VILLAGE BOARD of TRUSTEES
Regular Meeting Minutes
November 5, 2003
Bergen Fire Hall

The Regular Meeting of the Board of Trustees was called to Order by Mayor LeSage and
Chairperson Leiter at 7:22 p.m.

Present: Absent:
Mayor Thomas LeSage Trustee Anna Marie Barclay
Trustee Robert Bausch Alternate Jess LeSage
Trustee Virginia Adams
Trustee Wayne Bailey
Member Jean Stewart
Alternate Arthur Price
Member Marian Partridge
Member Wendy Didas
Member Michael Slack
Chairman Dale Leiter

Also present: Administrator Tracy Jong
CEO/ZEO Thomas Williamson
DPW Supervisor Marty Krause
Elizabeth Smith
Robert Smith
George Filowick, Sr.
Cindy Favata
Tally Almquist
Frank Churchill
Marsha Havens
Norm Pawlak
Carl Schoenthal
Noreen Morgante
Jerry Morgante
Mary Ann Price

APPROVAL OF BILLS:

A motion to transfer $2,000 from 8745.400A to 3120.400A and approve the bills as presented by the Administrator with the exception of $210,203.87 payment to Niagara Mohawk for power was made by Trustee Wayne Bailey and seconded by Trustee Robert Bausch. The motion carried by the following vote:

Mayor Thomas LeSage-aye
Trustee Robert Bausch-aye
Trustee Anna Marie Barclay- absent
Trustee Wayne Bailey-aye
Trustee Virginia Adams - aye

APPROVAL OF MINUTES:

A motion to approve the minutes of the Regular Meeting of The Board of Trustees on October 22, 2003 was made by Trustee Wayne Bailey and seconded by Trustee Robert Bausch. The motion carried by the following vote:

Mayor Thomas LeSage - aye
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - absent
Trustee Wayne Bailey - aye
Trustee Virginia Adams - aye

A motion to approve the minutes of the Regular Meeting of Planning Board of October 15, 2003 with a correction made by the Chairman was made by Member Wendy Didas and seconded by Member Jean Stewart. The motion carried by the following vote:

Chairman Dale Leiter - aye
Member Wendy Didas - aye
Member Michael Slack - aye
Member Marian Partridge - aye
Member Jean Stewart - aye

PRIVILEGE OF THE FLOOR:

Roy Hill addressed the Board on behalf of the Bergen Park Committee, presenting a plan for Carpenter Park. Plans included a retrospective historic renovation of the downtown area. The committee proposed a "buy-a-brick" funding program and sought the Village opinion on that type of endeavor. Plans included murals on the south sides of the Sheridan and Katzen buildings. They offered in-kind labor and ideas but explained the committee could not be responsible for fund raising. Trustee Adams stated that Assemblyman Charlie Nesbitt may be able to assist with grant funding for such a project.

NEW BUSINESS:

The Chairman of the Planning Board opened the discussion of the Draft Environmental Impact Statement (DEIS) and submitted the following written concerns:

1. Pg. 4 - Construction - States "drainage structures in Phase 2 to be designed but not constructed"
2. Pg. 17 - Mitigative measures - Buffer areas - existing hedges. Is this what the neighbors want? Will this land be taken care of by the Village (eventually mowed, as part of retention pond)?
3. Pg. 17 - Transportation - No mention of Parkview Drive and Route 33 intersection
4. Pg. B3 - First Paragraph - Current drainage into existing village park. Will this be increased?
5. Pg. B5 - Second Paragraph - Mention of open channel system. What would be the route?

Wendy Didas expressed the following concerns:
· traffic control at the intersection of Route 19 and Parkview Drive
· park buffers

Marian Partridge expressed a desire to:
(1) receive firm drainage plans for the development
(2) ensure that the Village engineer's concerns in previous written correspondence had been addressed by the developer.

Michael Slack felt that a traffic study was lacking for Appletree Drive and more data should be obtained on traffic impact created by the access to the new subdivision at both Appletree and Parkview.

Chairperson Leiter continued with a discussion of County Planning Board concerns and recommendations. He adjourned the decision and recommendation on zoning to the regular Planning Board meeting on November 19th.

County Planning Board Concerns include:
· Assurance that 90° T-Intersection at Buffalo Road (Rt. 33) and Parkview is completed
· No street outlet directly across from a private driveway
· Traffic calming is necessary in the residential area
· More green space throughout the development, especially close to the townhouses
· Park access should be increased
· Prevent effective "landlock" of the Russell property

Virginia Adams expressed concern over traffic data and thought more data may be required.

Robert Bausch expressed concern over groundwater plans and thought additional data may be necessary.

The Mayor made several inquiries and the applicant presented an amended set of plans addressing the initial concerns raised by the County Planning Department.

The developer contends the land is not in an agricultural district.

The developer explained that the existing hedgerow will be retained as a natural barrier for drainage. Trustee Bausch expressed concern over whether these hedgerows were owned by the developer and could be relied upon in the drainage plan.

Wayne Bailey stated that his issues had been previously addressed.

The developer explained there was a plan for a joint drainage improvement with the Village to include drainage in the Munger Street and surrounding areas.

Supervisor Krause inquired about the slope of the detention pond and ease of mowing and maintenance. The developer responded that the grade would be 1 to 4. Marty Krause stated this would be acceptable and referenced a similarly designed retention pond on Emily Court.

Trustee Bausch inquired about green space coverage and run-off data. He inquired about existing drainage in the northeast quadrant of the Village. DPW Supervisor Krause described the existing infrastructure.

The Village engineer provided some preliminary feedback on the plans as follows:
· County park concerns may be addressed by creating a flowing path throughout the subdivision and parks, creating some connectivity and cohesiveness in the plan
· County road designs were more expensive and not ideal - will offer some alternative ideas
· Park designs in the County plan may not be ideal - will offer some alternative ideas

Carl Schoenthal further inquired of the developer's engineer and attorney:
1. Can the Village obtain PUD conditions and restrictions for review?
2. Was R-2 considered?
3. Why was it concluded that PUD was the best zoning (as opposed to R-2 with a special use permit)?
4. What happens if the proposed townhouses are not marketable? What alternatives might the builder construct in the PUD?
5. Pg. 9 - Esthetic impact - landscaping and housing views are important because this is "first sight" upon entering the Village from certain directions. He would like more depiction and data.
6. Selected mechanisms for development should be set forth and data provided on the potential impact to the Village in terms of groundwater and surface water.
7. Intersection geometrics must be set forth for review
8. Park access should be developed further.
9. Technical deficiencies in cover of DEIS.

The Mayor permitted Elizabeth Smith to comment on drainage.

Responding to an inquiry from the Administrator, the developer clarified approximately 8 acres of parkland would be donated.

The Administrator reported that the Village has received the following additional data requests from interested agencies and our engineers:

(1) estimated maximum square footages for housing units to be developed
(2) verification of customer end uses served by electric and national gas
(3) water demand projections (domestic, industrial and fire-flows)
(4) hydraulic calculations

The Administrator reported on the status of Lead Agency Solicitation as follows: (30 DAY RESPONSE PERIOD WILL END ON NOVEMBER 9, 2003)

· Time Warner - no objection
· RG&E - no objection
· Frontier - not yet received but follow-up call made
· Village Planning Board - no objection
· Genesee County Health Dept. - no objection
· Genesee County Planning Board - no objection
· Monroe County Water Authority - no objection
· NYS Dept. of Transportation - no objection
· Town of Bergen - no objection
In an internal meeting with the Mayor, DPW Supervisor and Administrator, the following additional items were recommended for review/request:

(1) Additional data and/or calculations on slopes in development area:
any slopes over 15% ?
any slopes over 10% ?

(2) Data on household and commercial refuse expected to be generated by population increase after construction

(3) Refer to Carl Schoenthal - (1) groundwater quality/quantity (2) discharge permit required? (3) flood water flows (4) effluent flows (drainage) (5) adequacy of erosion mitigation plan (6) traffic impact and options

(4) Additional data on potential impact to aquifer

(5) Calculations on water use

(6) Additional data on commercial water and wastewater effects (assumptions, references, etc.)

(7) More data and calculations on energy consumption impact (gas + electric) and supply system impact

(8) Statement of intent to use herbicides or pesticides during development (assumptions, references, etc.)

(9) Specific data concerning impact to Bergen's agricultural land resources and Bergen/Genesee County agricultural district (was this formerly in the ag district?)

(10) Calculations on population density to park space before and after development
ex: 200 sq. ft. park space per resident

(11) Additional data on developer's plan to promote gas appliances/heat (in lieu of electric)

(12) Additional data on square footage of proposed structures
ex: 10 units of 1500 - 1800 sq. ft.
15 units of 1800 - 2000 sq. ft.

(13) Additional data on plans to develop park space (will the developer do any development of paths or landscaping or simply donate vacant land to municipality?)

(14) Additional data on impact to local emergency and medical services

(15) Additional data on estimated increase to residential tax base

ADJOURNMENT:

A motion to adjourn was made by Trustee Robert Bausch and seconded by Trustee Wayne Bailey. The motion carried by the following vote:

Mayor Thomas LeSage - aye
Trustee Robert Bausch - aye
Trustee Anna Marie Barclay - absent
Trustee Wayne Bailey - aye
Trustee Virginia Adams - aye

Chairman Dale Leiter - aye
Member Wendy Didas - aye
Member Michael Slack - aye
Member Marian Partridge - aye
Member Jean Stewart - aye

The meeting was adjourned at 8:31 p.m.

Respectfully submitted,
Tracy Jong
Administrator/Clerk-Treasurer