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 19th of November 2007.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

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.

Reverend Paul Nogaro from St. Stephen RC Church gave the Invocation. 

Councilman Richard W. Crawford led the Pledge of Allegiance. 

 

PUBLIC COMMENTS:

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

 

Speakers:                                          None

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the Minutes of Regular Meeting #20, November 5, 2007.

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

Noes            0

 

CONSENT AGENDA:

1.      Golden Age Center – Facility Usage  - October 2007

2.      Building Permits Issued – October 2007

3.      Meeting Minutes – Zoning Board of Appeals – October 4, 2007

4.      Meeting Minutes – Planning Board – October 8, 2007

5.      Roland M. Cerone, Attorney at Law – Notice of Claim

6.      Lippman O’Connor – Assigned Counsel for Selective Insurance

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

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

Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Erie County Snow Plowing Contract

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to renew the snow plowing contract with Erie County for three years.  The contract is for three years with a 5 percent increase each year.

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

Noes            0

 

 

 

 

2008 Town Budgets

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to adopt the 2008 General Fund Budget:

Total appropriations                $6,015,317

                    Estimated revenues & transfers             $3,170,220

                    Appropriated fund balance             $   930,743

                    Amount to be raised by taxes             $1,914,354

                    Tax rate per $1,000 of assessed value                        2.912

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

Noes            0

 

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to adopt the 2008 Fire Protection Budget:

Total appropriations                $   997,166

                    Estimated revenues & transfers             $     10,000

                    Appropriated fund balance             $     27,166

                    Amount to be raised by taxes             $   960,000  

                    Tax rate per $1,000 of assessed value                      1.367

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

Noes            0

 

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the 2008 Highway Fund Budget:

Total appropriations                $2,572,367

                    Estimated revenues & transfers             $   337,677 

                    Appropriated fund balance             $   200,000

                    Amount to be raised by taxes             $2,034,690

                    Tax rate per $1,000 of assessed value                      3.095

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

Noes            0

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the 2008 Sewer District Budget:

Total appropriations                $2,823,206 

                    Estimated revenues & transfers             $2,079,500

                    Appropriated fund balance             $     15,862

                    Amount to be raised by taxes             $   727,844

                    Tax rate per $1,000 of land value only                       7.969

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

Noes            0

 

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the 2008 Water District Budget:

Total appropriations                $2,553,454

                    Estimated revenues & transfers             $1,806,625

                    Appropriated fund balance             $     57,288

                    Amount to be raised by taxes             $   689,541  

                    Tax rate per $1,000 of land value only                       5.782

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

Noes            0

 

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the 2008 Lighting District Budget:

Total appropriations                $   202,963

                    Estimated revenues & transfers             $       4,576

                    Appropriated fund balance             $     19,223

                    Amount to be raised by taxes             $   179,164  

                    Tax rate varies by district

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

Noes            0

 

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the 2008 Refuse & Garbage Budget:

Total appropriations                $1,341,816

                    Estimated revenues & transfers             $       0

                    Appropriated fund balance             $            0

                    Amount to be raised by taxes             $1,341,816

                    Flat rate per dwelling unit                                       $          196

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

Noes            0

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the 2008 Debt Service Budget:

Total appropriations                $1,206,980

                    Estimated revenues & transfers             $1,035,480

                    Appropriated fund balance             $   171,500

                    Amount to be raised by taxes             $       0

                    Tax rate per $1,000 of assessed value                             0

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

Noes            0

 

 

2008 Fire Company Contract

The Grand Island Fire Company has proposed a three-year contract beginning January 1, 2008 and expiring December 31, 2010.  The contract amounts are as follows:

                            2008            $927,681.16               Increase + 11.6%

                        2009            $958,166.16               Increase +  3.3%

                        2010            $985,210.16               Increase +  2.8%

A motion was made by Councilman Argy, seconded by Councilman Crawford to authorize the Supervisor to sign a three-year contract with the Grand Island Fire Company for services for the years 2008, 2009 and 2010.

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

Noes            0

 

 

Site Plan – 1917 Staley Road

A motion was made by Councilman Roesch, seconded by Councilman Crawford to amend the Site Plan to grant a one-year delay in the placement of the “top” coat of asphalt for 1917 Staley Road – Miss Cathy’s Dance Studio.

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

Noes            0

 

 

Shared Municipal Services Incentive Grant

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Supervisor to submit an application to the New York State Shared Municipal Services Incentive Grant Program for the 2007-2008 Program Year.  As lead applicant, the Town of Grand Island will be responsible for all financial and administrative processes relating to the grant program.  The Grand Island Central School District will participate as co-applicant and will support the Town of Grand Island in all grant administration matters pertaining to this application.

 

The purpose of the application, titled the Shared Maintenance Facility Study, is to secure funds to conduct a feasibility study on the use of a shared maintenance facility for the Town of Grand Island and the Grand Island Central School District, thereby reducing costs for all partners.  Prior to the project, the Town of Grand Island will enter into a formal intermunicipal agreement with the Grand Island Central School District.

 

The maximum amount of funds applied for is not to exceed $100,000.  Should an award be made, The Town of Grand Island will contribute one-half of the required 10% match through funds from its 2008 budget.

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

Noes            0

 

Grand Island Fisherman’s Park  – Local Waterfront Revitalization Project (LWRP) Grant Application

The Environmental Protection Fund’s Local Waterfront Revitalization Plan project offers matching funds grants for implementing projects which advance the reuse of abandoned buildings and sites.  The former wastewater treatment plant on East River Road, next to the south Grand Island Bridge, fits that definition.  In addition, the proposed Fisherman’s Park is included in our recently adopted and approved LWRP because it offers access to the river.

 

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to authorize Peter McMahon, Supervisor of the Town of Grand Island, to file an application for funds from the New York State Department of State Local Water Revitalization Program Environmental Protection Fund (2007-2008) in an amount not to exceed $600,000 and upon approval of said request to enter into and execute a project agreement with the State to assist in the construction and enhancement of the Fisherman’s Park project.

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

Noes            0

 

Niagara River Greenway Grant Applications

The Town has developed a plan to convert the former wastewater treatment plant on East River Road next to the south Grand Island Bridge into a fisherman’s park.  The proposed project meets all of the published criteria for funding by the Niagara River Greenway. 

 

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize Peter McMahon, Supervisor of the Town of Grand Island, to file an application for funds from the Niagara River Greenway Commission in an amount not to exceed $600,000 and, upon approval of said request, to enter into and execute a project agreement with the Commission to assist in the construction and enhancement of the Fisherman’s Park project.

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

Noes            0

 

 

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

Niagara Falls Campground LLC (a/k/a Whitehaven Road Campgrounds) – Mining Overlay District – Local Law #4/2007

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to adopt Local Law Into #7/2007 as Local Law #4/2007 as follows:

 

SECTION 1:  This local law may be known as the “Niagara Falls Campground, LLC Mining/Excavation Overlay District Amendment.”

 

SECTION 2:  The Zoning Map of the Town of Grand Island, adopted pursuant to Section 49-21 of the Town of Grand Island Town Code, is hereby amended by adding a Mining/Excavation Overlay District on a portion of Parcel 36.00-1-1.11, Whitehaven Road, Grand Island, New York described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Grand Island, County of Erie, State of New York, being part of Lot 65, and more particularly bounded and described as follows:

COMMENCING at a point at the southwest corner of Lot No. 65 on the centerline of Whitehaven Road; thence easterly along the south line of Lot No. 65 and the centerline of Whitehaven Road a distance of 172.33 feet; thence northerly, parallel with the west line of Lot No. 65, a distance of 933 feet, thence easterly, parallel with the south line of Lot No. 65 a distance of 152.76 feet, thence northerly, parallel with the west line of Lot No. 65, a distance of 175 feet to the POINT OF BEGINNING; thence continuing northerly, along a line parallel with the west line of Lot No. 65 a distance of 1,025 feet to a point; thence easterly, parallel with the south line of Lot No. 65 a distance of 825 feet; thence southerly, parallel with the west line of Lot No. 65, a distance of 1,025 feet; thence westerly, parallel with the south line of Lot No. 65, a distance of 825 feet to the PLACE OR POINT OF BEGINNING.

Containing 19.413+/ Acres.

 

SECTION 3: This Local Law shall be effective upon filing with the Secretary of State in accordance with the Municipal Home Rule Law.

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

Noes            0

 

Niagara Falls Campground LLC (a/k/a Whitehaven Road Campgrounds) – Site Plan Approval

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the recommendation of the Planning Board and approve the Site Plan for Niagara Falls Campground LLC (a/k/a Whitehaven Road Campgrounds).

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

Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Request to Advertise for Bids – 2007 Drainage Program

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Town Engineer to advertise for bids on the proposed 2007 Drainage Program on November 30, 2007 and open bids on December 12, 2007 at 10:00a.m.

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

Noes            0

 

Award Contract – Sanitary Sewer Pump Station # 9 Emergency Power – M - 184

Town Engineer John Whitney reported that he had opened the bids on November 14, 2007 for the Sanitary Sewer Pump Station #9 Emergency Power Project.  Five bids were received from the following:

O’Connell Electric Co.                                       $39,400.00

Frey Electric Construction Co.                  $40,100.00

LDC Construction Co.                                          $42,845.00

Weydman Electric                                              $52,000.00

CIR Electric Co.                                       $44,000.00

After careful review of the bids, Mr. Whitney recommended the low bidder, O’Connell Electric Co. be awarded the bid in the amount of $39,4000.00.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept Mr. Whitney’s request for the low bidder O’Connell Electric Co. to be awarded the bid for the Sanitary Sewer Pump Station #9 Emergency Power Project. in the amount of $39,400.00.

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

Noes            0

 

PLANNING BOARD:

Oakwood Estates/East River Road Frontage Lots North of Whitehaven Road – Preliminary Plat Approval

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to set a Public Hearing for Monday, December 3, 2007 at 8:00p.m.for the purpose of hearing anyone who wanted to make comments in favor or in opposition to the proposed Preliminary Plat Approval for Oakwood Estates/East River Road Frontage Lots North of Whitehaven Road.

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

Noes            0

 

Stephen Birtz – Site Plan Approval/Recreational Pond – Fix Road

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Planning Board and approve the Site Plan for a recreational pond located at 2230 Fix Road subject to the following conditions set by the Planning Board:

 

1. Pond side slopes shall have a maximum slope of 3’H: 1’V to a depth of 6’.

2. Berms shall not cause ponding of water on adjacent properties.

3.  Temporary material stockpiled shall be stabilized per stormwater regulations.

4.  Vegetative cover shall be established on disturbed areas as per stormwater regulations.

5.  NYS DEC safety postings shall be utilized.

 

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

Noes            0

 

Fantasy Island – Exception to Subdivision Regulations to Split Property

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and waive subdivision regulations for Fantasy Island, 2400 Grand Island Blvd. for the splitting and combining of the lots subject to evidence satisfactory to the Town Attorney that Parcel C has been attached to Parcel B once single ownership is approved.

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 #88594 – 88649

General       $ 26,258.91 

Highway      $      243.95

Sewer $ 13,917.74

Water $   5,318.98    

 Garbage      $ 93,813.37

Total $139,552.95

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

Noes            0

 

UNFINISHED BUSINESS:

Approve Town Safety Manual

Remains Tabled

 

Community Movie Showcase Agreement

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the Community Movie Showcase Agreement to the Town Board.

APPROVED            Ayes            5            Cooke, Crawford, Roesch, Argy, 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: 

From All: Happy Thanksgiving.

Councilwoman Cooke: Thanks to all the volunteers who helped plant trees.

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 8:25p.m.

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

Noes            0

 

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


 


Robert Wright, Sr.

Theresa Phillips

Earl Webb

Helen Duchman

Francis Lally

Edward Kaczmarowski

Earl Aylor

Myrtle Killian

Michael Lynott

James Buckley

 

Respectfully submitted,

 

Patricia A. Frentzel

Town Clerk