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 16th of May 2005.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

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                     

 

Rev. Earle King from St. Martin-in-the-Fields Church gave the Invocation. 

Councilwoman Cooke led the Pledge of Allegiance. 

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

 

PROCLAMATIONS:

VFW Buddy Poppy Days

A Proclamation was given to members of the VFW in recognition of Buddy Poppy Days.

 

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 Robillard to approve Minutes of Regular Meeting #8, May 2, 2005, Minutes of Workshop Meeting #22, May 2, 2005, Minutes of Workshop Meeting #23, May 2, 2005, and Minutes of Workshop Meeting #24, May 5, 2005.

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

                        Noes            0

 

PUBLIC HEARING: 8:00PM

Jayne Schaber, 394 Ransom Road – Special Use Permit - Keeping of Up to 4 Equine Animals

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 Jayne Schaber, 394 Ransom Road, for keeping of up to 4 equine animals in an R1-B residential area.

 

Residents who spoke in Favor: None

Residents in Opposition: None

 

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve the application of Jayne Schaber, 394 Ransom Road, for keeping up to 4 agricultural animals in an R1-B residential area.

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

                        Noes            0

 

CONSENT AGENDA:

1.      Golden Age Center – Facility Usage – April 2005

2.      Golden Age Center – Vehicle Usage – April 2005

3.      State of New York – Governor George E. Pataki – Public Meetings Regarding Grants for Programs that Protect and Improve the Quality of Natural Resources and Environmental Infrastructure

4.      New York State Office of Parks, Recreation and Historic Preservation – Veterans Park Enhancement Project, Phase II – Not Selected for Funding

5.      Building Permits – April 2005

6.      Clark Hill PLC - Attorneys at Law – Selling of Adelphia Communications

7.      Meeting Minutes – Zoning Board of Appeals – April 7, 2005

8.      County of Erie – Department of Environment & Planning – Restructure  the Planning Division Within the Department 

9.      Department of Army, Buffalo District, Corps of Engineers – Unauthorized Discharge of Fill

10.  Meeting Minutes – Board of Architectural Review – April 11, 2005

11.  Meeting Minutes – Planning Board – April 11, 2005

A motion was made by Councilman Crawford, 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:

Supervisor’s Report –  April 2005

The Supervisor reported a cash balance of $33,443 on April 1, 2005

Total Receipts of $1,140,032

Total Disbursements of $1,122,224

Operating A/C Interest $46

Operating A/C Balance $51,297

Investment Interest $12,854

Investment Balance $5,614,070

Total Cash Balance as of April 30, 2005 $5,665,367

No action required by Town Board.

 

Authorize Supervisor to Sign Isle Chem, LLC Lease Agreement

A motion was made by Councilman Roesch, seconded by Councilman Robillard to authorize the Supervisor to sign the lease agreement with IsleChem, LLC., 2801 Long Road at an annual cost of $1.00.  Lease is subject to permissive referendum.

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

                        Noes            0

Appointment to Commission for Conservation of the Environment

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to table the appointment to the Commission for Conservation of the Environment.

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

                        Noes            0

 

Budget Amendment for Snowplow

A motion was made by Councilman Crawford, seconded by Councilman Roesch to approve the budget amendment in the amount of $151,475.00 for the purchase of a snowplow, cab and chassis in the Highway Department as follows:

General Fund:

Increase            Transfer to Other Funds             001-9901-0903 

Appropriated Fund Balance                      001-0001-9999 

Highway Fund:

Increase            Interfund Transfers                             002-0002-5031

Highway Machinery – Equipment             002-5130-0200

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

                        Noes            0

 

Water Plant Helper

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to appoint James Pedlow, 3456 Wallace Drive to the position of Water Plant Helper at the rate of $20.98 effective 5-23-05.

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

                        Noes            0

 

Island Happenings/Kids Biz – Request to Close Whitehaven Road

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to authorizing the request to close Whitehaven Road from Grand Island Blvd. to Baseline on July 2, 2005 from 8:00a.m. to 4:00p.m. and to approve the request for police protection, barricades, porta potties, garbage cans and bleachers for the event.

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

                        Noes            0

 

COUNCILMAN RICHARD CRAWFORD:

Traffic Safety Advisory Board – TE-9’s

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Town Clerk to submit a TE-9 to the county to reduce the speed limit from 55 mph to 45 mph on Alvin Road, between Baseline and Whitehaven Roads.

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

                        Noes            0

A motion was made by Councilman Crawford, seconded by Councilman Roesch to

authorize the Town Clerk to submit a TE-9 to the county reduce the speed limit from 45 mph to 35 mph on Baseline Road, between Webb and Bedell Roads.

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

                        Noes            0

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to

authorize the Town Clerk to submit a TE-9 to the county to reduce the speed limit from 55 mph to 40 mph on Long Road, between Grand Island Boulevard and West River Road.

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

                        Noes            0

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to

authorize the Town Clerk to submit a TE-9 to the county to reduce the speed limit from 55 mph to 45 mph on Whitehaven Road, between Stony Point and East River Roads and on Whitehaven Road between Alvin and West River Roads.

APPROVED            Ayes            4            Crawford, Cooke, Robillard, McMahon

                        Noes            1            Roesch

A motion was made by Councilman Crawford, seconded by Councilman Roesch to

authorize the Town Clerk to submit a TE-9 to the county to reduce the speed limit from 55 mph to 40 mph on Bush Road, between Baseline and West River Roads.

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

                        Noes            0

A motion was made by Councilman Crawford, seconded by Councilman Robillard to

authorize the Town Clerk submit a TE-9 to the county to reduce the speed limit from 55 mph to 45 mph on Ransom Road, between Sturbridge Lane and East River Road.

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

                        Noes            0

 

COMMUNICATIONS – OTHER OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL:

Special Use Permit Renewal – Daniel & Marge Robillard, 423 Ransom Road – Agricultural Use

A motion was made by Councilman Crawford, seconded by Councilman Roesch to renew the Special Use Permit for Daniel & Marge Robillard, 423 Ransom Road for agricultural use.

APPROVED       Ayes         4     Cooke, Crawford, Roesch, McMahon

                        Noes    0

                        Abstain 1            Robillard

 

TOWN ATTORNEY – PETER GODFREY:

Resolution – SEQR Determination –  Woods Creek Convenience Store

A motion was made by Councilman Robillard, seconded by Councilman Crawford to adopt the resolution determining that no further SEQRA review is required for the Woods Creek Convenience Store as follows:

                Whereas, the Town Board of the Town of Grand Island has previously conducted a hard look at the potential environmental impacts of the proposed Woods Creek Convenience Store, and

            Whereas, the Town Board has re-examined its determination because of a change in plans for the store and the subdivision of the property.

            Now therefore be it resolved by the Town Board of the Town of Grand Island as follows:

            1.            The Town Board finds there is no need for a Supplement Environmental Impact statement.  The Board specifically reviewed traffic concerns, and found that background level estimates and projected impacts are unchanged, a conclusion confirmed by the Erie County Highway Department.  Additionally, no new drainage issues are raised by new regulations, and the drainage issue has been adequately addressed.  No information has been provided to the Board demonstrating that the changes in plans will cause a significant impact no fully evaluated in the prior review.

            2.             This resolution is effective immediately.

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

                        Noes            0

 

Resolution – Special Use Permit & Site Plan Approval – Woods Creek Convenience Store

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to adopt the resolution approving the Special Use Permit and Site Plan for the Woods Creek Convenience Store and the related subdivision of the property.

            Whereas, the Town Board of the Town of Grand Island has reviewed the application for the Woods Creek Convenience Store, and related applications for site plan approval and subdivision of property; and

            Whereas, the Town Board has previously conducted a hard look at the potential environmental impacts of the proposed Woods Creek Convenience Store, and the impacts from the change in plans, and determined no further review under the State Environmental Quality Review act was required.

            Now therefore be it resolved by the Town Board of the Town of Grand Island as follows:

            1.  In regard to the Special Use Permit, based on its review of the factors in the Town Zoning Code, the Board finds as follows:

 

            a.         The proposed use is designed, located and proposed to be operated so the public health, safety, welfare and convenience will be protected, with the condition noted below.

            b.         The proposed use is one that will not cause substantial injury to the value of other property in the neighborhood or community area where it is located.

            c.         The proposed use is compatible with adjoining development and the character of the neighborhood where it is located, as demonstrated by the Town Master Plan and zoning code.

            d.         Adequate landscaping and screening is provided to preserve the character of the neighborhood, and achieve the goals of the community for this type of use.

            e.         Adequate off-street parking and loading are provided under the site plan, and the special use will not substantially interfere with traffic on abutting streets, nor cause other traffic impacts.

            2.            The Special Use Permit is approved with the condition that the rooflines of the building match the roofline of the neighboring day care facility.

            3.            The site plan for the Store and subdivision of the property are also approved.

            4.            This resolution is effective immediately.

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

                        Noes            0

 

PLANNING BOARD:

Robert & Elizabeth Lutnick – 2296 and 2266 West Oakfield Road – Change Property Lines

A motion was made by Councilman Crawford, seconded by Councilman Robillard to accept the Planning Board’s recommendation and approve the request of Robert & Elizabeth Lutnick, 2296 and 2266 West Oakfield Road to change the property lines subject that the property owners will file the proper paper work with the Erie County Clerk’s office and will bear all expenses. 

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

                        Noes            0

 

Park Place Subdivision – Phase VI – Final Plat Approval

A motion was made by Councilman Robillard, seconded by Councilman Roesch to accept the Planning Board’s recommendation and grant Final Plat Approval to Park Place Subdivision – Phase VI.

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

                        Noes            0

 

 

TOWN ENGINEER - JOHN WHITNEY:

Authorize Engineering Services – Grand Island Boulevard Sanitary Sewer Construction

A motion was made by Councilman Roesch, seconded by Councilman Robillard to authorize the Supervisor to sign the Professional Services Agreement with URS Corporation for the Grand Island Boulevard Sanitary Sewer Construction Project subject to the Town Attorney’s approval.

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

                        Noes            0

 

 

WATER WASTEWATER SUPERINTENDENT – WAYNE CLINTON:

Authorization to Hire Two Part-Time Seasonal Employees

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Water Working Crew Chief to interview candidates and make two recommendations to the Town Board for the meeting June 6, 2005.  If there are no returning candidates, then authorize the Supervisor to advertise to fill the vacancies.

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

                        Noes            0

 

 

TOWN ASSESSOR – DAVID M. UNMACK:

Assessment Grievance Day for 2005

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to establish Thursday, June 9, 2005 as Assessment Grievance Day for Board of Assessment reviews.

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

                        Noes            0

 

 

RECREATION DIRECTOR – LINDA TUFILLARO:

Summer Hires

A motion was made by Councilman Robillard, seconded by Councilman Roesch to approve the hire and re-hire of 25 part-time summer helpers for the 2005 Summer Programs in Recreation.

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

                        Noes            0

 

 

COMMUNICATIONS – GENERAL:

Anna Ehlert – Resignation from the Traffic Safety Advisory Board

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept with regret a letter of resignation from Anna Ehlert as a member of the Traffic Safety Advisory Board.  The Town Board will send a certificate of appreciation to Mrs. Ehlert.

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

                        Noes            0

 

County of Erie – Department of Law – S.622/A.3483 Collateral Source Legislation

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to write a letter to the appropriate officials regarding the Town’s support for Collateral Source Legislation S.622 and A.3483.

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

                        Noes            0

 

Robert & Elizabeth Lutnick, 2266 West Oakfield Road – Change the Property Lines of SBL #’s: 63.16-1-37 and 63.16-1-38

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the correspondence from Robert and Elizabeth Lutnick, 2266 West Oakfield to the Town Board since the request has already been approved.

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

                        Noes            0

 

County of Erie – Department of Public Works – Stony Point Intersection (CR 308) – Intersections at Ransom and Bedell Roads

A motion was made by Councilman Crawford, seconded by Councilman Robillard to refer the correspondence from the Erie County Department of Public Works to the Town Board since the matter has already been dealt with.

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

                        Noes            0

 

Betty L. Harris – Resignation from the Public Safety Advisory Board

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept with regret a letter of resignation from Betty Harris as a member of the Public Safety Advisory Board.  The Town Board will send a certificate of appreciation to Mrs. Harris.

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

                        Noes            0

 

County of Erie – Department of Environment & Planning – Appointments to the Erie County Environmental Management Council (ECEMC)

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to appoint Sam Akinbami, 2227 West River Parkway as the ECEMC representative with a term to expire 5-31-07.

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

                        Noes            0

 

Adelphia – Adelphia Cable Communications Sale to Time Warner, Inc. & Comcast Corporation

For information only.  No Town Board action.

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #79407 – 79565:

General                 $90,352.84   

Highway                 $ 5,754.98

Sewer                 $19,683.07

Water                 $ 4,587.25

Capital                 $ 2,100.00

Garbage                 $69,688.50

 Total      $192,166.64

 

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

                        Noes            0

 

UNFINISHED BUSINESS:

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

A motion was made by Councilman Robillard, seconded by Councilman Crawford to approve the Special Use Permit application of Parkland Enterprises, Inc., Ransom & Stony Point Roads for a service station/convenience store subject to a change from the flat roof plan that was proposed to a roof style that is similar to the day care center and to grant Site Plan approval for the project.

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

                        Noes            0

 

Water/Wastewater Department Personnel Changes

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution making personnel changes to the Water/Wastewater Department as follows:

            WHEREAS, the Town Board of the Town of Grand Island wishes to make certain personnel changes in the Water/Wastewater Department

            WHEREAS, all such changes are intended to take place immediately; now therefore

            BE IT RESOLVED, that Wayne Clinton is permanently but probationary appointed to the civil service position of Director of Water/Wastewater; and

            BE IT FURTHER RESOLVED, that the Town Board hereby determines that Wayne Clinton has not passed his probationary period and as a result is hereby returned to his last competitive class civil service position of Wastewater Superintendent.

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

                        Noes            0

 

 

G.I.F.T.S. Program  - Authorize Supervisor to Sign Contract – GIFTS Program Admin/Operation

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign a contract with the vendor for the GIFTS Program Administration and Operation subject to the approval of the Town Attorney.

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: 

Kim Tetreault               Re: Convenience store and gas station

 

FROM THE TOWN BOARD:

Councilwoman Cooke: Memorial Day Ceremony is at DeGlopper Park @10:00a.m.

Councilman Crawford: Town Board was thorough in researching traffic, SEQR, drainage, and aesthetics before approving Convenience Store/Gas Station

Councilman Roesch: Property where Convenience Store/Gas Station will be has been Commercial Zoned for over 30 years, Rotary Hot Dog Sale this weekend at Tops Markets, discussed the financial situation in Town, G.I.F.T.S. Program

Supervisor McMahon: Town Board and residents spent 5 years of time and effort on Convenience Store/Gas Station, have a safe Memorial Day.

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the meeting at 8:59p.m.

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

                        Noes            0

 

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

 

Richard Schnitzer

Eleanor Thomas

Patricia Gaiser

William Wilson

Patricia Kelly Carminati-Levere

Georgia Mehl

Mildred Grimm

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel
Town Clerk