Town Board Minutes

 

 

 

2 5-A MINUTES TO BE APPROVED

 

 

 

 

 1.     Motion by Supervisor Meegan, seconded by Councilman Hart, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF LOCAL LAW 2014-15, MODIFICATION TO CHAPTER 65 – ELECTRICAL INSPECTIONS” in the Town of West Seneca, be received and filed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Joseph P Clifford as part-time winter help in the Engineering Department at a rate of $11 per hour effective December 22, 2014 through January 9, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

 

Whereas, the Town of West Seneca seeks to expand its availability of active and passive recreational amenities with opportunities for interpretive nature to address a lack of adequate recreation amenities for all ages and abilities; and

 

Whereas, much of the Town’s existing recreational facilities suffer from overuse; and

 

Whereas, the Town of West Seneca Municipal Open Space and Greenway Master Plan has not been updated since 1999; and

 

Whereas, it has been determined by the Oxbow Park Grant Committee that the best solution to parks and recreation needs is through the acquisition of a rehabilitated open space parcel, contiguous to land already owned by the Town of West Seneca, for permanent preservation to remain in the public domain in perpetuity;

 

Now, therefore, be it resolved that the Town of West Seneca supports the expansion of its recreational portfolio through the acquisition of the Oxbow Park; and

 

Be It Further Resolved that in lieu of a Parks and Recreation Master Plan, this resolution serves to affirm that this project is consistent with the Town’s long term plans for parks and recreation amenities.

 

On the question, Councilman Hart understood the purpose of this resolution is to allow the town to apply for grants.

 

Supervisor Meegan confirmed that is the purpose of the resolution. She further stated that Bill Bauer of Edbauer Construction has provided renderings of the proposed project and they are available for viewing after the meeting.  Supervisor Meegan commented with the vision of Mr. Bauer and members of the West Seneca Environmental Commission this is an exciting opportunity for the town, county and state. 

 

Whereas, the Town of West Seneca owns land adjacent to the oxbow property located at 2790 Clinton Street in the Town of West Seneca; and

 

Whereas, Serafini Construction, the legal owner of this parcel seeks to sell the property to Edbauer Construction, the current tenant of the property, for renovation of existing structures and conversion of the wetland property into a public park to be owned and maintained by the Town of West Seneca in perpetuity; and

 

Whereas, acquisition of this property will create active and passive recreational amenities as well as areas for nature interpretation and education while preserving natural wetlands; and

 

Whereas, Edbauer Construction by execution of the Memorandum of Understanding on December 12, 2014 shall render the following services related to development of the park before it is sold to the Town, including but not limited to design, property renovations including building, site work and canoe launch facilities and removal of onsite material and equipment not included in the project; and

 

Whereas, the Town of West Seneca will provide the project design oversight and park maintenance following the acquisition of the parcel in perpetuity;

 

Now, therefore, be it resolved that the Town of West Seneca supports the expansion of its recreational portfolio through the acquisition of the Oxbow Park using grant funding; and

 

Be It Further Resolved that Connie D. Miner & Co. Grants Consultants be authorized and directed to complete the necessary application, forms, and attachments to be submitted through the Niagara River Greenway Commission Funding Application for the purpose of securing this grant; and

 

Be It Further Resolved that Town of West Seneca Supervisor Sheila M. Meegan is hereby authorized and directed to sign an application for funds from the Niagara River Greenway Commission for acquisition of the Oxbow Park.

 

On the question, Supervisor Meegan thanked Mr. Bauer for his willingness to make this happen for the town.

 

 

WHEREAS, during the year ending December 31, 2014 the Town of West Seneca was significantly affected by several storms causing substantial emergency expenditures within the General Fund and Highway Fund; and

 

WHEREAS, the Highway Fund does not have available fund balance to support the emergency expenditures; and

 

WHEREAS, the Highway Fund and the Town’s General Fund share the same taxable base; and

 

WHEREAS, the Town’s General Fund has available fund balance; now, therefore, be it

 

RESOLVED, that the Town Board hereby amends the General Fund budget to provide a one-time transfer from its available fund balance to support emergency spending within the Highway Fund.

 

On the question, Supervisor Meegan stated the amount will be determined as of December 31, 2014 and money transferred to the Highway Fund cannot come back to the General Fund.

 

Councilman Hart commented the four major storm events this year impacted the Highway Fund and the amount of the transfer will be made public when the books are closed and adjusted.

 

 

 

 

 

 

On the question, Councilman Hart questioned the number of buildings damaged as a result of the storm. Code Enforcement Officer John Gullo responded that 250 buildings were damaged and 40 of them sustained severe damages.

 

 

On the question, Councilman Hart noted this relates to the hiring of a police officer that was formerly an officer with the City of Rochester.

 

Attorney for the Town Charles Grieco stated there is a provision in General Municipal Law that the City of Rochester maintains applies to hiring of a police officer from another municipality. The issue was resolved for considerably less than the $90,000 they were seeking.

 

 

On the question, Attorney for the Town Charles Grieco stated the town was accused of breach of several contracts in 2010 and 2011. The lawsuit was dismissed and they filed again at a much higher amount. The cost of litigation would have been well above $20,000.

 

 

On the question, Attorney for the Town Charles Grieco stated this will allow the town to use the school district buses with district drivers for winter and summer camp as a shared service with no cost to the town.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

          Councilman Hanley stated the board members received the following response from the Ethics Committee on the Tim Elling situation: “By a majority of the Ethics Committee, there was no finding that any violation occurred by Mr. T.E. regarding the Ethics Code. To have a violation, there must be both solicitation and quid pro quo which was not found in this case. At the conclusion of our investigation, Mr. H. was not doing any business in town and if he was to in the future, Mr. T.E. agreed to recuse himself from any matters brought before him on the board. Additionally, it was learned that Mr. T.E. did not sign the Ethics Code until May and the issue occurred in January.” Councilman Hanley received this recommendation from Ethics Committee Chairman George Clifford and rather than names only initials were listed.