Supervisor Paul T. Clark called the meeting to order at 5:10 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.

ROLL CALL: Present -

Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

1.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that the elected Town Officials be salaried as follows effective January 1, 2004:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Motion by Councilman Osmanski, seconded by Councilman Graber, that Timothy J. Greenan, 21 Cedar Court, be appointed Town Attorney for a term set pursuant to Town Law §24 at an annual salary of $45,630.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3.   Motion by Councilman Osmanski, seconded by Councilman Graber, that William H. Bond, 121 Elmsford Drive, be appointed Deputy Town Attorney at an annual salary of $23,736.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

4.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Dale J. McCabe, 17 Sunrise Terrace, be appointed Deputy Town Attorney (Town Prosecutor) at an annual salary of $23,736.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Charles Koller, 85 Cove Creek Run, be appointed Town Comptroller for a term set pursuant to Town Law §20 Subd. 3(B) at an annual salary of $26,554.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5.   (continued)

Supervisor Clark stated that although he was not required to, he was abstaining from voting on this motion because he and Mr. Koller were partners in a public accounting firm in the Town of West Seneca. There were prior rulings from the NYS Comptroller indicating that there was no impropriety.

6.   Motion by Councilman Osmanski, seconded by Councilman Graber, that Edward Hummel, Sole Assessor IV, be compensated at an annual salary of $70,158.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

7.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Patricia C. Wisniewski be appointed Registrar of Vital Statistics at an annual salary of $3595.00 effective January 1, 2004, all fees to go to the Town General Fund, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.   Motion by Councilman Osmanski, seconded by Councilman Graber, on the recommendation of the Town Clerk, that Jacqueline Felser, 292 Bullis Road, be appointed Deputy Registrar of Vital Statistics at an annual salary of $1470.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Motion by Councilman Osmanski, seconded by Councilman Graber, on the recommendation of the Town Clerk, that Jacqueline Felser, 292 Bullis Road, be appointed First Deputy Clerk to serve without remuneration.

10.   Motion by Councilman Osmanski, seconded by Supervisor Clark, on the recommendation of the Town Clerk, that Carol Rebl, 53 Cove Hollow, be appointed Second Deputy Clerk to serve without remuneration.

11.   Motion by Councilman Osmanski, seconded by Supervisor Clark, on the recommendation of the Highway Superintendent, that Edward Kowalewski, 3402 Clinton Street, be appointed Deputy Highway Supt. at an annual salary of $7489.00 effective January 1, 2004 and that he act in the capacity of the Highway Supt. in the event of his absence for any reason, e.g., vacation, illness, etc., and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that the salary of Secretary to the Supervisor and Bookkeeper to the Supervisor be set as follows effective January 1, 2004:

Secretary to Supervisor            $34,985.74
Bookkeeper to Supervisor                 $ 1.00

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Kathleen Tallman, 70 Duchess Drive, and Eileen Caparella, 218 Summit Avenue, be appointed Clerks to the Town Justices at an annual salary of $34,985.74 each and that Sindy Reading, 55 Columbia Parkway, be appointed full-time temporary Clerk to the Town Justices at an annual salary of $30,513.79 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Motion by Councilman Osmanski, seconded by Councilman Graber, that Donald Powers, 75 Schultz Road; John Bager, 63 Hilltop Court; and Dennis Osinski, 48 Round Trail, be appointed to the Board of Plumbing Examiners at an annual stipend of $500.00 each effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Motion by Councilman Osmanski, seconded by Councilman Graber, that the annual salaries of the Zoning Board of Appeals and Planning Board members be set at $4988.00 for the Chairman of each Board and $3384.00 each for the other members of each Board effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.   Motion by Councilman Osmanski, seconded by Councilman Graber, that the annual salary of Patricia Wisniewski as Secretary to the Planning Board and Zoning Board of Appeals be set at $2756.00 each effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Robin Heiss, 140 Schultz Road, and Michael Shea, 2467 Seneca Street, be appointed Civil Officers of the Town of West Seneca effective January 1, 2004 for the purpose of service of process, etc. without remuneration from the town.

18.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Gladys Ryan, 924 Main Street, be appointed Deputy Receiver of Taxes at an annual salary of $792.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.   Motion by Councilman Osmanski, seconded by Councilman Graber, that the members of the Assessment Board of Review be subject to the call of the Assessor with fees set as follows effective January 1, 2004:

20.   Motion by Councilman Osmanski, seconded by Councilman Graber, that the following officials and employees not represented by the Collective Bargaining Agent recognized by the Town of West Seneca are hereby appointed to the following positions with salaries effective January 1, 2004:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

21.   Motion by Councilman Osmanski, seconded by Councilman Graber, that Kenneth VanRemmen, 39 Knox Avenue and Albert Nigro, 185 Delray Avenue be appointed to a one (1) year term as Bingo Inspectors for the Town of West Seneca at an annual salary of $3076.00 each effective January 1, 2004 through December 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

22.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Ferol Webb, 1300 Indian Church Road, be appointed Town Historian at an annual salary of $1669.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

23.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Michael Kerl, 310 Tudor Blvd., be appointed Natural Disaster Services Coordinator, Part-Time at an annual salary of $3497.00 effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

24.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that John Gullo, 1055 Center Road, be appointed Assistant Disaster Coordinator at a stipend of $50 per incident effective January 1, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

25.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Patrick Finnegan be granted an extension of his existing leave of absence as Laborer in the Highway Department through and including January 1, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

26.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that the salary for the Election Inspectors for 2004 be set as follows for Primary, Registration & Election Day:

Inspector - Chairman             $170.00 per day
Inspector           $155.00 per day
Election School Attendance          $ 25.00 per day

27.   Motion by Councilman Osmanski, seconded by Councilman Graber, that town funds be deposited in the West Seneca Offices of the following banks effective January 1, 2004 at the discretion of the Town Board:

M & T Trust Company      -       Capital
Evans National Bank      -       Operating, Payroll, Unemployment Escrow, Trust & Agency

28.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that the Town Board does hereby authorize all funds of the Construction and Improvement Account to be maintained in a consolidated bank account, but that the Town Comptroller continue to maintain a separate account in the bookkeeping system to indicate the exact balance of each Construction and Improvement Account at all times as recommended by the state auditors.

29.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that the Town Board of the Town of West Seneca, pursuant to §25 of Town Law and §11 (2) of the Public Officers Law, hereby approves the execution of a Public Employee’s Blanket Bond issued by the Fidelity Deposit Company covering all officers and employees including the Supervisor, Town Clerk, Comptroller, Deputy Comptroller, Superintendent of Highways, Receiver of Taxes, and two (2) Town Justices for the sum of $200,000.00 per occurrence, and be it further resolved that the undertaking shall be effective January 1, 2004, noting that a $2500.00 deductible will apply to the bond.

30.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that the West Seneca Bee be designated as the Official Newspaper of the Town of West Seneca and that the Buffalo News and Front Page be used at the discretion of the Town Board.

31.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that the following titles of town department heads, elected or appointed officials, and certain other full-time employees not covered by contract provisions between the town and the Blue and White Collar CSEA or the West Seneca PBA be granted extended benefits including Blue Shield or equivalent plan costs as well as all other health and welfare fund related benefits in accordance with the CSEA White Collar Contract or equivalent, with the exception of the Chief of Police and Assistant Chief of Police who are granted benefits pursuant to the contract with the West Seneca PBA. These will include the following: Supervisor, (4) Councilmen; Town Clerk, Highway Superintendent; (2) Town Justices; Receiver of Taxes; Town Attorney; (2) Deputy Town Attorneys; Town Comptroller; Sole Assessor; Secretary to Supervisor; (2) Clerks to Town Justices; Secretary to Highway Superintendent; Town Engineer; Building Inspector; Director of Recreation; Director of Youth Bureau; (2) Coordinators of Peer Counseling; Service Learning Coordinator; (1) Supervisor of Youth Corps.

32.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that the Town of West Seneca shall continue to pay 85% of Blue Shield or an equivalent plan for eligible appointed or elected retired employees who have retired after January 1, 1992, noting that said payments shall not be made to employees but directly to the insurance carriers.

33.   Motion by Councilman Osmanski, seconded by Councilman Graber, that pursuant to §119 (2) of the Town Law, the Town Comptroller be authorized to draw warrants to pay any claims for fixed salaries, for principal and interest on bonded or refunded debt or other loans, on the legal or stated compensation of officers or employees of the town, or accounts becoming due upon lawful contracts for periods not exceeding one (1) year.

34.   Motion by Councilman Osmanski, seconded by Councilman Graber, that all vouchers for claims upon the town shall be acceptable for audit provided they are certified to be true, correct, and initialed by the department head, board or commission.

35.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that reasonable mileage be allowed to public officials and town employees at the rate of $.31 per mile as set out by State Law.

36.   Motion by Councilman Osmanski, seconded by Councilman Graber, that:

1. No purchases be made over $1000.00 without prior approval of the department head;
   
   
2. No purchases be made for more than $1000.00 but less than $1700.00 without approval of the department head and Town Board liaison or Committee Chairman to the department (Town Board member);
   
   
3. Purchases for more than $1700.00, but under the bidding limits must be aggregated by purchase request and submitted to the Town Board as an agenda item on the purchases requiring Town Board approval form for approval prior to committing for the purchase.
   
   

There will be no exceptions to this procedure other than as permitted by law and the Comptroller is directed to strictly enforce this ruling.

37.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that the town continue its Procurement Policy as outlined in Chapter 30 of the West Seneca Town Code.

38.   Motion by Councilman Osmanski, seconded by Councilman Graber, that petty cash funds be created as follows:

39.   Motion by Councilman Osmanski, seconded by Councilman Graber, that the Town Hall Offices be open 9:00 A.M. to 5:00 P.M. five (5) days per week, except July 1 through Labor Day when the hours shall be 9:00 A.M. to 4:30 P.M. five (5) days per week as outlined in the White Collar Labor Contract.

40.   Motion by Councilman Osmanski, seconded by Councilman Graber, that the accounting firm of Deloitte & Touche be employed to prepare the annual audit and also any other services that may be called for by order of the Town Board.

41.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Supervisor Clark be appointed Budget Officer to serve with remuneration as set out in the 2004 Town Budget.

42.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that Supervisor Clark be authorized to sign checks for the West Seneca Library pursuant to §259 of the Education Law.

43.   Motion by Councilman Osmanski, seconded by Councilman Graber, that the Comptroller be authorized to temporarily invest town monies not needed for immediate expenditure, and further, the Town Board adopt and authorize the Comptroller to comply with the Investment Policy and Guidelines as originally adopted by the Town Board on 12/18/89 and amended on 8/15/94.

44.   Motion by Councilman Osmanski, seconded by Supervisor Clark, to add the following list of banks to the Town Investment Policy, which the town plans to have bid on excess funds for 2004:

Key Bank of WNY N.A.              M & T Bank              Charter One              Evans National Bank
Fleet Bank, N.A.               HSBC Bank              J.P. Morgan Chase Bank

45.   Motion by Councilman Osmanski, seconded by Councilman Graber, that regular meetings of the Town Board where not otherwise specified be held on the second and fourth Mondays of each month and any emergency meeting at the call of the Chair. Special meetings shall be held at the call of the Town Clerk of the Town of West Seneca upon direction of the Chairman, or upon written request of at least two (2) members of the Town Board. Notice in writing stating the time, place, and purpose of the special meeting shall be served personally upon each member of the board at least forty-eight (48) hours prior to the date fixed for holding the meeting. Only business specified in the notice thereof may be transacted at a special meeting. In accordance with the Open Meeting Law, the public and news media shall be given reasonable notice of any special meeting and all further executive sessions shall be public except for specific purposes allowed by law.

46.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that no town vehicles be used for unauthorized personal use and all town vehicles including the equipment in the Highway Department be identified by decals, with the exception of the Police Department vehicles used for detective work, the Police Chief’s car, the Highway Superintendent’s car, and the Supervisor’s car and direct the Supervisor to ensure that decals are placed on all cars except those mentioned.

47.   Motion by Councilman Osmanski, seconded by Councilman Graber, that in the interest of energy conservation, the operation of a log be continued for each town owned truck and vehicle as relating to mileage, destination, and task accomplished. Said log should be reviewed by the department head and forwarded monthly to the Committee Chairman responsible for that office. No town owned vehicle, except Police Department vehicles, should be left running at any location for any reason; and further, all town vehicles of various department heads, except Police and Highway, should be left at the Town Hall for general use while individuals are on vacation or any extended time off.

48.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that the Town Board sets the following rules for 2004 relative to the use of Highway men and equipment for emergencies:

1. The West Seneca Highway Department is authorized to provide for emergency assistance to the local school systems, fire districts and other municipalities if men or equipment are requested;
   
   
2. An emergency must exist and have been declared in the Erie County municipality requesting assistance;
   
   
3. The Highway Superintendent will promptly notify the Supervisor of such action and a written resume will immediately be given to the Town Clerk and Town Attorney outlining the details of the emergency service;
   
   
4. Town equipment will be operated by West Seneca employees in the majority of work situations. However, slow moving vehicles (roller), stationary equipment (air compressor or pumps), and light tools may be loaned to another Highway Department to be used and operated by their employees and fees will be assigned to the municipality that receives long term aid; and
   
   
5. The West Seneca Highway Superintendent is authorized to request aid from other towns in Erie County and non West Seneca men and equipment will work under the supervision of the West Seneca Highway Superintendent.
   
   

49.   Supervisor Clark announced the following personal appointments and committees for the year 2004, noting that he would also be a member of each committee:

Secretary to Supervisor      Linda Hanavan
Deputy Supervisor       Christopher F. Osmanski

Committees:

Utility Advisory Committee
Chairman:    Councilman Graber
Members:    Councilman Hicks; David Lawrence; Charles Koller; Timothy Greenan; Joseph Ciancio

Engineering & Special Districts
Chairman:    Councilman Osmanski
Co-Chairman:    Councilman Graber

Police & Public Safety
Chairman:    Councilman Osmanski
Co-Chairman:    Councilman Hicks

Recreation & Senior Citizens
Chairman:    Councilman Hicks
Co-Chairman:    Councilman Osmanski

Library Advisory
Chairman:    Councilman Hicks
Co-Chairman:    Councilman Osmanski

Highway
Chairman:    Councilman Hicks
Co-Chairman:    Councilman Graber

Insurance
Chairman:    Councilman Graber
Co-Chairman:    Councilman Osmanski

Capital Projects
Members:    Patrick Finnegan; George Montz; Charles Koller; Supervisor Clark; Councilman Osmanski; Councilman Graber

49.    (continued)

Revenue Development
Chairman:    Councilman Graber
Members:    Supervisor Clark, Mark Lazzara,Jack Norton

Safety & Accident Review
Members:    Councilman Hicks; Councilman Osmanski


Liaison Members:

Environmental Conservation Committee
Chairman:    Councilman Hicks
                      Councilman Graber

Band Shell Committee
Chairman:    David Brant
Members:    Art Sharf; Supervisor Clark

Solid Waste Committee
Chairman:    Councilman Hicks
Co-Chairman:    Councilman Osmanski

Youth Bureau
Chairman:    Councilman Osmanski
Co-Chairman:    Councilman Graber

Employee Assistance Program
Chairman:    Councilman Osmanski
Co-Chairman:    Councilman Graber

AmeriCorps Advisory Board
Chairman:    Councilman Hicks

TOWN BOARD MEETINGS SCHEDULED

Supervisor Clark announced the Town Board meetings scheduled for the first quarter of 2004 as follows:

Monday, January 12, 2004     @    7:30 P.M.
Monday, January 26, 2004     @    7:30 P.M.
Monday, February 9, 2004     @    7:30 P.M.
Monday, February 23, 2004    @    7:30 P.M.
Monday, March 15, 2004        @    7:30 P.M.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, that the Town Board Proceedings be adjourned at 5:45 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK,/p>