West Seneca Town Board Meeting Minutes 08/10/2009


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2009-13
West Seneca, NY 14224 August 10, 2009

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.

ROLL CALL:   Present -

Wallace C. Piotrowski   SupervisorCouncilman
Christina Wleklinski Bove   Councilwoman
Sheila M. Meegan   Councilwoman
Dale F. Clarke   Councilman

Absent -    Vincent J. Graber Jr., Councilman

Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

13-A    MINUTES TO BE APPROVED

  • Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2009-12 of July 27, 2009.

    Ayes: All Noes: None Motion Carried

    13-B   HELD OVER PUBLIC HEARING

    1. Re: “A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 117 FRENCH ROAD, BEING PART OF LOT NOS. 13, 32 & 33, CHANGING ITS CLASSIFICATION FROM C-2 AND R-100A TO R-50(S), FOR A 47-UNIT SENIOR HOUSING FACILITY” in the Town of West Seneca.                (People, Inc.)

    13-C   TABLED ITEMS

    1.   Credit card policy

    Remained on the table.

    2.   Grant administration agreement

    Remained on the table.


    13-D   COMMUNICATIONS

    1.   Town Attorney re Appointment of Jeffery Harrington as Deputy Town Attorney/Town Prosecutor

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Jeffery Harrington as Deputy Town Attorney/Town Prosecutor at an annual salary of $30,000 effective August 11, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    2.   Town Attorney re Bid award for collection of recyclable materials

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the contract for collection of the town’s curbside recyclable materials to the low bidder, Allied Waste Services of Buffalo for a 5-year term commencing September 1, 2009 through August 31, 2014 at an annual cost of $27.48 per curbside unit.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2009-13
    West Seneca, NY 14224 August 10, 2009
    Page two . . .

    13-D   COMMUNICATIONS

    3.   Town Attorney re Upstate New York Officials Association agreement

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to enter into an agreement with the Upstate New York Officials Association for reimbursement of referee fees for the 2009 football season in the amount of $4000.

    Ayes: All Noes: None Motion Carried

    4.   Town Engineer re Salary increase for James Stiglmeier, Lift Station Maintenance Crew

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a salary increase to James Stiglmeier, Lift Station Maintenance Crew, and set his salary at Group 8, Step 2, $48,019.02 annually effective August 11, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    5.   Town Engineer re Transfer of Michael Demma to Lift Station Maintenance Crew

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to transfer Michael Demma, 310 East & West Road, to the Lift Station Maintenance Crew in the Sewer Service Department at his current salary, Group 5, Step 5, $48,905.90 effective August 17, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    6.   Highway Supt. re Purchase of tailgate spreadersp> Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of five (5) tailgate spreaders from Transport Services & Brake at their low quote of $1494 each for a total of $7470 with delivery.

    Ayes: All Noes: None Motion Carried

    7.   Highway Supt. re Purchase requiring Town Board approval

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1793.21 to Fleet Maintenance for truck repairs.

    Ayes: All Noes: None Motion Carried

    8.   Town Clerk re Public Library Construction grant application

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution authorizing Grant Consultant Connie Miner to submit a grant application for public library construction for the West Seneca Public Library.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    9.   Town Clerk re Purchase requiring Town Board approval

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $7352.36 to the Erie County Board of Elections for expenses involved in the June 3, 2009 special election.

    Ayes: All Noes: None Motion Carried


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    1250 Union Road Minutes #2009-13
    West Seneca, NY 14224 August 10, 2009
    Page three . . .

    13-D   COMMUNICATIONS

    10.   Recreation Director re Budgetary transfer request

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $1065 from Sports – Recreation Equipment Acct. #1.7140.0230 to Sports – Recreation Equipment Acct. #1.7180.0230.

    Ayes: All Noes: None Motion Carried

    11.   Director of Senior Services re Status change for June Edie to part-time seasonal

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Food Service Worker June Edie to part-time seasonal effective August 3 – September 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    12.   Chief Gehen re Status change for J. McCullough & J. Kavanaugh to part-time seasonal

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers James McCullough & James Kavanaugh to part-time seasonal effective August 1 – 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    13.   Chief Gehen re Attendance of Lt. Cotter & Desk Lt. Fallon at training courses

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Lt. Richard Cotter and Desk Lt. Joel Fallon to attend the Basic Police Juvenile Officer Course and the Basic School Resource Officer Course, respectively, August 30 – September 4, 2009 at the Fort William Henry Resort and Training Conference Center in Lake George, New York, at a cost not to exceed $1903.

    Ayes: All Noes: None Motion Carried

    14.   Councilwoman Bove re Budgetary transfer request

    Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $14,400 from Contingency Account #01.1990.0480 to Charles Burchfield Center – Other Expenses Account #01.7420.0419.

    Ayes: All Noes: None Motion Carried

    ISSUES OF THE PUBLIC

    OPPOSITION TO PEOPLE INC. PROJECT ON CLINTON STREET

    William Tokasz, 1976 Woodard Road, Elma, opposed rezoning property on French Road based on the water problems in that area. He presented pictures taken this date of his mother’s property at 2783 Clinton Street and stated that this morning there was water pouring into her garage and basement. The property abutting her property was also flooded and it was seeping under Clinton Street and onto surrounding properties. With no storm sewers on Clinton Street, the water goes into the sanitary sewers, which then back up in the basements of the residents. Mr. Tokasz noted that many years ago former councilman Bob Jarnot spoke about the property on Clinton Street being kept as green space as a flood plain because at the time Dan Majeski wanted to blacktop the entire parcel.


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    1250 Union Road Minutes #2009-13
    West Seneca, NY 14224 August 10, 2009
    Page four . . .

    OPPOSITION TO PEOPLE INC. PROJECT ON CLINTON STREET    (continued)

    Karen Keuther, 2663 Clinton Street, questioned if storm sewers were required if it would be the expense of People, Inc. or the taxpayers of West Seneca. She further questioned if there would be environmental testing of the land since it was a nursery where a lot of pesticides, insecticides, etc. were used.

    Supervisor Piotrowski responded that if there are sewers installed along Clinton Street, a state highway, it will be a state expense, but if sewers are installed along French Road, a town road, it is a town expense.

    Ms. Keuther questioned if the land being purchased by People Inc. included the garden center, and if not, will the garden center still be able to operate as a business.

    Supervisor Piotrowski responded that People Inc. was only purchasing the portion along Clinton Street and the garden center would still be able to operate.

    Councilman Clarke stated that People Inc. would be responsible for the cost of any excavation on that site for sewers.

    SEWER PROBLEM ON TAMPA DRIVE

    William Tokasz, 1976 Woodard Road, Elma, referred to his mother-in-law’s property at 260 Tampa Drive and stated that a 30 – 40 year old maple tree located between the curb and the sidewalk shifted the sewer pipe. Plumbers were there on two occasions, but they could not get the snake into it anymore, and they suggested contacting the town to have the tree cut down.

    Town Engineer George Montz stated that he would look into this problem.

    NEIGHBORHOOD PROBLEMS ON BURCH AVENUE

    Linda Toy, 97 Burch Avenue, commented on the following problems in her neighborhood: 1) dust created by construction vehicles; 2) vacant and abandoned homes; 3) absentee landlords and problems with their tenants. Mrs. Toy stated that she has lived in this neighborhood for 21 years and has never seen this many problems.

    Supervisor Piotrowski stated that the Code Enforcement Office will check on the vacant and abandoned homes.

    Councilman Clarke suggested that Code Enforcement Officer William Czuprynski inform the contractor that they have to water down the construction dust daily.

    Pat Hall, 104 Burch Avenue, stated that there are rats running around the property at 98 Burch Avenue and numerous problems with the tenant. The police respond and speak with the tenant, but nothing changes.

    Deborah Lucas, 108 Burch Avenue, also commented on the situation at 98 Burch Avenue and stated that she does not feel safe in the neighborhood. She has complained to the landlord, but he has done nothing to evict the tenant.

    Chief Gehen stated that he will look into this situation. He further encouraged the neighbors to call the police every time there is a disturbance.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2009-13
    West Seneca, NY 14224 August 10, 2009
    Page five . . .

    ISSUES OF THE PUBLIC

    MAINTENANCE OF BURCHFIELD NATURE & ART CENTER

    Paula Minklei, Orchard Park Road, stated that she and an out-of-town friend recently attended the Burchfield Nature and Art Center (BNAC) Art Show of botanicals and landscapes by Margaret Hart. While at the BNAC, Mrs. Minklei looked into the classroom area and found it littered with boxes that apparently belonged to WNY AmeriCorps. She stated that Margaret Hart is an exceedingly talented local artist and her work was especially suited to the BNAC, but it was difficult to not see the messiness of the classroom while viewing the exhibit. It was also difficult to miss the numerous AmeriCorps vehicles parked in an obvious scattered fashion around the parking lot. Mrs. Minklei thought the vehicles tended to overcrowd and give a haphazard appearance to the park and BNAC entrance. She thought the BNAC was one of the finest town resources and should be proudly maintained. Mrs. Minklei was happy with the board’s earlier motion designating funds for the Burchfield director’s salary and other needs at the BNAC. She hoped that when AmeriCorps finds a new location the BNAC will be able to provide many more services to the town and qualify through grants, donations, and government programs for the funding it deserves.

    TAX RECEIVER PROPOSITION

    Amy Carpenter, 406 Woodward Crescent, referred to the adopted motion at the July 13th Town Board meeting concerning the Tax Receiver position and questioned if this information was transferred to the Erie County Board of Elections so that the individuals that submitted their names to run for the position are aware.

    Supervisor Piotrowski advised that this was a separate proposition on the November ballot and if it passes the elected individual will serve a one-year term.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    EXECUTIVE SESSION

    Code Enforcement Officer William Czuprynski requested to meet in Executive Session with the Town Board members on a personnel matter.

    Motion by Supervisor Piotrowski, seconded by Councilwoman Bove, to adjourn to Executive Session at 7:55 P.M. to discuss personnel issues.

    Ayes: All Noes: None Motion Carried

    The Town Board returned from Executive Session at 8:15 P.M.

    ADJOURNMENT

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:15 P.M.

    Ayes: All Noes: None Motion Carried



    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK