Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 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.
16-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-15 of September 26, 2011.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the October 14, 2011 bid opening for the 2011 Sanitary & Storm Sewer Repair Project.
Ayes: All Noes: None Motion Carried
16-B LEGAL NOTICES
1. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER ADOPTION OF THE FOLLOWING LOCAL LAWS: 2011-2 MODIFICATION TO THE SEWER ORDINANCE; 2011-3 MODIFICATION TO THE ZONING ORDINANCE; 2011-4 MODIFICATION TO THE FIRE CODE; 2011-5 MODIFICATION TO BUILDING CODE ADMINISTRATION AND ENFORCEMENT; 2011-6 ZONING PARKING MODIFICATIONS; 2011-7 MODIFICATION TO THE SIGN ORDINANCE; 2011-8 MODIFICATION TO THE PLUMBING ORDINANCE; 2011-9 PROPERTY MAINTENANCE; 2011-10 SMOKE DETECTORS; 2011-11 SNOW PLOW ORDINANCE” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page two . . .
16-B LEGAL NOTICES
1. (continued)
Town Engineer Richard Henry stated the changes to the Sewer Use Ordinance were outlined in his recent sewer presentation. One of the items they had to comply with is a consent order from the NYSDEC. Part of the consent order was a requirement to update the Sewer Use Ordinance with a clause that will allow the town to access property to allow for inspection of both storm and sanitary connections to ensure that sump pumps, gutters, and any kind of drains that normally should go to the storm sewer actually go to the storm sewer instead of the sanitary sewer.
Code Enforcement Officer John Gullo stated that many of the proposed code changes were simply cleaning up language in the Town Code. Items added are as follows: permit requirements for a change of occupancy in a commercial zoning to ensure that fire codes are established; updates to fee changes; regulations on stacking of firewood; a requirement for adult senior complexes to have a generator in case of a power outage; a requirement for hard wiring smoke detectors in commercial and industrial buildings; and a snow plowing ordinance. Proposed amendments to the Zoning Ordinance are as follows: to allow for one camper, trailer or boat per household to be parked (not in the front or side yard setback) May 15 – September 15; emergency generators and air conditioning units are considered accessory structures and are not allowed in the side yard setback; temporary portable storage containers require a building permit and cannot remain on the property more than 30 days; flag lots will be restricted to a single family home; wind turbines/windmills shall be located in a commercial or manufacturing zoning district; change of copy on specialty signs cannot be less than 30 seconds; allow ground signs not more than 20 square feet, no more than five feet high and no closer than 15 feet from the front lot line; a two parking space requirement per unit for multifamily dwellings; a fence is considered 18” or more in height; driveways will be considered an accessory structure and shall be at least three feet off the property line.
Amy Carpenter, Woodward Crescent, referred to the placement of windmills on manufacturing property and noted that the Seneca Mall property is zoned for manufacturing. She suggested that something be done with the zoning prior to adopting the proposed local laws.
Mr. Gullo responded that they had to restrict the windmills because some residents wanted to put 40’ high windmills in their subdivisions. They belong in a commercial or manufacturing zoning and could go on the Seneca Mall property with the proper fall zone.
Mrs. Carpenter agreed the windmills should not be in a residential area, but was concerned that nothing has been done to address changing any of the zoning districts. It has been mapped out in the Comprehensive Plan for years and no one has looked at it.
Mr. Gullo stated that code changes were started in 2010 and after much deliberation they came up with the proposed changes.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page three . . .
16-B LEGAL NOTICES
1. (continued)
Mrs. Carpenter questioned if the Planning Board and Zoning Board members had any input on the proposed changes. She hoped that all of the members would have participated since each brought some form of expertise.
Town Attorney Shawn Martin stated that Planning Board Chairman Robert Niederpruem was initially on the code revision committee.
Karen Lucachick, Greenmeadow Drive, asked for clarification on the “setback” as it is used in the ordinances and understood that trailers, campers and boats were not allowed to be stored on residential property.
Mr. Gullo responded that a setback is the distance from the lot line, either front or side, inward toward the property. Depending on the zoning district, if a house or addition is being constructed it requires a 30’ setback or 40’ setback. Trailers, campers and boats are not allowed under the current ordinance, but it was difficult to enforce so they were now telling people they could store them as long as they stay outside the front and side setbacks.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table adoption of the proposed local laws so the language can be finalized by the Code Enforcement Officer and Town Engineer.
Ayes: All Noes: None Motion Carried
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 TRANSIT ROAD, BEING PART OF LOT NO. 343, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR MOTOR VEHICLE SALES” in the Town of West Seneca, received and filed. (Richard Wieland)
16-C TABLED ITEMS
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1. Electronic message board at 250 Lein Road
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Remained on the table.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page four . . .
16-C TABLED ITEMS
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2. Contract renewal with Connie D Miner & Co. Grant Consultants
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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 Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to sign a contract renewal for Connie D Miner & Co. Grant Consultants to retain professional services for a period of one year commencing October 1, 2011 and ending September 30, 2012.
Ayes: All Noes: None Motion Carried
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16-D COMMUNICATIONS
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1. Town Engineer re Purchase requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $9195.90 to DLT Solutions Inc. for software subscription and support renewal for three years.
Ayes: All Noes: None Motion Carried
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2. Highway Supt. re Disposal of equipment
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Highway Supt. Matthew English to dispose of the following pieces of equipment that are no longer in service and to remove them from our insurance where applicable:
Year/Make VIN #
1987 Zamboni HDB3704
1996 Ford van 1FTEE14Y2THB65566
2000 handicapped van & ramp 1FBSS31L21HA83533
1977 Sicard snowblower attach 504370014D141274
1972 Layton drag box paver H-4970; Model H500B
Air Flow stone box spreader AFSS10; SN: 13 87
1988 Chausse tar box SN: 12188; Model: TPS-170
Kifco water canon SN: 350336B30; Model: B104P
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page five . . .
16-D COMMUNICATIONS
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3. Highway Supt. re Retirement of Leo Kogler in Highway Department
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Leo Kogler and terminate him effective October 1, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Kogler is retiring with 17 years of service in the Highway Department.
Ayes: All Noes: None Motion Carried
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4. Highway Supt. re Title change for Matthew Stacey to Highway Laborer
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Matthew Stacey as Sanitation Motor Equipment Operator and appoint him as Highway Laborer, Group 1, Step 1, at a rate of $23.21 per hour effective October 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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5. Chief Gehen re Status change for part-time Public Safety Dispatcher James McCullough to seasonal
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher James McCullough to part-time seasonal effective October 1 – 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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6. Town Clerk re Parks Grant Resolution
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution authorizing Connie D Miner & Co. Grant Consultants to complete the necessary application, forms and attachments and authorize the Supervisor to sign the application for a parks grant in an amount not to exceed $75,000 for rehabilitation of Veteran’s Memorial Park.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page six . . .
16-D COMMUNICATIONS
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7. Director of Recreation, Youth & Senior Services re Status change for part-time employees
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of the following from part-time to part-time seasonal:
Marirose Bless – effective Oct. 3 – Nov. 30, 2011
Carol Kennedy – effective Oct. 17 – Dec. 16, 2011
and further, reinstate Mitchell Mancuso as permanent part-time in the winter recreation program 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 Appointment of Eric Doering as part-time laborer in Bldgs. & Grounds Department
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Eric Doering as part-time laborer in the Buildings & Grounds Department effective October 18, 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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9. Town Engineer re Bid award for 2011 Sanitary & Storm Sewer Repair Project
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for the 2011 Sanitary & Storm Sewer Repair Project to United Survey, Inc., 25145 Broadway Avenue, Cleveland, OH 44146 at their bid price $409,087.00.
Ayes: All Noes: None Motion Carried
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16-E REPORTS
- Patricia C DePasquale, Town Clerk’s report for September 2011 received and filed.
- Comptroller Robert J Bielecki, Revenue/expense comparison control report posted as of October 12, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period September 22 – October 12, 2011 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page seven . . .
ISSUES OF THE PUBLIC
GPS UNITS
Paula Minklei, Orchard Park Road, requested clarification on actions recently taken by the Town Board and questioned how the board members could conclude the best action to take in the interest of the community when they have not shared their thinking by deliberating the pros and cons of each action prior to voting. In September 2008 with a unanimous agreement, the board members passed a motion authorizing issuance of up to $50,000 serial bonds to finance the cost of the purchase of radio system upgrades and gps units for use by the Highway and Sanitation Departments. She was unaware of any discussion preceding the decision. A $50,000 grant application was made for the same purpose and again she did not find evidence of any discussion leading to the grant application. The grant was awarded in July 2009 but the contract was apparently never processed; however, the bond money has been available for some time and is costing the taxpayers. In the meantime, there has been confusion regarding whether to buy gps units. On June 1, 2011 WGRZ reported that Supervisor Piotrowski did not push the project because he did not have the support of the Town Board, but he agreed to put it on the June 6th agenda. Highway Supt. Matthew English was reported to have said he would be fine with it if that’s what the board members wanted. Councilwoman Meegan was reported to have said she had no idea the money was available, but she would approve it if Supervisor Piotrowski or Mr. English brought it up. Councilman Clarke was also reported to have said he would vote for it. At the June 6th Town Board meeting a motion was passed unanimously directing Town Attorney Shawn Martin to draft a request for proposals to be approved at the June 20th meeting. In August, after three more Town Board meetings had taken place, nothing had come of the unanimous direction. Town resident Amy Carpenter again questioned the status of the gps systems and Councilwoman Meegan replied that Mr. Martin had submitted the proposal notice to Supervisor Piotrowski. Mrs. Minklei questioned why none of the board members put the item on the agenda as planned. Councilwoman Meegan then suggested re-appropriating the grant money for a security system for Burchfield Park and Mrs. Minklei questioned why there was a change of direction. The bond resolution and grant application spoke only of gps units and radio upgrades and the grant application stated the benefits of gps units and that use of the equipment significantly improves the way municipal Highway Departments operate. Mrs. Minklei thought there were good and viable reasons to use gps units. At the September 12th Town Board meeting, Amy Carpenter again brought up the issue asking why the Town Board voted for gps units in 2008 and had still not made the purchase even though they were paying interest on the bonds, but no answer was given. She questioned how much interest has been charged on the gps bonds to date.
Comptroller Robert Bielecki responded that the interest was approximately $1800.
Mrs. Minklei stated that at the September 26th Town Board meeting a motion was passed by Councilwoman Meegan and Councilman Clarke to request proposals for installation of security cameras at several parks and the Highway Department. Councilwoman Meegan stated at that
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page eight . . .
ISSUES OF THE PUBLIC
GPS UNITS (continued)
time that the grantwriter had been advised to let the gps grant money go. Mrs. Minklei questioned who told the grantwriter to let the money go and under what authority. At that meeting Councilwoman Meegan also stated that NYS had approved changing the intent from gps units to security cameras and Mrs. Minklei questioned who requested NYS to do this and under what authority. She further questioned how NYS approved the change without a description of the new project. Mrs. Minklei thought there was a lack of open deliberation and procrastination on this issue that lead her to believe that politics was involved.
Councilwoman Meegan stated that former Highway Sup’t. Patrick Finnegan pursued the gps grant in 2007, but the Town did not receive funding. It was then bonded in 2008 and from that point forward Supervisor Piotrowski had the ability to follow through with the purchase. The money has been sitting there and this year Supervisor Piotrowski contacted Channel 2 News about the gps units, but Councilwoman Meegan was informed by grant writer Connie Miner that Supervisor Piotrowski advised her to let the grant money go.
Supervisor Piotrowski denied making this statement to Mrs. Miner.
Councilwoman Meegan stated that Mrs. Miner asked for help since she did not want to leave $50,000 on the table. The annual maintenance fee for gps units is $20,000 and since Mr. English had conveniently coordinated the town in quadrants and was able to contact his employees via two-way radios or cells phones and identify their location, Councilwoman Meegan suggested using the grant for purchase of security cameras instead due to the number of issues they had at several town parks. Following Town Board approval a letter was prepared and sent to re-appropriate the funding to purchase security cameras and they were now awaiting approval from Albany.
Mrs. Minklei stated she is not for or against the gps units. Her concern is that the Town Board does not deliberate these matters and until now she was unaware of the annual maintenance fee for the units. Mrs. Minklei stated she is paranoid of what goes on in town government because matters before the Town Board are never discussed at open meetings and she felt the board members do everything behind the scenes.
Councilman Clarke stated that the board members thoroughly investigate issues and have discussions with department heads, noting that he also had two discussions with a Verizon representative on this issue.
Mrs. Minklei thanked Councilwoman Meegan for clarifying some issues but still would like to hear the answers before an action is taken. She further did not understand the value of security cameras around the periphery of buildings when you can’t see into the park.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page nine . . .
ISSUES OF THE PUBLIC
GPS UNITS (continued)
Councilwoman Meegan responded that it is the buildings themselves that the security cameras will protect and she cited the art work and government offices contained within the Burchfield facility.
Mrs. Minklei agreed that security cameras would be beneficial for protection of the building itself and the exterior but stated the matter was never discussed prior to the motion.
Karen Lucachick, Greenmeadow Drive, stated the basic message is the Town Board does not follow the Open Meetings Law and she recited its declaration, “It is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy. The people must be able to remain informed if they are to retain control over those who are their public servants. It is the only climate under which the common will prosper and enable the governmental process to operate for the benefit of those who created it.” Mrs. Lucachick stated that matters should be discussed openly and the change in plans from the gps units to security cameras was never discussed. She recalled another occasion when a question was directed to the Town Board with no answer. The next day the answer to the question was in the newspaper and she felt entitled to the answer as much as the reporter.
TOWN CODE REGARDING TRAILERS AND SNOWMOBILES
Karen Lucachick, Greenmeadow Drive, questioned Code Enforcement Officer John Gullo on the regulations covering trailers and snowmobiles in the winter.
Mr. Gullo responded that both have to be stored in an enclosed building.
Mrs. Lucachick referred to an address on Union Road near Michael Road where the owner has a vehicle up on blocks, two or three snowmobiles on trailers, and numerous vehicles out front, noting that this situation was previously reported with no action taken. She asked that Mr. Gullo investigate this.
STATUS OF AMERICORPS PAYMENTS
Karen Lucachick, Greenmeadow Drive, questioned the status of AmeriCorps payments.
Comptroller Robert Bielecki stated the October payment was received on October 5th and AmeriCorps is current with the town.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page ten . . .
ISSUES OF THE PUBLIC
LACK OF SIDEWALKS
Karen Lucachick, Greenmeadow Drive, stated the Town of West Seneca was established in 1851 and began as a rural community with dirt roads utilized by transportation not used today, but it has since grown to a population of 45,000 and the dirt roads have changed to asphalt. While the town has changed from a rural community to suburban, some things have not stepped up to that change which is evident with the tragic death of a young man last week on Seneca Street, possibly due to the lack of sidewalks. Mrs. Lucachick commented on the lack of sidewalks on Seneca Street and Orchard Park Road, noting that Orchard Park Road has a church, two schools, an adult residence, playground, several businesses, and is a busy north/south route similar to Abbott and Union Roads. Several years ago the NYSDOT was going to change Orchard Park Road to a five lane highway with sidewalks, but citizens voiced their objection to a five lane highway and suggested three lanes with the center lane a left hand turn lane instead. Mrs. Lucachick spoke with the NYSDOT about a year ago and was informed Orchard Park Road is on their agenda for the next 15 to 17 years, but that is far too long. She commented on the dangerous situation making a left turn on Orchard Park Road, especially near the condos opposite Dover Drive. Mrs. Lucachick further commented on the previous Town Board’s actions in purchasing property for playgrounds with little thought given to safe accessibility. She thought their main interest was AmeriCorps which did not serve the community as it should have and the money advanced to them should have instead been spent on community improvements. Mrs. Lucachick referred to the NYS Attorney General’s investigation of AmeriCorps for misuse of town credit cards and resources, with 194 exceptions to the 200 transactions that were analyzed, and a statement from the local District Attorney that he would prosecute the case when provided with credible evidence admissible in a court of law that an individual committed those crimes. Mrs. Lucachick stated she would like to see action taken against AmeriCorps and Mark Lazzara. She further thought the town should contact the NYSDOT to begin action on Orchard Park and read the Master Plan and put it into action. Mrs. Lucachick stated that the Town Board has a responsibility to show leadership and she is part of the 99 percent dissatisfied with the status quo.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
EXECUTIVE SESSION
Motion by Supervisor Piotrowski, seconded by Councilman Meegan, to recess to Executive Session at 7:45 p.m. to discuss a legal matter with Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
The board returned from Executive Session at 8:00 P.M.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-16
West Seneca, NY 14224 October 17, 2011
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
POLICE DEPARTMENT WEBSITE
Chief Gehen invited the public to check out the redesigned website for the Police Department, www.wspolice.com, which contains important information for residents. He also advised residents to lock car doors and garden sheds on property due to the number of entries into unlocked cars recently with items being removed. Chief Gehen also promoted nixle.com which provides instant messaging from the Police Department to the public.
TOWN EMPLOYEES CONGRATULATED FOR SAVING MONEY
Councilman Clarke referred to articles in the Bee and the Buffalo News relative to an individual savings taxes in town. During negotiations the White Collar, Blue Collar and Police Department all negotiated in good faith, giving back 25 percent of pay with less sick time and vacation and new employees contributing to their health insurance. Councilman Clarke congratulated these groups for saving the taxpayers’ money.
WALKWAY OF FREEDOM BRICKS
Councilwoman Meegan noted that 236 new bricks will be installed at the Walkway of Freedom and the opportunity to purchase bricks has been reopened for purchases until Thanksgiving. A PDF form can be downloaded from the town’s website for purchase of a brick.
TOWN BOARD MEETING SCHEDULE
Supervisor Piotrowski announced that the October 31, 2012 Town Board meeting has been cancelled. The next scheduled meetings are November 14th and November 28th.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:10 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK