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 21st of June, 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 C. Godfrey                          Town Attorney

 

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

Reverend Kevin Backus from Bible Presbyterian Church gave the Invocation. 

Councilwoman Mary Cooke led the Pledge of Allegiance. 

 

PROCLAMATION:

Colonel David J. Conboy – Promotion to Brigadier General         

 

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 #5 of 2010 -  No Parking Signs – Colonial/Driftwood Playground

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 #5/2010 – No Parking Signs at the entrance to Colonial/Driftwood Playground.

         

       Speakers in Favor:                      None                   

         

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt Local Law #6/2010 – No Parking Signs at the entrance to Colonial/Driftwood Playground.

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

                        Noes            0

 

APPROVAL OF MINUTES:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #34, June 2, 2010. Minutes of Workshop Meeting #35, June 7, 2010 and Minutes of Regular Meeting #10, June 7, 2010.

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

                        Noes            0

 

CONSENT AGENDA:

1.      Meeting Minutes – Zoning Board of Appeals – May 6, 2010

2.      Meeting Minutes – Grand Island Traffic Safety Advisory Board – April 13, 2010 & May 11, 2010

3.      Meeting Minutes – Grand Island Economic Development Advisory    Board – May 13, 2010

4.      Time Warner Cable – Developments Affecting Time Warner Cable Subscribers in Grand Island

5.      Meeting Minutes – Long Range Planning Committee – April 22, 2010

6.      Meeting Minutes – Planning Board – April 12, 2010

7.      Meeting Minutes – Board of Architectural Review – May 18, 2010

8.      Grand Island Memorial Library – 2009 Annual Report

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

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

                        Noes            0

 

 

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Refund of Escrow Funds – John Yensan – 6th Street Mining Overlay District

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refund the escrow funds in the amount $20,000 which was held in trust to insure the construction of the primary use following a permitted accessory use.

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

                   Noes       0

 

Monthly Supervisor’s Report – May 2010

The Supervisor reported a cash balance of $650,786 on May 1, 2010

Total Receipts of $942,197

Total Disbursements of $1,076,487

Operating A/C Interest $48

Operating A/C Balance $516,544

Investment Interest $3,354

Investment Balance $9,219,858

Total Cash Balance as of May 31, 2010 $9,736,403

No action required by Town Board.

 

 

Fisherman’s Landing – Schedule Public Information Meeting

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a Public Information Meeting including public notice on Wednesday, July 7, 2010 at 7:00p.m. at Grand Island Town Hall for the purpose of getting input on the Fisherman’s Landing project.

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

                        Noes            0

 

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL:

Regulation on Reporting for Elected or Appointed Officials

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the Standard Work Day and Reporting Resolution for the Town of Grand Island, to post the resolution on the Town’s website for 30 days and to send a certified copy of the resolution to the Office of the State Comptroller within 45 days of the adoption of the resolution.

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

                        Noes            0

 

TOWN ATTORNEY – PETER GODFREY:

Waterford Park – Phase III – Road Dedication

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt the following resolution and consent of the Town Board for the road dedication for Waterford Park – Phase III:

Upon submission of the annexed deed of dedication of Isle Landings, LLC, dedicating and releasing the necessary lands for proposed town highways 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 part of Waterford Park; 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 part of Waterford Park, 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 Waterford Park, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorney for Isle Landings, LLC, or his 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.

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

                        Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Site Plan Re-Approval – Life Technologies, 3175 Staley Road

A Site Plan was originally approved on April 20, 2009 for the construction of an on-site wastewater treatment facility.  The applicant did not obtain building permits relating to this approval within the specified 1-year time limit, and has also reduced the overall size of the proposed building housing the facility.  The Assistant Engineer reviewed the proposal and the Site Plan application fees have been paid.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Assistant Town Engineer and re-approve the Site Plan for Life Technologies for a wastewater treatment facility.

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

                        Noes            0

 

Renew Bid – Liquid Sludge Hauling 2008

On April 7, 2008, the Town Board awarded the Liquid Sludge Hauling contract to Ball Toilet & Septic Services for $ 0.04799 / gallon for a two-year term.  Article 2.4.17 of the contract states that at the end of the two years “at the option of the Grand Island Town Board, the bid may be extended for up to two additional years provided the bid price is extended.”

Ball Toilet & Septic Services has agreed to extend their bid price of $ 0.04799 / gallon for an additional two year term.

A motion was made by Councilman Crawford, seconded by Councilman Billica to accept the recommendation of the Town Engineer and authorize the Town Engineer to sign the contract with Ball Toilet & Septic Services to provide pumping and hauling of liquid sludge for $ 0.04799 / gallon be extended until April 30, 2012.

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

                        Noes            0

 

Award Contract – Grand Island Safe Routes to School Project – Project No. M-193

Town Engineer John Whitney reported that on April 29, 2009, the following bids were received for Grand Island Safe Routes to School Project:

 

Custom Topsoil, Inc.                            $  89,679.99

NFP & Sons, Inc.                              $104,512.14

Scott Lawn Yard, Inc.                              $106,629.55

Campobello Construction Co., Inc.            $110,447.30

 

The NYSDOT has reviewed the Award Package submitted by the Town and determined that the low bidder Custom Topsoil, Inc., submitted a fair and reasonable bid and that the contract should be awarded in a timely manner in the amount of $89,679.99.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and award the bid to Custom Topsoil, Inc., in the amount of $89,679.99.

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

                        Noes            0

 

M. J. Mechanical – Renew HVAC Preventive Maintenance Contract  Grand Island Town Hall

The current contract for the Town Hall HVAC preventive maintenance expired on April 30, 2010.  The rate for preventive maintenance inspections and the service contract is $3,984.00. The hourly rate for emergency service is 18% below the Street Rate (Street Rate is currently $79.00 per hour).  There will be a truck/mileage charge of $40 per call.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept the recommendation of the Town Engineer and renew the contract with M.J. Mechanical for the Town Hall HVAC preventive maintenance in the amount of $3,984.00.

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

                        Noes            0

 

M. J. Mechanical – Renew HVAC Preventive Maintenance Contract  Library and Parks Building

The current contract for the Library and Parks Building HVAC preventive maintenance expires on September 1, 2010.  The rate for preventive maintenance inspections and the service contract is $2,150.00. The hourly rate for emergency service is 15% below the Street Rate (Street Rate is currently $79.00 per hour).  There will be a truck/mileage charge of $40 per call.

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to accept the recommendation of the Town Engineer and renew the contract with M.J. Mechanical for the Library and Parks Building HVAC preventive maintenance in the amount of $2,150.00.

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

                        Noes            0

 

ZONING OFFICE:

Special Use Permit Application – Jan Symon, 873 Amy Drive – Dog Grooming Business – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to set a Public Hearing for Tuesday, July 6, 2010 at 8:00p.m. for the purpose of  hearing anyone who wants to comment in favor or in opposition to a Special Use Permit Application from Jan Symon, 873 Amy Drive to have a dog grooming business in a residential home.

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

                        Noes            0

 

 

PLANNING BOARD:

Whitehaven Farms/Part of River Oaks/Proposed PDD – Revised Concept Development Plan – Set Public Hearing

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public Hearing for Tuesday, July 6, 2010 at 8:00p.m. for the purpose of hearing for the  hearing anyone who wants to comment in favor or in opposition to the proposed PDD – Whitehaven Farms – west of Golf Course Villas.

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

                        Noes            0

 

Sandra L. Merletti, 2107 West River Road – Request Exception to Subdivision Regulations – Transfer Between SBL #49.12-1-2.11 and SBL #49.12-1-3.11

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and deny the request for Exception to Subdivision Regulations for the transfer between SBL #49.12-1-2.11 and SBL #49.12-1-3.11 based on the failure to meet the Town’s current zoning code.  The applicant should seek action through the Zoning Board of Appeals.

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

                        Noes            0

 

Harold and Kay Tyson, 62 Countryside Lane – Request to Sell Corner of Landlocked Property

A motion was made by Councilman Crawford, seconded by Councilman Billica to accept the recommendation of the Planning Board and approve the sale of landlocked property to the owner of 96 Oakridge for the purpose of fencing his backyard, subject to the 15’ private drainage easement.

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

                        Noes            0

 

Mighty Taco Restaurant with Drive-Thru Window, 2455 Grand Island Boulevard – Site Plan Application

A motion was made by Councilman Roesch, seconded by Councilman Billica to table the Site Plan approval for 2455 Grand Island Boulevard and set a Public Hearing for Tuesday, July 6, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to rezoning the property to permit a drive-thru window and to permit a Special Use for the drive-thru.

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

                        Noes            0

 

COMMUNICATIONS – GENERAL: 

Linda J. Velarde – Block Party – Wallace Drive, Saturday, July 10, 2010 – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Tuesday, July 6, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to the closing of Wallace Drive between South Park and Huth Road on July 10, 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 #98006 – 98158

General                 $ 53,286.36

Highway                 $ 11,495.75 

Sewer                 $ 11,015.08  

Water                 $   5,968.48 

Capital      $ 49,238.40

       Total       $131,004.07

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

Councilwoman Cooke:  Annual Report of Library – on file in Town Hall; Gazebo Concerts start Thursday, July 1st – Tuesdays after that; 4th of July Parade/Race – Saturday, July 3rd

Councilman Billica:  SEQRs and process

Councilman Roesch:  KidzBiz – Saturday, June 26th – Town Common

Supervisor McMahon:  Fireworks – Sunday, July 4th – Dusk over Fantasy Island

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to adjourn the meeting at 8:28p.m.

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

                        Noes            0

 

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


 


Paul Taefi                                                 Walter Colley

Donald Olson                                            Doris Krehan


 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk