Town Board Minutes 11/15/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 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.
17-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the October 28, 2010 public hearing on the 2011 Special Districts & Preliminary Budget.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the November 1, 2010 special meeting.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-16 of November 1, 2010.
Ayes: All Noes: None Motion Carried
17-B LEGAL NOTICES
1. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW #4 OF THE YEAR 2010 TO ENACT A NEW DOG ORDINANCE” in the Town of West Seneca, be received and filed.
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
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page two . . .
17-B LEGAL NOTICES
1. (continued)
Town Clerk Patricia DePasquale stated that in the past the NYS Department of Agriculture & Markets (NYSAGMKTS) administered the dog licensing program while the Town Clerk’s office processed new and renewal dog licenses. As of January 1, 2011, NYSAGMKTS will no longer be administering the program and each municipality will be responsible for sending out dog licenses. The proposed local law will amend the town’s dog ordinance to address these additional responsibilities.
Geanine Sobczak, 441 Collins Avenue, questioned if the fees were being changed and if there will be a restriction on the number of dogs per household.
Supervisor Piotrowski stated that the amendment to the ordinance does not change the number of dogs permitted and that will remain at two dogs per household. The fee schedule will be adopted by the Town Board and posted on the town’s website for the residents to view.
Mrs. DePasquale stated that the proposed fees will remain the same except for a $1 surcharge that is being added to spayed and neutered dogs. In the past, New York State charged a $3 surcharge for unspayed and unneutered dogs, but no additional surcharge for spayed and neutered dogs. The $1 and $3 surcharge per dog will be remitted to NYS.
Tom Kelly, Centerview Drive, questioned if the towns are consolidating their orders for dog tags to get a better price and if the residents will have to pay additional for a dog tag.
Mrs. DePasquale advised that the Erie County Town Clerk’s Association found a vendor who will do the dog tags for all the towns at a discounted price. The cost of the tag is included in the license fee.
Karen Lucachick, Greenmeadow Drive, questioned who received the revenue from the dog license fees prior to this change and who will receive the revenue after the change.
Mrs. DePasquale responded that prior to the change Erie County and New York State each received a portion of the fee, and because West Seneca has an animal shelter the town also retained a portion. After January 1, 2011, Erie County will not receive any portion of the dog license fee and New York State will only receive the $1 and $3 surcharge per dog. The town will retain the rest of the fees, but the town is also now responsible for purchasing dog tags and generating and mailing paper licenses to dog owners.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page three . . .
17-B LEGAL NOTICES
1. (continued)
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 the adoption of Local Law #4 of the year 2010 concerning enactment of a new dog ordinance until the December 6, 2010 meeting.
Ayes: All Noes: None Motion Carried
17-C COMMUNICATIONS
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1. Supervisor Piotrowski re Retirement of Gary Bommer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Gary Bommer under the early retirement incentive Part A of Chapter 105 of the New York Labor Law and terminate him as Principal Engineering Assistant effective December 28, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Town Engineer George Montz thanked Gary Bommer for 38 years of dedicated service to the town.
Ayes: All Noes: None Motion Carried
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2. Supervisor Piotrowski re Reappointment of Susan Hassinger to Board of Assessment Review
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to reappoint Susan Hassinger to the Board of Assessment Review effective October 1, 2010 through September 30, 2015.
Ayes: All Noes: None Motion Carried
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3. Councilwoman Meegan re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1990 to Custom Flags & Poles for installation of flag poles and flags for Veteran’s Memorial Park.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 November 15, 2010
Page four . . .
17-C COMMUNICATIONS
3. (continued)
On the question, Councilwoman Meegan stated that this expenditure will be reimbursed by the veteran’s committee that was organized for Veteran’s Memorial Park. Councilwoman Meegan thanked Supervisor Piotrowski, Councilman Clarke, Highway Supt. Matthew English and Chief Gehen for their participation in the dedication ceremony.
Ayes: All Noes: None Motion Carried
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4. Town Engineer re Purchase of GPS survey equipment upgrade
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of two Altus GPS surveying units, one Carlson data collector and other miscellaneous equipment, support plan and training from McMahon LaRue Associates, 1800 Hudson Avenue, Suite 2, Rochester, NY 14617 at a total cost of $22,297.70.
Ayes: All Noes: None Motion Carried
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5. Highway Supt. re Purchase of mower
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one New Holland 914A mid-mount mower, 72-inch width (side discharge), complete with mounting kit and hardware to fit TC33D/DA sold in the crate off NYS Contract #PC62723SB at a cost of $4191.
Ayes: All Noes: None Motion Carried
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6. Highway Supt. re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2010.48 to Brute Spring & Equipment Inc. for truck repairs.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 November 15, 2010
Page five . . .
17-C COMMUNICATIONS
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7. Chief Gehen re Retirement of Sharon Horvath
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Sharon Horvath under the early retirement incentive Part A of Chapter 105 of the New York Labor Law and terminate her as Clerk Typist effective December 29, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Horvath served the Town of West Seneca for more than 21 years and will be missed.
Ayes: All Noes: None Motion Carried
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8. Chief Gehen re Retirement of Patricia Burch
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Patricia Burch under the early retirement incentive Part A of Chapter 105 of the New York Labor Law and terminate her as Clerk Typist effective December 4, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Burch served the Town of West Seneca for 30 years and will be missed.
Ayes: All Noes: None Motion Carried
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9. Chief Gehen re Status change for Tim Maciejewski to part-time seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Clerk Typist Tim D. Maciejewski to part-time seasonal effective November 16, 2010 through February 16, 2011 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 Leave of absence for Clerk Typist Colleen Schappert
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a leave of absence under the 1993 Family Medical Leave Act for Clerk Typist Colleen Schappert effective October 26 – 29, 2010 and November 11 – 12, 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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1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page six . . .
17-C COMMUNICATIONS
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11. Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers James Bochenski & Diane Nowicki to part-time seasonal effective November 1 - 30, 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. Assessor re Title change for Erik Finbar to Real Property Appraiser
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Erik Finbar from “out of title” to Real Property Appraiser provisional effective November 15, 2010, concurrent with the town scheduling a promotional civil service exam for Real Property Appraiser, and grant Erik Finbar a leave of absence from his position as Real Property Appraisal Technician effective November 15, 2010 through June 1, 2011 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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13. Youth/Recreation Director re Termination/appointment of part-time employees
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate the following effective October 1, 2010:
Lifeguard
Caitlin Caruana
Recreation Attendant
Angela Lewis
Erik Prentice
and appoint Kirsten Eggleston and Daniel Lewis as permanent part-time Recreation Attendants at the ice rink at a rate of $7.25 per hour effective November 19, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page seven . . .
17-D REPORTS
· Patricia C. DePasquale, Town Clerk’s report for October 2010 received and filed.
· Robert J. Pinnavaia, Code Enforcement Officer’s report for October 2010 & Plumbing Inspector’s report for September & October 2010 received and filed.
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of November 10, 2010; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period October 28 – November 10, 2010 received and filed.
ISSUES OF THE PUBLIC
COST OF MOWER
Amy Carpenter, Woodward Crescent, questioned the cost of the mower purchased in Item #5.
Highway Supt. Matthew English advised that the mower cost $4191.
TITLE CHANGE FOR REAL PROPERTY APPRAISAL TECHNICIAN
Amy Carpenter, Woodward Crescent, questioned the title change for Erik Finbar in the Assessor’s Office.
Supervisor Piotrowski stated that the former Real Property Appraiser retired and Mr. Finbar has been serving in that capacity until the Town Board decides what to do with the position. It was decided that they will offer the test and appoint Mr. Finbar temporarily until he takes the Real Property Appraiser test.
Mrs. Carpenter questioned if anyone could take the test and be considered for the position if they scored higher.
Supervisor Piotrowski responded that anyone with the qualifications would be permitted to take the test.
Mrs. Carpenter questioned if Mr. Finbar had any special training to become an appraiser.
Supervisor Piotrowski stated that Mr. Finbar has an undergraduate degree in engineering along with appraisal courses he has taken on his own and that the town has paid for over the years.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page eight . . .
ISSUES OF THE PUBLIC
TITLE CHANGE FOR REAL PROPERTY APPRAISAL TECHNICIAN (continued)
Frank Russo, Parkside Drive, stated that in 2009 the total salary of the Real Property Appraiser Technician with overtime, vacation, etc. was $69,583.84. In the 2009 budget, it was budgeted for $38,256. Mr. Russo stated that this was a friends and family appointment and the job was never posted. It started as a temporary, seasonal clerk position for $6.90 per hour, and then last year when he didn’t score high enough on the civil service test the Town Board changed the title of the position. Mr. Russo did not agree with changing a title for a position if an individual does not score high enough on the civil service test.
Councilwoman Meegan stated that the employee has been receiving out of title pay since the previous Real Property Appraiser retired.
Supervisor Piotrowski noted that by changing the title it will actually reduce the salary because he will not be receiving out of title pay.
Mr. Russo did not agree with paying an employee out of title pay if they were not qualified for the position. He also thought that if someone does not score high enough on an exam the position should be reposted and someone from the list should be hired rather than changing the title. Mr. Russo suggested that the town change their hiring practices and post job openings in the Buffalo New and on the town’s website so they get good, quality people.
SENECA MALL SITE APPRAISAL
Amy Carpenter, Woodward Crescent, questioned the status of the appraisal of the Seneca Mall site that Arrow Appraisal was hired to do in June 2010.
Supervisor Piotrowski stated that the town had received a report from Arrow Appraisal but they were unable to discuss its contents at this time.
Town Attorney Shawn Martin advised that there was ongoing negotiations and litigation involving the site with regard to assessment challenges, so this information was currently exempt from freedom of information.
Mrs. Carpenter questioned the use of Arrow Appraisal with regard to assessment challenges and the status of those challenges.
Mr. Martin responded that the town has been using Arrow Appraisal for some time for independent appraisals of various properties in order to defend the town’s assessments. There are 15 to 20 assessment challenges and they generally are much more than the aggrieved party alleges, not always what the town says they are, and there is some compromise. The cost of going forward is also a factor.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page nine . . .
ISSUES OF THE PUBLIC
FILLING OF VACANT POSITIONS
Amy Carpenter, Woodward Crescent, questioned if the town will be posting job openings to fill the positions of the employees that are retiring.
Supervisor Piotrowski stated that they cannot fill any position until the employee is actually retired because the employee can change their mind and not retire. When a position becomes vacant, the Town Board will first make a determination as to whether they need to fill the position. If the position is civil service they will call for a test and hire from the list, and if it is not, there will be a policy with regard to hiring.
Mrs. Carpenter questioned if there would be any problem with hosting an exam now and having names ready so when the position is vacant they can act on it quickly.
Supervisor Piotrowski stated that town departments will still function without filling a vacancy for any number of weeks after an employee leaves. There have been many instances in the last two years where an employee decides not to retire so there is no sense in going through extra work until they actually vacate the position.
Councilwoman Meegan noted that there are current civil service lists for clerk typists.
Mrs. Carpenter stated that she was more concerned about more specialized positions like in engineering, recreation, and the assessor’s office where there will not be many people applying for the jobs. She also questioned if there will be sharing of duties with other towns.
Supervisor Piotrowski responded that this was part of the decision making process. As individuals retire the Town Board needs to determine what to do with each position.
RECREATION COMMISSION PROPOSAL
Amy Carpenter, Woodward Crescent, referred to the proposed Recreation Commission and questioned what their focus will be and what the group will be responsible for.
Supervisor Piotrowski responded that the board members had not stated their intentions or goals for the Recreation Commission and the public hearing held on November 1st was to obtain input from the residents as to what they would like the group to be.
Councilwoman Meegan stated that there are a number of issues with the sports and recreation programs and these could be directed to the Recreation Commission. The commission could then offer their guidance or come to the board members for assistance if needed. With the downsizing of the Town Board last year, they were asking for more input from the public and for the public to take on more responsibility.
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West Seneca, NY 14224 November 15, 2010
Page ten . . .
ISSUES OF THE PUBLIC
TOWN WEBSITE
Karen Lucachick, Greenmeadow Drive, thought the new town website was an improvement over the past but noted that this board meeting was not posted. The agenda was on the website, but it was not listed under special events happening in the town. Mrs. Lucachick also questioned why the board meetings were not listed in the Buffalo News as other towns were and suggested that agendas be submitted to them for publication.
DIRT PILES BEHIND HOMES ON SLADE AVENUE
Karen Lucachick, Greenmeadow Drive, referred to a past article in the West Seneca Bee concerning piles of dirt behind the homes on Slade Avenue near the new hotel and questioned if anything was being done to clean it up.
Code Enforcement Officer Robert Pinnavaia stated that he will check into this.
APPOINTMENT TO BOARD OF ASSESSMENT REVIEW
Karen Lucachick, Greenmeadow Drive, referred to the appointment of Susan Hassinger to the Board of Assessment Review and questioned her qualifications.
Supervisor Piotrowski responded that Susan Hassinger is a real estate attorney that has lived in town for about 20 years. Ms. Hassinger was reappointed to the Board of Assessment Review because she has had great input in the past and covers a legal base on that board.
Mrs. Lucachick thought that sometimes there could be a conflict of interest and would find it a problem if she were a realtor that lives in this town.
AMERICORPS DEBT
Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt.
Comptroller Robert Bielecki responded that the last payment received was for September, so they still owed for October and November along with the $75,000 that was still outstanding.
Johanna Guenther, Neubauer Court, referred to the AmeriCorps audit and could not understand why nothing was being done with the person that took $2.5 million from the town. She questioned why the town could not get that money back and commented that if anyone else took money they would be in jail. Mrs. Guenther suggested that they find out who received the gift cards, liquor, and other gifts.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page eleven . . .
ISSUES OF THE PUBLIC
AMERICORPS DEBT (continued)
Supervisor Piotrowski stated that residents need to contact District Attorney Sedita with their concerns. The town does not have the ability to prosecute, but Mr. Sedita does.
Mrs. Guenther questioned if Mr. Cuomo was able to prosecute.
Councilwoman Meegan stated that a copy of the audit was sent to Mr. Cuomo and the Town Board has done everything they can do to bring some justice to this terrible situation. She further commented on the amount of time the current Town Board has spent cleaning up the messes of the prior Town Board and that has taken away from other important things like bringing business into the industrial park.
Mrs. Guenther commented that AmeriCorps was founded to be a good program for young people, but there are “bad apples” everywhere and the Town of West Seneca had a “bad apple” running AmeriCorps.
REPAVING OF ELMSFORD DRIVE
Johanna Guenther, Neubauer Court, referred to the last meeting when Town Engineer George Montz stated there was 220 miles of sewers to replace in town and questioned what is torn up when the repairs are made.
Mr. Montz stated that there is approximately 200 miles of sewers to reline. First they clean and televise the sewers, look at the condition of the pipe, and then make a decision as to whether they can be relined. If they have to be replaced, it depends on where the sewer is located as to what needs to be torn up. They try to replace the sewer in its current location and on some of the older streets the sewer is located under pavement.
Mrs. Guenther understood that Elmsford Drive will be repaved, but she thought it was in perfect condition. She commented on the condition of other streets such as Waltercrest Terrace that has a number of patches and did not understand why they would be doing Elmsford Drive.
Mr. Montz responded that he and Highway Supt. Matthew English review the list of proposed streets each year and sometimes they get petitions on a particular street. He recalled there were two separate petitions for Elmsford Drive.
Mrs. Guenther thought it was a waste of money to repave Elmsford Drive and suggested that they do some of the streets in Fisher Court.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-17
West Seneca, NY 14224 November 15, 2010
Page twelve . . .
ISSUES OF THE PUBLIC
PEER COUNSELING PROGRAM
Johanna Guenther, Neubauer Court, referred to a previous meeting when Supervisor Piotrowski and Councilman Clarke defended the appointment of the two Peer Counselors. Mrs. Guenther thought it was great to do things for children and she was an advocate for children and older persons, but she questioned the curriculum for these people and why they were getting special treatment. She questioned if they were gifted people, if they will be doing something for all of the town, why this was separated from the school system and put in the town, and what was so special about these two individuals that hold these high paying jobs when no one knows what they are actually doing.
Supervisor Piotrowski stated that the Peer Counselors submitted statements which are available from the board members and Recreation Director Robert Walsh. They also provide work schedules and evaluations and these documents are available for public viewing. Supervisor Piotrowski believes this is a valuable program for the students and noted that the town also provides sports, recreation and senior activities.
Councilman Clarke agreed and noted that the two Peer Counselors hold bachelors degrees.
Frank Russo, Parkside Drive, stated that the controversy over the Peer Counseling program does not have to do with whether the program is good or bad, it has to do with whose responsibility it is to run the program. He researched other towns and found that West Seneca is the only town to run this program. School social workers coordinate the program in other towns and if West Seneca would do this it would not cost the town anything. Mr. Russo stated that he recently attended a seminar on drug education at West Senior High. The panel consisted of the moderator who was a West Seneca social worker, a representative from the Renaissance House, a graduate of the Renaissance House and his parents, two police officers, two additional social workers, a guidance counselor, and a couple kids. The Peer Counselors were not mentioned anywhere in the entire program. Mr. Russo stated that the social workers were trained for this and very capable of running the peer counseling program.
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 7:45 P.M. to discuss three legal matters.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 8:20 P.M.
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West Seneca, NY 14224 November 15, 2010
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
STREET LIGHT REPLACEMENT
Councilman Clarke commented on the number of street lights that were off, some of them in bad places where light was especially needed. The town has been paying for these lights and some have been out for over a month. Councilman Clarke asked for suggestions on getting these lights replaced more quickly, possibly by contacting the Public Service Commission.
Highway Supt. Matthew English stated that when his department calls NYSEG they are told it will take 30 days to replace the lights.
Town Attorney Shawn Martin asked Mr. English for a list of lights that were out and offered to draft a letter and send it out.
Chief Gehen stated that he will also have his officers make note of street lights that are out and forward that information to Mr. English.
Councilwoman Meegan stated that she had received numerous calls from residents of Carla Lane complaining that they frequently lose power for a significant amount of time and asked if something could be done about that situation.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilman Clarke, to adjourn the meeting at 8:25 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK