Board Meeting Minutes 05/17/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-09
West Seneca, NY 14224 May 17, 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
8-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-07 of May 3, 2010.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the May 7, 2010 special meeting.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the May 10, 2010 bid opening for the French Road Reconstruction Project.
Ayes: All Noes: None Motion Carried
8-B LEGAL NOTICES
1. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING CONCERNING RENEWAL OF THE CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE TOWN OF WEST SENECA AND TIME WARNER CABLE” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.
Ayes: All Noes: None Motion Carried
Town Attorney Shawn Martin stated the franchise agreement between the Town of West Seneca and Time-Warner is up for renewal and the proposed agreement needed to be renegotiated with Time-Warner.
No comments were received from the public.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item and authorize the Town Attorney to continue negotiations with Time-Warner Cable.
Ayes: All Noes: None Motion Carried
8-C COMMUNICATIONS
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1. Town Attorney re Purchase of safety garments |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of safety garments from Dival Safety and Supplies as follows: Safety Jackets, $59.00; Safety Hooded Sweatshirts, $23.45; and Safety T-shirts, $9.50 Ayes: All Noes: None Motion Carried |
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2. Town Engineer re Bid award for French Road Reconstruction Project |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the French Road Reconstruction Project, Job No. F-1001, to Occhino Corporation, 2650 Seneca Street, West Seneca, at their low contract amount of $1,394,612 and authorize the Supervisor to sign the contract documents. Ayes: All Noes: None Motion Carried |
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3. Highway Supt. re Title change for Jason Hobot to Highway MEO |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Jason Hobot as Highway Laborer and appoint Jason Hobot as Highway MEO, Group 2, Step 5, effective May 6, 2010 at a rate of $24.11 per hour 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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4. Highway Supt. re Status change for part-time laborers A Cloen & J Klubek to seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time laborers Anthony Cloen and Jeremy Klubek to part-time seasonal in the Highway Department effective June 1 – August 20, 2010 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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5. Highway Supt. re Appointment of summer help in Highway Department |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the following part-time seasonal laborers to work as summer help in the Highway Department effective June 1 – August 20, 2010 at a rate of $7.25 per hour: |
Ronald Balys Doug Busse
Ryan Dunford Christopher Kane
Nicholas Schultz Carmelo Marzullo
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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6. Highway Supt. re Appointment of summer help in Bldgs. & Grounds Department |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the following part-time seasonal laborers to work as summer help in the Buildings & Grounds Department effective June 1 – August 20, 2010 at a rate of $7.25 per hour: |
Richard Cotter Austin Boehm
Andy Breen Anthony Domros
Jacob Hiam Ethan Murphy
John Scanlon Joshua Scanlon
Tyler Sullivan
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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7. Highway Supt. re Status change for part-time laborers J Kaminski & A Olszewski to seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time laborers John Kaminski and Alex Olszewski to part-time seasonal in the Buildings & Grounds Department effective May 17 – August 20, 2010 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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8. Highway Supt. re Bid date for purchase of field rake |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of June 1, 2010 at 10:00 A.M. for receipt of bids on the purchase of one field rake for the Buildings & Grounds Department. Ayes: All Noes: None Motion Carried |
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9. Highway Supt. re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2310.34 to National Grid Power Corporation for damages incurred when a town vehicle struck a utility pole on Wildwood Avenue. Ayes: All Noes: None Motion Carried |
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10. Comptroller re Creation of Senior Clerk Typist position |
Motion by Councilman Clarke, seconded by Councilwoman Meegan, to table this item until the end of the meeting. Ayes: All Noes: None Motion Carried |
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11. Comptroller re Appointment of Jodie Wysocki as Senior Clerk Typist |
Motion by Councilman Clarke, seconded by Councilwoman Meegan, to table this item until the end of the meeting. Ayes: All Noes: None Motion Carried |
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12. Recreation Director re Appointment of seasonal part-time employees |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of the following part-time permanent employees to part-time seasonal effective June 1 – September 30, 2010: |
Lifeguard @ $7.50 per hour
Megan Bridge Christopher Davis
Caitlin Lanigan Nathaniel Osmond
Lanie Simon
and further, appoint the individuals on the attached list as part-time seasonal employees effective June 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
*APPENDICES*
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13. Recreation Director re Status change for Daniel Walsh to part-time seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Daniel Walsh from permanent part-time to part-time seasonal effective May 10 – September 30, 2010 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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14. Director of Senior Services re Status change for Marirose Bless to part-time seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Food Service Helper Marirose Bless to part-time seasonal effective May 3 – June 30, 2010 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. Town Clerk re attendance at NYALGRO School |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize costs for Town Clerk Patricia DePasquale to attend the New York Association of Local Government Records Officers annual school June 13-15, 2010 in Rochester, New York, at a cost not to exceed $525. Ayes: All Noes: None Motion Carried |
8-D REPORTS
· Robert J. Pinnavaia, Code Enforcement Officers’ report for April 2010 received and filed.
ISSUES OF THE PUBLIC
POSTING OF JOBS
Karen Lucachick, Greenmeadow Drive, questioned where the seasonal recreation jobs appointed at this meeting were posted.
Recreation Director Robert Walsh stated the positions appointed were returning personnel.
Councilwoman Meegan stated the Town Board has provided Mr. Walsh with numerous new applications on a weekly basis so that young adults going off to school can earn some book money.
ISSUES OF THE PUBLIC
SPECIAL MEETING NOTIFICATION
Karen Lucachick, Greenmeadow Drive, referred to the special meeting held on May 7, 2010 and did not believe a three-day notification was provided.
Town Attorney Shawn Martin stated that was an emergency meeting called by the Town Board and it was done in full compliance with State law. Mr. Martin spoke with the Buffalo News reporter on Wednesday and requested the notice of meeting be published as soon as possible. The notice was also posted on the bulletin board outside the Town Clerk’s office and he also requested it be posted on the sign in front of Town Hall.
TOWN HALL COMPLEX BACK FLOW DEVICE
Karen Lucachick, Greenmeadow Drive, asked if the back flow device purchased for Town Hall would alleviate the problems in the Police Department.
Town Engineer George Montz responded that the back flow prevention device is a public health requirement and is built into the existing 6-inch watermain that comes into the Town Hall complex. It is designed to prevent any flow going back from the complex into the public watermain along Union Road.
PROBLEMS WITH SEWER #13
Karen Lucachick, Greenmeadow Drive, referred to various subdivisions, including Camelot Square, Seneca Pointe, the houses near Allendale School, Princeton Estates, and the proposed Houghton College site and stated that according to Town Engineer George Montz there are no problems with this sewer district. She resides in Sewer District #13 and has no problems, but her property sits high enough. Mrs. Lucachick felt the Town Board should speak with other residents in Fisher Court and at the end of Orchard Park Road before they vote on additional expansions to Sewer District #13.
AMERICORPS ISSUES
Karen Lucachick, Greenmeadow Drive, asked Comptroller Robert Bielecki for an update on any payments made to the town by AmeriCorps.
Mr. Bielecki responded that no payments had been received.
ISSUES OF THE PUBLIC
PRINCESS LANE SEWER ISSUE
Dan Pielmeier, Princess Lane, stated that as of April 8th his basement was flooded with over a foot of raw sewage due to all the water from the roadway going into the manhole directly in front of his house. The Engineering Department came out and stated there was a huge issue with the sewer system that is undersized for the development. He was then informed he needed to install a hung sewer which equates to high expenses in addition to the $30,000 loss he already incurred. Every time there is rainfall Mr. Pielmeier has to pump out the basement through the toilet. Two trees were also taken out from in front of his house but now there are large divots with no cones or safety rope. He was informed by Highway Supt. Matthew English that the town is not responsible for sidewalk or driveway approach damages caused by tree roots. The town finally put a cover on the manhole. Mr. Pielmeier submitted 122 photos of damage to his basement. He has three young children at home and his wife is pregnant. They lost a substantial amount of money because of the damage and he is receiving no satisfaction from the town.
Town Engineer George Montz responded that the Sewer Department found no obstructions downstream. It was a very intense storm that night and there may have been a temporary obstruction that cleared itself. Mr. Montz stated it was legal to have the sanitary lateral from a house connected to a manhole. The problem that his department comes across is properties with downstairs facilities such as showers and toilets. When there is a spot surcharging effect, any low entries for water are going to see a backup in the line. Principal Engineer Assistant Gary Bommer had explained to Mr. Pielmeier alternative methods, such as hung plumbing. The sewer lateral work would have to be disconnected and go out at a higher elevation above the floor with a pump hooked up to the laundry drain in order to pump the laundry water up and out.
Mr. Pielmeier stated that this alternative method was very expensive.
Supervisor Piotrowski suggested that Mr. Pielmier meet with the Mr. Montz to discuss this matter in greater detail.
STATUS OF 20 SCHOOL STREET
Amy Carpenter, Woodward Crescent, questioned the status of the individual living in the house on School Street.
Town Attorney Shawn Martin stated the town is continuing to follow up on the situation but there are no new developments. He has made several attempts, albeit unsuccessful, to reach former Youth Director/AmeriCorps Director Mark Lazzara.
Supervisor Piotrowski stated this is a complicated situation involving issues that have existed for over ten years. The Town Board finally resolved a number of ongoing problems, but this issue remains unresolved. They are dealing with consultants and attorneys on both sides in an attempt to resolve this as cost effectively as possible.
STATUS OF SOCCER ASSOCIATION PAYMENTS
Amy Carpenter, Woodward Crescent, inquired if payments are being received from the Soccer Association for the soccer fields.
Supervisor Piotrowski stated the town has been receiving regular payments since the new Board has been in place.
Frank Russo, Parkside Drive, inquired what payments are being received.
Supervisor Piotrowski responded that the town receives registration fees plus additional funding of $35,000 per year to pay off the bond.
Comptroller Robert Bielecki stated the funds are against the bond and not counted as revenue.
ASSESSOR’S OFFICE STUDY
Frank Russo, Parkside Drive, referred to the study performed on the Assessor’s office and questioned where a copy could be obtained.
Councilwoman Meegan informed Mr. Russo that a copy will be available in the Town Clerk’s office on Thursday for review.
COURT SECURITY OFFICERS
Frank Russo, Parkside Drive, referred to the court security officer positions and inquired if funding for those positions comes from the court and why a supervisor at an hourly rate of $17 was necessary in addition to the part time officers at $16 per hour who operate the new court security machine.
Supervisor Piotrowski responded that funding is provided by the court system and the supervisor is in charge of scheduling and obligated to be available in the event one of the other officers calls in sick.
ISSUES OF THE PUBLIC
JASMINE AVENUE WATER ISSUE
Jeff Joy, Jasmine Avenue, stated he is a lifelong resident of West Seneca and a homeowner for 25 years. He has experienced a serious water problem at his residence since he has owned the home. On Thursday night the heavy rain brought a foot of water the length of 12 houses on both sides of Jasmine Avenue. This is a regular occurrence and he has spoken with the Highway Department and Engineering Department in an attempt to resolve the problem. His basement fills with water and there is runoff from the rear of the homes which through the years has deteriorated. There are pumps that are supposed to pump from the end of the street to the creek but they don’t work and the water has no where to go. His sump pump runs continually. His tenant’s car was completely submerged under the water.
Highway Supt. Matthew English stated his department did go to the property and cleaned out the lines. He was under the impression the problem was resolved.
Mr. Joy stated there is over two acres of street that is a foot or more under water.
Supervisor Piotrowski suggested Mr. Joy speak with Town Engineer George Montz.
SUPPORT FOR PEER COUNSELOR POSITIONS
Caitlin Dickey, W. Bihrwood Drive and Haley Zolka, Boncroft Drive, stated their objections to remarks made by Frank Russo at a previous meeting concerning elimination of the Peer Counselors. Mr. Russo suggested these programs be deleted from the town’s budget based on their $100,000 annual cost for the two part-time employees. Mr. Russo noted the school system has a number of programs including DARE and Student Resource Officers, psychologists, and social workers from which the students receive a substantial amount of information. He questioned if the town’s program was necessary and further noted that various town labor contracts were expiring in 2010, 2011 and 2012. They did not agree with Mr. Russo’s comments that there are a number of programs doing the same thing. DARE is given in 6th grade. The Student Resource Officer is not interacted with unless there is a student in trouble. The psychologist’s office is located in their room but that position and the social worker are separate and apart from peer counselors. Their room is also shared with the sports trainer, two psychologists and the nurse. The peer counselor program is a valuable program and should not be targeted. The total of salaries for the peer counselors and YES do not total $100,000.
Supervisor Piotrowski responded that any resident can speak at the microphone during a meeting which does not necessarily mean that the statements made are true. The current Town Board has voted for these projects every year.
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 7:50 P.M. to discuss four legal issues and two personnel matters.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 9:15 P.M.
CREATION OF SENIOR CLERK TYPIST POSITION
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove Item #10 from the table.
Ayes: (2) Councilwoman Meegan, Supervisor Piotrowski
Noes: (1) Councilman Clarke Motion Carried
Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to create the position of Senior Clerk Typist and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this is a reclassification of a previous position and was budgeted in the Comptroller’s line item 1.1315.0139.
Ayes: (2) Councilwoman Meegan, Supervisor Piotrowski
Noes: (1) Councilman Clarke Motion Carried
APPOINTMENT OF JODIE WYSOCKI AS SENIOR CLERK TYPIST
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove Item #11 from the table.
Ayes: (2) Councilwoman Meegan, Supervisor Piotrowski
Noes: (1) Councilman Clarke Motion Carried
Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to appoint Jodie Wysocki as Senior Clerk Typist, Group 3, Step 1, effective May 18, 2010 at an annual salary of $36,576.56 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this is a provisional temporary appointment from May 18, 2010 until June 7, 2010; and further noting that Mrs. Wysocki was number one on the Senior Clerk Typist list in West Seneca and has worked for the town since 2002. She has worked in the Comptroller’s office since January, has the ability to learn and work independently, and will continue to be a great asset to the Comptroller’s office.
On the question, Councilwoman Meegan stated that the town does not have a Human Resources Department and Mrs. Wysocki has assumed these duties. This is an opportunity for the town to have a competent person in charge of the HR Department duties who will work diligently with all the town employees. A large portion of her salary is reimbursed under the RDS program.
Ayes: (2) Councilwoman Meegan, Supervisor Piotrowski
Noes: (1) Councilman Clarke Motion Carried
ADJOURNMENT
Motion by Councilwoman Meegan, seconded by Councilman Clarke, to adjourn the meeting at 9:25 P.M.
Ayes: All Noes: None Motion Carried
PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK