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 November
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
Rev. Kevin Backus gave the Invocation.
Councilwoman
Mary Cooke led the Pledge of Allegiance.
Supervisor
McMahon called the meeting to order at 8:00PM.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only. No residents spoke.
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to
approve the Minutes from Regular Meeting #19, October 18, 2004; Workshop #42,
October 12, 2004; Workshop #44, October 18, 2004; Workshop #45, October 20,
2004; Workshop #46, October 22, 2004; Workshop #47, October 25, 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
PUBLIC
HEARING: 8:00PM
Town
of Grand Island 2005 Preliminary Budget
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 2005 Preliminary Town Budget. The Supervisor called the public hearing to order and read the following:
GENERAL FUND:
TOTAL APPROPRIATION AMOUNT:
$ 5,385,417
AMOUNT TO BE RAISED BY TAXATION: $
1,647,092
TAX RATE: $ 2.673 per
thousand
NO CHANGE
FIRE PROTECTION DISTRICT:
TOTAL
APPROPRIATION AMOUNT $ 813,749
AMOUNT TO BE RAISED BY TAXATION: $
803,441
TAX
RATE: $ 1.205
per thousand 10%
INCREASE
HIGHWAY FUND:
TOTAL
APPROPRIATION AMOUNT: $ 2,116,965
AMOUNT
TO BE RAISED BY TAXATION: $
1,734,100
TAX
RATE: $ 2.814
per thousand 11%
INCREASE
SEWER DISTRICT FUND:
TOTAL
APPROPRIATION AMOUNT: $ 2,471,032
AMOUNT
TO BE RAISED BY TAXATION: $
316,151
TAX RATE/1,000 (LAND VALUE ONLY): $
3.741
26%
DECREASE
WATER DISTRICT FUND:
TOTAL
APPROPRIATION AMOUNT: $ 2,544,842
AMOUNT
TO BE RAISED BY TAXATION: $
714,138
TAX
RATE/1,000 (LAND VALUE ONLY): $
6.28 NO CHANGE
LIGHTING DISTRICT:
TOTAL APPROPRIATION AMOUNT: $
180,809 (40
districts)
AMOUNT TO BE RAISED BY TAXATION: $
171,991
TAX RATE: Vary
by District
REFUSE & GARBAGE DISTRICT:
TOTAL
APPROPRIATION AMOUNT: $ 848,862
AMOUNT
TO BE RAISED BY TAXATION: $
846,976
TAX
RATE:Flat Rate Single Family Dwelling $
128
12%
INCREASE
DEBT SERVICE FUND:
TOTAL
DEBT SERVICE AMOUNT: $ 1,159,835
TRANSFERS FROM OTHER FUNDS $1,124,835
Speakers in
favor: None
Speakers
opposed: None
A motion was
made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the 2005
Preliminary Budget as the 2005 Budget for the Town of Grand Island.
Councilman Robillard requested that the motion be amended to eliminate
Town Board raises. The motion was amended to change the GENERAL FUND: Total Appropriation Amount from
$5,385,417 to $5,381,287.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Grand
Island Fire Company 2005 Contract
A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition of the proposed 2005 contract with the Grand Island Fire Company for Fire Protection Services in the amount of $749,724.
Speakers in
favor: None
Speakers
opposed: None
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the contract with the Grand Island Fire Company
for fire protection for the year 2005 in the amount of $749,724.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Relocation of R&P Pools, d/b/a Leisure Living
1865 Grand Island Boulevard into the Buffalo Empire Zone
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 of the proposed relocation of R&P Pools d/b/a Leisure Living, 1865 Grand Island Boulevard into the Buffalo Empire Zone.
Speakers in
favor: Phil Delnagro, 11 Astor Place, East Amherst, Re: Mr. Delnagro is an
employee of the corporations seeking approval to relocate.
Speakers
opposed: None
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
1.
Office of the State Comptroller Payment for Grand
Islands Share of Interest Earned on Social Security Contributions - Calendar
Year 1986
2.
Gulf South Research Corporation Final Environmental
Assessment for Proposed Remote Video Surveillance Systems, Upper Niagara River,
Buffalo, New York
3.
US Environmental Protection Agency Proposed Federal
Grant No. XP982866-01
4.
Meeting Minutes Economic Development Advisory Board
October 21, 2004
5.
National Fuel Information Regarding Natural Gas Pricing
and Base Rate Filing
6.
Notice of Claim
Tiffany Turner vs. Town of
Grand Island
7.
David M. Unmack, IAO Quarterly Summary of Assessment
Services
8.
NYS Department of Environmental Conservation Copy of
Final FFY 2005 Intended Use Plan (IUP) for the Clean Water State Revolving Fund
(CWSRF) Program
9.
Meeting Minutes Youth Advisory Board October 7, 2004
10.
Phillips Lytle
- Seneca Nation, et al v. State of New York, et al. - Motion Papers
11.
Pre-Construction Meeting October 29th Re:
Whitehaven Road Bridge 75-1
12. County of Erie Sales Tax Report October 2004
A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the consent agenda as distributed.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
SUPERVISOR McMAHON:
Amend
Meeting Minutes of Regular Meeting # 17, September 20, 2004
Supervisor
McMahon brought to the attention of the Town Board that upon the adoption of the
new Zoning Code in July 2004, a cellular tower does not need a Special Use
Permit, rather a Tower Permit. He
misspoke when stating the motion in the September 20, 2004 Regular Meeting #17
that a Special Use Permit be issued when he should have stated a Tower Permit.
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to amend
the minutes from Regular Meeting #17, September 20, 2004 Issue a Special Use
Permit Upstate Cellular Network (Verizon Wireless) 423 Ransom Road
Cellular Telephone Transmitting Facility to read: Issue a Tower Permit
Upstate Cellular Network (Verizon Wireless) 423 Ransom Road Cellular
Telephone Transmitting Facility.
APPROVED
Ayes
4
Cooke, Crawford, Roesch, McMahon
Noes 0
Abstain
1 Robillard
Set
Public Hearing for Local Law Intro #4 of 2004 Amendments to Zoning Code
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a
Public Hearing for Monday December 6, 2004 at 8:00pm for the purpose of hearing
anyone who wishes to comment in favor of or against Local Law Intro #4 of 2004
for the proposed revisions to the Zoning Code for the Town of Grand Island.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Request
to Submit Erie County Community Development Block Grant Application
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Supervisor to sign and submit the revised Erie County Development
Block Grant Application for the Golden Age Center improvements.
The motion further authorizes the Supervisor to execute any contracts
necessary if awarded the Grant. The amount of the grant is $120,000.
The grant would cover 75% of the overall project.
Funds for remaining 25% of the project are in the 2005 Golden Age
Equipment Budget and the General Fund Contingency Fund.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COUNCILMAN
DANIEL ROBILLARD:
Parks & Recreation Community Center
The Town Board is unsure of the impact of the Erie County Budget for the Town in 2005. A motion was made by Councilman Robillard, seconded by Councilman Roesch to table the memorandum from the Parks & Recreation Community Center.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS OTHER OFFICIALS:
TOWN
CLERK PATRICIA A. FRENTZEL:
Renewal of Special Use Permit Paul A. Ianni,
828 East River Rd.
A
motion was made by Councilman Robillard, seconded by Councilman Roesch to renew
the Special Use Permit for Paul A. Ianni, 828 East River Rd.
for 3 equine animals. The
property has been inspected and it is unchanged.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
TOWN
ATTORNEY PETER GODFREY:
Establish
Lighting District #42 Oakwood Estates at River Oaks, Section 3
A
motion was made by Councilman Crawford, seconded by Councilman Robillard to set
a Public Hearing for Monday November 15, 2004 at 8:00pm for the purpose of
hearing anyone who wishes to comment in favor of or against the proposed
creation of Lighting District #42 Oakwood Estates at River Oaks, Section 3.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Road
Dedication Briarwood Lane
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept
the annexed Deed of Dedication of River Oaks Clubhouse, LLC, 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 Briarwood Lane; now therefore, it is
RESOLVED, that, in accordance with the provisions of Section 171 of
Highway Law of the State of New York, consent is given that the Highway
Superintendent of the Town of Grand Island make an Order accepting and laying
out of the aforesaid town highway to be known as Briarwood Lane, the Town
highway 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 to be known as Briarwood Land, the Town Board hereby
accepts the annexed Deed of Dedication, provided it is filed by the attorneys
for River Oaks Clubhouse, LLC, or its representative, in the Erie County
Clerks Office and the attorneys for the Town are provided with a certified
copy thereof documenting such satisfactory filing.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
HIGHWAY
SUPERINTENDENT RAYMOND DLUGOKINSKI:
Request
to Install Stop Sign Corner of Briarwood at River Oaks & No Outlet Sign
on Briarwood
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a
Public Hearing for Monday November 15, 2004 at 8:00pm for the purpose of hearing
anyone who wishes to comment in favor of or against the proposed installation of
a Stop sign at the southwest corner of Briarwood at River Oaks and install a No
Outlet sign on Briarwood.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
RECREATION
DIRECTOR LINDA TUFILLARO:
Request
to Set November 13, 2004 as Auction for Used/Discarded Items From Town to the
Public
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to set
November 13, 2004 as date to Auction used/discarded items from the Town to the
public. The event will be held at
the Nike Base starting at 10:00a.m.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Request
to Send Employees to Turf & Grounds Summits
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to
authorize the Recreation Director to send Raymond Billica to the NYSTA Grounds
& Exposition in Rochester on November 16th and Raymond Billica
and Tom Cecere to the Annual WNY Turfgrass Summit at ECC South on December 3rd.
The funds are available in the 2004 budget.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
TOWN
ENGINEER JOHN WHITNEY:
Change
Order Nos. 2 & 3 Wastewater Treatment Plant Improvements, General
Contract Job No. M-102-03G
A motion was
made by Councilman Robillard, seconded by Councilwoman Cooke to approve Change
Order No. 2 to reimburse the owner for the additional cost of review of the shop
drawings for the clarifiers. This
Change Order will result in a net decrease to the contract in the amount of
$ 3,600.00. Further, the
motion authorizes Change Order No. 3 to paint additional piping within the
primary digester that was not scheduled to be painted in the contract documents. The additional work is being done at the request of the
Wastewater Superintendent. This
Change Order will result in a net increase to the contract in the amount of
$ 2,671.00.
The Towns Consulting Engineer on the project has reviewed the Change Order and recommends approval.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Reapprove
Map Covers Spicer Creek Townhouses Parcel M Units 506, 508,
510, and 512 Whitehaven Road
A
motion was made by Councilman Crawford, seconded by Councilman Robillard to
reapprove the map covers for Spicer Creek Townhouses Parcel M
Units 506, 508, 510 and 512 Whitehaven Road.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Accept
Letter of Intent Agreement with Wendel Energy Services
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the Letter of Intent to implement an Energy
Performance Contract with Wendel Energy Services as recommended by the Towns
Special Districts Committee.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Proposed
2004 Job Drainage Program Job D-33
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a
Public Hearing for Monday November 15, 2004 at 8:00pm for the purpose of hearing
anyone who wishes to comment in favor of or against the proposed program to
repair the Towerwood Storm Sewer Outfall and cleaning and regrading a portion of
the West Branch of Woods Creek north of Bedell Road.
The project is necessary to repair a deteriorating storm sewer and
improve the drainage capacity of Woods Creek.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
WATER/WASTEWATER
SUPERINTENDENT WAYNE CLINTON:
Request
to Bid Polymer for Phosphorus Removal at Wastewater Department
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to
authorize the Water/Wastewater Superintendent to publish a Legal Notice for the
purpose of bidding Polymer to be used for phosphorus removal.
The bids will be opened on November 19, 2004 at 10:00a.m. in the Town
Clerks office.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Delinquent
Water and Sewer Accounts for 2005 Taxroll
Authorization
to Renew Co-Op Resolution with the City of Niagara Falls
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
approve the resolution from the Water/Wastewater Superintendent that stated the
director did notify consumers within the respective water and sewer districts on
Grand Island by having the wording IF NOT PAID BY OCTOBER 31, ARREARS WILL BE
ON TAX ROLLS printed on water bills sent out quarterly.
Now therefore, be it resolved that the following approximate amount be
applied to the Taxroll of 2005.
Water
$197,521.22
Sewer
$244,729.62
Out of District Sewer
$
540.66
Meters
$ 943.00
Misc. Charges
$ 703.39
Be it further resolved, that the Town Clerk is hereby directed to accept
no payments of such delinquent accounts after the said last day of October 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Authorization to Renew Co-Op Resolution With the City of Niagara Falls
A motion was made by Councilwoman Cooke, seconded by
Councilman Robillard to authorize the Supervisor to sign the renewal of the
cooperative purchasing agreement, for a period of one year, between the Town of
Grand Island and the City of Niagara Falls, authorizing Niagara Falls to act as
the lead agency to solicit bids, and with Grand Island participating in the
purchasing co-op, upon the terms and conditions recommended by the Grand Island
Water/Wastewater Superintendent for purchase of chemicals used in the treatment
of water and wastewater.
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 Robillard to pay
Vouchers
#77445 77571:
General
$30,819.74
Sewer
$ 8,965.90
Water
$ 6,695.46
Capital
$28,669.27
Total
$75,150.37
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
PRIVILEGE OF THE FLOOR:
This is an
opportunity for residents to comment on any matter regarding Town government on
any subject.
Residents
who Spoke: Marcia Pfohl, 2012 East River Road.
Re: Thanks to the Fire Company Rescue Squad and CERT Training.
FROM THE TOWN BOARD:
Councilwoman
Cooke: Election Day Tuesday, November 2nd from 6am-9pm, Kids Vote
Councilman
Crawford: GO VOTE!
Councilman Robillard: GO VOTE!
Councilman
Roesch: GO VOTE! Leisure Pools will be missed.
ADJOURNMENT:
A motion was
made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the
meeting at 8:41p.m.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A moment of
silence was observed in memory of the following:
Charles Ford
Zachary Zarbo
Robert Curtin
Esther Howell
Harry Buz Anderson
Doris Teschemacher
Respectfully
Submitted,
Patricia A. Frentzel
Town Clerk