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SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : FOURTH DEPARTMENT


:
:
In the Matter of the Application pursuant to : VERIFIED PETITION
Public Officers Law § 36 by :
:
Daniel T. Warren : Docket #_________________________
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. :
:

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”
OFFICE OF THE NEW YORK STATE COMPTROLLER
D IVISION OF LOCAL GOVERNMENT
& SCHOOL ACCOUNTABILITY

Town of
West Seneca
Misuse of Town
Credit Cards and
Resources
Report of Examination
Period Covered:
January 1, 2006 — January 21, 2010
2010M-22

Thomas P. DiNapoli
Table of Contents

Page

AUTHORITY LETTER 2

EXECUTIVE SUMMARY 3

INTRODUCTION 5
Background 5
Objective 7
Scope and Methodology 7
Comments of Local Officials 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 Officials 20


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

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 11


State of New York
Office of the State Comptroller

Division of Local Government


and School Accountability

September 2010

Dear Local Officials:

A top priority of the Office of the State Comptroller is to help local government officials manage
government resources efficiently and effectively and, by so doing, provide accountability for
tax dollars spent to support government operations. The Comptroller oversees the fiscal affairs of
local governments statewide, as well as compliance with relevant statutes and observance of good
business practices. This fiscal 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 officials 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 office for your county, as listed
at the end of this report.

Respectfully submitted,

Office of the State Comptroller


Division of Local Government
and School Accountability

2 OFFICE OF THE NEW YORK STATE COMPTROLLER


State of New York
Office of the State Comptroller
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 fiscal 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 affiliated with a not-for-profit 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 financial 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 financial 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 officials did not take the proper steps to control WNY AmeriCorps’ activities and as a result the
Town has suffered financial 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
financial 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.

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 33


The Comptroller did not perform certain fundamental duties of his office. The Comptroller 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 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 financial 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 inflated 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 reflect 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
financial 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 benefited the Executive Director. We also reviewed 20 claims, totaling
approximately $94,000, and found insufficient information to demonstrate they represented proper,
Town charges.

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

Comments of Local Officials

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

4 OFFICE OF THE NEW YORK STATE COMPTROLLER


Introduction

Background 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 fiscal 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 fulfilled 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 affiliated with a not-for-profit


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 affiliated 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,
nonprofits, 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, nonprofits. 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 specific program
requirements. Donations are considered unrestricted revenue.
3
Formed under Section 402 of Not-For-Profit Corporation Law

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 55


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 fiscal 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 financial 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 certified public accountant issued the 2008 audited


financial statements on November 25, 2009. In these statements,
the Town’s special grant fund reports a liability classified 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 fluctuate 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.

6 OFFICE OF THE NEW YORK STATE COMPTROLLER


Director, and those under his supervision, with significant 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 financial activity and properly safeguard Town resources.
Furthermore, the Town Comptroller’s failure to adequately fulfill his
duties combined with the convoluted relationship between the Town
and WNY AmeriCorps provided Town employees affiliated with
WNY AmeriCorps with the opportunity to misuse Town resources.

Officials from a Federal Inspector General’s Office are currently


auditing WNY AmeriCorps and its use of grant moneys.

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

• Does the Town Comptroller properly account for financial


activity and audit payments?

• Does the Town Board ensure that internal controls over


credit card usage are appropriately designed and operating
effectively?

Scope and We examined the Town’s internal controls over certain financial
Methodology 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.

Comments of The results of our audit and recommendations have been discussed
Local Officials and with Town officials and their comments, which appear in Appendix
Corrective Action A, have been considered in preparing this report. As specified in
Appendix A, Town officials generally disagreed with certain aspects
of our findings 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 findings and
recommendations in this report should be prepared and forwarded
to our office within 90 days, pursuant to Section 35 of the General
Municipal Law. For more information on preparing and filing 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 office.
DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 77
Misuse of Town Credit Cards and Resources
The Town’s operation of a not-for-profit organization is unusual,
particularly when the activities of the not-for-profit 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 officials did not take the proper steps to control
WNY AmeriCorps’ activities and as a result the Town has suffered
financial 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.

Failure to Establish The Town Board (Board) failed to establish policies for how the
Policies Town would handle WNY AmeriCorps financial 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 benefit the Town
and may not have contributed to the mission of AmeriCorps.

Town Comptroller The Town established the office of Town Comptroller6 (Comptroller)
Duties to assume certain accounting and financial 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 financial
activity, providing monthly financial reports to the Board and annually
auditing Town departments. We found that the Comptroller did not
perform certain fundamental duties of his office. 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 financial activity.
He also did not provide monthly financial 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.
6
The Board established the office of Town Comptroller in 1988 and appoints a
Comptroller on a bi-annual basis.

8 OFFICE OF THE NEW YORK STATE COMPTROLLER


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 confirming
that sufficient 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 financial 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 verification, 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 financial


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 financial activities. There are
specific funds that a Town must use to properly account for financial
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.

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 99


• 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 specific 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 reclassified 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 reflect these significant
reclassifications. Therefore, the Town’s accounting records are
inaccurate and do not agree with the audited financial statements.
Moreover, the Board cannot rely on the Comptroller’s accounting
records to make informed financial 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 officials 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, 2008
10
Data as of August 14, 2009

10 OFFICE OF THE NEW YORK STATE COMPTROLLER


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 reflected 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 financial statements13 reported a liability referred to
as a cash overdraft totaling $2.4 million in the special grant fund.
This approach does not appropriately reflect the financial 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 financial statements reflected 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

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 11


11
available to discharge liabilities than is reflected 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 inflated 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 reflect 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 reclassifies 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
financial 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 Office and the New York State Attorney General. As

12 OFFICE OF THE NEW YORK STATE COMPTROLLER


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 reflects additional ineligible
disbursements made.

Town Board Oversight The Supervisor and the four14 Council members of the Town Board are
responsible for overseeing the operations and finances 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
financial activity and providing proper oversight of the Comptroller.
The Board can fulfill this obligation by ensuring that the Comptroller
prepare and present monthly financial reports, conduct annual audits
and present external audit reports for review. We found that the Board
has not fulfilled 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
financial information with which to monitor Town finances.

Annual Audit – Town Law generally requires that on or before the


20th day of January, each town officer 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 financial records and reports
contain reliable information on which to base management decisions
and gives both the Board and Comptroller the opportunity to monitor
the fiscal procedures of the Town. The Comptroller did not perform
an annual audit of the records of Town officials and employees that
received or disbursed moneys on behalf of the Town during our audit

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.
DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 13
13
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 financial activity.
Furthermore, the Board has a responsibility to ensure corrective
action is taken to address any findings 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 findings relating to the Comptroller’s Office that were not
corrected.

Misuse of Town For the period January 1, 2006 through June 29, 2009, the Town paid
Credit Cards 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
certificates ($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
office 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.
17
For the fiscal years ending December 31, 2006, 2007 and 2008 (completed
November 25, 2009).

14 OFFICE OF THE NEW YORK STATE COMPTROLLER


provide for periodic monitoring by appropriate officials 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 officials 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 benefited the Executive
Director. The more significant findings 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.

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 15


15
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
identified 30 transactions totaling $15,647 that were for the
purchase of either gift cards or certificates which, in essence,
is a means of obtaining cash through the credit card. It is
difficult to determine what these gift cards or certificates 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.

• Insufficient Documentation – Seventy transactions totaling


$73,830 were insufficiently 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-five


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.

16 OFFICE OF THE NEW YORK STATE COMPTROLLER


• Executive Director – The Executive Director personally
benefited 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
office, 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 significant problems identified 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 significant 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-profit 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 specific 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 sufficiently itemized or detailed to determine whether they
represented appropriate Town charges.

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 17


17
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 financial
activity).

• Capital Purchase – One claim totaling $18,477 was for


flooring 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.

Recommendations 1. The Board should exercise appropriate oversight and ensure


that the Comptroller fulfills all of the duties and responsibilities
assigned to that office.

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.

18 OFFICE OF THE NEW YORK STATE COMPTROLLER


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 financial


activity and the Town’s accounting records should fully support
the amounts reported in the audited financial 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


officers 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


officials comply with the credit card policy and procedures.

9. The Board should restrict access to credit cards to only Board


authorized Town officials 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.

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 19


19
APPENDIX A

RESPONSE FROM LOCAL OFFICIALS

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

20 OFFICE OF THE NEW YORK STATE COMPTROLLER


DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 21
21
See
Note 1
Page 31

See
Note 1
Page 31

22 OFFICE OF THE NEW YORK STATE COMPTROLLER


DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 23
23
24 OFFICE OF THE NEW YORK STATE COMPTROLLER
DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 25
25
26 OFFICE OF THE NEW YORK STATE COMPTROLLER
See
Note 2
Page 31

See
Note 3
Page 31

See
Note 4
Page 31

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 27


27
See
Note 2
Page 31

See
Note 5
Page 31

28 OFFICE OF THE NEW YORK STATE COMPTROLLER


DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 29
29
30 OFFICE OF THE NEW YORK STATE COMPTROLLER
APPENDIX B

OSC COMMENTS ON THE TOWN’S RESPONSE

Note 1

We identified significant control weaknesses and process deficiencies that were still occurring as of
the end of our field work. Furthermore, we reviewed and found exceptions with transactions that
occurred in 2008 and 2009.

We acknowledge that the current Board has taken significant 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 deficiencies identified
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 confirmed with various department heads that the Town Comptroller did not require them to
submit supporting documentation for credit card activity.

Note 3

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

Note 4

The Town Comptroller failed to perform his duty to annually audit all town officers 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.

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 31


31
APPENDIX C

AUDIT METHODOLOGY AND STANDARDS

During this audit, we evaluated the Town’s internal controls over certain financial 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 officials 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, financial 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 sufficient,
appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit
objective. We believe that the evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objective.

32 OFFICE OF THE NEW YORK STATE COMPTROLLER


APPENDIX D

HOW TO OBTAIN ADDITIONAL COPIES OF THE REPORT

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

Office of the State Comptroller


Public Information Office
110 State Street, 15th Floor
Albany, New York 12236
(518) 474-4015
http://www.osc.state.ny.us/localgov/

DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 33


33
APPENDIX E
OFFICE OF THE STATE COMPTROLLER
DIVISION OF LOCAL GOVERNMENT
AND SCHOOL ACCOUNTABILITY
Steven J. Hancox, Deputy Comptroller
John C. Traylor, Assistant Comptroller

LOCAL REGIONAL OFFICE LISTING

ALBANY REGIONAL OFFICE HAUPPAUGE REGIONAL OFFICE


Kenneth Madej, Chief Examiner Ira McCracken, Chief Examiner
Office of the State Comptroller Office of the State Comptroller
22 Computer Drive West NYS Office Building, Room 3A10
Albany, New York 12205-1695 Veterans Memorial Highway
(518) 438-0093 Fax (518) 438-0367 Hauppauge, New York 11788-5533
Email: Muni-Albany@osc.state.ny.us (631) 952-6534 Fax (631) 952-6530
Email: Muni-Hauppauge@osc.state.ny.us
Serving: Albany, Columbia, Dutchess, Greene,
Schenectady, Ulster counties Serving: Nassau, Suffolk counties

BINGHAMTON REGIONAL OFFICE NEWBURGH REGIONAL OFFICE


Patrick Carbone, Chief Examiner Christopher Ellis, Chief Examiner
Office of the State Comptroller Office of the State Comptroller
State Office Building, Room 1702 33 Airport Center Drive, Suite 103
44 Hawley Street New Windsor, New York 12553-4725
Binghamton, New York 13901-4417 (845) 567-0858 Fax (845) 567-0080
(607) 721-8306 Fax (607) 721-8313 Email: Muni-Newburgh@osc.state.ny.us
Email: Muni-Binghamton@osc.state.ny.us
Serving: Orange, Putnam, Rockland,
Serving: Broome, Chenango, Cortland, Delaware, Westchester counties
Otsego, Schoharie, Sullivan, Tioga, Tompkins counties

ROCHESTER REGIONAL OFFICE


BUFFALO REGIONAL OFFICE Edward V. Grant, Jr., Chief Examiner
Robert Meller, Chief Examiner Office of the State Comptroller
Office of the State Comptroller The Powers Building
295 Main Street, Suite 1032 16 West Main Street – Suite 522
Buffalo, New York 14203-2510 Rochester, New York 14614-1608
(716) 847-3647 Fax (716) 847-3643 (585) 454-2460 Fax (585) 454-3545
Email: Muni-Buffalo@osc.state.ny.us Email: Muni-Rochester@osc.state.ny.us

Serving: Allegany, Cattaraugus, Chautauqua, Erie, Serving: Cayuga, Chemung, Livingston, Monroe,
Genesee, Niagara, Orleans, Wyoming counties Ontario, Schuyler, Seneca, Steuben, Wayne, Yates counties

GLENS FALLS REGIONAL OFFICE SYRACUSE REGIONAL OFFICE


Karl Smoczynski, Chief Examiner Rebecca Wilcox, Chief Examiner
Office of the State Comptroller Office of the State Comptroller
One Broad Street Plaza State Office Building, Room 409
Glens Falls, New York 12801-4396 333 E. Washington Street
(518) 793-0057 Fax (518) 793-5797 Syracuse, New York 13202-1428
Email: Muni-GlensFalls@osc.state.ny.us (315) 428-4192 Fax (315) 426-2119
Email: Muni-Syracuse@osc.state.ny.us
Serving: Clinton, Essex, Franklin, Fulton, Hamilton,
Montgomery, Rensselaer, Saratoga, Warren, Washington Serving: Herkimer, Jefferson, Lewis, Madison,
counties Oneida, Onondaga, Oswego, St. Lawrence counties

34 OFFICE OF THE NEW YORK STATE COMPTROLLER


EXHIBIT “2”
01/14/2008 Town Board Meeting Minutes, Town of West Seneca, New York, USA Page 1 of 11

West Seneca Town Board Meeting Minutes


01/14/2008
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2008-01
West Seneca, NY 14224 January 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 -

Wallace C. Piotrowski Supervisor


Vincent J. Graber Jr. Councilman
Christina Wleklinski Bove. Councilwoman
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 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.

Ayes: All Noes: None Motion Carried

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.

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Ayes: All Noes: None Motion Carried

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

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1250 Union Road Minutes #2008-01
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Page two . . .

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,

Ayes: (2) Councilman Clarke, Councilman Bove


Noes: (3) Councilman Graber, Councilwoman Meegan, Supervisor Piotrowski
Motion Denied

On the original motion,

Ayes: (3) Councilman Graber, Councilwoman Meegan, Supervisor Piotrowski


Noes: (2) Councilwoman Bove, Councilman Clarke
Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS


1250 Union Road Minutes #2008-01
West Seneca, NY 14224 January 14, 2008
Page three . . .

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.

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Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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:

Patricia Farr Margaret Welker


Laurine Fischione Marcia Turner
Margaret Pomona

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

Ayes: All Noes: None Motion Carried

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

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

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS


1250 Union Road Minutes #2008-01
West Seneca, NY 14224 January 14, 2008
Page four . . .

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS


1250 Union Road Minutes #2008-01
West Seneca, NY 14224 January 14, 2008
Page five . . .

ISSUES OF THE PUBLIC

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.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS


1250 Union Road Minutes #2008-01
West Seneca, NY 14224 January 14, 2008
Page six . . .

ISSUES OF THE PUBLIC

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.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS


1250 Union Road Minutes #2008-01
West Seneca, NY 14224 January 14, 2008
Page seven . . .

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ISSUES OF THE PUBLIC

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

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

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS


1250 Union Road Minutes #2008-01
West Seneca, NY 14224 January 14, 2008
Page eight . . .

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.

Ayes: All Noes: None Motion Carried

_______________________________________

PATRICIA C. DEPASQUALE, RMC/CMC


TOWN CLERK

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Board Meeting Minutes 08/16/2010 | Town of West Seneca Page 1 of 14

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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

Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

12-A MINUTES TO BE APPROVED

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

Ayes: All Noes: None Motion Carried

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

Ayes: All Noes: None Motion Carried

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?”

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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.

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West Seneca, NY 14224 August 16, 2010

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

2. Rezoning request for 266 Fisher Road

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

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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

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

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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Page four . . .

12-C TABLED ITEMS

4. Electronic sign at Tops on Orchard Park Road

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

Ayes: All Noes: None Motion Carried

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

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Park Road conditioned on a 30-second interval requirement.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

*APPENDICES*

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Page five . . .

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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

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

Ayes: All Noes: None Motion Carried

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

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Ayes: All Noes: None Motion Carried

*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.

Ayes: All Noes: None Motion Carried

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

*APPENDICES*

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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.

ISSUES OF THE PUBLIC

STATUS OF UNION ROAD STREETSCAPE PROJECT

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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.

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ISSUES OF THE PUBLIC

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.)

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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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

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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

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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

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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

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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.

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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

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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.

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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

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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

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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.

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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.

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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

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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.

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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.

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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.

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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

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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.

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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

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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.

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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.

Ayes: All Noes: None Motion Carried

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

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

_______________________________________

PATRICIA C. DEPASQUALE, RMC/CMC


TOWN CLERK

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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

Supervisor Wallace C. Piotrowski called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.

ROLL CALL: Present - Wallace C. Piotrowski, Supervisor


Sheila M. Meegan, Councilwoman
Dale F. Clarke, Councilman
Absent - None

Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

13-A MINUTES TO BE APPROVED

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

Ayes: All Noes: None Motion Carried

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

Ayes: All Noes: None Motion Carried

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

Ayes: All Noes: None Motion Carried

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.

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

*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.

Ayes: All Noes: None Motion Carried

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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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

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

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.

ISSUES OF THE PUBLIC

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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.

http://www.westseneca.net/index.php?q=node/174 3/7/11
Board Meeting Minutes 09/20/2010 | Town of West Seneca Page 8 of 9

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.

ISSUES OF THE PUBLIC

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

http://www.westseneca.net/index.php?q=node/174 3/7/11
Board Meeting Minutes 09/20/2010 | Town of West Seneca Page 9 of 9

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.

Ayes: All Noes: None Motion Carried

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.

Ayes: All Noes: None Motion Carried

_______________________________________

PATRICIA C. DEPASQUALE, RMC/CMC


TOWN CLERK

http://www.westseneca.net/index.php?q=node/174 3/7/11
EXHIBIT “5”
Page 1 of 3

Daniel Warren

From: Pat DePasquale [pdepasqu@TWSNY.ORG]


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
Dan,

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

Pat

From: Daniel Warren [mailto:d.warren@roadrunner.com]


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:pdepasqu@TWSNY.ORG]


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:d.warren@roadrunner.com]


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

2/24/2011
Page 2 of 3

West Seneca, New York 14224-1235

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2/24/2011
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011

Supervisor Wallace C. Piotrowski called the meeting to order at 7:00 P.M. with 30 seconds of
silent prayer followed by the Pledge of Allegiance.

ROLL CALL: Present - Wallace C. Piotrowski Supervisor


Sheila M. Meegan Councilwoman
Dale F. Clarke Councilman

Absent - None

Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in
case of a fire or an emergency.

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 Motion by Supervisor Piotrowski, seconded by


Reserve Road Councilwoman Meegan, to remove this item from the
table.

Ayes: All Noes: None Motion Carried

Motion by Councilwoman Meegan, seconded by


Councilman 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 Motion by Supervisor Piotrowski, seconded by


Appointment of R. Pinnavaia Councilwoman Meegan, to table this item until the end of
as Fire Inspector PT & J. the meeting.
Schieber as Code
Enforcement Officer Ayes: All Noes: None Motion Carried

2. Councilman Clarke re Title Motion by Councilman Clarke to appoint Michael Meegan


change for Michael Meegan as Working Crew Chief in the Buildings & Grounds
to Working Crew Chief 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 Motion by Supervisor Piotrowski, seconded by


requiring Town Board Councilwoman Meegan, to authorize payment of
approval $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 Motion by Supervisor Piotrowski, seconded by


for asphalt roller 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 Motion by Supervisor Piotrowski, seconded by


for field rake 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 Motion by Supervisor Piotrowski, seconded by


of recycling bins 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 Motion by Supervisor Piotrowski, seconded by


change for William Schwartz Councilwoman Meegan, to terminate William Schwartz,
to General Crew Chief 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

8. Highway Supt. re Title Motion by Supervisor Piotrowski, seconded by


change for Edwin Lehsten to Councilwoman Meegan, to terminate Edwin Lehsten as
Working Crew Chief 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

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS


1250 Union Road Minutes #2011-02
West Seneca, NY 14224 February 7, 2011
Page four . . .

2-C COMMUNICATIONS

9. Highway Supt. re Title Motion by Supervisor Piotrowski, seconded by


change for Gregory Councilwoman Meegan, to terminate Gregory
Zimmerman to Working Crew Zimmerman as Highway MEO and appoint Gregory
Chief 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

10. Highway Supt. re Title Motion by Supervisor Piotrowski, seconded by


change for Mark Kerner to Councilwoman Meegan, to terminate Mark Kerner as
Motor Equipment Operator 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

11. Highway Supt. re Title Motion by Supervisor Piotrowski, seconded by


change for Dennis Weber to Councilwoman Meegan, to terminate Dennis Weber as
Motor Equipment Operator 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

12. Highway Supt. re Title Motion by Supervisor Piotrowski, seconded by


change for John Pangallo to Councilwoman Meegan, to terminate John Pangallo as
Motor Equipment Operator 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 Motion by Supervisor Piotrowski, seconded by


change for Mark Hearn to Councilwoman Meegan, to terminate Mark Hearn as
Heavy Motor Equipment Highway MEO and appoint Mark Hearn as Highway
Operator 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

14. Highway Supt. re Title Motion by Supervisor Piotrowski, seconded by


change for James Nicholas to Councilwoman Meegan, to terminate James Nicholas as a
Sewer Maintenance Worker 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 Motion by Supervisor Piotrowski, seconded by
purchase of police vehicles 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 Motion by Supervisor Piotrowski, seconded by


of Officer Michael Rybak at Councilwoman Meegan, to authorize Officer Michael
School Resource Officer Rybak to attend the School Resource Officer training
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 Motion by Supervisor Piotrowski, seconded by


of Lt. McNamara & Officer Councilwoman Meegan, to authorize Lt. John McNamara
Deppeler at training and Officer Robert Deppeler to attend the 6th annual NYS
conference 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 Motion by Supervisor Piotrowski, seconded by


Amendment Request 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 Motion by Supervisor Piotrowski, seconded by


requiring Town Board Councilwoman Meegan, to authorize payment of
approval $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 Motion by Supervisor Piotrowski, seconded by


Detective Mark McMahon 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 Motion by Supervisor Piotrowski, seconded by


absence for Colleen Councilwoman Meegan, to approve a leave of absence
Schappert 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 Motion by Supervisor Piotrowski, seconded by


change for part-time clerk Councilwoman Meegan, to change the status of part-time
Tim Maciejewski to seasonal 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 Motion by Supervisor Piotrowski, seconded by


of Linda Boldt as part-time Councilwoman Meegan, to appoint Linda Boldt as
clerk 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 Motion by Supervisor Piotrowski, seconded by


for part-time clerk Laurine Councilwoman Meegan, to change the status of part-time
Fischione to seasonal 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 Motion by Supervisor Piotrowski, seconded by


of petty cash fund for Councilwoman Meegan, to establish a petty cash fund of
collection of taxes $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 Motion by Supervisor Piotrowski, seconded by


Status change for part-time Councilwoman Meegan, to change the status of part-time
clerk typist Sarah Flattery to clerk typist Sarah Flattery to part-time seasonal effective
seasonal 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 Motion by Supervisor Piotrowski, seconded by


Status change for part-time Councilwoman Meegan, to change the status of part-time
van driver John McCartan to van driver John McCartan to part-time seasonal effective
seasonal 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 Motion by Supervisor Piotrowski, seconded by


Part-time employees wage Councilwoman Meegan, to approve the following wage
scale 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.

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 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

_______________________________________
PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK
EXHIBIT “6”
West Seneca supervisor, board member spar over appointment, promotion - West Se... Page 1 of 4

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.

cpsecht@buffnews.com

Comments

SORT: NEWEST FIRST | OLDEST FIRST

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West Seneca supervisor, board member spar over appointment, promotion - West Se... Page 3 of 4

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

REPLY FLAG AS INAPPROPRIATE

"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

REPLY FLAG AS INAPPROPRIATE

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

REPLY FLAG AS INAPPROPRIATE

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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West Seneca supervisor, board member spar over appointment, promotion - West Se... Page 4 of 4

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EXHIBIT “7”
Two board members, residents question West Seneca supervisor - City & Region - T... Page 1 of 2

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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Two board members, residents question West Seneca supervisor - City & Region - T... Page 2 of 2

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.

cspecht@buffnews.com

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