West Seneca Town Board Meeting Minutes 09/22/2008
Supervisor Wallace C. Piotrowski called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance. ROLL CALL: Present -
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
15-B TABLED ITEMS 1. Adoption of Noise Ordinance Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to schedule a Work Session for Monday, October 20, 2008 at 6:30 P.M. to discuss the particulars of the research conducted by Deputy Town Attorney Paul Notaro concerning amendments to the Noise Ordinance.
2. Purchase requiring Town Board approval (Pool car/Building & Plumbing Dept.) Remained on the table. 3. Ice Rink Remediation & Rehabilitation Project Remained on the table. 15-C COMMUNICATIONS Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to hire Connie Miner as Grantwriter for the Town of West Seneca effective October 1, 2008, pursuant to the terms outlined in her letter of September 16, 2008 and subject to the review and approval of Town Attorney Edwin Hunter.
15-C COMMUNICATIONS On the question, Councilman Graber suggested making Councilwoman Bove the contact person for Ms. Miner with the understanding that all information will be shared with the entire Town Board as she receives it. Also, if any board member or department head has any desire or thought of applying for any grant, they will utilize the services of Councilwoman Bove who will be in constant contact with Ms. Miner. Supervisor Piotrowski stated that he did not believe that should displace him from contacting Ms. Miner or having her appear at department head meetings. Councilman Graber wanted Councilwoman Bove to be the contact person. Motion by Councilman Graber, seconded by Councilman Clarke, to amend the previous motion and hire Connie Miner as Grantwriter for the Town of West Seneca effective October 1, 2008, pursuant to the terms outlined in her letter of September 16, 2008 and subject to the review and approval of Town Attorney Edwin Hunter, and noting that the contact person for the Town of West Seneca will be Councilwoman Bove.
1. Supervisor Piotrowski re Bid award for wheelchair accessible van Motion by Councilman Graber, seconded by Supervisor Piotrowski, to award the bid for a wheelchair accessible van to Gorman Enterprises, 391 Bullis Road, Elma, at their low bid of $33,988 and approve a change order in the amount of $1338 in order to comply with seating and height requirements on the current van. On the question, Councilwoman Bove thanked Supervisor Piotrowski’s secretary, Kathy Hauger, for her work on the bid for the wheelchair van.
2. Highway Supt. re Appointment of J. Cellino & W. Szewc as part-time sanitation laborers Motion by Councilman Graber, seconded by Councilwoman Bove, to appoint John Cellino and William Szewc as part-time laborers in the Sanitation Department at a rate of $7.15 per hour effective September 22, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
3. Highway Supt. re Status change for seasonal sanitation laborers to part-time Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time seasonal laborers in the Sanitation Department to part-time effective September 26, 2008:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15-C COMMUNICATIONS 4. Highway Supt. re Appointment of James Galvin as part-time laborer in Bldgs. & Grounds Dept. Motion by Councilwoman Bove, seconded by Councilman Graber, to appoint the following part-time laborers in the Buildings & Grounds Department at a rate of $7.15 per hour effective September 26, 2008 to work at the ice rink: Timothy Eberle and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5. Highway Supt. re Status change for D. Sadowski from seasonal to part-time laborer Motion by Councilman Graber, seconded by Supervisor Piotrowski, to change the status of seasonal part-time laborer David Sadowski to part-time in the Buildings & Grounds Department at a rate of $7.15 per hour effective September 6, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Status change for R. Mingle & H. Schwartz from seasonal to part-time laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of seasonal part-time laborers Rick Mingle and Harold Schwartz to part-time in the Buildings & Grounds Department at a rate of $8.25 per hour effective September 26, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Supervisor Piotrowski questioned if this was a rate increase for these individuals. Highway Supt. Patrick Finnegan advised that this was a rate increase for these employees as they had reached the 5000 hour requirement.
7. Highway Supt. re Status change for J. Brady & S. Steffan from seasonal to part-time laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of seasonal part-time laborers James Brady and Sean Steffan to part-time in the Buildings & Grounds Department at a rate of $7.40 per hour effective September 26, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15-C COMMUNICATIONS 8. Highway Supt. re Status change for T. Ignatowski from part-time to seasonal laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time laborer Thomas Ignatowski to part-time seasonal in the Buildings & Grounds Department at a rate of $7.40 per hour effective September 26, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9. Highway Supt. re Status change for seasonal laborers in Bldgs. & Grounds Dept. to part-time Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time seasonal laborers to part-time in the Buildings & Grounds Department effective September 26, 2008:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10. Highway Supt. re Attendance at fall conference Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Highway Supt. Patrick Finnegan to attend the NYS Association of Town Superintendents of Highways fall conference in Buffalo, NY, at a cost not to exceed $95.
11. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Highway Dept: GST Inc. d/b/a Arena Systems (flooring
at Ice Rink) $10,466.00
12. Chief Gehen re Attendance of Capt. Daley at training course Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Captain Jack Daley to attend a course on Supervising the Operation of a General Criminal Investigations Unit, November 5 – 6, 2008 in Syracuse, New York, at a total cost not to exceed $720.
15-C COMMUNICATIONS 12. (continued)On the question, Supervisor Piotrowski noted that Capt. Daley had indicated last year that he would be retiring this year and he questioned if it was useful to be sending him to this training conference. Chief Gehen advised that Capt. Daley was considering retiring but had changed his mind and had no definite plans to retire. Capt. Daley was supervising the Detective Bureau and the training would be beneficial.
13. Chief Gehen re Bid award for police vehicles Motion by Councilman Graber, seconded by Supervisor Piotrowski, to award the bid for purchase of three police vehicles to DeLacy Ford, 3061 Transit Road, Elma, NY 14059 at their bid of $62,520.00, noting that only one bid was received but DeLacy Ford had been a reliable, competitive, and successful bidder in the past.
14. Chief Gehen re Appointment of Donald Littler as full-time Public Safety Dispatcher Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Donald Littler as temporary full-time Public Safety Dispatcher effective September 27, 2008 and appoint Donald Littler as full-time Public Safety Dispatcher at an annual salary of $41,803.06 effective September 28, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Littler’s appointment is subject to the successful completion of a twenty-six (26) week probationary period commencing from the date of appointment.
15. Chief Gehen re Leave of absence for Michele Leone Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a leave of absence for Clerk Typist Michele Leone for up to one year effective September 29, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Town Clerk re Opposition to shifting vital records to county Motion by Councilman Graber, seconded by Supervisor Piotrowski, to adopt the attached resolution opposing proposed changes to the public health law consolidating local registrars of vital statistics. On the question, Councilwoman Bove commented that the proposal would be a grave inconvenience to the residents of West Seneca. There would be additional fuel and parking costs to go downtown for the records, the cost of a certified copy would be three times the amount charged by the town, and the town would lose the revenue. Councilwoman Bove did not believe there was anything in the proposal that was good for the town.
15-C COMMUNICATIONS 16. (continued) Supervisor Piotrowski thanked Town Clerk Patricia DePasquale for bringing this to the Town Board’s attention and urged town residents to contact their state representatives and oppose the proposed legislation.
*APPENDICES* 17. Town Clerk re Katie’s Place senior housing project – 2880 Transit Road Bryan Young of Young Development stated his proposal to construct a two-story, 53-unit senior housing project at 2880 Transit Road. The project will have two-bedroom and one-bedroom units, a clubhouse, and a lobby. There will be no assisted funding and the age requirement will be 55 years and over. Councilwoman Bove questioned the rent for the units. Mr. Young responded that the rent will start at about $765 for one-bedroom units. Councilwoman Bove referred to comments from Code Enforcement Officer William Czuprynski that the property was split zoned and would have to be rezoned. Also, current bulk area regulations only permitted 31 units based on the size of the property. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to refer this item to the Planning Board for their review and recommendation. On the question, Councilwoman Bove suggested that Mr. Czuprynski’s comments be forwarded to the Planning Board to be considered during their review.
18. Town Justices re Appointment of Michele Leone as Senior Clerk Typist Motion by Councilman Graber, seconded by Councilwoman Bove, to appoint Michele Leone as full-time Senior Clerk Typist in the Justice Court at an annual salary of $35,791.55 effective September 29, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Director of Senior Services re Status change for Food Service Helper M. Bless to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Food Service Helpers Marirose Bless and June Edie to part-time seasonal effective September 22, 2008 through February 15, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15-C COMMUNICATIONS 20. Recreation Director re Appointment of employees for fall/winter programs Motion by Councilman Graber, seconded by Supervisor Piotrowski, to appoint the individuals on the attached list as part-time employees in the fall/winter recreation programs and at the town ice rink October 1, 2008 through May 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. 21. Recreation Director re Appointment of K Kogut & C Kogut as part-time Recreation Attendants
*APPENDICES* Motion by Councilman Graber, seconded by Supervisor Piotrowski, to appoint the following part-time employees to work in the fall/winter recreation programs effective September 21, 2008 through June 14, 2009: Recreation Attendant @ $7.50 per hour Recreation Attendant @ $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15-D REPORTS ISSUES OF THE PUBLIC EMPLOYEE PENSION AND HEALTH BENEFIT COSTS Paula Minklei, Orchard Park Road, commented that it was long past time for the board members to search for a responsible means toward fulfilling pension and health benefits that continued to accumulate. She thought that without the financial resources that would be needed to meet promised escalating benefits, the town would likely have to declare bankruptcy down the road. Mrs. Minklei referred to news accounts over the past few months concerning employees in some local communities that stored up unused vacation and leave time over their careers. They increased the basis of pension benefits through the overtime advantages and walked away with huge severance checks, hefty pensions, and full health care benefits. With these stories and benefit obligations in mind, Mrs. Minklei questioned if the taxpayers would be considered worthy of seeing a list identifying salaries and benefits of each town employee itemized by job title. She also questioned the minimum work time required to become eligible for benefits, what qualified as overtime for town employees, how much vacation and leave time could be accumulated, and how benefits could be renegotiated. The Local Government Efficiency and Competitiveness Report issued by the State Commission in May recommended some changes in state law to require and ramp up minimum contributions from public employees. Mrs. Minklei suggested that everyone encourage state legislative representatives to take a positive stand on the issue and thought it would be a courageous and positive move for the West Seneca Town Board to publicly point out the need for such an amendment to the state law.
. ISSUES OF THE PUBLIC TOWN BOARD DOWNSIZING Karen Lucachick, 61 Greenmeadow Drive, stated that the referendum to downsize the West Seneca Town Board will be on the ballot in November, but she had not seen the proposal and did not know the details of how and when it would be done. In a brief conversation with Kevin Gaughan, he seemed to indicate that it would happen in three to four years, but people she talked to thought it would begin next year. Mrs. Lucachick thought it was important for people in town to have a more definitive answer, and she hoped that Supervisor Piotrowski, as a proponent for the downsizing and as a lawyer, could give her an answer. Supervisor Piotrowski stated that he would be happy to talk to Mrs. Lucachick at his office to discuss this issue. Councilman Graber understood that §81 and §87 of Town Law states that should the people go to the ballot and choose to downsize the next two positions that expire would be the next two positions that attrition out. Therefore, if this law passes in November, the next two positions will be his and Councilwoman Bove. If the Town Board were to initiate the proposition, then they could probably dictate the terms of the proposition. Mrs. Lucachick commented that Councilman Graber and Councilwoman Bove were the only Town Board members that had any history of what had gone on in the town in the past several years. She did not think the new board members had regularly attended Town Board meetings before they were elected and she hated to see the history of what occurred at previous meetings vanish. Mrs. Lucachick stated that if it were not for some citizens that attended board meetings for the last six or seven years, many things would have continued down the wrong path. Joan Russo, Parkside Drive, stated that she spoke directly to Kevin Gaughan and asked him if the downsizing would occur through attrition and he told her it would not. Mr. Gaughan told her that the next two positions to be up for re-election would run for a two year term, and then all four members would run in the same year for two positions. Councilman Graber stated that the issue would be on the ballot in November and it was incumbent upon both sides to get the facts out so the voters could make an informed decision. He noted that there currently was an objection to the petition that was filed by an individual who has been watching over government, and he asked Town Clerk Patricia DePasquale if she knew when this would be dealt with by the Board of Elections. Mrs. DePasquale advised that the Board of Elections had informed her that they would begin to look at the petition following Primary Day. There were other steps that had to be taken by mid-October that would involve Town Attorney Edwin Hunter composing the exact text of the proposition to be on the ballot. Mrs. DePasquale’s obligation was to file a statement of the clear and precise language so that everyone understands what the proposition says and she would work with Mr. Hunter on that. Councilwoman Bove agreed with Mrs. Lucachick and Mrs. Russo that the language was confusing and thought it was interesting that Supervisor Piotrowski was silent on this issue. Virginia Grandoni, 870 Orchard Park Road, asked Mr. Hunter’s opinion on this issue. Mr. Hunter responded that he was not heavily involved in the proposition, but he had read the provision. He had attempted to contact Dennis Ward to discuss the issue but had not talked to him yet. Mr. Hunter stated that he briefly reviewed §81 and §87 of Town Law and he was not sure whether the proposition would be on the November ballot because the petition may not have been filed in sufficient time. If it is on the ballot, he will be involved in drafting the proposition that eventually goes to the voters.
ISSUES OF THE PUBLIC TOWN BOARD DOWNSIZING (continued) Mrs. Grandoni hoped that the proposition would be available in a timely fashion so that voters would have a clear understanding of what they were voting for. Mr. Hunter understood that the next two positions to come up for election would be terminated, and when the following two positions come up for election, the terms would be staggered so that one would be for two years and one for four years. He was not certain how they would decide who was elected for which term. Councilwoman Meegan understood that the candidate with the highest vote would have the four year term. She further commented that the proposition should be explained in detail and published in the W.S. Bee, Pennysaver and Buffalo News. It should be the prerogative of the people, but they had to know what they were voting for. Councilman Graber stated that if the proposition is not on the ballot at the General Election in November, it will be on the ballot in a Special Election and be the only thing people would be going to vote for. In that case, there would be a lot of media attention because the ramifications are very large. STATUS OF REQUESTS FOR PROPOSALS FOR ENERGY SUPPLIER Amy Carpenter, 406 Woodward Crescent, questioned the status of the requests for proposals for an energy supplier for the town. Councilman Graber responded that the requests for proposals were due this date, and unfortunately, only two bids were received. Crown Energy and an unregulated subsidiary of NYSEG submitted proposals and Crown Energy was substantially lower. The Town Board discussed this and agreed to try again and be more aggressive in encouraging more bidders. He thought a decision would be made at the next meeting. STATUS OF DEER PROBLEM IN RESIDENTIAL NEIGHBORHOOD Amy Carpenter, 406 Woodward Crescent, referred to a recent issue brought to the board’s attention concerning a deer problem in a residential neighborhood and she questioned if Chief Gehen or Animal Control had any plan to address this problem. Supervisor Piotrowski responded that he had not received any response on this issue from Chief Gehen or Animal Control. POSTING TOWN POSITIONS ON WEBSITE Amy Carpenter, 406 Woodward Crescent, commented that she still had not seen any available town positions posted on the website. She questioned if the board members intended to make this a policy. Supervisor Piotrowski responded that he would like to, but it was up to the entire Town Board. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PAYMENT FOR PAINT AND SUPPLIES AT ICE RINK Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $1732.03 to Sherwin Williams for paint and supplies for the ice rink rehabilitation.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS GRANTWRITER CONTRACT Town Attorney Edwin Hunter stated that he reviewed the terms of the contract for the Grantwriter and asked to speak briefly with Connie Miner on this issue. Mr. Hunter met with Ms. Miner and upon returning to the meeting noted that they had agreed on a minor revision to the contract. LEASE BUYOUT OF CHEVROLET COBALT Motion by Councilwoman Bove, seconded by Councilman Clarke, to approve the lease buyout of a 2005 Chevrolet Cobalt, VIN #1G1AK52F3575533559 in the amount of $8871.19 to GMAC to be used as a pool car in the Engineering Department.
COMMENTS ON PROPOSED DOWNSIZING OF TOWN BOARD Councilman Clarke commented on the confusion over the proposed downsizing of the Town Board. He hoped the public understood that for the $60,000 they might save if the Town Board is reduced, already within eight months this year they got back a $90,000 grant, saved a $3 million penalty they would have gotten for AmeriCorps, saved $60,000 at the ice rink, and saved an unknown amount for the health insurance. Councilman Clarke did not think that three board members was a good idea and that taxes would go up because of it. Councilman Graber commented that some of the individuals coming to the board meetings for years have complained that the Town Board was not in compliance with the Open Meetings Law. The Open Meetings Law did not allow the board to have a quorum without having it open to the public, and a quorum was a majority of the Town Board speaking on an issue. If the board is reduced to three members, one member could not even call another member on the telephone. Councilman Graber thought they would constantly be in violation of the Open Meetings Law and it would cause a lot of problems. MORTGAGE AGREEMENT FOR 20 SCHOOL STREET Councilman Graber stated that they were attempting to rehabilitate 20 School Street and were able to do all the necessary paperwork to get the project moving forward. The next step of the process was for Supervisor Piotrowski to sign the mortgage over. The County would not go forward with the federal grant until they received this and he questioned why Supervisor Piotrowski had not yet signed the document. Supervisor Piotrowski noted that either Councilman Graber or Councilwoman Bove was in charge of the project and one of them should sign the document. Councilman Graber stated that Tom Dearing from Erie County told him that only the Supervisor could sign the documents and they were on Supervisor Piotrowski’s desk. Supervisor Piotrowski stated that was not what Mr. Dearing had told him and Councilman Graber was in charge of the project. Also, there was no authorization by the Town Board to execute the mortgage agreement and accept the obligation. Motion by Councilman Graber, seconded by Councilwoman Bove, to authorize the Town of West Seneca to enter into a mortgage agreement with the County of Erie for the rehabilitation of 20 School Street and authorize Supervisor Piotrowski to sign the agreement.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TOWN BOARD MEETINGS SCHEDULED Councilwoman Meegan noted the Town Board meetings scheduled for the rest of 2008 as follows:
PUBLIC HEARING SCHEDULED FOR COMMUNITY DEVELOPMENT BLOCK GRANT Motion by Councilwoman Meegan, seconded by Councilman Graber, to schedule a public hearing for Monday, October 6, 2008 at 7:30 P.M. concerning the use of 2008 Community Development Block Grant funds and allow citizens an opportunity to express their community development and housing needs and discuss the possibility of projects that would benefit low to moderate income persons in the Town of West Seneca. On the question, Councilwoman Bove stated that Grantwriter Connie Miner would be working on this grant and she questioned if it would be prepared in time. Ms. Miner stated that the public hearing should be held as soon as possible.
ICE RINK REHABILITATION PROJECT CONTRACT BOOKS Councilwoman Meegan referred to the Ice Rink Rehabilitation Project and questioned if Town Engineer George Montz or Town Attorney Edwin Hunter had received the contract books. Mr. Montz stated that he had not yet received the contract books. Mr. Hunter also stated that he had not received the contract books, but he had written a letter to Mr. Young the other day concerning them. He noted that no bills had been submitted and the town had not yet paid anything. RESOLUTION ON NOTICE OF SUBMISSION OF PROPOSITION Motion by Supervisor Piotrowski to adopt the following resolution on notice of submission of a proposition and hours of voting in an upcoming special election: WHEREAS, on September 3, 2008 the West Seneca Town Clerk received a petition, duly subscribed, authenticated, and with sufficient number of signatures of electors of the town, all in the manner provided by New York State Election Law and New York State Town Law Section 81; and WHEREAS, in accordance with New York State Town Law Section 81, such petition compels this board to cause to be submitted at a special election a proposition on whether to decrease the number of council members from 4 to 2; and WHEREAS, under New York State Town Law Section 82, this board must adopt a resolution at least 20 days before every special town election designating the hours of opening and closing the polls and the place or places of holding the election, and setting forth in full all propositions to be voted upon; now, therefore, be it
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS RESOLUTION ON NOTICE OF SUBMISSION OF PROPOSITION (continued) RESOLVED, 1) The Town of West Seneca shall hold a special town election on Tuesday, November 4, 2008 for the purpose of placing before town voters a proposition on whether to reduce the number of council members from 4 to 2; 2) Such special town election shall take place and coincide with the general election to be held on November 4, 2008 for the election of state and federal offices, with the same hours for opening and closing of polls, 6:00 AM to 9:00 PM, and at the same places of holding the election as selected by the Erie County Board of Elections, all in the Town of West Seneca, New York; 3) The text of the proposition, which shall be designated Proposition 1, shall read: “Should the number of council members on the Town Board of the Town of West Seneca, New York be decreased from four (4) to two (2), such that the West Seneca Town Board shall be comprised of the Supervisor and two (2) council members beginning on January 1, 2012.” The motion was lost due to lack of a second. ADJOURNMENT Motion by Supervisor Piotrowski, seconded by Councilwoman Bove, to adjourn the meeting at 8:25 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |