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 8:00p.m. on the 3rd
of November, 2008.
Present:
Peter A. McMahon
Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Gary
G. Roesch
Councilman
Susan J. Argy
Councilwoman
Patricia A. Frentzel
Town Clerk
Peter C. Godfrey
Town Attorney
Supervisor Peter McMahon called the meeting to order at 8:00p.m.
Councilman Richard Crawford led the Pledge of Allegiance.
Certificate
of Appreciation – Website Photo Contest Winner – Postponed until the next Town Board Meeting.
This is an opportunity for residents to comment on any matter regarding
the meeting agenda items only.
Speakers:
None
PUBLIC
HEARINGS:
$2,303,000
Improvements of the Town Water District
A
public hearing was held at 8:00 P.M. for the purpose of hearing anyone who
wanted to make comments in favor or in opposition to proposed bond resolution
for $2,303,000 for improvements of the Town Water District.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A motion was made by Councilwoman Cooke,
seconded by Councilwoman Argy to adopt the resolution and order after the
Public Hearing approving the increase and improvement of facilities of the
Town of Grand Island Water District 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 on behalf of the Town of Grand
Island Water District (the “District”), in the Town, has directed the Town
of Grand Island Engineering Department, competent engineers licensed in New
York, to prepare a map, plan & report for improvements for the
District’s water system improvements, including, but not limited to, the
installation of approximately 2,500 feet of 16-inch diameter waterline from
the plant discharge to Baseline Road and then to Bush Road, the upgrade of
tube settlers for the existing concrete coagulation basins at the old side of
the water treatment plant and the replacement of the existing accelerator with
new concrete sedimentation basins and a new tube settler train located in a
new building addition, all of the forgoing to include all necessary site work,
equipment, apparatus and other improvements and costs incidental thereto, (the
"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 a maximum amount of $2,303,000; said
cost to be financed by the issuance of serial
bonds of the Town in the amount of $2,303,000, offset by any federal, state,
county and/or local funds; 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, 2008 meeting calling for a
public hearing to be held at the Town Hall, Grand Island, New York, on
November 3, 2008 at 8 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 $2,303,000; 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
DETERMINED,
that all parcels and lots benefited by said increase and improvement of the
facilities are included in 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 $2,303,000, said amount to be offset by any federal, state, county
and/or local funds, and the costs of said increase and improvement of
facilities shall be annually apportioned among the District by the Town Board,
and the amounts so apportioned 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, and it is hereby
FURTHER
ORDERED, that within ten (10) days after adoption of this Resolution and
Order, the Town Clerk shall record with the Clerk of the County of Erie a copy
of this Resolution and Order, certified by said Town Clerk.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
A motion was made by Councilman Crawford, seconded by
Councilman Roesch to adopt the following resolution for $2,303,000
improvements of the Town Water District:
A bond
resolution of the Town Board of the Town of Grand Island, Erie County, New
York (the “Town”), November 3, 2008, authorizing the increase and
improvement of facilities of the Town of Grand Island Water District at a
maximum amount not to exceed $2,303,000, and authorizing the issuance of
serial bonds in an aggregate principal amount not to exceed $2,303,000, 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.
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 Town of Grand Island Water District (the “Improvement
Project”); and
WHEREAS,
the Town Board desires to undertake the construction of the Improvement
Project including, but not limited to, the installation of approximately 2,500
feet of 16-inch diameter waterline from the plant discharge to Baseline Road
and then to Bush Road, the upgrade of tube settlers for the existing concrete
coagulation basins at the old side of the water treatment plant and the
replacement of the existing accelerator with new concrete sedimentation basins
and a new tube settler train located in a new building addition, all of the
forgoing to include all necessary site work, equipment, apparatus and other
improvements and all preliminary costs and costs incidental thereto, (the
“District Improvement”).
WHEREAS,
the Town Board desires to issue obligations of the Town to finance the costs
of the 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:
and an action, suit or proceeding contesting such validity is commenced
within twenty days after the date of such publication; or
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
Niagara
River Estates – Section 4 (3 Lots) – Ransom Road – Preliminary Plat
Approval
A
public hearing was held at 8:00 P.M. for the purpose of hearing anyone who
wanted to make comments in favor or in opposition to proposed Preliminary Plat
Approval for Niagara River Estates – Section 4 (3 Lots) on Ransom Road.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to refer
the Preliminary Plat Approval for Niagara
River Estates – Section 4 (3 Lots) on Ransom Road to the Town Board for SEQR.
Noes
0
Farugia
Subdivision – Phase 1 (4 Lots) – Alt & Love Roads – Preliminary Plat
Approval
A
public hearing was held at 8:00 P.M. for the purpose of hearing anyone who
wanted to make comments in favor or in opposition to proposed Preliminary Plat
Approval for Farugia
Subdivision – Phase 1 (4 Lots) – Alt & Love Roads.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer
the Preliminary Plat Approval for Farugia
Subdivision – Phase 1 (4 Lots) – Alt & Love Roads
to
the Town Board for SEQR.
Noes
0
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
approve Minutes of Workshop Meeting #87, October 20, 2008, Minutes of Regular
Meeting #19, October 20, 2008, Minutes of Workshop Meeting #88, October 21,
2008, Minutes of Workshop Meeting #89, October 22, 2008, and Minutes of
Workshop Meeting #91, October 23, 2008.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
1.
Meeting Minutes – Board of Architectural Review –
September 16, 2008
2.
State of New York, Department of State – Agreement
#T006423 – Scenic Woods/Bicentennial Park Master Plan
3.
Association of Erie County Governments – Resolution
– Restore Funding to the Cooperative Extension, 4H and Erie County Soil
& Water Conservation District to
their 2008 Funding Level
4.
Meeting Minutes – Long Range Planning Committee –
August 27, 2008
5.
County of Erie, Department of Environment and Planning
– Quarterly Report – 7/01/08-9/30/08
6.
County of Erie, Comptroller – Erie County Sales and
Mortgage Tax Collections
7.
Town of Newstead – Resolution – Restore Funding to
the Cooperative Extension and Erie County Soil & Water Conservation
District to their 2008 Funding
Level
8.
New York State of Department of Environmental
Conservation, Division of Environmental Permits, Region 9 – Renewal of NYS
DEC Permit
A
motion was made by Councilman Crawford, seconded by Councilwoman Argy to adopt
the consent agenda as distributed.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
SUPERVISOR
McMAHON:
Adopt
Resolution – Erie County Inter-municipal Agreement
A motion was made by Councilwoman Cooke,
seconded by Councilwoman Argy to adopt the following resolution regarding an
inter-municipal agreement with Erie County:
WHEREAS, the Town of
Grand Island is in need of road striping services for Town roads, and
WHEREAS, the Erie
County Highway Department is able and willing to provide such services to the
Town of Grand Island, and
WHEREAS, the County of
Erie is willing to provide such services in return for the Town of Grand
Island giving the County a used GMC vacuum/sewer truck, and
WHEREAS, the
vacuum/sewer truck is surplus property which the Town no longer has a need
for, and
WHEREAS, the Town Law
permits the exchange of goods and services among municipal entities through an
inter-municipal agreement, it is hereby
RESOLVED, that the Town
of Grand Island Town Board hereby authorizes the Town to enter into an
inter-municipal agreement exchanging a used vacuum/sewer truck in return for
140,000 linear feet of road striping services annually for a three-year
period, and it is further
RESOLVED, that the Town
Supervisor is authorized to sign all necessary paperwork to transfer title to
the vacuum/sewer truck to the County of Erie, and it is further
RESOLVED, that the Town
Highway Superintendent is authorized to designate the roads which shall be
striped by the County of Erie over the next three (3) years, and it is further
RESOLVED, that the Town
Supervisor is authorized to sign an inter-municipal agreement with the County
of Erie consistent with this resolution on behalf of the Town of Grand Island.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
COUNCILWOMAN
MARY S. COOKE:
Commission
for the Conservation of the Environment – Resolution – Restore Funding to
the Cooperative Extension, 4H and Erie County Soil & Water Conservation
District to their 2008 Funding Level
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt the
following resolution:
WHEREAS, the Town of Grand Island recognizes the importance
of linking scientifically sound research to everyday living; and
WHEREAS, the research of New York State’s Land Grand
College, Cornell University, is disseminated by Cornell Cooperative Extension
in county-wide education, information and technical assistance programs
including but not limited to support to commercial and horticultural
businesses, soil testing, workforce training for nursery and landscape
professionals, Master Gardener, 4-H Youth Development, financial literacy
education, Eat Smart New York, Expanded Food and Nutrition Program (EFNEP) for
food stamp recipients, HeatSmart NY; and
WHEREAS, the Town of Grand Island has been advised that the
proposed budget submitted by Erie County Executive Chris Collins provides no
funding for Cornell Cooperative Extension in 2009; and
WHEREAS, the loss of Erie County funding to Cornell
Cooperative Extension ($295,000 in 2008) would result in the loss of all other
funding ($1.3 million for the total program in 2008) from private, state and
federal sources;
NOW THEREFORE, based on the reasons outlined above the Town
Board of the Town of Grand Island hereby resolves that
1.
Erie County
Executive Chris Collins and the Erie County Legislature restore funding for
Cornell Cooperative Extension to the 2008 funding level.
2.
Certified
copies of this resolution are forwarded to the Erie County Executive, all
members of the Erie County Legislature, Governing bodies of all Erie County
cities, towns and villages and the Erie County Commissioner of Environment and
Planning.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
COUNCILMAN
RICHARD W. CRAWFORD:
Traffic
Safety Advisory Board Meeting 10/14/2008 – KeyBank/Benderson Proposal
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
refer the correspondence from the Traffic Safety Advisory Board regarding the
KeyBank outparcel to the Town Engineer and the Planning Board.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
Hiring
of Part-time Crossing Guard
A
motion made by Councilman Crawford, seconded by Councilwoman Cooke to hire
Paul Leuchner as a Part-time Crossing Guard effective Tuesday, November 4,
2008 at a rate of $18.01 per hour.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
COMMUNICATIONS
– OTHER TOWN OFFICIALS:
DEPARTMENT
OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:
Delinquent
Water and Sewer Accounts for 2009 Taxroll
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt
the resolution from the Department of Engineering & Water Resources
Department Head, John Whitney as follows:
WHEREAS, the Department Head, Department of
Engineering & Water Resources did notify consumers within the respective
water and sewer districts on Grand Island by having the wording “IF NOT PAID
BY OCTOBER 31, ARREARS WILL BE ON TAX ROLLS” printed on water bills sent out
quarterly.
Now therefore, be it resolved that the following approximate amount be
applied to the Taxroll of 2009:
Water
$172,214.46
Sewer
$248,156.17
Out of District Sewer
$ 361.44
Meters
$ 3,451.59
Misc. Charges
$
180.00
Total
$424,363.66
Be it further resolved, that the Town Clerk is
hereby directed to accept no payments of such delinquent accounts after the
said last day of October 2008.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Request
Approval – Allow Niagara Falls Water Board to Award Bid - Water &
Wastewater Chemical Bid
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the renewal of the cooperative purchasing agreement, for a period
of one year between the Town of Grand Island and the Niagara Falls Water
Board, authorizing the Niagara Falls Water Board to act as the lead agency to
solicit bids and with Grand Island participating in the purchasing co-op, upon
the terms and conditions recommended for purchase of chemicals used in the
treatment of water and wastewater.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes 0
Site
Plan & Grading Permit for Pond Cleaning & Enlargement – Galenza
Property, Love Road
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept
the recommendation of the Town Engineer and issue a Grading Permit for pond
cleaning and enlargement for the Galenza Property on Love Road.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
Authorization
to Advertise for Bids – Wastewater Treatment Plant Polymer
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to
authorize the Town Engineer to advertise for bids for Polymer for the
Wastewater Treatment Plant on November 7, 2008.
Bids will be opened on November 19, 2008 at 10:00a.m.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
Authorization
to Advertise for Bids – 2008 Drainage Program D-37
A
motion was made by Councilman Roesch, seconded by Councilwoman Argy to
authorize the Town Engineer to advertise for bids for the 2008 Drainage
Program D-37 on November 14, 2008. Bids
will be opened on December 10, 2008 at 10:00a.m.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
RECREATION
DIRECTOR – LINDA TUFILLARO:
Winter
Adult & Youth Program Hires
A
motion was made by Councilwoman Argy, seconded by Councilman Roesch to
authorize the part-time appointment of the following for the Winter Adult
& Youth Programs: Reba
Conway, Kolby Banker, Mike Karpie, Tim Boorady, Molly Highland, Joe Oliverio,
Elizabeth Stanko, Aaron Wood, Joel Klock, Jessica Oyer, Jared Northrup at
$7.50 per hour from November 2008-April 2009.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
COMMUNICATIONS – GENERAL:
Robert
& Carolyn Marble – Request for Abandonment of Paper Street
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to refer
the request to abandon a paper street to the Highway Superintendent and
Planning Board for review and recommendation.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
REPORT OF THE AUDIT COMMITTEE:
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers #92206 – 92327
General
$ 19,621.86
Highway
$ 41,547.08
Sewer
$ 31,018.67
Water
$ 12,933.18
Trust & Agency
$
20.88
Total
$105,141.67
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
UNFINISHED
BUSINESS:
Upstate Cellular, Long Road – Site Plan Approval – Cell Tower
Remains
Tabled
Local
Law Intro #7 of 2008 – Request for Rezoning Property, Staley Road
A. Planning Board
– Invitrogen Corporation, Staley Road – Rezone from R1-A to M-1
(36.00-4-22.1) & (36.00-4-23.4)
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer
Local Law Intro #7 of 2008 – request for rezoning property on Staley Road to
the Town Board for SEQR.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
KeyCorp – Proposed Key Bank – Site Plan Review
Remains
Tabled
PUBLIC COMMENTS:
This is
an opportunity for residents to comment on any matter regarding Town
government on any subject.
Speakers:
Shelia
Figliotti
Re: Car
accident on East River
Michael Ziolkowski
Re: Cell Tower RF Consultant
FROM THE TOWN BOARD:
Councilman
Crawford: Traffic
Safety Advisory Board & Pedestrian accidents
Councilwoman
Cooke: Vote! –
Tree Planting – Saturday, November 8th – Vets Park; Veterans
Service – November 11th at 11:00a.m.
Councilwoman
Argy: Vote!
Councilman
Roesch: Photo
Contest winner; Spaghetti Dinner – Knights of Columbus – 4:00p.m. Tuesday,
November 3rd; Undie Sunday – Tops – Sunday, November 9th
Supervisor McMahon: Vote!
ADJOURNMENT:
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke
to adjourn the meeting at 8:38p.m.
APPROVED
Ayes 5 Cooke,
Crawford, Roesch, Argy, McMahon
Noes
0
A moment of silence was observed in memory of the following:
Nicholas Mondich
Andrew Conta
Gladys Staffen
Dr. Kenneth Klementowski
Lucille Long
Harold Roberts
Donald Killian
Gerald Bell
Douglas Lengyel
James Kennedy, Jr.
Mohamed El-Behairy
Respectfully
submitted,
Patricia
A. Frentzel
Town
Clerk