West Seneca Town Board Meeting Minutes 03/10/2008
Supervisor Wallace C. Piotrowski called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance. ROLL CALL: Present -
Absent - None Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. 5-A MINUTES TO BE APPROVED
5-B TABLED ITEMS 1. Designation of Official Newspaper Motion by Councilman Graber, seconded by Councilwoman Meegan to remove this item from the table.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to designate the West Seneca Bee as the Official Newspaper of the Town of West Seneca with the Front Page and Buffalo News to be used at the discretion of the West Seneca Town Board.
2. Resignation of Barbara Wagner Remained on the table. 3. Purchase of defib units Motion by Councilman Clarke, seconded by Councilwoman Bove, to remove this item from the table.
Motion by Councilman Clarke, seconded by Councilwoman Bove, to authorize the purchase of five (5) G-3 9300A 501P automatic AED units from Cardiac Science Powerheart at the NYS contract price of $1346.62 each for a total cost of $6733.10, noting that this includes extra pads, redi kit and carrying case.
4. Award for carpet replacement at Senior Citizens Center Motion by Councilman Graber, seconded by Councilwoman Meegan, to remove this item from the table.
Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to authorize payment of $19,200 to A.M. Carpet Service, Inc., 1711 Union Road, for carpet replacement work on the Senior Center (HUD) Renovations – Phase II Project, Job No. S-0704.
5-B TABLED ITEMS 4. On the question, Motion by Councilman Graber, seconded by Councilwoman Meegan, to amend the motion and authorize payment of the following vouchers as part of the Senior Center (HUD) Renovations – Phase II Project, Job No. S-0704: A.M. Carpet Service, Inc. (carpet replacement) $19,200.00 On the question, Supervisor Piotrowski stated that the town was in a tax and spend mess because no one ever checked things such as this to ensure the law was being followed. But he was elected to be a watchdog over the taxpayers’ money, would not apologize for doing so, and would continue to check the facts before making any decisions on spending. In this particular instance, he needed to review what was authorized by the prior Town Board and what had occurred on the project. After the last Town Board meeting, Supervisor Piotrowski met with the Senior Citizens Center board and provided them with a history of the grant and the town’s expenditures on this project. The county provided the town with a $90,000 grant that was agreed to and accepted by the previous Town Board with a matching $90,000 of town funds. Supervisor Piotrowski stated that the current Town Board was committed to providing the Senior Citizens Center with the full $180,000 and his intention was to ensure they got the most they could for the money and that the process was carried out legally. The highest court of New York State stated that competitive bidding statutes emit a strong public policy of fostering honest competition in order to ensure and secure the best work or supplies at the lowest possible price. New York State and General Municipal Law, Section 103, requires a bidding process for all purchases over $10,000 followed after the appropriate advertising, and town policy requires bidding for anything over $1700. At the December 17, 2007 meeting of the previous Town Board, purchase of the carpeting was authorized but only after publication of the specifications for this project. Town Clerk Patricia DePasquale had informed Supervisor Piotrowski that no publication took place for this project. Three quotes were obtained personally, which is against state policy and town policy, and the current Town Board did not authorize the expenditure of funds even though there were Town Board meetings held on January 14th and 28th and February 11th and 25th. Supervisor Piotrowski had spoken with a county representative monitoring the grant who informed him that he had a conversation with Councilwoman Bove concerning a January 31, 2008 deadline, but this was not a firm date. The actual deadline to complete the project is September 1, 2008, so there was plenty of time to advertise for bids and receive Town Board approval on expenditures. Supervisor Piotrowski stated that the ordering and purchase of over $26,000 of furniture from The HON Company was by NYS contract pricing, but often their pricing is higher than what could be obtained by advertising for bids. There were no competitive bids for the products purchased from Service Office Supply Corporation and izzydesign. Supervisor Piotrowski stated that he would ensure that this non-bidding process never happens again and let the New York State Comptroller’s Office decide upon the appropriate sanctions. Councilwoman Bove stated that at the time, the former Town Attorney had informed her that bidding was not necessary if the cost of the carpeting was under $20,000 and she followed on his advice. Also, the January 31, 2008 deadline for installation of the carpeting was a firm date given to her by the county. The town was given an extension to that date only after the county representative saw that the town was avidly pursuing all the avenues to get this taken care of. Councilwoman Bove noted that the county representative was not happy with the lapsing of the grant, but she had nothing to do with that and actually jumped in to save the grant and would do so again to do the best for the Senior Citizen’s Center and the taxpayers. She noted that Graham Avenue and Ludwig Avenue would not be reconstructed this summer through CDBG grants because the county rejected them due to the Senior Citizens Center project not being done.
