Board Meeting
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Supervisor Sheila M. Meegan called the meeting to order at 7:05 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Town Engineer David Johnson.
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 Jeffrey Sgroi.
3-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2016-02 of January 25, 2016.
Ayes: All Noes: None Motion Carried
3-B COMMUNICATIONS
1. Supervisor Meegan re Attendance at NYS Association of Towns annual meeting
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Supervisor Sheila Meegan and Town Attorney John Fenz to attend the Association of Towns annual meeting in New York City, February 12 – 16, 2016 at a cost not to exceed $2,000 per person and further designate Supervisor Meegan as voting delegate for the Town of West Seneca.
Ayes: All Noes: None Motion Carried
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2. Supervisor Meegan re West Seneca Kiwanis Annual Arts & Crafts Festival
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the request of the West Seneca Kiwanis Club to hold their annual arts & crafts festival July 16 - 17, 2016 on Town Hall property.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page two . . .
3-B COMMUNICATIONS
3. Supervisor Meegan re Retirement of Joyce Mallette, Environmental Commission Member
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Joyce Mallette as a member of the West Seneca Environmental Commission.
On the question, board members thanked Mrs. Mallette for her many years of service on the environmental commission.
Ayes: All Noes: None Motion Carried
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4. Town Attorney re Settlement Agreement with National Grid
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the attached Settlement Agreement with National Grid, noting that pursuant to the agreement National Grid will pay the town $6,012.07 to settle the town’s claim for amounts improperly charged for street lighting services between February 1, 2007 and November 15, 2015.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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5. Town Attorney re 2016 Senior Transportation & Escort Services Agreement
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the Senior Transportation & Escort Services Agreement with Erie County, noting that pursuant to the agreement Erie County will provide the town with use of a 2006 Ford 12-passenger van and a 2014 Ford 8-passenger van in exchange for the town providing transportation services to high-risk elderly from their homes to and from medical, nutritional, financial, social, shopping, and personal needs appointments.
Ayes: All Noes: None Motion Carried
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6. Town Attorney re Real property tax assessment challenge – 5029 Clinton Street
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Motion by Supervisor Meegan, seconded by Councilman
Hanley, to authorize Town Attorney John Fenz to execute the attached Consent Order to resolve the real property tax assessment challenge of Genergy Property, LLC, 5029 Clinton Street (SBL #126.17-1-7).
Ayes: All Noes: None Motion Carried
*APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page three . . .
3-B COMMUNICATIONS
7. Town Attorney re Appointment of Minority Women Business Enterprise (MWBE) Compliance Officer
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Town Attorney John Fenz as Minority Women Business Enterprise (MWBE) Compliance Officer for the year 2016 without remuneration.
On the question, Town Attorney John Fenz explained that when the town receives grant money there is at times a stipulation that they meet certain MWBE percentages and the MWBE Compliance Officer’s job is to ensure project expectations are being met.
Ayes: All Noes: None Motion Carried
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8. Town Attorney re Public Hearing for Local Laws No. 5 and No. 6
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Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing for February 29, 2016 at 7 P.M. to hear all persons interested in adoption of the following proposed local laws: Local Law No. 5: Modification to Chapter 30 of the Town Code - Procurement Policy; Local Law No.6: Establishment of the West Seneca Industrial and Commercial Incentive Board.
Ayes: All Noes: None Motion Carried
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9. Town Engineer re SEQR review & determination for 2016 road reconstruction projects
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached SEQR resolution for the scope of road reconstruction work expected to be completed in 2016.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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10. Town Engineer re SEQR review & determination for construction of improvements to Buildings & Grounds Department
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Motion by Supervisor Meegan seconded by Councilman Hanley, to adopt the attached SEQR resolution relative to construction of improvements to the town Buildings & Grounds Department.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 February 8, 2016
Page four . . .
3-B COMMUNICATIONS
11. Town Engineer re Bid date for Theresa Court Road Reconstruction Project
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to set a bid date of March 10, 2016 at 10 A.M. for receipt of bids on the Theresa Court Road Reconstruction Project.
Ayes: All Noes: None Motion Carried
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12. Town Engineer re Bid date for Boncroft Drive Watermain Replacement Project
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of March 10, 2016 at 10:30 A.M. for receipt of bids on the Boncroft Drive Watermain Replacement Project, noting this is one of the most repaired town owned watermains based on information provided by Erie County Water Authority and replacement will allow the town to consider milling and resurfacing Boncroft Drive with future grant funding.
Ayes: All Noes: None Motion Carried
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13. Town Engineer re Bid date for East & West Road & Angle Road Watermain Replacement Project
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to set a bid date of March 10, 2016 at 11:00 A.M. for receipt of bids on the East & West Road & Angle Road Watermain Replacement Project, noting these are areas of town owned watermain recommended to be repaired based on information provided by Erie County Water Authority and replacement of the watermain will allow the Highway Department to mill and resurface Angle Road after the watermain is replaced.
Ayes: All Noes: None Motion Carried
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14. Town Engineer re Designation of Town Board as Lead Agency for Library Improvement Project
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Motion by Supervisor Meegan, seconded by Councilman Hart, to designate the West Seneca Town Board as Lead Agency for the renovation and additions to the Town of West Seneca Library, authorize the Supervisor to sign all SEQR documents on the Town Board’s behalf and authorize the Town Engineer to coordinate review of this unlisted action with all applicable involved and interested agencies.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page five . . .
3-B COMMUNICATIONS
15. Town Engineer re Approval of additional fees for Steinmetz Planning Group
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize payment of an additional $15,000 to Steinmetz Planning Group to complete their work on the Comprehensive Master Plan.
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On the question, Councilman Hart stated Steinmetz has listed additional meetings, presentations, data compilation and edits and modifications to project deliverables necessitating the additional fees. There will also be additional training for the Planning Board and Zoning Board that Steinmetz will perform along with public hearings.
Ayes: All Noes: None Motion Carried
16. Chief Denz re Attendance at NYS Tactical Officers training conference
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize three (3) police officers to attend the New York State Tactical Officers training conference, April 26 – 28, 2016 in Verona, New York, at a cost not to exceed $2,000.00, noting sufficient funds are budgeted in the 2016 police training course line 1.3120.0459.
Ayes: All Noes: None Motion Carried
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17. Chief Denz re Appointment of Thomas A. Cooper as part-time Public Safety Dispatcher
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Thomas A. Cooper as part-time Public Safety Dispatcher effective February 9, 2016 at a rate of $10.95 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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18. Chief Denz re Purchase of copier
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the purchase of one (1) Kyocera TASKalfa 3051ci multifunction copier at the NYS bid price of $6,236.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page six . . .
3-B COMMUNICATIONS
19. Code Enforcement Officer re Appointment of Leah Ziccarelli as full-time Clerk Typist
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Leah Ziccarelli as full-time Clerk Typist, Group 2, Step 1, at an annual salary of $26,884.58 effective February 9, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Ms. Ziccarelli was selected off the current Civil Service list for this title.
Ayes: All Noes: None Motion Carried
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20. Code Enforcement Officer re Revised fee schedule
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached revised fee schedule for the Code Enforcement Office.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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21. Code Enforcement Officer re LED sign at 1510 Orchard Park Road
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve an LED sign on the Orchard Park Road Storage building located at 1510 Orchard Park Road.
Ayes: All Noes: None Motion Carried
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22. Code Enforcement Officer re LED sign at 2566 Seneca Street
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a free-standing LED sign for S & G Supermarket located at 2566 Seneca Street.
Ayes: All Noes: None Motion Carried
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23. Code Enforcement officer re LED sign at 3887 Seneca Street
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a free-standing LED sign for West Seneca Smiles Family Dentistry located at 3887 Seneca Street.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page seven . . .
3-B COMMUNICATIONS
24. Town Justices re Retirement of Darlene Sommer, Senior Clerk Typist
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Darlene Sommer and terminate her as Senior Clerk Typist effective March 3, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Mrs. Sommer has been a dedicated worker in the Justice Court for twenty years.
On the question, board members wished Mrs. Sommer well in her retirement.
Ayes: All Noes: None Motion Carried
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25. Town Justices re Appointment of Rachel M. Nalewajek as temporary part-time clerk
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Rachel M. Nalewajek as temporary part-time clerk in the Justice Court effective February 11, 2016 at a rate of $14 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting this temporary position will assist the office which is currently missing a full-time employee due to illness.
Ayes: All Noes: None Motion Carried
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26. Senior Recreation Therapist of Sr. Services re Change of status for Carol Kennedy to part-time seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status for part-time food service worker Carol Kennedy to part-time seasonal effective February 1 - 29, 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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27. Youth Service Coordinator re Termination of Sarah Boneberg, part-time recreation attendant
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Sarah Boneberg as part-time recreation attendant effective February 9, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page eight . . .
3-B COMMUNICATIONS
28. Town Attorney re Bond resolution for road reconstruction and repaving projects
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing road reconstruction and repaving improvements, estimating the total cost is $5,000,000, appropriating said amount therefor and authorizing the issuance of $5,000,000 in serial bonds of the town to finance said appropriation.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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29. Town Attorney re Bond resolution for partial reconstruction of various town buildings
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing partial reconstruction of various town buildings, estimating the total cost is $150,000, appropriating said amount therefor and authorizing the issuance of $150,000 in serial bonds of the town to finance said appropriation.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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30. Town Attorney re Bond resolution for town pool vehicles
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing acquisition of vehicles for the town motor pool, estimating the total cost thereof is $80,000, appropriating said amount therefor and authorizing the issuance of $80,000 in serial bonds of the town to finance said appropriation.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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31. Town Attorney re Bond resolution for acquisition of equipment for Police Department
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing acquisition of equipment for the Police Department, estimating the total cost thereof is $120,000, appropriating said amount therefor and authorizing the issuance of $120,000 in serial bonds of the town to finance said appropriation.
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On the question, Chief Denz stated the current dispatch console is 11 years old and is beginning to fail. The town will pay half the cost and the remainder will be split by the six fire districts.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page nine . . .
3-B COMMUNICATIONS
31. (continued)
Town Attorney John Fenz stated bond counsel had advised to borrow the entire $120,000 and when the cash is received from the fire districts it will be applied to the bond anticipation note.
Ayes: All Noes: None Motion Carried
*APPENDICES*
3-C REPORTS
§ John Gullo, Senior Code Enforcement Officer’s report for year end 2015 and January 2016 and Plumbing Inspector’s report for year end 2015 and January 2016, received and filed.
3-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 - $468,068.77; Highway Fund - $153,034.59; Special Districts - $129,782.83; Capital Fund - $750,886.19 (voucher #’s 92311-92834).
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
DEER POPULATION
Supervisor Meegan stated she has been inundated with deer issues from residents and suggested Chief Denz go forth with designating officers to thin the herds.
Councilman Hart questioned if the police will work regular shifts and get overtime at night.
Chief Denz responded he would like to work with the DEC to set up a program. He projected it to be a three to four month venture, but did not anticipate an enormous amount of overtime cost to the town.
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Chief Denz to work with the DEC in thinning the deer population in West Seneca.
On the question, Councilman Hart commented this is not always the answer because when a herd is thinned the deer tend to migrate to the same area again, but he hoped collaboration with the DEC will come up with a successful program.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page ten . . .
ISSUES OF THE PUBLIC
DEER POPULATION (continued)
Supervisor Meegan stated West Seneca is still working with the City of Lackawanna for areas bordering the city and the key to making this successful is being continuous and remaining faithful to the thinning of the herds.
Ayes: All Noes: None Motion Carried
Beverly Leising questioned if meat from the thinning of the deer herds will be donated to soup kitchens. Chief Denz stated that is usually done, but it is a detail of the program to be worked out with the DEC.
CLEAN WATER ACT GRANT FUNDS
Susan Kims requested clarification of comments made by Town Engineer Steven Tanner at the January 25, 2016 meeting regarding a zero percent interest loan and $100,000 grant money. Supervisor Meegan explained this is the Clean Water Act and because of Clark Patterson Lee’s work, the town has now qualified as an applicant and recipient of the grant funds.
KIWANIS CENTER DEMOLITION
Susan Kims referred to the Kiwanis Center demolition and questioned if fees are charged to the Kiwanis Club for their arts & crafts festival. Supervisor Meegan clarified that although the building was called the Kiwanis Center, it was owned by the town not the Kiwanis organization. The Arts & Crafts Festival is an outdoor event held on town property. Charging fees to cover town costs for events is new this year and they are based on the needs outlined by the applicant in the signed agreement.
GRANT MONEY FOR TOTES
Susan Kims commented that the City of Lockport received $200,000 grant money for their totes. Supervisor Meegan responded that West Seneca had also received grant money, but each year the amounts available are different. West Seneca also received a grant for streetscaping.
PURCHASE OF POOL VEHICLES
Susan Kims referred to the bond resolution for purchase of pool vehicles and questioned what type and how many vehicles are being purchased. Supervisor Meegan responded they are purchasing Ford Fusions for the Code Enforcement Officers and an SUV for Engineering.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page eleven . . .
ISSUES OF THE PUBLIC
CDBG PROJECTS
Linda Toy questioned if Burch Avenue and Grace Street are being reconstructed. Supervisor Meegan responded those streets were part of the Community Development Block Grant application, but only North Covington Drive was chosen.
OPEN MEETINGS AND PUBLIC PARTICIPATION
Karen Lucachik commented on the positive outcome of public participation in developing the waterfront and stated Orchard Park will be holding a brainstorming session to discuss redoing their library. She questioned what West Seneca is doing to include public participation and recited the Open Meetings Law, asking that it be followed to its fullest. Mrs. Lucachik further commented the public does not hear the board members deliberations on decisions made.
Supervisor Meegan responded that many items on the Town Board agendas are housekeeping in nature and do not involve deliberation.
Councilman Hart also disagreed that board members do not deliberate in public and stated many issues are cut and dry. He referred to the library project and presentation that was made to community groups and the public meeting on the Comprehensive Plan and Seneca Place project. Councilman Hart stated he has met with many groups on the library project where the general public has been invited and going forward they will use Code Red for meeting notifications. He further noted West Seneca will not be participating in the Seneca Place project, and referred to problems the developer, Mr. Congel, is facing in the Rochester area.
Amy Carpenter stated many of the public meetings held were not on the town website or in the Buffalo News. She further offered her opinion that prairie style or Frank Lloyd Wright style for the library is not appropriate for the town and did not approve of allowing LED signs in town.
Councilman Hanley stated they will provide Town Clerk Jacqueline Felser with various meeting dates for posting on the website.
West Seneca Environmental Commission member Karl Spencer disagreed with previous statements made regarding a lack of communication with the public and commented it is not the board member’s fault if the Buffalo News doesn’t publish things. He further stated the environmental commission has met with the schools and Chamber of Commerce and responded to a request by the library to make a presentation and the meetings were open to the public.
George Clifford stated the Town Board lost an opportunity to ask the 160 people in attendance at the Seneca Place project meeting what they would like to see at the Seneca Mall site. He further believes property owners should be able to have LED lights if they are following Town Code and was happy government could not deny them the right to advertise their business.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page twelve . . .
ISSUES OF THE PUBLIC
ETHICS COMMITTEE
Amy Carpenter commented that no appointments were made to the Ethics Board during the Reorganization Meeting and suggested placing an article in the newspaper for interested applicants. Mrs. Carpenter stated many people would like to see the committee continue and the law revised to give them the tools it needs to be effective.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
TROJANS TAKE ACTION
Supervisor Meegan announced that Friday, May 20, 2016, East Senior High School students will be participating in “Trojans Take Action” a day of service to the community. Organizers are looking for volunteer opportunities throughout the community as well as sponsorships and in-kind donations. Information will be available on the town’s website.
RECREATION UPDATES
Youth Service Coordinator Lauren Masset reminded all that resident registration for Summer Day Camp is currently taking place. Also, the Recreation Department will be hosting a Superhero skate at the West Seneca Ice Rink on February 21st. Participants should dress as their favorite superhero and regular admission fees apply.
POLICE CHIEF WARNINGS
Chief Denz cautioned the public that IRS scams are ongoing. He further cautioned residents to lock their vehicles as many were broken into over the past weekend.
HARLEM ROAD PARK
Councilman Hanley announced the NYSDOT will attend the February 29th Town Board meeting to discuss improving waterflow out of Harlem Road Park.
UPCOMING ATHLETIC EVENTS
Councilman Hart attended meetings with the Girls Softball Association concerning the World Series of Softball event taking place this summer and the Gaelic Athletic Association concerning the Continental Youth Championship in 2017, noting the next meeting will be held in West Seneca. The meeting is open to the public and they will be discussing bussing, off-site parking, fundraising and concessions.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-03
West Seneca, NY 14224 February 8, 2016
Page thirteen . . .
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 8:25 P.M. to discuss an employee issue.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 8:45P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:45 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK