Town Board Minutes 12/06/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-18
West Seneca, NY 14224 December 6, 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 Calvin Bommer & Jack Sweeney.
18-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-17 of November 15, 2010.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the November 23, 2010 special meeting.
Ayes: All Noes: None Motion Carried
18-B HELD OVER PUBLIC HEARING
1. Re: “A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW #4 OF THE YEAR 2010 TO ENACT A NEW DOG ORDINANCE” in the Town of West Seneca.
18-C COMMUNICATIONS
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1 - Supervisor Piotrowski re
11. Retirement of George Montz, Ruth Breidenstein, Robert Schultz, William Metzger, James Kittner, Dennis Kester, Stephen Lewandowski, Donald Doctor, Donald Cummins, Carol Rebl & Linda Boldt
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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:
Name Effective Date
George D. Montz 12/28/2010
Ruth E. Breidenstein 12/31/2010
Robert Schultz 12/28/2010
William Metzger 12/28/2010
James Kittner 12/28/2010
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-18
West Seneca, NY 14224 December 6, 2010
Page two . . .
18-C COMMUNICATIONS
1 – 11. (continued)
Dennis Kester 12/28/2010 Stephen Lewandowski 12/28/2010
Donald Doctor 12/27/2010 Donald Cummins 12/28/2010
Carol Rebl 12/28/2010 Linda Boldt 12/28/2010
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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12. Councilwoman Meegan re HITS Foundation fundraiser
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Thomas Kaleta for the town to sponsor the “Kids Kicking For Kids” fundraiser to be held June 25 – 26, 2011 at the West Seneca Soccer Complex.
Ayes: All Noes: None Motion Carried
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13. Town Attorney re W.S. Youth Bureau Memorandum of Agreement
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Robert Walsh, Youth/Recreation Director, to execute the Memorandum of Understanding between the Town of West Seneca Youth Bureau and WNY United Against Alcohol & Drug Abuse, Inc., noting that the county will reimburse the town $3294 upon written proof of satisfaction of services performed by the Youth Bureau.
Ayes: All Noes: None Motion Carried
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14. Town Attorney re Transportation & Escort Services agreement
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the 2011 Transportation and Escort Services Agreement with Erie County to provide transportation services for older residents within the community.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-18
West Seneca, NY 14224 December 6, 2010
Page three . . .
18-C COMMUNICATIONS
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15. Town Attorney re Congregate Dining agreement
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the 2011 Congregate Dining Agreement with Erie County to provide meals and social services to older residents within the community.
Ayes: All Noes: None Motion Carried
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16. Town Engineer re East & West Road Watermain Replacement Project, final acceptance
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve final change order #2 for Sue-Perior Concrete & Paving, Inc., 1500 Union Road, Suite 201, West Seneca, for a net addition of $5528.57 and accept the East & West Road Watermain Replacement Project, Job No. E-0807, at a final contract amount of $423,194.75.
Ayes: All Noes: None Motion Carried
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17. Town Engineer re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2400 to Sunset Concrete Inc. for installation of a concrete pad at the Leydecker Road Pump Station.
Ayes: All Noes: None Motion Carried
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18. Highway Supt. re Budgetary transfer request
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve budgetary transfers as follows:
From:
Traffic Control #1.3310.0443 $500
Cutting & Removing Weeds #2.5140.0149 $2000
To:
Electrical Dept. Supplies #1.3410.0400 $500
General Repairs – PT Laborers #2.5110.0149 $2000
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 December 6, 2010
Page four . . .
18-C COMMUNICATIONS
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19. Highway Supt. re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $3766.17 to Valley Tire for tires.
Ayes: All Noes: None Motion Carried
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20. Chief Gehen re Status change for part-time Public Safety Dispatcher James McCullough to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher James McCullough to part-time seasonal effective December 1 – 31, 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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21. Chief Gehen re Rate increase for part-time Public Safety Dispatcher Diane Nowicki
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a rate increase to Step 2, $11.45 per hour, to part-time Public Safety Dispatcher Diane Nowicki effective April 2, 2010, the date she reached 1400 hours, 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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22. Chief Gehen re Attendance of Detective Bebak at training seminar
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Detective Robert Bebak to attend the Fire Behavior and Arson Awareness & Principles of Fire Investigation training seminar, December 6 – 10, 2010 at the NYS Office of Fire Prevention & Control, Academy of Fire Science in Montour Falls, New York, at a cost not to exceed $401.
Ayes: All Noes: None Motion Carried
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23. Chief Gehen re Budgetary transfer request
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer of $500 from Police Supplies #1.3120.0400 to Juvenile Programs #1.3120.0468.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 December 6, 2010
Page five . . .
18-C COMMUNICATIONS
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24. Chief Gehen re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1706.25 to Synchronet Industries for installation of a new email server.
Ayes: All Noes: None Motion Carried
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25. Town Clerk re Purchase of new computers
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of four (4) new computers for the Town Clerk’s Office from I-Evolve Technology Services, 501 John James Audubon, Suite 201, Amherst, at a total cost of $2491.
Ayes: All Noes: None Motion Carried
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26. Town Clerk re Purchase of Windows based tax collection program
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $12,000 to TSL Co., Inc., 36 Capen Blvd., Buffalo, NY 14214, for the purchase of the Windows based tax collection program and Internet display of tax data program.
Ayes: All Noes: None Motion Carried
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27. Youth/Recreation Director re Budgetary transfer request
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve budgetary transfers as follows:
From:
Salary of PT Laborers #1.7180.0149 $2500
Sports/Recreation Equipment #1.7140.0230 $200
To:
Rec. Dept/Youth Bureau Clerical #1.7140.0139 $2500
Rec. Dept/Youth Bureau Gas #1.7140.0416 $200
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 December 6, 2010
Page six . . .
18-C COMMUNICATIONS
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28. Director of Senior Services re Status change for part-time Clerk Typist Janet Kropczynski to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Clerk Typist Janet Kropczynski to part-time seasonal effective November 15, 2010 through April 15, 2011 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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29. Director of Senior Services re Status change for part-time Van Driver Donald Bebak to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time van driver Donald Bebak to part-time seasonal effective December 1, 2010 through April 30, 2011 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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30. Town Clerk re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4990 to HVAC Helpers, Inc., PO Box 195, Tonawanda, NY 14151, for installation of a cooling/dehumidification unit for the expansion room for the inactive records at the Senior Citizens Center, noting that funds are available under the Local Government Records Management Improvement Fund grant awarded to the Town of West Seneca.
Ayes: All Noes: None Motion Carried
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31. Town Clerk re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2850 to ASR Systems Group, Inc., 126 Metropolitan Park Drive, Liverpool, NY 13088-5342, for the purchase of 18-gauge steel shelving for the expansion room for the inactive records at the Senior Citizens Center, noting that funds are available under the Local Government Records Management Improvement Fund grant awarded to the Town of West Seneca.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-18
West Seneca, NY 14224 December 6, 2010
Page seven . . .
18-C COMMUNICATIONS
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32. Appointment of Evelyn Hicks to Zoning Board of Appeals
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Motion by Councilman Clarke, seconded by Councilwoman Meegan, to appoint Evelyn Hicks, 276 Seneca Creek Road, to the Zoning Board of Appeals for a five year term effective December 7, 2010 through November 23, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Councilman Clarke stated that Evelyn Hicks has been involved with a number of projects in town and will be an asset to the Zoning Board.
Councilwoman Meegan stated that she worked with Evelyn Hicks on the Environmental Commission. She has much compassion, is driven, and wants nothing but the best for West Seneca. Councilwoman Meegan referred to Mrs. Hicks’ involvement in the fight against the proposed ice rink facility on Clinton Street years ago because it was the wrong location. Mrs. Hicks has a great sense of community and will do what is right for the town.
Supervisor Piotrowski commented that the public was not made aware of the vacancy on the Zoning Board and should have been given the opportunity to submit resumes for the position.
Councilman Clarke thanked outgoing Zoning Board member William Bond for his many years of service to the Town of West Seneca.
Ayes: All Noes: None Motion Carried
18-D REPORTS
· Robert J. Pinnavaia, Code Enforcement Officer’s report for November 2010 received and filed.
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of December 1, 2010; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period November 11 – December 1, 2010 received and filed.
ISSUES OF THE PUBLIC
COMMENT ON APPOINTMENT OF EVELYN HICKS TO ZONING BOARD
Karen Lucachick, Greenmeadow Drive, supported the appointment of Evelyn Hicks to the Zoning Board of Appeals and stated that she had never seen a position on the Planning or Zoning Board opened to the general public. Mrs. Lucachick agreed with Councilman Clarke and Councilwoman Meegan that Mrs. Hicks will be an asset to the town.
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West Seneca, NY 14224 December 6, 2010
Page eight . . .
ISSUES OF THE PUBLIC
REAL PROPERTY APPRAISER APPOINTMENT
Karen Lucachick, Greenmeadow Drive, referred to the appointment of a Real Property Appraiser at the previous meeting and stated that the former Real Property Appraiser retired in June 2009. She questioned why that position was not advertised and thought there should be a more open hiring policy for the town.
STATUS OF AMERICORPS DEBT
Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt.
Comptroller Robert Bielecki advised that $8000 was received in November and another $8000 in December, bringing the total for the year to $80,000. The $75,000 debt was still outstanding.
Councilwoman Meegan questioned when the town is supposed to receive the payments from AmeriCorps.
Mr. Bielecki responded that beginning in February 2010 the town was to receive $8000 monthly from AmeriCorps. The $75,000 was past due since June 2010.
Councilwoman Meegan thought it was time to pursue this legally and commented that they have a responsibility to the taxpayers and must do whatever it takes to see that this debt is paid.
Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to commence a lawsuit against AmeriCorps for repayment of their outstanding debt owed to the Town of West Seneca.
Ayes: All Noes: None Motion Carried
CLARIFICATION OF “OUT OF TITLE”
Amy Carpenter, Woodward Crescent, requested an explanation of “out of title” and if there was a maximum time an employee could hold an “out of title” position before they take an exam and pass it.
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West Seneca, NY 14224 December 6, 2010
Page nine . . .
ISSUES OF THE PUBLIC
CLARIFICATION OF “OUT OF TITLE” (continued)
Town Attorney Shawn Martin recited Section 27.1 of the White Collar Contract: “Each employee covered under this contract that is assigned out of title work for a period of three (3) consecutive working days or more shall receive out of title pay for the duration of the assignment in accordance with the following guidelines: a) Each employee who is given a temporary assignment in a higher hourly rated title shall be placed on the same step in the group to which the higher title has been previously designated as the affected employee has achieved in the title he permanently encumbers; b) Each employee covered under this contract that is given a temporary assignment to a title with a lower hourly rate of pay shall continue to be paid the rate of pay he receives for performing the duties in the higher hourly rated title that he permanently encumbers.” Mr. Martin stated that he will check on the timeframe for an employee holding an “out of title” position.
Mrs. Carpenter suggested that the town begin the process of hiring to replace the individuals retiring and call for the exams for those positions.
Councilwoman Meegan stated that there were existing lists for some of the positions and they had already requested the test results for them.
SNOW PLOWING COMPLAINTS
A number of residents from the Winchester area voiced their concerns over the condition of the roads during the recent storm and thought that snow plowing efforts could have been better.
Highway Supt. Matthew English stated that this was a major storm and they started plowing as soon as it began, but the plows could not get through with the amount of snow that fell in a short period of time. They did the best they could with the situation.
Councilman Clarke stated that the Winchester area was hit hard by the storm and the only way to get through the snow was with a high lift. He further stated that any residents with health problems that are unable to get out during a storm should call 9-1-1 and they will find a way to get help to them.
Chief Gehen stated that some areas were hit harder than others and they had several meetings and brought in the Disaster Coordinators to assess the situation and decide what to do. Extra staff was brought in and they had an emergency operations center open to help. Chief Gehen further stated that they will be having a follow up meeting to critique the situation and discuss what they did and what they could do better.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-18
West Seneca, NY 14224 December 6, 2010
Page ten . . .
ISSUES OF THE PUBLIC
SNOW PLOWING COMPLAINTS (continued)
Tim Eberle, Asst. Chief at Winchester Fire Company, noted that the sheriffs brought in prisoners to help out by digging out the fire hydrants in town. Chief Gehen stated that the prisoners brought to help were low risk, non violent and not sex offenders.
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 litigation with Town Attorney Shawn Martin, and personnel issues with Comptroller Robert Bielecki, Chief Gehen, and Highway Supt. Matthew English.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 9:05 P.M.
RETIREES THANKED
Highway Supt. Matthew English noted the combined years of service of all the retirees was over 150 years and he thanked them and wished them the best of luck in their retirement.
Town Board members also thanked the retirees for their service and Councilwoman Meegan commended the Highway & Buildings & Grounds Departments for their efforts during the recent storm.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:07 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK