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 8:00 PM on the 1st of May 2006.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Also Present:             Raymond Dlugokinski             Highway Superintendent

                                    John Whitney                                   Town Engineer         

 

Mr. Mark Membretti from St. Stephen’s Roman Catholic Church gave the Invocation. 

Members of the Golden Age Center led the Pledge of Allegiance. 

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

 

PROCLAMATIONS:

May – Older Americans Month Recognition

The month of May has been designated as Older Americans Month.  Members of the Golden Age Center accepted proclamation honoring older Americans.

 

Town Clerk’s Week

Town Clerk’s Week is April 30th through May 6th.  Town Clerk Patricia Frentzel and her staff of deputies accepted proclamation.

 

PRIVILEGE OF THE FLOOR:

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

Residents who spoke:            Peter Kuszczak, Marilyn Wilson,

Doug Smith             Re: 1282 Stony Point Rd.

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve Minutes of Workshop Meeting #21, April 17, 2006 and Minutes of Regular Meeting #7, April 17, 2006.

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

                        Noes            0

 

PUBLIC HEARINGS:

Create Lighting District #47 – Grand Park Vue Estates Phase 4

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed creation of Lighting District #47 – Grand Park Vue Estates Phase 4.

Residents who spoke in Favor:            None

 

Residents in Opposition:            None

 

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to adopt the resolution creating Lighting District #47 as follows:

            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 Grand Park Vue Phase 4 Lighting District No. 47, 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 the first day of  May, 2006, 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 Monday May 1, 2006, 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 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 $1,998.39, 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 lots 112 & 113 and more particularly described on Schedule “A”.

This Resolution is effective immediately.  Within ten (10) days after adoption the Town Clerk shall file one certified copy of this Resolution with the State Comptroller and the Office of the Erie County Clerk.

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

                        Noes            0

 

 

Gun Creek PDD – Whitehaven Road – Preliminary Approval

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed rezoning of property on Whitehaven Road, SBL #37.02-1-3 from R1-D to PDD and approval of the Development Concept Plan.

Speakers in Favor:                          Sean Hopkins, Frank Codella, 12 residents were recognized in audience who did not speak                                 

 

Speakers in Opposition:             Denise Dewey, Dave Schnell, Tom Dewey, Orphia Casper, Bryan Kalp, Maura Rustowicz, Mary Dunbar-Daluisio, John Jones, Lucy White, Kim Tetrault, Kevin Rustowicz, Nathan Zimmerman, Eileen Murphy, Joel Moyer, Mike Kelly, 27 residents were recognized in audience who did not speak.

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the request to rezone property on Whitehaven Road, SBL #37.02-1-3 from R1-D to PDD and approval of the Development Concept Plan.and the comments from the Public Hearing to the Town Board for review and action.  The comment period will remain open for a period of time.

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

                        Noes            0

 

CONSENT AGENDA:

1.      State of New York, Department of Transportation – Niagara Residency  – 2006 Construction Program

2.      State of New York, Department of Transportation – Review of Traffic Conditions - Grand Island

3.      Loyal Order of Moose, Grand Island Lodge 180 – Thank You Letter

4.      Adelphia – 2006 Regents Review Schedule

5.      New York State Office of Parks, Recreation and Historic Preservation -  Bike Trail Connect Project – Buckhorn Island State Park

6.      County of Erie, Joel A. Giambra – Household Hazardous Waste Drop-off Day

7.      Phillips Lytle LLP – Seneca Nation, et al. v. State of New York, et al. 

8.      Wheatfield Town Supervisor – The Magical Lands of Oz – Draft Scoping Document

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

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

                        Noes            0

 

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Supervisor to Sign J. O’Connell & Assoc. 2006-2007 Contract

A motion was made by Councilman Roesch, seconded by Councilman Crawford to authorize the Supervisor to sign a contract with J. O’Connell & Associates Grant Consultants for a 20 month period May 1, 2006 through December 31, 2007.

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

                        Noes            0

 

 

 

Rezoning 1282 Stony Point Road from R1-E to R-3

A motion was made by Councilman Roesch, seconded by Councilman Crawford to refer the request to rezone 1282 Stony Point Road from R1-E to R-3 to the Town Board for review and action.

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

                        Noes            0

 

COUNCILMAN RICHARD W. CRAWFORD:

Traffic Study for Light Installation at Staley and Baseline Roads

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt a resolution to Erie County Department of Public Works, Division of Highways for permission to proceed with installation of a traffic signal at the corner of Staley and Baseline Roads as follows:

       WHEREAS, the County of Erie, Department of Public Works, Division of Highways has advised the Town of Grand Island of the need to initiate an engineering study for the intersection of Staley Road and Baseline Road in the Town of Grand Island, and has requested that the Town adopt a resolution requesting a traffic study indicating that it will abide by the findings of such study, and install and maintain traffic control devices to Erie County standards and requirements; now therefore

       BE IT RESOLVED, that the Town Board of the Town of Grand Island hereby requests the County of Erie, Department of Public Works, Division of Highways accept the traffic study conducted by the Grand Island Traffic Safety Board on the aforementioned intersection in the Town of Grand Island; and

       BE IT FURTHER RESOLVED, that the Town Board of the Town of Grand Island hereby commits to install and maintain traffic control devices to Erie County standards and requirements for the aforementioned intersection as are deemed necessary by the County of Erie traffic study for this intersection.

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

                        Noes            0

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the Bond Resolution authorizing the bonding of the traffic signal not to exceed $76,000 subject to a permissive referendum as follows:

A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND (THE “TOWN”) ADOPTED MAY 1, 2006 AUTHORIZING THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF BASELINE AND STALEY ROADS IN THE TOWN AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH, IN AN AMOUNT NOT TO EXCEED $76,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $76,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL GRANTS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

BE IT RESOLVED