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 7th of September, 2010.

 

Present:                      Peter A. McMahon                   Supervisor

Mary S. Cooke                        Councilwoman

Richard W. Crawford              Councilman

Gary G. Roesch                      Councilman

Raymond A. Billica                  Councilman

Patricia A. Frentzel                 Town Clerk

Peter Godfrey                          Town Attorney

 

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

Reverend Gerard Haberstro of Harbor Lights Fellowship gave the Invocation. 

Councilman Richard Crawford led the Pledge of Allegiance. 

 

PROCLAMATION:

Eagle Scout – Jason Chadwick

 

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

 

Speakers:                               None

 

PUBLIC HEARING:

Block Party – Karen DiCarlo – Jen Court Between #28 - #58 – Saturday, September 11, 2010

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition to temporarily close a portion of Jen Court between #28 - #58 into the cul-de-sac area on Saturday, September 11, 2010 from 3:00p.m. to 1:00a.m.

      

     Speakers in Favor:                 None

    Speakers in Opposition:          None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve the request to temporarily close a portion of Jen Court between #28 - #58 into the cul-de-sac area on Saturday, September 11, 2010 from 3:00p.m. to 1:00a.m. except for emergency vehicles.

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

                        Noes    0

 

Local Law Intro #2 of 2009 - Rezoning of Business Districts

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition to Local Law Intro #2 of 2009 - Rezoning of Business Districts.

 

     Speakers in Favor:                 David Brody, Bob Strell, William Tuyn        

    Speakers in Opposition:          James Dinsmore

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Billica, seconded by Councilman Roesch to table Local Law Intro #2 of 2009 - Rezoning of Business Districts for review of the comments.

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

                        Noes    0

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve Workshop Meeting #55, August 16, 2010, Minutes of Workshop Meeting #56, August 16, 2010, Minutes of Regular Meeting #15, August 16, 2010, Minutes of Workshop Meeting #57, August 17, 2010, Minutes of Workshop Meeting #58, August 19, 2010 and Minutes of Workshop Meeting #59, August 30, 2010.

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

                        Noes    0

 

 

CONSENT AGENDA:

1.      Western New York Water Works Conference – Elliott Lynch Memorial Scholarship

2.      Meeting Minutes – Board of Architectural Review – July 20, 2010

3.      Meeting Minutes – Commission for Conservation of the Environment – July 8, 2010

4.      Meeting Minutes – Zoning Board of Appeals – July 1, 2010

5.      Golden Age Center – Vehicle Usage – August 2010

6.      Golden Age Center – Facility Usage – August 2010

7.      Building Permits Issued – August 2010

8.      Time Warner Cable – Developments Affecting Time Warner Cable Subscribers in the Western New York Division

9.      County of Erie , Department of Central Police Services – 2009 STOP-DWI, Memorandum of Understanding

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the consent agenda as distributed.

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

                        Noes    0

 

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Resolution in Opposition to Downsizing Town Government

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the following resolution in opposition of a proposed downsizing of town government:

            WHEREAS,   the Town of Grand Island will hold a Special Election on Thursday, September 23, 2010 for the purpose of voting on a Proposition  which seeks to downsize the Town Board from 5 members to 3 members;  and

 

            WHEREAS,  downsizing to a three member Town Board would create serious difficulties in complying with state laws, including New York State’s Open Meetings Law, such that the Executive Director of the Committee on Open Government says it will be “quite difficult” for a three member Board to comply;  and

 

            WHEREAS,   a smaller Town Board will result in having less representation available to the public in general and to our valuable advisory boards in particular: and

 

            WHEREAS, downsizing to a three member Town Board would bring Albany’s “three men in a room” concept, with its dangerous concentration of power, to the Town of Grand Island; and

 

           WHEREAS, the maximum possible savings to Grand Island taxpayers is ten cents per one thousand dollars of assessed valuation; and

 

            WHEREAS, the Town Board believes that any possible savings would be offset entirely by additional costs associated with the engagement of workers to fulfill duties currently performed by Town Board members, and that the proposed downsizing would, in fact, increase the cost of government to Town taxpayers; now therefore  

 

            BE IT RESOLVED,  that for the foregoing reasons, the Town Board of the Town of Grand Island opposes the downsizing proposition; and

 

            BE IT FURTHER RESOLVED, that this same Town Board urges every registered voter to become informed about the issue and to vote on September 23, 2010.

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

                        Noes    0

 

Monthly Supervisor’s Report – July 2010

The Supervisor reported a cash balance of $468,718 on July 1, 2010

Total Receipts of $2,522,795

Total Disbursements of $2,190,823

Operating A/C Interest $69

Operating A/C Balance $800,760

Investment Interest $2,895

Investment Balance $7,036,491

Total Cash Balance as of July 31, 2010 $7,837,251

No action required by Town Board.

 

Special Use Permit Application – Jan Symon, 873 Amy Drive – Dog Grooming Business

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to deny the request for a Special Use Permit for Jan Symon, 873 Amy Drive for a dog grooming business, as this is not a customary home occupation.

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

                        Noes    0

 

Create Position – Chief Wastewater Treatment Operator

A motion was made by Councilman Billica, seconded by Councilwoman Cooke to authorize the Supervisor to submit the necessary paperwork to the Erie County Personnel office to create the position of Chief Wastewater Treatment Operator.

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

                        Noes    0

 

COUNCILMAN GARY G. ROESCH:

Development & Funding Agreement – JSJ Holdings LLC

A motion was made by Councilman Roesch, seconded by Councilman Crawford to table the Restore NY Grant Development and Funding Agreement with JSJ Holdings, LLC. 

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

                        Noes    0

 

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Award Bid, Job No. M-14-2010 – Bituminous Resurfacing of Various Town Roads

Town Engineer John Whitney reported that on September 1, 2010, the following bids were received for the above referenced project:

 

                  Amherst Paving                                                           $  292,127.00

                  Milherst Construction                                                       298,800.00

                  Zoladz Construction                                                         315,790.81

                  Robinson Paving, Inc.                                                      322,792.00

                  American Paving & Excavating                                       336,187.50

                  Occhino Corporation                                                       344,587.00      

                  Sicar Management & Construction                                 364,850.00

                 

The bids were reviewed and the Town Engineer recommends award to the low bidder Amherst Paving, Inc. in the amount of $ 292,127.00.

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to accept the recommendation of the Town Engineer and award the bid to Amherst Paving in the amount of $292,127.00

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

                        Noes    0

 

Award Contract – Water Treatment Plant, Sedimentation Basin    Upgrades – Project No. M-195

Town Engineer John Whitney reported that on August 25, 2010, the following bids were received for the Sedimentation Basin Upgrade Project at the Water Treatment Plant:

 

Contractor                                             Base Bid                     Base Bid + Alternate

LP Ciminelli                                         $1,133,000.00             $1,298,400.00

STC Construction Inc.                                     1,137,000.00               1,308,000.00

Milherst Construction Inc.                     1,148,000.00               1,308,000.00

Pinto Construction Services Inc.          1,264,930.00               1,431,170.00

Mark Cerrone Inc.                                 1,268,250.00               1,442,850.00

Nichols Long & Moore               1,288,000.00               1,461,000.00

 

Wendel Duchscherer, our consultant, has reveiwed the bids and recommends award of the Base Bid + Alternate to the low bidder LP Ciminelli, in the amount of $1,298,400.00.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the consultant and Town Engineer and award the bid to LP Ciminelli in the amount of $1,298,400.00.

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

                        Noes    0

 

Authorize Supervisor to Sign Professional Services Agreement – Sedimentation Basin Upgrades – Engineering During Construction and Resident Observation Services

The Town Engineer presented a proposal to provide Engineering during Construction and Resident Observation Services for the Sedimentation Basin Upgrades project. 

 

The cost for the additional services is as follows:

 

 

The funds are currently included in the Capital Plan and the bonding has been approved. 

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the Professional Services Agreement upon review and approval of the Town Attorney in the amount of $124,650.00.

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

                        Noes    0

 

 

REPORT OF THE AUDIT COMMITTEE:

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

 

Vouchers #98694 – 98847

General    $  36,415.62  

Highway   $    2,263.09

Sewer      $  55,139.62   

Water       $    8,314.24

Capital      $  59,161.00

       Total         $161,293.57

 

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

                        Noes    0

 

SUSPEND THE RULES:

Authorize the Supervisor to Sign Lease Agreement for Town Owned Polling Locations – Primary and General Election, 2010

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to Suspend the Rules to consider authorizing the Supervisor to sign a Lease Agreement for Town owned polling locations for the Primary and General Election in 2010.

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

                        Noes    0

 

A motion was made by Councilman Crawford, seconded by Councilman Roesch authorizing the Supervisor to sign a Lease Agreement for Town owned polling locations for the Primary and General Election in 2010.

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

                        Noes    0

 

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding Town government on any subject. 

Speakers:                               None

 

FROM THE TOWN BOARD: 

Councilwoman Cooke:  Saturday – 9/11/10 – VFW 11:00a.m. Memorial Service; Antique Boat Show – Buffalo Launch Club – Saturday – 9/11/10 from10:00a.m.-4:00p.m                                

 

Supervisor McMahon: Charles N. DeGlopper Medal of Honor unveiling - Saturday 9/11/10 – VFW 11:00a.m after service; Computer recycling program – ECC – Flyer in Town Hall Foyer

 

 

 

 

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at 8:48p.m.

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

                        Noes    0

 

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


Margaret Villano

Lucy Hayes

Norman Matteson

 

Respectfully submitted,

 

 

Patricia A. Frentzel

Town Clerk