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 15th of August 2005.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

Daniel F. Robillard                        Councilman

                                    Gary G. Roesch                   Councilman

Diane Darmofalski                        Deputy Town Clerk

Peter Godfrey                                     Town Attorney

 

Reverend Kevin Backus from Bible Presbyterian Church gave the Invocation. 

Councilman Robillard led the Pledge of Allegiance. 

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

 

PROCLAMATION:

National Airborne Day – August 16, 2005

A Proclamation was given to members of the Niagara Frontier 82nd Airborne Association and Ladies Auxiliary in recognition of National Airborne Day, August 16, 2005.

 

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

Residents who spoke: None 

           

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve minutes of Workshop Meeting #45, August 1, 2005, minutes of Workshop #46, August 4, 2005 and minutes of Regular Meeting #14, August 1, 2005.

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

                        Noes            0

 

CONSENT AGENDA:

1.      Golden Age Center – Vehicle Usage – July 2005

2.      Golden Age Center – Facility Usage – July 2005

3.      Building Permits Issued – July 2005

4.      Moody’s Investors Service – Assigns A2 Rating to Town of Grand Island

5.      Town of Collins – New York State Thruway Tolls in Western New York

6.      Meeting Minutes – Zoning Board of Appeals – July 7, 2005

7.      State of New York, State Board of Real Property Services – Certificate of the Final State Equalization Rate for the 2005 Assessment Roll

8.      Erie County Industrial Development Agency – 2005 Invitrogen Corporation Project

9.      Meeting Minutes – Grand Island Memorial Library Board of Trustees – July 14, 2005

10.   Meeting Minutes – Planning Board – July 11, 2005

11.   Meeting Minutes – Community Enrichment Council – July 21, 2005

12.   Meeting Minutes – Board of Architectural Review – July 12, 2005

13.   Town of Colden – Opposition to Budget Cuts – Erie County Sheriff’s Department

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

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

                        Noes            0

 

 

COMMUNICATIONS - TOWN BOARD:

SUPERVISOR McMAHON:

Advisory Board Vacancies

A motion was made by Councilman Roesch, seconded by Councilman Robillard to authorize the Supervisor to advertise for anyone that is interested in serving on an Advisory Board.  Letters of interest received by September 1, 2005 will be considered.

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

                        Noes            0

 

 

Authorize Supervisor to Sign Contract for Vegetation Control

Three firms looked at the Pilot Project for Vegetation (catails) Control.  One single proposal was received from White’s Turf Crew for all three locations on Town property, with a total cost of $4,800.

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to sign a contract with White’s Turf Crew in the amount of $4,800.  The funds are available in the 2005 Drainage Budget.

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

                        Noes            0

 

 

Establish Salary for Payroll Clerk

A motion was made by Councilman Crawford, seconded by Councilman Roesch to establish the salary for Payroll Clerk.  The position will be competitive class.  The salary range will be Grade 4A.

    Step A - $12.44 Step B - $13.37 Step C - $15.37 Step D - $18.44 Step E - $22.12

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

                        Noes            0

 

Authorize Town Engineer to Hire Principal Engineer Assistant Replacement

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Town Engineer and hire a replacement Principal Engineer Assistant and to advertise the position if necessary.

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

                        Noes            0

 

 

A motion was made by Councilman Crawford, seconded by Councilman Roesch to issue a certificate of appreciation to Hakim Hawramee.

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

                        Noes            0

 

 

Town Owned Lot – Old Carriage House Circle

A detailed drawing was submitted to three landscaping contractors for a Town owned lot adjacent to Veterans Park on Old Carriage House Circle.  One written proposal was received by Grand Island Greatscape in the amount of $5,656.06

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to amend the budget for landscaping materials to clean up a Town owned lot on Old Carriage Circle as follows:

 

Increase Appropriated Fund Balance                          001-0001-999                     $5,656.06

Increase Veterans Park Landscaping Materials            001-7110-0434            $5,656.06

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

                        Noes            0

 

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to award the bid to Grand Island Greatscape subject to evidence of adequate insurance coverage.  The amount of the bid is $5,656.06.

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

                        Noes            0

 

Monthly Supervisor’s Report – July 2005

The Supervisor reported a cash balance of $169,515 on July 1, 2005

Total Receipts of $2,154,597

Total Disbursements of $2,120,903

Operating A/C Interest $71

Operating A/C Balance $203,280

Investment Interest $10,935

Investment Balance $3,834,219

Total Cash Balance as of July 31, 2005 $4,037,499

No action required by Town Board.

 

COMMUNICATIONS – OTHER OFFICIALS:

TOWN ATTORNEY - PETER GODFREY:

Accept the Annexed Deed of Dedication of Town Highway to be known as Part of Majestic Woods Drive

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to accept the Annexed Deed of Dedication of Town Highway to be known as part of Majestic Woods Drive subject to the approval of the Town Attorney, Town Engineer, Order of the Highway Superintendent and the attorney for Majestic Woods filing the Deed with the Erie County Clerk’s office and providing certified copies to the Town Attorney as follows:

            Upon submission of the annexed deed of dedication of Majestic Woods Development, 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 part of Majestic Woods Drive; now therefore, it is

            RESOLVED that, in accordance with the provisions of Section 171 of the 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 the aforesaid town highway to be known as Majestic Woods Drive, 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 Majestic Woods Drive, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorney for Majestic Woods Development, LLC, or his 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

 

Resolution Accepting Turnaround Public Drainage, Sanitary Sewer Easements for Majestic Woods Subdivision Part Two

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution accepting turnaround public drainage, sanitary sewer easements for Majestic Woods Subdivision Part Two subject to the approval of the Town Attorney, as follows:

WHEREAS, Majestic Woods Development, LLC, has offered for dedication lands for a proposed town highway to be known as part of Majestic Woods Drive; and

            WHEREAS, the plans submitted by Majestic Woods Development, LLC in connection with such proposed town highways include sanitary sewer and public drainage easements in favor of the Town of Grand Island; and

            WHEREAS, Majestic Woods Development, LLC, has offered such sanitary sewer and public drainage easements to the Town of Grand Island;

NOW, THEREFORE, BE IT RESOLVED, subject to the approval of the attorneys for the Town, the Town Board does hereby accept from Majestic Woods Development, LLC, the owner of Majestic Woods Subdivision, Part 2, a Permanent Easement for Sanitary Sewer and Public Drainage annexed hereto as attachment A, provided it is filed by the attorney for Majestic Woods Development, LLC, or his 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;

AND BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town, the Supervisor is authorized and directed to execute said easements. 

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

                        Noes            0

 

Amendment to Conservation Easement

A motion was made by Councilman Roesch, seconded by Councilman Robillard to adopt the amendment to the Conservation Easement for Majestic Woods as follows:

            WHEREAS, the Majestic Woods Development, LLC, with offices at 2635 Millersport Highway, Getzville, New York 14068, hereinafter referred to as the “Grantor”, is the owner of all the property and premises known as Majestic Woods Subdivision Part Two (“Subdivision”) situate in the Town of Grand Island County of Erie and State of New York, and more particularly described as follows: Being a part of Lot No. 103, Grand Island and more particularly set forth on a map thereof on file in the office of the Clerk of the County of Erie under Map Cover No. 3268; and,

            WHEREAS, the Town of Grand Island, hereinafter called the “Grantee”, having its office at 2255 Baseline Road, Grand Island, New York 14072, and the Grantor have the intent to preserve certain open space areas located within the bounds of Subdivision lot nos. 29 through 39 under said Map Cover; and,

            WHEREAS, Grantor and Grantee are parties to a Conservation Easement affecting portions of the lands contained in Sublots 40 – 51 under Map Cover 3138 (the “contiguous lands”), which Conservation Easement was dated February 5, 2003 and recorded in the Erie County Clerk’s Office on February 7, 2003 in Liber 11028 of Deeds at Page 9053; and,

            WHEREAS, Grantor and Grantee wish to extend the protections afforded to said contiguous lands under the said Conservation Easement to certain open space areas within the bounds of Subdivision lots nos. 29 through 39 under Map Cover No. 3268 thereby establishing a common plan for the nature of the use and enjoyment of the lands described in said Conservation Easement as the “Protected Property” and the following portions of Subdivision lots nos. 29 through 39 under Map Cover No. 3268:

            All that tract or parcel of land situate in the Town of Grand Island, County of Erie, State of New York, being part of Lots 103 and 104 of the Holland Land Company’s survey, as shown on a certain Map Cover entitled “Majestic Woods Subdivision Part Two”, as filed in the Erie County Clerk’s Office under Map Cover No. 3268 and shown thereon as lands lying south and west of a line marked on said Map Cover and described as “Limits of Conservation Easement” and to the north of the northerly line of lands marked on said Map Cover and described as “Lands to be conveyed to the Town of Grand Island (100’ Wide Parkway),” (Hereafter, the Protected Property and the lands described in this paragraph will be referred to collectively as the “Protected Lands”), 

            NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements of the parties hereto, and the sum of One and 00/100 Dollar ($1.00) and other valuable consideration, to each party by the other in hand paid, receipt whereof is hereby acknowledged, and for the purpose of carrying out the intention above expressed, Grantor and Grantee hereby covenant and agree as follows:

            That the terms of the Conservation Easement are hereby modified and spread over the entirety of the Protected Lands so that the Conservation Easement shall and now does constitute a common plan for the nature of the use and enjoyment of the Protected Lands.

Except as provided for herein, the Conservation Easement remains in full force and effect and is hereby confirmed and ratified.

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

                        Noes            0

 

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

MEO New Hire

Correspondence was received from Highway Superintendent Raymond Dlugokinski that James Daluisio, 1320 Whitehaven Road has been hired as a MEO effective August 24, 2005. The salary is per the Union Contract.  No action is required by the Town Board.

 

 

TOWN ENGINEER - JOHN WHITNEY:

Change Orders – Performance Service Contract – Job No. M-171

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve the request of the Town Engineer for Change Order CB04 for the performance service contract – Job No. M-171.  Change order CB04 is to provide labor, material and supervision to provide 3M Scotchtint Window film for the Town Supervisor’s office.  This Change Order will result in a net increase to the contract in the amount of $522.00.

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

                        Noes            0

 

 

Public Improvement Permit – Hidden Oaks Subdivision – Phase II

The Town Engineer reviewed the application for a Public Improvement Permit for Hidden Oaks Subdivision – Phase II and recommends approval.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Town Engineer to issue a Public Improvement Permit for Hidden Oaks Subdivision – Phase II.

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

                        Noes            0

 

Golden Age Center Roof Replacement – Job No. M-178

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Town Engineer to advertise for bids for the Golden Age Center Roof Replacement Job No. M-178.  The advertisement will run on Friday, August 19, 2005 and bids are to be received by and opened on Wednesday, August 31, 2005 at 10:00a.m local time.

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

                        Noes            0

 

Final Plat Approval – Park Place Subdivision – Phase VII

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to set a Public Hearing for Tuesday, September 6, 2005 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the proposed Final Plat Approval for Park Place Subdivision – Phase VII.

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

                        Noes            0

 

Award Bids – Master Lift Station Modifications – Job No.  M-170

Town Engineer John Whitney reported that he had opened the bids on August 10, 2005 for the Master Lift Station Modifications – Job No. M-170.  The bids were as follows:

 

Contract 1 – General

Quackenbush Co, Inc.                              $895,000.00

Sicar, Inc.                                                      $982,710.00

Kandey Company, Inc.                         $911,290.00

 

Contract 2 – Electrical

Tunney Electric, Inc.                                      $18,400.00

Weydman Electric & Communications            $23,400.00

CIR Electric Corp.                                                $27,900.00

            Frey Electric Construction, Co.                  $43,800.00

 

After careful review of the bids by Stearns & Wheler, LLC and Mr. Whitney, they recommend the contracts be awarded to Quackenbush Co., Inc. in the amount of $895,000.00 for the Contract 1 - General and Tunney Electric, Inc. in the amount of $18,400.00 for the Contract 2 - Electrical.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve Mr. Whitney’s request the contracts be awarded to Quackenbush Co., Inc. in the amount of $895,000.00 for the General Contract 1 and Tunney Electric, Inc. in the amount of $18,400.00 for the Electrical Contract 2.

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

                        Noes            0

 

Award Drainage Projects – Job No. D-34

Town Engineer John Whitney reported that he requested quotes from Sam Long’s Landscaping, Knab Brothers and LDC Construction for two drainage projects that need to be completed this year. 

The first project is located on Garden Parkway and involves 250 LF of 6” backyard drainage and 3 yards drains.  The only quote we received was from Sam Long’s Landscaping for $2,980.00

The second project is located at 211 South Lane and consists of 170 LF of 8” backyard drainage.  The only quote we received was from Sam Long’s Landscaping for $2,900.00.  LDC and Knab Brothers declined to provide quotes.

 

After careful review of the quotes, the Town Engineer recommends Sam Long’s Landscaping be awarded both projects for a total cost of $5,880.00

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept the recommendation of the Town Engineer and award projects to Sam Long’s Landscaping for a total cost of $5,880.00

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

                        Noes            0

 

Grand Island Boulevard Sanitary Sewer Construction – Job No. M-122-04

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Town Engineer to advertise for bids for the Grand Island Boulevard Sanitary Sewer Construction – Job No. M-122-04.  The advertisement will run on Friday, August 26, 2005 and bids are to be received by and opened on Wednesday, September 14, 2005 at 10:00a.m local time.

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

                        Noes            0

 

TOWN ACCOUNTANT – PAM WHITNEY:

Budget Amendment – Erie County Grant

The first half of the 2005 Erie County Grant for Youth Services has been received in the amount of $5,000.00.  The money is to be appropriated according to the budget submitted to Erie County and placed into Enrichment & Referral’s budget to cover the costs for the summer science project.

A motion was made by Councilman Roesch, seconded by Councilman Robillard to amend the 2005 budget as follows:

 

Increase Revenue a/c                 001-0001-3006            E.C. Grant               $5,000

Increase Appropriation               001-4210.0400            E&R Youth Services              $1,250

             001-4210-0100            E&R Personal            Svcs.            $3,750

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

                        Noes            0

 

ZONING INSPECTOR – JOHN McCARTHY:

Special Use Permit Renewal – Cathleen Shaw, 3054 Stony Point Road – 2 Agricultural Animals on 3.5 Acres

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the Special Use Permit Renewal for Cathleen Shaw, 3054 Stony Point Road for up to 2 agricultural animals on 3.5 acres.  The property has been inspected and it is unchanged.

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

                        Noes            0

PLANNING BOARD:

Petition to Amend the Zoning Map for Paul Long, 359 East River Road – Change of Classification from B-2 to R-1E

A motion was made by Councilman Robillard, seconded by Councilman Roesch to accept the recommendation of the Planning Board and amend the Zoning Map and grant change of classification from B-2 to R1-E to Paul Long for 359 East River Road.

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

                        Noes            0

 

Final Plat Approval – Hidden Oaks – Phase II

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and grant Final Plat approval for Hidden Oaks – Phase II.

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

                        Noes            0

 

COMMUNICATIONS - GENERAL:

State of New York, Department of State – Agreement #C005906 – Town of Grand Island LWRP

A motion was made by Councilman Crawford, seconded by Councilman Robillard to authorize the Supervisor to sign the agreement with the State of New York, Department of State to extend the agreement with an ending date of March 31, 2006 for the Local Waterfront Revitalization Program.

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

                        Noes            0

 

Grand Island Central School District – Donation of Voting Machines, by the Town, for School Elections

Correspondence was received by the Grand Island Central School District asking for the Town to donate six voting machines to the school district in 2006.

A motion was made by Councilman Crawford, seconded by Councilman Robillard to refer the request to the Town Clerk.

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

                        Noes            0

 

Douglas M. Learman – CSEA President – Assistant Municipal Engineer Position

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to refer the request of Douglas Learman, CSEA President to re-establish the position of Assistant Municipal Engineer in the CSEA bargaining unit, at Grade 9 of the contract to the Personnel Committee and the Town Attorney.

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

                        Noes            0

 

Dan Stinson – Resignation from Enrichment & Referral/G.I.F.T.S.

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to accept with regret a letter of resignation from Dan Stinson from Enrichment & Referral/G.I.F.T.S.  The Town Board will send a certificate of appreciation to Mr. Stinson.

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

                        Noes            0

 

 

 

Robert H. Westfall - Resignation from Planning Board

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept with regret a letter of resignation from Robert H. Westfall as the chairman of the Planning Board effective August 9th.  The Town Board will send a certificate of appreciation to Mr. Westfall.

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

                        Noes            0

 

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to appoint Douglas Scheid as chairman of the Planning Board with a term to expire

December 31, 2005.

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 #80336 – 80466

General                 $ 59,611.42

Highway    $ 10,982.19

Sewer                 $    5,108.71

Water                 $       517.18

Capital                 $  13,589.00

Garbage    $  69,688.50

Fire            $187,431.00

Total              $347,153.00

 

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:

Peter Kuszczak                                    Re: Rezoning at 1282 Stony Point

 

FROM THE TOWN BOARD:

Councilwoman Cooke: Enjoy the final weeks of summer.

 

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:35p.m.

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

                        Noes            0

 

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

Arthur Gilbert

Treva Chism

 

Respectfully submitted in the Town Clerk’s absence,

 

 

 

E. Diane Darmofalski

Deputy Town Clerk