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 15th of August
2005.
Present: Peter
A. McMahon Supervisor
Richard W. Crawford Councilman
Mary S. Cooke Councilwoman
Daniel F. Robillard Councilman
Gary G. Roesch Councilman
Diane Darmofalski Deputy Town Clerk
Peter Godfrey Town
Attorney
Reverend Kevin Backus from Bible Presbyterian Church gave the Invocation.
Councilman Robillard
led the Pledge of Allegiance.
Supervisor McMahon
called the meeting to order at 8:00PM.
PROCLAMATION:
National
Airborne Day – August 16, 2005
A Proclamation was given to members of the Niagara Frontier
82nd Airborne Association and Ladies Auxiliary in recognition of
National Airborne Day, August 16, 2005.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who spoke: None
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to approve
minutes of Workshop Meeting #45, August 1, 2005, minutes of Workshop #46,
August 4, 2005 and minutes of Regular Meeting #14, August 1, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
1. Golden
Age Center – Vehicle Usage – July 2005
2. Golden
Age Center – Facility Usage – July 2005
3. Building
Permits Issued – July 2005
4. Moody’s
Investors Service – Assigns A2 Rating to Town of Grand Island
5. Town of
Collins – New York State Thruway Tolls in Western New York
6. Meeting
Minutes – Zoning Board of Appeals – July 7, 2005
7. State of
New York, State Board of Real Property Services – Certificate of the Final
State Equalization Rate for the 2005 Assessment Roll
8. Erie
County Industrial Development Agency – 2005 Invitrogen Corporation Project
9. Meeting
Minutes – Grand Island Memorial Library Board of Trustees – July 14, 2005
10. Meeting Minutes – Planning Board – July 11,
2005
11. Meeting Minutes – Community Enrichment
Council – July 21, 2005
12. Meeting Minutes – Board of Architectural
Review – July 12, 2005
13.
Town of Colden – Opposition to Budget Cuts – Erie County
Sheriff’s Department
A motion was made by Councilman Crawford, seconded by Councilman Robillard to approve the consent agenda as distributed.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS - TOWN BOARD:
SUPERVISOR McMAHON:
Advisory Board Vacancies
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to authorize
the Supervisor to advertise for anyone that is interested in serving on an
Advisory Board. Letters of interest
received by September 1, 2005 will be considered.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Authorize Supervisor to Sign
Contract for Vegetation Control
Three
firms looked at the Pilot Project for Vegetation (catails) Control. One single proposal was received from
White’s Turf Crew for all three locations on Town property, with a total cost
of $4,800.
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize
the Supervisor to sign a contract with White’s Turf Crew in the amount of
$4,800. The funds are available in the
2005 Drainage Budget.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Establish Salary for Payroll
Clerk
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to establish the
salary for Payroll Clerk. The position
will be competitive class. The salary
range will be Grade 4A.
Step A - $12.44 Step B - $13.37 Step C -
$15.37 Step D - $18.44 Step E - $22.12
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Authorize Town Engineer to
Hire Principal Engineer Assistant Replacement
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the
Town Engineer and hire a replacement Principal Engineer Assistant and to
advertise the position if necessary.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to issue a
certificate of appreciation to Hakim Hawramee.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Town Owned Lot – Old
Carriage House Circle
A detailed drawing was submitted to three landscaping
contractors for a Town owned lot adjacent to Veterans Park on Old Carriage
House Circle. One written proposal was
received by Grand Island Greatscape in the amount of $5,656.06
A motion was made by Councilwoman Cooke, seconded by
Councilman Crawford to amend the budget for landscaping materials to clean up a
Town owned lot on Old Carriage Circle as follows:
Increase Appropriated
Fund Balance 001-0001-999 $5,656.06
Increase Veterans
Park Landscaping Materials 001-7110-0434 $5,656.06
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A motion was made by Councilwoman Cooke, seconded by
Councilman Crawford to award the bid to Grand Island Greatscape subject to
evidence of adequate insurance coverage.
The amount of the bid is $5,656.06.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Monthly Supervisor’s Report – July 2005
The Supervisor
reported a cash balance of $169,515 on July 1, 2005
Total Receipts
of $2,154,597
Total
Disbursements of $2,120,903
Operating A/C
Interest $71
Operating A/C
Balance $203,280
Investment
Interest $10,935
Investment
Balance $3,834,219
Total Cash
Balance as of July 31, 2005 $4,037,499
No action
required by Town Board.
COMMUNICATIONS – OTHER OFFICIALS:
TOWN ATTORNEY - PETER
GODFREY:
Accept the Annexed Deed of
Dedication of Town Highway to be known as Part of Majestic Woods Drive
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to accept the
Annexed Deed of Dedication of Town Highway to be known as part of Majestic
Woods Drive subject to the approval of the Town Attorney, Town Engineer, Order
of the Highway Superintendent and the attorney for Majestic Woods filing the
Deed with the Erie County Clerk’s office and providing certified copies to the
Town Attorney as follows:
Upon submission of the annexed deed
of dedication of Majestic Woods Development, 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 part of Majestic Woods Drive; 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 accepting and laying out the aforesaid town highway to be known as Majestic Woods Drive, 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
Majestic Woods Drive, the Town Board hereby accepts the annexed deed of
dedication, provided it is filed by the attorney for Majestic Woods
Development, LLC, 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.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Resolution Accepting
Turnaround Public Drainage, Sanitary Sewer Easements for Majestic Woods
Subdivision Part Two
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the
resolution accepting turnaround public drainage, sanitary sewer easements for
Majestic Woods Subdivision Part Two subject to the approval of the Town
Attorney, as follows:
WHEREAS,
Majestic Woods Development, LLC, has offered for dedication lands for a
proposed town highway to be known as part of Majestic Woods Drive; and
WHEREAS, the plans submitted by
Majestic Woods Development, LLC in connection with such proposed town highways
include sanitary sewer and public drainage easements in favor of the Town of
Grand Island; and
WHEREAS, Majestic Woods Development,
LLC, has offered such sanitary sewer and public drainage easements 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 Majestic Woods Development, LLC, the owner of Majestic Woods Subdivision, Part 2, a Permanent Easement for Sanitary Sewer and Public Drainage annexed hereto as attachment A, provided it is filed by the attorney for Majestic Woods Development, LLC, 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;
AND
BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the
Town, the Supervisor is authorized and directed to execute said easements.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Amendment to Conservation
Easement
A motion was made by Councilman Roesch, seconded by Councilman Robillard to adopt the amendment to the Conservation Easement for Majestic Woods as follows:
WHEREAS, the Majestic Woods Development, LLC, with offices at 2635
Millersport Highway, Getzville, New York 14068, hereinafter referred to as the
“Grantor”, is the owner of all the property and premises known as Majestic
Woods Subdivision Part Two (“Subdivision”) situate in the Town of Grand Island
County of Erie and State of New York, and more particularly described as follows:
Being a part of Lot No. 103, Grand Island and more particularly set forth on a
map thereof on file in the office of the Clerk of the County of Erie under Map
Cover No. 3268; and,
WHEREAS, the Town of Grand Island, hereinafter called the “Grantee”,
having its office at 2255 Baseline Road, Grand Island, New York 14072, and the
Grantor have the intent to preserve certain open space areas located within the
bounds of Subdivision lot nos. 29 through 39 under said Map Cover; and,
WHEREAS, Grantor and Grantee are parties to a Conservation Easement
affecting portions of the lands contained in Sublots 40 – 51 under Map Cover
3138 (the “contiguous lands”), which Conservation Easement was dated February
5, 2003 and recorded in the Erie County Clerk’s Office on February 7, 2003 in
Liber 11028 of Deeds at Page 9053; and,
WHEREAS, Grantor and Grantee wish to extend the protections afforded
to said contiguous lands under the said Conservation Easement to certain open
space areas within the bounds of Subdivision lots nos. 29 through 39 under Map
Cover No. 3268 thereby establishing a common plan for the nature of the use and
enjoyment of the lands described in said Conservation Easement as the
“Protected Property” and the following portions of Subdivision lots nos. 29 through
39 under Map Cover No. 3268:
All that tract or parcel of land situate in the Town of Grand Island, County of Erie, State of New York, being part of Lots 103 and 104 of the Holland Land Company’s survey, as shown on a certain Map Cover entitled “Majestic Woods Subdivision Part Two”, as filed in the Erie County Clerk’s Office under Map Cover No. 3268 and shown thereon as lands lying south and west of a line marked on said Map Cover and described as “Limits of Conservation Easement” and to the north of the northerly line of lands marked on said Map Cover and described as “Lands to be conveyed to the Town of Grand Island (100’ Wide Parkway),” (Hereafter, the Protected Property and the lands described in this paragraph will be referred to collectively as the “Protected Lands”),
NOW,
THEREFORE, in consideration of the foregoing and the mutual covenants and
agreements of the parties hereto, and the sum of One and 00/100 Dollar ($1.00)
and other valuable consideration, to each party by the other in hand paid,
receipt whereof is hereby acknowledged, and for the purpose of carrying out the
intention above expressed, Grantor and Grantee hereby covenant and agree as
follows:
That the
terms of the Conservation Easement are hereby modified and spread over the entirety
of the Protected Lands so that the Conservation Easement shall and now does
constitute a common plan for the nature of the use and enjoyment of the
Protected Lands.
Except as provided for herein, the Conservation Easement
remains in full force and effect and is hereby confirmed and ratified.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
HIGHWAY SUPERINTENDENT –
RAYMOND DLUGOKINSKI:
MEO New Hire
Correspondence
was received from Highway Superintendent Raymond Dlugokinski that James
Daluisio, 1320 Whitehaven Road has been hired as a MEO effective August 24,
2005. The salary is per the Union Contract.
No action is required by the Town Board.
TOWN ENGINEER - JOHN
WHITNEY:
Change Orders – Performance
Service Contract – Job No. M-171
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to approve the
request of the Town Engineer for Change Order CB04 for the performance service
contract – Job No. M-171. Change order
CB04 is to provide labor, material and supervision to provide 3M Scotchtint
Window film for the Town Supervisor’s office.
This Change Order will result in a net increase to the contract in the
amount of $522.00.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Public Improvement Permit –
Hidden Oaks Subdivision – Phase II
The Town
Engineer reviewed the application for a Public Improvement Permit for Hidden
Oaks Subdivision – Phase II and recommends approval.
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the
Town Engineer to issue a Public Improvement Permit for Hidden Oaks Subdivision
– Phase II.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Golden Age Center Roof
Replacement – Job No. M-178
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize
the Town Engineer to advertise for bids for the Golden Age Center Roof
Replacement Job No. M-178. The
advertisement will run on Friday, August 19, 2005 and bids are to be received
by and opened on Wednesday, August 31, 2005 at 10:00a.m local time.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Final Plat Approval – Park
Place Subdivision – Phase VII
A motion
was made by Councilwoman Cooke, seconded by Councilman Robillard to set a
Public Hearing for Tuesday, September 6, 2005 at 8:00p.m. for the purpose of
hearing anyone who wishes to comment in favor of or against the proposed Final
Plat Approval for Park Place Subdivision – Phase VII.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Award Bids – Master Lift
Station Modifications – Job No. M-170
Town
Engineer John Whitney reported that he had opened the bids on August 10, 2005
for the Master Lift Station Modifications – Job No. M-170. The bids were as follows:
Contract 1 – General
Quackenbush Co, Inc. $895,000.00
Sicar, Inc. $982,710.00
Kandey Company, Inc. $911,290.00
Contract 2 – Electrical
Tunney Electric, Inc. $18,400.00
Weydman Electric & Communications $23,400.00
CIR Electric Corp. $27,900.00
Frey Electric Construction, Co. $43,800.00
After
careful review of the bids by Stearns & Wheler, LLC and Mr. Whitney, they
recommend the contracts be awarded to Quackenbush Co., Inc. in the amount of
$895,000.00 for the Contract 1 - General and Tunney Electric, Inc. in the
amount of $18,400.00 for the Contract 2 - Electrical.
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve
Mr. Whitney’s request the contracts be awarded to Quackenbush Co., Inc. in the
amount of $895,000.00 for the General Contract 1 and Tunney Electric, Inc. in
the amount of $18,400.00 for the Electrical Contract 2.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Award Drainage Projects –
Job No. D-34
Town
Engineer John Whitney reported that he requested quotes from Sam Long’s
Landscaping, Knab Brothers and LDC Construction for two drainage projects that
need to be completed this year.
The first project is located on Garden Parkway and involves
250 LF of 6” backyard drainage and 3 yards drains. The only quote we received was from Sam Long’s Landscaping for
$2,980.00
The second project is located at 211 South Lane and consists
of 170 LF of 8” backyard drainage. The
only quote we received was from Sam Long’s Landscaping for $2,900.00. LDC and Knab Brothers declined to provide
quotes.
After
careful review of the quotes, the Town Engineer recommends Sam Long’s
Landscaping be awarded both projects for a total cost of $5,880.00
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to accept the
recommendation of the Town Engineer and award projects to Sam Long’s
Landscaping for a total cost of $5,880.00
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Grand Island Boulevard
Sanitary Sewer Construction – Job No. M-122-04
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the
Town Engineer to advertise for bids for the Grand Island Boulevard Sanitary
Sewer Construction – Job No. M-122-04.
The advertisement will run on Friday, August 26, 2005 and bids are to be
received by and opened on Wednesday, September 14, 2005 at 10:00a.m local time.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
TOWN ACCOUNTANT – PAM
WHITNEY:
Budget Amendment – Erie
County Grant
The first half of the
2005 Erie County Grant for Youth Services has been received in the amount of
$5,000.00. The money is to be
appropriated according to the budget submitted to Erie County and placed into
Enrichment & Referral’s budget to cover the costs for the summer science
project.
A motion was made by
Councilman Roesch, seconded by Councilman Robillard to amend the 2005 budget as
follows:
Increase Revenue a/c 001-0001-3006 E.C. Grant $5,000
Increase
Appropriation 001-4210.0400 E&R
Youth Services $1,250
001-4210-0100 E&R Personal Svcs. $3,750
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
ZONING INSPECTOR – JOHN
McCARTHY:
Special Use Permit Renewal – Cathleen Shaw, 3054 Stony Point Road – 2 Agricultural Animals on 3.5 Acres
A motion was made by Councilman Robillard, seconded by
Councilwoman Cooke to approve the Special Use Permit Renewal for Cathleen Shaw,
3054 Stony Point Road for up to 2 agricultural animals on 3.5 acres. The property has been inspected and it is
unchanged.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
PLANNING BOARD:
Petition to Amend the Zoning
Map for Paul Long, 359 East River Road – Change of Classification from B-2 to
R-1E
A motion was made by Councilman Robillard, seconded by
Councilman Roesch to accept the recommendation of the Planning Board and amend
the Zoning Map and grant change of classification from B-2 to R1-E to Paul Long
for 359 East River Road.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Final Plat Approval – Hidden Oaks – Phase II
A motion was made by Councilman Crawford, seconded by
Councilwoman Cooke to accept the recommendation of the Planning Board and grant
Final Plat approval for Hidden Oaks – Phase II.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS - GENERAL:
State of New York,
Department of State – Agreement #C005906 – Town of Grand Island LWRP
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to authorize
the Supervisor to sign the agreement with the State of New York, Department of
State to extend the agreement with an ending date of March 31, 2006 for the
Local Waterfront Revitalization Program.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Grand Island Central School
District – Donation of Voting Machines, by the Town, for School Elections
Correspondence
was received by the Grand Island Central School District asking for the Town to
donate six voting machines to the school district in 2006.
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to refer the
request to the Town Clerk.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Douglas M. Learman – CSEA
President – Assistant Municipal Engineer Position
A motion
was made by Councilwoman Cooke, seconded by Councilman Robillard to refer the
request of Douglas Learman, CSEA President to re-establish the position of
Assistant Municipal Engineer in the CSEA bargaining unit, at Grade 9 of the
contract to the Personnel Committee and the Town Attorney.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Dan Stinson – Resignation
from Enrichment & Referral/G.I.F.T.S.
A motion
was made by Councilwoman Cooke, seconded by Councilman Robillard to accept with
regret a letter of resignation from Dan Stinson from Enrichment &
Referral/G.I.F.T.S. The Town Board will
send a certificate of appreciation to Mr. Stinson.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Robert H. Westfall - Resignation from Planning Board
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to accept with
regret a letter of resignation from Robert H. Westfall as the chairman of the
Planning Board effective August 9th. The Town Board will send a certificate of appreciation to Mr.
Westfall.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A motion was made
by Councilman Robillard, seconded by Councilwoman Cooke to appoint Douglas
Scheid as chairman of the Planning Board with a term to expire
December 31, 2005.
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 #80336 –
80466
General $
59,611.42
Highway $
10,982.19
Sewer $ 5,108.71
Water $ 517.18
Capital $ 13,589.00
Garbage $ 69,688.50
Fire $187,431.00
Total
$347,153.00
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:
Peter Kuszczak Re:
Rezoning at 1282 Stony Point
FROM THE TOWN BOARD:
Councilwoman
Cooke: Enjoy the final weeks of summer.
ADJOURNMENT:
A motion was made by
Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at
8:35p.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Arthur
Gilbert
Treva Chism
Respectfully
submitted in the Town Clerk’s absence,
E.
Diane Darmofalski
Deputy
Town Clerk