Town Board Minutes

West Seneca, NY 14224                                          Budget - October 19, 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.

 

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.

 

 

 

 

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

 

Supervisor Piotrowski stated that the proposed 2012 Benefit Basis Budget included all the special districts – electric, water, sanitary sewer, and the Industrial Park drainage district. These figures were based primarily on the assessed value or a combination of revenue calculations that matched the cost with the users of the services in the various districts.

 

Amy Carpenter, Woodward Crescent, questioned if the part-time laborers under Line Item 03.8100.0149 in the Sewer Service Department are town employees and how many belong to each crew.

 

Supervisor Piotrowski stated they are town employees in the Sewer and Engineering Department under the direction of Town Engineer Richard Henry. The sanitary maintenance reflects overtime, the sewer crew in Engineering is three employees, and the part-time laborers fluctuate based upon the need. The Lift Station crew is also three employees.

 

Mrs. Carpenter questioned if program maintenance under Line Item 03.8100.0445 is ongoing and asked for clarification of Line Item 03.8101.1454 remedial program.

West Seneca, NY 14224                                          Budget - October 19, 2011

 

BENEFIT BASIS BUDGET (continued)

 

Mr. Henry stated that program maintenance represents annual sewer repair work and the remedial program line item represents minor fees paid.

 

Mrs. Carpenter questioned line items for legal and professional services under several of the districts.

 

Supervisor Piotrowski stated this is a compilation of salaries for the Town Engineer and Town Attorney for services provided to the sewer districts. A percentage of the general fund is applied to the sewer districts because each of the individual departments in Town Hall contribute a certain percentage of time to the sewer districts and that calculation is performed by the auditor.

 

Mrs. Carpenter questioned if it is State mandated that every district be its own district, or could the town ever be one district, and if so, could that be part of the referendum.

 

Supervisor Piotrowski stated the town could be one district and it could be part of the referendum, but each district would have to vote separately on the merger.

 

Mrs. Carpenter questioned how many phases are comprised in the Industrial Park and whether they are ongoing.

 

Supervisor Piotrowski stated the Industrial Park was developed in three phases and there are two years remaining. These development fees are paid by the property owners within the Park. Every year the amount decreases and at some point it will be zero, except for sewer charges which will continue.

 

Mrs. Carpenter noted that electric lighting district 63 is not identified by location while others are specific. She further requested a definition of deficit levy.

 

Mr. Henry advised that electric lighting district 63 is the new subdivision, Princeton Estates.

 

Mr. Malecki, the town’s auditor, explained that a district overspending its revenues in prior years creates a deficit and the only way to make that up is by charging taxes in future years.

 

Rudy Russo, Parkside Drive, referenced the overtime budgeted for the Sewer Department and noted that $77,000 was paid in 2010 for overtime for six people. Mr. Russo suggested instituting staggered starting times to cut down on overtime.

 

West Seneca, NY 14224                                          Budget - October 19, 2011

 

BENEFIT BASIS BUDGET (continued)

 

Supervisor Piotrowski stated that could be considered in the future with the union contract.

 

Mr. Henry stated the overtime occurs when a sanitary sewer overflows and the men get called out.

 

Mr. Russo questioned the $500,000 budgeted for repairs in Sewer District #13.

 

Supervisor Piotrowski explained that amount is consistent for that district.

 

Mr. Henry added that the amount reflects a combination of sewer lining and complying with the consent order.

 

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

 

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table adoption of the 2011 Benefit Basis Budget until October 27, 2011 at 7:00 P.M.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

 

            Ayes: All                                 Noes: None                             Motion Carried

 

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

 

Supervisor Piotrowski stated that the proposed 2012 budget contains an over one percent tax decrease for the year with the leveling off of expenses and an increase in income.

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

Jacqueline Felser, Bullis Road, stated she is currently a senior clerk steno in the Town Clerk’s office and has served as Deputy Town Clerk for over 22 years. When Town Clerk Patricia DePasquale made the decision to retire at the end of her term on December 31^st, she decided to run for that position and felt fortunate to be running unopposed. She stated she is excited about serving as Town Clerk; however, she is very concerned about the cuts that have been proposed in the Town Clerk’s office, especially the elimination of her current position. While Mrs. Felser agreed with a comment made by Supervisor Piotrowski about wasteful spending in government, she felt an uniformed and irresponsible decision was made by the Supervisor in the proposed 2012 budget. Mrs. Felser detailed the duties and responsibilities of the Town Clerk’s office including the various permits and licenses that are issued annually.  She further commented on the merger of the Tax Office with the Town Clerk’s office on January 1, 2011 that added the huge responsibility of collecting a $48,406,721 town and county tax warrant and a combined over $36 million warrant for three school districts along with additional clerical duties, noting that only one additional part-time employee was added to the Town Clerk’s office to handle the extra work. Mrs. Felser stated that although Supervisor Piotrowski took her suggestion in January to visit the office and see it in operation he did not stay long enough to make an accurate determination on the proper staffing. She further noted that only $19,000 was budgeted for part-time salaries for 2012 and that did not include the $10,000 extra that was transferred to that line item this year to cover the part-time employees’ salaries. Mrs. Felser commented on the work ethic of the employees in the Town Clerk’s office and stated they are team players that do a good job at serving the public.

 

Town Clerk Patricia DePasquale commented that The Town Clerk’s office is the hub of Town Hall and the busiest, performing a multitude of services with clerks often multi-tasking during the course of the day. Last January the Tax Receiver’s Office was merged with the Town Clerk’s Office and neither Mrs. Felser nor she were provided any type of stipend for the extra duties, despite well-deserved salary increases where other departments merged. Supervisor Piotrowski declined repeated invitations to see the office in operation to understand just how busy it is. Mrs. DePasquale strongly disagreed with the Supervisor’s estimation made back in January that this situation would minimally increase the work load of the Town Clerk’s office. At the same time, Supervisor Piotrowski made a statement that the town would eventually be collecting taxes at a local bank exclusively. Mrs. DePasquale noted this is neither feasible nor allowable under state statutes. Real Property Tax Law, Section 920 requires the Town Clerk’s office be open to accept payment of taxes where the Town Clerk is also the Tax Collector, regardless of a lockbox arrangement with the bank. Mrs. DePasquale also referred to the transfer of Gladys Ryan, a town employee for 25 years, to the Town Clerk’s office with the merger of the Tax Receiver’s office. The stipend historically provided in the town budget to Mrs. Ryan as Deputy Tax Receiver was removed from this year’s budget, despite the fact her responsibilities remain the same and her work load is not reduced. Mrs. DePasquale stated she was amazed to see no funding provided for a  Deputy Clerk in the 2012 budget

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

and attempted to explain to Supervisor Piotrowski that it would be physically impossible for Mrs. Felser to perform the duties of both positions. She also reminded Supervisor Piotrowski of a time period between December 2007 and February 2008 when Mrs. Felser was seriously ill and out of work. During that time period, it was necessary for Mrs. DePasquale to be at the office weekends and many evenings, just keeping up with minutes, certifications, and related work involved with the Town Board, Planning Board and Zoning Board of Appeals. Mrs. DePasquale noted that a Deputy Town Clerk is vital to the continuity of the Town Clerk’s office and serves in the capacity of the Town Clerk if for any reason the Town Clerk is not available, in the same manner as a Deputy Highway Superintendent serves in the absence of the Highway Superintendent, or as the Assistant Chief of Police serves in the absence of the Chief of Police. She stated the failure of Supervisor Piotrowski over the past year to provide adequate staffing and now the complete elimination of the Deputy Town Clerk position, while other departments receive out of title pay on a regular basis or an increase in salary when departments are combined, is an insult to both her and Deputy Clerk Jackie Felser. Mrs. DePasquale stated the office of Town Clerk is an elected position, the Town Clerk is solely accountable for the operation of that office as the Supervisor is responsible for the operation of his office, and once Mrs. Felser assumes the office of Town Clerk on January 1^st she will be solely responsible for those duties and entitled to a deputy.

 

Amy Carpenter, Woodward Crescent, noted that training is provided for the Town Clerk, Assessor, and Zoning and Planning Board members. She has made numerous requests for the Town Board members to receive training but did not see it noted anywhere in the budget and suggested mandated training for Town Board members. Mrs. Carpenter also supported the need for a deputy town clerk. She further suggested a forensic audit, the cost of which could be reduced by sharing the auditor’s services with other towns. She questioned if the town paid anything for services under line item 1910.0101 Erie County Community Development Director under Special Items.

 

Supervisor Piotrowski stated that Erie County funds that position with one person taking care of everything downtown and processing applications from individuals looking to purchase a home for the first time or for someone looking for a low interest loan. Applicants must be within a certain geographic area and qualify for a low interest loan.

 

Councilwoman Meegan clarified that it is a HUD position.

 

Mrs. Carpenter questioned why the Town Justice department was not given anything for copying supplies in the budget.

 

Supervisor Piotrowski stated the leases for the copying machines have expired and new copiers were purchased from funds they had in this year’s account. The cost is now listed under Central Printing, Copy Machine Expense. 

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

Mrs. Carpenter questioned how many employees are receiving out of title pay and commented on the concern of the labor attorney in one position but not others.

 

Supervisor Piotrowski stated he would not know off the top of his head.

 

Councilwoman Meegan asked Chief Gehen to give an explanation of how out of title pay is determined in the Police Department.

 

Chief Gehen explained that under the contract, if a lieutenant is absent then the senior patrol officer takes over and receives lieutenant pay immediately.

 

Mrs. Carpenter questioned if there is anyone in particular working toward filling the Industrial Park and if there is a time period to fill the property up.

 

Supervisor Piotrowski stated the Industrial Park is private land with an individual seeking development, but he does make attempts to find businesses interested in the Park. There was no time period to fill the property.

 

Mrs. Carpenter questioned how many students are in the YES program and if the town is asking them to pay anything toward their clothing allowance. She felt the town should be asking the members to pay $5.00.

 

Recreation, Youth, Senior Services Director Mary Josefiak responded the number of students is over 200. That line item was reduced because many members already have t-shirts and new members only receive one after working a certain number of hours.

 

Mrs. Carpenter questioned what the Kiwanis building was being used for and if rent was charged for its use.

 

Mrs. Josefiak stated the building is used daily free-of-charge by different groups in town such as the girl scouts, 4-H, and Home Bureau. The town also offers various events for the children, including games and movies. This Christmas the building will be open concurrently with open skate times.

 

Mrs. Carpenter questioned the line item for band concerts this year that was not in past budgets.

 

Supervisor Piotrowski stated that is the stipend for the Town Band. There was an error in last year’s budget but it was adjusted at the January meeting. The band performs 20 to 25 times throughout the year and the stipend is for supplies, music, and rights to the music.

 

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

Mrs. Carpenter questioned the increase in salaries to the Peer Counselors and if that was warranted when the town is attempting to tow the line and cut positions.

 

Supervisor Piotrowski stated that pursuant to the white collar contract, each employee and department head received a 3 percent raise, the blue collar contract provided a 2 percent increase, and elected officials did not receive raises.

 

Mrs. Carpenter referred to the County looking to build a taxing district for libraries over the next three years and questioned if the town will have any input.

 

Supervisor Piotrowski stated if the voters approve a taxing district, the town and cities will not have any say in how the libraries are managed. The amount budgeted for 2012 is for maintenance of the building.

 

Mrs. Carpenter noted the Burchfield Nature & Art Center (BNAC) does not have any operating budget other than telephone and office equipment.  Nothing was budgeted for salaries and there is a lot of activity there.

 

Supervisor Piotrowski stated this is the first year of operation. As it continues being successful, that will be considered but currently it is doing a good job at being self funded.

 

Mrs. Carpenter stated that as someone who has donated significantly to that operation and is aware of the work that goes into what they do, the lack of salary does not seem fair when someone is being paid to run the Senior Citizens Center. The BNAC is operational seven days a week and the town needs to reconsider where its priorities are. The Town of Orchard Park budgets $3,000 for its historical building, not including repairs and changes to the property, and it appears West Seneca is spending too much for its historical property. A forensic accountant would be able to compare what West Seneca spends as opposed to other municipalities, as well as look into combining vendors for energy suppliers with other communities.

 

Town Attorney Shawn Martin stated the town is paying less for gas under the current RFP than if we were on the open market at this time of year. The contract is not due for renewal until sometime late next year. 

 

Mrs. Carpenter questioned the number of van drivers for the Senior Citizens Center and if the seniors are required to pay for craft materials.

 

Mrs. Josefiak stated there are eight van drivers and she is required to file a monthly report with Erie County Senior Services on the number of miles and trips, etc.  Seniors do pay for their craft materials.

 

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

Mrs. Carpenter referenced the $35,000 budgeted for electric for the Senior Center and noted the town had considered combining utilities with the school district for better rates and installing solar panels on the building.

 

Supervisor Piotrowski stated the Senior Center is equipped with solar panels, but the building is very busy.

 

Mrs. Carpenter noted the Zoning Board and Planning Board salaries to be higher than salaries in other communities. She further questioned what the serial bond money that was to be used for the gps units will be used for.

 

Supervisor Piotrowski responded that the money was not being used for anything.

 

Karen Lucachick, Greenmeadow Drive, requested clarification on the individual holding the Principal Assistant title in the Engineering Department as well as the reduction in draftsmen.

 

Town Engineer Richard Henry stated the Principal Assistant is Ronald Pfeil, an employee of 20 years. The number of draftsmen has been reduced from two to one and Mr. Henry’s salary is listed as Professional Services.

 

Mrs. Lucachick noted there is no salary listed for Fire Inspector/Code Enforcement under Building & Plumbing Inspection.

 

Supervisor Piotrowski stated that position is now Assistant Inspector.

 

Mrs. Lucachick asked why radio installation under Highway Garage is doubled this year and also referenced the two additional laborers hired when former Councilman Vincent Graber endeavored to keep the number at 14.

 

Highway Superintendent Matthew English stated it is mandatory this year to change the radio bands. He further stated that when he worked in Buildings & Grounds in 1982, there were 14 people in that department and without the number of parks there are today. It was his opinion that every one of the employees is needed.

 

Mrs. Lucachick asked for clarification on school intervention under the Recreation budget.

 

Supervisor Piotrowski stated that when the school district does not have the capability of handling certain problems with students and families, it becomes a referral service.

 

Mrs. Lucachick suggested a clearer description in next year’s budget. She further referred to the various celebrations and thought they were too expensive.

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

Supervisor Piotrowski stated that monies budgeted under patriotic observances reflect the Veterans Day and Memorial Day ceremonies in town and the July 4^th celebration amount is provided to the Civic & Patriotic Commission for its use.

 

Mrs. Lucachick stated this community has a real gem in the BNAC which offers art work and classes, among other things. The building could not operate without the volunteers, especially Paula Minklei. Mrs. Lucachick stated the town owes all the volunteers, including Paula Minklei, a great deal. Paula served on the Burchfield Board, stayed with the BNAC and made it run, and continues to make it run, but she needs some help with opening the building.

 

Andrew Jarczak, Orchard Avenue, stated the current budget for peer counseling is $72,749 and the schools contribute 12,000, which leaves the town paying $60,000 for the program. YES program staffing is budgeted at $20,000 with $1800 for clothing allowance and $1,000 for craft supplies. Peer Counseling is a program that the School Board has said it would not provide additional funding for if the town dropped it, however they would continue it as an after school program run by its social workers at a minimal cost. The school spends about $1,500 on its SADD program and this program would cost the same if run in a similar fashion. Most other towns are run by one person. When Recreation Director Robert Walsh retired, his duties along with another department were given to the Senior Center Director. Mr. Jarczyk applauded that move but noted the Directors of Youth Recreation and Senior Services in other towns have a number of additional employees such as program coordinators for youth programs, program leaders for community events and activities, and recreation leaders. Currently $83,000 is being devoted to two programs, but there is a Youth Bureau Board, a newly formed Recreation Commission, the BNAC with a volunteer board, a Kiwanis Center and a Historical Society to which the town is devoting no specific funding for program development or management. Councilwoman Meegan was quoted in the Buffalo News on budget cuts that amount to an irresponsible pursuit of cuts by Supervisor Piotrowski that actually could serve to reduce revenues and hamper the services the town provides. Councilwoman Meegan made an issue of cuts in other departments and the potential elimination of the Deputy Town Clerk and Building and Plumbing positions and has led the charge in not only preserving but also hiring additional employees in Buildings and Grounds and Sanitation, citing the Police Department’s required staffing to provide essential services and produce revenue for the town. Mr. Jarczyk stated that during the tenure of this Town Board, there has been an elimination of the Youth Bureau and Recreation Director, all town Youth Bureau staff positions, and all three positions at the BNAC. The development and implementation of all new programs and activities for all these departments rests on the Senior Center Director and groups of volunteers. The generation of new revenue sources through new programs,

 

 

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

activities and grant applications seems not to have been considered when all these cuts were made. The Town of Cheektowaga through its program coordinators is able to offer 22 pages of programs just from September to December, including childhood development classes, movie nights and seasonal activities for families, and babysitting training through Red Cross. Community centers are open every other Friday night for kids in grades 2 through 8 and they offer games, crafts and a safe place to hang out. The Community Center offers a coffee club for teenagers and in December will host a number of family oriented activities for the holiday. Mr. Jarczyk felt the town could provide essential services and raise revenue at the same time. The town has a Youth Bureau Board but allocates all youth activity funding to an unsanctioned, uncertified school program without consideration or recommendation from the Youth Bureau Board. A full time Buildings & Grounds person is employed at $49,000 to clean and maintain the BNAC but the town provides no funds to the Friends of the Burchfield for operational expenses or employs any staff to run the facility. Mr. Jarczyk suggested eliminating the Peer Counseling positions and creating two program coordinator positions for $30,000 each with $10,000 for operational expenses to provide senior programming and essential services while generating revenue and utilizing the talent and expertise of all the volunteer boards. He encouraged the Town Board to speak with the Youth Board, Recreation Commission, and Friends of the BNAC to determine their needs for next year before finalizing the budget.

 

Johanna Guenther, 140 Neubauer Court, also commented that the BNAC is a treasure for the town and to budget only $35,000 for it is a slap in the face.

 

Frank Russo, Parkside Drive, stated that the Peer Counselors’ salaries cited previously does not include the benefits given to the two part-time employees, including health benefits, longevity, pension and sick pay which brings the amount to over $100,000. He commented that $35,000 is being paid to two people who work five hours a day, 36 weeks of the year when there are clerks who are making $37,000 and $38,000 for working 52 weeks a year. There is no funding for the BNAC and departments like the Town Clerk’s office are being cut, yet the Town Board continues to support a program that the schools could do for zero cost. Mr. Russo stated that he has spoken with school officials who indicated no problem with having the school perform these functions through their social workers. He referred to previous statements made by Supervisor Piotrowski relative to sharing resources and stated that the town has a soccer park that is being used by the schools at no charge. The town should share the resources of the schools 12 social workers, highly trained and highly paid, to handle these types of activities. Three school administrators have told him the school will not provide more money. Mr. Russo further stated that $20,000 is being paid for two people for the YES program to schedule volunteers. He felt this was unnecessary and commented that his children did not require anyone to schedule volunteer work for them. They did it on their own through the Guidance Counselor’s office at school.  Also,  every year additional funds are budgeted for

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

t-shirts. Mr. Russo also commented on the Disaster Coordinator position that he felt was unnecessary, as well as the Expedition vehicle driven by the Disaster Coordinator. He stated that Erie County has a Disaster Coordinator and there are State Police, our Police Department and six volunteer fire companies in case of an emergency. Mr. Russo commented on the excessive overtime in the Justice Court and suggested staggering the hours so the clerk’s hours correspond with the Judge’s. He further stated that a number of towns pay their Planning and Zoning Board members $50 for a meeting and the chairman $75. West Seneca pays $5,000 to the Chairman and $3,000 to the members annually and no matter what their recommendation is, the Town Board has the final say.

 

Karen Lucachick, Greenmeadow Drive, commented on an article she read recently about school students volunteering. The article was written by a psychologist who noted the worst thing you can do for a child is to take them by the hand. The child should be given a list of places to volunteer and then it is up to the child or parent to discover what the child wants to do. Mrs. Lucachick thought the town was developing an incorrect attitude in children by making it too easy for them and stated that the town did get rid of the bus service to transport the students, which was a waste, and the parents are now responsible for getting the students to their respective volunteer sites. She commented that nursing home volunteerism is wonderful but there are so many people in real need in town and that is where the volunteerism should start. Nursing homes have doctors and aides and recreational people, but there are people who do not have anybody.

 

Amy Carpenter, Woodward Crescent, asked if the fire districts have anything to do with the budget and who is responsible for overseeing them.

 

Supervisor Piotrowski stated each of the six districts prepare their own budgets and set their own hearings.

 

Town Attorney Shawn Martin explained that each fire district is a separate and distinct municipality. The voters in each fire district elect the Board of Commissioners in December.

 

Johanna Guenther, Neubauer Court, stated the two Peer Counselors were appointed by Mark Lazzara and the town receives a monthly payment of $8,000 from AmeriCorps for an annual total of $96,000. The town pays more than $96,000 for the two Peer Counselors which she thought is probably amusing to Mr. Lazzara.

 

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

 

West Seneca, NY 14224                                          Budget - October 19, 2011

 

 

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table adoption of the budget until October 27, 2011 at 7:00 P.M.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:20 P.M.

 

Ayes: All                                 Noes: None                             Motion Carried