Town Board - Regular Meeting

All right. So, we're all set. All set. Yep. Okay. Like to call regular meeting number 16 of the of 2025 of the town board to order and ask the clerk to read the role. Councilman Datti here. Councilman Bolito here. Councilman Kilmer here. Councilman Garcia here. Supervisor Marston

here. Uh, tonight's invocation will be led by Cornerstone Church's Pastor Matt Files and the pledge read by Councilman Kilmer. Please rise. Please pray with me. Father God, we thank you for this ability. Lord, we thank you for the structure and the government you've given us here in our country. One nation under God. Lord, we thank you for the leaders you've given us here at the town. Let us support them, encourage them any way we can. Father, let them know that they have been established in their position by you. They're accountable to you, not just us. But Father, as us as citizens, help us to live peaceibly with one another as you say in your word. Let us be slow to speak and quick to hear. Let us love one another. Let us love our neighbors as ourselves. Let us reflect your love upon others. And Lord, we ask for your wisdom as we navigate this agenda. Let us honor you with our decisions. It's in Jesus name we pray. Amen. Amen.

To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you. All set, Tom. Yep.

Okay. Um, next up, there's a proclamation, Grand Island Historical Society, 60th anniversary of saving Riverly. Uh, whereas the Grand Island Historical Society is celebrating over 60 years since inception and 60 years at Riverly Museum in Beaver Island State Park. And whereas Riverly is one of the last properties on the island to have been saved from nearly total destruction of our of our historic sites when New York State took property by an eminent domain eminent domain to establish Beaver Island and Buckhorn Parks and the connecting parkway. Now, the West River bike path and whereas Riverly was only saved because of the efforts of the group of Grand Island citizens who understood the importance of maintaining the the building because of its connection to Lewis F. Allen, the Buffalo businessman for whom Allen Street, Allentown, etc. were named and his family connection to Grover Cleveland, twice president of the United States. The house was slated for demolition and the process had begun when the group of concerned residents convinced New York State Parks to allow them to save the building and use it as a museum meeting place for Grand Island. And whereas the house was slated for demolition and the process had begun. Well, it looks like it's still one here. um when the group of concerned residents convinced New York State Parks uh to allow them to save the building and use it as museum and meeting place for Grand Island. And whereas in years of years since their efforts, the historical society formed and has become an important part of our community. Their personal labor of fundraising abilities has been instrument instrumental in the development of the museum and

interpretive center for education efforts and a place recognized by citizens as a historic area worthy of their trust when they donate documents, furniture, artifacts, etc. Visitors to Riverly come from many other communities, local, national, and international. It is recognized as a wonderful example of what what um excuse me what life would have been uh like in a rural community during the Victorian period. Now therefore be it resolved on this day 15 day of September 2025 town board of the town of Grand Island extends its congratulations and thanks to the Grand Island Historical Society for its many years of service maintaining such an important historical landmark or Grand Island. We have a proclamation with the town seal on it and all the council members have signed that. So people from the historic society can come up. Look, kids, I'm not going out there alone. Come on. Come on. right off your face.

Congratulations. assistant.

Thank you. Yes.

Historical folks, if you'd like to damoose, you're more than welcome to. Uh, next up is public comments on agenda items only. Uh, there are no public hearings tonight, but if there's anything on the agenda that you'd like to come speak about, please give us your name and uh, you have three minutes to speak on that. Okay, hearing none, we'll move on. Uh, next up is minutes to approve the minutes of workshop meeting number 24, September 2nd, 2025 and approve the minutes of regular meeting number 15, September 2nd, 2025.

So move second. Motion second. Any discussion? Roll call. Garcia. I. Datti. I. Bolita. I. Kilmer. I. Marston. Hi.

Next is a consent agenda. Uh meeting minutes for zoning board of appeals August 7th, 2025. Uh building permits issued August 2025. Meeting minutes parks and recreation advisory board June 23rd, 2025. Um Grandon Police Department calls for service July and August 2025. Uh community engagement letter um number five, meeting minutes, traffic safety advisory board, April 8th. uh June 10th and July 8th, 2025. Meeting minutes planning board August 11th, 2025. And meeting minutes of the conservation advisory board, July 24th, 2025.

Motion second. Any discussion? Second event. Who was second over there? Dan, was that you? No, I think Christian got me. Christian got it. Got it. Roll call. Daddy. Hi. Bolita. Hi. Kilmer. Hi. Garcia. Hi. Marston. Hi.

Uh, next from my office, uh, number one, Santa Club. Uh, attendees of service recognition pose. Uh, item B would be request approval to use town hall lobby or uh, oranging the island. and C would be um request approval to use gazebo in town comments 2026 annual mum sale. Uh the Zanta Club of Grand Island is seeking approval to put orange bows around the trees surrounding town hall on Saturday, November 15, 2024 and Friday to Friday, December 5th, 2025 for 10 days of recognition regarding the ending genderbased violence. The orange lighting on the gazebo was very meaningful last year. If we could offer that again, it would be appreciated. At November 7, at the November 17th town board meeting will be our annual proclamation for 16 days of activism. Zant is seeking approval to utilize town hall lobby on that evening, 6:00 p. p.m. to 7:45 p.m. for community members and businesses to pick up orange ribbons or oranging the island. The Zant Club is also seeking approval to use the gazebo in the town commons as a pickup location for their annual mum sale on Saturday, September 12th, 2026 at 10:00 a.m. to 100 p.m. In the past, we have past we provided a couple of folding tables uh to put plants on. If available, that would be much appreciated this year. An updated certificate of insurance will be provided prior to the month sale event. Motion to approve other initiatives as written. So move

second. Motion second. Any discussion? Roll call. Garcia. Hi. Bolita. Hi. Tagatti. Hi. Kilmer. Hi. Marston. Hi. Uh, next is Councilman Jose Garcia. Okay. You got it? Yes. Okay. Uh so this is uh I make a motion that uh we authorize the uh courts to uh spend up to $5,000 subject to a grant to upgrade the carpets and uh HVAC in the court area.

Second motion second. Any discussion? Okay, roll call. Wasn't that going to be for an amount not to exceed $5,000? Yes. And subject contingent to the grant being subject to grant not to exceed $5,000. Okay. And grant approval. Grant approval. Yes. Okay. Is everybody okay with that? Second. Yes. Okay. Okay. I'll read the role. Supervisor Marston, you missed a your second. He missed item. No, you missed your second item on on the agenda after I finish the New York State Division of Homeland Security. Item on your agenda after I do the roll call.

Hi, Garcia. Hi, Kilmer. Hi, Daddy. Hi, Lolita. Hi, Marston. Hi. Are we all set? Yep. This is the item from number two on your under your business, please. Homeland period. Um, yes. Yes. Okay. Correct. And I thought my thing was out of order.

Okay. I missed that one. You're right. So, we'll back up one spot. Uh New York State Division of Homeland Security and Emergency Services, DHSes, has approved our application for funding for project CY22-1024-E. The grant is for a total amount of $50,000 with no match required. These projects uh are for the procurement of forensic threat detection and response software. uh of a value of 35K multifactor authent a authentication um 10K and cyber security education and awareness um registration costs for 5K. I request authorization to com to complete the local acceptance of this contract electronically in egrant in the DHS e grants system. I guess that's from me.

Second. Did you make a motion? No, that's from my Okay, I'll make the motion. Okay, I'll second it. Peter, this doesn't need your review, does it?

Okay. Okay. Roll call. Garcia. Hi Datti. Hi Bolita. Hi Kilmer. Hi Marston. Hi. Okay, we're back on track now. I thought my agenda was on order, but it actually was looked at. Mine was on Mine was in order. I just waiting for the homeland.

I I missed the homeland thing. Got it. Uh communications from other town officials. Highway superintendent Richard W. Crawford. Um number one, request permission to sell surplus equipment at auction fall of 2025. The highway department is asking the town board for permission to sell at auction the following town owned surplus equipment. Sales will be facilitated by the internet based auction house Auctions international incorporated. It's a 2003 Sterling L85 dump truck. Motion to authorize him to auction. So moved. Second. Motion second. Any discussion?

Yeah. Anybody looking for a secondhand vehicle? [Laughter] Roll call. Garcia. Hi. Kilmer. Hi. Digatti. Hi. Belita. Hi. Marston. Hi. Next two items are for your information only. Um I wish to inform you that are that auto mechanic Mike Carlson will be retiring on September 30th. Mike has been a valued town employee for 26 years. His service and knowledge of auto mechanics and fabricating will be greatly missed. I guess the motion is in order to accept with regret and certification of appreciation. Are we doing that motion?

Yeah, we'll do a motion just because there's certificate involved. So move and Dan has a second. Motion second. Any discussion? We wish Mike all the best. He's been great for this town. He's done a lot for us for a lot of years. Uh he will be missed. Uh roll call. Digatti. Hi. Kilmer. Hi. Bolita. Hi. Garcia. Hi. Marston.

Hi. Uh next is uh for your information only. No action required. I have hired Michael Zimmerman to replace the retiring auto mechanic Mike Carlson per the ask me union contract. He will start at $3027 per hour. That is an FYI. Uh next, uh New York State Highway Law Section 284 amended agreement 2025. Uh this is the 284 amended agreement that reflects the money budgeted for general repairs and improvements for 2025. Um as you can see, it looks like he's looking for a little bit more money out of here. Motion to approve as written. Second

motion second. Any discussion? Roll call. Tagatti. Hi. Belita. I. Kilmer. I. Garcia. I. Marston. Hi. Next. From recreation supervisor Joseph Mentor. Um, the following part-time seasonal employees are no longer working for the recreation department and can be removed from payroll effective September 16th, 2025. Uh, motion to accept Joe's request with the list as written. Second. Motion second. Any discussion? Okay. Roll call. Kilmer. I. Garcia. Hi. Daddy. Hi. Bolita. Hi.

Marst. Hi. Next is from recreation supervisor uh senior citizens Jennifer Mentor. Uh item one's a status change. Uh I'll get to the nuts and bolts of it. I request to have part-time staff member Fran Molner uh recreation attendant in in transportation operations and kitchen operations to go seasonal. Fran would start Thursday, October 2nd, 2025 at her same rate of pay per hour. So move second motion and second. Any discussion? It was Jose and right. Roll call.

Garcia. Hi. Kilmer. Hi. Daddy. Hi. Belita. Hi. Marston. Hi. Uh, I'll paraphrase the next one as well. I request to have staff member Kathy Moore, recreation attendant and kitchen operations to go seasonal. Kathy would start on Thursday, October 2nd, 20 2025 at her same rate of pay per hour. So moved. Second. That was Jose. Any discussion? Roll call. Garcia. Hi. Datti. Hi. Bolita. Hi. Kilmer. Hi. Marston.

Hi. Uh, the next is from town Karen France. a budget amendment. Uh looks like we are moving money from appropriated fund balance to parks and playgrounds equipment line with a total of 19,525 and 9. Motion to approve as written. So second motion second. Any discussion? Roll call. Datti. Hi, Bolita. Hi, Kilmer. Hi, Garcia. Hi, Marston. Hi.

Uh, flip page over from code enforcement. Special use permit. Uh, Miss Soulberg, uh, 3179 West Road, bed and breakfast. It looks like the site has been inspected. Uh, the d the fees have been paid and the use is unchanged. Motion to reapply or reve uh Garcia. Any discussion? Roll call. Kilmer. Hi. Garcia. Hi. Daddy. Hi. Belita. Hi. Marston. Hi.

Uh. Item two is a special use permit renewal for Nicholas Bowman, Black Hills Farm Corp. 126 Industrial Drive. allow grazing of grazing for sheep on the solar site. Uh it looks like the site has been inspected, the use is unchanged and the fees have been paid. Motion to reapprove. Second. That was Kilmer. Any discussion? Roll call. Kilmer. Hi. Datti. Hi. Belita. Hi. Garcia. Hi. Marston.

Hi. Uh, next is a special use permit application request uh from Shiran Fox, 2933 Steelely Road, Home Occupation Professional Office. Um, it looks like uh some sort of therapist. So, motion is in order to refer this to the planning board and set a public hearing for our next meeting, which is October 6th at 8:00 p.m. So, move that be Garcia. There a second. I'll second. Second by Kilmer. Any discussion?

Roll call. Garcia. I. Kilmer. Hi. Jagatti. Hi. Belita. I. Marston. Hi. The next item from the planning board um which is uh North Baseline Properties 2055 Baseline Road site plan approval. that is pending uh county referral uh getting back to us. They are in their window right now. So motion to table. Make a motion to table. Second. Motion second. Any discussion? Roll call. Garcia. I. Lolita. Hi. Digatti. Hi. Kilmer. Hi. Marston. Hi.

Next up uh report of the audit committee. Right. I make a motion to pay the bills from the following funds. Uh from the general fund, $142,2644. From the highway fund, $9,958.72. From the sewer fund, $26,560.15. From the water fund, $13,110.88. from the capital fund $192,34920 for a total of $384,15.39. Second. Motion second. Any discussion? Roll call. Garcia. Hi. Kilmer. Hi. Jagatti.

Hi. Belita. Hi. Marston. Hi. Uh, next up we have unfinished business. Uh, Gunrete Community Wooden Path and Benches. Um, I think that's Yeah, we have to we're going to have to have some further discussion, right? Yeah, he was going to give us something else. You want it discussion? You wanted Well, they were looking to get us to prove it. But Dan sent an email suggest. Yeah. So, we need to have some sort of discussion before we can move on. So, probably back up with the developer feedback that helpful. Yes. Do we have feedback? Well, I mean, I think I heard some comments.

I think the important preliminary feedback would be if they want to do the curb cuts, we're okay with that modification to it, but it's not going to we'll make it whole. So, I mean, do do you feel comfortable giving them a call and giving them your You seem to have a strong issue, right? Amenities. I mean, there was discussion that this was a big deal when it was originally approved, parts of it, right? I wasn't a part of that. So for me to give him honest feedback, I don't have any. So neither was I. But I thought Bob was also to be continued. Yeah. But I mean generally speaking, whether they pay for it or not, I know engineering's recommendation is that those curb cuts be made so that people can safely access the park.

Absolutely. What's And what's what's the offset? I mean, aren't we looking for something if we got rid of the pathways that would I mean, the developer still contributing And that's what well those curb cups weren't on the weren't on the plan. So they would have been on the tradeoff. Yeah. So I I think it's it's something that we certainly want to get done. Do I think it completely erases the debt of the not building the trail had you not? You need a little more. So we could take that as a component of that. I think we all kind of agree. We're going to come up with an ask and get get rolling on it as they're ready to move. Well, this meeting we should have at least all of us should put in what we believe should be the ask. They're really for my Christmas list. Okay.

Yeah. I mean this way we can get this developer and this thing off of our meeting with the developer talk about it. Yeah. Invite them to the workshop and talk through options. Yep. Okay. I think that might be that guy on site. I mean I could call Frank and ask the only way to get ask him to come to the next meeting if people want to think about what we're going to ask them for. We got to have some clear answers. Jose, if you'd like to have a a standalone meeting with them with the board, we can I can certainly facilitate that. Just let me know. Let me talk to Frank if they want to have a daytime workshop, we can invite Frankelli is one of the partners with

Yeah. If maybe maybe some facetime with the board would be we could start hammering this out. Absolutely. Okay. So, we'll uh leave that under table um and to be continued. Um, item number two, local law number two of 2025, amend the chapter 407-144, the town code, agricultural animals. I believe you are still working on that, Mr. Godfrey. Is that correct? Well, we need to talk about that town board. There were some issues that somewhat worked through last time, but I think Dan and I were going to follow with Sheila. So, we're not there yet?

No. No. I I actually even Sheila and I have been playing phone tag. Mostly my fault I haven't got back. Some partial stuff going on. Understood. Understood. I'll I'll get with it tomorrow. If if you sense that there's going to be modifications to that that are material from the last draft other than just like scriber stuff, it might be more efficient to just refer back to the town board so it's not on the agenda. Then you can put the new law on. Okay. because it sounded like there might be some revisions that uh are more than just privilege stuff. So, let's go to a public hearing.

Yeah. So, I would if that's the case, if the board thinks that it wants to see more than just like a couple tiny non-s substantive tweaks, you might consider referring it back to the town board. Work with them and we'll put it back when it's ready. Yeah. Make a motion refer this back to the board. Second. Motion and second. Any discussion? I think that's right because I think there's going to be enough substantive change where it's going to be new public hearing. I think that's a good path. Roll call. Kilmer. Hi. Datti. Hi. Bolita. Hi. Garcia. Hi. Marston. Hi.

Uh, next up is public comments. This is when anybody can come to the mic and your name and you have three minutes to talk about whatever hails you. I'll cop Timberlake Thrive. Um, I attended the workshop meeting tonight and I was very encouraged that uh members of the town board um regarding the Gulf View uh properties application um have requested from the applicant um proof of financial resources to actually complete the project. This sounds like a very simple request, but apparently judging by the reaction of the applicant, it just shouldn't be so. Well, it is so because it states clearly in our master plan under section 407122 number four that a person who is applying to do something should have the financial resources to pay for it. that I was encouraged by the town board requesting this information. I was very discouraged by the reaction of the applicant. So that that being said, um I had a whole thing prepared tonight, but I think I'm just going to paraphrase. Um I think one of the issues behind this whole development um is density and that's the whole reason why we're doing this PDD which is contrary to if you go on to the New York State website under PDD it says that you basically can't do that. You cannot issue a PDD for density which adversely affects the surrounding neighborhoods and current residents. That's in the New York State. That's not

my words. That's a quote from the actual New York State PDD uh guidelines. It's also in our master plan. Paraphrases the same thing. So, I think the town board has to take a really close look at this issue of density, especially outside town center. There's no reason for it. We should be encouraging density within our town center, north, center, and south to perhaps keep some of those vacant buildings from going more vacant. That's the whole purpose behind the master plan. And so, you know, that being said, once again, I'm encouraged that there's a row of single family homes being proposed behind the current homes on Timberland. What seems to be confusion is that is being considered as a buffer. That is absolutely not true because although those homes look like they should be an R1C2 per acre, they are part of the bigger picture. They're part of a PDD which is a change in zoning which local law number two of 2016 way back then addressed this whole issue about a buffer. There's really no reason why we cannot maintain keep the current buffer that's already there. I mean, if you're purchasing a piece of property 260 ft deep and you had 80 feet behind you that shielded you from your neighbor so you don't find out what he's having for dinner, why would that not be a great marketing tool? I don't quite understand. So, that's really the protection for both the Timberlake residents and also the new residents. It's a tremendous marketing tool. What would you rather have? You know, green space or would you rather have mature trees, animals, wildlife, uh native plants, wildlife quarter,

Grand Island? Um I mean we are a climate friendly community. We promote bike paths. We promote all of this. So I really hope the town board can reconsider the current plan in front of them and reconsider strongly that a buffer is necessary to protect both the current residents on Timberlake as well as the new residents who are moving into this property. Thank you very much. Thank you.

Hank Cushing 216 Timberlink. I only have a question. Anybody got any more in updates on what's happening with Aldi's? Thank you for that. I'll answer at the end. Anything else from the public? Okay. Uh we'll start on the other side this time. Councilman Boliv,

not much. It was a great event over the weekend. Hopefully you guys went and checked out the Halloween fair that we had. I mean, it was massive. Um, it's only its second year, but it grew exponentially. So, try to support your local stuff, but outside of that, go Bills. Councilman Dei. Wow. Councilman Kilmer.

Um, some of you that have uh done your SCARS, which is a challenge to your assessment, got your school bill last week and you noticed that the adjustment to your taxes wasn't in there, the battle that you won. So, I contacted this yesterday. She said there will be another billing. So, for anyone who's watching this or wants to know, you're um if you went to court and you got a downward adjustment, you're getting another bill which it will reflect profit taxes inside that. That's it. Councilman Garcia,

I'll piggy back off on Christian Councilman Bolita. We had the antique boat show. We also had the car show at Elderwood on top of the the sneaky market which all of them were great. We're blessed. We compact a lot of things into a short period of time with our summers, but uh we've really had some nice events and I hope we continues into the fall with our wonderful weather. Okay, I guess I'm on the hook for all these now.

So, I did speak to the all these representatives last week. Uh, no new news to report other than they are still adamant to be here and they're still trying to get through the property issues that they face. Um, I asked them it was time to start looking at other properties. They said no, this is the property they want. They will just keep buzzing till they get it. Um, they felt they'd made progress, but they just have not go aligned it yet. the the opportunity for them to build the season is quickly ending, but they are hopeful to sort this all out and start this spring. I said sooner the better. Uh, okay. So, that's covered. Uh, with that, I got some relatively good news. So, a lot of you know that we've been working on building a trail which connects uh Sandywood Circle, which is a subdivision new subdivision on Hugh Road to Veterans Park. Earlier tonight, we we approved the moving the money which paid for the fencing which established our rightway in the subdivision. I got a call after I left here last Monday, two Mondays ago, right after that the island Presbyterian Church had just voted and approved to scope to sponsor the bridge purchases for the town of Grand Island. Uh, so since then I've been very busy working on all that and I got confirmation last Friday night that they have wired the money to the bridge vendors and they will be shipping and they are donating product to the town. Uh, the cost of this is in excess of $80,000. So that's quite a uh um honorarium they gave the town here and I'm really excited about that. The next uh board meeting we'll have all the paperwork to accept their donation. They've also committed to putting up to $10,000 into the trail itself to create uh two basically we're looking at two park fences and two uh um picnic tables which

are permanent which will be mounted on the trail which will be a destination or an oasis on the trail so people can stop have a lunch uh meet whatever. Um so to be continued but that's pretty exciting news as far as I'm concerned. So that's all from me. Uh, with that a motion is in order to journ adjourn tonight's meeting at 8:39. Supervisor. Yeah. With respect, would you mind adding Charlie Clerk to your memory? What's that? Would you mind adding Charlie Clerk to our memory for the Charlie Clerk? Kirk. Yeah, Charlie Kirk. Charlie Kirk. No problem.

Uh, motion is in order to adjourn tonight's meeting at 8:39. So move. Motion by Jose, second by Council Gotti. Um all those in favor say I. I. I. Opposed.

That's carried. Uh please rise. Tonight like to uh observe a moment of silence in memory of Mary Anne Sheay, Lawrence Beckon Jr. Robert Morgan and Charles Kirk. We're joined.