STATE OF NEW YORK : SUPREMECOURT APPELLATE DIVISION : FOURTH DEPARTMENT

MATTER OF DANIEL T. WARREN,

Petitioner,

RESPONDENT WALLACE C. PIOTROWSKI'S VERIFIED ANSWER

- against-

ROBERT J. BIELECKI, Comptroller, Town of West Seneca and WALLACE C. PIOTROWSKI, Budget Officer and Supervisor, Town of West Seneca,

Docket No.: OP 11-00539

. Respondents.

Respondent Wallace C. Piotrowski ("Respondent"), by his attorneys, Phillips

Lytle LLP, answering petitioner's verified petition, alleges as follows:

1. Lacks know ledge or information sufficient to form a belief as to the truth

of the allegations in paragraphs 1 and 4.

2. Denies the allegations in paragraphs 15, 16, 17, 18,22,27,29,34,35,36,

55,57,61,62,63,64,65 and 66.

3. Denies that the budget office position is appointed as alleged in paragraph

7 and admits the remaining allegations therein.

4. Denies that Ms. DePasquale has held the office of Town Clerk only since

January 2008, as alleged in paragraph 8, and admits the remaining aIlegations therein.

5. Denies the allegations in paragraphs 12 and 26 insofar as it is alleged that

the Comptroller has the sole responsibility for directing that payments be made or that the

Supervisor has the sole authority to approve and make payments, and admits the remaining

allegations therein.

6. Admits that the State Comptroller issued a report in September 2010 and

that it related to procedures and deficiencies that existed prior to respondents taking office in

January 2008 as alleged in paragraph 13 and lacks knowledge or information sufficient to form a belief as to the allegations concerning petitioner's downloading and printing activities.

7. Lacks knowledge or information sufficient to form a belief as to the

accuracy of the time frames alleged in paragraph 14~ and admits the remaining allegations therein.

8. Denies the allegations in paragraph 19 insofar as it is alleged that Mr.

Bielecki did not regularly prepare the requisite monthly reports and make them available to the Town Board at all times, as monthly reports were prepared, were accessible by and were made available for review by the Council members at the Town offices, and admits that this procedure was followed for many years prior to respondents taking office and continued until the State Comptroller suggested a change, at which time that change was implemented and Mr. Bielecki began making photocopies of his reports and had them physically delivered to each member of the Town Board and formally presented them to the Council members at the Board meetings.

9. Denies the allegations in paragraph 20 insofar as they allege that Mr.

Bielecki did not comply with all town procedures as they existed prior to his becoming Comptroller as alleged in paragraph 20, and admits that immediately upon receipt of the State Comptroller's report suggesting different procedures be followed that he implemented and has followed those procedures.

10. Denies that the allegations in paragraph 21 provide a complete and

accurate representation of what occurred at the March 2, 2009 meeting and further alleges that the minutes, insofar as what they do report, speak for themselves.

11. Denies the allegations in paragraph 23 insofar as they allege certain Town

procedures and further alleges that the entire Town Board, not the Supervisor alone, makes final

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decisions on the issues referred to and is responsible for the administration and supervision of Town operations.

12. Denies that the position of "Presiding Officer" exists in the Town as

alleged in paragraph 24, and admits the remaining allegations contained therein, including the suggestion that the Supervisor runs the Town Board meetings as required under Town law.

13. Admits that Respondent stated his intentions and goals at his first Town

Board meeting as Supervisor on January 14,2008, that the minutes were subsequently approved by the Town Board on January 28, 2008, as alleged in paragraph 28, lacks knowledge or information sufficient to form a belief as to the truth of the allegations concerning petitioner's downloading and printing activities and denies the remaining allegations contained therein.

14. Denies the allegations in paragraph 30 insofar as it is alleged that Mr.

Bielecki did not provide the Town Board with monthly financial reports, admits that Mr. Bielecki did prepare monthly financial reports and did make them available at all times to all Town Board members, admits that each of those reports covered the period between the previous meeting and the next scheduled meeting, admits that these procedures pre-dated respondents taking office and admits that immediately upon receipt of the State Comptroller'S report, Mr. Bielecki began making photocopies of his monthly financial reports and physically delivering them to each Town Board member.

15. Admits there was one Town Board meeting held in August 2010 and that

minutes were taken and approved on September 20,2010 as alleged in paragraph 31, and lacks knowledge or information sufficient to form a belief as to the truth of the allegations concerning petitioner's downloading and printing activities.

16. Denies the allegations in paragraph 32 insofar as it is alleged that the

Town Board was not provided with monthly financial reports on a monthly basis in compliance

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with Town procedures as they existed before respondents took office and further alleges that the meeting minutes speak for themselves.

17. Admits that meeting minutes were taken on September 20, 2010 and

approved on October 4,2010 as alleged in paragraph 33, and lacks knowledge or information sufficient to form a belief as to the truth of the allegations concerning petitioner's downloading and printing activities.

18. Admits that the Town Board voted upon and approved a proposition to

reduce the number of Town Board members from four to two pursuant to a petition signed by numerous residents of the Town as alleged in paragraph 39t and further admits that it did so over the objection of Council Member Meegan and Council Member Clarke and that the Town then successfully defended a lawsuit brought by petitioner challenging that proposition.

19. Lacks knowledge or information sufficient to form a belief as to the

accuracy of the dates alleged in paragraph 42 and 43, and admits the remaining allegations contained therein.

20. Lacks knowledge or information sufficient to form a belief as to the date

alleged in paragraph 46, and admits the remaining allegations contained therein.

21. Denies the allegations in paragraph 47 insofar as it is alleged that

Respondent supported the nomination of Joseph Lorigo to be appointed as Town Justice, that the minutes submitted by petitioner as Exhibit 3 are complete or that the statement quoted in paragraph 47 is either complete or accurate, admits that Respondent stated his position that the appointment ofa Town Justice could not be for less than the balance ofthe calendar year, further admits that the other members ofthe Town Board and Town Attorney disagreed with Respondent's position and that a lawsuit was brought by Justice Scott resulting in a decision by

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New York State Supreme Court confirming the correctness of Respondent's position on that issue.

22. Admits that Council Member Clarke asked Respondent to recuse himself

from consideration of a matter involving Ralph Lorigo as alleged in paragraph 48 and that Respondent was employed by Mr. Lorigo approximately twenty years ago, that Respondent has voted against Mr. Lorigo on a number of matters before the Town Board, that Respondent has no professional or business relationship with Mr. Lorigo and that Respondent did not recuse himself from voting on the issue as no conflict existed. Admits that the public debate on Mr. Lorigo's matter was closed by a 3-0 vote and the matter was tabled by a 3-0 vote of the Town Board.

23. Lacks knowledge or information sufficient to form a belief as to the term

"took addressed" as alleged in paragraph 49, and admits that Council Member Meegan had proposed the promotion of her husband, Michael Meegan, to the position of working crew chief, that Council Member Clarke made a motion to approve that promotion which Council Member Meegan seconded and that this occurred on March 7, 2011 and further admits that petitioner neglected to include the minutes of that proceeding in his petition, and the minutes of the March 7,2011 meeting are attached to this verified answer as Exhibit A.

24. Admits that Council Member Meegan was personally interested in the

issue of her husband's promotion, as alleged in paragraph 50, and further admits that Council Member Meegan had proposed her husband's promotion and had seconded a motion to approve that promotion, and that she then abstained from voting on the question.

25. Denies the accuracy ofthe hearsay statements alleged in paragraph 52 and

that the exhibit 5 referenced by petitioner contains any claim that Respondent "offered to vote for Michael Meegan's promotion" as part of an agreement to appoint Joseph Lorigo as Town Prosecutor and, lacks knowledge or information sufficient to form a belief as to the truth of the

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allegations concerning petitioner's and Ms. DePasquale's activities with respect to emails and transcriptions, and further alleges that Town Board meeting minutes speak: for themselves.

