Board Meeting
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 April 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 Matthew Poole of Senator Gallivan’s office.
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.
8-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the April 11, 2016 work session.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2016-07 of April 11, 2016.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the bid opening for the Rosewood Section Reconstruction Project, April 20, 2016.
Ayes: All Noes: None Motion Carried
8-C COMMUNICATIONS
1. Grantwriter re Grant agreement for $100,000 Engineering Planning Grant
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution to enter into a grant agreement with NYS Environmental Facilities Corporation:
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WHEREAS,the Town of West Seneca was awarded an Environmental Facilities Corporation’s Engineering Planning Grant in the amount of $100,000 for the Town’s wastewater treatment system; and
WHEREAS,Clark Patterson Lee Architects and Engineers will be hired to develop and complete all related tasks to furnish this report; and
WHEREAS, the Town of West Seneca will submit a final report to NYSDEC and this report will be used to secure implementation funding; now, therefore, be it
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West Seneca, NY 14224 April 25, 2016
Page two . . .
8-C COMMUNICATIONS
1. (continued)
RESOLVED, that the Town Supervisor is authorized to execute a grant agreement with the NYS Environmental Facilities Corporation and any and all other contracts, documents and instruments necessary to bring about the Project and to fulfill the Town of West Seneca’s obligations under the Engineering Planning Grant Agreement.
Ayes: All Noes: None Motion Carried
2. Grantwriter re Local match for $100,000 Engineering Planning Grant
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the following resolution to appropriate a minimum of 20% local match as required by the Engineering Planning Grant Program:
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WHEREAS,the Town of West Seneca was awarded an Environmental Facilities Corporation’s Engineering Planning Grant in the amount of $100,000 for the I/I Study of the Town’s wastewater treatment system; and
WHEREAS, the Town of West Seneca will utilize Technical Force Account Labor from the Town’s Sewer Division to provide the 20% match required by this grant contract; and
WHEREAS, Clark Patterson Lee Architects and Engineers will supervise the Town’s Sewer Division staff, who will provide a minimum of $25,000 worth of work related to this study; now, therefore, be it
RESOLVED,that the Town of West Seneca authorizes and appropriates a minimum of 20% local match as required by the Engineering Planning Grant Program for the Environmental Facilities Corporation’s $100,000 Sewer Study Grant, and be it further
RESOLVED, under the Engineering Planning Grant Program, this local match must be at least 20% of the total project cost, and be it further
RESOLVED, the maximum local share appropriated subject to any changes agreed to by the Town Supervisor shall not exceed $25,000based upon a total estimated maximum project cost of $125,000, and be it finally
RESOLVED, the Town Supervisor may increase this local match through the use of in kind services without further approval from the Town of West Seneca.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 April 25, 2016
Page three . . .
8-C COMMUNICATIONS
3. Town Attorney re Request for proposals for concession services at town owned facilities
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Town Attorney John Fenz to prepare a request for proposals for concession services at town owned facilities and set a bid date of May 12, 2016 at 10 A.M. for receipt of proposals.
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On the question, Councilman Hart questioned what parks are included. Town Attorney John Fenz responded this will be for the soccer park and ice rink. Sunshine Park is currently operated by the Girl’s Softball Association and is not included in this bid.
Ayes: All Noes: None Motion Carried
4. Town Attorney re Public hearing – Local Law 2016-07, amendment to Chapter 87
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to schedule a public hearing for May 23, 2016 at 7 P.M. to consider Local Law #2016-07, an amendment to Chapter 87 Peddling, Soliciting, Transient Business and Mobile Food Vending.
On the question, Town Attorney John Fenz stated the amendment will limit the time solicitors can go door-to-door in town.
Ayes: All Noes: None Motion Carried
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5. Town Attorney re Creation of Design Standards Advisory Board
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize creation of a five member Design Standards Advisory Board.
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On the question, Councilman Hart explained this is one of the steps going forward to establish design standards for the Union Road corridor and the town may offer tax incentives. There will be a posting on the town’s website asking for volunteers to serve.
Ayes: All Noes: None Motion Carried
6. Town Engineer re 2015 Sanitary Sewer Repair Project contract extension
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a contract extension for the 2015 Sanitary Sewer Repair Project and authorize the Supervisor to sign the necessary documents, noting there are no additional charges.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 April 25, 2016
Page four . . .
8-C COMMUNICATIONS
7. Town Engineer re Bid award for Rosewood Section Reconstruction Project
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to award the bid for the Rosewood Reconstruction Project to D and H Excavating, Inc., Arcade, NY, at their low bid of $2,355,285 and authorize the Supervisor to sign the appropriate paperwork, noting this company was the low bidder out of three bids received.
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On the question, Councilman Hanley stated the town bonded $5 million for 2016 road projects with $3.7 million already awarded. This project will complete the 2016 proposed projects.
Ayes: All Noes: None Motion Carried
8. Town Engineer re SEQRA determination for 2016 Phase 5 sewer improvements
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached SEQRA resolution and determination of Type 2 action relative to the phase 5 sewer study.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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9. Highway Sup’t. re Bid date for Emergency Light Repair Call out Contract
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to set a bid date of May 12, 2016 at 10 A.M. in the Town Clerk’s Office for receipt of bids on the Emergency Light Repair Call out Contract.
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On the question, Highway Sup’t. Matthew English stated this is for street lights the town electricians are unable to repair and the contract has stipulations on timeframes for repairs.
Ayes: All Noes: None Motion Carried
10. Highway Sup’t. re Appointment of part-time seasonal laborers in the Sanitation Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Eric Anderson and Frank Courtney as part-time seasonal laborers in the Sanitation Department at a rate of $9 per hour effective April 26 – October 28, 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
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West Seneca, NY 14224 April 25, 2016
Page five . . .
8-C COMMUNICATIONS
11. Highway Sup’t. re Status change for part-time laborers in Sanitation Dept. to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of the following part-time Sanitation Department laborers to part-time seasonal effective May 5 – October 28, 2016 at a rate of $9 per hour:
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Steve Amoia, Jr. Austin Boehm Adam Karyczyk
Norman Locher Kevin O’Shaughnessy Matthew Schultz
Timothy Stevenson MacKenzie Szakacs Robert Walsh
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart stated he was abstaining from this vote because Robert Walsh is his second cousin.
Ayes: (2) Supervisor Meegan, Councilman Hanley Noes: None
Abstentions: (1) Councilman Hart Motion Carried
12. Chief Denz re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the transfer of $3,414 from Asset Seizure Trust Fund Acct. #004.0004.0072 to Police Budget Acct. #001.3120.0440, noting this covers a previous purchase of equipment for the detective bureau.
Ayes: All Noes: None Motion Carried
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13. Chief Denz re Attendance at NYS Association of Hostage Negotiators training conference
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize three (3) officers to attend the NYS Association of Hostage Negotiators training conference May 18 – 20, 2016 in Rochester at a cost not to exceed $2,000 with funds budgeted in the Police Training Courses Acct. #1.3120.0459.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 April 25, 2016
Page six . . .
8-C COMMUNICATIONS
14. Chief Denz re Status change for part-time Public Safety Dispatcher James McCullough
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time Public Safety Dispatcher James McCullough to part-time seasonal effective May 1 – 31, 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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15. Senior Recreation Therapist of Sr. Service re Status change for Georgiann Busse to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerk typist Georgiann Busse to part-time seasonal effective May 2 –31, 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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16. Senior Recreation Therapist of Sr. Service re Status change for Carol Kennedy to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time food service worker Carol Kennedy to part-time seasonal effective May 2 – 31, 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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17. Youth Service Coordinator re Status change for Candice Kogut to part-time seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of Candice Kogut from part-time to part-time seasonal effective April 26 – September 3, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Councilman Hart asked Youth Service Coordinator Lauren Masset to comment on the Youth Theatre program that is run by Candice Kogut.
Ms. Masset responded that Youth Theatre operates under the Recreation Department and the town pays the program coordinators. All monies received go into a trust account and are accounted for by the Finance Department.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 April 25, 2016
Page seven . . .
8-C COMMUNICATIONS
18. Youth Service Coordinator re Status change for Emily Baker to part-time seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of Emily Baker from part-time to part-time seasonal effective May 8 – September 3, 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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19. Senior Code Enforcement Officer re Approval of LED sign for the Olive Branch Restaurant
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve an LED sign for the Olive Branch Restaurant at 2343 Union Road.
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On the question, Councilman Hart questioned if the restaurant will be open 24/7 and how the town will know if the owner is complying with restrictions.
Richard Johnson of X-Press Signs stated the restaurant is open 24/7, but the sign will have an auto dimmer which dims 30 percent at dark.
Code Enforcement Officer Jeff Baksa commented the owner is aware of restrictions including the stipulation that the sign cannot be used to advertise any other business. Code Enforcement Officers take notice of LED signs when they are out at night, but they have to use their judgment on the level of brightness.
Councilman Hanley suggested code enforcement request a light meter in next year’s budget.
Ayes: All Noes: None Motion Carried
8-D REPORTS
- John Gullo, Senior Code Enforcement Officer, Building and Plumbing reports for March 2016 received and filed.
8-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 - $175,524.64; Highway Fund - $58,506.03; Special Districts - $11,836.65; Capital Fund - $52,969.78 (vouchers 93423 - 93972); Trust & Agency - $46,559.68 (vouchers 93876-93899)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 April 25, 2016
Page eight . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
GRASS PICKUP
Highway Sup’t. Matthew English announced grass pickup will begin Monday, May 2nd and reminded residents to use any returnable container, but not the new recycling totes.
RECREATION PROGRAM UPDATES
Youth Service Coordinator Lauren Masset stated there is only one opening remaining for weeks 1, 2 & 6 of Summer Day Camp with the remaining weeks being wait list only. Registration is currently open for the Summer Fun Program and swim lessons.
ZOMBIE PROPERTIES
Supervisor Meegan announced an icon will be on the town’s website to report Zombie home properties. Residents can fill out and submit the information which Assemblyman Michael Kearns will then take to the NYS Assembly.
8-B HELD OVER PUBLIC HEARING
“A PUBLIC HEARING TO HEAR ALL PERSONS REGARDING THE PROPOSED UPDATED TOWN COMPREHENSIVE PLAN” in the Town of West Seneca.
Motion by Councilman Hart, seconded by Councilman Hanley, to remove the public hearing from the table.
Ayes: All Noes: None Motion Carried
John Steinmetz of Steinmetz Consulting reviewed the Comprehensive Plan update which articulates what is important to West Seneca in the next 10 years, noting it should be considered a living document that is broad in scope and can be changed as needed. He stated good feedback was received from the community and there is enthusiasm on how to implement certain components of the Plan.
Nora Mikes questioned the current status of the library project. She further asked that board members table any action on the Comprehensive Plan at this meeting and questioned how many comments were received and how they will be incorporated into the plan.
Councilman Hart responded the library project is in the engineering stages.
Town Clerk Jacqueline Felser stated she received four email comments on the Comprehensive Plan update.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 April 25, 2016
Page nine . . .
8-B HELD OVER PUBLIC HEARING (continued)
Mr. Steinmetz stated there are four key changes to the Comprehensive Plan based on feedback received: 1) addition of an executive summary; 2) an action item added under the Natural Resources section – “consider developing a Wildlife Management Plan for the purpose of natural resource and habitat conservation;” 3) an objective added under the Neighborhoods section – “utilize existing paper streets running through neighborhoods to create off street bicycle and pedestrian connections;” and 4) under the Transportation section - in response to a comment and request from Erie County, the plan now references the Greater Buffalo-Niagara Regional Transportation Council Plan and states the town’s Plan is consistent with it.
Ms. Mikes questioned if the steering committee and comprehensive plan committee are the same body and the date and manner the committee was created.
Councilman Hart responded the steering committee is referred to in a document received from New York State, but the Town Board referred to it as the Comprehensive Plan Review Committee. He did not recall the date the committee was created but stated this could be researched through the Town Clerk’s office.
Ms. Mikes commented on her interpretation of a response she received from the Committee on Open Government (COOG) with regard to whether meetings of the Comprehensive Plan Review Committee were required to be held in accordance with the Open Meetings Law.
Councilman Hart disagreed with Ms. Mikes’ interpretation and stated he also received the COOG’s letter and it clearly supported the town’s position and actions.
Town Attorney John Fenz referred to the advisory opinion from COOG and stated the Town Board appointed a committee that was advisory in nature. No minutes or meeting notices were required and a third party consultant was hired to draft the update.
Doug Kroll expressed his concern about reducing Union Road to two lanes. He felt it was a dangerous thing to do and referred to instances he had seen in Williamsville where there is parking allowed on the street. He believes parked cars should not be on the highway as it is not safe for people, noting the stores have adequate parking off the road.
Councilman Hart clarified if Union Road is reduced it will only be from Center Road to Seneca Street. Their goal is to calm the traffic on Union Road and Williamsville is also being restructured for that purpose.
Councilman Hanley commented that currently pedestrians must cross five lanes of traffic on Union Road. He referred to the successful outcome of changes made in the City of Buffalo on Fillmore Avenue near Martin Luther King Park where the road was narrowed from four lanes to two lanes.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 April 25, 2016
Page ten . . .
8-B HELD OVER PUBLIC HEARING (continued)
Paula Minklei questioned if a public hearing is required to change speed limits and narrow roads.
Councilman Hart responded that New York State will have their own public hearings on proposed changes and having a good Master Plan in place will prevent the state from unilaterally making changes in the town.
Mr. Steinmetz referred to specific pages in the Plan that indicate the town wants something different for Union Road and NYSDOT will be compelled to collaborate with the town.
Councilman Hart noted the Union Road problem is not exclusive to West Seneca. Every community has problems and complaints about Union Road and is trying to get NYS to do something. He further commented their goal was to make the Comprehensive Plan a balanced plan and this Plan is stronger regarding environmental issues. Although it is not possible for the town to do everything that is in the Plan, it is full of a lot of great ideas.
Evelyn Hicks stated she was involved in 2006 when the last Comprehensive Plan was adopted and also served on the current committee. Mrs. Hicks commented the current process was more formal and the new Plan is far more superior, precise and concise. Although she does not agree with everything in the Plan, it is a collaboration of a community with a variety of interests and it is not possible to agree on everything. Mrs. Hicks sees this as a working document that will allow the town to consider new ideas that did not exist in 2006 and it is a great tool to use going forward as a resource for grant applications. She is looking forward to reviewing zoning and land use to make it more cohesive throughout the town and implement new techniques. Mrs. Hicks further commented on the opportunities to connect neighborhoods with paths and stated the plan is representative of the people she spoke to and what they want to see in it.
Supervisor Meegan commented having a Comprehensive Plan in place brings the town to the top of the list for grant funding.
Mr. Steinmetz agreed and stated language is in the Plan that is needed for grant applications and it should be appropriate for 8 – 10 years into the future.
Michael Truscott referred to the proposal for Union Road and commented on the need for people to adhere to laws regarding pedestrian crosswalks and passing on the right.
Motion by Councilman Hart, seconded by Supervisor Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 April 25, 2016
Page eleven . . .
8-B HELD OVER PUBLIC HEARING (continued)
Mr. Fenz questioned if board members reviewed Parts 1, 2 & 3 of the Environmental Assessment Form and they responded that they had.
Motion by Councilman Hart, seconded by Supervisor Meegan, to adopt the attached resolution adopting the Comprehensive Plan Strategic Update as modified as the town’s official Comprehensive Plan.
Ayes: All Noes: None Motion Carried
*APPENDICES*
ISSUES OF THE PUBLIC
PROPOSED DEVELOPMENT AT UNION & INDIAN CHURCH ROADS
Dolores Stefanacci commented on the proposed Tim Horton’s at Indian Church Road and Union Road and stated it will still be a problem even if the exit on Indian Church Road is right turn only. She further commented the area is too congested and suggested the town find other ways to generate tax revenue.
Councilman Hart advised a public hearing will be held at the May 9th Town Board Meeting to review the project. The rezoning will be considered by the Town Board, and if approved, the project will go back to the Planning Board for site plan approval.
DEER MANAGEMENT PLAN
Leslie Just commented on the deer population control plan and asked that rather than killing deer the town look at other alternatives. Ms. Just suggested property owners use alternative gardening methods as a possible solution.
Chief Denz responded the Town Board did not propose that deer be shot, but they did ask him to work with the DEC to develop a solution to the problem. There are social issues with the town divided on what to do and there is no immediate solution to the problem. Chief Denz stated the DEC also has limited resolutions.
Valerie Will of Animal Advocates of WNY stated she is pleased that West Seneca is not ready to kill the deer and is still looking into solutions for the deer nuisance problem. Ms. Will also distributed information from Laura Simon, a Wildlife Ecologist from the Humane Society of the United States.
Chief Denz stated he has consulted with sportsman groups and the DEC and wants to thoroughly research the issue, noting he is not even close to a resolution.
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West Seneca, NY 14224 April 25, 2016
Page twelve . . .
ISSUES OF THE PUBLIC
EVERY OTHER WEEK RECYCLING PICKUP
Amy Carpenter questioned the status of a proposal to have recycling totes picked up every other week.
Councilman Hart responded the proposal is still in the planning stage, but it is anticipated the savings will be over $100,000. There will be an extensive public relations campaign to address the changes and an opportunity to exchange recycling totes for a larger size.
Susan Kims questioned if there will be a fee for exchanging the size of recycling totes.
Supervisor Meegan responded that has not yet been determined as the financial burden is unknown at this point.
LIBRARY AND COMMUNITY CENTER PROJECT
Amy Carpenter referred to the proposed library and community center and asked for confirmation on the figures of $9.4 million as the total for the project, $1.2 million in grant money received and $1.4 million from energy savings with the balance being bonded.
Town Attorney John Fenz responded he is waiting on the final figures from engineering and financial advisors.
Mrs. Carpenter further questioned the timeline for the project.
Councilman Hart responded it will most likely be 2018 and confirmed there will be additional opportunities for public input.
DORRANCE AVENUE RECONSTRUCTION
Susan Kims questioned the cones and disturbance in the pavement on Dorrance Avenue and if Covington Drive is on the list for being repaved.
Councilman Hanley responded the Highway Department is going to repair the sewers and mill and pave Dorrance Avenue one year ahead of schedule. He will check with Highway Sup’t. Matthew English on the timeframe for Covington Drive and relay that information to Mrs. Kims.
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West Seneca, NY 14224 April 25, 2016
Page thirteen . . .
ISSUES OF THE PUBLIC
YOUTH THEATRE
Susan Kims questioned insurance coverage for the Youth Theatre program and why fees are the same for residents and non-residents.
Supervisor Meegan stated the instructors are employees of the town so they are covered under the town’s insurance. Every town is welcome to participate in the Youth Theatre program and along with students from West Seneca schools it encompasses children that live in Orchard Park and Cheektowaga among others. The cost of participation is over $100 per participant.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hanley, to recess to executive session at 8:50 P.M. to discuss two personnel issues with Chief Denz.
Ayes: All Noes: None Motion carried
The board members returned from executive session at 9:25 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:25 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK