Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 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.
The meeting was dedicated to the memory of Lynda Buxton.
19-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-18 of December 6, 2010.
On the question, Town Attorney Shawn Martin referred to Item #32 and noted that the appointment of Evelyn Hicks should be for a five year term effective January 1, 2011 through December 31, 2015.
Ayes: All Noes: None Motion Carried
19-B HELD OVER PUBLIC HEARING
1. Re: “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.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Town Attorney Shawn Martin noted that in light of the delay in adopting Local Law #3 concerning the Recreation Commission, the dog ordinance was being changed from Local Law #4 to Local Law #3.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 20, 2010
Page two . . .
19-B HELD OVER PUBLIC HEARING
1. (continued)
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt Local Law #3 of the year 2010 to enact a new dog ordinance in the Town of West Seneca with the following changes: Section 62.4(C) – add “Highway Department” after Police Department; Section 62.5 – add “and Highway Department employees” after “Police Officer”; Section 62.6(A)(1) – after the word “days” insert a comma and add “excluding the day the dog is seized”; Section 62.12(A) - add “not less than twenty-five dollars” after the word “fine” in the third line and add “not less than fifty dollars and not exceeding two hundred fifty dollars” after the word “fine” in the second last line.
Ayes: All Noes: None Motion Carried
19-C COMMUNICATIONS
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1. Supervisor Piotrowski re Resignation of Michael Kerl as Natural Disaster Service Coordinator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of Michael G. Kerl, 310 Tudor Blvd., and terminate him as part-time Natural Disaster Service Coordinator effective December 31, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, the board members thanked Mr. Kerl for his time and efforts serving as Disaster Coordinator and noted that he will be missed.
Ayes: All Noes: None Motion Carried
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2. Town Attorney re Resignation of John Fenz as Law Clerk
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of John Fenz and terminate him as part-time law clerk effective December 21, 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 #2010-19
West Seneca, NY 14224 December 20, 2010
Page three . . .
19-C COMMUNICATIONS
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3. Town Engineer re Collins Avenue Reconstruction Project, final acceptance
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve final change order #2 for Sue-Perior Concrete & Paving Inc., 1500 Union Road, Suite 201, for a net deduct of $117,549.34 and accept the Collins Avenue Reconstruction Project, Job No. C-0901, at a final contract amount of $1,839,458.12.
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On the question, Councilman Clarke stated there were a number of complaints about the final grading on this project and he questioned if the contractor would be correcting the problem.
Town Engineer George Montz advised that the contractor will be supplying a letter stating that they will be back in the spring to spray with weed and feed to correct the problem.
Ayes: All Noes: None Motion Carried
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4. Town Engineer re 2010 Sanitary Sewer Rehabilitation Project, final acceptance
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve final change order #1 for United Survey, Inc., 25145 Broadway, Cleveland, Ohio 44146, for a net deduct of $1219.70 and accept the 2010 Sanitary Sewer Rehabilitation Project, Job No. S-1003, at a final contract amount of $277,180.30.
Ayes: All Noes: None Motion Carried
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5. Town Engineer re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4275 to Kaminski & Sons for an electric crane for the Sewer Department.
Ayes: All Noes: None Motion Carried
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6. Highway Supt. Re Purchases requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $8068.76 to Kenworth for truck repairs and $2581 to Southside Trailer Service Inc. for an enclosed trailer for signal generators.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 December 20, 2010
Page four . . .
19-C COMMUNICATIONS
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7. Chief Gehen re Purchase of portable radios
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of forty (40) Kenwood model TK-2360K-LKP portable radios from FM Communications, 1914 Colvin Blvd., Tonawanda, NY 14150 at a cost of $318.33 per unit for a total cost of $12,733.20.
Ayes: All Noes: None Motion Carried
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8. Chief Gehen re Purchase of forensic evidence detection imager
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one (1) RUVIS Krimesite Forensic Evidence Detection Imager from Sirchie Finger Print Laboratories, 100 Hunter Place, Youngsville, NC 27596 at a total cost of $14,950, noting that Sirchie Finger Print Laboratories is the sole source provider of this equipment.
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On the question, Councilwoman Meegan questioned if this equipment was going to the police garage and if it will be put on the town’s insurance.
Chief Gehen advised that this was a portable unit that the detectives will be able to take to crime scenes to identify areas of evidence for fingerprints and DNA and bring back to the police garage for processing. It will be put on the town’s insurance.
Ayes: All Noes: None Motion Carried
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9. Chief Gehen re Purchase of computer software
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one (1) SecureMyNet SMN-UT-SBS Appliance with pro pack software, one year annual license support with installation from Synchronet Industries, 3654 Clinton Street, West Seneca, for a total cost of $2718.
Ayes: All Noes: None Motion Carried
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10. Chief Gehen re Purchase of dispatch chairs
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of three dispatch chairs from Concept Seating Inc., W226 N825 Eastmound Ste B, Waukesha, WI 53186, at a cost of $1299 each plus $65 shipping, total cost of $4092.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 20, 2010
Page five . . .
19-C COMMUNICATIONS
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11. Chief Gehen re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2356.28 to West Seneca Auto Glass Inc. for repairs to car #26.
Ayes: All Noes: None Motion Carried
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12. Town Clerk re Rezoning request – 940 Reserve Road
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Motion by Supervisor Piotrowski, to refer the rezoning request of Eric Barton for 940 Reserve Road to the Planning Board for their recommendation.
On the question,
Motion by Councilwoman Meegan, seconded by Councilman Clarke, to table this item.
Ayes: All Noes: None Motion Carried
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13. Code Enforcement Officer re Tony Rome’s request for electronic message board
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item.
Ayes: All Noes: None Motion Carried
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14. Recreation/Youth Director re Budgetary transfer request
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to receive and file this item.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 20, 2010
Page six . . .
19-C COMMUNICATIONS
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15. Town Attorney & Town Clerk re Dog license fees
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the following resolution with regard to dog license fees:
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WHEREAS, on December 20, 2010 following a public hearing and all other requirements set forth by law, the Town Board of the Town of West Seneca adopted Chapter 62 of the Code of the Town of West Seneca, namely the Town of West Seneca Dog Licensing Law; and
WHEREAS, Section 62.10(C)(1) of said law authorizes the Town Board of the Town of West Seneca to set forth licenses fees and other surcharges; and
WHEREAS, to date the Town Board has not yet established a fee and surcharge schedule and wishes to do so at this time; now, therefore, be it
RESOLVED, pursuant to Section 62.10(C)(1) of the newly adopted Dog Licensing Law, the Town Board of the Town of West Seneca adopts the following fee and surcharge schedule effective January 1, 2011 until modified by further resolution of the West Seneca Town Board, pursuant to the attachment submitted by the Town Attorney and Town Clerk.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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16. Town Clerk re Status change for part-time clerk Peggy Pomana
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerk Peggy Pomana to part-time seasonal effective January 3 – April 30, 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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17. Town Clerk re Budgetary transfer request
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budget amendment to increase revenue Acct. #1.0001.3060 by $8299.30 and increase expense Acct. #1.1410.0442.3333 by $8299.30 for the Records Management grant.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 20, 2010
Page seven . . .
19-C COMMUNICATIONS
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18. Highway Supt. re Carryover of unused personal days for Anne Rappold & vacation days for Dina Weixlmann
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19. Highway Supt. re Status change for part-time seasonal laborer Richard Cotter to part-time
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time seasonal laborer Richard Cotter, 58 Tampa Drive to part-time effective December 20, 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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20. Highway Supt. re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4000 to D. Spirit Mosaic and Marble Company, Inc. for repair of the staircase.
Ayes: All Noes: None Motion Carried
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19-D REPORTS
· Patricia C DePasquale, Town Clerk’s report for November 2010 received and filed.
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of December 15, 2010; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period December 2 – December 15, 2010 received and filed.
ISSUES OF THE PUBLIC
LETTER CONCERNING UNSHOVELED SIDEWALKS
Mark Jarczyk, Orchard Avenue, apologized to Highway Supt. Matthew English for last month’s comments on the snow removal efforts. He further referred to a letter sent to senior citizens regarding a fine of $150 to be imposed for unshoveled sidewalks and felt another letter should be sent to the seniors rescinding this.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 20, 2010
Page eight . . .
ISSUES OF THE PUBLIC
LETTER CONCERNING UNSHOVELED SIDEWALKS (continued)
Councilman Clarke had received complaints from Orchard Avenue residents and noted that he had spoken to the Code Enforcement Office and the matter has been resolved.
Mr. Jarczyk questioned whether the town had considered purchasing equipment to clear the sidewalks of snow.
Supervisor Piotrowski advised that the town had a piece of equipment for that purpose.
Highway Supt. Matthew English clarified that town equipment is for use on town property (i.e. sidewalks located in front of Town Hall).
TOWN JUSTICE RACE
Karen Lucachick, Greenmeadow Drive, questioned if the Town Justice race had been decided.
Councilwoman Meegan responded that the election results have not been certified as yet, but Mr. Jeffrey Harrington was victorious and it should be certified shortly.
AMERICORPS LAWSUIT
Karen Lucachick, Greenmeadow Drive, referred to the lawsuit filed against Mark Lazzara and questioned if that will also include the 1.8 million dollars owed to the town.
Town Attorney Shawn Martin advised that this will be determined by the attorney handling the case. Some of that is grant money that comes in from other entities and it is not under the agreement.
Mrs. Lucachick questioned if there was any chance the town would consider taking back 20 School Street.
Supervisor Piotrowski responded that they should leave this up to the attorneys to decide what to do with 20 School Street.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 20, 2010
Page nine . . .
ISSUES OF THE PUBLIC
STATUS OF RECREATION COMMISSION
Karen Lucachick, Greenmeadow Drive, referred to the work session held prior to the meeting and questioned the status of the proposed Recreation Commission.
Supervisor Piotrowski stated that no decision had been made and they were still getting input from the organizations. Town Attorney Shawn Martin will be developing legislation based on the input and suggestions received.
Mr. Martin suggested that Mrs. Lucachick contact him in a couple weeks and he will provide her with the information he has to date.
Supervisor Piotrowski noted that a public hearing will be scheduled for sometime in February to adopt a local law.
FILLING OF VACANT POSITIONS
Karen Lucachick, Greenmeadow Drive, commented that the town was losing a number of key positions due to retirement and questioned if any effort was being made to replace the employees.
Supervisor Piotrowski responded that the positions are not vacant yet, and the Town Board cannot make a decision until they are.
Mrs. Lucachick commented that it is common practice to look for candidates to fill positions when employees submit their resignation.
Supervisor Piotrowski responded that this is presuming they are going to fill the positions and they have not made these decisions yet.
WEST SENECA YOUTH HOCKEY ASSOCATION FEES
Ken Moeller, Rolling Woods Lane, stated that West Seneca Youth Hockey Association players paid $190,000 in fees to the town in 2010 and this was an increase over the last two seasons of almost $40,000. The 2010 town budget showed the Recreation Department’s budgeted revenue at $400,000 so almost half of that comes from the West Seneca Youth Hockey Association players. Mr. Moeller stated that the expenses directly attributed to the ice rink are under $79,000 and he questioned why the Town Board was unfairly targeting the West Seneca Youth Hockey Association players’ families and forcing them to overpay for the use of town facilities by over $120,000. He noted that the Town Board’s intention on the issue of repair or replacement of the ice rink has never been publicly documented even after all the presentations made earlier this year at work sessions.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-19
West Seneca, NY 14224 December 20, 2010
Page ten . . .
ISSUES OF THE PUBLIC
DISASTER COORDINATOR RESIGNATION
Disaster Coordinator Mike Kerl thanked the Town Board for their support over the years, noting that it was his pleasure to serve the Town of West Seneca as Disaster Coordinator. Mr. Kerl stated that he was the second oldest in tenure in Erie County and this had been a very rewarding career for him. He also added that he owes credit to many people in the council chambers, including former Highway Supt. Patrick Finnegan and current Highway Supt. Matthew English, Chief Gehen, and the Town Board and emphasized that the position of Disaster Coordinator is vital for the Town of West Seneca. Mr. Kerl further noted he is willing to assist whoever takes over the position.
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 matters and personnel issues.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 8:25 P.M.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:26 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK
This item deleted at 01/10/2011 Town Board Meeting