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 8:00 PM on the 3rd of July 2006.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Also Present:              Raymond Dlugokinski             Highway Superintendent

 

Supervisor McMahon gave the Invocation. 

Councilman Roesch led the Pledge of Allegiance. 

Supervisor McMahon called the meeting to order at 8:00PM.

 

PROCLAMATIONS:

Friends of Lynnette Bike Tour – Members of the Friends of Lynnette Bike Tour accepted the proclamation.

 

PRIVILEGE OF THE FLOOR:

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

Residents who spoke:            None

 

APPROVAL OF MINUTES:

A motion was made by Councilman Crawford, seconded by Councilman Roesch to Approve Minutes of Workshop Meeting #31, June 14, 2006, Minutes of Workshop Meeting #32, June 14, 2006, Minutes of Workshop Meeting #33, June 19, 2006, and Minutes of Regular Meeting #11, June 19, 2006.

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

                        Noes            0

 

PUBLIC HEARINGS:

Jerod & Jim Battaglia, 151 South Lane – Petition to Amend the Zoning Map – 2569 Whitehaven Road – from M1 to M2

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed request of Jerod & Jim Battaglia, 151 South Land to amend the zoning map for property located at 2569 Whitehaven Road from M-1 to M-2.

Residents who spoke in Favor:            None

 

Residents in Opposition:            Frank Preve, Barbara Johnson, Carlene Gerber, Gary Tim

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the petition to amend the zoning map for property located at 2569 Whitehaven Road from M-1 to M-2  to the Planning Board for review and recommendation.

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

                        Noes            0

 

Park Place Patio Homes – Whitehaven Road – Preliminary Approval (Revised)

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to reschedule the Public Hearing for Park Place Patio Homes for Monday, July 17, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against Park Place Patio Homes, Whitehaven Road Cluster Development Approval.

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

                        Noes            0

 

CONSENT AGENDA:

1.      County of Erie, Department of Personnel – Erie County Civil Service Canvass Letter

2.      County of Erie, Department of Environment and Planning, Division of Planning and Economic Development – Public Review of Draft 2005 Erie County Consolidated Annual Performance Report (CAPER)

3.      Town of Elma & Town of Clarence – Resolution in Support of the Termination of the 1977 Sales Tax Revenue Distribution Agreement

4.      New York State Office of Parks, Recreation and Historic Preservation – Grand Island Bike Trail Connection – Pin No. 5757.77 Funding

5.      Meeting Minutes – Long Range Planning Committee – May 23, 2006

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the consent agenda as distributed.

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

                        Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Referendum for Fire Company Service Awards

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt the following resolution to authorize the Grand Island Fire Company to hold a referendum vote August 8, 2006:

WHEREAS,  Chapter 775 of the 1988 Laws of the State of New York, as amended, provides for the establishment, abolishment, or amendment, after a mandatory referendum, of a service award program for volunteer firefighters of incorporated fire companies within fire protection districts;  and

            WHEREAS,  the Town Board of the Town of Grand Island pursuant to a resolution adopted on September 17, 1990 by unanimous vote, approved the establishment of a Length of Service Award Program, which program was approved pursuant to a majority vote by eligible electors within the Grand Island Fire Protection District in the required/mandatory referendum held on December 18, 1990;  and

            WHEREAS,  the Grand Island Fire Company wishes to amend its Length of Service Award Program;  now therefore

            BE IT RESOLVED,  that subject to the provisions of Article 11-A of the General Municipal Law and a mandatory referendum to be held on August 8, 2006, the defined contribution service award program previously adopted shall be amended as follows:

A.        The existing #3, which gives an automatic 25 points to each elected and appointed official shall be deleted;

B.       A new #3 shall be added as follows:

“Miscellaneous Activities – Maximum fifteen (15) points. Participation in activities covered by the Volunteer Firefighters’ Benefit Law including but not limited to participation by paramedics and advanced EMTs in quality assurance meetings, Senior Assistance visits, fire prevention and education activities, a sitting member and participant in committee or Board of Directors meetings and other activities defined by the Administrator as being necessary to the operation of the Fire Company for the purpose of improving service to the community. 1 point per session of at least 2 hours in duration.”;  

C.       The amount of the award shall be increased from $480.00 to $590.00 for 2007;

D.       The amount of the award shall be increased from $590.00 to $700.00 for 2008 and beyond; and

            BE IT FURTHER RESOLVED,  that the mandatory referendum, scheduled for August 8, 2006 and held at Grand Island Fire Headquarters, 2275 Baseline Road, shall be open to all registered voters of the Town of Grand Island. The polls shall be open from 12 noon until 8:00 p.m. and that the Fire Company shall be responsible for all costs associated with this referendum. All registered voters according to Election Law are eligible to vote.  Absentee Ballots will be available in the Town Clerk’s office.  Three Republican and three Democratic Election Inspectors will be appointed to oversee the election.

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

                        Noes            0

 

LWRP – Accepting the FSGEIS

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to adopt the resolution accepting the Final Supplemental Generic Environmental Impact Statement as complete.  The resolution is as follows:

WHEREAS, the Town of Grand Island initiated preparation of a Local Waterfront Revitalization Program in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and

WHEREAS, the Draft Local Waterfront Revitalization Program (LWRP) has been prepared under the guidance of the Town, with consultant planning services provided by URS; and

            WHEREAS, the Town Board, as lead agency, has prepared a Supplemental Draft Generic Environmental Impact Statement (DSGEIS) concerning the action of adopting the LWRP in accordance with the requirements of the State Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State Environmental Conservation Law. The DSGEIS facilitates the task of conducting an updated review of the potential environmental impacts associated with the adoption of the Town of Grand Island Local Waterfront Revitalization Program (LWRP). The development of the LWRP has been a long process with the last directly related SEQRA action being the acceptance of a DGEIS on November 19, 1985. Since that time, significant work has been accomplished to develop planning documents to guide future development within the Town of Grand Island. This has included a Comprehensive Plan, The Town Center Master Plan, the Ferry Village Master Plan, and the Amended Zoning Code; and

WHEREAS, the Town Board held a Public Hearing on the DLWRP and the DSGEIS on March 21, 2005, where public comments were received; and

WHEREAS, the DLWRP and the DSGEIS were circulated by the Department of State to appropriate local, county, state, and federal agencies in accordance with the requirements of Executive Law, Article 42 and Part 617 of the implementing regulations for Article 8 of the Environmental Conservation Law; and

WHEREAS, all comments received were reviewed and considered by the Town Board during several workshop meetings, which were advertised and open to the public; and

WHEREAS, the Town Board, as Lead Agency, directed the Consultant to make certain revisions to the DLWRP in response to significant comments received; and further directed the Consultant to prepare the Final Supplemental Generic Environmental Impact Statement (FSGEIS) addressing the revisions, all in accordance with the provisions of Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law.

NOW, THEREFORE, BE IT RESOLVED, that the Final Supplemental Generic Environmental Impact Statement is accepted by the Town Board as complete.

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

                        Noes            0

 

Fuccillo Conservation Easement

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the Fuccillo Conservation Easement to the Conservation Commission for review and recommendation.

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

                        Noes            0

 

COUNCILWOMAN MARY S. COOKE:

State of New York, Department of Environmental Conservation – 2005/2006 Invasive Species Eradication Grant

Councilwoman Cooke informed the Town Board that the Town of Grand Island is the recipient of a $10,000 matching grant for eradication of about 2 acres of purple loosestrife using herbivorous insects.  No action required by the Town Board.

 

COMMUNICATIONS - OTHER TOWN OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL:

Block Party – Park Place, Bonnywoods & Forest Creek Estates – August 20, 2006  Set Public Hearing 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to schedule the Public Hearing for Monday, July 17, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against an application by the residents of Park Place, Bonnywoods Crossing and Forest Creek Estates for permission to close Park Place, between #106 and #132, to all traffic except emergency vehicles so that a block party may be held on Sunday, August 20, 2006.

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

                        Noes            0

 

Block Party – Wallace Drive –July 22, 2006 – Set Public Hearing

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to schedule the Public Hearing for Monday, July 17, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against consider an application by the residents of Wallace Drive for permission to close Wallace Drive, between Huth Road and South Park, to traffic except emergency vehicles so that a block party may be held on Saturday, July 22, 2006.

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

                        Noes            0

 

Budget Transfer

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to approve the request for an interdepartmental budget transfer for security improvements as follows:

Decrease            001-1450-0421            Rep./Main. Equipment            $500   

Decrease            001-1450-0443            Departmental Supplies            $300

Increase            001-1410-0443            Departmental Supplies            $800

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

                        Noes            0

TOWN ATTORNEY - PETER GODFREY:

Amendment of Abandonment of Paper Street, 2940 Bedell Road – William Torchia

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution regarding the abandonment of a paper street, 2940 Bedell Road as follows:

WHEREAS, at a Regular Meeting of the Town Board of the Town of Grand Island, held on December 16, 2002, a Resolution was adopted and approved granting the request of William Torchia that the Town abandon approximately 150 feet of the right of way of a paper street known as Fourth Street, north of Westwood Drive, as further described by the Highway Superintendent in his letter to the Town Board dated December 6, 2002; and

            WHEREAS, William Torchia has recently obtained an accurate survey, dated May 9, 2006 by Stephen S. Suita, P.L.S., which indicates that the exact measurement of the portion of said paper street that was intended to be abandoned pursuant to said December 16, 2002 resolution is 157.24 feet; and

            WHEREAS, based upon said May 9, 2006 survey, William Torchia has now requested that the Town Board resolution of December 16, 2002 be amended to reflect that the portion of the right of way of a paper street known as Fourth Street, north of Westwood Drive, to be abandoned measures 157.24 feet.

            NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Grand Island hereby amends its resolution of December 16, 2002 as requested by William Torchia, to show that the portion of the right of way of a paper street known as Fourth Street, north of Westwood Drive, abandoned pursuant to said resolution measures 157.24 feet.

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

                        Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES –  JOHN WHITNEY:

Hire Summer Help

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Engineer to hire one Seasonal Part-time laborer in the Wastewater Department at a rate of $8.25 per hour, effective July 10, 2006.

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

                        Noes            0

 

Authorize Supervisor to Sign Grant Disbursement Agreement – Community

Capital Assistance Program – Lavatory at Veterans Park

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Grant Disbursement Agreement for the Community Capital Assistance Program to construct the lavatory at Veteran’s Park.

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

                        Noes            0

 

Authorize to Advertise for Bids – Water Department Medium Size Dump Truck

A medium size dump truck was authorized in the 2006 Water budget and was to be purchased through OGS.  At this time, OGS does not yet have a contract for medium size dump trucks so a specification is being developed.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Engineer to advertise for bids for a medium sized dump truck for the Water Department.

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

                        Noes            0

Change Order No. 2 – Golden Age Center Roof Replacement – Job No.  M-178

Change Order No. 2 for the Golden Age Center roof replacement is work required that was not identified or anticipated under the original scope of work and includes replacement of a severely deteriorated atrium skylight and repairs to the building exterior (EFIS).  This Change Order will result in a net increase to the contract in the amount of $82, 268.00.  Funds are available under the original borrowing as reimbursements from the participating grant program have offset planned indebtedness.

A motion was made by Councilman Roesch, seconded by Councilman Crawford to approve Change Order No. 2 for the Golden Age Center Roof replacement.

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

                        Noes            0

 

Change Orders – Performance Service Contract – Job No. M-171

Change Order No. FREY10 is to provide labor, material and supervision for installation of an Emergency Generator at the Golden Age Center.  This Change Order will result in a net increase to the contract in the amount of  $ 43,400.00.  Change Order No. DANFORTH12 is to provide labor, material and supervision for the installation of HVAC in the Golden Age Center Kitchen.  This Change Order will result in a net increase to the contract in the amount of  $ 16,988.00.  Change Order No. DANFORTH13 is to provide labor, material and supervision for the modifications to the courtroom HVAC.  This Change Order will result in a net increase to the contract in the amount of  $ 14,542.72.

Change Order No. CBO7 is to provide labor, material and supervision for the installation of window tint to the Town Hall first floor windows.  This Change Order will result in a net increase to the contract in the amount of  $ 3,124.80.  Change Order No. CBO8 is to provide labor, material and supervision for the installation of doors and windows at the Nike Base Maintenance Garage.  This Change Order will result in a net increase to the contract in the amount of  $ 60,498.36.  Change Order No. CBO9 is to provide labor, material and supervision for the installation of doors and windows at the Highway Garage.  This Change Order will result in a net increase to the contract in the amount of  $28,518.76. 

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the Change Orders as requested. The Change Orders will increase the overall project total by an amount not to exceed $132,000.  The Town’s Consulting Engineer on the project has reviewed the Change Orders and recommends approval.

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

                        Noes            0

 

RECREATION DIRECTOR - LINDA TUFILLARO:

Summer Youth Program Hires

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Recreation Director to hire 4 Seasonal Part-time employees for the Summer Youth Programs.

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

                        Noes            0

 

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – Florence L. Prawel, 2400 Fix Road – Keeping of 3 Agricultural Animals on 5.9 Acres at 993 Whitehaven Road

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to renew the Special Use Permit for Florence L. Prawel, 2400 Fix Road for keeping of 3 agricultural animal on 5.9 acres at 993 Whitehaven Road. 

The property has been inspected.  There is a foal on the premises.  If the owner keeps the foal, she will have to apply for a new Special Use Permit for the fourth animal.

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

                        Noes            0

 

ANIMAL CONTROL OFFICER – GREGORY BUTCHER:

Appoint Part-Time Dog Control Officer

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept with regret the letter of resignation from Robert Meyer.  The Town Board will send a certificate of appreciation to Mr. Meyer. The Supervisor is authorized to advertise the part-time position vacancy.

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

                        Noes            0

 

 

GENERAL COMMUNICATION:

American Federation of State, County and Municipal Employees, AFL-CIO – Negotiations

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer the correspondence from American Federation of State, County and Municipal Employees AFL-CIO – Negotiations to the Town Board.

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 #83495 - #83663

General     $   16,270.58  

Highway    $   42,541.29

Sewer                 $   20,584.50

Water                 $   23,487.89

      Total      $ 102,884.26

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

                        Noes            0

 

 

UNFINISHED BUSINESS:

Meyer-Sheenwater Estates – Phase II – Love Road – Preliminary Approval

Remains Tabled.

 

 

Rezoning – Gun Creek PDD – Local Law No. 6/2006

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt Local Law #6/2006 Rezoning Gun Creek PDD as follows:

The Development Concept Plan for Gun Creek Planned Development District, as shown on the map, is hereby approved.  The Local Law shall be effective upon filing with the Secretary of State.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            1            Argy

 

 

PRIVILEGE OF THE FLOOR:

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

 

Residents who spoke:            Frank Preve, Gary Tim                                     Re: Whitehaven Campgrounds

                                                                     

FROM THE TOWN BOARD:

Councilman Roesch:  Happy 4th of July - Remember our Troops overseas

Councilwoman Cooke:  Public Hearing notification to neighbors

Councilman Crawford:  Public Hearing notification to neighbors

Councilwoman Argy:  Have a happy and safe 4th of July

Supervisor McMahon:  4th of July parade, fireworks at Fantasy Island

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 8:55 p.m.

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

                        Noes            0

 

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

 

Mary Narad

Arthur Beyer

Nicole Herman

Christine Ryshkus

Kathryn Raby

Paul Kane

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel          
Town Clerk