Town Board Minutes

WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
 
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 Town Clerk Jacqueline Felser.
 
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 Marcella Gregoire & Loren Haxton.
 
Supervisor Meegan read a proclamation designating March 24, 2014 as Community Service Appreciation Day and recognized Robert Hill of Union Concrete & Construction along with Bill Bauer & Ed Kellman of EdBauer Construction for their assistance in the Lexington Green flooding incident.
 
6-A MINUTES TO BE APPROVED
 
§         Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the March 10, 2014 work session.
 
     Ayes: All                                    Noes: None                               Motion Carried
 
§         Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2014-05 of March 10, 2014.
 
     Ayes: All                                    Noes: None                               Motion Carried
 
§         Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the March 18, 2014 bid opening for the Burchfield Prefab Storage Building Project.
 
     Ayes: All                                    Noes: None                               Motion Carried
 
6-B    TABLED ITEMS

 
 1.     Supervisor Meegan re Designation of Step 3 Grievance Officer
 
 
Remained on the table.
 
 2.     Supervisor Meegan re Transfer of paper street commonly known as Diane Drive
 
 
Remained on the table.

 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                      Page two . . .
 
6-C    COMMUNICATIONS

      
1.    Supervisor Meegan re Amendment No. 1 for Cazenovia Creek Ice Control Project Agreement
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to table this item. 
 
Ayes: All                Noes: None             Motion Carried
 
2.    Town Attorney re Farmers Market Agreement Resolution
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing the Supervisor to execute the attached memorandum of agreement with Kirchmyer Media LLC to manage and promote the proposed farmers market on Town Hall property located at 1250 Union Road.

 
On the question, Councilman Hart asked Joseph Kirchmyer of Kirchmyer Media for an update on the farmers market.
 
Mr. Kirchmyer reported that everything thus far has been very positive. A sponsor came forward offering financial support and 23 vendors signed up with inquiries from three additional vendors this date. The market will operate May 15th through Sept. 4th from 4:00 – 7:30 P.M.   Setup will be between 3:00 – 4:00 P.M. with cleanup taking place after 7:30 P.M. Mr. Kirchmyer thanked the town for their cooperation in making the farmers market a reality.
 
Supervisor Meegan requested Mr. Kirchmyer provide the vendor application to the Town Board for review.
 
          Ayes: All                                    Noes: None                               Motion Carried
                                                                                                          *APPENDICES*

      
3.    Town Attorney re Police Department Expansion Grant Contract
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing Grant Consultant Connie Miner & Company to complete the necessary application and forms for the purpose of securing the $350,000 Police Department Expansion Grant.

 
On the question, Councilman Hart questioned if the town received any money from this grant.
 
Supervisor Meegan responded everything is in place and once billing is submitted the town will be reimbursed. She expressed her gratitude to Senator Tim Kennedy for his efforts, noting the $350,000 grant focused mainly on the dispatch center in the Police Department.
 
          Ayes: All                                    Noes: None                               Motion Carried
                                                                                                          *APPENDICES*
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                      Page three . . .
 
6-C    COMMUNICATIONS

         
   4.    Town Attorney re Amendment to Town Code § 47-4 Alcoholic Beverages - Exceptions
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing for April 21, 2014 at 7:00 P.M. to consider Local Law 2014-03 modification to Chapter 47, Alcoholic Beverages.

 
On the question, Councilman Hart stated this will amend the Town Code to allow consumption of alcoholic beverages at the farmers market and certain other community events (i.e. Community Days).
 
Councilman Hanley stated the proposed modification is intended for beer and wine tasting, but will not allow individuals to bring their own alcohol to events.
 
Ayes: All                                    Noes: None                               Motion Carried

         
5.          Town Attorney re Amendment to Town Code § 87-2 Peddlers, Solicitors & Canvassers - Definitions
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to schedule a public hearing for April 21, 2014 at 7:00 P.M. to consider Local Law 2014-04 modification to Chapter 87, Peddlers, Solicitors and Canvassers.
 
Ayes: All                Noes: None             Motion Carried
 
  6.    Town Engineer re Bid date for North American Drive Road Reconstruction Project
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of April 16, 2014 at 2:00 P.M. for receipt of bids for reconstruction of North American Drive between Union Road and Ransier Drive and Ransier Drive from North American Drive to the south dead end.
 
Ayes: All                Noes: None             Motion Carried
         
   7.    Town Engineer re Bid award for Burchfield prefabricated building
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to award the bid for the prefabricated comfort station/storage building at the Burchfield Nature and Arts Center to NewCal Construction Inc., 10994 Tinkham Road, Darien, NY 14040 at their low total bid amount of $149,500.

 
On the question, Councilman Hart questioned the meaning of base bid.
 
Town Engineer Richard Henry responded that a base bid means accepting a bid as it is received, noting some contracts have multiple bid items.
 
          Ayes: All                                    Noes: None                               Motion Carried
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                      Page four . . .
 
6-C    COMMUNICATIONS

                  
   8.    Highway Supt. re Title change for Thomas Sullivan
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Thomas Sullivan as Highway Motor Equipment Operator and appoint Thomas Sullivan as Working Crew Chief, Group 6, Step 5, at a rate of $29.46/HR effective March 17, 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 June Edie as Food Service Worker
 
 
 
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the resignation of June Edie and terminate her as part-time food service worker effective March 24, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None             Motion Carried
 
10.   Sr. Recreation Therapist of Senior Services re Retirement of Virginia Antos as part-time Clerk Typist
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Virginia Antos and terminate her as part-time clerk typist effective March 31, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None             Motion Carried
 
11.   Sr. Recreation Therapist of Senior Services re Status change for Mary Ann Gullo to seasonal
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time ceramic instructor Mary Ann Gullo to part-time seasonal effective April 1 – June 30, 2014 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All                Noes: None             Motion Carried
 
12.   Town Attorney re Correcting deed resolution for 300 Harlem Road
 
 
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing execution of the correcting deed for the transfer of certain real property commonly known as 300 Harlem Road, West Seneca, New York.
 
Ayes: All                Noes: None             Motion Carried
                                                          *APPENDICES*

 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                      Page five . . .
 
6-D   REPORTS
                                                                                     
§            Comptroller Jean Nihill, Revenue/expense comparison control report posted as of March 24, 2014; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report posted as of March 24, 2014 received and filed.
 
ISSUES OF THE PUBLIC
         
          NEW TABLES AT THE SENIOR CITIZENS CENTER
 
          Amy Carpenter referred to the March 10th work session minutes regarding replacement of tables at the senior citizens center and questioned the kind of tables that will be purchased. 
 
Senior Recreation Therapist of Senior Services Mary Josefiak responded that the current particle board card tables can’t be fixed and need to be replaced. They are working on securing funding to purchase banquet type tables which are lighter and much easier to handle, noting the Erie County warehouse did not have any tables in their inventory that would work.
 
HUMAN RESOURCE CONSULTANT
 
          Amy Carpenter referred to the recommendation from Public Sector HR Consultants to form an employee handbook committee and questioned the start date and if an additional internal human resource person will be hired.
 
Councilman Hart responded that after assessing the situation, Public Sector HR Consultants withdrew their proposal for services. The town will be pursuing another HR Consultant and depending on that proposal possibly hire an additional person. 
 
Mrs. Carpenter questioned if there are other HR Consultants with expertise in public sector work.
 
Councilman Hart responded that Public Sector HR Consultants were well versed with public sector work and they will be seeking another consultant that is also familiar in this area.
 
SENECA MALL SITE FEASIBILITY STUDY
 
          Amy Carpenter questioned the status of the Seneca Mall site draft feasibility study.
 
Supervisor Meegan responded that the board members will be recessing into Executive Session later this evening to begin discussions on the draft of the study. Public information will be available in approximately six weeks.
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                      Page six . . .
 
ISSUES OF THE PUBLIC
 
SUMMER DAY CAMP PROGRAM
 
          Amy Carpenter questioned who is responsible for drug testing and job descriptions for the summer day camp program.
 
Supervisor Meegan responded the town currently has drug testing. Job descriptions and titles have been established and interviews are taking place on a weekly basis.
 
Recreation Supervisor Lauren Masset stated all jobs are posted on the town’s website.
 
ZONING & PLANNING BOARD
 
          Amy Carpenter questioned if Zoning & Planning Board information will be available online.
 
Councilman Hanley responded that Zoning & Planning Board agendas will be available online going forward and all the meeting minutes, except January, are currently on the town's website.
 
Mrs. Carpenter questioned if the overhead projector will be used at meetings and commented on how beneficial it is for the audience.
 
Councilman Hart responded that the overhead projector is optional and its use depends on the individual making the presentation. 
 
Town Attorney Matt Palmieri responded that petitioners cannot be required to use the overhead projector for their presentation. 
 
Code Enforcement Officer John Gullo stated that he discontinued using the overhead projector because it became too time consuming; however, applicants are aware that the technology is available for their use.
 
REORGANIZATION OF FINANCE DEPARTMENT
 
          Dale Clarke referred to the organization meeting where changes were made in the Finance Department and questioned if re-establishing the position of Town Comptroller and releasing Freed Maxick as the town’s accounting/financial consulting firm was saving the town money.
 
Councilman Hart responded he feels there will be a cost savings, but that determination will not be realized until the end of the year.
 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                      Page seven . . .
 
ISSUES OF THE PUBLIC
 
REORGANIZATION OF FINANCE DEPARTMENT   (continued)
 
Mr. Clarke further commented on the appointment of Linda Kauderer as Deputy Town Comptroller at an annual salary of $64,000. He questioned the qualifications for this position and if the position was posted on the town’s website.
 
Councilman Hanley responded that the position was not posted online and the appointment was made based on past experience.
 
Mr. Clarke stated that according to Civil Service Law, Ms. Kauderer is not qualified for this position. He further commented that the position was previously abolished to save money and political appointments such as this are costing the taxpayers money.
 
ETHICS COMMITTEE
 
          Dale Clarke questioned if a recent hire in the Buildings & Grounds Department is related to Councilman Hart.
 
Councilman Hart responded that Daniel Walsh is his cousin. 
 
Mr. Clarke did not believe the Ethics Code allowed board members to hire relatives and stated that he would like to see appointments made to serve on the Ethics Committee. He further commented on information posted on Facebook regarding super bowl tickets, airfare and hotel accommodations given to Zoning Board of Appeals Chairman Timothy Elling. Mr. Clarke submitted this information to the board members and suggested an investigation take place.
 
Supervisor Meegan stated they will discuss this with the Town Attorney and will be appointing members to serve on the Ethics Committee.
 
WORK SESSIONS
         
Johanna Guenther requested that work sessions be held prior to Town Board meetings as other towns do.
 
          STATUS OF BATHROOMS AT SENIOR CITIZENS CENTER
 
          Johanna Guenther questioned the status of new bathrooms at the Senior Citizens Center. 
 
Supervisor Meegan responded that $200,000 was received from HUD for ADA compliant bathrooms at both the Senior Citizens Center and Town Hall.
 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                      Page eight . . .
 
ISSUES OF THE PUBLIC
 
RECOGNITION OF SENIOR Citizens Board of Directors member
 
          Johanna Guenther commended Senior Citizens Board of Directors member Eric Vogel for all his hard work, dedication and financial support and suggested the Town Board recognize him as Citizen of the Year.
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
          STATUS OF AUDIT
 
Supervisor Meegan questioned the status of the audit. 
 
Town Comptroller Jean Nihill responded the audit is in progress and being worked on by the outside accounting firm.
 
STATUS OF COMPREHENSIVE PLAN
 
Supervisor Meegan questioned the status of committee selection for updating the Comprehensive Plan. 
 
Councilman Hart responded that individuals are currently being selected and he is also waiting for nominees from the other board members. Planning Board Chairman Robert Niederpruem has agreed to chair the committee.
 
Supervisor Meegan understood that other members included John Gullo, Joe Frontera, William Melski, and David Monolopolus. She questioned if Paula Minklei and Amy Carpenter would be interested in serving on the committee.
 
Mrs. Minklei indicated she would be interested and Mrs. Carpenter requested a job description prior to committing.
 
Supervisor Meegan stated once the minimum of seven committee members is reached the town will be able to move forward.
 
Councilman Hart stated as many as 11 people can be appointed to this committee. He has asked the Chamber of Commerce to make a recommendation and would also like a representative from the city line area.
 
Supervisor Meegan suggested Linda Toy to represent the city line area.
 
 
 
WEST SENECA TOWN OFFICES                                      TOWN BOARD PROCEEDINGS
1250 Union Road                                                           Minutes #2014-06
West Seneca, NY 14224                                                          March 24, 2014
                                                                                       Page nine . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
ST. PATRICK’S DAY LUNCH
 
Sr. Recreation Therapist of Senior Services Mary Josefiak thanked Supervisor Meegan and Councilman Hart for their support and assistance in serving over 140 people at the St. Patrick’s Day lunch at the Senior Citizens Center.
 
LEXINGTON GREEN FLOOD VICTIMS
 
Councilman Hanley announced that Orville's is offering substantial discounts to victims of the Lexington Green flood. A letter reflecting the discount is available at St. John's Lutheran Church on Clinton Street.   Individuals will need to provide the letter and proof of residency in order to receive the discounts.
 
EXECUTIVE SESSION
 
Motion by Supervisor Meegan, seconded by Councilman Hanley, to recess to Executive Session at 7:40 P.M. to discuss Switzer Park, the deed transfer for American Legion Post 735, appointment of a fair housing officer, the Seneca Mall site feasibility study & the 799 plan.
 
Ayes: All                                    Noes: None                               Motion Carried
 
The board members returned from Executive Session at 9:10 P.M.
 
ADJOURNMENT
          Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:10 P.M.
 
          Ayes: All                                   Noes: None                               Motion Carried
 
 
 
 
 
          _______________________________________

                                                                                  JACQUELINE A FELSER, TOWN CLERK

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