Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
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.
4-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-03 of March 7, 2011.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the March 7, 2011 Executive Session.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the February 28, 2011 bid opening for a field rake.
Ayes: All Noes: None Motion Carried
· Motion by supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the February 28, 2011 bid opening for an asphalt roller.
Ayes: All Noes: None Motion Carried
4-B LEGAL NOTICE
1. 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 HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 736 UNION ROAD FOR A PORTRAIT STUDIO” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page two . . .
4-B LEGAL NOTICES
1. (continued)
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 February 10, 2011 meeting, the Planning Board recommended approval of the request for a home occupancy permit for property located at 736 Union Road for a portrait studio.”
Councilman Clarke questioned if there will be any changes from the doctor’s office to the proposed use and Mr. Lattanzio confirmed there will not be.
Arlene Vogt, Union Road, stated that as part of the Master Plan they were trying to keep this area residential and she questioned how they could allow a portrait studio at this location.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
Councilman Clarke stated that he would like to table this item to allow him time to do some research relative to Mrs. Vogt’s comment.
Motion by Councilman Clarke, seconded by Councilwoman Meegan, to table this item until the end of the meeting.
Ayes: All Noes: None Motion Carried
4-C COMMUNICATIONS
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1. Supervisor Piotrowski re Designation of Evelyn Hicks to the Erie County Environmental Management Council
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to designate Evelyn Hicks to serve as the Town of West Seneca's representative on the Erie County Environmental Management Council for a two year term to expire on May 31, 2013.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page three . . .
4-C COMMUNICATIONS
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2. Supervisor Piotrowski re Resignation of Nancy Dollard as Community Development Loan Officer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of Nancy K. Dollard and terminate her as Community Development Loan Officer effective March 24, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilwoman Meegan questioned the replacement for this position and if it was a county or town obligation and Supervisor Piotrowski stated he thought it was a county obligation.
Ayes: All Noes: None Motion Carried
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3. Councilwoman Meegan re Sunshine Park tournament
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the town sponsoring the Crusade Against Impaired Driving tournament to be held at Sunshine Park on August 13, 2011.
Ayes: All Noes: None Motion Carried
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5. Town Attorney re CDBG project agreement
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the 2011-2012 Erie County Community Development Block Grant Project agreement, which will allow for reconstruction of the road, curbs and sidewalks of Columbia Parkway from Seneca Street to Manhassett Street and Belgia Place from Indian Church Road to the end.
Ayes: All Noes: None Motion Carried
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5. Highway Supt. re Bid award for asphalt roller
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for a self-propelled vibrating tandem asphalt roller for the Highway Department to Baschmann Services at their bid price of $28,630.79, noting that this was the only bid received on this equipment.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page four . . .
4-C COMMUNICATIONS
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6. Highway Supt. re Bid award for field rake
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for a field rake for the Buildings & Grounds Department to Cazenovia Equipment at their low bid of $10,485.
Ayes: All Noes: None Motion Carried
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7. Highway Supt. re Rate increase for part-time laborers H. Schwartz & R. Mingle
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to increase the rate of pay to $12 per hour for part-time Buildings & Grounds Department laborers Harold Schwartz and Rick Mingle effective March 21, 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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8. Highway Supt. re Attendance at Highway Superintendent’s school
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Highway Supt. Matthew English and Deputy Highway Supt. Alan Kerner to attend the 2011 Highway Superintendent’s school June 6 – 8, 2011 at Ithaca College, Ithaca, New York, at a cost not to exceed $1400.
Ayes: All Noes: None Motion Carried
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9. Chief Gehen re Attendance at NYS Chiefs of Police training
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Chief Gehen to attend the 2011 NYS Chief’s of Police training conference July 17 – 20, 2011 at the High Peaks Hotel, Lake Placid, New York, at a cost not to exceed $1195.07.
Ayes: All Noes: None Motion Carried
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10. Chief Gehen re Attendance of Asst. Chief Denz at E-Justice Integrated Justice Portal training
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Asst. Chief Denz to attend the NYS E-Justice Integrated Justice Portal training April 5 – 6, 2011 in Albany, New York, at a cost not to exceed $460.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page five . . .
4-C COMMUNICATIONS
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11. Highway Supt. re Attendance of Lt. Szmania & Officers Szymanski & Gibbons at training conference
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Lt. Dave Szmania and Police Officers Dan Szymanski and James Gibbons to attend the annual Law Enforcement Traffic Safety conference April 26 – 27, 2011 in Syracuse, New York, at a cost not to exceed $1023.
Ayes: All Noes: None Motion Carried
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12. Chief Gehen re Attendance of Det. Morano & Crowe at Magloclen training conference
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Detectives Ken Morano and Dan Crowe to attend the Magloclen training conference April 4 – 7, 2011 in Pittsburgh, Pennsylvania, at a cost not to exceed $920.
Ayes: All Noes: None Motion Carried
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13. Town Clerk re Attendance at NYS Town Clerk’s Association annual conference
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Town Clerk Patricia DePasquale and Deputy Town Clerk Jacqueline Felser to attend the NYS Town Clerk’s Association annual conference in Buffalo, New York, May 1 – 4, 2011 at a cost not to exceed $325.
Ayes: All Noes: None Motion Carried
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14. Town Clerk re Status change for part-time seasonal clerk Margaret Pomana to part-time permanent
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time seasonal clerk Margaret Pomana to part-time permanent effective April 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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15. Comptroller re 2010 budget adjustment
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the attached list of budget transfers for the year 2010.
On the question,
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page six . . .
4-C COMMUNICATIONS
15. (continued)
Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to table this item until the end of the meeting.
Ayes: All Noes: None Motion Carried
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16. Highway Supt. re Title change for Jeremy Musial to Sanitation Motor Equipment Operator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Jeremy Musial as Sanitation Laborer and appoint Jeremy Musial as Sanitation Motor Equipment Operator at a rate of $19.59 per hour effective March 21, 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. Highway Supt. re Title change for Samuel Gioia to Sanitation Motor Equipment Operator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Samuel Gioia as Sanitation Laborer and appoint Samuel Gioia as Sanitation Motor Equipment Operator at a rate of $19.59 per hour effective March 21, 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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4-D REPORTS
· Patricia C DePasquale, Town Clerk’s report for February 2011 & Receiver of Taxes’ report as of March 7, 2011 received and filed.
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of March 16, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period March 3 – March 16, 2011 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page seven . . .
ISSUES OF THE PUBLIC
POSTING OF MINUTES ON TOWN WEBSITE
Amy Carpenter, Woodward Crescent, noted that the minutes from the February Town Board meeting had not yet been posted on the town’s website.
Councilwoman Meegan stated that she will check on this tomorrow.
PROCEDURAL QUESTIONS ON PLANNING & ZONING BOARD
Amy Carpenter, Woodward Crescent, questioned if applicants to the Planning Board and Zoning Board were informed of the power point projector for displaying their projects.
Code Enforcement Officer John Gullo stated that when he meets with applicants he tells them about the system and there are two projects coming up next month that will be using the equipment.
Mrs. Carpenter noticed that often the members of the Planning Board and Zoning Board are not aware of the most recent things that have taken place on the projects and she questioned if there was a time limit for submittals so the members have sufficient time to review the material.
Mr. Gullo advised that applicants must submit information two weeks prior to the scheduled meeting. The Town Clerk’s office forwards the submittals to the board members and they have an opportunity to visit the site or contact his office with any questions they might have.
Mrs. Carpenter referred to the most recent Planning Board meeting and the Queens Landing Subdivision that generated a lot of questions from the board members.
Mr. Gullo responded that this was a special instance with engineering drawings coming through and they wanted to get the drainage done before the deadline for changes to the Stormwater Prevention Act.
Karen Lucachick, Greenmeadow Drive, questioned why the Queens Landing Subdivision was a special case.
Mr. Gullo responded that they needed a stormwater protection plan drawing and the deadline was March 1st before all the changes would be made. They had already started the process and wanted to get it in before the changes went into effect.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page eight . . .
ISSUES OF THE PUBLIC
STATUS OF SENECA MALL SITE TAX ASSESSMENT
Amy Carpenter, Woodward Crescent, questioned if any determination had been made on the tax assessment for the former Seneca Mall site.
Town Attorney Shawn Martin advised that this matter was still in court and they were scheduled to report back next Thursday.
ICE RINK REPAIRS
Art Nagle, Mill Road, questioned if the town had made any decision on whether to build a new ice rink or repair the old one.
Supervisor Piotrowski responded that nothing had been decided yet and it was still under consideration.
Mr. Nagle suggested that the Town Board consider the old Seneca Mall site for building a new ice rink and noted that it might encourage other retailers to locate there.
GROUP HOMES ON BULLIS ROAD AND SENECA STREET
Charlene Poole, Bullis Road, questioned who will be housed in the two group homes that were built at the end of Bullis Road and Seneca Street.
Code Enforcement Officer John Gullo responded that New York State built the two facilities without any approvals from the town. The town also does not have any say in who is housed in the group homes. Mr. Gullo suggested that Ms. Poole contact the state for an answer to her question.
Ms. Poole stated that the residents had a right to protect their families and as of last Monday, Wednesday and Friday, a correctional facility vehicle with inmates was at the group homes.
Councilman Clarke agreed with Mr. Gullo’s comments and stated that unfortunately the state superseded the elected officials in town. They did not even have to tell the town they were building the group homes.
Chief Gehen noted that the sex offender registry would apply with the group homes so if a Level 2 or 3 offender were living there his department would be notified.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page nine . . .
ISSUES OF THE PUBLIC
HOME OCCUPANCY PERMIT – 736 UNION ROAD
Arlene Vogt, Union Road, stated that she spoke with John Lattanzio, applicant for the home occupancy permit at 736 Union Road. He planned to live at the property and only put up a shingle with no large sign advertising the business. Only 20 percent of the house will be used for the portrait studio, so she had no problem with the home occupancy permit.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a home occupancy permit for property located at 736 Union Road for a portrait studio.
Ayes: All Noes: None Motion Carried
RESIGNATION OF MARK LAZZARA FROM AMERICORPS
Johanna Guenther, Neubauer Court, commented on Mark Lazzara’s resignation from WNY AmeriCorps and questioned if he will be getting a pension from the town and if his resignation had any bearing on the town being reimbursed for the money owed by AmeriCorps.
Comptroller Robert Bielecki stated that pensions are governed by New York State not the town, so it would be up to the state to decide on his pension and Mr. Lazzara’s resignation was independent of any outstanding debt owed the town.
SMOKES CREEK POLLUTION
Johanna Guenther, Neubauer Court, commented on the pollution in Smokes Creek and stated there has been a pump on Elmsford Drive for raw sewage for 45 years. Her children and others in the neighborhood used to play in Smokes Creek and now her son and a friend’s son from Elmsford Drive have colitis. Mrs. Guenther suggested that their colitis may have been caused by the raw sewage and thought the town should stop pumping into Smokes Creek.
PORTABLE SIGN ON ORCHARD PARK ROAD AT EAST & WEST ROAD
Linda Toy, Burch Avenue, commented on the portable sign for the softball association that was positioned on Orchard Park Road at East & West Road and stated that the lights were blinding when you drive past it at night. She questioned if they had received a permit for the sign.
Code Enforcement Officer John Gullo stated that he will contact the softball association regarding the brightness of the sign.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-04
West Seneca, NY 14224 March 21, 2011
Page ten . . .
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 7:25 P.M. to discuss three legal matters and one real estate matter with Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 7:50 P.M.
BUDGET TRANSFERS
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the attached list of budget transfers for 2010.
Ayes: All Noes: None Motion Carried
*APPENDICES*
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 7:55 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK