Town Board Minutes
WEST SENECA
1250 Union Road Minutes #2015-13
West Seneca, NY 14224 June 29, 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 Youth Service Coordinator Lauren Masset.
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 Robert “Hopper” Rush.
13-A MINUTES TO BE APPROVED
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2015-12 of June 15, 2015.
Ayes: All Noes: None Motion Carried
13-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 CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 1053 SENECA CREEK ROAD, BEING PART OF LOT NO. 285, CHANGING ITS CLASSIFICATION FROM M-1 TO R-65, FOR A SINGLE FAMILY HOME” in the Town of West Seneca, be received and filed. (Aaron Bartnicki)
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
Aaron Bartnicki stated his proposal to build a single family home on a flag lot at his parent’s property located at 1053 Seneca Creek Road.
No comments were received from the public.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 June 29, 2015
Page two . . .
13-B LEGAL ITEMS
1. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt Local Law No. 7 of the year 2015 approving the request for a rezoning for property located at 1053 Seneca Creek Road, being part of Lot No. 285, changing its classification from M-1 to R-65, for a single family home, noting the rezoning applies to a depth of 600’ only.
On the question, Town Attorney John Fenz stated the rear property will remain M-1 for manufacturing in the industrial park.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2.
Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING ROAD RECONSTRUCTION AND REPAVING IMPROVEMENTS; ESTIMATING THAT THE TOTAL COST THEREOF IS $1,900,000; APPROPRIATING SAID AMOUNTS THEREFOR; AND AUTHORIZING THE ISSUANCE OF $1,100,000 IN SERIAL BONDS OF THE TOWN AND APPLICATION OF $800,000 CURRENT FUNDS TO FINANCE SAID APPROPRIATION” in the Town of West Seneca, received and filed.
13-C COMMUNICATIONS
1. Councilman Hanley re Industrial Park Review Committee Secretary Appointment |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Katie Hourihan as Industrial Park Review Committee Secretary at a rate of $75 per meeting and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
2. Town Attorney re National Grid’s Gardenville Substation project – wetland mitigation |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with National Grid for funding of wetlands mitigation support actions, noting National Grid will contribute $80,000 to the town to fund planning and execution of certain components of National Grid’s compensatory wetlands mitigation plan. |
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West Seneca, NY 14224 June 29, 2015
Page three . . .
13-C COMMUNICATIONS
2. (continued)
On the question, Councilman Hart referred to emails he received concerning this issue. Town Attorney John Fenz responded these concerns were addressed with the head of the Environmental Commission as well as with a National Grid representative. One concern was to get input from the Department of Environmental Conservation (DEC) and the Army Corps of Engineers before going forward and that is recommended. The second concern was onsite mitigation and although this is preferred by the DEC, offsite mitigation is considered better in this case for public safety and overall well-being.
Ayes: All Noes: None Motion Carried
3. Town Attorney re West Seneca Central Schools Loaning of Buses Agreement
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the necessary documents to enter into an agreement with West Seneca Central School District whereby the district will temporarily loan school buses to the town for the transportation of youth to town activities for the term set forth therein, noting there is no fee to the town but the town shall provide insurance coverage for all the vehicles when in use on behalf of the town and hire current, active district bus drivers to operate the vehicles. |
On the question, Councilman Hart questioned if insurance coverage is an extra cost for the town. Supervisor Meegan responded there is no additional rider necessary; all vehicles are covered under the town’s fleet insurance.
Ayes: All Noes: None Motion Carried
4. Town Attorney re Planning Bond Resolution – Potential Seneca Place Infrastructure Improvements
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached Planning Bond resolution authorizing financing for certain planning and preparation with respect to potential infrastructure improvements related to the proposed Seneca Place Project, estimating the total aggregate cost thereof at $300,000. |
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West Seneca, NY 14224 June 29, 2015
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13-C COMMUNICATIONS
4. (continued)
On the question, Supervisor Meegan stated this resolution will not result in immediate borrowing, but rather it is a responsible cash management tool in anticipation of a contemplated development. If the town incurs costs that are not the responsibility of the developer under the local law, it can use planning bond proceeds to reimburse the general fund for said expenditures.
Ayes: All Noes: None Motion Carried
*APPENDICES*
5. Town Attorney re Seneca Place Market Demand and Financial Feasibility Study |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the necessary documents to enter into an agreement with RKG Associates, Inc. to perform professional services to conduct and prepare a Market Demand and Financial Feasibility Study for the town’s contemplated development of a multi-purpose community athletic center and ice arena/events facility, noting the fixed cost for the study is $54,475 and this expense shall be borne by the developer, Seneca Place, in accordance with Town Code Chapter 60 - Development Review Fees. |
On the question, Councilman Hart stated there is no cost to the taxpayers for this study. Funds for the study have been promised by the developer and are supposed to be wired to the town tomorrow. Councilman Hart further stated the town is not committing to any major expenditure beyond this until they have a complete report and depending on what the report shows. Supervisor Meegan also noted when the study comes back and if the project goes forward, there will be a permissive referendum so the voters will decide if the town will fund the public portion of the project.
Ayes: All Noes: None Motion Carried
6. Highway Sup’t re Bid Date for Concrete Storm Damage Repair |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of July 15, 2015 at 10:00 A.M. in the Town Clerk’s Office for repair of concrete storm damage divided into four sections throughout the Town of West Seneca, noting that bid packages will be available at the Town of West Seneca Highway Department at 39 South Avenue, West Seneca, New York, 14224 between the hours of 7:30 A.M. to 2:30 P.M. |
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West Seneca, NY 14224 June 29, 2015
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13-C COMMUNICATIONS
6. (continued)
On the question, Highway Superintendent Matthew English explained that because of excessive storm damage, the project will consist of four separate bids since it will be too much work for one contractor. He noted most of this expense should be covered by the Federal Emergency Management Association (FEMA).
Ayes: All Noes: None Motion Carried
7. Chief Denz re Step Increase for Part-time Public Safety Dispatcher Norman Brem
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a rate increase for part-time Public Safety Dispatcher Norman Brem to $11.45 per hour effective May 3, 2015, noting this is the date he reached 1,400 hours, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
8. Youth Service Coordinator re Appointment of Part time Seasonal Bus Drivers |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Eric Kalenda as part-time seasonal bus driver at a rate of $10.50 per hour effective June 29 – August 30, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. |
On the question, Councilman Hart asked how often these bus drivers work. Youth Service Coordinator Lauren Masset responded bus drivers work two to three days a week for the six-week summer program and one day for one week with playgrounds. Three buses are needed this year and one bus driver position still needs to be filled. Eligible drivers must come from the West Seneca School District and this position is posted at the West Seneca bus garage.
Ayes: All Noes: None Motion Carried
9. Youth Service Coordinator re Pay Rate Change for Matthew Skrzpczyk |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a rate increase for head lifeguard Matthew Skrzpczyk to $9.75 per hour, noting Matthew completed his Water Safety Instructor certification, 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, NY 14224 June 29, 2015
Page six . . .
13-C COMMUNICATIONS
10. Senior Recreation Therapist of Sr. Services re Status Change for part time clerk typist G. Busse
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerk typist Georgiann Busse to part-time seasonal effective July 1 - 31, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
11. Finance Department re Budget Transfer Resolution |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution authorizing a budget transfer for Court Security Officers:
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WHEREAS, pursuant to General Municipal Law §209-v, the Town Board may authorize the Town of West Seneca Police Department to employ retired former members of the department for purposes of protecting publicly owned property; and
WHEREAS, on June 1, 2015, the Town Board approved the Chief of Police to employ the Justice Court Security Officers and confer upon them all powers as peace officers; and
WHEREAS, Salary of Security Officers – Part-Time budget line 1.1110.0139 under the Town Justice Department has $12,420 remaining funds; now, therefore, be it
RESOLVED, the Town Board hereby authorizes a transfer of $12,420 from Town Justice Department 1.1110.0139 to the Police Department creating a new budget line 1.3120.0143 for Security Officers – Part-Time.
On the question, Chief Denz explained this resolution places court officers under the authority of the Chief of Police rather than town judges, thus giving them peace officer status which allows for the same powers as a police officer, including arresting power, when on duty. He added this will greatly reduce the town’s liability for incidents that may occur in the courtroom or on Town Hall grounds at no additional cost to the town.
Ayes: All Noes: None Motion Carried
12. Finance Department re Budgetary Transfer Request |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the budgetary transfer from Account Number 1.7140.0100 (Salary of Director-$22,500) to Account Numbers 1.7180.0100, 1.7180.0149, 1.7140.0149 and 1.7140.0476; Salary of Recreation Supervisor PT - $1,900, Salary of Laborers PT - $8,075, Salary of Other Employees PT - $9,025 and Youth Summer Day Camp - $3,500 respectively. |
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West Seneca, NY 14224 June 29, 2015
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13-C COMMUNICATIONS
On the question, Youth Service Coordinator Lauren Masset stated the 2015 budget could not support staffing needs because of increased day camp staff and the minimum wage increase. The day camp budget was also stressed by winter camp expenses.
Ayes: All Noes: None Motion Carried
13. Town Engineer re Heather Hill/Pamela Court Reconstruction Emergency Project |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set a bid date of July 16, 2015 at 1:00 P.M. for the Heather Hill/Pamela Court Reconstruction Emergency Project.
On the question, Supervisor Meegan stated a public information meeting on this project will be held July 7th at 6 PM at the senior citizens center.
Ayes: All Noes: None Motion Carried
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14. Town Engineer re Review of Town’s 2015 Annual Storm Water Report |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to sign the attached 2015 Annual Stormwater Report prepared by Clark Patterson Lee as required under the town’s stormwater State Pollutant Discharge Elimination System (SPDES) permit and submit to the NYSDEC.
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On the question, Town Engineer David Johnson stated the NYSDEC requires the town to ensure water quality and thus enforce the state’s SPDES laws. The town works with the Western New York Stormwater Coalition to complete this annual report showing the town is in compliance. The Highway Department is required to follow best management practices at their facilities. Also, new projects that disturb over one acre of land require stormwater control and the Engineering Department reviews and inspects plans to ensure proper construction.
Ayes: All Noes: None Motion Carried
*APPENDICES*
15. Chief Denz re Status change for part-time Public Safety Dispatcher J. McCullough to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time Public Safety Dispatcher James McCullough to part-time seasonal effective July 1 - July 31, 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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West Seneca, NY 14224 June 29, 2015
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13-C COMMUNICATIONS
16. Chief Denz re Crossing Guard Resignation
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of part-time crossing guard Lucille Malizia effective June 24, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
17. Youth Service Coordinator re Termination of Inactive Employees |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate the following inactive employees effective June 26, 2015: Haley Bajdas, Russell Bolognese, Joan Jordan, George Szczyblewski, James Rosati, Ryan Dougherty, James Burke, Gavin Caulfield, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
18. Finance Department re Budget Amendment Resolution |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the following resolution authorizing an amendment to Acct. 01.1990.0464 Judgments & Claims:
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WHEREAS, the Town of West Seneca has incurred unexpected judgments and claims in excess of the amount included in the 2015 Budget, and
WHEREAS, the town’s General Fund has available fund balance; now, therefore, be it
RESOLVED, the Town Board hereby authorizes an amendment to the budget for Acct. 01.1990.0464 Judgments & Claims in the amount of $40,000 to be supported by the use of available fund balance in the General Fund.
Ayes: All Noes: None Motion Carried
13-D APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the vouchers submitted for audit, chargeable to the respective funds as follows: General Fund - $160,302.39; Highway Fund - $30,073.50; Special Districts - $4,225,996.68; Capital Fund - $116,508.63 (voucher #’s 89161-89687); Trust & Agency Fund - $48,042.14 (voucher #’s 89713-89740)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 June 29, 2015
Page nine . . .
ISSUES OF THE PUBLIC
2015 COMMUNITY DAYS
Civic & Patriotic Commission Chairwoman Joan Lillis thanked Supervisor Meegan, Chief Denz, Highway Superintendent Matthew English and Code Enforcement Officer John Gullo for their assistance with schedule changes for the Community Days event. She also thanked the Police, Highway and Buildings & Grounds departments as well as Youth Service Coordinator Lauren Massett and the Youth Engaged in Service (YES) group. Mrs. Lillis further commented the Code Red system is a great asset for the town.
Highway Superintendent Matthew English commented on the team effort from all departments for this year’s event and noted it was well organized by Joan Lillis.
Chief Denz agreed with Mr. English’s comments and added the Code Red system was well worth the investment.
HEATHER HILL AND PAMELA COURT
Barb Lipiew asked if the meeting concerning the Heather Hill Drive and Pamela Court reconstruction project is open to all the public. She commented that her street, Reynolds Road, is just as bad and wants to ensure it is taken care of in the spring.
Supervisor Meegan responded it is an open meeting and there are many streets in need of repair, but she agrees with the determination that conditions in the Heather Hill/Pamela Court area require immediate attention.
Jim Pastrick commented on the rough winter and requested the Town Board look at the severe street conditions in his neighborhood, Brianwood Drive. Mr. Pastrick requested a timeline for a solution in this area and when a temporary fix can be expected.
Supervisor Meegan replied this issue exists in so many town neighborhoods and it is not being discounted. The town plans to aggressively identify three capital projects for next year with the Brianwood Drive neighborhood at the top of the list. The surveys and plans for these projects will be done this year so they are ready to begin in the spring.
Highway Superintendent Matthew English stated temporary repairs will be done before winter, although he cannot provide an exact date. Brianwood Drive and neighboring streets are on the top of list for repairs once other milling and paving projects, including Mill Road, are completed.
Amy Carpenter noted potholes in need of repair on Sibley Drive, Woodward Drive, and Woodward Crescent.
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West Seneca, NY 14224 June 29, 2015
Page ten . . .
ISSUES OF THE PUBLIC
SENECA PLACE FEASIBILITY STUDY
Amy Carpenter questioned the expected deadline for the Seneca Place feasibility study and if the results will be made public.
Supervisor Meegan responded the deadline is 120 days with a plan to present the results at a public meeting at the senior citizens center, possibly by the consultants who performed the study.
Mrs. Carpenter asked if the study will be shared if it is unfavorable and Councilman Hart responded it will be shared regardless of the results.
Town Attorney John Fenz noted the confidentiality agreement does not specify that what RKG provides to the town is confidential. The findings of the study will be public, but how they arrived at these findings will take place in executive session.
BURCHFIELD CENTER COMFORT STATION
Amy Carpenter questioned the status of the stairs and restrooms at the Burchfield Center and if landscaping will be done around the comfort station.
Supervisor Meegan responded the stairs are poured and foundations are installed for cement sidewalks around the perimeter. Railings are expected to arrive next week. Buildings & Grounds will take care of landscaping based on the direction of Carol Yetter of the BNAC.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
CELEBRATE SUMMER
Supervisor Meegan announced the Service Clubs of West Seneca will be serving food and presenting children’s activities at the “Celebrate Summer” event featuring Terry Buchwald in the Lions Band Shell on July 30th at 5 P.M.
TRAINING SESSION ON RECOGNIZING AN OPIOID OVERDOSE
Supervisor Meegan announced that West Seneca Fire District 6, 666 Main Street, is hosting a “Recognizing an Opioid Overdose” training session in conjunction with the Office of the Commissioner of Health on July 20th, 6 –8 P.M. and July 21st, 9 -11 A.M. Information is posted on the town website and online registration can be done directly through the Erie County Department of Health website.
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West Seneca, NY 14224 June 29, 2015
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
WEST SENECA COMMUNITY 5K RUN
Supervisor Meegan recognized West Seneca East & West Booster Clubs for presenting the West Seneca Community 5K Run with 274 runners this year.
FIREWORKS COMPLAINTS
Chief Denz stated the Police Department will respond to fireworks complaints and asked for patience with their response times.
SUMMER RECREATION PROGRAMS
Youth Service Coordinator Lauren Masset stated Teen Night was held on Friday, June 19th for ages 11 years and older and 49 youth attended. Summer programs began today and Day Camp is filled with a maximum 90 campers per week. Playgrounds this year include Allendale, Burchfield, Harlem Road and Veterans Park and are open Monday - Friday, 10:00 A.M. to 2:00 P.M. with games, crafts and other activities available. The Bicentennial Pool opens Wednesday, July 1, 2015. Ms. Masset further noted sponsors for movie nights are needed and she is working on additional programs including water zumba and a childrens STEM (Science, Technology, Engineering and Math) program.
FLOHR AVENUE FLOODING
Town Engineer David Johnson stated the valve to reduce flooding on Flohr Avenue has not been installed due to the rain. He further noted the DEC provided information so work can begin on modifying the retention dam for this area.
SENIOR CENTER RESTROOM RENOVATION
Senior Recreation Therapist for Senior Services Mary Josefiak stated restroom renovation at the senior center is not progressing, noting there have been issues with pipes that needed attention, but at this point only two restrooms are available upstairs.
Supervisor Meegan stated she is aware the contractor is waiting for a particular mason before they proceed with the renovation.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to executive session at 7:55 P.M. to discuss personnel issues with Chief Denz and Highway Sup’t. Matthew English.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 8:10 P.M.
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West Seneca, NY 14224 June 29, 2015
Page twelve . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:10 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK