DW-RJB-WCP-Petition-1

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : FOURTH DEPARTMENT In the Matter of the Application pursuant to Public Officers Law § 36 by Daniel T. Warren Petitioner, for the removal of Robert J. Bielecki from the office of Comptroller of the Town of West Seneca, Erie County, New York; and Wallace C. Piotrowski from the office of Budget Officer and Supervisor of the Town of West Seneca, Erie County, New York, Respondents.

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VERIFIED PETITION Docket #_________________________

Petitioner, Daniel T. Warren, herein alleges:

1. Your petitioner is a citizen, resident, taxpayer and registered voter of the Town of West Seneca, Erie County, New York

2. The said Town of West Seneca is situated within the area embraced by the Fourth Judicial

Department.

3. Respondent Robert J. Bielecki is the duly appointed Comptroller of the Town of West Seneca and has held such office since January 2008.

4. Respondent Robert J. Bielecki duly took the required oath of office as required by Public Officers Law § 10 on or about January 4, 2008 and January 11, 2010.

5. Respondent Wallace C. Piotrowski is the duly elected Supervisor of the Town of West Seneca

and has held such office continuously since January 2008.

6. Respondent Wallace C. Piotrowski duly took the required oath of office as required by Public Officers Law § 10 on or about December 30, 2007.

7. Respondent Piotrowski is also the duly appointed Budget Officer of the Town of West Seneca

and has held such office since January 2008.

8. Patricia DePasquale is the duly elected Town Clerk for the Town of West Seneca and has held such office since January 2008.

9. Sheila Meegan is a duly elected Council member of the Town of West Seneca and has held such office since January 2008.

10. Dale Clarke is a duly elected Council member of the Town of West Seneca and has held such office since January 2008.

AS AND FOR A FIRST CAUSE OF ACTION UNDER PUBLIC OFFICERS LAW § 36 FOR THE REMOVAL OF

RESPONDENTS BIELECKI AND PIOTROWSKI FROM THEIR RESPECTIVE OFFICES FOR MALADMINISTRATION AND MISCONDUCT

11. Petitioner repeats and realleges the allegations in paragraphs 1 through 10 above as if set forth

fully hereat. 12. Respondent Bielecki’s duties, as the Comptroller for the Town of West Seneca, include

auditing claims, preparing an abstract of audited claims directing the Supervisor to make payment, accounting for financial activity, providing monthly financial reports to the Board and annually auditing Town departments.

13. In September 2010 the Office of the State Comptroller, Division of Local Government and

School Accountability issued a Report of Examination of the Town of West Seneca Misuse of Town Credit Cards and Resources. Attached hereto and marked as Exhibit “1” is a true and accurate representation of this report which was downloaded and printed by petitioner on February 9, 2011 at 7:45 p.m. from http://www.osc.state.ny.us/localgov/audits/towns/2010/westseneca.pdf .

14. The Comptroller’s staff reviewed the town records identified in the report between May 2009

and August 2010 when the Town officials including Respondents herein were given an opportunity to comment and devise a corrective action plan

15. Respondent Bielecki failed to properly audit claims and prepare abstracts, and did not properly

record all financial activity. He also did not provide monthly financial reports to the Town Board, annually audit departments as required, and failed to provide Board members the results of the Town’s external audits.

16. Respondent Bielecki did not properly record inter-fund activity associated with cash advances

made to the special grant fund from other Town funds.

17. The Town’s Youth Bureau Executive Director and employees under his supervision improperly used Town credit cards and resources. This misuse occurred over a period of time because Respondent Bielecki consistently failed to properly audit claims, safeguard credit cards and record certain financial activity

18. Respondent Bielecki’s failure to adequately fulfill his duties together with the failure of

Respondent Piotrowski to require proper proof of auditing claims and abstracts allowed the Youth Bureau Executive Director and other employees to improperly use taxpayer money.

19. Respondent Bielecki did not provide monthly reports to the Town Board as required by Town

Law.

20. Respondent Bielecki did not perform an annual audit of the records of Town officials and employees that received or disbursed moneys on behalf of the Town as required by Town Law.

21. In the March 2, 2009 Town Board minutes, a Board member questioned the Respondent

Bielecki regarding annual audits. Respondent Bielecki responded that he had not performed them.

22. Despite repeated findings as to the Comptroller’s office in the last three independent audits

Respondent Bielecki failed to take corrective actions.

23. Respondent Piotrowski’s duties, as the Supervisor for the Town of West Seneca, include paying only those claims that have been audited and approved by the Comptroller and along with other administrative staff, are generally responsible for the administration and supervision of day-to-day Town operations.

24. In his position of Supervisor for the Town of West Seneca Respondent Piotrowski also sits on

the Town Board of the Town of West Seneca and is its presiding officer.

25. Respondent Piotrowski is an attorney at law duly admitted to the practice of law before the Courts of the State of New York and has been so admitted since 1987 by the Appellate Division, Fourth Department.

26. Respondent Piotrowski’s duties, as Budget Officer for the Town of West Seneca, include

receiving from the head for each administrative unit an estimate of revenues and expenditures of such administrative unit for the ensuing year and in the event of the failure of a head of such administrative unit to submit such estimate the Budget Officer must prepare such. The budget officer is also charged with the duty to review the estimates and may confer with the head of any such unit in regard to such estimates. He may require the head of any such unit to furnish information and to answer inquiries pertinent to such review. The Budget Officer also has the duty to prepare a tentative budget which shall include his recommendations.

27. Respondent Piotrowski paid claims that were not properly audited by the Comptroller and in

the absence of abstracts directing such payments.

28. Petitioner was present at the January 14, 2008 meeting of the West Seneca Town Board where Respondent Piotrowski stated that the Comptroller’s office was being reviewed along with the Town Attorney’s Office as part of a department by department review. Attached hereto and marked as Exhibit “2” is a true and accurate representation of the minutes of this meeting which was downloaded and printed by petitioner on February 10, 2011 at 7:45 a.m. from http://www.westseneca.net/bdmin08/mi080114.html these minutes were contemporaneously recorded by the West Seneca Town Clerk and transcribed by her in the course of her duties and were subsequently approved by the West Seneca Town Board at its meeting held on January 28, 2008.

29. Despite this review of the Town Comptroller’s the deficiencies found by the Office of the State

Comptroller still existed.

30. It was not until the September 20, 2010 meeting of the West Seneca Town Board that Respondent Bielecki presented to the Town Board a monthly financial report as required by law and even at that time the report only covered from August 2010 to September 20, 2010 and

upon information and belief Respondent Bielecki has not filed any monthly financial reports for the period from January 1, 2008 through July 31, 2010.

31. Attached hereto and marked as Exhibit “3” is a true and accurate representation of the minutes of the West Seneca Town Board meeting held on August 16, 2010 which was downloaded and printed by petitioner on February 10, 2011 at 7:45 a.m. from http://www.westseneca.net/index.php?q=node/175 . Which is the only meeting of the West Seneca Town Board held in August 2010 these minutes were contemporaneously recorded by the West Seneca Town Clerk and transcribed by her in the course of her duties and were subsequently approved by the West Seneca Town Board at its meeting held on September 20, 2010.

32. The minutes of the August 16, 2010 meeting do not reflect the submission of a monthly financial report from the Comptroller. The minutes of the West Seneca Town Board meetings during the period of January 1, 2008 through August 16, 2010 similarly do not reflect the submission of the Comptroller’s monthly financial report as required by law.

33. Attached hereto and marked as Exhibit “4” is a true and accurate representation of the minutes of the September 20, 2010 meeting of the West Seneca Town Board which was downloaded and printed by petitioner on March 7, 2011 at 7:45 a.m. from http://www.westseneca.net/index.php?q=node/189 these minutes were contemporaneously recorded by the West Seneca Town Clerk and transcribed by her in the course of her duties and were subsequently approved by the West Seneca Town Board at its meeting held on October 4, 2010.

34. Due to the Respondents failure to properly carry out their respective duties as set forth above the Town of West Seneca has been deprived of funds it is due from WNY Americorps.

35. The above detailed conduct is also contrary to, and in violation of, the oath of office that Respondents Piotrowski and/or Bielecki took upon entering their respective offices.

36. The above pattern of routine disregard of the mandates of law and procedure by Respondent

Bielecki and/or Piotrowski constitutes either gross dereliction or intentional disregard of their duties and the public trust that justify their removal from office pursuant to Public Officers Law § 36 due to their misconduct, maladministration, malfeasance or malversation in office.

AS AND FOR A SECOND CAUSE OF ACTION UNDER PUBLIC OFFICERS LAW § 36 FOR THE REMOVAL

OF RESPONDENT PIOTROWSKI FROM THE OFFICE OF SUPERVISOR OF THE TOWN OF WEST SENECA FOR MISCONDUCT AND MALADMINISTRATION

37. Petitioner repeats and realleges the allegations in paragraphs 1 through 36 above as if set forth

fully hereat.

38. There are two Council members for the Town of West Seneca Dale Clarke and Sheila Meegan.

39. At a special election held on June 3, 2009, upon a petition process commenced by the residents of the Town of West Seneca, a proposition was voted upon and approved to reduce the number of Council members from four to two.

40. Respondent Piotrowski is a member of the West Seneca Town Board by virtue of his holding the office of West Seneca Town Supervisor.

41. Michael Meegan is employed by the Town of West Seneca and is also the spouse of Council

member Sheila Meegan.

42. Ralph Lorigo is the Chairman of the Erie County Conservative Party and has held such position since on or about January 9, 1996 and is an attorney at law duly admitted to the practice of law before the Courts of the State of New York and has been so admitted since 1974 by the Appellate Division, Fourth Department.

43. Joseph Lorigo is the son of Ralph Lorigo and was the unsuccessful candidate in the November

2010 election for the office of Town Justice of the Town of West Seneca and is an attorney at law duly admitted to the practice of law before the Courts of the State of New York and has been so admitted since 2008 by the Appellate Division, Fourth Department.

44. Respondent Piotrowski was previously employed by Ralph Lorigo prior to becoming Town

Justice of the Town of West Seneca in 1991.

45. Respondent Piotrowski had the Conservative Party endorsement in his successful campaign for the Office of West Seneca Town Supervisor in the November 2007 election.

46. On or about July 2010 a vacancy was created in the office of West Seneca Town Justice by the retirement of then Town Justice Richard B. Scott.

47. In selecting who to appoint to fill the office on an interim basis until a replacement could be elected Respondent Piotrowski supported the nomination of Joseph Lorigo and at one point reportedly stated “I can’t do that, I’m with Joey, the Lorigo family.” (Exhibit “3”)

48. During this very same meeting of the West Seneca Town Board Ralph Lorigo appeared before

it representing Young Development in its request for a special permit. On the question of whether to open the public hearing on this issue Council member Clarke requested that Respondent Piotrowski recuse himself because “He thought it was a conflict of interest since Mr. Lorigo is his former employer, the Conservative Party chairman and a large donator to Supervisor Piotrowski’s campaign. Councilman Clarke did not believe Supervisor Piotrowski could make an unbiased decision.” Respondent did not recuse himself from voting on that matter. (Exhibit “3”)

49. On February 7, 2011 the West Seneca Town Board took addressed the issue of Whether

Michael Meegan should be promoted to the Civil Service position of Working Crew Chief.

50. Since Council member Sheila Meegan was personally interested in the issue by virtue of her marriage to Michael Meegan and she appropriately abstained from voting on the question as required by General Municipal Law Article 18 and West Seneca Town Code § 13-3(B).

51. Therefore Michael Meegan’s promotion required the affirmative motion, second and vote of

both Council member Clarke and Respondent Piotrowski in order to pass.

52. At the West Seneca Town Board Meeting held on February 7, 2011, Council member Clarke stated that Respondent Piotrowski offered to vote for Michael Meegan’s promotion in

exchange for the appointment of Joseph Lorigo to Town Prosecutor. Attached hereto and marked as Exhibit “5” is a true and accurate representation of the minutes of the West Seneca Town Board meeting held on February 7, 2011 which was obtained by e-mail pursuant to the Freedon of Information Law on February 23, 2011 Patricia DePasquale, West Seneca Town Clerk, these minutes were contemporaneously recorded by the West Seneca Town Clerk and transcribed by her in the course of her duties together with petitioner’s e-mail request therefore along with her e-mail transmittal and printed by petitioner.

53. According to the minutes of the West Seneca Town Board meeting of February 7, 2011 the

motion to promote Mike Meegan failed twice due to a lack of a second.

54. Respondent Piotrowski stated that "These kinds of deals are made every day, in every town, every year," Piotrowski said. "The deals are always made ... Is it right that it's made? Yeah, I don't see any [problem]. It's not illegal. I want something, and I'm asking for it." according to an article that appeared in The Buffalo News entitled “West Seneca supervisor, board member spar over appointment, promotion” by Charlie Specht published on February 8, 2011. Attached hereto and marked as Exhibit “6” is a true and accurate representation of this article which was downloaded and printed by petitioner on February 10, 2011 at 7:45 a.m. from http://www.buffalonews.com/city/communities/west-seneca/article335995.ece .

55. In essence Respondent Piotrowski offered to appoint Council member Meegan’s husband,

Michael Meegan, to the position of Working Crew Chief and confer upon her through her husband a benefit in exchange for her vote to appoint Joseph Lorigo to the position of West Seneca Town Prosecutor.

56. At the West Seneca Town Board meeting held on March 7, 2011, the issue of Michael Meegan’s promotion again came up and was defeated. Another town employee Chris Hicks was promoted to the position of Working Crew Chief according to an article that appeared in The Buffalo News entitled “Two board members, residents question West Seneca supervisor” by Charlie Specht published on March 8, 2011. Attached hereto and marked as Exhibit “7” is a true and accurate representation of this article which was downloaded and printed by petitioner on March 8, 2011 at 7:45 a.m. from http://www.buffalonews.com/city/article361257.ece .

57. The above conduct also appear to violate Civil Service Law § 107 and Labor Law § 201-d in that Michael Meegan was denied a promotion based on political considerations injected into this process by Respondent Piotrowski.

58. Upon information and belief Respondent Piotrowski will be seeking re-election to the office of Supervisor for the Town of West Seneca in the November 2011 town elections.

59. Upon information and belief Sheila Meegan will be seeking the office of Supervisor for the Town of West Seneca in the November 2011 town elections and Michael Meegan has and will continue to support her in seeking this office. (Exhibit “7”)

60. Upon information and belief Respondent Piotrowski will be seeking the endorsement and support of the Conservative Party in this re-election bid.

61. Upon information and belief securing an appointment for Joseph Lorigo to a town office will aid in inducing Ralph Lorigo as Chairman of the Conservative Party to get Respondent Piotrowski the endorsement and support of the Conservative Party.

62. This conduct violates the public trust and policy of this state as proscribed in numerous statutes

which include, but is not limited to, Penal Law §§ 200.00 & 200.45.

63. Since Respondent Piotrowski is also an attorney he is subject to the Disciplinary Rules for Attorneys and based on the above has violated numerous provisions thereof which include but is not limited to: 22 NYCRR § 1200.3 [a] [3]--engaging in illegal conduct that adversely reflects on his honesty, trustworthiness or fitness as a lawyer; 22 NYCRR § 1200.3 [a] [4]--engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; 22 NYCRR § 1200.3 [a] [7]--engaging in conduct that reflects adversely on his fitness as a lawyer.

64. This Conduct also violate the Ethics Code of the Town of West Seneca (West Seneca Town Code § 13-3(A))

65. The above detailed conduct is also contrary to, and in violation of, the oath of office that Respondent Piotrowski took upon entering the office of Supervisor of the Town of West Seneca.

66. The above pattern of routine disregard of the mandates of law and procedure by Respondent Piotrowski constitutes either gross dereliction or intentional disregard of his duties and public trust and misconduct that justify his removal from office pursuant to Public Officers Law § 36 due to his misconduct, maladministration, malfeasance or malversation in office.

WHEREFORE, your petitioner prays that Robert J. Bielecki be removed from the office of Comptroller of the Town of West Seneca, Erie County, New York; and/or Wallace C. Piotrowski be removed from the office of Budget Officer and Supervisor of the Town of West Seneca, Erie County, New York. DATED: March 11, 2011

Buffalo, New York

Yours, etc.

____________________________ Daniel T. Warren Petitioner, Pro Se

State of New York ) County of Erie ) ss: City of Buffalo )

I, Daniel T. Warren, am the Petitioner in the within proceeding. I have read the foregoing peti-tion and know the contents thereof. The contents are true to my own knowledge except as to matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. ________________________________ Daniel T. Warren Sworn to before me this __ day of March, 2011 __________________________ Notary Public

EXHIBIT “1”

DIVISION OF LOCAL GOVERNMENT & SCHOOL ACCOUNTABILITY

O F F I C E O F T H E N E W Y O R K S T A T E C O M P T R O L L E R

Report of ExaminationPeriod Covered:

January 1, 2006 — January 21, 2010

2010M-22

Town of West SenecaMisuse of Town Credit Cards and

Resources

Thomas P. DiNapoli

11DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY

Page

AUTHORITY LETTER 2

EXECUTIVE SUMMARY 3

INTRODUCTION 5 Background 5 Objective 7 Scope and Methodology 7 Comments of Local Offi cials and Corrective Action 7

MISUSE OF TOWN CREDIT CARDS AND RESOURCES 8 Failure to Establish Policies 8 Town Comptroller Duties 8 Town Board Oversight 13 Misuse of Town Credit Cards 14 Recommendations 18

APPENDIX A Response From Local Offi cials 20APPENDIX B OSC Comments on the Town’s Response 31APPENDIX C Audit Methodology and Standards 32APPENDIX D How to Obtain Additional Copies of the Report 33APPENDIX E Local Regional Offi ce Listing 34

Table of Contents

2 OFFICE OF THE NEW YORK STATE COMPTROLLER2

State of New YorkOffi ce of the State Comptroller

Division of Local Governmentand School Accountability

September 2010

Dear Local Offi cials:

A top priority of the Offi ce of the State Comptroller is to help local government offi cials manage government resources effi ciently and effectively and, by so doing, provide accountability for tax dollars spent to support government operations. The Comptroller oversees the fi scal affairs of local governments statewide, as well as compliance with relevant statutes and observance of good business practices. This fi scal oversight is accomplished, in part, through our audits, which identify opportunities for improving operations and Board governance. Audits also can identify strategies to reduce costs and to strengthen controls intended to safeguard local government assets.

Following is a report of our audit of the Town of West Seneca entitled Misuse of Town Credit Cards and Resources. This audit was conducted pursuant to Article V, Section 1 of the State Constitution and the State Comptroller’s authority as set forth in Article 3 of the General Municipal Law.

This audit’s results and recommendations are resources for local government offi cials to use in effectively managing operations and in meeting the expectations of their constituents. If you have questions about this report, please feel free to contact the local regional offi ce for your county, as listed at the end of this report.

Respectfully submitted,

Offi ce of the State ComptrollerDivision of Local Governmentand School Accountability


Offi ce of the State ComptrollerState of New York

EXECUTIVE SUMMARY

The Town of West Seneca is located in Erie County, and has a population of approximately 45,000 residents. The Town provides various governmental services to its residents. For the fi scal year ending December 31, 2008, the Town’s general fund expenditures totaled approximately $23 million and the special grant fund expenditures totaled $2.2 million.

Since at least 1991 the Town has entered into various grant agreements with Federal and State agencies. The Town’s Youth Bureau Executive Director was affi liated with a not-for-profi t corporation named Western New York AmeriCorps (WNY AmeriCorps). This entity’s purpose is to solicit and maintain funds for charitable endeavors.

Scope and Objective

The objective of our audit was to evaluate the Town’s internal controls over certain fi nancial activity for the period January 1, 2006 to January 21, 2010. Our audit addressed the following related questions:

• Does the Town Comptroller properly account for fi nancial activity and audit payments?

• Does the Town Board ensure that internal controls over credit card usage are appropriately designed and operating effectively?

Audit Results

Town offi cials did not take the proper steps to control WNY AmeriCorps’ activities and as a result the Town has suffered fi nancial losses. The Town has already lost over $400,000 and could potentially lose another $2.4 million because of poor oversight by the Board and the improper activities of the Executive Director and the functions that he managed within the Town’s Youth Bureau and the WNY AmeriCorps program.

The Town Board failed to establish policies for how the Town would handle WNY AmeriCorps fi nancial transactions and policies for governing WNY AmeriCorps activities when performed by Town employees. The Board also did not properly monitor the activities of the Town Comptroller. In the absence of such guidance and oversight, the Town Comptroller has inappropriately handled WNY AmeriCorps’ transactions.


The Comptroller did not perform certain fundamental duties of his offi ce. The Comptroller failed to properly audit claims and prepare abstracts, and did not properly record all fi nancial activity. He also did not provide monthly fi nancial reports to the Board, annually audit departments as required, and failed to provide Board members the results of the Town’s external audits.

The Comptroller did not properly record inter-fund activity associated with cash advances made to the special grant fund from other Town funds. As a result, the Town’s 2008 audited fi nancial statements report a liability referred to as a cash overdraft totaling $2.4 million in the special grant fund. If future grant receipts do not materialize, moneys will not be available to liquidate some or all of the $2.4 million liability in the special grant fund. If and when that occurs, it is not clear how the Town will allocate this shortfall among the operating funds that presently report inappropriately infl ated cash positions. Moreover, the operating fund(s) selected by the Town to bear the cost of this shortfall will also sustain a corresponding decrease in fund balance to refl ect this loss.

