4-B    LEGAL NOTICES

1.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3065 CLINTON STREET, BEING PART OF LOT NO. 43, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR A GOLF DRIVING RANGE" in the Town of West Seneca, received and filed.          (Howard Earsing)

4-C COMMUNICATIONS

1.   Town Attorney re Community Development Block Grant Housing Activities

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the Supervisor to execute an agreement between the County of Erie and the Town of West Seneca regarding housing activities under the Community Development Block Grant for the year 2004, noting that this agreement provides the county's administration of our block grant funds and the county reimbursing the town in an amount not to exceed $16,900 for the services of our Community Development Loan Officer.

2.   Town Attorney re Upstate Farms Cooperative - Negative Declaration for SEQR

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached resolution issuing a Negative Declaration for environmental impacts in accordance with the State Environmental Quality Review Act for Upstate Farms Cooperative, Inc. to be located on North America Drive within the North America Center Industrial Park.

On the question, Town Attorney Tim Greenan noted that the town had received the full environmental assessment form for the Upstate Farms Cooperative project along with a memo from Dave Lawrence of the Local Development Corporation concerning pertinent parts and highlights to it. The Town Board was requested to review the environmental assessment form and make a determination as to environmental significance.

4-C    COMMUNICATIONS

2.   Town Attorney re Upstate Farms Cooperative - Negative Declaration for SEQR   (continued)

Supervisor Clark commented that the Town of West Seneca was very cooperative at trying to have Upstate Farms locate in North America Center, but they were still looking at other sites, one of which was not in New York State. If they decided to locate here, it would preserve 94 jobs and could increase to 117 or more jobs.

*APPENDICES*

3.   Town Engineer re Bid date for Sanitary Sewer Repair Contract

Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of March 9, 2004 at 10:00 A.M. for receipt of bids on the Sanitary Sewer Repair Contract, Job No. S-0401.

4.    Highway Supt. re Termination of Kenneth VanRemmen as Highway Laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Kenneth VanRemmen as Highway Laborer effective February 23, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5.   Highway Supt. re Termination of Kevin Deet as Highway MEO

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Kevin Deet as Highway MEO effective February 23, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

6.    Highway Supt. re Termination of Russell Mango as Highway MEO

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Russell Mango as Highway MEO effective February 23, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

7.    Highway Supt. re Appointment of Kevin May as Sanitation Substitute

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Kevin May as Sanitation Substitute effective February 24, 2004 at a rate of $7 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

4-C    COMMUNICATIONS

8.    Highway Supt. re Appointment of Bradley Washburn as part-time laborer in Bldgs. & Grounds

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Bradley Washburn as part-time Laborer in the Buildings & Grounds Department effective February 24, 2004 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.    Highway Supt. re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $1855.58 to Arch Wireless for pagers.

10.   Chief Gehen re Attendance of Lt. Patrick Shea at FBI National Academy

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission for Lt. Patrick Shea to attend the 217th session of the FBI National Academy, April 4 - June 11, 2004 with two (2) round trip airfares and expenses not to exceed $2200.

11.   Chief Gehen re Adjustment of Family Medical Leave for Robert Rappold

Motion by Councilman Osmanski, seconded by Councilman Hicks, to adjust the leave of absence granted to Public Safety Dispatcher Robert Rappold under the Family Medical Leave Act (FMLA) from January 8 - March 4, 2004 to January 8 - February 16, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that PSD Rappold was able to return early from this leave of absence.

12.    Chief Gehen re Rate increase for part-time Public Safety Dispatchers F. Pordum & D. Clifford

Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant a Step 2 rate increase to $9.45 per hour to part-time Public Safety Dispatchers Frederick F. Pordum III retroactive to January 18, 2004 and Daryl P. Clifford retroactive to January 17, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.    Chief Gehen re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $9271 to Northeastern Uniform for uniforms.

4-C    COMMUNICATIONS

14.   Town Clerk re Attendance at NYS Town Clerk's Association conference

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Town Clerk Patricia Wisniewski to attend the New York State Town Clerks Association Conference in Saratoga Springs, April 18 - 21, 2004 at a cost not to exceed $800.

15.   Comptroller re Status change for Catherine Seweryniak to part-time seasonal

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of part-time Account Clerk Mini Computer Operator Catherine Seweryniak to part-time seasonal effective January 31 - March 28, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.    Comptroller re Year end fund transfers

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the attached list of year-end fund transfers for 2003.

*APPENDICES*

17.   Recreation Supervisor re Termination of Clare Black as Food Service Helper

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Clare Black as part-time Food Service Helper effective February 27, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PROBLEMS OF THE PUBLIC

TOWN EMPLOYEE QUESTIONS TERMINATION

Russ Mango stated that he worked for the Highway Department for 27 years before being terminated at this meeting. While employed by the town he was injured, had five surgeries, and was now applying for disability. Mr. Mango commented that the other men who were terminated at this meeting had four years to apply for disability before being terminated, but he was not given that opportunity.

Supervisor Clark responded that the Town Board did not discuss personnel or contractual matters in public. He suggested that Mr. Mango's situation be discussed through the labor counsel that was hired to handle this matter.

UPDATE ON CAZENOVIA CREEK ICE CONTROL STRUCTURE

Diane Siminski, 44 Parkside Drive, represented the Southgate Homeowner's Association and requested an update on the easement acquisitions for the Cazenovia Creek ice control structure.

PROBLEMS OF THE PUBLIC

UPDATE ON CAZENOVIA CREEK ICE CONTROL STRUCTURE    (continued)

Town Attorney Tim Greenan responded that the town was continuing with acquisition of the easement parcels and he thought they were 90 percent complete. He and Supervisor Clark had a conference call with the town's counsel who was handling the acquisitions and he was confident they would be able to break ground this year and construct the facility before the winter season. Mr. Greenan stated that the project was moving along, they were on schedule and the ice control structure should be in place this year.

Ms. Siminski understood that the project was scheduled for an April 2004 start date, and she questioned if construction would begin at that time.

Mr. Greenan stated that once the easements were acquired the town would turn the project over to the New York State Department of Environmental Conservation and the Army Corps of Engineers for the actual construction. Those agencies had assured the town that they were in a position to commence construction immediately, and the town's counsel was speaking with them to ensure that when the acquisitions were complete they were ready to approve the town's work and let the project out for construction. Mr. Greenan stated that the town would continue to monitor the project to ensure that it moved forward, and if a problem developed they would tell the citizens and let them know if some citizen involvement would help.

Ms. Siminski noted that warmer temperatures were expected this weekend and she questioned if the town was prepared for emergency control in case Parkside Drive became the target of a flood situation.

Supervisor Clark stated that he had spoken with Natural Disaster Services Coordinator Mike Kerl this date and they were prepared for an emergency. The materials and manpower were ready for whatever day or time of day if a flooding event occurred. The Police Department, Highway Department, Town Board members, and fire departments were closely monitoring the situation.

RESIDENT QUESTIONS PUBLICIZING OF TOWN BOARD MEETINGS AND MINUTES

Jane Kester, 60 East & West Road, questioned why the Organization Meeting minutes of January 5, 2004 were not on the town's website and why the meeting was not publicized in the West Seneca Bee, Buffalo News, or on the sign in front of Town Hall.

Councilman Graber responded that the Town Board meetings were always publicized in the West Seneca Bee and the town was legally obligated to do so.

Supervisor Clark stated that there was no directive to not publish the Organization Meeting minutes and they would have to check with Town Clerk Patricia Wisniewski to find out why they were not on the website.

Ms. Kester questioned if it would be possible to publish the base salaries of the elected and appointed officials in the West Seneca Bee.

Supervisor Clark stated that the salaries were published in the West Seneca Bee prior to the budget hearing each year.

Councilman Osmanski also noted that the reporter from the West Seneca Bee reported the elected officials salaries in the newspaper.

Ms. Kester further questioned if the cost to the taxpayers for health insurance was listed in the newspaper and if the town continued to pay for health insurance after the elected official left office.

PROBLEMS OF THE PUBLIC

RESIDENT QUESTIONS PUBLICIZING OF TOWN BOARD MEETINGS & MINUTES

Councilman Osmanski responded that health insurance costs were not listed in the newspaper, but there was a motion at the Organization Meeting stating that retired officials were eligible for health insurance.

Councilman Graber stated that an elected official did not receive health insurance coverage when they left public office unless they were a member of the NYS Retirement System and were retiring at 55 years of age or older.

Ms. Kester stated that citizens of the town would like to see how and where their tax dollars were being spent.

Supervisor Clark responded that the citizens were welcome to attend the annual budget meeting and the details of the budget were always available in the Town Clerk's Office.

RESIDENT QUESTIONS TOWN BOARD PROCEDURES ON PERSONNEL & MEETINGS

Karen Lucachick, 61 Greenmeadow Drive, questioned why all the Town Board motions concerning personnel referenced Erie County Personnel forms.

Supervisor Clark responded that every personnel matter was subject to standards that were reviewed and approved by Erie County Department of Personnel, which monitored all hiring for the towns. Town employees were part of a civil service system, but were not employed by Erie County.

Town Attorney Tim Greenan advised that the City of Buffalo and City of Lackawanna each had its own Civil Service Commission, but most of the municipalities in Erie County relied on the Erie County Department of Personnel. Erie County Personnel prepared the civil service tests, administered the tests, and published to the towns a list of scores for those who took the tests. They also monitored the town's procedure for awarding jobs to ensure that one of the top three scorers were chosen and monitored the town's compliance with New York State Civil Service Law.

Ms. Lucachick further questioned if the Town Board members had work sessions like the school board where they would discuss items on the agenda prior to the meeting.

Supervisor Clark responded that agenda items were submitted through his office and other departments throughout the town and the board members received the agenda and any back-up information in advance of the meeting so they could have any questions answered prior to the meeting. The board did hold work sessions occasionally, but lately they were for discussing pending litigation or personnel matters that were not public matters. Any public work sessions were given advance notice to the news media as required by the Open Meetings Law.

Ms. Lucachick stated that it was difficult for the citizens attending the meeting to understand what was going on with only the cover page of the agenda to look at.

Councilman Graber stated that a number of items on the agenda were already approved during the budget process, but the department head had to again submit the item for Town Board approval at a regular meeting when the item was purchased. Most of the agenda items were simply administrative housekeeping.

Ms. Lucachick referred to Item #14 on this meeting's agenda and the attendance of Town Clerk Patricia Wisniewski at a conference. She questioned why Mrs. Wisniewski had to attend the conference and why they could not simply send any new information to her.

PROBLEMS OF THE PUBLIC

RESIDENT QUESTIONS TOWN BOARD PROCEDURES ON PERSONNEL & MEETINGS

Councilman Graber stated that anyone who attended a conference received "hands on" instruction, and things were always changing where new information was required. He also commented that Mrs. Wisniewski ran a very tight ship over the years in terms of her budget. Councilman Graber noted that the Building & Plumbing Department was mandated to attend a conference each year due to the constantly changing codes.

RESIDENT QUESTIONS STATUS OF TOWN MASTER PLAN

Virginia Grandoni, 870 Orchard Park Road, questioned the status of the town Master Plan.

Councilman Osmanski responded that he had recently received an e-mail from the consultant and they would be having a final meeting with the committee that was put together to approve the final draft version. He thought that a public hearing would possibly be scheduled for some time in April for public comment on the final draft plan.

RESIDENT COMMENDS VOLUNTEER FIREFIGHTERS

Virginia Grandoni, 870 Orchard Park Road, commended the volunteer firefighters for conducting their boot drive for Children's Hospital on Sunday, February 22nd. Along with their volunteer duties as firefighters, they took a day to volunteer their time to collect for a great cause like Children's Hospital.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ACCEPTANCE OF EASEMENT & DEDICATION FOR STORM WATER DRAINAGE DIST.

Town Attorney Tim Greenan stated that the Town Board had been requested to review and approve the proposed storm water drainage easement entered into with respect to the North America Center Industrial Park. The town previously created a storm water improvement district and the easement would grant the town the right to maintain, repair and replace the storm water facilities located in the park. In addition, they had received a proposed deed from North America Center Joint Venture whereby the town would accept the retention pond and wetlands area into which a portion of the storm water generated in the park flowed. Mr. Greenan stated that his office and the counsel for the Erie County Industrial Development Agency and North America Center had reviewed the documents.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to accept the easement and dedication pursuant to the terms of the resolution as submitted with respect to the special Storm Water Drainage District in North America Center.

On the question, Mr. Greenan noted that there was some delay in forwarding the agreement to the board based upon litigation commenced against the town alleging that the town had violated SEQR requirements and that there was destruction of wetlands in the park.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:15 P.M.