West Seneca Town Board Meeting Minutes 04/06/2009
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. 5-A MINUTES TO BE APPROVED
5-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 AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 3218 & 3224 TRANSIT ROAD, BEING PART OF LOT NOS. 51 & 52, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR A NEW CAR SHOWROOM” in the Town of West Seneca, be received and filed. (Transitowne Kia)
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Supervisor Piotrowski read the recommendation of the Planning Board, “At its March 12, 2009 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 3218 & 3224 Transit Road, being part of Lot Nos. 51 & 52, changing its classification from C-1 to C-2(S), for a new car showroom, with the following stipulations: 1) the zoning change shall apply only to the southerly 60 feet of the building; 2) no exterior display of cars; 3) no auto repairs. The Planning Board further recommended a SEQR negative declaration for this project.” Tom Collins, Managing Partner at Transitowne, and Russ Christopher, owner of the property, appeared before the Town Board. Mr. Collins stated his request to use a portion of the strip plaza for a Kia showroom for sales only. Everything else would be done at their main location on Transit Road. Councilwoman Bove questioned if everything would be done inside the building. Mr. Collins responded that everything will be inside the building and service on vehicles will be at the other location. Karen Lucachick, Greenmeadow Drive, stated that several years ago Transitowne purchased property on Transit Road and she questioned if this was the property Mr. Collins was seeking the rezoning and special permit for.
5-B LEGAL NOTICES 1. (continued) Mr. Collins responded that the property he was seeking the rezoning and special permit for was the strip plaza where Kenny Carpet and the Wonder Bread store were located. Mrs. Lucachick recalled a previous rezoning application for property in this area of Transit Road and the petitioner was told not to have cars parked up to the sidewalk. They were supposed to have a buffer of grass, but there was no buffer. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request for a rezoning and special permit for property located at 3218 & 3224 Transit Road, being part of Lot Nos. 51 & 52, changing its classification from C-1 to C-2(S), for a new car showroom, with the following stipulations: 1) the zoning change shall apply only to the southerly 60 feet of the building; 2) no exterior display of cars; 3) no auto repairs.
*APPENDICES* Motion by Councilman Graber, seconded by Councilwoman Meegan, to issue a negative declaration with regard to SEQR for the proposed project located at 3218 & 3224 Transit Road for the following reasons: 1) the project is the reuse of an existing building and has no impact on our natural resources; 2) the project is not expected to create any negative impact to the character of the surrounding community; 3) the project complies with the town’s Comprehensive Plan.
2. Proof of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed. (Young Development, LLC) 5-C TABLED ITEMS 1. Moran rezoning request Remained on the table. 2. Youth Employment Program Remained on the table. 5-D COMMUNICATIONS 1. Supervisor Piotrowski re Resignation of Edwin P. Hunter as Town Attorney Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Edwin P. Hunter and terminate him as Town Attorney effective April 10, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5-D COMMUNICATIONS 1. On the question, Councilman Graber stated that Mr. Hunter only served as Town Attorney for a short period of time, but he proved to be a very valuable resource in the town’s legal department. Mr. Hunter had some positive personal changes occur in his life that will prevent him from providing the amount of time required to be an effective Town Attorney. The board members all thanked Mr. Hunter for his service and wished him well. Mr. Hunter thanked the board members for giving him the opportunity to serve as Town Attorney and noted that it was a learning experience for him since he had not practiced municipal law in the past. He further stated that he enjoyed working with all the department heads.
2. Supervisor Piotrowski re Resignation of Paul Notaro as Deputy Town Attorney/Town Prosecutor Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the resignation of Paul Notaro and terminate him as Deputy Town Attorney/Town Prosecutor effective May 1, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
3. Supervisor Piotrowski re Appointment of Town Attorney, Deputy Town Attorney, Town Prosecutors Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Jeffrey Harrington, Esq. as Town Prosecutor at an annual salary of $20,000 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
4. Supervisor Piotrowski re W.S. Public Library “Yard Sale” Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of the West Seneca Public Library to host a “Yard Sale” on Saturday, August 22, 2009, 9:00 A.M. until 4:00 P.M. (rain date – Saturday, August 29, 2009) on the West Seneca Town Hall property, noting that the Friends of the Library will be responsible for all setup and cleanup.
5. Councilwoman Bove re Zoning Board training Motion by Councilwoman Bove, seconded by Councilman Graber, to authorize Wendel Duchscherer to conduct the New York State mandated 4-hour annual training for the five members of the Zoning Board of Appeals at a cost of $550 and authorize the Supervisor to sign the acceptance of Wendel Duchscherer’s proposal.
5-D COMMUNICATIONS 6. Councilwoman Bove re Support for director of Burchfield Nature & Art Center Motion by Councilwoman Bove, seconded by Councilman Graber, to table this item. On the question, Councilwoman Bove stated that in discussions with the Burchfield board, they wanted to make sure there was some funding, because sometimes gas and electricity are not enough to support a cultural place in the community. However, the Town Board wants to ensure they are doing this right and there are certain legalities they have to find out before funds can be transferred to Burchfield.
7. Town Attorney re Relocation of monument, cannon & flagpole to St. Matthew’s Cemetery Motion by Councilman Graber, seconded by Councilwoman Meegan, to enter into the attached agreement concerning relocation, refurbishment and future care of the monument and cannon on loan to St. Matthew’s Cemetery. On the question, Councilwoman Bove stated that Jim Manley worked with the veteran’s groups in town and Joseph Dispenza, President of the Forest Lawn Groups of Cemeteries, to accomplish this agreement. Mr. Dispenza presented a rendering of the area of the cemetery where the monument, cannon and flagpole will be relocated and noted that it will be a much safer location than on Clinton Street. They planned to hold a ceremony where the flag currently on the pole will be lowered with full military honor and the cannon and monoliths will be picked up and put on the equipment used to move them with a police escort to St. Matthew’s. Once they get to the cemetery it will take a few days to set them on the concrete foundation and do some refurbishment, but they hoped to have the flag raised on the flag pole and rededicated on the upcoming Memorial Day.
8. Town Attorney re Agreement for CDBG housing activities Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the agreement between Erie County and the Town of West Seneca for the CDBG housing activities, noting that the contract is effective April 1, 2009 and expires March 31, 2010.
9. Town Engineer re Public hearing on East & West Road Watermain Replacement Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item.
10. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Bove, to authorize payment of $1933.21 to Anderson Equipment Co. for pump repair.
5-D COMMUNICATIONS 11. Highway Supt. re Purchase of tractor for Buildings & Grounds Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the lease to purchase of one (1) tractor with snow blower attachment as per the NYS contract for municipal leases for one (1) Kubota B3030HDC tractor from Buffalo Tractor, 3045 Seneca Street, West Seneca, for the price of $25,001.89, noting that this will be on a 36-month lease program with an annual payment of $8333.63 and a purchase price of $1 after three years.
12. Highway Supt. re Purchase of backstop for Centennial Park Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of one (1) backstop measuring 20’ x 20’ x 20’ x 16’ with a 6’ overhang for Centennial Park from Iroquois Fence at their low quote of $7368.00, noting that this includes removal of the old backstop and installation of the new one.
13. Councilman Graber re Fund transfer for Buildings & Grounds tractor and backstop at Centennial Park Motion by Councilman Graber, seconded by Councilwoman Bove, to approve a budgetary transfer of $11,140 from Acct. #1.1010.0100 Salary of Council Members to Acct. #1.7110.0200 Equipment to pay for the cost of the new tractor in Buildings & Grounds. On the question, Highway Supt. Matthew English thanked Councilman Dale Clarke for donating $11,000 of his salary to pay for the cost of this equipment. Councilman Graber noted that this was a three year lease and Councilman Clarke committed to paying for the equipment in its entirety, so he will be transferring these funds for the next three years.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a budgetary transfer of $7368 from Acct. #1.1990.0480 Contingency to Acct. #1.7110.0443 Equipment Repair to pay for the new backstop at Centennial Park.
14. Highway Supt. re Attendance at Highway Superintendents school Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Highway Supt. Matthew English and Deputy Highway Supt. Thomas Bausch to attend the 2009 School for Highway Superintendents, June 1 – 3, 2009 at Ithaca College at a cost not to exceed $1100.
5-D COMMUNICATIONS 15. 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: Buffalo Truck Center (truck repairs) $1870.53
16. Highway Supt. re Title change for Thomas Reese to Motor Equipment Operator Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Thomas Reese as Highway Auto Mechanic and appoint Thomas Reese as Highway Motor Equipment Operator, Group 2, Step 5, at a rate of $23.40 per hour effective March 24, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Highway Supt. re Leave of absence for Leo Kogler Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a family medical leave of absence for Leo Kogler effective April 22 – May 22, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
18. Highway Supt. re Title change for Phillip Steffan to Highway Laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Phillip Steffan as Sanitation Motor Equipment Operator and appoint Phillip Steffan as Highway Laborer, Group 1, Step 1, at a rate of $21.88 per hour effective April 6, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Highway Supt. re Title change for Alan Kerner to Highway Laborer Motion by Councilman Graber, seconded by Supervisor Piotrowski, to terminate Alan Kerner as Dog Control Laborer and appoint Alan Kerner as Highway Laborer, Group 1, Step 5, at a rate of $23.05 per hour effective March 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Highway Supt. re Status change for Thomas Ignatowski to part-time Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time seasonal laborer Thomas Ignatowski to part-time at a rate of $7.40 per hour effective April 13 – September 13, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5-D COMMUNICATIONS 21. Highway Supt. re Termination of part-time laborers in Buildings & Grounds Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the following part-time laborers in the Buildings & Grounds Department effective April 4, 2009:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
22. Highway Supt. re Status change for part-time laborers in Buildings & Grounds Dept. to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time laborers in the Buildings & Grounds Department to part-time seasonal effective April 13 – September 13, 2009:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
23. Chief Gehen re Amendment to W.S. Police Department rules & regulations Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt the currently amended rules & regulations concerning the administration and conduct of the West Seneca Police Department, pursuant to the provisions of Article 10, Section 154 of the Town Law of the State of New York.
24. Chief Gehen re appointment of Craig Funk as part-time Public Safety Dispatcher Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Craig A. Funk as part-time Public Safety Dispatcher at a rate of $10.95 per hour effective April 7, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5-D COMMUNICATIONS 25. Town Clerk re Amendment to rezoning & special permit for 2880 Transit Road Councilman Graber stated that an issue came before the Town Board at their December 1, 2008 meeting relative to a rezoning and special permit for 2880 Transit Road for a senior housing facility. Attorney for the petitioner, Ralph Lorigo, was now asking for clarification on the motion to approve the zoning change since the Town Board’s motion specified 49 units, but a density variance request to the Zoning Board of Appeals was granted for 50 units. Motion by Councilman Graber, seconded by Councilwoman Meegan, to direct the West Seneca Planning Board to review the site plan for 2880 Transit Road with a density of 50 units. On the question, Councilwoman Bove stated that the Town Board had voted on the special use permit for 49 units at 2880 Transit Road and she did not understand why this was coming back to the board members. Mr. Lorigo stated that there was an issue of density when the project was presented to the Town Board and they had to go to the Zoning Board of Appeals for a variance. The Town Board granted the change of zoning for the use and the issue of density was determined by the Zoning Board. The Zoning Board granted a variance for 50 units and after engineering the project they found it will still fit into the same footprint as the original proposal for 49 units.
26. Town Clerk re Young Development special permit request for 1370 Southwestern Blvd. Attorney Ralph Lorigo, 101 Slade Avenue, represented Young Development and stated that Mr. Young purchased 1.6 acres next to Fox Trace Apartments and was proposing to develop the property for an additional 16-units. He requested that the Town Board refer the rezoning application to the West Seneca Planning Board for their review and recommendation. Motion by Councilman Graber, seconded by Supervisor Piotrowski, to refer the proposal for 1370 Southwestern Bvld. for Fox Trace Apartments Phase II for 16 units to the West Seneca Planning Board for their review and recommendation. On the question, Councilwoman Bove suggested that the proposed project be considered as one with the previous project that was built.
27. Comptroller re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $7832.90 to Blue Cross Blue Shield for the April 2009 payment of Senior Blue 699 premium. On the question, Motion by Councilwoman Bove, seconded by Councilman Clarke, to amend the motion and authorize payment of $7832.90 to Blue Cross Blue Shield for the April 2009 payment of Senior Blue 699 premium and authorize the Supervisor sign the rate sheet for the plan for 2009. On the question, Councilwoman Meegan questioned if there was a rate sheet available.
5-D COMMUNICATIONS 27. (continued) Councilwoman Bove responded that there had been a meeting this date and she was given the rate sheets at that time. They needed this authorization as soon as possible. Supervisor Piotrowski questioned if Town Attorney Edwin Hunter had reviewed this information. Mr. Hunter responded that he had not reviewed the information. Councilwoman Bove questioned if Comptroller Robert Bielecki had seen the rate sheets. Mr. Bielecki responded that he had not seen any rate sheets; all he had was a bill in his office. Councilwoman Bove advised that the amount indicated on the bill was the rate and that needed to be signed.
28. Assessor re Attendance at appraising seminar Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Erik Finbar to attend a seminar on appraising at Cornell University, Ithaca, New York, July 13 – 17, 2009 at a cost not to exceed $900.
29. Director of Senior Services re Appointment of Theresa Kuebler as part-time Recreation Instructor Motion by Councilman Graber, seconded by Councilwoman Bove, to assign the title of part-time Recreation Instructor to Theresa Kuebler at the West Seneca Senior Citizens Fitness Center at a rate of $15.50 per hour and 25 hours per week, effective April 6, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
30. Highway Supt. re Status change for Sanitation laborers to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following seasonal part-time laborers in the Sanitation Department to part-time effective April 13 – September 13, 2009:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5-D COMMUNICATIONS 31. Highway Supt re Termination of part-time laborers in Sanitation Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the following part-time laborers in the Sanitation Department effective April 4, 2009: Michael Breen, Jr and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5-E REPORTS ISSUES OF THE PUBLIC BURCHFIELD NATURE AND ART CENTER/AMERICORPS ISSUES Andrew Jarczyk, 52 Orchard Avenue, thanked the Citizens for Better Government for contacting him and asking him to speak at this meeting and make a power point presentation. Mr. Jarczyk was formerly employed by the town and he wanted to assure everyone that he had no ulterior motive for speaking and was not attempting to get his job back. He stated that his first and only interest was the growth and promotion of the Burchfield Nature & Art Center (BNAC) and he would like to see it reach its full potential. Mr. Jarczyk noted that he had not been in contact with anyone from the Burchfield Board of Directors and these were his own ideas in an effort to cultivate some new discussion and a better understanding of what he believes the BNAC can be someday. He commented that the BNAC was an amazing facility and they needed to work together to support it and make sure it is here to stay. Mr. Jarczyk referred to other art and nature centers in the WNY area (i.e. Burchfield Penney Art Center; Albright Knox Art Gallery; Tifft Nature Preserve; Roycroft Campus) and stated that the BNAC is right in the middle of the rest. They have a unique opportunity to work with the other organizations and be a bridge between the southtowns and City of Buffalo. Given the buildings and grounds, it brings together the best of all the organizations by allowing for unique programming that can’t be offered in other locations. Mr. Jarczyk referred to the outline of the building and the floor plan and indicated the space that the BNAC uses, the space they share with WNY AmeriCorps and the West Seneca Youth Bureau, and the space that is occupied exclusively by WNY AmeriCorps. He stated that in an ideal world if the BNAC secured proper funding, they would want a staff of about six individuals, so the small office in the corner would not be sufficient. With proper staffing there could be ongoing programming and with the unique layout of the facility there could be a very expansive program of classes, workshops, and symposiums. The current director, Mark Carra, was a tremendous resource and they would just have to build from there. Mr. Jarczyk had recently visited the Red Fish Gallery in East Aurora and stated that they have monthly exhibits and house nine artists, each with their own studios. Having artists on site creates a unique atmosphere that allows for the exchange of ideas and creates a real sense of community. Many people go there just to hang out and enjoy the creative atmosphere. Aside from gallery exhibits, they offer classes and do one-on-one apprenticeships to make money. They currently have 100 percent occupancy and have a waiting list for people that want to get in there. With the overflow of artists and demand for space, the BNAC could offer the same thing. Given the grounds of the BNAC, having a studio on site would be an enticing offering for landscape artists, or any artists, to
ISSUES OF THE PUBLIC BURCHFIELD NATURE AND ART CENTER/AMERICORPS ISSUES (continued) use nature as inspiration for their work. Mr. Jarczyk presented his suggestion for allocation of space at the BNAC that included the addition of three classrooms so that programming can be ongoing, addition of a kiln for pottery classes in another room, childrens’ workshops in another room, symposiums and workshops in another room, and six spaces for studios. The current market rate for renting this space to artists was $30,000 annually. Mr. Jarczyk stated that there was a serious lack of storage space at the BNAC, and typically for storing artwork they would want and need a secure and temperature controlled place when it’s not on the walls. He commented on the poor appearance of the facility when he started working there and how he cleaned it up and repainted to make it look like a classroom again. Since he left last year Mr. Jarczyk had not been back to the facility until last week, and it was back to looking poorly. He thought the Burchfield organization had some great ideas for programming, but they could not hold classes in the space provided. There had to be some agreement between the organizations for keeping up the classroom. Mr. Jarczyk referred to a piece of artwork from Charles Burchfield called “The Rainy Day” and stated that there were only seven authorized reproductions. Six of them went to Mr. Burchfield’s children and the seventh was donated to the BNAC, so this was a very valuable piece of artwork, but as of Saturday morning it was on the floor in the conference room tucked behind other things. Mr. Jarczyk noted the lack of storage space in the conference room where there is artwork leaning against the wall. One of the biggest challenges he had when he worked there was communicating to people that it was a public facility. People would come up to the door and asked if they could use the rest rooms, not realizing that it is a town owned building. People think it is private office space, so they need to raise awareness for the BNAC and make people realize it is for public use. Mr. Jarczyk stated that the potential for the BNAC to provide programming, attract grant money, and develop partnerships was huge. He understood the Burchfield organization was almost out of money, but it was not too late and he urged everyone to come together and focus on preserving the BNAC. Paula Minklei, Orchard Park Road, understood that the plan for the BNAC came together through informal discussions of a few people. Key West Seneca officials involved throughout were former Supervisor Paul Clark and Councilman Christopher Osmanski. The Burchfield Foundation pledged $150,000, a number of successful events and programs were held including several with the partnership of other nature and art facilities, there was enthusiasm from the BNAC board, and a mission statement and strategic plan were developed, all indicating the BNAC’s potential for successfully attracting membership and community participation. Mrs. Minklei did not find planning and development stages of the BNAC referred to in Town Board minutes; however, from references to the BNAC that do appear in the minutes, Town Board members apparently decided it would be a good place to house the West Seneca Youth Bureau and its expanding AmeriCorps programs. They maybe did not foresee the way those programs would expand and grow and encroach on the nature and art programs planned for the BNAC. Mrs. Minklei found no mention of any public hearings on the Burchfield Park project or building in the Town Board minutes. The plans just seemed to evolve and the Youth Bureau was given space in the BNAC. No mention was made as to the division of space or who would have oversight of the building and grounds. It is a lovely building and park that has the potential to provide a perfect starting place for achieving the first priorities in the town’s Comprehensive Master Plan, which calls for the development of a historical Gardenville district, a calming of traffic through the town, and development of the town center. The BNAC is located at the gateway to the town center within the Gardenville district. It is a 501(c)3 agency with almost unlimited capabilities to acquire grants to help accomplish these goals. Utilizing the BNAC as its mission statement and strategic plan calls for will also place West Seneca in good standing toward implementing the Master Plan in a way that can open up grant potential and assistance from other levels of government. At present it is crowded – sharing most of its desirable space with the Youth Bureau and AmeriCorps. Mrs. Minklei urged the Town Board to do what it can to open up the space within the BNAC, granting oversight of the entire facility to the BNAC board so it can become all that it has the potential to be.
ISSUES OF THE PUBLIC BURCHFIELD NATURE AND ART CENTER/AMERICORPS ISSUES (continued) Councilman Graber stated that the building at the BNAC was built specifically for the Youth Bureau and AmeriCorps. He was on the Town Board at that time, but it was former Supervisor Clark and Councilman Osmanski’s belief that they could reach out and use the theme of Charles Burchfield to help offset some of the costs of constructing it. Mrs. Minklei referred to the Town Board minutes from 1999, 2000, and 2001 and stated that they wanted to build the building for the Youth Bureau and were using Burchfield for park funds and grants. Councilman Graber stated that the town lost a lot of their ability for continued funding after Buffalo State College came up with their plan for the Burchfield Penney Art Gallery. Mrs. Minklei stated that the town never had a planning session for the building. They never talked to members of the community as to what they wanted in the park, and they referred to it occasionally as the Burchfield Park and Burchfield building. Councilman Graber stated that Burchfield was the theme, but the Youth Bureau and AmeriCorps were expanding and they needed a facility. The BNAC was built specifically for AmeriCorps and the Youth Bureau. Mrs. Minklei noted that funds were granted for it because it had the name Burchfield and had a park. Councilman Graber stated that if they compared the funds received from Burchfield and from AmeriCorps, less than 10 percent of the funding came from the Burchfield organization. Mrs. Minklei commented that they had the potential to really fund it and be a jewel in West Seneca. Councilman Graber responded that they also had a legal contract to provide space to WNY AmeriCorps. Mrs. Minklei hoped the board members would look ahead as to what it can be and consider opening up the space within the BNAC and granting oversight of the entire facility to the BNAC board. Dolores Mendolia, Center Road, recalled attending the ceremony dedicating the BNAC and stated that it was through the efforts of Jacqueline Albarella that a vision was brought forth. It was her idea for the grounds, amphitheater, gazebo, playground, meditation area, etc. Mrs. Mendolia stated that she and the entire advisory board always felt that the BNAC was a jewel for West Seneca and they had the Town Board’s support for many years. They shared the facility with AmeriCorps and the Youth Bureau and had no problem with what they did, but Burchfield now had a problem doing what they wanted to do. The Board of Directors always thought the Town Board was behind them in their efforts to do programming for nature, art and culture. The gallery was built for exhibiting and that was one area they had somewhat official control of. Today the facility was more of a storage area for boxes. Mrs. Mendolia stated that the BNAC is a beautiful facility, not a storage building. Upon entering the facility, there is an AmeriCorps rug and people question if it is an AmeriCorps building. Although it is in some aspects, it is also the entrance to the Burchfield Nature and Art gallery. There was $10,000 allotted for memorial trees after the October storm and she questioned what happened to that. People paid money for trees in memoriam of a loved one and the money was supposedly allocated, but they are not taken care of.
ISSUES OF THE PUBLIC BURCHFIELD NATURE AND ART CENTER/AMERICORPS ISSUES (continued) Councilman Graber commented that the park is all Burchfield and has nothing to do with AmeriCorps or the Youth Bureau. The intent behind the gallery was to put up portraits of Charles Burchfield and other artists so that people touring the park could stop in and see the gallery. Councilman Graber stated that if there is any problem with that the Town Board will work with the Burchfield Nature and Arts group. Mrs. Mendolia responded that Councilwoman Bove has been there on many occasions and seen the facility. She stated that the Corps room, as they are calling it now, was supposed to be shared for programs, but how can they share or have programs when it is filled with junk. Mrs. Mendolia stated that the room was not supposed to be a lunch room for the AmeriCorps and that was what it had become and it interfered with the Burchfield programs over the last few years. Councilman Graber stated that it should be organized and if these things were going on the Town Board needed to deal with them. The gallery was intended to display art and provide space for the Corps members and the artists. Councilman Graber stated that if this was not happening they would take care of it. He would resolve this issue so the Corps room goes back to its original intent. Councilman Graber encouraged Mrs. Mendolia and others to contact him anytime they feel that AmeriCorps or the Youth Bureau is not using the facility they way they should. Mrs. Mendolia stated that they have been trying but have never called Councilman Graber because Councilwoman Bove is the liaison. Melanie Barry, 56 Orchard Avenue, stated that she is an art teacher and artist and came to this meeting to support the BNAC. She thought there was a lot of bickering and misunderstanding going on and did not believe that everyone realized who Charles Burchfield was. He was very important to the art community and history and to have the BNAC in West Seneca was a big deal. Whether it was built for AmeriCorps under the guise of Burchfield was not important to her, but what mattered was that it could be so much more than what it was. Mrs. Barry stated that her children were small and she wanted them to grow up in West Seneca and use the BNAC, but it was not somewhere that she would take her children to look at artwork because the AmeriCorps car is outside and it is not an inviting place. She had not seen anything about the programs being offered and did not think it was Burchfield’s fault. Mrs. Barry thought that AmeriCorps and the Youth Bureau had gotten big and Burchfield was losing their way. They did not have the money to do what was necessary and she was upset that Charles Burchfield’s artwork was stacked in a room against the wall with other artwork. Mrs. Barry asked that the Town Board do something to resolve this situation. Karen Lucachick, 61 Greenmeadow Drive, agreed with the previous comments on the BNAC and found it hard to believe that the Burchfield Foundation wanted to fund the Town of West Seneca to build an office building. She could not see where the BNAC was conducive for AmeriCorps to work in and thought their work was basically done in the field and they only needed a few offices. Councilman Graber noted that the Burchfield Foundation did not exist until after the building was built and occupied, and then, former Supervisor Clark and Councilman Osmanski suggested they establish a 501(c)3 because it would give them more leverage. Mrs. Lucachick questioned who donated the money for the building. Councilman Graber responded that the downtown Burchfield Foundation donated $50,000.
ISSUES OF THE PUBLIC BURCHFIELD NATURE AND ART CENTER/AMERICORPS ISSUES (continued) Mrs. Lucachick referred to the March 16th Town Board meeting when Comptroller Robert Bielecki was questioned about the amount due the town from AmeriCorps grants. Mr. Bielecki had stated that some amount had been paid on the over $2 million figure and it was down to about $1.8 million. Mrs. Lucachick was disturbed at Mark Lazzara’s article on the financial status of AmeriCorps in last week’s West Seneca Bee which stated that everything had been taken care of and they didn’t owe the town a penny. She further commented that she was tired of hearing how much the town owed AmeriCorps, when AmeriCorps actually owed the town a lot of money. Councilman Graber responded that the town advanced money for the AmeriCorps grants and that was normal practice. The town had committed to the grants and could not change them or walk out on them, but they will not be advancing any more money after December 31, 2010. Councilman Graber stated that the town never had a contract with AmeriCorps until last year. Mrs. Lucachick thought it was insane that the town did not have a contract with AmeriCorps since they first began advancing money. Councilman Graber stated that there were personal issues involved and people had been attacking Mark Lazzara and the AmeriCorps for 12 years. Mrs. Lucachick responded that the people had every right to ask questions and there were a number of questions still unanswered. Johanna Guenther, 140 Neubauer Court, referred to a letter to the editor newspaper article from the September 20, 2007 West Seneca Bee entitled, “Director’s Power Needs to be Checked.” The article questioned who supervised Mark Lazzara and referred to a number of employees at the BNAC that were forced to resign or moved to a different building or place of employment. One former employee was even physically kept from entering the BNAC for an art opening, even though it is a public building. Mrs. Guenther stated that she grew up with art and music and it was needed as much as anything else. She thought it was terrible to accuse the people that were speaking out for the BNAC. Mrs. Guenther noted that the people wanted transparency in government; they wanted to see where the money is spent and who pays the bills. They had not been given a clear answer in a number of years. Mark Godi, a senior at West Seneca East, questioned the services of the BNAC and AmeriCorps and which was more important. Councilman Graber responded that they were two different functions, but both were equally important. AmeriCorps was like a modern day Peace Corps. They were paid approximately $11,000 and at the same time earned college stipends up to $5,000 for two years. The BNAC staff was there to provide the public the opportunity to experience the joys and values of art. When the building was built, it was the intent of the Town Board to establish a building where both missions could be accomplished. Both groups were helping the community in different ways and Councilman Graber thought it was normal to have resistance between two groups, but there were some valid points brought up at this meeting that needed to be answered immediately. The two groups were living together under one roof and they needed to live in harmony. Louise Schoene, board member at the BNAC, commented that AmeriCorps was a wonderful organization and did a lot for the community, including helping out at the BNAC with maintaining the park, assistance at art festivals, and bringing things in and out. Ms. Schoene stated that life was not always perfect, but everyone should try to get along.
ISSUES OF THE PUBLIC BURCHFIELD NATURE AND ART CENTER/AMERICORPS ISSUES (continued) Dolores Stefanacci, 28 Organ Crescent, stated that the BNAC is a jewel and when she worked at the reception area there were numerous compliments from people about the facility. However, Mrs. Stefanacci felt that AmeriCorps had taken over the building and she did not believe that was the intent when the building was built. She agreed that AmeriCorps was a good program for young kids to make something of themselves and teach them a trade, but they had outgrown the building. Jim Rathmann, board member at the BNAC, stated that in March 2007 he semi-retired and the BNAC needed an Executive Director. He thought it would be a great place to work, it was close to home, and he had designed the park so his heart was in it. However, after he started working there he found that everyone was disgruntled and at odds with each other. Mr. Rathmann thought the problem was personality conflicts and that everyone wanted to take control of the entire facility. Members of the two groups had been at odds with each other for years and they were defeating the purpose of both organizations by bickering between each other. Mr. Rathmann further noted that the new Executive Director of the BNAC got along with AmeriCorps and the Youth Bureau and he hoped things would continue to improve. Councilman Clarke agreed with Mr. Rathmann and stated that it was getting to the point where they needed to bury the hatchet. They needed to move forward and stop the bickering and vindictiveness. HOME OCCUPATION PERMIT FOR BERG ROAD Natalie Klieman, 5370 Berg Road, referred to her application for a home occupancy permit for a dog grooming business that was presented to the Town Board at their last meeting and she questioned why they denied referring it to the Planning Board. Ms. Klieman noted that she had met with the town’s planning consultant, she lives in the proper “R” district, and she meets all the home occupation regulations. Supervisor Piotrowski suggested that Ms. Klieman stay after the meeting to discuss this with the board members or contact them individually tomorrow. TOWN RETIREE QUESTIONS CHANGE IN HEALTH INSURANCE Hervey Sherk, Ansley Court, retired town employee, asked who was in charge of or who could answer questions about the retirees’ health insurance benefits. Supervisor Piotrowski advised Mr. Sherk to go to the Town Comptroller’s office. Mr. Sherk stated that he went to the Town Comptroller’s office, but they informed him they were no longer in charge of it. Comptroller Robert Bielecki questioned if Mr. Sherk was referring to the new health insurance policy. Mr. Sherk stated that he was never notified of a new health insurance policy. He was under the assumption that nothing could be changed unless he was notified of it and had a choice. Mr. Bielecki stated that there were ongoing meetings on the health insurance and he was not aware if everything had been settled. Councilwoman Bove stated that Mr. Sherk would be notified of a meeting scheduled for April 23, 2009.
ISSUES OF THE PUBLIC TOWN RETIREE QUESTIONS CHANGE IN HEALTH INSURANCE (continued) Mr. Sherk was not happy that his health insurance had been changed without his knowledge and stated that in the past he was always notified prior to any changes being proposed. He questioned who proposed these changes. Councilwoman Bove responded that the Town Board signed an agreement with the Labor Management Health Care Fund and she was part of the negotiations. Mr. Sherk stated that in the past the retirees were given a choice to stay with their current policy or go with whatever was being proposed. They were not given a choice this time and the Town Board did not have the authority to do that. Councilwoman Bove stated that the retirees still had the same plan they previously had for health insurance. Blue Cross/Blue Shield was still the health care provider. Mr. Sherk stated that Blue Cross/Blue Shield was no longer the provider for prescriptions and the Town Board did not have the authority to change that without asking the retirees first. Councilwoman Bove advised that all three unions agreed to the change and signed the agreement with the Town Board. Mr. Sherk noted that when a town employee retires they are grandfathered in to the benefits in effect at the time of retirement and the Town Board could not change it without their approval. He questioned if the change was going to cost the retirees more money and if it was saving money for the town. Councilwoman Bove responded that it will save money for the town and the retirees will have the same health care plan as before. Mr. Sherk questioned why the retirees were not notified. Councilwoman Meegan stated that the Labor Management group was acting more or less as a Human Resource Center for the employees. This will stop the foot traffic in and out of the Comptroller’s office and the Labor Management group will handle all the health care questions the employees and retirees have. If they do not answer their questions, they should then approach one of the Town Board members. Councilwoman Meegan apologized that the retirees were not notified of this action. Mr. Sherk stated that he went to pick up a prescription today that he normally pays $1 for and it cost him $25. Councilwoman Meegan understood that this would be reimbursed by voucher. Councilwoman Bove suggested that Mr. Sherk call her and if there is anything different from what he normally did she would find out why and take care of it with Labor Management. DEVELOPMENT OF ROLLING RIDGE SUBDIVISION Kevin Arndt, 25 Morris Crescent, stated that he lives in the Rolling Ridge subdivision and understands that Marrano/Marc Equity has no intentions of finishing the development this year. He was concerned about the safety of the children with buses not being able to travel on the road and asked for the board members’ help.
ISSUES OF THE PUBLIC DEVELOPMENT OF ROLLING RIDGE SUBDIVISION (continued) Mike Bielinski, 38 Morris Crescent, also expressed safety concerns with the unfinished development. There were no turnarounds so the school buses would not travel the road and he questioned whether a fire truck would be able to access the properties. Mr. Bielinski stated that even construction vehicles and snowplows had a difficult time turning around and often used his driveway. There was only one entrance to the development when there was supposed to be two and the development had been under construction since 2005. Mr. Bielinski noted that the Planning Board minutes from 2005 specified that temporary cul-de-sacs should be installed during the construction phase. Councilwoman Meegan stated that she was in touch with the attorney representing Marrano/Marc Equity and questioned him about the 100 square feet of millings. They had a call into the project manager and hoped to have an answer by Wednesday or Thursday. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PUBLIC HEARING ON AMENDMENT TO SITE PLAN ORDINANCE Town Attorney Edwin Hunter stated that he was asked to revise the Site Plan ordinance with respect to the filing time period and the site plan waiver. The notice of public hearing was not given in time for this meeting, but it should be on the next Town Board agenda. STATUS OF BURCHFIELD BOND Councilwoman Meegan questioned how much was left on the balance of the Burchfield bond, noting that the article in the West Seneca Bee stated that it was paid for. Comptroller Robert Bielecki advised that there was approximately $400,000 left on the bond. COUNCILMAN GRABER COMMENTS ON BNAC/AMERICORPS DISCUSSION Councilman Graber referred to the earlier discussion on the BNAC and stated that there was a lot of valuable information shared. He listened to everything and although he did not agree 100 percent, he agreed with a lot of it. Councilman Graber stated that the town had a legal contract until December 31, 2011 so there would not be individual art rooms at the BNAC before that, but that was always a possibility afterward. They did not know where AmeriCorps will reside when the contract expires and they might willingly leave West Seneca, but Councilman Graber thought there were a lot of intangible benefits the town received by having them and he hated to see that lost. He noted that President Obama indicated he wanted to triple AmeriCorps across America and Congress agreed, and even people that don’t like having AmeriCorps at the BNAC agree with the value of AmeriCorps and the good things they’re doing. Councilman Graber thought that many improvements had been made since the grant administration agreement was signed last June, but they were not done yet and they were still learning. He stated that when AmeriCorps first came to West Seneca no one ever envisioned that the town would be in arrears from advancing over $3 million, but Mark Lazzara was very successful at getting grants. When Supervisor Piotrowski and Council Members Meegan and Clarke were elected they wanted some changes made, and those changes were made. There will be a clear separation on December 31, 2010 and on December 31, 2011 the agreement for AmeriCorps occupying the BNAC will also expire.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS UPDATE ON FISCAL STATUS Supervisor Piotrowski stated that a year ago he and Comptroller Robert Bielecki instituted a new policy and procedures and set up a new timetable on the budgeting process because budgeting must take place all year, not just at the end of the year. At the department head meeting held this date, the town’s independent auditor, Wayne Drescher, made a presentation about the budget and there was no good news at any level of government. Mr. Drescher indicated that there were many 2010 budget issues that will make this one of the most difficult budgets the West Seneca Town Board will ever have faced. On the revenue side, sales tax was down $75,000 in the first quarter of 2009, so not only were they dealing with preparing the budget for 2010, they were having to make adjustments in the 2009 budget as well. Mr. Drescher projected up to a $300,000 difference in the sales tax. Interest income was also down this year because interest rates were affected by the economy and Mr. Drescher was estimating a $200,000 difference. For 2010, Mr. Drescher warned about wage increases pursuant to the contracts that will total over $400,000, retirement benefits, and the bill that will be issued by NYS that will be anywhere between $360,000 and $900,000 that the town will have to take into account. There was also an increase in health insurance premiums, which if it is at a modest 10 percent will be $400,000, and there are standard changes in social security and utility costs. Supervisor Piotrowski stated that the Town Board was faced with a difficult duty and they were working at it on a daily basis. They also charged the department heads to look at their expenses and revenues and make the appropriate adjustments. ADJOURNMENT Motion by Councilman Graber, seconded by Councilwoman Meegan, to adjourn the meeting at 9:45 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |