Town Board Minutes

WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 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.
 
The meeting was dedicated to the memory of Ann Lovelock.
 
7-A    MINUTES TO BE APPROVED
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-06 of April 25, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
·     Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the May 2, 2011 bid opening for the Elmsford Drive & Court Reconstruction Project.
 
          Ayes: All                                 Noes: None                             Motion Carried
 
·     Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the May 9, 2011 bid opening for a cube van.
 
          Ayes: All                                 Noes: None                             Motion Carried
 
7-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 CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1881 RIDGE ROAD, BEING PART OF LOT NOS. 294 & 336, CHANGING ITS CLASSIFICATION FROM C-1 & C-2 TO C-1(S) & C-2(S), FOR A PEP BOYS AUTO SERVICE/RETAIL FACILITY” in the Town of West Seneca, be received and filed.                                                   (Developers Diversified Realty Corporation)
 
         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 #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page two . . .
 
7-B    LEGAL NOTICES
 
1.        (continued)
 
Supervisor Piotrowski read the recommendation of the Planning Board: “At its April 14, 2011 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1881 Ridge Road, being part of Lot Nos. 294 & 336, changing its classification from C-1 & C-2 to C-1(S) & C-2(S), for a Pep Boys auto service/retail facility, conditioned upon the following: 1) the automotive use does not include collision repair, painting, or exterior storage; 2) green areas mandated by the ordinance and in the front of the building shall be landscaped and treed equivalent to or better than Denny’s located to the west; 3) a bubble island shall be constructed perpendicular to Ridge Road following the existing green area at the east end of the center island the length of the parking space and doubling back two parking spaces to the west; 4) no more than five bay doors; 5) no new or used vehicle sales.”
 
Allison Mathern, Project Manager for Pep Boys, stated that the company was formed in 1921 in Philadelphia where their main office is still located and their main business is retail sale of auto parts and accessories as well as automotive service. They are publicly held and traded and have 715 stores across the country and in Puerto Rico, all corporately owned, no franchises. They do have supercenters that are 15,000 to 20,000 sf and 50 percent service, 50 percent retail; however, the proposed store will be a service and tire center, 5,000 sf with service only and limited retail for people waiting for their vehicles to be serviced. There will be five bay doors and seven service bays inside the building for light duty automotive repair. No repairs will be done outside the building, there will be indoor storage of used tires, and an oil/water separator will be installed. The store will have six full-time employees, hired from the local community, with a maximum of four at a time working one shift.  The current hours of operation for service and tire centers is Monday – Friday 8 AM to 6 PM, Saturday 8 AM to 4 PM, and closed on Sundays, but they would like to reserve the right to be open Sunday if business necessitates additional hours. Pep Boys has an in-house environmental department and they are heavily involved in recycling products such as oil filters, tires, batteries, miscellaneous car parts, and waste fluids. They also accept waste fluids from the public and a third party vendor picks up the fluid and recycles it.
 
Diane Mikovsky of Developers Diversified Realty stated that Pep Boys will be occupying the old video store location and converting the front elevation along Ridge Road to five garage doors with seven locations for auto service inside. The rest of the exterior will remain the same other than a fresh coat of white paint and new signage. The Planning Board had requested that the right-of-way drainage culvert along Ridge Road be filled in and landscaped similar to Denny’s and plans have been submitted to the Code Enforcement Office subject to approval of the Erie County Department of Transportation. Plans were also submitted for construction of a double wide island landscaped to match Denny’s.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page three . . .
 
 
7-B    LEGAL NOTICES
 
1.    (continued)
 
Councilwoman Meegan questioned if there were floor drains currently in the store and if vehicles in for repair will be stored inside overnight.
 
Ms. Mathern advised there were no drains in the store, but they will be installing a trench drain. Any vehicles left overnight will be stored inside.
 
Highway Supt. Matthew English questioned if there will be a charge for recycling oil.
 
Ms. Mathern did not believe there was a charge for that service.
 
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 issue a Negative Declaration for the proposed Pep Boys auto service/retail facility at 1881 Ridge Road on the condition that it is in compliance with NYSDEC regulations and town ordinances and does not present an adverse impact to the environment.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request for a special permit for property located at 1881 Ridge Road, being part of Lot Nos. 294 & 336, changing its classification from C-1 & C-2 to C-1(S) & C-2(S), for a Pep Boys auto service/retail facility, conditioned upon the following: 1) the automotive use does not include collision repair, painting, or exterior storage; 2) green areas mandated by the ordinance and in the front of the building shall be landscaped and treed equivalent to or better than Denny’s located to the west; 3) a bubble island shall be constructed perpendicular to Ridge Road following the existing green area at the east end of the center island the length of the parking space and doubling back two parking spaces to the west; 4) no more than five bay doors; 5) no new or used vehicle sales.
 
         Ayes: All                                 Noes: None                             Motion Carried
                                                                                                   *APPENDICES*
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page four . . .
 
7-B    LEGAL NOTICES
 
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 SPECIAL PERMIT FOR PROPERTY LOCATED AT 100 RANSIER DRIVE, BEING PART OF LOT NOS. 188, 189, 197, 202, 205, 210, 213, 218 & 225, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR CONSTRUCTION OF AN EQUIPMENT STORAGE AREA, PUBLIC RETAIL COMPRESSED NATURAL GAS FUELING AREA & SHOP REPAIRS” in the Town of West Seneca, be received and filed.                                (Waste Management of New York)
 
         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 April 14, 2011 meeting, the Planning Board recommended approval of the request for a special permit for property located at 100 Ransier Drive, being part of Lot Nos. 188, 189, 197, 202, 205, 210, 213, 218 & 225, changing its classification from M-1 to M-1(S), for construction of an equipment storage area, public retail compressed natural gas fueling area & shop repairs.
 
         Brian Bouquard of ET Environmental stated that Waste Management will be converting their vehicles to operate on compressed natural gas, which will result in quieter engines and reduced emission of greenhouse gas. He presented a power point demonstration on the process for converting the natural gas and the filling of vehicles. Mr. Bouquard stated there will be three cylinders that will store the natural gas and one compressor on site. There will be a time fill location for Waste Management’s fleet to fill up overnight and a public retail fill location, along with emergency shut down devices and fire hydrants every 50 to 75 feet.
 
         Councilwoman Meegan questioned how many facilities of this type were in operation across the United States.
 
         Mr. Bouquard stated that Waste Management had approximately 20 facilities of this nature currently being built or already in operation across the country. National Fuel Gas currently operates a compressed natural gas retail facility within five miles of this site on Mineral Springs Road.
 
         Amy Carpenter, Woodward Crescent, questioned if there are readings to determine the amount of natural gas that is released in the air through the process, how safe the facilities are, and the hours of operation.
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page five . . .
 
7-B    LEGAL NOTICES
 
2.        (continued)
 
         Mr. Bouquard responded that the amount of natural gas released was below any permitting thresholds. The emergency shut down devices were there if needed and there is also an optical flame detector that will shut down the system. The time fill and retail fill facility is under camera surveillance through Waste Management and monitored 24/7 and they are proposing a 24/7 operation.
 
         Bill Hanley, Maryon Drive, stated that he works for National Fuel Gas and they have a compressed natural gas quick fill service center on Mineral Springs Road and a non-public facility at the back of the plant where they fill their own vehicles. The NFTA and NYSDOT also have their own compressed natural gas facilities. Mr. Hanley stated that this is a safe operation and National Fuel Gas has been doing this for over 20 years without incident. He further noted that the only time natural gas is released to the air is if there is an emergency shut down of the system.
 
         Councilman Clarke stated that he was also familiar with this system and it is safe; however, he asked that each of the pedestals have a separate shut off valve. This would be an additional safety feature and also prevent them from shutting down the entire system if there is an incident.
 
         Councilwoman Meegan questioned how many vehicles can be serviced at one time and if there is someone at the facility monitoring it.
 
         Mr. Bouquard stated they were proposing 94 vehicles at the time with a possible future expansion. The facility is monitored with cameras and the person is located off-site.
 
         Supervisor Piotrowski questioned if ET Environmental will maintain the facility.
 
         Mr. Bouquard responded that the equipment and lines were maintained by another company, IMW, that will install the equipment and have a maintenance agreement with Waste Management.
 
         Bill Czuprynski, Reserve Road, questioned if the special permit will apply to the entire property.
 
         Town Attorney Shawn Martin advised that the special permit will only apply to a portion of Waste Management’s property.
 
         Mr. Czuprynski questioned the percentage of the property that the special permit will apply to and stated that it should be outlined how much of the property is involved.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page six . . .
 
7-B    LEGAL NOTICES
 
2.    (continued)
 
Supervisor Piotrowski stated that the documentation provided by the applicant and reviewed by the Planning Board indicates the area encompassing the project and it only covers parts of the Lot Nos. published in the legal notice.
 
Councilwoman Meegan estimated the special permit being applied to about one-third of the property. She further noted that CID Refuse is the owner of the property and there was a PILOT program on the property since 1998. Councilwoman Meegan questioned the status of that PILOT program and asked Mr. Martin to look into this. She suggested tabling this until the end of the meeting to allow time to research this question.
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the end of the meeting.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 3.     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 1744 UNION ROAD, BEING PART OF LOT NOS. 82 & 83, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR SERVICE OF BEER & WINE” in the Town of West Seneca, be received and filed.         (Gardenview Restaurant)
 
         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 April 14, 2011 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1744 Union Road, being part of Lot Nos. 82 & 83, changing its classification from C-2 to C-2(S), for service of beer & wine.”
 
         George Pappas of Gardenview Restaurant, 1744 Union Road, stated that they would like to be able to serve beer and wine to compete with other restaurants in the area.
 
         No comments were received from the public.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page seven . . .
 
7-B    LEGAL NOTICES
 
3.        (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 issue a Negative Declaration for 1744 Union Road, noting there is no adverse impact to the neighbors or the surrounding area and they are in compliance with all federal and state regulations.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request for a special permit for property located at 1744 Union Road, being part of Lot Nos. 82 & 83, changing its classification from C-2 to C-2(S), for service of beer & wine.
 
         Ayes: All                                 Noes: None                             Motion Carried
                                                                                                   *APPENDICES*
 
7-C    COMMUNICATIONS

      
1.         Supervisor Piotrowski re Queen of Heaven R.C. Church annual carnival                                                                    
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant the request of Queen of Heaven R.C. Church to hold their annual carnival July 7 & 8, 2011 5:00 P.M. – 12:00 A.M and July 9 & 10, 2011 12:00 P.M. – 12:00 A.M.
 
Ayes: All               Noes: None           Motion Carried
 
 2.   Town Engineer re Bid award for Elmsford Drive & Court Reconstruction Project
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the bid received from Nova Site Company for the Elmsford Drive & Court Reconstruction Project, Job No. E-1101, for a total base bid amount of $1,179,884.53 and award the contract to them contingent upon securing final project funding and final attorney approval.
 
Ayes: All               Noes: None           Motion Carried

 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page eight . . .
 
7-C    COMMUNICATIONS

 
   3.    Town Engineer re Title change for Ronald Pfeil to Principal Engineering Assistant
        
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Ronald Pfeil as Senior Engineer Assistant and appoint Ronald Pfeil as Principal Engineer Assistant, Group 11, Step 1, at an annual salary of $63,624.67 effective May 10, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
4.        Highway Supt. re Budgetary transfer request
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $6630 from Contingency Fund Acct #1.1990.0480 to Burchfield Building Acct. #1.7420.0445 for the Highway Department.
 
Ayes: All               Noes: None           Motion Carried
 
   5.   Highway Supt. re Purchase requiring Town Board approval
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6630 to Northeast Mechanical Inc. for installation of two (2) roof mounted fans at the Burchfield Center.
 
Ayes: All               Noes: None           Motion Carried
 
   6.   Chief Gehen re Resignation of Melissa Kawa as Clerk Typist
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of Melissa Kawa and terminate her as Clerk Typist in Police Records effective April 29, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
  7.   Chief Gehen re Status change for Clerk Typist Tim Maciejewski to part-time seasonal
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Clerk Typist Tim Maciejewski to part-time seasonal effective May 1 – 31, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried

 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page nine . . .
 
 
7-C    COMMUNICATIONS

 
   8.   Town Clerk re Attendance at NY Association of Local Government Records Officers annual school
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Town Clerk Patricia DePasquale to attend the New York Association of Local Government Records Officers annual school June 5 – 7, 2011 in Verona, New York, at a total cost not to exceed $725.
 
Ayes: All               Noes: None           Motion Carried
 
   9.   Town Clerk re Southgate Plaza Spring Carnival
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Southgate Plaza to hold their Spring Carnival May 28 – 31, 2011.
 
Ayes: All               Noes: None           Motion Carried
 
 10.    Recreation, Youth, Senior Services Director re Status change for M Bless to part-time seasonal
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Marirose Bless from part-time to part-time seasonal effective May 1 – June 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
11.     Highway Supt. re Bid award for cube van
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for a cube van to Joe Basil Chevrolet, Inc., 5111 Transit Road, Depew, NY 14043 at their bid price of $29,169.
 
Ayes: All               Noes: None           Motion Carried
 
 12.    Recreation, Youth, Senior Services Director re Budgetary transfer request
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $2750 from Contingent Account #1.1990.0480 to Senior Citizens Equipment Maintenance Account #1.76200.0443 for repair and maintenance on treadmill.
 
Ayes: All               Noes: None           Motion Carried

 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page ten . . .
 
7-D    REPORTS
 
·         Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of May 4, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period April 21 – May 4, 2011 received and filed.
 
ISSUES OF THE PUBLIC
 
          HOUGHTON COLLEGE PROJECT & TAX ABATEMENTS
 
          Arlene Vogt, Union Road, questioned if the Town Board was still appealing Judge Whalen’s decision on the Houghton College project.
 
         Councilwoman Meegan confirmed they were still appealing the decision.
 
         Mrs. Vogt commented that property taxes for Katie’s Place are only $3857 a year and it is assessed at $105,000. She questioned how many times a company can take advantage of tax abatements in a single town and if anyone monitors this.
 
         Supervisor Piotrowski stated they will look into this and let Mrs. Vogt know by the end of the week.
 
         Mrs. Vogt questioned why the property was assessed at only $105,000.
 
         Councilwoman Meegan stated that she was told that under the PILOT program the property was only being assessed at its purchase price which was $105,000.
 
         Mrs. Vogt thought the town should be looking at the PILOT programs more carefully.
 
         Councilwoman Meegan stated that she recently asked Town Assessor Kandace Wittmeyer to look at the entire industrial park and where all those businesses are with their PILOT programs. She expected to have that information in a couple weeks and they can publish it on the website.
 
         ELMSFORD DRIVE RECONSTRUCTION PROJECT
 
         Kim Weisenburg, Elmsford Drive, referred to the proposed reconstruction project for her street and stated that someone from the Engineering Department stopped at her house this date and informed her husband that their fence will have to be moved back two feet. She lives on a corner lot and the fence was constructed 17 years ago through the proper process and with proper permits. Mrs. Weisenburg stated that her husband is disabled and cannot move the fence himself. She further noted that the residents of Elmsford Drive were not informed of the reconstruction project.
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page eleven . . .
 
ISSUES OF THE PUBLIC
 
          ELMSFORD DRIVE RECONSTRUCTION PROJECT   (continued)
 
         Town Engineer Richard Henry apologized for no notification but stated they did not want to send out any notification until the project was awarded. There will be a notice sent to all residents of Elmsford Drive prior to the start of construction. Mr. Henry understood that the Weisenburg’s fence is in the right-of-way and everything in the right-of-way had to be moved. He will call Mrs. Weisenburg to set up an appointment for Councilman Clarke and himself to meet with her.
 
         PROPERTY MAINTENANCE AT BULLIS ROAD & SENECA STREET
 
         Charlene Poole, Bullis Road, commented on the cinder blocks and pallets at Perry’s Nursery that are blocking the view when making a right on red onto Seneca Street. Mark’s Auto Sales also has cars parked on both sides of the street and pickup trucks full of tires and they race up and down Bullis Road. She asked that the town have these businesses clean up their property.
        
         Code Enforcement Officer Jeffrey Schieber stated he will check on these properties.
 
         SETBACK OF GROUP HOMES
 
Charlene Poole, Bullis Road, commented on the group homes that were built four feet from the lot line and thought it will be a problem for the fire department to access the building.
 
         Town Attorney Shawn Martin stated that New York State is a higher authority than the town and they basically do what they want. The town’s inspections are just cursory.
 
         Amy Carpenter, Woodward Crescent, suggested that the town write a letter to the state stating that it is not acceptable for them to violate the Town Code.
 
         Supervisor Piotrowski asked Code Enforcement Officer Jeffrey Schieber to check on the setbacks of the group homes and report back to the Town Board.
 
         STATUS OF SENECA MALL TAX ASSESSMENT
 
         Amy Carpenter, Woodward Crescent, questioned the status of the Seneca Mall tax assessment.
 
         Town Attorney Shawn Martin advised that this will be addressed tomorrow at 10:30 A.M.
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page twelve . . .
 
ISSUES OF THE PUBLIC
 
         PUBLIC FORUM TO DISCUSS SEWER REFERENDUM
 
         Amy Carpenter, Woodward Crescent, questioned if the Town Board had any plans to do something about the sewers and if there is a time frame for the public referendum.
 
         Councilwoman Meegan stated that they planned to hold a public forum to inform the public about the referendum and what is necessary to move forward with this expenditure. This will be done at the senior citizens center one day before lunch, once in the evening, and once on a Saturday. The forum will be advertised in the West Seneca Bee and Pennysaver, at the senior citizens center, youth center, and board meetings and on the website.
 
         Johanna Guenther, Neubauer Court, thanked Councilwoman Meegan for her interest in the sewer problem. She referred to the reconstruction of Elmsford Drive and questioned if the new road will have to be torn up for new sewers in the future.
 
         Town Engineer Richard Henry stated that the sewers are being relined this year but that is not part of the reconstruction project and there will be no disruption of pavement to do the sliplining.
 
         TAX ABATEMENTS QUESTIONED
 
         Karen Lucachick, Greenmeadow Drive, questioned if the town has to grant businesses a tax abatement on projects.
 
         Supervisor Piotrowski stated that PILOT projects are granted by the Erie County Industrial Development Agency (ECIDA) and they have to publicly notify the towns’ residents if a project is seeking to obtain tax abatements. The ECIDA holds the meetings either in the court room of Town Hall or in the library conference room. The meeting is publicized and the public has a right to comment at the meetings. The town has to accept what Erie County decides.
 
         Mrs. Lucachick thought the state and county were imposing too many things on the town and it might be time to let them know it is not acceptable.
 
         OUTSTANDING AMERICORPS DEBT
 
         Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt. She further referred to Councilwoman Meegan’s comment at the last meeting that there was some help in Albany for this situation and questioned who the help was.
 
         Comptroller Robert Bielecki advised that the town received $8000 for the May payment.
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page thirteen . . .
 
ISSUES OF THE PUBLIC
 
          OUTSTANDING AMERICORPS DEBT   (continued)
 
         Councilwoman Meegan stated that Senator Tim Kennedy helped the town get in touch with a few people in Albany and work with Mike Casciano of AmeriCorps. Money was appropriated in 2006 that is still there and $35,000 and $75,000 should be forthcoming to the town.
 
         POSTING OF TOWN JOBS ON WEBSITE
 
         Karen Lucachick, Greenmeadow Drive, questioned if the Clerk Typist position in the Code Enforcement Office was posted on the town’s website.
 
         Councilwoman Meegan stated that the Clerk Typist position is a Civil Service position and they have to hire from the list. They also cannot hire two part-time employees to replace a full-time position.
 
         CLEANUP OF TREES & BRANCHES ON ORCHARD PARK ROAD
 
         Karen Lucachick, Greenmeadow Drive, questioned who was responsible for cleaning up the trees and branches on property across from Nino’s on Orchard Park Road.
 
         Highway Supt. Matthew English stated he will check this out tomorrow.
 
         BROWNFIELD CLEANUP ON LANGNER ROAD
 
         Karen Lucachick, Greenmeadow Drive, questioned the purpose of the brownfield clean up on Langner Road and if Delta Sonic was expanding.
 
         Councilwoman Meegan stated there is money involved when it is declared as that and Delta Sonic was expanding.
 
         Mrs. Lucachick questioned if this will be good for the town or Delta Sonic.
 
         Supervisor Piotrowski responded that it will be good for both. The size of the facility will be increased and their tax assessment will also increase.
 
         FLASHING SIGNS AND UNENCLOSED DUMPSTERS
 
         Bill Czuprynski, Reserve Road, questioned if flashing signs were prohibited in West Seneca.
 
         Code Enforcement Officer Jeffrey Schieber advised that LED signs require Town Board approval while flashing signs are prohibited, but there may be some temporary signs that are flashing.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page fourteen . . .
 
ISSUES OF THE PUBLIC
 
         FLASHING SIGNS AND UNENCLOSED DUMPSTERS   (continued)
 
         Mr. Czuprynski stated there is a sign on Center Road at East Avenue that has been flashing for 6 to 8 months. He further questioned if there was an ordinance requiring that dumpsters be enclosed on commercial property and noted that a number of them were not shielded.
 
         Mr. Schieber responded that dumpsters were required to be shielded from public view. He was aware of two that were not and they had visited the sites and spoke to the property owner.
 
         Mr. Czuprynski stated there was another dumpster on the corner of Reserve Road and Orchard Park Road that also was not enclosed along with many others in town. He asked that something be done about the dumpsters and flashing signs by the next Town Board meeting.
 
         RESIDENT COMMENTS ON PROMOTION AND TOWN SALARIES
 
         Frank Russo, Parkside Drive, referred to Item #3 on the agenda concerning the title change for Ronald Pfeil to Principal Engineering Assistant and questioned his qualifications for the promotion.
 
         Councilwoman Meegan stated that Mr. Pfeil is a current employee, has an Associates Degree and was #1 on the Civil Service list for the Principal Engineering Assistant position. She noted that the promotion will cost the town a total of $400 per year.
 
         Mr. Russo commented that town salaries were too high and they needed to cut back.
 
         Councilwoman Meegan responded that Mr. Pfeil has been an employee of the town for 22 years and he was just moving up one step in the contract. A new hire would not start out at that salary. Councilwoman Meegan further noted the White Collar Contract was recently approved with salaries for new hires at 25 percent less.
 
         Mr. Russo stated that he would like to see what was included in the negotiations and thought that free health insurance for life for new employees should be eliminated. He also suggested that a moratorium be placed on hiring and that each of the departments be assessed to determine if additional help is needed.
 
         Councilwoman Meegan stated that new employees do contribute to the health insurance.
 
         Councilman Clarke commented that they have come a long way with regard to salaries and filling vacant positions and the unions have been very fair. Sacrifices were made on both sides and salaries were reduced for new hires. 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page fifteen . . .
 
ISSUES OF THE PUBLIC
        
         RESIDENT COMMENTS ON PROMOTION AND TOWN SALARIES   (continued)
 
Mr. Russo questioned if the 2010 town salaries will be published on the town website.
 
         Supervisor Piotrowski advised that the information was submitted to I-Evolve and it will be published shortly.
 
         Mr. Russo referred to the recent Clerk Typist appointment in the Code Enforcement Office and questioned if Councilman Clarke arranged to have that person’s name added to the Civil Service list.
 
         Councilman Clarke stated he did not arrange to have her name added to the Civil Service list. She took the exam and her name was on the list, but it was removed. She was entitled to be on the list and her name should not have been removed. 
 
         SOCCER PARK LEASE
 
         Frank Russo, Parkside Drive, noted that the soccer park lease was up in May and he questioned if they could bill the soccer association for the $2100.
 
         Supervisor Piotrowski stated that they were looking into doing that.
 
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 8:20 P.M. to discuss a personnel issue with Chief Gehen and a litigation matter with Town Attorney Shawn Martin.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
         The board returned from Executive Session at 8:35 P.M.
 
         LEGAL ITEM #2
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove Legal Item #2 from the table.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page sixteen . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
         LEGAL ITEM #2   (continued)
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to issue a Negative Declaration for the proposed project at 100 Ransier Drive as there is no adverse impact on the neighbors in the surrounding area and the project is in compliance with all state and federal regulations.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request for a special permit for property located at 100 Ransier Drive, being part of Lot Nos. 188, 189, 197, 202, 205, 210, 213, 218 & 225, changing its classification from M-1 to M-1(S), for construction of an equipment storage area, public retail compressed natural gas fueling area & shop repairs, contingent upon installation of a shut off on each pedestal.
 
         Ayes: All                                 Noes: None                             Motion Carried
                                                                                                   *APPENDICES*
 
         Councilwoman Meegan wished Mr. Bouquard luck on the project and commented that it was a good, green, clean project. She further stated that she talked to Highway Supt. Matthew English this date about converting some of the town’s vehicles to compressed natural gas.
 
         EMPLOYEE DIRECTORY
 
         Councilwoman Meegan stated that with the help of Dina Weixlmann, secretary in the Highway Department, an employee directory was put together and will be published on the website. The language on the town’s phone system will also be updated shortly.
 
         “IMAGES OF AMERICA – WEST SENECA” BOOK SIGNING   
 
         Councilwoman Meegan announced that Saturday, May 14th, 1:00 P.M. to 3:00 P.M., Town Historian James Pace, author of “Images of America - West Seneca”, a book about the history of West Seneca, will hold a book signing at Town Hall.
 
         WALKWAY OF FREEDOM
 
         Councilwoman Meegan stated that order forms are available in the Town Clerk’s Office and in pdf form on the town’s website for buying a brick to honor a veteran for the Walkway of Freedom.
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-07
West Seneca, NY 14224                                                    May 9, 2011
                                                                                             Page seventeen . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
         ENVIRONMENTAL COMMISSION STENCILING PROJECT
 
         Councilwoman Meegan stated that the Environmental Commission is conducting a stenciling project and will be going through neighborhoods. More information will be available on the town’s website.
 
          ADJOURNMENT
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:40 P.M.
 
         Ayes: All                                Noes: None                             Motion Carried
 
 
 
 
 
                                                                        _______________________________________
 PATRICIA C. DEPASQUALE, RMC/CMC
                                                                         TOWN CLERK