Town Board Minutes

1250 Union Road                                                           Minutes #2012-06

 

 

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 Commander Hugh Ganser and Boy Scout Troop 616.

 

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 Richard F. Cotter, William G. Humiston, Kathleen G. McCarthy, William (Billy) Rieman, Irene J. Felser-Hartnett, Luke A. Gould and Dawn S. Donaldson.

·     Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2012-05 of March 12, 2012.

 

 

1.    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 FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2012-02, AMENDMENT TO CHAPTER 55” ” in the Town of West Seneca, be received and filed.                                                                                                                             

 

 

          Ayes: All                                   Noes: None                               Motion Carried

 

Town Attorney Shawn Martin read Local Law 2012-02 that will amend §55-7 of the Town Code. Adoption of this local law will delete in its entirety Subsection C that currently reads “an up-to-date certificate of occupancy shall be required on property when ownership is transferred.”

 

Ken Hansen opposed the proposed local law and stated that these inspections protect homebuyers and will save lives. Based on the number of home inspections that have failed, Mr. Hansen would like the law to be kept in force.

1250 Union Road                                                           Minutes #2012-06

 

 

Tracy Marino stated she pays a lot in taxes and having someone come into your home and tell you something is wrong when inspections are already taking place is not only redundant but costly.  

 

Councilman Hart commented that the $100 fee was rescinded at the last board meeting. He would like the service to continue in the future at no cost. Councilman Hart stated it is the duty of the inspector to inform the homeowner of any illegal hookups or other issues that arise during an inspection and safety has always been an issue. He noted that many towns across the state issue certificates of compliance.

 

Code Enforcement Officer John Gullo explained that once violations are identified they are handled accordingly. If the issue is a life safety issue such as a smoke detector or carbon monoxide detector it needs to be handled immediately. If the violation is not a life safety issue, such as a roof repair that could be costly, the resident is given six months to become compliant.

 

Paula Minklei thought that subsection C should remain part of the code since subsection A refers to altered buildings or buildings having had work performed on them requiring a certificate of occupancy.

 

Councilman Rusinski stated that he sponsored the change in this law because he considered it governmental intrusion and was also concerned about the cost associated with the inspection. If a resident requests an inspection at the time of property transfer, the town can provide this service at no cost to the resident. Councilman Rusinski suggested that packets be provided to new homeowners in town with information from individual departments informing them of safety concerns and other important information. 

 

Beverly Leising questioned if the town could publish or furnish a list of what to look for in a home inspection. 

 

Mr. Gullo responded that his department has pamphlets that are currently available in his office. He will be working with the Town Clerk’s office to have these pamphlets put on the town’s website to enable residents to download and print the information. They also do public presentations to educate people.

 

Amy Carpenter thought providing letters to new homeowners was a great idea and suggested utilizing the schools by sending information home with students to keep residents informed. She further commented on educating the public, possibly with the use of volunteer firemen and other community organizations.

 

1250 Union Road                                                           Minutes #2012-06

1.   (continued)

 

Dan Locche of the Buffalo Niagara Association of Realtors thanked the board members for reconsidering the ordinance. He stated that the majority of licensed home inspectors he has encountered seldom overlook safety issues. This is a major issue that is discussed frequently and taken very seriously. Mr. Locche further commended the board members for providing future certificate of occupancy inspections upon request at no cost to the homeowner.

 

Richard Schunke stated he would like to see the certificate of occupancy requirement remain in place until the number of failed inspections declines. He further commented that the cost of carbon monoxide and smoke detectors is minimal and getting the message out on their importance is crucial.

 

Karen Lucachik commented on the importance of providing handouts to the public and utilizing all possible venues. She further questioned the possible liability to the town if a certificate of occupancy is issued and subsequently something happens.

 

Bob Rigby commented on all the positive things and knowledge acquired through discussions that have taken place. As a realtor he personally attends all home inspections that have taken place with regard to homes he has sold. Mr. Rigby stated that in his experience as a realtor he has encountered qualified and capable inspectors and their job is to be honest and objective in what they find.

 

Don Weiss property owner and landlord in town stressed the importance of smoke detectors and carbon monoxide detectors, but he did not believe that government should get involved with inspecting residents’ homes.

 

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

 

          Ayes: All                                   Noes: None                               Motion Carried

 

 

Ayes: (2) Supervisor Meegan, Councilman Rusinski

 

Noes: (1) Councilman Hart                                                          Motion Carried

1250 Union Road                                                           Minutes #2012-06

 

2.   Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO TOWN HIGHWAYS, NAMELY: THE RECONSTRUCTION OF DOVER DRIVE AND GREENMEADOW DRIVE AT A COST OF $3,000,000. THE RESOLUTION FURTHER AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS AND/OR BOND ANTICIPATION NOTES IN THE AMOUNT OF $3,000,000 TO COVER THE COSTS OF THE PROJECT PLUS THE COSTS OF ISSUANCE AS PERMITTED BY LAW.” in the Town of West Seneca, received and filed.   

 

            On the question, Councilman Hart commented that the RFP is not binding and receiving proposals from ambulance companies does not mean that an ambulance service will be hired.

 

Ayes: All                                   Noes: None                               Motion Carried

 

1250 Union Road                                                           Minutes #2012-06

 

On the question, Councilman Rusinski questioned if there was any additional cost for this revision.

 

Supervisor Meegan responded that this addressed a question of concern from Freed Maxick that their services were not designed to detect errors or fraud.

 

Councilman Hart commented that Freed Maxick is not providing auditing services to the town.

 

Ayes: All                                   Noes: None                               Motion Carried

 

On the question, Councilman Rusinski questioned how acceptance of J.W. Danforth’s proposal of $55,000 will impact projects that are proposed but not necessarily going to be done such as the ice rink.

 

Town Engineer Steven Tanner responded that acceptance of J.W. Danforth’s proposal will include recommendations from an energy standpoint. The board is not obligated to accept a recommendation included in their proposal. The $55,000 cost of the energy audit will be absorbed in the project if a project is undertaken. Mr. Tanner further commented that in order to come up with an energy project it makes sense to go forward with an energy audit.

 

Ayes: All                                   Noes: None                               Motion Carried

 

On the question, Councilman Hart questioned what the money is being appropriated for.

 

 

1250 Union Road                                                           Minutes #2012-06

 

 

Town Engineer Richard Henry responded that the town has to do a needs assessment for the geographic information systems at a cost of approximately $65,000. This will allow information to be put into a database and accessed by different departments. The money was initially appropriated in 2011 but never used. 

 

Ayes: All                                   Noes: None                                Motion Carried

On the question, Councilman Hart questioned why this was necessary.

 

Chief Gehen stated that currently seasonal people are needed to cover shifts due to dispatcher injuries and other vacancies that need to be covered. According to civil service law, a part-time employee can work up to 19 hours a week, but if their status is changed to seasonal they can work up to 39 hours a week for a maximum of five months annually.

 

 

 

 

1250 Union Road                                                           Minutes #2012-06

 

On the question Councilman Hart questioned the qualifications for this position. Mary Josefiak, Director of Recreation, Youth & Senior Services, stated that Mr. Hourihan has a degree in physical education. This is not a new position but an existing employee who was being paid by voucher. Mr. Hourihan will now receive a paycheck vs. utilizing the town’s voucher system.

 

Ayes: All                                   Noes: None                                Motion Carried

1250 Union Road                                                           Minutes #2012-06

 

Motion by Supervisor Meegan, seconded by Councilman Rusinski, that the General Fund, Highway Fund, Special Districts, Trust & Agency Fund and Capital Fund being vouchered, submitted for audit, and chargeable to the respective funds be approved:

 

General Fund - $108,906.04; Highway Fund - $84,965.30; Special Districts - $107,167.28 (voucher #’s 71990-72253); Trust & Agency Fund - $32,070.86 (voucher #’s 71976-71989 & 72011-72012)

 

On the question, Councilman Hart stated that the town is now implementing the voucher auditing system and the board members will be personally reviewing vouchers prior to their approval.

 

Ayes: All                                   Noes: None                               Motion Carried

 

 

 

1250 Union Road                                                           Minutes #2012-06

 

1250 Union Road                                                           Minutes #2012-06

 

 

          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:15 P.M.