Town Board Minutes

WEST SENECA TOWN OFFICES                                                TOWN BOARD PROCEEDINGS
1250 Union Road                                                                            Minutes #2013-13
West Seneca, NY 14224                                                               June 10, 2013
 
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance 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 Jerry Lyons, Mary Casciano and all those who have served and continue to serve our country.
 
13-A    MINUTES TO BE APPROVED
 
·                 Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes #2013-12 of May 29, 2013.
 
     Ayes: All                                   Noes: None                               Motion Carried
 
·                 Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the May 29, 2013 bid opening for a brush chipper.
 
     Ayes: All                                   Noes: None                               Motion Carried
 
13-B LEGAL ITEMS
 
1.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1956 RIDGE ROAD, BEING PART OF LOT NO. 296, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR SERVICE OF ALCOHOLIC BEVERAGES” in the Town of West Seneca, received and filed.
 
13-C COMMUNICATIONS

 
   1.    Supervisor Meegan re Creation of Director of Recreation II Regular Part Time (competitive)
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to create the competitive position of Director of Recreation II Regular Part Time, replacing the non-competitive position of Director of Recreation II Part Time approved at the January 3, 2013 Organizational Meeting.

 
On the question, Councilman Hart stated this is just a re-classification and does not change the duties. Supervisor Meegan further stated the town has to be in compliance with Erie County Personnel if weekly hours worked exceed 19. The position will now be competitive and require an open exam.
 
Ayes: All                                   Noes: None                               Motion Carried
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page two . . .
 
13-C COMMUNICATIONS

  
 2. Supervisor Meegan re Title Change for Craig Kroll
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Craig Kroll as Director of Recreation II Part Time and appoint Craig Kroll as Director of Recreation II Regular Part Time and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
 3. Supervisor Meegan re Budgetary transfer request
 
 
 
Motion by Supervisor Meegan, seconded by Councilman
Rusinski, to approve a budgetary transfer request of $24,347 from Program Director #1.7620.0100 to Salary of Director #1.7140.0100 to establish a budget for salary of Recreation Director.

 
On the question, Supervisor Meegan stated this will create a budget line item for the salary of Recreation Director that was never established.
 
Ayes: All                                   Noes: None                               Motion Carried

 
 4. Town Engineer re Additional hydrant – Veronica Estates
 
 
 
Motion by Supervisor Meegan, seconded by Councilman
Hart, to approve the addition of one (1) hydrant for the proposed Veronica Estates Subdivision; and further, acknowledge and resolve to pay the additional hydrant fee that will be charged by Erie County Water Authority in the amount of $160.80 per hydrant, per year.

 
On the question, Councilman Rusinski questioned if the fire department was notified.
 
Town Engineer Steven Tanner responded that notification has been provided and signatures on project drawings verify this.
 
          Ayes: All                                   Noes: None                               Motion Carried

  
    5.   Town Engineer re Approval of Change Order #2 for Dover Dr. Greenmeadow Rd. Reconstruction Project
 
 
 
 
 
Motion by Supervisor Meegan, seconded by Councilman
Hart, to approve Change Order #2 for a net deduct of $114,971.65 for the Dover Drive – Greenmeadow Road Reconstruction Project, making the final contract amount $1,984,795.35.

 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page three . . .
 
 
13-C COMMUNICATIONS
 
   5.    (continued)
 
On the question, Councilman Hart questioned the net deduct for the project.
 
Town Engineer Steven Tanner responded the change order deduct is reflective of an overall lower project cost. Projects such as this are bid using unit price bidding and if the quantity of material bid is not met, the excess is deducted from the projected cost.
 
          Ayes: All                                   Noes: None                               Motion Carried

  
   6.    Town Engineer re Bid date for 2013 Sewer Lining Project
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of July 2, 2013 at 2:00 P.M. for receipt of bids on the 2013 Sewer Lining Project, noting that this project consists of approximately 130,000 linear feet of sewer lining and rehabilitation of approximately 260 manholes.
 
Ayes: All                Noes: None            Motion Carried
 
  7.    Highway Supt. re Bid award for brush chipper
 
 
 
Motion by Supervisor Meegan, seconded by Councilman  Rusinski, to award the bid for the purchase of two (2) brush chippers for the Highway Department to Baschmann Services, Inc., 1101 Maple Rd., Elma, NY 14059 at their bid of $32,537 each for a total cost of $65,074.

 
On the question, Councilman Hart noted the successful bidder met the specifications whereas Vermeer Northeast’s bid did not adhere to what was specified.
 
Ayes: All                                   Noes: None                               Motion Carried

  
   8.    Highway Supt. re Appointment of part-time seasonal laborers in Highway Department
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to appoint the following as part-time seasonal laborers in the Highway Department at a rate of $7.25/HR effective June 24 – August 23, 2013:

         
         
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page four . . .
 
13-C COMMUNICATIONS
 
   8.    (continued)
 
          Joshua Andrzejewski         Richard Kobee         Eric Staychock         Nicholas Cavalieri
          Jesse Litwiniak                  Jason Scheely         Chris Kane              Timothy Stevenson
          MacKenzie Szakaes            Matthew Shields
 
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                                   Noes: None                               Motion Carried

  
   9.    Highway Supt. re Appointment of part-time seasonal laborers in Buildings & Grounds Department
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Daniel Walsh and Devin Reynolds as part-time seasonal laborers in the Buildings and Grounds Department at a rate of $7.25/HR effective June 11 – August 23, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
 
  10.   Chief Denz re Attendance at 2013 NYS Association of Chiefs of Police Training Conference
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to authorize Chief Daniel M. Denz to attend the 2013 NYS Chief’s of Police training in Lake Placid, New York, July 21 – 25, 2013 at a cost not to exceed $1,250 noting that sufficient funds are available in the 2013 police training course line item #1.3120.0459.
 
Ayes: All                Noes: None            Motion Carried
 
 11.   Chief Denz re Budgetary transfer request
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve a budgetary transfer request from Various Police Equipment Acct. #1.3120.0210 - $3000 and Community Service Acct. #1.3120.0471 - $12,000 to Community Policing Program Salary Acct. #1.3120.0164 - $15,000 to establish a salary line for community policing programs.
 
Ayes: All                Noes: None            Motion Carried

 
 
 
WEST SENECA TOWN OFFICES                                                   TOWN BOARD PROCEEDINGS
1250 Union Road                                                                            Minutes #2013-13
West Seneca, NY 14224                                                               June 10, 2013
                                                                                                            Page five . . .
 
13-C   COMMUNICATIONS

 
  12.   Code Enforcement Officer re Appointment of Douglas Busse Jr. as part-time Zoning Officer
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Douglas Busse Jr. as part-time laborer in the Code Enforcement Office effective June 17, 2013 at a rate of $12/HR noting sufficient funding is available in line items #1.3620.0447 & #1.3620.0139 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None            Motion Carried
  
 13.   Code Enforcement Officer re Electronic message board at 350 Langner Road
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, pursuant to Section 120-44 4.G of the Town Code, to approve an electronic message board at Delta Sonic Car Wash located at 350 Langner Road.

 
On the question, Councilman Rusinski questioned if approval is for one or two signs.
 
Code Enforcement Officer John Gullo responded there will be one electronic ground sign located on Langner Road between the entrance and exit along with an electronic pole sign located on the corner of Langner & Ridge Road.
 
Ayes: All                                   Noes: None                               Motion Carried

  
   14. Finance Director re Budgetary amendment request
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to increase appropriation line #001.8090.0227.444 Environmental Control Oxbow Wetlands and #001.8090.0228.4444 Oxbow Property Purchase in the amount of $46,355 and $29,000 respectively and increase revenue line #001.4089.444 in the amount of $75,355 noting that the source of funding for this request is grant money received from the National Fish and Wildlife Foundation & US Fish and Wildlife Service.
 
Ayes: All                Noes: None            Motion Carried
  
   15. Director of Recreation re Appointment of part-time Bus Drivers & seasonal Recreation Attendants
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint James Whalen, Kristine Capodagli & Deborah A. Sturm as part-time Bus Drivers at a rate of $10.60/HR and appoint individuals on the attached list to work in summer programs effective June 17 – September 13, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page six . . .
 
13-C COMMUNICATIONS
 
   15. (continued)
 
On the question, Councilman Hart questioned if bus drivers have to go through any special training. 
 
Director of Recreation Craig Kroll responded these individuals are fully trained and employed by the school district as bus drivers.
 
Ayes: All                                   Noes: None                               Motion Carried
                                                                                                *APPENDICES*
                                                                            
13-D   REPORTS
 
· Jacqueline A. Felser, Town Clerk’s report for May 2013 received and filed.
 
13-E  APPROVAL OF WARRANT
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
 
General Fund - $107,518.64; Highway Fund - $52,165.26; Special Districts - $11,443.40; (voucher #’s 78521-78942); Capital Fund - $86,656.98 (voucher #’s 78792-78885)
 
Ayes: All                                   Noes: None                               Motion Carried
 
ISSUES OF THE PUBLIC
         
STATUS OF AMERICORPS PAYMENTS
 
Karen Lucachik questioned the status of the AmeriCorps payments.
 
          Finance Director Laura Landers responded all payments are up-to-date.
 
TREE REPLACEMENT ON RECONSTRUCTED STREETS
 
Karen Lucachik suggested board members consider a law requiring mandatory tree replacement on reconstructed streets similar to the code used for trees in new build areas.
 
          Supervisor Meegan responded the tree replacement policy is currently being reviewed by the board.
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page seven . . .
 
 
ISSUES OF THE PUBLIC
 
TREE REPLACEMENT ON RECONSTRUCTED STREETS   (continued)
 
Town Engineer Steven Tanner requested replacement trees come from a list that are arborous recommended and do not interfere with sewers. 
 
Town Attorney Shawn Martin stated his only concern is whether or not existing neighborhoods would be grandfathered.  In the past the town may have planted trees but not been required to do so.
 
HOUGHTON COLLEGE
 
          Karen Lucachik commented on the amount of trees cut at Houghton College and questioned if the contractor is abiding by the plans.
 
Code Enforcement Officer John Gullo stated the trees were in poor condition prior to being cut and all work performed so far is according to the plan.
 
HAZARDOUS WASTE
 
          Karen Lucachik questioned how she can properly dispose of a bucket of lead.
 
Highway Supt Matthew English suggested Mrs. Lucachik drop it off Saturday at the hazardous waste dropoff site at Erie Community College South Campus.
 
GARBAGE TOTES
 
          Beverly Leising questioned if residents will have to pay for the garbage totes. 
 
Highway Supt Matthew English responded money has been bonded for the town to purchase and distribute initial totes. Any additional totes will be at the homeowner’s expense.
 
Johanna Guenther questioned if Mr. English had any feedback from other Highway Supt’s. concerning senior citizens and the garbage totes while attending the Highway Superintendents conference in Rochester.
 
Mr. English responded that nothing was brought up and it appeared to be a non-issue.
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page eight . . .
 
ISSUES OF THE PUBLIC
 
DEER POPULATION
 
          Beverly Leising referred to discussions at a previous Town Board meeting and questioned if the town was doing anything regarding the deer population. 
 
Councilman Hart stated he has had conversations with Chief Denz regarding bow and arrow, crossbow and firearm use, but he is still uncertain on how to effectively approach this issue.
 
Supervisor Meegan responded they are searching for a solution and continuing to have conversations with the DEC.  She further noted that the food pantry and City Mission will benefit from any program that is put in place.
 
CAT ORDINANCE
 
          Beverly Leising questioned the status of the cat ordinance.
 
Supervisor Meegan responded that there is a need for better language and they are continuing to have discussions. When better language is established another public hearing will be scheduled preferably on a separate night from a Town Board meeting.
 
NEW TOWN HALL ELEVATOR
 
          Amy Carpenter questioned when the new elevator in Town Hall will be opening. 
 
Supervisor Meegan responded a ribbon cutting ceremony will take place June 14th at 11:30 A.M.
 
VEHICLE & BUSINESS VIOLATIONS IN FISHER COURT
 
          Johanna Guenther voiced concerns on the number of unlicensed vehicles parked in Fisher Court and the commercial truck traffic to a home at which a business is operating.
 
Code Enforcement Officer John Gullo responded that if he is provided with addresses he will police the area and issue a summons if warranted.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          RE-BID FOR GARBAGE TOTES
 
Town Attorney Shawn Martin recommended that all bids be rejected for the recycling & refuse totes.
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page nine . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          RE-BID FOR GARBAGE TOTES   (continued)
 
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to reject the bids from the May 31, 2013 bid opening for the 95 gallon refuse and 65 gallon recycling totes.
 
          On the question, Supervisor Meegan stated the refuse & recycling totes will be re-bid since only two bids were submitted. Other vendors that did not receive specifications for the totes have indicated an interest in submitting a bid.
 
          Councilman Hart commented that the bids received were significantly different from bids received by Cheektowaga and re-bidding the totes could be cost effective.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
          Motion by Councilman Rusinski, seconded by Councilman Hart, to set a bid date of Monday, July 8, 2013 at 10:00 A.M. for receipt of bids for the furnishing, assembly and distribution of 65 gallon recycling & 95 gallon refuse totes.
 
Ayes: All                                   Noes: None                               Motion Carried
 
HAZARDOUS WASTE DROP-OFF DAY
 
          Highway Supt. Matthew English announced that Erie County is holding a household hazardous waste drop-off day on Saturday June 15th at Erie Community College South Campus. Items such as pesticides, fertilizers, batteries and mercury will be accepted. Tires, latex paint, fluorescent light bulbs and computers will not be accepted.
 
          Councilman Hart questioned why the town does not pick up TV’s at road side. 
 
Mr. English responded that due to the extraordinary amount of TV’s and small appliances being thrown out, the town would have to hire additional personnel to provide this service. As of January 1st a television set at the curb receives a sticker requesting that the resident drop it off at the Highway Department.
 
NEW YORK STATE REACCREDITATION
 
          Chief Denz stated Phase I of the NYS Reaccreditation has been completed and full Reaccreditation for another five years should be forthcoming.
 
 
 
 
WEST SENECA TOWN OFFICES                                     TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2013-13
West Seneca, NY 14224                                                          June 10, 2013
                                                                                      Page ten . . .
 
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
POLICE EXPANSION FUNDRAISING COMMITTEE
 
          Councilman Hart stated the police expansion fundraising committee is requesting that a plaque listing all 800 – 900 donors be displayed in Town Hall. The plaque size will be 4’ and cost approximately $1200.
 
Town Attorney Shawn Martin stated he believes there is a provision in Town Law requiring a hearing or resolution for a monument to be placed in Town Hall.
 
Chief Denz stated the donors deserve some type of recognition and suggested discussing all possible options.
 
ADJOURNMENT
          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 7:35 P.M.
 
          Ayes: All                                  Noes: None                               Motion Carried
 
 
 
 
          _______________________________________
 JACQUELINE A FELSER, TOWN CLERK

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