West Seneca Town Board Meeting Minutes 09/24/2007
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 -
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 J. Ronald Flury, Margaret M. Crotty, Marci V. Socha, Joseph A. Tyrpa and Gerald Burkley. Hans Mobius of the Farm Bureau of Western New York presented the Town Board members with certificates of appreciation and a plaque acknowledging their adoption of the Right-to-Farm Law in the Town of West Seneca. 11-A MINUTES TO BE APPROVED
11-B TABLED ITEMS Councilman Graber re Agreement with Level 3 Remained on the table. 11-C COMMUNICATIONS 1. Supervisor Clark re Community of Churches Crop Walk Motion by Councilman Osmanski, seconded by Councilman Bove, to approve the request from the West Seneca Community of Churches to host their annual Crop Walk to stop hunger on Sunday, October 28, 2007 from 1:00 P.M. – 3:00 P.M. on designated streets in the Town of West Seneca, noting that the West Seneca Auxiliary Police have been asked to assist with traffic matters.
2. Town Engineer re 2006 Sanitary Sewer Rehabilitation Project, final change order & acceptance Motion by Councilman Osmanski, seconded by Councilman Graber, to approve final change order #1 for Insituform Technologies, Inc., 253B Worcester Road, Charlton, MA 01507 for a net deduct of $16,744.90 and accept the 2006 Sanitary Sewer Rehabilitation Project, Job No. S-0608, at a final contract amount of $288,033.10.
11-C COMMUNICATIONS 3. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $5300 to Kandey Co., Inc. for work at Plant #5.
4. Highway Supt. re Disposal of equipment Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Highway Supt. Patrick Finnegan to dispose of the following equipment that is no longer in service:
5. Highway Supt. re Title change for John Broderick to Highway Laborer Motion by Councilman Osmanski, seconded by Councilman Bove, to terminate John Broderick as Highway Motor Equipment Operator and appoint John Broderick as Highway Laborer, Group 1, Step 5, at a rate of $21.72 per hour effective August 13, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Title change for Daryl Krawczyk to Sewer Maintenance Worker Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Daryl Krawczyk as Heavy Motor Equipment Operator in the Highway Department and appoint Daryl Krawczyk as Sewer Maintenance Worker, Group 2, Step 5, at a rate of $22.06 per hour effective September 11, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7. Highway Supt. re Termination of A. Gioia & W. Mack as part-time sanitation laborers Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Adam Gioia and Wayne Mack as part-time laborers in the Sanitation Department effective September 24, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11-C COMMUNICATIONS 8. Highway Supt. re Appointment of T. John & M. Shearer as part-time sanitation laborers Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Timothy John and Michael Shearer as part-time laborers in the Sanitation Department at a rate of $7.15 per hour effective September 24, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9. Highway Supt. re Status change for Bldgs & Grounds summer help to part-time laborers Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of the following Buildings & Grounds Department summer help to part-time laborers effective September 24, 2007 – April 24, 2008: Jacob Ciulla and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10. Highway Supt. re Status change for Bldgs & Grounds seasonal laborers to part-time laborers Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following Buildings & Grounds Department part-time seasonal laborers to part-time effective September 24, 2007 – April 24, 2008:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Highway Supt. re Status change for Tom Oleski to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time laborer Tom Oleski to part-time seasonal effective September 24, 2007 – April 24, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11-C COMMUNICATIONS 12. 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:
Valley Tire Co., Inc. (tires) $2009.80
13. Chief Gehen re Attendance at Int’l Association of Chiefs of Police training conference Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Chief Gehen to attend the International Association of Chiefs of Police (IACP) training conference in New Orleans, Louisiana, October 14 – 17, 2007 at a total cost not to exceed $2117.60.
14. Chief Gehen re Amendment to West Seneca Police Department rules & regulations Motion by Councilman Osmanski, seconded by Councilman Bove, to adopt the currently amended rules & regulations concerning the administration and conduct of the West Seneca Police Department.
15. Chief Gehen re Purchase of computer workstations Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of twenty-seven (27) HP Compaq Business Desktop dc7700-CMT-Intel Core 2 microcomputers from Hewlett Packard Company, 13207 Collections Center Drive, Chicago, IL 60693, at the NYS contract price of $543.01 each for a total cost of $14,661.27.
16. Chief Gehen re Purchase of rifles Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of two (2) DPMS AP-4 rifles with accessories from DPMS, 3312 12th Street, St. Cloud, Minnesota 56304, at a cost of $1124 each for a total cost of $2248 plus $30 shipping for a grand total of $2278 and noting that this purchase is less than NYS contract pricing.
17. Chief Gehen re Purchase of radio equipment Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of one (1) Kenwood TK-7510PS repeater with antenna splitter, line termination panel, TDM console modification, UPS including labor, from FM Communications Inc., 1914 Colvin Blvd., Tonawanda, at the NYS contract price of $3974.
11-C COMMUNICATIONS 18. Chief Gehen re Budgetary transfer request Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a budgetary transfer request of $3500 from Various Police Equipment Acct. #01.3120.0210 to Dispatch Equipment Acct. #01.3120.0211.
19. Chief Gehen re Status change for part-time Public Safety Dispatchers to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Public Safety Dispatchers James McCullough, James Kavanaugh and Edward Jarka to part-time seasonal effective October 1 – 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Chief Gehen re Retirement of Jeanne Wright Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Jeanne Wright and terminate her as Senior Clerk Steno effective October 20, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Wright is retiring after 24 years of service to the town.
21. Comptroller re Appointment of Joanne Krakowski as Senior Account Clerk Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Joanne Krakowski as Senior Account Clerk, Group 4, Step 1, effective September 25, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
22. Town Justices re Salary increase for Maureen Murphy, Clerk to Town Justices Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a salary increase to Maureen A. Murphy, Clerk to Town Justice Richard B. Scott, and set her salary in accordance with Group 3, Step 3, of the White Collar contract effective September 12, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11-C COMMUNICATIONS 23. Receiver of Taxes re Status change for part-time clerks to seasonal Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of the following part-time clerks to part-time seasonal effective September 10 – November 30, 2007:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
24. Recreation Supervisor re Status change for part-time food service helper June Edie to seasonal Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Food Service Helper June Edie to part-time seasonal effective September 24, 2007 thru February 15, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
25. Recreation Director re Appointment of K. Kogut & C. Kogut as part-time recreation attendants Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following part-time employees in the fall/winter recreation programs effective September 16, 2007 thru May 31, 2008: Recreation Attendant @ $7.50 per hour Recreation Attendant @ $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
26. Recreation Director re Appointment of part-time employees for fall/winter recreation programs Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint the individuals on the attached list as part-time employees to work in the fall/winter recreation programs and at the Ice Rink effective September 30, 2007 thru May 31, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
*APPENDICES* 27. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $14,583.50 to the West Seneca Soccer Club for soccer balls and referees for the 2006-2007 season.
11-C COMMUNICATIONS 28. Recreation Director re Budgetary transfer request Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a budgetary transfer request of $1400 from Salary – Recreation Supervisor Acct. #01.7180.0100 to Sports – Recreation Equipment Acct. #01.7180.0230.
11-D REPORTS ISSUES OF THE PUBLIC TRAFFIC AND SPEEDING ISSUES ON ST. DAVID’S DRIVE Jack Rubery, 14 St. David’s Drive, commented on the condition of St. David’s Drive between Seneca Street and the right turn and stated that there is a lot of traffic on the street from vehicles entering and exiting Southgate Plaza, including trucks and semi’s making deliveries. Mr. Rubery had spoken to Highway Supt. Patrick Finnegan about the street and was also asking for the Town Board’s assistance in getting it repaired. He further referred to a problem with children playing in the street and vehicles speeding, especially 4 PM to 6 PM on workdays, and was concerned about someone getting hurt. Mr. Rubery asked for signage stating, “Slow – Children at Play”. Mr. Finnegan stated that he would take a look at the condition of St. David’s Drive tomorrow. He further noted that they do not recommend posting “Children at Play” signs because it gives children a false sense of security that it is safe to play in the street. The signs are only placed where a playground is adjacent to a road. Councilman Hicks suggested posting signs that read, “Be a good neighbor. Please slow down.” Chief Gehen stated that he would have radar set up to help enforce the speed limit. Councilman Graber noted that tractor trailers should not be using St. David’s Drive and asked that the officers also enforce that restriction. ACCESS ROAD FOR PROPOSED FISHER ROAD SUBDIVISION Debbie Eldridge, 585 Fisher Road, stated that her family was told their property was going to be condemned and taken for a road to access Marrano’s proposed subdivision off Fisher Road. She understood that Marrano was in the process of purchasing land behind her home for the road and questioned if there was still a threat of her land being taken by the town. Councilman Hicks stated that he understood the developer had purchased land from a gentleman on Berg Road, so they had another access to the property. Councilman Graber noted that the developer could not take the Eldridge’s land and only the Town Board could initiate an eminent domain proceeding.
ISSUES OF THE PUBLIC LANDSCAPING AT TRANSITOWNE DODGE ON TRANSIT ROAD Karen Lucachick, 61 Greenmeadow Drive, referred to a public hearing held November 6, 2006 on a rezoning for property on Transit Road where Blossom Hardware was located. The rezoning was for an expansion of Transitowne Dodge and Mrs. Lucachick had asked at the time if there would be landscaping and green space in front of the business. Mr. Morris, the architect, had presented the site plan and stated that there would be green space between the street and the parking area, but did not intend to plant bushes along Transit Road. Mrs. Lucachick stated that there was no green space as stated and the vehicles were parked next to the sidewalk. Supervisor Clark directed Code Enforcement Officer William Czuprynski to investigate this. STATUS OF SANITARY SEWER REHABILITATION PROJECT Karen Lucachick, 61 Greenmeadow Drive, referred to the sanitary sewer rehabilitation project and questioned how far they had gotten on relining the sewers on Orchard Park Road. Town Engineer George Montz thought that the project had reached close to the vicinity of East & West Road. Along with Orchard Park Road, they were also doing the streets that were tributary to Orchard Park Road. TALL BUSHES ON DUCHESS DRIVE Roy Meyers, 33 Duchess Drive, stated that he had filed a complaint with the Building Department in March 2007 concerning 8’ high bushes that line his driveway and cause sight problems when he exits his driveway. The bushes belong to his neighbor and Code Enforcement Officer William Czuprynski had issued him notices and then a summons to trim the bushes to 4’ high. The neighbor finally trimmed the bushes but not enough to make the sight distance easier. Mr. Meyers asked that the town enforce the Zoning Ordinance and make his neighbor trim the bushes sufficiently. Mr. Czuprynski advised that the Zoning Ordinance states that a bush can be classified as a fence as long as you cannot penetrate it, and a fence can be no more than 4’ high in the front yard. In response to the notices and summons, the neighbor cut spaces in between the bushes, so they were now penetrable, no longer considered a fence, and could be as high as he wanted. Mr. Meyers was concerned about an accident happening and did not want to be responsible. He asked that the town make the neighbor trim the bushes to 4’ high. Councilman Osmanski was familiar with this issue and stated that there was an ongoing dispute between Mr. Meyers and his neighbor, but the neighbor had complied with the ordinance and trimmed the bushes. He noted that the pine trees on the other side of Mr. Meyer’s house were worse than the bushes. Councilman Bove questioned if the neighbor was issued a summons to appear in court. Mr. Czuprynski responded that the neighbor appeared in court on September 14th and presented pictures of the bushes that he had trimmed. The Judge issued an Adjournment in Contemplation of Dismissal (ACD) because he was in compliance.
ISSUES OF THE PUBLIC “RIGHT-TO-FARM” LAW Frank Boncore, 250 Heather Hill Drive, referred to the presentation made to the Town Board at the beginning of the meeting concerning farming and questioned what farms were left in West Seneca since the soccer complex was built on Seneca Street and the Canisius project on Clinton Street. Councilman Osmanski responded that the presentation was in recognition of the Town Board adopting a “Right-to-Farm” law. HEAVY TRUCK TRAFFIC ON FISHER ROAD Steve Moskaluk, 157 Neubauer Court, stated that there was heavy truck traffic on Fisher Road since Marrano began developing their subdivision and he was concerned about accidents happening. He commented that Fisher Road was not wide enough for the construction vehicles and thought the town should do something about the traffic. Councilman Osmanski stated that the Planning Board approved the subdivision and as owners of the property Marrano had a right to build there as long as it was within the statutes of the town. Fisher Road was a county road and trucks were allowed to travel on it. CANISIUS HIGH SCHOOL PROJECT ON CLINTON STREET Frank Russo, Parkside Drive, referred to a recent article in the Buffalo News concerning the lawsuit against the Canisius High School project on Clinton Street and questioned why the town was using the same attorney as Canisius High School. Deputy Town Attorney Paul Notaro advised the Town Board not to comment on the Canisius High School project because the matter was still under litigation. FOIL REQUESTS ON GRANT APPLICATIONS FILED AND EMPLOYEE OVERTIME Frank Russo, Parkside Drive, referred to a FOIL request he had filed concerning Dan Frontera and grant applications filed by the town. Mr. Russo questioned Mr. Frontera’s position with the town and what grants he had brought in. Mr. Russo further questioned overtime paid to various employees of the town – Secretary/Bookkeeper to Supervisor $13,000; Acting Assessor $32,000; Working Crew Chief $33,000; Fire Inspector $9,000. Councilman Hicks stated that Dan Frontera resigned from his position with the town two weeks ago for a job in the private sector, so the town no longer had a grantwriter. While Mr. Frontera was grantwriter, he brought in various grants for the AmeriCorps and for the town. Supervisor Clark stated that the people in the positions mentioned worked extra hours and were paid overtime. His secretary was his assistant and worked different events after hours. After the retirement of Assessor Edward Hummel, Acting Assessor Ed Toy worked extensively on major revisions on the town’s assessments. Supervisor Clark noted that personnel costs for the Assessor’s Office in West Seneca were about half the cost of similar towns in New York State. Code Enforcement Officer William Czuprynski stated that Fire Inspector John Gullo had a set salary, but he was called out on every fire and disaster in West Seneca, at any time of the day or night, to access the building while the fire chief was in charge.
ISSUES OF THE PUBLIC COLLECTION OF DELINQUENT PROPERTY TAXES Dan Warren, 836 Indian Church Road, questioned the town’s policy on collecting delinquent property taxes and how the shift in the county’s policy of selling them rather than foreclosing will affect the town. Supervisor Clark stated that the county takes over collection of the full property tax, so the town did not have to get involved. This was a great service the town got from the county because all the delinquencies got collected. The town gets paid up front and the county takes over. MAPLE TREE AT ENTRANCE TO FISHER COURT Johanna Guenther, 140 Neubauer Court, referred to a request she had made about four years ago that a maple tree at the entrance to Fisher Court be cut down. The maple tree was growing behind the brick wall and she was concerned that it would hit the wall and cause it to fall apart. A few days ago Mrs. Guenther noticed that a few bricks had fallen off the wall. Highway Supt. Patrick Finnegan stated that the maple tree wasn’t growing into the wall so it was not removed. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF JAMES RATHMANN AS PART-TIME RECREATION ATTENDANT Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint James Rathmann as part-time Recreation Attendant for the West Seneca Youth Bureau/Charles E. Burchfield Nature & Art Center, at a rate of $12 per hour effective August 21, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
TOPSOIL REMOVAL PERMIT FOR CANISIUS HIGH SCHOOL PROJECT Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a topsoil removal permit to HB Cornerstone at a fee of $4658 for removal of 9316 cubic yards of topsoil at 2869 Clinton Street.
NATURAL GAS SUPPLIER Councilman Bove stated that a week ago she had asked Town Attorney Timothy Greenan to fax her a copy of the Crown Energy Services contract. She had not yet received the contract, but Mr. Greenan had told her that this was a month to month contract. Councilman Bove understood this to mean that the contract never ends or it does not come up for analysis or bid. After researching the Town Board minutes from 1999, Councilman Bove found that on January 25, 1999 a consulting agreement was approved with RJP Energy for one year for $3000 upon the recommendation of Mr. Greenan. In checking the Crown Energy website, Councilman Bove found that the company was established in January 2000 and Roger J. Peck (RJP) was the President. A few days later on January 24, 2000 the Town Board voted unanimously to make Crown Energy Services its exclusive natural gas supplier as of February 1, 2000. There was no evidence of a bid. Councilman Bove requested and received a vendor activity report from the Comptroller’s office and found that from 2000 to 2007 a lot of money was paid to Crown Energy Services. During that time, $6000 per year was also paid to RJP Energy, who is also the president of Crown Energy. Therefore, Roger J. Peck was receiving
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS NATURAL GAS SUPPLIER (continued) $6000 a year as a consultant checking invoices for a company that he was also the president of. Councilman Bove was uncomfortable with this issue and thought there should have been a bid with requests for proposals from at least three natural gas sellers. She questioned if Councilman Graber could produce a list of natural gas sellers. Councilman Graber stated that he had been corresponding with Mr. Greenan and Comptroller Charles Koller on this issue. Mr. Koller was in the process of finding out how the County of Erie, the West Seneca School system, and other municipalities go about purchasing their natural gas to see if the Town of West Seneca can do it better. This information will be provided to all members of the Town Board and he will check with Mr. Koller on the progress of his research. This will be bid and they will request quotes from as many people as possible. Councilman Osmanski recalled the Town Board meeting with Mr. Peck and going into great detail about the natural gas rates. Mr. Peck had a very good presentation and was able to lock the town in at a much lower rate than natural gas was at the time, so there was substantial savings from the market price for gas. Councilman Osmanski stated that the town undergoes the same kind of decisions as homeowners with regard to locking in a price and Mr. Peck was able to offer the town a much lower rate. The town may have paid him a lot of money, but they might have paid someone else a lot more. Mr. Graber further referred to the energy management program initiated by the town and commented on the various ways they had lowered and tried to eliminate the use of natural gas altogether. TOWN BOARD MEETING SCHEDULED Supervisor Clark scheduled the next Town Board meeting to be held on October 15, 2007 at 7:30 P.M. with November and December meetings to be announced. REQUESTS FOR INCLUSION IN CERTIFIED AGRICULTURAL DISTRICT Town Clerk Patricia DePasquale read a notice from the Erie County Department of Environment & Planning stating that the Erie County Legislature designated November 1 – 30, 2007 as the annual thirty-day period during which land owners may submit requests for the inclusion of predominantly viable agricultural land within an existing certified agricultural district in accordance with Section 303-b of NYS Agricultural & Markets Law. The notice would be posted on the bulletin board in Town Hall and applications were available in the Town Clerk’s Office. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:45 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |