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 6th of July, 2009.

 

Present:                      Richard W. Crawford                         Deputy Supervisor

Mary S. Cooke                        Councilwoman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Excused:                     Peter A. McMahon                Supervisor

 

Deputy Supervisor Richard W. Crawford called the meeting to order at 8:00p.m.

Mr. Bruce Tyrone from Emmanuel Community Bible Church gave the Invocation.

Councilwoman Susan J. Argy led the Pledge of Allegiance. 

 

PROCLAMATIONS:

Grand Island Rotary Club 50th Anniversary

 

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

 

Speakers:            Gerald Wachadlo, Liz Stoklosa, Anita DeGlopper, Lois Shriver, Sean Hopkins, Ray DeGlopper

                                                            Re: Country Club Cottages   

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #35, June 15, 2009, Minutes of Workshop Meeting #36, June 15, 2009, Minutes of Regular Meeting #11, June 15, 2009, Minutes of Workshop Meeting #37, June 16, 2009, Minutes of Workshop Meeting #38, June 17, 2009,  Minutes of Workshop Meeting #39, June 18, 2009, Minutes of Workshop Meeting #40, June 29, 2009, and Minutes of Workshop Meeting #41, June 29, 2009.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

CONSENT AGENDA:

1.      Meeting Minutes – Board of Architectural Review – May 19, 2009

2.      Meeting Minutes – Commission for the Conservation of the Environment – April 9, 2009

3.      Meeting Minutes – Commission for the Conservation of the Environment – May 14, 2009

4.      New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources – Freshwater Wetland Map Amendment Notice, Addition of Wetland TW-30

5.      County of Erie, Department of Environment and Planning – Public Review of Draft 2008 Erie County Consolidated Annual Performance Report (CAPER)

6.      Meeting Minutes – GIFTS Executive Meeting – May 21, 2009

7.      County of Erie, Department of Environment and Planning – General Municipal Law, Section 239-m, Referral to Erie County

8.      Golden Age Center – Vehicle Usage – June 2009

9.      Building Permits Issued – June 2009

10.  County of Erie, Department of Environment and Planning – Final 2008 Comprehensive Annual Performance Report (CAPER)

11.  Time Warner Cable – Developments Affecting Time Warner Cable Subscribers in the Town of Grand Island

12.  Golden Age Center – Facility Usage – June 2009

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the consent agenda as distributed.      

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

 

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Supervisor to Advertise – Part-Time Code Enforcement Officer

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the correspondence regarding the part-time Code Enforcement Officer to the Town Board.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Niagara Falls Campground, LLC (Whitehaven Road Campgrounds) – Approve Cabins

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the recommendation of the Town Attorney and direct the  Code Enforcement Officer to issue building permits for six (6) 208 sq. ft. And five (5) 384 sq. ft. cabins as per the approved Site Plan.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Final Plat Approval – Ransom Village, Section 4E – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public Hearing for Monday, July 20, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Final Plat Approval – Ransom Village, Section 4E.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Local Law Intro #4 of 2009 – 6th Street Mining Overlay District – Solicit Lead Agency Status

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Town Engineer to state the Town’s intention to seek lead agency status for State Environmental Quality Review Act (SEQRA).

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

Grand Park Vue – Phase V – Create Lighting District  #56 – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public Hearing for Monday, July 20, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Grand Park Vue, Phase V to create Lighting District  #56 and adopt the following resolution:

 

WHEREAS, a petition has been filed with the Town Clerk, signed and acknowledged in the manner required by law by a sufficient number of property owners, together with a map, plan and report for the creation of the Grand Park Vue Phase V Lighting District No. 56; and

           

WHEREAS, the boundaries of the proposed district are as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island, County of Erie, State of New York, being part of lots 107,112 & 113 and more particularly described on Schedule “A”, and

 

WHEREAS, the improvements proposed consist of an electric street lighting system serving said Grand Park Vue Phase V, and

 

WHEREAS, the estimated annual expense of supplying of said electrical street lighting is $1,277.77, with an expected annual cost to the typical property in the proposed District (which typical property is a single family home) of $63.89, which said expense shall be levied and collected from the several lots and parcels of land within said Lighting District,

 

NOW, THEREFORE, be it ORDERED, that a meeting of the Town Board of the Town of Grand Island will be held at the Town Hall, 2255 Baseline Road, Grand Island, New York, on July 20, 2009 at 8:00 p.m. on said day, 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 and further action on the part of said Town Board, with relation to the premises; and

 

BE IT FURTHER ORDERED, that the map, plan and report referred to herein, including the explanation of how the cost to the typical property was determined, may be reviewed at the office of the Town Clerk, 2255 Baseline Road, Grand Island, New York, during normal business hours; and

 

BE IT FURTHER ORDERED, that the Town Clerk shall publish a copy of this Order at least  once in the official newspaper of the Town, the first publication of which is to be not less than ten nor more than twenty days before the date set herein for the public hearing, and shall also cause a copy of this Order to be posted on the sign-board of the Town maintained pursuant to Town Law  §30(6), not less than ten nor more than twenty days before the date set herein for the public hearing; and

 

BE IT FURTHER ORDERED, that the Town Clerk shall file a certified copy of this Order with the Office of the State Comptroller, on or about the date of publication of this Order.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

Grand Park Vue – Phase V –  Road Dedication

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution for Grand Park Vue, Phase V regarding the road dedication:

Upon submission of the annexed deed of dedication of John W, Stickl Construction Co., Inc, 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 Pin Oak Circle and Havenwood 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 Pin Oak Circle and Havenwood Lane, the Town highway 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 to be known as Pin Oak Circle and Havenwood 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 its 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    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Grand Park Vue – Phase V – Accept Public Improvements

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution for Grand Park Vue, Phase V accepting public improvements:

WHEREAS, John W. Stickl Construction Co., Inc. has offered for dedication lands for a proposed town highway to be known as part of Pin Oak Circle and Havenwood Lane; and

 

WHEREAS, the plans submitted by John W. Stickl Construction Co., Inc. in connection with such proposed town highways include sanitary sewer, public drainage, access easements and temporary turnaround easement in favor of the Town of Grand Island; and

 

WHEREAS, John W. Stickl Construction Co., Inc., has offered such sanitary sewer, public drainage, access easements and temporary turnaround 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 John W. Stickl Construction Co., Inc., the owner of Grand Park Vue Subdivision Section V, a Permanent Easement for Sanitary Sewer, Public Drainage and Access and a Temporary Turnaround Easement annexed hereto as attachment A, provided it is filed by the attorney for John W. Stickl Construction Co., Inc. 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;

 

AND BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town, the Supervisor is authorized and directed to execute said easements.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

Bond Resolution – Reconstruction of and Construction of Improvements to Town Parking Areas

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the following resolution regarding the reconstruction of and construction of improvements to Town parking areas:

 

            A BOND RESOLUTION, DATED JULY 6, 2009, OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE RECONSTRUCTION OF AND CONSTRUCTION OF IMPROVEMENTS TO TOWN PARKING AREAS AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH IN THE TOWN, AT A MAXIMUM ESTIMATED COST NOT TO EXCEED $110,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $110,000 OF THE TOWN OF GRAND ISLAND, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

 

BE IT RESOLVED, by the Town Board of the Town of Grand Island, in the County of Erie, New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

 

SECTION 1.  The Town is hereby authorized to undertake the reconstruction of and construction of improvements to Town parking areas and other improvements in connection therewith including, but not limited to, the Grand Island Memorial Library entrance drive and parking area, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (the “Purpose”).  The maximum estimated cost of the purpose will not exceed $110,000.

 

SECTION 2.  The Town Board plans to finance the maximum estimated cost of the purpose by the issuance of serial bonds in an amount not to exceed $110,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, offset by any federal, state, county and/or local funds received including, but not limited to, a New York State Construction Fund Grant in an approximate amount of $50,000 and an Erie County Library Construction Fund Grant in an approximate amount of $20,000.

 

SECTION 3.  It is hereby determined that the purpose is an object or purpose described in subdivision 20 (f) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the purpose is ten years, however, the obligations will be paid off in five years or less.

 

SECTION 4.  Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.

 

SECTION 6.  The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  Unless paid from other sources, there shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of such notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized including, but not limited to, authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of such bonds, and the renewals of such notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

 

SECTION 8.  The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9.  The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10.  The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

SECTION 11.  The Town has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

 

SECTION 12.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

 

(1)            (a)            such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or

 

(b)         if the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with, and

an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication of this notice; or

 

(2)            Such obligations were authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13:   The Town Clerk is hereby authorized and directed to publish this resolution or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.

 

SECTION 14. This resolution is effective immediately. 

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Bond Resolution – Construction of New  Sidewalks in a Portion of the Town

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution regarding the construction of new sidewalks in a portion of the Town:

            A BOND RESOLUTION, DATED JULY 6, 2009, OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, ERIE COUNTY, NEW YORK (THE “TOWN”) AUTHORIZING THE CONSTRUCTION OF NEW SIDEWALKS IN A PORTION OF the Town, AT A MAXIMUM ESTIMATED COST NOT TO EXCEED $70,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $70,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

 

BE IT RESOLVED, by the Town Board of the Town of Grand Island, in the County of Erie, New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

 

SECTION 1.  The Town is hereby authorized to undertake the construction of new sidewalks in a portion of the Town, and other improvements in connection therewith including, but not limited to, the construction of approximately 350 lineal feet of blacktop path along Love Road and the construction of approximately 840 lineal feet of new concrete sidewalk along East Park Road and all preliminary work and necessary equipment, materials and related site work and all preliminary costs and other improvements and costs incidental thereto (collectively, the “Purpose”).  The maximum estimated cost of the Purpose will not exceed $70,000.

 

SECTION 2.  The Town Board plans to finance the maximum estimated cost of the Purpose by the issuance of serial bonds in an amount not to exceed $70,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received including, but not limited to, a Safe Routes to School Federal Grant in an approximate amount of $48,000.

 

SECTION 3.  It is hereby determined that the Purpose is an object or purpose described in subdivision 24 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is ten years, however, the obligations will be paid off in five years or less.

 

 SECTION 4.  Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.

 

SECTION 6.  The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized including, but not limited to, authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

 

SECTION 8.  The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9.  The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10.  The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

SECTION 11.  The Town has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

 

SECTION 12.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

 

1.           (a)            such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or

      (b)               if the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with
and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication of this notice, or

                        2.            such obligations were authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.

SECTION 14. This resolution is effective immediately.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Country Club Cottages – Accept Supplemental Final Environmental Impact Statement (SFEIS)

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution regarding Country Club Cottages:

WHEREAS, the Stickl Construction Company, Inc. (“Stickl”) proposes to undertake the development of a cluster-type residential development in the Town of Grand Island, including the construction of houses, access roads and utility infrastructure,  known as the Country Club Cottages Cluster Development (the “Project”); and

WHEREAS, the Town Board of the Town of Grand Island, acting as lead agency pursuant to the State Environmental Quality Review Act (“SEQRA”) has issued a Positive Declaration of Environmental Significance and ordered Stickl to  prepare a Draft Environmental Impact Statement (“DEIS”); and

 

WHEREAS, the Town accepted the DEIS and accepted public comment thereon; and thereafter the Town and its experts, based on the public comments,  prepared a Final Environmental Impact Statement (“FEIS”); and

 

WHEREAS, the Town thereafter received new information and ordered Stickl to prepare a Supplemental Draft Environmental Impact Statement (“SDEIS”) on certain specific points; and

 

WHEREAS, the Town accepted the SDEIS and accepted public comment thereon; and

 

WHEREAS, the Town and its experts, based on the public comments,  prepared a Supplemental Final Environmental Impact Statement (“SFEIS”)

 

NOW THEREFORE, based on such review and consideration, the Town Board of the Town of Grand Island hereby resolves that

1.           The Country Club Cottages SFEIS is accepted.

2.           Stickl is directed to file a Notice of Completion of the SFEIS with all involved and interested agencies, with a copy to the Town Clerk and Town Engineer.

3.           Stickl is further ordered to post a copy of the SFEIS to the internet in accordance with SEQRA requirements, and assist the Town in posting a copy to the Town website.

4.           This Resolution is effective immediately.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

2009 – Bituminous Resurfacing of Various Town Roads – Job No. M-14-2009 – Advertise to Bid

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Town Engineer to advertise for bids for bituminous resurfacing of various Town roads – Job No. M-14-2009 on Friday, July 10, 2009 and open bids on Wednesday, July 29, 2009 at 10:00a.m.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

 

Water Treatment Plant Filter Painting – Job No. M-197 – Advertise to Bid

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Engineer to advertise for bids for the Water Treatment Plant Filter Painting – Job No. M-197 on Friday, July 10, 2009 and open bids on Wednesday, July 29, 2009 at 10:30a.m.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

 

 

 

Award Bid, Job No. M-82-09 – Library Resurfacing Project

Town Engineer John Whitney reported that the bids were opened on July 1, 2009 for the Library Resurfacing Project.  Four bids were received from the following:

                  Robinson Paving                  $ 50,871.00

                  Louis Del Prince & Sons      $ 53,655.00

                  Milherst Construction   $ 58,850.00

      Thomann Asphalt Paving    $ 61,237.50

 

After careful review of the bids, Mr. Whitney recommended the low bidder, Robinson Paving be awarded the bid in the amount of $50,871.00.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept Mr. Whitney’s request for low bidder Robinson Paving be awarded the bid for the Library Resurfacing Project in the amount of $50,871.00.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

RECREATION DIRECTOR – LINDA TUFILLARO:

Summer Program Hires – 2009

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Recreation Director and approve the following Summer Program Hires:

            Lifeguards at $7.60 per hour:

            Evan Carey

            Patricia Verost

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

CODE ENFORCEMENT OFFICER – DOUGLAS LEARMAN:

Proposed Filling of Existing Pond – 4950 East River Road

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Code Enforcement Officer and grant site plan approval for 4950 East River Road to fill an existing pond.  This will further authorize the CEO to issue a grading permit for the project.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

ZONING DEPARTMENT:

Special Use Permit Renewal – Patricia A. Burg, 3030 Stony Point Road – Keeping of 2 Agricultural Animals on 3.5 Acres

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to renew the Special Use Permit for Patricia A. Burg, 3030 Stony Point Road for keeping of up to 2 agricultural animals on 3.5 acres.  The site has been inspected and it is unchanged.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Special Use Permit Renewal – Florence L. Prawel, 2400 Fix Road – Keeping of 3 Agricultural Animals on 5.9 Acres

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the Special Use Permit Renewal for Florence L. Prawel, 2400 Fix Road to the Zoning Office for review.  The applicant is seeking to increase the number of horses kept on the property located at 993 Whitehaven Road.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

Special Use Permit Renewal – Sandy Beach Yacht Club, 1851 Winter Road – Parking Lot

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the Special Use Permit for Sandy Beach Yacht Club, 1851 Winter Road for a parking lot.  The site has been inspected and it is unchanged.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

COMMUNICATIONS – GENERAL: 

Dennis Phillips – Block Party – Oakridge Road – August 1, 2009 – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public Hearing for Monday, July 20, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to the closing a portion of Oakridge Road between # 131 and #251 on August 1, 2009 for the purposes of a block party.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to pay

Vouchers #94709 – 94865

General   $  64,074.51

Highway   $  11,651.16

Sewer   $  24,027.06

Water   $  10,617.03

 Capital          $    9,604.00

   Total                  $119,973.76

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

UNFINISHED BUSINESS:

Golf Course Villas at River Oaks, Phase 3, (21 Lots) – Final Plat Approval

Remains Tabled

 

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: 

Councilman Roesch:  Tuesdays in the Summer – Concert in the Gazebo

Councilwoman Cooke: Next year the Independence Day Parade and Race will be held on Saturday, July 3rd, 2010.

 

ADJOURNMENT:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adjourn the meeting at 8:52p.m.

APPROVED Ayes    4       Cooke, Crawford, Roesch, Argy

         Noes    0

 

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

 

Margie Jerge

Thomas Dzielski

Philip Killian

James Hallett

Harold Lansberry

Helen Ciechoski

Margaret Fahning

Stephen Miller

Muriel Abell

Stephania Chapados

Francis “Bud” Pritchard

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk