WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2001-17
West Seneca, NY 14224 November 26, 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 led by Webelos Den 1, Pack 618, Den Leader Karen Tangelder, Asst. Den Leader Patti Najm, Den Chief Robbie Panek, and Webelos scouts Julian Baczkowski, Kevin Bowers, Brendon Najm, Daniel Schnurstein, Tyler Tangelder, and Matthew Wojtanik.

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 Eleanore M. Rittling, Joseph F. Pruski, Linda L. Root, James "Jake" Bratek and David E. Boechel, Jr.

17-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2001-16 of November 12, 2001. Ayes: All
    Ayes: All Noes: None Motion Carried
  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the November 8, 2001 public hearing for the 2002 Special Districts & Preliminary Budget.
    Ayes: All Noes: None Motion Carried

    17-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 AMENDMENTS TO THE ORDINANCE OF THE TOWN OF WEST SENECA REGULATING VEHICLES AND TRAFFIC AS FOLLOWS: ADDITION OF 115-9A PARKING PROHIBITED IN DESIGNATED LOCATIONS - (155) ON THE EAST SIDE OF AURORA AVENUE FROM ARCADE STREET SOUTH TO THE END & (156) IN THE CUL-DE-SAC ON PARK LANE; DELETION OF 115-9A PARKING PROHIBITED IN DESIGNATED LOCATIONS - (51, 99 & 100) ON THE SOUTH, EAST & WEST SIDE OF PARK LANE" 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 Osmanski stated that Park Lane was reconstructed this year so the parking prohibition was no longer required on the south, east and west side. However, prohibiting parking on the cul-de-sac on Park Lane would enable the snowplows to turnaround.

    Supervisor Clark questioned if Town Engineer George Montz was in agreement with the changes to the ordinance for Park Lane and Aurora Avenue.

    Mr. Montz responded that a letter was received from a Park Lane resident regarding the parking situation and requesting some street lighting, and he was in agreement with the changes. Mr. Montz stated that he was not involved with the parking on Aurora Avenue.

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-17
    West Seneca, NY 14224 November 26, 2001
    Page two . . .

    17-B    LEGAL NOTICES

    1.    (continued)

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to adopt amendments to the ordinance of the Town of West Seneca regulating vehicles and traffic as follows: addition of 115-9A Parking Prohibited in Designated Locations - (155) on the east side of Aurora Avenue from Arcade Street south to the end & (156) in the cul-de-sac on Park Lane; deletion of 115-9A Parking Prohibited in Designated Locations - (51, 99 & 100) on the south, east & west side of Park Lane, in the Town of West Seneca.

    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 A PETITION FOR CREATION OF A LIGHTING DISTRICT IN WOLINS WOODS SUBDIVISION TO BE KNOWN AS ELECTRIC LIGHTING DISTRICT NO.59" in the Town of West Seneca, be received and filed.

    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

    Deputy Town Attorney Bill Bond advised that Assessor Ed Hummel had received the required signatures for creation of this lighting district.

    Supervisor Clark stated that Wolins Woods was a new subdivision in the Town of West Seneca that ran off of Westgate Blvd. near the intersection of Reserve Road. The property owners within the subdivision had requested their own electric lighting district. The town would install the lights and a special taxing district would be established to charge the residents of the subdivision for the cost of the lighting.

    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 Wroblewski, to create a lighting district in Wolins Woods Subdivision to be known as Electric Lighting District No. 59.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    3.   Proofs of publication and posting of legal notice: "OF THE ADOPTED BENEFIT BASIS BUDGET (SPECIAL DISTRICTS) AND AD VALOREM BUDGET (GENERAL TOWN BUDGET) FOR THE PERIOD JANUARY 1, 2002 THROUGH DECEMBER 31, 2002" in the Town of West Seneca, received and filed.

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-17
    West Seneca, NY 14224 November 26, 2001
    Page three . . .

    17-C    COMMUNICATIONS

    1.   Supervisor Clark re Support for application to NYS Barns Restoration & Preservation Program

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to support Brian Doster's application for state aid under the New York State Barns Restoration and Preservation Program.

    On the question, Supervisor Clark stated that Mr. Doster had previously applied for this grant and the town had forwarded a letter in support of his request. He suggested that this time they adopt a resolution in support of his efforts to restore and preserve a very nice, old barn.

    Ayes: All Noes: None Motion Carried

    2.   Supervisor Clark re Reappointment of Joseph Kleinfelder to Zoning Board of Appeals

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to reappoint Joseph W. Kleinfelder to a five-year term on the West Seneca Zoning Board effective November 24, 2001 through November 23, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    On the question, Supervisor Clark stated that Mr. Kleinfelder was Chairman of the Zoning Board and had done an exemplary job in representing the town. He visited each of the properties in question and spoke with the neighbors and Supervisor Clark appreciated his continued efforts on behalf of the town.

    Ayes: All Noes: None Motion Carried

    3.   Town Engineer re Wolins Woods Subdivision, final acceptance

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to accept the Wolins Woods Subdivision (Sublot Nos. 1 - 22) completed by David E. Ogiony Development Company, Inc., 500 Bullis Road, West Seneca, NY 14224 under Public Improvement Permit No. 01-01.

    Ayes: All Noes: None Motion Carried

    4.   Town Engineer re Sunset Creek Court Subdivision, Phase II, final acceptance

    Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the Sunset Creek Court Subdivision, Phase II (Sublot Nos. 23 - 79) completed by Cimato Bros. Construction, Inc., 9220 Transit Road, East Amherst, NY 14051 under Public Improvement Permit No. 00-03.

    Ayes: All Noes: None Motion Carried

    5.   Town Engineer re NYSEG street lighting proposal for Park Lane

    Motion by Councilman Osmanski, seconded by Supervisor Hicks, to approve NYSEG street lighting proposal dated 11/19/01 for a total annual increase of $115.37 to the General Lighting District for adding one 70-watt hps luminaire on Park Lane near the turnaround.

    Ayes: All Noes: None Motion Carried

    6.   Town Engineer re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1557.40 to John L. Peterson Plumbing & Heating and $4970 to M.R. Simoncelli Electric, Inc. for work at the Cazenovia Creek pump station.

    Ayes: All Noes: None Motion Carried

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-17
    West Seneca, NY 14224 November 26, 2001
    Page four . . .

    17-C    COMMUNICATIONS

    7.   Highway Supt. re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of the following vouchers for the Highway Department:

    Triple S Construction (grinding stumps & wood)     $2062.50
    Triple S Construction (grinding stumps & wood)     $2062.50
    Triple S Construction (grinding stumps & wood)     $1787.50
    Triple S Construction (grinding stumps & wood)     $1306.25
    PVD Landscaping (work at Centennial diamond)     $2250.00
    Triple S Construction (grinding stumps & wood)     $2131.25
    Triple S Construction (grinding stumps & wood)     $1375.00

    Ayes: All Noes: None Motion Carried

    8.   Chief Gehen re Appointment of John R. Urbanski as Police Officer, Temporary

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint John R. Urbanski as Police Officer, Temporary, effective November 27, 2001 at an annual salary of $37,593 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Urbanski's appointment is contingent until the final results of medical and psychological examinations are satisfactorily completed.

    Ayes: All Noes: None Motion Carried

    9.   Chief Gehen re Reinstatement of Kevin Przybyl as part-time Public Safety Dispatcher

    Motion by Councilman Osmanski, seconded by Councilman Graber, to reinstate Kevin Przybyl as part-time Public Safety Dispatcher effective November 27, 2001 at a rate of $8.95 per hour 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 Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer request in the amount of $3000 from Various Police Equipment Acct. #01.3120.0210 to Other Expenses Acct. #01.3120.0419 ($2000) and Uniform Allowance Acct. #01.3120.0407 ($1000).

    Ayes: All Noes: None Motion Carried

    11.   Senior Citizens Supervisor re Status change for Judith Seitz to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Food Service Helper Judith Seitz from part-time to seasonal part-time effective November 26, 2001 through April 26, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    12.   Youth Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2137.50 to Beth Anzalone for her services as trainer for orientation.

    Ayes: All Noes: None Motion Carried

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-17
    West Seneca, NY 14224 November 26, 2001
    Page five . . .

    17-D   REPORTS

  • William P. Czuprynski, Plumbing Inspector's report for September & October 2001 received and filed.
  • William O'Neil, Dog Control Officer's report for August, September & October 2001 received and filed.

    PROBLEMS OF THE PUBLIC

    PARKING PROBLEM AT CLINTON STREET AND ELECTRIC AVENUE

    Stanley Walek, 126 Electric Avenue, commented on an ongoing problem with patrons of the bar at the corner of Clinton Street and Electric Avenue parking on the sidewalk. A few years ago Councilman Wroblewski and Supervisor Clark had both witnessed this situation and had the cars removed, but the problem continues. Mr. Walek stated that the previous owners of the bar kept the property clean and well maintained, but the current owner did not. He commented on incidents that occurred recently with vehicles blocking the road and noted that it would be difficult for emergency vehicles to respond to any call on Electric Avenue. Mr. Walek further stated that on November 5th the Highway Department removed the "No Parking" sign at the corner on the west side of Electric Avenue. He questioned why the sign was removed after being there for 60 years. Mr. Walek presented a picture of the parking situation and hoped that it could be corrected before the winter weather came because the snow would make it even more hazardous to pull out onto Clinton Street.

    Supervisor Clark stated that he would contact Highway Supt. Pat Finnegan to find out why the "No Parking" sign was removed. He further asked Chief Gehen for suggestions on how to resolve this situation.

    Chief Gehen suggested that Mr. Walek contact the Police Department whenever he saw a vehicle parked in front of the bar or blocking the sidewalk, and they would come out and ticket the vehicle. They could also talk with the bar owner and have her tell the patrons not to park there.

    FLOODING PROBLEM ON LORRY DRIVE

    Joan Cramer represented her mother who resided at 17 Lorry Drive and commented on an ongoing problem for over 30 years with her basement flooding. The house was built in 1965 and her mother did not experience any flooding problems until the apartments were built at 1240 - 1250 Center Road and the parking lots were placed adjacent to her property. In the early 1970's she and a number of neighbors started experiencing sewer problems and went before the Town Board to report their problem. The Town Board told them that they were aware of the inefficiency of the storm sewers and there would be no further development in the area until they could remedy the situation. The sewer system was supposed to be upgraded before any additional development was allowed, but the surrounding area continued to be developed without any change to the sewer system. In 1979, Mrs. Cramer's mother had a manual shut-off valve installed in her basement at a cost of $500. Whenever it rained she had to go into the basement and turn off the valve and prevent any water from going down the drains. The basement was flooded several times with sewage water and many possessions were lost over the years. The last flood occurred on October 26th and there was 17 inches of sewage water in her basement and $5000 damage. Mrs. Cramer asked that the town do something to resolve this situation.

    Town Engineer George Montz stated that his department had received a number of calls with the tremendous amount of rain that occurred over a two-day period in October. A lot of the water in the sanitary system was due to the street flooding, which was caused by a problem with the county storm system along Center Road. He had contacted the county again regarding that problem and offered to have someone visit Mrs. Cramer's mother to review her problem.

    Supervisor Clark directed Mr. Montz to contact the county and inform them of the problems the storm system was creating for the residents. He also asked that Mr. Montz and his department do a field investigation to determine what could be done to resolve the problem.

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-17
    West Seneca, NY 14224 November 26, 2001
    Page six . . .

    PROBLEMS OF THE PUBLIC

    PARKSIDE DRIVE AND SOCCER COMPLEX

    Diane Siminski, 44 Parkside Drive, spoke on behalf of the Southgate Homeowner's Association and thanked the board members for the efforts being made to help remedy the situation with the soccer complex. Mrs. Siminski questioned the purpose of the mound and manhole cover at the far end of the complex by the creek.

    Town Engineer George Montz advised that this was a sanitary sewer manhole and he had asked that the asphalt millings be removed and the area be seeded for aesthetic purposes and for access.

    Councilman Osmanski stated that there was a series of five or six mounds along the property every 150 to 200 feet where manhole covers were located. These were elevated so if the property flooded the water would not get in the sanitary trunk line.

    Mrs. Siminski questioned if a stationary pump was being installed for the Parkside Drive problem.

    Mr. Montz stated that at the end of Parkside Drive there was a flood control chamber on the storm sewer system and they were installing a submersible pump. The pump would run automatically to maintain the levels in the storm sewer system when they had to close the gates because of an ice jam.

    LEASH LAW IN SOCCER COMPLEX

    Diane Siminski, 44 Parkside Drive, questioned if there was a leash law in West Seneca that prevented dogs from running free in a park. A number of people would take their dogs to the soccer complex on weekends and unleash them, and Mrs. Siminski questioned if this was permitted.

    Supervisor Clark responded that there was a leash law in town and dog owners were not permitted to let their dogs run loose in the soccer complex. He suggested that Mrs. Siminski report any incidents to the Dog Control Officer on weekdays or the Police Department on weekends.

    Councilman Osmanski noted that a sign at the entrance to the soccer complex advised visitors that their dogs should be leashed.

    UPDATE ON SNOW REMOVAL ON SIDEWALKS

    Jeanette Pettibone, 179 Ehinger Drive, questioned the status of the issue involving snow removal on the sidewalks along Union Road. The committee had met once in the second week of November and Town Attorney Tim Greenan had told them that they would meet again soon.

    Councilman Wroblewski had spoken with Mr. Greenan this morning and understood that part of the meeting dealt with the possibility of the town removing some of the snow. Mr. Greenan was going to meet with Highway Supt. Pat Finnegan to determine the cost of the equipment and other cost factors. He would be calling another meeting when all the information was collected and also report his findings to the Town Board members.

    Mrs. Pettibone questioned who would be responsible for clearing the sidewalks if a snowstorm were to hit before they developed a solution to the problem.

    Deputy Town Attorney Bill Bond stated that the amendment to the ordinance was never passed, so the existing ordinance was still in effect.

     

    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2001-17
    West Seneca, NY 14224 November 26, 2001
    Page seven . . .

    PROBLEMS OF THE PUBLIC

    SNOW REMOVAL ON PINEWOOD DRIVE CUL-DE-SAC

    Justin Murphy, 145 Pinewood Drive, had written a letter to Supervisor Clark regarding snow removal at his home on the cul-de-sac of Pinewood Drive. The cul-de-sac was approximately 60' diameter and the wind blew the snow and leaves into the end of his driveway. This created a hazardous situation for Justin getting on and off the school bus and his brother and sister had fallen often. The school bus was unable to get close enough to the driveway because of the snow. Supervisor Clark had responded to Justin's letter and stated that he would forward a copy of it to Highway Supt. Pat Finnegan. Justin questioned if they had come up with any solution to his problem.

    Supervisor Clark stated that he had spoken to Mr. Finnegan about this situation and he would be assigning a supervisor to watch the area and make sure it stayed clear of snow. There was some smaller equipment on ton pickups that could be more vigilant and do the clearing.

    Justin's father, Timothy Murphy, noted that there were two open lots on the west cul-de-sac and suggested that these be used to pile the snow.

    Councilman Osmanski suggested that Mr. Murphy call the Highway Department after the first few snowfalls if the snow bank was not plowed back far enough. That way it would not continue to get built up throughout the winter.

    Supervisor Clark stated that Mr. Finnegan intended to visit Mr. Murphy and Justin personally to try to resolve the situation.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    SEASONAL PART-TIME STATUS FOR MELISSA HENDER

    Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Senior Clerk Melissa Hender from part-time to seasonal part-time effective December 1, 2001 through January 31, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    CONGRATULATIONS ON APPOINTMENT OF OFFICER URBANSKI

    Councilman Wroblewski congratulated Officer John Urbanski on his appointment to the West Seneca Police Department, noting that he had been with the Erie County Sheriff's Department for two years.

    Chief Gehen also welcomed Officer Urbanski who he thought would be an excellent addition to the Police Department.

    2002 HISTORICAL CALENDAR

    Town Clerk Patricia Wisniewski announced that the 2002 Town of West Seneca historical calendar was now available. The calendar was dedicated to all firemen, police, and emergency personnel in light of the tragedy that occurred on September 11th.

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:35 P.M.

    Ayes: All Noes: None Motion Carried

    PATRICIA C. WISNIEWSKI, RMC/CMC

    TOWN CLERK