West Seneca Town Board Minutes 12/12/2005
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. 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 Samuel A. Giambra II, James “Pooie” Penders and Andrew Martin Gage, M.D. 16-A MINUTES TO BE APPROVED
16-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 SPECIAL PERMIT FOR PROPERTY LOCATED AT 3502 CLINTON STREET, BEING PART OF LOT NO. 38, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR SALE OF GASOLINE” in the Town of West Seneca, be received and filed. (David J. Galbo, R.A.)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its November 16, 2005 meeting, the Planning Board recommended approval of the request for a special permit for property located at 3502 Clinton Street, being part of Lot No. 38, changing its classification from C-2 to C-2(S), for sale of gasoline, not including the repair or servicing of motor vehicles, and for use of the current building as a convenient store.” David Galbo of Galbo Architects, 1701 Hertel Avenue, Buffalo, stated that Mr. Pudi and Mr. Singh purchased 3502 Clinton Street from the Sunoco Corporation and will have a 10-year lease with Sunoco to sell their gasoline. The building will be converted to a convenient store and Mr. Pudi and Mr. Singh will operate the store. Supervisor Clark questioned if the previous gas station had not already been converted to a convenient store. Mr. Galbo responded that there had been juice, pop, etc. for sale in the retail area, but the bays were used as a regional office for Sunoco. No comments were received from the public. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
16-B LEGAL NOTICES 1. (continued) Motion by Supervisor Clark, seconded by Councilman Graber, to approve the request for special permit for property located at 3502 Clinton Street, being part of Lot No. 38, changing its classification from C-2 to C-2(S), for sale of gasoline, not including the repair, servicing or storing of motor vehicles, and for use of the current building as a convenient store.
*APPENDICES* 2. 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 150 GEMCOR DRIVE, BEING PART OF LOT NOS. 79, 80, 83, 84 & 87, CHANGING ITS CLASSIFICATION FROM M-2 TO M-2(S), FOR AN ASPHALT PROCESSING FACILITY” in the Town of West Seneca, be received and filed. (150 Gemcor LLC)
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its November 16, 2005 meeting, the Planning Board recommended approval of the request for a special permit for property located at 150 Gemcor Drive, being part of Lot Nos. 79, 80, 83, 84 & 87, changing its classification from M-2 to M-2(S), for an asphalt processing facility, with the following stipulations: 1) access to the property from the public road to the plant shall be paved with a blacktop pavement H-20 loading; 2) no aggregate washing on site; 3) receipt of permits for air, water and wetlands from the NYSDEC; 4) issuance of a Negative Declaration from the Town Board; 5) capacity of plant is limited to 4-ton.” Mr. Greenan noted that this was an existing asphalt processing plant that had been issued a special permit; however, the operation was discontinued for more than one year so the special permit was removed. Attorney John Garas, 5500 Main Street, Williamsville, represented the applicant, Robert Hill, Principal of 150 Gemcor LLC., and stated that Mr. Hill had a contract to purchase the property at 150 Gemcor Drive. All the back taxes would be paid upon completion of the sale and Mr. Hill would not be seeking any real property tax abatements or benefits from an industrial development agency. He was not proposing any physical changes to the site and agreed with all the conditions recommended by the Planning Board. Councilman Osmanski noted that the environmental assessment form indicated that no further environmental permitting was required and he questioned if this was true. Mr. Garas responded that the property required an air permit from the New York State Department of Environmental Conservation (NYSDEC) and this was already in existence from the previous owner and had not lapsed. He was unaware of any other requirements, but they would obtain anything that was necessary. Mr. Garas referred to the Planning Board’s mention of wetlands on the site and stated that he was not aware of any wetlands and was not proposing to impact the site in any way. They would not be making any changes to the site. Mr. Greenan stated that in reviewing the plans submitted, they did not indicate that any wetlands or other approvals were necessary. Councilman Osmanski referred to the question at the Planning Board meeting regarding the railroad and questioned if it had been determined who owned the railroad property.
16-B LEGAL NOTICES 2. (continued) Mr. Hill responded that Norfolk Southern owned the railroad property and he would not have any right to use that property. The stipulation placed on the previous owner concerning use of that property was not impossible, but Mr. Hill did not want to commit to that. Councilman Osmanski noted that when the previous special permit was granted there were a number of conditions that were contingent on some of the other properties owned by the applicant. The concrete recycling plant across the street was one of the properties and Mr. Hill was interested in continuing that operation that was somewhat integral to the asphalt plant. However, it was left out of the recommendation because it was a separate property. Councilman Osmanski questioned if this would be part of the operation. Mr. Garas responded that the concrete recycling plant was not any part of what was being proposed. Mr. Hill had a contract for purchase of that property located at 1655 Union Road, but it was not integral to the operation of the asphalt processing facility. Mr. Garas understood that the main reason Mr. Hill was interested in the property was that it could be useful in the future, and he did intend to clean it up. He further noted that the former operator of 150 Gemcor Drive had no interest in the new operator of this site. Supervisor Clark stated that Mr. Hill did not intend to change the engineering or odor emissions from the basic plant. Mr. Garas stated that Mr. Greenan had contacted him and recommended an additional condition that Mr. Hill or an entity controlled by him acquire title to the property within a year and he would agreed to that condition. Councilman Osmanski noted that the capacity of the plant was 4-ton. At peak capacity this amounted to 250 ton per hour and 12 to 14 20-ton trucks per hour. Frank Russo, Parkside Drive, questioned where the access road would be located. Mr. Hill responded that the access road would be from Gemcor Drive off of Union Road. 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 the SEQR for 150 Gemcor Drive for an asphalt processing facility.
Motion by Supervisor Clark, seconded by Councilman Graber, to approve the request for a special permit for property located at 150 Gemcor Drive, being part of Lot Nos. 79, 80, 83, 84 & 87, changing its classification from M-2 to M-2(S), for an asphalt processing facility conditioned upon acquisition of fee title to the subject premises by Robert Hill or by an entity controlled by him on or before December 1, 2006 and with the following stipulations: 1) access to the property from the public road to the plant shall be paved with a blacktop pavement H-20 loading; 2) no aggregate washing on site; 3) capacity of plant is limited to 4-ton per batch. On the question, Supervisor Clark commented that Mr. Hill was a very solid and reputable member of the business community in West Seneca and Western New York. He was comfortable that Mr. Hill would run a good operation and clean up the property as much as possible. Supervisor Clark had also spoken with Ebenezer Railcar and they had no problem with Mr. Hill or his proposal.
16-B LEGAL NOTICES 2. (continued) Councilman Osmanski noted that Mr. Hill’s company, Union Concrete Construction, was one of the premier contractors in Western New York. They always did an excellent job and had an outstanding reputation throughout the construction industry. Councilman Osmanski stated that he was privileged to have Mr. Hill in West Seneca and hoped that he would make the best of what had become a sorry point for the town.
*APPENDICES* 16-C COMMUNICATIONS 1. Town Attorney re Erie County Department of Senior Services van contract Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the Supervisor to sign the 2006 Erie County Department of Senior Services Van Contract.
2. Town Engineer re WNY Stormwater Coalition Memorandum of Agreement Motion by Councilman Osmanski, seconded by Councilman Graber, to approve and authorize the Supervisor to sign the Memorandum of Agreement allowing the Town of West Seneca to maintain membership in the Western New York Stormwater Coalition, noting that the participation fee in the coalition is $2500 per MS4 per year.
3. Town Engineer re Plant 6 Pump Replacement Project, final acceptance Motion by Councilman Osmanski, seconded by Supervisor Clark, to accept the Plant 6 Pump Replacement Project, Job No. P-0302, completed by Kandey Company Inc., 19 Ransier Drive, West Seneca, at a final contract amount of $163,464.80.
4. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Highway Department:
16-C COMMUNICATIONS 5. Chief Gehen re Retirement of Detective Richard Graff Motion by Councilman Osmanski, seconded by Supervisor Clark, to accept the retirement of Detective Richard Graff and terminate him effective January 8, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Graff is retiring after serving the West Seneca community for more than 30 years.
6. Chief Gehen re Retirement of Detective Kevin Kausner Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the retirement of Detective Kevin Kausner and terminate him effective January 15, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Kausner is retiring after serving the West Seneca community for more than 32 years.
7. Chief Gehen re Appointment of Robert Bebak as Detective Temporary Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a leave of absence to Robert Bebak as Police Officer effective January 7, 2006 and appoint Robert Bebak as Detective Temporary effective January 8, 2006 at an annual salary of $63,838.04 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
8. Chief Gehen re Attendance of Capt. Fallon & Det. McMahon at ASLET Conference Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Captain Larry Fallon and Detective Mark McMahon to attend the ASLET (American Society for Law Enforcement Training) Conference in Albuquerque, NM, January 16 – 21, 2006 at a cost not to exceed $3304.
9. Chief Gehen re Attendance of Officers Cosgrove & Coia at DARE Instructor seminar Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Patrol Officers Brian Cosgrove and Jeff Coia to attend the D.A.R.E. Instructor Seminar in Liverpool, NY, January 16 – 27, 2006 at a cost not to exceed $825.
10. Chief Gehen re Purchase of gunbelt holsters Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize the purchase of fifty (50) Alessi police gunbelt holsters from Alessi Holsters Inc., 2465 Niagara Falls Blvd., Amherst, NY 14228, at a cost of $138 each for a total cost of $6900.
16-C COMMUNICATIONS 11. Chief Gehen re Purchase of in-car video systems Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of two (2) Digital Eyewitness media vault in-car video systems with DVD, overhead console and 900 mhz audio transmitters with in-car microphones for a cost of $4040 each including shipping and handling for a total cost of $8080 from Kustom Signals, Inc., 9325 Pflumm, Lenexa, Kansas 66215-3347, noting that Kustom Signals is the sole source provider for the Eyewitness video system and this purchase will continue with the replacement of the older in-car video systems that are experiencing various mechanical breakdowns and failures.
12. Chief Gehen re Purchase of radar units. Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the purchase of five (5) Genesis II Select Ka-Band, single antenna radar units at the New York State contract price of $1631.66 each, plus shipping of $50 and minus $1500 for trade-in of old units for a total cost of $6658.30 from Decatur Electronics, 715 Bright Street, Decatur, IL 62522.
13. Chief Gehen re Budgetary transfer request Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer request of $3000 from Acct. #01.3120.0211 Dispatch Equip. to Acct. #01.3120.0210 Various Police Equip.
14. Chief Gehen re Status change for Public Safety Dispatchers Rybak & Jarka to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatchers Michael Rybak and Edward Jarka to part-time seasonal effective December 1 – 31, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Recreation Supervisor re Status change for part-time personnel to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Bove, to change the status of the following part-time personnel at the Senior Citizens Center to part-time seasonal effective January 3 – June 2, 2006: Judy Seitz, Food Service Helper and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16-C COMMUNICATIONS 16. Recreation Director re Termination of Cameron Bosinski as part-time Recreation Attendant Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Cameron Bosinski as part-time Recreation Attendant effective September 25, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Recreation Director re Appointment of Jessica Boersma as part-time Lifeguard Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Jessica Boersma as part-time Lifeguard, Step 1, at a rate of $6 per hour effective December 13, 2005 through June 16, 2006 to work with the West Seneca Competitive Swim Team (The Sharks) and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
16-D REPORTS 16-E DEPARTMENTAL PRESENTATIONS Auxiliary Police Officer Melvin Borkowsky gave a brief history of the Auxiliary Police, commented on the various activities they served at, and explained the process for applying to become an Auxiliary Police Officer. ISSUES OF THE PUBLIC SOCCER COMPLEX ISSUES Frank Russo, Parkside Drive, represented the Southgate Homeowner’s Association and referred to the Seneca Street Soccer Complex and the lack of lease payments to the town. The amount due for 2005 was $128,500 but only $15,114 was paid to the town to date. Of the $15,114 approximately $11,550 was registration fees that went directly to the town, so the Soccer Association had only paid about $3500 to the town this year. Mr. Russo thought that West Seneca taxpayers were being ripped off because they had to pay for the bond issue that the Soccer Association was supposed to pay. He hoped that changes would be made in the new year. Councilman Osmanski had told one of the neighbors that he wanted to form a committee to approve activities at the soccer park, but Mr. Russo did not believe that a committee was necessary because the only activities that were supposed to take place at the park were West Seneca Youth Soccer (House & Travel), green space, and a walking path for the residents of the town. Councilman Hicks responded that the board members had met with the Southgate Homeowner’s Association regarding this matter and had told the residents that they would address the problem and would have an answer by the end of January 2006. They were awaiting additional information from the Soccer Association with regard to numbers so they could make a decision on what to do.
ISSUES OF THE PUBLIC SOCCER COMPLEX ISSUES (continued) Councilman Osmanski responded to Mr. Russo’s comment about the formation of a committee. He stated that quality of life was a big issue with the residents surrounding the soccer park and they had some scheduling with games being played on the fields along the berm on weekends. The Soccer Association had suggested that a scheduling committee be formed to discuss where and when the games would be played so the residents could review this and have some input. OPPOSITION TO THREE-MINUTE RULE AT TOWN BOARD MEETINGS Dale Clarke, 379 Indian Church Road, opposed the three-minute rule for the Town Board meetings and did not believe it was democratic. Mr. Clarke did not believe it was fair to the public to stop them when they were trying to explain a problem to the Town Board. Supervisor Clark responded that there was a lot of interaction that took place between board members and the residents and Town Board meetings were only one forum. He thought it was good that residents came to discuss problems with them, but noted that not everything could be answered immediately. Also, he did not consider some of the comments made by Mr. Clarke to be reasonable in either tone or subject matter, and these types of comments he would not answer. RESIDENT THANKS COUNCILMAN OSMANSKI Raymond Eldermayer III, 1325 Indian Church Road, thanked Councilman Osmanski for responding to his e-mail regarding some sidewalks in town. The response was e-mailed at 12:01 A.M. and Mr. Eldermayer appreciated that Councilman Osmanski was awake at that hour taking care of problems. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PAYMENT FOR CONCRETE WORK AT SENIOR CITIZENS CENTER Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $8935 to B & W Custom Concrete for sidewalk and curb repairs at the West Seneca Senior Citizens Center.
CAMBRIDGE AVENUE RECONSTRUCTION PROJECT, CHANGE ORDER #1 Motion by Councilman Graber, seconded by Councilman Hicks, to approve Change Order No. 1 for Occhino Corporation, 2650 Seneca Street, West Seneca, in the amount of $2543.47 for performing various items of extra work on the Cambridge Avenue Reconstruction Project, Job No. C-0502.
Supervisor Clark abstained from voting on this item because Occhino Corporation was a client of an accounting firm that he had a financial interest in.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF SUSAN HASSINGER TO BOARD OF ASSESSMENT REVIEW Motion by Councilman Bove, seconded by Councilman Hicks, to appoint Susan Hassinger to the Board of Assessment Review for a five-year term effective December 13, 2005 through September 30, 2010. On the question, Motion by Councilman Osmanski, seconded by Supervisor Clark, to reappoint Anna Marie Falkner to the Board of Assessment Review for a five-year term expiring September 30, 2010. On the question, Councilman Osmanski stated that Mrs. Falkner is a long-time resident of West Seneca, is highly respected in this field, and served admirably in her first five-year term on the Board of Assessment Review.
On the question of the original motion, Councilman Bove stated that Susan Hassinger had exceptional professional and personal characteristics and her credentials were outstanding. She graduated from Syracuse University Law School and was an attorney for 20 years with experience in real estate. Councilman Bove commented that her experience and knowledge would be a tremendous asset to the community.
APPOINTMENT OF ROBERTA VALLONE TO W. S. ENVIRONMENTAL COMMISSION Motion by Councilman Bove, seconded by Councilman Hicks, to appoint Roberta Vallone to the West Seneca Environmental Commission. On the question, Councilman Bove stated that Ms. Vallone was a professor at the University of Buffalo and an attorney that worked in environmental law. Councilman Bove was happy that Ms. Vallone had volunteered for the Environmental Commission and commented that she had tremendous experience and knowledge of the environment and would be an asset to the community. Councilman Osmanski stated that he had known Ms. Vallone for almost 30 years, both privately and professionally. She was an outstanding individual, was highly regarded in her field, and very committed to the environment and West Seneca. Ms. Vallone served on the West Seneca Technical Advisory Committee in the past and did an outstanding job, and he looked forward to her service on the Environmental Commission.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS TOWN BOARD MEETINGS SCHEDULED Supervisor Clark announced the Town Board meetings scheduled for the first quarter of 2006 as follows:
ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:00 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |