11-B    LEGAL NOTICES

1. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 1100 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A RESTAURANT" in the Town of West Seneca, be received and filed.       (Benderson Development Co.)

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

Deputy Town Attorney Bill Bond read the recommendation of the Planning Board: "At its June 20, 2001 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 1100 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2, for a restaurant."

Jeff Wereski, Vice President of Benderson Development Company, stated their request for a rezoning from C-1 to C-2 for a 2000 square foot area on the very east portion of the building located at 1100 Southwestern Blvd. for a Chinese restaurant. Parking was adequate and signage would be similar to the existing sign at Wilson Farms.

Councilman Osmanski noted that the deed description indicated 3063 square feet, but the drawing indicated 2000 square feet.

11-B    LEGAL NOTICES

1.   (continued)

Mr. Wereski responded that the area of the rezoning would be just over 2000 square feet.

Councilman Osmanski noted that the Planning Board minutes indicated hours of operation as 11 A.M. until 10:00 P.M. daily, and the restaurant would be primarily for take-outs, but they would have two or three tables inside. No alcoholic beverages would be served and there would be a common dumpster located near the Wilson Farms store to service the entire plaza.

No comments were received from the public.

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

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve the request for a rezoning for property located at 1100 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2, for a restaurant.

On the question, Supervisor Clark complimented Benderson Development for accommodating the residents of the Angle Road and Southwestern Blvd. area with their issues and noted that he had received no complaints recently. He thought that the development was a nice addition to the town and appreciated their continuing efforts. Supervisor Clark referred to the County of Erie's response to the site plan/zoning referral and questioned whether a negative declaration was required for this project.

Mr. Bond responded that the short environmental assessment form was on file and he did not believe a negative declaration was required.

*APPENDICES*

2. Proofs of publication and posting of legal notice: "OF THE ADOPTED AMENDMENT TO THE TRAFFIC ORDINANCE OF THE TOWN OF WEST SENECA AS FOLLOWS: ADDITION OF §115-9A (154) PARKING PROHIBITED IN DESIGNATED LOCATIONS - ON THE EAST SIDE OF ORCHARD PARK ROAD FROM MARILYN DRIVE TO ALLENDALE ROAD" in the Town of West Seneca, received and filed.

11-C    COMMUNICATIONS

1.   Supervisor Clark re Leave of absence for Brian Cosgrove

Motion by Supervisor Clark, seconded by Councilman Wroblewski, to grant a one-year leave of absence for Brian Cosgrove beginning July 29, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Town Attorney re West Seneca Little Loop referee agreement

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Town Attorney to prepare an agreement with the Western New York Officials Association covering refereeing of Little Loop football games for the 2001 season in an amount not to exceed $2500 and authorize the Supervisor to execute the agreement.

11-C    COMMUNICATIONS

3.    Town Attorney re Inter-government agreement for mosquito control program

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute an Inter-Governmental Agreement between the Town of West Seneca and County of Erie for a mosquito control program intended to address issues with the West Nile Virus.

4.    Town Attorney re Public hearing for amendments to Property Maintenance Ordinance

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to schedule a public hearing for Monday, August 20, 2001 at 7:30 P.M. to consider amending the town's Property Maintenance Ordinance to clarify responsibilities for snow shoveling and to provide that the town may undertake property maintenance under certain conditions and charge the cost of such work back to the property owner.

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

Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the Sanitary Sewer Repair Contract, Job No. S-0108, to Osinski Plumbing, Inc., 2 Nash Street, West Seneca, NY 14206 at their low unit item contract amount of $79,186 and authorize the Supervisor to execute the contract documents.

On the question, Councilman Osmanski noted that Osinski Plumbing was the current contractor on the sewer repair contract and their work was excellent. He further noted that they were the only bidder, and although this would normally concern him, in past years their bid was much lower than others.

Councilman Wroblewski abstained from voting on this motion because Osinski Plumbing recently became a client of the insurance agency he was employed by.

6.    Town Engineer re Bid award for Sanitary Sewer Rehabilitation Project

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the 2001 Sanitary Sewer Rehabilitation Project, Job No. S-0112, to United Survey, Inc., 25145 Broadway Avenue, Cleveland, OH 44146 at their low unit item contract amount of $329,160 and authorize the Supervisor to execute the contract documents.

On the question, Councilman Graber questioned how much of Sewer District #13 this would encompass.

Principal Engineer Assistant Gary Bommer projected that this would include a portion of Orchard Park Road and the trunk line behind Rolling Hills and Rolling Woods Lane.

11-C    COMMUNICATIONS

7.    Town Engineer re Termination of William Morrissey as part-time seasonal laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate William Morrissey as seasonal part-time laborer in the Sewer Service Department effective June 18, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.    Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of the following voucher for the Engineering Department:

Clinton Welding & Fabricating (gates at Plant 6, Plant 12 & Maryon Drive)     $1429.00
URS Corporation (discharge monitoring reports)     $3205.00
Erb Co., Inc. (new piping for Orchard Park Road)     $1513.94

9.   Highway Supt. re Veteran's Park improvements

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the town to accept funds and authorize the spending of such funds to purchase a World War II monument and other improvements (i.e. reposition the World War I monument; improve landscaping, walkways, etc.) at Veterans Park, noting that donations will be placed in a newly created expandable trust account entitled Veteran's Park Improvements and all donations can only be used for said improvements at Veterans Park.

On the question, Councilman Wroblewski commended Deputy Highway Supt. Ed Kowalewski and Dan Frontera for their efforts over the past three years in developing a list of soldiers from West Seneca who served in World War II. Donations for the monument were received from American Legion Post 735 and County Legislator John Greenan. Councilman Wroblewski suggested holding a ceremony at the site to honor the World War II veterans upon completion of the project.

10.    Highway Supt. re Purchases requiring Town Board approval

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

Judnick Construction (replacement of sidewalk at Senior Citizens Center)    $4500.00
Superior Pallets (safety surface material)     $3390.00
JEM Enterprises (repairs to pool filtration system)     $1455.87
Imperial Door Controls (handicapped doors for restrooms at Library)     $2494.00
Elmwood Tank & Piping Corp. (removal of sediment from underground gas tank)     $1658.00
Dell (laptop computer)         $2553.00

Supervisor Clark abstained from voting on this motion because one of the vendors was a client of an accounting firm that he had a financial interest in.

11-C   COMMUNICATIONS

11.    Chief Gehen re Appointment of Brian Cosgrove as Police Officer, Temporary

Motion by Supervisor Clark, seconded by Councilman Osmanski, on the recommendation of Chief Gehen, to appoint Brian E. Cosgrove as Police Officer Temporary effective July 30, 2001 at $37,593 per annum and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Cosgrove's appointment is contingent pending final results of medical and psychological examinations.

On the question, Supervisor Clark stated that Mr. Cosgrove had been serving as Asst. Dog Control Officer for the town and had proven to be a very conscientious and high-quality individual with high character.

Councilman Wroblewski wished Mr. Cosgrove the best of luck in his future as a police officer.

12.   Chief Gehen re Public hearing for 2001 Local Law Enforcement Block Grant Program

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to schedule a public hearing for Monday, August 20, 2001 at 7:30 P.M. to discuss the 2001 Local Law Enforcement Block Grant Program, noting that the Town of West Seneca was eligible for a direct award of $31,020 with a local match of $3447.

13.    Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $7998.25 to Biel's Information Tech Systems for microfilming building permits, noting that funds were available under the Local Government Records Management Improvement Fund microfilming grant awarded to the town.

14.   Comptroller re Pay increases for part-time employees

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant pay rate increases to the part-time employees on the attached list effective July 8, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that these employees completed over 2500 hours of service and were eligible to move to Step 2 of their appropriate title.

*APPENDICES*

15.    Recreation Director re Terminations & appointments for Summer Recreation Program

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate the following employees effective June 13, 2001:

11-C    COMMUNICATIONS

and further, appoint the following to work seasonal part-time in the summer recreation program effective June 13 - September 16, 2001:

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

16.   Recreation Director re Appointment of Marc Allen as part-time seasonal Recreation Leader

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Marc Allen as part-time seasonal Recreation Leader, Step 1, at a rate of $5.45 per hour effective July 10 - September 16, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.   Recreation Director re Appointment of Diana Rathmann as part-time clerk typist

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to reappoint Diana Rathmann as part-time Clerk Typist in the Recreation Department effective June 1 - August 1, 2001 at a rate of $6.65 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

18.   Recreation Director re Appointment of Jennifer Koehler as part-time seasonal Recreation Attendant

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Jennifer Koehler as part-time seasonal Recreation Attendant at a rate of $5.45 per hour effective July 15 - September 16, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.   Youth Director re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1750 to Buffalo State College for the residence rental fee for the Freedom Writers.