5-B TABLED ITEMS 4. Councilman Graber commended Councilwoman Bove for following through on the previous administration’s commitment to rejuvenate the Senior Citizens Center. Some of the protocols may not have been met because the Town Board typically does not do any purchasing so they were not totally familiar with the various state laws, but after the last Town Board meeting he became very familiar with the bidding rules. The Senior Citizens Center project was languishing because three of the former Town Board members were not re-elected, and Councilwoman Bove was willing and able to jump in and fulfill the town’s responsibility to the seniors and the grant. Although some of the things were not done 100 percent right, Town Engineer George Montz informed him that $20,000 is the state bid rule when labor is involved. This bid was under $20,000 so a state bid was not required. For material only over $10,000 a state bid is required. Councilman Graber noted that Supervisor Piotrowski and the other new board members were not on the Town Board when this commitment was made and they were being subjected to something they were not responsible for. Councilwoman Meegan also commended Councilwoman Bove for her efforts and commented on all the improvements at the Senior Citizens Center that were well-deserved and long overdue. Town Attorney Edwin Hunter commented that Supervisor Piotrowski and Councilwoman Bove were both pursuing the same motives in trying to better the lives of the residents of West Seneca.
5-C COMMUNICATIONS 1. Supervisor Piotrowski re Creation of Director of Senior Services position Motion by Councilman Graber, seconded by Councilwoman Meegan, to create the position of Director of Senior Services and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Supervisor Piotrowski re Retirement of Margaret Bielecki Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Margaret M. Bielecki and terminate her as Account Clerk/Mini Computer Operator effective March 15, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Bielecki served the Town of West Seneca for over 18 years. On the question, Councilwoman Bove commented that Mrs. Bielecki did a tremendous job in the Comptroller’s Office and wished her the best in her retirement.
5-C COMMUNICATIONS 3. Supervisor Piotrowski re Retirement of Lynn Burgess Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Lynn J. Burgess and terminate him as Motor Equipment Operator effective March 22, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Burgess served the Town of West Seneca for 35 years.
4. Supervisor Piotrowski re Termination of Daniel Dunn from Zoning Board of Appeals Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Daniel P. Dunn as Zoning Board of Appeals member effective March 10, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Dunn’s term expired in November 2007.
5. Supervisor Piotrowski re Appointment of Michael Harmon to Zoning Board of Appeals Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Michael P. Harmon as a member of the Zoning Board of Appeals effective March 11, 2008 with the term expiring on November 23, 2012 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilman Graber noted that Mr. Harmon represented various homeowner’s associations within the town, was very familiar with the town, and would be a good addition to the Zoning Board of Appeals.
6. Supervisor Piotrowski re Appointment of Joseph Sherman to Planning Board Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Joseph G. Sherman as a member of the Planning Board effective March 11, 2008 with the term expiring June 4, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Sherman will be filling the vacancy left by Edwin Hunter when he was appointed Town Attorney.
7. Supervisor Piotrowski re Appointment of Dominic Russo to Board of Assessment Review Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Dominic C. Russo to the Board of Assessment Review effective March 11, 2008 through September 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5-C COMMUNICATIONS 8. Town Attorney re Department of Senior Services van contract Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the van contract with the Department of Senior Services for the year 2008.
9. Highway Supt. re Appointment of Thomas Bausch as Deputy Highway Superintendent Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Thomas Bausch as Deputy Highway Superintendent effective March 10, 2008 at an annual stipend of $5000 paid over a 26-week pay period and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10. Highway Supt. re Title change for Gary Schreiner to Working Crew Chief Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Gary Schreiner as Highway MEO and appoint Gary Schreiner as Working Crew Chief, Group 6, Step 5, at a rate of $24.67 per hour effective March 10, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Highway Supt. re Title change for Lynn Burgess to Highway HEO Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Lynn Burgess as Highway MEO and appoint Lynn Burgess as Highway HEO, Group 5, Step 5, at a rate of $23.54 per hour effective March 10, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Highway Supt. re Title change for John Kelly & Carl Radtke to Highway Mechanics Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate John Kelly II and Carl Radtke as Sanitation Laborers and appoint John Kelly II and Carl Radtke as Highway Mechanics, Group 5, Step 1, at a rate of $22.13 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Chief Gehen re Status change for Richard Galli to part-time Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time seasonal Public Safety Dispatcher Richard Galli to part-time effective February 1 – 29, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5-C COMMUNICATIONS 14. Chief Gehen re Status change for Richard Galli to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher Richard Galli to part-time seasonal effective March 1 – 31, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Chief Gehen re Attendance of officers at traffic safety training seminar Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Lieutenant David Szmania and Police Officers Bill Leitzel, Ken May, Daniel Szymanski, and James Gibbons to attend the annual Empire State Law Enforcement Traffic Safety training seminar, April 29 – 30, 2008 in Lake George, New York, at a cost not to exceed $1080.
16. Comptroller re Attendance of employees at accounting school Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Joanne Krakowski and Dennis Luterek to attend the Introduction to Governmental Accounting School, April 15 – 17, 2008 and Comptroller Robert Bielecki and Linda Kauderer to attend the Advanced Accounting School, October 15 – 17, 2008 to be held in the Village of East Aurora at a total cost not to exceed $400. On the question, Councilman Bove thought that training was important for a productive work force and continued training made employees more knowledgeable and efficient.
17. Comptroller re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $8108 to KVS Information Systems, Inc. for the annual software subscription and support service.
18. Code Enforcement Officer re Computer upgrades Motion by Councilwoman Meegan, seconded by Councilman Graber, to table this item pending review of the Code Enforcement Office in April. On the question, Supervisor Piotrowski noted that the Town Board was in the process of reviewing each of the departments. The Engineering Department, Code Enforcement Office, and Planning Consultant Wendel Duchscherer will be reviewed in April and this item will be addressed at that time.
5-C COMMUNICATIONS 19. Town Justices re Addition of shelf in courtroom Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to table this item pending a review and discussion on March 20th with the Police Department and Justice Court. On the question, Supervisor Piotrowski stated that New York State performed an audit of court facilities and is making recommendations to Town Supervisors for necessary changes. He will be meeting with Judge Scott, Judge McCabe, and Chief Gehen on March 20th to discuss the changes and this item will be addressed at that time.
20. Recreation Director re Bid date for arts & crafts supplies Motion by Councilman Graber, seconded by Councilwoman Bove, to set a bid date of April 21, 2008 at 10:00 A.M. for receipt of bids on the purchase of arts & crafts supplies necessary to conduct the 2008 recreation program.
5-D REPORTS ISSUES OF THE PUBLIC SENIOR CITIZENS CENTER RENOVATIONS Bronislaus Michalczak, 211 Warren Avenue, Chairman of the Board of Directors for the West Seneca Senior Citizens Center, referred to the grant for the Senior Citizens Center renovations and questioned if there was anything else that had to be approved by the Town Board. Supervisor Piotrowski understood that the refinishing of the stage floor had to be bid. Councilwoman Bove responded that there were some other items that had to be approved by the Town Board along with the stage floor. Mr. Michalczak hoped that the Town Board would approve these items and asked to be informed if there was a problem with anything. He further requested additional handicapped parking signs in the front parking lot. Highway Supt. Patrick Finnegan stated that the parking lot will be repaved and re-striped this spring and the handicapped parking would be addressed at that time. SPEEDING ON SENECA STREET NEAR SENIOR CITIZENS CENTER Bronislaus Michalczak, 211 Warren Avenue, noted that lunches at the Senior Citizens Center increased from 70 to 80 percent in the last month and there was some concern about the traffic going west on Seneca Street. Mr. Michalczak asked if something could be done to slow the traffic down. Chief Gehen responded that he would have radar set up on that area of Seneca Street or set up the speed trailer. He asked that Mr. Michalczak furnish him with the days of the week and times of day that this is a problem.
ISSUES OF THE PUBLIC RESIDENT QUESTIONS OWNERSHIP OF YOUTH BUREAU VEHICLES Amy Carpenter, 406 Woodward Crescent, stated that on her way to work this morning she passed a van that had “West Seneca Youth Bureau” on the side of it along with an AmeriCorps logo. Ms. Carpenter questioned if this van was dually owned or if it was owned by the town. Supervisor Piotrowski advised that all the vehicles were owned by the Town of West Seneca; none of the vehicles were owned by AmeriCorps. He further noted that the Town Board was in the process of reviewing those departments. Councilman Graber noted that most of the funding for the vehicles was received through an AmeriCorps grant. TRAINING FOR NEW TOWN BOARD MEMBERS Amy Carpenter, 406 Woodward Crescent, referred to the training seminars that were approved for some departments at this meeting and questioned if the three new board members had received any training. Supervisor Piotrowski responded that he and the other new board members had not yet received any training, but they intended to do so soon when the training was available locally. STATUS OF ENERGY SUPPLIER Amy Carpenter, 406 Woodward Crescent, noted that at the December 2007 Town Board meeting it was stated that 24 requests for proposals had been mailed out to brokers for the town’s energy supplier, and she questioned if the town had received any bids in response. Councilman Graber stated that it was determined after the December 2007 meeting that the publication time frame had not been met. Town Attorney Edwin Hunter was appointed in January and would be addressing this issue. RESIDENT QUESTIONS PROCEDURE FOR SPENDING TOWN FUNDS Enid Sweet, 99 Winspear Road, questioned if the Town Board received any training on the procedure for spending town funds. Councilman Graber responded that purchases were made by the department heads that followed the law; the Town Board was an administrative body. Mrs. Sweet questioned why Councilwoman Bove was questioned on the way she went about purchasing items for the Senior Citizens Center. Councilman Graber stated that this was the first time that a board member had gotten intimately involved in the actual purchasing of items. Town Engineer George Montz, who runs most of the projects in town, is totally familiar with state laws. Mrs. Sweet stated that the town still lost out on a $200,000 grant for reconstructing streets because the Senior Citizens Center project was not done. Councilman Graber responded that the road reconstruction projects were presented to the Erie County Consortium, but there was no guarantee the town would receive the grant.
ISSUES OF THE PUBLIC RESIDENT QUESTIONS PROCEDURE FOR SPENDING TOWN FUNDS (continued) Mr. Montz stated that the Erie County Consortium was made up of town supervisors and representatives from Erie County Environment and Planning and they awarded grants for projects based on a scoring system. The town may have lost some points for the Senior Citizens Center project not being done, but otherwise it did not have a direct effect. Mr. Montz stated that the town usually received funding for one or two projects, but it depended on how much money was available and the scoring. Councilman Graber stated that Community Block Grant funds were awarded based on a formula and the amount of money had been decreased in recent years. The Town of West Seneca used to have its own administration and received all its formula money, but a prior Town Board decided to join the Erie County Consortium that utilized a point system. Councilman Graber stated that he and other board members were reconsidering the administration because they wanted to get the town’s fair share of the money. DIRECTOR OF SENIOR SERVICES POSITION Enid Sweet, 99 Winspear Road, questioned if a new Director of Senior Services would be appointed this month. Supervisor Piotrowski responded that the position was created and it now had to be posted in accordance with the White Collar contract. They would then be accepting resumes and interviewing potential candidates. He anticipated the Town Board making an appointment by the end of April. Paula Minklei, Orchard Park Road, questioned why the Director of Senior Services position had to be created when there was someone that served in that capacity in the past and the money was in the budget. Supervisor Piotrowski advised that the job description had not been updated in 20 years. The entire Town Board reviewed and revised the job description and it was sent to Erie County Personnel for their approval. Erie County Personnel gave their approval and the position was then created at this meeting. Mrs. Minklei thought the job description should be posted in the newspaper and questioned if it would be published so interested people could apply for it. Supervisor Piotrowski responded that there was a posting requirement and they were already receiving resumes from interested candidates. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PUBLIC HEARING SCHEDULED FOR COLD WAR VETERANS EXEMPTION Town Attorney Edwin Hunter advised that a public hearing to consider adoption of the “Cold War Veterans Exemption” would be published in the next week for an upcoming Town Board meeting. STATUS OF TOWN ENERGY SUPPLIER ISSUE Town Attorney Edwin Hunter referred to earlier questions regarding an energy supplier for the town and stated that Councilman Graber had made him aware of this on January 5th. On January 8th Mr. Hunter wrote a letter to former Town Attorney Timothy Greenan asking for information on this matter. He followed up with another letter on January 15th, a phone call on January 18th, and another letter on February 19th, but he had not yet received a response.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS DONATION OF LAND TO TOWN Councilman Graber referred to a letter from the West Seneca Environmental Commission dated February 18, 2008 concerning donating land to the Town of West Seneca. He asked that Town Attorney Edwin Hunter follow through on this issue with regard to the legal requirements. Supervisor Piotrowski advised that he and Mr. Hunter along with Highway Supt. Patrick Finnegan were in the process of handling this matter. TEXT MESSAGING RESOLUTION Councilman Graber referred to a resolution being adopted by various towns throughout New York State concerning text messaging. Supervisor Piotrowski was aware of this resolution and stated that it would be on the agenda for the next Town Board meeting. ADJOURNMENT Motion by Councilwoman Meegan, seconded by Councilman Graber, to adjourn the meeting at 8:20 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |