Warren v. West Seneca

FILED: ERIE COUNTY CLERK 07/24/2020 09:16 AM INDEX NO.
807781/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2020
STATE OF NEW YORK : COUNTY OF ERIE

SUPREME COURT :
: SUMMONS WITH VERIFIED COMPLAINT
:
DANIEL T. WARREN :
Plaintiff, : Index No.:
Against :
: Plaintiff designates Erie as the place
County
TOWN OF WEST SENECA, NEW YORK, : of trial
Defendant :
: The basis of venue is:
: The of Erie is the location of the Plain-

County
; tiff's residence as set forth below (CPLR §

: 503)
To the above named Defendants:
YOU ARE HEREBY SUMMONED to serve an Answer on the Plaint:fwithin twenty
(20) days after the service of this sum-ens, --h;ve of the day of service (or within thirty (30)
days after the service is complete if this sü==ans is not personally delivered to you within the
State of New York); and in case of your failure to appear, judgment will be taken against you by
default for the relief demanded in the complaint.
DATED: July 22, 2020
Buffalo, New York
Daniel T. Warren
Plaintiff, Pro Se
836 Indian Church Road

West Seneca, New York 14224
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FILED: ERIE COUNTY CLERK 07/24/2020 09:16 AM INDEX NO. 807781/2020
STATE OF NEW YORK : COUNTY OF ERIE

SUPREME COURT :
:
: VERIFIEDCOMPLAINT
:
DANIEL T. WARREN : Index #
Plaintiff, :
Against :
:
TOWNOF WEST SENECA, NEW YORK, :
Defendant :
:
Plaintiff, Daniel T. Warren, as and for his Complaint against Defendant herein alleges:
1. Plaintiff is a user of the park land located at 2001 Union Road, West Seneca, NY and
brings this proceeding for a declaratory judgment, to invalidate approvals already
granted, and for a permanent injunction to prevent the restoration and use of the structure
located on said parkland (1) without Defendants having obtained the State legislative
authorization that is required whenever parkland is alienated, i.e., put to a non-park use),
and (2) without Defendants having complied with SEQRA.
2. Plaintiff also seek to invalidate as arbitrary, capricious, and contrary to law the West
Seneca Town Board authorization of the repairs to the Burchfield Nature and Art Center,
specifically to the east gallery exterior and interior wall and ceiling repairs, patio
restoration, main gallery ceiling repairs and painting, and west gallery exterior and
interior wall and ceiling repairs, at a cost not to exceed $100,000 utilizing labor from the
Town's Highway Department.
3. Plaintiff, at all relevant times herein, resides in the Town of West Seneca, County of Erie,
and State of New York.
4. Plaintiff is a registered voter in the Town of West Seneca, County of Erie, and State of
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New York.
5. Plaintiff has an ownership interest in real property in the Town of West Seneca, County
of Erie, State of New York and pays New York State Income Taxes, Town and County
property taxes on property with an assessed value of more than $1,000.00 and sales taxes
on all purchases made within the State of New York.
6. Defendant the Town of West Seneca, New York ("the Town") is a municipal corporation,
and the owner of the property that is the subject of this proceeding located in the Town of
West Seneca, County of Erie and State of New York.
7. Defendant receives money from the State of New York and according to its last adopted
budget anticipates receiving $408,552.00 in State Aid.
8. Defendant receives a portion of the Erie County sales tax collected and anticipates
receiving $6,050,000 from Erie County.
agency"
9. Defendant is a "local (as said term is defined in ECL § 8-0105[2]).
10. Plaintiff is therefore a Taxpayer as defined in General Municipal Law § 51 and State
Finance Law § 123-b (1).
11. On April 4, 2020 Plaintiff made a request pursuant to FOIL by e-mail. Attached hereto
"1"
and marked as Exhibit is a true copy of this FOIL request.
12. On April 8, 2020 I received an acknowledgement of this FOIL Request and partial
"2"
response. Attached hereto and marked as Exhibit is a true copy of this
acknowledgement and partial response.
13. On May 6, 2020 I received the balance of the Response to the FOIL request. Attached
"3"
hereto and marked as Exhibit is a true copy of this response.
14. Defendant in February 1998 $70,000 was approved to come from the Building and
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Recreation Fee Trust Account to purchase 19 acres from Kasprzyk. Funding was
originally planned to come from the Clean Air/Clean Water Bond Act. The application
for the grant money and the Town still may receive it but removal of this contingency
"4"
allowed the project to move forward. Attached hereto and marked as Exhibit is a true
copy of the deed filed in the Erie County Clerk's Office on February 13, 1998 at Book of
Deeds 10927 Page 5371.
15. Plaintiff's home is, upon information and belief, less than 1 mile from the above
referenced property that is the subject of this action.
16. Defendant in April 1998 an additional 10.1 acres of vacant land at the rear of Island Park
for $10,000 with funds from the Recreation Trust Fund. (Page 6 of Exhibit "3").
17. Defendant in May 1998 the Town Board passed a motion to "authorize and direct
Supervisor Paul T. Clark of the Town of West Seneca to file an application for funds
from the New York State Office of Parks, Recreation and Historic Preservation in
accordance with the provisions of Title 9 of the Environmental Protection Act of 1993
and/or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed
$200,000 with the town committing a minimum of $210,000 in matching funds, and upon
approval of said request to enter into and execute a project agreement with the state for
such financial assistance to this Town of WestSeneca for the development of Burchfield
York."
Park located at the comer of Union Road and Clinton Street, West Seneca, New
(Page 11 of Exhibit "3")
18. Defendant in June 1998 the SEQR process was initiated for Burchfield Park Project and
the Town of West Seneca designated itself as the lead agency. Also, $22,500 was
approved for a change order for Nussbaumer & Clarke for development of a master plan
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for the Island Park Development project out of the funds from the 1996 Recreation Bond
(Pages 7-8 of Exhibit "3").
19. Defendant in July 1998 The Town Board adopted a resolution determining that the Town
of West Seneca Burchfield Park Development Project would be non-significance
(Negative Declaration under SEQR). Also, "On the question, Supervisor Clark stated
that this area will be dedicated to the memory of Charles Burchfield, a world famous
painter who lived and worked in Gardenville, and it will be maintained as much as
state."
possible in its natural (Page 14 of Exhibit "3").
20. Defendant in October 1998 payment in the amount of $5,701.85 was authorized to be
paid to Dean & Barbour Associates for archeological investigations and report work on
the Island Par project from the 1996 Recreation Bond (Page 10 of Exhibit "3").
21. Defendant in May 1999 the Town Board passed a motion to reject all submitted bids for
the construction of Burchfield Park - Phase 1. On the motion "Supervisor Clark stated
that the bids submitted for the construction of Burchfield Park - Phase I were
substantially in excess of engineering and architectural estimates and the Board felt it
project."
would be in the best interest of all residents to rebid this (Page 20 of Exhibit
"3").
22. Defendant in June 1999 the Town Board awarded various bids for the Burchfield Park
Improvements Project. (Page 21 of Exhibit "3").
23. According to Defendant's website "Groundbreaking ceremonies were held late in 1999
and a 5,500 square foot building and a 29-acre passive park honoring Burchfield were
opened in June of 2000. The Charles E. Burchfield Nature and Art Center includes an
Interpretive Center, the Youth Center and Americorps offices, a gallery and an outdoor
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amphitheater for concerts, classes and plays. Walking trails wind throughout Lots 94 and
95, past the old Ebenezer dam and the old millraces, even passing by the Middle
Ebenezer cemetery. Picnic benches dot the park, gardens are plentiful, and children have
facility."
their own play area, as the Center serves as a living educational (
http://www.westseneca.net/about-west-seneca/history/history-burchfield#gsc.tab=0 )
24. Defendant in July 1999 the Town Board passed a resolution that "Paul T. Clark, as
Supervisor of the Town of West Seneca, New York, is hereby authorized and directed to
file an application for funds from the New York State Office of Parks, Recreation and
Historic Preservation in accordance with the provisions of Title 9 of the Environmental
Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount
not to exceed $388,950 and upon approval of said request, to enter into and execute a
project agreement with the state for financial assistance to West Seneca for the
construction of an amphitheater, stage, children's play and educational areas, overlook
Park."
pavilion and a seasonal, removable footbridge in Burchfield (Page 23 of Exhibit
"3").
25. Defendant in February 2001 the Town Board passed a resolution to "authorize and direct
Supervisor Paul T. Clark of the Town of West Seneca, New York, to file an application
for funds from the New York State Office of Parks, Recreation and Historic Preservation
in accordance with the provisions of the 2001 Recreational Trails Program, in an amount
not to exceed $30,000 with the town agreeing to commit $42,825 in cash and in kind
goods and services as matching funds, and upon approval of said request, to enter into
and execute a project agreement with the state for such financial assistance to the Town
Park."
of West Seneca for the construction of a trail system in West Seneca's Burchfield
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(Page 54 of Exhibit "3").
26. Defendant in June 2002 the Town Board passed a resolution to "to authorize and direct
Paul T. Clark, Supervisor of the Town of West Seneca, to file an application for funds
from the New York State Office of Parks, Recreation and Historic Preservation in
accordance with the provisions of Title 9 of the Environmental Protection Act of 1993
and Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $112,230
and upon approval of said request to enter into and execute a project agreement with the
State for such financial assistance to this town for development of Burchfield Park. Parks
development funds will be used to construct an elevated canopy walkway system. The
proposed project seeks to provide amenities in Burchfield Park to better serve the
recreational needs of residents and to insure safe use of the park. As per state guidelines,
the Town of West Seneca agrees to provide $113,600 in cash and in-kind goods and
$225,830."
services, or 50 percent of the total allowable project costs of (Page 57 of
Exhibit "3").
27. According to an Audit conducted by the Comptroller of the State of New York dated
September 2010 entitled "West Seneca Misuse of Town Credit Cards and Resources -
Report of Examination - Period Covered: January 1, 2006

- January 21, 2010,
2010M-
22":
AmeriCorps'
"The scope of WNY operations expanded over time to
include areas outside of the Town and even outside the state, as far
away as Mississippi. While WNY AmeriCorps expanded its reach, it

continued operating as if it was a Town department. In 2008, WNY
AmeriCorps began to employ paid members. Prior to that, WNY
AmeriCorps did not have paid employees nor did it maintain its
own business processes. In effect, the financial operations of WNY
AmeriCorps were all run through the Town.
In June 2008, the Town and WNY AmeriCorps entered into a grant
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administration agreement, whereby, effective August 2008, the Town
formally assigned its grantee responsibilities to WNY AmeriCorps to

establish its own business functions (payroll processing, bill paying,
etc.). In addition, certain Youth Bureau employees became employees
of WNY AmeriCorps. The Town provides a pre-determined monthly
cash advance to WNY AmeriCorps to sustain its grantee operations
through December 2010. The monthly cash advance amount ranges
between $288,548 in September 2008 to a projected amount of
2010."
$91,980 in December
28. That in or about 2010 the Defendant moved the Town Offices of the supervisor, town
council and comptroller from Town Hall, at 1250 Union Road, to the Burchfield, at 2001
Union Road.
29. Defendant in April 2013 the Town Board authorized a bond to, among other things, "to
construct a restroom and storage facility at Burchfield Park ("Burchfield
Improvements")" - 62
(Page 60 of Exhibit "3").
30. In January 2017 Defendant closed the facility that is the subject of this proceeding on the
recommendation of the Town Engineers and Code Enforcement Officers (Page 64 of
Exhibit "3").
31. At the time of the subject structure's closing by Defendant it housed town offices,
including finance, human resources, the town attorney and paralegal, as well as various
community activities.
32. Based on the above the land that is the subject of this proceeding is parkland for purposes
of the public trust doctrine.
33. These past uses of this parkland violates the public use doctrine. The public trust
doctrine provides that dedicated parkland or public use land in New York is "impressed
with a public trust, requiring legislative approval before it can be alienated or used for an
purposes"
extended period for non-park [or non-public] (Friends of Van Cortlandt Park v
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City of New York, 95 N.Y.2d 623, 630 [2001]; see Matter of Glick v Harvey, 25 N.Y.3d
1175, 1180 [2015]).
34. Upon information and belief, Defendant seeks to use this property in the same or similar
manner in violation of the public use doctrine.
35. Defendant by and through the Town Attorney filed a Notice of Claim dated September
30, 2017 on Louis Design Solutions Architecture, LLC and filed in the Erie County
Clerk's Office on October 26, 2017 under Index# 815187/2017. Attached hereto and
"5"
marked as Exhibit is a true copy of this document.
30, 2017 on Nussbaumer & Clarke, Inc. and filed in the Erie County Clerk's Office on
October 26, 2017 under Index# 815185/2017. Attached hereto and marked as Exhibit
"6"
is a true copy of this document.
30, 2017 on Kidney Architects, P.C. and filed in the Erie County Clerk's Office on
December 12, 2017 under Index# 817954/2017. Attached hereto and marked as Exhibit
"7"
38. Defendant by and through the Town Attorney filed a Verified Complaint dated July 11,
2018 against Louis Design Solutions Architecture, LLC in the Erie County Clerk's Office
"8"
on July 12, 2018 under Index# 815187/2017. Attached hereto and marked as Exhibit
2018 against Nussbaumer & Clarke, Inc. in the Erie County Clerk's Office on July 12,
"9"
2018 under Index# 815185/2017. Attached hereto and marked as Exhibit is a true
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copy of this document.
2018 against Kidney Architects, P.C. and filed in the Erie County Clerk's Office on July
"10"
12, 2018 under Index# 817954/2017. Attached hereto and marked as Exhibit is a
true copy of this document.
41. Attached to each of the above complaint was the report of the Building Science Services,
LLC, dated April 28, 2017 that details the issues with the structure that is the subject of
"11"
this proceeding. Attached hereto and marked as Exhibit is a true copy of this
document.
42. All three of these lawsuits were dismissed as time-barred by the applicable statute of
limitations. The appeals of these dismissals are pending appeal and are fully submitted
and waiting for a decision of the Appellate Division, Fourth Department.
43. At a work session of the West Seneca Town Board on July 15, 2019 Defendant's Code
Enforcement Officer Jeffery Schieber reported on the estimated cost to repair the
structure as being $500,000 and to demolish and rebuild would be at an estimated cost of
"12"
$1.9 million. Attached hereto and marked as Exhibit is a true copy of the minutes
of this meeting.
44. In or about January or February 2020 the Town received a report of an audit conducted
by the Office of the New York State Comptroller's Office. The Town responded to the
report by letter dated February 24, 2020 that contains the Action Plan for the Town of
"13"
West Seneca. Attached hereto and marked as Exhibit is a true copy of this audit
downloaded from the official website of the Office of the New York State Comptroller on
2020 at 1:58 p.m. from https://www.osc.state.ny.us/sites/default/files/local-

July 18,
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government/documents/pdf/2020-03/west-seneca-2019-195.p_d_f .
45. On March 7, 2020 Governor Cuomo issued Executive Order 202 declaring a Disaster
Emergency in the State of New York due to the COVID-19 pandemic.
46. On March 19, 2020, The Town Board of Defendant met and discussed the needed repairs
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and reopening of the subject structure. Attached hereto and marked as Exhibit is a
true copy of the minutes of this meeting.
47. On March 20, 2020, Erie County Comptroller Stefan Mychajliw issued a letter addressed
to the Erie County Legislature on the effect that the COVID-19 pandemic and the
Governor's Executive Orders in response to the pandemic may have on the anticipated
sales tax the County's budget was premised on. Attached hereto and marked as Exhibit
"15"
is a true copy of this letter that was also posted on the Erie County website at
https://www2.erie.gov/comptroller/sites/www2.erie.gov.comptroller/files/uploads/pdfs/Sc
an_Musialowski%2C%20Christopher_11_47_49-20_03_2020.pdf .
48. On March 27, 2020, Erie County Comptroller Stefan Mychajliw issued a statement
regarding the potential effects that the COVID-19 pandemic may have on budgets
previously enacted in anticipation on sales tax receipts. His statement in pertinent part
read: "This is a trying time for all of us and I know that every village, town, city and
school district is carefully monitoring their budget as revenues are expected to take a
hit,"
major said Comptroller Mychajliw. "While we are all hoping we can get back to
usual'
'business as sooner rather than later, we also are aware that the shutdown of
businesses and loss of jobs is going to impact sales tax numbers. As the County's Chief
scenarios,'
Fiscal Officer, I ran these analyses to provide 'best and worst-case depending
on the percentage of sales tax reduction. Having this information will be essential as
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everyone adjusts their budget and makes difficult decisions during and after this
event."
unprecedented
49. After learning that the issue of the repairs of the structure were going to be taken up at the
Town Board meeting scheduled for March 30, 2020 Plaintiff submitted his position on
"16" e-
this issue. Attached hereto and marked as Exhibit is a true copy of Plaintiff's
mail.
50. On March 30, 2020 Defendant adopted the resolution that is the subject of this
"
proceeding that authorized the repairs to the Burchfield Nature and Art Center,
specifically to the east gallery exterior and interior wall and ceiling repairs, patio
restoration, main gallery ceiling repairs and painting, and west gallery exterior and
interior wall and ceiling repairs, at a cost not to exceed $100,000.00, utilizing labor from
the Town's Highway Department, and said repairs shall not commence until all of the
following have occurred: the grant funding has been approved and the Town is permitted
to access the funding, the current Governor mandated COVID-19 restrictions in the
workforce have been lifted, and the Town of West Seneca Highway employees are back
workforce." "17"
to full scale Attached hereto and marked as Exhibit is a true copy of
the minutes of the March 30, 2020 meeting of the Town Board of Defendant.
51. This challenged resolution is of appreciable public significance.
52. The funding of this project is from the Dormitory Authority of the State of New York in
the sum of $100,000. This is state funds as that term is defined in State Finance Law §
123-b.
53. This resolution violates the Term Limits Rule in that it purports to bind a future Town
Board to a course of action in the repair and reopening of the subject structure (Matter of
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Karedes v Colella, 100 NY2d 45, 50).
54. There is no evidence from the minutes of the March 19 or March 30, 2020 meetings that
the requirements of Chapter 30 of the West Seneca Town Code enacted pursuant to §
104-b of the New York State General Municipal Law have been met or complied with
(Opinion 99-2 of the State Comptroller).
55. Alternatively, this project is a public work as that term is used in General Municipal Law
§ 103 and Town Law § 122 for which there is no evidence that the requirements for such
has been met or complied with.
56. Upon information and belief, the labor cost involved in this project will be higher than
what it accounts for. In the past projects have called for the use of labor from the Towns
various departments to varying extent on projects to reduce their costs. To Plaintiffs
knowledge none of these savings that were counted on by the use of the Town's labor
force came to fruition.
57. Upon information and belief, the dependence on the labor of the Town's various
employees for this project will lead to out-of-title grievances and potentially increased
costs as a result of the State's prevailing wage laws that may be applicable to this project
(see Labor Law, §220 et seq.).
58. Upon information and belief, the total cost of contract work for the erection, construction,
reconstruction, or alteration of this public building will exceed $500,000 and is in
violation of General Municipal Law § 101.
59. There is no evidence from the minutes of the March 19 or March 30, 2020 meetings that
the requirements of the Corrective Action Plan submitted to the Office of the State
Comptroller just over a month before the adoption of the challenged resolution.
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60. State Environmental Quality Review Act (hereinafter "SEQRA") requires all state and
local governmental agencies to determine whether the actions they directly undertake,
fund or approve may have a significant impact on the environment (ECL §§ 8-0105,
0109, 6 NYCRR § 617.1).
61. More than 20 years ago the Legislature enacted SEQRA, and by so doing formally
recognized that environmental concerns should take their proper place alongside
economic interests in the land use decision-making processes of State and local agencies
(see, ECL 8-0103 [7]; 6 NYCRR 617.1 [d]). To insure that this laudable goal would be
accomplished, the Legislature created an elaborate procedural framework requiring
parties to consider the environmental ramifications of their actions "[a]s early as
possible" possible"
(ECL 8-0109 [4]) and to "the fullest extent (ECL 8-0103 [6]). The
mandate that agencies implement SEQRA's procedural mechanisms to the "fullest extent
possible"
reflects the Legislature's view that the substance of SEQRA cannot be achieved
without its procedure, and that departures from SEQRA's procedural mechanisms thwart
the purposes of the statute. Thus it is clear that strict, not substantial, compliance is
required.
62. At no time did Defendant initiate a SEQRA process for the project to repair the subject
property pursuant to 6 NYCRR 617.6(a)(1).
"actions"
63. All subject to SEQRA (i.e., Type I and unlisted actions) initially require the
preparation of an EAF, whose purpose is to aid an agency "in determining the
actions"
environmental significance or nonsignificance of (6 NYCRR 617.2 [m]; see also
617.6 [a] [2], [3]). After reviewing the EAF, if the lead agency determines "that the
action may include the potential for at least one significant adverse environmental
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impact,"
a positive declaration must be issued and completion of an EIS becomes
necessary (6 NYCRR 617.7 [a] [1]; see also ECL 8-0109 [2]).
64. No resolution was adopted or other evidence has been located that Defendant considered
this project under SEQRA and classified it as a Type II action as defined by 6 NYCRR
617.5.
65. At no time was the public or other interested agencies given the opportunity to participate
in a SEQRA process.
66. An Environmental Assessment Form as defined by 6 NYCRR 617.2(m) does not appear
to have been completed as it is neither in the minutes of any Town Board meeting of
Defendant nor is it linked to any of its agendas where this project has been considered.
67. At least a portion of the site of the proposed action, or lands adjoining the proposed
action, contain wetlands or other waterbodies regulated by a federal, State or local
agency.
68. A substantial portion of the Subject Parcel is also located within the same 100 year
floodplain that Plaintiff's property is just outside of and downstream from.
69. Plaintiff's property used to become marshy and swamp-like during periods of rain and for
some time after the rain subsided.
70. Plaintiff has planted willow bushes in his yard to help alleviate this water condition and
must maintain a sump-pit and sump-pump in his basement to prevent and control the
water around his basement. Plaintiff has expended a considerable sum of money to
install a water drainage system on his property.
71. Plaintiff believes that if this project is permitted to go forward the changes in ground
water quantity and quality together with the erosion and changes in stormwater runoff
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patterns will negatively impact the environment on his property and he will be compelled
to expend money to upgrade or install other drainage systems and methods to protect his
environment and property.
72. Plaintiff is concerned about the increased risks and effects of this project as proposed will
have on his environment which includes, but is not limited to: water pollution, changes in
the quantity and quality of the groundwater, the effect upon the nearby federal wetlands
due to erosion and runoff caused by the project as planned, as well as other negative
environmental and health consequences that are attendant by the proposed development
and use of the subject lands and the adverse impact on the continued use and enjoyment
of his homes. Plaintiff is also concerned of the affect that such environmental changes
will have on the value of his property. Plaintiff has expended sums of money to mitigate
the effect of the groundwater has on his home and if there are material changes in the
groundwater will be compelled to expend money to make adjustments to his property to
account for such change in the groundwater due to this project, if such adjustments are at
all possible.
73. The Subject Parcel is bordered by Buffalo Creek which in turn flows into Lake Erie
which is a navigable water as that term is defined in Navigation Law § 2(4) and is
navigable waters of the United States as that term is defined by the Clean Water Act and
the regulations promulgated thereunder.
74. At least a portion of the challenged project is located in or adjacent to an area designated
as sensitive for archaeological sites on the NY Historic Preservation Office (SHPO)
archaeological site inventory.
75. Defendant either failed to issue a positive or negative declaration or improperly issued a
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Negative Declaration under SEQRA, and the rules and regulations promulgated
thereunder, in violation of 6 N.Y.C.R.R. § 617.7 rendering the resolution authorizing the
project by Defendant erroneous as a matter of law, null and void, and of no effect.
76. At no time did Defendant issue a declaration under SEQRA for the project to repair the
subject property. No notice of a declaration pursuant to SEQRA, if any, by the
Defendant has been published in the NYS Department of Environmental Conservation's
Environmental Notice Bulletin pursuant to 6 NYCRR 617.12 [c][1].
77. At no time was an EAF, determination of non-significance under SEQRA, or other
document reflecting such findings or consideration were provided to the public under
POL § 103(e).
78. Defendant has included such SEQRA related documents for other projects in agendas
where they were to be considered in accordance with POL § 103(e).
79. If these documents exist this resolution should be set aside as being adopted in violation
of Public Officers Law article 7.
80. Defendant completely neglected its duty under SEQRA as required by 6 NYCRR
617.3(a)
81. Defendant violated SEQRA by failing to promptly make its own preliminary
classification of the proposed project as a Type I, Type II or Unlisted action (Devitt v.
Heimbach, 58 N.Y.2d 925, 928 (1983) (holding that resolution authorizing sale of real
"
property was not properly passed because the county legislature did not have prior to
nonsignificance"
passing that resolution either an EIS or a determination of ); Matter of
Kuzma v. City of Buffalo, 45 A.D.3d 1308, 1310-1311 (4th Dep't 2007)).
82. Accordingly, the resolution adopted by Defendant with respect to the subject project is
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erroneous as a matter of law, null, void, and of no effect.
83. As a result of the above the adherence to the challenged resolution will result in the
unlawful expenditure of state funds and Town funds and resources.
WHEREFORE, Plaintiff respectfully requests judgment:
a) Declaring that the land owned by the Town of West Seneca, New York, acquired by deed
filed in the Erie County Clerk's Office on February 13, 1998 at Book of Deeds 10927
Page 5371 is parkland subject to the public trust doctrine;
b) Declaring that the approval of the resolution pertaining to the repairs of the Burchfield
Nature and Arts Center by Defendant Town of West Seneca through its Town Board on
March 30, 2020 was arbitrary, capricious, and contrary to law and annulling that
Resolution;
c) Declaring that the approval of the resolution pertaining to the repairs of the Burchfield
Nature and Arts Center by Defendant Town of West Seneca through its Town Board on
March 30, 2020 was contrary to law in violation of SEQRA and annulling such
resolution;
d) Declaring that an Environmental Assessment Form as defined by 6 NYCRR 617.2(m)
and any determination under SEQRA for any project for which one is required is an
agency record available to the public pursuant to article six of the Public Officers Law.
e) Declaring that Public Officers Law § 103(e) requires that agency records be published
with the agenda for meetings subject to the Public Officers Law article 7 on its website;
f) Declaring the Town of West Seneca's use of this property for Americorps offices and/or
its own offices are, and were, alienations of the park land in violation of the public use
doctrine;
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g) Enjoining the planned repair and reopening of the structure located on the parkland
property as such constitutes alienation of the parkland in violation of the public trust
doctrine;
h) An award of Costs and disbursement of this proceeding;
i) Together with such other, further or different relief as the Court deems just and proper.
DATED: July 22, 2020
Buffalo, New York
Daniel T. arren
Plaintiff, Pro Se
West New York 14224
State of New York )

County of Erie ) ss:
I, Daniel T. Warren, am the Plaintiff in the within action. I have read the foregoing
Verified Complaint and know the contents thereof. The contents are true to my own knowledge
except as to matters therein stated to be alleged upon information and belief, and as to those
matters I believe them to be true.
Daniel T. arren
rn to before me this
__ ay of July, 2020
Notary Public
SUELLEN T. MCANENEY
Notary Public, State of New York
Registration No. 01MC4926391
Qualified in Erie County
My Commission Expires April 11, 2022
Page 19 of 19
19 of 19
"1"
Exhibit
7/20/2020 - Gmail RE: [EXTERNAL]FOIL Request
Daniel T Warren <warren.danielt@gmail.com>
RE: [EXTERNAL]FOIL Request
Amy Kobler <akobler@twsny.org> Mon, Apr 6, 2020 at 3:44 PM

To: Dan Warren <d.warren@roadrunner.com>
Hi Dan-
I received your FOIL and have sent it on to the appropriate departments. As most are working from home I am waiting on
them for a time frame. I will hopefully get back to you with a time frame tomorrow.
Amy M. Kobler
Town Clerk/Receiver of Taxes
Town of West Seneca
1250 Union Road
West Seneca, NY 14224
Phone: 716-558-3215
From: Dan Warren [mailto:d.warren@roadrunner.com]

Sent: Saturday, April 04, 2020 11:09 AM
To: Amy Kobler
Subject: [EXTERNAL]FOIL Request
Dear Records Access Officer:
Please email the following records if possible:
• The documents related to the real property of 2001 Union Road, West Seneca, NY (SBL: 134.08-2-1)
fc||Gwing
commonly known as the Burchfield Nature and Art Center:
o All deeds related to the property;
o AII rese!ut!ons or other official acts authorizing the acquainition of the property;
o All reso!ut!ons or other official acts related to the finañciñg of the acquiicitinn of the property
o AII resolutions or other official acts related to the financing of the initial construction of the structures built on
the property
o All rammliitions or other official acts authorizing the use of the property;
o AII reso!ut!ons or other official acts authorizing the construction, reirisde||iis, and/or repairs of the property;
• The that show the total spent/expended on the !!t!getion in the following lawsuits:
document(s)
o Town of West Seneca v. Kideney Architects P.C.
o Town of West Seneca v. Louis Design Solutions Architecture LLC
https://mail.google.cem/m=!!/u/1?ik=fcc23ecd37&view=pt&search=all&permmsgid=msg-f%3A1663253627477343768&simpl=msg-f%3A16632536274... 1/2
7/20/2020 - Gmail RE: [EXTERNAL]FOIL Request
o Town of West Seneca - v. - Nussbaumer & Clarke, Inc.
If all of the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed
and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of
reproduction).
If the requested records cannot be emailed to me due to the volume of records identified in response to my request,
please advise me of the actual cost of copying all records onto a CD or USB drive.
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify
my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If it is necessary to modify my request, and an email response is not preferred, please contact me at the following
telephone number: 716-570-6070.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide
the name, address and email address of the person or body to whom an appeal should be directed.
Respectfully,
Daniel T. Warren
West Seneca,NY 14224-1235
dwarren@roadrunner.com
716-570-6070
https://mail.google.com/mail/u/1?ik=fcc23ecd37&view=pt&search=all&permmsgid=msg-f%3A1663253627477343768&simpl=msg-f%3A16632536274... 2/2
"2"
Exhibit
7/20/2020 - Gmail FOIL
FOIL
Amy Kobler <akobler@twsny.org> Wed, Apr 8, 2020 at 2:12 PM

To: Dan Warren <d.warren@roadrunner.com>
Please be advised that The Town of West Seneca is in receipt of the request pursuant to FOIL. We will make every effort
to fulfill the request within 20 business days. Given the current limitaticius on the wcrkfarce due to COVID-19, it may not
be poss!b!e to respGñd to this FOIL request as quickly or efficiently as we would under normal circumstances, especially
as it relates to archived records. Thank you for your understanding.
In response to your particular requests, please see the attaci ed information regarding |itigaticñ expenses total costs on
Town of West Seneca v. Kideney/Louis Design/ Nussbaumer, as requested, from the inceptich of litigation through
February 2020.
Further, please be aware, if you desire the remaining information prior to the Town's response, you may find a number of
requests in the Town Board Meeting minutes on our website or on file at the Erie County Clerk's office.
Amy M. Kobler
Town Clerk/Receiver of Taxes
Town of West Seneca
1250 Union Road
Phone: 716-558-3215
2 attachments
Ernstrom & Dreste LLP KVS.PDF

11K
Burchfie!d Litigation Cost - Munis.pdf

178K
https://mail.google.cem/me!!/u/1?ik=fcc23ecd37&view=pt&search=all&permmsg|d=msg-f%3A1663429063493099820&simpl=msg-f%3A16634290634... 1/1
Date Prepared:
NYSCEF DOC. 03/14/2019
NO. 3 01:43 PM PUR419007/24/2020
RECEIVED NYSCEF: 1.0
Report Date: 03/14/2019 Header Page 1
Total Report Pages 1
Vendor Activity Report Parameters
This report was created from Vendor Activity screen

Date Prepared:
NYSCEF DOC. 03/14/2019
Report Date:
NO. 3
03/14/2019
01:43 PM
W W T ME PUR4190 07/24/2020
RECEIVED NYSCEF: 1.0
Page 1 of 1
Prepared By: MEGANW
Vendor Activity Report
VendorCode: 0000024831 ERNSTROM & DRESTE, LLP

1099 Option: Print a 1099 Fed ID/SS: 16-1420616
VOUCHERS
Addr Line # Invoice No. Inyc Date Voucher No. Check No ID Due/Paid Status Description Amount
1 32759 09/14/2018 107243 135619 00001 10/12/2018 P LEGAL SERVICES RENDERED 629.00
1 32593 07/16/2018 106331 135020 00001 07/31/2018 P LEGAL SERVICES RENDERED 2,822.00
1 32373 04/09/2018 104901 134248 00001 05/08/2018 P LEGAL SERVICES BURCHFIELD 9,202.43
1 32299 02/12/2018 104078 133611 00001 02/27/2018 P LEGAL SERVICES RENDERED - 4,379.00
BURCHFIELD
1 32088 11/09/2017 102711 132905 00001 11/28/2017 P LEGAL SERVICES RENDERED - 3,687.87
BURCHFIELD
1 31996 10/11/2017 102290 132677 00001 10/31/2017 P SERVICES RENDERED FOR BURCHFIELD 4,232.00
1 31918 09/07/2017 101891 132439 00001 10/03/2017 P SERVICES BNAC 3,737.30
1 31878 08/08/2017 101703 132309 00001 09/19/2017 P SERVICES RENDERED FOR CHARLES 2,118.00
BURCHFIELD NATURE AND ART CENTER
1 31779 07/06/2017 101041 131912 00001 08/08/2017 P WORK WITH THE CHARLES BURCHFIELD 1,106.50
NATUREAND ARTCENTER
Total Vouchers for Vendor: 14 41,654.42
Grand Total Voucher: 41,654.42

YEAR EFF DATE AMOUNT VDR NAME/lTEM DESC
2020 3/6/2020 8,779.00 ERNSTROM & DRESTE, LLP
2020 2/12/2020 588.23 ERNSTROM & DRESTE, LLP
71,854.96
COMMENTS
Legal Services - Burchfield
Charles Burchfield Nature and
Legal Services Rendered - Burc
Legal Services Rendered
Legal Services Burchfield
Legal Services Rendered Charle
Legal Services Rendered
Legal Services Rendered - Burc

"3"
Exhibit
7/20/2020 Gmail - FOIL Request
FOIL Request
Molly Martin <MAM@twsny.org> Wed, May 6, 2020 at 11:02 AM

"d.warrêñ@rcadrunner.com" <d.warren@roadrunner.com>
To:
Dear Mr. Warren,
Please find the requested information attached.
Thank you,
Molly Martin
Deputy Town Clerk
Records Inventory Clerk
Town of West Seneca
1250 Union Road
(716) 558-3216
From: Dan Warren [mailto:d.warren@roadrunner.com]

Sent: Saturday, April 04, 2020 11:09 AM
To: Amy Kobler
Subject: [EXTERNAL]FOIL Request
Dear Records Access Officer:
Please email the following records if possible:
• The foilewirig documents related to the real property of 2001 Union Road, West Seneca, NY (SBL: 134.08-2-1)
commonly known as the Burchfield Nature and Art Center:
o All deeds related to the property;
o All resolutions or other official acts authorizing the ecquisition of the property;
o All resolutions or other official acts related to the financing of the acquisition of the prGperty
o All resolutions or other official acts related to the firiaricirig of the initial construction of the structures built on
the property
o AII resolutions or other official acts authorizing the use of the property;
o AII resolutions or other official acts authorizing the construction, remede||rig, and/or repairs of the property;
• The document(s) that show the total spent/expended on the litigation in the fG||Gwirig !ewsu!te:
o Town of West Seneca v. Kideney Architects P.C.
o Town of West Seneca v. Louis Design Solutions Architecture LLC
o Town of West Seneca - v. - Nussbaumer & Clarke, Inc.
https://mail.google.com/mail/u/1?ik=fcc23ecd37&view=pt&search=all&permmagid=msg-f%3A1665953878243798251&simpl=msg-f%3A16659538782... 1/2
Page 1 of 85
7/20/2020 Gmail - FOIL Request
If all of the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed
and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of
reproduction).
If the requested records cannot be emailed to me due to the volume of records |dent|f|éd in response to my request,
please advise me of the actual cost of copying all records onto a CD or USB drive.
If my request is too broad or does not reasci ably describe the records, please contact me via email so that I may clarify
my request, and when apprGpr|ate inform me of the manner in which records are filed, retr|cved or generated.
If it is necessary to modify my request, and an email response is not preferred, please contact me at the fc||Gwii g
telephone number: 716-570-6070.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide
the name, address and email address of the person or body to whom an appeal should be directed.
Respectfully,
Daniel T. Warren
West Seneca,NY 14224-1235
dwarren@roadrunner.com
716-570-6070
BURCHFIELD FOILO4050420200506101641.pdf
19980K
https://mail.google.com/mail/u/1?ik=fcc23ecd37&view=pt&search=all&permmsgid=msg-f%3A1665953878243798251&simpl=msg-f%3A16659538782... 2/2
Page 2 of 85
FOIL FOR 2001 UNION RD, BURCHFIELD NATURE & ARTS CENTER
1. Funds for purchase of Island Park, 2/9/1998
2. Grant Contingency removed, 4/13/1998

3. Development of Park Master Plan, 6/22/1998
4. SEQR for Burchfield Park project, 6/22/1998

5. Archeological investigations for Island Park, 10/12/1998
6. Grant application and Archeological survey, 5/11/1998

7. Negative declaration for Burchfield Project and resolution, 7/13/1998
8. Award of professional engineering services, 1/26/1998
9. Payment for engineering work , 11/23/1998

10. Technical consultant, 4/12/1999
11. Burchfield-Penny Art Center proposal, 5/10/1999

12. First set of bids, 5/27/1999
13. Award for Burchfield Park Improvements Project, 6/28/1999
14. Review of material submittals, 7/19/1999
15. Grant application, 2 items, 7/19/1999

16. Engineering and design project costs and supplemental engineering (2 items) 9/13/1999
17. Alarm systems, 9/27/1999
18. Change order, 10/11/1999
19. ECWA agreement and telephone system, 10/25/1999

20. Change order, telephone system, 11/15/1999
21. Two change orders, 11/29/1999
22. Preliminary floodway investigation, 12/13/1999
23. Change order, additional work, 2/28/2000
24. Bond resolution, 3/13/2000
25. Change order and acceptances, 3/27/2000
26. Grant application, Bid award, 4/10/2000
27. Change order , 6/12/2000

28. Extension of Inspection Services, 9/18/2000
29. Trail Program, 2/12/2001
30. Change order, 6/11/2001
31. Final acceptance, 11/12/2001
32. Grant application, 6/10/2002
33. Topographical work, 8/12/2002
34. General obligation Bond, 4/1/2013
35. Legal notice of bond, 5/29/2013
36. Proposal from Building Science Services, 1/9/2017
37. Building Science Services Report, 4/28/2017
Page 3 of 85
Building Inspector Bill Czuprynski advised that the property owner was issued a summons to appear
in town court the second week of March.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #98-3
West Seneca, NY 14224 February 9, 1998
Page four . . .
PRESENTATION OF_COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT

HEADS
FUNDS FOR PURCHASE OF ISLAND PARK PROPERTY
Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to remove the
contingency for grant funds with regard to the Kasprzyk contract and the purchase of 19 acres of
land located at 1987 Union Road (formerly known as Island Park) for $70,000 and direct the Town
Attorney to close the transaction utilizing funds from the Building & Recreation Fee Trust Accotmt.
On the question, Councilman Osmanski stated that the board had originally planned to purchase the
property with funds from the Clean Air/Clean Water Bond Act. The application has been filed with
the state and the town may still be awarded the grant money, but removal of this contingency allows
the project to proceed. They were also pursuing some other grant options to offset some of the
cost.
Ayes: All Noes: None Motion Carried
AGREEMENT WITH UNION CONCRETE CONSTRUCTORS, INC.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve an agreemeñt between

the Town of West Seneca and Union Concrete Constructors, Inc. for their use of the town's property
at the Dirkson playground for installing their field office and access to the Route 400 ramp project.
On the question, Councilman Hicks questioned how long the agreement would be in effect.
Deputy Highway Supt. Ed Kowalewski did not have this information but would check with Union
Concrete.
Town Engineer George Montz responded that the project would last more than one year.
Councilman Osmanski noted that there would be a detour in effect for the Seneca Street ramp, and
he questioned whether the detour notification had been published in the paper.
Mr. Montz stated that he had attended the pre-construction meeting and asked that the notification
be sent to Town Clerk Patricia Wisniewski and distributed to all appropriate departments.
Mrs. Wisniewski responded that the notification was distributed to various departments along with
the newspapers.
Ayes: All Noes: None Motion Carried .
VOLUNTEERS REOUESTED FOR FRIENDS OF BUFFALO RIVER STUDY
Councilman Osmanski stated that the town had been involved in a study with the Friends of the
Buffalo River regardiñg land use along the Buffalo River as it goes through West Seneca. They
identified certain critical parcels which they deemed had future potential and areas to preserve the
natural green way along the river for wildlife migration. They were now looking to take the next
step which would involve a vegetation and wildlife survey. Councilman Osmanski stated that they
were trying to get as many West Seneca residents involved as possible who were interested in the
preservation of the Buffalo River corridor. They were seeking volunteers with professional
expertise in the areas of ecology, botany, biology, water quality, ornithology, civil engineering, law,
planning, or landscape architecture. Anyone interested were to forward their resume and letter of
interest for consideration to Councilman Osmanski by March 8, 1998. The board would then
Page 4 of 85

West Seneca, NY 14224 April 13, 1998
Page fifteen ...
7-D REPORTS
• Patricia C. Wisniewski, Town Clerk's report for March 1998 received and filed.
• William P. Czuprynski, Building Inspector's report for March 1998 received and filed.
• Ruth E. Taxes'
Breidenstein, Receiver of report for March 1998 received and filed.
• William O'Neil, Dog Control Officer's report for March 1998 received and filed.
PRESEPfrATION OF COMMINCATIONS BY BOARD unnerRS AND DEPARTMENT HEADS
RECOGNIZING COMMINTY COMMTrMENT
C-h- Wroblewski recognized the Kiwanis Club and the Youth Board for their co-..-..a-..-t to
the town and referred to the Easter Egg Hunt that took place on Saturday, April 11th at the Kiwanis
Center. The Southgate Plaza also had Easter activities for the children and he thentral William
Thornton for his continued support of the youth of West Seneca.
NOISE ABATEMENT GR ANT PROGR AM
Connaihnan Graber referred to a letter he had received regarding the NYS Thruway Authority's noise
e.b=tement program and suggested that Emporium Avenue be e±da-4 as a potential site to benefit
from this prograrn.
Deputy Town Attorney Eric Paul responded that Assemblyman Graber had negotiated with the
'Ibruway Authority in 1994 for noise abarement walls along Emporium Avenue and they are supposed
to be installed when that section of the thruway is widened.
Councilman Graber stated that it is not certain whether the state will follow through with the widening
project, but in the meantime, the residents of Emporium Avenue continue to be subjected to the noise.
He suggested that the Engineering Department research the status of the widcé.ag project and the
possibility of applying for the noise abatement program.
DUMPING ON SOUTHWESTERN BLVD.
Cüüücilüwas Graber referred to Building Inspector Bill Czuprynski a call from Mrs. Masocco, 1328
Southwestern Blvd. at the corner of Crofton Drive. Mrs. Masocco was concerned about the fill being
dumped along Southwestern Blvd. and the foul smell coming from it
Mr. Czuprynski stated that there should not be any new material being dumped there. He had talked
with Mr. Bueme yesterday and they are supposed to be clearing the property with a bulldozer. Mr.
Czuprynski gave him one week to clean up the property and make it look presentable.
Counnihnan Graber directed Mr. Czuprynski to inspect the property to determine if any new material
has been dumped and report back to him.
FILL FOR ROUTE 400 OFF-RAMP PROJF£T
Supervisor Clark refened to the Engineering Department calls he had received from individuals who
were concerned about where the fill was coming from for the Route 400 off-ramp project.
I Principal Fagineer Assistant Gary Bommer stated that he would find out where the fill crigiated, but
he was certain that it bad been approved by the NYS Thruway Authority. '1hey were using the fill as
embankment material so it must meet strict standards.
GRANT CONTINGENCY REMOVED FROM PURCHASE OF GALLEY PROPERTY
Motion by Cameilman Oernanalri seconded by Councilman Hicks, to remove the contingency for the
receipt of grant funds and authorize the Town Attomey to proceed on the closing ofthe pmchase of 10.1
acres of vacant land at the rear ofIsland Park with fiantage on Clinton Street, from Galley to the Town
of West Seneca, at the purchase price of $10,000.00 with funds from the Recreation Trust Fund.
Page 5 of 85

Page sixteen ...
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DRPARTMFN FHEADS
GRANT CON11NGENCYREMOVED PROM PURCHASR OF GAI.IEY PROPERTY (cont'd3
On the question, Councilman Ouna=ki stated that the pachase was approved in 1997 c-" upon
receipt of the grant funds. 'Ihe board decided to go ahead with this pachase without the grant fund
contingency.
I Ayes: All Noes: None Motion Carried
VIOLATIONS AT 10 LEIN OAD
Councilman Osmanaki questioned the status of the house on the comer of Lein and Center Road.
Building Inspector Bill Czuprynski responded that this matter was presently in court for =:==c::::
housing violations.
Town Attorney Tim Greenan stated that they have been successful in the past in promoting quicker
action in some cases by citing violations once a week, and Mr. Czuprynski was empowered to do this.
Cot.-ci!::::= Osmandi directed Mr. Czuprynski to fully utilize his power as Buiuing Inspector to
correct this situation.
REOURST FOR LIST OF MAINTENANCE & SOFTWARE CONTRACTS
Councilman Osmanski requested that Compeciler Chuck Koller fmnish him with a th11 list of the
outstanding maintenance and sof tware contracts for the various town departments.
S & R SERVICES TO CI.EAN UP SENRCA MA1,1, SITE
Building Inspector Bill Czuprynski stated that S & R Services has ce::t-::ctod with Greenauer
Development and they should begin cleanup of the Seneca Mall site te=o-m
BID DATE FOR CONCESSION STAND AT ICE RINK
Motion by C--·i!=:::: Oraber, seconded by Supervisor Clark, to set a bid date of May 6, 1998 at 10·00
A.M. for receipt of bids on the concession stand at the Ice Rink.
On the question, Ce=:cih:::::: Omnanaki questioned how the bids would be evaluated for the low bidder.
Town Attomey Tim Greenan responded that the specifications typically call for the concessionaire to
provide a certain level of service & products necessary for the efficient running of the town's i:rcg--.....a.
In addition, they bid on the square footage where the e½n is run fmm. The bid will be a straight
dollar amount that the bidder is willing to pay on an annual basis.
AD JOURNMENT
Motion by Supervisor Clark, seccaded by Councilman Oam=alri, to a4ourn the meeting at 10:15 P.M.
PATRICIA C. WISNIEWSKI, CMC

TOWN CLERK
Page 6 of 85

West Seneca, NY 14224 June 22, 1998

Page two ...
10-B COMMUNICATIONS
5. Town Engineer re Island Park Motion by Councilman Wroblewski, seconded by

Development Professional Councilman Hicks, to approve Change Order No. 1 for
Engineering Services, Change Nussbaumer & Clarke Inc., 3556 Lake Shore Road, Buffalo,
Order No. 1 NY 14219-1494, in the amount of $22,500 for development
of the park master plan for the Island Park Development
project, noting that funds for same are available under the
1996 Recreation Bond, Account Code #05.5128.8197.
6. Town Engineer re Seneca Motion by Councilman Wroblewski, seconded by

Street Soccer Complex Councilman Hicks, to award the professional engineering
Professional Engineering services work on the Seneca Street Soccer Complex to URS
Services award Greiner Inc., 282 Delaware Avenue, Buffalo, NY 14202-1805
at their proposal amount of $120,500.00, noting that funds are
available under the Capital Projects Fund.
7. Town Engineer re Sunshine Motion by Supervisor Clark, seconded by Councilman

Park Recreational Facility, Wroblewski, to approve Change Order No. 1 for Trademaster
Contract B-Plumbing, Change Contracting Inc. for an addition of $950 to furnish, install, test
Order No. 1 and certify one 1½ inch RPZ assembly complete with related
piping and appurtenances and extend the contract completion

date to July 15, 1998 on the Sunshine Park Recreational
Facility, Contract B - Plumbing, Job No. S-9615, noting that

the RPZ assembly is required by the Erie County Water
Authority and the NYS Department of Health and was not

included in the original bid.
8. Town Engineer re Sunshine Motion by Councilman Wroblewski, seconded by Supervisor

Park Recreational Facility, Clark, to approve Change Order No. 1 for Grand Island
Contract C-Electrical, Change Electric Inc. for a deduct of $1000 for elimination of Bid Item
Order No. 1 No. C3 - Contingency Item Allowance, which was not needed
to complete the contract work and extend the contract
completion date to July 15, 1998 on the Sunshine Park
Recreational Facility, Contract C - Electrical, Job No. S-9615.
9. Town Engineer re Approval of Motion by Councilman Graber, seconded by Supervisor

over departmental limit Clark,
purchases to authorize payment of $3110.44 to Buffalo Crushed Stone
for the Engineering Department.
Ayes: (3) Councilman Graber, Councilman Wroblewski,

Supervisor Clark
Noes: None Abstentions: (1) Councilman Hicks
Motion Carried
Councilman Hicks stated that he was abstaining from voting

on this motion because he is employed by Buffalo Crushed
Stone.
Page 7 of 85

Page five ...
10-B COMMUNICATIONS
19. Recreation Director re Rate Motion by Councilman Graber, seconded by Councilman
increase for Kelly McCabe Hicks, to grant a rate increase to $6.20 per hour to Kelly
McCabe, 17 Sunrise Terrace effective June 29, 1998 and
authorize the Supervisor to complete and sign the necessary
forms for Erie County Personnel, noting that Kelly has
worked the required 400 hours for this increase.
20. Recreation Director re Motion by Councilman Wroblewski, seconded by Supervisor

Reappointments to Youth Clark, to reappoint the following individuals to work
Theater Program part-time in the West Seneca Youth Theater Program
effective July 1, 1998 through June 30, 1999:
Recreation Leader, Step 2 @ $6.20/hr.

Robert Pyle, 125 Annette Drive
Michael Salamone, 29 Stephenson Street
Jennifer Tucci, 104 Theresa Court
and authorize the Supervisor to complete and sign the
necessary forms for Erie County Personnel.
21. Recreation Director re Motion by Councilman Hicks, seconded by Councilman

Approval of over Graber, to authorize payment of $2166.45 to Laux Sporting
departmental limit purchases Goods for sports equipment and jerseys in the Recreation
Department.
22. Supervisor Clark re SEQR for Motion by Supervisor Clark, seconded by Councilman Hicks,
Burchfield Park to adopt the following resolution with respect to the SEQR
for the Burchfield Park project:
WHEREAS, the Town of West Seneca has engaged experts to conduct environmental field studies
and engineering assessments for the park project and has made the following determinations:
1) that this project which incorporates the development of a community services building and site
features will require SEQR review;
2) that the proposed action is an unlisted action;
are involved - NYS Department of Enviromñêñtal Conservation and

3) that the following agencies
the Erie County Department of Environment & Planning;
4) that the town wishes to assume lead agency status in connection with the SEQR review of this
project. The West Seneca Town Board will issue a lead agency coordination letter to be circulated
among the various involved agencies together with a distribution package including the
environmental assessment form and a location map.
On the question, Supervisor Clark stated that this is a required action with respect to any municipal
development and one more step toward building a natural area dedicated to the memory and work of
Charles Burchfield.
Page 8 of 85

Page six .. .
10-C REPORTS
• William O'Neil, Dog Control Officer's Report for May 1998 received and filed.
PROBLEMS OF THE PUBLIC
FECAL CONTAMINATION ON BRIARHILL DRIVE
Ken Hansen, 154 Briarhill Drive, stated that the Erie County Health Department tested the soil in
his back yard and there is a dangerously high fecal count. He had discussed this with Building
Inspector Bill Czuprynski and other departments, but had not received any assistance from the town.
He had no idea of what was causing the contamination.
Town Engineer George Montz stated that Mike Kerl of his department visited the site and did a dye
test on the sanitary lateral. The dye showed up in the sanitary sewer main so they do not believe
that this is causing the problem.
Supervisor Clark questioned whether the NYS DEC had been contacted.
Mr. Hansen stated that Channel 2 News was going to contact the DEC. The county did not offer
any assistance because they thought the problem was coming from the easement located between
124 and 136 Briarhill Drive which is town property.
Supervisor Clark directed Fire Inspector John Gullo to inspect the area tomorrow morning and
directed Mr. Montz to set up a field visit with the DEC.
Councilman Graber questioned whether there had been any construction or tree removal in the area
recently.
Mr. Hansen stated that he had a tree removed from his yard last summer.
Councilman Graber felt that this might have something to do with the problem since tree roots
sometimes grow into the sewer lines and removal of the tree may have disturbed the line.
Mr. Hansen further commented on the poor condition of the sidewalks on Briarhill Drive and asked
that they be repaired.
Supervisor Clark directed Highway Supt. Pat Finnegan to address the sidewalk situation.
ILLEGAL EXCAVATING ON PEARL STREET
Brian McGowan, 88 Pearl Street, stated that each year his neighbor cuts the fields behind his home
which affects the drainage in the area. He questioned whether the neighbor even owned the
property and suggested that the town require him to have a survey done to mark the boundaries of
his property.
Councilman Graber stated that he had received a complaint from another resident of Pearl Street and
he visited the site last week. The individual who was cutting down the fields was under the
assumption that he owned the paper streets next to Pearl Street. Building Inspector Bill Czuprynski
visited the individual and informed him of what he could and could not do. Town Attorney Tim
Greenan also advised the individual that he has no rights on public paper streets and he will be
following up with a written letter from the town advising him that he is not to trespass or cut down
trees on town lands any more.
Mr. Greenan stated that the individual would like to develop the property for a subdivision, but in
order to do so he must first apply to the PNnning Board and other departments for their approval.
Page 9 of 85
opening for processing recyclable materials of September 29, 1998.

West Seneca, NY 14224 October 12, 1998

Page three . . .
15-B COMMUNICATIONS
1. Supervisor Clark re Public Motion by Councilman Osmanski, seconded by Councilman
hearing for Community Hicks, to schedule a public hearing for October 26, 1998 at
Development Block Grant 7:30 P.M. to consider the use of Community Development
Block Grant ftmds.
2. Town Engineer re Payment Motion by Councilman Graber, seconded by Supervisor

for archaeological Clark, to authorize payment of $5701.85 to Dean & Barbour
investigations at Island Park Associates for Stage 1A/1B archaeological investigations and
report work on the Island Park project, with funding from the
Recreation Bond of 1996, Code #5.5128.8197.
3. Town Engineer re Approval of Motion by Councilman Hicks, seconded by Cotmcilman

over departmental limit Osmanski, to authorize payment of $3205.00 to URS Greiner
purchases for discharge monitoring reports.
4. Highway Supt. re Motion by Councilman Osmanski, seconded by Councilman

Appointment of M. Hearn and Wroblewski, to terminate Mark Hearn, 770 Mill Road and
J. Broderick as Highway John Broderick, 52 Eastwood Drive as temporary Highway
Laborers Laborers and appoint Mark Hearn and John Broderick as
Highway Laborers, Step 2, Group 1 at a rate of $15.57 per

hour effective October 13, 1998 and authorize the Supervisor
to complete and sign the necessary forms for Erie County
Personnel.
5. Highway Supt. re Military Motion by Councilman Osmanski, seconded by Councilman

leave of absence for William Wroblewski, to approve a military leave of absence for
Geary William Geary effective October 2-9, 1998 and authorize the
Supervisor to complete and sign the necessary forms for Erie
County Personnel.
6. Highway Supt. re Motion by Councilman Osmanski, seconded by Councilman

Appointment of Ryan Mackey Hicks, to appoint Ryan Mackey, 192 Collins Avenue as
as Sanitation Alternate Sanitation Alternate effective October 13, 1998 at a rate of
$7.00 per hour and authorize the Supervisor to complete and
sign the necessary forms for Erie County Personnel.
7. Highway Supt. re Bid date for Motion by Councilman Osmanski, seconded by Councilman
rubber tire loader Hicks, to set a bid date of October 30, 1998 at 10:00 A.M. for
receipt of bids on the purchase of a rubber tire loader for the
Highway Department.
Page 10 of 85
and had received a letter from Chairman Charles Swanick and John Sheffer, Chairman of the
they
County-Municipal Regionalism Conunittee. The letter states that, "This program is intended to
promote innovative cooperation Erie County governments and other partners whose joint
among
efforts can improve services, lead to greater cost effectiveness, provide models and impetus for
whole."
further collaboration, and whether directly or indirectly, better our region as a

West Seneca, NY 14224 May 11, 1998

Page six . ..
8-C COMMUNICATIONS
3. Supervisor Clark re Grant Motion by Councilman Osmanski, unanimous second, to
application for Burchfield authorize and direct Supervisor Paul T. Clark of the Town of
Park Development West Seneca to file an application for funds from the New
York State Office of Parks, Recreation and Historic
Preservation in accordance with the provisions of Title 9 of
the Environmental Protection Act of 1993 and/or Title 3 of
the Clean Water/Clean Air Bond Act, in an amount not to
exceed $200,000 with the town committing a minimum of
$210,000 in matching funds, and upon approval of said
request to enter into and execute a project agreement with the
state for such financial assistance to this Town of West
Seneca for the development of Burchfield Park located at the
corner of Union Road and Clinton Street, West Seneca, New
York.
4. Supervisor Clark re Grant Motion by Councilman Osmanski, unanimous second, to

application for Seneca Street authorize and direct Supervisor Paul T. Clark of the Town of
Soccer Field Development West Seneca to file an application for funds from the New
York State Office of Parks, Recreation and Historic
Preservation in accordance with the provisions of Title 9 of
the Environmental Protection Act of 1993 and/or Title 3 of
the Clean Water/Clean Air Bond Act, in the amount not to
exceed $200,000 with the town committing a minimum of
$210,000 in matching funds and upon approval of said
request to enter into and execute a project agreement with the
state for such financial assistance to this Town of West
Seneca for the development of property located at Seneca
Street, West Seneca, New York.
On the question, Councilman Osmanski stated that the town presently owns this property which they
purchased with grant funds from the state. This resolution is an attempt to secure state funds to
develop the property into a soccer complex.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize and direct Supervisor
Paul T. Clark of the Town of West Seneca to file an application for funds from the New York State
Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of
the Environmental Protection Act of 1993 and/or Title 3 of the Clean Water/Clean Air Bond Act, in
the amount not to exceed $150,000 with the town committing a minimum of $160,000 in matching
funds and upon approval of said request to enter into and execute a project agreement with the state
for such financial assistance to this Town of West Seneca for the development of property located at
Indian Church Road, West Seneca, New York.
On the question, Supervisor Clark stated that to date they have $180,000 in grant funds for the
Page 11 of 85
that it is three feet off the line, but he does not believe that it is. Mr. Zuppa was also
property
concerned with the drainage going into Ebenezer Brook.
Mr. Montz responded that it was standard procedure for the storm sewers and rear yard drains to go
into any available creek, ditch or storm sewer system.
Mr. Zuppa stated that since the project started, he has had a problem with water in his yard. He
understood that the residents of Holland Avenue were also having water problems and the
contractor drainage ditches and installed tile to satisfy them. The contractor has parked
dug
vehicles in Mr. Zuppa's yard without asking him and has taken stone off his property. Mr. Zuppa
also has had to move things in his yard to accommodate the construction of the road.
Mr. Greenan suggested that Mr. Zuppa stop in his office or the Engineering Department and review
the subdivision on file. This would indicate where the street is, where Mr. Zuppa's house is,
map
and how far away they should be building from his home. The center of the pavement should be in
the center of Avenue A and the actual edge of the pavement should be 11 feet from Mr. Zuppa's lot
line.
Mr. Montz also noted that anything that is disturbed during construction would have to be restored
the contractor before the subdivision would be approved. Mr. Zuppa's lawn will be taken care
by
of and the driveway restored with a new approach and new sidewalk.
Mr. Zuppa questioned whether this property was located in a flood zone.
Mr. Montz responded that two of the lots are involved in a flood plain because a portion of the
property at the rear of the lots touches the flood zone. A flood plain development permit was
issued for these two lots.
PRESENTATION OF COMMUNICATIONS iBY BOARD MEMBERS AND DEPARTMENT

HEADS
STATUS OF VIOLATIONS AT 10 LEIN ROAD
Councilman Osmanski questioned the status of the property located at 10 Lein Road.
Building Inspector Bill Czuprynski responded that the matter is in court and goes to trial June 13th.
The house should be taken care of by June 9th and he will be inspecting it.
DANGEROUS SHOULDER ON SENECA STREET NEAR LEYDECKER ROAD
Councilman Osmanski requested that Town Engineer George Montz contact the county regarding
the dangerous situation on Seneca Street near Leydecker Road where the shoulder of the road is
sinking.
Page sixteen . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT

HEADS
ARCHAEOLOGICAL SURVEY FOR BURCHFIELD PARK PROJECT
Motion by Councilman Gmanski, seconded by Supervisor Clark, to authorize Dean & Barbour
Associates Inc. to perform an archaeological survey at the Burchfield Park project at a cost not to
exceed $5701.85.
On the question, Councilman Osrnanski stated that this property has a number of historical
references and there is the possibility of some Indian settlements on it. They would like to identify
as many of the cultural resources as possible that might be there to make sure that they are not
disturbed with the development of the park.
Mr. Greenan questioned whether the entire 29-acre parcel would be tested or just the area where the
proposed building will go.
Councilman Osmanski responded that they will do research based on the state archaeological
Page 12 of 85
surveys and through the and to identify sensitive sites. They will then spoon test at
university try
50-foot intervals those sites that are determined to be sensitive.
ENGINEERING DESIGN WORK FOR MADISON WIRE SITE
Motion Councilman Osmanski, seconded by Supervisor Clark, to authorize payment not to

by
exceed $24,009.90 to URS Greiner, 282 Delaware Avenue, Buffalo, NY 14202 for engineering
design at the Madison Wire site on Indian Church Road.
On the question, Supervisor Clark stated that they would like to have one additional public hearing
regarding this project, and he questioned whether URS Greiner would participate in the hearing.
Councilman Osmanski responded that he had discussed this with representatives of URS Greiner,
and he will check with them to ensure that it is included in their proposal.
Supervisor Clark also noted that funding for this work was included in the total of $180,000 that is
still available for construction of this project.
ENGINEERING DESIGN SERVICES FOR SOCCER COMPLEX
Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a collaboration effort

with URS Greiner as the lead engineering firm and Nussbaumer & Clarke as the design group to
provide engineering design services for design of the soccer complex for the Seneca Street project at
a cost not to exceed $50,170.
On the question, Councilman Osmanski stated that this will bring the project to a 30 percent design
phase at which point some decisions will have to be made relative to development of the park.
Supervisor Clark noted that the town had received a $10,000 pledge from the Soccer Association
with respect to participation in some of the up-front engineering costs.
STATUS OF DUMPING SITUATION ON SOUTHWESTERN BLVD.
Councilman Graber questioned the status of the situation involving dumping on Southwestern Blvd.
Building Inspector Bill Czuprynski responded that a bulldozer was clearing the property and would
stay there until the entire parcel is leveled.

Page seventeen . ..

HEADS
STATUS OF DUMPING SITUATION ON SOUTHWESTERN BLVD. (continued)
Councilman Graber questioned whether the sign had been removed and the topsoil operation ceased.
Mr. Czuprynski stated that he would have them remove their sign. He had advised them that if they
want to continue their operation they would have to petition the Town Board.
ADJOURNMENT
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 10:30
P.M.
Page 13 of 85
submit a drainage plan or remove the fill that was brought in and return the property to its former
condition. He will talk to the owner to get an exact time frame and report back to the board at the
next meeting.
Councilman Osmanski wanted to ensure that this problem was resolved before winter.
Supervisor Clark suggested that Mr. Procyshyn leave his telephone number with Mr. Czuprynski
who will update him on this matter.

West Seneca, NY 14224 July 13, 1998
Page six . . .

HEADS
STATUS OF HOUSE AT 10 LEIN ROAD
Councilman Osnianski questioned the status of the house located at 10 Lein Road.
Building Inspector Bill Czuprynski responded that there is a contract to have repairs made and they
should be completed by the third week of July. He will follow up on this matter.
FUNDS APPROVED FOR FRIENDS OF BUFFALO RIVER STUDY
Councilman Osmanski stated that the board had previously approved the expenditure of $10,000 for
a study by the Friends of the Buffalo River, but the cost was only an estimate at that time. He had
recently received a letter of agreement stating what they would be doing and the cost of $13,440 for
their services.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the memo of
understanding between the Town of West Seneca and the Friends of the Buffalo River with regard
to the Greenway Project at a cost not to exceed $13,440.
On the question, Supervisor Clark stated that he had recently attended one of the technical advisory
meetings for this project and was very impressed with the quality of the individuals who have
volunteered their time and the enthusiasm of the group.
NEGATIVE DECLARATION FOR BURCHFIELD PARK PROJECT
Motion by Councilman Osmanski, unanimous second, to adopt the attached resolution with regard
to the determination of non-significance of the Town of West Seneca Burchfield Park Development
Project.
On the question, Supervisor Clark stated that this area will be dedicated to the memory of Charles
Burchfield, a world famous painter who lived and worked in Gardenville, and it will be maintained
as much as possible in its natural state.

*APPENDICES*
PURCHASE OF VEHICLES FOR AMERICORPS
Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of the
following goverñmêñt surplus vehicles from the General Service Administration:
1994 Dodge B350 van $10,000

1992 Crew Cab $10,500
for a total cost not to exceed $20,500.00, noting that sufficient funds are available and budgeted in
the 1998-99 AmeriCorps grant from equipment line item #34.7326.0200 and 35.7326.0200.
Page 14 of 85
Ayes: All Noes: None

Motion Carried

1250 Union Road
Minutes #98-2
January 26, 1998
Page two . . .
07/13/98 15:36 97168267958 NCI BUFFALO rgl 0o4

.
RESOLUTION ADOP11NG
DETERMINATION OF NON-SIGNRiICANCE
OF
TUWN OF WEST SENECA BURCHFIELD PARK DEVELOPMENT PROJECT
WHEREAS, the TownBond of the Town of Wea Seneca is ennaidering approval and de-!cpment
of the proposed BureMiaM Park project; and
WHEREAS, the Town Board of the Town of West Seneca is didy quali6ed to act as lead agency
wkit respect co compliance withSEQRA which requires enviro=nanmi review of certain acdons undemdam
by local govern==ns; and
WHEREAS, the TownBoard has considmad this matter and de***nñned that the proposal plan is
in accordance with the Recreation Master Plan of the Town; and
WHEREAS, the proposed action appears to be an Unlisted se-ri= pursuam to the Rules and
Regulations of the State Envirnaman=t qualhy Review Act
NOW. THEREFORE, BE IT
RESOLVED, that the Town Board has fully considered the impact of the proposed plan upon the
physical and human environment of the area;
RESOLVED, that the Town Board of the Town of Wess Seneca, amer considering the action
proposed herein, in reviewing the EnvirmmI A canament Form, reviewing the criteria comained in
·
Secdon 617.7(c) of the Rules and Regulations of the SEQRA Rmpdations and thoroUghly the
project with respect to poential environmental concerns, the Tbwa of West Seacca docImes itself
Agency and determines that the action win not have a signirrant cifect on the environmems; and be is
farther
RESOLVED, that the Town Board of the Town of West Seneca hereby finds that the proposed
responses inserced in Part II of the said Environmenr•i Anacenwar Forra are sartsfacery and approved,
and be it further
RESOLVED, that the Town Supervisor is hereby amborized and directed to complete and execst
the said Environmarsal Assessment Form and to check the boot thereon indicating that the proposed nerian
will nor resuk in any significanr adverse impacts; and be it father
RESOLVED, that the annared Negative Declaration is hereby spproved and the Town Clerk is
Bereby authorized and directed m file the same in accordance with 6 NYCRR Section 617.12 of the SEQR
Reguladoes.
DULY ADOPTED, this 13th day of Ady, 1998, by the fellowing vote:
AYES:·
NOES:
ABSENT:
Page 15 of 85

West Seneca, NY 14224 November 23, 1998
Page seven ...
CATl
ADDITIONAL EXPENSE FOR AMERICORPS SWEARING IN CEREMONY
Motion by Councilman Osmanski, seconded by Cemeilman Wrebiewski, to authorize payment of

$2640.00 to Bluebird Coach Lines for two additional 56-passenger buses to transport AmeriCorps
volunteers to the swearing in ceremony that took place on November 18, 1998 in Albany, New York,
- -
noting that funding will come from the following Line Items: #37,7326.0435 $660.00; 38.7326.0435
I $660.00 ; 39.7326.0435 - $660.00; 40.7326.0435 - $660.00.
PAYMENT FOR ENGINEERING WORK AT BURCHFIELD PARK
Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $4500.00

to Ns's-inner & Clarke Engineers for a boundary survey, right-of-way survey, and to establish points
of line for the Burchfield Park project
STATUS OF ECWA LEASE MANAGEMENT AGREEMENT
Councilman Graber questioned the status of the Erie County Water Authority Lease Merst
Agreement.
Principal Engineer Assistant Gary Bommer was not aware of any progress but would speak with Town
Engineer George Montz.
FBI TO HOLD TR AINING SESSIONS ON DEADLY AGENTS
Cc-scilst Graber manaented on an irea-stiond memo released by Chief Miskovski regarding the
anthrax incident that recently occurred in Checktawaga. He qwdond whether the Police Department
had a complete listing of all the potential deadly agents.
Chief Miskovski stated that the FBI would be holding training sessions in January and he intended to
send officers to the seminars. Fire departñcat personnel and disaster -nna- would also be invited
to attend.
BID AWARD FOR COLLECTION OF RECYCLABLE MATERIALS
Motion by Supervisor Clark, seconded Councilman Wroblewski, to award the contract for cr!!:±n
of recyclable materials to BFI Waste Systems of North America Inc. utilizing Option I which is a one
year ag:tcznent with a four year option at their low bid amount of $27.45 per stop and at#Ao±e the
Supervisor to sign the contract documents.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the Supervisor to sign,
submit, and execute contracts with the Erie County Community Devclaprücat Block Grant (ECCDBG)
Consed= for the failawing prioritized projects upon approval of ECCDBG:
1) Reconstruction of Race Street - $90,000

2) Installation of handicapped accessible doorways at the West Seneca Public Library and West
Seneca Town Hall - $15,000
3) Sidewalks on Mineral Springs Road between the Creæ=fo~4 Residance and the Tops
Supermarket - $70,000
4) Handicapped access on Michael Road leading to Westgate Blvd. - $35,000
Page 16 of 85
Program.
On the question, Councilman Osmanski thanked County Legislator John Greenan for working
with the town to get this program up and running. Along with the $201,000 in grant
closely
the town also received an award from the state, a donation of engineering design services
funding,
from the U.S.D.A., and the administration from the Erie County Soil & Water Conservation
District. Councilman Osmanski commented that this program is a great regionalism opportunity
for all the towns involved, and they were looking forward to getting started. The nominating
committee will meet on May 7, 1999 to decide on the projects that should be constructed this year.

*APPENDICES*


Page seven ...
7-C COMMUNICATIONS
2. Supervisor Clark re Technical Motion by Councilman Osmanski, seconded by Supervisor
consultant for Burchfield Park Clark, to engage Albarella Media at an hourly rate of $25 to
project be billed monthly for the purpose of technical consulting for

development and assistance in implementing the Charles
Burchfield Park master plan and related programming, noting
that funding shall be paid from the Burchfield Park Capital
Project, Code #05.5169.8197.
3. Supervisor Clark re Motion by Councilman Osmanski, seconded by Councilman

Reappointment of Robert J. Hicks, to reappoint Robert J. Rigby, 38 Cathedral Drive to the
Rigby to Board of Assessment Board of Assessment Review for a five year term effective
Review October 1, 1998 through September 30, 2003.
4. Supervisor Clark re W.S. Motion by Councilman Osmanski, seconded by Councilman

West Senior High School Hicks, to grant pennission for the Wellness Committee of
Wellness 5K Rtm/Walk West Seneca West Senior High School to hold their second
annual West Senior Wellness 5 Kilometer Run/Walk
beginning at 9:30 A.M. on Saturday, June 12, 1999 on

designated streets in the Town of West Seneca.
5. Supervisor Clark re Request Motion by Councilman Hicks, seconded by Supervisor Clark,

for West Seneca Town Band to authorize the West Seneca Town Band to perform at the
annual roast beef dinner at St. John's Evangelical Lutheran
Church, 3512 Clinton Street on Wednesday, July 14, 1999.
6. Town Attorney re Community Motion by Councilman Osmanski, seconded by Supervisor

Development Block Grant Clark, to authorize the Supervisor to execute an agreement
agreement between the County of Erie and the Town of West Seneca
regarding the Community Development Block Grant Housing

Activities.
7. Town Attorney re WNY Motion by Councilman Osmanski, seconded by Councilman

Umpires Association Wroblewski, to authorize the Supervisor to execute the 1999
agreement for 1999 WNY Umpires Association agreement at a cost of $27 per
Page 17 of 85
Mr. Terreri questioned what the board expected to be accomplished by the next meeting and if they
wanted to see everything in writing at that time.
Supervisor Clark responded that they would not necessarily have to see anything in writing, but they
would want to be convinced that the bulk of the neighborhood is in favor of the project.
Councilman Osmanski noted that Mr. Bonadonna would need to submit a revised deed descilption for
the reduced portion of the lot to be rezoned and a site plan indicating the dimensions and other details.
Mr. Greenan stated that the board could make certain stipulations part of the special pennit such as the
lighting or property closings that are to take place.
Supervisor Clark requested that Mr. Bonadonna take another look at the situation to see if anything can
be done for the residents of Hillcrest Heights and have the engineer comment on the drainage concern.
4. Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT MEYER ROAD AND BIRCHWOOD AVENUE,
BEING PART OF LOTNOS. 206 AND 207, CHANGING ITS CLASSIFICATION FROM C-1(S) TO
FEET"
C-1(S), TO ELEVATE EXISTING BILLBOARD SIGN AN ADDITIONAL 30 in the Town of
West Seneca, received and filed. (Edmund F. Burke)
5. Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF CENTER AND
UNION ROADS, BEING PART OF LOT NOS. 233 TO 240 AND 318 TO 329, CHANGING ITS
DRUGSTORE"
CLASSIFICATION FROM C-2(S) AND R-65 TO C-1, FOR A in the Town of West
Seneca, received and filed. (Benderson Development Co.)
8-C COMMUNICATIONS
1. Supervisor Clark re Restoration Motion by Supervisor Clark, unanimous second, to adopt the
and increase in 1999-2000 following resolution in support of restoring an increase in the
CHIPS appropriation 1999-2000 CHIPS appropriation:
the Governor's proposed 1999 - 2000 State Budget

WHEREAS,
cuts the consolidated local assistance program (CHIPS) by
approximately $25.6 million; and
WHEREAS, the CHIPS program provides essential road repair funding for Erie County and its local
government; and
WHEREAS, without adequate CHIPS funding, planned road and bridge reconstruction will have to be
deferred and in many cases canceled altogether; now, therefore, be it
RESOLVED, that the Supervisor and Town Board Council Members of the Town of West Seneca
request that the New York State Senate and Assembly work to restore and increase CHIPS
appropriation in the 1999 - 2000 State and be it further
Budget;
RESOLVED, that the Town Clerk of the Town of West Seneca send a certified copy of this resolution
to the Western New York. State delegation and all towns in Erie County.
On the question, Supervisor Clark commented that Highway Supt. Pat Finnegan does a lot of work in
town with the CHIPS money he receives each year, and it is important that this funding be continued.

Page eight . . .
8-C COMMUNICATIONS
2. Supervisor Clark re Burchfield- Motion by Supervisor Clark, seconded by Councilman
Penney Art Center proposal Osmanski, to approve the programming and budget proposal as
submitted by the Burchfield-Penney Art Center with respect to
Page 18 of 85
the initial construction of art display materials and other related

equipment and installations at Burchfield Park, noting that
funding for this capital project will be offset entirely by a grant

from the Charles Burchfield Foundation, Inc.
On the question, Supervisor Clark stated that the town has established a good working partnership with
the Burchfield-Penney Art Center, a dynamic organization that has embraced the Burchfield Park
project with a lot of enthusiasm. Some of their proposals will not be necessary since the town already
has its own resources, but Supervisor Clark encouraged approval ofthis proposal to demonstrate that the
town is receptive to their proposals.
Ayes: All Noes: None Motion Canied
3. Deputy Town Attorney re Motion by Councilman Osmanski, seconded by Councilman

Abandonment of paper street - to authorize the Town Board and Superintendent
Wroblewski,
Avenue A of Highways to sign a Statement of Abandonment in a form
approved by the Town Attorney declaring the town's
abandonment of a portion of the paper street known as Avenue
A, which will become part of the Centerpoint Subdivision.
4. Town Engineer re Engineering Motion by Councilman Osmanski, seconded by Supervisor

services proposal for Seneca Clark, to approve the proposal from URS Greiner, Nussbaumer
Street Soccer Complex & Clarke Inc. and Louis Design Group in the amount of $10,000
for reviewing material submittals and shop drawings on the
Seneca Street Soccer Complex, Job No. S-9809.
On the question, Councilman Wroblewski requested clarification on this proposal.
Town Engineer George Montz responded that a project of this magnitude has a variety of submittals that
come in for review and approval prior to construction beginning. This proposal is for assistance in
reviewing electrical submittals, specialty building submittals, and other materials of this type.
Councilman Wroblewski understood that these firms were involved in the design process and he
questioned why they would need to review the submittals.
Mr. Montz responded that they are now in the construction phase and it is a ftmetion of that phase that
when a contractor starts a job he must submit material submittals for approval.
Councihnan Graber questioned whether it was necessary for the designer to perform this function.
Mr. Montz responded that there are a lot of specialty type materials that the Engineering Department is
not familiar with. It is important that the submittals be reviewed to ensure that the right materials are
being used.
5. Town Engineer re Sunshine Received and filed.

Park Recreational Facility,
Change Order No. 2
6. Town Engineer re Sunshine Received and filed.

Park Recreational Facility, final
acceptance
Page nine . . .
8-C COMMUNICATIONS
7. Town Engineer re Bid award Motion by Councilman Graber, seconded by Councilman Hicks,
for Tindle Avenue Sanitary to award the Tindle Avenue Sanitary Sewer Grouting Project,
Sewer Grouting Project Job No. T-9906, to American Pipe Services, Inc., P.O. Box 542,
Kenmore, NY 14217 at their low unit item contract amount of
$23,801 and authorize the Supervisor to sign the contract.
Page 19 of 85

1250 Union Road Special Meeting
The meeting was called to order at 4:30 P.M. by Supervisor Paul T. Clark
followed by the Pledge of Allegiance.
ROLL CALL: Present - Paul T. Clark Supervisor

Christopher F. Osmanski Councilman
Timothy M. Wroblewski Councilman
Absent - M. Hicks
Jerry
Vincent J. Graber, Jr.
COMMUNICATIONS
1. Town Engineer re Motion by Supervisor Clark, seconded by Councilman

rejection of all submitted Osmanski, to reject all submitted bids for the
bids for the construction construction of Burchfield Park - Phase I.
of Burchfield Park - Phase
I.
Supervisor Clark stated that the bids submitted for the construction of Burchfield Park -
Phase I were substantially in excess of engiñêêring and architectural estimates and the
Board felt it would be in the best interest of all residents to rebid this project.
Ayes: All Noes: None Motion

Carried
2. Town Engineer re bid date Motion by Supervisor Clark, seccaded by Councilman

for Burchfield Park Osmanski, to set a bid date of June 24, 1999 at 10:00
Improvements Project, A.M. for receipt of bids on the Burchfield Park
Job No. B-9902. Improvements Project, Job No. B-9902, noting that
funds are available under Line Item 5.5169.8197.

Carried
ADJOURNMENT
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting

at 4:50 P.M.

Carried
PATRICIA C.
WISNIEWSKI, CMC
TOWN CLERK
Page 20 of 85
*APPENDICES*

Page two . ..
11-C COMMUNICATIONS
1. Town Engineer re Bid award Motion by Councilman Hicks, seconded by Councilman

for Burchfield Park Graber, to award the Burchfield Park Improvements Project,
Improvements Project Contract A - General Construction, Job No. B-9902, to C.H.
Byron Company Inc., 127 Skillen Street, Buffalo, NY 14207
at their low lump sum proposal amount of $631,000.00 and
authorize the Supervisor to execute the contract documents.
On the question, Councilman Graber stated that the Youth Bureau is currently housed in a 1700
square foot house on Main Street. There are 21 pennanent employees and they need to find room
for six additional full-time employees. Also, there are 35 AmeriCorps members who report to this
location each morning, 120 more assigned throughout WNY and 100 part-time employees. The
Youth Bureau has expanded over the years and Youth Director Mark Lazzara has brought in a
number of grants. The facility at Burchfield Park will not only house the Youth Bureau staff, it will
house the AmeriCorps and the Burchfield Interpretive Art Center. Councilman Graber noted that
another advantage of this facility was that at-risk individuals who go to the Youth Bureau will be
exposed to art and cultural items that should have a positive effect on their outlook.
Supervisor Clark stated that the AmeriCorps project involves over one million dollars of federal
funds coming into West Seneca for the staff and personnel. In addition, the AmeriCorps members
receive college vouchers which are used at local universities and help keep federal funds flowing.
Supervisor Clark also noted that the bonded amortization amount for the building will be a very
light cost to the taxpayers and $150,000 was awarded by the Burchfield Foundation for the fine arts
section of the building.
Ayes: (3) Councilman Hicks, Councilman Graber, Councilman Wroblewski
Noes: None Abstentions: (1) Supervisor Clark Motion Carried
Supervisor Clark noted that he was abstaining from voting on this item because C.H. Byron
Company is a client of an accounting firm with which he has a financial interest in.
Motion by Councilman Hicks, seconded by Councilman Graber, to award the Burchfield Park
Improvements Project, Contract B - Plumbing, Job No. B-9902, to Aurora Plumbing Co., Inc., 5800
Seneca Street, Elma, NY 14059 at their low lump sum proposal amount of $18,580.00 and authorize
the Supervisor to execute the contract documents.
Improvements Project, Contract C - Electrical, Job No. B-9902, to Ken Electric Corporation, 89
O'Connell Avenue, Buffalo, NY 14204 at their low lump sum proposal amount of $47,800.00 and
Improvements Project, Contract D - HVAC, Job No. B-9902, to Tri-R Cooling & Heating, 2481
Seneca Street, Buffalo, NY 14210 at their low lump sum proposal amount of $62,535.00 and
2. Town Engineer re Purchases Motion by Councilman Hicks, seconded by Councilman
requiring Town Board Wroblewski, to authorize payment of $4891.53 to Judnick

approval Construction Inc. for restoration work at various sanitary
sewer repair locations and $3205.00 to URS Greiner Inc. for
discharge monitoring services at West Seneca Sewer District
Page 21 of 85

Page six ...
12-C . COMMUNICATIONS
7. Town Engineer re Dürchficid Motion by Councilman Osmanski, seconded by Supervisor Clark,

Park Improvements Project to authorize payment of $13,000.00 to Nussbaumer & Clarke Inc.
cagistcring services and Louis Design Group for reviewing material submittals and
shop drawings on the Burchfield Park Improvements Project, Job
NoM902.
C-
8. Town Engineer re Roof Motion by Osmanski, seconded by Councilman
replacement quotes for Plant 6 Graber, to award the roof replacement work at the Plant 6 main
building to Sahlem's Roofing & Siding Inc., 3920 Taylor Road,
Orchard Park, NY 14127 at their low proposal amount of $6660.00
and the screening building to Murray Roofing Co. Inc., 600 Cayuga
Creek Road, Cheektowaga, NY 14227 at their tow proposal
amount of $7985.00.
Ayes: (4) Councilman Osmanski, Councilman Graber,

Councilman Hicks, Councilman Wroblewski
Noes: None Abstentions: (1) Supervisor Clark
Motion Carried
Supervisor Clark stated that he was abdaining from voting on this

motion because one of the ce±etors is a client of an accounting
firm with which he has a financial interest in.
I
9. Town Engineer re Centennial Received and filed.
Spray Pool Replacement Project,
change order #1
10. Town Engineer re Bid award for Motion by Cesci!ss Osmanski, seconded by Councilman Hicks,
Kirkwood Drive Reviidizñ:ion to award the Kirkwood Drive Ravitâliation Project, Job No. K-
Project 9802, to Tom Greenauer Development Inc., P.O. Box 250,
Springbrook, NY 14140-0250 at their low unit item contract
amount of $461,808.00 and authorize the Supervisor to execute the
contract.
On the question, Councilman Osmanski stated that the original contract called for the removal of some trees
on Kirkwood Drive, but they are making an effort to save the trees and have hired an arborist to look at them
and make a de+ h They would like to save as many trees as possible on all streets because they add
to the value of the dghk±eads. Councilman Osmanski stated that the board is committed to making the
town environmentally friendly and creating and mentaining neighborhoods.
Superviser Clark stated that the arborist submitted a prelimin--7 report on the trees on Kirkwood Drive.
They will be going to each hcsssr to discuss with them the arborist's essesement. Some of the trees
are dying and rotting and there is signifiaud danger in allowing them to remain. Supervisor Clark thanked
Town Engineer George Montz for his work in this regard and also noted that $90,000 to $100,000 of the
project will be funded by HUD through the town's participaticñ in the Community Developrnent
Consortium.
11. Highway Supt. re Bid award for Motion by Coscilsñ Hicks, seconded by Councilman Osmanski,
four 4-wheel drive pick-up trucks to award the bid for four 4-wheel drive pick-up trucks with plows
with plows to Joe Basil Chevrolet at a total purchase price of $101,695.80.
Page 22 of 85

WestSeneca, NY 14224 July 19, 1999
Page eleven ...
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
TERMINATION OF INSURANCE CONSULTING CONTRACT
Motion by Councilman Wroblewski, seconded by Cemei!masOsmanski, to terminate the ccñsulting service

contract with Holfoth Risk Management, 3075 Sc±zcate Blvd., Orchard Park, NY I4127, effective per
the terms of the contract, thirty (30) days from the date of written notification by the Town Attorney's
Office.
INSURANCE CONSULTING CONTRACT WITH GOW
Motion by Councilman Wrchievroki, seconded by Councilman Osmanski to enter into a one year insurance
consulting contract with HRH Gow & Gow Managemcst Services, 344 Delaware Avenue, Buffalo, NY
14202 for an annual fee of $10,000 effective upon immination of the existing contract, on or about August
21, I999 and subject to approval as to form by the Town Attorney.
On the question, Cemcilman Wroblewski stated that the new contract scpicsonts an annual savings of
$15,000 and Gow will be heavily involved in the risk management portion of the industry, along with the
normal consulting of actual insurance policies, advising on budgetary items, and keeping the board abreast
of any new pmducts that are available. Councilman Wroblewski has been working with Town Attorney Tun
Greenan and Gow on some of the items they would like to have reviewed. They looked at the past ten years
of claims that were brought against the town and many of them fall into the areas of trip/fall and/or
anteachilc accidents. Gow will be working with all dcpâitscñt heads, especially Highway Supt. Pat
Finnegan, to evaluate all of the town's property including facilities, parking lots, sidewalks, etc. to prevent
any claims before they happen. This will ultimately limit the number of claims paid out, and since the town
is self-insured it will be a direct savings to the taxpayers.
VARIOUS GRANT APPLICATIONS
Motion by Supervisor Clark, seconded by Cerci!me hanM, to adopt the following remldon:
BE IT RESOLVED, that Paul T. Clark, as Supervisor of the Town of West Seneca, New York, is hereby
audiorimd and directed to file an applicatics for funds from the New York State Office of Parks, Recreation
and Historic Preservation in accordance with the provisions of Title 9 of the Envircñmental Protection Act
of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $388,950 and upon
approval of said request, to enter into and execute a project agreement with the state for financial assistance
to West Seneca for the constmetion of an =phi+h--±er, stage, children's play and educational areas,
overlook pavilion and a seasonal, removable footbridge in Burchfield Park.
On the question, Cercil-± Osmanski stated that the Town Board has been pmceding with construction
of the Burchfield building which will be the future home of the Youth Bureau and the Burchfield gallery.
Right now, they are working on the design of the park and they have not committed to how they will build
it or fund it. They are trying to come up with a master plan, because if they have a specific plan they can
apply for grants to help pay for the items.
Motion by Supervisor Clark, seconded by ==" == Osmanski, to commit a minim= of $388,950 in

matching funds for a New York State Office of Parks, Recreation and Historic Proscrvation Parks
Development grant of $388,950 for the construction of an amphiccatcr, children's play area, overlook
pavilion and seasonal, removable footbridge in West Seneca's Burchfield Park.
Page 23 of 85

I 1250 Union Road Minutes #99-12
Page thirteen . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
VARIOUS GRANT APPLICATIONS (continued)
On the question, Supervisor Clark stated that the grant cannot be entertained unless there is a c incñ‡
of matching funds from the town. In this case, the matching funds would be slightly less than 50 percent
of the project cost. During the app'icatics process, they will be looking for paiticipatics in funding for the
town's share. There is no absolute com-itncat of the funds, because up until the point of award the town
can decide not to proceed if it chooses to do so.
C==ª= "hchicv;±i questioned the time frame for the town to decide if they want to proceed with the
grant.
Superviser Clark responded that it is a long term process and could take as much as three to four years.
Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize Supervisor Paul T. Clark to apply
to the New York State Environmental Protection Fund & Clean Water/Clean Air Bond Act's Municipal
Waste Reduction & Recycling Program for $436,200 as rcimbasement for alepment that has been
purchased or is projected to be purchased and is necessary for the town's recycling and e--p±g program,
noting that grant funds will be matched by the town with $436,210 or 50 percent of project costs in cash or
in-kind funds.
On the question, Supervisor Clark stated that Conneter Lucy Curley has been working with Highway Supt.
Pat Finnegan who runs the recycling and compcating programs. This grant would scimburs: the town for
some equipment they had to purchase and will provide a limited amount of money for impicycecñt at the
compost site.
Motion by Supervisor Clark, seconded by Councihnan Hicks, to authorize Superviscr Paul T. Clark to apply
to the New York State Dop::±nent of Environmental Conscivation for $340,000 to replace 7800 feet of
d:e-aged watermaiñ along Orchard Park Road, noting that grant funds will be matched by the town with
$60,000 or 15 percent of project costs in cash and in-kind goods and services.
On the question, Supervisor Clark stated that this project is necessary and will help the residents get better
water pressure along with solving some other problems. The project will have to be bonded by the special
water district if the grant is not received, and this will be very costly to the residents.
Motion by Supervisor Clark, seconded by Ccscilms Osmanski, to adopt the attached rcsciüticñ relative
to an apaMa= to the New York State Department of Envkesmetal Conservation, 1996 Clean
Water/Clean Air Bond Act for flood control projects.
On the question, Supervisor Clark stated that this resolu6en is an attempt to get the town's local share of
the Cannovia Creek flood control project funded.
I
*APPENDICES*
AUGUST TOWN BOARD MEETING RESCHEDULED
Supervisor Clark anscanced that the August I 6, 1999 Town Board meeting has been rescheduled to August
23, 1999 at 7:30 P.M.
Page 24 of 85
WEST SENECA TOWN OFFICES TOWNBOARD PROCEEDINGS

I. 1250 Union Road Minutes#99-14
West Seneca, NY 14224 September 13, 1999
Page two...
14-B LEGAL NOTICES
1. (continued)
On the question, Supervisor Clark c:-.....-..td that Bill Campbell was a good, quality tenant for this
location and it was a perfectly natural and appropriate use for this building. He wished Mr. Thomson
continued success and commented on the upcoming Grand Opening celebration for the Market in the
Square.
Ayes: All Noes: None Motion Caried

* APPENDICES *
14.C TABLED ITEM
1. Comumitman Gmber re Received and filed.

Appointment of Maria Arnold
14-D COMMUNICATIONS
1. Supervisor Clark re W.S. West Motion by Supervisor Clark, seconded byCe=~al-sa Hicks,
Senior Hema=ning Parade to grant permission to West Seneca West Senior High School
to hold their Homecoming Day Parade on Friday, September
24, 1999, 5:30 P.M. to 6:15 P.M. on designated streets in the
Town of WestSeneca.
2. Supervisor Clark & Motion by Councilman Osmanaki, seconded by Supervisor

Counnihnan Osmanski re Clark, to approve the following engineering and design
Bachfield Park engineering & projects by Nussbaumer & Clarke, Inc. for E1-Maf A
design project costs
NYSDOT signal permitting & Race Street
reconstruction design 328,020.00
Park development construction documents $27,100.00
Youth Bureau/Burchfield Interpretive Center
building changes $11,900.00
Flood plain development permitting $ 6,200.00
On the question, Counnihnan Oarnanaki stated that these proposals actually involved three different
pmjects. 'Ihe Race Street reconstruction was part of the development of the Burchfield Park and
building, but it was a separate road project. Race Street will be redesigned to align it with indian
Church Road and the signaling at the intersection will be redone. The park development project
involved all the park land beyond the building, and this was a separate project. Right now, the only
thing under construction was the Youth Bureau building in the front section and the surmunding area.
The building changes were for ratmiening the building. When the project was rebid haean•a the cost
was too high, they went to a stick build type of building and saved $200,000.00, but there were
denificant changes that had to be made to the design drawings. 'Ibe last item involved the flood plain
pennitting pmcess for the Youth Bmeau building to show that it would not be affected by any flooding
in the area.
Ayes: All Noes: None Motion Curied
Page 25 of 85
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDDIGS

Page three...
14-D COMMUNICATIONS
3. Councilman Graber re Ice Rink Motion by Co=s.!=:= Graber, seconded by Councilman

Work Policy Wmblewski, to change part-time ice rink employee wages as
follows effective September 12, 1999:
Starting Wage: $6 per hour

Qualified Wage: $6.50 per hour
Perfect Attendance Bonus: S.50 per hour worked
and adopt the attached West Seneca Ice Rink Work Policy.
On the question, Onmellman Graber noted that the qualified wage would be paid to an employee when
The perfect attendance bonus would be paid at the end of the =

he was capable of operating the ice resurfacing machine and an associated equipment at the ice rink.
and the new policy will be
critiqued at that time. Councilman Graber anticipated that the new work policy would result in
improved Wdiq and employee morale, better work performanm and long term employment
Supervisor Clark directed Comptmller Chuck Koller to check with his secretary to d=m-3...aa if Erie
County Personnel would have to be notified of this compensation arrangement.
Co-•n-¬n Graber stated that they would be working with Highway Supt. Pat Finnegan to define
which category each of the part-time employees falls under. This list will be submitted for the next
Town Board meeting.
Supervisor Clark -s=;'E-ded Council Members Graber and Wmblewski for their work in this area
which has been a problem in the past.
4. Town Engineer re BL-haeld Motion by Supervisor Clark, seconded by Councilman

Park Impmvements Project Onm•=H to approve the proposal from N=±=== &
proposal for pmfessional Clarke, Inc. in the amount of $2600 for building redesign
supplemental engineering necessitated by floor plan changes requested by Youth Director
Mark T.n,=a on the Burchfield Park Improvements Pmject,
Job No. B-9902.
5. Town Farineer re Burchfield Motion by Councilman Osmantri, seconded by Supervisor

Park Improvements Pmject Clark, to approve the proposal from Nussbaumer & Clarke,
proposal for pmfessional Inc. in the amount of $600 for survey work requested by
supplemental enginaet.g AmeriCorps to assist them in clearing the cemetery and
establishing park trails on the B=!&td Park Improvernents
Project, Job No. B-9902.
6. Town Fngineer re Seneca Street Motion by Councihnan Osmanatri seconded by Supervisor

Soccer Complex Project Clark, to appmve the proposal from Nussbanmar & Clados,
pmposalfor;-E-d Inc. in the amount of $4300 for redesign of the inting system
supplemental engineering for the concession building on the Seneca Street Soccer
Complex, Job No. S-9809.
Page 26 of 85

Page two . . .
15-C COMMUNICATIONS
3. Town Attorney re West Seneca On the question, Councilman Hicks noted that there were two
Youth Hockey Association referees on the ice per game, so the $4 increase would be $2
Agreement per man and the $2 increase would be $1 per man.
(continued) Ayes: All Noes: None Motion Carried
4. Deputy Town Attorney re Sale Motion by Councilman Osmanski, seconded by Supervisor

of 141 Fernald Avenue Clark, to authorize the Town Attorney's Office to obtain an
appraisal of the property located at 139 Fernald Avenue and
sell it to the adjacent property owner at 141 Fernald Avenue
for the fair market value.
On the question, Supervisor Clark stated that the property owner at 141 Fernald Avenue would like to
purchase the lot at 139 Fernald Avenue to put an addition on his home. This is dead property owned by
the town, but after the sale the town will still maintain a 20-foot easement to access the sewer line. Sale
of this property not only helps the homeowner make improvements to his home, it also puts the property
back on the tax rolls and increases tax revenue from the increased assessment with the addition.
5. Town Engineer re Erie County Motion by Supervisor Clark, seconded by Councilman Hicks,
Water Authority agreements for to authorize the Supervisor to execute the two ECWA
Seneca Street Soccer Complex agreements attached and authorize payment of $747.32 for
providing water service to the Seneca Street Soccer Complex,

Job No. S-9809.

*APPENDICES*
6. Town Engineer re Security and Motion by Councilman Osmanski, seconded by Supervisor

fire alarm system proposals for Clark, to approve the proposals from Eastern States Sentinel
Burchfield Park Improvements Alarm Services Inc. in the amount of $3224 for building
Project security and $3900 for fire alarm systems on the Burchfield
Park Improvements Project, Job No. B-9902.
On the question, Councilman Hicks questioned why this was not included in the original bid for the
building and whether this was bid out.
Supervisor Clark responded that Eastern States Sentinel Alarm Services Inc. is a specified provider for
the town because they hook. in through the Silent Night basic computerized security system that is used
in other town facilities. They are the only company that can run through this service because their other
services are through that system. Eastern States is also a local West Seneca conipany. It was not possible
to include this in the bid for the building because of its original design and not knowing for sure the final
use of the building.
7. Town Eñgiñeer re Termination Motion by Councilman Osmanski, seconded by Councilman

of seasonal, part-time laborers Graber, to tenninate Kevin McCullough and Paul Reid as
in Sewer Service Department part-time seasonal laborers in the Sewer Service Department
effective September 27, 1999 and authorize the Supervisor to
complete and sign the necessary forms for Erie County
Personnel.
Page 27 of 85

Page two . . .
16-C COMMUNICATIONS
2. Town Attorney re On the question, Supervisor Clark stated that he had discussed
Intermunicipal agreement for some cost sharing ideas last year with Supervisor Cudney of
speed monitoring trailer Orchard Park. After checking with the Chiefs of Police from
both towns, they decided to share the cost and use of a speed
(continued) monitoring trailer. Supervisor Clark thanked Chief Miskovski

for working with Orchard Park's Chief of Police to reach an
agreement and purchase this equipment.
3. Town Attorney re Senior Motion by Councilman Osmanski, seconded by Councilman

Services Transportation & Wroblewski, to authorize the Supervisor to execute an
Escort Program amended agreement to the current 1999 contract with the
County of Erie whereby Erie County Senior Services will

replace the 1995 Chevrolet 12-passenger van with a 1999
Dodge 12-passenger van.
4. Town Engineer re Bid award for Motion by Councilman Osmanski, seconded by Councilman
Casimer Street Pump Station Hicks, to award the Casimer Street Pump Station project, Job
No. C-9909, to Milherst Construction Inc., 2601 Millersport
Highway, Getzville, NY 14068, at their low unit item contract

amount of $127,844.00 and authorize the Supervisor to
execute the contract.
5. Town Engineer re Bid date for Motion by Councilman Osmanski, seconded by Councilman
Traffic Signal Replacement Hicks, to set a bid date of November 9, 1999 at 10:00 A.M.
project for Seneca Street @ for receipt of bids on the Traffic Signal Rcplacernent project
Seneca Hose for Seneca Street at Seneca Hose, Job No. S-9907, noting that
funds are available under budget code item #5.5163.8197.
6. Town Engineer re Equipment Motion by Councilman Osmanski, seconded by Councilman

proposal for Plant #5 Graber, to authorize payment of $7505.85 to Siewert
Equipment Company, Inc. for rebuilding the rotating assembly
10"
in the original pump at Plant #5, noting that funds are
available under budget code item #3.8105.1441.
7. Town Engiñeer re Burchfield Motion by Councilman Osmanski, seconded by Councilman

Park Improvements Project, Graber, to approve Change Order No. 1 for Tri-R Cooling &
Change Order #1 Heating, Inc., 2481 Seneca Street, West Seneca, NY 14210 for
an addition of $635.00 for adding diffusers and additional
supply ductwork on the Burchfield Park Improvements
Project, Contract D - HVAC, Job No. B-9902, noting that

funds are available under budget code item #5.5169.8197.
Page 28 of 85


Page two. . .
17-B LEGAL NOTICES
1. (continued)
Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize the Supervisor to request
$17,000 from the Erie County Community Development Block Grant Consortium for the pumhase of a
wheelchair accessible van for the West Seneca Senior Citizens Center, noting that the van will provide
service to and from the center for its elderly and handicapped users and the town will match grant funds
with 50 percent of the total purchase cost or $17,000 in cash and in-kind goods and services.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the Supervisor to request
$15,000 from the Erie County Community Development Block Grant Consortium for handicap
accessible doors and lavatories at the West Seneca Public Library and a handicap accessible door at the
West Seneca Town Hall, noting that the town will match grant funds with 50 percent or $15,000 in cash
and in-kind goods and services.
Motion by Supervisor Clark, secoñded by Councilman Osmanski, to authorize the Supervisor to request
$35,000 from the Erie County Community Development Block Grant Consortium for handicap
accessible ramping from Michael Road to Westgate Blvd., noting that the town will request matching
funds in the amount of $17,500 in cash and in-kind goods and services from the County of Erie, as
Michael Road is a county owned road.
On the question, Councilman Osmanski stated that the rules are very stringent for the community
development block grant funds and the town sometimes has difficulty finding projects that work within
the requirements. However, he felt that this year they had come up with some projects that were needed
within the town and would qualify.
Motion by Supervisor Clark, seconded by Councilman Hicks, to close the public hearing.
1_7-C COMMUNICATIONS
1. Town Engineer re Erie County Motion by Supervisor Clark, seconded by Councilman

Water Authority agreement for Osmanski, to execute the attached Erie County Water
Burchfield Park Authority Agreemeñt and authorize payment of $3599.00 for
providing water service to the Burchfield Park Improvements
Project, Job No. B-9902.

*APPENDICES*
2. Town Engineer re Telephone Motion by Councilman Osmanski, seconded by Councilman

system proposal for Burchfield Hicks, to approve the proposal from Lucent Technologies Inc.
Park in the amount of $5213.00 for telephone system wiring on the
Burchfield Park Improvements Project, Job No. B-9902.

Page 29 of 85


Page three . . .
.18-C COMMUNICATIONS
5. Deputy Town Attorney re Site Motion by Supervisor Clark, seconded by Councilman Hicks,
plan approval for cellular to approve the site plan for location of a cellular
communications tower at 224 communications tower at 224 Fisher Road, West Seneca
Fisher Road (Carriager's property), as recommended by the Planning

Board at its October 20, 1999 meeting.
Motion by Supervisor Clark, seconded by Councilman Hicks, to issue a negative declaration for SEQR
purposes with regard to the location of a cellular communications tower at 224 Fisher Road, West
Seneca.
6. Town Engineer re Bid award for Motion by Councilman Osmanski, seconded by Councilman
Seneca Street @ Seneca Hose Hicks, to award the Seneca Street at Seneca Hose Traffic
Traffic Signal Replacement Signal Replacement Project, Job No. S-9907, to Omer
Project Construction, 621 Aero Drive, Cheektowaga, NY 14225, at
their low unit item contract amount of $34,955.00 and
authorize the Supervisor to execute the contract.
7. Town Engineer re Burchfield Motion by Councilman Osmanski, seconded by Supervisor

Park Improvements Project, Clark, to approve Change Order No. 1 for Aurora Plumbing &
Contract B - Plumbing, Change Excavation Co., Inc., 5800 Seneca Street, Elma, NY 14059 in
11/2"
Order No. 1 the amount of $745 for changing the copper water
2"
service and back flow preventer to to the building on the
Burchfield Park Improvements Project, Job No. B-9902.
8. Town Engineer re Telephone Motion by Supervisor Clark, seconded by Councilman

system proposal for Burchfield Wroblewski, to acquire a telephone system from Lucent
Park Improvements Project Technologies Inc. for the Burchfield Park Improvements
Project, Job No. B-9902, either through direct purchase in the

amount of $24,689.16 or a lease/purchase agreement for the
same system with the same cost, if approved by the Town
Comptroller and Town Attorney.
9. Town Engineer re Seneca Street Motion by Councilman Osmanski, seconded by Supervisor

Soccer Complex, Contract C - Clark, to approve Change Order No. 1 in the amount of
Electrical, Change Order No. 1 $2640.77 for Fischbach & Moore Electric LLC, 235 Metro
Park, Rochester, NY 14623 for adding stone base and concrete

pads under the 10 KVA and 225 KVA transformers on the
Seneca Street Soccer Complex, Job No. S-9809, bringing the
total contract amount to $132,700.77.
Page 30 of 85

Page three . . .
19-C COMMUNICATIONS
2. Town Attorney re Purchase of Motion by Councilman Osm=ki, seconded by Councilman

computer Hicks, to authorize the purchase of one (1) Dell Inspiron 7500
computer for the Town Attorney's Office at the state bid price
of $3311 plus shipping, noting that there are sufficient funds
in Equipment Acet. #01.1420.0200 to cover this purchase.
3. Town Engineer re Seneca Street Motion by Councilman Osmanski, seconded by Councilman

Soccer Complex, Contract B - Hicks, to approve Change Order No. 1 in the amount of $200
Plumbing, Change Order #1 for Aurora Plumbing Co., Inc., 5800 Seneca Street, Elma, NY
14059 for relocating the exterior drinking fountain on the
concession building at the Seneca Street Soccer Complex, Job
No. S-9809, noting that this will bring the total contract
amount to $38,970.
4. Town Engineer re Burchfield Motion by Councilman Osmanski, seconded by Councilman

Park Improvements Project, Hicks, to approve Change Order No. 1 in the amount of $2351
Contract C - Electrical, Change for Ken Electric Corp., 89 O'Connell Avenue, Buffalo, NY
Order #1 14204 for various additions and revisions on the Burchfield
Park Improvements Project, Contract C - Electrical, Job No.
B-9902, noting that this will bring the total contract amount to
$50,151.
5. Town Engineer re Burchfield Motion by Councilman Osmanski, seconded by Councilman

Park Improvements Project, Wroblewski, to approve Change Order No. 2 in the amount of
Contract D - HVAC, Change $968 for Tri-R Cooling & Heating Inc., 2481 Seneca Street,
24"
Order #2 West Seneca, NY 14210, for furnishing and installing x
24" 12" 12"
lay-in ceiling diffusers in lieu of x diffusers on
the Burchfield Park Improvements Project, Contract D -
HVAC, Job No. B-9902, noting that this will bring the total
contract amount to $64,138.
6. Town Engineer re Erie County Motion by Cotmcilman Hicks, sec0ñded by Councilman

Water Authority proposal for Graber, to approve the Erie County Water Authority proposal
hydrañt at end of Old Slade of $229.08 annually for addition of one new hydrant and valve
Avenue assembly at the end of Old Slade Avenue near the Hampton
Inn project.
On the question, Councilman Graber noted that the Erie
County Water Authority would be installing the hydrant and

valve at their cost which will save the town several thousand
dollars.

Page 31 of 85
West Seneca, NY 14224 December 13, 1999

Page three . . .
20-C COMMUNICATIONS
1. Supervisor Clark re Retirement Motion by Councilman Osrnanski, seconded by Councilman

of Marjorie Burckhalter Hicks, subject to final acceptance of an executed agreement
with the White Collar Unit with regard to early retirement, to
accept the retirement of Marjorie A. Burckhalter, 64 Lind
Avenue, and terminate her as Legal Stenographer effective

December 29, 1999 and authorize the Supervisor to complete
and sign the necessary forms for Erie County Personnel,
noting that Mrs. Burekhalter chose to take advantage of the
Early Retirement Incentive Program after completing over 30

years of service to the town.
On the question, Councilman Osmanski stated that Mrs.

Burckhalter has been an excellent employee of the town and
will be missed.
2. Supervisor Clark re Retirenient Motion by Councilman Osmanski, seconded by Councilman

of John Lempke Wroblewski, subject to final acceptance of an executed
agreement with the Blue Collar Unit with regard to early
retirement, to accept the retirement of John R. Lempke, 3358
Bozard Hill Road, Great Valley, and terminate him as Auto
Mechanic effective December 29, 1999 and authorize the
County Personnel, noting that Mr. Lempke chose to take

advantage of the Early Retirement Incentive Program after
completing over 35 years of service to the town.
3. Supervisor Clark re Retirement Motion by Supervisor Clark, seconded by Councilman Hicks,

of Richard Scheuneman subject to final acceptance of an executed agreement with the
Blue Collar Unit with regard to early retirement, to accept the
retirement of Richard O. Scheuneman, 46 Marlow Road, and
terminate him as Working Crew Chiefeffective December 29,
1999 and authorize the Supervisor to complete and sign the
necessary forms for Erie County Personnel, noting that Mr.

Scheuneman chose to take advantage of the Early Retirement
Incentive Program after completing over 31 years of service to
the town.
4. Town Engineer re Professional Motion by Councilman Osmanski, seconded by Supervisor
engineering services for Clark, to approve the proposal from Nussbaumer & Clarke
Burchfield Park Improvements Inc. in the amount of $2409.22 for preliminary floodway
Project investigation work related to construction of various
improvements in the floodway on the Charles E. Burchfield
Interpretative Art and Nature Center project.

West Seneca, NY 14224 December 13, 1999
Page 32 of 85
7. Town Attorney re West Seneca Motion by Councilman Osrn=ki, seconded by Councilman

Little Football licensing Hicks, to extend the licensing agreement for five years with
Loop
agreement West Seneca Little Loop Football, Inc. for the lease of
property located to the rear of the West Seneca Senior

Citizens Center.
8. Town Eñgiñêct re Burchfield Motion by Councilman Osmanski, seconded by Supervisor
Park Improvements Project, Clark, to approve Change Order No. 3 for Tri-R Cooling &
Contract D - HVAC, Change Heating Inc., 2481 Seneca Street, West Seneca, NY 14210, for
Order #3 addition of $3648 for furnishing and installing twelve (12)

sheet metal enclosures with internal mount 100-watt heaters
on the Burchfield Park Improvements Project, Contract D -
HVAC, Job No. B-9902 and finalize the total contract amount
at $67,786.00.
9. Town Engineer re Proposals for Motion by Councilman Osmanski, seconded by Councilman

additional work on Burchfield Wroblewski, to approve the following proposals for additional
Park Improvements Project work on the Burchfield Park Improvements Project, Contracts
A, C & D, Job No. B-9902:
C.H. Byron $7317.80

Ken Electric $2270.00
Tri-R Cooling & Heating $1225.00
10. Town Engineer re Bid date for Motion by Councilman Osmanski, seconded by Supervisor
Race Street Reconstruction Clark, to set a bid date of March 21, 2000 at 10:00 A.M. for
Project receipt of bids on the Race Street Reconstruction Project, Job
No. R-0002, noting that funding for same is appropriated
under 5.5176.8197 and the town has a $90,000 grant from
HUD for use on this project.
11. Town Engineer re Bid date for Motion by Councilman Osmanski, seconded by Councilman
Sanitary Sewer Repair Contract Hicks, to set a bid date of March 21, 2000 at 10:00 A.M. for
receipt of bids on the Sanitary Sewer Repair Contract, Job No.
S-0001.
12. Town Engineer re Fencing Motion by Councilman Osmanski, seconded by Councilman

quotes for Plant 6 Hicks, to award the fencing installation work at Plant 6 to
Iroquois Fence Co., 51 North America Drive, West Seneca,
NY 14224, at their low proposal amount of $3200.00, noting
that funds for same are encumbered under the 1999 Special
District Budget #3.8100.1207.

Page ten . . .
3-D COMMUNICATIONS
Page 33 of 85

West Senees, NY 14224 March 13, 2000
Page seventeen ., ,
4-C COMMUNICATIONS
2. Supervisor Clark re Application Motion by Councilman Osmanski, seconded by Councilman

for tree planting grant Wmblewski, to authorize Supervisor Paul T. Clark of the
Town of West Seneca to sign and file an application for funds
in an amount not to exceed $7500 and upon approval of said
request to enter into and execute a pmject agreement with the
New York State Department of Environmental Conservation
for such financial assistance to this municipality for tree
planting; and further, authorize the Town of West Seneca to
commit up to $25,000 in cash and in-kind goods and services
from n=-f-d-J sources as matching funds for this New
York State Department of Environmental Conservation,
Urban and Community Forestry Program grant of S7500.
Noes· None Motion Carried

Ayes: All
-" -
3. Town Attorney m Bond Motion by Osmandi, seconded by Councilman
d
re.softsti=a for Park, Hicks, to adopt the attached resohati= authorizing the
eqe:c-• pachases & mad purchase of machinery and apparatus for construction and
reconstruction maintenance in and for the Town of West Seneca, Erie
Coimty, New York, at a maximum estimated cost of $500,000
and authorize, subject to perminive referendum, the i•a====
of $500,000 bonds of said town to pay the cost thereof.

*APPENDICES*
I
Motion by Councilman h--ski, seconded by Co-.an- Hicks, to adopt the attached resolution
e±ad±g the reconstruction of mads and streets in and for the Town of West Seneca, Erie County,
New York, at a maximum estimated cost of $2,000,000 and authorize, subject to permissive
n=d--., the issuance of S2,000,000 bonds of said town to pay the cost thereof.

*APPENDICES*
Motion by Councilman Osmanski, seconded by Councilman W::b!cwski, to adopt the attached

resolution âüúsizing the construction of original recreational i=..¡:±--=-e.ts and buildings in and for
the Town of West Seneca, Erie County, New York, at a maximum estimated cost of $1,650,000 and
authorize, subject to permissive referendum, the issuance of $1,650,000 bonds of said town to pay the
cost thereof.

*APPENDICES*
4. Town Engineer re Centennial Motion by Co=ci!== Osmanel, seconded by Supervisor

Pool Pa-ev±e-.: Pmject, final Clark, to accept the Centennial Pool Renovations Pmject, Job
acceptance No. C-9904, completed by MFC Construction Co., 5891
I Genesee Street, Lancaster, NY 14086 at a final contract
amount of $222,943.48.
5. Town Fngineer re Purchase Motion by Coimcilman Osmandi, seconded by Ce=-n-

requiring Town Board approval Hicks, to authorize payment of $3205 to URS Greiner
Woodward Clyde.
Page 34 of 85
.. (Publish 3/16/20ÓO)
NOTECE OF ADOPTICH OF EEBOLUTICM

SUBJECT TO PERMESSZVE REFERENDUM
NOTICE IS HBREBY GIVEN that the Town Board of the Town of West
Seneca, Erie County, New York, at a meeting held on the 13th day of
March, 2000, duly adaptad the resolution published herewith SUBSECT

.
TO A PERMZ8SIVE REFERENDUM.
.
Dated: West.Seneca, New York,
March._14_, 2000.
Patricia C. Winniewski ·
Town ·Clerk
BOND RESOLUTION DATED MARCH 13 , 2000.
A RESOLUTION AUTHORIZING THE PURCHASE OF MAGINERY AND

APPARATOS FOR CONSTRUCTION AND MAINTENANCE IN AND FOR
THE TOWN OF· WEST ERIE COUNTY, NEW YORK,. AT A
SENECA,
MAXIMUM ESTIMATED ·COST OF $500,000, AND AUTHORIZING,
SUBJECT TO PERMISSXVE REFERENDUM, THE ISSUANCE OF
$500,000 BONDS OF SAID. TOWN TO PAY THE COST THEREOF.
BE IT the affirmative vote of not less than two-

RESOLVED, by
thirds of the total voting strength of the Town Board. of the Town
of West Seneca, Erie County, New York, as follows:
Section 1. The purcliase of machinery and apparatus for
construction and maintenance in and for the Town of West Seneca,
Erie County, New York, is hereby authorized, at a maximum estimated
cost of $500,000.
Section 2.. The plan for the financing of such maximum
estimated cost is by the issuance of $500,000 bonds of said Town
hereby authorized to be issued therefor pursuant to the Local
Finance Law, SUBSECT TD PERMISSIVE REFERENDUM.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes
Page 35 of 85
is fifteen years, pursuant to subdivision 28 of paragraph a of
Section 11.00 of.the Local Finance Law, St hereby det·•m4ners

being
that the cost of each individual. item of such ancMnary and
apparatus is $30,000 or more. It is hereby further determined thati
the maximum of the bonds herein authorized will exceed

maturity
five years.
Section 4. The faith and credit of said Town of West Seneca,
Brie County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such bonds .as the same
respectively become due and payable. An annual appropriation shall
be made in each year sufficient to pay the principal of and
interest on such bonds becoming due and payable in such year.
There shall annually be levied on all the taxable real property in
said Town, a tax sufficient to pay the principal of aniI interest on
such brmda as the same become due and payable.
section 5. Subject to the provisions of the Local Finanne
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized,. including renewals of such notes, is
hereby delegated to the Supervisor of said Town, the chief fiscal
officer. Such notes shall be of such terms, foz1a and contents, and
shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 6. All other matters except as provided berein
relating to the bonds herein authorized including the date,
denominations, maturities and interest payment dates, within the
-2-
Page 36 of 85
limitations prescribed herein and the mannar of execution of the
same, including the consolidation with other issues, and also the
ability to issue bonds with substantially level. or declining annual
debt service, shall be determined by the Supervisor, the chief
fiscal officer of such Town. Such . bonds shall contain
substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law, and shall- otherwise be in
such form and contain such recitals, in addition to those required
by Section 51.00 of the Local Finance Law, as the Supervisor shall
determine consistent with the provisions of the Local Finance Law.
Section 7. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money,
or
2) The provisions ·of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commanned within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 8. This resolution shall constitute a statement. of
official intent for purposes of Treasury Regulations Section
1.150-2. Other than as specified in this resolution, no moneys
are, or are reasonably expected to be, reserved, allocated on a
-3-
Page 37 of 85
long-term basis, or otherwise set aside with ·respect to the
permanent funding of the object or purpose described herein.
Section 9, Upon this resolution taking effect, the same
shall be published in full in The West Seneca Bee, which is hereby
designated as the official newspaper of said Town for such purpose.,
t~g=ther with a notice of the Tbwn Clerk in substantially the form
provided in section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISS2VE
REFERENDUM.
Page 38 of 85
(Publish 3/16/2000
'
NOTICE OF ADOPTION OF RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM
NOTICE IS HEREBY GIVEN that the Town Board of the Town of West
March, 2000, duly adopted the resolution published herewith SUBJECT
TO A PERMISSIVE REFEREMDUM.
Dated: West Seneca, New York,
March L, 2000.
Patricia c. Wisniewski
Town Clerk
BOND RESOLUTION DATED MARCH 13 , 2000.
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF ORIGINAL

RECREATIONAL IMPROVEMENTS AND BUILDINGS IN AND FOR THE
TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AT A MAXIMUM
ESTIMATED COST OF $1,650,000, AND AUTHORIZING, SUBJECT
TO PERMISSIVE REFERENDUM, THE ISSUANCE OF $1, 650 ,000
BONDS OF SAID TOWN TO PAY THE COST THEREOF.
BE IT the affirmative vote of not less than two-

RESOLVED, by
thirds of the total voting strength of the Town Board of the Town
Section 1. The construction of original recreational
improvements and buildings in and for the Town of West Seneca, Erie
County, New York, is hereby authorized, at a maximum estimated cost
of $1, 650,000.
Section 2. SEQRA DETERMINATION: IT IS HEREBY DETERMINED
THAT THE AFORESAID IMPROVEMENTS CONSTITUTE ACTIONS UNDER THE
SEQRA REGULATIONS OF THE STATE OF NEW YORR WHICH WILL NOT HAVE
ANY SIGNIFICANT IMPACTS UPON THE ENVIRONMENT.
Section 3. The plan for the financing of such maximum
estimated cost is by the issuance of $1,650,000 bonds of said Town
Page 39 of 85
Finance Law, SUBJECT TO PERMISSIVE REFERENDilM.
is fifteen years, pursuant to subdivision 19(c) of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the bonds herein authorized
will exceed five years.
Sect;ion 5. The faith and credit of said Town of West Seneca,
Erie County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such bonds as the same
said Town, a tax sufficient to pay the principal of and interest on
such bonds as the same become due and payable.
Section 6. Subject to the provisions of the Local Finance
8 Law, the power to authorize the issuance of and to sell bond
bonds herein authorized, including ranêwals of such notes, is
officer. Such notes shall be of such terms, form and contents, and
Law.
-2--
Page 40 of 85
_.- - -
Section 7. All other matters except as provided herein
deñaiüinations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the
ability to issue bonds with substantially level or declining annual
fiscal officer of such Town. Such bonds shall contain
Section 52.00 of the Local Finance Law, and shall otherwise be in
Section . The validity of such bonds and bond anticipation
1) Such obligations are authorized for an object or purpose
or
2) The provisions of law which should be complied with at
commenced within twenty days after the date of such publication, or
Section p. This resolution shall constitute a statement of
-3-
Page 41 of 85
1.150-2. other than as specified in this resolution, no moneys
long-term basis, or otherwise set aside with respect to the
Permanent funding of the object or purpose described herein.
Section 10. Upon this resolution taking effect, the same
designated as the official newspaper of said Town for such purpose,
together with a notice of the Town Clerk in substantially the form
Provided in Section 81.00 of the Local Finance Law.
pection 11. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
RE UM.
Page 42 of 85
(Publish 3/16/2000)
NOTICE OF ADOPTION OF RESOLUTION

SUBJECT TO PERMISSIVE REFERENDUM
NOTICE IS HEREBY GIVEN that the Town Board of the Town of West
March, 2000, duly adopted the resolution published herewith SUBJECT
TO A PERMISSIVE REFERENDUM.
Dated: West Seneca, New York,
March 14 , 2000.
Patricia C. Winniewski
Town Clerk
BOND RESOLUTION DATED MARCH 13, 2000.
A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF ROADS AND

STREETS IN AND FOR THE TOWN OF WEST SENECA, ERIE COUNTY,
NEW YORK, AT A MAXIMDM ESTIMATED COST OF $2,000,000, AND
AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE
ISSUANCE OF $2,000,000 BONDS OF SAID TOWN TO PAY THE
COST THEREOF.
BE IT RESOLVED, the affirmative vote of not less than two-

by
thirds of the total voting strength of the Town Board of the Town
Section 1. The reconstruction of roads and streets in and
for the Town of West Seneca, Erie County, New York, whether or not
including sidewalks, curbs, drainage, landscaping, grading or
improving the rights of way and other improvements in connection
therewith, is hereby authorized, at a maximum estimated cost of
$2,000,000.
Sectiron 2. SEQRA DETERMINATION: IT Is HEREBY DETERMINED
THAT THE AFORESAID IMPROVENENT CONSTITUTES AN ACTION UNDER THE
SEQRk REGULATIONS OF THE STATE OF NEW YORK WHICH WILL NOT HAVE
ANY SIGNIFICANT IMPACTS UPON THE ENVIRONNENT.
Page 43 of 85
Finance Law, SUBJECT TO PERMISSIVE REFERENDUM.
bonds herein authorized, including renewals of such notes, is
-2-
Page 44 of 85
S9ctior) 3. The plan for the financing of such maximum
Finance Law, SUBJECT TO PERMISSIVE REFERENDUM.
bonds herein authorized, renewals of such notes, is

including
-2-
Page 45 of 85
Finance Law, SUBJECT TO PERMISBIVE RE FERENDUM.
Section s. The faith and credit of said Town of West Seneca,
respectively baceme due and payable. An annual appropriation shall
bonds herein authorized, including renewals of such notes, is
Page 46 of 85
Law.
Sention 7. All other matters except as provided herein
denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the
ability to issue bonds with substantially level or declining annual
fiscal officer of such Town. Such bonds shall contain
Section 52.00 of the Local Finance Law, and shall otherwise be in
Sect;ion 8. The validity of such bonds and bond anticipation
1) Such obligations are authori zed for an object or purpose
or
2) The provisions of law which should be complied with at
commenced within twenty days after the date of such publication, or
-3-
Page 47 of 85
Sectign 9. This resolution shall constitute a statement of
1.150-2. Other than as specified in this resolution, no moneys
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10. Upon this resolution taking effect, the same
designated as the official newspaper of said Town for such purpose,
together with a notice of the Town Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
Section $1. THIS RWS0mTION IS ADOPTED SUBJECT 'EU PERMISSIVE
REFERENDUM.
-4-
Page 48 of 85
WEST SENECA TOWN OFFICES TOWN BOARD PROMRBINGS

West Senees, NY 14224 March 27, 2000
Page seven ...
5-D COMMUNICATIONS
6. Town Fagir=r re Centennial Motion by Councilman nananaM, -amind by Supervisor

Spray Pool Replacement Clark, to accepttbe adennial Spray Pool Replacand Project
Project, final acceptance Job No. C-9905, completed by MFC Construction Co., Inc.,
5891 Genesee Street, Lancaster, NY 14086 at a final contract
amount of $171,337.95.
7. Town Engineer re Burchfield Motion by Connaihnan Ounanalri, seconded by Supervisor

Park I=p:ovc:aents Project, Clark, to approve Change Order #2 for Aurora Plumbing Co.,
Contract B - Plumbing, change Inc., 5800 Seneca Street, Elma, NY 14059 for a not •&tMan of
order #2 $571.50 and hh thetotal contract amount at $19,896.50 fo
the Burchfield Park Improvements Project, Contract B -
Plumbing, Job No. B-9902.
8. Town Engineer re Burchfield Motion by Connnil= Osmanski, seconded by Supervisor

Park Improvements Project, Clark, to accept the B-hm Park Impsevements Project,
Contract B- Plumbing, final Contract B- Plumbing, Job No. B-9902, =pleted by Aurora
acceptance Pl::=bi=g Co., Inc., 5800 Seneca Street, Elma, NY 14059 at a
final contract amount of $19,896.50.
9. Town Fngineer re Burchfield Motion by Ce=1-.•n OsmanaM, seconded by Supervisor

Park Improvements Project, Clark, to approve Change Order #3 for Ken Electric Corp., 89
Contract C- Electrical, change O'Connell Avenue, Buffalo, NY 14204 for a net addition of
order #3 33362.77 and hh the total contract amount at $55,783.77
for the Burchfield Park Improvements Project, Contract C -
Electrical, Job No. B-9902.
10. Town Engineer re Bachfield Motion by Councilman Omnan M seconded by Supervisor

Park Improvements Project, Clark, to accept the Burchfield Park Improvements Pmject,
Contract C - Electrical, final Contract C - Electrical, Job No. B-9902, completed by Ken
acceptance Electric Corp., 89 O'Connell Avenue, Buffalo, NY 14204 at a
final contract amount of $55,783.77.
11. Town Fagi= re Bachfield Motion by Conanilman Osrn•=1ri seconded by Councihnan

Park Improvements Project, Wroblewski, to accept the Bachfield Park Improvemmata
Contract D- HVAC, final Project, Contract D - HVAC, Job No. B-9902, completed by
acceptance Tri-R Cooling & Heating Inc, 2481 Seneca Street, West
Seneca, NY 14210-2659 at a final contract amount of $69,011.
Ayes- All Noes: None Motion Carried
Page 49 of 85

1250 Union Road Minutes #200Ni
Page two ...
6-C COMMIINICATIONS
l. Supervisor Clark re Application Motion by Co-it - O•=•naki, seconded

by Supervisor
to the NYS Department of Clark, to authorize Supervisor Paul T. Clark to enth, as
State, Quality C---."a lead agency, with the West Seneca Central School District in
D=aneation Program an application to the New York State Department of State,
QualityCo- Demonstration Program for 315,000 to
co==inian, pachase and affix 75 informational Braille and
raised-lettered signs in the Charles E. Buchfield Art and
Nature Center, noting that the town and district will match
grant funds with $38,650 in in-kind goods and services.
On the question, Supervisor Clark stated that this was a deme±o::project that was very progressive
for public parks and would allow for some speciali=1 infarmarianni Braille lettering to be af tbred in
an integrative way to the signage at Bachfield Park.
2. Supervisor Clark re Motion by Supervisor Clark, seconded by Connai1==

Terminarian of Mary Margaret Osmanski, to termine Mary Margaret Ricci, 219 Boncroft
Ricci Drive as put-time Youth Service Coactinmenr effective
November 24, 1998 and authorize the Superviser to complele
and sign the necessary forms for Erie County Personnel
Ayes· All Noes: None Motion Carried
3. Supervisor Clark re Title Motion by Councilman O•=•naki seconded by CanneiI=•n

individuals·
corrections Wrobiewski, to an=1 the titles for the following
Daniel E. Frontera, 791 Union Road, from Naticoal Service Ahw, PJC to Coordinator of
Federal & State Aide Programs, effective November 24, 1998
Brian M. Lawrence, 49 Treehaven Road, from part-time Altm=•rive part-

Sentencing Director to
time Youth Service Coordinator, effective December 15, 1997
and authorize the Supervisor to complete and sign the necessary forms for Erie County Perannual
Ayes· All Noes: None Motion Carried
4. Supervisor Clark re Creation of Motion by Co=eil= O=nandi, seconded by Councilman

part-time Public Safety Wrobiewski, to create one part-time Public Safety Dispatcher
disps:ds position position, which is currendy filled but not fmmally established
with Erie County Personnel, and authorize the Supervisor to
Personnel.
5. Town Attorney re C-·.-±-; Motion byCouncilman Omnanai, seconded by Supervisor

D-Went Block Orant Clark, to anthnrize the Supervisor to execute the --"y
Project Agreement re purchase Devolup=sat Black Grant Project Ass-- between the
of senior citizen handicapped County of Erie and the Town of West Seneca for the progann
van year 2000-2001 for the purchase of a senior citizen
handicapped van.
Page 50 of 85
WEST SENECA TOWN OFFICES TOWNBOARD PROCEEDINGS

Page four ...
6-C COMMUNICATIONS
12. Town Engineer re Pachase Motion by Councilman Osrnanaki seconded by Supervisor

requiring Town Board appmval Clark, to anthnrize payment of $3784 to New York State
Electric & Gas for electric service at the West Seneca Soccer
Complex.
13. Town Faci=re Bid date for Motion by Councilman O=•ndi seconded by Commihnan
Tindle Avenue Revitalizatinn Wroblewski, to set a bid date of May 2, 2000 at 10·00 A.M.
Project for receipt of bids on the Tindle Avenue Revitalization
Pmject, Job No. T-9911.
Ayes. All Noes: None Motion Carried
14. Town Faci- re Burchfichi Motion by Councilman Osmanaki, seconded by Supervisor

Park Development Project, Job Clark, to appmve the Nuechaumar & Clarke, Inc. pmposal for
No. B-9908, Pmposal for a total not to exceed $64,425.00 to provide bidding services,
professional engineering general services during construction, and construction
services observation services (hourly) on the Burchfield Park
Development Project, noting that $6000 of this total amount
was appmved at a prior Town Board meeting for bidding
services.
On the question, Councilman O==*i stated that the proposal included inspection services,
paperwork, contracts, invoice processing, and shop drawing reviews.
Supervisor Clark questioned if they could eliminarm constmction observation services from the proposal
at this time without disrupting the flow of work.
Cameinrnan Osmanski felt that elintinating this part would disrupt the flow since they were wider a very
tight time frame to complete the project by a certain date. Also, the contracts and bidding were set up
as per the specs of the engineering firm rather than those of the town's Engineering Department.
Councilman Graber questioned if the Engineering Department staff was completely booked for the year.
Town Fngineer George Montz responded that there were a number of projects that they were still trying
to finish some designs for, along with carryover projects from the previous year. His staff was booked
for the year, which was why they needed to go to an outside firm for this work.
Councilman Osmanski stated that the only item that could be excessive was Task #3, which was based
on hours. 'Ibey could not pay only a set dollar amount for construction observation because something
unforeseen could happen in the construction and they wanted the project to finish within the sta•igami
time frame. Councilman Osmanaki had expressed to the ;-. ::::i;::!s at Nussbaumer & Clarke that the
town was very concemed that the pmject rmain on schedule in all respects. 'Ihey were willing to meet
with the boani members at any time.
Councilman Wroblewski suggested that Councilman Osmanski set up a meeting with Nuadan= &
Clarke in the near future to discuss the pmject.
Conneitman o-anaW stated thatNusi;b-.:::::=r & Clarke had suggested a pre-construction ==*ing for
the Race Street R-smerian Pmject and the Buch6eld Park h-!-f-set Pmject since both projects
would have the same contractor.
Page 51 of 85

West Senees, NY 14224 April 10, 2000
Page five...
6-C COMMUNICATIONS
14. Town Engineer re Burchfield Councilman Graber stated his opposition to hiring high cost
Park Development Project, Job engineering firms to perform this work and felt it was long
No. B-9908, Proposal for overdue for municipalities to took for another maana of
professional engineering providing inspections. He thought that this was a very
services expensive proposition with exorbitant figures, and
Nussbaumer & Clarke would probably be back with an
(continued) additional fee. Councilman Graber preferred to hire an
independent inspector who would not be intimately involved
with the project and would be more likely to see things as
they truly are.
Cannailman Omnandi stated that the Engineering Department has always tried to do everything in-
house with their own people; however, in the past few years there has been a construction boom and
the town was very successful in obtaining outside funds to help pay for constmetion pmjects. This
created an extraordinary amount of construction in town and overwhelmed the Facin=ing Department
Conneitman Omnandi felt that Nussbaumer & Clarke's proposal was the standard going rate for a very
responsible, high-quality enginming firm and it would only cause problems ifthey were to bring in
an independent inspector. Nussbaumer & Clarke would be totally responsible for the project.
Ayes: (3) Councilman Omnandi, Councilman Wroblewski, Supervisor Clark
Noes: (1) Councilman Graber Motion Carried
15. Town Fngineer re Bid award Motion by Councilman Omnanai seconded by Councibnan
for Bachfield Park Wroblewski, to award the Burebfield Park Developmanr
Development Project Project, Job No. B-9908, to Visone Construction Inc., 79
Sheldon Avenue, Depew, NY 14043 at their low total base bid
with attemate proposal amount of3940,900 and adl=i=the
Supervisor to execute the contract documents.
On the question, Councilman Osmanski noted that Visone Conanusion was also the successful bidder
on the Race Street Reconstruction Project and their references were excellent.
Supervisor Clark stated that he would abstain fmm voting on this project because Visone Constmetion
was a client of an ==---i-g firm that he has a personal Emanciat interest in. He further stated that he
never discouraged his clients from bidding on construction projects and many of them work all over
Westem New York and the country. On this particular bid, Visone Co=s:as::ica was $68,600 less than
the next lowest bidder.
Councilman Graber commented that C.H. Byron was the low bidder on two of the town's larger
projects, but C.H. Byron's bid on this project was owr $600,000 more than Visone's. He further noted
that Councilman Omnandi has been following this pmject and his prnliminary estimates were very
accurate. The $940,900 bid from Visone Construction was a little less than anticipated.
Ayes: (3) C0üñciliasa Osmanski, Councilman Wroblewski, Conneitmart Graber

I
Noes: None Abstentions: (1) Supervisor Clark Motion Carried
Page 52 of 85
. . - .- -- - - - - ... _ .

1258 Union Road Minutes #2O90-9
West Senees, NY 14224 June 12, 2000
Page two ...
9-B COMMUNICATIONS
2. Town Engineer re Sn=hine Motion by Connail== O==1ri, seconded by Supervisor

Park Recreational Pacility, Clark, to apisove Change Order #1 in the amount of $18,064
, change onler #1 for Pratt & Huth Associates, 60 Earhat Drive, Wittiamaville,
NY 14221 for additional adminimrative and in•pavi=
services on the Sn=hina Park Recreational Pacility Project,
Job NowS-9615.
Ayes: All Noes. None Motion Carried
3. Town Engineer re Smehina Motion by Commnilm= hermanmiri seconded by annathn=

Park Recreational Facility, final Wroblowsid, to accept the Samhina Padt Recreational Pacility
acceptance Project, Job No.S-9615, completed by C.H. Byron Co., Inc.,
100 James Avenue, Tenswanda, NY 14150 at a final centmet
amount of $1,157,194.
On the question, Councihnan Wroblewski quessinnad if acceptance of this project was annditinnad on
the trees being replaced.
!
Supervisor Clark questioned if they had to wait adil the fhl1 season to replace the trees.
Town Fagineer George Montz responded that everything on the punch list would be toplaced and some
had already been taken care of. Final payment would be withhold until all wodc is arnaplete. 'lhe
1•nd=per would be replacing the trees and the one-year mainw=nea bond would be effective as of
the acceptance date.
Supervisor Clark suggested that the dead trees be dor===dart and removed as soon as pn='hia so they
do not take away from the appearance of the new park.
Connni1rnan O-anairi understood that there was a two-year guarantee on the trees and not just the ane-
year maintenanca bond.
Mr. Montz thought that it was only one year, but he would check into this.
Councilman Graber questioned if all the developmena with this project had been docanan*ad
Mr. Moutz responded that everything involving the project would be -W in a per===e file.
Ayes: (4) Councibnan nemanetri, co-::- Wroblewski, mmnilman Hicks, Supervisor Chuk
.
Noes: (1) Conanil== Graber Motion Carried
4. Town Fnpinare re Burchfield Motion by Councilman O•nan•1ri arenndad by Supervisor

Park improvemanh Pmject, Clark, to approve Change Order #1 in the amonat of
change order #1 319,371.61 for C.H. Bymn Co., Inc., 100 James Avenne,
Tonawanda, NY 14150 for additional work on the Bmchfield
Park Improvements Project, Job No. B-9902.
Noes· None Abstentions. Supervisor Clark

(1)
Motion Carried
5. Town Warinaar re Bid date for Motion by cmmei1== O•nandri, amenimi by cannnih=n
Sanitary Sewer Remadiatinn Wmblewski, to set a bid date of July 11, 2000 at 10·00 A.M.
Project for receipt of bids on the Sanitsy Sewer Ranadfatinn Project,
Job No. S-0004.
_ .
Page 53 of 85

Page fourteen ...
I
PRORLEMS OF THE PUBLIC
PARKSIDE DRIVE FLOODING (continued)
Supervisor Clark requested that Mike Kert coordinate the meeting and his office would send notification
of the date and time. In the meantime, he would talk with Youth Director Mark T a= to have the
AmeriCorps conduct a house-to-house needs survey and they would then do their best to get the work
done for the residents.
Ms. Simin•ki suggested that the town be persistent in offering help to the residents hran= aome may
be too pmud to accept any help offered to them.
Debbie Domogala, 87 Parkside Drive, stated that the entire contents of her basement was lost to the
floodwaters and her family room was c::::p!:::ely destroyed. She thought that the tone of the meeting
would have been different if there had been a fatality on Friday and things would have happened faster.
Mrs. Domogala stated that she called Supervisor Clark on Saturday moming because she wanted him
to see the devastation to her home. It has since been cleaned up, but there was still structural damage
to her home. She was terrified thintring that it could flood again in the future and noted that she
ine=tat to put her house up for sale in the spring.
3-C COMMUNICATIONS
1. Supervisor Clark re Grant Motion by Councilman Omnamki, seconded by Supervisor

applic-sien for trail system in Clark, to authorize and direct Supervisor Paul T. Clark of the
Burchfield Park Town of West Seneca, New York, to file an application for
I funds from the New York State Office of Parks, Recreation
and Historic Preservation in accordance with the provisions of the 2001 Remenilvaal Trails Plogram,
in an amount not to exceed $30,000 with the town agiccizig to commit $42,825 in cash and in kind
goods and services as matching funds, and upon approval of said request, to enter into and execute a
project agreement with the state for such finarmial assistance to the Town of West Seneca for the
construction of a trail system in West Seneca's Burchfield Park.
2. Supervisor Clark re Motion by C:::==u:=an Osmanski, seconded by Conneitman

Appointment of Anna Marie Wroblewski, to appoint Anna Marie Falkner, 97 Cove Creek
Falknar to Board of Ae=•mnent to the Board of Assessment Review for a term effective
Review February 13, 2001 tinough September 30, 2005.
3. Supervisor Clark re Motion by Councilman Omanaki. seconded by Councilman

Appointment of T.inrimy Wroblewski, to appoint Lindsey Schrni,gr, 27 Dorr Street, as
Schmidt as part-time Clerk part-time Clerk effective February 13, 2001 at a rate of $6.65
per hour and authorize the Supervisor to complete and sign
the necessary forms for Erie County Personnel.
4. Supervisor Clark re March of Motion by Co nmilrrian Omnanski. seconded by Councilman

Dimes WalkMania 2001 Hicks, to grant permission for the March of Dimes
WalkMania to be held on Saturday, April 28, 2001 starting at
the West Seneca East Middic School and proceeding to the
West Seneca West Senior High School and back to the middle
school, noting that the walk starts at 9:00 A.M. and should
fmish by 3:00 P.M.
Page 54 of 85

Page four...
PROBLEMS OF THE PUBT N'
ACCESS ROAD TO INDUSTRIAL PARK (continued)
Mr. Locher responded that some hydrants in the industrial park were located on undeveloped roads.
Supervisor Clark understood that the hydrants were required to be inevatted even on the dirtread portion
of the project.
Town Engineer George Montz stated that this was a-p..-=ent of the Erie County Water Authority
in the -'--y design phase of the project. He would take a look at the hydrants in the park and
contact the water authority to see if sonnething could be done.
9.C COMMUNICATIONS
1. Town Fngir re Burchfield Motion by Councilman Oenanai. seconded by Connailman

Park Improvement Pmject, Hicks, to approve change order #3 for Visone Construction
chasige order #3 Inc., 79 Sheldon Avenue, Depow, NY 14043 in the amount of
$5120 for performing extra work on the Burchfield Park
Improvement Project, Job No. B-9908.
Ayes: (4) Connaihnan Omnandi, Conneitman Hicks,

conneitman W1oblewski, Counmilman Graber
Noes: None Abstentions; (1) Supervisor Clark
Motion Carried
I Supervisor Clark abstained from this vote because Visone

Construction Inc. was a client of an accounting firm that he
had a financial interest in.
2. Town Fagineer re Bid award Motion by Councilman Omnandi, awwvieri by Supervisor

for sewer televising truck Clark, to award the sewer televising truck contract, Job. No.
E-0111, to ELXSI d/h/a Cues, 3600 Rio Vista Avenue,
Orlando, FL 32805 at their low hunp surn contract amount of
$134,616 (including options #2, 3 & 4), and =*1wwim the
Supervisor to sign the contract documents, noting that the
options included a portable test and diagnostic unit, light
sensitivity featme and four (4) pnemnatic tires for the large
pipe tractor.
Ayes: All Noes:None Motion Carried
3. Town Engineer re Bid award Motion by Councilman Omnandi, seconded by Coimnilman

for Park Lane/Gervan Drive Hicks, to award the Park Lane/Gervan Drive Reconstruction
Rece=tractiva Project Pmject, Job No. G-9707, to NC Contracting, 3689 Califomia
Road, Orchard Park, NY 14127 at their low unit item contract
amount of $514,300 and authorize the Supervisor to sign the
I contract documents.
On the question, Co::ncil.-.an Graber questioned how Park Lane would be changed with the
reconstruction project.
Town Engineer George Montz reagunded that the section of Park Lane at Union Road would be
eliminated and the pavement would be removed up to the curve at the top of the hill. A turn around
large enough for buses to maneuver would be installed on Park Lane at Gervan Drive so vehicles would
not be able to enter Houghton College from Park Lane.
Page 55 of 85

Page two ...
16-C COMMilNICATIONS
3. Town Engineer re Bschfield Motion by Cou¡icilma Osrnanaki. seconded by Councilman

Park Improvement Project, final Wroblewski, to accept the Burchfield Park Improvement
acceptâñce Pmject, Job No. B-9908, completed by Visone Construction
Inc., 66 Sheldon Avenue, Depew, NY 14043 at a final
contract amount of $984,477.15.
Ayes: (4) Councilman Osmanaki, Councilman Wroblewski,

Councilman Graber, Councilman Hicks
Noes: None Abstentions: (1) Supervisor Clark
Motion Carried
Supervisor Clark abstained from voting on this item because

Visone Construction was a client of an accounting firm that be
bad a financial interest in.
4. Highway Supt. re Purchases Motion by Councilman Omnanaki seconded by Ce=&-

=;¡;:i-
Town Board approval Wroblewski, to authorize payment of the following vouchers
for the Highway Department·
R.B. U'Ren (rental of aerial lifi at Ice Rink) $2750L00

Hy-Grade Distributors, Inc. (janitorial supplies) $1792.37
5. Chief Gehen re Bid award for Motion by Councilman Omnanaki, seconded by Ce=:-2=m
upgrade and renient of Wroblewski, to award the upgrade and repheciscat of
computer wip=t computer equipment in the Police Department to Great Lakes
Electronics Distributing,Inc. at their low bid price of $18,450.
6. Chief Gehen re Pay rate Motion by Councilman Osmanski, seconded by Coniicilman

adjustment for Melissa Hender Wroblewski, to adjust the pay rate for part-time Senior Clerk
Melissa Hender, 126 Shawnee Place, to $9.50 per hour
effective October 23, 2001 and authorize the Supervisor to
Personnel.
7. Chief Gehen re Aa-d-- of Motion by Councilman Omnanaki, seconded by Co;:;:cil==

Detective Fiscus at Fire/Arson Wroblewski, to authorize Detective Robert Fiscus to attend
Investigation seminar courses in Fire/Arson Investigation to be held at the New
York State Academy of Fire Science, Montour Falls, NY,
November 7 -9, 2001 at a cost not to exceed $285.
Page 56 of 85

Page eleven . . .
FRESENTATION OF COE™iICATIONS BY BOARD MEMBERS ANDDEPARTMENEHEADS
BROS. (continued)
Supervisor Clark questioned if Certo Bros. would be asked to pay for the entire cost of the water line
if it was going to benefit others. He suggested that Mr. Czuprynski infoma Certo Bus. of the conditions
that were part of the restricted use permit.
GRANT APPLICATION FOR ELEVATED CANOPY WALKWAV AT BITRCHFIELD
Motion by Supervisor Clark, seconded by onuneitman Ownamki. to authorize and direct Paul T. Clark,
Supervisor of the Town of West Seneca, to file an application for funds from the New York State Office
of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the
Environmental Pmtection Act of 1993 and Title 3 of the Clean WatedClean Air Bond Act, in an amount
not to exceed 3112,230 and upon approval of said request to enter into and execute a project agreement
with the State for such financial assistance to this town for developrnent of Burchfield Park. Parks
development funds will be used to construct an elevated canopy walkway system. The proposed project
seeks to provide amenities in Burchfield Park to better serve the recreational needs of residents and to
insure safe use of the park. As per state guidelines, the Town of West Seneca agrees to provide
$113,600 in cash and in-kind goods and services, or 50 percent of the total allowable project costs of
$225,830.
On the question, Supervisor Clark stated that there would be almost no funding for this project from
general town revenues. The town had received some state funding through a Burchfield grant from
I Assenñ¾firvan Sandra Lee Whth's office that allowed the town to engage in some preliminmy design
and fact finding. In addition, there would be donated labor through AmeriCorps and the donated use
of some co±Men equipment that was offered by local constatica companies. 'Iheir goal was to
do this project without any direct financial impact to West Seneca taxpayers.
Councihnan Graber stated that as a fiscal conservative he could not support this project whenjust a few
miles down the road another m-ñicipality was hovering on bankruptcy and the general condition of the
state and county economy was not good. Regardless if it was state, federal, county, or town money,
C-a- Graber did not believe it was the appropriate time to pursue extravagant needs when so
many critical needs were not being met.
Supervisor Clark felt it was wise to pursue state grant funding when it was available, and he would
rather see West Seneca enjoy it than another municipality.
Councilman Graber stated that eventually maintenance would be required.
Supervisor Clark stated that this was a regional cr•ion that was very rare and unique. Although it
might require ongoing für.dr-isiñg or a service charge for groups, he did not believe maintananæ would
be an issue.
Councilman Graber thought that one of the reasons busiüumms did not locate in Erie County was
because government spent money frivolously. He considered this another frivolous project that would
only add further burden on the taxpayers of West Seneca. There would definitely be maintanance
involved, and also liabilities. Commeuman Graber commented that government's responsibility was to
provide basic needs to the taxpayers at a reasonable cost, and he felt that some gav=nmits had lost
sight of that. It would be a great project if West Seneca were a thriving c=.=it;, but it wasn't and
they needed to buckle down and work together to figure out ways to reduce the tax burden. Councihnan
Graber thought this was a very serious issue considering the cost of the project was $250,000 and if
every enn==ity in Westem New York spent money like this it would add up to r·." -.2"5ns of
dollars.
._ ___ . __ _ _ .. .. .. . . . . . __ . . . . __
Page 57 of 85

Page twelve...
.
PRESENTATION OF.COMMUNICATIOEB_BYBD_ARD_MRMBF.RS AND DRPARTMENT HEADS
GRANT APPLICATION FOR ELEVATED CANOPY WALKWAY AT RURCHFIEIB (cont'd.)
Supervisor Clark stated that if West Seneca did not get the grant money it would only be taken by other
towns across the state. He thought that if they could build a project with 100 percent grant f=ding as
they did with other projects, to improve the quality of life for the maidents it would help attract people
to the town and Westem New York.
Councilman Osmanaki understood Councilman Omber's point of view but agreed with Supervisor Clark
that the grant money would only end up in another town. He ccamcated on the amount of State tax
dollars that were taken fmm Westem New York and that most of the grants went to the New York City
and Albany areas rather than Western New York. Councilman Osmanski thought that West Seneca
needed to be in the competition to try and get some tax dollars back to this area.
Councilman Wrobiswski stated that from prior discussions on this grant he understood that it would
be a few months before the town found out if they were successful in obtaining the grant money. He
did not have a problem with applying for the grant money because it would only be spent elsewhere,
but he was concemed with town tax dollars being spent on this project Councilman Wroblewski was
sure that there would be continued efforts from Supervisor Clark and Councilman O-anaki for
n=*ching funds through fundmining and in-kind services. He further noted that if the town was
successful in receiving the grant, it did not mean they would do the project The project would have
to be presented to the Town Board again for approval to move forward. At that point, if the town's
match could not be matched with in-kind services and fundraising he would not support the project
because he did not want to use general fund tax dollars.
Ayes: (4) Councilman Osmanski, Councilman Wroblewski, Councilman Hicks, Supervisor Clark
Noes: (1) Councilman Graber Motion Carded
RA_TUL__AU411..LOGA
Chief Gehen offered his congistataticas to Police LL Jim Loga and noted that he spent approvimately
20 years serving the people of West Seneca. Chief Gehen looked forward to working with Lt Loga in
his new position.
HOME RULE FOR SALE OF PARK LAND TO CRTCI(RT COMMT MTC A TION
Town Attomey Tim Greenan stated that the town was working to set up an agreement with Cricket
C~m=.ications for installation of a cellular tower in Firemen's Park on East & West Road. Because
the tower would be located in a park, they needed the State's approval to alienate parkland, and Mr.
Greenan and Supervisor Clark had been c-:==ie±ing with the State Legislature for their approval.
The State Legislatme indicated that they would not approve a lease, but if the town would sell a portion
of the land just large enough for a tower to Cricket C-t-letions with a right of reverter, they would
approve it The Town Board would then have to pass a Home Rule, but this could not be done until
af ter the State Legislature met and gave their approval. Mr. Greenan advised that the State Legidatme
would be meeting tomorrow and asked that a special meeting of the Town Board be scheduled for
14*
Friday, June at 5:00 P.M. to approve the Home Rule.
UPDATE ON CLEANUP OFSENECA MALL SITE
Town Attorney Tim Greenan advised that Cc=cil:r.an Wroblewski had been pushing for the clean up
of debris and unsightly conditions at the Seneca Mall site. Vislãticas against the owner of the Seneca
Mall complex were currently pending in West Seneca Justice Court. They were in court last Friday
night and Mr. Greenan and Councilman Wrcticwski attended the proceedings. An ag::=:=t was
reached where the developer of the pmject would have a contractor come in and clean up the d=::
according to the speeM±s of Building Inspector Bill Czuprynski. The contractor was on site this
date doing the cleanup.
Page 58 of 85

West Senees, NY 14224 August 12, 2002
Page eight...
P.BDBIAMLOE THE PI LIC
DRAINAGE PROBLEM ON PEARL STREET
Maty Dugan, 207 Pearl Street, r-..-±xt on the consistent flooding problan in hisyard and presented
, pictures indicating the water that flows through his property. He understood that Buffalo Air Park's
property was pitched toward his property, but the ditch at the rear was not piped and was unable to
handle the volume of water since it had not been dug out since before he unoved there in 1995. Mr.
Dugan asked that the town tum the paper street at the rear of his property over to him and he would pay
for culvert pipe to be put in to alleviate his flooding problem.
Town Attorney Tim Greenan stated that he had talked to Mr. Dugan about this problem on a previous
occasion, and he thought the town had a certain obligation to the residents upstream to provide
continuous drainage. He asked that Town Engineer George Montz take a look at the situation to
determine the cause of the water problem.
PRESENTATION OF COMMUNICATIONS BY BOARD MEnsnEP3 AND DEPARTMENTHEADS
PURCHASE OF COMPUTER POR YOUTH BUREAU
Motion by Councihnan Hicks, seconded by Councilman numanaki, to authorize payment of 51695 to

Dualex Office Products for purchase of a computer fbr the Youth Bureau.
PAYMENT FOR TOPOGRAPHICAL WORK AT BURCHFIELD PARK
Motion by Supervisor Clark, seconded by Councilman Oa==H to authorize payment of $4850 to

Nussbaumer & Clarke for topographical work, surveying, and preparation of a draf t map in accordance
with the potential Burchfield Park suspension bridge project.
On the question, Supervisor Clark noted that Councilman OamanaN had reviewed the scope of work
and found it appropriate. Funding for this work would be from the NYS grant that included
impswcmc::ts to Burchfield Park.
Ayes: (3) Councilman OcmanaM, Co=d8=an Hicks,Supervisor Clark
Noes: (1) Councilman Graber Motion Carried
ADJOURNMENT
Motion by Supervisor Clark, seconded by Councilman O«m=H, to adjourn the meeting at 9:00 P.M.
Ayes. AH Noes: None Motion Carried
PATRICIA C. WISNIEWSIG, RMC/CMC

TOWN CLERK
Page 59 of 85
BOND RESOLUTION
7 / . 2013
A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL

OBLIGATION BONDS OF THE TOWN OF WEST SENECA, ERIE
COUNTY, NEW YORK, AND ALSO AUTHORIZING THE ISSUANCE OF
BOND ANTICIPATION NOTES IN CONTEMPLATION THEREOF, TO
FINANCE IMPROVEMENTS TO CERTAIN TOWN OWNED
RECREATIONAL FACILITIES AS HEREINAFTER DESCRIBED
WHEREAS, the TOWN OF WEST SENECA (the "Town"), in the County of Erie, by
its Town Council has datarmined it necessary for the Town to construct a restroom and
storage facility at Burchfield Park ("Burchfield Improvements"), to undertake certain
rehabilitation and mold abatement at Metz House ("Metz Improvements") and to undertake
g===æ! improvement as needed at any or all other Town recreational facilities ("General
|mprovements") in the Town (collectively the "Project"), and
WHEREAS, the estimated maximum cost of the Project is Three Hundred Thousand
Dollars ($300,000.00).
BE IT RESOLVED, by the afErmative vote of not less than two-thirds of the total
voting strength of the Town Council of the Town of West Seneca, Erie County, NewYork,
as follows:
Section 1. The Project constitutes a specific object or püipsss defined by Mon

11. (a) 19 of the New York State Local Finance Law (the "Local Finance Law").
Section 2. The P oject is hereby authorized subject to the terms and conditions of
this Resolution.
Section 3. The financing of the Project (the "specific object or purpose"), is
hereby authorized at a maximum estimated cost of $300,000.00.
Section 4. The plan for the financing of such m=vimum estimated cost is by the
issuance of general obligatica serial bonds of the Town in an aggregate principal amount
not exceeding $300,000.00 which are hereby authorized to be issued Hieæfor pursuant to
the Local Finance Law.
Section 5. It is hereby detarmiñad that the period of probable usefulness of the

aforesaid Burchfield Improvements and the General Improvamank is thirty (30) years,
pursuant to subparagraph, 11(a)(1) of Section 11.(a) of the Local Finance Law. The period
of probable usefulness of the Metz Improvements is ten (10) years pursuant to
subparagraph 12-a of Section 11. (a) of the Local Finance Law. It is hereby further
dete=nin=d that the maximum maturity of the bonds herein authorized will be in excess of
five (5) years.
causnemease teetratatBondResolsonset.doc
Page 60 of 85
Section 6. The faith and credit of the Town of West Seneca, Erie County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on
such bonds as the same respectively tur-me due and payable. An annual appropriation
shall be made in every year sufficient to pay the principal of and interest on such bonds
becoming due and payable in such year.
Section 7. Subject to the provisions of the Local Finance Law, the power to
süthorize the issuance of and to sell bond anticipation notes in anticipation of the issuance
and sale of the bonds herein authorized, including renewals of such is hereby
notes,
âüthorized as if by separate resolution and is delegated to the Town Supeivisor, the Chief
Fiscal Officer of the Town. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by the Town Supervisor, consistent
with the provisions of the Local Finance Law. To the extent required by law, this
Resolution"
Resolution shall also canstMute a "Bond Anticipation Note pursuantto the Local
Finance Law.
Section 8. All other matters except as provided herein relating to the bonds herein
authorized including the date, denominations, maturitiss and interest payment dates, within
the limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also
ability the to issue
substantial!y bonds with level
or declining annual debt service, shall be determined by the Town Supervisor, as the chief
fiscal officer of the Town. Such bonds shall contain substanda!!y the recital of validity
clause provided for in Sedion 52.00 of the Local Finance Law, and shall otherwise be in
such form and contain such recitals, in addition to those required by Section 51.00 of the
Local Fiñañce Law, as the Town Supervisor shall determine consistent with the provisions
of the Local Finance Law.
Section 9. The validity of such bonds and bond anticipation notes may be
contested only if
1) Such obligations are authorized for an object or purpose for which the Town
is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of

publication of this resoludon are not
substantially complied with, and an
action, suit or proceeding contesGng such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the

Constitution of the State of New York.
Section 10. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-2. Other than as specified in this
resolution, no monies are, or are reasoñäbly expaded to be, reserved, allocated on a long-
term basis, or otherwise set aside with respect to the permanent füñdiñg of the object or
purpose described herein.
cmeng shned Metzetat BondReagiuUon

st.doc
Page 61 of 85
Section 11. This resolution shall be publishad in full in the official newspaper of the
Town, which is hereby desigñated as the official newspaper of the Town for such püipose,
together with a notice of the Town Clerk in substantially the form provided in Section 81.00
of the Local Finance Law.
Section 12. This resolution is subject to permiss!"e referendum and shall not
become effective until either approved by the qualified voters of the Town pumüant to a
petition being filed or 30 days shall have expired without a petition being filed.
* * * * e
Menata nandn-a manart.doc

cmempswameo
Page 62 of 85

Supervisor Sheila M. Meegan called the meeting to order at 2:00 P.M. with 30 seconds of silent
prayer followed by the Piedge of Allegiance to the Flag led by Highway Supt. Matthew English.
ROLL CALL: Present - Sheila M. Meegan Supervisor

John M. Rusinski Councilman
Eugene P. Hart Councilman
Supervisor Meegan read the Fire Prevêñticñ Code instructing the public where to exit in case
of a fire or an emergency.
The meeting was dedicated to the memory of William Crehan and Dorothy Linhardt.
12-A MINUTES TO BE APPROVED
• Mcticñ by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the
May 13, 2013 work session.
• Mcticñ #2013-
by Supervisor Meegan, seccñded by Councilman Rusinski, to approve minutes
11 of May 13, 2013.
• Motion minutes the

by Supervisor Meegan, seconded by Councilman Hart, to appmve from May
22, 2013 bid Opening for the Ice Rink Floor Replacement Project.
12-B LEGiAL ITEMS
1. Proofs of publication and posting of legal ñctice: "OF THE ADOPTED RESOLUTION SUBJECT
TO PERMISSIVE REFERENDUM AUTHORIZING THE CONSTRUCTION OF AN ADDITION TO THE
TOWN POLICE HEADQUARTERS AND TO CONSTRUCT CERTAIN RENOVATIONS TO THE
EXISTING PORTION OF THE POLICE HEADQUARTERS, LOCATED AT THE TOWN HALL, 1250
$2,000,000"
UNION ROAD, WEST SENECA, NEW YORK AT A COST OF in the Town of West
Seneca, received and filed.
2. Proofs of publication and posting of legal notice: "OF THE ADOPTED RESOLUlTON SUBJECT
TO PERMISSIVE REFERENDUM AUTHORIZING U-lE CONSTRUCTION OF A RESTROOM AND
STORAGE BUILDING AT BURCHFIELD PARK AND THE UNDERTAKING OF REHABILITATION
AND MOLD ABATEMENT AT METZ HOUSE AND GENERAL IMPROVEMENTS AS NEEDED IN ANY
$300,000"
OR ALL OF THE TOWN RECREATIONAL FACILTITES AT A COST OF in the Town of
West Seneca, received and filed.
Page 63 of 85

West Seneca, NY.14224 January 9, 2017
Page five . . .
1-B COMMUNICATIONS
13. Town Board re Proposal from Müticñ by Supervisor Meegan, seconded by Councilman
Building Science Services, Hart, to adopt the proposal from Building Science Service,
LLC LLC for forensic architecture services and engineering
practices to examine the Burchfield Nature and Arts
Center structure and authorize the Supervisor to complete
and sign any necessary paperwork and the Town Attomey
to examine any and all legal remedies to recover costs.
On the question, Councilman Hart stated significant structural problems were found with the
Burchfield building. The building was subsequently closed and the staff moved.
Town Engineer Steven Tanner commented on the poor construction of the Burchfield Center
and stated an estimated cost to repair or rebuild the building will be determiñéd. He estimated
a report from the forensic audit by the next meeting.
Councilman Hanley stated Buildings and Grounds found some extensive damage and roof
supports have been brought in. The town will know more regarding the costs after the
forensic architect and Town Engineer meet.
14. Town Engineer re Deduct Motion by Supervisor Meegan, seconded by Councilman

Change order for Hilltop Hart, to authorize the Supervisor to sign all necessary
Court paperwork for a deduct change order in the amount of
$78,110.62 for the Hilltop Court project.
15. Town Attorney re Buffalo Motioñ by Supervisor Meegan, seconded by Councilman

Airfield endorsement Hanley, to adopt the attached resolution providing
resolution endorsement of projects at Buffalo Airfield.

*APPENDICES*
8. Senior Code Enforcemêñt Motion by Supervisor Meegan, seconded by Councilman

Officer re Pay increase for Hart, to change the rate of pay for Doug Busse to Group
Doug Busse 9, Step 1, effective January 9, 2017 and authorize the

Supervisor to complete and sign the necessary forms for
Erie County Personnel.
Page 64 of 85
Building Science Services, LLC

8304 Main Street
Williamsville, New York 14221
T: 716-204-9733
Kenneth W. Pearl, R.A.

Partner
E: kpearl@BuildingScienceServices.corn
Professional Biographv:
Mr. Pearl is both a founding member of Büüding Science Services, LLC and has served as President
and Principal-in-charge of Architecture Unlimited, LLC since its separate founding in 1995. His
original goal was to create a unique architecture and CM practice that could provide high quality
professional services with value-driven and innovative service delivery methods for its clients. His most
recent goal with BSS is to create a valuable source for unbiased professional expertise and training to
persons involved in building design, construction, and ownership.
His practice focus has remained existing buildings and facilities. Additions, remodels, improvements,
occupancy changes, alterations and repairs have long been a challenging project segment for both
Owners and traditional industry professianals including A/E firms, Design/Build Firms and Construction
Companies. Mr. Pearl's proven ability to effectively solve and manage the unique problems associated
with existing facilities has created a successful niche for his services, particularly in the municipal and
industrial markets.
In addition, his interest and experience in the diagnostic and forensic analysis of construction disputes,
building deterioration & failure, criminal events, substandard design & engineering, etc. have resulted in
extensive experience as an expert witness on performance failure, personal injury and property damage
claims, and also as an expert in both project and peer review on behalf of various interests including
regulatory entities, financial institutions, etc. Due to his unique technical and legal experiences, Mr.
Pearl has been invited to speak on various topics at Universities, legal associations, Code Enforcement
associations, insurance industry seminars, etc.
Mr. Pearl has taken a growing leadership role in his commitment to modernizing the Architect's value in
today's competitive design and construction markets. His innovative approach to combine the
Architect's traditional the Building Scientist's modern skill and the Builder's at-
heritage, applications,
risk perfonnance has resulted in more flexible and results-orientated service capability for clients and
their unique needs. His master builder philosophy provides a flexible single-source project delivery
service that can include Forensic Sciences, Architecture, Construction Management, Construction
Contracting, Development, Project Management, and even Education.

Depending on the unique needs
and priorities of Owners, Mr. Pearl also fonned a sister company in AUbuild, LLC that focuses on the
needs of Owners seeking At-Risk and/or more comprehensive project delivery services.
Prior to establishing BSS and AU, Mr. Pearl successfully served a variety of clients as a Project
Manager for both Buffalo and Rochester, NY-based Architectural and Engineering firms. His list of
past and current clients includes numerous Building Owners, Government Officials, Facility Managers,
Plant Engineers, General Contractors, Construction Managers, Lawyers, and fellow Architecture and
Engineering Design Professionals. Specific project experiences represent a diverse array of building
types and the services provided have included all phases of project development from pre-design to
post-construction evaluations and investigations. Mr. Pearl has successful experience serving clients as
Page 65 of 85
CV - K. Pearl
Page 2 of 3
both a primary consultant and as a member of a consulting team that includes other engineering and
construction professionals. Today, he continues to successfully serve a variety of clients and project
types throughout Western New York and other areas of New York State and Canada including
Rochester, the Finger Lakes, the Southern tier, and the Province of Ontario.
Prior to entering the fields of Architecture and Construction, Mr. Pearl served as an energy conservation
and building performance specialist with a major public utility company. During his service, he became
trained as an Energy and Auditor Specialist under the United States Department of Energy.
Mr. Pearl's roots in Building Sciences and Architecture began as the son of a self-employed remodeling
contractor. Following his university studies, he later gained experience working in various employment
including commercial construction, residential home building, school district facilities engiñecring,
municipal buildings & grounds, utilityand public consulting. His career in Architecture began with
typical experiences for a young intern and evolved into very unique expertise and values. Still, the
influence of his father to combine the science of engineering and the skill of building with the creativity
of architecture remains the fotmAtinn of both Building Science Services and the Architecture Unlimited
practice philosophy.
Professional Experience:
30 Years
Professional License:
Registered Architect: New York State Reg. No. 025221
Business Interests:
President - Architecture LLC
Unlimited,
President - LLC
AUbuild,
Vice President - Science LLC
Building Services,
Vice President - Pearl Holdings, PC
Education:
Construction Studies - Rochester Institute of Technology
Technology
Bachelor of Science, Environmental Design - State College at Buffalo
University
Center for Entrepreneurial - State at Buffalo
Leadership University
P_rafessional Affiliations (Past & Present):

American Institute of Architects
Association for Facilities Engineers
Coalition of Design Professionals
Design/Build Institute of America
National Roofing Contractors Association
National Association of Industrial and Office Properties
Niagara County Workforce Investment Board
North Tonawanda Commission - Past Member
Planning
St. Mary's R.C. Church of Swormville - Committee Co-Chair / Exec. Committee Member
Building
Page 66 of 85
CV - K. Pearl
Page 3 of 3
Awards & Recognition:

• National Marvin Windows Yellow Rose Recognition Award (2003)
• Featured Architect - Builder/Architect Magazine (As Architect 2003)
• Featured and Fire Codes Expert in nationally distributed educational video - The
Building
Rosa's Home Center Fire: Solving the Mystery of an Unnecessary Fire Death (2004)
• Featured Architect - Builder/Architect Magazine (As Builder 2006)
Speaking Engagements:
• Legal Standards for Design Professionals - SUNY College at Buffalo, Interior Design Dept.
• & Illegal Practice - SUNY College at Buffalo, Interior
Codes, Contracts, Rules-of-Thumb,
Design Dept.
• The Business of Design - SUNY College at Buffalo, Interior Design Dept.
• An Architect's Legal Perspective: Design & Construction Disputes - Western New York Trial
Lawyers Association
• An Architect's Legal Perspective: Design & Enforcement - Niagara Frontier Officials
Building
Association
• An Architect's Legal Perspective: Design & Enforcement - Finger Lakes Officials
Building
Association Education Conference
• An Architect's Legal Perspective: Design & Enforcement - Hudson Code Enforcement
Valley
Officials Education Conference
• A Manual for Project Representatives - American Institute of Architects Education
Continuing
• An Architect's Legal Perspective: Design & Enforcement - Northern Adirondack Code
Enforcement Officials Conference
• The NYS Property Maintenance Code: A Forensic Architect's Perspective - Western Southern
Tier Code Enforcement Officials Conference
• the Code - New York State Officials Conference - Rockland
Defending Building County
Chapter
• Various Education Programs as a certified American Institute of Architects
Continuing
Continuing Education provider for design professionals.
End
Page 67 of 85
Building
Science Services. LLC
8304 Main Street
Williamsville, New York14221
T. 716-204-9733
www.BuildingScienceServices.com
Appendix A - Building Science Services, LLC - Jan. 2017
GENERAL CONDITIONS FOR PROFESSIONAL SERVICES
Building Science Services will perfonn professional services in a timely manner but it is agreed between the parties to this Agreement that
Building Science Services cannot be responsible for delays occasioned by factors beyond its control, nor by factors which could not
reasonably have been foreseen at the time this Agreement was prepared and executed.
Building Science Services will prepare reports if required in accordance with generally accepted forensic architecture and engiueeag
practices and makes no other warranty, either expressed or implied, as part of this Agreement.
During the performance of services within this Agreement, the scope of Building Science Service's services and compensation thereon may
be adjusted by mutually agreed amendment to this Agreement.
Building Science Services shall not disclose or pennit the disclosure of any confidential Infemelled except to its employees and other
consultants who need such confidential information in order to properly execute assigned tasks and contract obligations.
No information relative to the SERVICES shall be released by Building Science Services for publication, advertising or for any other purpose
without prior approval of the Client.
Unless otherwise stipulated, all disputes, claims and questions monetary or otherwise, regarding rights and obligations of the CLIENT and
BUILDNG SCIENCE SERVICES under the tenns of this Agrecrnont shall be exclusively redressed in the appropriate court with jurisdiction.
Unless otherwise specified within the Agreement, this Agreement shall be governed by New York State Law.
Neither party shall hold the other responsible for damages or delays in performance caused by acts of God, strikes, lockouts, accidents or
other events beyond the control of the other or the other's employees and agents.
Progress payments shall be made in prope*ien to services performed and shall be due and payable within 30 days of submittal, without
retainage unless other tenns are specified in proposal. Overdue invoices shall bear an interest rate of 1-1/2% per month calculated from the
3151
day after submittal.
The total liability, in the aggregate of Building Science Services to CLIENT and anyone claiming by, through, or under CLIENT for any and
all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the Investigation or the Agreement
from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract,
or warranty express or implied, of Building Science Services, shall not exceed the total insurance proceeds paid on behalf of or to CLIENT
by Building Science Service's insurers in sett!cment or satisfaction of CLIENT's Claims under the terms and conditions of Building Science
Services insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustaicat, defense and appeal).
To the fullest extent permitted by law, Building Science Services shall indemnify and hold harmless CLIENT, CLIENT's officers, directors,
partners, and employees from and against any and all costs, losses and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts
or omissions of Building Science Services in the perfonnance and furnishing of services under this Agreement.
To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless Building Science Services from and against any and all
costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and
all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of CLIENT with respect to this
Agreement or the project.
To the fullest extent permitted by law, Building Science Services total liability to CLIENT and anyone claiming by, through or under CLIENT
for any cost, loss or damages caused in part by the negligence of Building Science Services and in part by the negligence of CLIENT or any
other negligent entity or individual shall not exceed the percentage share that Building Science Services negligence bears to the total
negligence of CLIENT, Building Science Services, and all other negligent entities and individuals.
To the fullest extent pennitted by law, CLIENT shall indemñify and hold harmless Building Science Services from and against all costs,
losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all
court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from a Hazardous Environmental Condition,
provided that (1) any such cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to injury or destruction of
tangible property (other than completed Work), including the loss of use resulting therefrom, and (II) nothing shall obligate CLIENT to
indemnify any individual or entity from and against the ccñseqücaces of that individüãl's or entity's own negligence or willful misconduct.
--------------------
Page 68 of 85
Appendix B - Building Science Services, LLC - Jan. 2017
PERHOURRATESCHEDULE
January 2017 through December 31, 2017
Standard Services
Partner/Principal $165.00
Forensic Architect $135.00
Forensic Engineer - Site/Civil $135.00
Forensic Engineer - Structural $135.00
Forensic Engineer - Mechanical $135.00
Forensic Engineer - Electrical $135.00
ADA Compliance Tech. $120.00
Project Manager $108.00
Cost Estimator $108.00
Construction Tech $108.00
Intern Architect/Engineer $88.00
CAD Operator / Drafter $76.00
Word Processor / Clerical $50.00
Expert Witness / Diagnostic / Forensic Evaluations
Principal / Partner $265.00
Telephone cóüüseling $66.25 per 1/4 hour
Speaking & Training Engagements
Principal / Partner $265,00

Or by separate agreement
Note - Unless secured through written agreement, the above rates are subject to change without prior
notice. Rates are fees for Building Science Services, LLC staff and are separate from costs associated with
expenses and/or rates for Sub-Consulting entities.
Page 69 of 85
Building
Science Services, LLC
8304 Main Street
T. 716-204-9733
April 28, 2017
Mr. John Fenz

Town Attorney
Town of West Seneca
1250 Union Road
Re: Review of Conditions

Charles E. Burchfield Art & Nature Center
2001 Union Road
West Seneca, NY
Mr. Fenz,
In response to reports of unusual building damage and structural deterioration at the above
referenced Burchfield Center, my office completed our initial evaluation and offer the follow
report of findings.
In summary, and with special cmphasis on the exterior walls, please be advised we have found
the building was improperly designed and constructed as it relates to the unusual building
damage currently being encountered.
More specifically, the design of the exterior walls was such that it was a certainty that the
lower sections of wall would rot and the building would start settling. As per the design, the
wood framing rests upon a wood bearing plate.
The wood bearing plates as well as the wood
structural sheathing are in contact with, and positioned below the surrounding earth and grade.
This condition has allowed general ground moisture, rain water and snow melt to come into
contact with the wood over the years since it was first constructed. This constant and ongoing
contact with water has caused the wood at the bottom of the walls in various locations to
deteriorate due to rot. The rotting of the bottom of the wood is in turn causing the differential
settlement of the stud walls.
The conditions you have seen in recent months with regards to locking hardware bursting off
double hung windows is a direct result of the differential wall settlement near particular
window locations. Unfortunately, these conditions are just the initial symptoms of what will
become worse conditions over time.
Page 70 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 2 of 16
Background Information:
A. It is my understanding that my firm was a referral from other Design Professionals to

the Town to offer assistance in this matter. It is also my understanding that all parties
that review this report may not have infonnation regarding my background and
credentials as the main author of this report. I offer the following:
1. I am NYS registered and practicing Architect. I have approximately 30 years of
industry experience. My CV is available by request if necessary.
2. I am founder and principal of a firm called Architecture Unlimited, PLLC. This

firm was founded in 1995 and continues to provide architecture and engineering
services, as well as construction management services (as-advisor). The firm's

focus was, and remains on expansion, alteration and repair of existing facilities.
Our primary market presence is in municipal, industrial, institutional, and high-end
residential work.
3. I am a founding partner in Building Science Services, LLC. This firm was formed
in 2013 to better provide forensic architecture & engineering, specialty design
evaluations, and construction testing, and expert witness services that had been a
growing and more specialized service segment within Architecture Unlimited since
its early years. The firm has had significant involvement in both the review as well
as resolution of a large m1mber and varying type of building performance failures,
building related injury or death matters, and design/construction related disputes
and litigation.
4. I am also a founding partner in a separate company called C3i Services. This firm
provides consulting and technical support to various entities involved in design,
construction and other building-performance outcomes. We also provide
credentiated education services primarily to design professionals and code
enforcement officials. C3i is a service-disabled veteran-owned small business
(SDVOSB).
B. Building History/Background:
1. The building is relatively new. It was designed and constructed as a new building
on or about 1999-2000 with occupancy reputed to be taken some time in 2001
2. The Town furnished me with original construction drawings dated June 1999. A
project manual (specification
book) was not included. The drawings show the
design and engineering was provided by an apparent joint venture of 2 separate
firms, Nussbaumer & Clarke, Inc. for cñgiñeering and Louis Design Group for
architecture.
3. I was not provided any review information on who the contractor(s) were. Based
on my review to date, it is not clear such information would have been of any value.
4. The building has approximately 5,200 square feet of usable space.
--____-------------------.__________,------------
Page 71 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 3 of 16
5. The building is a wood frame structure, very similar to basic home construction.
The walls are wood studs. The roof is a combination of wood trusses for sloped
roofs and pre-engineered woodframing for flat roofs. The floor is concrete slab.
The foundation appears to be concrete masonry (block). There is no basement
space.
6. Most building compeñents, assemblies, and systems appear to be relatively normal.

The exceptions are as follows:
a. Within the attic spaces, the building is basically equipped with 2 roof-top
HVAC packaged systems that provide the bulk of the building's heating (H) and
cooling (AC) needs. This configuration is unusual in that these units are
normally intended by design to be installed outside the building and not inside.
These units require access to outside air as part of their internal combustion
needs and building space ventilation (V) functions.
b. The roof/attic is configured with a bizarre 2-layer roof insulation system, a

levels'
system that appears to have been a failed attempt to install 2 'half of
insulation instead of the specified single level of insulation. One level is on the
truss top chords (or roof frame level) and the other level is at the truss bottom
chord (or attic floor level). In and of itself, this configuration never works
effectively in tandem even under the best of circumstances. In this case, it

doesn't work at all because the attic space itself has large intake air louvers to
provide large volumes of outside air into the attic space for the purposes of
supplying required combustion and ventilation air to the HVAC units concealed
in the attic.
7. The building has been altered since its original design and construction.
a. There are 2 areas, as reported by Town staff, where a second roof assembly was
added over existing roofs in an effort to resolve or diminish ice accumulation
hazards and related water infiltration problems.
b. A thermal-wire ice-melt system was added similarly as part of efforts to resolve

or diminish ice accumulation hazards and related water infiltration problems.
c. A plywood floor was added to the attic space trusses to improve access to the
HVAC systems in the attics and to allow for attic space storage.
C. Relevant Building Codes:
1. The codes having jurisdiction over the original design and construction back in
1999-2001 was the 1995-96 version of the 1984 NYS Uniform Fire Prevention and
Building Code.
2. The codes having jurisdiction over the current condition and review of the facility is
the current NYS Building Codes, more specifically the 2015 ICC Existing Building
Code (EBC), ICC Fire Code (FC), and NYS Property Maintenance Code (PMC).
______________________________.______________._.
Page 72 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 4 of 16
Primary Findings:
A. The building is in a state of advancing structural deterioration at its lower exterior wall
perimeters. More specifically, the bottom of the exterior wood wall plates, studs,
orientated-strand board (OSB) structural sheathing and steel fasteners are rotting from
exposure to moisture.
B. The extent of the conditions of rot cannot be fully detennined without more destructive
analysis but based on our review of thermal imaging scans taken during our
investigation, it does appear the conditions are at their worse where exposed by drywall
removals by previous Town investigations. We believe some lesser, if not same form
of deterioration is occurring as all remaining and concealed exterior wall periters.
C. The cause of the conditions of rot is an original design failure. The original 1999 plans
established the finished floor slab of the building was to be at an elevation of 625 feet.
However, the plans provide various elevations for the grade surrounding the building.
On the elevation drawings, the design required that the general grade elevation was to
be 622.5 feet except at door areas which were to be approximately the same 625 feet for
flush floor transitions with no step(s) down. Separate foundation details in the plans
required that the general grade elevation was to be 621.5 feet. And separate civil
enginccring site drawings required that the adjacent grade was to be almost the same as
floor level at about 624.5 feet. See Exhibit 01
The confusing, improperly designed, and poorly coordinated specification as to where

the ground elevations were intended to be was very likely caught during construction
activities and quickly became a significant and open problem that faced the designers
and project managers. Most likely, it was determined that the grade needed to be raised
to the approximate floor slab level primarily because the 4 various door locations were
all required to be compliant with barrier-free (handicap) codes and without steps, and
because the design had no accoñüñodations for separate handicaps ramps to account for
the changes in elevation coming out of the building. Although that remains speculation
on my part, it's clear that someone detennined that the conflict in finished grade
specifications was to be resolved by leaving the finished floor elevation at 625 feet and
then setting the exterior grade of the building perimeter at the approximate 624.5 feet
shown in the civil/site drawings and details. See Exhibit 02
However, separate details for the wood wall framing still required that the bottom of the
walls would sit directly on the concrete block foundations to be set at an elevation of
624.33 feet. This put the bottom of the wood, not at the floor slab elevation of 625 feet,
but instead at a lower elevation approximately 6-7 inches below the floor slab
elevation, and more importantly, approximately 2--3 inches below the surrounding grade
consisting of earth and landscaping materials, and approximately 8-9 inches below
grade at door entry and walkway perimeter areas. See Exhibit 03
The onlything that separates the structural wood materials from exposure to the
surrounding ground moisture and exterior

is the vinyl
siding air barrier, themselves not
materials intended or capable of functioning as moisture barriers in such a manner. In
some instances, we can see where someone must have recognized the basic problem
Page 73 of85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 5 of 16
and attempted to improve the condition adjacent to door and walkway areas by
installing a wrap of thin-gauge aluminum coil stock at the siding base. Neither the
wood studs or the wall's exterior OSB wood sheathing are pressure-preservative
treated. The wood wall's base plate may be pressure-preservative treated because it's
conditions of rot appears generally less advanced than adjacent stud and sheathing
wood, but I could not verify this. See Exhibit 04
Since that original design failure, compounded by inappropriate construction efforts,

the exterior wood wall surfaces have pretty much been exposed to periodic conditions
of moisture exposure depending on ground and weather conditions, as well as their
particular locations along the building perimeter, The result is what you are
experiencing now. Rotting wood has deteriorated in some locations to the point that
structural material disappeared as a physical element which in turn, has resulted in a
process of vertical collapse of the individual wood studs that serve as structural bearing.
In short order, the same deterioration will also have an adverse effect on the building's
ability to resist lateral loads as well. See Exhibit 05
D. The original design and construction work created a violation of the 1984 (Rev. 1996)
NYS Uniform Building Code applicable at the time, and as follows:
1. Sec. 800.3 Protection Against Deterioration - required thru its sub-referenced

Reference Standard R27-1 that wood wall structures were required to be positioned
at least 8 inches above
the surrounding exterior grade. Again, the actual installed
condition is not a positive 8 inches as required. Its actual installed condition is
negative 2-3 inches. It is noted that the same code provision defines conditions of
deterioration to include "...
among others, of freezing action
and thawing,
darapsess, corrosion, wetting and drying, and tennites and other destructive
insects". Most of these conditions of deterioration apply to the wall base condition.
2. Sec. 806.2 Exterior Materials - required that "the exterior or covering of

facing
walls... shall be resistant to the causes of deterioration... without loss of strength or
attachment which may render it unfit for use...".
3. Because these conditions were violations of the code at the time of original design
and construction, the configuration does not enjoy status as 'pre-existing non-
conforming'
under the current code, or what is more commonly referred to as
'grandfathered'.
4. In addition, the configuration and condition is also in violation of the current NYS
Property Maintenance Code.
Secondary Findings;
A. Our review also revealed that the building suffers from a variety of other design and
building performance failures as well. In no particular order, please note the following:
1. The four egress doors from the building were never properly configured in a
manner required by code to prevent them from being obstructed by the
Page 74 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 6 of 16
accumulations of snow and/or ice during an emergency event. The doors are
required to have measures in the form of a roof cover, recessed alcove
configuration, sidewalk heating, etc. that would prevent doors from properly
swinging open during such weather events. In addition, such conditions can be
fall'
claimed as other related liabilities in 'slip/trip and claims. See Exhibit 02
a. Sec. 765.5(a)(7) Means of Egress - required that "grade-story exit doors to the
exterior shall open on a level grade or landing... (and that) such grade or
landing shall not be less than four inches nor more than 7-3/4 inches below the
level of the doorsill except that the riser (step down) is not required where
means are provided to prevent the accumulation of ice and snow".
b. Sec. 1101.5 Means of Egress - required that "required exits shall be

separately
accessible (for persons with disabilities)...". This meant that having step downs
at any of the 4 egress locations in this building was not an option due to separate
handicap code requirements.
c. Sec. 1031.3 of the current NYS Fire Obstructions - requires that "a
Code,
means of egress shall be free from obstruction that would prevent its use,
including the accumulation of snow and ice".
2. The building suffers significant heat loss at the roof. In part because the insulation
levels are quite a bit less than what was required by the code at the time. And in
part because the design failed to properly design workable solutions, solutions that
appear to have been made worse by field conditions implemented by the
Contractors and/or Designers after construction started.
Some of these problems have been very visible over the years and are the cause of
the odd snowmelt patterns you see on the roof, the ongoing ice accumulation and
subsequent efforts to fight the ice build-up with snow melt wiring systems and roof
modifications. See Exhibit 06
Other problems remain concealed from general view but are causing some form of
deterioration within concealed spaces of the roof and some wall assemblies.
See Exhibit 07
Each of the problems are also causing excessive energy consumption and in turn,
high heating bills for the building. Again, these problems were caused by flawed
and improper designs and construction for the building. Notable conditions are as
follows:
a. The design intended for the insulation at sloped roof surfaces (shingled roofs)
was supposed to be an R-30. The actual insulation level provided separately at
the attic floors is an approximate and lesser R-19.
As previously referenced, the
separate attic roof/ceiling/wall insulation has no additional value because the
overall attic space is equipped with outside air intake systems. This level was
also a violation of the NYS Energy Conservation Code.
See Exhibit 08
Page 75 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 7 of 16
b. The design intended for the insulation at the flat roof areas on the front and back
of the building is confusing, but definitely improper. One part of the design
drawings required it to be an R-30, another part of the same drawings required it
to be an R-19. The actual installed levels are more confusing and worse.
There's everything from an R-11 in some places, to R-19 in others, and R-30 in
still other locations. Select areas were incomplete with gaps which in turn
allowed adjacent areas to become irrelevant by default, simply because these
gaps allow the heat loss to go around the insulation, no matter what the level
may be. See Exhibit 09
Worse, the overall insulation is installed improperly as it pertains to protection

from vapor accumulation and related deterioration. The insulation is fiberglass
with a basic craft paper facing serving as a vapor retarder. This type of
insulation restricts some, but still allows some lesser fonn of interior vapor to
pass thru to the colder exterior side of the insulation.
By both necessity and
code, this vapor needs to be exhausted by means of fresh ventilation air very
similar to a nonnal ventilated house roof. Unfortunately, this building's flat
roofs are not only improperly insulated, they are not ventilated at all. There is
evidence that the adjacent wood framing and roof deck are experiencing early
onset of moisture deterioration, as would be expected. Please note conditions
appear minimal at this time. See Exhibit 07
c. Thermal imaging revealed there are problem areas within concealed wall and
ceiling/roof areas due to missing or damaged insulation. The problems are best
described as periodic in scope and not pervasive thru out the building. But the
flaws are significant enough to be suspicious that some condition of vapor
accumulation, water infiltration and/or insulation gaps will likely need to be

addressed as part of improvements. See Exhibit 10
d. Inspections within open wall and ceiling/roof areas revealed similar problems of
heat loss due to missing, gapped or damaged insulation. Again, the problems
are best described as periodic in nature and not pervasive thru out, but notable
enough to be suspicious that some condition of improvement will be necessary.
See Exhibit 11
3. The wood trusses, pre-engineered wood joists, and paper insulation faces are illegal
in this particular
building they where are covered only by the suspended lay-in
ceiling system and panels. Various building codes have long required in building's
with public assembly functions as well as others that exposed wood and paper
facings be covered with interior finish materials with appropriate fire
classifications. Typically, that would be drywall in a building like this. The
suspended lay-in ceiling would be allowed, but only in addition to some basic form
of drywall protection above at the required surface areas. See Exhibit 12
4. The wood trusses were not designed to support a floor to be used for attic storage.
The plans specified that the trusses were required to support
only per 13 pounds
square foot and that was only for ceiling loads from below. While it's understood
the trusses were most likely designed to support more weight due to the placement
of the 2 HVAC units within the attic areas, it's highly unlikely they were also
Page 76 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 8 of 16
designed to take on the additional 50 to 100 pounds per square foot depending on
code classification for unforeseen storage intentions. Please note the original plans
only showed small access hatchs and not the pull-down stair assemblies that were
added later. SeeExhibit13
5, Because the project drawings showed the attic insulation at the roof level and not
the attic space warm-
the floor, by design be on the insulation's
is intended winter
side, and by default, to be conditioned space (meaning its heated/cooled). By stark

contrast, the same project drawings also intend for the same attic spaces to be
unconditioned (meaning no heating or cooling) and capable of fully allowing
outside air into the attic to serve the combustion and ventilation requirements of the
2 HVAC units located in the attic. During the winter, in particular, the attic spaces
simply cannot be both conditioned and unconditioned at the same time. You will
note in the attached exhibits that while the ceiling at the attic space is clearly
hhd, the same insulation barrier is penetrated by numerous outside air

mechanical intakes that not only allow, but intentionally direct cold outside air
around the barriers. See Exhibit 14
6. The design that placed the 2 HVAC units into the attics didn't seem to consider how
the units will be replaced in the future. Its notable that there is no apparent route for
removing the units, or for bringing new units in. The attic access are very small
hatches less than 24 inches wide with folding stairs rated for only very small
loading. See Exhibit14
With consideration that the units are approximately 15 years old, and with further
consideration that normal service life for such units can run approximately 20 to 25
years, it would seem likely the units will have to be replaced in a relatively near
term and the only likely route for access seems likely to be the removal of the end
walls at the respective exterior attics. It further seems that this future maintenance
problem should be included in considerations related to the current problems being
discussed here.
Corrective Actionst
A. To correct the structural deterioration of the building walls, a series of remediation

steps must be taken that includes both repairs as wells as alterations in the construction
design details. The target work areas are concealed by a variety of wall and ceiling
finishes, electrical and data components, and various equipment, trims and furnishing.
In addition, the current version of the NYS Building Code will require certain upgrades
due to the magnitude of the work and as part of the repair and alteration processes
specifically defined within the separate NYS Existing Building Code. In general, the
following actions need to be taken:
1. Reconstruct the approximate 4 ft. of bottom exterior wall perimeter in a manner that
replaces all the lower wood wall assemblies with pressure treated stud, plate and
sheathing materials, and then seals the below grade portion (approx. 12 -18 inches)
with a layer of self-adhering bituminous membrane and Cellular PVC Trim Board.
In addition, the reconstruction should include raising the bottom position of the
Page 77 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 9 of 16
extension'
wood wall by forming a 'curb of masonry or concrete foundation wall
over the existing block foundation in a manner that raises the wall's base plate to
equal the building's floor elevation. The overall reconstruction will include
jacking and shoring for both temporary support and for re-establishing level
conditions.
The wall reconstruction targets the 4-foot level so that full and complete 4 x 8 foot
pieces of new structural wall sh.eathing can be used to maintain and improve
structural stability. However, you should note that the work most likely cannot be
limited to the 4-foot level because that will create some stud wall instability. There
will most likely be some need to extend wall studs to fuller heights. Determinations
will need to be made following some more comprehensive design reviews and will
likely need to be considered and modified during reconstruction as well depending

on circumstances encountered. This basic premise will be an important part of
determining what type of contingency funding should be accounted for as part of

the project work's budgeting and will likely continue to evolve as the project work
is planned and comes more into focus.
2. To accommodate wall framing reconstruction, lower levels of electrical and low

voltage systems will need to be temporarily removed and reinstalled and/or
modified, and/or replaced.
3. Portions of walls and slab edge perimeters will need to be reinsulated.
4. Some degree of existing windows will be required to be removed and reinstalled,

and otherwise refurbished to accommodate returns to level and operable conditions.
5. Due to the aged appearance of the existing vinyl siding and subsequent difficulty in
matching the worn color, combined with the need to access window mounting
flanges for window reconstruction and adjustment, as well as other repairs and
improvements noted in this report, its best to plan on replacing all of the vinyl
siding.
6. Some level of interior finish, ceiling systems, and trim repairs and replacements
will be needed as part of efforts to access primary structural repair work.
7. The exterior doors need to be equipped with some solution to meet code
requirements to create exterior configurations that prevent the accumulation of ice
and snow. Recessing the doors will be impractical if not impossible. Adding
mechanical and/or electrical walkway melt systems at the doors will most likely be
technically difficult, impractical, expensive and uñreliable. Most likely the concept
of creating new roof covers over the subject doors will only be most practicable,
not
but will also provide opportunities for improving the adjacent roof performance
problems as well improving the building's exterior façade.
8. Replace and reconfigure the roof insulation and ventilation assemblies at both the
flat roof front and back areas, as well as the open attic spaces on the 2 wings. Both
these areas are relatively easy to access.
Page 78 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 10 of 16
In addition, smaller areas of the central cathedral ceiling area should be improved.
Although more difficult to access as these areas are concealed behind drywall,
improvement opportunities may be more readily achieved and successful working
from the roof top down as opposed to from the interior side up. Both can be
successful but will require more time and effort to create appropriate design and
engineering solutions.
These same improvements can also be modified in a manner that simultaneously

resolves the problems related to exposed fire-rated facings and exposure within the
building interior.
9. Remove existing suspended ceilings to access exposed paper and wood facings to
be covered with some form of thermal barrier, most likely drywall, as required by
code. A new suspended ceiling systems shall be re-installed or the ceiling may be
converted to finished drywall as opportunities present themselves.
10. Eliminate the floor storage capabilities within the 2 attic spaces. The alterations
should at the most be limited to proving safe access to and around the 2 HVAC
units within.
B. In addition, I am recommending the following actions items also be taken:
1. Consider replacing the 2 attic space HVAC systems now as part of other
improvement work. It would be a shame to have to implement significant exterior
wall and roofing improvements in the near term only to find in a few short years
you need to do it again to get access into the attic spaces for HVAC system
removals and replacements.
It should also be noted that the improvements described above related to new
insulation levels will cause
the building to be more energy efficient. This in turn is
going to result in the HVAC units being oversized and inefficient for the improved
building spaces they serve. Determining how to implement a change to smaller

more efficient systems will be much easier and more cost effective as part of the
current work than it will be as part of a separate effort in later years.
Cost Opinions:
Predicting how much time, effort and work will be involved in the repair and/or reconstruction
of the building is difficult at this early stage of review. The single biggest reason is that the
purpose of this study is to determine what's going wrong with the building and then in turn to
offer a prediction for corrective measures that is being made without the benefit of full
planning, design and engineering having yet occurred.
To that end, our approach is to predict the methods for corrective action that are most likely to
be successful, and to do so without benefit of more comprehensive planning, design and
engineering work. Based on our experience, these methods tend to be the ones that do in fact
work out as the best options. However, they do on occasion increase in magnitude due to
unforeseen circumstances and do also on occasion, decrease in magnitude due to benefit of
unforeseen opportunities.
Page 79 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 11 of 16
In addition, predicting the costs associated with time, effort and work is also difficult at this
early stage of review. This is in part a reflection of the preliminary nature of the review
previously described, but it's also a reflection that costs are often being predicted sometimes a
year or more before they will be incurred for the most part.
Stated another it's

very important
way, we advise the users of this report that terms used for
'Budgets'
cost opinions have very distinct meanings when presented by this office. have a
different meaning than 'Estimates', which in turn have a different meaning than 'Bids'. For
example:
1. Budgets - This is a form of cost prediction which relies on the lowest level of
information available. No form of real design, engineering or planning has occurred.
'blueprints'
There are no to get bids from. Its typically not clear what specific year the
work will occur and its less certain what type of market conditions, competitions, or
other related may be in effect in the future.
concerns Budgets tend to be more of an
guess'
'expert's best assessment and based on studied review, trends and past
experiences.
2. Estimates - This form of cost prediction starts to work with a more defined scope of
work, and in turn, with more cost certainty. The project work is typically not fully
developed but some time related to research, design, engineering, market analysis, etc.
has had a much more fuller opportunity to develop. Input from different design
conmitants such as structural, electrical, architectural
mechanical, consultants, etc. has
been initiated. A schedule,input, bid and contract
Owner's condition analysis, and
'blueprints'
more importantly, some level of design, preliminary and specification
development has also occurred. Estimates tend to be a more refined 'expert's best
guess'
based on more advanced development of actual design work and known project
conditions.
3. Bids - This form of cost prediction is more definitive because it comes in the form of a
very specifically defined contract scope. The cost analysis changes from an expert's
guess as to what other separate parties will charge for their time, effort, work and risk
assessments to an actual commitment from those separate parties. To get to a bid
commitment, the Owner must finalize some form of project scoping document in
advance, most typically in the form of detailed designs, scope of work descriptions, bid
and construction contract requirements, project specifications, scheduling requirements,
etc.
'budget'
For our purposes today, this report is presenting a very preliminary assessment. Our
assessment is as follows:
Page 80 of85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 12 of 16
A. Structural Repairs:
1. Demolitions:
a. Vinyl siding/soffits/trims
b. Partial exterior wall sheathing
c. Partial wall insulation
d. Partial roof/attic insulation
e. Partial wood stud/plates/blocking
f. Partial interior suspended ceilings
g. Partial electrical disconnects/removals
h. Dumpsters, waste. haulinsz. removals
$35,800
2. New Work:
a. Temporary protections
b. Temporary sharing/bracing - staged
'curb'
c. New concrete foundation
d. New foundation elements for door covers
e. New perimeter slab insulation
f. New wall P.T. stud framing / general carpentry
g. New wall P.T. blocking/plates
b. New exterior P.T. structural wall sheathing
i. New door cover frame assemblies
j. Revised/reinstalled electrical at walls
k. Revised data/low-voltage systems at walls
1. Window refurbish/repair/reinstalls
m. New cellular PVC trim board/watershed protection
n. New bituminous wall covering protections
o. New wall insulation at exterior walls
p. Spot repair of wall insulation at select areas per thermal imaging
q. New insulated vinyl siding/trim/accessories
r. New interior drywall at exterior walls
s. New window/door millwork/trim
t. New interior paint
u. New suspended ceiling systems
v. New fire-rated ceiling facings
w. Finished electric fixtures and reinstalls
x. Finished floor protections/repairs/replacement/cleaning
$345 700
B. Roof repairs:
1. Demolitions:
a. Attic insulation removals
b. Attic floor sheathing removals
c. Roof shingle and ice-melt system removals
d. Plywood roof deck removals at center vault assembly
e. Removal of concealed roof/ceiling insulation at center vault assembly
f. Disassemble previous Town Roof Frame Repair work
g. Dumpsters, waste, hauling. removals
$21,000
2. New work:
a. Attic space ventilation modifications (Natural)
b. Attic space ventilation modifications (HVAC Mechanical)
c. New attic insulation at truss bottom chords
d. New roof/ceiling insulation at center truss top chords
e. New roof/ceiling insulation at flat roof joist assemblies
f. Attic space access hatch safety and insulation modifications
g. New attic space floor / HV AC-access route modifications
h. New plywood roof deck at center vault assembly
i. New insulation at center vault assembly
j. Modifications/reconstruction at dormer assemblies
k. New asphalt shingles at sloped roofs
1. New roof edge metal work/trims
m. New gutters and downspouts
$I06,100
____________________________,_____
Page 81 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 13 of 16
C. HVAC Change Recommendation:
1. Demolitions:
a. Dis-assemble/remove existing HVAC packaged units from attic spaces
b. Dis-assemble existing combuction air & ventilation mechanical systems
c. Dis-assemble and remove wood frame end walls and related siding fbr access
d. Dumpsters, waste, hauline, removals
$20,600
2. New work:
a. 4-6 new smaller HVAC units/condensers
b. 2-3 new make-up-air units
c. Revise/reconstruct toilet room exhaust systems
d. Revise/reconstruct duct work systems
e. Reconstruct/refurbish various electrical/mechanical mods
f. Reconstruct/revise wood frame end wall construction
g. New end wall exterior siding
$156,000
D. Cost Opinion Totals:
1. Structural Repairs $381,500

2. Roof Repairs $127,100
3. HVAC Change Recommend $176,600
Sub-total $685,200
Design-phase contingency (10%) $ 68,520
Sub-total $753,720
Construction Phase Contingency (15%)$113,058
Sub-total $866,778
Professional Fees (9%) . $ 78,010
Sub-total $944,788
Project Expenses (5%) .._ $ 47,239
Total Alteralion and Repair: $ 992,027
Page 82 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 14 of 16
E. Cost Opinion for separate option - Replace Building with code required mudLuisuns:
1. Scope
Buildine Demolition . .. .......................
$45,000
Site work - limited ........ .. .......

$120,000
Foundation work - limited

$32,000
Carpentry
Roofing
Siding
Windows/Doors
Finishes
Mechanical/ElectricaUPlumbing
Tel/IT/Data/Com
Millwork
Temp Storage / Replacement of FF&E
Etc.
$1,144,000
Sub-total $1,341,000
Design-phase contingency (5%) $ 67,050
Construction-ohase coiithiacuov (10%) $ 140,805
Professional Fees (9%) $ 139,397
Project Expenses (5%) $ 84,412
Notes:
L This cost opinion assumes the Davis-Bacon and other related NYS Acts regarding prevailing wage and fringe
benefits will apply to the work.
2. This cost opinion assumes the Wicks Law and other NYS laws regarding the use of multiple prime contractors will
apply to the work.
3. Due to the relatively new nature of the existing constntction and it having had occurred after the implementation of
various NYS and Federal laws restricting their use, this cost opinion assumes there is no need to account for the
presence, testing, and/or removal of hazardous materials.
Page 83 of 85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 15 of 16
Observations / Recommendations:
1. The problems we found in this building related to structure will not improve on their
own without intervention, nor in our opinion will they remain stagnant. With a further
undentanding the problems are inherent to an improperly designed and engineered
building, our review shows it is highly unlikely that even a more aggressive and
knowledgeable preventative maintenance program will be successful in stopping the
ongoing deterioration and subsequent onset of structural damage the building is already
starting to experience.
2. The problems we found in this building related to heat loss and related building
envelope energy conservation efficiencies will also not improve without intervention.
While the Town may have had some successes in alleviated past problems related to ice
accumulation, our review shows the improvements were not enough to overcome
significant problems inherent to an improperly designed and engineered building
envelope, primarily at the roof assemblies, and that there is evidence that concealed
conditions of deterioration remain.
3. The problems we found related to health and safety standards at emergency egress
doors do not contribute to building deterioration as previously discussed, but they do
represent potential liabilities to the Town.
4. The problems we found related to the design, configuration and inaccessible nature of
the 2 primary HVAC units are not conditions of specific building deterioration or
potential liability as previously referenced. However, it does represent a pending
maintenance and improvement challenge as well as a separate contributor of problems
related to energy efficiency and systems performance. As such, we advise the
improvement of the condition be considered as part of any other improvements being
discussed within this report.
5. Based on our review, and despite clear and professional

efforts to properly maintain the
building, it is our professional opinion

building should thisbe considered a poorly
designed, engineered and constructed building. The finding typically results in a
building that does not provide as long of an effective service life as the building should
have been reasonably expected to enjoy. It also typically results in a building that
consumes more excessive effort and resources to maintain over time.
6. Based on our review, we have determined it would be more cost effective to alter and
repair the existing building than to demolish and reconstruct it.
7. And fmally, the cost opinions provided in this report are based on a traditional
Design/Bid/Build approach to phnning, procurement, and construction typical for the
Western New York market. Please be advised there are other approaches to consider
that are both allowed under NYS public procurement rules and which will likely be
more effective in reducing costs for the work.
Page 84 of85
Mr. John Fenz

Town of West Seneca
April 28, 2017
Page 16 of 16
Closing:
Thank youfor the opportunity to be of assistance in this matter. Please contact me if you have
any questions or require more information.
Respectfully Submitted,
Building Science Services, LLC

NYS Architect Registration No. 025221
Attachments: Exhibits 01 thru 14
Page 85 of85
"4"
Exhibit
ERIE COUNTY CLERKS OFFICE

County Clerk's Recording Page
Index DEED LIBER

Return To:
Book 10927 Page 5371
BOX 238
No. Pages 0004
Instrument DEED-EXEMPT
Date : 2/13/1998
Time : 10:35:10
Control # 199802130254
KASPRZYK
SHIRLEY
TOWN OF WEST SENECA TT# TT 1997 013914
Employee ID EMS
MORTGAGE TAX
COUNTY $ 27.00
STATE $ 25.00
COE $ 5 . 00 Basic $ .00
$ .00
$ .00 Special $ .00
$ .00
$ .00 Special Addl $ .00
$ .00
$ .00 Total $ .00
Total: $ 32.00
STATE OF NEW YORK TRANSFER TAX

ERIE COUNTY CLERKS OFFICE
WARNING - THIS
SHEET CONSTITUTES THE CLERKS CONSIDERATN 70,000.00
$
ENDORSEMENT, REQUIRED BY SECTION 316-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE Transfer Tax $ .00
STATE OF NEW YORK. DO NOT DETACH
DAVID J SWARTS
COUNTY CLERK
D109275371
DEED - with lien covenant

Warranty (Individual)
This Indenture, mode the

¿ day of February, 1998.
Between SHIRLEY KASPRZYK, individually and as surviving spouse
of Anthony J. Kasprzyk, residing at 5610 Williams Drive,

Fort Meyers Beach, Florida
party of the first part, and
TOWN OF WEST SENECA. a municipality, with offices located
at 1250 Union road, West Seneca, New York
party of the second part,
itnesset , that the party of the first part, in consideration of One and More
--------------- ----- Dollars ($L 00 & More )
lawful money of the United States,
paid by the party of the second part, does hereby grant and release unto the part of the
second part, Its successors and assigns forever,
"A"
SEE ATTACHED SCHEDULE
Together with the appurtenances and all the estate and rights of the party of the first part
in and to said premises.
TO bave and to okk the premises herein granted unto the part y of the second
part, its successors and assigns forever.
An the part y of the first part covenants as follows:
First , that the party of the second part shall quietly enjoy the said premises;
Second, that said party of the first part will foreverWkRRANT the title to said
premises;
r , that this conveyance is made subject to the trust fund provisions of section thirteen of
the lien law.
n itness WbereoÎ y the party of the first part has hereunto set her hand(s) and
seal(s) the day and year first above written.
In Presence of . . adeo- #em

SHIRLEY KASERZYÊ
STATE OF FLORIDA )
COUNTY OF 2% ) ss:
On this b day of FEBRUARY, 1998 before me, the subscriber, personally

appeared SHIRLEY KASPRZYK , to me known, and known to me to be the same person(s)
described in and who executed the within Instrument, and he (she) (they) acknowledged to me
that he (she) (they) executed the same.
/ NOTARY P BLIC
ROBERTAJ. CONSTANTINOPLE
m sSON C 6
STATE OF NEW YORK) M
COUNTY OF ERIE ) ss:
On this day of before me, the subscriber, personally appeared
, to me known, and known to me to be the same person(s) described in

and who executed the within Instrument, and he (she) (they) acknowledged to me that he (she)
(they) executed the same.
NOTARY PUBLIC
Box #
Warranty Deed with lien covenant (Individual)

"A"
SCHEDULE
"A"
Parcel
All tllat traC£ 0F Ilarcel of land, situate in the Town of West Seneca, County of Erie and State of New
York, being part of the German Purchase of Five thousand Acres, which tract was re-surveyed and subdivided into
smaller lots and a map thereof made and filed in the Erie County Clerk's Office under Cover No. 102, known as the
Map of the Village of Middle Ebenezer, on which map and survey the premises hereindescribed are known and
designated as Lots Nos 94 and 95, containing fifteen and thirty-nine hundredths (15.39) acres, be the same more or
less,
Excepting and reserving however, Cemetery Lot located on Lot No. 94, containing two hüñdred thirty-two
thousandths (.232) of an acre of land,
Also excepting and reserving a perpetual right of way from the Union Road easterly to said Cemetery ten
(10) feet wide as the same is laid down and designated on a Map or Plan annexed to a deed dated April 20, 1864,
which deed was recorded in the Erie County Clerk's Office in Liber 279 of Deeds page 418 on the 4th day of March,
1869,
Also excepting and reserving a perpetual right of way to and from said Union Road along said road or alley
leading toward said Cemetery; and thence southerly and easterly up and along the Mill Race within a distance of
twenty-five (25) feet northerly from the north bank of the Mill Race to the mill dam located between Lots Nos 94
and 300; thence northerly within twenty-five (25) feet from the west bank of the Seneca or Big Buffalo Creek to the
gravel bed and the right to take gravel therefrom for repairing the mill dam,
Also empting and reserving the right fo ever to maintain and repair at their present height the two mill
dams across Seneca or Big Buffalo Creek. Also the right to maintain the Mill Races on the south side of Lot No. 94
and the north and south sides of Lot No. 95 at their present location and to keep them in order with the right to
deposit the earth out of the Mill Races upon the bank of said Mill Race. Also the right to maintain, repair and re-
build the folld gate across the Mill Races on the south line of Lot No. 94 without claim for damages for overflowing
said above described lands,
Also execpting and reserving that part of Lot No. 94 on which there is now located a fire house known as
the Union Fire Company House,
And also excepting and reserving the premises in a deed, Katherin Roth to County of Erie dated April 23,
1929 and recorded in the Erie County Clerk's Office in Liber 2042 of Deeds at page 64 April 23, 1929.
"B"
Parcel
All that tract or parcel of land situate in the Town of West Seneca, County of Erie and State of New York
and as shown on a Map of the Village of Middle Ebenezer filed in Erie County Clerk's Office under Cover No. 102,
is known and distinguished as that part of the Mill Race extedipg and distinguished as that part of the Mill Race
extending easterly from the east line of Union Road as said Mill Race traverses through Lot No. 94 and encarapasses
Lot No. 95, as shown on said Map of the Village of Middle Ebenezer
Excepting and eserving premises appropriated by the State of New York by Notice of Appropriation
recorded in Liber 9005 of Deeds at page 443, Liber of Deeds at page (Map 254, Parcels 247 and
273), and Liber 9005 of Deeds at page 451.
S:\WPWIN60\CLIENTS\KASPRZYK.SHI\REALEST.001\INDIVIDU.DEE
"5"
Exhibit
FILED:: ERIE
IFILED ERIE COUNTY
COUNTY CLERK
CLERK 07/24/2020
10/26/2017 09:16
10: 4 6 AM INDEX
INDEX NO.
NO. 807781/2020
815187/2017
AM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 6
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/24/2020
10/26/2017
STATE OF NEW YORK

SUPREME COURT COUNTY OF ERIE
In the Matter of the Claims of
THE TOWN OF WEST SENECA, NEW YORK,
-against- VERIFIED NOTICE

OF CLAIM PURSUANT
TO CPLR 214-d
Louis Design Solutions Architecture, LLC,
(f/k/a Louis Design Group)
TO: Louis Design Solutions Architecture, LLC

443 Delaware Ave,
Buffalo, New York 14202
Seneca"
PLEASE TAKE NOTICE that the Town of West Seneca, New York ("West or
"Claimant"), has claims and hereby gives notice of its claims against Louis Design Solutions
Architecture, LLC, f/k/a Louis Design Group ("Louis Design") for damages sustained in
connection with Louis Design's perforrñance of professional architectural services for the
construction of the Charles E. Burchfield Art & Nature Center located at 2001 Union Road in the
Town of West Seneca, County of Erie, State of New York (the "Art & Nature Center"). In
support of its claims, West Seneca states, as follows:
1. The name and post office address of the Claimant is Town of West Seneca, New
York, 1250 Union Road, Suite 2, West Seneca, New York 14224. The name and post office
address of Clairñant's attorney is John J. Fenz, Esq., Town Attorney, Town of West Seneca, New
York, 1250 Union Road, West Seneca, New York 14224.
2. Upon information and belief, Louis Design, at all relevant times, was and is an
architectural firm licensed in the State of New York.
1 of 3
FILED:: ERIE
[FILED ERIE COUNTY
COUNTY CLERK
CLERK 07/24/2020
10726/2017 09:16
10: 4 6 AM
AMl
INDEX
INDEX NO.
NO. 807781/2020
815187/2017
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 6
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/24/2020
10/26/2017
3. West Seneca's claims are for damages and harm suffered as a result of latent
defects proximately caused by Louis Design's negligence in providing professional design
services for construction of the Art & Nature Center including, but not limited to, its failure to
design the Art & Nature Center to withstand site conditions, including inadequate design of the
exterior walls, inadequate design of the floor slab, inadequate design of the grade surrounding
the Art & Nature Center, inadequate design of the ground elevation, inadequate design of the Art
& Nature Center's four egress doors, and inadequate investigation of the real property. The
referenced professional architectural services were performed by Louis Design more than 10
years prior to the date of these claims.
4. As a result of Louis Design's negligence in the performance of its professional
design services, significant property damage has occurred and continues to occur to the Art &
Nature Center. The errors or omissions and other negligence have additionally exposed
members of the public to risk of bodily injury as the public facility structure continues to fail.
5. West Seneca has been damaged in an amount which has yet to be fully
ascertained, but which is believed to exceed $1,772,664.00. West Seneca's damages continue to
accrue.
WHEREFORE, Claimañt West Seneca hereby gives notice to Louis Design pursuant to
NY CPLR 214-d of its claims in an amount which exceeds $1,772,664.00.
Dated: September 30, 2017

West Seneca, New York
J . Fenz, Esq.
torney For Claimant

own of West Seneca, New York
1250 Union Road
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VERIFICATION
STATE OF NEW YORK )
COUNTY OF ERIE ) SS:
John J. Fenz, Esq., being duly sworn, deposes and says that he/she is an individual who
currently resides in the Town of West Seneca, County of Erie, State of New York; that he is the
Town Attorney of the Town of West Seneca, New York, that he/she has read the forgoing
Verified Notice of Claim and knows its contents thereof; that the same is true to his own
knowledge, except as to the matters therein stated to be alleged upon information and belief and
that as to those matters, he believes them to be true.
Sworn to before me this

30 ay of September 5017.
NotaryPublic
Al.lNA N. IRWIN
MDlary Public, State of New York
Qualified in Erie Count
)lAy Commission Fm
3 of 3
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STATE OF NEW YORK


OF CLAIM PURSUANT
TO CPLR 214-d
TO: Louis Design Solutions Architecture, LLC

443 Delaware Ave,
Seneca"
"Claimant"), has claims and hereby gives notice of its claims against Louis Design Solutions
Architecture, LLC, f/k/a Louis Design Group ("Louis Design") for damages sustained in
connection with Louis Design's perforrñance of professional architectural services for the
address of Clairñant's attorney is John J. Fenz, Esq., Town Attorney, Town of West Seneca, New
2. Upon information and belief, Louis Design, at all relevant times, was and is an
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defects proximately caused by Louis Design's negligence in providing professional design
services for construction of the Art & Nature Center including, but not limited to, its failure to
design the Art & Nature Center to withstand site conditions, including inadequate design of the
exterior walls, inadequate design of the floor slab, inadequate design of the grade surrounding
the Art & Nature Center, inadequate design of the ground elevation, inadequate design of the Art
& Nature Center's four egress doors, and inadequate investigation of the real property. The
referenced professional architectural services were performed by Louis Design more than 10
years prior to the date of these claims.
4. As a result of Louis Design's negligence in the performance of its professional
design services, significant property damage has occurred and continues to occur to the Art &
Nature Center. The errors or omissions and other negligence have additionally exposed
members of the public to risk of bodily injury as the public facility structure continues to fail.
accrue.
WHEREFORE, Claimañt West Seneca hereby gives notice to Louis Design pursuant to
NY CPLR 214-d of its claims in an amount which exceeds $1,772,664.00.
Dated: September 30, 2017

J . Fenz, Esq.
torney For Claimant

own of West Seneca, New York
1250 Union Road
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VERIFICATION
STATE OF NEW YORK )
currently resides in the Town of West Seneca, County of Erie, State of New York; that he is the
Town Attorney of the Town of West Seneca, New York, that he/she has read the forgoing
Verified Notice of Claim and knows its contents thereof; that the same is true to his own
that as to those matters, he believes them to be true.

30 ay of September 5017.
NotaryPublic
Al.lNA N. IRWIN
MDlary Public, State of New York
Qualified in Erie Count
)lAy Commission Fm
3 of 3
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STATE OF NEW YORK


OF CLAIM PURSUANT
TO CPLR 214-d
Kideney Architects, P.C.,

(f/k/a/ Kideney Architects, Laping Jaeger Associates, P.C.)
TO: Kideney Architects, P.C.

(f/k/a Kideney Architects, Laping Jaeger Associates, P.C.)
143 Genesee Street
Seneca"
"Claimant"), has claims and hereby gives notice of its claims against Kideney Architects, P.C.
(f/k/a Kideney Architects, Laping Jaeger Associates, P.C.) ("Kideney") for damages sustained in
connection with Kideney's performance of professional landscape architectural services for the
address of Claimant's attorney is John J. Fenz, Esq., Town Attorney, Town of West Seneca, New
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2. Upon information and belief, Kideney, at all relevant times, was and is an
defects proximately caused by Kideney's negligence in providing professional design services
for construction of the Art & Nature Center including, but not limited to, its failure to design the
Art & Nature Center to withstand site conditions, including inadequate design of the floor slab,
inadequate design of the grade surrounding the Art & Nature Center, inadequate design of the
ground elevation, and inadequate investigation of the real property. The referenced professional
architectural services were performed by Kideney more than 10 years prior to the date of these
claims.
4. As a result of Kideney's negligence in the performance of its professional design
services, significant property damage has occurred and continues to occur to the Art & Nature
Center. The errors or omissions and other negligence have additionally exposed members of the
public to risk of bodily injury as the public facility structure continues to fail.
accrue.
WHEREFORE, Claimant West Seneca hereby gives notice to Kideney pursuant to NY
CPLR 214-d of its claims in an amount which exceeds $1,772,664.00.
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Dated: Novembert..S, 2017

Jo J. Fenz, Esq.
A orney For Claimant

Town of West Seneca, New York
1250 Union Road
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VERIFICATION
STATE OF NEW YORK )
)
currently resides in the Town of West Seneca, County of Erie, State of New York; that he/she is
the Town Attorney of the Town of West Seneca, New York, that he/she has read the forgoing
Verified Notice of Claim and knows its contents thereof; that the same is true to his/her own
that as to those matters, he/she believes them to be true.
S rn to before me this
ay of November, 2017.
Notary Public
At.fNAN.lRWIN
State of New York
Metsy Public,
Qualified In Erie Cou
WlyCommission E ires
4 of 4
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STATE OF NEW YORK

Plaintiff
-against- VERIFIED COMPLAINT

Index No. 815187/2017

Defendant
Plaintiff The Town of West Seneca ("West Seneca"), through its attorneys
Ernstrom & Dreste, LLP, for its Verified Complaint against Louis Design Solutions
Architecture, LLC (f/k/a Louis Design Group) ("Louis Design"), alleges as follows:
PARTIES
1. Plaintiff West Seneca is a municipal corporation organized and existing
under the laws of the State of New York with its principal place of business located at
1250 Union Road, West Seneca, New York 14224.
2. Upon information and belief, Defendant Louis Design is a domestic limited
ERNSTROM liability ccrññññy Organized and existing under the laws of the State of New York with a
&DRySTE
principal place of business located at 443 Delaware Avenue, Buffalo, New York 14202.
925 CUNTON SQUARE
ROCHESTER,NY 14604
3. At all times relevant herein, Louis Design was engaged in, among other
things, the business of providing professional architectural services.
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PROJECT BACKGROUND
4. This lawsuit relates to the design and construction of a building and
surrounding park in the Town of West Seneca, New York, commonly known as the
Charles E. Burchfield Nature & Art Center, which is located at 2001 Union Road, West
Seneca, New York 14224 (the "Burchfield Center") and latent defects that were directly
and proximately caused by Louis Design's negligence in performing its professional
architectural services.
5. The Burchfield Center is a municipal building that consists of a building
that has approximately 5,200 square feet of usable space and a surrounding park.
6. In or about January 20, 1998, Nussbaumer & Clarke, Inc. ("NCI") issued a
proposal to West Seneca for professional engineering services at the Burchfield Center.
Attached hereto as Exhibit A is a copy of the January 20, 1998 proposal.
7. The January 20, 1998 proposal indicates that Louis Design would work as a
sub-consultant to NCI on the Project.
8. Upon information and belief, in or about November 1998, NCI and Louis
Design prepared a first set of construction drawings, including a site plan that West Seneca
intended to rely on and use in the construction of the Burchfield Center.
9. In or about May 25, 1999, NCI informed West Seneca of a supplemental
ERNSTROM
&DRESTE proposal to change the structure of the Burchfield Center building from modular
925 CLINTON SQUARE Construction to a custom build, indicated that Louis Design would proceed with
ROCHESTER,NY 14604
architectural work on the Burchfield Center, indicated that NCI would provide structural
plans, elevations, sections, and details of the foundation and framing for the Burchfield
Center, and stated that 25 sets of plans and specifications will be provided to West Seneca
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to use for bidding the construction of the Burchfield Center. A copy of NCI's May 25,
1999 supplemental proposal is attached hereto as Exhibit B.
10. Thereafter, upon information and belief, Louis Design proceeded to design
the Burchfield Center in accordance with the West Seneca's goals, objectives, and
expectations and otherwise for the benefit of West Seneca.
11. West Seneca then received sets of construction drawings for the Burchfield
Center dated June 1999. Attached hereto as Exhibit C are copies of the sets of June 1999
construction drawings.
12. West Seneca relied on the advice, recommendations, and drawings of Louis
Design before bidding out the construction of the Burchfield Center.
13. In or about July 1999, construction of the Burchfield Center began.
14. In or about March 11, 2002, West Seneca certified that the Burchfield
Center building was complete.
BURCHFIELD CENTER EXPERIENCES PROPERTY DAMAGE
15. In or about January 2017, representatives of West Seneca first noticed
unusual building damage and structural deterioration at the Burchfield Center.
16. As presently ascertained, the Burchfield Center has suffered significant
property damage, including, but not limited to, locking hardware that bursts off double
ERNSTROM
&DRySTE hung windows, a significant amount of differential wall settlement near window locations,
925 CLINTON SQUARE Wood rot at the bottom of the walls of the Burchfield Center, and differential settlement of
ROCHESTER,NY 14604
the stud walls.
17. West Seneca anticipates that it will continue to discover additional property
damage to the Burchfield Center.
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18. West Seneca, through Building Science Services, LLC, investigated the
cause of the property damage to the Burchfield Center and determined that the Burchfield
Center's latent defects were caused by an improper design of the Burchfield Center.
Attached hereto as Exhibit D is a copy of Building Science Services, LLC's April 28,
2017 Review of Conditions and Report of Findings.
19. As presently ascertained, West Seneca determined, among other things, that
the original design of the Burchfield Center contained improper and poorly coordinated
specifications as to where the ground elevations were intended to be, and such improperly
designed specifications led to wood wall framing sitting approximately 6-7 inches below
the Burchfield Center's floors lap elevation, 2-3 inches below the surrounding earth grade,
and 8-9 below grade at door entry and walkway perimeter areas.
20. As presently ascertained, this improper design caused exterior wood wall
surfaces to be exposed to continuous and extended conditions of moisture exposure and led
to the damage that the Burchfield Center experienced.
21. As a result of the improper design of the Burchfield Center by Louis
Design, West Seneca has suffered direct and consequential damages in a sum which shall
be determined by the Court, but which is believed to exceed $1,772,664.00.
22. West Seneca duly provided notice to Louis Design of its claims pursuant to
ERNSTROM
&D115sr2 CPLR 214-d upon discovery of the property damage. Attached hereto as Exhibit E is a
true and complete of West Seneca's Verified Notice of Claim Pursuant to CPLR 214-
925 CLINTON SQUARE copy
ROCHESTER,NY 14604
d against Louis Design along with the affidavit of service.
23. West Seneca has fully complied with the requirements contained in CPLR
214-d prior to bringing this lawsuit.
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AS AND FOR A FIRST CAUSE OF ACTION
(Malpractice and Negligence against Louis Design)
"1" "23"
24. West Seneca repeats and realleges paragraphs through above as if
fully set forth herein.
25. Upon information and belief, Louis Design was retained by NCI to help
design the Burchfield Center for the benefit of West Seneca and to provide all those
professional architectural services necessary to construct and complete the Burchfield
Center.
26. Louis Design possessed special knowledge and skills as it related to the
professional architectural services it provided West Seneca for the design of the Burchfield
Center.
27. Louis Design knew that its professional design services were for the benefit
of the Plaintiff.
28. Louis Design knew that its professional skills, its development of the
Burchfield Center, and its final design documents including drawings, plans, and
recomm udations, would be used and relied upon by the Plaintiff for the construction of
the Burchfield Center.
29. By preparing the design of the Burchfield Center, Louis Design impliedly
ERNSTROM
&DRESTE represented to Plaintiff it had the reasonable degree of skill usually possessed by a
925 CLINTON SQUARE prOfeSSional architect, that it was familiar with the construction materials and practices in
ROCHESTER,NY 14604
ordinary use in the construction of the Burchfield Center, and that it was familiar with the
various building code provisions governing construction of the Burchfield Center.
30. In providing its professional design services in connection with the
construction of the Burchfield Center, Louis Design owed the Plaintiff a duty to use that
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degree of skill and learning normally possessed and used by a professional architect in
good standing in a similar practice and under like circumstances.
31. Louis Design breached its duty to Plaintiff by failing to properly design the
Burchfield Center.
32. As a direct and proximate result of Louis Design's breach of its duty to use
that degree of skill and learning normally possessed and used by a professional architect in
good standing in a similar practice and under like circumstances, in delivering its
professional architectural services, the Plaintiff has suffered direct property damages to the
Burchfield Center in a sum which shall bedetermined by the Court, but which is believed
to exceed $1,772,664.00.
WHEREFORE, Plaintiff The Town of West Seneca, New York respectfully
requests judgment against Defendant Louis Design Solutions Architecture, LLC (f/k/a
Louis Design Group) as follows:
a. On its First Cause of Action, judgment in favor of Plaintiff and agaiñst
Defendant in an amount which exceeds $1,772,664.00, but which amount will
be fully determined by the Court; and
b. For other further relief that the Court deems just and proper.
ERNSTROM
&DR§STE
925 CLINTON SQUARE

ROCHESTER,NY 14604
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Dated: July 1, 2018
Rochester, New York ERNSTROM & DRESTE, LLP
John W. Dreste, Esq.

Matthew D. Holmes, Esq.
Counsel for Plaintiff
925 Clinton Square
Rochester, New York 14604
(585) 473-3100
J Dreste@ed-llo.cOm
MHolmes@ed-llo.com
RNSTROM
ESTE
VERIFICATION
925 CLINTON SQUARE

ROCHESTER, NY 14604
STATE OF NEW YORK )

) ss.:
COUNTY OF ERIE )
JOHN FENZ, ESQ., being duly sworn, deposes and says:
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF ERIE )
I am the Town Attorney and an Authorized Representative of the Plaintiff in the
above captioned matter; I have read the foregoing Verified Complaint and know the
contents thereof and the same is true of my own knowledge except as to those matters
therein stated to be alleged upon information and belief, and as to those matters I believe
them to be true. The grounds of my belief as to all matters in the Verified Complaint not
stated upon my knowledge are as follows: my personal review of the Plaintiff's records
and my involvement with the Burchfield Center after completio f the P oject.
JO N P ES

//__U'
day of Ju , 2018.
ota Public
JACOUELINE A. FELSER
Lic. # 01FE4954926
My Commission Expires August 21, 20:22_..
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STATE OF NEW YORK

Plaintiff

Index No. 815185/2017
Nussbaumer & Clarke, Inc.,
Defendant
Ernstrom & Dreste, LLP, for its Verified Complaint against Nussbaumer & Clarke, Inc.
("NCI"), alleges as follows:
PARTIES
2. Upon information and belief, Defendant NCI is a domestic corporation
organized and existing under the laws of the State of New York with a principal place of
EgN9S buSiness located at 3556 Lake Shore Suite New York 14219-1494.
Road, 500, Buffalo,
3. At all times relevant herein, NCI was engaged in, among other things, the
925 CLINTON SQUARE
ROCHESTER,NY 14604
business of providing professional engineering services.
PROJECT BACKGROUND
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and proximately caused by NCI's negligence in performing its engineering design services.
6. In or about January 20, 1998, NCI issued a proposal to West Seneca for
professional engineering services at the Burchfield Center. Attached hereto as Exhibit A
is a copy of the January 20, 1998 proposal.
7. In or about March 31, 1998, NCI issued a supplemental proposal to the
existing agreement with West Seneca to add the development of the Burchfield Center
Park Master Plan. Attached hereto as Exhibit B is a copy of the March 31, 1998,
supplemental proposal.
8. Upon information and belief, in or about November 1998, NCI prepared a
first set of construction drawings, including a site plan that West Seneca intended to rely
on and use in the construction of the Burchfield Center.
9. In or about May 25, 1999, NCI informed West Seneca of a supplemental
proposal to change the structure of the Burchfield Center building from modular
construction to a custom build, indicated that Louis Design Group would proceed with
ERNSTROM
&DR§STE architectural work on the Burchfield Center, indicated that NCI would provide structural
925 CUNTON SQUARE planS, elevations, sections, and details of the foundation and framing for the Burchfield
ROCHESTER,NY 14604
Center, and stated that 25 sets of plans and specifications will be provided to West Seneca
to use for bidding the construction of the Burchfield Center. A copy of NCI's May 25,
1999 supplemental proposal is attached hereto as Exhibit C.
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10. Thereafter, upon information and belief, NCI proceeded to design the
Burchfield Center in accordañce with the West Seneca's goals, objectives, and
expectations and otherwise for the benefit of West Seneca.
Center dated June 1999. Attached hereto as Exhibit D are copies of the sets of June 1999
12. West Seneca relied on the advice, recommendations, and drawings of NCI
before bidding out the construction of the Burchfield Center.
unusual building damage and structural deterioration at the Burchfield Center.
hung windows, a significant amount of differential wall settlement near window locations,
wood rot at the bottom of the walls of the Burchfield Center, and differential settlement of
ERNSTROM
&Dq5STE the stud walls.
925 CLINTON SQUARE
ROCHESTER,NY 14604
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Attached hereto as Exhibit E is a copy of Building Science Services, LLC's April 28,
2017 Review of Conditions and Report of Findings.
19. As presently ascertained, West Seneca determined, among other things, that
the original design of the Burchfield Center contained improper and poorly coordinated
specifications as to where the ground elevations were intended to be, and such improperly
designed specifications led to wood wall framing sitting approximately 6-7 inches below
the Burchfield Center's floors lap elevation, 2-3 inches below the surrounding earth grade,
and 8-9 below grade at door entry and walkway perimeter areas.
21. As a result of the improper design of the Burchfield Center, West Seneca
has suffered direct and conseqtlential damages in a sum which shall be determined by the
Court, but which is believed to exceed $1,722,664.00.
22. West Seneca duly provided notice to NCI of its claims pursuant to CPLR
214-d upon discovery of the property damage. Attached hereto as Exhibit F is a true and
complete copy of West Seneca's Verified Notice of Claim Pursuant to CPLR 214-d against
NCI along with the affidavit of service.
E1™]¯ÎRŽÊr 23. West Seneca has fully complied with the requirements contained in CPLR

925 CLINTON SQUARE
ROCHESTER,NY 14604
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(Malpractice and Negligence NCI)
"1" "23"
25. Upon information and belief, NCI was retained by West Seneca to design
the Burchfield Center for the benefit of West Seneca and to provide all those engineering
services necessary to construct and complete the Burchfield Center.
26. NCI possessed special knowledge and skills as it related to the professional
engineering services it provided West Seneca for the design of the Burchfield Center.
27. NCI knew that its professional engineering services were for the benefit of
the Plaintiff.
28. NCI knew that its professional skills, its development of the Burchfield
Center, and its final design documents including drawings, plans, and recommendations,
would be used and relied upon by the Plaintiff for the construction of the Burchfield
Center.
29. By preparing the design of the Burchfield Center, NCI impliedly
represented to Plaintiff that it had the reasonable degree of skill usually possessed by a
professional engineer, that it was familiar with the construction materials and practices in
E,1m9s 1
ordinary use in the construction of the Burchfield Center, and that it was familiar with the
Various building code provisions governing construction of the Burchfield Center.

925 CLINTON SQUARE
ROCHESTER,NY 14604
30. In providing its professional engineering services in connection with the
construction of the Burchfield Center, NCI owed the Phintiff a duty to use that degree of
skill and learning normally possessed and used by a professional engineer in good standing
in a similar practice and under like circumstances.
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31. NCI breached its duty to Plaintiff by failing to properly design the
Burchfield Center.
32. As a direct and proximate result of NCI's breach of its duty to use that
degree of skill and learning normally possessed and used by a professional engineer in
good standing in a similar practice and under like circumstances, in delivering its
professional êñgiñêêriñg services, the Plaintiff has suffered direct property damages to the
Burchfield Center in a sum which shall be determined by the Court, but which is believed
to exceed $1,772,664.00.
requests judgment against Defendant Nussbaumer & Clarke, Inc. as follows:
a. On its First Cause of Action, judgment in favor of Plaintiff and against
Defendant, in an amount which exceeds $1.772,664.00, but which amount will
be fully determined by the Court; and
RNSTROM
RESTE
LLP
925 CLINTON SQUARE

ROCHESTER,NY 14604
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Dated: July 2018
Rochester, New York ERNSTROM & DRESTE, LLP
lohn W. Dreste, Esq.

925 Clinton Square
(585) 473-3100
JDreste@ed-llp.com
MHOlmes@ed-llo.cOm
ERNSTROM
&Dq5srs
925 CLINTON SQUARE

ROCHESTER,NY 14604
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF ERIE )
and my involvement with the Burchfield Center after comp endn f thefoject.
JONN F 1 , E

d'
day of Ju , 2018.
//
ota Public
JACOUELINE A. FELSER
Uc. # 01FE4954926
My Commisminn Expires August 21, 201
8 of 8
"10"
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STATE OF NEW YORK

Plaintiff

Index No. 817954/2017
Kideney Architects, P.C.,

(f/k/a/ Kideney Architects, Laping Jaeger Associates, P.C.)
Defendant
Ernstrom & Dreste, LLP, for its Verified Complaint against Kideney Architects, P.C. (f/k/a
Kideney Architects, Laping Jaeger Associates, P.C.) ("Kideney"), alleges as follows:
PARTIES
2. Upon information and belief, Defendant Kideney is a domestic professional
ERNS corporation Organized and under the laws of the State of New York with a
existing
principal place of business located at 143 Genesee Street, Buffalo, New York 14203.
925 CLINTON SQUARE
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3. At all times herein, Kideney was engaged in, among other things, the
business of providing professional landscape architectural services.
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PROJECT BACKGROUND
and proximately caused by the Kideney's negligence in performing its professional
landscape architectural services.
6. In or about January 20, 1998, Nussbaumer & Clarke, Inc. ("NCI"), issued a
proposal to West Seneca for professional engineering services at the Burchfield Center.
Attached hereto as Exhibit A is a copy of the January 20, 1998.
7. In or about March 3, 1998, Kideney issued a proposal to NCI for landscape
architectural services for the Burchfield Center. Attached hereto as Exhibit B is a copy of
Kideney's March 3, 1998, proposal.
8. In or about March 31, 1998, NCI issued a supplemental proposal to the
existing agrecmcñt with West Seneca to add Kideney for development of the Burchfield
Center Park Master Plan. Attached hereto as Exhibit C is a copy of the March 31, 1998,
ERNSTROM
&DR§STE Supplemental proposal.
925 CLINTON SQUARE 9. In Or about July 9, 1998, NCI and Kideney executed a contract for
ROCHESTER,NY 14604
consulting services regarding landscape planning at the Burchfield Center. Attached
hereto as Exhibit D is a copy of the contract between NCI and Kideney.
10. Upon information and belief, Kideney was a sub-consultant to NCI during
the construction of the Burchfield Center.
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11. Upon information and belief, in or about November 1998, a first set of
construction drawings, including a site plan that West Seneca intended to rely on and use
in the construction of the Burchfield Center, were prepared with Kideney's assistance and
provided to West Seneca.
12. Thereafter, upon information and belief, Kideney proceeded to provide
professional landscape architectural services for the Burchfield Center in accordance with
West Seneca's goals, objectives, and expectations and otherwise for the benefit of West
Seneca.
Center dated June 1999. Attached hereto as Exhibit E are copies of the sets of June 1999
14. West Seneca relied on the advice, recommendations, and documents
prepared by Kideney before bidding out the construction of the Burchfield Center.
ERNSTROM
&Dj35STE unusual building damage and structural deterioration at the Burchfield Center.

925 CLINTON SQUARE
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hung windows, a significant amount of differential wall settlement near window locations,
wood rot at the bottom of the walls of the Burchfield Center, and differential settlement of
the stud walls.
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Attached hereto as Exhibit F is a copy of Building Science Services, LLC's April 28, 2017
Review of Conditions and Report of Findings.
22. Upon information and belief and as presently ascertained, the property
darnage experienced by the Burchfield Center occurred because Kideney used an improper
elevation in its design of the landscaping surrounding the Burchfield Center and did not
properly follow any plans to properly inspect the Burchfield Center building prior to
building up soil beds that surrounded the perimeter of the building.
23. As a result of the improper design of the Burchfield Center, West Seneca
has suffered direct and consequential damages in a sum which shall be determined by the
Court, but which is believed to exceed $1,772,664.00.
E R ÊrÏ 24. West Seneca provided notice to Kideney of its claims pursuant to
duly
925 CLINTON SQUARE

CPLR 214-d upon discovery of the property damage. Attached hereto as Exhibit G is a
ROCHESTER,NY 14604
true and complete of West Seneca's Verified Notice of Claim Pursuant to CPLR 214-
copy
d against Kideney, along with the affidavit of service.
25. West Seneca has fully complied with the requirements contained in CPLR
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(Malpractice and Negligence against Kideney)
"1" "25"
27. Upon information and belief, Kideney was retained by NCI to help design
the Burchfield Center for the benefit of West Seneca and to provide all those professional
landscape architectural services necessary to construct and complete the Burchfield Center.
28. Kideney possessed special knowledge and skills as it related to the
professional landscape architectural services it provided West Seneca for the design of the
Burchfield Center.
29. Kideney knew that its professional design services were for the benefit of
the Plaintiff.
30. Kideney knew that its professional skills, its development of the Burchfield
Center, and its final design documents including drawings, plans, and recommendations,
would be used and relied upon by the Plaintiff for the construction of the Burchfield Center
and the surrounding landscape architecture.
31. By preparing the design of the Burchfield Center, Kideney impliedly
represented to Plaintiff that it had the reasonable degree of skill usually possessed by a
EMSR Êr professional landscape architect, that it was familiar with the construction materials and
praCliCeSinOrdinary use in the construction of the Burchfield Center, and that it was
925 CLINTON SQUARE
ROCHESTER,NY 14604
familiar with the various building code provisions governing construction of the Burchfield
Center.
32. In providing its professional landscape architectural services in connection
with the construction of the Burchfield Center, Kideney owed the Plaintiff a duty to use
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that degree of skill and learning normally possessed and used by a professional landscape
architect in good standing in a similar practice and under like circumstances.
33. Kideney breached its duty to Plaintiff by failing to properly design the
Burchfield Center and the surrounding landscape architecture.
34. As a direct and proximate result of Kideney's breach of its duty to use that
degree of skill and learning normally possessed and used by a professional landscape
architect in good standing in a similar practice and under like circumstances, in delivering
its professional landscape architectural services, the Plaintiff has suffered direct property
damages to the Burchfield Center in a sum which shall be determined by the Court, but
which is believed to exceed $1,772,664.00.
requests judgment against Kideney Architects, P.C. (f/k/a Kideney Architects, Laping
Jaeger Associates, P.C.), as follows:
a. On its First Cause of Action, judgment in favor of Plaintiff and against Kideney
in an amount which exceeds $1,772,664.00, but which amount will be fully
determined by the Court; and
ERNSTROM
&DR§STE
925 CLINTON SQUARE

ROCHESTER,NY 14604
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Dated: July , 2018

Rochester, New York ERNSTROl & DRESTE, LLP
John W. Dreste, Esq.

925 Clinton Square
(585) 473-3100
J Dreste@ed-llo.com
MHolmes(aled-llp.com
ERNSTROM
&DR§STE
925 CLINTON SQUARE

ROCHESTER,NY 14604
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF ERIE )
and my involvement with the Burchfield Center after completidn f th oject.
JOhNfÉ , ES

th
day of Ju , 2018.
//
ota Public
JACQUELINE A. FELSER
Lic. # 01FE4954926
My Commission Expires August 21, 20c2/__,,
8 0f 8
"11"
Exhibit
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Exhibit E
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Building
Science Services LLC
8304 Main Street
T. 716-204-9733
April 28, 2017
Mr. John Fenz

Town Attorney
Town of West Seneca
1250 Union Road
Re: Review of Conditions

Charles E. Burchfield Art & Nature Center
2001 Union Road
West Seneca, NY
Mr. Fenz,
In response to reports of umm'al building damage and structural deterioration at the above
referenced Burchfield our initial cval=†inn
Center, my office completed and offer the follow
report of fmdings.
In resa, and with special emphasis on the exterior walls, please be advised we have found
the building was improperly designed and constrdcted as it relates to the unusual building
damage currently being eñc0üñtered.
More specifically, the design of the exterior walls was such that it was a certainty that the
lower sections of wall would rot and the building would start settling. As per the design, the
wood &aming rests upon a wood bearing plate. The wood bearing plates as well as the wood
structural sheathing are in contact with, and positioned below the surrounding earth and grade.
This condition has allowed general ground moisture, rain water and snow melt to come into
contact with the wood over the years since it was first c0ñstrácted. This constant and ongoing
contact with water has caused the wood at the bottom of the walls in various locations to
deteriorate due to rot. The rotting of the bottom of the wood is in turn causing the differential
settlement of the stud walls.
The conditions you have seen in recent mantha with regards to locking hardware off
bursting
double hung windows is a direct result of the differential wall settlement near particular
window locations. Unfortunately, these conditions are just the initial symptoms of what will
become worse conditions over time.

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TownofWestSeneca
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Background Information:
A. It is my understanding that my firm was a referral from other Design Professionals to

the Town to offer assistânce in this matter. It is also my understanding that all parties
that review this report may not have information regarding my background and
credentials as the main author of this report. I offer the following:
1. I am NYS registered and practicing Architect. I have approximately 30 years of
industry experience. My CV is available by request if necessary.
2. I am founder and principal of a firm called Architecture Unlimited, PLLC. This

firm was fon.nded in 1995 and continues to provide architecture and cñgineeriñg
services, as well as construction managemeñt services (as-advisor). The firm's
focus was, and remains on expansion, alteration and repair of existing facilities.
Our primary market presence is in arunicipal, industrial, institutional, and high-end
residential work.
3. I am a founding partner in Building Science Services, LLC. This firm was formed
in 2013 to better provide forensic architecture & engineering, specialty design
evaluations, and construction testing, and expert witness services that had been a
growing and more specialized service segment within Architecture Unlimited since
its early years. The firm has had significant involvement in both the review as well
as resolution of a large number and varying type of building performance failures,
building 1clated injury or death matters, and design/construction related disputes

and litigation.
4. I am also a founding partner in a separate company called C3i Services. This firm
provides consulting and technical support to various entities involved in design,
construction and other building-performance outcomes. We also provide
credentiated education services primarily to design professionals and code
enforcement officials. C3i is a service-disabled veteran-owned small business
(SDVOSB).
B. Building History/Background:
1. The building is relatively new. It was designed and constructed as a new building
on or about 1999-2000 with occupancy reputed to be taken some time in 2001.
2. The Town furnished me with original construction drawings dated June 1999. A
project manual (specification book) was not included. The drawings show the
design and engineering was provided by an apparent joint venture of 2 separate
firms, Nussbaumer & Clarke, Inc. for engineering and Louis Design Group for
architecture.
3. I was not provided any review information on who the contractor(s) were. Based
on my review to date, it is not clear such information would have been of any value.
4. The building has approximately 5,200 square feet of usable space.

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5. The building is a wood frame structure, very similar to basic home construction.
The walls are wood studs. The roof is a combiñation of wood trusses for sloped
roofs and pre-engineered wood framing for flat roofs. The floor is concrete slab.
The feüüdation appears to be concrete masonry (block). There is no basement
space.
6. Most building components, asseniblies, and systems appear to be relatively normal.

The exceptions are as follows:
a. Within the attic spaces, the building is basically equipped with 2 roof-top
HVAC packaged systems that provide the bulk of the building's heating (H) and
cooling (AC) needs. This configuration is unusual in that these units are
normally intended by design to be installed outside the building and not inside.
These units require access to outside air as part of their internal combustion
needs and building space ventilation (V) functions.
b. The roof/attic is configured with a bizarre 2-layer roof insulation system, a

levels'
system that appears to have been a failed attempt to install 2 'half of
insulation instead of the specified single level of insulation. One level is on the
truss top chords (or roof frame level) and the other level is at the truss bottom
chord (or attic floor level). In and of itself, this configuration never works
effectively in tandem even under the best of circumstances. In this case, it

doesn't work at all because the attic space itself has large intake air louvers to
provide large volumes of outside air into the attic space for the purposes of
supplying required combustion and ventilation air to the HVAC units concealed
in the attic.
7. The building has been altered since its original design and construction.
a. There are 2 areas, as reported by Town staff, where a second roof assembly was
added over existing roofs in an effort to resolve or diminish ice accumulation
hazards and related water infiltration problems.
b. A thermal-wire ice-melt system was added similarly as part of efforts to resolve

or diminish ice accumulation hazards and related water infiltration problems.
c. A plywood floor was added to the attic space trusses to improve access to the
HVAC systems in the attics and to allow for attic space storage.
C. Relevant Building Codes:
1. The codes having jurisdiction over the original design and construction back in
1999-2001 was the 1995-96 version of the 1984 NYS Uniform Fire Prevention and
Building Code.
2. The codes having jurisdiction over the current condition and review of the facility is
the current NYS BuiMing Codes, more specifically the 2015 ICC Existing Building
Code (EBC), ICC Fire Code (FC), and NYS Property Maintenance Code (PMC).
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Primary Findings.
A. The building is in a state of advancing structural deterioration at its lower exterior wall
perimeters. More specifically, the bottom of the exterior wood wall plates, studs,
orientated-strand board (OSB) structural sheathing and steel fasteners are rotting from
exposure to moisture.
B. The extent of the conditions of rot cannot be fully determined without more destructive
analysis but based on our review of thermal imaging scans taken during our
investigation, it does appear the conditions are at their worse where exposed by drywall
removals by previous Town investigations. We believe some lesser, if not same form
of deterioration is occurring as all remaining and concealed exterior wall periters.
C. The cause of the conditions of rot is an original design failure. The original 1999 plans
established the finished floor slab of the building was to be at an elevation of 625 feet.
However, the plans provide various elevations for the grade surrounding the building.
On the elevation drawings, the design required that the general grade elevation was to
be 622.5 feet except at door areas which were to be approximately the same 625 feet for
flush floor transitions with no step(s) down. Separate foundation details in the plans
required that the general grade elevation was to be 621.5 feet. And separate civil
eñgiñeeriñg site drawings required that the adjacent grade was to be almost the same as
floor level at about 624.5 feet. See Exhibit 01
The confusing, improperly designed, and poorly coordinated specification as to where

the ground elevations were intended to be was very likely caught during construction
activities and quickly became a significant and open problem that faced the designers
and project managers. Most likely, it was determined that the grade needed to be raised
to the approximate floor slab level primarily because the 4 various door locations were
all required to be compliant with barrier-free (handicap) codes and without steps, and
because the design had no accommodations for separate handicaps ramps to account for
the changes in elevation coming out of the building. Although that remains speculation
on my part, it's clear that someone determined that the conflict in finished grade
specifications was to be resolved by leaving the finished floor elevation at 625 feet and
then setting the exterior grade of the building perimeter at the approximate 624.5 feet
shown in the civil/site drawings and details. See Exhibit 02
However, separate details for the wood wall framing still required that the bottom of the
walls would sit directly on the concrete block foundations to be set at an elevation of
624.33 feet. This put the bottom of the wood, not at the floor slab elevation of 625 feet,
but instead at a lower elevation approximately 6-7 inches below the floor slab
elevation, and more importantly, approximately 2-3 inches below the surrounding grade
consisting of earth and landscaping materials, and approximately 8-9 inches below
grade at door entry and walkway perimeter areas. See Exhibit 03
The only thing that separates the structural wood materials from exposure to the
surrounding ground moisture is the vinyl siding and exterior air barrier, themselves not
materials intended or capable of functioning as moisture barriers in such a manner. In
some instances, we can see where someone must have recognized the basic problem
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and attempted to improve the condition adjaceiit to door and walkway areas by
a wrap of thin-gauge aluminum coil stock at the base. Neither the
installing siding
wood studs or the wall's exterior OSB wood sheathing are pressure-preservative
treated. The wood wall's base plate may be pressure-preservative treated because it's
conditions of rot appears generally less advanced than adjacent stud and sheathing
wood, but I could not verify this. See Exhibit 04
Since that original design failure, compounded by inappropriate construction efforts,

the exterior wood wall surfaces have pretty much been exposed to periodic conditions
of moisture exposure depending on ground and weather conditions, as well as their
particular locations along the building perimeter. The result is what you are
experiencing now. Rotting wood has deteriorated in some locations to the point that
structural material disappeared as a physical element which in turn, has resulted in a
process of vertical collapse of the individual wood studs that serve as structural bearing.
In short order, the same deterioration will also have an adverse effect on the building's
ability to resist lateral loads as well. See Exhibit 05
D. The original design and construction work created a violation of the 1984 (Rev. 1996)
NYS Uniform Building Code applicable at the time, and as follows:
1. Sec. 800.3 Protection Against Deterioration - required thru its sub-referenced

Reference Standard R27-1 that wood wall structures were required to be positioned
at least 8 inches above the surrounding exterior grade. Again, the actual installed
condition is not a positive 8 inches as required. Its actual installed condition is
negative 2-3 inches. It is noted that the same code provision defines conditions of
deterioration to include "... among others, action of freezing and thawing,
dampness, corrosion, wetting and drying, and termites and other destructive
insects". Most of these conditions of deterioration apply to the wall base condition.
2. Sec. 806.2 Exterior Materials - required that "the exterior or covering of

facing
walls... shall be resistant to the causes of deterioration... without loss of strength or
attachment which may render it unfit for use...".
3. Because these conditions were violations of the code at the time of original design
and construction, the configuration does not status as 'pre-existing non-
enjoy
conforming'
under the current code, or what is more commonly referred to as
'grandfathered'.
4. In addition, the configuration and condition is also in violation of the current NYS
Property Maintenance Code.
Secondary Findings:
A. Our review also revealed that the building suffers from a variety of other design and
building performance failures as well. In no particular order, please note the following:
1. The four egress doors from the building were never properly configured in a
manner required by code to prevent them from being obstructed by the
FILED:
FILED : ERIE
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accumulations of snow and/or ice during an emergency event. The doors are
required to have measures in the form of a roof cover, recessed alcove
configuration, sidewalk heating, etc. that would prevent doors from properly
swinging open during such weather events. In addition, such conditions can be
fall'
claimed as other related liabilities in 'slip/trip and claims. See Exhibit 02
a. Sec. Means of Egress - required that exit doors to the

765.5(a)(7) "grade-story
exterior shall open on a level grade or landing... (and that) such grade or
landing shall not be less than four inches nor more than 7-3/4 inches below the
level of the doorsill except that the riser (step down) is not required where
means are provided to prevent the accumulation of ice and snow".
b. Sec. 1101.5 Means of Egress - required that "required exits shall be

separately
accessible (for persons with disabilities)...". This meant that having step downs
at any of the 4 egress locations in this building was not an option due to separate
handicap code requirements.
c. Sec. 1031.3 of the current NYS Fire Obstructions - requires that "a
Code,
means of egress shall be free from obstruction that would prevent its use,
including the accumulation of snow and ice".
2. The building suffers significant heat loss at the roof. In part because the insulation
levels are quite a bit less than what was required by the code at the time. And in
part beeâüse the design failed to properly design workable solutions, solutions that
appear to have been made worse by field conditions implemented by the
Contractors and/or Designers after construction started.
Some of these problems have been very visible over the years and are the cause of
the odd snowmelt patterns you see on the roof, the ongoing ice accumulation and
subsequent efforts to fight the ice build-up with snow melt wiring systems and roof
modifications. See Exhibit 06
Other problems remain concealed from general view but are causing some form of
deterioration within ceñcealed spaces of the roof and some wall assemblies.
See Exhibit 07
Each of the problems are also causing excessive energy consumption and in turn,
high heating bills for the building. Again, these problems were caused by flawed
and improper designs and construction for the building. Notable conditions are as
follows:
a. The design intended for the insulation at sloped roof surfaces (shingled roofs)
was supposed to be an R-30. The actual insulation level provided separately at
the attic floors is an approximate and lesser R-19. As previously referenced, the
separate attic roof/ceiling/wall insulation has no additional value because the
overall attic space is equipped with outside air intake systems. This level was
also a violation of the NYS Energy Conservation Code.
See Exhibit 08
FILED:
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b. The design intended for the insulation at the flat roof areas on the front and back
of the building is confusing, but definitely improper. One part of the design
drawings required it to be an R-30, another part of the same drawings required it

to be an R-19. The actual installed levels are more confusing and worse.
There's everything from an R-11 in some places, to R-19 in others, and R-30 in
still other locations. Select areas were incomplete with gaps which in turn
allowed adjacent areas to become irrelevant by default, simply because these

gaps allow the heat loss to go around the insulation, no matter what the level
may be. See Exhibit 09
Worse, the overall insulation is installed improperly as it pertains to protection

from vapor accumulation and related deterioration. The insulation is fiberglass
with a basic craft paper facing serving as a vapor retarder. This type of
insulation restricts some, but still allows some lesser form of interior vapor to
pass thru to the colder exterior side of the insulation. By both necessity and
code, this vapor needs to be exhausted by means of fresh ventilation air very
similar to a normal ventilated house roof. Unfortunately, this building's flat
roofs are not only improperly insulated, they are not ventilated at all. There is
evidence that the adjacent wood framing and roof deck are experiencing early
onset of moisture deterioration, as would be expected. Please note conditions
appear minimal at this time. See Exhibit 07
c. Thermal imagiñg revealed there are problem areas within concealed wall and
ceiling/roof areas due to missing or damaged insulation. The problems are best
described as periodic in scope and not pervasive thru out the building. But the
flaws are significant enough to be suspicious that some condition of vapor
accumulation, water infiltration and/or insulation gaps will likely need to be

addressed as part of improvements. See Exhibit 10
d. Inspections within open wall and ceiling/roof areas revealed similar problems of
heat loss due to missing, gapped or damaged insulation. Again, the problems
are best described as periodic in nature and not pervasive thru out, but notable
enough to be suspicious that some condition of improvement will be necessary.
See Exhibit 11
3. The wood trusses, pre-engineered wood joists, and paper insulation faces are illegal
in this particular building where they are covered only by the suspended lay-in
ceiling system and panels. Various building codes have long required in building's
with public assembly functions as well as others that exposed wood and paper
facings be covered with interior finish materials with appropriate fire
classifications. Typically, that would be drywall in a building like this. The
suspended lay-in ceiling would be allowed, but only in addition to some basic form
of drywall protection above at the required surface areas. See Exhibit 12
4. The wood trusses were not designed to support a floor to be used for attic storage.
The plans specified that the trusses were required to support only 13 pounds per
square foot and that was only for ceiling loads from below. While it's understood
the trusses were most likely designed to support more weight due to the placement
of the 2 HVAC units within the attic areas, it's highly unlikely they were also
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designed to take on the additional 50 to 100 pounds per square foot depending on
code classification for unforeseen storage intentions. Please note the original plans
only showed small access hatchs and not the pull-down stair assemblies that were
added later. See Exhibit 13
5. Because the project drawings showed the attic insulation at the roof level and not
the the attic space is intended design be on the insulation's winter warm-
floor, by
side, and by default, to be conditioned space (meaning its heated/cooled). By stark
contrast, the same project drawings also intend for the same attic spaces to be
unconditioned (meaning no heating or cooling) and capable of fully allowing
outside air into the attic to serve the combustion and ventilation requirements of the
2 HVAC units located in the attic. During the winter, in particular, the attic spaces
simply cannot be both conditioned and unconditioned at the same time. You will
note in the attached exhibits that while the ceiling at the attic space is clearly
insulated, the same insulation barrier is penetrated by numerous outside air

mechanical intakes that not only allow, but intentionally direct cold outside air
around the barriers. See Exhibit 14
6. The design that placed the 2 HVAC units into the attics didn't seem to consider how
the units will be replaced in the future. Its notable that there is no apparent route for
removing the units, or for bringing new units in. The attic access are very small
hatches less than 24 inches wide with folding stairs rated for only very small
loading. See Exhibit 14
With consideration that the units are approximately 15 years old, and with further
consideration that normal service life for such units can run approximately 20 to 25
years, it would seem likely the units will have to be replaced in a relatively near
term and the only likely route for access seems likely to be the removal of the end
walls at the respective exterior attics. It further seems that this future mainteñañce
problem should be included in considerations related to the current problems being
discussed here.
Corrective Actions:
A. To correct the structural deterioration of the building walls, a series of remediation
steps must be taken that includes both repairs as wells as alterations in the construction
design details. The target work areas are concealed by a variety of wall and ceiling
finishes, electrical and data components, and various equipment, trims and furnishing.
In addition, the current version of the NYS Building Code will require certain upgrades
due to the magnitude of the work and as part of the repair and alteration processes
specifically defined within the separate NYS Existing Building Code. In general, the
following actions need to be taken:
1. Reconstruct the approximate 4 ft. of bottom exterior wall perimeter in a manner that
replaces all the lower wood wall assemblies with pressure treated stud, plate and
sheathing materials, and then seals the below grade portion (approx. 12 -18 inches)
with a layer of self-adhering bituminous membrane and Cellular PVC Trim Board.
In addition, the reconstruction should include raising the bottom position of the
FILED:
FILED : ERIE
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extension'
wood wall by forming a 'curb of masonry or concrete foundation wall
over the existing block foundation in a manner that raises the wall's base plate to
equal the building's floor elevation. The overall reconstruction will include
jacking and shoring for both temporary support and for re-establishing level
conditions.
The wall reconstruction targets the 4-foot level so that full and complete 4 x 8 foot
pieces of new structural wall sheathing can be used to maintain and improve
structural stability. However, you should note that the work most likely cannot be
limited to the 4-foot level because that will create some stud wall instability. There
will most likely be some need to extend wall studs to fuller heights. Determinations
will need to be made following some more comprehensive design reviews and will
likely need to be considered and modified during reconstruction as well depending

on circumstances encountered. This basic premise will be an important part of
determining what type of contingency funding should be accounted for as part of

the project work's budgeting and will likely continue to evolve as the project work
is planned and comes more into focus.
2. To accommodate wall framing reconstruction, lower levels of electrical and low

voltage systems will need to be temporarily removed and reinstalled and/or
modified, and/or replaced.
3. Portions of walls and slab edge perimeters will need to be reinsulated.
4. Some degree of existing windows will be required to be removed and reinstalled,

and otherwise refurbished to accommodate returns to level and operable conditions.
5. Due to the aged appearañce of the existing vinyl siding and subsequent difficulty in
matching the worn color, combined with the need to access window mounting
flanges for window reconstruction and adjustment, as well as other repairs and
improvements noted in this report, its best to plan on replacing all of the vinyl
siding.
6. Some level of interior finish, ceiling systems, and trim repairs and replacemêñts
will be needed as part of efforts to access primary structural repair work.
7. The exterior doors need to be equipped with some solution to meet code
requiremêñts to create exterior configurations that prevent the accumulation of ice
and snow. Recessing the doors will be impractical if not impossible. Adding
mechanical and/or electrical walkway melt systems at the doors will most likely be
techically difficult, impractical, expensive and unreliable. Most likely the concept
of creating new roof covers over the subject doors will not only be most practicable,
but will also provide opportunities for improving the adjacent roof performance
problems as well improving the building's exterior façade.
8. Replace and reconfigure the roof insulation and ventilation assemblies at both the
flat roof front and back areas, as well as the open attic spaces on the 2 wings. Both
these areas are relatively easy to access.
FILED:
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In addition, smaller areas of the central cathedral ceiling area should be improved.
Although more difficult to access as these areas are concealed behind drywall,
improvement opportunities may be more readily achieved and successful working
from the roof top down as oppased to from the interior side up. Both can be
successful but will require more time and effort to create appropriate design and
engineering solutions.
These same improvements can also be modified in a manner that simultaneously

resolves the problems related to exposed fire-rated facings and exposure within the
building interior.
9. Remove existing suspeñded ceilings to access exposed paper and wood facings to
be covered with some form of thermal barrier, most likely drywall, as required by
code. A new suspended ceiling systems shall be re-installed or the ceiling may be
converted to finished drywall as opportunities present themselves.
10. Eliminate the floor storage capabilities within the 2 attic spaces. The alterations
should at the most be limited to proving safe access to and around the 2 HVAC
units within.
B. In addition, I am recommending the following actions items also be taken:
1. Consider replacing the 2 attic space HVAC systems now as part of other
improvement work. It would be a shame to have to implement significant exterior
wall and roofing improvements in the near term only to find in a few short years
you need to do it again to get access into the attic spaces for HVAC system
removals and replacements.
It should also be noted that the improvemeñts described above related to new
insulation levels will cause the building to be more energy efficient. This in turn is
going to result in the HVAC units being oversized and inefficient for the improved
building spaces they serve. Determining how to implement a change to smaller
more efficient systems will be much easier and more cost effective as part of the
current work than it will be as part of a separate effort in later years.
Cost Opinions:
Predicting how much time, effort and work will be involved in the repair and/or reconstruction
of the building is difficult at this early stage of review. The single biggest reason is that the
purpose of this study is to determine what's going wrong with the building and then in turn to
offer a prediction for corrective measures that is being made without the benefit of full
planning, design and engineering having yet occurred.
To that end, our approach is to predict the methods for corrective action that are most likely to
be successful, and to do so without benefit of more comprehensive planning, design and
engineering work. Based on our experience, these methods tend to be the ones that do in fact
work out as the best options. However, they do on occasion increase in magnitude due to
unforeseen circunistances and do also on occasion, decrease in magnitude due to benefit of
unforeseen opportunities.
FILED:
FILED : ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 07/24/2020
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In addition, predicting the costs associated with time, effort and work is also difficult at this
early stage of review. This is in part a reflection of the preliminary nature of the review
previously described, but it's also a reflection that costs are often being predicted sometimes a
year or more before they will be incurred for the most part.
Stated another way, it's very importañt we advise the users of this report that terms used for
'Budgets'
cost opinions have very distinct meanings when presented by this office. have a
different meañiñg than 'Estimates', which in turn have a different meaning than 'Bids'. For
example:
1. Budgets - This is a form of cost prediction which relies on the lowest level of
information available. No form of real design, engiñêeriñg or planning has occurred.
'blueprints'
There are no to get bids from. Its typically not clear what specific year the
work will occur and its less certain what type of market conditions, competitions, or
other related concerns may be in effect in the future. Budgets tend to be more of an
guess'
'expert's best assessment and based on studied review, trends and past
experiences.
2. Estimates - This form of cost prediction starts to work with a more defined scope of
work, and in turn, with more cost certainty. The project work is typically not fully
developed but some time related to research, design, eñgiñeering, market analysis, etc.
has had a much more fuller opportunity to develop. Input from different design
consultants such as structural, mechanical, electrical, architectural consultants, etc. has

been initiated. A schedule, Owner's input, bid and contract condition analysis, and
'blueprints'
more importantly, some level of design, preliminary and specification
development has also occurred. Estimates tend to be a more refined 'expert's best
guess'
based on more advanced development of actual design work and known project
conditions.
3. Bids - This form of cost prediction is more definitive because it comes in the form of a
very specifically defined contract scope. The cost analysis changes from an expert's
guess as to what other separate parties will charge for their time, effort, work and risk
assessments to an actual commitment from those separate parties. To get to a bid
commitment, the Owner must finalize some form of project scoping document in
advance, most typically in the form of detailed designs, scope of work descriptions, bid
and construction contract requirements, project specifications, scheduling requirements,
etc.
'budget'
For our purposes today, this report is presenting a very preliminary assessnient. Our
assessment is as follows:
FILED: ERIE
[FILED:ERIE COUNTY
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A. Structural Repairs:
1. Demolitions:
a. Vinyl siding/soffits/trims
b. Partial exterior wall sheathing
c. Partial wall insulation
d. Partial roof/attic insulation
e. Partial wood stud/plates/blocking
f. Partial interior suspcñdcd ceilings
g. Partial electrical disconnects/removals
h. Dumpsters. waste. hauline. removals
$35,800
2. New Work:
a. Temporary protections
b. - staged
Temporary shoring/bracing
'curb'
c. New concrete foundenen
d. New fcëñdsticñ elements for door covers
e. New perimeter slab insulation
f. New wall P.T. stud framing / general carpentry
g. New wall P.T. blocking/plates
h. New exterior P.T. structural wall sheathing
i. New door cover frame assemblies
j. Revised/reinstalled electrical at walls
k. Revised data/low-voltage systems at walls
1. Window refurbish/repair/reinstalls
m. New cellular PVC trim board/watershed protection
n. New bituminous wall covering protections
0. New wall insulation at exterior walls
p. Spot repair of wall insdation at select areas per thermal imaging
q. New insulated vinyl siding/trim/accessories
r. New interior drywall at exterior walls
s. New window/door millwork/trim
t. New interior paint
u. New suspended ceiling systems
v. New fire-rated ceiling facings
w. Finished electric fixtures and reinstalls
x. Finished floor protections/renairs/realacement/cleanine
$345,700
B. Roof repairs:
1. Demolitions:
a. Attic insulation removals
b. Attic floor sheathing removals
c. Roof shingle and ice-melt system removals
d. Plywood roof deck removals at center vault assembly
e. Removal of concealed roof/ceiling inmaahn at center vault assembly
f. Disassemble previous Town Roof Frame Repair work
g. Dumpsters, waste, hauling, removals
$21,000
2. New work:
a. Attic space ventilation medikations (Natural)
b. Attic space ventildtión modifications (HVAC Mechanical)
c. New attic insulation at truss bottom chords
d. New roof/ceiling insulation at center truss top chords
e. New roof/ceiling insulation at flat roof joist assemblies
f. Attic space access hatch safety and insulation modifications
g. New attic space floor / HVAC-access route modifications
h. New plywood roof deck at center vault assembly
i. New insulation at center vault assembly
j. Modifications/reconstruction at dormer assem'Glics
k. New asphalt shingles at sloped roofs
1. New roof edge metal work/trims
m. New gutters and downspouts
$106,100
FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 07/24/2020
07/12/2018 09:16
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C. HVAC Change Recommcñddilon:
1. Demolitions:
a. Dis-assemble/remove existing HVAC packaged units from attic spaces
b. Dis-assemble existing combustion air & vcatilatics mechanical systems
c. Dis-assemble and remove wood frame end walls and related siding for access
d. Dumnsters. waste. hauline. removals
$20,600
2. New work:
a. 4-6 new smaller HVAC units/condensers
b. 2-3 new make-up-air units
c. Revise/reconstruct toilet room exhaust systems
d. Revise/reconstruct duct work systems
e. Reconstruct/refurbish various electrical/mcchanical mods
f. Reconstruct/revise wood frame end wall cons+naction
g. New end wall exterior siding
$156,000
D. Cost Opinion Totals:
1. Structural Repairs $381,500

2. Roof Repairs $127,100
3. HVAC Change Rece-meñdation $176.600
Sub-total $685,200
Design-phase contin aancy (10%) $ 68,520
Sub-total $753,720
Construction Phase Contingency (15‰ $113.058
Sub-total $866,778
Professicñal Fees (9%) $ 78.010
Sub-total $944,788
Project Expenses (5%) $ 47.239
Total Alteration and Repair: $ 992,027

FILED:
FILED: ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 07/24/2020
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E. Cost Opinion for separate option - Replace Building with code required mediñcations:
1. Scope
Building Demolition
$45,000
Site work - limited

$120,000
Foundation work - limited

$32,000
Carpentry
Roofing
Siding
Windows/Doors
Finishes
u L eelal/Electrical/Plumbing
Tel/IT/Data/Com
Millwork
Temp Storage / Replacement of FF&E
Etc.
$1,144,000
Desien-chase contin senev (5% $ 67.050
Construction-phase contingency (10m $ 140.805
Professional Fees (9% $ 139.397
Project Excenses (5% $ 84.412
Total Reconstruction and Replace: $1,772,664
Notes:
1. This cost opinion assumes the Davis-Bacon and other related NYS Acts regarding prevailing wage and fringe
benefits will apply to the work
2. This cost opinion assumes the Wicks Law and other NYS laws regarding the use of multiple prime contractors will
apply to the work
3. Due to the relatively new nature of the existing c0üsituctioñ and it having had occurred after the imp!c;;;c;;tatics of
various NYS and Federal laws restricting their use, this cost opinion assumes there is no need to account for the
presence, testing, and/or removal of hazardous materials.
FILED:
FILED : ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 07/24/2020
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Observations / Recommañdations:
1. The problems we found in this building related to structure will not improve on their
own without intervention, nor in our opinion will they remain stagnant. With a further
understanding the problems are inherêñt to an improperly designed and engineered
building, our review shows it is highly unlikely that even a more aggressive and
knowledgeable preventative maiñtenance program will be successful in stopping the
ongoing deterioration and subsequent onset of structural damage the building is already
starting to experience.
2. The problems we found in this building related to heat loss and related building
envelope energy conservation efficiencies will also not improve without intervention.
While the Town may have had some successes in alleviated past problems related to ice
accumulation, our review shows the improvements were not enough to overcome
significant problems inherent to an improperly designed and engineered building
envelope, primarily at the roof assemblies, and that there is evidence that concealed
conditions of deterioration remain.
3. The problems we found related to health and safety standards at emergency egress
doors do not contribute to building deterioration as previously discussed, but they do
represent potential liabilities to the Town.
4. The problems we found related to the design, configuration and inaccessible nature of
the 2 primary HVAC units are not conditions of specific building deterioration or
potential liability as previously referenced. However, it does represent a pending
maintenance and improvement challenge as well as a separate contributor of problems
related to energy efficiency and systems performance. As such, we advise the

improvement of the condition be considered as part of any other improvements being
discussed within this report.
5. Based on our review, and despite clear and professional efforts to properly maintain the
building, it is our professional opinion this building should be considered a poorly
designed, engineered and constructed building. The finding typically results in a
building that does not provide as long of an effective service life as the building should
have been reasonably expected to enjoy. It also typically results in a building that
consumes more excessive effort and resources to maintain over time.
6. Based on our review, we have determined it would be more cost effective to alter and
repair the existing building than to demolish and reconstruct it.
7. And finally, the cost opinions provided in this report are based on a traditional
Design/Bid/Build approach to plaññing, procurement, and construction typical for the
Western New York market. Please be advised there are other approaches to consider
that are both allowed under NYS public procurement rules and which will likely be
more effective in reducing costs for the work.
FILED:
FILED : ERIE
ERIE COUNTY
COUNTY CLERK
CLERK 07/24/2020
07/12/2018 09:16
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Closing:
Thank you for the opportunity to be of assistaiice in this matter. Please contact me if you have
any questions or require more information.
Respectfully Submitted,
BuildingScience Services, LLC

NYS Architect Registration No. 025221
Attachments: Exhibits 01 thru 14

"12"
Exhibit
WEST SENECA COMMUNITY ROOM TOWN BOARD PROCEEDINGS

1300 Union Road Work Session
Supervisor Sheila M. Meegan called the work session to order at 3:00 P.M. with the Pledge of
Allegiance led by Jeffrey Schieber.
-
ROLL CALL: Present Sheila M Meegan Supervisor
Eugene P Hart Councilman
William P Hanley, Jr. Councilman
Tina Hawthorne Town Attorney

Jacqueline A Felser Town Clerk
Daniel Denz Chief of Police
Jeffrey Schieber Code Enforcement Officer
Steven Tanner Town Engineer
Megan Wnek Director of Finance
Lauren Masset Recreation Supervisor
Laura Devine Human Resources Director
Emily Meiski Chief of Staff
Absent - Matthew English Supt.

Highway
Mary Josefiak Senior Recreation Therapist of
Senior Services
Supervisor Meegan read the Fire Prevention Code instructing the public where to exit in case
CODE ENFORCEMEÑÏOÏ FfÜET 3EFFR

• Report on the Burchfield Center repairs - The Code Enforcement Office with the Town
along
Engineer, Buildings & Grounds Department and local contractors inspected the building and all
are in agreement with the repairs needed:

/ Shore two areas which are the portions of the roof that are flat
up gallery
Demolish walls in poor condition and install masonry units to windowsill height to
eliminate wood below grade; install new windows
Repair flat roof areas with the application of liquid coating with reinforcement
Remove fiberglass insulation and spray roof structure with foam; new roof shingles
and siding; cost of roofing, siding and windows is approximately $200,000
Abandon mechanicals that are insta!!ed above the ceiling and install new mechanicals
at ground level; cost is approximately $140,000

- etc.
Repairs inside the building minor electrical, floors, ceiling,
Rough numbers from contractors is around $500,000 and encompases an allowance
for unexpected findings; approximately a six month process
Cost to demolish the building is approximately $40,000 to $45,000; Town Engineer
Steve Tanner estimated $350 per sf to rebuild, totalling $1.9 million based on square
footage
be able town employees - i.e.

Portions of repairs may to be performed by shoring up
the existing roof; demolishing exterior walls and windows; regrading exterior and
planting grass seed; reinstalling electrical; drywall, paint, trim & doors
Main roof and siding would go to bid; no bid is required for brick work due to cost
WEST SENECA COMMUNITY ROOM TOWN BOARD PROCEEDINGS

1300 Union Road Work Session
Page two . . .
= Carol Yetter from the Burchfield Center expressed concern on the time frame for the decision
to repair and requested to be informed of any future information or decisions. She further
stated Buildings & Grounds empoyees were on site to remove raccoons that recently entered
the building.n
RECREATION SUPERVISOR LAUREN MASSET

= is National Parks & Recreation residents are encouraged to obtain a valid resident
July month;
ID card and check out what the Recreation Department has to offer at both low cost and no
cost; a list of amenities at each park can be found online or in the Recreation Department.
= Open interviews for a part-time Clerk Typist will be held 2:00 - 3:00
July 31, 2019, PM;
applications for various fall positions are being accepted; see website for more information
TOWN ENGINEER STEVEN TANNER

= Bid award for animal shelter improvements project - low bid was from MGR Constructors for
$154,000
CHIEF OF STAFF EMILY MELSKI

Farmer's Market - next is Celebrate Summer event with the Lions Club
Thursday
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hanley, to recess to executive session
at 3:30 P.M. to discuss two contractual issues, two personnel disciplinary issues, Burchfield
litigation and the NYSDEC consent order.
Board members returned from executive session at 4:25 P.M. and the work session
concluded.
)ÁC LINE A FELSEl TOWN CLERK

"13"
Exhibit
DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY
Capital Project Management
MARCH 2020
Contents
Report Highlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Capital Project Management . . . . . . . . . . . . . . . . . . . . . . 2
HowShould a Board Plan, Authorize and MonitoraCapitalProject?. 2
The Board Was Not FullyTransparentAboutthe ProjectScope
and Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
What DoWe Recommend? . . . . . . . . . . . . . . . . . . . . . . 7
AppendixA-Response From Town Officials . . . . . . . . . . . . . 8
Appendix B-Audit Methodologyand Standards . . . . . . . . . . .10
Appendix C-Resources and Services. . . . . . . . . . . . . . . . .11

Report Highlights
Town of West Seneca
Audit Objective
Determine whether the Town properly planned and
managed a capital project. The Town of West Seneca
(Town) is located in Erie County.
The Town is governed by an

Key Findings
elected Town Board (Board)
The Board: composed of a Supervisor and
four Board members. The Board
• Did not properly plan and manage the capital project . .
. . is responsible for the general
and clearly inform taxpayers when the estimated cost
management and oversight of the
and scope of the project changed.
Town's financial operations. The
• Was not fully transparent on the anticipated project Supervisor serves as the chief
costs. As a result, original estimates were $9.8 fiscal officer.
million and increased by more than $3.6 million after
competitive bids were received. In September 2016, the Board

accepted an engineering and
Town officials did not: architectural proposal for library
renovation and construction of
• Ensure an itemized project budget outlining revenues
a community center and Town
and expenditures was maintained in the accounting
offices. The project was completed
records and periodically updated.
in June 2018.
Key Recommendations .
Quick Facts
• Prepare realistic estimates and ensure the project
Population 44,700
costs are clearly defined.
itial Estimated Project

• Prepare and approve an itemized budget, and amend $9.8 million
and update the budget as the project changes.
Final Project Cost $13.5 million

Town officials agreed with our recommendations and
indicated they planned to take corrective action·
Debt Issued $10.3 million
Audit Period
-
January 1, 2012 July 31, 2019
Office of the New York State Comptroller 1

Capital Project Management
How Should a Board Plan, Authorize and Monitor a Capital Project?
A governing board is responsible for the oversight and management of capital
projects, including ensuring that projects are properly planned and managed,
funding is authorized and costs are kept within the approved budget. The
board and town officials should monitor progress and implement necessary
manner.'
changes to ensure the project is completed in the most cost-effective
Proper planning of a capital project requires that the board have a thorough
understanding of the project's overall scope and estimated cost before authorizing
the project. Initial estimated costs must be realistic so a board can plan financing
and keep the taxpayers informed.
When financing a project with debt, a board must adopt a bond resolution at
the project's inception that includes, among other things, a statement of specific
objects or purposes or class of objects or purposes for which the obligations to
be authorized by the resolution are to be issued and a statement of the estimated

maximum cost and a plan of financing of the total cost. In lieu of this statement,
the resolution may specify that such information has been set forth in a capital
budget or in an appropriation for such specific or class of objects or purposes
or in a previously adopted bond resolution. After adoption of a capital budget,

the supervisor is responsible for properly recording the project budget and
subsequent financial activities.
The board should ensure that any changes to the project plan are within the
project scope or premise of the initial proposal and update the corresponding
budget. The board should ensure that all its actions and proceedings are
documented in official records to ensure transparency to taxpayers. The board

should monitor the status of the project by reviewing monthly financial reports that
compare actual revenues and expenditures to the related budget.
The Board Was Not Fully Transparent About the Project Scope and
Budget
The Board began planning a repair and maintenance project for the library in
2012, which expanded to a plan to construct a community center. According to

engineer2
the September 24, 2012 Board minutes, the Board requested the Town
to prepare architectural drawings and plans for the library as part of the overall
concept plans for the site.
In July 2014, the Board and engineer presented a plan to renovate the existing
library and include a 10,000 square foot addition. The Board minutes indicated
1 Refer to our publication Capital Projects Fund available at www.osc.state.ny.us/localgov/pubs/Igmg/capital-

projects-fund.pdf
2 The Town hired an outside engineer to serve as Town engineer.
2 Office of the New York State Comptroller

that the existing library (7,000 square feet) would be renovated at a cost of $175
per square foot and the addition would be constructed at a cost of $275 per
square foot, which we calculated at an estimated total cost of $3.9 million.
The Supervisor told us that in November 2014 a snow storm damaged the
building that housed the Town's recreation department and in 2015, another
building, which housed the Town's finance office, was found to have damage.
Due to concerns, the finance office was moved to a temporary location. The
Supervisor told us that it became necessary to address these issues by including
them in the capital project. Additionally, the Board wanted to create a community
center that Board members believed would be a catalyst for the Town's economic
development and growth.
The engineer prepared a preliminary estimate of $9.8 million for the community
center construction and library renovation project, which was presented to the
Board in March 2016. This estimate included such things as unfinished space for
future offices on the first floor, a community recreation room, first floor mechanical
room and unfinished space for a café. Based on this estimate, on May 23, 2016,
referendum3
the Board passed a bond resolution subject to permissive that
determined the estimated maximum cost of the project to be $9.8 million.
The project was to be financed by the issuance of up to $8.4 million in serial
bonds, application of $1.4 million in funding from the Town's equipment lease/
purchase agreement dated February 12, 2016, related to the Town's energy
performance contract dated November 15, 2014 (energy performance contract
funding), and application of any funding expected to be received from the
State for the project. The $9.8 million estimated maximum cost included $7.9
million for building repairs and construction and $1.9 million for furnishings and
contingencies. In September 2016, the Board formally accepted the proposal from
the engineer's firm to provide engineering and architectural services related to

the project; this proposal stated that the project budget was approximately $9.5
million.
The Board solicited bids in October 2016, which were received in November, and
awarded to five contractors on December 5, 2016. While the engineer's initial
estimate for the project was $9.8 million, the post-bid estimated cost increased
to more than $13.4 million, approximately $3.6 million more than the estimated
maximum cost established by the Board. According to a memo from the engineer
to the Board dated December 5, 2016, the bids were more than the initial
estimate because it was made prior to the addition of second-story office space
3 A permissive referendum is a ballot proposition submitted to qualified electors of the town at a special
election, to approve or disapprove a bond resolution that has been adopted by the town board. A permissive
referendum is held if the requisite number of qualified electors petitions the town board to hold the special
election for the ballot proposition.

and the high ceiling space for the recreation department. The memo stated that
the additional work would require an additional borrowing of $2.2 million.
The Supervisor told us this change allowed for the mechanical room to be
moved to the second floor, the addition of unfinished space for future offices on
the second floor and an increase in ceiling height for the recreation department
to allow for a half-court for basketball. However, Town officials were unable to
provide us with documentation showing, nor could we find evidence in the Board
minutes, that the Board adopted another resolution to effect these changes and
increase the estimated cost of the project before soliciting bids or starting the
project. However, the October 31, 2016 architectural plans provided to us by
the engineer included the additional work and these plans were included in the
contract documents provided for contractors to inspect when preparing their bids.
Figure 1: Comparison of the Board's Maximum Cost Estimates with Post-Bid

Estimates
Board Approved Post-Bid

Project Element Maximum Cost Estimate Difference
Estimate (May 2016) (January 2017)

Repairs and Construction $7,865,045 $11,895,100 $4,030,055
Furnishings and Contingency $1,967,000 $1,551,030 ($415,970)

Costs $9,832,045 $13,446,130 $3,6C
space,4
Although the initial plan included some first floor unfinished office we
question whether $3.6 million (37 percent) in additional costs over the original
estimate was within the overall scope of the original project plan established
by the Board and presented to the public. Town officials and the engineer were
unable to provide us with an amended budget reflecting the added costs due to
these changes.
The increase in cost, and the change in plan were documented in the Board
minutes only after the bids were received. Additionally, we found no evidence
that the engineer's memo explaining the increase in cost was made available to
taxpayers, because it was not documented in the Board's record of proceedings.
In addition, the post-bid project estimates and subsequently updated budget
were not prepared in the same itemized format as the original estimate. For
example, the original estimate itemized the different elements of the building,
thereafter updated estimates were presented based on total bid amounts for each
trade.5
contractor's
4 First floor cubicles and a mechanical room.
5 General, mechanical, electrical, plumbing and fire protection contractors.

After construction began, on January 18, 2018, the Board adopted a bond
referendum,6
resolution, subject to permissive authorizing additional financing
for the project with a revised estimated maximum cost of $14.9 million, or $5.1
million more than the initial cost estimate. The plan of financing included the
issuance of up to $5.1 million in serial bonds, in addition to the $8.4 million in
bonds previously authorized by the May 23, 2016 bond resolution, application of
$1.4 million in energy performance contract funding and application of $1.6 million
in grant funds expected from the State. Total financing sources included in this
resolution totaled $16.5 million (more than the project's estimated maximum cost
indicated in the resolution by approximately $1.6 million). Officials did not prepare
a detailed itemized budget in connection with this bond resolution to demonstrate
the reason for the increase in the estimated cost.
While the Board established financing sources needed to fund the project,
only the initial revenue and appropriation budget entries were recorded in the
accounting system. Subsequent budget changes were not recorded in the

system. As a result, up-to-date budget status reports could not be prepared.
Consequently, the Board was unable to effectively monitor the project by ensuring
financing sources were sufficient to fund expenditures or that the budget was
always in balance. After appointment in September 2017, the Director of Finance
manually prepared spreadsheets that were used by the Board and Town officials
to monitor the project.
Following the adoption of the January 18, 2018 bond resolution, in February 2018,
the Board was petitioned by residents seeking a referendum on that resolution. In
light of the petition, the Board passed a resolution on February 26, 2018 stopping
any further project expenditures, and directing the Town Attorney, the Director of
Finance and the Town's engineering firm to work with outside counsel, outside
accountants and project contractors to provide a report and recommendations
concerning the project, including the status of construction, costs incurred, legal
obligations and available savings from changes in the scope of work, among
other things.
Before the referendum could be held, the Board adopted a resolution on March
12, 2018 to rescind the January 18, 2018 bond resolution. As a result, residents
were unable to vote on that particular borrowing authorization. At the March 12,
2018 meeting, the Board adopted another bond resolution, subject to permissive
referendum, with an estimated maximum project cost to be approximately $13.4

million.
The revised financing plan included the issuance of up to $1.9 million in serial
bonds in addition to the $8.4 million bonds previously authorized by the May 23,
2016 resolution, application of $1.4 million in energy performance contract funding
6 This resolution was subsequently rescinded, as discussed below.

and $1.6 million in grant funds expected to be received from the State. The March
12, 2018 bond resolution included an estimated maximum cost for the project
that was $1.5 million less than the January 18, 2018 bond resolution's estimated
maximum cost of $14.9 million.
The Board minutes for the March 2018 meeting included the reports received
from Town officials requested by the previously discussed February 26, 2018
resolution. The report from the Town Attorney stated that the original bond
resolution was adopted before the final design and the project was publicly bid.
The report also indicated that $3.1 million of the $5.1 million proposed serial bond
funding on January 18, 2018 was to serve as money to be used to address cash
flow issues while waiting for grant reimbursement, and not the actual cost of the
project. If the Board intended to use $3.1 million for cash flow purposes, it was not
transparent to taxpayers because the increase in estimated cost to $14.9 million
made it appear to be necessary to complete the project.
Project Estimates vs. Final Cost
$14.9 million
$13.4 million $13.5 million
$13.4 million
$9.8 million
March 2016 2017 Post- 2018 March 2018 Final Cost

January January
Estimate Bid Estimate Estimate Estimate
The Town Attorney's report also stated that the $3.1 million intended for cash flow
purposes was no longer needed because certain grants had been received, which
the Town's consultants were unaware of. Therefore, the estimate of required cash
was overstated. We found that as of March 12, 2018, the energy performance
contract funding and one grant totaling $1.9 million were received and/or available
as of February 2016.
Further, the Town Attorney's report specified that the $14.9 million in estimated
cost was overstated by $1.4 million as costs related to the energy performance
contract funding was included twice after a miscommunication between the
engineer and bond counsel. The Supervisor and the engineer were jointly
responsible for preparing reports used by the Board to monitor the project and

it appears that they had adequate time to communicate accurate information to
the engineer and bond counsel. Additionally, if detailed itemized reports were
prepared, Town officials may have been able to identify and correct such reporting
errors. The other two grants totaling approximately $594,000 were received
on April 30, 2018, and two grants, totaling approximately $592,000, were still
outstanding at the end of our audit fieldwork.
When inaccurate costs are included in project estimates, there is an increased

risk that the Board may issue more debt than necessary. In addition, there is risk
the additional funding may be used for costs that were not in the original project
scope.
The Board and Town officials did not properly plan and manage the capital
project and clearly inform taxpayers when the estimated cost and scope of the
project changed. Had the Board provided more detailed and accurate budgetary
information and better explained how the financing sources would be used,
taxpayers would have been in a better position to make more informed decisions.
What Do We Recommend?
The Board should:
1. Prepare and approve an itemized budget and amend and update it as the
project plan changes.
2. Ensure all Board action and proceedings are recorded in the official Board
minutes to ensure transparency to taxpayers.
3. Ensure accurate cost estimate schedules or budgets are available in
connection with the bond resolution.
The Supervisor should:
4. Ensure complete and accurate accounting records are maintained and
provide the Board with monthly reports comparing actual revenues and
expenditures to budgeted amounts.

Appendix A: Response From Town Officials
vvESy
Office of the West Seneca Town Supervisor
Hon. Gary A. Dickson
February 24, 2020
Office of the New York State Comptroller

Buffalo Regional Office
295 Main Street, Suite 1032
Buffalo, NY 14203-2510
RE: Audit Response
To whom it may concern:
This Supervisor, having not been a Town official at the time of the project, recognizes the need
for greater transparency and more input solicited from the residents as it relates to the need and
expenditure for such a large capital project. There was no referendum for this particular project,
which would have provided the residents an opportunity to be heard as to whether they were in
favor of this particular project. The project grew in scale overtime, and in my opinion, falls short
of filling the Town's needs, especially for The Recreation Department. A hallway from the
community room to the main hall had to be added after the building was occupied, and the
second floor of the building was not completed during the construction.
The initial bond resolution for the Community Center and Library was based on the estimated
budget, as provided by the Town Engineers. After this resolution was passed, changes were
made to the original design due to the Town's loss of the Burchfield Nature Art Center's
building offices as well as some mechanical changes that were made to accommodate the
changes in design. As a result, when the Town went out to bid, the bids came back significantly
higher than what was estimated in the original budget. The initial bond resolution that was
passed provided adequate
funding to begin construction. Phase I of construction was required to
be completed by June 30, 2017, in order to qualify to be reimbursed by certain grant funding.
The Town did not pass the second bond resolution until the funds were needed to continue the
project. The Town was under a strict deadline for Phase II of the project
to be completed by June
30, 2018, in order to be reimbursed by the remaining grant funding that had been awarded. The
professional report that was issued in March 2018 recommended that the second bond resolution
be rescinded and that a new resolution be adopted. As a result of this funding, construction was
able to continue and the June 30, 2018 grant deadline was met.
8 Office of the New York State Comptroner

The Town acknowledges that during the initial phase of the project, the Board was not provided
with updated budget reports to monitor the cost of the project. The clerk who was responsible for
updating budget in the accounting system fell ill and was out for several months, eventually
passing away. During the course of the project, the Town held bi-weekly construction meetings
that included the Town Engineer and a representative from each contractor which were
monitored by Town Board Members and the Town Attorney in order to provide an up to date
status report of each component of the project. Further, in October 2017, the Town hired a
Director of Finance which replaced the Comptroller position which had been vacant for a
nurñber of years. By
filing this position, the Town now had a person to ensure the accounting
system was kept up to date in regards to the capital project budget. The Director of Finance
provided to the Board with detailed budget updates that were above the level of detail that the
reports ran from the software system was able to provide.
Corrective Action Plan
Moving forward, the Town is dedicated to ensuring public support and involvement in decision-
making for large capital projects. The Town will strengthen its internal controls surr0üüding the
Capital Project process and to ensure full
transparency to the public. As a matter of corrective
action, prior to beginning a project, a Capital Project Initialization Form will be required to be
completed including a detailed description of the project and an itemized proposed budget that
identifiesfunding sources for the project. This Capital Project Form will be included as an
agenda item at a Town Board Meeting subject to a Board vote prior to the project beginning.
Over the course of the project, periodic updates will be provided at Town Work Sessions by the
appropriate department heads. These updates will include all change orders that are approved so
that the public can be kept up to date on any and all changes that are made to the project as well
as budget status reports. The timing of these updates will be determined based on the length and
scope of the project. Upon completion of the project, a Capital Project Completion Form will be
completed including a surnrñary of the course of the project, the final cost of the project and the
statusof all funding sources. This Capital Project Completion form will also be included as an
agenda item to be accepted by the Town Board.
Sincerely,
Gary A. Dickson
Town Supervisor
. .
West Seneca Town Hall, 1250 Union Road, West Seneca, NY 14224
Office: (716) 558-3202 • Email: • www.westseneca.net
gdickson@twsny.org
Office of the New York State ComptroHer 9

Appendix B: Audit Methodology and Standards
We conducted this audit pursuant to Article V, Section 1 of the State Constitution
and the State Comptroller's authority as set forth in Article 3 of the New York
State General Municipal Law. To achieve the audit objective and obtain valid audit
evidence, our audit procedures included the following:
• We interviewed Town officials and reviewed Board minutes to determine

whether the Board adopted a resolution that established and identified the
project, authorized the maximum estimated cost and established how the
project would be financed, and to determine whether the Board and Town
officials prepared an itemized budget.
• We reviewed the available project budget to ensure the Board and Town
officials prepared a balanced budget and that the Town had adequate
financing sources to cover the estimated cost of the project.
• We reviewed Board minutes to assess whether the Board properly

established and documented bond resolutions.
• We assessed the adequacy of the monthly financial reports the Supervisor

and/or Town officials provided to the Board to monitor the project.
We conducted this performance audit in accordance with GAGAS (generally

accepted government auditing standards). Those standards require that we
plan and perform the audit to obtain sufficient, appropriate evidence to provide a
reasonable basis for our findings and conclusions based on our audit objective.
We believe that the evidence obtained provides a reasonable basis for our
findings and conclusions based on our audit objective.
The Board has the responsibility to initiate corrective action. A written corrective
action plan (CAP) that addresses the findings and recommendations in this report
should be prepared and provided to our office within 90 days, pursuant to Section
35 of General Municipal Law. For more information on preparing and filing your
CAP, please refer to our brochure, Responding to an OSC Audit Report, which
you received with the draft audit report. We encourage the Board to make the
CAP available for public review in the Town Clerk's office.

Appendix C: Resources and Services
Regional Office Directory

www.osc.state.ny.us/localgov/regional_directory.pdf
Ideas - advice and assistance on ideas

Cost-Saving Resources, cost-saving
www.osc.state.ny.us/localgov/costsavings/index.htm
Fiscal Stress - Resources for local government officials

Monitoring
experiencing fiscal problems

www.osc.state.ny.us/localgov/fiscalmonitoring/index.htm
Local Government Management Guides - Series of publications that include

technical information and suggested practices for local government management
www.osc.state.ny.us/localgov/pubs/listacctg.htm#Igmg
and Guides - Resources for multiyear

Planning Budgeting developing financial,
capital, strategic and other plans

www.osc.state.ny.us/localgov/planbudget/index.htm
Sensitive Data and Other Local Government Assets - A non-

Protecting
technical cybersecurity guide for local government leaders
www.osc.state.ny.us/localgov/pubs/cyber-security-guide.pdf
Required - Information and resources for reports and forms that are
Reporting
filed with the Office of the State Comptroller
www.osc.state.ny.us/localgov/finreporting/index.htm
Research Reports/Publications - Reports on major issues local

policy facing
governments and State policy-makers
www.osc.state.ny.us/localgov/researchpubs/index.htm
- Resources for local government officials on in-person and online

Training
training opportunities on a wide range of topics

www.osc.state.ny.us/localgov/academy/index.htm

Contact
Office of the New York State Comptroller
Division of Local Government and School Accountability

110 State Street, 12th Floor, Albany, New York 12236
Tel: 474-4037 • Fax: 486-6479 • Email: localgov@osc.ny.gov

(518) (518)
www.osc.state.ny.us/localgov/index.htm
Local Government and School Accountability Help Line: (866) 321-8503
BUFFALO REGIONAL OFFICE - D. Mazula, Chief Examiner

Jeffrey
295 Main Suite 1032 • New York 14203-2510

Street, Buffalo,
Tel 847-3647 • Fax 847-3643 • Email: Muni-Buffalo@osc.ny.gov

(716) (716)
Serving: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming

counties
f *
Like us on Facebook at facebook.com/nyscomptroller
Follow us on Twitter @nyscomptroller
"14"
Exhibit
WEST SENECA COMMUNITY CENTER TOWN BOARD PROCEEDINGS

West Seneca, NY 14224 March 19, 2020
Supervisor Gary Dickson called the meeting to order at 6:00 P.M. The Pledge of Allegiance
was led by Chief Denz.
ROLL CALL: Present -

Gary Dickson Supervisor
William Bauer Councilman
Joseph Cantafio Councilman
William P. Hanley, Jr. Councilman
Jeff Piekarec Councilman
Absent - None
Supervisor Dickson read the Fire Prevention Code instructing the public where to exit in case
• Motion Supervisor seconded Councilman to approve Minutes #2020-05

by Dickson, by Hanley,
of March 2, 2020.
Supervisor Dickson: For the benefit of the audience we cannot do the public hearings now because
this is a closed meeting. So we are going to start the hearings and then we'll just table them. We are
going to open them, but don't think we're pulling a fast one.
LEGAL NOTICES
1. Motion by Supervisor Dickson, seconded by Councilman Hanley, that proofs of publication and
posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL
PERMIT FOR PROPERTY LOCATED AT 1220 SOUTHWESTERN BOULEVARD, BEING A PART OF
LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR CONSTRUCTION
BUILDINGS"
OF THREE- TWO STORY, EIGHT UNIT APARTMENT in the Town of West Seneca
be received and filed.
Motion by Supervisor Dickson, seconded by Councilman Piekarec, to open the public hearing.
Motion by Councilman Hanley, seconded by Councilman Cantafio, to table the public hearing.


Page two...
LEGAL NOTICES (continued)
2. Motion by Supervisor Dickson, seconded by Councilman Hanley, that proofs of publication and
posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A HOME
STREET"
OCCUPANCY PERMIT FOR A HOME BASED RETAIL BUSINESS AT 55 SOUTH PIERCE
in the Town of West Seneca, be received and filed.
Motion by Supervisor Dickson, seconded by Councilman Hanley, to open the public hearing.
Motion by Councilman Piekarec, seconded by Councilman Hanley, to table the public hearing.
Supervisor Dickson: So now we're going to move onto a presentation of Councilman Bauer about the
Burchfield Nature and Art Center Repairs Project.
PRESENTATION OF DEPARTMENT HEADS
attachments*
Councilman Will Bauer: I'd like to have you look at some information I gave you. *See
There's photographs, there's descriptions of the work that have been investigated, and also there's a
cost breakdown analysis of the repair work. When we put this package together we took a look at all
the repairs that were going to be required and pretty much bid this job like it would bid a regular job
out in the private sector. We ended up breaking it down into a bunch of smaller parts and pieces and
we put the budget together that way.
This presentation and open discussion is intended to update the current town board and well as the
West Seneca residents as the outcome of our recent investigation of the current condition of the
Burchfield Art and Nature Center.
First a little background of the Burchfield building:

• The was constructed in 2000, for the West Seneca chapter of
building originally
Americorps utilizing federal grant money.
• The West Seneca chapter of Americorps was disbanded in 2010 and the was
building
turned over to the Town of West Seneca.
• In of it was discovered that the was some

January 2017, building experiencing
structural deterioration and the building was vacated by the town employees that
occupied it at that time.
• In March of 2018, a portion of the building that was safe to occupy was segregated off
and was again utilized by the Burchfield volunteer group.


Page three...
PRESENTATION OF DEPARTMENT HEADS (continued)
• In I reached out to a hand full of construction knowledgeable

mid-January 2020,
current town employees to meet at the Burchfield to inspect the structure and
brainstorm the most cost effective method to rebuild the damaged areas of the
building. After several on site meetings, we have pinpointed the needed repairs and
calculated the estimated costs to complete these tasks.
The intent of our efforts this year are to identify all of the repairs that need to be completed and put
our efforts toward just the structural deficiencies this fiscal year and complete the non-
repairing
essential repairs over the next couple of years. We are phasing these repairs in order to be fiscally
responsible to the town of West Seneca and to coordinate with the town's current cyclical work force.
The repairs in later years will be addressed in the fall for budgeting in the 2021 town fiscal budget.
The handouts that are available at tonight's meeting are a brief explanation of the areas of concern
that need to be completed in order to the have the main concourse and the east and west wings
repaired. The repairs are very detailed in the report as well as in the related cost estimate. I will
spare everyone from going through these estimates line by line, but I will give you a brief description
by area.
• East concourse -jack and stabilize the structure, remove and replace the exterior
up
walls, install new underdrain around the perimeter and restore the interior and exterior
wall coverings. Replace existing paver bricks on patio.
• Main concourse
- repair truss and drywall install planks
bracing ceiling, shiplap ceiling
and paint concourse.
• concourse - stabilize the remove and replace the exterior

West jack up and structure,
walls, cut down and regrade the exterior grade around the west end of the building
and restore the interior and exterior wall coverings
Schedule of work in 2020:
It is anticipated that the work on the east and main concourse may be completed by the end of
August 2020 with the remainder of the work on the west concourse to be completed behind the
existing glass wall in the main concourse by late October of 2020.
A critical factor in fact of this work being very cost effective and quickly executed is the cooper ation
and efforts of Brian Adams - Steve Amoia - Supervisor of Buildings and

Highway Superintendent,
Jeff Schieber - of Code Brian Cummins
- President of the CSEA Union and
Grounds, Enforcement,
Yetter - of the Burchfield". We must be cognizant of the fact that the town
Carol of "Friends
employees that are doing the work on the Burchfield all have regularly scheduled job duties that will
take precedence over the Burchfield repairs.


Page four...
Cost of work:
In 2017 and again in 2019, the town administration was supplied estimated repair costs of $500,000.
My project cost estimate for the repairs to be completed in 2020 is approximately $95,000.
There are rough estimates of $160,000 for work in 2021 for a new HVAC system and another
$100,000.00 for a reroof and attic insulation of the building from the original half million dollar
budget that need to be reviewed and fiscally examined.
Through recent meetings with Town Board members Joe Cantafio and Bill Bauer and our New York
State Assemblyman Pat Burke and his staff members we were able recognize the positive influence
that the Burchfield and its volunteers have on our community. NYS Assemblyman Pat Burke has
generously agreed to provide $100,000 to the Town of West Seneca for the 2020 structural repairs
to the Burchfield Art and Nature Center.
With this funding from Assemblyman Burke, we will be able to complete all of the structural repairs
to the Burchfield Art and Nature Center in 2020 at no additional cost to the taxpayers of the town of
West Seneca.
Burkes'
The West Seneca Town Board is very grateful for this funding as well as Pat continued
sponsorship of our needs in the community and his friendship with the residents of the Town of West
Seneca.
Supervisor Dickson: Thank you. Bill, from your experience in construction could you give just a very
rough idea of what it would cost if that building was torn down and rebuilt?
Councilman Bauer: I don't know that offhand, we had estimates back I think in 2017 and 2019; one
was a half a million dollars.
Councilman Hanley: Supervisor I don't recall what that number was but that was a discussion passed
about taking that building down and putting up a new type, maybe even a steel structure type, but I
don't think we ever went out for pricing on those.
Supervisor Dickson: Regardless it's a lot more. And this could be an opportunity to use state money
to repair it at a significant, really the cost of the town being the labor of our employees basically, and
potentially some future costs but those are all optional. So this works stops the deterioration, the
building has been deteriorating ever since it was discovered it was in bad shape and this stops all
that, is that correct?


Page five...
Councilman Bauer: That's exactly correct. We end up bringing the building back to its originals
condition when it was built. There's no remodeling, there's no upgrading, very minimal. The intent is
to bring it back to its original condition.
Highway Superintendent Brian Adams: It all has to do with going through the prior designs with
Councilman Bauer and a few other town employees; you know we've noticed a lot of issues when it
was originally constructed and so by us going in to do these repairs and we can add some
preventative steps as well so we know that no weather or any type of future issues would occur.
Councilman Piekarec: On your request to approve it on your email you don't list a specific amount on
that request are we just simply approving tonight for 2020 or are we doing all three years of the life
of it? Are we going to put a cap on it or...
Councilman Bauer: The intent is to just do it for 2020 with the budget of approximately $94,000 and
the money from the State Assemblyman of $100,000 for the budget.
Councilman Piekarec: Are we fronting the money then getting from the state after that or no?
Councilman Bauer: Yes we are. We have a letter from the Assemblyman authorizing the payment.
We talked to Megan Wnek, the Director of Finance, and she said that's all we need to go forward
with that.
Supervisor Dickson: My preference would be if we, because the public hasn't had a chance to see
this is that correct?
Councilman Bauer: That's correct.
Supervisor Dickson: Maybe we could put it online and then actually vote on the decision at the next
Town Board Meeting which is only a week from Monday so ten eleven days something like that.
Councilman Bauer: That's fine. And also to finish the answer for your question they have budget
numbers they had put out there for the HVAC system upgrades for next year. The system's still
running but it's pretty much on its last legs and per the design part of the problems we're having is
the design of the HVAC system in the attic and that's having an effect on the ice on the building and
the roof section. So we'll address the 2021 and 2022 budgets the same way we addressed the 2020
budget by having a group of us get together, take a look at it shop it out the best we can find out
what we can utilize our town work forces to do as much work as possible to save some money.
Councilman Piekarec: That $94,000.00 is only for materials it does not include any of our town labor
that's already been budgeted correct? We're not using any overtime for this?
Councilman Bauer: No, the intent is not to have any overtime on there.

Page six...
Highway Superintendent Brian Adams: Yeah Jeff as we discussed prior that we know that the
Burchfield project is a priority, and you know it's been kind of sitting at a standstill for quite some
time.
Councilman Piekarec: We do have other priorities in town, too; sewers, roads, taxes...
Highway Superintendent: We do, 100 percent, as I was going to finish, state that we have an
obligation to the residents to also perform those duties on the road, but we can delegate work to the
Burchfield project on a need be basis and without causing any disruption to any other service in
town. But that would be more of a second priority to road projects and other things like that.
Supervisor Dickson: And plus it's really not certain if it's approved when it would start given the
current crisis, things are very flexible.
Councilman Piekarec: So you'll put through an amendment to the communication before approval in
which we put through a cap of $95,000 or $100,000 in spending? There's no actual number amount
in the resolution and we further (not audible).
Highway Superintendent Brian Adams: What was the, I didn't see the commitment letter from
Assemblyman Burke.
Councilman Piekarec: Well we do have a commitment letter but that's not the actual formal
resolution on it to approve it right now. Right now it just basically says for approval to proceed but it
doesn't put a capped amount or anything like that.
Supervisor Dickson: At the moment there's not a motion to do anything, so we can just say if
everybody's fine with it we can just do a formal resolution for the next Town Board Meeting, if that's
ok with everybody?
Councilman Bauer: Yeah, that's good.
Supervisor Dickson: Amy, can you put this either independently along with or with Assemblyman's on
the webpage or maybe even attach as part of the agenda for this one, so it's available soon?
Town Clerk Kobler: We can do both, independently and yes.
Councilman Piekarec: Or we can put it on for the minutes for this meeting or the agenda for the next
meeting I think would work; before we vote on it.
Supervisor Dickson: Good.


Page seven...
Councilman Cantafio: If I can just add something. I, not being in the construction business, I was so
impressed, the way that Bill was able to bid this whole thing out like a job. The amount of money
we're going to be able to save and I'm sure that was in large part why Assemblyman Burke was able
to get money because he saw down to the dollar what was needed by the many, many years of
construction that Councilman Bauer had. I just appreciate the efforts of Councilman Bauer and our
Highway Superintendent Adams and the CSEA and Assemblyman Burke putting this all together
because I just know one of the things I heard and that I have heard for many years is about the
Burchfield and here we are in March and you already have a solution for us at no additional cost for
the tax payers, so thank you for your efforts on that to all of you.
Supervisor Dickson: Next up is the public comment on communications, so Mr. Najm if you have any
public comments that were received by email or public comments that were received through our
Facebook Live please go ahead and ask them and well answer them.
Brendon Najm: We received one public comment emailed prior to this meeting beginning, it's from
Susan Kims, 99 Covington, I will try and do her justice here, it says:
"I would like to express a huge Thank You to Supervisor Gary Dickson along with Councilmen Jeff
Piekarec, Joe Cantaflo, Bill Bauer and Bill Hanley for their work on behalf of the residents to move the
town in a positive direction.
The Town of West Seneca is facing many financial hurdles in the upcoming year. Negotiations will be
ongoing with both the Blue Collar and police Unions whose contracts are due to expire December 31,
2020. These negotiations need to represent fairness to our Town Employees while being mindful of
any new Tax Burdens which would then be imposed on each and every resident of the town.
Repairs to the Burchfield Nature and Art Center building will be necessary to prevent further
deterioration and protect our investment in the building. The Burchfield has been a wonderful
resource and asset serving our residents as well as bringing tourists into our town. Many residents I
have spoken to have expressed they would like to see the Burchfield used as it was in the past.
It is also my hope that this Town Board will continue to maintain the openness and transparency
far."
which we have see thus
There's no actual question, but she did want to provide that comment.
Supervisor Dickson: Thank you Mrs. Kims.


Page eight...
Brendon Najm: I've been keeping an eye on the Facebook comments. There is a bunch of comments
about different opinions on the Burchfield building. Many are complimentary of the report that was
provided. There's conversations going back and forth with the people on Facebook group comments
but I don't see any actual questions at this time, we might circle back at the end of the meeting and
see.
Councilman Hanley: Thank you Brendon.
Supervisor Dickson: Moving on to new business.
PUBLIC COMMENTS ON COMMUNICATIONS
NEW BUSINESS
6-A COMMUNICATIONS
1. Councilman Bauer re We've done number one, kind of a duplication of the
Burchfield Nature and Art presentation.
Center Repairs
2. Principal Engineering Motion by Supervisor Dickson, seconded by Councilman
Assistant Ronald Pfell re Hanley, to set a bid date of Tuesday, April 14, 2020 at 10
Sidewalk Replacement A.M. for the Sidewalk Replacement Project, noting

Project bid date specifications will be available in the Town Clerk's office
March 26, 2020.
On the question, Supervisor Dickson stated this is to find a contractor that is reliable, at a
good price, that if a resident wishes to use that contractor to repair their sidewalk they can a t
a set price or they can find their own.


Page nine...
6-A COMMUNICATIONS (continued)
3. Highway Sup't. re Retirement Motion by Supervisor Dickson, seconded by Councilman
of John Pangallo as Highway Hanley, to accept the retirement of Highway Heavy Motor
Heavy Motor Equipment Equipment Operator John Pangallo effective March 31,
Operator 2020 and authorize the Supervisor to complete and sign
On the question, Councilman Hanley wished John Pangallo a long and happy retirement.
Supervisor Dickson: And we're sorry he couldn't be here so we could thank him in person.
4. Highway Sup't. re Motion by Supervisor Dickson, seconded by Councilman
Appointment of Matthew Hanley, to terminate Matthew Schultz as Sanitation
Schultz as Sanitation Motor Laborer and appoint him Sanitation Motor Equipment
Equipment Operator Operator Group 7, Step 3, at a rate of $24.90 per hour as
per the Blue Collar Union Contract effective March 20,

2020 and authorize the Supervisor to complete and sign
5. Highway Sup't. re Motion by Supervisor Dickson, seconded by Councilman
Attendance at CSEA Hanley, to authorize Brian Cummins and James Nicholas
Statewide Conference on to attend the CSEA 2020 Statewide Conference on
Occupational Health & Occupational Safety & Health, April 17-19, 2020, per the
Safety safety agreement with the town and paid through the
CSEA.
On the question, Councilman Cantafic asked Highway Superintendent Brian Adams if they're
going to get information here they are going to bring back to the town employees, this is very
valuable to our employees.
Highway Superintendent Brian Adams: That's correct. As I've stated before in previous
meetings I'm going to take full advantage and grant every employee to take opportunities for
different safety training, but yes, this is a tentative program depending with everything going
on now this may not be happening but I'm sure they will reschedule because safety is a big
thing within the CSEA and it's going to be amazing, they'll be able to come back and teach
training classes.

Page ten...
6-A COMMUNICATIONS (continued)
Councilman Cantafio just want to thank Jim and Brian for their willingness to do that and bring
it back to our employees in West Seneca.
Supervisor Dickson: And I'll add that it's my personal observation that our Highway
Superintendent Brian Adams has been very forward leaning and aggressive in getting as much
safety training for his people as possible.
Ayes: AII Noes: None Motion Carried
6. Recreation Supervisor re Motion by Supervisor Dickson, seconded by Councilman
West Seneca Fire District #1 Hanley, to authorize the Supervisor to execute the
(Winchester Hose -
Co.) necessary documents to enter into an agreement with
Diamond Use 2020 West Seneca Fire District #1 (Winchester Hose Co.) for
use of town ball diamonds during the 2020 season.
7. Recreation Supervisor re Received and filed.
West Seneca Kiwanis -

Club
Easter Egg Hunt 2020
Let's Get Moving (April/May)

Program
Mathletes 5K - April 25,

2020
6-B PROPOSALS FOR DISCUSSION
= Supervisor Dickson re Creation of a local law to provide healthcare to all appointed and
elected employees was tabled.
6-C REPORTS
= M. Town Clerk's report Receiver of Taxes report

Amy Kobler, February 2020, February 2020,
and Return of Tax Collection Report received and filed.
Jeffrey Schieber, Code Enforcement Officer, building & plumbing reports for February 2020
received and filed.

= Megan Budget Report as of 2020 received and filed.
Wnek, Monitoring February 29,

Page eleven...
6-C REPORTS (continued)
Supervisor Dickson: I will note that there are a couple of lines that appear to have spent more
than they were allotted, that would be on page 7, the contractual under Engineering Continual
Education; and then on page 22, the Garbage Part-time Salary line is a starting, looks a little high.
Councilman Hanley: That is correct Supervisor, you mentioned in an email that the first quarter's
reports are pretty vague, there's a big distance and they're not really good numbers in the first
quarter.
6-D APPROVAL OF WARRANT
Motion by Supervisor Dickson, seconded by Councilman Hanley, to approve the vouchers
submitted for chargeable to the respective funds as follows: General Fund -

audit, $603,517.52;
Fund - Capital Fund - Sewer - Electric
Highway $201,233.23; $887,199.32; Fund $54,467.67;
- (vouchers 6531 -
Lighting $13,821.55 11355)
ISSUES OF THE PUBLIC
Supervisor Dickson: Mr. Najm, have we received any questions or statements?
Brendon Najm: No new questions, a few statements. Many people are a fan of the live streaming and
they want us to keep doing it, we'll have to keep live streaming our meetings, but other than that I
think we're good.
Councilman Piekarec: Brendon, just to bring up real quick on the live streaming, you are, we are
getting a camera here so it should actually make it a little easier for us to do that so we're not having
so many problems that we did before on the iPad?
Brendon Najm: Right, that's correct we have a Panasonic that has been ordered, a cam corder to
help us record and possibly broadcast at the same time our meetings. Unfortunately, due to the
health crisis, the delivery of that camera has been delayed but we are anticipating it will arrive soon
and will greatly help our ability to connect with the public.
Councilman Piekarec: And the camera was at a pretty low cost, if I'm not mistaken?
Councilman Piekarec: It should make the public happy.


Page twelve...
ISSUES OF THE PUBLIC (continued)

Supervisor Dickson: and that also, we will avoid any problems like we've had in the past, memory
issues corrupting the entire file and things like that?
Brendon Najm: Correct, we will be able to record our entire feature length film size Town Board
Meetings just fine.
Councilman Piekarec: Let's hope they're not that long meeting.
Supervisor Dickson: We'll just start down at the end of the table and do the presentations by
anybody who wishes to, starting with our Town Attorney Ms. Hawthorne.
Town Attorney Tina Hawthorne: I have nothing for tonight.
Supervisor Dickson: Thank you. Mr. Highway Superintendent?
Highway Superintendent Brian Adams: I really don't have anything new to report I just wanted to
kind of give a little shout out to the Highway Department and Sanitation Department for the work
they do on a daily basis along with the Police Department along with everybody else that's been
reaching out to us and seeing if we need anything, how we're doing, how we're holding up. It's times
like these when everybody kind of comes together it makes you feel good and our guys and the
employees of this town they do a tremendous job.
Councilman Bauer: Brian, could you give us updates on how many are laid off and who are still
working?
Supervisor Dickson: Nobody's laid of f .
Highway Superintendent Brian Adams: Nobody's laid off , we are complying with the Governor's
Executive Order to try and reduce the amount of people/employees under one roof at one time so
we have a shift differential and they're kind of splitting and rotating that. Sanitation's doing a heck of
a job though, they're full force still making sure everybody's garbage and recycling is picked up. So
services may be delayed a little bit as far as some of the brush pick up and things like that but we're
taking everything one day at a time.
Councilman Bauer: Thank you.
Supervisor Dickson: Mr. Cantafio?


Page thirteen...
Councilman Cantaflo: I just want to echo what Brian said to all the town employees, especially
our highway and Police Chief Denz and all of your staff that are prepared for the worst and
allowing most of us to pretty much do what we have to do. So I commend you and thank both of
you for your leadership and all the town employees that have found ways to make this work
during this challenging and unprecedented time. So thank you for that and I commend your
leadership on that, too.
Supervisor Dickson: Mr. Piekarec?
Councilman Piekarec: I want to echo some of those comments. I want to thank our Supervisor,
our Police Chief, and all of our staff for their hard work, our Highway Superintendent up and
down the line. It hasn't been an easy couple of weeks and it probably won't be an easy couple
more weeks. I also secondly did want to mention that with all the restrictions some of our
businesses are hurting. I'd like to encourage you especially our restaurants and bars, particularly
our locally owned ones are really hurting bad right now so if you are healthy they are offering
take out, I'd encourage everyone to take advantage of that we have a lot of great ones here as
much as people like to lament that we don't, there are more than you think if you look around.
Supervisor Dickson: Thank you, for my part Saturday was a normal day, Sunday started as a
normal day, and ended as a very abnormal day. Monday was a very and it's been abnormal ever
since. So in compliance with the Governor's orders, we have reduced staff significantly. However,
the departments that are critical to the safety and security of our town are operating as Brian
said at 100% and in some cases even at 110%, and those are Sanitation, Sewer, and Police. The
Highway is at about 50% or a bit less. And all the other departments every department that's in
Town Hall or in this building is operating with one person at a time. All Town Hall is open by
appointment. So call ahead and someone will help you with whatever service you require or call
me that would be fine too. So next up, Mr. Bauer?
Councilman Bauer: I have nothing additional at this time.
Supervisor Dickson: Mr. Hanley?


West Seneca, NY 14224 March 19 , 2020
Page fourteen...
Councilman Hanley: Two topics, Supervisor. I was informed today the Odenbach Tournament
w as cancelled, that's the first week in June. That's a $7,000 revenue loss to the town; we won't
be receiving that money this year. And as we prepare as you go through your reports, looking at
your budget that's going to be coming up, last year's budget the budget line is for $13 million
dollars in anticipated revenue, that's going to be impacted severely. So when you start looking at
your lines for the budget this year I'm not sure how that, we look at state aid, federal aid , all the
aid we can get we were anticipating $13 million I think that's going to come in short this year,
just think of that when you're looking at your budgets.
Supervisor Disckson: Thank you. And Town Clerk Ms. Kobler?
Town Clerk Amy Kobler: We are open. We are just asking residents to call and then we're doing
things over the phone and over the internet for people. We are one person in the office so be patient
if we don't answer right away. And the other employees are rotating out working at home. And thank
you to the Chief and his department.
Supervisor Dickson: Thank you. Chief Denz?
Chief Denz: Thanks for saving me for last because this is where all the excitement lies. Obviously we
are under the national COVID-19 state of emergency. Just to give the public and the fellow Town
Board members here , not that I am a Town Board member, kind of an update of where we are. As
the Supervisor has we said we changed some internal operational procedures and work schedules,
this is going to help us reduce the risk to our employees and the public in general of COVID-19
exposures. Again to be in compliance with the Governor's Executive Order to reduce staffing I met
with the Supervisor this week and we agreed to allow the police clerical staff to work from home.
This has also vetted out some technical issues we've had, IT get to that in a second. Because the
clerical staff is working off site right now, we've suspended all requests for records, copies of police
reports, and FOIL inquiries until further notice. If you have a vehicle accident you can obtain a copy
of the vehicle accident at our front desk. We are hoping that by mid next week you will also be able
to acquire the regular police reports from the front desk as well. Our logistic and technical issues,
remote access, we were woefully short and caught by surprise of having laptops that can be taken
out. We did have four, they were always distributed strictly for police use , and we are reworking
those as we speak. Mine, the Assistant Chief's that we frequently work remotely with, two from the
Detective Bureau we're reworking those. The clerical staff will be in tomorrow to get some quick
training on operational features of those and sent on their way. And we've also, because of traffic
and everything that's going on in our desk area we have got some problems with our PC's and our
dispatch area, however, we're working through that. We're going to be putting in for some laptops
and some replacement PC's in the near future. We have our vendor working on that right now, as
you can imagine there's a shortage across the country due to both demand and the supply line. We
some particular laptops to do our

Page fifteen...
remote access because of encrypted programs that we use so we're working on that. Hopefully,
because of the next item there will be a no cost item strictly to the town, we worked this week
closely with our Emergency Operations Personnel and Supervisor Dickson, we got the paperwork in
for our local State of Emergency Declaration for COVID-19. This is basically an administrative
process; we are in no worse shape because we did a state of emergency. In fact, we were one of the
first communities to declare the state of emergency. And what that does is a couple of things, most
importantly it gives us direct access to FEMA assistance, through funding and equipment. We are
able to interact with the New York State Emergency Operation Centers, the County Operation Center
by doing that. It puts into a special program, where we're able to get equipment. We were just able
to, one of the first communities, to get some of the hand sanitizer and other cleaning materials that
Governor Cuomo made available and that was due to being under our state of emergency. A second
thing that it does, importantly, is it suspends portions of the Collective Bargaining Agreements.
Particularly in the areas of scheduling and deployment of personnel. It gives us the flexibility, both
me and Brian, to be able to push our, that's not the correct word, move our people our around, we
don't push our people around. We move our people around to get the best coverage and flexibility
that we can. So far we've had no infected employees and nobody out right now on sick leave.
Hopefully it would keep it that way, but under our state of emergency if we were to start losing our
personnel rapidly due to infection we'll be able to shuffle people around outside the parameters of
12th
the CBA's. As you can imagine it's been a fairly busy week for me, as well. It started on March
and I Went to for our New York State's Chiefs of Police as I am one of the Vice-
13th, Albany meeting
Presidents, statewide we have quarterly meetings that was already rescheduled. However as we got
there, as you can imagine, the COVID-19 was just hitting downstate and very heavily. My colleagues
downstate were going by the seat of their pants to set up all the protocols and pretty much due to
their hard work downstate we have benefitted up here. I was able to bring back a lot of information
to get us prepared and ready to move right away because of that. Yesterday I had a meeting with
our CPS Board of Trustees and we discussed Academy operations, County wide operations that are
being impacted by all this. Immediately following that about 3 o'clock in the afternoon I was in
Amherst to meet with our collective Erie County Chiefs of Police group where we talked about mutual
aid agreements, protocols, and we are all on the same page. That developed into a call with Dr.
Burstein from Erie County Health today where we got additional guidance on things we need to do to
keep everybody safe. I've had daily briefings and strategy planning with my command staff. I've
pretty much been every day with the Town Supervisor to keep him abreast. I've been trying to keep
the Town Board in the loop the best I can. The last thing I'd like to say on behalf of the Police
Department, I'd like to give a shout out to Councilman Cantafio, he went way out of his way to use
his contacts to get us cleaning supplies and desperately needed hand sanitizers through his contacts
with the school district. I want to thank Matt Bystrak, as well, he dropped off, they were able to, I
don't know how they got it or where they got it, but they were able to supply individual hand
sanitizers for each officer that works for me and it was extremely appreciated during this time. I
personally want to thank all the Town Board members and Supervisor Dickson for working

Page sixteen...
through this process. We are just starting to get into this; we are nowhere near being in the middle.
I think downstate they are starting to wind down, but as it travels you know it's kind of a like a
weather pattern we're going to catch it next. So, hopefully we'll be in good shape as we move
forward. And I have full confidence in my team that we will provide the best services we can along
with the fire services in the town we've been dealing with. So thanks for everybody's patience and
we'll do our best for you.
Supervisor Dickson: Thank you Chief. And I'd like to add that you know, this is a first for everybody.
There's nobody that has any experience with a pandemic but what this is showing that the past
planning for crisis events experiences of other events, maybe more weather, related is bearing fruit
and I think everyone's working very well together despite, you know occasionally tempers will flair
because everybody wants to do the right thing and everybody is very passionate about finding the
right solution and at the end of the day that's what it's about and everybody has the same goal it's
the safety of oumesidents.
EXECUTIVE SESSION
Motion by Supervisor Dickson, seconded by Councilman Hanley, to recess to executive session to
discuss pending PBA negotiations, upcoming Blue Collar negotiations, and candidates for the Ethics
Board and the Environmental commission, and our HR company.
ADJOURNMENT
Motion by Councilman Hanley, seconded by Supervisor Dickson, to adjourn the meeting at 7:03P.M.
AMY M. KGUBLER, TOWN CLERK

THE ASSEMBLY COMMITTEES

Banks
ChildrenandFamilies
STATE OF NEVV YORK Environmental
Conservation
'°°ª G°^°'"*°ª''
ALBANY
Tourism,Parks,Arts and
, SportsDevelopment
PAT BURKE
Assemblymember142"' District
Erie County
March 19, 2020
Town of West Seneca
Attn: Councilman Joe Cantafio
1250 Union Road
Dear Mr. Cantafio,
I am proud to have designated a total of $315,000 in State and Municipal funds for various projects
in the Town of West Seneca, each of which have been specifically requested and outlined by the
Town and reviewed by my office.
$100,000 of this allocation is to go toward the restoration and re-opening of the Burchfield Nature
and Art Center on Union Road. Councilman Bill Bauer has provided plans that include timelines,
costs, and a detailed outline of the work that will be completed with this grant.
At this time, the application for this funding has been submitted to the New York State Assembly
by my office. Moving forward, the process of reviewing, approving, and receiving the funds will
be strictly between the Dormitory Authority of the State of New York (DASNY) and the Town of
West Seneca. While this process can be lengthy, my office is always available to provide guidance,
so please do not hesitate to reach out.
I look forward to the completion of this project and to working together in the future.
Sincerely,
Assemblyman Pat Burke

142- District
Assembly
ALBANYOFFICE:Room 323, LegislativeOfficeBuilding,Albany.NewYork12248/ 518-455-4691/ FAX:518-455-5238

DISTRICTOFFICE:1074UnionRoad,West Seneca,NewYork14224/ 716-608-6099/ FAX:716-671-8291
EMAIL:burkep@nyassembly.gov
2001WMÓN ROA D
BUREifFiFI ONAC.olm
PROPOSED REPAIRS
BURCHFIELD NATURE &

ART CENTER
2001 Union Road
3-10-20
OVERVIEW
The Burchfiled building is currently in a state of disrepair. The building is currently

limited in its occupancy and functionality. There are numerous items throughout the
entire building that must be addressed in order to restore the function of the Burchfield.
The intent of these documents is to provide a detailed list of anticipated repairs, quantify
some of these issues and detail a schedule of repairs.
ROOF:
The shingled roof is in need to repair. This is due to the age of roof and subsequent
damage sustained from years of leaking.
SIDING:
Due to the proposed repairs outlined in this report, the exterior siding should be replaced.
There are various areas that are damaged. We would then have to find materials to match
the siding. In addition, it appears poor workmanship led to numerous areas of rot around
windows.
INSULATION:
There are various issues that exist with the current batt insulation installed. There are
pieces missing, lack of vapor barriers and lack of quantity of insulation throughout the
building. The intent is to remove all the batt insulation and have all areas sprayed with
open / closed cell foam insulation. This would eliminate a vast amount of minor issues,
but also add a tremendous amount of benefit to the roof areas. By having a greater R
value in roof area, this may allow the existing air handles to remain and not cause ice
issues.
HVAC:
There currently exists 2 air handles located in the attic area. A determination has to be
made if these can be utilized, repaired, and are capable of operating for numerous years.
If this is not feasible, new HVAC equipment may be required.
GALLEY SPACE LOCATED ON EAST SIDE

General Scope of work:
Demolition:
1. Shore up existing flat roof
2. Support exist LVL beam. Install adjustable steel columns
3. Jack up LVL beam as required to return to approx level
4. Windows to be saved for potential reinstall
5. Existing concrete slab to remain, protect during demo
6. Selective demolition in existing vestibule walls
7. double door located on North side to be removed and saved for re-
Existing entry
install
8. Remove and cap electrical as required
9. remove and cap HVAC as required
10. remove and cap fire alarm devices as required
Reconstruction:
1. Install new formed concrete around perimeter of galley space. Install rebar
vertically, drill & pin into existing foundations

2. Height of concrete wall to be determined based upon window framing
3. Install new wood framed 2x wall at new exterior. Wall to have tyvek wrap, batt
insulation, vapor barrier and gyp board.

4. re-install existing dbi glass & aluminum doors
5. install new, or reused, dbi hung windows. Qty, size and location TBD
6. Exterior siding to be installed
7. install new electrical as req'd
8. Wall to have batt insulation, vapor barrier and drywall
9. new carpet, base trim & paint
10. remove existing pavers from vestibule wall, around former galley space to allow
4"
the installation of new drain tile & stone. Connect to existing storm line,
location TBD. This drain line should extend across the entire East side off office
area as well.
11. re-installation of landscaping to be addressed at a later date
a a g Agg
EAST GALLEY AREA:

TO BE REBUILT
. - a
EAST GALLERY
SUPPORT EXIST
. . JACK UP AS
BEAM,
M REQ'D TO LEVEL
VESTIBULE
WALLS TO DE
REPAIRED
GALLEY SPACE CEILING-DORMER AREA ONLY

Demolition:
1. clean up existing drywall on ceiling
Reconstruction:
2. re-install batt insulation in roof framing where it was previously removed
3. ensure vapor barrier in place
4. re-install drywall in areas where previously removed
5. plaster & sand drywall patches
6. install whitewashed ship lap 1x wood board on ceiling of dormers
7. whitewashed trim to be installed @ all corners and as required
8. re-caulk around joints where existing decorative wood trusses meet drywall
9. repaint existing decorative wood trusses
10. repaint galley ceiling
GALLEY CEILING
TO RECEIVE
WHITEWASH
. PLANK
GALLEY
CEILING
DRYWALL TO
. BE REAPIRED
TRUSSES TO
BE RE-
PAINTED
LLEY SPACE -GLASS WALL

Demolition:
1. shore existing wall and glass above to prevent damage
8'
2. remove existing height glass wall & door
Reconstruction:
1. prep existing opening to accept new sliding doors & window
2. style and size of door to TBD
3. size and location of fixed pane glazing TBD
GALLEY
GLASS DOORS
.
TO BE
REWORKED
GALLEY SPACE LOCATED ON WEST SIDE

Demolition:
1. re-grade exterior of site along building on West side
12"
2. remove approx of earth around building
3. shore up existing roof framing
4. remove exterior walls and windows
5. save window for re-installation
6. Remove and cap electrical as required
7. remove and cap HVAC as required
8. remove and cap fire alarm devices as required
Reconstruction:
4"
1. install 2 courses of cmu on existing foundation shelf. Install rebar pins and
grout solid
2. build new 2x4 exterior wall on top of new cmu blocks
3. re-install windows or replace with new
4. exterior siding, as selected
5. batt insulation, vapor barrier & drywall
6. re-install electrical as determined
7. new ceiling lighting as determined
8. re-insulated ceiling to ensure adequate R value and proper vapor barrier installed
9. new 2x4 acoustical ceiling grid & tiles system
10. paint, carpet, trim
I1. ROOF OPTIONS:
a. Existing roof to remain. Apply new rubberized coating over existing
rubber roof.
b. Construct new wood framed gable style roof that would eliminate flat
roof.
WEST GALLEY AREA:

SHORE UP ROOF, REPAIR
EXTERIOR WALLS WITH NEW
FRAMING & WINDOWS
ggg
EBRBj
WEST GALLEY AREA:

REGRADE EXTERIOR
gER ERE -
REE BB EE
WEST GALLEY AREA:

REGRADE EXTERIOR .
OFFICE AREA
1. the work in this area will have to be determined
2. the exterior grade of property needs to be lowered to reduce water contact
"15"
Exhibit
ERIE
ERIE COUNTY COMPTROLLER

HON. STEFAN I. MYCHAJLIW
March 20, 2020
Honorable Erie County Legislators

Erie County Legislature
-4th
92 Franklin Street FlOO
RE: Coronavirus Pandemic Impact on Sales Tax Revenue
Dear Honorable Members:
As the County of Erie continues to manage operations during this Coronavirus crisis, it is critically
important as the Chief Fiscal Officer to be cognizant of the potentially drastic financial toll this could
have on our budget as it relates to the loss of sales tax revenue. This could impact revenue for the
County of Erie, Cities, Towns, Villages, School Districts and the NFTA.
It is possible plummeting markets on Wall Street and private sector layoffs will negatively impact state
and county finances. Because New York State historically is two months behind in reporting sales tax
revenue and at this point we still have no idea how long this pandemic will last, the potential economic
ramifications could be felt for a long time.
What we know today is that the federal government will continue to run record deficits. New York
State, already faced with a budget deficit of at least $6 billion for the fiscal year beginning April 1, may
now see that budget gap double, or worse. State Comptroller Thomas DiNapoli estimated at the start of
this week that tax revenue losses for New York State could be anywhere from $4 to $7 billion, bringing
our state deficit to almost $14 billion. To give you an idea of the wild swing in earnings this coronavirus
has brought to our doorsteps; Governor Andrew Cuomo HAD estimated $87.9 billion in sales tax
revenue coming in for that period. His proposed budget of $178 billion for FY 2020 heavily relied on
those numbers.
Erie County's budget has always been precariously balanced with economic dependent revenues and
expenses. But now, if the County experiences a decline in sales tax revenue, as well as other revenue
sources such as bed tax and property tax payments, that could have a devastating impact on Erie County
government.
If vendors are allowed to delay sales tax payments because of their mounting fiscal challenges, that will
also mean less revenue sent to us. If there are extensions allowed on the tax filing deadline, that will
equate to a delay in tax revenue. While the Office of Erie County Comptroller is responsible for cash
flow management, we can only manage the amount of cash provided to us. We could see a return to
OFFICE OF ERIE COUNTY COMPTROLLER STEFAN I. MYCHAJLIW • 95 FRANKLIN STREET • ROOM 1100 • BUFFALO, N.Y. • 14202
PHONE: (716) 858-8400 • FAX: (716) 858-6195 • E-MAIL: COMPTROLLER@ERIE.GOV
WHISTLEBLOWER HOTLINE FOR REPORTING WASTE, FRAUD & ABUSE: (716) 858-7722 OR E-MAIL: WHISTLEBLOWER@ERIE.GOV
Page 2
Crisis"
drastic action taken during the "Red/Green Budget where bills can no longer be paid, and the
County of Erie would be forced to prioritize who gets paid and who does not.
As you know, Social Services constitute the vast majority of the county budget. With restaurants,
arenas, sports facilities and malls closing, and hotels with no guests, there could be a reduction of
revenue coming in. It also means people are losing their jobs. With waiting periods for unemployment
filing eliminated, and the need for services and SafetyNet increasing, those expenses will inevitably
increase considerably.
Because of these numerous factors, I can report that a decrease in County share of sales tax 10-50%
would equate to anywhere from $16 million to almost $80 million just through the month of June. The
losses could be even higher. We will not know exact numbers until they are provided to the County of
Erie by the State of New York.
If sales tax for the month of March 2020 dips by these percentages, here's what the loss could be:
• 10% reduction: loss of $ 3,586,406
• 30% reduction: loss of $10,759,217
If sales tax for the month of April 2020 dips by these percentages, here's what the loss could be:
If sales tax for the month of May 2020 dips by these percentages, here's what the loss could be:

Page 3
If sales tax for the month of June 2020 dips by these percentages, here's what the loss could be:
At best, the loss of revenue to the Erie County budget could be $15,991,637, representing a potential
drop in sales tax revenue by 10%. A catastrophic 50% loss in sales tax revenue would be $79,958,184.
To put that in perspective, worst-case revenue losses through June equates to more than half of non-
mandated spending in Erie County in one year; that's every cultural organization that receives funding,
road projects, parks, libraries, etc. Even a best-case scenario of 10% in lost revenue means very difficult
decisions are going to have to be made.
Presently, Erie County has enough cash flow to get us through June. That's under normal circumstances.
We are living in extraordinary times. The Office of Erie County Comptroller will have a clearer picture of
cash flow when we receive our sales tax figures in May. That data will have March figures included,
when the COVID-19 pandemic began to significantly impact the local economy. Fortunately, Erie County
is in a period of healthy cash balances because property tax collections are at its highest for the year. In
a typical year, this would take Erie County safely into the third quarter. However, these are not normal
times.
We are in uncharted territory. I urge you and the Erie County Legislature to plan for a deficit, the
amount of which remains unknown. At a minimum, all discretionary spending needs to be re-examined
and prioritized. Cost cutting measures to save taxpayer dollars should be considered. I offer myself and
my staff to assist the Administration and the County Legislature as we determine how to make difficult
decisions based on economic factors that are out of our control, but yet could have detrimental
consequences on the Erie County budget. Prepare for the worst from an economic perspective and
hope for the best.
Sincerel ,
Stefa I. chajliw
Erie County Comptroller
Enclosure(s)
CC: Erie County Executive, Mark Poloncarz

Shortfall for 2020 Budget at 10%
Decrease in Sales Tax
a 2020 Budgeted Sales Tax

Revenue ($491,338,760)
a% Less of Budget @ 10%

drop (-$15,991,636.80)
m 2020 Budgeted Sales Tax

Revenue ($491,338,760)
a% Less of Budget @ 20%

drop (-$31,983,273.60)

Revenue ($491,338,760)
s% Less of Budget @ 30%

drop (-$47,974,910.40)

Revenue ($491,338,760)
s % Less of Budget @ 40% drop

(-$63,966,547.20)
n 2020 Budgeted Sales Tax

Revenue ($491,338,760)
a % Less of Budget @ 50% drop

(-$79,958,184.00)
"16"
Exhibit
7/18/2020 - Gmail Let the voters decide the Burchfield's fate
Daniel T Warren <warreii.dan|s|t@gmail.com>
Let the voters decide the Burchfield's fate
Daniel T Warren <d.warren@roadrunner.com> Sat, Mar 28, 2020 at 10:42 PM

To: bnajm@twsny.org
The issue of what to do with the Burchfield Nature and Art Center has resurfaced again when participati0ñ of the public
has been curtailed by the various Executive Orders necessitated by the COVID-19 pandemic.
The Center was closed

in January 2017, it was only partially reopened in May of 2018. Councilman Bauer and
Assemblyman Burke
are dañgling the potential to receive a $100,000 grant to restore and reopen the center. Even
lengthy."
Assemblyman Burke says that this "process can be ( http://www.westseneca.net/applicatio...0319181706.pdf ).
Not only is this process lengthy, it may not result in the Town getting this money.
Even assuming that the Town will get this money, at some point down the line, it is not all the money needed to restore
and reopen the Center. AccGiding to the various estimates it will cost somewhere between $300,000 and $900,000.
Then we have the lawsuit by the Town against various designers, architects and engineers that designed, planned and
built the Center. This action was dismissed last year on statute of limitations grounds. The Town appea!éd that decision
and we are currently awaiting a decision from the Appé!!ate Court.As of October 2018, the Town spent over $40,000 on
this litigation
through September 2018 before these appea!s wereundertaken, this sum is substantially more now. Even if
the Town wins this appeal it will not result in a decisi0ñ on the merits in the Town's favor. It will simply restore the lawsuit
for further prGceediñgs. Even if this lawsuit is ultimately successfu! it will be years for any money to come to the Town for
use in restoring and reopening the Center.
What to do with this structure does not have to be decided now given the length of time that has passed since its initial
shuttering. Let the voters of the Town make this decis!eñ, after all we will be the ones paying for whatever decision Is
made on this issue. Put the following question on the general election ballot for the Town pursuant to Town Law 81(1)(b):
"Shall the Town of West Seneca demolish the town structure located at 2001 Union Road known as the Burchfield Nature
Center?"
and Art
If the vote passes, we demolish the building, if it fails, we work to restoring and reopeñ|ñg it. Let the voters decide this
issue.
Daniel T. Warren
836 Indian Church RD
https://mail.google.cc :n::!u/0?ik=fcc23eed37&view=pt&search=all&permmsg|d=msg-a%3Ar-4530847776345699730&simpl=msg-a%3Ar-45308477... 1/1

"17"
Exhibit
Supervisor Gary Dickson called the meeting to order at 6:00 P.M via video conference and streaming to
the Town of West Seneca Facebook page. The Pledge of Allegiance was led by Supervisor Dickson.
ROLL CALL: Present - Dickson Supervisor

Gary
William Bauer Councilman
Joseph Cantaflo Councilman
William P. Hanley, Jr. Councilman
Jeff Piekarec Councilman
Absent - None
---------------------
OLD BUSINESS
7-A TABLED ITEMS
Supervisor Dickson: If there are no objections, we are going to leave the two tabled items, the two
legal notices on the table; because we have not been informed by the state that we are able to do
public hearings online.
LEGAL NOTICES
1. Proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST
FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1220 SOUTHWESTERN BOULEVARD, BEING A
PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR CONSTRUCTION
BUILDINGS"
OF THREE- TWO STORY, EIGHT UNIT APARTMENT in the Town of West Seneca.
Remained on the table.
2. Proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST
FOR A HOME OCCUPANCY PERMIT FOR A HOME BASED RETAIL BUSINESS AT 55 SOUTH PIERCE
STREET"
in the Town of West Seneca. Remained on the table.
PUBLIC COMMENTS ON COMMUNICATIONS
Supervisor Dickson: So, next we go to public comments on communications, we did solicit email comments and
those were given to all of the Council members. And I think Brendon is just going to give us a little short
summary of all of what they were.
Brendon Najm: Thank you, Supervisor. Yes, I just wanted to give a summary just for the audience so, and
public it's only been in regards to the Burchfield Nature and Art Center and one other meeting agenda item that
was emailed to Council members at about quarter to five. There are questions and comments on both sides of
the Burchfield view and in summary we've received correspondence from fourteen or fifteen individuals with
opposition to the resolution. Richard Lipka, a retired structural engineer stated in my years of engineering I've
seen many buildings in disrepair and feel $100,000 is not enough to cover the costs on the building. Some
other folks are opposed to (inaudible) the pandemic and associated costs of recovery, or the inability of the
public to present to the board in person. Others are concerned about the lack of a contingency plan if grant
funding is tiir eciteiied. There are additional concerns over cost overruns, the expertise (inaudible) and whether
there's adequate funds, first stabilization, once more issues are discovered and whether this could impact
Page two...
PUBLIC COMMENTS ON COMMUNICATIONS (continued)
property taxes. Evelyn Hicks of our Environmental Commission sent everyone a memo via email in support of
the resolution before the board on the matter; she requested the board consider immediate stabilization of the
structure and is strongly opposed to tearing it down. Hicks note was the sole correspondence with expressed
written support of the project. And then Carol Yetter, who volunteers at the Burchfield site, provided a list of
comments or points of discussion in her written comments she did not provide explicit supportfor the proposed
resolution before the board.
Supervisor Dickson: Okay and we'll have plenty of opportunity to talk about it when we get to that that point.
Okay.
NEW BUSINESS
7-B COMMUNICATIONS
1. Supervisor Dickson re Spot Motion by Supervisor Dickson to cancel Spot Coffee's $700.00
Coffee rental agreement rent payment for April 2020.
Supervisor Dickson: On the question, so we'll go to item number one is a memo for me, requesting that
since the library has been closed and there's no word when it will be open; actually, we've heard today
that it will be closed indefinitely. Spot Coffee is closed and the building is closed; it puts the owner of
Spot Coffee in a very difficult financial situation. So, I move that we cancel Spot Coffee's $700 rent
payment for the month of April 2020 since the building is closed. Do I have a second?
No second was received.
Motion failed for lack of a second.
2. Town Attorney re Burchfield Motion by Supervisor Dickson, seconded by Councilman

Nature & Art Center repairs Cantafio, to adopt the following resolution regarding the
Burchfield Nature & Art Center repairs:
Read by Councilman Bauer:
WHEREAS, the building at the Charles E. Burchfield Nature & Art Center, located at 2001 Union Road, is
in a state of disrepair, which has limited it's occupancy and functionality; and
WHEREAS, the Town Board of West Seneca has determined that it is in the best interest of West
Seneca and its residents to repair the building so it is able to be fully occupied and functional, and said
repairs will include east gallery exterior and interior wall and ceiling repairs, patio restoration, main
gallery ceiling repairs and painting, and west gallery exterior and interior wall and ceiling repairs; and

Page three...
7-B COMMUNICATIONS (continued)
WHEREAS, the New York State Assemblyman, Patrick Burke, of the 142nd Assembly District, has
allocated $100,000 to West Seneca to be used toward the restoration and re-opening of the Burchfield
Nature and Art Center, and the Town of West Seneca understands that the process of reviewing,
approving, and receiving said funds will be between the Dormitory Authority of the State of New York
(DASNY) and the Town of West Seneca; and
NOW THEREFORE, be it resolved that the Town Board of the Town of West Seneca authorizes the
repairs to the Burchfield Nature and Art Center, specifically to the east gallery exterior and interior wall
and ceiling repairs, patio restoration, main gallery ceiling repairs and painting, and west gallery exterior
and interior wall and ceiling repairs, at a cost not to exceed $100,000 utilizing labor from the Town's
Highway Department.
Supervisor Dickson: On the question, so my concern with this is several fold: number one, there is no
money in the budget for this. As everybody should know the town is in very serious financial condition.
The deficit for 2019 was over $400,000; even in good times the deficit for 2020 was looking to be
significant. And then we have this COVID-19 and the significant loss of sales tax and other revenue, it
could be even worse. We simply do not have $100,000 this year or even possibly next year for this
money. Now, I understand that it's being presented as a grant. It's a grant proposal. So what happens
is a member of the State Legislature allocates money. Allocates I should say more of a, it's more of a
promise for money and then there's a whole process that we go through with DASNY, the state agency
that administered all these things. This process can take months. It can take a year. It can take more
than a year. So we don't know when this money is going to be available. We don't even know if the
money is going to be available. It's possible that the, the application fails for various reasons. One of
which could be that we're in litigation, according to our grant writer. And the other is that because of
the state's well known very serious financial situation, they might pull any grants that are not yet,
they're still yet not yet a contract. So, and it's also, you know, when I first heard about the Mr. Bauer's
plan, it was presented as, you know, originally the town and said it's going to cost $500,000. And then
he said, okay, we've got it down to $100,000. I thought, well, that's great, that's fantastic. However,
then we heard, you know, eleven days ago, it's not $100,000 versus $500,000, it's more like, $300,000
or $400,000 versus a $500,000. This plan commits us to further repairs next year, and the year after
that. You know, of over $100,000 for the mechanicals and $150,000 or more for the siding and the
roof. So, I have serious concerns, whether this is really putting us on the right path. The original idea
was that we would have a public hearing about it in which Mr. Bauer would present the result of his
report and then we'd have a public hearing. We would hear from the public and we would also be able
to discuss other options because there are other options. And I'm very concerned that we're not talking
about other possibilities, that by that, but this resolution puts us down the road of having chosen one
path without the, the, the public having a chance to weigh in. This repair, it may be the right thing to
do, I'm not saying it's not, but it is very, it is very problematic. Also, there's actually no reason for a
resolution. If you go back and look at the minutes in past years there is no resolution. The person in
the legislature says, hey, I'm going to put you in for a loan, we say, great. Maybe we announce it, that
he's put us in for a loan and then we go through the whole process. We did it with the police cars.
We've done it with lots of other things and those can often take a year or more to actually to do them.
And then if, as I said, we don't have any money in the budget to actually begin any of this work. So,
there's really no point to this resolution. And I'm not even sure why it's on, except maybe it locks us
into one, to one route. Or one plan, that I'm not sure that, you know, really the, the town, the town
residents are all really all behind. So I think we need to look at all the alternatives. I don't think we
should lock ourselves into one. We can do nothing today and the, the grant application will still go
Page four...
forward and maybe in a year or whatever we'll be approved for it. And then we'll decide what to do or
what not to do. I mean, there's plenty of precedent in West Seneca for getting a grant and then doing
nothing. In 2017 Senator Gallivan gave us one and announced he would put us in for a $300,000 grant
for a pavilion and comfort center at Veterans Park. That was approved in, I believe, was March 2018
and there has still been no work done on it. So, there's certainly precedent for having these grants, and
just maybe thinking better about what actually gets, what we actually do with them, instead of just
jumping in and saying, well, this is the solution and we're not really interested in what other people
have to say. Thank you.
Councilman Bauer: And on the question, I'd like to also make a comment here. First of all, I'd like to
19th
start off by clarifying the intended scope of the work that was covered specifically at the March
meeting of Town Board. Scope of work is only including the structural repairs on the main concourse,
walls, ceilings, exterior, drainage, and both the east and west concourse. After conducting numerous
site meetings with the department heads of Engineering, Code Enforcement, Buildings and Grounds
and Highway,as well as some employees of the departments, the scope of the needed repairs and the
correct structural deficiencies were identified. In my 40 years of construction experience in project
management and estimating, I broke up the scope of the work and proceeded to estimate the project
as I would in any private industry. The result in cost for a contractor in a private industry to complete
the work was calculated to be $283,000. Completing the same scope of work and utilizing the Town of
West Seneca current workforce and equipment to complete this work it will be estimated an out of
pocket cost to the Town of West Seneca of $94,400; an estimated savings over $143,000 by
performing the work with our own town forces. Of this work will be performed, there'll be no overtime
by town employees. On February 28thImet with the Supervisor Gary Dickson in his office. We had a
brief discussion on the repairs of the Burchfield and a rough estimate exceeding $100,000 was talked
about. And the Supervisor stated that the town could not afford that expense and he suggested Ispeak
with Assemblyman Pat Burke to see if he could assist with the funding. Later on Councilman Cantaflo
and myself met with Assemblyman Pat Burke to see if he could assist with the funding. Pat Burke said
he was interested in helping with the funding the repairs, but he'd have to get back to us. On March
19th, we received the written commitment for $100,000 in funding for the repairs from Assemblyman
Pat Burke. The funding of the project by Assemblyman Burke means that the structural repairs of the
Burchfield in 2020 will be completed at no out of pocket expense to the taxpayers of the Town of West
Seneca. Also in conjunction with the State of New York Office State Comptrollers Review of the West
Seneca Capital Improvement Project, recommendations were made back in February 2020. All of the
steps in the construction process will be followed to ensure that the construction process will be
transparent to the taxpayers of the Town West Seneca. We'll prepare an itemized budget and
amendment update the budget on a monthly basis. And Megan Wnek, the Finance Director will submit
the report to the Town Board on a monthly basis. This report will compare the budgeted costs to the
cost incurred every month. A report will also be made available to the public every month until the
project is completed. At which time of final audit of the project will take place in order to finalize the
project account. Councilman Bauer and Mr. James Frick, P.E., a member of the town Planning Board
and a licensed professional structural engineer will make a monthly site visit to the project to ensure
that the work is being performed properly and we'll write a brief report of the work that has been
inspected. This project will also have weekly site visits by the Highway Superintendent, Buildings and
Ground Supervisor, as well as periodic visits and inspections by the Code Enforcement Manager.
Because the project was initiated, late in January 2020, before the current crisis evolved, it is
imperative that we act promptly in making a commitment to do this project and accept the funding of
this work by Assemblyman Burke's office and not procrastinate and run a high risk of losing the funding
Page five...
to another municipality. The reality of having a building needing significant repairs with no funding
assistance will have a much greater negative impact on the town's current finances. A proposed
schedule for the start of this project will be after the lifting of the COVID-19 pandemic work restrictions,
the return of the West Seneca highway employees to the job duties and not until the allocated funding
from the New York State and DASNY is released to the Town of West Seneca. Only until after these
conditions are met will work start on the Burchfield project. With this clear and concise outline of the
scope of work, the detailed budget, and the funding sources defined, I feel there's time for the Town
Board to approve the resolution and complete the project for the Friends of Burchfield and all of the
taxpayers. It is time for our town leaders to stop making promises and start making progress for our
community. In addition to that, I received a letter today from Pat Burke's office, and I'm going to read
it off to you. This is to the Town Board members: For years are Assembly District has not received its
fair share of resources from New York State. As a new member of the New York State Assembly, I have
worked to change that, and I am pleased to have the opportunity to designate over $300,000 of its
2019 State Municipal Funds, SAM funds, for various projects and the Town of West Seneca. After
speaking with the Town of West Seneca Town Supervisor and other members of the Town Board, it
was my understanding that the project to repair the Burchfield Nature and Art Center on Union Road
was a priority for the town and it's constituent. This building belongs to the town and its current state is
in need of attention. I believe that this project to restore and reopen the Burchfield, as it was outlined
to me, would be a great asset to the Town of West Seneca residents. I'm also learning that the pursuit
of this project is being reconsidered. At this time, I have submitted the application to designate
$315,000 in funding for the Town of West Seneca for multiple projects. Of which was requested by the
town and approved by my office. The application for each project, specifically outlined, included
$100,000 for the Burchfield. If the Town of West Seneca decides not to commit to the Burchfield
project, I will pull and amend the application to reflect the removal of this project. An amendment
would, unfortunately, make this already lengthy process even longer. I have a project requests
throughout the district, and I would like to submit accurate applications as soon as possible. Please let
me know what the town's decision in this matter. Sincerely, Patrick Burke.
Councilman Piekarec: On this question here, personally at this time with COVID-19 crisis and families
not able to leave their home, attend this Board Meeting and speak out. I don't feel we should be
debating such a divisive controversial issue in the public. We need to let the public engage more in it.
For that reason I'm going to make a motion here that we table this resolution.
Supervisor Dickson: Second. On the question? All in favor? Amy, you want to do the role on the
question of tabling it.
Motion by Councilman Piekarec, seconded by Supervisor Dickson to table the resolution.
Ayes: Supervisor Dickson Noes: Councilman Cantafio Motion Failed

Councilman Piekarec Councilman Bauer
Councilman Hanley
Page six...
7_-B COMMUNICATIONS (continued)
Supervisor Dickson: Okay. Failed else Jeff7

anything
Councilman Piekarec: Yeah. I'd like to make a motion to amend the resolution. To state that no
construction is to begin until we receive the funding from the state. This will ensure that the town does
not lose money on the endeavor to fix this building.
Councilman Hanley: That motion's already been made by Councilman Bauer.
Councilman Piekarec: That has not been made by Councilman Bauer.
Councilman Hanley: It has ... read (interrupted)
Councilman Piekarec: It does not state that we have to wait until the funds arrive before we can begin
the work anywhere in it.
Councilman Hanley: It's the letter he just read to us.
Councilman Piekarec: That's not a formal motion that was a letter from the Assemblyman.
Town Attorney Hawthorne: So I suggest the Mr. Bauer make a motion and amending the resolution as
he has stated in is speaking.
Councilman Bauer: I'd like to make a motion to approve the resolution of the repairs to the Burchfield
Nature an Art Center with the following revisions:
WHEREAS, the majority of the Town Board of West Seneca has determined that it is in the best interest
of West Seneca and its residents to repair the building so it is able to be fully occupied and functional,
and said repairs will include east gallery exterior and interior wall and ceiling repairs, patio restoration,
main gallery ceiling repairs and painting and west gallery exterior and interior wall and ceiling repairs;
and
WHEREAS , the New York State Assemblyman, Patrick Burke, of the 142nd Assembly District, has
WHEREAS the work on the repairs outlined in this resolution will not begin until the funds, as allocated
by Assemblyman Burke and DASNY, has been received by the Town of West Seneca, and the work
force restrictions for the COVID-19 pandemic as set forth by the State of New York and the funds have
been released to the Town of West Seneca and their employees are back to work; and
Page seven...
Highway Department.
Supervisor Dickson: So, a couple of comments. One, is this a motion just to amended this? I don't think
there should be a motion to pass it. It should be a motion to amend it as ever you want. Second, we
don't receive money. These are reimbursements, so the money is never going to come to us. They will,
we will have a grant decision, or I forgot what it's called, a GDA from DASNY, which says, yes, it's
approved and then we will, we do the work and we have invoices. We submit them to DASNY and they
pay them, you know, fairly quickly. So we never actually get any money before we have expenses. I'm
just saying, I'm not saying that I mean, the reimbursement is quick, but just like, they don't send a
hundred thousand dollars. We send them a bunch of bills and then they pay them pay us back.
Councilman Cantafio: Can I offer with what Supervisor Dickson just said, I think the word there is
released as Supervisor Dickson mentioned. The money gets released, but we don't receive it until we
"received" "released."
submit invoices. So, I think the word technically should be to be changed to And
that would offer what Supervisor Dickson had mentioned.
Town Attorney Tina Hawthorne: You could also change it to "once you have written commitment that
approved."
the grant funding has been
Councilman Cantafio: I'm good with either of those. I would ask Miss Hawthorne to make the corrective
language and then have us vote on it.
Town Attorney Tina Hawthorne: So, what I would suggest is that the last paragraph of the current
resolution that you add "with the understanding that construction will not begin until the Town of West
Seneca receives the written commitment to grant funding for this project from DASNY in the amount of
thousand."
at least a hundred
Councilman Cantafio: Bill is that so that will become your motion? I would second then.
Supervisor Dickson: Alright, so Tina, I, I mean, we're just voting on the amendment. We're not voting
in the actual resolution because of the discussion of that actual revolution resolution is not completed.
Town Attorney Hawthorne: That's correct. So, it sounds like Mr. Cantafio is seconding the motion in
terms of amending it; and then you can put that to a vote, continue discussion, and vote on the
resolution overall.
Supervisor Dickson: Alright, so any discussion about the amendment to which adds that, the
understanding that the money won't be spent until it's available from DASNY?
Councilman Cantafio: I would like to note that in Councilman Bauer's statement that he just read, he
referred to the Comptroller's office recommendations and spoke of how, if, and when this construction
began, there would be that weekly and monthly updated checks by multiple people from the town as
well as a Councilman Bauer. I think it's important to emphasize what he had read.
Page eight...
Supervisor Dickson: Mr. Piekarec, anything else?
Councilman Piekarec: Nothing on the amendment.
Motion by Councilman Bauer, seconded by Councilman Cantafio to adopt the revised resolution as
follows:
WHEREAS, the majority of the Town Board of West Seneca has determined that it is in the best interest
of West Seneca and its residents to repair the building so it is able to be fully occupied and functional,
and said repairs will include east gallery exterior and interior wall and ceiling repairs, patio restoration,
main gallery ceiling repairs and painting and west gallery exterior and interior wall and ceiling repairs;
and
WHEREAS, the New York State Assemblyman, Patrick Burke, of the 142nd Assembly District, has
WHEREAS the work on the repairs outlined in this resolution will not begin until the funds, as allocated
by Assemblyman Burke and DASNY, has been received by the Town of West Seneca, and the work
force restrictions for the COVID-19 pandemic as set forth by the State of New York and the funds have
been released to the Town of West Seneca and their employees are back to work; and
Highway Department with the understanding that construction will not begin until the Town of West
Seneca receives the written commitment to grant funding for this project from DASNY in the amount of
at least $100,000.
Supervisor Dickson: Okay. Alright. Getting back to the discussion of it, Jeff, Do you have anything else?
Councilman Piekarec: Yeah, at this time, without involving the public further, considering other options,
we're also figuring if this will affect our labor costs either directly or indirectly, I cannot support the final
"Nay"
resolution on this. I will be voting on it.
Supervisor Dickson: Any other comment, I mean, I'm going to have some more comment, but if
anybody else wants to go ahead.

Page nine...
Highway Superintendent Adams: I'll just chime in one thing. I know we were kind of talking about labor
costs and there's been some misconception that there would be, you know, overtime and everything
affiliated with the town employees doing the work. I can assure everybody that there will be no
overtime used for this project. The daily work when our crews are on site will be in our normal hours
and I will approve no overtime for this, again, this is something that we've gone through, the project,
the building and we feel very comfortable doing the work. And, honestly, it's something that I think is
big for the town is having, you know, using our own assets, our own equipment to do things like this
and potentially save a good amount of money as far as I believe Councilman Bauer stated through a
private company. Just for this phase one about $283,000 from an outside company, if we can, you
know, have our resources come in and do it for about a $100,000 that's a pretty big savings and I just
wanted to reassure everybody that no overtime would be affiliated with this.
Supervisor Dickson: Brian, I know you said at the last meeting that this was your, your number one
priority was roads, do you have an idea how much labor dedicated to this?
Highway Superintendent Adams: Again, it's not just roads. There are a lot of other issues throughout
town that take precedence to this. This is a priority, it's just not a top priority and it's not like we're
going to have a fifteen to twenty person crew working there daily. We have many skilled laborers and
operators within the town and I've pretty much tasked about five to six to do most of the work, and
that doesn't mean, you know, six or so will be there daily. We may have two or three people working at
a time when we have the ability to do so. Again, other projects around town take a priority to this, but
if it's something that we can add, add a few extra bodies over there, a few hours here and there to
complete the work, I'm all for it. I don't think that putting a timeframe of say, thirty to sixty days to
complete the job is necessary. I think if we can do it within a reasonable time, that it's well worth and
it's beneficial to the town.
Supervisor Dickson: Thanks. So, a couple things, one, there's only one way that this allocation gets
pulled. It's if the Assemblyman pulls it himself, or if the state says our finances are so bad that we're
going to, that we're going to disallow you know, we're going to cancel all these applications. Either one
is possible. I have no idea if either one is probable. So that, so saying that if he doesn't accept this, if
we don't accept this, then we could lose it. Well, certainly, we could lose it if the Assemblyman wants
to lose the money for West Seneca and not be used on something else. Certainly that could be possible
if the Assemblyman decided to do that. But I don't think that's likely. I think I think it would simply be
allocated to some other, some other project. And don't forget this money is not is not free in the sense
that it would normally be doing other things. A $100,000 represents about three quarters of a mile of
paving or a $100,000 could be three police cars. So we're giving up something to do this. And I would
just read something. There was some comment. Well, we need our town employees to tell us the
condition of the building. I'd like to remind everyone of a different one to three years ago we had a
professional engineer do a very extensive analysis and it's online and I would just like to read one thing
at the end. "It is our professional opinion that this building should be considered a poorly designed,
building."
engineered and constructed So I think the town should have an opportunity to decide if we
really want to put money into this again. And again, this is not $100,000; it's closer to $350,000 or
$400,000 which we don't have money for, because this is just the first step. The building was so
incredibly poorly designed and has suffered so much over the last twenty years that we really don't
know how much it's going to cost to fix. The HVAC is going to have to be replaced, that's going to be
very expensive. A new roof is going to have to be put on, that's going to be very expensive. How many
people have heard of a government project that has been on budget and maybe this one would be. You
Page ten...
know, it just is also the labor of our guys is not zero is definitely has a value. So, I think considering, as
Jeff said, how important this is to the town, the feelings of many town residents for a pro or con, that
we should give the, the town a chance to participate in person or at least more thoroughly to look at
other alternatives; up to including replacing it, or simply some people just say, and I'm not one of
them, but some people say just tear it down and leave an empty pad. Because this, this could be
something that's going to cost us money for a long, long time. Thank you.
Councilman Piekarec: In the report from the state Comptroller's office, they cited us on the library or a
few short weeks ago that the town rushed it through, didn't involve the public, that they didn't update
the public correctly. We're going to reports as we go; alright, I'm fine with that. The fact, we're not
doing in detail other options here, we're giving one option. We're shutting it down in the middle of a
crisis in which people are dying and being hospitalized. I just don't think it's necessary. I think we're
repeating the same mistakes in the past.
Councilman Cantafio: Plenty of information. Miss Hawthorne, is there a motion on the floor right now?
Do we have a motion on the floor?
Town Attorney Hawthorne: No, while you're on the question still before you get to the ending motion?
So, we did the amendment, the amendment passed now you're discussing, but there needs to be a
new motion, if somebody wants to motion to have the resolution.
Councilman Cantafio: I move that. I'd like to move that the motion as presented and amended by Bill
Bauer moves forward.
Councilman Hanley: I second that.
Motion by Councilman Cantaflo, seconded by Councilman Hanley to adopt the resolution regarding the
Burchfield Nature & Art Center repairs as presented and amended by Councilman Bauer.
On the question, Supervisor Dickson: On the question, so, on the question, one of the main findings of
that Comptroller was that the town was not transparent and did not engage the public what the town
did for the library was to have a whole bunch of public information things. But, basically, they were
telling the town, this is what we're giving you. They didn't ask if we wanted it, they didn't ask what we
wanted in it. They said this is what we're giving you and I believe this is being repeated yet again and
it's a shame.
Councilman Cantafio: Can we call the question?
Supervisor Dickson: Sure. Why don't you? The, the clerk called the role.
Town Clerk Kobler: So, it is a motion to accept, as it's presented and amended by Councilman Bauer.
Ayes: Councilman Bauer Noes: Supervisor Dickson Motion Carried

Councilman Piekarec *APPENDICES*
Councilman Cantafio
Councilman Hanley

Page eleven...
Supervisor Dickson: Okey-dokey moving onto what did I do with the agenda? Highway Superintendent
regarding immediate wage increase or sanitation part time workers
Town Attorney Hawthorne: Gary, Supervisor, I believe you skipped over number three.
Supervisor Dickson: Oh, I'm sorry I'm sorry. Town Attorney regarding municipal agreement.
Town Attorney Hawthorne: So, this is for summer camp. I mean, I know that's up in the air right now,
but this was put on the agenda at the request of recreation.
3. Town Attorney re Motion by Supervisor Dickson, seconded by Councilman Hanley,

Intermunicipal Agreement with to adopt the following resolution authorizing the Supervisor to
WSCSD Loaning of Buses enter into an agreement with the West Seneca Central School
District for use of school buses for the Recreation Department's
summer youth program:
WHEREAS, the West Seneca Central School District maintains a fleet of school buses; and
the Town operates activities devoted to the welfare of youth therein and provides leisure-
WHEREAS,
time activities for youth, as authorized in General Municipal Law § 95; and
WHEREAS, the District has determined that it has school buses not used for the transportation of
District students during certain periods, including when school is not in session; and
WHEREAS, the District and the Town jointly desire to enter into an agreement whereby the District
would temporarily loan school buses to the Town for the transportation of youth to Town activities
the academic years 2020- 2021 through the 2024-2025 school and
during beginning year;
Supervisor to execute the Intermunicipal Cooperation Agreement with the West Seneca Central School
District for the loaning of school buses for the transportation of youth to Town activities during the
2020-2021 through 2024-2025 school year.
Supervisor Dickson: On the question, we actually did have, excuse, we had a comment on this
issue for, from the, from the public that I neglected to read. So, Brendon, can you read that one?
Brendon Najm: Alright, this is a public comment from Susan Kims from 99 Covington regarding
intermunicipal agreement with West Seneca Central School District for the loaning of buses. She states
that "Since the bus driver is an employee of the school district that it aligns as to who the employer is,
the town should reimburse the district for employee wages. This would eliminate the burden of possible
workers compensation if the driver is injured on the job. Also, since we self insure for workers
compensation, a claim the town making payments into the future for a driver and employee of the
school district. The driver is after all an employee of the school district, not the town.

Page twelve...
Councilman Hanley: Supervisor this is Councilman Hanley, if I may, the school bus driver is an
employee of the town. They go through the same hiring process as every other person who gets hired
town - background the Summer
by the check, alcohol, drug testing. So, when they're working for Camp
Program, they are strict, they are truly an employee of the Town of West Seneca being paid by The
town of West Seneca.
Supervisor Dickson: Any other comment? Okay.
Councilman Hanley: One more if I can. I'd like to share that this is another example of an asset that the
school has, it's a shared service. There is no cost to the tax parents for the school buses. They pay for
the maintenance. They pay for the fuel. They pay for the buses. Well, the taxpayers pay for it, so we all
pay for it, but this is another example of shared services where the schools do not charge the Town of
West Seneca any expense for the bus.
Supervisor Dickson: Do we already did we have a second. I think we did.
Councilman Hanley: I seconded it.
Supervisor Dickson: Okay all in favor?
4. Highway Sup't. re Wage Motion by Supervisor Dickson, seconded by Councilman

increase for part-time Sanitation Cantafio, to approve a wage increase to $13.75 per hour for
Department employees hours worked for all part-time Sanitation employees effective
March 31, 2020 and authorize the Supervisor to complete and
sign the necessary forms for Erie County Personnel.
Councilman Piekarec: On the question, I will be voting against this. As with the town currently facing
financial problems, the economy declining, and many people out of work it sends the wrong message
to raise the wages on this. I also think when it comes to attracting workers for this job our local
economy is declining, it will be a larger work pool, it's not contractually obligated to do this, I do not
think it would be beneficial for the town.
Supervisor Dickson: I will say that this is, this is actually will be in the budget to actually save, actually,
the budget will save money because of a reduction in hours. So, even with this increase, the Highway
Superintendent should pretty much hit his, the, the budget for a sanitation workers.
Councilman Piekarec: Let's keep all the savings. I mean, we're going to be over budget a lot of other
areas.
Page thirteen...
Supervisor Dickson: Yeah, it comes to about is probably about $10,000 or $15,000 maybe $20,000 or
something like that, but it will be in the budget or in budget. So the net effect is actually saving us
money because of fewer overtime hours. Any other comments? So, the clerk, I would take the role
please.
Ayes: Supervisor Dickson Noes: Councilman Piekarec Motion Carried

Councilman Bauer
Councilman Hanley
Councilman Cantafio
Town Attorney Hawthorne: So, on the Burchfield vote, you didn't asked Cantaflo or Hanley. Maybe we
should clear the record.
Councilman Cantafic: It is aye from Councilman Cantafic for the Burchfield vote.
Councilman Hanley: It is aye from Councilman Hanley for the Burchfield vote.
Town Clerk Kobler: Thank you.
Supervisor Dickson: Okay. If nobody objects we're going to do a five through nineas one vote. They all
regarding, they all relate to the retirement of police officers.
5. Chief Denz re Retirement of Motion by Supervisor Dickson, seconded by Councilman

Detective Daniel Crowe Piekarec, to accept the retirement of Detective Daniel Crowe
effective March 21, 2020 and authorize the Supervisor to
Personnel, noting Detective Crowe has served the Town of West
Seneca for the past 32 years and will be greatly missed.

Detective Jeffery Lukis Piekarec, to accept the retirement of Detective Jeffery Lukis
effective March 21, 2020 and authorize the Supervisor to
Personnel, noting Detective Lukis has served the Town of West
Seneca for the past 30 years and will be greatly missed.

Detective James Pappaceno Piekarec, to accept the retirement of Detective James
Pappaceno effective March 28, 2020 and authorize the
County Personnel, noting Detective Pappaceno has served the

Town of West Seneca for the past 32 years and will be greatly
missed.
Page fourteen...

Police Lieutenant Michael Piekarec, to accept the retirement of Police Lieutenant Michael
Poleon Poleon effective March 31, 2020 and authorize the Supervisor to
Personnel, noting Police Lieutenant Poleon has served the Town
of West Seneca for the past 26 years and will be greatly missed.

Assistant Chief of Police Michael Piekarec, to accept the retirement of Assistant Chief of Police
Boehringer Michael Boehringer effective March 31, 2020 and authorize the
County Personnel, noting Assistant Chief Boehringer has served

the Town of West Seneca for the past 30 years and will be
greatly missed.
Councilman Cantafio: On the question, If I could just thank all those officers. I'm sure we all feel the
same way, but I did a quick little bit of math, that's over a 150 years of experience that we're losing.
So, I just want to thank them for their service, and the realization that we're, we're losing some great
people; wish them very, very well in retirement. And I know Chief is going to do all he can to make
sure that we are ready for all the challenges ahead but that's a great deal of experience, well deserved
retirement, all the best to them.
Councilman Piekarec: I would also like to thank all of these, man for their sense of service to our
town. We really appreciate it and I'd like to wish them all well in retirement.
10. Recreation Supervisor re Motion by Supervisor Dickson, seconded by Councilman Hanley,

Summer employment to appoint the attached list of individuals to the corresponding
appointments part-time titles and rates of pay effective May 1, 2020 and
authorize the Supervisor to complete and sign the necessary
forms for Erie County Personnel.
On the question, Supervisor Dickson: I'll also add that these people will not be hired if the
recreation programs remain closed as they threatened to be, closer, to the closer we get to the
summer.

*APPENDICES*
11. Recreation Supervisor re Town Motion by Supervisor Dickson, seconded by Councilman Bauer,
of West Seneca Parks Tour & to approved the Town of West Seneca Parks Tour & Activity
Activity Book Book.

1300 Union Road Miinutes #2020-07
Page fifteen...
7-C APPROVAL OF WARRANT
Motion by Supervisor Dickson, seconded by Councilman Hanley, to approve the vouchers submitted for
chargeable to the respective funds as follows: General Fund - Fund -
audit, $97,737.22; Highway
Capital Fund - Sewer Fund - Gas - $76.37; Electric -
$50,667.14; $291,358.14; $11,729.75; Lighting
$706.84 (vouchers 10861 -
11522)
Supervisor Dickson: Now around the tables, so to speak, the virtual table, for words from participants. Mr.
Bauer?
Councilman Bauer: I have nothing. No. Thank you.
Supervisor Dickson: Miss Kobler.
Town Clerk Kobler: I have nothing, but you have to approve the warrant.
Supervisor Dickson: Mr. Adams, anything?
Highway Superintendent Adams: I just want to kind of touch base on the whole, a handbook and things we
were talking about with the parks. You know, as the weather gets warmer and we're still in this crisis right now
we want people, again, to use the parks and be outdoors and, you know enjoy the time with their families and
stuff, but please be responsible, you know, with our playground equipment and other things. We can't, you
know, clean and keep up with things. So, you know, please keep the children off of those pieces of equipment
for now. Use the walking paths, the open space, just enjoy the scenery. We have a lot of different parks, and
they have a lot to offer. So, again, just please use caution and well, we're all in this together and hopefully in
the near future, this will, we can be looking back on this and really enjoying the parks to their full potential.
Supervisor Dickson: Mr. Piekarec?
Councilman Piekarec: Nothing major here. I just want to again, wish everyone to keep safe out there. I'll
reiterate what Brian said: please, don't use the playground we are not cleaning them at the moment. You
know, like I said, support our local restaurants as well, who are hurting quite a bit right now, with takeout
orders. So keep safe and let's get through this.
Supervisor Dickson: Mr. Cantafio?
Councilman Cantafio: Again, I wish everybody well, and be safe. And I want to especially thank all of our
employees for still finding a way to do their job and put in some of them, they're putting themselves at risk in
the different departments. So, I just wish them health and safety and thank them for their continued service
and ask that they continue to be safe.
Supervisor Dickson: Thanks. And for the public, I apologize; I skipped your issues so we'll go to you after the
warrant after we finish up with us. Mr. Hanley?

Page sixteen...
Councilman Hanley: Supervisor, on motion number one for the Spot Coffee that did not receive a second, so
we weren't able to go on the question. I'd like to revisit that if I can and I, I believe the reason are might not
have been a second. I don't, I haven't spoken to the other people or the other council members. Giving Spot
Coffee a pass on the seven hundred dollar payment would be a gifted, gift to public funds. That's not allowed
by law. However, I think we can work with our Town Attorney Tina, we can amend the contract that would
give them, if they missed March and April, we could extend the contract at the end for two more months. But
just to forego the seven hundred dollar payment would be a gift of public funds. So, if our Town Attorney's
willing, we could probably, it has to be, it has to be in the interest of both parties. So, if Spot Coffee is in
agreement with the Town Board, we can extend the contract for two months at the end. Or whatever,
whatever time they lose, we can give them that time at the end of the contract. I think that's the only way
around that.
Supervisor Dickson: Tina?
Town Attorney Hawthorne: So, my legal analysis of an unauthorized gift of funds is slightly different, but I
think that it's a win-win to redraft the contract adding, extending it for the months in, which you would waive
the payment. So, I'm certainly willing and able to work on that.
Councilman Hanley: If this goes for three months, we can extend the contract at the end of three months and
then there is no question on whether or not it was a gift of public funds.
many months.
Councilman Cantaflo: Can I also just ask to consider, I think we have another tenant, the Chamber of
Commerce. If we're going to do this for Spot Coffee, at least, I think we should look into considering, in
fairness to their office too, I believe they also pay rent. And I don't know if there are any other offices that pay
rent. If there is, I think we should consider all of them but I know I know they pay partial rent, so I would
support looking at doing something for Spot Coffee and also to look at the other tenants.
Supervisor Dickson: So the difference is we closed the building so spot coffee cannot work cannot work.
There's no such thing as working off site for Spot Coffee. The Chamber can and is working off site and
continues to work.
Councilman Cantafio: Thank you for that Supervisor
Councilman Piekarec: Personally, I think it sends the wrong message to cut them a break on it. Lots of, most of
our taxpayers right now aren't getting break on their mortgages and their rent necessarily, for even some
businesses as well, for us to go do a bailout of the business in our building. I just think it's unfair and it sends
the wrong message to the taxpayers.
Councilman Cantaffo: I appreciate all the comments I just was offering, is something to consider because they
were also a tenant. We all make very valid points.
Supervisor Dickson: Tina, what is your analysis of the gift of funds issue?

Page seventeen...
PRESENTATION OF DEPARTMENT HEADS_(continued)
Town Attorney Tina Hawthorne: So, I was looking at it earlier today in response to this question and a lot of
times it's more when the public monies are being used for personal use. I'm not sure that that's what's actually
happening here, but I do think that Councilman Hanley's suggestion makes sense and is the cleanest way to do
it without a question.
Supervisor Dickson: So, how would that in practice work?
Town Attorney Hawthorne: Well, I think we would, we would simply do an amended contract. So we would
take the existing contract and then I would use it to extend the term by however many months we decided and
we would re-sign. It would have to go through the Town Board, we'd have to put it on an agenda, have it
approved.
Supervisor Dickson: So, but what about well, you could make an argument that you might, I don't know if you
can make an argument that we're violating the contract by not letting her work. Not giving her access to her
place.
Town Attorney Hawthorne: That's my other thought here, right? As she is differently situated, although we
have all the Executive Orders and stuff that would work, you know, that would come into play there. And this is
all such touch and go with government and private businesses on knowing how to interpret all of this. But I
think the, the cleanest way to do it is to amend the contract, which I imagine, obviously, she would have to
have a willingness to do. I imagine she would, if that's all we were changing were the term and close it down.
Councilman Cantafio: Can I ask a question Supervisor and Miss Hawthorne?
Town Attorney Hawthorne: Sure.
Councilman Cantafio: So the reason why, I, I was hoping somebody else would second, like Bill, just on the
question. I don't know legally how this would work, but I think philosophically it sounds as if most of us want to
do something to help them. So, could we Supervisor and Miss Hawthorne, maybe look into it and come up with
something that would answer those questions for us and then we can vote on it the next meeting. I don't think
we're going to beat down their doors to take their rent right now.
Town Attorney Hawthorne: That's correct.
Councilman Cantafio: So that would buy us that time to look at it. Because I think philosophically, Supervisor,
it's a very good idea; I just wasn't familiar on how to do it. So, if you figure out a way to present how we can
do it, I'm in favor of helping them out for the reasons that you stated.
Town Attorney Hawthorne: I'd be happy to do that, and the next meeting is in two weeks, and we could put it
on for motion. I'm not aware of any bill collectors we send out at the town, and that's especially during these
times. So it should be sufficient time.
Supervisor Dickson: Okay, who do we leave out chief? Do you want to do you have anything for us before we
go to issues of the public and approval of the warrant?
Page eighteen...
Chief Denz: I have all kinds of things for you. Obviously we're still under state of emergency. As I shared with
the Supervisor earlier in our department head meeting, all the info I'm getting out of Albany, that downstate
health departments is that we're still about two, two and a half weeks out from peaking here in Erie County
with the COVID-19 crisis. Even though we peak, it doesn't mean it's going to immediately fall off and we're
going to be done. I mean, it's going to be a very lengthy time that we're going to be under this. I know we've
been struggling with people in their social distancing and in the parks and everything. Ireally think this is going
to start hitting home for people when we start finding out that some of our friends and family are affected by
this. And some local semi celebrities have already come forward. Darius Pridgen did a press release city that
he has contracted this. I personally know a fella that I work with at the stadium, he does not work for the Bills,
he works for and he is currently on a ventilator - I found that out today. So this is a very serious crisis
me,
we're under the public should take it seriously. Fortunately, no one at the police department is ill at this time.
We've instituted policies that everybody gets their temperature taken before they enter work. If they're even
showing the slightest sign of illness there's sent home. We're taking every precaution we can. No, no officers
who show those signs will be sent out to deal with the public at all. So, they will be sent home and follow the
health department protocols. Our Emergency Operations Center is prepped and ready to go. It is not open. It
doesn't need to be open yet. However, all of our FEMA paperwork is in place, everything is up and running. We
have a FEMA WebEx next Thursday, the second, to talk about financial situation of FEMA - how to apply for
reimbursement for things, what will be reimbursable. Because this is a nation, national crisis, I think this is
going to change the game for everybody and what is going to be reimbursable and what they're going to look
at. So, that will be an interesting WebEx that we have to attend. We've increased our business and parks
checks. You know, a lot of businesses are closed as some of the other Councilmen have alluded to. Same thing
with the gatherings and parks, we're breaking everybody up. I think the weather should help over the next
couple of days to keep the park traffic down. It's supposed to be kind of lousy out all week, but people are
getting a little house bound and getting antsy, and they want to get out. That being the case, we're starting to
see an uptick as I have predicted in service calls, domestic violence, neighbor disputes. One of the things Ijust
got a update from the New York State Narcotics intelligence Center pushed out statewide that we should start,
we're probably going to start seeing a uptick in overdoses; just because the supply is down, people are starting
to withdraw. And when they do get a supply, they will, are likely to overuse. So we're going to be watching for
that. We're working close with the town judges and the courts, and multiple changes in their policies
throughout the state. We also talked today about the community events coming up. We have a Memorial Day
Parade, Community Days and Queen of Heaven are the first three big ones out of the box. It is my
recommendation that we have a really like a drop date of May 1st to decide whether these things are going to
go forward. Its five weeks out. We should have a good handle on where we are in the state. The Governor
should have a better handle on what he's going to do as far as his States of Emergency and where we are
health wise in the county. I think if we can have these people make some deric:inns by May 1", we should be
able to go forward if it's safe. If not, there's going to be some tough decisions to make, and we may not be
able to give those permits. Today I did a public service announcement and posted it in our Facebook page
regarding the coronavirus if the public is interested in going to the West Seneca Police Facebook page. It was
posted up about six o'clock tonight. It's just a short little thing about a minute or two just where the state of
the police department, town and the situation at hand is going and a readiness to serve the public. The last
thing I have for the Town Board collectively here and I haven't talked to anybody about this. I've been
struggling with this, with the plan for replacement. And let me start off by telling everybody and I know the
Town Board knows, but if this is getting viewed, the retirements that happened here tonight those are all
preplanned. That is nobody who is bailing out on the town because the coronavirus. I know everybody's a little
apprehensive. But I just want to clarify that these are all prescheduled, they've been the in the plan for well
over a year to get to this point. And these gentlemen served with distinction and I was honored to serve with
each and every one of them. All of them were car partners of mine back in the day when we're young

Page nineteen...
whippersnappers. So I know these gentlemen well, their families well, and I wish them luck. But, you know, I
don't want you thinking there's a confidence problem here in the police department, and people are bailing out.
That's not the case at all. As a matter of fact, some, they pretty much felt guilty they were getting out during
this particular time. But it was just a fact that the paperwork was in and they had to go. So, best to those
follows. That being the case, we have a plan in place that I've been sharing with the Town Board and the Town
Supervisor for, and Megan Wnek, how I thought the the promotion should go, how we could put them off a
little bit because of the state of the town's finances and everything and where we are. The Assistant Chief's job
I had slated, under normal circumstances, I was going to ask for that replacement in June. I thought that I
could carry the load of both jobs because I did both jobs. I could do that for a couple of months until we can
get to June, and then start the ball rolling there. However, under the current circumstances with this, being
under state of emergency, the operations changes within the police department, I liked to request from the
Town Board that you consider moving that promotion, just the Assistant Chief's promotion, to get that moved
up as soon as possible. I think it's very important for my department to have a continually, a contingency in the
chain of command should something happen to me. I don't plan on getting sick. Nobody plans on that.
However, if I should have to leave the department for a period of time, we should have somebody who's clear
cut in charge of the police department in my absence and lessen the confusion. We would need to set the over
the next a couple of days, or even here tonight. Usually under these things we would discuss this in an
executive session is a contractual thing. The two things that would need to be done is first off an agreement
that you would want to have a promotion made, second would be what the salary for that position would be
set at, and then, thirdly, would be to get the certified list and canvas. I contacted civil service today. None of
their rules have changed for promotion under the state of emergency. You have to go by a certified list, take
the people who are qualified on that list, and then canvas. And without me asking the lady at civil service, sent
me the certified list. I did not ask for it. It got delivered to me any way, she sent it to me via email and in that
certified list is good through May. That's just a procedural thing. Usually that comes from the Supervisor's
office. I wasn't doing an around it trying to get, get that done. She just did it on her own and I don't know why
but I got it. So, that's my ask for you, that the, you know, we can set the pay rate because it has to go on the
canvas lists. So, we canvas right away and really get this done by our next Town Board meeting where I would
have a name in for a promotion to fill that slot. Just because I, I do believe it's very important that the men
and women who work here in the police department would have some specific chain of command should
something happened to me and I get taken out. This is happening all over the country right now to Detroit PD,
the New York PD, everywhere around the nation top command staff is starting to be sidelined with the
coronavirus. Again, I'm drinking lots of orange juice. I'm not planning on getting sick, but you never know
what's going to happen here. And that's the only reason why I'm asking for that one particular position to be
moved up so I have a second in command; it is clear cut second in command in case something happens here.
I'll leave it to you for discussion. You know, again, I've been going back and forth this or a couple of days and I
thought I should address it here.
Supervisor Dickson: I'm sure we all agree with you. I don't hear any negatives.
Councilman Piekarec: Hey Chief, just one question on that. Until we do fill the Assistant Chief job who is your
second command effectively?

Page twenty...
Chief Denz: Well, I have three Captains with all equal rank. It would most likely go to the Senior Captain, by
protocol, who is my Detective Captain. He hasn't been, he hasn't been involved with a lot of planning we've
been doing because he's been running the Investigation Bureau. I suppose that the Town Board could
designate one of the other captains to do it in case I go down. Perhaps I could; we've never been here before.
This is very unusual times. We've never really been here before. Probably thirty years that I've been here a,
whenever the chief was out, the Assistant Chief took over, and we didn't really have to get below that. And
there's a possibility that could happen. I mean, if we promote somebody to Assistant Chief, it could happen to
both of us go out. And then we're scrambling around and we would have to just, you know, figure out some
type of plan on the fly. I would just like, not to have that hanging and dangling out there until June if we're still
going to be battling this thing, all the way into May. You know so, and that was just my ask to accelerate this
up. I didn't plan on asking for this. My plan was June, but that was again under just normal circumstances,
which we are not. So, that's my explanation on that.
Supervisor Dickson: Thanks, Chief. I think we all agree unless there's any discussion for anyone else.
Councilman Hanley: Chief, you're not asking us to pick your person, you're just asking us to set the salary,
correct?
Chief Denz: That would be, that would be the case at hand now. It would be the asking, you know, giving
permission for the canvas letters to go out for the three qualified guys who run the list. And on those canvas
letters a salary would have to be set. That is Civil Service and Erie County personnel; well that's how you
handle that.
Councilman Hanley: AIright, so, we, we set the salary, you send out the canvas list.
Chief Denz: Normally, that would go out from the Supervisor's office. Brendon has sent them out in the past
and that's how it's usually handled. I can send them out from here if that's, if we're out of sync ....
Supervisor Dickson: Brendan can do it. Brendon can do it.
Chief Denz: Okay. And it's just a matter of agreeing on where the board would want to go if you want to have
that discussion online here, how you want to set that salary. And I don't even know if it's appropriate to do that
I'd ask Miss Hawthorne, if that's even appropriate.
Councilman Piekarec: Can we even do an executive session online?
Supervisor Dickson: Well, I suppose you could ... exclude everybody else. We've talked about already. You
know, there is an existing standing agreement so we can just follow the agreement. We can talk about it.
Councilman Piekarec: I'm sorry, Gary you're breaking up there.
Supervisor Dickson: Let's talk later. Let's talk tomorrow.
Councilman Cantaflo: So do we so, Supervisor, to clarify because we talked about this before you can just
move forward with the Chief on this? Is that what we're saying?
Supervisor Dickson: Right, yeah.


Page twenty one...
Councilman Cantaflo: Or? Okay so to be honest with you, I don't know exactly what you need Chief, but you're
rationale and argument I agree with the Supervisor makes sense. So, I don't know. Miss Hawthorne, if we
need official motion, or if we just because this is already started, we just support the Supervisor working with
the chief to make this happen. Whatever we need to do, I support the Supervisor and Chief on this.
Chief Denz: Well, can I just jump in here quick? It just so all the Town Board, we did discussions in the
Executive Session a while back and there was no determination of where the salary was going to be. There
was thoughts that were kicked around. There was a high side. There was a low side. There was a middle. But
there was nothing that was solidified coming out of that Executive Session. We said we would hold that off for
further discussion.
Councilman Piekarec: May I make a suggestion or at least, maybe after we approve the warrants that we go
into Executive Session to discuss salary, so we get you set Chief.
Chief Denz: I'm good with that. However you guys want to do that.
Town Attorney Hawthorne: That's how you should do it.
Councilman Piekarec: You want me to make the motion now, or after we do the warrant and issues of the
public?
Supervisor Dickson: Alright, so I move to accept the warrant.
Councilman Hanley: I second that.
Supervisor Dickson: So we're going to go to, I skipped Issues of the Public.
ISSUES OF THE PUBLIC
Supervisor Dickson: So, Brendan, are there any issues of the public that have, of any questions that have come
up since we've been?
Mr. Najm: Yes, there have been Supervisor. There was a question asked for clarification about the issues of the
public and the written correspondence that we received. We made the decision not to read every piece of
written correspondence we received just because of the sheer volume of it and how long that would take. If
the Town Board would want to revisit that and we read the comments I'm able to do that; that is your call. As
of now we won't read all of the written submissions we've received and they will be part of the written record
but not read as part of the meeting. There just simply received by the Town Board unless anyone feels
differently. We have a couple questions on our Facebook page. We have our kind of first question that people
have been asking is why isn't Spot Coffee serving take out like other restaurants? I'm not sure if anyone wants
to touch upon them.
Supervisor Dickson: Yeah, because the building is closed, she can't even get in the building and neither could
any customers.
Councilman Hanley: That's correct. She may be deemed essential as a restaurant but our workers are not; so,
without opening the building, she has no access to the building.

Page twenty two...
Mr. Najm: Okay. We have a question from a resident of the Orchard Park School District but the Town of West
Seneca, wondering if they're basically paying for services for the school district on that bus issue. Does
anyonewant to provide clarity on how to Orchard Parks School District residents aren't paying for a school
function, but rather a town function.
Supervisor Dickson: Are you talking about is she talking about the school bus issue, right?
Mr. Najm: Correct.
Supervisor Dickson: Well, in fact she is, or the person is absolutely right. There's an argument that when we
were talking about the trash line, someone said, well, what does it matter? It's the same tax base, you know,
your paying through your school, or you paying through your town. Well, the fact is that it's not the same tax
base. We have people in other towns in our districts, and other districts have people from them. So, for that
reason, I kind of lean towards just paying what, you know, paying what you what you owe. If you have a bill,
pay it.
Mr. Najm: We have questions regarding police and when they'll be restored after all these retirements. I
believe the Chief kind of touched that I'm not sure if he wanted to provide more clarity on that. So, we have a
question as to whether, or when the police department will be back at full strength, following the retirements.
Chief Denz: Do you want me to tackle that Gary?
Supervisor Dickson: Sure
Chief Denz: Okay, as far as the full strength of the police department is going to take us probably most of a, a
year and a half period to two years get back to full strength. Right now, with the coronavirus, the Police
Academy is shutdown. We do not know when it's going to reopen. The new civil service list was released;
however, the county still has to do some tasks on that to certify it. They have to do a physical agility and
physicals before that list becomes usable. Once the test results came out it made the old list null and void so
we can't take anybody off the old list and the new list technically isn't ready yet. There is a solid plan in place
that I have with the Town Supervisor and the Town Board for replacements. So it's just the timeframe will
probably take us the better part of a year and a half to two years, barring anything crazy like we're going
through right now, to get back to full staff.
Councilman Bauer: Chief, can you tell me how many officers you are down right now?
Chief Denz: Right now I am down eight. I am planning on by the end of the summer probably being down ten.
And hopefully the academy is open by August; we can get some people going. And I may have two further
retirements before the end of the year. Coming from 68 person police department, that's a pretty significant
number. We can get by short periods of time, you know, really stretched, but it's not sustainable. However, I
understand the fiscal difficulties there are so, that's why we had a long term plan in place. And the only one
I'm to replace now is that Assistant Chief job - which isn't a new person its just a promotiori
looking coming on,
from within. So, we're, we're going to be down ten by the end of summer.
Councilman Bauer: I know it probably has your force stretched out pretty good? Is there an awful lot of
overtime going in? Additional overtime?

Page twenty three...
Chief Denz: That is very hard to gauge right now, because under the State of Emergency, we have changed
our operations and our scheduling. I don't have a good feel for that. I can't give you a good answer on that. A
lot of our, because these were senior people, a lot of the retirements came out of the Detective Bureau, so it
doesn't particularly impact the street work right now. However, they're starting to get stacked up a little bit in
the, in the Detective Bureau. The positive side is everybody's staying in their house so the real heavy duty
crime right now for investigations is down. So I can't give you an honest answer there, Bill, you know, just
because of how things are rolling out under this State of Emergency.
Councilman Bauer: Okay. I appreciate that, thank you Chief.
Mr. Najm: And then finally there seems to be some confusion from our Facebook followers to our relationship
to Spot Coffee as their landlord. People are wondering why we're offering them a special break that we
wouldn't offer other restaurants in town. They kind of view it as a tax break, rather than relief for their lease, if
someone wants to quickly touch on our relationship to Spot Coffee and how they operate in our town facility.
Supervisor Dickson: Tina, you want to do that?
Town Attorney Hawthorne: So we're essentially their landlord and they are our tenant and as their landlord
have blocked off access to their establishment so they're not able to run it. But for the fact that the town has
locked the doors and the public doesn't have access to the Town Hall. So, there well, when I say Town Hall I
should've said the Community Center and Library, it appears that, you know, some people are of the belief that
we can just open the door to allow them to go into Spot Coffee. But I think there's much more involved in that
than maybe the residents realized that this point.
Supervisor Dickson: And frankly, I would hope that every landlord shows a little bit of mercy to some of their,
their tenants. A lot of restaurants are going through some very, very hard times.
Town Attorney Hawthorne: Yeah, and I think one person at least commented what we do if the government
reimburses them for the rent. I've been watching those program's pretty closely and, you know, the only grant
funding coming into small businesses like her franchise would be for payroll only and would not anything else
would be alone she would have to take out so I'm not aware of anything that would get her reimbursement on
a grant basis.
Mr. Najm: AIright, I think that's all the issues from the public.
EXECUTIVE SESSION
Supervisor Dickson: Okay so, Jeff do you want to make your motion?
Motion by Councilman Piekarec, seconded by Supervisor Dickson, to recess to executive session to

discuss the personnel matter within the Police Department, specifically the promotion of the position
Assistant Police Chief and salary requirements.
Supervisor Dickson: So for the public, once we're done with this that would be the end of our meeting. We're
not going to do any business after that. So, I'm going to stop the live streaming now.
Page twenty four...
AD.3OURNMENT
Motion by Supervisor Dickson, seconded by Councilman Bauer, to adjourn the meeting at 7:43P.M.
ÀÍviY M2OBLER, TOWN CLERK

RESOLUTION
WHEREAS, the building at the Charles E. Burchfield Nature & Art Center,
located at 2001 Union Road, is in a state of disrepair, which has limited it's occupancy
and functionality; and
WHEREAS, the Town Board of West Seneca has determined that it is in the best
interest of West Seneca and its residents to repair the building so it is able to be fully
occupied and functional, and said repairs will include east gallery exterior and interior
wall and ceiling repairs, patio restoration, main gallery ceiling repairs and painting, and
west gallery exterior and interior wall and ceiling repairs; and
142nd
WHEREAS, the New York State Assemblyman, Patrick Burke, of the
Assembly District, has allocated $100,000.00 to West Seneca to be used toward the
restoration and re-opening of the Burchfield Nature and Art Center, and the Town of
West Seneca understands that the process of reviewing, approving, and receiving said
funds will be between the Dormitory Authority of the State of New York (DASNY) and
the Town of West Seneca; and
NOW THEREFORE, be it resolved that the Town Board of the Town of West
Seneca authorizes the repairs to the Burchfield Nature and Art Center, specifically to the
east gallery exterior and interior wall and ceiling repairs, patio restoration, main gallery
ceiling repairs and painting, and west gallery exterior and interior wall and ceiling
repairs, at a cost not to exceed $100,000.00, utilizing labor from the Town's Highway
Department, and said repairs shall not commence until all of the following have
occurred: the grant funding has been approved and the Town is permitted to access
the funding, the current Governor mandated COVID-19 restrictions in the workforce
have been lifted, and the Town of West Seneca Highway employees are back to full
scale workforce.
WES
TOWN OF WEST SENECA TOWN SUPERVISOR
GARY DICKSON
TOWN COUNCil
WILLIAM HANLEY
WILLIAM BAUER
LAUREN J. MASSET JOSEPH CANTAFlO
RECREATION SUPERVISOR JEFFREY PIEKAREC
CORLESS DANIELLE AQUATICS NEW $12.00

MIA AQUATICS NEW $12.00
FRONTERA MARIA AQUATICS NEW $12.00
HARRIS BRADY AQUATICS NEW $12.00
HESSEL JAYSON AQUATICS NEW $12.00
LAMBERT DANIELLE AQUATICS NEW $12.00
MURRAY ELISABETH AQUATICS NEW $12.00
OLSZOWKA SAMUEL AQUATICS NEW $12.00
PENN EMILY AQUATICS NEW $12.00
ROLLEK BRIANNA AQUATICS NEW $12.00
SCHROCUS ALEX AQUATICS NEW $12.00
ZlER ALLIE AQUATICS NEW $12.00
BALOGH SAMANTHA AQUATICS REAPPOINTMENT $13.00
BLANDIN ERIN AQUATICS REAPPOINTMENT $13.00
BOUTON MEGAN AQUATICS REAPPOINTMENT $13.00
BREWSTER JOHN AQUATICS REAPPOINTMENT $13.00
ELLA AQUATICS REAPPOINTMENT $13.00
DEMARCO SAMUEL AQUATICS REAPPOINTMENT $13.00
D'MATO DAVID AQUATICS REAPPOINTMENT $13.00
DREWS CARSON AQUATICS REAPPOINTMENT $13.00
DYSON KATELYN AQUATICS REAPPOINTMENT $13.00
FARR ABlGAll AQUATICS REAPPOINTMENT $14.50
GELINAS MlKE AQUATICS REAPPOINTMENT $13.00
HARPER JACK AQUATICS REAPPOINTMENT $13.00
HUBER MORGAN AQUATICS REAPPOINTMENT $13.00
KAUFMAN SAMANTHA AQUATICS REAPPOINTMENT $13.00
KAUFMAN KELSEY AQUATICS REAPPOINTMENT $13.00
LEHSTEN HANNAH AQUATICS REAPPOINTMENT $13.00
LINDNER KELLY AQUATICS REAPPOINTMENT $15.00
MURRAY AllVIA AQUATICS REAPPOINTMENT $13.00
PIOTROWSKI CHRISTINA AQUATICS REAPPOINTMENT $13.00
PIOTROWSKI JESSICA AQUATICS REAPPOINTMENT $13.00
SAINSBURY KELSEY AQUATICS REAPPOINTMENT $13.00
SCARPELLO MORGAN AQUATICS REAPPOINTMENT $13.00
West Seneca Youth & Recreation Email: Imasset@twsny.org
Vlailing Address: 1250 Union Rd, West Seneca, NY 14224 Website: www.westseneca.net
Office Address: 1300 Union Rd, West Seneca, NY 14224 Facebook: West Seneca Youth & Recreation
Telephone Number: 716-674-6086 Twitter: WS_REC
Page 2 of 4
v4ES
. GARY DICKSON
TOWN COUNCil
WILLIAM HANLEY
WILLIAM BAUER
LAUREN J. MASSET JOSEPH CANTAFlO
SCHAUMLOEFFEL AARON AQUATICS REAPPOINTMENT $13.00

SIGLER SAMANTH AQUATICS REAPPOINTMENT $13.00
ZAK P,ACHEL AQUATICS REAPPOINTMENT $13.00
Gill MEGHAN CAMP NEW $12.00
JAKUBIK TAYLOR CAMP NEW $12.00
KEANE SAMANTHA CAMP NEW $12.00
PELLICANE CONNOR CAMP NEW $12.00
PIATEK KELSEY CAMP NEW $12.00
TOPORIZYK KENDAL CAMP NEW $12.00
WILLERT GRACE CAMP NEW $12.00
DRAJEM JOSEPH CAMP REAPPOINTMENT $13.75
KOEHLER EVAN CAMP REAPPOINTMENT $13.00
MARSHALL ALEXANDRA CAMP REAPPOINTMENT $15.00
MARSHALL ZACHARY CAMP REAPPOINTMENT $15.00
I PUTNAM AMANDA CAMP REAPPOINTMENT $13.00

SCHLEER JACQUELINE CAMP REAPPOINTMENT $13.00
Please note that we have not selected any Head Lifeguards. If an employee was a Head Lifeguard in 2019 they may be being
appointed in 2020 at a lower rate of pay. Head Lifeguards and WSI pay rate increases will be given at a later date. The department is
stillhiring Assistant Pool Supervisor, Head Lifeguards, Lifeguards, Camp Leadership and Camp Counselors. More information can be
found on our website (www.westseneca.net).
Total
Who
2019 Worked 2020 Estimated Total Hired 3-30-
Hourly
Title Type Rate in 2019 2020 Rate to Hire 2020
Return ($15.00) New
Pool Supervisor Aquatics $14.50 1 ($14.50) 1
Return ($15.00) New
Camp Director Recreation $13.00-$14.00 2 ($14.50) 1

Asst Pool Return ($14.50) New
Supervisor Aquatics $14.00 2 ($14.00) 2-3 1
Asst. Camp $13.00 - Return ($14.50) New
Director Recreation $14.00 1 ($14.00) 0
Return ($13.50) New
5-6
Head Lifeguard Aquatics $13.25 5 ($13.25) . 0
Lifeguard Aquatics $12.00 - 24 Return ($13.00) New 30+ 35
West Seneca Youth & Recreation Email: imasset@twsny.org

Mailing Address: 1250 Union Rd, West Seneca, NY 14224 Website: www.westseneca.net
Telephone Nürñber: 716-674-6086 Twitter: WS_REC
Page 3 of 4
O GARY DICKSON
TOWN COUNCIL
WILLIAM HANLEY
WILLIAM BAUER
LAUREN J. MASSET JOSEPH CANTAFIO
$12.50 ($12.00)
$12.00 - Return New
($13.00)
Camp Staff Recreation $12.50 22 ($12.00) 25 12
Return ($16.00) New
Bus Driver Recreation $15.50 2 ($15.50) O
Avail to any employee

whose job does not
WSI Cert Both 6 .50 Cent Pay Raise require this 0
Total 65 50
West Seneca Youth & Recreation Email: imasset@twsny.org

Mailing Address: 1250 Union Rd, West Seneca, NY 14224 Website: www.westseneca.net
Telephone Number: 716-674-6086 Twitter: WS_REC
Page 4 of 4

Warren v. West Seneca

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Warren v. West Seneca

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FILED: ERIE COUNTY CLERK 07/24/2020 09:16 AM INDEX NO.

STATE OF NEW YORK : COUNTY OF ERIE

Plaintiff, : Index No.:

: The of Erie is the location of the Plain-

; tiff's residence as set forth below (CPLR §

To the above named Defendants:

YOU ARE HEREBY SUMMONED to serve an Answer on the Plaint:fwithin twenty

default for the relief demanded in the complaint.

DATED: July 22, 2020

Buffalo, New York

836 Indian Church Road

STATE OF NEW YORK : COUNTY OF ERIE

brings this proceeding for a declaratory judgment, to invalidate approvals already

and (2) without Defendants having complied with SEQRA.

Town's Highway Department.

and State of New York.

on all purchases made within the State of New York.

West Seneca, County of Erie and State of New York.

budget anticipates receiving $408,552.00 in State Aid.

receiving $6,050,000 from Erie County.

Finance Law § 123-b (1).

acknowledgement and partial response.

Deeds 10927 Page 5371.

referenced property that is the subject of this action.

(Page 11 of Exhibit "3")

(Pages 7-8 of Exhibit "3").

of West Seneca Burchfield Park Development Project would be non-significance

Improvements Project. (Page 21 of Exhibit "3").

Historic Preservation in accordance with the provisions of Title 9 of the Environmental

construction of an amphitheater, stage, children's play and educational areas, overlook

(Page 54 of Exhibit "3").

Report of Examination - Period Covered: January 1, 2006

away as Mississippi. While WNY AmeriCorps expanded its reach, it

administration agreement, whereby, effective August 2008, the Town

formally assigned its grantee responsibilities to WNY AmeriCorps to

construct a restroom and storage facility at Burchfield Park ("Burchfield

recommendation of the Town Engineers and Code Enforcement Officers (Page 64 of

of the public trust doctrine.

1175, 1180 [2015]).

manner in violation of the public use doctrine.

is a true copy of this document.

copy of this document.

true copy of this document.

and waiting for a decision of the Appellate Division, Fourth Department.

2020 at 1:58 p.m. from https://www.osc.state.ny.us/sites/default/files/local-

Emergency in the State of New York due to the COVID-19 pandemic.

true copy of the minutes of this meeting.

51. This challenged resolution is of appreciable public significance.

Karedes v Colella, 100 NY2d 45, 50).

(Opinion 99-2 of the State Comptroller).

has been met or complied with.

various departments to varying extent on projects to reduce their costs. To Plaintiffs

force came to fruition.

(see Labor Law, §220 et seq.).

reconstruction, or alteration of this public building will exceed $500,000 and is in

violation of General Municipal Law § 101.

0109, 6 NYCRR § 617.1).

accomplished, the Legislature created an elaborate procedural framework requiring

parties to consider the environmental ramifications of their actions "[a]s early as

property pursuant to 6 NYCRR 617.6(a)(1).

preparation of an EAF, whose purpose is to aid an agency "in determining the

action, contain wetlands or other waterbodies regulated by a federal, State or local

floodplain that Plaintiff's property is just outside of and downstream from.

some time after the rain subsided.