West Seneca Town Board Reorganization Meeting Minutes 01/03/2008
Supervisor Wallace C. Piotrowski called the meeting to order at 5:00 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. The meeting was dedicated to the family members of Councilwoman Meegan, Councilman Graber, Councilwoman Bove, Councilman Clarke, and his own family members. It is through their love and dedication that the Town Board members are able to perform their duties on behalf of the Town of West Seneca. 1. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the elected Town Officials be salaried as follows effective January 1, 2008:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove noted the above salaries were set by the previous Town Board in the 2008 budget. The Town Board intends to look at salaries in order to reduce the costs for taxpayers in 2008 and felt it unfair to reduce the salaries of other employees without reducing her own. Motion by Councilwoman Bove to amend the motion and fix the salaries of the Town Board members as set in the 2007 budget. Motion lost for lack of a second. On the original motion,
2. Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, that Edwin P. Hunter be appointed Town Attorney for a term set pursuant to Town Law §24 at an annual salary of $35,000.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated the Town Attorney’s position is one of the most important positions in town government. Mrs. Bove noted that she did not receive Mr. Hunter’s name until today and has had no opportunity to learn this individual’s specialty or to interview him in order to make an informed decision.
3. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Paul Notaro be appointed Deputy Town Attorney at an annual salary of $20,000.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
4. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Paul Kullman be appointed Deputy Town Attorney (Town Prosecutor) at an annual salary of $7,500.00, and Jeffrey Harrington be appointed Deputy Town Attorney (Town Prosecutor) at an annual salary of $7,500.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated she was not informed of these names until now and cannot vote in favor of the appointments based on her lack of information.
5. Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, that Robert Bielecki be appointed Town Comptroller for a term set pursuant to Town Law §20 Subd. 3(B) at an annual salary of $25,000.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated she was not informed of Mr. Bielecki’s name until today and would be abstaining from the vote.
6. Motion by Councilman Graber, seconded by Councilwoman Bove, that Patricia C. DePasquale be appointed Registrar of Vital Statistics at an annual salary of $4,062.00 effective January 1, 2008, all fees to go to the Town General Fund, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
7. Motion by Councilman Graber, seconded by Councilwoman Meegan, on the recommendation of the Town Clerk, that Jacqueline Felser be appointed Deputy Registrar of Vital Statistics at an annual salary of $1,661.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Motion by Councilman Graber, seconded by Councilwoman Meegan, on the recommendation of the Town Clerk, that Jacqueline Felser be appointed First Deputy Clerk to serve without remuneration.
9. Motion by Councilman Graber, seconded by Councilwoman Meegan, on the recommendation of the Town Clerk, that Carol Rebl be appointed Second Deputy Clerk to serve without remuneration.
10. Motion by Councilman Graber, seconded by Councilwoman Meegan, on the recommendation of the Highway Superintendent, that Edward Kowalewski be appointed Deputy Highway Superintendent at an annual salary of $8,462.00 effective January 1, 2008 and that he act in the capacity of the Highway Supt. in the event of his absence for any reason, e.g., vacation, illness, etc., and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated it was her understanding that this individual was retiring this year and she wanted to ensure that this amount was calculated according to 26 paychecks, and not in a lump sum payment, in the event of Mr. Kowalewski’s retirement prior to the end of the year. Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to amend the motion to reflect that the stipend paid to the Deputy Highway Superintendent be paid equally in 26 pay periods and terminate upon his retirement.
11. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the salary of Secretary to the Supervisor and Bookkeeper to the Supervisor be set as established by the 2008 budget.
12. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Maureen Murphy be appointed Clerk to the Town Justices at an annual salary of $37,037.60 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Motion by Councilman Graber, seconded by Councilwoman Bove, that Linda M. Stefaniak be appointed Clerk to the Town Justices at an annual salary of $39,529.69 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Donald Powers, John Bager, and Dennis Osinski be appointed to the Board of Plumbing Examiners at an annual stipend of $500.00 each effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated she would like to see a copy of the above individuals’ licenses on file in the Town Clerk’s Office.
15. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the annual salaries of the Zoning Board of Appeals and Planning Board members be set at $5420.00 for the Chairman of each Board and $3,676.00 each for the other members of each Board effective January 1, 2008, noting that each member of each board will be paid one-twelfth of the annual salary for each meeting attended, and the secretary should report any missed meetings to the Comptroller’s Office the following day, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Patricia C. DePasquale be continued as Secretary to the Planning Board and Zoning Board of Appeals at an annual salary of $4,656.00 and $3,084.00 respectively; and Jacqueline Felser as Deputy Secretary at an annual salary of $1,572.00, each effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Robin Heiss and Michael Shea be appointed Civil Officers of the Town of West Seneca effective January 1, 2008 for the purpose of service of process, etc. without remuneration from the Town.
18. Motion by Councilman Graber, seconded by Councilwoman Bove, that Gladys Ryan be appointed Deputy Receiver of Taxes at an annual salary of $895.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Motion by Councilman Graber, seconded by Councilwoman Meegan, to table this item with regard to members of the Assessment Board of Review. Councilwoman Bove questioned the reason for the tabling of this item. Supervisor Piotrowski stated the Board needs to determine the fair compensation for the members and there has not been an opportunity to speak with them yet.
20. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the following officials and employees not represented by the Collective Bargaining Agent recognized by the Town of West Seneca are hereby appointed to the following positions with salaries effective January 1, 2008, subject to review:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated she had questions on the salaries for the positions of Coordinator of Peer Counseling and Director of Youth Bureau. Because these positions are grouped together with the other departments, the vote will affect all titles and salaries. Mrs. Bove stated she would prefer to extract the Coordinator of Peer Counseling and Director of Youth Bureau positions from the group. It is unclear how the Director of Youth Bureau splits his town between the Youth Bureau and Americorps. Mrs. Bove stated she had problems in the past reaching Mr. Lazzara when he is out of state on an Americorps project and felt that if the Director of the Youth Bureau if receiving the salary indicated, he should be in town dealing with Youth Bureau matters alone. It was also her understanding that the School System also provides funding for Peer Counseling and questioned the significant amount of overtime submitted by the individuals in those positions. On the question, Councilman Clarke stated he also had questions concerning those three positions with regard to salary and benefits. On the question, Councilwoman Meegan noted that these positions are subject to review. The Town Board intends on reviewing each department and performing an audit to determine if any necessary change in salary is warranted. Motion by Councilwoman Bove, seconded by Councilman Clarke, to amend the motion so that the each individual is voted on separately for appointment to their respective positions for the salary stipulated above.
On the question, Councilman Graber noted that the Town Board has already saved over $50,000. in adjustments to the Town Attorney’s, Prosecutors’ and Comptroller’s salaries. It is the intention of the Town Board to review and evaluate every department for efficiency and manpower requirements. The Peer Counselors are receiving overtime to handle the duties of the Yes Coordinator who left. Rather than hiring someone new, Mr. Lazzara decided to use existing personnel, along with incoming grants, to arrive at a more efficient way of handling it. That does not necessary mean the Town Board is in agreement with Mr. Lazzara’s handling of the matter and all departments will be reviewed in 2008. This is not the time to bring everything to a halt.
20. (Continued) On the original Motion,
21. Motion by Councilman Graber, seconded by Supervisor Piotrowski, that Paula VanRemmen be appointed to a one (1) year term as Bingo Inspector for the Town of West Seneca at an annual salary of $4000.00 each effective January 1, 2008 through December 31, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Motion by Councilman Clarke, seconded by Councilwoman Bove, to amend the motion and appoint Albert Nigro and Paula VanRemmen to one (1) year terms as Bingo Inspectors at an annual salary of $2,000.00 each. On the question, Councilwoman Bove noted that Al Nigro has served the Town as Bingo Inspector for twenty years, along with Ken VanRemmen. It was her understanding that there has never been a complaint about his work duties and in November, Mr. Nigro took over the bingo inspector duties of Mr. VanRemmen who became ill. He performed those extra duties at his own rate of pay so that Mr. VanRemmen could continue receiving a salary, reflecting his loyalty and service to the Town and concern for Mr. VanRemmen.
On the original motion,
22. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Paul Notaro be appointed American With Disabilities Officer and Harassment Compliance Officer for the Town of West Seneca, without remuneration.
23. Motion by Councilman Graber, seconded by Councilwoman Bove, that Ferol Webb be appointed Town Historian at an annual salary of $1,886.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
24. Motion by Councilman Graber, seconded by Councilman Clarke, that Michael Kerl be appointed Natural Disaster Services Coordinator, Part-Time at an annual salary of $3,951.00 effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
25. Motion by Councilman Graber, seconded by Councilwoman Bove, that John Gullo be appointed Assistant Disaster Coordinator at a stipend of $50 per incident effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
26. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Patrick Finnegan be granted an extension of his existing leave of absence as Laborer in the Highway Department through and including January 1, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
27. Motion by Councilman Graber, seconded by Councilwoman Meegan, that town funds be deposited in the West Seneca Offices of the following banks effective January 1, 2008 at the discretion of the Town Board: M & T Trust Company - Capital Evans National Bank - Operating, Payroll, Unemployment Escrow, Trust & Agency
28. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the Town Board does hereby authorize all funds of the Construction and Improvement Account to be maintained in a consolidated bank account, but that the Town Comptroller continue to maintain a separate account in the bookkeeping system to indicate the exact balance of each Construction and Improvement Account at all times, as recommended by the state auditors.
29. Motion by Councilman Graber, seconded by Councilwoman Bove, that the Town Board of the Town of West Seneca, pursuant to §25 of Town Law and §11 (2) of the Public Officers Law, hereby approves the execution of a Public Employee’s Blanket Bond issued by the Fidelity Deposit Company covering all officers and employees including the Supervisor, Town Clerk, Comptroller, Deputy Comptroller, Superintendent of Highways, Receiver of Taxes, and two (2) Town Justices for the sum of $200,000.00 per occurrence, and be it further resolved that the undertaking shall be effective January 1, 2008, noting that a $2500.00 deductible will apply to the bond.
30. Motion by Councilman Graber, seconded by Councilman Clarke, to table the designation of an Official Newspaper of the Town of West Seneca and alternate newspapers to be used at the discretion of the Town Board. On the question, Supervisor Piotrowski stated it is the intention of the Town Board to review the cost of each individual newspaper in Erie County to see which is the most cost effective newspaper.
31. Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, that the following titles of town department heads, elected or appointed officials, and certain other full-time employees not covered by contract provisions between the town and the Blue and White Collar CSEA or the West Seneca PBA be granted extended benefits including Blue Shield or equivalent plan costs as well as all other health and welfare fund related benefits in accordance with the CSEA White Collar Contract or equivalent, with the exception of the Chief of Police and Assistant Chief of Police who are granted benefits pursuant to the contract with the West Seneca PBA. These will include the following: Supervisor, (4) Councilmen; Town Clerk, Highway Superintendent; (2) Town Justices; Receiver of Taxes; Town Attorney; (1) Deputy Town Attorney; Town Comptroller; Sole Assessor; Secretary to Supervisor; (2) Clerks to Town Justices; Secretary to Highway Superintendent; Town Engineer; Building Inspector; Director of Recreation; Director of Youth Bureau; (2) Coordinators of Peer Counseling; (1) Real Property Appraisal Technician; and (1) Coordinator of Federal and State Aid. On the question, Councilwoman Bove stated that providing Blue Cross and Blue Shield benefits to town employees is expensive and she failed to see the reasoning in providing health insurance benefits to the positions of Coordinators of Peer Counseling that are in question, or the current vacant position of Coordinator of Federal and State Aid. Mrs. Bove also had objection to providing health benefits to the Youth Bureau Director when that expense should be compensated with Federal grant funds, based on the Federal projects being worked on. Motion by Councilwoman Bove, seconded by Councilman Clarke, to amend the motion and remove the positions of Coordinators of Peer Counseling, Director of Youth Bureau, and Coordinator of Federal and State Aid from the original motion. On the question, Councilman Graber stated all these employees are full-time and are afforded the same benefits as the other full-time town employees. The question of whether the Peer Counselors are entitled to the benefits is a matter for discussion at a later date. The Town in some respects is obligated to match a portion of Mr. Lazzara’s wages under the conditions of some of the grants. On the question, Councilman Clarke asked if the Coordinators of Peer Counselors receive any portion of their salaries from the School System. Councilman Graber stated they receive a certain percentage. Councilman Clarke asked why the School System is not paying the benefits. Supervisor Piotrowski stated this is more of a question for the previous Town Board which includes two of the current members. The new Comptroller and Town Attorney staffs will be able to provide the answer to this and other questions of the Town Board members.
On the original motion,
32. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the Town of West Seneca shall continue to pay 100% of non-Traditional or an equivalent plan for eligible appointed or elected retired employees who have retired under the NYS Retirement System after January 1, 1992, noting that said payments shall not be made to employees but directly to the insurance carriers.
33. Motion by Councilman Graber, seconded by Councilwoman Bove, that pursuant to §119 (2) of the Town Law, the Town Comptroller be authorized to draw warrants to pay any claims for fixed salaries, for principal and interest on bonded or refunded debt or other loans, on the legal or stated compensation of officers or employees of the town, or accounts becoming due upon lawful contracts for periods not exceeding one (1) year.
34. Motion by Councilman Graber, seconded by Councilwoman Meegan, that all vouchers for claims upon the town shall be acceptable for audit provided they are certified to be true, correct, and initialed by the department head, board or commission.
35. Motion by Councilman Graber, seconded by Councilwoman Bove, that reasonable mileage be allowed to public officials and town employees be tied to Internal Revenue Service regulations.
36. Motion by Councilman Graber, seconded by Councilwoman Meegan, that: 1. No purchases be made over $1000.00 without prior approval of the department head; 2. No purchases be made for more than $1000.00 but less than $1700.00 without approval of the department head and Town Board liaison or Committee Chairman to the department (Town Board member); 3. Purchases for more than $1700.00, but under the bidding limits must be aggregated by purchase request and submitted to the Town Board as an agenda item on the purchases requiring Town Board approval form for approval prior to committing for the purchase. There will be no exceptions to this procedure other than as permitted by law and the Comptroller is directed to strictly enforce this ruling.
37. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the town continue its Procurement Policy as outlined in Chapter 30 of the West Seneca Town Code.
38. Motion by Councilman Graber, seconded by Councilwoman Meegan, that petty cash funds be created as follows:
39. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the Town Hall Offices be open 9:00 A.M. to 5:00 P.M. five (5) days per week, except July 1 through Labor Day when the hours shall be 9:00 A.M. to 4:30 P.M. five (5) days per week as outlined in the White Collar Labor Contract.
40. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the accounting firm of Deloitte & Touche be employed to prepare the annual audit and also any other services that may be called for by order of the Town Board.
41. Motion by Councilman Graber, seconded by Supervisor Piotrowski, to table the appointment of Budget Officer.
42. Motion by Councilman Graber, seconded by Councilwoman Meegan, that Supervisor Piotrowski be authorized to sign checks for the West Seneca Library pursuant to §259 of the Education Law.
43. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the Comptroller be authorized to temporarily invest town monies not needed for immediate expenditure, and further, the Town Board adopt and authorize the Comptroller to comply with the Investment Policy and Guidelines as originally adopted by the Town Board on 12/18/89 and amended on 8/15/94.
44. Motion by Councilman Graber, seconded by Councilman Meegan, to add the following list of banks to the Town Investment Policy, which the town plans to have bid on excess funds for 2008:
45. Motion by Councilman Graber, seconded by Councilwoman Meegan, that regular meetings of the Town Board where not otherwise specified be held on the second and fourth Mondays of each month and any emergency meeting at the call of the Chair. Special meetings shall be held at the call of the Town Clerk of the Town of West Seneca upon direction of the Chairman, or upon written request of at least two (2) members of the Town Board. Notice in writing stating the time, place, and purpose of the special meeting shall be served personally upon each member of the board at least forty-eight (48) hours
45. (Continued). prior to the date fixed for holding the meeting. Only business specified in the notice thereof may be transacted at a special meeting. In accordance with the Open Meeting Law, the public and news media shall be given reasonable notice of any special meeting and all further executive sessions shall be public except for specific purposes allowed by law.
46. Motion by Councilman Graber, seconded by Councilwoman Meegan, that no town vehicles be used for unauthorized personal use and all town vehicles including the equipment in the Highway Department be identified by decals, with the exception of the Police Department vehicles used for detective work, the Police Chief’s car, the Highway Superintendent’s car, and the Supervisor’s car and direct the Supervisor to ensure that decals are placed on all cars except those mentioned.
47. Motion by Councilman Graber, seconded by Councilwoman Bove, that in the interest of energy conservation, the operation of a log be continued for each town owned truck and vehicle as relating to mileage, destination, and task accomplished. Said log should be reviewed by the department head and forwarded monthly to the Committee Chairman responsible for that office. No town owned vehicle, except Police Department vehicles, should be left running at any location for any reason; and further, all town vehicles of various department heads, except Police and Highway, should be left at the Town Hall for general use while individuals are on vacation or any extended time off.
48. Motion by Councilman Graber, seconded by Councilwoman Meegan, that the Town Board sets the following rules relative to the use of Highway personnel and equipment for emergencies with respect to the pre-existing inter-municipal agreement: 1. The West Seneca Highway Department is authorized to provide for emergency assistance to the local school systems, fire districts and other municipalities if men or equipment are requested; 2. An emergency must exist and have been declared in the Erie County municipality requesting assistance; 3. The Highway Superintendent will promptly notify the Supervisor of such action and a written resume will immediately be given to the Town Clerk and Town Attorney outlining the details of the emergency service; 4. Town equipment will be operated by West Seneca employees in the majority of work situations. However, slow moving vehicles (roller), stationary equipment (air compressor or pumps), and light tools may be loaned to another Highway Department to be used and operated by their employees and fees will be assigned to the municipality that receives long term aid; and 5. The West Seneca Highway Superintendent is authorized to request aid from other towns in Erie County and non West Seneca men and equipment will work under the supervision of the West Seneca Highway Superintendent.
49. Motion by Graber, seconded by Councilwoman Meegan, that in the interest of providing the best services to Town residents, the Town may hire independent contractors.
50. Motion by Councilman Graber, seconded by Councilwoman Meegan, that all personnel appointments are effective January 1, 2008, and the Supervisor is authorized to execute all forms for Erie County Personnel.
51. Supervisor Piotrowski announced the following personal appointments and committees for the year 2008, noting that he would also be a member of each committee: Secretary to Supervisor To be Announced Bookkeeper to the Supervisor To be Announced Deputy Supervisor Vincent J. Graber Jr. COMMITTEES:
Liaison Members:
WORK SESSIONS AND AGENDA ITEMS Motion by Councilwoman Bove, seconded by Councilman Clarke, that the West Seneca Town Board have work sessions before each of the Town Board meetings, date and time to be announced at a later time. On the question, Councilman Bove stated that work sessions will add to the residents’ understanding of the workings of all town departments. There are three new members on the Town Board and work sessions present an opportunity to discuss matters and bring government closer to the people. On the question, Supervisor Piotrowski noted that the Town Board will be meeting twice a month contrary to what occurred in the previous year. Work sessions will take place as well. On the question, Councilman Graber also suggested that no matters be allowed brought up from the floor. This has been a common practice in the past and Town Board members had no time to read or digest items in this fashion. The agenda deadline is 10:00 on the Thursday prior to the Town Board meeting and items missing the agenda will have to wait until the following meeting. Motion of Councilman Graber, seconded by Councilwoman Meegan, to amend the previous motion to no longer allow items not on the agenda to be presented for consideration at Town Board meetings.
RULES OF PROCEDURE Motion by Councilwoman Bove, seconded by Councilman Clarke, to adopt Rules of Procedure for operation of the Town Board meetings. On the question, Councilwoman Bove stated she would like to see a set of Rules and Procedures to be followed for Town Board meetings and allow residents more interaction on items to be voted on. Mrs. Bove suggested that following the required public hearings that residents be allowed to comment on an item before the Town Board votes on it. The items of communication would then follow.
RULES OF PROCEDURE (Continued)
ADJOURNMENT Motion by Councilman Graber, seconded by Supervisor Piotrowski, that the Town Board Proceedings be adjourned at 6:00 P.M.
______________________________ PATRICIA C. WISNIEWSKI, RMC/CMC |