West Seneca Town Board Meeting Minutes 02/02/2009
Supervisor Wallace C. Piotrowski called the meeting to order at 7:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance. ROLL CALL: Present -
Absent - None Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency. The meeting was dedicated to the memory of Highway Supt. Patrick Finnegan. 2-A MINUTES TO BE APPROVED
2-B LEGAL NOTICES 1. Motion by Councilman Graber, seconded by Councilwoman Meegan, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 506 BULLIS ROAD, BEING PART OF LOT NO. 362, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR OPERATION OF A TOWING FACILITY” in the Town of West Seneca, be received and filed. (Adam Hageman)
Motion by Councilman Graber, seconded by Councilwoman Meegan, to open the public hearing.
Supervisor Piotrowski read the recommendation of the Planning Board: “At its January 8, 2009 meeting, the Planning Board recommended approval of the request for a special permit for property located at 506 Bullis Road, being part of Lot No. 362, changing its classification from M-1 to M-1(S), for operation of a towing facility, conditioned upon the following: 1) no exterior storage of damaged vehicles; 2) no repair of damaged vehicles; 3) parking area shall be paved in accordance with the town ordinance for automotive use.”
2-B LEGAL NOTICES 1. (continued) Frank Wailand of F.J. Wailand Associates, 3922 Seneca Street, represented the petitioner, Adam Hageman, 7024 Michael Road, Orchard Park, and stated Mr. Hageman’s proposal to purchase the existing 7400 sf building at 506 Bullis Road for his towing business. The purchase was contingent on receiving the special permit. There will be no increase in the size of the building and no addition to the paving that is currently there. Mr. Hageman agreed to pave the lot where the millings and broken up pavement is located. There is drainage on the lot that drains to the east property line and out to a major swale in the street. Mr. Hageman agreed to all the conditions established by the Planning Board. Councilwoman Bove questioned how the building would be used for the business. Mr. Hageman responded that there will be an office within the building for dispatching, bookkeeping, etc. and the tow trucks will be housed in the building. Maintenance of the tow trucks will be done inside the building. Mr. Hageman noted that very few vehicles are brought back to the facility and most of their work is towing a vehicle to where it will be repaired. Councilwoman Bove referred to the Planning Board minutes where a neighbor had requested that the tow trucks pull to the very back of the property and requested an explanation. Mr. Hageman responded that one of the neighbors had requested this and he agreed to accommodate them. He planned to put signs on the building to remind the drivers to be courteous to the neighbors. Councilwoman Bove questioned if Mr. Hageman would be paving the entire area. Mr. Wailand responded that it had been paved at one time, and Mr. Hageman would be redoing the surface. He presented a drawing indicating the area to be paved. Councilwoman Meegan questioned the impact this business would have on traffic on Bullis Road and Transit Road. Mr. Hageman did not believe there would be a significant increase in traffic and noted that the tow trucks are taken home by employees when they are on call, so they do not always return the same day. He did not believe there would be a lot of traffic in and out. Tim Murek, questioned the difference between and M-1 and M-1(S) zoning. Code Enforcement Officer William Czuprynski advised that the special permit was for the automotive use and it allowed the Town Board to place certain stipulations on the property. The previous use was not automotive. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant the request for a special permit for property located at 506 Bullis Road, being part of Lot No. 362, changing its classification from M-1 to M-1(S), for operation of a towing facility, conditioned upon the following: 1) no exterior storage of damaged vehicles; 2) no repair of damaged vehicles; 3) parking area shall be paved in accordance with the town ordinance for automotive use.
*APPENDICES*
2-B LEGAL NOTICES 1. (continued) Motion by Councilman Graber, seconded by Councilwoman Meegan, to issue a negative declaration with regard to SEQR for property located at 506 Bullis Road, being part of Lot No. 362, for operation of a towing facility, noting that the project will be using an already existing and established building and will not create additional environmental concerns.
2. Motion by Councilman Graber, seconded by Supervisor Piotrowski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A PETITION FOR CREATION OF A LIGHTING DISTRICT IN PRINCETON ESTATES SUBDIVISION TO BE KNOWN AS ELECTRIC LIGHTING DISTRICT NO. 63” in the Town of West Seneca, be received and filed.
Motion by Councilman Graber, seconded by Supervisor Piotrowski, to open the public hearing.
Town Attorney Edwin Hunter stated that a petition was filed by the property owner and reviewed by the Assessor’s Office and Engineering Department and found to be appropriate. Town Engineer George Montz and Mr. Hunter had worked at some length to get the legal description of the district corrected because Marrano’s original map had incorrect numbers for some of the lots. Eventually the legal description was corrected and set forth in the petition. The lighting district will cover the entire subdivision and implementation will advance in stages as construction continues. Councilman Graber stated that creation of this lighting district was standard for new subdivisions with no houses. The town believes that there should be street lighting and it was easier to get the necessary approvals when no one lives in the subdivision. Marrano still owns 100 percent of the property, and by law, the town only needs 50 percent approval to go ahead with the lighting district. The street lighting project will be part of the overall project and with the creation of a special district, only residents of the subdivision will pay for the street lighting at a cost of approximately $20 per year. Councilwoman Meegan questioned how the project was progressing. Mr. Montz responded that Phase I of the subdivision was complete and accepted. He would be submitting an item for the next Town Board meeting for approval of the charges for Phase I of the lighting district. No comments were received from the public. Motion by Councilman Graber, seconded by Councilwoman Meegan, to close the public hearing.
Motion by Councilman Graber, seconded by Councilwoman Meegan, to create a lighting district in Princeton Estates Subdivision to be known as Electric Lighting District No. 63.
*APPENDICES*
2-B LEGAL NOTICES 3. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 862 SENECA CREEK ROAD, BEING PART OF LOT NOS. 92, 97, 98, 101, 102, 103, 104, 105 & 106, CHANGING ITS CLASSIFICATION FROM R-100A TO R-75, for a residential subdivision, in the Town of West Seneca, received and filed. 2-C TABLED ITEMS 1. Ice Rink Remediation & Rehabilitation Project
Councilman Graber stated that the purpose of this item was to explain the final cost of the ice rink remediation project. The mold abatement was completed by Empire Building Technologies at a cost of $123,970. Because the town hired Casciano Consultants for project management, they were able to break out some of the aspects of the project to lower costs. Casciano Consulting was paid $4940 to provide project management for the whole project. They hired Envision Remodeling who abated the mold inside the locker room area at a cost of $14608.86 and did additional painting inside the ice rink and the wall going into the ice rink at a cost of $12886.73. Councilman Graber noted that they were authorized to spend $188,000 and the total cost spent at the ice rink was $156,405.59. 2. Moran rezoning request 2-D COMMUNICATIONS 1. Supervisor Piotrowski re Purchase of vehicle for Office of Disaster Preparedness Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the purchase of a 2005 Ford Expedition 4 x 4 truck from DeLacy Ford, 3061 Transit Road, Elma, at a cost of $13,600 and an additional amount not to exceed $2000 for changeover and conversion of equipment (radio & lettering).
2. Supervisor Piotrowski re Transfer of Animal Control Officers to Highway Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item.
3. Supervisor Piotrowski re Retirement of Highway Department laborer Michael Kelchlin Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Michael V. Kelchlin and terminate him as laborer in the Highway Department effective January 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Kelchlin served the Town of West Seneca for over 36 years.
2-D COMMUNICATIONS 4. Supervisor Piotrowski re Retirement of Engineer Assistant Michael Kerl Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Michael G. Kerl and terminate him as Senior Engineering Assistant effective February 28, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Kerl served the Town of West Seneca for over 31 years.
5. Supervisor Piotrowski re Retirement of Sewer Department laborer John Kelly Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of John C. Kelly and terminate him as laborer in the Sewer Maintenance Department effective January 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Kelly served the Town of West Seneca for 20 years.
6. Councilwoman Meegan re Amendment to bond resolution Motion by Councilman Graber, seconded by Supervisor Piotrowski, to adopt the attached amendment to the bond resolution of the Town Board of the Town of West Seneca, Erie County, New York, authorizing the issuance of up to $4,232,400 in serial bonds of the town to finance the cost of the purchase of certain equipment and vehicles and certain reconstruction and repaving improvements. On the question, Councilwoman Meegan noted that Robert Hauger in the Buildings & Grounds Department had past experience working in the auto industry and he brought it to her attention that with the rebates available the town would be able to pick up a third vehicle. Highway Supt. Patrick Finnegan agreed to go ahead with this and Councilwoman Meegan contacted the bonding company and the town’s auditor, Wayne Drescher. The purchase will have to be put out to bid for 30 days with a permissive referendum.
*APPENDICES* 7. Councilwoman Bove re Kiwanis craft show Motion by Councilwoman Bove, seconded by Supervisor Piotrowski, to approve the request of the Kiwanis Club of West Seneca to hold their annual 2009 Arts and Craft Show and Taste of West Seneca on Town Hall property July 18 – 19, 2009 with setup on Friday, July 17, 2009.
8. Town Attorney re Park & ride agreement for Seneca/Harlem parking lot Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to execute a Park & Ride license agreement on behalf of the town, establishing the Seneca/Harlem parking lot as a Park & Ride lot pursuant to the agreement with the Niagara Frontier Transportation Authority and New York State Department of Transportation.
2-D COMMUNICATIONS 8. (continued) On the question, Councilwoman Meegan stated that she had been working on this since August with Mr. Bennett of the NFTA and they will be at the Seneca/Harlem location next week to build a facility that will protect people from the elements. Town Attorney Edwin Hunter stated that the NFTA wanted to move forward with this but did not realize the State of New York owned the lot and they will have to sign the agreement also.
9. Town Attorney re Senior Services Nutrition Contract Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor to sign the 2009 Senior Services Nutrition Contract with the County of Erie.
10. Town Engineer re Appointment of Gary Bommer as Stormwater Management Officer Motion by Councilman Graber, seconded by Councilwoman Bove, to appoint Gary Bommer as Stormwater Management Officer for the Town of West Seneca at an annual salary of $5000 per year, effective January 1, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
11. Town Engineer re Purchase requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $6749 to Siewert Equipment for preventative maintenance service at pump stations.
12. Highway Supt. re Bid award for two sanitation packers Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for two sanitation packers to Fleet Maintenance Inc., 67 Ransier Drive, at their low bid of $162,888.50 each for a total of $325,777.
13. Highway Supt. re Bid award for rubber tire loader Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for one rubber tire loader to George & Swede, 7155 Big Tree Road, Pavilion, NY 14525, at their low bid of $115,000.
14. Highway Supt. re Bid award for four medium duty dump trucks Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for four medium duty dump trucks for the Highway Department to Buffalo Truck Center, 271 Dingens Street, Buffalo, at their low bid price of $41,700 each for a total of $166,800.
2-D COMMUNICATIONS 15. Highway Supt. re Bid award for one medium duty dump truck with lift gate Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for one medium duty dump truck with lift gate to Joe Basil Chevrolet at their low bid price of $51,438.78 with optional hydraulic hoist for a total price of $54,353.04.
16. Highway Supt. re Bid award for one ice resurfacing machine Motion by Councilman Graber, seconded by Councilwoman Meegan, to award the bid for one ice resurfacing machine to Charles R. Mueller & Sons, 75 Lafayette, Mt. Clemens, MI 40043, at their low bid price of $83,520.
17. Highway Supt. re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of $3700 to JJ Emergency Electric for signal repair on Slade Avenue at Tops and $2000 to May’s Tree Service for tree removal on Tampa Drive.
18. Highway Supt. re Appointment of two laborers in Sanitation Department Motion by Councilman Graber, seconded by Councilwoman Meegan, to receive and file this item.
19. Chief Gehen re Bid date for purchase of five marked police vehicles Motion by Councilman Graber, seconded by Councilwoman Meegan, to set a bid date of February 23, 2009 for the purchase of five (5) marked police vehicles, noting that five (5) older police vehicles will be traded in as part of this bid.
20. Chief Gehen re Confidential fund increase Motion by Councilman Graber, seconded by Councilwoman Meegan, to increase the confidential fund for the West Seneca Police Department to $2500.
21. Chief Gehen re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Police Department:
2-D COMMUNICATIONS 22. Chief Gehen re Termination of military leave of absence for Officer Jeffery Coia Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate the military leave of absence granted to Officer Jeffery Coia effective February 15, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Officer Coia’s Army National Guard unit has been released from active duty in Afghanistan.
23. Chief Gehen re Retirement of Public Safety Dispatcher Robert Hartmann Motion by Councilman Graber, seconded by Councilwoman Meegan, to accept the retirement of Robert Hartmann and terminate him as Public Safety Dispatcher effective February 17, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Hartmann served the Town of West Seneca for 15 years.
24. Chief Gehen re Appointment of Rick Galli as full-time Public Safety Dispatcher Motion by Councilman Graber, seconded by Councilwoman Meegan, to terminate Rick Galli as part-time Public Safety Dispatcher effective February 17, 2009 and appoint Rick Galli as full-time Public Safety Dispatcher at an annual salary of $43,057.15 effective February 17, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
25. Chief Gehen re Status change for part-time Public Safety Dispatcher Diane Nowicki to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatcher Diane Nowicki to part-time seasonal effective January 1 – 31, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
26. Town Clerk re United Church Home Society rezoning request Casimir Czmara, Chief Executive Officer of United Church Home Society, 1 Fox Run Lane, Orchard Park, stated that they had submitted a purchase offer for 911 Main Street to operate a runaway and homeless youth program certified by the NYS Office of Child and Family Services. The house at 911 Main Street would house 12 occupants. Councilman Graber questioned if Mr. Czmara was familiar with West Seneca and the fact that Main Street was entirely residential with some of the houses being doubles. He did not believe the requested rezoning would conform to the surrounding neighborhood and noted that not every property was suitable for every purpose. Mr. Czmara stated that they looked at properties throughout the area and thought that this property was appropriate for the program. He understood that the property was already listed as a multi-family dwelling.
2-D COMMUNICATIONS 26. (continued) Mr. Hunter stated that proposal was for a group home, not for a one or two family home. Councilman Graber questioned whether the Town Board should rezone this property and thought they would be spot zoning if they did since there is no other R-60A zoning in the area. He was not in favor of referring this item to the Planning Board. Councilwoman Bove questioned if the other lots in this area of Main Street were zoned R-65A and if there had been any other rezoning requests in the past for this particular area. Code Enforcement Officer William Czuprynski confirmed that all the lots in the area of 911 Main Street were zoned R-65A. About 15 years ago a rezoning request was submitted for the triangle at Seneca Street and Main Street for a four-family dwelling and that was denied. Chief Gehen expressed concern over the type of individuals that would live in this home and stated that he would want information on who is coming into the facility and their history. Councilman Graber stated that the only question currently before the Town Board was the rezoning. If this were to proceed, use of the property would then become an issue. Motion by Councilman Graber, seconded by Councilwoman Bove, to adopt the attached resolution denying the request of United Church Home Society for referral of their rezoning application for 911 Main Street to the Planning Board.
*APPENDICES* 27. Comptroller re Purchases requiring Town Board approval Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize two payments of $7860.60 each to Blue Cross Blue Shield for the Senior Blue health insurance payments for January & February 2009.
28. Tax Receiver re Rate increase for part-time clerks Motion by Councilman Graber, seconded by Councilwoman Meegan, to grant a rate increase to $9.00 per hour for the following part-time clerks in the Tax Office effective January 1, 2009: Patricia Farr and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2-D COMMUNICATIONS 29. Tax Receiver re Status change for part-time clerks to seasonal Motion by Councilman Graber, seconded by Councilwoman Meegan, to change the status of the following three part-time clerk’s to part-time seasonal effective January 15 – April 15, 2009: Patricia Farr and further, grant a rate increase to $7.75 per hour to Margaret Welker and Margaret Pomana effective January 20, 2009 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
2-E REPORTS ISSUES OF THE PUBLIC STATUS OF ANIMAL CONTROL OFFICERS Tim Murek, West Seneca, referred to Agenda Item #2 and questioned if one or both Animal Control Officers were being transferred to the Highway Department, at what rate of pay and at what cost to the town. Councilman Graber responded that they were still working out the details on this issue. This should have been resolved by now; however, the most recent issue came about with the death of Highway Supt. Patrick Finnegan. He hoped to have some resolution at the next Town Board meeting. Councilwoman Bove stated that they were moving toward a resolution, but sometimes things take a little longer than expected and it was impossible to give an exact date. Mr. Murek further referred to Item #18 concerning the appointment of two laborers in the Sanitation Department and questioned if the individuals were new hires or previous employees of the town. Councilwoman Bove responded that nothing had been decided on that item. The item was received and filed due to the passing of Mr. Finnegan. PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS COMMENT ON PRINCETON ESTATES LIGHTING DISTRICT Town Attorney Edwin Hunter referred to Legal Item #2 on the agenda concerning the lighting district that was created and noted that the cost for construction of the light standards, equipment, wiring, conduit, etc. is paid by the developer. After it is established, the residents of the lighting district that benefit from it are then taxed.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS GRANT APPLICATIONS FOR SOLAR ENERGY SYSTEM
Councilwoman Bove announced that the town submitted three applications to the NYS Energy Research & Development Authority (NYSERDA) for monetary assistance to install a 50 kilowatt solar energy system on the roof of the senior citizens center, Highway Department and Town Hall. Incentives from NYS amount to one-quarter million dollars per system if the applications are accepted and the town will know in a couple of weeks if they will be funded. AMENDMENT TO LABOR CONTRACTS - LABOR MANAGEMENT HEALTH CARE FUND Motion by Councilwoman Bove, seconded by Councilwoman Meegan, to authorize the Supervisor or Deputy Supervisor to execute amendments to the town’s three collective bargaining agreements whereby the town and the bargaining units agree to participate in the Labor Management Health Care Fund and each of these contracts be extended for one year, noting that the agreement is conditioned upon ratification by the bargaining units and actual entry into an agreement with the Labor Management Health Care Fund.
GRANT APPLICATION FOR EMERGENCY OPERATIONS CENTER Motion by Councilman Graber, seconded by Councilwoman Meegan, to authorize the Supervisor or Deputy Supervisor to apply for an emergency operations center grant from the United States Department of Homeland Security in an amount not to exceed $1 million to construct an emergency operations center attached to the Town Hall, noting that the total project cost is not to exceed $1.5 million with the town contributing a minimum of 25 percent of the cost in cash or in-kind services. On the question, Councilman Graber stated that Town Hall was currently designated as the emergency operations center in the town’s disaster preparedness plan. Constructing an emergency operations center will free up much needed space in the Police Department and is a first step in meeting space needs of the Police Department, emergency response, and disaster preparedness. It is anticipated that most of the required match will be met utilizing staff from the Engineering Department, Building Department, Town Attorney’s, Electrical Department and Buildings & Grounds Department. Councilman Graber further noted that if the town had an emergency operations center, they could use the space during non-emergency times as they saw fit. The Police Department has been in need of additional space for many years, but the board members always understood the financial impact that would have on the taxpayers. If awarded, this grant will help meet their needs. Councilman Graber thanked Disaster Preparedness Coordinators Michael Kerl and John Gullo and Chief Gehen for bringing the grant to the Town Board’s attention. Councilwoman Meegan noted that a lot of the money the town will be responsible for will come in in-kind contributions from the various departments. This was a much needed addition due to the lack of space, but there were also safety concerns with bringing prisoners into the building, so it was a welcome opportunity for the Police Department. Councilwoman Bove commented that the Town Board had been working very closely to provide safety and welfare to the town and were utilizing the new grantwriter, Connie Miner, to bring grants and revenue to the town. Chief Gehen thanked the board members for recognizing that his department was in desperate need of more space. Along with additional space, this will provide them with some safety measures that they had been looking into for a number of years, and it was a great beginning, but they still need more to resolve the problem.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS IN REMEMBRANCE OF HIGHWAY SUPT. PATRICK FINNEGAN Councilwoman Meegan commented on the passing of Highway Supt. Patrick Finnegan and offered her condolences to his wife, Heidi, and their children, Eric and Erin. The town lost a great man and she wished the Highway Department employees the best so they would continue doing the great work they do. Patrick’s death was so sudden and tragic and he will be sorely missed by everyone. Councilwoman Meegan recited the Irish blessing in honor of Patrick Finnegan, “May the road rise to meet you; may the wind always be at your back; may the sun shine warm upon your face; and the rains fall soft on your fields; and until we meet again, may God hold you in the palm of his hands. - Goodbye my friend.” ADJOURNMENT Motion by Supervisor Piotrowski, seconded by Councilwoman Bove, to adjourn the meeting at 8:35 P.M.
_______________________________________ PATRICIA C. DEPASQUALE, RMC/CMC |