Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 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.
12-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-11 of July 18, 2011.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the August 4, 2011 special meeting.
Ayes: All Noes: None Motion Carried
12-B COMMUNICATIONS
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1. Town Attorney re Approval of PBA contract
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the terms of a new collective bargaining agreement negotiated with the Town of West Seneca Police Benevolent Association and authorize the Supervisor to execute a final copy of that document subject to review and approval by the town’s labor counsel.
Ayes: All Noes: None Motion Carried
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2. Town Engineer re Purchases requiring Town Board approval
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $20,148.67 to New York State Electric & Gas for street light removal on Columbia Parkway and $33,797.50 to Seasonal Nursery for restoration work on East & West Road.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page two . . .
12-B COMMUNICATIONS
2. (continued)
On the question, Councilman Clarke stated that the $33,797.50 payment to Seasonal Nursery was an unnecessary expenditure. Mistakes were made on the East & West Road project because there was no inspector on the job, so the town had to pay twice for the restoration work. The drain was removed by the contractor which caused flooding for the residents. Councilman Clarke hoped that in the future the jobs would be properly staffed so mistakes like this do not happen.
Ayes: All Noes: None Motion Carried
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3. Highway Supt. re Title change for Jason Hobot to Heavy Motor Equipment Operator
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Jason Hobot as Highway Motor Equipment Operator and appoint him as Highway Heavy Motor Equipment Operator, Group 5, Step 5, at a rate of $25.72 per hour effective July 17, 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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4. Director of Recreation, Youth & Senior Services
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time van driver John Fector to part-time seasonal effective August 9 through December 30, 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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5. Director of Recreation, Youth & Senior Services
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Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time food service worker June Edie to part-time seasonal effective August 1 through September 30, 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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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page three . . .
ISSUES OF THE PUBLIC
STATUS OF APPEAL ON HOUGHTON COLLEGE PROJECT
Arlene Vogt, Union Road, requested an update on the appeal of the Judge’s decision on the Houghton College project.
Town Attorney Shawn Martin advised that it was still pending in a Rochester court.
Mrs. Vogt stated that Mr. Bryan Young purchased the Houghton College property at 810 Union Road and it appeared in the Erie County Real Estate listing as 800 Union Road, LLC, but her home address is 800 Union Road. Numerous legal notices regarding this corporation were printed in the West Seneca Bee, Buffalo News and online and she thought that Mr. Young or his attorney should have caught the error if it was not done intentionally. Mrs. Vogt voiced her complaint to one of Mr. Young’s attorneys who assured her that he left two voice messages for Mr. Young since it was called to his attention and he did not have the courtesy to respond. She thought this illustrated Mr. Young’s character and questioned how others would feel about having their home address used as the title of a corporation they did not own.
Councilwoman Meegan did not think this was done deliberately but stated that the town could not get involved in that and Mrs. Vogt would have to work it out herself with Mr. Young.
Mr. Martin stated that registration of corporations is done through the New York State Department of State and the town had no input or control over it. He noted that he would not be happy about it either but no one at the meeting had the power or authority to help Mrs. Vogt with this situation.
Mrs. Vogt understood but stated that she had been receiving calls from relatives wanting to know why her address is in the legal notices.
STATUS OF AMERICORPS DEBT
Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt.
Comptroller Robert Bielecki responded that he received two $8000 payments (July & August) since the last Town Board meeting.
Councilwoman Meegan further noted that she expected a $250,000 payment from the state within two weeks, possibly by the next Town Board meeting.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page four . . .
ISSUES OF THE PUBLIC
STATUS OF WALMART PROJECT
Karen Lucachick, Greenmeadow Drive, questioned the status of the WalMart project.
Councilwoman Meegan advised that Assemblyman Schroeder’s office informed her that the WalMart project was not going forward.
Mrs. Lucachick commented that the site would have been a good place for Mr. Young’s development.
CLOSING OF WEST SENECA DEVELOPMENTAL CENTER
Karen Lucachick, Greenmeadow Drive, commented on the closing of the West Seneca Developmental Center and questioned what action, if any, the Town Board was taking. The property is located in West Seneca and she thought each of the board members should contact state representatives to see what can be done. Mrs. Lucachick did not believe proper zoning was in place and was concerned about how the property will be developed. She hoped the board members would become active in finding out what can be done.
Councilwoman Meegan stated they will bring this up to the state representatives. When the closing occurred a couple weeks ago, there was conversation about certain things that could go on the property. She understood the property was zoned R-65A and R-90 so it is residentially zoned. Councilwoman Meegan noted there is a lot of cleanup that needs to be done on the property.
SENECA MALL SITE
Karen Lucachick, Greenmeadow Drive, stated that Carl Paladino appeared before the Planning Board at their last meeting and pleaded with the town to take the Seneca Mall property by eminent domain because he has people that are interested in doing things there. Mrs. Lucachick thought that the town would have a strong case to use eminent domain since the property has been in its present state for 17 years.
Councilwoman Meegan stated it was possible to take the property by eminent domain but the unfortunate result of doing so is that the town will lose $2 million in revenue from property taxes and that is a lot to lose without having someone to take it over immediately.
Mrs. Lucachick suggested the board members talk to Mr. Paladino.
Councilwoman Meegan responded that they have been talking to Mr. Paladino and have had several good conversations at the Ellicott Square Building with him and also with S & R. They have not been ignoring the situation.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page five . . .
ISSUES OF THE PUBLIC
PAYMENT FOR LANDSCAPING WORK
Amy Carpenter, Woodward Crescent, referred to the payment made to Seasonal Landscaping in agenda item #2 and questioned where the landscaping was done.
Councilman Clarke responded that the landscaping was for East & West Road between Orchard Park Road and Union Road.
SAVINGS FROM SOLAR PANELS
Amy Carpenter, Woodward Crescent, questioned what savings the town had realized from the solar panels that were installed and suggested it be considered in planning for next year’s budget.
Supervisor Piotrowski stated he did not know the savings at this point but they should know what was saved at the end of the year.
STATUS OF GPS SYSTEMS
Amy Carpenter, Woodward Crescent, questioned the status of the gps systems.
Supervisor Piotrowski responded that they were still working on the specifications.
Mrs. Carpenter commented that the board members needed to do a better job with accountability. She did not believe there was any forward motion unless citizens get up at meetings and ask for an update. Mrs. Carpenter did not think this was appropriate and stated at the end of the minutes there should be follow-up items so they know what needs to be addressed and the status of items.
Councilwoman Meegan commented on the gps systems and stated that Town Attorney Shawn Martin had put together the specifications and submitted them to Supervisor Piotrowski’s office. Over a week ago Councilwoman Meegan had a conversation with the town’s grantwriter, Connie Miner, concerning the status of the police expansion grant and she was informed that the gps grant never came through and does not exist. Because of that, Councilwoman Meegan asked Mrs. Miner if the town could re-appropriate the $50,000 for a security system for the Burchfield Center since there is a lot more activity there and they have had some vandalism issues at night. Mrs. Miner advised that the money could be re-appropriated but due to the amount it would have to be put out to bid. Councilwoman Meegan and Mr. Martin will be putting together specifications next week for a security system that will be wired into the police station so the public safety dispatchers can keep an eye on the property.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page six . . .
ISSUES OF THE PUBLIC
TRAINING FOR NEWLY ELECTED BOARD MEMBERS
Amy Carpenter, Woodward Crescent, asked that the board members include as part of the next budget training for the newly elected board members.
OPPOSITION TO PEER COUNSELING PROGRAM
Johanna Guenther, Neubauer Court, referred to the Peer Counseling program and questioned if Supervisor Piotrowski ever spent a day witnessing the operation of that program.
Supervisor Piotrowski responded that he had not spent a day with the program but had spent time there over the last 15 years.
Mrs. Guenther asked Supervisor Piotrowski what they do at the Peer Counseling program.
Supervisor Piotrowski stated that he has observed the program and he supports it.
Mrs. Guenther questioned if Councilman Clarke had observed the Peer Counseling program in operation and if he thought it was a worthwhile program.
Councilman Clarke responded that he had observed the Peer Counseling program and thought it was worthwhile.
Mrs. Guenther did not think it was right to give certain children special privileges that other children do not get.
Councilman Clarke did not believe they were giving special privileges and stated that the purpose of the program was to try to keep the children heading in the right direction.
Mrs. Guenther stated that she was opposed to the Peer Counseling program. She did not believe it should be run by town government and commented that the school system should be running it alone.
RESIDENT QUESTIONS PLANNING BOARD APPOINTMENT
Johanna Guenther, Neubauer Court, referred to the previous Town Board meeting and the hiring of Joseph Ciancio as a Planning Board member. She questioned if Mr. Ciancio was also receiving a retirement from the town.
Supervisor Piotrowski advised that Mr. Ciancio was never a full-time employee of the town and was not receiving a pension from the town.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page seven . . .
ISSUES OF THE PUBLIC
RESIDENT QUESTIONS PROFESSIONALS EMPLOYED BY TOWN
Johanna Guenther, Neubauer Court, questioned if there was a master plumber, master electrician, and a master carpenter employed by the town.
Deputy Highway Supt. Al Kerner advised that there was a master plumber employed with the town along with an electrician and technician, but no master carpenter.
COMMENT ON TOWN AUDIT
Johanna Guenther, Neubauer Court, referred to the most recent audit of the town and the comment that the books are much better in the last two years. She commented that the previous administration always said the books were wonderful too, but when the state audited they said it was a mess. Mrs. Guenther suggested they look back and not praise people that did not do their job properly.
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 7:20 P.M. to discuss a litigation issue with Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
The board members returned from Executive Session at 7:25 P.M.
OUT-OF-TITLE PAY FOR DEPUTY COMPTROLLER TITLE
Councilman Clarke referred to a situation in the Comptroller’s Office with an employee receiving out-of-title pay that was not authorized by the Town Board. Labor Counsel Sean Beiter and Town Attorney Shawn Martin had advised that this practice be stopped immediately but it continues to date.
Motion by Councilman Clarke, seconded by Councilwoman Meegan, to eliminate all out-of-title pay in the Comptroller’s Office.
On the question, Comptroller Robert Bielecki stated that the out-of-title pay has to do with the title of Deputy Comptroller. The duties of Deputy Comptroller were performed by an individual for 18 years. When that individual retired the duties were split between two people in the Comptroller’s Office; however, one of the people became ill and never performed any of the duties. The duties are now being performed by Linda Kauderer, who acts as Deputy
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page eight . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
OUT-OF-TITLE PAY FOR DEPUTY COMPTROLLER TITLE (continued)
Comptroller. Mr. Bielecki stated that Mrs. Kauderer performs all the duties outlined on the list received from Erie County Personnel. An audit was requested by Erie County Personnel Director John Greenan to verify what duties Mrs. Kauderer is performing and there are labor laws that enforce if she does the duties of the position she shall be paid those wages. Mr. Bielecki commented that the board members were asking for another lawsuit if they denied paying Mrs. Kauderer the Deputy Comptroller salary. He further commented that the Comptroller’s Office has never functioned better than it is now or had a better report from the independent auditor.
Councilman Clarke stated that Mr. Bielecki is a department head and does not do the hiring for the town. He referred to minutes from a 2006 Town Board meeting when the former Deputy Comptroller retired and it was stated by former Councilman Vincent Graber that “the Comptroller’s Office will be realigned in an attempt to decrease costs and increase efficiency. The Deputy Comptroller position will be eliminated, upper level management duties will increase for Comptroller Charles Koller, and Linda Kauderer will be taking on additional responsibilities. These changes will realize a 15 percent budget savings that amounts to $31,000 per year.” Councilman Clarke stated that the savings was gone with the out-of-title salary Mrs. Kauderer was given for the last two years without Town Board approval or knowledge.
Mr. Bielecki recited a motion that followed Councilman Graber’s comments at the 2006 Town Board meeting, “to increase the salary of Charles Koller to $35,179 due to additional duties involved in his position as Town Comptroller” and stated that he currently receives a salary of only $25,000.
Councilman Clarke stated that Mr. Bielecki was aware of the salary and duties when he accepted his position as Town Comptroller.
Mr. Bielecki stated that the duties were to be shared by the Deputy Comptroller.
Councilman Clarke stated that the town does not have a Deputy Comptroller and he questioned who authorized Mrs. Kauderer to be Deputy Comptroller.
Mr. Bielecki stated that someone had to do the job, he authorized Mrs. Kauderer to do it, and he had the authority to do it because it was an out-of-title position.
Councilman Clarke disagreed and referred to a letter received from Mr. Beiter stating that, “I do not recommend continuing to do what the town is doing. It is open to a lawsuit, grievance, and/or improper charge.”
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page nine . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
OUT-OF-TITLE PAY FOR DEPUTY COMPTROLLER TITLE (continued)
Supervisor Piotrowski stated that Mr. Beiter’s advice was to find a solution to the problem.
Councilman Clarke questioned if there was a solution to the problem, if anyone with authority granted the promotion, and if it went through Civil Service.
Mr. Bielecki stated that this was out-of-title pay and a department head can allow that.
Councilman Clarke responded that it was not approved by the proper channels, which makes it illegal and it should be stopped. He further questioned where the money was appropriated in the budget.
Supervisor Piotrowski stated that the Town Board approves the budget every year and Councilman Clarke approved the salary.
Councilman Clarke responded that he approved the salary for Mini Computer Operator. When he asked Mr. Bielecki recently what the salary was for that position he was told the base salary is $50,000 according to the White Collar Contract. However, on the town’s website Mrs. Kauderer is listed as Deputy Comptroller with a salary of $70,000.
Mr. Bielecki commented that if someone does the work they should get paid for it.
Councilman Clarke responded that there is a contract to follow and the Town Board approves employees’ salaries. No other department heads give their employees raises and Mr. Bielecki is not authorized to give bonuses to town employees. Councilman Clarke requested information on the out-of-title pay that was given for three years, between $70,000 and $90,000 including benefits, retirement, etc., compared to what was agreed to as a Mini Computer Operator and further asked if there was any way for the town to recoup this money that was not authorized by the Town Board.
Supervisor Piotrowski requested Mr. Martin’s comments on this issue.
Mr. Martin stated that his response and legal advice on this issue was provided to each of the board members in a memo.
Supervisor Piotrowski questioned if Mr. Beiter had issued anything further on this matter.
Mr. Martin stated Mr. Beiter reviewed the memo and prepared his own memo on the issue and submitted it to the board members. Mr. Martin further noted that he and Mr. Beiter were essentially in agreement on this issue and if the board members chose to disclose the memos it was there prerogative.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page ten . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
OUT-OF-TITLE PAY FOR DEPUTY COMPTROLLER TITLE (continued)
Councilwoman Meegan stated that Mr. Beiter asked the Town Board to re-establish the job title for Deputy Comptroller because it is not part of the union contract. Mr. Beiter also wanted to ensure that they go to the county because it is a non-union position. It is an appointment and there has to be a test given, which could be promotional or public.
Mr. Bielecki stated that the position was originally part of the union contract.
Councilwoman Meegan agreed but noted it is not part of the union contract now. She stated that when she told Supervisor Piotrowski and Mr. Bielecki that she was not aware of the out-of-title pay for Mrs. Kauderer, they responded that it was approved in the budget. However, she thought it was deliberately put in the budget in a way that they would not know the whole salary. Now Mr. Beiter is telling them it is not proper and they must take the necessary steps to correct it. Councilwoman Meegan stated that they were willing to do that, but Mr. Beiter told them on several occasions that the out-of-title pay has to stop, the title of Deputy Comptroller has to be re-established, and they have to call for a test. She questioned if Supervisor Piotrowski had taken on the responsibility of calling for a test and noted that she cannot deal with Erie County Personnel on personnel issues. She has tried in the past on several issues but was informed that they cannot take requests from board members and can only deal with the Supervisor. Councilwoman Meegan stated that she made this clear to Supervisor Piotrowski so he knew it was his responsibility to do something and she questioned if he had taken any steps on this issue. She stated that Mr. Beiter made it very clear as Labor Counsel that the out-of-title pay should be stopped immediately and they should move forward with the items he outlined to do this properly because it could leave the town open to a lawsuit or grievance. Councilwoman Meegan stated that they had agreed to do an audit on the Comptroller’s Office to ensure that things are done properly. Mr. Beiter noted that Mrs. Kauderer’s salary is more than the Highway Supt., Deputy Highway Supt., Town Clerk, Supervisor, several police officers, and Town Attorney and it was incumbent on the board members to investigate that.
Ayes: All Noes: None Motion Carried
Councilman Clarke questioned if Supervisor Piotrowski as budget officer knew anything about this. He noted that this individual was one of the top five highest paid town employees and it was a shame that it was done without the board members’ knowledge.
Supervisor Piotrowski stated that every line is specifically set up in the budget for every employee. He suggested that Councilman Clarke read more about the budget and the employees’ salaries that are posted online and stated that Councilman Clarke knew what Mrs. Kauderer’s position was and he approved the budget each year.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-12
West Seneca, NY 14224 August 8, 2011
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
OUT-OF-TITLE PAY FOR DEPUTY COMPTROLLER TITLE (continued)
Councilman Clarke responded that Mrs. Kauderer’s salary is listed in the budget as Mini Computer Operator but on the salary schedule on the town’s website it is listed as Deputy Comptroller. He questioned where the salary was coming from.
Supervisor Piotrowski stated that Councilman Clarke approved the budget and he should have realized that the salary for Mini Computer Operator was different from the amount in the union contract.
Councilman Clarke referred to other line items such as the $44,000 appropriated for ‘Salaries of Councilmembers’ where the amount approved in the budget is not the actual amount of salary, noting that he only takes half the salary so that line item should only be approximately $32,000.
COUNCILMEMBER HARASSED OVER SIGN
Councilwoman Meegan stated that prior to the meeting she was approached by Eric Paul who informed her that she had to take a sign down from a parcel of property in town. She noted that she did not purchase the sign, it is not on her property, and she should not be harassed for something she did not purchase or own. Councilwoman Meegan stated that Mr. Paul’s action was extremely disturbing to her and she did not deserve it.
Councilman Clarke stated there was nothing wrong with the sign Mr. Paul was referring to. He overheard Mr. Paul’s threats to Councilwoman Meegan and advised him not to threaten her again.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 7:40 P.M.
Ayes: All Noes: None Motion Carried
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PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK