Town Board Minutes

WEST SENECA TOWN OFFICES                                                   TOWN BOARD PROCEEDINGS
1250 Union Road                                                                            Minutes #2012-14
West Seneca, NY 14224                                                               September 10, 2012
 
Supervisor Sheila M. Meegan called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Arthur & Diane Haas, Presidents of Union Fire Company & Union Fire Company Auxiliary.
 
ROLL CALL:           Present    -    Sheila M. Meegan      Supervisor
                                                Eugene P. Hart         Councilman
                                                John M. Rusinski       Councilman
                                               
Absent    -     None
 
Supervisor Meegan read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
 
Supervisor Meegan read the attached proclamation honoring Union Fire Company for 125 years of service to the Town of West Seneca.
 
Supervisor Meegan announced the grand opening of the food pantry in West Seneca and thanked St. David’s Church and Mary Lou Dietrich for their service to the community.
 
The meeting was dedicated to the memory of Elizabeth Ann Gallivan and Kathleen Stephan.
14-A MINUTES TO BE APPROVED
 
·              Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2012-13 of August 27, 2012.
 
Ayes: All                                   Noes: None                               Motion Carried
 
·              Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the August 27, 2012 bid opening for the Ice Rink Floor Replacement Project.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
·              Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the September 5, 2012 work session.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
14-B LEGAL ITEMS
 
1.    Motion by Supervisor Meegan, seconded by Councilman Rusinski, 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 2570 SENECA STREET, BEING PART OF LOT NO.33, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR USED CAR SALES” in the Town of West Seneca, be received and filed.
 
Ayes: All                                   Noes: None                               Motion Carried
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                                      Page two . . .
 
14-B LEGAL ITEMS
 
1.    (continued)
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
 
Ayes: All                                   Noes: None                               Motion Carried
 
          DonaldKrempholtz stated he has operated an automotive repair shop and service station at 2570 Seneca Street for 29 years and would now like to sell used cars for extra money. 
 
          Linda Toy commented on the number of vehicles already parked on the property and could not see where Mr. Krempholtz could fit any additional cars. She further questioned where the snow will be plowed in the winter.
 
          Code Enforcement Officer John Gullo stated that the plan is to sell eight cars located on the east side of the building in the parking lot. There will be nothing parked on the sidewalks or in front of the pumps. Cars in for repairs will be parked on the opposite side of the building. Snow removal will be to the back of the property and parking could be limited during the winter months.
 
          Supervisor Meegan questioned snow removal plans and if Mr. Krempholtz will be selling eight cars during the winter.
 
          Mr. Krempholtz stated that he plows snow to the rear of the building and has had it hauled away in the past when necessary. He did not see a parking problem but noted he may not have eight cars for sale in the winter. No vehicles will be obstructing sidewalks and he will adhere to whatever plan is approved.
 
          Chief Gehen commented that he was not aware of any parking issues in that area of Seneca Street.
 
          Motion by Supervisor Meegan, seconded by Councilman Rusinski to close the public hearing.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
          Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve a special permit for property located at 2570 Seneca Street, being part of Lot No. 33, changing its classification from C-2 to C-2(S), for used car sales.
 
Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                                      Page three . . .
 
14-B LEGAL ITEMS
 
   2.    Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM AUTHORIZING THE PURCHASE OF TWO (2) REAR LOADING REFUSE TRUCKS AND PACKERS (2013 FREIGHTLINER 114SD WITH WAYNE FURY REAR LOADER PACKER) FOR A TOTAL COST OF $333,368.00” in the Town of West Seneca, received and filed.
 
14-C COMMUNICATIONS

      
1.     Supervisor Meegan re Resolution requesting the NYSDOT to re-evaluate the placement of a traffic signal at 355 Harlem Rd
 
 
Received and filed.
 
 

 
Supervisor Meegan stated she had discussions with the NYS Department of Transportation (NYSDOT) earlier today and they are willing to work this situation out. The town’s concern involved the expansion of Multisorb and BOCES along with the SPCA locating across the street. In order to provide an opportunity for these businesses to grow, the town was requesting that a trigger light be installed to ease the burden of traffic flow in and out of the facilities. Supervisor Meegan stated she had spoken with Senator Kennedy, Assemblyman Kearns and Legislator Lorigo, all of who support this issue. Public dollars cannot be spent on a traffic study, so they will have to go back to the property owners to see if they will agree to fund it.
 
Councilman Rusinski stated this area is in his fire district and a lot of traffic currently goes in and out of these businesses. There was a trigger light there years ago and he feels it would be a good idea to have one re-installed.
 
Town Attorney Shawn Martin stated there was a SEQR study done previously that included a traffic study and that information could be made useful at any point in the future once the SPCA is up and running.
 
Councilman Hart questioned if a traffic control device would be more beneficial than a trigger light and if the businesses or NYSDOT would consider paying for a traffic study.
 
Chief Gehen commented that considering the expansion of Multisorb and BOCES along with the addition of the SPCA a traffic control device would be a good idea. This stretch of road typically has a higher rate of speed and volume of traffic.
 
Supervisor Meegan stated that she had a good conversation with the NYSDOT however they cannot spend public money to do a traffic study. Once the SPCA is in place and guidelines have been met, the traffic flow will be evaluated.
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                                      Page four . . .
 
14-C COMMUNICATIONS
 

 2. Supervisor Meegan re Fourth Annual Tour de Farms
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the request from Massachusetts Avenue Project to allow their Fourth Annual Tour de Farms bicycle ride through West Seneca on September 15, 2012.

 
On the question, Councilman Rusinski questioned if Chief Gehen saw any potential problems with this event.
 
Chief Gehen stated this is the fourth time this event has been held and there have been no problems in the past.   Police officers are at intersections and the riders stop at traffic lights and obey all traffic regulations.
 
Councilman Hart questioned if the officers receive overtime for working this event.
 
Chief Gehen responded that adequate staff will be available to cover this event, but it does not involve overtime.
 
          Ayes: All                                   Noes: None                               Motion Carried
 

 3.   Town Attorney re Resolution to provide 384-e benefits to Town Police Officers
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, that the West Seneca Town Board does hereby elect to provide the additional benefits of Section 384-e of the Retirement and Social Security Law for any member of its Police Department who duly elects Section 384-d of the Retirement and Social Security Law, as presently or hereafter amended.

 
On the question, Councilman Hart questioned if this was part of the collective bargaining unit and the overall cost to the town.
 
Town Attorney Shawn Martin stated this is contractual with the PBA and only involves four officers. The additional cost is $2000 with a past service cost of $8380. The town is contractually obligated to provide these benefits and has paid for this in the past and there is money in the budget.
 
Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                                      Page five . . .
 
14-C COMMUNICATIONS

  
4.   Code Enforcement Officer re Rezoning request for property located at 959 Indian Church Rd.
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to refer the rezoning request for 959 Indian Church Road to the Planning Board.
 
Ayes: All                Noes: None            Motion Carried
 
5.   Director of Recreation, Youth & Sr. Services re Status change for Lee Ann Piniewski to seasonal
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Food Service Worker Lee Ann Piniewski to part-time seasonal effective September 4 – 28, 2012 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 Budgetary transfer requests
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the following budgetary transfer requests for the Highway Department:
 

         
          Amount                           From                                         To
          $1000                             Guardrail & Railing Repairs                   Repair of Machinery
002.51110.0445                        002.5130.0445
          $2000                             Charles Burchfield Center            Highway Building
                                                001.7420.0445                          001.5132.0452
          $2800                             Charles Burchfield Center
                                                001.7420.0445
          $2000                                                                             Park Building Maintenance
                                                                                                001.7110.0463
          $ 800                                                                             Pool Repair & Maintenance
                                                                                                001.7181.0445
 
Ayes: All                                   Noes: None                               Motion Carried
 

7.   Councilman Hart re Appointment of Karl Spencer to West Seneca Environmental Commission
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to appoint Karl Spencer to the balance of a one year term on the West Seneca Environmental Commission effective immediately and ending on August 7, 2013.
 
Ayes: All                Noes: None            Motion Carried

 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                                      Page six . . .
 
14-C COMMUNICATIONS

 
8.   Councilman Hart re Appointment of Kyle Hanley as non-voting member of West Seneca Environmental Commission
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Kyle Hanley as a non-voting member of the West Seneca Environmental Commission effective immediately and ending on August 7, 2013.
 
Ayes: All                Noes: None            Motion Carried

 
14-D WARRANT
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
 
General Fund - $148,727.41; Highway Fund - $61,407.87; Special Districts - $29,889.08 (voucher #’s 74696 -74868); Trust & Agency Fund - $30,291.60 (voucher #’s 74474 - 74869); Capital Fund - $297,053.24 (voucher #’s 74692 – 74870)
 
Ayes: All                                   Noes: None                               Motion Carried
 
14-E REPORTS
 
·         Jacqueline A Felser, Town Clerk’s report for August 2012 received and filed.
·         John Gullo, Code Enforcement Officer’s report & plumbing report for August 2012 received and filed.
 
ISSUES OF THE PUBLIC
 
          BUILDING REGULATIONS
 
Dave Kims questioned if the town had the ability to regulate the colors a business can paint the outside of their building.
 
          Code Enforcement Officer John Gullo stated there have been discussions about ways to set up the cosmetics of a district or corridor but more conversation is needed before moving forward.
 
          TOWN BOARD MEETING DATES
 
          Dave Kims questioned if the Town Board ever had discussions with the school district to hold meetings on alternate Monday’s so the public can attend both meetings.
 
          Councilman Hart stated that town meetings are set in January prior to the school district meetings which are set in July. He suggested contacting the school district since their meetings are scheduled after the town meetings.
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                                      Page seven . . .
 
ISSUES OF THE PUBLIC
 
TOWN BOARD MEETING DATES   (continued)
         
Amy Carpenter noted that school board meetings are scheduled in conjunction with other school districts that abut West Seneca and the town has more flexibility regarding the scheduling of meetings.
 
Supervisor Meegan thanked Mrs. Carpenter for this information, noting they will keep this in mind when scheduling is set at the reorganization meeting.
 
GARBAGE TOTES
 
          Marilyn Wasson commented on the town’s proposal to purchase 95 gallon and 65 gallon garbage totes and questioned when this will be voted on.
 
Councilman Hart responded that the proposal is still in the planning and discussion stage and a vote will take place at a later date.
 
Supervisor Meegan stated there was a discussion on this proposal at a work session and more work sessions will be scheduled in the future. Residents were encouraged to share their thoughts and ideas regarding this issue.
 
          Ms. Wasson had the following questions about the totes – how will residents clean them; what happened to the garbage law and why is it not enforced; how many new trucks and totes will be purchased; what will the totes cost the taxpayers; how will brush be picked up. Ms. Wasson further commented that if the garbage law had been enforced in the past the town would not have to buy totes to control the rats. 
 
          Highway Supt. Matthew English stated that the garbage law was never enforced as long as he has worked for the town. Residents will be responsible for cleaning the totes and brush will continue to be picked up in the same manner as it currently is. After speaking with the Assessor and based on actual parcels in town, 15,000 is an approximate number of totes.
 
          Councilman Hart stated that no new trucks will be purchased and the cost of the totes is yet to be determined.
 
Supervisor Meegan commented that discussions are in the early stages and still continuing. All surrounding municipalities are buying totes and the concern is that West Seneca will be the source for rats if they do not also buy them. Supervisor Meegan stated she has received many positive and very few negative comments regarding the totes.
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                             Page eight . . .
 
ISSUES OF THE PUBLIC
 
GARBAGE TOTES   (continued)
 
Jerry Rouleau stated he used to live in Buffalo and the totes helped with the rat problem because garbage was covered. Mr. Rouleau now resides in West Seneca and stated he has killed numerous rats since he moved. He is in favor of the totes and noted they are easy to take care of, have wheels so they are easy to move, and they keep garbage contained.
 
Bill Hanley calculated the cost of purchasing totes to be $28 each based on 35,000 totes and questioned if residents will be provided the opportunity to speak to this issue prior to a vote. 
 
Supervisor Meegan stated there will be additional work sessions and discussions on this issue.
 
STATUS OF AMERICORPS PAYMENTS
 
          Amy Carpenter questioned the status of the AmeriCorps payments and the sale of the School Street property.
 
Finance Director Patrick Clancy stated that a payment was received from AmeriCorps and Town Attorney Shawn Martin advised there was no news on the sale of the School Street property.
 
STATUS OF SPCA
 
Amy Carpenter questioned the status of the SPCA and if the town is still waiting for approval from the DEC.
 
Code Enforcement Officer John Gullo responded that drawings are still in the process of being completed. All necessary approvals have been received including site plan approval from the Planning Board.
 
2013 BUDGET
 
Amy Carpenter questioned if the 2013 budget hearing had been scheduled and when the proposed budget will be available for public viewing.
 
Supervisor Meegan stated that the budget meeting had not yet been scheduled and they were hoping to have the budget together by September 15th.
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                             Page nine . . .
 
ISSUES OF THE PUBLIC
 
BOARD MEMBER BENEFITS
 
Amy Carpenter questioned if any of the board members received health insurance or the in lieu of payment, cell phones, Internet service or mileage paid by the town.
 
Supervisor Meegan responded that she receives an in lieu of payment on the health insurance. The town does not pay for her cell phone or Internet and she uses a town vehicle for town business.
 
Councilman Hart & Councilman Rusinski stated they do not receive health insurance or the in lieu of payment and the town does not pay for their cell phones, Internet service or mileage.
 
Beverly Leising questioned if Supervisor Meegan has to claim the use of a town vehicle and if taxes are withheld from the in lieu of payment.
 
Councilman Hart stated that only private use of a town vehicle has to be claimed.
 
Supervisor Meegan stated she does not use the town vehicle for private use and taxes are withheld from the in lieu of payment.
 
ELMSFORD DRIVE RECONSTRUCTION
 
Stan Kopec complimented the town on the reconstruction of Elmsford Drive that took place last year. However, this year the contractor that did the restoration work used topsoil that is loaded with rocks, crabgrass and weeds. 
 
Supervisor Meegan stated she spoke with Town Engineer Richard Henry on this issue and they are holding the contractor accountable for this work. The contractor will be reseeding and fertilizing, but they were waiting for the heat of summer to be over. The work should be done within the next ten days.
 
DIRECTOR OF RECREATION, YOUTH & SR. SERVICES
 
Beverly Leising clarified comments she made at last month’s meeting that may have implied Director of Recreation, Youth and Senior Services Mary Josefiak was not doing a good job.   Mrs. Leising stated Mrs. Josefiak is doing an excellent job and she is proud of her and all her efforts.
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                             Page ten . . .
 
ISSUES OF THE PUBLIC
 
HYDRANTS ON PINEWOOD DRIVE
 
George Clifford stated there are 60 houses on Pinewood Drive and only two fire hydrants. He questioned if this met the fire code.
 
Code Enforcement Officer John Gullo stated that Pinewood Drive is in compliance noting that the fire code calls for a distance of 500 feet in each direction. If the distance between hydrants is close, new developers are asked to put in an additional hydrant.
 
PROPOSED TRAFFIC SIGNAL ON HARLEM ROAD
 
Bill Hanley commented on the proposal to install a traffic light on Harlem Road and suggested putting a warning light on the other side of the bridge.
 
Supervisor Meegan stated this was a good idea and was part of the discussion she had with the NYSDOT.
 
FISHER COURT STREET SIGN
 
          Johanna Guenther thanked Highway Supt. Matthew English for straightening the street sign in Fisher Court.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
EXECUTIVE SESSION
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to recess to Executive Session at 8:15 P.M. to discuss a contract matter and a litigation matter and issues with Highway Supt. Matthew English, Chief Gehen and Director of Recreation, Youth and Senior Services Mary Josefiak.
 
Ayes: All                                   Noes: None                               Motion Carried
 
The board members returned from Executive Session at 9:25 P.M.
 
REMOVAL OF DIRECTOR’S POSITION FROM WHITE COLLAR UNION
 
Motion by Councilman Rusinski, seconded by Councilman Hart, to go forward on the memorandum of agreement (MOA) to remove Mary Josefiak from the Union and utilize the MOA that was created by Labor Counsel.
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-14
West Seneca, NY 14224                                                          September 10, 2012
                                                                             Page eleven . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
REMOVAL OF DIRECTOR’S POSITION FROM WHITE COLLAR UNION   (continued)
 
On the question, Supervisor Meegan questioned if this was discussed with Labor Counsel Sean Beiter.
 
Councilman Hart responded that Mr. Beiter does not return their phone calls.
 
Ayes: All                                   Noes: None                               Motion Carried
 
Supervisor Meegan stated she will reach out to Mr. Beiter, noting there will be a meeting with the Union and Labor Relations Specialist Rob Mueller.
 
ADJOURNMENT
 
          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:30 P.M.
 
          Ayes: All                                  Noes: None                               Motion Carried
 
 
 
 
          _______________________________________
 JACQUELINE A FELSER, TOWN CLERK
 
 
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