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 17th of May,
2004.
Present:
Peter A. McMahon Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Daniel
F. Robillard
Councilman
Patricia Frentzel
Town Clerk
Peter Godfrey
Town Attorney
Raymond Dlugokinski Highway
Superintendent
Absent:
Gary G. Roesch
Councilman
Others Present:
John Whitney, Town Engineer
Reverend
David Rodgers of Emmanuel Community Church gave the Invocation.
Councilwoman
Mary Cooke led the Pledge of Allegiance.
Supervisor
McMahon called the meeting to order at 8:00PM.
The Town
Board gave proclamations to Joseph Michael Fusco III and Michael McQuown Seigel
in recognition of achieving Eagle Scout. Another proclamation was presented to
the Grand Island Fire Company representative Chris Soluri honoring June 2, 2004
as “WNY Firefighter’s Day”. The final proclamation was given to
representatives of the VFW recognizing May 27,28, and 29th as Buddy
Poppy Days on Grand Island.
This is an
opportunity for residents to comment on any matter regarding the meeting agenda
items only. No residents spoke.
A motion was
made by Councilman Robillard, seconded by Councilwoman Cooke, to approve the
minutes from Workshop Meeting No. 20, May 3, 2004 and Regular Meeting No. 8, May
3, 2004.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
1.
ECIDA – Payments in Lieu of Real Estate Taxes –
Agreement 2004 & copy of
application for Real Property Tax Exemption – Valmed Pharmaceutical, Inc.
2.
ECIDA - Payments in Lieu of Real Estate Taxes – Agreement
2004 & copy of application for
Real Property Tax Exemption – Invitrogen Corporation Project
3.
Building Permits – April 2004
4.
Board of Architectural Review Meeting Minutes – April 12,
2004
5.
Zoning Board of Appeals – Meeting Minutes – April 1,
2004
6.
Golden Age Center – Vehicle Usage – April, 2004
7.
Golden Age Center – Facility Usage – April 2004
8.
Planning Board – Meeting Minutes – April 12, 2004
9.
J.O’Connell & Associates – Grant Application to the
NYS Unified Court System Justice Court Assistance Program
10.Erie
County’s 2004-2005 Business Assistance Directory
11.Cable
TV Committee – Meeting Minutes – May 5, 2004
12.Community
Enrichment Council – Meeting Minutes – May 6, 2004
13.Adelphia
– Update on Bankruptcy Process
14.Erie
County Dept. of Environment & Planning – Quarterly Report
15.Charles
Swanick - $8,000 for Coyote Program & Education on Program
16.Economic
Development Advisory Board – Meeting Minutes – April 29, 2004
17.NYS
DEC – Filling of Federal Wetland Mitigation Area Permit – Fuccillo Toyota
Dealership
18.NYS
Dept. of Transportation – Designation of Restricted Highway – Grand Island
Blvd. from Staley to Long Road through July 10, 2004
19.League of Women Voters – “Impacts
of Transportation Policy on Quality of Life” Presentation – May 18, 2004
A motion was
made by Councilman Crawford, seconded by Councilwoman Cooke to approve the
consent agenda.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
SUPERVISOR McMAHON:
Supervisor’s
Monthly Report – April, 2004
The
Supervisor reported a cash balance of $188,184 on April 1, 2004
Total
Receipts of $1,175,637
Total
Disbursements of $1,293,726
Operating
A/C Balance $70,095
Investment
Interest $7,119
Investment
Balance $5,482,131
Total
Cash Balance as of April 30, 2004 $5,552,226
No
action required by Town Board.
Adopt
Resolution - Patriot Plan Tax Extension for Persons Deployed by the Military
A motion was
made by Councilman Robillard, seconded by Councilwoman Cooke to approve the
Patriot Plan Tax Extension for persons deployed by the military as follows:
WHEREAS, by
reason of the enactment of 925-d of the Real Property Tax Law, a municipal
corporation to which real property tax is owed is authorized, by passing a local
resolution, to extend any deadline with respect to the payment of such real
property tax without penalties or interest where said tax is owed by a person
who has been deployed by the military, or by the spouse or domestic partner of
such deployed person, for a real property of such deployed person, and;
WHEREAS, a “person deployed
by the military” is defined in RPTL 925-d to mean a person who has been
ordered to active military duty, other than training, for the period beginning
with a declaration of war by Congress and ending with a date prescribed by the
Presidential proclamation or concurrent resolution of Congress or during any
period of combat designated by presidential executive order of hazardous duty,
and;
WHEREAS, individuals who are
members of the military make a tremendous sacrifice, especially in times like
these when our military personnel are in many locations throughout the world and
here in New York fighting against terrorism and the Town Board believes it
appropriate to ease some of the burdens that these brave men and women
encounter, to allow them to focus their full energy on defending our country;
NOW, THEREFORE, BE IT RESOLVED,
that with respect to real property tax owed by a person who has been deployed by
the military, or by the spouse or domestic partner of such person, for real
property of a person so deployed, any deadline with respect to the payment of
such real property tax without penalties or interest shall be extended for a
period of ninety days after the end of such deployment; and it is further
RESOLVED, that the Clerk is
directed to prepare and provide certified copies of this resolution to the Erie
County Division of Real Property Tax Services and the Assessor of the Town of
Grand Island.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
Authorize
Supervisor to sign Agreement to Participate in Online Permitting Project and
Authorize Code Enforcement Officials to Provide Information Needed to Set Up
Program
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Supervisor to sign, following the approval of the Town Attorney,
such agreements as may be necessary, to enable the Town of Grand Island ‘s
participation in the Smart Permitting Program.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
authorize Code Enforcement Officials to provide the detailed information needed
to set up the Smart Permitting Program for Grand Island
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
Resolution
Opposing Elijah’s Law
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to send
a letter to the NY Assembly Committee on Agriculture and copy Assemblyman Sam
Hoyt expressing opposition to the proposed Elijah’s Law.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
Formation
of Public Safety Advisory Board
A motion was made by Councilman Crawford, seconded by
Councilwoman Cooke to establish a “Public Safety Advisory Board”.
Membership would include theTown Supervisor serving as Chair, two members
of Town Board by annual appointment, the Traffic Safety Advisory Board Chairman
or representative, the Grand Island Citizens Corps Council Chair or
representative, Certified team leader(s) or representative, Fire Chief, or
representative, Officer in charge – Grand Island Police Department, or
representative, Town Engineer, or representative, Six Members at Large from the
general public – two per year with three year terms. The Public Safety
Advisory Board would have a broad scope of interest for any matter(s) impacting
public safety. One major and
current responsibility would be a review and updating of the Town’s
Comprehensive Emergency Plan. An
all hazard C.E.P. is a requirement of new DHS/FEMA regulations.
We are a participant in the Erie County C.E.P. but are responsible for
town specific risk/hazard analysis among other items which are required in the
County C.E.P. The motion further
authorizes the Supervisor to advertise for At Large Members with a deadline for
replies of June 1st, 2004.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
Clerk
Typist – Accounting/Water Billing Position
Supervisor
McMahon reported that the canvass of the Civil Service list was completed.
A total of eight names were canvassed due to scoring ties.
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
appoint Diane Nesbitt of 1467 East Park Road to the vacant Clerk Typist position
in the Accounting/Water Billing Department effective June 1, 2004 at Grade 8,
Step B.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
NYS
Division of Criminal Justice Services – Agreement for Access to DNA records in
the State DNA Index System
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to
authorize the Supervisor to sign the agreement between Grand Island Town Police
Department, the New York State Police and the Division of Criminal Justice
Services for access to DNA records in the State DNA Index System.
This agreement allows for the timely exchange of information between JCJS
and the police, subject to the review of the Town Attorney.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
COUNCILMAN RICHARD CRAWFORD:
Traffic Safety Advisory Board Liaison –
Recommending Speed Reductions – Long Rd., Ransom Rd., Whitehaven Rd., Alvin
Rd.
A motion was
made by Councilman Crawford, seconded by Councilwoman Cooke to set up a meeting
with Maria Lehman to recommend speed reductions from 55mph to 45mph on Long Road
west of Grand Island Blvd., Ransom Road east of Sturbridge, Whitehaven Road west
of Alvin Rd, Whitehaven Road west of Stony Point Rd. and Alvin Road.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
Traffic Safety Advisory Board Liaison – Recommending
Speed Reductions – Town Hall Terrace Public Roads
A motion was made by Councilman Crawford, seconded by
Councilwoman Cooke to set a Public Hearing to hear residents comment in favor of
or in opposition of Parking Restrictions in Town Hall Terrace on existing Town
Homes #2129 to #2139 for Monday June 7, 2004 at 8:00p.m.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
COUNCILMAN – GARY ROESCH;
Request to Change Name of Cable TV Committee to
Communication Committee
A motion was made by Councilwoman Cooke, seconded by
Councilman Robillard to change the name of the Cable TV Committee to Cable &
Communications Committee.
APPROVED
4
Cooke, Crawford, Robillard, McMahon
0
Noes
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK – PATRICIA A. FRENTZEL
Special
Use Permit Renewal – Sprint Sites USA – 3078 Staley Road
A motion was made
by Councilman Robillard, seconded by Councilwoman Cooke to renew the Special Use
Permit for Sprint Sites, USA for the use of a communications tower at 3078
Staley Road. The site has been
inspected and is unchanged.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Special
Use Permit Renewal – Sprint Sites USA – 318 Baseline Road/Water Plant
A motion was made
by Councilman Crawford, seconded by Councilman Robillard to renew the Special
Use Permit for Sprint Sites, USA for the use of a communications tower at 318
Baseline Road. The site has been
inspected and is unchanged.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Special
Use Permit Renewal – Larry Braddell & Bev Davey – 2749 Grand Island
Blvd.
A motion was made
by Councilwoman Cooke, seconded by Councilman Robillard, to renew the Special
Use Permit for Larry Braddel & Bev Davey for a restaurant located at 2749
Grand Island Blvd. The site has
been inspected and is unchanged.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Special
Use Permit Renewal – David & Laurie Williams – 2175 Staley Road –
Agricultural/Keeping up to 3 Horses
A motion was made
by Councilman Robillard, seconded by Councilwoman Cooke to renew the Special Use
Permit for David & Laurie Williams for the keeping of three (3) horses.
The site has been inspected and is unchanged.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Special
Use Permit Renewal – Leo & Elizabeth Hopkins – 555 Ransom Road –
Agricultural/Nursery/Keeping up to 5 Horses
A motion was made
by Councilman Robillard, seconded by Councilman Crawford to renew the Special
Use Permit for Leo & Elizabeth Hopkins for the keeping of five (5) horses
and for agricultural use. The site
has been inspected and is unchanged.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Special Use Permit Renewal – Daniel & Marge
Robillard – 423 Ransom Road – Agricultural Use
A motion was made
by Councilwoman Cooke, seconded by Councilman Crawford to renew the Special Use
Permit for Daniel Robillard for agricultural use at 423 Ransom Road.
The site has been inspected and is unchanged.
Robillard abstained because he owns the property.
APPROVED
Ayes 3
Cooke, Crawford, McMahon
Noes 0
Abstain 1
Robillard
HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:
Summer
Part Time Hire – Andrew Savoy Burke – 2285 West River Road– Starting May
17, 2004 at $8.50 per hour
For
Information Only: No action
required.
Authorization to Allow Staff Member to Sell Back 3
Weeks Vacation
A motion was made
by Councilman Crawford, seconded by Councilwoman Cooke to approve a staff member
to sell back three weeks vacation time due to scheduling conflicts.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
TOWN ENGINEER - JOHN WHITNEY:
Renewal
HVAC Preventative Maintenance Contract – Town Hall
A motion was made
by Councilwoman Cooke, seconded by Councilman Robillard to approve renewal of
the HVAC Preventative Maintenance Contract with M.J. Mechanical Inc. for $3,650.
The hourly rates for regular service have increased from $55/hr. to
$56/hr. The hourly rates for
emergency service have remained the same at $83/hr.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Budget
Transfer to Purchase Engineering Plotter
A motion was made
by Councilwoman Cooke, seconded by Councilman Robillard to approve a budget
transfer from account 001-9785-0600 for $5,200 and $650 from account
001-9785-0700 to 001-1440-0200.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
A motion was made
by Councilwoman Cooke, seconded by Councilman Robillard to approve the budget
amendment to increase account 001-0001-999 and 001-1440-0200 by $2946.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Hire
Summer Intern – Engineering and Highway Departments
A
motion was made by Councilman Crawford, seconded by Cooke to hire Kasey Morgan,
32 Custer Street, Buffalo at the rate of $11.00 per hour effective June 1, 2004
as a summer intern to perform various tasks in the Engineering and Highway
Departments.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Hire Principal Engineer Assistant
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to hire
Hakim Hawramee, 811 Robin Road, Amherst at a Principal Engineer Assistant at
Grade 8 start rate of $23.23/hr effective June 1, 2004 on a contingent permanent
basis to fill a vacant position vacated by Spencer O’Boyle.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
TOWN
ASSESSOR – DAVID UNMACK:
Schedule
Assessment Grievance Day – Thursday, June 3, 2004
A motion was made
by Councilwoman Cooke, seconded by Councilman Robillard to schedule Thursday,
June 3, 2004 as Assessment Grievance Day.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
DIRECTOR
OF RECREATION – LINDA TUFILLARO
Budget
Transfer for Part Time Seasonal Staffing in Parks
A motion was made
by Councilman Crawford, seconded by Councilman Robillard to approve the budget
transfer of $7,500 from 7310.100 (Youth) to 7110.100 (Veteran’s Park).
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
A motion was made
by Councilman Robillard, seconded by Councilwoman Cooke to approve the hiring of
3 Maintenance and 5 Program part-time seasonal staff.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
COMMUNICATIONS
– GENERAL:
Floyd
Doring – Metro Chubb Real Estate Group – 2119 Grand Island Blvd.
Request to close West River Service Road on June 19th for
Benefit Walk
A
motion was made by Councilman Robillard, seconded by Councilman Crawford to
approve the request to close the West River Service Road between Long Road and
Staley Road on June 19, 2004 for a benefit walk for Meaghan Grotz, subject to
the approval of NY State.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Erie
County Legislature – Charles Swanick – Local Law Intro No. 2 – Erie County
DWI/DWAI Vehicle Impoundment Law
For
Information Only: No action
required.
REPORT OF THE AUDIT COMMITTEE:
A motion was
made by Councilwoman Cooke, seconded by Councilman Robillard to pay Vouchers
#75716-75847:
General
$72,841.45
Highway
$65,357.72
Sewer
$13,071.27
Water
$ 6,117.08
Capital
$54,050.51
Garbage
$62,082.65
Total
$273,520.68
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
SUSPEND THE RULES:
A motion was made by Councilman Robillard, seconded by
Councilwoman Cooke to suspend the rules to consider six items submitted by the
Planning Board.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
PLANNING BOARD:
Ransom Village – Section 4D (22 Lots) Final Plat
Approval
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke for
Final Plat Approval of 22 Lots, Section 4D at Ransom Village.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Proposed Commercial Plaza – Site Plan Approval
–– 1738 Grand Island Blvd.
A
motion was made by Councilman Robillard, seconded by Councilman Crawford for
Site Plan Approval of a Proposed Commercial Plaza located at 1738 Grand Island
Blvd.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Grand Park Vue Subdivision – Section IV (20
Sublots) – Conditional Plat Approval
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
approve a Conditional Plat for 20 sublots at Grand Park Vue Subdivision –
Sect. IV.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Grand Island Physical Therapy – 1801 Grand Island
Blvd. – Site Plan Approval
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to
approve the Site Plan for Grand Island Physical Therapy – 1801 Grand Island
Blvd.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
James
Lorentz/Elsie Clark – 2555 Staley Road – Request Waiver to Subdivision
Regulations
A motion was made
by Councilman Robillard, seconded by Councilwoman Cooke to approve the waiver of
subdivision regulations by James Lorentz and Elsie Clark – 2555 Staley Road.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
Island Meadows Subdivision – Sections 3A &3B (45
Sublots) Conditional Plat Approval
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
approve a Conditional Plat for Island Meadows Subdivision – Sections 3A &
3B (45 sublots).
APPROVED
Ayes
4
Cooke, Crawford, Robillard, 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:
Councilwoman Cooke commented that the Patriot Plan
is for deployed military personnel to have late fees waived for 90 days.
Written comments will be accepted for the Public Hearing on June 3rd.
Memorial Day Services Schedule will be available at the Town Clerk’s
office. DeGlopper Park Ceremony
will begin at 10am.
Councilman Crawford relayed that the Traffic Safety
Board asks drivers to be safe and aware of bikes and stopped school buses.
Councilman Robillard commented that is it nice to
see building action on the Boulevard.
Supervisor McMahon wishes everyone a safe Memorial
Day Holiday.
ADJOURNMENT:
A motion was
made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the
meeting at 8:44P.M.
APPROVED
Ayes
4
Cooke, Crawford, Robillard, McMahon
Noes
0
A moment of
silence was observed in memory of the following.
Patricia
McKenna Elizabeth
Swann William
Lock
Marvin
Voelker
Dorothy
Erling
Gerda Miller
Nina
Hurley
Respectfully
Submitted,
Patricia A.
Frentzel
Town Clerk