West Seneca Town Board Meeting Minutes 06/01/2009
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 -
Absent - None Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. 9-A MINUTES TO BE APPROVED
9-B TABLED ITEMS 1. Credit card policy Remained on the table. 9-C COMMUNICATIONS 1. Supervisor Piotrowski re Retirement of Real Property Appraiser Edward Toy Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Edward T. Toy and terminate him as Real Property Appraiser effective June 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Toy served the town for over 24 years. On the question, Councilwoman Meegan thanked Mr. Toy for all his years of service and wished him good health and happiness in his retirement.
2. Supervisor Piotrowski re Job inventory list Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the job inventory list for submission to Erie County Personnel.
3. Town Engineer re Bid award for Ludwig Avenue Reconstruction Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for the Ludwig Avenue Reconstruction Project, Job No. L-0801, to Occhino Corporation, 2650 Seneca Street, West Seneca, at their low contract amount of $343,395.90 and authorize the Supervisor to sign the contract documents.
4. Town Engineer re Bid award for East & West Road Watermain Replacement Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for the East & West Road Watermain Replacement Project, Job No. E-0807, to Sue-Perior Concrete & Paving, Inc., 1500 Union Road, Suite 201, West Seneca, at their low contract amount of $399,333 and authorize the Supervisor to sign the contract documents.
5. Town Engineer re Bid award for Collins Avenue Reconstruction Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for the Collins Avenue Reconstruction Project, Job No. C-0901, to Sue-Perior Concrete & Paving, Inc. 1500 Union Road, Suite 201, West Seneca, at their low contract amount of $1,934,175.60 and authorize the Supervisor to sign the contract documents.
9-C COMMUNICATIONS 6. Town Engineer re Bid award for Spray Pool Water Treatment Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for the Spray Pool Water Treatment Project, Job No. S-0902, to Numarco, Inc., 1021 Maple Road, Elma, NY 14059, at their low bid of $28,258 and authorize the Supervisor to sign the contract documents.
7. Town Engineer re Hydrant addition on Collins Avenue Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the additional annual hydrant fee of $229.08 for Erie County Water Authority for addition of one hydrant and valve assembly on Collins Avenue in West Seneca Fire District No. 1.
8. Town Engineer re 2008 Annual Stormwater Report Motion by Councilman Graber, seconded by Councilwoman Meegan, that the 2008 Annual Stormwater Report prepared by the WNY Stormwater Coalition will be available for public review in the Town Clerk’s Office June 2 – 5, 2009 from 9 A.M until 5 P.M.
9. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $1775 to Burgh Schoenenberger for calibration/service of existing flowmeters.
10. Highway Supt. re Bid award for pickup and disposal of paper recyclables Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for pickup and disposal of paper recyclables to Modern Recycling Inc. at their low bid price of $130 per month.
11. Highway Supt. re Bid award for two plows & one dump body Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for two plows and a dump body to Kaminski & Sons Truck Equipment at their bid price of $15,306.
12. Highway Supt. re Bid award for infield groomer Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for an infield groomer to Cazenovia Equipment Co., Inc. at their bid price of $12,888.
9-C COMMUNICATIONS 13. Highway Supt. re Title change for Michael Scarpello to Highway Laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Michael Scarpello as Highway Mechanic and appoint Michael Scarpello as Highway Laborer, Group 1, Step 1, at a rate of $21.88 per hour effective May 21, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Highway Supt. re Title change for James Nicholas to Highway Mechanic Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate James Nicholas as Highway Laborer and appoint James Nicholas as Highway Mechanic, Group 5, Step 1, at a rate of $22.79 per hour effective May 21, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Highway Supt. re Title change for Robert Krautsack to Highway Laborer Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Robert Krautsack as Sanitation MEO and appoint Robert Krautsack as Highway Laborer, Group 1, Step 1, at a rate of $21.88 per hour effective June 1, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Highway Supt. re Appointment of Thomas Styn as part-time seasonal laborer in Highway Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint Thomas Styn as part-time seasonal laborer for summer help in the Highway Department at a rate of $7.15 per hour effective June 1 – September 4, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Highway Supt. re Termination of part-time seasonal laborers Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the following part-time seasonal laborers effective May 29, 2009:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
9-C COMMUNICATIONS 18. Highway Supt. re Perfect attendance bonus for ice rink employees Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a perfect attendance bonus of $.50 an hour per hour worked to the following part-time laborers that have not missed a day of work at the Ice Rink for the entire season:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Highway Supt. re Appointment of part-time seasonal laborers in Bldgs. & Grounds Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the following part-time seasonal laborers as summer help in the Buildings & Grounds Department at a rate of $7.15 per hour effective June 1 – September 4, 2009: John Kaminski and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $6972.77 to Lakeside Sod for ball diamond mix and quick dry and $8235 to United Survey Inc. for sewer rehabilitation work.
21. Chief Gehen re Retirement of Detective Daniel Connors Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Detective Daniel Connors and terminate him effective June 27, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Connors served the town for more than 38 years.
9-C COMMUNICATIONS 22. Chief Gehen re Appointment of Kenneth Morano as Detective Temporary Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a leave of absence to Kenneth Morano as Police Officer effective June 16, 2009 and appoint Kenneth Morano as Detective Temporary effective June 16, 2009 at an annual salary of $70,096.59 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
23. Chief Gehen re Attendance at NYS Chief’s of Police training conference Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize Chief Gehen to attend the 2009 NYS Chief’s of Police training conference July 12 – 15, 2009 at the Saratoga Hilton Conference Center, Saratoga Springs, New York, at a cost not to exceed $1173.68.
24. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $4220 to VSP Graphics for vehicle graphics.
25. Recreation Director re Appointment of part-time seasonal employees Motion by Councilman Graber, seconded by Councilwoman Meegan, to appoint the individuals on the attached list as part-time seasonal employees effective June 1 – September 30, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
*APPENDICES* 26. Town Engineer re Bid award for Graham Avenue & Burch Avenue Reconstruction Project Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the Graham Avenue & Burch Avenue Reconstruction Project, Job No. G-0805, to Destro & Brothers Concrete Co., Inc., 411 Ludington Street, Buffalo, NY 14206, at their low contract amount of $794,880 and authorize the Supervisor to sign the contract documents.
27. Town Engineer re Professional Surveying Services proposal Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the proposal from TVGA Consultants for a “not to exceed” price of $4800 for providing professional surveying services to prepare acquisition maps required on the Ludwig Avenue Reconstruction Project.
9-C COMMUNICATIONS 28. Town Attorney re Extension of agreement with EM Risk Management Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize an extension of the town’s professional service agreement with EM Risk Management for workers’ compensation third party administration services at an annual cost of $19,500 for a term of two years.
ISSUES OF THE PUBLIC COST OF REMODELING SUPERVISOR’S OFFICE Dixie Blando, 60 Amana Place, questioned the cost of the recent remodeling of the Supervisor’s office. Councilwoman Meegan responded that she took care of the remodeling of the Supervisor’s office when Supervisor Piotrowski was ill. The carpets had not been cleaned in over 18 years, the wallpaper had mold on it, and there was asbestos throughout. Councilwoman Meegan called in the Buildings & Grounds Department and they stripped the wallpaper, painted, removed the carpeting, and installed a laminate floor. She estimated the cost to be approximately $1500. DOWNSIZING ISSUE Phyllis Petri, 25 Christopher Drive, referred to the upcoming special election on downsizing the Town Board and the animosity toward Kevin Gaughan. She had researched the Buffalo News archives and found that they referred to Mr. Gaughan as a regionalism advocate, but another report in the Buffalo News stated that although regionalism sounded like a good idea in the long run the costs were higher and people were less satisfied with the service. Mrs. Petri hoped the citizens understood that downsizing was not about saving money, it was about regionalism and uniting West Seneca with other towns and the city and thus losing representation in the process. She further commented on the $7000 cost of the special election that was brought about by a group of individuals circulating a petition and stated that this could occur over and over again and cost the town a lot of money. Mrs. Petri commented that this was an unfair way for Council Members Bove and Graber to lose their jobs and she thought there should be a special election to fairly choose the council members. Councilman Graber noted that the special election will ultimately cost about $16,000 because the cost of mailing postcards was over $8600. He noted that the law that was used to circulate petitions for the special election restricts what can be petitioned. Jeanine Sobczak, 441 Collins Avenue, questioned Councilwoman Meegan’s position on the downsizing issue. Councilwoman Meegan stated that she supported the prerogative of the people to vote on the downsizing issue, but she was opposed to downsizing the Town Board. She believes the people should decide this issue and she should not influence their vote. Frank Russo, Parkside Drive, noted that it cost $13,000 in legal fees to fight the petition that was filed last fall concerning downsizing. Councilman Graber stated that the town did not fight the petition; the town was sued by Kevin Gaughan. Town Attorney Shawn Martin advised that when the town is sued the town has an obligation to defend itself in court. They do not pick and choose which lawsuits they will defend.
ISSUES OF THE PUBLIC DOWNSIZING ISSUE (continued) Mr. Russo questioned why the town was sued. Mr. Martin advised that the referendum was not placed on the ballot because the town received notification from the Erie County Board of Elections that the proposed ballot referendum was improper, and therefore, the town was sued. Mr. Russo referred to the Memorial Day parade and was ashamed that people were handing out literature on the downsizing issue during the parade. He did not believe politics were appropriate at the Memorial Day or Veteran’s Day parade. Daniel Warren, 836 Indian Church Road, disagreed with Mr. Russo’s statement about politicking at the Memorial Day parade. Mr. Warren stated that he served in the US Army 1984-85 and was discharged due to a service related disability. He served to preserve the citizens’ right to express free speech, including political free speech. Mr. Warren stated that without political free speech, there is no free speech at all, and of any place that is where it should be allowed. He also served to protect the right to vote and was concerned that certain members of the community will be disenfranchised in the upcoming special election. Mr. Warren based this on Section 8-412 of the Election Law concerning absentee ballots. Under that section, absentee ballots that are postmarked no later than the day before and received within seven days of the election must be counted, casted and canvassed. He understood that this will not be the case in the special election and he disagreed with the process. Mr. Warren requested that the town preserve the absentee ballots received in that time period to allow a court to determine whether or not they should be counted. Supervisor Piotrowski advised that the Board of Elections notified the town that they are accepting those ballots and they will be held and counted within the seven day time period. Virginia Grandoni, 870 Orchard Park Road, questioned who brought the lawsuit against the town concerning the downsizing and the attorney that represented the individual. Mr. Martin stated the name of the person to the best of his recollection. He was not Town Attorney at the time and although he had reviewed the case, Mr. Martin did not recall the name of his counsel. Mr. Warren stated that the individual was represented by Tim LoVullo and Kevin Gaughan. Ms. Grandoni questioned if Supervisor Piotrowski had participated in any capacity in the lawsuit against the town. Supervisor Piotrowski responded that he had signed an affidavit in the lawsuit. David Monolopolus, 97 Lexington Green, referred to an article in the West Seneca Pennysaver where Supervisor Piotrowski addressed the role of governance in determining the bond rating and questioned why two of the town’s bonds got down rated last November after downsizing was proposed when there was no change in the budget. He questioned the criteria for determining a bond rating. Comptroller Robert Bielecki stated that there were several criteria including the town’s financial statements, tax base, general economy, growth or retraction of the town, the town’s credit history, etc.
ISSUES OF THE PUBLIC DOWNSIZING ISSUE (continued) Mr. Monolopolus stated that he asked this question of someone in that field and received the following information: 1) the economy; 2) the debt structure; 3) the financial condition of the borrowing entity; 4) demographic factors; and 5) management practices of the governing body and their administration. He questioned who interviewed Supervisor Piotrowski for the article or if it was simply an advertisement paid for by the Supervisor and his supporters. Supervisor Piotrowski responded that at the bottom of the article it stated that it was an advertisement. Mr. Monolopolus stated that the article states that the Albany politicians imposed a five member Town Board upon the Town of West Seneca. He questioned when the Town Board started with five people. Supervisor Piotrowski responded that it was in 1851. Mr. Monolopolus stated that would mean that the Town Board has been bloated since the town’s inception in 1851. Supervisor Piotrowski stated that the question in the article was who instituted the five member Town Board and the answer was Albany politicians. He never used the word “bloated” in the advertisement. Mr. Monolopolus questioned former Supervisor Paul Clark’s salary when he left office, if Supervisor Piotrowski’s current salary was more than that, and who on the Town Board takes full hospitalization benefits. Supervisor Piotrowski responded that his current salary was less than former Supervisor Clark’s and he receives full hospitalization benefits. Sue Rathmann, 491 Meadow Drive, questioned if it was legal to go to nursing homes and senior citizen facilities and have people vote that are not of sound mind or competent. Mr. Martin stated that voting requirements are governed by the Election Law and he would have to research this question. Town Clerk Patricia DePasquale stated that the Board of Elections goes out to the nursing homes to distribute absentee ballots, speaks to the residents, they cast their vote, and the ballots are then forwarded to her office. She did not know if any of the individuals were not of sound mind. Mrs. Rathmann did not think that people who were not of sound mind should be allowed to vote when they cannot sign a health care proxy. Mr. Martin offered to research this issue and report back to Mrs. Rathmann. Councilman Clarke understood that Kevin Gaughan had tried to meet with the residents at a senior citizens’ facility on Indian Church Road, but he misled the person in charge and they refused to allow him to meet with them. HIRING PRACTICES QUESTIONED Frank Russo, Parkside Drive, commented on the recent hiring of an engineer to replace an individual that retired in the Engineering Department and questioned if it was really necessary to fill that position. He commented on the cutbacks in the private sector and suggested that the public sector start doing the same.
ISSUES OF THE PUBLIC HIRING PRACTICES QUESTIONED (continued) Councilman Graber responded that although they would like to eliminate jobs when possible, they had talked to Town Engineer George Montz about this position and there was a need to fill it. The importance of this position was increasing with the infiltration and inflow study the town has embarked on under orders of the NYSDEC. Mr. Montz stated that the town is under a consent order with the NYSDEC for inflow and infiltration and there are a lot of responsibilities involved in that. He also referred to the number of road reconstruction projects on the agenda for this meeting and stated that they need people to man the projects as inspectors and administer the contracts. RESIDENT CRITICIZES WORK SESSION PROCEDURE Frank Russo, Parkside Drive, criticized Councilwoman Bove for using a filibuster a few weeks ago at a work session. The group that asked for the work session was deprived of speaking when other people were allowed to speak first with no time limit and they used up all the time. Mr. Russo did not consider this open government when people’s voices could not be heard. Councilwoman Bove stated that Mr. Russo did not understand what happened that evening. The Town Board was notified that the Burchfield Board was going to make a presentation. When Town Board members showed up at the work session, there was a screen and projection unit set up and she thought that was for the Burchfield Board to give their presentation, but obviously it wasn’t. All the Town Board knew was that members of the Burchfield Board were giving a presentation, and she then made the motion to allow them to do so. The Town Board was not notified of anything else going on. Mr. Russo stated that even the front page of the West Seneca Bee stated who was asking for the work session and it did not mention anything about the Burchfield Board. Some members from the Burchfield Board did not even know why they were there. Councilwoman Bove responded that there was no official notice to the Town Board of anyone but the Burchfield Board. The Town Board members received notification of the meeting and the Burchfield Board members should have also received notification. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS SPECIAL ELECTION Town Clerk Patricia DePasquale reminded everyone to vote in the special election on Wednesday, June 3, 2009 and noted that the polls would be open from 11:00 A.M. until 9:00 P.M. COUNCILMAN GRABER COMMENTS ON BOND RATING Councilman Graber commented on the amount to be saved by downsizing the Town Board and stated that it was not $88,000. The salary for two council members along with social security, pension, and in lieu of medical benefits payment, costs the town $60,800. The $88,000 figure was inclusive of full medical benefits. The actual savings was $.054 of assessed valuation. Councilman Graber referred to the bond rating and Donn Esmonde’s column in the Buffalo News on the downsizing of the Village of Lancaster. Their bond rating was not affected, but their board went from seven members to five members. Councilman Graber stated that going from five members to three members had not been tested yet, but it was an area in the financial market that the bond rating agencies did not like because it was
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS COUNCILMAN GRABER COMMENTS ON BOND RATING (continued) too much power in the hands of too few people. Only two individuals could make a decision on all bond resolutions. Four “Yes” votes were required with a five member Town Board, so even with a board that is split 3 to 2, they would have to work together to pass a bond resolution. Councilman Graber hoped for a good turnout for the special election. He noted that the person that inspired all this, Kevin Gaughan, does not live in West Seneca and what happens to West Seneca does not really matter to him. West Seneca was only a tool for Mr. Gaughan. ADJOURNMENT Motion by Councilman Graber, seconded by Supervisor Piotrowski, to adjourn the meeting at 8:20 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |