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 November, 2010.
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
Peter
C. Godfrey
Town Attorney
Supervisor McMahon called the meeting to order at 8:00p.m.
Reverend Kevin Backus from
Bible
Presbyterian
Center
gave the Invocation.
Councilman Gary Roesch led the Pledge of Allegiance.
PUBLIC COMMENTS:
This is an opportunity for residents
to comment on any matter regarding the meeting agenda items only.
Speakers:
None
PUBLIC
HEARINGS:
Local
Law Intro #10 of 2010 Adopt Dog Licensing Law
A
Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in
opposition to Local Law Intro #10 of 2010 Adopt Dog Licensing Law.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A motion was made by
Councilman Crawford, seconded by Councilman Billica to adopt Local Law #9 of
2010 amending Chapter 12 of the Town Code as follows:
Section 1. Chapter
12 of the Town Code of the Town of
Grand Island
is hereby amended by deleting Section 12-13 in its entirety.
Section 2. Sections
12-14 through 12-17 of the Town Code of the Town of
Grand Island
are hereby renumbered as Sections 12-13 through 12-16.
Section 3. Renumbered
Sections 12-1 through 12-16 of the Town Code of the Town of
Grand Island
are hereby made part of Article I (Dog Control) of Chapter 12 of the Town
Code.
Section 4. Chapter
12 of the Town Code of the Town of
Grand Island
is hereby amended to add the following:
Article II. Dog
Licensing.
Section
12-18.
Title.
This
Article II of Chapter 12 of the Town Code of the Town of
Grand Island
shall be known as the Town of
Grand Island Dog Licensing Law
.
Section
12-19.
Purpose.
The
purpose of this article is to provide for the licensing and identification of
dogs within the Town of
Grand Island
.
Section
12-20.
Licensing Requirement.
A.
All dogs in the Town of
Grand Island
four (4) months or older, unless otherwise exempted, must be licensed with
Town Clerk.
B.
The owner of each dog required to be licensed shall obtain, complete,
and return to the Town Clerk a dog license application, together with the
license application fee, any applicable license surcharges and such additional
fees as may be established by the Town.
C.
Each license application shall be accompanied by proof that the dog has
been vaccinated against rabies or a statement from a licensed veterinarian
that such vaccination would endanger the dogs life, in which case
vaccination shall not be required. In
addition, if the dog to be registered has been spayed or neutered, the
application shall be accompanied by proof that the dog has been spayed or
neutered.
D.
Upon validation by the Town Clerk, the application shall become the
license for the dog described therein. Once
an application has been validated, no refund therefore shall be made.
The Town Clerk shall provide a copy of the license to the owner and
retain a copy in the Town records.
E.
Each license issued or renewed shall be valid for a period of one year.
Dog licenses are not transferrable to the Town of
Grand Island
from another municipality in
New York
State
or from another state.
F.
In the event that an owner of a dog which is licensed by another
municipality in
New York
State
moves into the Town of
Grand Island
, he/she must obtain an identification tag from the Town Clerks office.
In such instance, there will be no additional fee owing to the Town of
Grand Island
until such time as the license from the other municipality expires.
G.
Grace Period. Any dog harbored
within the Town of Grand Island which is owned by a resident of New York City
and licensed by the City of New York, or which is owned by a non-resident of
New York State and licensed by a jurisdiction outside the State of New York,
shall for a period of thirty (30) days be exempt from the provisions of this
section.
Section
12-21.
Licensing Fees.
A.
The fee for a dog licensed issued pursuant to § 12-20 shall be in an
amount set forth in the Schedule of Fees adopted by Town Board resolution and
filed in the office of the Town Clerk.
B.
In addition to the license fee established in Subsection A above, and
as set forth by New York State law, each applicant for a dog license shall pay
a surcharge of at least $1.00 for each spayed or neutered dog, or a surcharge
of at least $3.00 for each unsprayed or unneutered dog, as set forth by Town
Board resolution. The amounts
collected through this surcharge shall be used for the purposes of carrying
out animal population control efforts. Where
the owner submits a statement certified by a licensed veterinarian stating
that he or she has examined the dog and found that because of old age or other
reason, the life of the dog would be endangered by spaying or neutering, such
dog shall be treated as a spayed or neutered dog for purposes of this
surcharge.
C.
Conducting Enumeration. The
Town Board has determined that there is a continual need for dog enumeration
and a fee of $5.00 will be assessed to all dogs found unlicensed within the
Town of Grand Island at any time. If
the same or any other dog owned by the same owner is found to be unlicensed
for a second time within a five year period a $20.00 fee will be assessed and
if the same or any other dog owner by the same owner if found to be unlicensed
for a third time within such five year period a $40 fee will be assessed.
If the same or any other dog owned by the same owner is found to be
unlicensed more than three times within a five year period, each time the
enumeration fee shall double the last fee assessed but shall not exceed
$250.00.
D.
Service Dogs. The Town of
Grand Island will require a license for every guide dog, service dog, hearing
dog, therapy dog, and detection dog in accordance with § 12-20 of this
article; however, the fee for this license shall be waived.
Sufficient documentation of training or certification must be provided
to the Town Clerks office to qualify for this waiver.
E.
Any dog owner presenting sufficient proof that such dog owner is 65
year of age or over may be entitled to pay a lower annual license fee, as set
forth by Town Board resolution.
F.
The Town of
Grand Island
does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town Clerk, or the
clerk of the municipality in which the dog will be harbored, for the purchase
of the license for adoption purposes.
G.
All dog licenses may be purchased by visiting the Town offices or by
regular mail. If licensing or
renewing a license by mail, the appropriate fee must accompany the forms.
There will be no refund of fees for a one-year license.
H.
This
annual dog license fee shall be charged for all licenses becoming effective on
or after the effective date of this local law.
Section
12-22.
Identification Tags.
A.
Each dog licensed pursuant to § 12-20 of this article shall be
assigned, at the time the dog is first licensed, a Town identification number.
Such identification number shall be carried by the dog on an
identification tag which shall be affixed to a collar on the dog at all times.
At the time a dog is first licensed, one identification tag shall be
furnished to the owner at no charge. Any
replacement tag shall be obtained by the owner at his expense at a fee in an
amount set forth in the Schedule of Fees adopted by Town Board resolution and
filed in the office of the Town Clerk.
B.
No
tag carrying an identification number shall be affixed to the collar of any
dog other than the one to which that number has been assigned.
Section
12-23.
Change of Ownership.
A.
In
the event of a change in the ownership of any dog which has been licensed
pursuant to this article or in the address of the owner of record of any such
dog, the owner of record shall, within 10 days of such change, file with the
Town Clerk a written report of such change.
Such owner of record shall be liable for any violation of this article
until such filing is made or until the dog is licensed in the name of the new
owner.
Section
12-24.
Number of Dogs.
A.
No household shall keep more than three dogs that are four months of
age or older at any residence in the Town of
Grand Island
except as otherwise provided in the Town Code.
B.
Subsection A shall not apply to any person who secures either a
purebred permit pursuant to Section 12-25 of this article or a special use
permit pursuant to Chapter 49 of the Town Code of the Town of
Grand Island
.
Section
12-25.
Purebred Permit.
A.
Section 12-24 shall not apply to any person who secures a purebred
permit subject to the following conditions:
1. Any premises
with more than three dogs must secure a purebred permit.
The Dog Control Officer shall issue a purebred permit after inspection
of the premises. The Dog Control
Officer shall apply the following criteria for issuance of a purebred permit:
a. All
the dogs harbored on the premises must be purebred dogs registered by a
recognized registry association.
b. Capacity
of the owners to provide sufficient food and water for the dogs.
c. Capacity
of the owner to limit barking by the dogs.
d. Sufficient
housing for the dogs.
e. Capacity
of the owner to maintain the dogs in a clean manner.
f. Capacity
of the owners to provide necessary veterinary care for the dogs.
g. Capacity
of the owners to provide housing which does not subject the dogs to extreme
temperatures.
2. The Dog
Control Officer can revoke a permit if, after granting the permit, the owner
does not comply with the criteria set forth above.
The permit holder shall be notified, in writing, of the criteria with
which the owner has failed to comply. The
permit holder shall be provided 60 days to correct the noted violations.
In the event that the owner fails to correct the violations of the
criteria, the permit shall be revoked.
3. In the event
that more than three dogs are housed without a purebred permit, the individual
maintaining the dog shall have 30 days to remove the dogs.
4. Failure to
comply with this Purebred Permit section shall subject the responsible party
to a fine of $250 per day for each day the violation continues.
5.
A
fee will be due annually for the purebred permit in an amount set forth in the
Schedule of Fees adopted by Town Board resolution and filed in the office of
the Town Clerk. In addition to
this fee, all dogs must be licensed and all licensing fees must be paid to the
Town Clerk in accordance with this article.
Section 5. Severability.
Should any provision of this Local Law be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of
this Local Law as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
Section 6. This
Local Law is effective upon filing with the Secretary of State in accordance
with the Municipal Home Rule Law.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
Local
Law Intro #11 of 2010 Amendment of Zoning Code Chapter 49 to Allow for
Indoor Recreational Facilities in CR Zone
·
Local Law Intro #8 of 2010
Rezoning Meng-Ko Development LLC,
2356 Whitehaven Road
, from R1-A to CR
a. Planning Board
- Rezone SBL #36.00-2-7
A
Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in
opposition to Local Law Intro #11 of 2010 Amendment of Zoning Code
Chapter 49 to allow for Indoor Recreational Facilities in CR Zone.
Speakers in Favor:
Doug Meng
Speakers
in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilwoman Cooke, seconded by Councilman Billica to adopt
Local Law #10 of 2010 as follows:
SECTION 1. Section 49-83 of
the Town Code of the Town of
Grand Island
is hereby amended to add the following:
G.
Indoor Recreational Facilities,
including but not limited to Ice Hockey Arenas and Indoor Soccer Facilities.
SECTION 2. Section 49-84(D)
of the Town Code of the Town of
Grand Island
is hereby amended to read as follows:
D. Restaurants and snack bars for paying patrons of amusement parks,
indoor recreational facilities, and campgrounds
SECTION 3. This Local Law
shall be effective upon filing with the Secretary of State in accordance with
the Municipal Home Rule Law.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
A
motion was made by Councilman Crawford, seconded by Councilman Billica to
adopt Local Law #11 of 2010 for rezoning SBL #36.00-2-7 from R1-A to CR as
follows:
SECTION 1. The
Zoning Map of the Town of Grand Island, adopted pursuant to Section 49-21 of
the Town of Grand Island Town Code is hereby amended by rezoning parcel SBL #
36.00-2-7, 2356 Whitehaven Road, Grand Island, New York 14072, to the
Commercial Recreation (CR) District. The
property is described as follows:
All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Grand Island
,
County
of
Erie
and State of
New York
, being part of Lot NO. 58, bounded as follows:
On the north by the north line of said Lot No. 58; On the east by the
west line of premises conveyed by John Kaiser and Matilda Kaiser, his wife to
LeGrand R. Kaiser and Doris Kaiser, his wife in Liber 2128 of Deeds page 196
as filed in the Erie County Clerk's Office;
On the south by the south line of said Lot No. 58 and on the west by
the westerly line of land conveyed to John Kaiser and Matilda Kaiser, his wife
by Lottie Schieb by deed dated April 13, 1916 and recorded on the same day in
Erie County Clerk's Office in Liber 1338 of Deeds at page 415.
SECTION
2.
This Local Law is effective upon filing with the Secretary of State.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
APPROVAL OF MINUTES:
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve
Minutes of Workshop Meeting #74, October 28, 2010, Minutes of Workshop Meeting
#75, November 1, 2010, Minutes of Regular Meeting #20, November 1, 2010,
Minutes of Workshop Meeting #76, November 3, 2010, Minutes of Workshop Meeting
#77, November 5, 2010, Minutes of Workshop Meeting #78, November 8, 2010 and
Minutes of Workshop Meeting #79, November 8, 2010.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
CONSENT AGENDA:
1.
Building
Permits Issued October 2010
2.
Meeting
Minutes
Long
Range
Planning Committee September 22, 2010
3.
Time Warner
Cable Developments Affecting Time Warner Cable Subscribers in the
Western New York
Division
4.
Golden
Age
Center
Facility Usage
October 2010
5.
Meeting
Minutes Commission for Conservation of the Environment September 9,
2010
6.
Meeting
Minutes Zoning Board of Appeals October 7, 2010
7.
Meeting Minutes
Town of
Grand Island
Safety Committee October 7, 2010
A motion was
made by Councilman Billica, seconded by Councilman Crawford to approve the
consent agenda as distributed.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
GENERAL
COMMUNICATION:
Donna
Finney & Lee Brownschidle, 2065 West River Rd. Request to Split/Merge
Lots with 2039 West River Rd. Property
A
motion was made by Councilman Billica, seconded by Councilwoman Cooke to refer
the request of Donna
Finney & Lee Brownschidle,
2065 West River Rd.
to split/merge lots with property located at
2039 West River Rd.
to the Town Attorney for an opinion as to whether the issue should be sent to
the Zoning Board of Appeals or the Planning Board and to forward the request
directly.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
REPORT
OF THE AUDIT COMMITTEE:
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #99450 - 99555
General
$ 46,119.94
Highway
$ 5,712.91
Sewer
$ 13,601.60
Water
$ 5,392.81
Garbage
$103,596.78
Total
$174,424.04
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
UNFINISHED
BUSINESS:
Local
Law Intro #2 of 2009 - Rezoning of Business Districts
Remains
Tabled.
Development
& Funding Agreement JSJ Holdings LLC
Remains Tabled.
Local
Law Intro #9 of 2010 Proposal to Amend Language in Zoning Code, Chapter 49
by Deleting Section 49-10 (D)(6) in its entirety.
a. Planning Board
Proposal to Amend Language in Zoning Code
A motion was made by Councilwoman Cooke, seconded
by Councilman Roesch to adopt Local Law #12 of 2010 amending language in the
Zoning Code Chapter 49 as follows:
Section 1: The Town Code of
the Town of
Grand Island
is hereby amended by deleting §49-10(D)(6) in its entirety.
Section 2: This local law
shall be effective upon filing with the Secretary of State in accordance with
the Municipal Home Rule Law.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
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:
Councilmen Roesch, Crawford, Billica, Councilwoman Cooke & Supervisor
McMahon: Happy
Thanksgiving, New Town Dog Licensing Law, Erie County Budget Cuts GI
Library Impacts; Thanks to Re-Tree Volunteers
ADJOURNMENT:
A motion was made by Councilwoman
Cooke, seconded by Councilman Billica to adjourn the meeting at 8:21p.m.
APPROVED Ayes
5
Cooke, Crawford, Roesch, Billica, McMahon
A moment of silence was observed in memory of the
following: