Town Board Minutes

WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 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.
 
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.
 
15-A MINUTES TO BE APPROVED
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-14 of September 12, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
15-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 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
 
         Supervisor Piotrowski stated that the Town of West Seneca is eligible for a federal community development grant under Title 12 of the Housing and Community Development Act of 1974 as amended. The purpose of this hearing is to provide an opportunity for citizens to express community development and housing needs and discuss possible projects that will benefit low and moderate income persons in the town. Town Engineer Richard Henry and Code Enforcement Officer John Gullo had submitted their request for a new elevator for Town Hall.
 
         Beverly Leising, Harwood Road, questioned if funds could be used toward the sewer project for low income people, and if so, suggested that this be included as one of the projects.
 
         Mr. Henry advised that the funds could be used for that purpose and Supervisor Piotrowski stated they would take that into consideration.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page two . . .
 
15-B LEGAL NOTICES
 
1.        (continued)
 
         Amy Carpenter, Woodward Crescent, also thought the funds should be used for the sewer project. She further suggested that if Walmart is not moving forward with their project at the Seneca Street city line, that land be used for a senior housing project.
 
         Councilwoman Meegan agreed that the funds should be used toward the sewer project, especially for the laterals that property owners will be responsible to pay for.
        
         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 execute a contract with the Erie County Community Development Block Grant program for $85,000 for a new elevator at Town Hall.
 
         On the question, Councilwoman Meegan questioned how much money was available.
 
         Mr. Henry responded that typically under the HUD program there is a maximum of $100,000 available in one year and it is typically used for road reconstruction projects.
 
         Councilwoman Meegan stated that the streets and sewers went hand in hand and suggested asking for an additional $50,000 for laterals for the sewer project.
 
         Supervisor Piotrowski stated they have to pay the grantwriter to submit the grant and have to have a specific project that the money will be used for. He further noted they have only received one grant per year for the last ten years.
 
         Councilwoman Meegan thought they should be looking for as much money as possible to ease the burden on the residents of Sewer District 5 & 13. She referred to the proposed 2012 Special Districts budget submitted by Supervisor Piotrowski and noted there was no line item for major repairs in Sewer District 5 and only $500,000 budgeted for Sewer District 13 where there are major issues that need to be addressed. Councilwoman Meegan questioned if the project expenses had been set forth for the police expansion grant and if the elevator could possibly be included in that project.
 
         Chief Gehen stated that with the proposed new generator that will power the entire Town Hall the project expenses will amount to over $350,000 and the grant is for $350,000.
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page three . . .
 
 
15-B LEGAL NOTICES
 
1.    (continued)
 
         Councilwoman Meegan questioned if the current generator was evaluated for repair or replacement.
 
         Chief Gehen responded that Highway Supt. Matthew English and Buildings & Grounds Supt. Steve Amoia looked at the current generator and determined that it is not capable of powering everything in Town Hall.
 
         Supervisor Piotrowski stated that during the department budget meetings Mr. English, Code Enforcement Officer John Gullo, and Chief Gehen all recommended that the generator be replaced because the current one is non-repairable and does not power the entire Town Hall.
 
         Councilwoman Meegan suggested they amend the motion and make the application for $135,000.
 
         Supervisor Piotrowski stated that there would have to be two separate grants for two separate projects and they would need specificity with regard to the second project. The second project cannot benefit any individual homeowner; it would have to benefit the entire street.
 
         Councilwoman Meegan questioned the deadline for submitting the HUD grant application.
 
         Supervisor Piotrowski responded that the deadline is the end of October.
 
         Councilwoman Meegan suggested they move forward with the new elevator project and stated that she will speak with Connie Miner about submitting a second project.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
  
15-C TABLED ITEMS

      
1.    Electronic message board at 250 Lein Road
 
 
 
Remained on the table.

 
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page four . . .
 
15-D COMMUNICATIONS

      
1.    Supervisor Piotrowski re Designation of Halloween                                                      
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to designate Monday, October 31, 2011 between 6:00 P.M and 8:00 P.M. as the official night for trick-or-treat in the Town of West Seneca, noting that residents are asked to please leave their porch lights on to provide lighting and safety for the children and drivers are urged to use extra caution.
 
Ayes: All               Noes: None           Motion Carried
 
 2.   Town Engineer re Halloween Parade
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Southgate Plaza to hold their annual Halloween Parade on Sunday, October 16, 2011 with assembly behind the Town Hall at 11:30 A.M. and the parade starting at 12:00 noon.
 
Ayes: All               Noes: None           Motion Carried
 
   3.    Supervisor Piotrowski re Crop Walk
        
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant the request of the West Seneca Community of Churches to hold their annual Crop Walk on October 23, 2011, 2:00 – 4:00 P.M., on designated streets in the Town of West Seneca.
 
Ayes: All               Noes: None           Motion Carried
 
   4.    Town Attorney re RFP for security cameras
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to request proposals for installation of security cameras at the Burchfield Nature & Art Center and town owned buildings at Harlem Road Park and Sunshine Park with proposals to be received in the Town Clerk’s Office by 2:00 P.M. on November 4, 2011.

 
            On the question, Councilwoman Meegan stated that a change was made to the intent of the original grant application submitted years ago by former Highway Supt. Patrick Finnegan for gps units. The money has been just sitting and Grantwriter Connier Miner was advised to let it go. Councilwoman Meegan spoke with Mrs. Miner in June about going back to the dormitory to have the intended use of the grant changed. New York State has approved changing the intent from gps units to security cameras, and the Highway Department has been added as an additional location.
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page five . . .
 
 
15-D COMMUNICATIONS
 
4.      (continued)
 
         Motion by Councilwoman Meegan, seconded by Councilman Clarke, to amend the motion and request proposals for installation of security cameras at the Burchfield Nature & Art Center, town owned buildings at Harlem Road Park and Sunshine Park, and the Highway Department with proposals to be received in the Town Clerk’s Office by 2:00 P.M. on November 4, 2011.
 
         Ayes: (2) Councilwoman Meegan, Councilman Clarke
 
Noes: (1) Supervisor Piotrowski                                                Motion Carried

 
   5.    Town Attorney re Consent for modifications to Verizon Wireless site on East & West Road
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute a consent for modifications to the Verizon Wireless site on East & West Road, noting that Verizon will be installing a 4-inch and 1½-inch underground conduit on the site for improvements to cellular service.
 
Ayes: All               Noes: None           Motion Carried
 
   6.    Town Engineer re Bid date for 2011 Sanitary & Storm Sewer Repair Project
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of October 14, 2011 at 2:00 P.M. for receipt of bids on the 2011 Sanitary & Storm Sewer Repair Project, Job No. S-1103.
 
Ayes: All               Noes: None           Motion Carried
 
   7.    Chief Gehen re Status change for part-time Public Safety Dispatcher James Kavanaugh to seasonal
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher James Kavanaugh to part-time seasonal effective October 1 - 31, 2011 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 #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page six . . .
 
15-D COMMUNICATIONS

 
   8.    Chief Gehen re Step 3 rate increase for part-time Public Safety Dispatcher Edward Jarka
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a Step 3 rate increase to part-time Public Safety Dispatcher Edward Jarka and set his hourly rate at $11.95 per hour effective August 7, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
   9.    Director of Recreation, Youth & Senior Services re Part-time summer/winter employees
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate the following summer recreation employees effective September 8, 2011:

 
         Brian Bladin                    Caitlin Caruana                Cody Dascomb      Christopher Davis
         Cory Grzechwiak              Laura Kuroski                  Caitlin Lanigan        Victoria Lungo
         Chelsea Marzullo             Matthew Melski               Caitlin Morgante     Nathaniel Osmond   Alex Pavlovic                   Loren Pavlovic                Emily Schutrum      Lanie Simon
         Matthew Skrzypczyk                  Rachel Webber                Alison Webber        Taylor Whalen
         Brittanyann Wolf
 
         and further, appoint Jeremy Bolz, Katlyn Schmidt, Alyssa Perry, Shayley Tomporowski, and Kristen Willman as part-time permanent lifeguards for the winter recreation season and Kelly Hess and Tyler Perna as part-time permanent rink guards and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                                 Noes: None                             Motion Carried

 
 10.   Supervisor Piotrowski re Contract renewal with Connie Miner & Co. grant consultants
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to sign a contract renewal to retain the professional services of Connie D Miner & Co. Grant Consultants for a period of one year commencing October 1, 2011 and ending September 30, 2012.

 
         On the question, Councilman Clarke stated that he just received this item before the meeting and would like a chance to review it before voting.
 
         Motion by Councilman Clarke, seconded by Councilwoman Meegan, to table this item.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page seven . . .
 
15-E REPORTS
 
  • Patricia C DePasquale, Town Clerk’s report for August 2011 received and filed.
  • John A Gullo, Code Enforcement Officer’s report for August 2011 and Plumbing Inspector’s report for August 2011 received and filed.
  • Comptroller Robert J Bielecki, Revenue/expense comparison control report posted as of  September 21, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period September 8 – September 21, 2011 received and filed.
 
ISSUES OF THE PUBLIC
 
         GRANTWRITER CONTRACT RENEWAL
 
         Amy Carpenter, Woodward Crescent, questioned the last item that was tabled by the board.
 
         Supervisor Piotrowski stated that Connie D Miner is the town’s grantwriter and her contract renewal was tabled.
 
         WEBSITE UPDATES
 
         Amy Carpenter, Woodward Crescent, questioned if there is a Zoning Board meeting scheduled for this Wednesday, September 28th, noting that it was not posted on the website.
 
         Code Enforcement Officer John Gullo responded that there is a Zoning Board meeting on September 28th.
 
         Mrs. Carpenter asked that the website be updated to keep the residents informed.
 
         JOINT MEETING SUGGESTED WITH TOWN, ZONING & PLANNING BOARDS
 
         Amy Carpenter, Woodward Crescent, questioned if there will ever be a meeting with the Zoning Board, Planning Board and Town Board to address things like digital electronic signage in town and basic parameters how things should look and feel. She also noted that the Master Plan has not been reviewed in over five years and technically it was time for a new one.
 
         Code Enforcement Officer John Gullo stated that nothing has been discussed but they could try to get everyone together in the new year. Mr. Gullo had contacted other towns with regard to the electronic signs and they are working on a policy.
 
         Johanna Guenther, Neubauer Court, agreed with Mrs. Carpenter about the electronic signs and thought it made the town look cheap. She further referred to the sign at the corner of Union Road and Main Street and noted that it did not have this Town Board meeting posted.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page eight . . .
 
ISSUES OF THE PUBLIC
 
         OPEN MEETINGS LAW
 
         Amy Carpenter, Woodward Crescent, was in favor of the proposal for security cameras but questioned why no one responded to her question about the gps units at the last Town Board meeting. She questioned how this item got on the agenda without prior discussion by the Town Board and encouraged the board members to abide by the Open Meetings Law.
 
         Paula Minklei, Orchard Park Road, agreed with Mrs. Carpenter’s comment and stated she would like to hear more deliberation from the board members. She further stated that the Master Plan needed to be reviewed, and if changes were being made to the Zoning Ordinance the public should be involved.
 
         TRANSFER OF PAPER STREETS
 
         Gerald Kliszak, Union Road, referred to an issue he had with a piece of town property that was transferred illegally by the prior administration to a private citizen. The property was a paper street located between his property and the property owner next to him. Mr. Kliszak wanted to ensure that transfers of this nature do not take place in the future.
 
         Town Attorney Shawn Martin stated that Mr. Kliszak’s lawyer was invited to numerous discussions on this issue. This was an unfortunate situation that occurred many years ago and the town did its best to alleviate the problem for all persons involved, including Mr. Kliszak, but he refused to discuss the matter. Despite that the town did what they could to alleviate the problem and come up with a solution that worked for everyone.
 
         Mr. Kliszak stated that no one invited him. He was at the Planning Board meetings and his lawyer was at the last one where a compromise was made, but Mr. Kliszak stated that the transfer should never have occurred.
 
         Mr. Martin responded that the transfer took place 12 years ago under a previous administration, but a compromise was brought forth this year. The property is very unique in its shape, size and location, and the town did the best they could for everyone involved. Mr. Martin thought that Mr. Kliszak was somewhat satisfied with the compromise.
 
         Mr. Kliszak stated that the compromise was minimum and he still does not have a parking area. He suggested that something be done to avoid this situation in the future.
 
         Mr. Martin stated that paper streets are handled differently than they were under the prior administration.
 
         Mr. Kliszak commented on the parking and questioned if the business located next to him has a certificate of occupancy.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page nine . . .
 
ISSUES OF THE PUBLIC
 
         TRANSFER OF PAPER STREETS (continued)
 
         Code Enforcement Officer John Gullo advised that the business has a temporary certificate of occupancy because of the ongoing situation that lasted over a year. A violation letter was recently sent for a trailer that was parked on the property.
 
         Mr. Kliszak stated that he owned the trailer and it was towed today.
 
         Mr. Gullo stated he did not know who owned the trailer, but it was on the business property so that is who the notice was sent to.
 
         USE OF UNION ROAD ADDRESS BY DEVELOPER
 
         Arlene Vogt, Union Road, referred to her previous request to the Town Board for a solution to the use of her address as an LLC for Young Development and stated that last week someone appeared at her door with a termination order for water and sewer service at her address. The notice was for 810 Union Road but because it said 800 Union Road they came to her house.
 
         Town Attorney Shawn Martin stated that this is not a problem for the Town Board to address. Mrs. Vogt’s dispute is with another private individual that is using her address.
 
         Mrs. Vogt stated that if she had been on vacation her water and sewer might have been shut off and she thought the town should be protecting her from this. Mrs. Vogt was concerned about her house being demolished and asked if something could be done to help her.
 
         Code Enforcement Officer John Gullo stated that the owner of the facility wants to demolish one of the buildings and there is obviously some confusion with the address, but the town cannot change the number they are using. He stated that a demolition permit is required and they will have to submit a property survey indicating which building will be demolished, so there will be no confusion in his department.
 
         Mrs. Vogt was concerned that the water company know they are not supposed to shut off her water and questioned if she had to get a lawyer.
 
         Mr. Gullo did not know how to change the LLC and stated that this is a legal question.
 
         Mrs. Vogt stated that the solution was to have the developer pay $62 and have the address changed and he was requested to do that so there would be no hard feelings. Mrs. Vogt stated that she does not talk to Mr. Young and does not care what he does as long as he doesn’t cut down the trees and abides by the law.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page ten . . .
 
ISSUES OF THE PUBLIC
 
         USE OF UNION ROAD ADDRESS BY DEVELOPER (continued)
 
         Mr. Gullo stated that as far as the Code Enforcement Office is concerned, Mr. Young is abiding by the law. The address he used for the LLC has nothing to do with his department.
 
         Mrs. Vogt questioned if she could have her address changed.
 
         Mr. Gullo thought this might be a solution and suggested that Mrs. Vogt check with the Assessor’s Office and the post office.
 
         Mrs. Vogt thought that Mr. Young intentionally used her address because she opposed his project and she cautioned people about speaking out in opposition to something. She thought it was the town’s responsibility to talk to Mr. Young.
 
         BELGIA PLACE RECONSTRUCTION
 
         Susan Hassinger, Belgia Place, referred to the plans for reconstruction and repaving of her street that included a new cul-de-sac, curbs and sidewalks. She noted there are only six houses on Belgia Place and submitted a petition signed by all the residents stating they are opposed to the installation of a cul-de-sac, curbs and sidewalks. There have been conversations with the Town Engineer and project manager, but their position is that unless the Town Board tells them to do something different the project will go forward. They plan to move a telephone pole and power pole and some of the residents will lose portions of their front lawn and trees for the cul-de-sac. Mrs. Hassinger stated that the street is fine the way it is and they do not need all the embellishments. She asked that the plan be reconsidered and suggested that the grant money be reallocated.
 
         Councilman Clarke stated that he had spoken with Town Engineer Richard Henry and this was being addressed.
 
         Mrs. Hassinger questioned if the project will be done before winter and was concerned that if it could not be totally completed it be delayed until spring.
 
         Mr. Henry stated that they understood the residents’ concerns and the project will be finished before winter.
 
         Councilman Clarke questioned if the pole will be moved and Mr. Henry advised that it will be left as is.
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                            Page eleven . . .
 
ISSUES OF THE PUBLIC
 
         PARKING ON CLINTON STREET FOR CANISIUS ATHLETIC FIELD
 
         David Monolopolus, Lexington Green, referred to a recent event at the Canisius athletic field on Clinton Street and stated that the cars were parked on both sides of the street from Gregor’s Garden Grove to the Deerhead Inn. He noted that this was the only portion of Clinton Street that was not posted for “No Parking” or “No Standing”. There were over 9000 people that attended the football game, people were walking in the street, and emergency vehicles could not travel down the street. Mr. Monolopolus was concerned about safety issues and questioned if parking was allowed in that area. He further commented that Canisius had stated they would not use any town services; however, there were two police cars and five West Seneca police officers at the event.
 
         Chief Gehen responded that there are no signs that regulate parking so they can park legally on both sides of Clinton Street, and it is a state highway so they would have to petition the state highway department to have it changed. He suggested that this be submitted to the Traffic Safety Committee, but noted it is very difficult to get the state to put up signs. Chief Gehen further stated that his department does traffic and pedestrian control at events and Canisius also employees off-duty officers for that purpose.
 
         Councilman Clarke stated that he had eight phone calls the day of that event and along with contacting the police he also checked out the situation. Councilman Clarke agreed that it was a safety issue and did not want to see the town held accountable for the state’s lack of putting up signs. He asked that Town Attorney Shawn Martin send the state a letter on this.
 
         Mr. Martin stated that the Traffic Safety Committee is meeting the second week of October, but they can only make a recommendation to the state.
 
         Councilwoman Meegan agreed that this is a safety issue and further stated that the people trampled over the Clinton Street property owner’s lawns that were newly seeded by the county. She also noted they were looking at a traffic signal at Leydecker Road and Southwestern Blvd. Chief Gehen provided accident data for that location and a 3-month study will be done.
 
         GPS UNITS
 
         Beverly Leising, Harwood Road, referred to the gps units and thought that Highway Supt. Matthew English should have been asking the Town Board members why they were not purchased. She thought it was his responsibility as head of the department to see that anything promised to that department is fulfilled.
 
         Deputy Highway Supt. Alan Kerner stated he will relay this comment to Mr. English.
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page twelve . . .
 
ISSUES OF THE PUBLIC
 
         WASTEFUL SPENDING AT CONFERENCES
 
         Beverly Leising, Harwood Road, referred to some conferences that were recently published in the newspaper and commented on the high cost of coffee and donuts that were served. Although Mrs. Leising was in favor of conferences to educate employees and keep them up-to-date, she suggested that wasteful spending be controlled.
 
         SEWER ISSUES
 
         Beverly Leising, Harwood Road, understood that the sewer issues would be discussed at this meeting and was surprised that Town Engineer Richard Henry did not have a presentation to make. The meeting was advertised in the Sunday paper and she questioned why the topic was not being discussed and if there will be a meeting on this issue.
 
         Supervisor Piotrowski stated that nothing was scheduled and he did not know why it was published. Mr. Henry and Town Attorney Shawn Martin are scheduling a date for the referendum and after that is set they will schedule a public hearing.
 
         Mrs. Leising questioned if there had been any progress on this since the last meeting and if envelopes will be mailed to the residents of Sewer District 5 & 13 asking them to vote.
 
         Mr. Martin stated they had the language for the referendum and agreed on some tentative dates, so they just need to put everything together and finalize it.        Neither he nor Mr. Henry will be sending out literature advertising for or against the referendum.
 
         Mrs. Leising stated she did not expect them to advertise for or against the referendum but thought the meeting should be advertised so the residents could be educated on the issue and know how to vote.
 
         Mr. Martin advised that the public will be informed about the meeting as required by state law, but it does not include mailing a letter to property owners in that sewer district asking them to attend. The town will give as much notice of the meeting as possible including notifying the news media and posting it on the town’s website, but letters will not be sent to each individual property owner.
 
         Mrs. Leising questioned if the residents could post signs advertising the time and location of the meeting and ask the public to attend.
 
Mr. Martin advised that under the right to free speech citizens were able to advertise the meeting as they see fit. There might be a size limitation on the sign.
 
         Mrs. Leising questioned where they would find out the size limitation.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-15
West Seneca, NY 14224                                                    September 26, 2011
                                                                                             Page thirteen . . .
 
ISSUES OF THE PUBLIC
 
         SEWER ISSUES   (continued)
 
         Mr. Martin responded that this information is outlined in the Town Code which is available online or they can contact Code Enforcement Officer John Gullo.
 
         Arlene Vogt, Union Road, stated that during the last meeting on the sewers she stood outside of Wilson Farms in the winter for hours letting people know about the meeting and she will do the same this time.
 
         Johanna Guenther, Neubauer Court, stated that the meeting was advertised in the Buffalo News yesterday and that was why she questioned why it was not on the sign in front of Town Hall.
 
         Greg Alexandrowicz, Center Road, stated he has a sewer problem at his home and questioned if it is located in Sewer District 13 and will be addressed at the meeting.
 
         Mr. Henry stated that he will log this complaint and check to see which sewer district it is located in.
 
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 7:55 P.M. to discuss a litigation matter with Town Attorney Shawn Martin.
 
Ayes: All                                 Noes: None                             Motion Carried
 
The board returned from executive session at 8:20 P.M.     
 
          ADJOURNMENT
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:20 P.M.
 
         Ayes: All                                Noes: None                             Motion Carried
 
 
                                                                        _______________________________________
 PATRICIA C. DEPASQUALE, RMC/CMC
                                                                         TOWN CLERK