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 19th of June 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:              Raymond Dlugokinski             Highway Superintendent

 

Mr. Mark Rogers from Whitehaven Road Baptist Church gave the Invocation. 

Councilman Crawford led the Pledge of Allegiance. 

Supervisor McMahon called the meeting to order at 8:00PM.

 

PROCLAMATIONS:

Eagle Scouts Recognition – Eagle Scouts Andrew and Jeffrey Stange accepted proclamations.

Kid Biz, July 1, 2006 – Members of the Kid Biz Committee accepted proclamation.

 

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

Residents who spoke:            None.

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #28, May 31, 2006, Minutes of Workshop Meeting #29, June 5, 2006, Minutes of Regular Meeting #10, June 5, 2006 and Minutes of Workshop Meeting #30, June 7, 2006.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

PUBLIC HEARING:

Waterford Park Subdivision – Preliminary Plat Approval (Revised Plan),

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed Preliminary Plat Approval (Revised Plan) for Waterford Park Subdivision.

Residents who spoke in Favor:            Douglas Scheid

 

Residents in Opposition:            E-mail from an Adelphia account, e-mail from Darek Stochmialek, Nan Hoffman, James Bialek, Jan Farrell, June Beeles, Linda Holcolm, Donald Wilkinson

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to refer the Preliminary Plat Approval (Revised Plan) to the Town Board due to incomplete application issues.

APPROVED            Ayes            5            Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

Special Use Permit Application – Cyrus Ardalan, 5345 East River Road – Keeping of 10 Equine Animals on 50 Acres

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed Special Use Permit Application of Cyrus Ardalan, 5345 East River Road for keeping of up to 10 equine animals on 50 acres on vacant property located across the street from 5345 East River Road.

Residents who spoke in Favor:            None

 

Residents in Opposition:            Letter from Mr. & Mrs. Joseph Reger

                                                            Christine Stange

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilman Crawford to refer the Special Use Permit Application by Cyrus Ardalan to the Planning Board for review and recommendation.

APPROVED            Ayes            5            Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

CONSENT AGENDA:

1.      Golden Age Center – Vehicle Usage – May 2006

2.      Golden Age Center – Facility Usage – May 2006

3.      Building Permits Issued – May 2006

4.      Meeting Minutes – Zoning Board of Appeals – May 4, 2006

5.      The State Education Department, The New York State Archives, Grants Administration and Program Support Unit – Local Government Records Management Improvement Fund (LGRMIF) 2006-2007, Summary of Reviewers’ Recommendations

6.      Meeting Minutes – GIFTS Executive Team – May 10, 2006

7.      Meeting Minutes – Planning Board – May 8, 2006

8.      Meeting Minutes – Board of Architectural Review – May 9, 2006

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the consent agenda as distributed.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Supervisor to Sign Contract with Premier Pyrotechnics, Inc. - 4th of July Fireworks

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Supervisor to sign a contract with Premier Pyrotechnics, Inc. for the 4th of July fireworks display at Martin’s Fantasy Island.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

A motion was made by Councilman Roesch, seconded by Councilman Crawford to authorize the Code Enforcement Officer to issue a permit for the public display of fireworks on the 4th of July at Martin’s Fantasy Island.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

Monthly Supervisor’s Report – May 2006

The Supervisor reported a cash balance of $204,456 on May 1, 2006

Total Receipts of $1,082,353

Total Disbursements of $1,235,563

Operating A/C Interest $64

Operating A/C Balance $51,309

Investment Interest $22,181

Investment Balance $5,609,340

Total Cash Balance as of May 31, 2006 $5,660,649

No action required by Town Board.

 

Global Signal Acquisitions – Authorize Supervisor to Sign Contracts for Purchase of Grand Island Cell Towers

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to authorize the Supervisor to sign a contract subject to the approval of the Town Attorney with Global Signal Acquisitions IV LLC regarding the purchase of rights to three (3) cell towers located on Town property.  The Town will receive $570,000 for the 25-year lease.  The Town must have municipal access to the towers on a-not-to interfere basis.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Appoint Part-Time Clerk Typist – Recreation Department

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to appoint Sharon Szafran as a Recreation Department Clerk/Typist, part-time, Step 2, Grade A, effective July 1, 2006.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Approve Additional Energy Performance Contract Projects

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to table the additional Energy Performance Contract Projects until after the Regular Meeting.  The Town Board will continue conversation about this topic when the Workshop resumes.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Authorize Supervisor to Sign Consulting Services Contract for NYPA Relicensing

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the contract for consulting services for NYPA relicensing to the Town Board.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Appoint Principal Engineer Assistant

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to appoint Joseph Donlon Principal Engineer Assistant, Grade 6, effective July 1, 2006. 

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

 

 

COMMUNICATIONS - OTHER TOWN OFFICIALS:

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Request to Advertise for Bids – 2006 Highway Resurfacing Program  - Various Town Roads -  Job No. M-14-2006

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to authorize the Highway Superintendent and Town Engineer to advertise for bid on the 2006 Highway Resurfacing Program – Various Town Roads Job No. M-14-2006.  The advertisement will run on June 23, 2006.  Bids will be received and opened on July 12, 2006 at 10:00a.m.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

TOWN ATTORNEY - PETER GODFREY:

Accept the Annexed Deed of Dedication of Town Highway to be Known as Part of Park Place – Phase VII

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the Annexed Deed of Dedication of Town Highway to be known as part of Park Place – Phase VII subject to the approval of the Town Attorney, Town Engineer, Order of the Highway Superintendent and the attorney for Grand Park Vue Subdivision filing the Deed with the Erie County Clerk’s office and providing certified copies to the Town Attorney as follows:

 

Upon submission of the annexed deed of dedication of Smith Ventures, L.P., dedicating and releasing the necessary lands for a proposed town highway as set forth in the annexed legal description in the Town of Grand Island, County of Erie, State of New York, to be known as part of Park Place,

 

Now therefore, it is RESOLVED, that in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town Of Grand Island make an Order laying out the aforesaid town highways, the Town Highways to consist of the lands described in the deed of dedication, subject to the approvals of the Town Engineer and the attorneys for the Town, and it is further

 

RESOLVED, that subject to the approvals of the Town Engineer and the attorneys for the Town and the Order of the Highway Superintendent laying out the aforesaid town highway, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorney for Smith Ventures, L.P., or his representative, in the Erie County Clerk’s Office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Resolution Accepting Turnaround Public Drainage, Sanitary Sewer Easements for the Park Place Subdivision, Phase VII

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the resolution accepting turnaround public drainage, sanitary sewer easements for Park Place Subdivision Phase VII subject to the approval of the Town Attorney, as follows:

 

WHEREAS, Smith Ventures, L.P. has offered for dedication lands for a proposed town highway known as Park Place as shown on map filed under Cover No. 3281, and

WHEREAS the plans submitted by Smith Ventures, L.P. in connection with such proposed town highways include storm drainage easements and sanitary sewer easements in favor of the Town of Grand Island; and

 

WHEREAS, Smith Ventures, L.P. has offered such storm drainage easements and sanitary sewer easement to the Town of Grand Island;

 

NOW THEREFORE, BE IT RESOLVED, subject to the approval of the attorneys for the Town, the Town Board does hereby accept from Smith Ventures, L.P. the owner of Park Place Subdivision, various storm drainage easements as follows:

 

1.         A 20 foot wide storm sewer easement running along the westerly line of Subdivision Lot 14, as shown on Map filed in the Erie County Clerk’s Office under Cover No. 3281;

 

2.         A 20 foot wide storm sewer easement running along the southerly line of Subdivision Lot 25 and the northerly line of Subdivision Lot 24 as shown on Map filed in the Erie County Clerk’s Office under Cover No. 3281;

 

AND BE IT FURTHER RESOLVED, that subject to the approval of the attorneys for the Town, the Town Board does hereby accept from Smith Ventures, L.P., the owner of Park Place Subdivision, various sanitary sewer easements as follows:

 

1.         A 5 foot wide sanitary sewer easement along the westerly line of Subdivision Lots 23 and 24 as shown on Map filed in the Erie County Clerk’s Office under Cover No. 3281;

 

2.         A 10 foot wide sanitary sewer easement along the southeasterly (front) line of Subdivision Lot No 69 as shown on Map filed in the Erie County Clerk’s Office under Cover No. 3281;

 

AND BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town, the Supervisor is authorized and directed to exercise said easements.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Release of Turnaround Easements – Phases V & VI, Park Place

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept the Release of Turnaround Easements for Park Place Phases V & VI and authorize the Supervisor to sign the necessary documents.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES –  JOHN WHITNEY:

Award Contract – Traffic Signal – Staley & Baseline Roads – M-180

Town Engineer John Whitney reported that on June 14, 2006 bids were received for the traffic signal at Staley & Baseline Roads – M-180.  Three bids were received from the following:

              Eastwood Industries, Inc.        $72,849.96

            Spoth Enterprises, Inc.         $79,956.00

              Ferguson Electric Construction       $86,100.00

After careful review of the bid, Mr. Whitney recommended the low bidder, Eastwood Industries, Inc. be awarded the bid in the amount of $72,849.96.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Town Engineer and award the bid for the traffic signal at Staley & Baseline Roads to Eastwood Industries, Inc. in the amount of $72,849.96.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0         

 

Public Improvement Permit – Golf Villas – Phase I

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Town Engineer to issue a Public Improvement Permit for Golf Villas – Phase I.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0         

 

RECREATION DIRECTOR - LINDA TUFILLARO:

Request Permission to Conduct Town Auction of Surplus Items – July 15, 2006

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Recreation Director to conduct a Town Auction of surplus equipment and vehicles on Saturday July 15, 2006 with advertisements starting June 22, 2006.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0         

 

Summer Program Hires

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Recreation Director to hire 3 new employees for the Summer Youth Programs.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – Laura & Steven Gorchek, 5302 East River Road – Keeping of 1 Agricultural Animal on 2.3 Acres

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for Laura & Stephen Gorchek, 5302 East River Road for keeping of 1 agricultural animal on 2.3 acres.  The property has been inspected and it is unchanged.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Jerod & Jim Battaglia – Petition to Amend the Zoning Map – 2569 Whitehaven Road – from M1 to M2 – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, July 3, 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

 

 

 

PLANNING BOARD:

Mary Beth Smith, 2655 & 2667 Fix Road – Exception to Subdivision Regulations

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and waive the Subdivision Regulations for Mary Beth Smith, 2655 & 2667 Fix Road subject to the Zoning Board of Appeals amending their minutes to reflect the correct addresses.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Island Farm Market (Phil Rotella) – 2920 Grand Island Blvd. – Revised Site Plan

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept the recommendation of the Planning Board and approve the revised Site Plan with the following conditions completed before the next Town Board Meeting on July 3, 2006:

1.      Screening for the bins

2.      Screening around the dumpster

3.      Removing note “employee parking” in rear

4.      Change setback line

5.      Follow the Grand Island Blvd. Planting Plan

6.      Sidewalk will be placed in the future as sidewalks are placed on adjacent properties

7.      Indicate current phase and future phases.

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 Crawford, seconded by Councilman Roesch to accept the recommendation of the Planning Board and re-affirm the Preliminary Approval for Island Meadows Subdivision – Phase 3A & 3B.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Park Place Patio Homes – Whitehaven Road – Preliminary Approval (Revised)

A motion was made by Councilman Crawford, seconded by Councilman Roesch to set

a Public Hearing for Monday, July 3, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against on Park Place Patio Homes, Whitehaven Road Preliminary Approval.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

GENERAL COMMUNICATION:

Town of Elma – Resolution in Opposition of Erie County Legislature’s Four (4) Year Plan For Erie County 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution in opposition of Erie County Legislature’s Four-(4) year plan for Erie County as follows:

WHEREAS,  the Erie County Legislature is proposing a four-year plan that would:

1)      Eliminate Sheriff road patrols;

2)      Transfer County roads to local control;

3)      Increase sales tax; and

4)      Increase County property tax;  and

WHEREAS,  such actions would cause an undue hardship on the Town of Grand Island, creating a general town tax, which would severely impact our residents, particularly those on fixed incomes and those with families;  and

            WHEREAS,   the Town of Grand Island wishes to take a visible stand in protest of these proposed recommendations by the Erie County Legislature;  now therefore

            BE IT RESOLVED,  that the Grand Island Town Board objects to the aforementioned proposals, as they, if enacted, would cause a serious hardship to the Town and its residents;  and

            BE IT FURTHER RESOLVED,  that certified copies of this resolution be forwarded to Erie County Executive Joel Giambra, all Erie County legislators, and the following Erie County towns for support: Akron, Alden, Boston, Clarence, Colden, Collins, Concord, Elma, Holland, Marilla, North Collins, Newstead, Sardinia, and Wales.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Teamsters Local Union No. 264 – One Hundred Eighty Day Notice of Intent to Amend Present Collective Bargaining Agreement

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer the correspondence from Teamsters Local Union No. 264 to the Town Board and Town Attorney.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

New York State Office of Parks, Recreation and Historic Preservation – Lead Agency Determination – State Environmental Quality Review Act (SEQR) – Niagara River Greenway

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the correspondence from NYS Office of Parks, Recreation and Historic Preservation to the Town Board.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

Grand Island Chamber of Commerce – Island Happenings/KidBiz Sale –  July 1, 2006

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the support of the Recreation Department, Grand Island Police and close Whitehaven between Baseline and Grand Island Blvd. from 8:00a.m. – 4:00p.m on

July 1, 2006 for Island Happenings/Kid Biz.

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 #83326 - #83467

General $  78,494.92  

Highway $  73,987.13  

Sewer $ 24,710.93 

Water $   7,353.92  

Capital $193,570.89 

Garbage $  70,612.50

Fire $205,051.25  

      Total      $653,781.54

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

UNFINISHED BUSINESS:

Meyer-Sheenwater Estates – Phase II – Love Road – Preliminary Approval

Remains Tabled.

 

Rezoning – Gun Creek PDD

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to table the rezoning of Gun Creek PDD.

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:                        George White, Jodie White, Sharon Federico

                                                                      Re: Park Place Patio Homes

                                                                                  David Schnell, John Jones, Orphia Casper

                                                                      Re: Gun Creek PDD

 

FROM THE TOWN BOARD:

Councilman Crawford: Traffic signal at Baseline/Staley Roads

Councilwoman Cooke: Boulevard Cleanup – Saturday, June 24th 9:00a.m.  – 11:00a.m. starting at Town Hall.

 

ADJOURNMENT:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adjourn the meeting at 9:14 p.m.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

                        Noes            0

 

A moment of silence was observed in memory of the following:

 

Janet Osborn

Richard Criss

Diane Wasson

William Kennedy

Thomas Gawor

Ann Harrington

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel          
Town Clerk