Town Board Minutes
1250 Union Road Minutes #2017-14
West Seneca, NY 14224 July 24, 2017
Supervisor Sheila M. Meegan called the meeting to order at 3:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Mitch Martin.
ROLL CALL: Present - Sheila M. Meegan Supervisor
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 Vincent Sorrentino.
14-A MINUTES TO BE APPROVED
- Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the July 10, 2017 work session.
Ayes: All Noes: None Motion Carried
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2017-13 of July 10, 2017.
Ayes: All Noes: None Motion Carried
14-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 LOCAL LAW NO. 4 – SIGN ORDINANCE” 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
Molly Gaudioso of Steinmetz Consulting Group gave the attached power point presentation and summarized the proposed updates to the sign ordinance. She stated the First Amendment is a big consideration as to what can and cannot be legally regulated. The sign ordinance cannot regulate the content of signs, so sections that were not content neutral were removed. Standards and expectations for signs with regard to the material and maintenance have also been updated.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-14
West Seneca, NY 14224 July 24, 2017
Page two . . .
14-B LEGAL ITEMS
1. (continued)
Code Enforcement Officer John Gullo stated he along with Joe Frontera, Bill Bauer, Amy Kobler, Eugene Hart and John Fenz were part of the committee that reviewed the current ordinance and proposed updates. They received many comments throughout the process and a more user friendly plan was created.
Councilman Hart stated this ordinance clarifies the issues of free speech. Implementation of the new ordinance will also make the town more eye appealing as it falls in line with the Comprehensive Plan and design standards.
Susan Kims questioned how many billboards are currently in town and if they are all located in an M-1 or M-2 zoning district. She further questioned if the existing billboards can be converted to electronic without going before the board.
Code Enforcement Officer John Gullo stated the number of billboards is documented in his office and there may be one or two that were a pre-existing use. Ms. Gaudioso stated if a billboard is outside of an M-1 or M-2 zoning district it cannot be converted without going before the board. It would be a change in the type of sign which would require a permit.
Motion by Supervisor Meegan, seconded by Councilman Hart, to hold the public hearing open until the August 7, 2017 meeting.
Ayes: All Noes: None Motion Carried
2.
Proofs of publication and posting of legal notice: “OF RECEIPT OF THE INDEPENDENT AUDIT OF THE FISCAL AFFAIRS OF THE TOWN OF WEST SENECA FOR THE PERIOD BEGINNING ON JANUARY 1,2016 AND ENDING ON DECEMBER 31, 2016” in the Town of West Seneca, received and filed.
14-C TABLED ITEMS
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1. Town Attorney re Restricted use permit for Jim Collins Heating & Cooling, Inc. |
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Motion by Councilman Hart, seconded by Supervisor Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
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Motion by Supervisor Meegan, seconded by Councilman Hanley to adopt the following resolution approving a restricted use permit for Jim Collins Heating & Cooling, Inc.:
1250 Union Road Minutes #2017-14
West Seneca, NY 14224 July 24, 2017
Page three . . .
14-C TABLED ITEMS
1. (continued)
WHEREAS, on August 12, 1991 the Town of West Seneca accepted the Final Environmental Impact Statement for the West Seneca Industrial Park that was prepared by Waste Resource Associates, Inc.; and
WHEREAS, the Town of West Seneca received an application for a restricted use permit from Jim Collins Heating & Cooling, Inc. to develop a 5000 sf one-story heating and cooling supply warehouse facility and paved surface parking lot in the West Seneca Industrial Park; and
WHEREAS, this application was considered by the Industrial Park Review Committee on April 18, 2017 and all conditions of review have been met; and
WHEREAS, the Town Board of the Town of West Seneca, as lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, has reviewed the Final Environmental Impact Statement (“FEIS”) for the West Seneca Industrial Park Overlay District and the Short Environmental Assessment Form, 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
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 and has determined the project is consistent with the FEIS and no further environmental impact statement is necessary; and
WHEREAS, the Industrial Park Review Committee reviewed the project on April 18, 2017 and the Senior Code Enforcement Officer recommended the restricted use permit be granted; and
WHEREAS, pursuant to Town Code, the Town Board further finds that granting a restricted use permit for 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, the Town of West Seneca certifies that any environmental impacts resulting from the project are consistent with the provisions of the FEIS and the proposed action is not anticipated to result in any significant negative effect on the environment and a Negative Declaration is hereby issued; and be it further
RESOLVED, the Town Board hereby grants to the applicant a restricted use permit for the Industrial Park Overlay District.
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-14
West Seneca, NY 14224 July 24, 2017
Page four . . .
14-C TABLED ITEMS
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2 Recreation Supervisor re Agreement with South Buffalo Rugby
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Remained on the table. |
14-D COMMUNICATIONS
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1. Supervisor Meegan re Appointment of Melissa Nirelli part-time clerk |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Melissa Nirelli as part-time clerk at a rate of $14 per hour effective July 18, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
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2. Supervisor Meegan re Salary increase for Diane Webber
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the salary of part-time clerk typist Diane Webber to $14 per hour effective July 24, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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3. Town Engineer re Sanitary sewer rehabilitation project SEQRA review |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached SEQRA resolution and determination of Type 2 action relative to the sewer rehabilitation to phases 5 through 10 of the town sewer system.
Ayes: All Noes: None Motion Carried *APPENDICES*
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4. Town Engineer re Queens Landing Subdivision – addition of hydrants |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to acknowledge on behalf of the fire district addition of eight new hydrants at the proposed Queen’s Landing Subdivision and resolve to pay the hydrant fee that will be charged by Erie County Water Authority (ECWA) in the amount of $220.09 per hydrant, per year in this ECWA direct service area.
Ayes: All Noes: None Motion Carried |
1250 Union Road Minutes #2017-14
West Seneca, NY 14224 July 24, 2017
Page five . . .
14-D COMMUNICATIONS
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5. Highway Sup’t. re Purchase of Dirkson Avenue playground equipment
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the purchase of a Tot’s Choice 3 Deck System for the Dirkson Avenue playground from Miracle Recreation Equipment at a cost of $20,679.00, noting pricing for this new playground equipment is based on state bid #030117-LTS and the town has been reimbursed through its insurance carrier so the purchase will incur no cost to taxpayers.
Ayes: All Noes: None Motion Carried
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6. Highway Sup’t. re Termination of Jason Lons as part-time laborer |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Jason Lons as part-time seasonal laborer effective July 13, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
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7. Town Clerk re Status change for Margaret Pomana & Ellen Zawodzinski to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerks Margaret Pomana & Ellen Zawodzinski to part-time seasonal effective August 1 – November 3, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
14-E REPORTS
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John Gullo, Code Enforcement Officer’s building & plumbing reports for June 2017 received and filed.
14-D 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 - $184,418.03; Highway Fund - $23,763.87; Special Districts - $6,098.52; Capital Fund - $106,253.65 (vouchers 100264 - 100891) Trust - $268,634.98 (vouchers 100926 - 100967)
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-14
West Seneca, NY 14224 July 24, 2017
Page six . . .
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hanley, to recess to executive session at 3:30 P.M. to discuss two items of litigation and one contractual matter.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 3:40 P.M.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate the workers compensation contract with Pomco Services as third party administrator effective August 23, 2017.
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
SUNSHINE PARK
Arlene Weckel questioned when the town will place a permanent barrier at the new ball diamond at Firemen’s Park on East & West Road to protect residents and vehicles from flying balls. Ms. Weckel further asked the Police Department to enforce the speed limits on East & West Road and Angle Road.
Highway Sup’t. Matthew English stated he contacted Tim Little of the Youth Baseball Association who stated only small children are supposed to be playing on the new diamond. Mr. English suggested that residents contact the Police Department if they see someone other than small children playing on that field. Town workers have also been instructed to remove individuals that should not be on the diamond and signs have been posted that a permit is required to use the diamond.
Supervisor Meegan stated the diamond was designed and installed by Local 17 with the idea that it would be for younger kids to play on.
Councilman Hart suggested changing the design to put home plate at the other side.
Councilman Hanley stated board members will work with Mr. English to attempt to resolve this issue.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
CHRISTMAS IN JULY
Senior Recreation Therapist of Senior Services Mary Josefiak stated the senior center will be hosting Christmas in July on Tuesday, July 25th at the facility.
1250 Union Road Minutes #2017-14
West Seneca, NY 14224 July 24, 2017
Page seven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
MOVIE IN THE PARK
Recreation Supervisor Lauren Masset announced the following Movie in the Park events: “Moana” on August 25th and “Sing” on September 1st.
EMPLOYMENT OPPORTUNITIES
Recreation Supervisor Lauren Masset stated the Recreation Department is accepting applications for rink guards and family swim lifeguards.
CYC/GAELIC GAMES
Councilman Hart stated the Continental Youth Championship Gaelic Games will be held July 27th – 30th at the soccer park. There will be no parking in the immediate area; a shuttle bus will be available at West Senior High School to transfer people to the soccer park.
CELEBRATE SUMMER
Councilman Hanley stated the Lion’s Club is hosting “Celebrate Summer,” a free concert at the Band Shell on Thursday, July 27th.
WEST SENECA FARMERS MARKET
Supervisor Meegan stated the Farmers Market will be hosting another Kids Day on Thursday, August 24th.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 4:00 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK