Board Meeting Minutes 07/19/2010

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                                Minutes #2010-11
West Seneca, NY 14224                                                     July 19, 2010

Supervisor Wallace C. Piotrowski called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.

ROLL CALL: Present    -   Wallace C. Piotrowski, Supervisor
                                        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 Geraldine Andolina, James Joseph Higgins, and Ralph J. Sorrentino.

11-A MINUTES TO BE APPROVED

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-10 of June 21, 2010.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the July 12, 2010 bid opening for the Sanitary Sewer Repair Contract.
Ayes: All Noes: None Motion Carried

11-D COMMUNICATIONS

Chief Gehen re Title change for John Urbanski to Police Lt.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate John R. Urbanski as Police Officer and appoint John R. Urbanski as Police Lieutenant at an annual salary of $79,789.80 effective July 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Chief Gehen re Leave of absence for Public Safety Dispatcher David Steinwandel
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a leave of absence without pay to Public Safety Dispatcher David Steinwandel effective August 2, 2010 through August 1, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Chief Gehen re Appointment 21. of Paul Daley, David Steinwandel, Joseph Milewski, and Cheri Dyson as Police Officers
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Paul Daley, David Steinwandel, Joseph I. Milewski, and Cheri Dyson as Police Officers permanent probationary at an annual salary of $49,672.29 effective August 2, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that these appointments are contingent until the final results of medical and psychological examinations are satisfactorily completed and will be subject to the successful completion of a 78 week probationary period commencing from their appointment date.

Ayes: All Noes: None Motion Carried

11-B HELD OVER PUBLIC HEARINGS

1. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1696 ORCHARD PARK ROAD, BEING PART OF LOT NO. 414, CHANGING ITS CLASSIFICATION FROM R-50 TO R-50(S), FOR A FIVE-UNIT APARTMENT BUILDING” in the Town of West Seneca.

(Sean & Maria Hanley)

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.

Ayes: All Noes: None Motion Carried

Attorney Ralph Lorigo, 101 Slade Avenue, represented Sean & Maria Hanley and stated that the neighbors had no objection to the building, but they did have legitimate concerns over the location of it with regard to setbacks. The building as proposed met the requirements of the Town Code including density and there were numerous examples of buildings that are perpendicular to the road. Mr. Lorigo noted that the setbacks and placement of the building on the lot were site plan issues and they could also be addressed at a meeting with the neighbors. Mr. Hanley was willing to remove the garages and have parking in the rear of the property, move the buildings closer to the front, and reduce the number of units from five to four. Mr. Lorigo stated that the property is zoned properly for the project and he asked the Town Board to approve the special permit with serious considerations given to the site plan approval process. The building will be constructed in a similar fashion to the Westview Apartments and will be a higher end, townhouse style apartment.

Motion by Councilwoman Meegan, seconded by Councilman Clarke, to table this item.

Ayes: All Noes: None Motion Carried

Mr. Lorigo questioned if the Town Board wanted him to attempt to meet with the neighbors to go over their issues prior to the next meeting.

Councilwoman Meegan stated that she had an appointment with Mr. Hanley, but he did not show up. Mr. Hanley was also supposed to talk things over with the neighbors, but she had not received any information on that. Councilwoman Meegan suggested that Mr. Lorigo contact Mr. Hanley.

Councilman Clarke agreed and stated that he gave Mr. Hanley a copy of the petition that was submitted but he apparently did not contact anyone, not even the residents of the patio homes or the surrounding neighbors who will be affected the most.

Mr. Lorigo stated that he will contact the neighbors and attempt to resolve some of the issues.

2. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 5029 CLINTON STREET, BEING PART OF LOT NO. 9, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR USED CAR SALES” in the Town of West Seneca. (George Boller)

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.

Ayes: All Noes: None Motion Carried

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request for a special permit for property located at 5029 Clinton Street, being part of Lot No. 9, changing its classification from C-2 to C-2(S), for used car sales conditioned upon the following: 1) 25 parking spaces as calculated by Code Enforcement Officer Robert Pinnavaia; 2) entrance on Clinton Street near the intersection of Transit Road shall be closed; 3) installation of a guardrail along Buffalo Creek at the car wash exit; 4) no gasoline sales while used cars are being offered for sale.

Ayes: All Noes: None Motion Carried

*APPENDICES*

11-C TABLED ITEMS

Little Loop Football Agreement
Remained on the table.
Temporary dasher signs for hockey tournament
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.

Ayes: All Noes: None Motion Carried

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize placement of temporary dasher board signage at the West Seneca Ice Rink for the duration of the 2010 World Under 11 Invitational Hockey Tournament, noting that the town and association for the tournament will divide the net proceeds evenly by written agreement with the vendors and the association and be obtained solely by the association and the hockey tournament.

Ayes: All Noes: None Motion Carried

11-D COMMUNICATIONS

Supervisor Piotrowski re Retirement of Honorable Richard B. Scott
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the end of the meeting.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Temporary appointment of Richard B. Scott as Town Justice
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the end of the meeting.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Resignation of Catherine Seweryniak
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of Catherine M. Seweryniak and terminate her as part-time Account Clerk/Mini Computer Operator effective July 23, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Reappointment of Joseph Sherman to Planning Board
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to reappoint Joseph G. Sherman as a member of the West Seneca Planning Board for a 7-year term effective June 5, 2010 and expiring June 4, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Purchase of 2008 Ford Taurus
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a 2008 Ford Taurus X with mileage of 11,000 from Orchard Park Leasing (Towne Ford), 3535 Southwestern Blvd, Orchard Park, in the amount of $15,185, noting that the wholesale value of this vehicle is approximately $17,500 and the buyout is on a vehicle being leased by the Engineering Department with a lease expiration date of September 13, 2010.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $9701.93 from Contingent Acct. #1.1990.0480 to Park Building Maintenance Acct. #1.7110.0463 to cover the cost of electrical work at Firemen’s Park & Centennial Park.

Ayes: All Noes: None Motion Carried
Town Attorney re Purchase requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1125 to Arrow Appraisal Service for appraisal work on tax assessment challenges brought against the town.

Ayes: All Noes: None Motion Carried
Town Engineer re Bid award for Sanitary Sewer Repair Contract
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the Sanitary Sewer Repair Contract, Job No. S-1005, to Osinski Plumbing, Inc., 246 Fillmore Avenue, Buffalo, NY 14206 at their low contract amount of $103,138.50 and authorize the Supervisor to sign the contract documents.

Ayes: All Noes: None Motion Carried
Town Engineer re Purchase requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $8172.86 to K & S Contractors Supply Inc. for repairs in West Seneca Water Districts #4 & #6.

Ayes: All Noes: None Motion Carried
Highway Supt. re Title change for James Alba & Scott Funk to Sanitation Laborers
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate James Alba and Scott Funk as Sanitation Motor Equipment Operators and appoint James Alba and Scott Funk as Sanitation Laborers at a rate of $17.61 per hour effective June 17, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Highway Supt. re Title change for Kevin Farrell to Sanitation MEO
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Kevin Farrell as Sanitation Laborer and appoint Kevin Farrell as Sanitation Motor Equipment Operator at a rate of $18.92 per hour effective July 8, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Highway Supt. re Appointment of Peter Colson as part-time seasonal laborer in Highway Dept.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Peter Colson as part-time seasonal laborer to work as summer help in the Highway Department at a rate of $7.25 per hour effective July 6 – August 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Highway Supt. re Termination of A Cloen & J Stacey as part-time sanitation laborers
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Anthony Cloen as part-time seasonal laborer and John Stacey as part-time sanitation laborer effective June 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Highway Supt. re Appointment of part-time seasonal sanitation laborers
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time sanitation laborers Joseph Demma and Joel Polino to part-time seasonal at a rate of $7.25 per hour effective June 24 – November 24, 2010 and appoint Michael Moore and Daniel Ziccarelli as part-time seasonal sanitation laborers at a rate of $7.25 per hour effective June 24 – November 24, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Highway Supt. re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $5500 from Radio Installation Acct. #1.5132.0439 to Highway Building Acct. #1.5132.0452 to cover the cost of repairs.

Ayes: All Noes: None Motion Carried
Highway Supt. re Purchases requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Highway Department:

Chudy Paper (janitorial supplies) $1787.55

Lakeside Sod Supply Co., Inc. (ball diamond mix) $5452.83

Buffalo Light & Supply Corp. (street light supplies) $2355.30

Kenworth of Buffalo NY Inc. (truck repairs) $2868.02

Ayes: All Noes: None Motion Carried

Chief Gehen re Military leave of absence for Officer Timothy Pratt
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a military leave of absence for Police Officer Timothy Pratt effective July 25 – September 22, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers James McCullough, Andy Oscypala, James Kavanaugh, and Diane Nowicki to part-time seasonal effective August 1 – 31, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Chief Gehen re Purchases requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1855.37 to West Seneca Auto for repairs to car #29 and $3500 to George’s Collision for repairs to car #24.

Ayes: All Noes: None Motion Carried
Town Clerk re Rezoning request for 266 Fisher Road
Thomas Schuster of Schuster Construction stated his request to rezone property on Fisher Road for duplexes and noted that the surrounding properties were already zoned for duplexes.

Motion by Councilwoman Meegan, seconded by Councilman Clarke, to table this item until the August 16, 2010 Town Board meeting.

Ayes: All Noes: None Motion Carried
Town Clerk re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $28,167.41 from Salary of Youth Bureau Secretary Acct. #1.7311.0139 to Salary of Clerical Acct. #1.1410.0137 to cover the salary of an employee reassigned to the Town Clerk’s office.

Ayes: All Noes: None Motion Carried
Code Enforcement Officer re Electronic sign at Delta Sonic on Langner Road
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Delta Sonic to install a 91 sf LED electronic face changing sign at 350 Langner Road.

Ayes: All Noes: None Motion Carried
Code Enforcement Officer re Electronic sign at X-Press Sign Company on Union Road
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of X-Press Signs Inc. to install an electronic message board to be added to their present sign at 1780 Union Road.

On the question, Supervisor Piotrowski noted that this request was to add a 6.4’ x 3.5’ LED sign at the bottom of their current sign and he questioned if there was an overall sign dimension limitation for the LED signs.

Code Enforcement Officer Robert Pinnavaia advised that the overall sign could not be larger than 40 sf. The LED portion was solely up to the Town Board. They can stipulate the size of the sign, whether it is flashing, etc. Mr. Pinnavaia commented that his opinion was the LED signs were being approved too easily and the town was beginning to look like Las Vegas.

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item for further review with Mr. Pinnavaia.

Ayes: All Noes: None Motion Carried
Code Enforcement Officer re Electronic sign at Tops on Orchard Park Road
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item.

Ayes: All Noes: None Motion Carried
Assessor re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $4000 from Salary of Assessor Acct. #1.1355.0100 to Salary of Part-Time Clerk Acct. #1.1355.0139 to fund the part-time clerk.

Ayes: All Noes: None Motion Carried
Town Justices re Purchase of computer server
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a new computer server for the Justice Court from IEvolve at a cost of $5300.

Ayes: All Noes: None Motion Carried
Director of Senior Services re Status change for John Fector to part-time seasonal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time van driver John Fector to part-time seasonal effective July 5 – November 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Youth/Recreation Director re Termination and appointment of part-time employees
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate part-time Recreation Attendant Leanne Skrabacz and part-time Recreation Bus Driver Deborah Sturm effective June 1, 2010 and appoint Kristine Capodagli as part-time seasonal Recreation Bus Driver at a rate of $10.60 per hour effective July 1 – September 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried
Youth/Recreation Director re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $12,067 from Youth Theatre Trust Fund Acct. #04.004.0096 to Salary of Other Employees – part-time Acct. #1.7140.0149 to cover youth theatre staff salaries.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Library Construction grant application
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution authorizing Grant Consultant Connie D. Miner to submit the Public Library Construction grant application for the West Seneca Public Library in the amount of $45,000 for the purchase of a new HVAC system, noting that the Town of West Seneca will be providing matching funds in an amount not to exceed $22,500 to complete the required replacement of the HVAC system, and further, authorize the Supervisor to sign, submit and execute the grant contract.

Ayes: All Noes: None Motion Carried

*APPENDICES*
Town Attorney re Workplace Violence Prevention Program
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the Workplace Violence Prevention Program as prepared by Town Attorney Shawn Martin with insertion of Town Attorney as the Program Administrator on Page five.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Resignation of Alan Kerner and Richard Rutkowski from West Seneca Environmental Commission
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of Alan Kerner and Richard Rutkowski from the West Seneca Environmental Commission.

Ayes: All Noes: None Motion Carried
Supervisor Piotrowski re Appointment of Evelyn Hicks as Chairman of West Seneca Environmental Commission
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Evelyn Hicks, Seneca Creek Road, as Chairman of the West Seneca Environmental Commission.

Ayes: All Noes: None Motion Carried
Highway Supt. re Purchase of recycling bins
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of 1000 recycling bins from ORBIS at their low quote of $5.72 per unit for a total of $5720 including freight.

Ayes: All Noes: None Motion Carried

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn to Executive Session at 7:45 P.M. to discuss a personnel matter.

Ayes: All Noes: None Motion Carried

The Town Board returned from Executive Session at 8:00 P.M.

11-E REPORTS

· Robert J. Pinnavaia, Code Enforcement Officer’s report for June 2010 & Plumbing Inspector’s report for May & June 2010 received and filed.

ISSUES OF THE PUBLIC

AMERICORPS ISSUES

Karen Lucachick, Greenmeadow Drive, asked Comptroller Robert Bielecki for an update on any payments made to the town by AmeriCorps and whether the town was still in negotiations.

Mr. Bielecki responded that no payments had been received.

Town Attorney Shawn Martin stated he is still in negotiations with Mr. Lazzara, pending some audits that AmeriCorps is undergoing.

ELECTRONIC SIGN ISSUE

Karen Lucachick, Greenmeadow Drive, thanked Code Enforcement Officer Robert Pinnavaia for his comments on the electronic signs. This has been an issue for several years and she saw no problem if the town banned them. Mrs. Lucachick referred to the unattractive electronic signs located on Union Road near Galleria Mall.

CLARIFICATION OF PEER COUNSELING STATEMENTS

Karen Lucachick, Greenmeadow Drive, clarified her previous statement regarding the Peer Counseling program. She did not state that the program should be eliminated; rather, that it should be under the direction of the Board of Education which is in charge of the educational spectrum of the town. Mrs. Lucachick questioned who supervised the program.

Supervisor Piotrowski responded that the Recreation Director supervises the program on the town’s behalf and the department at the school on behalf of the Board of Education.

Mrs. Lucachick asked if there were viable lesson plans and who evaluates the program and its success.

Supervisor Piotrowski responded that the school evaluates the program from the lesson plan perspective and the school district and the Town Board evaluates its success.

Mrs. Lucachick asked if she could FOIL for those records and questioned where the statistics were held.

Councilwoman Meegan stated the Town Board receives a yearly report and she will arrange to have it mailed to Mrs. Lucachick.

Mrs. Lucachick noted the discrepancy of statements she has read regarding the length of time the program has been in existence. She has read ten years, thirty years, and the directors of the program having been in the school for twenty years.

Supervisor Piotrowski responded that exact dates could be provided, but these were questions that could not be easily answered at this meeting.

Frank Russo, Parkside Drive, referenced a statement made by Supervisor Piotrowski that the town intended to continue funding the Peer Counseling program. He felt the town should not be involved in the program and if the program is so successful, then the school district should run it itself.

Supervisor Piotrowski stated the school district funds one-half the cost of the program.

Mr. Russo disagreed and stated that amount was not half the cost of the program. He quoted a comment made by Brian Schultz, School District Treasurer, that of the $106.1 million school budget the district contributes about $12,000 toward the Peer Counseling program. Mr. Russo made reference to the benefits received by part-timers such as longevity, pension, health care and cell phones and the $36,000 salary for a 10 month position, which is really 9 months, at 5 hours a day, 5 days a week, totaling 25 hours of work per week. This equates to approximately 37 weeks per year of work for a weekly salary of $945 or $38 per hour to run a study hall. The DARE program receives $25,000 from the State. The police officer is paid $80,000 to be in the school, plus 3 school resource officers, to be in school to babysit. There are 12 social workers in the school, one for every building, and they handle these things also. The cost then exceeds $69,000 when pension is added to that figure. The sixth graders evaluate the program. The school superintendent was quoted as saying the school does not evaluate the program and that in addition to the $12,000 funded by the school district, it also provides space and provides for transportation. He was unable to obtain a monetary figure on the transportation costs. Mr. Russo commented that this involves two part-time employees who have been taking advantage of the taxpayers for the past 20 years. He thought the program should be operated by the school and not the town, and noted there are a number of clubs in the school district that have advisers. Mr. Russo felt that the Peer Counseling program should be converted to a Peer Counseling Club run by the school district. He further noted that $70,000 was saved with the downsizing of the Town Board, while the town maintains a program duplicated elsewhere and costing $100,000.

Councilwoman Meegan stated that she checked with several other Erie County municipalities as to their participation in similar programs, as well as costs incurred for providing vans, insurance and gas, and the town is making a concerted effort to reduce the costs involved in programs such as this. She also confirmed that no other town in Erie County runs a similar school/town type program.

Caitlin Dickey, West Bihrwood, stated she has never been told to address the Town Board on the issue of the Peer Counseling program. Whether paid for by the town or the school district, the taxpayers still pay for the program. Few people understand how much effort the students and directors put into the program and it cannot operate as a school club. The program is evaluated by the 6th grade teachers and always receives good ratings and she thought the town should continue funding the Peer Counseling program.

STATUS OF FENCE AT TK’S PIZZERIA

Dennis Falsone, Clinton Street, stated his concern with the chain link fence at TK’s Pizzeria that was partially erected. The fence was supposed to act as screening and should have slats, but there are none on the fence. The fence is 50 to 60 feet back from the side line of the road. The sign is up about 25 feet from the side line of the road and he would like to see the fence there in order to block the car headlights.

Code Enforcement Officer Robert Pinnavaia noted that this matter is currently in court.

Town Attorney Shawn Martin stated that a summons was issued and the matter is pending before the town’s Justice Court. He had spoken with Mr. Falsone earlier on this.

Mr. Falsone stated the matter has been postponed several times. He contacted the Court Clerk who was to advise him of the next court date so that he could be present to state his side of the matter.

Mr. Martin responded that he would contact Mr. Falsone with the date for the next court hearing.

Mr. Falsone noted this has been an ongoing problem for a year and a half and questioned if a chain link fence with slats was considered a solid fence.

Mr. Pinnavaia stated the discrepancy involves whether the court decision was a negotiated settlement or if it was the Judge’s determination that the fence must meet Town Code. If the fence needs to meet Town Code then it must be solid and cover the entire parking lot. If this was a negotiated settlement between Fire Inspector John Gullo, the Court, and the defendant, then whatever the Court determines is what Mr. Falsone will get. The Town Board does not have jurisdiction over the matter.

Mr. Falsone stated his records show it was according to Town Code. The sign is 25 feet or more back from the side of the road and there is no reason that the fence could not be located there as well.

Mr. Martin cited the Court’s decision from December, 2009 which found the defendant to be in violation of the town ordinance and directed him to comply with the Town Code.

Councilman Clarke noted that Mr. Falsone has brought this matter to the attention of the town several times and has been inconvenienced by the situation for quite some time.

HIRING POLICY FOR THE TOWN

Tim Murek, West Seneca, questioned whether or not the town has a hiring policy in place.

Supervisor Piotrowski stated not at present, although he is working on a proposal for consideration by the board members and anticipated its completion date sometime in September.

Councilwoman Meegan noted that Civil Service includes the white collar and blue collar employees.

Mr. Murek felt there should be a hiring policy in town that is up to federal mandates. If the town is receiving federal funds, then the town should be an equal opportunity employer. Mr. Murek requested that there be no further appointments, other than civil service appointments, for the Police Department. He referenced the appointments made in the Highway Department and felt there should be a hiring policy in place prior to department heads appointing people.

Councilman Clarke responded that there are numbers that need to be met in the Highway Department. Individuals are hired part-time and then they work their way up the ladder. This is the process and it works well and fairly.

OVERTIME IN POLICE DEPARTMENT QUESTIONED

Tim Murek, West Seneca, asked Assistant Chief Denz what steps were being taken to minimize overtime in the Police Department.

Assistant Chief Denz stated the department is bound by the negotiated contract between the PBA and the town. The Police Department has restructured its manpower and they are now minimized on the road. Overtime has been greatly reduced.

Mr. Murek asked if this year’s overtime was less than last year and when the current contract expires.

Assistant Chief Denz responded overtime is budgeted each year and overtime is controlled.

The current contract expires December 31, 2011.

ISSUES OF THE PUBLIC

STATUS OF SOUND SYSTEM

Amy Carpenter, Woodward Crescent, referred to the sound system planned for council chambers and felt it crucial that it be in service for the August 16th meeting. Emotions were running high at the last Planning Board meeting with the room being full of people. The room was hot, the air conditioning was noisy, and people become angry when they cannot hear.

Councilwoman Meegan stated she had a walk-through with the people installing the sound system today and the work should be completed soon, together with the installation of a plasma TV. The sound system will include the longer length gooseneck microphones.

SEWER DISTRICT #13 ISSUE

Beverly Leising, West Seneca resident, referred to the problems with sewer district #13 discussed at previous Planning Board meetings. She noted one person who spoke of a serious sewer problem on Orchard Park Road and questioned if approval of the sanitary sewer repair contract involved that sewer district.

Town Engineer George Montz stated that contract involves all of the sewer districts in town and he would contact the person referred to if the name and address was given to him.

Ms. Leising stated the individual attempted to submit photos of the problem to Planning Board member Gerald Greenan who refused to accept them. This woman had 14 years of sewer problems with sewage and personal hygiene products floating on her lawn.

Mr. Montz stated occasionally there are obstructions in the lines that can be corrected but he would need the address in order to investigate the problem.

Town Attorney Shawn Martin stated the address was recorded at the last Planning Board meeting and he spoke with the woman, advising her to contact the Town Engineer’s office. He also noted that while Mr. Greenan did not review the photos, he recalled the other board members taking a look at them.

Ms. Leising disagreed, noting that the woman actually held the photos up, but they were not distributed among the members. She also felt Mr. Greenan should be reprimanded for his behavior.

Arlene Vogt, 800 Union Road, stated she also attended the last Planning Board meeting. The photos were of her property and were taken by Lucy Murray who was only allowed to hold up one photo. She noted the problems with sewer district #13, including the sewer that comes up on her lawn and where the sewer comes up out of the ground in front of the high school. She also took pictures of where the sewage comes out of the pipe into Cazenovia Creek near Fairfax. She felt the Town Board should listen to its residents on this serious issue which has been a problem for a number of years. There were 25 photos of sewage that Mr. Greenan refused to look at and that were not distributed among the Planning Board members at that meeting.

Councilwoman Meegan noted she had received several complaints concerning Mr. Greenan’s dismissive behavior at that meeting.

Mr. Montz commented that there is a problem with sewer district #13 and the town is working with the DEC to resolve the problems.

Ms. Vogt stated the town continues to allow new buildings and referred to the Houghton College site. She referred to a comment by Mr. Montz that there is not a problem with the sewers.

Mr. Montz commented that they are working with the DEC on this specific project. They did examine the existing sewer flows downstream of the project at several different manholes on several different occasions, some dry, some wet, and there was capacity in the existing downstream sewers for the project. They just completed the inflow and infiltration study in cooperation with the DEC and are now starting the pilot sewer system evaluation survey (SSES) where they will go street by street performing smoke testing on every foot of sewer. The smoke testing is designed to show where there are points of infiltration. Dye testing will also be performed.

Ms. Vogt questioned the need for continuing the construction of buildings in town until the problem is resolved and inquired how many gallons of sewage goes into Cazenovia Creek during a rainstorm.

Mr. Montz stated they are obligated to provide a discharge data report to the DEC.

Ms. Vogt asked if she could obtain a copy of that report.

Mr. Martin advised her to submit a FOIL request. He would then review the request and make a determination under state law what can be released.

Ms. Vogt also questioned if the sewage that goes into Cazenovia Creek at Fairfax is treated or raw sewage.

Mr. Montz responded that it is sewage but becomes highly diluted with the rain water. There is chlorination and screening at the overflow retention facility.

Evelyn Hicks, Seneca Creek Road, commented that the problems with sewer district #13 have been ongoing for a number of years and enough is enough. She questioned the area encompassed by that sewer district.

Mr. Montz responded that sewer district #13 begins approximately at the Center Road/East Center Road area and goes around to Seneca Street and out to Transit Road near Elma. The 400 Expressway would be one of the boundaries, then over to Center Road to Seneca Street up to Reserve and Orchard Park Road. There are about 10 smaller sewer districts around the Seneca Street city line area. Sewer district #13 accesses to Cazenovia Park where there is a 36-inch trunk sewer that runs through there.

Mrs. Hicks questioned how many SSO outflows there are to Cazenovia Creek in sewer district #13.

Mr. Montz responded that there are 3; one is by West Seneca West Senior High, one is by Fairfax and one is on Elmsford Drive. There was one more on West Cranwood and Orchard Park Road but that was eliminated as part of the last number of years of sewer lining all the tributary streets coming into the Orchard Park Road mini-trunk. That was all part of the INI study recently completed and that section showed as the tightest section of sewer district #13.

Mrs. Hicks asked if the outflow by the high school had two points that go out to the creek and if there was a measuring device to show during a high flow or three month period how much waste is in there.

Mr. Montz responded that a pump run time is used and they know the approximate rate of capacity.

Mrs. Hicks asked if the sewage is filtered at the site before it goes into the creek.

Mr. Montz responded it is a crude process, more of a basket. The sewer maintenance crew is in charge of emptying it.

Mrs. Hicks asked if the payment approved by the Town Board tonight covers the lining of sewers in district #13.

Mr. Montz stated that payment is for the annual sewer repair service contract. If there is a break somewhere, the town purchases the material and this contract provides the labor and equipment to do the sewer repair.

Mrs. Hicks questioned if there were other municipalities that flow into sewer district #13.

Mr. Montz replied that there are small tributary areas from Orchard Park and one from Elma that the town receives payment for.

Mrs. Hicks asked if there is a current plan to remediate sewer district #13 particularly in the triangle area around Orchard Park Road.

Mr. Montz stated there is a consent order with the DEC and the town has just completed the INI study which was the first step. Flow meters were sent out to gauge the flow going through the various sewers, and from that information the sections with the highest INI is determined. Based on that data, the first pilot SSES is targeted for the highest INI sections. That will include the smoke testing, dye testing and the closed circuit televising of the sewers to look for the leaks. Then there is a step-by-step process to determine the repairs that are necessary and go from there. The remediation needs to be designed and then put out to contract. They will then reflow meter that area once the corrections are done to determine the cost effectiveness of the project. The whole process will project out to 2028. Through the whole process, the town has to go section by section of the worst areas and do the same process over. Repairs will be made along the way after each one of the SSES is completed. This is an overlapping process.

Mrs. Hicks referred to the 4:1 remediation ratio on the Houghton College project.

Mr. Montz stated that for every gallon of projected flow that the developer is proposing to put into the system for the entire site, he has to remediate or remove four gallons of inflow and infiltration from the system. After the first pilot SSES recommendations are known, then the town meets with the DEC and the developer to determine the amounts. The work either has to be performed by the developer or the town is reimbursed by the developer to do the work. The developer will submit a sewer estimate for the number of units and based on the multiplier of four, the number of gallons to be removed from the system is determined. The time period for completing the SSES is October. By the end of October the recommendation will be ready and at that time, the town will sit down with the DEC and developer to arrive at the portion of the fix that will be assessed to the developer.

Mrs. Hicks asked if there was a way to have the developer put funds in an escrow to guarantee that this work will be performed and either reimburse the developer or pay the town out of the escrow account.

Mr. Martin responded that there are several ways to do this and once it becomes relevant, then the town will determine exactly how to proceed to ensure the developer follows the 4:1 requirement.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

EXECUTIVE SESSION

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn to Executive Session at 9:00 P.M. to discuss two personnel matters and three litigation matters.

Ayes: All Noes: None Motion Carried

The Town Board returned from Executive Session at 9:50 P.M.

RETIREMENT OF TOWN JUSTICE RICHARD B. SCOTT

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Honorable Richard B. Scott and terminate him as Town Justice effective July 6, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Judge Scott served the Town of West Seneca for 32 years.

Ayes: All Noes: None Motion Carried

APPOINTMENT OF RICHARD B. SCOTT AS TOWN JUSTICE TEMPORARY

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Richard B. Scott to serve temporarily as Town Justice effective July 20 - 28, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried

ADJOURNMENT

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:55 P.M.

Ayes: All Noes: None Motion Carried

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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK