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What was not reported by the Buffalo News, and what was most disconcerting to the public attending last night’s town board meeting, was to hear Councilman Mark Aquino declare that as a former member of the zoning board of appeals and as a former attorney serving the zoning board qualifications and government experience don’t matter as “this is not rocket science.”
“All you need is to be level headed, be able to read, have common sense and assert the standards,” declared Aquino.
The controversy began when the writer asked whether the position vacated in the first week of January was every posted to allow the public the opportunity to apply for the position. It was not posted. The writer then went to declare that he had addressed the board in January and requested they consider posting all positions that become vacant or up for reappointment to allow for the town to receive/review/approve applicants with best qualifications. Stating that in his opinion Dan Beutler best filled the current vacated position because of his previous serving on the Depew Planning Board, his attending town board meetings religiously, and his activism in holding the town board accountable, he was the better candidate of the two applicants and it was disturbing to hear that he was never interviewed for the position and never contacted as to why he was denied the position.
Don Symer echoed Chowaniec’s position on Beutler’s qualifications and integrity. “He not only served on a planning board but was a school board member as well. As a fellow Democrat I have found Mr. Beutler a man of integrity, acting always in the best interest of the community and am disappointed in his not being considered for a position I believe has more importance than what some assert. It is the last local resource for appeal before one goes to the Supreme Court.”
Tom Kazmierczak voiced his displeasure with the appointment and remarked that he believed this to be another patronage political move by the four Democrats on the board.
In addressing the board Mike Fronczak also expressed disappointment over the appointment, the process used to make the appointment and asked if Beutler was ever interviewed; and if not, why not? “I don’t think this resolution should go tonight. It should be tabled and the position posted. As a taxpayer I feel cheated here that I am not getting the most qualified person for the position.”
Aquino replied that he knew both Beutler and Jill Monacelli and that Fronczak will be well satisfied with her appointment. “There is something to be said about someone that has not served on a board. A person might be overqualified or have too much experience. You are talking out of both sides of your mouth. You can’t say on the one hand that we are not opening the process up and then say we should get the most experienced person. Ms. Monacelli is more than qualified for the position.” Fronczak shot back that it was his opinion that the most qualified and experienced person was not chosen"
Supervisor Fudoli suggested that in the future a resolution be approved that such open positions be posted on the town web site for public awareness and the opportunity to apply for the position. Such process would take the politics out of the process and ensure qualified candidates were serving in the best interest of the town. Councilman Aquino declared that he had no problem with listing all the positions on the website and their term of expiration.
Carmen Hangauer supported the suggestion of opening up the process to allow the public an opportunity to apply for appointed positions and to get the most qualified person. Hangauer disagreed with Aquino’s declaration that serving on the zoning board was not rocket science. Aquino responded that it was an appeal board where someone goes to get relief for something that is outside the code. “A board member is bound by standard, five standards. You look at the standards and it becomes a balancing act. Someone with reasonableness and common sense can determine whether the applicant can get the zoning board to grant an appeal.” Hangauer disagreed stating that appeals can become complicated and Beutler is more qualified for the position.
Dave Hangauer commented that he did appear before a zoning board of appeals on the airport and did find that hearing to be very complex, requiring more skills than just coming to a simple determination. Aquino responded that was the reason there was an attorney on the board to give legal counsel and direction. Councilman John Abraham agreed with Aquino stating he served on the zoning board and found that members did seek advice from the attorney when needed. “Like he (Aquino) says, you go out there and talk to people and do whatever. I did not fall apart but I did bring a different perspective from someone who is an attorney. I looked at things more differently than what board member Bob Thill did. I was a little bit more simplistic where he was more thorough.” Abraham went on to imply that qualifications are not that important when you have people on the board to help guide you and to come to a good determination.
Dan Beutler spoke and thanked Aquino for saying he was qualified for the position and wished the new appointee well in her endeavor. He did voice that he was disappointed that he was never once contacted by the board for an interview or that he was denied the position. “You could have called.”
Herm Hoff addressed the board and stated that there was a difference in meeting minimum qualifications and being the best candidate. The latter (Beutler) did meet the criteria.”
Fudoli/Aquino confrontation
During the public comments Supervisor Dino Fudoli agreed that in his mind due process was not served. After several residents commented/complained that the position opening was not posted and that the most qualified candidate was not chosen, it was Fronczak that asked how the process worked in choosing Monacelli.
Council Member Donna Stempniak voiced that every town board member has the right to submit a resolution. She added that every town board member also had a vote on approving the resolution.
It was here when Supervisor Fudoli interjected that like the residents he had a problem with the process. He read the e-mail that he sent the four Democrats several weeks ago and where he received no response.
“I would like to recommend that any vacancy on the town board or other be posted on the town web site when the vacancy occurs. This will allow for residents who qualify to apply for the open position. As a vacancy currently exists on the Zoning Board of Appeals, I ask you not fill this position for approximately 30 days to allow for communication to take place between our board members in addressing this matter. Please let me know your thoughts on adopting a policy to fill positions on boards and committees wherever a vacancy may occur.”
“Again, I received no reply,” Fudoli remarked.
When Council Member Ron Ruffino interjected that it was getting late in the year and this appointment was only to fill a vacancy until the end of the year, Fudoli countered that that had nothing to do with his sending out an e-mail several weeks ago and getting no response from any board member.
This is when Aquino interjected and declared that the zoning board position was not rocket science, that it was not a matter of qualifications. “If a person can read and has common sense, he or she can serve on the zoning board.”
Fudoli responded that he was not making a case for Beutler’s appointment but saying he agreed with the public that having served on planning and school boards did have serious merit. “However, I am not here defending his position. I am defending my position as saying why don’t we open up the process. Instead of doing political appointments, why don’t we do qualified appointments, and start asking the public to send in resumes. I don’t see a problem in passing an ordinance requiring some kind of posting a vacancy position so that we can improve the quality of our boards.
Aquino: You made the point that the person is not qualified.
Fudoli: No, I made the point that one candidate was more qualified than the other.
Aquino: That’s your position in claiming that because a person served on a planning board he is more qualified.
Fudoli: I didn’t say that. I said the one was more experienced.
Aquino: We have the right to review and make the selection.
Fudoli: You certainly do. But, I also ask you guys don’t write letters accusing me of not sharing information. I asked for a response and got none.
After the meeting, several residents commented that it was quite obvious that the four Democrats did not want this fellow Democrat (Beutler) to serve on the Zoning Board of Appeals.
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Originally Posted by Irish Rose
