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 5th of June 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
Rev. Paul Womack from Trinity United Methodist Church gave the Invocation.
Councilwoman Cooke led the Pledge of Allegiance.
Supervisor McMahon
called the meeting to order at 8:00PM.
PROCLAMATIONS:
Eagle Scout
Recognition – Eagle Scout Andrew
Donahue accepted proclamation.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who
spoke: Dorothy Westhafer
Re: Meyer -Sheenwater Estates
Doug
Smith
Re: 1282 Stony Point Rd.
Russell
Certo
Re: 1282 Stony Point Rd.
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to
approve
Minutes of Regular Meeting #9, May 15, 2006, Minutes of Workshop Meeting #26,
May 15, 2006, and Minutes of Workshop Meeting #27, May 23, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
PUBLIC HEARING:
Final Plat Approval – The
Golf Villas at River Oaks Phase I
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 Final Plat Approval
for Phase I of the Golf Villas at River Oaks.
Residents who
spoke in Favor: Michael Metzger, Metzger Civil
Engineering
Residents in
Opposition: None
Supervisor McMahon declared the Public Hearing closed.
A motion was made by Councilwoman Cooke, seconded by
Councilman Roesch to accept the Planning Board’s recommendation and grant Final
Plat Approval for Phase I of the Golf Villas at River Oaks.
APPROVED Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes 0
1.The
Senate, State of New York – Resolution in Support of Removal of Toll Plazas on the New York State Thruway
2. New York
State Office of Real Property Services – Revised Residential Assessment Ratio
3. Phillips
Lytle LLP – Seneca Nation, et al. v. State of New York, et al.
4. Huth Road
Elementary School – Assistance with Evacuation Drill
5.Meeting
Minutes - Grand Island Memorial Library Board of Trustees – April 8, 2006
6.Meeting
Minutes – Long Range Planning Committee – March 28, 2006
7.State of
New York Department of Public Service – Temporary Operating Authority –
Parnassos, L.P.
8.State of
New York, Legislature of Erie County – Resolution in Support of Removal of NYS
Thruway Tolls on the Town of Grand Island
9.Erie
County Department of Environment & Planning – Household Hazardous Waste Drop-Off
Day – June 17, 2006
10.
Playground Rehabilitation Project, Phase II – Ed Ball &
Fairview Parks
11.
Meeting Minutes – Grand Island Safety Committee – May 4,
2006
12. National
Shooting Sports Foundation, Inc. – Project ChildSafe
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the consent agenda as distributed.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
SUPERVISOR McMAHON:
Authorize Supervisor to
Canvass Civil Service List – Principal Engineer Assistant
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the
Supervisor to canvass the Civil Service List for the position of Principal
Engineer Assistant.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Rezoning – 1282 Stony Point
Road – Local Law # 5/2006
A motion
was made by Councilman Crawford, seconded by Councilwoman Argy to adopt Local
Law #5/2006 as follows:
WHEREAS, Russ Certo (the “Applicant”) has requested a
rezoning the property located at 1282 Stony Point Road, Grand Island, NY, and
WHEREAS, the Town Board of the Town of Grand Island has
held a public hearing on April 3, 2006, for consideration of the rezoning of
the parcel from R1-E to R3, and
WHEREAS, the project appears to be consistent with the
Town of Grand Island Comprehensive Plan, the project will provide a benefit to
the surrounding community and complement the existing mix of uses, and the
project is not expected to result in any undo traffic impacts, adverse impacts
natural resources or adverse changes to the character of the surrounding
community, when limited by the conditions set forth herein, particularly the
number of apartments, and because the applicant has agreed to provide deed
restriction or covenant, enforceable by the adjacent property owners, running
with the land and guaranteeing that any development of the site for
multi-family use shall be limited to no more than three (3) residential units,
and the applicants shall duly record such restriction or covenant within ten
days of Town Board approval thereof and with such restrictions, there will be
very minor traffic and other impacts, and no significant adverse environmental
impacts.
NOW THEREFORE BE IT
PASSED AND ADOPTED BY THE TOWN BOARD AS FOLLOWS:
1. The rezoning is approved.
2. This Local Law shall be effective upon filing with the Secretary of State, which filing shall not occur prior to the recording of the deed restrictions referred to herein.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Rezoning – Gun Creek PDD
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to table the
rezoning of Gun Creek PDD.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
COUNCILWOMAN SUSAN J. ARGY:
Appointment - Community
Enrichment Council Advisory Board
A motion
was made by Councilwoman Argy, seconded by Councilwoman Cooke to appoint Erin
Koprevich to the Community Enrichment Council Advisory Board for a one-year
term expiring December 31, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
COMMUNICATIONS - OTHER TOWN
OFFICIALS:
PATRICIA A. FRENTZEL – TOWN
CLERK
Motel License – Transfer of
Ownership
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to approve the
transfer of ownership of The Jade Inn formally know as The Fountain Bleu Motel
to Mr. Ly Phuc Hoan and authorize the Town Clerk to issue a new license to Mr.
Hoan through December 31, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
HIGHWAY SUPERINTENDENT –
RAYMOND DLUGOKINSKI:
Authorize to Bid – Rubber
Tired Wheel Loader
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the
Highway Superintendent to advertise for bid one new and unused 2006 rubber tired
wheel loader.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
TOWN ATTORNEY - PETER
GODFREY:
Bond Resolution for the
Acquisition of Equipment, Machinery & Apparatus
A motion was made by Councilman Crawford, seconded by Councilwoman Argy
to adopt the Bond Resolution for the acquisition of equipment, machinery and
apparatus for use by the Town. The
resolution is as follows:
A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND ADOPTED JUNE
5, 2006, AUTHORIZING THE acquisition of
equipment, machinery and apparatus, including preliminary costs and costs
incidental thereto, for use by the Town, IN AN AMOUNT NOT TO EXCEED $125,000 AND AUTHORIZING THE
ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$125,000 OF THE TOWN OF GRAND ISLAND, OFFSET BY ANY FEDERAL, STATE, COUNTY
AND/OR LOCAL FUNDS RECEIVED FOR SAID OBJECT OR PURPOSE OR REDEMPTION OF THE
TOWN’S OBLIGATION ISSUED THEREFOR. PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE
SAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN
ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
BE IT RESOLVED, by the Town Board of the Town of Grand Island, in the
County of Erie, New York (the “Town”) (by the favorable vote of not less than
two-thirds of all the members of the
Board) as follows:
SECTION 1. The Town is hereby authorized to undertake the acquisition of equipment,
machinery and apparatus, including preliminary costs and costs incidental
thereto, for use by the Town (the
“Purpose”). The maximum cost of said
purpose will not exceed $125,000.
SECTION 2. The Town Board plans to finance the maximum
estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $125,000 of
the Town, hereby authorized to be issued therefor pursuant to the Local Finance
Law, offset by any federal, state, county and/or local funds received.
SECTION 3. It is hereby determined that said purpose is an
object or purpose described in subdivision 28 of paragraph (a) of Section 11.00
of the Local Finance Law, and that the period of probable usefulness of said
purpose is 15 years, however, the obligations will be paid off in five years or
less.
SECTION 4. Current funds are not required to be provided
prior to the issuance of the bonds authorized by this resolution or any notes
issued in anticipation of the sale of said bonds.
SECTION 5. It is hereby determined the proposed maturity of
the obligations authorized by this resolution will not be in excess of five
years.
SECTION 6. The faith and credit of said Town are hereby
irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds
becoming due and payable in such year.
There shall annually be levied on all the taxable real property of said
Town a tax sufficient to pay the principal of and interest on such bonds as the
same become due and payable.
SECTION 7. Subject to the provisions of this resolution and
of the Local Finance Law, pursuant to the provisions of Section 30.00 relative
to the authorization of the issuance of bond anticipation notes or the renewals
of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00,
Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties
of the Town Board pertaining or incidental to the sale and issuance of the
obligations herein authorized, including but not limited to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the
sale and issuance of the bonds herein authorized and of any bond anticipation
notes issued in anticipation of said bonds, and the renewals of said notes, are
hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.
SECTION 8. The temporary use of available funds of the
Town, not immediately required for the purpose or purposes for which the same
were borrowed, raised or otherwise created, is hereby authorized pursuant to
Section 165.10 of the Local Finance Law, for the capital purposes described in
Section 1 of this resolution. The Town
then reasonably expects to reimburse such expenditure with the proceeds of the
bonds or bond anticipation notes authorized by Section 2 of this
resolution. This resolution shall
constitute the declaration of the Town’s “official intent” to reimburse the
expenditures authorized by Section 1 hereof with the proceeds of the bonds and
notes authorized herein, as required by United States Treasury Regulation
Section 1.150-2.
SECTION 9. The Town Supervisor is further authorized to
take such actions and execute such documents as may be necessary to ensure the
continued status of the interest on the bonds authorized by this resolution,
and any notes issued in anticipation thereof, as excludable from gross income
for federal income tax purposes pursuant to Section 103 of the Internal Revenue
Code of 1986, as amended (the “Code”) and to designate the bonds authorized by
this resolution, and any notes issued in anticipation thereof as “qualified
tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.
SECTION 10. The Town Supervisor is further authorized to
enter into a continuing disclosure agreement with the initial purchaser of the
bonds or notes authorized by this resolution, containing provisions which are
satisfactory to such purchaser in compliance with the provisions of Rule
15c12-12, promulgated by the Securities and Exchange Commission pursuant to the
Securities Exchange Act of 1934.
SECTION 11. The Town has determined that the Project will
not have a significant effect on the environment and, therefore, no other
determination or procedures under the State Environmental Quality Review Act
(“SEQR”) is required.
SECTION 12. The validity of said serial bonds or of any bond
anticipation notes issued in anticipation of the sale of said serial bonds may
be contested only if:
(1) (a) Such obligations are authorized for an
object or purpose for which said Town is not authorized to expend money, or
(b) The
provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication; or
(2) Said
obligations are authorized in violation of the provisions of the Constitution
of New York.
SECTION 13: The Town Clerk is
hereby authorized and directed to publish this resolution or a summary thereof,
together with a notice in substantially the form provided by Section 81.00 of
said Local Finance Law, in a newspaper having a general circulation in the Town
and designed as the official newspaper of the Town for such publication.
SECTION 14. This Resolution is effective immediately.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
RECREATION DIRECTOR - LINDA
TUFILLARO:
Summer Program Hires
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the
Recreation Director to hire 26 new and returning employees for the Summer Youth
Programs.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
DEPARTMENT OF ENGINEERING
& WATER RESOURCES – JOHN WHITNEY:
Change Order No. 2 –
Baseline Master Lift Force Main Replacement & Pump Station Rehab – Job No.
M-170
Town
Engineer John Whitney reported that Change Order No. 2 includes labor and
materials to install a new automatic slide gate at the Water/Wasterwater
Treatment Plant entrance. The Change
Order will result in a net increase to the contract of $13,894. The Town’s Consulting Engineer on the
project has reviewed the Change Order and recommends approval.
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the
recommendation of the Town’s Consulting Engineer and approve Change Order No. 2
for the Baseline Master Lift Force Main Replacement & Pump Station Rehab –
Job No. M-170.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Town of Grand Island –
Safety Manual
The Town
Safety Committee has completed the draft version of the Safety & Health
Program Manual.
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the
draft of the Town of Grand Island Safety Manual to the Town Attorney for review
as to form and content.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
CODE ENFORCEMENT OFFICER –
DOUGLAS LEARMAN:
Request to Amend Fee
Schedule – Agricultural Buildings
The Code
Enforcement Officer reported to the Town Board that the NYS Building Code has
exempted agricultural buildings; which are defined as “a structure designed and
constructed to house farm implements, hay, grain, poultry, livestock or other
horticulture products” from having to comply with its requirements, plan review
and inspections are not required to be performed for this type of building.
The Town
has no responsibility for review or building inspections on these projects, but
only compliance with zoning and site plan requirements, the building permit fee
is excessive for larger buildings.
A motion
was made by Councilman Crawford, seconded by Councilwoman Argy to amend the Fee
Schedule to add Agricultural Buildings with a flat building permit fee of $50
for a single inspection.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
ZONING OFFICER – JOHN
McCARTHY:
Set Public Hearing – Special
Use Permit Application – Cyrus Ardalan, 5345 East River Road – Keeping of up to
10 Equine Animals on 50 Acres
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public
Hearing for Monday, June 19, 2006 at 8:00p.m. for the purpose of hearing anyone
who wishes to comment in favor of or against the application of Cyrus Ardalan,
5345 East River Road for a Special Use Permit for the keeping of up to 10
equine animals on 50 acres of vacant land.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Special Use Permit Renewal –
Patricia A. Burg, 3030 Stony Point Road – Keeping of 2 Agricultural Animals on
3.5 Acres
A motion
was made by Councilman Crawford, seconded by Councilwoman Argy to renew the
Special Use Permit for Patricia A. Burg, 3030 Stony Point Road for keeping of 2
agricultural animals on 3.5 acres. The
property has been inspected and it is unchanged.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
GENERAL COMMUNICATION:
CSEA, Local 1000 AFSCME,
AFL-CIO – Request for Information to Negotiate Successor Agreement to
Collective Bargaining Agreement
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the
request to the Supervisor for him to provide the requested information and to
the Town Attorney when negotiations begin.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
County of Erie, Joel A. Giambra – Erie County Sheriff’s
Patrol Service
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer the
correspondence from Erie County Executive Joel Giambra requesting the Town to
pay the County $301,692 in 2007 for County Sheriff’s Patrol to the Town Board
for review.
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 #83185 -
#83313
General $ 98,976.48
Highway $ 7,744.41
Sewer $
12,652.93
Water $ 22,425.33
Capital $ 2,990.00
Lighting $ 200.00
Total $144,989.15
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
UNFINISHED BUSINESS:
Request to Amend Fee
Schedule – Reclassification (Re-zoning)
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to change the
language on the Fee Schedule under the Reclassification (Re-Zoning) to: $100
per acre for each of the first two acres or part of an acre, + $50 for each
additional acre or part of an acre over the first two.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Meyer-Sheenwater Estates –
Phase II – Love Road – Preliminary Approval
Remains
Tabled.
Waterford Park Subdivision –
Preliminary Plat Approval (Revised Plan) Set Public Hearing
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public
Hearing for Monday, June 19, 2006 at 8:00p.m. for the purpose of hearing anyone
who wishes to comment in favor of or against the Preliminary Plat Approval
(Revised Plan) for the proposed Waterford Park Subdivision.
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: Nan Hoffman
Re: Waterford Park
FROM
THE TOWN BOARD:
Councilwoman
Cooke: 1282 Stony Point Rd
rezoning
Councilman
Crawford: 1282 Stony Point Rd.
rezoning, Erie County Budget Issues
Councilwoman
Argy: 1282 Stony Point Rd.
rezoning
Councilman
Roesch: 1282 Stony Point Rd.
rezoning, Seneca Land Claim, Dunlop
Building, Relay for Life event – Friday, June 9, 2006 at 6:00p.m.
Supervisor McMahon: Relay for Life event
ADJOURNMENT:
A motion was made by Councilman Crawford, seconded by Councilman Roesch to adjourn the meeting at p.m.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Howard
Killian
Robert
Coady
John
Wheeler
Helen
Groff
Gordon
Hall
Robert
Serviss
Norman
Linde
Joanne
Croad
Stephan
Kovacs
Respectfully
submitted,
Patricia A. Frentzel
Town Clerk