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 21st of March 2005.
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: Raymond Dlugokinski Highway Superintendent
John Whitney Town
Engineer
Mr. Calvin VanderMey from Bible Fellowship Center 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.
Residents who spoke:
Doug Smith, 111 Hennepin Rd. Re: John Tripi, Jr. comments - March 7, 2005 concerning rezoning 1282 Stony Point Rd.
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to approve
minutes of Workshop Meeting #8, February 25, 2005, minutes of Workshop Meeting
#11, March 7, 2005, minutes of Regular Meeting #4, March 7, 2005, minutes of
Workshop Meeting #12, March 14, 2005, and minutes of Workshop Meeting #13, March
16, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
PUBLIC HEARINGS: 8:00PM
Draft Local Waterfront
Revitalization Program
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 proposed Draft Local Waterfront
Revitalization Program.
Residents who
spoke in Favor:
Ed Anderson, 4120 East River Rd. Re:
Town Purchasing Weaver Property on East River Rd./Edgewater
Residents in Opposition:
Tom Burkman, 800 Kirkwood Dr. Re: Rezone Gun Creek Property
to Open Space or Leave Residential
Councilman Gary Roesch Opposed to Town
Purchasing 3.8 acres of vacant land
Written
Comments Submitted from Conservation Commission.
Additional
Workshops scheduled for discussion: Tuesday, April 12, 2005 at 3:30p.m., and
Friday, April 15, 2005 at 3:30p.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Local Law Intro #2/2005
Amendment to Water Law
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 proposed amendments to the Grand
Island Town Water Law Chapter 48A.
Changes include responsibility for tampering with meters, allows a fee
for final billing, ownership sale and resale of water meters, provision for
compliance with new remote readers by 2005.
Residents who
spoke in Favor: None
Residents in Opposition: None
All water meters shall be owned by the
property owner and purchased, installed and maintained by the Town of Grand
Island. The Town shall inspect and test
meters from time to time as deemed necessary, or upon reasonable request from customers.
Except pursuant to a contract whereby the property owner pays for the meters
and is financially liable for use by subusers, a master meter only will be used
for apartment houses or related groups of buildings, and the Town will not
furnish nor read auxiliary or submeters.
Section 48A-32
(C) is amended to add the following final sentence:
The Town shall charge for the final
billing a fee to recover the cost of preparing a final bill and taking the
final meter reading. Said fee shall be
established by resolution of the Town Board, and the Board may amend by
resolution pursuant to subparagraph A of this section the charge for final
billings.
Section 48A-34 is amended to add the
following final sentence:
In any case where arrears are placed
upon the tax roll, an administrative fee, as set from time to time by
resolution of the Town Board, shall be added to the amount in arrears.
Section
48A-36A is added to the Town Code to read in its entirety as follows:
Section 48A-36A Meter Tampering
(A). It shall be a misdemeanor for any customer
or their agent or representative, other than a person employed by or
representing the Town to remove, replace, alter, damage, bypass, or otherwise
tamper with any water meter or water measurement device or components thereof,
including but not limited to the locking collar, meter face, dials, or other
water usage indicators, or taking any action for the purpose of causing any
meter to produce inaccurate meter readings.
(B). In addition to any criminal penalty that
may assessed by a court of competent jurisdiction, the person responsible for
the water meter shall pay (1) for the repair or replacement of the meter; (2) a revised billing, calculating the water billing for the
period of time The Town determines the meter was not properly operating, based
on the usage history of the same property or a similar structure or use; (3) a
tampering fine of $150 or twice the revised billing, whichever is greater.
(C). The Town Board may, after notice and an opportunity to
be heard, order that water service be discontinued to the subject meter unless
a bond or deposit is submitted to the Town, sufficient in the Town Boards
opinion, to cover any potential future water losses or meter damage.
A new Article XIII and Section 48A-40
are hereby added to read as follows:
Section 48A-40 Meter Replacement
Program
Effective
from the date of passage of this section, the Town shall replace all
non-conforming meters at its own expense by December 31, 2005. Any property owner who fails to provide
access to their property or otherwise interferes with the installation of new
meters, shall effective January 1, 2006, pay a one hundred percent surcharge on
all water billings until such time as the non-conforming water meter has been
replaced, plus the cost of the new water meter and the cost of installation of
the new meter.
The first sentence of Section 48A-24A
is hereby deleted.
The existing Article XIII and Section 48A-40 of Chapter 48A Effective Date is
hereby respectively relabeled as Article XIV and Section 48A-41.
32275/0001
BFLODOCS 954556v1
This local law shall
be effective upon filing with the Secretary of State.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Elderwood Senior Care At
Riverwood 2850 Grand Island Blvd. - Special Use Permit Adult Care
Facility/2 Story Addition
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 proposed Special Use Permit for 2nd
story addition to the Elderwood Senior Care at Riverwood, 2850 Grand Island
Blvd.
Residents who spoke
in Favor: None
Residents in Opposition: None
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Parkland Enterprises, Inc.
Ransom & Stony Point Rd. Special Use Permit Service Station/Convenience
Store
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 proposed Special Use Permit
application for Parkland Enterprises, Inc., Ransom & Stony Point Rds. to
construct a Service Station/Convenience Store.
Residents who
spoke in Favor:
Marla Brown, Attorney for Parkland Enterprises Re: Site Plan reviewed, SEQR approved,
complies with new codes, zoned Business for 30 years, Town benefits from
increased tax base, Special Use Permit
Residents in Opposition:
Brett Mohr, 1269 Ransom Rd. Re:
Traffic Issues, gas pumps not necessary
Frank
Burkhart. 1406 Ransom Rd. Re:
Written comments submitted at workshop reviewed.
Joan Arki, 1412 Ransom Rd. Re:
Look at traffic again
Bill Jenkins, 3285 Staley Rd. Re:
Opposed to project and commercial development, Buffalo News Article 3/17/05 re:
project drainage, traffic safety
Jennifer Dzielski, 2774 Stony Point Re:
Opposed to gas pumps, need more traffic studies done
Ed Anderson, 4120 East River Rd. Re: traffic, signs
& signals at corner of Ransom/Stony Point Rd.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
1.
Meeting Minutes Zoning Board of Appeals December 2,
2004
2.
Meeting Minutes
Zoning Board of Appeals - January 6, 2005
3.
United States
Bankruptcy Court, Southern District of New York Adelphia Communications
Corporation, et al.
4.
County of Erie
Erie Community College Board of Trustees Search Committee
5.
County of Erie Division of Budget, Management and Finance
Board of Assessment Review Training
6.
Meeting Minutes Board of Architectural Review February
14, 2005
7.
Erie County Legislature 2004 Public Benefit Funding -
$300
8.
Erie County
Legislature 2004 Public Benefit Funding - $500
9.
Meeting Minutes
Economic Development Advisory Board March 10, 2005
10. Municipal
Cooperation Agreement for the Provision of Assessment Services Between the
County of Erie and the Town of Grand Island
11. Supreme
Court of the State of New York County of Erie Summons With Complaint Index
No. I 2005 2210
12. State of
New York Public Service Commission Case 04-G-1047 Proceeding on Motion of
the Commission as to the Rates, Charges, Rules and Regulations of National Fuel
Gas Distribution Corporation for Gas Service - Notice Further Postponing Date
of Evidentiary Hearing
13. County of
Erie Department of Health 30 Hour Pesticide Applicator Certification Course
14. Meeting
Minutes Planning Board February 14, 2005
15. Department of State Agreement #T006423 Construction of Fishermans Park & Ferry Village Bikepath
A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the consent agenda as distributed and to refer #10 to the Town Attorney.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
SUPERVISOR McMAHON:
2005 Fee Schedule
Amendments
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to approve the
2005 Fee Schedule amendments as follows:
5/8 & Ύ Water Meters = $150
1 Water Meters = $210
1½ Water Meters = $360
2 Water Meters = $470
APPROVED Ayes 5 Cooke,
Crawford, Robillard, Roesch, McMahon
Noes 0
Appointments Economic Development Advisory Board
A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to appoint Mark Stramaglia of 6 Forestglen Dr., Williamsville to a three year term expiring 12/31/07 and Joseph Ippolito of 45 Edgewater to a 3 year term expiring 12/31/07 to the Economic Development Advisory Board.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
COMMUNICATIONS OTHER OFFICIALS:
TOWN CLERK - PATRICIA A.
FRENTZEL:
Request from Grand Island
Central School District to Borrow 4 Voting Machines from the Town for Use on
May 17, 2005
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize
the Town Clerk to loan 4 voting machines to the Grand Island Central School
District for the School Budget and Board of Education votes on May 17, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Special Use Permit Renewal
Christine Weaver, 1501 Ferry Road 4 Acre Excavation to Create Pond
A motion
was made by Councilman Robillard, seconded by Councilman Roesch to renew the
Special Use Permit for Christine Weaver, 1501 Ferry Road on 4 acres for
excavation to create a pond. The site
was inspected by the Zoning Inspector and recommends renewal.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Special Use Permit Renewal
Carol M. Merckel, 2324 East River Road Equine Animals/Two (2) in Number on 3
Acres
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the
Special Use Permit for Carol M. Merckel, 2324 East River Road zoned R1-C for
the keeping of up to two (2) equine animals on 3 acres of land. The site was
inspected by the Zoning Inspector and recommends renewal.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Special Use Permit Renewal
James & Irene Daigler, 2343 Staley Road 4.27 Acre Excavation to Create
Pond
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the
Special Use Permit for James & Irene Daigler, 2343 Staley Road on 4.27
acres for excavation to create a pond. The pond is approximately 50%
complete. The site was inspected by the
Zoning Inspector and recommends renewal.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
TOWN ENGINEER - JOHN
WHITNEY:
Cooperating MS4 Letter of
Intent
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to authorize
the Supervisor to sign the Letter of Intent to participate in the matching
grant from NYSDEC with Western New York Regional Stormwater Coalition. The WNYRSC is applying for a $10,500 grant
to assist with the implementation of the EPA Phase II stormwater
requirements. It is expected that the
Towns requirement to provide matching funds will be minimal and can be
accomplished through in kind services.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Bond Resolution Sanitary
Sewer District #5 Grand Island Blvd. Sanitary Sewer Construction
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to set a
Public Hearing for Monday, April 4, 2005 at 8:00p.m. for the purpose of hearing
anyone who wishes to comment in favor of or against the proposed Bond
Resolution for Sanitary Sewer District #5 Grand Island Boulevard Sanitary
Sewer construction.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Authorize Advertisement for
Bids Supplying Fuel with a Fuel Management System
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to authorize
the Town Engineer to advertise for bids for supplying fuel with a fuel
management system. The bids will be
opened on April 13, 2005 at 10:00a.m. in the Town Clerks office.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
PLANNING BOARD:
Raymond DeGlopper 2176 Fix
Rd. Exception to Subdivision Regulations
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to accept the
Planning Boards recommendation to waive the exception to Subdivision
Regulations and allow Raymond DeGlopper, 2176 Fix Road to split the existing
lot into two lots.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Golf Course Villas at River
Oaks Preliminary Plat Approval
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the Golf
Course Villas at River Oaks request for a Preliminary Plat Approval to the
Planning Board for action.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Richard Williams 2230 Fix Rd. Exception to Subdivision Regulations
A motion
was made by Councilman Robillard, seconded by Councilman Crawford to accept the
Planning Boards recommendation to waive the exception to Subdivision
Regulations and allow Richard Williams, 2230 Fix Road to split the existing lot
into two lots.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
COMMUNICATIONS GENERAL:
KNP Group Inc. Relocation
of New Age Inc. to the Niagara Falls, NY Empire Zone
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to set a Public
Hearing for Monday, April 4, 2005 at 8:00p.m. for the purpose of hearing anyone
who wishes to comment in favor of or against the proposed relocation of New Age
Inc. to the Niagara Falls NY Empire Zone.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Jack W. & Rose Marie
Bugman 3339/3345 Whitehaven Road Request to Combine Lots Into One SBL
#36.09-1-19
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the
request of Jack W. & Rose Marie Bugman to combine two lots at 3339 and 3345
Whitehaven Rd. into one SBL #36.09-1-19.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
SBA Cingular Wireless Proposal for a New Communications
Tower at 318 Baseline Road
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer
the request from SBA Network Services, Cingular Wireless a proposal for a new
Communications Tower at 318 Baseline Road to the Town Attorney and consider
requiring the existing users on old tower to co-locate to a new tower. The application is incomplete.
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
#78878-79038:
General $111,851.49
Highway $ 37,953.90
Sewer $
51,548.61
Water $
13,124.77
Lighting $ 1,000.00
Garbage $ 69,688.50
Fire $187,455.08
Total $472,622.35
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
UNFINISHED BUSINESS:
Majestic Woods Subdivision
Part 2 Final Plat Approval
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to grant
Final Plat Approval to Majestic Woods Subdivision, Part 2 as requested.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Performance Contract
Financing Resolution Wendel Energy Services
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize
the Supervisor or designee to enter into an agreement with Wendel Energy Services
for a Performance Contract Financing Resolution subject to the approval of the
Town Attorney.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Rezoning - 1282 Stony Point
Road
This item
remains tabled. No action required.
PRIVILEGE OF THE FLOOR:
This is an
opportunity for residents to comment on any matter regarding Town government on
any subject.
Residents who spoke:
Bill Jenkins,
3285 Staley Rd. Re: Daigler Pond, 2343 Staley
Road
Frank Burkhart, 1404 Ransom Rd. Re:
Parkland Enterprises - Notify resident of future meetings of Advisory Boards
Jim Mulcahy, 1295 West River Rd. Re:
Opposed to Community Center, Opposed to elimination of NYS tolls, County
Government Crisis
Brett Mohr, 1269 Ransom Rd.
Re: Essex Homes
Wants status of development
FROM THE TOWN BOARD:
Councilman Robillard: Happy Easter!
Councilman Roesch: Toll elimination, property at corner of
Ransom/Stony Point Rd. has been Commercial zoned for 30 years, Happy Easter!
Councilman Crawford:
Town has plan in place for Erie County- Budget Crisis
Supervisor
McMahon: County Supervisors have met 4 times since Budget Crisis, drive safe
while kids are on vacation, Happy Easter!
ADJOURNMENT:
A motion was made by
Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at
9:11p.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Helen
Reynolds
Barbara
Brennan
Esther
Whitford
Respectfully
Submitted,
Patricia A. Frentzel
Town Clerk