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 November
2005.
Present: Peter
A. McMahon Supervisor
Richard W. Crawford Councilman
Mary S. Cooke Councilwoman
Daniel F. Robillard Councilman
Gary G. Roesch Councilman
Patricia A. Frentzel Town Clerk
Peter Godfrey Town
Attorney
Rev. Abram Dueck from Whitehaven Road Baptist Church gave the Invocation.
Councilman Roesch led
the Pledge of Allegiance.
Supervisor McMahon
called the meeting to order at 8:00PM.
PROCLAMATION:
Grand
Island High School Girls Varsity Soccer Team A member of the Grand Island
High School Varsity Soccer Team accepted the proclamation.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who spoke: Nancy Sandford Re: Thanks to Town Board for naming Veterans Park field #3 after brother Cpl. Robert B. Luther.
A motion was
made by Councilwoman Cooke, seconded by Councilman Roesch to approve Minutes of
Workshop Meeting #58, October 17, 2005, Minutes of Regular Meeting #19, October
17, 2005 and Minutes of Workshop Meeting #59, October 26, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
1.
Phillips Lytle LLP Seneca Nation, et al v. State of New
York, et al
2.
County of Erie, Department of Environment and Planning,
Division of Planning and Economic Development HUD Annual Assessment
3.
Meeting Minutes - Economic Development Advisory Board
October 13, 2005
4.
State of New York, Executive Department, Office of Real
Property Services - Distribution of
2005 STAR Administrative Aid
5.
County of Erie, Department of Environment and Planning
Quarterly Report 7/01/05 9/30/05
6.
The Assembly, State of New York, Albany Traffic
Congestion at the Grand Island Bridge
7.
County of Erie, Department of Environment and Planning,
Division of Planning and Economic Development New Laws and Grant Programs of
Interest
8.
State of New York, Department of State Agreement #C005906
Town of Grand Island LWRP
9.
Meeting Minutes Long Range Planning Committee September
27, 2005
10.
Meeting Minutes CEC Advisory Board October 20, 2005
11.
Golden Age Center Vehicle Usage October 2005
12.
Western Erie Canal Heritage Corridor, Planning Commission
Management Plan Approval and Grant Eligibility
13. Building Permits Issued October 2005
14.
Waste Management Contract Interpretation for Collection
and Disposal of Garbage, Refuse and Source Separated Recyclable Materials for
the Town of Grand Island & Fuel Surcharge
15.
Greater Buffalo-Niagara Regional Transportation Council
Notice of GBNRTC-PCC Meeting
16.
Ceremony for Sgt. John Basilone U.S.P.S. Stamp Dedication
17. Erie County Community Development Block Grand Funding for the Golden Age Center
A motion was made by Councilman Crawford, seconded by Councilman Robillard to refer item #14 to the Town Attorney and approve the remaining consent agenda items as distributed.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS - TOWN BOARD:
SUPERVISOR McMAHON:
Supervisors Appointment
Secretary
Supervisor
McMahon informed the Town Board he has appointed Elizabeth A. Zilbauer of 736
Baseline Road as his Secretary for the remainder of the year 2005 at Grade 6,
Step A, effective November 7, 2005. No action by the Town Board is required.
Human Resources Policy and
Procedure Policy #40- Personal Use of Town Property
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to adopt Human
Resources Policy #40 Personal Use of Town Property and direct the Supervisor
to make copies available to the Collective Bargaining Units and to all Town
employees.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Naming of Fields at Veterans
Park
The
Director of Recreation recommends that the Town name the Little League Baseball
Diamonds for the Grand Island men who served in the Armed Forces and who gave
the last full measure in the defense of this Nation and its way of life.
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to approve the
naming of the Veterans Park Little League Baseball Diamonds recognizing the
following individuals and authorizing permanent markings for the diamonds:
Field #2 Lt.
Martin Prast
Field #3 Cpl.
Robert B. Luther
Field #4 Lt.
Col. Terrence Crowe
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Supervisors Report
September 2005
The Supervisor
reported a cash balance of $208,276 on September 1, 2005
Total Receipts
of $1,110,868
Total
Disbursements of $1,156,299
Operating A/C
Interest $97
Operating A/C
Balance $162,942
Investment
Interest $8,452
Investment
Balance $2,971,081
Total Cash
Balance as of September 30, 2005 $3,134,023
No action
required by Town Board.
Supervisors Report October 2005
The Supervisor
reported a cash balance of $162,942 on October 1, 2005
Total Receipts
of $1,541,330
Total
Disbursements of $1,421,480
Operating A/C
Interest $61
Operating A/C
Balance $282,855
Investment
Interest $9,752
Investment
Balance $3,074,964
Total Cash
Balance as of October 31, 2005 $3,357,819
No action
required by Town Board.
Community Development Block
Grant (CDBG)
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize
the Supervisor to execute any contracts necessary if awarded the grant from the
Erie County Community Development Block Grant Consortium for the Golden Age
Center improvements and purchase of a van in the amount of $46,675, which the
Town ranks as its #1 priority project.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS OTHER OFFICIALS:
HIGHWAY SUPERINTENDENT -
RAYMOND DLUGOKINSKI:
Request Permission to Bid
for New 2006 Heavy Duty Plow Truck and Chassis
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize
the Highway Superintendent to advertise for bids for one new 2006 L8511
Sterling, tilt hood, diesel engine, heavy duty single axle plow truck with
heavy duty cab or equal. The bid
opening will be on November 23, 2005 at 10:00a.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
DEPARTMENT OF ENGINEERING
& WATER RESOURCES - JOHN WHITNEY:
Delinquent Water and Sewer
Accounts for 2006 Tax Rolls
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to adopt
the resolution from the Department of Engineering & Water Resources
Department Head, John Whitney that states:
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 2006.
Water $226,543.24
Sewer $311,965.71
Out of District Sewer $ 1,434.09
Meters $ 930.00
Misc. Charges $ 45.00
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 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch,
McMahon
Noes 0
Change Order No. 1-
Bituminous Resurfacing of Various Town Roads Job No. M-14-2005
The Highway
Resurfacing Contract is currently being completed, and because of the favorable
unit prices received and some under runs of quantities, the Highway
Superintendent has requested that the Town add the resurfacing of Autumnwood,
Calvano and Middle Road to the project.
This resulted in an additional $58,464.87 added to the contract.
The Town was able to
add the resurfacing of the Water Plant driveway (the portion around the
building) to the project for an additional
$7,908.25 and the low lift driveway for an additional $ 2,760.62.
These additions
resulted in a net increase to the contract of approximately $69,133.74. The funds are available in the Highway
Budget and in the Water Budget.
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to approve Job
No. M-14-2005 Change Order No. 1. Bituminous resurfacing of various Town
roads.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Change Orders Performance
Service Contract Job No. M-171
The Towns Consulting
Engineer on the project has reviewed the Change Orders and recommends approval
of the following Change Order Nos.: CBO5, CBO6, FREY5, FREY6, FREY7, FREY8,
FREY9 and DANFORTH2 (revised), DANFORTH3, DANFORTH4, DANFORTH5 and DANFORTH6
for the Performance Service Contract Job No. M-171.
Change Order No. CBO5
is to furnish and install a new exterior windbreak at the NYS Police
entrance. This Change Order will result
in a net increase to the contract in the amount of $ 2,850.00.
Change Order No. CBO6 is to furnish and install new main doors on the east, west and north sides of the building. This Change Order will result in a net increase to the contract in the amount of $ 25,744.60.
Change Order No.
FREY5 is to replace the signal at Stony Point and Whitehaven to match existing
layout. This Change Order will result
in a net increase to the contract in the amount of $ 10,220.00.
Change Order No.
FREY6 is to provide labor, material and supervision for installation of one (1)
additional exit sign at the Golden Age Center.
This Change Order will result in a net increase to the contract in the
amount of $ 266.30.
Change Order No.
FREY7 is to provide labor, material and supervision to provide replacement
floodlights at Wastewater Treatment Plant.
This Change Order will result in a net increase to the contract in the
amount of $ 740.56.
Change Order No.
FREY8 is for time and material to troubleshoot the control panel and make
necessary repairs at the Whitehaven Pump Station. This Change Order will result in a net increase to the contract
in the amount of $ 2,426.00.
Change Order No.
FREY9 is to provide labor, material and supervision to install new power poles
for the computer network at Town Hall.
This Change Order will result in a net increase to the contract of $
1,443.00.
Change Order No.
DANFORTH2 (revised) is final Time & Material price to repair the Sluice
Gate at the Wastewater Treatment Plant.
The revised Change Order will result in a net increase to the contract
of only $ 2,751.00. (The original
change order amount was not to exceed $ 4,200.00.)
Change Order No.
DANFORTH3 is to provide labor, material and supervision for upgrades to the
existing radio system to incorporate the new SCADA system. This Change Order will result in a net
increase to the contract of $ 38,775.00.
Change Order No.
DANFORTH4 is to provide labor, material and supervision to re-zone and balance
zones 6, 8 &10 and re-balance the remaining zones in the HVAC system at
Town Hall. This Change Order will result
in a net increase to the contract of $ 9,500.00.
Change Order No.
DANFORTH5 is to provide labor, material and supervision to install new outdoor
cooling tower at the Wastewater Treatment Plant. This Change Order will result in a net increase to the contract
of $ 21,000.00.
Change Order No.
DANFORTH6 is to provide labor, material and supervision to replace the shaft
for the sluice gate at the Wastewater Treatment Plant. This Change Order will result in a net
increase to the contract of $ 4,650.00.
The above listed
Change Orders total $120,366.46 and will be taken out of the contingency monies
in the performance service contract.
A motion was made by
Councilman Roesch, seconded by Councilman Robillard to approve the Change
Orders for Job M-171 as noted above.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
ZONING INSPECTOR JOHN
McCARTHY:
Special Use Renewal Paul
A. Ianni, 828 East River Road Keeping of 3 Agricultural Animals
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the
Special Use Permit for Paul Ianni, 828 East River Road for keeping of 3
agricultural animals on 4 acres. The
property has been inspected and it is unchanged.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Special Use Renewal
Michael & Judith Schneider, 1952 Harvey Road Keeping of 3 Agricultural
Animals
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the
Special Use Permit for Michael & Judith Schneider, 1952 Harvey Road for
keeping of 3 agricultural animals on 6.02 acres. The property has been inspected and it is unchanged.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
John W. Stickl Construction
Co., Inc. Petition to Amend Zoning
Map 28.5 Acres Southwest of Fix Road and Baseline Road From R-1D to R-2
Set Public Hearing
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to set a Public
Hearing for Monday, November 21, 2005 at 8:00p.m. for the purpose of hearing
anyone who wishes to comment in favor of or against the proposed request by
John W. Stickl Construction Company to amend the Zoning Map 28.5 acres
southwest of Fix Road and Baseline Road from R-1D to R-2.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Niagara Development Group
Petition to Amend Zoning Map River Oaks PUD Modify Zoning Lines Set
Public Hearing
A motion
was made by Councilman Crawford, seconded by Councilman Roesch to refer the
request from Niagara Development Group to amend the Zoning Map and modify
zoning lines at the River Oaks PUD to the Town Board.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
CODE ENFORCEMENT OFFICER
DOUGLAS M. LEARMAN:
Site Plan Revision 2920
Grand Island Boulevard
The Code
Enforcement Officer has reviewed the proposed modifications with the Town
Engineer and Zoning Officer. The Zoning
Board of Appeals granted a variance to permit parking in the required front
yard setback on September 1st.
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to approve the
Site Plan Revision for 2920 Grand Island Boulevard.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
WATER/WASTEWATER DEPARTMENT:
Authorization to Advertise
for the Hauling of Sludge
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the
request to advertise for bids for the hauling of sludge. The bids will be opened in the Town Clerks
office on Monday, November 28, 2005 at 10:00a.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS - GENERAL:
Bill Torchia, 2940 Bedell
Road Request that Town Abandon Interest in Parcel of Land
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to refer the
request by Bill Torchia, 2940 Bedell Road that the Town abandons interest in a
parcel of land to the Planning Board for review and recommendation.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Chuck & Mary Internicola,
2960 Bedell Road Exception to Subdivision Regulations 2940 Bedell Road
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the
request of Chuck & Mary Internicola, 2960 Bedell Road for an Exception to
Subdivision Regulations at 2940 Bedell Road to the Planning Board for review
and recommendation.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
County of Erie, Department
of Environment & Planning 30-Day Open Enrollment Period for Inclusion into
an Erie County Agricultural District
For
posting and information only. No action
required by the Town Board.
Veterans Memorial Monument DeGlopper Park
A motion
was made by Councilman Roesch, seconded by Councilman Crawford to authorize the
members of the Charles N. DeGlopper Memorial VFW Post 9249, American Legion
Post 1346 and The Disabled American Veterans Chapter#168 to proceed with
changing the memorial plaque to include Lt. Col. Terrence Crowes name subject
to final design approval by the Town Board.
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 #81104
#81316
General $
38,924.34
Highway $
38,849.10
Sewer $
25,512.24
Water $ 16,967.16
Capital $162,968.84
Garbage $ 69,688.50
Total
$352,910.18
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
UNFINISHED BUSINESS:
Planning Board New England Village Preliminary Plat Approval
This item remains tabled. No action by the Town Board.
Niagara Falls Campground,
LLC Whitehaven Road Amend Zoning Map/Parcel #36.00-1-1 from CR to R-1A
This item remains tabled. No action by the Town Board.
David A. Brody, P.C.
Vacant Land/Love Road Approve Splitting Lot/SBL #50.00-2-14.22
This item remains tabled. No action by the Town Board.
Waterford Park Subdivision
Preliminary Plat Approval
This item remains tabled. No action by the Town Board.
Buffalo Launch Club Site
Plan Approval/Gazebo
This item remains tabled. No action by the Town Board.
Whitehaven Road Campgrounds
Minor Subdivision/Preliminary Plat Approval
This item remains tabled. No action by the Town Board.
PRIVILEGE OF THE FLOOR:
This is an
opportunity for residents to comment on any matter regarding Town government on
any subject.
Residents who spoke:
None
FROM THE TOWN BOARD:
Councilman Roesch: Welcome Ms. Zilbauer, congratulations to
Grand Island Vikings, Tuesday is Election Day.
Robillard/Cooke: Veterans Day Ceremony Veterans Park,
Friday Nov. 11th at 11:00a.m.
VFW Open House immediately following, Tuesday is Election Day.
Supervisor McMahon: 2006 Budget Public Hearings Thurs.
Nov. 10th at 7:00p.m.
ADJOURNMENT:
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:29.p.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Robert
Bennett
Opal
Guenot
Howard
Juhre
John
Stolfo, Jr.
Thomas Godfrey
Respectfully
submitted,
Patricia A. Frentzel
Town Clerk