Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
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 Councilman Hart.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
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.
Supervisor Meegan acknowledged all those men and women that have served and continue to serve and asked that everyone show their gratitude by voting in tomorrow’s election.
The meeting was dedicated to the memory of Captain Andrew Byers, John Gunning Sr., Kelly Hathaway and Donald Schultz.
Supervisor Meegan read the following statement from Highway Supt. Matthew English: “I would like to take the time on behalf of all the employees of the Highway Department, Buildings & Grounds, Sewer and Sanitation Department, to say thank you for your overwhelming show of support during the recent passing of our co-worker and friend, Donald Schultz. Don was much more than a dedicated employee. He was a great father, husband, grandfather, uncle, and to many of us at the Highway Department, a great friend. Through letters, texts, emails and phone calls you have shown so much love and sympathy. Thank you and God Bless You. Sincerely, Matthew English, West Seneca Highway Supt.”
21-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the public hearing on the 2017 Tentative Benefit Basis Budget & Tentative Ad Valorem Budget of October 24, 2016.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2016-20 of October 24, 2016.
Ayes: All Noes: None Motion Carried
INFORMATION SESSION ON DESIGN STANDARDS
John Steinmetz of Steinmetz Planning Group gave a presentation on the proposed design standards for the town which will be posted on the town’s website.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page two . . .
21-B HELD OVER PUBLIC HEARING
1. Re: “A PUBLIC HEARING TO CONSIDER THE 2017 TENTATIVE BENEFIT BASIS BUDGET & 2017 TENTATIVE AD VALOREM BUDGET” in the Town of West Seneca.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to remove the 2017 Benefit Basis Budget from the table.
Ayes: All Noes: None Motion Carried
Darryl Dusch questioned the continued presence of pumps at West Senior High School and commented that raw sewage is being pumped into the creek.
Supervisor Meegan responded the town is in the midst of a $70 million sewer project mandated under a consent order from the early 2000’s. In 2012, the current Town Board took action and has spent $30 million thus far on enhancements, including slip lining and siphon replacements that have reduced the amount of raw sewage pumping into the creek by 52 million gallons per year.
Councilman Hart explained the six pumping stations in town must be turned on during major rain events to avoid flooding in basements. Due to the overflows, the town is under a consent order, but the town is only allowed 12 million gallons per day to flow into the Buffalo Sewer Authority system and the overflow goes into Cazenovia Creek. Unfortunately, it is unavoidable if they are to prevent back up in residents’ basements.
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 approve the 2017 Benefit Basis Budget with the attached amendments.
Ayes: All Noes: None Motion Carried
*APPENDICES*
Motion by Supervisor Meegan, seconded by Councilman Hanley, to remove the 2017 Ad Valorem budget from the table.
Ayes: All Noes: None Motion Carried
Paula Minklei questioned if the town pays someone to help bring new business to town.
Councilman Hart responded the town has a $15,000 per year contract with Gerald Hathaway and the West Seneca Chamber of Commerce. The contract is available for public viewing.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page three . . .
21-B HELD OVER PUBLIC HEARING
Susan Kims questioned the $30,000 charge for an insurance administrator.
Town Attorney John Fenz responded that appropriation is for First Niagara who reviews the town’s insurance claims.
Karen Lucachik questioned the amount government employees contribute toward their pension.
Councilman Hart responded under NYS Law employees pay three percent toward their pension.
Karen Lucachik commented on Supervisor Meegan’s proposed salary increase and stated it will set a precedent going forward. She thought a three percent increase would be fair and noted West Seneca is one third the size of Amherst and their responsibilities are much greater.
Supervisor Meegan referred to positions eliminated including two Town Board positions and other full-time and part-time positions in the Supervisor’s office and Finance Department that resulted in a savings of over $300,000 per year. Those tasks have been taken on by the Supervisor, her assistant and members of the Finance Department. Supervisor Meegan stated her salary should be on par with the duties and responsibilities of the position and there has been no salary increase since 2005. She stated her performance has demonstrated she is a full-time supervisor, this is her only job and she dedicates 55 to 60 hours per week to it. Supervisor Meegan noted she is asking for less than what her predecessor earned in 2011, which was $86,000. She further referred to the $25,000 increase given to the Town Attorney position last year along with $5,000 this year that was not questioned and suggested the objections to her increase are because she is a woman.
Dale Clarke commented on the increase in taxes over the last four years even with positions eliminated and stated other jobs like the Town Prosecutor position were given to political allies. He further questioned the increase in the Town Attorney’s salary.
Councilman Hart stated the Town Prosecutor position is required by Town Law and Town Attorney John Fenz was given an increase because he was able to save $250,000 on outside counsel costs which justified an increase in his salary.
Mr. Clarke questioned why the budget director position is being reinstituted when it provided a cost savings to the taxpayers.
Supervisor Meegan stated she voted against the proposal to eliminate the budget director position when it was previously brought before the Town Board and even with that stipend her salary will still be less than the previous supervisor.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page four . . .
21-B HELD OVER PUBLIC HEARING
A Tampa Drive resident requested clarification on Supervisor Meegan’s 55 – 60 hour work week and the total compensation she receives.
Supervisor Meegan stated she is at work every day, Monday – Friday and regularly works weekends and evenings. Her current salary is $63,900 and she receives $500 as budget director, but she does not receive health insurance. As a full-time employee, she is part of the NYS Retirement System and will receive a NYS pension when she retires.
Caitlyn Dickey questioned the raise for Supervisor Meegan when youth programs were cut resulting in fewer options for youth to volunteer.
Supervisor Meegan responded Youth Coordinator Lauren Masset has made great strides with the Youth Department since taking it over and surveys showed there is less interest in some of the youth programs.
Blaine Steczkowski questioned Supervisor Meegan’s pension and if she is vested.
Supervisor Meegan responded she will be vested if she serves another two years and when she leaves employment the town will no longer pay into her retirement.
Michelle Poitras questioned if Supervisor Meegan’s duties and responsibilities have increased since last year to justify the raise. She further commented on the impact the last three years’ salary makes on a NYS pension and asked the council members to vote against the increase.
Supervisor Meegan responded she has consolidated, cut expenses and assumed more responsibility. She also referred to the Supervisor in the Town of Lancaster who is a woman, whose salary is $66,997 and receives health insurance.
Julie Gorecki referred to the Ad Valorem budget and asked for clarification on the number of regular laborers in the Sanitation Department. She further questioned if the town keeps the late fees on property taxes.
Supervisor Meegan confirmed there are 15 laborers in the Sanitation Department.
Town Clerk Jacqueline Felser advised the town keeps the penalties on property taxes and the county receives the interest.
Mrs. Gorecki questioned the $1265 cut in the Senior Center Program Director salary and stated she is disappointed in the limited programs offered at the senior center. She further requested clarification on the role of caretaker for snow and miscellaneous and questioned the $62,000 cut in the budget.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page five . . .
21-B HELD OVER PUBLIC HEARING
Supervisor Meegan responded the Senior Center Program Director’s salary is not being cut; it is a correction from the previous year. The caretaker takes care of the Highway Department offices. The position was not eliminated but was moved to a different line item.
Senior Recreation Therapist of Senior Services Mary Josefiak stated over 28,000 people attend the senior center annually and they offer numerous programs including trips.
Maura Lillis Blonski, daughter of former Supervisor Joan Lillis, commented on the difficulty of the supervisor position, noting that a supervisor works twenty-four hours a day and even after retirement her mother continued to receive phone calls. Mrs. Blonski further commented on Supervisor Meegan’s dedication and commitment to the town and felt she is deserving of a raise.
Dolores Stefanacci questioned if Supervisor Meegan receives a stipend for not taking the health insurance. She further referred to issues that previously occurred with AmeriCorps and the compensation others received while she received nothing.
Supervisor Meegan responded she does not receive a stipend in lieu of health insurance and that benefit has not been offered to board members since 2013. Also, with regard to the AmeriCorps issue, that matter was investigated and Mrs. Stefanacci was not able to produce the necessary paperwork to afford her any compensation.
Richard Zmuda questioned how Supervisor Meegan plans to pay for the raise and commented on the lighting contract that was just undertaken by the town.
Supervisor Meegan stated her proposed increase has a .001 percent effect on the budget.
Councilman Hanley stated the town was anticipating a three year payback on the street lighting investment, but it will actually take 4.5 years for the project to pay for itself and then the budget will be reduced by $200,000 per year. The agreement with NYSEG allows properly licensed town electricians or qualified contractors to do maintenance as needed.
Mr. Zmuda commented on the revenues from code enforcement and electrical permits.
Councilman Hanley responded the fees brought in are paying for the electrical inspector’s salary and the town is also sharing the position with Orchard Park.
Councilman Hart stated Commonwealth used to charge the property owners for electrical inspections and now those fees are coming to the town.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page six . . .
21-B HELD OVER PUBLIC HEARING
Francis Marrano commented that anyone who questions the salary of Town Attorney John Fenz does not understand his job. Mr. Marrano also thanked the board members for the excellent job they are doing.
Paula Taton objected to the proposed increase for Supervisor Meegan and stated she is a state employee and has not had an increase in four years. Ms. Taton was not opposed to an increase, but thought 27 percent was excessive.
Beverly Leising referred to Page A-14 and the Senior Citizens Director salary reduction of $1265. She further requested a copy of the adjustments made to the proposed budget.
Councilman Hart responded there was a posting error in last year’s budget and the salary reduction corrects that error. The adjustments were posted to the town’s website and the most current increase is 2.92 percent, which is under the tax cap.
Nora Mikes requested clarification on the action being taken at this meeting.
Supervisor Meegan responded the public hearing will be closed tonight and they will vote to amend, not adopt, the budget. The Town Board will consider all the information presented, make additional changes and hold a special meeting on November 14th at 7 P.M. to adopt the budget.
Ms. Mikes questioned if the public will be allowed to speak at the November 14th meeting prior to the budget vote.
Supervisor Meegan responded that although the public hearing will be closed they could possibly consider this request.
Matt Nycek expressed his opposition to the proposed salary increase for Supervisor Meegan.
David O’Brien questioned Supervisor Meegan’s background, noting the average salary for a person without a college degree is $30,000.
Supervisor Meegan responded she worked in the insurance industry for 25 years and also has two years at Canisius College but did not earn a degree.
Councilman Hart commented that experience is the real education in life beyond a college degree.
Dusan Palka commented there are no property taxes in Pennsylvania or California.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page seven . . .
21-B HELD OVER PUBLIC HEARING
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 Hanley, to amend the budget with the attached changes and schedule a special meeting for November 14th at 7 P.M. to adopt the final budget.
Aye: All Noes: None Motion Carried
*APPENDICES*
21-C LEGAL NOTICES
1 – 3. Motion by Supervisor Meegan, seconded by Councilman Hanley, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL PERSONS INTERESTED IN THE CREATION OF VERONICA ESTATES LIGHTING DISTRICT, CLEARVIEW ESTATES LIGHTING DISTRICT AND CAMELOT PART III LIGHTING DISTRICT” 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
Councilman Hart questioned if there are any residents in any of the subdivisions, noting residents of those subdivisions should be notified of the proposed lighting district and that it is subject to a permissive referendum.
Senior Code Enforcement Officer John Gullo responded there are no residents in the Veronica Estates development yet, but there are some in Clearview Estates and Camelot Part III.
No comments were received from the public.
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 Hart, to adopt the attached resolution creating a lighting district in Veronica Estates Subdivision.
Ayes: All Noes: None Motion Carried
*APPENDICES*
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page eight . . .
21-C LEGAL NOTICES
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution creating a lighting district in Clearview Estates Subdivision.
Ayes: All Noes: None Motion Carried
*APPENDICES*
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution creating a lighting district in Camelot Part III Subdivision.
Ayes: All Noes: None Motion Carried
*APPENDICES*
21-D COMMUNICATIONS
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1. Supervisor Meegan re Resignation of Clerk Typist Joseph D. McCarthy
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of Joseph D. McCarthy and terminate him as Clerk Typist effective November 4, 2016 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. Chief Denz re Appointment of Bruce Moritz as Court Security Officer
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Bruce Moritz as part-time Court Security Officer effective November 8, 2016 at a rate of $17 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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3. Senior Code Enforcement Officer re LED sign proposal for 2724 Transit Road
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve an LED sign for 2724 Transit Road.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page nine . . .
21-D COMMUNICATIONS
4. Town Attorney re Assessment challenge settlement – New Enterprise Crushed Stone & Lime Co., Inc.
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Motion by Councilman Hanley, seconded by Councilman Hart, to approve and authorize Town Attorney John Fenz to execute the attached Stipulation to resolve the real property tax assessment challenge of New Enterprise Crushed Stone & Lime Co. against the Town of West Seneca.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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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 - $113,744.76; Highway Fund - $54,454.24; Special Districts - $141,667.29; Capital Fund - $617,022.83 (vouchers 96667 - 96798) Trust Fund - $240,122.66 (vouchers 96820 - 96836)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
MEMORANDUM OF UNDERSTANDING WITH TOWN BAND
Susan Kims questioned the memorandum of understanding with the Town Band that was approved at a previous meeting.
Councilman Hart responded the Town Band was made a recreation program so they can use the town’s insurance. No funds are offered the band and in return for the insurance coverage the Town Band will perform four concerts gratis for the town.
Town Attorney John Fenz explained that per the Amercian Society of Composers and Performers (ASCAP), a license is required when music is provided at an event. The town has an ASCAP agreement and it will apply to the Town Band also.
REPAIR OF SINKHOLES AT PLANT 6
Susan Kims questioned the $95,000 cost to repair sinkholes at Plant 6.
Councilman Hanley explained the pipe going to the station from the driveway has collapsed and needs to be repaired.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page ten . . .
ISSUES OF THE PUBLIC
READY ERIE PREPAREDNESS PROGRAM
Susan Kims requested clarification on the Ready Erie Preparedness program and questioned the nearest emergency shelters.
Senior Code Enforcement Officer John Gullo explained the program and the application that is available to download to a smartphone. Code Red will be used to inform residents of the West Seneca locations when they are open.
INDUSTRIAL & COMMERCIAL INCENTIVE BOARD/DESIGN STANDARDS COMMITTEE
Susan Kims questioned who serves on the Industrial & Commercial Incentive Board and the Design Standards Committee and if all members reside or work in town.
Senior Code Enforcement Officer John Gullo listed the following members: Design Standards Committee - Bill Bauer, Joe Frontera, Amy Kobler, Town Attorney John Fenz, Councilman Hart, Jerry Hathaway and himself; Industrial and Commercial Incentive Board - Amy Carpenter, Amy Thompson, Jerry Hathaway, Karl Spencer, Kandace Wittmeyer, Mike Zekas, Councilman Hart and himself, noting Mike Zekas is not a resident but has a business in town.
Mrs. Kims commented that although Amy Thompson works in West Seneca, she does not live in town or pay taxes on a business in town. Mrs. Kims suggested the town use people that live in town for the committees.
Councilman Hart stated it was difficult finding people to serve on the committees and they are advisory committees. The Town Board will hold a public hearing and make the final decisions.
PARKING TRAILERS ON RESIDENTIAL PROPERTY
David Schultz referred to a notice he received from the Code Enforcement Office advising him that he is not allowed to keep his 33’ trailer on his property from September 15th to May 15th and asked that the code be changed to coordinate with campground dates of May 1st to October 15th.
Senior Code Enforcement Officer John Gullo explained that the ordinance was changed from not allowing trailers on residential properties at all, to allowing them during the high use summer season. The ordinance was amended to provide quality of life for neighbors as some trailers block sidewalks and neighbor’s views. Mr. Gullo stated the town can look at adjusting the dates, but it will still be necessary to store a camper elsewhere for the winter and a housing inspector is assigned to property maintenance issues like this.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page eleven . . .
ISSUES OF THE PUBLIC
STATUS OF DEER POPULATION CONTROL
Dick Macey questioned the status of the deer population situation.
Chief Denz responded that other issues and events have taken a precedent over the past few months, but he recently had an intern do a study on the number of deer related incidents in the last five years. They are still working on this issue.
REMOVAL OF DEAD TREE
Beverly Leising referred to a dead tree on the corner of Reserve Road and Mill Road. The property is for sale and she questioned who is responsible for picking up the dead branches in the road and who would be responsible for removing the tree.
Town Attorney John Fenz responded the tree branches are the responsibility of the property owner.
Supervisor Meegan stated the town can check it and notify the county if appropriate and Senior Code Enforcement Officer John Gullo stated the town will send a letter to the current owner advising them of the situation.
FARMER’S MARKET
Beverly Leising referred to efforts to get additional vendors for the Farmer’s Market and suggested a different location as the hill on Main Street is rutted and not good for people to walk on.
Supervisor Meegan stated they may move the Farmer’s Market to the area around the band shell, but they still have to be conscious of parents picking up children from day camp.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
VETERAN’S DAY CEREMONIES
Senior Recreation Therapist of Senior Services Mary Josefiak announced the Veterans Day lunch to be held at the senior center on Thursday, November 10th at noon.
Supervisor Meegan announced the dedication ceremony renaming a portion of Union Road to Veteran’s Memorial Highway on Thursday, November 10th at 10 am. Additionally, she invited residents to attend the Veteran’s Day ceremony on November 11th at 11 A.M.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-21
West Seneca, NY 14224 November 7, 2016
Page twelve . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
RECREATION UPDATES
Youth Service Coordinator Lauren Masset thanked everyone who attended the Enchanted Path event and announced the following events: Breakfast with Santa on December 11th, tickets go on sale Monday, November 14th; family swim has started; special Veteran’s skate on Friday, November 11th and all attending are asked to wear red, white and blue.
NO SHAVE NOVEMBER
Chief Denz stated his department is participating in the “No Shave November” fundraising event, with funds to be donated to the West Seneca food pantry and “Shop with a Cop”.
FUNDS TO HELP COMBAT “ZOMBIE HOMES”
Councilman Hanley commented on funds available through Attorney General Schneiderman’s office to combat “zombie homes.” Supervisor Meegan stated the town recently received $250,000 from the Attorney General’s office that was given to the WNY Law Center who works with anyone trying to stay in their home and others trying to purchase a vacant home. She further noted that changes to the Foreclosure Relief Act take effect December 21st and banks will be held responsible for property maintenance with fines of $500 per day. Brochures are available in the Town Clerk’s office.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hanley, to adjourn the meeting at 9:20 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK