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 November, 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

Charles Malcomb                    Town Attorney

 

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

Mr. Calvin VanderMey from Bible Fellowship Center gave the Invocation. 

Councilman Richard Crawford 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:

Mike Ludwig, 2120 Alvin Road – SitePlan/Building Expansion – Special Use Permit/Change in Use/Landscaping/Nursery/Gift Shop to Dog Kennel

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 an application for a Special Use Permit for Mike Ludwig of 1114 Meadow Lane for a change in use from a landscaping/nursery/gift shop business to a dog kennel located at 2120 Alvin Road .

         

       Speakers in Favor:                      None        

      

       Speakers in Opposition:              None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to table the Special Use Permit pending the completion of SEQR.

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

                        Noes    0

 

Local Law Intro #9 of 2010 – Proposal to Amend Language in Zoning Code,

Chapter 49 – 10 (D)(6)

      A.  Planning Board – Proposal to Amend Language in Zoning Code

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 #9 of 2010 – proposal to amend language in Zoning Code, Chapter 49 – 10 (D)(6)

      

       Speakers in Favor:                      Mike Gast, Thomas Rusert, Donald Turner, Jr., John Simon, Amos Caldwell, Charles Internicola, Kristen Internicola, William Burandt, Joe Marciano, Jack Latz, Donald Turner, III, Carol Gross, Joann Banner, Jacquie Carfley           

       Speakers in Opposition:              Glenn Wallace, David Thomas, Gary Novits, Mary Kuczynski         

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to table

Local Law Intro #9 of 2010 – Proposal to Amend Language in Zoning Code, Chapter 49 – 10 (D)(6)to allow the Town Board to review the comments received during the Public Hearing.

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

                        Noes    0

 

2011 Budget

Town of Grand Island 2011 Budget

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 the 2011 Preliminary Budget for the Town of Grand Island as presented by the Supervisor.

 

       Speakers in Favor:                                  None   

 

       Speakers in Opposition:                          Douglas Learman

                                                                        Re: Building Department Staffing

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to amend the 2011 Preliminary Budget by decreasing the General Fund in the amount of $11,834.92 to eliminate raises for Elected Officials.

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

Noes    0

 

A motion was made by Councilman Roesch, seconded by Councilman Billica to adopt the 2011 Preliminary Budget as the 2011 Budget as follows:

 

GENERAL FUND:

                        TOTAL APPROPRIATION AMOUNT:                        $ 6,653,892                                         AMOUNT TO BE RAISED BY TAXATION:                     $ 2,098,217

                        Estimated TAX RATE:                                               $ 3.053 per thousand                         

FIRE PROTECTION DISTRICT:

                        TOTAL APPROPRIATION AMOUNT                         $ 1,111,569

AMOUNT TO BE RAISED BY TAXATION:                 $ 1,109,569      

                        Estimated TAX RATE:                                               $ 1.522 per thousand                         

HIGHWAY FUND:

                        TOTAL APPROPRIATION AMOUNT:                        $ 3,012,157

                        AMOUNT TO BE RAISED BY TAXATION:                 $ 2,372,621

                        Estimated TAX RATE:                                               $ 3.452 per thousand                                     

SEWER DISTRICT FUND:

                        TOTAL APPROPRIATION AMOUNT:                        $ 3,337,433     

                        AMOUNT TO BE RAISED BY TAXATION:                 $ 980,651  

                       Estimated TAX RATE/1,000 (LAND VALUE ONLY):$ 10.49 

 

WATER DISTRICT FUND:

                        TOTAL APPROPRIATION AMOUNT:                        $ 2,870,278   

                        AMOUNT TO BE RAISED BY TAXATION:                 $ 705,591    

Estimated TAX RATE/1,000 (LAND VALUE ONLY):$ 5.784                                                

LIGHTING DISTRICT:

            TOTAL APPROPRIATION AMOUNT:                        $ 198,877   (51 districts)

                         AMOUNT TO BE RAISED BY TAXATION:                $ 178,350     

TAX RATE:                                                                  Varies by District

 

REFUSE & GARBAGE DISTRICT:

                        TOTAL APPROPRIATION AMOUNT:                        $ 1,328,116

                        AMOUNT TO BE RAISED BY TAXATION:                 $ 1,272,420

                        TAX RATE:  Flat Rate Single Family Dwelling           $           180                

                                   

DEBT SERVICE FUND:

                        TOTAL DEBT SERVICE AMOUNT:                           $ 1,269,592       

            TRANSFERS FROM OTHER FUNDS                       $ 1,064,092

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

Noes    0

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve Minutes of Workshop Meeting #67, October 12, 2010, Minutes of Workshop Meeting #68, October 15, 2010, Minutes of Workshop Meeting #69, October 18, 2010, Minutes of Workshop Meeting #70, October 18, 2010, Minutes of Regular Meeting #19, October 18, 2010, Minutes of Workshop Meeting #71,October 19, 2010, Minutes of Workshop Meeting #72, October 22, 2010, and Minutes of Workshop Meeting #73, October 25, 2010.

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

                        Noes    0

 

CONSENT AGENDA:

1.      Meeting Minutes – Board of Architectural Review – September 21, 2010

2.      Meeting Minutes – Grand Island Economic Development Advisory    Board – September 9, 2010 and October 14, 2010

3.      County of Erie Department of Environment and Planning – Community Development Block Grant Report (Cumulative) – 4/01/10-9/30/10

4.      Meeting Minutes – Grand Island Traffic Safety Advisory Board – February 9, March 9, June 8, August 3 and September 14, 2010

5.      Golden Age Center – Vehicle Usage – October 2010

A motion was made by Councilman Crawford, 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:

Authorize Supervisor to Sign – 2011 Recreational Trails Application

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor of the Town of Grand Island to file an application for funds from the New York State Office of  Parks, Recreation, and Historical Preservation in accordance with the provision of the Recreational Trails Program, in an amount not to exceed $200,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town for the development of the Scenic Woods – Bicentennial Park Trail System.

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

                        Noes    0

TOWN CLERK – PATRICIA A. FRENTZEL:

Local Law Intro #10 of 2010 – Adopt Dog Licensing Law – Set Public Hearing

A motion was made by Councilman Roesch, seconded by Councilman Billica to set a Public Hearing for Monday, November 15, 2010 at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to Local Law Intro #10/2010 – amending Chapter 12 of the Town Code to adopt a local dog licensing law.

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

                        Noes    0

 

HIGHWAY SUPERINTENDENT – JAMES TOMKINS:

Request Permission to Send Vehicles to Auction

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Highway Superintendent to put certain surplus items on an online auction at no cost to the Town, provided the Highway Superintendent contacts each Department first to see if the item can be used or if there are additional items to be auctioned.

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

                        Noes    0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Delinquent Water and Sewer Accounts for 2011 Taxroll

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to adopt the resolution from the Department of Engineering & Water Resources Department Head, John Whitney as follows:

WHEREAS, the Department Head, Department of Engineering & Water Resources did notify consumers within the respective water and sewer districts on Grand Island by having the wording “IF NOT PAID BY OCTOBER 31, ARREARS WILL BE ON TAX ROLLS” printed on water bills sent out quarterly. 

            Now therefore, be it resolved that the following approximate amount be applied to the Taxroll of 2011:

Water                                      $240,637.86

            Sewer                                      $379,759.84

            Out of District Sewer              $       502.26

            Meters                                     $    3,655.00

            Misc. Charges                         $       100.00

            Total                                        $624,654.96

                Be it further resolved, that the Town Clerk is hereby directed to accept no payments of such delinquent accounts after the said last day of October 2010.

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

                        Noes    0

 

RECREATION DIRECTOR – LINDA TUFILLARO:

Part-time Winter Hires

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Recreation Director to hire the following Part-time Recreation Attendants, effective November 4, 19 hours per week:


Chris McDonnell @$7.60 per hour

Morgan Green @$7.50 per hour

Alex Killian @$7.50 per hour

Jessica Oyer @$7.60 per hour

Victoria Kostenbauder (life guard) @$8.00 per hour

Patricia Kostenbauder (life guard stand by) @$15.00 per hour

Ben Bakula (life guard) @$8.00 per hour

Evan Shaw @$7.60 per hour

Jonathan Oyer @$7.50 per hour

Jonathan Goc (life guard) @$8.00 per hour

Andrew Donahue (life guard) @$8.00 per hour


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

                        Noes    0

 

Extend Part-time Attendants

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Recreation Director and extend employment of the following Part-time Recreation Attendants effective November 1, 2010, 19 hours per week:


Kyle Moody

Jared Billica

Kevin Buyer

Joe Wilton

Cliff Smith

Peter Pitts


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

                        Noes    0

 

ZONING OFFICE:

Special Use Permit Renewal – Joseph Higgins, 900 Ransom Road – Keeping of 3 Agricultural Animals on 4.35 Acres

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to renew the Special Use Permit for Joseph Higgins, 900 Ransom Road for keeping of 3 agricultural animals on 4.35 acres.  The site has been inspected and it is unchanged.

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

                        Noes    0

 

Special Use Permit Renewal – Richard Benz, 828 East River Road – Keeping of 3 Agricultural Animals on 4 Acres

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the Special Use Permit for Richard Benz, 828 East River Road for keeping of 3 agricultural animals on 4 acres.  The site has been inspected and it is unchanged.

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 #99261 - 99424

General    $  57,971.13     

Highway   $  26,112.02  

Sewer      $  21,981.31   

Water       $  19,681.44

Capital      $441,905.08

       Total         $567,650.98

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.

 

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

A.  Planning Board  - Rezone SBL #36.00-2-7

Remains Tabled.

 

 

 

       B.  Local Law Intro #11/2010 – Amendment of Zoning Code – Chapter 49 to Allow for Indoor Recreational Facilities in CR Zones.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, November 15, 2010 at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to Local Law Intro #11/2010 to consider amending the Zoning Code – Chapter 49 to allow for indoor recreational facilities as a permitted use in CR Zones.

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

                        Noes    0

 

Renew Building Permit – Parkland Enterprises, Inc., Ransom & Stony Point Roads – Service Station & Convenience Store

A motion was made by Councilman Crawford, seconded by Councilman Billica to renew the Building Permit for Parkland Enterprises, Inc., Ransom & Stony Point Roads – Service Station & Convenience Store for six months from November 2, 2010.

APPROVED    Ayes    4          Cooke, Crawford, Billica, McMahon

                        Noes    1          Roesch    

 

PUBLIC COMMENTS:

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

Speakers:                   Frank Burkhart, James Dinsmore 

Re: Renewing Building Permit

 

FROM THE TOWN BOARD: 

Councilman Crawford: Building Permit for Convenience Store - timetable, progress; Election Day, 11/2/10.                             

Councilwoman Cooke: Building Permit for Convenience Store; Veteran’s Day Ceremony – 11/11/10 at 11:00am - VFW; Need volunteers for Tree Planting – Saturday, 11/6/10, 9:00am, Tower Park/Carl Road .

Councilman Billica & Councilman Roesch: Building Permit for Convenience Store

Supervisor McMahon: Drive Carefully, Veteran’s Day Ceremony – 11/11/10 at 11:00am – VFW

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to adjourn the meeting at 9:02p.m.

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

                        Noes    0

 

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


    

Lyn Finney                               James DiTullio

Charles Wermuth, Jr.               Michael Panowicz

Michael Cutting                        John Achkar

Paul Harper                              Rose Reid     

Mary Parker                              Beverly Gerwitz

Beth Judson

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk