West Seneca Town Board Meeting Minutes 06/23/2008
Supervisor Wallace C. Piotrowski called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Deputy Town Attorney Paul Notaro. ROLL CALL: Present -
Absent - None Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. 11-A MINUTES TO BE APPROVED
11-B TABLED ITEMS 1. Adoption of Noise Ordinance Remained on the table. 2. Sale of 20 School Street Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
3. People Inc. senior housing project on Seneca Street Motion by Supervisor Piotrowski, seconded by Councilman Graber, to remove this item from the table.
Rhonda Frederick, Chief Operating Officer at People Inc., introduced Housing Director Jocelyn Bos, William Long of William Long Associates Architects, and Paul Bowers of William Schutt & Associates. Mrs. Frederick stated that based on comments made at the previous Town Board meeting, the design of the proposed senior housing project was changed from a 3-story to a 2-story building. She requested that the Town Board refer the project to the Planning Board. Councilwoman Bove thanked People Inc. for listening to the Town Board’s objections and suggestions and revising their site plan. She thought the revised plan with a 2-story building would fit better into the character of the neighborhood.
11-B TABLED ITEMS 3. (continued) Motion by Councilman Graber, seconded by Councilwoman Meegan, to refer the proposed People Inc. senior housing project on Seneca Street to the Planning Board for their review and consideration.
11-C COMMUNICATIONS 1. Supervisor Piotrowski re Retirement of R Peacock & appointment of D Kester as Fire Alarm Maintenance Worker Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Raymond J. Peacock and terminate him as Fire Alarm Maintenance Worker effective July 5, 2008, noting that Mr. Peacock served the Town of West Seneca for over 36 years; and further, appoint Dennis L. Kester as Fire Alarm Maintenance Worker, Group 5A, Step 5, at a rate of $26.34 per hour effective July 5, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Supervisor Piotrowski re Appointment of Martin Hourihan as Laborer in Bldgs. & Grounds Dept. Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to appoint Martin B. Hourihan as Laborer in the Buildings & Grounds Department, at a rate of $21.24 per hour, Group 1, Step 1, effective June 24, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated that this item was put on the agenda without consulting other board members for options or other considerations, and the process had not changed since January. Motion by Councilwoman Bove, seconded by Councilman Clarke, to table Item #2, #10 & #16 concerning personnel issues until the completion of Section 11-C, and at that time the Town Board shall recess to Executive Session for discussion on these issues.
3. Supervisor Piotrowski re Resignation of J Ciancio as Planning Board Chairman & appointment of Robert Niederpruem Jr. Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Joseph Ciancio as Planning Board Chairman effective June 24, 2008 and appoint Joseph Ciancio as Planning Board member effective June 24, 2008 at an annual salary of $3676.00; and further, appoint Robert Niederpruem Jr. as Planning Board Chairman effective June 24, 2008 at an annual salary of $5420.00 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11-C COMMUNICATIONS 4. Supervisor Piotrowski re Leave of absence for William Geary Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a leave of absence without pay to William E. Geary Jr. from his position as Laborer in the Buildings & Grounds Department effective June 23, 2008 thru June 23, 2009 in accordance with Section 14.1 of the Blue Collar contract and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5. Supervisor Piotrowski re W.S. School District Soccer Park proposal for 2008-2009 Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the West Seneca School District Soccer Park proposal for 2008-2009. On the question, Councilwoman Bove stated that she had spoken with W.S. School Superintendent Jean Kovach this date and there were a few issues that had to be worked out, especially with the Buildings & Grounds Department. Motion by Councilwoman Bove, seconded by Councilman Clarke, to table this item.
6. Supervisor Piotrowski re St. John Vianney Annual 5K Run Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of St. John Vianney Church to hold their annual 5K Run on July 24, 2008 beginning at 6:30 P.M. on designated streets in the Town of West Seneca.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to suspend the order of business to address an item from Code Enforcement Officer William Czuprynski.
6A. Code Enforcement Officer re Electronic sign at Mighty Taco Motion by Councilman Graber, seconded by Councilwoman Meegan, to allow Mighty Taco a sign change at 2884 Ridge Road, noting that they were previously approved for an electronic sign with one color copy and the change will be to a similar sign with full color capabilities.
7. Councilwoman Meegan re Erie County Summer Youth Employment Program Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to enter into the proposal and agreement for the Summer Youth Employment Program with the Erie County Workforce Development Consortium, Inc., noting that there will be no cost to the town for this program.
11-C COMMUNICATIONS 7. (continued) On the question, Councilwoman Bove noted that the contract attached to this agenda item had a number of blank spaces and she questioned if Town Attorney Edwin Hunter had reviewed it. Councilwoman Meegan advised that the contract was given to Mr. Hunter for his review. There will be jobs at various locations, the Burchfield Center, Senior Citizens Center, Centennial Park, and soccer park and the information will be filled in after this is approved. Councilwoman Bove questioned if Mr. Hunter had reviewed the contract and would approve a contract with blanks. Mr. Hunter stated that he did not review the contract until today and of course he would not approve a contract with blanks. Councilwoman Bove questioned who will be supervising the worksites. Councilwoman Meegan advised that Erie County has a supervisor that goes out to all the worksites. Councilwoman Bove questioned how many supervisors will be on site. Councilwoman Meegan understood that there will be three gentlemen from Erie County that go to each of the sites.Councilwoman Bove stated that she tried to contact Youth Services Coordinator Maureen Krause with some questions she had but was unable to get any answers. Councilwoman Meegan stated that there would be 10 children from East Senior High and 10 children from West Senior High, and she understood that the town had participated in this program in the past. Councilwoman Meegan spoke with each of the town department heads and asked if they would be interested in participating. Councilwoman Bove understood that these were disabled high school students. Councilwoman Meegan disagreed and stated that she was informed by Maureen Krause that these were 16 to 19 year old high school children that were on a regents program. Councilwoman Bove thanked Councilwoman Meegan for looking into this and liked the fact that there would be no cost to the town, but she wanted more information before voting on it. Mr. Hunter stated that when he reviewed the contract he noted that the definition of worksite was left blank, and his interpretation of that was that it was not a town department that would be the worksite and that it was a private enterprise participating in the summer youth program. Mr. Hunter noted that there were indemnification requirements, so the town would be responsible for indemnifying the Workforce Corporation of Buffalo & Erie County (WCBE) and providing insurance. Councilwoman Meegan stated that she had a certificate of insurance from Erie County and that included worker’s compensation and general liability. Mr. Hunter noted that Paragraph 14a specified that the worksite shall maintain at its own expense various insurance coverages for the benefit of WCBE. Since worksite was left blank, he presumed it was not a town agency.
11-C COMMUNICATIONS 7. (continued) Councilwoman Meegan stated that the insurance they had indemnified the Town of West Seneca from any injury or losses and she had received a copy of WCBE’s certificate of insurance to cover them. Councilwoman Meegan further commented that this program was worked through Youth Director Mark Lazzara in the past, but he chose not to run it this year and Ms. Krause asked that the town run it instead. Mr. Hunter referred to Paragraph 15 and stated that it seemed like WCBE was indemnifying the town and the town was indemnifying WCBE. He did not believe this made much sense and thought there should be more information. Councilwoman Meegan noted that the town’s insurance carrier, First Niagara, also reviewed the contract and gave their approval. She had forwarded them the certificate of insurance from the County of Erie and they said it was in proper order. Motion by Councilwoman Bove, seconded by Councilman Clarke, to table this item for further information.
8. Town Attorney re Senior Services Nutrition Contract Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the Senior Services Nutrition Contract for the year 2008 and continue this valuable service for the community.
9. Town Engineer re Bid award for 2008 Sanitary Sewer Rehabilitation Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the 2008 Sanitary Sewer Rehabilitation Project, Job No. S-0806, to United Survey, Inc., 25145 Broadway Avenue, Oakwood Village, OH 44146, at their low contract amount of $282,335 and authorize the Supervisor to sign the contract documents.
10. Highway Supt. re Title change for part-time laborers to laborers in Sanitation Department See Page 14. 11. Highway Supt. re Termination of Michael Ryan as part-time laborer in Bldgs. & Grounds Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Michael Ryan as part-time laborer in the Bldgs. & Grounds Department effective June 16, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11-C COMMUNICATIONS 12. Highway Supt. re Appointment of part-time laborers in Bldgs. & Grounds Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Nicholas Margarucci and Joseph Waszkielewicz as part-time laborers in the Bldgs. & Grounds Department for summer help effective June 23 – September 5, 2008 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Highway Supt. re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $5487.69 to Lakeside Sod Supply Co., Inc. for ball diamond mix.
14. Chief Gehen re Status change for Public Safety Dispatchers to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers Richard Galli and Jeffrey M. Locher to part-time seasonal effective June 1 – 30, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Town Clerk re Pohlman Jewelers project – 736 Union Road Attorney Ralph Lorigo, 101 Slade Avenue, represented Anne Pohlman of Pohlman Jewelers and stated that Mrs. Pohlman was the contract purchaser of 736 Union Road. She has been in business at 1045 Union Road for 20 years and was proposing to relocate to 736 Union Road. A concept site plan was submitted to the town along with a complete rezoning application and a full environmental assessment form. Mr. Lorigo asked that the Town Board refer this proposed project to the Planning Board for their review. Councilwoman Bove questioned if Mrs. Pohlman was currently leasing the property at 1045 Union Road. Mrs. Pohlman responded that she had been leasing the property at 1045 Union Road since 1989. Mr. Lorigo stated that the building at 736 Union Road had been used as a doctor’s office and Mrs. Pohlman planned to remove a portion of the building, so it would be smaller than it currently is. Mrs. Pohlman only had one employee, her hours of operation were limited, and there were approximately 15 customers per day. Councilwoman Bove referred to last fall when a credit union proposed to relocate across the street from this location and needed a rezoning. At the December 17, 2007 Town Board meeting when that rezoning was addressed, Councilwoman Bove had commented that they would be extending the commercial district beyond what the Comprehensive Plan stated. The Comprehensive Plan was a three year process and dealt with management of growth, and it did not support extending commercial use farther south than Cazenovia Creek, with the commercial area normally being around and north of the Southgate Plaza. Councilwoman Bove stated that a number of the surrounding residents attended the Town Board and
11-C COMMUNICATIONS 15. (continued) Planning Board meetings and brought up traffic issues, commenting that it was very difficult for them to get in and out of their driveways because of the traffic. Another resident also commented on the number of accidents she had seen at East & West Road and Union Road. Councilwoman Bove further commented that the character of the neighborhood was mainly residential from the Cazenovia Creek bridge to Orchard Park. One of the residents had stated, and she agreed, that to allow a rezoning at that location would set a precedent and what would happen in the future was important. Every rezoning set the stage for change and based on the Comprehensive Plan, Councilwoman Bove did not believe there should be a change at this location. Mr. Lorigo stated that the Town Board was not being asked to vote on the rezoning at this time; they were simply being asked to refer the application to the Planning Board to allow it to go through the process. Councilman Graber commented that one of the reasons the application was presented to the Town Board for referral to the Planning Board was because in the past an applicant would go directly to the Planning Board, spend a lot of money on an attorney and architect, and overturn the decision of the Town Board because of the expense they incurred throughout the process. If the Town Board votes against the application going to the Planning Board, they will not be incurring a lot of expense and an Article 78 would likely be unsuccessful. The Article 78 would also be against the Comprehensive Plan and that too would likely be unsuccessful. Mr. Lorigo stated that there were no criteria established for the Town Board’s review at this point as there was with the Planning Board process. Councilman Graber responded that if the Town Board denies referral of the application to the Planning Board, the applicant has to either accept that or sue the town. Mr. Lorigo commented that Mrs. Pohlman has operated a business in West Seneca for 20 years and the character of that business would fit into the proposed neighborhood. There is a dentist’s office across the street, an attorney’s office at the opposite corner, and a doctor’s office nearby. Councilman Graber commented that Pohlman Jewelers was a fine establishment and the town was fortunate to have them, but there were numerous commercial locations in town where the project could locate. He noted that the Town Board had not been doing things right for many years. They had not followed the SEQR process properly or the process of referring items to the Planning Board, but they were committed to doings things right and did not want an applicant to spend money on a project that the Town Board did not want to entertain. Councilman Graber preferred that Pohlman Jewelers locate somewhere else that is more amenable to commercialization. The location they were proposing was residential and the surrounding neighborhood on Union Road was also residential. If this property were to be rezoned to commercial there was a good chance for that to expand down Union Road. Councilwoman Bove stated that the Town Board had a right and an obligation to support the Comprehensive Plan, which was their guide for land use decision making. She did not like spot zoning or sprawl and did not think they needed retail where it shouldn’t be. Councilwoman Bove thought this proposal was asking the Town Board to go against the Comprehensive Plan.
11-C COMMUNICATIONS 15. (continued) Mr. Lorigo stated that these were legitimate issues that should be brought out, but the applicant was not even able to present her case with regard to what she would do with the building, hours of operation, etc. Mrs. Pohlman was aware of the expense involved and that she would have to do a substantial amount to win the board’s approval. They were just asking for the opportunity to present the project to the Planning Board at this time. Motion by Councilwoman Bove, seconded by Councilman Clarke, to deny referring the proposed project at 736 Union Road to the Planning Board. On the question, Councilman Graber based his opposition to referring this project on the recent Comprehensive Plan for the Town of West Seneca.
16. Recreation Director re Appointment of part-time seasonal employees See Page 14. 17. Youth Director re Payment to Carbon County RSVP for administrative expenses Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2850 to Carbon County RSVP, 30 East 200 South, Price UT 84501, for staff expenses incurred from April 1, 2007 thru March 31, 2008 in association with the AmeriProCorps grant.
18. Youth Director re Payment to Civic Works Inc. for staff expenses Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $5490 to Civic Works Inc., 2701 St. Lo Drive, Baltimore, MD 21213, for staff expenses incurred from October 1, 2006 thru March 31, 2007 in association with the AmeriProCorps grant.
19. Youth Director re Payment for YES/Peer Counseling awards dinner Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2933.64 to Kotecki’s Grandview Grove for the 2008 Youth Engaged in Service/Peer Counseling Awards Dinner.
20. Supervisor Piotrowski re West Seneca Youth Bureau Programs Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the report of the West Seneca Youth Board meeting of January 10, 2008 directing the Youth Bureau to provide the programs agreed upon by the Youth Board as noted in the meeting minutes.
11-C COMMUNICATIONS 21. Supervisor Piotrowski re Peer Counselors & YES Directors’ salary Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set the salary for the Peer Counselors at $30,520 per year, per counselor, and set the stipend for the YES Coordinators at $10,000 per year, per coordinator.
22. Supervisor Piotrowski re Merger of W.S. Recreation Department & W.S. Youth Bureau Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to direct the Town Attorney to process with the NYS Office of Children & Family Services the merger of the West Seneca Recreation Department and the West Seneca Youth Bureau. On the question, Supervisor Piotrowski stated that last year the voters in West Seneca elected three new board members and the message he got was that they were fed up with high taxes and wanted a change in government. No savings was too little and he thought if each department in town gave something back they could make up the deficit they would have in 2008, and in 2009 they would not have to increase taxes. Supervisor Piotrowski stated that the Comptroller and the town’s auditor were sending the board members warnings and they should heed those warnings. The residents wanted reform and he was conveying ideas that he heard from the residents of the town concerning reforms that were necessary. The budget process did not begin in the fall; it took place all year long. In 2008 there were several problems they were trying to address that would result in a deficit. The first problem was that last year’s Town Board budgeted $3.9 million for health insurance, although they knew in July that the bill would be $4.4 million, leaving a half million dollar deficit to make up. There was also a claim for the 2005 storm that was already paid and property rent that went unaccounted for. In 2009, labor costs will increase $443,000 and insurance costs will go up at least $400,000 according to the town’s auditor. Without any cost savings, they were looking at a tax increase to make up the $800,000 difference. Supervisor Piotrowski noted that merging the Recreation Department and Youth Bureau was previously accomplished in Cheektowaga and Tonawanda, and Amherst was also completing the same merger. The current salary of the Youth Director was $80,000 of which the town was reimbursed 40 percent by NYS for $31,000. The current salary of the Recreation Director was $67,000 and if they merged the two positions, the savings from NYS would be $26,000 which would be enough to pay for an assistant to administer the programs. Supervisor Piotrowski stated that the 2008 budget for the Youth Bureau was $323,000 and the residents and taxpayers were concerned about where that money was going. The town receives $72,000 in reimbursements from the school district and NYS, thereby leaving a difference of $250,000 that is spent on programs. The peer counseling and YES programs are good programs and the town would be continuing them, but they needed to cap overtime expenses. There was also a question with Erie County Personnel because the two employees in these positions were carrying two titles, and that was not permitted under Civil Service Law. Supervisor Piotrowski referred to other issues in town, such as conditions at the Ice Rink, the library wanting more space, the Police Department needing more space, the poor condition of the Recreation Building, and the heating and air conditioning system at Town Hall. He suggested moving the Building & Plumbing Department, Engineering Department, and Emergency Services Department to the Burchfield Center and retaining the Burchfield Foundation there also. The first floor of Town Hall would then be available for the Police Department, and the Town Board would not have to go to the residents for an over $2 million bond issue to construct an addition. The balance on the Burchfield Center bond was $391,000 as of
11-C COMMUNICATIONS 22. (continued) December of this year and they could not find a building to rehabilitate or construct for this amount and at the same time solve the Police Department’s problems. In future years they could budget the prisoner elevators and secure transport areas Chief Gehen was requesting. Councilwoman Meegan commented that Mark Lazzara held the titles of Youth Bureau Director, AmeriCorps Director and School Board President, and while his efforts were commendable, she thought he was spreading himself too thin and did not see how he could hold all three titles effectively.
23. Supervisor Piotrowski re Termination of AmeriCorps rental of Burchfield building Motion by Councilman Graber, seconded by Supervisor Piotrowski, to terminate the rental by AmeriCorps of the Burchfield Building on December 31, 2008. On the question, Councilman Graber stated that he made this motion only for the purpose of opening discussion on this item. Supervisor Piotrowski stated that the AmeriCorps program currently paid $75,000 in rent to the town. There was space available at the Southgate Plaza for $20,000, other locations available for $16,000, and free space also available at the HSBC building on Seneca Street or Cazenovia Parkway for them to do their excellent and fine work in West Seneca, WNY, and the United States. Supervisor Piotrowski commented that he was elected by the residents to save taxpayer dollars and the difference between $75,000 and zero was quite significant. Mr. Lazzara was quite successful with the AmeriCorps program and would continue to be much more successful in the future, but he did not need the Town of West Seneca to financially prop up his organization. Mr. Lazzara could make much more in salary as a stand alone, not-for-profit organization and Supervisor Piotrowski was willing to help with the transition. The Town Comptroller and town auditor both looked into the financial circumstances of AmeriCorps and had prepared a memorandum with their findings. Motion by Councilman Graber, seconded by Councilwoman Bove, to amend the motion and enter into a grant administration agreement dated June 23, 2008 between the Town of West Seneca and not-for-profit company WNY AmeriCorps Fund Inc., whereby the not-for-profit agrees to assume the town’s obligation under the grants and authorize Councilwoman Bove to execute the agreement on behalf of the town. On the question, Supervisor Piotrowski questioned if Town Attorney Edwin Hunter had reviewed the agreement. Mr. Hunter responded that he only heard about the agreement late this afternoon. He questioned who prepared the agreement and thought the recitals were lacking information. One of the recitals mentioned that the town had established partnerships with numerous other agencies, municipalities and not-for-profit organizations to meet the cash and in-kind requirements of the grants. These were stated to be in excess of $1,700,000 for each, both cash and in-kind. He questioned what the partnerships were and who they were with, noting that there was no mention in the contract. Mr. Hunter further stated that he was provided a copy of the agreement at this meeting and did not have the opportunity to review it in its entirety.
11-C COMMUNICATIONS 23. (continued)Councilwoman Bove questioned if Deputy Town Attorney Paul Notaro had an opportunity to review the grant administration agreement. Mr. Notaro responded that Councilwoman Bove had contacted him this date and they went over a number of the items in the agreement. He supported the idea of the agreement, but thought there were some items that needed to be addressed before the document was signed. Mr. Notaro had some concern because they were not looking at the actual grant documents that had certain obligations for the town as far as providing space and other obligations because they were a party to the original grant. They needed to address these things because they could not just cancel a grant with the federal government or New York State. There were nine grants and two were ending this year. Mr. Notaro thought the basis of the agreement satisfied Supervisor Piotrowski’s desire to release the town of some of the burdens of the AmeriCorps program, but they could not ignore the burdens that the grant placed on the town that they could not avoid. Councilwoman Bove questioned if the Town of West Seneca was contractually obligated to the federal and state government to at least the year 2011 by contract. Mr. Notaro understood that the grants were through December 31, 2010 so the town would be obligated until then. Mr. Hunter stated that they had not reviewed the grants, but there might be a means of contacting federal and state agencies to see if they would consent to the town being removed from responsibility on the grant and allow AmeriCorps to undertake full responsibility and fulfill the obligations. They would have to review the grants, but they also did not know anything about the other partnerships. Councilwoman Bove questioned if Supervisor Piotrowski had read the grants. Supervisor Piotrowski stated that he had not reviewed the grants. They were in the AmeriCorps building and he did not have access to them. The AmeriCorps was a private entity and they did not control the grant funds. Supervisor Piotrowski noted that the town had lent over $2 million to the AmeriCorps program and there was a delinquency in payments. The termination dates for each of the grants was between August 2008 and December 2010. Councilman Graber questioned Supervisor Piotrowski’s statement that the town lent over $2 million to the AmeriCorps program. Comptroller Robert Bielecki responded that the town advanced payment through the payment of bills in excess of the amount received on the grants, close to $2,100,000 as of June 19, 2008. Councilman Graber stated that Erie County advances $60 million a year for grant money they will receive from the state and federal government. This is totally put on the shoulders of the taxpayers because they know that during the reconciliation period all monies will be paid in full. Councilman Graber commented that advancing money was a way of doing business. Mr. Bielecki stated that as of December 31, 2006 the advance was over $1 million, as of December 31, 2007 the advance was over $1,600,000 and on June 20, 2008 the advance had grown to $2,095,000. This was money the town was losing interest on and money that was growing exponentially. Mr. Bielecki thought that this situation should be brought under control. Councilman Graber questioned at what interest rate the town could invest that money that would be a safe investment.
11-C COMMUNICATIONS 23. (continued) Mr. Bielecki responded that the money could be invested at 4 percent. Councilman Graber stated that when the Town Board voted 15 years ago to commence the AmeriCorps program, no one ever imagined that it would become what it is today. In 2007, 461 AmeriCorps members provided 3420 hours of service, 17,312 volunteers were recruited and provided 234,496 hours of service, 66 non-profit partnerships, and 263 sites received AmeriCorps service. The Town of West Seneca’s share was $340,000 in 2007 and the total financial impact for 2007 was $23,450,000. Councilman Graber commented that the City of Buffalo, Town of Cheektowaga, and many other others would love to have AmeriCorps located in their municipality. The proposed agreement puts the burden of raising $3.5 million on the shoulders of WNY AmeriCorps, none of it is the responsibility of West Seneca taxpayers. They will be paying the town $75,000 towards facility costs to remain at the Burchfield Nature & Art Center. There will be 20 non-Civil Service full-time employees transferred from the town to the not-for-profit. The not-for-profit will be responsible for all vehicles and insurance, including providing a car for Executive Director Mark Lazzara. He was taking on the responsibility and did not want the town to pay for his vehicle any longer, the grant money would pay for it. The not-for-profit will provide the town with $1 million worth of insurance and the town’s only obligation was a pass through, advancing money during the reconciliation period. The taxpayers of West Seneca will pay nothing and in return WNY will receive over $20 million. Councilwoman Meegan stated that Mr. Lazzara was giving up his car because the board members had discussed this issue with him. She had spoken to him months ago about the insurance on all the vehicles that the town was paying $14,000 to $18,000 annually, the building insurance, and taking care of their payroll and mailings. Councilman Graber agreed with Councilwoman Meegan and stated that this was what the agreement was all about. The new Town Board began analyzing AmeriCorps and the Youth Bureau and they found that there was no clear separation. Many things were addressed in the agreement that Supervisor Piotrowski and Councilwoman Meegan were adamant about. Councilwoman Bove thought the agreement was fair to the town and fair to AmeriCorps. She commented that there were many more issues in the town that they had to face and they would face them together as a community. Supervisor Piotrowski referred to Paragraph #10 and questioned if the town was required to pay the amounts listed on the schedule each month to the AmeriCorps program or if it would be a line of credit. Councilman Graber stated that it was the same as they had been doing in the past, the town pays the bills and is eventually reimbursed by the grant. The town advances the money and receives payment in the end. In all likelihood, the amount of money paid by the town on a monthly basis will begin to decrease up until December 2010. Any new grants will be entirely in the hands of WNY AmeriCorps. The agreement will take them to the end when there will be a total separation. Mr. Bielecki stated that since January 1, 2008 when AmeriCorps owed the town $1.6 million, the town only collected $361,000. He looked at this as a line of credit, and most funding sources with a line of credit would like to see it go to zero at least once a year. This line of credit had grown exponentially from 2006 through this date, and it could go to $3 million by the end of the year. Councilwoman Bove suggested that the Comptroller’s Office work with the AmeriCorps to get the money back in. If the claims have already been done, it was up to the Comptroller’s Office and AmeriCorps to get this accomplished.
11-C COMMUNICATIONS 23. (continued) Supervisor Piotrowski questioned when the vehicles would be transferred to AmeriCorps. Councilman Graber responded that the vehicles would be transferred to AmeriCorps by August 1, 2008. Supervisor Piotrowski questioned if the liability policy should be greater than $1 million to protect the town. Mr. Hunter presumed that $1 million was a little light and there should probably be at least an umbrella to cover excess up to possibly $5 million. Mr. Notaro agreed that the insurance should be high and thought that this amount could be worked out between he and Mr. Hunter before the document is signed. Mr. Hunter noted that the town was making a representation at the end of the agreement that it had authority to enter into the agreement, but if the town executes the agreement at this time it may be in violation of its grant obligations. They could determine this by reviewing the grants, but the agreement should not be signed prior to reviewing them.
Motion by Councilman Graber, seconded by Councilwoman Bove, that the Town Board recess to Executive Session to discuss personnel issues.
The Town Board recessed to Executive Session at 8:40 P.M. and returned at 9:00 P.M. 2. Supervisor Piotrowski re Appointment of Martin Hourihan as Laborer in Bldgs. & Grounds Dept. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Martin B. Hourihan as Laborer in the Buildings & Grounds Department, at a rate of $21.24 per hour, Group 1, Step 1, effective June 24, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Motion by Councilwoman Bove, seconded by Councilman Clarke, to amend the motion and appoint Alan F. Parker as Laborer in the Buildings & Grounds Department, at a rate of $21.24 per hour, Group 1, Step 1, effective June 24, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated that Mr. Parker has been an independent businessman in the Town of West Seneca for 40 years. His business was auto mechanics and he gained the trust of various town departments by servicing their vehicles, in particular the police vehicles. Mr. Parker is a veteran, was a mechanic in the U.S. Army, is a volunteer fire fighter, and has a commercial driver’s license. Councilwoman Bove highly recommended Mr. Parker and commented that he would be a great addition to the town workforce, noting that he could do small engine repair and maintenance on the Buildings & Grounds Department vehicles and take the load off the Highway Department.
11-C COMMUNICATIONS 10. Highway Supt. re Title change for part-time laborers to laborers in Sanitation Department Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate the following part-time laborers in the Sanitation Department and appoint them as Sanitation Laborers effective June 23, 2008 at a rate of $16.31 per hour: Samuel Gioia and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Motion by Councilwoman Bove, seconded by Councilman Clarke, to amend the motion and terminate the following part-time laborers in the Sanitation Department and appoint them as Sanitation Laborers effective June 23, 2008 at a rate of $16.31 per hour: Samuel Gioia and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Recreation Director re Appointment of part-time seasonal employees Motion by Councilman Graber, seconded by Councilman Clarke, to appoint the employees on the attached list as part-time seasonal effective June 25 – September 30, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that those individuals listed under Recreation Attendant with a 2008 starting date are removed from the list and directing Recreation Director Robert Walsh to fill the positions as required. On the question, Councilwoman Bove stated that in her opinion if they are cutting back on Recreation Attendants they should rehire individuals that worked for the town in the past, had experience, and knew what they were doing. They should not be bringing on new people to take the place of those that were pushed aside.
*APPENDICES* 11-D REPORTS
ISSUES OF THE PUBLIC STAFFING REINSTATED AT TOWN PARKS Jean Boltz, 129 Suburban Court, presented a petition signed by hundreds of West Seneca residents opposed to the closing of recreation programs in certain West Seneca parks. They strongly felt that such a move was not justified by reasonable examination of the cost involved in terms of quality of service, impact of safety, accessibility, and loss of good role models. They asked that the Town Board recommit to the children and preserve a valuable program that could effectively serve the community for the summer of 2008. Motion by Councilwoman Bove, seconded by Councilman Graber, to reinstate staffing at all West Seneca parks that were staffed in 2007 for the protection and benefit of the children, two staffers per park, and as best as possible one male and one female staffer so that all children can feel comfortable to come and enjoy their parks. On the question, Councilman Graber stated that he had heard from many people that the Town Board had not made the right decision on this issue. He agreed that the town had to lower the cost of doing business, however, the people of West Seneca clearly spoke on this issue and he was elected to represent the people. Councilwoman Meegan stated that her original decision on this issue had nothing to do with finances. Coming from an insurance background, she was concerned about the town’s liability with no restroom facilities at some of the parks. Councilwoman Meegan stated that the town tries to keep the children at parks in their own neighborhood in case they have to use the rest room and go home or to someone’s house that they know. However, if they do not know someone in the neighborhood and have to travel a distance and something happens, there is liability exposure for the town. Councilman Graber suggested that Recreation Director Robert Walsh document the actual involvement of children at the parks, and if a certain percentage of the parks are not utilized after 1 PM, next year they can close them at 1 PM. Councilwoman Bove agreed that each year proper data should be taken so that decisions for the next year can be made properly. Councilwoman Meegan noted that she had presented each of the board members with data that was received from the Recreation Department last year and it was very clear which parks were being used. Mr. Walsh had also informed the board members that there were no children in the parks after 1 PM.
Kim Lampman, 9 Brairhill Drive, commented that Orchard Park, East Aurora, and other towns ran wonderful Recreation Departments with day camps. The parents paid a fee to send their children there to swim, play organized sports, go on field trips, and do arts & crafts. The parents paid hundreds of dollars each summer for their children to participate in these day camps and the towns made money on the programs. Mrs. Lampman suggested organizing a committee to study ways to provide this valuable service for working parents that needed day camps for their children and make money for the town instead of it costing money. The children could benefit immensely by spending time with their friends in organized activities, and all the parks that the town is paying to maintain all summer will be utilized. The town had the facilities and she suggested using them and making money on them. Lori Evens questioned if the West Elementary playground could be opened for the children and noted that they had rest room facilities and people were always there. Supervisor Piotrowski stated that they would have to check with the school district about use of the West Elementary playground.
ISSUES OF THE PUBLIC AMENDMENTS TO NOISE ORDINANCE Dixie Blando, 60 Amana Place, commented on the proposed changes to the Noise Ordinance and stated that drastically changing the ordinance will affect every neighborhood and business in town by giving many neighbors that have a dispute with another neighbor the ability to flood the Police Department and Code Enforcement Office with complaints. Mrs. Blando stated that the current Noise Ordinance needed to be enforced and no one should have to come to the Town Board for three years asking that it be done. There was a code on the books and it should be enforced. Mrs. Blando had researched decibel readings and stated that if the proposed amendments are adopted, children will not be able to practice the piano because it runs between 60 and 70 decibels, and a trombone runs between 85 and 114 decibels. For workers making home repairs, power tools run between 90 and 100 decibels depending on the type of tool, and a chain saw used for cutting down a tree is between 100 and 110 decibels depending on whether it is electric or gas. The air compressor at a gas station runs between 80 and 100 decibels and a 4000-watt generator used by a homeowner for power when their electric is out runs between 69 and 76 decibels. Mrs. Blando stated that the residents tolerated a number of noises like lawn mowers and vacuum cleaners and everyone needed to be a good neighbor, but she thought the proposed amendments would create problems. RESIDENT QUESTIONS AMERICORPS ISSUE Paula Minklei, Orchard Park Road, questioned what action was taken on the AmeriCorps/Youth Bureau/Recreation Department issue and stated that she was somewhat disappointed by the lack of discussion from the board members. She heard grandstanding for AmeriCorps and some statements were made, but there was no real back and forth discussion between the board members. Mrs. Minklei commented that AmeriCorps seemed like a wonderful program, but there were some questions that still remained in her mind. She questioned whether town government should be a pass through for a nationwide service and noted that a lot of the service (i.e. food distribution, etc.) took place in other parts of New York State and out of state. Mrs. Minklei further questioned how many actual town residents were serviced and whether the town budget would show a clear delineation between grant receipts for AmeriCorps and town expenditures for AmeriCorps. Councilman Graber stated that the Town Board voted in favor of the proposed agreement and would continue to advance money to AmeriCorps as they have done in the past. Mrs. Minklei questioned if this money would be advanced regardless of the possibility of being able to back off on some of the grant responsibilities. Councilman Graber stated that they had already looked into that and the town would not be getting out of any of the grants. Mrs. Minklei stated that she did not hear board members discuss the issue or come to a consensus on it. Councilman Graber responded to Mrs. Minklei’s question concerning how many town residents were serviced by the AmeriCorps and stated that the WNY Service Corps delivered 205,229 pounds of food in 2007 and 2008 to five pantries that serviced low income West Seneca individuals. Fourteen Holy Helpers served 120 individuals and the WNY Service Corps delivered 17,064 pounds of food to them in 2007 and 6182 pounds in 2008 for a total of over 23,000 pounds. The West Seneca Community Cupboard served 151 families and received 17,000 pounds of food in 2007 and 7200 in 2008. St. Simon’s at the South Buffalo/West Seneca line served 620 individuals and received 121,000 pounds of food in 2007 and nearly 35,000 pounds of food in 2008. These were low income West Seneca residents that were utilizing the services of WNY AmeriCorps. Councilman Graber stated that the WNY AmeriCorps also provided a lot of manpower at the Burchfield Nature & Art Center (BNAC).
ISSUES OF THE PUBLIC RESIDENT QUESTIONS AMERICORPS ISSUE (continued) Mrs. Minklei thought that the Buildings & Grounds Department maintained the BNAC. Councilman Graber stated that the Buildings & Grounds Department did not do the total job at the BNAC. The AmeriCorps had not been doing the job this year like they should be, but they would be very soon. The Buildings & Grounds Department were doing their best to maintain it, but they had not been able to make it look as well as it did when AmeriCorps did the work. Mrs. Minklei commented that it would be nice to see a clear delineation in the town budget. Councilman Graber stated that in 2011 the town will not be advancing any money at all to the AmeriCorps. Mrs. Minklei thought that AmeriCorps was a fine program, but she did not believe it was the job of town government to act as a pass through and she was happy that the town would not be doing so in the future. Councilman Graber noted that the first female Peace Corps member was Tim Russert’s wife, and the Peace Corps was a predecessor to AmeriCorps. He disagreed with Mrs. Minklei about the town acting as a pass through for AmeriCorps and commented on the need for charity. Mary Lou Dietrich, 156 Bellwood Avenue, Director of the West Seneca Food Pantry, stated that for 20 years she did the deliveries for the food pantry, but she was unable to do it any longer and she appreciated what AmeriCorps did. Mrs. Dietrich was saddened that people felt the way they did about this issue and thought that better communication might help. She noted that Mrs. Minklei was asking for an explanation because she could not hear what took place earlier at the meeting over the noise from the chairs in the Court Room. Mrs. Dietrich commented on how the AmeriCorps members had grown into young, responsible adults and she hoped that everyone could work together and be open so people understood the funding and other issues. She further suggested a Recreation Commission to help with the parks issue. The Recreation Commission could be volunteers that could do a study and get input from people in the neighborhood of each of the parks. Deb Fazara, 1416 Ridge Road, stated that she works for Baker Victory Services and they had great success with AmeriCorps. She also spent years in Jamestown where AmeriCorps provided a lot of opportunities for people with developmental disabilities to accomplish things on their own or non-profits that don’t have the manpower to do things that are very necessary. Ms. Fazara had a nephew who was once very depressed but became a recipient of AmeriCorps, received his GED, and was becoming very prosperous in his life. She was concerned about the tension and animosity and thought there was some kind of vindictiveness against AmeriCorps and Mr. Lazzara. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS BOARD MEMBERS TO RECEIVE COPIES OF WRITTEN COMMUNICATIONS Motion by Councilwoman Bove, seconded by Councilman Clarke, that all written communications sent to the Supervisor regarding town business be copied to all board members.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS UPDATES IN COURT ROOM Councilwoman Bove commented that she has been on the Town Board for four years and at every meeting there were comments that people could not hear what was being said. She thought it was time to correct this situation. Motion by Councilwoman Bove, seconded by Councilman Clarke, to receive bids for replacement of the microphones in the Court Room. On the question, Councilwoman Meegan suggested also replacing the chairs in the Court Room.
Motion by Councilwoman Meegan, seconded by Councilwoman Bove, to receive bids for refurbishing the chairs in the Court Room. On the question, Town Attorney Edwin Hunter stated that the Justice Court and Police Department had expressed a great deal of concern about not having proper security while court was in session, and there was a metal detector that was not in use. He suggested that this be incorporated with the updates to the Court Room. Chief Gehen stated that there were a number of issues that still needed to be discussed regarding employment of personnel for the metal detector, utilization of the metal detector, and where it should be located. Councilwoman Bove suggested organizing a committee to work on this. Deputy Town Attorney Paul Notaro suggested amending the motion to institute a committee to work with the Justice Court, Police Department and Town Board. Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to amend the motion and organize a committee to look into replacement of the seats and other updates in the Court Room and receive bids on these updates. On the question, Councilwoman Bove stated that she would like to take the lead on this issue. Supervisor Piotrowski stated that the Building Department should also be on the committee.
SUNSHINE PARK RECEIVES 2007 OUTSTANDING PARK AWARD Councilwoman Meegan, on behalf of the West Seneca Girls Softball Association, thanked the Buildings & Grounds Department and Highway Department for their great work and presented a plaque from the National Softball Association for the 2007 Outstanding Park award for Sunshine Park. Councilwoman Meegan further noted that Sunshine Park would soon be a participant in national tournaments.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS COUNCILWOMAN MEEGAN COMMENTS ON NEGATIVE RUMORS Councilwoman Meegan stated that she has been in office for six months, she is on the job every day, loves her job, and is working hard at it. She wanted to put an end to some rumors she had heard that the Ice Rink was closing and they were tearing it down, the parks were closing, and the Burchfield Nature Park was being renamed. Councilwoman Meegan stated that whoever was spreading these rumors, they were not being truthful. She hoped that the rumors would stop and that they could all start working together as a team for the good of the people and the betterment of government. Councilwoman Meegan further noted that her son was coming home July 4th after serving four years in the U.S. Air Force. ADJOURNMENT Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to adjourn the meeting at 9:40 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |