West Seneca Town Board Meeting Minutes 11/16/2009


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2009-19
West Seneca, NY 14224 December 16, 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.

The meeting was dedicated to the memory of Carl Lambein.

19-A   MINUTES TO BE APPROVED

  •   Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve Minutes #2009-18 of November 2, 2009.

    On the question, Councilwoman Bove noted that the resolution concerning the solar energy project contained an incorrect figure. The $937,131 figure in the second paragraph should be $674,760.

    Ayes: All Noes: None Motion Carried

  •   Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve minutes from the November 5, 2009 public hearing on the 2010 Special Districts and Preliminary Budget.

    Ayes: All Noes: None Motion Carried

  •   Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve minutes from the November 2, 2009 bid opening for a wood waste reduction grinder.

    Ayes: All Noes: None Motion Carried

    19-B   HELD OVER PUBLIC HEARINGS

    1.   Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW NO. 5 OF THE YEAR 2009 AMENDING CHAPTER 115 OF THE WEST SENECA TOWN CODE, VEHICLE AND TRAFFIC LAW, TO BAN TEXTING WHILE OPERATING A MOTOR VEHICLE” in the Town of West Seneca, be received and filed.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.

    Ayes: All Noes: None Motion Carried


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    19-B   HELD OVER PUBLIC HEARINGS

    1.    (continued)

    Town Attorney Shawn Martin stated that there had been two public work sessions on this matter and it was suggested that the fine be raised to $300. Unfortunately, pursuant to Section 115-37 of the Town Code all infractions are defined by the NYS Vehicle and Traffic Law and Section 1800 of that law outlines the penalties for traffic infractions. The first violation is a maximum fine of up to $150 and a period of incarceration of not more than 15 days. In order to comply with this section, he incorporated the fine and period of incarceration into the Town Code. Mr. Martin discussed this matter with Chief Gehen who informed him that the officers will enforce this provision if enacted. He also spoke with Town Prosecutor Jeffrey Harrington and set forth a program so these infractions will not be pled down to lesser offenses. Mr. Martin stated that he will be speaking to the Town Justices to encourage them to impose the maximum fine.

    Paula Minklei, Orchard Park Road, questioned if the proposed local law will be any different than the county law, and if not, why they would not just use the county law.

    Mr. Martin advised that it is not different from the county law in that it is an infraction and provides for primary enforcement. This was discussed at a work session and it was the will for West Seneca to have its own anti-texting law.

    Tom Wright, Organ Crescent, did not understand why there would be any debate about this proposal. He thought NYS should take this one step further and make texting while driving a moving violation.

    Councilman Graber agreed and stated that no one knows why NYS made texting a secondary violation when it was in many ways more dangerous than talking on the phone. He thought it was also the responsibility of the parents to inform their children that texting while operating a motor vehicle was against the law.

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, unanimous second, to adopt Local Law No. 5 of the year 2009 amending Chapter 115 of the West Seneca Town Code, Vehicle and Traffic Law, to ban texting while operating a motor vehicle in the Town of West Seneca.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    19-C   LEGAL NOTICES

    1.   Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 4560 CLINTON STREET, BEING PART OF LOT NO. 333, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR A LIGHT AUTOMOTIVE/STORAGE FACILITY” in the Town of West Seneca, be received and filed.                (Craig W. Tschetter)

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.

    Ayes: All Noes: None Motion Carried


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    19-C   LEGAL NOTICES

    1.    (continued)

    Supervisor Piotrowski read the recommendation of the Planning Board: “At its October 8, 2009 meeting, the Planning Board recommended approval of the request for a special permit for property located at 4560 Clinton Street, being part of Lot No. 333, changing its classification from M-1 to M-1(S), for a light automotive/storage facility, noting that the special permit shall apply to the entire parcel. The Planning Board further recommended that the Town Board issue a negative declaration for the project based on the miniscule effect it will have on any environmental concerns.”

    Craig Tschetter, 4560 Clinton Street, stated his request for a special permit for a light automotive/storage facility and noted that there will be no new construction on the property. The buildings were already there and the special permit will allow his tenant to expand the business another 1200 to 2400 sf if needed.

    No comments were received from the public.

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to issue a negative declaration with regard to SEQR for the project located at 4560 Clinton Street for a light automotive/storage facility based on the miniscule effect it will have on any environmental concerns.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request for a special permit for property located at 4560 Clinton Street, being part of Lot No. 333, changing its classification from M-1 to M-1(S), for a light automotive/storage facility, noting that the special permit shall apply to the entire parcel.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2.   Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT MEYER ROAD AT BIRCHWOOD AVENUE, BEING PART OF LOT NO. 206, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR A 144-UNIT APARTMENT COMPLEX” in the Town of West Seneca, be received and filed. (E.F. Burke Realty Co.)

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.

    Ayes: All Noes: None Motion Carried

    Supervisor Piotrowski read the recommendation of the Planning Board: “At it’s October 8, 2009 meeting, the Planning Board recommended approval of the request for a special permit for property located at Meyer Road at Birchwood Avenue, being part of Lot No. 206, changing its classification from C-1 to C-1(S), for a 144-unit apartment complex. The Planning Board further recommended that the Town Board initiate a SEQR coordinated review for this project.”


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    19-C   LEGAL NOTICES

    2.    (continued)

    Patricia Bittar of Wm. Schutt & Associates stated that there was a similar apartment project approved for this parcel in the 1970’s, but it never came to fruition so the special permit expired. The current plan showed 144 units as a preliminary layout; however, based on detail design as they move forward the number of units may change.

    Supervisor Piotrowski stated that the number of units will also be specified with approval of the special permit.

    Brian Burke of E.F. Burke Realty Co. stated it was not their intent to increase the number of units or do anything outside of what the Town Code allowed.

    Councilwoman Bove commented on the number of evergreens on the property.

    Mrs. Bittar stated that the Planning Board also commented on the trees and asked that the buffer be preserved. A tree survey will be completed.

    David Monolopolus, Lexington Green, asked for clarification on the number of bedrooms in the apartments and if these will be classified as senior apartments.

    Mr. Burke responded that the apartments will be market rate housing similar to those in Birchwood Square.

    Harold Bihr stated that his property adjoins this parcel on the Birchwood Avenue side and he had no problem with the proposed project.

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to declare the West Seneca Town Board as lead agency for SEQR as follows:

      WHEREAS, the Town of West Seneca has received an application for a special use permit from E.F. Burke Realty Co. to allow for construction of a 144-unit apartment complex; and

      WHEREAS, the parcel consists of 9.8 acres located at the intersection of Birchwood Avenue and Meyer Road in the Town of West Seneca, Erie County, New York, and

      WHEREAS, the Planning Board recommended that the Town Board initiate a coordinated review and request to be lead agency for this project; and

      WHEREAS, the Town of West Seneca Town Board conducted a coordinated review of the project and received no objections to the Town Board acting as lead agency; now, therefore, be it

      RESOLVED, that the Town Board as lead agency with the most permitting power declares itself “lead agency.”

    On the question, Councilwoman Bove suggested that the Planning Board consider a better site plan, one that respects the environmental resources on the property, particularly the evergreen trees.

    Ayes: All Noes: None Motion Carried


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    19-D   COMMUNICATIONS

    1.   Supervisor Piotrowski re Public hearing for improvements to W.S. Water Districts #3 & #4

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to adopt the attached resolutions scheduling a public hearing to consider improvements in West Seneca Water Districts #3 & #4.

    Ayes: All Noes: None Motion Carried

    *APPENDICES*

    2.   Supervisor Piotrowski re Resignation of part-time Crossing Guards

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Sharon Tyler and William P Michel and terminate them as part-time Crossing Guards effective September 1, 2009 and September 28, 2009, respectively, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    3.   Councilman Graber re Amendment to labor contract with CSEA

    Motion by Councilman Graber, seconded by Councilman Clarke, to amend the current labor contract between the Town of West Seneca and the CSEA modifying the language of Appendix F as indicated in the attached Memorandum of Agreement.

    On the question, Supervisor Piotrowski stated that this amendment guarantees that the town will always have a workforce of 14 full-time laborers in the Buildings & Grounds Department. Generally, when management gives up something in collective bargaining they get something in return, but in this case they were not getting anything in return while they were giving up quite a bit. Supervisor Piotrowski stated that the four previous contracts going back to 1990 had the same language and he did not see a need to change it at this point, but could address it in two years when the contract is renegotiated. He commented that private industry and many governments were reassessing their departments and looking to provide the same services more cost efficiently and with less employees. They accomplish this through retirements with no layoffs and he thought the town should do the same. Supervisor Piotrowski did not believe this provision was in the best interest of the residents and the board members in favor of it were just protecting friends and family members.

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

    *APPENDICES*

    4.   Chief Gehen re Purchase of portable radios

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of fifteen (15) Kenwood Model TK-2160K portable radios at the NYS contract price of $295.61 each for a total cost of $4434.15.

    Ayes: All Noes: None Motion Carried


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    19-D   COMMUNICATIONS

    5.   Chief Gehen re Purchase of in-car video systems

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of two (2) WatchGuard DV-1 overhead system, third generation in-car video systems at a cost of $4970 each plus $50 shipping for a combined cost of $9990 from WatchGuard Digital In-Car Video, 3001 Summit Avenue, Plano, TX 75074, noting that WatchGuard is the sole source provider for the WatchGuard video system and this purchase will continue with the replacement of the older in-car video systems that are experiencing various mechanical breakdowns and failures.

    Ayes: All Noes: None Motion Carried

    6.   Chief Gehen re Purchase requiring Town Board approval

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $7100 to Eastern States Sentinel Alarm Services Inc. for repairs to the system in the Police Department caused by a water line break.

    Ayes: All Noes: None Motion Carried

    7.   Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers James McCullough and Derek Vasquez to part-time seasonal effective November 1 – 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    8.   Town Clerk re Rezoning request for 2250 Transit Road

    Attorney Jay Pohlman represented Rick Flett, owner of Seneca Greenhouse, 2250 Transit Road, and stated that because of the success of his business he needed additional room for plant display, seasonal gardens, and a children’s gardening area. Mr. Flett had an option to purchase the neighboring property to the north that was 100’ x 1100’. The neighbor will be submitting a letter of support for the project with a request for some type of screening or an actual fence. Mr. Flett had no plans at this point for any parking or building on that parcel. He was only looking to rezone the first 320’ to match the depth of his property to the south.

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to refer the request for a rezoning for property located at 2250 Transit Road for retail display of plants and shrubs to the Planning Board for their review and recommendation.

    Ayes: All Noes: None Motion Carried

    9.   Code Enforcement Officer re Specialty sign for WNY Federal Credit Union

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve an LED sign for WNY Federal Credit Union on their property located at 1937 Union Road.

    Ayes: All Noes: None Motion Carried


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    19-D    COMMUNICATIONS

    10.   Code Enforcement Officer re Specialty sign for 4534 Clinton Street

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve an electronic messaging sign for Louis Manko on his business property located at 4534 Clinton Street.

    Ayes: All Noes: None Motion Carried

    11.   Comptroller re Budgetary transfer request

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the following budgetary transfer request for the Assessor’s office:

    From: 

    1.1355.0100   Salary of Assessor $62,525.32
    To:  

    1.1355.105   Salary of Real Property Appraiser $21,429.32
    1.1355.0137   Salary of Real Property Technician         $29,000.00
    1.1355.0200   Assessor’s Equip. (Auto) $ 6,596.00
    1.1355.0139   Salary of PT Clerk $ 5,500.00
    Ayes: All Noes: None Motion Carried

    12.   Comptroller re Budgetary transfer request

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the following budgetary transfer request for the Town Clerk’s office:

    From: 

    1.1990.0480   Contingent Account $11,554.20
    To:  
    1.1450.0122   Election Inspectors $ 4,201.84
    1.1450.0419   Election Misc. Expense       $ 7,352.36
    Ayes: All Noes: None Motion Carried

    13.   Comptroller re Budgetary transfer request

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $15,105 from Acct. #1.1990.0480 Contingent Account to Acct. #1.7110.0463 Building Maintenance to fund Town Board approval of a new roof on the salt barn.

    Ayes: All Noes: None Motion Carried

    14.   Recreation Supervisor re Status change for Carol Kennedy to part-time seasonal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Food Service Helper Carol Kennedy to part-time seasonal effective November 2 – December 31, 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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    19-D   COMMUNICATIONS

    15.   Recreation Supervisor re Status change for Donald Bebak to part-time seasonal

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Van Driver Donald Bebak to part-time seasonal effective December 1, 2009 through April 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    16.   Councilwoman Bove re Reappointment of Sandra Rosenswie to Zoning Board of Appeals

    Motion by Councilwoman Bove, seconded by Councilman Clarke, to reappoint Sandra Rosenswie to the Zoning Board of Appeals for a 5-year term expiring November 23, 2014.

    Ayes: All Noes: None Motion Carried

    17.   Chief Gehen re Status change for part-time Public Safety Dispatcher Diane Nowicki

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher Diane Nowicki to part-time seasonal effective November 1 – 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    18.   Councilwoman Meegan re Credit card policy

    Motion by Councilwoman Meegan, seconded by Councilman Graber, to approve the attached credit card policy for the Town of West Seneca.

    On the question, Town Attorney Shawn Martin stated that this was discussed at work sessions and modifications suggested had been incorporated in the proposed credit card policy.

    Comptroller Robert Bielecki referred to item #6 on the credit card policy and noted that travel was normally approved by the entire Town Board, not just the liaison member.

    Mr. Martin stated that he would remove the word “liaison” from item #6.

    Mr. Bielecki also referred to item #11 and stated that since his department was responsible for paying the bills, they would like bills to be submitted timely with receipts attached to the vouchers giving a detailed explanation of the expenditure. He further referred to item #9 and thought it would be rather voluminous to provide Town Board members with receipts and documentation involved in credit card purchases.

    Councilwoman Bove stated that this was discussed in the work sessions and the board members decided that they wanted this information.

    Supervisor Piotrowski suggested adding the Comptroller’s office to item #9 so they will also receive copies of receipts and documentation involved in credit card purchases.

    Councilwoman Meegan thanked everyone involved for their time and input in developing the credit card policy which was very important for accountability.

    Motion by Councilwoman Meegan, seconded by Councilman Graber, to amend the motion and approve the attached credit card policy with amendments as noted.

    Ayes: All Noes: None Motion Carried
    *APPENDICES*
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    19-E   REPORTS

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

  •   William P. Czuprynski, Code Enforcement Officer’s report for October 2009 received and filed.

    ISSUES OF THE PUBLIC

    ASPHALT PLANT ON UNION ROAD

    Brownie Michalczak, 211 Warren Avenue, questioned the status of the asphalt plant operations on Union Road.

    Town Attorney Shawn Martin stated that he researched this matter and found that on March 13, 2006 a special permit for the asphalt plant was granted by the prior Town Board. Mr. Martin forwarded the minutes from that Town Board meeting to Code Enforcement Officer William Czuprynski for his review and analysis to determine if the current operation was being run in conformity with the special permit that was granted.

    Mr. Czuprynski stated that when the special permit was approved by the Town Board it was conditioned upon three or four requirements and those had been met. He thought the night operation of the plant was now closed.

    Mr. Michalczak disagreed and stated that they were operating at 6 AM Saturday and there was an odor in the neighborhood. He was concerned about the smell of this plant next year in the warmer weather.

    Mr. Czuprynski stated that he was next to the plant when it was producing asphalt and there was no smell coming from it, but if the residents were complaining of an odor he would investigate it again and also do a sound test.

    Councilwoman Bove noted that the minutes from the Town Board meeting when the special permit was granted did not say anything about the operations taking place at night.

    Mr. Czuprynski recited the restrictions the Town Board placed on the business that were enforceable and those did not include hours of operation.

    Councilwoman Bove stated that although she was not present at the public hearing when the special permit was granted, normally when a business is asking for a request the average person would think that the business would be operating during the daytime hours. She would never have expected they would be operating at night.

    Mr. Czuprynski responded that many businesses operate 24 hours a day.

    Mr. Michalczak stated that the asphalt plant is designed to produce 6 ton and the special permit was only issued for 4 ton. He was also concerned about where the material being crushed had come from and if it was contaminated.

    Mr. Czuprynski agreed that the material could have come from anywhere but stated that no one could stand out there 24/7 and watch every truck delivering material. He commented that Mr. Hill has operated Union Concrete over 30 years, he was an outstanding citizen, and there had never been any trouble with his business. Mr. Czuprynski did not see any way to monitor the business.

    Mr. Michalczak was concerned about having to smell the odor from the asphalt plant and stated that he was unaware of this business receiving approval from the town.

    Mr. Czuprynski stated that the special permit request was published in the West Seneca Bee twice, once for the Planning Board meeting and once for the Town Board meeting, but Mr. Michalczak did not appear at either meeting to speak against it.


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    ISSUES OF THE PUBLIC

    ASPHALT PLANT ON UNION ROAD    (continued)

    Mr. Michalczak stated that he was not aware of the meetings.

    Councilman Graber directed Mr. Czuprynski to make sure the plant was operating at 4-ton instead of 6-ton. He further referred to the stipulation regarding having the fee title on or before December 1, 2006 and stated that he was given information that Mr. Hill did not have fee title until May 12, 2008. Councilman Graber thought the special permit may be null and void if Mr. Hill did not have fee title by the specified date.

    Mr. Martin stated that he would look into this and report back at the next meeting.

    Mr. Michalczak commented that there are concrete pieces on the property one day and the next day they are gone, so he assumed they were being crushed on site.

    Councilman Graber stated that the special permit was for an asphalt plant, but crushing concrete was allowed under the M-1 zoning.

    Maureen Harding, 68 Summit Avenue, stated that when the special permit was approved there were no provisions concerning noise. She thought the business was in violation of the Noise Ordinance because it was operating at 6 A.M. and after 11 P.M. Mrs. Harding stated that she will FOIL the special permit application, the site plan application, and the SEQR determination because she believes the Planning Board was in error by not doing a noise analysis for the operation. Mr. Hill’s attorney had also pointed out to her in a letter that the business is not located in the overlay district; it is in an M-1 district and that is more restrictive than the overlay district. There should be no noise from the operation in the receiving area of a residential neighborhood. The residential neighborhood should not be receiving any type of pollution, so Mrs. Harding thought the asphalt plant was in violation of the M-1 zoning. She did not want to see Mr. Hill go out of business, but thought he should have to mitigate the noise either by regulation of the source or by building a wall between the business and the residences.

    Lancaster resident Greg Young stated that he lives on the border of West Seneca, Elma and Lancaster and for the last 2.5 years he has been awakened in the middle of the night to noise he has yet to identify. He was now questioning if it could be the asphalt plant operation.

    Mr. Czuprynski responded that the asphalt plant did not begin operating until September 2009.

    STATUS OF TRANSFER OF METZ HOUSE AND GRANT MONEY

    Paula Minklei, Orchard Park Road, stated that at a recent Town Board meeting she requested information on the status of the Metz house which the board had voted to convey to WNY AmeriCorps. Among other questions, she wanted to know the purpose of the $200,000 state grant for this and other sites. She also wanted to know if a public hearing was required prior to such a transaction. Mrs. Minklei stated that she received some information from the Town Attorney’s office, but her questions were not answered, so she contacted the State Office of Parks, Recreation and Historic Preservation and received a copy of the contract regarding the grant. Its stated purpose was to “acquire two properties located across from the Burchfield Nature and Art Center (BNAC) – one at 12 School Street, the Christian Metz house, and the second at 1999 Union Road at Race Street – to develop historic, cultural programming expansions at the BNAC and renovate the Metz house. The Gardenville historical cultural district will preserve the historical integrity of the area, attract visitors interested in learning about unique local historical events, and enhance and preserve the town’s significant cultural resources.” Mrs. Minklei stated that further details were given in the rest of the visionary narrative about relocating the town’s historical museum to the Union Road site, adjacent to the BNAC. These three sites and expanded BNAC programs were to provide a cornerstone for


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    ISSUES OF THE PUBLIC

    STATUS OF TRANSFER OF METZ HOUSE AND GRANT MONEY    (continued)

    the town’s historical, cultural district as well as its role in local history. The town was granted $200,000 to accomplish the proposed project, but things have changed. Mrs. Minklei stated that she browsed through Town Board minutes from 1999 through the present and found no board discussions about the proposal or reasons for the change in plans. She requested from the state a copy of the final report on the project including changes to the narrative and whether the town had received authority from the state to convey the property. Mrs. Minklei questioned if there was a file in Town Hall with this information, and if not, why not. If there was a file, she questioned if the public was allowed to look at it and if there was a policy as to where such contracts are filed for easy accessibility.

    Town Attorney Shawn Martin stated that he had furnished Mrs. Minklei with 90+ pages of information he was able to locate and noted that no public hearing was required to transfer property. Mr. Martin further stated that records in the real estate avenue are kept by property address and Mrs. Minklei was welcome to review them, but the information she received was taken from the three files for 12, 16 and 20 School Street.

    Mrs. Minklei questioned if there was a copy of the grant proposal or changes as the years went by because the town was supposed to submit a final report to the state. She noted that the proposal was very restrictive about how the property could be conveyed.

    Mr. Martin responded that he had not seen a copy of the grant proposal.

    Mrs. Minklei commented that the Metz house was an important historic site in West Seneca and she did not see how the Town Board could transfer it to someone else without holding a public hearing even if it is not required.

    Amy Carpenter, 406 Woodward Crescent, recited portions of the grant proposal as follows: “The Metz house was built circa 1842 and was considered to be the oldest standing building in the Town of West Seneca. It was one of a cluster of historical sites in the area that includes the Middle Ebenezer Cemetery and the Charles Burchfield Nature and Art Center. Upon acquiring the property, the town will designate the building as a historical landmark, repair its foundation, restore the structure’s interior to its original period design, and seek a designation of the area as a historic district. Much of the restoration work will be conducted by AmeriCorps volunteers, as well as municipal personnel, under the guidance of qualified historical preservation experts. Following purchase of the property at 1999 Union Road at Race Street, the town plans to relocate its historical museum to the site adjacent to the BNAC. The BNAC is a tribute to renowned artist Charles Burchfield who lived and painted in West Seneca for much of his life. The BNAC, unique to WNY in its combination of nature trails, amphitheater, children’s adventure area, gardens, and art, is designed to cultivate a greater understanding of art and nature through educational and recreational programming. Center programs will be expanded to reflect its anticipated function as the cornerstone of the town’s historical, cultural district as well as its role in the local history.” Mrs. Carpenter noted that this was all part of the grant that the town received, but it did not appear to her that any of this had been executed accordingly and she thought the state would want the money back. She questioned if the town planned to do anything to rectify this and keep their word.

    Supervisor Piotrowski stated that the Town Board voted to transfer the property to AmeriCorps as soon as the state approves the transfer and that was what they were waiting for.

    Mrs. Carpenter noted that there were other things mentioned in the grant proposal and not just the one building. The entire area was supposed to be designated as historical and cultural.


    WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
    1250 Union Road Minutes #2009-19
    West Seneca, NY 14224 November 16, 2009
    Page twelve . . .

    ISSUES OF THE PUBLIC

    STATUS OF TRANSFER OF METZ HOUSE AND GRANT MONEY    (continued)

    Supervisor Piotrowski stated that the previous Town Board submitted that proposal, but the current Town Board took a different direction.

    Mrs. Carpenter asked for Councilman Graber’s comment as a member of the previous Town Board.

    Councilman Graber stated that he had a difference of opinion from the other board members and wanted to demolish the Metz house because it could not be restored. It had been altered too many times over the years and would require a lot more money. There was a mold situation and the structural integrity was very questionable.

    Mrs. Carpenter suggested that this was known before the grant was written and questioned the town’s responsibility when they receive grant money to do one thing and then do something different.

    Councilman Graber stated that at that time former Assemblywoman Sandra Lee Wirth approached the town and said there was $200,000 available to spend on the historical district. The town did not seek out the money, Assemblywoman Wirth came to the town with the money, but when he heard about the structural problems with the building Councilman Graber was in favor of demolishing it.

    Mrs. Carpenter thought communication was a key factor here and suggested that in the future when information such as this is found out it be shared with the community.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    EXECUTIVE SESSION

    Motion by Supervisor Piotrowski, seconded by Councilwoman Bove, to recess to Executive Session (8:40 P.M.) to discuss a pending litigation matter with Town Attorney Shawn Martin and Comptroller Robert Bielecki.

    Ayes: All Noes: None Motion Carried

    The Town Board returned from Executive Session at 8:50 P.M.

    ADJOURNMENT

    Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:50 P.M.

    Ayes: All Noes: None Motion Carried



    _______________________________________

    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK