Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
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 Asst. Police Chief Michael Boehringer.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
William P. Hanley Jr. 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 Helen Slebioda.
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2014-11 of June 16, 2014.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2014-12 of June 30, 2014.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the July 8, 2014 bid opening for Stephenson Street Reconstruction.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the July 8, 2014 bid opening for Beechwood Road & Hilltop Court Reconstruction.
Ayes: All Noes: None Motion Carried
13-B HELD OVER PUBLIC HEARINGS
1. Re: “A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING & SPECIAL PERMIT FOR PROPERTY LOCATED AT 4592 SENECA STREET, BEING PART OF LOT NO. 223, CHANGING ITS CLASSIFICATION FROM R-75 TO R-50(S), FOR A 26 BUILDING, 52 UNIT DUPLEX TOWNHOME COMPLEX” in the Town of West Seneca, be received and filed.
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page two . . .
13-B HELD OVER PUBLIC HEARING
1. (continued)
Andrew Terragnoli stated some review agencies had not yet provided their comments on the project, including Erie County Water Authority approval, and he asked for conditional approval of the rezoning and special permit.
Attorney for the Town Charles Grieco stated approval from Erie County Water Authority is required and they could hold the vote until it is received, but if there are no concerns they could proceed.
Code Enforcement Officer John Gullo stated there are no water pressure issues in that area, and if there was an issue it would be the responsibility of the developer.
No comments were received from the public.
Motion by Supervisor Meegan, seconded by Councilman Hart, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution:
WHEREAS, the Town Board of the Town of West Seneca, as the lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, has reviewed Part I of the Short Environmental Assessment Form (“EAF”) prepared by the applicant in connection with the proposed rezoning of the property located at 4592 Seneca Street in the Town of West Seneca ("subject property") from R-75 to R-50 for the purpose of allowing the applicant to develop a 26-building, 52 unit duplex housing complex (the "project"), has reviewed the draft completed Part II of the EAF analyzing the potential for the project to result in any significant adverse environmental impacts, and has otherwise taken a hard look at the potential environmental impacts utilizing the criteria specified in 6 NYCRR 617.7(c); and
WHEREAS, upon such review, the Town Board has not identified any potentially significant adverse environmental impacts associated with the project, has determined that no Environmental Impact Statement is necessary and that a Negative Declaration is therefore appropriate; and
WHEREAS, the Town Board further finds that the rezoning of the subject property to allow for the development of the project is appropriate for the location and will not adversely affect surrounding properties;
THEREFORE, BE IT RESOLVED THAT the Town Board does hereby adopt a Negative Declaration with respect to the project pursuant to 6 NYCRR 617.7(a); and
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page three . . .
13-B HELD OVER PUBLIC HEARING
1. (continued)
BE IT FURTHER RESOLVED THAT the Town Board hereby adopts Local Law No. 7 of 2014 changing the zoning classification of the subject property from R-75 to R-50; and
BE IT FURTHER RESOLVED THAT the Town Board hereby grants a special permit for the project pursuant to Section 120-16(a)(2) of the Town Code.
Ayes: All Noes: None Motion Carried
*APPENDICES*
13-C TABLED ITEMS
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1. Highway Supt. re Policy change for Town |
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Remained on the table. |
13-D COMMUNICATIONS
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1. Supervisor Meegan re Status change for part-time Clerk Typist M. Martinez to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Clerk Typist Marleah Martinez to part-time seasonal effective July 15 – December 15, 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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2. Supervisor Meegan re STOP –DWI Contract 2014-2016 |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to sign the attached STOP-DWI Contract 2014-2016 between the County of Erie and the Town of West Seneca, noting this is a renewal agreement replacing one that expired in December 2013 and will run for a three year term of January 1, 2014 through December 31, 2016. |
On the question, Supervisor Meegan noted revenues received from the STOP-DWI contract last year were $43,219.25.
Ayes: All Noes: None Motion Carried
*APPENDICES*
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page four . . .
13-D COMMUNICATIONS
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3. Town Engineer re Bid award for Stephenson St. Road Reconstruction |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to award the bid for the Stephenson Street Road Reconstruction Project to Nova Site Company, 6 Lena Court, West Seneca at their low base bid amount of $599,795. Ayes: All Noes: None Motion Carried |
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4. Town Engineer re Bid award for Hilltop Court & Beechwood Drive Road Reconstruction |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to award the bid for the Beechwood Drive and Hilltop Court Road Reconstruction Project to Visone Construction Inc., 79 Sheldon Road, Depew at their low base bid amount of $1,279,025.64. Ayes: All Noes: None Motion Carried |
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5. Chief Denz re Title Change for Timothy J Pratt and Sean M Donohue as Detectives |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Timothy J Pratt and Sean M Donohue as Detectives effective July 15, 2014 at an annual salary of $81,656.10 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting this is a non-competitive position and is considered a temporary appointment from their current status of Police Officer. Ayes: All Noes: None Motion Carried |
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6. Town Clerk re Purchase requiring Town Board approval |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the purchase of a ScanPro 3000 microfilm scanner for the Police Department from Biel’s Information Technology Services at the NYS contract price of $11,045 noting excess grant funds from the 2013 – 2014 Local Records Management Improvement Fund Grant awarded to the Town of West Seneca have been re-designated and approved for this purchase. |
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On the question, Councilman Hart questioned what the machine does.
Asst. Chief Michael Boehringer stated the machine allows use of a computer to read microfiche of past records and will replace the current reader that they are no longer able to get parts for.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page five . . .
13-D COMMUNICATIONS
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7. Code Enforcement Officer re Rezoning request for Queens Landing Subdivision |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to refer the rezoning request from R-65 to R-65A for Queens Landing Subdivision off Abbott Road to the Planning Board for recommendation. |
On the question, Councilman Hart questioned how many buildings are planned for the project.
Code Enforcement Officer John Gullo stated the number of lots will remain at 75 as previously approved; however, the rezoning will allow for two-family homes to be built which the developer believes are more marketable.
Ayes: All Noes: None Motion Carried
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8. Town Justices re Budgetary amendment request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to increase revenue account #1.0001.3021.3333 and increase expense account #1.1110.0200.3333 in the amount of $7,895 each, noting the source of funding for this request is grant money awarded to the Town Justice Court office from the NYS Justice Court Assistance Program. Ayes: All Noes: None Motion Carried |
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9. Recreation Director re Appointment of Roxanna Herreid as seasonal Recreation Attendant |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Roxanna Herreid as part-time seasonal Recreation Attendant effective July 7 – September 12, 2014 at rate of $8.00/HR and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
13-E REPORTS
· Jacqueline A. Felser, Town Clerk’s report for June 2014 and Receiver of Taxes’ report for Return of Tax Collection received and filed.
· John A. Gullo, Code Enforcement Officer’s report and plumbing report for June 2014 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page six . . .
13-F 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 - $126,618.52; Highway Fund - $117,277.24; Special Districts - $2,570.06; (voucher #); Trust & Agency Fund - $36,134.40 (voucher #84917 - 84994)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
CAMELOT SQUARE DEVELOPMENT
Eric Paul stated he resides on the east side of Hemlock Drive abutting the Camelot Square subdivision development and has been in constant contact with the town concerning a large dirt pile placed behind his property that has caused ground water runoff to fill his back yard and pool with mud. He spoke with Code Enforcement Officer John Gullo and Engineering Department employees Ron Pfeil and David Johnson and they all agree there are issues with the dirt pile; however, the contractor is claiming he did not cause the problem. Mr. Paul asked for a 120 day moratorium on the development of Camelot Square Phase III until violations of the stormwater permit are not causing negative damage to adjacent properties.
Supervisor Meegan stated the board members will discuss this issue with Attorney for the Town Charles Grieco and have a response within 10 business days.
STATUS OF CHILDREN’S PSYCHIATRIC CENTER
Beverly Leising questioned the status of the Children’s Psychiatric Center.
Councilman Hart responded that the Town Board sent a resolution of support for keeping the facility open to the NYS Senate, NYS Assembly and Governor Cuomo’s office and it will remain open for another year for further study.
Supervisor Meegan explained the bills that were proposed by Senator Gallivan to address the Children’s Psychiatric Center and the sex offenders that were housed in group homes on Leydecker Road.
Mrs. Leising commented on the empty buildings on the state school property and hoped that President Obama would not convince Governor Cuomo to move some of the illegal children into the empty buildings.
Supervisor Meegan did not believe this site was being looked at by Border Patrol.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page seven . . .
ISSUES OF THE PUBLIC
STATUS OF CHILDREN’S PSYCHIATRIC CENTER (continued)
Amy Carpenter understood that the DEC wanted to preserve the land behind the psychiatric center in its natural state and she questioned if this was approved.
Supervisor Meegan responded that this proposal is in the senate but has not been approved. Modifications were made because the acreage was expanded. Supervisor Meegan suggested Mrs. Carpenter contact Evelyn Hicks, Chairperson of the West Seneca Environmental Commission for information on this issue.
CARRIAGE PARK PLAYGROUND
Beverly Leising commented on the condition of the playground in Carriage Park, noting the swings need to be painted and the chains looked at. There are also no tables or benches.
Highway Supt. Matthew English responded he will look into the issue, noting there used to be benches in the playground but they were vandalized.
FORMER COUNCILMAN ADDRESSES ACCUSATIONS
Dale Clarke commented on accusations made by Councilman Hanley at a previous meeting that Mr. Clarke removed Paula VanRemmen from her bingo inspector job and Tim Elling from his position as civil officer. He referred to the 2012 Organization Meeting minutes when these actions took place and noted he was not on the Town Board at that time.
STATUS OF FEASIBILITY STUDY
Amy Carpenter questioned the status of the feasibility study.
Supervisor Meegan responded that the town is in discussion with the developer and the study will be made public when all their questions are answered.
LIGHTING AT BALL DIAMONDS
Amy Carpenter questioned how lights at the baseball diamonds are turned off at night.
Supervisor Meegan responded that the playground is staffed until 10 P.M. when the restrooms are locked and lights turned off.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page eight . . .
ISSUES OF THE PUBLIC
ELECTRICAL INSPECTOR POSITION
Steve Lomison commented on the proposal presented by Code Enforcement Officer John Gullo to hire a part-time electrical inspector and asked that he and Frank Boncore be hired in the interim.
Code Enforcement Officer John Gullo preferred to keep the situation the same until January 2015 but encouraged Mr. Lomison and Mr. Boncore to apply for the part-time job. He further explained the hiring process and stated interviews will be conducted in December by himself and another person from his department, one member of the Town Board, one member of the Ethics Committee and someone from the electrical union.
Karen Lucachik commented that when she had an addition put on her house a company did the electrical inspection, not a town employee.
Mr. Gullo stated that the process will run better with a part-time electrical inspector and it will be additional revenue for the town. The town gets nothing from third party electrical inspectors and they are not licensed with the town.
AMERICORPS PAYMENT
Karen Lucachik questioned if the AmeriCorps payment was received for July and Supervisor Meegan responded that it was.
PORTER SERVICE FOR GARBAGE TOTES
Johanna Guenther asked Attorney for the Town Charles Grieco if Highway Supt. Matthew English gave him a rough draft of the porter service proposal and Mr. Grieco responded he did not.
INDUSTRIAL PARK REVIEW COMMITTEE
Susan Kims questioned if Code Enforcement Officer John Gullo’s proposal for elimination of the Industrial Park Review Committee will be addressed at this meeting.
Attorney for the Town Charles Grieco responded there will be a public hearing on this issue and it will require adoption of a local law to amend the Town Code.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page nine . . .
ISSUES OF THE PUBLIC
CONTACT INFORMATION FOR PLANNING BOARD MEMBERS
Susan Kims commented that there is still no contact information on the town website for the Planning Board members.
Supervisor Meegan stated anyone wishing to communicate with the Planning Board or Zoning Board members should contact Marleah Martinez in the Town Attorney’s office and she will forward the information to the members.
Mrs. Kims stated she also had some questions on the Planning Board minutes and Supervisor Meegan responded that the board members are addressing that situation.
QUASAR OPERATION
Susan Kims referred to the moratorium concerning the Quasar operation and questioned if the town is keeping track of their recent activities. Specifically, they were low bidder to receive biosolids from the Town of Tonawanda and they are modifying their permits with the DEC.
Attorney for the Town Charles Grieco was not aware of anything Quasar was doing that violated the moratorium and noted they can continue to operate within their existing parameters. The permit they need to modify is from the DEC and the town does not have jurisdiction over that.
COMPREHENSIVE STRATEGIC PLAN
Susan Kims referred to payment of $50,000 from the GIS fund for the Comprehensive Strategic Plan and questioned what GIS stood for.
Supervisor Meegan responded that GIS stands for Geographic Information System.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
RECREATION PROGRAM UPDATES
Recreation Director Craig Kroll stated the Movie in the Park this Friday will be “Frozen” and start at 8:30 P.M. This is free to the public and concessions will be open and run by the volunteer YES program.
Mr. Kroll further stated Summer Day Camp is going well and they have 69 campers this week. Parents have asked that it be extended; however, the ice rink is unavailable because they start to prepare the ice for the skating season.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-13
West Seneca, NY 14224 July 14, 2014
Page ten . . .
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 7:45 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK