Town Board Minutes

WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 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.
 
14-A MINUTES TO BE APPROVED
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-13 of August 22, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
14-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 3500 TRANSIT ROAD, BEING PART OF LOT NO. 343, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR MOTOR VEHICLE SALES” in the Town of West Seneca, be received and filed. (Richard Wieland)
 
         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 July 14, 2011 meeting, the Planning Board recommended approval of the request for a special permit for property located at 3500 Transit Road, being part of Lot No. 343, changing its classification from C-2(S) to C-2(S), for motor vehicle sales, with the revised plot plan distributed before the meeting that indicates a 30 foot entrance located entirely within the bounds of Mr. Wieland’s property and four parking spaces for sale of vehicles parallel to Transit Road.”
 
         Attorney Corey Auerbach of Damon Morey represented Richard Wieland and stated they worked with the building and planning department to fine tune the plan to sell used vehicles at 3500 Transit Road. He though their proposal was an appropriate fit considering the number of properties in that area of Transit Road that are for automotive use.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page two . . .
 
14-B LEGAL NOTICES
 
1.        (continued)
 
         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 grant a special permit for property located at 3500 Transit Road, being part of Lot No. 343, changing its classification from C-2(S) to C-2(S), for motor vehicle sales, in accordance with the revised plot plan that indicates a 30 foot entrance located entirely within the bounds of Mr. Wieland’s property and four parking spaces for sale of vehicles parallel to Transit Road.
 
         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 HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 860 UNION ROAD FOR REAL ESTATE SALES” in the Town of West Seneca, be received and filed.              (Wallace Grieser)
 
         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 August 11, 2011 meeting, the Planning Board recommended approval of the request for a home occupancy permit for property located at 860 Union Road for real estate sales.”
 
         Wallace Grieser, 860 Union Road, stated he was retired from the real estate business after 25 years and would now like to work about four hours a day from his home selling real estate.
 
         Councilwoman Meegan stated she had received one concern from a neighbor and it was addressed by Code Enforcement Officer John Gullo. She also spoke with the Planning Board and they addressed the water issues. These were taken care of and the home occupancy permit must be renewed each year, so if there is an issue in the future it will be addressed.
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page three . . .
 
14-B LEGAL NOTICES
 
2.        (continued)
 
         Arlene Vogt, 800 Union Road, commented on the size of the parking lot, noting it was larger than what the dentist who previously owned the property had. She thought it had been paved for a business and questioned why it was approved by the town.
 
         Code Enforcement Officer John Gullo stated they could not make Mr. Grieser remove the pavement when it was approved by his office under a prior administration.
 
         Mr. Grieser stated the survey he submitted was done prior to the paving and it showed the area that was paved was broken up blacktop and in very bad condition from the dentist’s office. The paved area was very close to the same size as that on the survey.
 
         Councilwoman Meegan questioned the number of clients Mr. Grieser would see at any given time and where they will park.
 
         Mr. Grieser responded there may be one or two clients at the most and they will park in the front.
 
         Councilman Clarke questioned the number of employees.
 
         Mr. Grieser stated he did not plan to have any employees but understood he was allowed one under the home occupancy permit.
 
         Mr. Gullo noted that the home occupancy permit is renewable every year and any complaints received are kept on file.
 
         Dennis Falzone suggested screening for the parking lot to protect the neighboring homes from headlights, etc.
 
         Mr. Gullo stated that this was a residential zoning and the use is a home occupation which is different than a commercial business.
 
         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 grant a home occupancy permit for property located at 860 Union Road for real estate sales.
 
         Ayes: All                                 Noes: None                             Motion Carried
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
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14-C   TABLED ITEMS

      
1.    Electronic message board at 250 Lein Road                                                             
 
 
 
Remained on the table.

14-D COMMUNICATIONS

      
1.    Supervisor Piotrowski re Public hearing on Community Development Block Grant                                                      
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to schedule a public hearing for September 26, 2011 at 7:00 P.M. to discuss the use and potential projects to be submitted for possible funding by the Federal Community Development Grant Program.
 
Ayes: All               Noes: None           Motion Carried
 
 2.   Town Engineer re Purchase of truck for Sewer Service Department
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a 2012 Ford F-250 XL super cab truck and other miscellaneous equipment for the Sewer Service Department from Van Bortel Ford, Inc., 71 Marsh Road, East Rochester, New York 14445 at a total NYS contract bid price of $29,003.63.
 
Ayes: All               Noes: None           Motion Carried
 
   3.    Highway Supt. re Purchase of recycling bins
        
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of 1000 recycling bins from Orbis Corporation at their low quote of $5780.
 
Ayes: All               Noes: None           Motion Carried
 
   4.    Highway Supt. re Purchase requiring Town Board approval
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $5799.99 to Schaub Equipment Rental for purchase of a Simplicity tractor.
 
Ayes: All               Noes: None           Motion Carried
 
   5.    Highway Supt. re Status change for part-time seasonal sanitation laborers to part-time
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of the following part-time seasonal laborers in the Sanitation Department to part-time effective September 26, 2011:

 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page five . . .
 
 
14-D   COMMUNICATIONS
 
   5.    (continued)
 
         Ronald Balys          Zachary Dzierba              Chris Nowinski                  Peter Colson          Jeremy Klubek        Roger Onetto                           Timothy Czuprynski          Jamie Lang            Joel Polino             Joseph Demma                Francis Malota                  Corey Reynolds
         Jeffrey Roll
 
         and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                                 Noes: None                             Motion Carried

 
   6.    Highway Supt. re Termination of part-time Buildings & Grounds laborers
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate part-time Buildings & Grounds laborers Anthony Domros, Eric Lus, Christopher Janaski, and Dennis Rich effective August 26, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
   7.    Highway Supt. re Status change for part-time seasonal Buildings & Grounds laborers to part-time
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of the following part-time seasonal Buildings & Grounds laborers to part-time effective September 26, 2011:
 
 

           
            James Brady          John Kaminski                 Alex Olszewski                  Jacob Ciulla           Joseph Kropczynski Kerry Painter                   Richard Cotter                 Donald Kruger
         Harold Schwartz     Jacob Hiam                     Rick Mingle                     Mitchell Smith
 
         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 #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page six . . .
14-D   COMMUNICATIONS

 
   8.    Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal
 
 
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 September 1 – 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
   9.    Chief Gehen re Military leave of absence for Officer Jeffery Coia
 
 
Received and filed.
 
 10.    Chief Gehen re Purchase requiring Town Board approval
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $13,395 to United Uniform Company for 19 sets of body armor.
 
Ayes: All               Noes: None           Motion Carried
 
 11.    Town Clerk re Buffalo Tour de Farms Ride
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of the Massachusetts Avenue Project to hold their Buffalo Tour de Farms Bicycle Ride on September 17, 2011, 9 AM to 2 PM on designated streets in the Town of West Seneca.
 
Ayes: All               Noes: None           Motion Carried
 
 12.    Director of Recreation, Youth & Senior Services re Part-time summer/winter employees
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate the following part-time employees in the Recreation Department effective September 8, 2011:

 
         Lauren Altman                 Brendan Barren      Thomas Bebak                  Dylan Betti
         Benjamin Blandin             Sarah Boehringer    Jane Broda                     Courtney Bush
         Kristine Capodagli            Kristin Carr            Claire Cusella                           Anne Marie Damon
Dolly Goodman                Jennifer Haun         Kelly Hess                      Thomas Jurkowski   Victoria Kopf                   Jeffery Lajoie          Faith Leone                    Lauren Lewis         Ashleigh Maciejewski Mitchell Mancuso    Jaynemarie Manley          Timothy McClure
Robert Morano                Lauren Nigrelli        Fallon Ormond                  Jillian Piniewski      Matthew Pulinski              Sigourney Sansone Alyson Sion                     Lauren Smith          Debbie Sturm                  Megan Sudyn                  Emily Sullivan                 Kailey Sullivan
Jenna Szczepanski           Leanna Truslow      Alex Urban                     William Wise          Jenna Yates
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                                Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page seven . . .
 
14-D   COMMUNICATIONS
 
 12.    (continued)
 
and appoint the following as permanent part-time for the winter recreation programs:
 
Matthew Amoia                        Steven Amoia Jr.                       Bryan Bader
Emily Baker                             Devin Bonnor                                    Thomas Braun
Kristen Eggleston                      Kristen Harrigan                       Patrick Keane
Brittany Lewis                          Daniel Lewis                            Marleah Martinez
William McCowan                      Ashley Stewart                         Samantha Szeluga
Jennabeth Stockman                  Cameron Kogut
 
and further, appoint Chuck Both as permanent part-time with the Youth Theatre and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                                 Noes: None                             Motion Carried

 
 13.    Supervisor Piotrowski re Amendment to library construction grant
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution amending the August 22, 2011 Town Board motion concerning the Library Construction Grant, noting that the $20,000 will be used entirely for concrete work.
 
Ayes: All               Noes: None           Motion Carried
                                                      *APPENDICES*
 
 14.    Town Attorney re Public hearing on adoption of Local Laws
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to schedule a public hearing for September 26, 2011 at 7:00 P.M. to consider Local Law Nos. 2011-02 through 2011-11.
 
Ayes: All               Noes: None           Motion Carried
 
 15.    Highway Supt. re Title change for Michael Scarpello to Highway Motor Equipment Operator
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Michael Scarpello, 110 Brookside Drive as Highway Laborer and appoint Michael Scarpello as Highway Motor Equipment Operator, Group 2, Step 4, at a rate of $24.51 per hour effective September 9, 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 #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page eight . . .
 
 
14-D   COMMUNICATIONS

 
 16.    Highway Supt. re Status change for part-time seasonal laborer Thomas Yochum to part-time
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time seasonal laborer Thomas Yochum to part-time effective August 22, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
 17.    Highway Supt. re Termination of James Zimmer as Building & Grounds laborer
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate James Zimmer as Buildings & Grounds laborer effective December 1, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried

 
14-C REPORTS
 
·      Comptroller Robert J Bielecki, Revenue/expense comparison control report posted as of  September 7, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period August 18 – September 7, 2011 received and filed.
 
ISSUES OF THE PUBLIC
 
          PARKING SITUATION ON BARNSDALE AVENUE AND ARCADE
 
         Ron Garra, Knox Avenue, commented on the lack of a stop sign at Barnsdale Avenue and Arcade along with other intersections in the neighborhood and stated he had experienced near accidents due to cars parking on both sides of the street and close to the corner. Mr. Garra stated that a number of homes in the neighborhood can fit two and three cars in their driveway, yet there are still cars parked on the street. He thought all the streets should have four-way stops if the parking situation continues.
 
         Chief Gehen responded that vehicles are not permitted to park within thirty feet of an intersection but suggested that this matter be referred to the Traffic Committee for review at their next meeting.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page nine . . .
 
ISSUES OF THE PUBLIC
 
         STATUS OF GPS UNITS
 
         Amy Carpenter, Woodward Crescent, referred to a Town Board motion from September 8, 2008 authorizing the purchase of radio system upgrades and GPS units and questioned if the bonds had been executed.
 
         Supervisor Piotrowski thought the bonds had been executed.
 
         Mrs. Carpenter questioned why the purchase had not been made and why the town was paying for something that had not been purchased. She further commented that it should not be up to the private citizen to act as a watchdog.
 
         Supervisor Piotrowski stated he was in favor of the GPS units.
 
         Mrs. Carpenter did not care who was in favor or not in favor of the GPS units. The Town Board voted for this in 2008, the purchase had still not been made, and she questioned who was responsible.
 
          PROPOSAL TO MERGE LIBRARIES
 
         Amy Carpenter, Woodward Crescent, referred to the Buffalo & Erie County Public Library plan to merge 23 individual library branches and questioned if there would be town representation when this matter is presented to a vote.
 
         Supervisor Piotrowski responded that an independent library board will be making that decision. The Town of West Seneca has their own library board, but they will not have a vote in what the larger library board decides to do with this.
 
         Mrs. Carpenter questioned if there will be representation there to find out what the plan is and ask questions.
 
         Councilwoman Meegan stated that Paul Notaro is on the West Seneca Library Board and will be there representing the Town of West Seneca, but he will not have a vote. Friends of the Library will also be there.
 
         Mrs. Carpenter questioned if there will be a way for them to come back and share the information they learn.
 
         Councilwoman Meegan responded that they will share information, but the county legislature will handle the decisions and have information available.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
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ISSUES OF THE PUBLIC
 
         STATUS OF CODE OF ETHICS
 
         Amy Carpenter, Woodward Crescent, questioned the cost of adopting the new Code of Ethics for the town.
 
         Town Attorney Shawn Martin stated there was no actual outgoing cost other than his time in putting it together and copy expenses.
 
         Mrs. Carpenter referred to a previous meeting where she was told that every employee would be asked to sign the Code of Ethics. Mr. Martin stated at the last meeting that this was not necessary because every employee fell under the Public Officers Law. Mrs. Carpenter stated that she read the Public Officers Law and it appeared to her that it is for elected and appointed people. She questioned if every town employee was considered an appointed person.
 
         Mr. Martin stated that employees are appointed under Civil Service provisions and governed by town personnel policies as well. The Town Code, Ethics Code, General Municipal Law and Public Officers Law all cover the conduct of town employees, as well as the labor contracts. The Ethics Law significantly applies to elected and appointed officials, how votes are cast, when abstentions have to be made, etc.
 
         Mrs. Carpenter stated there was an existing Code of Ethics and she questioned the purpose of expending time and energy on amending it if the employees were not required to sign it and there were other methods that accomplished the same thing.
 
         Mr. Martin responded that the Code of Ethics was sent out to all employees, but there was some concern from the unions as to whether there would be grievances filed. He did not know how many were returned but thought that all the board members had signed it and he had also signed it. The Police Department has their own rules and regulations that are in force and there are other disciplinary manners to govern the conduct of employees in each department. Mr. Martin noted that the Code of Ethics was substantially designed for the elected and appointed officials.
 
         PROPOSAL TO CONSOLIDATE POLICE DEPARTMENTS
 
         Amy Carpenter, Woodward Crescent, stated there was talk in Orchard Park about possibly consolidating police forces and she questioned if West Seneca had been asked or if there had been any discussions on this issue.
 
         Supervisor Piotrowski stated he was not aware of any requests on this issue.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
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ISSUES OF THE PUBLIC
 
         STATUS OF AMERICORPS DEBT
 
         Karen Lucachick, Greenmeadow Drive, questioned if the town had received the $250,000 from the State for the AmeriCorps debt.
 
         Comptroller Robert Bielicki stated that the town received a payment of $248,114 from the State along with the August and September payment of $8000.
 
         STATUS OF WEST SENECA DEVELOPMENTAL CENTER PROPERTY
 
         Karen Lucachick, Greenmeadow Drive, questioned if Councilwoman Meegan had discussed the West Seneca Developmental Center property with state representatives.
 
         Councilwoman Meegan stated she had several conversations with Senator Kennedy’s office regarding the developmental center property and they are having conversations with other levels of government. There have been no decisions made on that property. Several months ago Erie Community College looked at purchasing the property for dormitories, but they walked away from that project. There are several ideas out there and she will keep the public informed.
 
         STATUS OF REPORT ON DUMPING IN CAZENOVIA CREEK
 
         Beverly Leising, Harwood Road, referred to a previous meeting when it was reported that someone was dumping in the creek behind a nursery. Code Enforcement Officer John Gullo had stated he would investigate this and she questioned if that had been done.
 
         Mr. Gullo responded that he sent a letter to the property owner and visited the site. There were some small plantings on the banks of the creek, but he did not find any remnants in the creek beds. Mr. Gullo warned the property owner not to throw anything into the creek and asked him to also inform his employees about this.
 
         SEWER DISTRICT 13
 
         Beverly Leising, Harwood Road, asked if a written complaint to the town was town property.
 
         Supervisor Piotrowski responded that Code Enforcement Officer John Gullo files complaints that come to his office in a file for that particular property, so it would be considered town property.
 
         Mrs. Leising noted that former Town Engineer George Montz had previously stated that he had 84, 89 and 175 complaints about Sewer District 13. When Richard Henry became Town Engineer he stated that those files were missing and she questioned if he ever found them.
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
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ISSUES OF THE PUBLIC
 
         SEWER DISTRICT 13   (continued)
 
         Mr. Henry stated that he had not found those files and does not know what happened to them.
 
         Mrs. Leising questioned what happens to town property that is not passed on from a previous department head to a new department head.
 
         Supervisor Piotrowski responded that the complaints should be on file in that department, but they may be oral complaints as opposed to written complaints.
 
         Mrs. Leising stated she was aware of residents of Azalea Drive that claim they gave Mr. Montz written reports of the sewer damage. She also knew of an Orchard Park Road resident that sent numerous letters over the last 14 years concerning the sewers.
 
         Councilwoman Meegan thought there had been poor recording keeping but Mr. Henry and Mr. Gullo had both taken their departments in a different direction. They pride themselves in record keeping and can refer to records at any given moment.
 
         Mrs. Leising questioned the status of the sewer issue – Will there be a bond issue? Who will vote on it and when? How much will it cost?
 
         Mr. Henry stated that at this point they were awaiting a date for a vote on this issue. It will not happen on Election Day because the borders of Sewer District 13 are different than the election districts. Therefore, it would be very problematic to set up a vote strictly for residents of Sewer District 13 at the same time as the General Election. Mr. Henry stated they hoped to set a date after Election Day but before the end of the year.
 
         Mrs. Leising questioned if there was anything the public could do to promote this. She thought Mr. Henry’s presentation at Town Hall and the Senior Citizen’s Center was very well given. She understood everything he said, but still did not understand why only residents of Sewer District 13 would be allowed to vote. Mrs. Leising compared the sewer problem to fixing potholes in the street that everyone pays for.
 
         Town Attorney Shawn Martin understood Mrs. Leising’s pothole comparison but stated that anyone can drive down any street in the town.  However, in order to be a user in Sewer District 13 their house has to be hooked up to that sewer. It is a special, separate and distinct district.
 
         Mrs. Leising understood this but stated that all the residents of West Seneca have to pay the fine for the dumping.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
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ISSUES OF THE PUBLIC
 
         SEWER DISTRICT 13   (continued)
 
         Mr. Martin stated that each sewer district in town collects a tax and each has budget items to pay the expenses associated with that district. The sewer districts do not line up with the election districts; therefore, the conundrum of lining them up is not that easy because only those living in Sewer District 13 will be allowed to vote. Mr. Martin stated they are working on this and hope to have it scheduled in late November or December.
 
         Mrs. Leising questioned if the cost of the special vote will only be charged to residents of Sewer District 13.
 
         Mr. Martin did not know how the cost would be applied and would check on this.
 
         Councilwoman Meegan stated that she and Mr. Henry had met with Senator Kirsten Gillibrand’s office and were reaching out with the hope that there is money available in Washington to help. Some of the homes in the district have laterals that are damaged and the responsibility for repairing the laterals falls on the homeowners. They were hoping for some HUD money to help the residents with the cost of repairs.
 
         Mrs. Leising stated that the voters need to be kept informed and she thought there was a lapse of communication between the board members and the public on this issue. There were public presentations on the sewers, but nothing had been discussed since then. Mrs. Leising questioned if the funds will be placed in the General Fund or in a Special District for Sewer District 13 if the proposal is approved and they proceed with a bond issue.
 
         Comptroller Robert Bielicki advised that the funds will be put in a Special District for Sewer District 13 in accordance with the rules currently in effect.
 
         SPCA PROJECT
 
         Beverly Leising, Harwood Road, questioned if the town owns 300 Harlem Road, the location of the proposed SPCA. She further questioned if the SPCA will pay taxes on the property.
 
         Supervisor Piotrowski advised that the town did not own that property; it is privately owned. The SPCA only pays special district taxes.
 
 
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
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ISSUES OF THE PUBLIC
 
         POLITICAL CAMPAIGN ISSUES
 
         Jim Kittner, East Aurora, stated he recently retired from the town after 40 years and he commented on negative political campaign literature that was circulated in town concerning town employees’ salaries.
 
         Johanna Guenther, Neubauer Court, commented on the upcoming election and noted that not all the candidates had presented biographies for the public to consider. She asked that all the candidates furnish biographies to help her decide who to vote for.
 
         Beverly Leising, Harwood Road, hoped that whoever is not elected will support those that are elected and explain to the newly elected people what has transpired over the last four years.
 
         Frank Russo, Parkside Drive, questioned if the budget hearing will be held and the vote taken before the election.
 
         Supervisor Piotrowski responded that the budget will be adopted before the election.
 
         PROVISIONAL APPOINTMENT & OVERTIME COSTS
 
         Frank Russo, Parkside Drive, questioned the status of the provisional appointment of Real Property Appraiser and when the test will be given, noting that this individual also received out-of-title pay for the job.
 
         Supervisor Piotrowski responded that he asked the County to schedule the exam but they are backlogged and have not done so yet.
 
Mr. Russo further commented on the amount of overtime paid to town employees and suggested something be done to control this.
 
         Councilman Clarke stated that they cannot control storms, floods and other emergencies in the town.
 
         Mr. Russo stated that every clerk in the Justice Court gets overtime along with every police officer. He also commented on the overtime in the Code Enforcement Office.
 
         Chief Gehen stated that a lot of the overtime in his department is due to minimal staffing requirements. There is also court time, late calls, and major crimes that generate overtime. All overtime is reviewed and approved by the supervisor that is on duty that day and Chief Gehen also reviews the overtime.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-14
West Seneca, NY 14224                                                    September 12, 2011
                                                                                             Page fifteen . . .
 
ISSUES OF THE PUBLIC
 
         PROVISIONAL APPOINTMENT & OVERTIME COSTS   (continued)
 
         Supervisor Piotrowski referred to the overtime in the Code Enforcement Office and stated they were short one full-time person at that time so the other employees had to make up the difference. The overtime paid was less than paying a full-time person in that department.
 
         Mike Pinnavaia, Brantwood Drive, suggested that Mr. Russo not single out one individual board member with his comments or just pick on one employee that received out-of-title pay when there were others that made $100,000 over the last four years in out-of-title pay.
 
         Dennis Falzone, Clinton Street, stated there were pros and cons to paying overtime, but he thought it was cheaper to pay overtime than hire additional employees.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
        
          ADJOURNMENT
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:10 P.M.
 
         Ayes: All                                Noes: None                             Motion Carried
 
 
 
 
 
                                                                        _______________________________________
 PATRICIA C. DEPASQUALE, RMC/CMC
                                                                         TOWN CLERK