West Seneca Town Board Meeting Minutes 03/26/2007
Deputy Supervisor Craig J. Hicks 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 -
Absent - Paul T. Clark, Supervisor
Deputy Supervisor Hicks 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 Helen C. Hauger, Patrick J. Pruski, Marjorie P. Matthews, Ann E. Klenk and Lawrence R. Budzynski, Jr.
4-A MINUTES TO BE APPROVED
4-B LEGAL NOTICES
1. Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS AND, IF NEED BE, ACT UPON LOCAL LAW NO. 3 OF THE YEAR 2007, ENTITLED ‘BUILDING CONSTRUCTION’” in the Town of West Seneca, be received and filed.
Motion by Deputy Supervisor Hicks, seconded by Councilman Osmanski, to open the public hearing.
Deputy Town Attorney Paul Notaro stated that Local Law No. 3 of the year 2007 involved an amendment to the administration and enforcement of the New York State Uniform Fire Prevention and Building Code. In the past few years there were updates to the Uniform Fire Prevention Act and the Uniform Building Code. Adoption of this amendment will ensure that the Building & Plumbing Department has all available resources for issuing permits, enforcing the Uniform Fire Prevention and Building Code, and being able to stop work in the event of violations of the code.
No comments were received from the public.
Motion by Deputy Supervisor Hicks, seconded by Councilman Osmanski, to close the public hearing.
4-B LEGAL NOTICES
1. Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, to adopt Local Law No. 3 of the year 2007, entitled “Building Construction” in the Town of West Seneca.
1. Supervisor Clark re Kiwanis Club Arts & Crafts Festival
Motion by Councilman Osmanski, seconded by Councilman Bove, to grant permission for the West Seneca Kiwanis Club to hold their annual Arts & Crafts Festival, July 13 – 15, 2007, 6:00 A.M. until 6:00 P.M. each day on Town Hall grounds, including the grass area in front of Town Hall and the Library from Main Street to Legion Drive, the grass area outside the baseball diamond fence in front of the Lions Bandshell, and the parking facilities behind the Town Hall and in front of the Ice Rink.
2. Councilmember Bove & Graber re Support for new law ‘Computer Sex Crimes Against Children’
Motion by Councilman Graber, seconded by Councilman Bove, to adopt the attached resolution in support of Bill A-12114 in the New York State Assembly to enact a new law, Article 495, ‘Computer Sex Crimes Against Children,’ making it a separate crime to use the Internet to commit a sex crime against a child and deem such crime to be subject to a more severe criminal penalty.
On the question, Councilman Bove commented on the Dateline NBC specials, “To Catch a Predator,” and the use of the Internet by sexual predators to commit crimes against children. She thought this was an excellent bill sponsored by Assemblyman Mark Schroeder.
Councilman Graber noted that one of the individuals caught was an Assistant District Attorney, and there were also rabbis and lawyers. He thought it was important to send a message to the state legislature that these heinous crimes should be dealt with swiftly and severely.
3. Town Attorney re Extension of agreement with EM Risk Management
Motion by Councilman Osmanski, seconded by Councilman Graber, to extend the professional service agreement with EM Risk Management for worker’s compensation administrative services at an annual cost of $18,200.00, noting that this is the same cost as the previous four contract years.
4. Town Attorney re Inclusion of Multisorb Technologies in Buffalo Empire Zone
Motion by Councilman Osmanski, seconded by Councilman Graber, to adopt the attached resolution supporting and concurring with the City of Buffalo to include 325 Harlem Road, SBL #134.05-2-10.11 in the Town of West Seneca into the Buffalo Empire Zone.
On the question, Councilman Bove commented on the importance of supporting local manufacturing, especially in the area of job creation, and any expansion they would do.
Councilman Hicks recognized Multisorb Technologies President Mark Celmer who was present at the meeting and commented that Multisorb was a great corporate neighbor and employer. The town was fortunate to have them in the community.
Councilman Graber was happy that Multisorb Technologies was able to benefit from the Buffalo Empire Zone and remain within the Town of West Seneca.
5. Town Engineer re Bid date for Wenro Place & Forrestal Lane reconstruction project
Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, to set a bid date for April 16, 2007 at 10:00 A.M. for receipt of bids on the Wenro Place & Forrestal Lane Reconstruction Project, Job No. W-0601, noting that the town has a $90,000 HUD grant for use on this project.
6. Highway Supt. re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3217.50 to Saia Communications Inc. for portable radios and $2611.40 to Northeast Mechanical Inc. for service at the Highway Department.
7. Chief Gehen re Termination of part-time Crossing Guards
Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, to terminate the following part-time Crossing Guards that did not accept their duties since their effective date:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Chief Gehen re Attendance of Capt. Daley & Det. McMahon at Magloclen conference
Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Captain Jack Daley and Detective Mark McMahon to attend the Magloclen training conference in Grand Rapids, Michigan, April 2 – 6, 2007 at a cost not to exceed $850.00, noting that transportation, tolls, parking & hotel expenses are covered by the Magloclen organization.
9. Chief Gehen re Attendance of officers at Law Enforcement Traffic Safety conference
Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, to authorize Lieutenants Dave Szmania and Edward Baker along with Police Officers Ken May, Dan Szymanski, Bill Leitzel and James Gibbons to attend the annual Law Enforcement Traffic Safety conference in Saratoga Springs, New York, April 18 – 19, 2007 at a cost not to exceed $924.
10. Comptroller re Extension of leave of absence for Linda Kauderer
Motion by Councilman Osmanski, seconded by Councilman Graber, to extend the leave of absence for Linda Kauderer from her Account Clerk/Mini Computer Operator position effective March 28, 2007 through March 28, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Recreation Director re Bid award for arts & crafts supplies
Motion by Councilman Osmanski, seconded by Councilman Bove, to award the bid for arts & crafts supplies as follows:
S & S Worldwide $3982.49
J & A Handy Crafts $ 731.00
12. Youth Director re Resignation of Paulette Krakowski as Youth Services Program Coordinator PT
Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Paulette Krakowski, and terminate her as part-time Youth Services Program Coordinator for the Charles E. Burchfield Nature & Art Center effective March 6, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Youth Director re Appointment of James Rathmann as Youth Services Program Coordinator PT
Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, to appoint James Rathmann, as part-time Youth Services Program Coordinator for the Charles E. Burchfield Nature & Art Center effective March 6, 2007 at a rate of $12 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Youth Director re Vehicle rental agreement
Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, to approve a vehicle rental agreement between the West Seneca AmeriCorps and One Fleet Source LLC for five (5) 2006 used Chevrolet 12-passenger vans to be used for a total of ten (10) weeks for National Emergency Grant Recovery to assist in the recovery from extensive devastation caused by the unprecedented October 2006 snow storm, noting that monies have been appropriated through an agreement between the Buffalo & Erie County Workforce Development Consortium, Inc. and the payment terms are as follows: $4800 billed on March 19, 2007 and April 19, 2007 with final payment of $2400 billed on May 19, 2007.
15. Youth Director re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $5000 to IEvolve, Inc. for retainer renewal and $3147.56 to Hodgson’s Pool Sales for chain saws, chains and oil used in connection with the emergency recovery grant.
ISSUES OF THE PUBLIC
DRAINAGE ISSUE ON MINERAL SPRINGS ROAD
Kathy Kellogg, 550 Mineral Springs Road, stated that she lives in front of the town’s compost pile and is in favor of the compost because it is good for the environment, but in the last few years it has caused the drainage at her house to be cut off and her yard is starting to flood badly.
Highway Supt. Patrick Finnegan stated that he was aware of this drainage issue that was partially caused by some of the compost being moved to the lower area of the site when the parking lot drainage was repaired. Most recently, everything that was brought in from the October storm cleanup was piled in the front of the site, but this will all be moved out and the drainage should then be straightened out.
ISSUES OF THE PUBLIC
OPPOSITION TO PROPOSED WAL-MART ON MINERAL SPRINGS ROAD
Robert Watroba, 315 Casimer Street, commented on the proposed Wal-Mart to be located on Mineral Springs Road and stated his strong opposition to the project due to flooding issues.
Town Attorney Timothy Greenan stated the property on Mineral Springs Road was zoned properly for a Wal-Mart store, so they did not have to go before the Town Board for any approvals. However, they had applied to the Zoning Board of Appeals for a variance and interpretation of the statute. They also would be required to obtain a flood plain permit to develop the site and would be subject to the New York State Environmental Quality Review Act (SEQRA). The Town Engineer and Code Enforcement Officer will need to review the plan along with the New York State Department of Environmental Conservation, Army Corps of Engineers, and County of Erie. Mr. Greenan stated that Wal-Mart had withdrawn their application to the Zoning Board of Appeals because they had not come up with a plan that addressed the flooding issue in a manner that was satisfactory to Town Engineer George Montz.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
UPDATE ON GASLIGHT CONVERSION PROJECT
Councilman Graber commented on the gaslight conversion project and noted that all the lights were working. He asked that residents who see any lights out anywhere in town report them to the Highway Department and they will contact NYSEG or Niagara Mohawk.
Councilman Hicks stated that whenever a project of this magnitude is taken on, there will always be problems and residents that do not have the confidence that it will be done properly. He commended the Town Board for taking on this project, and noted that although there were some rough times the project turned out excellent overall.
BUFFALO RIVER EDUCATIONAL & INFORMATIONAL PROGRAM
Councilman Bove announced that on Tuesday, April 3rd, 7:00 P.M. – 9:00 P.M. the West Seneca Environmental Commission will be hosting an educational and informational program at the West Seneca Senior Citizens Center concerning water quality issues with the Buffalo River tributaries that flow through the town. Guest speakers include representatives from Erie County, Gary Bommer of the town engineering department, and Julie O’Neill from the Buffalo Niagara Riverkeeper. Everyone was welcome to attend.
SUPPORT FOR AMENDMENT TO MIDDLE CLASS STAR
Motion by Councilman Osmanski, seconded by Deputy Supervisor Hicks, to adopt the attached resolution in support of an amendment to the “Middle Class STAR.”
PUBLIC HEARINGS SCHEDULED TO ADDRESS REVISIONS TO TOWN CODE
Councilman Osmanski noted that public hearings were scheduled for April 23rd to address the billboard ordinance and site plan review ordinance. He suggested they continue addressing priorities listed in the Comprehensive Plan and schedule a public hearing for the next meeting to address changes to the intent sections of the building code, minor code changes, changes to how bulk requirements are listed, and a proposed C-3 zoning district. Councilman Osmanski would forward specific wording to the Town Attorney’s Office to be listed in the legal notice.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
PUBLIC HEARINGS SCHEDULED TO ADDRESS REVISIONS TO TOWN CODE (cont’d.)
Deputy Town Attorney Paul Notaro asked that the public hearing be scheduled for the following Town Board meeting because he would be meeting with Principal Engineer Assistant Gary Bommer and Asst. Code Enforcement Officer Robert Pinnavaia to discuss these items. They had also been discussing the need to update the required stormwater ordinances that were being imposed by the New York State Department of Environmental Conservation.
Town Attorney Timothy Greenan stated that they also had to address the noise ordinance. They would schedule whatever possible for the April 23rd meeting, but some of the issues would have to be addressed at the May meeting.
Motion by Councilman Osmanski, seconded by Councilman Graber, to schedule a public hearing at the earliest possible date to address the noise ordinance, revisions to the zoning ordinance and Town Code as recommended in the Comprehensive Plan, and revisions to the stormwater ordinance.
Motion by Councilman Osmanski, seconded by Councilman Bove, to adjourn the meeting at 8:10 P.M.
PATRICIA C. DEPASQUALE, RMC/CMC