Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 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.
10-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-09 of June 6, 2011.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the June 9, 2011 bid opening for a leaf vacuum.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the June 14, 2011 special Town Board meeting.
Ayes: All Noes: None Motion Carried
10-B LEGAL NOTICES
1. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed.
(Developers Diversified Realty Corporation)
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed. (Waste Management of New York)
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page two . . .
10-B LEGAL NOTICES
3. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LCOATED 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, received and filed. (Gardenview Restaurant)
4. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO TOWN HIGHWAYS, NAMELY, THE RECONSTRUCTION OF ELMSFORD DRIVE AT A COST OF $1,179,884.53 AND THE RECONSTRUCTION OF COLUMBIA PARKWAY AND BELGIA PLACE AT A COST OF $1,081,220.29, AND FURTHER, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND/OR BOND ANTICIPATION NOTES IN THE AMOUNT OF $2,300,000 TO COVER THE COST OF THE PROJECTS PLUS THE COSTS OF ISSUANCE AS PERMITTED BY LAW” in the Town of West Seneca, received and filed.
10-C COMMUNICATIONS
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1. Supervisor Piotrowski re Purchase of copiers
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the purchase of copy machines for the Building & Plumbing, Engineering, Highway & Town Clerk’s Offices from WNY Imaging Systems at the NYS bid price of $26,051.00.
On the question, Councilwoman Meegan noted that one of the machines was maintenance only and the others were supply/service. She asked that this be corrected so they are all uniform.
Supervisor Piotrowski stated that they were all maintenance but he will see that this is corrected tomorrow.
Ayes: All Noes: None Motion Carried
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2. Supervisor Piotrowski re Resignation of William Keating Turkovich as Warrant Clerk
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of William S Keating Turkovich and terminate him as Warrant Clerk effective May 27, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page three . . .
10-C COMMUNICATIONS
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3. Town Attorney re Little Loop Football Referee agreement
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to enter into a mutual agreement with the WNY Officials Association in the amount of $4000 for referee fees for the 2011 Little Loop Football season.
Ayes: All Noes: None Motion Carried
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4. Town Attorney re Purchase of 14.2 acres at 2723 Clinton Street
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan to authorize the Town Attorney to execute various documents necessary to complete the purchase of 14.2 acres of land at 2723 Clinton Street adjacent to the oxbow property, noting that funding is available from land restoration funds from the United States Department of the Interior.
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On the question, Councilwoman Meegan invited West Seneca Environmental Commission Chairperson Evelyn Hicks to speak on this project.
Mrs. Hicks stated that the 14.2 acres of land at 2723 Clinton Street was mostly wetlands and was the subject of a presentation she did concerning the oxbow property and the recent disturbance that occurred at the outflow into the Buffalo Creek. The Erie County Soil & Conservation District is in charge of the maintenance of the outflow and the purchase of this property will facilitate the outflow pipe being fixed and the wetlands being restored to a more natural state than it has been used to for 40 to 50 years. The proposition will be cost neutral to the town as the funding is through an award the town received for damages that occurred 15 or more years ago. In 1995 National Fuel Gas had damages that occurred near Cazenovia Creek at HiView Terrace. Restoration work was done to best of their ability to remediate the damage, but National Fuel Gas had to pay a penalty of $25,000 to the US Department of the Interior. The Department of the Interior put a stipulation on the award that the town had to purchase property for the benefit of habitat and green space in the town. Councilwoman Meegan, as liaison to the West Seneca Environmental Commission, brought this to their attention, they evaluated the project, and then moved forward with the application to get the money transferred to the Town of West Seneca. Mrs. Hicks noted that the money has grown from $25,000 to $29,000. The largest portion will be paid to the property owner for the parcel while a small portion will be used for the search, survey, and other costs associated with the purchase.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page four . . .
10-C COMMUNICATIONS
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5. Town Attorney re Local Law #2011-02 – Establishment of Recreation Commission
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached Local Law 2011-02 establishing a Recreation Commission in the Town of West Seneca.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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6. Highway Supt. re Bid award for leaf vacuum
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for diesel powered leaf vacuums for the Highway Department to ODB Company at their low bid of $46,995 for three leaf vacuums.
Ayes: All Noes: None Motion Carried
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7. Highway Supt. re Leave of absence for John Pangallo
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a family medical leave of absence for John Pangallo for five working days effective May 23 – 27, 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 Appointment of Robert Schultz as part-time seasonal laborer (office help)
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Robert Schultz as part-time seasonal laborer to work as summer office help in the Highway Department effective July 5 – August 19, 2011 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page five . . .
10-C COMMUNICATIONS
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9. Highway Supt. re Appointment of part-time seasonal laborers for summer help in Highway Department
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Sean McHugh and Matthew Wach as part-time seasonal laborers in the Highway Department and appoint Anthony DiChristopher, Ryan Schrader, and Derek Sleger as part-time seasonal laborers to work as summer help in the Highway Department at a rate of $7.25 per hour effective June 20, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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10. Highway Supt. re Termination of part-time seasonal laborer Jonathan Nehl
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Jonathan Nehl as part-time seasonal laborer in the Sanitation Department effective June 13, 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. Chief Gehen re Appointment of Suzette Luongo as Clerk Typist
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Suzette A Luongo as Clerk Typist, Group 1, Step 1, at a rate of $23,886.59 annually effective June 27, 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 Electronic message board at Seneca Hose Fire Company
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Seneca Hose Fire Company for placement of an electronic message board on their property located at 2801 Seneca Street, pursuant to §120-44.4G of the Town Code, with the required minimum 30 second message.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page six . . .
10-C COMMUNICATIONS
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13. Code Enforcement Officer re Height variance for proposed 5-story hotel on Slade Avenue
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a height variance from 40’ to 54’3” for Ellicott Development Corporation’s proposed five-story hotel at 164 Slade Avenue.
Ayes: All Noes: None Motion Carried
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14. Youth, Recreation, Senior Service Director re Appointments for summer recreation programs
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the following part-time seasonal employees in the summer recreation program effective June 1 – September 30, 2011:
Lifeguard @ $8 per hour
Victoria Luongo Caitlin Morgante
Chelsea Marzullo Lanie Simon
Allison Whalen
Bus Drivers @ $10.60 per hour
Kristine Capodphu Vicky Kopf
Debbie Sturm
Recreation Attendant @ $7.25 per hour
Steve Amoia
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-D REPORTS
· Patricia C DePasquale, Town Clerk’s report for May 2011 & Receiver of Taxes’ report as of June 5, 2011 received and filed
· John A Gullo, Code Enforcement Officer’s plumbing report for January - May 2011 received and filed
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of June 15, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period June 2 – June 15, 2011 received and filed
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page seven . . .
ISSUES OF THE PUBLIC
HOTEL HEIGHT VARIANCE
Paula Minklei, Orchard Park Road, questioned why the Town Board would allow hotels to be built in town at heights that do not conform to the Town Code. She suggested there be some planning with the Master Plan considered and if Slade Avenue is to be a hotel corridor, the ordinance should be amended so that height variances are not necessary.
Town Attorney Shawn Martin stated there are many changes to the Zoning Ordinance that will be presented to the public in the near future. A public hearing will be held prior to the passage of any amendment and this will be scheduled when a draft is complete. Mr. Martin stated that he and Code Enforcement Officer John Gullo, Supervisor Piotrowski, Planning Board Chairman Robert Niederpruem, and Town Engineer Rick Henry have all worked on various aspects of this and when the proposed changes are complete they will be made public.
Mrs. Minklei questioned if they were considering the Master Plan and all the recommendations it made concerning the Zoning Ordinance.
Mr. Martin responded that they did consider what was recommended in the Master Plan, but parts of it did not make sense so they were not incorporating it in total.
Mrs. Minklei thought the proposed amendments should be made public as soon as possible and several public meetings should be held to inform the public and receive input.
Karen Lucachick, Greenmeadow Drive, questioned if the proposed hotel was Mr. Paladino’s project and if there will be public hearings on it.
Code Enforcement Officer John Gullo responded that the proposed hotel was Mr. Paladino’s project and the first part of the process was to receive the height variance from the Town Board. Mr. Paladino will then have to apply for a special permit and that application will go to the Planning Board first followed by the Town Board.
Mrs. Lucachick questioned where the proposed hotel will be located in relation to the other two hotels and if it will be taller.
Mr. Gullo stated that the Staybridge Hotel is located at 164 Slade Avenue and the proposed hotel will be built to the left of that property and perpendicular to Slade Avenue. The Staybridge Hotel is just over 62’ and the proposed hotel is only five stories.
Mrs. Lucachick noted that the Staybridge Hotel was approved under the previous Town Board and it was a secret vote that was not advertised to the public.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page eight . . .
ISSUES OF THE PUBLIC
HOTEL HEIGHT VARIANCE (continued)
Amy Carpenter, Woodward Crescent, questioned if buildings that receive a height variance are assessed a higher fire district tax.
Mr. Martin stated that he would have to research the answer to this.
Mrs. Carpenter commented that if the answer is “no” the town should look into changing this because special equipment will be necessary to fight a fire.
AMERICORPS PAYMENTS
Karen Lucachick, Greenmeadow Drive, questioned if the town received a $26,000 payment from AmeriCorps that was announced at the last Town Board meeting.
Comptroller Robert Bielecki advised that his office had not yet received that payment.
Councilwoman Meegan noted that the State will be directly depositing the money in the town’s account along with all future payments.
2010 TOWN EMPLOYEE SALARY REPORT
Amy Carpenter, Woodward Crescent, questioned when the town employee’s salary report for 2010 will be posted on the town’s website.
Comptroller Robert Bielecki responded that the information was turned in to IEvolve but they have not posted it yet.
SETBACKS AT GROUP HOMES
Amy Carpenter, Woodward Crescent, referred to the May 9, 2011 Town Board meeting and a question on the setbacks of groups homes recently built. She questioned if the setbacks were checked on these group homes.
Code Enforcement Officer John Gullo did not know if final surveys of the properties were done and stated that he will have to refer to State representatives.
Mrs. Carpenter stated that the citizen that brought it to the town’s attention was concerned about it not being a safe situation. She understood the State can do what they want without approval from the town, but thought if it is unsafe the town should be able to say something.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page nine . . .
ISSUES OF THE PUBLIC
SENECA MALL TAX ASSESSMENT
Amy Carpenter, Woodward Crescent, questioned the status of the Seneca Mall tax assessment.
Town Attorney Shawn Martin advised that the vacant parcel has been discontinued; they are no longer interested in challenging the assessment. Income and expense ratio and insurance information was provided for the First Niagara parcel, Big Lots, and vacant Tops. The information was forwarded to Assessor Kandace Wittmeyer and they are prepared to go to court on July 11, 2011 and provide a counter offer.
Mrs. Carpenter questioned if the town hired outside counsel and obtained outside appraisals for these properties.
Mr. Martin stated that he has been handling these challenges and there were no outside appraisals done on the properties. If they are unable to come to some resolution, the next step will be preliminary appraisals, but they are still negotiating based on documents relative to income and expense and similar properties in the area.
HOUGHTON COLLEGE SITE PROJECT
David Bonner, Gervan Drive, stated that recently Mr. Young put up a sign at the entrance to the Houghton College site advertising two and three bedroom luxury apartments. He questioned if a revised plan had been submitted to the Planning Board because the initial plan did not include luxury apartments.
Code Enforcement Officer John Gullo stated that he had contacted Mr. Young about the sign shortly after it was posted and Mr. Young told him that he intended to renovate the four student dormitories on the property. Mr. Gullo informed Mr. Young that these buildings were only student dormitories and they could not be rented to the general public. Mr. Young had no problem with that.
Mr. Bonner questioned the status of the town’s appeal on Judge Whalen’s decision and who the counsel was.
Town Attorney Shawn Martin advised that the counsel for that case is Michael Perley. He recently received information that the record will be filed sometime in July which will put the case on the court calendar in Rochester. They run in four week terms and there are 13 terms annually, but he did not know where it will fall.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page ten . . .
ISSUES OF THE PUBLIC
STREET LIGHTS
David Monolopolus, Lexington Green, stated there are a number of street lights still out throughout the town and he offered to provide Chief Gehen with an updated list.
Highway Supt. Matthew English responded that Chief Gehen had forwarded a 4 to 5 page list to the Highway Department and that information was forwarded to the State.
OUTSIDE COUNSEL
David Monolopolus, Lexington Green, questioned what attorneys are representing Supervisor Piotrowski and Comptroller Robert Bielecki in their court case and what rate was being charged to the town.
Mr. Bielecki responded that his attorney was Paul Michalek Jr. and his rate was approximately $250 per hour.
Supervisor Piotrowski stated that his attorney was Phillips Lytle and their rate is $325 per hour.
Mr. Monolopolus questioned if this expense comes under the Town Attorney’s budget and what the town normally pays for outside counsel.
Town Attorney Shawn Martin advised that this expense will be taken from his office budget. Attorney fees vary and they have paid in the range of $165 to $215 per hour in the past.
PILOT PROGRAMS FOR DEVELOPERS
Arlene Vogt, Union Road, referred to a previous question she had asked the Town Board concerning the assessment and property taxes on Katie’s Place and Lily’s Place. The assessment for Katie’s Place is only $105,000 when the building is worth $1.5 million and the taxes are only $3800. Mrs. Vogt stated that the Town Board previously told her to ask Erie County, but she thought they should be asking the question for her.
Councilwoman Meegan responded that right after the Town Board approved Katie’s Place, Mr. Young applied for a PILOT program that is provided by Erie County. His property was assessed at its purchase price of $105,000 by Erie County. The Town Board does not have a seat on the Erie County Industrial Development Agency (ECIDA) board and has no control over what they approve.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page eleven . . .
ISSUES OF THE PUBLIC
PILOT PROGRAMS FOR DEVELOPERS (continued)
Supervisor Piotrowski stated that the ECIDA holds meetings at their main offices in downtown Buffalo. It is an 18-member board and the West Seneca Town Board members do not sit on that board. Only Cheektowaga, Amherst and the Town of Tonawanda have a seat on the ECIDA board. The rest of the members are from the City of Buffalo and Erie County appointees.
Mrs. Vogt questioned how the town could fix the sewers if they don’t get any tax money from developers. She thought the board members should take a stand on this and questioned how many PILOT projects Mr. Young had in West Seneca.
Councilwoman Meegan was only aware of Katie’s Place which is in a 10 year PILOT program.
Mrs. Vogt stated that one of the projects had a $33,000 exemption and she questioned if that was a PILOT program.
Councilwoman Meegan stated that this information was available in the Assessor’s Office.
Mrs. Vogt further questioned what Gemcor pays in taxes. The street was named after them but they did not appear to be open.
Councilwoman Meegan stated that Gemcor was open and they were going to be hiring new people soon.
Code Enforcement Officer John Gullo stated that Gemcor recently received a new contract and will be putting on a high bay addition and hiring new employees to manufacture parts that will be sent to China.
Mrs. Vogt referred to the Waste Management project that was recently before the Town Board and questioned if it was determined if they were paying taxes.
Councilwoman Meegan responded that Waste Management has been paying taxes, but it was not documented properly on their submission.
UNSCREENED DUMPSTERS
Arlene Vogt, Union Road, questioned the status of the unscreened dumpsters.
Code Enforcement Officer John Gullo responded that his department is working on it but there is limited staff and a lot of building going on in town. When they come across an unscreened dumpster, they notify the property owner by mail.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-10
West Seneca, NY 14224 June 20, 2011
Page twelve . . .
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 7:40 P.M. to discuss personnel issues with Comptroller Robert Bielecki and Code Enforcement Officer John Gullo and a legal matter with Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
The board members returned at 8:25 P.M.
TUITION WAIVER AT HILBERT COLLEGE
Town Attorney Shawn Martin stated he was fortunate to have an intern from Hilbert College work in his office for the spring semester, and as a result of that the town was issued a tuition waiver for a course at Hilbert College. Any town employee interested in a relevant course at Hilbert College should notify a member of the Town Board concerning their interest.
COMMUNITY DAYS CELEBRATION & VETERANS MEMORIAL PARK SIGN
Councilwoman Meegan reminded the residents of the upcoming Community Days and extended appreciation to the men and women who serve our country. She further recognized the men responsible for the new Veterans Memorial Park sign. These men, including John Kennedy of Signature Signs, Mike Schaffer a bricklayer, Mike Yost of Yost Neon Signs, and Scott Brown of Cathedral Curbing, are all vets who served our country in the past and continue to serve the community now.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:30 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK