Board Meeting Minutes 09/20/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-13
West Seneca, NY 14224 September 20, 2010
Supervisor Wallace C. Piotrowski called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.
ROLL CALL: Present - Wallace C. Piotrowski, Supervisor
Sheila M. Meegan, Councilwoman
Dale F. Clarke, Councilman
Absent - None
Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
13-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-12 of August 16, 2010.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the August 30, 2010 special meeting.
Ayes: All Noes: None Motion Carried
13-B HELD OVER PUBLIC HEARINGS
1. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1696 ORCHARD PARK ROAD, BEING PART OF LOT NO. 414, CHANGING ITS CLASSIFICATION FROM R-50 TO R-50(S), FOR A FIVE-UNIT APARTMENT BUILDING” in the Town of West Seneca.
(Sean & Maria Hanley)
2. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 810 UNION ROAD, BEING PART OF LOT NOS. 329 & 330, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR ONE 3-STORY, 128-UNIT SENIOR APARTMENT BUILDING AND ONE 2-STORY, 47-UNIT HUD 202 APARTMENT BUILDING” in the Town of West Seneca. (Young Development, Inc.)
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Councilwoman Meegan, seconded by Councilman Clarke, to adopt the following resolution:
WHEREAS, the Town of West Seneca received an application for a special permit dated February 5, 2010 from Young Development for a multi-family/senior apartment complex to be located on the Houghton College property at 810 Union Road; and
WHEREAS, the application was initially reviewed by the West Seneca Planning Board on March 11, 2010 for their review and recommendation on the special use permit; and
WHEREAS, the Planning Board established itself as the designated SEQR Lead Agency in accordance with the SEQR requirements and conducted a coordinated review of the proposed actions; and
WHEREAS, the Planning Board, through several meetings, reviewed the application and plan along with amendments to the application and plan and completed the coordinated SEQR review process; and
WHEREAS, the Planning Board completed the project review and recommendation process on July 8, 2010 by issuing a SEQR Negative Declaration, making their recommendation on the special permit, and providing the information they generated through this project review process to the Town Board; and
WHEREAS, the Town Board held the required public hearing for the special permit on August 16, 2010 and has reviewed the information provided by the applicant and the Planning Board; and
WHEREAS, the Town Board in accordance with special use permit Town Law has utilized the information gathered to date, the recommendations of the Planning Board, and public input to consider the special use criteria in the West Seneca Zoning Law, Section 120-123, and other criteria they consider important and relevant to this special use permit request and the project; and
WHEREAS, the Town Board has determined that the following issues/findings do not support the issuance of a special permit:
- The sewer system in this area is in very poor shape and there have been recent severe failures in the sewer lines.
- The project is not in accordance with the town’s Comprehensive Plan, which illustrates this area as a “Suburban Area” of typical single-family home characteristics and construction. At the time that the Comprehensive Plan was completed it was not envisioned that Houghton College would be discontinuing its use of the land and that a new use would be proposed. The current zoning does not appear to be proper for this site.
- Information submitted by the applicant has shown that the proposed three-story structure and the two-story structure at the rear of the site will be clearly visible from the surrounding single-family residential neighborhood, thus changing the character of this single family neighborhood and impacting the orderly development of the district (Section 120-23A(1) of the West Seneca Code).
-
Removal of existing trees on the site and the proposed screening will not adequately protect any adjacent properties from objectionable aspects of this use (Section 120-23A(2) of the West Seneca Code).
NOW, THEREFORE, BE IT RESOLVED, that the West Seneca Town Board, in accordance with Section 120-23 of the West Seneca Town Code, has found that the proposed project at 810 Union Road does not meet the standards for the issuance of a special permit and that the characteristics of the proposed project would adversely affect the adjoining neighborhood; and, be it further
RESOLVED, that the West Seneca Town Board hereby denies this special permit request based on the previously articulated findings.
On the question, Supervisor Piotrowski stated that for the past 25 years the West Seneca Town Board has a history of illegally denying commercial and residential projects in town. The general basis for prior denials is resident complaints which led the Town Board to foster illegal reasons for the denial. The town is then sued by the developer who prevails in NYS Supreme Court. The lawsuits have cost residents tens of thousands of dollars of town money in the form of payments to attorneys to litigate the losses. The town also loses the ability to place conditions on the project that may pacify the objecting residents and address issues of concern to the Town Board. Past judgments from the NYS Supreme Court merely permitted the projects to proceed without any conditions from the town. Supervisor Piotrowski stated that they were again traveling this same path. People Inc. made two prior applications for senior housing in the town – one location on Seneca Street between Sky Hi Drive and the
senior citizens center and another on Clinton Street near French Road. On both occasions the majority of the Town Board denied the application. Supervisor Piotrowski thought that a third denial was clearly an indication of an anti senior citizens sentiment and will subject the town to a lawsuit by any number of organizations for discriminatory housing practices such as is being heard in the Town of Orchard Park at this time. Further, the property is zoned properly for the proposed use; the Town Board just has the authority to place conditions on the use pursuant to Town Code, Section 120-23, which states that “such uses shall be deemed to be permitted uses in their respective districts, subject to the requirements of this section in addition to other requirements of this chapter.” The Code then sets out four standards that permit the Town Board to place conditions and restrictions on the development; it does not permit them to deny the application. With regard to the sewer district, Councilman Clarke asked at the last meeting how adding more sewage to the sewer system will solve the problem. The response from the NYSDEC is that it will through a remediation program. For every gallon of sewage put into the system the developer must take four gallons out, so there will end up being less flow after the project is developed. In February 2008, the Erie County Department of Environment & Planning sent the board members, Town Attorney and Town Engineer their 62 page report about the town’s sewer system. Their estimate to repair the problem in this sewer district is $70 to $80 million. Supervisor Piotrowski thought they should have developers begin to pick up part of this cost. Repairs will take at least a decade to complete. They cannot stop development in town. Stopping development in West Seneca will also affect neighboring towns that tie into that system. Almost one-half of the town is serviced by Erie County Sewer Districts #1 & #3. The county’s policy is to permit construction with mitigation. Other towns enlist the same mitigation procedures authorized by the DEC and Supervisor Piotrowski thought West Seneca should do likewise. With regard to the Comprehensive Plan, in the past 10 years the Town Board has permitted construction of other apartment and senior apartment complexes in other areas of town that neighbor single and two-family dwellings like the project that is proposed. The term “Comprehensive Plan” is actually a misnomer since it must take into account future changes in the town. The Town Board that adopted the Comprehensive Plan could have also enacted changes in the zoning map of the town, but it did not. Every R-60A zoning designation in town neighbors single and two-family residentially zoned property. They must work with the zoning map as it currently exists. Other senior complexes are located within the suburban area as defined by the Town Planner and submitted in the resolution. The property as it currently exists contains two and three story buildings. In the past 10 years almost every two-story senior apartment complex that has been constructed in West Seneca can be seen by a single and two-family residential home. As with past projects that were approved, the Town Board can require a mix of trees and man made screening for the project. Supervisor Piotrowski did not believe they had a legal basis to deny the project and thought the project should be approved for the following reasons: 1) to provide housing for seniors which is very much needed in the community and 2) to provide tax revenue for the town.
Councilman Clarke commented that projects such as this were approved in the past because of political favoritism. He walked that area a few days ago when the sewer overflowed. The smell was awful and one manhole had water shooting out about 18’ high into the creek, so there was a lot of pressure behind it. Councilman Clarke stated that building this project was not progress and will only punish the residents.
Councilwoman Meegan referred to Supervisor Piotrowski’s comment that “denial was clearly an indication of an anti senior citizens sentiment” and stated that she and Councilman Clarke both voted in favor of several senior apartment complexes since they were elected so this statement could not be further from the truth, and they have supported many of Mr. Young’s projects in West Seneca. With regard to the 4:1 mitigation, Councilwoman Meegan thought that ratio should be changed to 6:1. She also suggested the board members hold a work session to discuss the problems in Sewer District #13.
Ayes: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
Councilwoman Meegan asked that a public work session be scheduled as soon as possible concerning Sewer District #13. She also was in the Houghton College area a few days ago when the sewer overflowed and discussed the situation with Town Engineer George Montz. There are a lot of issues and there is a current project and study underway, but they need to have further discussions. Unfortunately, it’s difficult to have discussions due to the current makeup of the Town Board. Councilwoman Meegan also asked for the public’s input on the issues in Sewer District #13.
Supervisor Piotrowski suggested the work session on Sewer District #13 be held October 18th at 6 P.M.
13-C COMMUNICATIONS
- Supervisor Piotrowski re Amendment of seasonal status dates for Nancy Dollard
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to amend the dates for seasonal status for part-time Community Development Loan Officer Nancy Dollard to September 17, 2010 through March 17, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Town Attorney re Bond resolutions
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached nine bond resolutions with regard to the following:
13-C COMMUNICATIONS
1. Highway improvements to Ludwig Avenue, Collins Avenue, Graham Avenue, Burch Avenue, and French Road, as well as improvements to the intersection of Union Road and North America Drive, in the Town of West Seneca.
2. Purchase of equipment and vehicles, namely four (4) grass tractors, one (1) ball diamond groomer, two (2) paint sprayers and (1) cube van truck.
3. Replacement of traffic signal equipment at the intersection of Seneca Street, Center Road, and Kelsey Drive in the Town of West Seneca.
4. Purchase of leaf removal equipment, namely two (2) leafers.
5. Purchase of a log loader truck.
6. Purchase of mowing equipment, namely a gang mower.
7. Improvements to town owned recreational facilities, namely resurfacing of the tennis courts and basketball court in Fireman’s Park in the Town of West Seneca.
8. Repair of certain town owned facilities, namely the floor outside the compressor room at the town ice skating rink.
9. Purchase of a chipper.
Ayes: All Noes: None Motion Carried
- Town Attorney re Princeton Estates Subdivision Phase II – acceptance of deed
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the deed to portions of Alexander Road, Chancellor Lane, Corwin Drive, Chambers Road, Lockhart Road and conservation areas and detention ponds within Princeton Estates Subdivision – Phase II for dedication and filing in the Erie County Clerk’s Office.
Ayes: All Noes: None Motion Carried
- Town Attorney re Snow plowing agreement with Erie County
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the snow plowing contract with Erie County for years 2010 – 2013, noting that the county will reimburse the town for plowing various county roads per lane mile as follows: 2010 thru 2011 - $3077.67 per lane mile; 2011 thru 2012 - $3231.55 per lane mile; 2012 thru 2013 - $3393.13 per lane mile.
Ayes: All Noes: None Motion Carried
- Town Attorney re Standard workday & reporting resolution
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution to bring the town into compliance with new regulations set forth by the New York State Office of the State Comptroller.
Ayes: All Noes: None Motion Carried
*APPENDICES*
- Town Engineer re Princeton Estates Subdivision Phase II – final acceptance
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the Princeton Estates Subdivision – Phase II, Sublot Nos. 32 – 37, 61 – 69, 74, 90 – 118, 128 – 132, 141 – 144 and 153 – 154, completed by Cimato Brothers Construction, Inc., 9220 Transit Road, East Amherst, NY 14051 under Public Improvement Permit No. 09-02.
Ayes: All Noes: None Motion Carried
- Town Engineer re Princeton Estates Subdivision Phase II – NYSEG street lighting proposal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the NYSEG street lighting proposal for an annual increase of $510.72 for adding 21 70-watt high pressure sodium lights in the Princeton Estates Subdivision – Phase II, Electric Lighting District No. 63.
On the question, Councilwoman Meegan referred to wording in the NYSEG proposal concerning the lighting levels and questioned if it meant the levels were poor.
Town Engineer George Montz responded that this was a standard clause that NYSEG started putting into all their lighting proposals. The lights are designed by the town, installed at every second lot line, criss-cross from one side of the street to the other, and they are all 70-watt high pressure sodium.
Ayes: All Noes: None Motion Carried
- Town Engineer re Purchase requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4541.16 to DLT Solutions, Inc. for annual software subscription and support renewal.
Ayes: All Noes: None Motion Carried
- Highway Supt. re Status change correction for part-time seasonal sanitation laborers
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Highway Department part-time seasonal laborers Ronald Balys, Peter Colson, and Jeremy Klubek to Sanitation Department part-time seasonal laborers effective August 23 – November 1, 2010 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Highway Supt. re Appointment of Robert Kaminski as part-time laborer in Bldgs & Grounds
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Robert Kaminski as part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective September 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Highway Supt. re Status change for seasonal Bldg & Grounds laborers to part-time
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, change the status of the following part-time seasonal laborers in the Buildings & Grounds Department to part-time at a rate of $7.25 per hour effective September 20, 2010:
James Brady Jacob Ciulla
Anthony Domros Jacob Hiam
John Kaminski Donald Kruger
Eric Lus Rick Mingle
Dennis Rich Harold Schwartz
James Zimmer
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.Ayes: All Noes: None Motion Carried
- Highway Supt. re Status change for part-time laborer M. Smith from Highway to Bldgs & Grounds
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Mitchell Smith from part-time seasonal laborer in the Highway Department to part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective September 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Highway Supt. re Status change for part-time laborer M. Melski from Recreation to Bldgs & Grounds
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Matthew Melski from part-time seasonal lifeguard in the Recreation Department to part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective September 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Highway Supt. re Purchases requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Highway Department:
Valley Tire Co., Inc. (tires) $1872.54
Fleischmann’s Service Corp. (service & inspection
on three vehicle lifts at highway garage) $1884.26Lakeside Supply Co., Inc. (diamond material) $2301.00
Chudy Paper Co., Inc. (janitorial supplies) $1883.89
Ayes: All Noes: None Motion Carried
- Chief Gehen re Military leave of absence for Officer Timothy Pratt
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve an extension to Officer Timothy Pratt’s military leave of absence for up to an additional 180 days with an end date no later than March 18, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers Andy Oscypala, James Kavanaugh, Bill Szwec, and Scott Windover to part-time seasonal effective September 1 – 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Chief Gehen re School Resource Officer agreement
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the School Resource Officer (SRO) agreement with West Seneca Central Schools effective September 1 2010 through August 31, 2013, noting that the Town of West Seneca will receive $130,000 annually for assigning three (3) police officers to the school system.
Ayes: All Noes: None Motion Carried
- Chief Gehen re Domestic Violence Prevention project
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the New York State Department of Criminal Justice Services (DCJS) Domestic Violence Prevention Project #BJ10-1090-D00, noting that the Town of West Seneca will receive $25,000 to be utilized for police overtime to conduct personal follow up visits with victims of domestic violence for a period effective October 1, 2010 through September 30, 2011.
Ayes: All Noes: None Motion Carried
- Chief Gehen re Bid date for purchase of one police vehicle
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of October 12, 2010 at 10:00 A.M. for receipt of bids on the purchase of one (1) Ford Crown Victoria police vehicle.
Ayes: All Noes: None Motion Carried
- Chief Gehen re Purchase of web/e-mail server
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one (1) HP ProLiant ML350 G6 web/e-mail server from SynchroNet Industries, Inc., 3654 Clinton Street, West Seneca, at the state contract price of $4476.01.
Ayes: All Noes: None Motion Carried
- Chief Gehen re Purchase of two in-car video systems
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of two (2) WatchGuard DV-1 overhead system, third generation in-car video systems for a cost of $4970 each plus $50 shipping, total $9990, from WatchGuard Digital In-Car Video, 3001 Summit Avenue, Plano, TX 75074, noting that WatchGuard is the sole source provider for the WatchGuard video system and this purchase will continue with the replacement of older in-car video systems.
Ayes: All Noes: None Motion Carried
- Chief Gehen re Purchase requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6864 to United Uniform for the purchase of ten body armor.
Ayes: All Noes: None Motion Carried
- Code Enforcement Officer re Screening for proposed Walmart at 2400 Seneca Street
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that the loading dock area at the proposed WalMart, 2400 Seneca Street, be screened with the same type of fence that is required for the parking area screening, which is 6 ft. high white vinyl fencing.
Ayes: All Noes: None Motion Carried
- Receiver of Taxes re Status change for part-time clerks to seasonal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerks Marcia Turner, Patricia Farr, and Laurine Fischione to part-time seasonal effective September 7 – November 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Youth/Recreation Director re Appointment of part-time employees for fall/winter programs
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the individuals on the attached list to work as permanent part-time employees in the fall/winter recreation programs and at the ice rink effective October 1, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Youth/Recreation Director re Termination of Candice Kogut
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Candice Kogut effective June 26, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
- Youth/Recreation Director re Appointment of Michelle Pikula to West Seneca Youth Board
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Michelle M. Pikula to a 4-month term on the W.S. Youth Board effective Sept. 9 – Dec. 31, 2010.
Ayes: All Noes: None Motion Carried
- Youth/Recreation Director re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request in the amount of $1430.25 from Youth Theatre Trust Fund Account #04.0004.0096 to Salary of Other Employees – Part-Time Account #01.7140.0149.
Ayes: All Noes: None Motion Carried
- Director of Senior Services re Status change for Peter Schreiber to part-time seasonal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time employee Peter Schreiber to part-time seasonal effective September 1 – 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
13-D REPORTS
· Patricia C. DePasquale, Town Clerk’s report for August 2010 received and filed.
· Robert J. Pinnavaia, Code Enforcement Officer’s report for August 2010 received and filed.
· Robert Bielecki, Comptroller’s report for August 2010 – Sept. 20, 2010, received and filed.
ISSUES OF THE PUBLIC
STATUS OF AMERICORPS DEBT
Karen Lucachick, Greenmeadow Drive, questioned if any payments were received from AmeriCorps for July, August & September.
Comptroller Robert Bielecki stated that the town received a payment of $24,000 on September 10th and that covered three $8000 payments for July, August & September. No payment was received on the $75,000 owed.
Mrs. Lucachick stated that at a previous meeting Town Attorney Shawn Martin stated that the town was still in negotiations with AmeriCorps and she questioned how long this was going to take.
Mr. Martin responded that he had discussed the obligation and payment plan with Mark Lazzara who advised that he was having difficulty paying due to the ongoing audits. Their funding was being held up because of the state audits.
Mrs. Lucachick noted that a recent newspaper article indicated Mr. Lazzara had received several million dollars in grant money and she hoped his obligation to the town would be taken care of first before he does anything else with the money. She questioned if the board members knew anything about the investigation of AmeriCorps by the state.
Councilwoman Meegan stated that it has not been released yet, but they were anticipating something by the end of the month. The information will be on the NYS Comptroller’s website.
COMMENTS ON TOWN BOARD DOWNSIZING
Mrs. Lucachick commented that the reduction in the size of the Town Board by two council members had handicapped the board members because two members cannot even talk to each other about issues without violating the Open Meetings Law. With five members, two are able to discuss issues and ideas without being in a public forum. Since the reduction in the size of the Town Board was done in the interest of cutting costs, Mrs. Lucachick suggested that the board members seriously consider cutting the Peer Counseling program in next year’s budget. She did not believe the town should be paying for this program and thought if it was that wonderful the school should be incurring its cost.
ISSUES AT BURCHFIELD NATURE & ART CENTER
Dixie Blando, Amana Place, understood there were issues at the Burchfield Nature & Art Center (BNAC) and the new group was no longer running the programs. She questioned if the town was renting the BNAC to the new group like they were to the old group.
Supervisor Piotrowski stated that the Gardenville Campus at Burchfield was no longer there and a new organization was running the programs. There was no interruption in any of the programs. Supervisor Piotrowski responded that they will be renting to the new group shortly.
Mrs. Blando thought the town should reconsider renting the BNAC and questioned how much the previous group paid in rent.
Comptroller Robert Bielecki stated that the town received at least two $600 payments but no payments were received since they ceased operating.
Mrs. Blando questioned if the new group were new individuals or the same people under a different name and was concerned that the BNAC is being run properly.
Councilwoman Meegan stated that the BNAC is all about volunteering and everyone there has their heart, strengths, and talents in the right place. The board went in the direction of charging rent, but the town had never received any money in rent in previous years so this approach may have been wrong. Councilwoman Meegan stated that she was extremely impressed with the volunteers at the BNAC that are there everyday and anyone who wanted to volunteer was welcome to do so.
Mrs. Blando suggested that the BNAC be converted to a library and the current library be annexed to the Town Hall for the Police Department.
Councilwoman Meegan stated that this suggestion had already been made but the structure of the BNAC was not conducive for the library and the Police Department deserves much more.
STATUS OF LEGAL ITEM #1
Pat Infantino, Pineview Court, questioned what happened with Item #1 under legal notices.
Supervisor Piotrowski stated that the item was not removed from the table because the Town Board was still considering it. It will be on the next agenda and if the Town Board has made a decision it will be rendered at that time.
Ernie Bogenreider, Orchard Park Road, questioned what was decided with regard to the setback and if it will be limited to the setback of existing buildings.
Councilwoman Meegan stated that the board members had not made any decision on the setback yet and that is why the item was not removed from the table.
Mr. Bogenreider stated that Planning Board member Don Mendola had assured him that the setback of the buildings on either side of the proposed building will be maintained, and he asked for the Town Board’s assurance on this.
Supervisor Piotrowski responded that Mr. Mendola does not tell the board members what to do and their decisions are made independently.
HOUGHTON COLLEGE PROJECT
David Bonner, Gervan Drive, asked for clarification on the decision on Legal Item #2.
Supervisor Piotrowski advised that the project was denied.
Dave Monolopolus, Lexington Green, referred to Hamburg Supervisor Walter’s attendance at the last West Seneca Town Board meeting in support of the Houghton College project. He stated that the project is a concern of the citizens of West Seneca and Supervisor Walters is a politician that does not even live in town.
Robert Todoroff, W. Willowdale Drive, questioned if the Town Board declared a negative SEQR or a positive SEQR on the Houghton College project.
Councilwoman Meegan stated that the Town Board was not the lead agency for SEQR on this project. The Planning Board was lead agency and they declared a negative declaration.
COMMENT ON JUDGE SCOTT LAWSUIT
Dave Monolopolus, Lexington Green, referred to the lawsuit against the town that was submitted by Supervisor Piotrowski and Judge Scott and questioned if he was currently serving as Judge, noting that he heard Judge Scott was not even in the United States and was actually on a sabbatical in Russia.
Supervisor Piotrowski responded that he did not have a lawsuit, but he was asked to submit an affidavit. Judge Scott was serving as Judge until the end of 2010.
ISSUES OF THE PUBLIC
SPEEDING ON FRENCH LEA ROAD
Arthur Haas, French Lea Road, commented on the speeding and reckless driving on his street, especially Monday – Friday between 6:00 A.M. and 1:00 P.M.
Chief Gehen responded that he will have his officers patrol the area.
CLEANUP OF MANHOLE ON ORCHARD PARK ROAD
Beverly Leising, Harwood Road, thanked Town Engineer George Montz for having the manhole on Orchard Park Road cleaned up after it was brought to his attention at the last Town Board meeting. Ms. Leising also asked Highway Supt. Matthew English to have the trees trimmed that were obstructing various stop signs in town, specifically Tobey Hill subdivision, Greenhill Terrace, Queens Drive, and Joann Drive. She further thanked the Town Board members for following the oath they took to represent all of West Seneca and hoped she had moved to a town that was far above the corruptness of the City of Buffalo where she formerly lived.
CAT PROBLEM ON EBENEZER DRIVE
James Barber, Ebenezer Drive, stated that one of his neighbors was cited in 2008 for having 11 cats inside his home and he had been in contact with the Code Enforcement Office, Erie County Health Dept., SPCA, and Supervisor Piotrowski. Mr. Barber was not able to mow his lawn, stand in his driveway, or have windows open because of the obnoxious feces and urine smell from the cats. He has lost potential tenants because of the odor, the uncut lawn and unkempt yard. Feral cats are digging in his back yard and using the loose dirt as a litter box. The neighbor also has an outside feeding house for feral cats that has attracted skunks and he was concerned that rats will be attracted also. Mr. Barber asked that the town be proactive and pass a licensing law for cats with enforcement for non-compliance.
Town Attorney Shawn Martin stated that this was the first he heard of this situation, but he will discuss it with Code Enforcement Officer Robert Pinnavaia and get back to Mr. Barber by the end of the week.
BNAC VOLUNTEERS REQUEST HELP FROM TOWN BOARD
Rev. Thomas Dalbo, Collins Avenue, represented the Burchfield Nature & Art Center (BNAC) and stated that they have a number of great volunteers and great programs planned but they need help from the Town Board.
Councilwoman Meegan stated that she was not aware of any meetings or requests to the Town Board. She questioned if the volunteers had outlined their needs.
Rich Reimers stated that they need the Town Board to recognize the Friends of the Burchfield Nature & Art Center. They have been working hard and have a committee of 12 to run the BNAC, but they were in limbo now and did not know where they stood with the town.
Supervisor Piotrowski stated that he has been meeting with Rev. Dalbo and volunteers to try to work something out. He understood that a proposal was being put together to present to the Town Board and when everything is formalized and submitted they will act on it.
Councilman Clarke stated that this was the first he had heard about their requests.
Mr. Reimers stated that he understood their proposal was sent by Carol Yetter via e-mail. Councilwoman Meegan stated that she had not received any proposal via e-mail. She stops at the BNAC a couple times a week and Paula Minklei had expressed concerns, but Councilwoman Meegan was not aware that they had collectively put together a proposal. She thought it was great that the volunteers were working to keep the BNAC going and stated that the board members will do what they can to help.
Mr. Reimers noted that a “Field Day” will be held October 3rd at the BNAC and everyone was invited to attend.
ELIMINATION OF PEER COUNSELING PROGRAM
Frank Russo, Parkside Drive, referred to the Peer Counseling program and repeated his previous suggestion that this program be cut from the town budget. The new school year began and the two Peer Counselors were back to work at the schools. With budget time approaching, Mr. Russo asked that Supervisor Piotrowski seriously consider eliminating the Peer Counseling program in the 2011 budget. He noted that no other towns have this program and five or six nearby school districts do the program with their social workers. West Seneca has 12 social workers, one for every building. They are highly paid, highly trained, and certified. Mr. Russo referred to the $102,549 cost for the Peer Counseling program from information he received in July 2009 and stated that this did not include benefits. He thought this was a very expensive program to be funding especially in difficult economic times. Mr. Russo commented that the Peer Counselors earn $35,000 a year for working 25 hours a week for 37 weeks. They also earn longevity pay, vacation pay, holiday pay, a pension, and have their health insurance and cell phones paid for. Mr. Russo thought the Peer Counseling program was simply a study hall and social club, and stated that it was a duplication of services when there are other programs like DARE that the town funds. He commented on the downsizing movement in town (i.e. reduction in board members, elimination of Receiver of Taxes position, elimination of Youth Bureau director and AmeriCorps) and asked that the board members listen to the voters and continue to reduce the cost of government.
Councilwoman Meegan responded that the board members realize their responsibilities and have made some tough decisions with the cuts that were made.
Elizabeth Furman, Elm Avenue, stated that she is a student at West Seneca East Senior and participates in the Peer Counseling program. She thought it was a worthwhile program and a very good investment for the community. It was a volunteer organization for students, not a free study hall, and it was all about bettering the community and keeping kids off the streets. Peer counseling was students talking to other students, not social workers talking who had nothing to relate to the students.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
EXECUTIVE SESSION
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to recess to Executive Session at 8:15 P.M. to discuss a litigation matter with Town Attorney Shawn Martin, a personnel matter with Chief Gehen, and a labor matter with labor counsel.
On the question, Supervisor Piotrowski noted that the Town Board will be holding a special meeting October 4, 2010 at 10:00 A.M. concerning labor negotiations.
Ayes: All Noes: None Motion Carried
The Town Board returned from Executive Session at 9:05 P.M.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:05 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK