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 6th of June 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
John Alessi Town
Attorney
Also Present: John
Whitney Town
Engineer
Rev. Paul Robinson of Trinity United Methodist Church gave the Invocation.
Councilman Crawford
led the Pledge of Allegiance.
Supervisor McMahon
called the meeting to order at 8:00PM.
PROCLAMATIONS:
Annual
Relay for Life – June 10-11, 2005
A Proclamation was given to members of the Relay for Life
committee in recognition of the Relay for Life event to be held on June 10 and
11th at the High School.
Dorothy
Bitner – Traffic Safety Advisory Board – William G. Payne Memorial Award
Recipient
A Proclamation was given to Dorothy Bitner and was received
by Dorothy and members of the Traffic Safety Advisory Board in recognition of
Dorothy Bitner receiving the William G. Payne Memorial Award.
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 #9, May 16, 2005, Minutes of Workshop Meeting #27,
May 16, 2005, Minutes of Workshop Meeting #28, May 17, 2005 and Minutes of
Workshop Meeting #29, May 24, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
1.
Adelphia - Viacom Plan to Replace VH1 Mega Hits with Logo
2.
State of New York –
Department of State – Review of the Town of Grand Island Local Waterfront
Revitalization Program
3.
Law Department,
Office of the Corporation Counsel of the City of New York – Support of
Collateral Source Bill Acknowledgement
4.
New York State Office of Real Property Services- Revised
Residential Assessment Ratio
5.
Meeting Minutes – Economic Development Advisory Board – May
12, 2005
6.
Meeting Minutes – Traffic Safety Advisory Board – April 12,
2005
7.
State of New York – Executive Department – State Board of
Real Property Services – Certificate of Final Special Franchise Assessment
8.
Greater Buffalo-Niagara Regional Transportation Council –
Notice of GBNRTC-PCC Meeting
9.
Ash Brooke Court Enterprises, L. C. – Discharge of File No.
205-0035(0)
10.
Meeting Minutes – Community Enrichment Council – May 19,
2005
11.
Golden Age Center – Vehicle Usage – May 2005
12. NYS – DEC – Municipal Official’s Guide to Forestry (On File in Town Clerk’s Office)
A motion was made by Councilman Roesch, seconded by Councilman Crawford to approve the consent agenda as distributed and distribute item #12 to the Conservation Commission and the Long Range Planning Committee.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
SUPERVISOR McMAHON:
Merger of Public Safety
Advisory Board and Citizen Corps Council
A motion
was made by Councilman Robillard, seconded by Councilman Roesch to abolish the
Public Safety Advisory Board and transfer its members and responsibilities to
the Citizens Corps Council.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Wastewater Department
Personnel Changes
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt the
following resolution regarding the reorganization in the Wastewater Treatment
Plant:
WHEREAS,
the Town Board of the Town of Grand Island wishes to make certain personnel
changes in the Wastewater Department; and
WHEREAS,
for reasons of economy and efficiency, the Town Board of the Town of Grand
Island, has determined that it is prudent to abolish the Wastewater
Superintendent position;
NOW
THEREFORE, BE IT HEREBY RESOLVED, that
the position of Wastewater Superintendent shall be and hereby is abolished,
effective immediately.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the
following resolution regarding the reorganization in the Wastewater Treatment
Plant:
WHEREAS, the Town Board of the Town of Grand Island
wishes to make certain personnel changes in the Wastewater Department; and
WHEREAS,
for reasons of economy and efficiency, the Town Board of the Town of Grand
Island, has abolished the Wastewater Superintendent position; and
WHEREAS, on May 24, 2005 Erie County Civil
Service issued a Certified Preferred List for a Permanent appointment to the
title of Sr. Wastewater Treatment Plant Operator which identified Wayne T.
Clinton as having a Civil Service Preference to the appointment in said
position upon the abolition of the Wastewater Superintendent position, and
NOW
THEREFORE, BE IT HEREBY RESOLVED, that the Town Board hereby appoints
Wayne T. Clinton to the position of
Senior Wastewater Treatment Operator effective June 7, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Long Range Planning
Committee Appointments
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to appoint the
following to the Long Range Planning Committee. The term will expire upon receipt by the Town Board of any
committee recommendations for revisions to the Town’s Comprehensive Plan – 10
voting members and 3 alternates.
Peter C. Godfrey - Town Attorney
Robert
Westfall - Planning Board
Douglas
Scheid - Planning Board Alternate
Lawrence
Kieffer - Traffic Safety Advisory Board
Dorothy
Bitner - Traffic Safety Advisory Board Alternate
Dorothy
Westhafer - Environmental Conservation
Paul
Belter - Parks & Recreation Advisory Board
Jerry
Doane - Economic Development Advisory Board
Peter
McKee - Zoning Board of Appeals
Dario
Violanti - Zoning Board of Appeals Alternate
John
Whitney - Town Engineer
James
Sharpe - Chamber of Commerce
Frank
Burkhart - Citizen
One
voting Town Board member
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Seasonal Employees Water
Department
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to appoint
Justin Hoover and Adam Rivers for the position of seasonal employees in the
Water Department at a rate of $8.00 per hour, forty hours per week.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Authorize Supervisor to Sign
the Memorandum of Agreement - West Nile Virus – Larvicide Application
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize
the Supervisor to sign the Memorandum of Understanding with the Erie County
Health Department regarding the 2005 West Nile Virus Larvicide Application
Program.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Lake Ontario Lakewide
Management Plan – Meeting Notice – June 9,
7:00pm
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the
correspondence from Lake Ontario Lakewide Management Plan to the Conservation
Commission for their information.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS – OTHER OFFICIALS:
TOWN CLERK – PATRICIA A.
FRENTZEL:
Special Use Permit Renewal –
Patricia A. Burg, 3030 Stony Point Road – Keeping Up To 2 Agricultural Animals
on 3.5 Acres
A motion
was made by Councilman Crawford, seconded by Councilman Robillard to renew the
Special Use Permit for Patricia A. Burg, 3030 Stony Point Road for keeping up
to 2 Agricultural Animals on 3.5 Acres.
The property has been inspected and it is unchanged from last year.
APPROVED Ayes
5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Tower Permit Renewal –
Sprint Sites U.S.A., 3078 Staley Road – Communication Tower
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to renew the
Tower Permit for Sprint Sites U.S.A., 3078 Staley Road for a Communication
Tower. The property has been inspected
and it is unchanged from last year.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Tower Permit Renewal –
Sprint Sites U.S.A., 318 Baseline Road – Communication Tower
A motion
was made by Councilman Roesch, seconded by Councilman Crawford to renew the
Tower Permit for Sprint Sites U.S.A., 318 Baseline Road for a Communication
Tower. The property has been inspected
and it is unchanged from last year.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Special Use Permit Renewal –
Laura & Steven Gorcheck, 5302 East River Road – Keeping of 1 Agricultural
Animal on 2.3 Acres
A motion
was made by Councilwoman Cooke, seconded by Councilman Robillard to renew the
Special Use Permit for Laura & Steven Gorcheck, 5302 East River Road for
keeping up to 1 Agricultural Animals on 2.3 Acres. The property has been inspected and it is unchanged from last
year.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
TOWN ATTORNEY – PETER
GODFREY:
$175,000 Bond Resolution for
the Reconstruction and Resurfacing of Various Town Roads
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to approve the
$175,000 Bond Resolution for the Reconstruction and Resurfacing of Various Town
Roads as follows:
A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND
ADOPTED JUNE 6, 2005, AUTHORIZING THE RECONSTRUCTION AND RESURFACING OF VARIOUS
TOWN ROADS INCLUDING, BUT NOT LIMITED TO BEDELL ROAD FROM BASELINE ROAD TO
GRAND ISLAND BOULEVARD AND STONY POINT ROAD FROM LOVE ROAD TO BROADWAY AND
OTHER IMPROVEMENTS IN CONNECTION THEREWITH IN THE TOWN, IN AN AMOUNT NOT TO
EXCEED $175,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $175,000 OF THE TOWN OF GRAND ISLAND, OFFSET BY
ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED FOR SAID OBJECT OR
PURPOSE OR REDEMPTION OF THE TOWN’S OBLIGATION ISSUED THEREFOR. PURSUANT TO THE
LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE
BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN
SUPERVISOR.
BE IT RESOLVED, by the Town Board of the Town of Grand
Island, in the County of Erie, New York (the “Town”) (by the favorable vote of
not less than two-thirds of all the
members of the Board) as follows:
SECTION 1. The Town is hereby authorized to
undertake the reconstruction and resurfacing of various Town roads including,
but not limited to Bedell Road from Baseline Road to Grand Island
Boulevard and Stony Point Road from
Love Road to Broadway and other improvements in connection therewith, all of
the forgoing to include all necessary site work, equipment, apparatus and other
improvements and costs incidental thereto (the “Purpose”). The maximum cost of said purpose will not
exceed $175,000.
SECTION 2. The Town Board plans to finance the
maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $175,000 of
said Town, hereby authorized to be issued therefor pursuant to the Local
Finance Law, offset by any federal, state, county and/or local funds received.
SECTION 3. It is hereby determined that said
purpose is an object or purpose described in subdivision 20 (c) of paragraph
(a) of Section 11.00 of the Local Finance Law, and that the period of probable
usefulness of said purpose is 15 years, however, the obligations will be paid
off in five years or less.
SECTION 4. Current funds are not required to be
provided prior to the issuance of the bonds authorized by this resolution or
any notes issued in anticipation of the sale of said bonds.
SECTION 5. It is hereby determined the proposed
maturity of the obligations authorized by this resolution will not be in excess
of five years.
SECTION 6. The faith and credit of said Town are
hereby irrevocably pledged for the payment of the principal of and interest on
such bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds
becoming due and payable in such year.
There shall annually be levied on all the taxable real property of said
Town a tax sufficient to pay the principal of and interest on such bonds as the
same become due and payable.
SECTION 7. Subject to the provisions of this
resolution and of the Local Finance Law, pursuant to the provisions of Section
30.00 relative to the authorization of the issuance of bond anticipation notes
or the renewals of said notes and of Section 21.00, Section 50.00, Sections
56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the
powers and duties of the Town Board pertaining or incidental to the sale and
issuance of the obligations herein authorized, including but not limited to
authorizing bond anticipation notes and prescribing the terms, form and
contents and as to the sale and issuance of the bonds herein authorized and of
any bond anticipation notes issued in anticipation of said bonds, and the
renewals of said notes, are hereby delegated to the Town Supervisor, the chief
fiscal officer of the Town.
SECTION 8. The temporary use of available funds
of the Town, not immediately required for the purpose or purposes for which the
same were borrowed, raised or otherwise created, is hereby authorized pursuant
to Section 165.10 of the Local Finance Law, for the capital purposes described
in Section 1 of this resolution. The
Town then reasonably expects to reimburse such expenditure with the proceeds of
the bonds or bond anticipation notes authorized by Section 2 of this
resolution. This resolution shall
constitute the declaration of the Town’s “official intent” to reimburse the
expenditures authorized by Section 1 hereof with the proceeds of the bonds and
notes authorized herein, as required by United States Treasury Regulation
Section 1.150-2.
SECTION 9. The Town Supervisor is further
authorized to take such actions and execute such documents as may be necessary
to ensure the continued status of the interest on the bonds authorized by this
resolution, and any notes issued in anticipation thereof, as excludable from
gross income for federal income tax purposes pursuant to Section 103 of the
Internal Revenue Code of 1986, as amended (the “Code”) and to designate the
bonds authorized by this resolution, and any notes issued in anticipation
thereof as “qualified tax-exempt bonds” in accordance with Section
265(b)(3)(B)(i) of the Code.
SECTION 10. The Town Supervisor is further
authorized to enter into a continuing disclosure agreement with the initial
purchaser of the bonds or notes authorized by this resolution, containing
provisions which are satisfactory to such purchaser in compliance with the
provisions of Rule 15c12-12, promulgated by the Securities and Exchange
Commission pursuant to the Securities Exchange Act of 1934.
SECTION 11. The Town has determined that the
Project will not have a significant effect on the environment and, therefore,
no other determination or procedures under the State Environmental Quality
Review Act (“SEQR”) is required.
SECTION 12. The validity of said serial bonds or
of any bond anticipation notes issued in anticipation of the sale of said
serial bonds may be contested only if:
(1) (a) Such obligations are authorized for
an object or purpose for which said Town is not authorized to expend money, or
(b) The
provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication; or
(2) Said
obligations are authorized in violation of the provisions of the Constitution
of New York.
SECTION 13: The
Town Clerk is hereby authorized and directed to publish this resolution or a
summary thereof, together with a notice in substantially the form provided by
Section 81.00 of said Local Finance Law, in a newspaper having a general
circulation in the Town and designed as the official newspaper of the Town for
such publication.
SECTION 14. This
Resolution is effective immediately.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Tax Exempt Borrowing – Grand Island Fire Co. Inc.
A motion
was made by Councilman Roesch, seconded by Councilman Crawford to approve the
“Approval to Purchase” for the Grand Island Fire Co. Inc. to borrow $500,000
tax exempt for the financing of construction, reconstruction and improvement of
the firehouse facility located at 2275 Baseline Road, Grand Island, New York.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize
the Supervisor to sign the “Approval to Purchase by Elected Representative of
Political Subdivision Contracting for Firefighting Services” to borrow $500,000
tax exempt for the financing of construction, reconstruction and improvement of
the firehouse facility located at 2275 Baseline Road, Grand Island, New York. Execution of this document in no way creates
liability on the part of the Town of Grand Island and the Town of Grand Island
is not responsible for the repayment of any bonds issued pursuant thereto.
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 Councilwoman Cooke to approve the
request of Recreation Director, Linda Tufillaro to hire summer recreation
programs – 1 lifeguard instructor at $15.00 per hour seasonal, 4 lifeguards at
$6.70 per hour part time seasonal, and 2 recreation attendants at $6.50 per
hour seasonal.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
TOWN ENGINEER - JOHN
WHITNEY:
Hire Summer Intern
A motion
was made by Councilman Robillard, seconded by Councilman Crawford to approve
the request of Town Engineer John Whitney to hire Christopher Fiume as a summer
intern in the Engineering Department at the rate of $11.00 per hour. The effective date of hire will be June 7,
2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Authorization to Advertise – 2005 Highway Resurfacing Program – Various Town Roads – Job No. M-14-2005
A motion was made by Councilman Crawford, seconded by Councilman
Roesch to authorize the Town Engineer to advertise for bids for the 2005
Highway Resurfacing Program – Various Town
Roads – Job No. M-14-2005 on Friday, June 17, 2005 and to receive bids
on Wednesday, June, 29, 2005 at 10:00a.m. local time.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS – GENERAL:
Charles S. Lawrence –
Resignation from the Commission for the Conservation of the Environment
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to accept with
regret a letter of resignation from Chuck Lawrence as a member of the
Conservation Commission Advisory Board.
The Town Board will send a certificate of appreciation to Mr. Lawrence.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Traffic Safety Advisory
Board - Stop Sign Request, Park Place and Bonnywoods Crossing Response
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to accept the
recommendation of the Traffic Safety Advisory Board and deny the request to
install an All Way Stop at Park Place and Bonnywoods Crossing The location does not meet the warrants at
this time. The Supervisor is further
authorized to send a letter to Mrs. Emily Rallo informing her of the decision
of the Board.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Hopkins, Garas & Sorgi,
PLLC – Smith Ventures, LP – Mid Island Parkway (“Loop Road”) – File No. 2020.1
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to refer the correspondence
from Hopkins, Garas & Sorgi, PLLC representing Smith Ventures, LP regarding
the Mid Island Parkway (“Loop Road”) to the Long Range Planning Committee for
their meeting on June 9, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Hopkins, Garas & Sorgi,
PLLC – Niagara Associates Development, LLC – Mid Island Parkway (“Loop Road”) –
File No. 2020.1
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to refer the
correspondence from Hopkins, Garas & Sorgi, PLLC representing Niagara
Associates Development, LLC regarding the Mid Island Parkway (“Loop Road”) to
the Long Range Planning Committee for their meeting on June 9, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Costello & Frentzel –
Gary & Tonya Hollederer, 210 & 230 Deerwood Lane – Merge two lots into
one
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to approve the
merger of the two lots at the owners expense, subject to the owner providing
prove that the required legal documents have been filed with the Erie County
Clerk.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Gregg Horwitz – Staley &
Baseline Intersection – Request for Traffic Study
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to refer the
correspondence from Gregg Horwitz requesting a traffic study to be conducted at
the corner of Staley and Baseline Roads to be referred to the Traffic Safety
Advisory Board for review and recommendation.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Forbes-Capretto Homes – Mid
Island Parkway
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to refer the
correspondence from Forbes-Capretto regarding the Mid Island Parkway (“Loop
Road”) to the Long Range Planning Committee for their meeting on June 9, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Joseph & Cynthia Gioia –
Entranceway to Forest Creek Subdivision
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the
correspondence from Joseph & Cynthia Gioia regarding the entranceway to
Forest Creek Subdivision to the Town Attorney and Town Engineer for an opinion.
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 #79567 –
79783:
General $124,726.56
Highway $
16,682.92
Sewer $
31,038.91
Water $
28,419.08
Capital $
53,520.00
Total $254,387.47
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
UNFINISHED BUSINESS:
Appointment to Commission
for Conservation of the Environment
A motion was made by
Councilwoman Cooke, seconded by Councilman Roesch to appoint Christopher M.
Pennuto and Paul G. Leuchner to the Commission for Conservation of the
Environment both with a term expiring December 31, 2005.
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:
Susan Kline Re: Buckhorn Park Estates Development
FROM THE TOWN BOARD:
Councilman Crawford:
Crossing Guards are asking motorists near the elementary schools to SLOW
DOWN! Reminder to bicyclists and
skateboarders please wear headgear.
Councilman Robillard:
Softball Diamond Dedication Saturday at 10:00a.m. – Veterans Park
Councilman Roesch: The Relay for Life
will be held at the High School Friday June 10, 2005. Opening ceremony at 6:00p.m.
Supervisor McMahon: Relay for Life
Luminaries will be lit at 9:30p.m.
ADJOURNMENT:
A motion was made by
Councilwoman Cooke, seconded by Councilman Crawford to adjourn the meeting at
8:37p.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Alice
Griem
Marion
Birtz
Francis
Carr
Carol
Jones
Norma
Chateauneuf
Lydia Endres
Respectfully
submitted,
Patricia A. Frentzel
Town Clerk