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 6th of December
2004.
Present:
Peter A. McMahon Supervisor
Mary S. Cooke
Councilwoman
Richard W. Crawford
Councilman
Daniel F. Robillard
Councilman
Gary G. Roesch
Councilman
Patricia A. Frentzel
Town Clerk
Peter
Godfrey
Town Attorney
Also
Present:
Ray Dlugokinski
Highway
Superintendent
John
Whitney
Town Engineer
Pastoral Associate Mark Membretti from St. Stephen Church gave the Invocation.
Councilman
Daniel Robillard led the Pledge of Allegiance.
Supervisor
McMahon called the meeting to order at 8:00PM.
PROCLAMATIONS:
The Town Board presented a proclamation to members
of the Viking Girls Varsity Soccer Team and their coaches for their outstanding
season. The Town Board presented
another proclamation to Casey Dahlstrom on the occasion of achieving the rank of
Eagle Scout.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents
who spoke:
Kristine
Lavango, 2591 Love Rd.
Re: Planning Board Agendas
Donna
Tomkins, 80 Bishops Gate
Re: Bishops Gate Walkway
Doug
Smith, 111 Hennepin
Re: Rezoning 1282 Stony Point Rd.
Kim
Tetreault, 50 Bluejay Lane
Re: Zoning Amendments, Planning Board
Agendas and FOIL Requests
Beth
Boron, 120 Bishops Gate
Re: Bishops Gate Walkway
Frank Burkhart, 1406 Ransom Rd. Re: Bishops Gate Walkway
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to
approve Minutes
of Workshop Meeting #49, November 8, 2004, Minutes of Workshop Meeting #50,
November 10, 2004, Minutes of Workshop Meeting#51, November 15, 2005 and Minutes
of Regular Meeting #21, November 15, 2004
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
PUBLIC
HEARING: 8:00PM
Installation
of Stop Signs
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 installation of signs in the following locations: Stop sign on the southwest corner of Briarwood at River Oaks, a No Outlet sign on Briarwood, a new Stop sign on the northwest corner of Sandra at Park Lane, a Stop sign at the southeast corner of Sandra at Laurie Lane, a Dead End sign on the west side of Park Lane at the intersection of Sandra, a Dead End sign at the end of Park
Lane at the turn around and a 3 way Stop sign at Bonnywoods Crossing and Forest Creek.
Speakers in
favor: None
Speakers
opposed: None
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to approve
the installation of the signs as noted above.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Set
Water & Sewer Rents for 2005
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 adopting a resolution of the Town
of Grand Island to set sewer rents in the Consolidated Sanitary Sewer District
for 2005 at $4.20 per 1000 gallons of water usage and to set water rates at
$2.70 per 1000 gallons of water.
Speakers in
favor: None
Speakers
opposed: None
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve
the 2005 Consolidated Sanitary Sewer District rates at $4.20 per 1000 gallons of
water usage and to set water rates at $2.70 per 1000 gallons of water.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Christine
Weaver – Rezone Vacant Lot 25.05-2-9.2 on East River Road from B-2 to R-1B
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 rezoning vacant lot SBL
25.05-2-9.2 on East River from B-2 to R-1B.
Speakers in
favor:
Christine Weaver, 403 White Oak Lane
Letter
from Dan & Lela Mancuso, 4094 East River Rd.
Speakers opposed:
Richard Piccolo, 4144 East River Rd. Letter was submitted as well by same
resident prior to meeting date.
Seth
Hibbert of Getman & Biryla, attorney for Patrick Thompson Re: Resident is in
opposition of moving paper street, not opposed to rezoning.
A motion was
made by Councilman Roesch, seconded by Councilman Robillard to refer the request
to the Town Attorney and to the Planning Board again to review the comments made
by the residents for review and recommendation.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Local
Law Intro #4/2004 - Zoning Code Amendments
A
public hearing was held at 8:00 P.M. for purpose of hearing anyone who to make
comments in favor of or in opposition of
Speakers in
favor: None
Speakers opposed:
Andrew Chatterton, 2708 Stony Pt. Rd.
Frank
Burkhart, 1406 Ransom Rd.
Kristine
Lavango, 2591 Love Rd.
Kim
Tetreault, 50 Bluejay Ln.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to Table
the adoption of Local Law Intro #4/2004 – Zoning Code Amendments.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
1.
Erie County Industrial Development Agency – Notice of
Public Hearing – 2004 American Pharmaceutical Partners, Inc. Project
2.
O’Connell & Associates – Erie County Community
Development Block Grant Program
3.
County of Erie, Office of the District Attorney – Comments
on County Executive’s Proposed Budget
4.
Meeting Minutes – Economic Development Advisory Board –
November 17, 2004
5.
Meeting Minutes – Community Enrichment Council – November 16, 2004
6.
Grand Island Jr. Vikings Football, Inc. – Thank You Letter
7.
State of New York, Office for Technology – Extension of
Public Comment Period on the Draft Generic Environment Impact Statement
8.
County of Erie, Department of Health Environmental Health
Wellness – Health Department Service Cuts, Impact of Proposed County
Budget, November 2004
9.
Association of Erie County Governments – Request to Write
Letter to Governor Pataki Concerning Court Fees
10.
Golden Age Center – Vehicle Usage – November 2004
11.
Building Permits – November 2004
12.
State of New York – Office of Real Property Services –
Status of Activities Through
November 23,2004
13. Meeting Minutes – Youth Advisory Board – October 7, 2004
A motion was made by Councilman Robillard, seconded by Councilman Crawford to approve the consent agenda as distributed.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SUPERVISOR McMAHON:
October
2004 Supervisor’s Report
The
Supervisor reported a cash balance of $49,878 on October 1, 2004
Total
Receipts of $1,308,616
Total
Disbursements of $1,248,780
Operating
A/C Balance $109,714
Investment
Interest $4,413
Investment
Balance $2,953,510
Total
Cash Balance as of October 31, 2004 $3,063,225
No
action required by Town Board.
November
2004 Supervisor’s Report
The
Supervisor reported a cash balance of $109,714 on November 1, 2004
Total
Receipts of $1,139,371
Total
Disbursements of $1,188,049
Operating
A/C Balance $61,215
Investment
Interest $4,541
Investment
Balance $2,983,037
Total
Cash Balance as of November 30, 2004 $3,044,251
No
action required by Town Board.
State
of New York Legislature – Resolution to Support “Albany Can You Hear Us
Now?”
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt
the following resolution on Medicaid Reform and distribute a certified copy to
the Governor and State Legislators.
WHEREAS, every city, town and village has felt and will continue to
suffer from the effects of rising Medicaid costs if New York State does not
supply relief, and
WHEREAS, today, Medicaid costs federal, state and local governments in
the United States almost $250 billion and enrolls 47 million clients nationwide,
making it the largest expenditure in most state budgets, and
WHEREAS, New York State has the highest percentage of eligible residents
enrolled in Medicaid in the nation, and
WHEREAS, New York State will spend an estimated $36 billion or the
equivalent of almost $2,000 per every state resident in 2004, and
WHEREAS, in New York State, $9,000, per recipient is spent on health
care, which is twice as much as California, which spends $4,400 per recipient
and more than three times the $2,300 per recipient spent by Texas, and
WHEREAS, every city, town and village in Erie County has Medicaid
recipients, with one out of eight Erie County residents or more than 110,000
total enrolled in the program, and
WHEREAS, the massive expansion in the mandated cost of Medicaid from
$143.1 million in 2002 to a projected $198 million in 2005, is bankrupting Erie
County, and
WHEREAS, Erie County has no choice, but to fund approximately one-quarter
of the Medicaid program, and
WHEREAS, in 2005, every single dollar of Erie County’s property tax
levy along with an additional $55 million from other sources will be spent on
the local share of the Medicaid program, and
WHEREAS, the tremendous cost of Medicaid will assure the end of all other
non-mandated county services in 2005, if New York State doesn’t cut the
county’s local share contribution, and
WHEREAS, the impact on city, town and village residents will be
devastating, with the loss of sheriff patrols, district attorneys, probation
officers, road repair units, snow plows, cultural and public benefit agencies,
and
WHEREAS, without Medicaid relief it will be the end of our cities, towns
and villages as we know them,
NOW, THEREFORE, BE IT
RESOLVED, that the Erie County Legislature supports any and all efforts
by New York State to implement Medicaid reform that will bring savings to local
municipalities, and be it further
RESOLVED, that this Honorable Body asks all city, town and village
leaders to join “Albany Can You Hear Us Now?” which is demanding that New
York State provide needed Medicaid reform that will assure Erie County’s
ability to provide public safety and quality of life programs and initiatives,
and be It further
RESOLVED, that this Honorable Body implores all city, town and village
leaders to pass a resolution asking New York State to pass meaningful Medicaid
reform that will provide needed mandate relief to local municipalities, and
RESOLVED, that certified copies of this resolution be sent to Governor
Pataki, Assembly Speaker Silver, Senate Majority Leader Bruno, Assembly Majority
Leader Tokasz, the local delegation to the New York State Legislature.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
COMMUNICATIONS – OTHER OFFICIALS:
TOWN
CLERK – PATRICIA A. FRENTZEL:
Special
Use Permit Renewal – Michael & Judith Schneider – 1952 Harvey Road –
Keeping of 3 Horses on 6.02 acres
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to renew
the Special Use Permit for Michael & Judith Schneider, 1952 Harvey Road for
the keeping of 3 Horses on 6.02 acres. The
property has been inspected and it is unchanged.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Special Use Permit Application – Glenn Wallace
– 917 North Colony – Bed & Breakfast – Set Public Hearing
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to set
a
public hearing for Monday December 20, 2004 at 8:00pm for the purpose of hearing
anyone
who wishes to comment in favor of or against the proposed Bed & Breakfast
request of Glenn Wallace, 917 North Colony Rd.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
TOWN
ATTORNEY - PETER GODFREY:
Road
Dedication – Part of Park Place Phase 5, South Part
In the
matter of the laying out of a certain town highway in the Town of Grand Island,
County of Erie and State of New York to be known as part of Park Place (Phase 5,
South Part)
Upon submission of the annexed deed of dedication of Smith Ventures,
L.P., dedicating and releasing the necessary lands for a proposed town highway
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 Park Place, 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 laying out the
aforesaid town highways, the Town Highways to consist of the lands described in
the deed of dedication, subject to the approvals of the Town Engineer 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, the Town Board hereby accepts the annexed deed of dedication, provided
it is filed by the attorney for Smith Ventures, L.P., 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.
A motion was
made by Councilman Crawford, seconded by Councilwoman Cooke to approve the road
dedication subject to the approval of the Town Attorney, Town Engineer and
Highway Superintendent.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Resolution Accepting Turnaround, Storm Drainage
Easements, and Sanitary Sewer Easements for Park Place Subdivision, South Park
of Phase 5
In the
matter of the laying out of a certain town highway in the Town of Grand Island,
County of
Erie, State of New York, to be known as Park Place (South Part of Phase 5)
WHEREAS, Smith Ventures, L.P. has offered for dedication lands for a
proposed town highway known as Park Place (as shown on map filed under Cover No.
3215), and
WHEREAS
the plans submitted by Smith Ventures, L.P. in connection with such proposed
town highways include turnaround easements, storm drainage easements, and
sanitary sewer easements in favor of the Town of Grand Island; and
WHEREAS,
Smith Ventures, L.P. has offered such turnaround easements storm drainage
easements, and sanitary sewer easement to the Town of Grand Island;
NOW THEREFORE, BE IT RESOLVED, subject to the approval of the attorneys
for the Town, the Town Board does hereby accept from Smith Ventures, L.P. the
owner of Park Place Subdivision, the East End Turnaround Easement annexed hereto
as Attachment A, provided it is filed by the attorney for Smith Ventures, L.P.,
or its 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.
AND
BE IT FURTHER RESOLVED, that subject to the approval of the attorneys for the
Town, the Town Board does hereby accept from Smith Ventures, L.P., the owner of
Park Place Subdivision, various storm drainage easements as follows:-
-a
15 foot wide storm sewer easement running along the westerly line of Subdivision
Lot 57 and the northerly lines of Subdivision Lots 57, 58 and 59, as shown on
Map filed in the Erie County Clerk’s Office under Cover No. 3215;
-part
of a 20 foot wide storm sewer easement running along the easterly of Subdivision
Lot 7 as shown on Map filed in the Erie County Clerk’s Office under Cover No.
3215;
-a
15 foot wide storm sewer easement running along the southerly lines of
Subdivision Lots 1 through 7 as shown on Map filed in the Erie County Clerk’s
Office under Cover No.3215;
-a
20 foot wide storm sewer easement running along the easterly line of the
Subdivision Lot 2 and the westerly line of Subdivision Lot 3 as shown as Map
filed in the Erie County Clerk’s Office under Cover No. 3215.
AND BE IT
FURTHER RESOLVED, that subject to the approval of the attorneys for the Town,
the Town Board does hereby accept from Smith Ventures, L.P., the owner of Park
Place Subdivision, various sanitary sewer easements as follows:
-a
10 foot wide sanitary sewer easement along the northerly line of Subdivision Lot
2 and 3, as shown on Map filed in the Erie County Clerk’s Office under Cover
No.3215;
AND BE IT
FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town,
the Supervisor is authorized and directed to exercise said easements.
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to
accept the Turnaround subject to the approval of the Town Attorney
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
TOWN
ENGINEER – JOHN WHITNEY:
Award
Bid - Golden Age Center Vestibule - Job M-173
Town
Engineer John Whitney reported that he had opened the bids on November 3, 2004
for Golden Age Center Vestibule. One bid was received from the following:
Ackerman
Mechanical Services, Inc. - $43,942.00
After
careful review of the bids, Town Engineer John Whitney recommended that all bids
received on November 3, 2004 be rejected since the amount is significantly
higher than the project budget.
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to reject
the bid received on November 3, 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Subsequently
the Town Engineer solicited written quotes from various local contractors and
received the following quotations:
J.R.
Tripi Building & Remodeling Co. - $17,500.00
DMS
Buffalo, LLC - $21,275.00
Beaver
Services, Inc. - $24,500.00
Town
Engineer John Whitney recommends the Town Board award the bid for the Golden Age
Vestibule Job No. M-173 to J.R. Tripi Building & Remodeling Co. in the
amount of $17,500.00
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to accept
the bid from J.R. Tripi Building & Remodeling Co. in the amount of
$17,500.00.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
WATER
WASTEWATER SUPERINTENDENT – WAYNE CLINTON:
Award
Bid – Phosphorus Removal - Wastewater Treatment Plant
Water/Wastewater
Superintendent Wayne Clinton reported that he had opened the bids on November
19, 2004 for providing polymer for the purpose of removing phosphorus at the
Wastewater Treatment Plant. One bid was received from the following:
Polydyne,
Inc. $1.09/lb
After
careful review of the bids, Superintendent Wayne Clinton recommended the sole
bidder be awarded the contract in the amount of $1.09/lb.
They met all the specifications required.
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
accept the bid from Polydyne, Inc. in the amount of $1.09/lb
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
COMMUNICATIONS – GENERAL;
Craig
J. & Linda C. Brozek – Bishops Gate Walkway Project
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer
the letter from Craig J. & Linda C. Brozek regarding Bishops Gate Walkway
Project to the Town Board for review.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Kristine Lavango – Proposed Changes to the Zoning Code
A
motion was made by Councilman Robillard, seconded by Councilman Roesch to refer
the letter from Kristine Lavango regarding proposed zoning code changes to the
Town Board for consideration for the next series changes to the Zoning Code.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
REPORT OF THE AUDIT COMMITTEE:
A motion was
made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #77813 – 77999:
General
$ 23,011.73
Highway
$ 7,718.61
Sewer
$ 21,396.23
Water
$ 7,538.19
Capital
$492,236.08
Total
$551,900.84
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
UNFINISHED BUSINESS:
Parks & Recreation Community Center
This
item remains tabled. No action.
Rezoning
- 1282 Stony Point Road
This
item remains tabled. No action.
PRIVILEGE OF THE FLOOR:
This is an
opportunity for residents to comment on any matter regarding Town government on
any subject.
Residents
who spoke:
Rus Thompson, 130 Tracey Lane Re:
Cell Towers, Public Hearings, Building
Permits
Frank
Burkhart, 1406 Ransom Rd.
Re: Cell Towers, Public Hearings
Pat
Anastasia, President – Rod & Gun Club
Re: Cell Tower Notification
Andrew Chatterton, 2708 Stony Pt. Rd. Re:
Codes, Procedures, Cell Towers, Public Hearings
Susan
Andrews, 3738 East River Rd.
Re: Cell Tower, Prior Notification
Donna Tomkins, 80 Bishops Gate
Re: Selling/BuyingTown Easement for Bishops Gate Walkway
Bob
Jellinick, 3760 East River Rd.
Re: Cell Tower, 423 Ransom Rd.
Rose
McCabe, 4200 East River Rd.
Re: Cell Tower, 423 Ransom Rd.
Rosemary
Jellinick, 3760 East River Rd.
Re: Cell Tower, 423 Ransom Rd.
Kim
Tetreault, 50 Bluejay Lane
Re: Cell Tower Lease with Leo Hopkins
FROM THE TOWN BOARD:
Supervisor
McMahon: Public may help the members of the Military from the 107th
or the 914th Air Force Base in Niagara Falls by visiting the
Isledegrande.com website and see the article named: “What Can I do to Support
Our Troops?”
The
Neighbors Foundation is having its Annual Drive on December 21, 2004.
Councilman Crawford: It’s not too late to contact
County Legislators about budget crisis.
Councilwoman Cooke:
Encourages residents to write letter or e-mail to Legislators regarding budget
crisis. Pearl Harbor Memorial
Service at the VFW 12:00noon on Tuesday, December 7, 2004.
SUSPENSION
OF RULES:
A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to suspend the rules to consider authorizing the Supervisor to sign PO 17’s for two part-time MEO positions in Highway Department.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Authorize Supervisor to sign PO 17’s for two
part-time MEO positions in Highway Department
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to Authorize the Supervisor to sign PO 17’s for two part-time MEO positions in Highway Department.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
FROM THE TOWN ATTORNEY:
Town Attorney Peter Godfrey replied to the residents in
attendance regarding Open Meetings Law – Planning Board will post the agendas;
Applications to the Planning Board – there is a 62 day limitation on time
period in which the Town has to make a decision. Four Public Hearings and two Information Meetings were held
before adopting the Zoning Code. It was noted that the board’s intention was
to eliminate a Special Use Permit for the approval of Cellular Towers.
A legislative decision may change that.
The Zoning Code now does not require public notice to adjoining
residents. Public entities, schools
or towns may not compete for cell tower business.
Attorney for Verizon started process for cell tower at 423 Ransom in
November 2003 was submitted by Verizon, not property owner.
Councilman Robillard abstained from vote.
ADJOURNMENT:
A motion was
made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the
meeting at 9:34p.m.
APPROVED
Ayes 5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A moment of
silence was observed in memory of the following:
Dean Bucknam
Paul H.
Brobeil
Walter
Joseph Kasprzak
Kenneth O.
Lenz
Norman J.
McTigue
Joyce A. Ott
Respectfully
Submitted,
Patricia A. Frentzel
Town Clerk