Town Board Minutes

WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
 
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance to the Flag led by Highway Supt. Matthew English.
 
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.
 
The meeting was dedicated to the memory of Joanne M. Shea, Howard Sommer and Vincent Stadler.
7-A    MINUTES TO BE APPROVED
 
·                 Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the March 4, 2013 work session.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
·                 Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve Minutes #2013-06 of March 4, 2013.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
7-B    TABLED ITEMS

      
1.    Code Enforcement Officer re Revised fee schedule
 
 
Remained on the table.

7-C    COMMUNICATIONS

      
1.      Supervisor Meegan re Amendment of Resolution for sewer district consolidation study
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to amend the motion of the March 4, 2013 Town Board meeting and approve a 10 percent, $3000 cash match under the Town of West Seneca Local Government Citizens Re-Organization Empowerment Grant for a planning study of sewer district consolidation with the Erie County Division of Sewerage Management.
 
Ayes: All                Noes: None            Motion Carried
                                                          *APPENDICES*



 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
                                                                                       Page two . . .
 
 
7-C    COMMUNICATIONS
 

2.    Supervisor Meegan re Resolution in opposition to NYS Senate and Assembly Bill
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution in opposition to NYS Senate Bill 2605 and Assembly Bill 3005 which will allow portions of reduced fines currently retained by municipalities to be given to the State of New York.

 
On the question, Councilman Rusinski stated that NYS asserts this bill is designed to positively affect traffic safety; however, this NYS general budget initiative is designed to generate $16 million to $24 million, and generally speaking, effective safety initiatives usually cost money and should not generate funds. This type of legislation will be at the financial detriment of local municipalities and is just another example of state government using local government as a source of revenue.  Councilman Rusinski stated that Part C of the bill regarding reduced fines remaining with municipalities is the only portion he is opposed to and it needs to be adamantly opposed on behalf of the taxpayers.
 
Councilman Hart commented that this bill is a budget buster and will definitely put the town over the 2 percent tax cap. This type of legislation is extremely unfair to local governments who bear all the costs of the court, police department, overtime expenses and other expenditures to enforce the Vehicle and Traffic Law, and if passed, will result in a loss of between $800,000 and $1 million in revenue for the town.
 
Ayes: All                                   Noes: None                               Motion Carried       
                                                                                                *APPENDICES*

 
 3.   Supervisor Meegan re Request for waiver of prevailing wage
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Town Attorney to seek formal approval from the New York State Public Works Director to allow apprentices at local labor unions to perform work at Fireman’s Park for improvements to the baseball facilities, noting this will allow the apprentices to obtain valuable work experience and provide an invaluable benefit to the residents of the Town of West Seneca.

 
On the question, Councilman Hart stated this will be low cost construction of five baseball fields for the youth baseball program.
 
 
 
 
 
WEST SENECA TOWN OFFICES                                                   TOWN BOARD PROCEEDINGS
1250 Union Road                                                                            Minutes #2013-07
West Seneca, NY 14224                                                               March 18, 2013
                                                                                                            Page three . . .
 
7-C      COMMUNICATIONS
 
3.          (continued)
 
Supervisor Meegan stated this will enable the Town of West Seneca to expand the diamonds and give boys baseball a park of their own. The town has a working document in progress with Local 17 who will start the project and then reach out to others. Boys baseball has raised $50,000 to assist in providing meals for the apprentices and help alleviate fuel costs. Portions of the work will also be performed by the Buildings & Grounds Department and anyone else in the community that would like to help. Supervisor Meegan commented that this is a terrific opportunity and an example of unions and the town working together along with the youth.
 
          Ayes: All                                   Noes: None                               Motion Carried

 
   4.    Town Engineer re Additional hydrants – Camelot Square, Part 3 Subdivision
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the addition of four (4) hydrants for Camelot Square, Part 3 Subdivision; and further, acknowledge and resolve to pay the additional hydrant fee that will be charged by Erie County Water Authority in the amount of $160.80 per hydrant, per year.
 
Ayes: All                Noes: None            Motion Carried
 
 
5.   Chief Gehen re Increase of hourly wage for crossing guards
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to increase the hourly rate for part-time crossing guards from $8.00/HR to $9.00/HR effective March 24, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried

 

   6.    Town Clerk re Extension of tax collection
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve an extension of the time for collection of 2013 town/county taxes to July 1, 2013, noting that this will allow the town to keep the penalties rather than the county receiving them.

 
On the question, Councilman Hart questioned if extending the tax collection will allow residents to continue paying taxes at Town Hall and the bank.
 
Town Clerk Jacqueline Felser responded that residents can only pay their taxes at M & T Bank until February 15th, but can continue to pay by mail or in person at Town Hall up until July 1, 2013 and the town keeps the penalties instead of the county receiving them.
 
Ayes: All                                   Noes: None                               Motion Carried
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
                                                                                      Page four . . .
 
7-C    COMMUNICATIONS

 
   7.    Director of Recreation re Attendance at NYS Parks and Recreation
Conference
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Director of Recreation Craig Kroll to attend the New York State Parks and Recreation Conference, March 18 & 19, 2013 in Rochester, NY at a total cost not to exceed $460.
 
Ayes: All                Noes: None            Motion Carried
 
   8.    Town Engineer re Attendance of R. Pfeil at Civil 3D 2013 Fundamental Training Class
 
 
Motion by Councilman Rusinski, seconded by Councilman Hart, to authorize Principal Engineering Assistant Ronald Pfeil to attend the Civil 3D 2013 Fundamental Training Class, April 9 – 12, 2013 in Amherst, NY at a total cost not to exceed $1,395 and noting that sufficient funds are available in line item #1.1440.0200.

 
On the question, Councilman Hart commented on the cost and questioned if engineering employees are required to have training each year. 
 
Town Engineer Steven Tanner responded that annual training is not required of employees in the Engineering Department and they have not participated in any training in a few years.  This four day training involving Civil 3D software is not required, but will provide greater efficiency within the department as technology continues to evolve.
 
Ayes: All                                   Noes: None                               Motion Carried
 

   9.    Councilman Rusinski re Resolution in opposition of gun control bill, NY safe act
 
Motion by Councilman Rusinski, seconded by Councilman Hart, to adopt the attached resolution urging that immediate action be taken to rescind, repeal and rewrite Gun Control Bill S.2230 known as the New York Safe Act.
 

On the question, Councilman Hart stated gun control is a very difficult issue throughout the state and he supports this resolution because the initial Gun Control Bill was rushed through the Senate and Assembly without adequate discussion.
 
Chief Gehen stated the biggest problem with the bill is how it was hurried through without any input from law enforcement. A reasonable way to address this issue would be the inclusion of law enforcement, mental health and prosecutors in a discussion, resulting in an educated process going forward. 
 
Ayes: All                                   Noes: None                               Motion Carried
                                                                                                *APPENDICES*
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
                                                                                      Page five . . .
 
 
7-C    COMMUNICATIONS

 
 10.   Chief Gehen re Appointment of Lucille Malizia as part-time crossing guard
 
 
Motion by Councilman Rusinski, seconded by Councilman Hart, to appoint Lucille A Malizia as part-time crossing guard at a rate of $9 per hour effective March 24, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
 11.   Town Attorney re Local Law #2013-04, Modification to Section 74, Discharge of Firearms
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to schedule a public hearing to consider Local Law #2013-04, Modification to Section 74, Discharge of Firearms.
 

On the question, Town Attorney Shawn Martin stated this local law involves updating and modifying Section 74 of the Town Code and if approved will allow for an indoor shooting range in the Industrial Park. The local law also enables law enforcement to train and undergo any appropriate measures necessary for certification and updates provisions for discharge of firearms permits in the town. Mr. Martin stated the notice will be published advertising the public hearing for April 29, 2013 at 7:00 P.M.
 
Councilman Hart questioned if there is a fee for a discharge of firearms permit and Mr. Martin responded that currently there is no fee but that could be included in the local law if the board members chose to do so.
 
Chief Gehen stated he is in agreement with the law as it is proposed and depending on the facility the proposed indoor shooting range could be a good opportunity for law enforcement to train locally.
 
Ayes: All                                   Noes: None                               Motion Carried
 
 
7-D REPORTS
 
·        Jacqueline A. Felser, Town Clerk’s report for February 2013 received and filed.
·        John Gullo, Code Enforcement Officer’s report & plumbing report for February 2013 received and filed.
 
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
                                                                                      Page six . . .
 
 
7-E WARRANT
 
Motion by Councilman Hart, seconded by Supervisor Meegan, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
 
General Fund - $335,015.10; Highway Fund - $88,178.14; Special Districts - $483,143.19 (voucher #’s 77023 - 77715); Trust & Agency Fund - $36,388.28 (voucher #’s 77605 – 77722); Capital Fund - $82,286.66 (voucher #’s 77618 – 77620)
 
Ayes: All                                   Noes: None                               Motion Carried
 
 
ISSUES OF THE PUBLIC
 
          DEER POPULATION
 
Leonard Brooks commented on the abundance of deer in his yard on French Lea Road and the problems they are causing.
 
          Supervisor Meegan responded she is working with the DEC and others regarding thinning the herd and there will be discussions on the territories that need to be targeted with the hope of having a plan in place by September.
 
          STATUS OF AMERICORPS PAYMENTS
 
          Karen Lucachik questioned the status of AmeriCorps payments.
 
Finance Director Laura Landers responded a payment of $8,000 was received in March.
 
          PLANNING BOARD MEETING
 
          Karen Lucachik stated she attended the last Planning Board meeting when the shooting range was proposed and tabled without any explanation. She suggested in the future the Planning Board provide a brief explanation as to why a particular item is being tabled. Mrs. Lucachik further referred to the architect’s application for the shooting range and questioned if the town or ECIDA was partnering in this venture.
 
Supervisor Meegan responded the town is not involved in a joint venture and she is unaware of any other involvement.
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
                                                                                      Page seven . . .
 
ISSUES OF THE PUBLIC
 
PLANNING & ZONING BOARD MEMBERS
 
          Karen Lucachik questioned the ruling concerning Planning & Zoning Board members missing meetings.
 
          Supervisor Meegan responded that members can miss up to three meetings with permission from the Planning or Zoning Board Chairman.
 
          GARBAGE TOTES
 
          Karen Lucachik questioned the size of the garbage totes.
 
Supervisor Meegan responded that a work session is scheduled for April 1st to discuss tote sizes and bonding. Several conversations are taking place addressing the needs and an overall plan involving tote size and inventory is projected to begin by August or September.
 
          OPEN DITCHES ALONG TOWN ROADS
 
          Beverly Leising referred to previous discussions regarding open ditches and questioned what the town does to maintain ditches along town roads. She noted there is a problem with standing water in ditches on Sky Hi Drive and East Avenue and questioned if the town does anything to prevent West Nile Virus.
 
Highway Supt. Matthew English responded that when a call regarding standing water is received, crews are dispatched to snake or clean the problematic ditch. Mr. English stated that Sky Hi Drive and East Avenue are town roads, but due to lack of funding the county no longer provides the town with pellets once used for prevention of West Nile Virus.
 
          RAT PROBLEM
 
          Mark Kalinowski commented on the increasing rat problem in town and urged the board to move quickly and expeditiously with the purchase of totes since the problem will only get worse in the summer months. He noted that West Seneca and Lackawanna are the only two localities that do not have totes and the Erie County Health Department has reported a 60 percent decrease in complaints once totes are instituted in a municipality.  Mr. Kalinowski stated that rats have been an ongoing issue of discussion since first mentioned at a board meeting in 2007 and there is still no resolution. County funding to control the rats has stopped and as a taxpayer in the 13th highest taxed county in the nation he feels his basic health and safety needs are not being met.
 
          Supervisor Meegan responded the board is addressing this along with many other issues presented to them over the last five years. 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
                                                                                      Page eight . . .
 
ISSUES OF THE PUBLIC
 
          RAT PROBLEM   (continued)
 
          Councilman Hart noted not everyone is in favor of totes and he anticipates there will be significant discussions for and against the purchase.
 
          Mr. Kalinowski stated he walks his dogs nightly in the Ebenezer area where rats are always visible. Many of the businesses do not have dumpsters but instead set their garbage out uncontained.
 
          Code Enforcement Officer Jeffrey Baksa stated his department will respond to complaints of garbage, inspect the area and cite property owners that are in violation.
 
          RECYCLING & GARBAGE ISSUE
 
          Linda Toy requested that recycling bins be placed back on residents’ lawns after they are emptied. She further questioned what happens after the town is notified a resident is placing garbage out early.
 
          Supervisor Meegan responded she will call the recycling company regarding placement of the bins.
 
          Code Enforcement Officer Jeffrey Baksa responded that Code Enforcement Officers will stop by properties and directly speak with residents that put garbage at the curb too early or notify them by mail.
         
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
SENECA STREET PARKING NEAR EBENEZER ALE HOUSE
 
Chief Gehen reported back on a request to monitor vehicle parking on Seneca Street near the Ebenezer Ale House and stated the area in question did not appear to pose a problem when checked on March 8th, 15th and 16th.
 
POLICE EXPANSION
 
Town Engineer Steven Tanner provided board members with the estimate for the police expansion.  Due to timelines and how the project will be bid, a bond resolution request for $1 million will be presented to the board at their next meeting. Finance Director Laura Landers had suggested bonding between $1.2 - $1.3 million in case a grant fell through.
 
Supervisor Meegan stated the town will present one request to bond counsel that bundles the garbage totes and police expansion.
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-07
West Seneca, NY 14224                                                          March 18, 2013
                                                                                      Page nine . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
RESTROOM/STORAGE FACILITY AT BURCHFIELD NATURE & ART CENTER
 
Town Engineer Steven Tanner stated a bid date will be requested at the next meeting for the restroom/storage facility at Burchfield Nature & Art Center.
 
Supervisor Meegan questioned if the mold issue at the Metz house could also be addressed at that time.
 
Mr. Tanner did not believe he would be prepared to address the mold abatement because bid documents are not complete.
 
EXECUTIVE SESSION
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 7:50 P.M. to discuss two contract matters and one litigation matter.
 
Ayes: All                                  Noes: None                               Motion Carried
 
The board members returned from Executive Session at 8:35 P.M.
 
AGREEMENT WITH BOCES
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to provide a police presence at Erie 1 Boces located at 706 Potter Road, West Seneca, pursuant to the attached Memorandum of Understanding.
 
Ayes: All                                  Noes: None                               Motion Carried
                                                                                                *APPENDICES*
 
ADJOURNMENT
 
          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:37 P.M.
 
          Ayes: All                                  Noes: None                               Motion Carried
 
 
 
 
          _______________________________________
 JACQUELINE A FELSER, TOWN CLERK

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