15-B   LEGAL NOTICES

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

Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its September 19, 2001 meeting the Planning Board recommended approval (3 to 2) of the request for a special permit for property located at 346 Potters Road, being part of Lot No. 271, changing its classification from R-50 to R-50(S), for two 6-unit apartment buildings, with the recommendation that a traffic study be performed."

15-B    LEGAL NOTICES

Architect Robert Spahn, 295 Main Street, Suite 222, Buffalo, stated that their most recent submission for the project was for one twelve-unit building rather than two six-unit buildings, but the overall size and configuration would be the same. The project had been scaled down from sixteen to twelve units after comments were received from the Planning Board and after further analysis of how much building they felt they could effectively fit on the site. The project was encumbered by a very large sewer easement and by a steep drop off on the rear third portion of the property. A traffic study was performed and Town Board members were given copies of it. With regard to the curb cut, the traffic study indicated that although the site distances were not ideal, they were within normal standards. Mr. Spahn also noted that the clientele they expected to reside in the apartments were either semi-retired or retired persons, and they did not normally drive during peak times of traffic or tried to avoid it as much as possible.

Supervisor Clark commented that this project had been before the Planning Board and Town Board on one or two other occasions. He questioned if this was the final submission.

Mr. Spahn responded that he thought this was the final submission for the project. The previous proposals were for townhouses, but a market analysis indicated that the rental market would be much stronger for the property and better suited.

Councilman Osmanski noted that the Planning Board minutes did not indicate a single 12-unit building and there were comments about two six-unit buildings.

Mr. Greenan thought that this might be a typographical error and stated that the plans submitted to the Planning Board depicted a single 12-unit building.

No comments were received from the public.

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

Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a special permit for property located at 346 Potters Road, being part of Lot No. 271, changing its classification from R-50 to R-50(S), for a 12-unit apartment building, and grant a variance to the east side yard setback from 25 to 5 feet.

On the question, Supervisor Clark noted that the traffic study performed by FRA Engineering was voluminous and it was their professional judgment that the proposed project would not have a significant adverse traffic impact on adjacent streets.

Councilman Osmanski questioned if a flood plain permit would be required.

Town Engineer George Montz advised that the developer would be required to obtain a flood plain permit.

*APPENDICES*

2.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1100 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A SUBWAY RESTAURANT" in the Town of West Seneca, received and filed.       (Benderson Development Co.)

15-C    COMMUNICATIONS

1.   Supervisor Clark re Kirkwood Drive contract

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Supervisor Paul T. Clark of the Town of West Seneca to sign, submit, and execute a contract with the Erie County Community Development Block Grant Consortium (ECCDBGC) for $90,000 to replace sidewalks, driveway approaches, curbing, catch basins, and underdrains on Kirkwood Drive from Manhassett Street to Indian Church Road, noting that the Town of West Seneca will contribute $290,000 or 76.3 percent of the total project cost of $380,000.

2.   Supervisor Clark re Delray Avenue contract

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Supervisor Paul T. Clark of the Town of West Seneca to sign, submit, and execute a contract with the Erie County Community Development Block Grant Consortium (ECCDBGC) for $90,000 to replace sidewalks and approaches on Delray Avenue from Graham Street to Seneca Street, noting that the Town of West Seneca will contribute $370,000 or 80.4 percent of the total project cost of $460,000.

Ayes: All

Noes: None

Motion Carried

3.   Supervisor Clark re Youth Bureau Latchkey Project

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Supervisor Paul T. Clark of the Town of West Seneca to sign, submit, and execute a contract with the Erie County Community Development Block Grant Consortium (ECCDBGC) for $90,000 that will enable the West Seneca Youth Bureau to deliver remedial math and English Language Arts assistance, homework help and tutorials to low/moderate income children living in the Seneca Street/Harlem Road area, noting that grant funds will be matched by the Youth Bureau with $90,000 in cash and in-kind goods and services.

4.   Supervisor Clark re Henrietta Avenue contract

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Supervisor Paul T. Clark of the Town of West Seneca to sign, submit, and execute a contract with the Erie County Community Development Block Grant Consortium (ECCDBGC) for $90,000 to upgrade the road conditions of Henrietta Avenue, noting that the Town of West Seneca will contribute $90,000 in matching funds or 50 percent of the total project cost of $180,000.

15-C    COMMUNICATIONS

5.   Supervisor Clark re Erie County Community Development Block Grant projects

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Supervisor Paul T. Clark of the Town of West Seneca to sign, submit, and execute a contract with the Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG: 1) Kirkwood Drive sidewalk reconstruction project; 2) Delray Avenue sidewalk reconstruction project; 3) Youth Bureau latchkey project; 4) Henrietta Avenue road expansion project.

6.   Town Attorney re Acceptance of deeds to Sunset Creek Subdivision, Phase II streets

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the deeds to the streets in the Sunset Creek Subdivision, Phase II, Map Cover 3047.

7.   Town Engineer re Bid award for Parkside Drive Flood Control Improvements Project

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the Parkside Drive Flood Control Improvements Project, Job No. P-0113, to David E. Ogiony Development Co., 500 Bullis Road, West Seneca, NY 14224 at their low unit item contract amount of $9173.98 and authorize the Supervisor to execute the contract documents.

8.   Town Engineer re Purchases requiring Town Board approval

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

9.   Highway Supt. re Bid award for two pickup trucks and a cube van

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the bid for two pickup trucks and one cube van to Gillogly Chevrolet, 1777 Union Road, West Seneca, NY 14224 as follows:

10.   Highway Supt. re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve a budgetary transfer request of $44,000 from Culvert, Pipe, Lumber, Sand, etc. Acct. #02.5110.0498 to Equipment Acct. #02.5130.0200 to cover the purchase of two pickup trucks for the Highway Department.

15-C    COMMUNICATIONS

11.   Highway Supt. re Purchases requiring Town Board approval

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

12.   Highway Supt. re Military leave of absence for Joseph Steen

Motion by Councilman Graber, seconded by Councilman Hicks, to approve a military leave of absence for Joseph Steen effective October 5 - 26, 2001 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Highway Supt. re Title change for William Metzger & Jason Hobot to Sanitation MEO

Motion by Councilman Graber, seconded by Councilman Osmanski, to terminate William Metzger and Jason Hobot as Sanitation Laborers and appoint William Metzger and Jason Hobot as Sanitation Motor Equipment Operators effective October 23, 2001 at a rate of $14.42 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

14.   Chief Gehen re "Buckle Up New York" Project funding proposal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute the "Buckle Up New York" (Occupant Restraint Enforcement Incentive), FY2002, Project Funding Proposal PT-1574023 award for $7500 effective October 1, 2001 with the State of New York Governor's Traffic Safety Committee.

15.   Chief Gehen re Salary extension to officers on active military duty

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the extension of base salary benefits minus military pay received for a period of ninety (90) days to Police Officer Timothy Pratt effective the first day of his call up to active duty for the United States Coast Guard and continue full medical benefits during this period; and further, request a letter from the PBA indicating that no precedent will be set in this matter.

On the question, Supervisor Clark stated that the town's labor counsel had recommended that the labor union submit a letter indicating that there would be no precedent set by this matter.

Councilman Osmanski questioned the effective date of this authorization.

Chief Gehen responded that the board previously approved the military leave of absence for Officer Pratt; however, he had taken some holidays to make up for the time that he was absent.

15-C    COMMUNICATIONS

Supervisor Clark suggested that they reinstate the holidays in case Officer Pratt were to be called back earlier than planned and make this authorization effective with the first day of his call up to active duty. The board members wanted to support Officer Pratt and any employee that was called up to serve in the war on terrorism, but they also had to make sure that they remained financially responsible. Supervisor Clark stated that the board had decided to make this authorization for a period of ninety days, but if the call up lasted longer than that they were prepared to reconsider and restudy the situation based on the total number of employees that were called up and the total impact to the town.

16.   Chief Gehen re Bid date for purchase of computer equipment

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date for Monday, November 5, 2001 at 10:30 A.M. in the Town Clerk's Office for receipt of bids on the upgrading and replacement of computer equipment within the Police Department to include twenty-five (25) computer work stations excluding monitors.

17.   Chief Gehen re Purchase of office equipment

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of one (1) executive L desk with a computer work station from Arrow Business Forms, P.O. Box 406, West Seneca, NY for a combined price of $2000 including shipping.

18.   Chief Gehen re Purchase of new dispatch chairs

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of three (3) Intensive Use ergonomic dispatch chairs from Concept Seating Inc., W227 N752 West Mound Drive, Unit L1, Waukesha, WI 53186 at a total cost of $2135 which includes a $750 credit for limited warranty dispatch chairs purchased in the past.

19.   Chief Gehen re Local Law Enforcement Block Grant

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve the town's match of $3447 for the Local Law Enforcement Block Grant #2001-LB-BX-1779, noting that the federal share for this grant is $31,020.

20.   Chief Gehen re Attendance at International Association of Chiefs of Police conference

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Chief Edward F. Gehen to attend the International Association of Chiefs of Police annual conference in Toronto, Canada, October 27 - 31, 2001 at a total estimated cost of $1280.