West Seneca Town Board Minutes 03/27/2006
Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance. ROLL CALL: Present -
Absent - None Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. The meeting was dedicated to the memory of Henry G. Gossel, Doris E. Scott and Rose L. Vogel. 5-A MINUTES TO BE APPROVED
5-B COMMUNICATIONS 1. Councilman Bove re Public hearing on Sex Offender Buffer Zone Law Motion by Councilman Bove, seconded by Councilman Hicks, to schedule a public hearing for Monday, April 24, 2006 at 7:30 P.M. to consider adoption of a sex offender buffer zone law barring registered sex offenders from living too close to schools, parks, playgrounds, athletic centers, daycare centers or any place where children congregate. On the question, Councilman Bove stated that the Town Board had been consistently trying to protect the children in the town, and last July a resolution was adopted requesting New York State to require mandatory monitoring of registered sex offenders. A resolution was also adopted authorizing the posting of information on Level 2 & 3 sex offenders on the town’s website. The proposed resolution was another step forward to ensure they do everything possible to protect the town’s children from sexual predators. Town Attorney Timothy Greenan stated that Deputy Town Attorney Paul Notaro was in the process of obtaining all the variations possible that could be put into the ordinance. He would be reporting directly to Councilman Bove.
2. Town Attorney re Community Development Block Grant housing activities agreement Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the Supervisor to execute the 2006 agreement between the Town of West Seneca and the County of Erie concerning housing activities under the Community Development Block Grant.
5-B COMMUNICATIONS 3. Town Engineer re Bid date for Barnett Drive & Elwood Drive Reconstruction Project Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of April 17, 2006 at 10:00 A.M. for receipt of bids on the Barnett Drive & Elwood Drive Reconstruction Project, Job No. B-0603.
4. Town Engineer re Bradwood/Erwin/Davis Roads Reconstruction Project, final acceptance Motion by Councilman Osmanski, seconded by Councilman Graber, to approve final change order No. 1 for Sue-Perior Concrete & Paving, Inc., 1500 Union Road, Suite 201, West Seneca, for a net deduct of $554.80 and accept the Bradwood/Erwin/Davis Roads Reconstruction Project, Job No. B-0501 at a final contract amount of $1,022,445.20.
5. Town Engineer re Gas Light Conversion Project, change order #1 Motion by Councilman Osmanski, seconded by Councilman Graber, to approve change order No. 1 for Siemens Building Technologies, Inc., 85 Northpointe Parkway, Suite 8, Amherst, NY 14228 in the amount of $12,543 for performing various items of extra work on the Gas Light Conversion Project, Job No. G-0604.
6. Town Engineer re NYSEG street lighting proposal – Treehaven Road Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $870.84 for adding thirty-six 70-watt high pressure sodium luminaries along Treehaven Road, Electric Lighting District No. 1E. On the question, Councilman Osmanski stated that this motion and the next eight motions had to do with setting up electric street lighting in areas that had gas streetlights. Councilman Graber noted that these items only showed the cost of operating the electric lights; they did not show the reduction in the cost of the gas.
7. Town Engineer re NYSEG street lighting proposal – Theresa Court Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the NYSEG street lighting proposal for an annual increase of $483.80 for adding twenty 70-watt high pressure sodium luminaries along Theresa Court, Electric Lighting District No. 2E.
8. Town Engineer re NYSEG street lighting proposal – Heritage Farm Road Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the NYSEG street lighting proposal for an annual increase of $290.28 for adding twelve 70-watt high pressure sodium luminaries along Heritage Farm Road, Electric Lighting District No. 5E.
5-B COMMUNICATIONS 9. Town Engineer re NYSEG street lighting proposal – Valley Drive Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $556.37 for adding twenty-three 70-watt high pressure sodium luminaries along Valley Drive, Electric Lighting District No. 6E.
10. Town Engineer re NYSEG street lighting proposal – Heather Hill Drive Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $604.75 for adding twenty-five 70-watt high pressure sodium luminaries along Heather Hill Drive, Electric Lighting District No. 8E.
11. Town Engineer re NYSEG street lighting proposal – Windmill Road Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $411.23 for adding seventeen 70-watt high pressure sodium luminaries along Windmill Road, Electric Lighting District No. 9E.
12. Town Engineer re NYSEG street lighting proposal – Garry Drive Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the NYSEG street lighting proposal for an annual increase of $919.22 for adding thirty-eight 70-watt high pressure sodium luminaries along Garry Drive, Electric Lighting District No. 10E.
13. Town Engineer re NYSEG street lighting proposal – Round Trail Road Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $290.28 for adding twelve 70-watt high pressure sodium luminaries along Round Trail Road, Electric Lighting District No. 11E.
14. Town Engineer re NYSEG street lighting proposal – Old Farm Circle Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the NYSEG street lighting proposal for an annual increase of $483.80 for adding twenty 70-watt high pressure sodium luminaries along Old Farm Circle, Electric Lighting District No. 12E.
15. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $1927.14 to TVGA Consultants for surveying work for easement acquisitions on the Cazenovia Creek ice control structure.
5-B COMMUNICATIONS 16. Highway Supt. re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3383.60 to Fleet Maintenance Inc. for truck repairs.
17. Chief Gehen re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $4136.27 to Eagle Point Gun for ammunition and $2068.56 to University of California Davis for lab testing on a homicide case.
18. Comptroller re Retirement of Charles Malinowski as Deputy Town Comptroller Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Charles E. Malinowski and terminate him as Deputy Town Comptroller effective March 25, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Malinowski served the Town of West Seneca for over 18 years. On the question, Supervisor Clark stated that when he joined the town as its first Comptroller, Mr. Malinowski joined as Deputy Comptroller and together they reorganized town finances at a challenging time. Supervisor Clark commented that Mr. Malinowski did some fine work and he appreciated his service.
19. Code Enforcement Officer re Unsafe conditions at Union Road property Town Attorney Timothy Greenan stated that Chapter 57 of the Town Code provides for the removal or repair of buildings in business, industrial, residential, and agricultural sections that from any cause may now or shall hereinafter become dangerous or unsafe to the public. Section 57-2 provides that the Town Engineer and Building Inspector are designated as officials to inspect any structure suspected to be in violation of this chapter and shall file a written report with the Town Board spelling out the details of the findings of their inspection. Chapter 57-3 provides that in the event the building is felt to be unsafe, collapsed or in need of removal or repair, a notice shall be served upon the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, either personally or by registered mail, addressed to the last known address, if any, of the owner or others listed. Said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed; and if such service is made by registered mail, a copy of such notice shall be posted upon the premises. A copy shall also be filed in the office of the Erie County Clerk. After the owner has been notified, they have 15 days to secure the property, and if they don’t, a hearing is scheduled with the Town Board. If the owner refuses or neglects to remove the structure the town can do so, and the costs involved shall be assessed against the land on which the building or structure is located. Mr. Greenan referred to a report dated March 3, 2006 and signed by Town Engineer George Montz, Asst. Code Enforcement Officer Robert Pinnavaia, and Fire Inspector John Gullo giving the conditions of the property at 1486 Union Road. A copy of the notice was sent to the property address and posted at the property. Code Enforcement Officer William Czuprynski was now requesting that the Town Board adopt a resolution declaring the building unsafe and directing that it be removed.
5-B COMMUNICATIONS 19. Code Enforcement Officer re Unsafe conditions at Union Road property (continued) Mr. Czuprynski stated that prior to demolishing the building, they would go inside to secure it and if there were any valuables they would be auctioned. Motion by Supervisor Clark, seconded by Councilman Osmanski, to declare the building located at 1486 Union Road as unsafe and direct Code Enforcement Officer William Czuprynski and Highway Supt. Patrick Finnegan to take the necessary steps to make the building safe and secure, calculate the expenses of their action and add that to the property tax bill. On the question, Supervisor Clark suggested that Mr. Czuprynski enter the house with a video camera or in the company of others to protect the town.
20. Senior Citizens Supervisor re Status change for Food Service Helper Carol Kennedy Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of part-time Food Service Helper Carol Kennedy to part-time seasonal effective March 27 – August 25, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
21. Recreation Director re Bid award for arts & crafts supplies Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for arts & crafts supplies to S & S Worldwide as follows: Item Nos. 1 – 22, 26 – 36, 38, 39, 41 – 48 - Total bid - $5413.95.
5-C REPORTS SOCCER COMPLEX POLICY Supervisor Clark stated that the residents of Parkside Drive were promised there would be a new arrangement in place for the operation of the Soccer Park prior to its opening in 2006 that seeks to minimize the impact of the park on their neighborhood and provide for a more efficient operation for the taxpayers of the town. Motion by Supervisor Clark, unanimous second, to adopt the Soccer Complex Policy as follows:
On the question, Supervisor Clark stated that review of the financial operations of the West Seneca Soccer Association indicated that the revenue received for the soccer park in 2005 was approximately $35,000 for registration and enrollment fees and approximately $25,000 in rental from other agencies and operations. The expenses involved in operating the soccer park were between $65,000 and $80,000 per year, including utilities, lawn care, field maintenance, etc. This has not worked for the soccer association and they have not been able to maintain their cash flow properly or generate any additional revenue for the town. Supervisor Clark noted that last week the town received approximately $40,000 as a result of the recent soccer registration. He thought they were well on the way to getting this matter under better control. They would continue to work on and improve the agreement and Comptroller Charles Koller and Town Attorney Timothy Greenan were continuing their work on finalizing the true accrued rent amount. Supervisor Clark thanked Councilman Hicks, Councilman Bove, Councilman Osmanski and Councilman Graber for their assistance in working through this issue.
ISSUES OF THE PUBLIC REMOVAL OF TREES ON SINGER DRIVE Jill Rajla, 4 Singer Drive, requested that the town cut down the trees in front of her house. They were infested with ants and the ants were getting into the roof and rafters of her home. She also noted that there was a bus stop in front of her home and she was concerned that the wind would blow the branches off the trees and injure a child. Mrs. Rajla presented pictures of the trees to the board members. Highway Supt. Patrick Finnegan stated that his department had investigated this request last summer and the trees were visibly healthy. There was some ant infestation and his department attempted to treat it and save the trees, because it was their position to not remove a healthy tree. Mr. Finnegan stated that he could call the town’s arborist and have him look at the trees at a cost of $400 per tree. Supervisor Clark asked that Mr. Finnegan take another look at the trees and they could then decide if they needed to consult an arborist.
ISSUES OF THE PUBLIC LEASE WITH SOCCER ASSOCIATION Joan Russo, Parkside Drive, questioned if a new lease with the soccer association was in place. Supervisor Clark responded that there would be no lease, but they would eventually enter into an operating arrangement or agreement. The town was taking control in a cooperative manner with the association. Town Attorney Timothy Greenan stated that in the event anyone uses the soccer park the town would have an agreement that said how much they were paying for that use. Any other soccer group that uses it must provide the town with insurance that indemnifies the town. Mrs. Russo questioned if the recent $40,000 received by the town included all the house and travel games the soccer club played at the complex. She further questioned how many children were registered in each program and if the town had received copies of the soccer association’s financial records for 2005. Councilman Osmanski responded that the $40,000 included all the games played by the soccer club at the soccer park. Supervisor Clark did not have the figures available on how many children were registered in each of the soccer programs but would be able to furnish Mrs. Russo with that information. Mr. Greenan, Comptroller Charles Koller, and Supervisor Clark had reviewed the soccer association’s financial records, but he did not have a copy of that information. Mrs. Russo asked if copies of the soccer association’s financial records would be available to the public. Mr. Greenan responded that the soccer association was required to file Form 990, which was available to the public. The documents they had reviewed were paid bills for expenses associated with the soccer complex and Mrs. Russo would have to contact the soccer association for that information. TAKING ACTION ON DILAPIDATED BUILDINGS Dale Clarke, 379 Indian Church Road, referred to the action taken earlier at this meeting on an abandoned house on Union Road and congratulated the town for finally doing something about dilapidated buildings. He commented on other unsafe buildings in town and suggested that the part-time employee in the Building & Plumbing Department give this priority over lawn maintenance issues. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF J. NICHOLAS & J. KELLY AS SANITATION MEO’S Motion by Councilman Hicks, seconded by Councilman Osmanski, to terminate James T. Nicholas and John C. Kelly as laborers in the Sanitation Department and appoint James T. Nicholas and John C. Kelly as Sanitation Motor Equipment Operators at a rate of $16.51 per hour effective March 27, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF ROBERT KRAUTSACK AS SANITATION LABORER Motion by Councilman Hicks, seconded by Councilman Graber, to terminate Robert Krautsack as part-time laborer and appoint Robert Krautsack as laborer in the Sanitation Department at an annual salary of $31691.89 effective March 28, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
TITLE CHANGE FOR ROBERT SCHULTZ TO WORKING CREW CHIEF Motion by Councilman Hicks, seconded by Councilman Graber, to change the title of Robert Schultz from Highway Motor Equipment Operator to Working Crew Chief, Step 5, at a rate of $23.25 per hour effective March 27, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
LEASE OF 15-PASSENGER VAN FOR AMERICORPS Motion by Councilman Hicks, seconded by Councilman Graber, to authorize a 36-month lease for a 2006 GMC Savannah 15-passenger van off the state bid contract from Jim Ball Pontiac to be used to transport AmeriCorps members and equipment to the Gulf Coast region. On the question, Councilman Hicks noted that the cost of this lease would be paid for through a Gulf Coast Recovery grant received by the AmeriCorps.
REALIGNMENT OF COMPTROLLER’S OFFICE Councilman Graber stated that with the retirement of Charles Malinowski as Deputy Town Comptroller the Comptroller’s Office would be realigned in an attempt to decrease costs and increase efficiency. The Deputy Comptroller position will be eliminated, upper level management duties will increase for Comptroller Charles Koller, and Linda Kauderer will be taking on additional responsibilities. These changes will realize a 15 percent budget savings that amounts to $31,000 per year. Motion by Councilman Graber, seconded by Councilman Hicks, to grant a leave of absence to Linda Kauderer from her position as Account Clerk/Mini Computer Operator effective March 28, 2006 through March 28, 2007 and appoint Linda Kauderer as Bookkeeper to the Supervisor effective March 28, 2006 at an annual salary of $45,178.00 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Motion by Councilman Graber, seconded by Councilman Hicks, to increase the salary of Charles Koller to $35,179 due to additional duties involved in his position as Town Comptroller effective March 28, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Supervisor Clark abstained from voting on this motion because Charles Koller is a partner of his in an accounting firm that they both have a financial interest in.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS STATUS CHANGE FOR PUBLIC SAFETY DISPATCHERS TO PART-TIME SEASONAL Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatchers David Koehler, David Steinwandel, and Roger Leising to part-time seasonal effective April 1 – 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
ABANDONED PLAZA AT SENECA CITY LINE Councilman Bove referred to the Comprehensive Plan public hearing held in January 2006 and the remarks of Mrs. Linda Toy of Burch Avenue about the former Ames Plaza near the Seneca Street city line being used as a tractor trailer parking lot. Councilman Bove had visited this site and was watching the area along with Code Enforcement Officer William Czuprynski. The parking lot was somewhat of a disaster area and a possible danger to the neighborhood. Councilman Bove requested that Mr. Czuprynski contact the property owner, take steps to have the site cleaned up, and report back with his progress. TOWN BOARD MEETINGS SCHEDULED Supervisor Clark announced the Town Board meetings scheduled for the second quarter of 2006 as follows:
SUGGESTION FOR ADDITIONAL ELECTRICAL INSPECTOR Town Attorney Timothy Greenan stated that the town had received a recommendation from a taxpayer that a second electrical inspector be added, and he asked for Code Enforcement Officer William Czuprynski’s thoughts on this suggestion. Mr. Czuprynski responded that earlier this year he had proposed that his department take over the electrical inspections with a part-time inspector. He had spoken with the Town of Amherst who had two or three inspectors, and they said this was profitable for them. Mr. Czuprynski would evaluate this and submit a proposal to the board members. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:35 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |