Town Board Minutes

 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 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 Councilman Hart.
 
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 Det. Lt. George Taylor, Sister Sally Watts, Paul Kearns, Vincent Occhino, Spencer Reyna, Donald Zimmermann, and Girard Marotto.
 
6-A    MINUTES TO BE APPROVED
 
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the March 14, 2016 work session.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2016-05 of March 14, 2016.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from March 14, 2016 executive session.
 
Ayes: All                                     Noes: None                                 Motion Carried
 
6-B   LEGAL ITEMS
 
 1.     Proofs of publication and posting of legal notice: “OF THE ESTOPPEL NOTICE AND BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING PARTIAL RECONSTRUCTION OF VARIOUS TOWN BUILDINGS; ESTIMATING THE TOTAL COST THEREOF IS $150,000; APPROPRIATING SAID AMOUNTS THEREFOR; AND AUTHORIZING THE ISSUANCE OF $150,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION” in the Town of West Seneca, received and filed.
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page two . . .
 
6-B    LEGAL ITEMS
 
2.     Proofs of publication and posting of legal notice: “OF THE ESTOPPEL NOTICE AND BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING ROAD RECONSTRUCTION AND REPAVING IMPROVEMENTS; ESTIMATING THE TOTAL COST THEREOF 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” in the Town of West Seneca, received and filed.
 
6-C   COMMUNICATIONS

 
             
1.    Supervisor Meegan re Budget transfer request
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budget transfer of $1,000 from Contingent Acct. #01.1990.0480 to Continuing Education and Training Acct. #01.1220.0414 to cover the cost of the Association of Towns training conference in New York City.
 
Ayes: All                 Noes: None             Motion Carried
 
    2.   Supervisor Meegan re Leave of absence for Matthew Hourihan, Buildings & Ground laborer
 
 
                 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a one year unpaid leave of absence for Matthew Hourihan from his position as laborer in the Buildings & Grounds Department effective April 4, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
On the question, Councilman Hart stated Mr. Hourihan will be attending the NYS Troopers academy.
 
Ayes: All                  Noes: None             Motion Carried                                                                      
    3.   Supervisor Meegan re Status change for Youth Service Coordinator Lauren Masset to seasonal
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Youth Service Coordinator Lauren Masset to part-time seasonal effective April 17 - September 3, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.  
 
Ayes: All                 Noes: None             Motion Carried

 
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page three . . .
 
6-C    COMMUNICATIONS

 
   4.   Town Attorney re Change orders for Greenbranch Road Project
 
 
                                                          
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve change order #2 in the amount of $4240 for additional seeding, fertilizing and mulching on the Greenbranch, Larkwood, Cardinal and Woodmar Road Reconstruction Project and the final change order for a net deduct of $135,715.99.
 
Ayes: All                 Noes: None             Motion Carried
 
 5. Highway Sup’t re Budget transfer
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budget transfer of $53.67 from Contingent Acct. #01.1990.0480 to Kiwanis Building Demolition Acct. #01.7312.0467 to cover electrical work for the demolition.
 
Ayes: All                 Noes: None             Motion Carried
 
 6. Highway Sup’t re Budget transfer
 
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a budget transfer of $762,156 from Capital – BAN Principal Acct. #02.9716.910 to the following: $358,744 to Other Funds #02.9901.999; $130,438 to Workmen’s Compensation Acct. #02.9040.803; $251,722 to Hospital and Medical Insurance Acct. #02.9060.807; $21,021 to Health and Welfare Insurance Acct. #02.9080.804; $231 to Work Boot Allowance Acct. #02.9089.820.
 

            On the question, Councilman Hart requested additional detail on the $358,744 transfer to other funds. Supervisor Meegan stated she will have Finance Director Jessica Tempest forward that information to Councilman Hart.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 

 7. Highway Sup’t re Attendance at 2016 Highway School
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Highway Sup’t. Matthew English and Deputy Highway Sup’t. Gregory Zimmerman to attend the 2016 Highway School, June 5- 8, 2016 at Ithaca College with costs not to exceed $1,500.
 
Ayes: All                 Noes: None             Motion Carried
 

 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page four . . .
 
 
6-C    COMMUNICATIONS
 

 
8.    Highway Sup’t re Title change for Philip Steffan to Highway Laborer
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Philip Steffan as Highway Motor Equipment Operator and appoint him as Highway Laborer Group 1, Step 5 at a rate of $27.52 per hour effective March 28, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.  
 
Ayes: All                 Noes: None             Motion Carried
 
9.    Highway Sup’t re Title change for Matthew Stacey
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Matthew Stacey as Highway Laborer and appoint him as Highway Motor Equipment Operator Group 2, Step 5 at a rate of $28.17 per hour effective March 28, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.  
 
Ayes: All                 Noes: None             Motion Carried
 
10.     Chief Denz re Attendance at International Chiefs of Police Training Conference
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Chief of Police Daniel M. Denz to attend the International Chiefs of Police training conference October 14 – 19, 2016 in San Diego, California, at a total cost not to exceed $3,800 noting there is no cost to taxpayers as funds to cover the expense will be taken from the Federal Asset Seizure Trust Fund Acct. #04.0004.0072.
 
Ayes: All                 Noes: None             Motion Carried
 
11.     Chief Denz re Appointment of Dave Dudziak as Court Security Officer
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint David Dudziak as Court Security Officer effective March 29, 2016 at a rate of $17 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                 Noes: None             Motion Carried
 

 
 
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page five . . .
 
 
6-C    COMMUNICATIONS
 

12.     Chief Denz re Resignation of Louis M. Reiner as part-time Public Safety Dispatcher
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the resignation of Louis M. Reiner as part-time Public Safety Dispatcher and terminate him effective March 21, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.  
 
Ayes: All                 Noes: None             Motion Carried
 
13.     Senior Code Enforcement Officer re Approval of LED sign for Buszka Funeral Home
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve an LED sign for Buszka Funeral Home for their location at 2085 Union Road.
 
 

            On the question, Councilman Hart questioned if this LED sign request had appeared before the Zoning Board of Appeals. Town Clerk Jacqueline Felser responded the applicant had appeared before the Zoning Board and submitted signatures of approval from residents of Kron Avenue and Orchard Avenue. The Zoning Board approved the variance.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 

14.     Senior Recreation Therapist of Sr. Services re Status change for Mary Ann Gullo
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time ceramic instructor Mary Ann Gullo to part-time seasonal effective April 1 - May 31, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.  
 
Ayes: All                 Noes: None             Motion Carried
 
15.     Senior Recreation Therapist of Sr. Services re Status change for Marirose Bless
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time food service worker Marirose Bless to part-time seasonal effective April 1 - 29, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.  
 
Ayes: All                 Noes: None             Motion Carried
 

 
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page six . . .
 
 
6-C    COMMUNICATIONS
 

16.     Senior Recreation Therapist of Sr. Services re Status change for Janet Kropczynski
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time clerk typist Janet Kropczynski to part-time seasonal effective April 1 - 29, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.  
 
Ayes: All                 Noes: None             Motion Carried
 
17.     Youth Service Coordinator re 14 Holy Helpers Annual 5K
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with 14 Holy Helpers Parish for their annual Mathletes 5K.
 
Ayes: All                 Noes: None             Motion Carried
 
18.     Youth Service Coordinator re West Seneca Community 5K
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with the West Seneca East Spirit Boosters Club for the 2016 West Seneca Community 5K.
 
Ayes: All                 Noes: None             Motion Carried
 
19.     Youth Service Coordinator re West Seneca Girls Softball agreement
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with the West Seneca Girls Softball Association for a term commencing on April 1, 2016 and ending December 31, 2020.
 
Ayes: All                 Noes: None             Motion Carried
 
20.     Youth Service Coordinator re 2016 Day Camp Safety Plan & Camper Orientation Manual
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the 2016 Veterans Park Day Camp Safety Plan and Camper Orientation Manual, noting Senior Code Enforcement Officer John Gullo has reviewed and approved the plan which addresses the requirements of Subpart 7-2 of the New York State Sanitary Code.
 
Ayes: All                 Noes: None             Motion Carried
 

WEST SENECA TOWN OFFICES                                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                                             Minutes #2016-06
West Seneca, NY 14224                                                                March 28, 2016
                                                                                                            Page seven . . .
 
6-C    COMMUNICATIONS
 

21.     Youth Service Coordinator re 2016 Summer Swim Lessons
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the 2016 summer swim lessons.
 
On the question, Youth Service Coordinator Lauren Masset noted there is no 10 am spot on Thursdays, but it can be added if there is a demand for that time.
 
Ayes: All                 Noes: None             Motion Carried
 
22.     Youth Service Coordinator re 2016 Summer Fun Program
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve creation of the new 2016 Summer Fun Program for ages 6 – 9 and 10 – 14.
 

            On the question, Youth Service Coordinator Lauren Masset stated the Recreation Department’s goal is to reallocate resources back into Veteran’s Park by conducting all of the programs at this location, which will also allow for better supervision of the activities. The program will provide outdoor activities each day for a shorter length of time than the day camp. Town parks will not be staffed this summer due to underutilization of those programs.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 

23.     Buildings & Grounds re Budget transfer for Bldgs. & Grounds Department vehicle purchase
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution authorizing the purchase of vehicles for the Buildings and Grounds Department:

 
WHEREAS, on January 11, 2016 the Town Board authorized the purchase of the following vehicles from Delacy Ford for the Buildings & Grounds Department subject to permissive referendum: two (2) 2016 Ford F150’s - $48,498.29 (off Erie County bid #215200-004); two (2) 2016 Ford F250’s – $53,357.84 (piggyback purchase with Town of Darien in accordance with General Municipal Law Section 103); and
 
WHEREAS, the General Fund’s 2016 adopted budget includes a $150,000 Transfer to Capital Fund to support capital and equipment expenditures for the General Fund; now, therefore, be it
 
RESOLVED, the Town Board does hereby authorize the transfer of $150,000 from the General Fund Transfer Account to the General Fund Capital Reserve Account #001.7110.0202 for the purpose of purchasing two (2) 2016 Ford F150’s - $48,498.29 (off Erie County bid #215200-004); two (2) 2016 Ford F250’s – $53,357.84 (piggyback purchase with Town of Darien in accordance with General Municipal Law Section 103).
 
          Ayes: All                                     Noes: None                                 Motion Carried        
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page eight . . .
 
6-C    COMMUNICATIONS
         

24.     Finance Department re Budget transfer request
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the attached 2015 year-end budget transfers.
 
Ayes: All                 Noes: None             Motion Carried
                                                          *APPENDICES*

 
6-D   REPORTS
 
  • John Gullo, Senior Code Enforcement Officer, Building & Plumbing reports for February 2016 received and filed.
 
6-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 - $395,390.69; Highway Fund - $59,644.52; Special Districts - $18,482.31; Capital Fund - $199,439.07 (vouchers 92943-93575) Trust Fund - $36,362.02 (vouchers 93468-93494)
 
Ayes: All                                     Noes: None                                 Motion Carried
 
ISSUES OF THE PUBLIC
 
COMPREHENSIVE PLAN UPDATE
 
Nora Mikes presented a letter with her comments on the 2016 Comprehensive Plan update and stated she believes preparation of the update was in violation of the Open Meetings Law.
 
ROSEWOOD DRIVE PROJECT
 
Jim Pastrick commented on the Rosewood Drive project which also involves Brianwood, Reynolds and Azalea Drive and expressed concern that the sidewalks that are in disrepair will not be replaced. He noted that bonding is inexpensive right now and referred to other projects completed 3 to 5 years ago that included sidewalks. Mr. Pastrick stated he attended the public information meeting for this project, but was not satisfied with the response he received.
 
Supervisor Meegan stated because there is no water or sewer issue the town cannot spend public dollars to replace the sidewalks and this is in accordance with municipal law. The Dover Drive project involved sewer issues and the Elmsford Drive project was very involved. Supervisor Meegan further stated repair of sidewalks is the homeowners’ responsibility and she offered Senior Code Enforcement Officer John Gullo’s assistance in marking damaged sidewalks and notifying homeowners.
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page nine . . .
 
          ROSEWOOD DRIVE PROJECT   (continued)
 
Councilman Hart stated he and Mr. Gullo are looking at a change to the Town Code where the town could hire a contractor to replace sidewalks and the homeowner could either pay the town directly or have the cost added to their tax bill over the course of a few years.
 
Nora Mikes stated she attended the informational meeting for the Rosewood Drive project and the discussion was almost exclusively about how bad the sewers are.
 
Councilman Hart responded that is incorrect and the sewers have been repaired.
 
Barb Lipiew commented on the damage Silver Maple trees caused her sewers and sidewalks and asked that they be taken down because the roots have lifted and broken the sidewalks and they are not draining correctly.  Mrs. Lipiew stated she would like to see the sidewalks sloped and requested those that are broken because of tree roots be replaced.
 
Supervisor Meegan stated the town will take a look at Mrs. Lipiew’s situation.
 
Highway Supt. Matthew English stated the town does not take down healthy trees, but they recommend the contractor remove the sidewalk, grind the roots down and then place a bio barrier provided by the town on the end of the roots to prevent them from growing back.
 
Councilman Hanley stated Town Engineer Steven Tanner gave residents the option of marking trees they want taken down during the project.
 
Supervisor Meegan commented Erie County will be doing a full road reconstruction project next year on East & West Road from Leydecker Road to Orchard Park Road and it will include curbing, sidewalks and bike lanes.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
          RECREATION PROGRAM UPDATES
Youth Service Coordinator Lauren Masset reminded the public the summer fun program and swim lessons registration will begin on Friday, April 1st, which is also the deadline for adult softball registration. Monday night co-ed softball is currently full and there is a waiting list. Ms. Masset further stated summer day camp registration is going very well with less than a dozen openings for each week.
          VACANCY IN BUILDINGS & GROUNDS DEPARTMENT
          Councilman Hanley stated there will be a posting on the town’s website to fill the vacancy in the Buildings & Grounds Department.  Councilman Hart noted the position should be listed as provisional.
 
 
WEST SENECA TOWN OFFICES                                       TOWN BOARD PROCEEDINGS
1250 Union Road                                                             Minutes #2016-06
West Seneca, NY 14224                                                            March 28, 2016
                                                                                          Page ten . . .
 
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
          UPCOMING PUBLIC FORUMS
          Councilman Hart reminded everyone of the public forum March 29th on the proposed library expansion and community center project to be held at 6:30 P.M. at the senior citizens center.
          Supervisor Meegan announced an Awareness Night to be held at the senior citizens center on April 20th, 6:30 to 8:30 P.M. This will be a public forum to address the current issues of addiction, overdose and suicide with representatives from several groups including Horizon, Kids Escaping Drugs, Renaissance House, Save the Michaels, Assemblyman Kearns, Legislator Lorigo, Bill Cleary, West Seneca Police Department, Councilman Hart and Councilman Hanley. The public is encouraged to attend.
          ADJOURNMENT
          Motion by Supervisor Meegan, seconded by Councilman Hanley, to adjourn the meeting at 7:45 P.M.
 
          Ayes: All                                    Noes: None                                 Motion Carried
 
 
 
 
_______________________________________
 JACQUELINE A FELSER, TOWN CLERK