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Thread: Town vehicle ruling causes acrimony and divisive controversy

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    Town vehicle ruling causes acrimony and divisive controversy

    It is difficult to report on a Lancaster town board event that seems to be causing so much controversy and especially when all parties involved in addressing the town board did so with good intentions and in the spirit of Christmas giving. Therefore, the best way to report is to just report it as what took place.

    Councilman Ron Ruffino thanked Youth Bureau Director John Trojanowski for all the work he did, and others as well, in making the town toy drive successful. Ruffino recognized him in the crowd and asked him to comment.

    Trojanowski declared that once he realized that town vehicles could not be used to pick up toys stored at a Cheektowaga storage facility, the Youth Bureau had to make other arrangements to pick up the toys at the Walden Avenue depot in Cheektowaga. They had many groups that offered help. “The Police Benevolent Association, members of the Bowmansville Volunteer Fire Department and members of the public went to the Cheektowaga facility to pick up the toys. U-Haul donated the truck. The community did rise to the occasion.”

    Councilman John Abraham: I just want to ask the Supervisor … this program is very important to the community and I know as a member of the Youth Bureau, and as teacher, the effort that was put in on that aspect to make this community drive a success for the needy families of the community; including the Christmas trees that are donated by the students and where they stay after school to make cookies to make money to buy canned goods. This is a great community effort on the part of the town and the school district to make this a great, great success. One question to you Dino is the not allowing of a town vehicle to pick up the toys. You said it was a legal opinion. Would you be willing to provide that to the rest of the board?

    Supervisor Fudoli: I contacted outside legal counsel Jeff Swiatek and he said for liability purposes we should not be using town equipment and manpower outside the district.

    Abraham: This is a sanctioned program that is run by the town. How is this different than when one of our police officers is using a town vehicle to transport a prisoner to another municipality?

    Fudoli: There is a gray area in what is considered official business and what is not official business. Swiatek said that with liability and workman’s comp issues it is advisable not to … your best interest is to have volunteers pick up the stuff. If you want something drawn up on the matter we can do that.

    Trojanowski: All the miscommunications that took place last year has been resolved. We now know what the needs are and what we have to do to make the program successful in the future.

    Fudoli: Thank you, John.

    Council member Donna Stempniak: John, this doesn’t mean that the program will not exist anymore?

    Trojanowski: No, not at all. This means next year that we have to use our resources differently.

    Fudoli: There was never an issue of not doing the program; or not moving it forward. It is simply that one aspect of the program; that’s it.

    Stempniak: I guess what I’m asking is why this year and not before.

    Fudoli: Because it was brought to my attention this year when I received a memo from Mark Lubera (interim Parks & Recreation Crew Chief). In the past, former Parks & Rec. Crew Chief McCracken handled it. It was never brought to the attention of my office. That is why we contacted legal counsel Jeff Swiatek. In the past we drove all over in town vehicles; including the City. Mark Lubera being a new crew chief did not know what his responsibility is in the matter, whether it was allowable or not, brought it to my attention, so ultimately this is the only thing that has changed. I thought we had a lot of time to resolve the change issue, not realizing the event was this week, not next week. Like John said, there was lot of miscommunication and the timing was off.

    Stempniak: And his specification was that it was not extension time?

    Fudoli: Wait a minute, Jeff (Swiatek) just said, “I advise you not to allow them to go out and pick up stuff outside the borders of our town unless you have a reciprocating agreement in place with another community, an inter-municipal agreement to share services. For liability purposes I advise you not to do that. Get volunteers.” That was his advice.

    Stempniak: You’re going to get that to us.

    Fudoli: I will send it to everyone that wants it; as soon as I get it.

    Public comment session

    Resident Marie MacKay: Mr. Fudoli, I was very saddened when I woke up Saturday morning and saw the news on TV that you were not going to allow town vehicles to go and retrieve the gifts from Cheektowaga and bring them back to town. This town is known as a giving town. As a person I have worked at the Youth Bureau for many Christmas’ and gave out gifts to needy families. There are many needy families in this community.

    I know you say it’s a liability. My question to you is whether the trucks/vehicles in Lancaster never go outside of Lancaster; when they need parts for their vehicles or otherwise.

    Fudoli: As I said earlier, it was recognized by legal counsel and I made a determination that town vehicles could not be used for the purpose intended. I have been Supervisor for three years and this was never brought to my attention. We have an interim crew chief and he brought this to my attention. In the past Mr. McCracken handled it and it was not brought to my attention. If I didn’t follow the advice of legal counsel and an accident occurred outside the district and someone got killed, people would be standing here and asking why I didn’t follow the legal advice given me.

    MacKay: What bothers me is that you have been supervisor for the last three years and you don’t know what your employees do every minute of the day.

    Fudoli: Really?

    MacKay: Well my boss knows what I’m doing, so I think you should have known that every year your town employees were using town vehicles to go to Cheektowaga to pick up the donations and bri
    ng them back.

    Fudoli: Again, if a department head did not bring it to my attention, circumvented my office, am I supposed to know that he was circumventing my office? Now that I do know about it, am I supposed to ignore it?

    MacKay: I think that as a supervisor you should know what all your managers and employees are doing. As a taxpayer I want to know what they are doing.

    Fudoli: You are chastising me for doing the right thing.

    McKay: I am not chastising you, I am making a point. What are we doing to these families? These families come with nothing. They stand there, they cry and they thank us. The community comes together.

    Fudoli: You are ignoring the facts.

    MacKay: I want to finish. They bake cookies, they donate trees, they decorate trees, they donate tons of books, and they are allowed to go into the clothing closet to get clothes so they are warm for the winter. I hope that never in your life will you be poor and stand in that line and wait for food; for that may be the only food they receive.

    Fudoli: We are not shutting down the program.

    MacKay: You could have looked the other way, Mr. Fudoli. You could have looked the other way for once.

    Fudoli: You want me to look the other way when the legal advisor gives me advice? Really? If I was your employer I would seriously question your judgment.

    MacKay: Sometimes we have to do what we have to do. Again, you should have known what your employees do. You made a promise that you would be there on Thursday.

    Fudoli: Right.

    MacKay: You said I will be there on Thursday and I will help wrap gifts. You said you would wear a Santa Claus hat.

    Fudoli: No I didn’t.

    MacKay: Yes you did. So I want to make sure you are equipped for Thursday to help those needy families. (Handed Fudoli a Christmas hat).

    Fudoli: Thanks Marie. The program will not be shut down. Under no circumstances are these people not going to get their …

    MacKay: This is Lancaster …

    Fudoli: The point is this; there is not one single needy family that is not going to get anything. You are acting as if I …

    MacKay: It’s because people volunteer …

    Fudoli: That’s what people should be doing.

    MacKay: But if you are going to implement a new policy then you have to say …

    Fudoli: We can go back and forth all day … that’s fine and you are entitled to your own opinion.

    MacKay: I am entitled to my opinion. I know what I was told and have good resources and was told that at the last minute doing this was wrong. And I hope you spend the whole day there Thursday …

    Fudoli: I won’t be there, my wife is having surgery.

    MacKay: Well I hope that one day you will look into those faces of the little children.

    Fudoli: You make it sound like I have a problem with poor people.

    MacKay: I didn’t say that. Did I say that?

    Fudoli: You’re saying to look into the eyes of the people.

    MacKay: I want you to understand that if people in this community didn’t step forward and volunteered that stuff today and last week, those little children would get no gifts. Thank you very much. Merry Christmas.

    Resident Carmen Hangauer: Supervisor, I agree with you 100%. It is not a popular decision, but does concern town liability. It is something that hurts. I can understand the person that they give it to.

    Mr. Abraham, in your classroom, one of the things that is a number one issue is the welfare of your children?

    Abraham: One of them, right.

    Hangauer: It’s fun to throw a ball around and if they were to do that …

    Abraham: It would get ugly very quick.

    Hangauer: Whatever. But I mean if it was for exercise that was meant as a fundraiser, or whatever, but it got out of hand, the rules in school say you are not supposed to do it. Would you look to the rules of the school or would you look the other way?

    Abraham: I would do exactly what I am supposed to do.

    Hangauer: Exactly. You follow what you are supposed to do. I am very upset with the person that came up here and said for you to look the other way. And I am glad you didn’t look the other way,
    Supervisor, as it did not affect the toy drive; is that correct?

    Fudoli: It did not.

    Hangauer: It did not affect the toy drive and the whole program went on. Right now I am very upset and thank you for following the rules.

    Resident Ken Graber: I had no intent in speaking, whatsoever. I basically came here as support to John (Trojanowski), the other people from the Youth Bureau and others to repeat the message of the toy drive.

    However Mr. Fudoli, on a couple of statements you made tonight I want to ask questions about. The first, you said that the legal counsel you received was from Jeff. I take that as being Jeff Swiatekfrom Hodgson Russ? (Outside counsel)

    Fudoli: Yes.

    Graber: Did you ever consult Mr. Dudziak (Town Attorney)?

    Fudoli: He was not around; not in his office.

    Graber: Not in. What about by cell phone? I would think he would know what’s going on around the town. The other thing is that when you were discussing this with Mrs. MacKay you made the statement that this was an unauthorized program.

    Fudoli: No I didn’t.

    Graber: That’s what you said. Your earlier statement to Mr. Abraham and Mrs. Stempniak was that this was an unauthorized program going on; that’s my understanding. The Youth Bureau’s program was authorized by establishment and you gave Mr. Swiatek the wrong information.

    Fudoli: I didn’t tell him that.

    Graber: I think everybody heard what you said.

    Fudoli: I didn’t say unauthorized, I said unofficial business. Unofficial town business is how it was worded.

    Graber: Whether it is unofficial business or not the program was authorized.

    Fudoli: I didn’t say unauthorized, you said unauthorized. I said unofficial.

    Graber: Well if it’s unauthorized or unofficial …

    Fudoli: Please don’t tell me you don’t understand the difference between unauthorized and unofficial; and you are working with children.

    Graber: Mr. Fudoli, what we can understand is that you’re lying.

    Fudoli: No, I am not.

    Graber: Yes you are. Whether it’s authorized or official, it’s a town program. It was authorized and it is official. I agree with you if it were never authorized you can’t do it. But Mr. Swiatek was given the wrong information and of course he is going to tell you shouldn’t do this. You are the one making the statement. Thank you.

  2. #2
    Tony Fracasso - Admin
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    What am I missing here?

    Trojanowski declared that once he realized that town vehicles could not be used to pick up toys stored at a Cheektowaga storage facility, the Youth Bureau had to make other arrangements to pick up the toys at the Walden Avenue depot in Cheektowaga. They had many groups that offered help. “The Police Benevolent Association, members of the Bowmansville Volunteer Fire Department and members of the public went to the Cheektowaga facility to pick up the toys. U-Haul donated the truck. The community did rise to the occasion.”
    Why would board members add so much drama to this situation?

    U-Haul donated a truck and volunteers picked up the toys. Right? There really is no reason to use a town owned truck for this or to use paid town employees for this. Correct?

    U-Haul can donate a truck each year if they want and volunteers can do the rest if they want. Right? Even town employees can volunteer on their own time. Correct? If one year U-Haul says they can not donate a truck I'm pretty sure a few business people in Lancaster can chip in and rent a truck. Correct?

    Councilman John Abraham: I just want to ask the Supervisor … this program is very important to the community and I know as a member of the Youth Bureau, and as teacher, the effort that was put in on that aspect to make this community drive a success for the needy families of the community; including the Christmas trees that are donated by the students and where they stay after school to make cookies to make money to buy canned goods. This is a great community effort on the part of the town and the school district to make this a great, great success. One question to you Dino is the not allowing of a town vehicle to pick up the toys. You said it was a legal opinion. Would you be willing to provide that to the rest of the board?
    Provide what? A dose of common sense?

    What is wrong with John? Seriously.. It seems like common sense that town equipment shouldn't be used for "non-town" purposes. Is John a card carrying member of the Erie County Democratic Party? Simple yes or no is all we need.

    https://www.facebook.com/eriecountydemocraticcommittee

    Abraham: This is a sanctioned program that is run by the town. How is this different than when one of our police officers is using a town vehicle to transport a prisoner to another municipality?
    Why make an issue of it? Why open up the property/business owners to any liability issues when you can have a truck donated in some form and have volunteers do the task?

    Fudoli: Because it was brought to my attention this year when I received a memo from Mark Lubera (interim Parks & Recreation Crew Chief). In the past, former Parks & Rec. Crew Chief McCracken handled it. It was never brought to the attention of my office. That is why we contacted legal counsel Jeff Swiatek. In the past we drove all over in town vehicles; including the City. Mark Lubera being a new crew chief did not know what his responsibility is in the matter, whether it was allowable or not, brought it to my attention, so ultimately this is the only thing that has changed. I thought we had a lot of time to resolve the change issue, not realizing the event was this week, not next week. Like John said, there was lot of miscommunication and the timing was off.

    Stempniak: And his specification was that it was not extension time?

    Fudoli: Wait a minute, Jeff (Swiatek) just said, “I advise you not to allow them to go out and pick up stuff outside the borders of our town unless you have a reciprocating agreement in place with another community, an inter-municipal agreement to share services. For liability purposes I advise you not to do that. Get volunteers.” That was his advice.

    Stempniak: You’re going to get that to us.

    Fudoli: I will send it to everyone that wants it; as soon as I get it.
    What is Donna's issue? Is she also a card carrying member of the Erie County Democratic Party?

    I guess two doses of common sense are needed.

    Fudoli: I will send it to everyone that wants it; as soon as I get it.
    Wouldn't it just be easier for Dino to tell Donna and John to call Jeff's office and to repeat to them "I advise you not to allow them to go out and pick up stuff outside the borders of our town unless you have a reciprocating agreement in place with another community, an inter-municipal agreement to share services. [B][I][COLOR="#008000"]For liability purposes I advise you not to do that. Get volunteers."

    Dino is the Superivisor. Why waste his time?

    I'm pretty sure Jeff is part of the Democratic Party social club of Erie County. Donna and John can ask Jeff next time they see him at a fund raiser.

    Resident Marie MacKay: Mr. Fudoli, I was very saddened when I woke up Saturday morning and saw the news on TV that you were not going to allow town vehicles to go and retrieve the gifts from Cheektowaga and bring them back to town. This town is known as a giving town. As a person I have worked at the Youth Bureau for many Christmas’ and gave out gifts to needy families. There are many needy families in this community.
    I thought that U-Haul donated a truck and that volunteers gave their time and accomplished the mission? Correct? If so why is Marie saddened?

    I know you say it’s a liability. My question to you is whether the trucks/vehicles in Lancaster never go outside of Lancaster; when they need parts for their vehicles or otherwise.
    Was Marie told that Jeff said "I advise you not to allow them to go out and pick up stuff outside the borders of our town unless you have a reciprocating agreement in place with another community, an inter-municipal agreement to share services. [B][I][COLOR="#008000"]For liability purposes I advise you not to do that. Get volunteers."?

    MacKay: What bothers me is that you have been supervisor for the last three years and you don’t know what your employees do every minute of the day.

    Fudoli: Really?

    MacKay: Well my boss knows what I’m doing, so I think you should have known that every year your town employees were using town vehicles to go to Cheektowaga to pick up the donations and bring them back.
    I'm an not being disrepectful but does Marie's boss know she is wasting the Town of Lancaster Supervisor's time?


    McKay: I am not chastising you, I am making a point. What are we doing to these families? These families come with nothing. They stand there, they cry and they thank us. The community comes together.
    Marie isn't making a point. Marie is wasting the Town of Lancaster Supervisor's time while pushing to open up a possible liability issue for the property/business owners.

    MacKay: You could have looked the other way, Mr. Fudoli. You could have looked the other way for once.

    Fudoli: You want me to look the other way when the legal advisor gives me advice? Really? If I was your employer I would seriously question your judgment.
    Looking the other way would be irresponsible. It would not be in the best interest of the property/business owners to look the other way.

    Fudoli: You want me to look the other way when the legal advisor gives me advice? Really? If I was your employer I would seriously question your judgment.
    Good job Dino.

    Graber: Yes you are. Whether it’s authorized or official, it’s a town program. It was authorized and it is official. I agree with you if it were never authorized you can’t do it. But Mr. Swiatek was given the wrong information and of course he is going to tell you shouldn’t do this. You are the one making the statement. Thank you.
    I wonder if Sam's Club sells an econo size box of common sense.

  3. #3
    Member gorja's Avatar
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    Originally posted by Lee Chowaniec:
    MacKay: You could have looked the other way, Mr. Fudoli. You could have looked the other way for once.
    As a school board member and past president, would MacKay advise a Lancaster teacher who witnessed bullying to look away?

    MacKay: You said I will be there on Thursday and I will help wrap gifts. You said you would wear a Santa Claus hat.
    Fudoli never said that. He did say, if asked to volunteer he may do it. There was never any commitment.

    Resident Ken Graber: I had no intent in speaking, whatsoever. I basically came here as support to John (Trojanowski), the other people from the Youth Bureau and others to repeat the message of the toy drive.

    However Mr. Fudoli, on a couple of statements you made tonight I want to ask questions about. The first, you said that the legal counsel you received was from Jeff. I take that as being Jeff Swiatekfrom Hodgson Russ? (Outside counsel)

    Fudoli: Yes.

    Graber: Did you ever consult Mr. Dudziak (Town Attorney)?
    Who is the expert in Municipal Law, Mr Swiatek or the DWI attorney Dudziak?

    Georgia L Schlager

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    Considering Youth Bureau Director Trojanowski received the communication on the town vehicle use, made other arrangements and picked up the toys, this issue should never have surfaced at the town board meeting.

    The fact that the practice of using a town vehicle to pick up the toys was used for years, and is not allowed for liability reasons (according to Supervisor Fudoli) and what transpired Monday night in the heat of passion, leads to the following:

    A. Is this nothing more than politics as usual – the DEMS attempt to make Fudoli look like Grinch.

    B. Was past practice of picking up the toys in Cheektowaga formally authorized or another example of a ‘gentleman’s agreement’ or a handshake and look the other way practice.

    C. Why for all the past years did a board with sitting council members with years of experience fail to pick up on the liability and workman’s comp. issue?

    D. Fudoli dragged his feet on communicating the vehicle practice change at the 11th hour. Such delay and poor communications between all vested parties led to a confrontational meeting that should have never happened.

    E. Why indeed was Town Attorney John Dudziak not approached for legal counsel on the matter. He does have a cell phone, should be familiar with the history of the practice, and familiar with municipal law

    F. Alternate arrangements were made. The approximately 150 needy families will once again be served. This is much ado about nothing.

    G. All of the above.

    I favor G.

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    Tony Fracasso - Admin
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    C. Why for all the past years did a board with sitting council members with years of experience fail to pick up on the liability and workman’s comp. issue?
    What a silly question and I know you know the answer...

    Many that are part of the "Erie County Democratic Social" club get face time with residents.

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    The Supervisor was correct in trying to curb unauthorized use of Town tax funded Vehicles , workers and resources. This abuse is common place through out the years and is seen as a perk for many employees who are "Party" members.

    This has nothing to do with Christmas - but it does show how Politicians will use anything to try and embarrass the Supervisor.

    Merry Christmas to all and thank you to those who actually "Volunteered" to help others -

    Shame on the Party Players who tried to turn this into a Political event.
    #Dems play musical chairs + patronage and nepotism = entitlement !

  7. #7
    Tony Fracasso - Admin
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    Anyone up for re-election 2015?

  8. #8
    Member nogods's Avatar
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    If it was a town program then the use of town vehicles would be no different from any other town activity. In Amherst, the town highway department delivers town owned street barricades to streets having block parties. The block parties are not town functions. I suppose the town could start levying a charge for the delivery of the street barricades but that wouldn't change the "liability" issue. The town has liability exposure whenever it is engaged in any activity.

  9. #9
    Tony Fracasso - Admin
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    As liability goes is there a difference when something happens on an actual town function versus if an employee took a vehicle for personal use?

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    As noted in Lees report/post: Many people stepped up and volunteered - a rental truck was donated - everything was accomplished using "Volunteers" instead of using Town Trucks and employees - that's the way it should be !

    But our Party Players want to turn it into a Political Issue. - That's a shameful grandstand attempt at embarrassing the Supervisor.

    They set this up or Youth Bureau Director Trojanowski and MacKay's people wouldn't have even been at the Town Board Meeting.

    Its so obvious what the four Dems and their patronage friends were doing. The new Parks Boss will face some Party heat over this - the vary people who most likely encouraged him to raise the issue will let it look as if it was his idea alone. Not the little Party Bird that whispered in his ear. Played him like a fiddle.

    These people are shameless.
    #Dems play musical chairs + patronage and nepotism = entitlement !

  11. #11
    Member gorja's Avatar
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    Quote Originally Posted by WNYresident View Post
    As liability goes is there a difference when something happens on an actual town function versus if an employee took a vehicle for personal use?
    I wonder why the Lancaster police cars go to Paula's doughnuts in Clarence if there is a liability outside the town limits on unofficial town business

    Georgia L Schlager

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    Member gorja's Avatar
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    Quote Originally Posted by 4248 View Post
    The Supervisor was correct in trying to curb unauthorized use of Town tax funded Vehicles , workers and resources. This abuse is common place through out the years and is seen as a perk for many employees who are "Party" members.

    This has nothing to do with Christmas - but it does show how Politicians will use anything to try and embarrass the Supervisor.

    Merry Christmas to all and thank you to those who actually "Volunteered" to help others -

    Shame on the Party Players who tried to turn this into a Political event.
    Yeah, I wonder what will happen to Mark Lubera in the new year. Here's a man who does his job and really seems to care about doing things the right way not just blindly practice what has been done for years.

    Georgia L Schlager

  13. #13
    Member gorja's Avatar
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    Quote Originally Posted by WNYresident View Post
    Anyone up for re-election 2015?
    SUPERVISOR Dino J. Fudoli (R) 2015

    COUNCILMAN Mark S. Aquino (D) 2015

    COUNCILMAN Donna G. Stempniak (D) 2015

    TOWN CLERK Johanna M. Coleman (D) 2015

    Georgia L Schlager

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    I gotta say...you people live in a royally screwed up town. Are the majority of residents idiots?

  15. #15
    Tony Fracasso - Admin
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    Quote Originally Posted by gorja View Post
    SUPERVISOR Dino J. Fudoli (R) 2015

    COUNCILMAN Mark S. Aquino (D) 2015

    COUNCILMAN Donna G. Stempniak (D) 2015

    TOWN CLERK Johanna M. Coleman (D) 2015
    Well three of them own President Obama, the safeact and saddling us with ObamaCare.

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