West Seneca Town Board Meeting Minutes 09/21/2009


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2009-15
West Seneca, NY 14224 September 21, 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   Supervisor
Vincent J. Graber Jr.   Councilman
Christina Wleklinski Bove.   Councilwoman
Sheila M. Meegan   Councilwoman
Dale F. Clarke   Councilman

Absent -   None

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

15-A   MINUTES TO BE APPROVED

  • Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve Minutes #2009-14 of August 24, 2009.

    Ayes: All Noes: None Motion Carried

    15-B   HELD OVER PUBLIC HEARINGS

    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.)

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to remove this item from the table.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to approve 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, based on the project conforming to the Master Plan as delineated in the letter dated August 6, 2009 from Planning Consultant Wendel Duchscherer.

    Ayes:  (2)    Councilman Graber, Supervisor Piotrowski
    Noes:  (3)    Councilwoman Bove, Councilwoman Meegan, Councilman Clarke
    Motion Denied

    2.   Re: “A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW NO. 4 OF THE YEAR 2009 AMENDING CHAPTER 13 OF THE WEST SENECA TOWN CODE ENTITLED ‘CODE OF ETHICS’” in the Town of West Seneca.

    This item was held over until the October 5, 2009 Town Board meeting.


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    15-C   COMMUNICATIONS

    1.   Supervisor Piotrowski re Title change for Erik Finbar

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Erik T. Finbar as Real Property Appraisal Technician, from provisional to permanent status, effective September 21, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    2.   Supervisor Piotrowski re Contract renewal for Connie D. Miner & Co. grant consultants

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to sign a contract renewal for Connie D. Miner & Co. Grant Consultants to retain their professional services for a period of one (1) year commencing October 1, 2009 and ending September 30, 2010.

    On the question, Councilwoman Bove noted that Connie Miner had submitted grants for the town totaling over $2 million. At this point the town received $200,000 for road reconstruction and was very close to receiving $181,100 for the energy efficiency block grant.

    Ayes: All Noes: None Motion Carried

    3.   Supervisor Piotrowski re Halloween parade

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of Southgate Plaza to hold their annual Halloween Parade on Sunday, October 18, 2009 with assembly behind the West Seneca Town Hall at 11:30 A.M. and the parade starting at 12:00 noon.

    Ayes: All Noes: None Motion Carried

    4.   Town Attorney re Amendment to grant agreement with WNY AmeriCorps

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to table this item until the end of the meeting.

    Ayes: All Noes: None Motion Carried

    5.   Town Attorney re Hockey referee agreement

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the 2009-2010 hockey referee agreement.

    Ayes: All Noes: None Motion Carried

    6.   Town Attorney re Appointment of Andrew Kowalewski as part-time Law Clerk

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Andrew Kowalewski as part-time Law Clerk in the Town Attorney’s Office at a rate of $12.00 per hour effective September 14, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    15-C   COMMUNICATIONS

    7.   Town Engineer re Professional surveying services proposal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the proposal from Nussbaumer & Clarke Inc. in the amount of $2400 for providing professional surveying services to establish and map the right-of-way (ROW) of Collins Avenue from Indian Church Road to Arcade Street for the Collins Avenue Reconstruction Project.

    Ayes: All Noes: None Motion Carried

    8.   Town Engineer re Sanitary Sewer Repair Contract, final change order & acceptance

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve final change order #1 for Osinski Plumbing Inc., 246 Fillmore Avenue, Buffalo, NY 14206, for a net addition of $32,750 and accept the Sanitary Sewer Repair Contract, Job No. S-0803, at a final contract amount of $112,750.

    Ayes: All Noes: None Motion Carried

    9.   Town Engineer re Rolling Ridge Subdivision – Phase 3, final acceptance

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the Rolling Ridge Subdivision, Phase 3 (31 sublots), completed by Cimato Brothers Construction, Inc., 9220 Transit Road, East Amherst, NY 14051 under Public Improvement Permit No. 09-01.

    Ayes: All Noes: None Motion Carried

    10.   Town Engineer re NYSEG proposal for Rolling Ridge Subdivision – Phase 3

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the NYSEG street lighting proposal for an annual increase of $218.88 for adding nine 70-watt high pressure sodium lights in the Rolling Ridge – Phase 3 Subdivision, Electric Lighting District No. 61.

