West Seneca Town Board Meeting Minutes 03/02/2009

3-B   LEGAL NOTICES

1.   Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 1175 UNION ROAD, BEING PART OF LOT NOS. 77 & 78, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR DEMOLITION OF THE EXISTING KENTUCKY FRIED CHICKEN RESTAURANT AND CONSTRUCTION OF A NEW 45-SEAT RESTAURANT” in the Town of West Seneca, be received and filed.             (C & S Engineers)

Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.

Supervisor Piotrowski read the recommendation of the Planning Board: “At its February 12, 2009 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 1175 Union Road, being part of Lot Nos. 77 & 78, changing its classification from C-1 to C-2, for demolition of the existing Kentucky Fried Chicken restaurant and construction of a new 45-seat restaurant.”

3-B   LEGAL NOTICES

1.    (continued)

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, C & S Engineers, and the property owner, Mike Treadwell of Treadwell Enterprises. Mr. Treadwell owns 50+ franchises across the country and after acquiring this franchise in July 2008 he also acquired the property at 1175 Union Road that was formerly owned by Benderson Development. Mr. Treadwell then worked on acquiring neighboring parcels to redo the restaurant. The initial proposal to the Planning Board included the rear parcel, but it was determined by the Code Enforcement Office that the rear parcel was zoned R-65 and the neighbors were opposed to having the building parallel to Ebenezer Drive. Mr. Lorigo met with the neighbors and worked with them on their concerns and Mr. Treadwell was able to acquire another parcel along Union Road. The proposal was changed from a 60-seat to a 45-seat restaurant, 2350 sf, that will be constructed along Union Road and not extend into the residential area, and no variances will be required. There will be an entrance on Union Road and another on Ebenezer Drive across from the commercial property, but that entrance will be gated so only delivery vehicles will be able to access the property there and then exit onto Union Road. Mr. Lorigo indicated the location of the drive-thru and pass-thru lane and stated that there will be a substantial buffer along the residential area of Ebenezer Drive. The mechanics of the building including the grease traps will all be state-of-the-art and the microphone for the drive-thru will be placed in a location that will minimize the amount of noise that goes through the neighborhood. Mr. Lorigo further noted that at the last Planning Board meeting the residents spoke in favor of the proposal he was presenting.

Councilwoman Meegan thanked Mr. Lorigo for the work he put into this proposal, for paying attention to the Comprehensive Plan, and the respect that was shown to the neighbors’ concerns and the values of their properties. The new plan also provided more green space along Ebenezer Drive and eliminated almost all traffic on that road. Councilwoman Meegan commented that the new building will be beautiful and a welcome change.

Councilwoman Bove stated that the town had looked at the existing Kentucky Fried Chicken building for a long time and there were times that the Code Enforcement Office had to make them do things like paint the pillars for their sign. The Town Board understood that Union Road was a commercial corridor and they wanted businesses to succeed. They welcomed having something brand new and looked forward to this proposed building. Councilwoman Bove also thanked Mr. Lorigo for taking the time to meet with the residents and discuss the project with them.

Councilman Graber thanked Mr. Treadwell and the residents of Ebenezer Drive for all the compromises they made to bring about the proposed project.

Mr. Lorigo commented that often the residents do not want any change and it is difficult to go into a neighborhood and make changes that the residents will have to live with. He stated that this was a very good give and take situation and will be a good project for the town.

Dixie Blando, Amana Place, stated that the meeting with the neighbors was very good and she appreciated everything the property owner was willing to do. She thought the new building would be an improvement to Union Road and possibly lead other businesses to make improvements.

Maggie Darstein, owner of Morning Glory Art Gallery located at 1197 Union Road, stated that the proposed new building sounded good and she wanted to be a good neighbor, but there was a problem with the location of their driveway and no one was addressing it. Ms. Darstein had requested an easement that would bring safety to her customers and good will between the property owners, but she had not received a satisfactory answer to anything on this matter. It was already difficult for her customers to back out onto Union Road because of the traffic, and with Kentucky Fried Chicken’s driveway located right next to hers it will be even more of a hazard.

3-B   LEGAL NOTICES

1.    (continued)

Mr. Lorigo stated that Ms. Darstein has a garage on the property that is not used and Mr. Treadwell’s contractor offered to take the garage down, which would give her room for a turn around for her customers. He further stated that this was a site plan issue that could be addressed at that point in the process.

Ms. Darstein responded that she was badgered about selling her house, but she refused. Nothing was settled on the driveway issue, and she was told that nothing would be done unless the board insisted.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant the request for a rezoning for property located at 1175 Union Road, being part of Lot Nos. 77 & 78, changing its classification from C-1 to C-2, for demolition of the existing Kentucky Fried Chicken restaurant and construction of a new 45-seat restaurant.

*APPENDICES*

2.   Motion by Councilman Graber, 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 1320 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR CONSTRUCTION OF A TWO-STORY, 51-UNIT APARTMENT BUILDING” in the Town of West Seneca, be received and filed.                (Young Development, LLC)

Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.

Supervisor Piotrowski read the recommendation of the Planning Board: “At its February 12, 2009 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1320 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-1(S), for construction of a two-story, 51-unit apartment building, conditioned upon the following: 1) installation of a driveway around the rear of the building with the width to be determined by the Chief of Reserve Fire Company; 2) installation of a generator; 3) submission of a tree survey; 4) approval of the required variances from the Zoning Board of Appeals.”

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner Young Development LLC and stated that the proposed project was similar to another senior housing project by Mr. Young that was recently approved at the corner of Transit Road and Schultz Road. The project will be constructed on 3.42 acres of land at the corner of Southwestern Blvd. and Crofton Drive. The proposal was for 51 units, one and two bedroom units, in a two-story facility. Each of the units is approximately 600 or 700 sf, substantially smaller than normal apartments that are 900 to 1200 sf. The building will be entirely sprinkled and have other safety features like pull chains in case someone falls. There will be two community rooms, one for exercise and one for residents to use for gatherings. Garbage pickup is in the hallway so residents will not have to go outside to get rid of their garbage. Mr. Lorigo commented on

3-B   LEGAL NOTICES

2.    (continued)

the need for this type of facility and noted that it would not add to the rush hour traffic. The rents will be fair market value with no subsidies or tax breaks. Substantial changes were made to the plan based on discussions at the Planning Board meetings. Two 20 ft. emergency access roadways will be provided to the edges of the building. Parking along Southwestern Blvd. was removed and heavy screening was provided around the dumpster and at the rear of the project. A variance will be required for the location of the dumpster in the front setback, but that was the location preferred by the Planning Board. The entrance on Southwestern Blvd. was removed as requested by the Planning Board and there is now a single entrance to the project on Crofton Drive that was moved so it aligns with the driveway across the street. A generator will be provided for the building to assist the seniors in the event of a power loss. The building footprint was modified to decrease the building length and also move it closer to Southwestern Blvd., thereby allowing for a greater buffer area for the Carla Lane residents. The detention pond was relocated to the southeast corner of the sight and additional drainage features were added, so it will help the drainage situation in the area. A fire hydrant was added to the west side of the proposed building and they agreed to place it wherever the Fire Chief specified. Mr. Lorigo also noted that a variance was again required for the density, but this will always be an issue due to the size of the units, and the Zoning Board recently approved the variance for the Transit Road and Schultz Road project.

Councilwoman Meegan stated that she and some other board members met with one of the Carla Lane residents last week and they had some concerns about the water. She asked for a better explanation of the drainage plan and how it would improve the situation. The resident was also concerned about the beautiful natural fence that acted as a buffer and hoped it would remain.

Mr. Lorigo understood there was a drainage problem in this area and stated that a lot of the drainage was currently going to the rear of the Carla Lane properties. Mr. Young’s proposal will take the water from the rear and bring it to the detention pond where it will then go to Southwestern Blvd. Mr. Lorigo noted that one particular project was not an overall solution because of the way Carla Lane was set up, but the project will not add to the problem and should produce less water. With regard to the natural buffer, Mr. Lorigo stated that Mr. Young owned Seasonal Landscaping and the project will surely be landscaped beautifully as his other projects have been.

Bryan Young of Young Development indicated on the plan the trees that would remain, but noted that they were trying to rectify the drainage and if a tree was in the way it would be removed. The large caliper trees would be saved, but he indicated an entire hedgerow on the plan that will be replaced with 12’ Maples and 8’ White Pines.

Mr. Lorigo stated that in order to take care of the drainage situation, which was a greater problem, some of the existing hedgerow will be taken down. However, there will be new trees spaced accordingly to create a natural buffer for the Carla Lane residents. Mr. Lorigo noted that the building will be approximately 130’ away from the houses on Carla Lane and Mr. Young was very aware of the need for screening.

Councilwoman Bove questioned the snow removal plan for the project and the need for a consistent plan for maintaining the trees.

Mr. Young stated that the parking lot was designed for snow removal and his company will be plowing the parking lot and maintaining the trees. He further noted that this year he did have a high lift remove snow from a number of his properties.

3-B   LEGAL NOTICES

2.    (continued)

Mr. Lorigo stated that the Town Code required 98 parking spaces for this project and the Planning Board asked that they reduce the number because they will not be necessary considering this is senior housing. Some of the parking spaces may be utilized for the snow, but they will not all be utilized anyway. He further commented that when there is a heavy snow there is no solution but to remove it and Mr. Young has a high lift come in and do this at all his properties along Southwestern Blvd.

Councilwoman Bove questioned the cost of the rent for these units and commented that they had to look at the long term possibility that it may not always be seniors renting the apartments.

Mr. Lorigo responded that the units will rent for $870 per month and there will be an age requirement of 55 and older. They are geared to people that are selling their homes because they can no longer maintain them, but they want to live in a protected community with amenities specific to seniors.

Councilwoman Bove understood that the project was currently during the SEQR process and it had not yet been completed.

Mr. Lorigo also understood this was the case, but was surprised because they had been to the Planning Board on two separate occasions. He asked that the Town Board grant approval of the special permit conditioned upon a negative response from the SEQR process.

Councilman Clarke referred to the large pine trees on the left property line and asked if those could be kept if possible.

Mr. Lorigo responded that their intention is always to save whatever trees possible, but Town Engineer George Montz and the drainage plan will ultimately decide which have to be removed.

Councilwoman Bove expressed some concern about Mr. Young’s trend to higher density on the projects he has proposed, and noted that the Town Code called for 29 units for this size parcel and he was proposing 51 units.

Mr. Young responded that the proposed units were half the size of a normal apartment that is 950 to 1200 sf.

Mr. Lorigo commented that the Town Code needed to be amended and it should look at percentage of green space when it refers to density, which is what most towns look at. He referred to Town Codes of other towns that had substantially higher density based on senior projects. Mr. Lorigo stated that the Zoning Board of Appeals was careful about not setting a precedent and reducing density with just any apartment complex. They agreed to reduce density based on the overall square footage of the project.

Thomas McGowan, 129 Carla Lane, was concerned about saving trees and noted that the plan only showed that three of the existing trees will be saved.

Mr. Young responded that there were over ten of caliper size that will be saved.

Mr. McGowan questioned if the number of parking spaces will be less than what is required by the Town Code. He was also concerned about density and questioned if the proposal was still for a two-story building.

3-B    LEGAL NOTICES

2.    (continued)

Mr. Lorigo responded that the Planning Board recommended that parking spaces be eliminated in the front of the project along Southwestern Blvd. to minimize the blacktop and keep more green space, but he understood they still met the Town Code. If not, they would go to the Zoning Board of Appeals for a variance. The proposal was for a two-story building.

Mr. McGowan stated that the first story of the proposed building will be looking in the second story of his home if the proper buffer is not there and the second story of the proposed building will be above everything.

Mr. Lorigo stated the proposed building will be located 130 feet from Mr. McGowan’s window and there were a number of houses that were much closer together than that.

Mr. McGowan noted that the detention pond will be located at the southeast corner of the property, but the land slopes west and north and he questioned how it would be redesigned to accomplish this. He walked the ditch on Southwestern Blvd. and it slopes to the east and runs under Crofton Drive. The slope starts at the Buffalo RV entrance. The other side of the Buffalo RV entrance slopes downhill, which is where all the water from this project is supposed to go. Mr. McGowan stated that Mr. Young will have to redesign the ditch if he wants the water to run from the detention pond to the west.

Mr. Lorigo responded that the project still had to be engineered and they still had to get a few variances from the Zoning Board of Appeals. The only thing that had to be decided at this time was the special use permit.

Mr. McGowan stated that he was totally against the proposed project. The Carla Lane residents have had to put up with a lot of aggravation including Wilson Farms and the gas pumps; Buffalo RV with their 30,000 gallon propane tank next to their back yards, almost 10 acres of pavement producing heat in the summer, and the missing tree buffer; and the other Young Development apartment complex between Wilson Farms and Carla Lane. Mr. McGowan asked that the Town Board deny the project on the grounds that it is intrusive to the residents of Carla Lane and Crofton Drive. After four meetings with the Planning Board there were still problems that were not addressed, and he did not believe the project fit the town’s Master Plan. Mr. McGowan understood the property was zoned commercial and something would be built there eventually, but he thought it should be something less intrusive than this proposed project.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.

Motion by Councilman Graber, seconded by Councilwoman Bove, to table the special permit for property located at 1320 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-1(S), for construction of a two-story, 51-unit apartment building, pending receipt of SEQR documentation.

3.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 506 BULLIS ROAD, BEING PART OF LOT NO. 362, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR OPERATION OF A TOWING FACILITY” in the Town of West Seneca, received and filed.           (Adam Hageman)

3-B   LEGAL NOTICES

4.   Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION FOR CREATION OF A LIGHTING DISTRICT IN PRINCETON ESTATES SUBDIVISION TO BE KNOWN AS ELECTRIC LIGHTING DISTRICT NO. 63” in the Town of West Seneca, received and filed.

5.   Proofs of publication and posting of legal notice: “OF THE ADOPTED AMENDMENT TO THE BOND RESOLUTION OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AUTHORIZING THE ISSUANCE OF UP TO $4,232,400 IN SERIAL BONDS OF THE TOWN TO FINANCE THE COST OF THE PURCHASE OF CERTAIN EQUIPMENT AND VEHICLES, AND CERTAIN RECONSTRUCTION AND REPAVING IMPROVEMENTS” in the Town of West Seneca, received and filed.

3-C   TABLED ITEMS

1.   Moran rezoning request

Remained on the table.

3-D   COMMUNICATIONS

1.   Supervisor Piotrowski re Appointment of Thomas Bausch as Superintendent of Highways

Motion by Councilman Graber, unanimous second, to terminate Matthew English as Motor Equipment Operator in the Highway Department and appoint Matthew English as Highway Superintendent effective March 3, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilman Graber stated that last month Highway Supt. Patrick Finnegan passed away suddenly. The Town Board was forced to make a decision on replacing Mr. Finnegan and in many ways that will never be accomplished. Upon review and discussion by all members of the Town Board, it was decided that Mr. English presented the best opportunity for the town to continue in Mr. Finnegan’s fashion of running the Highway Department efficiently. Councilman Graber noted that Mr. English was hired by the town in 1982 and worked in the Buildings & Grounds Department until 1987, so he is very familiar with the Ice Rink and various parks throughout the town. In 1987, he moved to the Sanitation Department, and then in 1988, to the Highway Department. Councilman Graber stated that Mr. English would be a fine addition to the administration of the Town of West Seneca and he thanked him for accepting the position.

Supervisor Piotrowski thanked Deputy Highway Supt. Thomas Bausch for filling in as Highway Supt. in the interim and stated that he did an excellent job. Supervisor Piotrowski further stated that he looked forward to working with Mr. English, and the other board members agreed.

Town Attorney Edwin Hunter commented on Mr. English’s involvement with the youth in town as a coach and mentor.

Newly appointed Highway Supt. Matthew English thanked Supervisor Piotrowski and the board members for the appointment and stated that he also looked forward to working with them. He further asked that Thomas Bausch be appointed Deputy Highway Supt.

Motion by Councilman Graber, unanimous second, to appoint Thomas Bausch as Deputy Highway Supt. effective March 3, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3-D   COMMUNICATIONS

1.    (continued)

Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant Matthew English a leave of absence from his position as Motor Equipment Operator in the Highway Department effective March 3, 2009 through December 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Councilwoman Meegan re Insurance consultant

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the Town of West Seneca hiring a consultant to review the current Property & Casualty Insurance and Workers’ Compensation.

On the question, Councilwoman Meegan stated that requests for proposals will be obtained for an insurance consultant and there will be an insurance advisory board with a broker selection, making sure it is an admitted carrier, is A-rated, and can meet the town’s needs as a municipality and has the staff to support those needs.

Councilwoman Bove thought an insurance consultant was a good idea and noted that the town spends a lot of money on property and casualty insurance and workman’s compensation so they really need to get the best price possible.

3.   Councilwoman Meegan re Ice Time lease agreement extension

Motion by Councilman Graber, seconded by Councilwoman Meegan, to extend the contract for Ice Time of WNY to the year 2011 based on several specific performance and business factors.

4.   Councilwoman Meegan re Youth Employment Program

Motion by Councilman Graber, seconded by Councilwoman Meegan, to enter into the proposal and agreement for the Summer Youth Employment Program with Erie County Workforce Development Consortium, Inc., noting that there will be no cost to the town for this program.

On the question, Councilwoman Bove noted that the agenda item showed the liability, but did not go into specifics about the employment. She further stated that last year’s program was handled by the AmeriCorps for special needs students. Councilwoman Bove thought the item should be put on hold for further review.

Councilwoman Meegan stated that the town participated in this program last year and it will come back to the board again after they have an opportunity to discuss it with each department. There is employment opportunity in the parks, senior center, and Kiwanis Center. She noted that this program was for students between 14 and 17 years old from East Senior and West Senior with regents diplomas. Councilwoman Meegan stated that the County of Erie has had this program in the Town of West Seneca for over 14 years, but she had no problem tabling it if the board members wanted to review it further.

Motion by Councilman Graber, seconded by Councilwoman Bove, to amend the motion and table this item.

3-D   COMMUNICATIONS

5.   Councilwoman Meegan re Crusade Against Impaired Driving Softball Tournament

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of Deanne Russ, Crusade Against Impaired Driving, Inc., to host a softball tournament on Saturday, August 15, 2009 at Sunshine Park and waive the $280 town fee for maintaining the fields.

6.   Councilwoman Bove re Reappointments to Planning Board

Motion by Councilman Graber, seconded by Councilwoman Meegan, to reappoint the following members to the West Seneca Planning Board:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Supervisor Piotrowski stated that last year a proposal was made to reduce the Planning Board from seven to five members, thereby saving costs. This motion will reappoint two members and maintain the Planning Board at seven members, and Supervisor Piotrowski was opposed to that.

7.   Councilwoman Bove re Part-time title for Youth Program Coordinators

Motion by Councilman Graber, seconded by Councilwoman Bove, to appoint Jolynn Keane and Donna Lepore as part-time Recreation Attendants at an annual stipend of $17000 each and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Supervisor Piotrowski questioned who the Supervisor of these individuals would be and if holding two titles was acceptable with Erie County Personnel.

Councilwoman Bove stated that Youth Director Mark Lazzara will be their Supervisor and holding two titles was acceptable with Erie County Personnel.

Supervisor Piotrowski noted that historically the YES Director was one person at an annual salary of $15,000. He questioned why there would now be two people at a salary of $17,000 each.

Councilwoman Bove stated that the program has grown and the students around West Seneca and the two people that supervise them usually work seven days a week.

Supervisor Piotrowski agreed that this was an excellent program, but he was not in favor of increasing salaries and was looking for ways to decrease costs.

3-D    COMMUNICATIONS

7A.   Councilwoman Bove re Agreement with Labor Management Health Care Fund

Motion by Councilwoman Bove, seconded by Councilman Graber, to authorize the Town of West Seneca to enter into an agreement with the Labor Management Health Care Fund and execute the rate sheets.

On the question, Councilwoman Bove commented on the high cost of health insurance and stated that they had been looking at the Labor Management Health Care Fund for almost a year. In joining this, the town will be part of a 30,000 member coalition going to Blue Cross & Blue Shield looking for prices. The town has worked very closely with the three collective bargaining units, the Blue & White Collar and the P.B.A., to save money for the taxpayers. The cost savings for 2009 will be approximately $357,000 and for 2010 approximately $440,000.

Councilwoman Meegan questioned if this will be submitted to the union members for their vote and Councilwoman Bove advised that it would.

Councilman Graber commended Councilwoman Bove for her work on this issue since last July. It was a difficult negotiation, but they were ultimately able to achieve the savings they were looking for through Councilwoman Bove’s work along with the union officials.

8.   Town Attorney re Revised agreement with NYS Thruway Authority

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the agreement between the Town of West Seneca and the NYS Thruway Authority regarding the provision of sanitary sewer facilities, noting that the written agreement memorializes the transaction that requires the NYS Thruway Authority to pay its appropriate assessment.

9.   Town Attorney re Senior Services Van Contract

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the van contract with the Erie County Department of Senior Services for the year 2009.

10.   Town Attorney re Purchase requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $1973.24 to General Code Publishers for code book updates.

11.   Town Attorney re Hockey Referee Contract

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the West Seneca Hockey Association contract with the town for the year 2009.

3-D   COMMUNICATIONS

12.   Town Attorney re Bid date for collection of recyclable materials

Motion by Councilman Graber, seconded by Councilwoman Meegan, to set a bid date for receipt of bids on the collection of recyclable materials contract, including administration, implementation of source, separation and curbside collection of recyclables.

13.   Town Engineer re Purchase of replacement sewer televising camera

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of a replacement sewer televising camera for $22,754 from Cues, 3600 Rio Vista Avenue, Orlando, FL 32805, which is a sole source supplier of the town’s current sewer televising equipment.

14.   Town Engineer re NYSEG proposal for Princeton Estates Phase I subdivision

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the NYSEG street lighting proposal for an annual increase of $608 for adding twenty-five (25) 70-watt high pressure sodium lights in the Princeton Estates – Phase I Subdivision, Electric Lighting District No. 63.

15.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $6273.41 to Erie County Water Authority for replacement of a hydrant at 202 Mill Road.

16.   Highway Supt. re Military leave of absence for Joseph Steen

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a military leave of absence for Joseph Steen effective March 7 – 21, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.   Highway Supt. re Appointment of E. Paluch & D. Helmbrecht as part-time laborers at Ice Rink

Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Edward Paluch and David Helmbrecht as part-time seasonal laborers in the Buildings & Grounds Department to work at the Ice Rink effective March 3, 2009 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3-D   COMMUNICATIONS

18.   Highway Supt. re Appointment of J. Terry & T. John as laborers in Sanitation Dept.

Motion by Councilman Graber, seconded by Councilwoman Bove, to appoint Jason Terry and Timothy John and John Cellino as laborers in the Sanitation Department effective March 3, 2009 at a rate of $16.95 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.   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 Department:

20.   Chief Gehen re Bid award for purchase of five marked police vehicles

Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for purchase of five (5) marked police vehicles to Delacy Ford, 3061 Transit Road, Elma, NY 14059, at their low bid price of $67,590.

21.   Chief Gehen re Status change for part-time Public Safety Dispatcher D. Koehler to seasonal

Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher Dave Koehler to part-time seasonal effective February 1 – 28, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

22.   Chief Gehen re Resignation of Michael Walsh as part-time Public Safety Dispatcher

Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Michael R. Walsh and terminate him as part-time Public Safety Dispatcher effective February 3, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

23.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $1812.28 to West Seneca Auto & Glass for repair to 2007 Ford Ranger.

3-D   COMMUNICATIONS

24.   Town Clerk re Amusement license for Southgate Plaza

Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant an amusement license to Southgate Plaza Inc. for their annual Spring Carnival to be held May 22 – 25, 2009.

25.   Town Clerk re Transitowne Kia special permit request

Tom Collins, Managing Partner of Transitowne Dodge Chrysler, Jeep of West Seneca, and Russ Christopher, owner of the strip plaza at 3218 & 3224 Transit Road, appeared before the Town Board. Mr. Collins stated that Transitowne was awarded Kia and additional room was needed for a new car showroom for that line of vehicles. There will be no service on the vehicles at this location.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to refer the special permit request of Transitowne Kia to the West Seneca Planning Board for their review.

26.   Town Clerk re Serafini rezoning application fee refund

Motion by Councilwoman Meegan, seconded by Councilman Graber, to table this item and refer it to Town Attorney Edwin Hunter for his review and recommendation.

27.   Town Clerk re Hageman site plan review application fee refund

Motion by Councilwoman Meegan, seconded by Councilman Graber, to table this item and refer it to Town Attorney Edwin Hunter for his review and recommendation.

28.   Comptroller re Purchases requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Comptroller’s Office:

29.   Code Enforcement Officer re Attendance at Building Officials Educational Conference

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Code Enforcement Officer William Czuprynski and Fire Inspector John Gullo to attend the Finger Lakes Building Officials Educational Conference to be held March 16 – 19, 2009 at the RIT Inn and Conference Center, Rochester, New York, at a cost not to exceed $1300.

3-D    COMMUNICATIONS

30.   Code Enforcement Officer re Out of Title pay for Robert Pinnavaia

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize out-of-title pay for Robert Pinnavaia at the hourly rate of the Code Enforcement Officer for the period January 26 – 30, 2009.

31.   Director of Senior Services re Status change for Barbara Brooks to part-time seasonal

Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of Barbara Brooks from part-time to part-time seasonal effective January 5 – March 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

32.   Director of Senior Services re Status change for Carol Kennedy to part-time seasonal

Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Food Service Helper Carol Kennedy to part-time seasonal effective March 2 – May 29, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

33.   Chief Gehen re Attendance at Magloclen conference

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Detective Lt. David Dudziak and Detective Mark McMahon to attend the Magloclen training conference April 6 – 9, 2009 in Indianapolis, Indiana, at a cost not to exceed $850 noting that transportation, tolls, parking, and hotel expenses are reimbursed by the Magloclen organization.

34.   Comptroller re Purchase requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $8472 to KVS Information Systems for annual software support.

35.   Receiver of Taxes re Extension of collection on 2009 town/county taxes

Motion by Councilman Graber, seconded by Councilwoman Meegan, to extend the collection time for 2009 town/county taxes from April 30, 2009 to June 30, 2009, thereby keeping the penalties in the Town of West Seneca instead of the County of Erie.

3-E   REPORTS

ISSUES OF THE PUBLIC

RESIDENTS QUESTION AMERICORPS ISSUES

Amy Carpenter, 406 Woodward Crescent, questioned if WNY AmeriCorps had a written lease agreement with the town, and if so, she requested to see a copy of it.

Town Attorney Edwin Hunter stated that he had a copy of the agreement that was drawn up, but he understood there was no separate lease agreement.

Councilman Graber stated that it was part of the grant and they did not pay rent, they paid facility costs. A freedom of information request could be submitted for a copy of it.

Mrs. Carpenter questioned when the agreement ended and if it included the in-kind donations the town makes.

Councilman Graber advised that the actual contract ended in 2011 and the in-kind donations were included in the contract.

Mrs. Carpenter stated that there were some concerns that because AmeriCorps was housed in the same facility as the Burchfield organization, Burchfield has not been able to grow the way they would like to. She questioned if this would be looked at before renewing any contract with AmeriCorps and if the public would have any say on this issue.

Supervisor Piotrowski responded that the public always had a say on any issue and they could contact any of the Town Board members.

Mrs. Carpenter referred to a previous budget and stated that the Charles Burchfield Center was listed as an item. They were given a budget of $44,000 and went over that figure by $13,000. In 2008 the figure was $56000 and in 2009 it was 52000. Mrs. Carpenter questioned what this money was allocated for.

Supervisor Piotrowski stated that in 2008 the town no longer provided them with employees. The town only provided them with the space that included gas and electric services.

Mrs. Carpenter stated that under the Burchfield line item, there were some credit card purchases made in 2007 amounting to $10,000. She questioned how someone is reimbursed for this, and noted that when they were submitted for reimbursement it said they were for AmeriCorps.

Councilwoman Meegan questioned which departments had credit cards.

Comptroller Robert Bielecki stated that Mark Lazzara’s department turned in charges, but he was not certain whether it was for the Youth Bureau or AmeriCorps.

Mrs. Carpenter questioned the procedure for reimbursement of a charge card purchase and if receipts had to be shown.

Mr. Bielecki responded that he currently requires the detailed listing on the credit card for reimbursement.

Councilwoman Meegan questioned how the credit card was written and whether it was under the Town of West Seneca, Mark Lazzara’s name, the Youth Bureau, or AmeriCorps. She noted that if it was under AmeriCorps, it was not the town’s bill to pay.

Mr. Bielecki stated that this has always been a question. Sometimes Mr. Lazzara charges it to the Youth Department or one of his trust funds.

Supervisor Piotrowski stated that they would have to look into this further.

ISSUES OF THE PUBLIC

RESIDENTS QUESTION AMERICORPS ISSUES    (continued)

Mrs. Carpenter requested clarification on the trust funds and questioned if that was something the town monitored.

Mr. Bielecki stated that Mr. Lazzara has the grants and has money that is kept in trust. Money goes in and out of the trust funds, there is a balance, and it is monitored. For example, Mr. Lazzara collects money for delivering Meals on Wheels, that money goes into the trust, and he spends money out of there. The money should be used for the exact purpose it was put in the trust for and verification of those expenditures was done by the department head.

Mrs. Carpenter did not see how there were any checks and balances if Mr. Lazzara was authorizing the expenditures and overseeing them.

Councilman Graber stated that they are audited by the federal government.

Paula Minklei, Orchard Park Road, stated that at the Reorganization Meeting in January 2008, Councilwoman Bove raised questions about the salary and benefits of Mark Lazzara as Director of the Youth Bureau. Councilwoman Bove had problems reaching him when he was out of state on AmeriCorps business and she felt at his salary he should be in town dealing with Youth Bureau matters alone. She also felt that federal grant funds should cover his health benefits. At the January 14, 2008 Town Board meeting, Councilwoman Bove stated that she had been concerned about the number of terminations and resignations of employees associated with the Youth Bureau and rumors of lawsuits and human rights complaints to New York State. She had requested information from Mr. Lazzara on employees, whether Youth Bureau or AmeriCorps, their salaries, and bonuses. Councilwoman Bove reported that in response she received a list of employees indicating whether they worked for the Youth Bureau or AmeriCorps and was told to find the salaries and bonuses herself. She also expressed concern that the Youth Bureau budget was one-third of a million dollars with three people in the department and felt there had been a boring of the Youth Bureau with WNY AmeriCorps and the Burchfield Center. Since that time, an employee of the Burchfield Center resigned because of issues with AmeriCorps staff members and another two AmeriCorps employees were terminated. Mrs. Minklei stated that apparently Councilwoman Bove has since changed her opinion of Mr. Lazzara, WNY AmeriCorps, and the Youth Bureau, and perhaps about them being intertwined along with the Burchfield Center. Councilwoman Bove opposed the merger of the Youth Bureau and Recreation Department, refused to terminate the AmeriCorps lease at the Burchfield Center, encouraged the transfer of three town properties to WNY AmeriCorps and volunteered to oversee the grant administration agreement with them. Mrs. Minklei understood that since AmeriCorps moved to the Burchfield Center there have been over 25 resignations or terminations associated with their administrative policies, including 11 females who left citing sexual discrimination and oppressive working conditions. Many questions have been raised and opinions offered at previous Town Board meetings from former employees and concerned town citizens regarding negative experiences with Mr. Lazzara. Town Board members have received letters describing acts of sexism, age discrimination, hostility in the work environment, staff manipulation, inability to manage, unavailability, slander, harassment, division among staff, lying, breaking and entering, and vandalism perpetuated by Mr. Lazzara and his staff over the past five years. Mrs. Minklei understood there are currently four lawsuits against Mr. Lazzara and a fifth was settled out of court a few months ago. The Town Board confirmed that the town pays for all litigation costs. Facing multiple human rights lawsuits and employee complaints would normally result in some kind of investigation, followed up by counseling, suspension, or termination. Mrs. Minklei questioned if Mr. Lazzara was investigated and/or reprimanded for any of this.

Supervisor Piotrowski responded that Mr. Lazzara had not been.

ISSUES OF THE PUBLIC

RESIDENTS QUESTION AMERICORPS ISSUES    (continued)

Councilwoman Bove stated that over the past year there has been a thorough accountability of what is going on in that department. They have looked at the Youth Bureau, AmeriCorps, and a lot of things that were not looked at before. Councilwoman Bove found that there were many things that were not explained to her over the last few years and she now understands. There are many people that are no longer working at the Youth Bureau or AmeriCorps, but when there is a program that starts small and grows quickly things have to change.

Mrs. Minklei commented that when many things change it is an indication that something is wrong. She questioned if a report had been completed on the evaluation of AmeriCorps.

Councilwoman Bove responded that a few different people evaluated AmeriCorps on their own; it was not a committee.

Mrs. Minklei thought the Town Board should meet with the department heads and do the evaluation together so they can exchange deliberations, ideas, and questions. She questioned if a termination had been considered for Mr. Lazzara.

Mr. Hunter advised that this would be a personnel matter that should be handled in Executive Session.

Mrs. Minklei questioned why these matters were kept out of the public and allowed to continue unaddressed.

Supervisor Piotrowski responded that he tried to address this on many occasions last year and was unable to do anything with the situation, but he was not giving up.

Councilwoman Meegan stated that she came into office knowing there was a lot of work ahead of her. The town paid for the AmeriCorps insurance for many years and it cost a lot of money, but the town is no longer paying this bill. The vehicles were all removed and the town no longer had that exposure. AmeriCorps now took care of its own insurance. There were a number of other items like postage for mailings that the town used to pay for and now AmeriCorps took care of on their own. Councilwoman Meegan questioned the current amount owed to the town from the AmeriCorps grants.

Mr. Bielecki did not have the exact dollar amount but noted that they have been giving the town funds and they should be moving ahead. The figure was over $2 million.

Mrs. Minklei referred to the budget for the Burchfield Center, AmeriCorps, and the Youth Bureau and thought it was difficult to understand. She suggested a line item budget to better explain the expenditures. Mrs. Minklei requested to see a copy of the grant administration agreement that was approved last year.

Mr. Hunter stated that he had a copy of that agreement, but he did not draft it. The agreement was presented to the Town Board, voted on and approved and he would provide a copy of it to Mrs. Minklei.

Councilwoman Meegan questioned if the Comptroller’s Office ever audited town departments and Mr. Bielecki advised that they did not.

Johanna Guenther, 140 Neubauer Court, stated that sometimes Mr. Lazzara is a town employee and other times he is an AmeriCorps employee. She questioned which title he really holds.

ISSUES OF THE PUBLIC

RESIDENTS QUESTION AMERICORPS ISSUES    (continued)

Councilwoman Meegan responded that at a previous Town Board meeting, former Town Attorney Timothy Greenan advised that 90 percent of Mr. Lazzara’s time is spent on AmeriCorps business and the other 10 percent on the Youth Bureau. Therefore, the town pays his $80,000+ salary for 10 percent of his day.

Mark Jarczyk, 52 Orchard Avenue, questioned who pays the litigation costs for the pending lawsuits.

Councilwoman Meegan responded that the taxpayers paid the litigation costs.

Mr. Jarczyk questioned why this was allowed to happen along with the outstanding $2 million owed to the town.

Councilman Graber responded that the AmeriCorps program started in the early 1990’s and continued to grow and Mr. Lazzara was asked to go out and bring in as many grants as possible. One of the stipulations was that the town would advance the money and be paid back by the grant. Councilman Graber stated that this was how the grant system worked and every municipal government advanced funds for grants. The agreement put in place last June by the current Town Board established a clear separation between the town and AmeriCorps, so in the future there will be no advancing of money. If they apply for any grants in the future, they will have to have their own money.

Mr. Jarczyk questioned if the money advanced last year was paid back.

Mr. Bielecki responded that the money was constantly turning around, and according to the grant administration agreement it will eventually go down to zero.

Councilman Graber stated that Mr. Lazzara was very successful at getting grants, so the advancing of money just kept going up.

Mr. Jarczyk suggested that the grant money be used to pay the litigation costs for the lawsuits pending against Mr. Lazzara.

Dolores Stefanacci, 28 Organ Crescent, stated that she was one of the employees in the Youth Bureau and Mr. Lazzara escorted her out of the building two years ago and then hired another person and paid her double the amount she was getting. Mrs. Stefanacci understood that Mr. Lazzara worked off the grants he received, but she thought that he had overspent the grants and that’s why the town was owed over $2 million. She questioned why the previous Town Board had allowed this to go on.

Councilman Graber responded that Mr. Lazzara did not overspend the grants; he spent what he said he was going to spend. He further commented that in his opinion Mr. Lazzara did a great job and was good for the town and Erie County. Councilman Graber noted that Mrs. Stefanacci was let go because of insubordination.

Mrs. Stefanacci responded that she was paid by the town and Mr. Lazzara had her doing almost 75 percent of the work for AmeriCorps. She did that work for nine years and then told him she was not going to do it anymore.

ISSUES OF THE PUBLIC

RESIDENTS QUESTION AMERICORPS ISSUES    (continued)

Frank Russo, Parkside Drive, referred to the Peer Counselors/Youth Program Coordinator positions and stated that a few years ago the YES person was always a part-time position. When that person left about 1½ years ago, the Peer Counselors took over the work. He referred to the amount of overtime that was paid and questioned how a part-time position could earn overtime. Mr. Russo stated that he attended a budget meeting at the W.S. School District recently and they talked about various services for the kids, but there was no mention about the Peer Counseling program. He did not believe that town government should be providing this service to the schools and stated that the school district would not pay more than $12,000 each for this program. Mr. Russo further commented that the town should be looking for ways to cut back and suggested that the upcoming vacant position in the Engineering Department not be filled.

Councilwoman Bove referred to Mr. Russo’s question about the overtime and stated that at one point they were trying to find a way to have the Peer Counselors work a second job. They had not received information from Erie County Personnel about the possibility of having a second job and there was no way to list them on any time sheet, so rather than not have anyone do the job it was listed on the overtime sheets. It was not actually overtime, it was simply a way to pay them for the second job. Erie County Personnel now had an answer to how they can work a second job, and it will no longer be listed as overtime. Councilwoman Bove further stated that children had to be given the opportunity to participate in things other than sports, and these were good volunteer activities for the children.

Andrew Jarczyk, 52 Orchard Avenue, stated that when he worked for the Burchfield Nature and Art Center (BNAC) he was not insubordinate, but he was subjected to the abuse and harassment of AmeriCorps. In April 2008, he walked into his office at the BNAC to find it trashed with his computer and printer taken out by AmeriCorps staff members. Instead of calling the police he went to the Town Board for help, but nothing was done. He questioned if anything had been done since then to resolve the situation.

Councilman Clarke did not recall having talked to Mr. Jarczyk about this problem.

Mr. Jarczyk responded that he sent letters to the board members and talked to Councilman Clarke in person three days after his office was broken into. He detailed everything that had happened and the day before that he talked to Councilwoman Bove about it, but nothing was done and they accepted his resignation letter.

Councilwoman Meegan stated that first they did not accept Mr. Jarczyk’s resignation, and she had a conversation with the AmeriCorps people to find out why they did what they did to his office. They apologized for their actions, but she had serious concerns about everything that was going on there and the treatment of people that worked there. Councilwoman Meegan stated that the board members had discussed this situation a number of times, but nothing was ever done about it and she did not understand why. She is only one vote and there are three members that control the Town Board, make the decisions, and will not act on it. Councilwoman Meegan questioned if there was someone higher up they should contact that could look into the problem and conduct an investigation.

Mr. Jarczyk referred to earlier comments about the lawsuits and human rights complaints and thought there was more than enough information to start an investigation without Town Board approval. Mr. Jarczyk further referred to questions about the BNAC account and stated that no one that worked for the BNAC prior to him, including the board of directors, knew that the BNAC account existed. Mr. Lazzara was the only one that knew about that account. Mr. Jarczyk stated that in 2007-2008 there was a miscellaneous expense line item and Mr. Lazzara submitted expenses to that line item on AmeriCorps letterhead. He suggested that this be looked into and thought that town taxpayer money may have been used to fund separate AmeriCorps projects.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

SNOW PILED AT BUFFALO RV

Councilwoman Meegan referred to Code Enforcement Officer William Czuprynski a situation at Buffalo RV on Southwestern Blvd. The snow was being plowed into the trees at the rear of the property and when it thaws the water will run into the back yards of the Carla Lane residents. She asked that Mr. Czuprynski visit the site and talk to the property owner.

ADJOURNMENT

Motion by Councilwoman Bove, seconded by Councilman Clarke, to adjourn the meeting at 9:50 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK