Town Board Minutes

 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-08
West Seneca, NY 14224                                                    May 23, 2011
 
 
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 led by Boy Scout Troop 483.
 
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.
 
8-A    MINUTES TO BE APPROVED
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-07 of May 9, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
·     Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the May 16, 2011 bid opening for the Columbia Parkway/Belgia Place Reconstruction Project.
 
          Ayes: All                                 Noes: None                             Motion Carried
 
8-B    COMMUNICATIONS

      
1.         Supervisor Piotrowski re Renewal of Assessor’s agreement with Town of Elma                                                                
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the attached Assessor’s renewal agreement with the Town of Elma.
 
On the question, Councilwoman Meegan stated that Assessor Kandace Wittmeyer would like to speak at a work session to inform the public of the improvements she has made to the Assessor’s Office. She asked that Town Attorney Shawn Martin schedule a work session for 6:30 P.M. on June 6, 2011.
 
Ayes: All               Noes: None           Motion Carried

 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-08
West Seneca, NY 14224                                                    May 23, 2011
                                                                                             Page two . . .
8-B    COMMUNICATIONS

 
 2.   Town Engineer re Bid award for Columbia Parkway/Belgia Place Reconstruction Project
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the bid received from Occhino Corporation for a total base bid amount of $1,081,220.29 and award the contract for the Columbia Parkway/Belgia Place Reconstruction Project to them contingent upon securing final project funding, final attorney approval, execution of a reimbursement agreement with Erie County Water Authority, and execution of an agreement with Erie County.
 
Ayes: All               Noes: None           Motion Carried
 
   3.    Highway Supt. re Bid date for purchase of leaf vacuum
        
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of June 9, 2011 a 10:00 A.M. in the Town Clerk’s office for receipt of bids on the purchase of a new 2011 diesel powered leaf vacuum unit for the Highway Department.
 
Ayes: All               Noes: None           Motion Carried
 
   4.   Highway Supt. re Termination of J Harmon & J Campisi as part-time Sanitation Laborers
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Justin Harmon and James Campisi as part-time seasonal Sanitation Laborers effective May 16, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
   5.   Highway Supt. re Appointment of summer help in Buildings & Grounds Department
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the following as part-time seasonal laborers to work as summer help in the Buildings & Grounds Department at a rate of $7.25 per hour effective May 30 – August 19, 2011:

 
            Austin Boehm         Philip Leone                   Michael Pauly                  Thomas Yochum    
         Andy Breen            Joseph McNamara            John Scanlon                  
         Kelsey Dellaneve    Ethan Murphy                  Tyler Sullivan        
                                   
         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 #2011-08
West Seneca, NY 14224                                                    May 23, 2011
                                                                                             Page three . . .
 
 
8-B    COMMUNICATIONS

 
   6.   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, James Kavanaugh, and Andrew Oscypala to part-time seasonal effective June 1 – 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
  7.   Comptroller re Bond resolution
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the issuance of general obligation bonds of the Town of West Seneca, Erie County, New York, and also authorize the issuance of bond anticipation notes to finance the construction of certain highway improvements to Elmsford Drive, Columbia Parkway and Belgia Place not to exceed $2,300,000.
 
Ayes: All               Noes: None           Motion Carried
                                                     *APPENDICES*
 
   8.   Purchase of brick pavers for Walkway of Freedom
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $14,057.08 to John H. Black Company for brick pavers to be placed on the Walkway of Freedom in Veteran’s Memorial Park.
 
On the question, Councilwoman Meegan noted that the Veteran’s Committee raised money to fund the installation of the Walkway of Freedom which will be located on town property between the library and Town Hall.
 
Ayes: All               Noes: None           Motion Carried

 
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-08
West Seneca, NY 14224                                                    May 23, 2011
                                                                                             Page four . . .
 
8-B    COMMUNICATIONS

 
   9.   Councilwoman Meegan re Agreement with Level 3
 
 
Councilwoman Meegan stated that the town was converting to a cloud based computer system with no capital expense and will continue to have secure data offsite. However, Verizon increased the cost from $1800 to $2800 per month, so Kevin Kelly of IEvolve went back to Level 3 for a price of $2200 per month. Councilwoman Meegan asked if Comptroller Robert Bielecki will need Town Board approval for this.

 
          Mr. Bielecki stated that he would like Town Board approval on this expenditure.
 
         Supervisor Piotrowski stated this was the first he heard of this and suggested tabling it until the next meeting.
 
         Councilwoman Meegan noted that the Town Board had already approved the idea of moving the server but she did not want them to start the agreement with Level 3 without Town Board approval. She agreed to table the item but asked that Supervisor Piotrowski research this so it can be addressed at the next meeting.
 
         Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski to table the agreement with Level 3 until the next Town Board meeting.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
8-C    REPORTS
 
·         Patricia C DePasquale, Town Clerk’s report for April 2011 & Receiver of Taxes’ report as of May 5, 2011 received and filed.
·         Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of May 18, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period May 5 – May 18, 2011 received and filed.
 
ISSUES OF THE PUBLIC
 
          STATUS OF SENECA MALL TAX ASSESSMENT
 
         Amy Carpenter, Woodward Crescent, questioned the status of the Seneca Mall tax assessment.
 
         Town Attorney Shawn Martin advised there was a conference with the court referee. The property owner had some questions and provided information that is being evaluated. It is due back in court on June 9th.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-08
West Seneca, NY 14224                                                    May 23, 2011
                                                                                             Page five . . .
 
ISSUES OF THE PUBLIC
 
          OFFICE SPACE AT BURCHFIELD CENTER
 
         Amy Carpenter, Woodward Crescent, understood that the board members had office space at the Burchfield Center and questioned if this was indicated on the website.
 
         Supervisor Piotrowski responded that the order was in to make those changes.
 
         WEST SENECA DEVELOPMENT CORPORATION
 
         Amy Carpenter referred to a 2009 Town Board meeting when she inquired if anyone was acting as liaison for the town in replacing Mr. Lawrence on the West Seneca Development Corporation WSDC.
 
         Town Attorney Shawn Martin stated that recently the WSDC hired Gerald Hathaway, a former West Seneca school teacher, as director. They meet at least four or five times annually and Mr. Hathaway is very active in participating in events for recruiting business to the town. They are also working on other things to foster development and increase the tax base.
 
         Mrs. Carpenter questioned if the WSDC was an arm of town government and if there were minutes from their meetings posted anywhere.
 
         Mr. Martin responded that he along with Supervisor Piotrowski and Comptroller Robert Bielecki are on the WSDC and minutes are taken. The WSDC is actually an arm of the Chamber of Commerce and is run in conjunction with that office.
 
         Mrs. Carpenter referred to the tax abatements businesses are granted and questioned if there was a limit as to how many tax abatements one town can sustain.
 
         Supervisor Piotrowski stated there is no limit, but Assessor Kandace Wittmeyer will be covering this at the Work Session on June 6th.
 
         Mrs. Carpenter further questioned how many businesses in West Seneca are currently receiving tax abatements.
 
         Councilwoman Meegan stated that currently there are 15 businesses in West Seneca that receive tax abatements.
 
 
 
 
 
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-08
West Seneca, NY 14224                                                    May 23, 2011
                                                                                             Page six . . .
 
 
ISSUES OF THE PUBLIC
 
         PROPERTY MAINTENANCE AT FLATTERY’S
 
         Karen Lucachick, Greenmeadow Drive, referred to her previous request that Flattery’s be told to clean up their property and commented that it is looking better but there could be more improvement.
 
         Code Enforcement Officer John Gullo stated that Flattery’s was sent a final notice last Friday to finish up and he took pictures of everything that needed to be taken care of.
 
         OPEN MEETINGS LAW
 
         Karen Lucachick, Greenmeadow Drive, referred to the May 9th Town Board meeting and the special permit request that was tabled until the end of that meeting following an Executive Session. She questioned the purpose of the Executive Session.
 
         Town Attorney Shawn Martin stated that one item discussed was a litigation matter concerning a tax assessment challenge.
 
         Mrs. Lucachick thought that part of the Executive Session was used to discuss the Waste Management project because when the board members returned they voted on the project with no further discussion, and if so, they violated the Open Meetings Law. Mrs. Lucachick stated that in order to maintain a democratic society, public business is to be performed in an open and public manner and the citizens are to be fully aware and able to observe the performance of the public officials. She referred to an editorial in the Buffalo News that mentioned Robert Freeman, Executive Director of the State Commission on Open Government. The article stated that citizens of a democracy should elect leaders that are committed to democracy, and therefore, committed to the Open Meetings Law.
 
         Councilwoman Meegan stated that the conversations that took place in the Executive Session were legal and did not violate the Open Meetings Law. The only thing she said relative to the Waste Management project was the same concern she expressed during the meeting regarding their participation in a PILOT program and paying taxes and after she further reviewed the documentation her question was answered. Nothing was said by the other board members to convince her to vote for the project and Supervisor Piotrowski and Councilman Clarke did not have an issue with it.
 
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-08
West Seneca, NY 14224                                                    May 23, 2011
                                                                                             Page seven . . .
 
ISSUES OF THE PUBLIC
 
         SUMMER JOBS FOR KIDS
 
         Bill Hanley, Maryon Drive, stated that his son attends West Seneca West and is in the building trades program at Potter Road Boces. Part of the program is to do an internship and his son built furniture at a Buffalo business. When the project ended, they offered Mr. Hanley’s son a summer help position. Mr. Hanley suggested that hiring local kids be encouraged and included as part of the bid specs for road reconstruction projects. The kids could learn how to set storm receivers, install drain tiles, blacktop and concrete installation, etc. The Town Board could set the rules such as prohibiting them from doing anything that might put them in jeopardy. Mr. Hanley further suggested that the committee members from the district where the project is taking place be allowed to choose the kid that will work on a project.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
         SPECIAL TOWN BOARD MEETINGS & WORK SESSIONS SCHEDULED
 
         Supervisor Piotrowski announced that special Town Board meetings will be held on Tuesday, May 31, 2011 at 10:00 A.M. and Friday, June 3, 2011 at 10:00 A.M. to discuss the Police Benevolent Association contract. A work session concerning the sewer districts is also scheduled for June 20, 2011 at 6:00 P.M. and an information session by Town Engineer Richard B. Henry III on Friday, July 8, 2011 at 12:00 P.M. at the West Seneca Senior Citizens Center.
 
          ADJOURNMENT
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 7:25 P.M.
 
         Ayes: All                                Noes: None                             Motion Carried
 
 
 
 
 
                                                                        _______________________________________
 PATRICIA C. DEPASQUALE, RMC/CMC
                                                                         TOWN CLERK