Board Meeting Minutes 10/4/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-14
West Seneca, NY 14224 October 4, 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.
14-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-13 of September 20, 2010.
Ayes: All Noes: None Motion Carried
14-B HELD OVER PUBLIC HEARINGS
- 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)
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Councilman Clarke, seconded by Councilwoman Meegan, to adopt the following resolution denying the special permit request for 1696 Orchard Park Road:
WHEREAS, the Town of West Seneca received an application for a special permit from R-50 to R-50(S), dated March 4, 2010, from Sean and Maria Hanley for a 5-unit apartment building to be located at 1696 Orchard Park Road in the Town of West Seneca; and
WHEREAS, the application was initially reviewed by the West Seneca Planning Board on April 8, 2010 and May 13, 2010; and
WHEREAS, the Town Board, through several meetings dated June 7, 2010 and July 19, 2010 reviewed the application and heard comments from the applicants, their counsel and from all persons interested in the proposed project; and
WHEREAS, the Town Board, in accordance with the special use permit sections of Town Law has utilized the information gathered to date, including but not limited to information gathered from the public, information gathered by individual members of the Town Board, as well as information gathered from the petitioner and their counsel, and in consideration of the criteria contained in West Seneca Zoning Law, Section 120.23 as well as other criteria they consider important and relevant to the request for a special use permit for the proposed project; and
WHEREAS, the Town Board has determined that the following issues and/or findings do not support the issuance of a special permit for the proposed 5-unit apartment building project at 1696 Orchard Park Road in the Town of West Seneca:
- The sewer system in the area and to which the proposed project would be utilizing is in very poor shape and there have been recent severe failures, backups, and other unsafe and unsanitary conditions as a result thereof;
- Due to the shape of the lot, the proposed project does not conform to the existing properties in the immediate adjacent area
NOW, THEREFORE, BE IT RESOLVED, that the West Seneca Town Board, in accordance with Section 120.23 of the West Seneca Town Code, as well as other factors it has determined to be relevant, has found that the proposed project at 1696 Orchard Park 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 properties and immediate neighborhood; and
BE IT FURTHER RESOLVED, that the West Seneca Town Board does hereby deny the request for the special permit based on the issues and findings contained herein.
Ayes: (2) Councilman Clarke, Councilwoman Meegan
Noes: (1) Supervisor Piotrowski Motion Carried
14-C LEGAL NOTICES
- Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 216 ORCHARD PARK ROAD, BEING PART OF LOT NO. 282, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR A NEW VEHICLE STORAGE FACILITY” in the Town of West Seneca, be received and filed. (D.R. Chamberlain Corp.)
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.
Ayes: All Noes: None Motion Carried
Supervisor Piotrowski read the recommendation of the Planning Board: “At its September 9, 2010 meeting, the Planning Board recommended approval of the request for a special permit for property located at 216 Orchard Park Road, being part of Lot No. 282, changing its classification from C-2 to C-2(S), for a new vehicle storage facility, with the following stipulations: 1) control lighting; 2) buffering be provided for the adjoining properties. The Planning Board also recommended a negative declaration with regard to SEQR for this project.”
Bill Wincott of D.R. Chamberlain Corp. represented Ray Laks Motors and stated their proposal for a new vehicle storage lot at 216 Orchard Park Road.
Councilwoman Meegan questioned when they anticipated starting work on this project and if the issue concerning the tractor trailers and turnaround was resolved.
Mr. Wincott stated that site plan approval was required from the Planning Board and work will probably start in the spring of next year. The parking lot was rearranged to allow an area for the tractor trailers to turn around, so there will be no backing up onto Orchard Park Road.
Robin Cierniak of William Schutt & Associates presented a revised site plan and stated that tractor trailers will pull into the site from Orchard Park Road and have greater aisle space at the rear of the parcel so they can turn around.
No comments were received from the public
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant the request for a special permit for property located at 216 Orchard Park Road, being part of Lot No. 282, changing its classification from C-2 to C-2(S), for a new vehicle storage facility with the following stipulations: 1) control of lighting; 2) buffering shall be provided for the adjoining properties; 3) sufficient space shall be provided at the rear of the parcel to allow tractor trailers to turn around on site.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR VACANT LAND ON NORTH DRIVE, SOUTH DRIVE & GRANT BLVD., BEING PART OF LOT NOS. 426 & 427, CHANGING ITS CLASSIFICATION FROM R-75 TO R-65, FOR CONSTRUCTION OF AN 83-LOT SINGLE FAMILY HOME SUBDIVISION” in the Town of West Seneca, be received and filed. (1000 Queens Grant LLC)
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.
Ayes: All Noes: None Motion Carried
Supervisor Piotrowski read the recommendation of the Planning Board: “At its September 9, 2010 meeting, the Planning Board recommended denial of the request for a rezoning for vacant land on North Drive, South Drive & Grant Blvd., being part of Lot Nos. 426 & 427, changing its classification from R-75 to R-65, for construction of an 83-lot single family home subdivision, based on the project not conforming with the Comprehensive Plan for R-75 zoning.”
Robert Pidanick of Nussbaumer & Clarke represented the petitioner, 1000 Queens Grant LLC, and stated their request to rezone 34 acres of land from R-75 to R-65 for an 82-lot, single family, detached, residential subdivision. The number of lots was reduced by one since the original submission. The site is only accessed from two existing streets in the City of Lackawanna, South Drive and Grant Blvd. There will be no connection to any streets in the Town of West Seneca. Mr. Pidanick stated the reason for the R-65 zoning was to build homes comparable in size to those in the surrounding neighborhood and be consistent with the character of the lots in the area. Some of the lots on South Drive are map covered at 40’ even though the people own as much as 65’ and 70’. The lots on Grant Blvd. are also 65’ and 70’ or less. There will be less infrastructure for the development and they believe the 82 lots will generate additional revenue for the town. The trend has been toward smaller, patio home size lots. Mr. Pidanick noted that this subdivision had been previously approved for 75 lots, but the developer was not able to proceed with the project. The redesign with 65’ wide lots allowed for seven additional lots. The 75 lots were approved for the sewer system and the additional lots only amount to a flow of 2800 gallons average per day. The developer will be obligated to take out 11,200 gallons for mitigation for any additional lots above the 75 originally approved and that will be a benefit to the sanitary sewer system. The prior proposal submitted had 30 percent more road than the current design, which will be a savings to the town with regard to maintenance. There are wetlands on the property and they were proposing to incorporate that as part of a homeowner’s association. Mr. Pidanick commented that the prior project had no real green space; it was fully saturated with roads and sublots. The current plan has a corridor that will be incorporated into a homeowner’s association along with the detention area. He thought the current plan was much better than the prior plan, but they needed the 65’ lots to make it work. The homes will be under 2000 sf and affordably priced in the high $100,000’s.
Councilman Clarke questioned if the petitioner would have a problem with just putting 75 homes in the development since the previous project was only approved for 75 sewer taps.
Mr. Pidanick stated that they were requesting 82 lots but understood the concern with the sewer capacity issue, even with the mitigation they were required to do. More important to the developer was the 65’ lots and they would look at possibly eliminating seven lots and tighten up the infrastructure to eliminate more of the road.
Councilwoman Meegan noted that the current plan reduced the infrastructure by 30 percent from the previous plan, but the development will still have a great impact on the Highway Department. It will add to sanitation and snow plowing costs and the trucks will have to leave West Seneca and access the development through Lackawanna. She thought the R-75 zoning might make up the difference in tax revenue for the added impact on the Highway Department. Councilwoman Meegan further commented that the property is landlocked and could be developed within the R-75 zoning, but they could look at a revised proposal and make a decision at a subsequent meeting.
Lana Hames, 260 North Drive, stated that her lot is adjacent to this property and has 500’ of frontage, her next door neighbor has 400’ of frontage, and the neighbor across the street has 100’ of frontage. The residents would like the zoning to remain at R-75 to preserve a country like appearance. Ms. Hames was happy there was less infrastructure and more green space with this plan, but thought that eight additional homes would displace more water and take up more of the green space.
Steve Bremer, Code Enforcement Officer for the City of Lackawanna, stated a concern over the increase in traffic on these narrow roads and how the city would deal with it. He further questioned the ability of West Seneca to deal with police and fire issues when the only access to the project is from Lackawanna. The city was also concerned about water runoff from the project taxing the creeks.
Councilwoman Meegan thanked Mr. Bremer for taking time to attend the meeting on behalf of the City of Lackawanna and express their concerns.
Amy Carpenter, Woodward Crescent, questioned if the project already received a negative declaration or if SEQR was required. She was concerned about the wetlands and displacement of water.
Town Attorney Shawn Martin advised that the project will have to go through the SEQR process.
Councilwoman Meegan stated that the petitioner was working on a couple ideas with the retention pond and she had advised Mr. Pidanick that the town will not be held responsible for maintenance of the retention pond as they are with Princeton Estates.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the next meeting.
Ayes: All Noes: None Motion Carried
14-D COMMUNICATIONS
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1. Supervisor Piotrowski re W.S. Community of Churches crop walk |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of the West Seneca Community of Churches to hold their annual crop walk from 2:00 P.M. until 4:00 P.M on October 17, 2010 on designated streets in the Town of West Seneca. Ayes: All Noes: None Motion Carried |
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2. Councilwoman Meegan re Burchfield Nature & Art Center agreement |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to designate the Friends of the Burchfield Nature & Art Center (BNAC) as an arm of the town Recreation Department (similar to the West Seneca Youth Theater) and adopt as their mission statement “To assure that the Burchfield Nature and Art Center will continue to serve the community interests in the areas of art, recreation, music, history and nature by providing a welcoming and educational facility” and further |
- This group will be using parts of the BNAC including the gallery, classroom, conference room, kitchen, one office on the south side of the building, and grounds
- Any funds raised will be held in a custodial account maintained by the Town of West Seneca Comptroller’s Office
- The Friends of the Burchfield Nature & Art Center will have responsibilities to provide community service in accordance with its mission and goals and as directed by the West Seneca Town Board
On the question, Councilwoman Meegan stated that a public hearing is being scheduled for November 1, 2010 at 6:00 P.M. to establish a Recreation Commission that will be comprised of five members from the West Seneca Youth Baseball, Girl’s Softball, youth hockey, youth soccer, and Little Loop Football, and a member from the Friends of the Burchfield Nature & Art Center. The board members will each have a part in selecting members to be a part of the Recreation Commission. Councilwoman Meegan commented on the successful event held at the BNAC on October 3rd and the future opportunities they will have to welcome the community to all they have to offer. She further noted that 100+ students from West Middle School were at the BNAC this morning cleaning the park and it was wonderful how so many people were taking part in this beautiful facility.
Ayes: All Noes: None Motion Carried
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3. Town Attorney re Bond resolution |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution authorizing the issuance of general obligation bonds and bond anticipation notes to finance the purchase and installation of back flow preventers for town facilities. Ayes: All Noes: None Motion Carried |
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4. Town Attorney re Payment for appraisal services on assessment challenges |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1912.50 to Arrow Appraisal Service for appraisal services performed in the assessment challenge submitted by Tony Rome’s. Ayes: All Noes: None Motion Carried |
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5. Town Engineer re Ludwig Avenue Reconstruction Project, final change order & acceptance |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve final change order #2 for Occhino Corporation, 2650 Seneca Street, West Seneca, for a net deduct of $24,629.34 and accept the Ludwig Avenue Reconstruction Project, Job No. L-0801, at a final contract amount of $337,767.50. Ayes: All Noes: None Motion Carried |
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6. Town Engineer re Town Hall Backflow Prevention Device Project, final change order & acceptance |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve final change order #1 for Numarco, Inc., 1021 Maple Road, Elma, NY 14059, for a net addition of $692.27 and accept the Town Hall Complex Backflow Prevention Device Project, Job No. T-1004 at a final contract amount of $42,692.27. Ayes: All Noes: None Motion Carried |
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7. Town Engineer re Purchase of emergency generator for Leydecker Road lift station |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a Generac Power Systems, Inc. natural gas generator with automatic transfer switch, etc., from Better Power, Inc., 2140 West Henrietta Road, Rochester, NY 14623, at a total state contract price of $34,582 to be used at the Leydecker Road lift station. |
On the question, Councilwoman Meegan asked Town Engineer George Montz for additional information on this item.
Mr. Montz responded that this was an emergency generator similar to those installed at the other lift stations after they realized the need during the October 2006 storm when the power was out for a prolonged period. This will maintain the ability of the lift station to operate without power.
Councilwoman Meegan questioned if the sewer employees go to each of the lift stations to ensure the generators are filled with gasoline.
Mr. Montz stated that there are different generator systems and some operate on diesel so they have to ensure the fuel system is maintained. The generator for Leydecker Road will operate on natural gas so there will not be a problem as long as gas service is provided.
Councilwoman Meegan questioned if there will be an opportunity for all the lift stations to be maintained this way.
Mr. Montz stated that was the long range plan and there were only one or two lift stations that did not have a backup generator system installed at this time.
Ayes: All Noes: None Motion Carried
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8. Chief Gehen re Retirement of Detective Robert Caruana |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Detective Robert Caruana and terminate him effective October 15, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Caruana has served the Town of West Seneca for more than 24 years. Ayes: All Noes: None Motion Carried |
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9. 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, James Bochenski, and James McCullough to part-time seasonal effective October 1 – 31, 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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10. Chief Gehen re Resignation of David Koehler as part-time Public Safety Dispatcher |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of David G. Koehler, 854 Main Street, and terminate him as part-time Public Safety Dispatcher effective October 5, 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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11. Chief Gehen re Appointment of G Lake, R Miller & J Scanlon as part-time Public Safety Dispatchers |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Gregory J. Lake, 140 Elmsford Drive; Richard P. Miller, 73 Country Lane; and Joshua Scanlon, 55 Lillis Lane as part-time Public Safety Dispatchers at a rate of $10.95 per hour effective October 5, 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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12. Chief Gehen re Attendance of Officers Deppeler & Cosgrove at Basic Crisis Negotiators School |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Police Officers Robert Deppeler and Brian Cosgrove to attend the Basic Crisis Negotiators School, October 11 – 15, 2010 in Rochester, New York, at a total cost not to exceed $1580.20. Ayes: All Noes: None Motion Carried |
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13. Chief Gehen re Purchase of taser units |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of four (4) Taser X26E, electronic control devices with accessories from ADX Inc., 621 Lynnhaven Pkwy., Suite 400, Virginia Beach, VA 23452 at a total cost of $5899.80, noting that ADX Inc. is the sole source provider for this equipment. |
On the question, Councilman Clarke questioned who will be trained on the tasers and if there will be a policy for when to use them.
Chief Gehen responded that there are two supervisors currently taser trained and there is a policy in place for their use.
Ayes: All Noes: None Motion Carried
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14. Chief Gehen re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2059.20 to United Uniform for three body armor. Ayes: All Noes: None Motion Carried |
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15. Youth/Recreation Director re Budgetary transfer request |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $1107.84 from Pool Lifeguard/Instructor Acct. #001.7180.0149 to Pool Sports – Recreation Equipment Acct. #001.7180.0230. Ayes: All Noes: None Motion Carried |
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16. Supervisor Piotrowski re Halloween Parade |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Southgate Plaza to hold their annual Halloween Parade on Sunday, October 17, 2010 beginning at 11:30 A.M. behind the West Seneca Town Hall. Ayes: All Noes: None Motion Carried |
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17. Supervisor Piotrowski re Designation of Halloween |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to designate Sunday, October 31, 2010 between 6:00 P.M. and 8:00 P.M. as Halloween, the official night for trick or treating in the Town of West Seneca. Ayes: All Noes: None Motion Carried |
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18. Highway Supt. re Disposal of equipment |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Highway Supt. Matthew English to dispose of the following pieces of equipment no longer in service and remove them from the town’s insurance policy: Veh. # Plate # Year/Make VIN # Ayes: All Noes: None Motion Carried |
14-E REPORTS
· Robert J. Pinnavaia, Code Enforcement Officer’s plumbing report for July & August 2010 received and filed.
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of September 29, 2010; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period September 21 – 29, 2010 received and filed.
ISSUES OF THE PUBLIC
TOWN CREDIT CARD ABUSE AND AMERICORPS ISSUES
Marian Lazickas, 478 Potters Road, questioned how many credit cards have been issued to town employees.
Town Attorney Shawn Martin advised that he had received an email from Ms. Lazickas regarding this question. It was considered a FOIL request and he will have a response to her by the end of this week.
Ms. Lazickas questioned if there were any credit cards currently issued to town employees and who was responsible to look at expenditures.
Councilwoman Meegan responded that credit cards were available for town expenditures. They were housed in the Comptroller’s Office and that department is also responsible for reviewing expenditures. If an employee needs to purchase something, they go to the Comptroller’s Office, advise them of what they want to purchase, sign the credit card out, make the purchase, and then return the credit card with the purchase order.
ISSUES OF THE PUBLIC
TOWN CREDIT CARD ABUSE AND AMERICORPS ISSUES (continued)
Ms. Lazickas questioned how Mark Lazzara could have spent $30,000 on gift cards, down payments, and cash advances without it being caught.
Councilwoman Meegan stated that there was no credit card policy in place in the past and no controls. The current Town Board adopted a credit card policy on November 16, 2009 to prevent this from happening.
Ms. Lazickas questioned if this will be pursued by the District Attorney.
Supervisor Piotrowski responded that the District Attorney was quoted in the Buffalo News as saying he was not pursuing it because he did not have proof.
Karen Lucachick, Greenmeadow Drive, stated that honesty and trust was missing from the town for the 16 years prior to the current Town Board and everyone was responsible for what was happening now because they did not take an interest in the town. She referred to an incident in the early 2000’s when a group of people came to the Town Board meeting to express their concern about a proposed Wal-Mart at Orchard Park Road and Ridge Road. The former Town Board members denied this proposal for many months until finally one council member stated it was the truth and the former Supervisor was appalled that he spoke up. Mrs. Lucachick stated that about seven people having been watching the town, Town Board, and town departments for the last eight years. They are very loyal to the town and are trying to help people, not trying to catch people. Mrs. Lucachick stated that Councilwoman Meegan played a big part in bringing forth some resolution with AmeriCorps, but she credited people like Rudy Russo and others that continually spoke up for bringing it to the Town Board’s attention. She commented that it was appalling to attend Town Board meetings under the previous administration and witness what was going on, but the group of residents stayed together, had meetings, became somewhat organized, and began questioning AmeriCorps. Mrs. Lucachick did not see how West Seneca benefited at all from AmeriCorps and thought Mr. Lazzara was only interested in “picture opportunities” to show how big he had gotten. She thanked Councilwoman Meegan, Supervisor Piotrowski and Councilman Clarke for putting an end to the abuse and was thankful the town now had a Comptroller that was on top of things. Mrs. Lucachick disagreed with District Attorney Sedita and stated that many things were done illegally. She wanted to see Mr. Lazzara, former Supervisor Paul Clark, former Comptroller Charles Koller, and some other former board members held responsible. Mrs. Lucachick questioned the status of the AmeriCorps payments to the town.
Comptroller Robert Bielecki advised that there have been no payments since September 2010. AmeriCorps still owes $8000 for October 2010 and $75,000.
Frank Russo, Parkside Drive, asked Comptroller Robert Bielecki for information on how much money the town spent for attorney’s fees for lawsuits against Mark Lazzara, including the amount of the settlements. He thought the public should be informed on how much that cost the taxpayers. Mr. Russo suggested that the Town Board write a letter to Congressman Brian Higgins asking that Mark Lazzara be removed from the AmeriCorps program since it appeared that District Attorney Sedita does not plan to do anything about this issue.
SITE PLAN ISSUES AT 216 ORCHARD PARK ROAD
Joe Barnaschuk of Ironworkers Local 6, 196 Orchard Park Road, referred to the approval of the special permit for 216 Orchard Park Road and wanted to voice some concerns about the effect it will have on their property. Mr. Barnaschuk stated that two years ago the former purchaser of the property began leveling the land for storage of vehicles without any permits from the town. The entrance to the Ironworkers Hall faces the vehicle storage area and it is a big deterrent for people renting the hall. Mr. Barnaschuk asked that a berm be installed to screen the property and was also concern about drainage issues caused by snow plowing.
Supervisor Piotrowski advised that the approval required buffering of adjoining properties, including the Ironworkers Hall, and control of lighting. The Planning Board will address all these issues at site plan review.
BUDGET AND PERSONNEL ISSUES
Frank Russo, Parkside Drive, referred to Item #8 on the agenda concerning the retirement of a detective in the Police Department and suggested that the Town Board hold off hiring someone to fill the position. Mr. Russo further referred to a recent Buffalo News article concerning a former police officer and questioned if it was standard procedure for a town employee to be suspended four times and reprimanded and still have their job.
Chief Gehen responded that progressive discipline has to be established in order to reach a point where termination is requested. This involves the type of offense, the history behind the individual, the union grievance process, etc. Chief Gehen noted that the integrity of the Police Department was maintained and the protection of the citizens was his primary concern.
Frank Russo, Parkside Drive, suggested a citizens’ committee to assist with contract negotiations. He thought summer hours should be eliminated, new employees should not be given health insurance for life, minor holidays eliminated, etc. Mr. Russo stated that last year he took a 15 percent pay cut and six months later his pension contribution was stopped and changes in government labor contracts were necessary in the current economy.
ISSUES OF THE PUBLIC
BURCHFIELD NATURE & ART CENTER
Amy Carpenter, Woodward Crescent, thanked the Town Board for putting the Burchfield Nature & Art Center under the Recreation Department and commended the volunteers for an outstanding job.
STATUS OF STATE SCHOOL PROPERTY
Amy Carpenter, Woodward Crescent, questioned the status of the state school property.
Supervisor Piotrowski stated that the property is still owned by New York State and they were conducting an analysis to determine what to do with it. They are constructing alternate living facilities on Seneca Street and Leydecker Road for the residents that are still on the premises, but their target of 2011 is in question. The land will eventually be for sale; however, there is no right of first refusal for the town.
Councilman Clarke stated that a number of people have been asking about the group homes being built on Seneca Street, but the town could not dictate to the state. The state has hundreds of acres of land on East & West Road where these homes could be built, yet they took the Seneca Street land off the tax rolls and the town had nothing to say about it. Councilman Clarke also noted there was a lot of asbestos on the state school property and he did not think the town would want to be responsible for its removal. He understood it would cost millions of dollars to clean it up.
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 8:00 P.M. to discuss a financial issue with Comptroller Robert Bielecki, a personnel issue with Chief Gehen, and a litigation issue with Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 8:30 P.M.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SITE PLAN ISSUES AT LILY’S PLACE
Councilman Clarke referred to the March 2, 2009 Town Board minutes and the approval of Lily’s Place on Southwestern Blvd. Certain things were agreed to by the petitioner, Bryan Young, but he did not follow through on them. At the time Councilwoman Meegan, Councilwoman Bove, and Councilman Clarke asked specifically about the buffer zone. Councilman Clarke had asked that the large pine trees on the left property line be kept, but the 20’ trees were removed and he was now asking that they be replaced to screen the project from the Carla Lane residences.
Code Enforcement Officer Robert Pinnavaia stated that he cannot enforce what is stated in Town Board meeting minutes unless it is part of a resolution approved by the board members. He had to go by the plan that was approved by Town Engineer George Montz and Planning Board Chairman Robert Niederpruem that shows the landscaping, contours and building, unless there is something included in the resolution approving the special permit. Mr. Pinnavaia stated that he will see if Mr. Young will work with him.
Councilwoman Meegan stated that when the Town Board approves a rezoning or special permit now they adopt a resolution that outlines all their concerns. She further noted that Mr. Young had installed a turnaround for the emergency equipment at Lily’s Place and it was beautiful pavement but it was crumbling.
Mr. Pinnavaia stated that Mr. Young did not want blacktop for the turnaround and preferred something that was more aesthetically pleasing. He came to the Code Enforcement Office, showed them the pavers he wanted to use, and had documentation showing that when installed properly the pavers will support emergency vehicles like pavement. Mr. Pinnavaia stated that the pavers were not crumbling; they were pavers that grass grows through. He thought the surrounding residents would be happier with more green space and less blacktop.
Councilman Clarke questioned if the pavers should go all the way behind the building and Mr. Pinnavaia advised that the signed plans do not indicate that.
PUBLIC NOTICE FOR INCLUSION OF LAND INTO AGRICULTURAL DISTRICT
Supervisor Piotrowski noted that the Erie County Legislature designated November 1 – 30 each year as the annual thirty day period during which land owners may submit requests to include predominantly viable agricultural land into an existing certified agricultural district as per NYS Agriculture & Markets Law Section 303-b. Copies of the application form are available from Town Supervisors, Clerks and Assessors in Erie County and the Erie County Department of Environment and Planning, 95 Franklin Street, Buffalo.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
WORK SESSIONS
Supervisor Piotrowski announced the following work sessions and special meetings:
Monday, October 18, 2010 at 6:00 P.M. – work session to discuss sewer issues
Monday, November 1, 2010 at 6:00 P.M. – work session to discuss the Recreation Commission
Monday, October 18, 2010 at 10:00 A.M. – special meeting for the purpose of discussing and negotiating the White Collar labor contract
Monday, October 25, 2010 at 10:00 A.M. – special meeting for the purpose of discussing and negotiating the White Collar labor contract
Monday, November 1, 2010 at 10:00 A.M. – special meeting for the purpose of discussing and negotiating the White Collar labor contract
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:40 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK