Minutes - March 16, 2009

 

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 16th of March, 2009.

 

Present:                      Peter A. McMahon                Supervisor

Mary S. Cooke                        Councilwoman

Richard W. Crawford                         Councilman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

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

Reverend David Nitkowksi from New Apostolic Church 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 Hearing – Local Law Intro #2 of 2009 – Rezoning of Business Districts

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to proposed Local Law Intro #2 of 2009 – Rezoning of Business Districts.

           

              Speakers in Favor:                 None 

               

           Speakers in Opposition:             Tim Wellence, Colleen Huff, John Simon, Terry Swain, Stephan Kovachs, Bob Saj, Martin Graves            

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer Local Law Intro #2 of 2009 to the Long Range Planning Committee for review and to accept written comments until 5:00p.m. on March 25, 2009.

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

         Noes            0

 

APPROVAL OF MINUTES:

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #14, March 2, 2009, Minutes of Regular Meeting #4, March 2, 2009, Minutes of Workshop Meeting #15, March 4, 2009, Minutes of Workshop Meeting #16, March 9, 2009, and Minutes of Workshop Meeting #17, March 11, 2009.

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

         Noes            0

 

CONSENT AGENDA:

1.      Golden Age Center – Facility Usage – February 2009

2.      Golden Age Center – Vehicle Usage – February 2009

3.      Building Permits Issued – February 2009

4.      County of Erie, County Executive – Erie County Community Development Block Grant (CDBG) Program

5.      Erie County Industrial Development Agency – 2009 APP Pharmaceuticals, LLC Project

6.      Meeting Minutes – Long Range Planning Committee – November 19, 2008

7.      Meeting Minutes – Town of Grand Island Safety Committee – January 8, 2009

8.      County of Erie, Comptroller – 2008 Tax Cancellations and Refunds, Grand Island Fire Protection

9.      Meeting Minutes – Planning Board – February 9, 2009

10.  Meeting Minutes – Zoning Board of Appeals – February 5, 2009

11.  County of Erie, Comptroller – 2008 Tax Cancellations and Refunds, Town Expenditures

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

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

         Noes            0

 

COMMUNICATIONS –TOWN BOARD:

COUNCILMAN GARY G. ROESCH:

Authorize Supervisor to Sign Contract – One Communications 

A motion was made by Councilman Roesch, seconded by Councilman Crawford to authorize the Supervisor to sign the contract with One Communications subject to the approval of the Town Attorney.

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

         Noes            0

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL:

Resolution in Opposition to Sections 26 through 28, of S.56/A. 156, of the NYS Governor’s Bill

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to adopt the following resolution in opposition to Sections 26 through 28, of S.56/A. 156, of the NYS Governor’s Bill:

 

WHEREAS, Part NN, Sections 26 through 28, of S.56/A.156, Public

Protection and General Government Article VII of the Governor’s Budget Bill will permit a Town Board to convert the office of Town Clerk and Highway Superintendent from an elected to appointed position, subject to a permissive referendum, and

 

WHEREAS, Municipal Home Rule Law '23(e) already provides that a town may adopt a local law changing the office of Town Clerk and Highway Superintendent from an elected to appointed position, and Municipal Home Rule already requires a mandatory referendum to occur before any change in an elected office could occur, and

 

WHEREAS, a permissive referendum is a cumbersome, inefficient and time consuming process, and

 

WHEREAS, there is no cost efficiency in an appointed position versus an elected position because the duties and overhead are the same;

 

NOW, THEREFORE, BE IT

RESOLVED, that in the interest of its residents and good, efficient, cost effective government the Town Board of the Town of Grand Island is opposed to Part NN, Sections 26 through 28, of S.56/A.156, Public Protection and General Government Article VII of the NYS Governor's Bill, and

 

BE IT FURTHER

RESOLVED that the Town of Grand Island appeals to its State Officials to oppose to Part NN, Sections 26 through 28, of S.56/A.156, Public Protection and General Government Article VII of the NYS Governor's Bill to convert the Office of the Town Clerk and Highway Superintendent from an elected to an appointed position and requests that a copy of this resolution be forwarded to Governor David Paterson, and the Western New York delegation of the New York State Senate & Assembly, the Honorable Sheldon Silver and the Honorable Malcolm Smith.

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

         Noes            0

 

PLANNING BOARD:

Local Law Intro #1 of 2009 – Moratorium on Ponds

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer Local Law Intro #1 of 2009 – Moratorium on Ponds to the Town Board for discussion at a Workshop on March 18, 2009.

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

         Noes            0

 

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to pay

Vouchers #93542 – 93674

General   $ 64,639.06         

Highway   $ 33,120.77    

Sewer   $ 30,366.57   

Water   $ 21,083.16    

 Capital          $ 33,704.06

 Garbage                  $107,242.15 

 Total                  $290,155.77

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

         Noes            0

 

UNFINISHED BUSINESS:

Upstate Cellular, Long Road – Site Plan Approval – Cell Tower

Remains Tabled

 

KeyCorp – Proposed Key Bank – Site Plan Review

Remains Tabled

 

Golf Course Villas at River Oaks, Phase 3, (21 Lots) – Final Plat Approval

Remains Tabled

 

Appointment – Cable/Communications Committee

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the appointment to the Cable/Communications Committee to the Town Board.

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

         Noes            0

Appointment – Parks & Recreation Advisory Board

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to refer the appointment to the Parks & Recreation Advisory Board to the Town Board.

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

         Noes            0

 

PUBLIC COMMENTS:

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

    

       Speakers:             Stephan Kovachs 

                                                            Re:  Pond Moratorium

 

FROM THE TOWN BOARD: 

Councilwoman Cooke: Library Long Range Planning Meetings, Used Book Sale – March 27th & 28th, 2009

Councilman Roesch: Pond Moratorium

Councilwoman Argy: Spring weather has arrived, be careful on streets with children playing

Councilman Crawford: Lions Club Spaghetti Dinner – Monday, March 30th – Holiday Inn

Supervisor McMahon: Corporate Bowl Finals – Tuesday, March 17, 2009

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 8:29p.m.

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

         Noes            0

 

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

 

Carlo Verbanic

Edna O’Connor

Arthur Wyckoff, Jr.

James Pasko

Thomas Johnson

    Catherine Diringer

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk