Seal of West Seneca
INCORPORATED 1851

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Seal of West Seneca

Town Board Minutes 03/11/2002 ... Continued...

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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2002-4
West Seneca, NY 14224 March 11, 2002
Page seven . . .

4-C    COMMUNICATIONS

7.    Town Engineer re Gas well improvements at Senior Citizens Center

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the quotation from Field Service Inc., 106 Electric Avenue, West Seneca, NY 14206 in an amount not to exceed $5500 for performing improvements to the existing gas well at the Senior Citizens Center.

Ayes: All Noes: None Motion Carried

8.    Town Engineer re Purchases requiring Town Board approval

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

URS Corporation (discharge monitoring reports) $3205.00
Cues (additional payment for TV inspection system) $3200.00
Dell Computer Corporation (computer purchase) $2399.00
Ayes: All Noes: None Motion Carried

9.    Highway Supt. re Title change for Thomas Reese Sr. to Auto Mechanic

Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Thomas Reese Sr. as Motor Equipment Operator in the Highway Department and appoint Thomas Reese Sr. as Auto Mechanic, Group 5, Step 5, at a rate of $20.05 per hour effective March 11, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried

10.    Highway Supt. re Appointment of Norman Kardas as Sanitation Substitute

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Norman Kardas as Sanitation Substitute at a rate of $7.00 per hour effective March 11, 2002 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 Leave of absence for Kris Hicks

Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a leave of absence to Kris Hicks effective February 26 - March 4, 2002 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 Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2904 to Saia Communications for four (4) portable radios and $1763.63 to Hy-Grade Distributors for janitorial supplies.

Ayes: All Noes: None Motion Carried

13.    Chief Gehen re Ammunition purchase

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of ammunition at a cost of $4813.86 from Blount Inc., SED, 2299 Snake River Avenue, Lewiston, ID 83501.

Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2002-4
West Seneca, NY 14224 March 11, 2002
Page eight . . .

4-C   COMMUNICATIONS

14.    Chief Gehen re Resignation of Nancy Mroz as part-time Crossing Guard

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the resignation of Nancy Mroz and terminate her as part-time Crossing Guard effective February 16, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried

15.    Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2635 to Al Ross for 500 DARE t-shirts and 350 DARE hats.

Ayes: All Noes: None Motion Carried

16.    Town Clerk re Polling places for 2002

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the following list of polling places for the year 2002:

DISTRICT NO.
Monsignor Ebner Hall, 1345 Indian Church Road   1, 2, 41
East Seneca Fire Hall, 100 Lein Road   3, 6, 43
Harvey D. Morin Post, 965 Center Road   4, 32
Vigilant Fire Hall, 666 Main Street   5, 7, 38, 42
Reserve Fire Hall, 2400 Berg Road   8, 29, 40, 44
W.S. Central Educational Center, 1397 Orchard Park Road    9, 31
St. Peter's United Church of Christ, 1475 Orchard Park Road    10, 30
W.S. West Middle School, 395 Center Road   12, 13, 14, 45
Potter Road Elementary School, 675 Potter Road   15, 16, 17
St. Bonaventure School, 2784 Seneca @ Flohr   18, 19, 20, 21
Winchester Community Church, 909 Harlem Road   22, 23, 25, 33, 46
Buffalo Club of the Deaf, 2275 Clinton Street   24
W.S. West Senior High School, 3330 Seneca Street   11, 37
V.F.W. Post #8113, 299 Leydecker Road   26, 27, 28, 48, 50
Reserve Fire Hall #2, 807 East & West Road   34, 39, 49
Clinton Street School, 4100 Clinton Street   35, 36, 47
Ayes: All Noes: None Motion Carried

17.    Town Clerk re Election machine custodians

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the following rates of pay for Election Machine Custodians for the year 2002:

Harold Lillis $17.85
Thomas Casey $21.64
Dwayne Lang $20.79
Michael Hess $19.36
Charles Lagana (Alternate) $19.06
Ayes: All Noes: None Motion Carried

18.    Town Clerk re Attendance at NYS Town Clerk's Association Conference

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Town Clerk Patricia Wisniewski to attend the NYS Town Clerk's Association annual conference in Saratoga Springs, April 21-24, 2002 at a cost not to exceed $800.

Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2002-4
West Seneca, NY 14224 March 11, 2002
Page nine . . .

4-C    COMMUNICATIONS

19.    Comptroller re 2001 year end fund transfers

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the attached list of 2001 year end fund transfers.

Ayes: All Noes: None Motion Carried

*APPENDICES*

20.    Comptroller re Computer purchase

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of the following computer hardware from Dell Computer Corp., One Dell Way, Round Rock, TX 78664:

One Power Edge 4600 server          $10,743.20
Four (4) OptiPlex GX240 work stations          $ 5,722.00

and a block of LAN - Care Network Services from KVS Information Systems, 821 Maple Road, Williamsville, NY 14221 at a cost of $3000.00 for a total cost not to exceed $19,600.

Ayes: All Noes: None Motion Carried

21.    Comptroller re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $4260.00 to KVS Information Systems, Inc. for the annual software subscription and telephone hotline support service.

Ayes: All Noes: None Motion Carried

22.    Asst. Building Inspector re Building permit for Florence Avenue lot

Building Inspector Bill Czuprynski stated that the only time he would allow a building permit to be issued prior to the road being installed was for a contractor with a large subdivision that wanted to put up a model home. A cul-de-sac was needed at the end of Florence Avenue where the property owner, Roxanne Labby, would be building her own home.

Councilman Wroblewski did not believe that the Town Board should act on this item.

Supervisor Clark stated that the Town Board could stipulate that Mrs. Labby furnish a certified check or performance bond for 100 percent of the cost of the improvements before a building permit were issued. This would guarantee completion of the roadwork.

Councilman Osmanski further noted that the certificate of occupancy could be withheld until the roadwork was completed.

Town Attorney Tim Greenan advised that the town's interest could be protected by either the certified check or performance bond or by withholding the certificate of occupancy. He questioned whether a residential homeowner had the ability to get a $25,000 performance bond. On construction financing, the bank would give a mortgage commitment provided there were plans and specifications indicating that the house could be built and completed for the amount being borrowed. The building loan would then be converted after the certificate of occupancy was issued.

Brian Labby, 64 Zittel, Buffalo, stated that it was only a 14-foot section of roadway that needed to be extended to meet the end of the lot. Some areas of the old cul-de-sac did not meet the new town codes, so he would be making it comply. Mr. Labby stated that he was in danger of losing his mortgage commitment due to delays in approval of the plans.

Councilman Osmanski questioned if Mr. Labby had made a good faith effort to submit his plans.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2002-4
West Seneca, NY 14224 March 11, 2002
Page ten . . .

4-C    COMMUNICATIONS

22.    Asst. Building Inspector re Building permit for Florence Avenue lot

(continued)

Town Engineer George Montz stated that Mr. Labby had submitted plans in December and was working closely with the Engineering Department to make revisions as requested.

Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize the issuance of a building permit for 80 Florence Avenue, noting that a condition of the certificate of occupancy will be the completion and final inspection and approval of street frontage in front of the residence.

On the question, Councilman Wroblewski was opposed to issuing a building permit without the road being complete because he was concerned about setting a precedent.

Mr. Greenan commented that the estimated cost of completing the roadway was $25,000. He questioned if Mr. Labby was aware of this amount.

Mr. Labby responded that he had received preliminary bids, but they were not based on the final drawings. He had more than $25,000 cash in his budget available to cover the cost of the road.

Ayes:  (3)    Councilman Osmanski, Councilman Hicks, Supervisor Clark
Noes:  (1)    Councilman Wroblewski
Motion Carried

23.    Youth Director re Rate increase for Dolores Stefanacci

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a rate increase to $7.90 per hour for Dolores Stefanacci retroactive to November 11, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Dolores completed the 5400 hours of service necessary for the increase.

Ayes: All Noes: None Motion Carried

24.    Youth Director re Status change for Dolores Stefanacci to part-time seasonal

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of Dolores Stefanacci from part-time to part-time seasonal effective March 11 - June 11, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried

25.    Youth Director re Purchases requiring Town Board approval

vMotion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Youth Bureau:

GC Supply, Inc. (turf utility vehicle)   $5310.51
NASCC (membership dues)   $2315.00
Simar Enterprises (AmeriCorps shirts)   $2544.11
Mid-City Office Equipment (office furniture)   $1884.00
Indigio Productions (trusses for ampitheater,
signage, banners, flags, audio package)
  $5538.54
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2002-4
West Seneca, NY 14224 March 11, 2002
Page eleven . . .

4-D    REPORTS

  • Ruth E. Breidenstein, Receiver of Taxes' report for February 2002 received and filed.

    PROBLEMS OF THE PUBLIC

    RESIDENT QUESTIONS DUTIES OF COUNCILMEN

    Johanna Guenther, 140 Neubauer Court, questioned the duties of a Town Councilman.

    Councilman Osmanski responded that councilmen in the Town of West Seneca served at-large, so they represented all residents of the town rather than specific sections of town. They were the residents' advocate and represented the voice of the people on issues that concerned them. Their official responsibilities included fiduciary duties such as approving town budgets and employees' salaries and negotiating labor contracts. They also had planning responsibilities with regard to zoning issues and land use. The councilmen received complaints of all sorts including problems with sewers, neighbors, fallen trees, potholes, etc. and they attempted to resolve these issues. They also regulated public parks and recreational facilities.

    Supervisor Clark further commented that on occasion special projects were organized and assigned to each of the councilmen. For example, four years ago Councilman Wroblewski worked on a specific problem on Tindle Avenue when the residents were unable to access the Harlem Road Park from their street. He did the research and organized a way to install a path from Tindle Avenue to the park. Councilman Graber coordinated a committee that brought in a company who saved electricity for the town by reorganizing lighting, insulation and heating. Supervisor Clark stated that Council Members Osmanski and Hicks were also involved in various projects and he was happy to work with all four council members.

    WEST SENECA FIRE DISTRICT NO. 6 AUXILIARY SIREN

    Jim McCullough, 712 Main Street, stated that the auxiliary siren for West Seneca Fire District No. 6 located at the corner of Main Street and Avon Drive fell down and was relocated one pole east of its original location. Since that time, the fire district had received many reports that the siren was not working.

    Highway Supt. Patrick Finnegan was not aware that the siren was not working and assumed that it was operating properly after NYSEG rewired it. He would check into the matter.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    PAYMENT FOR REPAIRS TO YOUTH DIRECTOR'S VEHICLE

    Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize payment of $2325 from AmeriCorps funds to George's Collision to cover the cost of repairs to the Youth Director's Chevy Blazer.

    Ayes: All Noes: None Motion Carried

    PAYMENT FOR CARPETING AT SENIOR CITIZENS CENTER COMMUNITY ROOM

    Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize payment of $1700 to Carpet Factory Outlet for installation of carpeting at the Senior Citizens Center community room.

    Ayes: All Noes: None Motion Carried
    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2002-4
    West Seneca, NY 14224 March 11, 2002
    Page twelve . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    GRANT APPLICATION FOR OCCUPATIONAL SAFETY & HEALTH

    Motion by Supervisor Clark, 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 Labor Occupational Safety & Health Training Education grant program for $11,990 to support an Occupational Safety and Education program that would benefit 341 town employees, noting that the town would match grant funds with $212,000 in in-kind goods and services.

    On the question, Supervisor Clark stated that the $212,000 in in-kind goods and services represented the hourly rate of the employees that would be spending time in classes for the training. This was an acceptable in-kind contribution.

    Ayes: All Noes: None Motion Carried

    NEGATIVE DECLARATION FOR CERTO BROS. DISTRIBUTING CO.

    Motion by Supervisor Clark, seconded by Councilman Hicks, to issue a Negative Declaration with regard to the SEQR for J & M Distributing Co., Inc. d/b/a Certo Bros. Distributing Co. located on North America Drive.

    On the question, Supervisor Clark stated that the environmental assessment form for the project did not indicate any negative impact, and it was in conformity with the master SEQR for the industrial park. He thought the project would be a good addition to the industrial park.

    Councilman Osmanski questioned if the Zoning Overlay Committee had reviewed the project.

    Building Inspector Bill Czuprynski responded that they had not yet reviewed the project.

    Town Attorney Tim Greenan advised that a Negative Declaration was required for the bond financing for the ECIDA inducement. The project would still need to go through the overlay process and obtain a height variance from the Town Board.

    Councilman Osmanski commented on the 90-foot height of the proposed building and questioned the height of other buildings in the industrial park.

    Mr. Czuprynski responded that the maximum height under the Zoning Ordinance was 40 feet.

    Supervisor Clark stated that Certo Bros. needed additional height for their racking system. The height portion of the building would slope back toward the south part of the lot near the high-tension wires. He did not believe there would be any negative visual impact.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:45

    P.M.
    Ayes: All Noes: None Motion Carried

    PATRICIA C. WISNIEWSKI, RMC/CMC
    TOWN CLERK


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