1-B   COMMUNICATIONS

1.   Supervisor Clark re Resignation of Jason Jaros as part-time Warrant Clerk

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Jason Jaros and terminate him as part-time Warrant Clerk effective December 16, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Supervisor Clark re Attendance at Association of Towns annual meeting

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor, Council Members, Town Justices, Town Attorney, Deputy Town Attorneys, Town Comptroller, and a Court Clerk to attend the 2004 Training School & Annual Meeting of the Association of Towns of the State of New York to be held in New York City, February 14-20, 2004 at a total cost not to exceed $1400 per person attending.

3.   Supervisor Clark re WalkMania 2004

Motion by Councilman Osmanski, seconded by Councilman Graber, to grant permission to the March of Dimes to hold their WalkMania 2004 on Saturday, May 1, 2004 from 9:00 A.M until 2:00 P.M. with start and finish points at West Seneca East Middle School.

1-B    COMMUNICATIONS

4.   Town Attorney re Senior van contract

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2004 Transportation and Escort Services agreement for the senior citizens.

5.   Town Attorney re Nutrition Program Agreement

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2004 renewal nutrition contract which will renew the 2003 nutrition program contract currently in effect between the Town of West Seneca and Erie County.

6.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3582.37 to Mecca Krull Corporation for repairs to backhoe.

7.   Highway Supt. re Appointment of J. Nicholas & R. Garry as Sanitation Laborers

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint James T. Nicholas and Robert Garry as Laborers in the Sanitation Department effective January 12, 2004 at a rate of $13.77 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.   Highway Supt. re Leave of absence for Leo Kogler

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant Leo Kogler a leave of absence under the Family Medical Leave Act effective December 18 - 30 2003, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Highway Department:

10.   Chief Gehen re Bid date for purchase of four marked police vehicles

Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of January 27, 2004 at 10:00 A.M. for receipt of bids on the purchase of four (4) marked police vehicles.

1-B    COMMUNICATIONS

11.   Chief Gehen re Lease of copiers

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize a 36-month lease for one (1) Sharp AR-157E digital copier and one (1) AR-208 digital copier from Duplicating Consultants, Inc., Audubon Industrial Park, 315 Creekside Drive, Amherst, NY 14228 at the New York State contract price of $252 per month.

Councilman Hicks abstained from voting on this motion because he was employed by Duplicating Consultants; however, he did not receive any financial gain from this transaction. Councilman Hicks further noted that the cost was New York State Contract pricing and Duplicating Consultants was the low bidder.

12.   Chief Gehen re Leave of absence for Robert Rappold

Motion by Councilman Osmanski, seconded by Councilman Graber, to grant Public Safety Dispatcher Robert Rappold a leave of absence under the 1993 Family Medical Leave Act effective January 8 - March 4, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Town Clerk re Polling places for 2004

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the following list of polling places for the 2004 election year:

1-B    COMMUNICATIONS

14.   Town Clerk re Appointment of Election Machine Custodians

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the following individuals to act as Election Machine Custodians for the 2004 election year at their prevailing rates of pay under the Blue Collar contract:

15.   Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2830 to West Seneca Printing, Inc., 860 Center Road, for printing the 2004 Town of West Seneca historical calendar.

1-C    REPORTS

PROBLEMS OF THE PUBLIC

RESIDENT THANKS TOWN BOARD FOR APPOINTMENT OF SANITATION LABORER

Bruce White, 45 Kirkwood Drive, thanked Highway Supt. Pat Finnegan, Councilman Hicks and the other Town Board members for appointing Robert Garry as a full-time laborer in Sanitation. He commented that Mr. Garry was a good worker that spent many years as a temporary employee. He was a family man and volunteer fireman, and Mr. White thought the Town Board would be proud of his work.

PUBLIC COMMENT ON NYS EMPLOYEE PENSION FUND

Francis Lafferty, 137 Lyndale Court, commented on a recent Buffalo News article concerning New York State employee pensions and what they were doing to the taxpayers. Mr. Lafferty stated that he worked in the private sector for 35 years and retired with nothing. The only income he had was his social security and some money he invested in the stock market. His investment was hurt just like the New York State Employee Pension Fund, but he didn't get help from anyone and had to do with less. Mr. Lafferty stated that he was not trying to deny anyone their right to a pension, but he was concerned about the cost to the taxpayers and hoped that the Town Board was also concerned.

Councilman Graber stated that he initially became concerned in the 1990's when the stock market was booming and the retirement fund was financially sound, and the New York State Legislature decided to eliminate the three percent employee participation into the pension fund for employees with ten or more years of service. Prior to that all Tier 3 & 4 employees contributed three percent of their annual salary to the pension fund for the duration of their employment, so the impact to municipalities was not as severe. Under the New York State Constitution, the legislators were not able to reverse their action, and if they were to resurrect the employee contribution, only new employees would be required to contribute.

Mr. Lafferty agreed that the problem began when the legislators eliminated the three percent contribution, but he thought that the legislators were only looking to take care of themselves. However, they left it open ended and every civil service employee in the state became eligible.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

YOUTH DIRECTOR AUTHORIZED TO SIGN CONTRACTS

Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize Youth Director Mark Lazzara to sign contracts with the New York State Office of Parks, Recreation and Historical Preservation for the benefit of the West Seneca Youth Bureau/AmeriCorps and the Burchfield Nature and Art Center.

APPOINTMENT OF CAROL KENNEDY AS PART-TIME FOOD SERVICE HELPER

Motion by Councilman Hicks, seconded by Councilman Osmanski, to appoint Carol Kennedy as part-time Food Service Helper at the Senior Citizens Center effective January 15, 2004 at a rate of $6.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

SETTLEMENT OF STREETLIGHT BILLING DISPUTES WITH NYSEG

Motion by Councilman Graber, seconded by Councilman Hicks, to adopt the following resolution concerning a statewide settlement with streetlight billing disputes between numerous municipalities and New York State Electric & Gas:

WHEREAS, the New York State Public Service Commission instituted formal proceedings to consider past billings and other issues, claims or disputes in connection with the street lighting services by New York State Electric & Gas (NYSEG); and

WHEREAS, the Town of West Seneca intervened in such proceedings; and

WHEREAS, the Town of West Seneca engaged Computel Consultants to represent the Town of West Seneca in such proceedings and negotiate on its behalf in regard to all issues, claims or disputes pertaining to street lighting services rendered by NYSEG for the Town of West Seneca; and

WHEREAS, the negotiations between NYSEG and Computel Consultants have resulted in a settlement and release agreement between NYSEG and the Town of West Seneca; and

WHEREAS, Computel has recommended the acceptance of such settlement and release agreement; and

WHEREAS, the business arrangement between Computel and the Town of West Seneca will terminate upon the distribution of funds to the Town of West Seneca; now, therefore, be it

RESOLVED, that Supervisor Paul T. Clark is authorized to execute a settlement and release agreement with and to deliver the same to NYSEG.

On the question, Councilman Graber stated that this was an ongoing process between NYSEG and most municipalities throughout the state. An outside consultant was hired to evaluate the various billings, and it was determined that there was a disagreement between NYSEG and the municipalities. Upon execution of the settlement and release agreement the town would receive $25,000 from NYSEG.

Supervisor Clark commended Councilman Graber who had been working very hard on this matter through the Utility Advisory Committee.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

GAS LIGHT ISSUES RESOLVED

INTERMUNICIPAL AGREEMENT FOR HAZEL COURT SUBDIVISION

Town Attorney Tim Greenan stated that due to capacity issues the town was prohibited from providing sewer service to any other sewer districts. Mr. Greenan received a request from the Town of Orchard Park that the East & West Road/Leydecker Road sewer district provide sewer service for the Hazel Court subdivision located across Southwestern Blvd. at the time the capacity issues are resolved.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to enter into an agreement with the Town of Orchard Park to allow the Hazel Court subdivision access to the East & West Road/Leydecker Road sewer district at such time as capacity issues are resolved.

ADJOURNMENT

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK