Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-22
West Seneca, NY 14224 November 9, 2015
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 led by Town Clerk Jacqueline Felser.
ROLL CALL: Present - Sheila M. Meegan Supervisor
William P. Hanley, Jr. Councilman
Absent - None
Supervisor Meegan read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
22-A MINUTES TO BE APPROVED
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the October 26, 2015 meeting on the 2016 Special Districts & Preliminary Budget.
Ayes: All Noes: None Motion Carried
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2015-21 of October 26, 2015.
Ayes: All Noes: None Motion Carried
22-B HELD OVER PUBLIC HEARING
RE: “A PUBLIC HEARING TO CONSIDER THE SPECIAL DISTRICTS BUDGET FOR FISCAL YEAR 2016 UPON WHICH THE COST OF MAINTENANCE AND DEBT SERVICE THEREOF IS APPORTIONED AND ASSESSED IN PROPORTION TO THE AMOUNT OF BENEFIT CONFERRED AND THE PRELIMINARY BUDGET OF THE TOWN OF WEST SENECA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016” in the Town of West Seneca.
Motion by Supervisor Meegan, seconded by Councilman Hart, that the Town Board of the Town of West Seneca adopts the special assessments indicated on the attached Letter of Authorization as part of the 2016 Town of West Seneca budget.
Ayes: All Noes: None Motion Carried
*APPENDICES*
Motion by Supervisor Meegan, seconded by Councilman Hart, that the Town Board does hereby adopt the Town of West Seneca 2016 Benefit Basis budgets, which includes various special district funds, as previously filed by the Town Supervisor and known as the “preliminary” 2016 Benefit Basis Budget with amendments as contained on the attached pages.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 November 9, 2015
Page two . . .
22-B HELD OVER PUBLIC HEARING
On the question, Councilman Hanley commented on the worker’s compensation rates, highway overtime, and sewer department merger that was not achieved and stated he will be voting against the budget.
Councilman Hart supported the budget and commented on the mandates they face along with contract obligations and other things they have to plan for. He felt it was essential they approve the budget.
Supervisor Meegan stated worker’s compensation rates, utilities and insurance renewals will be addressed in 2016 for cost savings.
Ayes: (2) Supervisor Meegan, Councilman Hart Noes: (1) Councilman Hanley
Motion Carried *APPENDICES*
Motion by Supervisor Meegan, seconded by Councilman Hart, that the Town Board does hereby adopt the Town of West Seneca 2016 Ad Valorem budget, which includes General and Highway Funds, as previously filed by the Town Supervisor and known as the “Preliminary” 2016 Ad Valorem Budget with amendments as contained on the attached pages.
On the question, Councilman Hanley stated he will not be supporting adoption of the budget and going forward will be requesting quotes for a utility committee.
Councilman Hart agreed with the utility committee and stated he has already begun working on the telephones.
Ayes: (2) Supervisor Meegan, Councilman Hart Noes: (1) Councilman Hanley
Motion Carried *APPENDICES*
22-C LEGAL ITEMS
- Motion by Supervisor Meegan, seconded by Councilman Hart, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS CONCERNING ADOPTION OF: PROPOSED LOCAL LAW #11 – STREET LIGHTING REQUIREMENTS IN NEW DEVELOPMENTS; PROPOSED LOCAL LAW NO. 12 – ADMINISTRATIVE FEES FOR CODE ENFORCEMENT; PROPOSED LOCAL LAW NO. 13 – FOOD TRUCK REGULATIONS; PROPOSED LOCAL LAW NO. 14 – ELECTRICAL LICENSING; PROPOSED LOCAL LAW NO. 15 – TEMPORARY LED SIGNS” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 November 9, 2015
Page three . . .
22-C LEGAL ITEMS
Motion by Supervisor Meegan, seconded by Councilman Hart to open the public hearing.
Ayes: All Noes: None Motion Carried
Local Law #11
Councilman Hart explained that currently all street lights are being converted to LED and new subdivisions will now be required to have LED street lights.
Amy Carpenter suggested improving the look and feel of the town with new light standards.
Town Attorney John Fenz stated this could be incorporated in the site plan review process for new developments and addressed in the comprehensive plan.
Local Law #12
Town Attorney John Fenz explained this local law allows for administrative fees for paperwork involved when a building is determined unsafe and demolished. There will be a $200 fee per occurrence that will be added onto the property tax bill.
Supervisor Meegan noted there is also a proposal to license property managers which will assist the town when they need to be contacted concerning a property.
Beverly Leising questioned what the $200 fee covers.
Code Enforcement Officer John Gullo responded the fee only covers part of the cost and added that other towns also charge for this.
Local Law #13
Town Attorney John Fenz stated food trucks must be properly designed (propane placement, etc.) and a permit will be required from the Town Clerk with review/approval by the Police Department and Code Enforcement Officer. The fee will be $50 for the first vehicle, $25 for each additional vehicle and $25 for renewals.
No comments were received from the public.
Local Law #14
Town Attorney John Fenz stated electricians will now be licensed the same as plumbers.
No comments were received from the public.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-22
West Seneca, NY 14224 November 9, 2015
Page four . . .
22-C LEGAL ITEMS
Local Law #15
Town Attorney John Fenz stated the proposed local law will limit the time for placement of temporary LED signs, but there is a need to further amend the proposal so this will be reviewed and resubmitted in the future.
Mike Truscott commented on the brightness of some signs and Code Enforcement Officer John Gullo stated auto dimming will be required at dusk.
Motion by Councilman Hart, seconded by Supervisor Meegan, to table adoption of Local Law #15.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached Local Law Nos. 11 – 14 as presented.
Ayes: All Noes: None Motion Carried
*APPENDICES*
22-D COMMUNICATIONS
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1. Supervisor Meegan re Resolution in support of Small Business Saturday |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution in support of Small Business Saturday. Ayes: All Noes: None Motion Carried *APPENDICES* |
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2. Town Attorney re Memorandum of Agreement with White Collar Unit |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the attached Memorandum of Agreement with the White Collar Unit, whereby the White Collar Unit has agreed to management’s use of biometric time clocks for timekeeping purposes of employees covered under the White Collar Contract and authorize the Supervisor sign the agreement. Ayes: All Noes: None Motion Carried *APPENDICES* |
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West Seneca, NY 14224 November 9, 2015
Page five . . .
22-D COMMUNICATIONS
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3. Town Engineer re Mineral Springs water main repair agreement
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the attached agreement with Erie County Water Authority (ECWA) relative to reimbursement of $5,164.37 to the town for the Mineral Springs watermain repair. |
On the question, Town Engineer Steven Tanner stated this was a major watermain break the town repaired. United Survey paid a portion of the cost and ECWA is now reimbursing the town for a portion, which is $1000 more than the town asked for. Erie County Highway Department will also be paying a portion of the cost.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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4. Town Engineer re Restroom accessibility project at Senior Center-change order #1
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve change order #1 in the amount of $3,702.93 for Caysea Contracting Corporation which represents additional plumbing work that was required on the handicap accessible restrooms at the senior center.
Ayes: All Noes: None Motion Carried |
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5. Highway Sup’t. re Change of title for James Alba to Sewer Maintenance Worker |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate James Alba as Highway Motor Equipment Operator and appoint him as Sewer Maintenance Worker at a rate of $28.17 per hour effective October 30, 2015 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. Chief Denz re Appointment of Kevin A. Przybyl as part-time Public Safety Dispatcher |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Kevin A. Przybyl as part-time Public Safety Dispatcher effective November 10, 2015 at a pay rate of $10.95 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
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West Seneca, NY 14224 November 9, 2015
Page six . . .
22-D COMMUNICATIONS
6. (continued)
On the question, Councilman Hart questioned if this position was advertised. Chief Denz responded he has a number of applications on file, but will post these positions on the website in the future. Mr. Przybyl was formerly a Public Safety Dispatcher for the town who moved out-of-town for a time and has now returned. He is fully trained and aware of the operation.
Ayes: All Noes: None Motion Carried
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7. Senior Code Enforcement Officer re Model home construction
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the construction of two model homes at 26 & 30 Vista Court in Clearview Estates Subdivision. |
On the question, Councilman Hanley questioned why this was necessary when the subdivision has already been approved. Code Enforcement Officer John Gullo responded the road has not yet been dedicated and he cannot issue a building permit until it is.
Ayes: All Noes: None Motion Carried
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8. Youth Service Coordinator re Appointment of Brendan Kelly as part-time Recreation Attendant |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Brendan P. Kelly as part-time Recreation Attendant at a rate of $8.75 per hour effective November 13, 2015 and advise the Finance Department that this position will be paid from salary of laborers-part time account line 001.7141.0149 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. Finance Office re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budgetary transfer request of $0.42 from Sewer #1 Acct. #003.8101.0960 to Sewer #12 Acct. #003.8123.0960.
Ayes: All Noes: None Motion Carried |
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10. Town Attorney re DePaul project PILOT agreement |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the attached payment in lieu of taxes (PILOT) agreement with Ebenezer Square Housing Development Fund Company, Inc. and Ebenezer Square, LP for their project located at 2400 Seneca Street. |
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West Seneca, NY 14224 November 9, 2015
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22-D COMMUNICATIONS
10. (continued)
On the question, Town Attorney John Fenz stated the property where this low income housing project is being built is owned by a not-for-profit corporation and they typically do not pay property taxes. The PILOT agreement states that 3 percent of the total rents for the apartments shall be collected as taxes with an annual escalator of 3 percent. Payments are expected the first year which is not typical of PILOT agreements. This is a 30 year PILOT agreement and in no way sets a precedent for future agreements.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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11. Highway Supt. re Appointment of Christopher Szumla as part-time laborer in Buildings & Grounds Department |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Christopher Szumla as part-time laborer in the Buildings & Grounds Department effective November 9, 2015 at a rate of $9 per hour, contingent upon passing of drug and alcohol testing, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
22-E REPORTS
- Jacqueline A. Felser, Town Clerk’s report for October 2015 received and filed.
- John A. Gullo, Code Enforcement Officer’s report and plumbing inspector’s report for October 2015 received and filed.
22-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 - $301,757.42; Highway Fund - $166,994.67; Special Districts - $107,350.92; Capital Fund - $798,920.01 (voucher #90988 - 91551); Trust & Agency Fund - $35,592.54 (voucher #91376 – 91403)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-22
West Seneca, NY 14224 November 9, 2015
Page eight . . .
ISSUES OF THE PUBLIC
LEXINGTON GREEN HOUSE REPAIR STATUS
Susan Kims questioned the status of the house on Lexington Green that is in disarray. Code Enforcement Officer John Gullo responded this is presently in court, but he understood the resident hired a storage facility to store his vehicles and also hired a contractor.
EMPLOYEE HAND SCANNERS
Susan Kims questioned how many biometric hand scanners were purchased. Supervisor Meegan responded seven units were installed in March.
SEWER BOND
Susan Kims questioned how sewer repairs paid from the $30 million sewer bond affects the budget. Councilman Hart responded there are principal and interest payments on the bonds. Town Engineer Steven Tanner also stated there was an increase of $700,000 in charges from Buffalo Sewer Authority.
PLAYGROUND GRANT MONEY
Susan Kims commented the Village of Hamburg received a $200,000 matching grant for a community playground. Supervisor Meegan responded the town is concentrating on the library expansion and other items of need for grant money. There are 15 parks in town and she did not see a need in that area, but noted the town is getting a splash pad with funds from Senator Gallivan.
TOWN OF ELMA TAX RATE
Susan Kims stated the Town of Elma has had a zero town tax rate for the past decade. Supervisor Meegan and Councilman Hart responded the Town of Elma does not have a Police Department, lighting or sewers and have no garbage pickup service.
SENECA MALL SITE STUDY
Amy Carpenter questioned if the Seneca Mall feasibility study was received. Supervisor Meegan stated the study is not finished, but they will have a press release and public meeting at the senior center or one of the high schools when it is. Code Red will be used for notifying the public. Town Attorney John Fenz noted there may be proprietary information in the report that has to be redacted.
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West Seneca, NY 14224 November 9, 2015
Page nine . . .
ISSUES OF THE PUBLIC
BREAST CANCER SIGN
Steven Zatko requested permission to keep the breast cancer sign on his property for a couple more weeks until Roswell gets back to him with the amount raised. The board members approved Mr. Zatko’s request and thanked him for his efforts.
BRIDGE GRAFFITI
Steven Zatko requested permission to paint over the graffiti on an old railroad bridge at the end of North Covington Drive. Town Attorney John Fenz stated the town cannot give permission and Councilman Hart stated he understood the NFTA has acquired all the bridges.
TREE DEDICATION CEREMONY
Kate Newton stated there will be a tree dedication ceremony on Monday, November 16th at 6 P.M. at Westgate Park and thanked the Town Board for allowing Matthew Roach to purchase and plant the tree in memory of Luke Gould.
BUDGET/EMPLOYEE CONTRACT CONCERNS
Frank Russo was disappointed only one budget meeting was held and that union contracts haven’t been settled. He questioned why employee pay raises are included in the budget.
Councilman Hanley responded that even though the contracts have not been settled they have to plan for raises.
Mr. Russo questioned how many employees pay toward health insurance.
Supervisor Meegan responded employees contribute toward their health insurance depending on the year they were hired. She further stated that employees also pay taxes and understand concessions have to be made.
Mr. Russo stated he would like to see employee cuts in upcoming negotiations to include: no free health insurance when employees retire; an increase in employee contributions to health insurance; no 3 percent pay increases; no minor holidays off (i.e. Election Day, Columbus Day or Veteran’s Day). Mr. Russo further commented on two town employees taking long lunch hours.
Councilman Hart stated he will check into Mr. Russo’s statement.
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West Seneca, NY 14224 November 9, 2015
Page ten . . .
ISSUES OF THE PUBLIC
SECURITY DEPOSIT REFUND
Eugene Piotrowski referred to a $5000 security deposit he gave to the town pending installation of street lights in Camelot Square Part III. LED lights were installed and they are now lit, but he still has not received his security deposit back.
Town Engineer Steven Tanner stated he gave Mr. Piotrowski the security deposit for water and sewer in good faith, but is still waiting for “as build” drawings.
Mr. Piotrowski stated he gave the drawings to the Engineering Department last Friday.
Mr. Tanner stated he will review the drawings and Town Attorney John Fenz will contact Mr. Piotrowski to get this issue resolved.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
PARKING BAN
Chief Denz reminded the public the parking ban is in effect November 15th – March 15th from 1 A.M to 7 A.M.
HIRING RINK GUARDS
Youth Service Coordinator Lauren Masset stated the Recreation Department is hiring rink guards and applications are available online and in the Recreation Department.
SENIOR CENTER VETERANS DAY CELEBRATION
Mary Josefiak reminded everyone the annual Veterans Day celebration is November 10th at noon at the senior center.
GREATER BUFFALO SPORTS HALL OF FAME
Councilman Hanley recognized West Seneca resident Art Clark, a former race car driver who was recently voted into the Greater Buffalo Sports Hall of Fame.
COMPREHENSIVE PLAN MEETING
Councilman Hart announced a meeting will be held on the Comprehensive Plan at the Burchfield Center on Thursday, November 12th at 7 P.M.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 November 9, 2015
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
VETERAN’S DAY CEREMONY
Supervisor Meegan announced the Veteran’s Day ceremony will be held at Town Hall Wednesday, November 11th at 11:00 A.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