West Seneca Town Board Minutes 03/13/2006

4-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 1655 UNION ROAD, BEING PART OF LOT NOS. 188, 189, 197 & 202, CHANGING ITS CLASSIFICATION FROM M-2 TO M-2(S), FOR AN ASPHALT PROCESSING PLANT” in the Town of West Seneca, be received and filed.                (1655 Union Road, LLC)

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 February 15, 2006 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1655 Union Road, being part of Lot Nos. 188, 189, 197 & 202, changing its classification from M-2 to M-2(S), for locating an asphalt processing plant currently situated at 150 Gemcor Drive to the east side of Union Road in the southwest corner as shown on the maps submitted with the application and incorporating the conditions made by the Town Board for the asphalt processing facility at 150 Gemcor Drive as follows: 1) acquisition of fee title to the subject premises by Robert Hill or by an entity controlled by him on or before December 1, 2006; 2) access to the property from the public road to the plant shall be paved with blacktop pavement H-20 loading; 3) no aggregate washing on site; 4) capacity of plant is limited to four ton per batch; and further, Mr. Hill will operate only one batch plant in the Town of West Seneca without further approval from the Planning Board and Town Board.” Mr. Greenan stated that he had also received a letter dated March 9, 2006 from Attorney Craig Slater of Harter, Secrest & Emery LLP indicating that he represented Acme Land Acquisitions, and they did not believe that 1644 Union Road LLC had obtained formal title to the property. They also questioned whether the notice requirements with regard to the County Planning Agency had been met on this public hearing. Town Clerk Patricia DePasquale advised Mr. Greenan this date that the Erie County Division of Planning had been notified.

4-B    LEGAL NOTICES

1.    (continued)

Attorney John Garas, 5500 Main Street, Williamsville, represented the petitioner, 1655 Union Road, LLC, and Robert Hill, the owner. Mr. Garas stated that Mr. Hill only intended to operate one asphalt plant in the Town of West Seneca and the initial site he chose was 150 Gemcor Drive where an asphalt processing plant previously operated. The Town Board granted a special permit in December 2005 for Mr. Hill to operate an asphalt processing facility at 150 Gemcor Drive and he only needed to acquire title to the property. The property was in foreclosure and Mr. Hill might not acquire title to it. Acme Land Acquisitions was a nominee of Buffalo Crushed Stone who was opposing Mr. Hill and his efforts to operate the facility at 150 Gemcor Drive. Mr. Garas noted that the address was wrong in the letter from Attorney Slater, and 1655 Union Road LLC had acquired title to the property. Mr. Hill also held the mortgage for 150 Gemcor Drive and if he was successful in acquiring that property at the foreclosure sale, he would operate the asphalt processing plant there rather than at 1655 Union Road. Mr. Hill owned the equipment at 150 Gemcor Drive and if he was not successful in acquiring title to that property, he would be moving the equipment to 1655 Union Road to operate the asphalt plant there, which in some ways was a more desirable location because the ingress/egress was better. Mr. Garas stated that the property at 1655 Union Road was currently being operated as a concrete crushing and processing plant, but no matter where the asphalt plant was operated from, the property at 1655 Union Road will be cleaned up and the unsightly conditions corrected. He referred to the site plan and indicated the access to the west end of the property from Town Road. Waste Management had also granted Mr. Hill an easement from the east end of his property out to Ransier Drive, so trucks could access the property from the signal at Union Road and North America Drive to Ransier Drive.

Supervisor Clark commented that any emissions, odors and exhaust from the plant were subject to New York State Department of Environmental Conservation (NYSDEC) regulations.

Mr. Garas responded that they were in the process of obtaining a NYSDEC air quality permit and did not anticipate any difficulty. He commented that this was a modern asphalt processing plant that used lower heat and minimized some of the negative consequences that were associated with older style plants. The plant would be surrounded by other commercial uses and the nearest residential dwelling was located hundreds of feet away. Mr. Garas also noted that the concrete crushing plant they were replacing was a much more noxious use.

Attorney Angela Demerle of Harter, Secrest & Emery spoke on behalf of Buffalo Crushed Stone and Acme Land Acquisitions and stated that Acme Land Acquisitions obtained title to 150 Gemcor Drive on February 6th. At that time, Buffalo Crushed Stone questioned the town on how to get the special permit to operate an asphalt processing facility transferred and on February 17th they applied for a transfer of the special permit.

Mr. Greenan stated that there was no process within the town to apply for a transfer of a special permit.

Ms. Demerle responded that they had received a letter from the West Seneca Planning Board stating that special permits run with the land, so it was their position that the special permit was granted to the land and should transfer over.

Mr. Greenan stated that there was no transfer provision in the town and the Town Board was very explicit in their language granting the special permit based upon the existing plant and the fact that Mr. Hill owned the equipment, and when he entered into title he was a contract vendee, which was subsequently overturned by the bankruptcy court.

4-B    LEGAL NOTICES

1.    (continued)

Ms. Demerle stated that on March 9th Buffalo Crushed Stone submitted a formal application for a special permit for 150 Gemcor Drive for an asphalt processing facility. Since there could be cumulative impacts if both permits are granted, Ms. Demerle requested that the Town Board table any action on this item at this meeting and that it be looked at along with Buffalo Crushed Stone’s application. There would be a lot more trucks in the area and possibly more problems with air pollutants, etc.

Mr. Greenan questioned who owned the actual equipment that was located at 150 Gemcor Drive.

Ms. Demerle responded that Mr. Hill owned the equipment.

Mr. Greenan commented that Ms. Demerle was asking the Town Board to adjourn this matter so they could bring in a competing application because they thought if a special permit were approved for 1655 Union Road their application for 150 Gemcor Drive would not be approved. The Town Board could consider the cumulative effect, but if they refused to hear Mr. Hill’s proposal because they wanted to allow Buffalo Crushed Stone to be heard, that would be improper and might be actionable.

Ms. Demerle stated that Buffalo Crushed Stone had asked for a transfer of the special permit on February 17th but did not get a response to their inquiries.

Mr. Greenan stated that there was no such thing as a transfer of a special permit.

Deputy Town Attorney Paul Notaro disagreed with Ms. Demerle and stated that he had spoken to her and a number of people from Buffalo Crushed Stone including Patty Shriver. He had corresponded in writing and by phone and every question was addressed. Mr. Notaro stated that when he spoke with Ms. Demerle last week she requested a copy of the minutes. The minutes were forwarded to her and later in the week an application was submitted to the town for 150 Gemcor Drive.

Sherry Hearn, 25 Washington Street, questioned if Mr. Hill would have two special permits for two asphalt plants if this application were approved.

Mr. Greenan advised that Mr. Hill’s special permit was to use the plant that he owned where it was located at 150 Gemcor Drive or it could be located across the street.

Mr. Garas commented that the special permit for 150 Gemcor Drive either went with the land or did not go with the land, but that should have nothing to do with the current application for 1655 Union Road. He also noted that although Buffalo Crushed Stone currently held title to 150 Gemcor Drive, there was a substantial mortgage on the property that was in foreclosure and it was not clear who would own the property six weeks from now.

Ms. Demerle noted that on February 8th they had received a letter from the town’s Code Enforcement Officer stating that a special permit was issued to the property and stayed with the property upon transfer of ownership. They were relying on that statement in asking for the transfer.

Mr. Greenan stated that the special permit had particular conditions attached that dealt with the equipment that was being used there and who the operator was.

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

4-B    LEGAL NOTICES

1.    (continued)

Motion by Supervisor Clark, seconded by Councilman Hicks, to approve the request for a special permit for property located at 1655 Union Road, being part of Lot Nos. 188, 189, 197 & 202, changing its classification from M-2 to M-2(S), for an asphalt processing plant, with the following stipulations: 1) acquisition of fee title to the subject premises by Robert Hill or by an entity controlled by him on or before December 1, 2006; 2) access to the property from the public road to the plant shall be paved with blacktop pavement H-20 loading; 3) no aggregate washing on site; 4) capacity of plant is limited to four ton per batch; and further, Mr. Hill will operate only one batch plant in the Town of West Seneca without further approval from the Planning Board and Town Board.

On the question, Supervisor Clark stated that although the operation was not as visual across the street, he did not believe that it would be any more obtrusive at this location. He commented that Mr. Hill was a responsible operator and businessperson and this was a reasonable request. Supervisor Clark had previously checked out this type of plant and they were airtight and operated very unobtrusively without any nuisance. He also thought it would clean up the site and make it more presentable.

Councilman Osmanski commented that the issue that there could be two asphalt processing plants in town was a distinct possibility. It was not an ideal situation and he preferred that it didn’t happen, but he did not believe that they could deny the present application. The location was appropriate and the asphalt processing facility was no less desirable than the concrete recycling operation that was currently operating there. The size of the asphalt processing facility was not massive. It was a small batch plant, very high tech, with very low emissions. Due to its size he did not believe the cumulative effect of two plants would be a concern and they were located on Union Road in a large industrial/manufacturing area.

Mr. Greenan advised that the Town Board would have to make a motion with regard to SEQR prior to any approval of the special permit.

The motion to approve was withdrawn.

Motion by Supervisor Clark, seconded by Councilman Hicks, to issue a Negative Declaration with regard to SEQR findings for the proposed asphalt processing facility to be located at 1655 Union Road, noting that there would be no adverse impact on the environment, no wetlands involved, no large destruction of flora or fauna, the project is already zoned M-2, there is no historic or aesthetic resources in the area, there will be no significant impact on the public highway because of the close proximity to Route 400, and there is no required public infrastructure improvements.

Motion by Supervisor Clark, seconded by Councilman Hicks, to approve the request for a special permit for property located at 1655 Union Road, being part of Lot Nos. 188, 189, 197 & 202, changing its classification from M-2 to M-2(S), for an asphalt processing plant, with the following stipulations: 1) acquisition of fee title to the subject premises by Robert Hill or by an entity controlled by him on or before December 1, 2006; 2) access to the property from the public road to the plant shall be paved with blacktop pavement H-20 loading; 3) no aggregate washing on site; 4) capacity of plant is limited to four ton per batch; and further, Mr. Hill will operate only one batch plant in the Town of West Seneca without further approval from the Planning Board and Town Board.

*APPENDICES*

4-C    COMMUNICATIONS

1.   Town Attorney re Community Development Block Grant Project Agreement

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the Supervisor to execute the 2006-2007 Community Development Block Grant, Community Project Agreement with the County of Erie.

2.   Town Engineer re NYSEG street lighting proposal for Country Lane

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $217.71 for adding nine 70-watt high pressure sodium luminaries along Country Lane, Electric Lighting District No. 3E.

3.   Town Engineer re NYSEG street lighting proposal for Sherwood Lane & Sherwood Court

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the NYSEG street lighting proposal for an annual increase of $235.32 for adding eight 70-watt and two 50-watt high pressure sodium luminaries along Sherwood Lane and Sherwood Court, Electric Lighting District No. 4E.

4.   Highway Supt. re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $6498.22 to Valley Tire Co. Inc. for tires.

5.   Chief Gehen re Justice Assistance Grant

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Town of West Seneca Police Department to pursue the 2006 Justice Assistance Grant (JAG) funding and permit the Supervisor to sign the necessary application, noting that the town in partnership with the City of Buffalo, County of Erie, and Town of Cheektowaga is eligible for economic assistance under this program with the Town of West Seneca’s share of the grant being $10,389 and the funding will be utilized to assist with expenses associated with the summer bike patrol and Stop Walk and Talk Program.

6.   Chief Gehen re Attendance at MAGLOCLEN conference

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Captain Daniel Denz and Detective Robert Caruana to attend the annual MAGLOCLEN Conference in Atlantic City, New Jersey, April 24 – 28, 2006 noting that transportation, tolls, parking and hotel expenses are reimbursed by the MAGLOCLEN organization and the West Seneca Police Department will be responsible for meals and registration fees only, not to exceed $950.

4-C    COMMUNICATIONS

7.   Chief Gehen re Attendance at NYS DARE Officer conference

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Detective Dennis Bloom and Officers Ken Morano, Timothy Pratt, and Edward Baker to attend the NYS DARE Officer Conference in Auburn, New York, April 27 – 30, 2006 at a cost not to exceed $1830.

8.   Comptroller re Year end fund transfers

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the attached list of year end fund transfers for 2005.

*APPENDICES*

Motion by Councilman Osmanski, seconded by Councilman Graber, to adopt the attached resolution authorizing acceptance of partial payments for payment of property taxes.

*APPENDICES*

10.   Tax Receiver re Termination of Carol Talty as part-time Clerk

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Carol Talty as part-time Clerk effective March 13, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Senior Citizens Supervisor re Status change for Van Driver John Fechtor to part-time seasonal

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of part-time Van Driver John Fechtor to part-time seasonal effective March 13 – August 11, 2006, and further, grant a rate increase to Mr. Fechtor from $7.90 to $8.40 per hour effective upon Mr. Fechtor’s completion of the required 5400 hours of service and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Elizabeth Simons re Status change for Clerk Typist Paulette Krakowski to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of Paulette Krakowski from part-time to part-time seasonal effective April 3, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

4-D   REPORTS

4-E    DEPARTMENTAL PRESENTATIONS

ISSUES OF THE PUBLIC

SOCCER COMPLEX ISSUES

Dale Clarke, 379 Indian Church Road, questioned the current arrangement between Buffalo/Niagara Sports and the West Seneca Soccer Association, if Buffalo/Niagara Sports was still managing the soccer complex for 2006, and if so, their current commission rate.

Supervisor Clark did not believe there was any agreement between Buffalo/Niagara Sports and the Soccer Association for any further operations. He also did not believe that there had been any compensation to Buffalo/Niagara Sports for their services; it was a cooperative arrangement where they tried to help each other do well.

Mr. Clarke questioned if Town Attorney Timothy Greenan was still employed by Buffalo/Niagara Sports and the Savarino Group.

Mr. Greenan responded that he was never employed by Buffalo/Niagara Sports. They had proposed a hockey complex in town and at that time the Town Board asked them to assist the Soccer Association with management of the soccer park. They assisted for 1½ years, but recently the Town Board decided that they wanted to get more involved in the management and operation of the soccer park.

Randy Pawlik, 113 Waltercrest Terrace, stated that he was the new President of the West Seneca Soccer Association and he hoped to clear up some misinformation that had recently been presented at the Town Board meetings. Mr. Pawlik stated that he was a coach in the program for eight years, but he was not included or involved in any past operational decisions, so he would not speak on or debate any of those decisions. He commented that the soccer park was run 100 percent as a volunteer organization since its inception. They paid all the utilities, maintenance, upkeep, grass cutting, field setup, lining, aerating, rolling, seeding and fertilizing, as well as garbage collection and building maintenance. No other sports organization in town had this kind of expense or responsibility. Mr. Pawlik noted that the soccer complex was also a town park with a walking path for running, roller blading, bike riding and dog walking, and had a playground and basketball courts for all town residents to enjoy. He commented on the time Dave Lawson spent at the soccer park each year at no cost to the residents of the town and stated that it was a thankless job that he challenged others to volunteer for. Mr. Pawlik noted that there were almost 1300 children in the soccer association that used the soccer park. The Buffalo Convention & Visitor’s Bureau estimated that the NYS tournament held at the soccer complex two years ago brought in over $350,000 of out-of-town money in one weekend, and the sponsors and town vendors thought that was a plus. He thought that with the right leadership the soccer complex could be a regionally significant sports facility. Mr. Pawlik stated that he coached for Daemen College and he was at the soccer park when the older teams played, but never witnessed any of the things stated in the newspaper that the residents had complained about. He questioned if the soccer park was any different than Firemen’s Park or Centennial Park where night games were played by adults at later hours, yet the neighboring residents did not complain. Independent real estate assessors agreed that because of the soccer park, the homes closest to it have seen an

ISSUES OF THE PUBLIC

SOCCER COMPLEX ISSUES    (continued)

increase of 10 to 15 percent in their property values. Mr. Pawlik noted that the original soccer park model always included outside games and tournaments to help out financially. It was impossible for the house and travel leagues to pay the entire cost of the soccer park. Mr. Pawlik stated that he was willing to work with the Town Board and along with the committees that were formed they looked forward to a better working relationship with the town.

Joanne Viapiano, 51 Sunbriar Drive, understood that the town would be overseeing operations at the soccer complex and that the Relay for Life event was approved to be held there on June 3rd and 4th. Mrs. Viapiano stated that she worked for Roswell Park and Relay for Life was a great event; however, she attended the event last year at West Seneca West Senior High School and it was extremely crowded with people and parking. She questioned what type of rules would be in place to help make it a well sponsored event, but not a detriment to the neighborhood.

Supervisor Clark responded that he had spoken with West Seneca School Superintendent James Brotz and there would be a number of safeguards put in place for the event. They felt that Relay for Life was an important community event and they would ensure that there was no intrusion above and beyond was what reasonable.

Mrs. Viapiano suggested that the event be held at East Seneca Senior High School where it is set back off the road and they would be able to use the school facilities.

Supervisor Clark responded that East Seneca Senior High School was considered, but the Relay for Life organization preferred the soccer complex.

Mrs. Viapiano commented on the number of vehicles that would be at the event and did not believe they would all fit in the parking lot. She questioned if the parking would spill over to the streets in the Southgate subdivision.

Councilman Osmanski stated that parking was one issue that would have to be addressed and they could close off the Southgate subdivision so there was no parking in that neighborhood.

Mrs. Viapiano understood that the event was already approved for the soccer park and she questioned if the Town Board had approved it.

Supervisor Clark responded that the Town Board gave Relay for Life authorization to use the soccer park. It was a town facility and a public park and was a lot larger complex than what they had used.

Mrs. Viapiano referred to Mr. Pawlik’s comments and all the work that was done to keep the soccer fields pristine and hoped that the Relay for Life event would not destroy them.

Frank Gugino, Parkside Drive, stated that the residents of his street did not want the soccer park to be used by outside teams or leagues. He suggested shutting off the lights to avoid any high electrical bills and noted that when the plans for the soccer complex were first presented to the neighbors they were told there would not be any night games, yet light standards and large transformers were installed at a large cost. Mr. Gugino commented that the taxpayers of West Seneca had every right to question the delinquent bond payments of the Soccer Association and the town should respond in a timely manner. He thought the soccer complex had become a big money pit that gobbled up any funds it collected from the concession stand, registration fees, field rentals, parking fees, etc. and he questioned why the town had allowed this debt to slide to such a degree. Mr. Gugino asked that the point of view of the residents of Parkside Drive be considered since they had to put up with some of the outrageous behavior of the spectators.

ISSUES OF THE PUBLIC

SOCCER COMPLEX ISSUES    (continued)

Frank Russo, Parkside Drive, understood that according to the lease the Town Board as a whole was supposed to approve events at the soccer complex. He questioned if Supervisor Clark had approved the Relay for Life event without the other board member’s approval.

Supervisor Clark responded that the lease was no longer in effect and he alone approved the Relay for Life event.

Mr. Russo stated that he was not opposed to raising money for charity, but he thought the town was setting a precedent with use of the soccer complex. He noted that the signs in the soccer complex stated that the park closed at dusk and questioned if there would be camping over night. Mr. Russo thought there were better locations to hold the Relay for Life event and suggested Firemen’s Park. He further referred to the delinquent bond payments for the soccer park and thought that the Soccer Association could have paid the town more than $1810 last year. Mr. Russo did not believe that anything was going to change at the soccer complex and if the town took over payment of the utilities there it would add a tremendous burden to the taxpayers of the community.

COMMUNITY DEVELOPMENT BLOCK GRANT EXPLAINED

Amy Carpenter, 406 Woodward Crescent, requested an explanation of the Community Development Block Grant project agreement.

Supervisor Clark responded that this was an agreement where the Town of West Seneca and about 30 other municipalities enter into a working operational agreement and band their resources together, which is basically receipt of a certain cash flow of Housing and Urban Development (HUD) money from the federal government. Instead of each community having their own administration, Erie County has a group comprised of professionals that were familiar with the HUD regulations and could work with them and coordinate the best use for a large amount of money for worthy public projects that were qualified under HUD. This was a competition and the Town of West Seneca had been very successful in being awarded funds for a number of projects over the years.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BOARD MEMBERS RESPOND TO SOCCER COMPLEX ISSUES

Councilman Osmanski stated that one of the reasons the Town Board bought into the original plan for the soccer park was that there were so many offset costs for maintenance. Mr. Russo has asked for these costs and it would be appropriate to have them all outlined, but the town has not had any operating costs on the soccer park for the last 7 to 8 years and this was significant. The town has paid the capital costs for the soccer park, but it is open to all town residents for their use. Councilman Osmanski stated that they had hoped that the Soccer Association would be able to offset some of the capital costs. Unfortunately their plan did not come to fruition, but they have not asked for any relief for the operating costs of the soccer park. Councilman Osmanski stated that there were tens of thousands of people that used the soccer complex and with that number there was going to be some rude people. The neighbors should not have to put up with rudeness or other things from people that visit the park and Mr. Pawlik stated that the Soccer Association would make an extra effort to stop this from happening. Councilman Osmanski commented that the soccer park had a number of positive aspects and has been very successful for youth services. They hoped to make it more compatible with the surrounding neighborhood and more financially successful.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

BOARD MEMBERS RESPOND TO SOCCER COMPLEX ISSUES    (continued)

Supervisor Clark understood the concerns of the neighbors but stated that the town was prepared to continue to exercise more control and change the operations to make it more compatible with the neighbors. They would remain as sensitive as possible to the residents while continuing undeterred to serve the youth and general public that appreciated and enjoyed the soccer park.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 8:50 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK