3-B    LEGAL NOTICES

1. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER LOCAL LAW NO. 1 OF THE YEAR 2003, ENTITLED 'VOLUNTEER FIREFIGHTERS TAX EXEMPTION'" in the Town of West Seneca, be received and filed.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.

Supervisor Clark stated that the West Seneca Town Board members recently came across an enabling piece of state legislation that was sponsored by former Assemblywoman Sandra Lee Wirth and supported by Senator William Stachowski, Assemblyman Brian Higgins, and other local assembly people. The proposed legislation would grant a partial tax exemption to long-time, permanent volunteer fire fighters in the County of Erie. Calculations were done through the Assessor's office to ensure that the town could afford the dollar amount involved. Supervisor Clark commented on the exceptional service given by the volunteer fire service in West Seneca and the sacrifices in time and training the volunteers gave. He noted that the cost of a paid service would be millions of dollars for West Seneca alone, and approximately $250 million for Erie County, so it was in the town's financial best interest to maintain a strong and effective force of volunteer firefighters. If all eligible firefighters took advantage of this exemption, the cost would be a little under $20,000 and Supervisor Clark thought that was well worth the services received.

3-B    LEGAL NOTICES

Councilman Graber stated that firefighters were taxpayers also and they ran a taxing entity, so they were very aware of the impact it placed on the taxpayers when a new piece of equipment was purchased. The fire districts were working with Councilman Graber and Chief Gehen to improve the telephone systems, and if everything turned out the way they wanted it to they would save $10,000 for the town on an annual basis, or one-half the cost of the proposed tax exemption.

Richard Mariani, 278 Fawn Trail, President of the Fire Chief's Association of West Seneca, stated that over the past year West Seneca firefighters from Winchester, Seneca Hose, Union, East Seneca, Vigilant and Reserve Fire Companies answered collectively a total of 3069 calls for emergency medical service and fire. This was an average of 511 calls per company. Using an average call time of one hour from the time out to the time back in service, each fire company averaged 13 weeks per year at the scene providing service to the citizens of the town. The EMS calls ranged from nosebleeds to cardiac arrest and the fire calls ranged from grass fires to fully involved structure fires. Collectively the firefighters spent thousands of hours each year training, and at this time, one West Seneca fire company was in the process of gaining paramedic certification. Mr. Mariani commented that the firefighters were a highly dedicated, unpaid team of professionals who made available many hours of their time to service the community. A 2001 report prepared for the Firemen's Association of the State of New York by the American Economics Group stated that firefighters across the state saved New York State taxpayers $2.8 billion annually. If there were no volunteer firefighters, the taxpayers would have to pay this amount for their fire service, not including EMS service. West Seneca taxpayers would see an annual increase of 19.5 percent. Mr. Mariani asked for the Town Board's support in approving the proposed local law.

County Legislator Greg Falkner, 97 Cove Creek Run, stated that he was in favor of the proposed legislation for tax relief for volunteer firefighters and felt that it was a very minute dollar amount compared to the benefit to the community. He thought that firefighters deserved the recognition and that the legislation would aid in recruitment of new firefighters. Legislator Falkner further stated that he was prepared to take this proposal to the county level with a resolution to County Executive Giambra asking that this be extended to a county tax exemption for volunteer firefighters.

Bill Falkner, 5627 Seneca Street, stated that this was his 50th year as a volunteer firefighter in the Town of West Seneca and he served without remuneration. Mr. Falkner encouraged the Town Board to adopt this local law, pass it on to the County Legislature and then back to Albany for final approval.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.

Motion by Supervisor Clark, unanimous second, to adopt Local Law No. 1 of the year 2003 entitled "Volunteer Firefighters Tax Exemption" in the Town of West Seneca.

On the question, Councilman Osmanski commented on the amount of time volunteer firefighters spent at calls and on training and drills. He thought the proposed tax exemption was a small way of saying thank you for their service.

*APPENDICES*

3-B    LEGAL NOTICES

2.   Proofs of publications and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1055 UNION ROAD, BEING PART OF LOT NOS. 119 & 120, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR AUTO REPAIRS, RETAIL SALE OF GASOLINE AND OIL PRODUCTS, AND RETAIL SALE OF CONVENIENCE FOODS, INCLUDING COFFEE, TEA AND COLD BEVERAGES" in the Town of West Seneca, received and filed.        (Apex Consulting, Survey & Engineering Services, PC)

3-C   COMMUNICATIONS

1.   Town Attorney re Burchfield Village patio home development

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Supervisor Paul T. Clark and Town Clerk Patricia C. Wisniewski to sign the Map Cover for the Burchfield Village Patio Home Development.

On the question, Supervisor Clark commented that Burchfield Village would be a beautiful addition to the Town of West Seneca and would offer housing to the growing number of empty nesters, seniors and singles. The dwellings were smaller, but nicely laid out, both environmentally and from a construction point of view. Supervisor Clark noted that the name "Burchfield Village" was chosen to help keep the Charles Burchfield theme going in the Ebenezer community. With each patio home sale, the purchaser would receive a Charles Burchfield print and be offered a membership to the Burchfield Nature and Arts Center.

2.   Town Attorney re 2003 WNY Officials Association agreement

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Town Attorney's office to prepare an agreement with the Western New York Officials Association covering refereeing of Little Loop Football games for the 2003 season in an amount not to exceed $2500 and authorize the Supervisor to execute the agreement.

3.   Highway Supt. re Appointment of Daniel Duffy as part-time laborer in Highway Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Daniel Duffy as part-time laborer at a rate of $6.50 per hour effective February 10, 2003 to work as a car washer in the Highway Department and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

4.   Highway Supt. re Appointment of Daniel Biniaszewski as part-time laborer in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Daniel Biniaszewski as part-time laborer in the Buildings & Grounds Department at a rate of $6.50 per hour effective February 10, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3-C   COMMUNICATIONS

5.   Highway Supt. re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a budgetary transfer request in the amount of $1700 from Shelter - East & West Road Acct. #01.7110.0463 to Equipment Acct. #01.7110.0200 to purchase needed equipment not provided for in the 2003 budget.

6.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of the following vouchers:

7.   Chief Gehen re Rate increase for part-time Crossing Guards

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a salary increase for the part-time Crossing Guards from $15.96 per day to $18 per day effective February 16, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

On the question, Supervisor Clark expressed his appreciation to the Crossing Guards for their dedication. They were on the job in all kinds of weather and had a very low absentee rate. Supervisor Clark thought they did a great job for the town's children at very low pay.

8.   Chief Gehen re Bid award for purchase of five marked police vehicles

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the bid for five (5) marked police vehicles to McCarthy Ford, 900 Maple Road, Elma, NY 14059 at their low bid price of $71,000.

9.   Chief Gehen re Purchase of computer software upgrades

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $4738 to Syncronet Industries, Inc., 2430 North America Drive, West Seneca, for computer software upgrades of Microsoft Windows XP Pro and Windows XP Pro media kit to in-house computers within the Police Department, noting that 75 percent of this purchase ($3553.50) would be covered by the 2002 COPS MORE grant and the remaining 25 percent ($1184.50) would be covered by the 2002 police equipment bond.

3-C   COMMUNICATIONS

10.   Chief Gehen re Attendance of Lt. Urbanski & Det. Andolina at Principals of Fire Investigation seminar

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Lt. John Urbanski and Detective Robert Andolina to attend Principals of Fire Investigation at the Academy of Fire Science in Montour Falls, New York, February 2 - 7, 2003 at a cost not to exceed $550.

11.   Building Inspector re Attendance at Finger Lakes Building Officials Educational Conference

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Building Inspector William Czuprynski, Asst. Building Inspector Robert Pinnavaia, and Fire Inspector John Gullo to attend the Finger Lakes Building Officials Educational Conference in Rochester, New York, March 24 - 27, 2003 at a cost not to exceed $1600.

3-D    REPORTS

PROBLEMS OF THE PUBLIC

PROPOSED PROPERTY TAX EXEMPTION FOR AUXILIARY POLICE

County Legislator Greg Falkner, 97 Cove Creek Run, suggested that the Town Board extend the volunteer firemen's tax exemption passed at this meeting to the Auxiliary Police as a thank you for their continued dedication and service to the town.

Councilman Graber noted that the only reason the Town Board was able to grant a tax exemption to volunteer firemen was because the state legislature adopted a law concerning it.

Legislator Falkner stated that he was aware of that and was prepared to take a resolution to the County Legislature in favor of a tax exemption for auxiliary police and forward it to the state level for their approval. He hoped that the Town Board would consider approval at a future date.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

MILITARY LEAVE OF ABSENCE FOR JOSEPH STEEN

Motion by Councilman Graber, seconded by Supervisor Clark, to approve a military leave of absence for Joseph Steen effective February 1, 2003 through February 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

HOURLY RATE INCREASE FOR ANDRUSZKO AND E. JARKA

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a $.50 rate increase for part-time Clerk Typist Lynn Andruszko effective November 25, 2002 and part-time Public Safety Dispatcher Edward Jarka effective January 3, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that these individuals completed the 1400 hours necessary for this increase.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

LEASE AGREEMENT FOR TWO PHOTOCOPIERS

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the Supervisor to sign a 60-month lease agreement with Duplicating Consultants in the amount of $410 per month for two AR507 copiers, noting that the lease agreement included service, parts and supplies, and further noting that this was the lowest bid of three competitive proposals.

Councilman Hicks noted that he was abstaining from voting on this agreement because he was employed by Duplicating Consultants. The town did business with them prior to his appointment as Councilman and he did not receive financial gain from the transaction.

ADJOURNMENT

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

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK