July 16, 2007 Town Board Meeting Approved
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 16th of July
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.
Councilman
Richard W. Crawford led the Pledge of Allegiance.
PROCLAMATION:
Friends
of Lynnette Bike Tour – Members
of the Friends of Lynnette Bike Tour accepted the proclamation.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Speakers: David Galbo Re: Tea House/Gift Shop
PUBLIC
HEARINGS:
Wastewater
Fund – Vactor Truck – Adopt Bond Resolution
A
public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted
to speak in favor of or in opposition to the Bond Resolution for a portion of
the costs of a new Vactor Truck for use by the Town.
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 Roesch to adopt
the resolution and order after the Public Hearing approving the acquisition of
a new vactor truck for use by the Town 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 undertaken the acquisition
of a new Vactor Truck for use by the Town,
the forgoing to include all necessary equipment, materials and all
preliminary costs and other improvements and costs incidental thereto,
(collectively, the “Purpose”); and the Town has estimated the total cost
thereof to be a maximum amount of $275,000; fifty percent of which cost is to
be borne by the Consolidated Sewer District, said cost to be financed by the
issuance of serial bonds of the Town in the amount of $137,500, offset by any
federal and state funds received, and the remaining fifty percent by issuance
of serial bonds by the Town of Grand Island through the Highway Fund, pursuant
to a bond resolution adopted May 21, 2007.
WHEREAS, the Town Board
has given due consideration to the impact that the Purpose 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 July 2, 2007 meeting calling for a public hearing to be
held at the Town Hall, Grand Island, New York, on July 16, 2007 at 8:00
o’clock P.M. (prevailing time) to consider said acquisition of a new Vactor
Truck for use by the Town 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 acquire a new Vactor Truck for use by the Town as
hereinabove described and referred to at the estimated maximum cost of
$275,000; and it is hereby
DETERMINED, that the
parcels and lots of the District shall be benefited by said
acquisition of a new Vactor Truck; 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
fifty percent of the expense of said acquisition is to be borne by the
Consolidated Sewer District, said cost shall be financed by the issuance of
serial bonds of the Town in an amount not to exceed $137,500, 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 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 the remaining fifty percent by issuance of serial bonds
by the Town of Grand Island through the Highway Fund, pursuant to a bond
resolution adopted May 21, 2007, 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 Councilwoman Cooke to
adopt the Bond Resolution for the acquisition of a new Vactor Truck as
follows:
A BOND RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED July 16, 2007, AUTHORIZING THE ACQUISITION OF A NEW VACTOR TRUCK FOR USE BY THE TOWN A MAXIMUM AMOUNT NOT TO EXCEED $275,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $137,500, OFFSET BY ANY FUNDS RECEIVED FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK, THE COUNTY OF ERIE, AND/OR local grants 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 acquisition of a new
Vactor Truck for use by the Town (the “Purpose”); and
WHEREAS, the Town Board desires to undertake the acquisition of a new
Vactor Truck for use by the Town the forgoing to include all necessary
equipment, materials and all preliminary costs and other improvements and
costs incidental thereto, (the “Purpose”).
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
Local
Law Intro #5 of 2007 – Stop Signs Removal – Havenwood Lane, North of
Settler’s Row
A
public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted
to speak in favor of or in opposition to possibly adopting a Local Law
eliminating the stop signs located at Havenwood Lane, north of Settlers Row.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
accept the recommendation of the Traffic Safety Advisory Board and adopt Local
Law #3/2007 as follows:
Be it hereby enacted by the Town Board of the Town of Grand Island that
Section 46A-1 (A) of the Town Code shall be and hereby is revised by deleting
“Havenwood Lane (north of) Settlers Row” from the list of stop signs.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
approve Minutes of Workshop Meeting #43, July 2, 2007, Minutes of
Regular Meeting #12, July 2, 2007, and Minutes of Workshop Meeting #44, July
9, 2007.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
1.
Building
Permits Issued – June 2007
2.
Golden Age
Center – Vehicle Usage – June 2007
3.
Golden Age
Center – Facility Usage – June 2007
4.
State of New
York, Department of Transportation – PIN 5756.77 – Grand Island Bike Trail
5.
County of
Erie, Department of Environment and Planning – Final 2006 Comprehensive
Annual Performance Report (CAPER)
6.
Grand Island
Memorial Library – 2006 Annual Report
7.
State of New
York, Department of Transportation – Maintenance of State-owned Bike Paths
8.
2007 Parks
Application
9.
State of New
York, Department of State – 2006-2007 Shared Municipal Services Incentive
Grant Program, Shared Maintenance Facility Feasibility Study
10.
Meeting
Minutes – Zoning Board of Appeals – June 7, 2007
11.
Meeting
Minutes – Board of Architectural Review – June 12, 2007
12.
Meeting
Minutes – Grand Island Traffic Safety Advisory Board – June 12, 2007
13.
Meeting
Minutes – Planning Board – June 11, 2007
14.
Zoning Officer
– Activity Report, January 1, 2007 to June 31, 2007
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt
the consent agenda as distributed.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
SUPERVISOR McMAHON:
Support
for SPCA Grant Initiative
A
motion was made by Councilman Crawford, seconded by Councilwoman Argy to
reaffirm the Grand Island’s Animal Control Officer will support the efforts
of the animal alliance of WNY and the ECSPCA by partnering with them to save
the lives of cats and dogs through ongoing communication, record keeping, and
best practices.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
COMMUNICATIONS – OTHER TOWN OFFICIALS:
PATRICIA A. FRENTZEL – TOWN CLERK
Authorize
Supervisor to Sign Agreement with VitalChek
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
authorize the Supervisor to sign an agreement with VitalChek to provide
Debit/ATM services to the residents of Grand Island for transactions in the
Town Clerk’s office subject to the approval of the Town Attorney.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
HIGHWAY
SUPERINTENDENT – RAYMOND DLUGOKINSKI:
Summer
Help Hire
Superintendent
Raymond Dlugokinski informed the Town Board he has hired Lee Richard, as
summer help effective June 25, 2007 at the rate of $8.75 per hour.
This is for the information of the Town Board only.
DEPARTMENT
OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:
Award
Contract – East River Road Sewage Pump Station #3 Reconstruction – M-183
Town
Engineer John Whitney reported that he had opened the bids on July 11, 2007
for the reconstruction of Sewage Pumping Station #3 on East River Road.
Five bids were received from the following:
Milherst Construction, Inc.
$ 82,331.92
L.D.C. Construction, Inc.
$ 83,550.00
Yarussi Construction, Inc.
$ 85,000.00
Kandy Company, Inc.
$107,000.00
H & K Services, Inc.
$156,900.00
After
careful review of the bids, Mr. Whitney recommended the low bidder, Milherst
Construction, Inc. be awarded the bid in the amount of $82,331.92.
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept
Mr. Whitney’s request for low bidder, Milherst Construction, Inc.
to be awarded the bid for the reconstruction of Sewage Pumping Station
#3 on East River Road in the amount of $82,331.92.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Reaffirm
Final Plat Approval – River Meadows Subdivision – Section 5 – (20 lots)
Map
errors have resulted in the applicant needing to re-file the final plat for
Section 5 of the River Meadows Subdivision.
The approval expired from the previously granted approval of May 15,
2006.
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to
re-affirm Final Plat Approval for River Meadows Subdivision – Section 5.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Authorize
Supervisor to Sign Agreement with Energy Curtailment Specialists, Inc. (ECS)
The
Special Districts Committee has been approached by ECS to voluntarily utilize
the emergency back up generator at the Water Treatment Plant at times of high
energy demand in the state wide energy grid.
ECS will pay the Town $8.00/kW of curtailment plus an additional
$0.40/kWh during the curtailments period and will cover the cost of fuel
consumed by the generator. There
is no cost to the Town of Grand Island and we can withdraw from the program at
any time.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept
the recommendation of the Town Engineer and authorize the Supervisor to sign
the agreement with Energy Curtailment Specialists, Inc. (ECS) subject to the
approval of the Town Attorney.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Public
Improvement Permit – Kovacs Property, Meadow Lane, 3 Lots
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
accept the recommendation of the Town Engineer and issue a Public Improvement
Permit for sewer and drainage for the Kovacs property, Meadow Lane, subject to
the approval of the Erie County Health Department.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Award
Bid, Job No. M-14-2007 – Bituminous Resurfacing of Various Town Roads
Town
Engineer John Whitney reported that he had opened the bids on July 11, 2007
for bituminous resurfacing of various town roads.
Nine bids were received from the following:
Amherst Paving, Inc.
$304,788.00
Robinson Paving, Inc.
$299,315.15
Milherst Construction
$298,855.20
Northeast Diversification
$303,060.00
E&R General Construction
$335,505.00
Destro & Brothers Concrete $292,060.00
Occhino
$333,976.50
E & R General
Construction
$335,505.00
Yarussi Construction
$359,100.00
EdBauer Construction
$392,225.00
After
careful review of the bids, Mr. Dlugokinski and Mr. Whitney recommended the
low bidder, Destro & Brothers Concrete Co. be awarded the bid for
bituminous resurfacing of various town roads in the amount of $292,060.00.
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to
approve Mr. Dlugokinski and Mr. Whitney’s request for low bidder, Destro
& Brothers Concrete Co. to be
awarded the bid for bituminous resurfacing of various town roads in the amount
of $292,060.00.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
PLANNING
BOARD:
Catherine
Knight, Grand Island Blvd. – Site Plan Approval/Tea House and Gift Shop
(Review New Design and Performance Standards)
A
motion was made by Councilman Roesch, seconded by Councilman Crawford to
accept the recommendation of the Planning Board and approve the Site Plan for
Catherine Knight, 2014 Grand Island Blvd. for a Tea House/Gift Shop consistent
with the Design and Performance Standards and subject to the conditions of the
Planning Board.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Duty
Free Americas, Industrial Dr. – Site Plan Approval, Warehouse Addition
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 Duty
Free Americas, 200 Industrial Drive for a 15,000 square foot warehouse
addition subject to the conditions of the Planning Board.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
COURT:
2007 New York State
Unified Court System Court Assistance Program Grant Application
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
approve a resolution of support for a grant application for the 2007 NYS
Unified Court System Court Assistance Program Grant.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Re-appointment
of Marriage Officer
A
motion was made by Councilman Crawford, seconded by Councilwoman Argy to
re-appoint Maria Burns as a Marriage Officer for the Town of Grand Island
effective September 2, 2007 for a four year term ending September 1, 2011.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
COMMUNICATIONS
– GENERAL:
Traffic Safety Advisory
Board Resignation
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
accept with regret the resignation of William Vampotic from the Traffic Safety
Advisory Board and a certificate of appreciation is to be sent to Mr. Vampotic.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Raj Chopra – Request
to Revert to Original Zoning – Love Road
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer
the correspondence from Raj Chopra regarding a request to rezone 1815 Love
Road, back to the original B1/B2 to the Zoning Officer for an application to
rezone.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Waterbourne Real Estate
Advisors, LLC – River Meadows Subdivision
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept
an additional 4.65 +/- acres as Open Space from River Meadows Subdivision.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Harris
Beach, Attorneys at Law – Appointment Hearing Officer – Grand Island Fire
Company
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to
appoint Michael Dallessandro, Chairman of the Grand Island Fire Company as
Hearing Officer for a Public Hearing to be held at the Grand Island Fire
Company at a time and place convenient to the Fire Company and further direct
the Hearing Officer shall within 10 days of this appointment cause to be
published in full in the Island Dispatch a notice of public hearing to be held
not less than 14 days from the date of publication.
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 #87211 – 87345
General
$ 40,737.29
Highway
$ 29,600.72
Sewer
$ 29,137.43
Water
$ 1,726.51
Garbage
$ 92,112.62
Total
$193,314.57
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Argy, McMahon
Noes
0
UNFINISHED BUSINESS:
Approve Town Safety Manual
Remains Tabled
PUBLIC COMMENTS:
This is an
opportunity for residents to comment on any matter regarding Town government
on any subject.
Speakers:
Ken Knight Re:
Tea House/Gift Shop
FROM THE
TOWN BOARD:
Councilmen Crawford & Roesch:
Lions Club Picnic – 7-19-07 at the Buffalo Launch Club 9:30a.m. – 2:00p.m.
Councilwoman Cooke: Town Common Dedication – 7-17-07 at 7:00p.m.;
Friends of
Lynette –
Chinese Auction; Middle School – Battle of the Books – ECC – 8-4-07
Councilwoman Argy: Blood Drive – Fire Headquarters – 7-17-07 from 1:00-7:00p.m.
Supervisor McMahon: Town Surplus Auction –
7-21-07; SEQR Meeting – Country Club Cottages – 7-17-07 –
8:00p.m.
ADJOURNMENT:
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:34p.m.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A
moment of silence was observed in memory of the following:
Mary Smith
Kenneth Kinsey
Brenda Cook
Respectfully submitted,
Patricia A. Frentzel
Town Clerk