Town Board Minutes

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

 

 

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 Code Enforcement Officer John Gullo.

 

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 Mark Cuthbert, Robert Giza, Charles Stutz and Mary Pat Redmond.

 

3-A    MINUTES TO BE APPROVED

 

§   Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2017-02 of January 23, 2017.

 

Ayes: All                                    Noes: None                               Motion Carried

 

3-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 PERSONS INTERESTED IN LOCAL LAW NO. 2017-01 – DESIGN STANDARDS” in the Town of West Seneca, be received and filed.

 

    Ayes: All                                    Noes: None                               Motion Carried

 

    Motion by Supervisor Meegan, seconded by Councilman Hanley, to open the public hearing.

 

    Ayes: All                                    Noes: None                               Motion Carried

 

John Steinmetz of Steinmetz Consulting gave a power point presentation on the proposed design standards that have been developed to improve the appearance of the town and address the needs of pedestrians and bicyclists.  Zoning of properties will remain the same and there is no intent to create a preservation or historic district or landmark buildings.  They are not trying to restrict traffic or narrow lanes but are trying to enhance the public realm, the area between private property and the public right-of-way, and move forward in a unified way.  The proposed design standards will apply to non-residential and multi-family dwellings.

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

                                                                             Page two . . .

 

3-B    LEGAL ITEMS

 

   1.    (continued)

 

Paul Pitlock questioned how this will affect the speed limit on Union Road.  Town Attorney John Fenz advised the design standards only deal with land use issues and do not directly affect the speed limit.  Councilman Hart stated currently New York State determines the speed limit on Union Road and it may calm the traffic.

 

A resident stated he is not opposed to improving the appearance of the town, but questioned why the Town Board should dictate to business owners how to present their buildings. 

 

Supervisor Meegan stated many municipalities have design standards and businesses conform in those communities.  The town will also offer a financial incentive for businesses to conform.

 

Town Attorney John Fenz stated under Section 45(b) of the Real Property Tax Law, incentives can be offered to commercial businesses when they alter, improve or reconstruct their property.  Businesses will add value to their property.

 

Councilman Hart stated existing businesses are not required to comply with the design standards plan, but if current businesses comply with the standards the town will help with the cost. This is a 10 year program and the town is trying to encourage development and new businesses to come to West Seneca.

 

Karl Spencer stated he was a citizen member of the advisory committee for the design standards and it was not just the Town Board making the plan.  The Chamber of Commerce, other citizens and business people within the community were involved in the process.  Holding this public hearing is an open process. Mr. Spencer further commented the design standards are a benefit to the community and will bring stability to businesses.

 

Kathy Goodwin commented on the lack of benches from Clinton Street down Union Road.

 

Supervisor Meegan stated that the town has applied for a grant for streetscaping to install benches, change out fixtures, enhance with landscaping and make a walkable community.

 

Councilman Hart stated the Comprehensive Plan started a process that will take years to complete and the town will keep working together to efficiently make changes that will turn our main streets into calm and friendlier places.  The town will also be competing for grants to reduce or avoid any impact on the taxpayers.

 

    Motion by Supervisor Meegan, seconded by Councilman Hart, to table the public hearing until the next meeting.

 

    Ayes: All                                    Noes: None                               Motion Carried

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

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3-C  COMMUNICATIONS

             

1.   Supervisor Meegan re Attendance at NYS Association of Towns annual meeting

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize Supervisor Sheila Meegan, Councilman William Hanley and Town Attorney John Fenz to attend the Association of Towns annual meeting in New York City, February 17 - 21, 2017 at a cost not to exceed $2,000 per person, and further, designate Supervisor Meegan as voting delegate for the Town of West Seneca.

 

Ayes: All                Noes: None            Motion Carried

 

2.   Supervisor Meegan re PBA Car Show/Chamber of Commerce Taste of West Seneca

 

 

                 

 

 

Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the West Seneca PBA Car Show/West Seneca Chamber of Commerce Taste of West Seneca to be held on September 3, 2017, 12:00 PM - 5:00 PM on Town Hall property and authorize execution of needed documents to support closure of Union Road from 8:00 AM - 6:00 PM.

 

Ayes: All                Noes: None            Motion Carried

 

3.   Town Attorney re Public hearing - Veronica Estates  Drainage Benefit Area

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to schedule a public hearing on February 27, 2017 at 7:00 PM to hear all persons interested in creation of Veronica Estates Drainage Benefit Area.

 

            On the question, Town Attorney John Fenz stated pursuant to the town’s stormwater ordinance, storm water retention is required along with maintenance when a subdivision is developed.  A special district is being created for the drainage benefit area and all residents of the subdivision will pay a small tax to maintain the stormwater retention area.

 

          Ayes: All                                    Noes: None                               Motion Carried

 

4.   Town Attorney  re Disbursement Conditions Agreement for Zombie Homes Initiative Grant

 

                                                         

Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the attached agreement with Local Initiatives Support Corporation, noting this agreement sets forth the conditions that must be met to trigger disbursement of $175,000 in grants to the town for its zombie and vacant properties remediation and prevention initiatives.

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

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3-C  COMMUNICATIONS

 

   4.    (continued)

 

On the question, Town Attorney John Fenz stated this is a grant from the Attorney General’s Office that will target at risk homeowners and offer a plan to avoid foreclosure or strategically follow through with the foreclosure while allowing the home to remain marketable and well repaired.  This will allow tracking of the status of zombie homes and how many families have been helped.

 

          Ayes: All                                    Noes: None                               Motion Carried

 

5.   Chief Denz re Status change for part time Public Safety dispatcher Richard Miller to seasonal

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time Public Safety Dispatcher Richard Miller to part-time seasonal effective February 1 - 28, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried

  

6.   Chief Denz re purchase of firearms

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the purchase of forty new Glock firearms from AMCHAR Wholesale, Inc. at the total cost of $8,443.20, noting this purchase replaces the current firearms already in service and past their viable life span and the purchase cost is currently under State Bid pricing.

 

Ayes: All                Noes: None            Motion Carried                                             

7.   Town Clerk re Appointment of Diane Webber as part-time seasonal Records Clerk

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Diane Webber as temporary part-time seasonal Records Clerk at the rate of $20 per hour effective February 6 – June 30, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

            On the question, Supervisor Meegan stated the current Local Government Records Management Improvement Fund grant for digitizing payroll records in the Finance Department allows up to 506 hours for a part-time Records Clerk for verification of records and testing of the index and the work must be completed by June 30, 2017.

 

          Ayes: All                                    Noes: None                               Motion Carried

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

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3-C  COMMUNICATIONS

   

8.   Director of Finance re Budgetary Transfer Request

 

 

 

Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budget transfer of $20,000 from Contingent Acct. #01.1990.480 to Other Economic Opportunity Acct. #1.6989.0451 for funding of the agreement with the West Seneca Chamber of Commerce for the Community Development position for 2017.

 

Ayes: All                Noes: None            Motion Carried

 

9.   Director of Finance re Budgetary Transfer Request

 

 

Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a transfer of $13,952 from Contingent Acct. #01.1990.480 to Other Economic Opportunity Acct. #1.6989.0451 for payment of invoices from Steinmetz for 2016.

 

Ayes: All                Noes: None            Motion Carried

 

10.   Recreation Supervisor re Pay rate increase for Caitlyn

          Demma

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to increase the rate of pay for part-time Recreation Attendant Caitlyn Demma to $12 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried

 

11.   Recreation Supervisor re Pay rate increase for Joanne    McCabe

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to increase the rate of pay for part-time Clerk Typist Joanne McCabe to $11 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

 Ayes: All               Noes: None            Motion Carried

 

  12.   Recreation Supervisor re Appointment of Brohdny Ricketts as Part-time Clerk/Typist

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Brohdny Ricketts as part-time Clerk Typist at a rate of $10 per hour effective February 7, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

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3-C  COMMUNICATIONS

 

 13.   Recreation Supervisor re Catalyst Express Race for a Cause 5K

     

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with Courtney McDermott and USA Track & Field to host the annual Catalyst Express Race for a Cause 5K on Friday, April 28, 2017 beginning at 6:30 P.M., noting this is contingent upon the licensee providing proper insurance no later than April 3, 2017.

 

Ayes: All                Noes: None            Motion Carried

 

14.   Chief Denz re Appointment of Jenna Sullivan as Clerk Typist

 

 

Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Jenna Sullivan as full-time Clerk Typist, Group 2, Step 1, at an annual salary of $28,926.25 effective February 21, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried

 

15.   Town Attorney re Agreement with WNY Law Center

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute an agreement with WNY Law Center that sets forth the milestones and funding requirements for their work performed pursuant to the Zombie Homes Initiative Grant, noting the agreement shall be subject to legal review.

 

Ayes: All                Noes: None            Motion Carried

 

  16.   Town Attorney re Abandonment of paper street - north end of Bayberry Avenue

 

 

Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Town Board and Superintendent of Highways to sign a Statement of Abandonment in a form approved by the Town Attorney declaring the town’s abandonment of a portion of the paper street at the northern terminus of Bayberry Avenue.

 

Ayes: All                Noes: None            Motion Carried

 

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

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3-C  COMMUNICATIONS

 

 17.    Town Attorney re Easement agreement – property adjacent to 266 Union Road

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute an easement agreement with Diane R. Miller for access to a paper street located adjacent to her property at 266 Union Road.

 

Ayes: All                Noes: None            Motion Carried

 

3-D    REPORTS

 

§  Jacqueline A Felser, Town Clerk’s report for January 2017 received and filed

  • John A. Gullo, Code Enforcement Officer’s building & plumbing reports for November & December 2016, January 2017 and 2016 year end

 

3-E   APPROVAL OF 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 - $189,246.00; Highway Fund - $43,453.74; Special Districts – $4,805.29; Capital Fund - $208.424.70 (vouchers 97652-98223)

 

Ayes: All                                    Noes: None                               Motion Carried

 

ISSUES OF THE PUBLIC

 

SINGER DRIVE STREET LIGHTS

 

Eugene Mlodozeniec commented on an issue with street lights out between 82 and 112 Singer Drive and stated he has been contacting the town since December 12, 2016 and they still are not fixed.  Supervisor Meegan stated she will look into this issue and contact Mr. Mlodozeniec tomorrow. Councilman Hart noted all lights in the subdivision will eventually be replaced.

 

VERONICA SUBDIVISION

 

Karen Dusza questioned why there has been no plow service on Veronica Drive to date.  Town Attorney John Fenz stated the developer has not met all the conditions for subdivision approval in order for the town to take dedication of the road and the developer is responsible for plowing until the road is dedicated to town.

 

 

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2017-03

West Seneca, NY 14224                                                          February 6, 2017

                                                                                      Page eight . . .

 

 

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

          RECREATION UPDATES

Recreation Supervisor Lauren Masset stated summer program registration is currently taking place and they are accepting applications for a part-time clerk typist along with volunteers for the West Seneca Youth Board.

ADJOURNMENT

 

          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:00 P.M.

 

          Ayes:  All                                   Noes: None                               Motion Carried

 

 

 

 

          _______________________________________

 JACQUELINE A FELSER, TOWN CLERK

 

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