A regular meeting of the Town Board of Grand
Island, New York was held at the Town Hall,
Present:
Peter A. McMahon
Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Gary
G. Roesch
Councilman
Raymond
A. Billica
Councilman
Patricia
A. Frentzel
Town Clerk
Supervisor McMahon called the meeting
to order at 8:00p.m.
Supervisor
Councilman Raymond Billica 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
HEARINGS:
2011
Community Development Block Grant
A Public
Hearing was held on Monday, October 4, 2010 at 8:00p.m. for the purpose of
hearing anyone who wanted to suggest a project for 2011 Community Development
Block Grant Funds.
Supervisor
McMahon declared the Public Hearing closed.
A
public hearing was held at 8:00 P.M. for the purpose of hearing anyone who
wanted to speak in favor of or in opposition to creating Lighting District #60
Country Club Cottages Phase I.
Speakers in Favor:
None
Speakers
in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilman Roesch, seconded by Councilman Billica to adopt
the following resolution creating Lighting District #60 Country Club
Cottages Phase I:
WHEREAS, previously the Town Board of the Town of Grand Island, received a
petition, signed and acknowledged in the manner required by law by sufficient
number of property owners, together with a map, plan and report for the
creation of the Country Club Cottages Phase I Lighting District No. 60, Town
of Grand Island, the boundaries of which said district are set forth below,
and the improvements proposed consist of an electric street lighting system
serving said district; and
WHEREAS, pursuant to an Order adopted by this Town Board on September
20, 2010, reciting the filing of the map, plan and report, the improvements
proposed, the method of financing, the boundaries of the proposed Creation and
all other matters required to be stated by law, the Town Board of the Town of
Grand Island held a duly noticed public hearing at the Town Hall, 2255
Baseline Road, Grand Island, New York at 8:00 p.m. on October 4, 2010, to
consider creation of said district including the environmental significance
thereof and to hear all persons interested in the subject thereof, concerning
the same, and for such other further action on the part of said Town Board,
with relation to the proposed district.
1. Establishment of the
Lighting District will not have a significant adverse impact on the
environment and therefore a Negative Declaration of Environmental Significance
has been issued for the creation of this District.
2. That the Petition is
signed and acknowledged or proved or authenticated as required by law, and is
otherwise sufficient.
3. That the notice of
public hearing was duly published and posted as required by law, and is
otherwise sufficient.
4. That all properties and
property owners benefitted by the improvements are included in the District.
5. That all properties and
property owners included in the District are benefitted thereby.
6. That it is in the public
interest to create the Lighting District.
7. That in the opinion of
the Board, none of the properties included in the Lighting District will be
unduly burdened by the creation of the District.
8. That creation of the
District as set forth in the map, plan and report is approved, that the
performance of supplying electrical street lighting service be contracted for
by the Town Board acting for and on behalf of the District for the
illumination of streets or highways in said District pursuant to the
provisions of New York Town Law § 198(6), with an annual total charge not to
exceed $1,805.75, with an expected annual cost to the typical property in the
proposed District (which typical property is a single family
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
WHEREAS,
the boundaries of the proposed district are as follows:
ALL
THAT TRACT OR PARCEL OF LAND, situate in the Town of
Commencing at the northeast corner of
Running thence westerly along the north line of Lot 12, and the
centerline of Fix Road a distance of 569.00 feet to the Point or Place of
Beginning, said point being the northwesterly corner of lands conveyed to John
W. Smith and Sophie Smith by deed filed in the Erie County Clerks Office in
Liber 8546 of deeds at page 117;
Running thence southerly, along the westerly line of Smith, S.01°0445E
a distance of 383.00 feet to the southwest corner of Smith;
Running thence easterly, along the south line of Smith, and Parallel
with the north line of Lot 12 N88°5845E a distance of 385.67 feet to
the northwest corner of Subdivision Lot 11 as shown on Map filed in the Erie
County Clerks office under Map Cover 2268;
Running thence southerly, along the west lines of Subdivision Lots 11
and 12 and Parallel with the east line of Lot 12, S01°0145E a distance
of 160.02 feet to the southwest corner of said Subdivision Map;
Running thence easterly, along the south line of Subdivision Lot 12 N88°5815E
a distance of 130.00 feet to a Point of Curve;
Running thence along a curve to the left having a radius of 20.00 feet,
an arc length of 31.42 feet and chord bearing of N43°5815E and chord
distance of 28.28 feet to a point on the west line of Baseline Road;
Running thence easterly N88°5815E a distance of 33.00 feet to a
point on the centerline of
Running thence southerly, along the center line of Baseline Road and
the east line of Lot 12 S01°0145E a distance of 110.00 feet to a point;
Running thence westerly S88°5815W a distance of 33.00 feet to a
point on the west line of
Running thence along a curve to the left having a radius of 20.00 feet,
an arc length of 31.42 feet and chord bearing of N.46°0145W and a chord
distance of 28.28 feet to a point on the north line of Subdivision Lot 13 on
said subdivision map;
Running thence westerly, along the north line of Subdivision Lot 13 of
said subdivision map S88°5815W a distance of 130.00 feet to the north
west corner of Subdivision Lot 13;
Running thence southerly along the west line of Subdivision Lots 13
through 20 of said Subdivision Map S01°0145E a distance of 580.00 feet
to the northwest corner of Subdivision Lot 21 of said Subdivision Map, said
point also being the northeast corner of Subdivision Lot 53 as shown on Map
filed in the Erie County Clerks office under cover 2274;
Running thence westerly along the north line of Subdivision Lot 53 and
its extension S88°5815W a distance of 199.00 feet to a point on the
east line of Subdivision Lot 52 of said map;
Running
thence northerly along the east line of Subdivision Lot 52 N01°0145W a
distance of 7.07 feet to the northeast corner of Subdivision Lot 52;
Running thence westerly along the north line of Subdivision Lot 52 S88°5815W
a distance of 129.99 feet to the northwest corner of Subdivision Lot 52, said
point being a point on the east line of Subdivision Lot 51;
Running thence northerly along the east line of Subdivision Lot 51 N01°0115W
a distance of 35.00 feet to the north east corner of Subdivision Lot 51;
Running thence westerly along the north line of Subdivision Lots 51, 50
and 49 S88°5845W a distance of 159.78 feet to a point;
Running thence the following 8 courses and distances through the lands
conveyed to John Stickl Construction Co, Inc. by deed filed in the Erie County
Clerks Office in Liber 11103 of deeds at page 1677:
1.N01°0115W
a distance of 94.61 feet to a point
2.N17°3509E
a distance of 115.86 feet to a point
3.N19°5312W
a distance of 184.83 feet to a point
4.S88°5815W
a distance of 477.41 feet to a point
5.N01°0115W
a distance of 311.60 feet to a point
6.N30°5711E
a distance of 42.11 feet to a point
7.N41°0551E
a distance of 48.16 feet to a point
8.N01°0115W
a distance of 221.72 feet to a point on the south line of Subdivision Lot 6 as
shown on Map filed in the Erie County Clerks office under cover 2268;
Running
thence easterly along the south line of Subdivision Lots 6 though 10 of said
Subdivision Map N88°5845E a distance of 349.36 feet to the southeast
corner of Subdivision Lot 10 of said map;
Running
thence northerly along the east line of Subdivision Lot 10 N01°0115W a
distance of 114.00 feet to a point of curve;
Running
thence along a curve to the left having a radius of 20.00 feet , an arc length
of 31.42 feet and chord bearing of N46°0115W and chord distance of
28.28 feet to a point on the south line of Fix Road;
Running
thence northerly N01°0115W a distance of 33.00 feet to a point on the
centerline of
Running thence easterly, along the centerline of Fix Road and the north
line of Lot 12 N88°5845E a distance of 218.84 feet to the Point or
Place of Beginning, containing 17.082 acres more or less, and
9.
Within ten (10) days after adoption the Town Clerk shall file one
certified copy of this Resolution with the State Comptroller and record one
certified copy of this Resolution in the Office of the Erie County Clerk.
10.
This Resolution is effective immediately.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve
Minutes of Workshop Meeting #61, September 20, 2010, Minutes of Regular
Meeting #17, September 20, 2010, and Minutes of Workshop Meeting #62,
September 22, 2010
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
1.
Meeting
Minutes Board of Architectural Review August 17, 2010
2.
County of
Erie, County Executive 2010 Erie County Community Development Block Grant
(CDBG) Action Plan for Grandyle Village Sidewalk Improvement Project
3.
Time Warner
Cable Developments Affecting Time Warner Cable Subscribers in the
4.
State of
5.
Meeting
Minutes
6.
A motion was
made by Councilman Billica, seconded by Councilman Roesch to approve the
consent agenda as distributed.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
COMMUNICATIONS
TOWN BOARD:
SUPERVISOR
McMAHON:
Jack
& Carol Hugill,
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to grant
permission to Mr. & Mrs. Jack Hugill to occupy their motor home for a
three (3) week period ending October 21, 2010.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
Proposed
Property Exchange - David & Geraldine Stalica -
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to deny
the request for a proposed property exchange in
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
Authorize
Supervisor to Sign 2010-2013 Snow Removal Contract with
A
motion was made by Councilwoman Cooke, seconded by Councilman Billica to
authorize the Supervisor to sign the Intermunicipal Agreement with Association
of Erie County Governments and the Highway Superintendents.
The 2010-2011 rate is $3,077.67 per lane mile, the 2011-2012 rate is
$3,231.55 per lane mile, and the 2012-2013 rate is $3,393.13 per lane mile.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
TOWN
ATTORNEY PETER GODFREY:
Country
Club Cottages Phase I Road Dedication
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt
the resolution and consent in the matter of the acceptance and laying out of
certain Town Highways in the Town of Grand Island, County of Erie and State of
New York to be known as Cottagewood Lane subject to the approval of the Town
Attorney, Town Engineer and Highway Superintendent as follows:
WHEREAS, Upon submission of the annexed deed of dedication of
John W. Stickl Construction Co., Inc., dedicating and releasing the necessary
lands for 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
Cottagewood Lane; 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 accepting and laying
out the aforesaid town highway to be known as Cottagewood Lane, the Town
highways to consist of the lands described in the deed of dedication, subject
to the approvals of the Town Engineer, Highway Superintendent, 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 to be known as Cottagewood Lane, the Town Board
hereby accepts the annexed deed of dedication, provided it is filed by the
attorney for John W. Stickl Construction Co., Inc., or their representative,
in the Erie County Clerks office and the attorneys for the Town are
provided with a certified copy thereof documenting such satisfactory filing,
and it is further
RESOLVED that, the Town Superintendent and Town Clerk are hereby
authorized to execute such documents and enter into such agreements as are
necessary or appropriate to accepting and laying out the aforesaid town
highways.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
Country
Club Cottages Phase I Accept Public Improvements
A
motion was made by Councilwoman Cooke, seconded by Councilman Billica to adopt
the resolution accepting turnaround, public drainage, sanitary sewer and
access easements subject to the approval of the Town Attorney, Town Engineer
and Highway Superintendent as follows:
WHEREAS, John W. Stickl Construction Co., Inc. has offered
for dedication lands for proposed town highway to be known as Cottagewood
Lane, and the plans submitted by John W. Stickl Construction Co., Inc. in
connection with such proposed town highways include turnaround, sanitary
sewer, public drainage and access easements in favor of the Town of Grand
Island, and John W. Stickl Construction Co., Inc. has offered such turnaround,
sanitary sewer, public drainage and access easements to the Town of Grand
Island; now therefore, it is
RESOLVED, that subject to the approvals of the Town Engineer, Highway
Superintendent, and the attorneys for the Town, the Town Board does hereby
accept from John W. Stickl Construction Co., Inc., the owner of the Country
Club Cottages subdivision, the Temporary Turnaround Easement as shown by the
plans submitted to the Town, provided the easements are filed by the attorney
for John W. Stickl Construction Co., Inc., or their representative, in the
Erie County Clerks office and the attorneys for the Town are provided with
a certified copy thereof documenting such satisfactory filing; and it is
further
RESOLVED, that subject to the approvals of the Town Engineer, Highway
Superintendent, and the attorneys for the Town, the Town Board does hereby
accept from John W. Stickl Construction Co., Inc., the owner of the Country
Club Cottages subdivision, the Permanent Easement for Sanitary Sewer, Public
Drainage and Access as shown by the plans submitted to the Town, provided the
easements are filed by the attorney for John W. Stickl Construction Co., Inc.,
or their representative, in the Erie County Clerks office and the attorneys
for the Town are provided with a certified copy thereof documenting such
satisfactory filing, and it is further
RESOLVED that, the Town Superintendent and Town Clerk are hereby
authorized to execute such documents and enter into such agreements as are
necessary or appropriate to accepting and laying out the aforesaid easements.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
DEPARTMENT
OF ENGINEERING & WATER RESOURCES JOHN WHITNEY:
Authorize
Supervisor to Sign Memorandum of Agreement
The
Town signed the original Memorandum of Agreement that went into effect January
1, 2006 and expires on December 31, 2010.
The Town has benefitted greatly from being a member of the Coalition.
The Coalition has played an important role in helping the Town be in
compliance with our Stormwater Permit and will continue to do so under a new
agreement.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the Memorandum of Agreement for the Western
New York Stormwater Coalition through December 31, 2015.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
Final
Plat Approval
A
motion was made by Councilman Billica, seconded by Councilwoman Cooke to set a
Public Hearing for Monday, October 18, 2010 at 8:00p.m. for the for the purpose of hearing anyone who wants to comment
in favor or in opposition to Final Plat Approval for Grand Park
Vue Subdivision, Section VI.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
ZONING
OFFICE:
Special
Use Permit Renewal John R. Ventry, 3440 Stony Point Road Keeping of 1
Agricultural Animal on 2+ Acres
A
motion was made by Councilwoman Cooke, seconded by Councilman Billica to renew
the Special Use Permit for John R. Ventry, 3440 Stony Point Road for keeping
of 1 Agricultural Animal on 2+ Acres. The
site has been inspected and it is unchanged.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
Special
Use Permit Renewal Gail Villani, 5302 East River Road Keeping of 1
Agricultural Animal on 2.3 Acres
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
renew the Special Use Permit for Gail Villani, 5302 East River Road for
keeping of 1 Agricultural Animal on 2.3 Acres.
The site has been inspected and it is unchanged.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
Local
Law Intro #8 of 2010 Rezoning Meng-Ko Development LLC,
A
motion was made by Councilman Roesch, seconded by Councilman Crawford to set a
Public Hearing for Monday, October 18, 2010 at 8:00p.m. for the for the purpose of hearing anyone who wants to comment
in favor or in opposition to Local Law Intro #8 of 2010 Rezoning Request
from Meng-Ko Development LLC, 39.972 acres at 2356 Whitehaven Road to amend
the Zoning Map from R1-A to CR for the construction of a sports complex.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
COMMUNICATIONS
GENERAL:
Resignation
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept
the resignation of LuJean Jennings from the Economic Development Advisory
Board with regret and send a certificate of appreciation to Ms. Jennings.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
Block
Party Jamie Panowicz Waterford Park Saturday, October 23, 2010
Set Public Hearing
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set
a Public Hearing for Monday, October 18, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in
opposition to the closing of a portion of Waterford Park on October 23,
2010 for the purposes of a block party.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
REPORT
OF THE AUDIT COMMITTEE:
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #99016 99148
General
$ 47,541.35
Highway
$ 44,164.05
Sewer
$ 23,049.32
Water
$ 8,695.95
Fire
$246,302.54
Total
$369,753.24
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
UNFINISHED
BUSINESS:
Local
Law Intro #2 of 2009 - Rezoning of Business Districts
Remains
Tabled.
Development
& Funding Agreement JSJ Holdings LLC
Remains Tabled.
SUSPENSION
OF RULES:
Change
of Status Two Seasonal Employees
A
motion was made by Councilman Crawford, seconded by Councilman Billica to
suspend the rules to consider a change of status for two seasonal employees in
the Engineering Department.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
A
motion was made by Councilwoman Cooke, seconded by Councilman Billica to
accept the recommendation of the Town Engineer and change the status of Jesse
Petit and Timothy Burns from Part-time Seasonal to Part-time, effective
October 6, 2010 at their current hourly rate.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, 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:
Grand
Island Fire Company Annual Open House Friday, October 8, 2010 Hours:
5:00-8:00p.m. GI Main Fire Hall
ADJOURNMENT:
A motion was made by Councilman
Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:23p.m.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Noes 0
A moment of silence was observed in memory of the
following:
Mary
Matthews
Gerald Hawley
Michelle
Burke
Thomas Violanti
Alfreda
Chapin
Mieko Miller
Thomas
Sander
Respectfully
submitted,
Patricia A.
Frentzel
Town Clerk