Town Board Minutes

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2011-03

West Seneca, NY 14224 March 7, 2011

Supervisor Wallace C. Piotrowski called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.

ROLL CALL: Present - Wallace C. Piotrowski Supervisor

Sheila M. Meegan Councilwoman

Dale F. Clarke Councilman

Absent - None

Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

The meeting was dedicated to the memory of Walter Dutka, Anna Piotrowski, James Goss, and Susan Hughes.

3-A MINUTES TO BE APPROVED

· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-02 of February 7, 2011.

Ayes: All Noes: None Motion Carried

· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the February 21, 2011 bid opening for police vehicles.

Ayes: All Noes: None Motion Carried

3-B COMMUNICATIONS

1. Councilwoman Meegan re Appointment of Jack O’Shei as Youth Member of Environmental Commission		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Jack O’Shei as youth member of the West Seneca Environmental Commission. Ayes: All Noes: None Motion Carried
2. Town Engineer re Purchase requiring Town Board approval		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6960 to United Survey, Inc. for flow meter rental, maintenance and reports. Ayes: All Noes: None Motion Carried

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3-B COMMUNICATIONS

3. Highway Supt. re Purchase of line stripers		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of two (2) line stripers from Pioneer Corporation at their low quote of $3295 each for a total of $6590. Ayes: All Noes: None Motion Carried
4. Highway Supt. re Bid date for trash loader & dump body		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of March 21, 2011 at 10:00 A.M. for receipt of bids on the purchase of a truck mounted trash loader grapple and dump body with hoist for the Highway Department. Ayes: All Noes: None Motion Carried
5. Highway Supt. re Purchase of three tractors		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of three Kubota BX1860 tractors, 3 cylinder diesel, 4 wheel drive, 54-inch, mid-mower, hydrostatic transmission, turf tires, power steering, cat 1-3 pt. hitch, rear/mid pto, mid-valve, delivered off the NYS contract #PC62723SB. Ayes: All Noes: None Motion Carried
6. Highway Supt. re Title change for Robert Krautsack to Highway Mechanic		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Robert Krautsack as Highway Laborer and appoint Robert Krautsack as Highway Mechanic, Group 5, Step 2, at a rate of $24.56 per hour effective February 15, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried
7. Highway Supt. re Title change for Robert Garry to Highway Laborer		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Robert Garry as Highway Caretaker and appoint Robert Garry as Highway Laborer, Group 1, Step 3, at a rate of $23.83 per hour effective February 15, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

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3-B COMMUNICATIONS

8. Highway Supt. re Title change for Kevin Farrell to Highway Laborer - Caretaker		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Kevin Farrell as Sanitation MEO and appoint Kevin Farrell as Highway Laborer – Caretaker, Group 1, Step 1, at a rate of $23.21 per hour effective February 28, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried
9. Highway Supt. re Title change for Scott Funk to Highway Laborer		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Scott Funk as Sanitation Laborer and appoint Scott Funk as Highway Laborer, Group 1, Step 1, at a rate of $23.21 per hour effective February 15, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried
10. Highway Supt. re Title change for Timothy Healy to Highway Laborer		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Timothy Healy as Sanitation MEO and appoint Timothy Healy as Highway Laborer, Group 1, Step 1, at a rate of $23.21 per hour effective February 28, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried
11. Highway Supt. re Title change for Michael Meegan to Working Crew Chief		Motion by Councilman Clarke, seconded by Councilwoman Meegan, to terminate Michael Meegan as Buildings & Grounds Laborer and appoint Michael Meegan as Working Crew Chief, Group 6, Step 5, at a rate of $26.96 per hour effective March 7, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilwoman Meegan stated that Michael Meegan was her husband and she seconded the motion for the sole purpose of discussion.

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3-B COMMUNICATIONS

11. (continued)

Highway Supt. Matthew English stated that two months ago he gave the board members the names of the top three individuals in line for this position, but they were unable to agree on an appointment so he was submitting for the board’s approval his choice to fill the position.

Supervisor Piotrowski stated that he would not second the motion or support this appointment because he did not believe Councilwoman Meegan’s family should profit financially from the appointment of her husband to this position.

Councilman Clarke suggested that Supervisor Piotrowski respect Highway Supt. Matthew English and his choice for the position.

Motion by Supervisor Piotrowski, to amend the motion and appoint Michael Paluch, the most senior employee in the Buildings & Grounds Department, as Working Crew Chief, Group 6, Step 5, at a rate of $26.96 per hour effective March 7, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Motion was lost due to lack of a second.

Motion by Councilwoman Meegan, seconded by Councilman Clarke, to amend the motion and appoint Kris Hicks as Working Crew Chief in the Buildings & Grounds Department, Group 6, Step 5, at a rate of $26.96 per hour effective March 7, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: (2) Councilwoman Meegan, Councilman Clarke

Noes: (1) Supervisor Piotrowski Motion Carried

12. Chief Gehen re Bid award for purchase of police vehicles

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for purchase of police vehicles to DeLacy Ford, 3061 Transit Road, Elma, NY 14059 at their low bid of $83560.

Ayes: All Noes: None Motion Carried

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3-B COMMUNICATIONS

13. Chief Gehen re Attendance of Lt. Baranowski & Officer Swift at training conference		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Lt. Kevin Baranowski and Officer Phil Swift to attend the 2011 New York Tactical training conference at Turning Stone Resort, Verona, New York, April 12 – 14, 2011 at a total cost not to exceed $1371.98. Ayes: All Noes: None Motion Carried
14. Chief Gehen re Title change for Officer Mary Caulfield to Detective Temporary		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a leave of absence to Mary Caulfield as Police Officer and appoint Mary Caulfield as Detective Temporary effective March 8, 2011 at an annual salary of $74,726.91 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried
15. Chief Gehen re Extension of Officer Timothy Pratt’s military leave of absence		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant an extension to Police Officer Timothy Pratt’s military leave of absence to July 31, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried
16. Town Clerk re Appointment of Margaret Martin as Records Inventory Clerk		Motion by Councilwoman Meegan, seconded by Councilman Clarke, to appoint Margaret A. Martin provisionally as Records Inventory Clerk at an annual salary of $31,718.88 effective March 22, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Supervisor Piotrowski did not believe it was necessary to fill this position with a full-time person, and if anything, it should be one or two part-time employees which would save the taxpayers money on wages and benefits.

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16. (continued)

Councilwoman Meegan stated that she witnessed the operation of the Town Clerk’s office daily and there was a definite need to fill this position. Also, Town Clerk Patricia DePasquale is an elected official, makes hiring decisions for her department, and has expressed a concern and need for a Records Inventory Clerk. Councilwoman Meegan did not believe that Supervisor Piotrowski understood the responsibilities of the Town Clerk/Receiver of Taxes office and noted that when the two offices merged on January 1, 2011, the safe in the Receiver of Taxes office was not reconciled and no petty cash fund was provided to the Town Clerk so they could make change. Councilwoman Meegan stated that she understood the responsibilities and took action to have these things done even though it was Supervisor Piotrowski’s responsibility as Chief Fiscal Officer.

Mrs. DePasquale stated the position has been vacant since last year but there is a lot of work to be done at the off-site storage area and with the records inventory databases. With the consolidation of the offices, she has not been able to keep up with the work. Other town offices have records to put in storage, there are records that need to be destroyed, and the work has been backing up for three to four months, so she was asking that the position be filled.

Supervisor Piotrowski stated that they owe it to the residents to respect their request and continue to downsize government while providing the same services. He thought there should be an independent analysis of the Town Clerk’s office to determine if they really need to fill the position.

Councilwoman Meegan stated that Mrs. DePasquale is an elected official and the hiring needs are at her discretion. She suggested that Supervisor Piotrowski spend more than ten minutes in the Town Clerk’s office and witness its operation as she has and visit the storage facility at the Senior Citizens Center. Councilwoman Meegan stated that the current Town Board has done a lot of work to reduce costs in many areas, but they should respect the request of Mrs. DePasquale who is asking for additional staff.

Supervisor Piotrowski stated that in 2010 there were 247 working days and of those the Town Clerk’s office was fully staffed only 86 days. On 34 days there were 2.5 employees, 94 days there were two employees, 19 days there were 1.5 employees, and 14 days there was only one employee. Supervisor Piotrowski did not believe there was a need for another full-time employee in the Town Clerk’s office.

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16. (continued)

Councilman Clarke noted that the Town Clerk’s office is now combined with the Tax Office so the workload is increased and there is a need for an additional employee to operate efficiently. He commented that Supervisor Piotrowski is trying to run all town departments without full knowledge of the operations in those departments.

Ayes: (2) Councilwoman Meegan, Councilman Clarke

Noes: (1) Supervisor Piotrowski Motion Carried

17. Code Enforcement Officer re Purchase requiring Town Board approval		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $5050 to Biel’s Information Technology Systems for scanning & indexing records. Ayes: All Noes: None Motion Carried
18. Disaster Coordinator re Appointment of Eric Conley & Daniel McCartan as Deputy Disaster Coordinators		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Eric Conley and Daniel McCartan as Deputy Disaster Coordinators at the rate set in the 2011 town budget. Ayes: All Noes: None Motion Carried
19. Director of Senior Services re Status change for part-time food service helper Marirose Bless to seasonal		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time food service helper Marirose Bless to part-time seasonal effective February 1 – 28, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried
20. Director of Senior Services re Status change for part time food service helper Carol Kennedy to seasonal		Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time food service helper Carol Kennedy to part-time seasonal effective March 1 – May 31, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

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3-B COMMUNICATIONS

21. Appeal of decision – Young Development Inc. & People Inc. vs. Town of West Seneca

Motion by Councilwoman Meegan, seconded by Councilman Clarke, to employee outside counsel to appeal Justice Whalen’s decision in the matter of Young Development Inc. & People Inc. vs. Town of West Seneca.

On the question, Councilman Clarke distributed photos of the problems in Sewer District 13 and stated that in the month of February one of the five pumping stations in the sewer district pumped 17 million gallons of sewage. He referred to a recent newspaper article stating that NYS wants the EPA to clean up the creek and commented that Young Development’s proposed project will only add to the problem. It was not fair to the residents that have to pump sewage out of their basements and the problem should be fixed before further development is allowed. Councilman Clarke stated that this was a violation of the Clean Water Act and the Buffalo Riverkeepers should be notified of what is being put into the system. It is illegal under DEC regulations and Councilman Clarke asked Town Attorney Shawn Martin to put the EPA on notice.

Councilwoman Meegan stated that a few weeks ago she met with U.S. Senator Kirsten Gillibrand regarding the sewer concerns in West Seneca and they are legitimate concerns. There are millions of gallons of raw sewage going into Cazenovia Creek and the town is spending a million dollars in fines that should be used to help fix the situation. The developer is willing to do a 4:1 ratio and that sounds great, but not when you consider the millions of gallons going into the creek. Councilwoman Meegan recited figures from recent reports indicating the actual amount of raw sewage going into Cazenovia Creek at the various pumping stations and did not see where a 4:1 mitigation would make much difference.

Engineering Consultant Rick Henry stated that the 4:1 ratio makes a lot of sense when you look at overflows, but when 17 million gallons are being discharged into the creek it does not have a significant effect on that. Mr. Henry stated that a significant capital expense will be required to fix the problem and now was an opportune time to bond this.

Councilwoman Meegan stated that they needed to be responsible and ask for financial help to fix the sewer problem. She further noted that this developer is also in the PILOT program so he is getting tax breaks while polluting the creeks. Councilwoman Meegan stated that she was not opposed to seniors as Supervisor Piotrowski stated and she demonstrated that in the past when she made sure the senior citizens center was taken care of after it was left abandoned by the prior administration. She stated that Supervisor Piotrowski is worried about the seniors that don’t even live in the proposed building, while she is worried about the 10,000+ seniors that currently live in Sewer District 13.

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21. Councilman Clarke stated that he is not against seniors but the project is not a perfect fit for West Seneca. He questioned if the town is being fined for the sewage that is being discharged into the creek and if the cost will go up if the number of gallons is increased.

Town Attorney Shawn Martin stated that the town pays a license fee to discharge sewage into the creek, but he did not know if the fee was calculated by the number of gallons that were discharged.

Supervisor Piotrowski questioned if Mr. Martin had reviewed Judge Whalen’s decision and his legal opinion on the town’s ability to succeed after spending money on a law firm for the appeal.

Mr. Martin stated that he had reviewed Judge Whalen’s decision and spoke with the counsel hired to handle the appeal. It was their consensus and his that there are legitimate issues that should be appealed. This was clearly something that needed to be reviewed by an appellate body. There is also a companion lawsuit that is due in court on Wednesday and depending on that outcome there may or may not be additional appeals, consolidated appeals, and other avenues to reduce the cost.

