Town Board Minutes
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 May 12, 2014
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 Mitch Martin.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
William P. Hanley, Jr. 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 Patricia Brinkworth, Joseph Gullo, Patricia Ann Courtney, Michael Story, Richard Higgins, Judith Nesselbush & Sophie Crowe.
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2014-08 of April 21, 2014.
Ayes: All Noes: None Motion Carried
9-B LEGAL ITEMS
1. 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 1881 RIDGE ROAD, BEING PART OF LOT NOS. 294 & 336, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1 (S), TO ALLOW FOR A TRUCK RENTAL OPERATION” 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
Robert Blood of Lauer Manguso & Associates represented Home Depot and stated their request to designate 20 parking spaces in the middle of the parking lot at 1881 Ridge Road for the sole purpose of parking rental vehicles. Per the conditions of the Planning Board there will be no servicing or maintenance on the vehicles. The area will be designated with striping with no buildings, barricades, fencing or signage.
Councilman Hanley suggested the designated spaces be moved from the middle of the parking lot to along the sidewalk.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 May 12, 2014
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9-B LEGAL ITEMS
1. (continued)
Mr. Blood responded the designated area was chosen because the vehicles are currently parked there. He requested the board members postpone voting on this to allow him time to discuss some issues with the landlord.
No comments were received from the public.
Motion by Councilman Hart, seconded by Supervisor Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
2. 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 SPECIAL PERMIT FOR PROPERTY LOCATED AT 2421 CLINTON STREET, BEING PART OF LOT NO. 1, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2 (S), FOR AN OIL CHANGE FACILITY” 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
Patrick Bundy of ASAP Oil Change stated his proposal to open an oil change facility at 2421 Clinton Street. The services provided will include oil changes and tire rotations. There will be no storage or repair of vehicles on site.
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 Hart, to approve a special permit for property located at 2421 Clinton Street, being part of Lot No. 1, changing its classification from C-2 to C-2(S), for an oil change facility.
Ayes: All Noes: None Motion Carried
*APPENDICES*
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 May 12, 2014
Page three . . .
9-B LEGAL ITEMS
3. Motion by Supervisor Meegan, seconded by Councilman Hart, 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 2014-06, ESTABLISHING A MORATORIUM WITH REGARD TO ESTABLISHING OR EXPANDING FACILITIES ENGAGED IN ANAEROBIC DIGESTION OF SOLID WASTE AND/OR SEWAGE OR OTHER SLUDGES, OR THE PROCESSING, STORAGE AND/OR DISPOSAL OF SUCH MATERIAL WITHIN THE TOWN” 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
Town Attorney Matt Palmieri stated this will be a six month moratorium on any expansion of the existing facility or new build. The moratorium will allow time to research potential negative effects of this type of business and better assist the Town Board in reaching an overall determination.
Supervisor Meegan stated the purpose and intent of the moratorium is so the board members can review and address in a careful manner the provisions relating to regulation and citing of facilities engaged in the processing of sewage, sludge, and septic disposal and to adopt appropriate provisions to achieve such purposes. The Environmental Commission, Town Engineer and legal counsel will all play key roles in this study.
Karl Spencer of the West Seneca Environmental Commission read a statement supporting a moratorium on the building or expansion of this type of facility. He stated the goal of the commission is to look at the pros and cons and do what is in the best interest of the citizens. Mr. Spencer stated he is willing to sit on a board and assist with the study.
Councilman Hart understood the company running the facility does not intend to build or expand in the immediate future, but the town still needs to go forward with the study.
David Kims thanked the Town Board for proposing the moratorium and providing the necessary time to complete a thorough study on this issue. He encouraged Supervisor Meegan to unite with other Supervisors and pressure state legislators to do something on a state level.
Councilman Hanley asked if Mr. Kims would be part of a board to study this issue and Mr. Kims responded he would be willing to assist.
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West Seneca, NY 14224 May 12, 2014
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9-B LEGAL ITEMS
3. (continued)
Councilman Hart questioned the authority of the Industrial Park Review Committee and if the Town Board can reject a plan that is approved by that committee.
Mr. Palmieri responded the Industrial Park Review Committee does an initial review and brings their assessment to the Town Board for final approval. They do not have the authority to vote yes or no on a restricted use permit.
Amy Carpenter referred to the spill that recently occurred at Quasar and questioned if the town will be looking at putting additional requirements or restrictions in place going forward.
Mr. Palmieri responded a full due diligence review will take place and any added language will be carefully crafted so it will not be overturned by any other governmental body.
Mrs. Carpenter questioned if the town can reject a project even if approval is received from the DEC and EPA.
Mr. Palmieri responded the Town Board can craft legislation that is more definitive; however, that language cannot supersede the DEC or EPA.
Mrs. Carpenter commented on standard procedures for odor and soil sampling. She questioned how an accurate air sample can be taken when the complainant cannot be present and how soil samples are self regulated and monitored.
Jeanette Mattucci understood the town is getting sludge from Amherst and Clarence and questioned why West Seneca would consider this while other towns are rejecting it. Ms. Mattucci voiced her concern that Quasar neglected to inform the town about a structural crack.
Supervisor Meegan responded that Quasar called the DEC directly and it was a natural spill that was cleaned up and handled properly. The DEC made no recommendations on what was done. She further stated the town is requesting a moratorium to take time to review the proposed expansion and ensure public safety is not compromised.
John Olivati stated he owns eight acres of land adjacent to the Industrial Park. During a thaw or when it rains, water from the Industrial Park flows onto his property. Mr. Olivati is concerned that leakage from the facility will flow into the 3’ x 10’ drainage ditch located at the rear of his property and end up in Buffalo Creek. He further commented on lagoon basins and the potential problems they present.
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West Seneca, NY 14224 May 12, 2014
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9-B LEGAL ITEMS
3. (continued)
Supervisor Meegan responded all these concerns will be addressed as part of the conversation. She invited and encouraged the public to attend meetings, noting the meeting dates will be announced.
Councilman Hart questioned if there are safety features in the design of the facility that will prevent runoff to surrounding waterways.
Code Enforcement Officer John Gullo responded there is some protection, including emergency shutoffs, but he was unsure if there are any holding tanks or a holding area.
Beverly Leising supported a moratorium and expressed concern about possible bacteria growth since the temperature is only heated to 100 degrees. She was also concerned that the water system could be compromised and did not want to see another Love Canal in West Seneca.
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 Hart, to adopt Local Law #2014-06 amending Chapter 120 to establish a moratorium with regard to establishing or expanding facilities engaged in anaerobic digestion of solid waste and/or sewage or other sludges, or the processing, storage and/or disposal of such material within the town.
Ayes: All Noes: None Motion Carried
*APPENDICES*
4. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 14 CENTER ROAD, BEING PART OF LOT NO. 98, CHANGING ITS CLASSIFICATION FROM R-60A TO C-1 FOR A CHILD CARE FACILITY” in the Town of West Seneca, received and filed.
5. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE PURCHASE OF AN EXCAVATOR AT A COST OF $89,699 FROM THE HIGHWAY RESERVE FUND” in the Town of West Seneca, received and filed.
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West Seneca, NY 14224 May 12, 2014
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9-D COMMUNICATIONS
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1. Supervisor Meegan re Retirement of Gladys Ryan |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Gladys Ryan and terminate her as Clerk Typist effective May 16, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Supervisor Meegan and Councilman Hart thanked Mrs. Ryan for her service and wished her well in her retirement. Town Clerk Jacqueline Felser also wished Mrs. Ryan well and commented she is a true public servant and played a key role in the merger of the tax office with the Town Clerk’s office.
All Noes: None Motion Carried
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2. Supervisor Meegan re Retirement of Linda Kauderer |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Linda Kauderer and terminate her as Account Clerk Mini Computer Operator effective May 20, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, board members congratulated Ms. Kauderer on her retirement and wished her well.
All Noes: None Motion Carried
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3. Supervisor Meegan re Appointment of Amy Kobler as part time Clerk |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Amy Kobler as part time clerk at a rate of $10/HR effective May 13, 2014 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. Supervisor Meegan re Standard workday & reporting resolution |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached Standard Work Day and Reporting Resolution and authorize the Comptroller’s office to submit completed forms to the Elected & Appointed Officials Reporting program. Ayes: All Noes: None Motion Carried *APPENDICES* |
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West Seneca, NY 14224 May 12, 2014
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9-D COMMUNICATIONS
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5. Supervisor Attorney re SEQRA determination for water transfer to ECWA |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached SEQRA determination resolution for the transfer of the water distribution system owned by the Town of West Seneca to Erie County Water Authority, noting that no environmental impact statement is necessary and a Negative Declaration is therefore appropriate. Ayes: All Noes: None Motion Carried *APPENDICES* |
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6. Town Engineer re Quote for Mineral Springs Road re-paving |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize CMH Company, Inc., 12704 North Road, Alden, NY 14004 to perform repaving work on the repaired section of Mineral Springs Road at their low quote of $33,885 and noting that funding is available under budget line 003.8100.0445 sewer repairs. Ayes: All Noes: None Motion Carried |
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7. Town Engineer re Purchase requiring Town Board approval |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the purchase of monorail and bar screen room doors at the Plant 6 facility from National Overhead Door, Inc., 5880 New Taylor Road, Orchard Park, NY 14127 at their low quote of $5,904 noting funding for this work is available under sewer repairs budget line 3.8100.0443. Ayes: All Noes: None Motion Carried |
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8. Highway Supt. re Title change for Jason Terry as Highway Laborer |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Jason Terry as Sanitation Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 May 12, 2014
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9-D COMMUNICATIONS
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9. Highway Supt. re Title change for David Baker as Sanitation MEO |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate David Baker as Sanitation Ayes: All Noes: None Motion Carried |
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10. Highway Supt. re Purchase requiring Town Board approval |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a piggyback purchase with the Livingston County Highway Department for a new and unused 2013 Interstate Model 102SDGN 50-ton-capacity equipment trailer from George & Swede Sales & Service, 7155 Big Tree Road, Pavilion, NY 14525 in the amount of $62,030 noting this purchase is under the recently amended Piggyback Provision authorizing purchases by other municipalities as allowed by GML 103(16) with funding available in the Highway Reserve Fund. |
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On the question, Councilman Hanley questioned what the trailer will be used for and if it will be used frequently. Highway Supt. Matthew English responded the trailer will be used daily to move equipment.
Ayes: All Noes: None Motion Carried
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11. Highway Supt. re Budgetary amendment request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to increase revenue Acct. #2.0002.0878 Highway Reserves and increase expense Acct. #2.5130.0202 Highway Machinery Reserves by $383,699 each. Ayes: All Noes: None Motion Carried |
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12. Chief Denz re Pay increase for Joshua Scanlon |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to increase the hourly pay rate for part-time Public Safety Dispatcher Joshua Scanlon to $11.45/HR retroactively as of May 23, 2013, noting he was entitled to the raise and was inadvertently overlooked 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, NY 14224 May 12, 2014
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9-D COMMUNICATIONS
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13. Chief Denz re Attendance of K. Baranowski and D. Crowe at Law Enforcement Training Conference |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Detective Lieutenant Kevin Baranowski and Detective Daniel Crowe to attend the Canadian American Law Enforcement Organization (CALEO) training conference in Niagara Falls, Ontario, Canada, May 21 – 23, 2014 at a cost not to exceed $700 noting that sufficient funds are available in the 2014 police training course line item #1.3120.0459. |
On the question, Councilman Hart questioned the type of training.
Chief Denz responded the training is related to detective work and rotates between Canada and New York annually. Topics such as homeland security, homicide investigations and collection of DNA are presented and discussed.
Ayes: All Noes: None Motion Carried
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14. Chief Denz re Status change for part-time Public Safety Dispatcher Matthew Leitzel to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Public Safety Dispatcher Matthew Leitzel to part-time seasonal effective Ayes: All Noes: None Motion Carried |
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15. Town Clerk re West Seneca Public Library annual yard sale |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the request of the Friends of the West Seneca Public Library to hold their annual yard sale on property adjacent to the West Seneca Public Library along Union Road and Legion Drive on Saturday, August 16, 2014 from 9:00 A.M. to 3:00 P.M. Ayes: All Noes: None Motion Carried |
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16. Code Enforcement Officer re Status change for part-time Laborer Doug Busse to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time laborer Doug Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 May 12, 2014
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9-D COMMUNICATIONS
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17. Code Enforcement Officer re Rezoning request for 5641 Seneca Street |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to refer the rezoning request for 5641 Seneca Street to the Planning Board for recommendation. |
On the question, Councilman Hart questioned the location of this property.
Code Enforcement Officer John Gullo responded the property is located behind Eastern States Sentinel and the Sunoco gas station at Seneca Street and Transit Road.
Councilman Hanley questioned if the petitioner is currently using the property for his business.
Mr. Gullo responded that he had advised the owner to apply for a rezoning to comply with the zoning ordinance.
Ayes: All Noes: None Motion Carried
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18. Director of Recreation re Title change for Nathaniel Osmond as Recreation Supervisor seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Nathaniel Osmond as part time lifeguard and appoint Nathaniel Osmond as part-time seasonal Recreation Supervisor, at a rate of $13.50/HR effective May 12, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hart questioned if Mr. Osmond has experience in this area for appointment to this position.
Recreation Director Craig Kroll responded Mr. Osmond is replacing Matthew Melski and has experience.
Ayes: All Noes: None Motion Carried
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19. Town Justices re Budgetary amendment request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to increase revenue account #1.0001.3021.3333 and increase expense account #1.1110.0200.3333 in the amount of $3,951.98 each, noting that the source of funding for this request is grant money awarded to the Town Justice court office from the NYS Justice Court Assistance Program. Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 May 12, 2014
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9-D COMMUNICATIONS
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20. Supervisor Meegan re West Seneca Community 5K run and walk |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the West Seneca Community 5K run and walk on Thursday, June 26, 2014 beginning at 6:30 PM on designated streets in the Town of West Seneca, noting that Chief Denz and Highway Supt. Matthew English have reviewed the request and given their approval. Ayes: All Noes: None Motion Carried |
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21. Town Engineer re Budgetary transfer request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budgetary transfer request of $357,365 from the following Repairs and Maintenance Accounts: Account # Amount 3.8301.1443 $ 34,448 3.8302.1443 21,139 3.8304.1443 53,946 3.8306.1443 204,787 3.8307.1443 12,130 3.8308.1443 23,300 3.8309.1443 7,615 to Direct Service to ECWA Acct. #5.1440.0200.0527 to cover expenses for the replacement of the Leydecker pump station generator. Ayes: All Noes: None Motion Carried |
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22. Town Engineer re Energy Performance Contract |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing approval and execution of the second phase of the energy performance contract from Danforth. |
On the question, Councilman Hart suggested Danforth representative TR Cassamente give an overview of the project.
Mr. Cassamente explained that Danforth will be continuing the energy performance contract they started approximately two years ago. The majority of the next phase will be street lighting and the installation of high efficiency bulbs. Mr. Cassamente noted there will be an approximate cost savings of $5 million dollars over the term of the entire project.
Ayes: All Noes: None Motion Carried
*APPENDICES*
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 May 12, 2014
Page twelve . . .
9-D COMMUNICATIONS
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23. Town Engineer re Memorandum of Understanding with Erie County Water Authority |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing the Supervisor to execute a memorandum of understanding with Erie County Water Authority (ECWA) with regard to transfer of the town water system to ECWA. |
On the question, Councilman Hart explained this is the first step of a process beginning in the southern part of town. The water utility will be fully owned by Erie County Water Authority rather than the Town of West Seneca. Legacy and maintenance costs will be eliminated going forward.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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24. Town Assessor re Assessment Review Settlement Agreements |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the assessment review settlement agreements with MCI Communications Services Inc. and Verizon New York, Inc. Ayes: All Noes: None Motion Carried |
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25. Resignation of Town Comptroller Jean Nihill |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of Jean Nihill and terminate her as Town Comptroller effective May 12, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
9-E REPORTS
· Jacqueline A Felser, Town Clerk’s report for April 2014 received and filed.
· Comptroller Jean Nihill, Revenue/expense comparison control report posted as of May 12, 2014; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report posted as of May 12, 2014 received and filed.
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ISSUES OF THE PUBLIC
COMPTROLLER’S OFFICE
Amy Carpenter referred to the resignation of Comptroller Jean Nihill and retirement of Linda Kauderer and questioned who is handling the town’s finances.
Supervisor Meegan responded the board members were just notified of Mrs. Nihill’s resignation and they will be discussing this in Executive Session.
SUMMER CAMP
Amy Carpenter questioned how many children were enrolled in the Summer Camp program and if counselors have been hired.
Recreation Director Craig Kroll responded approximately 100 children overall have enrolled. Interviews have been conducted and recommended appointments will be on the agenda for the June 2nd Town Board meeting. All new hires will have background checks and drug testing.
STATUS OF AMERICORPS PAYMENTS
Amy Carpenter questioned the status of AmeriCorps payments and if the town is continuing discussions with AmeriCorps.
Supervisor Meegan responded she is unsure if this month’s payment was received and discussions are ongoing with AmeriCorps.
FLOODING IN LEXINGTON GREEN NEIGHBORHOOD
Stephanie Serrano referred to the flooding in the Lexington Green neighborhood, stating she is back in her home on Gregory Drive after 3½ months. She questioned the status of the sandbags and if a permanent berm is going in.
Councilman Hart responded it will be some time before these questions are answered since the study is ongoing.
Town Engineer David Johnson responded the Army Corps of Engineers is in the process of conducting a study and does not yet have the necessary data to make any determinations. The town currently has no plans to remove the sandbags.
Mrs. Serrano questioned if the debris in the creek will be cleaned out this summer.
Mr. Johnson responded he was not aware of any plans for the creek to be cleaned.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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ISSUES OF THE PUBLIC
FLOODING IN LEXINGTON GREEN NEIGHBORHOOD (continued)
Councilman Hart stated that Department of Environmental Conservation (DEC) permits and Army Corp of Engineer (ACOE) approval is necessary to clean the creek.
Supervisor Meegan stated discussions are ongoing with the DEC and ACOE and funding for flood victims is continuing to be in discussed in Albany.
Mitch Martin from Senator Gallivan’s office stated the Senator is working with Governor Cuomo’s office and the issue is not forgotten.
Mrs. Serrano thanked board members for their quick response and placement of sandbags when the second flood occurred. She further commented on a neighbor in need of a structural engineer and questioned if the board members had any suggestions or recommendations.
Code Enforcement Officer John Gullo suggested the resident contact his office and he will provide a list of engineers that have worked in town.
HARLEM ROAD BRIDGE
Stephanie Serrano referred to a recent news report where FEMA declared certain bridges unsafe and is paying 75 percent of repair costs. She questioned if FEMA looked at the Harlem Road Bridge.
Supervisor Meegan responded that Congressman Brian Higgins has asked for $12.2 million for the repair/replacement of the Harlem Road Bridge.
ETHICS COMMITTEE
Dale Clarke referred to an article about rethinking ethical behavior in the City of Lockport, stating many issues being addressed in Lockport are similar to problems in West Seneca. Mr. Clarke questioned if Councilman Hart had made his appointments to the Ethics Committee and if the committee will be meeting soon.
Councilman Hart stated he had made two appointments to the Ethics Committee.
Supervisor Meegan stated that meetings are called by Town Clerk Jacqueline Felser who chairs the committee. When issues are presented to Mrs. Felser it is at her discretion to call a meeting.
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ISSUES OF THE PUBLIC
ETHICS COMMITTEE (continued)
Mr. Clarke referred to a previous issue brought before the board members regarding Zoning Board of Appeals Chairman Timothy Elling receiving super bowl tickets, airfare and hotel accommodations. He questioned if this will go before the Ethics Committee and when a determination will be made.
Supervisor Meegan responded the matter will be reviewed by the Ethics Committee and she did not know when a determination will be made.
FOIL REQUEST – COMPTROLLER’S OFFICE
Margaret Bielecki stated she received a letter dated April 8th acknowledging her FOIL request; however, she has yet to receive the information and it is now over 30 days since she made the request.
Supervisor Meegan requested that Town Attorney Matt Palmieri look into this issue and contact Mrs. Bielecki directly.
Mrs. Bielecki questioned if at any time anyone in the Comptroller’s Office was overpaid and if overpaid monies were reimbursed to the town by its insurance company. The period in question is from 2008 – 2012 when certain employees received out-of-title pay for all their hours (worked, sick time and vacation time) under titles that were not in the union contract. Mrs. Bielecki further stated in order for an employee to receive out-of-title pay it required Town Board approval and that approval was never given.
Councilman Hart responded this took place prior to him being on the Town Board, but there is a letter from the town’s insurance company stating there was no basis for the claim so it was denied.
Supervisor Meegan responded that this issue was filed under an employee dishonesty claim and the title issue was resolved. She assured Mrs. Bielecki she will receive the information and encouraged her to contact any board member with questions she might have once she reviews the paperwork.
Mrs. Bielecki voiced her concern regarding possible increased monetary retirement benefits for certain employees that were paid at a higher rate than they were entitled.
Supervisor Meegan suggested Mrs. Bielecki contact the NYS Comptroller with any concerns regarding retirement benefits.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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ISSUES OF THE PUBLIC
ENERGY PERFORMANCE CONTRACT
Beverly Leising questioned if the next phase of street lighting and the installation of high efficiency bulbs will affect the Harwood Road and Tobey Hill Drive area.
Highway Sup’t. Matthew English responded that decision will be up to Danforth who is the contractor.
Mrs. Leising referred to the lighting district charge on her tax bill, commenting she would be appreciative if that cost could be reduced.
STREETLIGHT REPAIR
Beverly Leising questioned the status of a streetlight repair in her neighborhood.
Highway Sup’t. Matthew English responded crews were recently on site evaluating the repair which entails a lengthy dig under a fence and into a backyard. The electricians are aware of the situation, but the ground is soft.
AIR CONDITIONING AT SENIOR CENTER
Beverly Leising questioned why the air conditioning system at the Senior Center has not been turned on.
Senior Recreation Therapist of Senior Services Mary Josefiak responded it is difficult to adjust the system in the spring and fall due to a fluctuation in day time temperatures.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SEXUAL OFFENDERS BILL
Mitch Martin commented on a bill proposed by Senator Gallivan that will require sex offender information be provided to the school district and municipality ten days in advance when moving into an area. He is also continuing to investigate legislation that will not exempt state facilities from local zoning codes.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
BUSINESS SUMMIT
Mitch Martin announced that Senator Gallivan along with the West Seneca Chamber of Commerce is sponsoring a free business summit at Certo Brothers on North America Drive on Friday, May 16th at 8:00 a.m. The Senator will speak on fostering a better business environment. Senior Business Advisor Frank Swiatek will also speak on ways to market businesses more effectively. Mr. Martin encouraged anyone interested in attending the summit to contact his office since seating is limited.
WOMEN OF DISTINCTION AWARD
Mitch Martin commented on Supervisor Meegan’s numerous accomplishments and how hard she works for the citizens of West Seneca. In recognition of this, Senator Patrick Gallivan has selected Supervisor Meegan as the Woman of Distinction for 2014 and she will be honored tomorrow in Albany.
Supervisor Meegan thanked Mr. Martin for his kind words, stating it is a privilege and honor to receive this recognition and she is grateful and truly blessed to be Supervisor.
Town Clerk Jacqueline Felser and Senior Recreation Therapist of Senior Services Mary Josefiak congratulated Supervisor Meegan on her Woman of Distinction award, stating it is well deserved and they are proud to know her and work with her.
MOTHER’S DAY TEA
Recreation Director Craig Kroll reported on the success of the Mother’s Day tea hosted by the YES Program and stated they plan to continue this event next year.
KIWANIS CENTER DANCE
Recreation Director Craig Kroll announced a dance will be held this Friday for sixth, seventh and eighth graders at the Kiwanis Center.
WEST SENECA CENTENARIAN
Councilman Hanley announced that West Seneca resident Ann Dubois is turning 100 years old on May 17th and wished her Happy Birthday.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 May 12, 2014
Page eighteen . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
CITIZEN OF THE YEAR AND COMMUNITY AWARD
Supervisor Meegan congratulated Ken & Kim Hanson who received the Citizen of the Year award from the Judges and Police Conference of Erie County. She also congratulated Highway Sup’t. Matthew English and the Highway/Sanitation Departments who were the recipients of the 2014 Community Organization Honorees award from the West Seneca Central School District.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 8:15 P.M. to discuss personnel issues.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 9:45 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:45 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK