PROBLEMS OF THE PUBLIC

STATE OF NEW YORK AND WEST SENECA FLAGS

Ed Bucki, 56 Parkside Drive, suggested that the town fly the State of New York flag and the Town of West Seneca flag in front of Town Hall.

Supervisor Clark responded that although it would be nice to fly these flags there would be some expense involved for the flagpoles and settings. Currently two American flags were flown and occasionally the POW flag or DARE flag.

EMPLOYEE COMMENTS ON TERMINATION

Robert C. Smith referred to his termination of employment with the Town of West Seneca and wanted to make sure the board members were familiar with his situation.

Supervisor Clark responded that the board members were familiar with Mr. Smith’s situation, but their standard practice was to not discuss personnel issues at open meetings.

Town Attorney Tim Greenan advised that the board members could not comment due to the process they were bound by under the Blue Collar Contract.

STATUS OF MASTER PLAN QUESTIONED

Paula Minklei, 896 Orchard Park Road, questioned the status of the proposed Master Plan.

Councilman Osmanski stated that the Master Plan was delayed for some time due to employment changes with the consultant. A committee meeting was held two weeks ago and there were a few more changes and items that Mr. Riley, the head consultant, wanted to address. He would be coming back with the final draft version in approximately one month and the public hearing could then be scheduled. Councilman Osmanski noted that all the documents to date could be viewed on the town Master Plan website.

Mrs. Minklei further questioned when the Town Board’s work sessions were held and if the public was welcome to attend.

Supervisor Clark responded that many of their work sessions were open to the public, but they were not regularly scheduled. When a public work session was scheduled the news media was notified. The only work sessions that were not open to the public were those where personnel matters or litigation was discussed.

FENCE ON INDIAN CHURCH ROAD

Walt Ostrowski, 147 Edson Street, commented on the barrier that was put up on Indian Church Road where his son was killed. He did not believe the type of fence was appropriate and suggested a chain link fence instead.

Highway Supt. Pat Finnegan stated that he had availability to use old guard rail posts with a 2 x 10 board backer for aesthetics. Construction of the fence was not done yet.

Supervisor Clark commented that 4-wheel drive vehicles had driven through the snow fence that was there and they wanted to get something else up as soon as possible to prevent them from using the hill. He was not certain whether a chain link fence would stop a 4-wheel drive vehicle, but they could consider it.

PROBLEMS OF THE PUBLIC

RADIO TOWER AT TOWN HALL

Christin LaBruna, 532 Main Street, stated that after finding a drilling crew taking geo-technical samples next to the police garage, she went to the Town Hall and found out that a 180-foot radio tower was going to be installed at that location. Ms. LaBruna wanted to be informed and involved in this and questioned the results of the samples taken and if the plans were finalized and the permitting done.

Town Attorney Tim Greenan understood that Chief Gehen was doing the preliminary feasibility for a radio tower to meet the needs of the Police Department and local fire companies. The tower would have to be centrally located on town property and the Town Hall was number one on the list. Mr. Greenan did not believe that any contract had been awarded for the tower and there were no specifications for it yet.

Chief Gehen responded that he had received the boring samples from the Engineering Department and would be meeting with Mr. Rusinski of Rural Metro, Supervisor Clark, and the two prospective bidders, FM Communications and Saia Communications. He would be showing them the bore sampling to determine what was needed for the specifications. Mr. Rusinski had called to their attention that the radio tower was inadequate. It could not sustain any additional antennas and there was a serious risk of it collapsing. The new tower would have to be built in close proximity to the dispatch center in order to limit the cost. The present tower was 110 feet and the fire commissioners, FM Communications and Saia Communications proposed 180 feet. This height would hold more antennas and place the town into the future so they would not have to worry about any lapse in communications or severe wind bringing down the antennas.

Supervisor Clark directed Mr. Greenan to research the Tower Ordinance to determine if the town needed to comply with its own ordinance and keep Ms. LaBruna informed.

Ms. LaBruna stated that although she understood the need for the tower, she did not really want it in her back yard. She wanted to make sure that the residents in the area were involved in the process and that the town followed the proper permitting.

Mr. Greenan advised that normally the ordinances did not apply to police, fire and town facilities. The town was exempt because it was there for a public purpose as opposed to a private telecommunications company. In carrying out its public purpose, the town needed to provide an antenna on its property. Chief Gehen and the board members would consider things in the ordinance such as whether the tower could be put in another location, the type of screening, and the visual impact on adjoining properties. Mr. Greenan questioned whether funding for the tower was in place.

Chief Gehen responded that funding was in place from the fire companies, Assemblyman Higgins’ office and a contribution from the town.

Ms. LaBruna questioned how many sites would be reviewed before a decision was made.

Supervisor Clark responded that there were not a lot of choices because they were going to use part of the building to house the equipment. They thought this was the best location.

Thomas Coates, 534 Main Street, questioned if there would be any expansion to the building. He commented on the standing water on his property in the rear and asked the Engineering Department to address the drainage. Mr. Coates also expressed concern about the fall factor if the tower ever fell during a storm.

Chief Gehen stated that they might add a bay onto the other end of the building to take care of the storage space they would be losing and to house a vehicle.

PROBLEMS OF THE PUBLIC

RECONSTRUCTION OF WOODWARD CRESCENT

Amy Carpenter, 406 Woodward Crescent, commented on the condition of the road in front of her house and asked whether there were any plans for fixing it.

Highway Supt. Pat Finnegan responded that the back loop of Woodward Crescent was in very bad shape and needed major work. His department was working in the area and would take care of any problems.

RESIDENT QUESTIONS NOISE ORDINANCE

Amy Carpenter, 406 Woodward Crescent, commented on the problems with noise that were mentioned at this meeting and questioned what kind of ordinance the town had to address the problem or what could be done to prevent noise problems.

Chief Gehen responded that the town’s Noise Ordinance specifically stated that between the hours of 11 PM and 7 AM there should be no unreasonable noise. Loud music or noise between those hours should be reported to the Police Department and they would investigate. Vehicles driving by with loud music coming from them were obviously difficult to stop, but if it happened frequently they could monitor the situation.

Councilman Graber stated that the Town of Cheektowaga incorporated specific decibel levels in their ordinance and used meters to measure the levels. He intended to do the same when they updated the Zoning Ordinance.

Chief Gehen further noted that the Vehicle & Traffic Law contained a section in the equipment portion of the law that addressed decibel readings. The problem was that the sounds were weighted with regard to engine noise, music noise, etc. All police vehicles had decibel readers in them, but it sometimes presented a problem getting an accurate reading.

Town Attorney Tim Greenan stated that the board members had discussed the difficulty enforcing the ordinance because of the way the statute was worded; however, in a recent a court case a statute phrased similar to the Town of West Seneca’a was upheld.

FREEDOM OF INFORMATION REQUEST ON WAGES & BENEFITS

Dale Clarke, 379 Indian Church Road, stated that he had requested information on the wages of the four board members and asked if two months would be a reasonable time frame to be furnished with this information.

Town Attorney Tim Greenan advised that Mr. Clarke had filed a freedom of information request with his office in February 2004 requesting information on board member’s wages and benefits for the calendar year 2003. Mr. Greenan forwarded a copy of the request to the Town Clerk’s office and the Comptroller’s office. The Town Clerk’s office responded by sending a copy of the Organization Meeting minutes from 2003, which listed what the Town Board approved for compensation for board members and benefits pursuant to the White Collar Contract. Mr. Greenan did not receive a response from the Comptroller’s office and had checked back with them on a couple occasions. Prior to this meeting Mr. Greenan gave Mr. Clarke the information from the Town Clerk’s office and asked Comptroller Chuck Koller about the information from his office. Mr. Koller was aware of the request and indicated to him that the only document he had that would be in response to the request would be the town’s issued financial statements that he expected to have shortly. These financial statements accumulated all the dollars paid to board members. Mr. Greenan informed Mr. Clarke of this prior to the meeting and Mr. Clarke suggested that W-2 statements might also satisfy his request. Mr. Greenan stated that he would discuss this suggestion with Mr. Koller to determine if it was appropriate to give out that document.

PROBLEMS OF THE PUBLIC

RESIDENT QUESTIONS FEDERAL FUNDING FOR RAILS TO TRAILS

Dale Clarke, 379 Indian Church Road, referred to the Master Plan for Tim Russert Park and noted that it called for a footbridge over the creek leading to a park, “Rails to Trails.” Mr. Clarke questioned if federal money was given for the project.

Councilman Osmanski responded that the town had at one time acquired options on a lot of properties along the abandoned railroad corridor, but they did not receive any federal funds for the project. The town was trying to obtain the vacant parcel owned by Oakgrove Construction where the footbridge was to be located. They were not successful, but Councilman Osmanski was still working on it.

MAINTENANCE OF THRUWAY PROPERTY ALONG EMPORIUM AVENUE

John Mett, Emporium Avenue, expressed concern over the condition of the NYS Thruway property behind the homes on his street and the standing water. The NYS Thruway was supposed to maintain the property between the barrier and the chain link fence, but this was not being done. Mr. Mett asked that the town take some steps to make the NYS Thruway follow through on their maintenance.

Motion by Supervisor Clark, unanimous second, that the Town Board of the Town of West Seneca requests that the NYS Thruway Authority fulfill their obligation to adequately maintain their section of property between the resident’s back lot lines on Emporium Avenue and the wooden barrier.

On the question, Councilman Hicks stated that he would contact the NYS Thruway Authority, Senator Stachowski and Assemblyman Higgins regarding this issue and follow up on it on behalf of the Town Board.

Supervisor Clark requested that Town Clerk Patricia Wisniewski forward a copy of this resolution to the Executive Director of the NYS Thruway Authority in Albany, the Regional Director of the NYS Thruway Authority, Senator Stachowski, and Assemblyman Higgins.

CLEANUP OF CREEK EMBANKMENT ON ORCHARD PARK ROAD

Virginia Grandoni, 870 Orchard Park Road, commented on the garbage on Orchard Park Road and Ridge Road going down the embankment to Cazenovia Creek. She questioned if the Town of West Seneca enforced the Adopt-a-Highway program and suggested that a gentle reminder be sent to those that have not picked up the trash and fulfilled their commitment.

Highway Supt. Pat Finnegan responded that the New York State Department of Transportation was the only agency that had the Adopt-a-Highway program for their state roads.

Councilman Osmanski did not believe that the Adopt-a-Highway program would clean up the embankment to the creek; they would only cover the street area.

Supervisor Clark stated that in the past the AmeriCorps and summer help in the Highway Department had gone down the embankment and cleaned up the garbage in the spring. He suggested that Mr. Finnegan add this work to the list of things that needed to be done.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TITLE CHANGE FOR DOUGLAS BLANCHARD TO AUTO MECHANIC CREW CHIEF

Motion by Councilman Hicks, seconded by Councilman Graber, to terminate Douglas Blanchard as Auto Mechanic and appoint Douglas Blanchard as Auto Mechanic Crew Chief, Step 5, at a rate of $21.02 per hour effective May 10, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

OAKGROVE CONSTRUCTION AND TREE ORDINANCE

Councilman Osmanski stated that Oakgrove Construction had a number of stipulations with regard to the Tree Ordinance when they set up their construction yard along Mineral Springs Road. Upon completion of construction they were going to do a fairly large tree replacement on the property along with tree donations to the town. Councilman Osmanski wanted to ensure that Oakgrove Construction fulfilled their obligation and asked that Building Inspector Bill Czuprynski follow up on this.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:45 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK