West Seneca Town Board Meeting Minutes 12/17/2007
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. The meeting was dedicated to the memory of Alec “A.J.” Larson, Caroline P. “Carol” Lorigo, and Rafael V. Hernandez. 14-A MINUTES TO BE APPROVED
14-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 REZONING & SPECIAL PERMIT FOR PROPERTY LOCATED AT 475 EAST & WEST ROAD, BEING PART OF LOT NO. 375, CHANGING ITS CLASSIFICATION FROM R-60A TO C-1(S), FOR A CREDIT UNION OFFICE WITH DRIVE-THRU” in the Town of West Seneca, be received and filed. (WNY Federal Credit Union)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Timothy Greenan read the recommendation of the Planning Board: “At its November 8, 2007 meeting, the Planning Board recommended approval of the request for a rezoning and special permit for property located at 475 East & West Road, being part of Lot No. 375, changing its classification from R-60A to C-1(S), for a credit union office with drive-thru, conditioned upon the use being limited to a 5000 square foot or less bank building by footprint and the construction shall be a single story brick with gabled roof, dormers, and drive-thru facility.” Marie Betti, CEO, Western New York Credit Union, appeared on the request. Councilman Osmanski asked for clarification on the status of the two-story frame house at 475 East & West Road. Mrs. Betti responded that the Credit Union purchased that property also. As a credit union, they were not allowed to be landlords, and they plan to tear that down eventually.
14-B LEGAL NOTICES 1. (Continued) Councilwoman Bove asked if the Credit Union planned on buying out the lease. Mrs. Betti responded they would terminate the lease if the structure posed a problem in the placement of the Credit Union building. Councilman Osmanski asked Town Engineer George Montz to clarify the detention pond indicated on the plan and whether it met the storm water requirements. Mr. Montz responded that it has not yet been reviewed by his department yet, but a detention pond would be required. Councilman Osmanski noted that issues were raised at the Planning Board concerning location of the building, landscaping, and ingress and egress on East & West Road, but the project is before the Town Board for rezoning. He asked if special conditions could be addressed in the Board’s motion under the special permit status. Town Attorney Timothy Greenan stated that was correct. Karen Lucachick, 61 Greenmeadow, asked the location of the project on Union Road. Supervisor Clark stated it was on the southeast corner, across Union Road from where the dental offices are located. Mrs. Lucachick commented that the property had been filled in several years ago and questioned if the land was good to build on. Town Attorney Greenan stated that the area had been filled, but prior to the issuance of a building permit the architect would need to do soil borings to make sure there was appropriate compaction on the soil. Councilman Graber added there is also an existing drainage easement over which they could not build. Mrs. Lucachick asked if the entrance and exit would be located on East & West Road. Councilman Osmanksi responded there would be one on Union Road and one on East & West Road. The Planning Board recommended an egress only onto East & West Road. The petitioner is here tonight for a change in zoning only, with the specifics of the plan to be addressed through the site plan review process. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request for a rezoning and special permit for property located at 475 East & West Road, being part of Lot No. 375, changing its classification from R-60A to C-1(S), for a credit union office with drive-thru, conditioned upon the use being limited to a 5000 square foot or less bank building by footprint and the construction shall be single story brick with gabled roof, dormers, and drive-thru facility. On the question, Councilwoman Bove noted that the comprehensive plan was a three year process and dealt with management of growth. It does not support extending commercial use farther south than Cazenovia Creek, with the commercial area normally being around the Southgate Plaza and north. There were extensive traffic problems noted at the Planning
14-B LEGAL NOTICES 1. (Continued) Board as well as it not being an easy fit to drain. There was a concern that this would set a precedence for that corner to extend further commercial use. She asked Mrs. Betti if other locations in West Seneca had been considered. Mrs. Betti responded that the main sponsor for the Credit Union was the Developmental Center. The Willowdale location had been chosen because they did not want to move too far away from the Center. Other locations had been considered, but they wanted the Credit Union to be located between Reserve and the 400 to accommodate West Seneca residents and the employees at the DDSO and the Childrens’ Psychiatric Center. Councilman Hicks asked the hours of operation. Mrs. Betti stated the Credit Union is open 9 to 5, Monday through Friday. They are currently not open on the weekend. Councilman Hicks felt this project made sense for that corner, the location of which has generated interest for a number of years. There will be limited hours of operation with low traffic and no interruption to the neighborhood. There will be a drive-thru to the rear which will have limited use. A special permit allows the Town Board to place restrictions on the property by changing it to C-1 and not limiting it to R-60, and the project will benefit the area. Councilwoman Bove noted that First Niagara merged with Greater Buffalo Savings Bank and the Greater Buffalo Savings Bank location on Orchard Park Road will be vacated in February. The town is always looking to re-house vacated areas and this particular location is an existing bank today that would house what the Credit Union needs, including a drive-thru which is important to the petitioner. She had contacted the property managers for First Niagara and Wegman’s and suggested Mrs. Betti contact them. Mrs. Betti responded that she had looked into that building and contacted Wegman’s several years ago. It was intended at that time to be a Chase Bank but was never opened. That was a lease situation, but the Credit Bureau has limited income and needs to own rather than lease a building. Councilwoman Bove also was advised there were people within the building who would be out of work as well and offered Mrs. Betti a contact name for potential hires in the future. She felt the Orchard Park Road location was a better fit since it was already a bank and would be vacated. Mrs. Betti responded that she was unaware of the size of that particular building. The Credit Union does not have enough space at its current location. The Credit Union is a stand alone operation, not connected with other credit unions or banks, and their headquarters is not located elsewhere. There needs to be enough room for storage of records and future growth. Councilman Graber noted this area is not strictly residential. One zoning cannot be changed over another, even with the Comprehensive Plan. This is currently zoned R-60A which allows an insurance office, a mortuary, an art, dance, music, photography studio, an optician, a fire station with club facilities, meeting rooms for private club, lodge, fraternal organization, a medical building consisting of offices or clinics for doctors, dentists, chiropractors, podiatrists, nursing or a convalescent home, and up to and including a hospital. This particular project while not a residential home, does fit. That particular piece of property has been vacant since he has lived in West Seneca and while the town may prefer a couple brand new homes, this is an appropriate alternative and a better use than other allowable uses. Councilman Osmanski stated a recommendation had been received from the Planning Consultant for a C-1 on the initial application, and he would have opposed rezoning to the C-1
14-B LEGAL NOTICES 1. (Continued) classification because it does open it to such an extensive number of inappropriate uses. The Planning Board recommended a C-1(S), limiting it to the structure that is proposed and confined to the uses allowed in a R-60A, such as a single story medical office with gabled roof and 9 to 5 Monday through Friday business hours, which is exactly what the bank will be. He felt that was a good recommendation on the part of the Planning Board and despite the Comprehensive Plan recommending that commercial use not be extended, he felt in comparing it with a R-60A zoning allowed on this corner and the adjoining corner, this fits in with the nature and intent of a R60-A district. Town Attorney Greenan noted this will also need a SEQR finding prior to voting on the motion. Motion by Councilman Osmanksi, seconded by Councilman Hicks, to issue a Negative Declaration with regard to SEQR for a credit union office with drive-thru.
Supervisor Clark requested a new motion on the request for a rezoning and special permit. Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request for a rezoning and special permit for property located at 475 East & West Road, being part of Lot No. 375, changing its classification from R-60A to C-1(S), for a credit union office with drive-thru, conditioned upon the use being limited to a 5000 square foot or less bank building by footprint and the construction shall be single story brick with gabled roof, dormers, and drive-thru facility.
*APPENDICES* 2. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 3729 SENECA STREET, BEING PART OF LOT NO. 165, CHANGING ITS CLASSIFICATION FROM R-65A TO C-1, FOR A DAY CARE/CHILD CARE CENTER” in the Town of West Seneca, be received and filed. (Daniel & Kristin Vivian)
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
Town Attorney Greenan read the recommendation of the Planning Board: “At its November 8, 2007 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 3729 Seneca Street, being part of Lot No. 165, changing its classification from R-65A to C-1, for a day care/child care center.” Dan Vivian, appeared with realtor Tim Hourihan on the request for a change of zoning from R-65A to C-1 for property located at 3729 Seneca Street. Councilman Osmanski asked Code Enforcement Officer William Czuprynski to clarify this use as compared to what was there previously.
14-B & LEGAL NOTICES 2 . (Continued) Code Enforcement Officer Czuprynski responded that a problem developed in that area with the designation of zoning. The zoning map shows the whole area to be commercial, but the map is not exact. He reviewed the legal description of the park in the rear with Gerald Greenan, which was rezoned many years ago, and they determined the building next door is not commercial, but is actually an exception to it. The zoning map reflects it incorrectly to be commercial and it needs to be corrected. Councilman Osmanski noted the prior use of the property to be very similar to what is now being proposed tonight. He asked the petitioner to clarify what is being changed, if anything. Mr. Vivian responded that there will be a 16 x 30 ft addition on the front, with 520 sq ft planned for Phase II. The building is an L-shaped building and they would like to square the building off to make it look more uniform. They are investing $130,000 in the project and would like to make it look nice for the community. No comments were received from the public. Motion by Councilman Osmanski, seconded by Councilman Graber, to close the public hearing.
Motion by Councilman Osmanski, seconded by Councilman Hicks, to issue a Negative Declaration with regard to SEQR and approve the request for a rezoning for property located at 3729 Seneca Street, being part of Lot No. 165, changing its classification from R-65A to C-1, for a day care/child care center.
*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 A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 55 ANGLE ROAD, BEING PART OF LOT NO. 393, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR A 4-BUILDING, 32-UNIT APARTMENT COMPLEX” 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 November 8, 2007 meeting, the Planning Board recommended approval of a special permit for property located at 55 Angle Road, being part of Lot No. 393, changing its classification from C-1 to C-1(S), for an apartment complex with a maximum of three buildings, 24 units.” Ralph Lorigo, Esq., 101 Slade Avenue, appeared on behalf of Young Development. Mr. Lorigo stated he appeared before the Town Board in April of 2006 for final approval for another Young Development project called Fox Trace, comprising of 48-apartment units and some 500-600 feet away from this project on Southwestern Boulevard. The buildings proposed here are the same type structures that were approved for a change of classification from C-1 to C-1(S) for the Fox Trace project. The 48 apartments were constructed and immediately rented in the area of $850 per month. He presented an aerial photograph of the 2.6-2.8 acre site in the area behind what was the Benderson Plaza on Southwestern Boulevard. This is a
14-B LEGAL NOTICES 3. (Continued) C-1 district which allows what is permitted in a R-60 district and continuing back to a R-50 district which approves multiple dwellings. The proposed project is an upgrade in terms of what the zoning code allows, including retail sales, a picnic grove, professional service establishments, laundromats and the existing plaza. This is an R-50 type zoning and because it is an apartment complex, requires the special permit. There was an issue of bulk area raised at the Planning Board. The ratio of bulk area that this Board approved for Fox Trace was 184,000 sq ft to 243,00 sq ft., or a 76% ratio to what the town requires pursuant to town code. This project is exactly the same, with 123,000 sq ft to the 163,000 sq ft required under the code. Mr. Lorigo noted that Brian Young of Young Development has purchased the Benderson Plaza, and owns this land and the land in between. He is also constructing storage units previously approved by this Board and is the owner and operator of a seasonal landscaping operation across the street on the Elma side. The projects Mr. Young has developed within town have added substantially to the tax base, as this project will also. A meeting was held before the initial Planning Board meeting at which time the elements of the project were presented, and the concerns of the neighbors addressed in some small modifications to the plan. There was no substantial opposition at the Planning Board as reflected in the minutes. He presented two letters from neighbors on Carla Lane in support of the project and who are present tonight. Councilman Osmanski asked clarification on the landscaping plan presented to the Planning Board. Mr. Lorigo stated the landscaping plan presented to the Planning Board was substantial and no requests for changes were made. There was a concern on exiting out of the project for fire trucks and he indicated on the plan the curvature requested by the Town Engineer who made some comments, including a crash gate and stone pavers, which were incorporated into the plan. Councilman Osmanski referred to a concern of one resident that the landscaping did not extend far enough. Mr. Lorigo noted the area of concern and stated the additional landscaping was provided pursuant to that request. Brian Young indicated the trees along the north property line are 6-7 ft Colorado Spruce on the Carla Lane side and he also noted that the dumpsters were moved at the request of residents. Councilman Osmanski asked Town Engineer George Montz to comment on the detention pond. Mr. Montz stated he reviewed the detention pond which will be dry and without a fence. He did request some additional drainage in the parking lot. Town Attorney Greenan noted this is also subject to site plan review and in the event the Board approves 4 buildings instead of 3, the petitioner will need to apply for a variance as well. Councilman Osmanski commented that he agreed with Planning Board member Donald Mendola relative to the fencing around the R-V project ruining the look of the development and he would prefer not seeing a fence around the detention pond if possible. Councilwoman Bove asked if the requested revisions of the Town Engineer were incorporated in the new plan.
14-B LEGAL NOTICES 3. (Continued) Daniel Blamowski, FRA Engineering, 220 Red Tail, Orchard Park, stated they did receive comments from the Engineering Department but are waiting for site plan review prior to making any revisions to the plans. There is no problem with the recommendations. Mr. Lorigo noted rezoning projects initiate with the Town Board and then go to Engineering. In this case, they did go to Engineering first, the Town Engineer submitted comments, and the petitioner is aware that changes must be made pursuant to those comments. The site plan review process may modify some of the engineering aspects. The project cannot be built without approval of the Town Engineer. Councilman Osmanski noted that in the past the Engineering Department has not always been involved enough up front and if a project is approved by the Town Board, but then subsequently does not meet the standards of Engineering, it cannot be built and has to be totally revised. The Town Board has been attempting to have the Engineering Department review the project for “project breakers” that would require a developer to go back to the drawing board prior to approval, thus sparing developers added expense in continually redrawing the plan. Mr. Lorigo responded that the general policy is not to go to the Town Engineer first, but Mr. Young did so in light of the new site plan review process. He agreed that an application should have a cursory review of the Engineering Department with an acceptance on the part of the developer, but Mr. Montz has the ability to make additional comments. The comments incorporated in the November 5th letter are acceptable to Mr. Young and can be engineered into the project. Councilwoman Bove noted the density issue. Mr. Lorigo responded that issue was raised by the Planning Board. He has made the argument before this Board and the Zoning Board of Appeals on several occasions that the density must be determined in terms of the site itself. This particular site is not crowded by the buildings or the pavement and the ratio is reasonable. Historically, there have been density requirements when the land is used for recreational purposes by residents of the project, but that has not been proven to be true today. Mr. Lorigo advocated a change in the density ratios, but also noted that the various Boards have been reasonable with regard to looking at each project when making a decision. This proposed 32-unit project is the exact same ratio as the Fox Trace project and the developer still needs to appear before the Zoning Board of Appeals. Councilwoman Bove acknowledged the approval of the Fox Trace project in 2006, but noted this Board needs to follow the Comprehensive Plan as a guide. Mr. Czuprynski commented at the Planning Board that “the density issue is important to prevent an area from being congested and to allow emergency vehicles to maneuver the site.” This project appears to be all buildings and blacktop and questioned where families in this 32-unit development can enjoy green space. The issue of density is important and this Board needs to protect future residents of the project as well as those who live nearby. It is an issue of importance today as well as tomorrow. Mr. Hicks asked the average age of residents occupying this type of project. Mr. Young responded that the average age of residents in the Fox Trace currently is 55 years old. Councilman Hicks noted that Young Development in the past addressed the concerns of residents with the berm and extra trees in the Fox Trace development. The ratio issue is more associated with residential neighborhood where the houses are spread out. This is a
14-B LEGAL NOTICES 3. (Continued) more consolidated area. He resides behind the project and has not received any complaints or problems with parking. Mr. Hicks stated he is in favor of the 4 buildings and willing to forego the bulk issue in light of Mr. Young’s past accomplishments in other projects. Councilwoman Bove stated she is over 55 and if she lived there, would like to see more green space if grandchildren visited. Councilman Graber questioned the green space in terms of footage and noted the Planning Consultant’s comment that the application as submitted is missing identification of the square footage of open space. The Zoning Law requires 12,800 square feet of open space. Mr. Lorigo responded the project contains 1.3 acres of green space. There is 56,628 sq ft of grass. Mr. Czuprynski stated the ordinance requires 172,000 sq ft of bulk area for the project. The project is 1.38 acres, which equates to one-third of the required bulk area. Mr. Lorigo responded that the entire project is 2.6 acres. Mr. Czuprynski stated the project is approximately 72,000 sq ft short of the required area. Mr. Lorigo responded that is 76% of the required bulk area. Councilman Graber noted that there would be sufficient bulk area for three buildings. Mr. Lorigo responded that the economics of this project would not allow three buildings. The project has several potential uses under the ordinance. The intention is to build apartments but the economics hurt the developer in terms of less than 32 units. Councilman Osmanski noted that someone could build a cheaper and less attractive, less landscaped project with three buildings and its appearance would be poor. Lynn Scudder, 26 Colonial Manor Court, stated his opposition to this project which he felt will result in a lot of traffic on Colonial Manor Court where there are a number of children. There is a stop sign at Villa Maria which people go through now and he was concerned that there may be injuries in the future. Ron Piatkowski, 14 Colonial Manor, stated he was opposed to the project based on the increased traffic and he did not feel it would enhance the neighborhood. This project is unlike Fox Trace on Southwestern. The developer is bringing an apartment complex in to Angle Road which is a residential neighborhood. This is boxed in between Wilson Farms and Carla Lane. Judy O’Mara, 7 Carla Lane, stated she did not believe four apartments buildings could fit on that plot of land. She felt it would cause a very congested situation. The people at the end of the street who live behind the RV dealership have RV’s in their faces with the elevation of the land. She stated the development of the whole section of Southwestern Boulevard has been a disappointment to the residents on Carla Lane and this will cause a further downgrade to property values. The meeting scheduled for the residents was on election night and many residents were unable to attend. Craig Pressing, 11 Carla Lane, stated their property will abut the proposed apartment complex. They attended both the meeting held by Mr. Young and the Planning Board meeting. The way it was presented, together with the amount of landscaping and the proposed number of apartments present no problem to them. They would like to see every
14-B LEGAL NOTICES 3. (Continued) effort possible to maintain the existing tree line behind their home. There is a 30 ft green space that needs to be maintained between the apartment buildings and the homeowners’ lot lines. He felt it was a good transition from commercial to residential at this time. Mr. Young stated there is an existing major drainage problem through all the back yards. They will do everything possible to save the existing trees or in the alternative, plant lilac trees or other trees that will work with the water in that area. The engineer has resolved the water issue and it might be easier in certain areas that have been graded to remove the existing trees and put new ones in. Mr. Lorigo noted the water is a major concern for the people in Carla Land and the development actually eases the problem. The property is zoned C-1 and this is the textbook transition to put some type of multi housing on that site. It is difficult to judge how the project fits in on the site without looking at the photos and the plan. He indicated on the plan how the buildings are located in order to allow for less obstruction to the neighbors. There is 60% green area with the buildings comprising approximately 20% and the remainder being blacktop. The developer is respectful of the adjoining neighbors to shield what will be there. This is a large enough tract of land to have commercial development and is so zoned. This transition to residential is a better approach and an acceptable project to the town and its residents. Sharon Ehlers, 3 Carla Lane, stated her property is directly behind the proposed project. She is opposed to the project and felt four buildings were too much to fit in that area. There is a drainage problem which has existed for a long time and she felt the Carla Lane residents been abused over the last few years with all the construction in that area. The Buffalo R-V developer has failed to keep promises made to the residents. They did put the tree line up but the lights they promised would not shine in the residents’ windows, do shine in the windows. The propane tank has not been moved away from the houses, as promised. The developer stated the detention pond would not have much water, but is about three-quarters full all the time. She felt the proposed project is not conducive to harmony in that area. She was unable to attend the meeting held by the developer and does not agree with the stated green space or the buildings as described by Mr. Lorigo. There have been many promises made to Carla Lane residents and she felt the Planning Board and the Town Board have not always had the best interests of the residents at hand when decisions are made. She requested the vote be postponed until such time as the revised plans are submitted. Pat Ebert, 5 Southridge Drive, stated she lives a block from Carla and has resided there for 35 years. She noted she fought for the traffic light many years ago because of the number of accidents at that corner. Not only is it a small area in which to put that many buildings but 64 vehicles will be parked in the lot for 32 apartments. There is an existing water problem and she has water in her basement with every storm. Angela Barnes, 17 Carla Lane, stated she was in support of this project. She did come to the Town Board meeting on the Wilson Farms project which she felt was forced on the residents. She felt there would be little difference whether three buildings or four buildings are placed on that site. Mr. Young did take the time to meet with residents. The residents were not given that consideration when the Wilson Farms was proposed. Having a buffer of buildings will decrease the noise from Southwestern and the developer has taken into consideration green space area. Frank Stecher, 99 Angle Road, stated he lives at the corner of Carla Lane. He has seen the traffic increase since 1990 in this area and was not in favor of the plaza when it was proposed. He is concerned with increased traffic and the buildings proposed for that space. He felt the petitioner did a very good job with Fox Trace which is on Southwestern, a commercial area. It appears from the plans presented for this complex that the traffic flow will only increase and cause congestion.
14-B LEGAL NOTICES 3. (Continued) Amy Carpenter, 406 Woodward Crescent, stated her concern about increased traffic on Angle Road which is already a bottleneck with the light and the Wilson Farms. It is the choice of the developer whether to build three or four buildings and the Town Board should not place a decision based on it not being financially advantageous for the developer. She felt the Board should be more concerned with the Comprehensive Plan and about the Carla Lane neighbors who have supported this town for a number of years. Paula Minklei stated she was concerned with the continued placement of pavement and buildings in town with less and less ground for the water to soak into. There are water problems all over the town and it is time that the town stops covering open ground until the sewage and storm water problems are resolved. Suzanne Houlihan, 35 Carla Lane, stated the detention pond ends at her backyard but she received no letter to see the plans. She questioned whether there will be a another detention pond for this project, or if it will be hooked up to her detention pond, and whether it will have a fence. Councilman Osmanski stated this will be a new detention pond. Mrs. Houlihan stated she had three children and is concerned with safety. The existing pond is wet now and children were skiing on it. If there is no fence planned for a pond that will contain water, problems are bound to develop. There are a number of children in the area and this poses a dangerous situation. John Houlihan, 35 Carla Lane, asked when the fence around the existing detention pond will be finished. Children use it now for skating and riding bikes across it. Mr. Young stated they are in the progress of putting the fence up now. Mrs. Houlihan noted that they were approached on a Sunday at 6:00 to sign an easement which they chose not to do. John Zelli, 4 Carla Lane, stated there was opposition from the neighbors at the time the plaza was proposed. It was approved and the traffic now empties out from the plaza onto Angle Road which cannot handle additional traffic from this project. He gets all the garbage from Wilson Farms now and is opposed to this project. Mr. Lorigo stated the neighbors did receive a 20-day notice of the meeting which was held on election night. It was scheduled for 6:30 p.m. and lasted an hour with approximately a dozen people present. Those same people appeared at the Planning Board meeting and there was little opposition to the project. A special permit is being requested, not a change of zoning, to put apartment complexes on that site. Mr. Young still needs to go to the Zoning Board of Appeals on the density issue on the fourth building and would be willing to meet with the neighbors again on the plan which some neighbors may not have seen. This is the textbook type of transition from commercial to residential. The apartments in the other project were rented immediately in the $800 range and have brought in people, the majority of whom who are empty nesters without children. Most are retired, the traffic patterns are not the same, and Mr. Young is willing to perform a traffic study if that is deemed necessary. Mr. Young has done a number of projects in the area. He would like to have a good relationship with the neighbors and is willing to go the extra mile to satisfy them. Councilman Graber stated the people on Carla Lane have been exposed to a number of projects and from experience are aware it may be better to wait and appear at a Town Board meeting since the Town Board is the deciding body. Just because there were not people at the Planning Board does not mean there is no opposition. Mr. Graber was concerned with the
14-B LEGAL NOTICES 3. (Continued) lack of a legend on the plan with respect to open space. Many engineers coming before this Board have the exact calculations on open space, rather than giving vague quantities or percentages. Mr. Lorigo responded that 163,000 sq ft is required and the petitioner has 123,000. This is 40,000 sq ft short, or 76% of the required density. On the Fox Trace project, 184,000 sq ft was provided and 243,000 sq ft was required. For that project, Mr. Young was 60,000 sq ft short. It was basically the same density ratio, or 60%. This is a special permit situation for property that is properly zoned and the question before this Board is whether or not it is willing to give a special permit for utilization of the property as apartments. If the Board is willing to give a special permit, then the petitioner still has hurdles to cross. The current zoning allows the existing plaza or an extension of the plaza with all kinds of commercial operations along the rear of the plaza, resulting in more traffic going in and out of this location than would be from 32-apartment units. Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.
Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a special permit for property located at 55 Angle Road, being part of Lot No. 393, changing its classification from C-1 to C-1(S), for an apartment complex. On the question, Councilman Osmanski noted some of the residents felt the Planning Board or Town Board has not tried to protect the residents on Carla Lane in the past and he took exception to that statement. The Town has worked very hard to protect its residents and to identify the least offensive projects for development. Many people have a distorted view as to what can go there, such as the gentleman who stated he did not want to look at it. The owner of property has development rights to build per the zoning code, which for this particular piece of property is commercial. Just because it has not been developed so far does not mean it will not be in the future. The reality is that petitioner could put the back of concrete block buildings facing the residents’ backyards with little or no landscaping. The property owner has the right to do that and the residents would not be happy. As a Town Board member, he would not like to see that happen. The developer has a good track record on other projects in town and is proposing an ideal transition from commercial to residential. He is committed to spending substantial money to landscaping with screening and maintaining a buffer. The only access to the property is on Angle Road which is unfortunate, but he has the right to come out on Angle Road. Mr. Osmanski felt the traffic pattern would be less with apartments than with retail businesses. The history with this type of apartment complex is that tenants are 55 and over. The property is zoned commercial and what the Town Board is addressing is the special permit to allow multiple dwellings on the property. By law, the Town Board cannot deny the project, but it can be approved with special considerations so it has mitigating effects on the adjoining properties. This is a first rate developer who has proposed a great plan and it is a good transition from commercial to residential. Whether three buildings or four buildings, it will not make a large difference in the density issue or as it relates to traffic. The developer is making a huge commitment and investing a substantial amount of money in landscaping. Lastly, this complex is around the corner from the developer’s office making him visible to the community. Mr. Osmanski felt this was the best alternative to what else could go in there. Councilwoman Bove agreed that Mr. Young has developed good projects in the Town of West Seneca but also believed that each project must be evaluated on its own merits. The density issue is huge, this is too tight a fit, and does not conform to town code. Councilman Osmanski commented that the Town Board does not have the right to vote on
14-B LEGAL NOTICES 3. (Continued) density; it is voting on the special use permit as an apartment complex only. Supervisor Clark stated that potential renters of an apartment have the ability to view the green space and decide if it was adequate for their life style. For example, there is practically no green space at Colonial Manor and yet 96 residents do rent and purchase units there. No one is being forced to live in the apartment complex. Town Engineer George Montz has an excellent tract record of making sure projects do not add to the drainage difficulties of other projects and he will review this project to ensure that it meets all the requirements. Mr. Clark felt this project reflected a good mix of available senior and empty nest housing that is in demand in the Town of West Seneca and also mentioned in the Master Plan.
*APPENDICES* 14-C COMMUNICATIONS 1. Supervisor Clark re Retirement of James Duffey as Recreation Supervisor Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of James Duffey and terminate him as Recreation Supervisor – Senior Citizens effective January 2, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Duffey served the Town of West Seneca for over 31 years and 20 of those years as the Recreation Supervisor for the Senior Citizens Center.
Town Board members thanked Mr. Duffey for his years of service to the Senior Citizens Center and wished him well in his retirement. 2. Town Engineer re Bid date for Sanitary Sewer Repair Contract Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of January 22, 2008 at 10:00 A.M. for receipt of bids on the Sanitary Sewer Repair Contract, Job No. S-0803.
3. Town Engineer re NYSEG proposal for Rolling Ridge, Phase 2 subdivision Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the NYSEG street lighting proposal for an annual increase of $193.52 for adding 8 – 70 watt high pressure sodium luminaries in the Rolling Ridge Subdivision, Phase 2, Electric Lighting District No. 61.
14-C COMMUNICATIONS 4. Town Engineer re Wenro Place & Forrestal Lane Reconstruction Project, final acceptance Motion by Councilman Osmanski, seconded by Councilman Graber, to approve final change order #1 for Occhino Corporation, 2650 Seneca Street, for a net deduct of $24,777.79 and accept the Wenro Place & Forrestal Lane Reconstruction Project, Job No. W-0601, at a final contract amount of $260,122.21.
Supervisor Clark abstained from voting on this item because this corporation is a client of an accounting firm that he has a financial interest in. 5. Town Engineer re Southwestern Blvd. Watermain Extension, final acceptance Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the Southwestern Blvd. Watermain Extension Project completed by Building Solutions, 6091 Seneca Street, Elma, under Public Improvement Permit No. 06-02.
6. Town Engineer re Lease of 2008 Chevrolet Trailblazer Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a 36-month lease for a 2008 Chevrolet Trailblazer from Gillogly Chevrolet Central, 1777 Union Road, at a cost of $328 per month.
7. Highway Supt. re Bid award for removal of wood chip mulch Motion by Councilman Osmanski, seconded by Councilman Graber, to award the bid for removal of wood chip mulch to Lardon Construction, 108 Lake Avenue, Blasdell, at a price of $.31 per yard.
8. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $5405 to Bates Landscaping & Maintenance for trees and $14335.07 to Gerster/Trane Sales & Service for repairs at Ice Rink.
9. Highway Supt. re Military leave of absence for William Geary Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a military leave of absence for William Geary effective December 1 – 8, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Geary was activated by the Air Force Reserves.
. 14-C COMMUNICATIONS 10. Highway Supt. re Title change for Robert Krautsack to Sanitation MEO Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Robert Krautsack as Sanitation Laborer and appoint him as Sanitation Motor Equipment Operator, at a rate of $17 per hour, effective December 10, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Highway Supt. re Appointment of Andrew Myslinski & Daniel Shanahan as part-time Laborers Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Andrew Myslinski and Daniel Shanahan as part-time laborers in the Buildings & Grounds Department at a rate of $7.15 per hour effective December 17, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
12. Chief Gehen re Purchase of Livescan fingerprint system Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of one (1) Identix Touchprint 3100-ED-Deck only Livescan fingerprint scanning hardware and accessories unit with Level 2 support from Comnetix Inc., 2872 Bristol Circle, Suite 100, Oakville, Ontario L6G 6H4 Canada, at the NYS contract price of $9647.
13. Chief Gehen re Purchase of in-car video system Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of two (2) WatchGuard DV-1 overhead system, second generation in-car video systems for a cost of $4995 each, combined cost of $9990 plus $50 shipping for a total cost of $10040 from WatchGuard Digital In-Car Video, 3001 Summit Avenue, Plano, TX 75074, noting that WatchGuard is the sole source provider for this system.
14. Chief Gehen re Purchase of records management server Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of one (1) HP ProLiant ML350 G5 SFF Tower Server with 3-year HP hardware support, Windows 2003 server license and configuration/installation from Synchronet Industries, Inc., 3654 Clinton Street, at the NYS contract price of $5632.01.
14-C COMMUNICATIONS 15. Chief Gehen re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $5351.31 to Eagle Point Gun/J. Morris & Son for ammunition.
16. Chief Gehen re Military leave of absence for Jeffery Coia Motion by Councilman Osmanski, seconded by Councilwoman Bove, to grant a military leave of absence for Police Officer Jeffery Coia effective November 27 – December 8, 2007 and commencing January 17, 2008 for a period of up to 12 months and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting his Army National Guard unit has been order to active duty in Afghanistan.
Motion by Supervisor Clark, seconded by Councilman Hicks, to grant Officer Coia continuation of benefits and difference in pay for Officer Coia’s military service, as has been the town’s practice during wartime conditions.
17. Chief Gehen re Status change for part-time Public Safety Dispatcher R. Galli to part-time seasonal Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time Public Safety Dispatcher Richard Galli to part-time seasonal effective December 1 – 31, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
18. Chief Gehen re Rate increase for part-time Public Safety Dispatchers Motion by Councilman Osmanski, seconded by Councilman Hicks, to modify the starting rate for part-time Public Safety Dispatchers to $10.95 per hour effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
19. Town Clerk re LocalGovWorks, LLC agreement for credit card payments Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize execution of an agreement between LocalGovWorks, LLC and the Town of West Seneca for payment process servicing of credit card payments to the Town Clerk’s Office at no charge to town residents, but only to the user of that process.
14-C COMMUNICATIONS 20. Town Justices re Creation of full-time Senior Clerk Typist position Motion by Councilman Osmanski, seconded by Councilman Hicks, to modify the existing position of part-time Senior Clerk Typist in the Justice Court to a non-exempt full-time Senior Clerk Typist position, commencing January 1, 2008, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilwoman Bove stated she was opposed to creating a new position at this point. People are looking for less government and a full-time position at 40 hours per week for 52 weeks, would amount to 2,080 hours. Equivalent overtime would amount to 1,386 hours and would not include benefits. It appears that this position would pay $18.45 per hour and this position does not exist at this time. Councilman Graber noted that the Justice Court brings in $710,000 per year and the Town shares $450,000. This is the only department that is revenue generating. There have been State mandate changes requiring additional overtime. Every case must be logged and provide an opportunity to pay by credit and debit card which requires the use of two senior clerks on every court date. $15,000 was earmarked in the budget for overtime in next year’s budget. That figure is being moved and at the same time the Town is looking to reduce $16,000 in overtime, for a total of $31,000. This additional job will cost approximately $15,000. This coincides with State mandates and is the first time a new position has been added during his ten years in office. There was sound reasoning given by Judge Scott for the position based on unfunded State mandates requiring two people at every court session. The Town of West Seneca is the third largest town in terms of revenue generated. The Town of Hamburg which is slightly larger in population has seven full-time clerks and two part-time clerks. The Town of Cheektowaga has twenty court clerks. The Town of West Seneca is currently operating with three court clerks and one confidential clerk. All this will do is add an additional full-time clerk. Councilwoman Bove agreed the Courts do generate revenue but this could be a part-time job and considered it an example of political patronage economics. Councilman Graber disagreed, stating this position comes off the Civil Service list. Councilwoman Bove felt the individual would be named in Item 26. Councilman Graber stated that item is unrelated to this one. Item 26 is a Justice Court appointment and is strictly the appointment of the individual Judge. The Town Board does not have the authority to deny the appointment and is similar to the Supervisor’s appointment of a secretary or the Highway Superintendent’s appointment of a deputy. Supervisor Clark stated the position in Item 26 is the personal confidential clerk to which both Judges are legally entitled and is a totally different position from this item.
14-C COMMUNICATIONS 21. Code Enforcement Officer re Fee for re-roofing and siding of homes Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a fee of $30 for re-roofing and siding of homes and require that any company installing roofing or siding show current workman’s compensation and liability insurance, subject to the approval of the Town Attorney. Town Attorney Greenan questioned Mr. Czuprynski on the process for the permit and will review the process to ensure the proper regulatory framework is in place and that the public is put on notice so that they do not unknowingly violate the code.
22. Code Enforcement Officer re Purchase requiring Town Board approval Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Code Enforcement Office to microfilm records at a cost not to exceed $6800.
23. Senior Citizens Supervisor re Status change for part-time employees to part-time seasonal Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of the following part-time personnel at the Senior Citizens Center to part-time seasonal effective January 2 – May 30, 2008: Barbara Brooks – Recreation Instructor and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
24. Senior Citizens Supervisor re Retirement of Judy Seitz Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Judy Seitz and terminate her as part-time Food Service Helper at the Senior Citizens Center effective January 15, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
25. Youth Director re Resignation of Daniel Fronterap> Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Daniel E. Frontera and terminate him as Coordinator of Federal and State Grants effective September 5, 2007 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
14-C COMMUNICATIONS 26. Town Justices re Appointment of Linda Hanavan as full-time Clerk to Town Justices Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Linda M. Stefaniak as full-time Clerk to the Town Justice effective December 31, 2007 at an annual salary of $38,378.34 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. On the question, Councilman Osmanski stated Ms. Stefaniak has worked as the secretary to the Supervisor for the last 16 years and has done an excellent job. Mr. Osmanski thanked Ms. Stefaniak for the assistance given to him and noted his pleasure that she is remaining in public service. Supervisor Clark agreed, noting that Judge McCabe has interviewed and made an excellent choice in filling this position. Mr. Clark also commented that Ms. Stefaniak is a dedicated public servant, honest and hard working, and it has been his honor to work with Ms. Stefaniak over the years. Judge McCabe will be well served, as well as the people who deal with the Court system.
14-D REPORTS ISSUES OF THE PUBLIC UPDATE ON FLATTERY’S AND FISHER ROAD SUBDIVISION ACCESS ROAD Joan F. Lillis, 25 Leocrest Court, stated the property next to Flattery’s has been burned out for a considerable period of time. Mr. Czuprynski stated this matter is currently before the Court and the owner was directed to do certain things, including painting the garage, but weather conditions have not allowed him to complete the work. Mrs. Lillis commented that there are people in Fisher Court who are opposed to the access road coming into Fisher Court. She asked the status of the December 13th court date that was postponed. Deputy Town Attorney Paul Notaro responded that the matter was postponed to January 24th at the request of the developer in order to bring in some supplemental plans for review by the Engineering Department. Both sides mutually agreed to the postponement. Mrs. Lillis stated people will attempt to avoid Fisher Road and come through Fisher Court to come out onto Fisher Road. She had a conversation with Mr. Montz on the need for an access road and was told that Fisher Road had flooded. She has resided in that area for a long time and did not feel that an access road was warranted. Mrs. Lillis felt an access road should not be allowed in a subdivision for the sole purpose of people exiting the subdivision. STATUS OF NOISE ORDINANCE PUBLIC HEARING Amy Carpenter, 406 Woodward Crescent, questioned the status of the public hearing for the noise ordinance. It was supposed to be taken care of this year.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS Town Attorney Timothy Greenan stated the public hearing would be scheduled by the new supervisor after the first of the year. There were a number of ordinance changes and this is the next one in line and more appropriately handled with the new administration. Mrs. Carpenter also questioned how the public would be informed on the outcome of the legal research on the Building Department permit passed tonight. Mr. Greenan stated that the Code Enforcement Officer is proposing a permit for any re-roofing work and that the contractor provide Workers’ Compensation insurance. The Town’s code currently follows the NYS Uniform & Fire Prevention code and the terms thereof. If there is nothing in the NYS Uniform & Fire Prevention code that requires a building permit for an individual putting a new roof on their home, then the Town would have to create its own local law that went beyond the NYS Uniform code. RESIDENT EXPRESSES APPRECIATION Johanna Guenther, 140 Neubauer Court, expressed her appreciation to Mrs. Lillis for her remarks and to Mrs. Bove for her efforts on behalf of the Comprehensive Plan and for voting against the budget. She also expressed her appreciation to Mrs. Cynthia Locklear for her representation of the Town of West Seneca in the Erie County Legislature. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS MEMORANDUM OF AGREEMENT RE HEALTH INSURANCE PLAN Motion by Councilman Hicks, seconded by Councilwoman Bove, to accept the Memorandum of Agreement between the Town of West Seneca and the Blue Collar unit with regard to the health insurance plan related to employees hired after January 1, 1994, and authorize the Supervisor to sign the necessary paperwork.
ASSOCIATION OF NY YOUTH BUREAU CONFERENCE ATTENDANCE Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize West Seneca Youth Bureau Executive Director Mark Lazzara, James Lawson, Shannon Lazzara, Ardie Reinard and Christine Dalka to attend the Association of New York’s Youth Bureau annual conference in Brooklyn, New York at a total cost of $3892., noting that funds are available from the VISA grant.
PAYMENT OF NASCA STAFF EXPENSES Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment to NASCA, 66 11TH Street, Ste 1000, Washington, DC the sum of $3585.30 representing staff expenses incurred from August through September 2007 associated with Americorps grants, noting that NASCA is a sub-grantee of the National Americorps grant and per the contract, the town is required to reimburse them $10,450.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS GOLD LEVEL SUPPORT RETAINER RENEWAL Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize the gold level support retainer renewal between the Town of West Seneca and I Evolve, Inc., 2810 Sweet Home Road, Amherst, NY at the cost of $5,000., noting that I Evolve is the computer consultant to the town and the renewal of this retainer represents a savings of over $20,000. per year to the Youth Bureau by eliminating the need of hiring a full time IT administrator. On the question, Councilwoman Bove stated that these items must be submitted for the agenda by the Thursday prior to the meetings. Mrs. Bove stated she will no longer be voting for anything from Joshua Randle or Mark Lazzara that appears on the desk the night of the meeting. Councilman Hicks responded that Mr. Lazzara contacted him and expressed his apology to the Town Board. Mr. Lazzara was in Albany with Americorps business and was unable to place the items on the agenda in a timely fashion.
COMMENTS BY DEPARTING COUNCILMAN HICKS Councilman Hicks thanked the residents of West Seneca in allowing him to serve them for 7 years. He noted it was also a pleasure to serve with his fellow Board members during that time. He congratulated incoming Board members Sheila Meegan and Dale Clarke and incoming Supervisor Piotrowski on their elections and wished them success. It was his hope that the new Town Board would continue to make West Seneca the A-1 community as the previous Town Board tried to do in the past and extended best wishes for a Merry Christmas. STATUS OF NATURAL GAS SUPPLY Councilman Graber requested the Town Attorney give a status report on the natural gas supply. Mr. Greenan responded that the Board had requested a Request For Proposal be sent out for natural gas supply. The Town currently has a contract with Crown Energy on a month-to- month basis. At the request of Councilman Graber, he researched the natural gas market. In the 1990’s with the deregulation of natural gas, the Town had the opportunity to purchase from a gas re-seller rather than directly from National Fuel. At that time there were limited re- sellers and there are now 24 re-sellers. An RFP has been drafted and will be sent out to all 24 re-sellers. There are a number of ways natural gas can be purchased. There is a tariff rate that is approved by Natural Fuel Gas and then rates that are approved by these re-sellers. Most of the municipal contracts from the re-sellers have a monthly changing price based on the NYMEX cost, the market that natural gas companies purchase gas from, plus what is called a basis, or an additional dollar amount. Some municipalities have then locked in a price for a period of time, sometimes at the wrong time, and have ended up paying more than what they would be paying to National Fuel Gas. Some have stayed at the variable rate. If the market is good, they do better than the National Fuel Gas rate; if the market is not good, they could do worse. The RFP has been left open for pricing at both the NYMEX plus the margin and also pricing at the National Fuel rate, less an amount. West Seneca is the only municipality that has a guaranteed price of the National Fuel tariff rate, minus a given amount and it will be priced out that way again. Mr. Greenan stated he has also been in touch with the NYS Office of Governmental Administration which has expertise in gas pricing. New York State has a State bid price that is put out through the NYS Office of Governmental Administration and he has been in contact with them, requesting that it put the Town and its facilities on its State bid pricing. It would then be incumbent on the Town to understand the intricacies of natural gas pricing and the market. September is when they bid it out and by January 15th, the Town
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS would have to make application to be on that pricing. There are 19 different meters in Town and information has been collected on volume and account numbers. A consultant must be hired to monitor it for the Town, or it can be turned over to the State which is easier, or there may be a supplier who is willing to beat National Fuel pricing on a long term basis. The bid package is comprehensive enough for the Board to select off a menu of items and also have the ability to apply to the NYS Office of Governmental Administration to be placed on the State bid. Councilman Graber stated a contract has been initiated for electric with Consumer Energies which has relationships with the same brokers and may be able to get a lower price for the town. As a resident, he received a marketing tool from Vectren, one of the approved suppliers on the National Fuel Gas web site. Vectren offered a price of $1.19 ½ per hundred cubic feet of natural gas. Right now, the price is actually $.99 per hundred cubic feet, but was not indicated on their brochure. A person could accept this fixed price without any understanding of the market and end up paying 20% more. He and Mr. Greenan have been working on this issue for a long time and there is a lot to learn. The RFP has been mailed to all 24 brokers, they will look at the New York State bid price, and the potential leverage of Consumer Energies. Mr. Graber asked what the lock-in date was. Mr. Greenan stated the proposal date was December 28th. The lock in date would be September and it would be a one-year commitment. One of the concerns for any municipal body is that there may be a utility that is at a fixed price set by a tariff, which is National Fuel. Most of the deals, other than the town’s existing month-to-month contract, do not guarantee that the National Fuel price can be beat. Councilman Graber stated he feels the Public Service Commission has failed in its responsibility to watch over the residents who do not have the level of expertise to know what is going on with natural gas. He has been in contact with Assembyman Mark Schroeder who has indicated it is his intent to deal with this issue and force the marketers provide the necessary information on their marketing tools for a person to make a intelligent decision. Issues relating to the purchase of natural gas affect homeowners as well as the Town of West Seneca. PURCHASE OF COMPUTER EQUIPMENT BYOUTGOING BOARD MEMBERS Motion by Councilman Graber, seconded by Supervisor Clark, to allow the following users of computer equipment, appraised by Scott Addeo, MCPC Computer Products & Consulting, computer consultant to the Town, as to dollar value, to purchase the same: Supervisor Paul T. Clark, $650.; Councilman Craig Hicks, $50.; Councilman Christopher Osmanski, $550.
ERIE COUNTY CONTRACT FOR REMOVAL OF SNOW AND ICE Motion by Councilman Graber, seconded by Councilman Hicks, to authorize the Supervisor to enter into a three (3) year contract with the County of Erie for removal of snow and ice control on County roads in the Town of West Seneca.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS AGREEMENT WITH WEST SENECA YOUTH HOCKEY ASSOCIATION Motion by Councilman Graber, seconded by Councilman Hicks, on the recommendation of Town Attorney Timothy J. Greenan, to authorize the Supervisor to execute the proposed agreement with West Seneca Youth Hockey Association (House League) covering the 2007 – 2008 season with fees as follows: Midgets - $64 per game (2 Referees per game @$32.00 per referee)
COMMENTS BY COUNCILMAN GRABER ON DEPARTING BOARD MEMBERS Councilman Graber stated it has been his pleasure to serve on the Town Board with Supervisor Clark and Council Members Christopher Osmanski and Craig Hicks, all of whom were valuable additions to the Town of West Seneca and cared about the residents of West Seneca. They all brought strong attributes to their positions and will definitely be missed. Mr. Graber also welcomed the new Supervisor, Wallace Piotrowski, and Board Members Sheila Meegan and Dale Clarke. ATTENDANCE OF DETECTIVE ROBERT CARUANA AT TRAINING COURSE Motion by Councilman Osmanski, seconded by Councilwoman Bove, at the request of Chief of Police Edward F. Gehen, to authorize the attendance of Detective Robert Caruana at the Fire Investigator, Level II training course, January 7 through January 18, 2008, in Montour, NY, at a total cost not to exceed $545.
APPOINTMENT OF PART-TIME SEASONAL RECREATIONAL ATTENDANTS Motion by Councilman Osmanski, seconded by Councilman, to appoint the following Recreation attendants for the Burchfield Nature & Art Center, part-time seasonal from December 18, 2007 to January 22, 2008, returning to part-time effective January 23, 2008: Robin L. Reczek $10. per hour and authorize the Supervisor to sign the necessary paperwork for Erie County Personnel.
PARTING COMMENTS OF BOARD MEMBER CHISTOPHER OSMANSKI Councilman Osmanski expressed his appreciation to all the Department Heads for the kindnesses and courtesies extended to him over the years. Mr. Osmanski noted the
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS professional services rendered by all the Department Heads and it has been a pleasure working with everyone. He also thanked the voters and has thoroughly enjoyed his sixteen years as a Councilman. Mr. Osmanski felt he has always worked hard to do what he felt was best for the Town of West Seneca. He applauded the people who have appeared at Town Board meetings for the passion of their convictions, even though they may not always have been in agreement. Mr. Osmanski stated he has been proud to work with his fellow Council Members and Supervisor Clark and he wished the incoming board members the best of luck in their new positions. BID DATE FOR CARPETING AT SENIOR CITIZENS CENTER Motion by Councilwoman Bove, seconded by Councilman Hicks, to set a bid date for carpeting at the Senior Citizens Center at the earliest possible date, using alternate papers if necessary for purposes of publication. On the question, Mrs. Bove stated the Town received a HUD grant in 2006, but the project stalled. She wanted to make sure that the project was followed through for replacement of tile at the Center, new carpeting, and the possible refinishing of the stage and purchase of new chairs. Much of the work will be done by Buildings & Grounds which will save the Town substantial money. December 27th was suggested as a bid date. Mr. Greenan stated he would check publication requirements for the earliest possible date and noted that specifications for the carpeting will be necessary. Mr. Osmanski noted that alternative papers could also be used for publication purposes. Mrs. Bove noted that notification must be given to Minority and Women’s Enterprises and there is specific language that must be incorporated in the publication.
EVALUATION PROCESS FOR NEW HIRES Councilwoman Bove noted that the Town Board put on three new sanitation workers in November and under the CSEA blue collar contract, there is a six-month probationary period from the date of hire. Currently, there is not an exact evaluation form and she is willing to create one. The Town needs to make sure the employees prove themselves during the first six months in terms of attendance, arriving on time, and working well with others, since most of these employees will be promoted to Highway and could be employed for a number of years. She will check with the various supervisors in Sanitation as well as Mr. Finnegan to ensure that new hires are good employees. FULL-TIME TOWN ATTORNEY Councilwoman Bove stated she had concerns after speaking with some department heads and the various Boards with regard to the availability of the Town Attorney and Deputy Town Attorney during regular business hours. She had a conversation with the Cheektowaga Supervisor who hired a full-time attorney and Mr. Jankowiak indicated the improvement in having the Town Attorney available whenever needed during the daytime hours and later. Mrs. Bove proposed a full-time Town Attorney at $70,000 with health insurance benefits and a part-time deputy town attorney who would also perform prosecuting duties, at $20,000 with no health benefits, in order to have a presence in Town Hall during regular working hours and offer a cost savings to the town. Councilwoman Bove extended her best wishes to the out-going Board members and wished the residents a Merry Christmas.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS PARTING COMMENTS OF SUPERVISOR CLARK Supervisor Clark noted his honor and privilege to have served the residents as Town Supervisor and wished everyone well. HAPPY HOLIDAYS Department heads wished everyone a Merry Christmas and a Happy & Healthy New Year. TOWN OF WEST SENECA 2008 HISTORICAL CALENDAR Town Clerk Patricia C. Depasquale announced the Town of West Seneca 2008 Historical Calendar is now available for purchase at her office. COMMENTS OF TOWN ATTORNEY Town Attorney Timothy J. Greenan remarked on the many accomplishments of Supervisor Clark and the out-going Board members during their terms of office. Mr. Greenan noted his pleasure in working on the various projects in town, including the playgrounds, and creating the soccer field and the Burchfield Center. There were six or seven years without a tax increase and tonight was the first time he recalled a new employee position added. In the last ten years, his office went from three attorneys and three staff people to two attorneys and two part-time clerks. He has worked with the Town Board to reduce costs, noting that the two full-time civil service clerks at the cost of $80,000 were reduced to two part-time clerks at $8.00 an hour. ADJOURNMENT Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 10:35 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |