WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2002-8
West Seneca, NY 14224 May 20, 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

Absent -   Craig J. Hicks  Councilman

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 Dorothea M. Weber, Albert A. Liegl, Donald J. Mumbach, Carl H. Schnitzer, John M. Fuhrmann, Dominic Iavenditti, and Catherine Conley.

8-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2002-7 of April 29, 2002.
    Ayes: All Noes: None Motion Carried

    8-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 HARLEM ROAD & MINERAL SPRINGS ROAD, BEING PART OF LOT NO. 125, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR AN ADDITIONAL GAS PUMP" in Town of West Seneca, be received and filed.          (CWG Management, LLC)

    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 April 17, 2002 meeting, the Planning Board recommended approval of the request for a special permit for property located at Harlem Road and Mineral Springs Road, being part of Lot No. 125, changing its classification from C-2(S) to C-2(S), for an additional gas pump."

    Chuck Giambra of CWG Management, LLC, 12108 Ann Drive, Alden, represented Tops Market and stated that they would like to add one gas pump on the south side of the existing island at Harlem Road and Mineral Springs Road and extend the canopy above it 24' x 26' to cover it. There would be no underground storage tanks added.

    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 Graber, to approve the request for a special permit for property located at Harlem Road & Mineral Springs Road, being part of Lot No. 125, changing its classification from C-2(S) to C-2(S), for an additional gas pump.

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2002-8
    West Seneca, NY 14224 May 20, 2002
    Page two . . .

    8-B   LEGAL NOTICES

    1.    (continued)

    On the question, Councilman Osmanski stated that the special permit for the existing gas pumps had come before the Town Board on a previous occasion and it was approved for three gas pumps. A stacking problem created the need for them to return with this request for one additional gas pump. He saw no problem with approving this request since it was located on a state highway in a commercial zoning district and did not see where approval of the request would impact other parts of the neighborhood.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER ESTABLISHING THE NORTH AMERICA CENTER INDUSTRIAL PARK STORM WATER DRAINAGE IMPROVEMENT DISTRICT" in the Town of West Seneca, be received and filed.

    Ayes: All Noes: None Motion Carried

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

    Ayes: All Noes: None Motion Carried

    Town Attorney Tim Greenan advised that this public hearing was scheduled to consider a proposed storm water drainage district for handling storm water and drainage within the industrial park. This was in the original design of the park and provided that the benefiting property owners pay for the drainage improvements in the park through their assessment and a special district included on their tax bill. Mr. Greenan noted that this was one of the final steps in setting the industrial park up in terms of its tax base.

    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 Graber, to establish the North America Center Industrial Park Storm Water Drainage Improvement District in the Town of West Seneca.

    Ayes: All Noes: None Motion Carried

    3.   Proofs of publication and posting of legal notice: "OF THE ADOPTED AMENDMENTS TO THE ORDINANCE OF THE TOWN OF WEST SENECA REGULATING VEHICLES AND TRAFFIC AS FOLLOWS: 1) 115-9a (46) PARKING PROHIBITED IN DESIGNATED LOCATIONS - ON THE WEST SIDE OF NEWELL PLACE - BETWEEN MAIN STREET AND A POINT THREE HUNDRED SIXTY-FOUR (364) FEET SOUTHERLY THEREFROM AND ON SCHOOL DAYS BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M.; 2) 115-9a (47) PARKING PROHIBITED IN DESIGNATED LOCATIONS - ON THE EAST SIDE OF NEWELL PLACE - BETWEEN MAIN STREET AND A POINT THREE HUNDRED AND SIXTY-FOUR FEET SOUTHERLY THEREFROM AND ON SCHOOL DAYS BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M.; 3) ADDITION TO 115-9a (157) PARKING PROHIBITED IN DESIGNATED LOCATIONS - ON THE EAST SIDE OF JASMINE AVENUE ON SCHOOL DAYS BETWEEN 7:00 A.M. AND 4:00 P.M." in the Town of West Seneca, received and filed.

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2002-8
    West Seneca, NY 14224 May 20, 2002
    Page three . . .

    8-B   LEGAL NOTICES

    4.   Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF ISSUANCE AND SALE OF SAID SERIAL BONDS IN AN AMOUNT NOT TO EXCEED $1,450,000 FOR FINANCING THE CONSTRUCTION, RECONSTRUCTION, WIDENING OR RESURFACING PORTIONS OF VARIOUS ROADS" in the Town of West Seneca, received and filed.

    5.   Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF ISSUANCE AND SALE OF SAID SERIAL BONDS IN AN AMOUNT NOT TO EXCEED $40,000 FOR FINANCING THE RECONSTRUCTION OF THE ELMSFORD COURT WATER MAIN" in the Town of West Seneca, received and filed.

    6.   Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF ISSUANCE AND SALE OF SAID SERIAL BONDS IN AN AMOUNT NOT TO EXCEED $480,000 FOR FINANCING THE CONSTRUCTION OF AN ICE CONTROL SYSTEM IN CAZENOVIA CREEK" in the Town of West Seneca, received and filed.

    7.   Proofs of publication and posting of legal notice: "OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF ISSUANCE AND SALE OF SAID SERIAL BONDS IN AN AMOUNT NOT TO EXCEED $140,000 FOR FINANCING THE ACQUISITION OF VARIOUS EQUIPMENT, MACHINERY, APPARATUS AND FURNISHINGS FOR VARIOUS TOWN DEPARTMENTS" in the Town of West Seneca, received and filed.

    8.   Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF ISSUANCE AND SALE OF SAID SERIAL BONDS IN AN AMOUNT NOT TO EXCEED $1,165,000 FOR FINANCING THE ACQUISITION OF VARIOUS MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE FOR USE BY VARIOUS TOWN DEPARTMENTS" in the Town of West Seneca, received and filed.

    9.   Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF ISSUANCE AND SALE OF SAID SERIAL BONDS IN AN AMOUNT NOT TO EXCEED $170,000 FOR FINANCING THE RECONSTRUCTION OF ONE OR MORE ARTIFICIAL SWIMMING POOLS" in the Town of West Seneca, received and filed.

    10.   Proofs of publication and posting of legal notice: "OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF ISSUANCE AND SALE OF SAID SERIAL BONDS IN AN AMOUNT NOT TO EXCEED $570,000 FOR FINANCING THE PAYMENT OF TAX SETTLEMENTS TO NIAGARA MOHAWK AND NEW YORK STATE GAS AND ELECTRIC" in the Town of West Seneca, received and filed.

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2002-8
    West Seneca, NY 14224 May 20, 2002
    Page four . . .

    8-C    COMMUNICATIONS

    1.   Supervisor Clark re Clean Water/Clean Air Bond Act application for flood control projects

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to adopt the attached resolution pursuant to the Clean Water/Clean Air Bond Act. Of 1996.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2.   Supervisor Clark re Grant application for Sunnyside Drive sewer system

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Supervisor Paul T. Clark of the Town of West Seneca to apply to the New York State Department of Environmental Conservation for $19,000 for construction of a sewer system along Sunnyside Drive to protect residents from regular flooding, noting that the town will provide $19,280 or 50 percent of project costs in in-kind goods and services.

    Ayes: All Noes: None Motion Carried

    3.   Town Attorney re Community Development Block Grant Housing Activities

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute an agreement between the County of Erie and the Town of West Seneca regarding the Community Development Block Grant Housing Activities for the year 2002.

    Ayes: All Noes: None Motion Carried

    4.   Town Attorney re Comprehensive plan and zoning ordinance proposal

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to enter into a consulting agreement with Wendel Duchscherer for their updated scope of services and proposal fee of $70,000 regarding the Comprehensive Plan and Zoning Ordinance Project for the Town of West Seneca.

    Ayes: All Noes: None Motion Carried

    On the question, Supervisor Clark stated that this project would study certain aspects of the Town of West Seneca in order to revise and modernize some of the town codes and laws that were somewhat antiquated. The project was 100 percent funded by the County of Erie and should be completed within nine months to one year.

    Ayes: All Noes: None Motion Carried

    5.   Town Attorney re Cooperation agreement for Home Investment Partnership Program

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to enter into a Cooperation Agreement between the Town of West Seneca, Town of Hamburg and County of Erie for the Home Investment Partnership Program which expires on July 7, 2002, noting that this agreement is for a three-year extension of the program and funds would be used to assist first time home buyers in the purchase of a home in the Town of West Seneca.

    On the question, Town Attorney Tim Greenan noted that the program also included funding for rehabilitation of distressed homes.

    Ayes: All Noes: None Motion Carried
    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2002-8
    West Seneca, NY 14224 May 20, 2002
    Page five . . .

    8-C    COMMUNICATIONS

    6.   Town Engineer re Orchard Park Road Watermain Replacement Project, change order #1

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve change order #1 for Triple R Development of WNY, Inc., 27 Wyndmoor Court, Depew, NY 14043 in the amount of $1572.40 for performing extra work on the Orchard Park Road Watermain Replacement Project.

    Ayes: All Noes: None Motion Carried

    7.   Town Engineer re Appointment of P. Renkas & N. Englert as part-time laborers in Sewer Service Dept.

    Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Peter Renkas, Jr. and Nicholas Englert as part-time, seasonal laborers in the Sewer Service Department at a rate of $6.75 per hour effective May 21 - September 13, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    8.   Town Engineer re Appointment of Ronald Tumiel as part-time laborer in Engineering Dept.

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Ronald Tumiel as part-time seasonal laborer in the Engineering Department at a rate of $8.45 per hour effective May 21, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    9.   Highway Supt. re Bid date for senior center roof replacement

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of June 3, 2002 at 10:30 A.M. for receipt of bids on the replacement of the roof at the Senior Citizens Center.

    Ayes: All Noes: None Motion Carried

    10.   Highway Supt. re Bid date for pool repairs

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of June 3, 2002 at 10:00 A.M. for receipt of bids on re-plastering the town pool, pump replacement, and other necessary repairs.

    On the question, Supervisor Clark suggested that the specs for this work require completion of the project by the start of the swimming season with penalties for going beyond the completion date.

    Councilman Wroblewski suggested that the work be postponed until next year if the weather prevented it from being completed by the start of the season.

    Highway Supt. Pat Finnegan stated that if they knew the work could not be completed by the opening day for the pool, they could delay it until the end of the season. But if they attempted to do the work now and it was rained out, they would be committed to finish it. If they did not do the work first, there could be some problems with the Health Department because of some of the markings that were needed.

    Ayes: All Noes: None Motion Carried

    11.   Highway Supt. re Bid date for brush chipper

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of June 3, 2002 at 10:15 A.M. for receipt of bids on the purchase of a brush chipper for the Highway Department.

    Ayes: All Noes: None Motion Carried
    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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    West Seneca, NY 14224 May 20, 2002
    Page six . . .

    8-C    COMMUNICATIONS

    12.   Highway Supt. re Purchase of four pickup trucks for Bldgs. & Grounds Dept.

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of four (4) new pickup trucks for the Bldgs. & Grounds Department off the current NYS contract at a cost of $14,786.50 each for a total of $59,146.

    Ayes: All Noes: None Motion Carried

    13.   Highway Supt. re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $3219.21 to Valley Tire Company for tires.

    Ayes: All Noes: None Motion Carried

    14.   Highway Supt. re Appointment of summer help in Highway Dept.

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, appoint the following summer help in the Highway Department at a rate of $6.50 per hour effective May 20 - September 2, 2002:

    Thomas Legierski Andrew Fragle
    Matthew Flaherty Darryl Jablonski
    Brian Moehler Mike Flynn
    William Weixlmann         Tim Mahoney
    Sam Gioia Jim Giermek
    Kevin Kurk Joe Occhino
    Jim Kennedy Jr.  

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

    Ayes: All Noes: None Motion Carried

    15.   Highway Supt. re Appointment of Scott Lawson as Sanitation Substitute

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate Scott Lawson as part-time laborer in the Bldgs. & Grounds Department and appoint Scott Lawson as Sanitation Substitute at a rate of $7 per hour effective May 20, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    16.   Highway Supt. re Appointment of summer help in Bldgs. & Grounds Dept.

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint the following summer help in the Bldgs. & Grounds Department at a rate of $6.50 per hour effective May 20 - September 2, 2002:

    Cory Waskielewicz           James McParlane
    Jeff Loga James Aztalos
    Mike Betti Mark Talty
    Patrick Maxon       Keith Brotz
    Greg Lafferty Shane Moonan
    Stephan Knab Erica Majorowicz

    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 #2002-8
    West Seneca, NY 14224 May 20, 2002
    Page seven . . .

    8-C    COMMUNICATIONS

    17.   Chief Gehen re Attendance of Lt. Thomas Hanover at DARE & youth court grants training seminar

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Lt. Thomas Hanover to attend a one-day training session on DARE and youth court grants on Tuesday, June 4, 2002 at SUNY Brockport, noting that there is no registration cost for the seminar and other related expenses will be covered by the youth court grant.

    Ayes: All Noes: None Motion Carried

    18.   Chief Gehen re Payment for police vehicle striping

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $1880 to Vinyl Signz & Graphics Plus, 2350 Union Road, West Seneca, for striping police vehicles.

    Ayes: All Noes: None Motion Carried

    19.   Town Clerk re Amusement license for Southgate Plaza

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to issue an amusement license to Southgate Plaza, Inc. effective May 24 - 27, 2002, noting that the $100 application fee was received by Town Clerk Patricia Wisniewski.

    Ayes: All Noes: None Motion Carried

    20.   Town Clerk re Sale of two voting machines to International Union of Operating Engineers

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the sale of two (2) discarded voting machines (#118781 & #118526) to the International Union of Operating Engineers at a cost of $1 each.

    Ayes: All Noes: None Motion Carried

    21.   Town Clerk re Attendance at NYALGRO school

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Town Clerk Patricia Wisniewski to attend the New York Association of Local Government Records Officers annual school in Alexandria Bay, New York, June 4 - 7, 2002 at a cost not to exceed $650.

    Ayes: All Noes: None Motion Carried

    22.   Tax Receiver re Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer request of $1600 from Postage Account #01.1330.0411 to Other Expenses Account #01.1330.0419.

    Ayes: All Noes: None Motion Carried

    23.   Recreation Director re Appointment of seasonal part-time employees

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint the individuals on the attached list as part-time seasonal effective June 1 - September 16, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2002-8
    West Seneca, NY 14224 May 20, 2002
    Page eight . . .

    8-C    COMMUNICATIONS

    24.   Youth Director re Attendance at Points of Light conference

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Youth Director Mark Lazzara, Jack Norton, Mary Ann Kresse, Donna Cullins, Josh Randall and Ardie Reinard to attend the Points of Light Conference in Salt Lake City, Utah, June 8 - 12, 2002 at a cost not to exceed $7600.00, noting that the cost of the conference is covered by grant funds.

    Ayes: All Noes: None Motion Carried

    25.   Youth Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $1596.25 to Relizon for printing of the Charles E. Burchfield Nature & Art Center brochure.

    Ayes: All Noes: None Motion Carried

    8-D    REPORTS

    PROBLEMS OF THE PUBLIC

    MAILBOX DAMAGED ON CENTER ROAD

    Mary Herod, 225 Center Road stated that four out of the last seven years her mailbox was knocked down by county snowplows. She had written a letter to County Attorney Frederick Wolf and received a derogatory response from him telling her that she had no right to have her mailbox where it was located on Erie County property. Mrs. Herod was also told that she needed a permit to put her mailbox where it was presently located, but the mailbox had been there for a number of years. The post office informed her that this was where they wanted the mailbox and she could not move it. She questioned the conflicting information.

    Supervisor Clark stated that Center Road was a county road and the County of Erie plowed the road. The town had no involvement in this matter, but he asked Town Attorney Tim Greenan's advice as to what could be done.

    Mr. Greenan advised that there were a lot of reports from residents after the snow emergency claiming that plows had damaged their property. The claims were forwarded to the town's insurance carrier who denied coverage based on a specific law that made the town not responsible.

    Highway Supt. Pat Finnegan stated that if the town snowplows damaged a mailbox his department would replace it with a standard mailbox.

    Supervisor Clark suggested that Mrs. Herod contact County Legislator John Greenan for assistance.

    Mr. Greenan stated that the law was rather nebulous and the homeowner was responsible. If a town truck caused the damaged, Mr. Finnegan would try to accommodate. If a county truck caused it, it would be up to the county to accommodate the homeowner, but they had no legal responsibility to do so. Mr. Greenan further noted that in many instances county representatives would try to help out, especially in a situation such as this where the mailbox was hit on several occasions.


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