West Seneca Town Board Meeting Minutes 07/13/2009

11-B   HELD OVER PUBLIC HEARING

Re: “A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 1416 & 1420 RIDGE ROAD, BEING PART OF LOT NO. 289, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR OPERATION OF STRAIGHT LINE SEALING BUSINESS” in the Town of West Seneca.                (Stephen D. Donahue)

Town Attorney Shawn Martin noted that this item was addressed at the May 18, 2009 Town Board meeting and the public hearing was closed at that meeting.

Attorney Ralph Lorigo represented the petitioner Stephen Donahue and stated that they had applied to the Zoning Board of Appeals for a variance and appeared at their meeting last week, but the request was denied. Mr. Lorigo requested that the Town Board table this item to allow him an opportunity to meet with the neighbors and attempt to resolve their issues.

Councilwoman Bove questioned if Mr. Lorigo had attempted to contact the neighbors.

Mr. Lorigo responded that he had not had the opportunity to contact them since the Zoning Board meeting, but he intended to get a list of their names from Town Clerk Patricia DePasquale and meet with them to see if there is any compromise possible. Mr. Lorigo noted that this was a seasonal business that only operated six months out of the year and there were a lot of restrictions Mr. Donahue was willing to agree to. It was extremely difficult to find C-2 zoning locations within the town to run this type of business.

Councilman Clarke stated that he understood agreements with the neighbors meant nothing because once the zoning is changed Mr. Donahue can do whatever is allowed under that zoning.

Mr. Lorigo advised that they could file deed restrictions against the property and he had other ideas that might be acceptable to the residents and the board members. The special permit restriction can limit where the dumpster is located, how the building will look, etc. Site plan approval can also place restrictions on the property. Both of these would enforce any agreement made with the neighbors.

11-B   HELD OVER PUBLIC HEARING

Councilman Graber asked that the meeting with the neighbors be documented, including all the questions of the citizens and the answers from the petitioner so it is in writing and there is not a lack of communication.

Mr. Lorigo agreed to document the meeting in writing.

Councilman Graber stated that if any of the neighbors attend the meeting and chose not to voice their points of view to Mr. Lorigo, they can still feel free to contact any member of the Town Board to express themselves.

Councilwoman Meegan stated that based on the way Mr. Lorigo handled the meeting with the residents concerning the Kentucky Fried Chicken project, she was confident he would listen to the residents and try to address their concerns.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to table this item until the August 24, 2009 Town Board meeting.

11-C   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 117 FRENCH ROAD, BEING PART OF LOT NOS. 13, 32 & 33, CHANGING ITS CLASSIFICATION FROM C-1 AND R-100A TO R-50(S), FOR A 47-UNIT SENIOR HOUSING FACILITY” in the Town of West Seneca, be received and filed.                   (People, Inc.)

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

Supervisor Piotrowski read the recommendation of the Planning Board: “At its June 11, 2009 meeting, the Planning Board recommended denial of the request for a rezoning & special permit for property located at 117 French Road, being part of Lot Nos. 13, 32 & 33, changing its classification from C-2 & R-100A to R-50(S), for a 47-unit senior apartment facility, based on the project not conforming to the Master Plan.”

Jocelyn Bos, Director of Housing for People Inc., stated that she appeared before the Town Board about one year ago when they were putting together their application for HUD 202 funding for qualifying seniors. The income restriction was $20,400 for one person or $23,300 for two people. People Inc. received notification of funding in January 2009 and there was only one other project funded in Western New York west of Rochester. This grant was specifically granted due to the needs that HUD felt the Town of West Seneca had. All the other projects, 350 units of senior housing, went to New York City, Staten Island, and Rochester. The proposed project is for 46 one-bedroom apartments and one two-bedroom apartment for a 24/7 live-in caretaker. Since the project was originally proposed, the building was reduced to two-story and moved back to 149.5 feet from the road to provide more green space and allow them to deed restrict the front 100 feet of the property. Ms. Bos noted that individuals that will reside in these apartments will pay 30 percent of their adjusted income. The average rent being paid at Burchfield Commons in West Seneca was $280 per month. The difference between what HUD establishes the rent to be is made up with the Section 8 subsidy that goes to the tenant plus a utility allowance that helps them pay their monthly

11-C   LEGAL NOTICES

1.    (continued)

electric bill. Construction costs were estimated at $5.1 million and the time frame for completion was 10 months. The contractor estimated employing ten individuals during the preliminary phase, 55 during the middle phase of five months, and 20 during the finishing phase. Material costs will be approximately $2 million. Upon completion, the project will employ a full-time site manager, a full-time maintenance person, and a live-in caretaker. People Inc. will provide transportation to shopping and other activities. Ms. Bos presented an updated market study indicating there were 2547 individuals in West Seneca that were 62 years of age or older and income eligible and 1511 of them were homeowners. Burchfield Commons had a waiting list of 80 individuals and there were also 22 West Seneca residents on the waiting lists at their other facilities in Hamburg and Orchard Park. Ms. Bos stated that People Inc. was exempt from county, town and school taxes, but they did pay special district taxes. Last year Burchfield Commons paid $10,770 in special district taxes and so far this year paid $6395. She noted that about 30 percent of the seniors that move into this type of complex are coming from their own homes and receive a reduced rate on their property taxes, so when their home is sold to a young person, they pay a higher amount in taxes. Ms. Bos referred to the issue of fire calls at these facilities and stated that Burchfield Commons averaged 15.2 calls over the last three years for 50 individuals. They were more than willing to pay a fire district special tax and/or pay a reasonable amount per call. Ms. Bos stated that they were not a nursing home or assisted living facility which tended to have the highest volume of calls. They had offered to have a neighborhood meeting and had sent out 16 invitations from a list given to them by Town Clerk Patricia DePasquale, but no one came to the meeting.

Attorney Tracy Harringer, General Counsel for People Inc., referred to the town’s Comprehensive Plan and stated that People Inc. was not a private developer; they were a not-for-profit organization that tried to look out for certain elements in society. They were trying to take advantage of a very unique opportunity that may not come this way again, considering the current federal budget and the competition for grants. If they do not get approved for this site it may be the end of this grant, because every time they change sites they have to go back to HUD and go through the process again. Mr. Harringer stated that the Comprehensive Plan makes many references to seniors in West Seneca. The only population group that increased from 1990 to 2000 was the age over 65, and it now comprised 8.2 percent of the town’s population, having increased 17 percent during that time. This was consistent with HUD’s view as to why they granted the funding for this area. Mr. Harringer stated that the Comprehensive Plan (the “Plan”) also talks about the demands for additional housing and a trend towards smaller households, and this project met those needs and was consistent with the Plan. The Gardenville heritage area was discussed in the Plan and it required further action by the Town Board, but he did not believe there had been a zoning change or any action on that item so the current commercial zoning and R-100 remains. Mr. Harringer noted that the R-100 zoning allowed for operations that could have a significant impact on the residents across the street from this property, including agricultural operations, animal hospitals and kennels, radio towers, commercial picnic groves, schools, etc., so the requested zoning was actually a lower zoning classification. They were willing to deed restrict or stipulate that there will be no buildings in the 100 feet of frontage along Clinton Street. The building will be moved back as far as possible and provide a buffer for anything on French Road where the commercial zoning is located and the Niagara Mohawk power lines to the east. The project will have a very minimal impact visually and also with regard to vehicle traffic. Mr. Harringer could not think of a less irritating neighbor. The residents had expressed concerns about drainage issues and this project will actually improve their situation.

Councilwoman Meegan stated that the residents had some concern about the sewer issues and the overflow.

Mr. Harringer stated that they had talked to the Engineering Department and understood that it would not affect capacity and would not be an issue.

11-C   LEGAL NOTICES

1.    (continued)

Patricia Bittar of Wm. Schutt & Associates stated that she was in contact with Matt Salah of Erie County Sewer District #1 and there was adequate capacity in their system. The proposal was to connect into an existing 27” trunk line that runs along the west side of the building. The parcel is 5.5 acres and there will be an on-site retention area in the southwest corner to handle storm water. They must look at any storm water coming onto the site from other areas along with whatever storm water the proposed site will generate and make sure that the controlled discharge is at or less than what is presently coming off the site. The building and parking will impact about two acres of the parcel, but the number of parking spaces indicated on the plan was according to Town Code and they actually needed less than half of that which would further reduce the impervious surface and related runoff. They would also enlarge the retention pond as much as possible to decrease the amount of runoff and aide whatever storm drainage problem exists in that area.

Gene Jerge, 159 French Road, opposed the project due to its tax exempt status and referred to the Canisius project on Clinton Street that was also tax exempt. He further commented on the drainage problem and stated that the ditch on his property always has water in it and the proposed retention pond will draw more mosquitoes to the area. Mr. Jerge thought the project would decrease the value of the neighbors’ homes and place a burden on the fire department. He suggested that they find another location for the project.

Andrea Vero, 2290 Union Road, lives in Burchfield Commons and stated that the majority of residents that live there feel very secure and are able to afford the rent that is offered. She commented that People Inc. is always on top of everything the residents do and make sure that they are safe and protected.

Barb Tokasz, 2783 Clinton Street, lives across the street from the proposed project and stated that the sewer problem has existed since 1964 when the town allowed the residents to go off the septic systems into the sewer. At the time, Bob Jacobs did not put a shut off on the stationary tub and the water backed up and flooded their basement. Mrs. Tokasz contacted the Engineering Department and someone came to her home to look at the situation and told her to call a plumber and have a shut off valve installed. Now every time it rains if the valve is not shut off sewer water comes through the stationary tub. Mrs. Tokasz stated that there are no storm sewers on Clinton Street and the residents pay high taxes, but People Inc. will be tax exempt. She suggested that single family homes be built on the property instead of the proposed project.

Brian Przybyl, 121 French Road, referred to the nursery located behind the proposed facility and stated that their access from Clinton Street will be eliminated, their parking lot will be reduced to half its size, and commercial traffic inflow from Clinton Street will be moved to French Road, but trucks are not allowed on French Road. He further commented on the drainage issue and stated that this should be addressed for the tax paying residents of the area. Mr. Przybyl suggested that the town start encouraging businesses to locate here, opportunities for employment and opportunities for younger people moving in.

Jessie Kochesberger stated that she is a senior citizen, was in favor of this type of senior housing, and has been on a waiting list for over one year. She was currently renting a home but was unable to take care of it properly and was anxiously waiting to move into Burchfield Commons or a similar type housing.

David Swift, 3089 Clinton Street, stated that he was also a senior citizen and has lived in his home for 45 years and fought for his home and the neighborhood over the years. He asked that the board members consider the residents in the area that have lived in their homes for many years and pay taxes.

11-C   LEGAL NOTICES

1.    (continued)

Brian Doster of West Seneca Fire District #2 stated that the fire district was opposed to changing the zoning for this property because of the impact it will have on Union Fire Company. They have been doing more and more with less and less and there was concern that they may have to change to a paid department. Mr. Doster referred to another fire company in Rochester that has a $7.5 million budget and 70 percent of it goes to wages for paid personnel. There are six other facilities of this type in the fire district already and they have had a tremendous impact on the fire service. Mr. Doster agreed that senior housing was needed but thought another location should be chosen to relieve some of the burden on Union Fire Company.

Supervisor Piotrowski questioned if the Board of Fire Commissioners of West Seneca Fire District #2 was considering paying the fire company volunteers and if this was discussed at a public meeting.

Mr. Doster responded that there had been some discussions about having to go to a paid company but not at a public meeting.

Councilman Graber questioned if they had considered releasing some of the responsibility to another fire district such as Winchester Fire Company.

Mr. Doster stated that Union Fire Company had a responsibility to the people in their district, but other companies do respond when they are short on manpower.

Councilman Clarke stated that recruitment is a problem in the fire service and there are times when there are two or three calls per day, which places a big burden on the volunteers that are left.

Mr. Doster stated that last year there was about 250 calls to the six facilities in their district and they only have 25 to 30 active volunteers.

Evelyn Hicks, 276 Seneca Creek Road, agreed that the Comprehensive Plan talked about the need for additional senior housing in town, but stated that it also specifically refers to Clinton Street west of Inter Drive in Section 5 of the Recommendations & Implementation and suggests “rezoning as much of the undeveloped M-1 district to a new district that encourages low density land uses such as agricultural related commercial, smaller scale retail, outdoor recreation, and agri-tourism. Allowed uses should be compatible with the open, less intensely developed character of the area. High density residential development or large scale commercial retail should not be allowed in this area.” Mrs. Hicks also thought the Town Board should look at the entire Majeski parcel and not just the portion where the proposed project would be located. Rezoning just a portion would be spot zoning and may make the rest of the parcel unusable and become an eyesore for the town. She understood there were problems with the property and it may go into foreclosure. Mrs. Hicks also thought the impact on the fire company was a valid concern and suggested that the Town Board work with People Inc. to find a good place in town for this type of development.

Raymond Perry, 2290 Union Road, stated that he has lived at Burchfield Common for six months and is very happy there. He understood that the neighbors would not want this project considering their sewage problem, but senior housing was still a necessity. Mr. Perry further stated that the residents at Burchfield recently held a barbeque and invited Union Fire Company to attend, so they were giving back to the community in some way.

11-C   LEGAL NOTICES

1.    (continued)

Ed Doruszewski, 91 Lakeside Drive, stated that 42 years ago his parents built the house he lives in and most of the people in the neighborhood are original residents. They bought property and built their homes in this area because it was a quiet, agricultural, rural area. For a number of years they had the Mecca Farms and Majeski Farms & Nurseries and they would like to keep the area that way with only single family residences. A multi-story building would not fit with the existing neighborhood. Mr. Doruszewski also commented on the high concentration of senior facilities in this area of town and suggested that they look elsewhere to build their project.

Karen Bryer, Burchfield Commons, stated that there were only 15 emergency calls at that facility. She questioned where they would like elderly people to go that can no longer afford their homes or are not able to live alone. Mrs. Bryer stated that she was happy living at Burchfield Commons and the residents were quiet and felt very safe there.

Code Enforcement Officer William Czuprynski noted that this property abutted C-2 zoning at the rear and manufacturing on one side, so a residential facility may not be the right fit for the neighborhood.

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

Motion by Councilman Graber, seconded by Councilwoman Meegan, to table this item until the August 10, 2009 meeting, pending specific answers to sewer issues from Town Engineer George Montz and Erie County Sewer District #1 and specific answers to the Comprehensive Plan issues from Planning Consultant Wendel Duchscherer and Town Attorney Shawn Martin.

2.   Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE PROPOSED LOCAL LAW NO. 2 OF THE YEAR 2009, ENTITLED ‘ABOLITION OF OFFICE OF RECEIVER OF TAXES AND ASSESSMENTS OF THE TOWN OF WEST SENECA, NEW YORK” in the Town of West Seneca, be received and filed.

Ayes: All

Noes: None

Motion Carried

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

Town Attorney Shawn Martin stated that this public hearing involved a proposal to merge the duties of the Tax Receiver’s office with the Town Clerk’s office and adoption of the following resolution:

Whereas, Section 20 of the NYS Town Law requires an elected Receiver of Taxes; and Whereas, the Town Board of the Town of West Seneca has determined it desires to eliminate the position and transfer the functions to the Town Clerk’s office; and

Whereas, the town has been given the authority under Section 10-d(3) of the NYS Municipal Home Rule Law to supersede the provisions of the NYS Town Law; and

11-C   LEGAL NOTICES

2.    (continued)

Whereas, this proposition is subject to a mandatory referendum to be placed on the ballot of the November 3, 2009 General Election; and

Whereas, this proposition shall take effect upon the affirmative vote of a majority of the qualified electors voting thereon and the filing with the Secretary of State in accordance with the applicable provisions of the law; now, therefore, be it

Resolved, that the following proposition be placed on the November 3, 2009 ballot: “Should the Town of West Seneca, New York, abolish the position of Receiver of Taxes and Assessments, transferring the duties of that office to the Town Clerk’s office of the Town of West Seneca, New York, effective January 1, 2011?”

Councilman Graber questioned if Town Clerk Patricia DePasquale would be able to take over these duties on January 1, 2011.

Mrs. DePasquale stated that she would be able to take over those duties with the help of Receiver of Taxes Ruth Breidenstein. She understood that this was necessary and had occurred in many other towns, but they did need time to prepare for it and put everything in place.

Mrs. Breidenstein stated that she was in favor of the consolidation and would be willing to help Mrs. DePasquale so it is a smooth transition.

Councilman Graber appreciated the cooperation from both Mrs. Breidenstein and Mrs. DePasquale and commented that during budget preparations they were the most frugal department heads in town government.

Councilwoman Bove stated that she and Mr. Martin met with Hamburg Town Clerk/Receiver of Taxes Kathy Rybczynski to learn what she went through with this transition and if she would be helpful to Mrs. DePasquale if necessary. Councilwoman Bove also spoke with Cheektowaga Town Clerk/Receiver of Taxes Alice Magierski and the general consensus was that they were glad there was someone to help them with the transition and they had the time to go through the transition to make sure it went smoothly. Councilwoman Bove commented that Mrs. DePasquale and Mrs. Breidenstein were both professionals that knew their job very well and she thought that a one year transition time would benefit the taxpayers.

Supervisor Piotrowski noted that this consolidation had been discussed for many years, and he began researching the issue last year and decided it would be something appropriate to put forth after the downsizing was voted on. He discussed this issue with the Supervisor’s in Lancaster, Hamburg, and Elma, the Town Attorney in Lancaster and Hamburg, and the Town Clerk in Lancaster and Hamburg, and they all indicated that they had a successful consolidation of the two offices and a one year transition period was reasonable. Supervisor Piotrowski was happy to see this measure put forth before the voters in November.

Councilman Graber stated that it was made very clear on June 3rd with the downsizing vote that the voters want a change in the way town government operates. They want government to become more efficient and it has been proven throughout Erie County and municipalities across NYS that merging the Town Clerk with the Receiver of Taxes has worked well. West Seneca was fortunate to have Receiver of Taxes Ruth Breidenstein that wants to help with the merger.

Councilwoman Meegan stated that Mrs. Breidenstein and Supervisor Piotrowski have been working for over a year on the consolidation and the taxpayers should appreciate their initiative.

11-C   LEGAL NOTICES

2.    (continued)

Councilwoman Bove stated that she spoke with Dave Rutecki, Administrative Vice President for government banking at M & T Bank, and he was more than willing to make a presentation to the Town Board or have a work session to discuss any of the elements or variables in the transition.

Councilman Clarke stated that this was a Town Board effort and not the sole effort of Supervisor Piotrowski.

Mrs. Breidenstein noted that she had spoken to Supervisor Piotrowski a year ago about the consolidation.

Councilman Clarke stated that the Town Board spoke to different towns about this. It was not their fault that Supervisor Piotrowski did not communicate with the rest of the Town Board.

Councilman Graber commented that a lot of the senior citizens enjoyed coming into Mrs. Breidenstein’s office to pay their taxes. He hoped that Mrs. Breidenstein would encourage the senior citizens to vote for this consolidation for their benefit.

Sandy Mendola, 32 Benson Avenue, stated that she had talked to Town Clerks throughout Erie County and understood that it was a good thing to downsize, but this was a lot more work for Mrs. DePasquale and she is one of the best Town Clerk’s in Erie County. Mrs. Mendola questioned if there will be a provision that Mrs. DePasquale will get an increase in pay for the extra work she will be handed. This was a big problem with the other Town Clerk’s in Erie County because they were not given an increase in salary for taking over the Receiver of Taxes duties and doing twice the work. Mrs. Mendola thought the Town Board was doing the right thing in consolidating, but felt that Mrs. DePasquale deserved an increase. She questioned how much money will be saved with this consolidation.

Councilman Graber stated that the Receiver of Taxes’ budget was $138,000 so he anticipated the savings to be at least $75,000 to $100,000.

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

Motion by Supervisor Piotrowski, unanimous second, to amend the laws filed in the Town Clerk’s office under Section 32-5 as follows: after the word effect insert “January 1, 2011;” in Paragraph 5 of the resolution after the word effect insert “January 1, 2011;” and at the end of the ballot proposition after the words New York insert “January 1, 2011,” and adopt the attached resolution as amended.

*APPENDICES*

3.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1370 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 394, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR 20 ADDITIONAL APARTMENTS” in the Town of West Seneca, received and filed.                (Young Development LLC)

4.   Proofs of publication and posting of legal notice: “OF THE ADOPTED AMENDMENT TO §102 OF THE TOWN CODE, SITE PLAN REVIEW, AMENDING THE NUMBER OF COPIES AND TIME FRAME FOR SUBMITTING AN APPLICATION” in the Town of West Seneca, received and filed.

11-D   TABLED ITEMS

1.   Credit card policy

Remained on the table.

11-E   COMMUNICATIONS

1.   Town Engineer re Liberty Lane Lift Station Replacement Project, final change order & acceptance

2.   Town Engineer re Purchases requiring Town Board approval

3.   Highway Supt. re Appointment of Joseph Sherman as summer help in Highway Department

4.   Highway Supt. re Title change for William Weixlmann to Sanitation MEO

Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate William Weixlmann as Sanitation Laborer and appoint William Weixlmann as Sanitation MEO at a rate of $18.26 per hour effective June 22, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5.   Highway Supt. re Appointment of Kevin Carr as Sanitation Laborer

Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Kevin Carr as part-time laborer in the Sanitation Department and appoint Kevin Carr as Laborer in the Sanitation Department at a rate of $16.95 per hour effective July 13, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11-E   COMMUNICATIONS

6.   Highway Supt. re Purchase of leaf/chipper boxes

7.   Highway Supt. re Purchases requiring Town Board approval

8.   Chief Gehen re Resignation of Philip Steffan as part-time Warrant Clerk

9.   Chief Gehen re Appointment of William Keating as part-time Warrant Clerk

Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint William Keating as part-time Warrant Clerk at a rate of $18.00 per hour effective July 1, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal

Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers James McCullough, James Kavanaugh, and Diane Nowicki to part-time seasonal effective July 1 – July 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Recreation Director re Termination of part-time employees

Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the following employees effective June 1, 2009:

11-E   COMMUNICATIONS

11.    (continued)

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

12.   Recreation Director re Rate increase for part-time Recreation Attendants

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a pay rate change for the following employees effective June 29, 2009:

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

13.   Town Clerk re Payment for election inspectors for Special Election & Local Registration Day

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment for the election inspectors that worked for the Special Election on June 3, 2009 and Local Registration Day on May 28, 2009 at the rate of $9.06 per hour, which represents the pay rate paid by the Erie County Board of Elections.

11-F   REPORTS

ISSUES OF THE PUBLIC

COMPREHENSIVE PLAN

Paula Minklei, Orchard Park Road, stated that the public hearing held earlier at this meeting underlined the need to be attentive to the Comprehensive Plan. It was more than 2½ years since it was adopted and a few zoning changes were made, but the changes needed to meet the identified first and second year priorities had not been made. Committees had not even been appointed to begin to look at the adopted recommendations for the town center and the historic Gardenville area. Mrs. Minklei thought the Town Board should be earnestly reviewing and acting on the priorities before more special zoning is requested.

ISSUES OF THE PUBLIC

AMERICORPS ISSUES

Paula Minklei, Orchard Park Road, questioned the status of the balance owed the town by AmeriCorps.

Comptroller Robert Bielecki advised that the balance owed the town by AmeriCorps was $2,806,000 and that was up slightly since the first of the year. The town received $916,000 from AmeriCorps since January 1, 2009, but also pays them monthly.

Mrs. Minklei questioned if the vouchers received from AmeriCorps were clear.

Mr. Bielecki responded that there was a contracted amount in the agreement so the vouchers were very short, but they did identify which program they were seeking money for.

Mrs. Minklei questioned if there were any outstanding town credit cards in the hands of non-town employees.

Mr. Bielecki responded that the AmeriCorps employees still had town credit cards in their possession.

Mrs. Minklei questioned why AmeriCorps employees still had town credit cards and why they could not be cancelled.

Councilwoman Meegan stated that the credit cards could be cancelled but an audit was currently taking place and the majority on the Town Board wanted to wait until after the audit before adopting the credit card policy she put forth.

Mrs. Minklei thought that even without the credit card policy being adopted the Town Board should still agree that non-town employees should not be using the town’s credit cards.

Councilwoman Bove stated that she had spoken with Youth Director Mark Lazzara a few weeks ago and asked him what he was doing to get the credit cards in AmeriCorps name so the town’s credit cards could be returned. They had used the town’s credit cards for years, but she agreed it was a good thing to change them to cards in AmeriCorps’ name. Councilwoman Bove understood that they were in the process of this change and she hoped it would happen soon.

Mrs. Minklei thought it was very wrong for non-town employees to be using town credit cards and she strongly objected to this practice as a taxpayer.

Karen Lucachick, 61 Greenmeadow Drive, stated that this has been going on for months and she did not understand why the credit cards have not been collected. She did not believe the board members were acting as responsible officials of the town and suggested that they stop playing games.

Sandy Mendola, 32 Benson Avenue, questioned if the town was paying for the charges made by the AmeriCorps personnel.

Mr. Bielecki responded that AmeriCorps submitted charges through their department head, Mark Lazzara. The charges were summarized and submitted to the Comptroller’s Office and if they were properly filled out, had the proper documentation, and were charged to the right accounts, his office paid them. The town advanced about $132,000 monthly for the AmeriCorps.

Mrs. Mendola questioned if the AmeriCorps personnel were employees of the town and paid through the town.

ISSUES OF THE PUBLIC

AMERICORPS ISSUES    (continued)

Councilman Graber stated that the AmeriCorps personnel were not employees of the town. The town advances money to them and receives reimbursement at a later date.

Virginia Grandoni, 870 Orchard Park Road, noted that Councilwoman Meegan was shaking her head on this issue and questioned how the taxpayers were paying for AmeriCorps.

Councilwoman Meegan responded that the town was still owed $2.6 million by AmeriCorps and the town paid them $132,000 a month, tax free and interest free.

Mrs. Grandoni questioned if the money advanced was always reimbursed.

Supervisor Piotrowski stated that the money is reimbursed, but the town still loses money on the interest, and there was a question as to whether the town should be in the business of lending money to organizations.

Councilman Graber stated that the grants were entered into by a previous administration and the town was obligated to follow through on them. In the future, the Town Board may chose to not be involved in any grant.

Mrs. Grandoni stated that for many years town government and school districts have always been involved in grants.

Councilwoman Meegan noted that the town matches the money in in-kind services and for many years paid AmeriCorps car insurance and never received any money back from them. The AmeriCorps was using paper, telephones, etc. supplied by the town and the town was paying administrative costs for their payroll for ten years. The town will never see any reimbursement for any of that.

Mrs. Grandoni questioned if the town lost money with AmeriCorps during the years Councilman Graber was on the Town Board.

Councilman Graber responded that the town accepted all the financial responsibilities involved in being the sponsor of AmeriCorps. In return they received things like assistance from the AmeriCorps during snowstorms. They were currently in a transition and by next year the grants will expire and the Town of West Seneca will no longer be the sponsor. WNY AmeriCorps will be the sponsor and they will have to live or die on their own.

Mrs. Grandoni questioned if the town expected to be fully reimbursed.

Councilman Graber stated that the town would be reimbursed for the funds they advanced.

Councilwoman Meegan did not believe the town would ever be fully reimbursed for all the money the Town of West Seneca put out for AmeriCorps.

Dolores Stefanacci, 28 Organ Crescent, questioned if the town will ever be reimbursed for the money AmeriCorps owes the town once they are out of this area.

Councilman Graber responded that AmeriCorps does not owe the town money. The town advanced them money and it is reimbursed by federal funds.

Mrs. Stefanacci questioned how they got so far behind.

Councilman Graber stated that it was because AmeriCorps was so successful and was awarded grants.

ISSUES OF THE PUBLIC

BUDGET DISCUSSION

Karen Lucachick, 61 Greenmeadow Drive, understood that this Town Board meeting was called to discuss the budget, but she did not see anything on the agenda concerning it. Mrs. Lucachick referred to a comment made by Councilwoman Bove several years ago that she did not like surprise things at the end of the meetings and hoped that there were no surprises at the end of this meeting. She thought if the Town Board was going to discuss the budget, it should have been put on the agenda as “New Business.”

Councilwoman Bove questioned what Mrs. Lucachick meant by her comment that there was supposed to be discussion on the budget at this meeting.

Mrs. Lucachick responded that at the last Town Board meeting Councilwoman Bove stated that there wasn’t going to be another meeting until July 27th and called on Supervisor Piotrowski to schedule this meeting to discuss the budget that is due in September.

Councilwoman Bove stated that Mrs. Lucachick must have misunderstood her comment at the last meeting.

SUMMER HOURS AT TOWN HALL

Karen Lucachick, 61 Greenmeadow Drive, stated that many employers are telling employees that they must take time off without pay and she questioned if the town’s summer hours reflected a reduction in pay for town employees.

Supervisor Piotrowski responded that there was no reduction in town employees’ pay for summer hours. This was a contractual obligation under the union contracts.

Mrs. Lucachick questioned the basic hours of the Town Hall.

Supervisor Piotrowski responded that some departments had different hours, but the normal hours for Town Hall were Monday thru Friday, 9 AM until 5 PM (7 hours per day) and 9 AM until 4:30 PM in July and August (6.5 hours per day).

Mrs. Lucachick commented that not many companies work their employees 7 hours per day, reduce that to 6.5 in the summer, and also have an hour off for lunch and have it counted in for 8 hours.

STATUS OF NEW SOUND SYSTEM FOR COURT ROOM

Amy Carpenter, 406 Woodward Crescent, questioned if Councilwoman Bove had any quotes for a new sound system in the Court Room.

Councilwoman Bove stated that she spoke with Buildings & Grounds Supt. Steve Amoia and discussed having the town’s Electrical Department perform this service rather than getting quotes from outside sources, which should save the taxpayers’ money. Mr. Amoia will be having the electricians estimate the number of hours it will take and the cost of equipment.

Mrs. Carpenter stated that this issue was brought up over a year ago and she was hoping for an answer sooner than this. She had attended the last Zoning Board meeting and they had to pass a microphone around because people could not hear with certain microphones being used. Mrs. Carpenter thought it was embarrassing when the microphones didn’t work and noted that a lot of people couldn’t hear at this meeting.

ISSUES OF THE PUBLIC

CIVIC AND PATRIOTIC COMMISSION

Amy Carpenter, 406 Woodward Crescent, questioned who was on the Civic & Patriotic Commission and where their budget came from.

Supervisor Piotrowski responded that the Civic & Patriotic Commission was comprised of about 30 private citizens and public officials and they ran the Community Days event. Their budget was $8000 from the town’s General Fund and the remainder was raised from sales, rental of space, donations, etc.

Mrs. Carpenter referred to the prize money given out at Community Days and questioned if the funds received by the YES group will go through the town and be added to their budget.

Comptroller Robert Bielecki responded that the prize money should go into the Trust Account for the YES Program and be spent from there, but his office had not received anything.

Councilwoman Meegan stated that the funds were also used for the YES banquet.

REMOVAL OF SIGNS ON TELEPHONE POLES

Amy Carpenter, 406 Woodward Crescent, referred to various signs hanging on telephone poles around town and suggested that someone be in charge of getting those that are outdated taken down.

WEST SENECA BEE ARTICLE

Norm Eberle, 100 Dwyer Street, referred to an article in last week’s West Seneca Bee and stated that Councilwoman Meegan made the statement, “you people from Winchester.” He questioned what she had against the people of Winchester.

Councilwoman Meegan asked to see the article Mr. Eberle was referring to.

Councilman Clarke recited the paragraph in the article Mr. Eberle was referring to: “Meegan noted that a similar incident occurred about two weeks earlier when negative literature about her was distributed in the Winchester area without her knowledge.”

Councilwoman Meegan did not believe what Councilman Clarke recited was a negative comment and stated that it did not refer to what Mr. Eberle was accusing her of.

Mr. Eberle questioned why Councilwoman Meegan was picking on Winchester when they were the oldest community in the town and she was elected by people of Winchester. He thought she was bad mouthing the people of Winchester and they were owed a public apology.

Councilwoman Meegan questioned where in the article she was bad mouthing them. She stated that the article was concerning a piece of literature that went out and was “distributed in the Winchester area.” This was not derogatory towards the residents of Winchester and she was sorry if Mr. Eberle misread the article. Councilwoman Meegan stated that she was not being negative, but she was trying to state a fact that people were distributing items and literature that she had no knowledge of. Some of the literature was negative and some was positive, and the one she found out about was in the Winchester neighborhood.

Mr. Eberle questioned if Winchester was the only neighborhood she found out about or if it was town wide.

Councilwoman Meegan stated that it was hand delivered literature from Brian Wirth and had her and Councilman Clarke’s name on it. The literature was distributed in the Winchester area and not any other part of town.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TOWN CLERK EXPRESSES THANKS

Town Clerk Patricia DePasquale thanked the Police Department and Union Fire Company for responding to the medical emergency for her husband, Gerald DePasquale, and thanked everyone for their kind words of condolence.

NORTH AMERICA CENTER

Councilman Graber referred to a recent Buffalo News article about Yahoo coming to WNY and locating in Lockport. The article talked about all the transactions involved in selecting the site and referred to it being “shovel-ready.” Councilman Graber noted that North America Center was shovel-ready and the taxpayers spent a lot of money to make it that way. He did not see North America Center listed as a possible site and suggested that Supervisor Piotrowski send a letter to Tom Koharski, Executive Director of the Buffalo/Niagara Enterprise, and question why West Seneca was not considered. Councilman Graber noted that David Lawrence used to fight for projects like this, but he moved out-of-state and no one took his place.

ETHICS COMMITTEE

Councilman Clarke thanked the Buffalo News and West Seneca Bee for the articles on the election process and suggested appointing three people to serve on an Ethics Committee to check on things like this and report back to the Town Board and public.

Councilwoman Bove suggested appointing Councilman Clarke to chair an Ethics Committee with three additional members to be chosen at a later date.

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to direct Town Attorney Shawn Martin to investigate the composition required for an Ethics Committee by NYS and Erie County, since the laws of those two entities will govern the Ethics Committee, and report back by September 1, 2009.

On the question, Councilman Clarke stated that he would like to see an Ethics Committee comprised of non-political people.

SOLAR ENERGY PROJECTS

Councilwoman Bove stated that she was talking with Nathan Rizzo at Solar Energy, the installer that is working with the town to get the $700,000 NYSERDA grants for three solar energy projects. The design part was passed and NYSERDA had come back with some more questions concerning electric bills for two of the buildings. Councilwoman Bove thought this was a good sign and hoped to get approval in the next few weeks for all three projects.

ADJOURNMENT

Motion by Councilman Graber, seconded by Supervisor Piotrowski, to adjourn the meeting at 9:30 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK