Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-10
West Seneca, NY 14224 May 23, 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 Mary Josefiak.
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 Kenneth Meyers, Leonard Antos and Lily Earsing.
10-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the May 9, 2016 work session.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2016-09 of May 9, 2016.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the bid opening for the Emergency Light Repair Call Out Contract of May 12, 2016.
On the question, Town Engineer Steven Tanner stated only one bid was received so they will be rebidding the contract. This is a three year contract for some of the three phase higher voltage lighting. Councilman Hart suggested possibly training town employees to do the high voltage work in the future.
Ayes: All Noes: None Motion Carried
10-B LEGAL ITEMS
1. Proofs of publication and posting of legal notice: “OF THE FILING OF THE ANNUAL UPDATE DOCUMENT OF THE TOWN OF WEST SENECA FOR THE PERIOD BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 COMPLETED BY R.A. MERCER & CO., P.C.” in the Town of West Seneca, received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-10
West Seneca, NY 14224 May 23, 2016
Page two . . .
10-B LEGAL ITEMS
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140, 144, 154, 158, 160 & 162 SLADE AVENUE, BEING PART OF LOT NO. 292, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S) FOR CONSTRUCTION OF A 3-STORY, 27,700 SF MIXED USE BUILDING TO HOUSE RETAIL/RESTAURANT, COMMERCIAL OFFICE AND RESIDENTIAL SPACE” in the Town of West Seneca, received and filed.
3. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1926, 1934 & 1954 UNION ROAD AND 1371 & 1377 INDIAN CHURCH ROAD, BEING LOT NOS. 78 & 79 AND PART OF LOT NOS. 80, 81 & 82, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2 FOR A RESTAURANT AND SEPARATE RETAIL BUILDING” in the Town of West Seneca, received and filed.
10-C COMMUNICATIONS
1. Supervisor Meegan re Termination of Edwin Klubek
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Edwin Klubek as Heavy Motor Equipment Operator in the Highway Department due to his passing on May 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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2. Supervisor Meegan re Appointments to Board of Electrician Examiners
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Ed Simoncelli and Bob McDonald to the Board of Electrician Examiners for a two year term with no monetary compensation.
Ayes: All Noes: None Motion Carried
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3. Town Attorney re Community Center & Library Project – SEQR determination
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached SEQR determination resolution regarding the West Seneca Community Center and Library Project.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-10
West Seneca, NY 14224 May 23, 2016
Page three . . .
10-C COMMUNICATIONS
4. Town Attorney re Community Center & Library Project – Bond resolution
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached bond resolution regarding the partial reconstruction of and construction of an addition to the public library building.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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5. Town Attorney re Public hearing for proposed Local Laws 9, 10, & 11
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Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing for June 20, 2016 at 7:00 P.M. to hear all persons interested in the following Local Laws No. 9, 10 and 11:
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· Local Law No. 9: Amendment to Ch. 87 Peddling, Soliciting, Transient Business, and Mobile Food Vending
· Local Law No. 10: Amendment to Ch. 92: Property Maintenance, Addition of Sidewalk Maintenance Ordinance
· Local Law No. 11: Self-Imposed Limit for Net Operating Expenditures
On the question, Senior Code Enforcement Officer John Gullo stated the sidewalk maintenance amendment will allow the town to make a repair and put the cost on the property owner’s tax bill to make it more affordable for them.
Town Attorney John Fenz commented the amendment to the solicitor ordinance will change both the time for soliciting and the fees. He further stated Local Law No. 11 is designed to limit those net operating expenditures over which the town has direct control, including payroll and normal operating expenses. Capital expenditures, health insurance and unfunded mandates are items the Town Board has no control over.
Ayes: All Noes: None Motion Carried
6. Town Attorney re Agreement with Steinmetz Planning Group
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with Steinmetz Planning Group which incorporates the terms of the attached Design Standards & Guidelines Proposal, noting the agreement will be subject to legal review and the scope of work will be completed in an amount not to exceed $22,000.
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 May 23, 2016
Page four . . .
10-C COMMUNICATIONS
7. Town Attorney re Bid date for concession services at town owned facilities
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of June 15, 2016 at 10:00 A.M. for receipt of bids on the concession services contract for town owned facilities, noting this item is being resubmitted as no bids were received on the previous request.
On the question, Supervisor Meegan suggested the possibility of using vending machines at the ice rink rather than a concession stand.
Ayes: All Noes: None Motion Carried
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8. Grantwriter re Application for grant funds for West Seneca Youth Bureau
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached resolution to authorize and direct Grantwriter Connie Miner to complete the necessary application, forms, etc. to be submitted to the Erie County Youth Bureau for the purpose of securing a grant for the West Seneca Youth Bureau.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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9. Highway Sup’t re Termination of Phillip Steffan
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Phillip Steffan as full-time Laborer in the Highway Department effective May 13, 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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10. Highway Sup’t re Appointment of Madelyn Sheehan as part-time seasonal laborer in Highway
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Madelyn Sheehan as part-time seasonal laborer in the Highway Department at a rate of $10 per hour effective May 24 - September 2, 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
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West Seneca, NY 14224 May 23, 2016
Page five . . .
10-C COMMUNICATIONS
11. Highway Sup’t re Appointment of part-time seasonal laborers in Buildings & Grounds Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint the following part-time seasonal laborers in the Buildings & Grounds Department at a rate of $9 per hour effective May 24 – September 15, 2016 contingent upon the passing of drug and alcohol testing and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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Ryan Czekaj Ryan Greeley Liam Kelly Wayne Kelm
Evan Kennedy Tyler O’Neil Tyler Perna Joseph Reville
Ayes: All Noes: None Motion Carried
12. Chief Denz re Budget transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the following budget transfer of $7,046.64 from Community Policing Programs Acct. #1.3120.0164 to the following:
Captain Acct. #1.3120.0150 $1,499.98
Detective Acct. #1.3120.0153 $2,168.42
Police Officer Acct. #1.3120.0154 $ 633.20
Police Lt. Acct. #1.3120.0161 $1,904.34
Police Det. Lt. Acct. #1.3120.0163 $ 840.70
Ayes: All Noes: None Motion Carried
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13. Senior Code Enforcement Officer re Electronic message board at 935 Harlem Road
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve an electronic message board for Holidays at 935 Harlem Road, noting the sign meets the electronic sign ordinance requirements and has received a variance from the Zoning Board of Appeals.
On the question, Senior Code Enforcement Officer John Gullo stated he was in receipt of an email from the property owner of 905 Harlem Road who had no objections to the electronic message board. All required signatures have been submitted.
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 May 23, 2016
Page six . . .
10-C COMMUNICATIONS
14. Senior Code Enforcement Officer re Restricted use permit for Motorcycle Safety School
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a modification to the restricted use permit for Motorcycle Safety School located at 1600 North America Drive to allow an earlier start time beginning at 7:15 A.M., noting the industrial park is a 24/7 operation and there have been no complaints.
On the question, Councilman Hanley questioned the need for starting the motorcycles earlier than the classes begin. An employee of the school responded they need to start the motorcycles earlier to ensure they are safe for the students.
Ayes: All Noes: None Motion Carried
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15. Sr. Code Enforcement Officer re Appointments to the Industrial & Commercial Incentive Board
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Amy Carpenter, Karl Spencer, Amy Thompson and Mike Zekas to the Industrial and Commercial Incentive Board with no monetary compensation.
On the question,
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Motion by Councilman Hart, seconded by Councilman Hanley, to amend the motion and appoint Amy Carpenter, Karl Spencer, Amy Thompson and Mike Zekas to the Industrial and Commercial Incentive Board with no monetary compensation, noting this is an advisory board.
Ayes: All Noes: None Motion Carried
16. Sr. Code Enforcement Officer re Appointments to Design Standards Advisory Committee
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Bill Bauer, Joe Frontera and Amy Kobler to the Design Standards Advisory Committee with no monetary compensation.
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On the question, Senior Code Enforcement Officer John Gullo stated the committees will run simultaneously but separately and work with Steinmetz Planning Group. An organizational meeting will be held to set the guidelines, goals and expectations.
Town Attorney John Fenz stated adoption of design standards will be incorporated into the Town Code and a public hearing is required to adopt the local law.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 May 23, 2016
Page seven . . .
10-C COMMUNICATIONS
17. Finance Department re Budget transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a budget transfer of $800 from Contingent Acct. #1.1990.0480 to Professional Agent Fees Acct. #1.1380.0451 to cover fiscal agent fees to CMA.
Ayes: All Noes: None Motion Carried
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18. Town Justices re Appointment of William Matalonis as full time Court Clerk
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint William Matalonis as full-time Court Clerk at an annual salary of $30,875.42 effective May 31, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart stated Mr. Matalonis was hired from a civil service list for this position. He is not a town resident, but is required to relocate to West Seneca within six months of his appointment in accordance with the white collar contract.
Ayes: All Noes: None Motion Carried
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19. Youth Service Coordinator re Termination of Nathaniel Osmond as Recreation Supervisor
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Nathaniel Osmond as part-time Recreation Supervisor effective May 24, 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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20. Youth Service Coordinator re Appointment of Matthew Skrzypczyk as Recreation Supervisor
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Matthew Skrzypczyk as part-time seasonal Recreation Supervisor at a rate of $13 per hour effective May 24, 2016 to be paid from Acct. #1.7180.0100 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 #2016-10
West Seneca, NY 14224 May 23, 2016
Page eight . . .
10-C COMMUNICATIONS
21. Youth Service Coordinator re Appointment of Caitlyn Demma as Recreation Attendant
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to reappoint Caitlyn Demma as part-time seasonal Recreation Attendant at a rate of $10 per hour effective May 24, 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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22. Youth Service Coordinator re Trinity Lutheran Church Field agreement
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with Trinity Lutheran School for their annual Field Day at Firemen’s Park on June 3, 2016.
Ayes: All Noes: None Motion Carried
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23. Youth Service Coordinator re St. John Vianney annual 5K run agreement
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with St. John Vianney Roman Catholic Church for their annual 5K run to be held on July 21, 2016.
Ayes: All Noes: None Motion Carried
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24. Youth Service Coordinator re West Seneca PBA Blue Mile run agreement
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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 PBA for their annual Blue Mile to be held July 20, 2016.
Ayes: All Noes: None Motion Carried
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25. Youth Service Coordinator re Western New York Flash agreement for use of soccer complex
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the necessary documents to enter into an agreement with Western New York Flash for use of the West Seneca Soccer Complex.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-10
West Seneca, NY 14224 May 23, 2016
Page nine . . .
10-C COMMUNICATIONS
26. Finance Department re Budget transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the following resolution authorizing a budget transfer for the professional services proposal for design criteria:
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WHEREAS, the Town Board has received and reviewed a proposal for professional services related to design criteria for the Design Standards Advisory Board; and
WHEREAS, the proposal from Steinmetz Planning Group dated May 3, 2016 with expenses shall not exceed $22,000; and
WHEREAS, Steinmetz Planning Group is considered the best value for these professional services due to its specialized expertise and knowledge of the Town of West Seneca obtained when preparing the Master Plan that was adopted April 25, 2016; and
WHEREAS, the Town has available funds within its contingent account #001.1990.0480.0000; now, therefore, be it
RESOLVED, that the Town Board does hereby authorize the transfer of $22,000 from the General Fund Contingency Account 001.1990.0480.0000 to the Economic Opportunity and Development Grant Account 001.6989.0451.0000 to fund expenses related to the proposal from John E. Steinmetz associated with the design criteria for the Town Center.
Ayes: All Noes: None Motion Carried
27. Senior Recreation Therapist of Senior Services re Appointment of van drivers
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Kevin Bond and William Waszkielewicz as part-time van drivers effective May 23, 2016 at a rate of $9.50 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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10-D APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the vouchers submitted for audit, chargeable to the respective funds as follows: General Fund - $432,026.96; Highway Fund - $170,015.02; Special Districts - $43,532.79; Capital Fund - $249,154.21 (vouchers 93540 - 94459); Trust Fund - $48,348.20 (vouchers 94314 – 94369)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-10
West Seneca, NY 14224 May 23, 2016
Page ten . . .
ISSUES OF THE PUBLIC
LIBRARY/COMMUNITY CENTER PROJECT
Nora Mikes stated she was extremely disappointed that bonding for the library construction was approved without additional opportunity for public input, that there will be no public input at the newly formed advisory board meetings until there is a public hearing and that Steinmetz Planning Group is based in Rochester and not West Seneca.
Scott Dobe supported the plan for the library construction and questioned when the groundbreaking will happen and what residents can do to help facilitate the project.
Supervisor Meegan anticipated the groundbreaking to be in July and stated Danforth is currently working on the boilers and insulated roofing material for the existing building under the energy performance contract.
Karl Spencer supported the library/community center construction and commented it is an investment in the future of the town and its children.
Councilman Hart commented on the features the community center will have when completed and noted the coffee shop component and office space for the Chamber of Commerce will bring in revenue to help pay down the debt.
USE OF SOCCER COMPLEX
Frank Russo questioned the WNY Flash organization and the cost of the Oddenbach Tournament to the town, noting the size of the tournament has outgrown the capacity of the soccer complex and causes problems with traffic.
Youth Service Coordinator Lauren Masset responded WNY Flash is a soccer academy that partners with the West Seneca Soccer Club and will be using the soccer complex throughout the summer at a cost of $7000. She further stated the town receives $3000 or $4000 for the Oddenbach Tournament’s use of the soccer complex.
Town Attorney John Fenz also advised new contracts and fees charged to event holders will address the cost of overtime and other costs.
RECENT HIRES
Frank Russo referred to the recent hire of a laborer in Buildings & Grounds Department and questioned if it was necessary.
Councilman Hanley responded the department head demonstrated a need to fill the position.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 May 23, 2016
Page eleven . . .
ISSUES OF THE PUBLIC
RECENT HIRES (continued)
Supervisor Meegan commented on the number of parks that were added over the years while the number of employees in that department remained the same.
Mr. Russo further referred to a recent appointment in the Sewer Department and questioned the rate of pay.
Supervisor Meegan responded there was a transfer between the Highway Department and Sewer Department. The individuals involved are long time employees and the rate is correct.
TRAFFIC SITUATION AT ST JUDE TERRACE & FRENCH LEA ROAD
George DiPiano commented on a traffic situation at the corner of St Jude Terrace and French Lea Road and suggested “no parking” signs be posted. Supervisor Meegan referred Mr. DiPiano’s concern to the Traffic Committee.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
CPR TRAINING
Senior Code Enforcement Officer John Gullo commented about 25 people attended the CPR training held the previous week at the senior center.
RECREATION PROGRAM UPDATES
Youth Service Coordinator Lauren Masset stated summer day camp is full and there is a wait list. They are still taking registration for the half day Summer Fun program and swim lessons. The pool is staffed and they are still interviewing for day camp positions. Ms. Masset further noted the Recreation Department is seeking sponsors for the Movie in the Park events.
COMPUTERS NEEDED AT SENIOR CENTER
Senior Recreation Therapist of Senior Services Mary Josefiak stated a need for computers in the lab at the senior center, noting they only have three that work and she has asked Senator Gallivan and Assemblyman Kearns for their assistance. Councilman Hart stated he also sees the need to replace/update the equipment and would like to discuss funding options with the board members. Supervisor Meegan agreed with the need to upgrade the computer room and stated they will take a look at allocating Community Development Block Grant money.
CLICK IT OR TICKET CAMPAIGN
Chief Denz reminded the public about the state wide Click It or Ticket campaign running from May 23rd to June 5th and stated extra patrols will be out to enforce the seatbelt law.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-10
West Seneca, NY 14224 May 23, 2016
Page twelve . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
MEMORIAL DAY PARADE
Supervisor Meegan announced the Memorial Day Parade will take place Monday, May 30th at 10:30 A.M. starting at Southgate Plaza and followed by a hotdog lunch at American Legion Post 735.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to executive session at 8:15 P.M. to discuss contract negotiations and two legal issues.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 10:00 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 10:00 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK