Town Board Minutes
.WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 June 6, 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 Molly Berger.
9-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-08 of May 23, 2011.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the May 31, 2011 and June 3, 2011 Special Town Board meetings.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the March 21, 2011 Executive Session.
Ayes: All Noes: None Motion Carried
9-B TABLED ITEM
1. Agreement with Level 3 – Received and filed.
9-C 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 REZONING FOR PROPERTY LOCATED AT 2979 CLINTON STREET, BEING PART OF LOT NO. 42, CHANGING ITS CLASSIFICATION FROM M-1 TO R-75A, TO EXPAND AN EXISTING RESIDENTIAL LOT” in the Town of West Seneca, be received and filed. (Kirk & Julia Ruhland)
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 June 6, 2011
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9-C 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 May 12, 2011 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 2979 Clinton Street, being part of Lot No. 42, changing its classification from M-1 to R-75A, to expand an existing residential lot, contingent upon an amendment to the proposed legal description.”
Attorney Michael Cooper represented the petitioners, Kirk & Julia Ruhland, and stated their request to expand an existing residential lot to include a ¾ acre parcel, noting that the property in the rear will be sold to a new owner and remain M-1 zoning.
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 approve the request for a rezoning for property located at 2979 Clinton Street, being part of Lot No. 42, changing its classification from M-1 to R-75A, to expand existing residential lot, contingent upon an amendment to the proposed legal description and approval of Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 4348 SENECA STREET, BEING PART OF LOT NOS. 59 & 104, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR SERVICE OF ALCOHOLIC BEVERAGES” in the Town of West Seneca, be received and filed. (William Sahlem)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 June 6, 2011
Page three . . .
9-C LEGAL NOTICES
2. (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 is May 12, 2011 meeting, the Planning Board recommended approval of the request for a special permit for property located at 4348 Seneca Street, being part of Lot Nos. 59 & 104, changing its classification from C-2 to C-2(S), for service of alcoholic beverages.”
William Sahlem stated his request for a special use permit for service of alcoholic beverages at 4348 Seneca Street, noting that the building formerly had a special permit for this purpose for 20 years but it expired because the bar/restaurant was closed for more than one year.
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 approve the request for a special permit for property located at 4348 Seneca Street, being part of Lot Nos. 59 & 104, changing its classification from C-2 to C-2(S), for service of alcoholic beverages.”
Ayes: All Noes: None Motion Carried
*APPENDICES*
9-D COMMUNICATIONS
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1. Supervisor Piotrowski re RFP for GPS units for Highway, Sanitation & Buildings & Grounds Departments
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to direct the Town Attorney to draft a request for proposal for gps units for use in all vehicles in the Highway, Sanitation and Buildings & Grounds Departments for approval at the June 20, 2011 Town Board meeting.
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West Seneca, NY 14224 June 6, 2011
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9-D COMMUNICATIONS
1. (continued)
On the question, Councilman Clarke referred to a previous comment from Supervisor Piotrowski that he did not have the support of the Town Board so he didn’t push for the gps units. Councilman Clarke stated that the last time the board members heard anything about the gps units was November 1, 2010 when town resident Amy Carpenter questioned the $50,000 grant for this purchase. Supervisor Piotrowski’s response at that time was that the town had the grant funds but had not yet made the purchase and he hoped to be going forward with it shortly. Councilman Clarke stated that Supervisor Piotrowski should have asked the board members then if they were in favor of this purchase instead of speculating. Councilman Clarke thought the gps units were a good purchase as long as they did not cost the taxpayers a lot of money.
Ayes: All Noes: None Motion Carried
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2. Councilwoman Meegan re IEvolve service agreement modification
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6707.48 to IEvolve for first and last month’s line charges and an interface card, noting that the monthly line charge is $2188.99, the term of service will run concurrently with the maintenance agreement, and this modification replaces FIOS with Level 3 as the provider of communication services at a cost savings of approximately $2500 per year.
Ayes: All Noes: None Motion Carried
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3. Town Attorney re Veteran’s Memorial Park walkway
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6550 to Leubner Landscape & Design for work performed on the Walkway of Freedom adjacent to Town Hall, noting that this amount will be reimbursed by the Veteran’s Committee.
Ayes: All Noes: None Motion Carried
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4. Town Engineer re Bid date for sewer vactor truck
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of July 12, 2011 at 10:00 A.M. for receipt of bids on the sewer vactor truck for use in the Sewer Service Department.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 June 6, 2011
Page five . . .
9-D COMMUNICATIONS
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5. Town Engineer re Appointment of Ronald Pfeil as Stormwater Management Officer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Ronald Pfeil as Stormwater Management Officer for the Town of West Seneca at an annual salary of $3000 per year effective June 7, 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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6. Town Engineer re Review of 2010 Annual Stormwater Report and Stormwater Management Plan
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that the 2010 annual stormwater report prepared by the WNY Stormwater Coalition will be available for public review in the Town Clerk’s office June 7 – 10, 2011 from 9:00 A.M. to 5:00 P.M.
Ayes: All Noes: None Motion Carried
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7. Highway Supt. re Status change for part-time seasonal laborers in Sanitation to part-time seasonal laborers in Highway Department
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of George Case and James Rappleye from part-time seasonal laborers in the Sanitation Department to part-time seasonal laborers in the Highway Department effective June 20 – August 19, 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 Purchases requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1762 to Door Specialties Inc. for replacement of an exterior door at the Senior Citizens Center.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 June 6, 2011
Page six . . .
9-D COMMUNICATIONS
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9. Highway Supt. re Appointment of part-time seasonal laborers in Highway Department
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the following part-time seasonal laborers to work as summer help in the Highway Department at a rate of $7.25 per hour effective June 20 – August 19, 2011:
Michael Fahey Jim Maslanka Sean McHuch
Jonathan Slominski Franklin Smith Matthew Wach
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 Status change for part-time Public Safety Dispatcher Richard Miller to part-time seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher Richard Miller to part-time seasonal effective June 1 – 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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11. Code Enforcement Officer re Status change for part-time Fire Inspector Robert Pinnavaia to part-time seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Fire Inspector Robert Pinnavaia to part-time seasonal effective June 7 – October 31, 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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12. Code Enforcement Officer re Removal of John Bager from Plumbing Board of Examiners & appointment of Robert Borucki
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate John Bager from the Plumbing Board of Examiners and appoint Robert Borucki to the Plumbing Board of Examiners effective June 7, 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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1250 Union Road Minutes #2011-09
West Seneca, NY 14224 June 6, 2011
Page seven . . .
9-D COMMUNICATIONS
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13. Youth, Recreation & Senior Citizens Director re Appointment of part-time seasonal employees
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the individuals on the attached list as part-time seasonal effective June 1 – September 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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14. Highway Supt. re Appointment of part-time seasonal laborers in Sanitation Department
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Zachary Dzierba, Chris Nowinski, Jonathan Nehl and Corey Reynolds as part-time seasonal laborers in the Sanitation Department at a rate of $7.25 per hour effective June 7 – September 25, 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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9-E REPORTS
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of June 1, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period May 18 – June 1, 2011 received and filed.
· John Gullo, Code Enforcement Officer’s monthly reports for January – May 2011 received and filed.
ISSUES OF THE PUBLIC
BOND FOR GPS UNITS
Beverly Leising, Harwood Road, referred to the $50,000 in bond funding for the gps units and questioned if the town paid interest on that.
Comptroller Robert Bielecki responded that the bond was actually a bond anticipation note (BAN) issued in 2008 and the interest rate was less than 1 percent. It stayed as a BAN for two years and then was rolled into a bond with a rate of about 2.5 percent. Mr. Bielecki further noted that the money has been in the bank earning interest at a rate of less than 1 percent.
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West Seneca, NY 14224 June 6, 2011
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ISSUES OF THE PUBLIC
BOND FOR GPS UNITS (continued)
Mrs. Leising questioned if the $50,000 bond funding and $50,000 grant funding was grouped together into one sum as an asset.
Mr. Bielecki stated that the money was in the Capital Projects Account as an open capital project.
Mrs. Leising questioned how the board members would have known this was part bonding and part grant funding for the gps units.
Mr. Bielecki stated that the bonds were approved by the Town Board for a specific thing.
Mrs. Leising thought there was a lack of communication between the Supervisor and board members and commented that they had a responsibility to the public to use this money wisely and conscientiously. She thought three years was too long to be left in the dark.
TALL GRASS AT LILY’S PLACE
Thomas McGowan, Carla Lane, commented on the 3.5 acres of woods that were removed when Lily’s Place was built on Southwestern Blvd. and Crofton Drive and the $150,000 worth of trees that were supposed to be planted by Buffalo RV along the back yards of the Carla Lane residents. Also, he was told by the former Code Enforcement Officer that the grass at Lily’s Place had to grow tall because it flowered, but the grass was now 12” to 15” tall and there was only one flower on it. Mr. McGowan was concerned that the grass would attract rodents and skunks.
Code Enforcement Officer John Gullo stated that he will check on this tomorrow and notify the property owner.
DUMPING IN CAZENOVIA CREEK AND SEWER ISSUES
Thomas McGowan, Carla Lane, stated that he recently walked the creek near Leydecker Road looking for the trunk line that was dumping raw sewage into Cazenovia Creek. He noticed a Seneca Street business that was dumping trash and debris over the cliff, which ends up in Cazenovia Creek. Mr. McGowan also noted the area around the bridge on Leydecker Road had become a dumping site and was loaded with tires, rims, recycling bins, pvc pipe, some old appliances, etc. He suggested some signage in this area.
Mr. Gullo asked for additional information on the Seneca Street business that is dumping over the cliff and stated that he will talk with Highway Supt. Matthew English about signage near the Leydecker Road bridge.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 June 6, 2011
Page nine . . .
ISSUES OF THE PUBLIC
DUMPING IN CAZENOVIA CREEK AND SEWER ISSUES (continued)
Mr. McGowan stated he will stop at Mr. Gullo’s office tomorrow with more information. He further referred to an article in the West Seneca Bee from People Inc. concerning the Houghton College project that stated the 4:1 ratio for the sewers will help diminish the likelihood of basements flooding and improve the quality of life of residents of Sewer District 13. The expected increase in sewage flow is equivalent to about 7500 gallons per day; however, the developer will be responsible for eliminating four times that amount or 30,000 gallons per day of storm water that enters the sanitary sewer system. Mr. McGowan questioned how the developer will accomplish this and who will be watching to ensure that he does what is required of him. He referred to other instances where Mr. Young did not follow through after a project was approved, specifically the road around Lily’s Place that the Planning Board proposed. The previous Fire Chief of Reserve Fire Company approved the road, but the current Fire Chief was not happy with what was installed. Mr. McGowan was concerned that someone watch what Mr. Young does with the sewage issue.
Town Engineer Richard Henry III stated there is DEC guidance on the 4:1 ratio and he will provide Mr. McGowan with this information at his office. The developer will be required to do lateral repairs, manhole repairs, and other repairs as part of the mitigation and the Engineering Department will be watching that. Mr. Henry stated he is very aware of the sanitary sewer problems in town.
Mr. McGowan suggested that the town use the money paid in fines to make repairs to the sanitary sewer system. He commented on the amount of raw sewage and other debris going into the creek and noted there are people downstream that swim and fish in the creek and are being exposed to that pollution. Mr. McGowan further referred to the proposed Phase III of Camelot Square Subdivision that will tie into Sewer District 13.
Mr. Henry responded that he was aware of the Phase III proposal and that project has not been approved. The Houghton College project also has not been approved.
Arlene Vogt, Union Road, recalled at a previous meeting that Mr. Henry had stated the 4:1 ratio would not help the Houghton College project or the sewer issues.
Mr. Henry responded that the 4:1 ratio would make no substantial difference and that is why they are looking at something totally different in terms of how they deal with new development in town.
Mrs. Vogt further recalled that Mr. Henry had stated he only had 12 sewer complaints on file and she questioned what happened to past complaints.
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West Seneca, NY 14224 June 6, 2011
Page ten . . .
ISSUES OF THE PUBLIC
DUMPING IN CAZENOVIA CREEK AND SEWER ISSUES (continued)
Mr. Henry did not know where any past complaints were filed and only had complaints received from January 2011 to date.
Mrs. Vogt suggested that town policy be adopted so when a town employee leaves their position any complaints received during their employment are not discarded. Mrs. Vogt felt bad that the sewer system has been overlooked and that the former Town Engineer did not make the residents aware of its condition, and thought the town should be held responsible if a residents’ basement backs up with raw sewage.
POSTING OF TOWN MEETINGS ON WEBSITE
Karen Lucachick, Greenmeadow Drive, questioned why the May 31st and June 3rd special meetings were listed as meetings when they were actually the PBA negotiations. She further referred to the meetings listed on the town website and thought the most current meeting should be at the top of the list where it would be more easily seen.
STATUS OF AMERICORP DEBT
Karen Lucachick, Greenmeadow Drive, questioned the status of the AmeriCorps debt.
Comptroller Robert Bielecki responded that he received an $8000 payment on May 31st for June.
Councilwoman Meegan stated that the Attorney General approved the contract and a check for $26,000 will be forwarded within 7 to 10 days. This was not the entire debt but they were working well together and had a great partnership.
PEER COUNSELING PROGRAM
Karen Lucachick, Greenmeadow Drive, stated that budget time is approaching and she hoped the Town Board would take another look at the Peer Counseling program. She questioned if any of the board members had met with the School Board or Superintendent to discuss the worthiness of this program.
Supervisor Piotrowski responded that all the board members have met with school officials and witnessed the program.
Councilman Clarke commented that the teachers, principals, School Board, and students all like the program.
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West Seneca, NY 14224 June 6, 2011
Page eleven . . .
ISSUES OF THE PUBLIC
PEER COUNSELING PROGRAM (continued)
Mrs. Lucachick referred to a recent article on volunteerism. The article suggested that instead of “paving the way” for children that want to volunteer, children should be given a list of places to volunteer and make their own contacts and arrangements to get there. Mrs. Lucachick thought the children should be given the chance to grow up and stand on their own two feet.
PUBLIC HEARING ON SEWER DISTRICTS ISSUES
Karen Lucachick, Greenmeadow Drive, referred to the upcoming public hearing June 20th at 6 P.M. concerning the sewer districts and asked that this be publicized.
Councilwoman Meegan stated that the West Seneca Bee has been notified of the June 20th meeting and the July 8th meeting at 12:00 P.M. at the Senior Citizens Center concerning the sewer districts.
RECREATION COMMISSION
Amy Carpenter, Woodward Crescent, questioned the status of the Recreation Commission that was initially discussed at the June 21, 2010 Town Board meeting.
Town Attorney Shawn Martin advised that the local law creating the Recreation Commission should be on the June 20th Town Board agenda, and once approved appointments will be made to the commission.
Mrs. Carpenter questioned why it took a year to write the ordinance.
Mr. Martin responded that changes had to be made to what was originally proposed and it was not a priority over the winter months. Also, a public hearing was held on the issue and only three people showed up, Mrs. Carpenter being one of them.
TRAINING FOR ELECTED OFFICIALS
Amy Carpenter, Woodward Crescent, commented on the potential for there being a new Town Board in January 2012 after the election in November and suggested that funding be allocated in the town budget for training for whoever is elected. She thought training was important for the elected officials and it is offered so it should be taken advantage of.
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West Seneca, NY 14224 June 6, 2011
Page twelve . . .
ISSUES OF THE PUBLIC
SENECA MALL ASSESSMENT
Amy Carpenter, Woodward Crescent, questioned the status of the Seneca Mall assessment.
Town Attorney Shawn Martin advised that they were there last Friday and the action involving the vacant parcel was discontinued. They have provided income & expense reports and other documentation requested for the First Niagara parcel and former Tops parcel. These documents were given to Assessor Kandace Wittmeyer for review and comment and for comparables to come up with an appropriate assessed value for the property. The property owners have given the town what they believe to be a fair assessment, obviously going low, and Mr. Martin has given this information to Mrs. Wittmeyer. If she believes the town’s assessment is fair and equitable, it will be the burden of the property owners to go forward and obtain appraisals and other items of similar nature to document that their number is appropriate. The town will then review that documentation and make a determination as to whether an independent appraisal is necessary. They can then choose to go forward, negotiate a settlement, or go to trial in Supreme Court to determine the fair assessment for that property.
POSTING OF MINUTES ON TOWN WEBSITE
Arlene Vogt, Union Road, questioned why the Planning Board minutes were not posted on the town’s website, noting that the last meeting posted was March 2011.
Deputy Town Clerk Jacqueline Felser stated that the minutes should be on the website and she will check on this tomorrow.
Mrs. Vogt questioned why the minutes had to be approved.
Town Attorney Shawn Martin stated that minutes had to be approved because there could be mistakes or misstatements in the transcription.
Mrs. Vogt stated that the minutes do not always reflect what is said exactly and she questioned if tapes of the meetings were available.
Mrs. Felser responded that minutes were not transcribed verbatim; they were basically a summary of what occurred at a meeting. The tapes are transferred onto CD’s but they are not kept permanently.
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West Seneca, NY 14224 June 6, 2011
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ISSUES OF THE PUBLIC
PILOT PROGRAM FOR KATIE’S PLACE
Arlene Vogt, Union Road, referred to the $105,000 assessment of Mr. Young’s project, Katie’s Place, and questioned why it isn’t reassessed when it is worth much more.
Councilwoman Meegan stated it is because of the PILOT program that was granted by the Erie County Industrial Development agency for that project.
SPEEDING AND POTHOLES ON FRENCH LEA ROAD
Arthur Haas, French Lea Road, asked for police patrol to stop the speeding on his street and to enforce the stop sign at St. Jude and French Lea. The speeding goes on during the day through 7 P.M.
Chief Gehen stated he will put patrols on French Lea Road to address this issue.
Mr. Haas further asked that the pothole in front of his home be taken care of.
Supervisor Piotrowski stated he will pass this information on to Highway Supt. Matthew English.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
EXECUTIVE SESSION
Motion by Supervisor Piotrowski, seconded by Councilman Clarke, to recess to Executive Session at 7:50 P.M. to discuss a personnel issue with Comptroller Robert Bielecki.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 8:20 P.M.
SPECIAL TOWN BOARD MEETINGS SCHEDULED
Supervisor Piotrowski announced the following special Town Board meetings to discuss the PBA contract negotiations: Tuesday, June 14th at 10:30 A.M. and Monday, June 20th at 10:00 A.M.
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West Seneca, NY 14224 June 6, 2011
Page fourteen . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:20 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK