West Seneca Town Board Meeting Minutes 12/01/2008
Supervisor Wallace C. Piotrowski 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 Piotrowski 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 Phyllis Clohessy and Robert Blake. 20-A MINUTES TO BE APPROVED
On the question, Councilwoman Meegan referred to Page two, Revenue, Fitness Consultant, and stated that this was the salary and it should be a minus rather than a plus. Councilwoman Bove noted that this was just a change in departments. Previously the Fitness Consultant was paid from the Recreation budget, but she would now be paid from the Senior Citizens budget.
20-B LEGAL NOTICES 1. Motion by Councilman Graber, seconded by Councilwoman Meegan, 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 2880 TRANSIT ROAD, BEING PART OF LOT NO. 350, CHANGING ITS CLASSIFICATION FROM R-90A TO C-1(S), FOR CONSTRUCTION OF A TWO-STORY, 49-UNIT SENIOR HOUSING FACILITY” in the Town of West Seneca, be received and filed. (Young Development, Inc.)
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Supervisor Piotrowski read the recommendation of the Planning Board: “At its November 13, 2008 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 2880 Transit Road, being part of Lot No. 350, changing its classification from R-90A to C-1(S), for construction of a two-story, 49-unit senior housing facility in general conformance with the plan dated October 28, 2008. The Planning Board further considered the various SEQR issues as outlined by Planning Consultant Andrew Reilly and found no SEQR problems with the proposed project.”
20-B LEGAL NOTICES 1. (continued) Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, Young Development LLC, and presented their proposal to construct a two-story, 49 unit senior housing facility on a 3.68 acre parcel at the corner of Transit Road and Schultz Road. The original proposal was for 53 units, but after discussions with the Planning Board and residents it was reduced to 49 units. The units will be 670 square feet with fair market rents. Mr. Lorigo noted that a typical apartment was 900 to 1100 square feet, so these units would be much smaller. The property to the north was zoned commercial and included a day care center, Carpet Castle, and Bank of America, and the depth of those properties was the same as the proposed site, but the western portion of this site was zoned residential. Mr. Lorigo stated that he had discussions with the adjoining property owner at 350 Schultz Road and the project proposed at this meeting was a modified version of what was presented to the Planning Board. The project was modified to address the concerns of the Planning Board members and the surrounding neighbors. Besides reducing the number of units to 49, the project was moved closer to Transit Road to create a larger buffer along the west lot line. The drainage ditch had not been maintained and created a lot of problems for the neighbors, so Mr. Young proposed an underground detention pond to address the water problem. Mr. Lorigo stated that the project met or exceeded all town requirements with the exception of density, but density would always be an issue with a senior project. The proposed density was 64.4 percent of what was required under the current Town Code. Mr. Lorigo referred to other projects within the town that were approved at lesser densities, such as the 107-unit senior citizens project on 5.68 acres at 2341 Union Road. That project with a density of 45 percent was previously approved by the Town Board. The project at 2244 Union Road was also approved for 112 units with a density of 51 percent. Mr. Lorigo stated that the buildings will be totally sprinkled and have safety buttons throughout for the residents to utilize if needed. There would be no addition to any traffic congestion because residents of senior housing facilities typically did not travel during peak driving times. The entrance to the project was on Schultz Road and there would be no entrance on Transit Road. Mr. Lorigo stated that Mr. Young owns Seasonal Landscaping and all his apartment complexes and other projects were landscaped. The proposed project will also be well landscaped and he had agreed to add more trees to an already dense buffer on the west side of the property to satisfy the neighbor at 350 Schultz Road. Grass pavers were proposed on the north lot line to allow emergency vehicles to access the project from the Bank of America parking lot. A fire hydrant was added within the project on the recommendation of the volunteer fire company. Councilwoman Bove questioned the underground detention system. Mr. Lorigo stated that the underground detention system involved a series of pipes that will feed the water to the ditch. No screening was required because there would be no detention pond on the surface. This was more costly to accomplish, but it would be less unsightly and would relieve the water problem in the area. Dan Blamowski of FRA Engineering stated that the underground detention system held the same volume of water as an above ground grass detention pond. It will also be equipped with water quality manholes to clean the water before discharging it to the ditch on the west side of the property. This was regulated by the NYSDEC and the Town Engineer. Councilwoman Bove questioned why Mr. Young decided to go with the underground detention system for this project. Mr. Lorigo responded that the original proposal was for an above ground detention pond, but Mr. Young agreed to the additional expense because it would be a better project given the situation. Councilman Clarke questioned if there was any possibility of a child falling into the detention system.
20-B LEGAL NOTICES 1. (continued) Mr. Blamowski responded that the system was underground so a child could not fall into it. Amy Carpenter, Woodward Crescent, questioned the density percentage for the project. Mr. Lorigo responded that the density was 64.4 percent. Motion by Councilman Graber, seconded by Councilman Clarke, to close the public hearing.
Motion by Supervisor Piotrowski, seconded by Councilwoman Bove, to grant a rezoning and special permit for property located at 2880 Transit Road, being part of Lot No. 350, changing its classification from R-90A to C-1(S), for construction of a two-story, 49-unit senior housing facility in general conformance with the plan dated October 28, 2008.
*APPENDICES* Motion by Councilman Graber, seconded by Councilwoman Meegan, to issue a Negative Declaration with regard to SEQR for the proposed two-story, 49-unit senior housing facility at 2880 Transit Road, noting that there are no detrimental environmental impacts, the wetlands are clearly delineated and will not be impacted by the project, and the project conforms to the Comprehensive Plan delineating Transit Road as a commercial area in the Town of West Seneca.
2. Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING CONCERNING REPEAL OF THE LOCAL LAW RELATIVE TO ENVIRONMENTAL QUALITY REVIEW, CHAPTER 67 OF THE WEST SENECA TOWN CODE” in the Town of West Seneca, be received and filed.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Town Attorney Edwin Hunter stated that the town’s planning consultants had been suggesting that Chapter 67 of the Town Code concerning environmental quality review be rescinded since it is outdated. This code was more abbreviated and deficient than Article 8 of the Environmental Conservation Law that governs SEQR. There are voluminous regulations set forth in the New York Code of Rules and Regulations (NYCRR) that govern state environmental quality review and the town’s code did not address all those facets. Chapter 67 was not followed by the town for many years because they followed the state laws and regulations. Adoption of the proposed Local Law will rescind Chapter 67 of the Town Code and require only that the town look to the provisions of the Environmental Conservation Law and the SEQR as implemented by regulations set forth in Part 6 of the NYCRR. This will govern town actions concerning environmental review from this point on with no apparent confusion from the outdated code provision. Mr. Hunter stated that the Town Board would also have to adopt a negative declaration with regard to SEQR because there was no potential adverse impact to the environment by removing an outdated and unused provision.
20-B LEGAL NOTICES 2. (continued) No comments were received from the public. Motion by Councilman Graber, seconded by Councilman Clarke, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to adopt Local Law No. 4 of the year 2008 to rescind Chapter 67 of the West Seneca Town Code, Environmental Quality Review, and declare a negative declaration as it relates to this action.
*APPENDICES* 3. Proofs of publication and posting of legal notice: “OF THE ADOPTED LOCAL LAW NO. 3 OF THE YEAR 2008 ENTITLED, ‘DUMPING ORDINANCE’” in the Town of West Seneca, received and filed. 20-C TABLED ITEMS 1. Ice Rink Remediation & Rehabilitation Project Remained on the table. 2. Aviation Consultants of WNY, Inc. Motion by Councilman Graber, seconded by Supervisor Piotrowski, to remove this item from the table.
Councilwoman Bove stated that she had spoken with the President of Aviation Consultants of WNY and the engineering firm that coordinated the project for Buffalo Airfield. This project was already approved by the West Seneca Planning Board in June 2008 when it went through the site plan approval process. The current request was just to have the Town Board endorse the project so they would be eligible for state funding. Councilwoman Bove stated that the project consisted of rehabilitating the existing 6/24 runway to include asphalt milling and overlay, installation of new underdrains and drainage improvements, and replacement of the existing runway and taxiway wiring and lighting, pavement markings and signage. The lighting was not made any brighter and it worked as it did before by radio controls, so there was no impact to the environment. Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the attached resolution and State Environmental Quality Review (SEQR) forms allowing Aviation Consultants of WNY, Inc. to apply for a grant from the NYS Department of Transportation to rehabilitate, mark and light runway 6/24, including associated taxiway edge lighting, noting that adoption of this resolution in no way binds the Town of West Seneca to any approvals, permits and/or licenses that may be required by the applicant for future projects or work related to Buffalo Airfield.
*APPENDICES*
20-D COMMUNICATIONS 1. Supervisor Piotrowski re Reappointment of Robert Rigby to Board of Assessment Review Motion by Councilman Graber, seconded by Councilwoman Meegan, to reappoint Robert Rigby to the Board of Assessment Review effective October 1, 2008 through September 30, 2013.
2. Town Engineer re 2008-09 Local Government Efficiency grant proposal Motion by Councilman Graber, seconded by Councilwoman Bove, to approve the attached resolution as requested by the Erie County Department of Environment and Planning and the Western New York Stormwater Coalition. On the question, Town Engineer George Montz advised that the proposed project will consolidate 44 municipal illicit discharge and detection elimination programs into a single initiative that will fulfill New York State’s Phase II stormwater requirements, so they were becoming more efficient.
*APPENDICES* 3. Town Engineer re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3305.67 to K & S Contractors Supply, Inc. for work on the Berg Road watermain, West Seneca Water District #3, and $1784 to Osinski Plumbing, Inc. for driveway restoration on Orchard Park Road, West Seneca Sewer District #13.
4. Highway Supt. re Military leave of absence for Joseph Steen Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a military leave of absence for Joseph Steen effective December 4 – 7, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5. Highway Supt. re Purchase of five highway trucks with plows Motion by Councilman Graber, seconded by Councilwoman Bove, to authorize the purchase of five (5) International trucks with plows off the NYS contract from Regional International of WNY Inc., 2425 Walden Avenue, Buffalo, NY 14225 at a total cost of $610,000.
6. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3630 to Se-Mar Electric Co., Inc. for rebuilding a compressor motor at the Ice Rink and $5294.19 to Valley Tire for tires.
20-D COMMUNICATIONS 7. Town Clerk re Moran rezoning request Supervisor Piotrowski stated that this request was for a rezoning from a single family to a two-family dwelling in an area that was entirely single family dwellings. He requested the Code Enforcement Office and Assessor’s Office to determine how many other structures, if any, were in violation of the current zoning code and asked Town Attorney Edwin Hunter to review real property actions and proceedings law to determine if there was an enforcement mechanism through Section 2001. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item.
8. Comptroller re Budgetary transfer request Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $46,253 from State Retirement – General Acct. #01.9010.0801 to State Retirement – Police & Fire Acct. #01.9015.0825.
9. Code Enforcement Officer re Budgetary transfer request Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $3500 from Other Expenses Acct. #01.3620.0419 to Gasoline Acct. #01.3620.0416.
10. Town Justices re Budgetary transfer request Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $1500 from Jurors Fees Acct. #01.1110.0469 to Purchases – Equipment Acct. #01.1110.0200.
20-E REPORTS ISSUES OF THE PUBLIC CHANGES IN ANIMAL CONTROL DEPARTMENT & POSTING OF TOWN JOBS Tim Murek, a West Seneca resident, questioned the status of the proposed changes in the Animal Control Department. Councilwoman Bove stated that the Town Board was working with the Blue Collar Union on this issue and they would probably have it resolved before January 1, 2009. Mr. Murek further questioned where non-Civil Service town jobs were posted and commented that he did not believe the town’s hiring practice was fair to all the residents.
ISSUES OF THE PUBLIC CHANGES IN ANIMAL CONTROL DEPARTMENT & POSTING OF TOWN JOBS (cont’d.) Councilwoman Meegan advised that jobs were posted on the town’s website, but union positions were not always posted because they sometimes involved an upgrade or change in title. She further stated that any resident was welcome to fill out an employment application. There were applications on file in Supervisor Piotrowski’s office and the Town Board did review them when filling positions. Councilman Graber explained the hiring practice in the Highway Department and stated that employees start as part-time laborers in sanitation, then move to full-time, and then to the Highway Department. This progression was in accordance with the union contract. Mr. Murek questioned where he could view the bid for the five highway trucks that were purchased at this meeting. Highway Supt. Patrick Finnegan advised that these trucks were bought under the NYS contract and that was available for viewing on the OGS website. STATUS OF CHRISTIAN METZ HOUSE Joyce Mallette, 127 Century Drive, questioned the status of the Christian Metz house. Councilman Graber stated that the town owned the Christian Metz house and it was formerly used as an office for the county legislator. He did not know the current status but would check on it and get back to Mrs. Mallette. Mrs. Mallette noted that this was a historic site in the town and she did not believe it should be given away. Councilman Graber responded that the houses at 16 and 20 School Street were given to AmeriCorps, but the Metz house was not part of that. Town Attorney Edwin Hunter stated that 16 and 20 School Street had not yet been transferred to AmeriCorps. He had received notification from the Comptroller’s Office that a mortgage on 16 School Street may get triggered as coming due with the transfer and he was looking into that. STATUS OF AMERICORPS BUDGET INFORMATION Amy Carpenter, Woodward Crescent, questioned if Supervisor Piotrowski had received the budget information from Youth Director Mark Lazzara. Town Attorney Edwin Hunter responded that he spoke with Capital Markets on November 26th to verify that all action that needed to be taken by the town had been accomplished. It was confirmed that everything that had to be accomplished to secure the bonding had been received by Capital Markets. They were awaiting the final audit from Drescher & Malecki and thought they would have it this week. Mr. Hunter stated that they intend to bid this out on December 18th and advertise it the week before. Assuming that the final audit comes in and the bid is advertised and bid on December 18th, the money will be deposited in the town’s account before the end of the year. Comptroller Robert Bielecki stated that the issue with Mr. Lazzara and AmeriCorps and their relationship to the town has been reconciled and a draft of the financial statement was given to him electronically this date. In discussions with Mr. Drescher, he indicated that the final and accepted version of the financial statements would be available next Monday.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PURCHASE OF POLICE VEHICLE Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to authorize the purchase of one (1) 2009 Ford Crown Victoria from DeLacy Ford, Inc., 3061 Transit Road, Elma, NY 14059 at a cost of $23,940, noting that this will replace a police vehicle that was totally damaged in a recent automobile accident and the insurance company for the operator involved in the collision will be reimbursing the town for the cost of this vehicle purchase. On the question, Town Attorney Edwin Hunter noted that the accident took place a couple of weeks ago and the vehicle was a total loss. Asst. Chief Denz informed him that police vehicles were continually in for repair and loss of this vehicle would cause a disruption in patrols and schedule which could affect public safety. This was an emergency situation and the purchase was warranted. Mr. Hunter further noted that the vehicle being purchased was a 2009 and the price was the same as the 2008 vehicle that was purchased by bid last year. The cost was also lower than the NYS contract price and DeLacy Ford agreed to do the changeover of equipment at no cost to the town. This was the only vehicle around so if the town bid out this purchase and the vehicle was sold in the meantime, Asst. Chief Denz thought it could be more than two months before they could replace it and public safety was of great concern. Chief Gehen agreed with Mr. Hunter’s comments and stated that the accident happened on November 5th, and although the vehicle was a total loss the officer was not seriously injured and he was now on light duty. They started negotiating immediately with the insurance company to get the vehicle replaced and come to an agreed upon figure between the carriers.
ADJOURNMENT Motion by Councilman Graber, seconded by Councilwoman Meegan, to adjourn the meeting at 8:20 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |