West Seneca Town Board Meeting Minutes 07/27/2009
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. Motion by Supervisor Piotrowski, seconded by Councilman Graber, to suspend the regular order of business to address Item #7 thru #10.
7. Chief Gehen re Appointment of Patrick Shea as Police Captain Motion by Councilman Graber, unanimous second, to terminate Patrick Shea as Police Lieutenant effective August 9, 2009 and appoint Patrick Shea as Police Captain effective August 9, 2009 at an annual salary of $81,145.59 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilman Graber noted that Captain Shea was #1 on the list for the entire County of Erie.
8. Chief Gehen re Appointment of Michael Bowen as Police Lieutenant Motion by Councilman Graber, unanimous second, to terminate Michael Bowen as Police Officer effective August 9, 2009 and appoint Michael Bowen as Police Lieutenant effective August 9, 2009 at an annual salary of $77,278.25 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9. Chief Gehen re Appointment of Daniel Foster as Police Officer temporary Motion by Councilman Graber, unanimous second, to appoint Daniel J. Foster as Police Officer temporary, effective August 3, 2009 at $48,108.75 per annum and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Foster’s temporary appointment is contingent until the final results of medical and psychological examinations are satisfactorily completed and he will be subject to the successful completion of a 78 week probationary period commencing from his appointment date.
10. Chief Gehen re Appointment of Jesse Reed as Police Officer temporary Motion by Councilman Graber, unanimous second, to appoint Jesse A. Reed as Police Officer temporary, effective August 3, 2009 at $48,108.75 per annum and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Reed’s temporary appointment is contingent until the final results of medical and psychological examinations are satisfactorily completed and he will be subject to the successful completion of a 78 week probationary period commencing from his appointment date.
12-A MINUTES TO BE APPROVED
12-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 4060 SENECA STREET, BEING PART OF LOT NOS. 93 & 94, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR A RESTAURANT WITH SERVICE OF ALCOHOLIC BEVERAGES” in the Town of West Seneca, be received and filed. B B B B B (Young Development, 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 July 9, 2009 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 4060 Seneca Street, being part of Lot Nos. 93 & 94, changing its classification from C-1 to C-2(S), for a restaurant with service of alcoholic beverages, with the stipulation that there will be a service bar only with no seating at the bar.”
12-B LEGAL NOTICES 1. (continued) Attorney Ralph Lorigo, 101 Slade Avenue, represented Young Development, Inc., and stated that Bryan Young purchased the building at 4060 Seneca Street that was formerly Carolina Furniture but had been vacant for some time. Home & Office Furniture occupied a portion of the building and another tenant would like to rent approximately 3000 sf for an upscale, sit down Asian restaurant with 52 seats. Mr. Lorigo noted that some residents were concerned that if the restaurant failed the C-2(S) zoning would allow for some type of club with service of alcoholic beverages, but the Planning Board added the stipulation that it was for a restaurant with service of alcoholic beverages and a service bar only with no seating at the bar. The tenants planned to spend approximately $200,000 inside the building to remodel and modernize it. Councilwoman Bove questioned the hours of operation. Mr. Lorigo thought the hours would be 11 AM until 10 P.M. since this type of restaurant was not typically open beyond those hours. He noted that this was a full scale sit down restaurant, not buffet style. Councilwoman Meegan questioned if 52 seats was the original number proposed. Mr. Lorigo responded that they needed the zoning change for the use, but still had to go through the site plan process, so seating and parking would be reviewed at that time. He did not anticipate applying for any variances, and they would try to work out the seating and parking with the tenant and the space available. Dixie Blando, 60 Amana Place, stated that she lives behind the building and had some concern about having a door at the rear of the building. She also thought that additional parking would be needed since there were only 11 spaces in the front and they needed 31 spaces to comply with the Town Code. Mrs. Blando questioned if the zoning will stay with the property if the project is denied at the site plan stage. Town Attorney Shawn Martin advised that the zoning would expire in one year if the property is not used for that purpose. Mrs. Blando questioned if they could attempt to put something else in such as a liquor store. Mr. Lorigo responded that they were only proposing a restaurant and that was why they stipulated the service bar with no seating. Amy Carpenter, 406 Woodward Crescent, questioned if the required 31 spaces included the employees. Supervisor Piotrowski responded that 31 spaces would service all the needs of that restaurant. Councilwoman Bove questioned why there was a door proposed for the rear of the property and if there will be parking for customers in the back. Mr. Lorigo stated that parking in the rear was planned for employees and there will also be a door with a corridor for customers to enter, but they anticipated the front will be the main entrance to the restaurant. The hours for Home & Office Furniture will typically end at 5 P.M. and the restaurant will typically be busier in the evening hours. Councilwoman Bove expressed concern about the rear entrance door because Garden Avenue was a residential neighborhood and it may be intrusive to the residents if customers are parking and accessing the building from the rear.
12-B LEGAL NOTICES 1. (continued)
Mr. Lorigo responded that the entire lot and all the lots on Seneca Street were zoned C-1 from Seneca Street to Garden Avenue. In this particular case, they needed the door in the rear and it would be similar to Jim’s Steak Out also located on Seneca Street. Signage will be in the front and all the seating will be in the front of the building. Councilwoman Bove suggested stipulating that the rear door will be for employees only. Mr. Lorigo did not want to make that stipulation because there would be no way to stop customers from parking in the rear. Employees will be required to park in the rear, but it will also provide additional parking for customers. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Supervisor Piotrowski, to approve the request for a rezoning & special permit for property located at 4060 Seneca Street, being part of Lot Nos. 93 & 94, changing its classification from C-1 to C-2(S), for a restaurant with service of alcoholic beverages, with the stipulation that there will be a service bar only with no seating at the bar. On the question, Councilwoman Bove stated that although she wanted the restaurant to be successful, she wanted to ensure that if something changed the service of alcoholic beverages did not go on until 3 or 4 A.M. She suggested amending the motion and adding a stipulation that service of alcoholic beverages will cease at 10 P.M. when the restaurant closes in case someone tries to open a bar in the future. Mr. Lorigo did not have a problem tying the service of alcohol to the service of food, but he did not have the exact hours of operation for the restaurant. Supervisor Piotrowski suggested changing the time to midnight. Mr. Lorigo thought midnight would be appropriate since the restaurant would not be open beyond that. The service bar only stipulation will also prohibit any seating at the bar. Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to amend the motion and approve the request for a rezoning & special permit for property located at 4060 Seneca Street, being part of Lot Nos. 93 & 94, changing its classification from C-1 to C-2(S), for a restaurant with service of alcoholic beverages, with the stipulation that there will be a service bar only with no seating at the bar and service of alcoholic beverages will cease at midnight.
*APPENDICES* 12-C TABLED ITEMS 1. Credit card policy Remained on the table.
12-D COMMUNICATIONS 1. Town Engineer re Bid award for Sanitary Sewer Repair Contract Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the Sanitary Sewer Repair Contract, Job No. S-0902, to Osinski Plumbing, Inc., 246 Fillmore Avenue, Buffalo, NY 14206, at their low contract amount of $76,806.14 and authorize the Supervisor to sign the contract documents.
2. Highway Supt. re Family Medical Leave of Absence for John Pangallo Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a family medical leave of absence for John Pangallo from July 13 – 25, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
3. Highway Supt. re Appointment of Kathy Doering as part-time seasonal laborer in Highway Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Kathy Doering as part-time seasonal laborer for summer help in the Highway Department at a rate of $7.25 per hour effective July 27 – September 4, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
4. Highway Supt. re Termination of David Pangallo as part-time laborer in Highway Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate David Pangallo as part-time seasonal laborer in the Highway Department effective July 22, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5. Highway Supt. re Termination of Jeffrey Lempko as part-time Sanitation Laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Jeffrey Lempko as part-time laborer in the Sanitation Department effective July 21, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2154.44 to Miracle Recreation Equipment Company for playground equipment.
12-D COMMUNICATIONS 11. Chief Gehen re Attendance at International Association of Chiefs of Police training conference Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Chief Gehen to attend the International Association of Chiefs of Police (IACP) training conference in Denver, Colorado, October 4 – 7, 2009 at a cost not to exceed $2117.51.
12. Town Clerk re Additional stipend for election inspector chairmen Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve an additional payment of $15 for each of the election inspectors who acted as chairman for the June 3, 2009 Special Election.
13. Town Justices re Justice Court Assistance Program grant application Motion by Councilman Graber, seconded by Supervisor Piotrowski, to adopt the attached resolution authorizing submission of a Justice Court Assistance Program grant application in the amount of $30,000 and authorizing Grant Consultants, Connie Miner & Co. to complete the necessary application and submit to NYS Unified Court System for the purpose of securing this grant.
*APPENDICES* 14. Recreation Director re Rate increase for Recreation Attendants Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a $.10 per hour rate increase for the attached list of Recreation Attendants in order to bring them in line with the new minimum wage effective July 24, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
*APPENDICES* 15. Youth Director re Assignment of grant agreements to WNY AmeriCorps Fund Motion by Councilman Graber, seconded by Supervisor Piotrowski, to authorize the town to enter into necessary agreements with the State and Western New York AmeriCorps assigning the grant agreements to Western New York AmeriCorps Fund, noting that the agreement shall provide that the not-for-profit will assume all responsibility under the grants, the assignment and assumption agreement is subject to formal approval by the State, and the town shall continue to be entitled to be reimbursed for funds already advanced under these grants. On the question, Councilman Graber stated that WNY AmeriCorps agreed to take over administration of the grants that are still being processed and are expected to be finalized in December 2010. Supervisor Piotrowski thought they should have a draft of the agreement in front of them before approving it, and also, advice from Town Attorney Shawn Martin as to the town’s continued ability to collect on the outstanding debt owed by AmeriCorps.
12-D COMMUNICATIONS 15. (continued) Councilwoman Meegan noted that the agenda item states that “the State has indicated it would consider assigning the grants to the not-for-profit which would relieve the town of all the obligations under the grants, including the obligation to make the cash advances.” It further requests that the Town Board adopt a resolution, which none is attached, and states that “the assignment and assumption agreement is subject to final approval by the State,” but the board members had nothing that was approved by the State. Councilwoman Meegan did not believe they should move forward with this because it was too vague and they would be agreeing to something without knowing all the particulars involved. Mr. Martin agreed and stated that he received this item with the meeting agenda on Thursday afternoon and met with Youth Director Mark Lazzara this afternoon to get further information. Councilman Graber stated that right now they would only be agreeing that a resolution needed to be forthcoming along with all the information mentioned and legal advice. He had the same questions as others, but this was only the first part. Mr. Martin stated that he should be able to get together with state officials and have something drafted by the August 24, 2009 Town Board meeting. If additional time is needed, he will inform the board members. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the August 24, 2009 Town Board meeting to allow Town Attorney Shawn Martin time to reach an agreement with Youth Director Mark Lazzara and draft it for the board members to review.
12-E REPORTS ISSUES OF THE PUBLIC PUBLIC PARTICIPATION AT BOARD MEETINGS Dolores Stefanacci, 28 Organ Crescent, stated that the residents of West Seneca attend Town Board meetings to learn of important issues and sometimes seek answers as to how tax dollars are being spent. When they ask those questions, they do not want to be intimidated or verbally attacked as has happened in the past. Mrs. Stefanacci stated that they are asking questions solely for the purpose of clarification on some of the issues plaguing the town and hope to get answers. However, they are either met with no answer, the issue is tabled, or they are given a condescending attitude causing the speaker to get upset. Mrs. Stefanacci noted that this not only happened to residents but also among board members. She thought it was time for the politicians to remember why they were voted into office and by whom and it was time to govern for the people, by the people, and of the people. BUDGET DISCUSSIONS Karen Lucachick, 61 Greenmeadow Drive, stated that at the July 13th Town Board meeting she asked Councilwoman Bove why the budget was not part of the meeting and Councilwoman Bove informed her that she must have misunderstood her comment at a previous meeting. Mrs. Lucachick referred to the June 15th Town Board meeting minutes where Councilwoman Bove had stated that additional meetings were needed for the summer since they would be working on the budget and stated that this was why she assumed that the budget would be discussed at the July 13th meeting.
ISSUES OF THE PUBLIC AMERICORPS CREDIT CARD ISSUE
Karen Lucachick, 61 Greenmeadow Drive, thanked the reporters at the West Seneca Bee and Buffalo News for soliciting information that the public was not able to get. For example, it was reported that there were 14 AmeriCorps employees that still had town credit cards. Mrs. Lucachick could not understand why these credit cards had not been cancelled and stated that the Town Board should be establishing policy for all town departments; the Youth Bureau should not be establishing their own policy.
NORTH AMERICA CENTER
Karen Lucachick, 61 Greenmeadow Drive, questioned if Councilman Graber had found out any information on the town’s industrial park, North America Center. She looked online and found she had to look hard to find it listed anywhere and there was very little information. Mrs. Lucachick thought something should be done to make it easier to find North America Center. STATUS OF NEW SOUND SYSTEM IN COURT ROOM Amy Carpenter, 406 Woodward Crescent, questioned the status of the sound system for the Court Room. Councilwoman Bove stated that she and Supervisor Piotrowski met with the town’s electricians and Buildings & Grounds Department personnel and they went through the system and thought that it seemed to be working well. However, there have been problems with the system and they decided to bring someone else in that might know a little more about the dynamics of sound and why some of the sound does not carry or pick up from certain microphones. Therefore, Councilwoman Bove asked the gentleman that did the new sound system at the Senior Citizens Center to review the sound system in the Court Room and he came up with a proposal on what should be done. They now had to solicit proposals from other companies and follow the bidding guidelines. Councilwoman Bove stated that she and Supervisor Piotrowski also met with people from the Justice Department because they were hoping that part of their grant could include the new sound system. Town Clerk Patricia DePasquale also informed her of something that had been done a number of years ago but was never implemented. Councilwoman Bove noted that the current system was 29 years old, but they were looking at the dynamics, size of the room, etc. rather than just replacing the system. Mrs. Carpenter stated that the motion made in June 2008 included refurbishing the chairs in the Court Room and she questioned if anything had been done with that. Councilwoman Bove stated that they were holding off on the chairs due to the possible cost of the sound system. Mrs. Carpenter suggested that the Buildings & Grounds Department look into refurbishing the current seats instead of buying new. She further questioned if there was any discussion about getting an LCD projector. Councilwoman Bove stated that this had been discussed with the Buildings & Grounds Department and they were looking at prices. Mrs. Carpenter questioned if these improvements were anticipated by the end of this year. Councilwoman Bove responded that the sound system was of major importance and they hoped to implement it as soon as possible, but she could not guarantee the projector or seating.
ISSUES OF THE PUBLIC TOWN EMPLOYEES’ SALARY INFORMATION ONLINE Paula Minklei, Orchard Park Road, thanked the Comptroller’s Office for their work in putting the cost of town employees online, and she looked forward to additional information on the cost of health and retirement benefits. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS EXECUTIVE SESSION Motion by Councilman Graber, seconded by Supervisor Piotrowski, to recess to Executive Session (8:00 P.M.) to discuss the proposed acquisition or sale of real property which if made public may affect the property value, and also, to discuss personnel issues.
Motion by Councilman Graber, seconded by Supervisor Piotrowski, that the Town Board reconvene from Executive Session (8:30 P.M.).
ONLINE POSTING OF EMPLOYEES’ SALARIES Councilman Clarke referred to the information posted online on town employees’ salaries and stated that there already appeared to be a political “witch hunt” with things being sent out with attacks on employees. Councilman Clarke noted that the town employees worked very hard for what they earned and in some cases the town would be paying one-third more of the salary if they hired a contractor to do the work. Councilman Graber agreed that if the employees were not working overtime the town would have to pay outside contractors and the cost would be greater. He also had heard that someone was circulating literature that attacked certain town employees for their salaries and implied that they were not deserving of what they made. Councilman Graber further stated that he noticed some names on the list that were no longer employees of the town and he asked Comptroller Robert Bielecki to review it and submit the names to the Town Board so they could be terminated. ADJOURNMENT Motion by Supervisor Piotrowski, seconded by Councilman Graber, to adjourn the meeting at 8:40 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |