Town Board Minutes 11/01/2010

WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 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.
 
16-A MINUTES TO BE APPROVED
 
·        Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-15 of October 18, 2010.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
·        Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the October 4, 2010, October 19, 2010 and October 25, 2010 special meetings.
 
Ayes: All                                     Noes: None                                 Motion Carried
 
·        Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the October 21, 2010 public hearing on the 2011 Special Districts & Preliminary Budget.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
16-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 CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 86 SENECA CREEK ROAD, BEING PART OF LOT NO. 105, CHANGING ITS CLASSIFICATION FROM R-50 TO R-50(S), FOR CEMETERY USE” in the Town of West Seneca, be received and filed.   (St. John’s Lutheran Church)
 
          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
 
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 2010
                                                                                          Page two . . .
 
16-B LEGAL NOTICES
 
1.         (continued)
 
          Supervisor Piotrowski read the recommendation of the Planning Board: “At its September 9, 2010 meeting, the Planning Board recommended approval of the request for a special permit for property located at 86 Seneca Creek Road, being part of Lot No. 105, changing its classification from R-50 to R-50(S), for converting vacant land to cemetery use. The Planning Board also recommended a negative declaration with regard to SEQR for this project.”
 
          The petitioner was not present and there were no comments 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 issue a SEQR negative declaration for St. John’s Lutheran Church project at 86 Seneca Creek Road.
 
          Ayes: All                                    Noes: None                                 Motion Carried
 
          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a special permit for property located at 86 Seneca Creek Road, being part of Lot No. 105, changing its classification from R-50 to R-50(S), for converting vacant land to cemetery use.
 
          Ayes: All                                     Noes: None                                 Motion Carried
                                                                                                              *APPENDICES*
         
2.         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW #3 OF THE YEAR 2010 TO ESTABLISH THE TOWN OF WEST SENECA RECREATION COMMISSION” 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 table the public hearing until January 2011.
 
 
 
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 2010
                                                                                          Page three . . .
 
 
16-B LEGAL NOTICES
 
2.         (continued)
 
          On the question, Supervisor Piotrowski stated that a work session was held earlier today to obtain public input on the proposal to establish a recreation commission. Another work session is being scheduled for December 20, 2010 at 6:30 P.M. for further discussion on this issue.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
   3.    Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed.                                                                                                                                (D.R. Chamberlain Corp.)
 
   4.    Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTIONS, SUBJECT TO PERMISSIVE REFERENDUM, TO PROVIDE FINANCING AS FOLLOWS: 1) TO CONSTRUCT HIGHWAY IMPROVEMENTS TO MULTIPLE ROADS AND INTERSECTIONS WITH AN ESTIMATED TOTAL AGGREGATE COST OF $4,030,000; 2) TO PURCHASE CERTAIN ITEMS OF EQUIPMENT AND/OR VEHICLES WITH AN ESTIMATED TOTAL AGGREGATE COST OF $90,000; 3) TO REPLACE AND INSTALL TRAFFIC SIGNAL EQUIPMENT WITH AN ESTIMATED MAXIMUM TOTAL AGGREGATE COST OF $100,000; 4) TO PURCHASE CERTAIN EQUIPMENT WITH AN ESTIMATED MAXIMUM TOTAL AGGREGATE COST OF $45,000; 5) TO PURCHASE A HIGHWAY TRUCK WITH AN ESTIMATED MAXIMUM TOTAL AGGREGATE COST OF $145,000; 6) TO PURCHASE MOWING EQUIMENT WITH AN ESTIMATED TOTAL MAXIMUM AGGREGATE COST OF $80,000; 7) TO RESURFACE ATHLETIC COURTS WITH AN ESTIMATED MAXIMUM TOTAL AGGREGATE COST OF $150,000; 8) TO FINANCE IMPROVEMENTS TO THE TOWN’S ICE SKATING RINK BUILDING WITH AN ESTIMATED MAXIMUM TOTAL AGGREGATE COST OF $50,000; 9) TO PURCHASE HIGHWAY EQUIPMENT WITH AN ESTIMATED MAXIMUM TOTAL AGGREGATE COST OF $37,000” in the Town of West Seneca, received and filed.
 
   5.    Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, TO PROVIDE FINANCING TO PURCHASE AND INSTALL BACK FLOW PREVENTION EQUIPMENT WITH AN ESTIMATED MAXIMUM TOTAL AGGREGATE COST OF $70,000” in the Town of West Seneca, received and filed.
 
 
 
 
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 2010
                                                                                          Page four . . .
 
16-C COMMUNICATIONS
 

1.     Supervisor Piotrowski re Retirement of Robert Walsh, Linda Boldt, & Carol Rebl
 
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:
 
Robert Walsh
Linda Boldt
Carol Rebl
 
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                 Noes: None             Motion Carried
 
2.     Supervisor Piotrowski re Variety Club Santa Parade
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of the Variety Club of WNY to hold a Santa Parade on Saturday, December 4, 2010 beginning at 10:00 A.M. with assembly behind Town Hall and ending at Southgate Plaza.
 
Ayes: All                 Noes: None             Motion Carried
       
3.     Town Attorney re Budgetary transfer request
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the following budgetary transfer requests: $72.92 from Acct. #1.1420.0400 Attorney Office Supplies to 1.1420.0215 Attorney Office Equipment; $300 from Acct. #1.1420.0400 Attorney Office Supplies to Acct. #1.1420.0448 Attorney Print Lit. Other.
 
Ayes: All                 Noes: None             Motion Carried
 
4.     Town Engineer re Purchases requiring Town Board approval
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2525 to Emergency Power Systems, LLC for preventive maintenance on generators and $6906 to Siewert Equipment for preventive maintenance at pump station.
 
Ayes: All                 Noes: None             Motion Carried

 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 2010
                                                                                          Page five . . .
 
16-C COMMUNICATIONS

 
   5.    Chief Gehen re Purchase of forensic equipment
         
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one (1) Safekeeper Forensic Evidence Drying Cabinet at a cost of $4199 and one (1) Purair 5 series Basic Ductless Fume Hood at a cost of $2499 for a total cost of $6698 from Air Science, 610 Center Road, Fort Myers, Florida 33907, noting that Air Science is the sole source provider of this equipment.
 
Ayes: All                 Noes: None             Motion Carried
 
   6.    Chief Gehen re Budget amendment request
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to increase Revenue Acct. #1.1.4089.4444 Bullet Proof Vests by $4339.20 and increase Expense Acct. #1.3120.0419.4444 Bullet Proof Vests by $4339.20.
 
Ayes: All                 Noes: None             Motion Carried
 
   7.    Chief Gehen re Budget amendment request
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to increase Revenue Acct. #1.1.3490.3333 Forensic Light Source by $14,270 and increase Expense Acct. #1.3120.0419.3333 Forensic Light Source by $14,270.
 
Ayes: All                Noes: None             Motion Carried
 
   8.    Chief Gehen re Purchase requiring Town Board approval
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2100 to Valley Tire Company, Inc. for tires.
 
Ayes: All                Noes: None             Motion Carried
 
  9.    Town Clerk re Public hearing on enactment of new dog ordinance
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to schedule a public hearing for November 15, 2010 at 7:00 P.M. to consider the enactment of a new dog ordinance for the Town of West Seneca.
 
Ayes: All                Noes: None             Motion Carried

 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 2010
                                                                                          Page six . . .
 
16-C COMMUNICATIONS

 
 10.    Youth/Recreation Director re Appointment of Kathleen Kogut as part-time Recreation Attendant
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Kathleen Kogut as part-time permanent Recreation Attendant at a rate of $7.50 per hour effective September 18, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None             Motion Carried
 
 11.    Youth/Recreation Director re Status change for part-time employees to seasonal
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of the employees on the attached list from part-time to part-time seasonal effective October 1, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                 Noes: None             Motion Carried
                                                            *APPENDICES*

 
16-D  REPORTS
 
·        Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of October 27, 2010; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period October 14 – October 27, 2010 received and filed.
 
ISSUES OF THE PUBLIC
 
          SCHOOL STREET PROPERTIES
 
          Amy Carpenter, Woodward Crescent, questioned the status of the $90,000 in HUD funds that was to be used for renovations to the School Street property, and also, whether the Metz home had been turned over to AmeriCorps.
 
          Supervisor Piotrowski responded that the funding was for 20 School Street and the property and HUD funds were transferred to AmeriCorps, so the town had no obligation for the funds. The board members were still undecided on the Metz house.
 
          Councilwoman Meegan asked for the residents’ input on what to do with the Metz house.
 
          Mrs. Carpenter understood there was a mold problem in the Metz house. Supervisor Piotrowski stated that he was not aware of any mold, but Councilwoman Meegan stated that she had seen mold in the Metz house.
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 2010
                                                                                          Page seven . . .
 
ISSUES OF THE PUBLIC
 
          SCHOOL STREET PROPERTIES   (continued)
 
          Paula Minklei, Orchard Park Road, commented on the historic significance of the Metz house and did not believe it should be given to AmeriCorps. She suggested that a public hearing be held to receive public input on this issue.
 
          STATUS OF GRANT FUNDS FOR PURCHASE OF GPS SYSTEM
 
          Amy Carpenter, Woodward Crescent, questioned the status of $50,000 in grant funds from Senator Stachowski for a gps system for town vehicles.
 
          Supervisor Piotrowski responded that the town had the funds but had not yet made a purchase. They hoped to be going forward with this shortly.
 
          LED SIGNS
 
          Karen Lucachick, Greenmeadow Drive, referred to the July 19, 2010 Town Board meeting and Code Enforcement Officer Robert Pinnavaia’s comment about LED signs in town. She questioned if Mr. Pinnavaia had made any recommendation on the Town Board’s approval of these signs.
 
          Supervisor Piotrowski stated that Mr. Pinnavaia had recommended a 30 second time frame that the LED signs should remain posted.
 
          Mrs. Lucachick hoped the Town Board would consider limiting the number of LED signs and did not want to see the roads with a row of flashing signs on them. She understood other towns had ceased allowing LED signs and some have not allowed them at all.
 
          STATUS OF AMERICORPS DEBT
 
          Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt.
 
          Comptroller Robert Bielecki responded that nothing was received since September 24th.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
         
          2011 HISTORICAL CALENDAR
 
          Town Clerk Patricia DePasquale announced that the 2011 Historical Calendar was finished and will be available for purchase this week. The 2011 calendar is dedicated to the veterans and men and women in the military from West Seneca.
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2010-16
West Seneca, NY 14224                                                            November 1, 2010
                                                                                          Page eight . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          WINTER PARKING BAN
 
          Chief Gehen reminded everyone that the winter parking ban goes into effect November 15th and parking on streets is prohibited between 1 A.M. and 7 A.M.
 
          NIXLE ALERT SYSTEM
 
          Chief Gehen announced an alert system available to town residents that utilizes the social network “Nixle” to send out e-mail/text messages on crime trends, accidents, etc. The service is free and residents can sign up at www.nixle.com. Personal information is kept confidential.
 
          VETERANS DAY CEREMONY
 
          Councilwoman Meegan noted that the West Seneca Veterans Committee invites everyone to attend the Veterans Day ceremony on Thursday, November 11th, at 11 A.M. Assembly will take place at American Legion Post 735 on Legion Parkway where they will proceed to the veterans monument in front of the library. They will also be dedicating Centennial Park and renaming it Veterans Memorial Park. Festivities include an air force flyover and music by the Town Band and East Middle School choir.
 
          GROUP HOMES ON SENECA STREET AND BULLIS ROAD
 
          Councilman Clarke referred to the group homes being built on Seneca Street and Bullis Road and stated that he had received inquiries from residents of the area that were concerned there may be pedophiles housed there.
 
          Supervisor Piotrowski understood the group homes will be used to relocate residents that were living at the state school complex on East & West Road.
 
          Town Attorney Shawn Martin stated that he will contact state representatives to find out if their plan is to house pedophiles at this location.
 
          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