West Seneca Town Board Minutes 11/14/2005
Supervisor Paul T. Clark called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Boy Scout Troop #430 and Troop #1776 of St. John Vianney.
ROLL CALL: Present -
Absent - None
Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
The meeting was dedicated to the memory of Ronald C. Breidenstein and Pauline M. “Peg” Huber.
14-A MINUTES TO BE APPROVED
14-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 SPECIAL PERMIT FOR PROPERTY LOCATED AT 348 – 350 LANGNER ROAD, BEING PART OF LOT NOS. 293 & 294, CHANGING ITS CLASSIFICATION FROM M-1(S) & C-2(S) TO M-1(S) & C-2(S), FOR RECONFIGURATION OF GAS PUMPS AND SALES AREA” in the Town of West Seneca, be received and filed. (Michael Green for Delta Sonic)
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Supervisor Clark read the recommendation of the Planning Board: “At its October 19, 2005 meeting the Planning Board recommended approval of the request for a special permit for property located at 348 – 350 Langner Road, being part of Lot Nos. 293 & 294, changing its classification from M-1(S) & C-2(S) to M-1(S) & C-2(S), for reconfiguration of gas pumps and sales area, with the following stipulations: 1) an increase in the turning radius on the islands that provide access to the interior of the development and the convenience store; 2) minimal plantings on the entrance island to allow for better sight distance.”
14-B LEGAL NOTICES
Michael Green, 1662 Baxter Avenue, Alden, stated that the Delta Sonic car wash had been operating at this location since 1970, and over the years it was expanded to add gas pumps, a small convenient store, and a self-serve car wash. The current proposal called for demolishing the self-serve car wash, the convenient store, the gas islands, and 5000 square feet of the retail building. A new oil change shop, detail shop with interior cleaning, and 8000 square foot convenient store will be constructed, and there will be a waiting area inside the store for the oil change and detail shop customers. A Dunkin Donuts drive thru window will be located at the rear of the store. A new gas canopy with ten dispensers (20 fueling stations) will be constructed, and the traffic lanes will be reconfigured for the stacking of 65 to 70 vehicles.
Councilman Osmanski understood that all the buildings would have a similar look.
Mr. Green responded that the car wash will not be removed, but the façade will be updated to look like the new construction.
Supervisor Clark questioned if there was any difference in the handling of waste fluids with respect to New York State Department of Environmental Conservation (NYSDEC) regulations.
Victor O’Brien of C & S Engineers, 90 Broadway, stated that handling of the wash water would not change and it would continue to go through the sanitary sewer, but NYSDEC regulations concerning storm water now addressed the quality of water discharged from the site as well as quantity. The site was already almost 100 percent paved, and they were actually decreasing the discharge slightly. Because this was an existing site, they had submitted to the NYSDEC for a 60-day review of the water quality and hoped they would not have to change anything.
Supervisor Clark questioned the handling of fluids from the oil change operation.
Mr. Green advised that an oil separator picked up the floor drains from the oil change and detail shop and drained to the sanitary sewer.
Councilman Graber questioned the value of the project.
Mr. Green responded that the project was valued at approximately $2 million.
Mr. Greenan noted that three parcels of land were submitted with the application and he questioned which parcel required what zoning. The 1.81 acre parcel and 2.6 acre parcel currently contained the existing facilities. The application also included a 7.644 acre parcel to the south of the existing buildings where residential homes were boarded up. Mr. Greenan questioned what zoning was required for that piece of property.
Mr. Green responded that the 1.81 acre parcel was the site of the current Delta Sonic and they would be taking a portion of the next parcel and dividing it. One of the lots will be used for Delta Sonic, one for the storage, and Mr. Green was not certain what the third lot would be used for.
Mr. Greenan stated that the last parcel was 7.644 acres and he wanted the board members to be aware of its size and that it was part of the current application. He questioned how Code Enforcement Officer William Czuprynski had considered the 7.644 acre parcel when calculating the required bulk area and side yards.
Councilman Osmanski noted that according to the plans, nothing was being done with that parcel other than demolishing the existing residential structures. He questioned what affect it would have on the application if they were to delete the 7.644 acre parcel.
14-B LEGAL NOTICES
Mr. Czuprynski responded that the proposal as submitted would still be fine without including the 7.644 acre parcel. The parcel was zoned M-1(S) and he thought that was because of the old gas tanks that were located there. This was formerly a substation for transfer of gas and oil. The second phase of the project called for the storage buildings to be continued down to the end of the property along the southwest side. The M-1 zoning was appropriate for that use without a special permit.
Mr. Green noted that a small portion of the 7.644 acre parcel was required for the project and he point the area out on the survey.
Mr. Greenan suggested eliminating the area to the south of the existing storage facility from the special permit application.
Karen Lucachick, 61 Greenmeadow Drive, questioned if the area where the residential homes were located was part of the special permit application.
Mr. Greenan stated that the houses were not part of the current application; however, they could be part of the expanded storage facilities in the future.
Mrs. Lucachick questioned how close the storage facilities would come to any of the existing homes on Langner Road.
Supervisor Clark responded that the Town Board was not aware of the expanded storage facility plans and it was not part of the current application. The property was zoned M-1, so it would not need Town Board approval.
Mrs. Lucachick requested clarification on the location of the driveways and the Dunkin Donuts, and Mr. Green pointed this out on the site plan.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Bove, to grant the request for a special permit for property located at 348 – 350 Langner Road, being part of Lot Nos. 293 & 294, changing its classification from M-1(S) & C-2(S) to M-1(S) & C-2(S), for reconfiguration of gas pumps and sales area, noting that Lot No. 337 and the southerly 127 feet of Lot No. 293 is excluded from this application.
On the question, Supervisor Clark thanked the representatives from Delta Sonic for their professional presentation and appreciated the additional investment in the Town of West Seneca.
14-B LEGAL NOTICES
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION, AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID SERIAL BONDS, IN AN AMOUNT NOT TO EXCEED $2,388,000, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL GRANTS RECEIVED, WITH THE PROCEEDS FROM THE SALE OF THE OBLIGATIONS TO BE USED FOR THE SPECIFIC PURPOSE OF THE CONSTRUCTION AND RECONSTRUCTION OF VARIOUS ROADS WITHIN THE TOWN, INCLUDING BUT NOT LIMTIED TO, DAVIS ROAD, ERWIN ROAD, BRADWOOD ROAD, AND CAMBRIDGE AVENUE, AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH, INCLUDING ALL PRELIIMINARY WORK AND NECESSARY EQUIPMENT, MATERIALS AND SITE WORK AND ALL PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO” in the Town of West Seneca, received and filed.
3. Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID SERIAL BONDS, IN AN AAMOUNT NOT TO EXCEED $655,000, FOR THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF WATER DISTRICT NO. 1” in the Town of West Seneca, received and filed.
1. Supervisor Clark re Reappointment of William Bond to Zoning Board of Appeals
Motion by Councilman Osmanski, seconded by Councilman Graber, to reappoint William H. Bond to a five-year term on the Zoning Board of Appeals effective November 23, 2005 through November 23, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2. Town Attorney re Public hearing & request for Lead Agency status for Town Comprehensive Plan
Motion by Councilman Osmanski, seconded by Councilman Hicks, to schedule a public hearing for January 9, 2006 at 7:00 P.M. for adoption of the Comprehensive Plan and request Lead Agency status for purposes of SEQR.
3. Town Attorney re Computer Consulting Agreement
Motion by Councilman Hicks, seconded by Supervisor Clark, to enter into a computer consulting agreement with Dualex Office Products at a cost of $4890.
On the question, Town Attorney Timothy Greenan advised that the agreement provided for an assessment of the town’s current computer network, hardware and software; review of the current e-mail and internet configurations; a recommendation of urgent corrections to the system; and a plan for some short term solutions and long term solutions that will decrease the cost while increasing the safety, efficiency and security of the town’s technology services. A final report will be submitted to the Town Board on January 23, 2006.
4. Town Engineer re Revised Niagara Mohawk Service agreement
Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the revised Niagara Mohawk Service Agreement that standardizes the accounting and billing practices used by Niagara Mohawk with all their street lighting customers and includes no fee increases and authorize the Supervisor to sign the agreement forms.
5. Town Engineer re Purchases requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize payment of $3000 to Duke’s Sales & Service Inc. for root control solution and $7935.98 to Nichols, Long & Moore Construction for sewer repairs.
6. Highway Supt. re Purchase requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1734.45 to Fox Equipment Corporation for a new tractor engine.
Supervisor Clark abstained from voting on this motion because Fox Equipment Corporation was a client of an accounting firm that he had a financial interest in.
7. Chief Gehen re Military leave of absence for Officer James Gibbons
Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a military leave of absence to Officer James M. Gibbons effective December 1, 2005 for a period of up to twelve consecutive months and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Chief Gehen re Bid award for police motorcycle
Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for a 2006 Harley Davidson police motorcycle to Buffalo Harley Davidson Inc., 4220 Bailey Avenue, Amherst, NY 14226 at their bid of $10,000 plus trade-in of the old 1996 motorcycle currently in service.
On the question, Councilman Bove questioned the trade-in value of the 1996 motorcycle.
Chief Gehen responded that the trade-in value was $7300.
9. Town Clerk re Refund of Zoning Board application fee
Motion by Councilman Osmanski, seconded by Councilman Bove, to approve a refund of the $100 filing fee on the Zoning Board application filed by Patricia Maltby.
10. Code Enforcement Officer re Topsoil removal at Upstate Milk on North America Drive
Motion by Councilman Osmanski, seconded by Councilman Bove, to issue a topsoil removal permit at a cost of $400 to Ingalls Site Development for removal of 600 cubic yards of topsoil from Upstate Milk located at 3300 North America Drive.
11. Recreation Director re Termination of C. Koehler & reappointment of J. Peters as Rec. Attendant
Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate part-time Recreation Attendant Christopher Koehler and part-time Recreation Lifeguard Jennifer Peters effective September 25, 2005 and appoint Jennifer Peters as part-time seasonal Recreation Attendant, Step 4, at a rate of $6.20 per hour effective September 25, 2005 through May 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Recreation Director re Termination of J. Albarella as Rec. Attendant & appointment of D. Both-Kim
Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Jacob Albarella as part-time Recreation Attendant effective November 7, 2005 and appoint Dawn Both-Kim as part-time Recreation Attendant, Step 1, at a rate of $6.00 per hour to work in the Youth Theatre program effective November 14, 2005 through May 31, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Recreation Director re Purchase requiring Town Board approval
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $8749 to the West Seneca Youth Baseball Association for umpire fees.
14. Senior Citizens Supervisor re Rate increase for part-time Van Driver Donald Bebak
Motion by Councilman Osmanski, seconded by Councilman Bove, to grant a rate increase to $8.40 per hour for part-time Van Driver Donald Bebak effective October 9, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Bebak completed the 5400 hours of service necessary for this increase.
15. Youth Director re Budget transfer request
Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve budgetary transfer request of $13,305 from Account #01.7311.0139 Salary of part-time Secretary to Account #01.7311.0200 Equipment to fund the purchase of the YES van as authorized by the Town Board on July 11, 2005.
14-E DEPARTMENTAL PRESENTATIONS
Town Clerk Patricia C. DePasquale explained the duties and responsibilities of the Town Clerk, Registrar of Vital Statistics, and Records Management Officer, and also noted that her office was now a passport acceptance agency.
ISSUES OF THE PUBLIC
STATUS OF ICE RETENTION STRUCTURE
Jane Kester, 60 East & West Road, questioned the status of the ice retention structure.
Councilman Hicks responded that the ice retention structure should be completed shortly.
SUGGESTION TO OUTSOURCE GARBAGE COLLECTION
Jane Kester, 60 East & West Road, referred to the 2006 budget that was recently adopted and the cost of salaries, hospitalization, and Workmen’s Compensation for garbage collection. Mrs. Kester suggested researching the possibility of outsourcing this service to save money. She noted that a friend living in Maryland only paid $232 annually for garbage pick up.
Councilman Graber thought that the cost in West Seneca for garbage pickup was even less than that.
Councilman Osmanski stated that in the Town of Hamburg every homeowner bid separately with the waste companies. The Town of Hamburg had suggested that the town receive bids for private pickup on a town wide basis so one waste management company would handle the entire town, but the residents did not want government getting involved in garbage pick up.
Supervisor Clark stated that the Town of West Seneca had premium grade service with regard to garbage pick up. They could offer less service and try to further consolidate, but residents were not really requesting that. The residents seemed to like being able to set anything out for the garbage each week and have it picked up. Supervisor Clark stated that they checked the figures occasionally and the total cost of the department divided by the number of stops was still fairly competitive with the private sector. Although the pension costs and union negotiated health insurance was a little more, the town had the advantage of buying things tax exempt. The private contractors also had to contend with Worker’s Compensation and other expenses. The Town of West Seneca had also been very actively keeping solid waste costs down, including very aggressive litigation to get rock bottom carting rates at the landfill.
ISSUES OF THE PUBLIC
SUGGESTION TO OUTSOURCE GARBAGE COLLECTION (continued)
Mrs. Kester questioned the last time that someone had compared the pricing for garbage pick up.
Supervisor Clark responded that Comptroller Charles Koller had done calculations two years ago and prices had not changed much since then. They would probably do more calculations next year. Supervisor Clark did not recall the cost difference the last time they had done a comparison, but he suggested that Mrs. Kester contact him for this information.
Councilman Graber commented that he receives many comments from taxpayers stating that they are happy with the garbage service and would like to see it maintained.
Councilman Osmanski noted that the Town Board had a fiduciary responsibility to review all costs and compare them against any other options and they would continue to do so.
Frank Boncore, 250 Heather Hill Drive, stated that he was an officer in AFSCME and the information requested was available at their office on Delaware Avenue in Buffalo. Consistently throughout the country when sanitation pick up was privatized, there was cost savings in the first year or two. However, once the towns sold their equipment the price would go up.
AGENDA PROCEDURE QUESTIONED
Kevin McDonald, Brookside Drive, questioned the procedure for placing an item on the Town Board agenda.
Supervisor Clark responded that the only items eligible for placement on the Town Board agenda were those generated by the Town Attorney’s Office or department heads. Any member of the public was welcome to address the Town Board under “Issues of the Public.”
Town Attorney Timothy Greenan advised that under New York State Town Law the agenda and action of town government was governed by action of the Town Board members who were elected representatives of the people. Mr. McDonald could ask one of the board members or the board as a whole to submit a resolution on his behalf.
Councilman Osmanski noted that although Mr. McDonald’s intentions were probably reasonable, others might bog down government by continually putting frivolous items on the agenda for the board members to vote on.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
PROPERTY MAINTENANCE ISSUE ON SENECA STREET
Councilman Hicks referred to Code Enforcement Officer William Czuprynski a garage at 2845 Seneca Street and asked that he investigate the debris at the rear of the property along the fence and report back.
STATUS CHANGE FOR PART-TIME PUBLIC SAFETY DISPATCHERS TO SEASONAL
Motion by Councilman Hicks, seconded by Supervisor Clark, to change the status of part-time Public Safety Dispatchers Michael Rybak and David Steinwandel to part-time seasonal effective November 1 – 30, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
EASEMENTS FOR GASLIGHT CONVERSION PROJECT
Motion by Councilman Graber, seconded by Councilman Osmanski, to authorize Supervisor Paul T. Clark to sign the legal agreements associated with the easements between the Town of West Seneca and various property owners relative to the gaslight conversion project.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:00 P.M.
PATRICIA C. DEPASQUALE, RMC/CMC