Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 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.
11-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the June 20, 2011 special meeting.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-10 of June 20, 2011.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the June 20, 2011 executive session.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the July 12, 2011 bid opening for a sewer vactor truck.
Ayes: All Noes: None Motion Carried
11-B LEGAL NOTICES
1. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed. (Kirk & Julia Ruhland)
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed. (William Sahlem)
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page two . . .
11-C COMMUNICATIONS
1. Supervisor Piotrowski re Leave of absence for Erik Finbar
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to extend the leave of absence for Erik Finbar from his position as Real Property Appraisal Technician effective June 1, 2011 through June 1, 2012 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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2. Supervisor Piotrowski re Title change for Matthew Melski to part-time seasonal lifeguard
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to correct the motion made on agenda item #13 at the April 25, 2011 Town Board meeting and change the title of Matthew Melski from part-time laborer in the Buildings & Grounds Department
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to part-time seasonal lifeguard in the Recreation Department at a rate of $10 per hour effective April 26 – September 15, 2011 and correct the salary for part-time seasonal head Lifeguards Caitlyn Caruana, Caitlyn Lanigan, and Alyssa Perry to $8.50 per hour 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
3. Supervisor Piotrowski re Life Church 5K race/walk
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant permission to Life Church, 4928 Seneca Street, to hold a 5K race/walk on September 17, 2011 beginning at 9:00 A.M. on designated streets in the Town of West Seneca.
Ayes: All Noes: None Motion Carried
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4. Town Attorney re Use of Highway Department parking lot for 14 Holy Helpers Parish summer fest
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize 14 Holy Helpers Parish to use the Highway Department parking lot Friday, August 19th, 6:00 PM to 11:00 PM; Saturday, August 20th, 6:00 PM to 11:00 PM; and Sunday, August 21st 1:00 PM
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to 5:00 PM for parking for their summer fest, conditioned upon the church providing the town with a certificate of insurance naming the town as an additional insured as well as hiring an off-duty police officer to be present one-half hour before and one-half hour after the event to provide security for the town equipment on site.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page three . . .
11-C COMMUNICATIONS
5. Town Attorney re Reappointment of Joseph Ciancio to West Seneca Planning Board
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to reappoint Joseph Ciancio to the West Seneca Planning Board for a 7-year term expiring June 4, 2018 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 Attorney re Civil Service list for Asst. Code Enforcement Officer position
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Motion by Councilwoman Meegan, seconded by Councilman Clarke, that the Supervisor request the results of the Civil Service examination for Assistant Code Enforcement Officer.
Ayes: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
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7. Town Engineer re Columbia Parkway/Belgia Place Reconstruction Project
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the agreement between the Town of West Seneca and Erie County Water Authority for replacement of the existing watermain on the Columbia Parkway/Belgia Place Reconstruction Project, Job No. C-1002.
Ayes: All Noes: None Motion Carried
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8. Town Engineer re Bid award for sewer vactor truck
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for a sewer vactor truck to Joe Johnson Equipment, 62 LaGrange Avenue, Rochester, NY 14613 at their low bid amount of $305,987.
Ayes: All Noes: None Motion Carried
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9. Highway Supt. re Title change for Gregory Kluck to Highway Laborer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Gregory Kluck as Highway Motor Equipment Operator and appoint him as Highway Laborer, Group 1, Step 5, at a rate of $24.45 per hour 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page four . . .
11-C COMMUNICATIONS
10. Highway Supt. re Title change for Jeffrey Schwing to Assistant Dog Control Officer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Jeffrey Schwing as Highway Laborer and appoint him as Assistant Dog Control Officer, Group 1, Step 5, at a rate of $24.45 per hour 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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11. Highway Supt. re Termination of Jason Kurtz as part-time sanitation laborer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Jason Kurtz as part-time sanitation laborer effective July 1, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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12. Highway Supt. re Appointment of full-time laborers in Sanitation Department
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Motion by Councilwoman Meegan, seconded by Councilman Clarke, to terminate James Eggert, James Flemming, and Joseph Waszkielewicz as part-time sanitation laborers and appoint them as full-time sanitation laborers at a rate of $15.38 per hour effective July 19, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Supervisor Piotrowski stated that the 2011 budget calls for 15 employees in the Sanitation Department and hiring three employees will make 16 employees.
Councilwoman Meegan stated that according to the town’s independent auditor, Wayne Drescher, this will put the town in compliance with the Blue Collar contract.
Councilman Clarke stated that six months ago when employees retired under the early retirement incentive they had to wait to hire replacements to realize a 50 percent savings and that savings has now been achieved. Three people retired from that department so three people are being hired.
Ayes: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page five . . .
11-C COMMUNICATIONS
13. Highway Supt. re Appointment of Timothy Weixlmann as laborer in Bldgs. & Grounds Department
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Motion by Councilwoman Meegan, seconded by Councilman Clarke, to appoint Timothy Weixlmann as full-time laborer in the Buildings & Grounds Department, Group 1, Step 1, at a rate of $17.61 per hour effective July 19, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question,
Motion by Supervisor Piotrowski to amend the motion and appoint Richard Mingle as full-time laborer in the Buildings & Grounds Department, Group 1, Step 1, at a rate of $17.61 per hour effective July 19, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that he is the senior and most experienced part-time employee in that department.
Motion is lost due to lack of a second.
On the original motion,
Ayes: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
14. Highway Supt. re Appointment of Timothy Eberle as laborer in Bldgs. & Grounds Department
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Motion by Councilwoman Meegan, seconded by Councilman Clarke, to appoint Timothy Eberle as full-time laborer in the Buildings & Grounds Department, Group 1, Step 1, at a rate of $17.61 per hour effective July 19, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Supervisor Piotrowski stated that the Blue Collar contract calls for 14 employees in the Buildings & Grounds Department and this hiring will put that total at 15 employees.
Councilwoman Meegan responded that the town’s independent auditor advised the board members that the town would be able to fill these positions in July and they are in compliance with the Blue Collar contract.
Ayes: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page six . . .
11-C COMMUNICATIONS
15. Highway Supt. re Perfect attendance bonus for ice rink employees
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a perfect attendance bonus of $.50 per hour, per hour worked to the following part-time laborers at the ice rink that did not miss a day of work: Jacob Ciulla (271.75 hours) and Richard Mingle (659.25 hours).
Ayes: All Noes: None Motion Carried
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16. Chief Gehen re Status change for part-time Public Safety Dispatchers 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 Dispatchers Andrew Oscypala and Richard Miller to part-time seasonal effective July 1 – 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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17. Town Clerk re Dog Enumeration
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Town Clerk Patricia DePasquale to conduct a dog enumeration in the Town of West Seneca by way of postcards and in segments according to fire districts.
Ayes: All Noes: None Motion Carried
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18. Code Enforcement Officer re Appointment of Emily Josefiak as part-time clerk
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Motion by Councilwoman Meegan, seconded by Councilman Clarke, to appoint Emily Josefiak as part-time clerk to assist in filing and to scan documents into permanent records effective July 25 – November 10, 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: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page seven . . .
11-C COMMUNICATIONS
19. Code Enforcement Officer re Electronic message board at Winchester Fire Hall
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Winchester Fire Company for an electronic message board at 514 Harlem Road with the required 30 second minimum sign duration.
Ayes: All Noes: None Motion Carried
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20. Code Enforcement Officer re Electronic message board at Buffalo Rehab Group on Union Road
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of Buffalo Rehab Group for an electronic message board at 2100 Union Road with the required 30 second minimum sign duration.
Ayes: All Noes: None Motion Carried
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21. Director of Youth, Recreation & Senior Services re Terminations/appointments for summer programs
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate the following individuals that did not accept the position in the Recreation Department effective July 18, 2011:
Recreation Attendants Lifeguards
Meredith Cotter Jeanette Epstein
Devin Reynolds Jennifer Lanigan
Mary Roof Ryan Tomparowski
Nicole Shiske
Amanda Solly
Kateri Walsh
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and further, appoint JennaBeth Stockman as part-time seasonal recreation attendant to work in the Youth Theater at a rate of $7.25 per hour effective July 19, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
22. West Seneca Public Library re Yard sale
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant permission to Friends of the West Seneca Public Library to hold a yard sale on property in front of the library along Union Road and Legion Drive on Saturday, August 27, 2011 from 9:00 A.M. through 3:00 P.M.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page eight . . .
11-C COMMUNICATIONS
23. Town Engineer re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $5441.63 to National Fuel Gas for service installation at 301 Leydecker Road.
Ayes: All Noes: None Motion Carried
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11-D REPORTS
· Patricia C DePasquale, Town Clerk’s report for June 2011 & Receiver of Taxes’ report as of July 5, 2011 received and filed
· John A Gullo, Code Enforcement Officer’s report for June 2011 and plumbing report for June 2011 received and filed
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of July 13, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period June 16 – July 13, 2011 received and filed
ISSUES OF THE PUBLIC
FENCE & PARKING ISSUE ON CLINTON STREET
Dennis Falzone, Clinton Street, referred to an ongoing problem concerning his neighbor’s fence. The Judge rendered his decision in December 2009 and it still is only partially redone. Mr. Falzone questioned if the property owner was given authorization to reduce the number of parking spaces at the pizzeria.
Code Enforcement Officer John Gullo stated that authorization was not given to reduce the number of parking spaces. The last time they were in court, the property owner said he was going to seal the parking lot and restripe everything, and Mr. Gullo assumed it would be striped in the same manner as before.
Mr. Falzone stated that the parking lot was sealed but the striping was only on one side. The side that abuts Mr. Falzone’s property where he wants the fence extended was not striped and there was no parking where the owner parks his car. Mr. Falzone further commented on the condition of the fence and asked that something be done to bring a conclusion to that problem.
Mr. Gullo stated he will visit the property tomorrow and make sure the parking is in compliance with the ordinance. The fence matter was postponed for further proceedings on Friday, but Mr. Gullo will talk to the Town Prosecutor and get back to Mr. Falzone.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page nine . . .
ISSUES OF THE PUBLIC
PERSONNEL APPOINTMENTS QUESTIONED
Karen Lucachick, Greenmeadow Drive, referred to the appointments made at this meeting and recalled former Councilman Graber stating that 14 would be the absolute number of laborers employed in that department. She questioned why that was being increased to 15 and if there was more work involved. Mrs. Lucachick commented that businesses in private industry are cutting back and existing employees have to pick up the slack. She thought the board members were wrong to hire extra people and did not believe they were needed.
Councilman Clarke stated that the town had to wait six months to replace the employees that retired under the early retirement incentive and the individuals appointed at this meeting were those replacements.
Councilwoman Meegan stated that Don Doctor and Don Cummins retired with the early retirement incentive and they were replacing them with new hires in accordance with the Blue Collar contract. The board members were notified by the union president that the positions were to be filled July 1st and they did not want to file a grievance. This was the first meeting after that date and they were following the town’s obligation contractually.
Mrs. Lucachick questioned if the individual hired in Item #18 was a relative of a town employee and if the job was posted.
Councilwoman Meegan stated that the employment application is on the town’s website and as a result of that they have numerous applications on file to select from. The Code Enforcement Office is in need of clerical staff and she has observed the situation and need herself. There is a new copy system in that department so they will not be using an outside source to do that work, which will save money and pay for the position. Councilwoman Meegan stated that the individual hired is a relative of another town employee, as are many other part-time employees, but there are many individuals hired that are not relatives. This individual has a four-year degree from Brockport, will be finishing her graduate studies, and her proficiency in computers will help that department immensely. Councilwoman Meegan further noted this is only a 19 hour per week job.
Councilman Clarke stated that during department budget meetings held earlier today, the town’s independent auditor, Wayne Drescher, indicated that the Comptroller’s Office was previously understaffed but that the efficiency in that office had increased in the last few years after hiring an additional full-time person. Councilman Clarke commented that there is a backload of permits and inspections in the Code Enforcement Office and he thought the additional help was warranted.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page ten . . .
ISSUES OF THE PUBLIC
OPPOSITION TO ELECTRONIC MESSAGE BOARDS
Karen Lucachick, Greenmeadow Drive, was opposed to the placement of electronic message boards in town. She did not see a need for them and asked the board members reconsider approving them.
INFORMATIONAL MEETING ON TAX BREAKS FOR BUSINESSES
Karen Lucachick, Greenmeadow Drive, stated that Partnership for the Public Good is holding an informational meeting July 19th, 4:00 - 5:30 PM, at 237 Main Street, Suite 1200 to discuss subsidy reform in NYS. It was noted that $8.2 billion was spent in tax breaks for businesses in the name of economic development with little to show for it. Mrs. Lucachick encouraged the board members and public to attend the meeting and fight for their community.
SEWER DISTRICT FOR PROPOSED HOTEL
Arlene Vogt, Union Road, attended the Planning Board meeting last week and questioned in which sewer district the proposed hotel will be located, noting that they were told it was Sewer District #6.
Councilwoman Meegan advised that the hotel will be located in Sewer District #5.
Mrs. Vogt stated that Sewer District #5 runs into Sewer District #13 and suggested that this be looked at.
Councilwoman Meegan stated that they were aware of this and were looking into it.
STATUS OF GROUP HOMES COMPLIANCE WITH TOWN CODES
Amy Carpenter, Woodward Crescent, questioned the status of the group homes on Bullis Road and if they were in compliance with town codes.
Code Enforcement Officer John Gullo responded that he talked to the person at WNYDDSO that takes care of state owned properties and was informed that they do not do final surveys after the buildings are constructed. Mr. Gullo reviewed the site plan and thought they met the criteria for setbacks and parking for a one or two family home, but for a group home he thought there should be a little more parking.
Mrs. Carpenter asked the board members to work with other elected officials and pursue this with New York State to put an end to them telling the town what they are going to do. She stated that the residents pay taxes to live in West Seneca and maintain the community a certain way and the State should have to follow the same codes the residents do.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page eleven . . .
ISSUES OF THE PUBLIC
PEER COUNSELING PROGRAM
Frank Russo, Parkside Drive, referred to the Peer Counseling program that costs $300,000 to $400,000 annually and stated that the school system could do that program at no cost with the 12 social workers they have that are involved in drug education daily. He noted that no other town/school has this type of relationship and thought the board members were misinformed on this issue. Mr. Russo stated that the issue was not whether or not the program was a good one; the issue was who should be administering the program. He did not believe it was the role of town government to be subsidizing a social service program in the schools. Mr. Russo noted that the school social workers and police coordinated the recent prescription drug drop off held in West Seneca, not the Peer Counselors. He stated that many years ago he complained about AmeriCorps and how much it was costing the taxpayers, but the board members at that time did not want to listen. They now know that program cost the town millions of dollars and he compared the Peer Counseling program to the AmeriCorps program on a lesser scale.
Councilwoman Meegan stated that it took a long time but the AmeriCorps issue has been taken care of and the current Town Board stopped it. However, the Peer Counseling program is a different issue and it’s about the children and the community.
Mr. Russo asked the board members to reconsider this program in next year’s budget and let the schools take it over.
Johanna Guenther, Neubauer Court, agreed with Mr. Russo and commented that he is a concerned taxpayer, spends a lot of time researching issues, and should have all the time he wants to speak at Town Board meetings. She referred to a recent newspaper article indicating that New York State has no money and stated that the town has to watch their spending.
STATUS OF AMERICORPS DEBT
Johanna Guenther, Neubauer Court, questioned if any payments were received from AmeriCorps since the last meeting.
Comptroller Robert Bielecki stated the last payment received from AmeriCorps was in May for the June 2011 payment. They also received a payment from New York State in the amount of $26,558 for reimbursement for a cube van, but that was not applied toward their outstanding balance.
Mrs. Guenther commented on the length of time it will take for AmeriCorps to repay their outstanding debt, noting that it will take at least 25 years.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 July 18, 2011
Page twelve . . .
ISSUES OF THE PUBLIC
STATUS OF AMERICORPS DEBT (continued)
Councilwoman Meegan agreed but stated that they stopped giving AmeriCorps $136,000 a month and that saved the town millions of dollars. Also, they are reaching out to Albany for money. Councilwoman Meegan stated she just had a conversation with HUD concerning the Child & Family Services grant in the amount of $250,000 that will be forthcoming to the town and she will be meeting with them tomorrow. She commented on the amount of time it takes and how slow government works, but stated she is willing to fight the fight.
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 7:50 P.M. to discuss a personnel issue with Labor Counsel.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 8:45 P.M.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:50 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK