Grand Island Town Board Meeting April 18, 2004 Approved

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 19th of April, 2004.

 

Present:            Peter A. McMahon, Supervisor

                        Mary S. Cooke, Councilwoman

                        Richard W. Crawford, Councilman

                        Daniel F. Robillard, Councilman

                        Gary G. Roesch, Councilman

 

Also Present:            Betty Y. Lantz, Deputy Town Clerk

Dan Spitzer, Hodgson & Ross, representing the Town Attorney

John Whitney, Town Engineer

Raymond Dlugokinski, Highway Superintendent

 

Reverend James Schlegel of New Apostolic Church gave the Invocation. 

Councilman Daniel Robillard led the Pledge of Allegiance. 

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

PROCLAMATIONS

The Town Board presented a proclamation to Deputy Town Clerks at the meeting in recognition of Town Clerk’s Week to be designated the week of May 2-8th, 2004. 

PRIVILEGE OF THE FLOOR

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.  No speakers.

 

APPROVAL OF MINUTES

A motion was made by Councilman Crawford, seconded by Councilman Robillard, to approve the minutes from Workshop Meeting No.13, March 23, 2004, Workshop Meeting No.14, April 5, 2004, Regular Meeting No. 6, April 5, 2004 and Workshop Meeting No.15, April 9, 2004.

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

                        Noes            0 

PUBLIC HEARINGS - 8:00P.M.

1.  A public hearing was held at 8:00 P.M. for the creation of Majestic Woods Subdivision Lighting District No. 39. 

Speakers in favor: None

Speakers opposed: None

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the resolution approving the creation of the Majestic Woods Subdivision Lighting District No 39.

WHEREAS, previously the Town Board of the Town of Grand Island, received a petition, 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 Majestic Woods Subdivision Lighting District No. 39, Town of Grand Island, the boundaries of which said district are set forth below, and the improvements proposed consist of an electric street lighting system serving said district, and

            WHEREAS, pursuant to an Order adopted by this Town Board on April 5, 2004, reciting the filing of the map. plan and report, the improvements proposed, the method of financing, the boundaries of the proposed Creation and all other matters required to be stated by law, the Town Board of the Town of Grand Island held a duly noticed public hearing at the Town Hall, 2255 Baseline Road, Grand Island, New York, at 8:00 p.m. on  April 19, 2004, 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 proposed district.

           

 

 

NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND as follows:

            1.  Establishment of the Lighting District will not have a significant adverse impact on the environment and therefore a Negative Declaration of Environmental Significance has been issued for the creation of this District.

            2.  That the Petition is signed and acknowledged or proved or authenticated as required by law, and is otherwise sufficient.

            3. That the notice of public hearing was duly published and posted as required by law, and is otherwise sufficient.

            4. That all properties and property owners benefited by the improvements are included in the District.

            5. That all properties and property owners included in the District are benefited thereby.

            6. That it is in the public interest to create the Lighting District.

            7. That creation of the District as set forth in the map, plan and report is approved, that the performance of supplying electrical street lighting service be contracted for by the Town Board acting for and on behalf of the District for the illumination of streets or highways in said District pursuant to the provisions of New York Town Law § 198(6), with an annual total charge not to exceed $ 1,597.37, which said expense shall be levied and collected from the several lots and parcels of land within said District, as bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Grand Island, County of Erie, State of New York, and being part of Lot 93, and being more particularly bounded and described as follows:

            Being all property as set forth and shown on a subdivision map entitled

            “Majestic Woods Subdivision” as filed in the Erie County Clerk’s Office under map cover 3153.

8.  This Resolution is effective immediately.  Within ten (10) days after adoption the Town Clerk shall file one certified copy of this Resolution with the State Comptroller and the Office of the Erie County Clerk.

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

                        Noes            0

 

2.  A public hearing was held at 8:00 P.M. for Final Plat Approval of Ransom Village Section 4D (22 lots) on Park Lane, Grand Island, New York.

Speakers in favor: None

Speakers opposed: None

A motion was made by Councilman Robillard, seconded by Councilman Roesch to refer the request for Final Plat Approval for Ransom Village Section 4D (22 lots) on Park Lane to the Planning Board for review and recommendation.

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

                        Noes           

CONSENT AGENDA

1.  Golden Age Center - Usage of Vehicles - March 2004

2.  Golden Age Center - Usage of Facilities - February 2004

3.  Zoning Board of Appeals - Minutes - March 4, 2004

4.  Board of Assessment Review Training Certificate

5.  Office of Technology - Statewide Wireless Network -  Notice of Segmentation Pursuant to 6

     NYCRR §617.3(g)(1)

6.  Office of Technology - Statewide Wireless Network - Notice of Scoping

7.  State of New York - Local Open Space Planning Guide

8.  State of New York - Smart Development for Quality Communities Guide  

9.  Building Permits - March 2004

10. Tonawanda Fire Tower Training Facility Meeting

11. Conservation Commission - Minutes - February 12, 2004

12. Grand Island Bike Trail Connect Project - SEQR Lead Agency Designation

13. Notice of Claim - 7 Towerwood Road

14. Conservation Commission - Minutes - March 11, 2004

15. Board of Architectural Review - Minutes - March 8, 2004

16. Amended Local Waterfront Revitalization Program

17. Planning Board - Minutes - March 8, 2004

18. New York Power Authority Updates

19. NYSDEC Notice of Complete Application

20. Assemblyman Sam Hoyt Letter of Support to Fuccillo Project

21. WNY Chapter of NYSCAR Membership

22.  NYS Office of Real Property Services Residential Assessment Ratio

23. County of Erie - Household Hazardous Waste Drop-Off Day

24. Library Board of Trustees - Minutes - February 12, 2004

25. U.S. Small Business Administration Loans

26. Craig A. Slater  - Comments on Fuccillo Toyota Project 

Councilwoman Cooke noted that there will be a Household Hazardous Waste Drop-Off Day on Saturday, May 8, 2004 and a Electronics Recycling Day on Saturday, May 15, 2004, both at Erie Community College North Campus between the hours of 9:00 A.M.-2:00 P.M.

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

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

                                Noes                0 

COMMUNICATIONS - TOWN BOARD 

SUPERVISOR McMAHON:

SUPERVISOR’S MONTHLY REPORT – MARCH 2004

The Supervisor reported a cash balance of $266,015 on March 1, 2004

Total Receipts of $979,519

Total Disbursements of $1,211,349

Operating A/C Balance $34,184

Investment Interest $8,049

Investment Balance $6,051,381

Total Cash Balance as of March 31, 2004 $6,085,565

No action required by Town Board. 

RESIDENTS OF BONNYWOODS CROSSING, HARVEY ROAD AND PARK PLACE COMMENTS REGARDING SMITH VENTURES RE-ZONING REQUEST

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to refer the  comments regarding Smith Ventures Re-zoning Request from the residents of Bonnywoods Crossing, Harvey Road and Park Place to the Town Board.

APPROVED            5            Cooke, Crawford, Robillard, Roesch, McMahon

                        0            Noes

 

LETTER OF RESIGNATION

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to accept the letter of resignation with regret, from Elaine Dodge retiring April 24, 2004 as clerk typist, and to issue a certificate of appreciation.

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

                        Noes            0 

SPRINT CO-LOCATON AGREEMENT

A motion was made by Councilman Robillard, seconded by Councilman Roesch to authorize the Supervisor to sign the Co-Location Agreement with Sprint.    

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

                        Noes            0 

COMMUNICATIONS - OTHER OFFICIALS: 

PLANNING BOARD:

Joseph Salamone - 2406 Love Road - Special Use Permit - Keeping of up to 4 Equine Animals

Tabled in Planning Board.  No action required.

 

Executive Carpet Cleaning - 110 Industrial Drive - Site Plan Approval/One Story Storage Building

a motion was made by Cooke, Seconded by Robillard to approve the site plan for Executive Carpet Cleaning, 110 Industrial Drive for a one-story storage building, with the understanding that the applicant will comply with all engineering requirements and that a dumpster will be properly screened.

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

                   Noes       0

 

Acquest Development for Dept. of Homeland Security - 201 Lang Blvd. - Site Plan Approval/One Story Office Building

A motion was made by Councilman Crawford, seconded by Councilman Robillard to approve the site plan for Executive Carpet Cleaning, 110 Industrial Drive for a one-story storage building subject to requirements of the Engineering Department. 

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

                   Noes       0

 

Island Meadows Subdivision - Sections 3A & 3B (45 lots) Conditional Plat Approval

Tabled in Planning Board.  No action required.

 

DiVal Safety - 2995 Grand Island Boulevard - Site Plan - Approval/One Story Office Building

A motion was by Councilman Robillard, seconded by Councilman Crawford to approve the site plan for DiVal Safety, 2995 Grand Island Boulevard for a one-story office building with the following conditions:

1. If a dumpster is installed, it must be enclosed in accordance with Town Code

2. A tree must be planted in accordance with the Grand Island Boulevard planting schedule

3. All Engineering requirements must be met.

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

                   Noes       0

 

Vincent Spada - 458 Ransom Road - Site Plan - Approval/Recreational Pond

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the site plan for Vincent Spada, 458 Ransom Road for a recreational pond if the side slope is modified to be 5 on 1 for the first 5’ of depth.

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

                   Noes       0

 

Mike Wylke/Brick Oven - 2375 Grand Island Boulevard - Request for      Outdoor Seating at a Restaurant

A motion was made by Councilman Crawford, seconded by Councilman Robillard to approve the site plan request by Mike Wylke/Brick Oven, 2375 Grand Island Boulevard for an outdoor seating area, 20’ x 60’, on the condition that any required parking spaces will be replaced.

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

                   Noes        0

 

 

 

Quiznos Subs - 2164 Grand Island Boulevard - Request for Outdoor Seating at a Restaurant

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the request from Quiznos Subs, 2164 Grand Island Boulevard for outdoor seating at the restaurant.

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

                   Noes       0

 

TOWN CLERK - PATRICIA A. FRENTZEL:

SPECIAL USE PERMIT RENEWAL - JAMES AND KATHY LORENTZ - 2555 STALEY ROAD - KEEPING OF HORSES (5)

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to renew the Special Use Permit for James and Kathy Lorentz, 2555 Staley Road for the keeping of five (5) horses.  The site has been inspected and is unchanged.

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

                        Noes            0

 

RECREATION DIRECTOR – LINDA TUFILLARO

SUMMER PART TIME HIRES

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the following summer part time hires:

Maintenance: part time seasonal (starting April 20, 2004)

Melford Hill - Level 5 @ $9.98

Richard Robak - Level 5 @ $9.62

John Goodfellow - Level 4 @ $8.72

Shaun Quinn - Level 3 @ $7.87

Kevin Kloesz - Level 2 @ $6.92

Thomas Digati - Level 1 @ $6.31

Kyle Moody - Level 1 @ $6.31

G. Cody Clarke - Level 2 @ $6.92

Nick Kozar - Level 2 @ $6.92

Summer Programs: @ 19 hours per week (starting April 20, 2004)

William Bleich - $6.90 per hour

Thomas Franz - $6.26 per hour

Sheri Ackendorf - $6.08 per hour

Allison Englert - $6.50 per hour

 

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

                        Noes            0

TOWN ENGINEER - JOHN WHITNEY

ADVERTISE FOR BIDS –VETERANS PARK ENHANCEMENT PROJECT

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize the Town Engineer to advertise for bids for the Veterans Park Enhancement Project on April 30, 2004.

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

                        Noes            0

 

COMMUNICATIONS - GENERAL:

None

 REPORT OF THE AUDIT COMMITTEE:

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

Pay Vouchers #75466 to 75585 as submitted.

       General     $141,993.18

     Highway    $     1,416.60

     Sewer        $  39,092.22

     Water         $  91,185.40

     Capital        $    6,080.10

     Refuse        $  62,082.65

Total           $341,850.15

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

                        Noes            0 

UNFINISHED BUSINESS:

ADOPT FEE SCHEDULE FOR 2004

A motion was made by Councilman Robillard, seconded by Councilman Crawford to adopt the updated fee schedule for 2004.

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

                        Noes            

NORMAN PARISI – 633 EAST RIVER ROAD – REMOVE PROPERTY LINE BETWEEN SBL 14-6-6 AND14-43 AND SEPARATE 14-16-6 AND 14-42-10

A motion was made by Councilman Crawford, seconded by Councilman Robillard to refer the request from Norman Parisi, 633 East River Road to remove property lines between SBL 14-6-6 and 14-43 and separate 14-16-6 and 14-42-10 to the Town Board.  This item is pending action by the Zoning Board of Appeals and Mr. Parisi has not yet filed an application.

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

                        Noes            0 

SUSPEND THE RULES

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to suspend the rules for the purpose of considering a grant request from the Court Clerk for a 2004 New York State Unified Court System Justice Court Assistance Program Grant Application and to set a public hearing for the Town Zoning Code.

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

                        Noes           

2004 NEW YORK STATE UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM GRANT APPLICATION

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign a grant application for the 2004 New York State Unified Court System Justice Court Assistance Program.

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

                        Noes           

SET A PUBLICH HEARING FOR THE TOWN ZONING CODE

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to set a public hearing for the Town Zoning Code on Thursday, June 3, 2004 at 7:00 P.M for the purpose of hearing anyone who wants to comment on the proposed re-zoning for the Town of Grand Island.

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

                        Noes            0 

FROM THE FLOOR:

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

Marcia Pfohl, 2012 East River Road  Re: Homeland Security 

FROM THE TOWN BOARD:

Councilman Roesch commented on the Presidents visit to Buffalo and noted the number of

Planning Board items on the agenda and the projects that are progressing.

 

Supervisor McMahon announced that the Citizens Corp Council will sponsor a CERT training to engage residents in self-preparation for dealing with different types of emergencies to be held at 6:30 P.M.  at the Fire Hall for seven Thursdays starting 5/6/04 for any residents with no cost to residents. 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to adjourn the meeting at 8:29P.M.

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

                        Noes            0 

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

                Vito L. Lavango

               Janice A. Roche

               Douglas P. Henderson

            Linda A. Curcie Peate 

 

Respectfully Submitted,  

Betty Y. Lantz

Deputy Town Clerk