15-B    LEGAL NOTICES

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

Supervisor Clark stated that based on the most recent census every municipality had a certain amount of block grant funds designated to it. The Town of West Seneca received between $300,000 and $500,000 each year. The town belonged to a consortium of communities where the money was pooled with other larger and smaller municipalities for common administration and to adopt a more regional outlook on improving Western New York in general. The Town of West Seneca had been fairly successful at getting at least enough money to pay back what it gave up in allocating these funds to the consortium. Supervisor Clark stated that there was a housing component where some of the money was put into housing programs that worked in some of the low income areas of town. The economic development component directed money into a central county fund that was administered through County Executive Joel Giambra and the Department of Environment and Planning and used for various economic development projects. The Town of West Seneca received money for some incubator projects in North America Center and funds were directly lent to certain businesses for business retention, extension and expansion. Some of the funds were also combined with town funds to help

15-B    LEGAL NOTICES

1.    (continued)

finance the Local Development Corporation, who was constantly working to maintain and expand the business segment of the town. The third component of the block grant funds was community projects. Supervisor Clark was on the committee that decided which projects to fund based on merits. The projects were typically devoted to either senior citizens, handicapped persons, or low to moderate income sections of the town. Finally, the money was used for administration expenses in the county. Supervisor Clark read two letters he had received from Knox Avenue residents requesting that a paved walking path be installed around the Knox Avenue playground. He suggested that the town apply for $40,000 for a walking path around Knox Avenue playground. He further suggested that the town apply for $90,000 to replace sidewalks and approaches on Chamberlin Drive from Manhassett Street to Kirkwood Drive. Supervisor Clark noted that the town would provide matching funds for each of these projects.

Thomas Kelly, 54 Centerview Drive, thanked the town for repaving his street after 40 years, but noted that the sidewalks were now in need of replacement and repair. He commented on the poor condition of the sidewalks and the possibility for injury and asked if some of the block grant funds could be used for sidewalk replacement on Centerview Drive.

Supervisor Clark did not believe that Centerview Drive qualified as a low to moderate income area, so they could not apply for HUD funds for that project. There were only 18 streets in town that qualified, and Centerview Drive was not one of them. Supervisor Clark asked Deputy Highway Supt. Ed Kowalewski if there were any plans to restore the sidewalks on Centerview Drive.

Mr. Kowalewski stated that the list for sidewalk repairs was quite extensive, but he did not recall if Centerview Drive was on the list.

Mr. Kelly stated that some of the residents had repaired the sidewalks with their own blacktop to avoid any injuries and the possibility of being sued, but there were still a number of sidewalks that needed repair.

Town Attorney Tim Greenan stated that the town's problem was that with the number of sidewalks, they could not afford to redo them all. Many towns had passed on the responsibility of sidewalk repair to the adjoining landowner, and they did have some duties in that respect.

Supervisor Clark asked Mr. Kowalewski and Town Engineer George Montz to visually survey the sidewalks on Centerview Drive to see how they compared with other sidewalks in town and assign some kind of priority.

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

2.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1190 EAST & WEST ROAD, BEING PART OF LOT NO. 322, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR A 150' TELECOMMUNICATIONS FACILITY" in the Town of West Seneca, received and filed.          (Crown Atlantic Company LLC)

15-C   COMMUNICATIONS

1.   Supervisor Clark re ECCDBG project - Construction of trail in Knox Park

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor to request $39,999 to construct a 2600 linear foot paved trail in Knox Park, noting that the Town of West Seneca will match grant funds with $40,000 or 50 percent of the total project costs and this project is priority #2 on the town's application.

On the question, Supervisor Clark stated that Highway Department personnel could complete some or most of the construction of this project. He thanked Highway Supt. Pat Finnegan and his department and commented that the cost would be significantly higher if they were not able to do the work.

2.   Supervisor Clark re ECCDBG project - Replacement of sidewalks & approaches on Chamberlin Drive

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor to request $90,000 from the Erie County Community Development Block Grant Consortium to replace sidewalks and approaches on Chamberlin Drive from Manhassett Street to Kirkwood Drive, noting that the Town of West Seneca will contribute $90,000 or 50 percent of the total project costs and this project is priority #1 on the town's application.

On the question, Supervisor Clark thought that the town stood a reasonably strong chance of winning the competition for this project either this year or next year. Two large projects were funded last year and he hoped that they would be successful on at least one project this year.

3.   Town Attorney re West Seneca School District use of soccer complex

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the Supervisor to execute the attached Letter Agreement between the West Seneca Soccer Club, the West Seneca School District and the Town of West Seneca regarding the school district's use of the soccer complex.

On the question, Supervisor Clark commented that this was a good example of utilizing some common taxpayer financed facilities by different entities in order to obtain maximum usage from the facilities and a little revenue to offset the cost. He thanked Councilman Wroblewski for attending meetings with the West Seneca School District to work out an agreement.

*APPENDICES*

4.   Town Engineer re Bid award for Sanitary Sewer Repair Contract

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the Sanitary Sewer Repair Contract, Job No. S-0203, to Osinski Plumbing, Inc., 246 Fillmore Avenue, Buffalo, NY 14206 at their low unit item contract amount of $84,431 and authorize the Supervisor to execute the contract documents.

15-C   COMMUNICATIONS

5.   Town Engineer re Elmsford Court Watermain Replacement, final change order & acceptance

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve final change order No. 1 for E & R General Construction, 38 St. David's Drive, West Seneca, NY 14224 for a net deduct of $1128.18 and accept the Elmsford Court Watermain Replacement Project, Job No. E-0117, at a final contract amount of $32,039.82.

Supervisor Clark abstained from voting on this motion because E & R General Construction was a client of an accounting firm that he had a financial interest in.

6.   Town Engineer re Traffic signal controller for Seneca Street @ Ridge Road intersection

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the proposal from Omer Construction Co., Inc. for a total cost not to exceed $15,000 for furnishing and installing a new pole mounted NEMA 9200 traffic signal controller and accessories at the Seneca Street at Ridge Road intersection.

7.   Town Engineer re Flow meter proposal for West Seneca Sewer District #5 & #13

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the quotation from Burgh Schoenenberger Associates in the amount of $7410 for the purchase of two Isco Model 4230 flow meters with accessories.

8.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $3205 to URS Greiner, Inc. for preparation of discharge monitoring reports.

9.   Town Engineer re Title change for Maureen Terhart to part-time Clerk Typist

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the title of Maureen Terhart to part-time Clerk Typist effective October 20, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Town Engineer re Termination of Ronald Tumiel as part-time seasonal laborer

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate Ronald Tumiel as part-time seasonal laborer in the Engineering Department effective August 26, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15-C   COMMUNICATIONS

11.   Highway Supt. re Bid award for roof replacement at Ice Rink

Motion by Councilman Graber, seconded by Councilman Hicks, to award the bid for roof repairs at the Ice Rink to Sahlem's Roofing, 2260 Southwestern Blvd., West Seneca, at their bid price of $193,480.

On the question, Deputy Highway Supt. Ed Kowalewski stated that the specifications were circulated to other roofing companies, however, only one bid was returned.

Councilman Graber commented that the roof at the Ice Rink was leaking for years and was continually getting worse.

Councilman Hicks understood that the roof on the Ice Rink was rather specialized and not a lot of companies did that type of work.

Mr. Kowalewski further commented that along with the roof they would be installing some insulation.

Supervisor Clark suggested that Mr. Kowalewski maintain documentation indicating that bids were solicited from other companies.

Supervisor Clark abstained from voting on this motion because Sahlem's Roofing was a client of an accounting firm that he had a financial interest in.

12.   Highway Supt. re Bid award for pool repairs

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the bid for pool repairs to Beauty Pools, Inc. at their low bid price of $97,520.

13.   Highway Supt. re Termination of Eric Curtin as Sanitation laborer

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Eric Curtin as laborer in the Sanitation Department effective October 14, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Highway Supt. re Title change for Daryl Krawczyk to Motor Equipment Operator

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Daryl Krawczyk as Mechanic and appoint Mr. Krawczyk as Motor Equipment Operator, Step 5, at a rate of $19.36 effective October 14, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Highway Supt. re Appointment of Christopher Moonan as part-time laborer in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Christopher Moonan as part-time laborer to work at the Ice Rink at a rate of $5.50 per hour effective October 15, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15-C   COMMUNICATIONS

16.   Highway Supt. re Purchases requiring Town Board approval

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

17.   Chief Gehen re Approval of town's match for Local Law Enforcement Block Grant

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the town's match of $3820 for the Local Law Enforcement Block Grant #2002-LB-BX-0957, noting that the federal share of this grant is $34,383.00.

18.   Chief Gehen re Member item funding request for expansion of Police Department & court facility

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize an application to State Senator William Stachowski for member item funding in the amount of $100,000 for future expansion of the West Seneca Police Department and court facility.

On the question, Councilman Graber suggested that they request more than $100,000.

Chief Gehen stated that the Needs Assessment Committee recommended $100,000 and he had discussed this amount with Senator Stachowski.

Supervisor Clark understood that $100,000 was the limit for a member item on any project.

Councilman Graber felt that the State of New York could give as much as they wanted, but noted that they were looking at an $8 million deficit next year.

Supervisor Clark commented that these funds would be used to help design a project that would work and allow the town to get started with some of the soft development costs involved in a project like this.

Councilman Graber stated that they would still need to know the cost of a facility even if it were designed as bare minimum, so the funds could be used for the engineering work involved in the design process.

19.   Chief Gehen re Status change for Melissa Hender to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Senior Clerk Melissa A. Hender from part-time to part-time seasonal effective October 1 - December 31, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.