board meeting
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-22
West Seneca, NY 14224 November 21, 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 Town Attorney John Fenz.
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 Mary Murphy, Mary Bunn & Patrick Ryan.
22-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the November 7, 2016 work session.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2016-21 of November 7, 2016.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the adoption of the 2017 Ad Valorem Budget of November 14, 2016.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the November 17, 2016 bid opening for the Sewer District 6 Sewer Main Repair Project.
Ayes: All Noes: None Motion Carried
22-B COMMUNICATIONS
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1. Councilman Hanley re Appointment of Daniel DJ Dyson as full-time Sewer Department Laborer
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of Daniel DJ Dyson from temporary to full-time laborer in the Sewer Department effective November 21, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-22
West Seneca, NY 14224 November 21, 2016
Page two . . .
22-B COMMUNICATIONS
1. (continued)
On the question, Councilman Hanley explained Mr. Dyson was appointed temporary approximately two years ago to fill a vacancy in the Sewer Department. He has had good attendance and a good work ethic, so he is now being changed to permanent full-time.
Ayes: All Noes: None Motion Carried
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2. Town Engineer re Deduct change orders for Phase 2 and 3 Sanitary Sewer Rehabilitation project
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to sign all necessary paperwork on the Phase 2 & 3 Sanitary Sewer Rehabilitation Project for deduct change order number four in the amount of $204,586.75 for reimbursement on a wage rate issue and deduct change order number five in the amount of $37,800.25 to reconcile quantities bid versus quantities installed.
Ayes: All Noes: None Motion Carried
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3. Town Engineer re Deduct change orders for Buildings and Grounds roofing project
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to sign all necessary paperwork on the Buildings & Grounds Roofing Project for deduct change order number one in the amount of $10,000 for unused allowance money.
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On the question, Town Attorney John Fenz stated engineering contracts build in contingencies for amounts that may be unforeseen. Close monitoring of projects by the engineers prevents unnecessary use of these contingent amounts, which creates a deduct change order.
Ayes: All Noes: None Motion Carried
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4. Chief Denz re Budget transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the transfer of funds as listed and re-appropriate them as follows:
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· $6,000 from 1.3120.0139 Police Warrant Clerk to 1.3120.0153 Detective
· $30,000 from 1.3120.0416 Police Gasoline to 1.3120.0208 Purchase of Police Vehicles
· $7,074.05 from 1.3120.0164 Community Policing Program Salary and distribute as follows:
$1,460.84 to 1.3120.0150 Captain; $2,373.07 to 1.3120.0153 Detective; $885.49 to 1.3120.0154 Police Officer; $1,843.37 to 1.3120.0161 Police Lieutenant; $511.28 to 1.3120.0163 Detective Lieutenant
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-22
West Seneca, NY 14224 November 21, 2016
Page three . . .
22-B COMMUNICATIONS
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5. Sr. Code Enforcement Officer re Rezoning application – 2730 Transit Road
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to refer to the Planning Board the rezoning application for 2730 Transit Road from M-1 to C-2.
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On the question, Senior Code Enforcement Officer John Gullo stated the applicant will take down the existing buildings and maintain a tree conservation area as part of the project.
Ayes: All Noes: None Motion Carried
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6. Senior Recreation Therapist of Sr. Services re Status change for Janet Kropczynski
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerk typist Janet Kropczynski to part-time seasonal effective December 1, 2016 to January 31, 2017 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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7. Town Engineer re Bid award for Sewer District 6 Sewer Main Repair Project
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Motion by Supervisor Meegan, seconded by Councilman Hanley to table this item.
Ayes: All Noes: None Motion Carried
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8. Finance Department re Budget transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the following resolution creating accounts for zoning contractual expenses and planning contractual expenses and transferring funds into said accounts:
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WHEREAS, per the Department of State, Division of Local Government services, Planning Board and Zoning Board of Appeals members are required by state statute to obtain four hours of training a year; and
WHEREAS, the town provided this training to all members of the Planning Board and Zoning Board this year to allow them the opportunity to cover the Comprehensive Plan, new design statute and the tree ordinance; now, therefore, be it
RESOLVED, the Town Board does hereby authorize creation of account 1.8010.0414 “Zoning Contractual Expenses” and 1.8020.0414 “Planning Contractual Expenses”; and be it further
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-22
West Seneca, NY 14224 November 21, 2016
Page four . . .
22-B COMMUNICATIONS
8. (continued)
RESOLVED, the Town Board does hereby authorize transfer of $945.50 from General Fund Contingency account to Zoning Contractual Expense account 1.8010.0414; and be it further
RESOLVED, the Town Board does hereby authorize transfer of $945.50 from General Fund Contingency account to Planning Contractual Expense account 1.8020.0414.
Ayes: All Noes: None Motion Carried
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9. Supervisor Meegan re Erie County Intermunicipal Snow Removal and Ice Control Agreement
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the attached intermunicipal agreement with Erie County for snow removal and ice control.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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10. Town Engineer re Appointment of Angela Johnson as winter intern
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Angela Johnson as winter intern in the Engineering Department for 35 hours per week at a rate of $11.50 per hour effective December 16, 2016 – January 11, 2017, noting funding is available for this position in Acct. #1.1440.0149, 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-C REPORTS
§ Jacqueline A Felser, Town Clerk’s report for October 2016 received and filed.
22-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 - $348,842.69; Highway Fund - $133,301.13; Special Districts - $11,695.61; Capital Fund - $619,865.48 (vouchers 96465-97160) Trust Fund - $270,802.65 (vouchers 97059-97079)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-22
West Seneca, NY 14224 November 21, 2016
Page five . . .
ISSUES OF THE PUBLIC
ROSEWOOD DRIVE PROJECT
Barb Lipiew questioned when trees will be planted for the Rosewood Drive reconstruction project. Supervisor Meegan advised trees will be planted in the spring and a questionnaire will be mailed to homeowners to select the type. If any homeowners decline, the trees are planted elsewhere.
BILLBOARD MORATORIUM
Susan Kims questioned the status of a moratorium on billboards. Town Attorney John Fenz stated he researched the issue and will address this with the Town Board. A local law is required and he will have additional information by the next Town Board meeting.
INSTANT TICKETING SYSTEM
Susan Kims questioned the instant ticketing system for code violations used by the City of Lackawanna. Senior Code Enforcement Officer John Gullo stated it was determined the system is cost prohibitive.
SENIOR RECREATION THERAPIST OF SENIOR SERVICES TITLE
Susan Kims referred to a meeting from 2012 where it was stated that Senior Recreation Therapist of Senior Services Mary Josefiak should not be in the white collar union. Supervisor Meegan responded the previous person that held the position was in the white collar union and Mrs. Josefiak is also part of that union. The title has been in the white collar contract for many years.
UNION CONTRACTS
Susan Kims questioned if union contracts can be put on the town’s website in their entirety, including MOU’s and appendices. Supervisor Meegan responded they are currently negotiating the blue and white collar contracts and they could put them online after they are settled. Town Attorney John Fenz stated the New York State Public Employee Relations Board provides contract information that can be viewed online.
BUDGET QUESTIONS
Susan Kims questioned the landfill disposal fee of $600,000 on Page A-16 of the 2017 tentative budget. Town Attorney John Fenz explained there are two components of recycling programs - collection and processing. The collection of recyclables is contracted with Modern and the processing fee is captured under the “landfill disposal fee.”
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-22
West Seneca, NY 14224 November 21, 2016
Page six . . .
ISSUES OF THE PUBLIC
BUDGET QUESTIONS (continued)
Susan Kims referred to page 6 of the Ad Valorem budget noting the 2017 budget line for band concerts is zero where it was $5000 in 2016. She questioned who received that money in 2016. Councilman Hart responded it would have been used to pay for the Town Band to play, but he did not believe the money was expended this year since there has been no Town Band. Going forward, there will be no charge to the town for the band to play per the agreement with the Recreation Department.
Sharon Riddle questioned why the public did not have the opportunity to speak prior to adopting the budget at the November 14th meeting and why the elected officials’ salaries were not listed at the meeting.
Town Attorney John Fenz explained the board could not reopen the public hearing during that meeting without first posting a 10-day notice in the paper. This delay would have caused the town to miss the required filing date for adopting the budget.
Councilman Hart responded the elected officials’ salaries are part of the public document.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SMALL BUSINESS SATURDAY
Supervisor Meegan read a proclamation designating Saturday, November 26, 2016 as “Small Business Saturday.”
RECREATION UPDATES
Youth Service Coordinator Lauren Masset announced there will be a day after Thanksgiving open skate at the ice rink from 12 P.M. to 1:50 P.M. Breakfast with Santa will be held Sunday, December 11th, 9 A.M. until 11 A.M. at the senior center. Tickets are on sale and can be purchased in the recreation office during regular business hours.
SENIOR CENTER UPDATES
Senior Recreation Therapist of Senior Services Mary Josefiak announced a Thanksgiving lunch will be served at the senior center tomorrow.
PARKING BAN
Chief Denz reminded residents the parking ban is in effect from 1 A.M. to 7 A.M. Warnings were given out the first week and police will now be actively enforcing the ban. Chief Denz also reminded all to be vigilant about locking their cars as thefts rise during the holiday season.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-22
West Seneca, NY 14224 November 21, 2016
Page seven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
BURCHFIELD NATURE AND ART CENTER (BNAC) REPORT
Councilman Hanley recognized the BNAC volunteers for their hard work and commented on their numerous accomplishments as outlined in their annual report.
Motion by Councilman Hart, seconded by Councilman Hanley, to accept the attached BNAC report and make it part of the record.
Ayes: All Noes: None Motion Carried
*APPENDICES*
DEPAUL EBENEZER SQUARE APARTMENTS
Councilman Hart stated he and Supervisor Meegan attended the dedication of the DePaul Ebenezer Square Apartments, a $30 million dollar project that will provide 100 apartments to income eligible individuals. He recognized Assemblyman Michael Kearns for bringing the project to West Seneca and stated it has already had a positive effect on the neighborhood.
RALLY FOR WNY PSYCHIATRIC CENTER
Supervisor Meegan announced the Governor’s office is putting out a request for proposals to build two floors at the Buffalo Psychiatric Center with the intent of moving the children currently at the WNY Psychiatric Center on East & West Road to the other facility. There will be a rally tomorrow at 2 P.M. at the WNY Psychiatric Center and Senator Gallivan, Assemblyman Kearns and Town Board members will be in attendance to oppose this plan and protect the interests of the children.
EXECUTIVE SESSION
Motion by Councilman Hart, seconded by Councilman Hanley, to recess to executive session at 7:45 P.M. to discuss three contract matters, three real property matters and one litigation matter.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 9:00 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:00 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK