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.

 

PRIVILEGE OF THE FLOOR:

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.

           

APPROVAL OF MINUTES:

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

 

CONSENT AGENDA:

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:

Supervisor’s 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 Veteran’s 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 Town’s 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 Clerk’s 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 Crowe’s 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