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 dog’s 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 Clerk’s 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 Clerk’s 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

                        Noes    0

 

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

                        Noes    0

 

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

                        Noes    0

 

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

                        Noes    0

 

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

                        Noes    0

 

 

 

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

                        Noes    0

 

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

                        Noes    0

 

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

                        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: 

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

                        Noes    0

 

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


    

Doris Michaels                              Joseph Stefaniak

Mary DeMike                                 Henry Olrogge, Jr.

   Ryan Snyder                                 John Eichel

 

Respectfully submitted,  

 

Patricia A. Frentzel

Town Clerk