26. Denies the allegations in paragraph 53, except admits that the attempted

promotion failed on February 7, 2011 for lack of a second, and admits that on March 7, 2011, Council Member Meegan seconded Council Member Clarke's motion to promote Mr. Meegan, and that Ms. Meegan then abstained from voting, and further admits Respondent refused to second Mr. Meegan's promotion either on February 7,2011 or March 7,2011 because Mr. Meegan was not the most senior or the most qualified of the three candidates for that position and because of the appearance of impropriety, if not actual impropriety, involved in having Council Member Meegan propose her husband's promotion, and second the motion to approve his promotion, and then abstain from the actual vote.

27. Denies the allegations in paragraph 54 insofar as it alleged that there was

any wrongdoing involved in the fulfillment of Respondent's duty by supporting one candidate over another concerning promotions or appointments to jobs within the Town as alleged in paragraph 54 and lacks knowledge or information sufficient to form a belief as to the truth of the allegations concerning petitioner's downloading and printing activities.

28. Admits that Mr. Meegan's promotion was proposed once again on

March 7, 2011 and was defeated as alleged in paragraph 56, and further admits that Respondent proposed the promotion of Mr. Paluch, the most senior and qualified of the three, and that no second was given, and thereafter Mr. Hicks was promoted to the position, further alleges that news articles speak for themselves, and lacks knowledge or information sufficient to form a belief as to the truth of the allegations concerning petitioner's downloading and printing activities.

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29. Lacks knowledge or information sufficient to form a belief as to what Ms.

Meegan's political aspirations and intentions might be or whether her husband will support her as alleged in paragraph 59, and admits that although petitioner may be closely aligned personally and politically with Council Member Meegan, he has not disclosed the basis of his "information and belief' in making these allegations.

30. Admits the allegations in paragraph 60 inasmuch as Respondent will seek

the endorsement of the Conservative Party with regard to the upcoming re-election campaign, and otherwise denies the allegations in paragraph 60.

31. Denies the allegations in paragraph 63 and informs petitioner that the

conduct of lawyers is governed by the New York Rules of Professional Conduct, not the New York Code of Professional Responsibility.

FIRST DEFENSE

32. Paragraphs 1 through 31 are realleged.

33. The petition fails to state a cause of action upon which relief can be

granted.

34. Even if the allegations in the petition alleged were true, it does not

establish the prerequisite for the Court to consider removal of Respondents under Public Officers Law § 36.

35. Respondent is an attorney who has practiced law since 1987. Respondent

served as Town Judge in West Seneca from 1991 to 2007. In addition to Respondent's duties as Supervisor and Respondent's experience as an attorney and judge, Respondent has been actively involved in charitable and community-based efforts to improve West Seneca, including as a long time member and past president of the West Seneca Kiwanis Club and President ofthe West Seneca Chamber of Commerce. Respondent also has previously served as President of the

-7-

Western New York Juvenile Diabetes Association, has served on the board of the Erie County Mental Health Association, and has been an instructor in West Seneca adult education programs.

36. Respondent Robert J. Bielecki is a Certified Public Accountant who has

been practicing public accounting since 1977. He has approximately 34 years of experience as a public accountant. He is a member of the New York State Society of Certified Public Accountants and the American Institute of Certified Public Accountants. He has undergraduate degrees from both Syracuse University and the State University of New York at Buffalo. Additionally, he is active in the West Seneca community, including the West Seneca Chamber of Commerce and the West Seneca Lions Club. Respondent Bielecki has held positions with the New York State Department of Taxation as a field auditor, and General Electric Credit Corporation as a credit analyst. He served two years as an officer in the United States Army Field Artillery.

37. 'The Supervisor is a member of the three person Town Board, and is part

of the legislative branch of government. During his first term as Supervisor, there has been

, increased productivity and reduced costs in Town government. Numerous costly problems related to WNY Americorps, which pre-dated his election as Supervisor and had been developing for almost two decades, have been resolved favorably to the Town.

38. The petition fails to allege any facts upon personal knowledge that would

support a finding of misconduct, maladministration, malfeasance or malversation, self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust.

39. The petition fails to allege which "mandates oflaw and procedure" were

allegedly disregarded.

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, '

40. The Report does not name Respondent as failing to take any actions;

rather, it generically refers to the Town Board as a whole.

41. The State Comptroller examination was initiated at Respondent's and

Council Member Meegan's request.

42. The Comptroller's report ("Report") focuses on issues that existed as far

back as 1991.

43. Any loss of money attributable to WNY Americorps' personnel occurred

under the oversight of the prior Town Board and prior Town Comptroller.

44. Mr. Bielecki and the current Town Board have acted promptly to correct

those problems by, not only, separating the Town from WNY Americorps, but also by ensuring that WNY Americorps honors its agreement to repay money owed by it to the Town.

45. Mr. Bielecki and Respondent were also responsible for taking action to

end the improper use of town credit cards by WNY Americorps and to ensure that only lawful expenses were incurred and paid.

46. The State Comptroller does not allege any specific wrongdoing by

Respondent or by Mr. Bielecki.

47. The central issues identified in the Comptroller'S report refer to actions of

the prior Town Board (prior to January 1, 2008) and the prior Town Comptroller.

48. All members of the Town Board, along with the Town Attorney and Mr.

Bielecki, filed objections and signed a response to the Comptroller's Report, disagreeing with certain of its conclusions, while continuing the present Town Board's efforts to act on the Report's recommendations, including separating the Town of West Seneca from WNY Americorps. The Town, at Respondent's direction, took steps, culminating in early 2010, to complete the separation.

-9-

49. The petition offers no facts to support its conclusory claims that

Respondents did not properly undertake their duties.

50. As set out in the Town's response to the Report, Mr. Bielecki and

Respondent were primarily responsible for correcting practices cited by the Comptroller that existed prior to January 1, 2008.

51. The technical issues noted by the State Comptroller with regard to

auditing or financial issues, refer to practices carried over from prior administrations, and were corrected by respondents promptly through a corrective action plan (included in Exhibit 1 to the petition) developed by the entire Town Board.

52. The petition fails to mention that town's finances have been regularly

audited by an independent auditor, that all audit adjustments have been made, and no accounting discrepancies have ever been mentioned.

53. Nor does the petition mention that monthly financial reports have been

created monthly and always made available to the entire Town Board. Departments have been externally audited annually and the entire Town Board has been provided with the results of those audits as well.

SECOND DEFENSE

54. Paragraphs 1 through 53 are realleged.

55. The petition raises only non-justiciable political issues.

56. This petition is brought by petitioner in an effort to assist Council Member Meegan in her campaign against Respondent for Town Supervisor.

57. Petitioner regularly posts messages regarding political issues in internet

forums and has long been a political adversary of mine. In fact, petitioner posted a copy of this

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petition on the internet and engaged in internet message board forum discussion of this matter

before he even served Respondent.

58. Petitioner is an activist who routinely opposes lawful decisions by the

Town, county, state and federal governments.

59. Petitioner has an established history of bringing vexatious legal actions

against government officials and submitting frivolous amicus curiae briefs espousing positions

that have been rejected in every instance. Those matters include:

.Matter ofMonolopolous. Grasso and Warren v. Town of West Senee@. 63 A.D.3d 1629 (4th DepJt 2009) (affirming demand of Article 78 petition challenging zoning board determination and issuance of permit for construction of private school athletic fields, costing the Town over $50,000 in attorneys' fees and defense costs);

.Dalton v. Pataki. 5 N.Y.3d 243 (2005) (rejecting petitioner's arguments as amicus curiae, that legislation authorizing the governor to enter into compacts to allow gaming on Indian lands was unconstitutional);

.Warren v. Groenwegan et al.. No. 2009/010152 (Sup. Ct. Erie County) (dismissing and denying challenge by petitioner to the downsizing of the West Seneca Town Board);

.Warren v. Giambra. 12 Misc. 3d 650 (Sup. Ct. Erie County. 2006) (bench trial verdict denying damages and permanent injunction for alleged violation of Open Meetings Law relating to eounty budget issues and rej ecting petitioner' s attempt to nullify the budget for Erie County);

.Huron Group, me. v. Pataki, 5 Misc. 3d 648 (Sup. Ct. Erie County 2004) (granting sununary judgment to plaintiffs in dispute about casino location, and rejecting arguments put forth by petitioner as amicus curiae);

-Warren v. Pataki. No. 2004/005270 (Sup. Ct. Erie County (filed in 2004» (in suit against the Governor, motion to dismiss granted);

-Warren v. Pataki. No. 2002/004880 (Sup. Ct. Erie County filed in 2002» (in motion to dismiss granted in suit brought by petitioner against the Governor);

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·Upstate Citizens for Equality, Inc .. Vickers. Tallent. Peterman and Warren v. Salazar, No. 5:08-CV-633, 2010 U.S. Dist. LEXIS 19787 (N.D.N.Y. Mar. 4, 2010) (granting Secretary of the Interior's motion to dismiss claims challenging Department of Interior decisions);

• W men v. United States, No. 06-CV -226, 2009 U.S. Dist. LEXIS 50267 (W.D.N.Y. June 15,2009) (in action brought by petitioner challenging decisions relative to a casino, court rejects petitioner's arguments opposing motion for leave to file amicus brief, finding one argument by petitioner based on an "unsupported premise" and another "internally inconsistent and less than clear"); and,

.Warren v. Pataki. No. 01-CV-4, 2002 U.S. Dist. LEXIS 861 (W.D.N.Y. Jan. 9, 2002) (dismissing petitioner's complaint alleging that various defendants had denied his rights to equal protection, right to vote and right to due process relating to state government action concerning Indian cigarette sales).

60. Petitioner's meritless suits against the ToWn and others have caused

significant waste of time, effort and taxpayer dollars.

61. This proceeding is simply another of petitioner's politically motivated

proceedings. Rather than challenge (or even identify) a specific Town decision (as he has done

unsuccessfully in the past), he now launches a personal attack against Respondent to support his

political allies and preferred candidate.

62. While the petition raises issues about activities of the entire Town Board,

Council Members Meegan and Clarke are not named as respondents and petitioner does not seek

their removal. Nor does petitioner challenge Council Members Meegan and Clarke for seeking

to promote Council Member Meegan's husband, despite the fact that he was not the most senior

or most qualified candidate for the position.

63. Petitioner does not even mention in his petition that Council Member

Meegan proposed her husband's promotion and then seconded Council Member Clarke's motion

to approve that promotion. Petitioner also neglected to attach a copy of the minutes of that

March 7,2011 meeting to his petition. They are attached to this verified answer as Exhibit A. - 12-

64. Respondent declined to second Meegan's promotion because another

Building and Grounds employee was more experienced, better qualified and more senior than Mr. Meegan.

65, Respondent does not have any family members employed by the Town of

West Seneca.

66. Respondent is proud that the Conservative Party, as well as the

Democratic and Republican parties endorsed him for the position of Town Supervisor and that Respondent was elected by approximately 55.4 percent of the vote.

67. Respondent is also proud to have been endorsed by those parties when he

was elected five times to the position of Town Justice of West Seneca where Respondent served with distinction for 17 years. Respondent does not need to take any "action" to secure the Conservative Party or any other party nomination for Town Supervisor in the upcoming 2011 election. Respondent will stand on his experience and his record in seeking that support.

68. It is offensive that petitioner has made false and defamatory statements about Respondent in his petition and were he an attorney, Respondent would refer this petition to the Grievance Committee.

69. Summarizing Respondent's response to the various allegations in the

petition, (a) Respondent supported the most qualified and most senior candidate for the Buildings and Grounds working crew chief position, and that person was not Michael Meegan; (b) Respondent took an unpopular stand against nepotism by declining to take action in favor of the promotion of Mr. Meegan; (c) Respondent discussed his preference for the Town Prosecutor position after Council Member Meegan initiated those discussions; and, (d) Respondent then declined to take any action to appoint a Town Prosecutor.

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70. Respondent never discussed anything improper with regard to

appointments and never entered into any quid pro quo agreement. The petition does not offer facts to establish otherwise. Discussions about appointments to various positions within the Town are a normal part ofthe Town Board process. Respondent's actions in that regard are motivated solely by Respondent' s belief that the most qualified people should be appointed. This is not always a popular position with Respondent's political foes, but it is one Respondent maintains without exception.

71. The petition criticizes Respondent for not seconding a motion for Michael

Meegan's promotion, where nothing required Respondent to do so. Respondent did not support Michael Meegan's appointment given that Mr. Meegan was not the most qualified candidate and because of the nepotism it would represent.

72. No official, either inside or outside of West Seneca, has lodged any

accusations against Respondent concerning any of the matters alleged in the petition, or otherwise, as no basis exists for doing so.

THIRD DEFENSE

73. Paragraphs 1 through 72 are realleged.

74. The petition is based in part on allegations made on information and belief as to which petitioner has no personal knowledge, and therefore are insufficient to state a claim for removal under Public Officers Law § 36.

FOURTH DEFENSE

75. Paragraphs 1 through 74 are realleged.

76. The petition is based largely on inadmissible hearsay allegations that are insufficient to state a claim for removal under Public Officers Law § 36.

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FlITH DEFENSE

77. Paragraphs 1 through 76 are realleged.

78. The petition is barred by laches.

WHEREFORE, Respondent demands judgment dismissing petitioner's verified

petition; awarding Respondent the costs of this action including reasonable attorneys' fees; and

awarding such other and further relief as the Court may deem just and proper.

Dated: Buffalo, New York May 2, 2011

p~ /)

By: 1)~/~

Michael B. Powers Timothy W. Hoover Attorneys for Respondent

WALLACE C. PIOTROWSKI 3400 HSBC Center

Buffalo, NY 14203~2887

Telephone No.: (716) 847~8400

~ 15 ~

VERIFICATION

STATE OF NEW YORK

ss:

COUNTY OF ERIE

WALLACE C. PIOTROWSKI, being duly sworn, deposes and says:

I am the second-listed respondent herein. I have read the foregoing verified

answer and know the contents thereof. The statements therein are true to my knowledge, except

as to those matters alleged upon information and belief, and as to those matters, I believe them to

be true.

WAL~

Sworn to and subscribed before me this 2d day of May, 2011

177/Uv'a-L. ~tl/d_

Notary Public '""

Town Board MInutes I Town of west seneca

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WEST SENECA TOWN OffICES 1250 Union Road .. '. . .

We~ Seneca, NY 14224

<TOWN BOARD PROCEE~INGS Minutes. #2011-03

March 7, 2011

Supervisor Wallace C. Piotrowski Called therneetlng to. order at 7:00P.M; with 30 seconds of silent prayer followed by the Pledge of

A~~~' . . .' '.' . ..

ROLl.. CALL: .

Present ,'. - Wallace C, Piotrowski Sheila M, Meegan. D<lleF. Clarke

. Supervisor Councilwoman 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 the memory of Walter Cl~tka, Anna Piotrowski, James Goss, and Susan Hughes.

'. -, "',' ",' :

Motion by Supervisor PI~trowskl,seconded by Councilwoman Meegan/to approve Minutes #2011-02 of february 7, '2011.

Ayes: All

Motlon Carrted

Motion by Supervisor Piotrowski, seconded twCouncllwQman Meegan; toappro"e minutes from the february 21,2011 bid bpenlng for·

police vehtcles. .. -. .. . . . .

Motion Carried

1, Councilwoman Meegan re Appointment of Jack O'Shel as youth Member of Environmental. CommissIon

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Jack O'Shel as youth member of the West Seneca .Envlronmental Commission,

Ayes: All

Noes: None

Motl.on carried

2.'. Town EngIneer re Purchase requlrlngTown BQard approval

Motion by SupervIsor PIotrowski, seconded by Councilwoman Meegan, to authorize payment of $6960 to United Survey; Inc, for flow meter rental, maintenance and reports.

Ayes: All

Noes: None

Motion Carried

WEST SENECA TOWN OFFICES 1250 Union Road

We~ Seneca, NY 14224

TOWN BOARD PROCEEDINGS Minutes #2011-03-

March 7, 2011

Page two •••

3-8 COMMUNICATIONS

3. Highway Supt. re Purchase of line stripers

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of two (2) line stripers from Pioneer Corporation at their low quote of $3295 each for a total of $6590.

http://www.westsene<:a.net/index.php7q .. node/387[4/24j2011 4:35:21 PM]

EXHIBIT A

Town Board Minutes I Town of West Seneca

4. Highway Supt. re Bid date for •. trash loader &.dump body.

5 •.. Highway Supt. ra Purchase 0(;

three tractors' .' .

6. Highway Supt. re Title change for Robert Krautsack to Highway MechanIc

7. HIghway Supt. re TItle change for Robert Garry to Highway laborer

WEST SENECA TQWN OFFICES, 1250 Union Road . .' . .

West Seneca, NY 14224

8. Highway Supt. reTitle change for Kevin Farrell to Highway laborer - caretaker

9. Highway Supt. re Title change for Scott Funk to Highway laborer

10. Highway Supt. fa Title change for Timothy Healy. to Highway laborer

11. Highway Supt. re Title change for Michael Meegan to Working Crew Chief

Ayes: All

Noes: None

Motion carried

MotIon by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a .btd date of March 21, 2011 at 10:00 A.M. for fE~celpt of blds on the purchase of a truck mounted trash loader grapple and dump body with holst forthe Highway Department •

.. Ayes: All Noes: None Motion Carried

"Motlonby Supervisor. Piotrowski, seconctedbYCOUnC!lwomari>, Meegan, to authorize the purchase of three Kubota BX1860 . tractors, 3 cyllnder.dlesel,4 wheel drive, 54"lnch, mid-mower, hydrostatic transmissIon, turf tires, power steering, cat 1-3 pt. hitch, rear/mid pto.. mtd-valve, delivered off the NYS .contract #PC62723SB.

Ayes: An

MotlonCarrlec(

Noes: None

Motion by Supervisor PIotrowski, seconded by Councilwoman Meegan, to terminate Robert Krautsack as Highway laborer and appoint Robert Krautsack as Highway Mechanic, Group 5, Step 2, ata rate of $24.56 per hour effective February 15, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

. . - .. .

Ayes: All

"Noes: None

Motion Carried

Motion by Supervisor Piotrowski, seconded by Councllwoman

.. Meegan, to terminate Robert Garry as Highway caretaker and appoint Robert Garry as Highway laborer, Group 1, Step 3, at a rate of $23.83 per hour effective February 15, 2011 and authorize the Supervisor to complete and Sign the necessary

. forms for Erie County Personnel, .

Noes: None

Motion carried

TOWN BOARD PROCEEDINGS Minutes #2011-03

March!; 2011 p~ge.three ,.' ,

. ; '::, . ~: .:.;: :' :.;", ;::.

Motion· by suoervtsor Piotrowski, seconded by councnwoman Meegan, to terminate Kevin Farrell as Sanitation MEO and appoint Kevin Farrell as Highway Laborer - Caretaker, Group 1, Step 1, at a rate of $23.21 per hour effective February 28, 2011 and authorize the Supervisor to complete and sIgn the necessary forms for Erie County Personnel.

Ayes: All

Noes: 'None

Motion Carried

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate scott Funk as Sanitation laborer and appoint Scott Funk as HIghway laborer, Group 1, Step 1, at a rate of $23.21 per hour effective February 15, 20i1.and authorize the Supervisor to complete and sign the necessary

forms for Erie County Personnel. .

Ayes: All

Noes: None

Motion carried

Motion by Supervisor Plotrowskl, seconded by Councilwoman Meegan, to terminate Timothy Healy as Sanitation MEOand appoint Timothy Healy as Highway Laborer, Group 1, Step 1,at a rate of $23.21 per hour effective February 28, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Ayes: All

Noes: None

Motion carried

Motion by Councilman Clarke, seconded by Councilwoman Meegan, to terminate Michael Meegan as Buildings & Grounds laborer and appoint Michael Meegan as Working Crew Chief, Group 6, Step 5, at a rate of $26.96 per hour effective March 7,

http://www.westseneca.net/lndex.ph p?q= nodej387 [4/24/2011 4:35:21 PM)

Town Board Minutes I Town of West Seneca

2011 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Councilwoman Meegan stated that Michael Meegan was her husband and she seconded the motion for the'sole;

purpose of discussion. ' , " ' ,

WEST SENECA TOWN OFFICES 1250 Union Road· :,-,:.:" ..

West Seneca, NY 14224

3-8

11. (continued)

.. TOWN BOARD PROCEEDINGS·:

Minutes #20U.~03 .. .

. March 1, 2011

Paglit four. • • .

. .

Highway Supt. Matthew English stated that tWo months ago he gave the board memb~rsthe names of the top three Individuals In line for this position, buttheywere unable to agree on an appOintment so he was submitting for the board's approval his choice to f1l1the position. .. .. .

" : . " :. ..

Supervisor Piotrowski stated that ~e~ould not second the motion or support this appointment because he did not believe councuwomen.neeaan's family should profitflnanclally from the appointment of her husband to this position •...

Coundlman Clarke suggested that Supervlsor'Plotrowskl respect Highway Supt. Matthew English and.hls choice ror tile posltton.-

Motion by Supervisor Plot;~~Skl, to am~~dthe rnotton.andappolnt Michael Paluch, the m~~t-senlor employee In the Buildings &.

GroundS Department, as Working Crew Chief, Gr()up 6, Step 5, at a rate of $26.96 per hour effective March. 7, 2011 and authorize the

',-,Supervisor to complete and sign the nec~ssary formsfor Erie CoLinty Personnel. .. ... . ...

M'otlonwas lost due to lack of a second.' .:

Motion by Councllwoman Meegan, seconded by coJrtcllman Clarke, to amend the motion and appoint Krls HIcks as WorkIng Crew Chief In the Buildings & Grounds Department, Group 6; Step 5, at a rate of $26.96 per hour. effective March?, 2011 and authorize the

SupervIsor to complete and Sign the necessary (orllls for Erie County Personnel. . .....

. Ayes: (2) Councilwoman Meegan, Councilman Clarke ' ..

12. Chief Gehen re Bid award for purchase of. pollee vehicles

WEST SENECA TOWN OFFICES. 12S0,Unlon Road .. We~Senecat NY 14224

3-B COMMUNICAIWNS

13. ChIef Gehen fe Attendance of Lt.

Baranowski & Officer Swift at traIning conference

14. Chief Gehen re TItle change for Officer Mary Caulfield to Detective Temporary

. :~ .

MotIon carried

Motion by Supervisor PIotrowski, seconded by Councilwoman Meegan, to award the bid for purchase of police vehicles. to Delacy Ford,3Q61 Transit Road/Elma, NY 14059 at their loW

bid of $83560, .. . .

Ayes: All

Noes; None

.. TOWN BOARD PROCEEDINGS Minutes #2011-03

March 1, 2011

Page five •••

;"

Motion by Supervisor Piotrowski, seconded by Councilwoman. f'.1eegan, to authorize Lt. Kevin BaranowskI and Officer Phil SwIft to attend the 2011 New York Tactical trainIng conference at Turning Stone Resort, Verona, New York, April 12 - 14, 2011

at a total cost not to exceed $1371.98. .

Ayes: All

Noes; None

MotIon carried

Motion by Supervisor PIotrowskI, seconded by Coundlwoman Meegan, to grant a leave of absence to Mary Caulfield as Police Officer and appoInt Mary Caulfield as Detective Temporary effectIve March 8, 2011 at an annual salary of $74,726.91 and authorIze the supervisor to complete and sign the necessary forms for Erie county Personnel.

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Town Board Minutes I Town of west Seneca

Ayes: All

Noes: None

Motion Carried

15. Chief Gehen re Extension of Officer Timothy Pratt's military leave of absence

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant an extension to Pollee Officer Timothy Pratt's military leave of absence to JUly 31, 2011 and authorize the Supervisor to complete and sign the necessary forms for Erie

ccuntv Personnel. . ..

Ayes: AU Noes: None Motion carried

Mottonby Councliwoman.Meegan~ seconded by Councilman Cia rke, to appoint Margaret A. Marttn provisionally as Records Inventory Cterk at an annual salary of $31,718.88 effective March zz, 2011 and authorize the supervisor to complete and sign the necessary forms fOf.ErleCounty Personnel,

16. Town Clerk re Appolntmerit.of.

Margaret Martin as Records <! InventorY Clerk

On the question, Supervisor Piotrowski dldnot believe It was necessary to fill thls posmon with a full-tlme.person, and If any thing, It should be one or two part-time employees which would seve.the.taxpayers money on wages and benefits.· .

WEST SENECA TOWN OFFICES 1250 Union Road

West Seneca; NY 14224

3-9

TOWN BOARD PROCEEDINGS

Minutes #2011,03 .

. March 7,2011

page, six •. II. .:,,:, .

16.

Cou ncllwoman Meegan stated that she witnessed the operatlon. ofthe Town Clerk's office dally and there was a definite need to fill this

. position. Also; Town Clerk patrlcla·DePasqllale Is an elected. offiCial, makes hiring decisions for her department, and has expressed a concern and need for a Records Irwentory Clerk. Councilwoman Meegan did not belteve that Supervisor Piotrowski uriderstoodthe responsibilities ofthe Town Clerk/Re!;elver of Taxes office and rioted that when the two otflces merged on Januaryl, 2011, the safe In the Receiver of Taxes office was. not reconciled and no petty : cash fund was provided to the Town Clerk so they could make change. Councilwoman Meegan stated that she understood the responsibilities and took action to have these thlngsdclOe even though

It was SupervIsor PiotroWski's responslblllJ;y as ChlefFlscal.Offlcer. ... .

Mrs. Depasquale stated the position has been vac~nt since last year but there Is a lot OfWO~ to be done at the Off"iil~e storage area .•.. and With the records lriventorydatabases. Wltn the consolldatlon of the offices, she has not been able-to keep up with the work; Other

. town offic~ have .records to put In storage, there are recordsthat need to be destroyed, and the work has been backing up for three,

tofour months, so she was asl<Jngthatthe posltlon befilled,.:· . '. . ..

Supervisor Piotrowski stated that they owe It to the residents to respect their request andconttnue to downsize government while pro~ldlng the same services. He thought there should be. anlndependent analysis of the Town Clerk's office to determine if they really need to. fill the position,·' ' " , .. , .. . . . ' .. . .. .. .... .... ,

Councllwoman M~egan stated that Mrs. Depasquale Is an elected official and the: hiring needs are at her discretion. She suggested th~t Supervisor Piotrowski spend more. than ten minutes In the Town Clerk's office and witness Its operation as she has and visit the storage facility·. at the Senior Citizens Center. Councilwoman, Meegan stated that the current Town Board hils done a lot of work to. ':: '.

reduce costs In many areas, but they should respect the requestofNrs, DePasquale who Is asking for addJtlonalstaff, ...

supervisor Piotrowski stated that In 2010t~~re were 247 WOrkl~g days and of those the Town Clerk's office was fully staffed only 86 days. On 34 days there were 2,!) employees, 94 days there were two employees; 19 days there were 1.5 employees, and 14 days there was only one employee. supervisor Plotrows~1 did not beileve there was a need for another full-time employee Inthe.Town

Clerk's office. ,. . . . -.

WEST SENECA TOWN OFFICES 1250 Union Road

West seneca, NY 14224

TOWN BOARD PROCEEDINGS Minutes #2011-03

March 7, 2011

Page seven.,.,

3-8 COMMUNICATIONS

16. (continued)

Councllman Clarke noted that the Town Clerk's office Is now combined with the Tax Office so the workload Is Increased and there Is a need for an additional employee to operate efficiently. He commented that Supervisor PiotrowskI Is trying to run all town departments

without full knowledge of the operations In those departments. .

Ayes: (2) Councilwoman Meegan, Councilman Clarke

Noes: (1) Supervisor Piotrowski

Motion earned

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17, Code Enforcement Officer re Purchase requiring Town Board

approval .. . .

Disaster Coordinator re

.... Appointment of Erlc Conley & Daniel Mccartan as Deputy

.: Disaster Coordinators

19, DIrector or Senior Services reo Status change for part-ttme.food service helper Marlrose atessto

seasonal ..

Director of Senior Services re Status change for part tIme food service helper carol Kennedy to seasonal .

WEST SENECA TOWN OFFICES .. 1250 Union Road

West Seneca, NY 14224

Appeal of declslon- Young Development Inc. & People Inc. vs. Town of West Seneca ..

Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $5050 to 8lel's Information Technology Systems for scanning & IndexIng records •.

Ayes: "II Noes: None Motion Carried MotlonbYSUpervls~r Plo~roWSkJ~, seconded by Councilwoman Meegan, to appoint. Eric Conley and Daniel Mccartan as Deputy Disaster Coordlnaton;.at the rate set In the 2011 town budqet, .

Ayes: All

MotIon Carried

Noes; None

Motion by Supervisor Piotrowski, seconded by Councilwoman· Meegan, to change the status of part-time food service helper Marlrose Bless to part-time seasonal effectIve February 1 - 28, 2011· and autnortze the supervisor toqlmplete and sign the. necessary forms for Erie County Personnel'

Ayes: All

Noes: None

Matlon Carried. .

on the question, Councilman Clarke distributed Phot~~('jftheproblerrlslnsewer District 13 and stated that In the month of February one of the five pumping stations In the sewer dlstrlct: pumped 17rnllHon gallaps of sewage.· He referred to a recent newspaper article stating that NYS wants the EPA todean up the creek and commented that Young Development's proposed project will only add to the prablem. It was noUalr to the residents. that have to pump sewage out of their basements and the problem should be fixed before further develapment Is allowed. Councilman Clarke stated that this was a violation of. the Clean Water Act and the Buffala Rlverkeepers should be notified of What Is being put Inta the system.ltlsl1legalunder DEC regulatloj'lsand Councilman Clarke asked

Tawn Attorney Shawn Martin to put the EPA on notice. . ... .. . ... . .

. -_ .. - ", . '. ""', ._',_._ .. ,,-:' ", ','- ..

. ," "~' '. . .

Councilwoman Meegan stated that a few weeks ago she met with U.S, Senator Klrsten.Gllllbrand regarding the sewer concerns In West Seneca and they are legItimate concerns. There are millions ofgallons of raw sewage going Inta Cazenovia Creek and the town Is ,spending amllllon dollars In fines that should be used to help fix the sItuatIon. The developer Iswlltrng to do a 4:1 rauo and that . sounds great,. but not when you consider the mllIlansaf gallons gOing Inta the creek. Councilwoman Meegan . recited ·flgures from . recent reports indicating the actual amount of raw sewage going Into Cazenovia Creek at the various pumping statrons and dId not see

where a 4:1 mitigatIon wauld make much difference.· . . .. ...

E~glneering Consultant Rick Henry stated that the 4:1 ratio makes a Jot of sense when YOUI~Ok at overflows, but when 17 million gallons are beIng discharged Inta the creek It does not have a significant effect on that. Mr; Henry stated that a significant capital

expense will be required to fix the problem and now was an opportune tIme to bond this. .. .

Councllwoman Meegan stated that they needed to be responsible and ask for flnanctal help to fix the sewer problem. She further noted that this developer Is also In the PILOT program so he .. Is getting tax breaks while polluting the creeks. Councilwoman Meegan stated that she was not opposed to seniors as Supervisor Piotrowski stated and she demonstrated that In the past when she made sure the senlor citizens center was taken care of after It was left abandoned by the prior admlnlstratton. She stated that Supervisor Piotrowski Is worried about the seniors that don't even live In. the proposed building, while she Is worried about the 10,000+ seniors that

currently live In Sewer District 13. .. . .... .. .

WEST SENECA TOWN OFFICES 1250 Union Road

West Seneca, NY 14224

3-8 COMMUNICATIONS

MotIon by Supervisor PiotrOWSki, seconded by Councilwoman Meegan,ta change the status of pert-time food service helper carol Kennedy to part-tIme seasonal effective March 1 -May 31, 2011 and authorize the supervisor to complete and Sign . the necessary forms for. Erie CountY Personnel.

' ....... ' -,_- '_- "", .

.. • ·~oes: . None···· .

Moth)nCarrled

TOWN~()~RD PROCEEDINGS Mlnutes·:#2011-03

March 7,2011

Page eliJht; •• ' .

MotIon by Councilwoman Meegan, seconded by Councilman (!aike,ta employee outside counsel to appeal Justice Whalen's declslon In the matter of YOll(lQ pevetcpment tnc. &. People Inc,

. vs. Town orwest Seneca,·.· . . . ... ..

TOWN BOARD PROCEEDINGS MInutes #2011-03

March 7, 2011

Page nine •••

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Town Board MInutes I Town of West Seneca

21. . Councilman Clarke stated that he ls not against seniors but the project Is not a perfect flt for West Seneca. He questIoned If the town Is being flned for the sewage that Is beIng discharged Into the creek and If the cost will go up If the number of gallons Is Increased.

Town Attorney Shawn Martin stated that the town pays.a license fee to discharge sewage Into the creek,but he dldnot knowlf the fee .

. was calculated by the number of gallons tha~ were discharged. . . . . ...

. .

Supervisor Piotrowski questioned If Mr. Martin had reviewed Judge Whalen's decisIon and his legal opinion on the town's ability to succeed after spending money on a law flrmforthe appeal.

Mr. Martin steted that.nehad revle\Ved Judge Whalen's decision and spoke wlth the counsel hIred to handle the appeal. It wa$thelr consensus and hIs that there are legitimate Issues that should be appealed. This was clearly something that needed to be reviewed by '. an appellate body. There ls.a.lso a companion lawsuit that Is dUe In court on Wednesday and depending on that outcome there mayor

may not be additional appeals, consolidated appeals, and other avenues to reduce the cost. .

- , ":' ,.'.': :-.

Ayes: (2) Councilwoman Meegan; councllnian Clarke·.

Noes: {1} Supervisor Piotrowski

Motion Carried

REPORTS

Patricia C Depasquale, Town Clerk's report for January 2011 received and flied.

Comptroller Robert Bielecki, Revenue/expense comparison control report posted as of March 2, 2011; Operating Fund voucher summary report, Trust voucher summary report a Capital voucher summary report for the period February 3 - March 2, 2011 received and flied.

Paula Mlnkl~i, Orchard Park Road, stated thClt she lived on Orchard Park Road since 1964 and every time there Is a heavy rain or snow _ melt raw sewage backs up lnher.basernent, Over the last two weeks It happened three tlmes, The backup lasts a few hours to a couple days and during' that time they cannot n(,lsh the tollet, shower, 'run the dishwasher, or do laundry. It rsa deplorable health hazard and If house guests are present lt.tsan unhealthy embarrassment and an Inconvenience. Mrs. Mlnklel thought this shouid be an

embarrassment to the entire communIty and Its governing body and strongly urged that a moratorium be declared on building until

thiS longstanding problem Is corrected.' .

WEST.SENECATOWN OFFICES. TOWN BOARD PROCEEDINGS

1250 Union Road '. Minutes #2011~03

West Seneca, .NY 14224 . . Mar.:;h 7, 2011

Page tell',_, , .

paulaMrnklel,or~hard P~rk RO~drstated thaVthe publ1c was.toldthe.to~n·.Would advance money to AmeriCorps and be repaid bY· grant' reimbursement and. the .debt obligationoLAmertcorps WClS projected-to go to zero by the end of 2010. Some were under-the trnpresslon that grant contracts that had been approved under the town's purview were to have been completed and reimbursed by

.. that date. Mrs. Mlnklelquestloned If the grant contracts approved for Arnertcorps when it was stili an arm of the town were fulfllled,lf reports of their completIon were filed with the agencies .that ag reed to pay them, and If there has been any Indication that they won't

be paid.·' .' .' . .

.. TO~f] Attorney Shawn Martin stated that Amencorpsbas paid the $75,000 rental obligation pursuant to the separation agreement and ' .. $25,000 toward thelroutstandlnq .debtofabout $409,000, They hoped to. have addltlon(jlfundswlthln60 days.to make another

slg nlflcant contrlbutlontowards redl.l~lng thClt figure,' . . . .

Supervls~rPJotrowskl stated that the contracts were not completed.and that was why the town flied a laws,ult~

. .

" ,.

Mrs. M.lnklel questioned If any of the amounts owed by Amertcorps exceeded the. value of.the grants.

Mr. MartIn stated that there were things the town will not be reimbursed for and that was outlined In the agreement. He offered to sit

down with Mrs. Mlnklel and explaln this Issue further. ' ..

. "',': - '.:':.:'." ': ': - '> ..... : '" . '.

Mrs. Mlnklel stated that the state audit reported that It referred the misuse of town credit cards to law enforcement for tnvestlqatlon and she questioned what agency It was referred to. She further noted that the audit found many misuses of public funds and

questioned what corrective actton was being taken agCllnst those that perpetrated this wrongdoing. . ". '.'

Mr. Martin advised that thIs was referred to Erie County District Attorney Sedita and councllwomanMeegan stated that she also referred IUo the Attorney General's office. Mr. Martin stated that corrective action was up to the various prosecuting entities.

Mrs. Minklel stated that rntsmanaqement of funds took place with lack of proper oversight and accountability from the previous administration. A corrective action plan that eliminates the positIon of Youth Director, establishes a credit card policy, and requlres pay back of funds does not address the fact that a huge amount of texpaver money will never be recovered, Including lost revenue from Interest not earned. Mrs. Mlnklel thought that a. responsible corrective action would be to charge those that perpetrated the

mishandling of funds and let the public know that West seneca will not tolerate such flagrant behavior. .

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2011~03

West Seneca, NY 14224 March 7, 2011

Page eleven, , •

ISSUES OF THE pUBLIC

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Town Board Minutes 1 Town of west seneca

AMERICORPS PEBl (continued)'

Karen tucachtck, Greenmeadow Drive, stated that It Is not just the perpetrator that should be charged, but also the prior Town Board

who allowed this to go on and she questioned what the current Town. Board could do about that, .

. Mr. ,Martin responded that the current Town Board COUld., not charge the prtor board members and only the Dlstrlct Attor~~y and Attorney General could do that. This atsolnvalved federal money, so the us Attorney General may be Involved. . .

Karen ~~cachIC1<, Greenm~adow~~ve, noted thatthe town's website Indicated Town Board meetings were held on the 2nd and 4th Monday of each month, not the 1st and,3rd Monday. sne.etsc asked thattheTownBoard,Plannlng BOard and ZonIng Board meetings be postedon.the home page so people do not have to search for them, arid that they be llsted In the _Buffalo News on the first Sunday-

of th,e month. .. . .... .

supervisor PIotrowski stated thi;'lt his secretary faxes the town meeting dates and times to all the newspapers, but It Is thelrcholceon

whether or not topubl1sh them. . . .

FORMER seNECA MALL SITE TAX ASSESSMENT

" .'. .

. . . , . . :

Amy Carpenter, woodward Crescent, questioned the statusof the tax assessment for the former Seneca Mall sIte. ',

Town Attorney Shawn MartIn advised that this was stfllin litigation, CLINTON STREET cope COMpLIANCe ISSUE

. . - - ".' - . . .. . . . . :

Dermis falzone,Cltnton Street, asked Councilwoman Meegan to meet wIth him a~~hls,wlfe so he Can gIve her the details on an Issue'

he needed assistance wIth concerning compliance wlthtown codes. . . .

. ','_'" .'""

."_ -',_ • "';'.' c. •

councnwoman Meegan stated that she will contact Mr. falzonet~ discuss thls Issue;

Dave Monolopolus, lexington Green, commented on the. number of street lights that were out on various streets In the town and thought thts was a securIty Issue; He counted 140 IIghts:outon Seneca; Street, Center Road, Indian Church Road, Harlem Road,

.' Potters Road and Slade Avenue and 19 lights on Ridge Road alone. .. .... '. . . . .'

.WEST SENECA TOWN OFFICES . tOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2011-03 .

WestSeneciI,NY 14224 March 7,;2.011

. Page twelve •••

ISSUES OF THE PUBLIC

. ,",' . -'_ ,,_, _'

'SrREeT LIGH~ (continued)"

Ch!~('Gehen stated thatofflce~ on the midnIght shift were Instructed tor~~ort any iireetllgh~ out to dispatch and theywllf report It"

to the HlghwayDepartinent, . .. '. . ..

. - ..

HlghwaYSupt Matthew English asked that anyone reporting street lIghts out give th~ pole number and house number.

councllm~~ Clark¢ stated that the town contrnuestopay the~JII for the street.Ilqhtsand he suggested contactIng the public service

Commission with thls problem. ... '. . ....

Dave Monolopolus, lexington Green, suggested alternate parklng on town streets In the winter months during the day to allOW em.ergency vehicles to access the streets easter a[\d make It easter far hIghway trucksto.plow,

Town Attorney Shawn Martin. stated that thls suggestion Is on the agenda for the Tramc Safety Committee to address at their May

meeting.' '. '.' ..

Mr. Monolopolus also suggested that the signal at IndIan Church Road and Unl~n Road be moved back for safety reasons. Mr.~lartln stated that Union Road Is a state highway sotheywould have to submit that request to the state.

Councilwoman Meegan stated that she received a request for a guardrail at East & West Road and Orchard Park Road and asked that

the Traffic Committee also address thIs Intersection." . .

HOUGHTON COLLEGE pROJECT

Arlene Vogt, UnIon Road, questioned a recent statement In the Buffalo News that she was part of a companion lawsuIt agaInst Young

Development's proposed project for the Houghton College site. . .

TOWn Attorney Shawn MartJn stated that when he was In court with Mrs. Vogt the Judge's clerk Informed them that he would be In contact with Judge Whalen and If they chose to consolidate the cases they WOUld. Mrs. Vogt was told that her case stands on Its own and now that Judge Whalen rendered his declslon on the other case, her case now has standing as an aggrIeved party to commence an Article 78. This will be addressed In court on Wednesday.

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WEST SENECA TOWN OFFICES 12S0 Union Road .

West Seneca, NY 14224

TOWN BOARD PROCEi!DINGS Minutes #2011~03

March 7, 2011

Page thirteen •••

(conttnued)

,'.

Mrs. Vogt questioned why Mr. LOrlgo's lawsuit was heard first when she filed first and they were supposed to have been heard . together; When Mrs.Vogt called the court she Was told. that "obvio\.lsfy something fell between the cracks/and she felt that politics

had been played. '.. .

:',:,'_ -_- .:'. . .

Mr. Martin stated there was no guarantee they would be together. He does not control the Judge's calendar and only received notices

on the date and time to be in court. . . . . .... '. '.

SusanPlsahczyn,unlon Road, referred to Supervlsor' Piotrowski'S statement In the ~uffalo News article that "The Town Board's dental, Its third rejection of the project, proves that opposItion had more to do wIth antt-sentor cmzen sentiment than sewers or aesthetics," Mrs.Plsanczyn stated that. oPposltl.onto.the project was never against the sentors and the majority of residents that reside along the .Houqhton College property are senior cltlzens that are. against the project. They have stated on many occastons that they are not ag'alnst seniors, but dlscnmlnatlonwas the only tactic Ralph Lorlgo had and he used it In ads in the Pennysaver and West· seneca see. Mrs. Plsanczyn statedthat the Town Board did not vote against subsIdized housing; the entire project was denied. The ads focused only on the People Inc. building and did not mentIon the massive, three-story, 128-unltluxuryapartmentbulldlng

proposed tor the site. . . . . . '. . . .

Tom McGowan,.carla Lane, referred toa 2008 news article when the Town Board denied a rezoning from residential to commercial on ~rg Road because It violated the Master Plan. He stated that the Master Plan was not considered when Buffalo RVand Mr. Young's, 51-unIt apartment building werebunbon Southwestern Blvd. behInd his home. Mr. McGowan suggested that the Master Plan be

, considered with the Houghton College project because that neighborhood should be protected, He commented on the false statements that. the residentS around Houghton College. were antl-Sen[or/antl-People Inc. Mr. McGowan commented that People Inc. provlded. enormous benetlts to the elderly and others, but suggested theygeta neW attorney and pick a more suitable location In town. People Inc. was turned down two other times due to Wllter runoff and other problems, Mr. McGowan stated that [n september 2010 People Inc. pubUsMda full page message to the residents of Sewer Dlstrlcb13 stating that the Town Engineer determIned there was sufficient capacity In the sewers to handle the project,but he did not believe thIs was true. Mr. McGowan walked the Houghton College

. r property. last year following a five day stretch of. dry weather. He walked .to the wetlands, smelling raw sewage at times, and heard

, water rushing coming from a sewer manhole 15 or 20 feet from. cazenovta Creek. Mr. McGowan stated that there was a definite capacity problem with the sewers downstream. Young Development was supposed to eliminate 30,000 gallons of sewage per day from the sewers, but he questioned how that coutdposslbty be done. Mr. McGowan further stated that he sent a letter to the three board

members on September 29, 2010 with concerns that Mr;Lortgo and Young are running the town and stated that he still

.' . . had not.recetved a response. .' .

WEST SENECATOWNOFFICES ' TOWN BOARD PROCEEDINGS

1250 Union Road . Minutes #2011~03

" ...... est ~eneC<l,NY 142~ March 7, 2011

Page fourteen... . .•.

-.'." : ... : ', ' .. -';

HOUGHTON COLLEGE PROJECT

. ,", -', ",' : .

. Councilman Clarke stated that the board members have been overruled three tl~~s by people that don't even live In the town and this takes the.votce of the people away; They are not elected In the Town of West Seneca and. should not be able to dIctate to the town;

counc1!WOmanMeegan~~reedand stated that th~Y are continuously IgnOring theT~wn BO~~d'S declslcns. She further commented that Mr; Lorlgo was entitled to bring developers Intotown but stnce Supervisor Piotrowski has. established hts relationship with Mr. longo

he prollably should not be voting on any of. those projects, '.' ..

chris PI~nCZyn, union 'Road,referre<t to Judge Whalen's st~t~merit In the Bu~alo NeWS that he was tIred of the People Inc. Issue goIng from one' dental to another. Mr. Plsanczyn stated that the prevlous two locations were denied because of sewer Issues and that Is the same problem with the Houghton College Site. This wasriever a sentor Issue and 75 percent of the residents that signed the petition oppOsing the project were seniors. Mr. Pisanczyn questioned why this project was rushed through the court and stated that they took three days to decide on a dental for the project at the waterfront. That project was denied because It did not fit In With the character of the neighborhood and that Is the reason why the Houghton College project should have been denied, Mr. Plsanczyn thoughtthat If

Mr. Lorlgo had represented the waterfront project It would have been approved., .'. .

Councilwoman Meegan stated that she found out this date that Katie's Place, Mr. Young's project at Schultz Road & Transit Road, Is under a payment In lieu of taxes (PILOT) program. The property was purchased for $125,000 and It Is now assessed at $1.15 11111110n. They pay 20 percent In taxes after the first year and every year after It Is raIsed In 5 percent Increments, Councilwoman Meegan also understood that lily's Place on. Southweste~n Blvd. that. opened In September 2010 only has 20 percent occupancy, which did not

demonstratea real need for this housIng. . .

PERSONNEL APPOINTMENTS .

ISSUES Of THg PUBLIC

. .

Beverly LeIsing, Harwood Road, commented that supervisor PiotrowskI stated It was his obligation as Town SupervIsor to answer to and work for the people of West Seneca. She questIoned why SupervIsor Piotrowski would attempt to appoint Joseph Lorlgo to a town

posltlon when the voters spoke In the last election and he lost the Town Justice race. .

Supervisor Piotrowski stated that Councilwoman Meegan asked what he would like In exchange for his support for her husband For WorkIng Crew Chief and his choIce was Joseph Lorlgo for Town Prosecutor.

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Town Board Minutes I Town of West seneca

WEST SENECA TOWN OFFICES 1250 Union Road

West Seneca, NY 14224

TOWN BOARD PROCEEDINGS Minutes #2011~03

March " 2011

Page fifteen •• ,

(continued) councllw~man Meegan denied Supervisor PI.otrowskl's statement and ~tated that he suggested t~~y discuss the two appointments togettu:r and she refused. eouncilwomanMeegan stated that. her husband was one of the senlor emploveee In the BUildings &. Grounds Dep,utment and he was entitled to seek a promotion, but she did not and will not make any arrangements to appoint Mr, Lorlgo. In

. exchange for her husband receiving a promotion;· . ..' . .. . .

...... ·.·.co~n~lI~an ctarke stated that~~e boar~haddlscussedrePlaClngPOn Ooctor,th~fotmer Working C~ew ChIef, prtor to the .... Reorganization Meeting and at that time Supervisor Piotrowski stated that he had no problem appointing Michael Meegan. A few weeks . later he wanted to know what he would get In return, but Councilman Clarke and councilwoman Meegan would. not play politics or

make any deal. . . . . .

.. Mrs, Leising qlleS~IOned If MarQaret Ma~ln was related to Town Attorney Shawn Martin and Mr. Martlnc~nflrmedthats;he was, Mrs,.

Leising did not see the difference with appointing a relative of Mr, Martin's and appointing MrS: Meegan's husband, ...

," " "', _". ":, ... ::' .. , '"

Supervisor piotrowski noted that he voted against ti1~~pPolntment of Mrs, MartIn.

, I .:.... • ,"," - : ...... .: >.

Michael Meegan, C8thedraICourt, stated that he never thought that he would get the promotion and was thankful for the job he has had with the town for the last 19 years, He stated that In November 2010 he asked Supervisor PiotrowskI for hIs support for this position and his response was -I've never had a problem wIth you and have no problem supporting you/ and they shook hands, Mr. Me~allthought that a handshake was a man's word and It set a terrible example togo against that.

super\'lso~.PI~trowSki stated that MIke Palu~l1~nd . Krls Hicks also asked for his support fortheposltlon and he committed to none of

them; He never had a problem wltli any of them but never offered hIs support to any()t' them. . . .

Tom McGowan;·Caria Lane, referred to an article In the february 10, 2011 West Sene~ Bee concerning Supervisor PIotrOWskI's efforts to appoInt Joseph lOrlgo, Mr. McGowan stated that last year he asked Supervisor PIotrowski and the other board members If they had any relatlonshlp, business or otherwise, with Mr. t.orlqo and they allsilld no, The artIcle stated that SupervlsorPlotrowsklilnd Ralph

Lorlge;> have a professtonal and personal history With each.other, .: ., . .

SUP~f\lJsor Piotrowski stated that he knows and supports the Loligo fa~lIY, . He workedforMr.l.Orlgo's law f1r~ln 1994 and that was

listed In his literature, . .

... ~'.":

TOWN BOARP PROCEEDINGS Minutes #2011~03 .. March 7, 2011,

Pag_e sixteen •••

.. WEST SENECA TOWN OFFICES. 1250 UnIon Road

. West Senec{lt.NY 14224

_-,-.,.': "

(continued)

•• Mr, McGowan stated that supervisor PIotrowski signed an .oath of office swearing that he will support the ConstitutIon of the United States and . the . constitution of the. State of New York and there Is nothIng that says, ~I11 scratch your back, If you scratch mine: It does say, "for the people and by the people," Mr. McGowan COmmended c:ouncliwomanMeegan for not failing for the "good old boys"

tricks and.for dOing what Is light for the town;·· _ . . . .

Sue Penders, Azalea Drive, stated that for over ten years there has been a problem with sewers backing up Into her house and she was told to Install a gateway valve, whIch she dId and It did stop the problem. However; It also prevents them from flushing a. toilet and using the water. Mrs. Penders understood that the town had to do a 15 year survey . mandated by the DEC and they were now In the 11 thyear.TI1e Engineering Department has told her that there are no plans for this problem to be fixed In hernelghborhood,Sewage

has backed up In her house three times already this year and she questioned If anything Is being done. . . .

Couricllwoman Meegan estimated the cost to be around $52 million dollars to fix the sewers and thought that now was the time to bond for this, but It will have. to go to a referendum. She has spoken with Senator KIrsten Gllilbrand about this problem and she Is listening.

EngineerIng Consultant RIchard Henry stated that last week they put a pump back In one of the overflows that Is permitted but hadn't

been used ln rcur years. . .. . ..

Mrs. Penders stated that there used to be iii pump at Rosewood Drive and East & West Road and that would help the situation a little, but that pump Is not allowed anymore. She felt tenyears was a long time to walt for a solution to this problem. .

Councilwoman Meegan agreed and stated that she did not know any other alternative than to bond for the necessary repairs, She noted that there was a pumpIng statton discovered on East & West Road that was In business. for 20+ years and It pumped tens of millions

of gallons of raw sewage, so the numbers used on the Houghton College project are flawed, . . .

James Kittner, Victoria Heights, East Aurora, stated that In December 2010 he retired from the Town of West Seneca after 38 years and the same sewer problems being dlscussed now were existing 38 years ago. He recalled pumping the same locations 38 years ago when there were 4000 to 5000 less homes and stated that each administration has put off fixing the problem because of the cost

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Town Board Minutes I Town of West Seneca

Involved. Mr. Kittner could not understand why Supervisor Piotrowski would back a project that will add to the sewer problem and suggested that the entire board do what needs to be done to fix this problem.

WEST SENECA TOWN OFFICES 1250 Union Road

West Seneca, NY 14224

TOWN BOARD. PROCEEDINGS Minutes #2011~03

Marth 7; 2011

Pilge seventeen •••

. '.- ~.-.

Karen tucacntck, Greenmeado~ Drive, stated that the problems that exist In West Seneca are due to the 16 years of. the prior . administration and the previous Supervisor that did wha,the wanted to do to the town. She encouraged the residents to know who

they are voting for when they go to the polls this year. . . .. ..

. .

Motion by Supervisor Piotrowski, seconded byCouncUwoman Meegan, to~ecesslo Exec~~lve Session ~t8:20 P.M. to diSCUSS two legal·

matters •. · ... ... .

The board members returned from Executive Session at 8:25P.M. ADJOURNMENT t-i~tlon by Supervisor PIotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:30 P.t-i. Motion Carried

Ayes: AU

Motion carried

Noes: None

PATRICIA C; DEPASQUALE, RHC/CMe TOWN CLERK .

1250 Union Road, West Seneca New York, 14224 I 716-674-5600 I Fax: 716-677-4330 I Contact Webmaster © 2011 Town of West Seneca I ~ I Powered by ~

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