JANUARY
5, 2004
The minutes of the regular meeting of the Grand Island Town
Board of the Town of Grand Island, Erie County, New York held at the Town Hall
2255 Baseline Road on Monday,
January 5, 2004 at 8:00 P.M. EST.
The meeting was called to order by Supervisor McMahon and
the following were present at roll call:
Supervisor
Peter A. McMahon
Councilwoman
Mary S. Cooke
Councilman
Richard W. Crawford, Jr.
Councilman
Daniel F. Robillard
Councilman
Gary G. Roesch
Also present:
Town Clerk
Patricia A. Frentzel
Town Attorney
Peter Godfrey
Highway Superintendent
Raymond F. Dlugokinski
Mrs. Karen Conboy of St. Stephen’s Roman Catholic Church
gave the Invocation, and Councilwoman Cooke led the Pledge of Allegiance to the
Flag.
PUBLIC COMMENT -
AGENDA ITEMS ONLY:
NONE
APPROVE MINUTES:
MOTION:
The minutes of the Town Board meeting of December 15, 2003 and the Town
Workshop Meeting #46 of December 22, 2003 are APPROVED
as submitted.
MOVED:
Robillard
SECOND:
Cooke
ROLL CALL: Ayes:
Robillard, Cooke, Crawford, Roesch, McMahon
Noes:
None
CARRIED
PUBLIC HEARINGS:
8:00 P.M.
1.
FINAL PLAT APPROVAL PARK PLACE SUBDIVISION PHASE IV
The Supervisor called the Public Hearing to order and the
Town Clerk read the pertinent part of the legal notice.
APPEARING IN THE
AFFIRMATIVE:
NONE
APPEARING IN THE
NEGATIVE: NONE
The Supervisor declared the public hearing closed.
MOTION:
It is moved to REFER TO THE PLANNING BOARD the comments of the public
hearing on Final Plat Approval of Park Place Subdivision Phase IV.
MOVED:
Roesch
SECOND:
Crawford
ROLL CALL: Ayes:
Roesch, Crawford, Cooke, Robillard, McMahon
Noes: None
CARRIED
COMMUNICATIONS - REORGANIZATION MEETING:
1. RE:
AUTHORIZATION - SUPERVISOR REQUEST, 60-DAY EXTENSION -
SUPERVISOR’S REPORT
MOTION:
The Supervisor is GRANTED
a 60-day extension for filing the Supervisor’s Annual Printed Financial Report
for the fiscal year 2003.
MOVED:
Crawford
SECOND: Cooke
ROLL CALL: Ayes:
Crawford, Cooke, Robillard, Roesch, McMahon
Noes:
None
CARRIED
2. RE:
DEPUTY SUPERVISOR
Supervisor McMahon informed the Town Board that he has
appointed Richard Crawford, Jr. as Deputy Supervisor for 2004.
3. RE:
MILEAGE
MOTION:
37.5¢ per mile will be allowed to town officials when performing duties
for the Town of Grand Island during 2004.
MOVED:
Cooke
SECOND:
Robillard
ROLL CALL: Ayes:
Cooke, Robillard, Crawford, Roesch, McMahon
Noes:
None
CARRIED
4. RE:
ASSESSMENT FORMULAS REAFFIRMED:
CONSOLIDATED
WATER DISTRICTS
All net operation and maintenance
costs and all net capital costs shall be apportioned against the assessed land
valuation of each of the properties or parcels of land within the Consolidated
Water District.
MOTION:
It is moved to ADOPT the resolution regarding the method of assessment for
the consolidated water district.
MOVED:
Robillard
SECOND: Cooke
ROLL CALL: Ayes:
Robillard, Cooke, Crawford, Roesch, McMahon
Noes:
None
CARRIED
SEWER DISTRICTS
Consolidated Sewer Districts User, Non-user
The method for the apportionment of the capital construction and
operation and maintenance costs of the Wastewater Treatment Plant Facilities and
its Sewer District lines and appurtenances; is as follows:
1) 100% of all net operation and maintenance costs and 10% of capital
costs shall be apportioned to the water consumption of each of the properties or
parcels of land within the Town Sewer Districts and shall be recovered as a
sewer rent.
2) 90% of capital costs shall be apportioned against the assessed land
valuation of each of the properties or parcels of land within the Town Sewer
Districts.
3) Where there is an accessible line frontage it shall bear an annual tax
of eighty (80) cents per front foot in the area of the Consolidated Sewer
District formerly known as Sewer District #4, except that lateral sewer lines
installed by a real property developer such front foot charges shall not apply.
Also, a charge per frontage feet in said former Sewer District #4 or
those connected in the East River lateral to be determined by the county.
User/Non-User Methodology
1) A User shall pay all Wastewater Treatment Plant Facility and Sewer
District lines and appurtenances costs assigned to operation and maintenance and
to capital construction costs of said Wastewater Treatment Plant Facilities.
2) A Non-User shall pay only ninety (90) per cent of the capital
construction costs of said Wastewater Treatment Plant Facilities based upon the
assessed land valuation of such non-User.
The following definitions shall apply:
1) USER shall be any property or parcel that fronts or abuts a sewer line
or is connected or required to be connected to a public sewer line.
2) NON-USER is a property or parcel not fronting or abutting a public
sewer line or where said sewer is not immediately available.
MOTION:
It is moved to ADOPT the resolution, which sets the method of assessment for
the consolidated sewer district
MOVED:
Cooke
SECOND:
Crawford
ROLL CALL: Ayes:
Cooke, Crawford, Robillard, Roesch, McMahon
Noes:
None
CARRIED
LIGHTING
DISTRICTS
BE IT HEREBY RESOLVED by the Town Board of the Town of
Grand Island that all costs shall be apportioned against the properties in all
Districts in the Town of Grand Island based upon the frontage of said property.
Districts
Method
All Districts
Frontage
MOTION:
It is moved to ADOPT the resolution which sets the method of assessment for
the town lighting districts with the cost based on the frontage of the property.
MOVED:
Crawford
SECOND:
Robillard
ROLL CALL: Ayes:
Crawford, Robillard, Cooke, Roesch, McMahon
Noes:
None
CARRIED
The tax assessment method for the General Fund, Highway and
Fire Protection District in the Town of Grand Island is ad valorem which law
requires.
Requires No Action –
Information Only
5. RE:
MEMBERSHIP - ASSOCIATION OF TOWNS
MOTION:
The Supervisor is authorized to RENEW
the town’s membership with the Association of Towns of New York State.
MOVED:
Cooke
SECOND:
Robillard
ROLL CALL: Ayes:
Cooke, Robillard, Crawford, Roesch, McMahon
Noes:
None
CARRIED
6. RE:
AUTHORIZATION - ATTEND ASSOCIATION OF TOWNS MEETING -
CAST VOTE - ALTERNATE
VOTE
MOTION:
Town personnel who have made provisions in their 2004 budget are:
1.
Authorized to attend the Association of Towns meeting in New York City on
February 15-18, 2004.
MOVED:
Crawford
SECOND: Roesch
ROLL CALL: Ayes:
Crawford, Roesch, Cooke, Robillard, McMahon
Noes:
None
CARRIED
2.
Town Supervisor Peter McMahon is authorized to cast one vote for the Town
of Grand Island at the Association of Towns meeting.
Councilwoman Mary Cooke will be the designated alternate.
MOVED:
Robillard
SECOND: Roesch
ROLL CALL: Ayes:
Robillard, Roesch, Cooke, Crawford, McMahon
Noes:
None
CARRIED
7. RE:
AUTHORIZED - MEMBERSHIP IN ASSOCIATION OF ERIE COUNTY
GOVERNMENTS
MOTION:
The Supervisor is authorized to RENEW
the town’s membership with the Association of Erie County Governments.
MOVED:
Cooke
SECOND: Robillard
ROLL CALL: Ayes:
Cooke, Robillard, Crawford, Roesch, McMahon
Noes:
None
CARRIED
8. RE:
AUTHORIZED PETTY CASH FUNDS
MOTION: The
following petty cash funds are authorized for 2004:
Town
Clerk………………………………………$700.00
Sewer
& Water Department……………………..$100.00
Town
Justices……………………………………$100.00
Highway
Department……………………………$100.00
Recreation
Department…………………………..$100.00
MOVED:
Robillard
SECOND: Cooke
ROLL CALL: Ayes:
Robillard, Cooke, Crawford, Roesch, McMahon
Noes:
None
CARRIED
9. RE:
RULES AND PROCEDURES
MOTION:
AMEND The Rules and
Procedures - adopted January 20, 1964 and amended January 18, 1988, January 3,
1994 and May 19, 1997 Submission Deadlines of agenda items to say:
All petitions, resolutions, offers, reports, motions (except incidental
ones) and other items of business or communications of whatever nature shall be
submitted to the Town Clerk before 11:00 o’clock on Thursday for presentation
at the regular meeting on the following Monday, unless said Thursday is a legal
holiday, in which event all matters shall be presented to the Town Clerk 11:00
o’clock on Wednesday. All matters
presented to the clerk in accordance with this rule shall be included on the
agenda for the ensuing meeting. The
agenda for the ensuing meeting shall be prepared and deposited in the Board
members’ mailboxes in the Town Hall not later than 5:00 P.M. Friday or
Thursday as aforesaid. The Town
Board shall not consider nor act upon any matters which are not timely or
scheduled on the agenda delivered to the Town Board members as aforesaid, except
by unanimous consent by all members of the Board.
This rule need not apply to special meetings, which are covered in s2 and
in s62 of the Town Law of the State of New York.
MOVED:
Robillard
SECOND:
Crawford
ROLL CALL: Ayes:
Robillard, Crawford, Cooke, Roesch, McMahon
Noes:
None
CARRIED
MOTION:
ADOPTED The Rules and
Procedures - adopted January 20, 1964 and amended January 18, 1988, January 3,
1994 and May 19, 1997 and January 5, 2004.
MOVED:
Crawford
SECOND: Roesch
ROLL CALL: Ayes:
Crawford, Roesch, Cooke, Robillard, McMahon
Noes:
None
CARRIED
10. RE:
TOWN CLERK’S OFFICE HOURS
Town Clerk Patricia A. Frentzel announced effective January
5, 2004 the hours will be as follows:
8:30 A.M. to 5:00 P.M. daily –
closed holidays
11. RE: BONDING - TOWN PERSONNEL
MOTION:
The Supervisor is authorized to bond Town Personnel in the following
amounts:
Supervisor………………………………….………………$250,000.00
Town
Clerk……………………………….………………..$250,000.00
Deputy Town
Clerk(s)………………….………………….$250,000.00
Supervising Accountant
$250,000.00
Blanket Bond (for each employee
that is bonded)………... $ 5,000.00
Court Clerk-Town Justices
$100,000.00
MOVED:
Cooke
SECOND:
Robillard
ROLL CALL: Ayes:
Cooke, Robillard, Crawford, Roesch, McMahon
Noes:
None
CARRIED
-6-
1/5/04
12. RE: LEGAL
HOLIDAYS
MOTION:
All town offices are authorized to be closed in observance of the
following holidays, as set forth in the various bargaining unit union contracts:
LEGAL HOLIDAYS
All town offices are authorized to be closed in observance of the following
holidays, as set forth in the various bargaining units:
Monday, January 19, 2004
Martin Luther King Day
Monday, February 16, 2004
President's Day
Friday, April 09, 2004
Good Friday (1/2 day)
Monday, May 31, 2004
Memorial Day
Monday, July 5, 2004
Independence Day
Monday, September 6, 2004
Labor Day
Monday, October 11, 2004
Columbus Day
Tuesday, November 2, 2004
Election Day - Presidential Election
Thursday, November 11, 2004
Veteran's Day
Thursday, November 25, 2004
Thanksgiving
Friday, November 26, 2004
Day after Thanksgiving
Thursday, December 23, 2004
Christmas Eve
Friday, December 24, 2004
Christmas Day
Thursday, December 30, 2004
New Year's Eve (1/2 day)
Friday, December 31, 2004
New Year's Day
MOVED:
Cooke
SECOND:
Robillard
ROLL CALL: Ayes:
Cooke, Robillard, Crawford, Roesch, McMahon
Noes:
None
CARRIED
13. RE: TOWN NEWSPAPERS DESIGNATED
MOTION:
It is moved that the Island Dispatch and the Buffalo News be designated
as the official newspapers for the Town of Grand Island for the year 2004 and
further to direct the Town Clerk, the Town Attorney and other responsible
parties to post legal notices on the Town’s web site.
MOVED:
Cooke
SECOND:
Roesch
ROLL CALL: Ayes:
Cooke, Roesch, Crawford, Robillard, McMahon
Noes:
None
CARRIED
14. RE: BANK
DEPOSITORIES DESIGNATED
MOTION:
The Manufacturers and Traders Trust Company, HSBC Bank, MBIA CLASS, Chase
Manhattan Bank, Fleet National Bank and are designated as depositories for the
Town of Grand Island for the year 2004 in which the Supervisor and Town Clerk
shall deposit all monies coming into their hands by virtue of their office, and
furthermore, that the Town Clerk be directed to deposit tax monies in the
Manufacturers and Traders Trust Company Grand Island office, said tax money to
be remitted to the Supervisor each week. Waste,
Wastewater and General Receipts are to be remitted to the Supervisor daily.
All other funds of the Clerk to be deposited with the Supervisor no later
than the 15th of the following month.
MOVED:
Crawford
SECOND:
Robillard
ROLL CALL: Ayes:
Crawford, Robillard, Cooke, Roesch, McMahon
Noes: None
CARRIED
15. RE: AUDIT
COUNSELORS DESIGNATED
MOTION:
The firm of Fiddler and Company, LLP is designated as Audit Counselors
for the Town of Grand Island for the year 2004.
MOVED:
Cooke
SECOND:
Robillard
ROLL CALL: Ayes:
Cooke, Robillard, Crawford, Roesch, McMahon
Noes:
None
CARRIED
16. RE: FACSIMILE
SIGNATURE OF SUPERVISOR
MOTION: BE
IT RESOLVED:
That the Manufacturers and
Traders Trust Company, the HSBC Bank, MBIA
CLASS, Chase Manhattan Bank, and Fleet National Bank are designated depositories
of the Town of Grand Island be and they are hereby requested, authorized and
directed to honor checks, drafts or other orders for the payment of money drawn
in the name of the Town of Grand Island, including those payable to the
individual order of any person or persons thereof, when bearing or purporting to
bear the facsimile signature of Peter A. McMahon, Supervisor of the Town of
Grand Island, and the Manufacturers and Traders Trust Company, the HSBC Bank,
MBIA CLASS, Chase Manhattan Bank, Fleet National Bank and shall be entitled to
honor and to charge the Town of Grand Island for such checks, drafts, or other
orders, regardless of by whom or by what means the actual or purported facsimile
signature thereon may have been affixed thereto, if such signature resembles the
facsimile
specimen duly certified to or
filed with the Manufacturers and Traders Trust company, the HSBC Bank, MBIA
CLASS, Chase Manhattan Bank, and Fleet National by the Town Clerk of the Town of
Grand Island.
MOVED:
Cooke
SECOND: Roesch
ROLL CALL: Ayes:
Cooke, Roesch, Crawford, Robillard, McMahon
Noes:
None
CARRIED
17. RE: TOWN
BOARD MEETING NIGHTS DESIGNATED
MOTION:
The Town Board meetings will be held on the first and third Monday of
each month at 8:00 P.M. A regular
meeting that falls on a holiday shall be held on Tuesday of that week. Workshop meetings will be held on the first and third Monday
of each month at 6:30 P.M., or Tuesday if a holiday. The Town Clerk is directed to post a notice of all workshop
meetings on the Wednesday prior to the meetings. Exception is third
Monday in February
(February 16) - no meeting due to the NYS Association of Towns Conference in New
York City.
MOVED:
Robillard
SECOND: Cooke
ROLL CALL: Ayes:
Robillard, Cooke, Crawford, Roesch, McMahon
Noes:
None
CARRIED
18. RE: DATE
TO AUDIT BILLS
MOTION:
Bills drawn against the General Fund, Highway Fund, Sewer and Water
Funds, Lighting Districts Fund, Capital Fund and Federal Revenue Funds will be
audited on the first and third Monday of each month, or the following Tuesday if
a holiday falls on that Monday.
MOVED:
Cooke
SECOND:
Roesch
ROLL CALL: Ayes:
Cooke, Roesch, Crawford, Robillard, McMahon
Noes:
None
CARRIED
19. RE: PAYROLL
DATES
MOTION:
The Supervisor is authorized to set the payroll date as every other
Thursday, commencing January 8th, 2004.
MOVED:
Cooke
SECOND:
Crawford
ROLL CALL: Ayes:
Cooke, Crawford, Robillard, Roesch, McMahon
Noes:
None
CARRIED
20. RE: SUPERVISOR’S
APPOINTMENT - COMMITTEE HEADS
1.
Secretarial Appointment:
The Supervisor appoints Diane Y.
Nesbitt, 1467 East Park Road, as his secretary for 2004.
2. Committee Heads:
A. SPECIAL
DISTRICTS COMMITTEE
Chairman: Peter A. McMahon
Councilwoman Mary Cooke
Town Engineer John C. Whitney
Water/Wastewater Superintendent Wayne Clinton
B. AUDIT
COMMITTEE
Chairman: Mary S. Cooke & Gary G.
Roesch
C.
SIDEWALK & BIKEPATH COMMITTEE
Chairman: Peter McMahon
This committee will be chaired by
Supervisor Peter McMahon and the following will serve at the pleasure of the
Supervisor: Town Engineer, The Traffic Safety Advisory Board Chairman,
Councilwoman Cooke, Highway Superintendent Dlugokinski, Planning Board Chairman
and the Recreation Director.
D. ECONOMIC
DEVELOPMENT ADVISORY BOARD
MOTION:
Moved to CREATE an Economic Development Advisory Board to replace the
Supervisor’s Committee on Economic Development. The Board Members will be appointed by the Town Board to
serve three-year terms. The Board
Members at the first meeting of each year will elect the Chairman.
Three-year term expiration December 31. 2006
Jerry Doane
John Bonora
Roy Gerard
Two-Year term expiration December 31, 2005
Bev Kinney
Mike Heftka
Hank Carrol
One-year term expiration December 31, 2004
Ted Bates
Mary Sommer
John White
MOVED:
Crawford
SECOND: Cooke
ROLL CALL: Ayes:
Crawford. Cooke, Robillard, Roesch, McMahon
Noes:
None
CARRIED
E.
HISTORIC PRESERVATION COMMITTEE
Chairman: Mary S. Cooke
Members of this committee serving at the pleasure of the
Supervisor are: Joan Bodkin, William Koch, Shirley Luther - Historical Society,
Joseph Macaluso, Timothy Mordaunt, Teddy Linenfelser - Town Historian and Barbi
Lare There is a vacancy for another member of the Historical Society, that will
be appointed after their next meeting.
F.
PERSONNEL COMMITTEE
Chairman:
Peter A. McMahon
Richard W. Crawford, Jr.
RECEIVED
& FILED
G. LIAISONS
1. Architectural Review
Board:
Daniel F. Robillard
2. Cable TV Committee:
Gary G. Roesch
3. Community Enrichment
Council: Gary G. Roesch
4. Economic Development:
Gary G. Roesch
5. Environmental
Conservation:
Mary S. Cooke
6. Historic Preservation:
Mary
S. Cooke
7. Human Rights Commission:
Mary S. Cooke
8. Library Trustees:
Richard W. Crawford, Jr.
9. Long Range Planning:
Peter A. McMahon
10. Parks & Recreation:
Daniel Robillard
11.
Planning Board
Daniel Robillard
12. Traffic Safety Advisory Board: Richard
W. Crawford, Jr.
13. Youth Board
Richard W. Crawford, Jr.
14. Long Range Planning
Peter McMahon
21. RE: TOWN
CLERK’S APPOINTMENTS
The Town Clerk, Patricia A. Frentzel has made the following
appointments effective
January 1, 2004:
Deputy Town Clerk
Full-Time
Betty Y. Lantz
Deputy Town Clerk
Full-Time
Michelle L. Wing
Deputy Town Clerk
Full-Time
E. Diane Darmofalski
Part Time Clerk
Part-Time
Sally Kaiser
22. RE: REGISTRAR’S
APPOINTMENT
Patricia A. Frentzel, Registrar of Vital Statistics, makes
the following appointments effective January 1, 2004
Deputy Registrar
Betty Y. Lantz
Patricia A. Frentzel, Registrar of Vital Statistics, makes
the following appointments effective January 5, 2004
Sub-Registrar
Michelle Wing
Sub-Registrar
E. Diane Darmofalski
23. RE: BUDGET
OFFICER DESIGNATED
MOTION:
The Supervisor, Peter A. McMahon, is designated as Budget Officer for the
Town of Grand Island for 2004.
MOVED:
Robillard
SECOND: Roesch
ROLL CALL: Ayes:
Robillard, Roesch, Cooke, Crawford, McMahon
Noes:
None
CARRIED
24. RE: SALARIES
ADOPTED
MOTION:
It is moved that the following salary schedule be adopted for the year
2004.
MOVED:
Crawford
SECOND: Cooke
ROLL CALL: Ayes:
Crawford, Cooke, Robillard, Roesch, McMahon
Noes:
None
CARRIED
25. RE: APPOINTMENT
– ZONING BOARD OF APPEALS
MOTION:
It is moved to REAPPOINT Dario A. Violanti to the Zoning Board of Appeals
for a five-year term to expire 12/31/2008.
MOVED:
Cooke
SECOND:
Crawford
ROLL CALL: Ayes:
Cooke, Crawford, Robillard, Roesch, McMahon
&n