Town Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2012-17
West Seneca, NY 14224 October 29, 2012
Supervisor Sheila M. Meegan called the meeting to order at 7:10 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by John Gullo.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
John M. Rusinski 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 David Santry, Gold Star Mothers and the West Seneca East Football team who is heading to Ralph Wilson Stadium for the Section VI Championship game against Sweet Home this Friday night.
17-A MINUTES TO BE APPROVED
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2012-16 of October 15, 2012.
Ayes: All Noes: None Motion Carried
17-B LEGAL ITEMS
1. Motion by Supervisor Meegan, seconded by Councilman Hart, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 959 INDIAN CHURCH ROAD, BEING PART OF LOT NO. 63, CHANGING ITS CLASSIFICATION FROM M-1 TO C-2 TO COMPLY WITH PROPER ZONING FOR A RESIDENTAL HOME” in the Town of West Seneca, be received and filed. (Christopher Parker)
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to open the public hearing.
Ayes: All Noes: None Motion Carried
Christopher Parker stated he has been trying to sell 959 Indian Church Road which consists of 2.75 acres and is currently zoned M-1. Mr. Parker has a potential buyer, Mr. Pasquale of A & M Construction, but banks will not write a mortgage because if the house were to be destroyed it could not be rebuilt in that zoning. After speaking with town representatives it was determined that a C-2 zoning would best accommodate the potential buyer who plans to rent the home and have a garage for storage.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2012-17
West Seneca, NY 14224 October 29, 2012
Page two . . .
17-B LEGAL ITEMS
1. (continued)
Councilman Hart questioned what will be stored in the garage.
Code Enforcement Officer John Gullo stated that if Mr. Pasquale purchases the property he will be storing trucks and equipment in the garage and it will be subject to site plan approval from the Planning Board.
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 Hart, to approve the request for a rezoning for property located at 959 Indian Church Road, being part of Lot No. 63, changing its classification from M-1 to C-2, to comply with proper zoning for a residential home.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 164 SLADE AVENUE, BEING PART OF LOT NOS. 291 AND 292, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR AN ELECTRONIC BILLBOARD” in the Town of West Seneca, received and filed.
17-C COMMUNICATIONS
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1. Supervisor Meegan re Shared Assessor’s Agreement
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to sign the attached Shared Assessor’s renewal agreement with the Town of Elma, noting the agreement is effective July 1, 2012 thru December 31, 2012 and will then be renewed effective January 1, 2013 thru December 31, 2013.
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On the question, Councilman Rusinski questioned if the schedule reflected the change for the Assessor’s hours.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2012-17
West Seneca, NY 14224 October 29, 2012
Page three . . .
17-C COMMUNICATIONS
1. (continued)
Town Attorney Shawn Martin stated that after discussions with Assessor Kandace Wittmeyer it was determined that she works on an equal basis between the Town of West Seneca and the Town of Elma. Mainly a set schedule is used; however, there are times when the schedule has to be altered due to meetings.
Ayes: All Noes: None Motion Carried
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2. Supervisor Meegan re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budgetary transfer request of $5000 from Contingency Acct. #1.1990.0480 to Professional Services Acct. #1.7520.0451 to provide funding for Bero Architecture relative to historical status designation of the West Seneca Historical Society.
Ayes: All Noes: None Motion Carried
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3. Town Attorney re Intermunicipal Agreement with Town of Tonawanda for animal shelter
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Motion by Supervisor Meegan, seconded by Councilman Hart, to enter into an Intermunicipal Agreement with the Town of Tonawanda for their use of the Town of West Seneca animal shelter.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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4. Town Engineer re SEQRA Review and Determination for Leydecker generator addition
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Motion by Supervisor Meegan, seconded by Councilman Hart, to review and accept the attached SEQRA resolution and determination of Type 2 action relative to improvements to the Leydecker generator addition.
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On the question, Councilman Hart asked for an update on Leydecker Road.
Town Engineer Richard Henry explained that Leydecker Road is part of the Erie County Water Authority lease manage service area for which the town is responsible for capital costs associated with improvements such as pump stations, tanks and waterlines. This is part of an agreement made with Erie County Water Authority in 2001-2002 relative to the addition of generators to improve the quality and reliability of service.
Councilman Hart questioned if under the agreement the town is obligated to have this work done.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2012-17
West Seneca, NY 14224 October 29, 2012
Page four . . .
17-C COMMUNICATIONS
4. (continued)
Mr. Henry responded that the town is not required to have this work done if the cost is over the budgeted amount; however, if it is not done it will impact overall service.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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5. Town Engineer re Erie County Water Authority agreement for Leydecker generator addition
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Motion by Supervisor Meegan, seconded by Councilman Hart, to execute the attached agreement with Erie County Water Authority (ECWA) for construction costs related to the addition of a generator at the Leydecker water pump station, noting the estimated cost for this work is $196,000.
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On the question, Councilman Rusinski questioned if there was a budget line in 2011 for this item.
Town Engineer Richard Henry responded that there was a budget request that was not approved. This is a capital expense that will be bonded.
Supervisor Meegan questioned when this will be bid and Mr. Henry responded that ECWA will bid the project after receipt of a Town Board resolution.
Ayes: All Noes: None Motion Carried
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6. Chief Gehen re Resignation of Thomas Gasiewicz as Public Safety Dispatcher part-time
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Thomas Gasiewicz as part-time Public Safety Dispatcher effective October 16, 2012 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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7. Chief Gehen re Appointment of David E. Rizk as Public Safety Dispatcher part-time
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint David E. Rizk as part-time Public Safety Dispatcher at a rate of $10.95 per hour effective November 4, 2012 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 #2012-17
West Seneca, NY 14224 October 29, 2012
Page five . . .
17-C COMMUNICATIONS
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8. Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Public Safety Dispatchers James McCullough, Richard Miller, David Pangallo and Norm Brem to part-time seasonal effective November 1 – 30, 2012 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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9. Director of Recreation, Youth & Senior Services re Termination of Tyler Schmidt as lifeguard
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Tyler Schmidt as Recreation Attendant Lifeguard effective October 23, 2012 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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10. Director of Recreation, Youth & Senior Services re Appointment of Bailey Morgante as lifeguard
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to appoint Bailey Morgante as part-time lifeguard at a rate of $8.00/HR effective October 29, 2012 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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11. Director of Recreation, Youth & Senior Services re Rate increase for Carol Kennedy
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Received and filed.
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17-D 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 - $191,814.16; Highway Fund - $83,089.67; Special Districts - $70,677.21 (voucher #’s 75319 - 75572); Trust & Agency Fund - $29,964.12 (voucher #’s 75356 - 75411); Capital Fund - $71,042.94 (voucher #’s 75319 – 75572)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2012-17
West Seneca, NY 14224 October 29, 2012
Page six . . .
ISSUES OF THE PUBLIC
2013 PROPOSED BUDGET
Amy Carpenter referred to previous comments concerning hiring a Human Resource person and noted that a salary was not listed for this position in the 2013 budget.
Finance Officer Laura Landers responded that the Bookkeeper to the Supervisor will be retiring in June 2013 but the total salary was included in the 2013 budget. The remainder of this salary will be used to retain a Human Resource person.
FOLLOWING UP ON PREVIOUS ISSUES
Amy Carpenter referred to a suggestion she had made at a previous Town Board meeting that the minutes contain a parking lot of items listing things that need to be addressed or followed up on.
Supervisor Meegan responded to each of the issues from the previous Town Board meeting that required a follow up:
· Searching minutes on town website – Minutes are no longer in pdf format so items can be queried.
· Seneca Street and Exit 54 Intersection – A letter was sent to Senator Gallivan along with County Legislator Lorigo supporting safety improvements.
· Watermain Breaks on Union Road – A conversation was held with Erie County Water Authority emphasizing the importance of all involved parties coordinating efforts on huge million dollar projects.
· Joint Work Session for Town, Planning & Zoning Boards – Language regarding this will be included in the upcoming reorganizational meeting.
· Posting employee salaries on website – Has yet to be done.
· Geese problem at pool – Have received great ideas from other municipalities including a suggestion that the town apply for federal grant funding to help solve the problem since West Seneca is in a direct route of U.S. airlines.
· Status of Americorps payments – An $8000 payment was received.
· Greenmeadow/Dover Reconstruction Project – Spoke with Town Engineer Richard Henry regarding tree planting procedures on reconstructed streets and he informed her it is the property owner’s choice. Mr. Henry provided a list reflecting people who declined trees on this project and Supervisor Meegan will be making calls.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2012-17
West Seneca, NY 14224 October 29, 2012
Page seven . . .
ISSUES OF THE PUBLIC
GREENMEADOW/DOVER RECONSTRUCTION PROJECT
Karen Lucachik stated she would like to see the Town Code changed so that reconstructed streets follow the same requirements for tree planting as a new subdivision. Many trees were removed and not replaced and she thought the law stated when a tree is removed a new tree has to be planted.
Code Enforcement Officer John Gullo agreed with Mrs. Lucachik on this issue and stated there will be some things brought up to the board at the next meeting.
ANIMAL SHELTER AGREEMENT
Bill Hanley questioned the agreement with the Town of Tonawanda for use of the West Seneca animal shelter.
Town Attorney Shawn Martin responded that Tonawanda will be using the West Seneca animal shelter and sharing services.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
HURRICANE SANDY INFO
Chief Gehen asked residents to use common sense with regard to the storm and Halloween trick or treating.
Code Enforcement Officer John Gullo reminded everyone that generators must be set up outdoors in a well ventilated area.
Supervisor Meegan commented on the potential seriousness of the storm and assured residents the town will do whatever it takes to keep the public safe. A task force has been established for anyone who needs assistance. Supervisor Meegan further thanked Mr. Gullo and all first responders for their service.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to recess to Executive Session at 7:35 P.M. to discuss two contract matters and one litigation matter with Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 7:50 P.M.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2012-17
West Seneca, NY 14224 October 29, 2012
Page eight . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
DEMOLITION OF 5203 SENECA STREET
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Code Enforcement Officer John Gullo to hire Hannah Demolition to demolish the buildings at 5203 Seneca Street at their low quote of $11,500 plus the asbestos survey abatement at a cost of $1200 not to exceed $20,500 and transfer funds from Contingency Fund to a Demolition Removal Fund.
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 7:55 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK