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 21st of November 2005.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

Daniel F. Robillard                        Councilman

                                    Gary G. Roesch                   Councilman

Patricia A. Frentzel                        Town Clerk

Peter Godfrey                                    Town Attorney

 

Rev. David Nitkowski from New Apostolic Church gave the Invocation. 

Councilwoman Cooke led the Pledge of Allegiance. 

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

 

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 Councilwoman Cooke, seconded by Councilman Roesch to approve Minutes of Regular Meeting #20, November 7, 2005 and Minutes of Workshop Meeting #60, November 7, 2005.

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

Noes            0

 

PUBLIC HEARING: 8:00PM

John W. Stickl Construction Co., Inc.  – Petition to Amend Zoning Map – 28.5 Acres Southwest of Fix Road and Baseline Road – From R-1D to R-2

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 petition to amend the Zoning Map – 28.5 Acres Southwest of Fix Road and Baseline Road – From R-1D to R-2

by John W. Stickl Construction Co., Inc.

 

Residents who spoke in Favor:     John Stickl, Al Hopkins, Diane Pelosi, 

                                            Linda McGowan

Residents in Opposition:    Glenn Bobeck, Tim Worrall, Elizabeth Stoklosa,                    Alan Janik, Scott Brady, Lois Shriver, Kim Tetreault, Henry Howard, e-mails, petitions, and letters received by Town Board were submitted into record.

 

A motion was made by Councilman Crawford, seconded by Councilman Roesch to refer the request from John W. Stickl Construction Co., Inc. to amend the Zoning Map for 28.5 acres southwest of Fix Road and Baseline Road from R1-D to R-2 to the Town Board, Town Attorney and Planning Board for review and recommendation.

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

Noes            0

 

 

CONSENT AGENDA:

1.      Meeting Minutes – Grand Island Memorial Library Board of Trustees – August 8, 2005

2.      Golden Age Center – Facility Usage – October 2005

3.      Meeting Minutes – Zoning Board of Appeals – October 6, 2005

4.      Meeting Minutes – Board of Architectural Review – October 11, 2005

5.      Village of Gowanda, Town of Eden – Resolution Opposing Any Change to the Existing Administrative Structure of the Erie County Community Development Block Grant Program

6.      Meeting Minutes – Planning Board – October 10, 2005

7.      Municipal Electric & Gas Alliance – Energy Costs

8.      New York State Department of Environmental Conservation – Harper Property – Breakwall Repair – Town of Grand Island – Erie County – DEC No. 9-1446-00587/00001

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

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

                        Noes            0

 

COMMUNICATIONS - TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Supervisor to Sign Amended Plan Documents – Health Reimbursement Accounts

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to sign the amended plan document for health reimbursement accounts.

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

                        Noes            0

 

Adopt Erie County - All Hazard Mitigation Plan

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the Erie County All Hazard Mitigation Plan.

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

                        Noes            0

 

Adopt 2006 Budget

GENERAL FUND:

A motion was made by Councilman Robillard, seconded by Councilman Roesch to adopt the General Fund Budget for 2006 as follows:

TOTAL APPROPRIATION AMOUNT:  $  5,585,961

            AMOUNT TO BE RAISED BY TAXATION:  $ 1,724,487

            TAX RATE: $ 2.725 per thousand                    1.9% INCREASE

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

                        Noes            0

 

 

 

FIRE PROTECTION DISTRICT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the Fire Protection District Budget for 2006 as follows:

                        TOTAL APPROPRIATION AMOUNT  $ 894,323

AMOUNT TO BE RAISED BY TAXATION: $  881,621       

                        TAX RATE:  $ 1.292 per thousand                     7.2% INCREASE

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            1            Robillard

 

 

HIGHWAY FUND:

A motion was made by Councilman Robillard, seconded by Councilman Roesch to adopt the Highway Fund Budget for 2006 as follows:

                        TOTAL APPROPRIATION AMOUNT:  $ 2,332,448

                        AMOUNT TO BE RAISED BY TAXATION:  $ 1,850,767

                        TAX RATE:  $ 2.925  per thousand                     3.9% INCREASE

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

                        Noes            0

 

 

SEWER DISTRICT FUND:

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the Sewer District Fund Budget for 2006 as follows:

                        TOTAL APPROPRIATION AMOUNT:  $ 2,690,999        

                        AMOUNT TO BE RAISED BY TAXATION:  $ 491,829     

                        TAX RATE/1,000 (LAND VALUE ONLY):  $ 5.683   51.9% INCREASE  

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            1            Robillard

 

 

WATER DISTRICT FUND:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the Water District Fund Budget for 2006 as follows:

                        TOTAL APPROPRIATION AMOUNT:  $ 2,609,898        

                        AMOUNT TO BE RAISED BY TAXATION:  $ 678,111     

                        TAX RATE/1,000 (LAND VALUE ONLY):  $5.782   7.9% DECREASE  

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

                        Noes            0

 

           

LIGHTING DISTRICT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the Lighting District Budget for 2006 as follows:

            TOTAL APPROPRIATION AMOUNT:  $ 185,786    (44 districts)

                        AMOUNT TO BE RAISED BY TAXATION:  $ 169,212        

TAX RATE: Varies by District

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

                        Noes            0

 

 

 

 

REFUSE & GARBAGE DISTRICT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the Refuse & Garbage District Budget for 2006 as follows:

                        TOTAL APPROPRIATION AMOUNT:  $ 853,650        

                        AMOUNT TO BE RAISED BY TAXATION:  $ 827,175       

                        TAX RATE: Flat Rate Single Family Dwelling  $ 123   3.9% DECREASE   

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

                        Noes            0

                                   

DEBT SERVICE FUND:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the Debt Service Fund for 2006 as follows:

                        TOTAL DEBT SERVICE AMOUNT:  $ 1,376,416

             TRANSFERS FROM OTHER FUNDS  $1,333,216

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

                        Noes            0

 

Authorize Supervisor to Sign Fire Company Contract

A motion was made by Councilman Crawford, seconded by Councilman Roesch to authorize the Supervisor to sign the 2006 Grand Island Fire Company Contract in the amount of $820,205.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, McMahon

                        Noes            1            Robillard

 

Authorize Supervisor to Sign Global Signal Agreement - Request for Collocation

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign both agreements with Global Signal requesting collocation of both Verizon and Nextel on the tower located at the Water Treatment Plant.

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

                        Noes            0

 

COMMUNICATIONS – OTHER OFFICIALS:

PERSONNEL COMMITTEE:

Reinstate Principal Engineer Assistant Step 9, Year 3 – Effective 1/1/06

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to reinstate Spencer O’Boyle to the position of Principal Engineer Assistant, Step 9, Year 3 effective 1/1/06.

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

                        Noes            0

 

TOWN ATTORNEY – PETER GODFREY

Resolution Authorizing Termination and Release of Part of Public Drainage Easement for Hidden Oaks Subdivision Phase Two

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the resolution authorizing Termination and Release of Part of Public Drainage Easement for Hidden Oaks Subdivision Phase Two as follows:

 

            WHEREAS, Randon P. Hillock and Susan L. Hillock have filed a map cover for Hidden Oaks Subdivision, Phase Two in the Town of Grand Island under Map Cover N3286/1 in the Erie County Clerk's Office; and

 

            WHEREAS, the Town of Grand Island Town Board and Town of Grand Island Planning Board previously approved such map cover; and

 

            WHEREAS, such Map Cover N3286/1 shows that a portion of the public drainage easement shown on previous Map Cover 2288 filed in the Erie County Clerk's Office, which affects sublots 47 and 48 under the Hillocks' said map cover, is to be terminated;

 

            NOW, THEREFORE, BE IT RESOLVED, subject to the approval of the attorneys for the Town, the Town Board does hereby authorize the termination and release of that part of the public drainage easement under Map Cover 2288 shown on such Map Cover N3286/1 as to be terminated, provided that such release is filed by the attorneys for Randon P. Hillock and Susan L. Hillock, or their representative, in the Erie County Clerk's Office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing;

 

            AND BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town, the Supervisor is authorized and directed to execute said easement release.

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

                        Noes            0

 

Release of Part of Public Drainage Easement

A motion was made by Councilman Crawford, seconded by Councilman Roesch to authorize the Supervisor to sign the Release of Part of Public Drainage Easement for Hidden Oaks Subdivision Phase Two.

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

                        Noes            0

 

Accept the Annexed Deed of Dedication of Town Highway to be Known as Part of Oakridge Road

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford authorizing the Town Board to sign the resolution and consent to accept the Annexed Deed of Dedication of Town Highway to be known as Part of Oakridge Road as follows:

            Upon submission of the annexed deed of dedication of Randon P. Hillock and Susan L. Hillock dedicating and releasing the necessary lands for a proposed town highway as set forth in the annexed legal description in the Town of Grand Island, County of Erie, State of New York, to be known as part of Oakridge Road; now therefore, it is

 

            RESOLVED that, in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town of Grand Island make an Order accepting and laying out the aforesaid town highway to be known as Oakridge Road, the Town highway to consist of the lands described in the deed of dedication, subject to the approvals of the Town Engineer and the attorneys for the Town, and it is further

 

            RESOLVED that, subject to the approvals of the Town Engineer and the attorneys for the Town and the Order of the Highway Superintendent laying out the aforesaid town highway to be known as Oakridge Road, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorneys for Randon P. Hillock and Susan L. Hillock, or their representative, in the Erie County Clerk's Office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

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

                        Noes            0

Resolution Accepting Sanitary Sewer and Public Drainage Easements for Hidden Oaks Subdivision Phase Two

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the resolution accepting Sanitary Sewer and Public Drainage Easements for Hidden Oaks Subdivision Phase Two as follows:

            WHEREAS, Randon P. Hillock and Susan L. Hillock have offered for dedication lands for a proposed town highway to be known as part of Oakridge Road; and

 

            WHEREAS, the plans submitted by Randon P. Hillock and Susan L. Hillock in connection with such proposed town highway include sanitary sewer and public drainage easements in favor of the Town of Grand Island; and

 

            WHEREAS, Randon P. Hillock and Susan L. Hillock have offered such sanitary sewer and public drainage easements to the Town of Grand Island;

 

            NOW, THEREFORE, BE IT RESOLVED, subject to the approval of the attorneys for the Town, the Town Board does hereby accept from Randon P. Hillock and Susan L. Hillock, the owners of Hidden Oaks Subdivision, Phase Two, a Permanent Easement for Sanitary Sewer and Public Drainage annexed hereto as attachment A, provided it is filed by the attorneys for Randon P. Hillock and Susan L. Hillock, or their representative, in the Erie County Clerk's Office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing;

 

            AND BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town, the Supervisor is authorized and directed to execute said easements.

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

                        Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES - JOHN WHITNEY:

Reapprove Map Covers – Fareway Greens Townhouses – Cluster 20

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to reapprove the Map Covers for Fareway Greens Townhouses – Cluster 20.

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

                        Noes            0

 

PLANNING BOARD

Bill Torchia, 2940 Bedell Road – Request the Town Abandon Interest in Parcel of Land

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the Planning Board’s recommendation and approve a Quit Claim Deed for any rights the Town may have in the right-of-way on Fourth Street off Bedell Road.

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

                        Noes            0

 

River Oaks Golf Club, 817 Whitehaven Road – Site Plan Approval – Maintenance Garage Expansion

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the Planning Board’s recommendation and grant Site Plan Approval for a maintenance garage expansion with the understanding that some screening will be provided of the maintenance operations following the theme of the Golf Villas at River Oaks berm.

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

                        Noes            0

Section 49-120B – Town Zoning Code

A motion was made by Councilman Crawford, seconded by Councilman Robillard to refer the Planning Board’s recommendation to revise the Town Zoning Code to the Town Board and Town Attorney for review.

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

                        Noes            0

 

 

COMMUNICATIONS - GENERAL:

Tim Worrall, 235 Fareway Lane – Opposition to Rezoning of Property (28.5 Acres SW of Fix and Baseline)

Mr. Worrall spoke during the Public Hearing, his comments were entered into the record.  No action necessary by the Town Board.

 

 

Patricia Fike – Resignation as Crossing Guard

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to accept with regret a letter of resignation from Patricia Fike as a Crossing Guard effective November 8, 2005.  The Town Board will send a certificate of appreciation to Mrs. Fike.

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

                        Noes            0

 

 

Paul J. Belter, 206 White Tail Run – Resignation Letter

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to accept with regret a letter of resignation from Paul J. Belter as member of the Parks and Recreation Advisory Board.  The Town Board will send a certificate of appreciation to Mr. Belter.

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

                        Noes            0

 

 

Laurie Oishei, 53 Ward Park Road – Storm Sewer Backup in the Area

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the complaint about a storm sewer backup in the area of 53 Ward Park Road to the Town Engineer.

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

                        Noes            0

 

 

Nextel – Request to Collocate on Tower, 1083 Whitehaven Road

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table the request from Nextel to collocate a wireless communications tower at 1083 Whitehaven Road.  The Site Plan and Fees have not been received by the Town.

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

                        Noes            0

 

 

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #81104 – #81316

General                 $ 38,924.34

Highway    $ 38,849.10

Sewer                 $ 25,512.24

Water                 $  16,967.16

Capital                 $162,968.84

Garbage    $  69,688.50

Total          $352,910.18

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

                        Noes            0

 

UNFINISHED BUSINESS:

Planning Board – New England Village – Preliminary Plat Approval

The developer is redoing the Plat Approval pending action on the Loop Road.  

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to remove the New England Village Preliminary Plat Approval from the agenda.

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

                        Noes            0

 

Niagara Falls Campground, LLC – Whitehaven Road – Amend Zoning Map/Parcel #36.00-1-1 from CR to R-1A

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to accept the recommendation from the Planning Board to amend the Zoning Map for SBL 36.00-1-1 from CR –R1A.  All the County and SEQR approvals have been granted.

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

                        Noes            0

 

David A. Brody, P.C. – Vacant Land/Love Road – Approve Splitting Lot/SBL #50.00-2-14.22

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve splitting SBL 50.00-2-14.22 into two 150’ lots.

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

                        Noes            0

 

Waterford Park Subdivision – Preliminary Plat Approval

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to remove the item from the agenda pending the Army Corps of Engineers action.

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

                        Noes            0

 

Buffalo Launch Club – Site Plan Approval/Gazebo

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to grant Site Plan Approval to the Buffalo Launch Club for a gazebo.  Erie County has granted all approvals.

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

                        Noes            0

 

 

 

 

Whitehaven Road Campgrounds – Minor Subdivision/Preliminary Plat Approval

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to grant Preliminary Plat Approval for a minor subdivision at Whitehaven Road Campgrounds.

APPROVED       Ayes       5   Cooke, Crawford, Robillard, 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: Robin Swedish  Re: Info on assessed values of homes      

 Kim Tetreault                Re: Stickl Devlopment – Fix & Baseline Roads

 Doug Smith                 Re: 1282 Stony Point Road.

 

FROM THE TOWN BOARD:

Councilwoman Cooke: Saturday, December 3rd – “Welcome Santa” - 4:00p.m. Free activities, gazebo lighting.

Councilman Crawford: Thanks to residents for voicing their opinions at Public Hearing

Councilman Robillard: Welcome to Councilwoman-Elect Ms. Argy to tonight’s meeting, Happy Thanksgiving.

Councilman Roesch: Public’s criticism on Town Board Public Hearings, Happy Thanksgiving.

Supervisor McMahon: Happy Thanksgiving – Drive Carefully

 

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 9:37p.m.

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

                        Noes            0

 

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

Barbara Kay

Mildred Burgett

Thomas Roberts

Elizabeth Squire

George Overs

Gregory Hajski

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk