Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer dedicated to the victims and families affected by the Boston Marathon bombing followed by the Pledge of Allegiance to the Flag led by Chief Gehen.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
John M. Rusinski 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 Mary Wiles and Joseph Pede.
9-A MINUTES TO BE APPROVED
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the April 1, 2013 work session.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2013-08 of April 1, 2013.
Ayes: All Noes: None Motion Carried
9-B LEGAL ITEMS
1. Motion by Supervisor Meegan, seconded by Councilman Rusinski, 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 2013-03, MODIFICATION TO CHAPTER 115, VEHICLE AND TRAFFIC” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to open the public hearing.
Ayes: All Noes: None Motion Carried
Town Attorney Shawn Martin stated that adoption of this local law will prohibit parking on the north side of Seneca Street beginning at the westernmost point of the property located at 4620 Seneca Street eastward a distance of 200 feet and this is subject to authorization by Erie County.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page two . . .
9-B LEGAL ITEMS
1. (continued)
Supervisor Meegan noted that concerns have been expressed regarding the current parking situation along this area of Seneca Street that creates a sight problem when citizens exit the Senior Citizens Center.
No comments were received from the public.
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt Local Law #2013-03 modification to Chapter 115 Vehicles & Traffic, §115-9 Parking Prohibited in Designated Locations, addition of: (163) On the north side of Seneca Street, beginning at the westernmost point of the property located at 4620 Seneca Street eastward a distance of 200 feet.
Ayes: All Noes: None Motion Carried
9-C COMMUNICATIONS
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1. Supervisor Meegan re National Fish & Wildlife Foundation Grant
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute two additional independent contractor agreements under the National Fish and Wildlife Foundation Grant in the amount of $4,875 for the Outreach Coordinator (195 hour @ $25 per hour) and $5,000 for the “Know Your Backyard” video guide, noting the entire request is being funded from the grant which has been previously approved and is fully secured.
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On the question, Councilman Hart questioned the backyard video guide and what an outreach coordinator does.
Evelyn Hicks of the Erie County Environmental Management Council responded this grant will establish a volunteer corps for the ongoing remediation work at the oxbow wetland. As part of an effort to secure the volunteer corps, they felt that consistency, information and training were essential going forward. Production of an educational video outlining the oxbow wetlands, problems encountered with invasive species and remediation efforts being taken will help ensure consistency for training purposes. The $5,000 cost includes the writing, production and scripting of the video, all of which will be paid for with grant money. Due to a
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page three . . .
9-C COMMUNICATIONS
1. (continued)
large workload, the original project coordinator position and responsibilities are now shared by three individuals. The outreach coordinator reaches out to West Seneca High Schools and the alternative learning center to get students and teachers involve with their earth science programs and encourage them to learn about features that exist in our town. A large planting will take place on April 27th at the oxbow wetlands and as the summer progresses the focus will be on the removal of invasive plant species. Going forward the coordinators will reach out to adjacent property owners requesting they take care of their portion of the oxbow wetlands. Developing a volunteer base consisting of West Seneca residents is also a goal of the future.
Councilman Rusinski questioned the length of the video and if it can be linked to the town’s website.
Mrs. Hicks responded the video is approximately 20 minutes in length and could be linked to the website if it has the capacity.
Ayes: All Noes: None Motion Carried
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2. Supervisor Meegan re Re-designation of Evelyn Hicks to the Erie County Environmental Management Council
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to re-designate Evelyn Hicks to serve as the Town of West Seneca representative on the Erie County Environmental Management Council for a two year term expiring May 31, 2015.
Ayes: All Noes: None Motion Carried
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3. Supervisor Meegan re Retirement of Dennis Luterek
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Dennis Luterek and terminate him as Bookkeeper to the Supervisor effective April 27, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
On the question, the board members thanked Mr. Luterek for his years of service to the town and wished him the best in his retirement.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 April 15, 2013
Page four . . .
9-C COMMUNICATIONS
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4. Town Engineer re Bid date for ice arena flooring improvements
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize re-bidding of the Ice Arena Flooring Improvements Project and set a bid date of May 22, 2013 at 10:00 AM for receipt of bids, noting the previously authorized award was contingent upon grant approval which will be approved by New York State in the coming weeks.
Ayes: All Noes: None Motion Carried
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5. Town Engineer re Additional hydrant on Larkwood Road
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the addition of one (1) hydrant for Larkwood Road; and further, acknowledge and resolve to pay the additional hydrant fee that will be charged by Erie County Water Authority in the amount of $160.80 per hydrant, per year.
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On the question, Councilman Rusinski questioned if Reserve Fire Company was notified of this additional hydrant fee.
Code Enforcement Officer John Gullo stated he sent a letter but had not received a response.
Councilman Hart questioned what will be presented at the meeting scheduled for Wednesday, April 17th regarding the Greenbranch, Larkwood, Woodmar & Cardinal Lane Reconstruction Project.
Town Engineer Steven Tanner responded he will outline what will be taking place on this project and drawings will be available to view. The remainder of the meeting will be an open forum for residents to ask questions and voice any concerns they might have. Mr. Tanner stated the project involves full depth reconstruction with replacement of portions of the storm sewer and water systems, repairs to the sanitary sewer system and total replacement of the watermain on Larkwood Road.
Ayes: All Noes: None Motion Carried
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6. Town Engineer re Pool Rehabilitation Project, change order request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a change order for William L. Watson, Co., Inc, 8064 North Main Street, Eden, in the amount of $64,270 for replacement of piping from the pool filter to the pool pump room along with the frame and doors that allow access to the pool’s filter system, noting funds are available from previously bonded recreation projects.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page five . . .
9-C COMMUNICATIONS
6. (continued)
On the question, Councilman Rusinski questioned the reason for a change order when the project was done last year and why the town did not request proposals for this work.
Town Engineer Steven Tanner responded the work is time sensitive and will not be complete for the opening of the pool if bids are requested. Last summer when the injector head was replaced, it was discovered the pipe holding the injector head was only 1/8” instead of the required 3/8”. Requesting bids is a process that will take a month, possibly jeopardizing the opening of the pool. Pricing from William L. Watson, Co., Inc. for the piping was recently received and thought to be fair. The actual work will take approximately 4 - 5 weeks to complete.
Councilman Rusinski stated he will reluctantly support this to ensure the timely opening of the pool; however going forward he feels this type of work should be put out to bid.
Mr. Tanner responded the town could shorten the time frame by declaring this an emergency bid and solicit three quotes instead of approving the change order.
Councilman Hart stated he would be more comfortable declaring this an emergency bid and solicit quotes.
Town Attorney Shawn Martin stated the town can proceed with an emergency bid; however, they need to consider that William L. Watson Company’s bid is already public record. He suggested moving forward with the emergency bid and award the bid at an amount not to exceed $64,270.
Motion by Councilman Rusinski, seconded by Councilman Hart, to declare an emergency bid for replacement of piping from the pool filter to the pool pump room along with the frame and doors that allow access to the pool’s filter system and award the bid not to exceed $64,270.
Ayes: All Noes: None Motion Carried
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7. Town Engineer re Intern position request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to create the position of Engineering Intern and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Councilman Rusinski questioned the hourly rate for this position.
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1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page six . . .
9-C COMMUNICATIONS
7. (continued)
Town Engineer Steven Tanner recommended an hourly rate of $12 per hour and advertising for a college student with 2 -3 years of civil engineer experience, noting he had spoken with some UB students that are West Seneca residents.
Ayes: All Noes: None Motion Carried
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8. Highway Supt. re Purchase requiring Town Board approval
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve the purchase of one (1) 5900301 Ferris mower with a suspension seat kit at a total cost of $9,320 from Schaub Equipment Rental Inc., 2902 Seneca Street, West Seneca, noting this purchase is off the current New York State Contract List and funding is available in the Building and Grounds equipment line.
Ayes: All Noes: None Motion Carried
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9. Highway Supt. re Status change for part-time seasonal laborers in Sanitation Department
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of the following part-time sanitation laborers to part-time seasonal effective April 15 – September 15, 2013:
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Colin Brown Andrew Herbeck Chris Nowinski George Case
Jamie Lang Jeffrey Roll Timothy Czuprynski Andrew Maj
Derek Sleger Joseph Demma James Maslanka Jonathan Slominski
at a rate of $8/HR 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. Highway Supt. re Part-time seasonal laborers in Sanitation Department
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of Robert Walsh from part-time laborer in the Buildings and Grounds Department to part-time seasonal laborer in the Sanitation Department effective April 15 – September 15, 2013 at a rate of $8/HR and further, appoint Nicholas Gugliuzza as part-time seasonal laborer in the Sanitation Department effective April 15 – September 15, 2013 at a rate of $8/HR 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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1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page seven . . .
9-C COMMUNICATIONS
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11. Highway Supt. re Status change for S. Amoia to seasonal laborer in Buildings & Grounds Department
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to change the status of Steven Amoia, Jr. from part-time laborer in the Recreation Department to part-time seasonal laborer in the Building and Grounds Department effective April 22 – September 22, 2013 at a rate of $9/HR and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Councilman Hart questioned the hiring of the Buildings & Grounds foreman’s son.
Highway Supt. Matthew English responded Steven Amoia, Jr. has been a good employee who previously worked with Mrs. Josefiak in the Recreation Department and has shown an interest in working in the Buildings and Grounds Department.
Ayes: All Noes: None Motion Carried
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12. Highway Supt. re Termination of G. Mingle as part-time laborer in Buildings & Grounds Department
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Gerard Mingle as part-time laborer in the Building and Grounds Department effective April 8, 2013 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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13. Highway Supt. re Status change for part-time seasonal laborers in Buildings & Grounds Department
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of Rick Mingle and Harold Schwartz from part-time Buildings and Grounds laborers to part-time seasonal at a rate of $12/HR; and further change the status of the following part-time Buildings and Grounds laborers to part-time seasonal effective April 22 – September 22, 2013:
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James Brady Joseph Kropczynski John Radder Thomas Yochum
Kyle Dominczak Kerry Painter Ryan Schrader Jacob Hiam
Michael Pauly Mitchell Smith
at a rate of $9/HR 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 #2013-09
West Seneca, NY 14224 April 15, 2013
Page eight . . .
9-C COMMUNICATIONS
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14. Town Clerk re Catalyst Express race for a cause
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the request from Catalyst Express to hold their 5th annual Race for a Cause on Friday, May 3, 2013 beginning at 6:30 PM on designated streets in the Town of West Seneca.
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On the question, Councilman Hart questioned if Chief Gehen had given his approval.
Highway Supt. Matthew English stated that he and Asst. Chief Daniel Denz had reviewed and approved this event.
Ayes: All Noes: None Motion Carried
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15. Town Clerk re Appointment of James Manley as part-time seasonal Records Clerk
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint James Manley as part-time seasonal Records Clerk at a rate of $18/HR effective April 16 – June 30, 2013; noting the current Local Government Records Management Improvement Fund grant allows up to 85 hours for a part-time Records Clerk and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Councilman Rusinski questioned if the salary is paid through the grant.
Town Clerk Jacqueline Felser responded that the salary was specified in the grant and will be paid entirely through the grant.
Ayes: All Noes: None Motion Carried
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16. Finance Director re 2012 year end budget transfers
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the attached list of budgetary transfer requests for 2012 for the Finance Department.
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On the question, Councilman Hart stated that these are administration transfers and they are completely within the budget.
Finance Director Laura Landers stated these are year end transfers for the fiscal year ending 2012 and no additional fund balance was appropriated.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page nine . . .
9-C COMMUNICATIONS
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17. Finance Director re Appointment of Jaimie Kaminski as Account Clerk Typist
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Jaimie Kaminski as part-time clerk and appoint Jaimie Kaminski as Account Clerk Typist effective April 16, 2013 at an annual salary of $29,268.22, Group 2, Step 5 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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18. Senior Recreation Therapist of Sr. Services re Status change for Marirose Bless to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Food Service Worker Marirose Bless to part-time seasonal effective May 1 – June 28, 2013 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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19. Town Justices re Budgetary amendment request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to increase revenue account #1.001.3021.3333 and increase expense account #1.1110.0200.3333 in the amount of $7,895 each, noting that the source of funding for this request is grant money awarded to the Town Justice Court office from the NYS Justice Court Assistance Program.
Ayes: All Noes: None Motion Carried
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20. Finance Director re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve a budgetary transfer request of $375 from Contingency Acct. #1.1990.0480 to Patriotic Celebrations Acct. #1.7550.0474 to restore funding to full level comparable to prior years funding.
Ayes: All Noes: None Motion Carried
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21. Chief Gehen re Retirement as Chief of Police
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Edward F. Gehen and terminate him as Chief of Police effective April 27, 2013 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Chief Gehen has served the town more than 32 years and the last 12 years as Chief of Police.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page ten . . .
9-C COMMUNICATIONS
21. (continued)
On the question, the board members wished Chief Gehen well and thanked him for his years of service, noting he has always been the epitome of professionalism and will be missed.
Chief Gehen thanked all past and present department heads, board members, members of the Police Department, government officials and the residents of West Seneca who he has had the privilege of serving.
Supervisor Meegan read a proclamation declaring April 26, 2013 as Edward F. Gehen, Jr. Day in the Town of West Seneca.
Ayes: All Noes: None Motion Carried
9-D REPORTS
· Jacqueline A. Felser, Town Clerk’s report for March 2013 received and filed.
· John Gullo, Code Enforcement Officer’s plumbing report for March 2013 received and filed.
9-E 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 - $328,985.99; Highway Fund - $113,797.29; Special Districts - $141,006.40 (voucher #’s 77939 - 78072); Trust & Agency Fund - $33,266.40 (voucher #’s 78047–78109); Capital Fund - $94,178.00 (voucher #’s 77618–77620)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
REQUEST FOR SIDEWALKS ON BURCH AVENUE
Linda Toy commented on the lack of sidewalks at the end of Burch Avenue near Manhasset Street, stating it is a dangerous situation when she has to walk in the road while taking her grandchildren to Tim Russert Park. Crossing Indian Church Road is also a concern.
Supervisor Meegan responded that sidewalk installation or replacement is included in the town’s road reconstruction projects. Indian Church Road is a county road so any requests for crosswalks should be referred to County Legislator Joseph Lorigo, but it can first be referred to the town’s Traffic Committee who will in turn make a recommendation to the county.
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1250 Union Road Minutes #2013-09
West Seneca, NY 14224 April 15, 2013
Page eleven . . .
ISSUES OF THE PUBLIC
MINIMUM WAGE INCREASE
Beverly Leising questioned if the town budget will be affected with the minimum wage going up to $9/HR and if hiring someone under the age of 20 at that rate will entitle the town to receive a rebate. Mrs. Leising further questioned if this could generate lawsuits due to concerns about prejudice.
Finance Director Laura Landers responded the budget will absolutely be affected by the increase and it is her understanding that the town will receive a rebate for hiring under the age of 20.
Town Attorney Shawn Martin responded that anyone can file a lawsuit, but that does not guarantee it will be successful. The town will merely be complying with a law that was enacted by NYS.
Mrs. Leising questioned how this will affect the lifeguard trainer who is over the age of 21 and specifically trained to work with new lifeguards.
Senior Recreation Therapist of Sr. Services Mary Josefiak responded that this employee currently makes more than the new minimum wage and will not be affected.
GARBAGE TOTES
Beverly Leising questioned the garbage tote size and if the town is working with Lackawanna regarding the price.
Highway Supt. Matthew English referred to the garbage totes on display in the room and pointed out the 65 and 95 gallon size.
Supervisor Meegan stated that conversations concerning price are still taking place with Lackawanna and they plan to move forward with a request for proposals (rfp) along with creation of a local law.
SIDEWALKS ON QUEENS DRIVE
Beverly Leising stated she recently walked the Queens Drive neighborhood and noticed that many of the sidewalks have not been repaired.
Code Enforcement Officer John Gullo responded he personally visited two houses and informed the homeowners what needed to be repaired. This issue is currently being reviewed, and if necessary, letters will be sent.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 April 15, 2013
Page twelve . . .
ISSUES OF THE PUBLIC
INTERN POSITION
Dave Kims referred to the intern position on the agenda and commented that he thought most interns in the private sector are willing to work unpaid in order to gain experience.
Town Engineer Steven Tanner stated he works for Clark Patterson Lee and all interns hired by them are paid.
Finance Director Laura Landers stated she works for Freed Maxick CPA and all interns hired by them are paid.
Councilman Hart stated he worked for the New York State Comptrollers Office and all interns were paid.
POOL REPAIRS
Bill Hanley questioned if the steel pipe being replaced at the pool will be protected from future deterioration.
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Town Engineer Steven Tanner responded the steel pipe is being replaced with Schedule 80 PVC which requires no additional protection.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
CHIEF GEHEN RETIREMENT
Department heads and board members offered best wishes to Chief Gehen on his retirement and Councilman Rusinski spoke on behalf of the firemen and thanked Chief Gehen for his 32 years of service.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to recess to Executive Session at 8:00 P.M. to discuss two contract matters and an employee issue.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 8:35 P.M.
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West Seneca, NY 14224 April 15, 2013
Page thirteen . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ICE RINK CONCESSION
Motion by Supervisor Meegan, seconded by Councilman Rusinski, to waive one month’s rent for Tom Kaleta for the ice rink concession.
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:35 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK