West Seneca Town Board Meeting Minutes 05/14/2007
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. 6-A MINUTES TO BE APPROVED
6-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 HOME OCCUPANCY PERMIT FOR PROPERTY LOCATED AT 4815 CLINTON STREET, BEING PART OF LOT NO. 3, FOR A BARBER SHOP” in the Town of West Seneca, be received and filed. (Anthony Scaccia)
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 April 12, 2007 meeting, the Planning Board recommended approval of the request for a home occupancy permit for property located at 4815 Clinton Street, being part of Lot No. 3, for a barber shop, subject to the applicant amending his application to comply with the provisions of a home occupancy permit.” Mr. Greenan noted that Mr. Scaccia had modified his application accordingly. Anthony Scaccia, 4801 Clinton Street, stated his proposal for a home occupancy permit for 4815 Clinton Street for a barber shop, noting that he would comply with all town ordinances. The barber shop will have three chairs and the area in front of the shop will be paved. Councilman Bove commented that Mr. Scaccia was a well-respected businessman and had been a barber in South Buffalo for many years. She thought that West Seneca would be proud to have Mr. Scaccia open his business here. No comments were received from the public. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
. 6-B LEGAL NOTICES 1. (continued) Motion by Supervisor Clark, seconded by Councilman Bove, to grant the request for a home occupancy permit for property located at 4815 Clinton Street, being part of Lot No. 3, for a barber shop.
*APPENDICES* 2. Motion by Councilman Osmanski, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING & SPECIAL PERMIT FOR PROPERTY LOCATED AT 1150 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR SIX MINI STORAGE BUILDINGS” in the Town of West Seneca, be received and filed. (Young Development, Inc.)
Motion by Councilman Osmanski, seconded by Councilman Hicks, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its April 12, 2007 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 1150 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2(S), for six mini-storage buildings, conditioned upon the following: 1) the rezoning and special permit shall only apply to the north 330 feet of the property; 2) a 30-foot buffer zone with trees as shown on the plan submitted; 3) access driveway at the east end of the project shall be widened to 30 feet; 4) the detention pond shall be moved to the south to maintain a 30-foot buffer area and a fence shall be constructed around the pond; 5) an area 30’ x 150’ adjacent to the northwest corner shall be included as a buffer zone for the benefit of this parcel; 6) delineation of the proposed landscaping at the time the application is presented to the Town Board.” Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, Young Development, Inc., and submitted revised plans indicating the changes as requested at the Planning Board and a landscape plan for the proposed project. All six storage buildings will be one-story metal buildings, less than 15 feet in height. The driveway was enlarged to 30 feet and the detention pond was moved to allow for a 30-foot buffer zone. A landscaping plan delineated the plant materials for the front and rear of the project. All lighting will be attached to the building. There will be no lights on the rear of the building, but there will be cameras for security purposes. An office will be located at the front of the property with hours of operation being 9 A.M. to 5 P.M. Renters of the storage units will be able to enter the area 24/7. A fence will be constructed around the entire parcel, so this will address the issue of fencing around the detention pond. Since the Planning Board meeting, Mr. Young had been in discussions concerning purchasing the plaza at Angle Road and Southwestern Blvd., so he was now looking to rezone the entire parcel to C-2(S) instead of just the area where the storage buildings will be located. Councilman Osmanski questioned the need for the special permit. Deputy Town Attorney Paul Notaro stated that the Planning Board’s intention with the special permit was to restrict the C-2 use specifically to storage units. If the property was sold in the future and someone wanted to demolish the buildings for another C-2 use, it would not be allowed.
6-B LEGAL NOTICES 2. (continued) Mr. Lorigo noted that the special permit designation will not be necessary in the future due to site plan approval. Without site plan approval, the special permit locked Mr. Young into the plan submitted dated May 3, 2007. Councilman Hicks questioned if this would be strictly inside storage.
Mr. Lorigo responded that there were approximately 313 inside storage units and one parking area for outside storage. The units were similar to those on Dyke Road. Councilman Osmanski questioned the look of the building facing Southwestern Blvd. and was concerned about aesthetics. Brian Young of Young Development, Inc. stated that the outside of the buildings along Southwestern Blvd. will be an outdoor plaster and the office will be glass with a tower similar to that of Seasonal Landscaping. The gate will be automatic with code access. Councilman Hicks referred to the climate controlled storage building along Southwestern Blvd. and questioned if it will be subdivided. Mr. Young responded that there will be one entrance in the middle and then it will be subdivided inside. Bronislaus Michalczak, 211 Warren Avenue, questioned if the units will generate any noise. Mr. Lorigo stated that these units were less intrusive than most any other type of use. There will be an occasional vehicle that enters the gate, opens a garage door, deposits or removes items from storage, and leaves. There will be very little activity at night. Councilman Graber questioned what type of people use these units. Mr. Young responded that a number of people who live in apartments use the units to store items they do not have room for in their apartment. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to issue a Negative Declaration with regard to SEQR for construction of six mini storage buildings on property located at 1150 Southwestern Blvd.
Motion by Supervisor Clark, seconded by Councilman Hicks, to grant the request for a rezoning and special permit for property located at 1150 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2(S), for six mini storage buildings, conditioned upon the project complying with the revised plans dated May 3, 2007 and submitted May 14, 2007 and noting that the southwest portion of the property denoted in the plans as “other lands of Young Development Inc. for future development” is not included in the rezoning. On the question, Councilman Hicks noted that Mr. Young had been before the Town Board before with other projects and they were all extremely well thought out and professionally done and he will have to ensure that all the neighbors’ concerns are addressed with this project.
6-B LEGAL NOTICES 2. (continued) Councilman Osmanski stated that the C-2 zoning would not be in conformance with the Master Plan; however, with the restrictions that Mr. Young submitted with the plan it will be in conformance. The project will be such a low intensive use that it will fit in with the other zoning districts in the area and be in conformity with the neighborhood.
*APPENDICES* 3. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER CONSENTING TO THE RELOCATION OF ARIES TRANSPORTATION SERVICES INC. FROM THE TOWN OF WEST SENECA TO AN ECONOMIC DEVELOPMENT ZONE IN BUFFALO, NEW YORK,” be received and filed.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Supervisor Clark stated that Aries Transportation Services Inc., presently located in the Town of West Seneca, was requesting consent from the town to relocate to a specialized economic development zone in the City of Buffalo. Unless there has been some kind of major issue, the town typically has not taken any negative position with respect to these requests. Supervisor Clark was sympathetic to the economic situation in Buffalo and understanding of the need and desire of businesses to operate in an economic environment with the least penalties. Councilman Graber stated that they have allowed previous businesses residing in West Seneca to relocate to Buffalo to take advantage of the economic development zone, but he was not happy with the City of Buffalo’s recent move to provide the same type of abatements to high end townhouses. Councilman Graber thought that Buffalo had lost sight of the original intent of the economic development zone. No comments were received from the public. Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Hicks, to consent to the relocation of Aries Transportation Services Inc. from the Town of West Seneca to an economic development zone in Buffalo, New York. On the question, Supervisor Clark thought it was vital to do everything possible to help businesses stay as competitive as they can utilizing existing programs available to them. Sometimes if a program is not used in this area the assets and resources are allocated to other parts of the state, or country if they are federal programs. Supervisor Clark wanted to keep this company in Western New York because of the jobs involved and noted that a strong Buffalo was good for the area. He did not believe it would be prudent to take any chance with existing jobs considering the fragile economic and job environment in Western New York.
6-B LEGAL NOTICES 3. (continued) Councilman Graber did not believe it was prudent for the Buffalo Common Council to extend an existing Empire Zone to include $650,000 townhouses. The owners of the townhouses will only be paying $800 annually in taxes for the next six years, and saving $100,000 over a ten year period. Councilman Graber stated that he was totally in favor of jobs and economic development, but he did not believe the Buffalo Common Council should have extended the Empire Zone to provide tax abatements to very expensive townhouses catering to the wealthy. He thought that a message should be sent to the Buffalo Common Council, stating that this is not what the Empire Zone is about or what the abatements were intended to be used for. Supervisor Clark understood Councilman Graber’s point but did not believe that should be linked to this company that was trying to stay in business.
4. Motion by Councilman Osmanski, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER AN INCREASE AND IMPROVEMENT OF THE FACILITIES OF WEST SENECA WATER DISTRICT NO. 3, CONSISTING OF THE INSTALLATION OF APPROXIMATELY 600 LINEAL FEET OF 8” PVC WATERMAIN ALONG THE WEST SIDE OF LEYDECKER ROAD FROM SOUTHWESTERN BLVD. TO THE PUMP STATION, INCLUDING ALL HYDRANT AND VALVE ASSEMBLIES, ETC.” in the Town of West Seneca, be received and filed.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Town Attorney Timothy Greenan noted that if the board members would be acting on this item they would first have to act on Communications Item #6 and issue a Negative Declaration with regard to SEQR for the project. Councilman Hicks questioned if this was a relining project. Town Engineer George Montz responded that there was a problem in this area with water pressure and flow in the existing watermain being low. A pump station was connected to it and the pump station used the watermain to fill the water tower, but when the pump station kicks on water pressure and flow drops. The new watermain will bypass this and stabilize the water pressure and flow. No comments were received from the public. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to issue a Negative Declaration with regard to SEQR for the Leydecker Road Watermain Loop Project.
6-B LEGAL NOTICES 4. (continued) Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize an increase and improvement of the facilities of West Seneca Water District No. 3, consisting of the installation of approximately 600 lineal feet of 8” pvc watermain along the west side of Leydecker Road from Southwestern Blvd. to the pump station, including all hydrant and valve assemblies, etc., noting that the project will be charged to Water District No. 3 and residents over a 15-year period on a benefit basis, will be financed by the town by the issuance of serial bonds in an amount not to exceed $80,000 and the average annual cost for a typical home on a 100-foot wide lot will be $3 per year.
5. Motion by Councilman Osmanski, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS AND, IF NEED BE, ACT UPON LOCAL LAW NO. 5 OF THE YEAR 2007, THAT WILL AMEND CHAPTER 101 OF THE TOWN CODE WITH REGARD TO SOLID WASTE” in the Town of West Seneca, be received and filed.
Motion by Councilman Osmanski, seconded by Councilman Hicks, to open the public hearing.
Town Attorney Timothy Greenan stated that this issue was brought to the attention of the Town Board through Councilman Hicks and Highway Supt. Patrick Finnegan to address some problems being experienced by the City of Buffalo and other municipalities that are taking extra steps to contain trash and avoid rodent problems. There were two essential changes proposed for the Solid Waste Ordinance. The first was a change to the definition of garbage receptacle in order to regulate not only garbage cans at the road, but also dumpsters at private businesses. The other change was an amendment to Section 101-6(c) dealing with garbage and recyclable receptacles to eliminate the ability to store garbage at the road in a paper or plastic bag and requiring that garbage be placed in airtight solid containers. Councilman Osmanski questioned Section 101-6(d) that states, “Recyclable material shall be stored only in covered galvanized metal containers with handles and tight lids designed for that purpose. No metal container shall exceed twenty (20) gallons in capacity or fifty (50) pounds in weight when filled.” Mr. Greenan stated that this was part of the existing Section 101-6 that was not repeated in full, but the previous section goes through in detail how the material is to be prepared. This language was inconsistent with the previous section and should be stricken in its entirety. Supervisor Clark was aware of the ever increasing problem and concern with respect to the rodent population and the dangers that it posed to public health and safety, but he wanted to ensure that everyone understood the impact of the proposed amendments. He questioned whether the board members should adopt the amendments at this meeting or hold the public hearing open to give proper warning and solicit additional comments. Councilman Hicks stated that the law currently exists in Erie County and New York State for storage containers made of vinyl or galvanized metal and the proposed amendments will comply with that. The residents will have to be given plenty of time to comply, so there will probably be a three-month grace period to allow them time to get the proper container. Supervisor Clark stated that in some cases it might be multiple containers or people might have to set aside an area to store the containers.
6-B LEGAL NOTICES 5. (continued) Councilman Hicks thought that most people already had containers, but rather than put the container out to the road they just put the garbage bag at the road. Councilman Graber understood that the town was in violation of the Solid Waste Management Act of 1988 and that was the reason for this amendment. Mr. Finnegan stated that the town was currently in violation of the NYS Property Maintenance Law and Erie County Health Code. Councilman Bove questioned how the residents would be notified and if there would be penalties if they do not comply by a certain date. Mr. Finnegan stated that he planned to distribute literature to the residents. Councilman Hicks stated that the County was currently working with Tonawanda and Amherst on designing literature for mailing. Supervisor Clark questioned the enforcement plan. Mr. Finnegan responded that there would be warnings and then fines. Currently it was up to a $250 fine for violation of the town ordinance. Mr. Greenan stated that typically the local Justice Court has not found the need to get involved since people generally comply over a period of time when there garbage is not picked up because it is not contained properly. Councilman Hicks stated that the driver currently leaves the resident a notice of violation form and the same procedure would be followed after the amendments are adopted. Mr. Finnegan noted that the notice of violation is the first warning and notice of what is being done wrong. Councilman Hicks stated that the notice of violation was more to educate the residents; they were not looking to fine everyone that did not have a garbage container. Councilman Bove commented that this amendment was a preventative step to keep the rodent problem in other towns from migrating into West Seneca. Supervisor Clark questioned the effect this will have on the laborers in the Sanitation Department. Mr. Finnegan responded that there currently were plenty of cans at the road, but it was easier to grab a plastic bag than to lift a can, empty it, and put it back. Councilman Osmanski commented that this was a good public health practice and the amendments should be adopted. Councilman Hicks noted that the County had approached the town and asked for participation to stop the problem from spreading into the southtowns. Michael Lowe, 98 Southgate Drive, understood that some towns were providing containers for the residents. He did not care either way but thought that some care should be taken by town employees to not damage the containers.
6-B LEGAL NOTICES 5. (continued) Councilman Hicks stated that the sanitation laborers and foremen will be notified about putting the garbage can back in place along the road. He commented that it would take cooperation by the Sanitation Department and the community. Mr. Lowe questioned if garbage containers with the lid attached were acceptable. Mr. Finnegan stated that they were acceptable but he did not recommend this type of container because they were difficult to empty with the lid attached and that is how they got damaged. Michael Kelchlin, 5622 Seneca Street, commented that the town sanitation workers were doing a fantastic job. He noted that they had 700 to 900 stops per day and 90 percent of the cans were overweight. Councilman Hicks agreed that the sanitation workers were doing a great job and understood that the cans were heavy, but if everyone cooperated, including the residents, he thought this would work fine. Karen Lucachick, 61 Greenmeadow Drive, questioned if the board members were at all considering purchasing totes. Councilman Hicks responded that they had considered this, but it was quite an expense so they decided to try this and see how it worked out. They might be forced to go this route, but a tote was anywhere from $60 to $75. Mrs. Lucachick understood there were totes available for $47 and $49. Councilman Hicks questioned how long those totes would last and noted that the totes Amherst purchased were guaranteed for life and would be replaced. Mrs. Lucachick responded that the Amherst totes were 95 gallons and cost $50 each. Councilman Graber noted that at a cost of $50 each per household it would cost $950,000 for totes. Councilman Hicks stated they would also have to convert the garbage trucks to lift the totes. Mrs. Lucachick questioned if the town would consider purchasing the totes for residents that wanted to buy them. Councilman Hicks stated that the totes were too heavy to lift and they had looked into converting the garbage trucks but would not be doing that at this time. Mrs. Lucachick thought that there will be a problem with regular garbage cans blowing around neighborhoods after they are emptied. Amy Carpenter, 406 Woodward Crescent, agreed that blowing garbage cans will be a problem and thought that the totes should be considered. She suggested purchasing them in conjunction with other towns to try to get the cost down. Gail Baumgarten, 9 Cove Hollow, commented that if garbage bags were no longer required and the garbage cans get knocked over and the lid falls off, there will be loose garbage all over the street. She questioned how this will solve or prevent a rodent problem and suggested that closed garbage bags be required to be placed inside the garbage cans.
6-B LEGAL NOTICES 5. (continued) Supervisor Clark thought that very few people would use anything but plastic garbage bags, but if this became a problem, they could amend the ordinance. Mrs. Baumgarten questioned how residents should dispose of shredded paper. Mr. Finnegan responded that shredded paper should be put in a paper bag in the recyclable container for pickup by BFI. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Councilman Osmanski, seconded by Councilman Hicks, to adopt Local Law No. 5 of the year 2007, amending Chapter 101 of the Town Code with regard to solid waste as presented, noting that proposed Section 101-6(d) shall be omitted from the adopted ordinance and sub-paragraphs (e) & (f) will be re-lettered as (d) & (e).
*APPENDICES* 6. Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER, DISCUSS, AND IF NEED BE, ACT UPON LOCAL LAW NO. 6 OF THE YEAR 2007 THAT WILL REGULATE BILLBOARDS” in the Town of West Seneca, be received and filed.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
Deputy Town Attorney Paul Notaro stated that Local Law No. 6 will amend the Sign Ordinance, Section 120-40, with regard to billboards. The amendment involved the following additions to the definition section: 1) attached billboard; 2) back-to-back (pedestal) billboard; 3) front & face of a building; 4) ground billboard; 5) roof billboard. There was also a proposed amendment to the application process wherein the design of the billboard will have to be presented to the Code Enforcement Officer for the application to be approved. The application will then go to the Planning Board and Zoning Board for its approval. In addition, Section 120-40.14 begins to limit where billboards can be placed. The zoning is only in an M-1 or M-2 zoning and the spacing is not closer than 1250 feet. A billboard height should not exceed 35 feet from ground level and the maximum square footage including border and trim is 300 square feet of signage. The billboard should not be within 300 feet of a residential section, a private or public school, or a bridge crossing and cannot obstruct the ingress/egress of any facility. Lighting is not allowed after midnight or before 7:00 A.M. and must be designed and shielded so it does not glare or encroach on an adjoining property. The required setbacks of the billboard are the same as for any building in an M-1 or M-2 zoning. Councilman Bove questioned if the billboard that was recently proposed for Union Road would be allowed under this ordinance.
