10-B    LEGAL NOTICES

1.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 2244 UNION ROAD, BEING PART OF LOT NOS. 21, 22 AND 23, CHANGING ITS CLASSIFICATION FROM M-1 TO C-1(S), FOR A 50-UNIT SENIOR HOUSING PROJECT OPERATED BY PEOPLE INC." in the Town of West Seneca, be received and filed.

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

Deputy Town Attorney William Bond read the recommendation of the Planning Board: "At its May 21, 2003 meeting the Planning Board recommended approval of the request for a rezoning & special permit for property located at 2244 Union Road, being part of Lot Nos. 21, 22 and 23, changing its classification from M-1 to C-1(S), for a 50-unit senior housing project operated by People Inc., contingent upon the wetlands delineation approval and the sewer, water and environmental issues that would be required prior to construction."

10-B    LEGAL NOTICES

1.    (continued)

Rhonda Frederick, Chief Operating Officer for People Inc., 1219 N. Forest Road, Williamsville, stated that People Inc. had several facilities in West Seneca for developmentally disabled adults. Affordable senior housing was another branch of People Inc. They had six apartment complexes throughout Western New York and one under construction in Amherst. The proposed project, to be called Burchfield Manor, would be a 50-unit, two-story senior housing complex for independent living individuals age 62 and over. The project would be HUD funded and they were in the process of applying for the grant.

Councilman Osmanski questioned if the rezoning and special permit could be contingent upon a successful application through HUD.

Town Attorney Tim Greenan responded that the rezoning and special permit could be granted contingent upon receipt of HUD funding.

Ms. Frederick stated that receipt of HUD funding was one of the contingencies on the purchase contract.

Councilman Graber questioned the qualifying income criteria for seniors.

Ms. Frederick advised that the income limit was $18,400 annually. The monthly rent would be dependent on an individual's income, so everyone's rent would be different. They were allowed some deductions from their income, and then the cost would be 30 percent of the adjusted income. There was also a utility allowance.

Daniel Chavanne, 39 Inter Drive, questioned if there were any present or future plans for an access road at the end of Inter Drive. He noted that there was already a senior housing complex at 50 North Drive that generated a lot of traffic. Mr. Chavanne commented on the proposed access road on Union Road near Arby's and suggested that the road be changed to Empire Drive, noting that there was a signal at Empire Drive and Union Road. Mr. Chavanne felt that his suggestion would alleviate additional problems on an already busy stretch of Union Road.

Councilman Osmanski advised that the plans did not indicate an access road to Inter Drive, and when the Town Board approved the rezoning and special permit, they were actually approving the site plan. They would not be able to do anything different than what was on the site plan without coming back to the Town Board for approval.

William Schutt of William Schutt & Associates, 37 Central Avenue, Lancaster, stated that the project site was part of Galley Florist and they would be using a portion of the property west of the existing greenhouses. Mr. Schutt confirmed that no connection with North Drive or Inter Drive was proposed, and there would be a single driveway off Union Road servicing only the proposed facility. He noted that the traffic impact from this type of development was extremely small. Only a handful of residents drove and there was shuttle service for the residents.

Pat Chavanne, 86 Greenfield Avenue, felt that with the proposed driveway next to Arby's and traffic from the 82 homes that were being built at the end of her street would be competing to exit onto Union Road. Mrs. Chavanne thought there should be another access road for the senior housing complex.

Jim Bove, 11 Willowdale Avenue, questioned if the property would be tax-exempt and removed from the tax rolls. He commented that one of the things that caused problems for the City of Buffalo was the tremendous number of parcels that were tax exempt. Mr. Bove stated that he was not against the project, but thought that a different location would be more beneficial to the town.

Supervisor Clark thought that the property at 2244 Union Road had a fairly low assessment considering it was undeveloped. He assumed that its assessed valuation was 10,000 or 15,000 and at $60 per thousand that amounted to less than $1000 per year in tax revenue. Although the project was tax exempt, they would still pay special district taxes. Supervisor Clark noted that these types of projects attracted nearby residents, and he commented on the benefit to the public in being able to offer this type of safe and secure housing to elderly residents of the town.

10-B    LEGAL NOTICES

1.    (continued)

Mr. Bove commented that the property located at 2244 Union Road might be of greater value 10 or 20 years from now, and another site on Clinton Street near Eden Heights might be a better location.

Marlene Sucharski, 2278 Union Road, stated that her driveway was next to the proposed access road and she questioned how far the parking lot would be from her home and how wide the driveway would be.

Mr. Schutt responded that the parking lot would surround the building and it would be more than 300 feet from Mrs. Sucharski's house. The building would be approximately 600 feet from her house. The frontage on Union Road was 126 feet, but the driveway would only be 30 feet wide.

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

Motion by Supervisor Clark, seconded by Councilman Hicks, to issue a negative declaration with regard to SEQRA for the proposed 50-unit senior housing project to be located at 2244 Union Road.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a rezoning and special permit for property located at 2244 Union Road, being part of Lot Nos. 21, 22 and 23, changing its classification from M-1 to C-1(S), for a 50-unit senior housing project operated by People Inc., contingent upon a successful HUD application and noting that approval is based on submittal #A1, #A2, #C1 and #C1A which indicate landscaping, driveway location, building details and profiles, etc.

On the question, Supervisor Clark referred to United Manor Church Home on North Avenue, which was subsidized housing for the elderly, and commented on the benefits to the town. He did not believe that the property at 2244 Union Road had been utilized to the best extent available and felt it was important to have this type of senior housing in town. Supervisor Clark thought that People Inc. was a good, responsible organization and would run a good facility. The project would be located in a nice area of town where they were trying to improve the walk ability of the Gardenville neighborhood and they were studying it for further historical and cultural attractions. There was a little more retail activity in this area and Supervisor Clark thought that the project would fit well into the neighborhood.

Councilman Osmanski stated that part of the reason he was in favor of the project was because of People Inc., who was excellent to work with. They were very straightforward and upfront on other projects in the town, and he thought that any project they did would be very well done and maintained. Councilman Osmanski commented on the uniqueness of the parcel and thought that the narrow frontage and unusual configuration would prevent any high profile commercial business from locating there. He commented on the need for senior housing and thought this was a great opportunity for the town to provide this type of housing.

Councilman Graber felt that one of the positive points of this project was that the majority of the land would remain green space. He noted that the property was currently zoned for manufacturing and a factory could locate there and bring much more traffic and other intrusions to the neighborhood. Councilman Graber thought that this was a great project for the area and noted that if any manufacturing or industrial company wanted to locate in West Seneca, they would be pushed toward the Industrial Park rather than the proposed site on Union Road. Although no one liked to see assessment lost, the project would have a positive return for the Fire District, Sewer District, Water District, etc.

Councilman Wroblewski stated that the Town Board had worked with Ms. Frederick on several projects and after they did a project they became part of the community. They did not disappear after the project was done and were very quick to respond to neighbor's requests. Councilman Wroblewski thought that this type of housing was greatly needed and they could not have chosen a better location for it.

*APPENDICES*

10-C   COMMUNICATIONS

1.   Supervisor Clark re Purchase requiring Town Board approval

Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize payment of $1844 to West Seneca Printing, Inc. for printing of town maps for insertion in the Who's Who book.

2.   Town Engineer re Bid award for the Woodward-Hybank-Belmont Drive Reconstruction Project

Motion by Supervisor Clark, seconded by Councilman Osmanski, to award the bid for the Woodward-Hybank-Belmont Drive Reconstruction Project, Job No. W-0206, to Buffalo Creek Inc., 11800 Rt. 20A, Wales Center, NY 14169, at their low unit item contract amount of $723,570 and authorize the Supervisor to sign the contract documents.

3.   Town Engineer re Bid award for the 2003 Sanitary Sewer Rehabilitation Project

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the 2003 Sanitary Sewer Rehabilitation Project, Job No. S-0304, to United Survey, Inc., 25145 Broadway Avenue, Cleveland, Ohio 44146, at their low unit item contract amount of $348,600 and authorize the Supervisor to sign the contract documents.

On the question, Councilman Osmanski stated that although they had only received one bid, United Survey performed excellent work last year on this project and their current bid price was comparable to last year.

Supervisor Clark questioned where the sanitary sewer rehabilitation work would be performed this year and whether W. Cranwood Drive was included.

Town Engineer George Montz advised that Laurelton Drive, Thomas Drive, and a section of 15-inch trunk sewer off of Union Road were scheduled for this year. The project included lining the sewers, sealing manholes and grouting laterals. W. Cranwood Drive was on the list to be done, but it was not included in this year's project.

4.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3028.34 to Erie County Water Authority for repairing a hydrant at 1497 Orchard Park Road that had been hit and damaged.

On the question, Councilman Wroblewski questioned if they knew who hit the hydrant.

Town Engineer George Montz stated that he had checked to see if there was a police report on this incident, but nothing was on file. The Erie County Water Authority was out there at the time and deemed it to be an emergency situation.

5.   Highway Supt. re Appointment of W. Brown & R. Drabik as part-time seasonal laborers in Sanitation

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint William Brown and Ronald Drabik as part-time seasonal laborers in the Sanitation Department at a rate of $7 per hour effective June 9, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10-C   COMMUNICATIONS

6.   Highway Supt. re Title change for J. Krawczyk to part-time seasonal laborer in Sanitation

Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Jason Krawczyk as summer help and appoint Jason Krawczyk as part-time seasonal laborer in the Sanitation Dept. at a rate of $7 per hour effective June 9, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

7.   Highway Supt. re Termination of A. Heck & T. Bitterman as part-time laborers at Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Arthur Heck and Thomas Bitterman Jr. as part-time laborers at the Ice Rink effective June 9, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.   Highway Supt. re Appointment of part-time seasonal laborers in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following part-time seasonal laborers in the Buildings & Grounds Department effective June 9 - August 31, 2003 at a rate of $6.50 per hour:

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

9.   Highway Supt. re Status change for Christopher Moonan to seasonal part-time

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of Christopher Moonan from part-time to part-time seasonal laborer in Bldgs. & Grounds effective June 9 - September 26, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Highway Supt. re Termination of M. English & D. Pachulski as part-time laborers in Bldgs. & Grounds Dept

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Matthew English and Darryl Pachulski as part-time laborers in Bldgs. & Grounds effective June 9, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10-C   COMMUNICATIONS

11.   Highway Supt. re Amendment to pay raise for Sean Donaldson in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Hicks, to amend the hourly rate for Sean Donaldson and set his pay rate at $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Highway Supt. re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2888.13 to Penn Detroit Diesel for truck repairs.

13.   Chief Gehen re Computer upgrades

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the upgrade of (25) twenty-five in-house police computers to Corel Word Perfect Office Standard version 11, v2003 at a cost of $129 each, for a total cost of $3,225 and (1) one media kit for Corel Office Standard at a cost of $29 for a total cost of $3254, noting that service would be provided by Synchronet Industries, Inc., 2430 N. America Drive, West Seneca, with 75 percent of the expenditure covered by the 2002 COPS MORE grant #2002CMX055 and 25 percent covered by the 2002 police equipment bond.

14.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $3103.62 to Ronlyn's Collision Service for repairs to Car #29 and $5033.73 to George's Collision, Inc. for repairs to Car #25.

On the question, Councilman Wroblewski stated that they were paying the invoice for George's Collision at this time, but should receive reimbursement from the insurance company for the vehicle that hit the town vehicle.

15.   Recreation Director re Termination of part-time employees

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate the following part-time employees effective June 1, 2003: