Board Meeting Minutes 04/05/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-05
West Seneca, NY 14224 April 5, 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.
5-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-04 of March 15, 2010.
Ayes: All Noes: None Motion Carried
5-B LEGAL NOTICES
1. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2266 TRANSIT ROAD, BEING PART OF LOT NO. 227, CHANGING ITS CLASSIFICATION FROM R-60A TO C-2, FOR RETAIL DISPLAY OF PLANTS & SHRUBS” in the Town of West Seneca, received and filed. (Jay A. Pohlman, Esq.)
5-C COMMUNICATIONS
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1. Supervisor Piotrowski re Appointment of Matthew English as Dog Control Officer |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Matthew English as Dog Control Officer without remuneration effective April 6, 2010 in accordance with the requirements of Section 114, Article 7 of the NYS Agriculture & Markets Law. Ayes: All Noes: None Motion Carried |
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2. Supervisor Piotrowski re Southtowns Fitness Center 5K run/2 mile walk |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of the Southtowns Fitness Center to hold their 2nd annual 5K Race for a Cause on April 29, 2010 beginning at 6:30 PM. Ayes: All Noes: None Motion Carried |
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3. Supervisor Piotrowski re Salary adjustment for Natural Disaster Services Coordinator |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjust the salary for Natural Disaster Services Coordinator Michael Kerl to $4193 annually effective January 1, 2010 as set in the 2010 town budget. Ayes: All Noes: None Motion Carried |
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4. Councilwoman Meegan re Crusade Against Impaired Driving softball tournament |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Deanna Russo to hold the annual Crusade Against Impaired Driving, Inc. softball tournament on Saturday, August 14, 2010 at Sunshine Park and waive the town fee of $300 for maintaining the fields. Ayes: All Noes: None Motion Carried |
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5. Town Attorney re Southtowns Umpire Association agreement |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the Southtowns Umpire Agreement for West Seneca “8” Softball, Fast Pitch Softball and Slo Pitch Softball for the 2010 - 2012 seasons, noting that these agreements do not call for payment from the town as the umpire fees are paid by the respective teams and the contract merely sets the price for umpire services. Ayes: All Noes: None Motion Carried |
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6. Town Attorney re Time Warner Cable franchise agreement |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the franchise agreement with Time Warner Cable for continued cable service in the Town of West Seneca. Ayes: All Noes: None Motion Carried |
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7. Town Attorney re Little Loop Football renewal agreement |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute a five (5) year renewal agreement with West Seneca Little Loop Football, Inc. Ayes: All Noes: None Motion Carried |
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8. Town Attorney re Tower lease agreement revision – Upstate Cellular Network d/b/a Verizon Wireless |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the revisions to the tower lease agreement between Upstate Cellular Network d/b/a Verizon Wireless and the Town of West Seneca, noting that the revision allows Verizon Wireless to occupy the 160’ ACL level on the tower rather than the 100’ ACL level. Ayes: All Noes: None Motion Carried |
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9. Town Engineer re Bid date for French Road Reconstruction Project |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of May 10, 2010 at 10 A.M. for receipt of bids on the French Road Reconstruction Project, Job No. F-1001. Ayes: All Noes: None Motion Carried |
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10. Town Engineer re Bid date for Town Hall Complex Backflow Prevention Device Project |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of April 26, 2010 at 10 A.M. for receipt of bids on the Town Hall Complex Backflow Prevention Device Project, Job No. T-1004. Ayes: All Noes: None Motion Carried |
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11. Town Engineer re Purchases requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2144.88 to Fluid Power Service Corporation for repairs to sewer jet and $3512.24 to John L. Peterson for repairs at Ice Rink. Ayes: All Noes: None Motion Carried |
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12. Highway Supt. re Title change for Jonathan Kent to full-time Sanitation Laborer temporary |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item. Ayes: All Noes: None Motion Carried |
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13. Highway Supt. re Attendance at 2010 Highway Superintendents school |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Highway Supt. Matthew English and Foreman Alan Kerner to attend the 2010 School for Highway Superintendents, June 7 – 9, 2010 at Ithaca College, Ithaca, New York, at a cost not to exceed $1300. Ayes: All Noes: None Motion Carried |
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14. Highway Supt. re Bid date for air cooled condenser for Senior Citizen Center basement |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of April 26, 2010 at 10 A.M. for receipt of bids on the purchase of an American made, narrow, seven (7) fanned air cooled condenser to take the place of two cooling towers located in the basement at the Senior Citizens Center. Ayes: All Noes: None Motion Carried |
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15. Highway Supt. re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1970 to Atchur Service for rebuilding hydraulic cylinders. Ayes: All Noes: None Motion Carried |
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16. Chief Gehen re Retirement of Captain Larry Fallon |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Captain Larry Fallon and terminate him effective April 17, 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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17. Chief Gehen re Title change for James Pappaceno to Detective Temporary |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a leave of absence to James Pappaceno as Police Officer effective April 18, 2010 and appoint James Pappaceno as Detective Temporary effective April 18, 2010 at an annual salary of $72,374.73 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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18. Chief Gehen re Appointment of Andrew Oscypala as part-time Public Safety Dispatcher |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Andrew Oscypala as part-time Public Safety Dispatcher at a rate of $10.95 per hour effective April 11, 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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19. Chief Gehen re Attendance of Lt. Szmania & Officers Szymanski & Gibbons at conference |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Lieutenant David Szmania and Police Officers Dan Szymanski and James Gibbons to attend the annual Law Enforcement Traffic Safety Conference, May 3 – 5, 2010, in Syracuse, New York, at a cost not to exceed $960. Ayes: All Noes: None Motion Carried |
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20. Chief Gehen re Purchases requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4120 to AmChar Wholesale for ammunition and $1700 to FM Communications for installation of program in police vehicles. Ayes: All Noes: None Motion Carried |
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21. Comptroller re Lockbox service contract with M & T Bank |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Town Attorney to enter into a contract with M & T Bank as the provider of lockbox services for the town, noting that M & T Bank has successfully met or exceeded all the requirements as stated in the request for proposals. Ayes: All Noes: None Motion Carried |
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22. Comptroller re Budgetary transfer request |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approved the attached budgetary transfer request. Ayes: All Noes: None Motion Carried |
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23. Town Justices re Appointment of part-time Court Security Officers |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item. Ayes: All Noes: None Motion Carried |
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24. Highway Supt. re Title change for William O’Neil |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, as per the agreement dated February 17, 2010, to terminate William O’Neil as Dog Control Officer and appoint William O’Neil as Sanitation Motor Equipment Operator effective March 8, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
5-D REPORTS
· Ruth E. Breidenstein, Receiver of Taxes’ report for March 2010 received and filed.
ISSUES OF THE PUBLIC
HOUGHTON COLLEGE PROJECT
Bruce Vona, East & West Road, submitted a petition with 850 signatures in opposition to the proposed development of the Houghton College site.
Dan Frontera, Union Road, encouraged the Town Board to vote against the project which is in contradiction to the Master Plan and will cause an overload on the fire district’s EMS service and the Police Department. He believed the traffic studies were limited in their overall assessment of traffic. Mr. Frontera cited the problems in New Jersey with building similar senior complexes. New Jersey was currently faced with an inability to fill those apartment complexes and they were now requesting they be rezoned to accommodate lower income apartments. One municipality’s board voted against rezoning and the American Civil Liberties Union brought action against the municipality and won its case in court. Those apartments are now projects and have resulted in the devaluing of property values.
ISSUES OF THE PUBLIC
BURCHFIELD CENTER/AMERICORPS ISSUES
Dixie Blando, Amana Place, referred to a statement made by Supervisor Piotrowski that the Town of West Seneca should not be a landlord and asked if the rent for April was received for the Burchfield Center and if arrangements had been made for a rental agreement.
Supervisor Piotrowski responded that the rental agreement was in place and April’s rent was received. He further suggested that one statement he made about a particular property not be applied to all properties.
Karen Lucachick, Greenmeadow Drive, questioned if the $75000 rent owed by AmeriCorps had been paid, and if not, what the town intended to do about it.
Comptroller Robert Bielecki responded that it had not been paid and they will continue requesting it.
Mrs. Lucachick further questioned if all the outstanding items had been returned to Burchfield, noting that she had talked to members of the Burchfield board and they were not satisfied with what was returned.
Supervisor Piotrowski stated it was his understanding that everything had been returned.
Paula Minklei, Orchard Park Road, referred to the town applying for grants in 1999 to build the Burchfield Nature & Art Center and thanked the Town Board for its efforts in honoring this world renowned artist. She commented on the status of the Metz House and its historical significance and did not believe it should be transferred to an outside group.
Johanna Guenther, Neubauer Court, referred to a recent West Seneca Bee article stating that AmeriCorps still owed the town $2.5 million. She could not understand why the town asked for no interest on the loan and commented that taxes in West Seneca are continually going up while AmeriCorps still owes this money.
ENVIRONMENTAL COMMISSION APPOINTMENTS
Karen Lucachick, Greenmeadow Drive, referred to the recent appointments made to the West Seneca Environmental Commission and questioned if the appointees were interviewed.
Councilwoman Meegan responded that the appointments consisted of individuals who had been members of the environmental commission for many years and were being reappointed.
Mrs. Lucachick suggested that when there is an opening in the future someone living in the town may be interested in applying.
ISSUES OF THE PUBLIC
STATUS OF CODE OF ETHICS
Amy Carpenter, Woodward Crescent, questioned the status of the Code of Ethics.
Town Attorney Shawn Martin responded that the Code of Ethics had just been returned by the Department of State and will now be circulated to all department heads.
MAINTENANCE OF DETENTION PONDS
Amy Carpenter, Woodward Crescent, referred to previous projects in town that involved detention ponds and questioned whose responsibility it was to maintain them.
Supervisor Piotrowski responded that the Highway Department maintains certain detention ponds while others are privately owned and maintained by property owners.
Mrs. Carpenter stated that she had driven by the detention pond on Fisher Road and was concerned that children will find it an attraction in both summer and winter months.
Town Engineer George Montz responded that the Fisher Road detention pond was maintained by the town and the current policy was to not install a fence.
SUGGESTION TO ELIMINATE PEER COUNSELORS
Frank Russo, Parkside Drive, referred to the part-time Peer Counselors and 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.
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 7:30 P.M. to discuss a personnel matter.
Ayes: All Noes: None Motion Carried
The Town Board returned from Executive Session at 8:15 P.M.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SHARED SERVICES AGREEMENT FOR ASSESSOR’S OFFICE
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to direct the Town Attorney to enter into a shared service agreement with the Town of Elma for the Assessor’s Office.
Ayes: All Noes: None Motion Carried
SUMMER HIGHWAY OPERATIONS
Deputy Highway Supt. Robert Schultz noted that the recycling of grass will commence April 12th and the chipper, street sweeping and blacktop operations have begun.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:25 P.M.
Ayes: All Noes: None Motion Carried
PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK