Town Board Minutes
1250 Union Road Minutes #2015-11
West Seneca, NY 14224 June 1, 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 Councilman Eugene Hart.
ROLL CALL: Present - Sheila M. Meegan Supervisor
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 Joan Backus, Joseph Feeley and William Rusinski.
11-A MINUTES TO BE APPROVED
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2015-10 of May 21, 2015.
Ayes: All Noes: None Motion Carried
DANFORTH PRESENTATION
TR Cassamente of John W. Danforth Company gave a power point presentation updating the Town Board on the energy efficiency work completed in the town. The ice rink was completely restored and included installation of new high efficiency motors and refrigeration equipment, essentially giving the town a new ice rink. Sewer pump/lift stations were inspected and some of the larger, improperly-sized pumps were replaced with more efficient ones. Also installed was a supervisory control and data acquisition (SCADA) system which allows for remote monitoring and early awareness of warning signs. Sewer inflow & infiltration remediation was done which included inspecting and cleaning the sewer pipes. Other energy improvements completed include energy efficient replacement lighting in all the buildings as well as five hundred street lights updated with LED bulbs. Only those lights owned by the town can be updated to LED and a purchase agreement with NYSEG has been submitted to the Public Service Commission. Once approved, the town will take ownership of approximately 4000 NYSEG-owned street lights and continue with the transition to LED lighting. Segment 1 of this project was completed in June 2013 consisting of ice rink and sewer updates and Segment 2 is currently ongoing and consists primarily of street lighting updates, totaling $13.1 million in infrastructure improvements thus far. These projects are completely funded with existing utility and operational budgets. Instead of paying utility companies, money is invested in upgrading and modernizing the town’s infrastructure and there is guaranteed savings.
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West Seneca, NY 14224 June 1, 2015
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DANFORTH PRESENTATION (continued)
Councilman Hart questioned if all the streetlights will be owned by the town.
Mr. Cassamente responded right now the streetlights remain the responsibility of NYSEG. The town will soon own all the streetlights except for a small portion owned by National Grid and they will not sell.
Councilman Hart questioned how much money is being saved.
Town Engineer Steven Tanner responded the spending was already figured into the budget for repairs that would have been done anyway resulting in $20,000 in savings. He added the goals of this project have been met thus far.
11-B LEGAL ITEMS
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 NUMBER 5 FOR THE YEAR 2015. THE PROPOSED LOCAL LAW SEEKS TO MODIFY CHAPTER 110 – TREES, RELATING TO TREE CONSERVATION” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
Ayes: All Noes: None Motion Carried
Karl Spencer, Chairman of the Tree Subcommittee, stated they decided to undertake this issue based on resident concerns over property being clear cut by developers and the desire to maintain the aesthetics of our town. He commented the current ordinance is outdated and this revision helps strengthen the existing ordinance by avoiding and eliminating past problems. The new ordinance will require developments over one acre, both public and private, to consult with an International Society of Arboriculture (ISA) board-certified arborist. A tree inventory and subsequent tree plan must be presented to the Planning Board before any work can be done. The West Seneca Environmental Commission will be consulted on an advisory basis. The new ordinance requires that trees measuring over 4 inches in diameter when measured 4.5 feet above the ground shall be preserved. If a tree cannot be saved or replacement cannot be made on site, the developer must provide a mitigation plan or financial agreement for replacement elsewhere in the town. Mr. Spencer further stated the new tree ordinance provides clarification without removing anything from the current ordinance and gives the Planning Board a better tool to preserve trees and guide development in town.
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11-B LEGAL ITEMS
1. (continued)
West Seneca Environmental Commission Chairman Evelyn Hicks stated various sources were consulted while revising the tree ordinance, including the American National Standards Industry (ANSI) which provides clear guidelines concerning trees. The environmental commission will work with the Planning Board, Code Enforcement Officer and developers to come up with a list of people in the area that will advise the Planning Board on any significant trees at a project site and the use of tree protection fencing with the cost paid by the developer. Adoption of the new tree ordinance will help preserve trees and increase property values along with additional tree conservation benefits including air quality, energy savings, CO2 reduction and stormwater run-off. They will also be recommending a list of native trees to be used and no site should have more than a certain number of the same type of tree on it.
Hemlock Drive resident, Lynn Jentz, stated her property backs up to the Camelot II development and commented the proposed tree ordinance is a good first step, but she believes the main issue is with developers following the plan and expressed her concern about enforcement of the ordinance.
Town Attorney John Fenz responded the tree ordinance will be considered on all issues before the Planning Board. The environmental commission will advise the Planning Board and issue their determination to guide them on a project so it is “tree neutral.” The final certificate of occupancy will depend upon compliance with the Planning Board’s provisions.
Mrs. Hicks stated the tree ordinance will allow development to be done in a thoughtful manner with regard to all environmental issues and will discontinue the practice of clear cutting entire parcels.
Code Enforcement Officer John Gullo stated the new ordinance gives his department the tools they need for enforcement.
Mrs. Jentz was in favor of the proposed ordinance and commented on the removal of trees in her area, noting that wildlife has been displaced, noise has increased and the environment they chose to live in has changed.
Mr. Fenz noted typographical errors in the tree ordinance that will be corrected in the final version including: §110-2 Diameter at Breast Height - 6’ shall be changed to 4.5’; §110-2 Trees – diameter at breast height shall be 4” or more; §110-15a - the last word is “permit”; and numbering of sections shall read “§110-16 Severability” & “§110-17 When Effective.”
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West Seneca, NY 14224 June 1, 2015
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11-B LEGAL ITEMS
1. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution:
WHEREAS, the Town Board of the Town of West Seneca, as the lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conversation Law, has reviewed Part I of the Short Environmental Assessment Form (“EAF”) prepared by the Town Attorney in connection with the proposed Local Law 2015-05: Chapter 110 Tree Conservation for the purpose of preserving and enhancing the value of trees in the community (“Local Law 2015-05”), has reviewed the draft completed Parts 2 and 3 of the EAF analyzing the potential for the Local Law 2015-05 to result in any significant adverse environmental impacts, and has otherwise taken a hard look at the potential environmental impacts using the criteria specified in 6 NYCRR 617.7(c); and
WHEREAS, upon such review the Town Board has not identified any potentially significant adverse environmental impacts associated with the proposed Local Law 2015-05, has determined that no Environmental Impact Statement is necessary and that a Negative Declaration is therefore appropriate; now, therefore, be it
RESOLVED, that pursuant to 6 NYCRR 617.7(a) the Town Board does hereby adopt a Negative Declaration as set forth in Part III of the EAF expressly incorporated herein with respect to the Project; and be it further
RESOLVED, the Town Board hereby adopts Local Law 2015-05.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2.
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 NUMBER 6 FOR THE YEAR 2015. THE PROPOSED LOCAL LAW SEEKS TO MODIFY CHAPTER 25, PERSONNEL POLICIES RELATING TO BACKGROUND CHECKS AND PHYSICALS” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
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11-B LEGAL ITEMS
2. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hanley, to open the public hearing.
Ayes: All Noes: None Motion Carried
Town Attorney John Fenz stated this local law revises the drug free workplace policy and requires returning employees to repeat drug testing. Background checks and physicals will also be required for all employees including seasonal help.
No comments were received from the public.
Motion by Supervisor Meegan, seconded by Councilman Hart, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt Local Law No. 6 for the Year 2015, amending Chapter 25, Personnel Policies relating to background checks and physicals.
Ayes: All Noes: None Motion Carried
*APPENDICES*
3.
Proofs of publication and posting of legal notice: “OF THE BOND RESOLUTION OF THE TOWN OF WEST SENECA, NEW YORK, ADOPTED MAY 11, 2015, APPROPRIATING $8,000,000 FOR THE INCREASE AND IMPROVEMENT OF WATER SYSTEM FACILITIES FOR WATER DISTRICTS 1,2,3,4,6,7,8 AND 9, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,600,000 BONDS TO FINANCE A PORTION OF SAID APPROPRIATION; AND AUTHORIZING APPLICATION OF $400,000 NEW YORK STATE LOCAL GOVERNMENT EFFICIENCY GRANT FUNDS EXPECTED TO BE RECEIVED BY THE TOWN ON BEHALF OF THE DISTRICTS TO BE EXPENDED TOWARDS THE COST OF SAID OBJECT OR PURPOSE” in the Town of West Seneca, received and filed.
ETHICS COMMITTEE RECOMMENDATIONS
1. Motion by Councilman Hanley, seconded by Supervisor Meegan, to adopt the following resolution:
WHEREAS, the Town of West Seneca Board of Ethics received a complaint with respect to certain actions taken by Councilman Eugene Hart when voting upon a cousin being appointed to a paid position with the Town; and
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West Seneca, NY 14224 June 1, 2015
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ETHICS COMMITTEE RECOMMENDATIONS (continued)
WHEREAS, the Board of Ethics determined that a violation occurred pursuant to the Code of Ethics §13-3 (A)(5), which states a Town official shall not use his official position to take any action in a manner which he or she knows may result in a financial benefit to a relative; and
WHEREAS, at its April 20, 2015 meeting the Town of West Seneca Board of Ethics determined: 1) Councilman Hart’s public apology at a Town Board Meeting was sufficient; and 2) Councilman Hart shall complete eight (8) hours of government training in ethics, at his discretion, to be completed within six (6)months of the board’s decision; now, therefore, be it
RESOLVED, that the Town of West Seneca Town Board accepts the recommendation of the Board of Ethics, noting that Mr. Hart has previously publicly apologized for the incident and completed eight (8) hours of ethics training and no further action is required by Councilman Hart with regard to resolving this matter.
On the question, Councilman Hart stated he will be abstaining on this vote and commented he did not realize he was violating the code at the time of the appointment.
Town Attorney John Fenz referred to the language in the Town Code involving descendants of grandparents and stated it does not specifically state that one cannot vote upon a matter involving a second cousin.
Ayes: (2) Councilman Hanley, Supervisor Meegan Noes: None
Abstentions: (1) Councilman Hart Motion Carried
2. Motion by Councilman Hanley, seconded by Supervisor Meegan, to adopt the following resolution:
WHEREAS, the Town of West Seneca Board of Ethics received a complaint with respect to certain actions taken by Zoning Board of Appeals Chairman Timothy Elling when he received Super Bowl tickets from Dr. Hormoz Mansouri; and
WHEREAS, after gathering all relevant facts on the matter and due deliberation, on April 20, 2015 the Board of Ethics determined by a majority vote that Mr. Elling did not knowingly violate the Town of West Seneca Code of Ethics; now, therefore, be it
RESOLVED, there is a finding of no violation and the Town Board recommends that Mr. Elling recuse himself on those matters before the Zoning Board of Appeals that involve Dr. Hormoz Mansouri.
Ayes: All Noes: None Motion Carried
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11-C COMMUNICATIONS
1. Councilman Hart re Lions Club Concert July 30, 2015 |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the Lions Club to hold a hot dog roast to coincide with the Terry Buchwald concert they are hosting on July 30, 2015 at the Lions Band Shell with use of the ice rink in case of rain, noting the Lions will obtain all necessary permits from Erie County and insurance will be provided through Lions International. |
On the question, Councilman Hanley stated he is an officer of the Lions Club and will be abstaining from voting on this motion, although Town Attorney John Fenz advised it was not a conflict. Councilman Hart is also a Lion, but not an officer.
Councilman Hart commented the Lions are beginning the process of moving functions to the band shell since the plaza is no longer hosting events.
Ayes: (2) Supervisor Meegan, Councilman Hart Noes: None
Abstentions: (1) Councilman Hanley Motion Carried
2. Town Attorney re Assessment Settlement – Advance Auto Parts, Inc. |
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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 Advance Auto Parts, Inc. and the Town of West Seneca.
Ayes: All Noes: None Motion Carried |
3. Town Attorney re Assessment Settlement -50 Ransier, LLC
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Town Attorney to execute the Consent Order to conclude the real property tax assessment challenge litigation between 50 Ransier, LLC and the Town of West Seneca.
Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 June 1, 2015
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11-C COMMUNICATIONS
4. Town Attorney re Court Officer Designation
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached resolution, pursuant to General Municipal Law §209-v, authorizing the Town of West Seneca Police Department to employ retired former members of the department for purposes of protecting publicly owned property and designating these security officers as peace officers pursuant to New York State Criminal Procedure Law §2.20.
Ayes: All Noes: None Motion Carried *APPENDICES* |
5. Town Engineer re Change Order #2 – 48” Trunk Sewer Installation |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve change order #2 to CATCO in the amount of $124,669.40 for the 48” Trunk Sewer Installation project along Orchard Park Road, noting this is the final amount negotiated with the contractor for delays and conflicts during the course of completing the project.
Ayes: All Noes: None Motion Carried |
6. Town Engineer re Change Order #3 – 48” Trunk Sewer Installation |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve change order #3 to CATCO in the amount of $18,668.46 for the 48” Trunk Sewer Installation project along Orchard Park Road, noting this change order is for damages caused during the November snowstorm and represents the amount not paid for by insurance and does not include stranded equipment for which the contractor was asking payment. |
On the question, Councilman Hanley stated the contractor was asking for large extras originally totaling $260,000. The town saved $126,000 overall because of the efforts of Town Engineer Steven Tanner and Town Attorney John Fenz.
Ayes: All Noes: None Motion Carried
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11-C COMMUNICATIONS
7. Town Engineer re Hiring of Anthony Buccella – Summer Intern/Basement Inspections
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Anthony Buccella as part-time summer help in the Engineering Department effective June 2 - August 14, 2015 at a rate of $12/HR and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that funding for this position is available in budget line 1.1440.0149.
Ayes: All Noes: None Motion Carried |
8. Highway Sup’t re Appointment of Madelyn Sheehan as Part-time Seasonal Laborer |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Madelyn Sheehan as part-time seasonal laborer in the Highway Department at a rate of $9.00 per hour effective June 3 – August 28, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
9. Chief Denz re Warrant Clerk Resignation |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the resignation of Ethan Murphy as Warrant Clerk effective May 18, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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10. Chief Denz re Attendance at NYS Chiefs of Police Training Conference
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the attendance of Chief Daniel Denz at the New York State Chiefs of Police training conference, July 12-16, 2015 in Saratoga Springs, New York, noting there are sufficient funds budgeted in the 2015 police training courses line item (1.3120.0459) to cover the expense for this annual training that he routinely attends. Ayes: All Noes: None Motion Carried |
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11-C COMMUNICATIONS
11. Chief Denz re Status Change for Public Safety Dispatcher John Pingitore to Part Time Seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time Public Safety Dispatcher (PSD) John Pingitore to part-time seasonal effective June 1-30, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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12. Code Enforcement Officer re Temporary Specialty Sign at 53 Langner Road |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the placement of a temporary specialty sign at the residence at 53 Langner Road during the month of October, noting the sign is approximately 4 feet by 8 feet and the permit fee will be waived.
Ayes: All Noes: None Motion Carried
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13. Youth Service Coordinator re Gary Gaiser Elementary Cross Country Run |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the use of Sunshine Park by West Seneca School District for the annual Gary Gaiser Elementary Cross Country Run on Saturday, October 3, 2015 between 7:00 – 11:30 AM, noting this is contingent upon West Seneca Central School District providing a proper certificate of insurance no less than ten days prior to the event.
Ayes: All Noes: None Motion Carried
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14. Youth Service Coordinator re Pay Rate and Status Change for Michael Talluto |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a rate increase for Michael Talluto to $13.50/hour; and further, change his status to part-time seasonal effective June 2 - August 30, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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11-C COMMUNICATIONS
15. Youth Service Coordinator re Summer Program Appointments
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the following summer program appointments: |
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Re-appoint Thomas Keenan and Joan Jordan as part-time seasonal bus drivers at a rate of $10.75/hour effective June 2 - August 20, 2015
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Appoint Michael Aures as part-time seasonal bus driver at a rate of $10.60/hour effective June 2 - August 20, 2015
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Appoint/re-appoint the attached lists of part-time seasonal recreation attendants and lifeguards at the corresponding rates effective June 2 - August 30, 2015
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting recreation attendants will be paid from Salary of Other Employees-Part Time (account line 1.7140.0149) and lifeguards will be paid from Salary of Laborers-Part Time (account line 1.7180.0149).
Ayes: All Noes: None Motion Carried
*APPENDICES*
16. Town Assessor re Attendance of Erik Finbar at NYS Assessor’s Association training class
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Erik Finbar to attend a commercial/industrial training class through the New York State Assessor’s Association at Cornell University, Ithaca, New York, July 12-17, 2015 with the total cost not to exceed $1,000 which is available in the department training budget line (1.1355.0414).
Ayes: All Noes: None Motion Carried |
17. Finance Department re Closure of Capital Projects with deficit cash balance
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing closure of capital projects with a deficit cash balance; and further, authorize transfer of $28,464 and $123,345 of fund balance from the General Fund and Highway Fund, respectively, to reimburse the Capital Projects Fund for the deficit projects identified.
Ayes: All Noes: None Motion Carried *APPENDICES* |
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11-C COMMUNICATIONS
18. Finance Department re Closure of Capital Projects with excess cash balance |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution authorizing closure of capital projects with an excess cash balance; and further, authorize use of excess cash for repayment of short-term debt principal and transfer excess cash to appropriate other fund balance accounts.
On the question, Town Engineer Steven Tanner stated funds leftover from the Greenbranch Road project will be used for emergency road reconstruction of Heather Hill Drive, noting the bond was written so it could be used for any road deemed necessary by the Town Board.
Ayes: All Noes: None Motion Carried *APPENDICES* |
19. Town Engineer re Change order #1 for Stairs at Burchfield Center |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve change order #1 in the amount of $6000 for stairs with handrail leading from the parking lot toward the Burchfield Center.
Ayes: All Noes: None Motion Carried |
11-D 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 - $15,437.64; Highway Fund - $5,666.50; Special Districts - $30,973.30; Capital Fund - $103,627.90 (voucher #’s 89082-89242); Trust & Agency Fund - $66,814.25 (voucher #’s 89295-89333)
Ayes: All Noes: None Motion Carried
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
FISHER ROAD AND LANGNER ROAD BRIDGE CLEANING
Supervisor Meegan stated that bridges on Fisher Road and Langner Road will be cleaned tomorrow.
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
POLICE DEPARTMENT UPDATE
Chief Denz stated he was invited to speak at a school board meeting to discuss an agreement allowing the Police Department access to cameras at all schools. This will assist patrols when responding to calls during and after school hours. He further commented that West Seneca has been noted by BOCES as the benchmark community throughout New York State for the positive relationship between the Police Department and school system.
Councilman Hart referred to recent controversy leading to riots in other communities and questioned the preparedness of our Police Department. Chief Denz responded in-service training provided by Central Police Services training academy is ongoing and includes state mandated diversity training for all supervisors.
RECREATION DEPARTMENT UPDATES
Youth Service Coordinator Lauren Masset stated there are nine spots remaining for week one of summer day camp with waiting lists for all other weeks. A “Mommy and Me” swimming class for children 24-48 months has been started and Teen Night will take place on June 19th at 7:00 P.M. Free Tai Chi classes will be held at the Band Shell on August 4th and August 11th at 5:45 P.M. Ms. Masset further noted they are looking for sponsors for movie nights.
Chief Denz noted that Ms. Masset requested help from the Police Department to ensure the entire summer day camp staff is CPR and first aid certified.
BID DATES FOR UPCOMING PROJECTS
Town Engineer Steven Tanner stated they will be asking for Town Board approval for bid dates for several projects including the current water project, Phase 4 sewer lining and sewer replacement in the area of the former Houghton College.
RESTROOM RENOVATION AT SENIOR CENTER
Senior Recreation Therapist of Senior Services Mary Josefiak noted reconstruction has started on the restrooms at the senior center.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:40 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK