November 21, 2011
PRESENT Mayor Collesano, Trustee Eydt, Trustee Krell, Trustee Mudd, Trustee Sutherland, Clerk Treasurer Welch, Engineer Marino, Engineer SanGiacomo, Supt Meigs, Chief Salada, Recreation Director Gittermann
PH Mayor Collesano opened a public hearing on the advisability of adopting a proposed local law to amend Section 20-194 to increase the water rate from $2.80 per 100 cu ft to $3.55 cu ft and to amend Section 20-139 to increase the sewer rate from $3.95 per 100 cu ft to $4.65 per 100 cu ft, effective on the January 1, 2012 billing.
Carmela Alati, Fairchild Place said she was opposed to the proposed increases because it is not the Village’s fault the Niagara County Water District made a mistake by undercharging the Village.
She said the Village has been charging $5.00 (water/sewer line repairs) per quarter billing for 10 years and asked when they will stop charging that fee.
Mayor Collesano said Niagara County Water District was not charging the Village the right amount since 2002 but is not back billing the Village.
He said the Village residents received a break because the rates did not go up in 2002, but now they have to pay the higher rate.
A motion was made by Trustee Mudd seconded by Trustee Eydt and passed unanimously to close the public hearing at 6:10 PM
PH Mayor Collesano opened a public hearing at 6:11 PM on the advisability of adopting a proposed local law to change the zoning of parcels of land known as 10 & 20 Tuscarora Street TM#101.14-1-53 and TM#14-1-54,and a vacant parcel (3 lots) from R-1a (Residential Single Family Medium Density) to R-2, (Residential Two Family, Townhouse) to allow the construction of townhouses.
Mayor Collesano explained the proposed rezoning is an extension of the existing zoning.
A motion was made by Trustee Krell seconded by Trustee Sutherland and passed unanimously to close the public hearing at 6:15 PM
Mayor Collesano opened the regular meeting at 6:16 PM
RES Mayor Collesano introduced Gary Hall, Waste Technology Services (WTS) who was in attendance to announce a new Lewiston Recreation Center.
Gary Hall said he had the idea of building a recreation center and donating it to the Village for the children and residents of the community
He said it will have three indoor tennis/soccer/lacrosse/basketball courts.
He said the Village can rent the courts for a nominal fee that will off set maintenance costs.
Mr. Hall said the schools could use it for events and tournaments.
He said he wants to make it sustainable so the taxpayers do not have to pay for the building maintenance.
He said he would like to connect with Niagara University and other organizations for athletic programs, coaching clinics.
He said during tournaments or events they could have 100 cars but during regular usage there won’t be many cars.
Mr. Hall said the infrastructure is already on the site and it will be easier to expand here.
Dick Soluri, N Third Street said there is 40 spaces on site and Raptim Travel needs 30 spaces so where will they park.
He said he feels the building doesn’t fit in the neighborhood.
He said Marilyn Toohey was the Mayor for 17 years and they named the park in her honor.
He said it is a big building and the park will be small.
Mr. Soluri said the Town of Lewiston has direct access to Greenway funding and they should consider putting the Recreation center at Pletcher Park or Joseph Davis.
He said the addition to the existing building would dominate the site.
He said Gary Hall is an honorable man but if the building doesn’t fit then don’t permit.
Mr. Hall said he doesn’t want to do it if the people don’t want it.
He said he feels it’s important to support the community and the recreation center would be for the youth.
He said children need to have a place to go.
Effie Wood, N Third Street said they should build it at the Senior Center.
Eva Nicklas, Onondaga Street read the prepared statement:
“Look at any successful town or city that uses their historic ambiance to attract visitors. You won’t find a sports complex in the middle of their historic district, and for those of you who say you want this for the kids, I say let them play outside in the park in the sunshine, fresh air, grass and snow.
She said she was not opposed to the complex, just not at Marilyn Toohey Park.
Kathleen Harold said she was very shocked at the massive size at this location.
She said the Village Board can have it because it is public land.
She said it doesn’t have enough parking for the current office space, and Ridge Street is a narrow street.
She said there will be drainage issues because when it rains it drains into her yard.
She said she lives in an old home with no air conditioning and in the summer the building will block the breezes and it will get very hot in their house.
Mrs. Harold said she can look across the park and see the sunset.
Tim Henderson, Oneida Street said he has been a resident for 60 years and he is deeply concerned about eliminating a park.
He said the park has been there for 75 years and open spaces are charming and the history is important and they need to preserve it.
He said the recreation center is a good idea but not here.
He said why doesn’t Mr. Hall use his two million dollars for an existing structure (Frontier House).
Mr. Henderson said WTS is not philanthropic.
Doris Miller, N Fifth Street said the building is huge and needs parking.
She said she is suspicious by nature and is concerned.
She said it may be better at the Senior Center and have activity for all ages.
She asked Mr. Hall if it is a gift.
Mr. Hall said it is privately funded and they will charge revenue to cover the maintenance cost.
Mrs. Miller said she is a senior citizen and on a limited budget and asked how she could afford it.
She said it has to be cheap for the kids to use.
Leslie Garvey, N Third Street said her house is across from the park and if she wanted to look at a brick complex she would move to Grand Island.
She said she is worried about her property value.
She said she sees children playing every day at the park and they need to think about the integrity of the village and realize it doesn’t belong here.
Mr. Hall said he won’t build it if they don’t want it.
Mayor Collesano said they could consider the Lewiston Plateau but it will cost a lot more to put it there.
Dr. Elmer Wilcox, Cayuga Street said he thinks it is a fantastic plan.
Lisa Jackson said her understanding is that Frontier Lanes recently sold and maybe they could talk to the new owners to do the recreation center there.
Mrs. Miller said she is glad to see Mr. Hall offer to build it elsewhere and she admires his efforts.
Mr. Hall said he wants to make the building sustainable with professional staff to teach the children.
He said it is important for children to stay active and fit, and said it is his intent is to have a facility for this.
Mr. Hall said he feels strongly about recreation, and has been involved in the Boys and Girls Clubs.
He said maybe there is a better location.
Assemblyman Ceretto said this has been a very productive meeting and he is confident that the Village Board will do the right thing.
He said what a generous offer from Mr. Hall and he can’t thank him enough.
He said it is always good to get kids off the street and Mr. Hall has taken the first step and he hopes they can resolve their issues.
He thanked Mr. Hall for his generosity.
Dick Soluri said he has known Gary Hall for a longtime and he thinks they should bring all the communities together and the schools to work out a solution.
Mayor Collesano said the Village is the most populated area and is a central location, and maybe this isn’t the right location and maybe they can build it on the Plateau.
Trustee Sutherland said this is a great gesture by Mr. Hall for the kids, especially in the winter.
He said he has concerns about the size and the parking and maybe they can scale it down and move it over to the southwest corner of the park.
He said kids can walk here to use the facility.
Mr. Henderson said he was encouraged about the meeting and it is a well meaning development and it is democracy in action.
Kerry Achille, N Ninth Street said the stop sign at the intersection of N Ninth and Oneida Street was knocked down over on a Saturday and the Department of Public Works put a temporary sign up until they could re-install the sign but the temporary sign kept blowing over.
He said he called the Deputy Supt of Public Works and asked why it took a day and a half to fix it and he was told he didn’t have anyone to do it.
He said the Deputy Supt and hung up on him.
Following further discussion with Mr. Achille, Chief Salada said Mr. Achille left a phone message threatening Deputy Supt Brolinski that he was going to come over to his home.
Supt Meigs said he spoke to Deputy Supt Brolinski and he said Mr. Achille was abrasive and mean and they did not have to listen to him.
Following further discussion with Mr. Achille, Mayor Collesano said the sign was fixed and apologized to Mr. Achille if he was mistreated.
He asked Chief Salada to escort Mr. Achille out of the room.
CORRES The Village Board reviewed a list of correspondence received in the Village Clerk’s Office since the October Board meeting
MINUTES A motion was made by Trustee Mudd seconded by Trustee Sutherland and passed unanimously to approve the minutes of October 17, & November 7, 2011.
BILLS A motion was made by Trustee Sutherland seconded by Trustee Krell and passed unanimously to authorize payment of the bills as presented by the Clerk Treasurer for the month of November 2011 as follows:
General/Water/Sewer Fund $182,114.86 A1010.400 -A9089.80
Trust & Agency $ 3,040.62 TA20 TA94
REPORTS Building Inspector Candella reported that he issued building permits with an estimated value of $557,000 and collected $1030 in fees.
REC Recreation Director Gittermann said they will have a Christmas Tree Lighting Ceremony at the gazebo on December 2, 2011 at 6:00 PM
She said they are planning to show holiday movies in the gym during the holidays.
David Giusiana said the HPC/Planning Commission approved sign applications and a development plan at 904-908 Center Street.
Mayor Collesano said he wanted to check the proposed water/sewer rates to see if they could be lowered.
W/S RATE A motion was made by Trustee Eydt seconded by Trustee Mudd and passed unanimously to table a proposed local law to amend Section 20-194 to increase the water rate from $2.80 per 100 cu ft to $3.55 cu ft and to amend Section 20-139 to increase the sewer rate from $3.95 per 100 cu ft to $4.65 per 100 cu ft, effective on the January 1, 2012 billing.
REZONE A motion was made by Trustee Eydt seconded by Trustee Sutherland and passed unanimously to adopt a proposed local law to change the zoning of parcels of land known as 10 & 20 Tuscarora Street TM#101.14-1-53 and TM#14-1-54,and a vacant parcel (3 lots) from R-1a (Residential Single Family Medium Density) to R-2, (Residential Two Family, Townhouse) to allow the construction of townhouses.
DEV PLAN A motion was made by Trustee Sutherland seconded by Trustee Krell and passed unanimously to approve a proposed development plan for 904-908 Center Street as approved by the HPC/Planning Commission
PATIO A motion was made by Trustee Sutherland seconded by Trustee Krell and passed unanimously to approve an extension of the patio permit at 840 Center Street as approved by the HPC/Planning Commission.
FAC CONT A motion was made by Trustee Mudd seconded by Trustee Sutherland and passed unanimously to approve a facility contract for the Lewiston Garden Club to use Center Street from 4th to 6th Street on June 23 & 24, 2012 from 10 AM to 5 PM for their Annual Garden Fest.
FAC CONT A motion was made by Trustee Mudd seconded by Trustee Sutherland and passed unanimously to approve a facility contract for the 1812 Re-enactors to use the Municipal Building on December 17, 2011.
DISC Mayor Collesano said the Niagara River Region Chamber of Commerce and the Town of Lewiston will be placing a LED Christmas Tree at Academy Park for the Winter Festival and the New Year’s Eve Ball Drop.
Trustee Sutherland said he was originally against the proposal because of the cost but if the Town and the Chamber pay for it this year he is ok with it.
Mayor Collesano said he spoke to Highway Supt Doug Janese regarding the New Year’s Eve Ball Drop and they may do it different this year so they may not need a crane or operator.
He said they will add more activities this year.
Mayor Collesano said they have a proposal for carriage rides and rickshaw rides in the Village.
He asked if they would be charging a fee.
Sue Torcasio from the Portage House Motel said she wants to offer it to her guests and she will have the pick up and drop off at the Motel.
She said the carriage ride will be for hire for weddings and they will donate the proceeds to the Historical Association.
Trustee Sutherland asked when they would like to do it.
Ms. Torcasio said they would like to start using the rickshaw in the spring but they are just waiting for the insurance to start the carriage rides.
Trustee Krell said it would be nice to have the carriage rides at Christmas time.
Ms. Torcasio said they can sign a contract and start in January and donate the fees to the Historical Association.
Mayor Collesano asked where the horse is kept.
Ms. Torcasio said in Lockport.
Trustee Eydt said it will add to the ambiance of the Village.
Ms. Torcasio said they are looking to enhance business in the Village.
Trustee Sutherland said he met with Supt Meigs and discussed diagonal parking on Portage Road at Academy Park.
He said the parking is needed for the festivals and businesses.
Mayor Collesano asked Trustee Sutherland and Supt Meigs to work out the cost of the proposed parking.
Trustee Sutherland said he was approached by RAB regarding the Army Corps of Engineers to use the Niagara Falls Storage Site to dispose of waste and he drafted the following letter stating that the Village of Lewiston is opposed to their proposal:
November 22, 2011
Stephen H. Bales, District Commander
Lieutenant Colonel
U.S. Army Corps of Engineers
1776 Niagara Street
Buffalo, New York 14207-3199
Re: Objection to Disposal of Radioactive Residues or Wastes at the Niagara Falls Storage Site (NFSS)
Dear District Commander Bales,
This letter is in response to the Army Corps of Engineers “Waste Disposal Options” for radioactive material which was outlined at the September 28, 2011 public workshop.
At this public workshop, a radioactive waste “disposal” facility was included in two of the three options being considered by the Army Corps. The Village Board of Lewiston would like to make perfectly clear that we support the third alternative: removal of all radioactive residues and wastes from NFSS. We also strongly object to a permanent “disposal” or extended temporary storage of radioactive waste or residues at the NFSS.
The Corps also announced at this workshop, “We learned that K-65 can be removed safely.” With that thought in mind, we strongly urge the federal government to safely remove all of the radioactive residues and wastes from the Niagara Falls Storage Site as soon as possible. The interim waste containment structure (IWCS) at the NFSS was constructed in the 1940’s and we are very concerned with the soundness of this structure.
In addition, when clean up is commenced the only acceptable standard we would consider is for “unrestricted use”. It is time to clean up this area and let our community get on with life without further threat of future contamination.
Sincerely,
Terry C. Collesano, Mayor Bruce Sutherland, Deputy Mayor
Victor Eydt, Trustee Therese Mudd, Trustee Ernest Krell, Trustee
xc: Senator George Maziarz
Assemblyman John Ceretto
US Senator Charles Schumer
US Senator Kristen Gillibrand
Congresswoman Louise Slaughter
NYS Dept of Environmental Conservation Commissioner, Joseph Martens
NYS Dept of Health Commissioner, Nirav Shah, MD, M.P.H.
NYS Attorney General Eric Schneiderman
US EPA Region 2 Director, Judith Enck
Niagara County Dept of Health Director Daniel Stapleton
Following a brief discussion, a motion was made by Trustee Eydt seconded by Trustee Krell and passed unanimously to send the above letter stating the Board’s opposition.
Mayor Collesano said he received a letter form NYS DEC stating that they have put the Artpark site on their D list and they referred to Stauffer Chemical who dumped hazardous waste at that site back in the 50’s.
He said he wanted to know how the site received the D list certification and sent the following letter for their response.
October 24, 2011
Mr. Greg Sutton, Project Manager
NYS Department of Environmental Conservation
Division of Environmental Remediation
270 Michigan Avenue
Buffalo, New York 14203
Re: Site Name: Stauffer Chemical – Art Park Site
Site Name: 932049 Tax Map No. 116.00-1-1
Site Location: end of South Fourth Street, Village of Lewiston, NY 14092
Dear Mr. Sutton,
The Village of Lewiston is in receipt of the New York State Department of Environmental Conservations Inactive Hazardous Waste Disposal Site Delist Notice dated September 27, 2011. The Village of Lewiston owns 47.5 acres of land adjacent to the site identified as Site ID: 932049, of which approximately 20 acres are leased by the Western New York Land Conservancy from the Village of Lewiston for the purpose of enhancing native grasslands at the Lewiston Plateau/Habitat Area.
The Village of Lewiston is aware that several years of dumping by the Stauffer Chemical Company took place on the adjacent property of the Village owned land. We are aware that several tons of chemicals were released there which consisted of: Sulfur Cloride, SCL; Carbon Sulfide CS2; Clorine CL; Sodium Hydroxide; Antimony Thichloride; SBCL3; Carbon Tetracloridt; CCL4; Caustic-NACH; Zyconium Tricloride and Silicon Trichloride.
One to three truckloads per day, five days per week of these various chemicals were dumped over a span of several years. As this site has been selected as a site to be delisted, the Village of Lewiston would like to know how the NYSDEC made this determination and is requesting substantial evidence that all hazardous waste has been removed from the site in question.
Your earliest reply will be welcomed.
Sincerely yours,
Terry C. Collesano
Mayor
Mayor Collesano said he received a report stating there is nothing hazardous on the site, but the Village of Lewiston is on record that we do not agree with their findings.
Supt Meigs said he scrapped the old garbage truck because no one was interested in buying it.
Engineer Marino said is working with Supt Meigs to see if they can get a grant to replace water sewer lines.
He said he also submitted the “Welcome Center” for the annual APWA awards.
Trustee Sutherland thanked the Beautification Committee for putting the Christmas wreaths and garlands on the Welcome Center.
He said it looks really nice at the entrance to the Village.
Mayor Collesano announced the ice skating rink at Academy Park will open on December 1, 2011.
Trustee Sutherland said the Christmas Walk and Tour of Homes is on December 3 & 4, 2011 and the “Flames through Lewiston” is on December 17, 2011.
ADJOURN A motion was made by Trustee Krell seconded by Trustee Sutherland and passed unanimously to adjourn the meeting at 8:10 PM.
______________________________
ANNE WELCH, CLERK TREASURER