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.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who
spoke: None.
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
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
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