11-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 FOR PROPERTY LOCATED AT 49 EMPORIUM AVENUE, BEING PART OF LOT NO. 133, CHANGING ITS CLASSIFICATION FROM R-50 TO C-2, FOR STORAGE OF LANDSCAPE EQUIPMENT" in the Town of West Seneca, be received and filed.           (Karen L. Wheeler/Mark A. Caligiuri/Alan M. Giuntia)

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 May 21, 2003 meeting, the Planning Board recommended denial of the request for a rezoning for property located at 49 Emporium Avenue, being part of Lot No. 133, changing its classification from R-50 to C-2, for storage of landscape equipment."

None of the petitioners were present at the meeting.

Donna Grunder, 57 Emporium Avenue, stated that she lives next to the property at 49 Emporium Avenue and she moved there 17 years ago because it was a dead end street. They had noise from the NYS Thruway to deal with, but that issue was resolved. Mrs. Grunder did not believe the property should be rezoned to commercial. She did not want to see a lot of trucks on the street and commented on the number of children in the neighborhood. Mrs. Grunder wanted to keep Emporium Avenue a quiet residential street.

Councilman Hicks questioned if Mrs. Grunder knew the owner of the property at 49 Emporium Avenue and what was currently stored in the garage.

Mrs. Grunder responded that she knew the owner and he stored a couple of cars in the garage.

11-B    LEGAL NOTICES

1.    (continued)

Dan Wiertel, 129 Aurora Avenue, stated that he owned property at 69 Emporium Avenue, and it was an old neighborhood, but nice looking. He did not believe it was a good idea to change the zoning in a residential neighborhood to commercial. Although the petitioners only wanted to store lawn mowers, if the property were rezoned to commercial they could store larger trucks and equipment that would not be conducive to a residential neighborhood.

Catherine Garry, 68 Emporium Avenue, agreed with the previous comments and stated that she did not want to see the neighborhood become commercial. There were no sidewalks or curbs on Emporium Avenue, and she thought there would be a lot of mud brought down the street from the trucks going in and out of the property.

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

Motion by Councilman Osmanski, seconded by Councilman Graber, to deny the request for a rezoning for property located at 49 Emporium Avenue, being part of Lot No. 133, changing its classification from R-50 to C-2, for storage of landscape equipment.

On the question, Councilman Osmanski stated that usually when someone applied for a rezoning there was some redeeming quality about it, though there might be mitigating factors on the negative side. He did not see any possible reason why the Town Board would even consider approval of the proposed rezoning. The property was located on a dead end street in the middle of a residential area and it did not make any sense to him to rezone it to commercial.

Councilman Hicks stated that he had visited this site prior to the meeting and noted that there was no sidewalk or driveway on the property. It was a beautiful lot and he saw no reason to destroy it by storing landscape equipment there.

Councilman Graber commented that spot zoning was detrimental to a community, and he thought someone would eventually purchase this lot and build a residential home on it.

11-C   COMMUNICATIONS

1.   Supervisor Clark re St. John Vianney Church 3rd Annual 5K Run

Motion by Councilman Osmanski, seconded by Supervisor Clark, to grant permission for St. John Vianney Church to hold their 3rd Annual 5K Run on Thursday, July 24, 2003 at 6:30 P.M. on designated streets in the Town of West Seneca.

2.   Supervisor Clark re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1702 to the West Seneca Veteran's Committee for expenses for the Memorial Day celebration.

3.   Councilman Graber re Purchase requiring Town Board approval

Motion by Councilman Graber, seconded by Councilman Osmanski, to authorize payment of $10,300 to Siemens Building Technology for the next annual installment on the 10-year energy management program effective May 1, 2003 - April 30, 2004.

11-C    COMMUNICATIONS

On the question, Councilman Graber noted that this was the first reconciliation associated with the 10-year energy management program. When Siemens did an analysis throughout the town buildings, they guaranteed a savings of $80,547 per year in reduced energy costs if various facility improvement measures were implemented. Actual savings the first year was $81,692. Energy efficient lighting was installed throughout along with night setback wherein the heating and cooling settings were automatically lowered when no one was at work. The use of natural gas was also dramatically decreased, but that was not even part of the above noted savings. Councilman Graber figured that the actual savings to the town in energy costs was nearly $100,000. This savings enabled the town to purchase the equipment, lighting, controllers, etc. so they could save the money, and after 10 years the town would be free and clear. There would be a reconciliation each year to prove that the guarantee was met.

4.   Town Engineer re Bid award for Union Road Lift Station Replacement Project

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for the Union Road Lift Station Replacement Project, Job No. U-0305, to Nottingham Builders LTD., 2818 Harlem Road, Cheektowaga, NY 14225 at their low unit-item contract amount of $135,455 and authorize the Supervisor to sign the contract documents.

5.   Town Engineer re 2002 Sanitary Sewer Rehabilitation Project, final change order & acceptance

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve final change order #1 for United Survey, Inc., 25145 Broadway Avenue, Cleveland, OH 44146 for a net addition of $4484 and accept the 2002 Sanitary Sewer Rehabilitation Project, Job No. S-0201, at a final contract amount of $329,454.

6.   Town Engineer re Proposals to install pump #3 at Plant 6

Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the installation of pump #3 work at Plant 6 to John L. Peterson Plumbing & Heating Inc., 7209 Heinrich Road, Hamburg, NY 14075, at their low proposal amount of $11,991.

7.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3101.50 to John L. Peterson for a check valve at Plant 6.

8.   Highway Supt. re Termination of A. Turner, E. Czyrny & K. Bojanowski as part-time laborers

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Aaron Turner; Edward Czyrny; and Keith Bojanowski as part-time seasonal laborers effective June 23, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11-C    COMMUNICATIONS

9.   Highway Supt. re Appointment of K. Dietrich, K. Doering & J. Kennedy as part-time seasonal laborers

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Kevin Dietrich; Kathy Doering; and Joseph Kennedy as part-time seasonal laborers in the Highway Department effective June 23 - 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.

10.   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:

Buffalo Truck Center, Inc. (truck repairs)             $   3986.21

Lakeside Sod (supplies for ball diamonds)             $   1825.00

Miracle Recreation (6 park benches & 1 swing frame)             $   3223.27

Highway Rehab. Corp. (heater-scarification of town roads)           $  59,561.52

11.   Chief Gehen re Termination of Lori Brautlacht as Police Matron & part-time Crossing Guard

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Lori Brautlacht and terminate her as Police Matron and part-time Crossing Guard effective June 6, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $1836.36 to Ammunition Accessories, Inc. for ammunition and $1833 to Synchronet Industries for a Hewlett Packard print server and support services.

13.   Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2705 to Brown's River Bindery, Inc. for treatment and rebinding of vital record books as follows: Births 1932-37; 1938-63 & Deaths 1932-37.

14.   Recreation Director re Status change for Helen Peacock & Sarah Renkas to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Clerk Helen Peacock and part-time Recreation Attendant Sarah Renkas to part-time seasonal effective June 23 - September 16, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11-C    COMMUNICATIONS

15.   Recreation Director re Termination & appointment of part-time seasonal employees

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

and further, appoint the following as part-time seasonal employees effective June 1 - September 16, 2003: