Town Board Minutes
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 Code Enforcement Officer
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
William P. Hanley Jr. 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 Donald Bebak, Edward Josefiak and Charles Hart.
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the January 13, 2014 work session.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2014-01 of January 13, 2014.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the Special Meeting on January 17, 2014.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the January 13, 2014 bid opening for collection of recyclable materials.
Ayes: All Noes: None Motion Carried
2-B TABLED ITEMS
|
1. Supervisor Meegan re Appointment of Board of Plumbing Examiners |
|
Remained on the table. |
|
2. Supervisor Meegan re Designation of Step 3 Grievance Officer |
|
Remained on the table. |
Page two . . .
2-C COMMUNICATIONS
|
1. Supervisor Meegan re Retirement of Terry Williams |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Terry Williams and terminate him as Motor Equipment Operator in the Highway Department effective January 30, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Supervisor Meegan thanked Mr. Williams for his years of service, dedication and commitment to the community.
Highway Supt. Matthew English wished Mr. Williams the best in his retirement, noting his almost 40 years of service to the town.
Ayes: All Noes: None Motion Carried
|
2. Highway Supt. re Appointment of Jeremy Musial as Sanitation Motor Equipment Operator |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Jeremy Musial as Sanitation Motor Equipment Operator and appoint Jeremy Musial as Highway Laborer, Group 1, Step 1, at a rate of $25.36/HR effective January 28, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hart asked Highway Supt. Matthew English to explain how individuals move through the ranks in the Sanitation Department to the Highway Department.
Mr. English responded that Mr. Musial is ranked #1 in seniority in the Sanitation Department, allowing him to move to the Highway Department as a laborer due to a recent retirement. Mr. English noted the move of an individual from sanitation to highway is contractual.
Ayes: All Noes: None Motion Carried
|
3. Highway Supt. re Appointment of Joseph Demma as full time Sanitation Laborer |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Joseph Demma as part-time Sanitation Laborer and appoint Joseph Demma as full-time Sanitation Laborer at a rate of $18.06/HR effective January 28, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hanley questioned if Mr. Demma was first in line for this full-time appointment.
Page three . . .
2-C COMMUNICATIONS
3. (continued)
Highway Supt. Matthew English responded that appointments of full-time laborers are step based and Mr. Demma is first in line.
Councilman Hart questioned if these types of appointments are contractual.
Mr. English responded that full-time appointments are based on an individual’s work performance as an alternate. When there is an opening, he and the general foreman in charge of sanitation jointly make a recommendation for a full-time appointment. Mr. Demma has been an alternate for 4.5 years at 7.25/HR and has earned the full-time job.
Ayes: All Noes: None Motion Carried
|
4. Code Enforcement Officer re Rezoning request for |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, to refer the rezoning request for |
On the question, Councilman Hart asked Code Enforcement Officer
Mr. Gullo responded that rezoning requests are presented to the Town Board for referral to the Planning Board for review. The Planning Board will then make a recommendation to the Town Board for approval or denial of the project.
Ayes: All Noes: None Motion Carried
|
5. Code Enforcement Officer re Rezoning request for |
|
Motion by Supervisor Meegan to refer the rezoning request for Motion failed due to lack of a second. |
|
6. Code Enforcement Officer re Variance for property located at |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, pursuant to Section 120-34B of the Town Code, to approve a height variance of 54’ for DePaul Properties, Inc. proposed redevelopment of |
On the question, Councilman Hanley questioned different addresses on the application and the cover letter.
Page four . . .
2-C COMMUNICATIONS
6. (continued)
Code Enforcement Officer
Ayes: All Noes: None Motion Carried
|
7. Sr. Recreation Therapist of Senior Services re Status change for Virginia Antos and Marirose Bless to seasonal |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerk typist Virginia Antos and part-time food service worker Marirose Bless to part-time seasonal effective February 3 - 28, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hanley questioned if the seasonal status allowed 40 hour work weeks for three weeks.
Supervisor Meegan responded the seasonal status allows 30 hour work weeks for up to 26 weeks.
Ayes: All Noes: None Motion Carried
|
8. Sr. Recreation Therapist of Senior Services re Status change for Barbara Brooks to seasonal |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time ceramic instructor Barbara Brooks to part-time seasonal effective February 3 – April 30, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
|
9. Sr. Recreation Therapist of Senior Services re Termination of Donald Bebak as van driver |
|
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate part-time Van Driver Donald Bebak effective January 16, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
Page five . . .
2-D REPORTS
§ Comptroller Jean Nihill, Revenue/expense comparison control report posted as of January 27, 2014; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report posted as of January 27, 2014 received and filed.
ISSUES OF THE PUBLIC
ZONING BOARD MEETING
Dale Clarke referred to the Zoning Board meeting held on January 22nd and asked the Town Attorney to check the legality of it since it was not published. He further suggested that Councilman Hart & Councilman Hanley broke the open meetings law by attending the meeting and discussing town business.
Councilman Hart responded that he and Councilman Hanley did attend the Zoning Board meeting, but they did not discuss town business. Also, there was no discussion on items that required publication and they were tabled until the next meeting.
David Monolopolus questioned why no information was available on the website regarding the Zoning Board agenda.
Councilman Hanley responded the transition has not been as smooth as they would like it to be.
Dale Clarke referred to the flooding of
Councilman Hart responded that flooding of this area is due in part to a broken waterline and partial collapse of a lining inside a pipe. They are currently discussing payment and settlement options with engineers.
Page six . . .
ISSUES OF THE PUBLIC
Councilman Hanley stated he did not speak with Mr. Clarke at National Fuel Gas. Mr. Clarke spoke with another employee and told him if they did not get a piece of pipe out of the creek he would have them in court. Councilman Hanley stated he was then informed of this upon returning to work at the end of the day. He further stated he recently walked the creek along
Councilman Hart requested Town Engineer Richard Henry comment on the flooding and possible cause, particularly on
Mr. Henry responded he did not want to speculate on the cause of the flooding; however, he did walk the area with Councilman Hanley and Highway Supt. Matthew English. He stated the National Fuel Gas property has areas where pipe is restricted and an area crossing the NYS Thruway has a downed chain link fence causing major backups. Mr. Henry stated there are at least three different jurisdictions (state, town and private property owners) responsible for cleaning and maintaining these areas and a plan is being developed to address this issue.
Councilman Hanley stated the railroad is another involved jurisdiction.
GARBAGE TOTES
An
Supervisor Meegan responded that discussions for the purchase of both garbage and recycling totes have been ongoing for over three years. The garbage trucks have been retrofitted so the totes are lifted and dumped by the truck.
Highway Supt. Matthew English stated that starting March 20th residents can call the Highway Department to exchange their 95 gallon garbage tote for a 65 gallon tote.
STATUS OF AMERICORPS PAYMENTS
Amy Carpenter questioned the status of this month’s AmeriCorps payment.
Comptroller Jean Nihill responded she was not aware of the payment, but she will get the information and report back.
Page seven . . .
ISSUES OF THE PUBLIC
STATUS OF AMERICORPS PAYMENTS (continued)
Supervisor Meegan suggested Attorney Charles Grieco meet with former Town Attorney Shawn Martin regarding the AmeriCorps contract.
FEASIBILITY STUDY STATUS
Amy Carpenter questioned the status of the Seneca Mall site feasibility study.
Supervisor Meegan responded the study is ongoing and extensive conversations have taken place with police and the fire district. It will take a couple more weeks to gather data and information will be forthcoming at that time.
EMPLOYMENT OF PREVIOUS TOWN ATTORNEY
Amy Carpenter questioned if former Town Attorney Shawn Martin is still being retained as legal counsel on pending matters, and if so, for how long.
Supervisor Meegan responded there are pending matters that are unfinished and his employment is currently open ended.
PROPOSED DEVELOPMENT OF
Linda Toy voiced her concern regarding proposed plans for
Councilman Hart responded that representatives from DePaul Properties are present at this meeting and are interested in establishing neighborhood information groups. He suggested Mrs. Toy speak with the representatives and possibly assist in creating these groups.
RECOGONITION OF BOARD, HIGHWAY & POLICE DEPARTMENT
Dave Monolopolus thanked the Town Board, Highway Supt. Matthew English and the Police Department for their assistance in the Lexington Green neighborhood during the flood.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
LOCAL LAW 2014-01 & 2014-02
Supervisor Meegan introduced Local Law #2014-01 modification to Chapter 101, Solid Waste and Local Law #2014-02 modification to Chapter 92, Property Maintenance.
Page eight . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
LOCAL LAW 2014-01 & 2014-02 (continued)
Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing on February 10, 2014 at 7:00 P.M. to consider Local Law #2014-01 modification to Chapter 101, Solid Waste.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing on February 10, 2014 at 7:00 P.M. to consider Local Law 2014-02 modification to Chapter 92, Property Maintenance.
Ayes: All Noes: None Motion Carried
DAY OF CARING
Code Enforcement Officer
Councilman Hart thanked Mr. Gullo, the Supervisor’s office, Highway Department and everyone that volunteered their services at the Day of Caring event and announced that the Community of Churches is holding a meeting tomorrow night to further discuss assisting residents in the Lexington Green neighborhood. A neighborhood relief fund is being finalized and donations can be made at M & T Southgate branch or given directly to him. An application process is being established for families to apply for replacement of lost personal items. Once this program is in place it may become permanent for possible future use and faster reaction time.
Supervisor Meegan stated that Governor Cuomo’s office provided a mobile unit to assist residents with insurance claims. The Engineering Department has submitted a letter to the state and a log of expenses incurred such as overtime and use of equipment is being kept. She will be meeting with the Army Corps of Engineers along with the town’s engineering department to put together a flow of progress. Congressman Higgins is attempting to have a study done on the creek to better understand what actually occurred. Supervisor Meegan further commented on the outpouring of support and help from the community.
Page nine . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SUMMER DAY CAMP PROGRAM
Recreation Director Craig Kroll stated he will be doing a final power point presentation on the safety plan for the summer day camp program at the February 10th work session.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to Executive Session at 7:35 P.M. to discuss four personnel issues with Chief Denz, Town Engineer Richard Henry, Comptroller Jean Nihill and the attorney.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 8:15 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:15 P.M.
Ayes: All Noes: None Motion Carried
_______________________________________
JACQUELINE A FELSER, TOWN CLERK