West Seneca Town Board Meeting Minutes 01/05/2009
Supervisor Wallace C. Piotrowski called the meeting to order at 6:50 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. 1-A MINUTES TO BE APPROVED
1-C TABLED ITEMS 1. Ice Rink Remediation & Rehabilitation Project
Remained on the table. 2. Moran rezoning request
Remained on the table. 1-D COMMUNICATIONS 1. Councilwoman Bove re Abolishment of Dog Control Department Motion by Councilwoman Bove, seconded by Councilman Clarke, to appoint the Chief of Police and Superintendent of Highways as Animal Control Officers for the purpose of Article 7 of the NYS Agriculture and Markets Law. On the question, Councilwoman Bove stated that this was the first step in taking care of the Animal Control Department. At this point they were unable to go forward with abolishing the department because the CSEA representative did not sign the agreement due to a death in the family. Supervisor Piotrowski questioned how residents would have their animal control issues addressed. Highway Supt. Patrick Finnegan responded that everything would remain the same at this time. The motion was just a procedural issue to comply with NYS Agriculture and Markets Law. Residents should continue to contact the Animal Control Shelter during regular hours and Public Safety Dispatch during off hours.
1-D COMMUNICATIONS 2. Councilwoman Meegan re Purchase of handicapped accessible door Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2104 to Great Plate Glass Company for the purchase and installation of a handicapped accessible automatic push button door. On the question, Councilwoman Bove questioned where the handicapped door would be installed. Councilwoman Meegan advised that the door was for the entrance to Town Hall near the Engineering Department. She had witnessed many people climb the stairs because they were unaware there was an elevator in the building. There was nothing outside the building to distinguish this and the existing door was not accessible for many of the senior citizens and others with disabilities. Councilwoman Meegan noted that there would also be better signage throughout for the different departments, including the Police Department that is poorly identified.
3. Town Attorney re Verizon Wireless lease agreement Motion by Councilman Graber, seconded by Councilwoman Meegan, to enter into a lease agreement with Verizon Wireless for providing space on its telecommunications tower in return for an annual fee of $18,000 per year with annual increases of 3 percent, noting that the term of this agreement is for an initial five years with an additional four five-year extensions. On the question, Town Attorney Edwin Hunter stated that this lease agreement was approved in November 2007, but since the Negative Declaration was just issued at the last Town Board meeting, Verizon was requesting that the lease agreement be re-acknowledged. Councilman Graber stated that the lease was originally approved in 2005 or 2006 but Verizon never proceeded with it because they put all their energies toward FIOS. The town paid extra for a tower that was capable of handling three additional cellular service companies to co-locate. Co-location was favorable to eliminate the need for additional towers in town and also bring in additional revenue to the town. Councilman Graber estimated the lease agreement to be worth approximately $700,000.
4. Town Engineer re Hydrant addition on Maplewood Avenue Motion by Councilman Graber, seconded by Councilwoman Meegan, to approve the additional annual hydrant fee of $229.08 for Erie County Water Authority for addition of one hydrant and valve assembly at 55 Maplewood Avenue in conjunction with the Erie County Water Authority’s Water System Improvements Project, Contract GP-004.
5. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2000.53 to K & S Contractors Supply, Inc. for repairs to the water line on Berg Road.
1-D COMMUNICATIONS 6. Highway Supt. re Purchase of tractors for Buildings & Grounds Dept. Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of two (2) tractors with additional equipment (mower decks) off the NYS contract, Item #PC62723, from Buffalo Tractor and Implement Co., 3045 Seneca Street, for a total cost of $37,292.
7. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Highway Department:
8. Chief Gehen re Leave of absence for Public Safety Dispatcher Robert Rappold Received and filed. 9. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $1767.55 to Buffalo Harley Davidson Shop for repairs to the police motorcycle. On the question, Chief Gehen advised that a vehicle struck the police motorcycle and reimbursement for the repairs had been received from the insurance company.
10. Town Clerk re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $2274 to Niagara Business Solutions, Inc., 4661 Apple Drive, Lewiston, NY 14092, representing the annual maintenance fee for the Clerk’s Accounting System in the Town Clerk’s office.
11. Code Enforcement Officer re Specialty sign for Carstar on Transit Road Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant permission for Santoro Sign Company to erect a specialty sign at Carstar, 3480 Transit Road.
1-D COMMUNICATIONS 12. Tax Receiver re Status change for Laurine Fischione to part-time Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time seasonal clerk Laurine Fischione to part-time effective December 26, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
13. Senior Services Director re Status change for part-time employees to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following part-time employees to part-time seasonal effective January 1 – May 29, 2009: Virginia Antos – Clerk Typist and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14. Senior Services Director re Status change for Barbara Brooks to part-time seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time employee Barbara Brooks to part-time seasonal effective January 5 – February 27, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
15. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $4133.95 to IDville for a new identification card system.
16. Attendance at NYS Association of Towns conference Motion by Councilwoman Meegan, seconded by Councilwoman Bove, to authorize the Supervisor to allow the council members, Town Justices, Town Attorney, Deputy Town Attorney, Town Comptroller and two court clerks to attend the 2009 training school and annual meeting of the NYS Association of Towns to be held in New York City, February 15 – 18, 2009 at a total cost not to exceed the amount allocated in the 2009 budget. On the question, Supervisor Piotrowski stated that he would be voting against this motion because he thought they should be looking to save money in this area during difficult economic times. Councilwoman Bove commented that training helped ensure that employees would be the very best they could be at their jobs and improved efficiency. She thought training was needed in all departments, including the Supervisor’s position.
1-D COMMUNICATIONS 16. (continued) Supervisor Piotrowski agreed that training was important but thought there was training available locally that would cost less than traveling to New York City.
17. Highway Supt. re Appointment of Todd Dembik as part-time laborer at Ice Rink Motion by Councilman Graber, seconded by Councilwoman Bove, to appoint Todd Dembik as part-time laborer in the Buildings & Grounds Department to work at the Ice Rink effective January 6, 2009 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
1-E REPORTS ISSUES OF THE PUBLIC STATUS OF FREEDOM OF INFORMATION REQUEST Frank Russo, Parkside Drive, referred to a freedom of information request he had filed concerning Youth Director Mark Lazzara’s salary and benefits that were used as in-kind service for the grant money. Mr. Russo had received a letter from Deputy Town Attorney Paul Notaro stating that he would research this and have a response within 30 days, and he recently received another letter stating that he needs another 30 days. He questioned why it was taking so long to get this information when Councilwoman Bove had previously stated that she saw the documentation. Mr. Notaro was not present at the meeting and Councilwoman Bove did not have an answer to Mr. Russo’s question. BUDGET OFFICER SALARY & REGISTRAR OF VITAL STATISTICS SALARY Frank Russo, Parkside Drive, commented on the 2009 budget meeting and expressed his disappointment that the board members had to bring in former Town Attorney Timothy Greenan to ask questions about the budget. He referred to the budget officer salary that was paid to Supervisors in the past and stated that he always disagreed with that stipend because being budget officer was part of a Supervisor’s job. The stipend was reduced this year to $500 and he questioned why the Registrar of Vital Statistics salary was not also reduced when vital statistics was part of the Town Clerk’s job. Town Clerk Patricia DePasquale responded that vital records were separate under New York State. While she receives a stipend as Registrar of Vital Statistics, the town receives all the funds taken in for copies of birth, death and marriage records. The amount taken in for copies of these records was about four times the amount of the stipend and the Town Board opted to give Mrs. DePasquale the stipend instead.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS ELECTRICAL INSPECTOR POSITION Councilwoman Meegan questioned if Code Enforcement Officer William Czuprynski had received any applications for the position of Electrical Inspector. Mr. Czuprynski responded that to date he had received three applications and would soon be calling a meeting to review them. CHANGING OF THE COLORS The West Seneca Veterans Committee performed the changing of colors ceremony from American Legion Post 735 to Marine Corps League Detachment 239. 1-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 4592 SENECA STREET, BEING PART OF LOT NO. 223, CHANGING ITS CLASSIFICATION FROM R-75 TO R-50(S), FOR A SENIOR INDEPENDENT LIVING FACILITY” in the Town of West Seneca, be received and filed. (People, 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 December 11, 2008 meeting, the Planning Board recommended denial of the request for a rezoning and special permit for property located at 4592 Seneca Street, being part of Lot No. 223, changing its classification from R-75 to R-50(S), for a senior independent living facility.” Rhonda Frederick, Chief Operating Officer, and Jocelyn Bos, Housing Director, appeared on behalf of the petitioner, People Inc., 1219 N. Forest Road, Williamsville. Ms. Bos stated that they began the rezoning and special permit process in June 2008 and worked diligently with various departments in town, but they ran into problems with the drainage and were unable to resolve the issues. Councilwoman Meegan stated that she had spoken with Planning Consultant Wendy Salvati and it was recommended that the Town Board deny this application and suggest that People Inc. look for a more suitable site within the town. Councilman Graber questioned the specific engineering problem with the plan. Town Engineer George Montz responded that the drainage calculations were submitted by Wm. Schutt & Associates and the size of the outfall pipes was not large enough to handle the capacity of the flow expected. A large and very deep detention basin would be required to drain an area of this size and it was not practical. Councilman Graber understood there was also an issue with the sewers and whether this should be a sewer extension or service lateral. He questioned if this was ever agreed upon.
1-B LEGAL NOTICES 1. (continued) Mr. Montz stated that the proposal from Wm. Schutt & Associates was for a 6-inch lateral for the facility. He was not sure if there was any other NYSDEC or Erie County Health Department (ECHD) approval that would be required based on the type of development, but a 6-inch lateral would normally not be reviewed by those departments. Ms. Bos stated that Wm. Schutt & Associates had forwarded the information and received a comment from NYSDEC that it was the ECHD who would act on it. The ECHD reviewed the plans and said they had no permitting authority over private laterals. Bruce McPherson, Sky Hi Drive, stated that the proposed project backs up almost to his property and he thought the objection to this project went further than the drainage issues. A petition was submitted signed by a majority of the neighboring property owners that purchased their property based on the residential zoning of the area and they did not want this property rezoned to commercial. Mr. McPherson further noted that the Fire Chief for Vigilant Fire Company had attended a Planning Board meeting and stated that there was no adequate way to get emergency vehicles to the property if there was a problem. This was a major concern since senior complexes tend to generate a number of emergency calls and People Inc. never addressed this issue. Also, if People Inc. were to purchase the property it would be removed from the tax rolls but would still be a burden on garbage collection, etc. Mr. McPherson referred to the group home located on Sky Hi Drive that was run by People Inc. and commented that they were not very good neighbors. Alice Dinderski, Sky Hi Drive, stated that she lived in her home for 52 years and was concerned that the surrounding property stay residentially zoned. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to deny the request for a rezoning and special permit for property located at 4592 Seneca Street, being part of Lot No. 223, changing its classification from R-75 to R-50(S), for a senior independent living facility, based on the proposed project not being suitable for this location due to environmental conditions and storm drainage issues. On the question, Councilman Graber thanked People Inc. for considering West Seneca and although this property was not suitable for their project, he hoped they would continue searching for other more suitable properties in town.
2. 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 FOR PROPERTY LOCATED AT 862 SENECA CREEK ROAD, BEING PART OF LOT NOS. 92, 97, 98, 101, 102, 103, 104, 105 & 106, CHANGING ITS CLASSIFICATION FROM R-100A TO R-75, FOR A RESIDENTIAL SUBDIVISION” in the Town of West Seneca, be received and filed. (Walter Kolkiewicz)
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
1-B LEGAL NOTICES 2. (continued) Supervisor Piotrowski read the recommendation of the Planning Board: “At its December 11, 2008 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 862 Seneca Creek Road, being part of Lot Nos. 92, 97, 98, 101, 102, 103, 104, 105 & 106, changing its classification from R-100A to R-75, for a 22-lot residential subdivision with the R-75 zoning extending to the creek, but not including the conservation easement area.” Councilwoman Meegan stated that she had spoken with Planning Consultant Wendy Salvati regarding this application and Mrs. Salvati informed her that Mr. Kolkiewicz had made every effort and responded in an expedient fashion to comply with all the recommendations of the Planning Board. Mrs. Salvati recommended that the Town Board positively recognize Mr. Kolkiewicz’s commitment to the project. Mr. Kolkiewicz’s next step was to work with the Engineering Department on a flood plain development permit. Councilman Graber noted that the only reason this project was before the Town Board was because of the rezoning request from R-100A to R-75. If the Town Board did nothing or denied the rezoning, Mr. Kolkiewicz could go forward and build doubles on the R-100A portion of the project. With the rezoning to R-75, the 22 single family homes will have a very minor negative effect on the surrounding environment. John Walsh, Pleasantview Lane, questioned if the water runoff will drain into the conservation easement or out to the main streets off Seneca Creek Road. Town Engineer George Montz stated that he had not seen a map indicating where the conservation easement will be, but he assumed that through the flood plain development permit process it would be plotted on the map and he would be able to answer this question. Ultimately, drainage from the subdivision will drain due north up to the creek and may go through a detention area. If the conservation area runs parallel and along the side of the creek, it will be going through that. Mr. Walsh suggested that someone walk the site to see the volume of water and where it is going. Councilman Graber stated that the Engineering Department does more than walk the site. They plot everything out and their goal is to take the water down and out to the nearest stream or creek so it has no impact on the surrounding properties. In many cases, it actually improves drainage in the area because the system is more up-to-date. J. Pauly, Seneca Creek Road, stated that he lives to the east of this property and there is a right-of-way between the two properties. He questioned what will happen to this right-of-way. Mr. Montz responded that if the right-of-way is not part of the parcel it will remain as a right-of-way and this information will be plotted on the drawings. Mr. Pauly was concerned that the new property owners in the proposed subdivision will take over the right-of-way. Mr. Montz stated that if it is a paper street owned by the town the adjacent property owners would have to ask that the town abandon the property. Town Attorney Edwin Hunter advised that if the property is a right-of-way and Mr. Pauly has a vested right in it, that would be recorded in the Erie County Clerk’s office and nothing could change that unless Mr. Pauly sold it.
1-B LEGAL NOTICES 2. (continued) Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a rezoning for property located at 862 Seneca Creek Road, being part of Lot Nos. 92, 97, 98, 101, 102, 103, 104, 105 & 106, changing its classification from R-100A to R-75, for a 22-lot residential subdivision, with the R-75 zoning extending to the creek, but not including the conservation easement area that was agreed upon by the developer. On the question, Councilman Graber thanked Mr. Kolkiewicz for changing the R-100A zoning to R-75, which he thought was a better fit for the area and would have the least negative impact on the surrounding environment. He further noted that the project conformed to the Comprehensive Plan because it was not a commercial use and issuance of a Negative Declaration for this property was the responsibility of the Planning Board. Councilman Graber questioned what was involved in setting up the conservation easement. Mr. Hunter responded that this would be part of the flood plain development permit process. Engineering of the site will take into account the conservation area and what part of the site can be developed.
*APPENDICES* 3. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2880 TRANSIT ROAD, BEING PART OF LOT NO. 350, CHANGING ITS CLASSIFICATION FROM R-90A TO C-2(S), FOR CONSTRUCTION OF A TWO-STORY, 49-UNIT SENIOR HOUSING FACILITY” in the Town of West Seneca, received and filed. (Young Development, LLC) 4. Proofs of publication and posting of legal notice: “OF THE ADOPTED LOCAL LAW NO. 4 OF THE YEAR 2008, RESCINDING CHAPTER 67 OF THE ENVIRONMENTAL QUALITY REVIEW AND PROVIDING QUALITY REVIEW OF ACTIONS PURSUANT TO ARTICLE 8 OF THE NEW YORK ENVIRONMENTAL CONSERVATION LAW” in the Town of West Seneca, received and filed. ADJOURNMENT Motion by Councilman Graber, seconded by Councilwoman Meegan, to adjourn the meeting at 7:50 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |