| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-17 | |
| West Seneca, NY 14224 | November 18, 2002 | |
| Page eight . . . |
17-C COMMUNICATIONS
9. Highway Supt. re Budgetary transfer request
Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer request in the amount of $2100 from Building Repair & Maintenance Acct. #01.7520.0432 to Equipment Repair & Maintenance Acct. #01.7510.0419 to partially fund repairs to the Gatling gun.
| Ayes: All | Noes: None | Motion Carried |
10. Highway Supt. re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Highway Department:
| Ayes: All | Noes: None | Motion Carried |
11. Chief Gehen re Appointment of Michael Boehringer as Police Lieutenant
Motion by Councilman Osmanski, unanimous second, to terminate Michael Boehringer as Police Officer effective November 18, 2002 and appoint Michael Boehringer as Police Lieutenant effective November 19, 2002 at an annual salary of $62,440 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
12. Chief Gehen re Purchase of portable radios
Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of sixteen (16) Kenwood Model TK-260GK, five watt portable radios from FM Communications, 1914 Colvin Blvd., Tonawanda, NY 14150 at a cost of $329.25 each and two (2) six-unit charging packs at a cost of $123.75 each for a total purchase of $5515.50, noting that this purchase was from New York State Contract #P051964 and would be covered by the 2000 and 2001 Local Law Enforcement Block Grants.
| Ayes: All | Noes: None | Motion Carried |
13. Chief Gehen re Appointment of David Steinwandel as part-time Public Safety Dispatcher
Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint David K. Steinwandel as part-time Public Safety Dispatcher at a rate of $8.95 per hour effective November 19, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
14. Recreation Director re Purchase of 2003 Chevrolet pickup truck
Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of a 2003 Chevrolet pick-up truck off the state bid from Joe Basil Chevrolet at a cost of $15,280.
| Ayes: All | Noes: None | Motion Carried |
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-17 | |
| West Seneca, NY 14224 | November 18, 2002 | |
| Page nine . . . |
17-C COMMUNICATIONS
15. Youth Director re Attendance at AmeriCorps Kick-Off & Swearing-in Ceremony
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Youth Director Mark Lazzara, Youth Bureau staff & AmeriCorps staff and members to attend the AmeriCorps Kick-Off & Swearing-in Ceremony in Albany, New York, November 19-20, 2002 at a cost of $4500.
| Ayes: All | Noes: None | Motion Carried |
16. Youth Director re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2756 to Dualex Office Products, Inc. for computer hardware and $2259.55 to Trophy's Trophy's for AmeriCorps t-shirts.
| Ayes: All | Noes: None | Motion Carried |
17-D REPORTS
PROBLEMS OF THE PUBLIC
SIDEWALKS ON NORWOOD DRIVE
Clara Petrotto, 160 Norwood Drive, referred to an article in the West Seneca Bee in which Supervisor Clark was quoted as saying the town would not "shove sidewalks down anyone's throat." Mrs. Petrotto stated that a petition was circulated to all the property owners on Norwood Drive and all but seven signed against sidewalks. The sidewalks were installed anyway, and although the residents were happy with the road reconstruction, they did not want the sidewalks. Mrs. Petrotto stated that the Norwood Drive residents were told that they had no choice in the matter and they had to have the sidewalks. She owned a double on Norwood Drive and now that the sidewalks were there did not have room for parking in her driveway. With the overnight parking ban in effect and no parking allowed on the street, Mrs. Petrotto questioned if she could park in the driveway blocking the sidewalk.
Chief Gehen responded that it was illegal to park in a driveway blocking a sidewalk.
Mrs. Petrotto questioned why the residents of Woodward Drive, Belmont Drive, and Hybank Drive were not forced to have sidewalks. She suggested that the town remove the sidewalks on Norwood Drive and give the residents back their lawns.
Supervisor Clark questioned where the petition was and if it was ever filed with the town.
Mrs. Petrotto responded that one of her neighbors had gone door-to-door and obtained all the signatures on the petition. Only one person at the beginning of Norwood Drive was in favor of sidewalks, everyone else signed against the sidewalks except for seven that were not home. The petition was given to someone at Town Hall.
The board members were unaware of any petition being filed and asked for a copy of it.
Councilman Graber noted that a similar situation had occurred on Aurora Avenue when some of the residents came before the Town Board with a petition objecting to the sidewalks that were to be constructed. The Engineering Department went door-to-door and surveyed the residents and 90 percent wanted the sidewalks. Councilman Graber stated that this was the first time he had heard that the Norwood Drive residents did not want the sidewalks and there were even articles in the West Seneca Bee thanking the town for the sidewalks.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-17 | |
| West Seneca, NY 14224 | November 18, 2002 | |
| Page ten . . . |
PROBLEMS OF THE PUBLIC
SIDEWALKS ON NORWOOD DRIVE (continued)
John Kohlbacher, 95 Norwood Drive, stated that the street was surveyed wrong in 1936 and the handicapped ramp was installed on his property. After he got his survey out and showed the contractor, they had to dig it up and move it. Mr. Kohlbacher was very happy with how the reconstruction project turned out, but he was not happy with the length of time it took for someone to respond to his calls.
Town Engineer George Montz stated that the survey problem was not with the town. The contractor put the handicapped ramp in before the location was approved by the town's inspector.
Mr. Kohlbacher noted that when he asked why they had to have sidewalks, he was told that they had no choice because it was a federal law that handicapped ramps had to be put in with a sidewalk. Mr. Kohlbacher further commented on the speeding on Norwood Drive and thought that two stop signs should be placed on Norwood Drive at the intersection of South Warren Avenue.
Supervisor Clark directed this request to the Traffic Safety Committee.
Lorraine Horn, 150 Norwood Drive, stated that she was also told that by law they had to have sidewalks on the street and that the town could take their property by eminent domain if necessary. Mrs. Horn questioned who would shovel the sidewalks in the winter.
Town Attorney Tim Greenan advised that under the town ordinance it was the responsibility of the adjoining landowners to keep the sidewalks clear.
Emmett Horn, 150 Norwood Drive, stated that he and his wife had talked to Mr. Montz and Principal Engineer Assistant Gary Bommer and were told that when a street was reconstructed sidewalks were included as part of the project.
Supervisor Clark stated that it was a fairly new policy of the town that sidewalks be installed as part of road reconstruction projects.
Mr. Horn stated that the residents were not aware of the project until they received a letter from Mr. Montz's office late in May. It was at that time that they went to see him to find out about the project, but they were informed that the project had already been bid out. Mr. Horn stated that his property was on the north side of Norwood Drive and the town had a sewer easement on that side. A drawing was prepared and filed in the Erie County Clerk's office in 1957 indicating that there was a 10-foot easement with a length of 495.67 feet over seven sublots for utilities, etc. Mr. Bommer informed Mr. Horn that the easement allowed the town to construct the sidewalk over the seven sublots, but he did not see any easement agreement that concerned a sidewalk.
Mr. Montz stated that Mr. Bommer reviewed the local surveys in that area, checked the Map Covers, and consulted with the Town Attorney's office. The consensus was that the town was within its legal right to put the sidewalks in.
Councilman Osmanski questioned if the sidewalks were put on the public right-of-way or the private easement.
Mr. Greenan thought that there was an area where the sidewalk was located on an easement shown on the Map Cover. Recording a Map Cover conveyed to the town any easement that was located on the drawing.
Mr. Horn stated that subsequent to filing the Map Cover, there were two specific easement agreements and he thought there should also have been a specific agreement for the sidewalks.
Mr. Greenan responded that it was a better practice to specifically put the language of the easement so as to limit it. The problem with showing it on the Map Cover with more general language (ie. for utilities, etc.) was that it became unlimited, and this was what allowed the town to install the sidewalks without going back.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-17 | |
| West Seneca, NY 14224 | November 18, 2002 | |
| Page eleven . . . |
PROBLEMS OF THE PUBLIC
SIDEWALKS ON NORWOOD DRIVE (continued)
Mr. Horn stated that Mr. Bommer had told him that some concrete blocks in his driveway pertained to a sidewalk, but when the contractor started, he opened up a test pit in front of Mr. Horn's house and uncovered the top of a storm sewer. The concrete blocks were over the trench of the storm sewer and had nothing to do with the sidewalk. A manhole was also constructed over the storm sewer, but there was so much concrete poured and Mr. Horn was afraid of what would happen to the grass in the summer. The sidewalk itself was also constructed about 16 to 18 inches out from the curb from where Mr. Montz had showed him it would be and it just cleared the manhole frame. Mr. Horn further commented on the amount of dust the residents had to endure all summer, and thought there should have been some sort of dust control in the specifications for the project.
WIDENING OF ORCHARD PARK ROAD
Claudette Rogers, 785 Orchard Park Road, questioned if there were any plans to widen Orchard Park Road and if there were any plans to rezone 735 to 795 Orchard Park Road.
Town Attorney Tim Greenan advised that there was a proposal to widen Orchard Park Road several years ago and the County Legislature and West Seneca Town Board went on record against it at that time. Mr. Greenan further advised that his office had not received a rezoning application for that area of Orchard Park Road.
PARKING ON DELRAY AVENUE
Bernie Pollutro, 180 Delray Avenue, stated that for the past 36 years parking was only allowed on the odd side of Delray Avenue. The street was recently reconstructed and widened and the parking was taken away. Tindle, Thorndale, Bellwood & Flohr were identical to Delray Avenue, yet Delray Avenue was the only one that did not allow parking on both sides of the street.
Supervisor Clark stated that with the road reconstruction they were obligated to follow the code and install the signs. He had instructed one of the neighbors to circulate a petition if they wanted the parking changed.
Councilman Graber suggested that Highway Supt. Pat Finnegan address this with the Traffic Safety Committee.
Mr. Finnegan stated that the parking was changed in 1978, but there was no reason to keep it that way.
Mr. Pollutro wanted to see the parking return to the way it was before the road was reconstructed, parking allowed on the odd side going down the street and on the even side between Graham and Seneca Street. He would circulate a petition and submit it to the town.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
PAYMENT OF EXPANETS INVOICE
Motion by Councilman Graber, seconded by Supervisor Clark, to authorize payment of $8069 to Expanets for the cross connect of telephone lines.
| Ayes: All | Noes: None | Motion Carried |
PROPERTY MAINTENANCE ON SIBLEY DRIVE
Councilman Osmanski thanked Building Inspector Bill Czuprynski for following up on the situation at 10 Sibley Drive and asked that his office continue to be vigilant on the matter so it did not get out of hand again.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-17 | |
| West Seneca, NY 14224 | November 18, 2002 | |
| Page twelve . . . |
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS OR DEPARTMENT HEADS
PROPERTY MAINTENANCE ON CLINTON STREET
Councilman Osmanski questioned the status of the property at 4367 Clinton Street.
Building Inspector Bill Czuprynski responded that a summons was issued for the junk vehicle with no plates and for cleaning up the yard.
Town Attorney Tim Greenan stated that Mr. Czuprynski had questioned if he could cite the occupant of the property when he had difficulty contacting the property owner. The ordinance permitted the occupant to be cited if he was violating the Property Maintenance Ordinance, so he was able to be cited in this case. The occupant would have to meet with the Town Prosecutor and appear in court, and if he did not clean up the property he would be fined.
PART-TIME HELP NEEDED AT ICE RINK
Supervisor Clark directed Highway Supt. Pat Finnegan to place an ad in the West Seneca Bee for part-time workers at the Ice Rink.
KOREAN WAR SERVICE MEDAL
Supervisor Clark announced that there was a Republic of Korea, Korean War Service Medal available to any veteran that was involved in that conflict, and 1.8 million Americans were eligible to receive it. Families could apply for deceased members. Supervisor Clark encouraged anyone interested to call the Air Force or his office.
POLITICAL SIGNS
Supervisor Clark asked that the Highway Department and Building Inspector's office clean up the rest of the political signs that remained after the recent election.
PUBLIC NOTIFICATION OF STREET PROJECTS
Supervisor Clark commented that they needed to do a better job at notifying the public of what was being proposed on street projects before the contracts were designed, especially if it would change the nature of a street with the addition of sidewalks or removal of trees. Many times petitions were circulated with biased or slanted statements that were not an accurate portrayal of what the town intended to do. Supervisor Clark stated that if the residents received an accurate account of the proposal and were divided on the issue, the town would have to go with the majority, but there were some factors with regard to drainage, public safety, etc. that could force a street project to be done.
2003 HISTORICAL CALENDAR
Town Clerk Patricia Wisniewski announced that the 2003 historical calendar was available at a cost of $5.
TERMINATION OF DAVID STEINWANDEL AS PART-TIME LABORER
Motion by Supervisor Clark, seconded by Councilman Osmanski, to terminate David Steinwandel as part-time laborer in the Buildings & Grounds Dept. effective November 18, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
| Ayes: All | Noes: None | Motion Carried |
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2002-17 | |
| West Seneca, NY 14224 | November 18, 2002 | |
| Page thirteen . . . |
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS OR DEPARTMENT HEADS
ADJOURNMENT
Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 10:00 P.M.
| Ayes: All | Noes: None | Motion Carried |
PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK