Approved Minutes - June 7, 2004 Town Board Meeting
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 June,
2004.
Present:
Peter A. McMahon Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Daniel
F. Robillard
Councilman
Gary
G. Roesch
Councilman
Patricia Frentzel
Town Clerk
Peter Godfrey
Town Attorney
Absent:
Raymond Dlugokinski Highway
Superintendent
Others Present:
John Whitney
Town Engineer
Reverend
Paul Robinson of Trinity United Methodist Church gave the Invocation.
Councilwoman
Gary Roesch led the Pledge of Allegiance.
Supervisor
McMahon called the meeting to order at 8:00PM.
The Town
Board gave proclamations to Mary Dunbar-Daluisio and Gary Roesch Co-Chairs for
the American Cancer Society – Relay for Life Days – June 11-12, 2004.
Tim Grotz accepted on behalf of his daughter Meaghan, a proclamation
designating June 2004 as Meaghan’s Miracle Month.
The final proclamation was given to Ray and Anita DeGlopper and Joseph
Synakowski from the VFW proclaiming June 12, 2004 as Charles N. DeGlopper Day.
This is an
opportunity for residents to comment on any matter regarding the meeting agenda
items only. No residents spoke.
A motion was
made by Councilman Robillard, seconded by Councilman Roesch, to approve the
minutes from Workshop Meeting No. 21, May 12, 2004, Workshop Meeting No. 22, May
12, 2004, Workshop Meeting No. 23, May 28, 2004 Workshop Meeting No. 25, May 17,
2004 Regular Meeting No. 9, May 17, 2004.
One amendment was made to Regular Meeting No. 9 –
Councilman Richard Crawford: Traffic Safety Advisory Board Liaison –
Recommending Speed Reductions – Long Rd., Ransom Rd., Whitehaven Rd., Alvin
Rd. Motion should read:
A motion was
made by Councilman Crawford, seconded by Councilwoman Cooke to set up a meeting
with Maria Lehman to recommend speed reductions from 55mph to 45mph on Long Road
west of Grand Island Blvd., Ransom Road east of Sturbridge, Whitehaven Road west
of Alvin Rd, Whitehaven Road EAST
of Stony Point Rd. and Alvin Road.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
1.
Erie County – Dept. of Personnel –- Return of Payroll
Audit
2.
Erie County – Dept. of Probation and Youth/Detention
Services – Self Monitoring Process
3.
National Fuel – Information Regarding Abandonment of
“Paper” Streets
4.
Grand Island Memorial Library – 2003 Annual Report
5.
Gross, Shuman, Brizdle & Gilfillan – Notice of
Consolidation of Parcels at Town Hall Terrace
6.
Grand Island Lions Club – Annual Special Children’s
Picnic – July 21, 2004
7.
DEC – Notice of Exemption from Mined Land Reclamation Law
for Park Vue Subdivision Detention Pond
8.
Erie County Legislature – Meeting Notice of Committee on
Energy & Environment
9.
NYS – State Board of Real Property Services – Notice of
Tentative State Equalization Rate for 2004 Assessment Roll
10.
Adelphia – Notice of Additional Channels
11.
NYS Senate – Byron Brown - $4,000 Award for Police Radios
– Buffalo Crime Prevention Program
12.
GBNRTC – PCC – Meeting Notice – June 9, 2004
13.
County of Erie – Meeting Notice Overlay Program – June
3, 2004
14.
State Assembly of NY – William Magee – Response to Town
Board Correspondence to Opposition of Elijah’s Law
15.
County of Erie – Sales Tax Revenue Report – May 2004
16.
Erie County
Legislature – Notification of DWI/DWAI Vehicle Impoundment Law Filing
17.
NYS – State Board of Real Property Services – Revised
Residential Assessment Ratio
18.
Building Permits – May 2004
19.
Traffic Safety Advisory Board – Meeting Minutes – April
7, 2004
20.
Economic Development Advisory Board – Meeting Minutes –
May 13 & May 31, 2004
21.
Grand Island Citizens Corps Council – Meeting
Minutes – May 4, 2004
A motion was
made by Councilman Crawford, seconded by Councilwoman Cooke to approve the
consent agenda.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SUPERVISOR McMAHON:
Supervisor’s
Monthly Report – May, 2004
The
Supervisor reported a cash balance of $69,906 on May 1, 2004
Total
Receipts of $1,238,630
Total
Disbursements of $1,245,050
Operating
A/C Balance $63,486
Investment
Interest $5,771
Investment
Balance $5,125,018
Total
Cash Balance as of May 31, 2004 $5,188,504
No
action required by Town Board.
Erie
County Legislature – Authorize Supervisor to Sign Agreement for $500 Donation
- Sr. Citizens Center Automatic External Defibrillator
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the agreement with Erie County for a $500 grant
for an automatic external defibrillator to be placed in the Golden Age Center.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
National
Fuel, Verizon, Niagara Mohawk – Authorize Supervisor to sign Joint Easement
Agreement to Extend Utility Service
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the Joint Easement Agreement with National Fuel
for the Bikeway Crossing-River Meadows Subdivision, subject to the approval of
the Town Attorney.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
GIFTS –
Authorize Supervisor to Sign Memorandum of Understanding
A motion was made by Councilman Roesch, seconded by
Councilman Robillard to authorize the Supervisor to sign the Memorandum of
Understanding to continue GIFTS through June 2005.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
DEIS
– Environmental Assessment Upper Niagara River Remote Video Surveillance
Systems Draft
A copy of
the DEIS – Environmental Assessment Upper Niagara River Remote Video
Surveillance Systems Draft is available in the Supervisor’s office. No action
required.
Correction
in Pay Rate for Engineering Department
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to set
the pay rate for Hakim G. Hawreee at the correct rate of $21.84 (not $23.23 as
stated May 17, 2004), effective from the date of hire June 1, 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Sheriff
Patrick Gallivan – Citizen Survey on Police Integrity – Meeting Notice –
June 22, 2004 – 7:00pm – GI Memorial Library
Supervisor McMahon received a letter from Sheriff
Patrick Gallivan about a Citizen Survey on Police Integrity Meeting - June 22,
2004 at the Grand Island Memorial Library.
This meeting is open to the public.
No action required.
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK – PATRICIA A. FRENTZEL
Request
to Petition Board of Elections to Permanently Change Polling Locations –
Districts 2,3,11
A motion was made
by Councilman Crawford, seconded by Councilman Roesch to authorize the Town
Clerk to petition Erie County Board of Elections to allow a permanent change of
voting location for districts 2 and 11 from Huth Road Elementary School and
district 3 from the Grand Island Senior High School to the Grand Island Memorial
Library.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Notice of $250 Scholarship Award for the NYSATRC
Conference June 14-16, 2004 – Holiday Inn, Grand Island
Town Clerk Patricia Frentzel reported to the Town Board
that she is the recipient of a $250 Scholarship from the New York State
Association of Tax Collectors and Receivers for the statewide conference in
Grand Island, NY in June 2004. No
action required by Town Board. For
Information Only: No action
required.
TOWN
ATTORNEY – PETER GODFREY:
Change
Job Title in Water/Accounting Department
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to table
the Change in Job Title for Water/Accounting Department
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Wastewater
Treatment Plant Project – Resolution and Order After Public Hearing Approving
the Increase and Improvement of Facilities of the Sewer District.
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt
the Resolution and Order After Public Hearing Approving the Increase and
Improvement of Facilities of the Sewer District at a total cost of $1,240,000 as
follows:
WHEREAS, the
Town Board of the Town of Grand Island (herein called "Town Board" and
"Town", respectively), in the County of Erie, New York, has, pursuant
to Town Law Section 202-b the Town of Grand Island Engineering Department,
competent engineers duly licensed by the State of New York, to prepare a map,
plan and report for the improvements to the Sewer District (the
"District"), in the Town, involving (i) the installation of a new
floor mounted Cannon mixing system in the digester, (ii) replacement of the
Clarifier including replacing the existing mechanicals along with weirs,
baffles, and walkways, and (iii) the replacement of Pump Station 7 with a wet
well mounted pump station, including apparatus and other improvements and costs
incidental thereto, (the "Sewer District Improvement"); and pursuant
to the direction of the Town the Engineer has completed and filed with the Town
Board such map, plan and report for said increase and improvement of facilities
of the District and has estimated the total cost thereof to be $1,240,000; said
cost to be financed by the issuance of serial
bonds of the Town in the amount of $1,240,000, offset by any federal, state,
county and/or local grants received; and
WHEREAS, the
Town Board has given due consideration to the impact that the increase and
improvement of the facilities of the District may have on the environment and on
the basis of such consideration, the Town Board found that no substantial
adverse environmental impact will be caused thereby; and
WHEREAS, the
Town Board and the Town have complied in every respect with all applicable
federal, state and local laws and regulations regarding environmental matters,
including compliance with the New York State Environmental Quality Review Act,
comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration
and/or other applicable documentation, which has been filed in the office of the
Town Clerk.
WHEREAS, the
Town Board issued an Order at its October 20, 2003 meeting calling for a public
hearing to be held at the Town Hall, 2255 Baseline Road, Grand Island, New York,
on the 3rd day of November, 2003 at 8:00 p.m. o’clock P.M.
(prevailing time) to consider said increase and improvement of facilities of the
District and to hear all persons interested in the subject thereof concerning
the same and for such other action on the part of the Town Board with relation
thereto as may be required by law, and further ordered the Town Clerk to publish
at least once in a newspaper designated as an official newspaper of the Town for
such publication, and post on the sign board of the Town maintained pursuant to
subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by
said Town Clerk, the first publication thereof and said posting to be not less
than ten (10) nor more than twenty (20) days before the date of such public
hearing; and
WHEREAS,
said notices of the public hearing were properly published and posted and the
public hearing duly held at the time and place stated in the notices.
NOW
THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF GRAND
ISLAND, based on the information provided at the public hearing, as follows:
DETERMINED,
that it is in the public interest to increase and improve the facilities of the
District as hereinabove described and referred to at the estimated maximum cost
of $1,240,000; and it is hereby
DETERMINED,
that the parcels and lots of the District shall be benefited by said increase
and improvement of the facilities of the District; and it is hereby
ORDERED,
that the facilities of the District shall be so increased and improved and that
the Engineer shall prepare plans and specifications and make a careful estimate
of the expense for said increase and improvement of the facilities, and with the
assistance of the Town Attorney, prepare a proposed contract for the execution
of the work, which plans and specifications, estimate and proposed contract
shall be presented to the Town Board as soon as possible, and it is hereby
FURTHER ORDERED, that the expense of said increase
and improvement of the facilities shall be financed by the issuance of serial
bonds of the Town in an amount not to exceed $1,240,000, said amount to be
offset by any federal, state, county and/or local grants received, and the costs
of said increase and improvement of facilities shall be paid by the assessment,
levy and collection of special assessments from the several lots and parcels of
land within the District, which the Town Board shall determine and specify to be
especially benefited thereby, so much upon and from each as shall be in just
proportion to the amount of benefit conferred upon the same, to pay the
principal of and interest on said bonds as the same shall become due and
payable, except as provided by law.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Wastewater Treatment Plant Project – Bond
Resolution
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard
authorizing the increase and improvement of facilities of the sewer
district at a maximum amount not to exceed $1,240,000 and authorizing the
issuance of serial bonds in an aggregate principal amount not to exceed
$1,240,000 and to adopt the following bond resolution:
WHEREAS, the Town Board of the
Town of Grand Island, Erie County, New York (the “Town”), has determined to
proceed with the Increase and Improvement of Facilities of the Sewer District;
and
WHEREAS, the Town Board
desires to undertake (i) the installation of a new floor mounted Cannon mixing
system in the digester, (ii) replacement of the Clarifier including replacing
the existing mechanicals along with weirs, baffles, and walkways, and (iii) the
replacement of Pump Station 7 with a wet well mounted pump station, including
preliminary costs, apparatus, site work and other improvements and costs
incidental thereto, (the “Sewer District Improvement”); and
WHEREAS, the Town Board
desires to issue obligations of the Town to finance the costs of the Sewer
District Improvement.
BE IT RESOLVED, by the Town
Board (by the favorable vote of not less than two-thirds of all the members of
the Board) as follows:
SECTION 1. The specific purpose (hereinafter referred to as
“purpose”) to be financed pursuant to this resolution is the Increase and
Improvement of Facilities of the Sewer District (the “District”) consisting
of the Sewer District Improvements in the Town of Grand Island. The maximum cost of said purpose will not exceed $1,240,000.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:
A
memo was received from Ray Dlugokinski advising the Town Board that Mark
Dlugokinski has been upgraded from Laborer Position to MEO effective May 24,
2004
For
Information Only: No action
required.
TOWN ENGINEER - JOHN WHITNEY:
Change
Order No. 1 – Job No. D-32 – Contract Extension – 2003 Drainage
Improvement Program
A motion was made
by Councilwoman Cooke, seconded by Councilman Crawford to approve the extension
of the contract with LDC Co. to August 30, 2004 for Change Order No. 1 – Job
No. D-32 – 2003 Drainage Program due to inclement weather and the restriction
of the DEC’s constraints allowing no work in the protected creek before June
15, 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Award
Bid for Veterans Park Enhancement Project
Town
Engineer John Whitney reported that he had opened the bids on May 19, 2004 for
the Veterans Park Enhancement Project. Five bids were received from the following:
Northeast Diversification Inc.
$338,492.50
Louis DelPrince & Sons
$353,089.00
David Ogiony Development Co.
$475,355.00
Buffalo Creek Inc.
$574,899.75
Visone Construction Inc.
$714,350.00
After
careful review of the bids, Mr. Whitney recommended the low bidder, Northeast
Diversification Inc. be awarded the contract in the amount of $338,492.50.
They met all the specifications required.
A
motion was made by Councilman Robillard, seconded by Councilman Roesch to award
the Veterans Park Enhancement Project to Northeast Diversification Inc. in the
amount of $338,492.50.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Change
Order No. 3 – Job No. M-161-E -
Water Treatment Plant Filter Control Improvements, Electrical Contact
The Town’ s
Consulting Engineer on the project has reviewed the Change Order and recommends
approval.
A motion was made
by Councilman Robillard, seconded by Councilwoman Cooke to approve the request
of the Town Engineer for the Change Order Number 3 – Job No.
M-161-E.
Change Order No. 3 is for the installation of a pH monitoring system that
interfaces with the new work. The
change order will result in a net increase to the contract in the amount of
$3,460. The funds are available in the original bonded amount.
Councilman Crawford noted this project came in under budget overall and
this pH monitoring system is additional equipment.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Amend Owner/Engineer Agreement – Water Treatment
Plant Valve and Filter Control Rehabilitation
A
motion was made by Councilman Robillard, seconded by Councilman Crawford to
authorize the Supervisor to amend the Owner/Engineer Agreement with Wendel
Duchscherer for the Water Treatment Plant Valve and Filter Control
Rehabilitation, increasing the engineering costs by $550 to bring the total
agreement to $36,550.00
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
WATER/WASTEWATER
SUPERINTENDENT – WAYNE CLINTON:
Authorization
to Hire Two Part Time Seasonal Laborers - $8.00/hr as of June 24, 2004
A motion was made
by Councilman Robillard, seconded by Councilwoman Cooke to authorize the
Water/Wastewater Superintendent Wayne Clinton to hire two seasonal part-time
employees as laborers to work in the Water Department starting at $8.00/hour for
40 per week as of June 24, 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
ACCOUNTING
DEPARTMENT - PAM WHITNEY
Budget
Amendment – Police Uniforms – BVD Grant – Bulletproof Vests
$4,485
The town received
notice that they have been approved for The Bureau of Justice Assistance
Bulletproof Vest Grand Program. The
award is in the amount of $4,485 and it is a matching grant.
A motion was made
by Councilman Crawford, seconded by Councilman Robillard to approve a budget
amendment of $4,484 to appropriate our share of the funds to take full advantage
of the program. Increase
001-3120-0444 - Police Uniforms - $4,485; Increase 001-0001-9999 –
Appropriated Fund Balance $4,485.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
GIFTS
COORDINATOR – SUE NOVITS:
Request
for Budget Amendment – GIFTS Supplemental Funding 2004-2005
A motion was made
by Councilman Roesch, seconded by Councilman Crawford to approve a budget
amendment to supplement funding for GIFTS through December 2004.
Increase 001-4210-0100 – Enrichment & Referral – Personal
Services $9,000; Increase 001-0001-9999 – Appropriated Fund Balance - $9,000.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Request
to Hire 2 Part-Time Seasonal Instructors for the Summer Nature Program –
Funded by the Erie County Youth Connections Grant
A motion was made
by Councilman Roesch, seconded by Councilman Robillard to authorize Sue Novits
to hire 2 part time seasonal instructors for The Summer Nature Program funded by
the Erie County Department of Youth/Connections Grant.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
COMMUNICATIONS
– GENERAL:
Mark
Stone – St. Martin’s in the Field – Request to Approve Banner for Chicken
BBQ
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to refer
the request to the Town Attorney for a response. The request was from Mark Stone
of St. Martin’s in the Field for a banner for an upcoming Chicken BBQ.
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
#75864-76017:
General
$ 39,272.46
Highway
$ 24,865.15
Sewer
$ 12,723.97
Water
$ 13,257.81
Capital
$ 37,581.05
Total
$127,700.14
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. No residents
spoke.
FROM THE TOWN BOARD:
Councilmen
Roesch and Robillard, Supervisor McMahon: Each offered Congratulations to the
Class of 2004!
Crawford:
Asked Seniors to “Drive slow” tonight.
Cooke:
Charles N. DeGlopper Memorial Ceremony at 2pm June 12th at Maple
Grove Cemetery. Open house at the
VFW from 3-6pm and a dance honoring World War II Veterans from 6-10pm.
GI Memorial Library Annual Report shows Grand Island is the 15th
busiest library out of 51 in Erie County. 93,237
individual visits by residents!
ADJOURNMENT:
A motion was
made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the
meeting at 8:32P.M.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A moment of
silence was observed in memory of the following.
John
Henshaw
Marian
Skindell
John
Gilbert Martin
John
Pater
Bernice
(DeGlopper) Bailey
Jean
Cudmore
Shirley
Krentz
Janice
Roche
John
Krehl
Florence
Buzydlowski
Norma
Walker
Mary Catherine Squires
William
Batarla
Respectfully
Submitted,
Patricia A.
Frentzel
Town Clerk