Town Board Minutes

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 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 Town Attorney John Fenz.

 

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 Patricia Frances Murphy and Tom Pilat.

 


12-A  MINUTES TO BE APPROVED

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the June 1, 2015 work session.

 

Ayes: All                                    Noes: None                               Motion Carried

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2015-11 of June 1, 2015.

 

Ayes: All                                    Noes: None                               Motion Carried

 


§ 

Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the June 9, 2015 bid opening for demolition of premises.

 

Ayes: All                                    Noes: None                               Motion Carried

 

12-B  COMMUNICATIONS



 


1.     

Town Attorney re Planning Bond Resolution – Potential Seneca Place infrastructure improvements


 


 

Received and filed.

 


             

2.    Town Attorney re Resolution Authorizing Bonding-Road Reconstruction


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached bond resolution authorizing the town to issue serial bonds in the amount of $1,100,000 to cover the balance of the Town Board approved emergency work to be performed on Heather Hill Drive and Pamela Court, noting that $800,000 of current funds remaining from other capital projects is to be applied to the estimated $1,900,000 cost of this work.

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

                                                                                      Page two . . .

 

12-B  COMMUNICATIONS

 

2.   (continued)

 

          On the question, Town Engineer Steven Tanner recommended sidewalks not be redone as part of this project and noted the town ordinance states sidewalk maintenance is the responsibility of the residents.  Only those sidewalks damaged by construction will be replaced which could result in approximately five percent.

 

          Councilman Hart commented the sidewalks are generally in good shape and he feels redoing sidewalks would cause unnecessary disruption in the neighborhood.  With sidewalks not included in this project, most of the restoration work will be done this year with touch up to take place next year.  

 

          Mr. Tanner stated the survey has been done for the Heather Hill Drive and Pamela Court project and engineering is being done at this time.  The formal bid will take place on or around July 15th 2015 and a special Town Board meeting may be scheduled to award the bid quickly. Neighbors will be notified of an informational meeting at the senior center at which time the project’s drawings and details will be presented. Mr. Tanner added that Theresa Court will be designed but will not be done this year.

 

          A resident of the Heather Hill subdivision commented that he initially thought sidewalks would be done as part of this project. He further questioned if the scope of the project included curb to curb and driveway approaches, how far it will go and if residents can approach and work directly with the contractor on private driveway or sidewalk repairs.

 

          Mr. Tanner responded the project will be curb to curb with driveway approaches and will include Pamela Court and Heather Hill Drive from Reserve Road to Theresa Court.  The remainder of Heather Hill Drive to Michael Road will be done with the Theresa Court project scheduled for next spring.

 

          Supervisor Meegan stated sidewalks would have been included only if water work updates were involved.  Residents have worked with the contractors in the past and it is an acceptable practice but the town does not get involved.

         

          Another resident of the subdivision asked if repairs can be done on Theresa Court in the meantime.

 

          Highway Superintendent Matthew English responded he will check to see what his department can do to fix some of the damage.

 

Ayes: All                                    Noes: None                               Motion Carried

                                                                                                *APPENDICES*

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

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12-B  COMMUNICATIONS



  

3.     Town Engineer re Professional Services Agreement with RKG Associates, Inc.

 


 


                                                   

Received and filed.


 

   4.    Town Engineer re Bid Date for Phase 4 Sewer Rehabilitation

 


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of July 16, 2015 at 2:00 P.M. for receipt of bids on the Phase 4 Sewer Rehabilitation work in the Town of West Seneca.

 

Ayes: All                Noes: None            Motion Carried


 

  5.    Town Engineer re Bid Date for Water System Improvement Work


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to set a bid date of July 21, 2015 at 1:00 P.M. for Water System Improvement work in the Town of West Seneca.

 

Ayes: All                Noes: None            Motion Carried


  

   6.    Highway Sup’t re Buildings and Grounds Termination and Appointment


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate part-time seasonal laborer Jacob Hiam effective June 8, 2015; and further, appoint Michael Sherk as part-time seasonal laborer at a rate of $8.75 per hour effective June 16 - August 28, 2015 contingent upon the passing of drug and alcohol testing and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried


 

   7.    Highway Sup’t re Highway Summer Help

 


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint the following part-time seasonal laborers in the Highway Department at a rate of $8.75 per hour effective June 16 - August 28, 2015 contingent upon the passing of drug and alcohol testing: Eric Anderson, Michael Bauer, Travis Chavanne, Eric Darling, James Deppeler, Thomas Gioia, Mitchell Mancuso, Ryan McCoy, Steven Whitlow, 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 #2015-12

West Seneca, NY 14224                                                          June 15, 2015

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12-B  COMMUNICATIONS



 

   8.    Chief Denz re Appointment of William R. Weber as Public Safety Dispatcher, Part-time


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint William R. Weber as part-time public safety dispatcher effective June 16, 2015 at a rate of $10.95 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Ayes: All                Noes: None            Motion Carried


 

   9.    Youth Service Coordinator re West Seneca Youth & Recreation Employee Handbook


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve and accept the attached 2015 Youth & Recreation Employee Handbook, noting this handbook sets out policies, procedures and expectations for all summer 2015 employees.

 

On the question, Youth Service Coordinator Lauren Masset stated this handbook was reviewed by Human Resources and Town Attorney John Fenz.

 

Ayes: All                Noes: None            Motion Carried

                                                          *APPENDICES*

 


  10.  Youth Service Coordinator re Veterans Day Camp Safety Plan

 


 


Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the attached 2015 Veterans Park Day Camp Safety Plan, noting this safety plan addresses the requirements of Subpart 7-2 of the New York State Sanitary Code (7-2.4(c)(1), 7-2.5(n), 7-2.25) and has been reviewed and approved by Town Emergency Manager John Gullo. 

 

Ayes: All                Noes: None            Motion Carried

                                                          *APPENDICES*


 

  11.   Youth Service Coordinator re Bi-Centennial Pool Safety Plan


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the attached 2015 Bi-Centennial Pool Safety Plan.

 

Ayes: All                Noes: None            Motion Carried

                                                          *APPENDICES*  

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                         June 15, 2015

                                                                                      Page five . . .

 

12-B  COMMUNICATIONS

 



  12.   Youth Service Coordinator re Pay Rate and Status Change for Dustin Wurster


 


Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a status change for Dustin Wurster to head lifeguard at a rate of $9.60 per hour effective June 15, 2015 and authorize the Supervisor to sign and complete the necessary forms for Erie County Personnel. 

 

Ayes: All                Noes: None            Motion Carried


 

  13.   Code Enforcement Officer re Bid award for demolition of buildings


 


 

Motion by Supervisor Meegan, seconded by Councilman Hart, to award the bid for demolition of buildings located at 99 Aurora Avenue, 74 Columbia Parkway, 94 Dirkson Avenue, 120 Edson Street, 149 Edson Street and 26 Ludwig Avenue to Hannah Demolition for $35,500 plus asbestos remediation costs, noting only one bid was received for this work.

 

            On the question, Code Enforcement Officer John Gullo stated the cost of demolition will be assessed on the taxes and at this time there are no more buildings requiring demolition.  Mr. Gullo added one property may be removed from the list and a mortgage company may be handling one.

 

          Ayes: All                                    Noes: None                               Motion Carried




 

  14.   Town Attorney re Appointment of Robert Rigby to Industrial Park Review Committee


 


 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Robert J. Rigby to serve on the West Seneca Industrial Park Review Committee.

 

On the question, Town Attorney John Fenz explained the purpose of the Industrial Park Review Committee which is to expedite the Planning Board review process thus making the industrial park more desirable for industrial and manufacturing developers.  Mr. Fenz commented the members of this committee are well versed with regard to planning which allows the process to be accelerated.

 

Ayes: All                Noes: None            Motion Carried

 

12-C  REPORTS

 

  • Jacqueline A. Felser, Town Clerk’s monthly report for May 2015 received and filed.
  • John A. Gullo, Code Enforcement Officer’s report for May 2015 and plumbing report for May 2015 received and filed.

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

                                                                                      Page six . . .

 

12-D  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 - $270,271.72; Highway Fund - $133,972.65; Special Districts - $21,144.26 (voucher #’s 88911- 89565); Trust & Agency Fund - $45,937.19 (voucher #’s 89524-89558); Capital Fund - $455,227.26

 

Ayes: All                                    Noes: None                               Motion Carried

 

ISSUES OF THE PUBLIC

 

          FIRE PIT ORDINANCE

 

Charles Lickfeld referred to the town’s fire pit ordinance which states offensive or objectionable burning shall be prohibited and expressed his concerns with a neighbor who likes to burn fires in his back yard.  Mr. Lickfeld called the police several times one night in particular, but the fire continued all night.  He also contacted Winchester Fire Company who said they will handle the fire if the police can’t. 

 

Code Enforcement Officer John Gullo stated a resident can be cited if a fire is offensive or obtrusive.  Mr. Gullo noted the Code Enforcement Office is the enforcement agent for this ordinance and he will send a letter to this neighbor to inform them they are in violation. 

 

Chief Denz stated he will investigate the incident.

 

BEECHWOOD ROAD AND MILL ROAD REPAIRS

 

Beverly Leising referred to the Beechwood Road and Mill Road repairs and thought the work was supposed to start on June 1st

 

Highway Superintendent Matthew English responded Mill Road repairs will begin when Beechwood Road is done and a tentative start date is August 17th

 

Town Attorney John Fenz stated at the request of Town Engineer Steven Tanner, he will be contacting the contractor for the Beechwood Road project to discuss scheduling concerns.

 

TOWN BOARD MAKEUP

 

Beverly Leising asked if the town has always had a supervisor and multiple board members and Supervisor Meegan responded they have. Mrs. Leising further complimented Supervisor Meegan on a recent newspaper article where she credited the entire board for their accomplishments.

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

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ISSUES OF THE PUBLIC

 

INDUSTRIAL PARK REVIEW COMMITTEE

 

Amy Carpenter questioned how many members are on the Industrial Park Review Committee and the length of their appointments.

 

Town Attorney John Fenz responded there are five members of the committee (Code Enforcement Officer, Fire Inspector, Town Engineer, Planning Board Chairman & one individual appointed by the Town Board) and the Town Board determines their service. The committee has not met for some time, but a proposed project in the industrial park caused a need for the committee to reassemble. 

 

Mrs. Carpenter questioned if there will be meeting minutes and if they will be posted on the town’s website.

 

Mr. Fenz responded the committee will hold a public meeting with appropriate notifications to take place. Rather than minutes, Code Enforcement Officer John Gullo will provide findings from the meeting with a recommendation to be presented to the Town Board.

 

PLANNING BOND RESOLUTION

 

Amy Carpenter referred to Communications Item #1 that was skipped and asked the intention of the planning bond resolution.

 

Town Attorney John Fenz explained the planning bond resolution would have authorized the borrowing of bonds to examine the Seneca Place project, noting the Town Board is responsible to conduct studies for potential projects in town.  He further explained the process of using bonds to finance these studies.

 

EMPLOYEE HANDBOOK AND SAFETY PLANS

 

Susan Kims thanked Youth Services Coordinator Lauren Masset for being the first town department to distribute an employee handbook for the Youth & Recreation Department as well as safety plans for the summer day camp and Bicentennial Pool.

 

EMPLOYEE DRUG TESTING

 

Susan Kims referred to modifications to the personnel policy regarding hiring an individual that fails a drug test and questioned why a person who failed a drug test would be hired. 

 

Supervisor Meegan replied the hire is contingent upon passing a drug test.

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

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ISSUES OF THE PUBLIC

 

EMPLOYEE DRUG TESTING   (continued)

 

Mrs. Kims questioned how long it takes to get results from drug testing.

 

Highway Superintendent Matthew English responded results are received within 72 hours. He explained the current hiring process and stated individuals hired go for a drug test prior to their first day of work. Employees can begin work prior to results being received, but will be terminated immediately if there is a positive result. 

 

TOWN TREE TRIMMING

 

Susan Kims questioned whose responsibility it is for trimming trees between the sidewalk and street. 

 

Highway Superintendent Matthew English responded the Highway Department is responsible for these trees and will trim a tree if it hangs ten feet over the sidewalk. 

 

Town Attorney John Fenz stated trees planted between the sidewalk and street are considered within the town right-of-way.

 

EMPLOYEE TIME CLOCKS AND TIMESHEETS

 

Susan Kims referred to a discussion at a previous work session concerning employees filling out timesheets.  She questioned why an employee would be asked to fill out their own timesheets and if the recently purchased time clocks are being used. 

 

Supervisor Meegan responded the time clocks are in place and being used by blue collar employees in the Highway and Buildings and Grounds departments.  Time clock use by white collar employees is being discussed with the labor union. Supervisor Meegan commented on problems with the incorrect time being recorded and noted this will streamline the payroll process.    

 

Councilman Hart commented that an employee filling out their own timesheet is a common practice and stated the timesheet is still reviewed and approved by the department head.

 

POLICE DEPARTMENT PLAQUE

 

Frank Boncore questioned the status of the plaque for the Police Department listing those that donated to the police fund. 

 

Councilman Hart referred to his efforts to help get the memorial, noting it was then turned over to the Chief of Police.

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

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ISSUES OF THE PUBLIC

 

POLICE DEPARTMENT PLAQUE   (continued)

 

Mr. Boncore requested the plaque read “Citizens of West Seneca that donated to the police fund.”

 

Supervisor Meegan suggested this plaque be placed in police dispatch since the funds raised were used to update that area.

 

HEATHER HILL DRIVE GAS LIGHTS

 

Frank Boncore referred to gas lights on Heather Hill Drive that were replaced with electric lights with the service fee to continue for five years and questioned the status of this fee.

 

Supervisor Meegan stated she will check on this and get back to Mr. Boncore.

 

AMERICORPS SETTLEMENT

 

Frank Russo expressed his disappointment with the AmeriCorps settlement and thought the amount was insufficient for what was owed.

 

Supervisor Meegan described the current Town Board’s working relationship with AmeriCorps and the importance of this program to sustain themselves. She noted their commitment to the town including their contribution of 40,000 hours for future projects. 

 

Councilman Hart stated the town’s auditors looked at AmeriCorps’ books and determined they would be out of business if they continued to pay the town.  He added there was no guarantee this program would continue to be federally funded. 

 

Town Attorney John Fenz stated the lump sum payment was six figures and it would be imprudent to continue collecting monthly when there was no guarantee AmeriCorps would continue to exist.  

 

Karl Spencer defended the Town Board’s decision to settle with AmeriCorps and stated one of the basic financial concepts is the future value of money. Inflation reduces the future value of current dollars so money upfront is better than the promise of future money.  Mr. Spencer stated the Town Board followed reasonable financial concepts in addressing the AmeriCorps debt.

 

 

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

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ISSUES OF THE PUBLIC

 

SENECA PLACE PROJECT

 

Frank Russo commented on dealing with RKG Associates, Inc. on the Seneca Place project. 

 

Councilman Hart replied the Town Board is being very cautious and has only committed to studies for the project.  Also, if there is to be any bonding, the voters will decide in a referendum if the town will go forward with the project.

 

Councilman Hanley noted the developer is required to pay for studies involved in large projects.

 

SEWER MITIGATION LAWS

 

Arlene Vogt questioned if the Town Board is aware of the sewer situation when a large project is being built. 

 

Supervisor Meegan responded the board members are very conscientious with regard to the sewer system.  Every developer has a responsibility to the sewers and must follow the rules including a 4:1 sewer mitigation fee with each project.

 

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

 

FLOHR AVENUE FLOODING

          Town Engineer Steven Tanner stated the valve that was ordered for the outlet pipe on Flohr Avenue has come in and can be installed when the water recedes.  An outlet structure which allows automatic operation of this valve has been proposed and pricing for this project will be presented to the Town Board following approval of the project by the Department of Environmental Conservation (DEC).  Mr. Tanner noted installation of this valve should decrease flooding in this area by 75 percent, but will not eliminate it completely.

UNYTS WEEK

Supervisor Meegan declared June 15th as UNYTS Week and encouraged residents to visit and support the new location at Southgate Plaza.

Councilman Hart noted blood donations collected at UNYTS stay in Western New York and they are also involved in organ donation.

Senior Recreation Therapist of Senior Services Mary Josefiak commented on a community service project with UNYTS currently taking place at the senior center.  Senior knitters make baby caps which are given to mothers who choose to make blood and tissue donations following delivery.     

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS

1250 Union Road                                                           Minutes #2015-12

West Seneca, NY 14224                                                          June 15, 2015

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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

 

          SUMMER SAFETY TIPS

Code Enforcement Officer John Gullo commented on summer safety tips including keeping pool gates closed and careful handling of fireworks, specifically noting Japanese lanterns are not safe.

          SUMMER RECREATION PROGRAMS

Youth Service Coordinator Lauren Masset stated there are four spots remaining for the first week of summer day camp with waiting lists for all other weeks. Youth Theater and Youth Theater Junior are full and registrations are still being taken for swim lessons, Mommy & Me and sports programs. Teen night will take place Friday, June 19th at 7:00PM. Youth Theater is presenting Beauty and the Beast on June 26th and 27th at West Seneca East High School.

Councilman Hart questioned if summer day camp could be expanded in the future.

Ms. Masset responded there is a 50 percent increase over last year and this year will be a trial run to see how the program runs with this many kids.

          ADJOURNMENT

          Motion by Supervisor Meegan, seconded by Councilman Hanley, to adjourn the meeting at 8:10 P.M.

 

          Ayes:  All                                   Noes: None                               Motion Carried

 

 

 

 

 

 

          _______________________________________

 JACQUELINE A FELSER, TOWN CLERK