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 8:00p.m. on the 15th
of December, 2008.
Present:
Peter A. McMahon Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Gary
G. Roesch
Councilman
Susan J. Argy
Councilwoman
Patricia A. Frentzel
Town Clerk
Peter C. Godfrey
Town Attorney
Supervisor Peter McMahon called the meeting to order at 8:00p.m.
Councilwoman Mary Cooke led the Pledge of Allegiance.
This is an opportunity for residents to comment on any matter regarding
the meeting agenda items only.
Speakers:
None
PUBLIC
HEARING:
Local
Law Intro #8 of 2008 – Cold War Veterans Exemption – Public Hearing
A
public hearing was held at 8:00 P.M. for the purpose of hearing anyone who
wanted to make comments in favor or in opposition to proposed Local Law Intro
#8 of 2008 for a Cold War Veterans Exemption.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilman Roesch, seconded by Councilwoman Argy to adopt
Local Law #5 of 2008 for a Cold War Veterans Exemption as follows:
A LOCAL LAW in relation to enacting an exemption from real
property taxes for Cold War veterans as authorized by Section 458-b of the
Real Property Tax Law.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND
AS FOLLOWS:
Section
1.
Purpose
The
purpose of this local law is to make provision for a Cold War veterans
exemption from Town of Grand Island real property taxes and to make such
exemption first available and applicable to Town of Grand Island real property
taxes levied for the 2010 tax year.
Section
2.
Definitions
A.
“Cold War veteran” means a person, male or female, who served on
active duty in the United States armed forces, during the time period from
9/2/1945 to 12/26/1991, and was discharged or released therefrom under
honorable conditions.
B.
“Armed forces” means the United States Army, Navy, Marine Corps,
Air Force and Coast Guard.
C.
“Active duty” means full-time duty in the United States armed
forces, other than active duty for training.
D.
“Service connected” means, with respect to a disability or death,
that such disability was incurred or aggravated, or that the death resulted
from a disability incurred or aggravated, in line of duty on active military,
naval or air service.
E.
“Qualified owner” means a Cold War veteran, the spouse of a Cold
War veteran, or the unremarried surviving spouse of a deceased Cold War
veteran. Where property is owned
by more than one qualified owner, the exemption to which each is entitled may
be combined. Where a veteran is
also the unremarried surviving spouse of a veteran, such person may also
receive any exemption to which the deceased spouse was entitled.
F.
“Qualified residential real property” means property owned by a
qualified owner which is used exclusively for residential purposes; provided,
however, that in the event that any portion of such property is not used
exclusively for residential purposes, but is used for other purposes, such
portion shall be subject to taxation and only the remaining portion used
exclusively for residential purposes shall be subject to the exemption
provided by this local law. Such
property shall be the primary residence of the Cold War veteran or the
unremarried surviving spouse of a Cold War veteran unless the Cold War veteran
or unremarried Cold War veteran is absent from the property due to medical
reasons or institutionalized.
G.
“Latest state equalization rate” means the latest final
equalization rate established by the State Board of Real Property Services
pursuant to Article 12 of the Real Property Tax Law.
Section 3.
Amount of Exemption
A.
Qualifying residential real property shall be exempt from taxation to
the extent of 15% of the assessed value of such property; provided, however,
that such exemption shall not exceed $12,000 or the product of $12,000
multiplied by the latest state equalization rate of the assessing unit,
whichever is less.
B. In addition to the
exemption provided by subdivision A of this section, where the Cold War
veteran received a compensation rating from the United States Veterans Affairs
or the United States Department of Defense because of a service connected
disability, qualifying residential real property shall be exempt from taxation
to the extent of the product of the assessed value of such property,
multiplied by 50% of the Cold War veteran disability rating; provided,
however, that such exemption shall not exceed $40,000, or the product of $400,000 multiplied by the latest state equalization rate for
the assessing unit, whichever is less.
Section 4.
Limitations
A.
The exemption from taxation provided by this local law shall not be
applicable to real property taxes levied or relevied for school purposes.
B. If the Cold War
veteran receives the eligible funds veterans exemption pursuant to Section 458
of the Real Property Tax Law or the alternative veterans exemption pursuant to
Section 458-a of the Real Property Tax Law, the Cold War veteran shall not be
eligible to receive the exemption provided by this local law.
C.
The exemption provided by subdivision A of section 3 of this local law
shall be granted for a period of 10 years, the commencement of such 10 year
period being governed pursuant to this subdivision.
Where a qualified owner owns qualifying residential real property on
the effective date of this local law, such 10 year period shall commence with
the Town of Grand Island’s 2010 tax year.
Where a qualified owner does not own qualifying residential real
property on the effective date of this local law, such 10 year period shall be
measured from the assessment roll prepared pursuant to the first taxable
status date occurring at least 60 days after the date of purchase of
qualifying residential real property; provided, however, that should the
veteran apply for and be granted an exemption on the assessment roll prepared
pursuant to a taxable status date occurring within 60 days after the date of
purchase of residential property, such 10 year period shall be measured from
the first assessment roll in which the exemption occurred.
If, before the expiration of the such 10 year period, such exempt
property is sold and replaced with other residential real property, such
exemption may be granted pursuant to subdivision A of section 3 of this local
law for the unexpired portion of the 10 year exemption period.
D.
Application for the exemption shall be made by the owners, or all of
the owners, of the property on a form prescribed by the State Board of Real
Property Services. The owner or
owners shall file the completed form in the assessor’s office on or before
the first appropriate taxable status date.
The exemption shall continued in full force and effect for all the
appropriate subsequent tax years and the owner or owners of the property shall
be required to refile each year. Applicants
shall be required to refile on or before the appropriate taxable status date
if the percentage of disability percentage increases or decreases or may
refile if other changes have occurred which affect qualification for an
increased or decreased amount of exemption.
Any applicant convicted of willfully making any false statement in the
application for such exemption shall be subject to penalties prescribed in the
Penal Law.
Section 5.
Severability
If any clause, sentence, paragraph, subdivision, section or
part of this local law or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged by
any court of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair, effect or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this law or in its application to
the person, individual, corporation, firm, partnership, entity or circumstance
directly involved in the controversy in which such order or judgment shall be
rendered.
Section 6.
This Local Law shall take effect on December 1, 2008.
Noes
0
Speakers in Favor:
None
Speakers in Opposition:
Tim Ehde
Supervisor
McMahon declared the Public Hearing closed.
A motion
was made by Councilman Crawford, seconded by Councilwoman Argy to table the
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
approve Minutes of Workshop Meeting #99, November 14, 2008, Minutes of
Workshop Meeting #100, November 17, 2008, Minutes of Workshop Meeting #101,
November 17, 2008, Minutes of Workshop Meeting #103, November 25, 2008,
Minutes of Workshop Meeting #104, December 1, 2008, Minutes of Regular Meeting
#22, December 1, 2008 and Minutes of Workshop Meeting #105, December 2, 2008.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
1.
State of New York, Unified Court System – Justice
Court Assistance Program
2.
Time Warner Cable – Switched Digital Video
3.
Building Permits Issued – November 2008
4.
Meeting Minutes – Grand Island Memorial Library
Board of Trustees – May 29 & July 10, 2008
5.
Golden Age Center – Facility Usage – November 2008
6.
Golden Age Center – Vehicle Usage – November 2008
7.
Meeting Minutes – Planning Board – November 10,
2008
8.
Meeting Minutes – Zoning Board of Appeals –
November 6, 2008
9.
Meeting Minutes – Traffic Safety Advisory Board –
March, April, May, July, August, October and November 2008
10.
J.
O’Connell & Associates, Grants Consultants – Grand Island Recreational
Trails Grant
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
adopt the consent agenda as distributed.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
SUPERVISOR
McMAHON:
Monthly
Supervisor’s Report – May 2008 through November 2008
The
Supervisor reported a cash balance of $346,298 on May 1, 2008
Total
Receipts of $3,074,632
Total
Disbursements of $3,120,329
Operating
A/C Interest $75
Operating
A/C Balance $300,676
Investment
Interest $11,340
Investment
Balance $6,139,242
Total
Cash Balance as of May 31, 2008 $6,439,918
The
Supervisor reported a cash balance of $300,676 on June 1, 2008
Total
Receipts of $971,531
Total
Disbursements of $1,110,691
Operating
A/C Interest $77
Operating
A/C Balance $161,593
Investment
Interest $10,147
Investment
Balance $6,076,659
Total
Cash Balance as of June 30, 2008 $6,238,252
The
Supervisor reported a cash balance of $161,593 on July 1, 2008
Total
Receipts of $2,547,456
Total
Disbursements of $2,438,522
Operating
A/C Interest $96
Operating
A/C Balance $270,624
Investment
Interest $11,222
Investment
Balance $5,108,958
Total
Cash Balance as of July 31, 2008 $5,379,582
The
Supervisor reported a cash balance of $270,624 on August 1, 2008
Total
Receipts of $1,176,410
Total
Disbursements of $1,069,800
Operating
A/C Interest $107
Operating
A/C Balance $377,340
Investment
Interest $8,306
Investment
Balance $4,978,636
Total
Cash Balance as of August 31, 2008 $5,355,976
The
Supervisor reported a cash balance of $377,340 on September 1, 2008
Total
Receipts of $1,135,951
Total
Disbursements of $1,081,223
Operating
A/C Interest $146
Operating
A/C Balance $432,214
Investment
Interest $8,245
Investment
Balance $4,717,915
Total
Cash Balance as of September 30, 2008 $5,150,129
The
Supervisor reported a cash balance of $432,214 on October 1, 2008
Total
Receipts of $1,818,312
Total
Disbursements of $1,760,118
Operating
A/C Interest $179
Operating
A/C Balance $490,586
Investment
Interest $8,298
Investment
Balance $5,751,617
Total
Cash Balance as of October 31, 2008 $6,242,203
The
Supervisor reported a cash balance of $490,586 on November 1, 2008
Total
Receipts of $849,034
Total
Disbursements of $1,017,194
Operating
A/C Interest $108
Operating
A/C Balance $322,533
Investment
Interest $6,940
Investment
Balance $5,376,165
Total
Cash Balance as of November 30, 2008 $5,698,698
No action required by Town Board.
COUNCILWOMAN
MARY S. COOKE:
Medical Care Bonus Returned to Town
Councilwoman Cooke returned the health insurance incentive
check in the amount of $3,454.78. This is for information only, no action by
the Town Board.
COMMUNICATIONS
– OTHER TOWN OFFICIALS:
HIGHWAY
SUPERINTENDENT – RAYMOND DLUGOKINSKI:
Award
Bid – One New and Unused 2009 9’ All Season Dump Box
Highway
Superintendent Raymond Dlugokinski reported that he had opened the bids on
December 3, 2008 for a 2009 - 9’ all season dump box. One bid was received from the following:
Viking Cives
$22,431.00
After
careful review of the bid, Mr. Dlugokinski recommended the sole bidder, Viking
Cives be awarded the bid in the amount of $22,431.00.
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
accept Mr. Dlugokinski’s request for sole bidder, Viking Cives to be awarded
the bid for a 2009 - 9’ all season dump box in the amount of $22,431.00
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
DEPARTMENT
OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:
Award
Bid – 2008 Drainage Program – Project No. D-37
Town Engineer John Whitney reported that the bids were opened
on December 10, 2008 for the 2008 Drainage Improvement Program.
Six bids were received from the following:
L.D.C. Construction, Inc.
$ 46,573.25
Sam Long’s Landscaping
$ 69,450.00
Scott Lawn Yard, Inc.
$ 70,476.00
American
Paving & Excavating
$ 80,767.55
NFP
and Sons
$153,430.00
Mark
Cerrone
$357,496.00
After careful review of the bids, Mr. Whitney recommended the
low bidder, L.D.C. Construction, Inc. be awarded the bid in the amount of
$46,573.25.
A
motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept
Mr. Whitney’s request for low bidder L.D.C. Construction, Inc. to be awarded
the bid for the 2008 Drainage Program in the amount of $46,573.25.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Award
Bids – Refuse and Garbage District No. 1 – Garbage Collection and Disposal
– Job No. M-67-08
Town Engineer John Whitney reported that the bids were opened
on December 10, 2008 for the Refuse and Garbage District No. 1 – Garbage
Collection and Disposal, Job No. M-67-08.
Two bids were received from the following:
Allied Waste Services
$1,216,320.00
Modern Disposal Services
$1,319,850.00
Bids were also received for the collection of solid waste
from various Town facilities.
Allied Waste Services
No Charge if awarded Contract A
Modern
Disposal Services
$51,963.00
After careful review of the bids, Mr. Whitney recommended the
low bidder, Allied Waste Services be awarded the bid for year one of a five
year contract with one five year term renewal possible for residential
collection and disposal for the Town Facilities in the amount of $1,216,320.00
A motion was made by Councilman Roesch, seconded by
Councilwoman Cooke to accept Mr. Whitney’s request for low bidder Allied
Waste Services be awarded the bid for year one residential collection and
disposal for the Town Facilities in the amount of $1,216,320.00.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
TOWN
ACCOUNTANT – PAM BARTON:
Budget Amendment – LGRMIF
90% of the
2008-2009 NYS LGRMIF Grant for the Town of Grand Island has been received in
the amount of $13,536. This grant
was obtained to purchase the automated time & attendance management
software system form Executime.
A motion was
made by Councilwoman Argy, seconded by Councilman Crawford to approve the
following budget amendments for the grant money:
Increase
Revenue a/c 001.0001.3007
NYS Grants
$13,536
Increase
Appropriation
001.1620.0458 Shared
Services
Network Adm.
$13,536
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
CODE
ENFORCEMENT OFFICER:
Electrical
Election
Code
Enforcement Officer Douglas Learman reported the results of the yearly ballot
to elect a member to the Electrical Examining board to the Town Board.
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to
appoint Robert Zacher to the Electrical Examining Board for Grand Island for a
two-year term to expire on 12/31/10.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
PLANNING
BOARD:
Dates
and Time of 2009 Planning Board Meetings
Correspondence
was received by the Planning Board with the schedule of the 2009 meeting dates
and agenda deadlines. No action
by the Town Board.
Robert
& Carolyn Marble – Abandonment of Paper Street (Avery Ave.)
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
table the action pending the recommendation of the Highway Superintendent.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
COMMUNICATIONS
– GENERAL:
Astellas
– Layoff of Employees of Astellas Pharma Manufacturing, Inc.
No action by
the Town Board.
REPORT OF THE AUDIT COMMITTEE:
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #92579 – 92806
General
$ 75,864.43
Highway $
52,593.54
Sewer
$ 33,736.33
Water
$ 9,932.34
Capital
$ 1,900.00
Garbage
$ 94,695.93
Total
$268,722.57
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
UNFINISHED
BUSINESS:
Upstate Cellular, Long Road – Site Plan Approval – Cell Tower
Remains
Tabled
KeyCorp – Proposed Key Bank – Site Plan Review
Remains
Tabled
A.
Key Bank Correspondence Dated 12/8/2008 - Hopkins Garas & Sorgi, Attorneys
at Law
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
refer the correspondence from Hopkins, Garas & Sorgi, Attorneys at Law
regarding the request to modify the scope of work for the independent traffic
consultant to the Town Board for review and response.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Golf Course Villas at River Oaks, Phase 3, (21 Lots) – Final Plat
Approval
Remains
Tabled
SUSPEND
THE RULES:
Country Club Cottages - SDEIS
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to
suspend the rules to consider a request to establishing a new public comment
period for the Country Club Cottages Supplemental Draft Environmental Impact
Statement (SDEIS).
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
establishing a new public comment period for the Country Club Cottages
Supplemental Draft Environmental Impact Statement (SDEIS) beginning on
Saturday, December 20, 2008 and ending at 5:00p.m. on Tuesday, January 20,
2009. In addition, the applicant is directed to publish an
appropriate notice in the Town’s legal newspaper no later Friday, December
19, 2008.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
PUBLIC COMMENTS:
This is
an opportunity for residents to comment on any matter regarding Town
government on any subject.
Speakers:
None
FROM THE TOWN BOARD:
Councilwoman
Cooke: Santa at
Town Hall last Saturday – Thanks to Recreation Department
Councilman
Roesch: Astellas
Pharma is closing - Invitrogen is taking 60 employees; Knights of Columbus
food distribution; Thanks to all volunteers
From
All: Happy
Holidays, Merry Christmas, and Happy New Year
ADJOURNMENT:
A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
adjourn the meeting at 8:29p.m.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A moment of silence was observed in memory of the following:
Michael
Dommer
Kathryn
Tirone
Bertha
Matteson
Howard
Kaiser
Dorothy
Nizialek
Martha
Gangloff
Lana
Violanti
Alice
Engel
Helen
Becker
Carol
Nordvik
Respectfully
submitted,
Patricia
A. Frentzel
Town
Clerk