Town Board News - 2001

Zoning Board Sets Hearings
    The Town Zoning Board of Appeals has scheduled a number of public hearings for 7 p.m. January 3, 2001 to consider variances requested by Island property owners. The public is invited to speak for or against.
    Hearings will air requests for appeals for the following:
    - Thomas J. Franz for a variance to permit construction of a dwelling with less side yard setback at 70 Flanigan Ln.
    - Allen E. Manzo for a variance to permit construction of a dwelling with less side yard setback at 271 Forrest Creek Ln
    - Mark and Kelly Stessing for a variance to permit construction of a dwelling with less side yard setback and with height greater than 30'at 5177 East River Road
    - Gregory Barker to permit construction of a second story deck on a riverfront dwelling closer to the shoreline than adjacent structures at 835 North Colony Road

    - Frank J. Pecoraro for a variance to permit installation of a sign with less fdront yard setback than required at 2119 Grand Island Blvd.     - Robert Luthringer for a variance to permit construction of a barn with height greater than allowed at 2723 Staley Rd.


Motion To Reinstate
Deputy Town Clerk Position Fails
By Joelle Logue
   The Town Board, Monday, December 17, 2001 referred a letter by Deputy Town Clerk Margaret Butler back to the Town Board for review. The letter, which addressed the elimination of a clerk position authorized by the Town Board and listed the many duties of the office and the successful absorption of the tax receiver's office into the Town Clerk's office, brought forth a motion by Mike Heftka to reinstate the position. Citing the fact that the town's Fund Balance looked stronger now than when the decision to eliminate the position was made, he suggested the board should take another look at the office and re-hire the deputy. He felt there was no need to diminish public service in light of the stronger Fund Balance. However, Heftka's motion failed for the lack of a second.
   Kevin Rustowicz said he couldn't support the motion because he felt the whole budget process had to change. Reiterating his position and reminding the board that he had not voted for the present budget, Rustowicz contended costs should be cut based on department head recommendations.
   Criticizing the town board's establishment of a part-time seasonal worker to assist during 12 weeks of the busiest tax collection periods, Butler wrote: "It cannot be overstated: residents do not come to the Town Clerk's Office solely for the purpose of paying taxes." She also wrote that because of the consolidation "the operation relies heavily on having at least the current staff available to maximize service."


Business Assistance Center
Gets Formal Support
By Joelle Logue
   In a swan song resolution, Councilman Mike Heftka garnered formal support for one of his pet projects when the board passed a resolution of support for the Grand Island Business Assistance Center Project slated for Whitehaven Road town offices. In "a reasonable fashion," the board agreed to accept monetary contributions for the incubator project and appropriate funds to operate the project within its budget; to promptly work with the Economic Development Committee to form the proposed board of directors that will establish the participation criteria for incubator businesses and to provide for management of the project. The resolution also directed the board to authorize the incubator's board to arrange for furnishings, equipment and other items necessary for the successful implementation of the project including any memoranda of understanding with agencies that provide business assistance.
   Kevin Rustowicz asked the board to amend the resolution to provide for a blue ribbon panel to investigate ways of lowering taxes for next year's budget, to reduce the commercial tax base in order to entice new business. But Dick Crawford felt that was a separate issue, and Supervisor Peter McMahon suggested Rustowicz put it on the agenda for January.
   Mary Cooke said Heftka was supposed to have provided build-out costs for the incubator and emphasized that reasonable fiscal sense must prevail. Crawford said the resolution was open-ended and merely asked for the town's commitment to continue to look at the project.


Residents Ask Town Board To Deny Airstrip
By Joelle Logue
    A large contingent of residents concerned that the town board might approve a private airstrip for Robert Mesmer, combined with student government students making the year end deadline for attending a town board meeting, created a crowded court room for Monday's meeting.
   Speaking against the airstrip were Christine and Vito Lavango of Love Road who raised questions in objection to the proposed airstrip by Robert Mesmer for 2548 Love Road. Christine asked how it would affect her home resale value, who would regulate it, if the area was a little too populated for a project such as this and if it was near any of the town board members' residences? Adding that "one man's dream is one neighborhood's nightmare," she asked the town board to deny the special use permit that would allow the airstrip. Vito cited safety concerns especially the fact that he wouldn't want any airplanes in distress to land here.
   Ann Marie Snyder, concerned about setting a precedent by allowing the airstrip, presented a petition with 70 names in opposition. In reaction to the events of September 11th she asked the town board to oppose the project.
   Jeannette Judd of Staley Road said her major concern was safety, the closeness of the Canadian border and the fact that little planes were unsafe. She wondered why Mesmer couldn't use the Niagara Falls airport. Her husband, Michael, said the proposed airstrip was a major back door effort on Mesmer's part and contended there were flaws in the Environmental Impact Statement. He applauded the Planning Board for its opposition to the airstrip. In failing to recommend the airstrip, planners discussed incompatibility with the neighborhood in that there was much undeveloped land that was zoned residential.
   Other than adopting the resolution to accept the SEQR finding statement, the Town Board tabled any other action on the airstrip until further study could be given the issue.
   Following some discussion, the town board voted 3-2 to appoint Christopher Soluri as a part-time police officer for the town at Grade 5 Step A effective December 17th. An attempt to table the action by Dick Crawford failed 3-2. Crawford said there were other issues to look at regarding the appointment and Mary Cooke agreed by saying Soluri already was provisionally in the job and that the issue needed further exploration. She added that her vote had nothing to do with Soluri personally. Mike Heftka said the board had interviewed four people and since the town was down an officer, it was time to appoint someone. Apparently, in executive session, the topic of appointing two officers was broached.
   The Town Board followed Planning Board recommendations to approve a special use permit for Kenneth and Susan Sondel of Love Road for the keeping of five horses on 6.1 acres at 2743 Staley Road; gave final plat approval for Niagara Estates Phase 3 (seven lots on Ransom Road); gave site plan approval to James Dulski for a recreational pond at 2459 Bush Road; and gave site plan approval for a marina expansion at the Buffalo Launch Club, 503 East River.
   Following a public hearing on the Grand Island Fire Company contract for 2002 at which no one spoke, the board voted to sign the contract which provides for fire protection through December 21, 2002 at a cost of $651,350.
   As the result of another public hearing, the Town Board referred to the Planning Board a rezoning application for Majestic Woods Subdivision to permit a pond which required a Mining/Excavation Overlay in an R-1A zone. The proposed subdivision is along the S curve on the east side of Stony Point Road. Only Ken Beam of Stony Point spoke against the excavation citing health problems relating to mosquitoes he believes the pond would cause.
   Two public hearings were set for 8 p.m. Tuesday, January 22 on rezoning applications by Daniel Stedman for vacant land at 330 East River Road and 1475 Cox Road from R1-B to B2 for use by the adjoining marina and to provide inside boat storage and service.
In other business, the board:
- Approved a special use renewal for John Lexo of West River for a construction yard at 2527 Bedell Road.
- Granted a temporary Certificate of Occupancy for a storage building at 2791 Bedell Road.
- Announced that George Newman had been elected to the Electrical Examining Board for a two year term; and that Eric Ackerman and Gerald Soto were elected to the Board of Plumbing Examiners (there is still one vacant position).
- Announced a meeting change for the Board of Architectural Review Board. Currently meeting on the first Tuesday of the month, the board has decided to meet on the second Monday of the month at 7:30 p.m.
- Announced that Highway Superintendent Ray Dlugokinski has appointed David Stamler as Permanent Working Crew Chief effective December 1 and has appointed Norman Mrkall II and David Carminati as Temporary Working Crew Chiefs effective December 10.
- Adopted a resolution to sublease office space to Legislator Charles Swanick at 1856 Whitehaven Road with the county paying the town $235 per month for a term of two years commencing January 1, 2002; and approved a proposal from Contract Interiors to provide window coverings in the office space at a cost of $750.
- Authorized the supervisor to sign a contract with Comp Alliance Insurance with an anticipated premium of $235,173 for the Town's 2002 Workers' Compensation Insurance.
- Referred a letter from Paula Sciuk of Staley Road who cited problems with cars ignoring the 45 mph speed limit to the Traffic Safety Advisory Board, law enforcement agencies and the post office. She suggests a speed study, reduction of the speed limit to 30 mph on Staley's approach to Baseline and change of postal service mailbox placement to both sides of Staley Road between Baseline and West River Road.
- Taking Jaime Heftka's emotional lead in thanking her dad, Mike, for his four years of selfless service to Grand Island, all the board members acknowledged Mike's term on the board with McMahon capping the comments by saying that as deputy supervisor, Mike made his job as supervisor easier. He added that he was sure "we haven't seen the last of Hefkta."

PUBLIC MEETING NO. 23 Date: DECEMBER 17, 2001

ROLL CALL:
INVOCATION: St. Martin-In-The-Fields Episcopal Church
PLEDGE: Councilwoman Cooke
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Special Town Board Meeting of December 3, 2001 (6:30 P.M.)
Town Board Meeting of December 3, 2001
Special Town Board Meeting of December 11, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. Grand Island Fire Company Contract for 2002
2. Rezoning Application - Proposed Majestic Woods Subdivision R-1A to M/E (Mining/Excavation Overlay)
CONSENT AGENDA
1. Zoning Board of Appeals- Minutes of Meetings: October 18, & November 1, 2001
2. Youth Advisory Board - Minutes of Meetings: September 27 & October 25, 2001
3. Golden Age Center - Usage of Vehicles and Facilities for November 2001
4. Building Permits - November 2001
5. Board of Architectural Review - Minutes of Meeting: October 2, 2001
6. Planning Board - Minutes of Meeting: November 12, 2001
7. Information on County T-1 Lines to Municipalities
8. 2002 Community Project Scoring Results
9. Erie County Personnel - Recreation Attendant (PT) Labor Class
10. Erie County Environmental Management Council - Information on Undeveloped Land
11. Rockwood Brothers Whitehaven Road - Notice of Commencement Date Adjustment
12. Inventory for Highway Department Machinery, Tools & Equipment
13. Highway Department - Maintenance/Repair Cost Savings Analysis
COMMUNICATIONS - TOWN BOARD
SUPERVISOR McMAHON
1. Supervisor Monthly Report - November 2001
2. Grand Island Police Department Appointment
3. Lease for Legislator Swanick
4. Workman’s Compensation - Award Bid
5. Authorize Window Blinds Purchase for Grand Island Police Building
COUNCILMAN HEFTKA
6. Resolution for Support of Grand Island Business Incubation Project
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewal: John Lexo 3487 West River for Construction Yard - M1 at 2527 Bedell Road
2. Rezoning Application Daniel Stedman for 330 East River Road R-1B to B2
3. Rezoning Application Daniel Stedman for 1475 Cox Road R-1B to B-2
PLANNING BOARD
4. Special Use Permit - Kenneth & Susan Sondel 2435 Love Road for Keeping of Five (5) Riding Animals on 6.1 acres at 2743 Staley Road
5. Final Plat Approval - Niagara River Estates Phase 3 Seven (7) Lots on Ransom Road
6. Site Plan Approval - James Dulski 2459 Bush Road for Recreational Pond
7. Site Plan Approval - Buffalo Launch Club 503 East River Marina Expansion
8. Special Use Permit - Robert Mesmer 2548 Love Road Private Airport/R-1A Zoning
TOWN ATTORNEY PETER GODFREY
9. Mesmer Airport Love Road - SEQRA Findings and Department of Transportation Referral
BUILDING INSPECTOR DOUGLAS LEARMAN
10. Results of Elections - Board of Plumbing Examiners
11. Electrical Examining Board - Election
12. Request for Temporary Certificate of Occupancy - Storage Building at 2791 Bedell Road
BOARD OF ARCHITECTURAL REVIEW
13. Meeting Day Change
HIGHWAY SUPERINTENDENT RAYMOND DLUGOKINSKI
14. Appointments of Working Crew Chiefs - Permanent and Temporary
COMMUNICATIONS - GENERAL
PAULA F. SCIUK 2075 STALEY ROAD
1. Speed and Traffic Concerns on Baseline and Staley Roads
DEPUTY TOWN CLERK
2. Letter Concerning Office Staffing
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Town Accountant Pam Whitney - Bank NSF Charges
2. Carpet for Reality Cafe
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Katharine (Kay) Davis Long
Loretta L. (Feger) Weaver

Justice Reimann's Final Court Night


Barbi Lare photo

   Town Justice Eric L. Reimann sat on the bench Wednesday night (Dec. 12, 2001), for his last court session after serving the Town of Grand Island Court for the last 28 years. Justice Reimann, who will retire at the end of the month, was instrumental in bringing Youth Court to the Island. He is also credited with bringing morning sessions of small claim cases to the court to lessen the Wednesday evening caseload.
   Looking forward to spending time with his wife, Elizabeth, and their dog, Tuffy, Reimann plans to do some golfing, fishing, skiing and traveling.


TOWN BOARD WORKSHOP
Date MONDAY, DECEMBER 17, 2001 - 6:30 P.M.
TOWN HALL CONFERENCE ROOM

Town Board Agenda: DECEMBER 11, 2001, 7 p.m.

I. Rockwood request to waive site plan requirements, 1858 Whitehaven Road
II. Proposed Zoning Ordinance - Discussion


Public Hearings Draw Little Comment
By Joelle Logue
   A public hearing for a special use permit by Ken and Susan Sondel of Love Road for the keeping of horses at 2743 Staley Road was presented with no opposition. A Staley Road neighbor said he would be happy with the Sondels having horses on the land.
   No one spoke regarding final plat approval for Niagara River Estates Part 3 (7 lots on Ransom Road) by Samos Development Ltd. This project and the Sondel's special use permit were referred to the Planning Board.
   Also referred to the Planning Board was site plan approval for a recreational pond at 2459 Bush Road. Site plan approval to expand the existing Marina Basin by constructing an open pile main dock, installing floating finger docks to create 30 additional mooring slips and installing a wave break to reduce wave action at the Buffalo Launch Club will also be referred to the Planning Board. Kevin Rustowicz also felt the project should be referred to the Code Enforcement Officer for inspection of square footage involved and other aspects of the expansion.
In other business, the board:
-Approved a change order to the Alt Boulevard/Bush Road Water System Improvement Project at a cost of $4006 for adjusting the height of some of the hydrants.
-Approved the re-hiring of two individuals for the Fall/Winter Adult and Youth Programs as part-time hires at $5.65 and $5.80 per hour; and created 20 part-time recreation attendant positions in preparation for summer hiring.
-Acknowledged that Highway Superintendent Ray Dlugokinski transferred Douglas Smith, at his request, from his present position as Crew Chief back to his former position as Motor Equipment Operator effective December 1.
-Awarded a bid for hauling sludge from the Grand Island Wastewater Facility to the Niagara Falls Wastewater Treatment Facility to Ball Toilet and Septic Services at a cost of .02155 cents per gallon.
-Agreed to bid out the 2002 Workman's Compensation Insurance with bids due by December 14.
-Approved use of the Town Hall lobby by the Grand Island Art Society during two days of the Sesquicentennial celebration in July.
-Referred to the Town Board and the Planning Board comments on the FEIS for Mesmer's proposed air strip on Love Road even though the public comment period has ended.
-Announced that the Town Board would hold a workshop on townwide rezoning December 11 at 7 p.m.
   Gail Lazenby, speaking from the floor, expressed umbrage at cutting a deputy clerk position without cuts in other departments. He added that the merger of the Town Clerk's office with Receiver of Taxes had added more responsibility to the Clerk's office with fewer individuals to do the job. Furthermore, service had increased 10 percent. Tony D'Orazio added his criticism as well and suggested cuts could have been made in the Assessor's office.


Town Hears Plans
For Business Incubator Center
By Joelle Logue
   Ted Bates, Christine Learman and Jerry Doan, three members of the Supervisor's Economic Development Committee and Council liaison to the Committee Mike Heftka presented plans for a proposed incubator center at 1858 Whitehaven Road where police, sheriff and Legislator Chuck Swanick's office will be relocated as well.
   Described were a management plan, initial marketing test survey, floor plan and some early financial information. The Committee is seeking $20,000 from past earmarked emergency economic money provided by the state in 1999 and 2000, and Learman indicated that M&T had promised $3000 for the project. Other banks have also been contacted. The model would involve a volunteer board of directors that would have alliances with the Town Board and Small Business Development Center plus other support organizations. Though 11 to 12 members or participants would be sought to occupy the wall-less space with shared secretarial and technical assistance, the conference room could be used by members and outside businesses.
   The Committee suggests charging new businesses $50 a month and to rent the conference room to outside businesses at $75 per use. Currently there is no planned paid staff. Instead, the goal is to recruit a tenant to handle the scheduling and custodial duties of the center in return for office space at no charge.
   Ted Bates and Jerry Doan reported that there is definite interest in the incubator, not only by home businesses moving into it but by off Island businesses in search of expanding and by Canadian businesses desiring a US address and delivery location. There was lots of interest in the conference area for training and possibly video conferencing plus other uses. Tenants would commit to one year with a maximum of two years.
   Supervisor Peter A. McMahon and Councilwoman Mary Cooke said the town couldn't proceed without a cost build-out of the building and estimates on timing. Town Attorney Peter Godfrey is looking into various legal relationships between the town that rents the building with the new businesses or board of directors who will be occupying the Center.
   The Town Board, Monday, authorized McMahon to sign the rental agreement for the Whitehaven Road location that will eventually house the Business Assistance Center along with sheriffs, police and Legislator Swanick.


Town Board Sets Public Hearings

   When the Town Board convenes on Monday, December 17, 2001 at 8 p.m., it will hear from the public on two items: the Fire Company Contract; and whether to amend the Zoning Map from R-1A to M/E at the proposed Majestic Woods Subdivision located on the east side of Stony Point Road at the S-curve.
   The Fire Company budget for 2002 has been approved and a hearing on the budget already held. The December 17 hearing will be to accept the contract. Next year both the contract and the budget will be heard together.
   The zoning amendment for Majestic Woods Subdivision concerns construction of a lake (retention facility) that abuts existing wetlands and will become the backyard of a proposed single family subdivision.


Citizen/E-ZPass Meeting Slated
By Joelle Logue
   Islanders are invited to a meeting with representatives of the NYS Thruway regarding concerns and questions about E-ZPass at 5 p.m. Friday, December 14, 2001 at Town Hall. The meeting was arranged by Assemblyman Sam Hoyt, but Councilwoman Mary Cooke criticized the timing as being inconvenient for most people.
   Dick Crawford added his concerns by saying most people would be busy with holiday plans. It was also noted that December 14 was the evening Santa is scheduled to arrive at Town Hall.

PUBLIC MEETING NO. 22 Date: DECEMBER 3, 2001

ROLL CALL:
INVOCATION: Whitehaven Road Baptist Church
PLEDGE: Councilman Rustowicz
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES:
   Special Town Board meeting of November 8, 2001
   Town Board meeting of November 19, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. APPLICATION FOR SPECIAL USE PERMIT FOR KENNETH & SUSAN SONDEL, FOR PROPERTY AT 2743 STALEY ROAD
2. FINAL PLAT APPROVAL - SAMOS DEVELOPMENT LTD. FOR NIAGARA RIVER ESTATES PART 3 - 7 LOTS ON RANSOM ROAD
CONSENT AGENDA
1. Director of Public Security - Formation of Homeland Security Committee
2. State Aid for Assessment Improvement for 2001 Rolls
3. Local #1783A - Minimum Dues Increase 2002
4. County Comptroller - Report on Distribution of 4% Sales Tax Revenue for November
COMMUNICATIONS - TOWN BOARD
SUPERVISOR McMAHON
1. NYS Thruway EZ Pass Meeting
2. Request from Erie County Personnel regarding Part-Time Recreation Attendants
3. Authorization for Bid for 2002 Workman’s Compensation
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Petition to Amend the Zoning Map from R-1A to M/E - Proposed Majestic Woods Subdivision, East Side of Stony Point Road at S-curve
TOWN ENGINEER JOHN PHILLIPS
2. Site Plan Approval - Recreational Pond at 2459 Bush Road
3. Site Plan Approval - Buffalo Launch Club Marina Expansion
4. Change Order #1 - Alt Blvd./Bush Road Water System Improvement Project WASTEWATER SUPERINTENDENT WAYNE CLINTON
5. Award Bid for Sludge Hauling
TOWN ACCOUNTANT PAM WHITNEY
6. Bank NSF Charges
HIGHWAY SUPERINTENDENT RAYMOND DLUGOKINSKI
7. Personnel Transfer
RECREATION DIRECTOR LINDA TUFILLARO
8. Part-Time Hires
COMMUNICATIONS - GENERAL
GRAND ISLAND ART SOCIETY
1. Access to Town Hall for the 2002 Sesquicentennial
MICHAEL A. JUDD
2. Proposed Mesmer Air Field on Love Road
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Councilman Heftka’s Resolution Regarding Seneca Gaming Compact
2. Carpet for Reality Café
3. Rezoning R-1B to B-1, Michael Carr for Additional Parking and Breakfast Café at 1478 Ferry Road
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Theresa “Terry” (Czerny) Arent
Mildred A. (McMillan) Facklam
Martha Georgeson
Dorothy M. Saltzman


 Town Clerk Addresses Board's
Decision To Eliminate Position

   The following is a letter from Town Clerk Nancy J. Samrany, expressing her view of the town board's Monday, November 19, 2001 decision to eliminate a full time clerk position in the Town Clerk's office.
Dear Fellow Islanders:
   At the last Town Board meeting one of the staff positions in my office was eliminated in the next year’s budget.
   Please note we are the only office in the entire town employ that experienced such a cut in personnel.
   Remember in the past two years since you voted overwhelmingly to merge the Town Clerk and the Tax Receiver offices we went from a combined staff of eight employees to five employees. There was, of course, considerable savings attached to this decrease with no additional compensation to anyone.
   This fact is being ignored and my office has been singled out with no justification for the dismissal of an employee. A suggestion of implementing a "lock box" collection system at tax time was never agreed to by me. It could not substitute for the amount of work the clerks do on a year round basis.
   While it was stated that the staffing of the Clerk’s office would be reviewed after a year, no review ever took place. Not one Town Board member ever observed the amount of work my office generates on a daily basis. Not to mention, as well, we are responsible for collecting the largest amount of revenue for the Town.
   However, I go on record to unequivocally state to you that I need the staff and am extremely proud of the staff I have that is providing the best public service you, the taxpayer, have enjoyed these past two years.
   We have been able to add one whole hour of public office service by opening every day at 8:00 A.M. and servicing the customer with a minimum of waiting or long lines.
   If we have been overstaffed for the past two years, as it was recently stated, why didn’t someone speak to me before this, and are we the only office that is overstaffed? If the Town Board is at the point of finding a need to cut employees shouldn’t every department be looked at?
   It was you, the residents, who elected me to be your Town Clerk and to oversee the consolidation of the two major offices in Town Hall. I am an equal to those Town Board members in that I, too, work for you.
   The amount saved in the budget with this cut I have been told is approximately one cent per thousand. Does this savings justify eliminating the services you, the resident, are entitled to and have come to enjoy?
   Please express your displeasure to the members of the Town Board for their interference in the daily operation of my office; an office that you showed your confidence and trust in me when you elected me.

Supervisor Peter McMahon: 773-9352
Councilwoman Mary Cooke: 773-7058
Councilman Richard Crawford, Jr.: 773-4121
Councilman Michael Heftka: 774-8112
Councilman Kevin Rustowicz: 773-1335
(Mailing Address: Town Hall, 2255 Baseline Road, Grand Island, NY 14072)
Thank you.
Nancy J. Samrany
Town Clerk
   A complete budget story by staff reporter Joelle Logue appears below.


Town Board Adopts 2002 Budget
Clerk Job Cut, Tax Rate Up 4.9%

By Joelle Logue
   The town board, Monday (Nov. 19, 2001), adopted its 2002 budget that will increase property taxes by almost five percent, down from six percent as first proposed. Additional cuts came from eliminating the 3.5 percent salary increase for board members and supervisor along with a 25 percent decrease in health bonus stipend. The board, including the supervisor, also voted to contribute 25 percent of their health insurance premium for a savings of $12,124, but it wasn't enough for Kevin Rustowicz who felt board members should pay for 100 percent of their health insurance. Rustowicz was criticized by Dick Crawford who asked him why he was bringing this up now when he never mentioned it in budget workshops. Rustowicz replied he was bringing it up now because this is when "we're voting on the budget." He added that "too much is done downstairs." He said issues should be discussed upstairs in front of the public, and that it was time to change the way the board does business because what they're doing does not work.
    The board, by instituting a co-pay on health insurance and zero increase in pay, is setting an example and sending a message to unions for upcoming bargaining negotiations on other town employee salaries and health benefits.
   The most contentious budget item was the elimination of a full time clerk position in the Town Clerk's office. The vote was 3-2 vote with Rustowicz and Mike Heftka dissenting. As passed there will be 12 weeks of part-time help during the two busy tax seasons for a savings of $5,266). A proposed lockbox contractual expense that would have been instituted to assist with tax payments was also eliminated, saving $12,500. Speaking to the cut, Clerk Robin Swedish said it was unfair to cut a position from this department and not others. She asked why council members had never come to shadow the employees in the clerk's office.
   An emotional Sue Braun, the newest employee in the clerk's office, said she was very angry because there had been a successful merger of two offices (the tax receiver and clerk) two years ago which had eliminated several positions at the time. Furthermore, she pointed out there had been no raises for the clerks or the Town Clerk when the merger occurred.
   Rustowicz, who throughout the budget process, called for a 10 percent cut from each department, commended the clerks for meeting on their own to trim their budget and for agreeing to forego raises and step increases to save the fourth position. "They were overlooked, he said."
   The town board also eliminated a step increase for the animal control officer saving another thousand, but another amendment allocated $14,000 for general town computer equipment.
   The Fire Protection budget was adopted at $679,513 for a tax rate of $1.084 per $1000 assessed valuation. Total appropriations for lighting districts was $151,355 with $146,272 being raised by taxes. Refuse and garbage passed at $713,425 with $688.336 raised from taxes ($109 flat rate per dwelling). Water Fund - Consolidated Water District budget is $2,329,617 with $698,337 raised by taxes for a tax rate of $6.28 per $1000 assessed valuation; and Wasterwater total appropriations is $2,314,363 with $451,123 raised by taxes ($5.26 per $1000 assessed valuation).
   The Highway Fund taxes increased $2.2814 per $1000 with total appropriations set at $1,621,041 while the General Fund increased to $2.5120 per $1000 with total appropriations set at $4,647,485.
   Though Rus Thompson and Dean Duguay spoke against the tax hike, Peter McMahon claims the overall tax rate is only up 1.8 cents than it was five years ago.

Town Police Officer - Part-time
   The Grand Island Town Board will interview qualified applicants for part-time positions as town police officer. Applicants must possess current NYS Police Officer certification. Preference may be given to town residents. Applications may be obtained at town hall. Applications received by December 7, 2001 will be considered. For additional information contact Town Supervisor Peter A. McMahon or any member of the town board.

Town Advisory Board Openings
   The Town of Grand Island may have vacancies on one or more advisory boards in 2002. Advisory boards include Architectural Review Board, Cable TV Committee, Commission for Conservation of the Environment, Community Enrichment Council, Economic Development Committee, Historical Preservation Committee, Human Rights Commission, Library Board of Trustees, Parks & Recreation Advisory Board, Planning Board, Traffic Safety Advisory Board, Adult and Youth Members of the Youth Advisory Board, the Zoning Board of Appeals.
   Anyone interested in being considered for appointment of a board should submit a letter of interest:
Supervisor Peter McMahon
town Hall, 2255 Baseline Road
Please include any relevant experience or special talent in the letter. The application deadline is December 7th, 2001. For more information contact any member of the Town Board.

Zoning Board Sets Hearings
    The Town Zoning Board of Appeals has scheduled a number of public hearings for 7 p.m. December 6, 2001 to consider variances requested by Island property owners. The public is invited to speak for or against.
    Hearings will air requests for appeals for the following:
    - Michael Dowd for a variance to permit construction of an addition to existing home less side yard setback at 1571 Bronson Road
    - Deborah Napieracz, to permit construction of an additional 8.06'x6.34'area to square up the exixting footprint of the home in rear yard setback at 9 Towerwood Rd
    - Shella Daminski to permit construction of garage addition with less side yard setback than required at 974 Stony Point Road
    - Lyle R. Dinsmore to permit reconstruction of an existing building with less side yard setback than required at 1920 Baseline Road.


Town Sets Public Hearings

By Joelle Logue
   When the Town Board convenes Monday, December 3, 2001 at 8 p.m., it will hear comments on two items. Considered will be final plat approval for Phase 3 of Niagara River Estates that consists of seven lots off Ransom Road. Conditional approval of Phase 3 was granted by the board Monday. The other item is a special use application by Kenneth and Susan Sondel of Love Road for the keeping of five horses at 2743 Staley Road.
   There were no comments heard during a public hearing held on the Special Districts Assessment Roll for 2002 and the item was referred back to the Town Board.
   Two special use renewals were granted: one by David Wunsch for the keeping of two horses on 3.5 acres at 3072 Stony Point Road and another by Shirley Schultz for the keeping of five horses and a tractor on 15.5 acres at 2661 Fix Road.
   Upon Planning Board recommendations, the board voted to abandon Arlington Avenue off Bush Road as requested by Jon Albertson of 2477 Bush Road. Part of Map Cover 1247, the land was set aside as a ROW but was never deeded to the town. Albertson owns lots fronting on Bush Road on both sides of Arlington Avenue along with all the lots on the east side of Arlington. With the abandonment of Arlington, none of his land is landlocked.
   The board also approved a revised site plan for Fuccillo Chevrolet at 2000 Alvin Road which involves sheet draining the lot from the front of the garage so the water will go back into the wetlands.
   The Final Environmental Impact Statement for the proposed private airstrip at 2548 Love Road by Robert Mesmer was accepted by the town. It was noted that there were no comments received from the public on the project.
In other business, the board:
- Authorized the supervisor to sign agreement for Sprint PSC Tower to co-locate VoiceStream Communications on the tower provided the bike path be repaired and restored by Sprint at the Bedell Road site.
- Referred to the Personnel Committee and Town Attorney, a CSEA union request for the position of Dog Control Officer to be placed in the bargaining unit.
- Appointed Christopher Soluri to a provisional part-time position in the police department and agreed to advertise and interview for the position.
- Referred to the town attorney for follow-up a letter and petition by Robert Weaver requesting the installation of an entrance sign for Island Meadows Subdivision. The attorney was directed to inform the two homeowners protesting the sign.
- Authorized the supervisor to send a letter to any individual identified in Section 8A-6A who has failed to file the financial disclosure within the required time as requested by the Ethics Committee.


Town Advisory Board Positions Sought

By Joelle Logue
   With openings available on most of the Advisory Boards effective December 31, the Town Board agreed to advertise for members. All members of the Supervisor's Economic Committee serve for a term of one year and those members need to reapply or be replaced. The same is true for the Historic Preservation Committee.
   There are three openings on the Traffic Safety Advisory Board, one on Zoning Board of Appeals, two on the Conservation of the Environment Commission, one on Architectural Review, one on Cable TV, one on the Planning Board, one on Human Rights and one on the Library Board. There are also openings on Community Enrichment and Board of Assessment Review.
   Letters of interest should be sent in care of the supervisor, Peter McMahon, Town Hall, 2255 Baseline Road, by December 7, 2001.

PUBLIC MEETING NO. 21 Date: NOVEMBER 19, 2001

ROLL CALL:
INVOCATION: Trinity United Methodist Church
PLEDGE: Councilman Heftka
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of November 5, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. Special Districts Assessment Roll for the year 2001
CONSENT AGENDA
1. Traffic Safety Advisory Board - Minutes of Meeting: October 9, 2001
2. Department of Environment & Planning - Year 2002 Community Project Applications
3. National Tree Trust - Annual Report Acknowledgement
4. State Office of General Services- License for Buffalo Launch Club
5. State Comptroller & Association of Towns - Teleconference for Elected Officials
6. Erie County Personnel - Allocation of Positions
7. MRT, P.C. - Records Requests Concerning Municipal Franchisers
8. Cornell Cooperative Extension - Plans and Resources Available to Communities
9. Building Permits - October 2001
10. Zoning Board of Appeals - Minutes of Meeting: November 1, 2001
11. NYS Office of Real Property Services - Distribution of 2001 STAR Administrative Aid
12. October 2001 Animal Control Statistics
13. Planning Board - Minutes of Meeting: October 8, 2001
COMMUNICATIONS – TOWN BOARD
SUPERVISOR McMAHON
1. Adopt 2002 Budgets
2. Supervisor’s Monthly Report - October 2001
3. CSEA Request for Dog Control Officer Placement in Bargaining Unit
4. Authorize Advertisement for 2002 Advisory Board Appointments
5. Appointment of Grand Island Police Department
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. David Wunsch 3072 Stony Point Road - Keeping of Two Horses
B. Shirley Schultz 2661 Fix Road - Five Horses & Tractor
2. Special Use Application: Kenneth & Susan Sondel 2435 Staley Road for One or More Riding Animals at 2743 Staley Road
TOWN COUNSEL PETER GODFREY
3. Mesmer Airport - F.E.I.S.
4. Notification to Sublease on Sprint PCS Tower
PLANNING BOARD
5. Fuccillo Chevrolet 2000 Alvin Road - Revised Site Plan
6. Gary Halliwell 1925 Bedell Road - Recreational Pond
7. Jon Albertsson 2477 Bush Road - Abandonment of Arlington Avenue (off Bush Road)
TOWN ENGINEER JOHN PHILLIPS
8. Niagara River Estates Part 3 - Final Plan Approval ( 7 lots) Ransom Road
BOARD OF ETHICS COMMITTEE
9. Financial Disclosure Statements
COMMUNICATIONS - GENERAL
ROBERT WEAVER
1. Island Meadows Subdivision Entrance Sign
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Councilman Heftka’s Resolution Regarding Seneca Gaming Contract
2. Carpet for Reality Café
3. Rezoning R-1B to B-1 Michael Carr for Additional Parking and Breakfast Café at 1478 Ferry Road
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Marie Pinkoski Nanea


Public Hearing On Proposed 2002 Budget

By Sue Hillock
   With a handful of taxpayers in attendance, Town Clerk Nancy Samrany was the only person to voice an opinion on the supervisor’s recommended budget for 2002 at a public hearing held Thursday, November 8, 2001.
   Samrany said that while she understands that the town board could resolve her concerns at upcoming budget workshops, she felt it was her duty to voice her objections in two areas. First and most important was the proposed reduction of staff in the town clerk's office. The supervisor’s recommended budget would eliminate one full-time deputy clerk position if approved. Samrany said that her department had already undergone major staff reductions through the consolidation of the tax receiver and town clerk offices. She felt they were providing the same or better service with a staff of five as opposed to a pre-consolidation staff of 8.
   Samrany was also opposed to a $12,000 line item that would be used to incorporate a lock box system for tax payments. She said that she never agreed to the system, was not convinced of the projected savings, and felt she should be making the decisions in her department.
   The budget reflects close to a 10 percent increase over last year, some of that due to mandated increases for health care up $103,000, employee pay up $43,000 (a 3.5 percent pay increase across the board for union and non-union employees), Workman’s Compensation up $61,000 and state retirement up $25,230.
   The General Fund Rate is $2.55 per $1,000 of assessed value, a 3.7 percent increase over the 2001 rate of $2.46 per $1000. The proposed highway fund tax rate is $2.231 per $1000 of assessed value, an increase over the 2001 rate of $2.10 per $1,000.
   The Fire Company contract request is $651,350 along with a $24,000 contribution to the retirement system that fixes the fire tax rate for 2002 at $1.845 per $1,000 of assessed value, an increase over last year.
   Consolidated sewer districts will be taxed at $5.26 per thousand while consolidated water districts will be taxed at $6.28 per thousand on the land value only.
   The town board has scheduled budget workshops on Saturday, November 10 from 8-11 a.m. and Tuesday, November 13 at 7 p.m. The town board plans to adopt a budget at its next regularly scheduled meeting, Monday, November 19.


Island Rejects County/State Propositions

By Joelle Logue
   The state proposal to change the language of the constitution to be gender neutral was rejected by Island voters 1787 to 1445. Erie County also rejected the proposal but it passed statewide by a 56-44 percent margin.
   Islanders also turned down by a wider margin (2048-1287) a county proposition to incorporate the Erie County Cultural Resources Advisory Board and Erie County Public Benefits Advisory Board into the county charter. This proposal also failed countywide by a 59-41 percent margin. Had it passed, those boards would have been empowered to better oversee funding efforts and be responsible for accountability by those being funded.

Area Election Results

Republicans Sweep Council Seats


Republican winners Dan Robillard, Mary Cooke and Ray Dlugokinski

Democrat Randy White with his wife and five
children after hearing the election results
Barbi Lare Photos

By Joelle Logue
   It was déjà vu for two term councilwoman Mary Cooke Tuesday as she led the way to a third four-year term on the town board. Republican running mate and newcomer Dan Robillard earned the second seat beating out incumbent Democrat Michael Heftka. Democrat Eileen Torrence came in fourth, Conservative ‘Rus’ Thompson, fifth, and Tony D’Orazio, who was ousted in the Independence Party primary, garnered a number of write-in votes for sixth place.
   In her victory speech at the Niagara Sailing Club, Cooke talked about the new responsibility of Republicans to work together as a team in taking back control of the town board. Commenting that she and Dick Crawford would not be closed out any more, she added there would be no infighting or embarrassing surprises like the Democrats pulled over the past two years. She welcomed Dan aboard and invited everyone to attend “one great, great inauguration” on January 1, 2002.
   Grand Island Republican Party Chair Dick Planavsky called Dan Robillard the non-candidate who went door to door (4500 doors to be exact) to get the job done. Dan thanked his family for all their help and said his wife would be happy to get her kitchen table back. His priority as a board member will be on better decision making (decisions that are less costly and less painful to the taxpayer). Planavsky also thanked former highway superintendent Norm Mrkall for his personal endorsement of Dan.
   Democrat Mike Heftka, in commenting on his loss, said he gave his best effort over the past four years. “I worked hard and am disappointed my efforts didn’t earn me the privilege of a second term.”
   Highway Superintendent Ray Dlugokinski beat out his Democratic opponent Ken Carter to earn himself a second term. Ray praised his committee people and gave special credit to his wife.
   The only Democratic victory was Randy White whose three major party lines helped him win over Republican Timothy Mordaunt for town justice. White stole the Independence Party line from Mordaunt in the primary by just one vote and wasn’t anxious to comment Tuesday until all votes were counted. This was White’s first bid for a town judgeship. Mordaunt ran unsuccessfully two years ago against Town Justice Sybil Kennedy.
   In key county races, Islanders agreed with other districts by voting in Charles Swanick as Erie County legislator and by retaining Nancy Naples as Erie County Comptroller.


Town To Air
Proposed 2002 Budget Thursday

By Joelle Logue
   A public hearing on the supervisor’s draft of the Town Budget for 2002 will be held 7 p.m. Thursday, November 8, 2001 in town hall. The budget reflects close to a 10 percent increase over last year, some of that due to mandated increases for health care up $103,000, employee pay up $43,000 (a 3.5 percent pay increase across the board from union and non-union employees), Workman’s Comp up $61,000 and state retirement up $25,230.
   The General Fund Rate is $2.55 per $1,000 of assessed value, a 3.7 percent increase over the 2001 rate of $2.46 per $1000. General Fund Budget appropriations total $4,655,488 that is $221,147 higher than last year. The year end unappropriated Fund Balance for 2002 is projected at $342,375.
   The proposed highway fund tax rate is $2.223 per $1000 of assessed value, a 6.2 percent increase over the 2001 rate of $2.10 per $1,000. Highway fund appropriations would total $1,600,370, $44,452 less than the 2001 budget. This budget includes no appropriation for new equipment, but there are appropriations in the 2002 Capital Budget for two pieces of heavy equipment. A third piece of equipment is the subject of a grant application. The 2002 year end unappropriated Fund Balance is projected at $79,652.
   A reduction of four vehicles in various departments is also included in the 2002 Budget. The Fire Company contract request is $651,350 that fixes the fire tax rate for 2002 at $1.18 per $1,000 of assessed value, an increase over last year.
   The town board has scheduled several budget workshops following the public hearing – Saturday, November 10 from 8-11 a.m. and Tuesday, November 13 at 7 p.m. The town board plans to adopt a budget at its next regularly scheduled meeting, Monday, November 19.


 Rustowicz Calls For Cuts In All Departments

By Joelle Logue
   Ignoring the fact that his resolution calling for town department heads to cut expenditures in order to achieve a 10 percent reduction in property taxes failed 3-2 at the October 19 town board meeting, Councilman Kevin Rustowicz re-introduced it Monday. This time it failed in a 4-1 vote, but not for lack of audience support.
   Rustowicz said his “2002 Property Tax Reduction Plan” was a way of doing business differently. He said we must “break down the paradigms and put some responsibility on department heads.” Citing that a lot of campaign literature focused on cutting taxes, reducing the supervisor’s budget plan and taking away the fat in government, he challenged the town board to think outside the box and let department heads (the experts in their respective fields) review their budgets and cut expenditures.
   According to his plan, Rustowicz said priorities would be given to budget items that reduce a threat to the health and safety of citizens, reduce overall operating costs for the town’s water and sewer districts or highway dept., provide a net increase of general revenue for the town, protect or prolong the life of assets maintained by the town, and those items which are determined to be ordinary and necessary expenditures for the town.
   Councilwoman Mary Cooke, in comments made after the meeting, maintained his plan wasn’t a plan at all because it didn’t give an outline on how to cut costs. “You don’t pass a budget by resolution,” she added. “It’s the town board’s job to come up with a budget, not the job of department heads. She said cuts would be made by hard work in budget workshops yet to come and that Rustowicz was doing nothing more than grandstanding.
   But Rustowicz emphasized the fact that the town hasn’t changed in 10 years and that Grand Island lacks a viable business community. He asserts a change in the budget process is what is needed to make a difference.


