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 1ST of November 2004.

 

Present:                      Peter A. McMahon                Supervisor

Mary S. Cooke                        Councilwoman

                                    Richard W. Crawford                         Councilman

Daniel F. Robillard                        Councilman

Gary G. Roesch                        Councilman

Patricia A. Frentzel                         Town Clerk

                                    Peter Godfrey                                   Town Attorney

 

Also Present:              Ray Dlugokinski                  Highway Superintendent 

                                   

Rev. Kevin Backus gave the Invocation. 

Councilwoman Mary Cooke led the Pledge of Allegiance. 

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

 

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.  No residents spoke.

 

APPROVAL OF MINUTES:

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to approve the Minutes from Regular Meeting #19, October 18, 2004; Workshop #42, October 12, 2004; Workshop #44, October 18, 2004; Workshop #45, October 20, 2004; Workshop #46, October 22, 2004; Workshop #47, October 25, 2004.

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

                        Noes            0

 

PUBLIC HEARING: 8:00PM

Town of Grand Island – 2005 Preliminary Budget 

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make comments in favor of or in opposition of the 2005 Preliminary Town Budget. The Supervisor called the public hearing to order and read the following:

 

GENERAL FUND:

TOTAL APPROPRIATION AMOUNT:  $  5,385,417

                        AMOUNT TO BE RAISED BY TAXATION:  $ 1,647,092

                        TAX RATE: $ 2.673   per thousand        NO CHANGE

           

FIRE PROTECTION DISTRICT:

                                    TOTAL APPROPRIATION AMOUNT  $ 813,749

AMOUNT TO BE RAISED BY TAXATION: $  803,441       

                                    TAX RATE:  $ 1.205   per thousand   10% INCREASE

 

HIGHWAY FUND:

                                    TOTAL APPROPRIATION AMOUNT:  $ 2,116,965

                                    AMOUNT TO BE RAISED BY TAXATION:  $ 1,734,100

                                    TAX RATE:  $ 2.814  per thousand   11% INCREASE

 

SEWER DISTRICT FUND:

                                    TOTAL APPROPRIATION AMOUNT:  $ 2,471,032        

                                    AMOUNT TO BE RAISED BY TAXATION:  $ 316,151     

                                    TAX RATE/1,000 (LAND VALUE ONLY):  $ 3.741                                                                           26% DECREASE    

WATER DISTRICT FUND:

                                    TOTAL APPROPRIATION AMOUNT:  $ 2,544,842        

                                    AMOUNT TO BE RAISED BY TAXATION:  $ 714,138     

                                    TAX RATE/1,000 (LAND VALUE ONLY):  $ 6.28    NO CHANGE              

LIGHTING DISTRICT:

                        TOTAL APPROPRIATION AMOUNT:  $ 180,809    (40 districts)

                                               AMOUNT TO BE RAISED BY TAXATION:  $ 171,991        

TAX RATE: Vary by District

 

REFUSE & GARBAGE DISTRICT:

                                    TOTAL APPROPRIATION AMOUNT:  $ 848,862        

                                    AMOUNT TO BE RAISED BY TAXATION:  $ 846,976       

                                    TAX RATE:Flat Rate Single Family Dwelling  $ 128  

12% INCREASE                                               

DEBT SERVICE FUND:

                                    TOTAL DEBT SERVICE AMOUNT:  $ 1,159,835        

                        TRANSFERS FROM OTHER FUNDS  $1,124,835 

Speakers in favor:   None

Speakers opposed: None

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the 2005 Preliminary Budget as the 2005 Budget for the Town of Grand Island.  Councilman Robillard requested that the motion be amended to eliminate Town Board raises.  The motion was amended to change the GENERAL FUND: Total Appropriation Amount from  $5,385,417 to $5,381,287.

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

                        Noes            0

 

Grand Island Fire Company – 2005 Contract

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition of the proposed 2005 contract with the Grand Island Fire Company for Fire Protection Services in the amount of $749,724.

Speakers in favor: None

Speakers opposed: None

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize the Supervisor to sign the contract with the Grand Island Fire Company for fire protection for the year 2005 in the amount of $749,724.

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

                        Noes            0 

Relocation of R&P Pools, d/b/a Leisure Living –1865 Grand Island Boulevard into the Buffalo Empire Zone

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to speak in favor of or in opposition of the proposed relocation of R&P Pools d/b/a Leisure Living, 1865 Grand Island Boulevard into the Buffalo Empire Zone.

Speakers in favor: Phil Delnagro, 11 Astor Place, East Amherst, Re: Mr. Delnagro is an employee of the corporations seeking approval to relocate.

Speakers opposed: None

A motion was made by Councilman Roesch, seconded by Councilman Robillard to allow the shift of operations of R&P Pools d/b/a Leisure Living, 1865 Grand Island Boulevard to the Buffalo Empire Zone.

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

                        Noes            0 

CONSENT AGENDA:

1.      Office of the State Comptroller – Payment for Grand Island’s Share of Interest Earned on Social Security Contributions - Calendar Year 1986

2.      Gulf South Research Corporation – Final Environmental Assessment for Proposed Remote Video Surveillance Systems, Upper Niagara River, Buffalo, New York

3.      US Environmental Protection Agency – Proposed Federal Grant No. XP982866-01

4.      Meeting Minutes – Economic Development Advisory Board  –– October 21, 2004

5.      National Fuel – Information Regarding Natural Gas Pricing and Base Rate Filing

6.      Notice of  Claim – Tiffany Turner  vs. Town of  Grand Island

7.      David M. Unmack, IAO – Quarterly Summary of Assessment Services

8.      NYS Department of Environmental Conservation – Copy of Final FFY 2005 Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) Program

9.      Meeting Minutes – Youth Advisory Board – October 7, 2004

10.   Phillips Lytle - Seneca Nation, et al v. State of New York, et al.  -  Motion Papers

11.  Pre-Construction Meeting – October 29th – Re: Whitehaven Road Bridge 75-1

12.  County of Erie – Sales Tax Report – October 2004

 

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

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

                        Noes            0 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Amend Meeting Minutes of Regular Meeting # 17, September 20, 2004

Supervisor McMahon brought to the attention of the Town Board that upon the adoption of the new Zoning Code in July 2004, a cellular tower does not need a Special Use Permit, rather a Tower Permit.  He misspoke when stating the motion in the September 20, 2004 Regular Meeting #17 that a Special Use Permit be issued when he should have stated a Tower Permit.

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to amend the minutes from Regular Meeting #17, September 20, 2004 – Issue a Special Use Permit – Upstate Cellular Network (Verizon Wireless) – 423 Ransom Road Cellular Telephone Transmitting Facility to read: Issue a Tower Permit – Upstate Cellular Network (Verizon Wireless) – 423 Ransom Road –Cellular Telephone Transmitting Facility. 

APPROVED            Ayes            4            Cooke, Crawford, Roesch, McMahon

                        Noes            0

                    Abstain    1       Robillard 

 

 

Set Public Hearing for Local Law Intro #4 of 2004 – Amendments to Zoning Code

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public Hearing for Monday December 6, 2004 at 8:00pm for the purpose of hearing anyone who wishes to comment in favor of or against Local Law Intro #4 of 2004 for the proposed revisions to the Zoning Code for the Town of Grand Island.

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

                        Noes            0

 

Request to Submit Erie County Community Development Block Grant Application

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign and submit the revised Erie County Development Block Grant Application for the Golden Age Center improvements.  The motion further authorizes the Supervisor to execute any contracts necessary if awarded the Grant. The amount of the grant is $120,000.  The grant would cover 75% of the overall project.  Funds for remaining 25% of the project are in the 2005 Golden Age Equipment Budget and the General Fund Contingency Fund.

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

                        Noes            0

 

COUNCILMAN DANIEL ROBILLARD:

Parks & Recreation Community Center

The Town Board is unsure of the impact of the Erie County Budget for the Town in 2005.  A motion was made by Councilman Robillard, seconded by Councilman Roesch to table the memorandum from the Parks & Recreation Community Center.

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

                        Noes            0

COMMUNICATIONS – OTHER OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL:

Renewal of Special Use Permit – Paul A. Ianni, 828 East River Rd.

A motion was made by Councilman Robillard, seconded by Councilman Roesch to renew the Special Use Permit for Paul A. Ianni, 828 East River Rd.  for 3 equine animals.  The property has been inspected and it is unchanged.

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

                        Noes            0

 

TOWN ATTORNEY – PETER GODFREY:

Establish Lighting District #42 – Oakwood Estates at River Oaks, Section 3

A motion was made by Councilman Crawford, seconded by Councilman Robillard to set a Public Hearing for Monday November 15, 2004 at 8:00pm for the purpose of hearing anyone who wishes to comment in favor of or against the proposed creation of Lighting District #42 – Oakwood Estates at River Oaks, Section 3.

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

                        Noes            0

 

Road Dedication – Briarwood Lane

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the annexed Deed of Dedication of River Oaks Clubhouse, LLC, dedicating and releasing the necessary lands for a proposed town highway as set forth in the annexed legal description in the Town of Grand Island, County of Erie, State of New York, to be known as Briarwood Lane; now therefore, it is

       RESOLVED, that, in accordance with the provisions of Section 171 of Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town of Grand Island make an Order accepting and laying out of the aforesaid town highway to be known as Briarwood Lane, the Town highway to consist of the lands described in the Deed of Dedication, subject to the approvals of the Town Engineer and the attorneys for the Town, and it is further

       RESOLVED that, subject to the approvals of the Town Engineer and the attorneys for the Town, and the Order of the Highway Superintendent laying out the aforesaid town highway to be known as Briarwood Land, the Town Board hereby accepts the annexed Deed of Dedication, provided it is filed by the attorneys for River Oaks Clubhouse, LLC, or its representative, in the Erie County Clerk’s Office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

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

                        Noes            0

 

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Request to Install Stop Sign – Corner of Briarwood at River Oaks & No Outlet Sign on Briarwood

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday November 15, 2004 at 8:00pm for the purpose of hearing anyone who wishes to comment in favor of or against the proposed installation of a Stop sign at the southwest corner of Briarwood at River Oaks and install a No Outlet sign on Briarwood.

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

                        Noes            0

 

RECREATION DIRECTOR – LINDA TUFILLARO:

Request to Set November 13, 2004 as Auction for Used/Discarded Items From Town to the Public

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to set November 13, 2004 as date to Auction used/discarded items from the Town to the public.  The event will be held at the Nike Base starting at 10:00a.m.

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

                        Noes            0

 

Request to Send Employees to Turf & Grounds Summits

A motion was made by Councilman Roesch, seconded by Councilman Robillard to authorize the Recreation Director to send Raymond Billica to the NYSTA Grounds & Exposition in Rochester on November 16th and Raymond Billica and Tom Cecere to the Annual WNY Turfgrass Summit at ECC South on December 3rd.  The funds are available in the 2004 budget.

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

                        Noes            0

 

TOWN ENGINEER – JOHN WHITNEY:

Change Order Nos. 2 & 3 – Wastewater Treatment Plant Improvements, General Contract – Job No. M-102-03G

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve Change Order No. 2 to reimburse the owner for the additional cost of review of the shop drawings for the clarifiers.  This Change Order will result in a net decrease to the contract in the amount of  $ 3,600.00.  Further, the motion authorizes Change Order No. 3 to paint additional piping within the primary digester that was not scheduled to be painted in the contract documents.  The additional work is being done at the request of the Wastewater Superintendent.  This Change Order will result in a net increase to the contract in the amount of  $ 2,671.00.

The Town’s Consulting Engineer on the project has reviewed the Change Order and recommends approval.

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

                        Noes            0

 

 

Reapprove Map Covers – Spicer Creek Townhouses – Parcel “M” – Units 506, 508, 510, and 512 Whitehaven Road

A motion was made by Councilman Crawford, seconded by Councilman Robillard to reapprove the map covers for Spicer Creek Townhouses – Parcel “M” – Units 506, 508, 510 and 512 Whitehaven Road.

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

                        Noes            0

 

 

Accept Letter of Intent Agreement with Wendel Energy Services

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Letter of Intent to implement an Energy Performance Contract with Wendel Energy Services as recommended by the Town’s Special Districts Committee.

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

                        Noes            0

 

 

Proposed 2004 Job Drainage Program – Job D-33

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public Hearing for Monday November 15, 2004 at 8:00pm for the purpose of hearing anyone who wishes to comment in favor of or against the proposed program to repair the Towerwood Storm Sewer Outfall and cleaning and regrading a portion of the West Branch of Woods Creek north of Bedell Road.  The project is necessary to repair a deteriorating storm sewer and improve the drainage capacity of Woods Creek.

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

                        Noes            0

 

 

WATER/WASTEWATER SUPERINTENDENT – WAYNE CLINTON:

Request to Bid – Polymer for Phosphorus Removal at Wastewater Department

A motion was made by Councilman Crawford, seconded by Councilman Roesch to authorize the Water/Wastewater Superintendent to publish a Legal Notice for the purpose of bidding Polymer to be used for phosphorus removal.  The bids will be opened on November 19, 2004 at 10:00a.m. in the Town Clerk’s office.

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

                        Noes            0 

 

Delinquent Water and Sewer Accounts for 2005 Taxroll

Authorization to Renew Co-Op Resolution with the City of Niagara Falls

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the resolution from the Water/Wastewater Superintendent that stated the director did notify consumers within the respective water and sewer districts on Grand Island by having the wording “IF NOT PAID BY OCTOBER 31, ARREARS WILL BE ON TAX ROLLS” printed on water bills sent out quarterly. 

            Now therefore, be it resolved that the following approximate amount be applied to the Taxroll of 2005. 

            Water                                      $197,521.22

            Sewer                                      $244,729.62

            Out of District Sewer             $       540.66

            Meters                                     $       943.00

            Misc. Charges                                  $       703.39 

            Be it further resolved, that the Town Clerk is hereby directed to accept no payments of such delinquent accounts after the said last day of October 2004.

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

                        Noes            0

Authorization to Renew Co-Op Resolution With the City of Niagara Falls

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to authorize the Supervisor to sign the renewal of the cooperative purchasing agreement, for a period of one year, between the Town of Grand Island and the City of Niagara Falls, authorizing Niagara Falls to act as the lead agency to solicit bids, and with Grand Island participating in the purchasing co-op, upon the terms and conditions recommended by the Grand Island Water/Wastewater Superintendent for purchase of chemicals used in the treatment of water and wastewater.

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

                        Noes            0

 

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to pay  

Vouchers #77445 – 77571:

General                 $30,819.74

Sewer                 $  8,965.90

Water                 $  6,695.46

Capital                 $28,669.27

Total              $75,150.37

 

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

                        Noes            0

 

PRIVILEGE OF THE FLOOR:

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

Residents who Spoke: Marcia Pfohl, 2012 East River Road.  Re: Thanks to the Fire Company Rescue Squad and CERT Training.   

FROM THE TOWN BOARD:

Councilwoman Cooke: Election Day – Tuesday, November 2nd from 6am-9pm, Kids Vote

Councilman Crawford: GO VOTE!

Councilman Robillard: GO VOTE!

Councilman Roesch: GO VOTE! Leisure Pools will be missed.

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the meeting at 8:41p.m.

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

                        Noes            0 

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

 

Charles Ford

Zachary Zarbo

Robert Curtin

Esther Howell

Harry “Buz” Anderson

Doris Teschemacher

 

Respectfully Submitted,

 

Patricia A. Frentzel
Town Clerk