Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Lt. John Urbanski.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
William P. Hanley, Jr. Councilman
Absent - None
Supervisor Meegan read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
The meeting was dedicated to the memory of Angela Castro, Thomas Shea, Patricia McQuillen, Patricia Garlick and Albert Sager.
17-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the August 10, 2015 work session.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2015-16 of August 10, 2015.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the August 17, 2015 special meeting.
Ayes: All Noes: None Motion Carried
17-B LEGAL ITEMS
1. 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 REZONING FOR PROPERTY LOCATED AT 2990 TRANSIT ROAD, BEING PART OF LOT NO. 349, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR AN ELECTRICAL CONTRACTING BUSINESS” in the Town of West Seneca, be received and filed. (Paul M. Dugas)
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
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page two . . .
17-B LEGAL ITEMS
1. (continued)
The petitioner was not present and there were no comments from the public.
Motion by Supervisor Meegan, seconded by Councilman Hart, to table the public hearing.
Ayes: All Noes: None Motion Carried
17-C TABLED ITEMS
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1. Senior Code Enforcement Officer re LED temporary signs
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Received and filed.
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17-D COMMUNICATIONS
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1. Supervisor Meegan re 2015 Library Construction Grant Application
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing an application for the 2015 Public Library Construction Grant.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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2. Supervisor Meegan re Environmental Facilities Grant Program
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing an application to the New York State Environmental Facilities Corporation for a Water Infrastructure Improvement Act Grant for Clean Water.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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3. Town Attorney re Upstate Tower Land Lease Agreement
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into a Land Lease Agreement with Upstate Tower Co., LLC, whereby the town will lease approximately 250 square feet at the property to construct and operate a communications facility with terms as follows:
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page three . . .
17-C COMMUNICATIONS
3. (continued)
1) Initial term of five (5) years with ten (10) automatic renewals for five (5) years each;
2) Annual rent of $3600 to increase by 12 percent for each successive term;
3 Upstate shall pay the town $300 per month for each additional carrier located on the tower beyond the first;
4) Upstate shall follow all applicable local, state and federal laws when building or modifying its facility; and
5) Upstate shall have a right of first refusal should the town decide to sell the property.
On the question, Town Attorney John Fenz noted the site is the former transfer station on Mineral Springs Road. The agreement is for twice what Upstate Tower wanted to pay and there are guaranteed numbers. Formal approval is required from the FCC along with site plan approval from the Planning Board.
Ayes: All Noes: None Motion Carried
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4. Highway Supt. re Title change for Gregory Zimmerman to Highway General Crew Chief
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Gregory Zimmerman as Highway Crew Chief and appoint him as Highway General Crew Chief, Group 7, Step 5, at a rate of $31.24 per hour effective August 25, 2015 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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5. Highway Supt. re Title change for Timothy Healy to Highway Heavy Motor Equipment Operator
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Timothy Healy as Highway Laborer and appoint him as Highway Heavy Motor Equipment Operator, Group 5, Step 5, at a rate of $28.95 per hour effective August 25, 2015 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 August 24, 2015
Page four . . .
17-D COMMUNICATIONS
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6. Highway Supt. re Title change for Kevin Zimmerman to Highway Motor Equipment Operator
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Kevin Zimmerman as Highway Laborer and appoint him as Highway Motor Equipment Operator, Group 2, Step 5, at a rate of $28.17 per hour effective August 25, 2015 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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7. Highway Supt. re Title change for James Alba to Highway Motor Equipment Operator
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate James Alba as Highway Laborer and appoint him as Highway Motor Equipment Operator, Group 2, Step 5, at a rate of $28.17 per hour effective August 25, 2015 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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8. Highway Supt. re Title change for Jonathan Kent to Highway Laborer
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Jonathan Kent as Sanitation Motor Equipment Operator and appoint him as Highway Laborer, Group 1, Step 1, at a rate of $27.52 per hour effective August 25, 2015 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. Highway Supt. re Title change for William O’Neil to Highway Laborer
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate William O’Neil as Sanitation Motor Equipment Operator and appoint him as Highway Laborer, Group 1, Step 1, at a rate of $27.52 per hour effective August 25, 2015 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
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West Seneca, NY 14224 August 24, 2015
Page five . . .
17-D COMMUNICATIONS
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10. Highway Supt. re Title change for John Cellino to Highway Laborer
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate John Cellino as Sanitation Laborer and appoint him as Highway Laborer, Group 1, Step 1, at a rate of $27.52 per hour effective August 25, 2015 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. Highway Supt. re Termination of Michael Sherk as part-time laborer in Bldgs & Grounds Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Michael Sherk as part-time laborer in the Buildings & Grounds Department effective August 11, 2015 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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12. Highway Supt. re Status change for seasonal part-time laborers in Bldgs & Grounds Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time seasonal laborers Rick Mingle and Harold Schwartz to part-time effective September 15, 2015 – April 15, 2016 at a rate of $12 per hour; and further, change the status of the following part-time seasonal laborers to part-time effective September 15, 2015 – April 15, 2016 at a rate of $9 per hour: Thomas Bebak, Devin Chavanne, Troy Eberle, Daniel Lewis, Kerry Painter, Michael Pauly, Ryan Schrader, Tyler Sullivan, Michael Zuchowski, 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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13. Highway Supt. re Extension of summer help in Bldgs & Grounds Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to extend part-time seasonal laborers Jeremy Krawczyk and Chase Weber effective August 31, 2015 – September 14, 2015 at a rate of $9 per hour 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 #2015-17
West Seneca, NY 14224 August 24, 2015
Page six . . .
17-D COMMUNICATIONS
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14. Highway Supt. re Appointment of part-time laborers in Bldgs & Grounds Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Brandon Bork, Alan Kerner and Jacob Hiam as part-time laborers in the Bldgs & Grounds Department effective August 25, 2015 – April 15, 2016 at a rate of $9 per hour 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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15. Disaster Coordinator re Multi-Jurisdictional Hazard Mitigation Plan
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached resolution adopting the Multi-Jurisdictional Hazard Mitigation Plan Update as this jurisdiction’s Natural Hazard Mitigation Plan.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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16. Senior Recreation Therapist of Senior Services re Status change for Lee Ann Piniewski
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time food service worker Lee Ann Piniewski to part-time seasonal effective September 1 – 30, 2015 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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17. Town Justices re Status change for part-time law clerk Katie Hourihan to part-time seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time law clerk Katie Hourihan to part-time seasonal effective August 25, 2015 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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18. Disaster Coordinator re Disposal of CERT team trailer
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize disposal of the CERT trailer (VIN #2L94A31034W), noting the approximate value is $1200 and funds from this sale will be placed back in the CERT Trust Fund.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page seven . . .
17-D COMMUNICATIONS
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19. Town Engineer re Bid date for asbestos abatement at Kiwanis Youth Center
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of September 22, 2015 at 2 P.M. for receipt of bids on the asbestos abatement work at the Kiwanis Youth Center located at 50 Legion Parkway, West Seneca.
Ayes: All Noes: None Motion Carried
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17-E 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 - $254,922.47; Highway Fund - $68,292.09; Special Districts - $29,724.38; Capital Fund - $39,106.06 (voucher #’s 90101 - 90570); Trust & Agency Fund - $37,023.92 (voucher #’s 90546 - 90589)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
SENIOR CENTER RESTROOMS
Bronislaus Michalczak, President of the senior citizens board, thanked the Town Board and all those involved in the restroom renovations at the senior citizens center.
HEATHER HILL DRIVE STREET LIGHTS
Frank Boncore questioned if Supervisor Meegan had researched a previous question he had on the cost of street lights on Heather Hill Drive, noting he thought the residents should only have been paying for the lights for five years.
Supervisor Meegan responded she had talked to Erik Finbar in the Assessor’s office and it looks like the cost will fall off in 2017. She will contact former Councilman Vincent Graber for clarification on this.
Councilman Hart noted the bond anticipation note may have been for five years, but by law it would have to be bonded over the life of the improvement.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page eight . . .
ISSUES OF THE PUBLIC
POLICE DEPARTMENT PLAQUE
Frank Boncore questioned the status of the plaque recognizing the donors to the Police Department. Chief Denz was absent from the meeting; however, Supervisor Meegan understood he was working with a local company and planning to invite all the donors to attend a small ceremony when the plaque is displayed. She will have Chief Denz contact Mr. Boncore with an update.
PROPOSED LIBRARY EXPANSION
Amy Carpenter requested an explanation on how the library expansion will be financed and questioned if Veterans Memorial Park will be moved.
Supervisor Meegan responded that some of the cost will be bonded and there will be additional aid and resources along with in-kind labor. A meeting is scheduled for tomorrow at the senior citizens center at 6 P.M. to discuss the library plans and they are looking forward to input from the public. Supervisor Meegan stated they have been talking with the veterans and other organizations to ensure their needs are acknowledged and respected.
UNION CONTRACTS
Amy Carpenter requested an update on union contract negotiations and questioned if the human resource firm has been helpful.
Supervisor Meegan responded they are currently working with police on the health care issue and the human resource firm has been helpful. The white collar unit also put forth a proposal and they are negotiating an issue concerning time clocks.
Councilman Hanley noted they also met concerning creation of a sewer department to remove those employees from the highway department and reduce the overtime.
SENECA MALL SITE REPORT UPDATE
Amy Carpenter questioned the status of the report on the Seneca Mall site.
Supervisor Meegan responded the report should be ready by mid October and it will be shared at a public meeting.
Councilman Hart noted it is an in depth study and the developer is cooperating.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page nine . . .
ISSUES OF THE PUBLIC
UPDATE ON BEECHWOOD DRIVE PROJECT
Beverly Leising questioned the status of the Beechwood Drive project.
Town Engineer David Johnson stated that work has begun, but they are behind schedule.
Town Attorney John Fenz noted liquidated damages are included in the contract and there will be a $1000 per day charge back.
SEWER DISTRICT 5 IMPROVEMENTS
Beverly Leising referred to Item #2 on the agenda and questioned if sewer district 5 is a residential area. She further questioned if the cost of improvements will be spread over the entire town or just the residents of that sewer district.
Councilman Hart responded a good portion of sewer district 5 is located in a residential area. The cost of improvements will only be paid by residents of that district, but they are applying for a grant to lower the cost of the sewer project.
STOLEN TOWN VEHICLE
Beverly Leising referred to a recent incident with a town employee stealing a town vehicle and questioned if the town is responsible for liability on a stolen vehicle. Town Attorney John Fenz responded that it was an unauthorized use of the vehicle that occurred outside of work hours so the town would not be liable. He further noted the town has pressed charges in the incident.
17-B LEGAL NOTICES
Motion by Supervisor Meegan, seconded by Councilman Hart, to remove the public hearing from the table.
Ayes: All Noes: None Motion Carried
Paul Dugas of Dugas Electric addressed the Town Board concerning his request to rezone property at 2990 Transit Road from C-1 to C-2. Mr. Dugas would like to move his residence to this location along with his electrical contracting business. There will be three vehicles parked in the yard and he may eventually put up a building to house those vehicles.
Motion by Supervisor Meegan, seconded by Councilman Hart, to close the public hearing.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page ten . . .
17-B LEGAL NOTICES
1. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution:
WHEREAS, the Town Board of the Town of West Seneca, as the lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, has reviewed Part I of the Short Environmental Assessment Form ("EAF") prepared by the applicant in connection with the proposed rezoning for property located at 2990 Transit Road ("Subject Property") to a depth of 300’ changing its classification from C-1 to C-2 for an electrical contracting business, has reviewed the draft completed Part II of the EAF analyzing the potential for the Project to result in any significant adverse environmental impacts and has otherwise taken a hard look at the potential environmental impacts utilizing the criteria specified in 6 NYCRR 617.7(c); and
WHEREAS, upon such review the Town Board has not identified any potentially significant adverse environmental impacts associated with the proposed use of the Subject Property, has determined that no Environmental Impact Statement is necessary and that a Negative Declaration is therefore appropriate; and
WHEREAS, the Planning Board reviewed the Project on July 9, 2015 and adopted a resolution recommending granting of the rezoning and approval of the Project as proposed; and
WHEREAS, pursuant to the Town Code, the Town Board further finds that granting a rezoning of the Subject Property to allow for the Project is appropriate for the location and will not adversely affect surrounding properties;
NOW THEREFORE, BE IT RESOLVED THAT pursuant to 6 NYCRR 617.7(a), the Town Board does hereby adopt a Negative Declaration with respect to the Project; and
BE IT FURTHER RESOLVED THAT the Town Board hereby adopts Local Law No. 9 for the year 2015 granting a Rezoning for the Subject Property from C-1 to C-2 to a depth of 300’.
Ayes: All Noes: None Motion Carried
*APPENDICES*
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
RECREATION PROGRAM UPDATES
Youth Service Coordinator Lauren Masset stated the closing date for the pool is Friday, August 28th and there will be no admission fee for any resident with a valid town ID card. Also, Movie Night is Friday, August 28th and Dolphin Tale II will be shown at 8:15 P.M. Registration for over 30 hockey is taking place until September 29th, adult co-ed kickball starts this week and further fall/winter programs will be announced at a later date.
INCLUSION OF AGRICULTURAL LANDS INTO AGRICULTURAL DISTRICTS
Supervisor Meegan read the following public notice into the record: “Per New York State Agriculture and Markets Law Section 303-b, the Erie County Legislature designated September 1 through September 30 as the annual thirty-day period during which landowners may submit requests to include predominantly viable agricultural land into an existing certified agricultural district. Copies of the application form have been provided to Municipal Clerks, Assessors and Chief Elected Officials for distribution to interested landowners. The application is also available on the DEP website at www.erie.gov/environment. The Erie County Department of Environment and Planning will accept applications from September 1 through September 30. Any questions on this process should be directed to the Erie County Department of Environment and Planning. A public hearing will also be scheduled at a later date to consider all inclusion requests and the recommendations of the Erie County Agricultural and Farmland Protection Board.
BURCHFIELD COMFORT STATION UPDATE
Supervisor Meegan requested an update on the electricity at the Burchfield comfort station and Town Engineer David Johnson stated he will check on it.
PUBLIC MEETING FOR REVIEW OF COMPREHENSIVE PLAN AND LIBRARY PROJECT
Councilman Hart reminded everyone of the meeting at the senior citizens center on Tuesday, August 25th at 6 P.M. for review of the Comprehensive Plan and the library expansion project.
FAIRFAX DRIVE RESTORATION
Supervisor Meegan received a petition from residents of Fairfax Drive that are unhappy with the restoration work on their street that was performed by Catco and National Fuel Gas.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-17
West Seneca, NY 14224 August 24, 2015
Page twelve . . .
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 7:45 P.M. to discuss three personnel issues and one legal matter.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 10:10 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 10:10 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK