Deputy supervisor proposition to appear on ballot
GPI claims millions unpaid
by JESSICA L. FINCH Associate Editor

On Nov. 6, Amherst residents will make the decision as to whether deputy supervisors must be members of the Town Board.

The current board voted 7-0 at Monday's meeting in favor of putting the proposition on the 2007 general election ballot. At present, the supervisor has the power to appoint anyone to the position, according to the Town Attorney's Department.

Debates about that rule arose in January when Supervisor Satish Mohan appointed Roy Wixson, an Amherst attorney, to the position. Wixson is not a board member.

Board Member Dan Ward, who presented the resolution calling for the referendum, had questioned the legality and moved for change.

"The interpretation was the Town Board had to approve the deputy supervisor," Ward said about when he served as supervisor, adding today that has been changed.

To address the confusion, he decided to propose a local law change and finalize the debate.

"It's about legitimacy, one of our own convening a meeting," he said. "But to bring in someone who was never elected, government is not set up that way."

Only three residents spoke during the pubic hearing, each in support of the proposal.

"I believe the deputy should be from the Town Board. Council members are elected to represent the voters," resident Jane Cox said, adding that a deputy supervisor not on the board doesn't have to answer to the voters.

Another concern about the existing policy is if the deputy supervisor is not on the board then he or she cannot vote during meetings.

One amendment was made before the board voted. Ward's resolution included the provision that the position needed the Town Board's approval, and that line was removed by a 4-3 vote.

Ward did not vote in favor of the change but said he felt it was important to move forward with the motion to require that the deputy be a board member. Ward added that the concern could always be re-addressed.

If the voters pass the proposition, then deputy supervisors would be appointed by the supervisor from within the Town Board membership.

Mohan said he fully supported the motion and would like to see a deputy be named from the board members. In his first year as supervisor he named Council Member Deborah Bruch Bucki as deputy; Wixson was named during the second year.

Also during Monday's meeting, the board addressed the outstanding

bill owed to GPI Engineering and Construction Services. Senior Vice President and Branch Manager Robert J. Pidanick addressed the board, saying the company was still owed $2.5 million of a $3.1 million bill.

He said he was being threatened with lawsuits from subcontractors to whom he owes money.

Mohan said although the town has the money, it wasn't going to pay until GPI produced an invoice of the money paid to its employees for hours worked.

In October, during the state of emergency, it was estimated that GPI's services would cost $1.4 million, but that cost rose to $3.1 million. Pidanick said when the contract was created, the hours of work were an estimate and nobody knew the extensive damage resulting from the storm. He added that the billing rate had been calculated by Mohan, not his company.

A debate ensued among the board members and Mohan as to whether GPI had produced the proper documentation. Mohan insisted he didn't have the list he was looking for and would pay if GPI could prove it paid its employees the amount it was seeking from the town.

"We provided that documentation with backup," Pidanick said. "To my knowledge we have provided that documentation in every possible form."

On April 2, the Town Board approved the hiring of an auditor to review the bill and work performed. To date, Pidanick said his company has heard nothing of that review. The board did not comment during the meeting on any results.

The board voted to pay $1 million Tuesday morning and settle the remaining contract within two weeks.