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 8:00p.m. on the 3rd of December 2007.

 

Present:                      Peter A. McMahon                   Supervisor

Richard W. Crawford              Councilman

Mary S. Cooke                        Councilwoman

Gary G. Roesch                      Councilman

Susan J. Argy                          Councilwoman

Patricia A. Frentzel                 Town Clerk

Peter C. Godfrey                     Town Attorney

 

Supervisor Peter McMahon called the meeting to order at 8:00p.m.

Reverend Earle King from St. Martin-In-The-Fields Episcopal Church gave the Invocation. 

Councilman Gary G. Roesch led the Pledge of Allegiance. 

 

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

 

Speakers:                                           None

 

PUBLIC HEARING:

Oakwood Estates/East River Road Frontage Lots North of Whitehaven   Road – Preliminary Plat Approval

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 to Preliminary Plat Approval for Oakwood Estates/East River Road Frontage Lots North of Whitehaven Road.

         

       Speakers in Favor:                                  Al Hopkins

     Speakers in Opposition:                          None

 

Supervisor McMahon declared the Public Hearing closed.

 

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to grant Preliminary Plat Approval for Oakwood Estates/East River Road Frontage Lots North of Whitehaven Road.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

APPROVAL OF MINUTES:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the Minutes of Workshop Meeting #88, November 5, 2007, Minutes of Workshop Meeting #89, November 7, 2007, Minutes of Workshop Meeting #90, November 8, 2007, Minutes of Workshop Meeting #91, November 8, 2007, Minutes of Workshop Meeting #92, November 14, 2007, and Minutes of Regular Meeting #21, November 19, 2007.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

CONSENT AGENDA:

1.      Thomas J. Dearing, Community Planning Coordinator – Transmittal of Proposed Second Amendment to the 2007 Action Plan Component of the Five-Year Consolidated Plan

2.      Time Warner Cable – 2008 Rate Readjustments

3.      Meeting Minutes – GIFTS Executive Team  - October 9, 2007

4.      New York State Department of Environmental Conservation, Notice of Complete Application – Spicer Creek Wildlife Management Area, East River Road – East Side – North of Spicer Creek

5.      State of New York, Office of Real Property Services, Western Regional Office – Erie County Assessment Administration Related Activities

6.      State of New York, Legislature of Erie County – Resolution – Niagara River Greenway Commission

7.      State of New York, Legislature of Erie County – Resolution – Erie County Greenway Fund Standing Committee

8.      State of New York, Legislature of Erie County – Resolution in Support of Removal of Tolls on Grand Island Bridges for Residents

9.      Fight Crime:  Invest in Kids, New York – Getting Juvenile Justice Right in New York:  Proven Interventions Will Cut Crime and Save Money

10.  Federal Emergency Management Agency – Proposed Base Flood Elevation Determinations

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the consent agenda as distributed.      

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Set Public Hearing – 2008 Sewer Rents

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to set a Public Hearing for Monday, December 17, 2007 at 8:00p.m.for the purpose of hearing anyone who wanted to make comments in favor or in opposition to the proposed 2008 Sewer rates.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

Award Bid – Golden Age Bus

Supervisor McMahon reported that the bids were opened on November 30, 2007 for one new Golden Age Bus.  One bid was received from the following:

 

Gorman Enterprises                           $56,867.82

 

After careful review of the bids, Mr. McMahon recommended the sole bidder, Gorman Enterprises be awarded the bid in the amount of $56,867.82

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept Mr. McMahon’s request for sole bidder Gorman Enterprises to be awarded the bid for one new Golden Age Bus in the amount of $56,867.82.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

PO-17 – Water/Sewer Maintenance Worker

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to authorize the Supervisor to complete and submit a P-O17 to create one additional Water/Sewer Maintenance Worker position and to post the opening.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

 

Supervisor’s Monthly Report – October 2007

The Supervisor reported a cash balance of $304,369 on October 1, 2007

Total Receipts of $1,560,698

Total Disbursements of $1,050,181

Operating A/C Interest $214

Operating A/C Balance $815,099

Investment Interest $19,189

Investment Balance $4,610,436

Total Cash Balance as of October 31, 2007 $5,425,536

No action required by Town Board.

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

Local Law Intro #9 of 2007 – To Amend Grand Island Zoning Code & Subdivision Regulation in Regard to Adoption of Erosion & Sediment Control Law – Set Public Hearing

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public Hearing for Monday, December 17, 2007 at 8:00p.m.for the purpose of hearing anyone who wanted to make comments in favor or in opposition to proposed Local Law Intro #9 of 2007 – To Amend Grand Island Zoning Code & Subdivision Regulation in Regard to Adoption of Erosion & Sediment Control Law.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

Local Law Intro #10 of 2007 – Law Amending Sanitary Sewer Law to Prohibit Elicit Discharges, Activities & Connections to Municipal Storm Sewer System – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, December 17, 2007 at 8:00p.m.for the purpose of hearing anyone who wanted to make comments in favor or in opposition to proposed Local Law Intro #10 of 2007 – Law Amending Sanitary Sewer Law to Prohibit Elicit Discharges, Activities & Connections to Municipal Storm Sewer System.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Town Hall Terrace – Senior Apartments (#41) - PIP

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Town Engineer and issue a Public Improvement Permit for Town Hall Terrace – Senior Apartments (#41).

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

Bike Trail Connect Project M-169 – Change Order #2, Paving Changes to East-West Park Road

With the resulting inadequate material condition encountered after the required milling operations on the East/West Park Road, a change is needed to complete the paving operations of the project.  The paving has been modified to include placement of Type 3 Binder (NYSDOT 403.13) at a depth of 3.5" over the entire width of the existing travel lanes as well as the originally proposed placement of the same binder material on the shoulders.  Without this work, it would not be possible to maintain a stable surface on the roadway.

By performing this work, the following items and associated costs have been eliminated from the project:

 

Bid Item                                                               Quantity/Unit              Unit Cost             Cost

203.02 Unclassified Excavation (State Parks)    800 CY                     $20.00/CY    $16,000.00

304.15 Subbase Course  (State Parks)              475 CY                     $43.40/CY    $20,615.00

403.13 Type 3 Binder  (State Parks)                   515 T                        $71.60/Ton  $36,874.00

 

                                                                                                            Total Credit:   $73,489.00

The work has been completed and 3,102.63 Tons of material was placed on the driving lanes.  A proposal was secured from the Contractor (attached), revising the original unit bid from $71.60/Ton to $65.00/Ton.

Under the new unit price, the quantity placed, and the credit for the above bid items not being used, an increase of $128,182.00 is needed in the project budget.

It is anticipated that this cost will be reimbursed to the Town by State Parks.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Change Order #2 for Bike Trail Connect Project M-169.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

RECREATION DIRECTOR – LINDA TUFILLARO:

Winter Hires

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Part-time hiring of a returning Lifeguard – James Sica, two new Lifeguards – Kristen Toellner, a person to be hired later and a returning Attendant – Matthew Klock.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

COMMUNICATIONS – GENERAL: 

Phillips Lytle LLP – Request Exception to Subdivision Approval – Correcting Contract Between APP Pharmaceuticals, LLC and Invitrogen Corporation

APP Pharmaceuticals (SBL#36.4-12.12) inadvertently placed a 55 by 516 foot portion of its parking lot on the Invitrogen (SBL #50.00-1-2.11) property.  Invitrogen will convey (or cause the ECIDA to convey) the parcel to APP Pharmaceuticals. 

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to approve the request to waive the subdivision requirements for the property line changes for APP Pharmaceuticals, LLC and Invitrogen Corporation and the ECIDA correcting title to the parcel.

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 #88594 – 88649

General       $ 26,258.91 

Highway      $      243.95

Sewer          $ 13,917.74

Water           $   5,318.98    

 Garbage      $ 93,813.37

Total             $139,552.95

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

 

 

UNFINISHED BUSINESS:

Approve Town Safety Manual

Remains Tabled

 

SUSPENSION OF THE RULES:

A motion was made by Councilman Crawford, seconded by Councilman Roesch to suspend the rules to consider a Shared Municipal Services Incentive grant application with the County of Erie and possibly the City of Tonawanda.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

Town of Grand Island – Shared Municipal Services Incentive Grant Application

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the following resolution:

            WHEREAS, the Town of Grand Island is considering pursuing several regional initiatives with other sanitary sewer service providers and municipalities; and

            WHEREAS, implementation of these regional initiatives may allow for more efficient and effective sanitary sewer services for the residents of Town; and

            WHEREAS, costs would be incurred to complete the evaluation and/or implementation of these regional initiatives; and

            WHEREAS, the New York State Department of State has recognized the benefit of such regional efforts; and

 

            WHEREAS, the New York State Department of State has established the Shared Municipal Services Incentive (SMSI) Grant Program to fund up to 90% of the costs associated with similar regional initiatives; and

            WHEREAS, the Town and other sanitary sewer service providers and municipalities must apply for grant funding and then execute Standard Cost Reimbursement Contract(s) between with the Department of State to secure SMSI grant funding.

            NOW, THEREFORE BE IT RESOLVED, that the Town of Grand Island be authorized to apply as a lead applicant or co-applicant for SMSI grant funding; and be it further

            RESOLVED, that upon notification of any award where the Town of Grant Island is the lead applicant, the Supervisor is authorized to execute Standard Cost Reimbursement Contract(s) between the Town of Grand Island and the Department of State subject to approval as to form by the Town Attorney; and be it further

            RESOLVED, that upon notification of any award where the Town of Grand Island is co-applicant, the Supervisor is authorized to execute Intermunicipal Agreement(s) between the Town of Grant Island and the Lead Applicant(s) subject to approval as to form by the Town Attorney; and be it further

            RESOLVED, that one (1) certified copy each of this resolution be sent to Supervisor McMahon, Town Engineer Whitney, and Thomas J. Whetham, P.E., Deputy Commissioner, Erie County Department of Environment and Planning.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

 

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding Town government on any subject. 

     Speakers:                                                None

 

 

 

FROM THE TOWN BOARD: 

Councilwoman Cooke: Pearl Harbor Day – Friday, December 7th at Noon – VFW;  Town Hall and Gazebo events – Friday, December 7th – 6:30-8:30p.m.

Councilman Roesch: Red Cross Blood Drive – Tuesday, December 4th 1-7p.m. – Fire Hall; Rotary Bell Ringers – December 8th &15th – Tops; Trinity Holiday House Tours – December 8th 

Councilman Crawford: Town is decorating the Gazebo at 5:30p.m. – Friday – December 7th

Supervisor McMahon: Greenway Grant – Public comment period open until December 22nd _  See manager at Beaver Island State Park.

 

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:18p.m.

APPROVED    Ayes    5          Cooke, Crawford, Roesch, Argy, McMahon

Noes    0

 

A moment of silence was observed in memory of the following:


 

Sheila Boss-Hoorwitz

Joseph Robinson

George Werth

Ellen Chesterfield

Barbara Muratore

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk