Town Board Minutes
1250 Union Road Minutes #2017-15
West Seneca, NY 14224 August 7, 2017
Supervisor Sheila M. Meegan called the meeting to order at 7:10 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Paula Minklei.
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 Richard Hartman & Tom Maass.
15-A MINUTES TO BE APPROVED
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2017-14 of July 24, 2017.
Ayes: All Noes: None Motion Carried
15-B HELD OVER PUBLIC HEARING
Re: “LOCAL LAW NO. 4 – SIGN ORDINANCE” in the Town of West Seneca.
No comments were received from the public.
Motion by Supervisor Meegan, seconded by Councilman Hart, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Councilman Hart, seconded by Supervisor Meegan, to adopt the following resolution:
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 Conversation Law, has reviewed Part I of the Short Environmental Assessment Form (“EAF”) prepared by Steinmetz Planning Group in connection with the proposed Local Law 2017-04: Sign Ordinance (“Local Law 2017-04”), has reviewed the draft completed Part 2 of the EAF analyzing the potential for the Local Law 2017-04 to result in any significant adverse environmental impacts and has otherwise taken a hard look at the potential environmental impacts using the criteria specified in 6 NYCRR 617.7(c); and
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West Seneca, NY 14224 August 7, 2017
Page two . . .
15-B HELD OVER PUBLIC HEARING (continued)
WHEREAS, upon such review, the Town Board has not identified any potentially significant adverse environmental impacts associated with the proposed Local Law 2017-04, has determined that no Environmental Impact Statement is necessary and that a Negative Declaration is therefore appropriate; now, therefore, be it
RESOLVED, that pursuant to 6 NYCRR 617.7(a), the Town Board does hereby adopt a Negative Declaration as set forth in Part III of the EAF expressly incorporated herein with respect to the Project; and be it further
RESOLVED, the Town Board hereby adopts Local Law 2017-04.
Ayes: All Noes: None Motion Carried
*APPENDICES*
15-C 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 HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 35 WINSPEAR ROAD FOR A PHYSICAL FITNESS TRAINING STUDIO” 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
Jenifer Stanek stated she is a personal trainer at Fitness 19 and would like to offer people individual training in a setting that does not require a gym membership.
No comments were received from the public.
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 grant a home occupancy permit for property located at 35 Winspear Road for a physical fitness training studio.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 August 7, 2017
Page three . . .
15-C LEGAL NOTICES
2. Motion by Supervisor Meegan, seconded by Councilman Hanley, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 356 LEIN ROAD, BEING PART OF LOT NO. 283, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), TO ALLOW OUTSIDE STORAGE OF VEHICLES” 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
The petitioner was not present at the meeting.
Councilman Hart questioned if this property already has outside storage of vehicles.
Senior Code Enforcement Officer John Gullo responded the neighboring property has outside storage of vehicles and the current proposal for this parcel is for 55 parking spaces to store vehicles that are being held prior to going to auction. The petitioner is aware that a fire lane is required. Mr. Gullo further noted the Planning Board recommended approval of the special permit.
No comments were received from the public.
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 grant a special permit for property located at 356 Lein Road, being part of Lot No. 283, changing its classification from M-1 to M-1(S), to allow outside storage of vehicles, conditioned upon a limit of 55 spaces along the most westerly building and the site must comply with the fire code regarding a fire lane.
Ayes: All Noes: None Motion Carried
15-D TABLED ITEMS
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1. Recreation Supervisor re Agreement with South Buffalo Rugby |
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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 |
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West Seneca, NY 14224 August 7, 2017
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15-D TABLED ITEMS
1. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the necessary documents to enter into an agreement with South Buffalo Rugby for use of Tim Russert Park, contingent upon review and approval by Town Attorney John Fenz.
Ayes: All Noes: None Motion Carried
15-E COMMUNICATIONS
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1. Town Attorney re Order for sidewalk repair |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached resolution ordering the repair of sidewalks at the addresses therein indicated and apportioning the costs to the adjoining property owners in accordance with Section 200–a of Town Law and Chapter 92 of the Town Code.
Ayes: All Noes: None Motion Carried *APPENDICES*
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2. Town Attorney re Conveyance of real property at 1640 East & West Road |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the following resolution accepting conveyance of property from the State of New York: |
WHEREAS, the State of New York (“State”) is the owner of a parcel of property located at 1640 East & West Road in the Town of West Seneca, County of Erie, consisting of approximately .6 acres, hereinafter referred to as the “Premises;” and
WHEREAS, the State is authorized to convey its right, title and interest in the Premises to the Town of West Seneca pursuant to Section 34 of the Public Lands Law for the purpose set forth in the statute; and
WHEREAS, it is the desire of the Town of West Seneca to apply for a transfer and conveyance of the Premises for the purposes of parks and recreation; and
WHEREAS, the consideration of the transfer and conveyance of the Premises as set forth in Section 34 is One Dollar ($1.00); now, therefore, it is hereby
RESOLVED, the Supervisor is hereby authorized to apply to the State of New York Office of General Services for the transfer and conveyance of the Premises for the purposes of parks and recreation pursuant to Section 34 of the Public Lands Law; and it is further
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West Seneca, NY 14224 August 7, 2017
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15-E COMMUNICATIONS
2. (continued)
RESOLVED, the Supervisor is authorized to execute all documents necessary to effectuate said use and transfer and conveyance of the Premises and that such documents shall be subject to review thereof by the Town Attorney as to form and substance; and it is further
RESOLVED, that title shall be transferred after such environmental reviews as may be required by the State Environmental Quality Review Act have been completed; and it is further
RESOLVED, the Supervisor is authorized to execute the necessary transfer documents and the consideration for the conveyance is $1.00.
On the question, Councilman Hart noted this house is located near Sunshine Park and the house will be taken down to expand the parking lot. He questioned if the house near Firemen’s Park will also taken down. Supervisor Meegan stated the process is almost complete on obtaining that parcel to add to the town’s park space.
Ayes: All Noes: None Motion Carried
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3. Town Attorney re Workers Comp Agreement with Key Insurance
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with Key Insurance & Benefit Services, Inc. to provide the town with services as third party administrator for Worker’s Compensation Claims.
Ayes: All Noes: None Motion Carried |
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4. Town Attorney re Café space at Community Center & Library
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Town Attorney to prepare and distribute a Request for Expression of Interest for parties to enter into an agreement with the town to provide operations at the Community Center and Library Café Space.
Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 August 7, 2017
Page six . . .
15-E COMMUNICATIONS
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5. Senior Code Enforcement Officer re Electronic message board – 1715 Reserve Road |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve an electronic message board on property located at 1715 Reserve Road, noting a variance was approved at the July 26, 2017 Zoning Board of Appeals meeting. |
On the question, Councilman Hanley stated the applicant agreed to not advertise tobacco products or adult content. The applicant also agreed to revisit the brightness of the message board in one year provided any complaints are received.
Ayes: All Noes: None Motion Carried
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6. Senior Code Enforcement Officer re Electronic message board – 2305 Union Road
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the use of an electronic message board on property located at 2305 Union Road, noting a variance was approved at the July 26, 2017 Zoning Board of Appeals meeting.
Ayes: All Noes: None Motion Carried
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7. Senior Code Enforcement Officer re Rezoning request – 172 Westminster Road |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to refer to the Planning Board the rezoning request for 172 Westminster Road.
Ayes: All Noes: None Motion Carried |
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8. Senior Recreation Therapist of Sr. Services re Appointment of Jennifer Stanek as Fitness Instructor |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Jennifer Stanek as part-time Fitness Instructor at the West Seneca Senior Center fitness center at a rate of $15 per hour effective August 7, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
15-F REPORTS
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Jacqueline A Felser, Town Clerk’s report for July 2017 received and filed.
- John Gullo, Code Enforcement Officer’s building & plumbing reports for July 2017 received and filed.
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West Seneca, NY 14224 August 7, 2017
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15-G 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 - $370,323.01; Highway Fund - $63,319.55; Special Districts - $13,578.69; Capital Fund - $26,524.36 (vouchers 100638 - 101154) Trust - $300,754.22 (vouchers 100711 - 101196)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
PRESENTATION BY FORENSIC ARCHITECT ON BURCHFIELD CENTER
Kenneth Pearl, a forensic architect with Building Science Services, LLC gave a power point presentation on his findings at the Burchfield Center.
Town Attorney John Fenz stated initially the town went to its insurance carriers and they sent an adjuster and engineer to look at the building. The insurance company disclaimed liability due to their belief the defect progressed over time. The Town Board then asked that he move forward with litigation as there is a statute of limitations to deal with. The town retained outside counsel and they have pulled a provision from the NYS Civil Practice Law and Rules that can hold design professionals accountable for alleged design defects. Notice is being served upon the design professionals that executed the drawings alleging the defects are a result of defective design and this sets up a 90-day period where the design professionals will notify their insurance carrier and attorneys. After that period has lapsed, the town can assert affirmative claims and civil litigation alleging the design defects.
Supervisor Meegan stated this is now a legal matter and because the Burchfield Center is evidence, the town is restricted as to what it can remediate.
Paula Minklei questioned if the mold can be remediated and if the building can be repaired in stages. Supervisor Meegan responded the mold can be remediated and Mr. Fenz advised that he cannot give a time frame for repair of the building because the evidence needs to be preserved and civil litigation is not a means of instant gratification.
Dolores Stefanacci, a former employee at the Burchfield Center, commented on problems she experienced at the building.
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West Seneca, NY 14224 August 7, 2017
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ISSUES OF THE PUBLIC
PRESENTATION BY FORENSIC ARCHITECT ON BURCHFIELD CENTER (continued)
Ray Nalewajek questioned if the report from Building Science Service is public record. Mr. Fenz advised the report is not public record at this time. The board had requested an expert to prepare a report in anticipation of litigation and after conferring with outside counsel, they feel the points from the report that have been provided to the public are sufficient. Mr. Nalewajek further questioned if a more specific resolution to remediate the problems is based in the $900,000 budget. Mr. Fenz responded the notice of claim has both numbers that have been provided by the forensic architect.
TIM RUSSERT PARK IMPROVEMENTS
Mary Lou Dietrich stated over two years ago she circulated a petition for improvements at Tim Russert Park and believes the park would benefit from a basketball court. She requested grant money from Senator Gallivan and further asked for support from the Town Board for the basketball court.
Linda Toy questioned the status of improvements at Tim Russert Park.
Supervisor Meegan responded the town has not received the grant money yet and noted it takes time to receive the funding.
WALKWAY OF FREEDOM
James Manley, Chairman of West Seneca Veterans Committee, stated he had discussed the Walkway of Freedom with Councilman Hart and was informed that landscaping may not be done until 2019. Mr. Manley requested that the landscaping be done in 2018 upon completion of the Community Center and Library so the Veterans Committee can replace the bricks in the walkway and enable them to sell additional bricks.
FIREMAN’S PARK BALL DIAMOND
Arlene Weckel requested an update on the situation with the ball diamond near East & West Road at Firemen’s Park and Supervisor Meegan referred Ms. Weckel to Highway Sup’t. Matthew English who is working on a resolution to the problem.
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West Seneca, NY 14224 August 7, 2017
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
WNY CHILDREN’S PSYCHIATRIC CENTER
Senior Recreation Therapist of Senior Services Mary Josefiak announced the WNY Children’s Psychiatric Center will hold a fundraiser Sunday, August 13th, noon to 4:30 P.M. at the senior center to raise funds for costs involved in the fight to keep the center in West Seneca.
MOVIE IN THE PARK
Recreation Supervisor Lauren Masset announced Movie in the Park events, “Moana” on August 25th and “Sing” on September 1st at dusk.
CYC GAELIC GAMES
Councilman Hanley commented on the success of the CYC Gaelic Games with 2,200 athletes playing over 550 games at the soccer complex. He expressed his thanks to Highway Sup’t. Matthew English and his crews for their work and stated many compliments were received on the upkeep and condition of the soccer complex.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:20 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK