5-B    LEGAL NOTICES

1.   Proofs of publication and posting of legal notice: "OF THE ADOPTED LOCAL LAW NO. 1 OF THE YEAR 2003, ENTITLED 'VOLUNTEER FIREFIGHTERS TAX EXEMPTION,' GRANTING A REDUCTION IN THE AMOUNT OF PROPERTY TAXES PAID BY QUALIFYING MEMBERS OF VOLUNTEER FIRE COMPANIES" in the Town of West Seneca, received and filed.

5-C   COMMUNICATIONS

1.   Supervisor Clark re Distribution of wireless surcharge revenues to local governments

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to adopt the attached resolution calling on New York State and our representatives to make permanent the 33 percent of the wireless surcharge received being returned to local governments.

*APPENDICES*

2.   Supervisor Clark re Retirement of George Weber, Auto Mechanic

Motion by Councilman Osmanski, seconded by Supervisor Clark, to accept the retirement of George A. Weber and terminate him as Auto Mechanic effective March 15, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Weber worked for the Town of West Seneca for over 26 years.

3.   Supervisor Clark re Retirement of Michael Hess, Sewer Maintenance Worker

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Michael H. Hess and terminate him as Sewer Maintenance Worker effective March 30, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Hess served the Town of West Seneca for over 25 years.

5-C   COMMUNICATIONS

4.   Supervisor Clark re Retirement of Jack Peterson, Laborer

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the retirement of Jack Peterson and terminate him as Laborer effective March 19, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Peterson worked for the Town of West Seneca for over 30 years.

5.   Town Engineer re Attendance of Michael DeMarzio at technical seminar on television inspection of sewers

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Michael DeMarzio to attend a technical seminar on television inspection of sewers in Syracuse, New York, March 17 - 19, 2003 at a cost not to exceed $710 with use of a town vehicle.

6.   Highway Supt. re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $7079.41 to Gerster/Trane for repairs to the Zamboni at the Ice Rink.

7.   Chief Gehen re Resignation of Officer David Mackey

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the resignation of Police Officer David Mackey and terminate him effective February 26, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Officer Mackey accepted a position with the Federal Bureau of Investigation after serving the Town of West Seneca for nine years.

8.   Chief Gehen re Military leave of absence for Officer Sean Donohue

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to grant a military leave of absence for Police Officer Sean Donohue effective March 5, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Officer Donohue's Air Force Reserve Unit was ordered to active duty for a period of twelve consecutive months to support contingency operation Enduring Freedom, and further, extend Officer Donohue's present medical coverage for his family during this period.

9.   Chief Gehen re Appointment of Michelle Leone as full-time Clerk Typist

Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Michelle Leone as part-time seasonal Clerk Typist and appoint Michelle Leone as full-time Clerk Typist effective March 10, 2003 at an annual salary of $26,710.48 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5-C   COMMUNICATIONS

10.   Chief Gehen re Attendance of Officers Comerford & Baker at accident investigation course

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Police Officers Timothy J. Comerford and Edward A. Baker to attend the Acceleration and Vericom Computer Familiarization Course for Accident Investigations in Doylestown, Pennsylvania, March 20 - 21, 2003 at a cost not to exceed $1025.

11.   Chief Gehen re Designation of National Night Out

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to designate Tuesday, August 5, 2003 as the date for observance of National Night Out to be held at the Southgate Plaza from 5:00 P.M. until 9:00 P.M., with assistance from the Buildings & Grounds Department in setting up and dismantling any needed equipment.

12.   Town Clerk re Polling places for 2003

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve the following list of polling places for the year 2003:

13.   Comptroller re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $4398 to KVS Information Systems, Inc. for the annual software subscription service and $1848 to Dell Marketing L.P. for four (4) Dell Axim X5 handheld organizers.

14.   Tax Receiver re Termination of Sondra Kuczka as part-time Clerk

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate Sondra Kuczka as part-time Clerk effective March 10, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5-C    COMMUNICATIONS

15.   Youth Director re Attendance at Youth Build meeting

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Mark Lazzara, Bryan Lawrence, Bob Heiss, and nine Youth Build members to attend a Youth Build meeting with the State Legislators on Tuesday, March 25, 2003.

16.   Youth Director re Attendance at Frost Valley AmeriCorps training

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize sixteen (16) Service Action AmeriCorps members and staff to attend a member retreat in Frost Valley, March 19 - 21, 2003.

5-D    REPORTS

PROBLEMS OF THE PUBLIC

RESIDENT QUESTIONS AREAS OF TOWN DESIGNATED FOR ENHANCEMENT

Bruce White, 45 Kirkwood Drive, stated that Robert Smith, owner of Connors Restaurant, was requesting a ruling as to why only certain areas along Seneca Street were designated as part of the proposed enhancement areas in town.

Councilman Wroblewski stated that he had spoken with Mr. Smith this date and he was concerned about an article that recently appeared in the West Seneca Bee. Councilman Wroblewski advised Mr. Smith that the reporter had only taken bits and pieces of a conversation and the board had not taken any action yet. David Lawrence of the Local Development Corporation, who was involved in this project, had already revised the list of properties, and Councilman Wroblewski thought that the revision included the property that Mr. Smith was concerned about.

CONTINUATION OF HEALTH INSURANCE BENEFITS FOR EMPLOYEES ON ACTIVE DUTY

Lynn Gibbons, 76 Sunset Creek, thanked the Town Board for continuing the health insurance benefits for her and her child while her husband, Officer James Gibbons, was serving on active duty. Mrs. Gibbons further requested that the board members also consider approving the pay differential for the families.

Supervisor Clark responded that the board members would be addressing the pay differential issue at an Executive Session in the near future. He thanked Mrs. Gibbons for attending the meeting and stated that the board member's prayers were with her, her husband and family.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

MILITARY LEAVE OF ABSENCE FOR DARYL SEIBERT

Motion by Councilman Hicks, seconded by Councilman Osmanski, to approve a military leave of absence for Daryl Seibert effective March 3, 2003 through February 29, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, and further, extend Mr. Seibert's present medical coverage for his family during this period.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

MILITARY LEAVE OF ABSENCE FOR WILLIAM GEARY

Motion by Councilman Hicks, seconded by Councilman Osmanski, to approve a military leave of absence for William Geary effective March 2, 2003 through February 27, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

CONGRATULATIONS TO WEST SENECA WEST SENIOR WRESTLING TEAM

Councilman Osmanski congratulated the West Seneca West High School Wrestling Team who had an undefeated season for the first time in the history of West Seneca Schools. They were rated the No. 1 wrestling team in Western New York.

RESOLUTION FOR REDEVELOPMENT, EXPANSION & RETENTION OF BUSINESSES

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached resolution concerning the redevelopment, expansion and retention of businesses in the Town of West Seneca.

On the question, Supervisor Clark read a list of areas composed by David Lawrence of the Local Development Corporation. He thought it was important that a town the size of West Seneca and located in the first ring of the City of Buffalo keep its business neighbors strong. They did not want to impose new business areas upon any residential areas, but they needed a central business district because it was essential to the quality of life of the residential community. Supervisor Clark thought that the small tax breaks that would be available to businesses could be a deciding factor in starting a new project. The mix of large and small businesses was ideal for the town and they all paid taxes without sending children to school and used less town services than residences.

Councilman Graber thought it was long overdue that abatements be provided for existing businesses. For too long only new development was granted abatements and he thought that government needed to focus on taking care of existing businesses and provide them with the economic incentives for putting money into capital construction costs and improving their facilities. The existing businesses employed many people and they could keep these businesses alive and thriving by providing them with the same incentives as a multi-million dollar new business.

Councilman Osmanski commented that this was geared to the small businessman and those who were committed to West Seneca. These were people who were involved in community organizations and volunteered and donated to West Seneca. It would help those people to stay viable in business compared to the big companies that came in and got the incentives and many times put the small businessman out of business.

Councilman Wroblewski thought that this was a wonderful piece of management and a very proactive approach to securing and helping the small businesses that had been around a long time and helped build West Seneca. He commended the Town Board members for adopting this resolution and thought it was one of the most vital decisions they had made in helping the town continue to move forward.

*APPENDICES*

NEGATIVE DECLARATION FOR D & L ENTERPRISES, EXCEL PRECISION & CCT MARKETING

Town Attorney Tim Greenan advised that a new 42,600 square foot facility was proposed for a 5.512-acre parcel on North America Drive in the industrial park. Prior to the Erie County Industrial Development Agency (ECIDA) determining their role in the project, they asked that the town consider the environmental impact of the project. The applicant submitted a Part I Environmental Impact Statement that listed the potential project impacts and requested the Town Board's consideration in the issuance of a Negative Declaration for the environmental impacts in accordance with SEQRA for D & L Enterprises LLC, Excel Precision Inc., and CCT Marketing Inc. Any building that received approval would be subject to the industrial park review and special permit process.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

NEGATIVE DECLARATION FOR D & L ENTERPRISES, EXCEL PRECISION & CCT MARKETING

(cont'd)

Motion by Supervisor Clark, seconded by Councilman Hicks, to issue a Negative Declaration with respect to the environmental impact and in accordance with SEQRA for D & L Enterprises LLC, Excel Precision Inc., and CCT Marketing Inc.

On the question, Supervisor Clark stated that he had been working on this project with David Lawrence of the Local Development Corporation and the ECIDA, and it involved expansion of a very fine local business that manufactured specialized computer chip boards. The business was presently located in Cheektowaga and had looked at some out-of-town locations for expansion, but they liked North America Center and decided to locate there. Supervisor Clark was happy that this business would be staying in Western New York and that the jobs would be retained here.

PUBLIC HEARING ON MASTER PLAN

Councilman Osmanski announced that a public hearing was scheduled for Tuesday, March 11, 2003 at 7:00 P.M. at the Senior Citizens Center concerning the proposed Master Plan for the Town of West Seneca.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:20 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK