Town Board Minutes

WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 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.
 
13-A MINUTES TO BE APPROVED
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2011-12 of August 8, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the August 8, 2011 Executive Session.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the August 12, 2011 special meeting.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
·      Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the August 16, 2011 special meeting.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
13-B COMMUNICATIONS

      
1.    Town Attorney re Appointment of Mary Jean Fitzgerald as part-time law clerk/legal assistant                                                      
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Mary Jean Fitzgerald as part-time law clerk/legal assistant effective August 23, 2011 at a rate of $12 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried

 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page two . . .
 
13-B COMMUNICATIONS

 
 2.   Town Engineer re NYSDOT utility work agreement
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve an agreement between the Town of West Seneca and New York State Department of Transportation regarding utility work on state highways and authorize the Supervisor to sign the necessary forms.
 
Ayes: All               Noes: None           Motion Carried
 
   3.    Chief Gehen re Attendance of Detective Bebak at Fire Investigations seminar
        
 
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Detective Robert Bebak to attend the Fire Investigations II training seminar September 19 – 30, 2011 at the NYS Office of Fire Prevention & Control – Academy of Fire Science in Montour Falls, New York, at a total cost not to exceed $732.
 
Ayes: All               Noes: None           Motion Carried
 
   4.    Chief Gehen re Attendance of Lt. Cotter & Officer Burkley at Juvenile Officers training conference
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Lt. Richard Cotter and Police Officer Jill Burkley to attend the New York Police Juvenile Officers Association 36th annual training conference August 29 – September 2, 2011 at the Crown Plaza Hotel in White Plains, New York, at a total cost not to exceed $2964.02.
 
Ayes: All               Noes: None           Motion Carried
 
   5.    Chief Gehen re Attendance of Detective Andolina at Narcotics Information Sharing conference
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Detective Robert Andolina to attend the Magloclen 21st annual Narcotics Information Sharing Conference September 26 – 29, 2011 in Ocean City, Maryland at a total cost not to exceed $1540.
 
Ayes: All               Noes: None           Motion Carried

 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page three . . .
13-B COMMUNICATIONS

 
   6.    Chief Gehen re Title change for Officer Philip Swift to Detective Temporary
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a leave of absence to Police Officer Philip Swift effective August 24, 2011 and appoint Philip Swift as Detective Temporary effective August 24, 2011 at an annual salary of $74,726.91 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
   7.    Chief Gehen re Appointment of Christopher LaFever as part-time Warrant Clerk
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Christopher LaFever as part-time Warrant Clerk at a rate of $12 per hour effective September 4, 2011 and authorize the Supervisor to complete and sign the necessary forms for 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 Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers Andrew Oscypala, James McCullough, Bill Szewc and Greg Lake to part-time seasonal effective August 1 – 31, 2011 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 Status change for part-time clerks L Fischione & M Pomana to seasonal
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerks Laurine Fischione and Margaret Pomana to part-time seasonal effective September 1 – November 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 10.    Town Clerk re Budgetary transfer request
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $10,000 from Salary Clerk Line Item #1.1410.0137 to PT Clerical Line Item #1.1410.0139.
 
Ayes: All               Noes: None           Motion Carried

WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page four . . .
 
13-B COMMUNICATIONS

 
 11.    Comptroller re Appointment of Linda Kauderer as Deputy Town Comptroller provisional
 
 
Motion by Supervisor Piotrowski to table this item until the end of the meeting.
 
Motion lost due to lack of a second.

 
            Councilwoman Meegan suggested receiving and filing this item until after an Executive Session discussion on the matter. If anything is decided during the Executive Session they can act on it when the meeting resumes.
 
         Motion by Councilwoman Meegan, seconded by Councilman Clarke, to receive and file this item.
 
         Ayes: (2) Councilwoman Meegan, Councilman Clarke
 
Noes: (1) Supervisor Piotrowski                                                Motion Carried

 
 12.    Code Enforcement Officer re Appointment of Jeffrey Baksa as Asst. Code Enforcement Officer
 
 
Motion by Councilwoman Meegan, seconded by Councilman Clarke, to appoint Jeffrey G Baksa as Assistant Code Enforcement Officer, Group 11, Step 1, effective September 7, 2011 at an annual salary of $47,718.50 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Baksa was selected from a certified list of eligible candidates supplied by Erie County Personnel and is aware that he has six months to obtain residency in town.
 

            On the question, Supervisor Piotrowski was not in favor of burdening the residents with another full-time position, costing the town additional wages and health insurance. He stated that last year they received many resumes for a part-time position in that department and they were from individuals that had extensive experience.
 
        Councilwoman Meegan noted that according to the collective bargaining agreement they are not allowed to replace a full-time employee with two part-time employees. She stated that Code Enforcement Officer John Gullo has proven there is a great need to hire this individual and it is justified by the revenue that will be generated for years to come. Mr. Gullo has taken on many tasks, is at work at 7 A.M. daily, and is not interested in compensatory time. He has been extremely patient in waiting for additional help. Councilwoman Meegan commented that Mr. Gullo is continuously working on improving the town and making people be responsible for their property.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page five . . .
 
13-B COMMUNICATIONS
 
12.        (continued)
 
         Councilman Clarke stated that he is in the Code Enforcement Office at least once a day and has witnessed their workload. As a result of being understaffed, they are behind on fire inspections and permits and this is costing the town. 
 
         Ayes: (2) Councilwoman Meegan, Councilman Clarke
 
         Noes: (1) Supervisor Piotrowski                                       Motion Carried

 
 13.    Code Enforcement Officer re Rezoning request – 2735 Clinton Street
 
 
Councilwoman Meegan asked for Code Enforcement Officer John Gullo’s input on this request.
 
Mr. Gullo responded that he had no opinion either way. There is a person at that location that is in violation of the ordinance. They are conducting business as a C-2 zoning, so either the zoning has to be changed or the business has to be removed.

 
            Councilwoman Meegan stated that she is familiar with the property and there are several residents on Lakeside Drive with concerns. She considered this spot zoning and not in conformity with the Comprehensive Plan. It also involves a flood plain and wetlands.
 
         Mr. Gullo stated the property was owned jointly with the Majeski property so the use was permitted at that time. Since the property was sold off separately, it is not a permitted use.
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to decline referral of the rezoning request for 2735 Clinton Street to the Planning Board.
 
         Ayes: All                                 Noes: None                             Motion Carried

 
 14.    Code Enforcement Officer re Electronic message board at 250 Lein Road
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the September 26, 2011 Town Board meeting to allow Code Enforcement Officer John Gullo to prepare a policy for the town to follow with regard to specialty signs on roads other than Union Road, Seneca Street and Ridge Road.
 
Ayes: All               Noes: None           Motion Carried

 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page six . . .
 
 
13-B COMMUNICATIONS

 
 15.    Code Enforcement Officer re Electronic message board at 2028 Union Road
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve an electronic message board at Pat Leary Motor Cars, Inc., 2028 Union Road, conditioned upon each message being at least a 30-second duration.
 
On the question, Councilwoman Meegan noted that the sign will be flat against the building, not along the street.
 
Ayes: All               Noes: None           Motion Carried
 
 16.    Town Justices re Justice Court Assistance Program grant application
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution authorizing the Supervisor to submit and sign the JCAP (Justice Court Assistance Program) grant application in the amount of $28470 to be used for additional court room air conditioning, a storage cabinet for court office supplies, one executive chair for the court room, 12 managerial chairs for the court room and replacement carpet to cover the additional platform added onto the existing floor of the bench area, and authorize grant consultants Connie Miner & Co. to complete the necessary application and submit to NYS Unified Court System.
 
Ayes: All               Noes: None           Motion Carried
                                                      *APPENDICES*
 
 17.    Highway Supt. re Status change for part-time seasonal Highway Laborers to part-time Sanitation Laborers
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time seasonal Highway Laborers George Case and James Rappleye to part-time Sanitation Laborers effective August 22, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried

 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page seven . . .
 
 
13-B COMMUNICATIONS

 
 18.    Highway Supt. re Status change for part-time seasonal Highway Laborers to part-time Buildings & Grounds Laborers
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time seasonal Highway Laborers Jim Maslanka and Ryan Schrader to part-time Buildings & Grounds Laborers effective August 22, 2011 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
 19.    Highway Supt. re Appointment of part-time Buildings & Grounds laborers
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Collin Brown and William Heusinger as part-time laborers in Buildings & Grounds effective August 22, 2011 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
Ayes: All               Noes: None           Motion Carried
 
 20.    Supervisor Piotrowski re Library Construction Grant
 
 
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution authorizing the Supervisor to sign and submit the necessary documents concerning the Public Library Construction Grant Program.
 
Ayes: All               Noes: None           Motion Carried
                                                      *APPENDICES*

 
13-C REPORTS
 
·      Patricia C DePasquale, Town Clerk’s report for July 2011 received and filed.
·      John A Gullo, Code Enforcement Officer’s report for July 2011 & Plumbing Inspector’s report for July 2011 received and filed.
·      Comptroller Robert J Bielecki, Revenue/expense comparison control report posted as of August 17, 2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period August 5 – August 17, 2011 received and filed.
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page eight . . .
 
ISSUES OF THE PUBLIC
 
          STATUS OF WALMART PROJECT
 
         Linda Toy, Burch Avenue, questioned the status of the proposed Wal-Mart project at the Seneca Street city line.
 
         Code Enforcement Officer John Gullo stated that last week he sent a letter to Bergmann Associates, the attorney for Wal-Mart, and the property owner to inform them that their site plan approval will be expiring soon. Mr. Gullo also informed the property owner that if the project does not go forward, he will have to repair the building and make it safe or demolish it. They have until the end of this week to respond and if he does not hear anything, Mr. Gullo will be sending a court appearance ticket to push this along.
 
         Mrs. Toy commented on the condition of the building, noting that it contains black mold, and expressed concerned about the health hazard. She questioned if the court will make them demolish the building.
 
         Mr. Gullo stated the property owner has a choice of either fixing the building or demolishing it.
 
         OUT-OF-TITLE PAY IN COMPTROLLER’S OFFICE
 
         Karen Lucachick, Greenmeadow Drive, referred to the August 12th special Town Board meeting that was called to discuss out-of-title pay in the Comptroller’s Office. She considered it an unprofessional and disgusting display of politics and public flogging of town employees. Mrs. Lucachick thought the matter should have been discussed without personal names being used or taken into Executive Session where most personnel matters are discussed and stated that Supervisor Piotrowski should have used the gavel and brought the meeting back to order. She questioned if there were any other employees in the town that received out-of-title pay.
 
         Linda Kauderer of the Comptroller’s Office stated there are many employees every payroll that receive out-of-title pay.
 
         Mrs. Lucachick questioned if the board members were aware of that and if the out-of-title pay was approved.
 
         Councilwoman Meegan responded that she was unaware of the out-of-title situation, and if there are several employees earning out-of-title pay, she thought it was incumbent upon the Comptroller to advise the board members.
 
         Mrs. Lucachick assumed that Comptroller Robert Bielecki was acting on the advice of the Town Board since they are the people that make the rules.
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page nine . . .
 
ISSUES OF THE PUBLIC
 
          OUT-OF-TITLE PAY IN COMPTROLLER’S OFFICE   (continued)
 
         Councilman Clarke responded that Mrs. Lucachick is assuming that but it is not happening and that is what the problem is. It is supposed to be brought before the Town Board for approval, but that is not being done.
 
         Mrs. Lucachick questioned why the board members would pick on one employee and why they would let it continue on when they have been in office for four years.
 
         Councilman Clarke stated that they just found out about it. The title of Deputy Comptroller was taken out of the White Collar contract in 2006 and no one on this Town Board had voted to appoint a Deputy Comptroller.
 
         Mrs. Lucachick stated that she was aware of employees receiving out-of-title pay in other offices because she had seen it happen.
 
         Councilman Clarke responded that it is supposed to be approved by the Town Board, but the budget officer and Comptroller are not informing the board members.
 
         Mrs. Lucachick referred to the previous administration when no one knew anything that was going on and stated that Mr. Bielecki at least answers questions asked of him. She requested a list of all employees receiving out-of-title pay.
 
         Town Attorney Shawn Martin stated that he will consider Mrs. Lucachick’s oral request a FOIL request and provide her with that information.
 
         Amy Carpenter, Woodward Crescent, stated that she was also appalled by Councilman Clarke’s behavior at that meeting over something he approved and was aware of. She inquired in the past about what out-of-title means and asked how long an employee can hold an out-of-title position and was never given an answer, but she understood that after three days of performing the duties the employee receives out-of-title pay. Mrs. Carpenter questioned if anyone knew how long an employee can hold an out-of-title position.
 
         Councilwoman Meegan understood that employees serve out-of-title for two or three weeks at the most, not two or three years. For example, the Assistant Code Enforcement Officer received out of title pay when the Code Enforcement Officer was on vacation and the Principal Engineering Assistant received out-of-title pay when the Town Engineer was on vacation.  The Town Board was notified of that and the wages were approved.
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page ten . . .
 
ISSUES OF THE PUBLIC
 
         OUT-OF-TITLE PAY IN COMPTROLLER’S OFFICE   (continued)
 
         Mrs. Carpenter stated that the Deputy Comptroller’s wages were approved in the 2010 and 2011 budgets so this was nothing new. Several citizens inquired at the budget meetings about what that title was and what the pay was and none of the board members answered. Now they were questioning it and she thought it was a political move.
 
         Councilman Clarke questioned if Mrs. Carpenter saw anything in the budget that stated Deputy Comptroller.
 
         Mrs. Carpenter stated that Deputy Comptroller was not in the budget but she questioned why he did not answer when the public questioned the Mini Computer Operator position and salary at the budget meeting.
 
         Councilman Clarke responded that just because a certain amount is budgeted it does not mean the entire amount is always spent.
 
         TENT AT BURCHFIELD CENTER
 
         Karen Lucachick, Greenmeadow Drive, referred to the tent set up at the Burchfield Center and questioned if it was the original one that was there year’s ago.
 
         Supervisor Piotrowski responded that it was not the same tent and he did not know what happened to the original tent.
 
         Mrs. Lucachick thought the tent may have been taken by AmeriCorps when they moved from the Burchfield Center and commented that the Town Board waited too long to photograph and videotape the contents of that building. She questioned who paid for the new tent.
 
         Supervisor Piotrowski responded that they did not wait too long to inventory and take pictures of the contents of the Burchfield Center. The entire issue was negotiated concerning what was kept and what was turned over to AmeriCorps. Supervisor Piotrowski thought the cost of the current tent was a 50/50 split with the Burchfield Center.
 
         Mrs. Lucachick responded that the Burchfield Center does not have income coming in and she questioned how the cost could have been split with them.
 
         Supervisor Piotrowski stated that the Burchfield Center did have income.
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page eleven . . .
 
ISSUES OF THE PUBLIC
 
         COUNCILMAN CLARKE’S SALARY
 
         Karen Lucachick, Greenmeadow Drive, referred to a recent ad in the Pennysaver that stated Councilman Clarke only receives half his salary and she questioned why.
 
         Councilman Clarke responded that the other half of his salary goes back to the residents of West Seneca.
 
         Mrs. Lucachick questioned if that was the only reason he receives half salary and if there were any other legal reasons for it.
 
         Councilman Clarke thought that questions concerning his personal income were out of line.
 
         Mrs. Lucachick stated that she knew the answer and the reason Councilman Clarke only receives half his salary as councilman is because he is disabled and that is all he is able to accept. She thought it was time the residents of the town knew this.
 
Councilman Clarke stated that half of his salary stays with the town and it has been used to purchase a new tractor and five defibrillator units. Councilman Clarke further stated that he also receives no benefits from the town because he chose not to take them.
 
         ELECTRONIC SIGNS
 
         Karen Lucachick, Greenmeadow Drive, asked the board members to consider stopping the placement of electronic signs in town.
 
         STATUS OF AMENDMENTS TO TOWN CODE
 
         Karen Lucachick, Greenmeadow Drive, questioned the status of the proposed amendments to the Town Code that Town Attorney Shawn Martin was working on.
 
         Mr. Martin responded that the proposed amendments will be posted on the website tomorrow.
 
         REQUIREMENTS FOR RETENTION PONDS
 
         Amy Carpenter, Woodward Crescent, questioned if there was any type of ordinance, requirement or best practice for retention ponds. She was concerned about mosquitoes and suggested there be some type of aeration in the ponds when there is no rain or movement in them.
 
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page twelve . . .
 
ISSUES OF THE PUBLIC
 
         REQUIREMENTS FOR RETENTION PONDS   (continued)
 
Code Enforcement Officer John Gullo responded that the town receives postings from Erie County alerting them of West Nile cases and the Highway Department responds by putting chemicals in some of the pond areas when there is stagnant water. Also, there are some filtration plants in a couple of the ponds in town, but for the most part they get refreshed from the runoff.
 
         Mrs. Carpenter questioned if any of the ponds are being managed by the subdivisions rather than the town.
 
         Town Attorney Shawn Martin advised that in new subdivisions the town has declined to accept the responsibilities that go with retention ponds. They have been requiring that subdivisions create homeowner’s associations to maintain the ponds on their property rather than turn them over to the town.
 
         Mrs. Carpenter questioned if there is any guidelines for them to follow such as the use of filtration plants, a bubbler system, etc.
 
         Mr. Gullo stated that this is addressed at plan review and the Engineering Department makes recommendations.
 
         Mrs. Carpenter thought it should be in the Town Code instead of just a recommendation.
 
         Mr. Gullo stated there is nothing in the Town Code but if there is a problem the town will ensure that the homeowner’s associations treat the ponds.
 
         Town Engineer Richard Henry stated that typically the storm water regulations are guidelines only, but they do give strong recommendations for design of the storm water systems.
 
         STATUS OF CODE OF ETHICS
 
         Amy Carpenter, Woodward Crescent, referred to the April 19, 2010 Town Board meeting when she had inquired about the status of the Code of Ethics. She was informed at that meeting that there would be a discussion about having employees sign the Code of Ethics. Mrs. Carpenter understood that most employers provide their employees with the rules of the organization and the employees sign that they have received them, read them and accept them. She questioned if this has happened in the town.
 
 
 
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page thirteen . . .
 
ISSUES OF THE PUBLIC
 
         STATUS OF CODE OF ETHICS   (continued)
 
         Town Attorney Shawn Martin responded that the Code of Ethics was submitted to all department heads with instructions to return the signed forms to the Town Clerk’s office. He was not aware of how many were returned, but noted that the Code of Ethics closely mirrors the NYS Public Officer’s Law which is binding on everyone whether or not they sign it.
 
         Mrs. Carpenter questioned if every town employee was considered a public officer and if she could submit a FOIL request for the signed Code of Ethics forms.
 
         Mr. Martin advised that all town employees were public officers and her FOIL request would be accepted.
 
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 7:30 P.M. to discuss three personnel issues.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
         The board members returned from Executive Session at 8:45 P.M.
 
         COMMUNICATIONS ITEM #11
 
          Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to reestablish the position of Deputy Town Comptroller and direct the Supervisor to request Erie County Personnel to schedule an open exam for the position.
 
         Ayes: (2) Supervisor Piotrowski, Councilwoman Meegan                Noes: None
 
         Abstentions: (1) Councilman Clarke                                           Motion Carried
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a one year leave of absence for Linda Kauderer from her position as Account Clerk/Mini Computer Operator and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
         Ayes: (2) Supervisor Piotrowski, Councilwoman Meegan                Noes: None
 
         Abstentions: (1) Councilman Clarke                                           Motion Carried
WEST SENECA TOWN OFFICES                                        TOWN BOARD PROCEEDINGS
1250 Union Road                                                               Minutes #2011-13
West Seneca, NY 14224                                                    August 22, 2011
                                                                                             Page fourteen . . .
 
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
 
         COMMUNICATIONS ITEM #11   (continued)
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, pursuant to Section 65 of the Civil Service Law, to provisionally appoint Linda Kauderer as Deputy Town Comptroller pending a permanent appointment to the position from a civil service list at a salary of $65,000 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
 
         Ayes: (2) Supervisor Piotrowski, Councilwoman Meegan                Noes: None
 
         Abstentions: (1) Councilman Clarke                                           Motion Carried
 
         TOWN BOARD MEETING SCHEDULED
 
         Councilwoman Meegan announced the next Town Board meeting to be held September 12, 2011 at 7:00 P.M.
 
         STATUS OF ICE RINK GRANT
 
         Councilwoman Meegan stated that information received in the Supervisor’s Office should be passed along to the board members and she referred to a recent e-mail from Grantwriter Connie Miner concerning the ice rink grant that was not given proper attention. Councilwoman Meegan questioned the status on this grant.
 
         Supervisor Piotrowski responded that he did not have any information with him at the meeting and suggested she send him an e-mail request.
 
ADJOURNMENT
 
         Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:55 P.M.
 
         Ayes: All                                Noes: None                             Motion Carried
 
 
 
 
 
                                                                        _______________________________________
 PATRICIA C. DEPASQUALE, RMC/CMC
                                                                         TOWN CLERK