Town Board Minutes

 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-12
West Seneca, NY 14224                                                          May 29, 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 to the Flag led by Highway Supt. Matthew English.
 
ROLL CALL:          Present    -    Sheila M. Meegan    Supervisor
                                                John M. Rusinski     Councilman
                                                Eugene P. Hart        Councilman
 
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 William Crehan and Dorothy Linhardt.
 
12-A    MINUTES TO BE APPROVED
 
·                 Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the May 13, 2013 work session.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
·                 Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes #2013-11 of May 13, 2013.
 
     Ayes: All                                   Noes: None                               Motion Carried
 
·                 Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the May 22, 2013 bid opening for the Ice Rink Floor Replacement Project.
 
     Ayes: All                                   Noes: None                               Motion Carried
 
12-B LEGAL ITEMS
 
1.   Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM AUTHORIZING THE CONSTRUCTION OF AN ADDITION TO THE TOWN POLICE HEADQUARTERS AND TO CONSTRUCT CERTAIN RENOVATIONS TO THE EXISTING PORTION OF THE POLICE HEADQUARTERS, LOCATED AT THE TOWN HALL, 1250 UNION ROAD, WEST SENECA, NEW YORK AT A COST OF $2,000,000” in the Town of West Seneca, received and filed.
 
2.   Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM AUTHORIZING THE CONSTRUCTION OF A RESTROOM AND STORAGE BUILDING AT BURCHFIELD PARK AND THE UNDERTAKING OF REHABILITATION AND MOLD ABATEMENT AT METZ HOUSE AND GENERAL IMPROVEMENTS AS NEEDED IN ANY OR ALL OF THE TOWN RECREATIONAL FACILITIES AT A COST OF $300,000” in the Town of West Seneca, received and filed.
WEST SENECA TOWN OFFICES                                                   TOWN BOARD PROCEEDINGS
1250 Union Road                                                                            Minutes #2013-12
West Seneca, NY 14224                                                               May 29, 2013
                                                                                                            Page two . . .
 
12-B LEGAL ITEMS
 
3. Proofs of publication and posting of legal notice: OF THE ADOPTED RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM AUTHORIZING THE CONSTRUCTION OF CERTAIN HIGHWAY IMPROVEMENTS INCLUDING BUT NOT LIMITED TO THE RECONSTRUCTION OF GREENBRANCH ROAD, LARKWOOD ROAD, CARDINAL LANE, WOODMAR TERRACE AS WELL AS ADDITIONAL REPAIRS AND IMPROVEMENTS AS NECESSARY TO HIGHWAYS THROUGHOUT THE TOWN AT A COST OF $2,400,000” in the Town of West Seneca, received and filed.
 
12-C COMMUNICATIONS
 
 
   1.    Supervisor Meegan re Appointment as Marriage Officer
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Supervisor Sheila M. Meegan as Marriage Officer with the authority to solemnize marriages occurring within the Town of West Seneca as authorized in Domestic Relations Law Section 11-C.
 
Ayes: All                Noes: None            Motion Carried
  
2.   Supervisor Meegan re Support for Legislation Amendment to Real Property Tax Law (RPTL) Section 102 (i)
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution in support of legislation amendment to Real Property Tax Law (RPTL) Section 102 (i) to include and memorialize fiber optic cable as part of outside plant for tax assessment purposes consistent with the intent of a 1986 amendment to Section 102.
 
Ayes: All                Noes: None            Motion Carried
                                                          *APPENDICES*
 
 3. Town Engineer re Bid award for Ice Rink Flooring Contract
 
 
 
Motion by Supervisor Meegan, seconded by Councilman
Hart, to award the bid for the Ice Rink Flooring Contract to Ice Builders Supply, Inc., 4628 Crossroads Park Dr., Liverpool, NY 13088 at their low bid amount of $135,680 noting that funding for this project will be paid from the general fund and reimbursed through State grant funding.
 
On the question, Councilman Rusinski stated this project was rebid while waiting for grant funding to be processed through the state.
 
Town Engineer Steven Tanner stated that based on discussions with Supervisor Meegan and Grantwriter Connie Miner the grant was approved and money will be reimbursed after it is spent.
 
Ayes: All                                   Noes: None                               Motion Carried
WEST SENECA TOWN OFFICES                                                   TOWN BOARD PROCEEDINGS
1250 Union Road                                                                            Minutes #2013-12
West Seneca, NY 14224                                                               May 29, 2013
                                                                                                            Page three . . .
 
12-C   COMMUNICATIONS
 
 4. Town Engineer re Appointment of Eric Labrie as summer intern in the Engineering Department
 
 
 
Motion by Supervisor Meegan, seconded by Councilman
Hart, to appoint Eric Labrie as summer intern in the Engineering Department effective June 3 - August 31, 2013 at a rate of $12/HR and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
On the question, Councilman Hart questioned Eric Labrie’s qualifications.
 
Town Engineer Steven Tanner responded Mr. Labrie was in the military from 2002 - 2008, is currently finishing his second year at ECC and will be receiving his associate’s degree in civil engineering with hopes of pursing a bachelor’s degree. Applicants were interviewed and Mr. Labrie was the best candidate for the job.
 
          Ayes: All                                   Noes: None                               Motion Carried
  
   5.    Chief Denz re Retirement of Officer Daniel L. Szymanski
 
 
 
 
Motion by Supervisor Meegan, seconded by Councilman
Hart, to accept the retirement of Daniel L. Szymanski and terminate him as Police Officer effective May 31, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Officer Szymanski served the town for 36 years.
 
On the question, Councilman Rusinski thanked Officer Szymanski for his service on behalf of entire Town Board.
 
          Ayes: All                                   Noes: None                               Motion Carried
  
   6.    Town Clerk re E-Z Pass on-the-Go Retail Sales Program
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Town Clerk’s Office to sell E-Z Passes in accordance with the E-Z Pass On-the-Go Retail Sales Agreement.
 
On the question, Councilman Rusinski commented on how busy the Town Clerk’s office is and complimented Town Clerk Jacqueline Felser and her staff for providing the community with another service.
 
Councilman Hart questioned if the town receives a commission on E-Z pass sales and Mrs. Felser responded that the profit is $4 per E-Z pass sold.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-12
West Seneca, NY 14224                                                          May 29, 2013
                                                                                      Page four . . .
 
12-C COMMUNICATIONS
  
   7.    Director of Recreation re Summer program appointment & status changes in the Recreation Dept.
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Matt Wach as part-time seasonal attendant in the Recreation Department at a rate of $7.75/HR; and further change the status of Dan Lewis, Ben Blandin and Kayleigh Baker to part-time seasonal effective June 1 – August 30, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
On the question, Councilman Hart questioned the process for seeking applicants. 
 
Director of Recreation Craig Kroll responded that Recreation Department openings are advertised on the website and after receipt of over 40 applications and completion of 21 interviews, 13 -14 new hires will be recommended in addition to returning employees. Drug screening & background checks are included in the pre-employment packet given to new hires.
 
Ayes: All                                   Noes: None                               Motion Carried
  
   8.    Supervisor Meegan re Resolution in support of Jackie’s Law
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution in support of Jackie’s Law as proposed by NYS Senator Timothy M. Kennedy making it a Class E felony to use a GPS device to track a person’s movement without their consent.



           
On the question, Councilman Hart questioned if an individual can be charged for use of a GPS tracking device in a vehicle independent from the victim.
 
Chief Denz responded that the totality of the circumstances would dictate whether or not charges could be filed. He noted that legislation is quite often slower than technology and current laws do not include specific language regarding GPS tracking.
 
          Supervisor Meegan commented that changes in this law will permit law enforcement to respond and allow cell phone users to be notified when GPS tracking has been activated on their phone.
 
 
 
Ayes: All                                   Noes: None                               Motion Carried
                                                                                                *APPENDICES*
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-12
West Seneca, NY 14224                                                          May 29, 2013
                                                                                      Page five . . .
 
 
12-D APPROVAL OF WARRANT
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
 
General Fund - $235,407.05; Highway Fund - $78,668.43; Special Districts - $25,757.41; (voucher #’s 78125-78764); Trust & Agency Fund - $62,787.30 (voucher #’s 78546-78743); Capital Fund - $355,813.73 (voucher #’s 78602-78672)
 
Ayes: All                                   Noes: None                               Motion Carried
 
ISSUES OF THE PUBLIC
 
          ELECTRONICS RECYCLING EVENT
 
          Mitch Martin from Senator Patrick Gallivan’s office announced that the Senator is hosting a free electronics recycling event at East Senior High School on Saturday, June 8, 2013 (9 am – 2 pm), for drop-off and disposal of computers, TV sets, electronics and small appliances.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          ERIE COUNTY COMMUNITY FORUM
 
          Supervisor Meegan announced that Attorney General Eric Schneiderman is conducting an Erie County Community Forum at Burchfield Penney Art Center at Buffalo State College on Monday, June 3, 2013 at 6:00 pm. Topics of discussion will include Environmental Protection, Labor & Civil Rights, Health Care and Consumer Fraud Protection. 
 
          CARDINAL, LARKWOOD, WOODMAR & GREENBRANCH ROAD RECONSTRUCTION
 
          Town Engineer Steven Tanner stated he met with the contractor for the road reconstruction project on Cardinal, Larkwood, Woodmar & Greenbranch Road. Contracts for the project have been signed and a start date will be forthcoming with details posted on the town’s website.
 
          SEWER PROJECT
 
          Town Engineer Steven Tanner stated the next agenda will include work commencing on the bonded sewer project that includes 120,000 ft. of sewer lining, 290 manhole repairs and 1,600 ft. of new pipe.
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-12
West Seneca, NY 14224                                                          May 29, 2013
                                                                                      Page six . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          RECEIVER WORK/REPAIR
 
          Councilman Hart questioned the reason for all the cones around certain receivers in town, inquiring specifically on DI’s (drainage intakes) in need of repair on Clinton Street.
 
          Highway Supt. Matthew English responded the Highway Department is doing repair work on DI’s located on town roads. DI’s located on Clinton Street are maintained by the State.
 
          EXECUTIVE SESSION
 
          Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 2:25 P.M. to discuss a personnel matter and a legal issue.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
          The board members returned from Executive Session at 3:20 P.M.
 
ADJOURNMENT
          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 3:20 P.M.
 
          Ayes: All                                  Noes: None                               Motion Carried
 
 
 
 
          _______________________________________
 JACQUELINE A FELSER, TOWN CLERK

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