Town Board Minutes

WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
 
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 John Gullo.
 
ROLL CALL:          Present    -    Sheila M. Meegan    Supervisor
                                                Eugene P. Hart        Councilman
                                                John M. Rusinski     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 Donald Huber, John Anthony Sheeron and William Advey.
 
10-A MINUTES TO BE APPROVED
 
·              Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the May 7, 2012 Executive Session.
 
Ayes: All                                   Noes: None                               Motion Carried
 
·              Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2012-09 of May 21, 2012.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
·              Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the May 21, 2012 Work Session.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
·              Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the May 21, 2012 Executive Session.
 
Ayes: All                                   Noes: None                               Motion Carried
 
10-B LEGAL ITEMS
 
1.     Motion by Supervisor Meegan, seconded by Councilman Rusinski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2012-03, MODIFICATION TO CHAPTER 25, PERSONNEL POLICIES” in the Town of West Seneca, be received and filed.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                      Page two . . .
 
10-B LEGAL ITEMS
 
1.          (continued)
 
          Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
          Town Attorney Shawn Martin stated that this local law will modify personnel policies to include that anyone hired after the effective date will be required to undergo a background check, either through the Police Department or other agency, and drug screening. Also, anyone hired that will be driving town vehicles will have their driving record checked. Nothing will be a disqualifying factor, but the information will be used and considered in the hiring practice.
 
          Councilman Hart questioned the potential cost for this.
 
          Chief Gehen stated that when a police officer is hired the background check is done internally; however, background checks for other employees (i.e. Public Safety Dispatchers, clerical, etc.) are sent to a regional center and the cost is $120 to $125.  There is also an additional cost for chemical testing.
 
          Councilman Rusinski noted that a risk assessment group can do the background and driving checks and drug testing at a substantially lower rate than having them done individually. The town will request proposals for this service.
 
          Frank Russo questioned if driving records are checked and if there is random drug testing for current employees, specifically those with commercial driver’s licenses, and if there will be criminal checks.
 
          Supervisor Meegan stated that the town uses a License Event Notification Service (LENS) program to check driving records and there is random drug testing of current employees. The local law will address this for new hires and also allow criminal checks.
 
          Beverly Leising questioned if a bad background check will have any effect on hiring an individual.
 
          Mr. Martin stated that the information received will be considered when hiring individuals but will not be used as an absolute bar from hiring.
 
          Motion by Supervisor Meegan, seconded by Councilman Rusinski, to close the public hearing.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                       Page three . . .
 
 
10-B LEGAL ITEMS
 
1.          (continued)
 
          Motion by Supervisor Meegan, seconded by Councilman Rusinski, to adopt Local Law No. 2012-03, Modification to Chapter 25, Personnel Policies.
 
          Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
 
10-C TABLED ITEMS

      
1.    Councilman Hart re Extension of Shared Assessor Agreement
 
 
Remained on the table.
 
2.    Title change for Sarah Flattery from part-time Clerk Typist to full-time Recreation Leader
 
 
Remained on the table.

 
 
10-D COMMUNICATIONS

      
1.     Supervisor Meegan re St John Vianney 5k Run                              
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the request of St. John Vianney Church to hold their 12th Annual 5k Kickoff Run on July 26, 2012 beginning at 6:30 P.M. on designated streets in the Town of West Seneca.
 
Ayes: All                Noes: None            Motion Carried
 
2.    Town Attorney re Appointment of Jaimie Kaminski as part-time Clerk/Legal Assistant
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Jaimie Kaminski as part-time Clerk/Legal Assistant at a rate of $12 per hour effective June 13, 2012 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 #2012-10
West Seneca, NY 14224                                                               June 11, 2012
                                                                                                            Page four . . .
10-D   COMMUNICATIONS

 
 3.   Town Engineer re Erie County Water Authority requirement of additional hydrants on Dover and Greenmeadow Drive
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the addition of three (3) hydrants along Dover and Greenmeadow Drive with the implementation of the town’s 2012 road reconstruction project; and further, acknowledge and resolve to pay the additional hydrant fee that will be charged by Erie County Water Authority in the amount of $160.80 per hydrant.

 
          On the question, Councilman Rusinski questioned the current code for the distance between fire hydrants and Code Enforcement Officer John Gullo responded that 800’ is required.
 
          Ayes: All                                   Noes: None                               Motion Carried

 
   4.    Highway Supt. re Title change for William Weixlmann to Highway Laborer
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate William Weixlmann as Sanitation Motor Equipment Operator and appoint William Weixlmann as Highway Laborer, Group 1, Step 1, at a rate of $23.91 per hour, effective May 30, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
 
   5.    Highway Supt. re Title change for Francis Malota to full-time Sanitation Laborer
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Francis Malota as part-time Sanitation Laborer and appoint Francis Malota as full-time Sanitation Laborer at a rate of $16.38 per hour effective June 12, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
  6.    Highway Supt. re Appointment of summer help in Highway Department
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint the following as part-time seasonal laborers in the Highway Department at a rate of $7.25 per hour effective June 18 – August 17, 2012:

 
          Joshua Andrzejewski         Nicholas Gugliuzza Christopher Jerge             Nicholas Lavalieri           James Palaszynski             Jason Scheely         Matthew Shields                Robert Walsh
 
          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 #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                      Page five . . .
 
10-D COMMUNICATIONS

 
   7.    Highway Supt. re Appointment of part-time seasonal laborers in Buildings & Grounds Department
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Ian Kennedy and Nicholas Ruberto as part-time seasonal laborers in the Buildings & Grounds Department effective May 28, 2012 and appoint Ryan Struzik and Matthew Wolf as part-time seasonal laborers in the Buildings & Grounds Department at a rate of $7.25 per hour effective May 28 – August 17, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
   8.    Chief Gehen re Appointment of Andrew Oscypala as full-time Public Safety Dispatcher
 
 
 
Received and filed.
 
 
 
   9.    Assessor re Extension of leave of absence for Erik Finbar
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to grant Erik Finbar an extension to his existing leave of absence as Real Property Appraiser Tech effective June 1, 2012 – June 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
 
 10.   Director of Recreation, Youth & Senior Services re Status change for Michael Talluto to seasonal
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to change the status of Recreation Supervisor Michael Talluto from permanent part-time to part-time seasonal effective June 11 – September 1, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
 
11.   Director of Recreation, Youth & Senior Services re Rate increase for part-time Clerk Typist Sarah Flattery
 
 
Received and filed.
 

 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                      Page six . . .
 
 
10-D COMMUNICATIONS

 
12. Director of Recreation, Youth & Senior Services re Appointment of seasonal part-time employees
 
 
Motion by Councilman Hart, seconded by Councilman Rusinski, to appoint the individuals on the attached list as part-time seasonal employees effective June 1 – September 30, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
                                                          *APPENDICES*
 
13. Highway Sup’t. re Budgetary transfer request
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budget transfer of $800 from Equipment Acct. #1.8161.0200 to Advertising, Printing Acct. #1.8161.0448 to cover the cost of new signs for the town.
 
Ayes: All                Noes: None            Motion Carried

 
 
10-E WARRANT
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
 
General Fund - $299,485.35; Highway Fund - $80,839.55; Special Districts - $69,977.49 (voucher #’s 73180 - 73443); Trust & Agency Fund - $32,511.39 (voucher #’s 73162 -73202); Capital Fund - $202,070.59 (voucher #’s 73163-73423)
 
Ayes: All                                   Noes: None                               Motion Carried
 
 
10-F REPORTS
 
·        Jacqueline A Felser, Town Clerk’s report for May 2012 received and filed.
·        John A Gullo, Code Enforcement Officer’s report for May 2012 received and filed.
 
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                      Page seven . . .
 
ISSUES OF THE PUBLIC
 
PEER COUNSELING PROGRAM
 
Students of the Peer Counseling Program and parents addressed the Town Board concerning the board’s decision to eliminate funding for the program in the 2013 town budget. They commented on the vital role the program has played in helping kids and the number of kids it has impacted over the years. The students disagreed with statements made that the Peer Counseling program is redundant to the DARE program and stated that they focus on bullying, cyber bullying, drug abuse and drug prevention. They further stated the Peer Counseling program is kids helping kids and it is in both the high school and elementary school whereas the DARE program is only in the elementary school.
 
Supervisor Meegan stated that Peer Counseling is a great program and the Peer Counselors have done a phenomenal job, but the board members have to make cuts to stay within the 2 percent property tax cap. Many residents were also concerned with the program because they felt it was a duplication of services. The board members looked at other school districts throughout the state and found that the Peer Counseling program is extremely unique to the Town of West Seneca and does not exist in any other county in the State of New York. Many hours were spent researching this and it was not an easy decision. Supervisor Meegan stated that the town budget does not afford the program, but suggested that the students approach the School Board and ask them to support the program and then the town could share a portion of the cost. She further noted that Chief Gehen assured her the School Resource Officers will be stepping up to help.
 
Councilman Hart stated that the town has funded the vast majority of the Peer Counseling program for many years and he also suggested that students reach out to the School Board and ask them to share in the cost. Currently the town pays approximately $125,000 and the school pays $12,000. Councilman Hart stated that if the School Board agrees to pay more of the cost, he will support reinstating the program. He further stated he was willing to talk to the students and try to save the program.
 
Chief Gehen stated that the town provides the schools with School Resource Officers and the DARE program, but he believes there is a difference in what the Peer Counseling program offers. Chief Gehen commented that it is easier for students to open up to a friend or peer and receive advice instead of an adult. He thought the program should be maintained but at a lesser cost to the town.
 
Karen Lucachik stated that Peer Counseling can continue and suggested that the students go to the School Board and ask them to subsidize and pay for the program, noting that the Town Board does not have the finances due to many other big issues in town like the sewers. Mrs. Lucachik suggested that the School Board monitor the program since they are in the education business.
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                      Page eight . . .
 
ISSUES OF THE PUBLIC
 
PEER COUNSELING PROGRAM   (continued)
 
Beverly Leising stated that this has been an ongoing issue with the Town Board for the last eight months and the board members and Town Attorney have met with the School Board concerning the Peer Counseling program, but they think it is a duplication of services and understand that the town does not want to fund the program. Mrs. Leising did not believe the Town Board should be chastised on this issue and suggested that the students go to the School Board to have the Peer Counseling program funded.
 
Councilman Rusinski commented on the passion the students have for the Peer Counseling program and that demonstrated how much it means to them. Although the town can’t afford the program the way it is, he was open to alternative ways of funding it.
 
Donna Lepore and Jolynn Keane disagreed with statements made about the actual cost of the program and stated their salaries are $34,000 each and only one takes the health insurance benefit of approximately $17,000. The School Board informed them that the town had not asked that they increase their portion for the Peer Counseling program and they questioned if other things in the town budget have been cut.
 
Supervisor Meegan stated they have not finished with budget cuts. Conversation on the Peer Counseling program has been ongoing since last year and it was the right time to cut with the school year ending.
 
Mrs. Lepore stated that the board members may not be in the education business but they are in the community business and the Peer Counseling program is invaluable to the kids.
 
Councilman Hart stated that he has been involved in the community his whole life, a member of the Lion’s Club for 35 years and involved in youth baseball for over 30 years and these decisions are not easy to make. He further stated that he approached the school and did not get any support for the Peer Counseling program from the administration. If the School Board is willing to share more of the cost he would be willing to save the program. Councilman Hart further stated that the town has tremendous costs with the sewers, etc. and they will continue making cuts as needed.
 
WORK SESSION MINUTES
 
Paula Minklei asked that work session minutes be transcribed in more detail.
 
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                      Page nine . . .
 
ISSUES OF THE PUBLIC
 
COMPREHENSIVE PLAN
 
Paula Minklei referred to the Comprehensive Plan that was adopted in 2006 and commented on the need to review and update it.  She had previously suggested that volunteers from the community form a committee for this purpose and asked the Town Board to commit to seeking out people to be on this committee.
 
STATUS OF AMERICORPS PAYMENTS
 
Karen Lucachik questioned the status of the AmeriCorps payments. Laura Landers of the Finance Department responded that a payment was received June 8th and they had not received anything on the sale of the house.
 
RECREATION DEPARTMENT ISSUES
 
Karen Lucachik referred to a discussion at a previous Town Board meeting concerning overtime compensation for Recreation Director Mary Josefiak and thought that Mrs. Josefiak should have corrected the incorrect information given at the meeting which stated that she did not receive overtime in her position. Mrs. Lucachik further stated she was told that the recreation leader position was advertised, but she did not see it on the town’s website.
 
Supervisor Meegan stated that the position was on the website and Mrs. Josefiak had interviewed four or five people for the job.
 
HOUGHTON COLLEGE PROJECT
 
Arlene Vogt referred to the upcoming Planning Board meeting concerning Houghton College and asked if the Town Board members will be at the meeting.
 
Town Attorney Shawn Martin advised that the project is before the Planning Board for site plan approval and will not come before the Town Board for final approval.
 
SEWAGE IN CAZENOVIA CREEK
 
Arlene Vogt referred to the amount of sewage that is pumped into Cazenovia Creek and did not think people should be swimming in it. She suggested that this information be posted in the newspaper to make the public aware of the situation.
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-10
West Seneca, NY 14224                                                          June 11, 2012
                                                                                      Page ten . . .
 
ISSUES OF THE PUBLIC
 
TABLED ITEMS
 
Linda Toy questioned why the tabled items on the agenda were skipped and specifically referred to the extension of the shared assessor agreement.
 
Supervisor Meegan stated they are waiting for a response from Elma concerning the shared assessor agreement.
 
ADDITIONAL HYDRANTS ON DOVER & GREENMEADOW DRIVE
 
Linda Toy referred to the additional hydrants required on Dover and Greenmeadow Drive and questioned why the town didn’t know these were needed when the project was bid.
 
Code Enforcement Officer John Gullo stated that the Engineering Department does the drawings and it is a process to have them approved.
 
VACANT HOUSES & BUSINESSES
 
Linda Toy commented on the number of vacant houses in town and their condition.
 
Supervisor Meegan stated that she and Legislator Joseph Lorigo are teaming up to put forth a resolution to this problem and they will be proposing new legislation that will require licensing of rental housing in the town. There is also a large list of incomplete foreclosures and they intend to adopt legislation that will hold banks accountable. They further intend to propose legislation to require that property managers be licensed and if they don’t do their job they will not be able to work in West Seneca.
 
Amy Carpenter commented that a number of businesses in town are for sale and also look hideous, particularly at the gateways to town.
 
Supervisor Meegan stated that she also has a list of businesses in need of repair and will be meeting with Legislator Lorigo on this issue.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
          EXECUTIVE SESSION
          Motion by Supervisor Meegan, seconded by Councilman Rusinski, to recess to Executive Session at 8:30 P.M. to discuss two litigation matters with Town Attorney Shawn Martin.
          Ayes: All                                   Noes: None                               Motion Carried
The Town Board returned from Executive Session at 8:40 P.M.
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-08
West Seneca, NY 14224                                                          May 7, 2012
                                                                                      Page eleven . . .
 
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
          SENECA CITY LINE INITIATIVE
          Chief Gehen stated they will be starting the Seneca Street initiative shortly and will be walking the Seneca City Line area handing out surveys for the residents to complete concerning problems relative to that area.  Chief Gehen further reminded everyone to lock their car doors at night to prevent them from being broken into.
          TOWN BOARD MEETING SCHEDULE
          Supervisor Meegan announced the following Town Board meetings for the second half of 2012:
                             Monday, July 23, 2012                @       7:00 P.M.
                             Monday, August 20, 2012           @       7:00 P.M.
                             Monday, September 10, 2012      @       7:00 P.M.
                             Monday, September 24, 2012      @       7:00 P.M.
                             Monday, October 15, 2012          @       7:00 P.M.
                             Monday, October 29, 2012          @       7:00 P.M.
                             Monday, November 19, 2012       @       7:00 P.M.
 
          CDBG FUNDS FROM WEST SENECA DEVELOPMENT CORPORATION
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution concerning the use of Community Development Block Grant funds that were available to the West Seneca Development Corporation.
 
          On the question, Councilman Rusinski questioned the replacement lighting and Supervisor Meegan responded that parking lot lighting at the Senior Citizens Center will be repaired or replaced as needed.
          Councilman Hart questioned if John W Danforth is doing anything and Supervisor Meegan advised they are taking care of the freezers in the kitchen.
          Ayes: All                                   Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
 
          BRIDGE RECONSTRUCTION ON SENECA BETWEEN CENTER ROAD & LIND AVENUE
 
          Supervisor Meegan announced that Seneca Street between Center Road and Lind Avenue will be closed from June 12 – November 30, 2012 for bridge reconstruction.
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2012-08
West Seneca, NY 14224                                                          May 7, 2012
                                                                                      Page twelve . . .
 
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
 
          JOHN GULLO RECEIVES OUTSTANDING FIRE RESPONDER AWARD
 
          Supervisor Meegan congratulated Code Enforcement Officer John Gullo on receiving the National Homeland Security award for outstanding fire responder.
 
          GARBAGE TOTES
          Councilman Hart noted that the Town Board will be looking at garbage totes at the next work session.
ADJOURNMENT
 
          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:50 P.M.
 
          Ayes: All                                  Noes: None                               Motion Carried
 
 
 
 
          _______________________________________
 JACQUELINE A FELSER, TOWN CLERK
 

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