Board Meeting Minutes 04/19/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-06
West Seneca, NY 14224 April 19, 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.
6-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-05 of April 5, 2010.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the April 12, 2010 bid opening for the 2010 Sanitary Sewer Rehabilitation Project.
Ayes: All Noes: None Motion Carried
6-B TABLED ITEMS
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1. Appointment of Jonathan Kent as full-time sanitation laborer temporary |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table. Ayes: All Noes: None Motion Carried |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Jonathan Kent as part-time Sanitation Laborer and appoint Jonathan Kent as full-time Sanitation Laborer temporary effective April 5, 2010 at a rate of $17.61 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
6-B TABLED ITEMS
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2. Appointment of part-time Court Security Officers |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table. Ayes: All Noes: None Motion Carried |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to create ten part-time Court Security Officer positions to operate the metal detector during scheduled court appearances, noting that the employees will be limited to a maximum 19 hour work week.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to transfer $9500 from Contingency Acct. #1.1990.0480 to fund the newly established line item #1.1110.0139 to fund the part-time Court Security Officer positions.
Ayes: None Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the following retired West Seneca Police Officers as part-time Court Security Officers to work approximately 10 hours per week at a rate of $16 per hour with one supervisor at a rate of $17 per hour effective May 3, 2010:
Rickard T. Smith Robert A. Maza
Dale H. Wight Robert C. Murphy
Joseph M. Turkovich Daniel Connors
noting that only two officers will work each criminal court session shift and Joseph Turkovich will act as supervisor of the Court Security Officers and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
6-C COMMUNICATIONS
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1. Councilwoman Meegan re Erie County Youth Employment Program |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the agreement with Erie County Youth Employment Program for program participants to work at the Burchfield Nature & Art Center (BNAC) for the period July 6 – August 27, 2010. |
On the question, Councilman Clarke questioned what work the participants will be performing at the BNAC and if they will be paid.
Councilwoman Meegan responded that they will be weeding the gardens but will not be allowed to operate any equipment and they will be paid through Erie County. She further suggested that anyone from East Senior or West Senior who was interested in a part-time position through the Erie County Youth Employment program contact Diane Falzone.
Ayes: All Noes: None Motion Carried
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2. Town Engineer re Bid award for 2010 Sanitary Sewer Rehabilitation Project |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for the 2010 Sanitary Sewer Rehabilitation Project, Job No. S-1003, to United Survey, Inc., 25145 Broadway Avenue, Oakwood Village, OH 44146 at their low contract amount of $278,400 and authorize the Supervisor to sign the contract documents. Ayes: All Noes: None Motion Carried |
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3. Town Engineer re Bid date for East & West Road Watermain Replacement Project |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of May 24, 2010 at 10:00 A.M. for receipt of bids on the East & West Road Watermain Replacement Project, Job No. E-0908. Ayes: All Noes: None Motion Carried |
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4. Town Engineer re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2535 to Burgh Schoenenberger for an alarm system at Plant 6. Ayes: All Noes: None Motion Carried |
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5. Highway Supt. re Appointment of part-time sanitation laborers |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Joseph Demma, Joel Polino, and John Stacey as part-time Sanitation Laborers effective April 19, 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 |
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6. Highway Supt. re Status change for part-time Bldgs. & Grounds laborers to part-time seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of the following part-time laborers in the Buildings & Grounds Department to part-time seasonal effective April 19 – September 19, 2010 at a rate of $7.25 per hour: |
James Brady Jacob Ciulla
David Helmbrecht Jacob Hiam
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
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7. Highway Supt. re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1722.77 to Chudy Paper for janitorial supplies. Ayes: All Noes: None Motion Carried |
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8. Chief Gehen re Appointment of Scott Windover as part-time Public Safety Dispatcher |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Scott P. Windover as part-time Public Safety Dispatcher at a rate of $10.95 per hour effective April 25, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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9. Town Attorney re Budgetary transfer request |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request in the amount of $200 from Acct. #001.1420.0442 to Acct. #001.1420.0215 for a new printer. Ayes: All Noes: None Motion Carried |
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10. Town Attorney re Insurance renewal contract |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the insurance renewal contract effective May 1, 2010 through April 30, 2011 with Selective Insurance Company and Darwin Insurance Company at a cost of $290,720. Ayes: All Noes: None Motion Carried |
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11. Chief Gehen re Change of status for part-time Public Safety Dispatcher James Kavanaugh to seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher James Kavanaugh to part-time seasonal effective April 1 – 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
6-D REPORTS
· Patricia C. DePasquale, Town Clerk’s report for March 2010 received and filed.
· Robert J. Pinnavaia, Code Enforcement Officers’ report for March 2010 received and filed.
· Ruth E. Breidenstein, Receiver of Taxes’ report for year end 2009 received and filed.
ISSUES OF THE PUBLIC
REQUEST FOR RECONSTRUCTION OF ELMSFORD DRIVE
James Conwall, Elmsford Drive, presented a petition requesting that Elmsford Drive be reconstructed and citing a deteriorating road bed, crumbling curbs, storm sewers caving in, and inadequate sewer lines.
COMMENTS ON SENIOR HOUSING PROPOSAL AT HOUGHTON COLLEGE SITE
Dan Frontera, Union Road, referred to a discussion at the April 8, 2010 Planning Board meeting on the proposed senior housing project at the Houghton College site and the impact it will have on the fire and EMS service. Mr. Frontera stated that as he left the podium, Town Attorney Shawn Martin stated, “That’s OK, we’ll sign a contract with Rural Metro.” Mr. Frontera took the comment as a threat and did not think the Town Attorney had the ability to make such a policy for the town. He did not believe Mr. Martin acted in a professional manner in accordance with the town’s ethics policies and expected an apology.
ISSUES OF THE PUBLIC
COMMENTS ON SENIOR HOUSING PROPOSAL AT HOUGHTON COLLEGE SITE
Supervisor Piotrowski responded that the Town Board would talk to Mr. Martin regarding this allegation and hear his response.
Mr. Frontera suggested that Supervisor Piotrowski recluse himself from any comment, endorsement, or vote on the senior housing project at 810 Union Road as he feels there is a conflict of interest.
Supervisor Piotrowski requested that Mr. Frontera put his comments in writing so that he can respond to him in writing.
Johanna Guenther, Neubauer Court, understood that people who live in HUD housing do not pay the same taxes as regular residents and she questioned if this was true.
Councilman Clarke stated that some of these projects do not pay any town, county or fire tax, but they do pay sewer taxes.
Councilwoman Meegan stated that the residents of the project pay rent to the property owner.
Mrs. Guenther commented that West Seneca residents pay higher property taxes than Orchard Park residents. She further questioned if residents or former residents of the town will have precedent over non-residents for renting an apartment at the HUD project.
Councilwoman Meegan stated that there is a waiting list and she did not believe they could establish a precedent based on whether someone lived in town.
AMERICORPS ISSUES
Karen Lucachick, Greenmeadow Drive, asked Comptroller Robert Bielecki for an update on any payments made to the town by AmeriCorps.
Mr. Bielecki responded that the town received $8000 for April, but had not received the $75,000 payment. He was in contact with AmeriCorps and they were waiting for funding from NYS. Upon receipt of that funding they will pay the town $75,000.
Mrs. Lucachick thought that interest should be paid on the outstanding debt.
Johanna Guenther, Neubauer Court, agreed with Mrs. Lucachick’s comment and stated that Mark Lazzara is in charge of AmeriCorps and should be teaching them integrity and honesty, but he has not shown this to the Town of West Seneca.
ISSUES OF THE PUBLIC
METZ HOUSE ISSUES
Paula Minklei, Orchard Park Road, questioned if the final report had been filed regarding the Metz House contract.
Town Attorney Shawn Martin advised that this project had not yet been completed and they were still working out issues with NYS and other entities.
Amy Carpenter, Woodward Crescent, referred to the Metz House and questioned who was collecting the rent.
Councilwoman Meegan responded that she asked Town Attorney Shawn Martin to look into this and find out who is living there and why a lease was never signed by the Town Board.
Mr. Martin stated that he will be meeting with the former Director of AmeriCorps later in the week to address these issues.
TOWN HALL REPAIRS
Paula Minklei, Orchard Park Road, referred to comments at the previous Town Board meeting concerning building repairs and updates and questioned if the board members planned to hold a public meeting and ask for input from the public.
Supervisor Piotrowski stated that they had not discussed this issue any further than what was talked about at the last meeting, but residents were always welcome to submit any suggestions or comments.
Mrs. Minklei stated that she would like to know what problems there are with Town Hall, including the spatial needs, and they should be discussed publicly and prioritized.
STATUS OF CODE OF ETHICS
Amy Carpenter, Woodward Crescent, questioned the status of the Code of Ethics and if there was any plan in place to have the employees sign it.
Town Attorney Shawn Martin responded that the Code of Ethics was returned from the printer and circulated to all departments for insertion in their code book, but he had not yet thought about having all employees sign it.
Councilwoman Meegan stated most municipalities have a Human Resource Department to handle these responsibilities and West Seneca does not, but they will be having a conversation with each union concerning the Code of Ethics.
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 7:30 P.M. to discuss three litigation issues and two personnel issues.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 8:00 P.M.
REQUEST FOR SOUND BARRIERS ALONG NYS THRUWAY AT KLAS & DIRKSON
Motion by Councilman Clarke, seconded by Supervisor Piotrowski, that the Town Attorney send Senator Stachowski a letter requesting sound barriers along the NYS Thruway near Klas Avenue and Dirkson Avenue.
On the question, Town Engineer George Montz stated that Klas Avenue and Dirkson Avenue were on the list. The State was supposed to be sending him a copy of the list and he will then forward it to the council members.
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:05 P.M.
Ayes: All Noes: None Motion Carried
PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK