Town Board Minutes
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 Councilman Rusinski.
ROLL CALL: Present - Sheila M. Meegan Supervisor
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 Eunice Coakley, Ann Colleen Wirth, Mary G. Lagana, Carol Ann Kilijanski and Paulette Campagna.
§ Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the December 16, 2013 work session.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2013-27 of December 16, 2013.
Ayes: All Noes: None Motion Carried
28-B HELD OVER PUBLIC HEARINGS
1. Re: “A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2013-06, MODIFICATION TO TOWN CODE CHAPTER 92 PROPERTY MAINTENANCE” in the Town of West Seneca.
Town Attorney Shawn Martin stated the change made to the ordinance addresses birdfeeders and states that “birdfeeders shall be maintained so as to prevent the infestation of rodents or vermin.”
Beverly Leising thought the wording left many loopholes and options for residents since it doesn’t say they can’t throw bird seed on the ground or that there has to be a container underneath the feeder.
Mr. Martin didn’t believe there was any intention to ban birdfeeders in town so there has to be some leeway in the ordinance. If the amendment is adopted, it will give code enforcement the ability to cite a resident if they find there is a situation that attracts rodents.
Mrs. Leising questioned if there will be a fine for violating the ordinance.
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28-B HELD OVER PUBLIC HEARINGS
1. (continued)
Mr. Martin stated the ordinance is already in place and it includes a fine for violations. Only one paragraph was added in an attempt to eliminate the food source for rodents. If they find that a situation exists, the resident is subject to being cited and will be brought to court with the opportunity to defend themselves.
Mrs. Leising questioned if the ordinance covers feeding other animals and Mr. Martin advised there is a separate provision that covers feeding animals with food scraps, etc.
Councilman Hart expressed concern about the vagueness of the ordinance.
Code Enforcement Officer Jeffrey Baksa stated there are already provisions in the ordinance to cover certain situations (i.e. food scraps thrown directly on ground), but there wasn’t language for birdfeeders with food falling to ground. There is no legitimate way to measure the amount of feed that falls and if they tell residents the food can’t fall on the ground, they are basically telling them they cannot have a birdfeeder. Mr. Baksa stated the proposed change gives his office an avenue to address a situation that becomes a problem and residents take pictures and report things to the Code Enforcement office if they see a problem.
Councilman Rusinski commented that the proposed change in the ordinance puts residents on notice that the town is looking to reduce the rodent problem. Upon receipt of a complaint the process will begin and each case will be based on its merit. Councilman Rusinski thought this was a systematic way of holding people accountable.
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to close the public hearing.
Ayes: All Noes: None Motion Carried
2. Re: “A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2013-07, MODIFICATION TO TOWN CODE CHAPTER 101 SOLID WASTE” in the Town of
Town Attorney Shawn Martin stated some definitions in the ordinance were changed relative to totes for collection of garbage and recyclables. When in effect, all garbage will have to be disposed of in town approved/provided totes, except for grass clippings which can be placed in biodegradable paper bags (no plastic bags allowed) or residents’ own containers. The amendments also address the change in the way solid waste and recycling is picked up.
Councilman Hart questioned what will happen if a resident’s garbage exceeds the 95 gallon garbage tote and what will happen if a wheel on a tote breaks.
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28-B HELD OVER PUBLIC HEARINGS
2. (continued)
Mr. Martin responded that all solid waste must go in the tote and additional totes will be made available for purchase if needed at a cost of $45 each. The Highway Department will also continue to have a truck on site to dispose of additional garbage. Contractors are responsible to arrange for disposal of their own solid waste, but a resident that does their own home improvement project can dispose of their solid waste as long as it fits in the tote. Mr. Martin further stated there is a warranty on the totes for the bar, wheels and axle.
Highway Supt. Matthew English stated the Highway Department will go out and repair the wheels.
Supervisor Meegan stated there will be full instructions distributed with the totes along with phone numbers and a website. The recycling contract needs to be rebid because the current vendor is not equipped to pick up the recycling totes so they will not be put into use until February 3rd.
Councilman Hart noted that for a designated number of days after the totes are rolled out, if a resident does not want the 95 gallon garbage tote they will be able to exchange it for a smaller tote. He further questioned who will be responsible for a tote being hit by a car.
Mr. Martin stated the totes are not warranted for car damage and the town will have to address this on a case-by-case analysis.
Councilman Hart questioned how commercial properties will be handled.
Supervisor Meegan stated that businesses the town currently picks up from will be provided one tote and the town will pick up a maximum of three totes per business. Some businesses may want to get rid of their dumpster if the town will pick up three totes and this could be a positive thing since dumpsters attract rodents.
Councilman Rusinski encouraged residents to recycle because the town pays by tonnage for garbage dumped in the landfills. He further stated that recyclables do not have to be separated and noted it is important to keep the lids closed on the totes to keep rain out.
Mrs. Leising questioned if residents can write their address on the totes.
Supervisor Meegan responded that residents can write their house number on the totes. She further noted the totes cannot be taken with if a resident moves; however, any extra totes purchased are their property and can be taken.
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28-B HELD OVER PUBLIC HEARINGS
2. (continued)
Mr. Martin stated the totes have a serial number that will be scanned to each house, so if a tote is found they will know who it belongs to.
Dave Monolopolus questioned how residents will get rid of old garbage cans.
Supervisor Meegan stated old garbage cans can be put at the curb and they will be picked up. The only time a resident’s personal garbage can will be left on their property is if it is being used for grass clippings, branches, etc.
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to close the public hearing.
Ayes: All Noes: None Motion Carried
28-C LEGAL ITEMS
1. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2447 CLINTON STREET, BEING PART OF LOT NO. 1, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR PERMISSION FOR AUTOMOTIVE REPAIR” in the Town of West Seneca, received and filed. (Joseph Gatta)
PRESENTATION TO COUNCILMAN JOHN RUSINSKI
Assemblyman Michael Kearns presented Councilman John Rusinski with a proclamation honoring him for 34 years of public service including volunteer fireman, flight medic, certified paramedic, and
Councilman Rusinski thanked Assemblyman Kearns, board members, department heads, town employees and residents and stated the decisions he made were consistent with his deep seated principles and moral foundation. He encouraged Councilman-elect Hanley to do the same and wished him the best of luck in his term.
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28-D COMMUNICATIONS
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1. Supervisor Meegan re Bid date for recycling contract |
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to set a bid date of Monday, January 13, 2014 at 10:00 A.M. for receipt of bids on the recycling contract. On the question, Supervisor Meegan noted the recycling totes will not be in use until February 3rd. Ayes: All Noes: None Motion Carried |
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2. Supervisor Meegan re Retirement of Daniel Rath |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Daniel Rath and terminate him as laborer in the Highway Department effective December 10, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, board members thanked Mr. Rath for his service to the town and wished him the best in his retirement. Ayes: All Noes: None Motion Carried |
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3. Supervisor Meegan re Retirement of Kathleen Hauger |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Kathleen Hauger and terminate her as Senior Clerk Typist effective January 10, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, board members wished Mrs. Hauger a long and happy retirement and commented on the fantastic job she did for the town, noting she served under three supervisors and her base of knowledge will be missed.
Ayes: All Noes: None Motion Carried
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4. Highway Supt. re Appointment of Julie McCormick as part-time seasonal Highway Maintenance Clerk |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Julie McCormick as part-time seasonal Highway Maintenance Clerk at a rate of $11 per hour effective January 2, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
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28-D COMMUNICATIONS
3. (continued)
On the question, Councilman Hart questioned if this appointment was in anticipation of another retirement.
Highway Supt. Matthew English stated that Highway Maintenance Clerk Anne Rappold will be retiring February 28th and Julie McCormick is #1 on the civil service list for that position.
Ayes: All Noes: None Motion Carried
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5. Highway Supt. re Termination of part-time Bldgs. & Grounds laborers |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Andrew Balys, John Radder and Thomas Yochum as part-time laborers in the Buildings & Grounds Department effective December 13, 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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6. Highway Supt. re Appointment of part-time laborers at Ice Rink |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Matthew Amoia as part-time laborer in the Recreation Department and appoint Matthew Amoia and Kevin O’Shaughnessy as part-time laborers in the Buildings & Grounds Department to work at the Ice Rink effective December 30, 2013 at a rate of $9 per hour 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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7. Chief Denz re Status change for part-time Public Safety Dispatcher J. McCullough to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to change the status of part-time Public Safety Dispatcher James McCullough to part-time seasonal effective January 1 - 31, 2014 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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28-D COMMUNICATIONS
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8. Town Clerk re Status change for part-time clerks L. Fischione & M. Pomana |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerks Laurine Fischione and Margaret Pomana to part-time seasonal effective January 6 - March 28, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hart questioned the reason for the seasonal status.
Town Clerk
Ayes: All Noes: None Motion Carried
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9. Finance Director re Budgetary transfer requests |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the attached list of budgetary transfers for the Finance Department. |
On the question, Councilman Hart questioned why the line items were over expended.
Finance Director
Supervisor Meegan noted they have closed out a number of outstanding worker’s compensation cases, which reduces the burden on the town going forward.
Ms. Landers stated there will be a year end transfer of about $237,000 forthcoming for the Highway Department relative to settlement of claims for worker’s compensation. Unfortunately there is no reserve fund for insurance claims in the Highway Department, but she recommended this be instituted in the future.
Councilman Hart stated that the general fund can give money to the highway fund but questioned if a highway reserve fund could be created.
Ms. Landers stated that a highway reserve fund could be established with money transferred from the general fund, but money cannot be transferred from the highway reserve fund to the general fund.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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28-D COMMUNICATIONS
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10. Supervisor Meegan re Extension of National Fish & Wildlife Foundation grant |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to extend and mentor the oxbow field club, approve the extension of the project coordinator’s position, Robin Drake of Buffalo Niagara Riverkeeper at a cost not to exceed $2500, and reimburse project manager Evelyn Hicks in the amount of $4680 for performing duties associated with the project manager’s position. |
On the question, Councilman Hart questioned if grant money is available to cover this.
Supervisor Meegan responded that grant money is available for this and a statement of work and services has been filed.
Ayes: All Noes: None Motion Carried
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11. Supervisor Meegan re Agreement with Crown Enterprises |
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to enter into the attached agreement with Crown Enterprises for use of property at |
On the question, Councilman Hart questioned if there is an extra cost for naming Crown Enterprises as an additional insured.
Town Attorney Shawn Martin stated that generally there are no extra costs. The agreement is the same as when the town allows someone to use town property. It is a benefit to the town to use Crown Enterprises’ property free of charge, so this agreement protects them.
Supervisor Meegan stated that Crown Enterprises was very kind to allow the town use of their property. They are located in the center of town and are very accessible. This is a huge savings to the town and the hold harmless agreement will keep everyone safe.
Ayes: All Noes: None Motion Carried
*APPENDICES*
28-E APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
General Fund - $270,419.96; Highway Fund - $133,395.79; Special Districts - $25,062.73; Capital Fund - $ 201,240.15 (voucher #’s 81616-82011); Trust & Agency Fund - $29,276.59 (voucher #’s 81941-81993)
Ayes: All Noes: None Motion Carried
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ISSUES OF THE PUBLIC
REQUEST FOR EVENING WORK SESSIONS
Karen Lucachik commented on the good things that happened this past year (i.e. removal of Town Hall steps, new elevator & entrance, police expansion). She further commented that afternoon work sessions exclude people that would like to attend and suggested the board members consider 6 P.M. work sessions instead.
Supervisor Meegan stated she had considered moving the work sessions to 5 P.M. and noted they sometimes last 2.5 hours so they could interfere with a 7 P.M. Town Board meeting.
REQUEST FOR MORE DETAILED MINUTES
Karen Lucachik commented that the minutes are not as complete as they have been in the past and much conversation that is taking place in public is not in the minutes. She thought important information has been overlooked.
Town Clerk
Mrs. Lucachik responded that she would get back to her with specifics.
Councilman Hart noted that minutes of the meetings are available on audio tape if anyone is interested in hearing the entire conversations.
COMMENTS ON YES PROGRAM AND SUMMER DAY CAMP
Karen Lucachik did not agree with the YES program and summer day camp and suggested the board members reevaluate them. She thought the YES program had no substance and objected to taking care of the children of people that work, noting that many people would have worked but couldn’t because they didn’t have day care. Mrs. Lucachik did not believe it was the town’s duty to run a day care so that parents can work.
Councilman Hart responded that the YES program is still being evaluated and will either be merged into the Recreation Department or eliminated. The summer day camp has not been established yet and is still being researched. He expected to have an answer by February or March.
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ISSUES OF THE PUBLIC
COMMENTS ON YES PROGRAM AND SUMMER DAY CAMP (continued)
Councilman Rusinski stated he had spoken with Recreation Director Craig Kroll about getting the Recreation Commission up and running so they can assess the summer day camp proposal and offer their recommendation. He commented on the possible cost savings of the summer day camp program at $25,000 over the current recreation program at $75,000.
Mrs. Lucachik commented that the people who need it the most probably cannot pay $100 per week and it will not take care of every child through the entire summer.
NOISE ISSUE
Corrie Goller stated she lives on
Chief Denz stated he will talk to Ms. Goller after the meeting and see what his department can do to improve the situation.
HIGHWAY RESERVE FUND
Beverly Leising expressed concern about transferring money into the Highway Reserve Fund from the General Fund and cautioned that not too much is transferred or accumulated because it cannot be transferred back.
Finance Director
BASIC STAR FILING
Beverly Leising questioned how many town residents still had not filed for their basic STAR exemption and if calls are being made.
Supervisor Meegan responded that the current number is 612 that have not filed and only one resident showed up at the senior center when the Assessor’s office was present to offer assistance. Robo calls are being made by
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ISSUES OF THE PUBLIC
PARTICIPATION OF COUNCILMAN RUSINSKI AT FUTURE MEETINGS
Beverly Leising thanked Councilman Rusinski for serving on the Town Board and suggested he now participate in the meetings in the audience and share his knowledge.
Councilman Rusinski understood he was precluded from attending meetings for the first 12 months under the ethics clause, but stated he will remain active in the community.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
UPDATE ON VACANT PROPERTIES
Supervisor Meegan stated that some of the homes on the vacant property list have recently been sold and the town has been working with Senator Gallivan’s office for an opportunity to turn some of the homes for veterans. She further stated the Attorney General’s office has prepared a flyer with information on how to avoid foreclosure. It will be available in the code enforcement office and posted on the town’s website. Supervisor Meegan commented on the conversations the town has been having with the banks and stated they are now working with the town and willing to cooperate with the public for purchasing.
Code Enforcement Officer Jeffrey Baksa stated when his department sends letters on property maintenance issues they often get phone calls from property owners stating they don’t have the funds to fix the problem. His office has been referring people to
POLICE DEPARTMENT REPORT FOR 2013
Chief Denz commented on changes in the Police Department in 2013 with the retirement of former Chief Gehen, noting the former Chief turned over a very good department and he is going to strive to make it even better and the best in
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
TERMINATION OF CURRENT RECYCLING CONTRACT
Town Attorney Shawn Martin stated he had conversations with the current recycling vendor and their contract needs to be terminated with a suggested date of January 31st. They realize that totes are the way municipalities are going, but they are not willing or able to make the capital investment for the six months remaining on their contract. They will be eligible to bid on the new proposal which will be a long term contract.
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate the recycling contract with Allied effective January 31, 2014.
On the question, Councilman Rusinski questioned if there is a fine for early termination of the contract and Mr. Martin advised there is no penalty for early termination.
Councilman Hart questioned if Allied bids on the new recycling contract whether they will be able to begin using the new totes immediately.
Mr. Martin responded that one of the requirements of bidding is that they are able to perform the work and it is easier to make a capital investment in the equipment with a five year contract than it is with a six month contract.
Ayes: All Noes: None Motion Carried
MORTGAGE TAX PAYMENT RECEIVED
Finance Director
RECREATION DEPARTMENT UPDATES
Recreation employee Lauren Masset stated they have been discussing how to reform the Recreation Commission and they are trying to get independent individuals to serve. They are also still waiting to hear from the Health Department concerning the proposed summer day camp.
SENIOR CITIZENS CENTER EVENTS
Senior Citizens Director
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
DRAINAGE ISSUES NEAR HIDDEN HOLLOW
Councilman Rusinski stated he had received a number of calls on drainage issues caused by melting snow and commented on a situation at the Hidden Hollow area near the gas company. There is a substantial problem with a 5’ drainage tile and an 8’ sink hole and he asked that the problem be referred to the Engineering Department. Supervisor Meegan stated the Highway Department is aware of the situation and has looked at it.
DEPARTURE OF COUNCILMAN RUSINSKI
Board members and department heads offered their best wishes to Councilman Rusinski as he leaves office. Chief Denz thanked him for his knowledge with emergency services and the opportunities offered to the Police Department through his contacts inside and outside the town. Councilman Hart stated he did not believe the town was finished with John Rusinski and thought they would be calling on his services once again in the future. He further commented on the difficulty of the job and wished Councilman-elect Hanley the best of luck. Supervisor Meegan stated it was an honor and privilege to work with Councilman Rusinski, noting he came into office with a number of great ideas and they were able to implement many of them.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 8:10 P.M. to discuss a personnel issue with Chief Denz.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 8:20 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:20 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK