Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
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 Mitch Martin.
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 Thomas Zawodzinski.
2-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the January 11, 2016 work session.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2016-01 of January 11, 2016.
Ayes: All Noes: None Motion Carried
2-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 AN INCREASE AND IMPROVEMENT OF STREET LIGHTING FACILITIES OF ELECTRIC LIGHTING DISTRICTS 1 – 35, 38 – 42 AND 55 AND ELSEWHERE IN THE TOWN IN PREPARATION FOR THE PURCHASE OF THE FACILITIES FROM NEW YORK STATE ELECTRIC & GAS CORPORATION (NYSEG) AND CONVERSION OF THE FACILITIES TO LED LIGHTING FOR THE BENEFIT OF STREET LIGHTING SYSTEM USERS IN THE DISTRICTS” 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
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page two . . .
2-B LEGAL ITEMS
1. (continued)
Town Attorney John Fenz stated the town is actively purchasing street lights from NYSEG at a cost of $5 million. A public hearing is required because some of the street lights are located in special districts and $650,000 from those special districts will be used toward purchase of the lights.
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 adopt the attached resolution approving an increase and improvement of facilities of electric lighting districts 1-35, 38-42 and 55, pursuant to Section 202-b of Town Law.
Ayes: All Noes: None Motion Carried
*APPENDICES*
Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached resolution authorizing execution and delivery of an equipment lease/purchase agreement with respect to the acquisition, purchase, financing and leasing of certain equipment for the public benefit and in accordance with the energy performance contract between the town and John W Danforth Company dated November 15, 2014; authorizing the execution and delivery of documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2. Motion by Supervisor Meegan, seconded by Councilman Hanley, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL INTERESTED PERSONS CONCERNING ADOPTION OF THE FOLLOWING LOCAL LAWS OF 2016: LOCAL LAW NO. 1 – MODIFICATION TO CHAPTER 57 OF THE TOWN CODE (BRUSH, GRASS, WEEDS AND DEBRIS); LOCAL LAW NO. 2 – MODIFICATION TO CHAPTER 75 OF THE TOWN CODE (FIRE PREVENTION); LOCAL LAW NO. 3 – MODIFICATION TO CHAPTER 90 OF THE TOWN CODE (PLUMBING); LOCAL LAW NO. 4 – MODIFICATION TO CHAPTER 66 OF THE TOWN CODE (ELECTRICAL LICENSING); LOCAL LAW NO. 5 – MODIFICATION TO CHAPTER 30 OF THE TOWN CODE (PROCUREMENT POLICY)” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page three . . .
2-B LEGAL ITEMS
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
Ayes: All Noes: None Motion Carried
Local Law #2016-01
Code Enforcement Officer John Gullo stated the title of Chapter 54 is being changed to Brush, Grass, Weeds and Debris and he outlined the changes as follows:
§54-1: Added to the sentence: “including the accumulation of debris.”
Definitions: Added “Debris – refuse, trash, scrap, or things no longer useful or wanted; accumulation that is left to be discarded. At times the Code Enforcement office will use their discretion on these items to be cleaned.”
§54-3: Added “(F) All parcels of any size shall be free of debris.”
§54-6: Added “debris” to the paragraph and rephrased failure to comply sentence.
§54-7: Removed the first sentence regarding the Highway Department’s involvement and added a paragraph concerning an additional annual fee of $200 for administrative costs, noting this fee addresses administrative time involved.
Councilman Hart questioned if there could be a problem with trespassing. Mr. Gullo responded it will be by court order that Code Enforcement will be authorized to be present.
Mrs. Lucachik questioned if the name of a person making a complaint is given out. Mr. Gullo responded that his office does not divulge that information.
Local Law #2016-02
Code Enforcement Officer John Gullo stated this will address problems with combination units that do not illuminate the exits properly when the power is out. §75-6.5 will be amended to add: “(F) When emergency lighting is required to be located in structures, the town does not permit the combination of exit/emergency lighting. The intent is to illuminate the exit and exit ways. With automatic generator installations, emergency lighting is not required.”
Local Law #2016-03
Code Enforcement Officer John Gullo stated the modification to §90-14(B) will change the date for the annual plumbing exam to February instead of June with the entrance fee to be set by the Town Board pursuant to adoption of an annual fee schedule.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page four . . .
2-B LEGAL ITEMS
2. (continued)
Local Law #2016-04
Code Enforcement Officer John Gullo stated the modification to §66-4 (C) will remove the fee from the Town Code and the Town Board will instead adopt an annual fee schedule.
Local Law #2016-05
Town Attorney John Fenz stated this modification to §30 will codify the policy adopted by the Town Board in July 2015.
Councilman Hart suggested that instead of calling out specific threshold amounts in our local law, the wording be stated to reflect the amounts pursuant to New York State General Municipal Law §103. This will prevent the need to modify West Seneca’s local law when the amounts change in state law.
Mr. Fenz stated he will revise this local law and republish it for a future meeting.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt Local Law Nos. 1, 2, 3 and 4 as attached.
Ayes: All Noes: None Motion Carried
*APPENDICES*
3. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE PURCHASE OF THE FOLLOWING VEHICLES: ONE 2016 FORD ESCAPE - $23,010; TWO 2016 FORD F250’S - $53,357.84 (PIGGYBACK PURCHASE WITH TOWN OF DARIEN IN ACCORDANCE WITH GENERAL MUNICIPAL LAW SECTION 103); TWO 2016 FORD F350’S - $67,000 (NYS CONTRACT #PC66774SB) WITH FUNDS AVAILABLE IN THE HIGHWAY RESERVE FUND; AND TWO 2016 FORD F150’S - $48,498.29 (OFF ERIE COUNTY BID #215200-004); TWO 2016 FORD F250’S - $53,357.84 (PIGGYBACK PURCHASE WITH TOWN OF DARIEN IN ACCORDANCE WITH GENERAL MUNICIPAL LAW SECTION 103) WITH FUNDS AVAILABLE IN THE GENERAL RESERVE FUND” in the Town of West Seneca, received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page five . . .
2-C COMMUNICATIONS
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1. Highway Sup’t. re Rate increase for part-time sanitation and highway employees
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the minimum wage increase from $8.75 to $9.00 per hour for the following employees as of December 31, 2015:
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Part-time Sanitation:
Steven Amoia Austin Boehm Nicholas Gugliuzza Adam Karyczak
Norman Locher Kevin O’Shaughnessy Matthew Schultz Robert Walsh
Timothy Stevenson Mackenzie Szakes
Part-time Highway:
Roger White
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart stated he is abstaining from this vote because Robert Walsh is his cousin.
Ayes: (2) Supervisor Meegan, Councilman Hanley Noes: None
Abstentions: (1) Councilman Hart Motion Carried
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2. Highway Sup’t. re Appointment of Francis Malota as Sanitation Motor Equipment Operator
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Francis Malota as Sanitation Laborer and appoint him as Sanitation Motor Equipment Operator at a rate of $19.64 per hour effective January 18, 2016 and authorize the Supervisor to complete and sign the necessary forms with Erie County Personnel.
Ayes: All Noes: None Motion Carried
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3. Highway Sup’t. re Appointment of Nicholas Gugliuzza as Sanitation Laborer
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Nicholas Gugliuzza as part-time Sanitation Laborer and appoint him as full-time Sanitation Laborer at a rate of $18.65 per hour effective January 26, 2016 contingent upon 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 #2016-02
West Seneca, NY 14224 January 25, 2016
Page six . . .
2-C COMMUNICATIONS
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4. Chief Denz re purchase of weapons operation systems
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the purchase of two (2) full AR-15 weapons operation systems along with eight (8) Surefire Suppressor adaptors from Amchar Wholesale, Inc., 100 Airpark Drive, Rochester, at NYS bid pricing for a total cost of $12,478 with funds available that can be earmarked through police budgetary line 001.3102.0419.
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On the question Chief Denz stated this purchase will put the Police Department in a good position to handle situations law enforcement agencies are currently facing. Officers are qualified twice a year and complete two additional training sessions outside of qualification.
Ayes: All Noes: None Motion Carried
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5. Chief Denz re Rate increase for part-time Public Safety Dispatcher David Pangallo
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to increase the hourly rate of part-time Public Safety Dispatcher David Pangallo from $10.95 per hour to $11.45 per hour retroactively as of December 26, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Mr. Pangallo has achieved the required 1400 hours for this increase.
Ayes: All Noes: None Motion Carried
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6. Chief Denz re Attendance of officers at ILEETA training conference
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Captain Robert Sporysz and one (1) other officer to attend the International Law Enforcement Educators and Trainers Association (ILEETA) training conference in Rosemont, Illinois, March 14 - 18, 2016 at a total cost not to exceed $3,100 with funds available in the police training course line item 1.3120.0459.
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On the question, Chief Denz stated Captain Sporysz is in charge of training for the entire Police Department. The department has been attending this conference for more than 20 years and it includes topics on modern law enforcement.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page seven . . .
2-C COMMUNICATIONS
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7. Code Enforcement Officer re Rezoning request – corner of Indian Church and Union Road
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to refer to the Planning Board the request for a rezoning from C-1 to C-2 for property located at 1371 & 1377 Indian Church Road and 1926, 1934 & 1954 Union Road to allow a restaurant with drive-thru.
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On the question, Councilman Hart stated that significant changes were made to the original plan submitted and this will direct the Planning Board to review the proposed project.
Ayes: All Noes: None Motion Carried
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8. Town Justices re Attendance at NYS Association of Towns training conference
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize Town Justice Shannon Filbert and Court Clerks Tammie Maurino and Linda Stefaniak to attend the 2016 Association of Towns Training and Conference in New York City, February 14 – 17, 2016 at a cost not to exceed $1,200 per person.
Ayes: All Noes: None Motion Carried
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9. Councilman Hart re Resignation of Julie Korczynski as Library Board Trustee
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of Julie Korczynski and terminate her as Library Board Trustee effective January 25, 2016.
Ayes: All Noes: None Motion Carried
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10. Councilman Hart re Appointment of Patricia Wass as Library Board Trustee
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Patricia Wass as Library Board Trustee to fill the unexpired term of Julie Korczynski, effective January 25, 2016 through December 31, 2018, noting Mrs. Wass has volunteered at our town library for over 34 years and has recently retired after a long career as an elementary school teacher for the West Seneca Central School District.
Ayes: All Noes: None Motion Carried
Emily Moser administered the oath of office to Patricia Wass.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page eight . . .
2-C COMMUNICATIONS
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11. Supervisor Meegan re Appointment of Jon Minear as Town Prosecutor, etc.
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Jon Minear as Town Prosecutor at an annual salary of $7500 effective January 26, 2016 and Americans with Disabilities Officer and Harassment Compliance Officer at an annual stipend of $1,000 effective January 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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12. Supervisor Meegan re Appointment of John Fenz as Town Prosecutor
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint John Fenz as Town Prosecutor to serve without remuneration effective January 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. Highway Supt. re Addition of overtime pay line for Bldgs. & Grounds Department
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve creation of an overtime pay line #001.7110.0116.0000.0000 for the Buildings & Grounds Department in the amount of $125,000 (funds deducted from Highway overtime pay line #002.5142.0144.0000.0000); and further, authorize all overtime for Highway F/T, Mechanic WCC1, and Mechanics F/T to be charged to existing pay line #002.5142.0144.0000.0000 (previously known as “SNOW” pay line), noting all other pay lines will remain the same for regular hours.
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On the question, Highway Sup’t. Matthew English explained that historically overtime pay for Buildings & Grounds employees came out of the Highway budget. Fees have been established for organizations holding events that require Buildings & Grounds employees and it was recommended by the Finance Department that an overtime line item for Buildings & Grounds be established. Fees charged will be put in this new line and there is no change to the budget.
Ayes: All Noes: None Motion Carried
2-D REPORTS
§ Jacqueline A Felser, Town Clerk’s report for year end 2015 and Receiver of Taxes’ report for year end 2015 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page nine . . .
2-E APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve vouchers submitted for audit, chargeable to the respective funds as follows: General Fund - $150,881.57; Highway Fund - $108,249.26; Special Districts - $19,220.60; Capital Fund - $396,055.33 (voucher #’s 92305 – 92526); Trust Fund - $45,877.17 (voucher #’s 92560 -92576)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
SIGN MAINTENANCE
Beverly Leising commented on the public sign at Union Road and Main Street and asked that messages be kept up-to-date and that purple lettering not be used as it is difficult to read.
STREETLIGHT ON HARWOOD ROAD
Beverly Leising commented that the new streetlight installed on Harwood Road is out and Highway Sup’t. Matthew English responded he will look into this.
CASHIER POSITION
Karen Lucachik questioned the creation of a cashier position. Supervisor Meegan explained that due to the restructuring of the Town Clerk’s office, the Cashier title was more appropriate. The salary is also lower than the salary of the previous employee that held the Senior Clerk Typist position. This practice of cleaning up titles to match job duties was also done in the Court Clerks’ office.
PROPERTY MAINTENANCE ISSUE ON ORCHARD PARK ROAD
Karen Lucachik commented on property maintenance issues next to Country Peddlers, including various vehicles, a piece of construction equipment and a boat. Mrs. Lucachik questioned if this property is in compliance with Town Codes. Code Enforcement Officer John Gullo responded that the property use meets the Zoning Ordinance for C-2(S). His office has addressed certain zoning violations with the property owner and they are currently in court.
TAX FREEZE REBATE CHECKS
Karen Lucachik referred to the tax freeze rebate checks and commented on the qualifications, including shared services which the town has done in several departments. Mrs. Lucachik further commented on the benefits and retirement that NYS employees receive and questioned if concessions have been made with healthcare and employee labor contracts.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page ten . . .
ISSUES OF THE PUBLIC
TAX FREEZE REBATE CHECKS (continued)
Supervisor Meegan responded that healthcare savings was achieved in 2012 when the town joined a consortium with other municipalities to reduce the cost of insurance. Employees’ options for insurance were also reduced to two. These things were done long before Governor Cuomo’s directive and West Seneca is not getting credit for their actions. Supervisor Meegan further noted the tax cap this year was only .73 percent, not 2 percent.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
DISASTER PREPAREDNESS COURSE
Mitch Martin of Senator Gallivan’s office announced that the Senator has partnered with the Red Cross and West Seneca CERT to offer a Disaster Preparedness course to be held February 4th from 5:30pm to 7:30pm at the West Seneca Senior Center. Interested parties must register and almost 200 people have already registered.
Councilman Hart thanked Senator Gallivan for $400,000 in funding toward the new community center/library expansion.
HEAP OUTREACH AT W.S. COALITION RESOURCE CENTER
Supervisor Meegan announced that Legislator Joseph Lorigo is holding an outreach for HEAP on February 3rd, 9 am to 4 pm at the West Seneca Coalition Resource Center located at New Hope Church, 2846 Seneca Street.
RECREATION UPDATES
Youth Service Coordinator Lauren Masset announced the town is currently hiring rink guards and applications can be found online or picked up in the Recreation Department office. Registration for Summer Day Camp for town residents begins Monday, February 1, 2016.
IRS SCAM
Chief Denz advised the IRS does not contact anyone via the Internet or by phone. Several scams are ongoing and he cautioned to beware of parties requesting personal information.
ENGINEERING DEPARTMENT UPDATES
Town Engineer Steven Tanner announced the Engineering Department will be putting out to bid the watermain replacement project on Boncroft Drive in anticipation of Community Development Block Grant (CDBG) funding for next year that will provide funding to repave the street. They also anticipate doing work on Angle Road and East & West Road, noting Angle Road is on the Highway Department’s list for repaving. Request for a bid date for Theresa Court and Rosewood Drive is also forthcoming in February.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-02
West Seneca, NY 14224 January 25, 2016
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
HIGHWAY DEPARTMENT REVIEW
Councilman Hanley stated he recently reviewed the vehicle log book with Highway Supt. Matthew English and everything was in order. Overtime, a sewer issue and the salt situation were also reviewed.
SEWER PROJECT
Councilman Hanley referred to a newspaper article from 1969 where the town was warned to fix their sewers and the cost of the study at that time was $225,000. The sewers are finally being addressed and the cost of the project is now $70 million. Town Engineer Steven Tanner commented that the town has been applying for grants and low interest loans for the sewer project. He was informed that the town is eligible for a 0% interest long term loan for a good portion of the $30 million that was bonded. The town also received a $100,000 grant to complete the Phase 5 study.
COMPREHENSIVE PLAN UPDATE
Councilman Hart stated there is a final draft of the Comprehensive Plan and the next step is completing the SEQR. The public portion of the process will follow and the goal is for adoption in early spring.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to executive session at 8:05 P.M. to discuss two contractual matters and two personnel issues.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 9:35 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:35 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK