Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Supervisor Wallace C. Piotrowski called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.
ROLL CALL: Present - Wallace C. Piotrowski Supervisor
Sheila M. Meegan Councilwoman
Dale F. Clarke Councilman
Absent - None
Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
The meeting was dedicated to former Town of West Seneca Police Officer William Zarnikau.
2-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the January 10, 2011 Reorganization Meeting.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-01 of January 10, 2011.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the January 20, 2011 special meeting.
Ayes: All Noes: None Motion Carried
2-B TABLED ITEMS
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1. Rezoning request – 940 Reserve Road
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Councilwoman Meegan, seconded by Councilman Clarke, to receive and file this request.
Ayes: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page two . . .
Motion by Councilman Clarke, seconded by Councilwoman Meegan, to recess to Executive Session at 7:05 P.M. to discuss personnel issues.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 7:20 P.M.
2-C COMMUNICATIONS
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1. Supervisor Piotrowski re Appointment of R. Pinnavaia as Fire Inspector PT & J. Schieber as Code Enforcement Officer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the end of the meeting.
Ayes: All Noes: None Motion Carried
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2. Councilman Clarke re Title change for Michael Meegan to Working Crew Chief
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Motion by Councilman Clarke to appoint Michael Meegan as Working Crew Chief in the Buildings & Grounds Department effective February 8, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Motion failed due to lack of a second.
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3. Town Engineer re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6045.19 to K & S Contractors Supply, Inc. for hydrant & valve assembly on Allendale Road in Water District #3.
Ayes: All Noes: None Motion Carried
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4. Highway Supt. re Bid date for asphalt roller
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of February 28, 2011 at 10:15 AM for receipt of bids on the purchase of a new and unused self-propelled tandem drum asphalt roller with 47” wide drums, dual drive, and dual drum vibrating system.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page three . . .
2-C COMMUNICATIONS
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5. Highway Supt. re Bid date for field rake
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of February 28, 2011 at 10:00 AM for receipt of bids on the purchase of a field rake for the Buildings & Grounds Department.
Ayes: All Noes: None Motion Carried
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6. Highway Supt. re Purchase of recycling bins
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of 1000 recycling bins from Orbis Corporation at their low quote of $5760.
Ayes: All Noes: None Motion Carried
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7. Highway Supt. re Title change for William Schwartz to General Crew Chief
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate William Schwartz as Highway Working Crew Chief and appoint William Schwartz as Sanitation General Crew Chief, Group 7, Step 5, at a rate of $27.76 per hour effective January 14, 2011 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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8. Highway Supt. re Title change for Edwin Lehsten to Working Crew Chief
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Edwin Lehsten as Highway HMEO and appoint Edwin Lehsten as Highway Working Crew Chief, Group 6, Step 5, at a rate of $26.96 per hour effective January 14, 2011 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 #2011-02
West Seneca, NY 14224 February 7, 2011
Page four . . .
2-C COMMUNICATIONS
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9. Highway Supt. re Title change for Gregory Zimmerman to Working Crew Chief
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Gregory Zimmerman as Highway MEO and appoint Gregory Zimmerman as Highway Working Crew Chief, Group 6, Step 5, at a rate of $26.96 per hour effective January 14, 2011 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 Supt. re Title change for Mark Kerner to Motor Equipment Operator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Mark Kerner as Sewer Maintenance Worker and appoint Mark Kerner as Highway Motor Equipment Operator, Group 2, Step 5, at a rate of $24.83 per hour effective January 15, 2011 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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11. Highway Supt. re Title change for Dennis Weber to Motor Equipment Operator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Dennis Weber as Highway Laborer and appoint Dennis Weber as Highway Motor Equipment Operator, Group 2, Step 4, at a rate of $24.51 per hour effective January 31, 2011 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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12. Highway Supt. re Title change for John Pangallo to Motor Equipment Operator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate John Pangallo as Highway Laborer and appoint John Pangallo as Highway Motor Equipment Operator, Group 2, Step 4, at a rate of $24.51 per hour effective January 31, 2011 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 #2011-02
West Seneca, NY 14224 February 7, 2011
Page five . . .
2-C COMMUNICATIONS
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13. Highway Supt. re Title change for Mark Hearn to Heavy Motor Equipment Operator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Mark Hearn as Highway MEO and appoint Mark Hearn as Highway Heavy Motor Equipment Operator, Group 5, Step 5, at a rate of $25.72 per hour effective January 31, 2011 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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14. Highway Supt. re Title change for James Nicholas to Sewer Maintenance Worker
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate James Nicholas as a Mechanic in the Highway Department and appoint James Nicholas as Sewer Maintenance Worker, Group 2, Step 2, at a rate of $23.88 per hour effective January 31, 2011 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. Chief Gehen re Bid date for purchase of police vehicles
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of February 21, 2011 at 10:00 AM for the purchase of five (5) new marked police vehicles and one (1) unmarked police vehicle, noting that six (6) older vehicles will be traded in as part of the bid.
Ayes: All Noes: None Motion Carried
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16. Chief Gehen re Attendance of Officer Michael Rybak at School Resource Officer training
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Officer Michael Rybak to attend the School Resource Officer training course at Monroe Community College Training Center in Rochester, New York, February 21 – 25, 2011 at a total cost not to exceed $660.50.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page six . . .
2-C COMMUNICATIONS
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17. Chief Gehen re Attendance of Lt. McNamara & Officer Deppeler at training conference
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Lt. John McNamara and Officer Robert Deppeler to attend the 6th annual NYS Association of Hostage Negotiators & Training Conference at Baruch College in Manhattan, New York, March 15 & 16, 2011 at a total cost not to exceed $1990.
Ayes: All Noes: None Motion Carried
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18. Chief Gehen re Budget Amendment Request
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to increase revenue Acct. #1.1.3490.333 Forensic Drying Cabinet - $4025.77; increase revenue Acct. #1.1.3490.333 Ductless Fume hood - $1704.23; increase expense Acct. #1.3120.0419.333 Forensic Drying Cabinet - $4025.77; increase expense Acct. #1.3120.0419.333 Ductless Fume Hood - $1704.23.
Ayes: All Noes: None Motion Carried
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19. Chief Gehen re Purchases requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $5113.80 to AmChar Wholesale for ammunition and $2220 to Daryll’s Car Audio for car repairs.
Ayes: All Noes: None Motion Carried
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20. Chief Gehen re Retirement of Detective Mark McMahon
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Detective Mark McMahon and terminate him effective February 19, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective McMahon served the Town of West Seneca for more than 27 years.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page seven . . .
2-C COMMUNICATIONS
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21. Chief Gehen re Leave of absence for Colleen Schappert
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a leave of absence under the 1993 Family Medical Leave Act for clerk typist Colleen Schappert, January 3 – 11, 2011 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. Chief Gehen re Status change for part-time clerk Tim Maciejewski to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerk typist Tim Maciejewski to part-time seasonal effective February 17 – March 17, 2011 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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23. Town Clerk re Appointment of Linda Boldt as part-time clerk
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Linda Boldt as temporary part-time clerk effective January 14 – March 18, 2011 at a rate of $12 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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24. Town Clerk re Status change for part-time clerk Laurine Fischione to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerk Laurine Fischione to part-time seasonal effective January 18 – March 15, 2011 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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25. Comptroller re Establishment of petty cash fund for collection of taxes
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to establish a petty cash fund of $500 for the Town Clerk for collection of taxes.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page eight . . .
2-C COMMUNICATIONS
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26. Director of Senior Services re Status change for part-time clerk typist Sarah Flattery to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerk typist Sarah Flattery to part-time seasonal effective January 11 – February 11, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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27. Director of Senior Services re Status change for part-time van driver John McCartan to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time van driver John McCartan to part-time seasonal effective February 1 – June 30, 2011 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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28. Director of Senior Services re Part-time employees wage scale
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the following wage scale for permanent part-time employees of the Recreation, Youth & Senior Services Department effective February 7, 2011:
$7.25 per hour starting rate
$8.00 per hour after completion of 3000 hours
$8.50 per hour after completion of 7000 hours
$9.00 per hour after completion of 11000 hours
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that any employee currently receiving more than the above rate will remain at their current rate.
Ayes: All Noes: None Motion Carried
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2-D REPORTS
· Patricia C DePasquale, Town Clerk’s report for Dec. 2010 & year end 2010 received and filed.
· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of 02/02/2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period 01/06 – 02/02/2011 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page nine . . .
ISSUES OF THE PUBLIC
STATUS OF SENECA MALL TAX ASSESSMENT
Amy Carpenter, Woodward Crescent, questioned the status of the tax assessment for the former Seneca Mall site.
Town Attorney Shawn Martin advised that this matter was still pending in court and the town must report back this week or next week to the alternative dispute resolution clerk that is handling the matter.
AMERICORPS LAWSUIT
Karen Lucachick, Greenmeadow Drive, asked for clarification if there was a lawsuit against AmeriCorps, if there was one or two lawsuits, and if they included everything.
Town Attorney Shawn Martin advised that there was one lawsuit against AmeriCorps. He did not draft the lawsuit but had reviewed it and it included breach of the separation agreement that was negotiated with the town.
Mrs. Lucachick stated that $8000 per month for five years amounted to $480,000 and AmeriCorps actually owed the town $1.5 million. The town was supposed to receive money back from the grants and she questioned if the Comptroller’s office had gotten anything returned from grants.
Comptroller Robert Bielecki responded that no grant money had been received.
Mr. Martin stated there is a provision in the agreement that AmeriCorps is to cooperate with the town and assist in receiving grants and that money should come directly to the town.
Mrs. Lucachick questioned if the lawsuit was underway.
Mr. Martin advised that the lawsuit was filed within the last two weeks and served on AmeriCorps and the appropriate people.
Mrs. Lucachick questioned the status of the outstanding AmeriCorps debt.
Mr. Bielecki responded that the town received an $8000 payment this date for February, but nothing on the $75,000 debt.
Johanna Guenther, Neubauer Court, referred to an article written by Mrs. Lucachick about AmeriCorps that was passed around the Senior Citizens Center and stated that she agreed with Mrs. Lucachick’s comments. Mrs. Guenther also commented on the current economic situation and suggested that the Town Board work to tighten their belt on spending.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page ten . . .
ISSUES OF THE PUBLIC
YES PROGRAM TRANSPORTATION DISCONTINUED
Nina Stratton, Cathedral Court, stated that she has been involved in the YES program for five years and she and other members of YES were concerned because they recently found out that transportation for the program has been taken away.
Supervisor Piotrowski responded that on the recommendation of the town’s insurance carriers, the transportation that the town was providing the town employees was discontinued due to the lack of training of the employees. The school district is still available for that transportation as well as the parents of the students.
Darlene Stratton, Cathedral Court, stated that she works two jobs to make ends meet and her husband works 3 PM to 11 PM, so it is very difficult to get their children to and from activities. Mrs. Stratton commented on the good things the YES program did for the kids and asked the Town Board to reconsider their decision to eliminate the transportation.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
EXECUTIVE SESSION
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to recess to Executive Session at 7:50 P.M. to discuss personnel matters and union contract issues.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 9:45 P.M.
APPOINTMENT OF R PINNAVAIA AS PT FIRE INSPECTOR AND J SCHIEBER AS CODE ENFORCEMENT OFFICER
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Robert Pinnavaia as part-time Fire Inspector at a rate of $21 per hour effective January 25, 2011, and further, create the position of Code Enforcement Officer and appoint Jeffrey Schieber as Code Enforcement Officer at an annual salary of $50,000 effective February 8, 2011 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 #2011-02
West Seneca, NY 14224 February 7, 2011
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
TITLE CHANGE FOR MICHAEL MEEGAN TO WORKING CREW CHIEF
Motion by Councilman Clarke to appoint Michael Meegan as Working Crew Chief in the Buildings & Grounds Department effective February 8, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Motion failed due to lack of a second.
Councilman Clarke stated that Supervisor Piotrowski told himself and Councilwoman Meegan that he originally supported Mr. Meegan for this position but would not second this motion unless they voted to appoint Joe Lorigo as Town Prosecutor. Councilman Clarke stated that this holds an individual’s appointment/promotion at hostage, but he will not play politics and trade that for a job for the son of a party boss or for any political gain.
SPECIAL TOWN BOARD MEETING
Supervisor Piotrowski advised that there will be a special Town Board meeting on Thursday, February 10, 2011 at 2:00 P.M. to continue union negotiations.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:50 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK