Reorganization Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Supervisor Sheila M. Meegan called the meeting to order at 2:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Highway Sup’t. Matthew English.
ROLL CALL: Present - Sheila M Meegan Supervisor
Eugene P Hart Councilman
John M Rusinski 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 Michael Nagy.
1. Motion by Supervisor Meegan, seconded by Councilman Hart, that the elected Town Officials be salaried as follows effective January 1, 2013:
Supervisor Sheila M. Meegan $63,096.00
Councilmen Eugene P. Hart $22,420.00
John M. Rusinski $22,420.00
Town Clerk Jacqueline A. Felser $53,923.00
Highway Supt. Matthew D. English $78,950.00
Town Justices Dale J. McCabe $39,416.00
Jeffrey M. Harrington $39,416.00
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
2. Motion by Supervisor Meegan, seconded by Councilman Hart, that John J. Fenz and Shannon E. Filbert be appointed Town Prosecutors at an annual salary of $7,500 each effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Rusinski stated he first learned of this appointment in a recent Buffalo News article. He requested this item be tabled since he just met Mr. Fenz this date and had not seen his resume or had the opportunity to meet personally with him.
Councilman Hart stated he suggested this appointment and is confident in Mr. Fenz’s ability as a prosecutor. He believes Mr. Fenz’s name was presented earlier and there was ample opportunity to meet with him.
Ayes: (2) Supervisor Meegan, Councilman Hart Noes: None
Abstentions: (1) Councilman Rusinski Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page two . . .
3. Motion by Supervisor Meegan, seconded by Councilman Hart, that Freed Maxick P.C. be hired as the provider of Accounting and Financial Consulting Services to the town at a cost not to exceed $8,000 per month.
On the question, Councilman Hart stated they are revisiting the contract with Freed Maxick and will be considering other options at a later date in a planned and organized manner so the department is not disrupted. He believes certain services are being provided at a very high cost and they could be provided in a more efficient and less expensive manner.
Ayes: All Noes: None Motion Carried
4. Motion by Supervisor Meegan, seconded by Councilman Hart, that Clark, Patterson and Lee be hired as the provider of engineering services to the town at a cost not to exceed $120,000 per year.
Ayes: All Noes: None Motion Carried
5. Motion by Supervisor Meegan, seconded by Councilman Rusinski, to authorize the Supervisor to sign the Assessor’s renewal agreement with the Town of Elma effective January 1, 2013 through December 31, 2013, noting the amount of this agreement is $41,255.05.
Ayes: All Noes: None Motion Carried
6. Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to sign the grant consulting agreement with Connie D. Miner in the amount of $24,000 a year in equal monthly installments of $2,000 effective January 1, 2013 through December 31, 2013.
Ayes: All Noes: None Motion Carried
7. Motion by Supervisor Meegan, seconded by Councilman Hart, that Jacqueline A. Felser be granted an extension of her existing leave of absence as Senior Clerk Stenographer through and including January 4, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
8. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that Jacqueline A. Felser be appointed Registrar of Vital Statistics at an annual salary of $4,062 effective January 1, 2013, all fees to go to the Town General Fund, 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 REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page three . . .
9. Motion by Supervisor Meegan, seconded by Councilman Hart, on the recommendation of Town Clerk Jacqueline Felser, that Mary O’Connell be appointed Deputy Registrar of Vital Statistics at an annual salary of $1,661 effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
10. Motion by Supervisor Meegan, seconded by Councilman Rusinski, on the recommendation of Town Clerk Jacqueline Felser, that Mary O’Connell be appointed First Deputy Clerk effective January 1, 2013 with an annual stipend of $2,500 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
11. Motion by Supervisor Meegan, seconded by Councilman Hart, on the recommendation of Highway Superintendent Matthew English, that Alan Kerner be appointed Deputy Highway Superintendent effective January 1, 2013 at an annual salary of $6,000 and that he act in the capacity of the Highway Superintendent in the event of his absence for any reason, e.g. vacation, illness, etc. and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart questioned if Mr. Kerner had plans to retire this year and Highway Sup’t. Matthew English responded he did not.
Ayes: All Noes: None Motion Carried
12. Motion by Supervisor Meegan, seconded by Councilman Hart, that Emily Josefiak be appointed as Secretary to the Supervisor at an annual salary of $38,804 as established by the 2013 budget and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
13. Motion by Supervisor Meegan, seconded by Councilman Hart, that Mary Jean Fitzgerald be appointed as Clerk to the Town Justices at an annual salary of $38,804 effective January 1, 2013 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 REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page four . . .
14. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that Linda Stefaniak be appointed as Clerk to the Town Justices at an annual salary of $44,491 effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart explained the difference in the clerk salaries is due to experience and time employed by the town.
Ayes: All Noes: None Motion Carried
15. Motion by Supervisor Meegan, seconded by Councilman Hart, that Dennis M. Osinski, Dick Powers, and Robert Borucki be appointed to the Board of Plumbing Examiners effective January 1, 2013 at an annual stipend of $500 each.
Ayes: All Noes: None Motion Carried
16. Motion by Supervisor Meegan, seconded by Councilman Hart, that the annual salaries of the Zoning Board of Appeals and Planning Board be set at $5,583 for the Chairman of each Board and $3,786 each for the other members of each Board effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that members of each board will be paid one-twelfth of the annual salary for each meeting attended and the secretary should report any missed meetings to the Finance Office the following day.
On the question, Councilman Rusinski suggested that absences approved by the Chairman should still get paid since board members do work the entire month.
Councilman Hart agreed and stated that only unexcused absences will not be paid.
Supervisor Meegan further stated that an excused absence should be at the discretion of the Chairman and three (3) missed meetings could be reason for removal from the board.
The motion was amended as follows:
Motion by Supervisor Meegan, seconded by Councilman Hart, that the annual salaries of the Zoning Board of Appeals and Planning Board be set at $5,583 for the Chairman of each Board and $3,786 each for the other members of each Board effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that members of each board will be paid one-twelfth of the annual salary with absences paid at the discretion of the Chairman; however, three (3) missed meetings could be reason for removal from the board.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page five . . .
17. Motion by Supervisor Meegan, seconded by Councilman Hart, that Michael Harmon be appointed to the Zoning Board of Appeals effective January 1, 2013 for a five (5) year term ending December 31, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
18. Motion by Supervisor Meegan, seconded by Councilman Hart, that Donald Mendola be appointed to the Planning Board effective January 1, 2013 for a seven (7) year term ending December 31, 2019 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart expressed some concern with appointments for seven year terms.
Town Attorney Shawn Martin responded that the term length is dictated by state law based on the number of board members. West Seneca has seven Planning Board members and one member is appointed each year for a seven year term.
Councilman Hart questioned the possibility of reducing the number of members to five and Mr. Martin stated he will research this question.
Ayes: All Noes: None Motion Carried
19. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that Jacqueline A. Felser be appointed as Secretary to the Planning Board and Zoning Board of Appeals at an annual salary of $6,800 effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
20. Motion by Supervisor Meegan, seconded by Councilman Hart, that Randy Maracle, Michael Shea, and Robin Heiss of West Seneca, New York be appointed Civil Officers of the Town of West Seneca effective January 1, 2013 for the purpose of service of process, etc. without remuneration from the town.
On the question, Councilman Hart questioned if these individuals are paid per event. Judge McCabe advised that these individuals are not paid by the town, but they do charge a fee to whomever they are performing the service for.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page six . . .
21. Motion by Supervisor Meegan, seconded by Councilman Hart, that George Molnar be appointed to the Board of Assessment Review for a five year term expiring September 30, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
22. Motion by Supervisor Meegan, seconded by Councilman Hart, that the members of the Board of Assessment Review be subject to the call of the Assessor at an annual stipend of $500 each effective January 1, 2013.
Ayes: All Noes: None Motion Carried
23. Motion by Supervisor Meegan, seconded by Councilman Hart, that the following officials and employees not represented by the Collective Bargaining Agent recognized by the Town of West Seneca are hereby appointed to the following positions with salaries effective 1/1/2013:
Edward Gehen Jr. Chief of Police $115,988.00
Daniel Denz Assistant Chief of Police $100,707.00
John Gullo Code Enforcement Officer $ 79,568.00
Shawn Martin Town Attorney $ 65,500.00
Dina Weixlmann Secretary to Highway Superintendent $ 39,025.00
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart suggested the motion read continued instead of appointed, noting that Town Attorney Shawn Martin was appointed last year for a two year term. He questioned if this would extend the appointment.
Supervisor Meegan responded that all the above listed employees are appointed and this motion simply acknowledges their salaries.
Ayes: All Noes: None Motion Carried
24. Motion by Supervisor Meegan, seconded by Councilman Hart, that Mary Josefiak be appointed as Senior Recreation Therapist at the Senior Citizens Center at an annual salary of $59,631 effective February 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart noted that the Senior Recreation Therapist title is not included in Group 8 of the White Collar contract.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page seven . . .
24. (continued)
Supervisor Meegan responded that Mrs. Josefiak is currently in the union, but this motion will appoint her as a department head outside the union. Future discussions are planned with labor counsel and the union regarding this issue.
Councilman Hart suggested this motion be tabled stating he does not believe this will be resolved by February 1st. He further questioned whether or not the position has to be created.
Supervisor Meegan responded the position has already been created and this appointment is a lateral move from Mrs. Josefiak’s previous position with the state.
Councilman Rusinski understood there was a meeting with labor counsel and the union on January 14th and stated there was a possibility this will be resolved at that time.
Supervisor Meegan responded once this issue is resolved it can go right back on the agenda.
Motion by Councilman Hart, seconded by Supervisor Meegan, to table this item.
Ayes: All Noes: None Motion Carried
25. Motion by Supervisor Meegan, seconded by Councilman Hart, to create the position of part-time Recreation Director and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
26. Motion by Supervisor Meegan, seconded by Councilman Hart, that John Gullo be granted an extension of his existing leave of absence as Fire Inspector through and including January 4, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
27. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that Dennis Kittner be appointed to a one (1) year term as Bingo Inspector for the Town of West Seneca at an annual salary of $4,000 with said term commencing January 1, 2013 and expiring on December 31, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question,
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page eight . . .
27. (continued)
Motion by Councilman Hart to strike the name of Dennis Kittner and appoint George Clifford to a one year term as Bingo Inspector for the Town of West Seneca.
Motion failed due to lack of a second.
On the original motion,
Ayes: All Noes: None Motion Carried
28. Motion by Supervisor Meegan, seconded by Councilman Hart, that Town Attorney Shawn P. Martin be appointed Americans with Disabilities Officer and Harassment Compliance Officer for the Town of West Seneca without remuneration.
Ayes: All Noes: None Motion Carried
29. Motion by Supervisor Meegan, seconded by Councilman Hart, that James Pace be appointed Town Historian at an annual salary of $2,500 effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
30. Motion by Supervisor Meegan, seconded by Councilman Hart, that John Gullo be appointed Natural Disaster Services Coordinator part-time at an annual salary of $5,000 effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
31. Motion by Supervisor Meegan, seconded by Councilman Hart, that Eric Conley and Daniel McCartan be appointed Assistant Disaster Coordinator at a stipend of $50 per incident effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, Councilman Hart questioned how often these two individuals are called.
Code Enforcement Officer John Gullo responded that the assistants will go to a meeting if he is unable to attend and they also help with paperwork at times.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page nine . . .
32. Motion by Supervisor Meegan, seconded by Councilman Hart, that Ronald Pfeil be appointed as Stormwater Management Officer for the Town of West Seneca at an annual salary of $4,000 per year effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
33. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that Matthew English be granted an extension of his existing leave of absence as Motor Equipment Operator in the Highway Department through and including January 4, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
34. Motion by Supervisor Meegan, seconded by Councilman Hart, that town funds be deposited in the West Seneca offices of the following banks effective January 1, 2013:
M & T Trust Co. Capital Checking
Evans National Bank Operating, Payroll, Unemployment Escrow, Trust & Agency
J.P. Morgan Chase Operating, Capital
On the question, Councilman Hart requested an update on the request for proposals for banking services.
Finance Director Laura Landers responded that she will be meeting with the current banks to determine the impact on the town since unlimited FDIC insurance was eliminated as of December 31, 2012. Currently, any account over $250,000 will have to be collateralized, the cost of which is going to be expensive. In the interim, the banks will have to provide collateral since the town currently has third party custodial agreements in place.
Ayes: All Noes: None Motion Carried
35. Motion by Supervisor Meegan, seconded by Councilman Hart, that the Town Board does hereby authorize all funds of the Construction and Improvement Account to be maintained by a consolidated bank account, but that the town continue to maintain a separate Improvement Account at all times as recommended by the state auditors.
On the question, Councilman Hart questioned if this was the capital fund.
Finance Director Laura Landers responded that this is the capital fund. The funds are maintained in JP Morgan Chase and transferred to M & T Bank as vendors are paid.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page ten . . .
36. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that the Town Board of the Town of West Seneca, pursuant to §25 of Town Law and §11 (2) of the Public Officers Law, hereby approves the execution of a Public Employee’s Blanket Bond issued by Fidelity Deposit Company, covering all officers and employees including the Supervisor, Town Clerk, Superintendent of Highways, and two (2) Town Justices for the sum of $200,000 per occurrence, and be it further resolved that the undertaking shall be effective January 1, 2013, noting that a $2,500 deductible will apply to the bond.
Ayes: All Noes: None Motion Carried
37. Motion by Supervisor Meegan, seconded by Councilman Hart, that the West Seneca Bee be designated as the official newspaper and the Buffalo News or local Pennysaver be used at the discretion of the board.
Ayes: All Noes: None Motion Carried
38. Motion by Supervisor Meegan, seconded by Councilman Hart, that the following titles of town department heads, elected or appointed officials, and certain other full-time employees not covered by contract provisions between the town and the Blue and White Collar CSEA or the West Seneca PBA be granted extended benefits including Blue Shield or equivalent plan costs, as well as all other health and welfare fund related benefits in accordance with the CSEA White Collar contract or equivalent, with the exception of the Chief of Police and Assistant Chief of Police who are granted benefits pursuant to the contract with the West Seneca PBA. These will include the following: Supervisor, (2) Council Members; Town Clerk, Highway Superintendent; (2) Town Justices; Town Attorney; Secretary to Supervisor; (2) Clerks to Town Justices; Secretary to Highway Superintendent; Code Enforcement Officer; and Senior Recreation Therapist.
On the question, Councilman Hart stated he did not believe the Supervisor and council members should be included in this resolution and in the future he plans to propose that fringe benefits and salaries will be subject to review periodically by a committee of citizens. Councilman Hart thought it was a conflict of interest to receive benefits that he as a board member negotiated and noted he has declined in writing any benefits he was entitled to.
The motion was amended as follows:
Motion by Supervisor Meegan, seconded by Councilman Hart, that the following titles of town department heads, elected or appointed officials, and certain other full-time employees not covered by contract provisions between the town and the Blue and White Collar CSEA or the West Seneca PBA be granted extended benefits including Blue Shield or equivalent plan costs, as well as all other health and welfare fund related benefits in accordance with the CSEA White Collar contract or equivalent, with the exception of the Chief of Police and Assistant Chief of Police who are granted benefits pursuant to the contract with the West Seneca PBA. These will include the following: Town Clerk, Highway Superintendent; (2) Town Justices; Town Attorney; Secretary to Supervisor; (2) Clerks to Town Justices; Secretary to Highway Superintendent; Code Enforcement Officer; and Senior Recreation Therapist.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page eleven . . .
39. Motion by Supervisor Meegan, seconded by Councilman Hart, that the Town of West Seneca shall pay 100 percent of non-traditional or an equivalent plan for appointed or elected retired employees who have retired under the New York State Retirement System after January 1, 1992. Said payments shall not be made to employees, but directly to the insurance carriers.
Ayes: All Noes: None Motion Carried
40. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that pursuant to §119 (1) of Town Law, the Town Clerk be authorized to draw warrants to pay any claims for fixed salaries, for principal and interest on bonded or refunded debt or other loans, on the legal or stated compensation of officers or employees of the town, or accounts becoming due upon lawful contracts for periods not exceeding one (1) year.
On the question, Councilman Hart explained that each month the board approves invoices and vouchers for payment to vendors. Under law, the Town Clerk directs the Finance Office to make payments and this is done through a warrant.
Ayes: All Noes: None Motion Carried
41. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that all vouchers for claims upon the town shall be acceptable for audit provided they are certified to be true, correct, and initialed by the department head, board or commission.
On the question, Councilman Hart stated he would like department heads to sign vouchers instead of initialing them.
The motion was amended as follows:
Motion by Councilman Hart, seconded by Councilman Rusinski, that all vouchers for claims upon the town shall be acceptable for audit provided they are certified to be true, correct, and signed by the department head, board or commission.
Ayes: All Noes: None Motion Carried
42. Motion by Supervisor Meegan, seconded by Councilman Hart, that the mileage rate allowed to public officials and town employees be tied to Internal Revenue regulations.
Ayes: All Noes: None Motion Carried
43. Motion by Supervisor Meegan, seconded by Councilman Hart, that the town continue its Procurement Policy as outlined in Chapter 30 of the West Seneca Town Code.
On the question, Councilman Hart stated they will be working on updating the Procurement Policy this year with input from department heads.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page twelve . . .
44. Motion by Supervisor Meegan, seconded by Councilman Hart, that petty cash funds be created as follows:
Acct. & Financial Consulting Services $ 250.00
Town Clerk $ 250.00
Receiver of Taxes $ 500.00
Highway Superintendent $ 250.00
Police Confidential Investigation $ 2,500.00
Police Department $ 250.00
Recreation $ 250.00
Justice Court $ 250.00
On the question, Councilman Hart questioned if the petty cash allotment for the Justice Court is a change fund.
Judge McCabe stated the court’s policy is not to give change and the funds will be used for small purchases.
Ayes: All Noes: None Motion Carried
45. Motion by Supervisor Meegan, seconded by Councilman Hart, that Town Hall offices be open 9:00 A.M. to 5:00 P.M. five (5) days per week.
Ayes: All Noes: None Motion Carried
46. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that the accounting firm of Drescher & Malecki, LLP be employed to prepare the annual audit and also any other services that may be called for by order of the Town Board.
On the question, Councilman Rusinski commented that Wayne Drescher did a terrific job with the 2013 budget.
Councilman Hart stated he appreciates Drescher & Malecki’s display of professionalism along with the assistance and availability they provide anytime there is a question.
Supervisor Meegan stated she appreciates all the help Mr. Drescher has provided with the AmeriCorps debt and commented they are getting very creative on getting the money back.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page thirteen . . .
47. Motion by Supervisor Meegan that Matthew English be appointed Dog Control Officer at an annual stipend of $7,000 effective January 1, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Motion failed due to lack of a second.
Motion by Supervisor Meegan, seconded by Councilman Hart, to table this item for further discussion.
Ayes: All Noes: None Motion Carried
48. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that the Supervisor be authorized to sign checks for the West Seneca Library pursuant to §259 of the Education Law.
Ayes: All Noes: None Motion Carried
49. Motion by Supervisor Meegan, seconded by Councilman Hart, that the Supervisor and/or the provider of Accounting and Financial Consulting Services to the town be authorized to temporarily invest town monies not needed for immediate expenditure; and further, the Town Board adopts and authorizes the Supervisor and/or the provider of Accounting and Financial Consulting Services to the town to comply with the Investment Policy and Guidelines as originally adopted by the Town Board on 12/18/89 and amended on 12/17/12.
On the question, Councilman Hart stated any investments by the consulting services are subject to approval by the Supervisor who is the Chief Financial Officer of the town.
Ayes: All Noes: None Motion Carried
50. Motion by Supervisor Meegan, seconded by Councilman Hart, that the following list of banks be added to the town Investment Policy for use at the discretion of the Supervisor and/or the provider of Accounting and Financial Consulting Services:
Key Bank of W.N.Y., N.A. Bank of America Citizens Bank
M & T Bank J.P. Morgan Chase First Niagara Bank
Evans National Bank
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page fourteen . . .
51. Motion by Supervisor Meegan, seconded by Councilman Hart, that to the extent possible regular meetings of the Town Board where not otherwise specified be held at 7:00 PM in the West Seneca Town Hall Court Room as follows:
January 14, 2013*
January 22, 2013 – 2:00 PM to approve warrant
February 4, 2013*
February 27, 2013 – 2:00 PM to approve warrant
March 4, 2013*
March 18, 2013
April 1, 2013*
April 15, 2013
April 29, 2013*
May 13, 2013
June 10, 2013*
June 24, 2013
July 8, 2013*
July 22, 2013
August 5, 2013*
August 19, 2013
*A work session will take place at 3:00 PM of the day of every other scheduled Town Board Meeting starting on January 14, 2013.
Remaining 2013 meetings will be scheduled and announced to the public at a later date. Any emergency meeting shall be held at the call of the Supervisor. Special meetings shall be held at the call of the Town Clerk of the Town of West Seneca upon written request of at least two (2) members of the Town Board. Notice, in writing, stating the time, place and purpose of the special meeting shall be served personally upon each member of the Town Board at least forty eight (48) hours before the date fixed for holding the meeting. Only business specified in the notice thereof may be transacted at a special meeting. In accordance with the Open Meetings Law, the public and news media shall be given reasonable notice of any special meeting and all further executive sessions shall be public except for specific purposes allowed by law.
On the question, Councilman Hart requested the March 4th meeting be moved to the following Monday.
Supervisor Meegan responded she will look into moving that meeting.
Councilman Hart questioned if advertising is required for special meetings and work sessions.
Town Attorney Shawn Martin responded that legal notices are not required, but posting on the bulletin board and website is necessary.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page fifteen . . .
51. (continued)
Councilman Hart questioned the possibility of changing state law concerning publication requirements to read “a publication with general circulation in the town.” This will allow the Pennysaver to be used which is delivered to every house in town.
Mr. Martin stated he had made an initial request and was told to check back after the New Year with the new State Senator Patrick Gallivan.
Ayes: All Noes: None Motion Carried
52. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that no town vehicles be used for personal use, and all town vehicles including the equipment in the Highway Department, be identified by decals with the exception of the Police Department vehicles used for detective work and the Police Chief’s car and direct the Supervisor to ensure that decals are placed on all cars except those mentioned. Town vehicles for take home use shall be provided to the Chief of Police and Highway Superintendent. Town vehicles shall not leave the town limits except for use on official town business.
Ayes: All Noes: None Motion Carried
53. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that in the interest of energy conservation the operation of a log be continued for each town owned truck and vehicle as relating to mileage, destination, and task accomplished. Said log to be reviewed by the department head and forwarded monthly to the committee chairman responsible for that office. Further, that no town owned vehicle, except Police Department vehicles, be left running at any location for any reason; and further, all town vehicles of various department heads, except Police and Highway, should be left at the Town Hall for general use while individuals are on vacation or any extended time off.
On the question, Councilman Hart questioned if the gas pumps record the vehicle and if it is sufficient.
Highway Supt. Matthew English responded that the pumps do record the vehicle and he thought the electronic log was sufficient.
Ayes: All Noes: None Motion Carried
54. Motion by Supervisor Meegan, seconded by Councilman Hart, that the Town Board sets the following rules relative to the use of Highway personnel and equipment for emergencies:
1. The West Seneca Highway Department is authorized to provide for emergency assistance to the local school systems, fire districts and other municipalities if personnel or equipment are requested;
2. An emergency must exist and have been declared in the Erie County municipality requesting assistance;
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page sixteen . . .
54. (continued)
3. The Highway Superintendent will promptly notify the Supervisor of such action. A written summary will be immediately given to the Town Clerk and Town Attorney outlining the details of the emergency service;
4. Town equipment will be operated by West Seneca employees in the majority of work situations. However, slow moving vehicles (roller), stationary equipment (air compressor or pumps), and light tools may be loaned to another Highway Department to be used and operated by their employees and fees will be assigned to the municipality that receives long term aid; and
5. The West Seneca Highway Superintendent is authorized to request aid from other towns in Erie County. Non West Seneca personnel and equipment will work under the supervision of the West Seneca Highway Superintendent.
On the question, Councilman Hart referred to the grant process for reimbursement of costs during an emergency and questioned how the town keeps track of costs.
Chief Gehen responded that the Disaster Coordinator keeps track of personnel, staffing, gasoline, equipment used, etc. and submits this information to the federal government.
Ayes: All Noes: None Motion Carried
55. Motion by Supervisor Meegan, seconded by Councilman Rusinski, that Town Attorney Shawn P. Martin be designated as Step 3 Grievance Officer effective January 1, 2013 without remuneration.
On the question, Councilman Hart expressed concern about Mr. Martin’s workload and his ability to remain completely neutral when hearing a grievance.
Mr. Martin responded that as Grievance Officer he makes recommendations to the Town Board and they have the ultimate decision on resolving a grievance.
Ayes: (2) Supervisor Meegan, Councilman Rusinski
Noes: (1) Councilman Hart Motion Carried
56. Motion by the Supervisor Meegan, seconded by Councilman Rusinski, that Town Attorney Shawn P. Martin be appointed Fair Housing Officer & Affirmative Action Officer for the town effective January 1, 2013 at an annual stipend of $1200 and further direct Mr. Martin to submit a yearly report documenting matters handled.
On the question, Councilman Hart questioned what this title involved.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page seventeen . . .
56. (continued)
Town Attorney Shawn Martin advised that the Town of West Seneca is one of two municipalities in Erie County that has a local law governing this. The town receives a number of complaints from tenants that believe they are being discriminated against. These complaints are investigated and an attempt is made to resolve them if possible. If they are not resolved, a complaint can be filed against the landlord for violation of the code. Mr. Martin stated that he receives two to three calls/complaints per month and about one-third result in a formal investigation involving a meeting with the landlord and tenant.
Supervisor Meegan stated that years ago a part-time individual handled these issues but the job was eliminated by Erie County. She will be requesting reimbursement from Erie County for Mr. Martin’s salary and noted that the stipend may be low for the number of hours worked, but they will review his activity log after six months and make an adjustment if deemed necessary.
Ayes: All Noes: None Motion Carried
57. Supervisor Meegan announced the following personal appointments and committees for the year 2013 noting that she will also be a member of each committee.
Deputy Supervisor Matthew D. English
COMMITTEES and/or LIAISONS
Utility Advisory Chair John M. Rusinski
Members Shawn P. Martin
Robert Niederpruem, Jr.
Engineering & Special Districts Chair Sheila M. Meegan
Police & Public Safety Chair John M. Rusinski
Senior Citizen Chair Sheila M. Meegan
Recreation & Youth Chair John M. Rusinski
Library Advisory Chair Eugene P. Hart
Highway Chair Eugene P. Hart
Insurance Chair Sheila M. Meegan
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road REORGANIZATION MEETING
West Seneca, NY 14224 January 3, 2013
Page eighteen . . .
57. (continued)
Capital Projects Chair Sheila M. Meegan
Members Eugene P. Hart
John M. Rusinski
Matthew D. English
Richard B. Henry III
Shawn P. Martin
Town Attorney Liaison John M. Rusinski
Justice Courts Sheila M. Meegan
Town Clerk’s Office Sheila M. Meegan
Assessor’s Office Eugene P. Hart
Building & Plumbing Dept. Eugene P. Hart
Revenue Development Chair Sheila M. Meegan
Safety & Accident Review Chair John M. Rusinski
Environmental Conservation Committee Chair Sheila M. Meegan
Band Shell Committee Chair Eugene P. Hart
Solid Waste Committee Chair Eugene P. Hart
Employee Assistance Program Chair John M. Rusinski
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, that the Town Board Proceedings be adjourned at 3:00 P.M.
Ayes: All Noes: None Motion Carried
______________________________
JACQUELINE A. FELSER, TOWN CLERK