The Town’s Youth Bureau Executive Director and employees under his supervision improperly used Town credit cards and resources. This misuse occurred over a period of time because the Town Comptroller consistently failed to properly audit claims, safeguard credit cards and record certain fi nancial activity and the Town Board did not establish appropriate controls over credit card usage and did not provide appropriate oversight of the Town Comptroller. We have referred this matter to law enforcement for investigation.

The Youth Bureau charged over 8,000 transactions totaling approximately $1 million during the period we reviewed. We analyzed 200 transactions totaling $142,188 on credit cards that were under the supervision of the Executive Director and found exceptions with 194 of them. These exceptions included improper and unsupported cash advances, purchases of gift cards and alcoholic beverages, and payments that personally benefi ted the Executive Director. We also reviewed 20 claims, totaling approximately $94,000, and found insuffi cient information to demonstrate they represented proper, Town charges.

The Board’s and the Comptroller’s failure to adequately fulfi ll their duties allowed the Youth Bureau Executive Director and other employees to improperly use taxpayer money.

Comments of Local Offi cials

The results of our audit and recommendations have been discussed with Town offi cials and their comments, which appear in Appendix A, have been considered in preparing this report. As specifi ed in Appendix A, Town offi cials generally disagreed with certain aspects of our fi ndings and recommendations in our report. Appendix B includes our comments on issues raised in the Town’s response letter.


Background

Introduction

The Town of West Seneca is located in Erie County and has a population of approximately 45,000 residents. The Town provides various governmental services to its residents and also administers certain grant programs. For the fi scal year ending December 31, 2008, the Town’s general fund expenditures totaled approximately $23 million and the special grant fund expenditures totaled $2.2 million.

Since at least 1991 the Town entered into various grant agreements with Federal and State agencies. The Town’s Youth Bureau Executive Director (Executive Director),1 and those under his supervision, generally fulfi lled the grantee responsibilities of the Town. This included raising local matching share through grant related program income,2 donations and other grants, as well as administering the grant programs. They submitted claim forms to the respective Federal and State agencies for reimbursement of grant eligible expenditures.

The Executive Director was affi liated with a not-for-profi t corporation3 named Western New York AmeriCorps (WNY AmeriCorps). This entity’s purpose is to solicit and maintain funds for charitable endeavors. The majority of Town employees working in the Youth Bureau were also affi liated with WNY AmeriCorps as members. From 1991 until August of 2008, the Town’s Youth Bureau and WNY AmeriCorps were essentially one and the same, functioning as a department of the Town.

The history of AmeriCorps can be found in earlier service organizations and initiatives, dating back to President Roosevelt’s Civilian Conservation Corps, President Kennedy’s creation of the Peace Corps, and President Johnson’s Volunteers In Service To America Act (VISTA). In 1990 President Bush signed the National Service Act into law, authorizing grants to schools to support service-learning, and demonstration grants for national service programs to youth corps, nonprofi ts, and colleges and universities. In 1993, President Clinton signed the National and Community Service Trust Act formally creating the AmeriCorps organization, and establishing expanded grant awarding opportunities for, among others, nonprofi ts. In 2002, President Bush expanded the AmeriCorps program by 50 percent. One of the expansions resulted from a series of Federal grants from

1 The Town’s Youth Bureau Executive Director was hired in 1991.2 Program income is restricted revenue received for services performed. Other grants are also considered restricted revenue to comply with specifi c program requirements. Donations are considered unrestricted revenue. 3 Formed under Section 402 of Not-For-Profi t Corporation Law


Homeland Security to provide funding towards projects engaging citizens in public health, safety, disaster relief and preparedness.

In August 2003, shortly after this expansion of grant and service availability, the Board minutes include a statement of support for the WNY AmeriCorps program and a request for adequate funding for the current and future fi scal years of its operations.

The scope of WNY AmeriCorps’ operations expanded over time to include areas outside of the Town and even outside the state, as far away as Mississippi. While WNY AmeriCorps expanded its reach, it continued operating as if it was a Town department. In 2008, WNY AmeriCorps began to employ paid members. Prior to that, WNY AmeriCorps did not have paid employees nor did it maintain its own business processes. In effect, the fi nancial operations of WNY AmeriCorps were all run through the Town.

In June 2008, the Town and WNY AmeriCorps entered into a grant administration agreement, whereby, effective August 2008, the Town formally assigned its grantee responsibilities to WNY AmeriCorps4 to establish its own business functions (payroll processing, bill paying, etc.). In addition, certain Youth Bureau employees became employees of WNY AmeriCorps. The Town provides a pre-determined monthly cash advance to WNY AmeriCorps to sustain its grantee operations through December 2010. The monthly cash advance amount ranges between $288,548 in September 2008 to a projected amount of $91,980 in December 2010.

The Town’s certifi ed public accountant issued the 2008 audited fi nancial statements on November 25, 2009. In these statements, the Town’s special grant fund reports a liability classifi ed as a cash overdraft totaling $2.4 million. This overdraft, which essentially represents a cash advance from other Town operating funds, is offset by $1.6 million due from other governments (Federal/State agencies) and an $804,467 receivable from WNY AmeriCorps.5 This is exclusive of the more than $400,000 the Town already ‘wrote off’ as uncollectible and is discussed in more detail later in this report. In addition, this receivable will continue to fl uctuate as cash advances are made and grant claims are submitted for reimbursement.

Due to an inadequate control environment, the Town may not receive this entire amount. The Town Board provided the Executive

4 The scope of our audit did not include making a determination as to whether the Town had the authority to engage in these previous activities and whether the Town could assign grantee responsibilities. 5 There is no formal agreement in place requiring WNY AmeriCorps to pay this amount.


Director, and those under his supervision, with signifi cant autonomy and did not adequately monitor the evolution of WNY AmeriCorps and its relationship with the Town. Also, the Board did not ensure that adequate controls were in place to properly monitor the related fi nancial activity and properly safeguard Town resources. Furthermore, the Town Comptroller’s failure to adequately fulfi ll his duties combined with the convoluted relationship between the Town and WNY AmeriCorps provided Town employees affi liated with WNY AmeriCorps with the opportunity to misuse Town resources.

Offi cials from a Federal Inspector General’s Offi ce are currently auditing WNY AmeriCorps and its use of grant moneys.

The objective of our audit was to evaluate the Town’s internal controls over certain fi nancial activity. Our audit addressed the following related questions:

• Does the Town Comptroller properly account for fi nancial activity and audit payments?

• Does the Town Board ensure that internal controls over credit card usage are appropriately designed and operating effectively?

We examined the Town’s internal controls over certain fi nancial activity for the period January 1, 2006 to January 21, 2010.

We conducted our audit in accordance with generally accepted government auditing standards (GAGAS). More information on such standards and the methodology used in performing this audit are included in Appendix C of this report.

The results of our audit and recommendations have been discussed with Town offi cials and their comments, which appear in Appendix A, have been considered in preparing this report. As specifi ed in Appendix A, Town offi cials generally disagreed with certain aspects of our fi ndings and recommendations in our report. Appendix B includes our comments on issues raised in the Town’s response letter.

The Board has the responsibility to initiate corrective action. A written corrective action plan (CAP) that addresses the fi ndings and recommendations in this report should be prepared and forwarded to our offi ce within 90 days, pursuant to Section 35 of the General Municipal Law. For more information on preparing and fi ling your CAP, please refer to our brochure, Responding to an OSC Audit Report, which you received with the draft audit report. We encourage the Board to make this plan available for public review in the Town Clerk’s offi ce.

Comments ofLocal Offi cials andCorrective Action

Scope and

Methodology

Objective


Misuse of Town Credit Cards and Resources

The Town’s operation of a not-for-profi t organization is unusual, particularly when the activities of the not-for-profi t reach outside the Town’s lawful purposes. Such a situation would require clear operating policies and strict Board oversight to ensure that the Town’s legitimate interests were protected at all times. However, we found that Town offi cials did not take the proper steps to control WNY AmeriCorps’ activities and as a result the Town has suffered fi nancial losses. The Town has already lost over $400,000 and could potentially lose another $2.4 million because of poor oversight by the Board and the improper activities of the Executive Director and the functions that he managed within the Town’s Youth Bureau and the WNY AmeriCorps program.

The Town Board (Board) failed to establish policies for how the Town would handle WNY AmeriCorps fi nancial transactions and policies for governing WNY AmeriCorps activities when performed by Town employees. The Board also did not properly monitor the activities of the Town Comptroller. In the absence of such guidance and oversight, the Town Comptroller has inappropriately handled WNY AmeriCorps’ transactions. In addition, Town employees have operated WNY AmeriCorps in a manner that did not benefi t the Town and may not have contributed to the mission of AmeriCorps.

The Town established the offi ce of Town Comptroller6 (Comptroller) to assume certain accounting and fi nancial duties of the Board, Town Supervisor (Supervisor) and Town Clerk. The Comptroller’s duties include auditing claims, preparing an abstract of audited claims directing the Supervisor to make payment, accounting for fi nancial activity, providing monthly fi nancial reports to the Board and annually auditing Town departments. We found that the Comptroller did not perform certain fundamental duties of his offi ce. The Comptroller failed to properly audit claims submitted by the Executive Director, or those he supervised. The Comptroller also failed to prepare abstracts, and did not properly record all WNY AmeriCorps fi nancial activity. He also did not provide monthly fi nancial reports to the Board, annually audit departments as required, and failed to provide Board members the results of the Town’s external audits.

Audit of Claims – The claims auditing process is an integral part of the Town’s internal controls because it includes procedures designed to ensure that the Town pays only legal and proper vendor claims.

Failure to Establish Policies

Town Comptroller Duties

6 The Board established the offi ce of Town Comptroller in 1988 and appoints a Comptroller on a bi-annual basis.


The Comptroller must audit all claims, reviewing them for proper approvals, verifying the accuracy and legitimacy of the claimed amount, ensuring that all necessary documentation (e.g., signed receiving slips and invoices) is attached to the claim, and confi rming that suffi cient appropriations are available prior to payment. After the Comptroller completes his audit of claims, he must prepare an abstract and submit it to the Supervisor directing payment of only the claims that are listed as having been audited and approved.

The Comptroller did not perform a proper audit of claims submitted by the Executive Director, or those he supervised, for WNY AmeriCorps or Youth Bureau activity. Such claims generally lacked any supporting documentation, such as invoices or receipts to identify the nature of the charges. The Comptroller stated that the fi nancial activity and account coding is based on the Executive Director’s judgment. He also stated that he did not require any Town departments to submit documentation supporting credit card claims. Instead he relies, without any verifi cation, on the respective department heads to retain this documentation for review, even though it is the responsibility of the Comptroller to audit and approve these claims. We found no evidence that any review of supporting documentation had been performed by the Comptroller.

The Comptroller also did not prepare an abstract of audited claims for the Town Supervisor; therefore, proper authorization was not obtained prior to printing and disbursing the checks for payment. Although the Comptroller initials the claims indicating his audit, he stated that, in some cases, checks are printed and signed prior to his audit, which could result in a circumvention of the audit of claims requirement.

Accounting – Properly accounting for all of the Town’s fi nancial activity is one of the Comptroller’s primary responsibilities. The Comptroller must maintain complete, accurate and timely records to properly account for all of the Town’s fi nancial activities. There are specifi c funds that a Town must use to properly account for fi nancial activity. For example:

• The general fund is the principal operational fund of the Town and includes all receipts, disbursements and other transactions not required to be recorded in other funds. General fund operations are largely supported by the levy of real property taxes.


• A special grant fund7 is used to account for State and Federal grant activity including expenditures, reimbursements, local matching share, program income and donations. These moneys are typically restricted for the specifi c purpose of the grant and, therefore, cannot be used for other purposes. For grant programs where State and Federal revenue is paid on a reimbursement basis, other town funds, such as the general fund, advance cash to the special grant fund. This inter-fund activity is recorded as an asset in the general fund (due from special grant fund) and a liability in the special grant fund (due to general fund) until the reimbursement is received.

• The trust and agency fund is used to account for assets held by the Town as an agent for individuals, private organizations or other governments. Agency funds are custodial in nature. Transactions such as payroll withholdings are accounted for in the agency fund because they are withheld, pending transmittal at a later date.

Financial activity for the Town’s Youth Bureau, WNY AmeriCorps and grant programs was improperly accounted for in the general, special grant and trust and agency funds. During our audit period, the Comptroller recorded related expenditures of $862,9008 in the general fund and $7.6 million9 in the special grant fund. In addition he recorded disbursements related to these programs totaling $2.8 million10 in the trust and agency fund. The Town’s external auditor subsequently analyzed and reclassifi ed cash receipt and disbursement activity recorded in the trust and agency fund as revenues and expenditures in other Town funds. However, the Comptroller did not adjust the Town’s accounting records to refl ect these signifi cant reclassifi cations. Therefore, the Town’s accounting records are inaccurate and do not agree with the audited fi nancial statements. Moreover, the Board cannot rely on the Comptroller’s accounting records to make informed fi nancial decisions.

The Executive Director and employees under his supervision deposited restricted (e.g., matching funds and grants) and unrestricted moneys (e.g., donations) into the Town’s trust and agency fund bank account. However, the Comptroller did not determine the source of these moneys to properly account for this activity as it occurred.

7 The accounting basis is the same as the general fund, including the use of budgetary accounts. However the original authorization does not lapse since it is based on an application approved by local offi cials and the Federal government.8 Actual expenditures reported on the Town’s Annual Financial Report for the Youth Bureau from 2006 through 2008 totaled $772,102, 2009 expenditures totaling $90,799 are through September 4, 2009.9 Data as of December 31, 200810 Data as of August 14, 2009


Rather, after the deposits were made, the Executive Director or other employees under his supervision provided a deposit slip to the Comptroller and indicated what fund (e.g., special grant fund or trust and agency fund) to record the activity in. During our audit period approximately $2.5 million was recorded as ‘cash receipts’ in the trust and agency fund for this activity. This was composed of program income, donations, proceeds from fundraising, other grants and a transfer of $283,796 from the general fund. The transfer11 in effect is the amount borne by Town taxpayers to address salary and other cost allocation errors that presumably occurred in previous years between the Town Youth Bureau and WNY AmeriCorps. Because these transactions were recorded in the trust and agency fund, no revenues or expenditures were recognized to properly account for grant activity at the time these transactions occurred.

The Comptroller also improperly approved claims, generally without any supporting documentation, which were disbursed from the trust and agency fund. These disbursements totaled $1.1 million for the period January 1, 2006 through August 14, 2009. The Executive Director and certain other employees under his supervision stated that they decided where disbursements should be charged by the Comptroller in the Town’s accounting records. If they believed the disbursement was grant related and would be allowed,12 they would have the Comptroller account for it in the special grant fund. If they believed the disbursement was related to Town operations, they would have the Comptroller charge it to Youth Bureau appropriations in the general fund. If neither of these conditions could be met, they had the Comptroller account for the disbursement in the trust and agency fund. As such, the Comptroller allowed employees to dictate the use of this money and how it should be recorded.

The Comptroller did not properly record inter-fund activity associated with transfers made to the special grant fund from other Town funds. The accounting records only refl ected the cash amounts used by the special grant fund. There was no recognition of the amount due from the special grant fund to the funds that loaned the cash (e.g., general, highway and special district funds). The Town’s 2008 audited fi nancial statements13 reported a liability referred to as a cash overdraft totaling $2.4 million in the special grant fund. This approach does not appropriately refl ect the fi nancial position of the other Town operating funds, which effectively have less cash

11 The Town Board approved this transfer in October 2008. However, the Town accounting records and the audited fi nancial statements refl ected this transaction as having occurred in 2007.12 Federal grant awards are subject to Federal audit. If the Federal auditors identify disallowances (expenditures that are not chargeable to the grant) the Grantee (in this case the Town) will not be reimbursed.13 Completed November 25, 2009


available to discharge liabilities than is refl ected on their respective balance sheets. The cash overdraft liability in the special grant fund is, in essence, expected to be liquidated by the receipt of grant moneys in the future, as reimbursement claims are submitted and paid. However, in the event that any of these future grant receipts do not materialize, moneys will not be available to liquidate some or all of the $2.4 million liability in the special grant fund. If and when that occurs, it is not clear how the Town will allocate this shortfall among the operating funds that presently report inappropriately infl ated cash positions. Moreover, when that occurs, the operating fund(s) selected by the Town to bear the cost of this shortfall will also report a corresponding decrease in fund balance to refl ect this loss.

The Town’s external auditor also analyzes the various grant programs and, with assistance from WNY AmeriCorps members, establishes the amount expected to be received in reimbursements from the Federal and State agencies funding the grant programs. This analysis by the external auditor cannot be performed until he reclassifi es all of the cash activity from the trust and agency fund as revenues and expenditures. At that point, he establishes which expenditures are eligible for reimbursement.

The reported receivable on December 31, 2008 included two components: 1) a receivable from WNY AmeriCorps of $804,467 and 2) a State and Federal receivable of $1.6 million. The $804,467 receivable from WNY AmeriCorps represents the disbursement of Town funds for activities that will not be reimbursed by the State or Federal government and are unbudgeted expenditures of Town funds. The $1.6 million receivable consists of 12 grant programs across various grant periods. The requests for reimbursement from State and Federal agencies are typically reviewed by the agencies and an initial determination is made whether the claimed expenditures are eligible. In addition, State and Federal auditors may subsequently audit the fi nancial activity and determine whether the amounts claimed were appropriate. As such, the amount reported as receivable at December 31, 2008, in addition to any reimbursements already received, are subject to audit and could be adjusted down as a result. Again, the Town’s advances are ultimately at risk for any such negative adjustments.

The Town and WNY AmeriCorps have made attempts to address the cash overdraft liability and the receivable from WNY AmeriCorps. In September 2009, the Town and WNY AmeriCorps amended their grant administration agreement and formalized a plan to address their respective roles and responsibilities with respect to grant activities. The amended agreement is subject to approval by the New York State Comptroller’s Offi ce and the New York State Attorney General. As


of January 21, 2010, this amended agreement has not been approved by the State. Regardless, the Town, pursuant to the terms of this agreement, already transferred $445,228 from the general fund to the special grant fund to reduce the cash overdraft liability to its present $2.4 million amount. The Town’s general fund paid for certain expenditures previously accounted for in the special grant fund that were likely ineligible for reimbursement from grant programs. This $445,228 cost to the Town’s taxpayers is in addition to the $804,467 amount referred to above that refl ects additional ineligible disbursements made.

The Supervisor and the four14 Council members of the Town Board are responsible for overseeing the operations and fi nances of the Town. The Supervisor, along with other administrative staff, is generally responsible for the administration and supervision of day-to-day Town operations. The Board is responsible for monitoring the Town’s fi nancial activity and providing proper oversight of the Comptroller. The Board can fulfi ll this obligation by ensuring that the Comptroller prepare and present monthly fi nancial reports, conduct annual audits and present external audit reports for review. We found that the Board has not fulfi lled its oversight functions as follows:

Monthly Financial Reporting – Pursuant to Town Law, the Comptroller must provide the Board a monthly revenue and expenditure report. We found that the Comptroller did not provide monthly reports to the Board. The Comptroller indicated that he was unaware of this requirement. Furthermore, we reviewed15 the Board meeting minutes and found no indication that Board members asked for monthly reports. As such, the Board did not have adequate fi nancial information with which to monitor Town fi nances.

Annual Audit – Town Law generally requires that on or before the 20th day of January, each town offi cer or employee who received or disbursed any moneys in the previous year, must provide an accounting to the Comptroller for such moneys and produce all books, records, receipts, vouchers, and canceled checks for audit. Such annual accounting to, and examination by, the Comptroller provides an added measure of assurance that fi nancial records and reports contain reliable information on which to base management decisions and gives both the Board and Comptroller the opportunity to monitor the fi scal procedures of the Town. The Comptroller did not perform an annual audit of the records of Town offi cials and employees that received or disbursed moneys on behalf of the Town during our audit

Town Board Oversight

14 A public referendum was passed in June 2009 to downsize the Board by two members, effective January 1, 2010.15 We reviewed Town Board minutes for the period August 2008 through August 2009.


period. Board members were aware16 of this obligation and did not require corrective action be taken. The failure to perform an annual audit reduces accountability over Town assets and increases the risk that errors and irregularities will not be detected and corrected.

Presentation of External Audit – Entities, such as the Town, that expend $500,000 or more of Federal funds in a year must have a single audit conducted for that year. The Town must engage a public accountant to perform this service. The Board can and should use audits such as these to monitor the Town’s fi nancial activity. Furthermore, the Board has a responsibility to ensure corrective action is taken to address any fi ndings brought to its attention by such audits. During our audit period, the Town engaged independent public accountants to perform a single audit. The Comptroller did not provide, or discuss the audit results with Board members. We reviewed the last three completed audit reports,17 which disclosed repeat fi ndings relating to the Comptroller’s Offi ce that were not corrected.

For the period January 1, 2006 through June 29, 2009, the Town paid approximately $1 million for charges on 35 Town credit card accounts that were used by the Town Youth Bureau and WNY AmeriCorps. The credit cards were routinely used for a variety of purchases including, but not limited to: cash advances ($21,000), meals and refreshments ($130,000), travel and entertainment ($250,000), gift cards and certifi cates ($30,000), donations and sponsorships ($50,000), home improvement and landscaping materials and supplies ($140,000), apparel and sporting/outdoor supplies ($95,000), administrative and offi ce items ($195,000), and vehicle and equipment items ($60,000). Some of these items, such as donations and gift cards, would generally not be appropriate Town purchases. We have referred this matter to law enforcement for investigation.

Written policies and procedures are necessary for establishing an effective internal control framework for the general use of credit cards and the related operations of WNY AmeriCorps by employees in the Town’s Youth Bureau. The Board should adopt a comprehensive policy, which describes how the cards must be used and by whom, the documentation needed to support credit card claims, and the Town’s recourse in the event of improper card use. The policy should, at a minimum: set appropriate credit limits, establish custody of the cards when not in use, require proper documentation for all transactions,

16 In the March 2, 2009 Board minutes, a Board member questioned the Comptroller regarding annual audits. The Comptroller responded that he had not performed them.

Misuse of Town Credit Cards

17 For the fi scal years ending December 31, 2006, 2007 and 2008 (completed November 25, 2009).


provide for periodic monitoring by appropriate offi cials of the Town, and establish a means to recoup any unauthorized expenditures. The Comptroller is also responsible for ensuring that all claims for credit cards are audited to verify that charges listed on the billing statements are proper and supported by adequate documentation, including receipts. The absence of comprehensive written guidance regarding credit card usage and a proper claims audit process increases the risk of fraud, waste and abuse occurring and not being detected or corrected in a timely manner.

The Board did not establish appropriate controls over Town credit cards and did not develop a credit card policy until November 2009. Although the Board had a purchasing policy, it did not provide adequate guidance to the Comptroller, department heads and staff with respect to credit card transactions. The Board did not monitor how the cards were distributed, controlled and used. Ten individuals had credit card administrator functions; they had the authority to modify credit card parameters such as credit limits, cash advance options and provide additional cards to other individuals. Further, the credit limit on the master account under the Executive Director was excessive as the limit was as high as $42,000. Finally, we noted that 22 of these monthly billings were paid late, resulting in late fees that the Town paid totaling approximately $3,000.

At its August 24, 2009 meeting, the Board directed the Comptroller to cancel the Town credit cards under the control of the Youth Bureau Executive Director which included cards being used by WNY AmeriCorps members that were no longer Town employees. While WNY AmeriCorps staff provided a bag of shredded credit cards, Town offi cials should have contacted the credit card company and proactively canceled the cards to ensure that all the credit card accounts under the Executive Director’s master account were closed.

We analyzed 200 transactions totaling $142,188 on credit cards that were under the supervision of the Executive Director and found exceptions with 194 of them. These exceptions included improper and unsupported cash advances, gift cards and alcoholic beverage purchases, and payments that personally benefi ted the Executive Director. The more signifi cant fi ndings are as follows:

• Cash Advances and Gift Cards – We found cash advances18

on the credit cards that total over $20,000 between January

18 Twelve transactions totaling $2,678 were cash advances that generally lacked any supporting documentation. During our review of credit card billing statements we totaled cash advances and cash advance fees on the credit cards and found that a total of $20,188 was advanced from January 2006 through December 2008 and cash advance fees totaled $542.


2006 and December 2008. The Town could provide no documentation that the cash obtained by these advances was used for Town purposes or an explanation as to why it was necessary to take cash advances. Moreover, cash advances were not needed for Town purposes since the credit card could have been used to purchase goods or services. We also identifi ed 30 transactions totaling $15,647 that were for the purchase of either gift cards or certifi cates which, in essence, is a means of obtaining cash through the credit card. It is diffi cult to determine what these gift cards or certifi cates were ultimately used for and, therefore, that this use of Town funds was for an authorized purpose. The Town could not provide a list of recipients or documentation to prove whether these were proper Town expenditures.

• Donations – We found 12 transactions totaling $14,902 for donations or sponsorships of other organizations, including private organizations such as the Salvation Army, the Arts Council, the University at Buffalo Foundation, the Food Bank of Western New York and Baker Victory Services. The State Constitution prohibits municipalities from making gifts or loans of public money or property to or in aid of private individuals, corporations, associations or undertakings.

• Insuffi cient Documentation – Seventy transactions totaling $73,830 were insuffi ciently documented to indicate either the item or service purchased. Included were 26 transactions totaling $15,503 related to travel outside of the Western New York area. Further, two payments for an all-terrain vehicle totaling $6,985 were made with two different Town credit cards, on the same day. No reason was provided regarding why these payments were made in this manner. In addition, while we found this vehicle, paid for with Town funds, in a Town building, it is apparently being used exclusively by WNY AmeriCorps.

• Meals, Refreshments and Entertainment – Fifty-fi ve transactions totaling $17,064 included meals, refreshments or entertainment charges at locations across Western New York and Canada. There was no documentation attached to indicate who was in attendance or how these expenditures represented a proper use of Town funds. In addition, 15 transactions included alcohol purchases totaling $1,644. The Executive Director indicated that these were generally ‘networking events’ and adults were in attendance, so alcohol is sometimes provided. Town funds should not be used to purchase alcohol.


• Executive Director – The Executive Director personally benefi ted from certain transactions. We noted that he had been provided a Town vehicle until June 2008 at which time the Board revoked that privilege. In July 2008, WNY AmeriCorps entered into a lease agreement for a vehicle to be used by the Executive Director. The down payment of $1,024 was inappropriately charged on the Town’s credit card and paid from the Town’s trust and agency fund. Payments made from a properly used trust and agency fund are generally not required to be audited, since the activity relates to assets held by the Town for other governments such as payroll withholdings. Therefore, accounting for lease activity in this manner would likely have resulted in less scrutiny. The Executive Director also inappropriately used the Town’s credit card to pay two parking tickets he received totaling $170.

• No Supporting Documentation – Thirteen transactions totaling $12,839 did not have any supporting documentation. For example, eight charges totaling $11,437 were from offi ce, technology or home improvement vendors, as noted on the credit card billing statement. It was not clear that the purchased items were used for Town purposes.

Due to the signifi cant problems identifi ed during our review of credit cards, we also tested 20 claims submitted by the Executive Director (or those he supervised), totaling approximately $94,000. These claims generally had some type of documentation19 attached, but often lacked enough information to demonstrate that they represented proper Town charges. The most signifi cant exceptions were as follows:

• Professional Services – Six claims totaling $32,074 were for professional services. One general fund claim for a $23,863 payment to a non-profi t service organization did not indicate the hours worked and by whom. The Executive Director signed the claim in February 2008, for services performed from April to December 2007. This entity provides school intervention services throughout Western New York. No contract or other documentation was provided for our review from which to determine what specifi c services were to be provided, to whom or where. As such, we question the propriety of this payment and whether it furthered a purpose for which the Town could incur the cost.

19 All 20 tested claims had some supporting documentation attached; however, 18 of the 20 were not suffi ciently itemized or detailed to determine whether they represented appropriate Town charges.


Another questionable claim was for $1,250 paid to a consultant, who was also the WNY AmeriCorps Board President at the time. In addition to this claim, we found that the Comptroller authorized monthly payments from the trust and agency fund to this individual as a consultant. From December 2005 through May 2006 these payments totaled $7,500. No contract or other documentation was provided for our review to establish what function this individual performed as a consultant. This was likely the reason why the payments were inappropriately made from the trust and agency fund (see section of the report entitled ‘Accounting’ for further discussion of the improper recording of fi nancial activity).

• Capital Purchase – One claim totaling $18,477 was for fl ooring installed in a parochial school located in the City of Buffalo. It appears that the Town initially paid for this, expecting to be reimbursed from a grant. However, WNY AmeriCorps (who received the grant) did not deposit the grant proceeds into the Town’s bank account upon receipt and there was no indication the Town was ever reimbursed for the $18,477 cost. The State Constitution prohibits municipalities from making gifts or loans of public money or property to or in aid of private individuals, corporations, associations or undertakings. It also prohibits the use of public money, either directly or indirectly, in aid or maintenance of any school or institution of learning wholly or partly under the direction of any religious denomination, or in which any denominational tenet or doctrine is taught.

• Meals and Refreshments – Four claims totaling $13,364 were for meals and refreshments. One claim totaling $10,788 was for catering for 225 people at a fundraising event held for WNY AmeriCorps. There was no list of attendees, or an indication of what services were provided.

1. The Board should exercise appropriate oversight and ensure that the Comptroller fulfi lls all of the duties and responsibilities assigned to that offi ce.

2. The Comptroller should perform a proper and timely audit of claims to ensure that appropriate supporting documentation is available with which to determine if the charges are accurate, properly authorized and represent legitimate Town costs.

Recommendations


3. The Comptroller should prepare an abstract of audited claims, provide it to the Supervisor prior to checks being prepared, and only then should the Supervisor sign the checks.

4. The Comptroller should properly account for all Town fi nancial activity and the Town’s accounting records should fully support the amounts reported in the audited fi nancial statements.

5. The Comptroller should provide the Board a monthly report of all receipts and expenditures.

6. The Comptroller should perform an annual audit of all Town offi cers and employees who receive or disburse moneys.

7. The Comptroller should provide the Board with the results of the Town’s external audits.

8. The Board and Comptroller should ensure that employees and offi cials comply with the credit card policy and procedures.

9. The Board should restrict access to credit cards to only Board authorized Town offi cials and employees. Further, the Board should establish reasonable credit limits and periodically review them for appropriateness and restrict the use of cash advances on credit cards.

10. The Board should establish procedures to routinely monitor the Comptroller’s oversight of the Town’s credit cards.

11. The Board should consult with the Town Attorney to determine if there are grounds for recouping any improper payments that were made.


APPENDIX A

RESPONSE FROM LOCAL OFFICIALS

The local offi cials’ response to this audit can be found on the following pages.



SeeNote 1Page 31

SeeNote 1Page 31






SeeNote 2Page 31

SeeNote 3Page 31

SeeNote 4Page 31


SeeNote 2Page 31

SeeNote 5Page 31




APPENDIX B

OSC COMMENTS ON THE TOWN’S RESPONSE

Note 1

We identifi ed signifi cant control weaknesses and process defi ciencies that were still occurring as of the end of our fi eld work. Furthermore, we reviewed and found exceptions with transactions that occurred in 2008 and 2009.

We acknowledge that the current Board has taken signifi cant steps to separate WNY AmeriCorps operations from those of the Town to correct the overlapping of operations that had persisted for many years. While actions have been taken, it is essential that the Board address the defi ciencies identifi ed in our report. Further, the Town should take appropriate action to ensure that it receives all the monies it is due as a result of WNY AmeriCorps activities.

Note 2

We confi rmed with various department heads that the Town Comptroller did not require them to submit supporting documentation for credit card activity.

Note 3

During our fi eldwork the Town Comptroller was not properly accounting for certain fi nancial activity and had not made signifi cant adjustments to the Town’s fi nancial records to ensure that they agreed with the audited fi nancial statements. To a great degree, the Town Comptroller is relying upon the external auditor to properly account for certain fi nancial activity. Because the Town Comptroller waits for signifi cant adjustments from the auditor, the fi nancial records are not reliable during the year.

Note 4

The Town Comptroller failed to perform his duty to annually audit all town offi cers or employees who received or disbursed any monies, as required by Town Law.

Note 5

The Town Comptroller did not provide, or discuss the external audit results with Board members. He also did not provide the required monthly revenue and expenditure report to the Board.


APPENDIX C

AUDIT METHODOLOGY AND STANDARDS

During this audit, we evaluated the Town’s internal controls over certain fi nancial activity for the period January 1, 2006 to January 21, 2010. To accomplish our audit objective and obtain relevant audit evidence, we performed the following procedures:

• We interviewed appropriate Town offi cials and employees, members of WNY AmeriCorps, and the Town’s external auditor to gain an understanding of the operations and the relationship between the Town and WNY AmeriCorps.

• We reviewed Town Board meeting minutes, vendor history reports, claim vouchers and supporting documents, purchase logs, bank statements, check registers, canceled checks, bank reconciliations, cash receipts and supporting documents, general ledger activity reports, journal entries, fi nancial statements, internal memos, and credit card agreements.

• We reviewed records provided by the Town’s external auditor to assist in determining whether Town funds were properly used.

• We used a risk based judgmental process to select credit card transactions and claims for review, focusing on high risk transactions and payments to vendors not typically used by municipalities.

We conducted this performance audit in accordance with generally accepted government auditing standards (GAGAS). Those standards require that we plan and perform the audit to obtain suffi cient, appropriate evidence to provide a reasonable basis for our fi ndings and conclusions based on our audit objective. We believe that the evidence obtained provides a reasonable basis for our fi ndings and conclusions based on our audit objective.


APPENDIX D

HOW TO OBTAIN ADDITIONAL COPIES OF THE REPORT

Offi ce of the State ComptrollerPublic Information Offi ce110 State Street, 15th FloorAlbany, New York 12236(518) 474-4015http://www.osc.state.ny.us/localgov/

To obtain copies of this report, write or visit our web page:


APPENDIX E

OFFICE OF THE STATE COMPTROLLERDIVISION OF LOCAL GOVERNMENT

AND SCHOOL ACCOUNTABILITY

Steven J. Hancox, Deputy ComptrollerJohn C. Traylor, Assistant Comptroller

LOCAL REGIONAL OFFICE LISTING

ALBANY REGIONAL OFFICEKenneth Madej, Chief ExaminerOffi ce of the State Comptroller22 Computer Drive WestAlbany, New York 12205-1695(518) 438-0093 Fax (518) 438-0367Email: [email protected]

Serving: Albany, Columbia, Dutchess, Greene, Schenectady, Ulster counties

BINGHAMTON REGIONAL OFFICEPatrick Carbone, Chief ExaminerOffi ce of the State ComptrollerState Offi ce Building, Room 170244 Hawley StreetBinghamton, New York 13901-4417(607) 721-8306 Fax (607) 721-8313Email: [email protected]

Serving: Broome, Chenango, Cortland, Delaware,Otsego, Schoharie, Sullivan, Tioga, Tompkins counties

BUFFALO REGIONAL OFFICERobert Meller, Chief ExaminerOffi ce of the State Comptroller295 Main Street, Suite 1032Buffalo, New York 14203-2510(716) 847-3647 Fax (716) 847-3643Email: [email protected]

Serving: Allegany, Cattaraugus, Chautauqua, Erie,Genesee, Niagara, Orleans, Wyoming counties

GLENS FALLS REGIONAL OFFICEKarl Smoczynski, Chief ExaminerOffi ce of the State ComptrollerOne Broad Street PlazaGlens Falls, New York 12801-4396(518) 793-0057 Fax (518) 793-5797Email: [email protected]

Serving: Clinton, Essex, Franklin, Fulton, Hamilton,Montgomery, Rensselaer, Saratoga, Warren, Washingtoncounties

HAUPPAUGE REGIONAL OFFICEIra McCracken, Chief ExaminerOffi ce of the State ComptrollerNYS Offi ce Building, Room 3A10Veterans Memorial HighwayHauppauge, New York 11788-5533(631) 952-6534 Fax (631) 952-6530Email: [email protected]

Serving: Nassau, Suffolk counties

NEWBURGH REGIONAL OFFICEChristopher Ellis, Chief ExaminerOffi ce of the State Comptroller33 Airport Center Drive, Suite 103New Windsor, New York 12553-4725(845) 567-0858 Fax (845) 567-0080Email: [email protected]

Serving: Orange, Putnam, Rockland, Westchester counties

ROCHESTER REGIONAL OFFICEEdward V. Grant, Jr., Chief ExaminerOffi ce of the State ComptrollerThe Powers Building16 West Main Street – Suite 522Rochester, New York 14614-1608(585) 454-2460 Fax (585) 454-3545Email: [email protected]

Serving: Cayuga, Chemung, Livingston, Monroe,Ontario, Schuyler, Seneca, Steuben, Wayne, Yates counties

SYRACUSE REGIONAL OFFICERebecca Wilcox, Chief ExaminerOffi ce of the State ComptrollerState Offi ce Building, Room 409333 E. Washington StreetSyracuse, New York 13202-1428(315) 428-4192 Fax (315) 426-2119Email: [email protected]

Serving: Herkimer, Jefferson, Lewis, Madison,Oneida, Onondaga, Oswego, St. Lawrence counties

EXHIBIT “2”

West Seneca Town Board Meeting Minutes 01/14/2008

Supervisor 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.

The meeting was dedicated to the memory of John Granville and William Hogan.

1-A MINUTES TO BE APPROVED

l Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve Minutes #2007-14 of December 17, 2007.

1-B COMMUNICATIONS

1. Supervisor Piotrowski re Retirement of Gary A. Wielgoszynski

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the retirement of Gary A. Wielgoszynski, West Seneca, NY, Laborer-Buildings and Grounds Department, effective December 19, 2006 in accordance with an application filed by Mr. Wielgoszynski for Article 15 Disability Retirement with the New York State and Local Retirement System, and authorize the Supervisor to sign the necessary paperwork for Erie County Personnel.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS1250 Union Road Minutes #2008-01West Seneca, NY 14224 January 14, 2008

Wallace C. Piotrowski SupervisorVincent J. Graber Jr. Councilman

Christina Wleklinski Bove. CouncilwomanSheila M. Meegan Councilwoman

Dale F. Clarke Councilman

Ayes: All Noes: None Motion Carried

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2. Supervisor Piotrowski re Title Change for Thomas Amoia

Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Thomas Amoia, West Seneca, NY, as White Collar Laborer in the Engineering Department and appoint Thomas Amoia as Laborer in the Buildings and Grounds Department, effective January 14, 2008 at a rate of $22.38 per hour, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilman Clarke asked if this was a Department change and if there was an opening.

Councilman Graber responded this was a Department change and there was a budgeted opening.

Councilman Clarke stated it was his understanding in speaking with Councilman Graber that the Town was “two-over”.

Councilman Graber disagreed, stating the department has been “one-over”, but it was

1-B COMMUNICATIONS

2. (Continued)

budgeted for 2008 to maintain that level. One of the already agreed upon positions was vacated with the retirement of Mr. Wielgoszynski. By filling this position, the department will continue to be one-over and maintain the current level of employment.

Motion by Councilman Clarke, seconded by Councilwoman Bove, to table this item for a work session.

On the question, Councilwoman Bove noted that Thomas Amoia has been working in the white collar Sewer Department and is a good worker. Mrs. Bove noted that Mr. Amoia had a kidney transplant and her comments are based on the procedure followed in the appointment and are not personal in nature. She was previously unaware of this appointment.

Councilman Graber noted that this information was received by Council members on Thursday and the issue was not questioned until today.

Councilman Clarke questioned when the other Council members were made aware of the appointment and felt a work session was necessary in order to discuss the matter.


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Supervisor Piotrowski responded that Mr. Clarke has been in his office several times since the last meeting and many topics were discussed. There was ample opportunity for any question to be posed since Thursday. It is the duty of Council members to investigate any item in question on the agenda or contact the department head if a question arises.

On the motion to table,

On the original motion,

3. Supervisor Piotrowski re Retirement of Thomas C. Reese, Sr.

Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Thomas C. Reese, Sr., East Aurora, NY, mechanic-Highway Department, effective January 25, 2008, and authorize the Supervisor to sign the necessary paperwork for Erie County Personnel, noting that Mr. Reese has served the Town of West Seneca for over 20 years.

4. Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $12,418.59 to Nichols, Long & Moore Construction Corp. per various vouchers.

1-B COMMUNICATIONS

4. (Continued)

On the question, Councilwoman Bove noted this payment was for restoration of landscaping and concrete and complimented Mr. Montz for the completeness of the information submitted.

Ayes: (2) Councilman Clarke, Councilman Bove Noes: (3) Councilman Graber, Councilwoman Meegan, Supervisor Piotrowski

Motion Denied

Ayes: (3) Councilman Graber, Councilwoman Meegan, Supervisor PiotrowskiNoes: (2) Councilwoman Bove, Councilman Clarke

Motion Carried


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5. Town Engineer re Knox Avenue Reconstruction Project, Job No. K-0701, Change Order 1

Motion by Councilman Graber, seconded by Councilwoman Bove, to approve Change Order No. 1 for Kandey Company, Inc., 19 Ransier Drive, West Seneca, New York 14224 in the amount of $11,669.91 for performing various items of extra work on the Knox Avenue Reconstruction Project, Job No. K-0701.

6. Town Engineer re Out of Title Pay

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve out of title pay for Michael G. Kerl from December 26, 2007 through December 31, 2007 at the Town Engineer’s hourly rate.

7. Chief Gehen re Rate Change, Part Time Public Safety Workers

Motion by Councilman Graber, seconded by Councilwoman Meegan, to correct Item #18 motion of December 17, 2007 meeting to read: grant rate change of $10.95 per hour for all part-time Public Safety Dispatchers, effective January 1, 2008, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8. Receiver of Taxes re Seasonal status for part-time clerks

Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time Clerks to seasonal part-time Clerks effective January 14, 2008:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9. Receiver of Taxes re Extension of Collection for 2008 Town/County taxes

Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the extension for collection of 2008 Town/County taxes from April 30, 2008 to June 30, 2008, to





Patricia Farr Margaret WelkerLaurine Fischione Marcia TurnerMargaret Pomona




allow penalties collected to stay with the Town and not the County of Erie.

1-B COMMUNICATIONS

10. Code Enforcement Officer re Sign with Electrical Lettering

Motion by Councilman Graber, seconded by Councilwoman Meegan, to allow the addition of an electrical lettering sign for Southgate Lanes, 50 Michael Road.

11. Recreation Supervisor re Seasonal Status for Erin Clarke

Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of Erin Clark from part-time laborer to part-time seasonal, effective January 2, 2008 – February 2, 2008, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

ISSUES OF THE PUBLIC

Supervisor Piotrowski announced that the Town is in the process of setting forth a new policy for Town Board proceedings. In the interim, the old policy will continue. The public is welcome to come forth and speak with a time allotment of three minutes.

RESIDENT WELCOMES NEW TOWN BOARD MEMBERS

David Monolopolus, 97Lexington Green, welcomed the new Town Board members and wished them well in representing the Town of West Seneca in 2008. He urged them to listen to the citizens, follow the Comprehensive Plan, and work with each other to make West Seneca the leader in new ideas and visions of change and hope for a better future. He was supportive of two meetings per month because government should be open to the people. He suggested a spread sheet be prepared for use by residents in reading next year’s budget.

STATUS OF VARIOUS PROJECTS

Mr. Monolopolus asked the status of the noise ordinance and the soccer complex, tax assessment increase and the gas supplier.


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Councilman Graber stated the new Town Attorney is reviewing a number of items remaining in the transition from the former Town Attorney, including the noise ordinance and the gas supplier.

Mr. Monolopolus stated the citizens deserved the right type of development in Town and asked the Board to be proactive instead of reactive when problems occur in the future.

TOWN’S POSTING ON WEB SITE OF FOIL, MINUTES.

Daniel Warren, 836 Indian Church Road, congratulated the elected officials on their successful campaigns. He expressed his support of Supervisor Piotrowski in scheduling two Town Board meetings per month and reviewing each of the Town’s departments, demonstrating a commitment to increased efficiency. He suggested the current Town policy on Freedom of Information be posted on the web site and that a draft copy of the Town Board minutes also be posted. Currently, if a citizen desires a draft copy, he must submit a FOIL request. He felt this would allow a smooth discussion of issues from one meeting to the next.


TAX ASSESSOR VACANCY

Mr. Warren noted that in 2005 the office of tax assessor became vacant. The Board was advised by Town Attorney Greenan that it had the option of appointing a sole assessor to a six year term, having three elected assessors, or contracting with other municipalities. None of these options has been followed up on and he inquired about the time-frame for a permanent arrangement.

TOWN’S LIABILITY RE AMERICORPS PROGRAM

Mr. Warren asked whether or not the Town had a written agreement with Americorps, limiting the Town’s liability and defense costs in the event of any negligence on the part of Americorps and to avoid any argument by an Americorps volunteer or employee that they are a special employee of the Town and entitled to Workers’ Compensation benefits.

SENIOR CITIZENS CENTER SUPERVISOR VACANCY

Robert Frainier, 54 Thomas Drive, asked when an interim person would be appointed to supervise the Senior Citizens Center.

Councilwoman Meegan stated she has assumed some of the responsibilities of Mr. Duffey who recently retired and will be present at the Center on Wednesdays until the position is filled. This is a Union position and the Town must select an individual from the Civil Service list. She has been present in Town Hall on a daily basis and will be available on Wednesday

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mornings at the Senior Center to address any issues of concern. Mrs. Meegan provided her phone numbers in the event anyone needed to reach her.

Councilman Graber added that although Mr. Duffey tendered his resignation in December, it was not official until January 2nd, so even the previous Town Board could not act upon it. At the same time, there was a general understanding between the outgoing and incoming Boards that the decision would be deferred to the new administration.

Edith Sweet, 99 Winspear Road, stated the Town Board is responsible for every person who enters the Senior Citizens Center and having a Councilmember there on a Wednesday is not acceptable.

Robert Summerville, 62 Harwood, stated he would like to see the Senior Citizens Center open on Saturday afternoons, four Saturdays a month, from Noon until 5:00 for activities.

TOWN BOARD WORK SESSIONS AND JOB POSTINGS

Amy Carpenter, 406 Woodward Crescent, asked if a schedule has been set for a work session yet and if they would be posted on the Town’s web site.

Supervisor Piotrowski responded that he needed to determine which items required a work session and there was nothing on tonight’s agenda that either required a work session or for which a work session was requested by a council member. Work sessions will be posted.

Mrs. Carpenter also asked if available non-union positions be posted on the web site.

Supervisor Piotrowski stated they would be.


TOWN BOARD WORK SESSIONS

Paula Minklei, Orchard Park Road, stated it was her understanding that a work session was to be held prior to each Town Board meeting.

Supervisor Piotrowski responded that there will be work sessions, as needed, for the Board to discuss items of significance. The public may attend those work sessions but is not allowed comment. If Board members wish to have a work session after reviewing the agenda, one will be scheduled.

Mrs. Minklei stated she understood that the public is not allowed to comment at the work session, but felt all Board members should share information when making decisions.

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Councilman Graber stated there were eleven items on tonight’s agenda. A work session is not intended to discuss these particular issues, because that is the function of the Town Board meeting. Most of the items are not known to him until he picks up his agenda package.

Councilwoman Bove asked if there was sufficient notification for a work session when the agenda package is received on Thursday.

Town Clerk Patricia DePasquale stated 72 hours is needed for notification of certain meetings. The normal process for Board meetings is to post notice in the paper and on the bulletin board outside the Town Clerk’s office, five days prior to the meeting. It is also posted on the web site.

Councilwoman Bove asked the Town Attorney to research the time requirements for a work session itself.

Town Attorney Hunter stated some towns schedule work sessions on a regularly scheduled date and those are always known. He was unfamiliar with a notice requirement, but is likely 72 hours. The manner of posting may be specified.

Town Clerk DePasquale stated the bulletin board is acceptable for notification purposes, but notice is also given in the newspaper and posted on the web site.

STATUS OF UTILITIES BID

Mrs. Minklei asked the status of the utilities bids that were due at the end of December.

Councilman Graber stated the required 10 day legal posting was missed. Subsequently, the Town has a new Town Attorney who is in the process of completing the matter.

TOWN BOARD WORK SESSIONS AND JOB OPENINGS

Karen Lucachick, 61 Greenmeadow, stated she used to attend School Board sessions years ago. There would be a work session once a month where the public was allowed to observe, but not speak. Personnel sessions were closed to the public. The regular session was open to everyone. She asked if the jobs other than civil service were posted.

Supervisor Piotrowski stated those jobs were not posted. It was the decision of the Town Board to make the recommendations as to who should fill those positions. As elected officials, Board members are aware what positions are available and every Board member is free to submit a recommendation for those particular positions.

Mrs. Lucachick suggested the Board meet collectively to discuss possible appointees.

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TOWN BOARD WORK SESSIONS AND JOB OPENINGS (Continued)

Supervisor Piotrowski stated that is a possible consideration for the future. He added that the public is not limited to three minutes for comments tonight. They are welcome to contact any one of the Board members to express an opinion or make a suggestion. He is present in his office on a daily basis and stated the public is free to stop by with comments or suggestions.

PRESENTATION OF COMMUNICATIONS BY DEPARTMENT HEADS AND BOARD MEMBERS

SENIOR CITIZENS CENTER SUPERVISOR VACANCY

Councilwoman Bove commented that at the Senior Citizens Center Christmas Party, there were three calls to Rural Metro for transport to the hospital. There is an aging group of people in Town who frequent the Senior Citizens Center and felt it was the Town’s responsibility to replace Jim Duffey as soon as possible.

RESPONSE TO YOUTH BOARD DIRECTOR COMMENTS

Councilwoman Bove commented on a political comment made in the Bee by Mr. Lazzara, Director of the Youth Bureau. Mrs. Bove stated she has performed her duties as a Councilwoman in a business like manner, responding in a timely manner to the needs and concerns of homeowners and businesses to resolve issues with fairness to all. She has volunteered to take on large projects such as the Senior Fitness Center, the Town computer upgrade project, and the Community Development Block Grant awarded to the Town in 2006, but allowed to lapse. The Town would not only have lost the grant funds, but future requests for grants would have been jeopardized. Mrs. Bove stated she has been concerned with the number of terminations and resignations of employees associated with the Youth Bureau, and rumors of lawsuits and human rights complaints to New York State. She had requested information on employees, whether Youth Bureau or Americorps, with salaries and bonuses. She subsequently received information limited to a list of names and whether 100% Youth Bureau or Americorps. No salaries were included and she was told to find this information herself. The 2008 Youth Bureau budget is a third of a million dollars, with three people in the department. Mrs. Bove felt there had been a boring of the Youth Bureau over the last few years, with Western New York Americorps and the Burchfield Nature & Art Center. She does not represent Western New York Americorps; she is the Councilwoman for West Seneca taxpayers with the West Seneca Youth Bureau. She agreed with Supervisor Piotrowski as to an analysis of Town departments, and she will continue to request pertinent information on salaries, benefits, expenses, and credit card usage. Monthly reports may also be required. At the Organizational meeting, Town Board members were asked to vote on department heads, including the Director of Youth Bureau. Mr. Lazzara’s title on his brief report submitted to her, read as Executive Director/CEO.

POLICE DEPARTMENT MEETING

Councilwoman Meegan stated she had an opportunity to meet with the Police Department this past week. The Police Department is in dire need of space and she was impressed with what that department is able to do with the space available. She is looking into Homeland



Security for potential grant funds, possibly for a new facility, noting it would also require a referendum.

PRESENTATION OF COMMUNICATIONS BY DEPARTMENT HEADS AND BOARD MEMBERS

MEETING WITH YOUTH BUREAU DIRECTOR

Mrs. Meegan also had an opportunity to meet with Mr. Lazzara and noted the number of services performed by the Youth Bureau and Americorps. She realized there were concerns on his titles as Youth Director and Americorps Director and other issues which will be addressed at a work session. Despite concerns, the Youth Bureau and Americorps are an asset to the Town of West Seneca and do great things. Mrs. Meegan stated she will also follow up on the issues brought up tonight concerning the Senior Citizens Center and plans on being present at the Center on Wednesday, hopefully with an answer to the Saturday afternoon issue.

APPOINTMENT OF THOMAS AMOIA

Councilman Graber commented on the appointment of Thomas Amoia, a five-year employee with the Town of West Seneca, noting that Mr. Amoia had a kidney transplant last year and was on sick leave from the Sewer Department. The transplanted kidney responded well, but Mr. Amoia’s physician recommended that he no longer work in the Sewer Department due to the anti-rejection medication disabling his immune system, despite use of protective garb and respirators. Mr. Wielgoszynski’s retirement offered an opening in Buildings & Grounds where Mr. Amoia could perform work duties without exposure to potential infectious agents present in the Sewer Department. Mr. Amoia is being moved over to Buildings & Grounds because there was a vacancy in that department and the need to remove him from the environmental hazards of the Sewer Department. There are guaranteed numbers in the Buildings & Grounds Department as well as the Highway Department and occasionally the Town goes “over”, but can never go “under” those numbers. Historically, the Town has gone over a number of times. Mr. Graber stated that in a conversation with Mr. Clarke, Mr. Clarke was concerned that the vacancy be filled with Mr. Clarke’s friend. Mr. Graber felt that Thomas Amoia, as a five-year employee of the Town of West Seneca with a proven work record, was a better choice for the vacancy in Buildings & Grounds than Mr. Clarke’s friend.

REVIEW OF TOWN DEPARTMENTS

Supervisor Piotrowski stated this Board is committed to reviewing each town department.

It is not possible to review every department in one particular month, but the Town Attorney’s office and the Comptroller’s office are being reviewed this month in an effort to make those departments more efficient and effective. This Board has reduced salaries in the

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Town Attorney’s office by $50,000. and in the Comptroller’s office by $15,000. The Board will then move on to the Youth Department, the Recreation Department and the Americorps program. Work sessions will be held and determinations made. When issues arise, such as at the Senior Citizens Center, those issues will be addressed and ultimately the Senior Citizens Center will be reviewed as a whole in the future.

ADJOURNMENT

Motion by Councilman Graber, seconded by Councilwoman Meegan, to adjourn the meeting at 8:25 P.M.

_______________________________________

PATRICIA C. DEPASQUALE, RMC/CMC TOWN CLERK




EXHIBIT “3”

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Board Meeting Minutes 08/16/2010

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2010-12 West Seneca, NY 14224 August 16, 2010

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



· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-11 of July 19, 2010.


Motion by Councilwoman Meegan, seconded by Councilman Clarke, to suspend the regular order of business to allow for a statement of clarification.


Councilwoman Meegan referred to an article in the August 5, 2010 West Seneca Bee entitled “Lawsuit Proves That Common Sense Is Not So Common” and stated that Ms. McDowell did not do her homework and wait for both sides of the story. The board members were advised not to discuss the matter and Ms. McDowell got her information from an extremely biased party. What the Town Board did was something that has been time honored in the past. Honorable Nelson Cosgrove resigned for a higher judicial office and Wallace Piotrowski who had served in the Town Attorney’s office was then appointed to take his position as Judge for the Town of West Seneca. When Wallace Piotrowski resigned to run for Supervisor in 2007, Dale McCabe came out of the Town Attorney’s office and was appointed by the Town Board as Judge. There was nothing illegal about this, but it was a common sense approach to filling the Town Justice position. In the past, the Town Board made a temporary appointment of Thomas Bausch after the sudden passing of Highway Supt. Patrick Finnegan and then appointed Matthew English to fill the position. There was also nothing illegal about that appointment and other municipalities have done the same on many occasions. No lawsuits ever came about as a result of those appointments. Supervisor Piotrowski was not sure as to what was legal, and if he knew should have rescinded the motion and corrected it. Instead the town is paying for legal fees brought on by Supervisor Piotrowski. If Ms. McDowell had been at the July 28, 2010 Special Town Board Meeting she would have witnessed Ralph Lorigo passing out case law that Supervisor Piotrowski referred to. Also, when Councilwoman Meegan told Supervisor Piotrowski of the proposal to appoint Jeffrey Harrington at the July 19, 2010 Town Board meeting, he stated “Then can Joey (Joseph Lorigo) be the prosecutor?”

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2010-12

West Seneca, NY 14224 August 16, 2010

Page two . . .

Councilwoman Meegan stated that the lawsuit was not due to her or Councilman Clarke’s negligence. Upon information and belief the lawsuit was brought on by Supervisor Piotrowski (who is suing himself), Mr. Lorigo, and Judge Scott. Councilwoman Meegan referred to Ms. McDowell’s question, “What’s another five months?” concerning why the Town Board would not appoint Judge Scott to serve for another five months when he served for more than 30 years. She stated that Judge Scott resigned, he was not asked to step down, and he did not request a leave of absence. Most employers look for a replacement when an employee resigns and the Town Board was doing the job the people elected them to do. Councilwoman Meegan further referred to the Article 78, Notice of Order to Show Cause and stated that a restraining order was issued against the Town Board on the grounds that the Town Board proceeded in excess of its jurisdiction. She commented that it is the Town Board’s duty and responsibility to hire and fire employees, but now the Supreme Court wants to dictate to the town how to proceed with filling jobs and every town in the county should be put on notice of that. Councilwoman Meegan thought that the Town Board should have been heard before the restraining order was issued. She stated that a municipality is always given an opportunity to state its reason for taking action before a restraining order is issued, but the Supreme Court usurped the prerogative of the Town Board to appoint the most qualified person as Town Justice, Jeffrey Harrington who served as Deputy Town Attorney/Town Prosecutor for the last 2½ years and has 10+ years in practice. Councilwoman Meegan stated that when she asked Supervisor Piotrowski to swear Jeffrey Harrington into office he declined, stating that “I can’t do that, I’m with Joey, the Lorigo family.” Then he had the Supreme Court issue the restraining order and the same Judge that issued the order recused himself the following morning. She questioned why that would have happened and also commented on the date and time stamped on the order. Councilwoman Meegan stated that the Town Board has a fiduciary responsibility

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to the public they serve and upon information and believe Supervisor Piotrowski fostered the complaint against the town and he is costing the town thousands of dollars and many hours and days that she would be doing the people’s work. Instead she has had to spend time on this frivolous matter. Ralph Lorigo’s involvement was also confirmed when they went to Court on Monday, August 9th, and he was the second chair for Judge Scott and she received notice this date that Judge Scott will now be represented by Ralph Lorigo. Councilwoman Meegan stated that she will not be leveraged to do any bidding of any political boss that wants their relatives to benefit at the expense of the town. She represents 46,000+ people in the town, not one family.

Councilman Clarke agreed with Councilwoman Meegan’s comments and stated that they were misled and lied to. They were not bought by a political party chairman. They did their job, but someone else didn’t. Councilman Clarke took the article as an insult and specifically the statement that “Perhaps the concern should have been given more consideration when the Supervisor, the one with the legal background, voted ‘No’ on the motion and questioned the actions of the council members.” He stated that it was Supervisor Piotrowski’s motion that they went by and he was wrong, misled, or maybe even involved in it.




Page three . . .

12-C TABLED ITEMS

1. Little Loop Football Agreement

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


Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to authorize the Supervisor to enter into a mutual agreement with the WNY Officials Association in the amount of $4000 for referee fees for the 2010 Little Loop Football season, noting that funds will be transferred from the Burchfield Acct. #1.7420.0445 to Acct. #1.7140.0166.


2. Rezoning request for 266 Fisher Road



Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to deny referral of the rezoning request for two-family homes at 266 Fisher Road to the Planning Board.

On the question, Supervisor Piotrowski stated that the Assessor’s Office provided the Town Board members with a list of all homes on Fisher Road. There is one 3-family, four 2-family, and the rest are single family. It is the intention of the Town Board to keep Fisher Road single family residences.


3. Electronic sign at X-Press Sign Company on Union Road



Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the addition of an electronic message board to the existing sign at X-Press Sign Company located at 1780 Union Road conditioned on a 30-second interval requirement.





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12-C TABLED ITEMS

4. Electronic sign at Tops on Orchard Park Road



Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve an electronic gas price board at Tops located at 315 Orchard



Park Road conditioned on a 30-second interval requirement.


12-D COMMUNICATIONS

1. Supervisor Piotrowski re Status change for Nancy Dollard

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Community Development Loan Officer Nancy Dollard to part-time seasonal effective August 17, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


2. Supervisor Piotrowski re Grant application for Aviation Consultants of WNY

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution allowing Aviation Consultants to apply for a grant from the Federal Aviation Administration to pay 95 percent of the allowable costs to rehabilitate terminal aprons and hangar taxiways and authorize the Supervisor to sign the attached resolution and State Environmental Quality Review (SEQR) forms, noting that this in no way binds the Town of West Seneca to any approvals, permits, and/or licenses that may be required by the applicant for future projects or work related to Buffalo Airfield.


*APPENDICES*




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12-D COMMUNICATIONS

3. Councilwoman Meegan re Purchase of Court Room sound system & LCD panel-blu ray player

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $15,176.50 to The Stereo Advantage for a new sound system in the Court Room with LCD Panel-Blu Ray Player, noting that $9041.71 of this payment will be reimbursed to the town from the Justice Court Assistance Program (JCAP) grant.

On the question, Councilwoman Meegan stated that the town received payment of $15,468 from the grant.


4. Town Engineer re Ludwig Avenue Reconstruction Project, change order #1

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve change order #1 in the amount of $19,000.94 for Occhino Corporation, 2650 Seneca St., for adding various items of extra work on the Ludwig Avenue Reconstruction Project, Job No. L-0801.


5. Town Engineer re Purchase of sewer television inspection system

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a Cues Granite XP Inspection Version 4 sewer television inspection system and other miscellaneous equipment, support plan and training from Pierce Equipment Co., 3388 Route 22 West, Somerville, NJ 08876 at a total cost of $22,762, noting that this equipment is a sole-source purchase necessary to upgrade the town’s sewer television truck and inspection system to current technology.


6. Town Engineer re Purchase of dump truck

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a 2011 Ford F350 4 x 4 truck with a small dump body and other miscellaneous equipment from Van Bortel Ford, Inc., 71 Marsh Road, East Rochester, NY 14445, at a total NYS contract bid price of $34,216.59.





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12-D COMMUNICATIONS

7. Town Engineer re Purchase requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4494 to National Overhead Door Inc. for replacement doors at Plant 6 on Mineral Springs Road.


8. Highway Supt. re Appointment of F. Malota & J. Rappleye as part-time seasonal sanitation laborers

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Francis Malota and James Rappleye as part-time seasonal sanitation laborers effective August 2 – November 24, 2010 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


9. Highway Supt. re Status change for P. Colson & J. Klubek to part-time seasonal sanitation laborers

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Highway Department part-time seasonal laborers Peter Colson and Jeremy Klubek to Sanitation Department part-time seasonal laborers effective August 23 – November 24, 2010 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


10. Highway Supt. re Approval of additional expenses at dog training school

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to amend the motion from the June 7, 2010 Town Board Meeting, Item #11, to include an addition of out-of-pocket expenses of $561.19 at dog training school for a total cost of $1086.19.


11. Highway Supt. re Purchases requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1979.53 to Chudy Paper for janitorial supplies and $3332 to Quality Plus Inc. for a McQuay compressor.





Page seven . . .

12-D COMMUNICATIONS

12. Chief Gehen re Leave of absence for Colleen Schappert

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a leave of absence under the 1993 Family Medical Leave Act for Clerk Typist Colleen Schappert effective August 4 – 18, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


13. Chief Gehen re Leave of absence for Patricia Burch

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a leave of absence under the 1993 Family Medical Leave Act for Clerk Typist Patricia Burch effective September 1 – October 15, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


14. Chief Gehen re Purchase of Toughbook Mobile Data Terminal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one Panasonic Toughbook Mobile Data Terminal (MDT) Model 31 Touch XGA, 2 GB mem, 160 GB HDD Backlit KB w/LEDCO DOCK GEN2 from Synergy Global Solutions, Inc., 1100 Pittsford-Victor Road, Pittsford, NY 14534 at the NYS contract price of $5211.


15. Chief Gehen re Purchase of Crime Scope forensic light source

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one Mini Crime Scope 400W forensic light source with 1500 hour lifetime bulb and accessories in the amount of $14,270 from SPEX Forensics, 3880 Park Avenue, Edison, NY 08820-3012, noting that this unit will be utilized for evidence identification and collection by the detective bureau and the total cost of the purchase



will be covered by DCJS grant #LG09099442 provided by NYS Senator William Stachowski.





Page eight . . .

12-D COMMUNICATIONS

16. Chief Gehen re Attendance of Desk Lt. Fallon & Officer Burkley at training conference

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Desk Lt. Joel Fallon and Police Officer Jill Burkley to attend the New York Police Juvenile Officers Association 35th annual training conference from August 30 – September 3, 2010 at the Ramada Geneva Lakefront in Geneva, New York, at a cost not to exceed $2294.


17. Chief Gehen re Attendance of Detective Andolina & Bebak at Magloclen Narcotics training conference

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Detectives Robert Andolina and Robert Bebak to attend the Magloclen Narcotics training conference, September 7 – 10, 2010 in Ocean City, Maryland, at a cost not to exceed $1728.13.


18. Chief Gehen re Purchases requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1980.12 to David Quick for police academy expenses, $1960.43 to Derek Vasquez for police academy expenses, and $3032.25 to AmChar Wholesale Inc. for ammunition.


19. Town Clerk re Credit card agreement

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the merchant service agreement with M & T Bank that will allow the Town Clerk’s Office to accept credit & debit cards for various permits and licenses, noting that said agreement has been reviewed and approved by Town Attorney Shawn Martin.





Page nine . . .

12-D COMMUNICATIONS

20. Town Clerk re Rezoning request for vacant land on North Drive, South Drive & Grant Blvd.

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to refer to the Planning Board the rezoning request for 1000 Queens Grant LLC for vacant land on North Drive, South Drive and Grant Blvd for construction of an 83-lot single family home subdivision.

On the question, Councilman Clarke commented on the existing problems in Sewer District #13 and asked that the Planning Board take a thorough look at the situation.


21. Comptroller re Budgetary transfer request

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $14,786.02 from Contingent Account #1.1990.0480 to Town Engineer Equipment Account #1.1440.0200 to cover the purchase of a 2008 Ford Taurus approved at the July 19, 2010 Town Board Meeting.


22. Code Enforcement Officer re Revised fee schedule

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the attached updated fee schedule for the Code Enforcement Office effective August 16, 2010.




*APPENDICES*

23. Code Enforcement Officer re Budgetary transfer request

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $205 from General Mandated Training Account #1.3620.0414 to Technical Books/Membership Dues Account #1.3620.0406.





Page ten . . .

12-D COMMUNICATIONS

24. Receiver of Taxes re Budgetary transfer request

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $296.50 from Account #1.1330.0411 to Account #1.1330.0419.


25. Director of Senior Services re Status change for part-time food service helper June Edie to seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time food service helper June Edie to part-time seasonal effective August 2 – September 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


26. Director or Senior Services re Status change for Peter Schreiber to part-time seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Peter Schreiber from part-time to part-time seasonal effective August 2 – 31, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


27. Disaster Coordinator re Budgetary transfer request

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $500 from Computer Software Account #1.8760.0216 to Gasoline Account #1.8760.0416.


28. Comptroller re Bonding schedule for 2010

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the attached list of items to be bonded in 2010.


*APPENDICES*




Page eleven . . .

12-E REPORTS

· Patricia C. DePasquale, Town Clerk’s report for June & July 2010 received and filed.

· Robert J. Pinnavaia, Code Enforcement Officer’s report for July 2010 received and filed.

· Robert Bielecki, Comptroller’s accounts payable abstract July 17 – August 16, 2010, received and filed.


STATUS OF UNION ROAD STREETSCAPE PROJECT



Karen Lucachick, Greenmeadow Drive, questioned the status of the Union Road streetscape project.

Town Engineer George Montz advised that NYS changed the funding ratio which increased the town’s portion of the project from approximately $40,000 to $180,000. The total grant was $900,000.

Supervisor Piotrowski stated that they did not have $180,000 to put towards the project. They had not yet rejected the grant and will pursue it if $180,000 becomes available. He thought reconstructing the roads was more important than beautifying the town.

Mrs. Lucachick agreed but thought a code should be adopted to improve the appearance of the town.

STATUS OF AMERICORPS DEBT

Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt.

Comptroller Robert Bielecki responded that no money was received in July or August.

STATUS OF NEW SOUND SYSTEM IN COURT ROOM

Karen Lucachick, Greenmeadow Drive, requested an update on the new sound system in the Court Room.

Councilwoman Meegan stated that the Town Board had never approved the expenditure for the new sound system, so that had to be done first before the equipment was installed. The expenditure was approved at this meeting and the new system was scheduled to be installed August 23, 2010.




Page twelve . . .


OPPOSITION TO ELECTRONIC SIGNS

Karen Lucachick, Greenmeadow Drive, referred to the electronic signs approved at this meeting and commented on their appearance in town and that they create a hazard with motorists reading them. She thought the Town Board should ban these types of signs.

12-B LEGAL NOTICES

1. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 810 UNION ROAD, BEING PART OF LOT NOS. 329 & 330, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR ONE 3-STORY, 128-UNIT SENIOR APARTMENT BUILDING AND ONE 2-STORY, 47-UNIT HUD 202 APARTMENT BUILDING” in the Town of West Seneca, be received and filed. (Young Development, Inc.)


Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.

On the question, Councilman Clarke suggested that Supervisor Piotrowski recuse himself from voting on this item and any other item that Ralph Lorigo is involved with. He thought it was a conflict of interest since Mr. Lorigo is his former employer, the Conservative Party chairman and a large donator to Supervisor Piotrowski’s campaign. Councilman Clarke did not believe Supervisor Piotrowski could make an unbiased decision.

Supervisor Piotrowski stated that he voted against Mr. Lorigo many times since he first took office 2½ years ago. Because he knew Mr. Lorigo and worked for him over 17 years ago, it did not impact his ability to make an independent decision on what is best for the residents that he was elected to represent. Supervisor Piotrowski stated that he will not be recusing himself from any matters that Mr. Lorigo handles and commented that Councilman Clarke also votes for jobs for individuals that help or donate to his campaign.

Councilwoman Meegan noted that Supervisor Piotrowski just sued the town along with Mr. Lorigo and Judge Scott.





Page thirteen . . .

12-B LEGAL NOTICES

1. (continued)

Supervisor Piotrowski read the recommendation of the Planning Board: “At its July 8, 2010 meeting, the Planning Board issued a negative



declaration with regard to the SEQR and recommended approval of the request for a special permit for property located at 810 Union Road, being part of Lot Nos. 329 & 330, changing its classification from R-60A to R-60A(S), for one 3-story 128 unit senior apartment building and one 2-story, 47-unit HUD 202 apartment building with the following stipulations:”

1. Protection of areas from disturbance during construction

· Phase I development area can only be disturbed during Phase I

· Construction fencing controlling the area is not to be disturbed

2. Protection of green spaces from future development

· conservation easements

· forever wild areas

· dedication of lands

· deed restrictions

· preservation of significant trees

3. Protection of areas identified in the Phase II archaeological report

4. Condition the project to seniors only, not open for general market rentals without returning to the Town Board for a special permit

5. Approval of a stormwater protection permit and extra precautions concerning erosion and sediment control and stormwater management systems

6. Building construction types

· architectural review

· limitation on height

7. Traffic improvements/site entrance improvements

8. Limits on hours for construction activity

9. Noise dampening equipment on the HVAC and any generators on site

10. No further development on the site or limit to specified areas

11. Sewer mitigation project that is underway be completed

Attorney Ralph Lorigo, Slade Avenue, represented Young Development Inc. and People Inc. and stated their proposal to construct a 3-story, 128-unit senior apartment building and one 2-story, 47-unit HUD 202 apartment building on a 20.5 acre site that is presently zoned R-60A. He referred to §120-18 of the Town Code and recited the permitted uses in an R-60A zone without a special permit and the uses allowed with a special permit, including multi-family dwellings. Mr. Lorigo stated that the Town Board had to look at four things to make its determination: 1) location & size - nature & intensity, size of the site, location of the site with respect to streets giving access thereto; 2) screening or other protective measures; 3) offstreet parking areas & access drives; 4) Town Board can prescribe any conditions that they deem necessary. The entire Houghton College site is 37+ acres that consists of 3-story




Page fourteen . . .

12-B LEGAL NOTICES

1. (continued)

dormitory buildings, a student center, classrooms, and other building facilities. They pay no real estate property taxes to the Town of West Seneca or Erie County and no school taxes to West Seneca. The 17 acres that are not part of the special permit request are zoned R-75. The project as presented on the 20.5 acres requires no variances. A portion of the property, approximately 5.5 acres, will be owned by People Inc. and there will be access from Union Road. They propose to construct a 47-unit apartment building similar in design to Burchfield Commons located at 2290 Union Road. This will be a HUD 202 development for affordable living for seniors age 62 and over. As of May 2010, a person residing in one of these units can earn up to $22,300 and be income eligible. Mr. Lorigo stated that the proposed 128-unit apartment building will be luxury, fair market, rental units for seniors 55 and over. The units will include a monitored entry system, sprinkler system in each apartment, central elevators, indoor mail centers, emergency pull cords, and numerous other amenities. Young Development recently received approval for two other luxury senior apartment buildings – Katie’s Place on Schultz & Transit Roads and Lily’s Place on Southwestern Blvd. & Crofton Drive. Katie’s Place is fully constructed and currently renting at a much faster rate than anticipated and Lily’s Place is currently under construction. Mr. Lorigo stated that the need for senior housing in West Seneca has been well demonstrated and the proposed Southgate Senior Commons project will be the premier senior project for Young Development. He commented on the other excellent projects constructed by Young Development such as Fox Trace, Fox Trace II, self-storage facilities, the strip plaza at Southwestern Blvd. and



Angle Road, the apartment complex at Southwestern Blvd. and Angle Road, and 4060 Seneca Street, and the amount of money Mr. Young has invested in the town and how his projects have added to the tax base. Mr. Lorigo referred to news articles highlighting the controversy surrounding the project and stated that they demonstrate an unfortunate amount of misinformation that initially surrounded the project; however, Donn Esmonde’s commentary “West Seneca Needn’t Fear Senior Citizens” clearly frames the issues in their proper perspective. He commented that the prejudice originally demonstrated can be seen throughout some of the articles and letters to the editor, but many of the letters to the editor are written by West Seneca citizens and clearly show the counter balance and need and demonstrate the validity for this project. Mr. Lorigo referred to the proposed People Inc. project and stated that they have 17 other facilities of this type throughout WNY and 755 residents in those units. The average age of a resident in these buildings is 76 years, 80 percent are female and 20 percent are male. The head of household must be 62 years or older and the household may consist of only one or two individuals. This is not assisted living and the seniors must be fully capable of living on their own. Mr. Lorigo stated that according to the latest demographics the Town of West Seneca has 5638 households aged 62 and older, 18.25 percent are renters and 81.75 percent are homeowners. Sixty-five percent of the renters and 44 percent of the homeowners earn less than $20,000 annually, so they all would be eligible to have an apartment in this project. In 2008, the number of seniors 62 years and older in West Seneca was 8963 and they are the fastest growing segment of the town’s




Page fifteen . . .

12-B LEGAL NOTICES

1. (continued)

population. Factoring in the fact that the average age of a resident in this type of complex is 76 years, clearly increases the percentage of residents in West Seneca that qualify to live in the People Inc. building. Mr. Lorigo stated that a complete and thorough review of the project was completed by the Planning Board and Wendel Duchscherer, including a full SEQR review. A negative declaration was granted on July 8th and approval of the special permit was recommended. If the Town Board approves the special permit it can prescribe any conditions they deem necessary or desirable, and if approved, the project will go back to the Planning Board for site plan review. Mr. Lorigo noted that one of the big issues with the project is the condition of the town’s sewer system and a lot of information has come forth regarding specific problems in Sewer District #13. The town is under a DEC order of remediation, but the proposed project will benefit the town in its remediation obligation. The DEC has determined, and the developer has agreed, that if the project qualifies the DEC will allow approval at a minimum ratio of 4:1 of extraneous flow removed from the sewer system to new flows added, annualized and normalized for rainfall. Therefore, for every new gallon introduced to the system by the proposed development, the developer must remediate four gallons of waste. This will allow the town to remediate at less expense to the residents and in a quicker fashion than if the project is not approved. Mr. Lorigo stated that there have been many misconceptions about the project. Questions have been asked about affordable housing, tax revenues, who lives in this type of housing, why it is needed, how many senior housing project already exist, etc. and Mr. Lorigo submitted these questions along with their answers.

Councilwoman Meegan referred to a letter from Steven Doleski, Regional Permit Administrator with the DEC, dated July 30th stating that they were surprised to receive the negative declaration issued by the Planning Board since they understood that because of the controversy related to the project and unresolved sanitary sewer overflow issues, that an environmental impact statement would likely be required. They commented on the 2500 gallons per day of additional sewage to the town’s sanitary sewer system and the necessary sewer extension approval and stated that sewer system flow data for the project, a downstream sewer capacity analysis, and other documentation must be received to be considered a complete sewer extension submission. Councilwoman Meegan questioned if this had been done.

Town Engineer George Montz stated that he spoke to Mr. Doleski and his main concern was that the 4:1 mitigation be setup prior to site plan approval being given.

Mr. Lorigo stated that the Town of West Seneca had an obligation to correct, mitigate and repair the sewer lines. If a developer wants to come into the town with a project that will add flow to the sewer system, they must remediate with a 4:1 ratio, so the developer and his development will actually benefit the town.




Page sixteen . . .

12-B LEGAL NOTICES

1. (continued)

Councilwoman Meegan again referred to Mr. Doleski’s letter that stated the DEC had “only received downstream sewer capacity analysis information, but no specific information to review for the proposed 4:1 ratio offset work. Therefore, the sewer capacity concern remains.”

Mr. Lorigo referred to a letter dated May 13th from Town Engineer George Montz stating, “This is to certify that adequate capacity exists in the downstream sanitary sewers for estimated flows from the above project. Also, the engineer for the developer has verified that there is adequate pressure and flow in existing watermains to serve the remaining domestic and fire flows at the site.” Mr. Lorigo further stated that Mr. Doleski’s letter states that the DEC believes the 4:1 mitigation will address the issue satisfactorily.

Councilman Clarke did not understand how the 4:1 mitigation would stop sewage from flowing onto the residents’ lawns.

Mr. Lorigo stated that the residents have had this problem since 2003 and the town has been doing its best to remediate it over the years. Other cities and towns with older sewer systems are experiencing the same problem and they are bringing in developers to assist with



the cost factor involved in doing the remediation. The 4:1 remediation was put in place by the DEC and Mr. Young has agreed to follow that.

Lowell Dewey of C & S Engineers stated that the sewer system is old and there are cross connections from people connecting their roof downspouts into the sanitary sewer system. There are also pipes with leaks and manholes that are leaking because they are low in the ground and surface water flows over the top in a rain storm. Mr. Dewey stated there is no problem in dry conditions, but when it rains hard there is an overflow situation. The DEC will allow development to occur if the developer acknowledges the problem and repairs the leaky sewers. They must eliminate the storm water coming into the sewer and cut it back by a ratio of 4:1. People have to disconnect their downspouts so that water goes to the storm sewer and the leaky sewers must be lined, which the town is currently doing. The town is also studying the sewers and when the study is done Mr. Montz will inform them where the leakiest sewers are so the developers can fix them. By doing this, when it rains they will not convey storm water anymore. The flow in the pipes will be reduced and they will only convey sanitary sewage.

Councilman Clarke could not see how adding more to the sewer will solve the problem and suggested that they wait until the sewer problem is resolved before proceeding with the project.




Page seventeen . . .

12-B LEGAL NOTICES

1. (continued)

Mr. Lorigo stated that this is a partnership between the DEC, Town Engineer and the developer. The Town Board can appropriate funds to fix the problem and should be doing that if they have the funds. A development such as this will add to the town’s resources because for every gallon they put into the sewer they have to remediate four gallons. This is a benefit to the town both financially and with regard to the time frame for remediating the sewers. Mr. Lorigo asked Mr. Montz if there was capacity for this project and if the addition of this project with additional funds will assist with remediation of the existing problem.

Mr. Montz stated that in his opinion there was capacity for the proposed project. They checked the existing flow in approximately four manholes downstream and checked it over a period of five days, two of which were considered wet weather days. There was capacity in the downstream system. Mr. Montz further stated that the proposed project with additional funds will assist with remediation of the problem and the time to do that is in October because they are in the middle of a sewer system evaluation study that is about half done. By mid-October there will be recommendations from the study and he had discussed this with Mr. Doleski who also thought that was an excellent time to get together with the developer and DEC and agree on which items the developer can do or work out a financial arrangement to have them done.

Mr. Lorigo referred to the existing buildings on the site and stated that the 3-story dormitory buildings will be demolished and the only building that will remain is the Lambein building. The two apartment buildings will then be constructed on the 20.5 acres. Site lines were shown to demonstrate the site situation and Mr. Lorigo noted that Mr. Young owns Seasonal Landscaping and understands how to install landscaping to block the line of site with trees.

David Bonner, Gervan Drive, agreed that People Inc. provided a service to seniors and that more facilities like the proposed project were needed to accommodate the baby boomer group, but they should not be built in Sewer District #13. He could not find any sense in overloading a sewer system that was already poorly designed and noted that the engineer said the 4:1 mitigation will reduce, not eliminate, the sewage that backs up on the properties. Mr. Bonner stated that he did not have an argument with People Inc. and found it ironic that Mr. Lorigo would focus on that in his presentation and touch very little on the fact that the other part of the project is the massive, 3-story, 128-unit apartment building. Mr. Bonner presented a document that outlines the residents’ feelings on this issue and requested that the Town Board deny the special permit. He further asked that Supervisor Piotrowski recuse himself from voting on the special permit and referred to minutes from the December 21, 2005 Planning Board meeting when Mr. Young was proposing an apartment complex on Seneca Street and Supervisor Piotrowski’s father, a NYS Real Estate Appraiser, commented on how the project would diminish the value of other properties in the area. He also commented on the saturation of apartments in town and the number of vacant apartments in other




Page eighteen . . .

12-B LEGAL NOTICES

1. (continued)

complexes. Mr. Bonner referred to the 15 questions from the fire department and stated that none of them were addressed during the SEQR. He was told that these would be taken care of during site plan review; however, because of the size and nature of the building, he thought fire and rescue were of primary importance to consider before any vote is taken. Mr. Bonner stated that although the proposed 128-unit facility is specified for seniors, federal guidelines state that senior housing apartments must allow 20 percent non seniors and this could have a big impact on the school system. He also understood that a facility could be challenged in court if they refuse to rent to someone under 55 if they have an available unit. Mr. Bonner commented on an article in the July 22, 2010 West Seneca Bee concerning a study in Sewer District No. 13 and remediation that is expected to span about 18 years. He also stated that he could not tell if the NYSDOT had signed off on the portion of the SEQR study relative to traffic congestion and noted that the traffic they studied was for a school that was almost out of business on the site. Mr. Bonner referred to the town’s Comprehensive Plan and hoped the Town Board would take it into consideration when deciding on this project. It is supposed to be the road map for the town and it outlines what is most important to the residents and the threats and weaknesses. The high traffic volumes on Union Road were a threat to making the Union Road corridor a town center and a zoning change that added traffic to the area was contrary to the Plan. Mr. Bonner commented on the wetlands and green space and stated that the Houghton College site was deemed to be a critical environmental area by a committee that consisted of a wide spectrum of the town’s



population. He encouraged the board members to read the information on SEQR contained in the submittal and suggested that the Town Board become lead agency since the special permit is their decision not the Planning Board’s. Mr. Bonner referred to the DEC letter dated July 30th that states “no sewer line connections will be authorized for the Southgate Commons Senior Community Project until the appropriate flow information and other documentation is provided for review purposes, and mitigation project(s) has/have been carried out to provide the actual extra sewer line capacity,” and stated that they were saying the project could not move forward. The same letter also requested copies of the Planning Board minutes, resolutions passed with respect to the negative declaration, possible sanitary sewer overflow correction possibilities that might have been proposed, and addresses or location information relating to property owners that were complaining about the recent overflow and sanitary waste on their properties. Mr. Bonner questioned if this information had been forwarded to the DEC.

Supervisor Piotrowski stated that the complaints would be coming in to the Engineering Department so they would forward that information to the DEC.

Town Engineer George Montz stated that he had not received any complaints but he will forward them when received.




Page nineteen . . .

12-B LEGAL NOTICES

1. (continued)

Mr. Bonner stated that when the petitions were being circulated opposing the proposed project, the residents were not happy about anything being built in Sewer District 13. He recited a letter he sent to the DEC in response to their July 30th letter calling to their attention the Leydecker Road pump station that has a bypass line that brings sewage directly to Cazenovia Creek during heavy rain periods that overflow the capacity of the pumps in that station. He also understood that the bypass line did not currently have a permit from the DEC and other bypass lines within the town do. Mr. Bonner commented that the problem in Sewer District 13 was much larger than the SPDES reports indicated and he asked Mr. Montz to comment on the bypass line that runs from the Leydecker Road pump station.

Mr. Montz stated that they were currently reviewing it and will be discussing and addressing it with the DEC shortly.

Mr. Bonner stated that not only is there 143 million gallons of raw sewage flowing into the area, the creeks & streams, front lawns, and basements, the bypass line that is unpermitted, undocumented, and unmeasured adds untold millions of gallons more. He did not fault Mr. Young for wanting to build but stated that the problems with Sewer District 13 should be fixed before any large construction takes place.

Jim Byrne, Park Lane, stated that in 1982 a developer wanted to put 128 housing units and 60 HUD units on the same property. At that time, the Town Board denied the project at the first meeting, based on the fact that the infrastructure in West Seneca could not take additional multi-family structures. Mr. Byrne questioned what had been done since that time to contribute to the protection of the taxpayers so they are not facing the existing problems. He noted that in 2003 the town received a letter from the DEC informing them that they had to bring their sewer system in line under some type of agreement and Sewer District 13 cannot work for this project. Mr. Byrne questioned if the town had ever been fined with regard to the sewer issues.

Mr. Montz was not aware of the town being fined in the last 25 years and stated that they were under a consent order. They recently finished an inflow and infiltration study and a list of areas was prioritized. The next step is the pilot sewer study and they expected the results by the end of October.

Melissa Peters, West Seneca resident, stated that Mr. Young was willing to help fix the problem with Sewer District 13 and she did not understand why people would oppose that. Although there is a sewer problem, Ms. Peters felt the residents were opposed to the People Inc. project. Ms. Peters thought the proposed project would be a safe and affordable place for seniors to live. There will be less emergency calls because the residents will not have large houses to take care of, and therefore, less chance of injury.




Page twenty . . .

12-B LEGAL NOTICES

1. (continued)

Steven Walters, Supervisor of the Town of Hamburg, stated that he was asked by People Inc. to attend the meeting to share his town’s relationship with them. The Town of Hamburg entered into a partnership with People Inc. in 1992 when they built Iris Housing, a senior housing complex. As part of the partnership, People Inc. gave the town almost 4000 sf of space for use as a senior citizen center. Since that time, the town has built a therapeutic aquatic center, senior fitness center, meeting hall, dining room, and recreation room in the space. They again gave the town space a couple years ago when a second People Inc. facility opened and by the end of this year there will be a senior technology center opening. These were things the town did for their seniors that they could not have done without People Inc. Supervisor Walters commented on the question of property values of the homes immediately surrounding the People Inc. projects and stated that they did an analysis and found that the average homes were in line with average homes throughout the town. More importantly, the values of the homes surrounding the People Inc. properties increased up to four times from 2007 to 2010. Supervisor Walters further stated that although Hamburg’s beaches have been closed in the past due to sewer overflows, a study indicated that the overflows were not coming from within the Town of Hamburg, they were coming down the creeks into the east bay of the lake. There was a similar problem in the section of town near the Wal-Mart Super Center and Wal-Mart did a 4:1 mitigation project. During the last two years there were no sewer overflows, so the



mitigation efforts do work.

Eleanor Paul, Gervan Drive, stated that she is a senior citizen and has lived in her home for the past 54 years. She and most of her neighbors built their homes and still reside there. Ten to twelve of the residents are 80 years of age and older and some have their children living with them and help them. Mrs. Paul was opposed to the proposed project because she enjoyed the Houghton College property for so many years. She was not happy with the proposal for a 3-story building and suggested that the town take over the property and put the historical society, band shell or senior citizens center there. The Police Department could then move to the senior citizens center on Seneca Street and that would solve their problem of needing more space. Mrs. Paul also referred to the eyesore properties in town such as the old Bellwood School, the former Seneca Mall site, and the former Tops Market on Ridge Road, where this project could be located.

Timothy Murek, West Seneca resident, did not believe the project should proceed until the DEC study is done. He further suggested that the Town Board require Mr. Young, or any developer, to post a bond to cover any future problems that might occur with the sewer. Mr. Murek thought it was odd that Hamburg Supervisor Walter would speak at this meeting and stated that he would be checking to see if he got any contributions from Mr. Young or People Inc.




Page twenty-one . . .

12-B LEGAL NOTICES

1. (continued)

Lucy Murray, Orchard Park Road, stated that she calls the Engineering Department up to eight times each year to advise them of the raw sewage in her yard and have someone come out and clean it up. At times when it rains, there is a 5 to 6 foot high fountain coming from the sewer. Mrs. Murray stated that she approached the Town Board about this in 1993 and was told there was nothing that could be done. The town has continued to develop since then and the 4:1 mitigation was done, but the problem has not lessened. Mrs. Murray stated that the problem in her front yard still exists and asked that any permits for Sewer District #13 be denied. She noted that she was not against seniors; she was against the sewage in her front yard.

Jeannette Zahm thought that the town will miss a great opportunity to have a premier campus for their seniors if they turn this project down. She could not see the property being used for single family homes and suggested that West Seneca do as Hamburg did and be proud of it. Mrs. Zahm agreed that the sewage problem needed to be addressed and thought it was great that a developer was willing to invest in and correct the problem. If Mr. Young is unable to do that, she did not believe the project should proceed. Mrs. Zahm stated that seniors want to be independent and do not want to have to depend on their children.

Caren Kolerski, Lyndale Court, referred to the inscription “A Community of True Inspiration” on the town seal and questioned where the inspiration was and if the vision for the town was becoming rather narrow. She would not want sewage in her front lawn and agreed that the sewer problem had to be fixed. Ms. Kolerski stated that the seniors deserved a beautiful place to live, but the residents with sewage in their yard also deserved a beautiful place to live. She suggested that instead of saying “we can’t” they should be saying “how can we make this happen in West Seneca.” Ms. Kolerski referred to a statement from Dr. Bill Thomas, a gerontologist and founder of the Eden Principle with new ways of housing elders, “There are three things that will kill our elders – loneliness, boredom and isolation.” She had an opportunity to hang out with seniors at these apartment complexes and they are creating a great sense of community and family. Ms. Kolerski suggested that everyone stop and consider what they are actually afraid of with this project and thought that some may be afraid of aging, death and loneliness.

Joe Yezzi, Elmsford Drive, stated that he was not against the senior project at Houghton College, but he thought they should take care of the sewer problem first. He has lived on Elmsford Drive 26 years and the sewers continue to back up in his basement. Mr. Yezzi could not see adding capacity to a system that is already overloaded.




Page twenty-two . . .

12-B LEGAL NOTICES

1. (continued)

Mr. Montz stated that the town has been lining sewers along the Orchard Park Road trunk system for the last ten years. This year they have a project under contract for lining along East & West Road and Elmsford Drive is planned for next year. Under the inflow and infiltration study, the section of sewer along Orchard Park Road was the tightest section of sewer of about 20 sewer sheds, so that area was the best with regard to infiltration. They were also able to eliminate one of the overflows located at W. Cranwood Drive and Orchard Park Road as a result of the lining project.

Lucy Murray realized that the relining project was not finished, but stated that it has not eased the situation. The lining is taking care of the water coming down through the lines on the sides of the roads, not resolving the problem. She referred to the sewer camera purchase at this meeting and questioned where it will be used and why it has taken this long to order a sewer camera.

Mr. Montz responded that this was not the town’s first sewer camera; it was an upgrade to the existing system. They had to bring the existing television system up to current standards because the old one was ten years old.



Thomas McGowan, Carla Lane, referred to problems he has experienced with Lily’s Place on Southwestern Blvd. that he thought will also be a problem for the residents if the proposed project is approved. Instead of looking at 3.5 acres of trees behind his house, Mr. McGowan now looks at a four foot pine tree and an apartment building, of which the first floor is slightly higher than his second floor so he no longer has any privacy. Over the last couple weeks, the residents of Carla Lane had their back yards flooded from the apartment complex. This happened after the trees were planted and the landscaping done. Mr. McGowan stated that since April 2010, he and his neighbors have endured loud music from the foreign workforce, dust, noise from the roofing and portable generators, and house shaking from heavy construction equipment. He did not expect that project to be as large as it is or that 3.5 acres of trees would be destroyed. Mr. McGowan commented that the surrounding residents were not anti-senior; they just wanted what was best for the town and their neighborhood. He did not believe that Mr. Lorigo or his clients had a good track record when it comes to the truth. Buffalo RV did not fulfill everything they said they would, i.e. snow removal. All snow was supposed to be taken to the west side of the project so it could melt into the nearby holding pond, but that has not happened. They were also supposed to plant $100,000 to $150,000 worth of trees along the back of Buffalo RV, but that did not happen. At the Planning Board meeting for Lily’s Place, the board members proposed a road around the back side of the project in case of a fire. Currently there is no paved road and only a bunch of decorative blocks not wide enough for a fire truck to turn around and it does not go completely around the building. He further stated that the landscaping and other debris was pushed onto his property and after contacting the Code Enforcement Office they promised it would be taken




Page twenty-three . . .

12-B LEGAL NOTICES

1. (continued)

care of. Mr. McGowan stated that he found out Mr. Lorigo and former Supervisor Clark had some kind of working relationship when Buffalo RV appeared before the Town Board for a vote and the Supervisor should have recused himself. He expected to see a change in the way the Town Board does business since there are now three new members. Mr. McGowan asked each of the board members if they had a working relationship with Mr. Lorigo and all three responded “no”. He referred to a newspaper article that stated Mr. Young does not build these housing projects if the property needs a code change and stated that this was not a true statement since Lily’s Place needed a code change. Mr. McGowan also read that Mr. Young had stated that the Houghton College project was a “done deal” even before the Planning Board voted on it and he thought that Mr. Young had a lot of nerve to say that and was bold and brass. He asked that the board members visit Lily’s Place and see what it has done for the residents of Carla Lane and Crofton Drive. Mr. McGowan thought it had ruined the character of the neighborhood in many ways and the project at Houghton College would be worse because it was much larger.

Councilman Clarke stated that he recently visited Lily’s Place and he questioned what happened to the trees that were supposed to remain along the property line of the Carla Lane residents.

Mr. Lorigo stated that it was the responsibility of the Code Enforcement Office to enforce what is approved on a project and part of the minutes.

Code Enforcement Officer Robert Pinnavaia stated that Lily’s Place did not yet have a certificate of occupancy so his office had not conducted a final inspection. He understood the drainage problem was fixed and the residents were satisfied with the swale and regrading. With regard to the decorative block, Mr. Young asked the Code Enforcement Office if he could install a special stone instead of pavement that would beautify the rear of the building and still be able to support fire apparatus. Mr. Pinnavaia requested information that the blocks would withstand the pressure of a multi-ton vehicle and Mr. Young furnished that information, so he allowed the decorative blocks to be installed. The plan will be reviewed and any trees that were supposed to be there will be planted before a certificate of occupancy is issued.

Johanna Guenther, Neubauer Court, stated that the Town Board’s first priority was to protect and watch over the residents and if they don’t do that no one else will. She commented that the appearance of the town was not what it should be and also noted that the people opposed to the project were not against senior citizens. Mrs. Guenther thought that the Houghton College site was a jewel for the town and would be a perfect place to make the town center. She suggested moving everything over there instead of building apartments that are not just for West Seneca residents. Mrs. Guenther further commented on the nightmare Sewer District 13 has been and urged the Town Board to vote on this issue at this meeting.




Page twenty-four . . .

12-B LEGAL NOTICES

1. (continued)

Arlene Vogt, Union Road, stated that she works with senior citizens every day and loves her job, so no one could say she was against seniors. Mrs. Vogt stated that she built her house 15 years ago and if this project is approved she will no longer have beautiful trees to look at. This was a single family home neighborhood and she thought it was unfair to the residents to put this project at this location.

Maryann O’Day, Brookside Drive, stated that she lived in West Seneca her entire life and has worked for People Inc. for 22 years, 10 of those years in a senior apartment complex. She commented on the desperate need for senior housing and their huge waiting list and asked that the Town Board not drag their feet on voting on this issue. Ms. O’Day stated that they needed to work things out and were trying to offer a compromise.

Beverly Leising stated that she attended the July 19th Town Board meeting and offered to help with the sewer problem at 1021



Orchard Park Road and still nothing has been done to clean up the top of the manhole at that location.

Mr. Montz stated that he will have his office assess the situation tomorrow and get it cleaned up.

Mr. Lorigo agreed there were legitimate issues with regard to the sewers, but referred to comments about subsidized rental property made by Mr. Bonner when the project was initially proposed. Mr. Lorigo understood there was a lot of negative sentiment and misinformation at the beginning and that was the basis that got people involved in the campaign against the project. He noted that there will be no impact on the schools because school age children will not be living there, but 32 of the 37 acres will be paying school taxes. There is no tax revenue currently coming from the property. Also, under federal and state law senior complexes have a right to be strictly senior complexes and HUD mandates that for 40 years the property must be maintained as senior housing for those 62 years of age and older. Mr. Lorigo commented that this was an excellent project and it fit all the zoning requirements in the town. The sewers have been a problem since 2003 and the problem was not created by this project. Mr. Lorigo noted that no developer ever used the 4:1 ratio until it was proposed for the Camelot Square extension on Angle Road and this will be the second project that will benefit the town by providing more funds to resolve the sewer problem.




Page twenty-five . . .

12-B LEGAL NOTICES

1. (continued)

David Bonner agreed that the signs originally displayed in the residents’ front yards on Union Road were in poor taste and he apologized for the wording on some of the signage. He stated that five months ago when the project was initially proposed they were unaware of the magnitude the town was facing. Mr. Bonner stated that he and no one associated with him is opposed to People Inc. or senior housing of any type being built in West Seneca, except for in Sewer District 13. If Mr. Young or any other developer in the future can first fix the problem that exists in Sewer District 13, he will be the first one with a shovel to dig the first hole on the Houghton College property.

Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to close the public hearing.


Motion by Councilman Clarke, seconded by Councilwoman Meegan, to table this item.


2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5029 CLINTON STREET, BEING PART OF LOT NO. 9, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR USED CAR SALES” in the Town of West Seneca, received and filed. (George Boller)

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ADJOURNMENT

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:50 P.M.


_______________________________________




EXHIBIT “4”

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Board Meeting Minutes 09/20/2010

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2010-13 West Seneca, NY 14224 September 20, 2010


ROLL CALL: Present - Wallace C. Piotrowski, Supervisor Sheila M. Meegan, Councilwoman Dale F. Clarke, Councilman Absent - None



· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-12 of August 16, 2010.


· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the August 30, 2010 special meeting.


13-B HELD OVER PUBLIC HEARINGS

1. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1696 ORCHARD PARK ROAD, BEING PART OF LOT NO. 414, CHANGING ITS CLASSIFICATION FROM R-50 TO R-50(S), FOR A FIVE-UNIT APARTMENT BUILDING” in the Town of West Seneca.

(Sean & Maria Hanley)

2. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 810 UNION ROAD, BEING PART OF LOT NOS. 329 & 330, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR ONE 3-STORY, 128-UNIT SENIOR APARTMENT BUILDING AND ONE 2-STORY, 47-UNIT HUD 202 APARTMENT BUILDING” in the Town of West Seneca. (Young Development, Inc.)



Motion by Councilwoman Meegan, seconded by Councilman Clarke, to adopt the following resolution:

WHEREAS, the Town of West Seneca received an application for a special permit dated February 5, 2010 from Young Development for a multi-family/senior apartment complex to be located on the Houghton College property at 810 Union Road; and

WHEREAS, the application was initially reviewed by the West Seneca Planning Board on March 11, 2010 for their review and recommendation on the special use permit; and

WHEREAS, the Planning Board established itself as the designated SEQR Lead Agency in accordance with the SEQR requirements and conducted a coordinated review of the proposed actions; and

WHEREAS, the Planning Board, through several meetings, reviewed the application and plan along with amendments to the application and plan and completed the coordinated SEQR review process; and

WHEREAS, the Planning Board completed the project review and recommendation process on July 8, 2010 by issuing a SEQR Negative Declaration, making their recommendation on the special permit, and providing the information they generated through this project review process to the Town Board; and

WHEREAS, the Town Board held the required public hearing for the special permit on August 16, 2010 and has reviewed the information provided by the applicant and the Planning Board; and

WHEREAS, the Town Board in accordance with special use permit Town Law has utilized the information gathered to date, the

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recommendations of the Planning Board, and public input to consider the special use criteria in the West Seneca Zoning Law, Section 120-123, and other criteria they consider important and relevant to this special use permit request and the project; and

WHEREAS, the Town Board has determined that the following issues/findings do not support the issuance of a special permit:

1. The sewer system in this area is in very poor shape and there have been recent severe failures in the sewer lines. 2. The project is not in accordance with the town’s Comprehensive Plan, which illustrates this area as a “Suburban Area” of typical single-

family home characteristics and construction. At the time that the Comprehensive Plan was completed it was not envisioned that Houghton College would be discontinuing its use of the land and that a new use would be proposed. The current zoning does not appear to be proper for this site.

3. Information submitted by the applicant has shown that the proposed three-story structure and the two-story structure at the rear of the site will be clearly visible from the surrounding single-family residential neighborhood, thus changing the character of this single family neighborhood and impacting the orderly development of the district (Section 120-23A(1) of the West Seneca Code).

4. Removal of existing trees on the site and the proposed screening will not adequately protect any adjacent properties from objectionable aspects of this use (Section 120-23A(2) of the West Seneca Code).

NOW, THEREFORE, BE IT RESOLVED, that the West Seneca Town Board, in accordance with Section 120-23 of the West Seneca Town Code, has found that the proposed project at 810 Union Road does not meet the standards for the issuance of a special permit and that the characteristics of the proposed project would adversely affect the adjoining neighborhood; and, be it further

RESOLVED, that the West Seneca Town Board hereby denies this special permit request based on the previously articulated findings.

On the question, Supervisor Piotrowski stated that for the past 25 years the West Seneca Town Board has a history of illegally denying commercial and residential projects in town. The general basis for prior denials is resident complaints which led the Town Board to foster illegal reasons for the denial. The town is then sued by the developer who prevails in NYS Supreme Court. The lawsuits have cost residents tens of thousands of dollars of town money in the form of payments to attorneys to litigate the losses. The town also loses the ability to place conditions on the project that may pacify the objecting residents and address issues of concern to the Town Board. Past judgments from the NYS Supreme Court merely permitted the projects to proceed without any conditions from the town. Supervisor Piotrowski stated that they were again traveling this same path. People Inc. made two prior applications for senior housing in the town – one location on Seneca Street between Sky Hi Drive and the

senior citizens center and another on Clinton Street near French Road. On both occasions the majority of the Town Board denied the application. Supervisor Piotrowski thought that a third denial was clearly an indication of an anti senior citizens sentiment and will subject the town to a lawsuit by any number of organizations for discriminatory housing practices such as is being heard in the Town of Orchard Park at this time. Further, the property is zoned properly for the proposed use; the Town Board just has the authority to place conditions on the use pursuant to Town Code, Section 120-23, which states that “such uses shall be deemed to be permitted uses in their respective districts, subject to the requirements of this section in addition to other requirements of this chapter.” The Code then sets out four standards that permit the Town Board to place conditions and restrictions on the development; it does not permit them to deny the application. With regard to the sewer district, Councilman Clarke asked at the last meeting how adding more sewage to the sewer system will solve the problem. The response from the NYSDEC is that it will through a remediation program. For every gallon of sewage put into the system the developer must take four gallons out, so there will end up being less flow after the project is developed. In February 2008, the Erie County Department of Environment & Planning sent the board members, Town Attorney and Town Engineer their 62 page report about the town’s sewer system. Their estimate to repair the problem in this sewer district is $70 to $80 million. Supervisor Piotrowski thought they should have developers begin to pick up part of this cost. Repairs will take at least a decade to complete. They cannot stop development in town. Stopping development in West Seneca will also affect neighboring towns that tie into that system. Almost one-half of the town is serviced by Erie County Sewer Districts #1 & #3. The county’s policy is to permit construction with mitigation. Other towns enlist the same mitigation procedures authorized by the DEC and Supervisor Piotrowski thought West Seneca should do likewise. With regard to the Comprehensive Plan, in the past 10 years the Town Board has permitted construction of other apartment and senior apartment complexes in other areas of town that neighbor single and two-family dwellings like the project that is proposed. The term “Comprehensive Plan” is actually a misnomer since it must take into account future changes in the town. The Town Board that adopted the Comprehensive Plan could have also enacted changes in the zoning map of the town, but it did not. Every R-60A zoning designation in town neighbors single and two-family residentially zoned property. They must work with the zoning map as it currently exists. Other senior complexes are located within the suburban area as defined by the Town Planner and submitted in the resolution. The property as it currently exists contains two and three story buildings. In the past 10 years almost every two-story senior apartment complex that has been constructed in West Seneca can be seen by a single and two-family residential home. As with past projects that were approved, the Town Board can require a mix of trees and man made screening for the project. Supervisor Piotrowski did not believe they had a legal basis to deny the project and thought the project should be approved for the following reasons: 1) to provide housing for seniors which is very much needed in the community and 2) to provide tax revenue for the town.

Councilman Clarke commented that projects such as this were approved in the past because of political favoritism. He walked that area a few days ago when the sewer overflowed. The smell was awful and one manhole had water shooting out about 18’ high into the creek, so there was a lot of pressure behind it. Councilman Clarke stated that building this project was not progress and will only punish the residents.

Councilwoman Meegan referred to Supervisor Piotrowski’s comment that “denial was clearly an indication of an anti senior citizens sentiment” and stated that she and Councilman Clarke both voted in favor of several senior apartment complexes since they were elected so this statement could not be further from the truth, and they have supported many of Mr. Young’s projects in West Seneca. With regard to the 4:1 mitigation, Councilwoman Meegan thought that ratio should be changed to 6:1. She also suggested the board members hold a work session to discuss the problems in Sewer District #13.

Ayes: (2) Councilwoman Meegan, Councilman Clarke

Noes: (1) Supervisor Piotrowski Motion Carried

Councilwoman Meegan asked that a public work session be scheduled as soon as possible concerning Sewer District #13. She also was in the Houghton College area a few days ago when the sewer overflowed and discussed the situation with Town Engineer George Montz. There are a lot of issues and there is a current project and study underway, but they need to have further discussions. Unfortunately, it’s difficult to have discussions due to the current makeup of the Town Board. Councilwoman Meegan also asked for the public’s input on the issues in Sewer District #13.



Supervisor Piotrowski suggested the work session on Sewer District #13 be held October 18th at 6 P.M.

13-C COMMUNICATIONS

1. Supervisor Piotrowski re Amendment of seasonal status dates for Nancy Dollard

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to amend the dates for seasonal status for part-time Community Development Loan Officer Nancy Dollard to September 17, 2010 through March 17, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


2. Town Attorney re Bond resolutions

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached nine bond resolutions with regard to the following:

13-C COMMUNICATIONS

1. Highway improvements to Ludwig Avenue, Collins Avenue, Graham Avenue, Burch Avenue, and French Road, as well as improvements to the intersection of Union Road and North America Drive, in the Town of West Seneca.

2. Purchase of equipment and vehicles, namely four (4) grass tractors, one (1) ball diamond groomer, two (2) paint sprayers and (1) cube van truck.

3. Replacement of traffic signal equipment at the intersection of Seneca Street, Center Road, and Kelsey Drive in the Town of West Seneca.

4. Purchase of leaf removal equipment, namely two (2) leafers.

5. Purchase of a log loader truck.

6. Purchase of mowing equipment, namely a gang mower.

7. Improvements to town owned recreational facilities, namely resurfacing of the tennis courts and basketball court in Fireman’s Park in the Town of West Seneca.

8. Repair of certain town owned facilities, namely the floor outside the compressor room at the town ice skating rink.

9. Purchase of a chipper.


3. Town Attorney re Princeton Estates Subdivision Phase II – acceptance of deed

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the deed to portions of Alexander Road, Chancellor Lane, Corwin Drive, Chambers Road, Lockhart Road and conservation areas and detention ponds within Princeton Estates Subdivision – Phase II for dedication and filing in the Erie County Clerk’s Office.


4. Town Attorney re Snow plowing agreement with Erie County

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the snow plowing contract with Erie County for years 2010 – 2013, noting that the county will reimburse the town for plowing various county roads per lane mile as follows: 2010 thru 2011 - $3077.67 per lane mile; 2011 thru 2012 - $3231.55 per lane mile; 2012 thru 2013 - $3393.13 per lane mile.


5. Town Attorney re Standard workday & reporting resolution

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution to bring the town into compliance with new regulations set forth by the New York State Office of the State Comptroller.


*APPENDICES*

6. Town Engineer re Princeton Estates Subdivision Phase II – final acceptance

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the Princeton Estates Subdivision – Phase II, Sublot Nos. 32 – 37, 61 – 69, 74, 90 – 118, 128 – 132, 141 – 144 and 153 – 154, completed by Cimato Brothers Construction, Inc., 9220 Transit Road, East Amherst, NY 14051 under Public Improvement Permit No. 09-02.




7. Town Engineer re Princeton Estates Subdivision Phase II – NYSEG street lighting proposal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the NYSEG street lighting proposal for an annual increase of $510.72 for adding 21 70-watt high pressure sodium lights in the Princeton Estates Subdivision – Phase II, Electric Lighting District No. 63.

On the question, Councilwoman Meegan referred to wording in the NYSEG proposal concerning the lighting levels and questioned if it meant the levels were poor.

Town Engineer George Montz responded that this was a standard clause that NYSEG started putting into all their lighting proposals. The lights are designed by the town, installed at every second lot line, criss-cross from one side of the street to the other, and they are all 70-watt high pressure sodium.


8. Town Engineer re Purchase requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4541.16 to DLT Solutions, Inc. for annual software subscription and support renewal.


9. Highway Supt. re Status change correction for part-time seasonal sanitation laborers

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Highway Department part-time seasonal laborers Ronald Balys, Peter Colson, and Jeremy Klubek to Sanitation Department part-time seasonal laborers effective August 23 – November 1, 2010 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


10. Highway Supt. re Appointment of Robert Kaminski as part-time laborer in Bldgs & Grounds

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Robert Kaminski as part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective September 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


11. Highway Supt. re Status change for seasonal Bldg & Grounds laborers to part-time

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, change the status of the following part-time seasonal laborers in the Buildings & Grounds Department to part-time at a rate of $7.25 per hour effective September 20, 2010:

James Brady Jacob Ciulla Anthony Domros Jacob Hiam John Kaminski Donald Kruger Eric Lus Rick Mingle Dennis Rich Harold Schwartz James Zimmer and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


12. Highway Supt. re Status change for part-time laborer M. Smith from Highway to Bldgs & Grounds

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Mitchell Smith from part-time seasonal laborer in the Highway Department to part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective September 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


13. Highway Supt. re Status change for part-time laborer M. Melski from Recreation to Bldgs & Grounds

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Matthew Melski from part-time seasonal lifeguard in the Recreation Department to part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective September 20, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.




14. Highway Supt. re Purchases requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Highway Department:

Valley Tire Co., Inc. (tires) $1872.54

Fleischmann’s Service Corp. (service & inspection on three vehicle lifts at highway garage) $1884.26

Lakeside Supply Co., Inc. (diamond material) $2301.00

Chudy Paper Co., Inc. (janitorial supplies) $1883.89


15. Chief Gehen re Military leave of absence for Officer Timothy Pratt

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve an extension to Officer Timothy Pratt’s military leave of absence for up to an additional 180 days with an end date no later than March 18, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


16. 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 Andy Oscypala, James Kavanaugh, Bill Szwec, and Scott Windover to part-time seasonal effective September 1 – 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


17. Chief Gehen re School Resource Officer agreement

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the School Resource Officer (SRO) agreement with West Seneca Central Schools effective September 1 2010 through August 31, 2013, noting that the Town of West Seneca will receive $130,000 annually for assigning three (3) police officers to the school system.


18. Chief Gehen re Domestic Violence Prevention project

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute the New York State Department of Criminal Justice Services (DCJS) Domestic Violence Prevention Project #BJ10-1090-D00, noting that the Town of West Seneca will receive $25,000 to be utilized for police overtime to conduct personal follow up visits with victims of domestic violence for a period effective October 1, 2010 through September 30, 2011.


19. Chief Gehen re Bid date for purchase of one police vehicle

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of October 12, 2010 at 10:00 A.M. for receipt of bids on the purchase of one (1) Ford Crown Victoria police vehicle.


20. Chief Gehen re Purchase of web/e-mail server

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one (1) HP ProLiant ML350 G6 web/e-mail server from SynchroNet Industries, Inc., 3654 Clinton Street, West Seneca, at the state contract price of $4476.01.


21. Chief Gehen re Purchase of two in-car video systems

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of two (2) WatchGuard DV-1 overhead system, third generation in-car video systems for a cost of $4970 each plus $50 shipping, total $9990, from WatchGuard Digital In-Car Video, 3001 Summit Avenue, Plano, TX 75074, noting that WatchGuard is the sole source provider for the WatchGuard video system and this purchase will continue with the replacement of older in-car video systems.




22. Chief Gehen re Purchase requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6864 to United Uniform for the purchase of ten body armor.


23. Code Enforcement Officer re Screening for proposed Walmart at 2400 Seneca Street

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that the loading dock area at the proposed WalMart, 2400 Seneca Street, be screened with the same type of fence that is required for the parking area screening, which is 6 ft. high white vinyl fencing.


24. Receiver of Taxes re Status change for part-time clerks to seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerks Marcia Turner, Patricia Farr, and Laurine Fischione to part-time seasonal effective September 7 – November 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


25. Youth/Recreation Director re Appointment of part-time employees for fall/winter programs

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the individuals on the attached list to work as permanent part-time employees in the fall/winter recreation programs and at the ice rink effective October 1, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


26. Youth/Recreation Director re Termination of Candice Kogut

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Candice Kogut effective June 26, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


27. Youth/Recreation Director re Appointment of Michelle Pikula to West Seneca Youth Board

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Michelle M. Pikula to a 4-month term on the W.S. Youth Board effective Sept. 9 – Dec. 31, 2010.


28. Youth/Recreation Director re Budgetary transfer request

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request in the amount of $1430.25 from Youth Theatre Trust Fund Account #04.0004.0096 to Salary of Other Employees – Part-Time Account #01.7140.0149.


29. Director of Senior Services re Status change for Peter Schreiber to part-time seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time employee Peter Schreiber to part-time seasonal effective September 1 – 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


13-D REPORTS

· Patricia C. DePasquale, Town Clerk’s report for August 2010 received and filed.

· Robert J. Pinnavaia, Code Enforcement Officer’s report for August 2010 received and filed.

· Robert Bielecki, Comptroller’s report for August 2010 – Sept. 20, 2010, received and filed.




STATUS OF AMERICORPS DEBT

Karen Lucachick, Greenmeadow Drive, questioned if any payments were received from AmeriCorps for July, August & September.

Comptroller Robert Bielecki stated that the town received a payment of $24,000 on September 10th and that covered three $8000 payments for July, August & September. No payment was received on the $75,000 owed.

Mrs. Lucachick stated that at a previous meeting Town Attorney Shawn Martin stated that the town was still in negotiations with AmeriCorps and she questioned how long this was going to take.

Mr. Martin responded that he had discussed the obligation and payment plan with Mark Lazzara who advised that he was having difficulty paying due to the ongoing audits. Their funding was being held up because of the state audits.

Mrs. Lucachick noted that a recent newspaper article indicated Mr. Lazzara had received several million dollars in grant money and she hoped his obligation to the town would be taken care of first before he does anything else with the money. She questioned if the board members knew anything about the investigation of AmeriCorps by the state.

Councilwoman Meegan stated that it has not been released yet, but they were anticipating something by the end of the month. The information will be on the NYS Comptroller’s website.

COMMENTS ON TOWN BOARD DOWNSIZING

Mrs. Lucachick commented that the reduction in the size of the Town Board by two council members had handicapped the board members because two members cannot even talk to each other about issues without violating the Open Meetings Law. With five members, two are able to discuss issues and ideas without being in a public forum. Since the reduction in the size of the Town Board was done in the interest of cutting costs, Mrs. Lucachick suggested that the board members seriously consider cutting the Peer Counseling program in next year’s budget. She did not believe the town should be paying for this program and thought if it was that wonderful the school should be incurring its cost.

ISSUES AT BURCHFIELD NATURE & ART CENTER

Dixie Blando, Amana Place, understood there were issues at the Burchfield Nature & Art Center (BNAC) and the new group was no longer running the programs. She questioned if the town was renting the BNAC to the new group like they were to the old group.

Supervisor Piotrowski stated that the Gardenville Campus at Burchfield was no longer there and a new organization was running the programs. There was no interruption in any of the programs. Supervisor Piotrowski responded that they will be renting to the new group shortly.

Mrs. Blando thought the town should reconsider renting the BNAC and questioned how much the previous group paid in rent. Comptroller Robert Bielecki stated that the town received at least two $600 payments but no payments were received since they ceased operating.

Mrs. Blando questioned if the new group were new individuals or the same people under a different name and was concerned that the BNAC is being run properly.

Councilwoman Meegan stated that the BNAC is all about volunteering and everyone there has their heart, strengths, and talents in the right place. The board went in the direction of charging rent, but the town had never received any money in rent in previous years so this approach may have been wrong. Councilwoman Meegan stated that she was extremely impressed with the volunteers at the BNAC that are there everyday and anyone who wanted to volunteer was welcome to do so.

Mrs. Blando suggested that the BNAC be converted to a library and the current library be annexed to the Town Hall for the Police Department.

Councilwoman Meegan stated that this suggestion had already been made but the structure of the BNAC was not conducive for the library and the Police Department deserves much more.

STATUS OF LEGAL ITEM #1

Pat Infantino, Pineview Court, questioned what happened with Item #1 under legal notices.

Supervisor Piotrowski stated that the item was not removed from the table because the Town Board was still considering it. It will be on the next agenda and if the Town Board has made a decision it will be rendered at that time.

Ernie Bogenreider, Orchard Park Road, questioned what was decided with regard to the setback and if it will be limited to the setback of existing buildings.

Councilwoman Meegan stated that the board members had not made any decision on the setback yet and that is why the item was not removed from the table.

Mr. Bogenreider stated that Planning Board member Don Mendola had assured him that the setback of the buildings on either side of the proposed building will be maintained, and he asked for the Town Board’s assurance on this.

Supervisor Piotrowski responded that Mr. Mendola does not tell the board members what to do and their decisions are made independently.

HOUGHTON COLLEGE PROJECT

David Bonner, Gervan Drive, asked for clarification on the decision on Legal Item #2.

Supervisor Piotrowski advised that the project was denied.



Dave Monolopolus, Lexington Green, referred to Hamburg Supervisor Walter’s attendance at the last West Seneca Town Board meeting in support of the Houghton College project. He stated that the project is a concern of the citizens of West Seneca and Supervisor Walters is a politician that does not even live in town.

Robert Todoroff, W. Willowdale Drive, questioned if the Town Board declared a negative SEQR or a positive SEQR on the Houghton College project.

Councilwoman Meegan stated that the Town Board was not the lead agency for SEQR on this project. The Planning Board was lead agency and they declared a negative declaration.

COMMENT ON JUDGE SCOTT LAWSUIT

Dave Monolopolus, Lexington Green, referred to the lawsuit against the town that was submitted by Supervisor Piotrowski and Judge Scott and questioned if he was currently serving as Judge, noting that he heard Judge Scott was not even in the United States and was actually on a sabbatical in Russia.

Supervisor Piotrowski responded that he did not have a lawsuit, but he was asked to submit an affidavit. Judge Scott was serving as Judge until the end of 2010.


SPEEDING ON FRENCH LEA ROAD

Arthur Haas, French Lea Road, commented on the speeding and reckless driving on his street, especially Monday – Friday between 6:00 A.M. and 1:00 P.M.

Chief Gehen responded that he will have his officers patrol the area.

CLEANUP OF MANHOLE ON ORCHARD PARK ROAD

Beverly Leising, Harwood Road, thanked Town Engineer George Montz for having the manhole on Orchard Park Road cleaned up after it was brought to his attention at the last Town Board meeting. Ms. Leising also asked Highway Supt. Matthew English to have the trees trimmed that were obstructing various stop signs in town, specifically Tobey Hill subdivision, Greenhill Terrace, Queens Drive, and Joann Drive. She further thanked the Town Board members for following the oath they took to represent all of West Seneca and hoped she had moved to a town that was far above the corruptness of the City of Buffalo where she formerly lived.

CAT PROBLEM ON EBENEZER DRIVE

James Barber, Ebenezer Drive, stated that one of his neighbors was cited in 2008 for having 11 cats inside his home and he had been in contact with the Code Enforcement Office, Erie County Health Dept., SPCA, and Supervisor Piotrowski. Mr. Barber was not able to mow his lawn, stand in his driveway, or have windows open because of the obnoxious feces and urine smell from the cats. He has lost potential tenants because of the odor, the uncut lawn and unkempt yard. Feral cats are digging in his back yard and using the loose dirt as a litter box. The neighbor also has an outside feeding house for feral cats that has attracted skunks and he was concerned that rats will be attracted also. Mr. Barber asked that the town be proactive and pass a licensing law for cats with enforcement for non-compliance.

Town Attorney Shawn Martin stated that this was the first he heard of this situation, but he will discuss it with Code Enforcement Officer Robert Pinnavaia and get back to Mr. Barber by the end of the week.

BNAC VOLUNTEERS REQUEST HELP FROM TOWN BOARD

Rev. Thomas Dalbo, Collins Avenue, represented the Burchfield Nature & Art Center (BNAC) and stated that they have a number of great volunteers and great programs planned but they need help from the Town Board.

Councilwoman Meegan stated that she was not aware of any meetings or requests to the Town Board. She questioned if the volunteers had outlined their needs.

Rich Reimers stated that they need the Town Board to recognize the Friends of the Burchfield Nature & Art Center. They have been working hard and have a committee of 12 to run the BNAC, but they were in limbo now and did not know where they stood with the town.

Supervisor Piotrowski stated that he has been meeting with Rev. Dalbo and volunteers to try to work something out. He understood that a proposal was being put together to present to the Town Board and when everything is formalized and submitted they will act on it.

Councilman Clarke stated that this was the first he had heard about their requests.

Mr. Reimers stated that he understood their proposal was sent by Carol Yetter via e-mail. Councilwoman Meegan stated that she had not received any proposal via e-mail. She stops at the BNAC a couple times a week and Paula Minklei had expressed concerns, but Councilwoman Meegan was not aware that they had collectively put together a proposal. She thought it was great that the volunteers were working to keep the BNAC going and stated that the board members will do what they can to help.

Mr. Reimers noted that a “Field Day” will be held October 3rd at the BNAC and everyone was invited to attend.

ELIMINATION OF PEER COUNSELING PROGRAM

Frank Russo, Parkside Drive, referred to the Peer Counseling program and repeated his previous suggestion that this program be cut from the town budget. The new school year began and the two Peer Counselors were back to work at the schools. With budget time approaching, Mr. Russo asked that Supervisor Piotrowski seriously consider eliminating the Peer Counseling program in the 2011 budget. He noted that no other towns have this program and five or six nearby school districts do the program with their social workers. West Seneca has 12 social workers, one for every building. They are highly paid, highly trained, and certified. Mr. Russo referred to the $102,549 cost for the Peer Counseling program from information he received in July 2009 and stated that this did not include benefits. He thought this was a very expensive



program to be funding especially in difficult economic times. Mr. Russo commented that the Peer Counselors earn $35,000 a year for working 25 hours a week for 37 weeks. They also earn longevity pay, vacation pay, holiday pay, a pension, and have their health insurance and cell phones paid for. Mr. Russo thought the Peer Counseling program was simply a study hall and social club, and stated that it was a duplication of services when there are other programs like DARE that the town funds. He commented on the downsizing movement in town (i.e. reduction in board members, elimination of Receiver of Taxes position, elimination of Youth Bureau director and AmeriCorps) and asked that the board members listen to the voters and continue to reduce the cost of government.

Councilwoman Meegan responded that the board members realize their responsibilities and have made some tough decisions with the cuts that were made.

Elizabeth Furman, Elm Avenue, stated that she is a student at West Seneca East Senior and participates in the Peer Counseling program. She thought it was a worthwhile program and a very good investment for the community. It was a volunteer organization for students, not a free study hall, and it was all about bettering the community and keeping kids off the streets. Peer counseling was students talking to other students, not social workers talking who had nothing to relate to the students.

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 8:15 P.M. to discuss a litigation matter with Town Attorney Shawn Martin, a personnel matter with Chief Gehen, and a labor matter with labor counsel.

On the question, Supervisor Piotrowski noted that the Town Board will be holding a special meeting October 4, 2010 at 10:00 A.M. concerning labor negotiations.


The Town Board returned from Executive Session at 9:05 P.M.

ADJOURNMENT

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:05 P.M.


_______________________________________




EXHIBIT “5”

Daniel Warren

From: Pat DePasquale [[email protected]]

Sent: Wednesday, February 23, 2011 10:58 AM

To: Daniel Warren

Subject: RE: Minutes of the February 7, 2011 meeting of the West Seneca Town Board

Page 1 of 3

2/24/2011

Dan, Attached is copy of unapproved February 7th Town Board minutes. Pat

From: Daniel Warren [mailto:[email protected]] Sent: Wednesday, February 23, 2011 10:21 AM To: Pat DePasquale Subject: RE: Minutes of the February 7, 2011 meeting of the West Seneca Town Board Pat, Would it be possible to get a copy of the unapproved minutes by e-mail? Dan

From: Pat DePasquale [mailto:[email protected]] Sent: Wednesday, February 23, 2011 9:54 AM To: Daniel Warren Subject: RE: Minutes of the February 7, 2011 meeting of the West Seneca Town Board Dan, The minutes of the February 7th, 2011 Town Board meeting will be approved at Monday night’s meeting. I can either email them to you, or you can go online at www.westseneca.net and download the minutes. Pat DePasquale.

From: Daniel Warren [mailto:[email protected]] Sent: Wednesday, February 23, 2011 9:39 AM To: Pat DePasquale Subject: Minutes of the February 7, 2011 meeting of the West Seneca Town Board Dear Pat DePasquale, Please provide me with a copy of the minutes of the February 7, 2011 meeting of the West Seneca Town Board when they are available by e-mail pursuant to the applicable provisions of Public Officers Law article 6 and the advisory opinion of the Committee on Open Government (FOIL-AO-16279 dated October 26, 2006 available at http://www.dos.state.ny.us/coog/ftext/F16279.htm ) Thank you for your attention in this and all future matters. Dan Warren 836 Indian Church Road

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Page 2 of 3

2/24/2011

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Page 3 of 3

2/24/2011

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011


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. The meeting was dedicated to former Town of West Seneca Police Officer William Zarnikau.

2-A MINUTES TO BE APPROVED Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes

from the January 10, 2011 Reorganization Meeting.

Ayes: All Noes: None Motion Carried Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes

#2011-01 of January 10, 2011.

Ayes: All Noes: None Motion Carried Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes

from the January 20, 2011 special meeting. Ayes: All Noes: None Motion Carried 2-B TABLED ITEMS

1. Rezoning request – 940 Reserve Road

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table. Ayes: All Noes: None Motion Carried Motion by Councilwoman Meegan, seconded byCouncilman Clarke, to receive and file this request. Ayes: (2) Councilwoman Meegan, Councilman Clarke Noes: (1) Supervisor Piotrowski Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page two . . . Motion by Councilman Clarke, seconded by Councilwoman Meegan, to recess to Executive

Session at 7:05 P.M. to discuss personnel issues. Ayes: All Noes: None Motion Carried The board members returned from Executive Session at 7:20 P.M. 2-C COMMUNICATIONS

1. Supervisor Piotrowski re

Appointment of R. Pinnavaia as Fire Inspector PT & J. Schieber as Code Enforcement Officer

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item until the end of the meeting. Ayes: All Noes: None Motion Carried

2. Councilman Clarke re Title

change for Michael Meegan to Working Crew Chief

Motion by Councilman Clarke to appoint Michael Meegan as Working Crew Chief in the Buildings & Grounds Department effective February 8, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Motion failed due to lack of a second.

3. Town Engineer re Purchase

requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $6045.19 to K & S Contractors Supply, Inc. for hydrant & valve assembly on Allendale Road in Water District #3. Ayes: All Noes: None Motion Carried

4. Highway Supt. re Bid date

for asphalt roller

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of February 28, 2011 at 10:15 AM for receipt of bids on the purchase of a new and unused self-propelled tandem drum asphalt roller with 47” wide drums, dual drive, and dual drum vibrating system. Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page three . . . 2-C COMMUNICATIONS 5. Highway Supt. re Bid date

for field rake

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of February 28, 2011 at 10:00 AM for receipt of bids on the purchase of a field rake for the Buildings & Grounds Department. Ayes: All Noes: None Motion Carried

6. Highway Supt. re Purchase

of recycling bins

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of 1000 recycling bins from Orbis Corporation at their low quote of $5760. Ayes: All Noes: None Motion Carried

7. Highway Supt. re Title

change for William Schwartz to General Crew Chief

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate William Schwartz, 76 Meadowdale Lane as Highway Working Crew Chief and appoint William Schwartz as Sanitation General Crew Chief, Group 7, Step 5, at a rate of $27.76 per hour effective January 14, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried


change for Edwin Lehsten to Working Crew Chief

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Edwin Lehsten as Highway HMEO and appoint Edwin Lehsten as Highway Working Crew Chief, Group 6, Step 5, at a rate of $26.96 per hour effective January 14, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried


1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page four . . . 2-C COMMUNICATIONS 9. Highway Supt. re Title

change for Gregory Zimmerman to Working Crew Chief

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Gregory Zimmerman as Highway MEO and appoint Gregory Zimmerman as Highway Working Crew Chief, Group 6, Step 5, at a rate of $26.96 per hour effective January 14, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried


change for Mark Kerner to Motor Equipment Operator

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Mark Kerner as Sewer Maintenance Worker and appoint Mark Kerner as Highway Motor Equipment Operator, Group 2, Step 5, at a rate of $24.83 per hour effective January 15, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried


change for Dennis Weber to Motor Equipment Operator

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Dennis Weber as Highway Laborer and appoint Dennis Weber as Highway Motor Equipment Operator, Group 2, Step 4, at a rate of $24.51 per hour effective January 31, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried


change for John Pangallo to Motor Equipment Operator

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate John Pangallo as Highway Laborer and appoint John Pangallo as Highway Motor Equipment Operator, Group 2, Step 4, at a rate of $24.51 per hour effective January 31, 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 #2011-02 West Seneca, NY 14224 February 7, 2011 Page five . . . 2-C COMMUNICATIONS 13. Highway Supt. re Title

change for Mark Hearn to Heavy Motor Equipment Operator

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Mark Hearn as Highway MEO and appoint Mark Hearn as Highway Heavy Motor Equipment Operator, Group 5, Step 5, at a rate of $25.72 per hour effective January 31, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried


change for James Nicholas to Sewer Maintenance Worker

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate James Nicholas as a Mechanic in the Highway Department and appoint James Nicholas as Sewer Maintenance Worker, Group 2, Step 2, at a rate of $23.88 per hour effective January 31, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

15. Chief Gehen re Bid date for

purchase of police vehicles

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of February 21, 2011 at 10:00 AM for the purchase of five (5) new marked police vehicles and one (1) unmarked police vehicle, noting that six (6) older vehicles will be traded in as part of the bid. Ayes: All Noes: None Motion Carried

16. Chief Gehen re Attendance

of Officer Michael Rybak at School Resource Officer training

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Officer Michael Rybak to attend the School Resource Officer training course at Monroe Community College Training Center in Rochester, New York, February 21 – 25, 2011 at a total cost not to exceed $660.50. Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page six . . . 2-C COMMUNICATIONS 17. Chief Gehen re Attendance

of Lt. McNamara & Officer Deppeler at training conference

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Lt. John McNamara and Officer Robert Deppeler to attend the 6th annual NYS Association of Hostage Negotiators & Training Conference at Baruch College in Manhattan, New York, March 15 & 16, 2011 at a total cost not to exceed $1990. Ayes: All Noes: None Motion Carried

18. Chief Gehen re Budget

Amendment Request

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to increase revenue Acct. #1.1.3490.333 Forensic Drying Cabinet - $4025.77; increase revenue Acct. #1.1.3490.333 Ductless Fume hood - $1704.23; increase expense Acct. #1.3120.0419.333 Forensic Drying Cabinet - $4025.77; increase expense Acct. #1.3120.0419.333 Ductless Fume Hood - $1704.23. Ayes: All Noes: None Motion Carried

19. Chief Gehen re Purchases

requiring Town Board approval

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $5113.80 to AmChar Wholesale for ammunition and $2220 to Daryll’s Car Audio for car repairs. Ayes: All Noes: None Motion Carried

20. Chief Gehen re Retirement of

Detective Mark McMahon

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of Detective Mark McMahon and terminate him effective February 19, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective McMahon served the Town of West Seneca for more than 27 years. Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page seven . . . 2-C COMMUNICATIONS 21. Chief Gehen re Leave of

absence for Colleen Schappert

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a leave of absence under the 1993 Family Medical Leave Act for clerk typist Colleen Schappert, January 3 – 11, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

22. Chief Gehen re Status

change for part-time clerk Tim Maciejewski to seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerk typist Tim Maciejewski to part-time seasonal effective February 17 – March 17, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

23. Town Clerk re Appointment

of Linda Boldt as part-time clerk

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Linda Boldt as temporary part-time clerk effective January 14 – March 18, 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

24. Town Clerk re Status change

for part-time clerk Laurine Fischione to seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerk Laurine Fischione to part-time seasonal effective January 18 – March 15, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

25. Comptroller re Establishment

of petty cash fund for collection of taxes

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to establish a petty cash fund of $500 for the Town Clerk for collection of taxes. Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page eight . . . 2-C COMMUNICATIONS 26. Director of Senior Services re

Status change for part-time clerk typist Sarah Flattery to seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time clerk typist Sarah Flattery to part-time seasonal effective January 11 – February 11, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

27. Director of Senior Services re

Status change for part-time van driver John McCartan to seasonal

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time van driver John McCartan to part-time seasonal effective February 1 – June 30, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried

28. Director of Senior Services re

Part-time employees wage scale

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the following wage scale for permanent part-time employees of the Recreation, Youth & Senior Services Department effective February 7, 2011: $7.25 per hour starting rate $8.00 per hour after completion of 3000 hours $8.50 per hour after completion of 7000 hours $9.00 per hour after completion of 11000 hours and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that any employee currently receiving more than the above rate will remain at their current rate. Ayes: All Noes: None Motion Carried

2-D REPORTS Patricia C DePasquale, Town Clerk’s report for Dec. 2010 & year end 2010 received and filed. Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of

02/02/2011; Operating Fund voucher summary report, Trust voucher summary report & Capital voucher summary report for the period 01/06 – 02/02/2011 received and filed.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page nine . . . ISSUES OF THE PUBLIC STATUS OF SENECA MALL TAX ASSESSMENT Amy Carpenter, Woodward Crescent, questioned the status of the tax assessment for the

former Seneca Mall site. Town Attorney Shawn Martin advised that this matter was still pending in court and the town

must report back this week or next week to the alternative dispute resolution clerk that is handling the matter.

AMERICORPS LAWSUIT Karen Lucachick, Greenmeadow Drive, asked for clarification if there was a lawsuit against

AmeriCorps, if there was one or two lawsuits, and if they included everything. Town Attorney Shawn Martin advised that there was one lawsuit against AmeriCorps. He did

not draft the lawsuit but had reviewed it and it included breach of the separation agreement that was negotiated with the town.

Mrs. Lucachick stated that $8000 per month for five years amounted to $480,000 and

AmeriCorps actually owed the town $1.5 million. The town was supposed to receive money back from the grants and she questioned if the Comptroller’s office had gotten anything returned from grants.

Comptroller Robert Bielecki responded that no grant money had been received. Mr. Martin stated there is a provision in the agreement that AmeriCorps is to cooperate with

the town and assist in receiving grants and that money should come directly to the town. Mrs. Lucachick questioned if the lawsuit was underway. Mr. Martin advised that the lawsuit was filed within the last two weeks and served on

AmeriCorps and the appropriate people. Mrs. Lucachick questioned the status of the outstanding AmeriCorps debt. Mr. Bielecki responded that the town received an $8000 payment this date for February, but

nothing on the $75,000 debt. Johanna Guenther, Neubauer Court, referred to an article written by Mrs. Lucachick about

AmeriCorps that was passed around the Senior Citizens Center and stated that she agreed with Mrs. Lucachick’s comments. Mrs. Guenther also commented on the current economic situation and suggested that the Town Board work to tighten their belt on spending.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page ten . . . ISSUES OF THE PUBLIC YES PROGRAM TRANSPORTATION DISCONTINUED Nina Stratton, Cathedral Court, stated that she has been involved in the YES program for five

years and she and other members of YES were concerned because they recently found out that transportation for the program has been taken away.

Supervisor Piotrowski responded that on the recommendation of the town’s insurance

carriers, the transportation that the town was providing the town employees was discontinued due to the lack of training of the employees. The school district is still available for that transportation as well as the parents of the students.

Darlene Stratton, Cathedral Court, stated that she works two jobs to make ends meet and her

husband works 3 PM to 11 PM, so it is very difficult to get their children to and from activities. Mrs. Stratton commented on the good things the YES program did for the kids and asked the Town Board to reconsider their decision to eliminate the transportation.

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 7:50 P.M. to discuss personnel matters and union contract issues. Ayes: All Noes: None Motion Carried The board members returned from Executive Session at 9:45 P.M. APPOINTMENT OF R PINNAVAIA AS PT FIRE INSPECTOR AND J SCHIEBER AS

CODE ENFORCEMENT OFFICER Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Robert

Pinnavaia as part-time Fire Inspector at a rate of $21 per hour effective January 25, 2011, and further, create the position of Code Enforcement Officer and appoint Jeffrey Schieber as Code Enforcement Officer at an annual salary of $50,000 effective February 8, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.


WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS 1250 Union Road Minutes #2011-02 West Seneca, NY 14224 February 7, 2011 Page eleven . . . PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TITLE CHANGE FOR MICHAEL MEEGAN TO WORKING CREW CHIEF Motion by Councilman Clarke to appoint Michael Meegan as Working Crew Chief in the

Buildings & Grounds Department effective February 8, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Motion failed due to lack of a second. Councilman Clarke stated that Supervisor Piotrowski told himself and Councilwoman Meegan

that he originally supported Mr. Meegan for this position but would not second this motion unless they voted to appoint Joe Lorigo as Town Prosecutor. Councilman Clarke stated that this holds an individual’s appointment/promotion at hostage, but he will not play politics and trade that for a job for the son of a party boss or for any political gain.

SPECIAL TOWN BOARD MEETING Supervisor Piotrowski advised that there will be a special Town Board meeting on Thursday,

February 10, 2011 at 2:00 P.M. to continue union negotiations. ADJOURNMENT Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting

at 9:50 P.M. Ayes: All Noes: None Motion Carried

_______________________________________


EXHIBIT “6”

West Seneca supervisor, board member spar over appointment, promotion By Charlie Specht

Published:February 8, 2011, 9:35 PM 4 Comments

Updated: February 9, 2011, 10:02 AM

West Seneca Supervisor Wallace C. Piotrowski said Tuesday that he wants to appoint the son of Erie County Conservative Chairman Ralph C. Lorigo as town prosecutor and would not agree to promote the husband of another board member if she did not support him.

His comments came a day after the issue flared during a Town Board meeting.

"These kinds of deals are made every day, in every town, every year," Piotrowski said. "The deals are always made ... Is it right that it's made? Yeah, I don't see any [problem]. It's not illegal. I want something, and I'm asking for it."

Councilwoman Sheila Meegan, whose husband, Michael, is hoping for a promotion in the town Highway Department, doesn't see it that way. She said Piotrowski's maneuver was an attempt to gain the coveted Conservative Party endorsement in November, when Piotrowski will run for re-election against Meegan.

"It's disgusting," Meegan said. "This thing goes so deep. I don't do those things. No one's ever approached me to do anything like that, and I wouldn't do it anyway."

Piotrowski, who worked in Lorigo's law firm about 20 years ago, said the appointment has to do with Joseph Lorigo's qualifications, not the political support of his father. Lorigo unsuccessfully ran for town justice in November, losing to Jeffrey M. Harrington by about 100 votes.

Piotrowski and Ralph Lorigo questioned the ethics of Meegan benefiting monetarily from her husband's appointment. Meegan abstained from that vote.

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Meegan said her husband was qualified for the position, with more than 20 years in the Buildings and Grounds Department. Michael Meegan would replace Don Doctor, who retired in September. The position is currently filled with a more-senior member of the department.

Councilman Dale F. Clarke praised Meegan for not accepting the deal, saying that Piotrowski's relationship with Ralph Lorigo has cost him his objectivity in town matters.

"He doesn't do what the residents want, he does what Mr. Lorigo wants," Clarke said. "We're not here to serve the party chair; we're here to serve the people."

Ralph Lorigo called the idea of controlling the supervisor "ridiculous," saying Piotrowski hasn't worked for him in two decades. He said his party's endorsement is made by the town Conservative committee and that he votes only in the event of a tie.

"Everything in life is negotiable, including in politics," Piotrowski said. "They should look at each of the appointments they have made since they began their terms. I think if you go back to every job and ask who that particular person is in that job, you'll see some connection to one of the two of them."

He said he favors Town Attorney Shawn P. Martin relinquishing his prosecution duties to make room for Lorigo. Piotrowski said the holdup of Michael Meegan's appointment wouldn't affect residents and that he would be inclined to vote for a candidate other than Michael Meegan.

Piotrowski said he wasn't motivated by political donations from Lorigo, something disputed by Meegan. When asked whether the move to appoint Lorigo contradicted his 2007 campaign promise to depart from the leadership style of former Supervisor Paul T. Clark, Piotrowski said residents shouldn't judge him on this motion.

"If you're going to take this one vote that I did and not look at the other 3,000 votes that I've taken for the residents to save money, to save expenses, to reduce taxes, to try to consolidate departments ... I think all the other things far outweigh any negatives someone may have for me making this type of decision," he said.

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I can't wait until the election. I think people should change affiliation and become Conservative Party members just so they can get onto that committee and vote Lorigo out. Further, I wish the Bar Association would take up the ethics of a lawyer who while being the head of a political party on many an occasion represents clients before governmental entities. It is unethical.The sooner West Seneca is free of Piotrowski/Lorigo the better. Their vision for West Seneca is not my vision.

GARY SCHOENE, WEST SENECA, NY on Thu Feb 10, 2011 at 12:07 AM

"These kinds of deals are made every day, in every town, every year," Piotrowski said. "The deals are always made ... Is it right that it's made? Yeah, I don't see any [problem]. It's not illegal. I want something, and I'm asking for it."ISNT THIS EXTORTION ?if its not illegal - it ought to bemaybe all this inbreeding at all levels of govt should be taken a hard look at- seems that in the public sector the most qualified candidates are always someones buddy or relative....funny how the private sector has to look outside the inner circle to find the best and brightest.

ROBERT WENDT, BUFFALO, NY on Wed Feb 9, 2011 at 01:58 PM

Politics as usual. What is the old saying"Its not what you know it's who you know".. Our town supervisor says it's not illegal, since when did that ever have a bearing on anything that goes on in politics.

PHIL RYAN, WEST SENECA, NY on Wed Feb 9, 2011 at 11:43 AM

Oh Heaven help us. And you wonder why you have a populace disengaged from the political system and democracy in general. This is really how my town is run? As a employment fodder for the West Seneca ruling class? Am I just being naive?

JOEL MALLEY, WEST SENECA, NY on Wed Feb 9, 2011 at 07:18 AM

REPLY FLAG AS INAPPROPRIATE






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EXHIBIT “7”

Two board members, residents question West Seneca supervisor By Charlie Specht

Published:March 8, 2011, 12:00 AM 0 Comments

Updated: March 8, 2011, 6:29 AM

Two West Seneca board members Monday joined residents in questioning the way Supervisor Wallace C. Piotrowski has handled the town’s more contentious issues.

Most of the residents turned out to oppose a planned apartment complex at the former Houghton College site but got a glimpse of the icy relations between Piotrowski and Councilwoman Sheila M. Meegan, who has said she will challenge Piotrowski for supervisor.

Piotrowski, who previously opposed the appointment of Meegan’s husband as highway crew chief unless Meegan agreed to appoint Joseph C. Lorigo as town prosecutor, again voted against the appointment when it was brought up by Councilman Dale F. Clarke.

Piotrowski instead made a motion to appoint highway worker Michael Paluch, saying that he didn’t think Meegan’s family should benefit from the appointment. Meegan then made a motion to appoint Chris Hicks to the job. Clarke seconded the motion, and Piotrowski later drew gasps from the crowd when he said Meegan initiated the quid-pro-quo deal.

Clarke and Meegan again clashed with Piotrowski when Town Clerk Pat DePasquale requested the appointment of Town Attorney Shawn P. Martin’s ex-wife as a records inventory clerk. The supervisor said his research suggested DePasquale’s office might not need another full-time worker.

Meegan told Piotrowski she had to provide the clerk petty cash after the consolidation of another office because Piotrowski failed to.

“That’s part of being a chief financial officer,” Meegan said. “You didn’t do your job there either, or perhaps you don’t know the extent of that job. That is her department, Wally. Hers, not yours. If you would go in there for more than 10

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minutes, you would not notice it.”

Piotrowski said residents were sick of hearing from “insiders, politicians and the employees” that they need more funding and more money.

Clarke and Meegan voted to approve the appointment, and Piotrowski voted against it.

After the exchange, 15 residents spoke about their opposition to the apartment complex proposed by Young Development. Some questioned Piotrowski’s support of the project and his relationship with Erie County Conservative Chairman Ralph C. Lorigo, who represents the nonprofit developer People Inc. He is Joseph Lorigo’s father.

“Last year, Mr. Piotrowski, I asked you point-blank, if you had any relationship — business or any other situation — with Mr. Ralph Lorigo, and you said, ‘No,’ ” resident Tom McGowan said.

Piotrowski said he is a friend of Lorigo’s family and listed him as a former employer.

“Well I didn’t see it on your campaign literature, or else I wouldn’t have voted for you,” McGowan said.

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