Town Board Minutes

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
 
Supervisor Sheila M. Meegan called the meeting to order at 3:15 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Asst. Chief Daniel Denz.
 
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 Donald Meckle and the 1st responders at the West Webster Fire Department.
 
1-A MINUTES TO BE APPROVED
 
·                    Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2012-20 of December 17, 2012.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
TABLED ITEM
 
Motion by Councilman Hart, seconded by Supervisor Meegan, to remove from the table the appointment of Matthew English as Dog Control Officer.
 
Ayes: All                                   Noes: None                               Motion Carried
 
Motion by Councilman Hart, seconded by Supervisor Meegan, to appoint Highway Sup’t. Matthew English as Dog Control Officer at an annual stipend of $7000 effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
On the question, Councilman Hart stated there are some issues that need to be worked out regarding this position, but Town Attorney Shawn Martin has advised the board members that the town is required to have a Dog Control Officer.
 
Mr. Martin stated that NYS Agriculture and Markets Law requires that the town have a Dog Control Officer. He will research the exact requirements in the law and have that information available in advance of the work session and Town Board Meeting on January 14, 2013.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
                                                                                       Page two . . .
 
 
1-B    COMMUNICATIONS

 
           
 1.      Town Attorney re Payment for appraisal services on tax assessment challenge
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize payment to Emminger, Newton, Pigeon & Magyar, Inc. in the amount of $3,525 for appraisal and expert services in connection with the tax assessment challenge for property located at 550 Orchard Park Road.
 
Ayes: All                Noes: None            Motion Carried
 
   2.    Chief Gehen re Resignation of David Rizk as part-time Public Safety Dispatcher
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of David Rizk and terminate him as part-time Public Safety Dispatcher effective December 27, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 
On the question, Councilman Hart questioned the need for an additional part-time Public Safety Dispatcher.
 
Chief Gehen responded that he will be discussing with the Town Board the staffing situation and needs going forward in Public Safety Dispatch.
 
Ayes: All                                   Noes: None                               Motion Carried

 
   3.    Town Clerk re Purchase of clerk licensing software
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to authorize the purchase of clerk licensing software from Business Automation Services Inc. at a cost of $13,260 payable in two installments of $6,630 each due January 31, 2013 and January 31, 2014, noting that funds were appropriated under line item #01.1410.0200 in the 2013 budget for the first installment.

 
          On the question, Town Clerk Jacqueline Felser stated that Business Automation Services software is used by the majority of towns in Erie County and this software is an upgrade to the current clerk licensing software used in the Town Clerk’s office.
 
Ayes: All                                   Noes: None                               Motion Carried
 
 
 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
                                                                                       Page three . . .
 
1-B    COMMUNICATIONS

  
   4.    Director of Recreation, Youth & Senior Services re Budgetary transfer request
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budgetary transfer request of $400 from Recreation Equipment & Supplies Acct. #1.7620.0200 to Printing & Advertising Acct. #1.7620.0448.
 
Ayes: All                Noes: None            Motion Carried
  
   5.    Code Enforcement Officer re Rezoning request at 325 Orchard Park Road
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to refer to the Planning Board the rezoning request from M-1 to C-2 for 325 Orchard Park Road for multi-family residential and commercial development.
 
Ayes: All                Noes: None            Motion Carried
 
  6.    Supervisor Meegan re Creation of part-time Recreation Director position
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to create the position of part-time Recreation Director and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 
          On the question, Councilman Hart stated this position is being created in conjunction with the consultant’s recommendation to reorganize the Senior Citizens and Recreation Departments. The Recreation Department will be all part-time employees and Mary Josefiak will be able to devote all her time to the senior citizens center. Councilman Hart questioned when the town will be advertising for resumes for this position.
 
          Supervisor Meegan responded that they will be advertising this position immediately and it will be posted on the town’s website and in the newspaper. She further thanked Mrs. Josefiak for her contributions and service in the Recreation Department and Senior Citizens Center over the last few years.
 
          Ayes: All                                   Noes: None                               Motion Carried
 

   7.    Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal
 
Motion by Councilman Hart, seconded by Supervisor Meegan, to change the status of part-time Public Safety Dispatchers James McCullough, Richard Miller and Norm Brem to part-time seasonal effective January 1 – 31, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
                                                                                       Page four . . .
 
1-B    COMMUNICATIONS
 
   7.    (continued)
 
          On the question, Councilman Rusinski commented that the town must be cognizant of the new Health Care Reform Act that becomes effective January 1, 2014. After 30 hours of work the town will have to offer health care benefits to part-time employees. This will be a substantial cost to the town and they need to look forward to determine how they will manage it.
 
          Councilman Hart questioned if this was based on a part-time employee’s average hours for the year or if they work seasonal for part of the year.
 
          Councilman Rusinski understood that a part-time employee working seasonal hours for five months of the year would be considered qualifying for health care benefits.
 
          Ayes: All                                   Noes: None                               Motion Carried
 

   8.    Councilman Hart re Support for Phoenix’s Law
 
Motion by Councilman Hart, seconded by Supervisor Meegan, to adopt the following resolution supporting the enactment of Phoenix’s Law:

          WHEREAS, there are many pet and animal lovers throughout the Town of West Seneca, Erie County and Western New York; and
 
          WHEREAS, there have been numerous cases of animal abuse throughout Erie County and Western New York; and
 
          WHEREAS, it is noted that Erie County Legislator Terrance McCracken has sponsored legislation in the Erie County Legislature encouraging the New York State Legislature to enact “Phoenix’s Law” aimed at stiffening penalties for those who torture and abuse animals; now, therefore, be it
 
          RESOLVED, that the Town of West Seneca supports Legislator Terrance McCracken and the Erie County Legislature in urging the New York State Legislature to enact “Phoenix’s Law”; and be it further
 
          RESOLVED, that upon adoption of this resolution the Town Clerk of the Town of West Seneca is directed to send copies of the resolution to the clerk of the Erie County Legislature, New York State Senator Patrick Gallivan and New York State Assemblyman Michael Kearns.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
                                                                                       Page five . . .
 
 
1-B    COMMUNICATIONS
 

   9.    Town Attorney re Placement of signs on town property on land adjacent to Buffalo Creek
 
Motion by Councilman Hart, seconded by Supervisor Meegan, to authorize the Erie County Soil & Water Conservation District to place signs on town property adjacent to Buffalo Creek if approved by the New York State Department of Environmental Conservation and the Canal Corporation.
 
Ayes: All                Noes: None            Motion Carried

 

  10.   Town Attorney re Public hearing on Local Law No. 2013-01 Stormwater Maintenance & Control Facilities
 
Motion by Councilman Hart, seconded by Supervisor Meegan, to schedule a public hearing for January 14, 2013 at 7:00 P.M. to consider Local Law No. 2013-01, Stormwater Maintenance & Control Facilities.

 
          On the question, Town Engineer Steven Tanner stated the local law is being proposed to comply with DEC requirements and give the town a means of collecting funds to pay for required maintenance of stormwater management facilities.  It outlines exact measures the town is willing to accept if they are going to take acceptance of stormwater management. If there is a stormwater pond for a residential or townhouse subdivision, the town is asking that during the engineering and planning process the drainage improvement area be set up which will allow the town to assess taxes on an as needed basis as they go through and clean those areas. The town will also tell the developer what kind of stormwater drainage facilities they will accept. They do not want to accept underground storage facilities or anything with high maintenance costs. A fee will be paid upfront by the developer and when those funds are gone the town at their discretion may then impose a fee on the homeowners going forward. 
 
          Councilman Hart commented on the affect this will have on the Highway Department and questioned how often a detention pond requires maintenance. He further questioned what will happen with the existing ponds.
 
          Mr. Tanner stated that detention ponds require maintenance every five years. With regard to the existing ponds, everyone that benefits must agree to turn over the pond to the town and access easements may be needed in some cases.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
                                                                                       Page six . . .
 
1-C 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 - $259,199.87; Highway Fund - $71,327.26; Special Districts - $7,246.70 (voucher #’s 76079 - 76549); Trust & Agency Fund - $58,338.50 (voucher #’s 75006 - 76547); Capital Fund - $76,632.96 (voucher #’s 76527 - 76543)
 
Ayes: All                                   Noes: None                               Motion Carried
 
EXECUTIVE SESSION
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 3:35 P.M. to discuss a litigation matter.
 
Ayes: All                                   Noes: None                               Motion Carried
 
The board members returned from Executive Session at 4:05 P.M.
 
ISSUES OF THE PUBLIC
 
          REZONING OF FORMER SENECA MALL SITE
 
Arlene Vogt questioned if a request was made to have the former Seneca Mall site rezoned. 
 
Supervisor Meegan responded that she has been working with the owner of the former Seneca Mall site for the last two years and rezoning of the property has been requested. Positive things are starting to happen and the Ridge Road corridor is seriously being worked on.
 
PART-TIME RECREATION DIRECTOR POSITION 
 
Frank Russo questioned the salary for the part-time recreation director position, if it included benefits, and if the individual will have complete control of the Recreation Department.
 
Supervisor Meegan stated this position was approved by Erie County for 25 hours a week, $18 per hour and no benefits. The number of hours was recommended by the needs assessment. The part-time Recreation Director will report to the board members and Councilman Rusinski is the Town Board liaison to that department.
 
Mr. Russo questioned if the needs assessment report will be available for public viewing.
 
Supervisor Meegan responded that the needs assessment will be available for the public after certain personnel issues are removed from it.
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
                                                                                       Page seven . . .
 
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          AMENDMENT TO PUBLIC HEARING DATE FOR LOCAL LAW 2013-01
 
          The previous motion regarding a public hearing on Local Law 2013-01 was amended as follows:
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing for February 4, 2013 at 7:00 P.M. to consider Local Law 2013-01, Stormwater Maintenance & Control Facilities.
         
          Ayes: All                                   Noes: None                               Motion Carried
 
          LOCAL LAW 2013-02 AMENDMENTS TO PEDDLER’S ORDINANCE
         
Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing for February 4, 2013 at 7:00 P.M. to consider Local Law 2013-02 amendments to the Peddler’s Ordinance.
 
Ayes: All                                   Noes: None                               Motion Carried
 
          BID DATE FOR CONCESSION SERVICES AT SOCCER COMPLEX & SUNSHINE PARK
 
          Town Attorney Shawn Martin stated that he drafted requests for proposals for concession services at the soccer complex and Sunshine Park and requested that a bid date be set.
 
          Motion by Councilman Hart, seconded by Councilman Rusinski, to set a bid date of February 15, 2013 at 10:00 A.M. for receipt of bids for concession services at the soccer complex and Sunshine Park.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
          CHANGE ORDER ON DOVER/GREENMEADOW RECONSTRUCTION PROJECT
         
Town Engineer Steven Tanner noted that the Dover/Greenmeadow Drive Reconstruction Project was well under budget and there will be a deduct change order submitted at the next meeting.
 
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-01
West Seneca, NY 14224                                                          January 3, 2013
                                                                                      Page eight . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          ELECTRICAL BID FOR TOWN HALL HANDICAPPED ACCESSIBILITY PROJECT
         
Councilman Rusinski referred to the bids for the Town Hall Handicapped Accessibility Project and noted there was a disparity on the electrical portion of the bid between the minutes from the bid opening and the memo from Town Engineer Steven Tanner.
 
Mr. Tanner stated he would check on this but he was certain the bid amount from Frey Electric was $63,950 and the amount in the minutes must be a typo.
 
EXECUTIVE SESSION
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 4:15 P.M. to discuss a personnel issue.
 
Ayes: All                                   Noes: None                               Motion Carried
 
The board members returned from Executive Session at 4:20 P.M.
 
ADJOURNMENT
 
          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 4:20 P.M.
 
                    Ayes: All                                  Noes: None                               Motion Carried
 
 
_______________________________________
                                                                              JACQUELINE A FELSER, TOWN CLERK

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