Ayes: (2) Councilwoman Meegan, Councilman Clarke

Noes: (1) Supervisor Piotrowski Motion Carried

3-C REPORTS

· Patricia C DePasquale, Town Clerk’s report for January 2011 received and filed.

· Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of March 2, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period February 3 – March 2, 2011 received and filed.

ISSUES OF THE PUBLIC

SEWER ISSUE

Paula Minklei, Orchard Park Road, stated that she lived on Orchard Park Road since 1964 and every time there is a heavy rain or snow melt raw sewage backs up in her basement. Over the last two weeks it happened three times. The backup lasts a few hours to a couple days and during that time they cannot flush the toilet, shower, run the dishwasher, or do laundry. It is a deplorable health hazard and if house guests are present it is an unhealthy embarrassment and an inconvenience. Mrs. Minklei thought this should be an embarrassment to the entire community and its governing body and strongly urged that a moratorium be declared on building until this longstanding problem is corrected.

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ISSUES OF THE PUBLIC

AMERICORPS DEBT

Paula Minklei, Orchard Park Road, stated that the public was told the town would advance money to AmeriCorps and be repaid by grant reimbursement and the debt obligation of AmeriCorps was projected to go to zero by the end of 2010. Some were under the impression that grant contracts that had been approved under the town’s purview were to have been completed and reimbursed by that date. Mrs. Minklei questioned if the grant contracts approved for AmeriCorps when it was still an arm of the town were fulfilled, if reports of their completion were filed with the agencies that agreed to pay them, and if there has been any indication that they won’t be paid.

Town Attorney Shawn Martin stated that AmeriCorps has paid the $75,000 rental obligation pursuant to the separation agreement and $25,000 toward their outstanding debt of about $409,000. They hoped to have additional funds within 60 days to make another significant contribution towards reducing that figure.

Supervisor Piotrowski stated that the contracts were not completed and that was why the town filed a lawsuit.

Mrs. Minklei questioned if any of the amounts owed by AmeriCorps exceeded the value of the grants.

Mr. Martin stated that there were things the town will not be reimbursed for and that was outlined in the agreement. He offered to sit down with Mrs. Minklei and explain this issue further.

Mrs. Minklei stated that the state audit reported that it referred the misuse of town credit cards to law enforcement for investigation and she questioned what agency it was referred to. She further noted that the audit found many misuses of public funds and questioned what corrective action was being taken against those that perpetrated this wrongdoing.

Mr. Martin advised that this was referred to Erie County District Attorney Sedita and Councilwoman Meegan stated that she also referred it to the Attorney General’s office. Mr. Martin stated that corrective action was up to the various prosecuting entities.

Mrs. Minklei stated that mismanagement of funds took place with lack of proper oversight and accountability from the previous administration. A corrective action plan that eliminates the position of Youth Director, establishes a credit card policy, and requires pay back of funds does not address the fact that a huge amount of taxpayer money will never be recovered, including lost revenue from interest not earned. Mrs. Minklei thought that a responsible corrective action would be to charge those that perpetrated the mishandling of funds and let the public know that West Seneca will not tolerate such flagrant behavior.

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ISSUES OF THE PUBLIC

AMERICORPS DEBT (continued)

Karen Lucachick, Greenmeadow Drive, stated that it is not just the perpetrator that should be charged, but also the prior Town Board who allowed this to go on and she questioned what the current Town Board could do about that.

Mr. Martin responded that the current Town Board could not charge the prior board members and only the District Attorney and Attorney General could do that. This also involved federal money, so the US Attorney General may be involved.

PUBLISHING TOWN MEETING DATES

Karen Lucachick, Greenmeadow Drive, noted that the town’s website indicated Town Board meetings were held on the 2^nd and 4^th Monday of each month, not the 1^st and 3^rd Monday. She also asked that the Town Board, Planning Board and Zoning Board meetings be posted on the home page so people do not have to search for them, and that they be listed in the Buffalo News on the first Sunday of the month.

Supervisor Piotrowski stated that his secretary faxes the town meeting dates and times to all the newspapers, but it is their choice on whether or not to publish them.

FORMER SENECA MALL SITE TAX ASSESSMENT

Amy Carpenter, Woodward Crescent, questioned the status of the tax assessment for the former Seneca Mall site.

Town Attorney Shawn Martin advised that this was still in litigation.

CLINTON STREET CODE COMPLIANCE ISSUE

Dennis Falzone, Clinton Street, asked Councilwoman Meegan to meet with him and his wife so he can give her the details on an issue he needed assistance with concerning compliance with town codes.

Councilwoman Meegan stated that she will contact Mr. Falzone to discuss this issue.

STREET LIGHTS

Dave Monolopolus, Lexington Green, commented on the number of street lights that were out on various streets in the town and thought this was a security issue. He counted 140 lights out on Seneca Street, Center Road, Indian Church Road, Harlem Road, Potters Road and Slade Avenue and 19 lights on Ridge Road alone.

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ISSUES OF THE PUBLIC

STREET LIGHTS (continued)

Chief Gehen stated that officers on the midnight shift were instructed to report any street lights out to dispatch and they will report it to the Highway Department.

Highway Supt. Matthew English asked that anyone reporting street lights out give the pole number and house number.

Councilman Clarke stated that the town continues to pay the bill for the street lights and he suggested contacting the Public Service Commission with this problem.

ALTERNATE PARKING SUGGESTED

Dave Monolopolus, Lexington Green, suggested alternate parking on town streets in the winter months during the day to allow emergency vehicles to access the streets easier and make it easier for highway trucks to plow.

Town Attorney Shawn Martin stated that this suggestion is on the agenda for the Traffic Safety Committee to address at their May meeting.

Mr. Monolopolus also suggested that the signal at Indian Church Road and Union Road be moved back for safety reasons.

Mr. Martin stated that Union Road is a state highway so they would have to submit that request to the state.

Councilwoman Meegan stated that she received a request for a guardrail at East & West Road and Orchard Park Road and asked that the Traffic Committee also address this intersection.

HOUGHTON COLLEGE PROJECT

Arlene Vogt, Union Road, questioned a recent statement in the Buffalo News that she was part of a companion lawsuit against Young Development’s proposed project for the Houghton College site.

Town Attorney Shawn Martin stated that when he was in court with Mrs. Vogt the Judge’s clerk informed them that he would be in contact with Judge Whalen and if they chose to consolidate the cases they would. Mrs. Vogt was told that her case stands on its own and now that Judge Whalen rendered his decision on the other case, her case now has standing as an aggrieved party to commence an Article 78. This will be addressed in court on Wednesday.

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ISSUES OF THE PUBLIC

HOUGHTON COLLEGE PROJECT (continued)

Mrs. Vogt questioned why Mr. Lorigo’s lawsuit was heard first when she filed first and they were supposed to have been heard together. When Mrs. Vogt called the court she was told that “obviously something fell between the cracks,” and she felt that politics had been played.

Mr. Martin stated there was no guarantee they would be together. He does not control the Judge’s calendar and only received notices on the date and time to be in court.

Susan Pisanczyn, Union Road, referred to Supervisor Piotrowski’s statement in the Buffalo News article that “The Town Board’s denial, its third rejection of the project, proves that opposition had more to do with anti-senior citizen sentiment than sewers or aesthetics.” Mrs. Pisanczyn stated that opposition to the project was never against the seniors and the majority of residents that reside along the Houghton College property are senior citizens that are against the project. They have stated on many occasions that they are not against seniors, but discrimination was the only tactic Ralph Lorigo had and he used it in ads in the Pennysaver and West Seneca Bee. Mrs. Pisanczyn stated that the Town Board did not vote against subsidized housing; the entire project was denied. The ads focused only on the People Inc. building and did not mention the massive, three-story, 128-unit luxury apartment building proposed for the site.

Tom McGowan, Carla Lane, referred to a 2008 news article when the Town Board denied a rezoning from residential to commercial on Berg Road because it violated the Master Plan. He stated that the Master Plan was not considered when Buffalo RV and Mr. Young’s 51-unit apartment building were built on Southwestern Blvd. behind his home. Mr. McGowan suggested that the Master Plan be considered with the Houghton College project because that neighborhood should be protected. He commented on the false statements that the residents around Houghton College were anti-senior/anti-People Inc. Mr. McGowan commented that People Inc. provided enormous benefits to the elderly and others, but suggested they get a new attorney and pick a more suitable location in town. People Inc. was turned down two other times due to water runoff and other problems. Mr. McGowan stated that in September 2010 People Inc. published a full page message to the residents of Sewer District 13 stating that the Town Engineer determined there was sufficient capacity in the sewers to handle the project, but he did not believe this was true. Mr. McGowan walked the Houghton College property last year following a five day stretch of dry weather. He walked to the wetlands, smelling raw sewage at times, and heard water rushing coming from a sewer manhole 15 or 20 feet from Cazenovia Creek. Mr. McGowan stated that there was a definite capacity problem with the sewers downstream. Young Development was supposed to eliminate 30,000 gallons of sewage per day from the sewers, but he questioned how that could possibly be done. Mr. McGowan further stated that he sent a letter to the three board members on September 29, 2010 with concerns that Mr. Lorigo and Young Development are running the town and stated that he still had not received a response.

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ISSUES OF THE PUBLIC

HOUGHTON COLLEGE PROJECT (continued)

Councilman Clarke stated that the board members have been overruled three times by people that don’t even live in the town and this takes the voice of the people away. They are not elected in the Town of West Seneca and should not be able to dictate to the town.

Councilwoman Meegan agreed and stated that they are continuously ignoring the Town Board’s decisions. She further commented that Mr. Lorigo was entitled to bring developers into town but since Supervisor Piotrowski has established his relationship with Mr. Lorigo he probably should not be voting on any of those projects.

Chris Pisanczyn, Union Road, referred to Judge Whalen’s statement in the Buffalo News that he was tired of the People Inc. issue going from one denial to another. Mr. Pisanczyn stated that the previous two locations were denied because of sewer issues and that is the same problem with the Houghton College site. This was never a senior issue and 75 percent of the residents that signed the petition opposing the project were seniors. Mr. Pisanczyn questioned why this project was rushed through the court and stated that they took three days to decide on a denial for the project at the waterfront. That project was denied because it did not fit in with the character of the neighborhood and that is the reason why the Houghton College project should have been denied. Mr. Pisanczyn thought that if Mr. Lorigo had represented the waterfront project it would have been approved.

Councilwoman Meegan stated that she found out this date that Katie’s Place, Mr. Young’s project at Schultz Road & Transit Road, is under a payment in lieu of taxes (PILOT) program. The property was purchased for $125,000 and it is now assessed at $1.15 million. They pay 20 percent in taxes after the first year and every year after it is raised in 5 percent increments. Councilwoman Meegan also understood that Lily’s Place on Southwestern Blvd. that opened in September 2010 only has 20 percent occupancy, which did not demonstrate a real need for this housing.

PERSONNEL APPOINTMENTS

Beverly Leising, Harwood Road, commented that Supervisor Piotrowski stated it was his obligation as Town Supervisor to answer to and work for the people of West Seneca. She questioned why Supervisor Piotrowski would attempt to appoint Joseph Lorigo to a town position when the voters spoke in the last election and he lost the Town Justice race.

Supervisor Piotrowski stated that Councilwoman Meegan asked what he would like in exchange for his support for her husband for Working Crew Chief and his choice was Joseph Lorigo for Town Prosecutor.

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ISSUES OF THE PUBLIC

PERSONNEL APPOINTMENTS (continued)

Councilwoman Meegan denied Supervisor Piotrowski’s statement and stated that he suggested they discuss the two appointments together and she refused. Councilwoman Meegan stated that her husband was one of the senior employees in the Buildings & Grounds Department and he was entitled to seek a promotion, but she did not and will not make any arrangements to appoint Mr. Lorigo in exchange for her husband receiving a promotion.

Councilman Clarke stated that the board had discussed replacing Don Doctor, the former Working Crew Chief, prior to the Reorganization Meeting and at that time Supervisor Piotrowski stated that he had no problem appointing Michael Meegan. A few weeks later he wanted to know what he would get in return, but Councilman Clarke and Councilwoman Meegan would not play politics or make any deal.

Mrs. Leising questioned if Margaret Martin was related to Town Attorney Shawn Martin and Mr. Martin confirmed that she was. Mrs. Leising did not see the difference with appointing a relative of Mr. Martin’s and appointing Mrs. Meegan’s husband.

Supervisor Piotrowski noted that he voted against the appointment of Mrs. Martin.

Michael Meegan, Cathedral Court, stated that he never thought that he would get the promotion and was thankful for the job he has had with the town for the last 19 years. He stated that in November 2010 he asked Supervisor Piotrowski for his support for this position and his response was “I’ve never had a problem with you and have no problem supporting you,” and they shook hands. Mr. Meegan thought that a handshake was a man’s word and it set a terrible example to go against that.

Supervisor Piotrowski stated that Mike Paluch and Kris Hicks also asked for his support for the position and he committed to none of them. He never had a problem with any of them but never offered his support to any of them.

Tom McGowan, Carla Lane, referred to an article in the February 10, 2011 West Seneca Bee concerning Supervisor Piotrowski’s efforts to appoint Joseph Lorigo. Mr. McGowan stated that last year he asked Supervisor Piotrowski and the other board members if they had any relationship, business or otherwise, with Mr. Lorigo and they all said no. The article stated that Supervisor Piotrowski and Ralph Lorigo have a professional and personal history with each other.

Supervisor Piotrowski stated that he knows and supports the Lorigo family. He worked for Mr. Lorigo’s law firm in 1994 and that was listed in his literature.

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Page sixteen . . .

ISSUES OF THE PUBLIC

PERSONNEL APPOINTMENTS (continued)

Mr. McGowan stated that Supervisor Piotrowski signed an oath of office swearing that he will support the Constitution of the United States and the Constitution of the State of New York and there is nothing that says, “I’ll scratch your back, if you scratch mine.” It does say, “for the people and by the people.” Mr. McGowan commended Councilwoman Meegan for not falling for the “good old boys” tricks and for doing what is right for the town.

SEWER PROBLEMS

Sue Penders, Azalea Drive, stated that for over ten years there has been a problem with sewers backing up into her house and she was told to install a gateway valve, which she did and it did stop the problem. However, it also prevents them from flushing a toilet and using the water. Mrs. Penders understood that the town had to do a 15 year survey mandated by the DEC and they were now in the 11^th year. The Engineering Department has told her that there are no plans for this problem to be fixed in her neighborhood. Sewage has backed up in her house three times already this year and she questioned if anything is being done.

Councilwoman Meegan estimated the cost to be around $52 million dollars to fix the sewers and thought that now was the time to bond for this, but it will have to go to a referendum. She has spoken with Senator Kirsten Gillibrand about this problem and she is listening.

Engineering Consultant Richard Henry stated that last week they put a pump back in one of the overflows that is permitted but hadn’t been used in four years.

Mrs. Penders stated that there used to be a pump at Rosewood Drive and East & West Road and that would help the situation a little, but that pump is not allowed anymore. She felt ten years was a long time to wait for a solution to this problem.

Councilwoman Meegan agreed and stated that she did not know any other alternative than to bond for the necessary repairs. She noted that there was a pumping station discovered on East & West Road that was in business for 20+ years and it pumped tens of millions of gallons of raw sewage, so the numbers used on the Houghton College project are flawed.

James Kittner, Victoria Heights, East Aurora, stated that in December 2010 he retired from the Town of West Seneca after 38 years and the same sewer problems being discussed now were existing 38 years ago. He recalled pumping the same locations 38 years ago when there were 4000 to 5000 less homes and stated that each administration has put off fixing the problem because of the cost involved. Mr. Kittner could not understand why Supervisor Piotrowski would back a project that will add to the sewer problem and suggested that the entire board do what needs to be done to fix this problem.

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West Seneca, NY 14224 March 7, 2011

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ISSUES OF THE PUBLIC

SEWER PROBLEMS (continued)

Karen Lucachick, Greenmeadow Drive, stated that the problems that exist in West Seneca are due to the 16 years of the prior administration and the previous Supervisor that did what he wanted to do to the town. She encouraged the residents to know who they are voting for when they go to the polls this year.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

EXECUTIVE SESSION

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to recess to Executive Session at 8:20 P.M. to discuss two legal matters.

Ayes: All Noes: None Motion Carried

The board members returned from Executive Session at 8:25 P.M.

ADJOURNMENT

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:30 P.M.

Ayes: All Noes: None Motion Carried

_______________________________________

PATRICIA C. DEPASQUALE, RMC/CMC

TOWN CLERK