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 7TH of September 2004.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

                                    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         

  Grand Island Town Board Meeting - approved minutes September 7, 2004                     

Supervisor McMahon gave the Invocation. 

Councilman Daniel Robillard led the Pledge of Allegiance. 

Supervisor McMahon called the meeting to order at 8:00PM.

 

PRIVILEGE OF THE FLOOR:

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

 

APPROVAL OF MINUTES:

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to approve the Minutes from Regular Meeting #15, August 16, 2004; Workshop #33, July 26, 2004; Workshop #36, August 16, 2004; and Minutes of Workshop #37, August 26, 2004.

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

                        Noes            0

 

PUBLIC HEARINGS:

John W. Stickl, 3952 East River Road for Final Plat Approval – Grand Park Vue Subdivision

A public hearing was held at 8:00 P.M. for the purpose of anyone wishing to speak for or in opposition of the request of John W. Stickl, 3952 East River Road – Final Plat Approval – Grand Park Vue Subdivision.

Speakers in Favor: None

Speakers in Opposition: None

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer to matter to the Planning Board for review and recommendation.

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

                        Noes            0

 

Russell A. Certo, 1282 Stony Point Road   - Application to consider a change of classification under the building zone ordinance for this property from R1E to R3.

A public hearing was held at 8:00 P.M. for the purpose of anyone wishing to speak for or in opposition of the request of Russell A. Certo, 1282 Stony Point Road, for an application to consider a change of classification under the building zone ordinance for this property from R1E to R3.

 

Speakers in Favor: None

Speakers in Opposition: E-mail correspondence was entered into the record from Henry Carroll.  Peter Kuszczak, 1302 Stony Point Rd., Letter read from Doug & Polly Smith, 111 Hennepin Rd., Don Lewis, 1485 Red Jacket Rd., Henry Carroll, 1460 Red Jacket Rd.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the matter to the Planning Board for review and recommendation.

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

                        Noes            0

 

CONSENT AGENDA:

1.      State of New York Public Service Commission Re: City of Fulton Proceedings/Settlement Agreement

2.Erie County Hazardous Waste Drop Off Day / Electronics Recycling Day

3.NFTA – Annual Report 2003-2004

4.Meeting Minutes – Sidewalk/Bikepath Committee Meeting No. 1  July 26, 2004

5.County of Erie – Report regarding apportionment and distribution of 4% Sales Tax revenue received for August 2004.    

6.Meeting Minutes – August 30, 2004 - Economic Development Advisory Board

7.2004 Urban Forestry Grant (Veterans, Tower and Ed Ball Parks)

8.Golden Age Center – Vehicle Usage – August 2004

9.      Golden Age Center – Facility Usage – August 2004

10.  Meeting Minutes – Community Enrichment Council – August 19th

11.  Building Permits – August 2004

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the consent agenda.

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

                        Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – July 2004

The Supervisor reported a cash balance of $99,031 on August 1, 2004

Total Receipts of $1,210,380

Total Disbursements of $1,269,861

Operating A/C Balance $39,612

Investment Interest $4,388

Investment Balance $3,474,366

Total Cash Balance as of August 31, 2004 $3,513,978

No action required by Town Board.

 

 

 

COMMUNICATIONS – OTHER OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL

Special Use Permit Renewal – Cathleen Shaw, 3054 Stony Point Road – Two Horses

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the Special Use Permit Renewal for Cathleen Shaw, 3054 Stony Point Road for the keeping of up to two horses.  The property was inspected and there are no changes.

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

                        Noes            0

 

Special Use Permit Renewal – John Ventry, 3440 Stony Point Road – One Horse

A motion was made by Councilman Crawford, seconded by Councilman Roesch to approve the Special Use Permit Renewal for John Ventry, 3440 Stony Point Road for the keeping of up to two horses.  The property was inspected and there are no changes.

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

                        Noes            0

 

Special Use Permit Renewal – Kathleen Doldan, 1505 Huth Road Two Horses

A motion was made by Councilman Crawford, seconded by Councilman Roesch to approve the Special Use Permit Renewal for Kathleen Doldan, 1505 Huth Road for the keeping of up to two horses.  The property was inspected and currently there are no horses on the property.

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

                        Noes            0

 

Special Use Permit Renewal – Zygmunt & Anna Bieniulis, 3380 Staley Road – Four Horses in R1-A

A motion was made by Councilman Roesch, seconded by Councilman Robillard to table the Special Use Permit Renewal of Zygmunt & Anna Bieniulis, 3380 Staley Road pending the receipt of an Agriculture Animal Permit now required in the new zoning codes for the keeping of up to four horses on eight acres in R1-A.

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

                        Noes            0

 

Special Use Permit Renewal – Robert Wakefield, 2413 Staley Road – Keeping of One or More Riding Animals in R1-A

A motion was made by Councilman Crawford, seconded by Councilman Cooke to table the Special Use Permit Renewal of Robert Wakefield, 2413 Staley Road pending the receipt of an Agriculture Animal Permit now required in the new zoning codes for the keeping of one or more horses on 9.5 acres in R1-A.

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

                        Noes            0

 

TOWN ENGINEER – JOHN WHITNEY:

Authorization to Advertise for Bids 2005-2006: Contract for Solid Waste Disposal

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize the Town Engineer to advertise for bids for the 2005-2006 contract for solid waste disposal.  Bid specs are available in the Town Clerk’s office and will be received until 10:00a.m. September 29, 2004 at which time they will be opened.

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

                        Noes            0

 

 

Reapprove Map Cover – Fairway Greens – Clusters 10 & 21

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to reapprove the Map Cover for Fairway Greens – Clusters 10 & 21.

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

                        Noes            0

 

Public improvement Permit – Fuccillo Toyota – 675 l.f. of 12” waterline

A Public Improvement Permit application was received by the Town Engineer for Fuccillo Toyota 1974 Alvin Road to construct approximately 675 lineal feet of 12 inch diameter PVC waterline along Alvin Road to service the proposed Fuccillo Toyota Dealership.  The application has been reviewed, the drawings and permit are in order, fees have been paid and the Town Engineer recommends approval.

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the Public improvement Permit – Fuccillo Toyota, 1974 Alvin Road.

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

                        Noes            0

 

Geographic Information System (GIS) Parcel Locator Tool – Request for

Supervisor to authorize agreement with Wendel Duscherer Architects & Engineers

A proposal was received by Wendel Duchscherer Architects & Engineers to purchase a Geographic Information System (GIS) Parcel Locator Tool.  The tool will help employees query map tax information to identify adjoining property owners for rezoning queries.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the agreement with Wendel Duchscherer not to exceed an amount of $5,100.  The funds are currently available in the 2004 budget.

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

                        Noes            0

 

Change Order No. 2 – 2003 Drainage Improvement Program Job No. D-32

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize L.D.C. Co. to extend the contract completion date from August 31, 2004 to September 30, 2004 due to inclement weather earlier this summer.

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

                        Noes            0

 

Sanitary Sewer Extension – East of 933 Ransom Road

The Town Engineer received a request from Salvatore D’Angelo to extend the sanitary sewer east from 933 Ransom Road to serve a vacant lot at 923 Ransom Road.  The vacant property is along the east border of the existing sanitary sewer district and would be an out of district user. 

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to refer the matter to the Special Districts Committee for approval.

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

                        Noes            0

 

Site Plan Approval – American Pharmaceutical Partners, Inc., 3159 Staley Road     

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve the modified site plan for American Pharmaceutical Partners, Inc., 3159 Staley Road for the construction of an expansion to the previously approved building, the relocation of a 15’ x 15’ cooler and the placement of a temporary trailer. 

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

                        Noes            0

 

Award Bid – 2004 Chevrolet Cargo Van – West Herr Automotive Group, Inc.

Town Engineer John Whitney reported that he had opened the bids on September 1, 2004 for a 2004 Chevrolet 2500 Express Cargo Van. One bid was received from the following:

 

West Herr, Inc. - Base Bid - $14,362 - Factory Installed Options (Discount %) - $864.30

 

After careful review of the bids, Town Engineer John Whitney recommended the sole bidder be awarded the contract in the amount of $15,226.30.  They met all the specifications required.

A motion was made by Councilman Roesch, seconded by Councilman Robillard to accept the bid from West Herr, Inc.

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

                        Noes            0

 

TOWN ATTORNEY – PETER GODFREY:

Summons & Complaint – Gennamore v. Town of Grand Island

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the Summons & Complaint on Gennamore v. Town of Grand Island to the Town Attorney.

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

                        Noes            0

Draft Bond Resolution for the Grand Island Bike Trail Connect Project

A RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED SEPTEMBER 7, 2004, AUTHORIZING THE CONSTRUCTION OF THE BIKE TRAIL CONNECT PROJECT IN A MAXIMUM AMOUNT NOT TO EXCEED $612,400, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $612,400 OF THE TOWN OF GRAND ISLAND, ERIE COUNTY, NEW YORK (the “Town”), PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, county and/or local GRANTS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

WHEREAS, the Town Board of the Town of Grand Island, Erie County, New York (the “Town”), has determined to proceed with the Bike Trail Connect Project; and

WHEREAS, the Town Board desires to undertake the Bike Trail Connect Project, including preliminary costs, apparatus, site work and other improvements and costs incidental thereto, (the “Improvement”); and

WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the Improvement.

BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the Bike Trail Connect Project consisting of the widening and resurfacing of the existing Linear Park Multiuse Trail, constructing a new multi-use trail system through Buckhorn State Park with a scenic overlook on West River Parkway and to connect the two trail systems together, including preliminary costs, apparatus, site work and other improvements and costs incidental thereto.

The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $612,400 of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local grants received.  The cost of such improvement is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of assessments on the real properties in the Town, in the same manner as other Town charges, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.

SECTION 1.       It is hereby determined that said purpose is an object or purpose described in subdivision 32 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is five (5 years.

SECTION 2.       Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

SECTION 3.       It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.

SECTION 4.       The faith and credit of said Town is hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall be the assessment, levy and collection of assessments from the several lots and parcels of land within the Town, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.

SECTION 5.       Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

SECTION 6.       The expected source of funds to be used initially to pay for up to $612,400 of the expenditures authorized by Section 1 of this resolution shall be from moneys held in various accounts of the Town.  The Town then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of this resolution.  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.

SECTION 7.       The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION 8.       The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 9.       The NYS Office of Parks, Recreation and Historic Preservation, acting as lead agency, has issued a negative declaration determining that the undertaking of the Improvement will not have a significant effect on the environment.

SECTION 10.   The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

SECTION 11.   (1)             Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

SECTION 12.   The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

SECTION 13.   Said obligations are authorized in violation of the provisions of the Constitution of New York.

SECTION 14.   This Resolution is effective immediately.

SECTION 15.   The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said Town and designated as the official newspaper of said Town for such publication.

 

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the Bond Resolution for the Grand Island Bike Trail Connect Project.

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

                        Noes            0

 

Fuccillo Automotive Group Memorandum of Understanding

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Memorandum of Understanding from Fuccillo Automotive Group for the construction of Wetlands on Scenic Woods property owned by the Town, subject to the Town Attorney.

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

                        Noes            0

 

RECREATION DEPARTMENT – LINDA TUFILLARO

Request for Supervisor to Sign State Aid Voucher for Recreation reimbursement for 2003 programs

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the State Aid Voucher for the Recreation Department’s reimbursement of $5,888 for the 2003 programs.

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

                        Noes            0

 

 

 

 

COMMUNICATIONS – GENERAL:

John Sherwood & Jean Moran – Request to join SBL’s 22.06-1-20 & 25.05-1-21.2

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the request of John Sherwood & Jean Moran to join SBL’s 22.06-1-20 & 25.05-1-21.2 into one SBL to the Assessor for consolidation. 

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 #76685 – 76815:

General                 $ 52,202.50

Highway                 $ 27,583.83   

Sewer                 $ 31,807.88

Water                 $   4,328.45 

Capital                 $   5,085.20

Garbage    $  62,082.65 

Total        $183,090.51

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.  No residents spoke.

 

FROM THE TOWN BOARD:

Councilman Roesch: Activities this weekend; Antique Boat Show, BBC Concert, VFW Pig Roast with ceremony honoring fallen firemen and police officers of 9-11-01 at 8:00.

Councilwoman Cooke: Hazardous Waste Drop Off Days: Saturday September 11 and Saturday September 18.

Councilman Crawford: “Project Alert” starts tomorrow when school opens.  Be safe.

 Watch for school busses.

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to adjourn the meeting at 8:31p.m.

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

                        Noes            0

 

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

Richard Skip DeValentino

Charlotte Bruce

Stone Henderson Filipovich

Ernest Kazmierczak

Helen Marie Kester

Millie Vanthoff

 

Respectfully Submitted,  

 

Patricia A. Frentzel
Town Clerk