10/25/2010 Town Board Meeting Minutes

 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 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 Charlotte Deveso.
 
15-A MINUTES TO BE APPROVED
 
·        Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-14 of October 4, 2010, subject to the changes to Page 3, Paragraph1, which will be addressed under legal notices.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
·        Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the October 12, 2010 bid opening for a police vehicle.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
15-B  HELD OVER PUBLIC HEARINGS
 
1.    Re: “A REQUEST FOR A REZONING FOR VACANT LAND ON NORTH DRIVE, SOUTH DRIVE & GRANT BLVD., BEING PART OF LOT NOS. 426 & 427, CHANGING ITS CLASSIFICATION FROM R-75 TO R-65, FOR CONSTRUCTION OF AN 75-LOT SINGLE FAMILY HOME SUBDIVISION” in the Town of West Seneca.                                                           (1000 Queens Grant LLC)
 
          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
          Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to adopt the following resolution issuing a negative declaration with regard to SEQR for the proposed 75-lot subdivision:
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page two . . .
 
15-B HELD OVER PUBLIC HEARINGS
 
1.          (continued)
 
          Whereas, the Town of West Seneca received a request from 1000 Queens Grant LLC to rezone a 34-acre site located at the eastern end of South Drive and Grant Boulevard from R-75 to R-65 for development of a 75-lot residential subdivision; and
 
          Whereas, on October 4, 2010 the West Seneca Town Board held a public hearing to gather comments for consideration with respect to granting the rezoning request; and
 
          Whereas, the West Seneca Town Board, in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law, established itself as lead agency and has reviewed this action in conjunction with all supporting documentation and comments; and
 
          Whereas, based upon this review, it has been determined that this project will not adversely affect the natural resources of the state and/or the health, safety and welfare of the public and is consistent with social and economic considerations; now, therefore, be it
 
          Resolved, that the West Seneca Town Board has determined that the proposed action is not anticipated to result in any significant negative impacts on the environment and that a negative declaration, as attached, is hereby issued; and be it further
 
          Resolved, that the Town Supervisor is authorized to sign the environmental assessment form and the Town Clerk is authorized to undertake appropriate mailings and notifications.
 
          Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
 
          Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to adopt the attached resolution approving the request for a rezoning for vacant land on North Drive, South Drive & Grant Blvd., being part of Lot Nos. 426 & 427, changing its classification from R-75 to R-65, for construction of a 75-lot single family home subdivision, with the following stipulations: 1) no further subdivision of the property shall be requested nor allowed; 2) the 24-inch storm sewer along S Fisher Road shall be removed and replaced as per prior approval of this project; 3) a homeowner’s association shall be formed to provide for repair and maintenance of the common areas and retention ponds at no cost to the town; 4) proper access shall be provided to the detention ponds as part of the final engineering documents; and 5) additional sanitary sewer mitigation shall be provided in the form of 18 house laterals or suitable equivalent.
 
          Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page three . . .
 
15-C LEGAL NOTICES
 
1.          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL PERSONS INTERESTED IN THE USE OF FEDERAL COMMUNITY DEVELOPMENT FUNDS” 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
 
          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 authorize the Supervisor to sign, submit and execute a contract with the Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG:
 
1)     $100,000 for the Belgia Place Road Reconstruction Project and Columbia Parkway Road Reconstruction and Sidewalk Project, to be matched with $728,000 cash funds to be raised from the proceeds of a bond and $92,000 in in-kind services to be provided by the Engineering Department;
2)     $100,000 for the Stephenson Street Drainage Improvement, Road and Sidewalk Reconstruction Project, to be matched with $278,000 cash funds to be raised from the proceeds of a bond and $42,000 in in-kind services to be provided by the Engineering Department.
 
          Ayes: All                                   Noes: None                               Motion Carried
         
2.          Proofs of publication and posting of legal notice: “THAT THE FISCAL AFFAIRS OF THE TOWN OF WEST SENECA FOR THE PERIOD BEGINNING ON JANUARY 1, 2006 AND ENDING ON JANUARY 21, 2010 HAVE BEEN EXAMINED BY THE OFFICE OF THE STATE COMPTROLLER AND THAT THE REPORT OF EXAMINATION PREPARED BY THE OFFICE OF THE STATE COMPTROLLER HAS BEEN FILED IN THE TOWN CLERK’S OFFICE” in the Town of West Seneca, received and filed.
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page four . . .
 
15-C LEGAL NOTICES
 
   3.    Re: “A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 216 ORCHARD PARK ROAD, BEING PART OF LOT NO. 282, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR A NEW VEHICLE STORAGE FACILITY” in the Town of West Seneca.                                                                (D.R. Chamberlain Corp.)
 
          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the following resolution issuing a SEQR negative declaration for the proposed new vehicle storage facility:
 
          Whereas, the Town of West Seneca received a request for a special use permit from D.R. Chamberlain Corp. to construct a paved parking area for new vehicles located at 216 Orchard Park Road to be operated by Ray Laks dealership; and
 
          Whereas, on October 4, 2010 the West Seneca Town Board held a public hearing to gather comments for consideration with respect to granting the rezoning request; and
 
          Whereas, the West Seneca Town Board, in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law, established itself as lead agency and has reviewed this action in conjunction with all supporting documentation and comments; and
 
          Whereas, based upon this review, it has been determined that this project will not adversely affect the natural resources of the state and/or the health, safety and welfare of the public and is consistent with social and economic considerations; now, therefore, be it
 
          Resolved, that the West Seneca Town Board has determined that the proposed action is not anticipated to result in any significant negative impacts on the environment and that a negative declaration, as attached, is hereby issued; and be it further
 
          Resolved, that the Town Supervisor is authorized to sign the environmental assessment form and the Town Clerk is authorized to undertake appropriate mailings and notifications.
 
          Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant the request for a special permit for property located at 216 Orchard Park Road, being part of Lot No. 282, changing its classification from C-2 to C-2(S), for a new vehicle storage facility with the following stipulations: 1) control of lighting; 2) buffering shall be provided for the adjoining properties; 3) sufficient space shall be provided at the rear of the parcel to allow tractor trailers to turn around on site.
 
          Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page five . . .
 
 
15-D COMMUNICATIONS
 

1.    Supervisor Piotrowski re Retirement of P Burch, S Horvath, J Lagana & R Pinnavaia
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the end of the meeting.
 
Ayes: All                Noes: None            Motion Carried
 
2.    Town Engineer re Purchase requiring Town Board approval
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6442.47 to Penn Detroit Diesel – Allison for a new transmission in Truck #550.
 
Ayes: All                Noes: None            Motion Carried
      
3.    Highway Supt. re Appointment of Kerry Painter as part-time laborer in Bldgs. & Grounds
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Kerry Painter as part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective October 18, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
   4.    Highway Supt. re Purchases requiring Town Board approval
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2668.60 to K & S Contractors for drainage frames, grates & pipes and $1733.46 to GST Inc. d/b/a Arena Systems for a goal frame package.
 
Ayes: All                Noes: None            Motion Carried
 
   5.    Chief Gehen re Bid award for police vehicle
         
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the low bid of $12,836 from DeLacy Ford Inc., 3061 Transit Road, Elma, for one new police vehicle.
 
Ayes: All                Noes: None            Motion Carried

 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page six . . .
 
15-D COMMUNICATIONS

 
6.          Chief Gehen re Purchase requiring Town Board approval
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2607.35 to Biel’s Information Technology for microfilming.
 
Ayes: All                Noes: None            Motion Carried
 
   7.    Chief Gehen re Budgetary transfer request
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $2000 from Police Supplies Acct. #1.3120.0400 to Other Expenses Acct. #1.3120.0419.
 
Ayes: All               Noes: None            Motion Carried
 
   8.    Town Justices re Justice Court Assistance Program grant application
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution authorizing the Supervisor to submit and sign the Justice Court Assistance Program grant application in the amount of $28,290 for replacement of courtroom chairs and a label printer, noting that there will be no cost to the town, and authorize Connie Miner & Co., grant consultants, to complete the necessary application and submit to NYS Unified Court System for the purpose of securing this grant.
 
Ayes: All               Noes: None            Motion Carried
                                                          *APPENDICES*
 
  9.    Youth/Recreation Director re Amendment to starting date for Youth Theater employees
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the starting date for the following employees in the Youth Theater Program from October 1, 2010 to September 18, 2010:
 
Courtney Bush
Dolly Goodman
Cameron Kogut
 
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None            Motion Carried

 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                       Page seven . . .
 
15-D COMMUNICATIONS

 
 10.    Senior Citizens Supervisor re Status change for Jim Pjontek to part-time seasonal
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time van driver Jim Pjontek to part-time seasonal effective October 1, 2010 through February 28, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None            Motion Carried
 
 11.    Senior Citizens Supervisor 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 October 1, 2010 through November 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
 12.    Senior Citizens Supervisor re Status change for Carol Kennedy to part-time seasonal
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time food service helper Carol Kennedy to part-time seasonal effective October 15, 2010 through December 15, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None            Motion Carried
 
 13.    Recreation/Youth Director re Petty cash fund
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to establish a petty cash fund in the amount of $200 as a custodial account for the Town of West Seneca Burchfield Nature & Art Center.
 
Ayes: All               Noes: None            Motion Carried
 
 14.    Supervisor Piotrowski re Renewal of contract with grant consultant
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to sign a renewal contract with Connie D. Miner & Company, grant consultants, for a one year period commencing October 1, 2010 through September 30, 2011.
 
Ayes: All               Noes: None            Motion Carried

WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page eight . . .
 
15-E  REPORTS
 
·        Patricia C. DePasquale, Town Clerk’s report for September 2010 received and filed.
·        Robert J. Pinnavaia, Code Enforcement Officer’s report for September 2010 received and filed.
·        Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of October 14, 2010; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period September 30 – October 13, 2010 received and filed.
 
ISSUES OF THE PUBLIC
 
          STATUS OF METZ HOUSE
 
          Amy Carpenter, Woodward Crescent, questioned the status of the Metz House. She assumed that AmeriCorps was responsible for the previous tenant and hoped it was being taken care of. Mrs. Carpenter further commented that it would be a sin to let anyone get away with what has been happening over the past years at the taxpayers’ expense.
 
          Councilwoman Meegan responded that the tenant was removed two weeks ago and she will be meeting with Bldgs & Grounds Supt. Steve Amoia and Highway Supt. Matthew English to have a town truck brought in to clean out the garbage left in the house and garage. The locks will then be changed and the Bldgs & Grounds Department can use the garage to house things. Councilwoman Meegan assured Mrs. Carpenter that the entire Town Board was doing their best to make sure those responsible are held accountable.
 
          Karen Lucachick, Greenmeadow Drive, questioned if the town received rent from the Metz House and Councilwoman Meegan advised that the town did not receive any rent from it.
 
          STATUS OF AMERICORPS DEBT
 
          Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt.
 
          Comptroller Robert Bielecki responded that $8000 for October was still outstanding along with the $75,000 debt.
 
          Supervisor Piotrowski stated that the Town Board was pursuing payment of this debt and their efforts will be evident over time.
 
          Mrs. Lucachick commented that if the current Town Board had not gotten Mark Lazzara out of West Seneca he would still be continuing the credit card abuse and everything else he was allowed to do. She questioned if there was any recourse on the previous Town Board and their inactions.
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page nine . . .
 
ISSUES OF THE PUBLIC
 
          STATUS OF AMERICORPS DEBT   (continued)
 
          Town Attorney Shawn Martin advised that the public has the right to remove public officials at every election if they are unhappy with the way they performed their jobs.
 
          Beverly Leising, Harlem Road, referred to the West Seneca Bee article on the AmeriCorps and credit card abuse under the previous administration and questioned who approves purchases and how it could have happened.
 
          Councilwoman Meegan stated that the prior administration allowed purchases to go undocumented. The current administration reviewed the charges and asked for supporting documentation for cash advances and purchases and they are doing everything possible on this issue. Councilwoman Meegan suggested that the residents write letters to District Attorney Sedita demanding an investigation.
 
          Ms. Leising noted that the news article said the town has a copy of all the documentation and she questioned if that was true.
 
          Supervisor Piotrowski stated that they felt they had enough documentation to prosecute, but Mr. Sedita did not want to. He also suggested the residents write Mr. Sedita and thought public pressure might make him change his mind.
 
          Johanna Guenther, Neubauer Court, commented that it was interesting Mr. Sedita did not find anything wrong with what went on with the AmeriCorps. She thought there was definitely something wrong and that someone higher up was protecting Mark Lazzara, former Supervisor Paul Clark, and the former Town Board.
 
          HOUGHTON COLLEGE SITE PROJECT
 
          Arlene Vogt, 800 Union Road, questioned what was in the packets Bryan Young gave the Planning Board members at the meeting concerning Houghton College. She further questioned if Attorney Ralph Lorigo had filed an Article 78 against the town with regard to that project.
 
          Town Attorney Shawn Martin did not know specifically what was in the packets but noted that everything submitted to the Planning Board on behalf of a project becomes part of the original file in the Town Clerk’s office. Nothing had been filed with the Erie County Clerk’s office and nothing was served on the town as of this date.
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2010-15
West Seneca, NY 14224                                                          October 18, 2010
                                                                                      Page ten . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          EXECUTIVE SESSION
 
          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to recess to Executive Session at 8:10 P.M. to discuss personnel issues with the Senior Citizens Director and Code Enforcement Officer, a litigation matter with Town Attorney Shawn Martin, and the state audit with Comptroller Robert Bielecki.
 
          Ayes: None                                Noes: None                               Motion Carried
 
          The Town Board returned from Executive Session at 9:20 P.M.
 
          RETIREMENT OF TOWN EMPLOYEES UNDER EARLY RETIREMENT INCENTIVE
 
          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the following retirements under the early retirement incentive Part A of Chapter 105 of the New York Labor Law effective December 28, 2010:
 
                   Patricia A Burch      Sharon M. Horvath
                   Jeanette Lagana      Robert Pinnavaia
                   Donald Doctor        Gary Bommer
 
          and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
          Ayes: None                                Noes: None                               Motion Carried
 
          WORK SESSION
 
          Supervisor Piotrowski announced a work session scheduled for November 15, 2010 at 6:30 P.M. to review the town’s audited financial statements.
 
          ADJOURNMENT
 
          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:25 P.M.
 
          Ayes: All                                  Noes: None                               Motion Carried
 
                                                                             _______________________________________
 PATRICIA C. DEPASQUALE, RMC/CMC
                                                                    TOWN CLERK