Minutes - January 22, 2008
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 22nd
of January 2008.
Present:
Peter A. McMahon Supervisor
Mary
S. Cooke
Councilwoman
Gary
G. Roesch
Councilman
Susan J. Argy
Councilwoman
Patricia A. Frentzel
Town Clerk
Peter C. Godfrey
Town Attorney
Excused:
Richard W. Crawford
Councilman
Supervisor Peter McMahon called the meeting to order at 8:00p.m.
Councilwoman Mary Cooke 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
HEARINGS:
Local
Law Intro #1 of 2008 – Architectural Review Advisory Board
A
public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted
to speak in favor of or in opposition to Local Law Intro #1/2008 to consider
and possibly adopt revisions to Chapter 5, Architectural Review Advisory Board
intended to streamline the Architectural Review Advisory Board processes.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to adopt
Local Law #1/2008 as follows:
SECTION
1
Revise Sections 5-2 and the first full paragraph of Section 5-3 of the
Town Code as follows:
§ 5-2
Board Created; Membership; Meetings; Records.
A.
There is hereby created an Advisory Board of Architectural Review,
which shall advise the Code Enforcement Officer for the issuing of building
permits, and shall consist of five (5) members who shall serve without
compensation. All members of the
Board shall be residents of the Town of Grand Island.
All members of the Board shall be specially qualified by reason of
training or experience in art, architecture, community planning, land
development, real estate, landscape architecture or other relevant business or
profession, or by reason of civic interest or sound judgment, to judge the
effects of a proposed building upon the desirability, property values and
development of surrounding areas. To
the extent practicable, at least one (1) member of the Board shall be a
registered architect in the State of New York.
The members of such Board shall be appointed by the Town Board, which
shall designate a Chairman thereof. Of
the members of the Board first appointed, one (1) shall hold office for the
term of one (1) year, one (1) for the term of two (2) years, one (1) for the
term of three (3) years, one for the term of four (4)years and one (1) for the
term of five (5) years from. Their
successors shall be appointed for the term of five (5) years from and after
the expiration of the terms of their predecessors in office.
If a vacancy shall occur otherwise than by expiration of term, it shall
be filled by the Town Board for the unexpired term. The Town Board shall have power to remove any member of the
Board. The Town Board shall
designate a Secretary of the Board.
B.
All meetings of the Board shall be held at the call of the Chairman and
at such other times as such Board may determine, but shall be held within
thirty-one (31) days of the date of any application for a building permit
referred to the Board as required in § 5-3 of this local law.
The Board shall have regular monthly meetings on a specified day of the
month. Three (3) members of such
Board shall constitute a quorum for the transaction of business.
All meetings of such Board shall be held at the Town Hall and shall be
open to the public. Such Board
shall keep minutes of its proceedings, showing the vote of each member upon
every question, or if absent or failing to vote, indicating such fact, and
shall also keep records of examinations and other official actions.
The Board shall have the power, subject to approval of the Town Board,
to adopt, amend and repeal rules and regulations not inconsistent with law of
this ordinance, governing its procedure and the transaction of the business,
and for the purpose of carrying into effect the standards outlined in § 5-3
of this ordinance. Every rule and
regulation, every amendment or repeal thereof and every order, requirement,
decision or determination of the Board shall immediately be filed with the
Town Clerk and in the office of the Board, which shall be at the Town Hall,
and shall be a public record.
§ 5-3.
Review of Building Permits; Factors to be Considered
Prior to
the issuance of any building permit pursuant to Chapter 8 of the Code of the
Town of Grand Island, the Code Enforcement Officer shall evaluate whether the
proposed erection or alteration, on its face and/or pursuant to the rules of
the Architectural Review Board, would implicate one or more of the
circumstances set forth in subparagraphs (A), (B) and/or (C) of this Section
5-3. In the event one or more of
the circumstances set forth in subparagraphs (A), (B) and/or (C) of this
Section 5-3 may exist, the Code Enforcement Officer shall promptly refer said
permit application to the Advisory Board of Architectural Review.
The Advisory Board of Architectural Review shall deny approval to any
application referred to it, by resolution of a simple majority of the members
present, if said Board determines that the proposed structure would be
detrimental to the desirability, property values or development of the
surrounding areas, as to provide one (1) or more of the harmful effects set
forth in § 5-1 hereof, by reason of:
A. Excessive
similarity to any other structure existing, or for which a permit has been
issued, or to any other structure included in the same permit application,
within the Surrounding Area (as defined in Section 5-3(D) in respect to one
(1) or more of the following features of exterior design and appearance:
1. Apparently
identical front or side elevations.
2. Substantially
identical size and arrangement of either doors, windows, porticos or other
openings or breaks in the elevation facing the street, including reverse
arrangement.
3. Other
significant identical features of design, such as but not limited to material,
roof line and height or other design elements, provided that a find of
excessive similarity shall state not only that such excessive similarity
exists, but that it is of such a nature as to be reasonably expected to
provoke one (1) or more of the harmful effects set forth in § 5-1 hereof.
B. Excessive dissimilarity to any other structure existing,
or for which a permit has been issued, or to any other structure included in
the same permit application, within the Surrounding Area (as defined in
Section 5-3(D)) in respect to one (1) or more of the following features:
1. Cubical
contents,
2. Gross floor
area,
3. Height of
building or height of roof, and
4. Other
significant design features such as materials or quality of architectural
design,
provided
that a finding of excessive dissimilarity shall state not only that such
excessive dissimilarity exists, but that it is of such a nature as to be
reasonably expected to provoke one (1) or more of the harmful effects set
forth in § 5-1 hereof, and that the finding is not based on personal
preference as to taste or choice of architectural style.
C. Inappropriateness in relation to the established character
of other structures in the Surrounding Area (as defined in Section 5-3(D)) in
respect to significant design features such as material or quality or
architectural design, provided that a finding of appropriateness shall state
only that such inappropriateness exists, but that it is of such a nature as to
be reasonably expected to provoke one (1) or more of the harmful effects set
forth in § 5-1 hereof, and that the finding is not based on personal
preference as to taste or choice of architectural style.
D. The
Surrounding Area as used in Sections 5-3(A), (B) and (C) shall include both
sides of the same and any intersecting streets, and as measured from the
center of the applicable structure along the center lines of the streets, (i)
in any R-1A, R-1B, R-1C, R-1D, R-1E, R-2, R-2A or R-3 Zoning District
(collectively “Residential Zoning District”), excluding Cluster
Development or Planned Development sections of Residential Zoning Districts, a
distance of up to five hundred (500) feet; or (ii) in any Cluster Development
or Planned Development District section of any Residential Zoning District, a
distance of up to three times the minimum frontage footage required for the
particular Residential Zoning District; or (iii) in any zoning district other
than a Residential Zoning District, a distance of up to two hundred fifty
(250) feet.
SECTION
2
This Local Law shall be effective immediately upon filing with the
Secretary of state pursuant to the Municipal Home Rule Law.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilwoman Argy, seconded by Councilman Roesch to adopt
the proposed rules for the Architectural Review Advisory Board as follows:
1.
All
applications for new residential buildings shall be submitted to the Advisory
Board of Architectural Review (“ARB”) for review except:
a.
Applicants
proposing new buildings in a new subdivision may elect to meet with the ARB,
upon Town Board approval of the subdivision, to propose a series of house
designs, with color and material palettes, in conformance with the Ordinance.
The ARB may issue preapprovals for these buildings provided they are
situated on the street in conformance with the Town’s Architectural Review
Law, after which the CEO may review plans and lot locations without additional
submissions to the ARB. Preapprovals by the ARB will outline conditions and
requirements deemed necessary to achieve the goals set forth in the law.
b.
High density
residential buildings, including apartment buildings, condominiums,
townhouses, etc. may also be preapproved in a manner similar to above when
they fall within a new subdivision.
2.
All
applications for additions and/or alterations to existing buildings shall be
submitted to the ARB for review except:
a.
Additions
and/or alterations having a gross area of 20% or less of the existing building
gross area may be reviewed by the CEO in accordance with the law without
submission to the ARB.
b.
Additions
and/or alterations, regardless of size, not visible from any R.O.W., the NYS
Thruway, or the Niagara River may be reviewed by the CEO in accordance with
the law without submission to the ARB.
3.
All other
applications for building permits shall be referred to the ARB unless both the
CEO and the Chairman of the ARB, in accordance with the law, determine
referral to the ARB is not required.
4.
Submissions to
the ARB shall include the following minimum documentation:
a.
All floor
plans.
b.
Elevations:
i.
Residential Buildings: All elevations that front on, abut to, or are
visible from any R.O.W, the NYS Thruway, or the Niagara River.
ii.
Non-Residential Buildings: All elevations.
iii.
Elevations shall clearly indicate all materials in both graphic and
verbal form.
c.
Non-residential
buildings shall include a palette of colors and finishes.
d.
Additional
information and samples of actual materials may be requested, if deemed
necessary by the ARB, to fully comprehend the proposed building.
e.
Incomplete or
poorly documented submissions will be tabled, and an explanation of required
additional documentation and/or clarifications will be documented by the ARB.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilman Roesch, seconded by Councilwoman Argy to approve
the Minutes of Regular Meeting #1, January 7, 2008 as distributed.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
1.
Golden Age Center – Facility Usage – December 2007
2.
Meeting Minutes – Zoning Board of Appeals – December 6, 2007
3.
Meeting Minutes – Grand Island Traffic Safety Advisory Board –
December 11, 2007
4.
Meeting Minutes – Economic Development Advisory Board – January 9,
2008
5.
United States of America, Federal Energy Regulatory Commission –
Order Approving Exhibit G Drawings
6.
Meeting Minutes – Planning Board – December 10, 2007
7.
Meeting Minutes – Town of Grand Island Safety Committee – December
6, 2007
8.
Meeting Minutes – GIFTS Executive Meeting – December 11, 2007
9.
County of Erie, Department of Environment and Planning, Division of
Planning – Public Review of 2008 Annual Action Plan
10.
Niagara River
Greenway Commission – Project Consultation and Review – Fisherman’s Park
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt
the consent agenda as distributed.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
SUPERVISOR McMAHON:
Authorize
Supervisor to Sign – Two Year Contract with J. O’Connell & Associates
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize the Supervisor to sign a two-year contract with J. O’Connell &
Associates in the amount of $32,000 per year commencing January 1, 2008.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
COUNCILWOMAN MARY S. COOKE:
Medical Care Bonus Returned to Town
Councilwoman Cooke returned the health insurance incentive
check in the amount of $2,989.30. This is for information only, no action by
the Town Board.
COMMUNICATIONS – OTHER TOWN OFFICIALS:
TOWN
CLERK – PATRICIA A. FRENTZEL:
Authorization
to Sign Lease – Postage Machine
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to table
the authorization to sign a lease for the postage machine pending further
study.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
HIGHWAY
SUPERINTENDENT – RAYMOND DLUGOKINSKI:
Request
Permission to Bid – One New and Unused 2008 9’ All Season Dump Box
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize the Highway Superintendent to bid for one new and unused 2008 9’
all season dump box as requested.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
DEPARTMENT
OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:
Authorize
Supervisor to Sign Letter of Support – Healthy Niagara:
Strategic Watershed Management and Implementation Proposal
The
Western New York Stormwater Coalition and Buffalo Niagara Riverkeepers are
seeking the Town’s support for a proposal to the Environmental Protection
Fund to promote “Healthy Niagara.”
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to
authorize the Supervisor to sign a letter of support for the Environmental
Protection Fund to fund “Healthy Niagara.”
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
Authorization
to Advertise for Bids – Overflow Retention Facility Spray Wash System &
Liner Replacement – Job #M-182
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
authorize the Town Engineer to advertise for bids for the Overflow Retention
Facility Spray Wash System & Liner Replacement – Job #M – 182 on
Friday, January 25 and open bids on February 27th at 10:00a.m.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
Award
Contract – Trailer Mounted Portable Generating System – Job #M-184
Town Engineer John Whitney reported that the bids were opened
on January 16, 2008 for a Trailer Mounted Portable Generating System Job #M
– 184. Two bids were received
from the following:
Penn Power Systems
$30,600.00
Southworth-Milton, Inc.
$34,630.00
After careful review of the bids, Mr. Whitney recommended the
low bidder, Penn Power Systems be awarded the bid in the amount of $30,600.00.
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept
Mr. Whitney’s request for low bidder Penn Power Systems to be awarded the
bid for Trailer
Mounted Portable Generating System in the amount of $30,600.00.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
TOWN
ACCOUNTANT – PAM WHITNEY:
Employee Buyback Request
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize
one employee to sell back an additional 40 hours of 2007 sick time. The total cost of the sell back is $744.40.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
RECREATION
DIRECTOR – LINDA TUFILLARO:
Lifeguard
Hires
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke authorize
the Recreation Director to hire two life guards, effective January 23, 2008 at
$7.50 per hour. The two employees
are Michael Soos and Benjamin Soos.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
PLANNING
BOARD:
Recommended
Amendments to Town Code – Section 49-211
The
recommendation from the Planning Board is that the Board needs more time to
review the agenda items before the meeting.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
approve a 10-working-day submission deadline for agenda items, effective with
the February Planning Board meeting.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
Radhe
Krishna Properties, Inc. – 3080 Grand Island Blvd. – Exception to the
Subdivision Regulations to Split Property
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept
the Planning Board’s recommendation and waive the Subdivision Regulations to
split the property into two parcels as requested.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
Commercial
Plaza – 1738 Grand Island Blvd. – Site Plan Modifications
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept
the recommendation of the Planning Board and grant approval for Site Plan
modifications with provisions that both dumpsters be screened, parking spaces
checked by the Zoning Officer and handicapped parking be scrutinized as to the
number and access into the building.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
Executive
Carpet Cleaning, Inc. – 110 Industrial Dr. – Site Plan Modifications
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept
the recommendation of the Planning Board and grant approval for the Site Plan
modifications.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
Golf
Villas at River Oaks – Exception to Subdivision Regulations; Metzger Civil
Engineering, PLLC – Request Exception to Subdivision Regulations – Golf
Villas at River Oaks, Lot No. 95
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept
the recommendation of the Planning Board and waive the Subdivision Regulations
to create Lot #95 in Golf Villas at River Oaks.
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
REPORT OF THE AUDIT COMMITTEE:
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #89186 , 89187 - 89309
General
$132,905.21
Highway
$ 19,673.83
Sewer
$ 6,435.41
Water
$ 74,610.42
Garbage
$ 93,813.37
Total
$327,438.24
APPROVED
Ayes 4
Cooke, Roesch, Argy, McMahon
Noes
0
UNFINISHED BUSINESS:
Approve Town Safety Manual
Remains
Tabled
Councilman Richard Crawford joined the meeting at
8:24p.m.
SUSPEND
THE RULES:
Noes
0
Appointments
– Part-time Police Officers
A
motion was made by Councilman Roesch, seconded by Councilwoman Argy to appoint
Peter N. Sukmanowski and Thomas C. Dewey II as part-time police officers,
effective August 7, 2006, to work not more than 19 hours per week as scheduled
by the police commissioner.
Noes
0
PUBLIC COMMENTS:
This is
an opportunity for residents to comment on any matter regarding Town
government on any subject.
Speakers:
Alice
Gerard Re:
Bus Shelters
FROM THE TOWN BOARD:
Councilwoman
Cooke:
Conservation Commission change in meeting dates – Starting April, the
meetings will be on the second Thursday
Workshop at 7:00p.m. on 1/31/08 – DOT – Information
meeting for a roundabout at Staley and Grand Island Blvd.
Councilwoman
Argy: Time
involved in ARB Local Law and procedures and rules decisions
Councilman
Roesch: Safety
Manual still on table, Rotary Chili Dinner – 2/2/08 at the Buffalo Launch
Club
Councilman Crawford: Great job to Highway crew for snow
removal
ADJOURNMENT:
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke
to adjourn the meeting at 8:30p.m.
Noes
0
A moment of silence was observed in memory of the following:
June Byron
Eileen Sweeney
Thomas Kuczynski
Regina Gicewicz
Mary Ognibene
Thomas Grycel
Jerome Funk
Respectfully
submitted,
Patricia
A. Frentzel
Town
Clerk