Regular Meeting NO. 6, Town of Grand Island, April 5, 2004
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 5th of April, 2004.
Present:
Peter A. McMahon, Supervisor
Mary S. Cooke, Councilwoman
Richard W. Crawford, Councilman
Daniel F. Robillard, Councilman
Gary G. Roesch, Councilman
Also
Present:
Patricia A. Frentzel, Town Clerk, John Alessi, Hodgson & Ross,
representing the Town Attorney
Rev.
Kevin Backus of Bible Presbyterian Church gave the Invocation.
Councilman
Richard Crawford led the Pledge of Allegiance.
Supervisor
McMahon called the meeting to order at 8:00 PM.
Eagle
Scouts Robert D. Goris and Timothy P. Szczykutowicz were given recognition and
proclamations for their achievements as Eagle Scouts.
This
is an opportunity for residents to comment on any matter regarding the meeting
agenda items only. Damon DeCastro
inquired about the Bonnywoods Crossing zoning issues.
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to
approve the minutes from Workshop Meeting No.10, March 15, 2004, Workshop
Meeting No.11, March 22, 2004, Workshop Meeting No.12, March 22, 2004, Workshop
Meeting No.13, March 23, 2004 and Regular Meeting No. 5, March 15, 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
PUBLIC HEARING - 8:00P.M.
A
public hearing was held at 8:00PM for the purpose of hearing all persons
interested, for or against, the proposed Partial Tax Exemption for Senior
Citizens and Disabled Person with Limited Incomes.
Speakers
in favor: None
Speakers
opposed: None
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt
Local Law Number 1 of 2004 – Partial Tax Exemption from real property taxes
for persons over 65 years of age and disabled persons with annual income below
$32,400.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
1.
DEC - Management of
Double-crested Cormorants to Protect Public Resources in New York
2.
Report of Public Utility Services
paid in January and February 2004
3.
Department of State – Amendment
to the Town of Tonawanda Local Waterfront Revitalization Program
4.
Department of Transportation –
Request for Speed Reduction on Baseline Road received
5.
Adelphia – Change of Address
Notification
6.
The Assembly State of New
York/Sam Hoyt – Support for the Western New York Stormwater Pollution
Prevention Implementation Project.
7.
The Assembly State of New
York/Richard A. Smith – Support of “Overview of Local Governments in Erie
County”
8.
NYS Environmental Facilities Corporation - Clean Water State Revolving
Fund
9.
County of Erie – Schedule of
Tax Cancellations and Refunds for 2003
10. County
of Erie – Schedule of Tax Cancellations and Refunds – Addition of $24.08 for
Grand Island Fire Protection
11. Plumbing
Board of Examiners - Minutes of March 29, 2004 Meeting
12.
County of Erie – Apportionment and Distribution of the Four Percent
(4%) Sales Tax Revenue
13.
Economic Development Advisory Board – Support for Fuccillo expansion
14.
GBNRTC – Notice of Meeting
15.
County of Erie – Department of Environment Planning – Earth Machine
Backyard Compost & Bin Sale
16.
SEQRA Lead agency for
Fuccillo Project
17.
Letter from Harter, Secrest & Emery - Application for Modification of
ACOE Permit
Councilwoman
Cooke noted Agenda items #13 and 16 are in reference to Fuccillo’s expansion
project and #15 is in reference to a Compost Bin Sale on April 24, 2004.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve
the consent agenda.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SUPERVISOR
McMAHON:
LEASE
AGREEMENT WITH ISLECHEM,LLC
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to
authorize the Supervisor to sign the lease agreement between the Town of Grand
Island and Islechem, LLC.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
ESTABLISH
PETTY CASH FUND - REALITY CAFÉ
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
establish a Petty Cash Fund of $100.00 for Reality Café subject to the
Supervising Accountant establishing procedures and auditing dates with staff.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
BUDGET
TRANSFERS
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Supervising Accountant to make the recommended 2003 budget
transfers as follows:
General
Fund
54 Transfers
Totaling $112,946.00
Highway Fund
9 Transfers
Totaling 19,763.00
Sewer Fund
2 Transfers
Totaling
1,713.00
Water Fund
8 Transfers
Totaling 93,105.00
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
authorize the Supervising Accountant to make the recommended 2003 budget
amendments as follows:
Water Fund:
Increase #004-0004-9999
(Appropriated Fund Balance) $
60,000.00
Increase #004-8320-0100
(Source – Personal Services)
6,000.00
Increase #004-8340-0100 (Trans
& Dist Personal. Serv.)
16,300.00
Increase #004-8340-0102 (Trans
& Dist Overtime)
37,700.00
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A
motion was made by Councilman Robillard, seconded by Councilman Crawford to
authorize the Supervising Accountant to make the recommended 2003 budget
amendments as follows.
Refuse Fund:
Increase #010-0010-9999
(Appropriated Fund Balance)
$ 5,000.00
Increase #010-0010-0400 (Misc.
Contractual)
5,000.00
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
TOWN
PROSECUTOR APPOINTMENT
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
appoint Mark Nemeth of 1945 Bush Road as Town Prosecutor effective April 8, 2004
at a salary of $10,565.74 per year.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
COMMUNICATIONS
- OTHER OFFICIALS:
TOWN
CLERK - PATRICIA A. FRENTZEL:
NEW YORK LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) - SUPPORT RESOLUTION TO ELIMINATE “SUNSET” OF LGRMIF PROGRAM
A motion was made by Councilman Roesch, seconded by
Councilwoman Cooke to adopt the Resolution of Support for the elimination of the
“Sunset” Provision of the Local Government Records Management Improvement
Fund (LGRMIF) program and to forward the resolution to Grand Island’s state
legislature representatives.
Resolution of Support for the Elimination of the Sunset
Provision of the Local Government Records Management Improvement Fund (LGRMIF)
Whereas, the Local Government Records Management
Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance
and grants to establish, improve or enhance records management programs in New
York’s more than 4300 local governments, and
Whereas, the closely related Documentary Heritage Program
(DHP) for grants and technical assistance to non-governmental historical records
repositories also is supported by the LGRMIF, and
Whereas, a sunset date for the LGRMIF was established in
the original legislation to permit its operation as a five-year experiment, and
Whereas, the New York State Legislature in 1995 twice has
extended the sunset date, most recently to December 31, 2005, and
Whereas, the LGRMIF has effectively supported essential
advisory services and 6,300 grants totaling over $113 million to improve the
management of records for over half of all NYS local governments, and
Whereas, the LGRMIF and the programs it supports continue
to operate at a high standard of excellence and provide direct and significant
benefit to local governments at no cost to the taxpayers, and
Whereas, the Town of Grand Island has benefited from
technical assistance, training, publications and since 1991 grants totaling over
$90,000, supported by the LGRMIF, and
Whereas, the State Legislature created the
closely-related Cultural Education Fund (CEF to support the New York State
Archives, New York State Library and New York State Museum on behalf of all New
Yorkers, and the Office for Public Broadcasting, and provided the CEF with an
identical sunset date, and
Whereas, the LGRMIF and the CEF continue to be critically
important in the fulfillment of the many records and information related
responsibilities of the Town of Grand Island, and to the cultural and scientific
needs of the people of New York State, therefore
Be it resolved that the Town of Grand Island supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to
approve the budget amendment for the second payment of the 2003-2004 Federal
/State Grant for the Preservation of Records for $10,681.
Increase
Revenue - 001.001.3060 - State Aid - Records Management - $10,681
Increase
Expenditure - 001.1410.0416 - Town Clerk - Preservation of Records - $10,681
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
GRAND
ISLAND CENTRAL SCHOOL DISTRICT - REQUEST TO USE FOUR VOTING MACHINES FOR
DISTRICT’S BUDGET VOTE ON MAY 18, 2004.
A motion was made by
Councilman Roesch, seconded by Councilman Crawford to approve the request of the
Grand Island Central School District to use four voting machines on May 18, 2004
for the District’s Budget Vote.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SPECIAL USE PERMIT RENEWAL - CAROL M. MERCKEL - 2324 EAST RIVER ROAD
A motion was made by Councilwoman Cooke, seconded by
Councilman Robillard to renew the Special Use Permit for Carol M. Merckel –
2324 East River Road for keeping up to two equine animals on 3 acres.
The site has been inspected and is unchanged.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A motion was made by Councilwoman Cooke, seconded by
Councilman Robillard to renew the Special Use Permit for Diane Schooping –
2450 Whitehaven Road for keeping up to five equine animals on 10.4 acres.
The site has been inspected and is unchanged.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A motion was made by Councilwoman Cooke, seconded by
Councilman Robillard to renew the Special Use Permit for Sherwood & Florence
Prawel – 2400 Fix Road for keeping up to three equine animals on 6 acres.
The site has been inspected and is unchanged.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
TOWN
ATTORNEY - PETER GODFREY
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to set a
Public Hearing for the purpose of hearing all persons interested, for or against
the proposed creation of Majestic Woods Subdivision Lighting District No. 39 on
Monday, April 19, 2004 at 8PM.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
The Fuccillo Toyota mitigation
issues are not resolved, and until they are resolved the Town
cannot conduct SEQRA. Item
remains tabled.
TOWN
ENGINEER - JOHN WHITNEY
SITE
PLAN APPROVAL – EXECUTIVE CARPET CLEANING– 110 INDUSTRIAL
A motion was made by
Councilman Robillard, seconded by Councilman Roesch to refer the request of
Executive Carpet Cleaning – 110 Industrial Drive to the Planning Board for
review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
CHANGE
ORDER NO. 1 - WATER TREATMENT PLANT FILTER CONTROL IMPROVEMENTS, GENERAL
CONTRACT JOB NO. M-163-G
A motion was made by
Councilman Robillard, seconded by Councilman Roesch to approve the request of
the Town Engineer for Change Order Number 1 for the Water Treatment Plant Filter
Control Improvements General Contract Job Number M - 163 - G to change the
Substantial Completion Date to May 1, 2004 and the Final Completion Date to May
15, 2004. There will be no net
increase to the contract in the original amount of $56,700.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
CHANGE
ORDER NO. 1 - WATER TREATMENT PLANT
FILTER CONTROL IMPROVEMENTS, ELECTRICAL CONTRACT JOB NO. M-163-E
A motion was made by
Councilman Robillard, seconded by Councilwoman Cooke to approve the request of
the Town Engineer for the Change Order Number 1 for the Water Treatment Plant
Filter Control Improvements Electrical Contract Job Number M - 163 - E to change
the Substantial Completion Date to May 1, 2004 and the Final Completion Date to
May 15, 2004. There will be no net
increase to the contract in the original amount of $107,575.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
AUTHORIZE
OWNER/ENGINEER AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES – RED JACKET
SEWER REHABILITATION
A motion was made by
Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to
sign the agreement with URS Corporation for the Construction Inspection of the
Red Jacket Sewer Rehabilitation Project not to exceed $14,750.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SITE
PLAN APPROVAL - 201 LANG BLVD.
A motion was made by
Councilman Robillard, seconded by Councilwoman Cooke to refer the Site Plan
Approval request of Acquest Development – 201 Lang Blvd. to the Planning Board
for review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
FINAL
PLAT APPROVAL – RANSOM VILLAGE SUBDIVISION PHASE 4D (22 LOTS)
A
motion was made by Councilman, seconded by Councilman to set a Public Hearing
for the purpose of hearing all persons interested, for or against the Final Plat
Approval of Ransom Village Subdivision Phase 4D (22 sublots) for Monday, April
19, 2004 at 8PM.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
CONDITIONAL
PLAT APPROVAL – ISLAND MEADOWS SUBDIVISION – SECTION 3A & 3B(45 SUBLOTS)
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to refer
the request for a Conditional Plat Approval for Island Meadow Subdivision –
Section 3A & 3B (45 sublots) to the Planning Board for review and
recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Town Engineer John Whitney
reported that he had opened the bids on March 31, 2004 for the Red Jacket Area
Sewer Lining Project – Job No. M-160. Six
bids were received from the following:
Intercounty
Paving Assoc.:
$222,635
Villager
Construction: $267,150
American
Water Services
$297,533
Lash
Construction: $299,020
Sicar:
$300,000
United
Survey:
$345,335
After
careful review of the bids, Mr. Whitney and URS Corporation recommended the low
bidder, Intercounty Paving Associates be awarded the contract in the amount of
$222,635, contingent upon the availability of project funding and review by the
Town’s legal counsel. They met all the specifications required and found they
have performed similar work acceptably.
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
approve Mr. Whitney’s request as stated above and authorize the Supervisor to
sign the agreement with Intercounty Paving Associates.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SITE
PLAN APPROVAL – 2995 GRAND ISLAND BLVD.
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer
the request of a Site Plan Approval –2995 Grand Island Blvd. to the Planning
Board for review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SITE
PLAN APPROVAL – 458 RANSOM ROAD
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to refer
the request of a Site Plan Approval – 458 Ransom Road to the Planning Board
for review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SUPERVISING
ACCOUNTANT – PAM WHITNEY
*SEE
COMMUNICATION FROM SUPERVISOR MCMAHON
COMMUNICATIONS - GENERAL:
STICKL CONSTRUCTION – 3952 EAST RIVER ROAD – APPROVE SUBDIVISION MAP COVER – SPICER CREEK TOWNHOUSES PARCEL “L” UNITS 498, 500, 502 AND 504 WHITEHAVEN ROAD
A motion was made by Councilman Crawford, seconded by
Councilman Robillard to approve the Stickl Construction – 3952 East River Road
– Subdivision Map Cover – Spicer Creek Townhouses Parcel “L” Units 498,
500, 502 and 504 Whitehaven Road.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
MIKE WYLKE – BRICK OVEN – 2375 GRAND ISLAND BLVD. – REQUEST FOR OUTDOOR SEATING
A motion was made by Councilman Roesch, seconded by
Councilman Robillard to refer the request of Mike Wylke – Brick Oven – 2375
Grand Island Blvd. for outdoor seating at the restaurant to the Planning Board
for review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
GRAND ISLAND CHAMBER OF COMMERCE – SUPPORT OF FUCCILLO AUTOGROUP
A motion was made by Councilman Robillard, seconded by
Councilman Roesch to refer the Grand Island Chamber of Commerce’s petition
signed in support of the Fuccillo Autogroup Expansion Project to the Town Board
to be included in the Fuccillo file.
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 # 75211 to #75454 as submitted.
General $ 65,075.28
Highway $ 18,971.43
Sewer $ 10,453.02
Water $
9,110.52
Capital $ 43,680.46
Fire
$172,687.50
Total $ 319,978.21
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
UNFINISHED
BUSINESS:
A
motion was by Councilman Robillard, seconded by Councilman Crawford to appoint
Kristin Cadro, Nancy Heftka, Donna Lavallee, Timothy Lavallee, Emily Pifer,
Caitlyn Quider, Reg Schopp, Ronald Warner, Paula Reger to the Youth Advisory
Board.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Fee
schedule is not complete, remains tabled.
FUCCILLO
TOYOTA SITE PLAN APPROVAL – 1974 ALVIN
Remains tabled.
NORMAN
PARISI – 633 EAST RIVER ROAD – REMOVE PROPERTY LINE BETWEEN SBL 14-6-6
AND14-43 AND SEPARATE 14-16-6 AND 14-42-10
Remains tabled.
SUSPEND
THE RULES
A motion was made by
Councilman Roesch, seconded by Councilman Robillard to suspend the rules for the
purpose of considering Wastewater Treatment Plant Digester Cleaning & Mixing
Equipment Rehabilitation and Clarifier Equipment Rehabilitation Project Job No.
M-102-03 and to review a request for Quizno’s Subs to allow outdoor seating at
the restaurant.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
AWARD BID – WASTEWATER TREATMENT PLANT DIGESTER CLEANING & MIXING EQUIPMENT REHABILITATION AND CLARIFIER EQUIPMENT REHABILITATION PROJECT JOB NO. M-102-03
Town Engineer John Whitney
reported that he had opened the bids on March 24, 2004 for the Wastewater
Treatment Plant Digester Cleaning & Mixing Equipment Rehabilitation and
Clarifier Equipment Rehabilitation Project Job No. M-102-03. After careful review of the bids, Mr. Whitney and Stearns
& Wheeler, LLC recommended the low bidder, Hohl Industrial Services, 770
Riverview Blvd., Tonawanda, NY be awarded the contract in the amount of $662,450
for the General Contract. They met all the specifications required.
For the Electrical Contract it is recommended to award the bid to Frey
Electric Construction Co., 100 Pearce Ave., Tonawanda, NY in the amount of
$14,675. They met all the specifications required.
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve
Mr. Whitney’s request as stated above and award the bids to Hohl Industrial
Services and Frey Electric Construction.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A motion was made by Councilman Crawford, seconded by
Councilman Robillard to refer the request of Michael Gatas – Quizno’s Subs
– 2164 Grand Island Blvd. for outdoor seating at the restaurant to the
Planning Board for review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
FROM
THE FLOOR:
This
is an opportunity for residents to comment on any matter regarding Town
government on any subject. No
residents spoke.
FROM
THE TOWN BOARD:
Happy
Easter! Councilman Roesch commented
on the Court income and the financial impact on the Town.
ADJOURNMENT:
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
adjourn the meeting at 8:38pm.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A
moment of silence was observed in memory of the following.
Edwin
Lodge Pfohl, Catherine Harrison, Alma Corrine Hill, Adrian Pollock, Mark Coffey,
Peter Mayo, Eric Lloyd, Harrison Roger, Sr., Nancy Andrews, Frank Del Signore,
Sr.
Respectfully
Submitted,
Patricia
A. Frentzel
Town
Clerk