West Seneca Town Board Meeting Minutes 06/15/2009
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. 10-A MINUTES TO BE APPROVED
10-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 AN AMENDMENT TO THE SPECIAL PERMIT FOR PROPERTY LOCATED AT 1370 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 394, FOR CONSTRUCTION OF 20 ADDITIONAL APARTMENT UNITS” 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 May 14, 2009 meeting, the Planning Board recommended amending the special permit for property located at 1370 Southwestern Blvd., being part of Lot No. 394, to include two additional parcels for construction of 20 additional apartment units for a total of 68 units. The Planning Board further recommended a negative declaration for the SEQR process.” Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, Young Development LLC, and stated that this project was an expansion of the existing 48-unit apartment complex, Fox Trace, that was approved by the Town Board three years ago. All those apartments were rented and Mr. Young had now acquired 1.62 acres along side the apartment complex and would like to add two 8-unit and one 4-unit apartment buildings. The property is zoned C-1 and would need a special permit for the additional units. Mr. Lorigo indicated the proposed expansion of the detention pond on the plans. At the Planning Board meeting, one of the neighbors spoke about buffering between the residential homes and the apartments, but the Planning Board chose to reserve those comments for the site plan review process. Mr. Lorigo noted that Mr. Young was the owner of Seasonal Landscaping, so buffering was not an issue with his projects in the past. A variance will be required for density, but with the additional parcel the density is approximately the same as the existing project. No comments were received from the public.
10-B LEGAL NOTICES 1. (continued) Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to amend the special permit for property located at 1370 Southwestern Blvd., being part of Lot No. 394, to include two additional parcels for construction of 20 additional apartment units for a total of 68 units.
*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 AN AMENDMENT TO CHAPTER 102 OF THE WEST SENECA TOWN CODE, §102-9, SITE PLAN REVIEW” in the Town of West Seneca, be received and filed.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Town Attorney Shawn Martin stated that this amendment was inadvertently left off at the previous meeting when the site plan review ordinance was amended. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to amend Chapter 102 of the West Seneca Town Code, §102-9, Site Plan Review, concerning the number of copies and time frame for submission of an application.
*APPENDICES* The Town Board addressed Communications Item #22 on the agenda at this point of the meeting. Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate William Leitzel as Police Officer effective June 18, 2009 and appoint William Leitzel as Police Lieutenant effective June 18, 2009 at an annual salary of $77,278.25 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10-C TABLED ITEMS 1. Credit card policy Remained on the table.
10-D COMMUNICATIONS 1. Supervisor Piotrowski re Special election results
Motion by Councilman Graber, seconded by Councilwoman Bove, to receive and file this item. On the question, Supervisor Piotrowski stated that the town was currently in the petition process for designating individuals for local elected positions. He drafted the following resolution with regard to the Town Board adopting the results of the June 3, 2009 election since downsizing is a passionate issue in the community and the majority of the Town Board decided not to put an effective date into the language of the proposition as the Town of Evans did. Supervisor Piotrowski was concerned whether petitions for filing for the position of councilman would be included in this year’s ballot if that was the intention of the majority instead of following through on the overwhelming vote of the public to downsize. The issue was what will happen if the Erie County Board of Elections (BOE) decides that the position should be on the ballot in 2009. After his numerous calls to the BOE were not returned, Supervisor Piotrowski drafted a letter to them requesting their interpretation of the word “adopted,” their advice to the political parties in West Seneca for endorsing and circulating nominating petitions for councilmanic candidates, and their determination on Section 84(a)-8 concerning absentee ballots for the election. He received no response from either elections commissioner. Supervisor Piotrowski was also concerned about potential litigation and what will happen in September and November if the court determines that the positions should be on the ballot this year. If a decision by the court or the BOE takes place after July 16, 2009, the political party chairman of the town will decide who will appear on the November ballot, so the residents will not have a choice in a September primary who will be their political party’s designee for the November election. Supervisor Piotrowski stated that the majority on the Town Board continues to fight to not give the residents a say in their town government as they did last year when they fought the petition process and delayed scheduling the election until the last minute. He thought the board members should take a position to adopt the will and the vote of the West Seneca residents and downsize the Town Board this year. Town Attorney Shawn Martin stated that he reviewed this issue last week and called Elections Commissioner Ralph Mohr for his determination of what the word “adopted” meant, but he had not yet received a return phone call. Mr. Martin reviewed Article 6 of the Town Law that governs special elections, but there is nothing in it that specifies the time frame. He also searched Section 29, 30 and 64 of Town Law dealing with the powers and duties of the Supervisor, Town Board, and Town Clerk, and it was his opinion that this issue should be determined by the BOE. Supervisor Piotrowski thought that political shenanigans were going on and the issue would be delayed until after July 16, and that will prevent the voters from having a choice as to who the candidates will be. Councilwoman Bove stated that the Town Board had no authority on this issue. Elections are handled by the BOE or the Town Clerk and she did not want Supervisor Piotrowski to use town government to lay ground work for another lawsuit. Supervisor Piotrowski responded that he did not lay the ground work last year for the lawsuit. That was handled by Councilwoman Bove and the majority that did not want to give the voters their right to choose the size of their government. The Town Board could have adopted a resolution putting it on the ballot in November and not cost the town any money. Supervisor Piotrowski stated that the Town Board had a right to express an opinion as to whether the special election took effect this year or in 2011. The voters wanted it in 2009 and it should have been included in the ballot proposition, but it wasn’t included so the issue would be kept hazy and people could be put in office without the voters having a right as to who those people should be.
10-D COMMUNICATIONS 1. (continued) Councilman Clarke commented that Supervisor Piotrowski was making a circus out of the Town Board. It was not the majority on the Town Board that brought the lawsuit and he did not understand why Supervisor Piotrowski kept saying that. Councilman Clarke further stated that the majority did not bring two people in front of the Democratic Committee to be endorsed for councilman the way Supervisor Piotrowski did. He thought Supervisor Piotrowski was the one with the shenanigans.
2. Supervisor Piotrowski re St. John Vianney 9th Annual 5K “Kickoff” Run Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of St. John Vianney Church to hold their annual 5K Run on July 23, 2009 beginning at 6:30 P.M.
3. Town Engineer re Bid date for Sanitary Sewer Repair Contract Motion by Councilman Graber, seconded by Councilwoman Meegan, to set a bid date of July 20, 2009 at 10:00 A.M. for receipt of bids on the Sanitary Sewer Repair Contract, Job No. S-0906.
4. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $5405 to Milton Cat for repairs to generator.
5. Highway Supt. re Appointment of two laborers in Sanitation Department Motion by Councilman Graber, seconded by Councilwoman Bove, to appoint Brandon Sedlacek as laborer in the Sanitation Department at a rate of $16.95 per hour effective June 15, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Appointment of summer help in Highway Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the following part-time seasonal laborers as summer help in the Highway Department at a rate of $7.15 per hour effective May 18 thru September 4, 2009: David Baker and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10-D COMMUNICATIONS 7. Highway Supt. re Termination of part-time seasonal laborers in Highway Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Aaron Hausberger and Thomas Styn as part-time laborers in the Highway Department effective June 8, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Highway Supt. re Appointment of Joseph Sherman as part-time seasonal laborer in Highway Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item.
9. Highway Supt. re Appointment of summer help in Buildings & Grounds Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the following part-time seasonal laborers as summer help in the Buildings & Grounds Department at a rate of $7.15 per hour effective May 18 thru September 4, 2009:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10. 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:
11. Chief Gehen re Retirement of Detective Captain Jack Daley Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Detective Captain Jack Daley and terminate him effective June 28, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Captain Daley served the Town of West Seneca for more than 36 years.
10-D COMMUNICATIONS 12. Comptroller re Professional actuarial services Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the proposal from First Niagara Benefits Consulting for a “not to exceed” price of $7000 for providing actuarial services required under GSAB 45, noting that this valuation will be required to complete the 2008 financial statement audit.
13. Comptroller re Budget account code corrections Motion by Councilman Graber, seconded by Councilwoman Meegan, to correct the following typographical errors that appear in the budget:
14. Comptroller re Budgetary transfer requests Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the attached budgetary transfer requests.
*APPENDICES* 15. Grant Consultant re Grant application for energy efficiency improvements Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt the attached resolution requesting $181,800 in grant funding for energy efficiency improvements. On the question, Councilman Graber thanked Highway Supt. Matthew English, Grant Writer Connie Miner, and Bldgs. & Grounds Supt. Steve Amoia for their work on this grant. The air conditioning units in Town Hall were very inefficient and used a lot of electricity. Replacing them will improve the cooling and heating in Town Hall and reduce the energy use.
*APPENDICES* 16. Recreation Director re Part-time employees Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Rene Hatch as a Bus Driver and Angela Lewis as a Recreation Attendant effective June 1, 2009 and appoint Jennie Hanner as part-time seasonal Bus Driver at a rate of $10.60 per hour and Chelsea Dustin as part-time seasonal Recreation Attendant, at a rate of $7.15 per hour effective June 26 – September 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10-D COMMUNICATIONS 17. Recreation Director re Change of effective dates for youth theatre employees Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the effective dates for Kathleen Kogut and Candace Kogut from June 14, 2009 to July 3, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
18. Director of Senior Services re Status change for seasonal employees to part-time Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time seasonal employees to part-time effective May 29, 2009: Virginia Antos, Clerk Typist and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Director of Senior Services re Status change for part-time Van Driver John Fector to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Van Driver John Fector to part-time seasonal effective June 16 – November 16, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Town Clerk re Young Development Inc. rezoning & special permit request Ralph Lorigo represented Bryan Young of Young Development and stated that Mr. Young recently acquired the building at 4060 Seneca Street. The 7100 sf building was zoned C-1 and Home Office was located in a portion of it. Mr. Young had a potential tenant that would like to open an upscale, sit down, gourmet Chinese restaurant. They would occupy 3000 sf of the building and planned to invest approximately $300,000 on the interior. A C-2(S) zoning was required for this restaurant. Motion by Councilman Graber, seconded by Councilwoman Meegan, to refer the Young Development Inc. rezoning & special permit request for 4060 Seneca Street to the Planning Board for their review and recommendation.
21. Comptroller re Attendance at training conference Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Linda Kauderer, Dennis Luterek, and Joanne Krakowski to attend the 2009 KVS Summer Training School & Conference to be held August 17 – 19, 2009 at the Amherst Marriott Hotel at a cost not to exceed $1425.
10-D COMMUNICATIONS 23. Chief Gehen re Status change for part-time Public Safety Dispatcher James McCullough to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher James McCullough to part-time seasonal effective June 1 – 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
24. Town Attorney re Bid date for weekly curbside collection of recyclable materials Motion by Councilman Graber, seconded by Councilwoman Meegan, to set a bid date of July 20, 2009 at 10:00 A.M. for receipt of bids on the weekly curbside collection of recyclable materials.
10-E REPORTS ISSUES OF THE PUBLIC DOWNSIZING ISSUE Daniel Warren, 836 Indian Church Road, stated that now that the citizens of West Seneca decided to eliminate two board members, it was time for all concerned citizens to step forward and fill the void that will be left. It will be easy for those that opposed the downsizing to sit back and wait and say, “I told you so,” but Mr. Warren questioned if it was worth watching the town suffer the negative effects of the action. Mr. Warren commented that the Town Board and citizens should take steps to mitigate or eliminate any negative effects and suggested creating citizens’ advisory committees with members that will serve in an uncompensated capacity. He referred to the West Seneca Environmental Commission and noted that the Town Board has not utilized them to their full potential, but it was important that they do so in the future. Mr. Warren thought it was important to have a fixed, non-partisan process to select citizens to serve on the committees. Interested citizens should be required to register for possible selection, be canvassed for their willingness to serve on a particular committee, and be selected by lottery if there are more citizens willing to serve than there are seats to be filled. Mr. Warren urged the Town Board to take steps now to ensure that the citizens are fully informed of the affairs of the town. He suggested the following: a local open meetings ordinance with a citizen enforcement provision that provides for removal of officers with repeated violations; more information on the town budget along with a four year future projection similar to what the county now has to produce; a comprehensive ethics code with a citizen enforcement provision; a wage freeze for elected and appointed officials not covered by collective bargaining agreements, at least at their current levels if not at decreased levels until a citizens’ salary review committee can be established. Mr. Warren stated that he looked forward to working with other citizens and the Town Board to affect these and other changes in governance to secure the town’s future. Karen Lucachick, 61 Greenmeadow Drive, agreed with Mr. Warren’s comments and suggestions and asked for clarification on Item #1 on this meeting’s agenda and the significance of July 16th.
ISSUES OF THE PUBLIC DOWNSIZING ISSUE (continued) Supervisor Piotrowski responded that July 16th was the last day to file designating petitions for any elected office. If no petitions are filed for an elected office, then the political parties select the candidates to be on the ballot in November. Supervisor Piotrowski was concerned that if the Erie County Board of Elections (BOE) decides after July 16th that there should be a councilmanic election this year or if there is litigation and a Judge decides there should be a councilmanic election this year, the voters will not have a choice in who the candidates will be because the Primary process will have passed. Mrs. Lucachick could not understand the benefit in not establishing a date for the downsizing to take effect. Although she was not in favor of downsizing, the people spoke and Mrs. Lucachick thought they should abide by what the people wanted. PLANNING FOR FUTURE OF TOWN Karen Lucachick, 61 Greenmeadow Drive, referred to a recent news article concerning the sale of Houghton College and questioned if there had been any discussion on what the town might possibly do with that land and also the large parcel of land where the West Seneca Developmental Center is located. She suggested that the Town Board start planning the future of the town. AMERICORPS CREDIT CARD POLICY AND OTHER ISSUES Karen Lucachick, 61 Greenmeadow Drive, questioned if all the credit cards had been retrieved from the AmeriCorps. Comptroller Robert Bielecki responded that the AmeriCorps had not turned in all the credit cards. Mrs. Lucachick questioned why the Town Board was hesitant to have AmeriCorps turn in all the credit cards and did not want to see the town incur any more debt through them. Councilwoman Meegan stated that the credit card policy had been tabled by the board members for some time and she asked that they adopt it at this meeting; however, some of the board members wanted further explanation from the NYS Comptroller. She would be setting up a meeting as soon as possible to get them whatever further explanation they required. Councilwoman Meegan further noted that they did not have to retrieve the credit cards and could simply have them cancelled. Paula Minklei, Orchard Park Road, questioned the balance currently owed by AmeriCorps. Mr. Bielecki responded that the current balance was approximately $2.7 million and they had not received a payment in a while. Mrs. Minklei thought the logical thing to do with the outstanding credit cards was to cancel them. She questioned if Youth Director Mark Lazzara still submitted requests for reimbursement under the Burchfield account. Mr. Bielecki stated that there could be invoices submitted under the Burchfield youth account, but Mr. Lazzara did not have access to the other Burchfield accounts. Amy Carpenter, 406 Woodward Crescent, stated that she had asked at a previous Town Board meeting how the space at the Burchfield Nature & Art Center (BNAC) was allocated and no one had an answer for her. She questioned if any of the board members had found an answer to this question.
ISSUES OF THE PUBLIC AMERICORPS CREDIT CARD POLICY AND OTHER ISSUES (continued) Supervisor Piotrowski stated that there is one office for the Burchfield group and they are allowed use of the work space as needed and foyer space for their displays. AmeriCorps has the remainder of the building and uses the work space also. CAPITAL PROJECTS Amy Carpenter, 406 Woodward Crescent, questioned if there were any private citizens on the Capital Projects committee, what types of capital projects were being looked at this year, if a new police station was planned for the future, and if not, could it be added. Councilman Graber, Chairperson of the Capital Projects Committee, advised that there were no private citizens on the committee. The capital projects planned included road reconstructions and sewer reconstructions. A new police station was not on the list and it could be added but the cost was high. Chief Gehen was working on securing possible funding from the Recovery Act, but the Town Board was very hesitant to make a move on a new police station due to the cost. Mrs. Carpenter questioned the status of the ice rink and the study of its life expectancy that was supposed to take place. Councilman Graber advised that a study was presently being conducted by the Ice Rink Review Committee. An outside agency was recently hired to do a complete analysis, including expected life, expected costs of rehabilitating the existing rink, adding another ice surface, and a complete new single or double rink in the present location or elsewhere. This information will be available in September. Mrs. Carpenter suggested that sufficient parking for all the uses and activities at Town Hall be incorporated in the plan. She further questioned if a police station would be prioritized over an ice rink. Councilman Graber stated that Supervisor Piotrowski and the other board members each prioritized things their own way, but he thought a police station was a priority due to the 24/7 nature of its use. Chief Gehen thanked the public for their comments about the police station and was appreciative of the support. He offered to meet with anyone that wanted information pertaining to his suggestions and recommendations on this issue and noted that he had shared his thoughts with the past and current Town Board. Police officers were being hampered by the lack of space and the citizens were being hampered by an inadequate facility that posed certain risks. FOIL REQUEST PROCEDURE Paula Minklei, Orchard Park Road, referred to the May 18th Town Board meeting and a request that Town Attorney Shawn Martin develop a viable procedure for Freedom of Information (FOIL) requests. She questioned the status of this request. Supervisor Piotrowski responded that the board members and Mr. Martin were working together on this issue. FOIL requests were still being accepted and processed, but they wanted to develop a procedure that applied for each of the departments.
ISSUES OF THE PUBLIC COMMITTEE REPORTS Paula Minklei, Orchard Park Road, referred to the various committees appointed at the annual reorganization meeting and questioned if there were reports from each of the committees. Supervisor Piotrowski responded that some of the committees that met submitted reports, but some only met on an as needed basis. Any reports prepared were submitted to his office and the Town Attorney’s office. Mrs. Minklei suggested that these reports be provided to the public for information purposes. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TOWN BOARD MEETINGS SCHEDULED
Councilwoman Bove stated that she was discussing the number of meetings for the summer and noted that there was only one scheduled for the end of July and one for the end of August. The Town Board would be working on the budget and there was much work to be done, so she suggested additional meetings for the summer. Motion by Councilwoman Bove, seconded by Councilman Clarke, to schedule additional Town Board meetings for the summer as follows:
TITLE CORRECTION FOR YES DIRECTORS Councilwoman Bove stated that she received a call from Erie County Personnel stating that they were trying to correct titles and she might have misunderstood a title change for the YES directors. They were appointed as Recreation Attendants and it should have been Youth Counselors. Motion by Councilwoman Bove, seconded by Councilman Graber, to correct the title for the YES directors from Recreation Attendants to Youth Counselors and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
MERGER OF RECEIVER OF TAXES’ AND TOWN CLERK’S OFFICE Motion by Councilwoman Bove, seconded by Councilman Clarke, to schedule a public hearing for July 13, 2009 at 7:30 P.M. to discuss merging the office of Receiver of Taxes with the Town Clerk’s Office.
PROPOSED HIRING POLICY Councilman Clarke commented on nepotism and suggested that the Town Board adopt a policy that no elected officials’ relatives will be hired during their term of office. Councilwoman Bove suggested that Town Attorney Shawn Martin review the Code of Ethics on this issue and schedule a public hearing for the July 27th Town Board meeting.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS ADJOURNMENT Motion by Councilman Graber, seconded by Supervisor Piotrowski, to adjourn the meeting at 8:35 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |