Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-21
West Seneca, NY 14224 November 3, 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 Councilman Hanley.
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 James Hearn.
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§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the October 20, 2014 meeting on the 2015 Special Districts & Preliminary Budget.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2014-20 of October 20, 2014.
Ayes: All Noes: None Motion Carried
21-B HELD OVER PUBLIC HEARING
1. Re: “A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2014-13 TO ADD A NEW CHAPTER 60 – DEVELOPMENT PLAN REVIEW FEES, TO THE TOWN CODE” in the Town of West Seneca.
Motion by Supervisor Meegan, seconded by Councilman Hart, to remove the public hearing from the table.
Ayes: All Noes: None Motion Carried
Councilman Hart stated that major developments in town cost over and above the contracted services for attorneys, financial consultants, etc. The proposed local law will allow the town to assess these additional costs and fees to the developer. Councilman Hart commented that the Seneca Place proposal is costing a significant amount for studies, etc. and this local law will protect taxpayers from future costs.
No comments were received from the public.
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West Seneca, NY 14224 November 3, 2014
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21-B HELD OVER PUBLIC HEARING
1. (continued)
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 Local Law 2014-13 adding a new Chapter 60 – Development Plan Review Fees to the Town Code, as amended with the inclusion of §60-6(c) “Nothing in this local law shall prohibit the negotiation of alternative fee agreements with any consultant or expert containing different terms than those contained herein, including without limitation, the timing and amount of payment, whether such different terms are between the consultant or expert and the town or the consultant or expert and the applicant. In the event that such alternative agreement is entered into, the terms of this local law shall not apply.”
Ayes: All Noes: None Motion Carried
*APPENDICES*
21-C LEGAL ITEMS
1. Motion by Supervisor Meegan, seconded by Councilman Hanley, 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 2600 SENECA STREET, BEING PART OF LOT NO. 33, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR AUTOMOTIVE SALES” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hanley, to open the public hearing.
Ayes: All Noes: None Motion Carried
Abdulhafed Khulaqi stated his proposal to sell a maximum of seven vehicles at his business located at 2600 Seneca Street.
Code Enforcement Officer Jeffrey Schieber stated Mr. Khulaqi has met the requirements of the Planning Board. There will be seven vehicles for sale, but additional vehicles will be on site for employee parking and those in for repair. The Town Code restricts vehicles in for repair to be stored inside.
No comments were received from the public.
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West Seneca, NY 14224 November 3, 2014
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21-C LEGALS
1. (continued)
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 SEQRA resolution determination for property located at 2600 Seneca Street and grant a special permit for a maximum of seven vehicles for sale on site, conditioned upon the Planning Board recommendation of seven parking spaces fronting on Seneca Street, three parking spaces on Kirkwood Drive near the corner of Seneca Street and an additional three parking spaces at the rear of the property to the northwest of the building:
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 special permit authorizing automotive sales at the property located at 2600 Seneca Street in the Town of West Seneca ("Subject Property"), 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 proposed use of the Subject Property, has determined that no Environmental Impact Statement is necessary and that a Negative Declaration is therefore appropriate; and
WHEREAS, pursuant to Section 120-23(A) of the Town Code, the Town Board further finds that granting a special permit authorizing the use of the Subject Property to allow for automotive sales is appropriate for the location and will not adversely affect surrounding properties; now, therefore, be it
RESOLVED, that pursuant to 6 NYCRR 617.7(a), the Town Board does hereby adopt a Negative Declaration, as set forth in Part III of the EAF, expressly incorporated herein, with respect to the Project; and be it further
RESOLVED, that the Town Board hereby grants a Special Permit for the Project pursuant to Sections 120-20(A)(8)(c) and 120-23 of the Town Code.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 November 3, 2014
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21-C LEGALS
2. Motion by Supervisor Meegan, seconded by Councilman Hart, 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 3470 TRANSIT ROAD, BEING PART OF LOT NO. 343, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR COLLISION REPAIR/VEHICLE DISASSEMBLY” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
Ayes: All Noes: None Motion Carried
Ken Zollitsch of Greenman Pedersen Engineers represented the owners of Northeast Collision located adjacent to 3470 Transit Road. The building was previously an auto parts store and Northeast Collision is proposing to use it for vehicle disassembly to help eliminate backup in their current shop. An overhead garage door will be added on the north side of the building facing Northeast Collision. Vehicles will be brought inside, disassembled to determine what is needed to repair and an estimate calculated. They will try to keep disassembled vehicles stored inside while waiting for parts.
Councilman Hanley expressed concern about fluids leaking from the vehicles and questioned where they are stored when they are towed in.
John Fisher of Northeast Collision state the vehicles currently sit outside, but they will be using the building to solve that problem. Any spills/leakage is absorbed with speedy dry.
Susan Kims questioned the time limit for vehicles waiting for parts sitting outside. She further questioned if there will be smoke alarms or sprinklers in the building.
Mr. Fisher responded the vehicles currently sit outside waiting, but now will be brought inside.
Code Enforcement Officer Jeffrey Schieber stated alarms and sprinklers will have to be installed if required by NYS Fire Code.
Motion by Councilman Hart, seconded by Supervisor Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following SEQRA resolution determination for property located at 3470 Transit Road and grant a special permit for collision repair/vehicle disassembly, conditioned upon no exterior storage of dismantled or unlicensed vehicles:
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-21
West Seneca, NY 14224 November 3, 2014
Page five . . .
21-C LEGALS
2. (continued)
WHEREAS, the Town Board of the Town of West Seneca has received a request for a Special Permit authorizing the indoor storage and disassembly of automobiles awaiting repair at property located at 3470 Transit Road in the Town of West Seneca (“Project”); and
WHEREAS, the Town Board has determined that the Project constitutes a Type II action exempt from review pursuant to the State Environmental Quality Review Act due to the fact that the Project involves no significant physical alteration of the subject property; and
WHEREAS, pursuant to Section 120-23(A) of the Town Code, the Town Board further finds that the granting of a special permit authorizing the permitted use of the Subject Property is an appropriate use of the Subject Property and will not adversely affect surrounding properties; now, therefore, be it
RESOLVED, that the Town Board hereby grants a Special Permit for the Project pursuant to Sections 120-20(A)(8)(c) and 120-23 of the Town Code.
Ayes: All Noes: None Motion Carried
21-D COMMUNICATIONS
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1. Supervisor Meegan re Resolution in support of Niagara Military Affairs council |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution in support of the Niagara Military Affairs Council. Ayes: All Noes: None Motion Carried *APPENDICES* |
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2. Town Engineer re Bid award for Restroom Accessibility Renovations Project |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to award the bid for the Restroom Accessibility Renovations Project to Caysea Contracting Corp., 65 Allendale Road, West Seneca, NY 14224 at their low base bid amount of $127,800 inclusive of $25,000 in allowance. |
On the question, Councilman Hart noted this is for ADA compliant restrooms at the senior center and Town Hall and he questioned if the town is receiving Community Development Block Grant (CDBG) money for this project.
Supervisor Meegan responded CDBG funds will pay $100,000 to $125,000 of the cost.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 November 3, 2014
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21-D COMMUNICATIONS
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3. Town Engineer re Senior Center Parking Lot Improvements Project, change order #1 |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve change order #1 in the amount of $12,988.50 for Northeast Diversification Inc., 2 Cadby Industrial Park, Lancaster, NY 14086 to ensure pavement is sealed for longevity and properly striped for the facility’s use, noting that funding for the additional work will be reimbursed to the town via the Community Development Block Grant (CDBG). Ayes: All Noes: None Motion Carried |
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4. Chief Denz re Resignation of Joshua Scanlon as Police Officer |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the resignation of Joshua Scanlon and terminate him as Police Officer effective October 3, 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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5. Chief Denz re Status change for part-time Public Safety Dispatcher J. Pingitore to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Public Safety Dispatcher John Pingitore to part-time seasonal effective November 1 - 30, 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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6. Attorney for the Town re Settlement with City of Rochester |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, upon receipt of a satisfactory release, to authorize payment of $50,000 to the City of Rochester (“City”) to fully resolve the City’s claim for reimbursement for Officer Joseph Reidy’s training pursuant to General Municipal Law 72-c. |
On the question, Supervisor Meegan stated the Town of West Seneca hired a police officer off a civil service list and the officer was employed by the City of Rochester. According to a new rule, if an officer transfers within three years of his training the new employer must pay for his training. The town did not believe they owed this money because the officer took a civil service test with Erie County and they chose him from that list. An agreement was reached with the City of Rochester and they are sharing the cost of the officer’s training.
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West Seneca, NY 14224 November 3, 2014
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21-D COMMUNICATIONS
6. (continued)
Chief Denz stated the Erie County Civil Service Commissioner and NYS Chiefs of Police Association had advised that what the town did was proper; however, litigation costs would have been in excess of the settlement.
Councilman Hart noted the request from the City of Rochester was significantly higher than the settlement agreed upon.
Ayes: All Noes: None Motion Carried
21-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 - $2,819,860.62; Highway Fund - $866,536.15; Special Districts - $105,726.56 (voucher #’s 85955 - 86498); Trust & Agency Fund - $30,158.58 (voucher #’s 86513 - 86526)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
WORK SESSION
Amy Carpenter asked for highlights from the budget discussion that took place at the work session this date.
Councilman Hart responded each department head was asked to justify certain budget requests and some significant changes were made. The original proposed tax increase is being reduced approximately one percent from 4.4 percent to 3.4 percent and Finance Director Luke Malecki will be providing a new summary outlining the changes.
Supervisor Meegan stated future budgets will be read publically line by line and residents will be able to watch the process.
Councilman Hanley stated overtime line items will also be added to the budget.
Mrs. Carpenter commented previous budgets provided year-to-date figures and suggested it would be helpful if this information was included in the 2015 proposed budget.
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West Seneca, NY 14224 November 3, 2014
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ISSUES OF THE PUBLIC
RECREATION DIRECTOR
Amy Carpenter questioned if the town had a plan for the Recreation Director position and if it will remain a part-time position.
Susan Kims also referred to the work session and a discussion regarding increasing the part-time Recreation Director salary from $35,000 to $45,000.
Supervisor Meegan responded they have completed interviews for the position. Once all decisions have been made, a package will be put together prior to making any offers.
Councilman Hart stated they will be meeting with the attorneys on Thursday regarding this issue and the final decision will be addressed at the next Town Board meeting.
ROUTE 400 RAMP
Amy Carpenter commented on the visible garbage and debris around the entrance ramp to Route 400. She questioned who should be contacted for cleanup of the area.
Councilman Hart responded the New York State Department of Transportation (NYSDOT) is responsible for cleanup.
Mary Lou Dietrich also commented on the negative appearance when entering West Seneca from Route 400. She suggested town representatives contact NYSDOT to clean up the area, noting entrance ramps to the town should be maintained at all times.
YOUTH CENTER
Mary Lou Dietrich commented on her lifelong involvement in the community with various committees, organizations and the youth of our town and discussed results of a recent economic study showing a concentration of families facing hardship and in need of services in the west end of town. She felt her concern for establishing a youth center has been overlooked over the years and she commented that some children are unable to participate in sports due to transportation issues and lack of money. Mrs. Dietrich contacted the listing realtor for St. Bonaventure School along with town officials and numerous other interested individuals to look at the school property which is listed for $499,000. She further commented on the need for youth services and the great opportunity this property provides for a youth center. Mrs. Dietrich stated there is a lot of work involved and there are ways to pay for it, comparing it to the outpouring of support received with the establishment of the food pantry. She asked the Town Board to get the word out to residents before the property is gone or becomes an eyesore in an area of town that is in great need of services.
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West Seneca, NY 14224 November 3, 2014
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ISSUES OF THE PUBLIC
WORK SESSION - PROPOSED 2015 BUDGET
Karen Lucachik commented the website did not indicate the work session to discuss the proposed 2015 budget was open for the public to speak. She further requested the Town Board consider having work sessions in the evening.
Supervisor Meegan stated it was advertised and announced at the last Town Board meeting that the work session would be open to the public.
CORNER OF SLADE & RIDGE ROAD
Susan Kims commented on the paving and overall condition of the corner of Slade Avenue & Ridge Road.
Highway Supt. Matthew English responded these are not town roads, but he will contact Erie County Highway Department. Residents can also call their county legislator and state representatives to report road conditions.
SERVICES FOR SENIORS/PORTER SERVICE FOR TOTES
Johanna Guenther stated for 27 years she has been paying school taxes with no children in the school system. She voiced her concern that the town would invest $50 million dollars in a gym and not provide services for seniors in the community.
Councilman Hart responded the town has not made a $50 million commitment for anything.
Mrs. Guenther further spoke of the kind gesture of an employee of Modern Recycling who emptied her recycling tote and returned the container to her garage and referred to a previous suggestion to explore the idea of soliciting bids for services and compare current costs to the cost of hiring private companies.
PARKING ON ROYAL COACH ROAD
Joanne Czechowski referred to the last Town Board meeting when she reported a situation on Royal Coach Road involving commercial vehicles parking on the side of the road.
Chief Denz stated a police lieutenant informed the individual the next day not to park his commercial vehicles in this location. He suggested Mrs. Czechowski contact the Police Department if this problem reoccurs.
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West Seneca, NY 14224 November 3, 2014
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
WINTER PARKING BAN
Chief Denz reminded everyone the winter parking ban will be in effect beginning November 15th from 1 AM to 7 AM.
MEN’S HEALTH AWARENESS MONTH
Chief Denz announced police officers are growing beards and mustaches for the month of November in support of a fundraising event to bring awareness to men’s health, noting over $2,000 was raised and will be donated to local charities.
VETERANS DAY CELEBRATION/CEREMONY/RECOGINITION
Sr. Recreation Therapist of Sr. Services Mary Josefiak announced there will be a Veterans Day celebration at the senior citizens center on Monday, November 10th starting at noon. A wall of honor will be displayed for the month of November in recognition of local veterans.
Councilman Hart thanked all veterans for their service and announced a Veterans Day ceremony will take place on Tuesday, November 11th at 11:00 AM in Veterans Park.
Recreation Supervisor Lauren Masset thanked all veterans for their service and announced veterans can skate free at the ice rink on Tuesday, November 11th at noon.
Supervisor Meegan thanked all those who served and continue to serve our great country.
ENCHANTED PATH
Recreation Supervisor Lauren Masset reported the Enchanted Path was a huge success. She thanked Councilman Hanley for help with donations and Sr. Recreation Therapist of Sr. Services Mary Josefiak for her assistance with decorations and details.
Councilman Hanley commented on the success of the Enchanted Path, thanked individuals who donated and complimented Ms. Masset on a fantastic job.
PART-TIME RECREATION ATTENDANT
Recreation Supervisor Lauren Masset stated they are currently accepting applications for a part-time recreation attendant, noting information is available on the town website.
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West Seneca, NY 14224 November 3, 2014
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
OXBOW STATUS
Recreation Supervisor Lauren Masset discussed the oxbow property and the planting of 500 - 600 trees and bushes. Over 1,000 service hours have been logged by Canisius High School, West Senior and Erie Community College. She commented on the open air classroom and river keeper program and invited the board members to stop and visit the area.
BUDGET MEETING
Supervisor Meegan announced a meeting to approve the budget is scheduled at Town Hall on Monday, November 10th at 3:00 PM.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 7:55 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK