Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
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 to the Flag led by Highway Supt. Matthew English.
ROLL CALL: Present - Sheila M. Meegan Supervisor
John M. Rusinski Councilman
Eugene P. Hart Councilman
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 Iris Rommel, Dorothy Gossel and Donna Scioli Schalberg.
17-A MINUTES TO BE APPROVED
· Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve Minutes #2013-16 of July 29, 2013.
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 HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2013-05, CREATION OF TOWN OF WEST SENECA ARCHITECTURAL COMMISSION” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
Ayes: All Noes: None Motion Carried
Paula Minklei urged the Town Board not to adopt the proposed local law creating a commission that will not have the power to do as it claims. She stated the intent of the law is to foster smart growth, development and improvements within the town and this is also the rationale behind the Comprehensive Master Plan which after three years of planning and much citizen input was adopted nearly seven years ago. Mrs. Minklei noted that the Master Plan has the force of New York State law behind it and is recognized by the state as a plan to regulate land use for the purpose of protecting the public health, safety and general welfare of our residents. As required by state law it includes identification of goals, objectives, principles, guidelines and policies upon which development and redevelopment should be based. The plans, policy statements and recommendations are guidelines to be used by the Town Board, Planning
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page two . . .
17-B LEGAL ITEMS
1. (continued)
Board & Zoning Board of Appeals. The plan must be taken into consideration by a governmental agency doing projects in our community. Mrs. Minklei commented that although the Master Plan has been mostly ignored, it is an existing tool prepared for the same reasons as the proposed commission. There have been many requests that the Master Plan be reviewed, revised if necessary and properly used. She thought it was important to have a well understood Comprehensive Plan in place to avoid mistakes of the past and make future decisions less dependent on politics and strongly urged the Master Plan be updated rather than adopt this proposed local law, stating this would be another useless layer of bureaucracy.
Councilman Hart agreed that the Master Plan needs to be updated and used more frequently but he supported establishing an architectural commission because of serious changes that will be happening in town that will require attention. Initially the commission will only make recommendations, something that may change in the future. He referred to the architectural planning in Orchard Park, Hamburg and East Aurora and commented that West Seneca needs more of this type of consistency.
Town Attorney Shawn Martin stated the language for this commission was based on comments from Code Enforcement Officer John Gullo and review of other communities and their ideas. Once established the commission will consist of a group of individuals with certain skills and backgrounds providing guidance and making recommendations and nothing will prohibit them from using the Comprehensive Plan.
Councilman Rusinski stated establishment of the architectural commission will enhance and work in tandem with the Master Plan to promote consistency and direction.
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 attached Local Law 2013-05 creating the Town of West Seneca Architectural Commission.
Ayes: All Noes: None Motion Carried
*APPENDICES*
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page three . . .
17-C TABLED ITEMS
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1. Supervisor Meegan re Snow removal and de-icing of Erie County Roads
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Motion by Supervisor Meegan, seconded by Councilman Hart, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to adopt the attached resolution objecting to the 4.5 percent fee reduction with regard to snow removal and de-icing of Erie County Roads.
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On the question, Highway Sup’t. Matthew English stated the county has been giving the towns a 5 percent fee for plowing and salting certain county roads; however, this year the county does not want to pay the towns. The Erie County towns have been expressing their objection and the county is now offering to pay .5 percent, a 4.5 percent reduction.
Councilman Hart questioned what will happen if the town tells the county they will not plow county roads.
Mr. English listed the county roads the town plows that will not be plowed if this is not settled, noting that this involves tens of thousands of dollars in revenue for the town.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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2. Supervisor Meegan re Feasibility study for former Seneca Mall site
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Motion by Supervisor Meegan, seconded by Councilman Hart, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a feasibility study regarding the proposed development of the former Seneca Mall site at a cost not to exceed $30,000 from Programmed Maintenance line item #03.8100.0445.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page four . . .
17-D COMMUNICATIONS
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1. Supervisor Meegan re Removal of unsafe conditions at 3894 Seneca Street
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Motion by Supervisor Meegan, seconded by Councilman Hart, to conduct a hearing with regard to removal of unsafe conditions at 3894 Seneca Street, noting the conditions set forth in Chapter 57 of the Town Code have been met without any responsible person replying.
Ayes: All Noes: None Motion Carried
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Councilman Rusinski stated he supports holding the banks and property managers accountable for dilapidated and unsafe structures in the town and he commended the board members and town departments for their unified approach to this issue.
Councilman Hart commented there are approximately 90 buildings in the town that are vacant and Code Enforcement Officer John Gullo has indicated to the board members there are three additional that need to be addressed.
Mr. Gullo stated not all of the 90 buildings are dilapidated and the problem lies in how long the buildings remain vacant.
Supervisor Meegan stated they have been working aggressively to address these vacant properties, noting she was recently invited to Attorney General Eric Schneiderman’s office and a lawsuit was filed against HSBC on this issue.
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Code Enforcement Officer John Gullo to proceed with the removal of unsafe conditions at 3894 Seneca Street, noting the cost of this action will be assessed against the land on which the building is located.
Ayes: All Noes: None Motion Carried
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2. Town Engineer re Bid date for East & West (Leydecker) Sewer Replacement Project
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to set a bid date of Thursday, August 29, 2013 at 11:00 A.M. for receipt of bids on the East & West (Leydecker) Sewer Replacement Project.
Ayes: All Noes: None Motion Carried
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On the question, Councilman Hart questioned if this was more than sliplining and how long it will take to complete the project. Town Engineer Richard Henry responded that this is a complete replacement project and the timeframe is based on the time of year the work is done. The project is the next phase in complying with the consent order.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page five . . .
17-D COMMUNICATIONS
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3. Highway Supt. re Purchase requiring Town Board approval
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the purchase of one (1) Hyundai HL757-9 Wheel Loader with Cummins B6.7C diesel engine at a total cost of $151,332 noting this purchase is off the current New York State Contract List and funding is available in the Highway Reserve Fund.
Ayes: All Noes: None Motion Carried
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4. Highway Supt. re Budgetary amendment request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budget amendment increasing concrete curbing repairs #002.5110.0445 in the amount of $21,375 and noting the source of funding for this request is the unreserved, assigned fund balance.
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On the question, Councilman Hart questioned how many curb repairs this involves.
Highway Supt. Matthew English responded this is for all the concrete work done within the town.
Ayes: All Noes: None Motion Carried
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5. Chief Denz re Purchase requiring Town Board approval
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the purchase of one (1) Speed Alert 18 Radar Traffic Monitoring and Message Sign from All Traffic Solutions at a total cost of $6,130, noting this will replace the current speed trailer that is no longer operational and there is sufficient funding in budget line 1.3120.0210.
Ayes: All Noes: None Motion Carried
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6. Town Clerk re Status change for part-time clerks L. Fischione & M. Pomana to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerks Laurine Fischione and Margaret Pomana to part-time seasonal effective August 12 – November 30, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Councilman Hart questioned the purpose for the extra hours.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page six . . .
17-D COMMUNICATIONS
6. (continued)
Town Clerk Jacqueline Felser responded that hunting licenses go on sale August 12th followed by collection of school taxes beginning in September so extra help is needed in the office.
Ayes: All Noes: None Motion Carried
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7. Finance Director re JP Morgan Chase purchasing card system
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the request to upgrade the commercial card program and implement a purchasing card system with JP Morgan Chase effective immediately.
Ayes: All Noes: None Motion Carried
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8. Highway Supt. re Termination of Jamie Lang
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Received and filed.
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9. Chief Denz re Budgetary amendment request
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve a budget amendment increasing Various Police Equipment #1.3120.0210 in the amount of $7,296.90, noting the source of funding for this request will be Trust and Agency T-71 Police Facility Expansion.
Ayes: All Noes: None Motion Carried
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10. Supervisor Meegan re Grant application for development of Strategic Development Plan
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to adopt the attached resolution authorizing Grantwriter Connie Miner to submit a grant application for development of a Strategic Development Plan.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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11. Supervisor Meegan re SEQRA determination for Economic Development Plan
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Motion by Councilman Rusinski, seconded by Councilman Hart, to adopt the attached resolution concerning SEQRA determination for an Economic Development Plan.
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On the question, Councilman Hart questioned if this was related to the feasibility study for the Seneca Mall site.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page seven . . .
17-D COMMUNICATIONS
11. (continued)
Town Engineer Richard Henry responded the Seneca Mall site is included but this is intended to be townwide. There has to be a SEQR determination in order to submit the application and the deadline is August 12, 2013 at 4:00 P.M.
Supervisor Meegan stated some of the areas involved are the industrial park, the state school, the Seneca Mall site and the Seneca Street city line area.
Town Attorney Shawn Martin noted this is the town’s study for its own analysis and any further project has to undergo its own SEQR determination.
Ayes: All Noes: None Motion Carried
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12. Highway Supt. re Termination of inactive employees
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate the following list of inactive employees effective August 6, 2013:
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Part-time Highway Department laborers
Christopher Jerge Kennedy Monaco James Zasowski
Part-time Buildings & Grounds Department laborers
Andrew Breen Jacob Ciulla Kelsey Dellaneve
William Heusinger Joseph McNamara Ethan Murphy
John Scanlon
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
17-E APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
General Fund - $71,800.05; Highway Fund - $77,599.28; Special Districts - $34,133.47 (voucher #’s 79166-79740); Void and re-issue Operating Voucher, General Fund - $88.14 (voucher # 79642); Capital Fund - $775.00 (voucher # 79623)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page eight . . .
ISSUES OF THE PUBLIC
STATUS OF CLINTON STREET – LAKESIDE DRIVE LAWSUIT
Amy Carpenter questioned the status of the Clinton Street - Lakeside Drive lawsuit.
Supervisor Meegan responded it has been determined the area is not considered spot zoning.
STATUS OF SCHOOL STREET PROPERTY
Amy Carpenter questioned if a determination was made regarding the School Street property.
Town Attorney Shawn Martin responded that he met with the town’s auditor, Wayne Drescher, and reviewed figures that have been agreed to by both the town and AmeriCorps. The drafted agreement should mirror what is now being paid and just extend the payments. Increasing the amount of the current monthly payment could shut AmeriCorps down, something the town does not want to do.
SENECA MALL SITE
Amy Carpenter suggested the Seneca Mall site zoning be changed from industrial to commercial.
Councilman Hart responded that this request was made earlier in the year by the property owners and it is the intention of the board to make this change.
STATUS OF AMERICORPS PAYMENTS
Karen Lucachik questioned the status of the AmeriCorps payments.
Finance Director Patrick Clancy responded that all payments are up-to-date.
FORECLOSED HOMES
Karen Lucachik questioned why signs are posted on the front door of vacant homes and expressed concern that the signs indicate the residence is empty.
Code Enforcement Officer John Gullo responded that state law dictates a decal has to be placed on buildings. The decal is beneficial for first responders and could be one of many required stickers being displayed.
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West Seneca, NY 14224 August 5, 2013
Page nine . . .
ISSUES OF THE PUBLIC
WORK SESSIONS
Karen Lucachik questioned why there is no agenda or minutes for work sessions and if they are always going to be held in the afternoon.
Supervisor Meegan responded that generally all department heads are present for work sessions and conversations are based on issues and topics they would like to discuss. Work sessions will continue to be held in the afternoon.
Town Clerk Jacqueline Felser stated work session minutes are available online.
GARBAGE TOTES
Karen Lucachik referred to a Buffalo News article from a Depew resident stating their garbage totes are not all that great. Senior citizens and other residents stated the totes are heavy, cumbersome and difficult to maneuver and they were not offered smaller size totes.
Highway Supt. Matthew English responded that residents will be offered smaller totes.
FEASIBILITY STUDY
Linda Toy referred to the feasibility study resolution passed earlier in the meeting and commented that important things such as this should be listed on the agenda.
Supervisor Meegan responded paperwork for the feasibility study was just received today and there is a sense of urgency because the study involves the filing of a grant application.
IMPROVEMENTS AT SENIOR CENTER
Brownie Michalczak thanked everyone involved with the kitchen improvements at the Senior Center and commented that the bathrooms have been repainted and are functional, but they have not been refurbished in years. He would like to see updates when money is available and offered to help look for grant funding. Mr. Michalczak further commented on the noise and smell created from asphalt plants and hoped the town would not consider them in future development.
Johanna Guenther questioned if the board has decided to put two handicapped toilets at the senior center.
Highway Supt. Matthew English responded that a riser was placed on one of the toilets.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-17
West Seneca, NY 14224 August 5, 2013
Page ten . . .
ISSUES OF THE PUBLIC
SEWER ISSUES IN OAKBROOK DEVELOPMENT
Thad Klaich spoke on behalf of residents on Oakbrook, Northridge & Southridge Drives. For several years this area has been experiencing sewer issues such as runoff water from Carriage Park, flooding in back yards and raw sewage backing up into basements. Mr. Klaich was in contact with various departments but had not received a response since he last spoke to town representatives on July 16th.
Supervisor Meegan stated she will talk to Town Engineer Richard Henry and determine a course of action.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
AMERICAN LEGION BASEBALL TEAM
Highway Supt. Matthew English congratulated the West Seneca American Legion baseball team for winning the state championship.
NATIONAL NIGHT OUT
Chief Denz noted that National Night Out will be held at Southgate Plaza on August 6, 2013, 5 – 9 P.M.
HISTORICAL BUILDING ON MILL ROAD LISTED WITH NATIONAL REGISTRY
Supervisor Meegan announced that notification was received on June 25, 2013 that the historical building located at 919 Mill Road was listed with the National Registry, an official list of properties worthy of preservation. Listing on the registry recognizes the importance of a particular piece of property and provides it with a measure of protection. Properties owned by municipalities are eligible to apply for state historical preservation matching grants.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:00 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK