West Seneca Town Board Meeting Minutes 07/28/2008

12-B   LEGAL NOTICES

1. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 50 NORTH AVENUE & 2150 UNION ROAD, BEING PART OF LOT NOS. 23 & 24, CHANGING ITS CLASSIFICATION FROM C-1(S), M-1, AND R-65 TO R-50(S), FOR A MULTI-FAMILY DEVELOPMENT” in the Town of West Seneca, received and filed.                (Zaxis Architectural P.C.)

2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2979 CLINTON STREET, BEING PART OF LOT NO. 42, CHANGING ITS CLASSIFICATION FROM M-1 TO R-75A, FOR A RESIDENTIAL HOME” in the Town of West Seneca, received and filed.                (Kirk & Julia Ruhland)

12-C   TABLED ITEMS

1.   Adoption of Noise Ordinance

Remained on the table.

2.   Sale of 20 School Street

Councilwoman Bove stated that AmeriCorps would be receiving $90,000 from a match free grant and restoration of 20 School Street was in progress.

The item was received and filed.

3.   W.S. School District Soccer Park proposal for 2008-2009

Motion by Councilwoman Bove, seconded by Councilman Graber, to remove this item from the table.

12-C   TABLED ITEMS

Motion by Councilwoman Bove, seconded by Councilman Clarke, that the West Seneca Central Schools be allowed use of four fields at the West Seneca Soccer Complex without any fee required.

On the question, Supervisor Piotrowski stated that the original proposal from the school district to the town was an offer of $10,000 for use of the soccer fields.

Councilwoman Bove stated that she had spoken with Tim Slade and Jean Kovach of the West Seneca Central Schools and Mr. Slade had stated that if they could have at least four fields they would be able to have their program. The town did not have 12 fields to give to the schools. They originally wanted to use the fields for lacrosse as well, but they will keep the lacrosse at their own fields.

4.   Erie County Summer Youth Employment Program

Motion by Councilwoman Bove, seconded by Councilman Graber, to remove this item from the table.

Councilwoman Bove stated that the Erie County Summer Youth Employment Program was already active. The Town Board discussed this with AmeriCorps and they were paying for two supervisors that were West Seneca residents, honor students that just graduated from West Seneca Schools and would be starting college. The students were working at no cost to the taxpayers of West Seneca.

This item was received and filed.

12-D   COMMUNICATIONS

Motion by Councilwoman Bove, seconded by Councilman Clarke, to address Item #16 out of order on the agenda.

16.   Chief Gehen re Appointment of Travis J. Deubell as Police Officer temporary

Motion by Councilman Graber, unanimous second, to appoint Travis J. Deubell as Police Officer temporary effective August 4, 2008 at a rate of $46,594.43 per annum and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Deubell’s appointment is contingent until final results of medical and psychological examinations are satisfactorily completed, and further, Mr. Deubell will be subject to the successful completion of a seventy-eight (78) week probationary period commencing from his appointment date.

1.   Supervisor Piotrowski re Resolution for referendum proposition to reduce size of Town Board

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution to submit to town residents a referendum proposition to reduce the size of the West Seneca Town Board by two (2) members.

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1.    (continued)

On the question, Councilwoman Meegan stated that she seconded the motion for the sole purpose of discussion. She stated that the referendum could take place without the resolution and it would be the prerogative of the people of the Town of West Seneca as to the size of their government.

Supervisor Piotrowski stated that he was elected by the residents of West Seneca to foster a change in the size and cost of government and this resolution was another step in his agenda on behalf of the overtaxed residents. One of the reasons he sought the position of Supervisor was because he thought that local government should adapt to modern times by consolidating functions and collaborating across boundaries. He was attempting to consolidate departments within the town to save money and planned to lead efforts to create innovative partnerships with other municipalities to provide better service and save taxpayer dollars. Supervisor Piotrowski stated that voters elect public officials to take care of the day to day business of running a town, but historically the voters have been the sole decision makers as to the form of a government. He wanted to offer the voters a voice in the future of this government and not deprive them of the opportunity to vote this November on the form of their government.

Councilman Graber stated that as a member of the Town Board for over ten years he found it very frustrating to be observing this nonsense when there were so many other significant matters confronting the town. He commented that they should be looking into things that would make the Town of West Seneca a better place to live instead of focusing on an outrageous idea from a so-called political idealist that doesn’t even live in town. Councilman Graber did not believe that Kevin Gaughan cared about West Seneca and stated that he was only concerned about the media attention this proposal generated. He further stated that after seven months on the job, Supervisor Piotrowski wanted to eliminate two Town Board members just because they did not agree with him. Councilman Graber stated that earlier this year Mr. Gaughan made a presentation to 25 Town Boards and 16 villages throughout Erie County suggesting that all the boards be reduced by two members. He referred to another idea from Mr. Gaughan in the late 1990’s when he suggested that the name of Erie County be changed to Buffalo County and that this change would eliminate all of Erie County’s problems. In March 2003 Mr. Gaughan wrote a Viewpoints article on another idea he had to change the Home Rule Laws of New York State to enable the City of Buffalo to annex West Seneca without the voters having any say. Councilman Graber referred to Town Board Minutes from March 24, 2003 when he commented on the article and stated that he would fight to keep West Seneca from merging with Buffalo. He commented that Mr. Gaughan always wants to hold elected officials accountable, but does not want to be held accountable for the things he suggests and he wanted the people of West Seneca to understand that in 2003 Mr. Gaughan just wanted to take West Seneca and merge it with Buffalo. Councilman Graber stated that Mr. Gaughan has been going after the media his entire career, but he questioned if he really cared about the government of WNY. There were 932 towns in New York State and only 21 of those towns had greater than 50,000 people. West Seneca had 46,000 people, so it was probably one of the top 30 towns in the state. There were 553 villages and one had more than 50,000 people. Councilman Graber stated that the total of towns and villages was 1485 and the Town of West Seneca was bigger than 97 percent of them. Mr. Gaughan was suggesting that the Village Board in East Aurora be reduced from seven to five members, while a town the size of West Seneca be reduced from five to three members. Councilman Graber referred to a statement in the Buffalo News that it was New York State’s original intent for all local governments to have three board members and stated that this was probably true. However, at that time they did not have sewers, law enforcement, street lighting, snow plowing, storm drainage, refuse collection, recreation facilities, a Town Clerk, a Tax Receiver, etc. He did not believe the original thoughts of the forefathers could be compared to where the towns were today. Councilman Graber stated that the board members received a letter from Mr. Gaughan dated June 16, 2008 stating, “I’m hopeful that you will adopt it. In the meantime, I am working with town residents to compel a November downsizing referendum through the petition process.” In the July 24th edition of

12-D   COMMUNICATIONS

1.    (continued)

the Buffalo News it was stated, “If it doesn’t, both Gaughan and Piotrowski agreed they will take the resolution to the streets for a ballot referendum in November.” Mr. Gaughan stated, “We don’t need politicians to consent to reform, we can do it through the petition process.” Councilman Graber disagreed and stated that according to New York Home Rule they could not take a petition to the streets and force a referendum. It was illegal. Without a local law being passed by the Town Board, they could not force a petition. This was called a ballot initiative and they did not have ballot initiatives in New York State. Councilman Graber commented that Mr. Gaughan and Supervisor Piotrowski either thought that the present Town Board lacked the legal sophistication to determine the legal aspects of a referendum and would just take their statements at face value, conform, and vote for it or they don’t know what they are talking about. He thought that Mr. Gaughan and Supervisor Piotrowski were trying to bully the board members into believing they were legally correct in their presentation that they could take the referendum to the streets, but according to NYS Law they couldn’t. Councilman Graber stated that they would first need a resolution for a proposed local law and that would require a public hearing. After the public hearing and if the local law is adopted, a mandatory referendum would be required because it had to do with abolishment of an elected office. No petition would need to be signed. Councilman Graber stated that he was confused that two lawyers, Mr. Gaughan and Supervisor Piotrowski, were in conflict with NYS Law. Councilman Graber further stated that he has been on the Town Board for ten years and each year he consistently tried to lower the cost of doing business. He referred to one initiative where the town sued American Refuel and reduced expenses by $600,000 per year. The energy management plan reduced costs by $100,000 per year and the gaslight conversion project saved $95,000 per year. Last year the town signed for electric supply at 7.9 cents per kilowatt hour, resulting in approximately $35,000 in savings this year and possibly $150,000 per year by the end of five years. Councilman Graber stated that they needed town officials to understand how government works and understand where they could bring about efficiencies into running the operation. He further commented that with only three members on the Town Board it would be prone to political bossism because only two votes would be required. Councilman Graber thought having a five member Town Board helped to keep everything in check and it was a rarity that political bossism would take control. Everything they were attempting to gain through elimination of two seats would probably be lost through increased expenses. Councilman Graber stated that he did not agree with seven member boards as in Cheektowaga and Amherst, and there were a number of villages that were surrounded by towns and should not exist. He suggested that Mr. Gaughan start there where his idea could have a major impact. Councilman Graber stated that his opposition was not about self-preservation. He has been a councilman for 10 years, understood what it takes, and did not believe a three member Town Board was the way to go. He further commented that this was all about power and control, not good government.

Councilwoman Bove stated that she could confirm some of the things Councilman Graber stated as she had contacted two attorneys at the Association of Towns in Albany and they informed her that before anything took place the Town Board would first have to pass a resolution to put this to a vote. After that, a petition could be circulated for five percent of the voters that voted in West Seneca in the last gubernatorial election or there could be another vote of the Town Board. The two attorneys in Albany responded to questions from municipalities across New York State five days a week, so she believed they knew what they were talking about, but for two attorneys here to decide that something could be done by just “hitting the streets,” they were either not doing their homework or were intentionally distorting the truth in order to force Town Board members to make a decision that did not have to be made. This was Councilwoman Bove’s fourth year on the Town Board and she referred to the senior citizens fitness center when it was suggested that the YMCA run the fitness center. The town would have had to pay the YMCA $120,000 a year for this, but instead of that, Councilwoman Bove became the coordinator of the senior citizens fitness center and interviewed and hired a trainer of 22 years that was used to working with challenged adults and senior citizens. That individual works directly for the town, part-time,

12-D   COMMUNICATIONS

1.    (continued)

so it costs the town a little over $20,000 a year instead of $120,000 a year. This was just one example of a Town Board member working for the taxpayers of the town.

Motion by Councilwoman Bove, seconded by Councilman Clarke, to amend the motion and direct the town’s independent auditors, Drescher & Malecki, to quantify cost saving measures initiated by Town Board members over the last eight years, to quantify revenue generating activity initiated by Town Board members over the last eight years, to obtain a list of services provided by Town Board members and the cost of otherwise providing those services if the Town Board was reduced, and to independently review the data collected that is contained in the Gaughan study for West Seneca for its accuracy.

On the question, Councilman Clarke agreed with Councilman Graber and Councilwoman Bove and thought it would be terrible if Supervisor Piotrowski got the final say on this. Councilman Clarke stated that he had spoken to a number of people in town and not only has Supervisor Piotrowski intimidated a lot of people, he fails to tell the Town Board members about problems and they find out from the residents instead. He commented that there should not be any secrets from the board members and they cannot help solve problems if they don’t know what is going on. Councilman Clarke thought this resolution was just a way for Supervisor Piotrowski to regain control.

Supervisor Piotrowski commented that politicians brag about cost savings, but nothing ever goes back to the taxpayers. He suggested they let the voters decide this issue in November.

Councilman Graber disagreed that nothing ever goes back to the taxpayers and referred to the gaslight conversion project. Residents were paying $250 to $300 annually for natural gas street lights. The savings paid for construction costs and at the end of ten years their street lighting cost will be $25 annually. Councilman Graber suggested that the Town Board stop spending time on non-issues like this resolution and focus on real issues.

Councilwoman Bove referred to career politicians and stated that Supervisor Piotrowski’s total number of years as a politician was greater than the combination of all four board members. She thought this was a good indication if this issue was good government or political and that people should be wary when two lawyers try to remove the voice of the people.

Councilman Clarke commented that when he took office this year, he took a reduction in salary with no benefits. However, Supervisor Piotrowski took a raise for his position and a salary as budget officer. He suggested that Supervisor Piotrowski lead by example because there were a lot of people in town that took a cut in pay.

Supervisor Piotrowski responded that prior to taking office this year there were two full-time secretaries in the Supervisor’s office, but he reduced that to one for a savings of over $50,000 including benefits. He was also entitled to a town vehicle, but he uses his own vehicle and pays for his own gas. Supervisor Piotrowski further noted that Councilman Clarke’s salary was reduced as required by federal law under the Social Security Act; it was not a voluntary reduction. If Councilman Clarke had elected to receive his full salary, it would have reduced his social security payments.

Councilman Clarke responded that he still could have chosen to receive his full salary.

12-D   COMMUNICATIONS

2.   Supervisor Piotrowski re Retirement of David P. Gump

Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of David P. Gump and terminate him as Heavy Equipment Operator in the Highway Department effective July 26, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Gump served the town for over 32 years.

3.   Supervisor Piotrowski re Friends of the West Seneca Library “Yard Sale”

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of the Friends of the West Seneca Public Library to host a “Yard Sale” on the property in front of the Library along Union Road on Saturday, September 20, 2008 from 8 A.M. until 2 P.M.

4.   West Seneca Town Board re Clinton Street “Oxbow Property”

Motion by Councilman Graber, seconded by Councilwoman Meegan, to affirm the Town Board action of July 12, 2004 accepting the donation of approximately 14 acres of vacant land located at 2805 Clinton Street, SBL #124.10-2-7, as a perpetual nature preserve in honor of the owners, the late Robert and Bernadette Jacobs, and authorize the Town Attorney to coordinate transfer of the property; and further, authorize that a professional real estate appraisal be performed on the abovementioned property at a cost to the Town of West Seneca not to exceed $1000.

On the question, Councilwoman Bove commented that there were many reasons to celebrate acquisition of the oxbow property on Clinton Street. The property has long been identified as a significant environmental asset for its aesthetic and functional value. The oxbow property along the Buffalo Creek provides green space for the town and acts to filter stormwater runoff, helping to cleanse the waters flowing to the Buffalo and Niagara Rivers, and further to Lake Erie and Lake Ontario. Councilwoman Bove stated that the Town of West Seneca looked forward to honoring the Jacobs’ family request in designating this area as a nature preserve.

5.   Councilwoman Meegan re Motor vehicle reports

Motion by Councilman Graber, seconded by Supervisor Piotrowski, to allow the Town of West Seneca to run motor vehicle report statements on all current and future employees to ensure that all employees are in compliance with the New York State Department of Motor Vehicles along with any and all obligations and agreements involving our insurance coverage.

6.   Town Attorney re Abandonment of Graham Avenue

Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item.

12-D   COMMUNICATIONS

7.   Town Engineer re Bid Award for Ice Rink Abatement Project

Motion by Supervisor Piotrowski to award the Ice Rink Abatement Project, Job No. I-0809, to A.A.C. Contracting, Inc., 175 Humboldt Street, Suite 200, Rochester, NY 14610, at their low contract amount of $188,582.

Motion was lost due to lack of a second.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to table this item until Monday, August 4, 2008 at 6:00 P.M. at which time a Work Session will be held to discuss all the ice rink issues followed by a special Town Board meeting.

On the question, Supervisor Piotrowski stated that abatement of the mold at the ice rink was an issue that had to be resolved in order to get the hockey season going. He commented that the Youth Hockey Association had been a fine partner to the Town of West Seneca and he was in favor of their proposition that the town pay for the mold abatement service, noting that the Youth Hockey Association spent over $50,000 for a new scoreboard, installed the girls’ locker room and coaches’ room, and brought great recognition to the town. Supervisor Piotrowski further commented that previous Town Boards were not good partners to the hockey parents, noting that the mold abatement issue was a result of no cleaning or inspection procedure being set up after installation of the ceiling. He referred to the consultant’s report indicating that this condition had been ongoing for many years. The prior Town Board was informed on October 3, 2007 of the problem with the refrigeration system and that it would cost $1.3 million to replace it. Supervisor Piotrowski did not understand why that Town Board did not set up a committee to discuss the future of West Seneca hockey at that time, but they chose to ignore the problem. In September 2007, an engineering firm submitted a proposal to inspect the structure, but the prior Town Board ignored that also. There were also maintenance issues with the Town Hall and Recreation Building. Supervisor Piotrowski stated that they must spend money annually on maintenance or they will continue to run into situations like this. Regardless of the vote on this item, Supervisor Piotrowski would be setting up a committee comprised of department heads, Town Board members, hockey board members, and hockey parents to resolve the issue of hockey in West Seneca. He asked that any parents that have input on this issue contact his office or attend the committee meetings. The town has a personal and financial commitment to over 1000 children and their families for a hockey season that is supposed to start in one month and a commitment for over $120,000 in uniforms. If they have to cancel the hockey season, the town will lose that money and have to refund money to the parents. Supervisor Piotrowski suggested they hold a Work Session today with the hockey board members in attendance at the meeting and they could reach some solution on this issue. He stated that if some of the board members had looked into this situation previously and discussed it with the hockey association, they would know that the hockey association offered to pay for part of the remediation work. They could also raise additional revenue from advertising in the ice rink. Supervisor Piotrowski also commented that roller hockey was taking off in WNY, but previous Town Boards ignored those summer revenues. Supervisor Piotrowski did not want to keep the children and parents in limbo and thought the Town Board should act on this issue so the abatement work could begin this week.

Councilman Graber stated that earlier at this meeting the Town Board had discussed reducing costs, and the reason the previous Town Board did nothing on the ice rink issue was because every time they spent money they got attacked. The ice rink had pretty much exceeded its useful life and they were hoping to have a work session next week to discuss various issues that relate to it. He commented that its takes a complete Town Board to make any decision and a work session would include all the board members and enable the hockey association, Town Engineer George Montz, Highway Supt. Patrick Finnegan, and Bldgs. & Grounds Supt. Steve Amoia to attend. Councilman Graber noted that the Ice Rink Abatement Project was not bid properly. Supervisor Piotrowski had unilaterally decided on a mold abatement specialist and entered into a special services contract, and he did not have the authority to do that.

12-D   COMMUNICATIONS

7.    (continued)

Supervisor Piotrowski responded that Mr. Montz and Mr. Finnegan were of the opinion that the mold problem was an emergency and he suggested Councilman Graber research General Municipal Law Section 105 concerning emergencies.

Councilman Graber stated that a flood, fire, or snowstorm would be an emergency, but he did not believe the ice rink situation was an emergency. He further commented that the town could also be sued by all the mold abatement specialists that were excluded from bidding on the project. Councilman Graber understood that the mold specialist Supervisor Piotrowski referred to was removed from an Orchard Park School District project. He was sued by the Town of Orchard Park and escorted off the project.

Supervisor Piotrowski requested Town Attorney Edwin Hunter’s legal opinion as to whether he, Mr. Montz and Mr. Finnegan complied with the requirements of General Municipal Law, Section 105 and noted that the Town Board members were notified of the procedures and steps they had taken.

Mr. Hunter recalled that Section 103-4 of the General Municipal Law addressed emergency situations and it would permit diverting from the normal bid process in an emergency situation. An emergency situation did not have to be a fire or flood; it could be the condition of a building or public property in jeopardy and this situation could be looked at in the context of the upcoming hockey season and the expenditures made. Mr. Hunter stated that he had met at the ice rink one morning with the board members, Mr. Finnegan, and Mr. Montz. At that time, he had a copy of the provision and discussed the appropriateness of the bid process with Mr. Montz. It was Mr. Hunter’s opinion that given the circumstances it was appropriate to take the action that was taken and bids could be let because the situation involved an emergency arising concerning the condition of a public building.

Councilman Graber commented that the building was unoccupied.

Mr. Hunter responded that it was still a public building.

Councilman Graber stated that there was a real question with the refrigeration system and there was speculation as to whether it would start up this year. The refrigeration system had pipes underneath the concrete and they were all the same age, so there were major failures occurring. Once the refrigeration system was up and running, the probability of having a failure was less, but there was no guarantee. Councilman Graber stated that they could spend this $188,000 plus additional costs for the professional services contract, but there was a good possibility that the refrigeration system would not start. They wanted to hold this item off until next week so they could have more input and make an educated decision based on the facts. Councilman Graber stated that his son played hockey and he was 100 percent in favor of refurbishing the complete ice rink. The question was whether they spend $250,000 or were there any other mold abatement individuals locally that would do the work for less. Councilman Graber questioned the legitimacy of the three contractors and stated that if the bid had come in at $30,000 or $40,000 there would be no problem. However, the additional money might be better spent on the engineering costs for designing or completely evaluating the ice rink. Councilman Graber thought it might be $3 million to $4 million to refurbish the ice rink and he questioned if the taxpayers would be in favor of that.

Supervisor Piotrowski stated that the individual that submitted the low bid was the mold abatement expert for Niagara University, Roswell Park, and dozens of other school districts in the area and he was found and recommended by Mr. Montz and Mr. Finnegan. The report and resume of the individual was available for anyone to review. Supervisor Piotrowski was not in favor of holding this off for another week.

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7.    (continued)

Councilman Graber stated that he had been asking about the ice rink since January, but nothing was done on this issue and then the specialist could not give a response for four weeks. Councilman Graber noted that it was not his actions that caused the delay.

Supervisor Piotrowski responded that Councilman Graber could have put together a committee last year to discuss the ice rink issues.

Councilman Graber stated that there was not going to be a committee. The Town Board would be discussing this issue at a work session next week.

8.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Engineering Department:

9.   Town Engineer re Purchase of emergency generator for Liberty Lane Lift Station

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of a Generac Power Systems, Inc. natural gas engine generator with automatic transfer switch and other appurtenances from Better Light and Power, 2140 West Henrietta Road, Rochester, NY 14623, at a total NYS contract price of $20,188.

10.   Highway Supt. re Military leave of absence for Joseph Steen

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a military leave of absence for Joseph Steen effective July 13 – 18, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Highway Supt. re Appointment of K. Doering & J. Fogarty as summer help in Highway Dept.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Kathy Doering and Joshua Fogarty as summer help in the Highway Department at a rate of $7.15 per hour effective July 28 – September 5, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

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12.   Highway Supt. re Appointment of E. Kowalewski as part-time laborer in Highway Dept.

Motion by Councilman Graber, seconded by Councilwoman Bove, to table this item.

13.   Highway Supt. re Appointment of D. Sadowski as summer help in Bldgs. & Grounds Dept.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint David Sadowski as summer help in the Buildings & Grounds Department at a rate of $7.15 per hour effective July 28 – September 5, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Highway Supt. re Ice Rink Perfect Attendance Bonus

Motion by Councilman Graber, seconded by Councilwoman Bove, to approve a Perfect Attendance Bonus of $.50 an hour per hour worked for the following employees that have not missed a day of work at the Ice Rink for the full season:

Jacob Ciulla – 447 hours
Ryan Kelley – 46.25 hours
Rick Mingle – 641 hours
Nicholas Lubkowski – 610 hours
Dennis Rich – 444.25 hours
Sean Steffan – 658.75 hours
William Zimmerman – 531.50 hours

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilman Graber stated that in 1998 the Town Board developed an ice rink work policy to address a problem with employees not showing up for work. Employees that do not miss a day of work the entire season are given an extra $.50 per hour and this has saved the town many thousands of dollars.

15.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Highway Department:

17.   Chief Gehen re Attendance of PO Ken Morano at NYS Police Juvenile Officers Association training conference

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Police Officer Ken Morano to attend the State of New York Police Juvenile Officers Association annual training conference in Ithaca, New York, August 25 – 29, 2008 at a cost not to exceed $1157.00, noting that the West Seneca School District has agreed to pay 50 percent of the expenses resulting in a final cost to the town not to exceed $578.50.

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18.   Chief Gehen re Status change for Public Safety Dispatchers to part-time seasonal

Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers James McCullough, James Kavanaugh, Edward Jarka, and Richard Galli to part-time seasonal effective July 1 – 31, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.   Chief Gehen re Status change for Public Safety Dispatchers to part-time seasonal

Motion by Councilman Graber, seconded by Councilwoman Bove, to change the status of part-time Public Safety Dispatchers James McCullough, James Kavanaugh, Edward Jarka, and Christopher Koehler to part-time seasonal effective August 1 – 31, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

20.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, authorize payment of $1762.21 to West Seneca Auto & Glass Inc. for repairs to Car #8 and $9588.19 to Eagle Point Gun for ammunition.

21.   Town Clerk re Philip Badame project – 2437 Berg Road

The petitioner was not present at the meeting.

Motion by Councilman Graber, seconded by Councilwoman Bove, to table this item.

22.   Comptroller re Leave of absence for Joanne Krakowski

Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a leave of absence without pay to Joanne Krakowski from her position as Senior Account Clerk effective July 16 – August 1, 2008 in accordance with the White Collar contract, Section 14.1 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilwoman Bove referred to the White Collar Contract and noted that an employee of the Town of West Seneca must have one year of continuous service before requesting a leave of absence, and this individual was already on a leave of absence. She questioned why Comptroller Robert Bielecki would go against the White Collar Contract and authorize a leave of absence. Councilwoman Bove stated that Mrs. Krakowski was an excellent worker, but the Town Board had to follow the union contract.

Supervisor Piotrowski questioned if this was a personnel matter that should be discussed in Executive Session.

Town Attorney Edwin Hunter advised that this item would qualify as a personnel matter and should be discussed in Executive Session.

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22.    (continued)

Motion by Councilwoman Bove, seconded by Councilman Clarke, to recess to Executive Session at 8:40 P.M. to discuss a personnel matter.

The Town Board returned from Executive Session at 8:45 P.M.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to amend the previous motion and receive and file this item.

23.   Acting Assessor re Budget amendment for part-time clerk salary

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a budget amendment for the year 2008 adding budget line item #001.1355.0139 Salary for Clerk P/T and transferring $15,000 from 001.1355.0100 to the new line item.

24.   Code Enforcement Officer re Out of title pay for Robert Pinnavaia

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve out of title pay for Robert Pinnavaia, June 18, 19 & 20, 2008 at the Code Enforcement Officer’s hourly rate in accordance with Article 27 of the White Collar agreement and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

25.   Recreation Director re Rate change for part-time Recreation Attendants

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a rate of pay change to $7.50 per hour for the following part-time Recreation Attendants effective June 27, 2008:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-D   COMMUNICATIONS

26.   Recreation Director re Part-time seasonal employees

Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the following employees effective June 25, 2008:

and further, appoint the following part-time seasonal employees effective June 30 – September 30, 2008:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-E   REPORTS

ISSUES OF THE PUBLIC

RESIDENT COMMENTS ON OXBOW PROPERTY AND DOWNSIZING TOWN BOARD

Michael Machnica, 195 Lexington Green, thanked the Town Board for their action on Item #4 concerning the oxbow property. He thought this was a great asset for the community and an opportunity for the town to show that they were interested in the preservation of green space and wildlife. Mr. Machnica further referred to Item #1 concerning downsizing the Town Board and commented that there were good arguments on both sides. He referred to Councilman Graber’s comments regarding the pressure of political party bosses if the Town Board were reduced and hoped that in the future the politicians elected to represent the people could stand up to the party bosses and represent their constituents instead.

ISSUES OF THE PUBLIC

FERAL CAT PROBLEM ON SENECA STREET

Pauline Dittmar, 2617 Seneca Street, and Jackie Martin, 2611 Seneca Street, presented a petition signed by 16 families in their neighborhood that were irate over a situation involving feral cats. Mrs. Dittmar stated that the resident at 2619 Seneca Street, Carol Bueme, feeds and traps feral cats in her back yard. These cats disrupt the neighbors’ yards by digging up gardens and scratching furniture and cause dogs to become sick from eating the cat feces. Two dogs had also been attacked by the feral cats. This situation was costing the residents’ money for veterinarian bills and replacement of gardens. Mrs. Dittmar stated that Ms. Bueme and her landlord were adamant about rectifying the situation after countless complaints via phone calls. Ms. Bueme also feeds birds and squirrels and the birds defecate on their fences and the squirrels dig up their gardens and bury peanuts.

Mrs. Martin stated that they had talked to the Animal Control Officers and were informed that they could not do anything with cats unless they were dead. The situation had become intolerable and the residents did not know what to do to resolve it.

Councilwoman Bove stated that she had contacted Code Enforcement Officer William Czuprynski to see if there was anything in code enforcement that would help this situation.

Mr. Czuprynski suggested that the Town Board adopt legislation concerning cats.

Supervisor Piotrowski stated that they would discuss this issue and Mr. Czuprynski’s suggestion with the Animal Control Officers.

RESIDENT QUESTIONS EXPENDITURES IN ANIMAL CONTROL OFFICE

Karen Lucachick, 61 Greenmeadow Drive, thanked Councilman Graber for his comment on work sessions and stated that although there had not been work sessions for the 15 years prior to the current administration, there should be work sessions. The public should be able to witness how the Town Board makes their decisions. Mrs. Lucachick stated that the public could not have input at a work session, but they were entitled to see how the board members were thinking. Mrs. Lucachick further stated that she had been looking at some of the expenses of the Animal Control Officers. She questioned why Crystal Rock water was delivered to the animal shelter, why there were Cingular Wireless and Verizon Wireless bills totaling $2789 for one year, payment to Sewing Technologies in the amount of $860, and payment to Designated Designs in the amount of $152. Mrs. Lucachick also questioned the salary line items “Overtime Gross” and “Other Gross” along with the regular salary line item and commented that these figures were incredible for a two week time period. She suggested that someone be hired to work the night shift so there would not be so much overtime paid. Mrs. Lucachick thought that the Comptroller or someone should be questioning these expenses, and she questioned who the Animal Control Officer answered to.

Supervisor Piotrowski responded that the Animal Control Office consisted of a department head and one employee. The department head controlled the employee and the Town Board controlled the department head.

Mrs. Lucachick questioned if anyone ever checked the wireless phone bills or if the Animal Control Officer filled out any reports. She thought the costs in this department were too high and suggested that the Town Board look into this.

Supervisor Piotrowski stated that the Town Board was reviewing each of the departments and looking at expenditures.

Mrs. Lucachick further questioned why the Comptroller did not pay the bill for the town employees’ health insurance and put everyone in jeopardy of losing their insurance. She commented that even if a bill wasn’t received there should have been some communication.

ISSUES OF THE PUBLIC

STATUS OF NOISE ORDINANCE & RFP’s FOR ENERGY SUPPLIER

Amy Carpenter, 406 Woodward Crescent, questioned the status of the Noise Ordinance.

Councilwoman Meegan stated that she met two weeks ago with Code Enforcement Officer William Czuprynski and Chief Gehen and the study was done on decibel levels. Deputy Town Attorney Paul Notaro was putting the results together and it should be on the next agenda.

Mrs. Carpenter further questioned the status of the request for proposals (RFP) for the town’s energy supplier.

Town Attorney Edwin Hunter stated that Councilman Graber was Chairman of the Utility Committee and he had met two or three times with him to fine tune the RFP. It was completed and ready to go out and they should be receiving bids shortly.

Mrs. Carpenter questioned if they had discussed working with the W.S. School Board to combine any of the services.

Mr. Hunter stated that he had not heard that suggestion prior to this meeting.

Mrs. Carpenter commented that the town needed to be more creative concerning its finances and also suggested that a grantwriter be hired. She thought there were some positions that would be key to get in place and also noted that she had only seen one job posting on the Internet, but more than 20 people were hired at this meeting. Mrs. Carpenter questioned why these jobs were not posted on the Internet so people could reply to them.

Supervisor Piotrowski stated that the department heads were supposed to contact the Town Clerk’s Office with any job postings in their department.

Mrs. Carpenter stated that not all the department heads were at the meeting and questioned how they would find out about what occurs at the meeting.

Supervisor Piotrowski responded that the department heads were informed about the Town Board’s decisions by reading the minutes from the meeting.

Mrs. Carpenter suggested that more strenuous emphasis be put on this and did not believe it was appropriate to hire people without the rest of the public having access to the positions.

RESIDENT QUESTIONS ACTIONS ON YOUTH BUREAU/AMERICORPS ISSUE

Paula Minklei, Orchard Park Road, stated that last month’s Town Board meeting was chaotic and unclear and left her with many questions. Mrs. Minklei questioned why Council Members Bove, Clarke and Graber voted against combining the Youth Bureau with the Recreation Department. She commented that Supervisor Piotrowski spoke clearly on the question for the motion as a money saving move, but there was no discussion against it, just three noes. Mrs. Minklei questioned if the “no” votes had anything to do with how long the town was obligated to keep Mr. Lazzara as Youth Bureau Director under the merged requirements with AmeriCorps, and if so, when that requirement ended. She further noted that the town was expending $100,000 or more on the Youth Bureau Director if his benefits were factored in.

Councilman Graber stated that he didn’t agree with combining the Recreation Department and the Youth Bureau. They always had two separate department heads and he thought this was the most effective.

ISSUES OF THE PUBLIC

RESIDENT QUESTIONS ACTIONS ON YOUTH BUREAU/AMERICORPS ISSUE (cont’d)

Councilwoman Bove stated that Mr. Lazzara was working with people in AmeriCorps as well as the Youth Bureau and the individuals at the Youth Bureau, such as the Peer Counselors, were constantly being aided by AmeriCorps people, so they had a good relationship. Because the salary Mr. Lazzara gets is really for both, there was no need to add an additional salary for someone else or give that work to someone not used to doing it. When something works well and the students work well with each other and it’s going along quite well, she did not see the need to break it. Councilwoman Bove thought there were some adults that had more empathy when working with youth and it promoted a fabulous atmosphere. She had talked to people within the Youth Bureau and found that aside from the financial part, there was a good working relationship and emotional tie and they were motivated to do even more on a daily basis. Because that works so well, it was a natural fit.

Mrs. Minklei questioned if Mr. Lazzara would continue as Youth Director as the town began to separate out from AmeriCorps.

Councilwoman Bove thought they would have to wait to see how this played out.

Councilman Graber commented that Mr. Lazzara had Civil Service protection as the Youth Director and traditionally when other towns merged the two, the Youth Director took control of the entire operation rather than the Recreation Director.

Mrs. Minklei questioned if the Recreation Director also had Civil Service protection.

Councilman Graber stated that the Recreation Director also had Civil Service protection, and in the past whenever the town tried to eliminate a job that had Civil Service protection the individual holding that position took the town to court and won. Councilman Graber further commented that the town received $27,000 from New York State each year to partially pay Mr. Lazzara’s salary.

Mrs. Minklei questioned the status of the Town of West Seneca/AmeriCorps agreement, if it had been reviewed and signed, was a copy available for public review, and why Councilwoman Bove was appointed to administer the agreement instead of the Town Attorney or Comptroller. She thought an appropriate department should oversee the legalities and keep board members up-to-date as each grant obligation changes.

Councilwoman Bove stated that Deputy Town Attorney Paul Notaro was working on the agreement with AmeriCorps and she did not know the status of it.

Town Attorney Edwin Hunter stated that Mr. Notaro had been collaborating with him on the agreement since shortly after the June 23rd meeting when the agreement was presented to the Town Board. The grant administration agreement was really not an agreement, it was a number of statements and it did not quite fit the term “agreement”. It was not complete and there were a number of open issues. On June 25th, Mr. Notaro had asked Mr. Lazzara for copies of the nine grants referenced in the attachment to the grant administration agreement and Mr. Hunter wrote to Mr. Lazzara on July 15th because they still had not received the copies. In his correspondence to Mr. Lazzara he stated that he understood the copies of the grants were going to be delivered to the Town Attorney’s office on July 15th and he thanked him for providing the information since neither the Town Attorney’s office nor the Comptroller’s office had copies of the grants. Mr. Hunter further stated in his correspondence to Mr. Lazzara that in the background recitals to the agreement, Mr. Lazzara indicated cash match requirements by the town from August 1, 2008 through completion of $1,705,770 and in-kind match requirements of $1,767,553. He asked Mr. Lazzara to provide a breakdown calculation of these amounts because he did not find them apparent from the agreement or the attachments thereto. Mr. Lazzara referenced the figures in the agreement, but there was no clear explanation. In looking at the documents and figures attached, it did not come up

ISSUES OF THE PUBLIC

RESIDENT QUESTIONS ACTIONS ON YOUTH BUREAU/AMERICORPS ISSUE (cont’d)

to the figures he quoted. The grant administration agreement indicated that the town had established partnerships with numerous other agencies, municipalities and not-for-profit organizations, what Mr. Lazzara calls grant partners, to meet the cash and in-kind requirements of the grants. The Town Attorney’s office was unable to locate any such partnerships or partnership agreements and Mr. Hunter asked Mr. Lazzara to forward copies of these, or if there were no written agreements regarding the partnerships to please explain their operation and who entered into the partnerships on behalf of the town. Mr. Hunter stated that as of this date he had not heard anything further and neither had Mr. Notaro. They had received the nine grants and Mr. Notaro was going through them, but there was a lot of information.

Mrs. Minklei questioned if the agreement would be available for public viewing when it was completed and signed.

Supervisor Piotrowski advised that the agreement was a public record and would be available for the public to review it.

Councilman Graber stated that it took a member of the Town Board to officially sign any action. Typically it was the Supervisor, but in this case they chose Councilwoman Bove. The Town Attorney always signs with the board member, but the Town Board was the sole responsible party to sign the official document.

Councilwoman Bove also noted that she was one of the liaisons to AmeriCorps and the Youth Bureau.

Mr. Hunter stated that Councilwoman Bove had been very close to the issue for a long time and was the logical person to sign the agreement.

Mrs. Minklei questioned what contributed to the overtime expense for Peer Counselors and the YES program.

Councilman Graber responded that the YES program was the reason for the overtime. The YES program employee left about 1½ years ago and the Peer Counselors took over that work. Councilman Graber noted that since the Peer Counselors became involved the success of the YES program increased dramatically, but they were working on ways to reduce the overtime expenditure.

Mrs. Minklei questioned how the Town Board determined the success of the YES program when the Peer Counselors wrote their own evaluations. She commented that usually when someone does a job, someone else evaluates it.

Councilman Graber stated that they could talk to the kids and the people they service on whether the YES program was a success.

Mrs. Minklei questioned who paid for litigation proceedings involving AmeriCorps and its former employees.

Supervisor Piotrowski advised that in the past the town has paid for litigation expenses involving former AmeriCorps employees.

Councilwoman Bove stated that this would be changing as the separation takes place. They looked at this when preparing the agreement and agreed that AmeriCorps should be responsible for the billing.

ISSUES OF THE PUBLIC

RESIDENT QUESTIONS ACTIONS ON YOUTH BUREAU/AMERICORPS ISSUE (cont’d)

Mrs. Minklei further questioned the plan for 20 School Street after it was rehabilitated and who the owner would be.

Councilwoman Bove advised that AmeriCorps will own 20 School Street when the property is rehabilitated.

Councilman Graber stated that it was the town’s intent to completely deed 20 School Street and 16 School Street over to WNY AmeriCorps. They probably would not include the Metz house at 12 School Street.

Mrs. Minklei hoped that there would be some discussion before the town decided to sell the Metz house. She also requested that the Town Board adopt a motion to make public town employee budget costs. The Town of Orchard Park’s web page listed every town employee, their total estimated benefits, and total cost for the employee. Mrs. Minklei stated that this information could be invaluable when preparing and reviewing the town budget and when deciding whether to hire additional employees.

Dolores Stefanacci, 28 Organ Crescent, questioned if Mr. Lazzara was ever given a job description and commented that when she worked there Mr. Lazzara had nothing to do with the Youth Bureau; his life was totally centered on AmeriCorps. She was in favor of the Recreation Department and Youth Bureau combining and suggested Jim Lawson for the job. Mrs. Stefanacci stated that she worked for the Youth Bureau for nine years and during that time the Youth Bureau was handled by Mr. Lawson and he did a wonderful job. He established many new and innovative programs for the youth that were very successful. Mrs. Stefanacci did not believe Mr. Lazzara should be receiving any pay from the town as Youth Director. She noted that Mr. Lazzara had stated that they could not pay someone with town funds to do AmeriCorps work, but he paid Mr. Lawson with AmeriCorps money to do town work. Mrs. Stefanacci stated that as long as something fit Mr. Lazzara’s agenda it was alright. She did not understand why the previous Town Board allowed this or why the current Town Board continued to allow it. Mrs. Stefanacci stated that she and many other employees at the Youth Bureau were not treated fairly and the town deserved an explanation as to what Mr. Lazzara does and where the money goes.

SIDEWALKS ON BARNSDALE AVENUE

Jeff Daley, 138 Barnsdale Avenue, questioned the status of a petition that was submitted concerning the construction on Barnsdale Avenue and the proposal to move the sidewalks closer to the residents’ houses.

Supervisor Piotrowski stated that he had responded to Mr. Daley in a letter stating that he had received the petition and provided a copy to Town Engineer George Montz and the other board members. Mr. Montz would be submitting to the Town Board his engineering view as to why the sidewalks would be placed where proposed. Supervisor Piotrowski stated that Mr. Daley and the other residents would be contacted after the Town Board receives that information.

Mr. Daley noted that Knox Avenue went through the same situation and the residents of Barnsdale Avenue wanted to be afforded the same courtesy that the residents of Knox Avenue received. The middle of Barnsdale Avenue currently had sidewalks, but the two ends did not. Mr. Daley thought the sidewalks should be replaced in the same location instead of taking more of the residents’ front yards.

ISSUES OF THE PUBLIC

SUPPORT FOR REFERENDUM ON DOWNSIZING TOWN BOARD

Dave Weitzel, 55 Shirley Drive, stated that he was a member of the Political Affairs Committee for the Buffalo/Niagara Association of Realtors and he was asked to speak to the West Seneca Town Board. The Political Affairs Committee tackled a number of issues and looked for legislative means to protect property rights and property values. As they look at the challenges many homeowners face in WNY, they try to compare the area to other communities that continue to prosper while this area continues to struggle. The one thing they have consistently seen in other communities is the direct relation to the size of government in relation to the burden on the taxpayers. The association looked for different ways to try to ease that burden on homeowners and ultimately increase their property values. They looked for different ways to “right size” government and believed that decreasing some of the representation and burdens they place on homeowners will result in considerable taxpayer savings and a demonstration of the community’s ability to change. Mr. Weitzel commented that the only thing that notably changed within this region in the last one hundred years was that it went from one of the most prosperous communities to the second poorest in the country. He did not believe there should be an argument over maintaining the status quo and thought that something had to change. Mr. Weitzel thought Mr. Gaughan’s idea to consolidate the boards across WNY by two members was a good concept and town services would not suffer because of it. He noted that on April 11th the Buffalo/Niagara Association of Realtors voted to endorse Mr. Gaughan’s proposal that all Town Boards and Village Boards consolidate by at least two board members and they continue to support it publicly. Mr. Weitzel referred to earlier comments that decreasing the size of the Town Board would limit the voice of the people in their government, but yet there was no ballot measure in place for West Seneca and regardless of the residents creating a petition it seemed to be an opinion that was disregarded. He asked that the Town Board give the residents the opportunity to vote on what type of government they wanted to represent them. Whether the board members were for or against decreasing the size of the Town Board, no argument could be made against giving the residents the opportunity to vote on this issue.

TOWN VEHICLES & YOUTH BUREAU ISSUES

Michael Lowe, 98 Southgate Drive, referred to the list of town vehicles that were taken home by town employees and questioned where the Town Board stood on this issue.

Supervisor Piotrowski responded that there were seven vehicles taken home by town employees and as the Town Board reviewed the various departments this issue would be addressed. One of the vehicles used in the Youth Bureau was surrendered this date.

Mr. Lowe questioned how Mr. Lazzara’s job was protected under Civil Service Law.

Councilman Graber stated that Mr. Lazzara took a test and was awarded the job based on the results of that exam. He did not have the job description but noted that it required a very high level of education. In order to terminate someone with Civil Service protection there would have to be cause and it was subjective as to whether there was cause. Councilman Graber did not believe there was cause for termination.

Mr. Lowe thought there was cause if Mr. Lazzara was not doing his job as Youth Bureau Director and was instead focusing more on AmeriCorps projects.

Councilman Graber stated that according to NYS, Mr. Lazzara was doing what he was supposed to do. As Youth Bureau Director he was supposed to go out and bring in money, and in the eyes of NYS he was probably No. 1.

ISSUES OF THE PUBLIC

TOWN VEHICLES & YOUTH BUREAU ISSUES    (continued)

Mr. Lowe further referred to earlier comments on the expenditures in the Animal Control department and stated that he would be e-mailing each of the board members the ledger he and other residents received concerning overtime in that department and questionable expenses for cell phones and a credit card. He thought this was blanket spending and also suggested that the two officers be changed to first and second shift during the next negotiations to mitigate some of the blatant overtime.

Councilman Graber responded that Comptroller Robert Bielecki sent out the preliminary budget documents to each of the department heads and made it clear that the “Other Expenses” will not be tolerated as it has been in the past. He intends to put as many items as possible in a specific line item.

Mr. Lowe was happy that the budget would be prepared in greater detail and commented that he had suggested this last year but the previous Town Board voted against his request.

Councilman Graber stated that he didn’t agree with Mr. Lowe’s suggestion last year, but they were constantly improving the process. He noted that they have been behind the times on certain things and they were trying to improve.

Councilwoman Bove noted that she voted against the budget last year.

SUGGESTIONS FOR REDUCING THE COST OF GOVERNMENT

Daniel Warren, 836 Indian Church Road, had serious reservations about the proposal to reduce the Town Board because he did not believe it would save money. He commented that if the Town Board were reduced to three members, there was a possibility that the remaining three members could justify an increase in their pay by doing the work of five, or alternatively, hire other employees. Since this could not be guaranteed, he would rather have two people that were accountable to him and his vote at the end of the day than some appointed person that wasn’t. Mr. Warren agreed that government had to change and stated that Lackawanna was once a part of West Seneca, and currently under the revenue sharing agreement with the county, cities in Erie County shared in a special 10 percent pot. He suggested that West Seneca be changed to a city and share in that money as well. West Seneca had a population of over 46,000 and that was twice the size of the City of Lackawanna. Mr. Warren suggested merging with Lackawanna to form an even larger city. He thought changes like this would affect a larger change in the tax dollars, along with sharing of resources like a joint purchasing agreement with the school system by an even larger volume than they currently do. Mr. Warren suggested eliminating the Receiver of Taxes, sending the money to a bank drop box, and transferring whatever couldn’t be outsourced to the Comptroller’s Office. He also suggested that each of the four council members be from different wards and represent a specific 10,000 group of people based on geography to eliminate the potential for all the board members being from the same area.

ICE RINK ISSUE

Tom Trimper, 14 Pine Valley Court, questioned what was done with the ice rink in the last ten years and why it just became an issue this year.

Councilman Graber stated that they had made repairs over the years, but no one wanted to do what was necessary to fix the problem. Before he was elected to the Town Board, the prior Town Board spent a lot of money on new parks in town. Bellwood, Sunshine Park, Russert Park, and the soccer complex were built at a total cost of $10 to $12 million. Councilman Graber thought they should have focused on the ice rink first and commented that it should have been replaced ten years ago.

ISSUES OF THE PUBLIC

ICE RINK ISSUE    (continued)

Mr. Trimper stated that the Town Board should have been maintaining the ice rink over the years.

Councilman Graber disagreed and stated that every time they spend money they get attacked. To refurbish the ice rink and put in a new ice surface would cost $1.3 to $1.5 million. One of the reasons there was mold in the ice rink was because there was inadequate ventilation, so it wouldn’t solve the problem if they cleaned the mold off and didn’t change the ventilation. Councilman Graber stated that to completely refurbish the ice rink it would cost $3 to $4 million and the previous Town Board was ignoring it. He noted that in the ten years he has been on the Town Board, no one from the hockey association ever contacted him asking what could be done about the ice rink. The only thing they ever asked for was an additional ice surface. They never asked that the Town Board address the refrigeration problem or other issues at the ice rink. Councilman Graber stated that the previous Town Board did not want to spend the money and now it was to the point where they had no choice.

Mr. Trimper commented that there were some double digit tax increases four or five years ago.

Councilman Graber agreed but stated that it was not because of the ice rink. In the last couple of years, most of the reason for the double digit increases was the town’s pension costs that went from $53,000 in 2000 to $1.9 million in 2007 because the NYS Assembly and Senate changed the employees’ contribution after ten years to zero.

Mr. Trimper further commented that Councilman Graber should not be so hostile when someone from the public asks a simple question.

Councilman Graber noted that Mr. Trimper was the brother-in-law of Supervisor Piotrowski and he has been coming to the Town Board meetings consistently as a setup.

Mr. Trimper noted that Councilman Graber’s wife works for AmeriCorps and he should have abstained from the vote on that issue.

Councilman Graber responded that his wife worked for AmeriCorps before he was on the Town Board and she was not a town employee. The only thing the Town Board voted on concerning AmeriCorps was the funds that come from the town. The Town Board did not vote on their grants or how they were spent. Councilman Graber stated that some people feel that Mr. Lazzara is not doing a good job, but the Town Board thinks that he is doing a good job. He stated that the main reason they never dealt with the ice rink was because it was very costly and whenever it was brought up nobody wanted to talk about it. Councilman Graber stated that he brought up the ice rink issue earlier this year in January, February and March.

Mr. Trimper questioned if the issue was brought up over the last ten years.

Councilman Graber responded that they had been discussing the refrigeration system since last August when it failed. He had met with Highway Supt. Patrick Finnegan to talk about a new refrigeration system, but they couldn’t move forward because it was election time and it would impact the three people running for office. When those individuals were defeated they didn’t care to discuss the issue and they didn’t want to saddle the new board members before they knew what was going on. Councilman Graber stated that there were issues with the entire ice rink and most voters, if they were not hockey people, only cared about their taxes. He further stated that the hockey association felt strongly that they could sell this to the voters, and Councilman Graber believed them and would be out there helping them sell it because they could not wait anymore. The ice rink issue was the biggest decision the Town Board has made in years, but there was a question whether they should build a complete new rink. They could save energy costs by lowering the ceilings and have a new rink altogether.

ISSUES OF THE PUBLIC

ICE RINK ISSUE    (continued)

Virginia Grandoni, 870 Orchard Park Road, stated that she had asked the Town Board a number of times in the past to fix her sewers, but the town did not have the money. Mrs. Grandoni stated that her insurance was cancelled and now it had skyrocketed. She understood that the town did not have the funds to fix her sewers or the ice rink, but there were priorities. Mrs. Grandoni stated that if she were to vote on a referendum, it would be for a new police station or to fix her sewers, not for a new ice rink.

Councilman Graber stated that the town was spending $500,000 each year to improve the sewer system, but it was 105 miles long and 80 percent of it was clay pipe that was old and fractured, tree roots had gotten through it, and the seals were disintegrated. Councilman Graber further stated that the ice rink could be rendered no longer available and the hockey association could push for a referendum on the issue. The town had provided this service for 33 years and he was in favor of the issue going on the ballot for the voters to decide.

Joan Russo, Parkside Drive, referred to Councilman Graber’s earlier comment concerning the $12 million spent in previous years on town parks, including the soccer park, and his thinking that this was an exorbitant amount of money that could have been used elsewhere. Mrs. Russo questioned if the reason money was not spent on the ice rink at that time was because it was almost a known fact that there would be a new ice rink on Clinton Street.

Councilman Graber responded that the soccer complex plan was developed in November 1997 and he and Timothy Wroblewski became Councilmen on January 1, 1998. They did not hear about it until after they were on the Town Board, and as new members they did not want to be obstructionists. Mr. Wroblewski had a very close relationship with the hockey association and Councilman Graber stated that he liked hockey but was new and had never really looked at the town in terms of needs. He thought it was a shame that the hockey association did not seize that moment because looking back now the money should have been spent on the ice rink. Councilman Graber stated that the ice rink on Clinton Street never had a chance. Initially there was a lot of debate on environmental issues, but the $40 million issue was a fatal flaw and there was never any chance for the ice rink. Councilman Graber stated that at that time he only needed one additional vote and it would have required a mandatory referendum. It was made perfectly clear to Savarino that the issue was dead and if they were even able to initiate it to a point where the Town Board would vote on a bond, it would go to a mandatory referendum. Councilman Graber commented that Sunshine Park, Bellwood Park, and Burchfield Park were excellent parks, but the ice rink should have been dealt with ten years ago. Then the town tax rate skyrocketed because of the increased pension costs and the previous Town Board didn’t want to consider it. Councilman Graber stated that initially and for the longest time his goal was to stop them from spending money. After they stopped spending money, they started to look at things from a priority standpoint. They had to spend money on town facilities like the Town Hall that needed more space and the Kiwanis Center that was always flooding, but the ice rink also needed to be overhauled. Councilman Graber stated that he dragged his feet on this issue because he did not have political support from the other members of the Town Board, but now it did not matter anymore. He stated that one of the things they always overlooked was to put together a plan, involve the citizens, and let them vote on it. The previous Town Board voted on the bonds for the various parks and they were subject to permissive referendum, but Councilman Graber always questioned why they were trying to hide from the fact that the public could vote on it. He thought they should put together a plan and go directly to the voters. Councilman Graber further stated that they were concerned about the mold in the ice rink and Supervisor Piotrowski rightfully wanted a second opinion because they could not simply believe the first person that came in. Supervisor Piotrowski got someone who was well known and considered one of the top guys in the northeast to give a second opinion. Due to the fact that the individual was very busy, it took him four weeks to give the town a response. They got the response last week and the project was bid last Thursday, but because the bids were as high as they were Councilman Graber thought they should get everything out on the table and not postpone it any longer.

ISSUES OF THE PUBLIC

ICE RINK ISSUE    (continued)

Mrs. Russo referred to the work session on the ice rink and suggested that work sessions be held on other issues to help resolve them.

Councilman Graber agreed and commented on the spirited debates they had on AmeriCorps, downsizing, and the ice rink. He thought they needed spirited debates on everything and they should start telling the public why they come to the conclusions they come to. If it is flawed, the public will realize it just by listening, and at the same time, if the public provides input that is better he will delete his and replace it with theirs. Councilman Graber stated that this was long overdue and they had to start having open debates where the people could listen to them on the issues in accordance with the Open Meetings Law. He stated that everyone tries to avoid it and they can meet with two people, but the end result is they never talk about the serious issues.

Mrs. Russo agreed with an earlier comment that there should be priorities and it should be the priority of the constituency, not the priority of the people in power. She hoped the current Town Board would work together and make it different.

Mike Pinnavaia, 78 Brantwood Drive, did not see where the Town Board would put a lot of money into the ice rink. He questioned what the Town Board had done to secure ice for the thousands of kids in the hockey program now that they were aware that the ice rink was in dire straits and noted that the town recreation program was West Seneca Youth Hockey so the Town Board should be putting forth some effort to secure ice.

Councilman Graber stated that the Town Board did not know what they were going to do with the ice rink. He suggested that Mr. Pinnavaia talk to the hockey association concerning the ice time, noting that they took care of their own scheduling. He understood that the hockey association was securing as much ice time available as possible.

Mr. Pinnavaia stated that in other words the Town Board just gives the hockey association to the people and if they don’t come up with the ice the Town Board can say that they really didn’t fail, West Seneca Youth Hockey failed.

Councilman Graber disagreed and stated that all the ice time that is securable and has been secured was secured by West Seneca Youth Hockey. He did not know how much ice time that involved.

Mr. Pinnavaia thought it was the Town Board’s job to know how much ice time was secured, and he commented that this was how the town got in trouble with the soccer complex. They gave the soccer complex to the soccer association and then got the bill back to pay for the soccer fields.

Councilman Graber stated that the hockey association has operated this way since before he was elected to the Town Board.

Mr. Pinnavaia agreed but stated that they were still governed by the Recreation Department.

Councilman Graber stated that the ice rink issue was not just structural, environmental, or refrigeration, there were administrative problems also. They had to correct everything there.

Mr. Pinnavaia stated that they had taken an outdoor arena and enclosed it without the proper ventilation. Consequently, moisture and mold developed. He further noted that it was enclosed because people appeared before the Town Board years ago and demanded that they enclose the ice rink, and now they had a problem. Mr. Pinnavaia thought that the Town Board should do something about securing ice for the program.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PAYMENT FOR DEMOLITION COSTS

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment to Pirritano Excavating in the amount of $10,310 for demolition of 146 Aurora Avenue and $19,743 for demolition of 53 Wichita Road, noting that these payments will be assessed to the property tax rolls.

SEARCH AND SURVEY FOR OXBOW PROPERTY

Town Attorney Edwin Hunter referred to a memo from the Environmental Commission to Councilwoman Meegan that was attached to agenda item #4 concerning the oxbow property on Clinton Street and stated that in mid-June he had tracked down the attorney for the Jacobs’ estate, Dean Drew. Mr. Drew informed Mr. Hunter that he was attempting to locate the search and survey for the property. He was aware that the matter had been discussed in October 2004 and Mr. Hunter asked him if the Jacobs’ family was still interested in conveying the property since it was four years later. Mr. Hunter advised that the Jacobs’ family was still interested, but the memo that came to Councilwoman Meegan’s attention overlooked the fact that if the town has to get a new premises search it would cost over $1000 for a 14 acre parcel. This was aside from the $1000 appraisal cost. The survey would also be needed to do a legal description to convey the property to the town, and he estimated that cost to be over $8000 for 14 acres of vacant land, riparian and wooded property. Mr. Drew had stated that he would try to get the search and survey because he believed that one existed, but Mr. Hunter had not heard back from him yet. He would keep the Town Board up-to-date on this issue.

COMPTROLLER RESPONDS TO W.S. BEE ARTICLE ON BCBS PAYMENT

Comptroller Robert Bielecki referred to an article in the West Seneca Bee concerning the Blue Cross/Blue Shield (BCBS) health insurance for town employees. He stated that after his appointment in January 2008, he had a meeting with Supervisor Piotrowski at which time he asked him what issues he should become aware of. Among other items, Supervisor Piotrowski mentioned the BCBS insurance problem. He informed Mr. Bielecki that the town had negotiated with BCBS for a new contract to start in August 2007. The town had agreed to a new set of rates that were favorable; however, when the town received their first bill for payment for the August 2007 period, the reflective rates were significantly higher than what the town agreed to. The invoice for August 2007 was paid and BCBS was contacted to discuss the rate issue. After this, no further invoices were received from BCBS. Consequently, no payment was made for September 2007. The town continued the negotiation process with BCBS to discuss the rates. As negotiation continued, no payments were made for the following period and no invoices were received: September 2007, October 2007, November 2007, December 2007, and January 2008. Mr. Bielecki asked Supervisor Piotrowski why BCBS was continuing to provide health insurance when they had not been paid for five months. He stated that the negotiations were continuing. The unpaid balance at that point was well in excess of $1.5 million. This all transpired during the prior administration and both Councilwoman Bove and Councilman Graber were members of that administration. In mid-January 2008, Mr. Bielecki attended a meeting with Supervisor Piotrowski and various representatives of the town’s unions. The union personnel were briefed on the issue and asked for their feedback. They supported Supervisor Piotrowski’s efforts to pursue the negotiations. Over the months that followed, Mr. Bielecki asked Supervisor Piotrowski how the negotiations were going, as the town’s unpaid balance was growing. He was told the negotiations were continuing. On Friday, July 18th, he asked for and received a meeting with Supervisor Piotrowski. Among other issues he discussed was the balance owing to BCBS. Mr. Bielecki brought this up in the context of a cash flow issue as he was concerned about the growing balance of this item along with the growing balance of the AmeriCorps advance and the funds that will be disbursed for capital projects. Mr. Bielecki had been told that the 2007

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

COMPTROLLER RESPONDS TO W.S. BEE ARTICLE ON BCBS PAYMENT    (continued)

capital projects had not been bonded, but were paid out of regular cash balances. He expressed his concern that the cumulative effect of these items could have a detrimental effect on the cash balances later in the year. Additionally, Mr. Bielecki asked Supervisor Piotrowski if he knew what the meeting that was called for 5:00 PM that day was about. He was notified about the meeting two days before and Supervisor Piotrowski told him he did not know what the meeting was about. Mr. Bielecki informed Supervisor Piotrowski that he had made a prior commitment for that time and asked him if he felt it was imperative that he attend the meeting. Supervisor Piotrowski told Mr. Bielecki that he did not think it was necessary that he be in attendance; and therefore, Mr. Bielecki told Supervisor Piotrowski that he would not attend the meeting. Mr. Bielecki stated that the Comptroller’s Office had not been receiving invoices from BCBS; however, the fact that they did not receive the invoices had no bearing on whether or not payment would be made. A cumulative payment of this magnitude could only be paid with Town Board approval; it could not be paid unilaterally by the Comptroller’s Office. Mr. Bielecki stated that the Comptroller’s Office had never been asked for information on the unpaid balance by Councilwoman Bove or Councilman Graber, both of whom were members of the prior administration when the non-payment issue started. They also had not inquired whether the negotiations with BCBS were resolved or ongoing. As the balance in January 2008 was in excess of $1.5 million and there never was a Town Board resolution to pay off the old balance, Mr. Bielecki would have believed that they would infer that the problem still existed, but this did not appear to be the case. In summary, Mr. Bielecki stated that there never was any question that the liability existed to BCBS. This fact was known by the Comptroller’s Office, Supervisor Piotrowski, the unions, and even acknowledged by Councilman Graber. The only question was when it would be paid and under what circumstances. Mr. Bielecki stated that he was never contacted by any staff member of the West Seneca Bee to verify or disagree with any of the statements made in the articles that were published, and he obviously interpreted the facts differently from what was published.

Councilwoman Bove stated that Mr. Bielecki mentioned her name and Councilman Graber’s name in his statement, and she questioned whether she ever asked him if he paid the electric, gas, and phone bills monthly for the town or if there was any reason why she would ask him that.

Mr. Bielecki responded that Councilwoman Bove had never asked him about payment of those bills and there was probably no reason for her to ask that.

Councilwoman Bove assumed that it was the responsibility of the Supervisor and Comptroller to pay the town’s bills. She stated that she did not know that the BCBS bill was not paid and it was incorrect for Mr. Bielecki to state that somehow she knew the bill was not being paid. Councilwoman Bove stated that it was Mr. Bielecki’s responsibility and they had to count on him. She further noted that Mr. Bielecki was not the personal bookkeeper or Comptroller of Supervisor Piotrowski and he needed to give information to all Town Board members and not just Supervisor Piotrowski. Councilwoman Bove noted that Supervisor Piotrowski does not inform the board members of information, so she thought it was understandable that the miscommunication came back at Mr. Bielecki without anyone realizing it.

Mr. Bielecki agreed but stated that his opinion of Councilwoman Bove when he first started as Comptroller was that she was very knowledgeable in the goings on of the town and if the town had not signed or was having a problem with BCBS she would be intimately involved with that process. If the town had not paid its insurance for five months, he thought Councilwoman Bove would be intimately involved because he thought she had a handle on everything and if this was not correct then he was wrong.

Councilwoman Bove responded that Mr. Bielecki was incorrect; she had no knowledge of BCBS not being paid.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

COMPTROLLER RESPONDS TO W.S. BEE ARTICLE ON BCBS PAYMENT    (continued)

Councilman Graber stated that under the previous administration with Clark & Koller, Charles Koller was quite the CPA. He took care of everything and the Town Board was never really told everything; they were conditioned to this and just waited for word from Mr. Koller that there was a situation. Councilman Graber asked that in the future if there are any situations, Mr. Bielecki contact each of the board members so no one can say that they were not made aware of something. He further stated that prior to Mr. Bielecki becoming Comptroller, he was unaware how much money the town was advancing for AmeriCorps, but the reason they advanced the money was because of how successful they are and the more successful they got the more advancing the town would have to do. Councilman Graber stated that Clark & Koller kept everything close to their vest and the board members used to try to drag the information out of them, but if there were no problems they never thought to ask questions because they were not applying their energy in that direction.

ADDITIONAL COMMENTS ON DOWNSIZING GOVERNMENT

Councilman Graber responded to an earlier comment from the public concerning the Buffalo/Niagara Association of Realtors’ endorsement of Mr. Gaughan’s proposal and commented on the number of problems that were generated by Albany. At one time, the town received a lot of state aid, but since Governor Cuomo the state aid to the towns was reduced dramatically. The town’s only chance for new revenue was bringing in new commercial retail development. He referred to the new commercial development in Clarence, Amherst, and Orchard Park and commented that they were prospering. Councilman Graber stated that Pyramid Corporation owned the former Seneca Mall site and he told them that he did not believe they wanted to develop it. He commented that West Seneca was hurting because they were not bringing in the same type of revenue as Cheektowaga, Amherst, and Clarence were, and if they were, they would be better able to deal with the financial issues. Councilman Graber suggested that someone go after Albany where most of the large governmental problems start and end. He noted that every dollar the town taxes its residents is spent in West Seneca, but this was not true for Erie County taxes, New York State taxes or federal taxes.

ADDITIONAL COMMENTS ON ICE RINK ISSUE

Councilman Graber referred to the ice rink issue and commented that the previous Town Board did not do anything like they should have, but it was a waste of time to talk about that now. They needed to come up with a plan that they could sell to the citizens so they would feel good about voting in favor of a referendum, just like they felt good about voting for the school budget each year. Councilman Graber stated that this would be up to the voters and if they put together a plan and worked together as a team they could make it happen. Councilman Graber noted that last year he had spoken to Jim Schoenhals about all the problems at the ice rink and stated that they needed a plan, but three members of the old Town Board were leaving office. Although they should have, they did not want to saddle the new members with such a large problem, but they now needed to move forward.

ADJOURNMENT

Motion by Supervisor Piotrowski, seconded by Councilwoman Bove, to adjourn the meeting at 10:15 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK