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 17th of November, 2008.

 

Present:                      Peter A. McMahon                Supervisor

Mary S. Cooke                        Councilwoman

Richard W. Crawford                         Councilman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Supervisor Peter McMahon called the meeting to order at 8:00p.m.

 

Supervisor Peter McMahon 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                                       

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve  Minutes of Workshop Meeting #92, October 31, 2008, Minutes of Workshop Meeting #93, November 3, 2008, Minutes of Workshop Meeting #94, November 3, 2008, Minutes of Regular Meeting #20, November 3, 2008, Minutes of Workshop Meeting #95, November 6, 2008 and Minutes of Workshop Meeting #96, November 10, 2008.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes            0

 

CONSENT AGENDA:

1.      Meeting Minutes – Zoning Board of Appeals – October 2, 2008

2.      Golden Age Center – Vehicle Usage – October 2008

3.      Golden Age Center – Facility Usage – October 2008

4.      Building Permits Issued – October 2008

5.      County of Erie, County Executive – 2007 Centers for Disease Control Water Fluoridation Quality Award

6.      Meeting Minutes – Town of Grand Island Safety Committee – September 4, 2008

7.      Meeting Minutes – GIFTS Executive Team – September 18, 2008

8.      Meeting Minutes – Planning Board – October 13, 2008

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

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

SUPERVISOR McMAHON:

Authorize Supervisor to File Application – NYSOPRHP Recreational Trails Program Grant

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to file an application for funds through the New York State Office of Parks, Recreation and Historic Preservation, in accordance with the provisions of the Recreational Trails Program, in an amount not to exceed $200,000, and upon approval of said request, to enter into and execute a project agreement with the state for such financial assistance to this town for the development of a connecting trail for the Veterans Park Access Improvement Project.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

Local Law Intro #7 of 2008 – Request for Rezoning Property, Staley Road – Rezone from R1-A to M-1 (36.00-4-22.1) & (36.00-4-23.4)

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept

the recommendation of the Planning Board and approve the rezoning of SBL # (36.00-4-22.1) & (36.00-4-23.4) – from R1-A to M-1 on Staley Road as Local Law #4 of 2008 as follows:

 

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 to change the zoning designation, from R1-A to M-1, of a property described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Grand Island, County of Erie and State of New York, being part of Lot No. 40 and 41, and being more particularly bounded and described as follows:

BEGINNING in the south line of said Lot No. 40 and in the centerline of Staley Road, distant 2208.10 feet west from the southeast corner of said Lot No. 40 and being the southwest corner of land conveyed to Life Technologies, Inc. by deed and recorded in the Erie County Clerks’ Office in Liber 10524 of deeds at Page 444;

THENCE northerly forming an interior angle of 89°41’04” and along the west line of lands conveyed to Life Technologies, Inc. and parallel with the east line of Lot No. 40 a distance of 1989.75 feet to a point in Lot No. 41 which point if further described as the southerly line of lands conveyed to Joseph R. Takats by deed and recorded in the Erie County Clerks’ Office in Liber 10981 of deeds at Page 3429 and the northeast corner of lands conveyed to the Grand Island Central School District No. 1 in Liber 8284 of deeds at Page 213;

THENCE westerly forming and interior angle of 90°18’56” and along Takats southerly line and the northerly line of lands conveyed to the Grand Island Central School District No. 1 a distance of 251.00 feet to a point;

THENCE southerly forming an interior angle of 89°41’04” and passing though the lands owned by Grand Island Central School District No. 1 a distance of 1539.75 feet to a point, which point is in the north line of a map filed in the Erie County Clerks’ Office under cover No. 2488, which point is further described as the line between subdivision lot numbers three and four;

THENCE easterly forming an interior angle of 90°18’56” along the north line of subdivision lot number four and parallel with the south line of Lot No. 40, a distance of 151.00 feet to a point;

THENCE southerly forming an exterior angle of 90°18’56” along the east line of subdivision lot number four and parallel with the east line of Lot No. 40 a distance of 450 feet to a point in the south line of Lot No. 40 and the centerline of Staley Road;

THENCE easterly forming an interior angle of 90°18’56” along the centerline of Staley Road and the south line of Lot No. 40 a distance of 100.00 feet to the True Point of Place of Beginning.  Containing 9.905 acres +/-. 

AND ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island, County of Erie and State of New York, being part of Lot No. 40, described as follows: -

Beginning in the south line of said Lot No. 40 and in the center line of Staley Road, distant two thousand three hundred five and seventy-two hundredths (2305.72) feet west from the southeast corner of said Lot No. 40 and at the southwest corner of Tract No. A-100 in United States taking recorded in the Erie County Clerk’s office in liber 248 of Lis Pendens at page 231; running thence northerly parallel with the east line of Lot No. 40, four hundred fifty (450) feet; running thence westerly parallel with the south line of Lot No. 40, one hundred fifty-one (151) feet; running thence southerly parallel with east line of Lot No. 40, four hundred fifty (450) feet to the center line of Staley Road; running thence easterly along the center line of Staley Road, being the south line of said Lot No. 40, one hundred fifty-one (151) feet to the place of beginning.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, McMahon

Noes            0

 

Appointment – Board of Assessment Review

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Cornelius O’Donnell to the Board of Assessment Review for a five year term expiring September 30, 2013.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Request Permission to Bid – One New and Unused 2009 9’ All Season Dump Box

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Highway Superintendent to advertise for bids for one new and unused 2009 9’ all season dump box.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Local Government Efficiency Grant Program – Western New York Stormwater Coalition

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to adopt the following resolution in support of the grant application for a Local Government Efficiency Grant Program for the Western New York Stormwater Coalition:

WHEREAS, the Erie County Department of Environment and Planning (ECDEP) coordinates the activities of the Western New York Stormwater Coalition (WNYSC); and

            WHEREAS, the ECDEP has assumed the role of lead agency and has pursued grant funding to support the work of the WNYSC since its inception; and

            WHEREAS, the Town of Grand Island is a member of the WNYSC; and

            WHEREAS, the New York State Department of State solicited applications for projects that target shared services through it 2008-2009 Local Government Efficiency Grant Program; and

 

            WHEREAS, the ECDEP, in cooperation with the WNYSC, has prepared a grant application for an Outfall Inspection and Illicit Discharge Track Down Project Proposal; and

           

            WHEREAS, the required local match of 10% will provided by the WNYSC members’ annual membership fees; and

 

WHEREAS, the Co-Applicants to this application are the members of the WNYSC: Village of Alden, Town of Alden, Town of Amherst, Village of Angola, Town of Aurora, Village of Blasdell, Town of Boston, Buffalo Sewer Authority, Town of Cheektowaga, Town of Clarence, Village of Depew, Village of East Aurora, Town of Eden, Town of Elma, Town of Evans, Town of Grand Island, Town of Hamburg, Village of Hamburg, Village of Kenmore, City of Lackawanna, Village of Lancaster, Town of Lancaster, Village of Orchard Park, Town of Orchard Park, Village of Sloan, City of Tonawanda, Town of Tonawanda, Town of West Seneca, Village of Williamsville, Town of Cambria, Village of Lewiston, Town of Lewiston, Town of Niagara, Niagara Falls Water Board, City of North Tonawanda, Town of Pendleton, Town of Porter, Town of Wheatfield, Village of Youngstown, County of Erie, County of Erie - Sewer District #6, County of Niagara, Buffalo and Fort Erie Peace Bridge Authority,  State University of New York at Buffalo; and

 

NOW, THEREFORE BE IT

            RESOLVED, the Town of Grand Island   authorizes the ECDEP to submit an application to the Local Government Efficiency Grant Program for the 2008-2009 funding year; and be it further

           

            RESOLVED, that Chris Collins, Erie County Executive is the Lead Applicant Contact Person and is authorized to execute all financial and/or administrative processes relating to the grant program; and be it further

           

            RESOLVED, that the required local match of 10% to be provided by the Town of Grand Island  will come from its membership in the WNYSC and the annual membership fee it pays; and

           

RESOLVED, that upon approval of said grant request, the Town of Grand Island                   will enter into an Intermunicipal Agreement, where the shared services of the proposed project are listed in detail, with the co-applicants.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

Public Improvement Permit – Scenic Woods Subdivision, Phase I – Love  Road Frontage Lots

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Town Engineer and issue a Public Improvement Permit for Scenic Woods Subdivision, Phase I, Love Road frontage lots.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

Public Improvement Permit – Whitehaven Road Campground

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to table the Public Improvement Permit for Whitehaven Road Campground.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

 

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – Michael & Judith Schneider, Harvey Road – Keeping of 3 Agricultural Animals on 6.02 Acres

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve the Special Use Permit renewal for Michael & Judith Schneider, Harvey Road for keeping of 3 agricultural animals on 6.02 acres.  The site has been inspected and it is unchanged.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

PLANNING BOARD:

Jay & Patty Meyer, Long Road – Special Use Permit – Indoor Pool and Small Business at Home

This item is tabled in the Planning Board.  No action by the Town Board is necessary.

 

JB Landscaping & Snowplowing, Whitehaven Road – Site Plan Approval/4,000 Sq. Ft. Storage Building

A motion was made by Councilman Roesch, seconded by Councilman Crawford to accept the recommendation of the Planning Board and approve the Site Plan for JB Landscaping & Snowplowing on Whitehaven Road for a 4,000 square foot storage building subject to the Site Plan being amended to reflect additional landscaping on the south side berm.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

Robert & Rosemary Jellinick, East River Road – Exception to Subdivision Regulations

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Planning Board and deny the request for a waiver of Subdivision Regulations at 3760 East River Road based on the current zoning ordinance and apparent history of the property.  The applicant was advised to take the evidence to the Zoning Board of Appeals and petition for a variance.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

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

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to set a Public Hearing for Monday, December 1, 2008 at 8:00p.m.for the purpose of hearing anyone who want to make comments in favor or in opposition to Final Plat Approval for Golf Course Villas at River Oaks, Phase 3, (21 Lots).

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #92328 – 92453

General        $ 23,499.44      

Highway       $ 77,453.49

Sewer          $  17,443.46

Water           $    2,771.40

 Garbage       $  94,695.93

 Fire               $231,920.25 

  Total              $447,783.97              

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

UNFINISHED BUSINESS:

Upstate Cellular, Long Road – Site Plan Approval – Cell Tower

Remains Tabled

 

KeyCorp – Proposed Key Bank – Site Plan Review

Remains Tabled

 

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding Town government on any subject. 

    

       Speakers:             Gerald Wochadlo, Elizabeth Stoklosa, Lois Shriver

                                                            Re: Country Club Cottages-SDEIS

 

FROM THE TOWN BOARD: 

Councilwoman Cooke: Thanks to 53 volunteers for tree planting; Historic photo display in Town Hall Lobby

Councilman Roesch: Invitrogen donation

 

ADJOURNMENT:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adjourn the meeting at 8:33p.m.

APPROVED Ayes    5       Cooke, Crawford, Roesch, Argy, McMahon

         Noes    0

 

 

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

                                                                       


Gloria Webb

Jake Kavanaugh

Kenneth Shobert

James Dolson

Anthony “Hungry” Tafelski

Walter Bender

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk