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 March 2006.
Present: Peter
A. McMahon Supervisor
Mary S. Cooke Councilwoman
Richard W. Crawford Councilman
Gary G. Roesch Councilman
Susan J. Argy Councilwoman
Patricia A. Frentzel Town Clerk
Peter Godfrey Town
Attorney
Also Present: Raymond
Dlugokinski Superintendent of Highways
John Whitney Town
Engineer
Rev. David Rodgers from Emmanuel Community Bible Church gave the Invocation.
Councilwoman Argy 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: Dean Duguay – Re:
Consent Agenda
Items #4, 15, 16
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to approve
minutes of Workshop Meeting #8, February 1, 2006, minutes of Workshop Meeting
#9, February 2, 2006, minutes of Workshop Meeting #10, February 6, 2006, and
minutes of Regular Meeting #3, February 6, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
PUBLIC HEARINGS: 8:00PM:
Final Plat Approval – Hidden
Oaks Phase 3
Residents who
spoke in Favor: James Dinsmore
Residents in
Opposition: None
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Local Law Intro #3/2006 –
Amendment to Zoning Code
Supervisor
McMahon announced that the Public Hearing for Local Law Intro #3/2006 –
Amendments to the Zoning Code was not published in the town’s official
newspaper and that the Public Hearing had to be rescheduled.
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to reschedule the
Public Hearing for Monday, March 20, 2006 at 8:00p.m. for the purpose of
hearing anyone who wishes to comment in favor of or against proposed Local Law
Intro #3/2006 – Amendments to the Zoning Code.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Local Law Intro #4/2006 -
Proposed Town Code Amendment Regulating Dogs
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 proposed Local Law Intro #4/2006 –
Town Code Amendments Regulating Dogs – Chapter 12.
Residents who
spoke in Favor: None
Residents who
spoke in Opposition: None
E.
No person shall keep more than three (3) dogs that are more than six (6) months
old in any structure except in a kennel authorized pursuant to Chapter 49 of
this Code.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
1.
State of New York, Executive Department, Office of Real
Property Services – 2006 Tentative Special Franchise Full Values
2.
Meeting Minutes – Zoning Board of Appeals – January 5, 2006
3.
United States Bankruptcy Court, Southern District of New
York – Adelphia Communications Corporation, et al., Debtors – Case No.
02-41729 (REG)
4.
Selective Insurance Company of America – Claim Number:
20495733
5.
Meeting Minutes – Board of Architectural Review – January
10, 2006
6.
Bonadio & Co, LLP – Services Provided to the Town of
Grand Island
7.
The Assembly, State of New York, Albany – Estimate of
Regional Sales Tax Distribution
8.
Phillips Lytle LLP – Seneca Nation, et al v. State of New
York, et al
9.
Phillips Lytle LLP – Seneca Nation, et al v. State of New
York, et al
10.
New York State Environmental Facilities Corporation – Clean
Water State Revolving Fund Proposed Regulation Revisions
11.
The Assembly, State of New York, Albany – State Purchase of
Code Books for Municipalities
12.
Greater Buffalo-Niagara Regional Transportation Council –
Notice of GBNRTC-PCC Meeting
13.
County of Erie, Department of Environment and Planning,
Division of Planning – Final 2006 Annual Action Plan
14.
Amended Meeting Minutes – Economic Development Advisory
Board – January 12, 2006
15.
Selective Insurance – Claim Number: 20495734
16.
Selective Insurance – Claim Number: 20495733
17.
New York State Department of Transportation, Revenue
Section – Refund - Baseline Rd (CR249) O/Woods Creek &
Trib to Woods Creek Project
18.
Summit Risk Services, Inc. – File No: SO-0979
19.
Meeting Minutes – Commission for the Conservation of
the Environment – January 12, 2006
20.
Golden Age Center – Facility Usage – February 2006
21.
Golden Age Center – Vehicle Usage – February 2006
22.
Meeting Minutes – Planning Board – January 9, 2006
23.
Greater Buffalo-Niagara Regional Transportation Council –
Year 2030 Demographic Forecasts
24.
Building Permits Issued – February 2006
25.
New York State Department of Environmental Conservation –
Public Informational Meeting
26.
New York State Office of Real Property Services –
Residential Assessment Ratio
27.
New York State Department of Environmental Conservation
- Amendment to NYS Freshwater Wetlands
Map for Erie County
A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the consent agenda as distributed and copy item #23 to the Economic Development Advisory Board.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
SUPERVISOR McMAHON:
Monthly Supervisor’s Report
– December 2005
The Supervisor
reported a cash balance of $192,126 on December 1, 2005
Total Receipts
of $2,006,773
Total
Disbursements of $2,208,125
Operating A/C
Interest $86
Operating A/C
Balance $(9,140)
Investment
Interest $8,253
Investment
Balance $2,356,918
Total Cash
Balance as of December 31, 2005 $2,347,777
No action required by Town Board.
Monthly Supervisor’s Report
– January 2006
The Supervisor
reported a cash balance of $(9,140) on January 1, 2006
Total Receipts
of $2,203,248
Total
Disbursements of $2,093,230
Operating A/C
Interest $93
Operating A/C
Balance $100,971
Investment
Interest $7,987
Investment
Balance $2,212,764
Total Cash
Balance as of January 31, 2006 $2,313,735
No action required by Town Board.
Appraisal Services
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize
the Assessor to contract for up to 30 hours of appraisal services at a cost not
to exceed $40.00 per hour.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Assistant to the Assessor
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Judy
M. Tafelski as Assistant to Assessor at Grade 6 Year 1, effective Monday, March
13, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
National Incident Management
System (NIMS)
A motion
was made by Councilman Roesch, seconded by Councilwoman Argy to adopt the
National Incident Management System (NIMS) resolution as follows to bring Grand
Island into compliance by September 2006 to continue receiving federal funding.
WHEREAS, in Homeland Security Presidential Directive (HSPD)-5, the
President directed the Secretary of the Department of Homeland Security to
develop and administer a National Incident Management System (NIMS), which
would provide a consistent nationwide approach for federal, state, local and
tribal governments to work together more effectively and efficiently to
prevent, prepare for, respond to, and recover from domestic incidents,
regardless of cause, size or complexity; and
WHEREAS, the collective input and
guidance from all federal, state, local and tribal homeland security partners
has been, and will continue to be, vital to the development, effective
implementation and utilization of a comprehensive NIMS; and
WHEREAS, it is necessary that all
federal, state, local and tribal emergency management agencies and personnel
coordinate their efforts to effectively and efficiently provide the highest
levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident
management it is critical that federal, state, local, and tribal organizations
utilize standardized terminology, standardized organizational structures,
uniform personnel qualifications standards, uniform standard for planning,
training, and exercising, comprehensive resource management, and designated
incident facilities during emergencies or disasters; and
WHEREAS,
the NIMS standardized
procedures for managing personnel, communications, facilities and resources
will improve the state’s ability to utilize federal funding to enhance local
and state agency readiness, maintain first responder safety, and streamline
incident management processes; and
WHEREAS,
the Incident Command
System components of NIMS are already an integral part of various incident
management activities throughout the state, including all public safety and
emergency response organizations training programs; and
WHEREAS, the National Commission of Terrorist Attacks (9-11
Commission) recommended adoption of a standardized Incident Command System; now
therefore
BE
IT RESOLVED, that the Town
Board of the Town of Grand Island hereby mandates that the National Incident
Management System be utilized for all incident management in the Town of Grand
Island; and
BE IT FURTHER RESOLVED, that this resolution be
effective immediately.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
COMMUNICATIONS – OTHER
OFFICIALS:
TOWN CLERK – PATRICIA A.
FRENTZEL:
Partial Payments for Tax
Collection
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to authorize the
Town Clerk to accept partial payments for tax collection in any amount for
taxes during that tax period effective March 7, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
DEPARTMENT OF ENGINEERING
& WATER RESOURCES - JOHN WHITNEY:
Change Order No. 1 – Carl
Road Lift Station Replacement – Job No. M-27-04
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to approved
Change Order No. 1 – Carl Road Lift Station Replacement – Job No. M-27-04 to
extend the Time of Completion to June 1, 2006.
This extension will add no additional cost to the contract.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Award Bids – Liquid Sludge
Hauling
Town
Engineer John Whitney reported that the bids for sludge hauling were opened on
March 1, 2006. One bid was received
from the following:
J.A. Brundage – d/b/a The Drain Doctor $.020 cents/gallon
After
careful review of the bid, Mr. Whitney recommended the sole bidder, J.A.
Brundage, d/b/a The Drain Doctor be awarded the bid at a cost of $.020 cents
per gallon to haul sludge from the Grand Island Wastewater Facility to the
Niagara Falls Wastewater Treatment Facility/Buffalo Sewer Authority.
A motion
was made by Councilman Crawford, seconded by Councilwoman Argy to
authorize
the Supervisor to sign a contract with J.A. Brundage, d/b/a The Drain Doctor
subject to demonstration of the compliance with all the terms of the contract.
APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon
Noes 0
Abstain 1 Roesch
Allen Marine Services –
Proposal #60982 – Inspection/Cleaning of Raw Water Intake Pipe
Town
Engineer reported that Allen Marine Services is sole source provider of this
service.
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the
Supervisor to sign the contract with Allen Marine Services for the inspection
and cleaning of the raw water intake pipe in the amount of $11,400.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Ferguson Electric –
Electrical Preventive Maintenance Program – Water Treatment Plant – Water
Storage Plant
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the
proposal from Ferguson Electric for a five-year electrical preventive
maintenance program for the Water Treatment Plant and Water Storage Plant to
the Town Attorney to put it into acceptable format and authorize the Supervisor
to sign the contract. The Town can
enter into a contract with renewals but cannot sign a five-year contract.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
ZONING OFFICER – JOHN
McCARTHY:
Tower Permit Renewal –
Global Acquisitions II LLC, 318 Baseline Road/Water Plant
A motion
was made by Council Crawford, seconded by Councilwoman Cooke to renew the Tower
Permit for Global Acquisitions II LLC, 318 Baseline Road/Water Plant. It has been inspected and it is unchanged.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Tower Permit Renewal - Global Acquisitions II LLC, 3078 Staley Road
A motion
was made by Councilwoman Cooke, Roesch to renew the Tower Permit for Global
Acquisitions II LLC, 3078 Staley Road.
It has been inspected and it is unchanged.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
PLANNING BOARD:
Connie Farugia/Julian Archie
– Alt/Love Roads – 50.00-3-1 – Exception to Subdivision Regulations
A motion was made by
Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation
of the Planning Board and grant exception to subdivision regulations to Connie
Farugia and Julian Archie to create a 300’ x 1045’ lot out of an existing 126
acre parcel at Alt and Love Roads. SBL
#50.00-3-1.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy,
McMahon
Noes 0
APP Pharmaceutical – 3159
Staley Road – Site Plan Approval – 3,000 Square Foot Addition & Temporary
Offices
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to accept the
recommendation of the Planning Board and grant Site Plan Approval to American
Pharmaceutical Partners, 3159 Staley Road for a 3,000 square foot addition and
temporary office space while addition is being built.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
George DeGlopper – 2449
Whitehaven Road – Site Plan Approval – Storage Building
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to
accept
the recommendation of the Planning Board and grant Site Plan Approval to George
DeGlopper, 2449 Whitehaven Road for a storage building.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Local law Intro No. 1/2006 –
Creating Enhanced Environmental Overlay District
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to schedule the
Public Hearing for Monday, March 20, 2006 at 8:00p.m. for the purpose of
hearing anyone who wishes to comment in favor of or against proposed Local Law
Intro #1/2006 – Creating Enhanced Environmental Overlay District.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Local Law Intro No. 2/2006 –
Rezoning SW Corner of East River Road & Whitehaven Road
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke reschedule the
Public Hearing for Monday, March 20, 2006 at 8:00p.m. for the purpose of
hearing anyone who wishes to comment in favor of or against proposed Local Law
Intro #2/2006 – Rezoning South West Corner of East River Road & Whitehaven
Road.
APPROVED Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes 0
Local Law Intro No. 3/2006 – Amendment to Zoning Code
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to take the
Planning Board’s recommendations and refer them to the Town Board for action
after the Public Hearing on Monday, March 20, 2006.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
COMMUNICATIONS – GENERAL;
Anna M. Kapus, 561 Baseline Road – Name
Change - Alvin Road
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the correspondence
from Anna M. Kapus, 561 Baseline Road regarding changing the name of Alvin Road
to Fuccillo Drive to the Town Board for review.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
County of Erie, Department of Personnel –
Residency Preference Provision
A motion
was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer the
correspondence from the Erie County Department of Personnel regarding residency
preference provisions to the Town Board for review.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Whitehaven Road Residents’ Opposition to Campground and Mining Overlay District
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the
Whitehaven Road residents’ petition in opposition to the campground and mining
overlay district to the Planning Board and Town Board and make it part of the
record.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
REPORT OF THE AUDIT COMMITTEE:
A motion was made by
Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #82373 -
#82479
General $ 59,329.97
Highway $ 20,310.37
Sewer $ 3,475.55
Water $ 7,063.62
Capital $ 7,191.85
Fire $205,051.25
Total $302,422.61
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
UNFINISHED BUSINESS:
Town of Grand Island Recreation & Parks – Proposed
Advisory Board By-laws
A motion
was made by Councilwoman Argy, seconded by Councilman Crawford to adopt the
amended by-laws for the Parks & Recreation Advisory Board as follows:
The purpose of this
organization is:
A.
To periodically
evaluate the Town’s recreation programs, facilities, services, and
relationships to assure that its goals and objectives are being achieved.
B.
To advise and make
recommendations to the Recreation & Parks Director (Director) and the Town
Board on recreation and park matters.
C.
To seek the
development of a broad variety of recreation programs, facilities, and services
to meet the recreation needs and demands, utilizing the total resources of the
community.
D.
To inform and educate
the public about the importance of, and need for, recreation programs,
facilities, and services.
E.
To strive to involve
the residents in the planning and development of the recreation system and
identify local needs.
F.
To establish and
maintain an effective Public Relations program utilizing all appropriate
communication media.
G.
To provide a close
liaison and coordination with other agencies to ensure total cooperative community
effort providing the most effective and economical recreation possible.
H.
To provide
encouragement, support, and work in partnership with the Director to provide a
team approach to concerns.
The Board shall
consist of seven (7) members appointed by the Town Board as Recommended by the
Director. Members are volunteers and must reside in the Town of Grand Island.
The term of office shall be three (3) years.
ARTICLE III: OFFICERS
Section 1. At the annual meeting, the members of the Recreation &
Parks Advisory Board shall elect from its membership a Chairperson, Vice
Chairperson and Secretary.
Section 2. The Chairperson shall preside at meetings of the Board,
appoint committees, and perform all duties generally pertaining to the office
of Chairperson.
Section 3. The Vice Chairperson shall perform these duties in the
absence of the Chairperson.
Town of Grand Island Recreation & Parks – Proposed
Advisory Board By-laws
Section 4. The Secretary shall keep a record of the meetings of the
Board, record all official actions, have custody of its books and records, give
notices to the members of meetings, keep attendance records, and perform other
duties as may be assigned by the Board.
ARTICLE IV: MEETINGS
Section 1. The annual meeting shall be held the next meeting after the
Town Board appoints or re-appoints the Advisory Board members. The officers
elected at the annual meeting shall take office the following month.
Section 2. The Board shall meet regularly each month.
Section 3. Special meetings may be called by the Chairperson or a
majority of the members at any time deemed necessary or desirable.
Section 4. The absence for three (3) consecutive meetings of any member
without due and acceptable excuse shall constitute a vacancy on the Board.
Section 5. A majority of the Board shall at all times constitute a
quorum.
ARTICLE V: BOARD RESPONSIBILITIES
Section 1. The Board is responsible for advising and making
recommendations on all Recreation & Parks matters that involve future planning.
Section 2. The Board shall operate under the adopted By-laws as approved
by the Town Board.
Section 3. The Board shall prepare and recommend for approval
regulations for proper conduct in public recreation facilities of the Town of
Grand Island.
Section 4. The Board shall advise the Director and Town Board in the
development of recreation programs for all residents of the Town of Grand
Island.
Section 5. The Board shall make a full and complete Parks &
Recreation annual report to the Supervisor and the Town Board, and make such
other reports
as may be required by the Town Board.
ARTICLE VI: AMENDMENTS
Section 1. The Advisory Board shall make recommendations for any changes
in these by-laws.
Section 2. Amendments to these By-laws may be made by the Town Board
whenever necessary.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Advertise for Vacancies on Parks & Recreation Advisory
Board
A motion was made by
Councilwoman Argy, seconded by Councilwoman Cooke to authorize the Supervisor
to advertise for vacancies on the Parks & Recreation Advisory Board.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, 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: Joe
Lukasiewicz : Re: Traffic signal at Baseline & Staley Rds.
Linda McGuire:
Re: Snowmobiles riding on private residential property without
permission causing damage
FROM THE TOWN BOARD:
Councilman
Roesch: Zonta’s Antique Show, Saturday, March 11, 2006 at River Oaks.
Councilman
Crawford: Traffic signal at Baseline & Staley Roads will be installed as
soon as weather breaks.
Councilwoman
Cooke: Comments for the Public Hearing for Zoning Amendments that was
rescheduled for 3-20-06 may be submitted to Town via e-mail or letter to the
Town Board.
ADJOURNMENT:
A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adjourn the meeting at 8:35p.m.
APPROVED Ayes 5 Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Virginia Bobo
Patricia Godzisz
Norma Somer
Phyllis Schmidt
Graham Harris
Kathryn O’Dea-Carr
Josephine Grisanti
Constance Teresi
Julia Besch
Charles Cole
Respectfully
Submitted,
Patricia A. Frentzel
Town Clerk