Town Police Officer - Part-time
   The Grand Island Town Board will interview qualified applicants for part-time positions as town police officer. Applicants must possess current NYS Police Officer certification. Preference may be given to town residents. Applications may be obtained at town hall. Applications received by December 7, 2001 will be considered. For additional information contact Town Supervisor Peter A. McMahon or any member of the town board.

Town Advisory Board Openings
   The Town of Grand Island may have vacancies on one or more advisory boards in 2002. Advisory boards include Architectural Review Board, Cable TV Committee, Commission for Conservation of the Environment, Community Enrichment Council, Economic Development Committee, Historical Preservation Committee, Human Rights Commission, Library Board of Trustees, Parks & Recreation Advisory Board, Planning Board, Traffic Safety Advisory Board, Adult and Youth Members of the Youth Advisory Board, the Zoning Board of Appeals.
   Anyone interested in being considered for appointment of a board should submit a letter of interest:
Supervisor Peter McMahon
town Hall, 2255 Baseline Road
Please include any relevant experience or special talent in the letter. The application deadline is December 7th, 2001. For more information contact any member of the Town Board.

---

Zoning Board Sets Hearings
    The Town Zoning Board of Appeals has scheduled a number of public hearings for 7 p.m. December 6, 2001 to consider variances requested by Island property owners. The public is invited to speak for or against.
    Hearings will air requests for appeals for the following:
    - Michael Dowd for a variance to permit construction of an addition to existing home less side yard setback at 1571 Bronson Road
    - Deborah Napieracz, to permit construction of an additional 8.06'x6.34'area to square up the exixting footprint of the home in rear yard setback at 9 Towerwood Rd
    - Shella Daminski to permit construction of garage addition with less side yard setback than required at 974 Stony Point Road
    - Lyle R. Dinsmore to permit reconstruction of an existing building with less side yard setback than required at 1920 Baseline Road.

---

Town Sets Public Hearings

By Joelle Logue
   When the Town Board convenes Monday, December 3, 2001 at 8 p.m., it will hear comments on two items. Considered will be final plat approval for Phase 3 of Niagara River Estates that consists of seven lots off Ransom Road. Conditional approval of Phase 3 was granted by the board Monday. The other item is a special use application by Kenneth and Susan Sondel of Love Road for the keeping of five horses at 2743 Staley Road.
   There were no comments heard during a public hearing held on the Special Districts Assessment Roll for 2002 and the item was referred back to the Town Board.
   Two special use renewals were granted: one by David Wunsch for the keeping of two horses on 3.5 acres at 3072 Stony Point Road and another by Shirley Schultz for the keeping of five horses and a tractor on 15.5 acres at 2661 Fix Road.
   Upon Planning Board recommendations, the board voted to abandon Arlington Avenue off Bush Road as requested by Jon Albertson of 2477 Bush Road. Part of Map Cover 1247, the land was set aside as a ROW but was never deeded to the town. Albertson owns lots fronting on Bush Road on both sides of Arlington Avenue along with all the lots on the east side of Arlington. With the abandonment of Arlington, none of his land is landlocked.
   The board also approved a revised site plan for Fuccillo Chevrolet at 2000 Alvin Road which involves sheet draining the lot from the front of the garage so the water will go back into the wetlands.
   The Final Environmental Impact Statement for the proposed private airstrip at 2548 Love Road by Robert Mesmer was accepted by the town. It was noted that there were no comments received from the public on the project.
In other business, the board:
- Authorized the supervisor to sign agreement for Sprint PSC Tower to co-locate VoiceStream Communications on the tower provided the bike path be repaired and restored by Sprint at the Bedell Road site.
- Referred to the Personnel Committee and Town Attorney, a CSEA union request for the position of Dog Control Officer to be placed in the bargaining unit.
- Appointed Christopher Soluri to a provisional part-time position in the police department and agreed to advertise and interview for the position.
- Referred to the town attorney for follow-up a letter and petition by Robert Weaver requesting the installation of an entrance sign for Island Meadows Subdivision. The attorney was directed to inform the two homeowners protesting the sign.
- Authorized the supervisor to send a letter to any individual identified in Section 8A-6A who has failed to file the financial disclosure within the required time as requested by the Ethics Committee.

---

Town Advisory Board Positions Sought

By Joelle Logue
   With openings available on most of the Advisory Boards effective December 31, the Town Board agreed to advertise for members. All members of the Supervisor's Economic Committee serve for a term of one year and those members need to reapply or be replaced. The same is true for the Historic Preservation Committee.
   There are three openings on the Traffic Safety Advisory Board, one on Zoning Board of Appeals, two on the Conservation of the Environment Commission, one on Architectural Review, one on Cable TV, one on the Planning Board, one on Human Rights and one on the Library Board. There are also openings on Community Enrichment and Board of Assessment Review.
   Letters of interest should be sent in care of the supervisor, Peter McMahon, Town Hall, 2255 Baseline Road, by December 7, 2001.

PUBLIC MEETING NO. 21 Date: NOVEMBER 19, 2001

ROLL CALL:
INVOCATION: Trinity United Methodist Church
PLEDGE: Councilman Heftka
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of November 5, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. Special Districts Assessment Roll for the year 2001
CONSENT AGENDA
1. Traffic Safety Advisory Board - Minutes of Meeting: October 9, 2001
2. Department of Environment & Planning - Year 2002 Community Project Applications
3. National Tree Trust - Annual Report Acknowledgement
4. State Office of General Services- License for Buffalo Launch Club
5. State Comptroller & Association of Towns - Teleconference for Elected Officials
6. Erie County Personnel - Allocation of Positions
7. MRT, P.C. - Records Requests Concerning Municipal Franchisers
8. Cornell Cooperative Extension - Plans and Resources Available to Communities
9. Building Permits - October 2001
10. Zoning Board of Appeals - Minutes of Meeting: November 1, 2001
11. NYS Office of Real Property Services - Distribution of 2001 STAR Administrative Aid
12. October 2001 Animal Control Statistics
13. Planning Board - Minutes of Meeting: October 8, 2001
COMMUNICATIONS – TOWN BOARD
SUPERVISOR McMAHON
1. Adopt 2002 Budgets
2. Supervisor’s Monthly Report - October 2001
3. CSEA Request for Dog Control Officer Placement in Bargaining Unit
4. Authorize Advertisement for 2002 Advisory Board Appointments
5. Appointment of Grand Island Police Department
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. David Wunsch 3072 Stony Point Road - Keeping of Two Horses
B. Shirley Schultz 2661 Fix Road - Five Horses & Tractor
2. Special Use Application: Kenneth & Susan Sondel 2435 Staley Road for One or More Riding Animals at 2743 Staley Road
TOWN COUNSEL PETER GODFREY
3. Mesmer Airport - F.E.I.S.
4. Notification to Sublease on Sprint PCS Tower
PLANNING BOARD
5. Fuccillo Chevrolet 2000 Alvin Road - Revised Site Plan
6. Gary Halliwell 1925 Bedell Road - Recreational Pond
7. Jon Albertsson 2477 Bush Road - Abandonment of Arlington Avenue (off Bush Road)
TOWN ENGINEER JOHN PHILLIPS
8. Niagara River Estates Part 3 - Final Plan Approval ( 7 lots) Ransom Road
BOARD OF ETHICS COMMITTEE
9. Financial Disclosure Statements
COMMUNICATIONS - GENERAL
ROBERT WEAVER
1. Island Meadows Subdivision Entrance Sign
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Councilman Heftka’s Resolution Regarding Seneca Gaming Contract
2. Carpet for Reality Café
3. Rezoning R-1B to B-1 Michael Carr for Additional Parking and Breakfast Café at 1478 Ferry Road
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Marie Pinkoski Nanea

---

Public Hearing On Proposed 2002 Budget

By Sue Hillock
   With a handful of taxpayers in attendance, Town Clerk Nancy Samrany was the only person to voice an opinion on the supervisor’s recommended budget for 2002 at a public hearing held Thursday, November 8, 2001.
   Samrany said that while she understands that the town board could resolve her concerns at upcoming budget workshops, she felt it was her duty to voice her objections in two areas. First and most important was the proposed reduction of staff in the town clerk's office. The supervisor’s recommended budget would eliminate one full-time deputy clerk position if approved. Samrany said that her department had already undergone major staff reductions through the consolidation of the tax receiver and town clerk offices. She felt they were providing the same or better service with a staff of five as opposed to a pre-consolidation staff of 8.
   Samrany was also opposed to a $12,000 line item that would be used to incorporate a lock box system for tax payments. She said that she never agreed to the system, was not convinced of the projected savings, and felt she should be making the decisions in her department.
   The budget reflects close to a 10 percent increase over last year, some of that due to mandated increases for health care up $103,000, employee pay up $43,000 (a 3.5 percent pay increase across the board for union and non-union employees), Workman’s Compensation up $61,000 and state retirement up $25,230.
   The General Fund Rate is $2.55 per $1,000 of assessed value, a 3.7 percent increase over the 2001 rate of $2.46 per $1000. The proposed highway fund tax rate is $2.231 per $1000 of assessed value, an increase over the 2001 rate of $2.10 per $1,000.
   The Fire Company contract request is $651,350 along with a $24,000 contribution to the retirement system that fixes the fire tax rate for 2002 at $1.845 per $1,000 of assessed value, an increase over last year.
   Consolidated sewer districts will be taxed at $5.26 per thousand while consolidated water districts will be taxed at $6.28 per thousand on the land value only.
   The town board has scheduled budget workshops on Saturday, November 10 from 8-11 a.m. and Tuesday, November 13 at 7 p.m. The town board plans to adopt a budget at its next regularly scheduled meeting, Monday, November 19.

---

Island Rejects County/State Propositions

By Joelle Logue
   The state proposal to change the language of the constitution to be gender neutral was rejected by Island voters 1787 to 1445. Erie County also rejected the proposal but it passed statewide by a 56-44 percent margin.
   Islanders also turned down by a wider margin (2048-1287) a county proposition to incorporate the Erie County Cultural Resources Advisory Board and Erie County Public Benefits Advisory Board into the county charter. This proposal also failed countywide by a 59-41 percent margin. Had it passed, those boards would have been empowered to better oversee funding efforts and be responsible for accountability by those being funded.

---

Area Election Results

Republicans Sweep Council Seats


Republican winners Dan Robillard, Mary Cooke and Ray Dlugokinski

Democrat Randy White with his wife and five
children after hearing the election results
Barbi Lare Photos

By Joelle Logue
   It was déjà vu for two term councilwoman Mary Cooke Tuesday as she led the way to a third four-year term on the town board. Republican running mate and newcomer Dan Robillard earned the second seat beating out incumbent Democrat Michael Heftka. Democrat Eileen Torrence came in fourth, Conservative ‘Rus’ Thompson, fifth, and Tony D’Orazio, who was ousted in the Independence Party primary, garnered a number of write-in votes for sixth place.
   In her victory speech at the Niagara Sailing Club, Cooke talked about the new responsibility of Republicans to work together as a team in taking back control of the town board. Commenting that she and Dick Crawford would not be closed out any more, she added there would be no infighting or embarrassing surprises like the Democrats pulled over the past two years. She welcomed Dan aboard and invited everyone to attend “one great, great inauguration” on January 1, 2002.
   Grand Island Republican Party Chair Dick Planavsky called Dan Robillard the non-candidate who went door to door (4500 doors to be exact) to get the job done. Dan thanked his family for all their help and said his wife would be happy to get her kitchen table back. His priority as a board member will be on better decision making (decisions that are less costly and less painful to the taxpayer). Planavsky also thanked former highway superintendent Norm Mrkall for his personal endorsement of Dan.
   Democrat Mike Heftka, in commenting on his loss, said he gave his best effort over the past four years. “I worked hard and am disappointed my efforts didn’t earn me the privilege of a second term.”
   Highway Superintendent Ray Dlugokinski beat out his Democratic opponent Ken Carter to earn himself a second term. Ray praised his committee people and gave special credit to his wife.
   The only Democratic victory was Randy White whose three major party lines helped him win over Republican Timothy Mordaunt for town justice. White stole the Independence Party line from Mordaunt in the primary by just one vote and wasn’t anxious to comment Tuesday until all votes were counted. This was White’s first bid for a town judgeship. Mordaunt ran unsuccessfully two years ago against Town Justice Sybil Kennedy.
   In key county races, Islanders agreed with other districts by voting in Charles Swanick as Erie County legislator and by retaining Nancy Naples as Erie County Comptroller.

---

Town To Air
Proposed 2002 Budget Thursday

By Joelle Logue
   A public hearing on the supervisor’s draft of the Town Budget for 2002 will be held 7 p.m. Thursday, November 8, 2001 in town hall. The budget reflects close to a 10 percent increase over last year, some of that due to mandated increases for health care up $103,000, employee pay up $43,000 (a 3.5 percent pay increase across the board from union and non-union employees), Workman’s Comp up $61,000 and state retirement up $25,230.
   The General Fund Rate is $2.55 per $1,000 of assessed value, a 3.7 percent increase over the 2001 rate of $2.46 per $1000. General Fund Budget appropriations total $4,655,488 that is $221,147 higher than last year. The year end unappropriated Fund Balance for 2002 is projected at $342,375.
   The proposed highway fund tax rate is $2.223 per $1000 of assessed value, a 6.2 percent increase over the 2001 rate of $2.10 per $1,000. Highway fund appropriations would total $1,600,370, $44,452 less than the 2001 budget. This budget includes no appropriation for new equipment, but there are appropriations in the 2002 Capital Budget for two pieces of heavy equipment. A third piece of equipment is the subject of a grant application. The 2002 year end unappropriated Fund Balance is projected at $79,652.
   A reduction of four vehicles in various departments is also included in the 2002 Budget. The Fire Company contract request is $651,350 that fixes the fire tax rate for 2002 at $1.18 per $1,000 of assessed value, an increase over last year.
   The town board has scheduled several budget workshops following the public hearing – Saturday, November 10 from 8-11 a.m. and Tuesday, November 13 at 7 p.m. The town board plans to adopt a budget at its next regularly scheduled meeting, Monday, November 19.

---

Rustowicz Calls For Cuts In All Departments

By Joelle Logue
   Ignoring the fact that his resolution calling for town department heads to cut expenditures in order to achieve a 10 percent reduction in property taxes failed 3-2 at the October 19 town board meeting, Councilman Kevin Rustowicz re-introduced it Monday. This time it failed in a 4-1 vote, but not for lack of audience support.
   Rustowicz said his “2002 Property Tax Reduction Plan” was a way of doing business differently. He said we must “break down the paradigms and put some responsibility on department heads.” Citing that a lot of campaign literature focused on cutting taxes, reducing the supervisor’s budget plan and taking away the fat in government, he challenged the town board to think outside the box and let department heads (the experts in their respective fields) review their budgets and cut expenditures.
   According to his plan, Rustowicz said priorities would be given to budget items that reduce a threat to the health and safety of citizens, reduce overall operating costs for the town’s water and sewer districts or highway dept., provide a net increase of general revenue for the town, protect or prolong the life of assets maintained by the town, and those items which are determined to be ordinary and necessary expenditures for the town.
   Councilwoman Mary Cooke, in comments made after the meeting, maintained his plan wasn’t a plan at all because it didn’t give an outline on how to cut costs. “You don’t pass a budget by resolution,” she added. “It’s the town board’s job to come up with a budget, not the job of department heads. She said cuts would be made by hard work in budget workshops yet to come and that Rustowicz was doing nothing more than grandstanding.
   But Rustowicz emphasized the fact that the town hasn’t changed in 10 years and that Grand Island lacks a viable business community. He asserts a change in the budget process is what is needed to make a difference.

---

Town Board Refers
Projects To Planning Board

By Joelle Logue
   The Town Board, Monday, sent several items to the planning board for further consideration. Among the items was a request by Jon Albertson of Bush Road for the town to abandon a paper street known as Arlington Avenue.
   Also referred to the Planning Board were a revised site plan that would increase surface runoff to replenish the wetland area for the proposed location of Fuccillo Chevrolet; a request by Gary Halliwell of Bedell Road for site plan approval of a 0.11 acre recreational pond; and a request for Conditional Approval of Niagara River Estates Subdivison – Phase 3 (off Ransom Road).
   The board took no action on Michael Carr’s request for rezoning at 1478 Ferry Road from R-1B tp B-1 pending a variance from the Zoning Board to allow parking in the setback or solving the problem by combining this lot with the Village Inn Restaurant property.
   Special use renewals were approved for the keeping of one horse on four acres by Robert Luthringer at 2723 Staley Road and for the keeping of three horses on six acres by Susan Fadel at 2773 Love Road.
   A public hearing has been set for 8 p.m. Monday, November 19 for the purpose of hearing the Special Assessment Roll which is ready for inspection.
   Delinquent water and sewer accounts in the following amounts were added to the tax roll of 2002: Water ($163,901), sewer ($224,962), out of district sewer ($369.70), meters ($675) and miscellaneous charges ($265).
   The board approved the resolution of a claim for the digester heating and compressor system rehabilitation at the Wastewater Treatment Plant that was brought about when Joseph Davis Inc. refused to sign the original credit change order. In the resolution, Stearns and Wheler will reduce their original claim to $9,000, Joseph Davis has agreed to a $5000 credit, St. Paul Surety agreed to a $1800 credit and the town would be responsible for the balance.
In other business, the board:
• Authorized the publishing of a legal notice for the purpose of bidding the hauling of sludge from the Grand Island Treatment Plant to the City of Niagara Falls Treatment Plant.
• Approved retaining 13 individuals from part time seasonal to part time for the fall/winter adult and youth recreation programs and the hiring of six new individuals (five as lifeguards and one as a recreation assistant)
• Approved the transfer of Justin Bridenbaker to recreation assistant for five months effective November 1 at a rate of $10.43 per hour.
• Approved the hiring of Kathy Lechner as permanent part time driver for the Golden Age Center.
• Accepted with regret the resignation of John Gorton Jr. from the Parks and Recreation Advisory Board.
• Authorized the supervisor to sign an agreement with Stearns & Wheler to proceed with the town’s web enhancement project funded by grant money.
• Tabled a request to replace carpeting at Reality Café at a cost of $4000 due to the present purchasing freeze.

PUBLIC MEETING NO. 20 Date: NOVEMBER 5, 2001

ROLL CALL:
INVOCATION: St. Timothy Lutheran Church
PLEDGE: Councilman Crawford
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of October 15, 2001
Special Town Board Meeting of October 29, 2001 Regarding Community Development Block Grant
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: NONE
CONSENT AGENDA
1. Erie County: STOP-DWI Program
2. Erie County Department of Health: Agreement Regarding West Nile Virus
3. Erie County Department of Personnel: Communication Regarding PO-17 Van Driver PT
4. Warren-Hoffman & Associates, Inc.: Insurance Program – 2002-2003
5. NYS Dept. of Environmental Conservation: Proposed Pond Construction, Bedell Road
6. National Tree Trust: 2002 Community Tree Planting Grant
7. United States Department of Commerce: Census 2000 Block Maps
8. Erie County Industrial Development Agency: Uniform Tax Exemption Policy
9. Erie County: October Sales Tax Report
10. G. I. Memorial Library Board of Trustees Meeting Minutes:
July 26, 2001 and September 22, 2001
Commission for Environmental Conservation Meeting Minutes: August 9, 2001 and September 13, 2001
12. Zoning Board of Appeals Meeting Minutes: September 6, 2001 and October 18, 2001
13. Safety Committee Meeting Minutes: September 26, 2001
COMMUNICATIONS - TOWN BOARD
COUNCILMAN HEFTKA
1. Resolution regarding Casino Gaming
COUNCILMAN RUSTOWICZ
2. 2002 Budget Plan
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Robert Luthringer, 2723 Staley Road, Keeping of One Horse on Four Acres
B. Susan M. Fadel, 2773 Love Road, Keeping of Three Equine Animals (Horses) on Six Acres
2. Web Enhancement Proposals
TOWN COUNSEL PETER GODFREY
3. Request for Road Abandonment
TOWN ENGINEER JOHN PHILLIPS
4. Change Order for Project at Wastewater Treatment Plant
5. Revised Site Plan: Fuccillo Chevrolet, 2000 Alvin Road
6. Site Plan Approval: Recreational Pond, 1925 Bedell Road
7. Niagara River Estates Subdivision: Phase 3 Conditional Approval
WASTEWATER SUPERINTENDENT WAYNE CLINTON
8. Authorization to Publish a Legal Notice for Bidding of Sludge Hauling
9. Authorization to Publish a Legal Notice for Bidding Polymer for the Removal of Phosphorous at Wastewater Treatment Plant
WATER SUPERINTENDENT JOHN MARTIN
10. Delinquent Water and Sewer Accounts for 2002 Taxroll
RECREATION DIRECTOR LINDA TUFILLARO
11. Part-Time Hires for Fall/Winter Adult and Youth Programs
ASSESSOR DAVID UNMACK
12. Personnel Transfer
ASSESSOR DAVID UNMACK
13. Special Districts Assessment Roll
GOLDEN AGE CENTER DIRECTOR BARBARA GANNON
14. Change: Kathy Lechner from Seasonal to Permanent Part-Time Van Driver in Accordance with PO-17 from Erie County Personnel Department
REALITY CAFÉ
15. Carpet for Reality Café
COMMUNICATIONS - GENERAL
JOHN C. GORTON, JR.
1. Resignation from Parks and Recreation Advisory Board
ISLAND MARINE
2. Request for Temporary Certificate of Occupancy at 1080 East River Road
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Rezoning R-1B to B-1, Michael Carr for Additional Parking and Breakfast Café at 1478 Ferry Road
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Gene Masters
Eugeniusz ("Eugene") S. Kozek
Marie E. (Vaughan) Meyer
H. Bernard "Barney" Gingrich
Annie "Nancy" (Barnes) Stabell
Marie A. Davis

---

Town Board
Approves Contract for Road Repaving

By Lee Cohen
   Following a public hearing Monday night (Oct. 29, 2001) prior to a joint town board/school board meeting, the town board voted to contract through the Erie County Community Development Block Grant Consortium to repave the duplex area, including Carl, Ward Park, Blackmon and West Park roads.
   Residents of Falls Link Road presented a petition asking that repaving of that road be included in the contract, but Supervisor Peter McMahon cast doubt on whether it could be done, since the road is private property. The request was added to the motion, however, with the proviso that it must qualify for Community Development Block Grant funding in order to be paved.

---

Key Isle Races To Be Decided Tuesday

By Joelle Logue
   Election Day polls will be open from 6 a.m. to 9 p.m. in eight locations representing 15 districts Tuesday, November 6.
   Islanders will elect two town council members from a field of six who are campaigning for the seats. Mary Cooke, who seeks her third term, has secured three lines – Republican, Independence and Conservative. She faces off against another incumbent, Mike Heftka, who seeks his second term and has two lines – Democratic and Independence. Others given major party endorsements are Republican Dan Robillard, Democrat Eileen Torrence and Conservative John ‘Rus’ Thompson. Actively seeking a write-in vote is Tony D’Orazio who lost in the primary on the Independence line. Write-in votes are cast by lifting a door at the top of the race under consideration and writing in a name. Since two votes can be cast for the council race, once a write in vote is completed only one other lever can be pulled.
   In contention for the town justice post are Randy White who has three lines and Republican Timothy Mordaunt who ran two years ago against Town Justice Sybil Kennedy. Mordaunt or White will fill the seat of retiring Judge Eric Reimann.
   Incumbent Highway Superintendent Ray Dlugokinski is endorsed by the Republicans and Independents while Ken Carter is endorsed by the Democrats and Conservatives. The two faced off two years ago.
   Islanders will also vote for Erie County Sheriff – incumbent Patrick Gallivan versus Barbara Miller-Williams; Erie County legislator – incumbent Charles Swanick versus Kevin Hartwick; and County Comptroller – incumbent Nancy Naples versus Jeff Swiatek. Two of following four will be elected to Family Court Judgeships – Sharon Townsend, Patricia Maxwell, Lisa Rodwin and Joan Warren.
   Also to be decided Tuesday are two propositions, one state and one county. Ballot Proposal #1 advocates amending the state constitution to be gender neutral at no cost involved as it is reprinted on an annual basis. The Erie County Proposal would provide for a local law to amend the Erie County charter to include the Erie County Cultural Resources Advisory Board and Erie County Public Benefits Advisory Board in a more official role of the budget making process. The boards, which provide annual funding to arts groups and public programs, would oversee the funding effort and improve accountability of the groups receiving the funding.

---

TOWN BOARD WORKSHOP AGENDA:
Date MONDAY, NOVEMBER 5, 2001 - 6:30 P.M.
TOWN HALL CONFERENCE ROOM

I Executive Session
   A. Personnel Matters
II Agenda Review
III New Items
   A. OSC - Exit Interview
   B. Zoning Officer - regarding Temporary Signs
   C. Confirm Workshop - Code Enforcement date 11/13/01
   D. NYS Comments on Proposed Zoning Revisions
   E. US Soccer Grant
   F. Bond Escrow for Clay Mining
IV Continuing Items
   A. Drainage
      1. Town Wide
      2. Neighborhood
   B. Pesticide Use - Town Property
   C. Town Hall Signs
   D. DeGlopper Monument -Update Honor Roll
   E. Snow Removal Complaint
   F. Sign Ordinance - Update
   F. Water/Wastewater Reorganization
V. Roundtable

---

November 30 Last Day
For School Tax Payments

   Town Clerk Nancy Samrany reminds taxpayers that November 30, 2001 is the last day school tax payments can be made to the Town Clerk’s office. If you have changed banks, have paid off your mortgage or do not have an escrow account and did not receive a tax bill, please contact the Town Clerk’s office at 773-9600 ext. 620. Checks should be made payable to Town Clerk. Taxpayers should call the office for correct balance due. Personal checks are not accepted after November 15 and payments may be made until November 30, 2001. After this date, payments must be sent to the County.

Joint School Board/Town Board Agenda - October 29, 2001
7 P.M. - Charlotte Sidway Elementary School Dining Room
1. 7 P.M. - Call to Order
2. Pledge of Allegiance
3. Update on Past Cooperative Activities
   A. Gifts
   B. Youth Court
4. Current Activities
   A. Youth Advisory Board
   B. Job Search
   C. Advantage After School Program Grant
5. Future Activities
   A. Joint Investing of funds
   B. Tabletop/disaster simulations
   C. CPR (with Fire Co.) - Health Association
6. Discussion
   A. Ransom Road Parking

---

Board Salutes School Board


School Board Members Myrna Blair, Richard McCowan, Sue Gill and Dave Goris are shown with Supervisor Peter McMahon, second from left.
Barbi Lare Photo

By Joelle Logue
   The Town Board, Monday, recognized members of the Grand Island School Board by proclaiming the week of October 22-25 as School Board Recognition Week in the town. The proclamation cited trustees’ dedication to children and the community and referred to them as an invaluable resource as local decision makers responding to the needs of the community and serving the interests of school children.

---

Town Board Members Haggle Over Budget Process

By Joelle Logue
   A proposal by Councilman Kevin Rustowicz to reduce town expenditures by asking department heads to cut their 2002 budgets by ten percent led to much discussion during the board’s workshop and town board meetings Monday, October 15, 2001. His plan, as amended by Councilman Mike Heftka, who proposed an overall 10 percent budget cut that might not have affected every department, was ultimately defeated by a 3-2 vote.
   Calling his “2002 Property Tax Reduction Plan” a philosophical change in approaching the budget, Rustowicz said, “We must take the lead”…. “We need to change the way we do business” and “Look at the big picture for the good of Grand Island.” Referring to the fact that Grand Island is the second highest taxed town in Erie County and that there are some 30 vacant commercial and industrial properties on Grand Island Blvd., he added, “The town should put out the sentiment that we want to reduce taxes and bring business in.” Asking department heads, the experts, to cut costs seemed a reasonable approach to Rustowicz because they know their departments best.
   According to his plan, Rustowicz said priorities would be given to budget items that reduce a threat to the health and safety of citizens, reduce overall operating costs for the town’s water and sewer districts or highway dept., provide a net increase of general revenue for the town, protect or prolong the life of assets maintained by the town, and those items which are determined to be ordinary and necessary expenditures for the town.
   But Councilwoman Mary Cooke said his plan wasn’t a plan at all because it didn’t give an outline on how to cut costs. Furthermore, she contended that every department head would consider his items to be “ordinary and necessary expenditures.”
   Asserting that the budget process is mandated by law and already in place, Dick Crawford said the supervisor presents his budget and the town board members, in meeting with department heads, make adjustments to that budget through a series of workshops. He emphasized that it is the town board’s job, not the departments heads' job to put together a budget.
   Crawford and Cooke also referred to mandated increased medical costs (15 to 20 percent) that were beyond their control along with other contracts that had increases built in. Cooke reminded the board that she had voted against adding a full time employee with a full benefit package during this fiscal year, a move she contends had impacted the budget. And, she said, the board might have to look at cutting positions.
   Heftka, in supporting Rustowicz’ proposal as a goal rather than a plan, agreed that the town’s portion of the property tax was small in comparison to the county, but the town should take the lead and motivate others in reducing taxes.
   Supervisor Peter McMahon opposed Rustowicz’ resolution and said he had no knowledge of it prior to the workshop. Citing his five percent budget increase was based on mandated costs and a modest cost of living wage increase across the board, he felt it was inappropriate to put the burden on department heads to cut costs when it was clearly the job of the elected board.
   A public hearing on the proposed Town Budget will be held 7 p.m. Thursday, November 8, 2001. Budget workshops are scheduled for Saturday, October 20 from 8-10 a.m., Saturday, November 10 from 8-11 a.m. and, if needed, Tuesday, November 13 at 7 p.m. at Town Hall.

---

Special Use Permits Approved

By Joelle Logue
   The town board, Monday, approved special use renewals for the keeping of two horses by Kathleen Doldan at 1505 Huth Road and for the keeping of three horses by Lee and Joie Celano at 2341 Falls Link. Also approved was a request by Noreen Burke at 2989 Staley Road for the keeping of one or more riding animals. A barn and riding facility will be constructed on the property and horses will be kept at the location for eight months out of the year (November through March).
   Site plan approval was given to Michael Hooper at 2791 Bedell Road for construction of a 40x60 ft. storage building subject to proper screening with evergreens next to the length of the building. A request by Michael Carr for rezoning property at 1478 Ferry Rd. from R-1B to B-1 for additional parking and breakfast café was tabled while Carr considers combining this lot with the Village Inn restaurant property.
In other business, the town board:
• Authorized the supervisor to prepare, sign and submit a grant application titled “Grand Island Bike Trail Connect Project,” for $700,000 (town’s share is 20 percent). The project is designed to link the existing mutli-use trails and roadside bicycle shoulder pathways to create a seamless trail system.
• Authorized the supervisor to renew co-op resolution with City of Niagara Falls for the purchase of chemicals used for water and wastewater treatment.
• Approved Public Improvement Permit to construct approximately 2400 lineal feet of 12-inch diameter PVC Waterline along Alvin Road to service the proposed Fucilllo Chevrolet Dealership.
• Agreed to renew motor fuel supply contract with Grand Island Sales and Service Inc. for one additional year under the same conditions as the initial two-year contract.
• Authorized the supervisor to submit a PO17 to create a new position at the Golden Age Center for Kathy Lechner to permanent part-time to fulfill more transportation needs. She was previously seasonal part-time. This action does not impact hours or cost.
• Authorized the supervisor to sign a DEC Recycling Equipment matching grant that requests $18,802 from NYS Dept. of Environmental Conservation to provide 50 percent reimbursement for the town’s recycling program. This includes partial reimbursement for recycling bins and provides for the purchase of two Salsco Model 813 wood chippers.
• Received notification that the DEC gave a negative declaration for a pond project by Michael Dann at 1538 Baseline Road. • Acknowledged that $100 was raised by the Wastewater Dept. for the American Red Cross Relief Fund.
• Acknowledged a letter from Jean Yarwood to the NYS Park Police requesting round the clock park and marine patrol of Beaver Island State Park and Buckhorn State Park citing the vulnerability of these areas to possible terrorist infiltration.
• Accepted a revised map cover and storm and sewer easments for Island Meadows Subdivision.
• Set a public hearing for 6:45 p.m. Monday, October 29 for consideration of Community Block grants including one for the resurfacing of streets in the duplex area (Blackmon, West Park, Ward). • Urged residents to help out with the KidsVote project on election day by calling Lee Tetkowski at 773-3266 or contacting Supervisor Peter McMahon.

---

Town Restricts Parking Near High School

By Joelle Logue
   Responding to a request from the school district and residents of New England Village to restrict parking in the vicinity of the Grand Island High School, the town board, Monday, considered two resolutions.
   In a unanimous vote, the board prohibited parking on the entire length of Bishops Gate Road, and on portions of Foxcroft and Windham Lane (500 feet at the western ends of both roads) between the hours of 7 a.m. and 10 a.m. on days when school is in session at the high school.
   Another resolution prohibiting parking on the south side of Ransom Road between the easternmost dirveway and westernmost driveway at Grand Island High School/Middle School complex was referred to the town board for further study. Board members, in workshop, had several thoughts on the subject. Councilman Heftka suggested the parking ban might actually cause more problems. Dick Crawford felt that utilizing different soccer fields or changing schedules when both football and soccer games are planned could alleviate the parking overflow. All agreed no decision should be made until further discussion was held with school personnel and trustees.
   School Superintendent Paul Fields, in a letter to the supervisor, said the board would support any decision the town board made regarding parking, but reminded the board that a capital project that would expand student parking slots would be part of a long range solution to the problem.

---

Halloween Trick or Treat Hours Set

   The official trick or treat hours from the Town of Grand Island are 5-8 p.m. Wednesday, October 31, 2001. This year the town is advising that parents accompany children as they go door to door and carefully scrutinize all candy collected.

PUBLIC MEETING NO. 19 Date: OCTOBER 15, 2001

ROLL CALL:
INVOCATION: St. Stephen’s Roman Catholic Church
PLEDGE: Councilwoman Cooke
PUBLIC COMMENT - AGENDA ITEMS ONLY
PROCLAMATION: SCHOOL BOARD RECOGNITION WEEK
APPROVE MINUTES: Town Board Meeting of October 1, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M. NONE
CONSENT AGENDA
1. Home Energy Assistance Program (HEAP) Meetings
2. Board of Architectural Review - Minutes of Meeting: September 4, 2001
3. Building Permits - September 2001
4. Golden Age Center - Usage of Facilities and Vehicles for September 2001
5. Superintendent of Schools - Reply to "No Parking" Signs Request
6. DEC Notification of Application for Pond by Michael Dann at 1538 Baseline Road
7. Seneca Nation of Indians v. New York State, et al - Latest Order of Court
8. NY Senator Brown - Concern Over Lack of Patrolling at Beaver Island/Buckhorn Park
9. Planning Board - Minutes of Meeting: August 13, 2001
10. Erie County Budget Director - Submittal Deadline for Town Budget 2002
11. Assemblyman Hoyt - Concern Over Lack of Patrolling at Beaver Island/ Buckhorn Park
COMMUNICATIONS – TOWN BOARD
SUPERVISOR McMAHON
1. Monthly Reports - August & September 2001
2. Set Public Hearing for 2002 Budget
3. Parking Restrictions-Ransom Road/New England Village Subdivision
COUNCILMAN RUSTOWICZ
4. "2002 Property Tax Reduction Plan"
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Kathleen Doldan 1505 Huth Road House Two (2) Horses
B. Lee & Joie Celano 2341 Falls Link Keeping up to Three (3) Equine Animals
2. Resolution for Bike and Pedestrian Trail Grant
PLANNING BOARD
3. Special Use Application: Noreen Burke 2989 Staley Road - Keeping of One or More
Riding Animals
4. Rezoning R-1B to B-1 Michael Carr For Additional Parking and Breakfast Café at 1478 Ferry Road
5. Site Plan Approval for Storage Building by Michael Hooper 2791 Bedell Road
WASTEWATER SUPERINTENDENT WAYNE CLINTON
6. Authorization to Renew Co-op Resolution with the City of Niagara Falls
7. Wastewater Department Employees Donation to the Red Cross Relief Fund
TOWN ENGINEER JOHN PHILLIPS
8. Public Improvement Permit - 2400 linear feet of 12" Waterline for Fuccillo Chevrolet 2000 Alvin
9. Renew Motor Fuel Supply Agreement
TOWN COUNSEL PETER GODFREY
10. Island Meadows Subdivision Resolutions
GOLDEN AGE CENTER
11. Personnel Status Change
COMMUNICATIONS - GENERAL NONE
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. DEC Recycling Equipment Grant
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Richard J. Couch
Benjamin A. Spiesz
Donald O. Argy, Sr.
Annalta J. (Atkins) Mitchell

---

TOWN BOARD WORKSHOP:
Date MONDAY, OCTOBER 15, 2001 - 6:30 P.M.
TOWN HALL CONFERENCE ROOM

---

White Eeks Out Three Lines In Justice Race

By Joelle Logue
   It took more than a week to determine the Independence and Conservative party lines for town justice simply because the races were too close to call. However, Democratic candidate Randall White has apparently won both primary lines by a margin of one vote. A single absentee ballot decided his 44-43 Conservative Party victory over Republican candidate Timothy Mordaunt. White also won by one vote (41-40) to capture the Independence line. This is White's first run for a town justice seat on Grand Island while Mordaunt, former Republican chairman, lost his bid for a justice post to Sybil Kennedy in 1999. White will have an advantage in November having garnered three lines to Mordaunt's one line. Other primary results are as follows:
- Incumbent town board members Michael Heftka and Mary Cooke defeated Anthony D'Orazio Jr. and John 'Rus' Thompson on the Independence line with Heftka taking the most votes (51) and Cooke (48). On the November ballot will be five vying for two council seats - Cooke and Dan Robillard on the Republican line, Heftka and Eileen Torrance on the Democratic line, Thompson and Cooke on the Conservative line and Heftka and Cooke on the Independence line.
- In the Independence primary race for highway superintendent, incumbent Ray Dlugokinski won handily (51-17) over Joseph Lukasiewicz Sr. Dlugokinski, who has the Republican endorsement, will face Ken Carter who has the Democratic and Conservative lines. Both ran for the position in the 1999 race.

---

Former Grand Island Record Editor Joins e-News Staff


                  Joelle Logue
Barbi Lare Photo

Joelle Logue has joined the staff at Isledegrande.com and will cover town board news, town elections and contribute unbiased interviews with town officials and others. Former editor of the Island Dispatch for nine years, she went on to creating the Lewiston Porter Sentinel, the Niagara Wheatfield Tribune and the Grand Island Record, all of which she also edited.

---

Town Meeting On Code Enforcement Rescheduled

The October 17th Town Board Meeting regarding Code Enforcement has been cancelled and will be rescheduled during the workshop on October 15, 2001.

---

Town Puts Freeze on Discretionary Spending

By Joelle Logue
   Citing economic uncertainty and anticipated reductions of the town’s share of county sales tax, mortgage tax and/or supplemental state aid for the fourth quarter, the Town Board, Monday, October 1, 2001 voted unanimously to freeze spending for the balance of the current year. The action prohibits all new purchases, contracts or other spending in excess of $500 per item, without prior approval that would require submitting a purchase request to the town supervisor detailing the cost and justification for any item. In the unlikely case that fourth quarter revenues are unaffected, a larger Fund Balance would carry over to 2002 to offset any 2002 revenue losses.
     Supervisor Peter A. McMahon estimated there might be as much as $150,000 of “planned” but “discretionary” expenditures which would be subject to the freeze. In addition, he said the Supervisor’s Recommended Budget for 2002, discussed below, contains additional revenue reductions.
   Councilman Dick Crawford, concerned about employee overtime costs, said he hoped any overtime would be closely scrutinized to go along with the spending freeze. Councilman Michael Heftka requested that McMahon provide a list of approved expenditures at each Town Board meeting.
   In his 2002 budget, McMahon recommends a General Fund Rate of $2.55 per $1,000 of assessed value, a 3.7 percent increase over the 2001 rate of $2.46 per $1000. Fund Budget appropriations total $4,655,488 that is $221,147 higher than last year. This is based on the assumption that one deputy town clerk will be partially replaced through the use of lock boxes for tax payments. The year end unappropriated Fund Balance for 2002 is projected at $342,375.
   The supervisor’s recommended highway fund tax rate is $2.23 per $1000 of assessed value, a 6.2 percent increase over the 2001 rate of $2.10 per $1,000. Highway fund appropriations, suggested by McMahon, would total $1,600,370, $44,452 less than the 2001 budget. This budget includes no appropriation for new equipment, but there are appropriations in the 2002 Capital Budget for two pieces of heavy equipment. A third piece of equipment is the subject of a grant application. The 2002 year end unappropriated Fund Balance is projected at $79,652. A reduction of four vehicles in various departments is also included in the 2002 Budget.
   The Fire Company contract request is $651,350 that fixes the fire tax rate for 2002 at $1.18 per $1,000 of assessed value.
   Mandated increased costs within the budget include health care up $103,000, employee pay up $43,000, Workman’s Comp up $61,600 and state retirement up $25,230.
   McMahon’s budget will be the subject of town board budget workshops that result in a public hearing. Final 2002 budget adoption deadline is November 20, 2001 with a public hearing to be held no later than November 8.
In other business, the board:
• Authorized the supervisor to sign the Division for Youth Expenditures Reimbursement Voucher for 2000 in the amount of $6,401 for Recreation Youth.
• Authorized the supervisor to renew the HVAC Maintenance Service Agreement with M.J. Mechanical for four years at a cost of $1,960 per year.
• Acknowledged the apportionment of the four percent county sales tax for the month of September as $164,644.65 for the school district and $146,725.88 for the town.
• Referred to the Town Board, for review at a future date, the NYSERDA Energy Performance Contract.
• Approved a five-year lease with the Erie County Sheriff Dept. at 1856 Whitehaven for $2000 per month.
• Heard a complaint by Dr. Robert Lutnick of West Oakfield regarding a town law requiring a plumbing exam for those who wish to do plumbing in their own home. Feeling it is an impingement on his freedom, he also feels the law is an attempt to control plumbing services on the Island.

---

TOWN BOARD WORKSHOP: Changes/Revisions
SCHEDULE:
Additional Meeting Scheduled:
Tuesday, November 13, 2001 7:00 – 9:00 p.m. Zoning – Final Draft
Change to Existing Meeting:
Monday, October 29, 2001 7:00 p.m. - ? Changed from 2002 Budget to JOINT TOWN BOARD/SCHOOL BOARD MTG.
TOWN HALL CONFERENCE ROOM

---

Town Accepts DEIS For Airstrip

By Joelle Logue
   A resolution accepting the Draft Environmental Impact Statement (DEIS) for the proposed private airstrip by Robert Mesmer at 2548 Love Road was passed and adopted by the Town Board October 1. The DEIS, which addresses potential environmental impacts such as geology, noise, community character etc., was required by the board in response to a special use application by Mesmer who is requesting permission to have the private airstrip on the 16-acre site.
   The DEIS will be on file in the Town Engineering Dept. and written comments will be received by the town engineer on the project until the close of business November 12, 2001.

---

Special Use Renewals Granted

By Joelle Logue
   The Town Board approved several special use renewals at its October 1, 2001 meeting.
   Citing no change in use, the board approved the operation of Grand Island Garden Center at 2120 Alvin Road, the keeping of one or more riding animals by Dean and Don Duguay at 2858 Staley Road and the personal use of two horses by Cathleen Shaw at 3054 Stony Point Road. Also approved was the keeping of four horses on four acres by Paul Ianni at 828 East River and a revised entrance layout for Fairway Greens to include a landscaped island.
   Following comment by Peter Godfrey, attorney for the town, the board tabled approval of the DEC Recycling Equipment grant. Referred to the town attorney was a proposed revision to the entrance of Jamestown Road in Island Meadows Subdivision. Concerned about the plan were Bedell Road residents Robert and Welltha Rutland who spoke during the public comment period.
   Referred to the Planning Board was site plan approval for a storage building at 2791 Bedell Road as requested by Micheal Hooper.

---

Ethics Committee Members Appointed

By Joelle Logue
   The Town Board, Monday, October 1, 2001 named the following residents to its newly formed Ethics Committee: Kimberly Glessner, Michael Rossi, Chris Learman, Frank Kedzielawa and Dennis Badame. The Committee was formed to examine problems or areas that might involve conflict of interest with regard to department heads and elected officials.
   Based on the Code of Grand Island Code of Ethics Law, the Committee will help to see that ethical standards are conformed to, require public disclosure of financial interests that may influence or be perceived to be influencing actions of town officers and employees to minimize unwarranted suspicion and to provide for fair and effective administration. Designed to meet on a need only basis, the Committee will hold a preliminary meeting to organize.

---

Electrician Exam Set

By Joelle Logue
   A license exam for Master Electricians has been scheduled for Saturday, December 15, 2001. Applications, which must be received by 5 p.m. Wednesday, November 14, are available in the Building Department of Town Hall.

---

Fish Health Alert

By Joelle Logue
   A flyer from the State, Erie County and Chautauqua County Health Departments warns that some sheepshead from Lake Erie contain botulism poison that can cause illness and even death. Other fish and waterfowl may be affected as well. It is advised that no fish or waterfowl that act abnormally or seem sick should be eaten. Gloves or a plastic bag should be used in handling of dead or dying fish or waterfowl.

---

Garbage Pick Up Dates Unchanged

By Joelle Logue
   Despite the fact there are two upcoming holidays on the calendar, there will be no change in garbage pick up days. Columbus Day, celebrated October 8, 2001 will not change garbage and recycling days. Neither will Veterans Day, November 11, which this year falls on a Sunday.

PUBLIC MEETING NO. 18
Date OCTOBER 1, 2001

ROLL CALL:
INVOCATION: Island United Presbyterian Church
PLEDGE: Councilman Rustowicz
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of September 17, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M. NONE
CONSENT AGENDA
1. 2001 Erie County Summer Youth Employment Program
2. Anchor Marine Application for Boat Marina License for 108 Boat Slips
3. State Senator Brown’s Acknowledgement of Board Resolution for 800 Mhz System
4. Chamber of Commerce - Thanks for Island Treasures Festival
5. Governor Pataki’s Acknowledgement of Support for 800 MHZ Communication System
6. Adelphia Cable - New Rate Structure for Power Link
7. Advantage After School Program Report
8. Safety Committee - Minutes of Meeting August 29, 2001
9. Erie County Health Department - Approval of Island Meadows Subdivision Part I
10. NYS Division of Criminal Justice - Use and Dissemination Agreement with Town
11. Information on State Grants Funded through the Clean Water/Clean Air Bond Act
12. Traffic Safety Advisory Board - Minutes of Meeting August 14, 2001
13. Troy & Banks - Examination of Adelphia Franchise Agreement with the Town
14. Zoning Board of Appeals - Minutes of Meeting September 6, 2001
15. Erie County Department of Health - Health Alert/Certain Lake Erie Fish
16. Erie County Comptroller - September 2001 Sales Tax Revenue
COMMUNICATIONS – TOWN BOARD
SUPERVISOR MCMAHON
1. Resolution of an Agreement with Erie County Department of Health, West Nile Virus
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Gene Ryshkus/Grand Island Garden Center 2120 Alvin Road for Agriculture- Nursery (Gardening)
B. Paul Ianni 828 East River Road Keeping of Three (3) Riding Horses
C. Dean & Ronald Duguay 2858 Staley Road Keeping One or More Riding Animals
D. Cathleen Shaw 3054 Stony Point Road Personal Use of Two (2) Horses
-2- 10/01/2001
2. DEC Recycling Equipment Grant
TOWN ENGINEER JOHN PHILLIPS
3. HVAC Preventive Maintenance Contract at Library & Parks Building
4. Site Plan Approval 2791 Bedell Road for Storage Building
5. Proposed Revision to Jamestown Road Entrance - Island Meadows Subdivision #4
6. Revised Entrance Layout Fairway Greens - Phase 2
RECREATION DIRECTOR LINDA TUFILLARO
7. Division for Youth Expenditures
TOWN ATTORNEY PETER GODFREY
8. Airport Project - Robert Mesmer 2548 Love Road
9. Lease - Erie County Sheriff Department
COMMUNICATIONS - GENERAL NONE
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Don Mesler
Joseph Esack

---

Town Board Report

By William O'Connor
   A public hearing was held at the Monday, September 17, 2001 town board meeting to discuss prohibiting parking between the hours of 7 a.m.and 10 p.m.in the New England subdivision next to the high school. Area residents submitted 200-signature petition in support of the move, at the September 4 town board meeting.
   "If they're not allowed to park at the school they shouldn't be allowed to park on our street," said Thomas Taylor of Foxcroft Lane, who added that high school children were causing a "lot of problems" by hanging out littering and smoking.
   The restrictions would make the "kids in the neighborhood a lot safer;" inexperienced teenage drivers are "burning rubber" when they drive through, said William Tompkins of Bishop's Gate.
   Teen parking near the school has been "a problem for 32 years," said former councilman Gail J. Lazenby of Sandy Beach Road. He added that the problem might go away if students had to pay parking tickets or find out that their cars were towed due to many violations.
   No one spoke against the restrictions in spite of the fact that there were several high school students attending the meeting for a school assignment.
   The board referred the matter to a future meeting. council member Michael E. Heftka said that the board should decide the issue at the Monday, October 1, meeting but council member Mary S. Cooke disagreed, saying that the board should study the problem, and solve it; "not just move it" to another street like "Tracey Lane."
   A public hearing was also held for Michael Carr to rezone 1478 Ferry Road from residential (R-1B) to business (B-1), to allow for additional parking and a Breakfast Café for the Village Inn Restaurant. Joanne Carr spoke in favor of the project saying that it would enhance the character of the neighborhood. No one spoke against it.    The matter was referred to the Zoning Board.
   The board received notice from the County announcing plans to do a "tube count" traffic study for the proposed Wilson Farms convenience store and gas station at the corner of Ransom and Stony Point from Friday, September 21 through Monday, September 24.
   Kim Tetreault of the Concerned Citizens of Grand Island said that the timing of the count is poor; that the result would not be representative because less people attend the school on Mondays and Fridays; there are no adult education classes on Friday; no special events during the time period; and no varsity football game scheduled for that weekend. Tetreault said that having a count on this weekend would be against a "resolution of the town," and that she had a "sad feeling" that this weekend was chosen due only because of the availability of the equipment.
   The board held a workshop session after the meeting to discuss the matter. As of Wednesday, September 19, the town has contacted the county to possibly change the date, but there is no word on if the time of the count will be changed.
   The Town Board also:
   -Suspended the rules to allow the owner of Park Place Subdivision (near Harvey Road between Staley and Whitehaven Roads) to do "Public Improvement" excavation work for storm water control, during the now favorable weather conditions. Robert Livingston, the owner of the project thanked the board for their quick action after the meeting. Council member Kevin Rustowicz expressed his dissatisfaction with the building department's "unprofessional" handling of the project. Rustowicz claimed that he was not notified about the project until the board's 6:30 workshop meeting on Monday. Council member Cooke said that she and the other council members were also not notified. The measure passed 5-0.
   -Received a copy of a letter from NYS Senator Byron Brown and Assembly member Sam Hoyt requesting a meeting with a "top official from Albany in charge of setting E-Z Pass policy." Recently, E-Z Pass complaints "have besieged our offices," according to the letter.
   -Received notice from Erie County that there will be a "Computer Recycling Drop-off Day" Saturday, September 29, 2001 from 9 a.m.- 2 p.m. at the Southgate Plaza, Union Road and Seneca Street in West Seneca. For more information call 858-6370.
   -Voted to install a T-1 data line to share tax assessment and other information with the county government.
   -Made the following appointments: Grand Island E-News Editor Teddy Linenfelser - Town Historian; Joan Droit - Assistant Historian for Special Events; Carol D. Harvey - reappointed to the Assessment Review board; Brandon Wright and Robert Meyer, part time animal control officers (for weekend and holiday duties); Susan Quagliana, Substitute School Crossing Guard.
From the floor:
   Gail Lazenby thanked McMahon arranging the Sunday Memorial meeting for the victims of last Tuesday's terrorist attacks. Lazenby suggested that the town should offer to send some of its "uniquely qualified" municipal employees to New York City, at the town's expense, to help rebuild after the tragedy. Lazenby said that he would have "No problem with my tax dollars going to that effort."
   Rus Thompson who is campaigning for a Council member position told the audience he suspended his campaign since the attack, then mentioned his Tuesday "public meetings." McMahon accused Thompson of making a "political announcement" at the meeting, and asked that he not do it again. Thompson then mentioned his web page at isledegrande.com
   Closing the meeting, McMahon said that there might be construction delays (depending on the weather) exiting Grand Island on the North and South Grand Island Bridges this weekend; and that travelers may want to leave a half-hour early for off-island events.
   He also praised Grand Island residents for their response to the Terrorist attacks, noting that a Harvey Road resident went door-to-door collecting more than $400 for the Red Cross; Children from Saint Stephen School collected $500 for the relief effort; and more than 1000 residents showed up for the Sunday Memorial Service.

---

Primary Election Tuesday September 25th, 2001

   Erie County Board of Elections Commissioners Laurence F. Adamczyk and Ralph M. Mohr announce the 2001 September Primary Election has been rescheduled for Tuesday, September 25th, 2001.
   Any votes cast on the voting machines on September 11, 2001 will not be counted. All voting machines will be reset for voting. Hours for voting in Erie County will be 6 A.M. to 9 P.M. Vote at your regular polling place.
   Absentee voter ballots that have been voted will be valid. The Board of Elections will continue to accept absentee applications and ballots. Applications will be accepted for voters who will be out of the county or ill on Tuesday September 25th. The last day to apply by mail is Friday September 21st.
   The Board of Elections will remain open additional hours for voting absentee as follows:
Tuesday September 18th 9 A.M. to 7 P.M.
Thursday September 20th 9 A.M. to 7 P.M.
Saturday September 22nd 9 A.M. to 7 P.M.
   Please call Town Clerk Nancy J. Samrany if you have any questions.

---

2001/2002 School Tax Bills

   Town Clerk Nancy Samrany announced that the 2001/2002 School Tax Bills have been mailed. "If you have changed banks, have paid off your mortgage or do not have an escrow account and did not receive a tax bill, please contact the Town Clerk’s office at 773-9600 ext. 620." The office will be open 9 a.m.-1 p.m. Saturday, October 13, 2001. Checks should be made payable to Town Clerk. The last day to pay without penalty is October 15, 2001. Envelopes must show a legible postmark of October 15, 2001 to be accepted on time. Taxpayers should call the office for correct amounts for payments made October 16, 2001 and later. Personal checks are not accepted after November 15, 2001 and payments can be made until November 30, 2001. After this date, payments must be sent to the County.

PUBLIC MEETING NO. 17
Date SEPTEMBER 17, 2001

ROLL CALL:
INVOCATION: Emmanuel United Methodist Church
PLEDGE: Councilman Heftka
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board meeting of September 4, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. Special Use Application: Noreen Burke 2989 Staley Road - Keeping Of One or More Riding Animals
2. Rezoning Application: Michael Carr 1478 Ferry Road - R-1B to B-1 for Additional Parking and a Breakfast Café
3. Request for "Restricted Parking" Signs - New England Subdivision Residents
CONSENT AGENDA
1. Animal Control Statistics - August 2001
2. International Conference of Building Officials (ICBO) - Code Development Hearings
3. Golden Age Center - Usage of Facilities & Vehicles for August 2001
4. County Computer Recycling Drop-Off Day
5. NYSDOT - Realignment of Areas of Responsibility for State Highways/Erie County
6. Erie County Department of Public Works - 24 Hour Mechanical Traffic Counts of Stony Point/Bedell/Ransom Roads
7. Building Permits - August 2001
8. Board of Architectural Review - Minutes of Meeting: August 7, 2001
9. Zoning Board of Appeals - Minutes of Meeting: August 2, 2001
10. Grant Consultants - Parks and LWRP Grant Applications
11. Community Development Block Grant Project Application Process Briefing 12. Highway Maintenance/Repair Cost Savings Analysis
13. Inventory for Highway Department Machinery, Tools & Equipment
14. Evenson Dodge, Inc. - Annual Continuing Disclosure Report
15. NYS Legislature Letter Requesting EZ Pass Meeting on Grand Island
16. Niagara Mohawk Western New York Digital Towpath E-Government Project
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. Buffalo Triathlon and Beaver Island Sprint Triathlon 9/17/2001
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Eleanor Burg 3030 Stony Point - Stable Horses (up to 2 equine) on 3.5 acres
B. Laura & Steven Gorcheck 5302 East River - Equine Animal (one Horse)
COMMUNICATIONS - GENERAL
CAROL D. HARVEY
1. Reappointment to Grand Island Board of Assessment Review
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Appoint Town Historian
2. Crossing Guard Hire
3. County of Erie Division of Finance - T-1 Data Line Installation
4. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT

In Memory of:
Those Who Died on September 11, 2001 in the Attack on America
Martin H. Doebert, Jr.
Agnes Hartley

---

TOWN BOARD WORKSHOP:
Date MONDAY, SEPTEMBER 17, 2001 - 6:30 P.M.
TOWN HALL CONFERENCE ROOM

---

Town's Temporary Skate Park Reopens

Mike Mehltretter photos
   Town of Grand Island officials were on hand under sunny skies Monday afternoon to open the temporary skate park behind the Grand Island Memorial Library. Town board members shown left are Dick Crawford, Kevin Rustowicz, Mary Cooke, Mike Heftka and Supervisor Peter McMahon.

---

GRAND ISLAND TOWN BOARD WORKSHOP SCHEDULE:
Date Saturday, October 13, 2001 - 8:00 – 10:00 a.m. 2002 Budget
Date Wednesday, October 17, 2001 - 7:00 p.m. - ? Code Enforcement Reorganization
Date Saturday, October 20, 2001 - 8:00 – 10:00 a.m. 2002 Budget
Date Monday, October 29, 2001 7:00 p.m. - ? 2002 Budget
TOWN HALL CONFERENCE ROOM
2255 BASELINE ROAD

---

NO PARKING!!!

By William O'Connor
   The Grand Island Town Board held a public hearing at its Tuesday, September 4, 2001 meeting to discuss erecting "No Parking" signs on Ransom Road, in front of the Grand Island Middle and High Schools.
   The restriction was requested by the Grand Island School Board and by the parent of a student, struck and injured in a traffic accident in front of the schools last spring. Students, parking cars on Ransom across from the schools, are causing traffic problems for homeowners and pedestrians, who cannot see oncoming traffic on the busy road.
   The town board referred the matter for future consideration.
   Dolly D'Orazio of Tracey Lane commented that parking at the schools might be inadequate during concerts and other events.
   Supervisor Peter A. McMahon agreed with D'Orazio and noted that the New England subdivision just to the east of the School is also requesting no parking signs.
   Residents in that neighborhood collected 91 signatures on a petition that says: "1) Traffic is restricted to one lane. 2) Students gather around the parked cars smoking/drinking before, during and after school hours. 3) Debris such as bottles, papers, cans etc. are strewn on the homeowners' lawns, driveways and empty lots. 4) Students gather and sit on the road - not allowing traffic to proceed safely. 5) Snow removal is restricted, since the plows cannot clear the road with cars on both sides of the road.
   Residents request that the town "immediately" erect signs forbidding parking in their neighborhood Monday through Friday, from 7 a.m. to 10 p.m. A public hearing has been scheduled for the September 17 town board meeting to discuss the proposed restrictions.
   Council member Michael E. Heftka announced the beginning of "Project Alert," to make residents aware that school is open and people should drive carefully. Heftka credits State Senator Byron Brown, Grand Island Resident Charlene Drexelius, State Police Sergeant Ron Warner, Grand Island Schools Transportation Director Jack Burns and the Grand Island Traffic Safety Council for the project.
   Project Alert features lawn signs and an electronic message board at the corner of Grand Island Boulevard and Baseline Road. The signs are available in the Town Clerk's office in the town hall.
   In another related matter the board received a letter from NYS Police Superintendent James W. McMahon requesting support for the upcoming "Buckle Up New York" campaign enforcement wave. The stepped up enforcement will run from September 7-16.
   In other action, the board:
   Appointed Architect Frank Burkhart Jr. of Ransom Road to the planning board. Burkhart will serve until the end of this year, completing the term of David Eberl who resigned the board due to illness and died shortly thereafter.
   Received a letter from the U.S. Justice Department, which explains its position in the Seneca land claim lawsuit saying: "If the United States were to withdraw its claims against New York State, the action by the tribes against the private landowners would continue. However, the State could seek dismissal by raising its sovereign immunity under the Eleventh Amendment. This would leave only the private landowners as defendants in the land claim, and would place them in greater jeopardy of being liable. Therefore, the United States believes that it is important to remain a party against New York State to ensure that the State, and not the private landowners, remains accountable for any remedy, and thereby provide the private landowners with a shield against potential liability in an action by the tribes."
   Voted to hold a public hearing at the next board meeting to discuss rezoning 1478 Ferry Road from R1B to B1. The move would allow for additional parking and a Breakfast Café next to the Village Inn (a popular restaurant in the Ferry Village neighborhood).
   Voted 3-2 to advertise for bids for a remote controlled video camera system to examine the town's sewer system. Council members Heftka and Kevin M. Rustowicz voted against the bid saying that the equipment is very expensive and that other alternatives should be studied. Council members Mary S. Cooke and Richard W. Crawford, Jr. and Supervisor McMahon voted for the bids saying that the town will save labor costs and the expense of hiring someone else to do the work if they buy the equipment.
   From the floor Independence Party activist Mike Sendlbeck credited an unnamed donor for fighting in the courts to have "open" primary elections next Tuesday. Four candidates on Grand Island and eighty-two in Erie County would not have been on the ballot due to the political maneuvers of Erie County Legislator Charles Swanick according to Sendlbeck.
   In their closing statements, Heftka and Cooke urged everyone to participate in the Great Lakes Beach Sweep Saturday, September 15, from 9:30 a.m. - noon. Participants should meet at the Riverside Salem Church 3449 West River Rd.
   Councilman Heftka added that the Grand Island Chamber of Commerce is having its Island Treasures event on Whitehaven Road next to the Grand Island Town Hall on the same day and after the "Sweep" people should visit the "Treasures" festival.
   Supervisor McMahon urged everyone in the audience to "exercise their most sacred right" by voting in the primaries next Tuesday, September 11, 2001.

---

Burkhart Appointed To Planning Board
   Local architect Frank Burkhart of Ransom Road was appointed to the Planning Board Tuesday. The appointment was made by the town board to fill the unexpired term of David E. Eberl who resigned in July. Eberl, a 12-year planing board member, gave up his post due to poor health and died on August 12, 2001.
   Supervisor Peter McMahon said Burkhart will likely be considered for reappointment to a full seven-year term after this term expires. "His job experience certainly makes him well-qualified," McMahon said.

---

Planning Board Meeting Cancelled
    There will NOT be a Planning Board meeting this month. The next regularly scheduled meeting is October 8, 2001.

PUBLIC MEETING NO. 16
Date SEPTEMBER 4, 2001

ROLL CALL:
INVOCATION: New Apostolic Church
PLEDGE: Councilman Crawford
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of August 20, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. "NO PARKING" SIGNS POSTED ON RANSOM ROAD
CONSENT AGENDA
1. Safety Committee - Minutes of Meeting: July 25, 2001
2. New York State Attorney General Spitzer - "Neighborhood Watch Conference"
3. "Buckle-Up New York" Campaign Enforcement
4. Department of State - Revision of Local Waterfront Revitalization Program
5. County Comptroller - Report of Sales Tax Revenue
COMMUNICATIONS – TOWN BOARD
SUPERVISOR McMAHON
1. Office of the Director of U.S. Attorney General - Indian Land Claim
2. Use & Dissemination Agreement with NYS Division of Criminal Justice Services
3. "Rebuilding Erie County’s Communication Services" via Wireless Surcharge Fund
4. Extension - Site Plan Amendment for 2409 Whitehaven Road
5. Appoint Planning Board Member
6. Appoint Town Historian
COUNCILMAN CRAWFORD
7. Crossing Guard Hire
COUNCILMAN HEFTKA
8. "Project Alert"
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewal: John Ventry 3440 Stony Point Road - One (1) Horse
2. Special Use Application: Noreen Burke 2989 Staley Road for Keeping of One or More Riding Animals
3. Rezoning Application: Michael Carr 1478 Ferry Road R1B to B1 for Additional Parking
& a Breakfast Cafe
HIGHWAY SUPERINTENDENT RAY DLUGOKINSKI
4. Permission for Signs to Comply with Uniform Traffic Control Manual
HIGHWAY SUPERINTENDENT & TOWN ENGINEER
5. Change Order - Bituminous Resurfacing of Various Town Roads
COMMUNICATIONS - GENERAL
NEW ENGLAND SUBDIVISION RESIDENTS
1. Request for "Restricted Parking" Signs
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. County of Erie Division of Finance - T-1 Data Line Installation
2. Snyder Industries 2671 Bedell Road - Site Plan for Building Addition, Additional Parking
and Two (2) Tracks for Radio Controlled Cars
3. Wastewater Superintendent - Authorization to Advertise for Bids CCTV Video
Inspection System
4. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Elizabeth Marie (Stack) Blackstock
David E. Eberl
Christopher P. Martin

---

Town of Grand Island
DOG CONTROL OFFICER


   The Town of Grand Island announces the opening for a Dog Control Officer (weekend/part-time) position. The successful applicant will respond to animal complaints on weekends and holidays. Starting pay is $10.43 hr. There are no minimum number of hours. A valid NYS drivers license is required. Previous animal control experience helpful. Interested persons should apply in writing to: Supervisor Peter McMahon, 2255 Baseline Road, Grand Island, NY 14072. For additional information contact ACO Greg Butcher, 773-9654 or any town board member.

---

Traffic Study Ordered for Wilson Farms

By William O'Connor
   The Grand Island Town Board approved the Scoping Document for the Supplemental Environmental Impact Statement (SEIS) of the Proposed Wilson Farms convenience store and gas station at the corner of Ransom and Stony Point roads during the Monday, August 20, 2001, meeting. The document includes a four day, 24 hour mechanical traffic count, which will include two weekend days.
   The goals of the study are to "identify the peak hours" and "total traffic" in the area of the proposed development, according to Supervisor Peter A. McMahon.
   The traffic study, which was added to the document at the last minute before the meeting started, is seen as a victory by the Concerned Citizens Group who is opposed to the project.
   The traffic count is a "neighborhood issue," not just an issue of the number of cars and peak periods, said Concerned Citizen Kim Tetreault. She added that the count would help measure the effect that traffic would have on the "character of the community."
    "We were told," not consulted about the traffic count, said Marla DePan Brown who represents Parkland Development, the owners for the project. Brown told E-news that she first heard about the board's decision regarding the count just before the start of Monday's meeting. Parkland and development partner Tops Markets conducted a manual traffic count last spring, which they feel is sufficient. They also feel that the SEIS, including the mechanical count, is costly, unfair, and unnecessary.
   The study will be funded by Erie County, according to town officials.
   Council member Mary S. Cooke voiced concern over the method of ordering the study. She criticized the other board members for amending the document at the last minute and suggested that the board is wasting county tax dollars on a study that would most likely confirm what the traffic "professionals" have already told them.
   The board voted 4-0 to adopt the document. Council member Richard W. Crawford Jr. was excused from the meeting.
   The Town Board also:
   -Tabled a proposal to do an energy conservation audit. In a workshop session before the meeting, board members met with Senior Project Engineer Jeff Zdrojewski from Malcolm Pirnie Associates. Zdrojewski explained to the board how the audit would be financed and some of the ways it could possibly save the town money with products like newer lighting systems, new boilers, better insulation, and timers and motion detectors to control light and heat. The issue will likely be considered during the Tuesday, September 4, meeting.
   -Tabled approval for Erie County to install a data cable connecting the Erie County Hall and the Grand Island Town Hall to share tax assessment information. Council member Michael E. Heftka made the motion to table after expressing concern that there may be hidden costs associated with the installation.
   -Authorized the Supervisor's signature on three Grant applications. The grant monies, if approved, will fund improvements to Veterans Park, a bicycle path, and an after school youth program.
   -Approved the planning board's decision not to reconsider its decision regarding the Majestic Woods sub-division. The decision means that the developer will use conservation easements on private property to preserve 38 acres of wetland contained within the project. The developer tried unsuccessfully to deed the wetlands to the town. The proposed development is adjacent to the S-curve on Stony Point near Ransom.
   -Approved a request from Fuccillo Chevrolet revising its Alvin Road site plan to include two buildings instead of one. Fuccillo representatives say that the move will eliminate space for 25 cars, but make it possible for them to hire more workers.
   -Referred to the town attorney the planning board's questions about the town board decision to approve the Skate-Able site plan on Grand Island Boulevard without referring it to any other committee. For more information about the planning board's questions, see the August 16 edition of Grand Island E-News.
   -Approved a public hearing for 8 p.m. September 4, 2001 at the town hall, to install "no parking" signs on Ransom Road in front of the high school. People living on Ransom complain that cars parked in front of their houses make it difficult and dangerous to leave their driveways.
   -Authorized the town's acceptance of the second lowest bidder for repairs and improvements to Alt Boulevard and Bush Road. The second bidder was approved because the lowest bidder illegally "front loaded" his contract. Front loading a bid makes it possible for a contractor to collect most of his funds during the initial stages of the construction allowing him to make money by quitting the job illegally before it is finished, according to McMahon.
   In his closing statement, Council member Heftka stated that, according to information he received from Recreation Director Linda Tufillaro, the town's temporary skate park in Veterans Park will likely be completed and ready for use by August 29, 2001.

---

Zoning Board Sets Hearings
    The Town Zoning Board of Appeals has scheduled a number of public hearings for 7 p.m. September 6, 2001 to consider variances requested by Island property owners. The public is invited to speak for or against.
    Hearings will air requests for appeals for the following:
    - Deborah Napieracz for a variance to permit construction of front porch with less front yard setback and construction of rear addition with less rear yard setback than required at 9 Towerwood Road
    - John Shanor for a variance to permit construction of storage building/garage with the capability for the storage of 4 or more vehicles where there are existing garages for 4 vehicles at 751 East River Road
    - James Wopperer for a variance to permit construction of a dock with boat lift with less side yard setback than required at 2264 East River Road
    - Paul Gast for a variance to permit construction of 3-car garage where there is an existing 2-car garage and with height in excess of 15' at 2588 Fix Road
    - Reg Schopp for a variance to permit construction of an addition with less front yard setback than required at 1029 West River Road
    - David Henderson for a variance to permit construction of a front porch and steps with less front yard setback than required at 1592 Love Road
    - Keith and Karen Call for a variance to permit the installation of an accessory structure with less side yard setback than required at 104 Marilyn Dr.
    - John Turck for a variance to permit construction of a fence with less side yard setback than required at 15 Lakeview Dr.
    - Paul Bartosz for a variance to permit construction of a deck closer to the rive