Town Board
Town Board Minutes - May 7, 2008
By Nancy A. Brooks, RMC/CMC Town Clerk
Jun 3, 2008, 15:18
May 7, 2008
A Public Hearing and the regular monthly business meeting of the Lockport Town Board were called to order at 7:30 p.m. on Wednesday, May 7, 2008, at the Town Hall, 6560 Dysinger Road, 6560 Dysinger Road, Lockport, New York.
Present were: Supervisor: Marc R. Smith
Town Council members: Cheryl A. Antkowiak
Paul S. Pettit
Mark C. Crocker
Paul W. Siejak
Also present: Nancy A. Brooks, Town Clerk; Daniel E. Seaman, Town Attorney; Leonard G. Tilney, Jr., Town Justice; Raymond E. Schilling, Town Justice;
Hon. Sharon S. Townsend, Admin. Judge for the 8th Judicial District; and Judi Newbold, Deputy Town Clerk.
Following the Pledge of Allegiance the Public Hearing was opened as follows:
PUBLIC HEARING — Proposed Changes to the P.U.D. at Pinegrove Estates Bowmiller Road, The application of PINEGROVE ESATES, LLC for approval of an amended development plan for a Planned Unit Development (PUD) for premises on the west side of Bowmiller Road. The premises are adjacent to the existing Pine- grove Estates Senior Housing Development. The proposed amended Planned Unit Development (PUD) includes the following properties: Tax Map No. 123.00-1-15 (owner-Bowmiller Road Holdings LLC), Tax Map No. 123.00-1-24 (owner —Pinegrove Real Estate LLC), and Tax Map No. 124.03-1-54.2 (owner— Pinegrove Real Estate LLC). The proposed amended PUD will add additional acreage to the PUD and will modify the uses allowed in the PUD and authorize construction of a community which will provide the continuing care for senior citizens.
Mr. Thomas Briody addressed the Board and spoke to the issue of the planned changes, stating that Pinegrove Estates, LLC has purchased the adjacent 4.5 acres and plans to enlarge the facility to include an apartment complex housing 66 units; a country house which will house dining and recreational facilities; and single-family housing units for a total of 150 additional housing units. The expansion would be completed in two phases and calls for the major entrance to the complex to move further north on Bowmiller Road. Mr. Ed Perone, project engineer, spoke and stated that the intent of the project was to maintain a residential atmosphere with low scale, rural home type buildings. He stated an additional retention pond would be required to accommodate the new phase and that the Town of Lockport would be given permanent easement to the pond should access ever be required. They would like the new water and sewer lines to be dedicated lines which will tie into the existing major trunk lines. The drainage for the area flows into Mudd Creek. The newly proposed entrance way off of Bowmiller Road would be built approximately where the current speed limit sign is located just north of the existing entrance on Bowmiller Road. Rob Ciminetti, project architect, stated that the units will have a farm-house look. The 32-unit assisted living units will be two stories, the 66 independent living apartments will be a three story building, and the carriage homes will be single family homes of approximately 1200-1600 sq. feet.
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PAGE 2 - Continuation of minutes of Lockport Town Board meeting conducted on 05/07/2008.
Supervisor Smith then opened the floor for public questions or comments. No one spoke on the issue and the Public Hearing was closed.
PRESENTATION — Town Court Grant Funds by Justice Sharon S. Townsend
Supervisor Smith then introduced Hon. Sharon S. Townsend, the Administrative Judge for the 8th Judicial District, and Leonard G.; Tilney, Jr. and Raymond E. Schilling, the two Town of Lockport judges. Judge Townsend presented a check to the Town in the amount of $13,931.00 which is a grant to fund security improvements for the Town of Lockport Court. Supervisor Smith thanked her and the Town justices and stated that the Lockport Town Board will remain committed to keeping the Town Justices, the Town staff and residents safe. He also thanked the Judges for all their hard work and commended them for the fine job they do in the performance of their jobs.
Supervisor Smith then proceeded on the scheduled business meeting as follows:
PUBLIC COMMENTS:
One person spoke before the Town Board as follows:
John K. Hall of 6100 Ruhlmann Road asked that the Town Board consider a noise ordinance which would ban loud “boom box” stereos in automobiles which cause a great deal of noise pollution, especially at late hours of the night and early morning.
BUSINESS MEETING:
1, Arproval of Minutes
MOTION: to approve the minutes of the Town Board meeting of April 2, 2008, was made by Council member Pettit, seconded by Council member Antkowiak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.
2. ArovaI of Dayment of bills.
MOTION: to approve the payment of the bills for the month of May was made by Council member Siejak, seconded by Council member Crocker. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.
The bills for the month of May include Vouchers #16392-16631 in the amount of $1,074,795.69.
3. Clerk/Communications
Councilwoman Antkowiak and Supervisor Smith then asked Clerk, Nancy A. Brooks, to come forward for a presentation. The Town Clerk was presented with a corsage and Councilwoman Antkowiak read a proclamation in recognition of Nancy Brooks’ designation as the New York State District # 10 “Town Clerk of the Year” ,the honor of which she was bestowed at the annual conference held in Saratoga Springs, NY on April 29, 2008. Both Councilwoman Antkowiak and Supervisor Smith thanked Nancy for her dedication and a job well done. Nancy thanked the Town Board for all their support and stated it was a humbling experience to be nominated for such a high award by her peers and that she felt very honored.
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PAGE 3 - Continuation of minutes of Lockport Town Board meeting conducted on 05/07/2008.
Communications:
Volunteer Fire persons Aroved
The Clerk read a list of candidates for volunteer fire service and the following action was taken:
MOTION: to accept the following individuals into the volunteer fire service in the Town of Lockport was made by Council member Pettit, seconded by Council member Siejak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE:
Antkowiak, Pettit, Crocker, Siejak and Smith.
The candidates are as follows:
Nicole Barnes So. Lockport Fire Co.
Cheryl Wick Rapids Fire Co.
Rachel Moylan Wrights Corners Fire Co.
The Clerk also announced the Mother’s Day Breast Cancer Canal Walk which will take place at Widewater’s Marina at the Erie Canal in the City of Lockport on Sunday, May 11, 2008 from noon — 5:00 p.m. She urged everyone to consider participating in the event.
4. Building Inspector’s Report
The Supervisor read the Building Inspector’s Report for the month of April 2008, which stated that 82 building permits were issued; $9,064.63 was collected in fees; and the estimated cost of construction was $1,508,701.00.
5. Supervisor’s Monthly Financial Report
MOTION: to accept the Supervisor’s Monthly Financial Report for the period ending April 30, 2008, was made by Council member Crocker, seconded by Council member Antkowiak. The motion was CARRIED: AYES-5, NAYS-0.
Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.
6. Approval of S.E.Q.R.A. - Neg. Declaration — Pinegrove Estates
On a resolution by Council member Pettit, seconded by Council member Crocker, the following resolution as duly ADOPTED: 5 AYES, 0 NAYS. Voting AYE: Antkowiak, Pettit, Crocker, Siejak, and Smith.
RESOLUTION
WHEREAS, a Full Environmental Assessment Form dated October 31, 2007, having been prepared and filed by the Applicant, Pinegrove Estates, providing for additional parcel of land to the PUD, and modifying the uses allowed in the PUD and authorizing construction of a community which will provide for independent living and continuing care for senior citizens, all as set forth in the application materials and PUD development Plat Map, as well as
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PAGE 4 - Continuation of minutes of Town of Lockport Work session conducted on 05/07/2008
Phase II Site Plan Approval and this form having been reviewed and considered and coordinated review having taken place,
NOW, THEREFORE, THIS BOARD FINDS AS FOLLOWS:
The Town of Lockport Planning Board is the lead agency. The action is a Type I action pursuant to the State Environmental Quality Review Act (SEQRA), and coordinated review has taken place. After reviewing the Environmental Assessment Form and considering the information contained therein and related factors and information, this Board finds that this action will not have a significant affect on the environment and, accordingly, direct that a
Negative Declaration pursuant to SEQRA be issued.
7. RESOLUTION AFTER PUBLIC HEARING — Pine Grove Estates
RESOLUTION
Motioned by Councilwoman Antkowiak and seconded by Councilman Siejak:
An application for approval of a development plan amendment for an existing Planned Unit Development in the Planned Unit Development District for the Pinegrove Estates Planned Unit Development providing for additional parcel of land to the PUD, and modifying the uses allowed in the PUD and authorizing construction of a community which will provide for independent living and continuing care for senior citizens, all as set forth in the application materials and PUD Development Plat Map, having been submitted and reviewed by this Board, and a Public Hearing having been held thereon, and SEQRA review of the project having taken place and a negative declaration having been prepared, and approval having been recommended by the Town Planning Board after a thorough review, and
NOW, THEREFORE, BE IT
RESOLVED, that said development plan amendment for Pinegrove Estates be approved as submitted.
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PAGE 5 - Continuation of minutes of Town of Lockport Work session conducted on 05/07/2008.
9. Resolution authorizing Contract with Nature’s Way Environmental, Inc.
MOTION: to authorize the Supervisor to enter an agreement with Nature’s Way Environmental, Inc. of Crittenden, New York for the environmental remediation of the Ruhlmann Road property, in an amount not to exceed $135,355.00 ($135,355 for cleanup with a stone base, $1 11,335 for cleanup with a sand base), was made by Council member Siejak, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.
10. Town Board Comments
Councilman Crocker — Congratulated Nancy Brooks on her award and commented that the staff in the Town Clerk’s office is very deserving of recognition as well.
He also reported that the Town Highway Dept. has completed the spring brush pickup and has moved onto doing road work. Once some of the necessary road repairs have been completed, they will move on to the drainage plan as has been approved by the Town Board.
Councilman Pettit - Also congratulated Nancy Brooks and further commented that he was pleased to see that the Town is receiving a number of applications for volunteer fire service in the Town.
Councilman Siejak — Congratulated Nancy Brooks and reported that Mr. Seaman, the Town’s Attorney, will soon focus on the proposed merger of the Town’s Sewer & Water Districts, but as of recently, has been very involved in the ongoing litigation over the Super Wal-Mart issue which is expected to be completed in the near future.
He also reminded residents that this is the month for “Motorcycle Safety” and urged all residents to use caution while riding and to watch carefully for motorcyclists on the roads.
Councilwoman Antkowiak — Councilwoman Antkowiak had several items to report on as follows:
Nature Trail Park Dedication - She announced that on June 14, 2008 the Town’s Nature Trail Park will be dedicated as the John B. Austin Nature Trail Park, as John Austin , a former Town Supervisor, was very instrumental in having the park opened.
Summer Newsletter - She also announced that the Summer Newsletter will soon be out and that the summer recreation program will be listed, as well as the dates for the Town Community Day.
Day Road Park Improvements - She stated that the soccer fields at the Day Road Park will be completed this summer as well as the remaining park landscaping.
Dale Association Wellness Fair — She informed residents that the Dale Association will hold an informational fair on June 2, 2008, at the Town Hall, from 2:00-5:00 p.m. to help inform residents of the various types of services that they have to offer.
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PAGE 6 - Continuation of minutes of Town of Lockport Work session conducted on 05/07/2008.
11. Supervisor’s Comments
Supervisor Smith commented on the Transit North Focus group, stating that the marketing materials have been printed and will accompany him to the Retail Development Conference in Las Vegas. Additionally, the Transit North website has been revamped and includes the much of the material that will be utilized to attract retail developers to this area.
12. Adjournment
There being nothing further for the Town Board to consider, Councilman Pettit motioned to adjourn. Councilwoman Antkowiak seconded and the meeting was ended at 8:15 p.m. The Lockport Town Board stands adjourned until 1:00 p.m. on Wednesday, May 28, 2008.
Respecifully submitted,
Nancy A. Brooks, RMC, CMC
Lockport Town Clerk
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