Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-12
West Seneca, NY 14224 June 30, 2014
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by a recording of the National Anthem sung by the choir from West Seneca West and West Seneca East and the Pledge of Allegiance to the Flag led by Boy Scout Troop #138.
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 Celia Morris, Barbara Kelleher & William J Carr.
12-A MINUTES TO BE APPROVED
· Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2014-11 of June 16, 2014.
On the question, Councilman Hart asked for clarification on a statement in the minutes made by Highway Supt. Matthew English. Councilman Hart thought the statement “they are so obsessed they have called people in higher positions in Albany and Washington and asked them to talk to people Mr. Schultz has running for the committee and ask them not to run” referred to himself and Councilman Hanley. He denied having spoken to anyone and questioned if this was misquoted.
Councilman Hanley also stated he had not spoken to anyone in Washington.
Mr. English responded it was misquoted and he did not say it was Councilman Hart or Councilman Hanley.
Councilman Hart requested the recording be reviewed and the minutes corrected to the actual quote that was made with approval of the minutes held until the next meeting.
Town Clerk Jacqueline Felser stated she will review the recording.
12-B TABLED ITEMS
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1. Highway Supt. re Appointment of Robert Schultz as seasonal laborer in Highway Department |
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Motion by Councilman Hart, seconded by Councilman Hanley, to remove the item from the table. Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 June 30, 2014
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12-B TABLED ITEMS
1. (continued)
Councilman Hart stated he feels it is the board’s responsibility to make a determination as to whether Highway Supt. Matthew English has the authority to appoint Mr. Schultz without board approval, further stating he would like to vote on the appointment. Both Councilman Hart and Councilman Hanley voted no to the appointment of Mr. Schultz.
Supervisor Meegan noted Mr. Schultz is no longer working in this capacity, so the vote is a moot point.
Highway Supt. Matthew English stated under NYS Law he has control of the #2 budget and is able to make an appointment to this position.
Councilman Hart continued to question Mr. English’s authority and requested he provide the board with the section of law he was referring to.
Attorney for the Town Charles Grieco referred to Section 140 of the Highway Law stating a Highway Superintendent can make an appointment to a position covered under that section of law.
Councilman Hart questioned if an individual in the office answering phones is covered under Section 140 of the Highway Law.
Mr. Grieco responded he did not know enough about the position to make that determination.
Mr. English stated this position involves more than answering phones. The appointment is for a laborer not a clerk typist and entails the same duties as a caretaker.
Councilman Hanley understood the law says the Highway Superintendent has the right to hire within budgetary constraints personnel needed for the maintenance of roads, bridges and removal of snow, not office personnel.
Councilman Hart stated a determination needs to be made as to whether the appointment by the Highway Superintendent falls within the law and he suggested the counsel for the association provide an opinion.
Mr. English responded he will provide the name and number of the president of the association.
Councilman Hart stated he will also check with the Association of Towns.
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West Seneca, NY 14224 June 30, 2014
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12-C COMMUNICATIONS
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7. Chief Denz re Title change for Officer James Unger as Police Lieutenant |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate James P Unger as Police Officer and appoint James P Unger as Police Lieutenant effective July 1, 2014 at an annual salary of $90,022.08 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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1. Supervisor Meegan re Creation of Engineer Assistant position |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to create the position of Engineer Assistant 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 Appointment of Eric Labrie as Engineer Assistant provisional |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to provisionally appoint Eric Labrie as full-time Engineer Assistant effective June 23, 2014 at an annual salary of $39,118.66, Group 8A, Step 1 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hart referred to the June 23rd effective date of appointment and questioned if the town is authorized to use a date prior to the position actually being created.
Supervisor Meegan responded the town is authorized and has a PO 17 dated June 6th. She stated the Engineering Department has expressed a great need to hire a replacement since Mr. Solly retired in February and after numerous interviews it was determined a new title of Engineer Assistant would be created with Erie County. Supervisor Meegan stated Mr. Labrie is a past employee who interned last summer, is familiar with town operations and a US veteran.
Councilman Hart stated his only concern was that even though a PO 17 was created Mr. Labrie was put on the payroll without board approval.
Supervisor Meegan stated the county does not have an issue with Mr. Labrie starting a week early as long as all necessary paperwork is complete. The narrative took time, but the paperwork is all complete and Mr. Labrie is a perfect fit for the job.
Councilman Hanley questioned if this will fill the opening in the Engineering Department.
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West Seneca, NY 14224 June 30, 2014
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12-C COMMUNICATIONS
2. (continued)
Supervisor Meegan responded this will fill the vacant position.
Councilman Hart questioned if Mr. Labrie will have the opportunity to advance and if the salary is satisfactory with civil service and the union.
Town Engineer Richard Henry responded that Mr. Labrie will have the opportunity to advance and the salary is satisfactory.
Supervisor Meegan stated the labor attorney was contacted and they are waiting for a memorandum of understanding (MOU).
Councilman Hart commented that Mr. Labrie will be a great employee for the town and his only concern was that there would not be a problem in the future since he started working before the Town Board appointed him.
Supervisor Meegan suggested that Councilman Hart contact her office prior to the meeting if he has any questions in the future.
Ayes: All Noes: None Motion Carried
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3. Supervisor Meegan re Policy change for Town |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a policy change effective July 1, 2014 stating no person having voluntarily retired from employment with the Town of West Seneca shall be hired to a paid position within the town, noting this policy change is to exclude Court Officers. |
On the question, Councilman Hart questioned if there is an existing policy manual for inclusion of this policy change so it is not forgotten in the future.
Supervisor Meegan responded they are working on hiring a human resource person and this will be part of it, noting it is a recommendation not a law.
Councilman Hart stated the attorney’s office has recommended this issue be addressed more thoroughly to avoid potential problems. He suggested the item be tabled for further discussion.
Supervisor Meegan questioned why she was not notified by the attorney’s office of any potential problems with this proposed policy change.
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West Seneca, NY 14224 June 30, 2014
Page five . . .
12-C COMMUNICATIONS
3. (continued)
Attorney for the Town Charles Grieco responded he sent an email regarding this issue to the board members on Friday.
Councilman Hanley understood there was some concern with possible age discrimination and was in favor of tabling this item.
Motion by Councilman Hart, seconded by Councilman Hanley, to table this item.
Ayes: All Noes: None Motion Carried
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4. Supervisor Meegan re CodeRed service agreement |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the attached proposal and payment plan from CodeRed effective July 15, 2014 and continuing for a period of five (5) years and one hundred seventy (170) days and authorize the Supervisor to complete and sign the necessary paperwork. |
On the question, Councilman Hart questioned a minor change mentioned by Attorney for the Town Charles Grieco.
Mr. Grieco stated the Town of Orchard Park made one minor amendment to the agreement prior to approval. He suggested the board members might want to make the same modification which will give the town the right to notice prior to any automatic renewal being initiated. The agreement can still be approved and the minor change added later.
Councilman Hanley questioned what will happen if the other town backs out in the future.
Mr. Grieco stated the contract will not give them the right to change anything, so he did not believe there would be any effect on the town.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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5. Councilman Hanley re Creation of full time Recreation Director position |
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Motion by Councilman Hanley, seconded by Councilman Hart, to adopt the following resolution: |
WHEREAS, it has become apparent that the duties of Recreation Director can no longer be performed by a part-time employee; and
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12-C COMMUNICATIONS
5. (continued)
WHEREAS, the Town Board wishes to convert the position of Recreation Director to full-time; and
WHEREAS, the creation of such position requires the approval of the Office of Erie County Personnel;
NOW THEREFORE BE IT RESOLVED the Supervisor is hereby authorized and directed to prepare and sign the required position change form requesting the creation of the position of Recreation Director as a full-time position and file the form with Erie County Personnel.
On the question, Supervisor Meegan questioned the procedure for converting and creating this position with no PO 17.
Councilman Hanley stated there is no inventory or position in Erie County or West Seneca inventory so they have to create the position.
Supervisor Meegan stated they need to do a narrative on the position.
Councilman Hart stated he contacted Erie County Personnel and was informed the town only needs to file a position change form. The position is in the town’s inventory and Erie County will provide the form. This enables the Town Board to move forward with advancing the current position to full-time.
Supervisor Meegan stated a needs assessment study was conducted and all the work on this position was done in May 2013. She questioned the urgency and why they would not wait for pending test results for this position especially since Mr. Kroll is already working full-time hours under his current status of part-time seasonal.
Councilman Hart responded the town will be able to move forward very quickly once test results are released if the position is already approved and in place.
Councilman Hanley responded the request is not for Mr. Kroll to be appointed full-time. The request is to create a full-time position and be prepared to make an appointment when test results are released in September.
Councilman Hart further commented the position is rapidly becoming more demanding with all the programs Mr. Kroll has initiated. He believes Mr. Kroll deserves a chance to be appointed full-time if he scores well on the test.
Supervisor Meegan stated she was not denying that, she was questioning the procedure.
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West Seneca, NY 14224 June 30, 2014
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12-C COMMUNICATIONS
5. (continued)
Councilman Hart noted that Supervisor Meegan had stated earlier it takes a very long time to create a position, so instead of starting the paperwork when the test results come out they are starting it now.
Supervisor Meegan stated if the position is already in the town’s inventory it does not take long. She did not understand the rush and stated the test results should be in within the next six weeks. Supervisor Meegan stated Mr. Kroll is doing a great job and her only question was the procedure for creating this position.
Ayes: All Noes: None Motion Carried
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6. Highway Supt. re Appointment of Sandra Lewis as seasonal laborer in Highway Department |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Sandra Lewis as part-time seasonal laborer in the Highway Department effective June 30 – September 14, 2014 at a rate of $10/HR and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
On the question, Councilman Hart questioned what Sandra Lewis will be doing.
Highway Supt. Matthew English responded that Ms. Lewis will be doing the same duties Bob Schultz was doing. Mr. Schultz was uncomfortable working after the article in the newspaper and heard that Councilman Hart had called another employee and asked him to keep an eye on him.
Councilman Hart denied that he asked any town employee to keep an eye on Mr. Schultz.
Councilman Hanley questioned if Ms. Lewis previously worked for the town and why the pay rate is $10 instead of $8 like the other summer help.
Mr. English responded that Ms. Lewis previously worked in this same position and the rate of pay has been $10 in the past. She does not take a lunch hour and is there all the time.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 June 30, 2014
Page eight . . .
12-C COMMUNICATIONS
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8. Chief Denz re Termination of J. Scanlon & M. Leitzel as part time Public Safety Dispatchers |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Joshua D Scanlon and Matthew C Leitzel as part-time Public Safety Dispatchers effective June 3, 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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9. Chief Denz re Termination of Walter J. Gawron as part time Crossing Guard |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Walter J Gawron as part-time school crossing guard effective July 1, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Mr. Gawron is retiring after 10 years of service to the town. Ayes: All Noes: None Motion Carried |
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10. Recreation Director re Termination of inactive employees |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate the following employees from the town’s active payroll and for clarification of records with Erie County Personnel effective June 30, 2014: |
Daniel Feeney Michael Prentice Lauren P. Altman Ashley Stewart
Kelly Hess Victoria Dzaak Jillian Marino Zachary Fridman
Marco Gangarossa Kevin Hanley
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hanley stated Kevin Hanley is not a relative of his.
Ayes: All Noes: None Motion Carried
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11. Recreation Director re Use of Sunshine Park for softball tournament |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Crusade Against Impaired Driving to use Sunshine Park for their 7th annual CAID softball tournament on Saturday, August 9, 2014 from 9:00 AM – 6:00 PM. Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 June 30, 2014
Page nine . . .
12-C COMMUNICATIONS
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12. Chief Denz re Appointment of Samuel C. Cellino & Andrew P. Wagner as part time Public Safety Dispatchers |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Samuel C Cellino & Andrew P Wagner as part-time Public Safety Dispatchers effective July 1, 2014 at a rate of $10.95/HR and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hanley stated he is abstaining from voting on this motion because one of Samuel Cellino’s parents is an officer at the company he works for.
Ayes: (2) Supervisor Meegan, Councilman Hart Noes: None
Abstentions: (1) Councilman Hanley Motion Carried
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13. Chief Denz re Status change for part-time Public Safety Dispatchers James McCullough & Andrew Oscypala to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Public Safety Dispatchers James McCullough & Andrew Oscypala to part-time seasonal effective July 1 – 31, 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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14. Chief Denz re Attendance at 2014 NYS Association of Chiefs of Police Training Conference |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Chief Daniel M Denz to attend the 2014 NYS Chiefs of Police training in Lake Placid, New York, July 13 – 17, 2014 at a cost not to exceed $1,300 noting that sufficient funds are available in the 2014 police training course line item #1.3120.0459. Ayes: All Noes: None Motion Carried |
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15. Highway Supt. re Appointment of Kevin Smith as Working Crew Chief |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Kevin Smith as Highway Motor Equipment Operator and appoint Kevin Smith as Working Crew Chief, Group 6, Step 5, at a rate of $29.46 per hour effective June 30, 2014 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 #2014-12
West Seneca, NY 14224 June 30, 2014
Page ten . . .
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 - $631,628.26; Highway Fund - $139,952.91; Special Districts - $1,562,253.11; Capital Fund - $465,302.18 (voucher #’s 84301 – 84808); Trust & Agency Fund - $36,227.36 (voucher #84679-84816)
Ayes: All Noes: None Motion Carried
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
CODE RED SERVICE AGREEMENT
Code Enforcement Officer John Gullo thanked the board for approving the Code Red Service Agreement and stated he will work closely with the Police Department to roll out a good program.
UPDATE ON RECREATION PROGRAMS
Recreation Director Craig Kroll stated that Day Camp began today and will run through August 8th. He noted 246 spots have been filled and permit approval was received from Erie County Health Department. Playgrounds that will be open and staffed 10:00 AM - 3:00 PM, Monday – Friday through August 15th include Dorrance, Allendale, Burchfield, Westgate and Harlem Road/Bellwood.
UPDATE ON SEWER PROJECT
Town Engineer Richard Henry stated the first three phases of the sewer relining project are approximately 60 percent complete. A total of 200,000 feet of relining is scheduled with 120,000 feet complete and 850 out of the scheduled 1,000 manholes have been rehabilitated. He will be requesting a bid date at the next meeting for the 48” main west of West Seneca West High School that goes toward Plant 5 and later in the year a bid date for the siphon and 36” main that proceed south. Televising of 76,000 feet of pipe is approximately 90 percent complete on Phase 4 and depending on costs associated with the 48” & 36” mains along with available funding, another contract will be bid in early 2015.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 June 30, 2014
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 7:40 P.M. to discuss five litigation matters with Attorney for the Town Charles Grieco and two personnel matters with Recreation Director Craig Kroll and Highway Supt. Matthew English.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 8:10 P.M.
ISSUES OF THE PUBLIC
FULL-TIME RECREATION DIRECTOR POSITION
Candace Kogut stated she works for West Seneca Youth Theater and commented on Recreation Director Craig Kroll’s hard work and passion for the children and community.
Kathleen Kogut stated she is also associated with West Seneca Youth Theatre and commented on Mr. Kroll’s dedication and constant willingness to help.
Frank Russo was not in favor of creating a full-time recreation director position and commented on other positions in town that have been eliminated. He suggested using part-time people to run the winter programs and appointing part-time seasonal help for the summer.
Jack Hess supported creation of a full-time recreation director, noting that softball, baseball, football and hockey are run by volunteers so a full-time recreation director is needed.
Councilman Hart questioned what type of service is needed from a full-time recreation director.
Mr. Hess responded there is a lot of work at night and on weekends, including phone calls, and a full-time recreation director is needed to run the department. He further commented the town needs to realize the amount of volunteer work that goes on and they need support.
Susan Kims stated she has mixed feelings about the recreation department, but with a $240,000 payroll she felt there should be a full-time person to supervise the department.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 June 30, 2014
Page twelve . . .
ISSUES OF THE PUBLIC
QUASAR BUFFALO BIO-ENERGY PROJECT
David Kims referred to a recent Buffalo News article regarding Quasar and the West Seneca site being low bidder to take sludge from the Town of Tonawanda. He questioned the status of the town’s moratorium that went into effect approximately six weeks ago.
Supervisor Meegan responded that a meeting will be scheduled in the near future and residents will be able to comment and voice their concerns. In the meantime, Quasar is entitled to and continues to be in operation at the Industrial Park.
DEVELOPMENT OF SENECA MALL SITE/FEASIBILTY STUDY
David Kims referred to the feasibility study for the Seneca Mall site and questioned why that information was aired on television.
Supervisor Meegan responded it was not the feasibility study it was the developer’s proposal that was presented on television. The original plan that was studied changed dramatically and they are waiting for some figures to come back. Upon receipt of those figures, the board members and Attorney for the Town Charles Grieco will continue conversations and bond counsel will have to be hired if they decide to go in that direction. A public hearing will also take place.
Karen Lucachik thanked the Buffalo News for the article they published on the feasibility study for the Seneca Mall site and voiced her frustration that the results of the study have still not been made public.
Amy Carpenter questioned if the town is paying additional funds for updates to the feasibility study and Supervisor Meegan responded they are not.
Susan Kims questioned where the $30,000 for the feasibility study for Seneca Place came from and understood it came from the sewer bond which is being paid for by three of the sewer districts.
Town Engineer Richard Henry responded that the feasibility study was not paid through the sewer bond, it was paid from the program maintenance which is all the 18 sewer districts in town that includes everything south of Route 400.
Mrs. Kims further questioned where the $50,000 is coming from for the comprehensive plan study of Seneca Place.
Mr. Henry responded that this study will be funding by the GIS fund, but they have not initiated anything other than the preliminary study.
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West Seneca, NY 14224 June 30, 2014
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ISSUES OF THE PUBLIC
BEHAVIOR AT BOARD MEETINGS
Karen Lucachik commented on behavior, accusations and interrogation of board members that has taken place at past meetings. She thought this behavior is interfering with making the town a better place and asked that it be stopped. Mrs. Lucachik further commented on how political games seem to continue with the family and friends policy.
Amy Carpenter stated she would like to see the character assassinations taking place at the meetings stopped.
Dale Clarke stated they are not accusations they are facts, noting that Councilman Hart admitted he hired his relative and Councilman Hanley admitted to the issue with the Super Bowl trip.
Councilman Hanley responded that he did not accept Super Bowl tickets and had nothing to do with that issue. He appointed an individual to a position.
ELECTRICAL INSPECTOR POSITIONS
Frank Boncore stated he is interested in performing electrical inspections in town and has spoken to Supervisor Meegan, Councilman Hanley and Code Enforcement Officer John Gullo regarding this issue. He currently works for Commonwealth, has over 50 years experience in the business and has resided in town for over 30 years. He further stated the current electrical inspectors are not town residents and asked the board members to consider hiring him and his colleague who are both residents.
Councilman Hart questioned how an electrical inspector makes money.
Mr. Boncore responded he makes money directly from the homeowner/contractor when he wires a house, changes a service, certifies a pool installation or building, etc.
Supervisor Meegan stated this issue will be discussed at a future work session.
DEPAUL FACILITY AT SENECA CITY LINE
A South Buffalo resident questioned the status of the DePaul project and voiced his concern, noting that because of the location it will have a direct impact on residents in South Buffalo.
Town Clerk Jacqueline Felser responded a public hearing will take place at the next Town Board meeting on July 14th to consider approval of the zoning change.
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ISSUES OF THE PUBLIC
POTHOLES
Amy Carpenter reported there are bad potholes on Mill Road Bridge and at the end of Woodward at Union Road.
David Monolopolus reported two large potholes on Lexington Green.
HUMAN RESOURCE POSITIION
Amy Carpenter questioned the status of the Human Resource position.
Supervisor Meegan responded that Attorney for the Town Charles Grieco is working on the request for quotes and they will be moving forward.
UNION CONTRACTS
Amy Carpenter questioned if union contract discussions have begun and Supervisor Meegan responded that discussions will take place next year when the contracts are up.
RECREATION & ARCHITECTURAL COMMISSION
Amy Carpenter questioned the status of the Recreation & Architectural Commission and if individuals were appointed.
Recreation Director Craig Kroll stated they are discussing consolidation of the Youth and Recreation Boards.
Councilman Hart stated appointments were never made to the Architectural Commission. Revisions to the Comprehensive Plan have been discussed and the Architectural Commission will be merged with that process.
CODE RED SYSTEM
Amy Carpenter questioned the cost of the Code Red System and how it works.
Supervisor Meegan responded the Code Red system will cost $11,000 for the remainder of this year and provide many opportunities for the town. Residents will sign up for the service and emergency information will be forwarded to home/cell phones and emails.
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ISSUES OF THE PUBLIC
CODE RED SYSTEM (continued)
Chief Denz stated the Code Red system is basically a reverse 911 system used by most surrounding municipalities for a variety of different things. It can be used for local emergencies, town events and for national use when residents are out-of-state. The service is a very extensive well built system that has been researched over the past 10 years. Representatives from both West Seneca and Orchard Park have met and concluded this system is by far the best offered and most reasonable.
Councilman Hart responded the cost over a five year period is $125,000 and the approximate annual cost will be $23,014.
LUNCH BREAKS
Amy Carpenter referred to a previous statement by Highway Supt. Matthew English that some employees do not take lunch breaks and questioned if that is against the law.
Highway Supt. Matthew English responded the individual comes to work a little later, covers lunch hours for the two full-time employees and goes home without taking a lunch.
LEXINGTON GREEN FLOODING / BUFFALO CREEK
David Monolopolus stated he attended the meeting at Winchester Community Church and questioned if the town acquired any of the necessary permits to allow dredging of Buffalo Creek. He further questioned if any work is going to be done in other areas of town that flooded.
Highway Supt. Matthew English responded he has been working with Town Engineer David Johnson and Mitch Martin from Senator Gallivan’s office. The town applied for permits to push shoals, not to dredge the creek. All necessary paperwork has been submitted and they are just waiting for a response. Mr. English stated permits have been applied for in other potential and problematic flooding areas of town.
SENIOR CENTER / STATUS OF RESTROOM
Beverly Leising questioned if any new card tables have been purchased for the senior citizens center to replace the current tables that are heavy.
Senior Recreation Therapist of Senior Services Mary Josefiak stated the current tables were purchased prior to her employment with the town. Currently there is no money in the budget for new tables, but she is looking to find available funds for the purchase.
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ISSUES OF THE PUBLIC
SENIOR CENTER / STATUS OF RESTROOM (continued)
Mrs. Leising questioned the status of the new bathrooms at the senior center and if there is a start and completion date.
Town Engineer Richard Henry responded the design is complete and they should be out to bid in August with construction to start in late September.
EXTRA TOTES
Beverly Leising understood 30 totes were dropped off and picked up at Winchester Fire Hall by town employees and questioned if this service is available to all residents having a party.
Highway Supt. Matthew English responded he would accommodate residents with extra totes for a short period of time if requested.
HARWOOD ROAD STREETLIGHTING
Beverly Leising questioned the status of the streetlight repair on Harwood Road.
Highway Supt. Matthew English stated they still need to get permission from the property owner to go on private property, noting the town only employs two electricians and there is a lot of work.
ETHICS COMMITTEE
Frank Russo commented that the newly established Ethics Committee is powerless and should be abolished. He further commented that former town employees and people involved in politics should not serve on the committee.
OVERTIME IN SEWER DEPARTMENT
Frank Russo questioned who is in charge of sewer department employees and who approves their overtime.
Supervisor Meegan responded that some of the sewer department employees are under engineering and some are under highway, depending on the job. She recognized the overtime issue and noted that all the pumping stations have been updated which has reduced the salaries.
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ISSUES OF THE PUBLIC
COMPTROLLER POSITION
Frank Russo suggested hiring a Certified Public Accountant as part-time comptroller.
Supervisor Meegan responded that most other towns have a finance director and the town has just recently appointed Drescher & Malecki, so things are moving in a positive way. She further commented it is difficult to put someone in a part-time comptroller position because when the board changes they could lose their job.
PORTER SERVICE FOR GARBAGE TOTES
Johanna Guenther requested an update on her request for porter service for garbage totes for seniors and the disabled.
Highway Supt. Matthew English stated he has been looking into the porter service and his secretary is in the process of writing up the rules and regulations. He will look them over and forward them to Attorney for the Town Charles Grieco for review. Mr. English anticipated he would have this to Mr. Grieco in approximately one month.
DISPOSAL OF PUBLIC PROPERTY
Johanna Guenther questioned the legal procedure for disposal of public property.
Attorney for the Town Charles Grieco stated that items are declared as surplus and the board members authorize the sale.
HIRING IN HIGHWAY DEPARTMENT
Susan Kims referred to the question regarding the authority of Highway Supt. Matthew English to hire within his department and questioned if a determination was made.
Attorney for the Town Charles Grieco responded that he provided the board members with his legal opinion and they would have to share that information if they chose to do so.
Supervisor Meegan stated the board members had no response at this moment.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-12
West Seneca, NY 14224 June 30, 2014
Page eighteen . . .
ISSUES OF THE PUBLIC
POLICY FOR POSTING TOWN JOBS
Susan Kims questioned the town’s policy for posting jobs.
Supervisor Meegan responded there is no policy in place, but there is an understanding that when departments are in need of staff they go to the list through Erie County. She further noted there are several applications and resumes on file in her office and some part-time jobs like clerk typist are continually posted on the website.
Councilman Hart commented that they should devise a policy and guidelines for department heads to follow.
Councilman Hanley commented that he would like to see all jobs posted.
Mrs. Kims questioned if the new engineer assistant position was posted.
Supervisor Meegan responded that this is a civil service position and they had asked Erie County for a list. The appointment is provisional and subject to a civil service exam.
TOWN ATTORNEY WORK
Susan Kims questioned if former Town Attorney Shawn Martin is still doing work for the town and in what capacity.
Attorney for the Town Charles Grieco stated he still needs to consult with Mr. Martin on some matters that pre-date the appointment of his firm. This is on an as needed basis and he has always been very helpful. Mr. Grieco stated he hasn’t seen the bills, but noted it is less expensive to have Mr. Martin update him than to research an issue himself.
COMPTROLLER’S OFFICE ISSUES
Susan Kims referred to accusations made by Dale Clarke concerning a bounced check and tape recording in the Comptroller’s office.
Supervisor Meegan responded she was not aware of a bounced check and the employees filed a grievance concerning the tape recording so everyone in town government knew about it. The situation with the recording has been handled by the union and the attorneys and Mrs. Nihill has since filed her resignation with the town.
Councilman Hart stated Mrs. Nihill did not resign because of the accusations of tape recordings. He did not believe she was involved in the recording; it was another employee that did the recording.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2014-12
West Seneca, NY 14224 June 30, 2014
Page nineteen . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ETHICS CODE VIOLATION
Councilman Hart acknowledged he had made an error when voting on the appointment of his cousin as a full-time cleaner. He stated he had not read the Code of Ethics close enough and expressed regret. When the issue was discussed in Executive Session he stated he would have to abstain; however, as a favor to another board member he agreed to second the motion and vote. Councilman Hart apologized to the public, stating he will appear before the Ethics Board at 6 P.M. on July 14th and that he normally tries to avoid the politics.
COMMUNITY DAYS
Supervisor Meegan thanked the Civic & Patriotic Committee for the Community Days celebration and Recreation Director Craig Kroll for his assistance with Carolina Crown.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:05 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK