Town Board Minutes
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Deputy Supervisor Matthew D. English called the meeting to order at 3:00 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 Joseph Sgroi, Randie J. Joseph, Susan Miranda, Elizabeth McNamara & Katherine Ernst.
17-A MINUTES TO BE APPROVED
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Motion by Councilman Hanley, seconded by Councilman Hart, to approve Minutes #2017-16 of August 21, 2017.
Ayes: All Noes: None Motion Carried
17-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 LOCAL LAW NO. 5 – ABSENTEE LANDLORDS & CRIMINAL ACTIVITY” 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
District Attorney John Flynn commented on the proposed local law and stated the City of Buffalo and Town of Cheektowaga have already taken this step and adopted legislation that holds absentee landlords accountable for the criminal behavior of their tenants. Mr. Flynn stated Erie County is dealing with a serious opiod crisis and situations involving drug use in buildings, rental units and parks. There are abandoned and occupied buildings where landlords have no idea what is going on with their property or their tenants, and although it is a small number of landlords, any type of law that helps stem criminal activity is good. Mr. Flynn stated Local Law No. 5 is constitutional and appropriate and will be beneficial for the residents of the community. He further thanked Councilman Hanley for his leadership in proposing this ordinance and offered his assistance.
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Page two . . .
17-B LEGAL ITEMS
1. (continued)
Councilman Hanley explained the intent of the law is to address residential, non-owner occupied properties that may become a haven for drug use or various criminal or disruptive activities with the goal of minimizing and controlling any adverse effects. A registration process will be implemented and there is no fee involved.
Town Attorney John Fenz noted there have been some concerns as to whether the proposed local law is constitutional; however, every part of the law has been enforced by courts of the State of New York and there have been no rulings that it is unconstitutional. It has also been asked why the law was drafted with no fee involved and Mr. Fenz explained the Town Board is looking for a law that landlords will comply with and having no fee avoids impediments to compliance. Mr. Fenz further stated the Town Board and police already have the power to evict tenants, but the proposed ordinance codifies who the local vice agency is for the town. Landlords will register with the Town Clerk’s office and no records on the identity of renters will be maintained by the town, but landlords will have to comply with any requests from the Police Department concerning the identity of their tenants. The law will take effect 10 days after filing with the Secretary of State and landlords should comply within 30 days. If the police are called to a dwelling unit that is non owner occupied, they will report the incident to the Town Attorney who will then advise the landlord of the illegal activity. If there is another call to the same residence, the police will again advise the Town Attorney and after a third notice the town will notify the landlord to evict the tenant. If the landlord does not initiate eviction proceedings, the town will do so and assess a fee on their property taxes.
Councilman Hart questioned if an arrest must take place and Mr. Fenz advised this is a civil matter. If there is evidence of criminal activity, the town may move forward with the process. Councilman Hart further questioned if there is a complete record of rental properties in town and Senior Code Enforcement Officer John Gullo responded his department inspects buildings with three or more units. Two-family units are not inspected unless there is a complaint.
Councilman Hanley stated he received two correspondence, one in favor and one against the proposed local law.
Chief Denz stated this is another tool for law enforcement to deal with the situations involving tenants and absentee landlords and the law provides another avenue to try to correct the problems on the properties. The law does not just address drug related issues; it addresses every day issues such as noise, dog complaints, property maintenance complaints, etc. Chief Denz stated it is not uncommon for police to respond to a property numerous times with the problem not being properly addressed, only to find no assistance from a non-responsive absentee landlord.
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Page three . . .
17-B LEGAL ITEMS
1. (continued)
Donald Weiss commented that the law will be helpful, but he believes it needs to be tweaked. He suggested including owner occupied properties and offered to serve on a committee to assist in making some revisions. Mr. Weiss further commented on the wording in his leases that also contain the names and phone numbers of the tenant and he believes his tenants do not want their phone number given out.
Mr. Fenz stated the town cannot regulate the use of owner occupied homes. He further stated the town is concerned with irresponsible landlords that may have the wording in their lease but are not enforcing the lease.
Mr. Weiss did not believe landlords that have not had a police call at their properties should have to comply. Mr. Fenz advised the town cannot adopt a law that only applies to criminals.
Mr. Weiss further commented on the expense incurred by landlords in evicting a tenant and also stated his concerns with the application requiring the tenant’s names and phone numbers. Councilman Hart responded the town will not have the tenant’s names on file. Landlords will be responsible to maintain the information and provide it if needed.
Pat Metz commented on activity on her street and stated this law is exactly what is needed and she is totally in favor of it.
Linda Toy supported the proposed local law but would like to see two-family homes included. Councilman Hanley advised two-family units are included, but owner occupied units are not.
Bill Melski commented on activity on his street and expressed his support for the proposed local law.
Anthony Parisi stated he owns two doubles, screens his tenants, is a responsible landlord and supports the local law. Mr. Parisi questioned the consequences to the landlord if eviction fails or takes too long. He further questioned the duration of the registration and if there is a review process in case the problem is a neighbor issue.
Mr. Fenz acknowledged that evicting a tenant is difficult, but stated as long as a landlord is demonstrating he is doing what he can to evict the tenant, they are essentially complying with the law. The registration is per unit with a two year renewal and the issue must involve criminal activity.
Motion by Councilman Hart, seconded by Councilman Hanley, to table the public hearing until the next meeting.
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Page four . . .
17-C COMMUNICATIONS
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1. Supervisor Meegan re Appointment of Pastor Jason Drapeau to West Seneca Youth Board |
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Motion by Councilman Hart, seconded by Councilman Hanley, to appoint Pastor Jason Drapeau to the West Seneca Youth Board effective immediately for a three year term. |
On the question, Town Attorney John Fenz stated previous appointments do not have set terms. Recreation Supervisor Lauren Masset stated the current by-laws state three members at three years, three members at two years and three members at one year.
Motion by Councilman Hanley, seconded by Councilman Hart, to table this item pending research on term limits.
Ayes: All Noes: None Motion Carried
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2. Town Attorney re Rate increase for Diane Webber part-time clerk typist
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Motion by Councilman Hart, seconded by Councilman Hanley, to increase the hourly rate for part-time clerk typist Diane Webber to $16 per hour effective August 23, 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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3. Town Engineer re Bid date for Switzer Park improvements |
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Motion by Councilman Hart, seconded by Councilman Hanley, to set a bid date of September 27, 2017 at 2:00 P.M. for receipt of bids on the Switzer Park Improvements Project. |
On the question, Town Engineer Steven Tanner stated this project involves walking paths, stationary fitness equipment and playground equipment at Switzer Park. A $100,000 grant from the NYS Parks will help fund the project with the remainder coming from the General Fund.
Ayes: All Noes: None Motion Carried
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4. Highway Sup’t. re Status change for Buildings & Grounds part-time seasonal laborers |
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Motion by Councilman Hart, seconded by Councilman Hanley, to change the status of part-time seasonal laborers Rick Mingle and Harold Schwartz to part-time laborers effective September 8, 2017 at a rate of $12 per hour and change the status of the following part-time seasonal laborers to part-time laborers effective September 8, 2017 at a rate of $10 per hour: |
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Page five . . .
17-C COMMUNICATIONS
4. (continued)
Matthew Amoia Michael Baker Brandon Bork
James Brady Ryan Czekaj Quinn Finnegan
Raymond Ignasiak Wayne Kelm Joseph Kropczynski
Jason Lehsten Cooper Panek Zachary Piechowiak
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 Status change for Highway part-time seasonal laborers
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Motion by Councilman Hart, seconded by Councilman Hanley, to change the status of part-time seasonal laborers Dawson Broad, Nicholas Cafarella, Daniel Dimitroff, Joseph Horan and John Schneck to part-time laborers effective September 8, 2017 at a rate of $10 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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6. Assessor re Attendance at training seminar |
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Motion by Councilman Hart, seconded by Councilman Hanley, to authorize Erik Finbar to attend the NYS Assessor’s Association training conference October 1 – 4, 2017 in Lake Placid, New York, at a total cost not to exceed $1,250.
Ayes: All Noes: None Motion Carried
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7. Recreation Supervisor re Reappointment of Lauren Glawatz as part-time Recreation Attendant |
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Motion by Councilman Hart, seconded by Councilman Hanley, to reappoint Lauren Glawatz as part-time Recreation Attendant at a rate of $13 per hour effective September 15, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting this position will be paid from Acct. #1.7140.0149.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Page six . . .
17-C COMMUNICATIONS
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8. Recreation Supervisor re Learn to Skate program |
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Motion by Councilman Hart, seconded by Councilman Hanley, to enter into an agreement with Joan Disbrow on behalf of Learn to Skate for the 2017-18 season.
Ayes: All Noes: None Motion Carried
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9. Recreation Supervisor re Youth basketball program |
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Motion by Councilman Hart, seconded by Councilman Hanley, to approve the youth basketball program for fall 2017, noting the program dates are subject to change or cancellation depending on facility usage, WSCSD schedule, staffing levels, weather, program enrollment and various other factors.
Ayes: All Noes: None Motion Carried
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10. Recreation Supervisor re Revisions to Recreation Employee Handbook |
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Motion by Councilman Hart, seconded by Councilman Hanley, to approve the proposed revisions to the Recreation Employee Handbook.
Ayes: All Noes: None Motion Carried
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11. Recreation Supervisor re Ice Rink appointments |
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Motion by Councilman Hart, seconded by Councilman Hanley, to appoint the attached list of individuals to the corresponding positions and rates of pay effective October 1, 2017 – May 31, 2018, noting these positions will be paid from Acct. #1.7140.0149.
Ayes: All Noes: None Motion Carried *APPENDICES*
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12. Chief Denz re Resignation of Jenna Sullivan as clerk/typist |
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Motion by Councilman Hart, seconded by Councilman Hanley, to accept the resignation of Jenna Sullivan as clerk/typist effective September 6, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Page seven . . .
17-C COMMUNICATIONS
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13. Chief Denz re Appointment of crossing guards |
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Motion by Councilman Hart, seconded by Councilman Hanley, to appoint Joseph Mrowczynski and Edith Bauld as part-time crossing guards effective September 11, 2017 at a rate of $10 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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17-D REPORTS
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Jacqueline A Felser, Town Clerk’s report for August 2017 received and filed.
17-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 - $301,775.45; Highway Fund - $90,236.48; Special Districts - $52,850.19; Capital Fund - $164,229.76 (vouchers 99561 - 101599) Trust - $245,681.01 (vouchers 101605 - 101614)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
PARK IMPROVEMENTS
Linda Toy questioned the proposed improvements to Tim Russert Park and Switzer Park. Councilman Hanley stated they are two different projects and Tim Russert Park is being made ADA compliant. Deputy Supervisor Matthew English explained the improvements originally proposed for Veterans Memorial Park have been moved to Switzer Park.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
FLU SHOTS
Senior Recreation Therapist of Senior Services Mary Josefiak announced that flu shots are being offered at the senior center. Contact the senior center for more information.
FREE RABIES CLINIC
Deputy Supervisor Matthew English announced a free rabies clinic will be held at the Highway Department on Wednesday, September 27, 2017, 4 P.M. – 7 P.M.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-17
West Seneca, NY 14224 September 7, 2017
Page eight . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ADJOURNMENT
Motion by Councilman Hart, seconded by Councilman Hanley, to adjourn the meeting at 4:05 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK