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 17th of April 2006.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

Gary G. Roesch                        Councilman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Excused:                     Susan J. Argy                         Councilwoman

 

Reverend David Nitkowski from New Apostolic Church gave the Invocation. 

Councilman Gary Roesch led the Pledge of Allegiance. 

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

 

PROCLAMATION:

Relay for Life Event – Paint the Town Purple

Mary Dunbar-Daluisio from Relay for Life accepted proclamation for Paint the Town Purple Monday, May 1, 2006.  Businesses and residents are encouraged to participate.

 

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 Councilwoman Cooke to approve Minutes of Workshop Meeting #18, April 3, 2006, Minutes of Regular Meeting #6, April 3, 2006, and Minutes of Workshop Meeting #19, April 4, 2006.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

PUBLIC HEARING:

Rezoning 28.5 Acres at Southwest Corner of Fix and Baseline Roads

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed rezoning of 28.5 acres at the southwest corner of Fix and Baseline Roads from R1-D to R1-E.

Residents who spoke in Favor:            Letter from Robert & Kelli Alaimo, John Stickl, Al Hopkins

 

Residents in Opposition:            Richard Lippes, Lois Shriver, Liz Lutnick, Frank Burkhart, Cindy Bruno, Tom McAuliffe, Artie McAuliffe, Liz Stoklosa, Roger Cook, Anita DeGlopper, Gerry Wochadlo, e-mail from Don Keller, letter from James & Eileen Niland

 

A motion was made by Councilman Roesch, seconded by Councilman Crawford to refer the request to rezone 28.5 acres at the southwest corner of Fix and Baseline Roads from R1-D to R1-E and the comments from the Public Hearing to the Town Board for review and action.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

CONSENT AGENDA:

1.      Phillips Lytle LLP – Seneca Nation, et al v. State of New York, et al

2.      Golden Age Center – Vehicle Usage – March 2006

3.      Golden Age Center – Facility Usage – March 2006

4.      Building Permits Issued – March 2006

5.      Meeting Minutes – Town of Grand Island Safety Committee -             March 2, 2006

6.      Meeting Minutes - Board of Architectural Review – March 14, 2006

7.      Meeting Minutes – Zoning Board of Appeals – March 2, 2006

8.      Meeting Minutes – GIFTS Executive Team- March 15, 2006

9.      Meeting Minutes – Planning Board – February 27, 2006

10.  Meeting Minutes – Planning Board – March 13, 2006

11.  County of Erie, Department of Health – Municipal Construction Permits – Plan Review Fees

12.  State of New York, Senator Coppola – Memorandum in Support  -Eliminating Tolls at Grand Island Bridges

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

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

COMMUNICATIONS – TOWN BOARD:

Resolution – New York State Thruway Tolls

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution regarding NYS Thruway Tolls and distribute to State and County elected officials:

WHEREAS,   the New York State Thruway Authority (NYSTA) is a public benefit corporation organized under the laws of the State of New York;  and

           

WHEREAS,   in the immediate area the NYSTA maintains toll barriers at the Williamsville, Depew, Lackawanna, Blasdell, Hamburg, Odgen Street/Buffalo City Line, Black Rock and both the North and South Grand Island Bridges;  and

           

WHEREAS,   these aforementioned toll barriers act as a commuter tax on persons residing in the area, especially, on the residents of Grand Island;  and

           

WHEREAS,   these toll barriers have a detrimental impact on  intrastate and interstate commerce, slowing down commercial traffic causing undue delay in the shipment of goods, increasing the amount of fuel consumed, adversely affecting air quality, and negatively impacting the way the Buffalo area and the State of  New York are viewed by out-of-area  businesses due to this ‘hidden tax;’  and

                                                           

WHEREAS,   toll revenues from the State Thruway are being diverted to subsidize the operations and maintenance of the New York State Canal System, which has just been made toll-free for recreational boaters at the request of Governor George Pataki;  and

           

WHEREAS,   the Town Board of the Town of Grand Island desires to make public its opposition to the continuation of tolls at Williamsville, Depew, Lackawanna, Blasdell, Hamburg, Ogden Street/Buffalo City Line, Black Rock and both the North and South Grand Island Bridges;  now therefore

 

BE IT RESOLVED,  that the Town Board of the Town of Grand Island hereby memorializes the Governor and the Commissioners of the New York State Thruway Authority to remove the toll barriers at Williamsville, Depew, Lackawanna, Blasdell, Hamburg, Ogden Street/Buffalo City Line, Black Rock and both the North and South Grand Island Bridges; the removal of which will afford the easier passage of commerce and commuters through the Western New York area, which in turn will be beneficial to the economy of Western New York and New York State as a whole;  and

           

BE IT FURTHER RESOLVED,  that certified copies of this resolution be transmitted to Governor George Pataki, Senator Dale Volker, Senator Mary Lou Rath, Senator Marc Coppola, Senator George Maziarz, Erie County Executive Joel Giambra, Erie County Legislature Chairwoman Lynn Marinelli, New York State Senate Majority Leader Joseph Bruno, Honorable William Stachowski, New York State Assembly Speaker Sheldon Silver, Honorable Robin Schimminger, Honorable Crystal Peoples, Honorable Paul Tokasz, Honorable Sam Hoyt, Honorable Mark Schroeder, Honorable Jack Quinn, Honorable James Hayes, Honorable Francine DelMonte, New York State Thruway Authority Executive Director John R. Platt, Chairman of the NYSTA John Buono, and Executive Director of the Greater Buffalo Niagara Regional Transportation Council Hal Morse.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – March 2006

The Supervisor reported a cash balance of $131,183 on March 1, 2006

Total Receipts of $1,187,438

Total Disbursements of $1,204,232

Operating A/C Interest $111

Operating A/C Balance $114,500

Investment Interest $25,781

Investment Balance $6,058,575

Total Cash Balance as of March 31, 2006 $6,173,075

No action required by Town Board.

 

 

Approval of Recodification Project

A motion was made by Councilman Crawford, seconded by Councilman Roesch to table the approval of the Town recodification project.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

 

Renaming Sections of Baseline Road

A petition was received from a majority of residents immediately adjacent to the Thruway overpass on Baseline Road requested that the stub streets be renamed.

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford authorizing the Supervisor to send a letter to Erie County Legislator Michelle Ianello supporting the residents requests because they are County roads.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

TOWN CLERK - PATRICIA A. FRENTZEL:

Scholarship Awards

Correspondence from the Town Clerk announcing that she has applied for and received two scholarships for education in 2006 for a total of $625.   Since taking office, Ms. Frentzel has applied for and received $1125 in education scholarships. 

No Town Board action is necessary.

 

TOWN ATTORNEY - PETER GODFREY:

Set Public Hearing – Create Lighting District #47 – Grand Park Vue Estates

Phase 4

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set

a Public Hearing for Monday, May 1, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor or against the proposed creation of Lighting District

#47 – Grand Park Vue Estates – Phase 4.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

HIGHWAY SUPERINTENDENT - RAYMOND DLUGOKINSKI:

MEO New Hire

Highway Superintendent Raymond Dlugokinski informed the Town Board that he hired William Stanley, 1923 Harvey Road as MEO effective April 17, 2006. 

No Town Board action is necessary.

 

Award Bid – One New 9’ All Season Dump Body

Highway Superintendent Raymond Dlugokinski informed the Town Board that on April 12, 2006 two bids were received for a new 9’ all season dump body from the following:

 

STS Truck Equipment & Trailer Sales               $18,920

Valley Fabrication & Equipment                            $19,844

 

After careful review of the bid, Mr. Dlugokinski recommended the low bidder, STS Truck Equipment & Trailer Sales be awarded the bid at a cost of $18,920 for one new 9’ all season dump body.

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

authorize the Highway Superintendent to purchase a new 9’ all season dump body from STS Truck for $18,920.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

RECREATION DIRECTOR - LINDA TUFILLARO:

Request to Advertise – Clerk/Typist – Parks & Recreation Department

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Recreation Director to advertise for a part-time Clerk/Typist for Parks & Recreation, 19 hours per week at a rate of $8.98/hour.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

Hire Part Time Maintenance

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Recreation Director to hire three part-time Seasonal Summer Recreation Attendants  effective April 24, 2006 and one part-time Seasonal Summer Recreation Attendant effective May 8, 2006.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES - JOHN WHITNEY:

Change Orders – Baseline Master Lift Force Main Replacement & Pump Station Rehab – Job No. M-170

Change Order No. 1 is for labor and materials to relocate an exhaust duct at the Master Lift Station.  This Change Order will result in a net increase to the contract of $2,707. The Town’s consulting engineer on the project has reviewed the Change Order and recommends approval.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Change Order No. 1 in the amount of $2,707.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

 

Authorize Proposal for Professional Services – Staley and Baseline Roads Traffic Signal

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign a contract with DiDonato Associates for $1,480 for professional engineering services for the traffic signal at Baseline and Staley Roads.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

 

Award Bids – Bishops Gate/New England Village Sidewalk #13

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to reject all bids received for the Bishops Gate/New England Village Sidewalk #13 and rebid the entire project.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

 

ZONING OFFICER- JOHN McCARTHY:

Special Use Permit Renewal - James & Irene Daigler, 2343 Staley Road – 4.27 Acre Excavation to Create Pond

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the Special Use Permit Renewal for James & Irene Daigler, 2343 Staley Road for a 4.27 Acre Pond.  The excavation is complete and restoration work is now being done.  It has been inspected and the Zoning Officer recommended approval.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

 

CODE ENFORCEMENT OFFICER – DOUGLAS M. LEARMAN:

Revised Site Plan – 3078 Staley Road – Existing Cell Tower Site –   Omni-Point Co-Location

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the revised Site Plan, 3078 Staley Road for an existing cell tower site for Omni Point Co-Location with the minor modifications submitted to the Code Enforcement Officer and Zoning Officer.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

PLANNING BOARD:

Larry & Cheryl Stolzenburg, 3077 Love Road – Merge & Subdivide – 50.01-1-4.2 & 50.01-1-4.112  

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to table the request of Larry & Cheryl Stolzenburg, 3077 Love Road to merge & subdivide – SBL #50.01-1-4.2 & 50.01-1-4.112.   The Planning Board had made a recommendation to reject the request, however the Town Attorney and Town Engineer have a meeting with the developer and request additional time to review.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

Park Place Subdivision – Lots 59 & 60 – Exception to Subdivision Regulations                         

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to accept the Planning Board’s recommendation and approve the request for Exception to Subdivision Regulations for Lot #60 SBL#38.13-5-12 and Lot #59 SBL #38.13-5-10 to add a pie shaped parcel, 10 feet from the curb of Lot #60 to Lot #59 subject to the owner providing evidence satisfactory to the Town Attorney that appropriate paperwork is filed with Erie County Clerk’s Office.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

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

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to table the Preliminary Approval for Meyer-Sheenwater Estates – Phase II on Love Road pending the recommendation of the Conservation Commission.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

Gun Creek PDD – Whitehaven Road – Preliminary Approval

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

a Public Hearing for Monday, May 1, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor or against the proposed rezoning of Gun Creek on Whitehaven Road from R1-D to Planned Development District (PDD) and approval of the Development Concept Plan.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #82741 - #82867

General               $ 49,492.17   

Highway  $    6,654.03

Sewer               $ 16,528.66

Water               $ 92,858.81

Capital               $130,967.32

     Total     $296,500.99

 

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

UNFINISHED BUSINESS:

Local Law Intro No. 1/2006 – Creating Enhanced Environmental Overlay District

A Public Hearing was held on April 3, 2006 for Local Law Intro No. 1/2006.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt Local Law Intro No. 1/2006 as Local Law No. 4/2006 creating an Enhanced Environmental Overlay District along Woods Creeks between Grand Island Blvd. and Bedell Road.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

PRIVILEGE OF THE FLOOR:

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

 

Residents who spoke:            Al Hopkins             Re: Gun Creek

                                                         

FROM THE TOWN BOARD:

Councilman Roesch: Gun Creek PDD informational meeting Thursday, April 20th 3:00p.m., Town Hall Conference Room.  Chamber of Commerce Citizen of the Year Dinner April 27th  at the Holiday Inn.  Sam Hoyt will be hosting a Breakfast Meeting at Golden Age Center, April 22nd at 9:30a.m.                            

Supervisor McMahon: Relay for Life Committee – Making Purple Ribbons - April 29th .  Meet in Town Hall Parking Lot at  9:00a.m.  Senator Mark Coppola will be holding a Public Meeting on April 29th at 2:00p.m. in the Town Hall Court Room.

 

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adjourn the meeting at 9:32p.m.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            0

 

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

Rita Rosene

Sophie Gilbert

Frank Lavorato

William Mulvena

Daniel Dusenbury

Edmund Fabich Sr.

Mary Angela Hastrich

James Gaiser

John Trianda

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel          
Town Clerk