WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2001-8
West Seneca, NY 14224 May 14, 2001

 

The meeting was called to order at 7:30 P.M. by Supervisor Paul T. Clark 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 Shawn F. Fitzpatrick, Dean J. Schiffhauer, Marie A. Mersmann, Frederick J. Drzewiecki, Marjorie Daskalakes, Michael Dinunzio, Ruth E. Miller, and Sister Mary Nadine Michaels.

8-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2001-7 of April 9, 2001.
    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the April 17, 2001 bid opening for leasing a 2001 Ford Taurus.
    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the May 7, 2001 bid opening for the Plant 5 Piping Realignment Project.
    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the May 7, 2001 bid opening for the Seneca Street - Hilldale Avenue - Soccer Complex Traffic Signal Project.
    Ayes: All Noes: None Motion Carried

    8-B    LEGAL NOTICES

    1.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING PURSUANT TO GENERAL MUNICIPAL LAW, ARTICLE 18-B, SECTION 959(a)(iii), TO SOLICIT COMMENTS REGARDING THE RELOCATION OF DIDONATO ASSOCIATES, P.E., P.C., LOCATED AT 3121 CLINTON STREET, SUITE 5, WEST SENECA, NEW YORK, INTO THE CITY OF BUFFALO EMPIRE ZONE (ECONOMIC DEVELOPMENT ZONE)" in the Town of West Seneca, be received and filed.
    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
    Ayes: All Noes: None Motion Carried

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-8
    West Seneca, NY 14224 May 14, 2001
    Page two . . .

     

    8-B    LEGAL NOTICES

    1.    (continued)

    Supervisor Clark commented on the importance of the City of Buffalo retaining its economic health and viability and stated that he did not want to handcuff a West Seneca company if they wanted to locate there. Although he was sorry to see DiDonato Associates move, he hoped that it would create more opportunity for new relations and associates as the area grew. Supervisor Clark also wanted to cooperate with Mayor Masiello and the City as they tried to strengthen their eroding tax base and commercial base. He thought they had to look beyond the boundaries of the town and look at what was best for the area.

    Councilman Graber questioned where the new office would be located and the benefits of the economic development zone.

    A representative from DiDonato Associates stated that their new office would be on Main Street in the City of Buffalo and they would be purchasing the building. A sales tax abatement and property tax abatement were the primary benefits of the economic development zone, but there was no benefit on the utilities because they were not a new business. The business was located in West Seneca for almost six years, but 70 percent of their client base was various state agencies, Erie County, and the City of Buffalo and they wanted to locate closer to their clients.

    Councilman Graber thought that the fact that DiDonato Associates was purchasing the building showed that they were serious about and committed to helping revive the City of Buffalo.

    No comments were received from the public.

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
    Ayes: All Noes: None Motion Carried

    Motion by Supervisor Clark, seconded by Councilman Graber, to adopt the attached resolution allowing the relocation of DiDonato Associates, P.E., P.C., located at 3121 Clinton Street, Suite 5, West Seneca, New York, into the City of Buffalo Empire Zone (Economic Development Zone).
    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 HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF AMENDMENTS TO THE ORDINANCE OF THE TOWN OF WEST SENECA REGULATING VEHICLES AND TRAFFIC AS FOLLOWS: ADDITION OF ARTICLE XIII - FRENCH QUARTER PARK REGULATIONS" in the Town of West Seneca, be received and filed.
    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
    Ayes: All Noes: None Motion Carried

    Councilman Graber stated that prior to August 2000, the West Seneca Police Department had no authority to enforce any traffic violations occurring on privately owned streets. The French Quarters Homeowner's Association and many other associations pursued this with the state legislature for many years and were finally able to impress upon the legislature and Governor the importance of this issue. In August 2000, Governor Pataki passed a law that allowed municipalities, after adoption of an ordinance, to enforce various vehicle and traffic laws as delineated by the ordinance.

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-8
    West Seneca, NY 14224 May 14, 2001
    Page three . . .

    8-B   LEGAL NOTICES

    2.    (continued)

    Leroy Herkey, 182 Burgundy Circle, President of the French Quarters Mobile Park Homeowner's Association, stated that the mobile home park consisted of 216 homes and approximately 400 residents. He noted that the roads were not as wide as normal town roads and there were no sidewalks, but there were stop signs at the entrance to the park and at the intersections within the park and 10 m.p.h. speed limit signs posted. Mr. Herkey commented on the problems they had with speeding within the park and stop sign and no parking violations. He stated that the owner of the park, Greg Piotrowski, submitted a letter to Police Chief Gehen giving permission and authorization for the police to enforce any and all speeding and/or other violations. Mr. Piotrowski also agreed to change the park speed limit from 10 m.p.h. to 15 m.p.h. so the police would be able to enforce it. The final step was adoption of an ordinance that outlined traffic regulations in the park. Mr. Herkey asked for the board's support in adopting the proposed ordinance, which would increase the safety of the park residents.

    Supervisor Clark questioned if the no parking issue required a separate public hearing and local law.

    Deputy Town Attorney Bill Bond stated that 115-67 of the proposed ordinance prohibited parking in any fire lane or area marked "No Parking" or on any roadway in the park from 11 P.M. to 7 A.M. November 15 to March 15. He thought that a separate public hearing might be necessary and would speak with Town Attorney Tim Greenan regarding this.

    Councilman Graber stated that their intent was to include everything in the proposed ordinance since this was private property. He did not believe it was not the same as the town banning parking on other publicly owned roadways.

    Mr. Bond stated that the intent of the ordinance was to allow the rules of the road that operate elsewhere to be used within the mobile home park. He was not certain if a separate public hearing was needed, but noted that it would not affect any motion to approve this ordinance.

    Chief Gehen stated that he had reviewed the proposed ordinance and thought it was very extensive. He agreed with the residents of the French Quarters that speeding and other violations imposed a safety problem that should be addressed. His department would enforce the laws when given the authority to do so.

    Councilman Osmanski congratulated the homeowners association for their advocacy and lobbying with the state. It was a lot of work that most people would not go through for their rights. Councilman Osmanski also thanked Councilman Graber and Town Attorney Tim Greenan for assisting the homeowners on this issue.

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Councilman Osmanski, to adopt amendments to the ordinance of the Town of West Seneca regulating vehicles and traffic as follows: addition of Article XIII - French Quarter Park Regulations.
    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    3.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 44 DYKE ROAD, BEING PART OF LOT NO. 360, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S)M, FOR STORAGE OF LIMOUSINES AND AUTO SALES" in the Town of West Seneca, received and filed.       (Michael J. Smith)

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-8
    West Seneca, NY 14224 May 14, 2001
    Page four . . .

     

    8-B   LEGAL NOTICES

    4.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1600 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 397, CHANGING ITS CLASSIFICATION FROM R-60A TO C-2(S), FOR SERVICE OF ALCOHOLIC BEVERAGES" in the Town of West Seneca, received and filed.       (YMCA of Greater Buffalo)

    8-C   COMMUNICATIONS

    1.   Supervisor Clark re Erie County Legislature redistricting

    Motion by Supervisor Clark, seconded by Councilman Graber, that the West Seneca Town Board opposes the present redistricting/reapportionment plan for Erie County legislative districts as currently passed by the Erie County Legislature.

    On the question, Supervisor Clark stated that the Erie County Legislature recently voted on a new plan that would break up the Town of West Seneca into more than one legislative district. He did not believe this plan would serve the town well because it would lose full, single representation.

    Councilman Graber commented that the Erie County Legislature should be reducing their size by at least two legislative districts since the results of the last three or four Censuses indicated a continuous loss of population in Erie County. One of the reasons for the decrease in population was due to the cost of doing business, and County Executive Joel Giambra promised to reduce the cost of government. Councilman Graber thought that the towns were being split up in an attempt to even things out because of the loss of population. He suggested eliminating two legislative seats as an easier way of evening out the numbers without splitting the towns.
    Ayes: All Noes: None Motion Carried

    2.   Supervisor Clark re Summer Youth Training & Employment Program

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor to sign and execute the agreement with the Workforce Corporation of Buffalo and Erie County for the 2001 Summer Youth Training and Employment Program.

    On the question, Supervisor Clark commented that this was a very good program and the town was able to utilize some of the people involved in the program. He thought that this organization could be the key to turning the entire area around if they deployed underutilized and unemployed people and channeled them into good positions, including some of the newer positions opening up at the Adelphia Cable complex. Supervisor Clark noted that Councilman Graber was a board member on the Workforce Corporation of Buffalo and they were a very powerful group of people.
    Ayes: All Noes: None Motion Carried

    3.   Supervisor Clark re Memorial Day observances

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to grant permission for the West Seneca Veterans Committee to host their annual Memorial Day Parade and festivities on Monday, May 28, 2001; and further, grant permission for the West Seneca Veterans Committee to sell "Buddy Poppies" on May 24 - 26, 2001 and "White Clovers" in the month of November 2001.
    Ayes: All Noes: None Motion Carried

    4.   Supervisor Clark re St. John Vianney 5K Run/Walk

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to grant permission for St. John Vianney Church to hold their 5K Run/Walk on July 26, 2001 beginning at 6:30 P.M. on designated streets in the Town of West Seneca.
    Ayes: All Noes: None Motion Carried

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-8
    West Seneca, NY 14224 May 14, 2001
    Page five . . .

     

    8-C   COMMUNICATIONS

    5.   Council Members Graber & Wroblewski re Violations of Zoning Ordinance at former Seneca Mall

    Motion by Councilman Wroblewski, seconded by Councilman Graber, to adopt the attached resolution authorizing the Building Inspector on behalf of the Town Board to bring civil action in New York State Supreme Court to seek an injunction to enjoin any and all violations of the Zoning Ordinance or other Local Laws with regard to property around the former Seneca Mall.

    On the question, Councilman Graber stated that there were pools of standing water throughout the property and he had observed geese drinking and wading in the water. The standing water was prone to mosquito infestation, and with the continuing threat of the West Nile Virus this was a serious health concern. Councilman Graber noted that the perimeter fences were in complete disrepair and a large percentage of the fencing that separated the developed portion from the undeveloped was rotting, missing, or had fallen down. There was debris scattered throughout the property such as broken concrete, chunks of asphalt, fence posts, tires, cardboard, wood, etc. and fill was being dumped from unknown offsite sources. The lawn was not being maintained and grass and other vegetation was growing uncontrolled. The signs were in disrepair and the property was also being used as a storage area for construction material. Councilman Graber questioned Pyramid's sincerity in fully developing this property, noting that throughout the country Pyramid built large, high profile malls like the Walden Galleria and built them because they wanted to be at that location. However, since nothing had been done with the property in question, Councilman Graber did not believe that Pyramid wanted to build anything there, and since they were not from this area they did not care about the appearance of the property. He thought that if the property was owned by a local development company it would have been developed years ago. The only thing the town could do now was to enforce to the full extent of the law the zoning codes for a manufacturing zone to minimize the unsightliness.

    Councilman Wroblewski thought that Pyramid had been given enough time to clean up the property and it was time for the board to take action. They could not force Pyramid to develop the property, but they could bring the matter to State Supreme Court to make them clean up the area and eliminate the eyesore.

    Supervisor Clark commended Council Members Graber and Wroblewski for their work on this matter.
    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    6.   Town Attorney re Designation of Redevelopment Zone

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to adopt the attached resolution approving the enlargement of the ECIDA Redevelopment Zone to include all parcels with frontage on North America Drive and Ransier Drive; and further, request that the ECIDA review and approve the enlargement so as to expedite the approval of proposed economic development projects.

    On the question, Supervisor Clark stated that this would give the person who recently purchased the property the same access to ECIDA tax incentives that the rest of the industrial park had. It did not involve any additional incentives above and beyond what was normally offered. Supervisor Clark stated that he would be abstaining from voting on this motion because the company that bought the property and would be developing it was a client of an accounting firm that he had a financial interest in.
    Ayes:  (4)   Councilman Osmanski, Councilman Wroblewski, Councilman Graber, Councilman Hicks
    Noes: None
    Abstentions:  (1)    Supervisor Clark
    Motion Carried

    *APPENDICES*

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-8
    West Seneca, NY 14224 May 14, 2001
    Page six . . .

     

    8-C    COMMUNICATIONS

    7.   Town Attorney re Release of sewer easement on Evelyn Avenue

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute a release agreement to release property at 100 Evelyn Avenue (Tax ID #134.73-2-35) from the burdens of a 15' wide sanitary sewer easement to the town, which easement was recorded in Liber 6803 of Deeds at Page 159 on August 15, 1962.
    Ayes: All Noes: None Motion Carried

    8.   Town Attorney re Abandonment of Highways (Fremont Street & Aurora Avenue)

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Town Board and Superintendent of Highways to sign a Statement of Abandonment in a form approved by the Town Attorney's Office, abandoning Fremont Street and Aurora Avenue within the bounds of the property on Harlem Road that is being sold to Cooper pursuant to the board's resolution dated February 26, 2001.
    Ayes: All Noes: None Motion Carried

    9.   Town Attorney re Abandonment of Alley way between Ebenezer Drive and Main Street

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Town Board and the Superintendent of Highways to abandon the north portion of the alley way running from Ebenezer Drive to Main Street as depicted on the attached map, where said alley way adjoins property commonly known as 615 Main Street and 611 Main Street, and authorize the Supervisor to execute quit claim deeds to the adjoining landowners.
    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    10.   Town Attorney re Acceptance of deed for Sunset Creek Subdivision Phase I

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the deed to the streets in Sunset Creek Subdivision Phase I as outlined on the attached deed.

    On the question, Councilman Osmanski questioned if all the provisions of the Tree Ordinance had been addressed.

    Building Inspector Bill Czuprynski stated that he was informed of what trees would be removed, but did not know where they would be replaced. Prior to final acceptance of Phase II, they should have a plan for replacing the trees. Phase II was presently under construction and should be completed by this fall. Also, before any occupancy permits would be issued they would have to plant trees.
    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    11.   Town Engineer re Bid award for leasing a 2001 Ford Taurus

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a three-year lease for a 2001 Ford Taurus from Jim Doyle Ford, 3330 Delaware Avenue, Kenmore, NY 14217, at their low annual lease price of $3588.
    Ayes: All Noes: None Motion Carried

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-8
    West Seneca, NY 14224 May 14, 2001
    Page seven . . .

     

    8-C    COMMUNICATIONS

    12.   Town Engineer re Bid award for Plant 5 Piping Realignment Project

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the Plant 5 Piping Realignment Project, Job No. P-0105, to Kandey Company, Inc., 19 Ransier Drive, West Seneca, NY 14224, at their low unit item proposal amount of $31,186 and authorize the Supervisor to execute the contract documents.
    Ayes: All Noes: None Motion Carried

    13.   Town Engineer re Bid award for Seneca Street - Hilldale Avenue - Soccer Complex Traffic Signal Project

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the Seneca Street - Hilldale Avenue - Soccer Complex Traffic Signal Project, Job No. S-0107, to Omer Construction Co., Inc., 621 Aero Drive, Cheektowaga, NY 14225, at their low unit item proposal amount of $93,426 and authorize the Supervisor to execute the contract documents.

    On the question, Councilman Osmanski stated that Omer Construction Company had previously worked on projects within the town and had done excellent work. This was the final step in the soccer complex project and there was concern over the traffic and safety on Seneca Street. The traffic signal would be installed this year in conjunction with the reconstruction of Seneca Street.

    Town Engineer George Montz stated that they were ready to begin the project as soon as possible, but some of the work would have to wait until the county project was underway.

    Councilman Graber understood that the county was going to focus on the area of Seneca Street in front of the post office and to the east. He did not believe they were definitely going to include the area of Seneca Street near the soccer complex this year. Councilman Graber wanted to see the traffic signal installed and operational this year even if the road was not reconstructed in that area.

    Mr. Montz responded that he had spoken with the county two weeks ago and understood that this area would be included, but it was delayed because of the size of the project.
    Ayes: All Noes: None Motion Carried

    14.   Town Engineer re Bid date for sewer televising truck

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of June 4, 2001 at 10:00 A.M. for receipt of bids on a sewer televising truck for use in the Sewer Service Department, Job No. E-0111.
    Ayes: All Noes: None Motion Carried

    15.   Town Engineer re Bid date for Thorndale Avenue Revitalization Project

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of June 4, 2001 at 10:00 A.M. for receipt of bids on the Thorndale Avenue Revitalization Project, Job No. T-0101, noting that the town had received a $90,000 HUD grant for this project.
    Ayes: All Noes: None Motion Carried

     

     

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