    Ayes: All Noes: None Motion Carried

    11.   Town Engineer re Union Road Streetscape Improvements Project

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the attached resolution concerning the Union Road Streetscape Improvements Project, PIN 5757.80.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    12.   Town Engineer re Purchase requiring Town Board approval

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $4541.16 to DLT Solutions, Inc. for AutoCAD subscription and Autodesk Gold Support renewal.

    Ayes: All Noes: None Motion Carried


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    15-C   COMMUNICATIONS

    13.   Highway Supt. re Status change for seasonal laborers to part-time

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time seasonal laborers in the Sanitation Department to part-time effective September 14, 2009:

    Brian Adams George Case
    John DePlato James Fleming
    Baird Hageman         Mark Januszkiewicz
    Jeremy Klubeck Jonathan Kent
    Jason Kurtz Jeffrey Roll
    Mike Shearer Joseph Waszkielewicz

    and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    14.   Highway Supt. re Disposal of equipment

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Highway Supt. Matthew English to dispose of the following pieces of equipment that are no longer in service:

    1993   Volvo      –            VIN #4V2DCFME8RN671477
    1991   Volvo      –            VIN #4V2DCFME6MN638485
    1996   Ford F-150      –      VIN #1FTEF15Y7TLB75695

    Ayes: All Noes: None Motion Carried

    15.   Highway Supt. Re Purchases requiring Town Board approval

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Highway Department:

    D & W Diesel Inc. (truck repairs)            $4741.41
    Lakeshore Employee Testing Services (service contract for drug & alcohol program)         $3170.00
    Kenworth of Buffalo (truck repairs)             $3653.38

    Ayes: All Noes: None Motion Carried

    16.   Chief Gehen re Bid date for purchase of police vehicles

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to set a bid date of October 5, 2009 at 10:00 A.M. for receipt of bids on furnishing four (4) police vehicles (one Ford Crown Victoria and three Ford Fusions).

    Ayes: All Noes: None Motion Carried

    17.   Chief Gehen re Purchase of equipment

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of three (3) Panasonic Toughbook Model 30 mobile data terminals (MDT’s) with Ledco Generation 2 Docking Stations and Pentax PocketJet 3 Tracs printers from Synergy Global Solutions, Inc., 1100 Pittsford-Victor Road, Pittsford, NY 14534 at the NYS contract price of $5316 each for a total cost of $15,948.

    Ayes: All Noes: None Motion Carried


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    15-C   COMMUNICATIONS

    18.   Chief Gehen re Purchases requiring Town Board approval

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Police Department:

    VSP Graphics (car decals)               $6055.90
    United Uniform Company (body armor)                $6177.60
    Goodyear Auto Service (tires)                $1455.60

    Ayes: All Noes: None Motion Carried

    19.   Chief Gehen re Termination of leave of absence for Clerk Typist Michele Leone

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the leave of absence granted for Clerk Typist Michele Leone effective September 29, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    20.   Chief Gehen re Step 2 rate increase for part-time Public Safety Dispatchers D. Koehler & J. Locher

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a Step 2 rate increase to $11.45 per hour to the following part-time Public Safety Dispatchers that have reached the required 1400-hour level:

    Dave Koehler – effective October 9, 2008 – 1691 hours
    Jeff Locher – effective February 14, 2008 – 2374 hours

    and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    21.   Town Clerk re Clarification on rezoning for Katie’s Place, 2880 Transit Road

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to clarify the rezoning for Katie’s Place located at 2880 Transit Road and note that a fence is not required on the east property line along the residential area.

    On the question, Councilman Clarke stated that in the past residents have complained about fences that should have been put up but were not. Although the trees may act as screening now, they may not be there at some point in the future and that could create a problem.

    Councilwoman Meegan agreed but noted that the Town Code required either trees or a fence.

    Code Enforcement Officer William Czuprynski did not believe the Town Board could say that a fence was not required since only the Zoning Board of Appeals could grant a variance.

    Supervisor Piotrowski stated that the Planning Board accepted the site plan with 160’ of depth from the back of the building to the rear property and that was covered with vegetation that must be preserved in order to preserve the wetlands. Mr. Young is required to supplement that vegetation with additional tree planting. Supervisor Piotrowski stated that the Planning Board had addressed this issue and no residents spoke against it.

    Mr. Czuprynski thought the Town Board should table this item for further review and noted that the Planning Board had no authority over this issue. The Town Code specifically called for a fence screening in a manner designated by the Town Board.


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    15-C   COMMUNICATIONS

    21.    (continued)

    Supervisor Piotrowski responded that the Town Board decided at the time the rezoning was granted that a fence was not required. If a fence was required it should have been raised at that time.

    Councilman Graber agreed that screening was to be provided by the vegetation.

    Councilman Clarke thought it should be noted that if the trees or vegetation used for screening die in the future, they will be replaced.

    Ayes: All Noes: None Motion Carried

    22.   Town Clerk re YMCA rezoning & special permit request

    Motion by Supervisor Piotrowski, seconded by Councilman Graber, to receive and file this item.

    Ayes: All Noes: None Motion Carried

    23.   Town Clerk re Carl & Annette Bueme rezoning & special permit request

    Annette Bueme stated that she and her husband purchased the Jehovah Witness building located at 10 S. Fisher Road and wanted to convert it into a small banquet hall. There would be no exterior changes to the building and the required parking would be met. Hall renters would have to bring in their own prepared food since there is no kitchen in the building. Mrs. Bueme stated that they would simply provide the building, table and chairs. They will not have a liquor license because they did not want to be responsible, so renters would have to apply for a special event license in order to serve alcohol. The property is surrounded by apartments and the NYS Thruway is in the back yard.

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to refer the rezoning and special permit request for 10 S. Fisher Road to the Planning Board for their review and recommendation.

    Ayes: All Noes: None Motion Carried

    24.   Comptroller re Status change for part-time clerk Jodie Wysocki to seasonal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time clerk Jodie Wysocki to part-time seasonal effective September 28, 2009 through February 28, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    25.   Comptroller re Rate increase for part-time clerk Jodie Wysocki

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a step rate increase of $.50 per hour to part-time clerk Jodie Wysocki as she has bypassed the required 1400 hours and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    15-C   COMMUNICATIONS

    26.   Code Enforcement Officer re Expansion of Upstate Farms Corp.

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to approve an expansion of Upstate Farms Corporation, 3300 North America Drive, as reviewed and recommended by the Industrial Park Review Committee with the following requirements: 1) 2 sets of stamped plans for building permit; 2) 3 sets of stamped drainage plans and calculation of proposed paving area.

    Ayes: All Noes: None Motion Carried

    27.   Code Enforcement Officer re Topsoil removal permit for Princeton Estates

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a topsoil removal permit to Seasonal Landscaping & Nursery to remove 1144 cubic yards of topsoil from Princeton Estates.

    Ayes: All Noes: None Motion Carried

    28.   Code Enforcement Officer re Purchase requiring Town Board approval

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Code Enforcement Office to spend $5000 on microfilming records.

    Ayes: All Noes: None Motion Carried

    29.   Receiver of Taxes re Status change for part-time clerks to seasonal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time clerks Marcia Turner, Patricia Farr, and Laurine Fischione to part-time seasonal effective September 7 – November 15, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    30.   Recreation Director re Termination of Matthew Melski

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Matthew Melski effective September 4, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    31.   Recreation Director re Appointment of recreation attendants for Youth Theater program

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint as permanent part-time the following employees to work in the Youth Theater Program effective September 19, 2009:

    Recreation Attendant @ $7.50 per hour
    Kathleen Kogut

    Recreation Attendant @ $7.25 per hour
    Candace Kogut

    and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried


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    15-C   COMMUNICATIONS

    32.   Recreation Director re Termination & appointment of part-time employees

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the following employees effective August 25, 2009:

    Clerk Typist
    Erin Clark

    Recreation Bus Driver
    Jennie Hanner
    Victoria Kopf

    Recreation Attendant
    Sarah Flattery

    and further, appoint the following as permanent part-time effective August 25, 2009:

    Clerk Typist @ $8.00 per hour
    Sarah Flattery

    Recreation Attendant @ $7.50 per hour
    Erin Clark
    Jennie Hanner
    Victoria Kopf

    and further, appoint the following as part-time effective October 1, 2009 through May 30, 2010:

    Recreation Attendant @ $7.50 per hour
    Andrew Schwert
    Carol Wolf
    Greg Wolf
    Richard Wolf

    Recreation Attendant @ $7.25 per hour
    Kristen Harrigan
    Kate Kotecki
    Angela Lewis
    Jillian Piniewski

    Lifeguard @ $7.50 per hour
    Matthew Skrzypczyk
    Brittany Wolf

    and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    33.   Recreation Director re Appointment of employees for fall/winter programs & ice rink

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the employees on the attached list from part-time seasonal to permanent part-time to work in the fall/winter recreation programs and at the town ice rink effective October 1, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*


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    15-C   COMMUNICATIONS

    34.   Recreation Supervisor re Status change for part-time van driver Jim Pjontek to seasonal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time van driver Jim Pjontek to part-time seasonal effective October 1, 2009 through February 26, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    35.   Recreation Supervisor re Status change for part-time food service helper Marirose Bless to seasonal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time food service helper Marirose Bless to part-time seasonal effective October 1, 2009 through November 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    15-D   REPORTS

  • Patricia C. DePasquale, Town Clerk’s report for August 2009 received and filed.

  • William P. Czuprynski, Code Enforcement Officer’s report for August 2009 & Plumbing Inspector’s report for July & August 2009 received and filed.

  • Ruth E. Breidenstein, Receiver of Taxes’ report for August 2009 received and filed.

    ISSUES OF THE PUBLIC

    RESTROOMS AT FIREMAN’S PARK

    Cindy Solly, 274 Pinewood Drive, questioned why there were no doors on the rest room stalls at Fireman’s Park and what could be done to have them installed.

    Highway Supt. Matthew English stated that he will look into having doors put on the stalls.

    CODE OF ETHICS

    Karen Lucachick, 61 Greenmeadow Drive, referred to the proposed Ethics Code and the compliance required. The code states that every new employee shall be given a copy of the Ethics Code and sign for having received the copy. Mrs. Lucachick questioned if these receipts were on file in the Town Clerk’s office.

    Supervisor Piotrowski did not believe that any receipts were on file in the Town Clerk’s office.

    Mrs. Lucachick suggested that as a start the board members and anyone serving the town comply with the compliance in the Code of Ethics. She also hoped that all town employees’, especially board members’, taxes are paid.

    Paula Minklei, Orchard Park Road, questioned when the Ethics Code would be discussed and acted on.

    Town Attorney Shawn Martin advised that it was tentatively scheduled for September 28th, but there was no meeting that day so it will be discussed at a work session before the October 5th Town Board meeting.

    Mrs. Minklei questioned if the Town Board had decided to start with the Zoning Ordinance and then work on the Ethics Code.


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    ISSUES OF THE PUBLIC

    CODE OF ETHICS    (continued)

    Supervisor Piotrowski stated that they will be discussing the Ethics Code at the October 5th work session and will then make a determination if it will be a separate item or more encompassing with other changes.

    Mrs. Minklei questioned if there was anything in writing on the Ethics Code that the public could review.

    Mr. Martin stated that the initial proposal he submitted was available in the Town Clerk’s office. There were suggestions made that will be incorporated and he will have that available by the end of the week.

    AMERICORPS ISSUES

    Karen Lucachick, 61 Greenmeadow Drive, referred to a recent news article where Youth Director Mark Lazzara stated that a long time AmeriCorps staff person resigned his position to stay with the town and AmeriCorps paid 100 percent of his salary since 1994. She questioned how this person could go back to be a laborer in the town.

    Town Attorney Shawn Martin stated that he would have to look at the specific individual and ascertain the circumstances under which he held his position with the town.

    Mrs. Lucachick further questioned the status of the AmeriCorps payments to the town.

    Comptroller Robert Bielecki responded that there had been no additional payments since his last report and they were still in arrears.

    James Kittner, 7 Victoria Heights, stated that he was a member of AmeriCorps about 20 years ago when it was first called the West Seneca Service Action Corps. To get the grant money from the NYS Division of Youth, the Town of West Seneca had to put in a percentage of matching funds, and his salary from the town went toward the matching fund portion. One of the original members was the employee that recently resigned from AmeriCorps and went back to his laborer position with the town. As he worked with the program and after it became AmeriCorps, there was only a certain amount of time that he could serve as a Corps member and he then developed into a leadership role and became a team leader. Mr. Kittner commented that this person was an outstanding individual and built about 95 percent of the picnic shelters in town. He showed exemplary skills throughout the time he worked there and his salary as white collar laborer for the town was used as matching funds for the grant.

    BUDGET ISSUES

    Mary Flynn, Circle End Drive, referred to articles involving the recent election for Highway Supt. that stated when a budget is submitted it will raise taxes. She questioned where the Highway Supt. and other department heads submit their budgets and if they were public record.

    Supervisor Piotrowski responded that budgets are submitted to the Town Board and they were public.

    Councilman Graber stated that the budgets were actually submitted to the budget director, Supervisor Piotrowski, who then compiles his budget for the town and submits that to the board members.

    Supervisor Piotrowski stated that all the board members receive a copy of the proposed budgets from each of the department heads.


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    ISSUES OF THE PUBLIC

    BUDGET ISSUES    (continued)

    Councilman Graber stated that he never received a copy of any departmental budgets. Councilman Clarke agreed.

    Mrs. Flynn was concerned about the statements made in the articles about taxes going up and questioned where the individual had gotten his information.

    Councilman Graber stated that department heads always ask for more in their budgets and if Supervisor Piotrowski, and the board members gave them everything they wanted in their budgets, town taxes would be higher.

    GRANT FOR SOLAR PANELS

    Mary Flynn, Circle End Drive, referred to the solar panels that were going to be installed on the Town Hall, Highway Department, and Senior Citizens Center and understood that the town was paying $200,000 towards them and that would secure a grant in the amount of $700,000. She questioned if anyone had signed for the grant so the town does not miss the deadline.

    Councilwoman Bove responded that the grant was signed for by three board members.

    Councilwoman Meegan noted that the entire board was supportive of pursuing the grant but they were not all required to sign for it.

    UNION ROAD STREETSCAPE PROJECT

    Linda Toy, 97 Burch Avenue, referred to Item #11 on the agenda concerning the Union Road Streetscape Improvements Project and questioned what that involved.

    Town Engineer George Montz advised that this was a beautification project for Union Road. There were federal funds appropriated in 2005 and they were looking at doing something similar to the Village of Orchard Park – trees, tree grates, brick pavers between the sidewalk and curb, decorative crosswalks, etc.

    Mrs. Toy questioned if benches were considered.

    Mr. Montz responded that one requirement for benches was that they had to stay within the right-of-way.

    Paula Minklei, Orchard Park Road, asked to see a plan for the streetscape project and suggested that there be more input and planning before they act on anything.

    Councilwoman Meegan agreed and stated that this was a great opportunity to bring the residents together as a committee for their input and she would also like to be a part of that.

    HIRING OF LAW CLERK QUESTIONED

    Amy Carpenter, 406 Woodward Crescent, referred to Item #6 on the agenda concerning the hiring of a law clerk. She noted that a law clerk was normally hired for the summer and questioned if it was common practice to have one throughout the year and also if this was a new position.

    Town Attorney Shawn Martin stated that he has only been employed by the town since May 2009 but he understood there have been law clerks in the Town Attorney’s office in the past. The law clerk hired at this meeting was serving in lieu of a clerk typist.


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    ISSUES OF THE PUBLIC

    TOPSOIL REMOVAL IN PRINCETON ESTATES QUESTIONED

    Amy Carpenter, 406 Woodward Crescent, referred to Item #27 on the agenda and questioned if the topsoil would normally be removed by Marrano, the builder, or if Seasonal Landscaping was paying for the topsoil they were removing.

    Code Enforcement Officer William Czuprynski stated that with a new subdivision the builder determines if there is an excess of topsoil, and if so, they sell it to someone who then removes it. There is sufficient topsoil maintained on the property to finish the subdivision. The topsoil removed comes from the roads, the location of the houses, driveways, and sidewalks and they pay the town $.50 per cubic yard for what is removed.

    COMMENTS ON JOINT ASSESSOR PROGRAM

    Dan Warren, 836 Indian Church Road, referred to comments he made at the previous Town Board meeting concerning a joint assessor program and he recently read that Supervisor Piotrowski met with the Town of Lancaster about this type of program. Mr. Warren thought that more communities should get involved in this and noted that the county program called for some type of community education program to get citizens on board with the idea of tax equity. The last reassessment was done in 1986 and the plan discussed in the West Seneca Bee would require the town to be at 100 percent by 2011. The county plan combined West Seneca with Lackawanna since they are in a similar valuation classification and it called for 100 percent valuation by 2014. Mr. Warren thought the town should be on a regular reassessment program and it would be equitable for all taxpayers.

    Councilman Graber stated that people have been complaining for a long time about not being at 100 percent valuation because the STAR and veteran’s exemptions are affected by this.

    COMMENTS ON FUNDING SENIOR CITIZEN DEVELOPMENTS

    Brian Doster, 3361 Clinton Street, stated that he had been looking into the way the federal government was giving money for the development of senior facilities and he understood that the government could supplement the seniors living in town and provide rent support. This would keep the seniors in their own homes and more spread out in the community.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    EXECUTIVE SESSION

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to recess to Executive Session at 8:30 P.M. to discuss personnel matters and a litigation issue.

    Ayes: All Noes: None Motion Carried

    The board members returned from Executive Session at 10:00 P.M.

    AMENDMENT TO GRANT ADMINISTRATION AGREEMENT WITH WNY AMERICORPS

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to authorize the Supervisor to execute an amendment to the agreement between the town and WNY AmeriCorps Fund, noting that the agreement provides for an acceleration of the transition of the town’s AmeriCorps grant program to the not-for-profit agency, provides that the program vacate the Burchfield Nature & Art Center on or before December 31, 2009, resolves all accounting issues between the town and WNY AmeriCorps with WNY AmeriCorps, and the agreement is subject to final approval by the Town Attorney and the town auditor.

    Ayes: All Noes: None Motion Carried


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2009-15
    West Seneca, NY 14224 September 21, 2009
    Page thirteen . . .

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    SOLAR ENERGY PROJECT

    Councilwoman Bove referred to the solar energy project and questioned if the town would have to give Solar Liberty one-half of the town’s share when all the materials were on site.

    Town Attorney Shawn Martin responded that this was his understanding based on reading prior minutes and contracts from the Solar Liberty project.

    Councilwoman Bove stated that they will then have to have a check from the Comptroller’s office in a reasonable amount of time or they will not get started on the project.

    Comptroller Robert Bielecki questioned the dollar amount that will be required.

    Councilwoman Bove responded that she did not have an exact amount but it was somewhere around $130,000.

    OPPOSITION TO NYSEG RATE INCREASE

    Councilwoman Bove referred to a recent Buffalo News article concerning NYSEG’s rate increase request and noted that Congressman Higgins objected to the increase. She suggested the West Seneca Town Board support Congressman Higgins’ opposition to NYSEG’s request.

    Motion by Councilwoman Bove, seconded by Supervisor Piotrowski, to support Congressman Brian Higgins’ opposition to NYSEG’s request for a rate increase.

    Ayes:  (4)    Councilwoman Bove, Councilwoman Meegan, Councilman Clarke, Supervisor Piotrowski
    Noes:  (1)    Councilman Graber
    Motion Carried

    CREDIT CARD POLICY

    Councilwoman Meegan noted that she and Town Attorney Shawn Martin had put together the credit card policy for the town and it will be discussed at the work session on October 5th.

    ADJOURNMENT

    Motion by Supervisor Piotrowski, seconded by Councilwoman Bove, to adjourn the meeting at 10:05 P.M.

    Ayes: All Noes: None Motion Carried



    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK