Town Board Minutes

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-12

West Seneca, NY 14224                                                          June 26, 2017

 

 

Deputy Supervisor Matthew English 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 Hanley.

 

ROLL CALL:          Present    -   Eugene P. Hart                 Councilman

                                                William P. Hanley, Jr.        Councilman

                                               

Absent    -    Sheila M. Meegan              Supervisor

 

Deputy Supervisor English 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 Daniel Dyson & Frances Corcoran.

 

12-A  MINUTES TO BE APPROVED

 

§ 

Motion by Councilman Hart, seconded by Councilman Hanley, to approve minutes from the June 12, 2017 work session.

 

Ayes: All                                    Noes: None                               Motion Carried

 

§ 

Motion by Councilman Hart, seconded by Councilman Hanley, to approve Minutes #2017-11 of June 12, 2017.

 

Ayes: All                                    Noes: None                               Motion Carried

 

§ 

Motion by Councilman Hart, seconded by Councilman Hanley, to approve minutes from the June 21, 2017 bid opening for the Repair & Replacement of Sidewalks – Northeast Zone.

 

          Ayes: All                                    Noes: None                               Motion Carried

 

12-B  LEGAL ITEMS

 

  1. Motion by Councilman Hanley, 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 4350 SENECA STREET, BEING PART OF LOT NO. 59 & 104, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR SERVICE OF ALCHOLIC BEVERAGES” in the Town of West Seneca, be received and filed.

 

Ayes: All                                    Noes: None                               Motion Carried

 

Motion by Councilman Hanley, 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 #2017-12

West Seneca, NY 14224                                                          June 26, 2017

                                                                                      Page two . . .

 

12-B  LEGAL ITEMS

 

   1.    (continued)

 

David Johnson of Rusty Nickel Brewing Company stated the business has been open for 2 ½ years and he was recently informed they needed a special permit for service of alcohol.  The Rusty Nickel Brewing Company is a NYS Farm Brewery which mandates them to use locally grown and produced products, allows for the operation of a tasting room and allows them to sell other NYS farm produced products. The alcoholic beverages served are beer, cider, wine and spirits and they must be produced in NYS.

 

Jim Sperduti along with two neighbors adjacent to the brewery had no problem with service of alcohol but had other concerns about facility.

 

Councilman Hart stated the public hearing is only to address the special permit for service of alcohol.  Other issues regarding the facility can be brought up under “Issues of the Public” at the end of the meeting. 

 

Motion by Councilman Hart, seconded by Councilman Hanley, to close the public hearing.

 

Ayes: All                                    Noes: None                               Motion Carried

 

Motion by Councilman Hanley, seconded by Councilman Hart, to approve a special permit for property located at 4350 Seneca Street, being part of Lot No. 59 & 104, changing its classification from C-2 to C-2(S), for service of alcoholic beverages.

 

On the question, Councilman Hart stated this corrects an omission from when the business was originally opened.

 

Ayes: All                                    Noes: None                               Motion Carried

 

12-C  TABLED ITEMS

             

1.   Town Attorney re Restricted use permit for Jim Collins Heating & Cooling, Inc.

 

 

Remained on the table.

 

             

2.   Recreation Supervisor re Agreement with South Buffalo Rugby

 

 

Remained on the table.

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-12

West Seneca, NY 14224                                                          June 26, 2017

                                                                                      Page three . . .

 

12-D   COMMUNICATIONS

             

1.   Town Attorney re Bond resolution for purchase of accounting system software & hardware

 

 

Motion by Councilman Hart, seconded by Councilman Hanley, to adopt the attached bond resolution authorizing acquisition of integrated financial management and accounting system software and hardware and authorizing issuance of $300,000 in serial bonds of the town to finance said appropriation.

 

Ayes: All                Noes: None            Motion Carried

                                                          *APPENDICES*

 

2.   Town Attorney re Bid award for Repair & Replacement of sidewalks – Northeast Zone

 

 

 

Motion by Councilman Hart, seconded by Councilman Hanley, to award the bid for repair and replacement of sidewalks in the northeast zone to Masters Edge, Inc. at their low bid price of $29,128.

 

Ayes: All               Noes: None              Motion Carried                   

3.   Town Engineer re Deduct change order for Theresa Court Reconstruction Project

 

Motion by Councilman Hart, seconded by Councilman Hanley, to authorize the Supervisor to sign the necessary forms for a deduct change order in the amount of $25,585 for the Theresa Court Reconstruction Project, noting this is due to not using as much material as was indicated in the estimate.

 

Ayes: All               Noes: None              Motion Carried

 

4.   Town Engineer re NYSDEC MS4 annual report

 

                                                          

Motion by Councilman Hart, seconded by Councilman Hanley, to authorize the Supervisor to sign and file the NYSDEC MS4 annual report.

 

Ayes: All               Noes: None              Motion Carried

 

5.   Chief Denz re Purchase of TASER systems

 

 

Motion by Councilman Hart, seconded by Councilman Hanley, to authorize Chief Denz to enter into a five year agreement with AXON, formerly TASER International, to lock in the purchase cost of training and operational equipment at the 2017 pricing of $5754.24 per year, noting AXON is a sole source provider.

 

Ayes: All                Noes: None            Motion Carried

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-12

West Seneca, NY 14224                                                          June 26, 2017

                                                                                      Page four . . .

 

12-D   COMMUNICATIONS

 

6.     

Chief Denz re Attendance at NYS Police Juvenile Officers training conference

 

Motion by Councilman Hanley, seconded by Councilman Hart, to authorize four officers to attend the New York State Police Juvenile Officers Association training conference, August 28 – September 1, 2017 in Geneva, NY at a cost not to exceed $2400.

 

Ayes: All                Noes: None            Motion Carried

                                                         

7.     

Senior Code Enforcement Officer re Rezoning request – 364 Lein Road

 

Motion by Councilman Hanley, seconded by Councilman Hart, to refer the rezoning request for 364 Lein Road to the Planning Board for review.

 

Ayes: All                Noes: None            Motion Carried

 

8.     

Recreation Supervisor re Resignation of part-time bus drivers

 

Motion by Councilman Hanley, seconded by Councilman Hart, to accept the resignation of Thomas Keenan and Michael Aures and terminate them as part-time seasonal bus drivers effective July 3, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried

 

9.     

Recreation Supervisor re Appointment of Becky Safe as part-time seasonal bus driver

 

Motion by Councilman Hanley, seconded by Councilman Hart, to appoint Becky Safe as part-time seasonal bus driver effective June 26 – September 1, 2017 at a rate of $15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried

 

10.    

Recreation Supervisor re Pay rate increase for Lauren Glawatz & Eric Korczynski

 

Motion by Councilman Hanley, seconded by Councilman Hart, to increase the rate of pay for part-time recreation attendant Lauren Glawatz to $13 per hour and increase the rate of pay for part-time recreation attendant Eric Korczynski to $12.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-12

West Seneca, NY 14224                                                          June 26, 2017

                                                                                      Page five . . .

 

12-D   COMMUNICATIONS

 

11.    

Chief Denz re Appointment of Kathleen Brenner as part-time clerk

 

Motion by Councilman Hanley, seconded by Councilman Hart, to appoint Kathleen Brenner as part-time clerk effective June 27, 2017 at a rate of $20 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

On the question, Chief Denz stated this is a short term position to fill in for an employee on maternity leave and it will eliminate the need for overtime in that department.

 

Ayes: All                Noes: None            Motion Carried

 

12-E  APPROVAL OF WARRANT

 

Motion by Councilman Hart, seconded by Councilman Hanley, to approve the vouchers submitted for audit, chargeable to the respective funds as follows: General Fund - $272,464.43; Highway Fund - $105,439.33; Special Districts - $2,862,757.89; Capital Fund - $1,749,472.87 (vouchers 100156 - 100457)

 

Ayes: All                                    Noes: None                               Motion Carried

 

ISSUES OF THE PUBLIC

 

PROPERTY MAINTENANCE ON FISHER ROAD

 

Jacqueline Pray and Linda Hiller commented on the empty lot at 282 Fisher Road with concerns over dumping, lack of maintenance and high grass and weeds. They contacted the realtor and the garbage is being cleaned up, but the weeds still exist and are attracting rodents, etc.  A letter expressing their concerns was sent to Supervisor Meegan and she referred it to the Code Enforcement Office.  The lawn was mowed recently, but there is still an untouched mound with weeds.  Ms. Pray and Ms. Hiller presented a petition signed by neighbors that are concerned about this situation.

 

Code Enforcement Officer John Gullo stated he spoke to the owner of the property and told him there is dumping taking place on the lot, the weeds need to be cut and the property should be maintained.  Mr. Gullo stated there is nothing in the ordinance that allows him to do much at this point, but he suggested contacting Erie County Rodent Control to address the rodent problem. 

 

Town Attorney John Fenz stated he was forwarded the email and unfortunately there is very little the town can do under current zoning and code enforcement regulations.

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-12

West Seneca, NY 14224                                                          June 26, 2017

                                                                                      Page six . . .

 

 

ISSUES OF THE PUBLIC

 

NOISE AND SCREENING CONCERNS AT RUSTY NICKEL

 

Jim Sperduti questioned if a fence is required for screening the Rusty Nickel property from residential properties. He further commented on noise from the patio and expressed concerns with traffic leaving the parking lot at closing.

 

Code Enforcement Officer John Gullo stated he will check on the screening and noted that hedges as opposed to a fence can also be used for screening. 

 

Susan Fisher requested an additional “No Parking” sign in front of her house on Seneca Street near the Rusty Nickel.

 

Kelly Cosgrove expressed concerns about increased traffic, parking and noise from the Rusty Nickel and questioned the use of the outdoor stage for live music.

 

Mr. Gullo stated a variance is needed for live music on the stage and he will check into this.  

 

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

 

          RECREATION UPDATES

          Recreation Supervisor Lauren Masset stated summer programs began today and Veteran’s Park pool will open on June 28th with free admission to residents with a valid Town ID card.

 

            ANTIQUES & COLLECTIBLES APPRAISAL DAY

          Councilman Hanley announced the West Seneca Historical Society will host Antique & Collectible Appraisal Day on Sunday, August 6th, noon to 4 P.M. at 919 Mill Road.  They are requesting a $2 donation per item with a maximum of three items per person.

 

          5K RACE EVENTS

          Councilman Hanley stated future race events will require the organization to notify neighborhoods one week prior to the event that the street will be closed.

 

 

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-12

West Seneca, NY 14224                                                          June 26, 2017

                                                                                      Page seven . . .

 

 

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

 

SUPPORT FOR WNY CHILDREN’S PSYCHIATRIC CENTER

Motion by Councilman Hart, seconded by Councilman Hanley, to adopt the attached resolution supporting Senate Bill S4630 and Assembly Bill A6505 concerning WNY Children’s Psychiatric Center.

Ayes: All                                    Noes: None                               Motion Carried

                                                                                                *APPENDICES*      

 

ADJOURNMENT

 

          Motion by Councilman Hanley, seconded by Councilman Hart, to adjourn the meeting at 7:55 P.M.

 

          Ayes:  All                                   Noes: None                               Motion Carried

 

 

 

 

 

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