Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
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 to the Flag led by Code Enforcement Officer Jeffrey Baksa.
ROLL CALL: Present - Sheila M. Meegan Supervisor
John M. Rusinski Councilman
Eugene Hart Councilman
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 Pat Tarquini, Emmett Harrigan, Brocton High School football player Damon Janes, and all those that lost their lives this morning at Washington Naval Park.
20-A MINUTES TO BE APPROVED
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2013-18 of August 26, 2013.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the August 26, 2013 executive session.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the August 29, 2013 bid opening for the East & West Road Sanitary Sewer Rehabilitation Project.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the September 16, 2013 bid opening for the Senior Center Parking Lot Improvements Project.
Ayes: All Noes: None Motion Carried
20-B LEGAL ITEMS
1. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 356 LEIN ROAD, BEING PART OF LOT NO. 283, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), PERMITTING AUTOMOTIVE REPAIR” in the Town of West Seneca, received and filed. (Rick Sayler)
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page two . . .
20-C COMMUNICATIONS
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1. Supervisor Meegan re Resignation of Jolynn Keane
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to accept the resignation of Jolynn Keane and terminate her as Youth Service Program Coordinator effective September 11, 2013 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 Title change for Faith Leone to Clerk part-time
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Faith Leone as Recreation Attendant part-time and appoint Faith Leone as Clerk part-time effective September 16, 2013 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. Highway Supt. re Title change for Kevin Farrell to Highway Laborer
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Kevin Farrell as Highway Laborer-Caretaker and appoint Kevin Farrell as Highway Laborer, Group 1, Step 3, at a rate of $25.28/HR effective September 16, 2013 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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4. Highway Supt. re Title change for Donald Raczka to Highway Laborer-Caretaker
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Donald Raczka as Highway Motor Equipment Operator and appoint Donald Raczka as Highway Laborer-Caretaker, Group 1, Step 5, at a rate of $25.94/HR effective September 16, 2013 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page three . . .
20-C COMMUNICATIONS
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5. Highway Supt. re Title change for John Pangallo to Highway Heavy Motor Equipment Operator
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate John Pangallo as Highway Motor Equipment Operator and appoint John Pangallo as Highway Heavy Motor Equipment Operator, Group 5, Step 5, at a rate of $27.29/HR effective September 16, 2013 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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6. Highway Supt. re Status change for part-time seasonal buildings and grounds laborers to part-time
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time seasonal laborers Rick Mingle & Harold Schwartz to part-time in the Buildings and Grounds Department at a rate of $12/HR and Daniel Walsh at a rate of $10/HR effective September 23, 2013; and further, change the status of the following part-time seasonal laborers in the Buildings and Grounds Department to part-time at a rate of $9/HR effective September 23, 2013:
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Steven Amoia Jr. James Brady Kerry Painter Devin Reynolds
Andrew Balys Kyle Dominczak Michael Pauly Ryan Schrader
Thomas Bebak Jacob Hiam John Radder Thomas Yochum
Austin Boehm Joseph Kropczynski
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart questioned why so many employees.
Highway Supt. Matthew English responded it is the same number of employees working the maximum of 19 hours a week.
Ayes: All Noes: None Motion Carried
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7. Highway Supt. re Bid date for refuse trucks w/packer
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to set a bid date of October 2, 2013 at 10:00 A.M. for receipt of bids on the purchase of four (4) rear loading refuse trucks with packers for the Sanitation Department.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page four . . .
20-C COMMUNICATIONS
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8. Highway Supt. re Bid date for retro-fitting refuse trucks w/packers
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of October 2, 2013 at 10:05 A.M. for receipt of bids on the retrofitting of five (5) refuse trucks with packers for the Sanitation Department.
Ayes: All Noes: None Motion Carried
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9. Senior Recreation Therapist of Sr. Services re Termination of William Falkner as Van Driver
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of William Falkner and terminate him as part-time van driver effective September 3, 2013 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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10. Senior Recreation Therapist of Sr. Services re Status change for Marirose Bless & Carol Kennedy to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Food Service Workers Marirose Bless & Carol Kennedy to part-time seasonal effective October 1 – November 29, 2013 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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11. Town Engineer re Bid award for East & West Road (Leydecker Phase) Sewer Rehabilitation Project
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Motion by Supervisor Meegan, seconded by Councilman Hart, to award the East & West Road (Leydecker Phase) Sewer Rehabilitation Project to E & R General Construction, Inc. 38 St. David’s Drive, West Seneca, NY 14224 at their low alternate bid amount of $970,200.
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On the question, Councilman Hart asked for an explanation of the alternate bid.
Town Engineer Jason Foote responded the alternate bid is for replacement of 21 sanitary sewer laterals in an area that was going to be relined.
Ayes: All Noes: None Motion Carried
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12. Councilman Hart re Resolution opposing the closing of the Children’s Psychiatric Center
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Motion by Councilman Hart, seconded by Councilman Rusinski, to adopt the attached resolution opposing the closing of the Children’s Psychiatric Center located in West Seneca NY.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page five . . .
20-C COMMUNICATIONS
12. (continued)
On the question, Supervisor Meegan stated a letter was sent to Governor Cuomo’s office two weeks ago opposing the closing of the Children’s Psychiatric Center.
Councilman Rusinski commented on the number of caregivers in attendance at the meeting and Councilman Hart requested the regular meeting rules be suspended to invite the public to comment.
Family and community members along with caregivers expressed their concern and voiced their opposition to closing the Children’s Psychiatric Center (CPC), stating early intervention is imperative in providing hope for children. Many personal experiences were shared and comments made that the amount of services and facilities should be increasing instead of being eliminated.
Bob McClellan, a representative from Senator Tim Kennedy’s office, spoke on behalf of the Senator stating he is in full support of keeping the Children’s Psychiatric Center open. He has written to the acting commissioner of mental health and will continue to do what he can to ensure the facility remains open.
Assemblyman Michael Kearns commended the Town Board for sponsoring this resolution and stated his support for keeping the facility open in West Seneca. He commented that over the years West Seneca has done a great job working with the State of New York and the Developmental Center and the state now needs to give back and help the town. Assemblyman Kearns stated it is essential that a safe and healthy environment continue to be provided for children with disabilities.
Councilman Hart questioned if the legislature or senate has had any input or scheduled any hearings regarding this issue.
Assemblyman Kearns responded that hearings have been scheduled but not in Western New York. He has contacted the assembly chairman for mental health and requested hearings be held locally in order to provide the public an opportunity to express their feelings.
Councilman Hart referred to a waiting list he had heard about for available beds at the Buffalo Psychiatric Center and how that number may be reduced. He questioned how many children are on that list and in need of services.
Assemblyman Kearns responded that he doesn’t have an exact number, but it is unacceptable that the amount of available beds is decreasing at a time when New York State should be protecting children who are most vulnerable.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page six . . .
20-C COMMUNICATIONS
12. (continued)
Councilman Rusinski stated he is appalled at the proposed change and thanked Assemblyman Kearns for his support.
Councilman Hart thanked everyone for taking time to share their stories and show their support and suggested they contact the Governor’s office and the state. He further stated he understands the importance of this issue since he has a family member who has been in the care of the State of New York.
Supervisor Meegan thanked everyone for coming to the meeting and stated the board will continue to have conversations and support this issue.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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13. Councilman Hart re Part-Time Clerk Typist for Environmental Commission
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Received and filed.
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14. Town Attorney re Bond resolution for refuse trucks, garbage totes & retrofitting equipment
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the attached bond resolution in the amount of $2,500,000 to finance the purchase of four refuse trucks, garbage totes and equipment for the retrofitting of current trucks.
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On the question, Councilman Hart stated this will be discussed and reviewed closer and passing of this resolution does not mean that all the money will be spent.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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15. Town Engineer re Bid award for Senior Center Parking Lot Improvements Project
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Motion by Supervisor Meegan, seconded by Councilman Hart, to award the Senior Center Parking Lot Improvements Project to Northeast Diversification, Inc., 2 Cadby Industrial Park, Lancaster, NY at their low bid amount of $27,970.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page seven . . .
20-C COMMUNICATIONS
15. (continued)
On the question, Councilman Hart questioned receiving only one bid.
Town Engineer Jason Foote responded the reason only one bid was received is because they are bidding late in the season and due to the federal requirements of Minority and Women Business Enterprise (MWBE). The sole bidder is within the engineer’s estimate and performed work for the town in the past. Work will commence in two or three weeks after all the required paperwork is received.
Ayes: All Noes: None Motion Carried
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16. Town Attorney re Amended bond resolution – Sanitary Sewer Improvements
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the attached resolution amending Section 5 of Bond Resolution No. 3-2012 adopted May 7, 2012, authorizing the issuance of bond anticipation notes to finance the construction of certain common improvements and increases to sanitary sewer facilities to serve town sewer districts 5, 13 and 20 in order to correct the maximum maturity of the bonds.
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On the question, Councilman Hart questioned the change.
Town Attorney Shawn Martin responded the change involved the length of maximum maturity of the bond.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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17. Supervisor Meegan re Approval of JCAP Grant
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the JCAP Grant in the amount of $2,480 for readers, access modules, doors, labor etc.
Ayes: All Noes: None Motion Carried
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20-D REPORTS
· Jacqueline A. Felser, Town Clerk’s report for August 2013 received and filed.
· John A. Gullo, Code Enforcement Officer’s report and plumbing report for August 2013 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page eight . . .
20-E APPROVAL OF 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 - $44,713.87; Highway Fund - $8,144.69; (voucher #’s 80208-80408); Capital Fund - $655,635.36 (voucher #’s 80290-80321)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
FAMILY ENERGY PEDDLER PERMIT
Clinton Brown, a Supervisor with Family Energy, commented on the solicitor/peddler permit procedure in town and stated that in the past individual complaints were received from West Seneca residents and his permit was revoked. Employees of Family Energy have since been fired and new employees hired, paid the required $200 fee and received their permits. However, Mr. Brown’s personal application has been denied based on previous complaints and he was directed to request a hearing before the Town Board.
Town Attorney Shawn Martin responded that pursuant to Town Code, Mr. Brown can request a hearing in order to determine whether or not he should be issued a solicitor’s permit.
Councilman Hart questioned if this is normal procedure.
Mr. Martin responded that the provision is written in Town Code stating if a permit is revoked or denied that individual can request a hearing, go before the board and either have the decision of denial upheld or possibly reversed. He will schedule the hearing for September 30th.
CHILDREN’S PSYCHIATRIC CENTER
Karen Lucachik stated she has lived in West Seneca over 40 years and never realized the good work at the Children’s Psychiatric Center. She thanked the board for the information that was presented at this meeting.
STATUS OF AMERICORPS PAYMENTS
Karen Lucachik questioned the status of AmeriCorps payments.
Finance Director Patrick Clancy responded payment was received this month.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page nine . . .
ISSUES OF THE PUBLIC
STATUS OF FEASIBILITY STUDY
Karen Lucachik questioned the status of the feasibility study.
Supervisor Meegan responded the firm performing the study will be decided tonight in Executive Session and placed on the September 30th agenda. Results from the study should be available by mid November.
ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY (ECIDA)
Karen Lucachik questioned the status of West Seneca possibly acquiring a seat on the ECIDA or forming an independent IDA.
Supervisor Meegan responded that West Seneca is part of but does not have a seat on Erie County’s IDA. Working with Senator Gallivan, there is an offer and opportunity for the town to join Hamburg and Lancaster. The Community Choice Act will allow existing local IDA’S to offer their economic development programs to other communities and allow municipalities without an IDA the freedom of choice which IDA they wish to partner with. All decisions will rest upon local governments and no municipality will be compelled or mandated to partner with an IDA that is not one of their choices. This legislation is currently proposed in the state.
BURCH AVENUE
Linda Toy referred to a recent stabbing on Burch Avenue and voiced her concern about gangs harassing seniors and overall safety on the street. Residents are afraid to speak up, fearful of retaliation and the situation is escalating. Mrs. Toy requested police patrols be increased to protect children, seniors and the quality of life on Burch Avenue.
Mary Jane Piechocki commented on the increase in violence and large amount of occupants in rental units. Gangs come from the east side and seem to know when police are called.
Chief Denz stated he has talked with Mrs. Toy, is aware of the problem and strategies have been developed to increase patrol in that area. The most recent issue involved retaliation between parties that knew each other. Chief Denz noted that a block club has existed on Burch, Savona, Duerstein and Manhassett for approximately 15 years and they meet once a month. He stated it is imperative that citizens report all problems.
Pat Hall referred to the night of the stabbing and stated two police officers were at her home pounding on the door trying to break in not realizing they had the wrong house and should have been next door. Mrs. Hall further stated that problems have once again escalated with dog fighting and drugs.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page ten . . .
ISSUES OF THE PUBLIC
BURCH AVENUE (continued)
Chief Denz stated he will meet with residents after the meeting to discuss the block club and reoccurring problems that have escalated.
Vince Talty commented on a vacant lot and an unsecured area behind his home where kids hang out and drink beer. He suggested access to the vacant lot be closed.
Code Enforcement Officer Jeffrey Baksa responded the property owner has repeatedly reinforced the fence every time they have been contacted by his department. Kids continue to cut through the fence and are now entering the vacant building. He will stop by the property tomorrow, take pictures and contact the owner about better securing the area. Mr. Baksa noted that NYS requires entry of Code Enforcement Officers to all multiple dwellings with 3 or more units to perform fire inspections.
Supervisor Meegan stated the vacant building will eventually be demolished but is currently a stalled skilled nursing facility project in Albany.
Amy Carpenter suggested putting a town camera on the street to catch some of the activity.
STATUS OF CLINTON STREET – LAKESIDE DRIVE LAWSUIT
Amy Carpenter questioned the status of the Clinton Street - Lakeside Drive lawsuit.
Town Attorney Shawn Martin responded they have not received a decision from the court.
STATUS OF SCHOOL STREET PROPERTY
Amy Carpenter questioned if a determination was made regarding the School Street property.
Town Attorney Shawn Martin responded after reviewing the books town auditors determined $8000 is all AmeriCorps can afford to pay. New documents are being drafted and will reflect payments being added to the end of the agreement. Payments will continue until the agreed amount is satisfied.
UNION CONTRACTS
Amy Carpenter questioned if union contracts are going to be available online.
Supervisor Meegan suggested Mrs. Carpenter initiate a FOIL request and she will provide her with the information.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page eleven . . .
ISSUES OF THE PUBLIC
STATUS OF MASTER PLAN UPDATE
Amy Carpenter questioned if there was any progress with the Master Plan and Supervisor Meegan responded there was no update.
REZONING OF SENECA MALL SITE
Amy Carpenter questioned the status of rezoning the Seneca Mall site.
Councilman Hart responded the owner withdrew his request to have the property rezoned.
HUMAN RESOURCE POSITION
Amy Carpenter questioned the status of establishing a human resource position.
Supervisor Meegan responded the town issued a request for quotes (RFQ) and only one response was received. They hope to have this position established and in place by January/February.
Town Attorney Shawn Martin stated RFQ’s were sent to any provider of this service within a 50 mile radius of West Seneca.
PINEWOOD DRIVE PAVING
George Clifford complimented the Highway Department for the great paving job on Pinewood Drive and also requested a no outlet sign due to the large amount of turn around traffic.
Highway Supt. Matthew English stated he would have a no outlet sign placed on the street.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
REACCREDITATION OF POLICE DEPARTMENT
Chief Denz stated the Police Department successfully received reaccreditation for five years.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 8:50 P.M to discuss professional services, a contract matter and a personnel issue with Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-20
West Seneca, NY 14224 September 16, 2013
Page twelve . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
The board members returned from Executive Session at 9:10 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to adjourn the meeting at 9:10 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK