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.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who
spoke: None
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
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
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