Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
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 Lauren Masset.
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.
The meeting was dedicated to the memory of Sally Stiglmeier.
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2017-07 of April 6, 2017.
Ayes: All Noes: None Motion Carried
8-B LEGAL ITEMS
1-3. Motion by Supervisor Meegan, seconded by Councilman Hart, that proofs of publication and posting of the following legal notices be received and filed:
“OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 525 BULLIS ROAD, BEING PART OF LOT NO. 374, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), TO CONSTRUCT A TWO SIDED 10’ X 36’ BILLBOARD SIGN, 35’ HIGH” in the Town of West Seneca.
“OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1940 RIDGE ROAD, BEING PART OF LOT NO. 296, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), TO CONSTRUCT A TWO-SIDED 10’ X 36’ BILLBOARD SIGN, 35’ HIGH” in the Town of West Seneca.
“OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR VACANT PROPERTY LOCATED AT THE REAR OF BULLIS ROAD PROPERTY, BEING PART OF LOT NO. 366, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), TO CONSTRUCT A TWO –SIDED 10’ X 36’ BILLBOARD SIGN, 35’ HIGH” in the Town of West Seneca.
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page two . . .
8-B LEGAL ITEMS
1-3. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
Ayes: All Noes: None Motion Carried
Attorney Ralph Lorigo represented Vann Advertising and presented pictures of the three sites with the billboard superimposed and noted all are zoned industrial which is the proper zoning for billboards. Only a special permit is required and all sites meet the 16 criteria for billboards contained in the Town Code. Mr. Lorigo stated that Larry Vann of Vann Advertising has been in the billboard business for 35 years. He has a contract to purchase 1940 Ridge Road and intends to develop the site. He also has a contract to purchase the Bullis Road property and intends to develop a portion of the site for a residential subdivision. Mr. Lorigo noted that billboards are assessed and pay taxes the same as a house while receiving no town services.
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 Hanley, to adopt the following resolution:
WHEREAS, the Town Board of the Town of West Seneca, as lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, has reviewed the documentation and plans submitted by the applicant in connection with the review of the projects, has not identified any potentially significant adverse environmental impacts associated with the proposed use of the subject properties and has determined that preparation of an environmental impact statement is not necessary and issuance of a negative declaration is therefore appropriate; and
WHEREAS, the Planning Board adopted a resolution recommending the granting of a special permit and approval of the projects; and
WHEREAS, pursuant to Town Code the Town Board further finds that granting a special permit for the subject properties to allow for the projects is consistent with the applicable special use criteria contained in the Town Code, appropriate for the locations and will not adversely affect surrounding properties; now, therefore, be it
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page three . . .
8-B LEGAL ITEMS
1-3. (continued)
RESOLVED, that pursuant to 6 NYCRR 617.7(a), the Town Board does hereby adopt a negative declaration with respect to the projects based on its determination that the projects will not result in any potentially significant adverse environmental impacts; and be it further
RESOLVED, the Town Board hereby grants a special permit for 525 Bullis Road, 1940 Ridge Road and the rear of Bullis Road property.
Ayes: All Noes: None Motion Carried
4. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION AUTHORIZING THE PURCHASE OF A 2017 CHEVROLET EXPRESS 2500 CARGO VAN UNDER THE PIGGYBACK PROVISION THROUGH CHAUTAUQUA COUNTY BID E-11-14 PFTH, GROUP III, ITEM 3, BASE VEHICLE 2, AT A COST OF $22,374.28 WITH AVAILABLE FUNDS IN THE GENERAL RESERVE FUND” in the Town of West Seneca, received and filed.
8-C COMMUNICATIONS
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1. Supervisor Meegan re Permanent appointment of Lauren Masset |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of Recreation Supervisor Lauren Masset from full-time provisional to full-time permanent effective April 24, 2017 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. Town Attorney re Restricted use permit for Jim Collins Heating & Cooling, Inc. |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to table this item. Ayes: All Noes: None Motion Carried |
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3. Town Engineer re Rosewood Section Road Reconstruction change order #1 |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve change order #1 in the amount of $51,315.90 for the Rosewood Section Road Reconstruction Project for relocating shallow water services to the required five feet below grade. |
On the question, Supervisor Meegan stated many of the water services were found to be 3’ or less below grade making them more susceptible to freezing. The change order also covers additional concrete storm pipe that needed to be replaced due to deteriorating conditions.
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page four . . .
8-C COMMUNICATIONS
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4. Highway Sup’t. re Appointment of sanitation alternates |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate the following part-time seasonal laborers in the Buildings & Grounds Department and appoint them as sanitation alternates effective May 1, 2017 at a rate of $9.70 per hour: |
Daniel Feeney Zachary Giacobello Mitchell Mancuso Christopher Szumla
Tyler Kluck Andrew Pangallo Michael Pauly
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. Highway Sup’t. re Title change for Joseph Demma to Highway Laborer |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Joseph Demma as Sanitation Motor Equipment Operator and appoint him Highway Laborer, Group 1, Step 1, at a rate of $20.41 per hour effective April 24, 2017 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 Sup’t. re Purchase of field rake |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the purchase of a John Deere MY17 field rake at a cost of $12,814.04 under the piggyback provision through NJPA Landscaping and Grounds Related Equipment PC66663 (PG XN). Ayes: All Noes: None Motion Carried |
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7. Highway Sup’t. re Status change for part-time sanitation laborers to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of the following part-time sanitation laborers to part-time seasonal at a rate of $9.70 per hour effective May 1, 2017: |
Eric Anderson James Deppeler Jeremy Krawczyk
Norman Locher Matthew McCarthy MacKenzie Szakacs
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page five . . .
8-C COMMUNICATIONS
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8. Chief Denz re Retirement of Detective Phillip Swift |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Detective Phillip Swift from the West Seneca Police Department effective April 27, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Detective Swift has served the Town of West Seneca for the past 27 years and will be greatly missed. Ayes: All Noes: None Motion Carried |
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9. Town Clerk re Attendance at NYSTCA conference |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize Town Clerk Jacqueline Felser and Deputy Town Clerk Amy Kobler to attend the New York State Town Clerks Association conference in Rochester, New York, April 23 – 26, 2017 at a cost not to exceed $500. Ayes: All Noes: None Motion Carried |
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10. Supervising Accountant re Budgetary transfer request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the attached list of 2016 year end budget transfers. Ayes: All Noes: None Motion Carried *APPENDICES* |
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11. Supervising Accountant re Short-term interfund loan from General Fund to Highway Fund |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution authorizing a short-term interfund loan from the General Fund to the Highway Fund: |
WHEREAS, as of December 31, 2016 the town’s Highway Fund expects to receive reimbursement related to $275,635.51 of expenditures within the New York State Consolidated Local Street and Highway Improvement Projects (CHIPS) aid program; and
WHEREAS, Chapter 195 of the New York State Laws of 1989 provides that towns may temporarily advance moneys from one fund to another fund; and
WHEREAS, the town’s General Fund has available cash at December 31, 2016; now, therefore, be it
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page six . . .
8-C COMMUNICATIONS
11. (continued)
RESOLVED, the West Seneca Town Board does hereby authorize the General Fund to provide a short term interfund loan in the amount of $50,000 as of December 31, 2016 to support the Highway Fund to be repaid upon receipt of the CHIPS reimbursement.
Ayes: All Noes: None Motion Carried
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12. Supervising Accountant re Sewer fund insurance allocation |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution establishing a sewer fund insurance allocation account: |
WHEREAS, during the year ended December 31, 2016 the town incurred general liability insurance expenses of $423,221.50; and
WHEREAS, the general liability insurance expense provides insurance coverage benefit to the Sewer Fund; and
WHEREAS, the Town Attorney estimates that $60,000 of the annual payment is attributable to the Sewer Fund; and
WHEREAS, the Sewer Fund has available fund balance; now, therefore, be it
RESOLVED, the West Seneca Town Board does hereby authorize establishment of account #003.8100.0425 Sewer Allocated General Liability Insurance Expense; and be it further
RESOLVED, the West Seneca Town Board does hereby amend the 2016 Benefit Basis Budget to transfer appropriations of $60,000 to account #003.8100.0425 to be funded through an increase in appropriated Sewer Fund fund balance of $60,000; and be it further
RESOLVED, the West Seneca Town Board authorizes allocation of $60,000 of 2016 general liability insurance expenses to account #003.8100.0425.
Ayes: All Noes: None Motion Carried
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13. Supervising Accountant re Transfer to Highway Fund for hospital & medical insurance |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the following resolution authorizing a transfer to the Highway Fund: |
WHEREAS, during the year ending December 31, 2016 the Town of West Seneca Highway Fund’s hospital and medical insurance expenditures were in excess of the amount included in the 2016 budget by $554,915; and
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page seven . . .
8-C COMMUNICATIONS
13. (continued)
WHEREAS, the Highway Fund and the General Fund share the same taxable base; and
WHEREAS, the General Fund has available fund balance; now, therefore, be it
RESOLVED, the West Seneca Town Board hereby amends the General Fund budget to provide a one-time transfer of $400,000 from its available fund balance to support the hospital and medical insurance expenditures in the Highway Fund; and be it further
RESOLVED, the Highway Fund’s budget for hospital and medical insurance expenditures and transfers in are amended for the amount received from the General Fund.
Ayes: All Noes: None Motion Carried
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14. Senior Recreation Therapist of Senior Services re Status change for Lee Ann Piniewski to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time food service worker Lee Ann Piniewski to part-time seasonal effective May 1 – 31, 2017 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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15. Senior Recreation Therapist of Senior Services re Status change for Georgiann Busse to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerk typist Georgiann Busse to part-time seasonal effective May 8 – June 8, 2017 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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16. Recreation Supervisor re Status change for Emily Baker to part-time seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time Youth Service Coordinator Emily Baker to part-time seasonal at a rate of $18 per hour effective May 22 – October 8, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page eight . . .
8-C COMMUNICATIONS
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17. Chief Denz re Title change for Donald Driscoll to Detective provisional |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the title of Police Officer Donald Driscoll to Detective provisional effective April 4, 2017 at an annual salary of $87,930.24 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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18. Town Attorney re Agreement with Tyler Technologies, Inc. |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with Tyler Technologies, Inc. that sets forth the town’s licensing of Tyler software which will provide accounting and payroll modules for the town and professional services provided by the vendor at a cost of $256,300. Ayes: All Noes: None Motion Carried |
8-D APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the vouchers submitted for audit, chargeable to the respective funds as follows: General Fund - $398,481.32; Highway Fund - $38,134.76; Special Districts - $94,863.10; Capital Fund - $659,094.59 (vouchers 98582 - 99546) Trust - $282,877.82 (vouchers 99434 - 99504)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
OAKGROVE CONSTRUCTION
Dave Lavango requested an update on Oakgrove Construction’s application to the town, noting they are dumping and storing concrete at their property on Mineral Springs Road.
Code Enforcement Officer John Gullo responded the property at 422 Mineral Springs Road is zoned M-1 which allows storage of concrete. Oakgrove Construction applied for a special permit to crush concrete on site and temporarily withdrew that application from the Planning Board agenda. A meeting is scheduled for May 4, 2017 at 7 P.M. at the West Seneca Senior Center for Oakgrove Construction to provide information to the public regarding their proposal.
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
Page nine . . .
ISSUES OF THE PUBLIC
PRINCETON ESTATES SUBDIVISION EXTENSION
Residents of Princeton Estates subdivision referred to the proposed Marrano development at the end of Chancellor Lane and a motion by the Zoning Board of Appeals that overturned the Planning Board’s motion.
Town Attorney John Fenz suggested the residents seek legal counsel to determine what their remedies are.
TREES NEAR POWER LINES ON VALLEY DRIVE
John Kirk commented on a problem on Valley Drive with dead trees extremely close to the power lines and stated NYSEG will not trim the trees. He asked that the town intervene with NYSEG on behalf of the residents.
Councilman Hanley stated he had spoken with NYSEG recently, but no one has called him back on the issue.
EARTH DAY
Carol Yetter thanked everyone that helped out on Earth Day at Burchfield Park, noting there were 64 people on the weekend with 130 man hours toward upkeep of the park.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SENIOR CENTER EVENTS/UPDATE
Senior Recreation Therapist of Senior Services Mary Josefiak stated on Saturday, April 29, 2017 a Drug Drop-off event will be held from 9:00 AM – 2:00 PM at the West Seneca Senior Center. Also on Saturday, Senator Patrick Gallivan’s Office will be sponsoring a Health & Safety Fair with over 40 vendors in participation from 9:00 AM - noon.
A group of students from Bishop Timon will be volunteering their time to help clean up the grounds at the senior center and assist with set up of computers in the computer room.
RECREATION UPDATES
Recreation Supervisor Lauren Masset stated summer camp registration is ongoing with 50 – 60 children registered for each session. The Recreation Department is still looking for day camp counselors, half-day camp counselors, lifeguards and volunteers for the Youth Board.
GRASS PICK-UP
Highway Sup’t. Matthew English stated trucks will begin picking up grass next Monday.
1250 Union Road Minutes #2017-08
West Seneca, NY 14224 April 24, 2017
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
POLICE DEPARTMENT UPDATES
Chief Denz congratulated Detective Daniel Crowe who was awarded the Law Enforcement Lifetime Achievement Award from Crime Stoppers. The Police Department will be participating in the statewide “No Empty Chair Program” which focuses on high school drivers and distracted driving. Officers will be enforcing the speed limit in school zones and participating in Operation Safe Stops. School Resource Officers will be participating in driver education within the high schools.
BUSINESS FIRST “30 UNDER 30”
Town Board members and department heads congratulated Recreation Supervisor Lauren Masset on being chosen one of Business First’s “30 Under 30” recipients.
HANDS ON CPR
Senior Code Enforcement Officer John Gullo stated the Office of Disaster Preparedness will be offering a free “Hands On CPR” training event on May 4, 2017 from 4:00 PM – 7:00 PM at the West Seneca Senior Center.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:00 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK