Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
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 Highway Supt. Matthew English.
ROLL CALL: Present - Sheila M. Meegan Supervisor
John M. Rusinski Councilman
Eugene P. Hart 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 Honorable Frank Sedita Jr., Joseph Reid, Ann Marie Neenan and Theresa Lukis.
14-A MINUTES TO BE APPROVED
· Motion by Supervisor Meegan, seconded by Councilman Rusinski, to approve minutes from the June 10, 2013 work session.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes #2013-13 of June 10, 2013.
On the question, Councilman Hart corrected Item #12 to read part-time laborer.
Ayes: All Noes: None Motion Carried
14-B COMMUNICATIONS
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20. Chief Denz re Appointment of Edward Baker as Police Captain
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Edward A. Baker Jr. as Patrol Lieutenant and appoint Edward A. Baker Jr. as Police Captain at an annual salary of $91,773 effective June 25, 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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21. Chief Denz re Appointment of Matthew Leitzel as part-time Public Safety Dispatcher
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to appoint Matthew C. Leitzel as part-time Public Safety Dispatcher at a rate of $10.95 per hour effective June 25, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page two . . .
14-B COMMUNICATIONS
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1. Supervisor Meegan re Retirement of Robert Hauger
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to accept the retirement of Robert C. Hauger andterminate him as Laborer in the Buildings and Grounds Department effective July 6, 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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2. Town Attorney re Deed restriction removal – 300 Harlem Road
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt a resolution requesting the Erie County Legislature to remove a deed restriction from 300 Harlem Road, noting that removal of this restriction will allow the SPCA project to go forward.
Ayes: All Noes: None Motion Carried
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3. Highway Supt. re Amendment to start date for part-time seasonal laborers in the Highway Department
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to amend the start date for the following part-time seasonal laborers in the Highway Department to June 17, 2013:
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Joshua Andrzejewski Richard Kobee Eric Staychock
Jason Scheely Chris Kane Timothy Stevenson
MacKenzie Szakaes Matthew Shields Nicholas Cavalieri
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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4. Highway Supt. Re Termination & appointment of part-time seasonal laborers in Highway Dept.
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Jesse Litwiniak as part-time seasonal laborer in the Highway Department effective June 17, 2013 and appoint Steven Andrzejewski as part-time seasonal laborer in the Highway Department at a rate of $7.25/HR effective June 17 – August 23, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page three . . .
14-B COMMUNICATIONS
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5. Highway Supt. reTitle change for T. Stevenson to part-time seasonal laborer in Sanitation Dept.
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to terminate Timothy Stevenson as part-time seasonal laborer in the Highway Department and appoint Timothy Stevenson as part-time seasonal laborer in the Sanitation Department at a rate of $8/HR effective June 24 – September 15, 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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6. Chief Denz re Purchase requiring Town Board approval
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize payment of $11,375 to D & R Electronics for light bars and miscellaneous mounting equipment for police vehicles.
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On the question, Councilman Hart questioned if this was part of a bid.
Chief Denz responded the new cars are being retrofitted with light bars. DeLacy Ford was low bidder on the vehicles and is offering an additional $800 per trade-in to offset the cost of this budgeted item.
Ayes: All Noes: None Motion Carried
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7. Code Enforcement Officer re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budgetary transfer request of $2850 from Microfilming Acct. #1.3620.0447 to Salary Acct. #1.3620.0139 to cover new part-time employee wages.
Ayes: All Noes: None Motion Carried
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8. Finance Director re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budgetary transfer request of $500 from Equipment Acct. #1.1315.0200 to Mandated Training Acct. #1.1315.0414.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page four . . .
14-B COMMUNICATIONS
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9. Senior Recreation Therapist of Sr. Services re Pay rate change for Peter Schreiber
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Motion by Supervisor Meegan, seconded by Councilman Hart, to grant a rate increase for part-time van driver Peter Schreiber to $8/HR and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Schreiber has attained the required hours for the step increase.
Ayes: All Noes: None Motion Carried
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10. Director of Recreation re Amendment to rate of pay & appointment of part-time Recreation Attendants
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Motion by Supervisor Meegan, seconded by Councilman Hart, to amend the rate of pay for part-time seasonal Recreation Attendant Dolly Goodman to $7.25 per hour effective June 17, 2013; and further, appoint Andrew Balys and Benjamin Rich as part-time seasonal Recreation Attendants at a rate of $7.25 per hour effective June 17 – September 13, 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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11. Director of Recreation re Termination of Maureen Mosher as part-time Clerk Typist
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Maureen Mosher as part-time Clerk Typist effective June 24, 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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12. Director of Recreation re Lifeguard training fees
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to authorize payment of $19 per lifeguard to the Red Cross for training certification, noting that this training will be conducted by pool supervisor Matthew Melski who is certified to conduct American Red Cross training.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page five . . .
14-B COMMUNICATIONS
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13. Assessor re Extension of leave of absence for Erik Finbar
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Motion by Supervisor Meegan, seconded by Councilman Hart, to grant an extension of the existing leave of absence for Erik Finbar from his position as Real Property Appraiser Technician effective June 1, 2013 – June 1, 2014 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 when the civil service exam will be called.
Supervisor Meegan responded the county calls for exams and she has been requesting this exam since 2008.
Ayes: All Noes: None Motion Carried
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14. Director of Recreation re Status & pay rate change for lifeguards
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Motion by Supervisor Meegan, seconded by Councilman Rusinski, to change the status of the attached list of part-time lifeguards to part-time seasonal effective June 24 – September 13, 2013; and further, change the pay rate for head lifeguards Caitlin Caruana, Laura Kuroski, Nathaniel Osmond and Matthew Skrzypczyk to $9 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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15. Councilman Hart re Local law establishing the Town of West Seneca Architectural Commission
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Motion by Councilman Hart, seconded by Supervisor Meegan, to schedule a public hearing for July 22, 2013 at 7:00 P.M. to consider a local law establishing the Town of West Seneca Architectural Commission.
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On the question, Councilman Rusinski referred to the section on zoning codes and suggested it be removed to avoid potential conflicts since the town already has a Zoning Board.
Councilman Hart responded this language was included for review purposes only and any recommendations will be non-binding.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page six . . .
14-B COMMUNICATIONS
15. (continued)
Town Attorney Shawn Martin stated the New York Department of State requires the town to consecutively number their Local Laws. This proposed Local Law will be #2013-05 and can be amended at the public hearing. He questioned if the Town Board meeting scheduled for July 22nd was cancelled and recommended a new date be set for the public hearing.
Motion by Councilman Hart, seconded by Supervisor Meegan, to amend the motion and schedule a public hearing for August 5, 2013 at 7:00 P.M. to consider proposed Local Law 2013-05, establishment of the Town of West Seneca Architectural Commission.
Ayes: All Noes: None Motion Carried
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16. Town Engineer re Bid date for restroom & storage facility at Burchfield
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of July 30, 2013 at 2:00 P.M. for receipt of bids on the Restroom & Storage Facility Project at Burchfield.
Ayes: All Noes: None Motion Carried
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17. Director of Recreation re appointment of Danielle Gehen as part-time seasonal Recreation Attendant
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Danielle Gehen as part-time seasonal Recreation Attendant at a rate of $7.25/HR effective June 24 – September 13, 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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18. Highway Supt. re Terminations & appointments in Highway Department
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Jason Scheely and Eric Staychock as part-time seasonal laborers in the Highway Department effective June 25, 2013 and appoint Brian Kessel as part-time seasonal laborer in the Highway Department at a rate of $7.25/HR effective June 24 – August 23, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page seven . . .
14-B COMMUNICATIONS
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19. Highway Supt. re Terminations & appointments in Sanitation Department
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Andrew Herbeck as part-time seasonal laborer in the Sanitation Department effective June 21, 2013 and appoint Robert Deppeler and Matthew Schultz as part-time seasonal laborers in the Sanitation Department at a rate of $8/HR effective June 24 – September 15, 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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14-C REPORTS
· John A. Gullo, Code Enforcement Officer’s report and plumbing report for May 2013 received and filed.
14-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 - $179,666.37; Highway Fund - $155,512.04; Special Districts - $1,704,526.25; (voucher #’s 78776-79134); Trust & Agency Fund - $36,612.26 (voucher #’s 79034-79116); Capital Fund - $3,016.12 (voucher #’s 79003-79013)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
VERIZON & FIBER OPTICS LEGISLATION
Amy Carpenter questioned the Verizon and fiber optics legislation that was mentioned at the last work session.
Town Attorney Shawn Martin responded that when Real Property Tax Law (RPTL) was written it did not include fiber optics. Verizon challenged their assessments and was successful. A significant amount of Verizon infrastructure is fiber optics and is removed from taxation under current RPTL. Proposed revisions to the law will include fiber optics and put that entire infrastructure back on the tax roll. Mr. Martin stated companion bills have been introduced in the Assembly & Senate, but he is unaware of their status.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page eight . . .
ISSUES OF THE PUBLIC
LEAVE OF ABSENCE
Amy Carpenter questioned the leave of absence for Erik Finbar.
Councilman Hart explained he is working out of title and requesting a leave of absence from his current position while waiting for Erie County to schedule a civil service exam.
STATUS OF CLINTON STREET LAWSUIT
Amy Carpenter questioned the status of the Clinton Street lawsuit.
Supervisor Meegan responded it is still in front of a Judge even though it has been determined the area is not considered spot zoning.
STATUS OF MASTER PLAN UPDATE
Amy Carpenter questioned if there was any progress with the Master Plan and Supervisor Meegan responded there was no update.
STREET LIGHT ON GREENHILL TERRACE
Beverly Leising referred to a street light (Pole #16) on Greenhill Terrace that was not working properly. She had contacted the Highway Department three months ago and the light is still not fixed. Mrs. Leising requested that Highway Supt. Matthew English contact NYSEG again.
Mr. English stated he will contact NYSEG again but noted that they work at their own pace regardless of how many times they are contacted.
RECYCLABLES
Beverly Leising questioned why garbage pickup combined recyclables and rubbish together in one truck.
Highway Supt. Matthew English responded they were short on manpower which is why additional workers were appointed this evening.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page nine . . .
ISSUES OF THE PUBLIC
FLOODING AND OVERFLOWS
Beverly Leising questioned if the town is in compliance with flooding and overflow issues that occurred earlier this month.
Town Engineer Steven Tanner responded the town is in compliance and reports activity from six overflow locations monthly to the DEC. Under a recently enacted law, any additional overflows are also reported through the Engineering Department.
ANIMAL PARASITE
Joseph Coia presented a picture of a parasite (toxoplasma gondii) carried by cats and other animals and voiced his concerns on numerous health issues to humans exposed to this parasite. He is in favor of a mandatory leash law and looks forward to a public hearing on free roaming, feral cats. Mr. Coia noted that toxoplasmosis, a disease caused by this parasite, is a huge problem throughout the country.
ENTRANCE TO FISHER COURT
Johanna Guenther praised Richard and Joann Sharples for planting flowers at the entrance to Fisher Court for the past five years at their own expense and asked the Bee reporter to recognize them in the next issue.
ROAD & SEWER ISSUES IN FISHER COURT
Johanna Guenther commented on poor road conditions and sewer issues in Fisher Court and questioned why other areas of town with fewer problems have received attention.
Councilman Hart responded that the Highway and Engineering Departments assess the roads annually and create a list based on need.
Supervisor Meegan commented that areas are also evaluated based on the number of resident complaints and condition of sewer lines and roads. She noted that Fisher Court has been a cut through for Princeton Estates and traffic has increased in that area.
Councilman Hart questioned if road reconstruction and sewers in Fisher Court are on a list.
Highway Supt. Matthew English responded that Fisher Court is not evaluated as a whole, but a number of streets within have been reconstructed over the years. This year one street has been identified as problematic and is going to be addressed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page ten . . .
ISSUES OF THE PUBLIC
ROAD & SEWER ISSUES IN FISHER COURT (continued)
Town Engineer Steven Tanner stated that Phase I of the Sewer Rehabilitation Project came up to one side of Fisher Court. The Phase currently out to bid (Phase 2 & 3) is based on a study that prioritized the worst areas. Based on the study, Fisher Court was not considered the worst area; however, it is also not the best. Mr. Tanner stated that sewer lining only provides a 30 percent reduction in sewer flows and issues with private laterals and sewer alignments also have to be addressed. Sewer repairs vs. sewer replacement is also being evaluated.
GARBAGE TOTE PICKUP FOR SENIORS
Johanna Guenther referred to the last Town Board meeting when she asked Highway Supt. Matthew English if garbage tote pickup is provided for seniors in Rochester. Mrs. Guenther felt Mr. English’s answer was evasive which prompted her to contact the Mayor’s office in Rochester and she was informed that this service is provided for seniors.
Mr. English responded that while at the school for Highway Superintendents in Ithaca he spoke with a number of other Superintendents about garbage tote pickup for seniors. None of the Superintendents he spoke with provide this service to their residents. Mr. English stated that anytime his office is contacted with a request, his workers will assist seniors with garbage cans and some route drivers have regular residents they help out.
Councilman Hart questioned what garbage service is provided in Rochester.
Mrs. Guenther responded that garbage cans are picked up at the house for seniors and handicapped residents.
WEST SENECA LIBRARY BOARD OF TRUSTEES
Frank Housh referred to the West Seneca Library board of trustees and questioned why Kim McCartan & Pat Kaylor were removed and replaced without any prior notification. He thought the Town Board was conducting business behind closed doors.
Supervisor Meegan responded the Town Board was notified by Paul Notaro that vacancies existed on the Library Board. All terms were expired and needed to be filled. A publication for individuals interested in the position was generated and many resumes were received. Names of qualified people were chosen by lottery.
Councilman Rusinski responded to Mr. Housh’s allegation that back room deals were made and stated the steps taken by the Town Board to fill these positions eliminated any such process.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page eleven . . .
ISSUES OF THE PUBLIC
EARLY PLACEMENT OF GARBAGE
Katie McMahon voiced her concern about garbage and recyclables being placed out too early. When she calls the Highway Department a truck is sent to pick up the garbage, but she feels the law should be enforced and there should be consequences to residents who are not abiding by it. Ms. McMahon also commented on a dumpster placed at the curb at the Queens Court Apartments that is in the line of vision.
Highway Supt. Matthew English responded they do not always pick up garbage that is put out early and residents are often contacted and told to bring it back in. Mr. English will check on the dumpster at Queens Court Apartments.
Supervisor Meegan stated this issue will be addressed in the local law for garbage totes.
POLICE EXPANSION PLAQUE
Frank Boncore thanked Councilman Hart for his efforts in getting the police expansion donation plaque.
RECYCLING PICK UP
Frank Boncore complimented town sanitation workers but voiced his concern with the poor service provided by the company that collects recyclables. He suggested the town buy trucks and hire town workers that live in the community to provide this service.
Highway Supt. Matthew English responded he is aware of this problem and has met with the company numerous times to discuss it. The town’s contact representative is no longer local and they also have been short on manpower.
Councilman Rusinski questioned if the company is in default of the terms of the contract and suggested a possible rebid.
Town Attorney Shawn Martin responded that the recycling company’s slow down in the past presented a couple issues; however, this is the first formal complaint. He will review the five year contract and see where they stand.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
RETIREMENT OF ROBERT HAUGER
Highway Supt. Matthew English congratulated Bob Hauger on his retirement and thanked him for his years of service.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2013-14
West Seneca, NY 14224 June 24, 2013
Page twelve . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
TOWN BOARD MEETING DATES
Supervisor Meegan announced the Town Board meeting on July 22nd has been cancelled and a meeting on July 29th at 2:00 P.M. has been added to approve the warrant and hire police officers.
NEW TOWN ENGINEER
Town Engineer Steven Tanner announced this is his last board meeting as he is leaving Clarke Patterson Lee and has accepted a job with the Town of Batavia. Mr. Tanner introduced Jason Foote as his replacement. Town Board members thanked Mr. Tanner and wished him well.
EROSION PROBLEMS AT EBENEZER BROOK
Supervisor Meegan stated the Army Corps of Engineers, DEC, representatives from Brian Higgins office and town personnel are meeting on Wednesday regarding an erosion problem at Ebenezer Brook.
Town Engineer Steven Tanner stated money is available for work on Ebenezer Brook and the amount will depend on the cost of the overall scope of work. Erosion issues on Smallwood Drive and in sections of Royal York parking lot are causing land to fall into Ebenezer Brook.
Councilman Hart also commented on an erosion problem at the Burchfield Center that will be addressed in the future.
COMMUNITY DAYS
Councilman Rusinski complimented the Buildings & Grounds Department, Highway Department, Civic & Patriotic Committee and Police Department and thanked them for a great job at Community Days.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:15 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK