A regular meeting of
the Town Board of Grand Island, New York was held at the Town Hall, 2255
Baseline Rd., Grand Island, NY at 8:00 PM on the 17th of July 2006.
Present: Peter
A. McMahon Supervisor
Richard W. Crawford Councilman
Mary S. Cooke Councilwoman
Gary G. Roesch Councilman
Susan J. Argy Councilwoman
Patricia A. Frentzel Town Clerk
Peter C. Godfrey Town Attorney
Also Present: John
Whitney Town
Engineer
Reverend David Rodgers of Emmanuel Community Bible Church gave the Invocation.
Councilwoman Argy led the Pledge of Allegiance.
Supervisor McMahon
called the meeting to order at 8:00PM.
PROCLAMATIONS:
Eagle Scout
Proclamation Joshua
Shilling accepted proclamation.
70th
General Annual Synod Bible Presbyterian Church Reverend Kevin Backus
accepted the proclamation.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who spoke: Robert Scalione Re:
Fuccillo Hyundai Dealership
Frank Preve Re: Rezoning from M-1 to M-2
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve
Minutes of Workshop Meeting #34, June 29, 2006, Minutes of Workshop Meeting
#35, July 3, 2006 and Minutes of Regular Meeting #12, July 3, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
PUBLIC HEARINGS:
Block Party Park Place,
Bonnywoods & Forest Creek Estates August 20, 2006
A public
hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make
comments in favor of or in opposition of the request to close a portion of Park
Place between #106 and #132 to all traffic from 1:30 8:00p.m. except for
emergency vehicles for a Block Party on Sunday August 20, 2006.
Residents who
spoke in Favor: None
Residents in Opposition: None
Supervisor
McMahon declared the Public Hearing closed.
A motion
was made by Councilman Roesch, seconded by Councilman Crawford to approve the
request to close a portion of Park Place from #106 to #132 to all traffic
except for emergency vehicles for a Block Party on August 20, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Block Party Wallace Drive
Between Huth and South Park Saturday, July 22, 2006
A public
hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make
comments in favor of or in opposition of the request to close a portion of
Wallace Drive between Huth and South Park to all traffic from 2:00 4:00p.m. except
for emergency vehicles for a Block Party on Saturday July 22, 2006.
Residents who
spoke in Favor: None
Residents in Opposition: None
Supervisor
McMahon declared the Public Hearing closed.
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the
request to close a portion of Wallace Drive from Huth to South Park to all
traffic except for emergency vehicles for a Block Party on July 22, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Park Place Patio Homes
Whitehaven Road Cluster Development Approval
A public
hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make
comments in favor of or in opposition of the proposed Cluster Development
Approval for Park Place Patio Homes, Whitehaven Road.
Residents who
spoke in Favor: Letter
from Chris & Kyle Aronica, Sean Hopkins, Al Hopkins, Jim Dinsmore, David
Wilson, Richard Anderson
Residents in Opposition: Letter from Richard Kwarciak,
Jennifer Persico, George White, Sharon Federico, Dave Sondel, Carla Lavetro,
Pat Lavetro, Sean Squire, Jodie, White, Jean Suski, Melissa Wisnock, Theresa
Eberhard, Julius Horvath, John Bartlo, Charles Morell, Anthony Scanio, John
Burchfield, Darren Gress, Steven White
Supervisor
McMahon declared the Public Hearing closed.
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to table the
request for Cluster Development Approval for Park Place Patio Homes, Whitehaven
Road.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
1.
Golden Age Center Vehicle Usage June 2006
2.
Golden Age Center Facility Usage June 2006
3.
Meeting Minutes Zoning Board of Appeals June 1, 2006
4.
State of New York, Department of State ICC Annual
Conference and Code Development Hearings
5.
New York State, Office of Parks, Recreation and Historic
Preservation Grant Application Ed Ball and Fairview Parks
6.
New York State Office of Parks, Recreation and Historic
Preservation Ed Ball Playground Project
7.
Meeting Minutes Town of Grand Island Safety Committee
June 1, 2006
8.
Building Permits Issued June 2006
9.
Niagara River Greenway Commission 2005-2006 Annual Report
10.
John A. McCarthy, Zoning Officer Activity Report
January 1, 2006 June 30,
2006
11.
David M. Unmack, Assessor Report of Assessment Services
January 1, 2006 June 30, 2006
12.
Request Funding New York State Department of
Transportation Transportation Enhancements (TEP) Grant Program to Implement
Grand Island Safe Sidewalks and Community Connection Project
13.
New York State of Department of Environmental Conservation,
Division of Environmental Permits DEC ID#9-1446-00477/00007 Sandarelli
Property
14. Meeting Minutes Planning Board June 12, 2006
A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve the consent agenda as distributed.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
SUPERVISOR McMAHON:
Monthly Supervisors Report
June 2006
The Supervisor
reported a cash balance of $51,309 on June 1, 2006
Total Receipts
of $1,289,067
Total
Disbursements of $1,145,829
Operating A/C
Interest $102
Operating A/C
Balance $194,649
Investment
Interest $19,708
Investment
Balance $5,301,262
Total Cash
Balance as of June 30, 2006 $5,495,911
No action required by Town Board.
Appointment Planning Board
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to appoint
Norman Machelor to the Planning Board to fill the balance of a vacated term,
expiring December 31, 2011.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Letter of Engagement for
Legal Services
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Robert
Figliola as a outside independent legal counsel for certain legal services in
Town Court, at a per diem rate of $200, with a maximum of 5 days per year,
subject to the approval of the Erie County District Attorney.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Local Waterfront
Revitalization Program Adopt SEQRA Findings Statement Adopt LWRP
Authorize Supervisor to Transmit Adopted LWRP to Secretary of State
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the
SEQRA Findings Statement, direct the Supervisor to execute the SEQRA Findings
Statement, adopt the Grand Island Local Waterfront Revitalization Plan as
follows and to direct the Supervisor to formally transmit the adopted LWRP and
all related local impending laws to the NY State Secretary of State for
approval:
WHEREAS, the Town of Grand Island initiated preparation of a Local
Waterfront Revitalization Program in cooperation with the New York State
Department of State, pursuant to Article 42 of the Executive Law; and
WHEREAS,
a Draft Local Waterfront Revitalization Program (DLWRP) and related local laws
and zoning amendments were prepared under the guidance of the Towns
Consultant, Advisory Boards, and with Public Input: and;
WHEREAS,
a Draft Supplemental Generic Environmental Impact Statement (DSGEIS) was prepared
for the Draft Local Waterfront Revitalization Program in accordance with the
requirements of Part 617 of the implementing regulations for Article 8 of the
Environmental conservation Law; and
WHEREAS,
a DSGEIS and the DLWRP were circulated by the Department of State to
appropriate local, county, state, and federal agencies in accordance with the
requirements of Executive Law, Article 42 and Part 617 of the implementing
regulations for Article 8 of the Environmental Conservation Law; and
WHEREAS,
all meetings of the Town Board and Advisory Committees were open to the public,
and a public hearing were advertised and held by the Town Board on March 21,
2005 to receive and consider comments on the DLWRP and the DSGEIS; and
WHEREAS,
a Final Supplemental Generic Environmental Impact Statement (FSGEIS) was
prepared, accepted, and properly filed and distributed by the Town Board on
July 3, 2006; and
WHEREAS,
modifications were made to the Draft Local Waterfront Revitalization Program as
called for in the FSGEIS in response to comments received.
NOW,
THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Grand Island
hereby adopts the SEQRA Findings Statement attached hereto and directs the Town
Supervisor to execute the Findings Certification thereon; and
BE
IT FURTHER RESOLVED, by the Town Board of the Town of Grand Island, New
York, that the Local Waterfront Revitalization Program for the Town of Grand
Island is hereby approved and adopted.
BE IT FURTHER RESOLVED, that the Town Board of the Town
of Grand Island hereby directs the Supervisor of the Town to formally transmit
the adopted LWRP, and all related local implementing laws, to the New York
State Secretary of State for approval pursuant to Article 42 of the NYS
Executive Law the Waterfront Revitalization of Coastal Areas and Inland
Waterways Act.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
COUNCILMAN GARY G. ROESCH:
Resolution in Support of
Repealing Real Property Law, §339-y
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt
the following resolution in support of repealing Real Property Law §339-y:
WHEREAS, the Town Board of the Town of Grand Island is committed to
fair and equitable assessment practices, and
WHEREAS, fair and equitable assessments lead to a fair distribution
of the local property tax burden, and
WHEREAS, increasing unfunded state mandates continue to shift the
burden of supporting state programs with local property tax dollars, and
WHEREAS, Real Property Law, §339-y has been interpreted by courts to
limit an assessors methods of establishing a condominium assessment, resulting
in the assessment for each unit significantly under market value, and
WHEREAS, such assessment of condominiums at a value substantially
less than comparable, non-condominium properties disrupts the desire and
ability of local officials to deliver a fair property assessment and tax
system, and
WHEREAS, the proliferation of condominiums throughout New York State
threatens to undermine the underlying principle of fairness and equity in an
ever-increasing number of communities, and
WHEREAS, the Town Board of the Town of Grand Island deems it in the
public interest to memorialize the New York State Assembly, New York State
Senate and Governor George Pataki of its support for legislation which would
address this inequity.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Grand Island calls upon
the Legislature and the Governor to repeal Real Property Law, §339-y so as to
provide equal treatment for all types of residential housing and to prevent the
continuing abuses of §339-y as described above; and
BE IF FURTHER RESOLVED, that the Town Clerk shall forward a copy of this resolution
to the following officials: Governor George Pataki, State Senator Joseph Bruno,
Assemblyman Sheldon Silver, State Senator Marc Coppola, State Assemblyman Sam
Hoyt and to such other persons as the Clerk, in her discretion, may deem proper
in order to effectuate the purpose of this resolution.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
DEPARTMENT OF ENGINEERING
& WATER RESOURCES JOHN WHITNEY:
Change Order No. 2 Carl
Road Lift Station Replacement Job No. M-27-04
A change
order in the amount of $553.96 was requested by the Town Engineer. The total contract amount has been exceeded
even after offsetting the cost of the unused items because of additional work
pertaining to the telemetry system. The new contract amount is $139,139.96.
A motion
was made by Councilman Crawford, seconded by Councilwoman Argy to approve
Change Order No. 2 for the Carl Road Lift Station Replacement
Job No.
M-27-04.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Award Bid, Job No. M-14-2006
Bituminous Resurfacing of Various Town Roads
Town
Engineer John Whitney reported that he had opened the bids on July 12, 2006 for
bituminous resurfacing of various town roads.
Eight bids were received from the following:
Amherst Paving, Inc. $223,005.95
Robinson Paving, Inc. $246,686.50
Milherst Construction $250,300.00
Northeast Diversification $251,090.00
E&R General Construction $257,710.00
Louis Del Prince & Sons $260,861.50
American Paving $263,831.00
Thomann Asphalt Paving $289,180.00
After
careful review of the bids, Mr. Dlugokinski and Mr. Whitney recommended the low
bidder, Amherst Paving, Inc. be awarded the bid for bituminous resurfacing of
various town roads in the amount of $223,005.95.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve
Mr. Dlugokinski and Mr. Whitneys request for low bidder, Amherst Paving, Inc.
to be awarded the bid for bituminous resurfacing of various town roads in the
amount of $223,005.95.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
NYS Hazard Abatement Board Occupational Safety &
Health Grant Project M-179-06
The Town
of Grand Island has been awarded a NYS Hazard Abatement Board Occupational
Safety & Health Grant in the amount of $10,750.
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize
the Supervisor to sign the contracts for the grant award.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
PLANNING BOARD:
Abraxis Pharmaceutical
Products 3159 Staley Road Site Plan Approval 976 Square Foot Cooler
Addition and 960 Square Foot Alcohol Storage Building Expansion
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public
Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing
anyone who wishes to comment in favor of or against the Site Plan Approval of
Abraxis Pharmaceutical Products, 3159 Staley Road for a 976 square foot cooler
addition and 960 square foot alcohol storage building expansion.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Woods Creek Subdivision
Phase I Preliminary Plat Approval
The Woods
Creek Subdivision Phase I Preliminary Plat Approval is tabled in the
Planning Board pending revisions to drawings.
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to table the
Woods Creek Subdivision Phase I Preliminary Plat Approval.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Scenic Woods Subdivision
Phase I (Love Road Subdivision) 6 Lots Re-Affirm Preliminary Plat Approval
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the
Planning Boards recommendation and re-affirm the Preliminary Plat for Scenic
Woods Subdivision, Phase I, Love Road for 6 lots acknowledging the shared
driveway for lots #1 and #2 by an easement and showing delineation of wetlands
on plat.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Fuccillo Alvin Road Site
Plan Approval Proposed 11.77 Acre Hyundai Car Dealership
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public
Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing
anyone who wishes to comment in favor of or against the proposed Site Plan for
a Hyundai Car Dealership on 11.77 acres on Alvin Road.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public
Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing
anyone who wishes to comment in favor of or against on the proposed
Conservation Easement for the Fuccillo property on 11.77 acres on Alvin Road.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Jerod & Jim Battaglia
2569 Whitehaven Road Petition to Amend the Zoning Map from M-1 to M-2
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public
Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing
anyone who wishes to comment in favor of or against the application of Jerod
& Jim Battaglia, 2569 Whitehaven Road to amend the Zoning Map from M1-M2.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Island Meadows Subdivision
Phase 3A & 3B Re-Affirm Preliminary Approval
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the
Planning Boards recommendation and re-affirm Preliminary Approval for Island
Meadows Subdivision, Phase 3A & 3B.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Island Farm Market 2920
Grand Island Boulevard Revised Site Plan
A motion
was made by Councilman Crawford, seconded by Councilwoman Argy to accept the
Planning Boards recommendation and grant approval of the revised Site Plan for
Island Farm Market, 2920 Grand Island Boulevard.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
REPORT OF THE AUDIT COMMITTEE:
A motion was made by
Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #83675 -
#83753
General $
49,056.03
Highway $ 1,258.26
Sewer $
16,482.50
Water $
80,968.03
Capital $
63,053.06
Garbage $
70,612.50
Total $281,430.38
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
UNFINISHED BUSINESS:
Meyer-Sheenwater Estates
Phase II Love Road Preliminary Approval
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the
request for Preliminary Approval for Meyer-Sheenwater Estates, Phase II, Love
Road to the Town Board.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
PRIVILEGE OF THE FLOOR:
This is an
opportunity for residents to comment on any matter regarding Town government on
any subject.
Residents who
spoke: None
FROM
THE TOWN BOARD:
Councilman
Roesch: South Bridge Construction 2008
Councilman
Crawford: 48th Annual Lions Club Special
Kids Picnic July 19, 2006 Buffalo Launch Club
Councilwoman Cooke: Local Waterfront Revitalization
Plan. Painting donation at Library July 27, 2006
ADJOURNMENT:
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 9:41 p.m.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Jamie Smith
Wilma Denler
Patricia Majtyka
William Wilson
Donald Deschamps
Walter Kelly
Constance Gilbert
Roy Sexton, Jr.
Robert Trautman
Respectfully
submitted,
Patricia A. Frentzel
Town Clerk