Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 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 Chief Denz.
ROLL CALL: Present - Sheila M. Meegan Supervisor
John M. Rusinski Councilman
Eugene P. Hart Councilman
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 Stanislaw Galazka.
23-A MINUTES TO BE APPROVED
· Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve Minutes #2013-22 of October 17, 2013.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the October 2, 2013 bid opening for four (4) refuse trucks with packers.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the October 2, 2013 bid opening for retrofitting five (5) refuse trucks with packers.
Ayes: All Noes: None Motion Carried
23-B COMMUNICATIONS
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1. Supervisor Meegan re Erie County 2013 – 2016 Snow Removal & Ice Control Agreement
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Motion by Supervisor Meegan, seconded by Councilman Hart, to enter into the attached 2013 – 2016 Snow Removal and Ice Control Agreement with Erie County negotiated by the Town Highway Superintendents Association of Erie County, Inc. and further direct the Town Attorney to review and execute the contract.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page two . . .
23-B COMMUNICATIONS
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2. Highway Supt. re Bid award for four (4) refuse trucks with packers
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Motion by Supervisor Meegan, seconded by Councilman Hart, to award the bid for four (4) refuse trucks w/packers to Fleet Maintenance Inc., 67 Ransier Drive, West Seneca, at their low bid of $702,588 which includes four units and two tippers, noting funds are available from line item 005.8160.0200.0525.
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On the question, Councilman Hart questioned if this purchase was coming from the equipment reserve fund and Highway Supt. Matthew English responded that the purchase was coming from the recent bond issue.
Ayes: All Noes: None Motion Carried
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3. Highway Supt. re Bid award for retro-fitting five (5) refuse trucks with packers
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to award the bid for retro-fitting five (5) refuse trucks w/packers to Guthrie Heli-Arc Inc., 8150 Buffalo Road, Bergen, NY 14416 at their low bid of $42,390 noting funds are available from line item 005.8160.0200.0525.
Ayes: All Noes: None Motion Carried
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4. Highway Supt. re Title change for Philip Steffan
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Philip Steffan as Highway Laborer and appoint him as Highway Motor Equipment Operator, Group 2, Step 5 at a rate of $26.34 per hour effective October 17, 2013 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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5. Highway Supt. re Termination of Robert Deppeler as part-time seasonal laborer
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Robert Deppeler as part-time seasonal laborer in the Sanitation Department effective October 21, 2013 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 #2013-23
West Seneca, NY 14224 October 28, 2013
Page three . . .
23-B COMMUNICATIONS
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6. Chief Denz re Bid date for unmarked police vehicles
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to set a bid date of November 12, 2013 at 10 A.M. for receipt of bids on the purchase of two (2) new unmarked police vehicles, noting funding is available through the 2013 police vehicle line item #1.3120.0208.
Ayes: All Noes: None Motion Carried
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7. Chief Denz re Purchase requiring Town Board approval
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to authorize the purchase of one new police vehicle to replace one vehicle that was severely damaged in a collision with another vehicle while it was being operated in an emergency capacity, noting funding is available through the 2013 police vehicle line item #1.3120.0208.
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On the question, Councilman Hart questioned if this was the vehicle damaged in the high speed chase in the City of Buffalo. Town Attorney Shawn Martin confirmed that it was and stated the town was able to negotiate with the insurance company for the owner of the vehicle and received reimbursement in the amount of $13,000.
Ayes: All Noes: None Motion Carried
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8. Chief Denz re Status change for part-time Public Safety Dispatchers to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to change the status of part-time Public Safety Dispatchers Matthew Leitzel, David Pangallo, Richard Miller and James McCullough to part-time seasonal effective November 1 – 30, 2013 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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9. Director of Recreation re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the budgetary transfer request of $7900 from salary of part-time employees line item #1.7140.0149 to Bicentennial pool employees line item #1.7180.0149 to cover the salary of summer lifeguards.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page four . . .
23-B COMMUNICATIONS
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10. Town Attorney re Contract with Chief of Police and Assistant Chief of Police
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the attached contract with the Chief of Police and Assistant Chief of Police.
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On the question, Councilman Hart stated this is not a change from what was done in the past, but they are adjusting to a change in NYS law that requires the Police Chief to have a contract to protect his rights relative to salary, health insurance, retirement benefits, etc.
Ayes: All Noes: None Motion Carried
*APPENDICES*
23-C APPROVAL OF 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 - $137,828.85; Highway Fund - $58,703.34; Special Districts - $7044.50; Capital Fund - $210,838.64 (voucher #’s 80478-81032); Trust & Agency Fund - $37,155.21 (voucher #’s 80828-80882)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
CAMELOT SQUARE PHASE III SUBDIVISION
Marisa Rizzo expressed concern over the continued cutting of trees in Camelot Square Phase III development after a citation was issued October 18th. She questioned what type of drainage will be put in and how the Planning Board was informed of any concerns of the Environmental Commission. Mrs. Rizzo further commented on the new construction on Conner Drive, noting the street is muddy and questioned how it will be cleaned each day.
Councilman Rusinski stated there is a meeting at the West Seneca Senior Citizens Center at 6 P.M. on Wednesday, October 30th to have questions answered and representatives from various departments will be present to get the facts straight.
Jeanmarie Cieslica presented a petition signed by 150 residents of the town requesting that work be halted on the Camelot Square Phase III subdivision and a tree replacement plan be put in place with neighborhood input to create a plan more aesthetically pleasing that would not decrease the value of their properties. She referred to various Planning Board minutes that addressed the project and comments of Planning Board members and the developer’s attorney. Mrs. Cieslica further commented that no communities allow developers to clear cut trees.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page five . . .
ISSUES OF THE PUBLIC
CAMELOT SQUARE PHASE III SUBDIVISION (continued)
Christopher Kotowski stated he and his neighbor have had drainage issues since they moved into their homes on Conner Drive and he believes it is coming directly from the back swale.
Code Enforcement Officer John Gullo stated that development of the subdivision behind their homes will take away from the flooding issue, and if not they should call and the Engineering Department will address the issue.
Mr. Kotowski further stated that when he bought his home he paid $4000 extra for a “premium lot” and was promised a wooded lot by the developer. This was quoted on his contract and he was told the woods behind his house will remain. Afterward he found out that plans for a third phase existed since 2009. Mr. Kotowski commented that the developer lied to the residents.
Lynn Jentsch questioned what the Environmental Commission does for the town.
Supervisor Meegan responded that the Environmental Commission deals with projects like the oxbow, boat launch, etc. The SEQR is the environmental guide for the Planning Board
Town Attorney Shawn Martin explained the SEQR process and stated those documents are on file in the Town Clerk’s office.
Mrs. Jentsch noted the lack of Environmental Commission meeting minutes on the town’s website and suggested it be updated. She further questioned if the Planning Board will be at the meeting on Wednesday and if the residents could meet with them about making changes to the site plan or re-treeing the area.
Code Enforcement Officer John Gullo stated the subdivision received final approval from the Planning Board in June 2013.
Councilman Rusinski stated the Planning Board will not be present at the meeting. He set up the meeting because there are a lot of unanswered questions and the residents wanted an opportunity to talk to board members and other involved departments. Councilman Rusinski stated the Planning Board cannot change anything at this point, but they could be clearer in the future on their comments and motions.
Councilman Hart commented that the town does not have an effective ordinance that preserves trees and gives the Planning Board guidance. They cannot bring the trees back, but they can go forward and change the ordinance to strengthen it so other areas are not affected. There is a law regarding replanting and two trees per lot are required in new developments. Councilman Hart further suggested that individuals that had contracts with the developer should seek an attorney’s advice.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page six . . .
ISSUES OF THE PUBLIC
CAMELOT SQUARE PHASE III SUBDIVISION (continued)
Supervisor Meegan did not believe any changes could be made to the current project and stated the Town Board has tried to stop projects in the past (i.e. Houghton College) and lost in court. She suggested they take steps to change the codes and take this opportunity for a re-tree program in that neighborhood.
Amy Carpenter repeated her comments from previous Town Board meetings suggesting that the Zoning Board, Planning Board and Town Board meet to eliminate problems like this. Mrs. Carpenter stated the Town Board is ultimately responsible and they do not know what the Planning Board is saying and the SEQR process is not always followed completely.
Mr. Martin stated that before any project goes forward there has to be a SEQR determination and negative declaration stating there are no issues or adverse impacts with the project.
Eric Paul commented on the adverse environmental impact this issue has caused and questioned what will be done to answer the citizens’ complaints. He suggested the town initiate an action against the developer on the basis that he hasn’t followed what was stated at the Planning Board meeting.
Councilman Hart referred to the site plan and commented that the Planning Board’s motion was vague and the town would lose in court. He did not believe there was a lot the Town Board could do since the developer was in compliance with the ordinance and the approved site plan.
Jeanmarie Cieslica questioned why the town could not put a halt to the work and review the site plan to make the developer put in something that is aesthetically pleasing. She suggested the site plan be reopened and commented that the developer lied, is in violation and he should be fined.
Supervisor Meegan stated the site plan was given final approval in June. The town could take this issue to a higher court, but it is a question of interpretation. She suggested rather than spend $30,000 on legal fees, their efforts be spent on re-treeing the neighborhood.
The board members decided to discuss the question of possible litigation in Executive Session later in the meeting.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page seven . . .
ISSUES OF THE PUBLIC
HIRING OF YOUTH SERVICE PROGRAM COORDINATOR
Michael Wach stated his son had applied for the Youth Service Program Coordinator position and he questioned the hiring practice of the town and why no interviews were conducted.
Supervisor Meegan offered to speak to Mr. Wach after the meeting concerning this personnel issue.
Beverly Leising expressed her disappointment in the manner in which this position was filled. She asked that in the future everyone that applies for a position is given equal opportunity and the courtesy of an interview and the department head have a say in who is hired for their department.
SUMMER DAY CAMP PROPOSAL
Johanna Guenther commented on the cost of the proposed summer day camp that was presented at the work session earlier today and suggested it be put to a referendum to allow the taxpayers a chance to vote on it.
Supervisor Meegan thought that Mrs. Guenther had misunderstood the information presented at the work session and offered to review it with her at a later date.
Councilman Hart stated the proposal is still being studied, but the proposed program would actually reduce the cost of the recreation program currently being operated.
SENECA MALL SITE FEASIBILITY STUDY
Amy Carpenter referred to the feasibility study approved for the Seneca Mall site and hoped the board will keep the public informed, noting there is often a lot of talk and nothing comes to light.
STATUS OF TOTES PURCHASE
Amy Carpenter referred to the totes purchase and stated the public needs to be kept informed and educated on this issue.
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1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page eight . . .
ISSUES OF THE PUBLIC
SEWER TAX QUESTION
Amy Carpenter questioned if the hotels on Slade Avenue pay the same sewer tax as everyone else in town.
Councilman Rusinski stated the hotels are located in Sewer District #5 and they pay based on a unique formula involving gallons/units. The developer also had to do a 4:1 mitigation when the project was built.
Supervisor Meegan suggested contacting Erik Finbar in the Assessor’s office for information on how the tax is calculated.
Mrs. Carpenter further questioned if the 4:1 mitigation applied to the Houghton College project.
Code Enforcement Officer John Gullo stated the Engineering Department submitted calculations for the 4:1 mitigation on the Houghton College project and the developer accepted a dollar amount in place of doing the work.
Mrs. Carpenter questioned if this will be indicated on the budget and Supervisor Meegan responded that it will be indicated in the special districts portion of the budget.
REQUEST FOR TREE TRIMMING ALONG CREEK ON GEORGE DRIVE
A resident of 38 George Drive stated there are trees that border the creek that are almost touching her house. She questioned who’s responsibility it is to trim the trees.
Highway Supt. Matthew English thought the trees might be located on a gas company right-of-way and stated he will take a look at the situation.
The resident further commented on vehicles that park blocking the sidewalks and a neighbor that puts a basketball net on the cul-de-sac every summer, which has become an issue. She questioned how this can be stopped.
Supervisor Meegan stated the basketball net is really a neighbor issue, but they could have a conversation with the resident and the Police Department can check for vehicles blocking the sidewalks.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page nine . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
WEST SENECA HIGH SCHOOL MARCHING BAND
Supervisor Meegan congratulated the West Seneca High School Marching Band for winning the Large School Division III NYS championship.
HALLOWEEN
Supervisor Meegan announced that Thursday, October 31st from 6 P.M. to 8 P.M. has been designated as the official night for trick-or-treat in the Town of West Seneca.
TOWN BOARD MEETING TIME CHANGED
Supervisor Meegan stated the next Town Board Meeting will be held Monday, November 4, 2013 at 2 P.M.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 8:15 P.M. to discuss a possible litigation matter.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 8:35 P.M.
Motion by Councilman Rusinski, seconded by Supervisor Meegan, that effective immediately on requests for preliminary and final subdivision approval before the Planning Board, the adjoining residents shall be notified to the same extent as notification is given for rezoning and special permit requests.
On the question, Councilman Rusinski stated the board members want to ensure the residents have time for input and are aware of subdivision projects. All residents in the involved areas will be notified.
Councilman Hart stated they will be gathering information from other local governments with regard to their tree ordinances.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to receive and file the petition submitted concerning Camelot Square Phase III subdivision.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-23
West Seneca, NY 14224 October 28, 2013
Page ten . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:40 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK