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.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who spoke: None
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
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
SUPERVISOR McMAHON:
Supervisors 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-9s
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:
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
Boards 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
Clerks 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
Boards 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
Attorneys 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 Towns 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