Town Board Minutes

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

 

 

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 Senior Recreation Therapist of Senior Services Mary Josefiak.

 

ROLL CALL:          Present    -   Sheila M. Meegan              Supervisor

                                                Eugene P. Hart                  Councilman

                                                William P. Hanley, Jr.        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 Edward Mader, Maureen Kline and Barbara Beimler.

 


15-A  MINUTES TO BE APPROVED

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the July 13, 2015 work session.

 

Ayes: All                                    Noes: None                               Motion Carried

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2015-14 of July 13, 2015.

 

Ayes: All                                    Noes: None                               Motion Carried

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the July 16, 2015 bid opening for the Heather Hill/Pamela Court Reconstruction Project.

 

Ayes: All                                    Noes: None                               Motion Carried

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the July 17, 2015 special meeting.

 

Ayes: All                                    Noes: None                               Motion Carried

 


§ 

Motion by Supervisor Meegan, seconded by  Councilman Hart, to approve minutes from  the July 21, 2015 bid opening for the 2015 Phase 4 Sanitary Sewer Rehabilitation Project.

 

Ayes: All                                    Noes: None                               Motion Carried

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

                                                                                      Page two . . .

 

15-A  MINUTES TO BE APPROVED

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the July 15, 2015 bid opening for Repair of Concrete Storm Damage.

 

Ayes: All                                    Noes: None                               Motion Carried

 

15-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 ON NORTH DRIVE, BEING PART OF LOT NO. 426, CHANGING ITS CLASSIFICATION FROM R-65 TO R-50A, FOR CONSTRUCTION OF A TOWN HOME DEVELOPMENT” in the Town of West Seneca, be received and filed.    

                                                                                      (1000 Queens Landing LLC)

 

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

 

Attorney Ralph Lorigo represented the petitioner and referred to the 34 acre property that is an extension of North and South Drives and was previously approved for a 75-lot duplex subdivision. The current request is to construct 150 zero lot line double unit townhomes that will have separate utilities to each property and be owner occupied. The developer discussed the sewer issue with the Town Engineer and paid for a substantial study to be completed that indicated there is sufficient capacity for sewer and water. The developer also agreed to do 4:1 remediation. Three different layouts were proposed resulting in different looks throughout the project. Mr. Lorigo stated this project was stalled in order to find an economically feasible method and owner occupied townhomes is a more viable plan.  The units will be priced under $200,000 and will raise the town’s assessment base with a substantial tax return. The City of Lackawanna encourages the project and has issued their written approval.

 

Lana Hames commented on loss of green space and air quality concerns and stated the neighborhood does not want this project.  She did not believe they could force the units to be owner occupied and noted the project went from 75 homes to 150 units which will double the cars.  Mrs. Hames questioned if the environmental impact study was updated and thought Lackawanna City Hall was unaware of updates to the project.  She further questioned if there are sufficient sewer taps and if the 4:1 remediation can be enforced.

 

Supervisor Meegan stated the environmental impact study was updated. The Mayor of Lackawanna had reached out to the town with concerns and they were addressed by the developer.

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

                                                                                      Page three . . .

 

15-B  LEGAL ITEMS

 

   1.    (continued)

 

          Mr. Lorigo confirmed there was a conversation with Lackawanna city representatives and they are satisfied.  There is sufficient sewer capacity and the 4:1 remediation will take place.

 

          Code Enforcement Officer John Gullo noted the 4:1 remediation is done upfront.

 

Mrs. Hames questioned where the development will begin and stated she would like to keep the area in front of her home on North Drive as green space.  She further stated she does not want trees in the right-of-way destroyed and expressed concern that there is no more green space in her neighborhood.

 

William Tuyn of 1000 Queens Landing LLC responded a new street will start from the end of existing streets and will move to the interior of the property in phases. The street will be constructed first followed by the construction of townhouses, including construction of a model home.  They will be building homes on South Drive and the back yards will be facing Mrs. Hames’ home. Mr. Tuyn indicated the location on the plans and stated townhouses will be 130 feet away from her home.

 

Supervisor Meegan stated the Town Board cannot deny someone who owns property the right to develop it.  She thought this project will enhance the neighborhood and be a positive for the town, noting the 4:1 remediation required by the contractor will assist in funding the town’s mandated sewer project.

 

Councilman Hanley commented these are beautiful homes and are constructed for homeowners, not rental units. 

 

Mrs. Hames referred to homes in Amherst that were sinking and thought the soil was unstable at this location.

 

Mr. Gullo stated soil tests must be done and there are new laws and requirements in place to ensure this.

 

Councilman Hart mentioned the new tree ordinance in effect and encouraged the developer to follow it and save as many trees as possible.

 

Mr. Tuyn noted significant conservation areas and green space within the property.

 

Highway Superintendent Matthew English questioned if this development will require public garbage pickup and Mr. Lorigo responded they are public streets.

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

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15-B  LEGAL ITEMS

 

   1.    (continued)

 

Amy Carpenter questioned the street lighting requirements for this project.  Code Enforcement Officer John Gullo responded they must follow what is currently on the books.  Town Attorney John Fenz added it is unfair to this developer to pass rules for their particular project when the updated law is still going through the proper channels to be approved.

 

          Susan Kims questioned the laterals and if there will be one lateral for each unit.  Mr. Lorigo responded there is a separate lateral and separate utilities for each unit.  Town Engineer Steven Tanner added that 75 taps were approved by the DEC but the developer requested additional taps and must now do 4:1 mitigation.

 

          Linda Chadwell questioned how they can guarantee the units will be owner occupied. 

 

          Supervisor Meegan responded the houses will be sold individually at a cost that will draw homeowners.

 

          Ms. Chadwell stated she lives in the last house on North Drive and questioned how close the back yard of the townhomes will be to her house.

 

          Mr. Lorigo responded they will be 200’ from the back of her house.

 

          Councilman Hanley asked the developer to communicate with the neighborhood throughout construction of the project and Mr. Lorigo stated that can be done through his office.

 

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 Hanley, to adopt the following resolution:

 

WHEREAS, the Town Board of the Town of West Seneca, as the lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, has reviewed Part I of the Short Environmental Assessment Form ("EAF") prepared by the applicant in connection with the proposed rezoning authorizing construction of a 75+/- lot, 150+/- unit townhome development (the "Project"), on the property being part of Lot No. 426, Township 10, Range 7 of the Buffalo Creek Reservation ("Subject Property"), has reviewed the draft completed Part II of the EAF analyzing the potential for the Project to result in any significant adverse environmental impacts, and has otherwise taken a hard look at the potential environmental impacts utilizing the criteria specified in 6 NYCRR 617.7(c); and

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

                                                                                      Page five . . .

 

15-B  LEGAL ITEMS

 

   1.    (continued)

 

WHEREAS, upon such review, the Town Board has not identified any potentially significant adverse environmental impacts associated with the proposed use of the Subject Property, has determined that no Environmental Impact Statement is necessary and that a Negative Declaration is therefore appropriate; and

 

WHEREAS, the Planning Board reviewed the Project on June 11, 2015 and adopted a resolution recommending the grant of the rezoning and the approval of the Project as proposed; and

 

WHEREAS, pursuant to the Town Code, the Town Board further finds that granting a rezoning of the Subject Property to allow for the Project is appropriate for the location and will not adversely affect surrounding properties; now, therefore, be it

 

RESOLVED, pursuant to 6 NYCRR 617.7(a), the Town Board does hereby adopt a Negative Declaration with respect to the Project; and be it further

 

RESOLVED the Town Board hereby adopts Local Law No. 8 for the year 2015, granting a rezoning for the Project from R-65 to R-50A.

 

Ayes: All                                    Noes: None                               Motion Carried

                                                                                                *APPENDICES*

 


2.       

Proofs of publication and posting of legal notice: "OF THE ESTOPPEL NOTICE AND ADOPTED BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE "TOWN"), AUTHORIZING ROAD RECONSTRUCTION AND REPAVING IMPROVEMENTS; ESTIMATING THAT THE TOTAL COST THEREOF IS $1,900,000; APPROPRIATING SAID AMOUNTS THEREFOR; AND AUTHORIZING THE ISSUANCE OF $1,100,000 IN SERIAL BONDS OF THE TOWN AND APPLICATION OF $800,000 CURRENT FUNDS TO FINANCE SAID APPROPRIATION" in the Town of West Seneca, received and filed.

 


3.       

Proofs of publication and posting of legal notice:  "OF THE RECEIPT OF THE INDEPENDENT PUBLIC ACCOUNTANT REPORT OF THE FISCAL AFFAIRS OF THE TOWN OF WEST SENECA FOR THE PERIOD BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014" in the Town of West Seneca, received and filed.

 


4.       

Proofs of publication and posting of legal notice:  "OF THE RECEIPT OF THE REPORT OF THE  EXAMINATION OF THE FISCAL AFFAIRS OF THE TOWN OF WEST SENECA BY THE OFFICE OF THE STATE COMPTROLLER FOR THE PERIOD BEGINNING ON JANUARY 1, 2013 AND ENDING ON DECEMBER 18, 2014" in the Town of West Seneca, received and filed. 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

                                                                                      Page six . . .

 

15-C  TABLED ITEMS




 


1.   

Code Enforcement Officer re LED Temporary Signs


 


 

Remained on the table.

 

15-D  COMMUNICATIONS



 


1.     

Supervisor Meegan re Creation of Senior Code Enforcement Officer


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to create the position of Senior Code Enforcement Officer and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried


 

   2.    Supervisor Meegan re Title change for John Gullo


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the title of John Gullo from Code Enforcement Officer to Senior Code Enforcement Officer effective July 28, 2015 with no change to his current salary and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

On the question, Councilman Hart questioned why the title was changed.  Supervisor Meegan responded that John Gullo passed the senior code enforcement officer test and this makes him senior to the other two code enforcement officers in the office, which is in line with his position as department head.

 

Ayes: All                                    Noes: None                               Motion Carried

         



 

   3.    Supervisor Meegan re Termination of Mark Hearn

 


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Mark Hearn as Heavy Motor Equipment Operator effective July 18, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried


 

   4.    Town Attorney re Adoption of Post Issuance Compliance Policies and Procedures

 


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached Post Issuance Compliance Policies and Procedures related to the town’s tax exempt obligation.

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

                                                                                       Page seven . . .

 

15-D  COMMUNICATIONS

 

    4.   (continued)

 

          On the question, Town Attorney John Fenz explained Internal Revenue Code Section 103 refers to specific parts of income that are excluded from taxable income, including municipal-issued bonds which are considered exempt income. IRS regulations require a municipality issuing bonds to follow certain criteria to ensure bonds are tax exempt and funds are used for public rather than private purposes.

 

          Ayes: All                                    Noes: None                               Motion Carried

                                                                                                          *APPENDICES*




 

  5.    Town Attorney re Amended Bond Resolution - $150,000 additional


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached Amended Bond Resolution authorizing additional financing for road reconstruction and repaving improvements (the “Project”); estimating that the total cost thereof is $2,050,000; appropriating $150,000 in addition to the $1,900,000 previously appropriated; and authorizing the issuance of $150,000 bonds of the town to finance said additional appropriation.

 

            On the question, Councilman Hart questioned if there is still a possibility the cost will come in lower. Town Engineer Steven Tanner stated the project is $93,000 over and $150,000 will give them a little extra as a safety net. Mr. Tanner added there is a possibility the project could still come in at the estimated $1,900,000.  Councilman Hanley noted all three bids were over the estimate.

 

          Ayes: All                                    Noes: None                               Motion Carried

                                                                                                          *APPENDICES*

 




   6.    Town Attorney re Service Agreement with Erie County SPCA


 


Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt a resolution authorizing the Supervisor to execute the attached agreement on behalf of the Town of West Seneca (the “Town”) whereby Erie County Society for the Prevention of Cruelty to Animals (“SPCA”) agrees to coordinate adoption, euthanization and disposal services of dogs.

 

            On the question, Councilman Hanley questioned if any other fees are associated with this agreement and Town Attorney John Fenz responded there are no other fees.

 

          Ayes: All                                    Noes: None                               Motion Carried

                                                                                                          *APPENDICES*

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

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15-D  COMMUNICATIONS




 

   7.    Town Attorney re Service Agreement Renewal with Rural Metro Medical Services

 


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt a resolution authorizing the extension of the attached agreement with LaSalle Ambulance, Inc. (Rural Metro) to July 31, 2016 for emergency and non-emergency transportation services to the residents of the town.

 

            On the question, Councilman Hart questioned if there are any charges to the town and Town Attorney John Fenz responded this maintains service that has been in place with no costs to the town.

 

          Ayes: All                                    Noes: None                                Motion Carried

                                                                                                          *APPENDICES*




 

   8.    Town Engineer re Recommendation of Award for 2015 Sanitary Sewer Repair Contract


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to award the bid for the 2015 Sanitary Sewer Repair Contract to United Survey, Inc. for a total amount of $3,290,100.00, noting United Survey, Inc. was the sole bidder on this project.

 

            On the question, Councilman Hart questioned if this was for lining of the sewers.  Town Engineer Steven Tanner responded it is for sewer lining. The project was out for bid for five weeks and was advertised in a national construction exchange. There are few contractors equipped to do this work and only United Survey, Inc. submitted a bid.  This company works locally, hires local people and keeps their equipment here.

 

          Ayes: All                                    Noes: None                               Motion Carried




 

   9.    Highway Sup’t. re Bid date for Concrete Storm Damage Repair


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of August 7, 2015 at 10:00 A.M. in the Town Clerk’s Office for repair of concrete storm damage divided into four sections throughout the Town of West Seneca, noting that bid packages will be available at the Town of West Seneca Highway Department at 39 South Avenue, West Seneca, between the hours of 7:30 A.M. to 2:30 P.M.

 

On the question, Highway Sup’t. Matthew English stated there was only one bidder on this project so it is being re-bid.

 

Ayes: All                Noes: None            Motion Carried

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

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15-D  COMMUNICATIONS

 



 10.    Chief Denz re Appointment of Gary M. Pauly as Court Security Officer

 


 


Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Gary M. Pauly as Court Security Officer effective July 28, 2015 at a rate of $17 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. 

 

Ayes: All                Noes: None            Motion Carried


 

 11.    Chief Denz re Retirement of Joel D. Fallon, School Resource Officer


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the retirement of Joel D. Fallon and terminate him as School Resource Officer effective July 31, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Officer Fallon is retiring after 27 years of service to the town.

 

On the question, Chief Denz congratulated Mr. Fallon and commented his retirement will leave a big gap in the department.

 

Ayes: All                Noes: None            Motion Carried

 


 12.    Chief Denz re New York State Police Juvenile Officers Association Training Conference


 


Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Detective James Gibbons and one School Resource officer (TBA) to attend the New York State Police Juvenile Officers Association training conference in Syracuse, New York, August 30 – September 4, 2015, noting the total cost of this training should not exceed $2000 and there are sufficient funds in the police training course line item (1.3120.0459) to cover this expense. 

 

Ayes: All                Noes: None            Motion Carried

 


 13.    Chief Denz re Attendance at National Drug Recognition Expert School


 


Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Officer Derek Vasquez to attend Phase 1 of the National Drug Recognition Expert School in Batavia, New York, August 17 - 28, 2015 noting all expenses for this training will be reimbursed by the Governor’s Traffic Safety Committee.   

 

Ayes: All                Noes: None            Motion Carried

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

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15-D  COMMUNICATIONS

 



 14.    Code Enforcement Officer re Application for Electrical Inspection Agency Approval


 


Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize Code Enforcement Officer John Gullo to sign and forward the attached Application for Electrical Inspection Agency Approval as required by National Grid for inspection agencies conducting electrical inspections.

 

Ayes: All                Noes: None            Motion Carried

                                                         *APPENDICES*

 


 15.    Code Enforcement Officer re LED sign at 4130 Seneca Street

 


 


Motion by Supervisor Meegan, seconded by Councilman Hart, to approve placement of an LED sign at 4130 Seneca Street, noting the property owner received a variance from the Zoning Board of Appeals on July 22, 2015.

 

On the question, Councilman Hanley questioned if the property owner has complied with the Zoning Board of Appeals’ stipulations and Code Enforcement Officer John Gullo responded they have.

 

Ayes: All                Noes: None            Motion Carried


 

 16.    Finance Department re Updated Procurement and Purchasing Policy


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached Procurement and Purchasing Policy updated on July 20, 2015.

 

            On the question, Town Attorney John Fenz stated the procurement policy is part of the Town Code but does not reflect current municipal law. Adopting this policy will satisfy the Office of the State Comptroller, but updating the Town Code would be prudent.

 

          Councilman Hart suggested adding a clause to include periodic training for employees involved in the purchasing process.  He further noted amendments to be made in the area of claims approval (all board members must audit claims) and Item #7 & #8 under exceptions to the procurement policy ($500 changed to $2499.99).

 

          Motion by Councilman Hart, seconded by Supervisor Meegan, to amend #7 & #8 in the Procurement and Purchasing Policy to read $2499.99.

 

          Ayes: All                                    Noes: None                               Motion Carried

                                                                                                          *APPENDICES*

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

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15-D  COMMUNICATIONS

 




 17.    Finance Department re Updated Fund Balance Policy


 


Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached Fund Balance Policy updated on July 20, 2015.

            On the question, Councilman Hart stated the purpose of this policy is to set a range that the town’s fund balance will fall within - fund balance is not allowed to fall below 10 percent or rise higher than 20 percent above expenditures.

 

          Supervisor Meegan noted Moody’s Investment Service assigned the Town of West Seneca the highest rating of Aa3 for long-term and MIG-1 for short-term borrowing and stated this assessment of the town’s financial health reflects their commitment to sound fiscal management. Moody’s defines these ratings as indicating the town’s financial position as high quality and of superior credit quality.  Contributing factors to these ratings are continued residential development, commercial growth and a healthy fund balance.  Supervisor Meegan added the town is able to maintain a high level of service to residents while exhibiting fiscal restraint.

 

          Ayes: All                                    Noes: None                               Motion Carried

                                                                                                          *APPENDICES*




 

 18.    Finance Department re Fixed Asset Policy


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached Fixed Asset Policy updated on July 20, 2015.

 

On the question, Councilman Hart noted typographical errors on the second and third pages which will be amended in the adopted policy.  He further stated this policy is required for proper evaluation of fixed assets which is necessary on annual financial statements.

 

Ayes: All                Noes: None            Motion Carried

                                                         *APPENDICES*

 

15-D  REPORTS

 

  • John A Gullo, Senior Code Enforcement Officer’s plumbing report for June 2015 received and filed.

 

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

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West Seneca, NY 14224                                                          July 27, 2015

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15-E  APPROVAL OF WARRANT

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:

 

General Fund - $330,050.00; Highway Fund - $105,806.21; Special Districts - $27,051.21 Capital Fund - $134,326.89 (voucher #’s 88985-90123); Trust & Agency Fund - $46,840.50 (voucher #’s 90053-90161)

 

Ayes: All                                    Noes: None                               Motion Carried

 

 

ISSUES OF THE PUBLIC

 

TOWN LIGHTING LAW

 

Karen Lucachik questioned the status of adoption of a lighting law.

 

Town Engineer Steven Tanner stated lighting requirements should be written into law and he would like to specify that LED lights will be used, although lighting requirements vary within different areas.

 

Councilman Hart questioned if the Planning Board can stipulate LED lights.

 

Mr. Tanner responded they can ask a new developer to use LED lighting but it would be better to have it adopted as a law.

 

Town Attorney John Fenz agreed and added this will give developers clear expectations on lighting requirements without a significant budget impact.  He will discuss this with Code Enforcement Officer John Gullo.

 

PROPERTY MAINTENANCE ON LEXINGTON GREEN

 

Karen Lucachik commented on property maintenance at a house on Lexington Green.

 

Code Enforcement Officer John Gullo stated he is familiar with the property and the owner has applied for a building permit to change the roof line because of continual roof leaks.  Mr. Gullo noted the existing property maintenance issues, which were recently discussed with the property owner’s attorney.  The owner has been in court because of his property before and will be taken to court again if necessary.

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

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ISSUES OF THE PUBLIC

 

FIXED ASSET POLICY

 

Amy Carpenter questioned if items on the fixed asset policy will be filed with the Town Clerk so it can be accessed at all times.  Councilman Hart replied the Finance Office generally collects and maintains this information but it could also be filed with the clerk.

 

SENECA PLACE FEASIBILITY STUDY

 

Susan Kims referred to the Seneca Place Feasibility Study and questioned if funds borrowed from the sewer bond have been paid back.  Councilman Hart replied there are ongoing discussions to have it remediated.

 

TEMPORARY LED SIGNS

 

Susan Kims questioned the tabled item regarding LED signs and thought it would be prudent to establish a code for temporary signs, including a time limit.

 

Code Enforcement Officer John Gullo stated temporary signs are part of the ordinance. LED signs are not specified, but they do require Zoning Board of Appeals and Town Board approval.  Mr. Gullo added this item will be reviewed during the process of updating the Town Code.

 

Mrs. Kims questioned if Schwabl’s still has a temporary sign and Mr. Gullo responded their request is only for special occasions.

 

YOUTH ENGAGED IN SERVICE (YES) PROGRAM

 

Susan Kims questioned if Youth Engaged in Service (YES) is a town or school program and if funding is received.  Supervisor Meegan responded YES is a town program with $23,000 in funds received and they are a big part of many town functions.

 

RECREATION/KIWANIS YOUTH CENTER STATUS

 

Susan Kims requested an update on the Recreation Department and the status of the Kiwanis Youth Center.

 

Supervisor Meegan responded the staff has moved to Mill Road, but the Kiwanis building remains open and will be used until the beginning of October. Recreation staff that worked upstairs at the Kiwanis building moved to Mill Road ahead of schedule due to the presence of bird lice in the air conditioning unit. FEMA has instructed the building to come down, but the downstairs is safe to be occupied and the facilities are in working order. Summer Day Camp is operating out of the ice rink.

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

                                                                                      Page fourteen . . .

 

 

ISSUES OF THE PUBLIC

 

RECREATION/KIWANIS YOUTH CENTER STATUS   (continued)

 

Youth Service Coordinator Lauren Masset stated they are officially moved in at Mill Road with no complaints.  She added day camp is going well; it is currently in week 5 and operating at the full capacity of 90.

 

BURCHFIELD COMFORT STATION/SENIOR CENTER UPDATES

 

Susan Kims questioned if the comfort station was open at Burchfield and if the senior center restrooms were completed yet.  Supervisor Meegan responded the comfort station is opening tomorrow morning and the senior center work is expected to be finished next week.

 

POST ISSUANCE COMPLIANCE POLICIES AND PROCEDURES

 

Susan Kims requested clarification on item #4 and what constitutes private use of facilities.  Town Attorney John Fenz stated the policy looks to make sure a municipality doesn’t build a specific building for an outside entity and to further ensure there is a public purpose in its construction.  Councilman Hart added a public building can be used for a private purpose but this must be reported to the IRS.

 

 

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

          GIRLS SOFTBALL FAST PITCH WORLD SERIES

Supervisor Meegan stated Buffalo Niagara Sports invited West Seneca to host the National Softball Association Girls Fast Pitch World Series in 2016.  Town Attorney John Fenz will invite them to present their proposal at the next work session.

          UPCOMING EVENTS AT THE LIONS BANDSHELL

Youth Service Coordinator Lauren Masset reminded the public of free events at the Lions Band Shell.  Tai Chi classes will take place on August 4th  & 11th  at 5:30 P.M. and she thanked the sponsors of Movie Night in the Park showing Dolphin Tale 2 on August 28th at 8:15 P.M.

          Councilman Hanley recognized the Buildings & Grounds Department for cleaning up the Band Shell for the summer concert series in the park. Councilman Hart added Terry Buchwald will perform at the Band Shell on Thursday, July 30th and various social clubs will provide food for the event.

         

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-15

West Seneca, NY 14224                                                          July 27, 2015

                                                                                      Page fifteen . . .

 

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

          NARCAN TRAINING

Councilman Hart stated he took the recent Narcan training offered at Vigilant Fire Hall and recommended others take the course.  Code Enforcement Officer John Gullo explained the “Good Samaritan Law” that protects an individual from liability if they assist someone suffering from an overdose, as long as the assistance doesn’t go beyond their training point.

EXECUTIVE SESSION

Motion by Supervisor Meegan, seconded by Councilman Hanley, to recess to executive session at 8:40 P.M. to discuss three personnel issues.

Ayes: All                                    Noes: None                               Motion Carried

The board members returned from executive session at 9:30 P.M.  

ADJOURNMENT

 

          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:30 P.M.

 

          Ayes:  All                                   Noes: None                               Motion Carried

 

 

 

 

          _______________________________________

 JACQUELINE A FELSER, TOWN CLERK

 

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