Town Board Minutes

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

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 led by Town Clerk Jacqueline Felser.

ROLL CALL: Present - Sheila M. Meegan Supervisor

Eugene P. Hart Councilman

William P. Hanley, Jr. Councilman

Absent - None

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 John “Doc” Schieber.

Supervisor Meegan recognized the West Seneca Wings Girls Hockey Team for winning the NYS Championship and stated they will be representing the NYS region at the 2015 USA Hockey National Tournament in Lansing, Michigan. Town Board members distributed Certificates of Merit to each of the players for their achievements.

6-A MINUTES TO BE APPROVED

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the March 9, 2015 work session.

Ayes: All Noes: None Motion Carried

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2015-05 of March 9, 2015.

Ayes: All Noes: None Motion Carried

6-B LEGAL ITEMS

Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5641 SENECA STREET, BEING PART OF LOT NO. 310, CHANGING ITS CLASSIFICATION FROM C-1 to C-2, TO CONTINUE OPERATING A CONTRACTOR BUSINESS” in the Town of West Seneca, received and filed. (Jordan Kamholz)

Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 245 NORTHWOOD AVENUE, BEING PART OF LOT NO. 310, CHANGING ITS CLASSIFICATION FROM R-65 to R-65A, FOR A HOME OCCUPATION (nail salon)” in the Town of West Seneca, received and filed. (Kristen Stockmaster)

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page two . . .

6-C TABLED ITEMS

Supervisor Meegan re Termination of F. Deppeler as part-time clerk typist

Motion by Supervisor Meegan, seconded by Councilman Hart, to remove this item from the table.

Ayes: All Noes: None Motion Carried

Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Frances Deppeler, Clerk Typist Part-Time, effective March 23, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried

Motion by Councilman Hart, seconded by Supervisor Meegan, to eliminate the position of secretary for the Historical Society.

Ayes: All Noes: None Motion Carried

2. Supervisor Meegan re Appointment of Director of Recreation II

Remained on the table.

6-D COMMUNICATIONS

1. Supervisor Meegan re Correction to Highway Superintendent’s Salary

Motion by Supervisor Meegan, seconded by Councilman Hart, to increase Highway Superintendent Matthew English’s salary to $82,518 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting this will correct a mistake that occurred at the 2014 Reorganization Meeting.

On the question, Councilman Hart questioned if this amount is what was budgeted. Town Attorney John Fenz responded that $82,518 is the salary that was budgeted and published in the adopted budget.

Ayes: All Noes: None Motion Carried

2. Town Attorney re Request for Authority to Execute Settlement

Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Town Attorney to execute the Consent Order to conclude the real property tax assessment challenge litigation between Anthony DeSimone and the Town of West Seneca.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page three . . .

6-D COMMUNICATIONS

2. (continued)

On the question, Town Attorney John Fenz noted the reduction in assessment agreed to in the Consent Order results in $114 in tax revenue for four years and litigation would cost the town more than this.

Ayes: All Noes: None Motion Carried

Town Engineer re Approval of change order #1 for the 48” Trunk Sewer Installation Project.

Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve change order #1 in the amount of $77,000 for additional work performed on the 48” Trunk Sewer Installation Project.

On the question, Supervisor Meegan questioned if this will correct the problem at Spinners on Orchard Park Road. Town Engineer Steven Tanner responded this brings the pipe from the road to the creek and when the New York State Department of Transportation (NYSDOT) does additional work along Orchard Park Road, Spinners will be required to hook into this pipe which should correct the drainage issues there.

Ayes: All Noes: None Motion Carried

4. Code Enforcement Officer re new fee schedule

Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached new fee schedule for the Code Enforcement Office.

Ayes: All Noes: None Motion Carried

*APPENDICES*

5. Senior Recreation Therapist for Sr. Services re Status change for MaryAnn Gullo to part-time seasonal

Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of MaryAnn Gullo, part-time ceramic instructor for the West Seneca Senior Center, to part-time seasonal effective April 1 - June 30, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page four . . .

6-D COMMUNICATIONS

6. Town Justices re Budget amendment request

Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize an amendment to the adopted 2015 General Fund budget to appropriately account for grant revenue and expenditures as follows: increase revenue account #1.0001.3021.3333, JCAP for Court Office - $4,442.53 and increase expense account #1.1110.0200.3333, JCAP for Court Office - $4,442.53.

On the question, Councilman Hart questioned what the funds will be used for. Supervisor Meegan responded the grant money will be used to purchase new filing cabinets and a portion will go toward a new computer server.

Ayes: All Noes: None Motion Carried

7. Town of West Seneca Environmental Committee re Budget amendment request

Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize an amendment to the adopted 2015 General Fund budget to appropriately account for grant revenue and expenditures as follows: increase revenue account #001.0001.4089.4444, Federal Government Aid - $7,750.91 and increase expense account #001.8090.0227.4444, Oxbow Wetland Restoration -$7,750.91.

On the question, Councilman Hart noted this is for a plant remediation project at the oxbow property.

Ayes: All Noes: None Motion Carried

8. Town Engineer re Appointment of Michael Demma Jr. as Sewer Maintenance Worker

Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Michael Demma Jr. as Buildings and Grounds Laborer and appoint Michael Demma Jr. as Sewer Maintenance Worker, Group 2, Step 5 at a rate of $28.17 per hour effective March 16, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page five . . .

6-D COMMUNICATIONS

9. Supervisor Meegan re Purchase of Time Clocks

Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the purchase of 14 time clocks from EBC, the town’s human resources contractor, so EBC can carry out its professional human resources services to the town.

On the question, Councilman Hart stated the cost for the hardware and installation is $30,000 and will save the town $35,000 to $40,000 annually.

Ayes: All Noes: None Motion Carried

10. Ethics Committee re Letters of recommendation

Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the letters of recommendation from the Ethics Committee concerning the issues involving Councilman Hart and Zoning Board Chairman Timothy Elling.

Ayes: (2) Supervisor Meegan, Councilman Hanley

Noes: None Abstentions: (1) Councilman Hart

Motion Carried

6-E REPORTS

Supervisor Meegan noted receipt of the report on St. Bonaventure Church property from Town Engineer Steven Tanner and stated it will be discussed at a future executive session.

6-F 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 - $420,954.40; Highway Fund - $165,842.25; Special Districts - $19,403.17; Capital Fund - $246,628.50 (voucher #’s 86411 to 88353)

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page six . . .

ISSUES OF THE PUBLIC

GAELIC ATHLETIC ASSOCIATION SOCCER CHAMPIONSHIP

Dave Monolopolus questioned the status of the Gaelic Athletic Association (GAA) Irish soccer group’s proposal for use of the soccer park. Supervisor Meegan responded that Town Attorney John Fenz has been working to put this together, but it has not yet come back to the Town Board for final approval.

SAFETY NET STAKEHOLDERS COALITION

Dave Monolopolus referred to a West Seneca Bee article concerning the Safety Net Stakeholders Coalition and questioned who they are and where they are from.

Councilman Hart responded the members are from several different places, mostly the West Seneca community, and include Lauren Masset, Mary Lou Dietrich and Jeffery Pirrone, the Safety Net Team Supervisor, who is with the O’Shei Foundation. Councilman Hart added that he also attends the meetings.

Mary Lou Dietrich stated the committee is made up of West Seneca residents and those interested in having a community center in town.

Mr. Monolopolus commented he does not think the town can afford to buy St. Bonaventure.

Councilman Hart stated the board members just received the report tonight and it will be discussed after they review it.

Mrs. Dietrich commented the property has a building that can be rented and a building that could possibly be sold, noting she feels the purchase price is a good deal. Mrs. Dietrich asked that the information on prices come back to the committee before it is made public because there are many possible options to look at. She expressed her concern over losing this chance because she believes this is the one building in town that could get kids interested because it has a basketball court.

ETHICS COMMITTEE ISSUE

Dale Clarke questioned if Supervisor Meegan knew Daniel Walsh was Councilman Hart’s cousin prior to his hiring. Supervisor Meegan responded she was aware and Councilman Hart added this was discussed with the board members in executive session prior to the hire and he intended at that time to abstain from voting. Supervisor Meegan further stated the Ethics Committee report was just received this evening but has not yet been reviewed.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page seven . . .

ISSUES OF THE PUBLIC

AMERICORPS PAYMENT

Karen Lucachik questioned the status of the AmeriCorps payments and Supervisor Meegan responded they are current.

PART-TIME EMPLOYEE BENEFITS

Karen Lucachik questioned if part-time employees receive any benefits.

Councilman Hart stated that any part-time employee is entitled to apply for New York State retirement, but there are no other fringe benefits.

Mrs. Lucachik commented the West Seneca School District is offering part-time bus driver jobs that include eligibility for health/dental insurance, paid time off and participation in the New York State retirement system.

Supervisor Meegan responded that New York State law only obligates the town to ask employees if they are interested in joining the New York State retirement system.

Councilman Hart stated the school district may have employee contracts that extend benefits to the bus drivers.

Mrs. Lucachik thought the school district and local government should be under the same umbrella and stated she will present this question to the School Board.

TOWN HALL PARKING LOT PROJECT

Karen Lucachik questioned when the Town Hall parking lot project is scheduled to take place and suggested it begin in the fall when summer camp is over.

Supervisor Meegan responded the project is scheduled to begin after Community Days. There are other issues to face in the fall so July and August were scheduled to complete this two month project.

Mrs. Lucachik commented on the use of vacant school offices by the town and complimented the board members for working with the school district to save money, but expressed her concern with limited parking.

Supervisor Meegan thought the parking will be sufficient and added the town is also working with the school district with regard to purchasing and copying/printing services.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page eight . . .

ISSUES OF THE PUBLIC

OVERTIME/COMPENSATORY HOURS

Karen Lucachik referred to a situation in Cheektowaga regarding additional/compensatory hours outside of the work week and questioned if the board members had looked into this. She further commented that the town needs to look at overtime and think in other directions such as outsourcing sanitation.

Supervisor Meegan responded that hours and compensatory time are contractual and some employees have changed their hours to meet a specific need. Compensatory time is overseen by each department head and the town has taken a different approach with regard to this.

CARRIAGE PARK WALKWAY

Jack Masterman commented on the walkway in Carriage Park that is eroded and has become a mud stream and questioned if anything can be done to fix this. Highway Superintendent Matthew English responded they will be looking to repair this in the spring or summer. Mr. Masterman offered to help with the repair and Mr. English responded he will talk to him about the offer.

ABANDONED HOUSES

Lynn Burgess commented on the abandoned houses in town and stated the value of his house has deteriorated because of the four abandoned homes in his neighborhood.

Supervisor Meegan responded that Doug Busse of the Code Enforcement Office has been working with land banking and has been given permission for two houses. The town is working on this problem, but it is a long process.

Councilman Hart noted the problem is with uncooperative banks and Code Enforcement Officer John Gullo added that the banks are very hard to work with and the town cannot force the banks to sell the properties.

STREET LIGHTS

Lynn Burgess commented on the number of street lights that have been out for over a year and still aren’t fixed, noting he was told that NYSEG eliminated all the repair crews.

Supervisor Meegan responded the town has been doing all they can legally do. NYSEG has responded, but she will make another call in the morning.

Karen Lucachik noted that she spoke with the Public Service Commission and NYSEG and the lights in her area were finally fixed.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page nine . . .

ISSUES OF THE PUBLIC

ILLEGAL PARKING ACROSS SIDEWALKS

Art Haas reported a fifth wheel parked across the sidewalk on Morris Crescent and a truck parked across the sidewalk on French Lea Road. Code Enforcement Officer John Gullo responded he will send someone out to address this and suggested Mr. Haas contact his office immediately when these situations occur.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

GRANT RECEIVED FOR AUTOMATED EXTERNAL DIFIBRILLATORS (AED’S)

Code Enforcement Officer John Gullo stated he received a grant from the Madison McCarthy Cardiac Care Coalition for Children for two automated external defibrillators (AED’s) valued at approximately $5,000.

FLOOD PREPAREDNESS

Code Enforcement Officer John Gullo commented on the slow thaw and thanked the Town Board, Police Department and Highway Superintendent Matthew English for their cooperation. Mr. Gullo added that the long reach excavator worked well and will become part of the budget.

Councilman Hart thanked Mr. Gullo and the Highway and Engineering Departments for addressing the flooding potential throughout the town and suggested getting a permit next year to clean the shoal behind 42 George Drive where the main ice jam was.

Town Engineer Steven Tanner responded that entire area is very shallow and stressed the importance of waiting for recommendations from the Army Corps of Engineers.

TREE ORDINANCE

Town Attorney John Fenz stated he submitted a final draft of the tree ordinance to the sub-committee and they should be submitting it to the Environmental Commission at their next meeting.

RECREATION PROGRAMS

Youth Services Coordinator Lauren Masset reported on the following recreation programs: summer day camp is filling up at a steady rate; swim lesson information will be released by the end of the week; a YES (Youth Engaged in Service) new member orientation will be held on Wednesday, April 1^st, 2015 at 4:30pm. Ms. Masset also noted the 2015 event and facility rental fees will be placed on the agenda for the next Town Board meeting.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2015-06

West Seneca, NY 14224 March 23, 2015

Page ten . . .

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PRINCETON ESTATES LIGHTING

Supervisor Meegan questioned the status of the lights in Princeton Estates. Town Engineer Steven Tanner responded that NYSEG has received all necessary paperwork from the town and they are working to get the lights turned on.

SENIOR CENTER HEALTH AND SAFETY FAIR

Senior Recreation Therapist of Senior Services Mary Josefiak stated she is working with Mitch Martin of Senator Gallivan’s office on putting together a health and safety fair at the senior center.

HIGHWAY DEPARTMENT VEHICLE LOG BOOKS

Councilman Hanley noted he reviewed the Highway Department’s vehicle log books and found them to be in order.

EXECUTIVE SESSION

Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to executive session at 8:00 P.M. to discuss issues with hydrants and Erie County Water Authority, street lights, AmeriCorps and five personnel/contractual issues.

Ayes: All Noes: None Motion Carried

The board members returned from executive session at 10:10 P.M.

ADJOURNMENT

Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 10:10 P.M.

Ayes: All Noes: None Motion Carried

_______________________________________

JACQUELINE A FELSER, TOWN CLERK

Printable Version of Minutes