| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-9 | |
| West Seneca, NY 14224 | July 10, 2002 | |
| Page eight . . . |
PROBLEMS OF THE PUBLIC
EXCESSIVE SPEED ON E. CENTER ROAD
Linda Pawlowski, 85 E. Center Road, presented a petition signed by residents of E. Center Road who were concerned about speeding on their street. Mrs. Pawlowski had spoken to Councilman Hicks about this situation and he had informed her that a police officer would be posted on E. Center Road for one month beginning May 28th, but to date they had not seen any.
Councilman Hicks stated that he asked Mrs. Pawlowski to come to this board meeting to make the entire board aware of the situation along with Chief Gehen and Highway Supt. Pat Finnegan, who was also the Chairman of the Traffic Committee. No action was taken as of yet because they did not know what to do to resolve the problem.
Mrs. Pawlowski commented on an accident that occurred in front of her home involving her father and a teenager who passed him on the left as he was making a left-hand turn.
Councilman Hicks stated that he had spoken to Officer Pappaceno, who was at the scene of the accident, and no tickets were issued because there was some question as to whether Mrs. Pawlowski's father had signaled appropriately. Councilman Hicks understood that the main issue was public safety and questioned if the major problem was between 2:30 PM and 4:30 PM when school let out.
Mrs. Pawlowski commented on the number of buses and cars that travel E. Center Road in the morning between 6:30 and 7:30.
Chief Gehen suggested that Mrs. Pawlowski contact him tomorrow with some specific times and he would post an unmarked car on the street. He could also have the speed trailer set up to survey the speeds.
Councilman Hicks stated that E. Center Road was not striped and suggested that this might help with regard to passing. He noted that most of the residents of E. Center Road wanted the street to be dead ended, but Councilman Hicks did not believe that was possible.
Mr. Finnegan responded that they did not normally stripe town roads, and East Center Road was a public highway and could not be dead-ended.
Tammy Nikischer, 14 E. Center Road, was concerned about the safety of the children on the street and thought that posting an officer on the street would only be a temporary solution.
Bill Switzer, 50 E. Center Road, moved to his home in 1964 and understood that the street was supposed to become a dead end when Route 400 was put in. East Seneca Fire Company petitioned for the street to be opened up, but that was voted down. They then proposed that the street be made a one-way from Lein Road to Center Road and most of the residents agreed to that. However, when the road was opened, it was a two-way street. Mr. Switzer questioned why this was done without the residents' consent and why the street could not now be made a dead end or one-way street.
Mr. Finnegan stated that he would take this problem back to the Traffic Committee for their review and comment and notify everyone on the petition of their findings.
Robert Gadra, 65 E. Center Road, stated that he lived in his home since 1950 when the street was a rural country road. This morning he counted 54 school buses that traveled on E. Center Road in two hours, but only three of them picked up children that lived on the street. Mr. Gadra questioned why all these buses traveled E. Center Road when they were at one time prohibited because their turning radius was greater than the radius of the road. When his children went to school they had to walk to Center Road to be picked up. Mr. Gadra commented on the number of cars that traveled on E. Center Road and suggested that the town put out a traffic counter to thoroughly understand the situation.
Tim Ball, 31 E. Center Road, commented on the awkward turn on E. Center Road at Center Road. His house was the first one after the turn and his mailbox was hit four times in the last three years because of the problem negotiating the turn and the high speeds.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-9 | |
| West Seneca, NY 14224 | July 10, 2002 | |
| Page nine . . . |
PROBLEMS OF THE PUBLIC
EXCESSIVE SPEED ON E. CENTER ROAD (continued)
Mike Miller, 32 E. Center Road, stated that his house was the fourth one on the left from Center Road and it was the acceleration point after making the turn. He commented on the squealing tires and reckless driving and noted the difficulty in backing out of his driveway due to the heavy traffic. Mr. Miller requested that the street be lined for a walkway or bike path.
Mr. Finnegan stated that the street would have to be measured to determine if it was wide enough for a bike path.
STATUS OF OCCHINO PAVING PROPERTY
Mark Porter, 63 Stephenson Street, referred to the Occhino property on Seneca Street and questioned the status of the fence that was supposed to be constructed. The chain link fence was removed and the posts were installed, but nothing else was done.
Tony Occhino of Occhino Paving stated that they started construction of the fence and about 90 feet of it was in place. He purchased the property about 2½ years ago, and since that time, one of the buildings collapsed. Mr. Occhino stated that the building was rebuilt and there were changes made to the other buildings to make them safer and better. When he first talked to the town about putting up an eight-foot fence, he was told that it had to be six feet high. Last year he purchased a six-foot fence and intended to put it up this spring, but then he was told that it had to be an eight-foot fence. Mr. Occhino stated that his business had received a number of calls from residents of Stephenson Street swearing at his secretary and making threats, but they had never come over to talk to him. He had also helped some of the residents who had problems with their driveways and gave them stone. Mr. Occhino noted that the 50' x 150' building that housed his equipment collapsed over the winter and it cost over $200,000 to demolish the building and remove the debris. He was also cleaning up debris from the prior owner and from the gas company when they cut down the trees on the hill. An engineering study was also being done to have drainage installed. Mr. Occhino stated that the equipment was being parked on the opposite side of the property against the hill and the new building would be moved closer to the opposite side of the property to act as a sound barrier.
Councilman Osmanski requested a time frame for completion of the fence.
Mr. Occhino stated that all the posts going to the back of the property were put up and it would probably be completed in about one week. There was an old fence that was being removed as the new fence was put up.
Mr. Porter stated that there was a wall connected to his garage that separated the Occhino property from his property. Last week when the chain link fence was removed the wall was ripped off his garage and out of the ground. Mr. Porter felt that Mr. Occhino should have asked him before doing this.
HAZARDOUS INTERSECTIONS ON SOUTHWESTERN BLVD.
Kathy Carey, 1070 Reserve Road, stated that she lives in Colonial Manor Condominiums and commented on the number of accidents that occurred at Reserve Road and Southwestern Blvd. A number of people had driven off the curve on Reserve Road onto the grass of the condominiums and she thought it was caused by the configuration of the road and the optical illusion at night of it going straight through to Southwestern Blvd. Although there were large yellow signs with black arrows at the turn, they were spaced far apart. Mrs. Carey suggested that Highway Supt. Pat Finnegan and the Traffic Committee review this section of Reserve Road and the placement of the arrows. She also thought that the signs should be reflective. Mrs. Carey further suggested that left-hand turns from Reserve Road be prohibited to eliminate the hazard of pulling out across traffic on Southwestern Blvd. and that a left-hand turning lane and green arrow be installed on Southwestern Blvd. and Angle Road.
Supervisor Clark stated that Southwestern Blvd. was a state road and their engineers had looked at all the issues and redesigned the road the way they felt would be appropriate.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-9 | |
| West Seneca, NY 14224 | July 10, 2002 | |
| Page ten . . . |
PROBLEMS OF THE PUBLIC
HAZARDOUS INTERSECTIONS ON SOUTHWESTERN BLVD. (continued)
Town Attorney Tim Greenan advised that the New York State Department of Transportation (NYSDOT) had a plan for the reconstruction of Southwestern Blvd., and in doing so they very often modified intersections between roads. He suggested that the plans be reviewed to see if these issues were addressed.
Mr. Finnegan advised that Erie County and NYSDOT controlled the intersection of Southwestern Blvd. and Reserve Road and any changes would have to be pursued through those agencies.
Supervisor Clark asked Mr. Finnegan to contact Mr. Sickler of the Erie County Highway Department to express Ms. Carey's concern and suggest a review of the placement of the arrows on Reserve Road and use of reflective material.
Mr. Greenan suggested that Mr. Finnegan review the design plans for Southwestern Blvd. at Angle Road and Reserve Road and ask them to reconsider their design if he did not believe it was appropriate.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
APPOINTMENT OF PART-TIME LABORERS IN HIGHWAY DEPARTMENT
Motion by Councilman Wroblewski, seconded by Councilman Osmanski, to appoint Jason Burgess and Kevin Carr as part-time laborers in the Highway Department at a rate of $6.50 per hour effective June 10 - September 3, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
ENERGY MANAGEMENT PROGRAM
Councilman Graber stated that he had been working on an energy management program for the last year and it was working very well, but they had not taken into account that the Town Hall had evening hours for Town Board meetings, Planning Board meetings, Zoning Board meetings, etc. Councilman Graber met with the architect engineer from Siemens Technology and they assured him they would address this situation immediately.
ASST. CHIEF WIGHT COMMENDED
Supervisor Clark recited a letter received from a Buffalo citizen who had received a minor traffic infraction from West Seneca and complimented Asst. Chief Dale Wight on the professional manner in which he handled the situation.
RESTRICTED USE PERMIT FOR CERTO BROS.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to grant a restricted use permit to Certo Bros. Distributing with the following conditions: 1) the water line for fire service should be extended along the east property line in order to loop the system; 2) a fire suppression system should be added for the pump island.
On the question, Supervisor Clark noted that the Industrial Park Review Committee had met to review this application and make a recommendation. He questioned if Certo Bros. was agreeable to the conditions.
Building Inspector Bill Czuprynski responded that he had not spoken to anyone from Certo Bros. regarding the conditions that were recommended by the Industrial Park Review Committee. The water line ran around the building to the far side and the committee wanted to see it continued to the front to allow for better water pressure. The fire hydrant could also then be used for the McKesson building next to it. The fire suppression system was state law for self-service pump islands.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-9 | |
| West Seneca, NY 14224 | July 10, 2002 | |
| Page eleven . . . |
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
RESTRICTED USE PERMIT FOR CERTO BROS. (continued)
Supervisor Clark questioned if Certo Bros. would be asked to pay for the entire cost of the water line if it was going to benefit others. He suggested that Mr. Czuprynski inform Certo Bros. of the conditions that were part of the restricted use permit.
| Ayes: All | Noes: None | Motion Carried |
GRANT APPLICATION FOR ELEVATED CANOPY WALKWAY AT BURCHFIELD
Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize and direct Paul T. Clark, Supervisor of the Town of West Seneca, to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 and Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $112,230 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this town for development of Burchfield Park. Parks development funds will be used to construct an elevated canopy walkway system. The proposed project seeks to provide amenities in Burchfield Park to better serve the recreational needs of residents and to insure safe use of the park. As per state guidelines, the Town of West Seneca agrees to provide $113,600 in cash and in-kind goods and services, or 50 percent of the total allowable project costs of $225,830.
On the question, Supervisor Clark stated that there would be almost no funding for this project from general town revenues. The town had received some state funding through a Burchfield grant from Assemblywoman Sandra Lee Wirth's office that allowed the town to engage in some preliminary design and fact finding. In addition, there would be donated labor through AmeriCorps and the donated use of some construction equipment that was offered by local construction companies. Their goal was to do this project without any direct financial impact to West Seneca taxpayers.
Councilman Graber stated that as a fiscal conservative he could not support this project when just a few miles down the road another municipality was hovering on bankruptcy and the general condition of the state and county economy was not good. Regardless if it was state, federal, county, or town money, Councilman Graber did not believe it was the appropriate time to pursue extravagant needs when so many critical needs were not being met.
Supervisor Clark felt it was wise to pursue state grant funding when it was available, and he would rather see West Seneca enjoy it than another municipality.
Councilman Graber stated that eventually maintenance would be required.
Supervisor Clark stated that this was a regional attraction that was very rare and unique. Although it might require ongoing fundraising or a service charge for groups, he did not believe maintenance would be an issue.
Councilman Graber thought that one of the reasons businesses did not locate in Erie County was because government spent money frivolously. He considered this another frivolous project that would only add further burden on the taxpayers of West Seneca. There would definitely be maintenance involved, and also liabilities. Councilman Graber commented that government's responsibility was to provide basic needs to the taxpayers at a reasonable cost, and he felt that some governments had lost sight of that. It would be a great project if West Seneca were a thriving community, but it wasn't and they needed to buckle down and work together to figure out ways to reduce the tax burden. Councilman Graber thought this was a very serious issue considering the cost of the project was $250,000 and if every community in Western New York spent money like this it would add up to multi-millions of dollars.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-9 | |
| West Seneca, NY 14224 | July 10, 2002 | |
| Page twelve . . . |
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
GRANT APPLICATION FOR ELEVATED CANOPY WALKWAY AT BURCHFIELD (cont'd.)
Supervisor Clark stated that if West Seneca did not get the grant money it would only be taken by other towns across the state. He thought that if they could build a project with 100 percent grant funding, as they did with other projects, to improve the quality of life for the residents, it would help attract people to the town and Western New York.
Councilman Osmanski understood Councilman Graber's point of view but agreed with Supervisor Clark that the grant money would only end up in another town. He commented on the amount of State tax dollars that were taken from Western New York and that most of the grants went to the New York City and Albany areas rather than Western New York. Councilman Osmanski thought that West Seneca needed to be in the competition to try and get some tax dollars back to this area.
Councilman Wroblewski stated that from prior discussions on this grant he understood that it would be a few months before the town found out if they were successful in obtaining the grant money. He did not have a problem with applying for the grant money because it would only be spent elsewhere, but he was concerned with town tax dollars being spent on this project. Councilman Wroblewski was sure that there would be continued efforts from Supervisor Clark and Councilman Osmanski for matching funds through fundraising and in-kind services. He further noted that if the town was successful in receiving the grant, it did not mean they would do the project. The project would have to be presented to the Town Board again for approval to move forward. At that point, if the town's match could not be matched with in-kind services and fundraising he would not support the project because he did not want to use general fund tax dollars.
| Ayes: (4) Councilman Osmanski, Councilman Wroblewski, Councilman Hicks, Supervisor Clark |
| Noes: (1) Councilman Graber |
| Motion Carried |
CHIEF CONGRATULATES LT. LOGA
Chief Gehen offered his congratulations to Police Lt. Jim Loga and noted that he spent approximately 20 years serving the people of West Seneca. Chief Gehen looked forward to working with Lt. Loga in his new position.
HOME RULE FOR SALE OF PARK LAND TO CRICKET COMMUNICATIONS
Town Attorney Tim Greenan stated that the town was working to set up an agreement with Cricket Communications for installation of a cellular tower in Firemen's Park on East & West Road. Because the tower would be located in a park, they needed the State's approval to alienate parkland, and Mr. Greenan and Supervisor Clark had been communicating with the State Legislature for their approval. The State Legislature indicated that they would not approve a lease, but if the town would sell a portion of the land just large enough for a tower to Cricket Communications with a right of reverter, they would approve it. The Town Board would then have to pass a Home Rule, but this could not be done until after the State Legislature met and gave their approval. Mr. Greenan advised that the State Legislature would be meeting tomorrow and asked that a special meeting of the Town Board be scheduled for Friday, June 14th at 5:00 P.M. to approve the Home Rule.
UPDATE ON CLEANUP OF SENECA MALL SITE
Town Attorney Tim Greenan advised that Councilman Wroblewski had been pushing for the clean up of debris and unsightly conditions at the Seneca Mall site. Violations against the owner of the Seneca Mall complex were currently pending in West Seneca Justice Court. They were in court last Friday night and Mr. Greenan and Councilman Wroblewski attended the proceedings. An agreement was reached where the developer of the project would have a contractor come in and clean up the conditions according to the specifications of Building Inspector Bill Czuprynski. The contractor was on site this date doing the cleanup.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-9 | |
| West Seneca, NY 14224 | July 10, 2002 | |
| Page thirteen . . . |
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ADJOURNMENT
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:15 P.M.
| Ayes: All | Noes: None | Motion Carried |
PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK