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 4th of October, 2010.

 

Present:                      Peter A. McMahon                   Supervisor

Mary S. Cooke                        Councilwoman

Richard W. Crawford              Councilman

Gary G. Roesch                      Councilman

Raymond A. Billica                  Councilman

Patricia A. Frentzel                 Town Clerk

Peter Godfrey                          Town Attorney

 

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

Supervisor Peter McMahon gave the Invocation. 

Councilman Raymond Billica 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 HEARINGS:

2011 Community Development Block Grant

A Public Hearing was held on Monday, October 4, 2010 at 8:00p.m. for the purpose of hearing anyone who wanted to suggest a project for 2011 Community Development Block Grant Funds.

      

Supervisor McMahon declared the Public Hearing closed.

 

Create Lighting District #60 – Country Club Cottages Phase I

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition to creating Lighting District #60 – Country Club Cottages – Phase I.

      

     Speakers in Favor:                 None

    Speakers in Opposition:          None

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Roesch, seconded by Councilman Billica to adopt the following resolution creating Lighting District #60 – Country Club Cottages – Phase I:

WHEREAS, previously the Town Board of the Town of Grand Island, received a petition, signed and acknowledged in the manner required by law by sufficient number of property owners, together with a map, plan and report for the creation of the Country Club Cottages Phase I Lighting District No. 60, Town of Grand Island, the boundaries of which said district are set forth below, and the improvements proposed consist of an electric street lighting system serving said district; and

            WHEREAS, pursuant to an Order adopted by this Town Board on September 20, 2010, reciting the filing of the map, plan and report, the improvements proposed, the method of financing, the boundaries of the proposed Creation and all other matters required to be stated by law, the Town Board of the Town of Grand Island held a duly noticed public hearing at the Town Hall, 2255 Baseline Road, Grand Island, New York at 8:00 p.m. on October 4, 2010, to consider creation of said district including the environmental significance thereof and to hear all persons interested in the subject thereof, concerning the same, and for such other further action on the part of said Town Board, with relation to the proposed district.

            NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND as follows:

            1.  Establishment of the Lighting District will not have a significant adverse impact on the environment and therefore a Negative Declaration of Environmental Significance has been issued for the creation of this District.

            2.  That the Petition is signed and acknowledged or proved or authenticated as required by law, and is otherwise sufficient.

            3.  That the notice of public hearing was duly published and posted as required by law, and is otherwise sufficient.

            4.  That all properties and property owners benefitted by the improvements are included in the District.

            5.  That all properties and property owners included in the District are benefitted thereby.

            6.  That it is in the public interest to create the Lighting District.

            7.  That in the opinion of the Board, none of the properties included in the Lighting District will be unduly burdened by the creation of the District.

            8.  That creation of the District as set forth in the map, plan and report is approved, that the performance of supplying electrical street lighting service be contracted for by the Town Board acting for and on behalf of the District for the illumination of streets or highways in said District pursuant to the provisions of New York Town Law § 198(6), with an annual total charge not to exceed $1,805.75, with an expected annual cost to the typical property in the proposed District (which typical property is a single family home ) of $69.45, which said expense shall be levied and collected from the several lots and parcels of land within said District, as bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island , County of Erie , State of New York , being part of lot 12;

WHEREAS, the boundaries of the proposed district are as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Grand Island , County of Erie and State of New York , being part of Lot 12 on said Island , bounded and described as follows:

            Commencing at the northeast corner of Lot 12, said north east corner being the point of intersection of the centerline of Baseline Road with the centerline of Fix Road ;

            Running thence westerly along the north line of Lot 12, and the centerline of Fix Road a distance of 569.00 feet to the Point or Place of Beginning, said point being the northwesterly corner of lands conveyed to John W. Smith and Sophie Smith by deed filed in the Erie County Clerk’s Office in Liber 8546 of deeds at page 117;

            Running thence southerly, along the westerly line of Smith, S.01°04’45”E a distance of 383.00 feet to the southwest corner of Smith;

            Running thence easterly, along the south line of Smith, and Parallel with the north line of Lot 12 N88°58’45”E a distance of 385.67 feet to the northwest corner of Subdivision Lot 11 as shown on Map filed in the Erie County Clerk’s office under Map Cover 2268;

            Running thence southerly, along the west lines of Subdivision Lots 11 and 12 and Parallel with the east line of Lot 12, S01°01’45”E a distance of 160.02 feet to the southwest corner of said Subdivision Map;

            Running thence easterly, along the south line of Subdivision Lot 12 N88°58’15”E a distance of 130.00 feet to a Point of Curve;

            Running thence along a curve to the left having a radius of 20.00 feet, an arc length of 31.42 feet and chord bearing of N43°58’15”E and chord distance of 28.28 feet to a point on the west line of Baseline Road;

            Running thence easterly N88°58’15”E a distance of 33.00 feet to a point on the centerline of Baseline Road and the east line of Lot 12;

            Running thence southerly, along the center line of Baseline Road and the east line of Lot 12 S01°01’45”E a distance of 110.00 feet to a point;

            Running thence westerly S88°58’15”W a distance of 33.00 feet to a point on the west line of Baseline Road ;

            Running thence along a curve to the left having a radius of 20.00 feet, an arc length of 31.42 feet and chord bearing of N.46°01’45”W and a chord distance of 28.28 feet to a point on the north line of Subdivision Lot 13 on said subdivision map;

            Running thence westerly, along the north line of Subdivision Lot 13 of said subdivision map S88°58’15”W a distance of 130.00 feet to the north west corner of Subdivision Lot 13;

            Running thence southerly along the west line of Subdivision Lots 13 through 20 of said Subdivision Map S01°01’45”E a distance of 580.00 feet to the northwest corner of Subdivision Lot 21 of said Subdivision Map, said point also being the northeast corner of Subdivision Lot 53 as shown on Map filed in the Erie County Clerk’s office under cover 2274;

            Running thence westerly along the north line of Subdivision Lot 53 and its extension S88°58’15”W a distance of 199.00 feet to a point on the east line of Subdivision Lot 52 of said map;

Running thence northerly along the east line of Subdivision Lot 52 N01°01’45”W a distance of 7.07 feet to the northeast corner of Subdivision Lot 52;

            Running thence westerly along the north line of Subdivision Lot 52 S88°58’15”W a distance of 129.99 feet to the northwest corner of Subdivision Lot 52, said point being a point on the east line of Subdivision Lot 51;

            Running thence northerly along the east line of Subdivision Lot 51 N01°01’15”W a distance of 35.00 feet to the north east corner of Subdivision Lot 51;

            Running thence westerly along the north line of Subdivision Lots 51, 50 and 49 S88°58’45”W a distance of 159.78 feet to a point;

            Running thence the following 8 courses and distances through the lands conveyed to John Stickl Construction Co, Inc. by deed filed in the Erie County Clerk’s Office in Liber 11103 of deeds at page 1677:

1.N01°01’15”W a distance of 94.61 feet to a point

2.N17°35’09”E a distance of 115.86 feet to a point

3.N19°53’12”W a distance of 184.83 feet to a point

4.S88°58’15”W a distance of 477.41 feet to a point

5.N01°01”15”W a distance of 311.60 feet to a point

6.N30°57’11”E a distance of 42.11 feet to a point

7.N41°05’51”E a distance of 48.16 feet to a point

8.N01°01’15”W a distance of 221.72 feet to a point on the south line of Subdivision Lot 6 as shown on Map filed in the Erie County Clerk’s office under cover 2268;

Running thence easterly along the south line of Subdivision Lots 6 though 10 of said Subdivision Map N88°58’45”E a distance of 349.36 feet to the southeast corner of Subdivision Lot 10 of said map;

Running thence northerly along the east line of Subdivision Lot 10 N01°01’15”W a distance of 114.00 feet to a point of curve;

Running thence along a curve to the left having a radius of 20.00 feet , an arc length of 31.42 feet and chord bearing of N46°01’15”W and chord distance of 28.28 feet to a point on the south line of Fix Road;

Running thence northerly N01°01’15”W a distance of 33.00 feet to a point on the centerline of Fix Road and the north line of Lot 12;

            Running thence easterly, along the centerline of Fix Road and the north line of Lot 12 N88°58’45”E a distance of 218.84 feet to the Point or Place of Beginning, containing 17.082 acres more or less, and

9.         Within ten (10) days after adoption the Town Clerk shall file one certified copy of this Resolution with the State Comptroller and record one certified copy of this Resolution in the Office of the Erie County Clerk.

10.       This Resolution is effective immediately. 

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

                       Noes     0

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve Minutes of Workshop Meeting #61, September 20, 2010, Minutes of Regular Meeting #17, September 20, 2010, and Minutes of Workshop Meeting #62, September 22, 2010

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

                       Noes     0

 

CONSENT AGENDA:

1.      Meeting Minutes – Board of Architectural Review – August 17, 2010

2.      County of Erie, County Executive – 2010 Erie County Community Development Block Grant (CDBG) Action Plan for Grandyle Village Sidewalk Improvement Project

3.      Time Warner Cable – Developments Affecting Time Warner Cable Subscribers in the Western New York Division

4.      State of New York , Public Service Commission – Notice of Public Statement Hearings, Niagara Mohawk Power Corporation D/B/A National Grid – Electric Rates

5.      Meeting Minutes – Long Range Planning Committee – July 28, 2010

6.      County of Erie , County Executive – 2010, 30 Day Period for Inclusion of Lands into an Agricultural District

A motion was made by Councilman Billica, seconded by Councilman Roesch to approve the consent agenda as distributed.

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

                       Noes     0

 

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Jack & Carol Hugill, Bedell Road – RV at Storage Facility – Request for Extension

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to grant permission to Mr. & Mrs. Jack Hugill to occupy their motor home for a three (3) week period ending October 21, 2010.

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

                       Noes     0

 

Proposed Property Exchange - David & Geraldine Stalica - 2969 Baseline Road

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to deny the request for a proposed property exchange in Veterans Park with David & Geraldine Stalica, 2969 Baseline Road and for the Supervisor to notify the applicant’s attorney.

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

                       Noes     0

 

Authorize Supervisor to Sign – 2010-2013 Snow Removal Contract with Erie County

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to authorize the Supervisor to sign the Intermunicipal Agreement with Association of Erie County Governments and the Highway Superintendents.  The 2010-2011 rate is $3,077.67 per lane mile, the 2011-2012 rate is $3,231.55 per lane mile, and the 2012-2013 rate is $3,393.13 per lane mile.

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

                       Noes     0

 

TOWN ATTORNEY – PETER GODFREY:

Country Club Cottages – Phase I – Road Dedication

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the resolution and consent in the matter of the acceptance and laying out of certain Town Highways in the Town of Grand Island, County of Erie and State of New York to be known as Cottagewood Lane subject to the approval of the Town Attorney, Town Engineer and Highway Superintendent as follows:

WHEREAS, Upon submission of the annexed deed of dedication of John W. Stickl Construction Co., Inc., dedicating and releasing the necessary lands for 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 Cottagewood Lane; 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 Cottagewood Lane, the Town highways to consist of the lands described in the deed of dedication, subject to the approvals of the Town Engineer, Highway Superintendent, 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 Cottagewood Lane, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorney for John W. Stickl Construction Co., Inc., 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 it is further

            RESOLVED that, the Town Superintendent and Town Clerk are hereby authorized to execute such documents and enter into such agreements as are necessary or appropriate to accepting and laying out the aforesaid town highways.

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

                       Noes     0

Country Club Cottages – Phase I – Accept Public Improvements

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to adopt the resolution accepting turnaround, public drainage, sanitary sewer and access easements subject to the approval of the Town Attorney, Town Engineer and Highway Superintendent as follows:

WHEREAS, John W. Stickl Construction Co., Inc. has offered for dedication lands for proposed town highway to be known as Cottagewood Lane, and the plans submitted by John W. Stickl Construction Co., Inc. in connection with such proposed town highways include turnaround, sanitary sewer, public drainage and access easements in favor of the Town of Grand Island, and John W. Stickl Construction Co., Inc. has offered such turnaround, sanitary sewer, public drainage and access easements to the Town of Grand Island; now therefore, it is

            RESOLVED, that subject to the approvals of the Town Engineer, Highway Superintendent, and the attorneys for the Town, the Town Board does hereby accept from John W. Stickl Construction Co., Inc., the owner of the Country Club Cottages subdivision, the Temporary Turnaround Easement as shown by the plans submitted to the Town, provided the easements are filed by the attorney for John W. Stickl Construction Co., Inc., 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 it is further

            RESOLVED, that subject to the approvals of the Town Engineer, Highway Superintendent, and the attorneys for the Town, the Town Board does hereby accept from John W. Stickl Construction Co., Inc., the owner of the Country Club Cottages subdivision, the Permanent Easement for Sanitary Sewer, Public Drainage and Access as shown by the plans submitted to the Town, provided the easements are filed by the attorney for John W. Stickl Construction Co., Inc., 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 it is further

            RESOLVED that, the Town Superintendent and Town Clerk are hereby authorized to execute such documents and enter into such agreements as are necessary or appropriate to accepting and laying out the aforesaid easements.

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

                       Noes     0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Authorize Supervisor to Sign Memorandum of Agreement – Western New York Stormwater Coalition

The Town signed the original Memorandum of Agreement that went into effect January 1, 2006 and expires on December 31, 2010.  The Town has benefitted greatly from being a member of the Coalition.  The Coalition has played an important role in helping the Town be in compliance with our Stormwater Permit and will continue to do so under a new agreement.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Memorandum of Agreement for the Western New York Stormwater Coalition through December 31, 2015.

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

                       Noes     0

 

Final Plat Approval – Grand Park Vue Subdivision, Section VI – Set Public Hearing

A motion was made by Councilman Billica, seconded by Councilwoman Cooke to set a Public Hearing for Monday, October 18, 2010 at 8:00p.m. for the for the purpose of hearing anyone who wants to comment in favor or in opposition to Final Plat Approval for Grand Park Vue Subdivision, Section VI.

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

                       Noes     0

ZONING OFFICE:

Special Use Permit Renewal – John R. Ventry, 3440 Stony Point Road – Keeping of 1 Agricultural Animal on 2+ Acres

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to renew the Special Use Permit for John R. Ventry, 3440 Stony Point Road for keeping of 1 Agricultural Animal on 2+ Acres.  The site has been inspected and it is unchanged.

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

                       Noes     0

 

Special Use Permit Renewal – Gail Villani, 5302 East River Road – Keeping of 1 Agricultural Animal on 2.3 Acres

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the Special Use Permit for Gail Villani, 5302 East River Road for keeping of 1 Agricultural Animal on 2.3 Acres.  The site has been inspected and it is unchanged.

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

                       Noes     0

 

Local Law Intro #8 of 2010 – Rezoning – Meng-Ko Development LLC, 2356 Whitehaven Road , from R1-A to CR – Set Public Hearing

A motion was made by Councilman Roesch, seconded by Councilman Crawford to set a Public Hearing for Monday, October 18, 2010 at 8:00p.m. for the for the purpose of hearing anyone who wants to comment in favor or in opposition to Local Law Intro #8 of 2010 – Rezoning Request from Meng-Ko Development LLC, 39.972 acres at 2356 Whitehaven Road to amend the Zoning Map from R1-A to CR for the construction of a sports complex.

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

                       Noes     0

 

COMMUNICATIONS – GENERAL: 

Resignation – Grand Island Economic Development Advisory Board

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the resignation of LuJean Jennings from the Economic Development Advisory Board with regret and send a certificate of appreciation to Ms. Jennings.

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

                       Noes     0

 

Block Party – Jamie Panowicz – Waterford Park – Saturday, October 23, 2010 – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, October 18, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to the closing of a portion of Waterford Park on October 23, 2010 for the purposes of a block party.

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

                       Noes     0

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #99016 – 99148

General    $  47,541.35    

Highway   $  44,164.05 

Sewer      $  23,049.32    

Water       $    8,695.95 

Fire           $246,302.54

       Total         $369,753.24

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

                       Noes     0

UNFINISHED BUSINESS:

Local Law Intro #2 of 2009 - Rezoning of Business Districts

Remains Tabled.

 

Development & Funding Agreement – JSJ Holdings LLC

Remains Tabled.

 

SUSPENSION OF RULES:

Change of Status – Two Seasonal Employees

A motion was made by Councilman Crawford, seconded by Councilman Billica to suspend the rules to consider a change of status for two seasonal employees in the Engineering Department.

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

                       Noes     0

 

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to accept the recommendation of the Town Engineer and change the status of Jesse Petit and Timothy Burns from Part-time Seasonal to Part-time, effective October 6, 2010 at their current hourly rate.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Billica, 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: 

Grand Island Fire Company Annual Open House Friday, October 8, 2010 – Hours: 5:00-8:00p.m. –– GI Main Fire Hall – 2275 Baseline Road – All Welcome; 2010 CDBG Funds returned and deferred to 2011 project

 

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:23p.m.

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

                       Noes     0

 

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


Mary Matthews                         Gerald Hawley

Michelle Burke                          Thomas Violanti

Alfreda Chapin                          Mieko Miller

Thomas Sander

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk