West Seneca Town Board Meeting Minutes 10/20/2008
Deputy Supervisor Vincent J. Graber Jr. called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Troop 616. ROLL CALL: Present -
Absent - Wallace C. Piotrowski, Supervisor Deputy Supervisor Graber read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. Deputy Supervisor Graber announced that Supervisor Piotrowski was recovering from thyroid cancer surgery and unable to attend this meeting. The budget meeting scheduled for October 22, 2008 would be rescheduled to allow Supervisor Piotrowski additional time to recover so he can attend that meeting. Motion by Councilman Graber, seconded by Councilwoman Meegan, to reschedule the public hearing on the 2009 town budget to October 29, 2008 at 7:30 P.M. at the West Seneca Senior Citizens Center.
Motion by Councilman Graber, seconded by Councilman Clarke, to recess to Executive Session at 7:40 P.M. to discuss legal matters.
The Town Board returned from Executive Session at 8:05 P.M. 17-A MINUTES TO BE APPROVED
17-B TABLED ITEMS 1. Adoption of Noise Ordinance Motion by Councilman Graber, seconded by Councilwoman Bove, to remove this item from the table.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the revised Noise Ordinance. On the question, Deputy Town Attorney Paul Notaro stated that three changes had been made to the revised ordinance. In Section 82-4(a), the last sentence was conformed to other paragraphs within the ordinance so that it matched throughout the document. Section 82-7(c) was eliminated to prevent utilities from potentially doing work improperly during the night and Section 82-7(e) which was renumbered to Section 82-7(d) was modified to allow utilities to perform work during the night only for emergency repair and restoration. With regard to Section 82-5 concerning the actual noise limits in certain areas of town, a study was done at the highway garage at 10:00 P.M. one evening. Chief Gehen, Code Enforcement Officer William Czuprynski, Councilwoman Meegan, and Mr. Notaro used the decibel meter to do some testing and Mr. Notaro provided them with the decibel levels of various pieces of equipment so they could make sure they were not creating a problem with the levels that
17-B TABLED ITEMS 1. (continued) would be in the ordinance. During daytime use, the level will be 95 decibels in a residential area. This is the average of what most common lawnmowers, compressors, air nailers, etc. sound like so people will still be able to work and do their jobs during the day. At night, the level will be 65 decibels in a residential area, slightly above ambient noise level, so people can sit on their porch and have a discussion after 11:00 P.M. without being in violation of the ordinance. In commercial and manufacturing zones, the daytime noise level will be 95 decibels if the noise spills into a residential area or 100 decibels if it stays within commercial uses. This was done to accommodate businesses that have machinery that is louder than residential machinery. At night, the levels will be 65 decibels spilling onto residential and 75 decibels staying within the commercial district. Councilwoman Meegan thanked Mr. Notaro for all his work on the Noise Ordinance.
*APPENDICES* 2. Ice Rink Remediation & Rehabilitation Project Remained on the table. 3. Walter Kolkiewicz proposed subdivision – 862 Seneca Creek Road Remained on the table. 17-C COMMUNICATIONS 1. Councilwoman Bove re Payment to Wendel Companies Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to authorize payment of the outstanding balance of $33,800 to Wendel Companies, Land Use & Planning Consultant for West Seneca, for services rendered September through December 2007 and January through the end of August 2008.
2. Town Attorney re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3065.28 to General Code Publishers for updates to the Town Code.
3. Deputy Town Attorney re Public hearing on Dumping Ordinance Motion by Councilman Graber, seconded by Councilwoman Meegan, to schedule a public hearing for November 3, 2008 at 7:30 P.M. to consider amendments to the Dumping Ordinance.
17-C COMMUNICATIONS 4. Highway Supt. re Installation of floodlight at Veterans Memorial Monument Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize NYSEG to install a 250 metal halide floodlight with shield on pole #117, line #494 across from 3556 Clinton Street to illuminate the United States Flag at the Veterans Memorial Monument, noting that this is contingent on NYSEG’s ability to obtain a side shield and annual charges of $182.55 will be added to the lighting district #10013627939.
5. Highway Supt. re Appointment of J DePlato & B Hageman as part-time laborers in Sanitation Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint John DePlato and Baird Hageman as part-time laborers in the Sanitation Department at a rate of $7.15 per hour effective October 20, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $7100 to Environmental Education Associates for mold remediation work at the Ice Rink and $2072.15 to Fleischmann Service Corporation for service on two lifts at the highway garage.
7. Chief Gehen re Attendance of Public Safety Dispatchers Palkowski & Littler at training course Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Public Safety Dispatchers Mark Palkowski and Don Littler to attend an advanced training course November 10 – 14, 2008 at the New York State Fire Training Academy in Montour Falls, New York, at a cost not to exceed $590.
8. Town Clerk re Winchester Grill rezoning William Hartnett, owner of 484 Harlem Road, stated that the property was used for a restaurant/bar for over 90 years, but he sold the building to his son and a friend and it was closed for over one year, so the grandfather clause was lost. Mr. Hartnett was now asking for a rezoning to continue using the property as it had been for the past 90 years. Councilwoman Meegan questioned Mr. Hartnett’s statement on the rezoning application that the request does not comply with Section 120.20A(8)(d) of the Zoning Ordinance. Mr. Hartnett responded that the business was always a non-conforming use because it was grandfathered. Code Enforcement Officer William Czuprynski advised that the business pre-dated the Zoning Ordinance which was adopted in 1963.
17-C COMMUNICATIONS 8. (continued)Motion by Councilman Graber, seconded by Councilwoman Meegan, to refer the rezoning and special permit request for Winchester Grill located at 484 Harlem Road to the Planning Board for their review and recommendation.
9. Town Clerk re CDBG projects resolution Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Supervisor Wallace C. Piotrowski to sign, submit and execute a contract with the Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG: 1) Graham Avenue Road Reconstruction Project, requesting $100,000 in CDBG funds to be matched using $650,000 in cash funds; 2) Burch Avenue Road Reconstruction Project, requesting $100,000 in CDBG funds, to be matched using $390,000 in cash funds; 3) Collins Avenue Road Reconstruction Project, requesting $100,000 in CDBG funds, to be matched using $380,000 in cash funds.
10. Town Clerk re Landowner requests for inclusion to certified agricultural district Motion by Councilman Graber, seconded by Councilwoman Meegan, that the Town Clerk post on the bulletin board notification from the Erie County Legislature designating November 1 – 30 as the annual thirty-day period during which landowners may submit requests for the inclusion of predominantly viable agricultural land within an existing certified agricultural district in accordance with Section 303-b of the New York State Agriculture and Markets Law.
11. Recreation Director re Appointment of part-time Recreation Attendants for fall/winter programs Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Kristen Carr, Daniela Farruggia, Kate Kotecki, and Mary Stahl, as part-time recreation attendants for the fall/winter recreation programs effective October 24, 2008 through June 14, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2985 to West Seneca Girls Softball Association for umpire fees.
17-C COMMUNICATIONS 13. Youth Director re Zeroing out AmeriCorps Program negative balance Motion by Councilwoman Bove, seconded by Councilman Graber, to authorize the Comptroller to reverse the charges on the attached list from the AmeriCorps program accounts. On the question, Councilwoman Bove stated that she and Comptroller Robert Bielecki and the town’s independent auditor, Wayne Drescher, worked with a number of AmeriCorps not-for-profit people and tried to reconcile the correct accounting for the non-federal program expenses for the years 2004 thru 2007 because this had not been done. Some town employees’ salaries that were supposed to be coded 50 percent town and 50 percent AmeriCorps had been billed 100 percent AmeriCorps. Most of this was salaries, including salaries to the Burchfield Nature and Art Center. The town will be taking approximately $300,000 from the AmierCorps Trust Account to pay the AmeriCorps expenses. The town will then also pay the town’s share of expenses which is $283,796.15. Councilwoman Bove stated that the accountability was all around and in 2008 there will be monthly reports showing paperwork that is submitted for reimbursement of claims so that reconciling at the end of 2008 will be accomplished. Councilwoman Meegan questioned AmeriCorp’s current balance outstanding at this time and when the balance would be totally zeroed out. Mr. Bielecki responded that the current balance as of the last payment was $3.1 million and that was projected to go to zero by 2010. Councilwoman Meegan referred to Youth Director Mark Lazzara’s statement that if there is any deficiency after final reconciliation, the staff of the AmeriCorps not-for-profit will work to raise sufficient funds to eliminate any negative balance in the AmeriCorps program account. She questioned if this was an absolute agreement. Councilwoman Bove confirmed that this was an absolute agreement.
*APPENDICES*
14. Youth Director re Transfer of 12, 16 & 20 School Street Motion by Councilwoman Bove, seconded by Councilman Graber, to authorize Deputy Supervisor Graber in consultation with the Town Attorney’s Office to transfer properties located at 12, 16, and 20 School Street in the Town of West Seneca to the WNY AmeriCorps Fund, Inc., provided that the WNY AmeriCorps Fund, Inc. agrees to assume all obligations related to these properties. On the question, Councilwoman Meegan questioned if the board members would be notified if there are obligations the WNY AmeriCorps Fund is not willing to meet and if that would negate the entire agreement. Town Attorney Edwin Hunter advised that there was a county obligation on one of the properties and the board members would be notified if there was a default, but it would not negate the agreement. He stated that the files were examined and some of what was contained in them was a little deficient. They would need to secure from the county a copy of the deed on one of the properties, but there did not appear to be any mortgage or other obligations, except for a $25,000 obligation to the county. Mr. Hunter noted that when you transfer a property subject to a mortgage, you remain responsible for it. AmeriCorps would be assuming the obligation to pay and in the event there is a default, the obligee would notify the town. The town would then have to spur AmeriCorps on to honor the obligation, but it was not a big obligation. The mortgages were small in amount and the terms were relatively short in duration, so Mr. Hunter did not see this as a major consideration. He thought it was a great advantage to get out of these obligations at this time.
17-C COMMUNICATIONS 14. (continued) Councilman Graber noted that the letter from Youth Director Mark Lazzara clearly stated that he will assume all obligations related to the properties, and this was one of the issues before the Town Board in dealing with the AmeriCorps situation. The Town Board wanted to get out from ownership of these properties and AmeriCorps was willing to accept the responsibility. Councilwoman Meegan commented that 20 School Street was in great disrepair and she questioned if Code Enforcement Officer William Czuprynski had been out to see it. Mr. Czuprynski responded that he had not been out to inspect 20 School Street. Councilman Graber stated that there was $95,000 in grant funding available from the federal government and through the County of Erie for repairs at 20 School Street.
Deputy Town Attorney Paul Notaro stated that the County of Erie would provide funds for the rehabilitation upon the WNY AmeriCorps Fund, Inc. receiving title to the property. The funds will go directly to AmeriCorps and they will be fully responsible for the $95,000. He understood they had already started making repairs.
15. Resolutions on referendum proposition to reduce Town Board by two members Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt alternate resolution #1 as follows: In the event the court does not reinstate the stay or enforcement of Judge Mintz’s decision or in the event there is a final decision from the Appellate Court that the petitions are valid then a special election shall be held November 17, 2008 to determine: “Should the number of council members on the Town Board of the Town of West Seneca, New York, be decreased from four to two, such that the West Seneca Town Board shall be comprised of the Supervisor and two council members beginning on January 1, 2012,” and the board shall by further resolution on or before October 29, 2008 designate the polling locations, hours of voting, and other allowable matters under Town Law in a manner to minimize the cost of such election and shall make such other further modifications as a court shall so direct; and be it further, RESOLVED, that the Town Clerk send a certified copy of this resolution to all municipalities in Erie County and to the New York State Association of Towns.
Motion by Councilman Graber, seconded by Councilman Clarke, to adopt alternate resolution #2 as follows: In the event that the court does reinstate the stay or enforcement of Judge Mintz’s decision or in the event there is a final decision from the Appellate Court that the petitions are invalid, then a special election shall be held between March 15, 2009 and April 30, 2009 to determine: “Should the number of council members on the Town Board of Town of West Seneca, New York, be decreased from four to two, such that the West Seneca Town Board shall be comprised of the Supervisor and two council members beginning on January 1, 2010,” and the board shall by further resolution set the date, designate the polling locations, hours of voting, and other allowable matters under Town Law in a manner to minimize the cost of such election; and be it further, RESOLVED, that the Town Clerk send a certified copy of this resolution to all municipalities in Erie County and to the New York State Association of Towns.
17-C COMMUNICATIONS 16. Highway Supt. re Appointment of David Marino as full-time Laborer, Temporary, in Bldgs. & Grounds Motion by Councilman Graber, seconded by Councilwoman Bove, to terminate David Marino as part-time Laborer in Bldgs. & Grounds and appoint David Marino as full-time Laborer, Temporary, Group 1, Step 1, at a rate of $21.24 per hour effective October 20, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this appointment is to fill the vacancy created by William Geary’s leave of absence.
17-D REPORTS ISSUES OF THE PUBLIC DOWNSIZING ISSUE John Moscato, 1112 Indian Church Road, commented that more was not better, and the more legislators, the more “pork” there is. There are 450 members in the House of Representatives and 50 Senators, but for thirty years they couldn’t settle the gas problem, immigration problem, or the Social Security problem. Mr. Moscato noted that he has lived in West Seneca 55 years and the town has not grown in that time. Whether the proposed downsizing is right or wrong, Mr. Moscato thought that when 4000 residents sign a petition the Town Board should not ignore it, and the only reason he came to this meeting was because he heard about this issue and saw that the Town Board was ignoring suggestions made by the public. Mr. Moscato stated that the board members should follow the wishes of the public because the public elected them, and the public should be given the right to say yes or no. Jeannette Pettibone, 179 Ehinger Drive, stated that she is a 40 year resident of the town but goes to Florida for the winter. She will be leaving the day after Election Day and questioned how she will get an absentee ballot for the Special Election if it is held on November 17th. Mrs. Pettibone wanted to exercise her Constitutional right to vote on this issue and questioned how she and other senior citizens that go south for the winter will be able to obtain absentee ballots. Town Clerk Patricia DePasquale stated that she would have to check with the Erie County Board of Elections and would get back to Mrs. Pettibone. Councilman Graber asked Mrs. DePasquale to post the Special Election on the town’s website and asked that the West Seneca Bee and Buffalo News help in getting the word out. John Canorro, Klas Avenue, stated that he was one of the volunteers that were distributing literature pertaining to putting the downsizing referendum on the ballot, and he questioned why Councilman Clarke was stalking him and his wife while they were passing out literature in Fisher Court. Mr. Canorro stated that Councilman Clarke was with another individual in a pickup truck and they were following him for several houses. Councilman Clarke then stopped him and asked if he was a West Seneca resident and if he had a permit to do what he was doing. Councilman Clarke stated that he had received a complaint regarding literature being left at houses. He responded to the complaint, approached Mr. Canorro and asked him if he lived in the town, and Mr. Canorro verbally attacked him.
ISSUES OF THE PUBLIC DOWNSIZING ISSUE (continued) Mr. Canorro stated that the board members were elected to do what the public wanted them to do and they should not have their own personal opinions interfere. He referred to Councilman Graber’s comment at a previous meeting that he had a personal opinion and stated that he could exercise his personal opinion in the voting booth, but as a council person his duty was to represent the public. Mr. Canorro did not believe the stall tactics with regard to the downsizing was representing the people. Councilman Graber questioned how he was not representing the people. Mr. Canorro responded that he did not make a resolution to put the referendum on the ballot and give the people their Constitutional right to vote. The board fought to keep it off the ballot until two Courts ruled against them. Now they were finally going to put it on the ballot. Bernard Boehringer, Elmsford Drive, thought the Town Board should stay at five members because if it is downsized to three members, two people will control the town. He further commented that Kevin Gaughan should have stayed in his own town of Hamburg instead of making a mockery of West Seneca. Dixie Blando, Amana Place, stated that she did not sign the petition and if she had known this issue was going to go this far, she would have circulated a petition against the downsizing. She thanked the board members that took a stand for those members of the public that are against the downsizing. David Nagy, Tracy Lynn Lane, questioned if the supporters of downsizing thought about the ramifications if it is approved. He thought it was a plot to get the Town of West Seneca to become part of the City of Buffalo and he questioned what representation there would be if that happened. He further questioned what effect a reduction in the Town Board would have on the town’s bond rating. Frank Boncore, Heather Hill Drive, commented that it was not a question of whether or not to downsize, the question was that it should be on the ballot to let the voters decide. Mr. Boncore stated that this issue had been stalled for some time and should be on the ballot at the General Election when people will show up to vote rather than at a special election two weeks later or next year. Karen Lucachick, Greenmeadow Drive, commented that those people that signed the petition were under no obligation to vote the way the petition stated. If they changed their mind on the issue, they did not have to vote for the downsizing. Tim Greenan, Cedar Court, stated that he was Town Attorney for West Seneca for 15 years and had a good understanding of municipal government. He was working with the Town Board to comply with the law and the Court’s order and wanted to clarify some points. Tonight was the first time the petitions filed containing 4000 signatures were properly before the Town Board. After the petitions were circulated, they were delivered to Town Clerk Patricia DePasquale and she forwarded them to the Board of Elections (BOE) for their review and verification that the 4000 signatures were registered voters in the Town of West Seneca. Mrs. DePasquale received back from the BOE a note stating that there were plenty of signatures on the petition, but it would not be legal to put the proposition on the ballot because of the wording. The proposition specifically provided that beginning in 2012 the Town Board would be reduced from four members to two members, and the BOE and the law says that you cannot do that. The Town Board took no action based on that, but the town was sued by Mr. Gaughan and the representatives that circulated the petition, and the town responded to the lawsuit. In court, the Judge ruled that although the petition was technically incorrect he wanted to see it on the ballot. The town appealed that and the appeal was stayed. The petition specifically stated that the downsizing was to happen in 2012 and what
ISSUES OF THE PUBLIC DOWNSIZING ISSUE (continued) the Town Board resolved to do at this meeting was put the language of the proposition on the ballot in the event that the Judge’s ruling is not reversed, or in the alternative, in the event that the Judge’s ruling is reversed, to put the proper language on the ballot. Mr. Greenan commented that working with the Town Board over 15 years, he thought that if this is passed people will find out there are two significant problems. First, the $40,000 achieved in savings from the salaries of council members will be picked up in additional costs. The only board members he worked with on the present Town Board was Councilman Graber and Councilwoman Bove, and both of them go through the budget each year and try to find ways to spend less money on the town level. Mr. Greenan noted that during his tenure, Councilwoman Bove and Councilman Graber both had a number of initiatives that were two or three times their annual salary and this would be lost if the board is reduced. They would also have to hire people to take calls 24/7. With only three board members there is less representation and they will have to hire Civil Service employees to take the place of what board members used to do. The Town of West Seneca is a $40 million company that is governed by a management team that collectively gets paid $150,000 to $160,000 including the Supervisor’s secretary. None of the board members had a secretary or an office or the kind of expense you see in other levels of government. Mr. Greenan noted that another real problem the board will face if it is reduced is the town’s bond rating. When the town goes out to borrow money, and currently they need to borrow $5 million to pay for road reconstruction and equipment, the town puts out a financial statement that states how it is governed and what its debts and expenses are. Moody’s then rates the town to determine if it is a good credit risk. There are four things they look at and one of them is governance. They have never seen a $40 million company run by three people. When they are dealing with large corporations and board of directors there are always at least five. Five provides the requisite checks and balances, and if this proposition passes, the town is most likely looking at a significant degradation in its bond rating. The agencies that rate the town will say it’s not a good credit risk, and when the board goes out to borrow $5 million in the current market with the big credit shortfall, there is a real chance they will not be able to borrow the money they need to get through the first and second quarters of next year. Mr. Greenan stated that the taxpayers need to know what additional costs there will be if the board is reduced. It could have a significant impact on how government takes place in New York and a significant negative impact and reflection on the Town of West Seneca and how it governs itself. Mr. Greenan hoped that if this is on the ballot and people have the chance to vote, they do it with full knowledge of the consequences. He commented that everyone is mad right now because of what the federal government has done and because of the “pork,” but there is no “pork” coming out of West Seneca. None of the board members have any “pork” or money they distribute around. People are mad because of how things are run on the national level where they have no say and are not represented, and he was concerned that they would take this out on the local representatives that are closest to them and can be most responsive to them. Frank Russo, Parkside Drive, commented that the council members were probably the highest paid in WNY and he suggested that they lower their salaries to about $15,000 annually. He thought the cost of government in West Seneca was way too high and the council members’ jobs were part-time. Although they sometimes put more time in, there were many weeks that they did not meet at all and the previous administration often only held Town Board meetings once a month. He further did not agree with paying health insurance for part-time positions, including the Town Attorney and Comptroller. Mr. Russo estimated the cost savings to be around $100,000 if the board members would lower their salaries and stop paying health insurance for part-time positions. He thought more people would be in favor of keeping five board members if they lowered the cost of government. Mr. Russo further stated that five people ran the town for many years and it was in a mess. He commented that the last 16 years was probably the most corrupt and incompetent administration ever and Councilman Graber and Councilwoman Bove were part of that administration. Mr. Russo stated that three people could do the same job as five and hire their friends for jobs just as five members do.
ISSUES OF THE PUBLIC DOWNSIZING ISSUE (continued) Maureen Berbary, Ganna Court, questioned how much the fight over the downsizing cost the taxpayers in legal fees. Councilwoman Meegan stated that she was told by Mr. Greenan that the cost was a couple hundred dollars. John Blando, Amana Place, stated that the public expects responsibility and oversight on the part of the board members and he thought that was a lot of work for only three people. Mike Lafferty, Greenmeadow Drive, stated that he was one of over 50 people that gathered signatures for the downsizing referendum and he thanked the board for moving to hold the referendum. He questioned what additional cost it will be to the town since the referendum will most likely occur on November 17th rather than at the General Election on November 4th. Councilman Graber responded that if the special election is held in the same manner as any other election, the cost will be $39,000. However, they can save $13,000 by using paper ballots instead of voting machines. They can also consolidate several voting districts and reduce the typical quantity of locations to a bare minimum. Councilman Graber stated there were things they could and would do to try to minimize the cost of a special election. YOUTH DIRECTOR/AMERICORPS DIRECTOR ISSUES Karen Lucachick, Greenmeadow Drive, referred to Item #13 & #14 on the Town Board agenda and questioned why Youth Director Mark Lazzara’s name was on these items instead of the AmeriCorps Director. Councilman Graber responded that Mr. Lazzara was the Director of AmeriCorps. Councilwoman Bove stated that the department head’s name is listed on the agenda. Mrs. Lucachick did not agree with the Youth Director for the town also running the AmeriCorps and noted that the town was paying him to be Youth Director, not AmeriCorps Director. Maureen Berbary, Ganna Court, referred to Item #13 on the agenda concerning the AmeriCorps and the amounts owed. This was going on since 2004 and she questioned how this happened and why no one was watching over the expenses. Councilman Graber responded that they had been watching the books. With a federal grant, the town as sponsor advances the money and then gets it back from the federal government. The issue at this meeting dealt with several trust accounts and until the board took action they were not able to get that money and give it to AmeriCorps. Mr. Russo stated that there have been issues with the AmeriCorps for years and the public was always told that it did not cost the town any money, but now they are told the town’s share is $283,000. He thought that since its inception in 1992, the AmeriCorps Program had actually cost the town millions of dollars. Mr. Russo hoped that the board members would take a serious look at this and consider the $82,000 annual salary plus benefits of Youth Director Mark Lazzara, who only supervises two people and one part-time person. He further noted that Councilman Graber supported Mr. Lazzara, but there was a conflict of interest because his wife worked there.
ISSUES OF THE PUBLIC YOUTH DIRECTOR/AMERICORPS DIRECTOR ISSUES (continued) Councilman Graber responded that there was no conflict of interest. The town did not pay for his wife’s salary and there were many people in AmeriCorps that were not paid by the town. Councilman Graber further stated that Mr. Lazzara was in charge of the Youth Bureau and the AmeriCorps and AmeriCorps had 22 staff members and 150 employees. Mr. Russo noted that when people are assigned for community service, they contact Councilman Graber’s wife and he thought that was a Youth Bureau program. Councilman Graber disagreed and stated that AmeriCorps funds the community service program. He further noted that none of the Youth Bureau budget went to the alternative sentencing coordinator and his wife worked there prior to him running for office. Dolores Stefanacci, Organ Crescent, stated that she used to work at the Youth Bureau and Mr. Lazzara was not the Youth Director. He did nothing for the Youth Bureau; Jim Lawson did all the work, but he was not there any more. Mrs. Stefanacci estimated Mr. Lazzara’s Youth Bureau work to be approximately 5 percent and she did not believe he was deserving of an $80,000 salary. She stated that his dedication was to AmeriCorps and he traveled to Washington, Albany, Atlanta, etc. on AmeriCorps business. Mrs. Stefanacci did not believe the town should be paying Mr. Lazzara to be the Youth Director and stated that he bullied, intimidated and degraded her and many other employees in that department. ANIMAL CONTROL OFFICE ISSUES Maureen Berbary, Ganna Court, stated that the residents would like to see the board members run a responsible government and cut costs responsibly. Residents repeatedly asked for an answer on the dog catcher situation and it still was not addressed. Mrs. Berbary stated that the Animal Control Officer arrives home every day before 2:00 P.M., but when this was brought to the board’s attention two years ago no one took care of it. She was happy to see that the proposed budget reduces the animal control department to $50,000, a $120,000 savings. PROCEDURE FOR AGENDA ITEMS Karen Lucachick, Greenmeadow Drive, commented that a motion was made at the first Town Board meeting of the year that no additional agenda items would be brought up after the printed agenda was finished. Any items for the agenda would have to be submitted by the Thursday prior to the meeting to be placed on the agenda. Mrs. Lucachick stated that additional items were allowed last year and it was continuing this year even after a motion was made against this procedure. She suggested that the board members follow what they had voted on. BUDGET INFORMATION REQUESTED Amy Carpenter, Woodward Crescent, asked that in addition to Councilwoman Bove’s budget requests at the last meeting, the number and types of equipment be included on the repair line items. Councilman Graber stated that he would pass the request on to Supervisor Piotrowski. He thought they had agreed to include additional information such as number of personnel, etc. Councilwoman Bove thought that this information would be included on the final budget. Comptroller Robert Bielecki stated that repairs are not broken down by pieces of equipment, but they did have a listing of fixed assets. The budgeted line item for repairs was based on a history of what had been spent on repairs.
ISSUES OF THE PUBLIC BUDGET INFORMATION REQUESTED (continued) Mrs. Carpenter questioned if this was ever sent out for bid. Councilman Graber responded that the town had its own in-house repair staff. Mr. Bielecki further noted that the state’s guidelines were followed on soliciting for bids over a certain dollar amount. Mrs. Carpenter questioned if there is a fee associated with it if it is listed as salary. Councilman Graber stated that it would be listed as equipment, tools, etc. The labor aspects were listed under personnel and parts was a separate line item. Mrs. Carpenter questioned if this would be the same for office equipment. Councilman Graber stated that the department heads typically utilize West Seneca vendors for low level items. Other than that they use the state bid contract or send it out for bid if it is over the threshold. Mrs. Carpenter questioned if any items purchased came with a service contract. Councilwoman Meegan stated that items such as copy machines are purchased with service contracts. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS BUDGETARY TRANSFER REQUEST Motion by Councilwoman Bove, seconded by Councilman Graber, to approve a budgetary transfer request in the amount of $18,021 from Electrical Department Acct. #01.3620.0442 to Equipment Acct. #01.3620.0200 for the Code Enforcement Office.
PURCHASE REQUIRING TOWN BOARD APPROVAL Motion by Councilwoman Bove, seconded by Councilman Graber, to authorize payment of $1999.20 to DiVal Safety & Supplies for supplies at the Ice Rink.
WORK SESSION SCHEDULED TO DISCUSS REZONING APPLICATIONS Motion by Councilwoman Bove, seconded by Councilman Graber, to hold a work session at 6:30 P.M. on November 3, 2008 to discuss rezoning applications with Planning Consultant Wendel Duchscherer.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS COMMENTS ON DOWNSIZING PROPOSITION Councilman Graber commented that the downsizing proposition was not on the November 4th ballot because it was invalidated by the Board of Elections (BOE) and that is when it became a legal issue and the lawyers got involved. If the petition did not have the date January 1, 2012 on it, the referendum would have been on the November 4th ballot and the Town Board could not have stopped it. The BOE along with a town resident objected to the date on the petition. Judge Mintz ordered the town and they scheduled a date of November 17th, but there was a chance that it would be overruled by the Appellate Division. Councilman Graber stated that the Town Board concluded that the proposition should be on the ballot and he looked forward to the voters’ decision. People have their own opinions based on certain facts, but a lot of facts were not out. He referred to the expression, “move slowly in large endeavors” and “beware of the law of unintended consequences” and noted that when the United States went to Iraq the government said it would be over in a year and there would be very few casualties. Now it is $800 billion later and thousands have been killed. Councilman Graber thought the referendum should be held next spring so that both sides on the issue would have an opportunity to educate the voters. This was a very large decision and something like this had never been before the people of West Seneca or Erie County. Although the Erie County Legislature downsized to 15 and the Buffalo City Council downsized to nine, those were not as drastic as going from five to three. There were direct financial impacts involved and he would hate to see the board downsized and the cost of government go up, when the people actually want the cost to go down. Councilman Graber referred to a recent Front Line special on Presidential candidates, Barack Obama and John McCain. It was reported that when Obama first ran for State Senate in Illinois, he disqualified the petitions of all his opponents on legal technicalities. Obama and his lawyers were able to invalidate all the petitions, so it’s not just the Town of West Seneca and BOE. There are laws that must be followed, and if they are not followed the petitions are disqualified. Councilman Graber stated that he just wanted to see the people make an informed decision on the downsizing based on the facts. He also wanted to have as many people turn out as possible and thought next spring was a better time considering the possibility of a weather event in the winter months. ADJOURNMENT Motion by Councilman Graber, seconded by Councilwoman Meegan, to adjourn the meeting at 9:45 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |