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 8:00p.m. on the 15th of December, 2008.

 

Present:                      Peter A. McMahon                Supervisor

Mary S. Cooke                        Councilwoman

Richard W. Crawford                         Councilman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Supervisor Peter McMahon called the meeting to order at 8:00p.m.

Reverend Jeff Childs from Trinity United Methodist Church gave the Invocation. 

Councilwoman Mary Cooke led the Pledge of Allegiance. 

 

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

 

Speakers:            None                                       

 

PUBLIC HEARING:

Local Law Intro #8 of 2008 – Cold War Veterans Exemption – Public Hearing

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to proposed Local Law Intro #8 of 2008 for a Cold War Veterans Exemption.

               

              Speakers in Favor:                 None  

               

           Speakers in Opposition:             None                     

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to adopt Local Law #5 of 2008 for a Cold War Veterans Exemption as follows:

A LOCAL LAW in relation to enacting an exemption from real property taxes for Cold War veterans as authorized by Section 458-b of the Real Property Tax Law.

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND AS FOLLOWS:

Section 1.   Purpose

The purpose of this local law is to make provision for a Cold War veterans exemption from Town of Grand Island real property taxes and to make such exemption first available and applicable to Town of Grand Island real property taxes levied for the 2010 tax year.

Section 2.   Definitions

             A.             “Cold War veteran” means a person, male or female, who served on active duty in the United States armed forces, during the time period from 9/2/1945 to 12/26/1991, and was discharged or released therefrom under honorable conditions.

             B.             “Armed forces” means the United States Army, Navy, Marine Corps, Air Force and Coast Guard.

             C.             “Active duty” means full-time duty in the United States armed forces, other than active duty for training.

             D.             “Service connected” means, with respect to a disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval or air service.

            

 

             E.             “Qualified owner” means a Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran.  Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined.  Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.

             F.             “Qualified residential real property” means property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this local law.  Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran unless the Cold War veteran or unremarried Cold War veteran is absent from the property due to medical reasons or institutionalized.

             G.             “Latest state equalization rate” means the latest final equalization rate established by the State Board of Real Property Services pursuant to Article 12 of the Real Property Tax Law.

Section 3.   Amount of Exemption

             A.             Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000 or the product of $12,000 multiplied by the latest state equalization rate of the assessing unit, whichever is less.

             B.   In addition to the exemption provided by subdivision A of this section, where the Cold War veteran received a compensation rating from the United States Veterans Affairs or the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $40,000, or the product of  $400,000 multiplied by the latest state equalization rate for the assessing unit, whichever is less.

Section 4.   Limitations

             A.             The exemption from taxation provided by this local law shall not be applicable to real property taxes levied or relevied for school purposes.

             B.   If the Cold War veteran receives the eligible funds veterans exemption pursuant to Section 458 of the Real Property Tax Law or the alternative veterans exemption pursuant to Section 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption provided by this local law.

             C.             The exemption provided by subdivision A of section 3 of this local law shall be granted for a period of 10 years, the commencement of such 10 year period being governed pursuant to this subdivision.  Where a qualified owner owns qualifying residential real property on the effective date of this local law, such 10 year period shall commence with the Town of Grand Island’s 2010 tax year.  Where a qualified owner does not own qualifying residential real property on the effective date of this local law, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least 60 days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the date of purchase of residential property, such 10 year period shall be measured from the first assessment roll in which the exemption occurred.  If, before the expiration of the such 10 year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to subdivision A of section 3 of this local law for the unexpired portion of the 10 year exemption period.

             D.             Application for the exemption shall be made by the owners, or all of the owners, of the property on a form prescribed by the State Board of Real Property Services.  The owner or owners shall file the completed form in the assessor’s office on or before the first appropriate taxable status date.  The exemption shall continued in full force and effect for all the appropriate subsequent tax years and the owner or owners of the property shall be required to refile each year.  Applicants shall be required to refile on or before the appropriate taxable status date if the percentage of disability percentage increases or decreases or may refile if other changes have occurred which affect qualification for an increased or decreased amount of exemption.  Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to penalties prescribed in the Penal Law.

Section 5.   Severability

If any clause, sentence, paragraph, subdivision, section or part of this local law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Section 6.  This Local Law shall take effect on December 1, 2008.

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

         Noes    0

 

Special Use Permit Application – Terry Mesmer – Construct Addition for an Auto Repair Shop located at 2038 Grand Island Boulevard

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to the proposed Special Use Permit Application from Terry Mesmer to construct an addition for an auto repair shop located at 2038 Grand Island Boulevard.

 

              Speakers in Favor:                 None 

               

           Speakers in Opposition:             Tim Ehde                     

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to table the  

proposed Special Use Permit Application from Terry Mesmer to construct an addition for an auto repair shop located at 2038 Grand Island Boulevard.

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

         Noes            0

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve Minutes of Workshop Meeting #99, November 14, 2008, Minutes of Workshop Meeting #100, November 17, 2008, Minutes of Workshop Meeting #101, November 17, 2008, Minutes of Workshop Meeting #103, November 25, 2008, Minutes of Workshop Meeting #104, December 1, 2008, Minutes of Regular Meeting #22, December 1, 2008 and Minutes of Workshop Meeting #105, December 2, 2008.

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

         Noes            0

 

 

CONSENT AGENDA:

1.      State of New York, Unified Court System – Justice Court Assistance Program

2.      Time Warner Cable – Switched Digital Video

3.      Building Permits Issued – November 2008

4.      Meeting Minutes – Grand Island Memorial Library Board of Trustees – May 29 & July 10, 2008

5.      Golden Age Center – Facility Usage – November 2008

6.      Golden Age Center – Vehicle Usage – November 2008

7.      Meeting Minutes – Planning Board – November 10, 2008

8.      Meeting Minutes – Zoning Board of Appeals – November 6, 2008

9.      Meeting Minutes – Traffic Safety Advisory Board –  March, April, May, July, August, October and November 2008

10.  J. O’Connell & Associates, Grants Consultants – Grand Island Recreational Trails Grant

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

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

         Noes    0

 

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – May 2008 through November 2008

The Supervisor reported a cash balance of $346,298 on May 1, 2008

Total Receipts of $3,074,632

Total Disbursements of $3,120,329

Operating A/C Interest $75

Operating A/C Balance $300,676

Investment Interest $11,340

Investment Balance $6,139,242

Total Cash Balance as of May 31, 2008 $6,439,918

 

The Supervisor reported a cash balance of $300,676 on June 1, 2008

Total Receipts of $971,531

Total Disbursements of $1,110,691

Operating A/C Interest $77

Operating A/C Balance $161,593

Investment Interest $10,147

Investment Balance $6,076,659

Total Cash Balance as of June 30, 2008 $6,238,252

 

The Supervisor reported a cash balance of $161,593 on July 1, 2008

Total Receipts of $2,547,456

Total Disbursements of $2,438,522

Operating A/C Interest $96

Operating A/C Balance $270,624

Investment Interest $11,222

Investment Balance $5,108,958

Total Cash Balance as of July 31, 2008 $5,379,582

 

 

 

The Supervisor reported a cash balance of $270,624 on August 1, 2008

Total Receipts of $1,176,410

Total Disbursements of $1,069,800

Operating A/C Interest $107

Operating A/C Balance $377,340

Investment Interest $8,306

Investment Balance $4,978,636

Total Cash Balance as of August 31, 2008 $5,355,976

 

The Supervisor reported a cash balance of $377,340 on September 1, 2008

Total Receipts of $1,135,951

Total Disbursements of $1,081,223

Operating A/C Interest $146

Operating A/C Balance $432,214

Investment Interest $8,245

Investment Balance $4,717,915

Total Cash Balance as of September 30, 2008 $5,150,129

 

The Supervisor reported a cash balance of $432,214 on October 1, 2008

Total Receipts of $1,818,312

Total Disbursements of $1,760,118

Operating A/C Interest $179

Operating A/C Balance $490,586

Investment Interest $8,298

Investment Balance $5,751,617

Total Cash Balance as of October 31, 2008 $6,242,203

 

The Supervisor reported a cash balance of $490,586 on November 1, 2008

Total Receipts of $849,034

Total Disbursements of $1,017,194

Operating A/C Interest $108

Operating A/C Balance $322,533

Investment Interest $6,940

Investment Balance $5,376,165

Total Cash Balance as of November 30, 2008 $5,698,698

No action required by Town Board.

 

COUNCILWOMAN MARY S. COOKE:

Medical Care Bonus Returned to Town

Councilwoman Cooke returned the health insurance incentive check in the amount of $3,454.78. This is for information only, no action by the Town Board.

 

 

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Award Bid – One New and Unused 2009 9’ All Season Dump Box

Highway Superintendent Raymond Dlugokinski reported that he had opened the bids on December 3, 2008 for a 2009 - 9’ all season dump box.  One bid was received from the following:

                               

                        Viking Cives                                       $22,431.00

 

After careful review of the bid, Mr. Dlugokinski recommended the sole bidder, Viking Cives be awarded the bid in the amount of $22,431.00.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept Mr. Dlugokinski’s request for sole bidder, Viking Cives to be awarded the bid for a 2009 - 9’ all season dump box in the amount of $22,431.00

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

                        Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Award Bid – 2008 Drainage Program – Project No. D-37

Town Engineer John Whitney reported that the bids were opened on December 10, 2008 for the 2008 Drainage Improvement Program.  Six bids were received from the following:

 

L.D.C. Construction, Inc.                  $ 46,573.25

Sam Long’s Landscaping               $ 69,450.00

Scott Lawn Yard, Inc.                              $ 70,476.00

American Paving & Excavating            $ 80,767.55

NFP and Sons                                             $153,430.00

Mark Cerrone                                               $357,496.00

 

After careful review of the bids, Mr. Whitney recommended the low bidder, L.D.C. Construction, Inc. be awarded the bid in the amount of $46,573.25.

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept Mr. Whitney’s request for low bidder L.D.C. Construction, Inc. to be awarded the bid for the 2008 Drainage Program in the amount of $46,573.25.

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

         Noes            0

 

Award Bids – Refuse and Garbage District No. 1 – Garbage Collection and Disposal – Job No. M-67-08

Town Engineer John Whitney reported that the bids were opened on December 10, 2008 for the Refuse and Garbage District No. 1 – Garbage Collection and Disposal, Job No. M-67-08.  Two bids were received from the following:

 

Allied Waste Services                                $1,216,320.00

Modern Disposal Services                    $1,319,850.00

 

Bids were also received for the collection of solid waste from various Town facilities.

 

Allied Waste Services                                No Charge if awarded Contract A

Modern Disposal Services                      $51,963.00

 

After careful review of the bids, Mr. Whitney recommended the low bidder, Allied Waste Services be awarded the bid for year one of a five year contract with one five year term renewal possible for residential collection and disposal for the Town Facilities in the amount of $1,216,320.00

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept Mr. Whitney’s request for low bidder Allied Waste Services be awarded the bid for year one residential collection and disposal for the Town Facilities in the amount of $1,216,320.00.

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

         Noes    0

 

TOWN ACCOUNTANT – PAM BARTON:

Budget Amendment – LGRMIF

90% of the 2008-2009 NYS LGRMIF Grant for the Town of Grand Island has been received in the amount of $13,536.  This grant was obtained to purchase the automated time & attendance management software system form Executime.

A motion was made by Councilwoman Argy, seconded by Councilman Crawford to approve the following budget amendments for the grant money:

 

Increase Revenue a/c                001.0001.3007            NYS Grants             $13,536

Increase Appropriation            001.1620.0458            Shared Services

                                                                                    Network Adm.             $13,536

 

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

         Noes    0

 

CODE ENFORCEMENT OFFICER:

Electrical Election

Code Enforcement Officer Douglas Learman reported the results of the yearly ballot to elect a member to the Electrical Examining board to the Town Board.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Robert Zacher to the Electrical Examining Board for Grand Island for a two-year term to expire on 12/31/10.

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

         Noes    0

 

 

PLANNING BOARD:

Dates and Time of 2009 Planning Board Meetings

Correspondence was received by the Planning Board with the schedule of the 2009 meeting dates and agenda deadlines.  No action by the Town Board.

 

 

Robert & Carolyn Marble – Abandonment of Paper Street (Avery Ave.)

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table the action pending the recommendation of the Highway Superintendent.

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

         Noes    0

 

 

COMMUNICATIONS – GENERAL: 

Astellas – Layoff of Employees of Astellas Pharma Manufacturing, Inc.

No action by the Town Board.

 

 

 

 

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #92579 – 92806

General           $ 75,864.43       

Highway       $ 52,593.54

Sewer             $ 33,736.33

Water              $   9,932.34

 Capital                            $   1,900.00

 Garbage                         $ 94,695.93

  Total                $268,722.57

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

         Noes    0

 

UNFINISHED BUSINESS:

Upstate Cellular, Long Road – Site Plan Approval – Cell Tower

Remains Tabled

 

KeyCorp – Proposed Key Bank – Site Plan Review

Remains Tabled

 

A. Key Bank Correspondence Dated 12/8/2008 - Hopkins Garas & Sorgi, Attorneys at Law

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the correspondence from Hopkins, Garas & Sorgi, Attorneys at Law regarding the request to modify the scope of work for the independent traffic consultant to the Town Board for review and response.

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

         Noes    0

 

Golf Course Villas at River Oaks, Phase 3, (21 Lots) – Final Plat Approval

Remains Tabled

 

SUSPEND THE RULES:

Country Club Cottages - SDEIS

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to suspend the rules to consider a request to establishing a new public comment period for the Country Club Cottages Supplemental Draft Environmental Impact Statement (SDEIS).

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

         Noes    0

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to establishing a new public comment period for the Country Club Cottages Supplemental Draft Environmental Impact Statement (SDEIS) beginning on Saturday, December 20, 2008 and ending at 5:00p.m. on Tuesday, January 20, 2009.  In addition, the applicant is directed to publish an appropriate notice in the Town’s legal newspaper no later Friday, December 19, 2008.

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

         Noes    0

 

PUBLIC COMMENTS:

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

    

       Speakers:             None

 

FROM THE TOWN BOARD: 

Councilwoman Cooke: Santa at Town Hall last Saturday – Thanks to Recreation Department

Councilman Roesch: Astellas Pharma is closing - Invitrogen is taking 60 employees; Knights of Columbus food distribution; Thanks to all volunteers

From All: Happy Holidays, Merry Christmas, and Happy New Year

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at 8:29p.m.

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

         Noes    0

 

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

 

Michael Dommer

Kathryn Tirone

Bertha Matteson

Howard Kaiser

Dorothy Nizialek

Martha Gangloff

Lana Violanti

Alice Engel

Helen Becker

Carol Nordvik

                                                                       


 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk