WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2004-6
West Seneca, NY 14224 April 12, 2004

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 Lauren & Jacob Fibich.

ROLL CALL: Present -

Paul T. Clark   Supervisor
Christopher F. Osmanski   Councilman
Vincent J. Graber Jr.   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 Lenore C. Wilson, Harry B. Vandermeulen Jr. and Dorothy E. Matusick.


6-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2004-5 of March 15, 2004.

    Ayes: All Noes: None Motion Carried

  • Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve minutes from the March 16, 2004 bid opening for arts & crafts supplies.

    Ayes: All Noes: None Motion Carried


    6-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 HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 1104 SENECA CREEK ROAD, BEING PART OF LOT NO. 288, FOR A CUSTOM IMPRINTING BUSINESS" in the Town of West Seneca, be received and filed.          (Carl W. & Ann H. Brittain)

    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

    Deputy Town Attorney William Bond read the recommendation of the Planning Board: "At its March 17, 2004 meeting the Planning Board recommended approval of the request for a home occupancy permit for property located at 1104 Seneca Creek Road, being part of Lot No. 288, for Leprechaun Graphics custom imprinting business."

    Carl Brittain, 1104 Seneca Creek Road, stated his request to operate a custom imprinting business from his property. The business would be located in the barn at the rear of the property, which was 400 feet from the road. He did not believe that anyone would even realize the business was operating there. This was a family business and he would be the only employee.

    Councilman Hicks questioned how much traffic would be generated by the business and if printing presses were used.



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    West Seneca, NY 14224 April 12, 2004
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    6-B    LEGAL NOTICES

    1.    (continued)

    Mr. Brittain responded that most of his business was commercial, so there were not a lot of people stopping in. He did custom imprinting mainly for schools, sports teams, small businesses, etc. There was a very limited amount of traffic involved. Mr. Brittain stated that he did not print with inks. The imprinting was done with a computer process and he also did embroidery. There were no inks, solvents or chemicals involved.

    Councilman Osmanski questioned the amount of supplies necessary for the business and how they would be delivered.

    Mr. Brittain responded that he did not use large volumes of supplies and UPS generally only delivered two or three times each week.

    Councilman Graber noted that the home occupancy permit required an annual renewal, so if there were some problem during the year the permit could be revoked.

    Supervisor Clark stated that home occupancy permits were allowed in certain parts of the town and he commended Mr. Brittain for applying for the permit rather than operating his business without a permit. He thought that Mr. Brittain was respectful of his neighbors and had good communication with them. Supervisor Clark asked that Mr. Brittain continue to respect his neighbors because this was primarily a residential neighborhood.

    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 approve the request for a home occupancy permit for property located at 1104 Seneca Creek Road, being part of Lot No. 288, for a custom imprinting business.

    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: REMOVAL OF 115-9A(7) NO PARKING RESTRICTION ON THE EAST AND WEST SIDES OF BARNSDALE AVENUE, BETWEEN INDIAN CHURCH ROAD AND A POINT 100 FEET NORTHERLY THEREFROM" 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

    Town Attorney Tim Greenan advised that the Traffic Committee had recommended removal of the parking restriction on the east and west sides of Barnsdale Avenue between Indian Church Road and a point 100 feet northerly there from.

    Councilman Osmanski stated that there used to be a bus stop at this location, but the bus stop was no longer located there.



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    6-B    LEGAL NOTICES

    2.    (continued)

    No comments were received from the public.

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

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Osmanski, seconded by Councilman Graber, to amend the ordinance of the Town of West Seneca regulating vehicles and traffic as follows: removal of 115-9A(7) no parking restriction on the east and west sides of Barnsdale Avenue between Indian Church Road and a point 100 feet northerly there from.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*


    6-C   COMMUNICATIONS

    1.   Supervisor Clark re Extension of deadline for payment of real property tax by deployed military personnel

    Motion by Councilman Osmanski, unanimous second, to adopt the attached resolution extending the deadline for payment of real property tax by deployed military personnel.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2.   Supervisor Clark re Memorial Day observance

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission to the West Seneca Veterans Committee to host their annual Memorial Day Parade and festivities on Monday, May 31, 2004, noting that the Gardenville Memorial Service will be held at 9:00 A.M. with the second ceremony commencing with the parade assembly in the Southgate Plaza parking lot at 10:00 A.M. and step-off at 10:30 A.M.; and further grant permission for the West Seneca Veterans Committee to sell "Buddy Poppies" on May 27-29, 2004 and "White Clovers" in the month of November 2004.

    Ayes: All Noes: None Motion Carried

    3.   Town Attorney re Community Development Block Grant Project agreement

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the Supervisor to execute the Community Development Block Grant project agreement between the County of Erie and the Town of West Seneca for the program year 2004 -2005, noting that this agreement administers the town's CDBG award for the Savona Street Sidewalk Reconstruction Project.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 April 12, 2004
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    6-C   COMMUNICATIONS

    4.   Town Attorney re WNY Umpires' Association agreement

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the Supervisor to execute the 2004 agreement between the Town of West Seneca and the Western New York Umpires' Association at a cost of $34 per umpire, per game officiated, noting that this is the same cost as last year.

    Ayes: All Noes: None Motion Carried

    5.   Town Engineer re Replacement body for truck #56

    Motion by Councilman Osmanski, seconded by Councilman Graber, to award the replacement body work for truck #56 to T-W Truck Equippers, Inc, 590 Elk Street, Buffalo, New York 14210, at their low proposal amount of $6250.

    Ayes: All Noes: None Motion Carried

    6.   Town Engineer re Purchase of 2004 GMC pickup truck & plow

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of a 2004 GMC 4 x 4 pickup truck and plow from Jim Ball Pontiac Buick GMC, 3475 Southwestern Blvd., Orchard Park, NY 14127 at a cost of $24,220.00, noting that this truck will replace Truck #8 in the Sewer Service Department.

    Ayes: All Noes: None Motion Carried

    7.   Town Engineer re Bid date for Savona Street Reconstruction Project

    Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of May 10, 2004 at 10:00 A.M. for receipt of bids on the Savona Street Reconstruction Project, Job No. S-0403, noting that the town has a $90,000 grant from HUD for use on the project.

    Ayes: All Noes: None Motion Carried

    8.   Town Engineer re Bid date for Harwood Road, Tobey Hill Drive & Cheryl Road Reconstruction Project

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of May 17, 2004 at 10:00 A.M. for receipt of bids on the Harwood Road, Tobey Hill Drive, and Cheryl Road Reconstruction Project, Job No. H-0402.

    Ayes: All Noes: None Motion Carried

    9.   Town Engineer re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of the following vouchers for the Engineering Department:

    Dukes' Sales & Service Inc. (foaming root control service on sewers)    $3500.00
    URS Corporation (discharge monitoring reports)              $3205.00
    MVR Service, Inc. (parts & labor on sewer truck)              $1805.60

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 April 12, 2004
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    6-C    COMMUNICATIONS

    10.   Highway Supt. re Title change for Mike Kelchlin to Highway Laborer

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Mike Kelchlin as Working Crew Chief and appoint Mike Kelchlin as Highway Laborer, Step 5, at a rate of $19.06 per hour effective March 22, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    11.   Highway Supt. re Title change for Daryl Krawczyk to Highway HEO

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Daryl Krawczyk as Highway MEO and appoint Daryl Krawczyk as Highway HEO, Group 5, Step 5, at a rate of $20.05 per hour effective March 29, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    12.   Highway Supt. re Title change for Scott Cooke to Highway MEO

    Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Scott Cooke as Highway Laborer and appoint Scott Cooke as Highway MEO, Group 2, Step 5, at a rate of $19.36 per hour effective March 29, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    13.   Highway Supt. re Title change for Ronald Stacey & Leo Kogler to Highway Laborers

    Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Ronald Stacey and Leo Kogler as Sanitation MEO's and appoint Ronald Stacey and Leo Kogler as Highway Laborers, Group 1, Step 1, at a rate of $18.10 per hour effective March 29, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    14.   Highway Supt. re Title change for Jeffrey Bunn to Sanitation MEO

    Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Jeffrey Bunn as Sanitation Laborer and appoint Jeffrey Bunn as Sanitation MEO at a rate of $14.92 per hour effective April 12, 2004 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 Termination of John Melling as Sanitation Alternate

    Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate John Melling as Sanitation Alternate effective April 12, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 April 12, 2004
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    6-C    COMMUNICATIONS

    16.    Highway Supt. re Status change for Sanitation Alternates to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following Sanitation Alternates from part-time to part-time seasonal effective April 12, 2004:

    Matthew Flaherty Kevin May
    William Brown Philip Steffen
    Robert Finnegan      John Kelly
    Mark LaPenta Darryl Blackchief
    Scott Funk Mike Betti
    Jason Krawczyk  

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

    Ayes: All Noes: None Motion Carried

    17.    Highway Supt. re Status change for Bldgs. & Grounds laborers to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of the following part-time laborers in the Buildings & Grounds Department to part-time seasonal effective April 12 - September 25, 2004:

    James Cochrane William Rieman
    Harold Schwartz Joe Billittier
    Rick Mingle David Sadowski
    James McParlane     Chris Caruana
    Ryan Kelley Robert Kaminski

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

    Ayes: All Noes: None Motion Carried

    18.   Highway Supt. re Perfect Attendance Bonus for part-time laborers at Ice Rink

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a Perfect Attendance Bonus of $.50 per hour to the following part-time laborers at the Ice Rink:

    Robert Kaminski - 403 hrs.
    Timothy Weixlmann - 368 hrs.
    Christopher Moonan - 343 hrs.
    Tom Oleski - 791 hrs.
    Jim McParlane - 527 hrs.
    Richard Mingle - 464 hrs.
    Ryan Kelley - 484 hrs.
    David Sadowski - 445 hrs.

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

    Ayes: All Noes: None Motion Carried


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    West Seneca, NY 14224 April 12, 2004
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    6-C    COMMUNICATIONS

    19.   Highway Supt. re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1790 to Great Plate for replacement windows at the West Seneca Library and $4055.40 to Dell Marketing for computer hardware and software at the Highway Department.

    Ayes: All Noes: None Motion Carried

    20.   Chief Gehen re Attendance of Officers Bloom, Baker, Gibbons & Morano at D.A.R.E. training conference

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Officers Dennis Bloom, Edward Baker, James Gibbons, and Kenneth Morano to attend the NYS Dare Officers Association 15th Annual Training Conference in Saratoga Springs, New York, April 25 - 28, 2004 at a cost not to exceed $1714.

    Ayes: All Noes: None Motion Carried

    21.   Chief Gehen re Attendance of Lt. Radwan at Ejustice training & NYS Cyber Security conference

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Lt. John Radwan to attend the Ejustice Training Class and NYS Cyber Security Conference in Albany, New York, April 19 - 23, 2004 at a cost not to exceed $982.20.

    Ayes: All Noes: None Motion Carried

    22.   Chief Gehen re Attendance of Det. Connors & Lt. Urbanski at C.A.L.E.O. information sharing conference

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Detective Daniel Connors and Lt. John Urbanski to attend the Canadian American Law Enforcement Organization (C.A.L.E.O.) Annual International Information Sharing Conference at the Brock Plaza Hotel, 5685 Falls Avenue, Niagara Falls, Ontario, Canada, May 4 - 6, 2004 at a cost not to exceed $395.

    Ayes: All Noes: None Motion Carried

    23.   Chief Gehen re Attendance of Officers May & Comerford at Traffic Safety conference

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Officers Kenneth May and Timothy Comerford to attend the Empire State Law Enforcement Traffic Safety Conference in Colonie, New York, April 27 - 28, 2004 at a cost not to exceed $288.

    Ayes: All Noes: None Motion Carried

    24.   Chief Gehen re Grant application for Buckle Up New York

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the grant application to the Governor Traffic Safety Council (GTSC) for Buckle Up New York (BUNY) during the period of October 1, 2004 through September 30, 2005 in the amount of $13,170.40 to enforce safety restraint violations throughout various specified time frames during the grant period.

    Ayes: All Noes: None Motion Carried



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