West Seneca Town Board Meeting Minutes 10/06/2008


WEST SENECA TOWN OFFICES   TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2008-16
West Seneca, NY 14224 October 6, 2008

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

ROLL CALL:   Present -

Wallace C. Piotrowski   Supervisor
Vincent J. Graber Jr.   Councilman
Christina Wleklinski Bove.   Councilwoman
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.

16-A   MINUTES TO BE APPROVED

  • Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve Minutes #2008-15 of September 22, 2008.

    Ayes: All Noes: None Motion Carried

    16-B  LEGAL NOTICES

    1.   Motion by Councilman Graber, seconded by Supervisor Piotrowski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE USE OF FEDERAL COMMUNITY DEVELOPMENT FUNDS” in the Town of West Seneca, be received and filed.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to open the public hearing.

    Ayes: All Noes: None Motion Carried

    Supervisor Piotrowski stated the purpose of the public hearing was to receive comments from the public on the utilization of block grant funds. The Town of West Seneca received block grant funds annually from the federal government and the funds were administered by a special division of Erie County. There was open competition for community development projects and the town belonged to a consortium along with other communities that reviewed the value of individual WNY projects. In the past, the Town of West Seneca received funding for roadway and curb cut projects, handicapped access to the West Seneca Library, handicapped doors at the West Seneca Senior Citizens Center, public access to Buffalo Creek and many other projects. Supervisor Piotrowski noted that Town Engineer George Montz was unable to attend this meeting but had submitted a statement outlining the three projects he was recommending. The first project was Graham Avenue Reconstruction that included 1700 feet of total road reconstruction between Klas Avenue and Tindle Avenue (recently replaced intersections and Harlem Road would not be included), selective storm sewers, underdrain, asphalt pavement, concrete curb and gutter, driveway approaches, trees and restoration. There were no sidewalks along Graham Avenue and sidewalks would not be installed due to insufficient setback distances. The cost estimate for the project was $750,000. The second project was Burch Avenue Reconstruction that included approximately 1100 feet of total road reconstruction between Manhassett Street and Indian Church Road, noting that the southern section of Burch Avenue was previously reconstructed. This project would include selective storm sewers, underdrain, asphalt pavement, concrete curb and gutter, sidewalks, driveway approaches, trees and restoration. The cost estimate for this project was approximately $490,000. The third project was Collins Avenue Reconstruction which included approximately 5500 feet of total road reconstruction between Indian Church Road and the dead end. The section of road north of Mineral Springs Road was approximately 1100 feet and was located in a grant eligible area. The project included selective storm sewers, underdrain, asphalt pavement, concrete curb and gutter, sidewalks, driveway approaches, trees and restoration. The cost estimate for the eligible end of the project was approximately $480,000.


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    16-B    LEGAL NOTICES

    1.    (continued)

    No comments were received from the public.

    Councilwoman Bove stated that she was happy to see that three streets would be looked at for the Community Development Block Grant (CDBG). Last year the town lost out on having even one street taken care of, so she was looking forward to having the town’s new grantwriter submit these projects and hoped that as many as possible would receive grant funding.

    Motion by Supervisor Piotrowski, seconded by Councilman Graber, to close the public hearing.

    Ayes: All Noes: None Motion Carried

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to authorize Supervisor Piotrowski to sign, submit, and execute a contract with the Erie County Community Development Block Grant for the following projects prioritized as follows: 1) Graham Avenue Reconstruction; 2) Burch Avenue Reconstruction; 3) Collins Avenue Reconstruction.

    Ayes: All Noes: None Motion Carried

    16-C   TABLED ITEMS

    1.   Adoption of Noise Ordinance

    Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to remove this item from the table.

    Ayes: All Noes: None Motion Carried

    Supervisor Piotrowski noted that a work session was scheduled for October 20 to discuss this issue.

    2.   Purchase requiring Town Board approval (Pool car/Building & Plumbing Dept.)

    Motion by Councilwoman Bove, seconded by Supervisor Piotrowski, to remove this item from the table.

    Ayes: All Noes: None Motion Carried

    Motion by Councilwoman Bove, seconded by Councilman Graber, to authorize the purchase of a 2006 Ford Taurus with 34,000 miles from Ridgeview Auto Sales at a cost of $8500 and a 2007 Chevy Impala with 75,000 miles from Customs Unlimited at a cost of $9500 noting that the book value on both vehicles was checked and found to be in line.

    Ayes: All Noes: None Motion Carried

    3.   Ice Rink Remediation & Rehabilitation Project

    Remained on the table.

    16-D   COMMUNICATIONS

    1.   Supervisor Piotrowski re West Seneca Community of Churches Crop Walk

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of the West Seneca Community of Churches to hold their annual Crop Walk on Sunday, October 26, 2008 from 1:00 P.M. to 3:00 P.M. on designated streets in the town.

    Ayes: All Noes: None Motion Carried


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    16-D    COMMUNICATIONS

    2.   Supervisor Piotrowski re Southgate Plaza Halloween Parade

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the request of Southgate Plaza to hold their annual Halloween Parade on Sunday, October 19, 2008 with assembly at 11:30 A.M. behind the West Seneca Town Hall and the parade starting at 12:00 noon.

    Ayes: All Noes: None Motion Carried

    3.   Councilman Graber re Appointment to the Burchfield Board of Directors

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Councilwoman Bove as an ex officio member of the Burchfield Board of Directors.

    Ayes: All Noes: None Motion Carried

    4.   Town Attorney re Acceptance of RFP from natural gas suppliers

    Motion by Councilman Graber, seconded by Councilwoman Bove, to enter into a one year agreement with NOCO Natural Gas LLC for the supply of natural gas to the Town of West Seneca at a cost of $.91 per 100 cubic feet.

    On the question, Councilman Graber stated that it took several attempts, but five proposals were received this date and NOCO Natural Gas LLC was the lowest. The contract will be for one year at a fixed price of $.91 per 100 cubic feet. The next closest proposal was $.96 per 100 cubic feet. Proposals were also received for variable rates, but the Town Board chose to go with the fixed rate because it was so low.

    Ayes: All Noes: None Motion Carried

    5.   Chief Gehen re Attendance of Lt. Edward Baker & Police Officer Bill Leitzel at training course

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Lt. Edward Baker and Police Officer Bill Leitzel to attend the “Partnering for a Safer New York” annual Fall Traffic Safety Conference, October 19 – 22, 2008 in Syracuse, New York, at a cost not to exceed $920.

    Ayes: All Noes: None Motion Carried

    6.   Chief Gehen re Appointment of Rickard T. Smith as part-time warrant clerk

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Rickard T. Smith as part-time Warrant Clerk at a rate of $18 per hour effective October 12, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

    Ayes: All Noes: None Motion Carried

    7.   Chief Gehen re Appointment of Melissa Kawa as Clerk Typist

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Melissa Kawa as Clerk Typist, Group 1, Step 1, at an annual salary of $30,020.53 effective October 7, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mrs. Kawa is subject to the successful completion of a twenty-six (26) week probationary period commencing from her appointment date.


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    16-D    COMMUNICATIONS

    7.    (continued)

    On the question, Councilwoman Bove noted that this was not creating a position. Mrs. Kawa was replacing a Clerk Typist that moved to a vacant position in the Justice Court.

    Councilman Graber further noted that Mrs. Kawa was selected from a certified list of eligible candidates supplied by Erie County Personnel.

    Ayes: All Noes: None Motion Carried

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

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

    Ayes: All Noes: None Motion Carried

    9.   Town Clerk re Walter Kolkiewicz proposed subdivision – 862 Seneca Creek Road

    Motion by Councilman Graber, seconded by Councilwoman Bove, to table this item to allow additional time to evaluate the rezoning request.

    On the question, Councilwoman Bove stated that the Town Board took rezoning requests seriously because any rezoning set the precedent for change for future development. The Town Board needed more time to look at this request before deciding on whether or not to refer it to the Planning Board.

    Ayes: All Noes: None Motion Carried

    10.   Recreation Director re Appointment of part-time employees for fall/winter program

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

    Ayes: All Noes: None Motion Carried

    16-E   REPORTS

  • William P. Czuprynski, Code Enforcement Officer’s report for September 2008 and Plumbing Inspector’s report for July & August 2008 received and filed.

    ISSUES OF THE PUBLIC

    TOWN BOARD DOWNSIZING

    Daniel Warren, 836 Indian Church Road, thanked the Town Board for putting the 2009 proposed budget on the town’s website and hoped that they would continue to disseminate information to the public through the website. He further stated that when the new administration took office in January 2008, he encouraged each of the board members to exercise their own judgment. Mr. Warren stated that he has seen more of that in the past months than with the previous administrations and he thanked the board members for exercising their independent judgment. He commented on the need to update the Town Code in certain areas and was especially concerned with adoption of a local open meetings law and code of ethics. He thought these two areas were increasing in importance in light of the downsizing proposal and possible mergers. Mr. Warren stated that if the Town Board


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    ISSUES OF THE PUBLIC

    TOWN BOARD DOWNSIZING    (continued)

    were reduced to three members, any potential meeting between two board members where an argument could be made that public business was discussed would be a violation of the Open Meetings Law. He also thought there could be increased litigation costs to the town if disgruntled developers had their site plan applications challenged or rejected. Mr. Warren thought there should be strict policies and procedures in place to avoid any problems if the size of the Town Board is reduced.

    Michael Lafferty, 206 Greenmeadow Drive, stated that he was one of almost 50 West Seneca residents that participated in circulating petitions for downsizing the Town Board. They gathered over 4000 signatures and he asked that the Town Board act quickly on this issue so the proposition could be on the ballot at the General Election on November 4th. Mr. Lafferty thought the board members were competent, and he was not worried that there would be a problem having three people on the Town Board.

    Dixie Blando, 60 Amana Place, questioned if the town was represented in court on this issue and how much it cost.

    Town Attorney Edwin Hunter advised that he appeared in court and his salary for 2008 was $35,000. Other counsel was retained by the Town Board and was present in court, but he did not know what the arrangement was.

    Councilman Graber stated that the board members and Town Clerk Patricia DePasquale were served and they had to defend themselves. Mr. Hunter had a conflict of interest, so they had to seek outside counsel. It was only one meeting, so the amount of money was insignificant. He did not know the cost of the outside counsel but would let Mrs. Blando know when he found out.

    Mrs. Blando questioned how much it would cost to hold a Special Election if this proposition was not on the ballot in November.

    Councilman Graber estimated the cost to be approximately $40,000 for a Special Election. He understood that the proposition could not be on for the General Election in November because the Erie County Board of Elections had already certified the ballot.

    Mrs. Blando suggested that Kevin Gaughan contribute to the cost of the Special Election.

    Councilman Graber noted that Mr. Gaughan did not have any intention of costing the taxpayers money with this proposal.

    Bronislaus Michalczak, 211 Warren Avenue, thanked the Town Board for the beautiful renovations to the Senior Citizens Center and Highway Supt. Patrick Finnegan for a great job on the parking lot. He further questioned why the Town Board would have an attorney from out-of-town advise them on the downsizing petitions, and he commented on regionalization, noting that he was not in favor of merging the Police Department or Highway Department with other municipalities.

    John Muscato, Indian Church Road, commented that the proposition to downsize the Town Board might be a good or a bad idea, but the voters should be allowed to make that decision.

    Katie Gavin, 23 Cathedral Drive, stated that she had e-mailed Councilman Graber this date on this issue and she referred to his earlier comment about the cost of the outside counsel. Mrs. Gavin questioned what an insignificant amount of money was to Councilman Graber. She noted that she once lived in an area that was regionalized and it was cheaper to live there. Mrs. Gavin moved back to West Seneca because she liked the area and wanted to be close to her family, but taxes in West Seneca were too high. She noted that 4000 residents signed the


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    ISSUES OF THE PUBLIC

    TOWN BOARD DOWNSIZING    (continued)

    petitions to downsize because the Town Board failed to pass the resolution. While her husband was out-of-town, Mrs. Gavin paid babysitters so she could circulate a petition, and although not all residents were happy with the proposal, the majority of people were in favor of downsizing. Mrs. Gavin commented that there were over 400 politicians in this area and something had to change. If West Seneca could be the catalyst for change for the entire area, then so be it. Mrs. Gavin stated that change could be good and if the downsizing saves the taxpayers any amount it is a good thing. She further thought it was irresponsible for Councilman Graber to not know how much the town was paying the outside counsel.

    Councilman Graber responded that the Town Board was sued just like the Board of Elections was sued. They did not bring about the lawsuit.

    Mrs. Gavin stated that if the Town Board had passed the referendum in the first place, they would not be in this position right now.

    Councilman Graber disagreed and stated that every board member was elected to represent the people. With a population of 45,000 and five board members, each board member’s vote counted for 9000, so he chose to vote against something he did not agree with.

    Councilman Clarke referred to the recent issue with the ice rink and the money that was saved on the bid for removal of the mold.

    Mrs. Gavin referred to the Town Board meeting when the downsizing referendum was initially proposed and stated that at that time Councilwoman Bove suggested hiring more people to determine how many times the Town Board had saved the taxpayers’ money. Every time the Town Board hires outside people to look into something it costs money and that is what is wrong with government.

    Councilwoman Bove stated the town did not need to hire outside people.

    Councilman Clarke responded that they were saving money for the taxpayers. He did not see Mrs. Gavin thanking the Town Board for saving $60,000 on the ice rink project, but she was there to harass them.

    Mrs. Gavin stated that this area needed to change. She wanted to see the area thrive and in order to do that they had to lower the size of government in general.

    Karen Lucachick, 61 Greenmeadow Drive, referred to the issue involving the town employees’ health insurance that was unpaid and the potential lawsuit and stated that there were council members that were interested in seeing that the town employees were thoroughly insured. Supervisor Piotrowski also had a private bid for the ice rink project, but when the board members found out about it they held an open bid. Mrs. Lucachick suggested that the public attend the board meetings regularly so they know what is going on in the town.

    David Monolopolus, 97 Lexington Green, commented on the eyesores in town and stated that Supervisor Piotrowski stated in his campaign that he was going to clean up the Seneca Mall site and other sites, but he has not seen any of these things happen. He further commented that downsizing the Town Board would not be a significant savings to the taxpayers.

    Rachel Lafferty, 206 Greenmeadow Drive, stated that to get a good job she would have to go elsewhere, but she chose to stay in this area with a lesser job because she loves the Buffalo area and West Seneca. She circulated petitions for the downsizing not just to save money, but to better West Seneca so she can stay here and raise a family. Ms. Lafferty commented that all the bickering and shouting on this issue was unnecessary and the big picture was all about bettering West Seneca.


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    ISSUES OF THE PUBLIC

    TOWN BOARD DOWNSIZING    (continued)

    Don Schoenl, 50 Willowdale Drive, referred to the phrase “penny wise, pound foolish.” He thought the downsizing proposal was under the guise of saving money, but they would end up paying more. Mr. Schoenl further commented that government was not a democracy, it was a republic, and the more representation they had the farther away they would be from tyranny. Also, the farther away from town government, the less representation there was. Mr. Schoenl thought there was better service at the town level than there was at the state or federal level of government.

    David Nagy, 69 Tracy Lynn Lane, did not think downsizing the Town Board was the right thing to do or would save a lot of money. He stated that the board members oversaw all the town employees and the taxpayers. They made sure that the department heads were not overspending and that was worth more than $60,000. Mr. Nagy thought that if the size of the Town Board were reduced to three members, the remaining members might then say it was a full-time job and vote for full-time pay for themselves.

    Anthony Peluso, 130 Pellman Place, suggested that they stop all the talk and let the public vote on this issue and make a decision on the size of the Town Board. He commented that there was nothing personal about any of the board members and they probably all did a good job, but this was a democracy and the people should be allowed to speak at the polls.

    John Blando, 60 Amana Place, noted that downsizing should not be confused with regionalizing. Regionalizing could be done through purchasing and consolidating spending. Downsizing was not the practical way to regionalize.

    INCIDENT AT BUFFALO AIRFIELD

    Ruck Marino, 4713 Clinton Street, stated that he considered downsizing to be rightsizing and noted that he has been asking that amendments be made to the Noise Ordinance and it took three years for some action to be taken. He thought that politicians were the biggest malfunction of the country and he preferred to see progress from the board members rather than fighting. Mr. Marino further commented on an incident that took place Saturday morning when he was flying his plane and landed at Buffalo Airfield on Clinton Street. He exited the plane and walked to his house to get things he had forgotten when three police officers came to his home and asked what he was doing landing a plane at Buffalo Airfield. Mr. Marino stated that he has flown many places and had defended the Flag long before he was a citizen of this country and he would not be intimidated by the police for landing his plane at Buffalo Airfield.

    Chief Gehen responded that the Police Department does not intimidate anyone; they were there to serve the public in the most efficient way possible. He offered to meet with Mr. Marino to review the call and explain the response.

    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    VOTER REGISTRATION DAYS

    Town Clerk Patricia DePasquale announced that the Erie County Board of Elections would be holding local voter registration days at the West Seneca Kiwanis Center on Tuesday, October 7th, 5 P.M. until 9 P.M. and at the West Seneca Town Hall on Saturday, October 11th, 1 P.M. until 9 P.M.


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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    REQUEST FOR BUDGET INFORMATION

    Councilwoman Bove stated that it was time for the Town Board to review and revise the tentative budget submitted by Supervisor Piotrowski and she requested the following information from Comptroller Robert Bielecki in spreadsheet form with a breakdown by department - job title, name of employee, and compensation. If there are a number of people with the same title in a department, she requested that the number of employees be indicated. Councilwoman Bove also asked that columns for 2008 and 2009 be shown so the figures could be compared.

    SPECIAL COUNSEL RETAINED BY TOWN BOARD

    Motion by Councilwoman Bove, seconded by Councilman Clarke, to retain Harris, Beach as conflict counsel and special counsel pursuant to the letter dated October 6, 2008 and authorize Deputy Supervisor Vincent Graber to sign the agreement.

    Ayes:  (4)    Councilwoman Bove, Councilman Clarke, Councilman Graber, Councilwoman Meegan
    Noes:  (1)   Supervisor Piotrowski
    Motion Carried

    PUBLIC HEARING SCHEDULED FOR AMENDMENTS TO DUMPING ORDINANCE

    Motion by Councilman Graber, seconded by Councilwoman Bove, to schedule a public hearing for October 20, 2008 at 7:30 P.M. to consider the adoption of Local Law No. 3 of the year 2008 concerning amendments to Chapter 63, Dumping Ordinance.

    Ayes: All Noes: None Motion Carried

    DISPOSAL OF EQUIPMENT

    Motion by Councilman Graber, seconded by Supervisor Piotrowski, to authorize Highway Supt. Patrick Finnegan to dispose of the following pieces of equipment that are no longer in service:

    Vehicle #     Plate # Year/Make VIN #
    703 K77665 1995 Ford Taurus 1FALP52U6SG100853
    825 K74643 1986 Ford Tractor UEO3144
    1053 K70675      1992 International Dump      1HTGBPR9NH391885
    823 K74632 1981 Jacobsen Tractor UTD1035
    812 K74612 1996 Ford Pickup 1FTEF15Y7TLB75695

    and authorize the disposal of excess furnishings from the Senior Citizens Center that are being stored at the Highway Department.

    Ayes: All Noes: None Motion Carried

    COMMENTS ON DOWNSIZING

    Councilman Graber stated that there were very strong opinions on the downsizing and he thought the issue will eventually be on the ballot and they will know if the petition process was successful. One of the debates in court this date was the wording on the petition that stated the Town Board would be downsized effective January 1, 2012 when the reality was that it would be January 1, 2010. Councilman Graber stated that the date of downsizing was not important, but there was two distinct points of view on this issue and the voters should know what they are voting on. Councilman Graber further stated that he agrees with Kevin Gaughan that they have to reduce the cost of government, but Mr. Gaughan oversimplifies this by believing that by reducing the size of the representative form of government the cost will automatically be reduced. This was not necessarily true and he referred to costs such as


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    COMMENTS ON DOWNSIZING    (continued)

    the New York State pension costs, health care costs, and the cost of oil used in town vehicles and asphalt that is purchased. Councilman Graber suggested that Mr. Gaughan look for ways to reduce the cost of government in New York State rather than reducing the size of the government. He commented that there was no motivation by state legislators to reduce the cost of government. The state budget increases on an annual basis, but Supervisor Piotrowski’s preliminary budget for 2009 shows no increase in the cost of town government, and many neighboring towns, including West Seneca, have done this in the past.

    Councilwoman Meegan stated that five board members might seem like a lot, but she knows how much work she does in her job as council person every day. She thought the most important thing on this issue was that the people be allowed to decide and that everyone knows what they are voting on. Councilwoman Meegan commented that the board members work for the public and if the public chooses to let them go, so be it.

    W.S. BEE EDITORIAL ON TOWN BOARD MEETING SCHEDULE

    Councilwoman Meegan referred to the editorial in last week’s issue of the West Seneca Bee concerning the Town Board meetings being held on Mondays in conflict with the West Seneca School Board meetings. She stated that the Town Board did not have the luxury of using many different buildings to hold their meetings like the school board, and the Town Board has historically held their meetings on Mondays. Councilwoman Meegan stated that the entire Town Board recently agreed to change the meetings from the second and fourth Mondays of the month to the first and third Mondays of the month to accommodate a conflict she had with teaching religion on the last Monday of each month.

    HALLOWEEN DESIGNATED

    Supervisor Piotrowski designated Friday, October 31, 2008 from 6:00 P.M. until 8:00 P.M. as the day for trick-or-treat in the Town of West Seneca.

    RESOLUTION ON NOTICE OF SUBMISSION OF PROPOSITION & HOURS OF VOTING

    Motion by Supervisor Piotrowski, seconded by Councilman Graber, to adopt the following resolution on notice of submission of a proposition and hours of voting in the upcoming Special Election:

      WHEREAS, on September 3, 2008 the West Seneca Town Clerk received a petition, duly subscribed, authenticated, and with sufficient number of signatures of electors of the town, all in the manner provided by New York State Election Law and New York State Town Law Section 81; and

      WHEREAS, in accordance with New York State Town Law Section 81, such petition compels this board to cause to be submitted at a special election a proposition on whether to decrease the number of council members from 4 to 2; and

      WHEREAS, under New York State Town Law Section 82, this board must adopt a resolution at least 20 days before every special town election designating the hours of opening and closing the polls and the place or places of holding the election, and setting forth in full all propositions to be voted upon and the Town Clerk must comply with all notice and posting requirements relating to this special town election and proposition; and

      WHEREAS, the NYS Supreme Court has issued an order directing this Town Board to discharge its ministerial duties under Town Law Section 82 and take all necessary steps to schedule and hold a special election to place before the town voters a proposition on whether to downsize this Town Board; now, therefore, be it


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    RESOLUTION ON NOTICE OF SUBMISSION OF PROPOSITION & HOURS OF VOTING

      RESOLVED,

        1) The Town of West Seneca shall hold a special town election on Tuesday, November 4, 2008 for the purpose of placing before town voters a proposition on whether to reduce the number of council members from 4 to 2;

        2) Such special town election shall take place and coincide with the general election to be held on November 4, 2008 for the election of state and federal offices, with the same hours for opening and closing of polls, 6:00 AM to 9:00 PM, and at the same places of holding the election as designated by the Erie County Board of Elections, all in the Town of West Seneca, New York;

        3) The Town Clerk is hereby instructed to take all necessary steps to comply with the notice and posting requirements relating to this special town election and proposition;

        4) The abstract of the proposition, which shall be designated Proposition 1, shall read: “Should the number of council members on the Town Board of the Town of West Seneca, New York be decreased from four (4) to two (2), as follows: No council member shall be elected at the biennial town election on November 3, 2009 thus creating a West Seneca Town Board comprised of the Supervisor and two (2) council members then and two (2) council members shall be elected at the biennial town election November 8, 2011 and the Town of West Seneca Town Board shall be comprised of a duly elected Supervisor and two (2) town council members on January 1, 2012, or as a substitute, should the number of council members of the Town Board of the Town of West Seneca, New York be decreased from four (4) to two (2) as this Town Board shall decide.”

    On the question, Councilman Graber asked special counsel Timothy Greenan to explain the next step in this process.

    Mr. Greenan stated that he appeared in court this date on behalf of the town and at the proceeding the Judge indicated that he wanted the Town Board to find a way to put the proposition on the ballot and work in conjunction with the Erie County Board of Elections and other interested parties. This would not take effect until the Judge issues an order and Mr. Greenan advised the Town Board that it would be improper for them to act before that order is issued. Mr. Greenan had talked to the attorney for the gentleman that brought the lawsuit and asked him if he had a signed order this date, but he did not have one. The Judge talked from the bench but had not yet issued the order and there was no official ruling until he issued it. Mr. Greenan advised that it would be improper for the Town Board to act until they knew exactly what the Judge was directing them to do; otherwise they would be risking additional litigation in this matter. Mr. Greenan stated that he advised Supervisor Piotrowski and the other board members in Executive Session before this meeting to not move forward on this before they had a court order. As soon as an order is issued by the court he will circulate it to the Town Board in time for a special meeting to be called to comply with the terms of the order.

    Councilwoman Meegan suggested amending the motion and asking that a special meeting be held when the order is received.

    Mr. Greenan stated that an appropriate motion would be to request that a special meeting be held within five days of the date the court order is received. This would allow sufficient time for notifying the media.


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    PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

    RESOLUTION ON NOTICE OF SUBMISSION OF PROPOSITION & HOURS OF VOTING

    Motion by Councilwoman Meegan, seconded by Councilman Graber, to amend the motion and schedule a special meeting to be held within five days after receipt of the Judge’s order.

    Ayes:  (4)    Councilwoman Meegan, Councilman Graber, Councilwoman Bove, Councilman Clarke
    Noes:  (1)   Supervisor Piotrowski
    Motion Carried

    ADJOURNMENT

    Motion by Councilman Graber, seconded by Councilwoman Meegan, to adjourn the meeting at 8:40 P.M.

    Ayes: All Noes: None Motion Carried



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    PATRICIA C. DEPASQUALE, RMC/CMC
    TOWN CLERK