8-B   COMMUNICATIONS

1.   Town Engineer re Bid award for Savona Street Reconstruction Project

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the Savona Street Reconstruction Project, Job No. S-0403, to NC Contracting, Inc., 151 South Avenue, West Seneca, at their low unit-item contract amount of $197,375 and authorize the Supervisor to sign the contract documents.

8-B    COMMUNICATIONS

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the Harwood Road/Tobey Hill Drive/Cheryl Road Reconstruction Project, Job No. H-0402, to Occhino Corporation, 2650 Seneca Street, West Seneca, at their low unit-item contract amount of $844,708 and authorize the Supervisor to sign the contract documents.

Supervisor Clark abstained from voting on this motion because Occhino Corporation was a client of an accounting firm that he had a financial interest in.

Councilman Graber understood that any motion made by the Town Board would have to be carried by a majority of the size of the board, not the members present. He did not believe that this motion could pass with only two votes in the affirmative.

Town Attorney Tim Greenan stated that he would research this question, and if the item needed to be revisited, it could be placed on the next agenda.

3.   Town Engineer re Woodward Dr/Hybank Dr/Belmont Dr Reconstruction Project, change order #1

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve change order #1 for Buffalo Creek, Inc., 11800 Route 20A, Wales Center, NY 14169 in the amount of $53,182.94 for performing extra work on the Woodward/Hybank/Belmont Drive Reconstruction Project, Job No. W-0206.

4.    Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $6500 to Birch Grove Landscaping for privacy landscaping on the spillway at the Seneca Street soccer complex.

5.   Highway Supt. re Termination of Debra McCarthy as Secretary to the Highway Supt.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Debra McCarthy as Secretary to the Highway Superintendent effective May 18, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to designate Deputy Town Attorney William Bond as the Hearing Officer in the matter involving Debra McCarthy and direct that a hearing be scheduled as soon as possible.

8-B COMMUNICATIONS

6. Highway Supt. re Title change for P. Zaky & B. Cummins to Highway HEO

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Paul Zaky and Brian Cummins as Highway MEO’s and appoint Paul Zaky & Brian Cummins as Highway HEO’s, Group 5, Step 5, at a rate of $19.51 per hour effective May 24, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

7.   Highway Supt. re Title change for M. English, W. Zawieruszynski & M. Hearn to Highway MEO

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Matthew English: William Zawieruszynski; and Mark Hearn, as Highway Laborers and appoint Matthew English, William Zawieruszynski and Mark Hearn as Highway MEO’s, Group 2, Step 5, at a rate of $19.36 per hour effective May 24, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.    Highway Supt. re Appointment of S. Gioia, K. Doering & W. Lignos as pt seasonal laborers

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Sam Gioia; Kathy Doering; and William Lignos, as part-time seasonal laborers in the Highway Department effective May 24 – September 3, 2004 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Highway Supt. re Appointment of Michael Chase as Sanitation Substitute

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Michael Chase and Jeremy Klubek as Sanitation Substitutes at a rate of $7 per hour effective May 24, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.    Highway Supt. re Appointment of Corey Waszkielewicz as summer help in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Corey Waszkielewicz as summer help in the Buildings & Grounds Department at a rate of $6.50 per hour effective May 24 – September 3, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8-B    COMMUNICATIONS

11.   Chief Gehen re Attendance of Officers Baker & Gibbons at DARE Instructor seminar

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Officer Edward Baker and Officer James Gibbons to attend the DARE Middle/Junior High School Component Instructor Seminar in Rochester, New York, June 2 – 4, 2004 at a cost not to exceed $260.

12.   Chief Gehen re Bid award for two unmarked police vehicles

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the bid for the purchase of one (1) new unmarked Crown Victoria Police Interceptor and one (1) new Ford Taurus sedan for police use to Delacy Ford, 3061 Transit Road, Elma, NY 14059 at their low bid price of $28,592.00, noting that these vehicles will replace older vehicles that were included in the bid as trade-ins.

13.    Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2080 to Vinyl Signz for graphics on police vehicles.

14.   Comptroller re Insurance consulting agreement with Hatch Leonard Naples

Motion by Councilman Osmanski, seconded by Councilman Graber, to ratify the agreement between the Town of West Seneca and Hatch Leonard Naples for insurance consulting services at a cost not to exceed $4000.

15.   Comptroller re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $10,609 to Siemens Building Technologies, Inc. for the annual service contract.

16.   Recreation Director re Appointment of K. Pacella & P. Krakowski as pt seasonal Clerk Typists

Motion by Councilman Osmanski, seconded by Supervisor Clark, to reappoint the following part-time seasonal Clerk Typists to work in the Burchfield Nature and Art Center effective June 1 – September 30, 2004:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8-B    COMMUNICATIONS

17.    Recreation Director re Appointment of part-time seasonal employees

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the individuals on the attached list as part-time seasonal effective June 24 – September 25, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

*APPENDICES*

8-C    REPORTS

PROBLEMS OF THE PUBLIC

PUBLIC INDECENCY AT SOCCER COMPLEX

Diane Siminski, 44 Parkside Drive, represented the Southgate Homeowners’ Association and commented on an incident that happened Sunday evening at the soccer field. An adult male soccer league played Sunday nights at 6 P.M. and two men decided to use the berm as their public restroom. They were spotted by a Parkside Drive resident who approached the men and asked them not to do that. The men then gave an obscene gesture to the resident. The resident went home and called the West Seneca Police to report the indecency, but the police did not respond. However, on Mother’s Day some children from Parkside Drive were playing on the soccer field and the police came and chased the children off. Ms. Siminski questioned if the Sunday night adult male league could play on a soccer field that was farther away from the residents’ back yards since they were the only league playing at that time. They would also be closer to the restrooms, which should solve that problem, and the noise level would be more controlled.

Councilman Graber responded that Ms. Siminski’s request was more than reasonable, and Dave Lawson of the soccer association had indicated to him that he would make every attempt to schedule the adult league as far away from Parkside Drive as possible. Unfortunately, this did not seem to be the case. Councilman Graber suggested that Chief Gehen look into why the police did not respond to the resident’s call last night.

Town Attorney Tim Greenan stated that he was at the soccer field last night with his children. Dave Lawson was there and informed him that someone from the soccer association had scheduled practices at the soccer field and taken up some of the fields. This forced the adult league to play on a field that they should not have been playing on. Mr. Lawson was in the process of resolving this problem. He did not want practices on these soccer fields because it caused problems with the fields being torn up for the games. There was also a State Cup qualifier game being played on the field closest to Seneca Street, so the soccer complex had much more usage than usual yesterday.

Councilman Osmanski stated that they could not police every individual that used the soccer complex, but he thought that they could possibly sanction the team if someone did this in the future.

PROBLEMS OF THE PUBLIC

STATUS OF ICE RETENTION STRUCTURE

Diane Siminski, 44 Parkside Drive, questioned the status of the ice retention structure, how the easement process was going, and if the bids were ready to go out.

Town Attorney Tim Greenan advised that they had negotiated to the extent possible to obtain all the easements voluntarily, and the condemnation petitions were filed with the court last week to acquire the remaining easements. There were quite a few property owners that did not accept the offers.

Councilman Graber noted that this was not a typical condemnation proceeding. The town would only be using the land to flood, there would be no impact on the land, and the property owners would still own it.

Mr. Greenan stated that the town was committed to doing everything in its power to make the ice retention structure happen, but they did not have control over New York State or the Army Corps of Engineers.

FENCE ON INDIAN CHURCH ROAD

Dale Clarke, 379 Indian Church Road, publicly thanked Channel 2 for getting a job done in two weeks that the town could not do in five months. Mr. Clarke stated that a fence was constructed along Indian Church Road that probably saved a child’s life, and he questioned why it took so much effort to have something done about it. He further referred to a problem he had with the NYS Thruway behind his home. Mr. Clarke stated that he had called Senator Stachowski and Assemblywoman Wirth at that time and received a response from both. Residents from Klas Avenue also had their problem resolved by Senator Stachowski. Mr. Clarke questioned why Supervisor Clark was not able to resolve the residents’ problems.

Supervisor Clark responded that he was very actively involved with Senator Stachowski in trying to get the Klas Avenue matter under control and resolve the residents’ problem.

Councilman Graber stated that he often referred residents’ problems involving the NYS Department of Transportation (NYSDOT) to the state representatives. The NYSDOT did not listen well to the Town Board because they did not control their funding. Councilman Graber stated that he had often seen Supervisor Clark contact Senator Stachowski and Assemblywoman Wirth with state related matters because they were in control of that level of government.

Town Attorney Tim Greenan stated that the town had jurisdiction over certain areas of town, but Indian Church Road was a county road and the railroad crossing was owned by the railroad. Highway Supt. Pat Finnegan had a fence put up for safety, but he had no jurisdiction to do that.

PUBLICATION OF TOWN BOARD AGENDAS

Dale Clarke, 379 Indian Church Road, questioned if Councilman Graber had spoken to W.S. Bee Reporter Beth Hutchinson regarding publication of the Town Board meetings.

Councilman Graber responded that this was the first meeting that Beth Hutchinson was at since Mr. Clarke had commented on the meetings not being published. He intended to do that this evening.

PROBLEMS OF THE PUBLIC

PUBLICATION OF TOWN BOARD AGENDAS   (continued)

Town Attorney Tim Greenan stated that there was no legal requirement for the Organization Meeting to be published. Every town in Erie County had an Organization Meeting, and since he became Town Attorney in 1993, or even prior to that, the town did not publish it. They were legally required to hold an Organizational Meeting, but it was not a public hearing where the public had input. The editors of the West Seneca Bee could choose to advertise the meeting in an article if they felt it was relevant and they had the space for it.

Mr. Clarke stated that although the public was not permitted to speak at the Organization Meeting, they were invited and he thought the meeting should be published. He questioned how the public would know of the Organization Meeting in future years.

Supervisor Clark responded that the Organization Meeting was always held one of the first few days of January, so when it was close to that time Mr. Clarke could call the Town Hall to find out the exact date.

Councilman Graber further noted that the meeting notice would be posted on the town’s website.

Mr. Greenan stated that Supervisor Clark announced the Town Board meetings quarterly or semi-annually. With respect to special meetings, three days written notice had to be given to all board members and the media. It was up to the media as to whether they chose to publish the notice.

Supervisor Clark stated that the Organization Meeting was not considered a special meeting and it was scheduled at the end of December each year. The media was notified of the Organization Meeting each year.

Karen Lucachick, 61 Greenmeadow Drive, stated that one of the reasons the Town Board had meetings was so the public could observe the performance of the public officials. The public could attend meetings, listen to deliberations, and hear the decisions that went into the making of public policy. Ms. Lucachick commented that she had been attending Town Board meetings for many months and saw very little decision-making taking place. Last week the Town Board had a work session and Ms. Lucachick stated that this was the first one she was aware of since she had been attending meetings. No one knew about the work session except for the board members. She understood that they should be scheduled one week in advance of the meeting and the news media and public should be notified. Ms. Lucachick commented that people would like to see some debate between the board members and see their government in action. She referred to the Buffalo News and noted the number of work sessions that were advertised for various towns throughout the county, yet there were no work sessions for West Seneca.

Councilman Graber responded that the town notified the Buffalo News of their meetings and work sessions, but the Buffalo News did not always print the notices.

Reporter Helen Jones from the Buffalo News was present at the meeting and stated that the town always sent in meeting notices, but they were not always published.

TOWN EMPLOYEE COMMENTS ON EMPLOYMENT ISSUE

Debra McCarthy thanked the Town Board members for the manner in which they handled her employment issue. She further suggested that Highway Supt. Pat Finnegan do his homework in the future rather than assuming something and violating a person’s human rights.

PROBLEMS OF THE PUBLIC

DRAINAGE PROBLEM ON BRADWOOD ROAD

Tina Zier, 81 Bradwood Road, stated that there was landlocked property in her backyard that had standing water and she was concerned about the West Nile Virus. She asked if the town could do something to eliminate the water. Mrs. Zier presented pictures of the situation to the board members.

Highway Supt. Pat Finnegan stated that he had visited the property with Gary Bommer of the Engineering Department and they determined where a ditch line should be cut, but it was too wet right now to get in there. It was on the schedule for his department.

STATUS OF CELL TOWER AT TOWN HALL

Christin LaBruna, 532 Main Street, questioned the status of the new fire/police tower that was to be built behind Town Hall and whether permits had been issued, drawings produced, or geo-technical work reviewed.

Chief Gehen responded that a meeting was scheduled this week with the potential companies that might be taking part in erecting the tower and some of the local fire companies. He would have a better idea of the status of the tower after that meeting and suggested that Ms. LaBruna contact him later in the week for more information. The report from the bore samples was given to the two prospective companies for their review.

Ms. LaBruna questioned if the bidding process was part of the upcoming meeting.

Chief Gehen stated that the meeting was informational to determine what the prospective companies would need and what kind of specifications would have to be put out.

Town Attorney Tim Greenan advised that Ms. LaBruna had submitted of Freedom of Information request dated May 14, 2004 requesting copies of any information relative to the proposed tower. Chief Gehen would furnish Ms. LaBruna with the information as it became available.

Deputy Town Attorney William Bond asked Ms. LaBruna if she would like a copy of the plans or if she would prefer to meet with Chief Gehen when he had information available.

Ms. LaBruna responded that she wanted to know if other locations had been researched. If there was a better location for the tower she preferred that it not be in her backyard. She stated that according to Chief Gehen other locations were not really researched and she questioned if that was required.

Chief Gehen stated that they had looked at several locations with representatives from FM Communications, Saia Communications, and Rural Metro. The Town Hall property was the best location economically given the proximity to the dispatch center and the availability of the storage garage for storing the equipment. This was the primary area they were looking at to construct the tower.

Ms. LaBruna questioned if this was a federally funded project.

Chief Gehen responded that federal funds were not involved in payment of the cost of the tower.

Ms. LaBruna wanted to be involved in the process and was concerned about the aesthetics and the fall zone for the tower. She questioned whether a variance would be required.

PROBLEMS OF THE PUBLIC

STATUS OF CELL TOWER AT TOWN HALL    (continued)

Mr. Greenan did not believe that a variance would be required on town property. He would be meeting with Chief Gehen and they would ensure that Ms. LaBruna was involved and had input in the process.

Councilman Graber stated that he would also be attending the meeting and would keep Ms. LaBruna informed of what was transpiring. He assured her that she would be provided input.

Ms. LaBruna expressed concern that the space would not be big enough for the tower and questioned if there had been any discussions on removing trees.

Chief Gehen stated that both suppliers had looked at the site and felt it would be big enough. The tower would be three legged with 17 feet between legs. They had not gotten far enough in the discussions to talk about removal of any trees.

STATUS OF MASTER PLAN

Amy Carpenter, 406 Woodward Crescent, questioned the status of the Master Plan and asked for a date that it would be presented.

Councilman Osmanski responded that he had not received any update since the last meeting on when the next meeting would be, but he would ask the consultant for a date. The consultant had to come back once more to the Master Plan Steering Committee with a final draft. After that, they would schedule a public hearing.

Ms. Carpenter commented that the town was paying the consultant for his services and she suggested that the town give the consultant a deadline and make him live by it.

Virginia Grandoni, 870 Orchard Park Road, stated that she was anxiously awaiting the public hearing on the Master Plan and she agreed that the consultant should be given a date to submit it by.

TOWN SEWER PROJECTS

Virginia Grandoni, 870 Orchard Park Road, requested information on this year’s sewer project and the sleeves that were going through the sewers throughout the town.

Town Engineer George Montz responded that they were planning another project, but they had to get it organized and put out to bid. He could not recall what was projected for this year and suggested that Ms. Grandoni contact his office for the information.

CHAMBERLIN DRIVE RECONSTRUCTION

Mike O’Day, 221 Chamberlin Drive, commented on the awarding of a contract to Occhino Corporation earlier at this meeting and questioned if they would be coming back to finish Chamberlin Drive. He noted that the concrete was cracked. Mr. O’Day further questioned if the Harwood Road/Tobey Hill Drive/Cheryl Road reconstruction project awarded at this meeting was federally funded or if the taxpayers would be paying for it.

Town Engineer George Montz advised that tomorrow morning he would be meeting with Occhino Corporation to review Chamberlin Drive and the punch list. He further stated that the taxpayers would be paying for the Harwood Road/Tobey Hill Drive/Cheryl Road reconstruction.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BOARD MEMBERS RESPOND TO PUBLIC COMMENTS ON AGENDA PUBLICATION

Councilman Graber commented that most of the Problems of the Public section of this meeting revolved around communication and the residents wanted to know when the Town Board meetings were held. He asked W.S. Bee reporter Beth Hutchinson if she could publish the meetings in a more prominent place in the paper.

Beth Hutchinson stated that the Town Board meetings were always published in the calendar section in the middle of the paper.

Councilman Osmanski commented that every time the board members received a memo from Supervisor Clark concerning a Town Board meeting or Work Session the memo was copied to the W.S. Bee and the Buffalo News, but they could not make the media publish the meetings. The only publication requirement of the town was for public hearings concerning zoning changes or amendments to the ordinances, but a memo was still sent to the media advising them of the meeting. Some people expressed concern about the Organization Meeting and not having attended it, but there was no public comment allowed at that meeting like there was at a regular Town Board meeting. The Organization Meeting was strictly an administrative meeting. It was taped and the minutes were available in print and on the town website. There was no secret about what occurred and no hidden agenda. It was open government and they were always open to ideas on how to increase communication.

Councilman Graber stated that when the board members received the agenda they made their phone calls to the department heads, asked any questions, and called other board members to discuss different items. He commented that other towns had work sessions because the board members did not like each other. They never spoke to each other publicly or acted civilized and called each other on the phone, so they had to have a formal work session because it forced them to discuss an issue. Councilman Graber stated that they did not operate that way in West Seneca. They were diametrically opposed to any project at the initial stage and they worked it out among themselves and came to a compromise. The Open Meetings Law did not prevent him from interjecting his point of view directly to the other board members or department heads, one-on-one, face to face. This was how they did business in West Seneca because they had a professional business relationship with each other. This was how they settled their differences.

Supervisor Clark referred to the items on tonight’s agenda and did not believe there was anything controversial that required a lot of debate or varied points of view. He thought that they had a good, open, and high-quality government because they worked together in a professional, cooperative manner. Supervisor Clark noted that everyone had their option every two years to vote to change board members and select who they wanted to represent them. The residents also had the right to attend the meetings and voice their opinion and he was happy that they were participating in government.

APPOINTMENT OF RICHARD MACEY AS PART-TIME SEASONAL LABORER

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Richard Macey as part-time seasonal laborer in the Building & Plumbing Department at a rate of $13 per hour effective June 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

LEASE AGREEMENT WITH CINGULAR WIRELESS

Motion by Supervisor Clark, seconded by Councilman Graber, to authorize the Town Attorney to finalize negotiations regarding the lease agreement for town owned property for a cellular tower to be constructed by Cingular Wireless on vacant land located at 441 Indian Church Road, noting that the term is for five years at a cost of $14,400 per year.

NEGATIVE DECLARATION FOR UPSTATE FARMS COOPERATIVE

Supervisor Clark stated that Upstate Farms Cooperative was still considering locating their 165,000 dairy manufacturing facility at North America Center. He commented that the project was fully compliant with the goals and requirements of the Industrial Park Overlay Review District and he was in receipt of a signed environmental assessment form executed on May 5, 2004.

Motion by Supervisor Clark, seconded by Councilman Graber, to issue a Negative Declaration with respect to SEQR on the Upstate Farms Cooperative project, based on compliance with the established uses and acceptable environmental impacts as stipulated in the Industrial Park FSGEIS.

RECREATIONAL FACILITY ON CLINTON STREET

Motion by Supervisor Clark, seconded by Councilman Osmanski, to designate the Town of West Seneca as Lead Agency for purposes of SEQR for a proposed recreational facility located at 3099 Clinton Street.

On the question, Supervisor Clark stated that the town would like to remain in control of further studies and inquiries with respect to this project.

CONSENT ORDER WITH NYSDEC

Motion by Supervisor Clark, seconded by Councilman Graber, to authorize the Supervisor to enter into an order on consent regarding the town’s sanitary sewer overflows between the town and the New York State Department of Environmental Conservation (NYSDEC).

On the question, Supervisor Clark stated that the NYSDEC issued some inquiries and they would like the town to propose a new plan or revised timetable to attempt to increase the reduction of SPDES permits or permits in cases of wet weather when the town has to channel around different flows in order to keep residents’ basements from backing up. They would be working with the NYSDEC and working out a consent order and this would allow the town to negotiate under proper terms and conditions a way to review and renew these permits as they continue the remediation work.

Town Attorney Tim Greenan stated that the purpose of this was not to eliminate the flows from residents’ basements. When it started flowing in their basements, the town would pump it from the sewage system where it was blocked up in order to alleviate the flows. The NYSDEC wanted the town to stop doing that, and this consent order would enable the town to relieve the pressure on the system so it did not backflow into the residents’ basements.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

CONSENT ORDER WITH NYSDEC   (continued)

Councilman Graber noted that a lot of the sewer infrastructure was old and needed to be repaired or replaced. The taxpayers of those individual special districts paid the entire cost of the replacement. They would prefer to phase in the proposed plan to minimize the impact on the taxpayers. At the same time, they needed to stop the infiltration.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Graber, to adjourn the meeting at 9:15 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK