West Seneca Town Board Meeting Minutes 08/20/2007





WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2007-10
West Seneca, NY 14224 August 20, 2007

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 -

Paul T. Clark   Supervisor
Christopher F. Osmanski   Councilman
Vincent J. Graber Jr.   Councilman
Craig J. Hicks   Councilman
Christina Wleklinski Bove   Councilman

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 Vernida H. Bonds, Shirley Beiter, Jacob “Joe” Salerno, Dorothy H. Veach and Terese A. Jagiello.

10-A   MINUTES TO BE APPROVED

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve Minutes #2007-9 of July 16, 2007.

    Ayes: All Noes: None Motion Carried

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the special meeting of July 23, 2007.

    Ayes: All Noes: None Motion Carried

  • Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve minutes from the July 16, 2007 bid opening for the 2007 Sanitary Sewer Rehabilitation Project.

    Ayes: All Noes: None Motion Carried

    10-B    TABLED ITEMS

    1.   Councilman Graber re Agreement with Level 3

    Remained on the table.

    10-C    COMMUNICATIONS

    1.   Supervisor Clark re Reappointment of George Molnar to Board of Assessment Review

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to reappoint George E. Molnar to the Board of Assessment Review for a five-year term effective October 1, 2007 through September 30, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    2.   Supervisor Clark re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $1902.11 to the West Seneca Veteran’s Committee for reimbursement of expenses for the Memorial Day reception.

    Ayes: All Noes: None Motion Carried


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    1250 Union Road Minutes #2007-10
    West Seneca, NY 14224 August 20, 2007
    Page two . . .

    10-C   COMMUNICATIONS

    3.   Town Engineer re NYSEG proposal for Meyer Road

    Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for a net annual increase of $231.48 to the general lighting district for removing four 70-watt and adding six 150-watt hps luminaires on the existing poles along Meyer Road.

    Ayes: All Noes: None Motion Carried

    4.   Town Engineer re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Engineering Department:

    Cues, Inc.     (camera & accessories for TV truck)       $13,517.22
    Wastestream Technology      (discharge monitoring reports)       $ 1,758.00
    John L. Peterson Plumbing & Heating, Inc.       (ventilation fan at Plant 6)       $ 7,864.00

    Ayes: All Noes: None Motion Carried

    5. Highway Supt. re WNY Municipal Urban Forest Restoration Assistance Grant

    Motion by Councilman Osmanski, seconded by Councilman Graber, that Patrick Finnegan, as Highway Superintendent of the Town of West Seneca, or such person’s successor in office, is hereby authorized and directed to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Town of West Seneca for Western New York Municipal Urban Forest Restoration Assistance Grant in an amount not to exceed $4200.

    On the question, Councilman Bove commended Mr. Finnegan and Dan Frontera for putting together this grant application, noting that the town could greatly use these funds to restore trees.

    Ayes: All Noes: None Motion Carried

    6.   Highway Supt. re Military leave of absence for Joseph Steen

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Joseph Steen effective August 11 – 25, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    7.    Highway Supt. re Termination of Justin Lester as summer help

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Justin Lester as summer help in the Highway Department effective August 6, 2007 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 #2007-10
    West Seneca, NY 14224 August 20, 2007
    Page three . . .

    10-C   COMMUNICATIONS

    8.   Highway Supt. re Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a budgetary transfer of $2500 from Equipment Acct. #01.5132.0200 to Radio Installation Acct. #01.5132.0439 for radio purchase.

    Ayes: All Noes: None Motion Carried

    9.   Highway Supt. re Budgetary transfer request

    Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a budgetary transfer of $5000 from Shelter – Trees Acct. #01.7110.0463 to Equipment Acct. #01.7110.0200 for new fencing at Sunshine Park.

    Ayes: All Noes: None Motion Carried

    10.   Highway Supt. re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of the following vouchers for the Highway Department:

    Iroquois Fence       (chain link fence at Sunshine Park)          $5300.00
    Valley Tire Co., Inc.          (tires)             $2054.08
    Lakeside Sod       (baseball diamond material)       $2505.00
    Northeast Diversification    (sealing & re-striping parking lot at the Burchfield Center)    $2330.00
    SCL A-1 Plastics Ltd.       (recycling boxes)       $4850.00

    Ayes: All Noes: None Motion Carried

    11.   Chief Gehen re Attendance of Det. Bloom & Officer Morano at training conference

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Detective Dennis Bloom and Officer Kenneth Morano to attend the Police Juvenile Officers Association and Advanced School Resource Officer Training Conference in Lake Placid, New York, August 26 – 31, 2007 at a total cost not to exceed $1952.

    Ayes: All Noes: None Motion Carried

    12.   Chief Gehen re Attendance of Lt. Robert Sporysz at FBI National Academy

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Lt. Robert Sporysz to attend the 231st session of the FBI National Academy, September 30 – December 14, 2007 at a total cost not to exceed $2392.00, which includes two (2) round trip airfares.

    Ayes: All Noes: None Motion Carried

    13.   vChief Gehen re 2007 Justice Assistance Grant

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the Edward Byrne Memorial 2007 Justice Assistance Grant (JAG), Award #2007-DJ-BX-0131, noting that the Town of West Seneca will receive $11,027 in financial assistance to be utilized to finance the community policing programs.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-10
    West Seneca, NY 14224 August 20, 2007
    Page four . . .

    10-C    COMMUNICATIONS

    14.   Chief Gehen re Title change for Joseph Turkovich to Detective Temporary

    Motion by Councilman Osmanski, seconded by Councilman Graber, to grant a leave of absence to Joseph Turkovich as Police Officer effective August 27, 2007 and appoint Joseph Turkovich as Detective Temporary effective August 28, 2007 at an annual salary of $65,753.18 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    15.   Chief Gehen re Status change for Public Safety Dispatcher J. McCullough to part-time seasonal

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatcher James McCullough to part-time seasonal effective August 1 – 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    16.   Chief Gehen re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2514.12 to West Seneca Auto Glass for repairs to Car #22 and $5320 to United Uniform Company for vests.

    Ayes: All Noes: None Motion Carried

    17.   Town Clerk re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $2545 to Brown’s River Bindery, Inc., One Allen Martin Drive, PO Box 8501, Essex, VT 05451 for preservation and rebinding of various records books in the Town Clerk’s Office.

    Ayes: All Noes: None Motion Carried

    18.   Town Clerk re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $3600 to Niagara Business Solutions, Inc., 4661 Apple Drive, Lewiston, NY 14092, for windows update of the Clerk’s Accounting System.

    Ayes: All Noes: None Motion Carried

    19.   Recreation Director re Purchases requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2718 to the West Seneca Girls Softball Association for umpires fees and $3178.11 to S & S Worldwide for recreation supplies.

    Ayes: All Noes: None Motion Carried

    20.   State & Federal Grants Manager re Justice Court Grant

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to sign a funding and equipment request through the State of New York Unified Court System, 2007 Justice Court Assistance Program, in an amount not to exceed $5000.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-10
    West Seneca, NY 14224 August 20, 2007
    Page five . . .

    10-C   COMMUNICATIONS

    21.   Youth Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2436 to Kotecki’s Grandview Grove, 4685 Seneca Street, for the YES (Youth Engaged in Service)/Peer Counseling banquet held on June 27, 2007.

    Ayes: All Noes: None Motion Carried

    22.   Youth Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $5490 to Civic Works Inc., 2701 St. Lo Drive, Baltimore, MD 21213, for staff expenses incurred from April 4 – October 31, 2006 associated with the AmeriProCorps grant.

    Ayes: All Noes: None Motion Carried

    23.   Youth Director re Purchase requiring Town Board approval

    Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the gold level support retainer renewal with IEvolve, 2810 Sweet Home Road, Amherst, New York 14225, at a cost of $5000.

    Ayes: All Noes: None Motion Carried

    10-D   REPORTS

  • Patricia C. DePasquale, Town Clerk’s report for July 2007 received and filed.

  • William P. Czuprynski, Code Enforcement Officer’s report for July 2007 received and filed.

  • Ruth E. Breidenstein, Receiver of Taxes’ report for June & July 2007 received and filed.

    ISSUES OF THE PUBLIC

    CLEANUP OF SENECA MALL SITE

    Karen Lucachick, 61 Greenmeadow Drive, thanked Councilman Bove for helping to get the Seneca Mall site cleaned up and commented that it looked much better than before. She hoped they would continue to do more with the site.

    SOCCER PARK ISSUES

    Frank Russo, Parkside Drive, stated that in 2005 before the town took over the soccer park, the cost to the taxpayers was $141,490. The town did not maintain the soccer park at the time; there were no utilities, supplies or labor paid for by the town. In 2006 after the lease was terminated, the town took over everything including the maintenance and supplies. Mr. Russo questioned what it cost the taxpayers to run the soccer park in 2006. He further noted that there was a permanent crew stationed at the soccer park to mow the lawns and maintain the building, and he thought it cost the taxpayers more after the town took over.

    Councilman Osmanski stated that Mr. Russo had pushed for the town to take over maintenance of the soccer park because he was unhappy with how it was being maintained, but he also did not want the town to increase the revenue from the soccer park. The Town Board decided that the soccer park was a town park and they would focus on maintaining it even though it would cost more. Councilman Osmanski noted that the town crews were doing a great job and the soccer park looked beautiful.

    Mr. Russo disagreed and thought that the soccer fields were in horrible shape. He further stated that the soccer association should have paid their share for the bond when the lease was terminated.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-10
    West Seneca, NY 14224 August 20, 2007
    Page six . . .

    ISSUES OF THE PUBLIC

    SOCCER PARK ISSUES    (continued)

    Councilman Osmanski stated that prior to the termination of the lease, the town had no other expenses but the bond because the soccer association paid for everything else.

    Councilman Graber noted that the town labor costs did not increase when they took over maintenance of the soccer park.

    Councilman Hicks stated that Mr. Russo had asked the Town Board to take over the soccer park and now that they had he was still not happy. Councilman Hicks was approached by Daemen College, Canisius College and the men’s league to come back to the soccer park and play the last two weeks of September, but they were told no because the board members had made a promise to the residents. Daemen College and the men’s league would be playing at Firemen’s Park instead.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    GRANT FOR REPLACEMENT OF WINDOWS AT W.S. LIBRARY

    Motion by Councilman Hicks, seconded by Councilman Graber, to enter into a grant program under the New York State Public Library Construction Grant Program with a match of 50 percent in cash by the town, to replace the windows in the West Seneca Library at a cost of $10,450.

    Ayes: All Noes: None Motion Carried

    PURCHASE OF VEHICLE FOR W.S. AMERICORPS’ MISSISSIPPI PROGRAM

    Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize the purchase of a 2007 Ford Focus from Fairmont Ford in Rochester for the West Seneca Americorps’ Mississippi Program under the municipal lease program with three annual payments of $5771.50 and a final payment of $1.

    Ayes: All Noes: None Motion Carried

    PURCHASES REQUIRING TOWN BOARD APPROVAL

    Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize payment of $2402.92 to Miracle Recreation for recreation equipment and $3520 to Lakeshore Employee Testing Service for administering the drug and alcohol testing program.

    Ayes: All Noes: None Motion Carried

    LEASE OF SURVEY VEHICLE

    Motion by Councilman Graber, seconded by Councilman Hicks, to approve the lease of a 2008 Ford Taurus X AWD from Towne Ford, 3535 Southwestern Blvd., Orchard Park, NY 14127, for use as a survey vehicle in the Engineering Department, at a cost of $398.57 per month for 36 months.

    On the question, Supervisor Clark questioned if this was municipal lease pricing.

    Principal Engineer Assistant Gary Bommer stated that this was a Ford Red Carpet Lease and he thought it was municipal pricing. The current leased vehicle is four years old and the new vehicle will only be $10 per month more than the current lease.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-10
    West Seneca, NY 14224 August 20, 2007
    Page seven . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    RETIRMENT OF FRANCIS DEMARZIO, SEWER MAINTENANCE WORKER

    Motion by Councilman Graber, seconded by Councilman Hicks, to accept the retirement of Francis J. DeMarzio and terminate him as Sewer Maintenance Worker effective August 30, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    AMENDMENT TO RESOLUTION ON HEALTH CARE BENEFITS

    Councilman Osmanski stated that contract changes concerning health care benefits with the various unions were approved at the last Town Board meeting and to maintain consistency a motion was required to include department heads and elected or appointed officials.

    Motion by Councilman Osmanski, seconded by Supervisor Clark, that the following titles of town department heads, elected or appointed officials, and certain other full-time employees not covered by contract provisions between the town and the Blue and White Collar CSEA or the West Seneca PBA be afforded related benefits including Blue Shield or equivalent plan costs as well as all other health and welfare related benefits in accordance with the CSEA White Collar Contract or equivalent, with the exception of the Chief of Police and Assistant Chief of Police who are granted benefits pursuant to the contract with the West Seneca PBA. These will include the following: Supervisor, (4) Councilmen; Town Clerk, Highway Superintendent; (2) Town Justices; Receiver of Taxes; Town Attorney; (2) Deputy Town Attorneys; Town Comptroller; Sole Assessor; Secretary to Supervisor; (2) Clerks to Town Justices; Secretary to Highway Superintendent; Town Engineer; Code Enforcement Officer; Director of Recreation; Director of Youth Bureau; (2) Coordinators of Peer Counseling; (1) Service Learning Coordinator; (1) Supervisor of Youth Corps; (1) Coordinator of Federal & State Aid. The Town of West Seneca will pay 100 percent of non-Traditional or an equivalent plan for appointed or elected retired employees who have retired under the New York State Retirement System after January 1, 1992, noting that said payments shall not be made to employees but directly to the insurance carriers.

    Ayes: All Noes: None Motion Carried

    UPDATE ON REQUEST FOR TRAFFIC SIGNAL AT RESERVE & ORCHARD PARK ROAD

    Councilman Bove referred to the Town Board minutes from November 2006 and a request for a three-color traffic signal at the intersection of Orchard Park Road and Reserve Road. At that time, Highway Supt. Patrick Finnegan submitted a traffic study that was completed in April 2005 by Regional Traffic Engineer James Barnack of the New York State Department of Transportation (NYSDOT). The study included a three year accident history that did not reveal significant problems that would be correctible by the installation of a three-color traffic signal. Councilman Bove had contacted Mr. Barnack and discussed the other high traffic areas and the expanding residential development along Orchard Park Road, as well as the tragic accident that occurred at that intersection. Mr. Barnack agreed to reopen the investigation and again look at the need for a traffic signal at Reserve Road and Orchard Park Road, but the traffic count could not be done until the spring of 2007. Councilman Bove had not heard anything and when she contacted the NYSDOT recently she was informed that Mr. Barnack retired in January 2007. Another individual, Thomas Messana, was being brought on later this week and Councilman Bove left a message for that person to contact her as soon as possible. She understood that the traffic count had been completed, but they were waiting for updates on the accident investigation.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2007-10
    West Seneca, NY 14224 August 20, 2007
    Page eight . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    VERIZON PROPOSAL FOR PHONE SERVICE

    Councilman Bove stated that the contract for phone service with Level 3 ended and Verizon’s proposal would save the town about $10,000 per year. The Town Board would be asking Verizon to hold onto this proposal and put together a contract for the town to sign with them at this $10,000 annual cost savings.

    NIAGARA GENERATION LLC PROPOSAL

    Supervisor Clark stated that a company operating in Niagara Falls that was a coal fired power generating station had converted to a bio-mass generating system. The plant was building a new bio-mass fuel handling system and making a multi-million dollar investment in the general region.

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to direct the Town Attorney to review the proposal submitted to the Town of West Seneca by Niagara Generation LLC regarding removal of the town’s wood waste at no charge to the town.

    On the question, Supervisor Clark stated that Niagara Generation was also looking for the town to allow their contractors, landscapers and tree trimmers, to dump at the town’s site. Niagara Generation will process and grind clean wood, including waste that the town had been paying to grind, and they will pick up excess material at the town’s site, so the town will not have to pay to have it removed as in the past. Supervisor Clark asked that Town Attorney Timothy Greenan and Deputy Town Attorney Paul Notaro look at the proposal carefully and work with Highway Supt. Patrick Finnegan to ensure that safeguards are built in. He thought it appeared to be a favorable cost reduction for the town and something beneficial for the environment.

    Ayes: All Noes: None Motion Carried

    CLOSURE OF NORTHERN ACCESS TO BURCHFIELD VILLAGE PATIO HOMES

    Town Attorney Timothy Greenan referred to a request from the Board of Directors of the Burchfield Village Patio Homes asking for permission to close access to their development from Garden Village Drive. A petition was submitted with the request signed by most of the residents of Greenfield Drive. A letter from the fire department was also submitted indicating that they had no problem with closing the access.

    Motion by Supervisor Clark, seconded by Councilman Hicks, to amend the original approval of the Burchfield Village Patio Homes and authorize the closure of the northern access to the development at Garden Village Drive, noting that this was requested by the homeowners association and Greenfield Drive residents.

    Ayes: All Noes: None Motion Carried

    ADJOURNMENT

    Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:30 P.M.

    Ayes: All Noes: None Motion Carried



    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK