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 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:              John Whitney                                   Town Engineer

 

Reverend David Rodgers of Emmanuel Community Bible Church gave the Invocation.  

Councilwoman Argy led the Pledge of Allegiance. 

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

 

PROCLAMATIONS:

Eagle Scout Proclamation – Joshua Shilling accepted proclamation.

70th General Annual Synod – Bible Presbyterian Church – Reverend Kevin Backus 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:             Robert Scalione Re: Fuccillo Hyundai Dealership

                                                           Frank Preve Re: Rezoning from M-1 to M-2

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #34, June 29, 2006, Minutes of Workshop Meeting #35, July 3, 2006 and Minutes of Regular Meeting #12, July 3, 2006.

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

                        Noes            0

 

PUBLIC HEARINGS:

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

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 request to close a portion of Park Place between #106 and #132 to all traffic from 1:30 – 8:00p.m. except for emergency vehicles for a Block Party on Sunday August 20, 2006.

 

Residents who spoke in Favor: None

Residents in Opposition: None

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Roesch, seconded by Councilman Crawford to approve the request to close a portion of Park Place from #106 to #132 to all traffic except for emergency vehicles for a Block Party on August 20, 2006.

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

                        Noes            0

Block Party – Wallace Drive – Between Huth and South Park Saturday, July 22, 2006

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 request to close a portion of Wallace Drive between Huth and South Park to all traffic from 2:00 – 4:00p.m. except for emergency vehicles for a Block Party on Saturday July 22, 2006.

 

Residents who spoke in Favor: None

Residents in Opposition: None

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the request to close a portion of Wallace Drive from Huth to South Park to all traffic except for emergency vehicles for a Block Party on July 22, 2006.

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

                        Noes            0

 

Park Place Patio Homes – Whitehaven Road – Cluster Development Approval

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 Cluster Development Approval for Park Place Patio Homes, Whitehaven Road.

 

Residents who spoke in Favor:              Letter from Chris & Kyle Aronica, Sean Hopkins, Al Hopkins, Jim Dinsmore, David Wilson, Richard Anderson

Residents in Opposition:             Letter from Richard Kwarciak, Jennifer Persico, George White, Sharon Federico, Dave Sondel, Carla Lavetro, Pat Lavetro, Sean Squire, Jodie, White, Jean Suski, Melissa Wisnock, Theresa Eberhard, Julius Horvath, John Bartlo, Charles Morell, Anthony Scanio, John Burchfield, Darren Gress, Steven White

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Crawford, seconded by Councilman Roesch to table the request for Cluster Development Approval for Park Place Patio Homes, Whitehaven Road.

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

                        Noes            0

 

CONSENT AGENDA:

1.      Golden Age Center – Vehicle Usage – June 2006

2.      Golden Age Center – Facility Usage – June 2006

3.      Meeting Minutes – Zoning Board of Appeals – June 1, 2006

4.      State of New York, Department of State – ICC Annual Conference and Code Development Hearings

5.      New York State, Office of Parks, Recreation and Historic Preservation – Grant Application – Ed Ball and Fairview Parks

6.      New York State Office of Parks, Recreation and Historic Preservation – Ed Ball Playground Project

7.      Meeting Minutes – Town of Grand Island Safety Committee – June 1, 2006

8.      Building Permits Issued – June 2006

9.      Niagara River Greenway Commission – 2005-2006 Annual Report

10.  John A. McCarthy, Zoning Officer – Activity Report – January 1, 2006 –               June 30, 2006

11.  David M. Unmack, Assessor – Report of Assessment Services – January 1, 2006 – June 30, 2006

12.  Request Funding – New York State Department of Transportation – Transportation Enhancements (TEP) Grant Program to Implement – Grand Island Safe Sidewalks and Community Connection Project

13.  New York State of Department of Environmental Conservation, Division of Environmental Permits – DEC ID#9-1446-00477/00007 – Sandarelli Property

14.  Meeting Minutes – Planning Board – June 12, 2006

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

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

                        Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – June 2006

The Supervisor reported a cash balance of $51,309 on June 1, 2006

Total Receipts of $1,289,067

Total Disbursements of $1,145,829

Operating A/C Interest $102

Operating A/C Balance $194,649

Investment Interest $19,708

Investment Balance $5,301,262

Total Cash Balance as of June 30, 2006 $5,495,911

No action required by Town Board.

 

Appointment – Planning Board

A motion was made by Councilman Crawford, seconded by Councilman Roesch to appoint Norman Machelor to the Planning Board to fill the balance of a vacated term, expiring December 31, 2011.

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

                        Noes            0

 

Letter of Engagement for Legal Services

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Robert Figliola as a outside independent legal counsel for certain legal services in Town Court, at a per diem rate of $200, with a maximum of 5 days per year, subject to the approval of the Erie County District Attorney.

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

                        Noes            0

Local Waterfront Revitalization Program – Adopt SEQRA Findings Statement – Adopt LWRP – Authorize Supervisor to Transmit Adopted LWRP to Secretary of State

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the SEQRA Findings Statement, direct the Supervisor to execute the SEQRA Findings Statement, adopt the Grand Island Local Waterfront Revitalization Plan as follows and to direct the Supervisor to formally transmit the adopted LWRP and all related local impending laws to the NY State Secretary of State for approval:

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

            WHEREAS, a Draft Local Waterfront Revitalization Program (DLWRP) and related local laws and zoning amendments were prepared under the guidance of the Town’s Consultant, Advisory Boards, and with Public Input: and;

            WHEREAS, a Draft Supplemental Generic Environmental Impact Statement (DSGEIS) was prepared for the Draft Local Waterfront Revitalization Program in accordance with the requirements of Part 617 of the implementing regulations for Article 8 of the Environmental conservation Law; and

            WHEREAS, a DSGEIS and the DLWRP 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 meetings of the Town Board and Advisory Committees were open to the public, and a public hearing were advertised and held by the Town Board on March 21, 2005 to receive and consider comments on the DLWRP and the DSGEIS; and

            WHEREAS, a Final Supplemental Generic Environmental Impact Statement (FSGEIS) was prepared, accepted, and properly filed and distributed by the Town Board on July 3, 2006; and

            WHEREAS, modifications were made to the Draft Local Waterfront Revitalization Program as called for in the FSGEIS in response to comments received.

            NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Grand Island hereby adopts the SEQRA Findings Statement attached hereto and directs the Town Supervisor to execute the Findings Certification thereon; and

            BE IT FURTHER RESOLVED, by the Town Board of the Town of Grand Island, New York, that the Local Waterfront Revitalization Program for the Town of Grand Island is hereby approved and adopted.

       BE IT FURTHER RESOLVED, that the Town Board of the Town of Grand Island hereby directs the Supervisor of the Town to formally transmit the adopted LWRP, and all related local implementing laws, to the New York State Secretary of State for approval pursuant to Article 42 of the NYS Executive Law – the Waterfront Revitalization of Coastal Areas and Inland Waterways Act.

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

                        Noes            0

 

COUNCILMAN – GARY G. ROESCH:

Resolution in Support of Repealing Real Property Law, §339-y

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution in support of repealing Real Property Law §339-y:

WHEREAS, the Town Board of the Town of Grand Island is committed to fair and equitable assessment practices, and

WHEREAS, fair and equitable assessments lead to a fair distribution of the local property tax burden, and

WHEREAS, increasing unfunded state mandates continue to shift the burden of supporting state programs with local property tax dollars, and

WHEREAS, Real Property Law, §339-y has been interpreted by courts to limit an assessor’s methods of establishing a condominium assessment, resulting in the assessment for each unit significantly under market value, and

WHEREAS, such assessment of condominiums at a value substantially less than comparable, non-condominium properties disrupts the desire and ability of local officials to deliver a fair property assessment and tax system, and

WHEREAS, the proliferation of condominiums throughout New York State threatens to undermine the underlying principle of fairness and equity in an ever-increasing number of communities, and

WHEREAS, the Town Board of the Town of Grand Island deems it in the public interest to memorialize the New York State Assembly, New York State Senate and Governor George Pataki of its support for legislation which would address this inequity.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Grand Island calls upon the Legislature and the Governor to repeal Real Property Law, §339-y so as to provide equal treatment for all types of residential housing and to prevent the continuing abuses of §339-y as described above; and

BE IF FURTHER RESOLVED, that the Town Clerk shall forward a copy of this resolution to the following officials: Governor George Pataki, State Senator Joseph Bruno, Assemblyman Sheldon Silver, State Senator Marc Coppola, State Assemblyman Sam Hoyt and to such other persons as the Clerk, in her discretion, may deem proper in order to effectuate the purpose of this resolution.

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

                        Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES –  JOHN WHITNEY:

Change Order No. 2 – Carl Road Lift Station Replacement – Job No. M-27-04

A change order in the amount of $553.96 was requested by the Town Engineer.  The total contract amount has been exceeded even after offsetting the cost of the unused items because of additional work pertaining to the telemetry system. The new contract amount is $139,139.96.

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to approve Change Order No. 2 for the Carl Road Lift Station Replacement

Job No. M-27-04.

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

                        Noes            0

 

Award Bid, Job No. M-14-2006 – Bituminous Resurfacing of Various Town Roads

Town Engineer John Whitney reported that he had opened the bids on July 12, 2006 for bituminous resurfacing of various town roads.  Eight bids were received from the following:

Amherst Paving, Inc.                  $223,005.95

Robinson Paving, Inc.             $246,686.50

Milherst Construction              $250,300.00

Northeast Diversification            $251,090.00

E&R General Construction            $257,710.00

Louis Del Prince & Sons            $260,861.50

American Paving             $263,831.00

Thomann Asphalt Paving            $289,180.00

After careful review of the bids, Mr. Dlugokinski and Mr. Whitney recommended the low bidder, Amherst Paving, Inc. be awarded the bid for bituminous resurfacing of various town roads in the amount of $223,005.95.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Mr. Dlugokinski and Mr. Whitney’s request for low bidder, Amherst Paving, Inc. to be awarded the bid for bituminous resurfacing of various town roads in the amount of $223,005.95.

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

                        Noes            0

 

NYS Hazard Abatement Board – Occupational Safety & Health Grant – Project M-179-06

The Town of Grand Island has been awarded a NYS Hazard Abatement Board – Occupational Safety & Health Grant in the amount of $10,750. 

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to sign the contracts for the grant award.

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

                        Noes            0

 

 

PLANNING BOARD:

Abraxis Pharmaceutical Products – 3159 Staley Road – Site Plan Approval – 976 Square Foot Cooler Addition and 960 Square Foot Alcohol Storage Building Expansion

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the Site Plan Approval of Abraxis Pharmaceutical Products, 3159 Staley Road for a 976 square foot cooler addition and 960 square foot alcohol storage building expansion.

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

                        Noes            0

 

 

Woods Creek Subdivision – Phase I – Preliminary Plat Approval

The Woods Creek Subdivision – Phase I – Preliminary Plat Approval is tabled in the Planning Board pending revisions to drawings.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table the Woods Creek Subdivision – Phase I – Preliminary Plat Approval.

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

                        Noes            0

 

 

Scenic Woods Subdivision – Phase I (Love Road Subdivision) – 6 Lots – Re-Affirm Preliminary Plat Approval

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the Planning Board’s recommendation and re-affirm the Preliminary Plat for Scenic Woods Subdivision, Phase I, Love Road for 6 lots acknowledging the shared driveway for lots #1 and #2 by an easement and showing delineation of wetlands on plat.

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

                        Noes            0

 

Fuccillo – Alvin Road – Site Plan Approval – Proposed 11.77 Acre Hyundai Car Dealership

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the proposed Site Plan for a Hyundai Car Dealership on 11.77 acres on Alvin Road.

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

                        Noes            0

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against on the proposed Conservation Easement for the Fuccillo property on 11.77 acres on Alvin Road.

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

                        Noes            0

 

Jerod & Jim Battaglia – 2569 Whitehaven Road – Petition to Amend the Zoning Map from M-1 to M-2

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public Hearing for Monday, August 7, 2006 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the application of Jerod & Jim Battaglia, 2569 Whitehaven Road to amend the Zoning Map from M1-M2.

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

                        Noes            0

 

Island Meadows Subdivision – Phase 3A & 3B – Re-Affirm Preliminary Approval

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the Planning Board’s recommendation and re-affirm Preliminary Approval for Island Meadows Subdivision, Phase 3A & 3B.

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

                        Noes            0

 

Island Farm Market – 2920 Grand Island Boulevard – Revised Site Plan

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to accept the Planning Board’s recommendation and grant approval of the revised Site Plan for Island Farm Market, 2920 Grand Island Boulevard.

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 #83675 - #83753

General      $ 49,056.03  

Highway     $   1,258.26

Sewer       $ 16,482.50

Water        $ 80,968.03

Capital        $ 63,053.06

Garbage     $ 70,612.50

      Total      $281,430.38

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

                        Noes            0

 

UNFINISHED BUSINESS:

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

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the request for Preliminary Approval for Meyer-Sheenwater Estates, Phase II, Love Road to the Town Board.

APPROVED       Ayes       5   Cooke, Crawford, Roesch, Argy, 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:            None

                                                                     

FROM THE TOWN BOARD:

Councilman Roesch:  South Bridge Construction – 2008

Councilman Crawford:  48th Annual Lion’s Club Special Kids Picnic – July 19, 2006 Buffalo Launch Club

Councilwoman Cooke: Local Waterfront Revitalization Plan. Painting donation at Library – July 27, 2006

 

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 9:41 p.m.

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

                        Noes            0

 

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

 

Jamie Smith

Wilma Denler

Patricia Majtyka

William Wilson

Donald Deschamps

Walter Kelly

Constance Gilbert

Roy Sexton, Jr.

  Robert Trautman

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel          
Town Clerk