6-B LEGAL NOTICES 6. (continued) Mr. Notaro responded that a billboard would not be allowed at that location because it is a C-1 zoning district and within 300 feet of a residential district and a bridge crossing. The billboard would be allowed on the manufacturing property across Route 400 provided it was not within 300 feet of a residence on that side. The billboard that was constructed on Orchard Park Road about one year ago would also not be allowed under this ordinance because of its proximity to the bridge crossing on Orchard Park Road. However, a billboard could be constructed on other portions of that parcel or on the old Seneca Mall parcel. Councilman Osmanski questioned if the illumination could be eliminated. Mr. Notaro advised that the ordinance could prohibit illumination if the Town Board so desired. Supervisor Clark questioned if that would be viewed as unconstitutional or unreasonable. Mr. Notaro did not believe it would be considered a violation of rights or unconstitutional because they were allowing the billboard to be placed, but he had not found any case law on this issue. Councilman Osmanski commented on the billboards along Route 400 and how they light up the back yards of the houses on the opposite side of Route 400. Supervisor Clark thought that the Lighting Ordinance would protect that and they had talked about strengthening that ordinance. He was concerned about prohibiting lighting in some of the uninhabited areas along the NYS Thruway and noted that billboards generate a significant amount of tax revenue. Councilman Osmanski stated that he wanted to eliminate the lighting because he did not see any reason for billboards to be lit up like a stadium. Supervisor Clark thought that if the billboards could not be lit up at least partially in the evening they might not be economically viable and may not be constructed. Although he did not like billboards and understood that people did not want them near their houses, they required no services and their assessments were $150,000 to $200,000 per unit. Councilman Hicks suggested limiting the time that billboards are illuminated until midnight. He further commented that other than along Route 400, billboards were predominantly in non-residential areas. Councilman Graber agreed with Councilman Osmanski’s comments on the lighting and stated that a lot of planners across the United States believe the lighting problem could be eliminated if the light is placed on the top and directed downward, rather than on the bottom facing upward. He suggested limiting the illumination and requiring that it only be placed on top of the billboard and directed downward. Mr. Notaro stated that the ordinance did not designate the direction of the light, but it did specify that the maximum foot candles allowed to spill onto the adjoining property was 1.5. The lighting plan must be submitted to the Code Enforcement Officer with the application and it will then be reviewed by the Planning Board and Town Board. Councilman Osmanski did not believe that the proposed ordinance would prevent a huge sign that is 40 feet in the air from being in a resident’s back yard. Mr. Notaro thought the ordinance would control anything locating in a residential area because of the M-1 or M-2 zoning requirement and the 300 foot distance requirement from residential property or a school.
6-B LEGAL NOTICES 6. (continued) Bronislaus Michalczak, 211 Warren Avenue, stated that the lights along Route 400 were offensive to all the neighbors. He did not believe the town needed any more signs. Councilman Osmanski questioned if the proposed ordinance would prevent another billboard from locating along Route 400 where the existing billboards are located. Mr. Notaro stated that another billboard would not be allowed within 1250 feet of the existing billboards, so no more billboards could be added to that area. Councilman Hicks questioned if the town could be sued if they eliminate lighting from the ordinance. Mr. Notaro responded that anyone could challenge a law as unconstitutional. Town Attorney Timothy Greenan stated that he had discussions on this with Tom Knab, an attorney with Hiscock & Barclay, who is an expert on what can and cannot be done with regard to billboards. In the last three to five years, the Town of Orchard Park passed a law written by Mr. Knab that totally outlawed billboards. Mr. Knab advised that there was a significant amount of restrictions that could be placed on billboards, and Mr. Greenan thought that lighting would be included. The town could significantly regulate where they go, how they go, and eliminate them completely over time by grandfathering them out. What was proposed at this meeting was a first step and the Town Board could take additional steps in the future. Mr. Greenan suggested that the Town Board consult with Mr. Knab if they want to eliminate lighting altogether or eliminate billboards from certain zones to ensure that their actions are effective and constitutional. Councilman Bove noted that the reason for these amendments was because in the past the Town Board denied certain billboards and the applicant was able to win in court. She thought the proposed amendments were a good first step in putting restrictions on the construction of billboards. Councilman Graber commented that there were a number of residents that were not happy about the lighting on billboards and he thought that they should put restrictions on the lighting if possible. Mr. Greenan did not believe there was any provision in the proposed ordinance for amortizing out the existing billboards. If the Town Board was going to propose that henceforth lighting would not be allowed on billboards and the intent was to also eliminate lighting on the existing billboards, they would have to come up with a mechanism to enforce that. The Town of Orchard Park invested close to $200,000 in outside counsel that fought the issue of billboards in the New York State Court of Appeals and was successful on all counts. He suggested that if the Town Board wanted to go further with this, it would be worth a small investment for the expertise. Amy Carpenter, 406 Woodward Crescent, stated that she was encouraged that the Town Board was attempting to make these laws stricter and questioned if there was an overlay for the M-1 and M-2 zoning areas. Mr. Notaro stated that a zoning map was available indicating the M-1 and M-2 zoning areas. Motion by Supervisor Clark, seconded by Councilman Hicks, to close the public hearing.
6-B LEGAL NOTICES 6. (continued) Motion by Supervisor Clark, seconded by Councilman Hicks, to adopt Local Law No. 6 of the year 2007 regulating billboards in the Town of West Seneca. On the question, Supervisor Clark stated that he understood the concern about lighting, but he was concerned about doing it wrong and the town getting sued. Sometimes the Town Board tries to do the right thing to protect the residents, but they end up going to court and the Judge then makes the decision. He suggested that the Town Attorneys do some additional research after this is adopted and consult with Hiscock & Barclay for their opinion on what can and cannot be done with regard to lighting. Councilman Graber referred to Section 120-40.14(c)(3) and suggested that it read, “A billboard with display lighting shall be constructed with top mounted lights so that it does not glare upon adjoining property and shall not exceed a maximum foot-candle of 1.5 upon the adjoining property.” Motion by Councilman Osmanski, seconded by Councilman Bove, to amend the motion and adopt Local Law No. 6 of the year 2007 regulating billboards in the Town of West Seneca but strike all references to illumination of billboards for future applications. On the question, Councilman Osmanski stated that the town residents do not like billboards or the lighting from them, and although Supervisor Clark sees the economic side of billboards, the residents do not see where the economics makes up for the ugly aesthetics in town. He could not see any reason why the Town Board would adopt an ordinance that contained standards for lighting billboards. Supervisor Clark stated that he was concerned about this not being legal and the town losing in court. Councilman Osmanski responded that Mr. Greenan and Mr. Notaro both believe that it is legal for the town to prohibit lighting of billboards. Councilman Hicks questioned what would happen if the town goes to court over this and loses. Councilman Osmanski did not see why the town would lose in court if they have the right to restrict lighting. The only reason they lost in the past is because they did not have a billboard ordinance. With regard to the amortization of the existing lights, Councilman Osmanski agreed that this issue would need further legal research and that the Town Attorney’s Office should continue to pursue this. Councilman Osmanski also did not see where the residents would have a problem with the loss of tax revenue from a few billboards. Supervisor Clark noted that there were also members of the business community that deserved representation and to have their point of view recognized. Councilman Hicks was looking for some guarantee that the town would win if this issue were to go to court. Mr. Greenan responded that if the court were to rule that the town is improper in telling someone that they cannot light a billboard, the conclusion would be that the particular sign, that met all the other requirements of the ordinance, would then be lit. He did not believe there was any problem with regulating lighting on billboards or eliminating lighting, but noted that there was no guarantee someone will not find that existing billboards that have lights were preferentially treated.
6-B LEGAL NOTICES 6. (continued) Councilman Graber questioned if the Orchard Park litigation was still going on and how much money had been spent on it. Mr. Greenan responded that the litigation was still going on as of a couple of months ago and they had spent hundreds of thousands of dollars. Supervisor Clark commented that he was afraid of this costing the Town of West Seneca hundreds of thousands of dollars and Mr. Greenan and Mr. Notaro were not absolutely sure on this issue. Councilman Osmanski noted that the Town of Orchard Park was totally prohibiting billboards and that was entirely different from what was being proposed here. Councilman Graber agreed and stated that the worst case scenario would be that the town is sued and lights are allowed.
*APPENDICES* 6-C COMMUNICATIONS 1. Supervisor Clark re Ratification of White Collar labor contract Motion by Supervisor Clark seconded by Councilman Osmanski, to ratify the proposed collective bargaining agreement with the CSEA White Collar Unit retroactive to January 1, 2006 through December 31, 2009. On the question, Supervisor Clark stated that as part of an overall collective bargaining strategy to move the town to a single health insurance carrier and to control costs of retiree health insurance coverage, the town was working on a new collective bargaining agreement with the CSEA White Collar Unit. The proposed agreement allowed the town to go to a single carrier with a targeted plan to accomplish this with the whole town. There was some modification to prescription drug coverage for employees with selected types of traditional coverage. The savings that will result from the White Collar Unit alone after single carrier coverage will be $159,000 per year. It will also allow the town to provide coverage under a less expensive Senior Blue product when a retiree becomes Medicare eligible, a savings of almost $6000 per year, per retiree. Wage increases for white collar employees are 3 percent per year; however, the savings to the town from the change in health insurance is dramatic. Supervisor Clark thanked Labor Counsel Sean Beiter and Comptroller Charles Koller for their work on negotiating this contract.
2. Supervisor Clark re Support for creation of weather museum Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached resolution supporting the creation of a weather museum as a downtown family attraction. On the question, Supervisor Clark stated that Dr. Kate Foster of the University of Buffalo was advocating an interactive weather museum that could attract tens of thousands of visitors to Downtown Buffalo. Not many places had a weather museum, but it might be a unique cultural attraction considering the varied weather in Buffalo.
*APPENDICES*
6-C COMMUNICATIONS 3. Supervisor Clark re Resignation of Andrea Diegelman as part-time Clerk Typist at Historical Society Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Andrea M. Diegelman and terminate her as part-time Clerk Typist at the West Seneca Historical Society effective March 27, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
4. Supervisor Clark re Appointment of Marie Brombos as part-time Clerk Typist at Historical Society Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint Marie Brombos as part-time Clerk Typist at the West Seneca Historical Society effective May 15, 2007 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
5. Town Attorney re Mandatory training for Planning & Zoning Boards Motion by Councilman Osmanski, seconded by Councilman Hicks, to adopt the attached resolution implementing mandatory training for the town’s Planning and Zoning Boards and delegate the authority to determine suitable training to the respective chairs of the Planning and Zoning Boards. On the question, Councilman Bove stated that the town recently voted to implement site plan approval so the Planning & Zoning Board members had to be more familiar with the process. She was happy about the mandatory training which would be an annual requirement. Councilman Osmanski commented that the Planning & Zoning Board members were already voluntarily going through planning sessions this year.
*APPENDICES* 6. Town Attorney re Negative Declaration on Leydecker Road Watermain Loop Project Adopted as part of Legal Item #4. 7. Town Attorney re Bid date for concession stand at West Seneca Soccer Complex Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of May 24, 2007 at 10:00 A.M. for receipt of bids on the concession stand at the West Seneca Soccer Complex.
8. Town Attorney re WNY Umpires’ Association agreement Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2007 agreement between the Town of West Seneca and the Western New York Umpires’ Association at a cost of $36 per umpire, per game officiated, that being the same cost as last year.
6-C COMMUNICATIONS 9. Town Attorney re Status change for part-time Law Clerk Robert Christie to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Law Clerk Robert M. Christie to part-time seasonal effective May 23, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
10. Town Attorney re Status change for part-time Law Clerk John Fenz to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of part-time Law Clerk John Fenz to part-time seasonal effective May 16, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Deputy Town Attorney re Tower lease agreement with County of Erie Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute a tower lease agreement between the Town of West Seneca and the County of Erie that will allow the Erie County Department of Central Police Services to locate communication equipment on the Town of West Seneca safety tower for a term of five years at no cost to the county.
12. Town Engineer re 2006 Annual Stormwater Management Plan Motion by Councilman Osmanski, seconded by Councilman Bove, that the 2006 Annual Stormwater report prepared by the WNY Stormwater Coalition will be available for public review in the Town Clerk’s office May 15 – 18, 2007 from 8:00 A.M. until 5:00 P.M. On the question, Councilman Osmanski questioned if this report could be posted on the website. Town Engineer George Montz responded that the report was quite lengthy, but he would check to see if it could be put on the town’s website.
13. Town Engineer re Gas Light Conversion Project, change order #2 Motion by Councilman Osmanski, seconded by Councilman Graber, to approve change order #2 in the amount of $58,584 for Siemen’s Building Technologies, Inc., 85 Northpointe Pkwy., Amherst, NY 14228, for performing various items of extra work on the Gas Light Conversion Project, Job No. G-0604. On the question, Town Engineer George Montz stated that the change order included three items – 1) additional fixture and pole storage required due to the length of the overall project; 2) additional electrical junction boxes, wiring, etc. necessary for good wiring practices under the electrical code; 3) additional underground wiring in Lighting Districts #8 and #10 to redesign the routing where the town was not able to obtain easements.
6-C COMMUNICATIONS 14. Town Engineer re Bid date for Leydecker Road Watermain Loop Project Motion by Councilman Osmanski, seconded by Councilman Bove, to set a bid date of June 5, 2007 at 10:00 A.M. for receipt of bids on the Leydecker Road Watermain Loop Project, Job No. L-0607.
15. Town Engineer re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of the following vouchers for the Engineering Department: Waste Stream Technology, Inc.
(quarterly sampling reports) $1758.00
16. Highway Supt. re Title change for William Schwartz to Highway Working Crew Chief Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint William Schwartz as Highway Working Crew Chief, Group 6, Step 5, at a rate of $23.95, effective May 7, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
17. Highway Supt. re Termination of John Langdon as Highway Laborer Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate John Langdon as Highway Laborer effective April 23, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
18. Highway Supt. re Military leave of absence for Joseph Steen Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a military leave of absence for Joseph Steen effective May 3 – 6, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6-C COMMUNICATIONS 19. Highway Supt. re Appointment of summer help in Highway Department Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following summer help in the Highway Department at a rate of $7.15 per hour effective May 14 – September 7, 2007:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
20. Highway Supt. re Termination of sanitation alternates Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate the following Sanitation Alternates effective May 14, 2007: Mark DeJames and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
21. Highway Supt. re Status change for sanitation alternates to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following Sanitation Alternates to part-time seasonal effective May 14 – October 12, 2007:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
6-C COMMUNICATIONS 22. Highway Supt. re Appointment of summer help in Bldgs. & Grounds Department Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint the following summer help in the Buildings & Grounds Department at a rate of $7.15 per hour effective May 14 – September 7, 2007:
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
23. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of the following vouchers for the Highway Department: Chudy Paper Co., Inc. (janitorial supplies) $2183.00
24. Chief Gehen re Appointment of Don Littler as temporary full-time Public Safety Dispatcher Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatcher Don Littler to temporary full-time Public Safety Dispatcher effective May 3, 2007 at a rate of $18.39 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
25. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1775 to George’s Collision for repairs to car #22.
26. Town Clerk re Attendance at NYALGRO annual school Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Town Clerk Patricia DePasquale to attend the New York Association of Local Government Records Officers annual school in Hunter, New York, June 10 – 13, 2007 at a cost not to exceed $850.
6-C COMMUNICATIONS 27. Comptroller re 2006 budget amendment Motion by Councilman Osmanski, seconded by Councilman Graber, to adopt the following resolution:
28. Code Enforcement Officer re Height variance for hotel on Slade Avenue Motion by Councilman Osmanski, seconded by Councilman Graber, to grant Ellicott Development Company a height variance from 40 feet to 64’2” for a proposed six-story hotel building to be located on Slade Avenue.
29. Assessor re Attendance at appraising seminar Motion by Councilman Osmanski, seconded by Councilman Bove, to authorize Assessor Edward T. Toy and Erik Finbar to attend a seminar on appraising at Cornell University, Ithaca, New York, July 16 – 20, 2007 at a cost not to exceed $1800.
30. Animal Control Officer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1703.24 to Renovic, Inc. for a new transmission for the Animal Control Officer’s van.
Supervisor Clark abstained from voting on this item because Renovic Inc. was a client of an accounting firm that he had a financial interest in.
6-C COMMUNICATIONS 31. Recreation Director re Pay scale for Recreation Department employees Motion by Councilman Osmanski, seconded by Councilman Hicks, to implement a new pay scale for Recreation Department employees as follows:
32. Recreation Director re Rate increase for part-time Clerk Typists T. Boltz & E. Clark Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a rate increase to $8.00 per hour for part-time Clerk Typists Theresa Boltz and Erin Clark effective May 20, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
33. Recreation Director re Appointment of part-time seasonal employees Motion by Councilman Osmanski, seconded by Councilman Bove, to appoint the attached list of part-time seasonal employees effective June 1 – September 30, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
*APPENDICES* 34. Recreation Director re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1780 to Laux Sporting Goods for softballs.
35. Youth Director re Revisions to Youth Board by-laws Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept and approve revisions to the West Seneca Youth Bureau/Board by-laws dated March 20, 2007.
36. Youth Director re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $2152.77 to IEvolve, Inc. for computer upgrades and $6983.93 to Dival Safety & Supply for supplies for the workforce development storm cleanup grant.
6-D REPORTS ISSUES OF THE PUBLIC STATUS OF SENIOR CITIZENS CENTER GRANT Bronislaus Michalczak, 211 Warren Avenue, President of the West Seneca Senior Citizens Center Board of Directors, questioned the status of the $90,000 grant they were awarded and what the money would be spent on. Town Attorney Timothy Greenan responded that the person that wrote the grant application was no longer with the town. The application was written with $90,000 matching funds from various budgets within the town, but this was not workable. They were in the process of finding another way to match the $90,000 that was awarded and that would be submitted to the County for their approval. Mr. Greenan understood that the improvements to be made at the senior center were a new air handler to provide better air circulation in the basement, paving in the parking lot, and a Master Plan for rehabilitation of the upstairs and whatever rehabilitation expenses they can afford with a focus on the ceiling and floor coverings. PETITION AGAINST REZONING OF 5626 SENECA STREET Mike Kelchlin, 5622 Seneca Street, referred to the rezoning application of Donald Denz for 5626 Seneca Street that was approved at a special meeting on May 7, 2007. He had circulated a petition against this rezoning and put it in the council members’ mailboxes prior to the first public hearing held on April 23, 2007. Councilman Hicks, acting as Deputy Supervisor at that meeting, showed Mr. Denz the petition signed by neighbors that were opposed to the rezoning, but nothing was stated in the minutes of the meeting. Councilman Hicks stated that when a petition is submitted to the Town Board, the board members assume that it has been filed with the Town Clerk, but Mr. Kelchlin had not filed his petition with the Town Clerk. Mr. Kelchlin presented a copy of the petition to Town Clerk Patricia DePasquale and asked that it be noted in the record. PETITION AGAINST SIDEWALKS ON KNOX AVENUE Ken VanRemmen, 24 Knox Avenue, understood that his street was scheduled to be repaved along with sidewalks and curbs. He submitted a petition signed by 70 percent of the residents of Knox Avenue that were opposed to sidewalks on their street. Councilman Hicks suggested that Town Engineer George Montz send a letter to the residents asking for their preference on the sidewalks. Mr. Montz stated that they have in the past prepared formal petitions through the Town Attorney’s office and given those to a couple of the residents to circulate. Town Attorney Timothy Greenan reviewed the petition submitted by Mr. VanRemmen and noted that it clearly stated “residents of Knox Avenue opposed to sidewalks.” Councilman Osmanski thought it would be better for the Engineering Department to send a notice to the residents of Knox Avenue and ask them to send it back indicating whether or not they wanted sidewalks. Mr. Montz noted that over half the street currently had sidewalks.
ISSUES OF THE PUBLIC PETITION AGAINST SIDEWALKS ON KNOX AVENUE (continued) Mr. VanRemmen disagreed and stated that he lived on Knox Avenue for 45 years and only the middle block had sidewalks. He suggested that the sidewalks that were there be removed since those residents did not want them. Supervisor Clark thought that the Engineering Department should survey the residents of Knox Avenue to ensure that it is done properly. Councilman Hicks questioned if the existing sidewalks would be removed if the majority of residents wanted them taken out of the proposed project. Mr. Montz recommended that they be removed if the residents don’t want new sidewalks because the new road and curbs could not be graded to the old sidewalks. Councilman Osmanski questioned if the town would have the right to remove the old sidewalks if a resident wanted them to remain. Supervisor Clark thought that the town could remove the old sidewalks if they were located in the right-of-way. Dennis Saskowski, 301 Knox Avenue, presented pictures of the current parking situation on Knox Avenue and thought that sidewalks would create a problem with residents that have multiple vehicles. Since sidewalks were not supposed to be blocked, people will have to park on the street instead of their driveways, but it is easier to service the street for garbage, snow removal, and emergency vehicles when there are no cars parked on the street. Mr. Saskowski further noted a lamp post at 289 Knox Avenue that was being secured by a piece of rope from a Maple tree since the October storm. He asked that the proper department address this situation. GASLIGHT CONVERSION PROJECT Cindy Breski, 16 Old Farm Circle, referred to the gaslight conversion project in her subdivision and stated that her lawn was supposed to be restored to its original condition, but it had been 45 weeks and her lawn was still in disrepair. Mrs. Breski had e-mailed Supervisor Clark regarding this and her e-mail was forwarded to Town Engineer George Montz. Mr. Montz responded to her e-mail and stated that the town was aware of the landscaping problems and the concerns were forwarded to the general contractor with a request for a proposed work plan and schedule for completing this work in the next four weeks. Councilman Hicks stated that he had the work order for the areas being done and the order in which they were being done. He sympathized with Mrs. Breski and noted that he also did not have a lawn yet and his neighborhood was scheduled to be done last. Councilman Hicks stated that they were moving along with the restoration now and asked that Mrs. Breski be patient. He understood that everything was supposed to be done by mid June. Councilman Graber stated that he had driven around Mrs. Breski’s subdivision and could not tell that any trenching had been done. Mrs. Breski stated that they had hydroseeded the area but a few days later there was a torrential downpour and it all washed away. Weeds then grew in place of the grass. Some people seeded their own lawns, but she thought the contractor should be made to do it correctly. Mr. Montz noted that the contractor was required to double back and recheck the areas that were already landscaped. He would make sure that the contractor rechecked Mrs. Breski’s property.
ISSUES OF THE PUBLIC GASLIGHT CONVERSION PROJECT Mrs. Breski noted that last year the Town of West Seneca electricians were on Round Trail Road connecting the lights. Councilman Graber stated that they used the town electricians to turn on the lights because they were able to do it faster than NYSEG, and when the lights are turned over to the town, the town’s electricians will maintain them. The only thing NYSEG will do is change the bulb and the eye. RESIDENT COMMENTS ON APPEARANCE OF TOWN Johanna Guenther, 140 Neubauer Court, referred to an announcement in the Buffalo News about various town meetings taking place and questioned why West Seneca was not in it. Supervisor Clark responded that the announcement was made at the Town Board meeting but they had no control over whether the reporter put it in the paper. Mrs. Guenther commented on the appearance of the town and stated that even her son noticed that it was looking worse when he returned home from out-of-town. She referred to the boarded up businesses on Seneca Street and Union Road and stated that Blasdell had a nationally recognized person coming into their village to give them advice on how to beautify the village and make it more appealing. Mrs. Guenther commented that existing businesses could also improve their appearance as the businesses in Orchard Park did and she questioned why West Seneca did not have a plan to make the town look more presentable. Councilman Hicks responded that Orchard Park got $10 million from New York State for a revitalization project. Councilman Graber stated that there had been a public hearing on the widening of Orchard Park Road and the residents of that road attended the meeting and voiced their opinion against it. The project did not happen in West Seneca because of this, but it did take place in Orchard Park. Mrs. Guenther referred to businesses along Union Road and the amount of blacktop instead of green space. Councilman Osmanski commented that the newly adopted Site Plan Review ordinance will help with this. When a business wants to locate in West Seneca, their site plan will be reviewed by the town and they can be made to add landscaping, change the appearance of the building, etc. As part of the Comprehensive Plan, they will also be adopting zoning overlays that will dictate a certain look or feel for specific areas in town, such as the Gardenville district. Mrs. Guenther further stated that she was happy to see a woman on the Town Board, but she would also like to see a senior citizen as a board member to represent the large number of senior citizens in town. Paula Minklei, Orchard Park Road, responded to Councilman Graber’s comment and stated that the residents of Orchard Park Road had signed a petition asking for three lanes with a turning lane instead of five lanes, but New York State had their own plan and did not want to do that. It had nothing to do with beautification of the town. Councilman Graber stated that New York State walked away from the project and the representatives of the town at the time did not pursue the three lane project properly. The Town Board has since asked for the three lanes for Orchard Park Road.
ISSUES OF THE PUBLIC RESIDENT COMMENTS ON APPEARANCE OF TOWN (continued) Mrs. Minklei referred to Mrs. Guenther’s comments and stated that she was talking about beautifying the town and making it a walkable community. Councilman Hicks stated that they had talked about making the business district a town center, and they were counting on grant money but that never happened. Mrs. Minklei commented that there was still no plan for the town center and she thought there should be a plan in place so they were ready if money became available. Karen Lucachick, 61 Greenmeadow Drive, stated that the elected officials represent the citizens and they should be requesting a three lane highway for Orchard Park Road. Councilman Graber responded that the Town Board had asked for three lanes for Orchard Park Road. David Lawrence, formerly of the West Seneca Development Corporation, sent official notification to New York State for their scoping session. They also asked that the traffic study be updated because it was inadequate. Mrs. Lucachick thought that the town should again pursue this with the State because of the new developments on Orchard Park Road that changed the dynamics. Councilman Graber stated that he would personally ask Assemblyman Mark Schroeder to ask the New York State Department of Transportation to reconsider the three lane project on Orchard Park Road. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS APPOINTMENT OF CARL RADTKE AS LABORER IN SANITATION Motion by Councilman Hicks, seconded by Councilman Osmanski, to appoint Carl Radtke as Laborer in the Sanitation Department effective May 14, 2007 at a rate of $15.69 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
ERIE COUNTY WATER AUTHORITY AGREEMENT FOR KNOX AVENUE Motion by Councilman Graber, seconded by Councilman Hicks, to approve the agreement between the Town of West Seneca and Erie County Water Authority for replacement of the watermain on the Knox Avenue Reconstruction Project, Job No. K-0701, and authorize the Supervisor to sign the agreement subject to review and approval by the Town Attorney and noting that the estimated cost is approximately $340,000.
APPOINTMENT OF DAVID GEARY JR. AS PART-TIME LABORER IN SEWER SERVICE Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint David C. Geary Jr. as part-time seasonal Laborer in the Sewer Service Department effective May 15 – September 7, 2007 at a rate of $7.15 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
PRESENTATION OF COMMUNICATIONS BY BOARDS MEMBERS AND DEPARTMENT HEADS INTENTS AND PROCEDURES ADDITION TO TOWN CODE Councilman Osmanski stated that he thought there was supposed to be a public hearing at this meeting to act on the intents and procedures addition to the Town Code. Town Attorney Timothy Greenan responded that there was some question as to the text of this addition and he needed to refer back to the Master Plan to determine what the board was trying to accomplish with this. Councilman Osmanski stated that for each section of the Town Code there was a narrative explaining the intent of the section. Mr. Greenan stated that he would schedule this for the next Town Board meeting. SITE PLAN REVIEW PROCESS AND FEE SCHEDULE Councilman Bove stated that she and Councilman Osmanski had been working with Consultant Drew Reilly on adopting the site plan review process. She distributed this to each of the board members and attorneys and noted a change in the fee schedule. Motion by Councilman Bove, unanimous second, to adopt the site plan review process and revised fee schedule. On the question, Councilman Hicks questioned the SEQR fee. Councilman Bove responded that Mr. Reilly informed her that a SEQR fee was illegal. Councilman Osmanski advised that if it is determined that a project needs an environmental impact statement the town has the right to hire a consultant and have the applicant pay for the consultant. Code Enforcement Officer William Czuprynski stated that his department was just given this document three days ago, so they have not had sufficient time to review it and make comments. Town Engineer George Montz stated that his office just received the document this date. The board members were not aware that the departments had not had time to review the proposed site plan review process; and therefore, the motion was withdrawn. Councilman Bove suggested that a special meeting be called if the comments are received prior to the next Town Board meeting. Town Attorney Timothy Greenan stated that the fee schedule had to be approved in case someone came in and suggested that the board members adopt the fee schedule as presented. Councilman Osmanski agreed and stated that the process itself did not require Town Board approval. The process was an administrative issue; the fees were a legislative issue. Motion by Councilman Bove, seconded by Councilman Osmanski, to adopt the site plan fee schedule as proposed.
*APPENDICES*
PRESENTATION OF COMMUNICATIONS BY BOARDS MEMBERS AND DEPARTMENT HEADS PHASE 2 STORMWATER MANAGEMENT SERVICES AGREEMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the Supervisor to sign the Phase 2 Stormwater Management Services Agreement between the Town of West Seneca and the Stormwater Coalition. On the question, Deputy Town Attorney Paul Notaro noted that there was an opportunity with this agreement to reimburse the town for up to $14,000 for the work the Engineering Department and Town Attorney’s Office has been doing to get the new stormwater ordinance in order. Councilman Osmanski questioned if this was separate from the one that was previously approved. Mr. Notaro responded that this was the actual final form of what was approved.
PUBLIC HEARING ON LOCAL LAWS CONCERNING STORMWATER MANAGEMENT Motion by Councilman Osmanski, seconded by Councilman Graber, to schedule a public hearing for June 11, 2007 at 7:30 P.M. to consider, discuss, and if need be, act on Local Law No. 7 of the year 2007 prohibiting illicit discharges and activities connecting to separate stormwater systems.
Motion by Councilman Osmanski, seconded by Supervisor Clark, to schedule a public hearing for June 11, 2007 at 7:30 P.M. to consider, discuss, and if need be, act on Local Law No. 8 of the year 2007 with regard to the Stormwater Management Erosion and Sediment Control ordinance.
BILLBOARD APPLICATION FEE Deputy Town Attorney Paul Notaro referred to the Billboard Ordinance adopted earlier at this meeting and recommended that the Town Board set a fee of $1000 for billboard applications. Motion by Councilman Bove, seconded by Councilman Osmanski, to set a fee of $1000 for billboard applications.
ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Bove, to adjourn the meeting at 10:45 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |