice retention structure.

 

            Mr. Farr questioned if anyone contacted the DEC or Army Corps of Engineers to let them know about the situation when it was happening.

 

            Supervisor Clark advised that these agencies were on site during the flood.

 

            Mr. Montz stated that if they were to alter the creek bank by adding dirt and it was not done according to specifications, it could breach and the town would then be liable.

 

            Councilman Osmanski further commented that the power of the creek water and ice would breach the dirt and infiltrate through it in no time.

 

            Diane Roncone, 74 Parkside Drive, stated that in the Saturday morning Buffalo News Supervisor Clark stated that there was no street flooding and everything was under control late Friday night. This led the public to believe there was no problem. Mrs. Roncone felt that everyone was “passing the buck” with this situation and noted that the town did not even know what to do to help when the flood was happening. There was advance warning of the rising temperatures and nothing was done to prepare for it. Mrs. Roncone commented on the thousands of dollars of damage to their properties that they did not know if the insurance companies or flood insurance would cover. She had put everything out to the road, but then stopped the town from picking it up on the request of her insurance company. When Mrs. Roncone told the town trucks not to pick anything up, she was told that they were given orders to pick it up and would not continue to send a crew out. She did not believe that the Town Board cared about what the residents had lost because they could not give them an answer on how to solve the problem. The water used to go into farmland and the residents never had problems like this in the past. Mrs. Roncone did not understand how Supervisor Clark could report that there was no street flooding and questioned if he was at the site on Friday.

 

            Supervisor Clark responded that he was at the site on and off all afternoon and on Friday night until 1:00 A.M. He spoke to a reporter at about 3:30 A.M. Saturday and at that time told him that the ice jam had broken through and the street and storm sewer system was beginning to drain.

 

            Mrs. Roncone stated that at 6:00 A.M. Saturday the street was still completely flooded.

 

            Councilman Hicks stated that the board members cared about the residents and what they had gone through and lost, but the flood was not their fault - it was Mother Nature’s fault. He noted that he was at the site at 2:00 P.M. Friday until 6:00 P.M. and returned at 10:00 P.M., and Mike Kerl was there 24 hours. Councilman Hicks further stated that there were many things being done that the residents could not see and everything that could have been done was being done. He did not believe it was fair to say that the Town Board did not care.

 

            Mrs. Roncone stated that she did not believe anyone on the Town Board has cared since the subdivision was built 35 years ago or the problem would have been taken care of.

 

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Supervisor Clark stated that during his second year as Supervisor of the Town of West Seneca he found out about the ice retention structure project. When residents of the subdivision pleaded to reactivate the project that was let go by a prior Town Board and the State, he studied it and spoke with the residents to determine the best way to solve the problem. Supervisor Clark stated that he figured out a way to arrange for the state and federal government to reactivate, re-engineer, and refinance a project that would solve the problem permanently, not only give temporary relief. The financing was arranged and funding was allocated for the project. Supervisor Clark stated that he had authorized unlimited overtime pay for town employees to assist at the incident and would have the AmeriCorps go door-to-door and offer further help if needed. He noted that the subdivision had been flooding for 30 years and probably never should have been built, but it was there and they had to deal with it and do their best.

 

            Mrs. Roncone stated that the subdivision had only severely flooded on three occasions and questioned what help the residents would receive if there were another flood next week. Mrs. Roncone commented that all of the residents pay their taxes and they wanted something done immediately to resolve the problem. She further noted that the only people she saw on Friday night were the volunteer firemen; she did not see any of the board members.

 

            Mildred Walker, 86 Parkside Drive, stated that when she moved into her home in 1965, no one ever told her that it was a flood plain. The first flood was in 1970 and the families were evacuated. In the newspaper the following morning it was stated that they were told not to build on this land because it was a flood plain and was very low. In spite of that, Mrs. Walker noted that 32 additional homes were built on the street and the town issued permits for them. She stated that the homeowner’s group had been coming to the Town Board for 31 years and referred to previous flooding threats and how they were handled. Mrs. Walker understood that the present Town Board did not create the problem, they inherited it, but she felt that they should do something about it. If they did not want to do anything, she suggested that the town buy all the homes on Parkside Drive and give the land back to Mother Nature.

 

            Bill Glair, 92 Parkside Drive, stated that the town could have launched an amphibious tank two weeks ago at Orchard Park Road, brought it up the creek and broke up the ice.

 

            Mr. Finnegan stated that once an ice jam was in place they could not launch a tank because it would send the tank down. There had to be open water and a certain amount of flow to get the ice to clear out. Mr. Finnegan further noted that they did not have the equipment to do this work.

 

            Mr. Glair suggested that the town invest in this type of equipment since the flooding was an ongoing problem. He also questioned why no reserve people were brought in to help break up the ice.

 

            Peter Rola, 4 W. Willowdale, questioned if there was an updated topographical map showing the soccer field development and if it could be made available to the residents.

 

            Mr. Montz was not sure if the topographical drawings had been updated since the soccer complex was built, but offered to make available the most recent drawings.

 

            Mr. Greenan stated that if the residents wanted to know the elevations in the soccer park, they would be shown on the plans. He did not believe that an after build topography had been done, but the Engineering Department would have ensured that the park was built to the elevations specified on the plan.

 

            Mr. Rola recalled that at meetings for the proposed soccer field there was concern from the residents about how it would affect the flooding. He questioned the board’s plan for protecting the neighborhood from future floodwaters.

 

            Supervisor Clark responded that the ice retention facility would offer the most reliable and long-term protection.

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Councilman Osmanski stated that he was on the Town Board since 1992, and when he found out about the ice retention project in 1994, he began working continuously to get it built. There were numerous meetings, they pushed the state, got the funding from Congressman Quinn, and worked to get the project done. Councilman Osmanski offered to meet with residents of the neighborhood and review the project plan.

 

            Mr. Greenan stated that the town committed $600,000 toward the ice retention structure in 1994 and passed the bonding resolution two years ago. It was now in the hands of the Army Corps of Engineers who would be building it and had a timetable.

 

            Mr. Rola stated that at 6:30 P.M. Friday he walked on top of the berm and found that there was very little water in the soccer field while the yards on Parkside Drive were completely flooded. He requested an explanation of why this happened.

 

            Supervisor Clark disagreed about the water levels referred to by Mr. Rola and asked Mr. Kerl and Mr. Montz to comment on the situation.

 

            Mr. Kerl thought that the ice jam moved at about 6:00 P.M. He explained that the storm system in the soccer complex was not directly related to the storm line in the Parkside Drive residents’ back yards. When the water released from the park, chambers were opened to allow it to drain. The soccer park drained faster due to the larger area and the number of pipes, and they were also pumping water from the basements onto Parkside Drive.

           

            Mr. Rola questioned why the soccer field would have a better drainage system than the subdivision.

 

            Mr. Kerl stated that he was not qualifying which system was better, but just stating that they were totally separate systems. The reason the water stayed in the Parkside Drive area was because they were pumping into the system in order to get the water out of the basements faster. The system in the back yards on Parkside Drive and the ones in the street tied in together. Because they were adding water from the basements into the system in the street and the street was already flooded, as the water went down the street and out it did not allow the water from the backyard system to empty as fast as it should.

 

            Mr. Rola assumed from Mr. Kerl’s comments that there was more water in the residential neighborhood than there was in the soccer field and questioned if that was so.

 

            Mr. Kerl responded that he could not answer that question and could not estimate the volume of water in the soccer field compared to what was on Parkside Drive.

 

            Mr. Montz stated that the water in the soccer field would also drain faster because the storm sewers were larger. The pipes were sized to handle the projected drainage flow.

 

            Councilman Osmanski noted that the soccer complex was designed two years ago to modern standards, whereas Parkside Drive was designed 30 years ago to the standards that existed at that time.

 

            Mr. Rola understood that normally after a situation like this the flood plain would be filled with ice from the creek, but there was hardly any ice on it this time.

 

            Mr. Greenan stated that last winter the water and ice came up to the front parking lot near Seneca Street. If the soccer complex and berm had not been there, the water would have spilled over into the subdivision.

 

            Mr. Montz stated that a lot would depend on whether or not it over topped the bank at the soccer complex or backed up through the storm sewer system.

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Mr. Rola referred to a plan for the soccer complex and questioned the berms that were placed between the soccer field and the creek.

 

            Mr. Montz responded that there were no berms between the soccer field and the creek. The plans showed the existing ground elevation that was always there and that area was not raised at all.

 

            Councilman Osmanski stated that the only construction at the creek was on the storm outlet where a culvert was made. The elevation of the creek bank was not changed.

 

            Mr. Rola commented on the hiring of engineers to do the studies and thought the engineers would say whatever the town wanted them to.

 

            Councilman Osmanski stated that the engineers they were talking about that did the studies were the Army Corps of Engineers, not private consultant engineers hired by the town. URS Greiner designed the soccer park as the town asked them to do and Mr. Montz reviewed their plans.

 

            Mr. Rola stated that he was skeptical about this situation because when the soccer field was proposed the residents in the neighborhood were suspicious that Councilman Osmanski and Supervisor Clark did not take a neutral stand on the proposal. They were trying to sell it to the neighborhood.

 

            Supervisor Clark questioned why they should not try to sell it when it was a project for the children in West Seneca.

 

            Mr. Rola questioned the commercial enterprise that the soccer complex had turned into and the tournaments that had come in from different states.

 

            Supervisor Clark responded that this was to pay for the complex so that the children would have a nice place to play soccer.

 

            Councilman Osmanski stated that all soccer associations hosted some tournaments and West Seneca children had traveled for tournaments elsewhere. He further noted that the soccer complex was commercial so the taxpayers did not have to pay more for it.

 

            Sharon Farr, 75 Parkside Drive, thought that sandbags could have helped stop the water, and she had requested them from the town three times on Friday afternoon, but was told to go out and flag down a town truck going by her street. When Mrs. Farr finally flagged down a truck, she was told to walk down to the creek and she might find someone to help. Mrs. Farr was home by herself with three children, the youngest being two months old, and strangers evacuated them from their homes. She was picked up by a rescue boat at 7:30 P.M. but noted that there were no town officials in the area between 4:40 P.M. and 7:30 P.M.

 

            Mr. Finnegan stated that they had over 150 sandbags at the highway garage that were ready to go.

 

            Mr. Kerl stated that there were three pallets of sandbags and six AmeriCorps members and some firemen filling additional ones. When the water started to rush, they could only get so far down the street. They did not know how many people needed sandbags, but they tried to get them to everyone as fast as possible. Mr. Kerl apologized for not getting to all the residents faster.

 

            Mrs. Farr thought that there was ample warning of the flood possibility and the town should have been more prepared with sandbags and been giving them out to the neighbors prior to Friday, even if they never had to use them.

 

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Mary Penders, 63 Parkside Drive, stated that she had dealt with the flooding problem for 30 years, but this year there was too little done too late. Her husband wrote a letter to Supervisor Clark prior to the flood and expressed concern over the possibility of a major flood. Mrs. Penders was very disappointed that they received no response.

 

            Supervisor Clark stated that the letter asked a technical question with regard to breaking the ice and what effect it would have. Upon receipt, he copied the letter to Mr. Montz and Mr. Finnegan and asked them to consult with each other and develop the right response. Supervisor Clark stated that he did not feel qualified to give an answer and asked Mr. Montz and Mr. Finnegan to respond to Mr. & Mrs. Penders.

 

            Mrs. Penders stated that on January 31^st the creek flooded and on February 5^th a letter was sent to Supervisor Clark. On February 6^th, Mrs. Penders called the Police Department at 11:30 P.M. to report that the creek was very high. The weather report was such that they knew it would be mild on Friday and the creek would probably overflow. Mrs. Penders stated that she tried to contact Supervisor Clark on February 7^th to discuss the situation with him, but she could not get through to him so she spoke with Mr. Montz. He informed her that they could not use the crane or dynamite because the town would be liable for any damage or harm done to any human being. Mrs. Penders asked Mr. Montz who would take care of the residents of Parkside Drive when it floods. She thought that she had done her best to prevent the situation from happening and was disappointed and upset that the town did not respond. Mrs. Penders presented pictures of the garbage that was put out to the road on the weekend and expressed further disappointed that no one from the town came down the street to offer solace to the people who had suffered. She commented that many people suffered this year that had never suffered before, and she suggested that the town find funds to reimburse the residents for their losses.

 

            Edward Welker, 86 Parkside Drive, stated that he had been through this many times since he moved into his home 35 years ago. He commented that flood insurance and homeowner’s insurance would not cover their losses and questioned if something could be done with their property tax bills that were coming due on February 15^th.

 

            Supervisor Clark responded that they had no authority to change the due date on the tax bills and stated that it was a NYS Finance law. He requested that Mr. Greenan check to see if the declaration of a state of emergency gave the board any power to grant some type of relief.

 

            Mr. Greenan did not believe that the board could grant the residents any type of relief and thought that the only thing they could do was use the AmeriCorps on private property.

 

            Mary Martin, 51 Parkside Drive, commented on the fear that the residents felt on Friday night and the fact that no one was around to help them. She also thought that the residents should have been kept more apprised of what was happening and should have had help on the weekend with the clean up. Mrs. Martin commended Fire Inspector John Gullo for his help and questioned if any county, state or federal agencies were called on for assistance.

 

            Supervisor Clark stated that Erie County Deputy Commissioner of Emergency Services Jim McCullough was there all afternoon on Friday along with Dean Messing.

 

            Dave Siminski, 39 Southgate Drive, stated that he used to live at 44 Parkside Drive and he questioned if the soccer field was the same elevation as Parkside Drive. He did not believe that they were and stated that the farmer’s field always acted as a natural flood plain, but this year because of the berm, the water stayed on Parkside Drive and rose higher than it ever was before. Mr. Siminski stated that he could see the water coming back into the street and he did not believe that the engineering was done properly. He thought that some culverts should have been installed in the back yards of the Parkside Drive residents.

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Mr. Montz stated that he did not know the difference in the ground elevation between Parkside Drive and the other side of the berm and would have to look at the topographic drawings. In this flooding situation, the water entered between the end of Parkside Drive and the berm and immediately flowed through the back yard ditch system. To his knowledge, the fields were already totally flooded from the storm sewers being unprotected with flap gates, etc.

 

            Councilman Graber suggested that Mr. Montz take new elevations of the soccer park now that it was complete and try to come up with a plan to deal with the flooding until the ice retention facility was built.

 

            Mr. Siminski thought that equipment should have been brought in to knock down the berm. If the berm was installed for aesthetics, it could be put back up next year. Mr. Siminski thought that if culverts were installed and angled out they would drain right into the soccer park. He also suggested that the berm be knocked down permanently and trees planted.

 

            Mr. Montz stated that the soccer complex was already fully flooded so it would not have helped to knock down the berm. The soccer complex was designed to flood and if they knock down the berm or lower it in any area, they stand the chance of increasing or prolonging the flooding of the subdivision.

 

            Mr. Siminski thought that there should be a way to take the water coming off the creek directly into the soccer complex.

 

            Councilman Osmanski stated that when Parkside Drive floods, the soccer complex would already be flooded, so they could not drain Parkside Drive there. At one point, there was a truck on the walking path and the water was above the tires.

 

            Mr. Siminski did not believe that the soccer complex was completely flooded all the way to Gossel Island. He also suggested taking out the island.

 

            Mr. Finnegan stated that they could not take out Gossel Island because it was under the jurisdiction of the DEC and Army Corps of Engineers. The Highway Department cleaned the shoals every year and took out downed trees, but they had to get a permit to remove any shoal. Every September they meet with the DEC and Army Corps of Engineers and start at Mill Road Park and walk to Orchard Park Road at the thruway bridge looking for snags and other shoals that need to be removed.

 

            Councilman Graber questioned if the town had a disaster plan specifically for Parkside Drive.

 

            Mr. Kerl stated that there was only a town wide disaster plan. It was not specific because they know there are traditional spots that flood in town.

 

            Councilman Graber suggested that a disaster plan be developed specifically for Parkside Drive, the ice jamming and consequences of it, and some of the actions they should be ready to take.

 

            Mr. Kerl agreed that the disaster plan could be geared for certain circumstances and certain areas with a higher risk.

 

            Councilman Graber further suggested that the residents of the subdivision write to Congressman Quinn and Senators Schumer & Clinton and ask that the ice retention structure project be moved along.

 

            Mr. Siminski questioned why there were only six AmeriCorps members helping out on Friday.

 

            Supervisor Clark stated that the AmeriCorps were on assignment and they could not get enough of them at the end of the day to help.

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Mr. Kerl stated that as soon as he realized that the AmeriCorps was short staffed, he called in another fire company to help. He noted that the fire companies generally refuse to pump basements, but he and Vigilant Asst. Chief Dave Willman asked them to bring their pumps and stay to help out and they all did. Springbrook Fire Company of Elma also came to help. Mr. Kerl stated that the time duration between when the creek actually crested and when it broke was about 2½ hours. That was not much time for them to do a lot, but they could plan better for the future until the ice structure is in place. Mr. Kerl stated that he would be critiquing the incident with the fire companies for suggestions and the Town Board would be involved.

 

            Joe Roncone, 74 Parkside Drive, commented on the berm that was built near Fairfax Drive that protects the homes from the creek in that area and suggested that the same thing be done near Parkside Drive. Mr. Roncone’s father lived in that neighborhood for 50 years and never had any flooding problems since the berm was built.

 

            Mr. Finnegan understood that this was an Army Corps of Engineers project.

 

            Supervisor Clark asked Mr. Montz to inquire with the Army Corps of Engineers to see if this would be possible for Parkside Drive.

 

            Mr. Roncone further commented on the problem with the sanitary sewer system on Parkside Drive and asked that something be done to correct that situation. He also referred to a tree in the right-of-way in front of his home that had raised the sidewalk and was concerned that it would fall on his house. Mr. Roncone had been contacting the Highway Department for three years asking that someone come and look at the tree, but no one had responded. A tree surgeon had advised Mr. Roncone to take the tree down, but he was told that he could not remove it because it belonged to the town.

 

            Mary Reusch, 39 Parkside Drive, stated that this was the first time in eight years that her home had been flooded and she held the Town Board accountable for it due to the installation of the soccer field. Mrs. Reusch thanked the firemen, who were efficient and courteous, and Mike Kerl for his many hours at the flood. She questioned why the ice retention structure could not be constructed sooner when the soccer complex was proposed and completed within two years.

 

            Supervisor Clark stated that they controlled the property where the soccer field was located so they were able to control the pace of the design and construction. Cazenovia Creek was outside of their control and was under the purview of the Army Corps of Engineers who operated very slowly. The Town Board was not able to move them along more quickly, but they were successful in reactivating the project.

 

            Connie Rayner, 32 Parkside Drive, stated that when she bought her home 25 years ago the closing was delayed because they were not made aware of the fact that they needed flood insurance in order to get a mortgage. Since that time they had paid over $8,000 for National Flood Insurance, but they would not recoup anything from that because their house was not washed away. A house had to be structurally impaired before any money was received. Mrs. Rayner asked that something be done to get them out of the flood plain.

 

            Supervisor Clark stated that unfortunately Parkside Drive was in the delineated flood plain developed by the Army Corps of Engineers.

 

            Mrs. Farr stated that she was most upset because the area was flooded twice within nine days and she did not believe that ample preparation was taken. If they had been prepared before the flood, there would have been much less destruction and less devastation. If there had been sandbags readily available, she would not be in the situation she was in with no financial backup to replace what was lost. Mrs. Farr further commented that there were 65 people that were supposed to come to her home on Sunday for her child’s christening and now she would either have to cancel it or pay to hold it elsewhere. She felt that the devastation to her home could have been prevented if the town had provided her with sandbags.

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Ed Bucki, 56 Parkside Drive, stated that there was a lot of money spent on surveys and plans for the ice retention structure and he suggested that they proceed quickly with it.

 

            Diane Siminski, 44 Parkside Drive, stated that she knew this area was a flood plain when she moved into her home in 1979, but through the years they watched the creek and there was no flood until 1985. Her house did not get any water in 1985, but last Friday it got a lot of water. Mrs. Siminski was only given two sandbags and by the time she got more from Home Depot it was too late. She could not believe that this flood had happened with all the present technology and felt that the town should have been more prepared for it. Mrs. Siminski did not believe that disaster plans were general and thought that a disaster plan should be put in affect for every situation possible. She commented on the present condition of Parkside Drive with the garbage and twigs in the yards and suggested that the town send crews to clean it up.

 

            Mr. Finnegan stated that the town would pick up the garbage at the curb and AmeriCorps workers would be sent to help the property owners with whatever they needed.

 

            Mrs. Siminski suggested that a neighborhood meeting be set up to discuss a plan and that there be follow up meetings to keep the residents informed.

 

            Robert Reusch, 39 Parkside Drive, stated that he received 12 sandbags after everything was already flooded, but he thanked the firemen for an outstanding job in assisting the residents. Mr. Reusch commented that the concession stand at the soccer complex sat higher than his home and was not flooded with water. He did not believe that any part of the soccer complex should have been developed at a higher elevation than their homes.

 

            Councilman Osmanski stated that the elevation where the building was located was not changed from when they bought the land.

 

            Mr. Reusch disagreed and stated that he watched the machinery come in and re-elevate everything when the soccer park was built. He thought that there were many parts of the soccer field that were higher than their neighborhood.

 

            Mr. Montz stated that in order to build any kind of structure in a flood plain they had to obtain a flood plain development permit. A permit was issued for the concession stand, but it had to be built up and kept at certain minimum elevations.

 

            Mr. Reusch stated that the residents were told that the soccer complex was supposed to act as a reservoir if the creek backed up. He questioned why any part of the soccer complex should be higher than their neighborhood and stated that he filmed the water running along the back of the berm to each yard until it went between the houses and met the water in the street. If the soccer complex had been lower, the water would not have come in their direction.

 

            Supervisor Clark questioned if any dirt was brought into the soccer complex.

 

            Mr. Montz responded that no dirt was brought into the complex, but the area of the concession stand was built up to achieve the necessary elevation.

 

            Supervisor Clark stated that if no dirt was brought in and none was taken out there would be no differential in the levels in the soccer park.

 

            Mr. Reusch stated that in the six years he lived at 39 Parkside Drive he never had any water in his sump pump, but this year there was a lot of water in the sump pump and his basement flooded.

 

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Frank Russo, 38 Parkside Drive, stated that he lived in his home for 24 years and never had any water problems until this year. He also never saw the water run toward the Southgate Plaza. Although the town may not have brought any dirt into the soccer complex, they changed the terrain of the flood zone, built a building that stands high on the land, and installed parking for 600 cars. Mr. Russo thought that the soccer complex was a mistake from the beginning and even though the neighbors attended the meetings and were opposed to it, the board had already decided that the project would proceed. The board members listened to members of the Soccer Association who wanted to build a soccer complex on a flood zone that was low. Mr. Russo commented that this land was a flood plain and nothing should have been built there. He also thought that the soccer complex would have been better off in a less congested area such as on East & West Road. Mr. Russo stated that if the board had listened to the residents of the subdivision and not built the soccer complex in a flood zone, they would not have this problem today. He questioned if the board would do anything to change the soccer complex.

 

            Supervisor Clark responded that in his opinion and that of the consulting engineers the soccer complex was designed and built so there was no alteration and would be no negative impact.

 

            Mildred Walker stated that at one time there was a proposal to build a very large apartment complex where the soccer field now stood. The plans called for the property to be built up and for a waterway at the end of the property for boats when Parkside Drive needed to be evacuated. Mrs. Walker stated that when she was made aware of this, the neighbors came to the board meeting and stopped the project from happening. They also were successful at stopping the Leisure Rinks proposal.

 

            Joe Farr, 75 Parkside Drive, thanked Mike Kerl for the numerous hours he spent at the flood. He questioned if there would have been any flooding if the bank from the chamber on Parkside to the berm was the same height as the chamber.

 

            Mr. Montz felt that the flooding would have been minimized in that situation.

 

            Mr. Farr suggested that the town look into this for next year and would be checking back to see what progress was being made.

 

            Councilman Osmanski thought that Councilman Graber’s proposal for a specific disaster plan for Parkside Drive was a good idea along with Mrs. Farr’s suggestion to have more sandbags prepared in advance. He also thought that they should petition the Army Corps of Engineers to permanently build berms to get the homes out of the flood plain designation.

 

            Mr. Farr further commented that he firmly believed that the berm caused Parkside Drive to flood.

 

            Sue Siminski, 44 Parkside Drive, thought that the Town Board had to assume responsibility for their predecessors and that it should give them the motivation to do the things that were not done.

 

            Supervisor Clark felt that they had taken responsibility and that the project was back on track because of the actions of this board.

 

            Ms. Siminski suggested that a flyer be sent to the residents of Parkside Drive stating that a meeting would be held within the next two months to put forth suggestions. She further questioned if there would be any money available to compensate the residents for their losses.

 

            Councilman Osmanski responded that they could not take town taxpayer’s funds and give them to private citizens.

 

            Ms. Siminski suggested that the town do other things for the residents such as replant their lawns, clean the street, etc. and proposed that they discuss these issues at the meeting.

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            PARKSIDE DRIVE FLOODING   (continued)

 

            Supervisor Clark requested that Mike Kerl coordinate the meeting and his office would send notification of the date and time. In the meantime, he would talk with Youth Director Mark Lazzara to have the AmeriCorps conduct a house-to-house needs survey and they would then do their best to get the work done for the residents.

 

            Ms. Siminski suggested that the town be persistent in offering help to the residents because some may be too proud to accept any help offered to them.

 

            Debbie Domogala, 87 Parkside Drive, stated that the entire contents of her basement was lost to the floodwaters and her family room was completely destroyed. She thought that the tone of the meeting would have been different if there had been a fatality on Friday and things would have happened faster. Mrs. Domogala stated that she called Supervisor Clark on Saturday morning because she wanted him to see the devastation to her home. It has since been cleaned up, but there was still structural damage to her home. She was terrified thinking that it could flood again in the future and noted that she intended to put her house up for sale in the spring.

 

            and Historic Preservation in accordance with the provisions of the 2001 Recreational Trails Program, in an amount not to exceed $30,000 with the town agreeing to commit $42,825 in cash and in kind goods and services as matching funds, and upon approval of said request, to enter into and execute a project agreement with the state for such financial assistance to the Town of West Seneca for the construction of a trail system in West Seneca’s Burchfield Park.

 

Ayes: All                                             Noes: None                                         Motion Carried

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

1.     All Youth Bureau travel expenses, including overnight stays under $700, may be approved in advance by the Youth Bureau Executive Director. Reimbursement for these expenses require receipts for each expenditure.

 

2.     All Youth Bureau travel expenses of $700 to $1399 must be approved in advance by the Youth Bureau Executive Director and the Town Board liaison to the Youth Bureau. Reimbursement of travel expenses will require receipts for each expenditure.

 

3.     All Youth Bureau travel expenses over $1400 will require Town Board approval in advance. Reimbursement for these travel expenses will require receipts for each expenditure.

 

For purposes of this policy, the amount of “travel expenses” shall be determined by aggregating the anticipated cost of each individual traveling to a particular destination or event.

 

Ayes: All                                             Noes: None                                         Motion Carried

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

·          Patricia C. Wisniewski, Town Clerk’s Report for year-end 2000 and January 2001 received and filed.

·          William P. Czuprynski, Building Inspector’s Report for January 2001 received and filed.

·          Ruth E. Breidenstein, Receiver of Taxes’ Report for January 2001 received and filed.     

 

            RATE INCREASE FOR PART-TIME PUBLIC SAFETY DISPATCHERS

 

            Motion by Councilman Wroblewski, seconded by Councilman Graber, to increase the hourly rate for part-time Public Safety Dispatcher James J. Kavanaugh to $9.20 per hour retroactive to April 1, 1998 and David Vasquez to $9.20 per hour retroactive to December 22, 2000 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that both have reached the 1400 hours necessary for this increase.

 

            Ayes: All                                             Noes: None                                Motion Carried

 

 

 

 

 

1250 Union Road                                                                   Minutes #2001-3

West Seneca, NY   14224                                                      February 12, 2001

 

            SOUND BARRIERS FOR I-90

 

            Councilman Graber understood that the widening of I-90 would be taking place in the near future and requested that Town Engineer George Montz follow up on a previous request for installation of sound barriers.

 

 

            Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 11:15 P.M.

 

            Ayes: All                                            Noes: None                                         Motion Carried