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 7th 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: John
Whitney Town
Engineer
Reverend David Rodgers from Emmanuel Community Bible Church gave the Invocation.
Councilman Gary
Roesch led the Pledge of Allegiance.
Supervisor McMahon
called the meeting to order at 8:00PM.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who spoke:
John Tripi, Jr. 1655 Whitehaven Rd. Re:Spot Rezoning 1282 Stony Point Rd.
Marla Brown -
Attorney for Parkland
Enterprises Re: Title Issues,
Corporate Restructuring
A motion
was made by Councilwoman Cooke, seconded by Councilman Robillard to approve
minutes of Regular Meeting #3, February 7, 2005, minutes of Workshop #5,
February 7, 2005, minutes of Workshop #6, February 14, 2005, minutes of
Workshop #7, February 16, 2005 minutes of Workshop #9, February 28, 2005 and
minutes of Workshop #10, March 1, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
PUBLIC HEARING: 8:00PM
Final Plat Approval
Majestic Woods Subdivision Phase II
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 Final Plat Approval
Majestic Woods Subdivision Phase II
Residents who spoke in Favor: Robert Pidanick, 4950 Genesse
Street, Buffalo
Residents
in Opposition: None
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
1.
Meeting Minutes Grand Island Citizen Corps Council
December 7, 2004
2.
Meeting Minutes Grand Island Youth Board February 3,
2005
3.
Meeting Minutes Grand Island Youth Board February 10,
2005
4.
Meeting Minutes Board of Architectural Review January
10, 2005
5.
Meeting Minutes Economic Development Advisory Board
February 10, 2005
6.
Meeting Minutes Planning Board January 10, 2005
7.
Meeting Minutes Traffic Safety Advisory Board January
11, 2005
8.
American Farmland Trust Purchase of Development Rights
Workshops
9.
County of Erie, County Executive State of the County
Address -Postponed
10.
State of New York Public Service Commission Notice of
Public Statement Hearings on National Fuel Gas
Distribution Corporations Proposed Gas Service Rate Increase
11.
Selective Insurance Company Claim #20374663
12.
County of Erie, Department of Environment & Planning
Property Owners Requesting Inclusion Into Agricultural District
13.
Erie County Environmental Management Council County
Executive Energy Achievement Award Program
14. Empire State Development American Pharmaceutical Partners, Inc. Project, Public Hearing
15.
Greater Buffalo-Niagara Regional Transportation Council Notice
of GBNRTC-PCC Meeting
16.
New York Power Authority Draft Application for a New
License for the Niagara Power Project (Project) & Draft Preliminary Draft
Environmental Assessment (PDEA)
17.
Golden Age Center Vehicle Usage February 2005
18.
Golden Age Center Facility Usage February 2005
19.
Building Permits February 2005
20.
County of Erie Report Regarding Apportionment and
Distribution of 4% Sales Tax Revenue Received for February 2005
21.
Elizabeth Bunich Quality Communities Grant
22.
New York State Office of Real Property Services
Residential Assessment Ratio
23.
Erie County Department of Environment and Planning
Niagara County Training for Local Officials
24.
County of Erie, Department of Environment and Planning
Proposed 2006 Federal Budget and Impact on the Community Development Program
25.
New York State Department of Environmental Conservation,
Division of Water Update The Flood Insurance Rate Maps In Community
26. New York State Department of Environmental Conservation Notice of Incomplete Application Proposed Permit Modification MLR #904-3-06-0678 DEC #9-1446-00073-00004
A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the consent agenda as distributed.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
SUPERVISOR McMAHON:
Supervisors Report January
2005
The Supervisor
reported a cash balance of $182,249 on January 1, 2005
Total Receipts
of $1,352,536
Total
Disbursements of $1,507,184
Operating A/C
Balance $27,666
Investment
Interest $4,299
Investment
Balance $2,350,575
Total Cash
Balance as of January 31, 2005 $2,378,240
No action
required by Town Board.
Supervisors Report February 2005
The Supervisor
reported a cash balance of $27,665 on February 1, 2005
Total Receipts
of $5,698,474
Total
Disbursements of $5,659,801
Operating A/C
Balance $66,391
Investment
Interest $8,172
Investment
Balance $6,507,563
Total Cash
Balance as of February 28, 2005 $6,573,953
No action
required by Town Board.
Half Marathon- April 23,
2005
A motion
was made by Councilman Crawford, seconded by Councilman Robillard authorizing
the Recreation Department and the Police Department to participate in the
Greater Buffalo Track Clubs Half Marathon on April 23, 2005 at 9:00a.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Sprint Towers
Authorization to Sign Estoppel Agreements
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the
Supervisor to sign Estoppel Agreements with Global for Towers 0495-BU03XC024 and 0496-BU03XC025 subject to approval of
the Town Attorney and to seek town-wide network access for official use.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Water Meter Replacement
Program Local Law Intro #2/2005 Set Public Hearing
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to set a
Public Hearing for Monday, March 21, 2005 at 8:00p.m. for the purpose of
hearing anyone who wishes to comment in favor of or against Local Law Intro
#2/2005 to consider a proposed local law amending Chapter 48A of the Town Code
entitled Water. The proposed local
law addresses responsibility for and penalties for tampering with meters,
procedures and fees for final billings, and the ownership, sale and resale of
water meters.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Community Enrichment Council
Appointment
A motion
was made by Councilman Roesch, seconded by Councilman Crawford to appoint
Stephanie Cowart, 859 Carter Creek to the Community Enrichment Council with a
term to expire December 31, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
2005 Tax Rates
For
information purposes only. No action
required by Town Board.
Local Law Intro #1/2005
Stop Signs
The
Traffic Safety Advisory Board reviewed comments from the Public Hearing that
was held on January 18, 2005. The
Advisory Board recommends the installation of stop signs as requested except at
Dolphin and The Commons.
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to adopt
Local Law #1/2005 and authorize the installation of stops signs at the
following intersections: Blackmon &
West Park (southwest corner), Tracey Lane & Park (northeast corner) and
Sawmill all way stop.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Long Range Planning
Committee Appointment
Following completion
of the Town Wide Zoning Amendments in 2004, the Town is now ready to begin a
review of the Comprehensive Master Plan.
The Master Plan assigns the responsibility for review to a Long Range
Planning Committee.
The Long Range
Planning Committee should have representation from each local board or
committee, which has jurisdiction or authority for growth management issues or
community services within the Town. At
the discretion of the Town Board this committee may be supplemented with
representatives of the community, from neighborhoods or groups.
The nine voting members shall include a
representative of the following boards, committees and/or groups.
Town Board - Planning Board - Zoning Board of Appeals - Commission on the Conservation of the Environment - Traffic Safety Advisory Board - Economic Development Advisory Board - Parks & Recreation Advisory Board - Chamber of Commerce (representative) - Community at Large (representative)
The twenty-four non-voting members shall
include:
Remaining four members of the Town Board - Remaining six members of the Planning Board - Highway Superintendent - Town Engineer - Director Parks & Recreation - Advisory Board - Representative Architectural Review Advisory Board - Public Safety Advisory Board - Youth Advisory Board - Historical Preservation Board - Code Enforcement Officer - Representative Grand Island Central School District - West River Home Owners Association - Ferry Village Area Residents - Representative Quality Quest - Community at Large (2)
A motion was made by
Councilman Roesch, seconded by Councilwoman Cooke to create a Long Range
Planning Committee with nine voting and twenty-four non-voting members.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Accident Claim
A Town
snowplow caused $854.25 damage to an automobile, which is owned by Michael
Pusatier, 101 Jamestown. The Towns
insurance carrier has denied the claim because hazard vehicles, actively
engaged in work, are exempt from liability.
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to reimburse Mr.
Pusatier for the damage subject to a signed release approved by the Town
Attorney. The Town Attorney is further
instructed to contact the Insurance company to seek reimbursement.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Tax Cancellations and
Refunds for 2004 Town Expenditures
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the
correspondence from Erie County Division of Budget, Management and Finance for
the scheduled amount of $19,254.97 in Town Expenditures of Tax Cancellations
and Refunds for 2004 to the Town Assessor and Supervising Accountant.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Tax Cancellations and
Refunds for 2004 Fire Protection
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to refer the
correspondence from Erie County Division of Budget, Management and Finance for
the scheduled amount of $4,117.53 for Grand Island Fire Protection of Tax
Cancellations and Refunds for 2004 to the Town Assessor and Supervising
Accountant.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Authorization to Refund $100.00 - Variance Application Fee
A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to refund $100.00 to Mr. Sam Long, 2514 Long Rd. from a Variance Application Fee.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS OTHER OFFICIALS:
TOWN ENGINEER - JOHN
WHITNEY:
Change Order No. 4
Wastewater Treatment Plant Improvements, General Contract Job No. M-102-03G
Change
Order No. 4 is to cover the cost of the quantity over run for sludge
dewatering, a credit for the elimination of grout topping in the digester and
the hauling of seed sludge from Amherst WWTP for the digester startup. The Change Order will result in a net
increase to the contract in the amount of $22,657.00
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to approve Change
Order No. 4. Wastewater Treatment Plant
Improvements, General Contract Job No. M-102-03G in the amount of $22,657.00.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Professional Services
Agreement Baseline Master Lift Pump Station Rehabilitation Design &
Construction Baseline Master Lift Forcemain Replacement Design & Construction
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to authorize the
Supervisor to sign the Professional Services Agreement for the Baseline Master
Lift Pump Station Rehabilitation Design & Construction Baseline Master Lift
Forcemain Replacement Design & Construction with Stearns & Wheler, LLC
subject to the approval of the Town Attorney.
The funds are currently included in the 2005 Capital Plan for $101,200.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Performance Contract
Financing Resolution Wendel Energy Services
A motion
was made by Councilwoman Cooke, seconded by Councilman Robillard to table the
Performance Contract Financing Resolution from Wendel Energy Services.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
WATER/WASTEWATER
SUPERINTENDENT WAYNE CLINTON:
Ferrous Chloride for Phosphorus Removal and Sulfide Control
A motion was made by Councilman Crawford, seconded by
Councilwoman Cooke to authorize the Water/Wastewater Superintendent to publish
a Legal Notice for the purpose of bidding Ferrous Chloride to be used for
phosphorus removal and sulfide control.
The advertisement will run March 11, 2005. Bids will be opened March 29, 2005 at 10:00am in the Town Clerks
office, and the anticipated bid award will be at the April 4, 2005 Town Board
Meeting.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
TOWN ACCOUNTANT PAM
WHITNEY:
Bank Designations
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to name
Citizens Financial Group/Charter One Financial as an additional bank designee.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
PLANNING BOARD:
Heritage Centers (Thomas E.
Ciminelli, Architect) 1360 Baseline Rd. SBL #50.00-2-2.1 - Exception To
Subdivision Regulations
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to accept the
recommendation of the Planning Board and approve the Exception to Subdivision
Regulation for Heritage Centers - Thomas E. Ciminelli, Architect 1360 Baseline Rd. SBL #50.00-2-2.1 to be
split into two lots.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Benderson Development Co.
2130 Grand Island Blvd. Exception To Subdivision Regulations SBL
#37.03-1-7.11
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to accept the
recommendation of the Planning Board and approve the Exception to Subdivision
Regulations for Benderson Development Co. 2130 Grand Island Blvd SBL
#37.03-1-7.11 to be split into two lots subject to the approval of the drainage
plan by the Town Engineer.
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 motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to set a
Public Hearing for Monday, March 21, 2005 at 8:00p.m. for the purpose of
hearing anyone who wishes to comment in favor of or against a Special Use
Permit application by Elderwood Senior Care at Riverwood, 2850 Grand Island
Blvd., an Adult Care Facility for a 2-story addition.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Grand Island Fire Co. 2275
Baseline Rd. Site Plan Approval Addition
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the
recommendation of the Planning Board and approve the Site Plan for an addition
to the Grand Island Fire Co., 2275 Baseline Rd. with the condition that any
trees that are removed will be replaced or transplanted and maintained.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Parkland Enterprises, Inc.
Ransom Estates Subdivision Exception to Subdivision Regulations
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to accept the
recommendation of the Planning Board and approve the Exception to Subdivision
Regulations for Parkland Enterprises, Inc., Ransom Estates Subdivision to
permit a 16-acre commercial parcel to be split from a 160-acre residential
parcel.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Parkland Enterprises, Inc.
- Ransom & Stony Point Rd.
Special Use Permit Service Station/Convenience Store Site Plan Re-Approval
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public
Hearing for Monday, March 21, 2005 at 8:00p.m. for the purpose of hearing
anyone who wishes to comment in favor of or against a Special Use Permit
application for a service station/convenience store at Ransom & Stony Point
Roads.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to table the application
for a Site Plan reapproval.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Majestic Woods Subdivision
Part 2 Final Plat Approval
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to table the
recommendation of the Planning Board for Final Plat approval of Majestic Woods
Subdivision Part 2 pending review by the Town Board.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Glen Wallace 917 North Colony Rd. Special Use Permit Bed And Breakfast
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to accept the
recommendation of the Planning Board and approve a Special Use Permit for Glen
Wallace, 917 North Colony Rd. for a Bed & Breakfast subject to the owner
not posting any signs and that the stockade fence in the site plan on the North
property line be built.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS GENERAL;
Joan Bodkin Resignation
from Historical Preservation Committee
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the
resignation with regret and send a certificate of appreciation to Ms. Joan
Bodkin.
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
#78594-78868:
General $107,268.58
Highway $ 59,272.36
Sewer $ 40,648.79
Water $ 18,717.04
T & A
$ 7,240.02
Capital $
37,906.22
Fire $ 24,960.00
Total $296,013.01
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
UNFINISHED
BUSINESS:
Parks &
Recreation Community Center
A motion was made by Councilman Robillard, seconded
by Councilman Crawford to refer the Parks & Recreation Community Center to
the Town Board for review.
APPROVED Ayes 5 Cooke,
Crawford, Robillard, Roesch, McMahon
Noes 0
Rezoning - 1282
Stony Point Road
This item remains tabled. No action required.
John Lexo
Special Use Renewal for 2527 Bedell Road
A motion was made by Councilman Robillard, seconded
by Councilwoman Cooke to renew the Special Use Permit renewal for John Lexo,
2527 Bedell Road. The site has been
inspected and is unchanged.
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:
Dean Duguay, 2858 Staley Rd. Re: Agricultural Districts
FROM THE TOWN
BOARD:
Councilman Roesch: NYS Power Authority Re-Licensing, Chris
Weaver DEC application to modify the pond permit.
Councilwoman Cooke: Bed & Breakfasts future
locations and zoning in residential districts.
ADJOURNMENT:
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
adjourn the meeting at 8:51p.m.
APPROVED Ayes 5 Cooke,
Crawford, Robillard, Roesch, McMahon
Noes 0
A moment of silence was
observed in memory of the following:
Mary Haller
Betty Jean Ross
Raymond Turner
Paul Facklam Sr.
Michelle Nesbitt
Rose Kimiak
Jeanette Nowinski
Corrine Johnson-Walker
George Shaw
Thomas Gilmore
Raymond Hale
Viola Pitts
Joseph DIngillo
Respectfully
Submitted,
Patricia A. Frentzel
Town Clerk