Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 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 Town Engineer Steven Tanner.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
Absent - William P. Hanley, Jr. Councilman
(due to death in family)
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 Erminio Liberatore.
24-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2015-23 of November 23, 2015.
Ayes: All Noes: None Motion Carried
24-B TABLED ITEMS
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1. Town Engineer re Change order for asbestos abatement at Kiwanis Center
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve change order #1 for Caysea Contracting Corporation in the amount of $13,727.96 for the asbestos abatement project at the Kiwanis Center due to additional quantities of vapor barrier discovered above grade.
Ayes: All Noes: None Motion Carried
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24-C COMMUNICATIONS
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1. Town Justice re Retirement of Dale McCabe
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Honorable Dale McCabe and terminate him as Town Justice effective December 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 2015
Page two . . .
24-C COMMUNICATIONS
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2. Supervisor Meegan re Resolution in support of The Safe Staffing for Quality Care Act
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the attached resolution in support of The Safe Staffing for Quality Care Act.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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3. Councilman Hart re Appointment of George Clifford to Planning Board
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint George Clifford to the Planning Board filling the remaining term of a retired board member effective December 15, 2015 through December 31, 2020 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
Mr. Clifford was sworn in by retired Town Justice Richard B. Scott.
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4. Town Attorney re Dedication of Clearview Drive and Vista Court
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the dedication of Clearview Drive and Vista Court and authorize the Supervisor to execute the necessary documents to complete the transfer.
Ayes: All Noes: None Motion Carried
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5. Town Attorney re Memorandum of Agreement with White Collar Unit
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the attached Memorandum of Agreement whereby the White Collar Unit has agreed to a procedure of progressive discipline of employees covered under the White Collar contract.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 2015
Page three . . .
24-C COMMUNICATIONS
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6. Town Attorney re Purchase of the western portion of “The Oxbow”
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the attached Purchase and Sale Agreement whereby the town contracts to purchase 13.24 acres of vacant land that comprises the westerly portion of what is commonly known as “The Oxbow” for $29,000 and authorize the Supervisor to take all necessary actions to perform the agreement, noting the entire purchase will be funded by the proceeds of a Cooperative Agreement between the town and the United States Fish and Wildlife Service.
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On the question, Councilman Hart questioned the source of this funding. Town Attorney John Fenz responded a local public authority worked with US Fish and Wildlife Association to remediate a spill. A superfund was created and the town has received the money.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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7. Town Attorney re Agreement with West Seneca Chamber of Commerce
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the necessary documents to enter into the attached Professional Services Agreement with the West Seneca Chamber of Commerce, noting the town shall pay the Chamber of Commerce $15,000 in exchange for one (1) year of services.
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On the question, Supervisor Meegan recited some of the duties of the Chamber of Commerce which includes: attending scheduled manager meetings with the Erie County Industrial Agency (“ECIDA”), actively soliciting businesses to locate within the town’s boundaries, assisting West Seneca businesses interested in relocation or expansion within the town; acting as a liaison between the ECIDA and West Seneca businesses and reporting quarterly to town representatives.
Code Enforcement Officer John Gullo stated he has worked with Gerald Hathaway of the Chamber of Commerce on locating several businesses in the town in the proper zoning.
Councilman Hart commented that hiring a consultant to do this work would cost a lot more money.
Ayes: All Noes: None Motion Carried
*APPENDICES*
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 2015
Page four . . .
24-C COMMUNICATIONS
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8. Town Attorney re Agreement with NYSEG
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the necessary documents to enter into the attached agreement to purchase NYSEG’s street lighting facilities in the Town of West Seneca and the ancillary Pole Attachment Agreement, noting that pursuant to the agreement NYSEG will receive $804,866 in exchange for transferring title of the facilities to the town and pursuant to the provisions of the Energy Performance Contract dated November 15, 2014 the purchase price will be paid on behalf of the town by John W. Danforth Company.
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On the question, Town Engineer Steven Tanner stated this involves 95 percent of the lights and light poles in the town which will be switched to LED lighting. The town currently pays a monthly rental fee for the poles, a cost of approximately $325,000 per year for maintenance. With the town owning lights, the cost of maintenance will be about $35,000 annually. There will also be a savings in energy using LED lighting which is lower wattage but the same light output. Additional savings can be used toward financing of the library to do energy performance work. The estimated savings is $3 million over the next 15 years.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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9. Highway Sup’t. re Purchase of lawn mower for Buildings & Grounds Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the purchase of one Ferris mower for the Buildings & Grounds Department from Schaub Equipment Rental at their low quote of $9,900.
Ayes: All Noes: None Motion Carried
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10. Highway Sup’t. re Appointment of part-time laborers in Buildings & Grounds Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint James Deppeler and Ryan McCoy as part-time laborers in the Buildings and Grounds Department effective December 15, 2015 at a rate of $9 per hour contingent upon the passing of drug and alcohol testing 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 #2015-24
West Seneca, NY 14224 December 14, 2015
Page five . . .
24-C COMMUNICATIONS
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11. Chief Denz re Status change for part-time Public Safety Dispatchers to part-time seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Public Safety Dispatchers Andrew Wagner, Maria Ferrucci, Andrew Oscypala and Richard Miller to part-time seasonal effective December 1 - December 31, 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. Town Clerk re Status change for part-time clerks to part-time seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerks Margaret Pomana and Ellen Zawodzinski to part-time seasonal effective January 4 – February 26, 2016 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. Finance Office re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the following budget transfers:
From:
1.7140.0100 - Salary of Recreation Director $22,500
1.7140.0414 - General Mandated Training 541
1.7140.0416 - Gasoline 490
1.7140.0448 - Print, Lit, Advertising 2,000
1.7140.0230 - Equipment 5,000
1.7140.0476 - Summer Day Camp 3,500
1.7180.0100 - Salary of Recreation Supervisor 5,000
To:
1.7140.0149 - Recreation Employee P/T 33,743
1.7180.0149 - Lifeguards 5,000
1.7140.0102 - Salary of YES Coordinator 288
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 2015
Page six . . .
24-C COMMUNICATIONS
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14. Finance Office re Budget Amendment request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve an amendment to the 2015 General Fund budget increasing revenue acct. #1.0001.2705 Donations by $17,500 and increasing expense acct. #1.7140.0149 Salary of part-time employees (payroll costs for Youth Theatre) by $17,500.
Ayes: All Noes: None Motion Carried
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15. Finance Office re General Fund expenditure for Courtroom Handicap Accessibility Project
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution for transfer of $125,000 from the General Fund Reserve to capital project #5.1110.0200.0534 for appropriations on the Courtroom Handicap Accessibility Project, subject to permissive referendum.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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16. Youth Service Coordinator re 2016 Summer Day Camp schedule
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the attached schedule for Summer Day Camp 2016 which includes dates, activities and fees, noting the capacity of participants each week will be limited to 90 campers.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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17. Highway Supt. re Change order for Concrete Storm Damage Repair
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a change order in the amount of $13,860 for Sibley Construction for Sections C and D of the Concrete Storm Damage Repair Contract due to addition of the following locations: 8 Peters Circle - $3,080; 37 Deer Chase Road - $2,024; 108 Hemlock Drive - $2,112; 686 Cindy Lane - $3,564; 692 Cindy Lane - $3,080; noting this brings the final cost to $78,560.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 2015
Page seven . . .
24-D REPORTS
§ Jacqueline A Felser, Town Clerk’s report for November 2015 received and filed.
- John A Gullo, Code Enforcement Officer’s report and plumbing inspector’s report for November 2015 received and filed.
24-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 - $225,654.18; Highway Fund - $35,620.39; Special Districts - $45,938.97; Capital Fund - $305,918.45 (voucher #’s 91262 - 91977); Trust & Agency Fund - $113,934.96 (voucher #’s 91782 - 92063)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
LICENSING CATS
Beverly Leising referred to the recent SPCA situation with a cat hoarder and questioned if it is the same person as a previous issue.
Code Enforcement Officer John Gullo advised that it is the same person, but his office was not contacted on this issue.
Beverly Leising commented that animals are suffering because of the town’s inability to do something and suggested the town take a stand and limit the number of cats per household along with licensing cats.
Supervisor Meegan responded the town cannot inspect people’s homes for cats.
Town Attorney John Fenz added that cats are not defined in NYS Agriculture & Markets Laws and there is little the town can do with regard to the licensing of cats.
PLAYGROUND SIGNS/POLICE EXPANSION PLAQUE
Beverly Leising questioned if incorrect signs at the playgrounds have been rectified. Supervisor Meegan responded she is in the process of having the signs changed and will also be ordering the plaque for those that contributed funds for the police expansion.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 2015
Page eight . . .
ISSUES OF THE PUBLIC
NYS PROPOSED RETIREMENT BILL
Beverly Leising referred to Assemblyman Kearns’ proposal that corrupt officials not receive their retirement and asked that this be adopted locally. She suggested the Town Board back Assemblyman Kearns’ idea by placing an ad in the Pennysaver or putting it on the town’s website.
ABANDONDED STATE PROPERTIES
Beverly Leising complimented Assemblyman Kearns who is working diligently to put NYS owned and abandoned homes back on the tax roll. Code Enforcement Officer John Gullo commented the list of properties is down from 90 to 57 homes.
CHANGING TELEPHONE POLES
Amy Carpenter suggested changing the telephone poles to better looking light stanchions and Supervisor Meegan responded that is part of the proposed streetscape plan.
HEALTH INSURANCE CONSORTIUM
Amy Carpenter referred to a state grant to help fund insurance groups for municipalities in Niagara County. Supervisor Meegan responded the town has been in a consortium for health insurance for the last seven years with the County of Erie, Erie County Water Authority, ECC North and South, Erie County Medical Center, NFTA, OTB, Town of Orchard Park and Town of Tonawanda.
SENECA MALL SITE STUDY
Amy Carpenter questioned the status of the feasibility study for the Seneca Mall site. Town Attorney John Fenz responded the information will be available on the town’s website later this week. A public hearing will then be scheduled at one of the high schools for the consultant to deliver the findings of the study. The public hearing will be advertised in the Buffalo News and West Seneca Bee and via Code Red.
COURTROOM ACCESSIBILITY PROJECT COSTS
Frank Russo questioned the courtroom accessibility project cost. Supervisor Meegan responded the courtroom had to be made ADA compliant and asbestos remediation was also included in the cost.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-24
West Seneca, NY 14224 December 14, 2015
Page nine . . .
ISSUES OF THE PUBLIC
UNION NEGOTIATIONS
Frank Russo questioned the status of negotiations with the three bargaining units. He referred to Amherst elected officials ending the practice of lifetime health benefits and also suggested five year contracts, no raises and language flexibility with use of part-time employees instead of full-time employees. Councilman Hart responded they are in the planning stages and are exchanging proposals.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
BREAKFAST WITH SANTA
Youth Service Coordinator Lauren Masset thanked everyone for attending Breakfast with Santa which was held Sunday, December 13th. YES volunteers worked hard to host the sold out event and Ms. Masset offered special thanks to Highway Supt. Matthew English for donating coloring books, Senior Recreation Therapist of Senior Services Mary Josefiak for her help and Supervisor Meegan, Councilman Hart, Councilman Hanley and Town Clerk Jackie Felser for their continued support.
RETIREMENT OF TOWN JUSTICE DALE MCCABE
Department heads and board members wished Town Justice Dale McCabe well in his retirement.
LIBRARY EXPANSION
Supervisor Meegan thanked Councilman Hart for meeting with Congressman Higgins to get additional funding for the library expansion and Councilman Hart commented this is the start of the town center which he believes will be a very affordable project.
SWEARING IN CEREMONY
Supervisor Meegan announced the swearing in ceremony will be held January 2, 2016 at 2 P.M. in the courtroom at Town Hall.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:00 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK