WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2002-5
West Seneca, NY 14224 March 25, 2002

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 John Asztalos, Paul Weixlmann, Josephine Kaczmarek and Cindy Burchfield.


5-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2002-4 of March 11, 2002.
    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the March 19, 2002 bid opening for recreation supplies and equipment.
    Ayes: All Noes: None Motion Carried

    5-B    LEGAL NOTICES

    1. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 525 BULLIS ROAD, BEING PART OF LOT NO. 374, CHANGING ITS CLASSIFICATION FROM M-1(S) TO M-1(S), FOR USED CAR AND TRAILER SALES AND SERVICE" in the Town of West Seneca, be received and filed.       (Weller Land & Realty Co.)

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its February 20, 2002 meeting, the Planning Board recommended approval of the request for a special permit for property located at 525 Bullis Road, being part of Lot No. 374, changing its classification from M-1(S) to M-1(S), for used car and trailer sales and service, conditioned upon all lighting being directed downward to the south of Bullis Road and west of Transit Road, the green area being added as shown on the plan, and the automotive use area within the building being limited to 900 square feet and delineated on the plan prior to the public hearing."

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    5-B    LEGAL NOTICES

    1.    (continued)

    Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, Bruce Weller, and stated that he would like to use a portion of the building located at 525 Bullis Road for the sale of used vehicles. Mr. Weller owned the building and it presently housed three other tenants - Atlas Plaster with 6000 square feet; Tiger Performance with 3000 square feet; and Forrestal Tent & Party Rental with 7000 square feet. Mr. Weller wanted to utilize a 10' x 10' office and a 20' x 40' prep area at the rear of the building along with outside space for 25 cars for sale at the intersection of Transit Road and Bullis Road. These areas were indicated on the plot plan that was submitted. Mr. Lorigo noted that Mr. Weller was in the car sales business for 45 years and had other locations in the Town of Aurora. There would be no collision work or painting on site, and it would be strictly used for sales and prep work and minor repairs on the vehicles to be sold. The vehicles being sold would be in the $8000 to $12000 price range. Mr. Weller and one other person would be the only employees, and the hours of operation would be six days a week, in the winter until 5 P.M. and in the summer until 7 P.M. Mr. Lorigo stated that Mr. Weller had agreed to comply with the Planning Board's stipulations.

    Councilman Osmanski requested clarification on the location of the driveway and green space.

    Mr. Lorigo indicated the driveway, parking area, and green space on the plan submitted.

    Councilman Hicks questioned what type of trailers would be sold on the property.

    Mr. Lorigo responded that the trailers would be recreational vehicles that were pulled behind another vehicle.

    Councilman Osmanski suggested limiting the height of the light poles to 14 feet and adding some trees to the 10-foot green space area along the Aurora Expressway and Transit Road to soften the appearance of the concrete block building.

    Mr. Lorigo suggested shrubbery at the corner of Bullis Road and Transit Road so the view of the vehicles on display would not be blocked.

    Councilman Osmanski suggested planting a tree at each of the light poles, at the sign, and on the southern corner of the green area.

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a special permit for property located at 525 Bullis Road, being part of Lot No. 374, changing its classification from M-1(S) to M-1(S), for used car and trailer sales and service, conditioned upon the following: 1) lighting should be directed downward to the south of Bullis Road and west of Transit Road with a maximum pole height of 14 feet; 2) green area should be as shown on the plan submitted with the addition of five 2"-caliper deciduous trees; 3) automotive use area within the building should be limited to 900 square feet as delineated on the plan submitted.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

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    West Seneca, NY 14224 March 25, 2002
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    5-B    LEGAL NOTICES

    2.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 28 RANSIER DRIVE, BEING PART OF LOT NO. 201, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR AN AUTO REPAIR SHOP FOR MECHANICAL REPAIRS ONLY" in the Town of West Seneca, be received and filed.       (Frank & Laura Pirritano)

    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 Tim Greenan read the recommendation of the Planning Board: "At its February 20, 2002 meeting, the Planning Board recommended approval of the request for a special permit for property located at 28 Ransier Drive, being part of Lot No. 201, changing its classification from M-1 to M-1(S), for an auto repair shop for mechanical repairs only, provided that the parking lot area is paved and noting that the special permit only applies to the 60' x 50' area at the rear of the building."

    Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioners, Frank & Laura Pirritano, and stated that the newly constructed 12,000 square foot building located at 28 Ransier Drive was presently occupied by two tenants. The Pirritano's would like to rent out the easterly 3000 square feet, or one-fourth, of the building to be used for mechanical automotive repair. The 50' x 60' portion of the building would be for a one-person operation and there would be no collision work or painting. No parts would be stored outside and all work would be done inside. The business would be open to the public 8 AM until 5 PM six days a week.

    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 Wroblewski, to approve the request for a special permit for property located at 28 Ransier Drive, being part of Lot No. 201, changing its classification from M-1 to M-1(S), for an auto repair shop for mechanical repairs only, provided that the parking lot area is paved and noting that the special permit only applies to the 60' x 50' area at the east end of the building.

    On the question, Councilman Graber stated that he was familiar with Greg Aguglia, the proposed tenant for this property, and he ran a very neat automotive repair operation.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*


    5-C    COMMUNICATIONS

    1.    Town Attorney re Public hearing for Elmsford Circle Watermain Replacement Project

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for April 8, 2002 at 7:30 P.M. regarding the Elmsford Circle Watermain Replacement Project, Job No. E-0117.

    Ayes: All Noes: None Motion Carried
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    5-C    COMMUNICATIONS

    2.   Town Engineer re Bid date for Norwood Drive Reconstruction Project

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of April 15, 2002 at 10:00 A.M. for receipt of bids on the Norwood Drive Reconstruction Project, Job No. N-0102.

    On the question, Councilman Wroblewski stated that he did not have a problem with the road reconstruction concept on Norwood Drive, but he did have a problem with the overall budgetary impact over the upcoming years. He did not feel comfortable voting for this project without knowing the complete budgetary impact.

    Councilman Osmanski stated that Town Engineer George Montz's estimate for the project was fairly large. They had to decide whether to bid out the project and make a decision or just wait. He thought it was better to bid out the project now while the contractors were not already booked for the season. If they delayed bidding it out, it could add costs to the project and compound their concerns. The board members were all concerned about the amount of money spent on capital reconstruction projects, but they were committed to maintaining town highways and were trying to do one full road reconstruction project per year.

    Supervisor Clark requested that Comptroller Chuck Koller report back to the board members with the budgetary impact of bonding this project. He further requested that Mr. Montz disclose in a memo the pricing for the project so the board members could discuss it.

    Ayes:  (4)   Councilman Osmanski, Supervisor Clark,
    Councilman Graber, Councilman Hicks
    Noes:  (1)    Councilman Wroblewski
    Motion Carried

    3.   Town Engineer re Bid date for Sunnyside Drive Drainage Project

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of April 15, 2002 at 10:00 A.M. for receipt of bids on the Sunnyside Drive Drainage Project, Job No. S-0104.

    On the question, Councilman Osmanski stated that the town had a long-range program of trying to improve the drainage on Center Road. There had been a severe problem with flooding across Center Road, but a large amount of money was spent redoing some of the drainage five years ago and the problem was mostly resolved. However, there was still a problem with the watershed overrunning Sunnyside Drive and flooding back yards. Councilman Osmanski thought that this project would alleviate that problem.

    Ayes: All Noes: None Motion Carried

    4.   Town Engineer re Bid date for Delray Avenue Reconstruction Project

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of April 22, 2002 at 10:00 A.M. for receipt of bids on the Delray Avenue Reconstruction Project, Job No. D-0114.

    On the question, Councilman Wroblewski noted that the town would be receiving grant money for both the Delray Avenue project and the Kirkwood Drive project. These projects were also part of a long-range plan to reconstruct certain roads in this area of town.

    Ayes: All Noes: None Motion Carried

    5.   Town Engineer re Bid date for Elmsford Circle Watermain Replacement Project

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of April 22, 2002 at 10:00 A.M. for receipt of bids on the Elmsford Circle Watermain Replacement Project, Job No. E-0117.

    Ayes: All Noes: None Motion Carried
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    5-C    COMMUNICATIONS

    6.   Town Engineer re Bid date for Kirkwood Drive Revitalization - Phase II Project

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of April 29, 2002 at 10:00 A.M. for receipt of bids on the Kirkwood Drive Revitalization - Phase II Project, Job No. K-0115, noting that the town had received a $90,000 HUD grant for use on the project.

    On the question, Councilman Osmanski stated that both Kirkwood Drive and Delray Avenue were HUD projects and involved sidewalk, curb and approach replacement. Highway Department personnel would be doing the resurfacing work on both of these projects.

    Supervisor Clark noted that this year the town had won $90,000 each for both the Kirkwood Drive and Delray Avenue projects.

    Ayes: All Noes: None Motion Carried

    7.    Town Engineer re Purchase of confined space truck for Sewer Service Department

    Received and filed.

    8.   Town Engineer re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $3479 to Siewert Equipment Co., Inc. for repairs to portable trash pump.

    Ayes: All Noes: None Motion Carried

    9.   Chief Gehen re Creation of Public Safety Dispatcher 55A position

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to create the position of full-time Public Safety Dispatcher 55A and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    10.    Chief Gehen re Appointment of Kevin Przybyl as Public Safety Dispatcher 55A

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate Kevin Przybyl as part-time Public Safety Dispatcher and appoint Kevin Przybyl as Public Safety Dispatcher 55A effective March 26, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    11.   Chief Gehen re Attendance of Asst. Chief Wight & Detective Fiscus at Magloclen training conference

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Assistant Chief Dale Wight and Detective Robert Fiscus to attend the Magloclen training conference April 22-26, 2002 in Cleveland, Ohio at a cost not to exceed $480 noting that lodging and parking are covered by the Magloclen organization.

    Ayes: All Noes: None Motion Carried

    12.   Chief Gehen re Attendance of Officers Morano, Gibbons, Pratt & Detective Bloom at DARE convention

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Police Officers Ken Morano, James Gibbons and Timothy Pratt and Detective Dennis Bloom to attend the 2002 New York State DARE convention April 18-21, 2002 in Pine Bush, New York at a cost not to exceed $1604 which is covered by the DARE grant.

    Ayes: All Noes: None Motion Carried
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    5-C    COMMUNICATIONS

    13.   Chief Gehen re Attendance of Officers May, Comerford & Baker at traffic safety conference

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Police Officers Ken May, Timothy Comerford and Edward Baker to attend the 2nd annual Empire State Law Enforcement Traffic Safety Conference April 9-10, 2002 at the Holiday Inn - Turf in Albany, New York at a cost not to exceed $220.

    Ayes: All Noes: None Motion Carried

    14.   Chief Gehen re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2265.91 to Ronlyn's Collision for repairs to Car #26.

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

    Supervisor Clark abstained from voting on this motion because Ronlyn's Collision was a client of an accounting firm that he had a financial interest in.

    15.   Chief Gehen re Leave of absence for Officer David Mackey

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to grant a one year leave of absence to Police Officer David Mackey effective March 25, 2002 - March 24, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    On the question, Councilman Osmanski stated that Officer Mackey was an excellent police officer and they were sorry to lose him. However, he had a higher interest with the FBI and the board members felt they should grant him a leave of absence to pursue that goal.

    The board members thanked Chief Gehen for working with Officer Mackey to provide him with the time necessary to pursue this job opportunity.

    Ayes: All Noes: None Motion Carried

    16.   Comptroller re Rate increase for Lindsey Schmidt, part-time Acct. Clerk Mini Computer Operator

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a step increase from $9.50 to $10.00 per hour to Account Clerk Mini Computer Operator Lindsey Schmidt moving her from Step I to Step II of the part-time pay scale effective March 17, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Ms. Schmidt completed the 1400 hours of service necessary for this increase.

    Ayes: All Noes: None Motion Carried

    17.   Recreation Director re Bid award for arts & crafts supplies

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the bid for arts & crafts supplies to S & S Worldwide at a total cost of $5792.29.

    Ayes: All Noes: None Motion Carried
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    5-C    COMMUNICATIONS

    18.   Recreation Director re Appointments to Youth on Youth Soccer program

    Received and filed.

    19.   Youth Director re Appointment of Dominic Connorozzo as part-time Clerk for Rent-A-Kid program

    Received and filed.

    20.   Youth Director re Attendance of AmeriCorps members at Frost Valley retreat

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize 29 AmeriCorps members and staff to attend a member retreat in Frost Valley, March 20-22, 2002 at a cost not to exceed $2000.

    Ayes: All Noes: None Motion Carried

    21.   Youth Director re Purchase of two vans for YES program

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a lease agreement under the state bid from FRN of Rochester for a 12 passenger Ford Econoline E350 XL van at a cost of $328 per month and authorize the purchase of two 15 passenger Chevrolet Express 3500 vans under the state bid from FRN of Rochester at a total cost of $41,522 and two 2000 Ford 15 passenger vans from GSA at a total cost of $18,850.

    On the question, Councilman Graber noted that these purchases would be made from grant funds and would not impact the taxpayer in any way.

    Councilman Hicks stated that every effort was made to do business within the town, but none of the dealers could come close to the pricing because of the state purchasing.

    Councilman Wroblewski complimented Councilman Hicks on his work on the government surplus vehicles. Even though the purchases were being made with grant funds, they shopped around for the best price.

    Ayes: All Noes: None Motion Carried

    5-D    REPORTS

  • Patricia C. Wisniewski, Town Clerk's report for February 2002 received and filed.
  • William P. Czuprynski, Building Inspector's report for February 2002 & Plumbing Inspector's report for January & February 2002 received and filed.

    PROBLEMS OF THE PUBLIC

    REQUEST TO LOCATE CROSSBAND REPEATER ON TOWN'S EQUIPMENT

    John Rosinski, Fernwood Avenue, Commissioner for West Seneca Fire District #1, questioned the status of his communication to the Town Board regarding locating a crossband repeater on the town's equipment.

    Chief Gehen stated that he had no objection to this request as long as it did not interfere with any transmissions from the Police Department. He had checked with FM Communications to make sure that there would not be a problem.

    Supervisor Clark questioned if there was any need for a legal agreement between the town and West Seneca Fire District #1.

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    West Seneca, NY 14224 March 25, 2002
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    PROBLEMS OF THE PUBLIC

    REQUEST TO LOCATE CROSSBAND REPEATER ON TOWN'S EQUIPMENT (continued)

    Town Attorney Tim Greenan stated that they should draw up a short agreement stating that there would be no interference between the fire district's equipment and the town's equipment, that they would maintain and insure it, and that there would be no responsibility to the town.

    Councilman Graber thought that other fire companies might want to do the same thing and suggested noting in the agreement that a coordinated effort would have to be made between all the companies.

    Mr. Greenan suggested that Mr. Rosinski inform the town of their technology and the type of height and distances necessary so they could facilitate all six districts.

    Mr. Rosinski advised that the one crossband repeater would include all six fire companies.

    Motion by Supervisor Clark, seconded by Councilman Hicks, to approve an agreement with West Seneca Fire District #1 to place a crossband repeater system on town facilities, subject to a manner approved by the Town Attorney's Office.

    Ayes: All Noes: None Motion Carried

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    PURCHASE OF OFFICE FURNITURE

    Motion by Councilman Wroblewski, seconded by Supervisor Clark, to authorize payment of $2,386. to Arrow Business Forms, PO Box 406, West Seneca, New York, for (1) secretarial chair, (1) bookcase, and (1) credenza."

    Ayes: All Noes: None Motion Carried

    PUBLIC HEARING ON AMENDMENT TO PARKING ORDINANCE (JASMINE & NEWELL)

    "Motion by Supervisor Clark, seconded by Councilman Hicks, to schedule a public hearing for April 8, 2002 at 7:30 P.M. to consider an amendment to the Town Traffic Ordinance regarding NO PARKING signs on Jasmine Avenue and Newell Place."

    Ayes: All Noes: None Motion Carried

    PURCHASE OF ROTOTILLER ATTACHMENT

    Motion by Councilman Graber, seconded by Supervisor Clark, to authorize the purchase of a Rockhound rototiller attachment from Buffalo Tractor Inc., 3045 Seneca Street, West Seneca, New York, at a cost of $7475.00, noting that funds are available in Line Item 2.5130.0200.

    Ayes: All Noes: None Motion Carried

    TOWN BOARD MEETINGS SCHEDULED

    Supervisor Clark announced the Town Board meetings for the second quarter of 2002 as follows:
    Monday, April 8, 2002 @ 7:30 P.M.
    Monday, April 29, 2002 @ 7:30 P.M.
    Monday, May 20, 2002 @ 7:30 P.M.
    Monday, June 10, 2002 @ 7:30 P.M.
    Monday, June 24, 2002 @ 7:30 P.M.
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    West Seneca, NY 14224 March 25, 2002
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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    STATE COMPTROLLER'S OFFICE REVIEW

    Supervisor Clark stated that the Examiner of Municipal Affairs from the State Comptroller's Office recently reviewed the town to assess its financial operations. They interviewed town personnel, made observations, and inspected financial records and reports. They also provided town officials with some technical assistance on various matters. A letter was received advising that nothing came to their attention that the town was in need of further services from the State Comptroller's Office at this time. Supervisor Clark thanked Comptroller Chuck Koller and his staff for their good work.

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Wroblewski, to adjourn the meeting at 9:00 P.M.

    Ayes: All Noes: None Motion Carried

    PATRICIA C. WISNIEWSKI, RMC/CMC
    TOWN CLERK