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
September 2004.
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
Also
Present:
Raymond Dlugokinski Highway
Superintendent
John
Whitney
Town Engineer
Grand Island Town Board Meeting - approved minutes September 7,
2004
Supervisor McMahon gave the Invocation.
Councilman
Daniel Robillard led the Pledge of Allegiance.
Supervisor
McMahon called the meeting to order at 8:00PM.
This is an
opportunity for residents to comment on any matter regarding the meeting agenda
items only.
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to
approve the Minutes from Regular Meeting #15, August 16, 2004; Workshop #33,
July 26, 2004; Workshop #36, August 16, 2004; and Minutes of Workshop #37,
August 26, 2004.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
PUBLIC HEARINGS:
John W. Stickl, 3952 East River Road for Final Plat
Approval – Grand Park Vue Subdivision
A public
hearing was held at 8:00 P.M. for the purpose of anyone wishing to speak for or
in opposition of the request of John W. Stickl, 3952 East River Road – Final
Plat Approval – Grand Park Vue Subdivision.
Speakers in
Favor: None
Speakers in
Opposition: None
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer
to matter to the Planning Board for review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Russell A. Certo, 1282 Stony Point Road
- Application to consider a change of classification under the building
zone ordinance for this property from R1E to R3.
A
public hearing was held at 8:00 P.M. for the purpose of anyone wishing to speak
for or in opposition of the request of Russell A. Certo, 1282 Stony Point Road,
for an application to consider a change of classification under the building
zone ordinance for this property from R1E to R3.
Speakers
in Favor: None
Speakers
in Opposition: E-mail correspondence was entered into the record from Henry
Carroll. Peter Kuszczak, 1302 Stony
Point Rd., Letter read from Doug & Polly Smith, 111 Hennepin Rd., Don Lewis,
1485 Red Jacket Rd., Henry Carroll, 1460 Red Jacket Rd.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer
the matter to the Planning Board for review and recommendation.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
1.
State of New York Public Service Commission Re: City of
Fulton Proceedings/Settlement Agreement
2.Erie
County Hazardous Waste Drop Off Day / Electronics Recycling Day
3.NFTA
– Annual Report 2003-2004
4.Meeting
Minutes – Sidewalk/Bikepath Committee Meeting No. 1 July 26, 2004
5.County
of Erie – Report regarding apportionment and distribution of 4% Sales Tax
revenue received for August 2004.
6.Meeting
Minutes – August 30, 2004 - Economic Development Advisory Board
7.2004
Urban Forestry Grant (Veterans, Tower and Ed Ball Parks)
8.Golden
Age Center – Vehicle Usage – August 2004
9.
Golden Age Center – Facility Usage – August 2004
10.
Meeting Minutes – Community Enrichment Council – August
19th
11.
Building Permits – August 2004
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the consent agenda.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
SUPERVISOR McMAHON:
Monthly
Supervisor’s Report – July 2004
The
Supervisor reported a cash balance of $99,031 on August 1, 2004
Total
Receipts of $1,210,380
Total
Disbursements of $1,269,861
Operating
A/C Balance $39,612
Investment
Interest $4,388
Investment
Balance $3,474,366
Total
Cash Balance as of August 31, 2004 $3,513,978
No
action required by Town Board.
COMMUNICATIONS – OTHER OFFICIALS:
TOWN CLERK – PATRICIA A. FRENTZEL
Special
Use Permit Renewal – Cathleen Shaw, 3054 Stony Point Road – Two Horses
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to
approve the Special Use Permit Renewal for Cathleen Shaw, 3054 Stony Point Road
for the keeping of up to two horses. The
property was inspected and there are no changes.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Special
Use Permit Renewal – John Ventry, 3440 Stony Point Road – One Horse
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to approve
the Special Use Permit Renewal for John Ventry, 3440 Stony Point Road for the
keeping of up to two horses. The
property was inspected and there are no changes.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Special
Use Permit Renewal – Kathleen Doldan, 1505 Huth Road Two Horses
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to approve
the Special Use Permit Renewal for Kathleen Doldan, 1505 Huth Road for the
keeping of up to two horses. The
property was inspected and currently there are no horses on the property.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Special
Use Permit Renewal – Zygmunt & Anna Bieniulis, 3380 Staley Road – Four
Horses in R1-A
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to table
the Special Use Permit Renewal of Zygmunt & Anna Bieniulis, 3380 Staley Road
pending
the receipt of an Agriculture Animal Permit now required in the new zoning codes
for the keeping of up to four horses on eight acres in R1-A.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Special Use Permit Renewal – Robert Wakefield, 2413 Staley Road – Keeping of One or More Riding Animals in R1-A
A
motion was made by Councilman Crawford, seconded by Councilman Cooke to table
the Special Use Permit Renewal of Robert Wakefield, 2413 Staley Road pending the
receipt of an Agriculture Animal Permit now required in the new zoning codes for
the keeping of one or more horses on 9.5 acres in R1-A.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
TOWN
ENGINEER – JOHN WHITNEY:
Authorization
to Advertise for Bids 2005-2006: Contract for Solid Waste Disposal
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
authorize the Town Engineer to advertise for bids for the 2005-2006 contract for
solid waste disposal. Bid specs are
available in the Town Clerk’s office and will be received until 10:00a.m.
September 29, 2004 at which time they will be opened.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Reapprove
Map Cover – Fairway Greens – Clusters 10 & 21
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
reapprove the Map Cover for Fairway Greens – Clusters 10 & 21.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Public
improvement Permit – Fuccillo Toyota – 675 l.f. of 12” waterline
A
Public Improvement Permit application was received by the Town Engineer for
Fuccillo Toyota 1974 Alvin Road to construct approximately 675 lineal feet of 12
inch diameter PVC waterline along Alvin Road to service the proposed Fuccillo
Toyota Dealership. The application
has been reviewed, the drawings and permit are in order, fees have been paid and
the Town Engineer recommends approval.
A
motion was made by Councilwoman Cooke, seconded by Councilman Robillard to
approve the Public improvement Permit – Fuccillo Toyota, 1974 Alvin Road.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Geographic
Information System (GIS) Parcel Locator Tool – Request for
Supervisor
to authorize agreement with Wendel Duscherer Architects & Engineers
A
proposal was received by Wendel Duchscherer Architects & Engineers to
purchase a Geographic Information System (GIS) Parcel Locator Tool.
The tool will help employees query map tax information to identify
adjoining property owners for rezoning queries.
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the agreement with Wendel Duchscherer not to
exceed an amount of $5,100. The
funds are currently available in the 2004 budget.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Change
Order No. 2 – 2003 Drainage Improvement Program Job No. D-32
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
authorize L.D.C. Co. to extend the contract completion date from August 31, 2004
to September 30, 2004 due to inclement weather earlier this summer.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Sanitary
Sewer Extension – East of 933 Ransom Road
The
Town Engineer received a request from Salvatore D’Angelo to extend the
sanitary sewer east from 933 Ransom Road to serve a vacant lot at 923 Ransom
Road. The vacant property is along
the east border of the existing sanitary sewer district and would be an out of
district user.
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to refer
the matter to the Special Districts Committee for approval.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Site
Plan Approval – American Pharmaceutical Partners, Inc., 3159 Staley Road
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to
approve the modified site plan for American Pharmaceutical Partners, Inc., 3159
Staley Road for the construction of an expansion to the previously approved
building, the relocation of a 15’ x 15’ cooler and the placement of a
temporary trailer.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Award Bid – 2004 Chevrolet Cargo Van – West
Herr Automotive Group, Inc.
Town
Engineer John Whitney reported that he had opened the bids on September 1, 2004
for a 2004 Chevrolet 2500 Express Cargo Van. One bid was received from the
following:
West Herr, Inc. - Base Bid - $14,362 - Factory
Installed Options (Discount %) - $864.30
After
careful review of the bids, Town Engineer John Whitney recommended the sole
bidder be awarded the contract in the amount of $15,226.30.
They met all the specifications required.
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to accept
the bid from West Herr, Inc.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
TOWN
ATTORNEY – PETER GODFREY:
Summons
& Complaint – Gennamore v. Town of Grand Island
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer
the Summons & Complaint on Gennamore v. Town of Grand Island to the Town
Attorney.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Draft
Bond Resolution for the Grand Island Bike Trail Connect Project
A RESOLUTION
OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED SEPTEMBER 7, 2004, AUTHORIZING THE
CONSTRUCTION OF THE BIKE TRAIL CONNECT PROJECT IN A MAXIMUM AMOUNT NOT TO EXCEED
$612,400, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $612,400 OF THE TOWN OF GRAND ISLAND, ERIE COUNTY, NEW YORK
(the “Town”), PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE,
SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, county and/or local GRANTS
RECEIVED, 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 Bike Trail Connect Project;
and
WHEREAS, the
Town Board desires to undertake the Bike Trail Connect Project,
including preliminary costs, apparatus, site work and other improvements and
costs incidental thereto, (the “Improvement”); and
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:
The specific
purpose (hereinafter referred to as “purpose”) to be financed pursuant to
this resolution is the Bike Trail Connect Project
consisting of the widening and resurfacing of the existing Linear Park Multiuse
Trail, constructing a new multi-use trail system through Buckhorn State Park
with a scenic overlook on West River Parkway and to connect the two trail
systems together, including preliminary costs, apparatus, site work and other
improvements and costs incidental thereto.
The Town
Board plans to finance the maximum estimated cost of said purpose by the
issuance of serial bonds in an amount not to exceed $612,400 of said Town,
hereby authorized to be issued therefore pursuant to the Local Finance Law, said
amount to be offset by any federal, state, county and/or local grants received.
The cost of such improvement is to be paid by the issuance of serial
bonds, and by the assessment, levy and collection of assessments on the real
properties in the Town, in the same manner as other Town charges, to pay the
principal of and interest on said bonds as the same shall become due and
payable, except as provided by law.
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt
the Bond Resolution for the Grand Island Bike Trail Connect Project.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Fuccillo
Automotive Group Memorandum of Understanding
A
motion was made by Councilman Robillard, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the Memorandum of Understanding from Fuccillo
Automotive Group for the construction of Wetlands on Scenic Woods property owned
by the Town, subject to the Town Attorney.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
RECREATION
DEPARTMENT – LINDA TUFILLARO
Request
for Supervisor to Sign State Aid Voucher for Recreation reimbursement for 2003
programs
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
authorize the Supervisor to sign the State Aid Voucher for the Recreation
Department’s reimbursement of $5,888 for the 2003 programs.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
COMMUNICATIONS
– GENERAL:
John
Sherwood & Jean Moran – Request to join SBL’s 22.06-1-20 &
25.05-1-21.2
A motion was made
by Councilman Crawford, seconded by Councilwoman Cooke to refer the request of
John Sherwood & Jean Moran to join
SBL’s 22.06-1-20 & 25.05-1-21.2 into one SBL to the Assessor for
consolidation.
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
#76685 – 76815:
General
$ 52,202.50
Highway
$ 27,583.83
Sewer
$ 31,807.88
Water
$ 4,328.45
Capital
$ 5,085.20
Garbage
$ 62,082.65
Total
$183,090.51
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
PRIVILEGE OF THE FLOOR:
This is an
opportunity for residents to comment on any matter regarding Town government on
any subject. No residents spoke.
FROM THE TOWN BOARD:
Councilman
Roesch: Activities this weekend; Antique Boat Show, BBC Concert, VFW Pig Roast
with ceremony honoring fallen firemen and police officers of 9-11-01 at 8:00.
Councilwoman
Cooke: Hazardous Waste Drop Off Days: Saturday September 11 and Saturday
September 18.
Councilman
Crawford: “Project Alert” starts tomorrow when school opens. Be safe.
Watch
for school busses.
ADJOURNMENT:
A motion was
made by Councilwoman Cooke, seconded by Councilman Robillard to adjourn the
meeting at 8:31p.m.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
A moment of
silence was observed in memory of the following.
Richard
Skip DeValentino
Charlotte
Bruce
Stone
Henderson Filipovich
Ernest
Kazmierczak
Helen
Marie Kester
Millie
Vanthoff
Respectfully
Submitted,
Patricia A. Frentzel
Town Clerk