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 21st of March 2005.

 

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:              Raymond Dlugokinski             Highway Superintendent

John Whitney                          Town Engineer 

 

Mr. Calvin VanderMey from Bible Fellowship Center 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.

Residents who spoke:

Doug Smith, 111 Hennepin Rd.          Re: John Tripi, Jr. comments - March 7, 2005 concerning rezoning 1282 Stony Point Rd.

 

APPROVAL OF MINUTES:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve minutes of Workshop Meeting #8, February 25, 2005, minutes of Workshop Meeting #11, March 7, 2005, minutes of Regular Meeting #4, March 7, 2005, minutes of Workshop Meeting #12, March 14, 2005, and minutes of Workshop Meeting #13, March 16, 2005.

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

                        Noes    0

 

PUBLIC HEARINGS: 8:00PM

Draft Local Waterfront Revitalization Program

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 proposed Draft Local Waterfront Revitalization Program.

Residents who spoke in Favor:

Ed Anderson, 4120 East River Rd.                Re: Town Purchasing Weaver Property on East River Rd./Edgewater

Residents in Opposition:

Tom Burkman, 800 Kirkwood Dr.                   Re: Rezone Gun Creek Property to Open Space or Leave Residential

Councilman Gary Roesch                              Opposed to Town Purchasing 3.8 acres of vacant land

Written Comments Submitted from Conservation Commission.

Additional Workshops scheduled for discussion: Tuesday, April 12, 2005 at 3:30p.m., and Friday, April 15, 2005 at 3:30p.m.

A motion was made by Councilman Robillard, seconded by Councilman Roesch to refer the Draft Local Waterfront Revitalization Program to the Town Board for review. 

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

                        Noes    0

 

Local Law Intro #2/2005 – Amendment to Water Law

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 proposed amendments to the Grand Island Town Water Law Chapter 48A.  Changes include responsibility for tampering with meters, allows a fee for final billing, ownership sale and resale of water meters, provision for compliance with new remote readers by 2005.

Residents who spoke in Favor: None

Residents in Opposition: None

A motion was made by Councilman Crawford, seconded by Councilman Robillard to adopt Local Law #2/2005 to amend the Grand Island Town Water Law Chapter §48A-22  as follows: “Water Meters”

All water meters shall be owned by the property owner and purchased, installed and maintained by the Town of Grand Island.  The Town shall inspect and test meters from time to time as deemed necessary, or upon reasonable request from customers. Except pursuant to a contract whereby the property owner pays for the meters and is financially liable for use by subusers, a master meter only will be used for apartment houses or related groups of buildings, and the Town will not furnish nor read auxiliary or submeters. 

Section 48A-32 (C) is amended to add the following final sentence:

The Town shall charge for the final billing a fee to recover the cost of preparing a final bill and taking the final meter reading.  Said fee shall be established by resolution of the Town Board, and the Board may amend by resolution pursuant to subparagraph A of this section the charge for final billings.

Section 48A-34 is amended to add the following final sentence:

In any case where arrears are placed upon the tax roll, an administrative fee, as set from time to time by resolution of the Town Board, shall be added to the amount in arrears.

            Section 48A-36A is added to the Town Code to read in its entirety as follows:

Section 48A-36A Meter Tampering

(A). It shall be a misdemeanor for any customer or their agent or representative, other than a person employed by or representing the Town to remove, replace, alter, damage, bypass, or otherwise tamper with any water meter or water measurement device or components thereof, including but not limited to the locking collar, meter face, dials, or other water usage indicators, or taking any action for the purpose of causing any meter to produce inaccurate meter readings.

(B). In addition to any criminal penalty that may assessed by a court of competent jurisdiction, the person responsible for the water meter shall pay (1) for the repair or replacement of the meter; (2) a revised billing, calculating the water billing for the period of time The Town determines the meter was not properly operating, based on the usage history of the same property or a similar structure or use; (3) a tampering fine of $150 or twice the revised billing, whichever is greater.

(C). The Town Board may, after notice and an opportunity to be heard, order that water service be discontinued to the subject meter unless a bond or deposit is submitted to the Town, sufficient in the Town Board’s opinion, to cover any potential future water losses or meter damage.

A new Article XIII and Section 48A-40 are hereby added to read as follows:

Section 48A-40 Meter Replacement Program

                        Effective from the date of passage of this section, the Town shall replace all non-conforming meters at its own expense by December 31, 2005.  Any property owner who fails to provide access to their property or otherwise interferes with the installation of new meters, shall effective January 1, 2006, pay a one hundred percent surcharge on all water billings until such time as the non-conforming water meter has been replaced, plus the cost of the new water meter and the cost of installation of the new meter.

The first sentence of Section 48A-24A is hereby deleted.

The existing Article XIII and Section 48A-40 of Chapter 48A “Effective Date” is hereby respectively relabeled as Article XIV and Section 48A-41.

32275/0001 BFLODOCS 954556v1

 
This local law shall be effective upon filing with the Secretary of State.

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

                        Noes    0

 

Elderwood Senior Care At Riverwood – 2850 Grand Island Blvd. - Special Use Permit – Adult Care Facility/2 Story Addition

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 proposed Special Use Permit for 2nd story addition to the Elderwood Senior Care at Riverwood, 2850 Grand Island Blvd.

Residents who spoke in Favor: None

Residents in Opposition: None

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the Site Plan and Special Use Permit for Elderwood Senior Care at Riverwood, 2850 Grand Island Blvd. for a 2nd story addition.

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

                        Noes    0

 

Parkland Enterprises, Inc. – Ransom & Stony Point Rd. – Special Use Permit – Service Station/Convenience Store

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 proposed Special Use Permit application for Parkland Enterprises, Inc., Ransom & Stony Point Rds. to construct a Service Station/Convenience Store.

Residents who spoke in Favor:

Marla Brown, Attorney for Parkland Enterprises        Re: Site Plan reviewed, SEQR approved, complies with new codes, zoned Business for 30 years, Town benefits from increased tax base, Special Use Permit

Residents in Opposition:

Brett Mohr, 1269 Ransom Rd.                                   Re: Traffic Issues, gas pumps not necessary                              

Frank  Burkhart. 1406 Ransom Rd.                           Re: Written comments submitted at workshop reviewed.            

Joan Arki, 1412 Ransom Rd.                                     Re: Look at traffic again                       

Bill Jenkins, 3285 Staley Rd.                                      Re: Opposed to project and commercial development, Buffalo News Article 3/17/05 re: project drainage, traffic safety                                 

Jennifer Dzielski, 2774 Stony Point                            Re: Opposed to gas pumps, need more traffic studies done            

Ed Anderson, 4120 East River Rd.                            Re: traffic, signs & signals at corner of Ransom/Stony Point Rd.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to Table the request for a Special Use Permit for Parkland Enterprises at Ransom & Stony Point Rds. for a Service Station/Convenience Store for Town Board review.

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

                        Noes    0

 

CONSENT AGENDA:

1.      Meeting Minutes – Zoning Board of Appeals – December 2, 2004

2.       Meeting Minutes – Zoning Board of Appeals - January 6, 2005

3.       United States Bankruptcy Court, Southern District of New York – Adelphia Communications Corporation, et al.

4.       County of Erie – Erie Community College Board of Trustees Search Committee

5.      County of Erie – Division of Budget, Management and Finance – Board of Assessment Review Training

6.      Meeting Minutes – Board of Architectural Review – February 14, 2005

7.      Erie County Legislature – 2004 Public Benefit Funding - $300

8.       Erie County Legislature – 2004 Public Benefit Funding - $500

9.       Meeting Minutes – Economic Development Advisory Board – March 10, 2005

10.  Municipal Cooperation Agreement for the Provision of Assessment Services Between the County of Erie and the Town of Grand Island

11.  Supreme Court of the State of New York County of Erie – Summons With Complaint – Index No. I 2005 – 2210

12.  State of New York Public Service Commission – Case 04-G-1047 – Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations of National Fuel Gas Distribution Corporation for Gas Service - Notice Further Postponing Date of Evidentiary Hearing

13.  County of Erie – Department of Health – 30 Hour Pesticide Applicator Certification Course

14.  Meeting Minutes – Planning Board – February 14, 2005

15.  Department of State – Agreement #T006423 – Construction of Fisherman’s Park & Ferry Village Bikepath

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the consent agenda as distributed and to refer #10 to the Town Attorney.

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

                        Noes    0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

2005 Fee Schedule – Amendments

A motion was made by Councilman Crawford, seconded by Councilman Roesch to approve the 2005 Fee Schedule amendments as follows:

       5/8” & Ύ” Water Meters  = $150

                     Water Meters  = $210

        1½”         Water Meters  = $360

                     Water Meters = $470

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

                        Noes    0

 

 

Appointments – Economic Development Advisory Board

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to appoint Mark Stramaglia of 6 Forestglen Dr., Williamsville to a three year term expiring 12/31/07 and Joseph Ippolito of 45 Edgewater to a 3 year term expiring 12/31/07 to the Economic Development Advisory Board.

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

                        Noes    0

 

 

COMMUNICATIONS – OTHER OFFICIALS:

TOWN CLERK - PATRICIA A. FRENTZEL:

Request from Grand Island Central School District to Borrow 4 Voting Machines from the Town for Use on May 17, 2005

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Town Clerk to loan 4 voting machines to the Grand Island Central School District for the School Budget and Board of Education votes on May 17, 2005.

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

                        Noes    0

 

 

Special Use Permit Renewal – Christine Weaver, 1501 Ferry Road – 4 Acre Excavation to Create Pond

A motion was made by Councilman Robillard, seconded by Councilman Roesch to renew the Special Use Permit for Christine Weaver, 1501 Ferry Road on 4 acres for excavation to create a pond.  The site was inspected by the Zoning Inspector and recommends renewal.

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

                        Noes    0

 

 

Special Use Permit Renewal – Carol M. Merckel, 2324 East River Road – Equine Animals/Two (2) in Number on 3 Acres

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the Special Use Permit for Carol M. Merckel, 2324 East River Road zoned R1-C for the keeping of up to two (2) equine animals on 3 acres of land. The site was inspected by the Zoning Inspector and recommends renewal.

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

                        Noes    0

Special Use Permit Renewal – James & Irene Daigler, 2343 Staley Road – 4.27 Acre Excavation to Create Pond

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the Special Use Permit for James & Irene Daigler, 2343 Staley Road on 4.27 acres for excavation to create a pond. The pond is approximately 50% complete.  The site was inspected by the Zoning Inspector and recommends renewal.

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

                        Noes    0

 

TOWN ENGINEER - JOHN WHITNEY:

Cooperating MS4 Letter of Intent

A motion was made by Councilman Crawford, seconded by Councilman Robillard to authorize the Supervisor to sign the Letter of Intent to participate in the matching grant from NYSDEC with Western New York Regional Stormwater Coalition.  The WNYRSC is applying for a $10,500 grant to assist with the implementation of the EPA Phase II stormwater requirements.  It is expected that the Town’s requirement to provide matching funds will be minimal and can be accomplished through in kind services.

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

                        Noes    0

 

Bond Resolution – Sanitary Sewer District #5 – Grand Island Blvd. Sanitary Sewer Construction

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to set a Public Hearing for Monday, April 4, 2005 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the proposed Bond Resolution for Sanitary Sewer District #5 – Grand Island Boulevard Sanitary Sewer construction.

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

                        Noes    0

 

Authorize Advertisement for Bids – Supplying Fuel with a Fuel Management System

A motion was made by Councilman Roesch, seconded by Councilman Robillard to authorize the Town Engineer to advertise for bids for supplying fuel with a fuel management system.  The bids will be opened on April 13, 2005 at 10:00a.m. in the Town Clerk’s office.

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

                        Noes    0

 

PLANNING BOARD:

Raymond DeGlopper – 2176 Fix Rd. – Exception to Subdivision Regulations

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to accept the Planning Board’s recommendation to waive the exception to Subdivision Regulations and allow Raymond DeGlopper, 2176 Fix Road to split the existing lot into two lots.

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

                        Noes    0

 

Golf Course Villas at River Oaks – Preliminary Plat Approval

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the Golf Course Villas at River Oaks request for a Preliminary Plat Approval to the Planning Board for action.

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

                        Noes    0

 

Richard Williams – 2230 Fix Rd. – Exception to Subdivision Regulations

A motion was made by Councilman Robillard, seconded by Councilman Crawford to accept the Planning Board’s recommendation to waive the exception to Subdivision Regulations and allow Richard Williams, 2230 Fix Road to split the existing lot into two lots.

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

                        Noes    0

 

COMMUNICATIONS – GENERAL:

KNP Group Inc. – Relocation of New Age Inc. to the Niagara Falls, NY Empire Zone

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a Public Hearing for Monday, April 4, 2005 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the proposed relocation of New Age Inc. to the Niagara Falls NY Empire Zone.

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

                        Noes    0

 

Jack W. & Rose Marie Bugman – 3339/3345 Whitehaven Road – Request to Combine Lots Into One SBL #36.09-1-19

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the request of Jack W. & Rose Marie Bugman to combine two lots at 3339 and 3345 Whitehaven Rd. into one SBL #36.09-1-19.

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

                        Noes    0

 

SBA – Cingular Wireless Proposal for a New Communications Tower at 318 Baseline Road

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the request from SBA Network Services, Cingular Wireless a proposal for a new Communications Tower at 318 Baseline Road to the Town Attorney and consider requiring the existing users on old tower to co-locate to a new tower.  The application is incomplete.

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

                        Noes    0

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #78878-79038:

General                       $111,851.49   

Highway                      $ 37,953.90

Sewer                          $ 51,548.61

Water                          $ 13,124.77

Lighting                        $  1,000.00

Garbage                      $ 69,688.50

Fire                              $187,455.08

 Total                               $472,622.35

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

                        Noes    0

 

 

 

UNFINISHED BUSINESS:

Majestic Woods Subdivision – Part 2 – Final Plat Approval

A motion was made by Councilman Crawford, seconded by Councilman Robillard to grant Final Plat Approval to Majestic Woods Subdivision, Part 2 as requested.

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

                        Noes    0

 

Performance Contract Financing Resolution – Wendel Energy Services

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor or designee to enter into an agreement with Wendel Energy Services for a Performance Contract Financing Resolution subject to the approval of the Town Attorney.

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

                        Noes    0

 

Rezoning - 1282 Stony Point Road

This item remains tabled. No action required.

 

PRIVILEGE OF THE FLOOR:

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

Residents who spoke:

Bill Jenkins, 3285 Staley Rd.                          Re: Daigler Pond, 2343 Staley Road

Frank Burkhart, 1404 Ransom Rd.                Re: Parkland Enterprises - Notify resident of future meetings of Advisory Boards

Jim Mulcahy, 1295 West River Rd.               Re: Opposed to Community Center, Opposed to elimination of NYS tolls, County Government Crisis

Brett Mohr, 1269 Ransom Rd.                       Re: Essex Homes – Wants status of development

 

FROM THE TOWN BOARD:

Councilman Robillard: Happy Easter!

Councilman Roesch: Toll elimination, property at corner of Ransom/Stony Point Rd. has been Commercial zoned for 30 years, Happy Easter!

Councilman Crawford: Town has plan in place for Erie County- Budget Crisis

Supervisor McMahon: County Supervisors have met 4 times since Budget Crisis, drive safe while kids are on vacation, Happy Easter!

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at 9:11p.m.

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

                        Noes    0

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

Helen Reynolds

Barbara Brennan

Esther Whitford

Respectfully Submitted,

 

 

 

Patricia A. Frentzel
Town Clerk