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 1st of March, 2010.
Present:
Peter A. McMahon
Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Gary
G. Roesch
Councilman
Patricia
A. Frentzel
Town Clerk
Peter
C. Godfrey
Town Attorney
Excused:
Raymond A. Billica
Councilman
Supervisor McMahon called the meeting
to order at 8:00p.m.
Councilman Gary Roesch led the Pledge
of Allegiance.
This is an opportunity for residents
to comment on any matter regarding the meeting agenda items only.
Speakers:
None
PUBLIC
HEARING:
Local Law Intro #2/2010 Rezone a Portion of Branches of Niagara from
CR to R1-A, Part of SBL # 36.00-1-1.11 (aka
Niagara Falls Campground, LLC / Whitehaven Road Campgrounds)
A Public
Hearing was held at 8:00p.m. for the purpose of hearing
anyone who wants to comment in favor or in opposition to Local Law Intro
#2/2010 rezone a
portion of Branches of Niagara from CR to R1-A, part of SBL # 36.00-1-1.11 (aka
Niagara Falls Campground, LLC / Whitehaven Road Campgrounds) for a
residential home.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A motion was made by Councilwoman
Cooke, seconded by Councilman Crawford to refer Local Law Intro #2/2010 rezone a portion of Branches of Niagara
from CR to R1-A, part of SBL # 36.00-1-1.11 (aka
Niagara Falls Campground, LLC / Whitehaven Road Campgrounds) for a
residential home to the Town Board.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
approve Minutes of Workshop Meeting #6, February 1, 2010, Minutes of Regular
Meeting #3, February 1, 2010, Minutes of Workshop Meeting #7, February 3,
2010, and Minutes of Workshop Meeting #8, February 22, 2010.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
1.
Meeting
Minutes Commission for the Conservation of the Environment September
10, 2009 & December 10, 2009 & January 14, 2010
2.
Time Warner
Cable Developments Affecting Time Warner Cable Subscribers in Grand Island
3.
Golden Age
Center Facility Usage January 2010
4.
Golden Age
Center Vehicle Usage January 2010
5.
Building
Permits Issued January 2010
6.
Meeting
Minutes Zoning Board of Appeals January 7, 2010
7.
Meeting
Minutes Grand Island Memorial Library December 2, 2009
8.
Village
Officials Association of Erie County, New York, Town of Alden Resolution
Regarding Electromagnetic Pulse (EMP) Attack
9.
New York State
Department of Environmental Conservation SEQR Lead Agency Designation
Branches of Niagara Campground and Resort Rezone Lands from CR to R1-A and
Subdivision
10.
State of New
York, Department of Transportation Notice of Appropriation
11.
Meeting
Minutes Planning Board January 11, 2010
12.
Meeting
Minutes Board of Architectural Review January 19, 2010
13.
County of
Erie, Department of Environment and Planning Final 2010 Annual Action Plan
and the Five-Year Consolidated Plan 2010-2014
A motion was
made by Councilwoman Cooke, seconded by Councilman Roesch to approve the
consent agenda as distributed.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
COMMUNICATIONS
TOWN BOARD:
SUPERVISOR
McMAHON:
Intermunicipal
Agreement between the Town of Grand Island and Erie County
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the intermunicipal agreement between the Town
of Grand Island and Erie County.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Appointment
Historic Preservation Advisory Board
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
reappoint Curtis Nestark to the Historic Preservation Advisory Board for a
two-year term expiring December 31, 2011.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Appointment
Commission for Conservation of the Environment
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to
appoint Diane Evans to the Environmental Conservation Commission for a
five-year term expiring December 31, 2014.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
COMMUNICATIONS
OTHER TOWN OFFICIALS:
TOWN
ATTORNEY PETER GODFREY:
Create
Lighting District #58 Ransom Village Section 4E Set Public Hearing
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt
the following resolution to set a Public Hearing on March 15, 2010 at 8:00p.m.
to consider creating Lighting District #58 Ransom Village Section 4E:
WHEREAS, a petition has been filed with the Town Clerk,
signed and acknowledged in the manner required by law by a sufficient number
of property owners, together with a map, plan and report for the creation of
the Lighting District No. 58 (Ransom Village 4E); and
WHEREAS, the boundaries of the proposed district areas follows:
ALL
THAT TRACT OR PARCEL OF LAND situate
in the Town of Grand Island, County of Erie and the State of New York and also
being part of lot 79 of the Holland Land Survey so called bounded and
described as follows:
BEGINNING
at a point on the
East line of Park Lane (said Park Lane Being 70.0' feet wide) at the Southwest
corner of Sub-lot 177 as shown on a map entitled "Ransom Village Section
4D" and filed in the Erie County Clerks Office under map cover 3209.
RUNNING
THENCE S 82d59'
43" E along the South line of Sub-lot 177 aforesaid a map and measured
distance 160.00 to the Southeast corner thereof.
RUNNING
THENCE S 07d00'
17" W a distance of 141.01' feet to a angle point therein.
RUNNING
THENCE S 07d11'
04" E a distance of 359.72' feet also to the North line of "Ransom
Village Section 3" as shown on a map filed in the Erie County Clerks
Office under map cover 2310.
RUNNING
THENCE N 89d59'
51" W-along the North line of map cover 2310 aforesaid a distance of
646.25' feet to the West line of Park Lane aforesaid
RUNNING
THENCE S 00d00'
09" W along the West line of Park Lane aforesaid a distance of 400.00'
feet to the Northeast corner of Sub-lot 189 as shown on a map entitled
"Ransom Village Section 4B" and filed in the Erie County Clerks
Office under map cover 2623.
RUNNING
THENCE S 89d59'
51" E along the North line of Sub lot 189 aforesaid a map & measured
distance 184.43' to the Northwest corner thereof.
RUNNING
THENCE N 00d02'
09" W a distance of 840.01' feet to the Southwest corner of Sub-lot 228
as shown on a map entitled "Ransom Village Section 4A" aforesaid.
RUNNING
THENCE along the
South & East lines of Ransom Village Section 4A aforesaid the following
courses and distances
1.
N 89d59' 51" W a map and measured distance of 391.78' feet to a angle
point therein
2.
N 04d35' 42 " W a map and measured distance of 41.54' feet to a angle
point therein
3.
N 07d00' 17" E a map and measured distance of 26.84' feet to the
Southwest corner of Sub lot 204 as shown on map cover 3209 aforesaid
RUNNING
THENCE S 82d59' 43
" E along the South line of Sub lot 204 aforesaid a map & measured
distance of 180.00' feet to a point on the West line of Park Lane aforesaid.
RUNNING
THENCE N 67d 56'
13" W a distance of 80.17' feet, to THE POINT OR PLACE OF BEGINNING containing
10.40 +/- Acres be the same more or less.
WHEREAS, the improvements proposed consist of an electric
street lighting system serving said Ransom Village 4E, and
WHEREAS, the estimated annual expense of supplying of said
electrical street lighting is $2,119.86, with an expected annual cost to the
typical property in the proposed District (which typical property is a single
family home) of $92.17, which said expense shall be levied and collected from
the several lots and parcels of land within said Lighting District,
NOW, THEREFORE, be it ORDERED, that a meeting of the Town
Board of the Town of Grand Island will be held at the Town Hall, 2255 Baseline
Road, Grand Island, New York, on March 15, 2010 at 8:00 p.m. on said day, 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 and further action on the part of said Town
Board, with relation to the premises; and
BE IT FURTHER ORDERED, that the map, plan and report referred
to herein, including the explanation of how the cost to the typical property
was determined, may be reviewed at the office of the Town Clerk, 2255 Baseline
Road, Grand Island, New York, during normal business hours; and
BE IT FURTHER ORDERED, that the Town Clerk shall publish a
copy of this Order at least once
in the official newspaper of the Town, the first publication of which is to be
not less than ten nor more than twenty days before the date set herein for the
public hearing, and shall also cause a copy of this Order to be posted on the
sign-board of the Town maintained pursuant to Town Law
§30(6), not less than ten nor more than twenty days before the date
set herein for the public hearing.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
HIGHWAY
SUPERINTENDENT JAMES TOMKINS:
Request
Permission to Bid One New and Unused 2010 10 All Season Dump Box
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Highway Superintendent to advertise for bid for one new and
unused 2010 -10 all season dump box.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Request
Permission to Send Vehicles to Auction
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize the Highway Superintendent to place the surplus highway vehicles and
items with the Online Auctioneer, Auctions International, Inc. on March 2,
2010 at no cost to the Town.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
DEPARTMENT
OF ENGINEERING & WATER RESOURCES JOHN WHITNEY:
Sanitary
Sewer Pump Stations Auxiliary Power Wiring, M-184-09, Change Order #1
M&M
Electric Construction Co., Inc. has
submitted Change Order #1 for the above referenced project for an additional
$3,205.00 for the labor and equipment as follows:
The
Change Order would be an increase to the total contract amount.
The additional funds are available in the original bond authorization.
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
accept the recommendation of the Town Engineer and approve Change Order #1 for
Sanitary Sewer Pump Stations Auxiliary Power Wiring, Job No. M-184-09 in the
amount of $3,205.00.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Final
Plat Approval Waterford Park Subdivision, Phase 3, 23 Lots Set Public
Hearing
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a
Public Hearing for Monday,
March 15, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to
comment in favor or in opposition to Final Plat approval for Waterford Park
Subdivision, Phase 3, 23 lots.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Final
Plat Approval Country Club Cottages Subdivision, Phase 1, 26 Lots Set
Public Hearing
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a
Public Hearing for Monday,
March 15, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to
comment in favor or in opposition to Final Plat approval for Country Club
Cottages Subdivision, Phase 1, 26 lots.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Appoint
Senior Engineer Assistant
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept
the recommendation of the Town Engineer and hire Kevin Lesika, 62 Gardenwood
Lane, Tonawanda, NY 14223 as a Senior Engineer Assistant at Grade 6, $18.26
per hour on a provisional permanent basis until the requirements of Erie
County Civil Service are met. The
effective date of hire will be March 22, 2010.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
TOWN
ACCOUNTANT PAM BARTON:
2009
Year End Budget Transfers and Amendments
Town
Account Pam Barton requested approval of the following budget transfers needed
to balance each fund in preparation for the year ended 12-31-09:
General: $31,115
|
DEPT |
ACCOUNT
NAME |
ACCOUNT
NUMBER |
TRF
NEEDED |
FROM
A/C |
$ |
FROM
DIFFERENT DEPT |
EXPLANATION |
|
COURT |
REG
PAY |
001-1110-0100 |
6,720.00 |
|
|
|
PAYROLL
OVERBUDGET |
|
|
DEPT
SUPPLIES |
001-1110-0443 |
300.00 |
001-1990-0475 |
7,020.00 |
CONTINGENCY |
SUPPLIES
OVERBUDGET |
|
TOWN
CLERK |
OFC
SUPPLIES |
001-1410-0401 |
310.00 |
001-1410-0198 |
310.00 |
HEALTH
INS BONUS |
TRF
BETWEEN EXP LINES |
|
LAW
OFFICE |
LITIGATION
EXP |
001-1420-0445 |
23,415.00 |
001-1620-0407 |
23,415.00 |
SS
- UTILITIES |
OVERBUDGET |
|
NARCOTIC
GUIDANCE |
DEPT
SUPPLIES |
001-4210-0443 |
185.00 |
001-4210-0100 |
185.00 |
REG
PAY |
R.C.
FUNDS BOOKED TO REVENUE |
|
RECREATION-VET'S
PARK |
DEPT
SUPPLIES |
001-7110-0443 |
1,025.00 |
001-7110-0200 |
1,025.00 |
EQUIPMENT |
TRF
BETWEEN EXP LINES |
|
RECREATION-CELEBRATIONS |
SPECIAL
EVENTS |
001-7550-0462 |
145.00 |
001-7310-0443 |
145.00 |
DEPT
SUPPLIES |
TRF
BETWEEN DEPTS |
|
RECREATION
- ADULT REC |
REG
PAY |
001-7620-0100 |
345.00 |
001-7310-0100 |
345.00 |
REG
PAY |
TRF
BETWEEN DEPTS |
|
LIBRARY |
REP/MAIN
B&G |
001-7410-0422 |
100.00 |
001-7510-0408 |
100.00 |
HISTORIAN-DUES
& SUBS |
OVERBUDGET |
|
EMPLOYEE
BENEFITS |
UNEMP
INS |
001-9050-0800 |
2,200.00 |
|
|
|
NUMEROUS
CLAIMS |
|
|
DISABILITY |
001-9055-0800 |
370.00 |
001-9030-0800 |
2,570.00 |
SOCIAL
SECURITY |
OVERBUDGET |
|
|
|
|
|
|
|
|
|
|
|
|
|
35,115.00 |
|
35,115.00 |
|
|
Highway: $45,365
|
DEPT |
ACCOUNT
NAME |
ACCOUNT
NUMBER |
TRF
NEEDED |
FROM
A/C |
$ |
FROM
DIFFERENT DEPT |
EXPLANATION |
|
GENERAL
REPAIRS |
REGULAR
PAY |
002-5110-0100 |
5,895.00 |
002-5142-0100 |
5,895.00 |
SNOW
REMOVAL |
OVERBUDGET |
|
|
STORM
SEWER MAINT |
002-5110-0457 |
6,405.00 |
002-5142-0442 |
6,405.00 |
SNOW
REMOVAL |
OVERBUDGET |
|
MACHINERY |
REP
MAINT EQUIP |
002-5130-0421 |
17,200.00 |
002-5142-0442 |
17,200.00 |
SNOW
REMOVAL |
OVERBUDGET |
|
MISC
B & W |
REG
PAY |
002-5140-0100 |
15,865.00 |
002-5142-0100 |
15,865.00 |
SNOW
REMOVAL |
OVERBUDGET |
|
|
|
|
|
|
|
|
|
|
|
|
TOTALS |
45,365.00 |
|
45,365.00 |
|
|
Sewer: $100.00
|
DEPT |
ACCOUNT
NAME |
ACCOUNT
NUMBER |
TRF
NEEDED |
FROM
A/C |
$ |
FROM
DIFFERENT DEPT |
EXPLANATION |
|
EMP
BENEFITS |
NYS
DBL |
003-9055-0800 |
75.00 |
003-9010-0800 |
75.00 |
NYS
RETIREMENT |
OVERBUDGET |
|
INST
PURCH |
PRINCIPAL |
003-9785-0600 |
25.00 |
003-9785-0700 |
25.00 |
INTEREST |
TRF
BETWEEN EXP LINES |
|
|
|
|
|
|
|
|
|
|
|
|
TOTALS |
100.00 |
|
100.00 |
|
|
Water: $55.00
|
DEPT |
ACCOUNT
NAME |
ACCOUNT
NUMBER |
TRF
NEEDED |
FROM
A/C |
$ |
FROM
DIFFERENT DEPT |
EXPLANATION |
|
EMP
BENEFITS |
NYS
DBL |
004-9055-0800 |
30.00 |
004-9010-0800 |
30.00 |
NYS
RETIREMENT |
OVERBUDGET |
|
INSTALLMENT
PURCH |
PRINCIPAL |
004-9785-0600 |
25.00 |
004-9785-0700 |
25.00 |
INTEREST |
TRF
BETWEEN EXP LINES |
|
|
|
|
|
|
|
|
|
|
|
|
TOTALS |
55.00 |
|
55.00 |
|
|
Town
Account Pam Barton requested approval of the following budget amendment needed
to cover the expense of the Town Hall Courtroom renovation.
Increase
Town Justice-Equipment
001.1110.0200
$94,448
Increase
Appropriated Fund Balance
001.0001.9999
$94,448
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
approve the 2009 year-end budget transfers and amendments as presented.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Budget
Amendment Reality Cafι
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
approve the budget amendment for Reality Cafι in the amount of $250.00 from
unbudgeted donations from the United Way as follows:
Increase
Appropriated Fund Balance
001.0001.9999
$250.00
Increase
Narcotic Guidance Dept. Supplies
001.4210.0443
$250.00
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
ZONING
OFFICE:
Special
Use Permit Renewal Glen Wallace, North Colony Road Bed & Breakfast
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to
renew the Special Use Permit for Glen Wallace, 917 North Colony Road for a Bed
& Breakfast. The site has
been inspected and it is unchanged.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
COMMUNICATIONS
GENERAL:
Local
Law Intro #7 of 2009 Rezoning Sheridan Transit Rod & Gun Club, 551
Ransom Road, from R1-D to CR
A.
Correspondence Nell J. Mohn
B.
Correspondence Larry Playfair
C.
Correspondence Debbie S. Slater
D.
Correspondence Wayne and Joanne Riggs
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer
the correspondence from residents to the Town Board.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Terry
R. Manning, Meadow Lane Request Exception to Subdivision Regulations
Divide SBL #37.12-1-33
A
motion was made by Councilman Roesch, seconded by Councilman Crawford to refer
the request for exception to Subdivision Regulations by dividing SBL
#37.12-1-33 into two lots by Terry R. Manning of Meadow Lane to the Planning
Board for review and recommendation.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Grand
Island Commission for Conservation of the Environment Opposition to Island
Wide SEQR
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer
the correspondence from Grand Island Commission for Conservation of the
Environment to the Town Board, Engineering, Zoning Board of Appeals, Planning
Board, Economic Development Advisory Board and Parks and Recreation Advisory
Board for review and recommendation.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
Upstate
Cellular Long Road, West River/Fix Road, Veterans Park Cell Tower
Approvals
A.
Planning Board Verizon Cell Tower Site Plan Revised, Veterans
Park (Bedell Road) Sandy Beach Cell Site
B.
Correspondence RJ & Audra Wynne, Fix Road West River/Fix
Road Cell Tower Site
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
refer the correspondence from the Planning Board to the Town Board.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
A motion was
made by Councilman Roesch, seconded by Councilwoman Cooke to refer the
correspondence from RJ & Audra Wynne to the Town Board.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
REPORT
OF THE AUDIT COMMITTEE:
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers
#96990 97102
General
$36,031.29
Highway
$43,013.21
Sewer
$ 9,115.67
Water
$11,397.63
Total
$99,557.80
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
UNFINISHED
BUSINESS:
Double-D
Construction, Bedell Road Site Plan Approval/Contractors Yard
A.
Doug Learman, Code Enforcement
Officer Contractors Yard
Remains
Tabled
B.
Daniel C. Drexelius Refund
of Variance Fee
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to deny the
request for a refund of a Variance Fee because the applicant did receive an
interpretation from the Zoning Board of Appeals needed to continue work as
planned.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
SUSPENSION
OF RULES:
Local Law Intro #3/2010 Proposed Law Creating
Business Investment Exemptions Under New York Real Property Tax Law § 485-b
Set Public Hearing
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to Suspend the
Rules to consider setting a Public Hearing for Local Law Intro #3/2010 for a
proposed law creating business investment exemptions under New York Real
Property Tax Law § 485-b.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public
Hearing for Monday, March 15, 2010 at 8:00p.m. for the purpose of hearing
anyone who wants to comment in favor or in opposition to Local Law Intro
#3/2010 for a proposed law creating business investment exemptions under New
York Real Property Tax Law
§
485-b.
APPROVED Ayes
4 Cooke, Crawford,
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.
Speakers:
None
FROM THE TOWN BOARD:
Councilman
Roesch:
NYS Real Property Tax Law §485-b
Councilman
Crawford: Carbon
Monoxide Detector Law Amandas Law
Councilwoman Cooke: Corporate Bowl High
School, March 9th & 16th; South Bridge - North bound
redecking project starts Sunday, March 14th
ADJOURNMENT:
A motion was made by Councilwoman
Cooke, seconded by Councilman Crawford to adjourn the meeting at 8:28p.m.
APPROVED Ayes
4 Cooke, Crawford,
Roesch, McMahon
Noes
0
A moment of silence was observed in memory of the
following:
Richard Lazarz, Sr.
Agnes English
Vincent Watson
Scott Smith
Corwin Bell
Maud Good
Harold Smith
Thorice Welch
Joan Bodkin
Donald Deitzman
Audrey Pollock
Robert Irvin
Michaeline Reining
Respectfully
submitted,
Patricia A.
Frentzel
Town Clerk