 Town Board Refers
Projects To Planning Board

By Joelle Logue
   The Town Board, Monday, sent several items to the planning board for further consideration. Among the items was a request by Jon Albertson of Bush Road for the town to abandon a paper street known as Arlington Avenue.
   Also referred to the Planning Board were a revised site plan that would increase surface runoff to replenish the wetland area for the proposed location of Fuccillo Chevrolet; a request by Gary Halliwell of Bedell Road for site plan approval of a 0.11 acre recreational pond; and a request for Conditional Approval of Niagara River Estates Subdivison – Phase 3 (off Ransom Road).
   The board took no action on Michael Carr’s request for rezoning at 1478 Ferry Road from R-1B tp B-1 pending a variance from the Zoning Board to allow parking in the setback or solving the problem by combining this lot with the Village Inn Restaurant property.
   Special use renewals were approved for the keeping of one horse on four acres by Robert Luthringer at 2723 Staley Road and for the keeping of three horses on six acres by Susan Fadel at 2773 Love Road.
   A public hearing has been set for 8 p.m. Monday, November 19 for the purpose of hearing the Special Assessment Roll which is ready for inspection.
   Delinquent water and sewer accounts in the following amounts were added to the tax roll of 2002: Water ($163,901), sewer ($224,962), out of district sewer ($369.70), meters ($675) and miscellaneous charges ($265).
   The board approved the resolution of a claim for the digester heating and compressor system rehabilitation at the Wastewater Treatment Plant that was brought about when Joseph Davis Inc. refused to sign the original credit change order. In the resolution, Stearns and Wheler will reduce their original claim to $9,000, Joseph Davis has agreed to a $5000 credit, St. Paul Surety agreed to a $1800 credit and the town would be responsible for the balance.
In other business, the board:
• Authorized the publishing of a legal notice for the purpose of bidding the hauling of sludge from the Grand Island Treatment Plant to the City of Niagara Falls Treatment Plant.
• Approved retaining 13 individuals from part time seasonal to part time for the fall/winter adult and youth recreation programs and the hiring of six new individuals (five as lifeguards and one as a recreation assistant)
• Approved the transfer of Justin Bridenbaker to recreation assistant for five months effective November 1 at a rate of $10.43 per hour.
• Approved the hiring of Kathy Lechner as permanent part time driver for the Golden Age Center.
• Accepted with regret the resignation of John Gorton Jr. from the Parks and Recreation Advisory Board.
• Authorized the supervisor to sign an agreement with Stearns & Wheler to proceed with the town’s web enhancement project funded by grant money.
• Tabled a request to replace carpeting at Reality Café at a cost of $4000 due to the present purchasing freeze.

PUBLIC MEETING NO. 20 Date: NOVEMBER 5, 2001

ROLL CALL:
INVOCATION: St. Timothy Lutheran Church
PLEDGE: Councilman Crawford
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of October 15, 2001
Special Town Board Meeting of October 29, 2001 Regarding Community Development Block Grant
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: NONE
CONSENT AGENDA
1. Erie County: STOP-DWI Program
2. Erie County Department of Health: Agreement Regarding West Nile Virus
3. Erie County Department of Personnel: Communication Regarding PO-17 Van Driver PT
4. Warren-Hoffman & Associates, Inc.: Insurance Program – 2002-2003
5. NYS Dept. of Environmental Conservation: Proposed Pond Construction, Bedell Road
6. National Tree Trust: 2002 Community Tree Planting Grant
7. United States Department of Commerce: Census 2000 Block Maps
8. Erie County Industrial Development Agency: Uniform Tax Exemption Policy
9. Erie County: October Sales Tax Report
10. G. I. Memorial Library Board of Trustees Meeting Minutes:
July 26, 2001 and September 22, 2001
Commission for Environmental Conservation Meeting Minutes: August 9, 2001 and September 13, 2001
12. Zoning Board of Appeals Meeting Minutes: September 6, 2001 and October 18, 2001
13. Safety Committee Meeting Minutes: September 26, 2001
COMMUNICATIONS - TOWN BOARD
COUNCILMAN HEFTKA
1. Resolution regarding Casino Gaming
COUNCILMAN RUSTOWICZ
2. 2002 Budget Plan
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Robert Luthringer, 2723 Staley Road, Keeping of One Horse on Four Acres
B. Susan M. Fadel, 2773 Love Road, Keeping of Three Equine Animals (Horses) on Six Acres
2. Web Enhancement Proposals
TOWN COUNSEL PETER GODFREY
3. Request for Road Abandonment
TOWN ENGINEER JOHN PHILLIPS
4. Change Order for Project at Wastewater Treatment Plant
5. Revised Site Plan: Fuccillo Chevrolet, 2000 Alvin Road
6. Site Plan Approval: Recreational Pond, 1925 Bedell Road
7. Niagara River Estates Subdivision: Phase 3 Conditional Approval
WASTEWATER SUPERINTENDENT WAYNE CLINTON
8. Authorization to Publish a Legal Notice for Bidding of Sludge Hauling
9. Authorization to Publish a Legal Notice for Bidding Polymer for the Removal of Phosphorous at Wastewater Treatment Plant
WATER SUPERINTENDENT JOHN MARTIN
10. Delinquent Water and Sewer Accounts for 2002 Taxroll
RECREATION DIRECTOR LINDA TUFILLARO
11. Part-Time Hires for Fall/Winter Adult and Youth Programs
ASSESSOR DAVID UNMACK
12. Personnel Transfer
ASSESSOR DAVID UNMACK
13. Special Districts Assessment Roll
GOLDEN AGE CENTER DIRECTOR BARBARA GANNON
14. Change: Kathy Lechner from Seasonal to Permanent Part-Time Van Driver in Accordance with PO-17 from Erie County Personnel Department
REALITY CAFÉ
15. Carpet for Reality Café
COMMUNICATIONS - GENERAL
JOHN C. GORTON, JR.
1. Resignation from Parks and Recreation Advisory Board
ISLAND MARINE
2. Request for Temporary Certificate of Occupancy at 1080 East River Road
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Rezoning R-1B to B-1, Michael Carr for Additional Parking and Breakfast Café at 1478 Ferry Road
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Gene Masters
Eugeniusz ("Eugene") S. Kozek
Marie E. (Vaughan) Meyer
H. Bernard "Barney" Gingrich
Annie "Nancy" (Barnes) Stabell
Marie A. Davis


Town Board
Approves Contract for Road Repaving

By Lee Cohen
   Following a public hearing Monday night (Oct. 29, 2001) prior to a joint town board/school board meeting, the town board voted to contract through the Erie County Community Development Block Grant Consortium to repave the duplex area, including Carl, Ward Park, Blackmon and West Park roads.
   Residents of Falls Link Road presented a petition asking that repaving of that road be included in the contract, but Supervisor Peter McMahon cast doubt on whether it could be done, since the road is private property. The request was added to the motion, however, with the proviso that it must qualify for Community Development Block Grant funding in order to be paved.


Key Isle Races To Be Decided Tuesday

By Joelle Logue
   Election Day polls will be open from 6 a.m. to 9 p.m. in eight locations representing 15 districts Tuesday, November 6.
   Islanders will elect two town council members from a field of six who are campaigning for the seats. Mary Cooke, who seeks her third term, has secured three lines – Republican, Independence and Conservative. She faces off against another incumbent, Mike Heftka, who seeks his second term and has two lines – Democratic and Independence. Others given major party endorsements are Republican Dan Robillard, Democrat Eileen Torrence and Conservative John ‘Rus’ Thompson. Actively seeking a write-in vote is Tony D’Orazio who lost in the primary on the Independence line. Write-in votes are cast by lifting a door at the top of the race under consideration and writing in a name. Since two votes can be cast for the council race, once a write in vote is completed only one other lever can be pulled.
   In contention for the town justice post are Randy White who has three lines and Republican Timothy Mordaunt who ran two years ago against Town Justice Sybil Kennedy. Mordaunt or White will fill the seat of retiring Judge Eric Reimann.
   Incumbent Highway Superintendent Ray Dlugokinski is endorsed by the Republicans and Independents while Ken Carter is endorsed by the Democrats and Conservatives. The two faced off two years ago.
   Islanders will also vote for Erie County Sheriff – incumbent Patrick Gallivan versus Barbara Miller-Williams; Erie County legislator – incumbent Charles Swanick versus Kevin Hartwick; and County Comptroller – incumbent Nancy Naples versus Jeff Swiatek. Two of following four will be elected to Family Court Judgeships – Sharon Townsend, Patricia Maxwell, Lisa Rodwin and Joan Warren.
   Also to be decided Tuesday are two propositions, one state and one county. Ballot Proposal #1 advocates amending the state constitution to be gender neutral at no cost involved as it is reprinted on an annual basis. The Erie County Proposal would provide for a local law to amend the Erie County charter to include the Erie County Cultural Resources Advisory Board and Erie County Public Benefits Advisory Board in a more official role of the budget making process. The boards, which provide annual funding to arts groups and public programs, would oversee the funding effort and improve accountability of the groups receiving the funding.


TOWN BOARD WORKSHOP AGENDA:
Date MONDAY, NOVEMBER 5, 2001 - 6:30 P.M.
TOWN HALL CONFERENCE ROOM

I Executive Session
   A. Personnel Matters
II Agenda Review
III New Items
   A. OSC - Exit Interview
   B. Zoning Officer - regarding Temporary Signs
   C. Confirm Workshop - Code Enforcement date 11/13/01
   D. NYS Comments on Proposed Zoning Revisions
   E. US Soccer Grant
   F. Bond Escrow for Clay Mining
IV Continuing Items
   A. Drainage
      1. Town Wide
      2. Neighborhood
   B. Pesticide Use - Town Property
   C. Town Hall Signs
   D. DeGlopper Monument -Update Honor Roll
   E. Snow Removal Complaint
   F. Sign Ordinance - Update
   F. Water/Wastewater Reorganization
V. Roundtable


November 30 Last Day
For School Tax Payments

   Town Clerk Nancy Samrany reminds taxpayers that November 30, 2001 is the last day school tax payments can be made to the Town Clerk’s office. If you have changed banks, have paid off your mortgage or do not have an escrow account and did not receive a tax bill, please contact the Town Clerk’s office at 773-9600 ext. 620. Checks should be made payable to Town Clerk. Taxpayers should call the office for correct balance due. Personal checks are not accepted after November 15 and payments may be made until November 30, 2001. After this date, payments must be sent to the County.

 Joint School Board/Town Board Agenda - October 29, 2001
7 P.M. - Charlotte Sidway Elementary School Dining Room
1. 7 P.M. - Call to Order
2. Pledge of Allegiance
3. Update on Past Cooperative Activities
   A. Gifts
   B. Youth Court
4. Current Activities
   A. Youth Advisory Board
   B. Job Search
   C. Advantage After School Program Grant
5. Future Activities
   A. Joint Investing of funds
   B. Tabletop/disaster simulations
   C. CPR (with Fire Co.) - Health Association
6. Discussion
   A. Ransom Road Parking


Board Salutes School Board


School Board Members Myrna Blair, Richard McCowan, Sue Gill and Dave Goris are shown with Supervisor Peter McMahon, second from left.
Barbi Lare Photo

By Joelle Logue
   The Town Board, Monday, recognized members of the Grand Island School Board by proclaiming the week of October 22-25 as School Board Recognition Week in the town. The proclamation cited trustees’ dedication to children and the community and referred to them as an invaluable resource as local decision makers responding to the needs of the community and serving the interests of school children.


Town Board Members Haggle Over Budget Process

By Joelle Logue
   A proposal by Councilman Kevin Rustowicz to reduce town expenditures by asking department heads to cut their 2002 budgets by ten percent led to much discussion during the board’s workshop and town board meetings Monday, October 15, 2001. His plan, as amended by Councilman Mike Heftka, who proposed an overall 10 percent budget cut that might not have affected every department, was ultimately defeated by a 3-2 vote.
   Calling his “2002 Property Tax Reduction Plan” a philosophical change in approaching the budget, Rustowicz said, “We must take the lead”…. “We need to change the way we do business” and “Look at the big picture for the good of Grand Island.” Referring to the fact that Grand Island is the second highest taxed town in Erie County and that there are some 30 vacant commercial and industrial properties on Grand Island Blvd., he added, “The town should put out the sentiment that we want to reduce taxes and bring business in.” Asking department heads, the experts, to cut costs seemed a reasonable approach to Rustowicz because they know their departments best.
   According to his plan, Rustowicz said priorities would be given to budget items that reduce a threat to the health and safety of citizens, reduce overall operating costs for the town’s water and sewer districts or highway dept., provide a net increase of general revenue for the town, protect or prolong the life of assets maintained by the town, and those items which are determined to be ordinary and necessary expenditures for the town.
   But Councilwoman Mary Cooke said his plan wasn’t a plan at all because it didn’t give an outline on how to cut costs. Furthermore, she contended that every department head would consider his items to be “ordinary and necessary expenditures.”
   Asserting that the budget process is mandated by law and already in place, Dick Crawford said the supervisor presents his budget and the town board members, in meeting with department heads, make adjustments to that budget through a series of workshops. He emphasized that it is the town board’s job, not the departments heads' job to put together a budget.
   Crawford and Cooke also referred to mandated increased medical costs (15 to 20 percent) that were beyond their control along with other contracts that had increases built in. Cooke reminded the board that she had voted against adding a full time employee with a full benefit package during this fiscal year, a move she contends had impacted the budget. And, she said, the board might have to look at cutting positions.
   Heftka, in supporting Rustowicz’ proposal as a goal rather than a plan, agreed that the town’s portion of the property tax was small in comparison to the county, but the town should take the lead and motivate others in reducing taxes.
   Supervisor Peter McMahon opposed Rustowicz’ resolution and said he had no knowledge of it prior to the workshop. Citing his five percent budget increase was based on mandated costs and a modest cost of living wage increase across the board, he felt it was inappropriate to put the burden on department heads to cut costs when it was clearly the job of the elected board.
   A public hearing on the proposed Town Budget will be held 7 p.m. Thursday, November 8, 2001. Budget workshops are scheduled for Saturday, October 20 from 8-10 a.m., Saturday, November 10 from 8-11 a.m. and, if needed, Tuesday, November 13 at 7 p.m. at Town Hall.


Special Use Permits Approved

By Joelle Logue
   The town board, Monday, approved special use renewals for the keeping of two horses by Kathleen Doldan at 1505 Huth Road and for the keeping of three horses by Lee and Joie Celano at 2341 Falls Link. Also approved was a request by Noreen Burke at 2989 Staley Road for the keeping of one or more riding animals. A barn and riding facility will be constructed on the property and horses will be kept at the location for eight months out of the year (November through March).
   Site plan approval was given to Michael Hooper at 2791 Bedell Road for construction of a 40x60 ft. storage building subject to proper screening with evergreens next to the length of the building. A request by Michael Carr for rezoning property at 1478 Ferry Rd. from R-1B to B-1 for additional parking and breakfast café was tabled while Carr considers combining this lot with the Village Inn restaurant property.
In other business, the town board:
• Authorized the supervisor to prepare, sign and submit a grant application titled “Grand Island Bike Trail Connect Project,” for $700,000 (town’s share is 20 percent). The project is designed to link the existing mutli-use trails and roadside bicycle shoulder pathways to create a seamless trail system.
• Authorized the supervisor to renew co-op resolution with City of Niagara Falls for the purchase of chemicals used for water and wastewater treatment.
• Approved Public Improvement Permit to construct approximately 2400 lineal feet of 12-inch diameter PVC Waterline along Alvin Road to service the proposed Fucilllo Chevrolet Dealership.
• Agreed to renew motor fuel supply contract with Grand Island Sales and Service Inc. for one additional year under the same conditions as the initial two-year contract.
• Authorized the supervisor to submit a PO17 to create a new position at the Golden Age Center for Kathy Lechner to permanent part-time to fulfill more transportation needs. She was previously seasonal part-time. This action does not impact hours or cost.
• Authorized the supervisor to sign a DEC Recycling Equipment matching grant that requests $18,802 from NYS Dept. of Environmental Conservation to provide 50 percent reimbursement for the town’s recycling program. This includes partial reimbursement for recycling bins and provides for the purchase of two Salsco Model 813 wood chippers.
• Received notification that the DEC gave a negative declaration for a pond project by Michael Dann at 1538 Baseline Road. • Acknowledged that $100 was raised by the Wastewater Dept. for the American Red Cross Relief Fund.
• Acknowledged a letter from Jean Yarwood to the NYS Park Police requesting round the clock park and marine patrol of Beaver Island State Park and Buckhorn State Park citing the vulnerability of these areas to possible terrorist infiltration.
• Accepted a revised map cover and storm and sewer easments for Island Meadows Subdivision.
• Set a public hearing for 6:45 p.m. Monday, October 29 for consideration of Community Block grants including one for the resurfacing of streets in the duplex area (Blackmon, West Park, Ward). • Urged residents to help out with the KidsVote project on election day by calling Lee Tetkowski at 773-3266 or contacting Supervisor Peter McMahon.


Town Restricts Parking Near High School

By Joelle Logue
   Responding to a request from the school district and residents of New England Village to restrict parking in the vicinity of the Grand Island High School, the town board, Monday, considered two resolutions.
   In a unanimous vote, the board prohibited parking on the entire length of Bishops Gate Road, and on portions of Foxcroft and Windham Lane (500 feet at the western ends of both roads) between the hours of 7 a.m. and 10 a.m. on days when school is in session at the high school.
   Another resolution prohibiting parking on the south side of Ransom Road between the easternmost dirveway and westernmost driveway at Grand Island High School/Middle School complex was referred to the town board for further study. Board members, in workshop, had several thoughts on the subject. Councilman Heftka suggested the parking ban might actually cause more problems. Dick Crawford felt that utilizing different soccer fields or changing schedules when both football and soccer games are planned could alleviate the parking overflow. All agreed no decision should be made until further discussion was held with school personnel and trustees.
   School Superintendent Paul Fields, in a letter to the supervisor, said the board would support any decision the town board made regarding parking, but reminded the board that a capital project that would expand student parking slots would be part of a long range solution to the problem.


Halloween Trick or Treat Hours Set

   The official trick or treat hours from the Town of Grand Island are 5-8 p.m. Wednesday, October 31, 2001. This year the town is advising that parents accompany children as they go door to door and carefully scrutinize all candy collected.

PUBLIC MEETING NO. 19 Date: OCTOBER 15, 2001

ROLL CALL:
INVOCATION: St. Stephen’s Roman Catholic Church
PLEDGE: Councilwoman Cooke
PUBLIC COMMENT - AGENDA ITEMS ONLY
PROCLAMATION: SCHOOL BOARD RECOGNITION WEEK
APPROVE MINUTES: Town Board Meeting of October 1, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M. NONE
CONSENT AGENDA
1. Home Energy Assistance Program (HEAP) Meetings
2. Board of Architectural Review - Minutes of Meeting: September 4, 2001
3. Building Permits - September 2001
4. Golden Age Center - Usage of Facilities and Vehicles for September 2001
5. Superintendent of Schools - Reply to "No Parking" Signs Request
6. DEC Notification of Application for Pond by Michael Dann at 1538 Baseline Road
7. Seneca Nation of Indians v. New York State, et al - Latest Order of Court
8. NY Senator Brown - Concern Over Lack of Patrolling at Beaver Island/Buckhorn Park
9. Planning Board - Minutes of Meeting: August 13, 2001
10. Erie County Budget Director - Submittal Deadline for Town Budget 2002
11. Assemblyman Hoyt - Concern Over Lack of Patrolling at Beaver Island/ Buckhorn Park
COMMUNICATIONS – TOWN BOARD
SUPERVISOR McMAHON
1. Monthly Reports - August & September 2001
2. Set Public Hearing for 2002 Budget
3. Parking Restrictions-Ransom Road/New England Village Subdivision
COUNCILMAN RUSTOWICZ
4. "2002 Property Tax Reduction Plan"
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Kathleen Doldan 1505 Huth Road House Two (2) Horses
B. Lee & Joie Celano 2341 Falls Link Keeping up to Three (3) Equine Animals
2. Resolution for Bike and Pedestrian Trail Grant
PLANNING BOARD
3. Special Use Application: Noreen Burke 2989 Staley Road - Keeping of One or More
Riding Animals
4. Rezoning R-1B to B-1 Michael Carr For Additional Parking and Breakfast Café at 1478 Ferry Road
5. Site Plan Approval for Storage Building by Michael Hooper 2791 Bedell Road
WASTEWATER SUPERINTENDENT WAYNE CLINTON
6. Authorization to Renew Co-op Resolution with the City of Niagara Falls
7. Wastewater Department Employees Donation to the Red Cross Relief Fund
TOWN ENGINEER JOHN PHILLIPS
8. Public Improvement Permit - 2400 linear feet of 12" Waterline for Fuccillo Chevrolet 2000 Alvin
9. Renew Motor Fuel Supply Agreement
TOWN COUNSEL PETER GODFREY
10. Island Meadows Subdivision Resolutions
GOLDEN AGE CENTER
11. Personnel Status Change
COMMUNICATIONS - GENERAL NONE
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. DEC Recycling Equipment Grant
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Richard J. Couch
Benjamin A. Spiesz
Donald O. Argy, Sr.
Annalta J. (Atkins) Mitchell


TOWN BOARD WORKSHOP:
Date MONDAY, OCTOBER 15, 2001 - 6:30 P.M.
TOWN HALL CONFERENCE ROOM


White Eeks Out Three Lines In Justice Race

By Joelle Logue
   It took more than a week to determine the Independence and Conservative party lines for town justice simply because the races were too close to call. However, Democratic candidate Randall White has apparently won both primary lines by a margin of one vote. A single absentee ballot decided his 44-43 Conservative Party victory over Republican candidate Timothy Mordaunt. White also won by one vote (41-40) to capture the Independence line. This is White's first run for a town justice seat on Grand Island while Mordaunt, former Republican chairman, lost his bid for a justice post to Sybil Kennedy in 1999. White will have an advantage in November having garnered three lines to Mordaunt's one line. Other primary results are as follows:
- Incumbent town board members Michael Heftka and Mary Cooke defeated Anthony D'Orazio Jr. and John 'Rus' Thompson on the Independence line with Heftka taking the most votes (51) and Cooke (48). On the November ballot will be five vying for two council seats - Cooke and Dan Robillard on the Republican line, Heftka and Eileen Torrance on the Democratic line, Thompson and Cooke on the Conservative line and Heftka and Cooke on the Independence line.
- In the Independence primary race for highway superintendent, incumbent Ray Dlugokinski won handily (51-17) over Joseph Lukasiewicz Sr. Dlugokinski, who has the Republican endorsement, will face Ken Carter who has the Democratic and Conservative lines. Both ran for the position in the 1999 race.

Former Grand Island Record Editor Joins e-News Staff


                  Joelle Logue
Barbi Lare Photo

Joelle Logue has joined the staff at Isledegrande.com and will cover town board news, town elections and contribute unbiased interviews with town officials and others. Former editor of the Island Dispatch for nine years, she went on to creating the Lewiston Porter Sentinel, the Niagara Wheatfield Tribune and the Grand Island Record, all of which she also edited.


 Town Meeting On Code Enforcement Rescheduled

The October 17th Town Board Meeting regarding Code Enforcement has been cancelled and will be rescheduled during the workshop on October 15, 2001.


Town Puts Freeze on Discretionary Spending

By Joelle Logue
   Citing economic uncertainty and anticipated reductions of the town’s share of county sales tax, mortgage tax and/or supplemental state aid for the fourth quarter, the Town Board, Monday, October 1, 2001 voted unanimously to freeze spending for the balance of the current year. The action prohibits all new purchases, contracts or other spending in excess of $500 per item, without prior approval that would require submitting a purchase request to the town supervisor detailing the cost and justification for any item. In the unlikely case that fourth quarter revenues are unaffected, a larger Fund Balance would carry over to 2002 to offset any 2002 revenue losses.
     Supervisor Peter A. McMahon estimated there might be as much as $150,000 of “planned” but “discretionary” expenditures which would be subject to the freeze. In addition, he said the Supervisor’s Recommended Budget for 2002, discussed below, contains additional revenue reductions.
   Councilman Dick Crawford, concerned about employee overtime costs, said he hoped any overtime would be closely scrutinized to go along with the spending freeze. Councilman Michael Heftka requested that McMahon provide a list of approved expenditures at each Town Board meeting.
   In his 2002 budget, McMahon recommends a General Fund Rate of $2.55 per $1,000 of assessed value, a 3.7 percent increase over the 2001 rate of $2.46 per $1000. Fund Budget appropriations total $4,655,488 that is $221,147 higher than last year. This is based on the assumption that one deputy town clerk will be partially replaced through the use of lock boxes for tax payments. The year end unappropriated Fund Balance for 2002 is projected at $342,375.
   The supervisor’s recommended highway fund tax rate is $2.23 per $1000 of assessed value, a 6.2 percent increase over the 2001 rate of $2.10 per $1,000. Highway fund appropriations, suggested by McMahon, would total $1,600,370, $44,452 less than the 2001 budget. This budget includes no appropriation for new equipment, but there are appropriations in the 2002 Capital Budget for two pieces of heavy equipment. A third piece of equipment is the subject of a grant application. The 2002 year end unappropriated Fund Balance is projected at $79,652. A reduction of four vehicles in various departments is also included in the 2002 Budget.
   The Fire Company contract request is $651,350 that fixes the fire tax rate for 2002 at $1.18 per $1,000 of assessed value.
   Mandated increased costs within the budget include health care up $103,000, employee pay up $43,000, Workman’s Comp up $61,600 and state retirement up $25,230.
   McMahon’s budget will be the subject of town board budget workshops that result in a public hearing. Final 2002 budget adoption deadline is November 20, 2001 with a public hearing to be held no later than November 8.
In other business, the board:
• Authorized the supervisor to sign the Division for Youth Expenditures Reimbursement Voucher for 2000 in the amount of $6,401 for Recreation Youth.
• Authorized the supervisor to renew the HVAC Maintenance Service Agreement with M.J. Mechanical for four years at a cost of $1,960 per year.
• Acknowledged the apportionment of the four percent county sales tax for the month of September as $164,644.65 for the school district and $146,725.88 for the town.
• Referred to the Town Board, for review at a future date, the NYSERDA Energy Performance Contract.
• Approved a five-year lease with the Erie County Sheriff Dept. at 1856 Whitehaven for $2000 per month.
• Heard a complaint by Dr. Robert Lutnick of West Oakfield regarding a town law requiring a plumbing exam for those who wish to do plumbing in their own home. Feeling it is an impingement on his freedom, he also feels the law is an attempt to control plumbing services on the Island.


TOWN BOARD WORKSHOP: Changes/Revisions
 SCHEDULE:
Additional Meeting Scheduled:
Tuesday, November 13, 2001 7:00 – 9:00 p.m. Zoning – Final Draft
Change to Existing Meeting:
Monday, October 29, 2001 7:00 p.m. - ? Changed from 2002 Budget to JOINT TOWN BOARD/SCHOOL BOARD MTG.
TOWN HALL CONFERENCE ROOM


Town Accepts DEIS For Airstrip

By Joelle Logue
   A resolution accepting the Draft Environmental Impact Statement (DEIS) for the proposed private airstrip by Robert Mesmer at 2548 Love Road was passed and adopted by the Town Board October 1. The DEIS, which addresses potential environmental impacts such as geology, noise, community character etc., was required by the board in response to a special use application by Mesmer who is requesting permission to have the private airstrip on the 16-acre site.
   The DEIS will be on file in the Town Engineering Dept. and written comments will be received by the town engineer on the project until the close of business November 12, 2001.


Special Use Renewals Granted

By Joelle Logue
   The Town Board approved several special use renewals at its October 1, 2001 meeting.
   Citing no change in use, the board approved the operation of Grand Island Garden Center at 2120 Alvin Road, the keeping of one or more riding animals by Dean and Don Duguay at 2858 Staley Road and the personal use of two horses by Cathleen Shaw at 3054 Stony Point Road. Also approved was the keeping of four horses on four acres by Paul Ianni at 828 East River and a revised entrance layout for Fairway Greens to include a landscaped island.
   Following comment by Peter Godfrey, attorney for the town, the board tabled approval of the DEC Recycling Equipment grant. Referred to the town attorney was a proposed revision to the entrance of Jamestown Road in Island Meadows Subdivision. Concerned about the plan were Bedell Road residents Robert and Welltha Rutland who spoke during the public comment period.
   Referred to the Planning Board was site plan approval for a storage building at 2791 Bedell Road as requested by Micheal Hooper.


 Ethics Committee Members Appointed

By Joelle Logue
   The Town Board, Monday, October 1, 2001 named the following residents to its newly formed Ethics Committee: Kimberly Glessner, Michael Rossi, Chris Learman, Frank Kedzielawa and Dennis Badame. The Committee was formed to examine problems or areas that might involve conflict of interest with regard to department heads and elected officials.
   Based on the Code of Grand Island Code of Ethics Law, the Committee will help to see that ethical standards are conformed to, require public disclosure of financial interests that may influence or be perceived to be influencing actions of town officers and employees to minimize unwarranted suspicion and to provide for fair and effective administration. Designed to meet on a need only basis, the Committee will hold a preliminary meeting to organize.


 Electrician Exam Set

By Joelle Logue
   A license exam for Master Electricians has been scheduled for Saturday, December 15, 2001. Applications, which must be received by 5 p.m. Wednesday, November 14, are available in the Building Department of Town Hall.


 Fish Health Alert

By Joelle Logue
   A flyer from the State, Erie County and Chautauqua County Health Departments warns that some sheepshead from Lake Erie contain botulism poison that can cause illness and even death. Other fish and waterfowl may be affected as well. It is advised that no fish or waterfowl that act abnormally or seem sick should be eaten. Gloves or a plastic bag should be used in handling of dead or dying fish or waterfowl.


Garbage Pick Up Dates Unchanged

By Joelle Logue
   Despite the fact there are two upcoming holidays on the calendar, there will be no change in garbage pick up days. Columbus Day, celebrated October 8, 2001 will not change garbage and recycling days. Neither will Veterans Day, November 11, which this year falls on a Sunday.

PUBLIC MEETING NO. 18
Date OCTOBER 1, 2001

ROLL CALL:
INVOCATION: Island United Presbyterian Church
PLEDGE: Councilman Rustowicz
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of September 17, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M. NONE
CONSENT AGENDA
1. 2001 Erie County Summer Youth Employment Program
2. Anchor Marine Application for Boat Marina License for 108 Boat Slips
3. State Senator Brown’s Acknowledgement of Board Resolution for 800 Mhz System
4. Chamber of Commerce - Thanks for Island Treasures Festival
5. Governor Pataki’s Acknowledgement of Support for 800 MHZ Communication System
6. Adelphia Cable - New Rate Structure for Power Link
7. Advantage After School Program Report
8. Safety Committee - Minutes of Meeting August 29, 2001
9. Erie County Health Department - Approval of Island Meadows Subdivision Part I
10. NYS Division of Criminal Justice - Use and Dissemination Agreement with Town
11. Information on State Grants Funded through the Clean Water/Clean Air Bond Act
12. Traffic Safety Advisory Board - Minutes of Meeting August 14, 2001
13. Troy & Banks - Examination of Adelphia Franchise Agreement with the Town
14. Zoning Board of Appeals - Minutes of Meeting September 6, 2001
15. Erie County Department of Health - Health Alert/Certain Lake Erie Fish
16. Erie County Comptroller - September 2001 Sales Tax Revenue
COMMUNICATIONS – TOWN BOARD
SUPERVISOR MCMAHON
1. Resolution of an Agreement with Erie County Department of Health, West Nile Virus
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Gene Ryshkus/Grand Island Garden Center 2120 Alvin Road for Agriculture- Nursery (Gardening)
B. Paul Ianni 828 East River Road Keeping of Three (3) Riding Horses
C. Dean & Ronald Duguay 2858 Staley Road Keeping One or More Riding Animals
D. Cathleen Shaw 3054 Stony Point Road Personal Use of Two (2) Horses
-2- 10/01/2001
2. DEC Recycling Equipment Grant
TOWN ENGINEER JOHN PHILLIPS
3. HVAC Preventive Maintenance Contract at Library & Parks Building
4. Site Plan Approval 2791 Bedell Road for Storage Building
5. Proposed Revision to Jamestown Road Entrance - Island Meadows Subdivision #4
6. Revised Entrance Layout Fairway Greens - Phase 2
RECREATION DIRECTOR LINDA TUFILLARO
7. Division for Youth Expenditures
TOWN ATTORNEY PETER GODFREY
8. Airport Project - Robert Mesmer 2548 Love Road
9. Lease - Erie County Sheriff Department
COMMUNICATIONS - GENERAL NONE
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Don Mesler
Joseph Esack


Town Board Report

By William O'Connor
   A public hearing was held at the Monday, September 17, 2001 town board meeting to discuss prohibiting parking between the hours of 7 a.m.and 10 p.m.in the New England subdivision next to the high school. Area residents submitted 200-signature petition in support of the move, at the September 4 town board meeting.
   "If they're not allowed to park at the school they shouldn't be allowed to park on our street," said Thomas Taylor of Foxcroft Lane, who added that high school children were causing a "lot of problems" by hanging out littering and smoking.
   The restrictions would make the "kids in the neighborhood a lot safer;" inexperienced teenage drivers are "burning rubber" when they drive through, said William Tompkins of Bishop's Gate.
   Teen parking near the school has been "a problem for 32 years," said former councilman Gail J. Lazenby of Sandy Beach Road. He added that the problem might go away if students had to pay parking tickets or find out that their cars were towed due to many violations.
   No one spoke against the restrictions in spite of the fact that there were several high school students attending the meeting for a school assignment.
   The board referred the matter to a future meeting. council member Michael E. Heftka said that the board should decide the issue at the Monday, October 1, meeting but council member Mary S. Cooke disagreed, saying that the board should study the problem, and solve it; "not just move it" to another street like "Tracey Lane."
   A public hearing was also held for Michael Carr to rezone 1478 Ferry Road from residential (R-1B) to business (B-1), to allow for additional parking and a Breakfast Café for the Village Inn Restaurant. Joanne Carr spoke in favor of the project saying that it would enhance the character of the neighborhood. No one spoke against it.    The matter was referred to the Zoning Board.
   The board received notice from the County announcing plans to do a "tube count" traffic study for the proposed Wilson Farms convenience store and gas station at the corner of Ransom and Stony Point from Friday, September 21 through Monday, September 24.
   Kim Tetreault of the Concerned Citizens of Grand Island said that the timing of the count is poor; that the result would not be representative because less people attend the school on Mondays and Fridays; there are no adult education classes on Friday; no special events during the time period; and no varsity football game scheduled for that weekend. Tetreault said that having a count on this weekend would be against a "resolution of the town," and that she had a "sad feeling" that this weekend was chosen due only because of the availability of the equipment.
   The board held a workshop session after the meeting to discuss the matter. As of Wednesday, September 19, the town has contacted the county to possibly change the date, but there is no word on if the time of the count will be changed.
   The Town Board also:
   -Suspended the rules to allow the owner of Park Place Subdivision (near Harvey Road between Staley and Whitehaven Roads) to do "Public Improvement" excavation work for storm water control, during the now favorable weather conditions. Robert Livingston, the owner of the project thanked the board for their quick action after the meeting. Council member Kevin Rustowicz expressed his dissatisfaction with the building department's "unprofessional" handling of the project. Rustowicz claimed that he was not notified about the project until the board's 6:30 workshop meeting on Monday. Council member Cooke said that she and the other council members were also not notified. The measure passed 5-0.
   -Received a copy of a letter from NYS Senator Byron Brown and Assembly member Sam Hoyt requesting a meeting with a "top official from Albany in charge of setting E-Z Pass policy." Recently, E-Z Pass complaints "have besieged our offices," according to the letter.
   -Received notice from Erie County that there will be a "Computer Recycling Drop-off Day" Saturday, September 29, 2001 from 9 a.m.- 2 p.m. at the Southgate Plaza, Union Road and Seneca Street in West Seneca. For more information call 858-6370.
   -Voted to install a T-1 data line to share tax assessment and other information with the county government.
   -Made the following appointments: Grand Island E-News Editor Teddy Linenfelser - Town Historian; Joan Droit - Assistant Historian for Special Events; Carol D. Harvey - reappointed to the Assessment Review board; Brandon Wright and Robert Meyer, part time animal control officers (for weekend and holiday duties); Susan Quagliana, Substitute School Crossing Guard.
From the floor:
   Gail Lazenby thanked McMahon arranging the Sunday Memorial meeting for the victims of last Tuesday's terrorist attacks. Lazenby suggested that the town should offer to send some of its "uniquely qualified" municipal employees to New York City, at the town's expense, to help rebuild after the tragedy. Lazenby said that he would have "No problem with my tax dollars going to that effort."
   Rus Thompson who is campaigning for a Council member position told the audience he suspended his campaign since the attack, then mentioned his Tuesday "public meetings." McMahon accused Thompson of making a "political announcement" at the meeting, and asked that he not do it again. Thompson then mentioned his web page at isledegrande.com
   Closing the meeting, McMahon said that there might be construction delays (depending on the weather) exiting Grand Island on the North and South Grand Island Bridges this weekend; and that travelers may want to leave a half-hour early for off-island events.
   He also praised Grand Island residents for their response to the Terrorist attacks, noting that a Harvey Road resident went door-to-door collecting more than $400 for the Red Cross; Children from Saint Stephen School collected $500 for the relief effort; and more than 1000 residents showed up for the Sunday Memorial Service.


Primary Election Tuesday September 25th, 2001

   Erie County Board of Elections Commissioners Laurence F. Adamczyk and Ralph M. Mohr announce the 2001 September Primary Election has been rescheduled for Tuesday, September 25th, 2001.
   Any votes cast on the voting machines on September 11, 2001 will not be counted. All voting machines will be reset for voting. Hours for voting in Erie County will be 6 A.M. to 9 P.M. Vote at your regular polling place.
   Absentee voter ballots that have been voted will be valid. The Board of Elections will continue to accept absentee applications and ballots. Applications will be accepted for voters who will be out of the county or ill on Tuesday September 25th. The last day to apply by mail is Friday September 21st.
   The Board of Elections will remain open additional hours for voting absentee as follows:
Tuesday September 18th 9 A.M. to 7 P.M.
Thursday September 20th 9 A.M. to 7 P.M.
Saturday September 22nd 9 A.M. to 7 P.M.
   Please call Town Clerk Nancy J. Samrany if you have any questions.


2001/2002 School Tax Bills

   Town Clerk Nancy Samrany announced that the 2001/2002 School Tax Bills have been mailed. "If you have changed banks, have paid off your mortgage or do not have an escrow account and did not receive a tax bill, please contact the Town Clerk’s office at 773-9600 ext. 620." The office will be open 9 a.m.-1 p.m. Saturday, October 13, 2001. Checks should be made payable to Town Clerk. The last day to pay without penalty is October 15, 2001. Envelopes must show a legible postmark of October 15, 2001 to be accepted on time. Taxpayers should call the office for correct amounts for payments made October 16, 2001 and later. Personal checks are not accepted after November 15, 2001 and payments can be made until November 30, 2001. After this date, payments must be sent to the County.

PUBLIC MEETING NO. 17
Date SEPTEMBER 17, 2001

ROLL CALL:
INVOCATION: Emmanuel United Methodist Church
PLEDGE: Councilman Heftka
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board meeting of September 4, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. Special Use Application: Noreen Burke 2989 Staley Road - Keeping Of One or More Riding Animals
2. Rezoning Application: Michael Carr 1478 Ferry Road - R-1B to B-1 for Additional Parking and a Breakfast Café
3. Request for "Restricted Parking" Signs - New England Subdivision Residents
CONSENT AGENDA
1. Animal Control Statistics - August 2001
2. International Conference of Building Officials (ICBO) - Code Development Hearings
3. Golden Age Center - Usage of Facilities & Vehicles for August 2001
4. County Computer Recycling Drop-Off Day
5. NYSDOT - Realignment of Areas of Responsibility for State Highways/Erie County
6. Erie County Department of Public Works - 24 Hour Mechanical Traffic Counts of Stony Point/Bedell/Ransom Roads
7. Building Permits - August 2001
8. Board of Architectural Review - Minutes of Meeting: August 7, 2001
9. Zoning Board of Appeals - Minutes of Meeting: August 2, 2001
10. Grant Consultants - Parks and LWRP Grant Applications
11. Community Development Block Grant Project Application Process Briefing 12. Highway Maintenance/Repair Cost Savings Analysis
13. Inventory for Highway Department Machinery, Tools & Equipment
14. Evenson Dodge, Inc. - Annual Continuing Disclosure Report
15. NYS Legislature Letter Requesting EZ Pass Meeting on Grand Island
16. Niagara Mohawk Western New York Digital Towpath E-Government Project
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. Buffalo Triathlon and Beaver Island Sprint Triathlon 9/17/2001
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Eleanor Burg 3030 Stony Point - Stable Horses (up to 2 equine) on 3.5 acres
B. Laura & Steven Gorcheck 5302 East River - Equine Animal (one Horse)
COMMUNICATIONS - GENERAL
CAROL D. HARVEY
1. Reappointment to Grand Island Board of Assessment Review
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Appoint Town Historian
2. Crossing Guard Hire
3. County of Erie Division of Finance - T-1 Data Line Installation
4. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT

In Memory of:
Those Who Died on September 11, 2001 in the Attack on America
Martin H. Doebert, Jr.
Agnes Hartley


TOWN BOARD WORKSHOP:
Date MONDAY, SEPTEMBER 17, 2001 - 6:30 P.M.
TOWN HALL CONFERENCE ROOM


Town's Temporary Skate Park Reopens

Mike Mehltretter photos
   Town of Grand Island officials were on hand under sunny skies Monday afternoon to open the temporary skate park behind the Grand Island Memorial Library. Town board members shown left are Dick Crawford, Kevin Rustowicz, Mary Cooke, Mike Heftka and Supervisor Peter McMahon.


GRAND ISLAND TOWN BOARD WORKSHOP SCHEDULE:
Date Saturday, October 13, 2001 - 8:00 – 10:00 a.m. 2002 Budget
Date Wednesday, October 17, 2001 - 7:00 p.m. - ? Code Enforcement Reorganization
Date Saturday, October 20, 2001 - 8:00 – 10:00 a.m. 2002 Budget
Date Monday, October 29, 2001 7:00 p.m. - ? 2002 Budget
TOWN HALL CONFERENCE ROOM
2255 BASELINE ROAD



NO PARKING!!!

By William O'Connor
   The Grand Island Town Board held a public hearing at its Tuesday, September 4, 2001 meeting to discuss erecting "No Parking" signs on Ransom Road, in front of the Grand Island Middle and High Schools.
   The restriction was requested by the Grand Island School Board and by the parent of a student, struck and injured in a traffic accident in front of the schools last spring. Students, parking cars on Ransom across from the schools, are causing traffic problems for homeowners and pedestrians, who cannot see oncoming traffic on the busy road.
   The town board referred the matter for future consideration.
   Dolly D'Orazio of Tracey Lane commented that parking at the schools might be inadequate during concerts and other events.
   Supervisor Peter A. McMahon agreed with D'Orazio and noted that the New England subdivision just to the east of the School is also requesting no parking signs.
   Residents in that neighborhood collected 91 signatures on a petition that says: "1) Traffic is restricted to one lane. 2) Students gather around the parked cars smoking/drinking before, during and after school hours. 3) Debris such as bottles, papers, cans etc. are strewn on the homeowners' lawns, driveways and empty lots. 4) Students gather and sit on the road - not allowing traffic to proceed safely. 5) Snow removal is restricted, since the plows cannot clear the road with cars on both sides of the road.
   Residents request that the town "immediately" erect signs forbidding parking in their neighborhood Monday through Friday, from 7 a.m. to 10 p.m. A public hearing has been scheduled for the September 17 town board meeting to discuss the proposed restrictions.
   Council member Michael E. Heftka announced the beginning of "Project Alert," to make residents aware that school is open and people should drive carefully. Heftka credits State Senator Byron Brown, Grand Island Resident Charlene Drexelius, State Police Sergeant Ron Warner, Grand Island Schools Transportation Director Jack Burns and the Grand Island Traffic Safety Council for the project.
   Project Alert features lawn signs and an electronic message board at the corner of Grand Island Boulevard and Baseline Road. The signs are available in the Town Clerk's office in the town hall.
   In another related matter the board received a letter from NYS Police Superintendent James W. McMahon requesting support for the upcoming "Buckle Up New York" campaign enforcement wave. The stepped up enforcement will run from September 7-16.
   In other action, the board:
   Appointed Architect Frank Burkhart Jr. of Ransom Road to the planning board. Burkhart will serve until the end of this year, completing the term of David Eberl who resigned the board due to illness and died shortly thereafter.
   Received a letter from the U.S. Justice Department, which explains its position in the Seneca land claim lawsuit saying: "If the United States were to withdraw its claims against New York State, the action by the tribes against the private landowners would continue. However, the State could seek dismissal by raising its sovereign immunity under the Eleventh Amendment. This would leave only the private landowners as defendants in the land claim, and would place them in greater jeopardy of being liable. Therefore, the United States believes that it is important to remain a party against New York State to ensure that the State, and not the private landowners, remains accountable for any remedy, and thereby provide the private landowners with a shield against potential liability in an action by the tribes."
   Voted to hold a public hearing at the next board meeting to discuss rezoning 1478 Ferry Road from R1B to B1. The move would allow for additional parking and a Breakfast Café next to the Village Inn (a popular restaurant in the Ferry Village neighborhood).
   Voted 3-2 to advertise for bids for a remote controlled video camera system to examine the town's sewer system. Council members Heftka and Kevin M. Rustowicz voted against the bid saying that the equipment is very expensive and that other alternatives should be studied. Council members Mary S. Cooke and Richard W. Crawford, Jr. and Supervisor McMahon voted for the bids saying that the town will save labor costs and the expense of hiring someone else to do the work if they buy the equipment.
   From the floor Independence Party activist Mike Sendlbeck credited an unnamed donor for fighting in the courts to have "open" primary elections next Tuesday. Four candidates on Grand Island and eighty-two in Erie County would not have been on the ballot due to the political maneuvers of Erie County Legislator Charles Swanick according to Sendlbeck.
   In their closing statements, Heftka and Cooke urged everyone to participate in the Great Lakes Beach Sweep Saturday, September 15, from 9:30 a.m. - noon. Participants should meet at the Riverside Salem Church 3449 West River Rd.
   Councilman Heftka added that the Grand Island Chamber of Commerce is having its Island Treasures event on Whitehaven Road next to the Grand Island Town Hall on the same day and after the "Sweep" people should visit the "Treasures" festival.
   Supervisor McMahon urged everyone in the audience to "exercise their most sacred right" by voting in the primaries next Tuesday, September 11, 2001.

 Burkhart Appointed To Planning Board
   Local architect Frank Burkhart of Ransom Road was appointed to the Planning Board Tuesday. The appointment was made by the town board to fill the unexpired term of David E. Eberl who resigned in July. Eberl, a 12-year planing board member, gave up his post due to poor health and died on August 12, 2001.
   Supervisor Peter McMahon said Burkhart will likely be considered for reappointment to a full seven-year term after this term expires. "His job experience certainly makes him well-qualified," McMahon said.

 Planning Board Meeting Cancelled
    There will NOT be a Planning Board meeting this month. The next regularly scheduled meeting is October 8, 2001.

PUBLIC MEETING NO. 16
Date SEPTEMBER 4, 2001

ROLL CALL:
INVOCATION: New Apostolic Church
PLEDGE: Councilman Crawford
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of August 20, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. "NO PARKING" SIGNS POSTED ON RANSOM ROAD
CONSENT AGENDA
1. Safety Committee - Minutes of Meeting: July 25, 2001
2. New York State Attorney General Spitzer - "Neighborhood Watch Conference"
3. "Buckle-Up New York" Campaign Enforcement
4. Department of State - Revision of Local Waterfront Revitalization Program
5. County Comptroller - Report of Sales Tax Revenue
COMMUNICATIONS – TOWN BOARD
SUPERVISOR McMAHON
1. Office of the Director of U.S. Attorney General - Indian Land Claim
2. Use & Dissemination Agreement with NYS Division of Criminal Justice Services
3. "Rebuilding Erie County’s Communication Services" via Wireless Surcharge Fund
4. Extension - Site Plan Amendment for 2409 Whitehaven Road
5. Appoint Planning Board Member
6. Appoint Town Historian
COUNCILMAN CRAWFORD
7. Crossing Guard Hire
COUNCILMAN HEFTKA
8. "Project Alert"
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewal: John Ventry 3440 Stony Point Road - One (1) Horse
2. Special Use Application: Noreen Burke 2989 Staley Road for Keeping of One or More Riding Animals
3. Rezoning Application: Michael Carr 1478 Ferry Road R1B to B1 for Additional Parking
& a Breakfast Cafe
HIGHWAY SUPERINTENDENT RAY DLUGOKINSKI
4. Permission for Signs to Comply with Uniform Traffic Control Manual
HIGHWAY SUPERINTENDENT & TOWN ENGINEER
5. Change Order - Bituminous Resurfacing of Various Town Roads
COMMUNICATIONS - GENERAL
NEW ENGLAND SUBDIVISION RESIDENTS
1. Request for "Restricted Parking" Signs
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. County of Erie Division of Finance - T-1 Data Line Installation
2. Snyder Industries 2671 Bedell Road - Site Plan for Building Addition, Additional Parking
and Two (2) Tracks for Radio Controlled Cars
3. Wastewater Superintendent - Authorization to Advertise for Bids CCTV Video
Inspection System
4. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Elizabeth Marie (Stack) Blackstock
David E. Eberl
Christopher P. Martin


Town of Grand Island
DOG CONTROL OFFICER


   The Town of Grand Island announces the opening for a Dog Control Officer (weekend/part-time) position. The successful applicant will respond to animal complaints on weekends and holidays. Starting pay is $10.43 hr. There are no minimum number of hours. A valid NYS drivers license is required. Previous animal control experience helpful. Interested persons should apply in writing to: Supervisor Peter McMahon, 2255 Baseline Road, Grand Island, NY 14072. For additional information contact ACO Greg Butcher, 773-9654 or any town board member.


Traffic Study Ordered for Wilson Farms

By William O'Connor
   The Grand Island Town Board approved the Scoping Document for the Supplemental Environmental Impact Statement (SEIS) of the Proposed Wilson Farms convenience store and gas station at the corner of Ransom and Stony Point roads during the Monday, August 20, 2001, meeting. The document includes a four day, 24 hour mechanical traffic count, which will include two weekend days.
   The goals of the study are to "identify the peak hours" and "total traffic" in the area of the proposed development, according to Supervisor Peter A. McMahon.
   The traffic study, which was added to the document at the last minute before the meeting started, is seen as a victory by the Concerned Citizens Group who is opposed to the project.
   The traffic count is a "neighborhood issue," not just an issue of the number of cars and peak periods, said Concerned Citizen Kim Tetreault. She added that the count would help measure the effect that traffic would have on the "character of the community."
    "We were told," not consulted about the traffic count, said Marla DePan Brown who represents Parkland Development, the owners for the project. Brown told E-news that she first heard about the board's decision regarding the count just before the start of Monday's meeting. Parkland and development partner Tops Markets conducted a manual traffic count last spring, which they feel is sufficient. They also feel that the SEIS, including the mechanical count, is costly, unfair, and unnecessary.
   The study will be funded by Erie County, according to town officials.
   Council member Mary S. Cooke voiced concern over the method of ordering the study. She criticized the other board members for amending the document at the last minute and suggested that the board is wasting county tax dollars on a study that would most likely confirm what the traffic "professionals" have already told them.
   The board voted 4-0 to adopt the document. Council member Richard W. Crawford Jr. was excused from the meeting.
   The Town Board also:
   -Tabled a proposal to do an energy conservation audit. In a workshop session before the meeting, board members met with Senior Project Engineer Jeff Zdrojewski from Malcolm Pirnie Associates. Zdrojewski explained to the board how the audit would be financed and some of the ways it could possibly save the town money with products like newer lighting systems, new boilers, better insulation, and timers and motion detectors to control light and heat. The issue will likely be considered during the Tuesday, September 4, meeting.
   -Tabled approval for Erie County to install a data cable connecting the Erie County Hall and the Grand Island Town Hall to share tax assessment information. Council member Michael E. Heftka made the motion to table after expressing concern that there may be hidden costs associated with the installation.
   -Authorized the Supervisor's signature on three Grant applications. The grant monies, if approved, will fund improvements to Veterans Park, a bicycle path, and an after school youth program.
   -Approved the planning board's decision not to reconsider its decision regarding the Majestic Woods sub-division. The decision means that the developer will use conservation easements on private property to preserve 38 acres of wetland contained within the project. The developer tried unsuccessfully to deed the wetlands to the town. The proposed development is adjacent to the S-curve on Stony Point near Ransom.
   -Approved a request from Fuccillo Chevrolet revising its Alvin Road site plan to include two buildings instead of one. Fuccillo representatives say that the move will eliminate space for 25 cars, but make it possible for them to hire more workers.
   -Referred to the town attorney the planning board's questions about the town board decision to approve the Skate-Able site plan on Grand Island Boulevard without referring it to any other committee. For more information about the planning board's questions, see the August 16 edition of Grand Island E-News.
   -Approved a public hearing for 8 p.m. September 4, 2001 at the town hall, to install "no parking" signs on Ransom Road in front of the high school. People living on Ransom complain that cars parked in front of their houses make it difficult and dangerous to leave their driveways.
   -Authorized the town's acceptance of the second lowest bidder for repairs and improvements to Alt Boulevard and Bush Road. The second bidder was approved because the lowest bidder illegally "front loaded" his contract. Front loading a bid makes it possible for a contractor to collect most of his funds during the initial stages of the construction allowing him to make money by quitting the job illegally before it is finished, according to McMahon.
   In his closing statement, Council member Heftka stated that, according to information he received from Recreation Director Linda Tufillaro, the town's temporary skate park in Veterans Park will likely be completed and ready for use by August 29, 2001.

 Zoning Board Sets Hearings
    The Town Zoning Board of Appeals has scheduled a number of public hearings for 7 p.m. September 6, 2001 to consider variances requested by Island property owners. The public is invited to speak for or against.
    Hearings will air requests for appeals for the following:
    - Deborah Napieracz for a variance to permit construction of front porch with less front yard setback and construction of rear addition with less rear yard setback than required at 9 Towerwood Road
    - John Shanor for a variance to permit construction of storage building/garage with the capability for the storage of 4 or more vehicles where there are existing garages for 4 vehicles at 751 East River Road
    - James Wopperer for a variance to permit construction of a dock with boat lift with less side yard setback than required at 2264 East River Road
    - Paul Gast for a variance to permit construction of 3-car garage where there is an existing 2-car garage and with height in excess of 15' at 2588 Fix Road
    - Reg Schopp for a variance to permit construction of an addition with less front yard setback than required at 1029 West River Road
    - David Henderson for a variance to permit construction of a front porch and steps with less front yard setback than required at 1592 Love Road
    - Keith and Karen Call for a variance to permit the installation of an accessory structure with less side yard setback than required at 104 Marilyn Dr.
    - John Turck for a variance to permit construction of a fence with less side yard setback than required at 15 Lakeview Dr.
    - Paul Bartosz for a variance to permit construction of a deck closer to the river shoreline than required at 3701 East River Road

GRAND ISLAND TOWN BOARD WORKSHOP
Date AUGUST 20, 2001 - 6:30 P.M.


PUBLIC MEETING NO. 15
Date AUGUST 20, 2001

ROLL CALL:
INVOCATION: Bible Presbyterian Church
PLEDGE: Councilwoman Cooke
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Special Town Board Meeting of July 31, 2001
Special Town Board Meeting of August 4, 2001
Town Board Meeting of August 6, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. BLOCK PARTY - AMY DRIVE RESIDENTS
2. BLOCK PARTY - MARJORIE DRIVE RESIDENTS
CONSENT AGENDA
1. Minutes of Planning Board - July 9, 2001
2. NCC Law Enforcement Academy - Letter of Thanks for Recent Participation
3. Erie County Legislature - Schedule of Free Rabies Clinics
4. Michael Powers, Esq. - Request to Seneca Nation and Tonawanda Band of Senecas to Discontinue Claims against the Town of Grand Island and the Landowners
5. State Senator Brown - Support of Veterans Park Grant Application
6. Zoning Board of Appeals - Minutes of Meetings: July 5 & August 2, 2001
7. NYSDOT - Response to Resident’s Clean-up of Buckhorn Park
8. County Comptroller Naples - Pooling of Cash Balances for Investment Purposes
9. Board of Architectural Review - Minutes of Meeting: July 3, 2001
10. Niagara County and NCC - Technology Forum 2001 Program
11. Erie County - 2001 Annual Report of the Division of Real Property Tax
12. Conservation Commission - Minutes of Meeting: July 12, 2001
13. Library Board of Trustees - 2000 Annual Report of Grand Island Memorial Library
14. NYS Department of Health - Comprehensive Performance Evaluation Program of Town Water Treatment Plant
15. State Board of Real Property Services - Final State Equalization Rate for Grand Island
16. Traffic Safety Advisory Board - Minutes of Meeting July 10, 2001
17. American Revolutionary War Heritage Trail Forums in New York State
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. County of Erie Division of Finance - T-1 Data Line Installation
2. Authorization to Sign Three Grant Applications
3. Ronco - Telecommunications Equipment Maintenance Proposals
-2- 8/20/2001
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewal: Joseph Higgins 900 Ransom Road for Three (3) Horses/Conditions
PLANNING BOARD
2. Majestic Woods Subdivision Reconsider Dedicated Green Space
3. Hugill Storage 2761 Bedell Road Site Plan for Additional 1200 sq.ft.Building
4. Snyder Industries 2671 Bedell Road Site Plan for Building Addition, Additional Parking and Two (2) Tracks for Radio Controlled Cars
5. Fucillo Chevrolet 2000 Alvin Road - Revised Site Plan for Car Dealership
6. Michael Dann 1538 Baseline Road Site Plan Approval - Recreational Pond
7. Richard Kaminski 3010 Whitehaven - Request to Split Five Acre Lot (Sublot #9)
8. Niagara River Estates at Ransom & East River - Exception to Subdivision Regulations
9. Skate-Able 2979 Grand Island Boulevard Waiver of New Site Plan
TOWN ENGINEER JOHN PHILLIPS
10. Award Bid for Alt Blvd./Bush Road Water System Improvements
11. Parks Grant Application
HIGHWAY SUPERINTENDENT RAY DLUGOKINSKI
12. Request to Auction Equipment at Roy Teitsworth Inc. Auction
RECREATION ADVISORY BOARD
13. Majestic Woods Subdivision Comments
REALITY CAFÉ
14. Bids for Carpeting for Main Café Area
COMMUNICATIONS - GENERAL
MICHAEL & DIANE SUTTER
1. Purchase of Town-Owned Land
GRAND ISLAND CENTRAL SCHOOL DISTRICT
2. Request for "No Parking Signs" on Ransom Road
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Approval of Scoping Document for Supplemental EIS for Wilson Farms Project
2. Wastewater Superintendent - Authorization to Advertise for Bids CCTV Video Inspection Station
3. NYSERDA Energy Performance Contract
-3- 8/20/2001
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Charlotte Guenther Roesch
Joseph Russo


Legality of Town Board's Action Questioned

By William O'Connor
    The Grand Island Town Board drew heavy criticism at the Monday, August 13, 2001 planning board meeting. The planners voted to ask for a written legal opinion from the town's attorneys regarding the town board's recent waiver of a new site plan and parking restrictions for Skate-Able, a business which is moving to 1979 Grand Island Boulevard.
    The planners made the request after Frank Greco, a seven-year member of the planning board read a prepared statement that concluded: "In the Skate-Able case, the town board has committed an illegal act by ignoring the parking codes. That is not only my opinion, but also (the opinion of) our special consultant handling the Wilson Farms case. He stated publicly at our February meeting, that only the Zoning Board of Appeals can grant exception to Town Codes."
    "...I'm not a lawyer," said Greco. He then asked that the "town attorney provide the planning board with a written legal opinion as to the legality of ignoring the parking codes; and also, if it is legal; then by the town board ignoring the present town codes does this then invalidate the new codes when they are approved..."
    Greco said that he joined the planning board because he is a "proponent of fewer regulations and red tape, but enforcing the rules...uniformly." The latest draft copy of the new town code has "172 pages vs. 62..." in the old code, according to Greco.
    Greco and Planning Board Member John Trianda both said that they would have approved the Skate-Able project, but they feel that the order in which the proposal was handled was improper.
    "I think there's no issue here," said Supervisor Peter A. McMahon in an interview with Grand Island E-News. He added that the new location for Skate-Able has been a retail location since "I was a kid." McMahon feels that the town board has the authority to "waive the site plan requirement" as long as the use is similar and there are "no physical changes to the site." He also said that the only possible issue in this case was the number of parking spaces, and under the new code there would be more than the required amount.
    The Planning Board also:
- Re-affirmed its May 1999 recommendation for approval regarding the Majestic Woods subdivision (located East of the S-curve on Stony Point near Ransom). The proposal was subsequently approved by the town board. It seeks to protect 38 acres of wetland contained in the subdivision by using conservation easements on four lots. The wetland would then be the property of private landowners who would be unable to develop the land. Landowners would receive a tax break in return for the encumbrance. The planners recommended against the developers current proposal to deed the property to the town instead of using the easements.
- Recommended approval for a radio controlled car track and additional parking for Snyder Industries, 2671 Bedell Road. The approval is conditional on the owner's track remaining private; installation of fencing to insulate sound of the radio controlled cars; variances for set-back regulations regarding the fences; and shielding to eliminate excess glare from existing and proposed lighting.
- Recommended approval for a revised site plan for Fuccillo Chevrolet on Alvin Road. The revised plan calls for two buildings instead of one. It would allow for two dealerships on the location. The change will mean more jobs, but less inventory according to Fuccillo.
-  Discussed the special use permit for Robert Mesmer's proposed airstrip on Love Road. The proposal has "deficiencies" that still have to be addressed. When those are addressed, the proposal will subject to comment by the public and the various town boards according to Town Engineer John Phillips.
    The meeting was adjourned in memory of former Planning Board Member David Eberl, who passed away recently. Eberl served on the board for 12 years. He was very concerned with "quality in design" and "the aesthetic side of development." He was also an active member of Saint Stephen's Roman Catholic Church according to John Trianda.


National Airborne Day

Town board members (left) Kevin Rustowicz, Mike Heftka, Supervisor McMahon, Mary Cooke and Dick Crawford, recognize Airborne Veteran Joe Synakowski (third from the right).

By William O'Connor

   Airborne Veteran Joe Synakowski receives a proclamation from the Grand Island Town Board in recognition of National Airborne Day, August 16, 2001. The day commemorates the anniversary of the first official Army parachute jump on August 16, 1940. The 82nd Airborne division was organized shortly after that experiment. Grand Island resident Pfc. Charles N. DeGlopper, a member of the 82nd, received a posthumous Congressional Medal of Honor, the nation's highest award, during World War II.
   Town officials, who encourage residents to fly the airborne colors on August 16, will observe National Airborne Day by flying flags at various locations throughout the Island.


Skate Parks Rolling

By William O'Connor
   Plans are in the works for two skate boarding/roller blading facilities to be completed soon on Grand Island. The Grand Island Town Board voted during their regular meeting Monday, August 6, to approve a temporary facility to be built in Veterans Park.
   The facility may be open in less than two weeks according to Supervisor Peter A. McMahon who added that the insurance cost for the project is being negotiated and will soon be resolved. The cost for insurance will be between zero and $2,500.00 according to McMahon.
   The town's skate park will be located in the Vets Park parking lot, set off from by concrete barriers and an orange construction fence. It will feature a "wave", "launch", "breaker," and "pipe" designed and manufactured by the Sun Ramp Skateboard Company. The total cost for the project is $10,712.00.
   The town plans to use the Sun Ramp equipment for a permanent skate park in Veterans Park. That facility will be separate from the parking lot with a blacktop or concrete pad designed to be flooded during the winter for use as ice-skating rink.
   A much larger, privately owned facility is on the way to completion according to businessman Paul D. Irving. Irving's plans for a skate park were approved recently and construction has already begun. In a recent publication he indicated that he might scrap his project and not build anything if the town went ahead with a competing facility.
   Irving said the town's plans would not compete with his larger, more elaborate project, which he intends to complete in the near future. The town's proposed facility will be for beginners, "something to start at - something like they had," said Irving in an interview with Grand Island E-news.
   Grand Island's skate park was closed earlier this year, due to insurance issues. For more details about these projects, see past issues of Grand Island E-News.
   In other Town News the board:
*   Passed Local Law #6, a partial tax exemption for Gold Star Parents. A Gold Star Parent is one who has lost a child in combat during service to their country while serving a branch of the military. The exemption is based on income and similar to that which is given to veterans. The measure is "long overdue" said Airborne Veteran Joe Synakowski of Love Road who spoke in favor of the law.
-   Tabled approval of the Scoping Document for the Supplemental Environmental Impact Statement (SEIS) for the Wilson Farms Project at the corner of Ransom and Stony Point roads. Joan Arki of Ransom Road thanked the town board for meeting with the "Concerned Citizens" group last Saturday and suggested that the SEIS include a 24-hour, 7-day traffic count.
-   Received a letter from Erie County Legislature Chairman Charles M. Swanick about the project, which concluded "the method of traffic count should be by means of a 24-hour/ 7-day mechanical counter, while school is in session." McMahon said, during the workshop meeting, that the traffic study is the last outstanding issue for the SEIS.
-   Received a letter from the Niagara County Legislature refusing to support the Grand Island Town Board's Resolution tying any casino deal to Indian land claims. "It is our belief that the new Casino is to be a totally separate issue from land claims…" the letter said.
-   Received a letter from New York State Senator Byron W. Brown regarding the casino issue. Brown's letter suggested that the final casino bill should include: A bill indemnifying Grand Island residents against land claim lawsuits; greater revenues for the cities of Buffalo and Niagara Falls; and "(A) comprehensive hiring plan that stresses diversity and the hiring of city and minority residents."
   Referred to the planning board the site plan approval for tracks for radio-controlled cars, and additional parking for Snyder Industries 2671 Bedell Road.
   Council member Richard W. Crawford Jr. commented that he and others are receiving poor service at the E-Z Pass substation on Grand Island Boulevard. He suggested that the E-Z Pass Committee should be re-instated to investigate problems with that system.
   From the floor Dolly Dorazio invited everyone to Reality Café 7p.m. Friday August 10, for a "clean up, spruce up, and painting" event. For more information call 773-9600.


Town of Grand Island
Board of Ethics Formation
Date AUGUST 6, 2001 - 6:30 P.M.

   The Town of Grand Island is searching for two citizen volunteers to form a Board of Ethics. This board was recently created by local law and will meet when called upon to evaluate inquiries or charges concerning conflicts of interest with regard to town employees or elected officials. No member of the Board of Ethics may hold an officer’s position in any political party. Additional information about the Board of Ethics is available from any member of the Town Board.
   Persons interested in serving on the Board of Ethics should apply to:
   Supervisor Peter A. McMahon
   Town Hall, 2255 Baseline Road
   Letters of interest should be received by August 31, 2001.

GRAND ISLAND TOWN BOARD WORKSHOP AGENDA
Date AUGUST 6, 2001 - 6:30 P.M.

I MOTION FOR EXECUTIVE SESSION
A. Town Historian Interviews
B. Ethics Advisory Board
C. Legal Advice
II AGENDA REVIEW
A. Wilson Farms Scoping
B. Town Clerk Copier Request
C. Skateboard Facility
D. Wastewater CCTV
III NEW ITEMS
A. Zoning Conference October 7-10 - Funding
B. Anchor Marine - Letter
C. Hopkins - Special Use Conditions
D. Community Electronic Sign - Heftka Memo
E. Sesquicentennial - Support
F. Grant Applications
IV CONTINUING ITEMS
A. Re-Zoning - Final Draft/Map
B. Drainage
1. Town Wide Storm Water
2. Neighborhood
C. Erie County - 1% Sales Tax - Update
D. DeGlopper Monument
E. Pesticide Use (Sunset Law) - Town Property
F. Town Hall Signs
G. Snow Removal Complaint
H. Sign Ordinance
I. Water/Wastewater Re-Organization
V ROUNDTABLE

PUBLIC MEETING NO. 14
Date AUGUST 6, 2001

ROLL CALL:
INVOCATION: St. Timothy Lutheran Church
PLEDGE: Councilwoman Cooke
PUBLIC COMMENT - AGENDA ITEMS ONLY
PROCLAMATION: NATIONAL AIRBORNE DAY
APPROVE MINUTES: Town Board meeting of July 16, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. LOCAL LAW INTRO # 7 of 2001 - TAX EXEMPTION FOR GOLD STAR PARENTS
CONSENT AGENDA
1. Niagara County Legislature - Support of Resolving Land Issues With Seneca Nation
2. Assemblyman Hoyt - Letter to NYSDOT re: Drainage Pipe on State Property at Fix and Beaver Island Parkway
3. Legislator Swanick on Proposed Wilson Farms Project - Traffic Issues/Potential Impact on Neighborhood
4. County of Erie - Computer Recycling Drop-off Day
5. Erie County Executive Giambra - Congratulatory Letter for Town’s Assessment Staff
6. Traffic Safety Advisory Board - Minutes of Meeting of June 12, 2001
7. Conservation Commission - Minutes of Meetings May 10, & June 14, 2001
8. Safety Committee - Minutes of Meeting of June 27, 2001
9. Erie County Legislature’s Resolution on Regional Geographic Information System
10. County Comptroller - Sales Tax Revenue for July 2001
11. Preservation League of New York State Membership
12. NYS Senator Brown - Response to Town Board Resolution re Seneca’s Gaming Contract
13. Dismissal of Claim - Paul Syracuse vs. Ticor Title Insurance & Town of Grand Island
14. Revision to Contract Completion Date for Alt Blvd/Bush Road Waterline Improvements
15. Library Board of Trustees - Minutes of Meeting of March 21, 2001
16. Adelphia Cable - Discontinuance of "Adelphia Community Network"
17. Usage of Facilities and Vehicles at Golden Age Center for July 2001
18. Building Permits - Month of July 2001
19. Erie County Personnel - Annual Certification of Town Payroll
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. Supervisor’s Monthly Reports - June, July 2001
2. Skateboard Park
3. Service Agreement for Telephone Services
-2- 8/06/2001
COUNCILMAN CRAWFORD
4. Computer Network Consultant
COUNCILMAN HEFTKA
5. Niagara Mohawk Community Renaissance Award
6. Business Assistance Center Update
COUNCILMAN RUSTOWICZ
7. Town Skate Park Equipment
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Mary Ann Fairbairn 2136 Fix Road - Customary Home Occupation
B. Donald & Andrea Magro 2880 Grand Island Boulevard - Nursery/Day Care
C. Zygmunt & Anna Bieniulis 3380 Staley Road - Barn Housing Four (4) Horses
D. Robert Wakefield 2413 Staley Road - Keeping of One or More Riding Animals
TOWN ENGINEER JOHN PHILLIPS
2. Site Plan Approval - Hugill Storage at 2761 Bedell Road for Additional 1200 S.F. Building
3. Site Plan Approval - Snyder Industries 2671 Bedell Road for Building Addition,
Additional Parking and Two (2) Tracks for Radio Controlled Cars
4. Public Improvement Permit (PIP) - Island Meadows Subdivision
5. Site Plan Approval (Revised) - Fuccillo Chevrolet 2000 Alvin Road
6. Site Plan Approval - Michael Dann 1538 Baseline Road for Recreational Pond
7. Request to Split Five (5) Acre Lot at 3010 Whitehaven
TOWN ACCOUNTANT PAM WHITNEY
8. General Fund Budget Appropriation Amendments
TOWN ATTORNEY
9. Authorize Supervisor to Approve Proposed Contract for High Lift
COMMUNICATIONS - GENERAL
LAURIE YARNES
1. Request For Block Party on Amy Drive
NANCY CLIFF
2. Request for Block Party on Marjorie Drive
-3- 8/06/2001
G.GRANSON GEIS
3. Exception to Subdivision Regulations for Niagara River Estates Ransom/East River
LEO & BETTY HOPKINS
4. Request to Waive Site Plan Requirement and Remove Restrictions on Permit
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Approval of Scoping Document for Supplemental EIS Wilson Farms/Parklane Plaza Project
2. Wastewater Superintendent - Authorization to Advertise for Bids CCTV Video Inspection Station
3. NYEERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
LaVerne (MacArthur) Rossney
Emily (Kin) Papai
Kathleen Page
Leopold Helbig
Michael Keitz

 TOWN BOARD WORKSHOP
A town board workshop is scheduled for 6:30 p.m. Monday, August 6, 2001 in the Town Hall conference room.

 Guidelines For Town Branch Pick-up
 -   All branches must be no larger than 3" in diameter.
All branches must be piled as neatly as possible with all cut ends facing the road, piled as close to road as safety permits, approximately waist high. This enables crews to pick them up quicker and easier.
-   This service is available for reasonable and routine homeowner tree trimming only. This does not include trimming trees in wooded areas behind homes. The town does not clear or extend lots for builders or private owners. -   The town will not go on private property. Please do not request town employees to do so.
-   BRANCHES MUST BE FREE OF ROOTS AND DIRT. The down does not pick up rocks, stumps, leaves, lawn sweepings, twigs, vines, rubbish etc. Please do not put them out with branches. The town will not pick them up and they pose a great danger to the employees and equipment.
   To receive this service, call the Highway Department at 773-9632 or 773-9633 from 8 a.m. to 4 p.m. Monday through Friday. Highway Superintendent Ray Dlugokinski reminds residents that his department tries to perform this service in a timely manner, but the department has limited resources and employees. He, therefore, asks for everyone's co-operation in following the guidelines.

 McMahon Urges Action in Washington
By William O'Connor
    Grand Island Supervisor Peter A. McMahon met with leaders in Washington last Thursday and Friday, July 19 - 20, to encourage US Attorney General John D. Ashcroft to remove individual property owners from the Seneca land claim case.
   The trip was arranged to mark the six-month anniversary of a promise made by the Clinton Administration Justice Department to drop their claims against private landowners in the case.
   In Washington, McMahon and Town Attorney Peter Godfrey met with US Senators Charles E. Schumer and Hillary Rodham Clinton, and Congressman John J. LaFalce. McMahon and Godfrey then drafted a letter, which was signed by all three representatives, urging Ashcroft to "formalize" the Department of Justice position removing the landowners "in papers filed with the court."
   The delay in the department's removal of landowners from the suit may be due to the change of administrations according to McMahon. He added that the case might not be as important to the people in Washington as it is to the people in the "kitchens and living rooms of Grand Island."
   McMahon planned to meet with Governor George E. Pataki on Friday regarding the issue, flying directly from Washington to Albany. The Governor could not meet McMahon on Friday due to a scheduling conflict. McMahon did not make the trip, returning home instead.
   Pataki has indicated that he will sign a similar letter to President George W. Bush regarding the case, during his next visit to Western New York. Erie County Executive Joel A. Giambra indicated that he would also sign the letter.

Zoning Board Hearings Set
    The Town Zoning Board of Appeals has scheduled a number of public hearings for 7 p.m. August 2, 2001 to consider variances requested by Island property owners. The public is invited to speak for or against.
    Hearings will air requests for appeals for the following:
    - David and Brooke Tompkins for a variance to permit the construction of an overhang on the new main entance to a residence with less side yard setback than required at 279 Forest Creek Lane
    - David and Cynthia Cady for a variance to permit the construction of a single-family dwelling with height in excess of 30' at 279 Forest Creek Lane
    - Grand Island VFW Post No. 9249 for a variance to permit the installation of a sign with less front yard setback than required at 2121 Grand Island Boulevard
    - Jeffrey Beich for a variance to permit the construction of an addition with less side yard setback than required at 1055 West River Road; Allen Prame for a variance to permit the construction of a deck with less side yard set back than required at 2007 West River Road
    - Louise Mikolajek for a variance to permit the construction of a porch with less front yard setback than required at 90 Schwegler Road
    - James Benns for a variance to permit the construction of a porch with less front yard setback than required at 3361 Greenway Road.

 TOWN OF GRAND ISLAND
Vacancy On Zoning Board of Appeals
    The Zoning Board of Appeals meets the first Thursday of every month. Volunteer members interpret zoning laws and grant variances when warranted. Members are appointed by the Town Board and serve five-year terms. An ability to evaluate facts without prejudice, knowledge of or willingness to learn State law and Town ordinances are required. Zoning Board of Appeals members are required to attend training courses. Interested persons should apply in writing to Town Supervisor Peter A. McMahon, 2255 Baseline Road, Grand Island, New York. Responses received by August 10th, 2001 will be considered. Please include any relevant experience or training in the reply. For more information, contact any member of the Town Board.

Special Town Board Meeting
    The Town Board will meet at 2:00 p.m. on Tuesday, July 31, 2001, in the Town Hall Conference Room. The Agenda is as follows:
   1. Motion for Executive Session
      A. Miscellaneous Tax Assessment Issues - Legal Advice
   2. Mesmer Airstrip - DEIS
   3. Skateboard Facility @ Veterans Park
   The Town Clerk is hereby requested to Post this meeting and notify the media.

Skate Park On Hold
   Members of the Grand Island Town Board, at the Monday, July 16, 2001 meeting, heard Paul D. Irving report to the board that he will not build his private skate park if the Town of Grand Island proceeds with plans for a skateboarders park that would also include in-line skating and ice skating.
   A modest skate park, set up last year by the town behind the Grand Island Memorial Library, was dismantled this year due to insurance costs. Recreation Director Linda Tufillaro, in a report to town board members on the proposed town skate park, gave a suggested cost of $113,131 to cover skating pad construction, fencing equipment and supervision at the park. The town has found an insurance carrier for the proposed, large scale facility. Tufillaro's report will be reviewed by board members at a later date.

Town of Grand Island
Planning Board Opening
   The Town of Grand Island has one opening on the Planning Board. This Board reviews all applications for site plans, proposed subdivisions, special use permits and zoning changes. Anyone interested in consideration for this unpaid Advisory Board position should reply in writing to Town Supervisor Peter A. McMahon, 2255 Baseline Road. Letters should include any relevant experience or education and must be received on or before August 3, 2001. For additional information contact any member of the Town Board.

Town Board Agenda - July 16, 2001

PUBLIC MEETING NO. 13 Date: JULY 16, 2001 
ROLL CALL:
INVOCATION: Whitehaven Road Baptist Church
PLEDGE: Councilman Rustowicz
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Special Town Board Meeting of June 27, 2001
Town Board Meeting of July 2, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. Application for Block Party - Woodstream Meadows Residents
CONSENT AGENDA
1. Building Permits - June 2001
2. Board of Architectural Review - Minutes of Meeting June 5, 2001
3. Zoning Board of Appeals - Minutes of Meetings: June 7 & July 5,2001
4. Reply from the State Board of Real Property Services Re State
Equalization Rate for 2001 Assessment Roll
5. Household Hazardous Waste Drop-off Day - July 21, 2001, at County 
Highway Garage in Tonawanda
6. NYSDEC Notice of Application - Paul Swain, 1786 East River Road, 
Grading with fill and topsoil along a 60-foot-long section of Riverbank
7. Golden Age Center - Usage of Vehicles and Facilities for June 2001
8. Greater Buffalo/Niagara Regional Transportation Council - TEA- 21
Transportation Enhancement Program
9. Planning Board - Minutes of Meeting: June 11, 2001
10. Mercy Flight Western New York ôHere For You, Thanks to Youö Billboard
11. 2001 New York State GovernorÆs Waterfront ReDiscovery Awards
12. Grand Island Lions Club 43rd Annual Special ChildrenÆs Picnic
13. Code Enforcement Reports
COMMUNICATIONS û TOWN BOARD
SUPERVISOR McMAHON
1. Local Law Intro No. 7 of 2001 - ôGold Star Parentsö Exemption
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewal: National Fuel Gas Supply Corp. for Natural Gas
Regulator/Metering Station at 1589 Stony Point Road
2. Local Government Records Management Improvement Fund - Grant Award of $12,000.
PLANNING BOARD
3. Site Plan Approval - Golf Course Restroom Facilities, 201 Whitehaven Rd.
4. Final Plan Approval - Island Meadows Subdivision (formerly Downsview Acres/Sec 3)
5. Waiver of Subdivision Regulations - Dan Drexelius, 1149 Whitehaven (two requests)
6. Site Plan Approval - Island Marine, 1080 East River, for Storage Building
TOWN ENGINEER JOHN PHILLIPS
7. Authorize Traffic Consultant for Wilson Farms SEIS
8. Authorization to Advertise for Bids - Alt Blvd. Water System Improvements and
Highway Resurfacing
9. Approval of Scoping Document for Supplemental EIS - Wilson Farms/Parklane Plaza
Project
10. Award Bid - Duplex Area Sewer Improvements
TOWN ENGINEER & HIGHWAY SUPERINTENDENT
11. Award Bid for Bituminous Resurfacing of Various Town Roads
ZONING OFFICER JOHN McCARTHY
12. Site Plan Waiver for 2320 Grand Island Boulevard
TOWN ATTORNEY PETER GODFREY
13. Road Dedication - Independence Drive
COMMUNICATIONS - GENERAL
SKATE-ABLE
1. Request for Waiver of Site Plan at 1736 Grand Island Boulevard,
GRAND-CAT, LLC
2. Communication Regarding Skatepark at Veterans Park
PRATT & HUGH ASSOCIATES, LLP
3. Majestic Woods Subdivision
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Wastewater Superintendent - Authorization to Advertise for Bids,  CCTV Video
Inspection Station
2. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Frank E. Scheuing
Grace Augusta (Neubauer) Gaul
Kathleen N. (Neissel) Pinkow
Harold Barth


Planners Approve
East River Storage Building

By William O'Connor
   Grand Island Planning Board members at their July 10, 2001, meeting recommended approval of a 60 by 100 foot boat storage building at the corner of Broadway and East River Road. Site plan approval for the building had been on hold since last December, due to the Board's requirement that Island Marine, the property owner, tie the property's deed to its business, which is across the road on East River. The move encumbered the sale of the property as a separate parcel.
   The Board required this to prevent the property from being sold and later used in a manner that may be out of character with the surrounding residential neighborhood. Planners also requested revision, including more landscaping, setbacks, and fences.
   According to the owners, the building will be used for boat storage only.
   Approval was recommended for the Island Meadows subdivision near the intersection of Bedell and Stony Point Roads. The Board recommended that the name Old Carriage House Lane be used instead of Island Meadows, due to the use of the word "meadow" in several Island road names. The measure may avoid confusion regarding response of emergency vehicles. Granson Geis of Stony Point Road requested the change.
   Approval was also recommended for bathroom facilities near the 12th hole at the River Oaks Golf Course, 201 Whitehaven Road.
   Denial of approval was recommended for a waiver of subdivision regulations for 1149 Whitehaven Road, a property owned by Daniel Drexelius. The Board acted on the advice of Town Attorney Daniel Spitzer. The proposal would have created a non-conforming trapezoidal lot with no road frontage. Planners voted unanimously to pass along Spitzer's recommendation to tie that parcel to another property owned by Drexelius.

Business Incubator Planned

By William O'Connor
   Helping to get businesses off the ground and revitalizing the Town center are the goals of a project being advanced by the Grand Island Supervisor's Committee for Economic Development. The Committee, comprised of local business leaders, met Tuesday, July 10, with Erie County Legislator Charles Swanick and Grand Island Council Members Richard Crawford, Jr., and Michael Heftka to discuss funding for their project, the Grand Island Business Assistance Center.
   The project, to be located near the Town Hall on Grand Island Boulevard, possibly in the old Doolies building, will be a small business incubator in the Town center. It will provide a good low-cost location for businesses, low-interest loans, shared services, and technical assistance.
   Target clients for the project will be start-up or home-based businesses with two to five employees. "It is estimated that there are more than 500 home-based businesses on Grand Island…" So far "six individuals have expressed an interest in locating a business in the incubator," according to the project market analysis.
   The business center will be a non-profit organization with start-up costs to be provided by a mix of public and private funds. Thus far, the Town and State have committed $20,000 to the project, and more funding may be supplied from the 2002 County budget, according to Legislator Swanick.
   Clients will be provided with a low-rent (less than $325 per month) office, complete with furniture, phones, and Internet access. They will also receive technical assistance and the shared use of a conference room, light cleaning service, receptionist service, a copier and a fax machine.
   There are more than 800 incubators in the U.S., up from 12 in 1980. The average business stays in an incubator for two to three years, according to the National Business Incubation Association.
   Business incubation programs have been highly successful, according to recent university studies. "(T)he return on public investment (is) $4.96 for every $1 of public operating subsidies," according to Larry Molnar, a university Professor. "A reported 87 percent of incubated companies that fulfilled program graduation requirements are still in business," and 84 percent of those businesses stay in their community, according to the study. The average start-up business in the U.S. has a 20-percent success rate.

Good Legal News
Town Board Report

By William O'Connor
   Two lawsuits that Grand Island Supervisor Peter A. McMahon described as being "both favorable, but neither directly applicable" to the Grand Island Seneca Land Claim were discussed at the town board workshop meeting on Monday, July 2, 2001.
   The first case was recently decided in favor of New York State against the Mohawk Nation. A motion for dismissal in that case was accepted by Federal Judge Neil McCurn who ruled that the issue had been "fully litigated" in previous cases. A case similar to the Seneca-Grand Island claim was litigated during the late 1970's.
   In the 70's, the United States Department of Justice (DOJ) argued successfully that the two Seneca tribes had no claim to the Islands in the Niagara. Today the DOJ is arguing that the two Seneca tribes do have a claim.
   Recently, Erie County Department of Law sent a letter to the town about a US Supreme Court case between New Hampshire and Maine. The case strongly affirms the doctrine of Judicial Estoppel. The letter says: "The Doctrine of Judicial Estoppel holds that a party cannot take positions contrary to positions it took in prior legal disputes. This case from the Supreme Court strongly backs our position,"
   The board also discussed the status of the town's Skate Park, which appears to be on hold, at least until the end of the summer. Re-opening the park would cost the town approximately $40,000 including $2,500 in additional insurance, $20,000 in vendor-supplied ramps, fencing, and signage explaining proper equipment and use of the park. It will also take a good deal of time to get everything in place. The board referred the project to the Recreation Department for further consideration.
   A Public Hearing was held for final plat approval of Island Meadows Subdivision (formerly Downsview Acres-section 3) near the corner of Bedell and Stony Point. Two people spoke against the project. Becky Ross of Regency Drive said that work on the project is causing severe flooding in her yard. James Graziano of Jamestown Road was concerned that the project would increase traffic in the area.
   G. Granson Geis of Stony Point Road advised the town that the proposed name changes in the project might cause confusion for emergency vehicles. The town board referred the issue to the planning board.
   In other news the Town Board:
   -Received a Petition with 26 signatures outlining some of the negative effects of commercial pesticides. The petition, asking that "the Town of Grand Island pass a Pesticide Sunset Ordinance similar to those in the City of Buffalo and West Seneca," was referred to the Environmental Conservation Commission with instructions that they make a recommendation about the ordinance by the end of the year.
   - Tabled a request from Wastewater Superintendent Wayne T. Clinton to authorize bids for closed-circuit television equipment designed to inspect sewers.
    -Authorized advertising to fill a vacancy on the planning board. David Eberl resigned his post on the board due to personal reasons.
    Received a letter from Alt Boulevard resident Paul McKenna regarding damage caused by snowmobiles to three driveways on his street. The board referred the letter to Town Attorney Daniel Spitzer.
    -Received a letter from Milton Sutter of Wallace Drive requesting that the town help him stop "the drunks" who "dispose of their cans and bottles" in the Buckhorn Park area. The board referred his letter to the NYS Departments of Parks and Transportation.

PUBLIC MEETING NO. 12 Date JULY 2, 2001

ROLL CALL:
INVOCATION: Trinity United Methodist Church
PLEDGE: Councilman Heftka
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Special Town Board Meeting May 31, 2001
Town Board Meeting of June 18, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. FINAL PLAT APPROVAL - ISLAND MEADOWS SUBDIVISION (FORMERLY DOWNSVIEWACRES SECTION 3)
CONSENT AGENDA
1. USA Niagara Development Corporation - Request for Expressions of Interest (RFEI)
2. Judge McCurn’s Recent Decision in the Mohawk Land Claim
3. Adelphia Cable - Rate Adjustments for Equipment and Installation Services
4. Assessor’s 2001 Final Assessment Roll
5. Apportioned Mortgage Tax for the Town of Grand Island
6. Voice Stream Wireless Collocation on AT&T Grand Island Monopole
7. Safety Committee - Minutes of Meeting May 30, 2001
8. County Attorney - Supreme Court Decision of New Hampshire vs. Maine
9. New York State Thruway Authority - 2000 Bridge Inspection Report
10. Greater Buffalo-Niagara Regional Transportation Council - Statewide Ban of Hand Held Cellular Telephones by Drivers
11. US Department of Agriculture - Farmland Protection Grants
12. NYSDEC - Completed Application for Pond at 2176 Staley Road
13. SUNY Environmental Science & Forestry College - Workshop on Revitalizing Waterfronts
14. Niagara Mohawk - Undergrounding Electric Service
15. County Comptroller - Sales Tax Revenue for June 2001
16. Summer Outdoor Band Concerts at Town Common Gazebo
17. Community Enrichment Council - Update for May 2001
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. Inter-Government Agreement Between Erie County Department of Health & Town of Grand Island - West Nile Virus
2. Skylighters of Western New York Contract
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Thomas & Helen Tomkinson 2375 Staley Road - Keeping Two (2) Miniature Horses/10.4 Acres
B. Mark Zarbo 2665 Grand Island Blvd. Hotel/Motel/Restaurant/Business Offices
C. Thomas Thompson 2487 Long Road - Two Horses on Three Acres
D. Sandy Beach Yacht Club 1851 Winter Road - Parking Lot
TOWN ENGINEER JOHN PHILLIPS
2. Authorization to Attend APWA International Public Works Conference
HIGHWAY SUPERINTENDENT RAY DLUGOKINSKI
3. Summer Help Hire
WASTEWATER SUPERINTENDENT WAYNE CLINTON
4. Authorization to Advertise for Bids - CCTV Video Inspection System
TOWN ATTORNEY PETER GODFREY
5. Excavation/Grading Activities at 2885 Whitehaven Road
6. Heritage Christian Homes Pilot Agreement Request
ENRICHMENT & REFERRAL CENTER
7. Parenting Classes
COMMUNICATIONS - GENERAL
PAUL McKENNA
1. Snowmobile Property Damage
DAVID EBERL
2. Resignation from Planning Board
DAN DREXELIUS 3. Waiver of Subdivision Regulations 1149 Whitehaven
WOODSTREAM MEADOWS RESIDENTS
4. Request for Block Party
WILLIAM D. O’CONNOR
5. Proposed Pesticide Sunset Ordinance
MILTON SUTTER
6. Spring Cleanup through Buckhorn State Park
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Eleanor A. ( Oliverio) DiPietro
Robin M. (Newcomer) Itani

Wilson Farms Scope

By William O'Connor

   The Grand Island Town Board took comments from the public regarding the environmental impacts of the proposed Wilson Farms gas station and convenience store at Ransom and Stony Point Roads during a relatively brief Scoping session Wednesday, June 27, at the Golden Age Center. Twenty-five people attended the meeting, which lasted just over half an hour. Only five people spoke regarding the project.
   Supervisor Peter A. McMahon advised the audience that only new information regarding changes in the project since the 1994 Final Environmental Impact Statement (FEIS) would be accepted and that they need not repeat anything which had already been submitted. A five-page summary of the topics for the Supplemental Environmental Impact Statement (SEIS) was available at the door.
   The developers, Tops Supermarkets, Inc., and Parkland Enterprises, Inc., did not comment. They refined their project for the past several months and have contended that a SEIS and scoping are unnecessary.
   Three people from the "Concerned Citizens" group presented a six-page letter criticizing the town's draft SEIS.
   The SEIS cannot be limited to "just the store"; the town must consider all changes to the "entire 16-acre site" and consider the "cumulative impacts" to avoid "segmentation," said Concerned Citizen Joan Arki. She concluded that the town should "go back to the developer" and ask what he intends to do with the property.
    "The aesthetics of a gasoline canopy does not fit into the character of the neighborhood," said Concerned Citizen Jennifer Dzielski. She also criticized the town for allowing the store to have a flat roof, instead of a gabled roof, which she feels would be more in character with the surrounding neighborhood. The town required the approved day care center in the same development to have a gabled roof.
   Dzielski also suggested that the town's proposed traffic study was inadequate. The "traffic study must include a traffic volume warrant analysis and a 7-day tube count," using a mechanical device and factoring the effects of the future developments on the parcel, the gas pumps, and events at the High School (like football games and others, according to Dzielski.
   The project's sidewalks "end at their property lines. There would be no way that pedestrians could access these sidewalks without walking in the roads… We ask that a mitigation measure be established requiring the sponsor to install all sidewalks along the entire length of their property…," said Concerned Citizen Kim Tetreault. She added that sidewalks are needed from the project to the nearby Town Library and Veterans Park.
   Tetreault also said that the effects of a potential "catastrophic" gasoline spill with "irreversible" effects must be considered as part of a "cost-benefit analysis."

SPECIAL TOWN BOARD MEETING

FOR THE SOLE PURPOSE OF CONSIDERING
THE PROPOSED RESOLUTION
REGARDING THE PROPOSED GAMING COMPACT BETWEEN THE STATE OF NEW YORK AND THE SENECA INDIAN NATION
6:45 P.M. WEDNESDAY, JUNE 27, 2001
SENIOR CITIZENS CENTER
3278 WHITEHAVEN ROAD
GRAND ISLAND, NY

Skate Park Approved

By William O'Connor

   A privately owned park designed for youth skateboarding activities was approved 5-0 at the Monday, June 18, Town Board meeting. The park will be located directly south of Tops Supermarket on Grand Island Boulevard. "We're looking to include everybody," said park Owner Paul Irving in an interview with Grand Island e-News. Irving indicated that activities in the 1.25-acre park will include the use of all types of wheeled sports equipment, including roller blades, skateboards, scooters, and bicycles.
   The approval is contingent upon the Erie County Health Department's acceptance of the project's septic system and the planting of evergreens on the south side of the property (as a noise and site barrier).
   When the project was first introduced in early April, neighbors Dennis M. and Deborah J. Hutzler raised concerns about how noise and activity at the project would affect their home and business (Heatherstone Kennel). To mitigate these concerns, the Planning Board required Irving to install a slatted fence, landscaping, and "pin point"-directed lighting and also to regulate noise levels from the park's public address system. Irving called the mitigation measures "expensive.encumbrances," due to the fact the property between his and the kennel's is heavily wooded. He is negotiating with the town regarding some of the landscaping details, but he indicated that he is dedicated to the project's completion.
   Zoning Officer John McCarthy went with Irving on Saturday, May 26, to investigate the noise at Skate World Park, a similar facility on Niagara Falls Boulevard in Wheatfield. Coincidentally, the park is next door to a kennel. In his report to the Planning Board, McCarthy noted that noise from the park was less than the noise generated from Niagara Falls Boulevard. "I don't think that any noise coming from the skate park affected the dogs," the report said.
   The new park will be open from 10 a.m. to 10 p.m. during the summer and will feature a series of specially designed wooden ramps and jumps. It will have a maximum capacity of 150 people.
In other business the Town Board:
   -Approved a resolution requiring all code enforcement employees, including the Building Inspector, Zoning Officer, Fire Inspector, and Plumbing Inspector, to provide the Town Board a status report on the 15th of each month regarding code enforcement proceedings.
   -Tabled a request from Parkland Development for an exception to subdivision regulations. Parkland wishes to sell a 220x260 foot parcel at the northeast corner of Ransom and Stony Point Roads to Tops Markets, Inc., for a proposed gas station and convenience store. A public scoping hearing regarding the project is scheduled for 7 p.m. Wednesday, June 27, in the Golden Age Center on Whitehaven Road.

PUBLIC MEETING NO. 11 Date: JUNE 18, 2001

ROLL CALL:
INVOCATION: St. Martin-In-The-Fields
PLEDGE: Councilman Crawford
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board meeting of June 4, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. BOND RESOLUTION - WATER DISTRICT IMPROVEMENTS/ALT BOULEVARD AND BUSH ROADS
2. BOND RESOLUTION - SEWER DISTRICT IMPROVEMENTS/DUPLEX AREA
3. BOND RESOLUTION - RESURFACING ALT BOULEVARD BETWEEN WEST RIVER AND FIX ROADS
CONSENT AGENDA
1. U. S. Fish & Wildlife Service - Open House July 27 and 28, 2001
2. Erie County Soil & Water Conservation District Conference
3. County Commissioner of Department of Environment & Planning- Profiles of General
Demographic Characteristics 2000
4. North American Wetlands Conservation Appraisal Review - 203.5 Acres/Ransom Road
5. Erie County Division of Budget, Management & Finance - Final Tax Roll 2001 School
6. Adelphia Cable - Latest Newsletter (Adelphia Connection)
7. Golden Age Center - Usage of Vehicles & Facilities for May 2001
8. Board of Architectural Review - Minutes of Meeting: May 1, 2001
9. Building Permits - May 2001
10. Zoning Board of Appeals - Minutes of Meeting: May 3, 2001
11. Planning Board - Minutes of Meeting: May 14, 2001
12. FEMA Payment - Wastewater Treatment Plant
13. Seneca Indian Land Claims - Re-assigned Assistant County Attorney
14. NYS Thruway Authority - New Overlook on West River Parkway
15. County Executive Giambra - Correspondence re: Seneca Nation of Indians v. New York
16. Traffic Safety Advisory Board - Minutes of Meetings: April 10 and May 8, 2001
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. Supervisor’s Report - May 2001
COUNCILMAN HEFTKA
2. Code Enforcement Process
3. Authorize Purchase of Lawn Maintenance Equipment for Recreation Department
COMMUNICATIONS - OTHER OFFICIALS
PLANNING BOARD
1. Wilson Farms Market, 1441 Ransom - Exception to Subdivision Regulations
2. Vitello Vending, 124 Industrial Drive - Site Plan/Proposed 2400 sq. ft. Building
3. Skate Park 2090-2094 Grand Island Blvd. - Site Plan Approval
TOWN ENGINEER JOHN PHILLIPS
4. Golf Course Restroom Facilities, 201 Whitehaven - Site Plan Approval
5. Island Meadows Subdivision formerly (Downsview) - Final Plat Approval
6. Advertise for Bids - Sanitary Sewer Improvements in Duplex Area
HIGHWAY SUPERINTENDENT & TOWN ENGINEER
7. 2001 Highway Resurfacing Program - Advertise for Bids
FIRE INSPECTOR KEVIN KOCH
8. Fantasy Island - Request for Fireworks Permit
ENRICHMENT & REFERRAL CENTER
9. Memorandum of Understanding - Town of Grand Island/GIFTS
COMMUNICATIONS - GENERAL
REG SCHOPP
1. Waving of the Site Plan Requirement - 1869 Whitehaven Road
CONCERNED CITIZENS OF GRAND ISLAND
2. Parkland Enterprises, Inc. - Supplemental Environmental Impact Statement
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. NYSERDA Energy Performance Contract
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Marion G. (DeGlopper) Coates
Ruth S. (Olsen) Eldredge
Paulette Vanderbles
Joyce B. Dannels

TOWN BOARD WORKSHOP
6:30 p.m. Monday, June 18, 2001
Town Hall Conference Room

SEIS Ordered for Wilson Farms Project

By William O'Connor

   During the Monday, June 4, meeting, most of the audience of more than 100 people applauded as the Grand Island Town Board ordered a Supplemental Environmental Impact Statement for the proposed Wilson Farms convenience store and gas station at the corner of Ransom and Stony Point Roads. The decision to order the SEIS was seen as a victory by opponents of the project who formed the group "Concerned Citizens."
   The decision is the culmination of five months of sometimes contentious debate between the developers (Parkland Enterprises and Tops Markets, Inc.), Concerned Citizens, the Planning Board, Zoning Board, and Town Board.
   The developers have asserted that further studies (at their expense) are an unnecessary burden because the land has been zoned for commercial use since 1972, a Final Environmental Impact Statement (FEIS) was accepted by the Town Board in 1995, and traffic studies, conducted in the spring of this year, bore out projections in that study.
   Traffic in the area is "pretty darn close" to the "1,435 additional car threshold" triggering the requirement for another study, said Concerned Citizen Kim Tetreault. She pointed out that 1,200 to 1,300 more cars were already using the intersection, and current studies do not factor in the effect of the proposed Wilson Farms and a day care center (which has been approved, but not built).
    "I'm tired of this," said Concerned Citizen Eileen Cobello, who concluded that, based on a traffic accident study, the town should do a "new extensive traffic study."
   Tetreault and Cobello argued the need for more studies based on the fact that the 1995 FEIS did not include: the effects of gasoline storage, delivery, and dispensation; the traffic generated by all of the site's proposed developments (the 1995 study was based on one large commercial development); and the possible negative effects the development may have on the character of the neighborhood.
   Tetreault also said that the EIS should include "scoping," which opens the project to study by town, state, federal, and county agencies.
   Five others spoke out against the project during the meeting.
   The Board voted 4 -1 in favor of the SEIS which would include studying traffic and the possible need for a signal, the "cumulative impact of a number of smaller impacts," and the effect that "fuel dispensing operations" would have on the community. The resolution was amended to include scoping. Supervisor Peter A. McMahon and Council Members Richard W. Crawford Jr., Michael E. Heftka, and Kevin M. Rustowicz voted for it, while Council Member Mary S. Cooke voted against it.
   The Town Board met behind closed doors with Special Counsel John J. Ottaviano before the meeting. After the vote, each member voting for the SEIS spoke about the project and the need to balance the concerns of the neighbors with the property rights of the developer.
    "Public scoping will get us no further than we are now…. We have accomplished nothing," said Cooke, justifying her dissenting vote.
    A public hearing about the proposal was held Thursday, May 31, in the Grand Island High School Auditorium. More than 180 people attended that meeting, which lasted more than two-and-one-half hours. Eighteen people spoke against the project, and four spoke in favor.
   The Concerned Citizens Group has collected more than 900 signatures on a petition regarding the project. They have hired a lawyer and threatened to sue the Town and boycott Tops if the plan is approved.
   The developers expressed their desire to work with the community and to continue the project in a "diligent manner."
   At the close of the Monday meeting, Tetreault thanked the board members that voted for the SEIS "on behalf of the Concerned Citizens," and told Cooke, "I'll see you in November."
   In other business, the Board:
   -Voted 4 - 1 for Local Law #5, to appoint an alternate member to the Zoning Board of Appeals. Council member Rustowicz voted against the bill.
   -Approved hearings for road, water, and sewer improvements in the Duplex area and on Alt Blvd.
   -Received notice from Erie County that the Town will be reimbursed in the amount of $1,564.73 by the state and federal government for last winter's emergency snow removal on county roads.
   -In a related matter, Highway Superintendent Raymond F. Dlugokinski stated in a memo that American Road Salt came to an agreement to reimburse the Highway Department the sum of $8,097.28 to cover the cost the Town had to pay to another, higher-priced supplier. The severity of the 2000-2001 winter made it impossible for American Rock Salt to honor its contract to supply the Town's needs.
   Supervisor McMahon announced that the Board would hold a Workshop Meeting at 6:30 p.m. Wednesday, to "catch up" on the Town's "other business." Apparently the Wilson Farms issue has consumed a great deal of the Board's time, not allowing them to deal with the "other business."

Safety First


William O'Connor photo

Grand Island Supervisor Peter McMahon congratulates Charles Berlinger, Jr., on behalf of the Grand Island Safety Committee, for receiving a statewide award from the New York State Public Employee Risk Management Association (PERMA). The committee is comprised of Grand Island employees representing each of the Town's departments. They have made “program changes resulting in significant improvement in loss ratio, annual evaluation score or accident frequency and severity from the previous year,” according to the award.

PUBLIC MEETING NO. 10 Date: JUNE 4, 2001

ROLL CALL:
INVOCATION: St. Stephen’s Roman Catholic Church
PLEDGE: Councilwoman Cooke
PUBLIC COMMENT - AGENDA ITEMS ONLY
APPROVE MINUTES: Town Board Meeting of May 21, 2001
SAFETY RECOGNITION AWARD
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M. NONE
CONSENT AGENDA
1. NYS Department of Environmental Conservation - Family Fishing Day Clinics
2. Minutes - Safety Committee Meeting of April 25, 2001
3. State Board of Real Property Services - Final Special Franchise Assessments
4. New CDBG Low/Moderate Income Eligibility Guidelines and Income Surveys
5. U.S. Department of Commerce - Demographic Characteristics: Census 2000
6. Erie County Comptroller - Apportionment and Distribution of Sales Tax Revenue
7. NYS Emergency Management Office -"Routine Stream Maintenance"
8. Erie County Department of Public Works - Reimbursement from FEMA/SEMO
9. State Coastal Resources - Revision of the Local Waterfront Revitalization Program for Grand Island
10. Hodgson Russ LLP - Variance for Island Marine
11. Community Enrichment Council - Minutes of Meeting May 17, 2001
12. Fiddler & Co. - Management Letter/Financial Report for the Year 2000
COMMUNICATIONS – TOWN BOARD
COUNCILMAN RUSTOWICZ
1. Report from Sidewalk/Bikepath Committee - Request for Waiver of Sidewalks at Spicer Creek Townhouses
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Cingular Wireless - Cellular Antenna on Carl Road Water Tower
B. David & Laurie Williams, 2175 Staley Road - Agricultural/Keeping up to Three
(3) Horses
C. David D. Fisher, 2919 Staley Road - One (1) Equine Animal on 16 Acres
HIGHWAY SUPERINTENDENT RAY DLUGOKINSKI
2. Payment Change for HiLift Loader
3. Reimbursement for Road Salt
4. Road Striping -2- 6-04-2001
5. Award Bid for 1986 Fiat Allis Loader
ENRICHMENT & REFERRAL CENTER
6. Appointment of Reality Café Recreation Leader
TOWN COUNSEL PETER GODFREY
7. Order Calling Public Hearing - Alt Blvd./Bush Roads Water System Improvements
8. Order Calling Public Hearing - Duplex Area Sanitary Sewer Improvements
9. Order Calling Public Hearing - Alt Boulevard Resurfacing from West River to Fix
TOWN ENGINEER JOHN PHILLIPS
10. Site Plan Approval - Vitello Vending, 124 Industrial Drive
RECREATION DIRECTOR LINDA TUFILLARO
11. Summer Hire
COMMUNICATIONS - GENERAL
GRAND ISLAND CHAMBER OF COMMERCE
1. 2001 Island Treasures Festival
MARLA DePAN BROWN, Esq.
2. Parkland Enterprises, Inc., Regarding Wilson Farms Site Plan Application
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Local Law Intro # 6 of 2001 - Alternate Member of Zoning Board of Appeals
2. Wilson Farms, 1441 Ransom Road - Exception to Subdivision Regulations & Site Plan
Approval for Convenience Store
3. Erie County Electric Consortium
4. NYSERDA Energy Performance Contract
5. Councilman Rustowicz - Request for Full SEQR Review for Wilson Farms Project
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Mary Ruth (Knickerbocker) Gross Marlin
Vernon H. Stewart
William J. Costello

Board of Ethics Forming

   Supervisor Peter A. McMahon is searching for five citizen volunteers to form a Board of Ethics. This Board was recently authorized by local law and will meet when called upon to evaluate inquiries or charges concerning conflicts of interest with regard to town employees or elected officials. No member of the Board of Ethics may hold an officer's position in any political party, and no more than two members of the Board may be affiliated with the same political party.
   Additional information about the Board of Ethics is available from any member of the Town Board.
   Persons interested in serving on the Board of Ethics should apply to:
Supervisor Peter A. McMahon
Town Hall, 2255 Baseline Road
   Letters of interest should be received by June 15, 2001, to be considered.

TOWN BOARD WORKSHOP
6:30 p.m. Monday, June 4, 2001
Town Hall Conference Room

I   MOTION FOR EXECUTIVE SESSION

A.   Personnel Issues
B.   Assessment Challenges - Legal Advice
C.   Code Enforcement - Legal Advice
D.   Grant Consultant - Set Interview Date

II   AGENDA REVIEW

A.   Electrical Co-Op
B.   NYSERDA Energy Performance Contact

III   NEW BUSINESS

A.   Emergency Email Address - GICSD/GI
B.   Dog Control
1.   Update
2.   Brochure (proposed)
C.   Copier - Town Clerk’s Office
D.   Town Doorknob Hangers
E.   Town Attorney Memo (regarding Speed Limit Authorization)
F.   Bulletproof Vest - GIPD
G.   Tops - Baseline Entrance - Update
H.   Veterans Park - Recreation Center
I.   Veterans Exemption - Gold Star Mothers
J.   Local Law Intro#6 Alternate Member ZBA
K.   Erie County 1% Sales Tax Update - Memo
L.   Skateboard Park
M.   Snowplow Complaint
N.   Town Historian
O.   Youth Court Memo - Boys & Girls Club
P.   Drainage
1.   Town Wide Drainage (Storm Water Plan)
2.   Neighborhood
Q.   2001 Budget Amend - Computers
R.   2002 Sesquicentennial - Support
S.   Safety Inspection

IV   CONTINUING ITEMS

A.   DeGlopper Monument - Update Honor Roll
B.   Rezoning - Final Draft
1.   R1 vs. R1A
C.   Code Enforcement - Re-Organization D.   Pesticide Use on Town Property
E.   Town Hall Signs
F.   Sign Ordinance - Revise
G.   Water/Wastewater Re-Organization

V   ROUNDTABLE

VI   FUTURE BOARD MEETING (s)

A.   Wednesday, June 6th - 6:30 p.m. - Workshop Agenda
B.   Monday, June 18th - 6:30 p.m. - Workshop Agenda
C.   Monday, June 18th - 8:00 p.m. - Regular Meeting

Town Board Report - Monday, May 21, 2001

By William O'Connor
   After hearing from Special Council John J. Ottaviano during the Monday, May 21, Workshop Meeting, the Grand Island Town Board decided to hold a public hearing concerning the proposed Wilson Farms convenience store and gas station at the corner of Ransom and Stony Point Roads. The hearing will be held 7 p.m. Thursday, May 31, in the Grand Island High School Auditorium.
   The decision to have another meeting regarding the issue was unexpected. A flier distributed by the Concerned Citizens in the proposed store's vicinity told residents that a decision on the project was likely to occur at the (May 21) meeting. More than 130 people were in attendance, many expecting to hear decisions from the Board regarding the Environmental Impact Statement (EIS) and the site plan for the project. The Board tabled the two agenda items regarding the project in order to consider them after the hearing.
    "To those expecting a decision today, I'm sorry," said Kim Tetreault of the Concerned Citizens group opposed to the project. Tetreault added that the Board was "dragging this out," saying that they would "not hear anything that's new" from her group at the May 31 hearing.
   The recent traffic study, submitted to the Town by the developers, Tops Markets, Inc. and Parkland Development, is "totally inadequate" said Attorney Arthur J. Giacalone who is retained by the Concerned Citizens group. A convenience store with gas pumps would likely increase weekday traffic by more than 15% and weekend traffic by more than 60%, according to Giacalone. He suggested that the Town should require that the developers complete a Supplemental EIS (SEIS) to study the effects that the added traffic would have on the community. He added that the SEIS should also include the effects of all Parkland's future developments, including a day care facility, which has already been approved.
    "We have yet to hear from both sides of this issue," said Council Member Mary S. Cooke in her closing statement. She criticized the accuracy of the flier distributed in the proposed store's neighborhood. "Statistics can be used many ways," said Cooke.
   Council Member Richard W. Crawford, Jr. told the audience that he is as "frustrated" as they are, but he and the other Board members need to know "the whole story."
   Council Member Kevin Rustowicz reiterated his support to re-open the State Environmental Quality Review for the project saying: "Our responsibility is clear…to ensure the health and safety…of the residents."
The Town Board also:
   Held a public hearing for Local Law Intro #6, allowing for an alternate member of the Zoning Board of Appeals. Daniel Robillard of Ransom Road asked Supervisor Peter A. McMahon why an alternate member of the ZBA is needed now, when one was not needed in the past.
   McMahon replied that a few times during the past two years, the ZBA did not have enough members for a quorum due to illness, vacation, conflict of interest, and the resignation of two members without notice.
   Robillard also asked how much it costs the Town to write the new law. McMahon replied that the cost was included in the town attorney's retainer.
   Council Member Cooke said the law was unclear about the alternate member's responsibility when a vacancy occurs. The Board voted 5-0 to table the law for further discussion and possible revision.
   Authorized a bond resolution for water line and road improvements to Alt Boulevard and Bush Road.
   Authorized a bond resolution for sewer improvements in the Duplex area. Rus Thompson of Love Road asked why the Town needed to bond the project when it received a grant to do the work. McMahon replied that the $53,000 grant was below construction estimates for the job, and the bond would be needed for the balance.
   Announced that there will be a Public Workshop Meeting Wednesday, May 30, at 7:30 p.m. in the Town Hall Conference Room (downstairs) to discuss a proposed recreation facility.
   Received a letter from the NYS Parks Department denying a $150,000 grant request to fund snowmobile trails and a parking lot in the Scenic Woods area (near the high school). The grant was applied for in July 2000.
   In a related matter, the Board approved the minutes of the Environmental Conservation Commission's April 19 meeting. In the minutes of that meeting, the Commission stated that: "The Conservation Commission was never informed about the application, and the proposed snowmobile trail is contrary to the earlier unanimous resolution of the Conservation Commission to restrict trail activities to non-motorized uses."
   Received notice that the NYS Department of Environmental Conservation, as part of the Erie County Mosquito Control Program, will apply two types of bacillus (a naturally occurring larvacide) and Aginique (Isotearyl Alcohol Etoxylate, a chemical surfactant) to regulated wetlands in Erie County when it is deemed necessary.
   Voted to give a 60-day notice to the owner of an unsafe building on Love Road. This stated that unless the Town receives plans to fix the building, it will be demolished, and a bill will be sent.
In closing statements:
    Council Member Michael E. Heftka thanked and congratulated the Grand Island Fire Company, which recently celebrated its 63rd anniversary. He also advised everyone that it is "proper flag etiquette" to fly flags at half-staff from dawn until noon on Memorial Day, May 28.
   Council Member Cooke invited everyone to come to the ceremony on Memorial Day at 10 a.m. at the DeGlopper Monument, at the corner of Baseline Road and Grand Island Boulevard. She also advised everyone to support the Veterans of Foreign Wars Buddy Poppy Drive, May 24-26.


 NOTICE OF PUBLIC HEARING
ON PARKLAND ENTERPRISES / WILSON FARMS PROJECT Notice is hereby given that the Town Board of the Town of Grand Island shall hold a public hearing at 7:00 p.m. on Thursday, May 31, 2001, at the auditorium at the Grand Island High School at 1100 Ransom Road, Grand Island, New York, for the purposes of considering the possibility of a Supplemental Environmental Impact Study and the proposed site plan in connection with the Parkland Enterprises / Wilson Farms Project proposed for Stony Point Road and Ransom Road in Grand Island, New York. At the time and place above, all members of the public shall be heard.

Signed: Town Clerk
Nancy J. Samrany


GRAND ISLAND TOWN BOARD WORKSHOP
 A Town Board Workshop Meeting will be held Wednesday, June 6, 2001, at 6:30 p.m. in the Town Hall Conference Room.

GRAND ISLAND TOWN BOARD PUBLIC MEETING NO. 9 AGENDA - Monday, May 21st, 2001

ROLL CALL:
INVOCATION: Island United Presbyterian Church
PLEDGE: Councilman Heftka
PUBLIC COMMENT - AGENDA ITEMS ONLY
PROCLAMATION:
VFW BUDDY POPPY DAYS
APPROVE MINUTES: Town Board Meeting of Monday, May 7, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. Unsafe Building at 3312 Love Road
2. Local Law Intro # 6 of 2001 - Alternate Member for Zoning Board of Appeals
CONSENT AGENDA
1. Erie County Commission on Status of Women - TALENT BANK
2. Erie County Health Department - 2000 Rabies Immunization and Titer Records
3. Renewal of NYS DEC Mining Permit - Hillock 2000 Baseline Road
4. NYSOPRHP - Denial of Funding for Scenic Woods Trails Project
5. “Bricks for Buffalo” - Plaza Walkway/Women’s Walkway
6. Zoning Board of Appeals - Minutes of Meeting April 5, 2001 7. Environmental Conservation Commission - Minutes of Meeting April 19, 2001
8. Golden Age Center - Usage of Facilities for April 2001
9. Parkland Enterprises, Inc. Withdrawal of Potential Rezoning Request
10. Planning Board - Minutes of Meeting April 9, 2001
11. Niagara Region - “Brownfields Showcase Community”
12. Grand Island Central School District - Code of Conduct Policy
13. GIFTS - Advantage After-School Program Update
14. Quality Quest & Conservation Commission - Audubon Society Conservationist
15. Erie County’s 2002 Public Benefit Funding Application Information
16. NYSDEC - NYS Regulated Wetlands in Erie County
COMMUNICATIONS – TOWN BOARD
SUPERVISOR McMAHON
1. Police Reports - Grandyle Village Adjacent to Wilson Farms on Love Road
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewal: Mr. & Mrs. Randon Hillock 2263 Fix Road - Agricultural Use/Restrictions
2. Adelphia Cable - Rate Adjustments
PLANNING BOARD
3. Wheelhouse Marine Services 3049 Grand Island Blvd. - Site Plan to Construct Additional Outdoor Boat and Storage Area
4. Pinto Equipment Site Plan to Construct an Office/Storage Building Behind Existing Building at 2409 Whitehaven Road
5. Snyder Industries Inc. 2671 Bedell Road - Site Plan for Excavation and Grading Activities for a Recreational Pond
6. Wilson Farms Market 1441 Ransom Road - Exception to Subdivision Regulations & Site Plan Approval for Convenience Store
GOLDEN AGE CENTER
7. Personnel
TOWN ACCOUNTANT PAM WHITNEY
8. 2001 Recreation General Fund Budget Amendment
TOWN ENGINEER JOHN PHILLIPS
9. Authorize Bond Resolution - Alt Blvd & Bush Roads Waterline Improvements/Alt Blvd. Resurfacing (West River Road to Fix Road)
10. Authorize Bond Resolution - Duplex Area Sanitary Sewer Improvements
TOWN COUNSEL PETER GODFREY
11. Contract with Niagara County Water District
COMMUNICATIONS - GENERAL
GRAND ISLAND CENTRAL SCHOOL DISTRICT
1. Fiber Optic Cable Communication System
RICHARD ROBINSON, P.C.
2. Condition of Property at 1042 East River Road
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS:
1. Erie County Electric Consortium
2. NYSERDA Energy Performance Contract Funding
3. Councilman Heftka - Recreation Building
4. Councilman Rustowicz - Request for Full SEQR Review for Wilson Farms Project
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Dr. Nelson L. Blackmore
Thomas S. Benton
Evelyn V. (Smith) Kohn

GRAND ISLAND TOWN BOARD WORKSHOP AGENDA - 6:30 P.M. - Monday, May 21st, 2001

I MOTION FOR EXECUTIVE SESSION
   A. Update Legal Issues
   B. Personnel Matters
II AGENDA REVIEW
   A. Wilson Farm Site Plan
   B. Skate Board Park
   C. 2001 Budget
   D. Erie County Electric Consortium
   E. NYSERDA Energy Performance Contract
   F. Alternate Member Zoning Board of Appeals
   G. 3312 Love Road
   H. Golden Age Position
III NEW BUSINESS
   A. Tops Baseline Road Entrance
   B. Erie County One Percent (1%) Sales Tax - Update
   C. Dog Control Office - Update
   D. Snowplow Complaint
   E. Town Historian
   F. Youth Court memo
   G. Drainage
   H. 2001 Budget - Amendment Computers
IV CONTINUING ITEMS
   A. DeGlopper Monument - Update Honor Roll
   B. Storm Water Plant - EPA Regulations
   C. Code Enforcement Re-Organization
   D. Pesticide Use on Town Property
   E. Town Hall Signs
   F. Sign Ordinance - Update
   G. Water/Wastewater Re-Organization
V ROUNDTABLE

Wilson Farms Proposal Recommended

By William O'Connor
   The site plan for a proposed Wilson Farms convenience store and gas station won the Planning Board's provisional recommendation at its Monday, May 14, meeting. The Planning Board voted to "recommend approval of the site plan. The petitioner is to revise the drawing to meet the town code regarding parking and requests that a left turn lane into the store from Ransom Road be provided to secure unobstructed flow of traffic toward the high school. We reiterate the previous position that the Town Board consider reviewing the Environmental Impact Statement (EIS) for the project to satisfy requests made by area residents."
    The use is "expressly allowed" in a hamlet development, said Tops representative Sean Hopkins. He went on to say that the developer, Tops Markets Inc., has devoted 40% of the project to green space, when the town only requires 12%. Significant changes" to the project include underground storage for storm water discharge and a new sidewalk design.
    The developer also did a traffic study between the hours of 3 p.m. and 7 p.m. and from 1 p.m.to 3 p.m. Based on those studies, Hopkins claims that traffic is less than expected when compared to the 1993 estimates, and less than the "threshold limits" that require road modifications. He concluded that no revision to the roadways should be required.
   According to Hopkins, the proposed fueling facilities are "state of the art," and so highly regulated by the DEC and the US Environmental Protection Agency that they cannot be subjected to the town's environmental review.
   Planning Board member John Trianda said that one car, making a left turn from Ransom into the site's parking lot, could back up traffic past the corner of Ransom and Stony Point. He suggested the developer should add a left turn lane to Ransom as part of the project. He also noted that the project did not have enough parking spaces to meet the town code.
    Hopkins replied that the developer thought the town would rather have "green space" than blacktop parking spaces.
   The location of the project is in the "highest accident area" on Grand Island said Eileen Cobello of the "Concerned Citizens" group opposing the project. In the past five years, there were 52 accidents including 22 injuries, said Cobello, who questioned the validity of the developer's count, saying that teenage drivers and higher speeds were not factored in.
    "Please, remember these are our children," said Kim Tetreault of Blue Jay Lane. She advised the board to consider requesting that the developer and the town build more sidewalks. According to Tetreault, the town and developer only need to construct "two-tenths of a mile" of sidewalk to connect the project to nearby developments.
    The board passed its decision, 5-0, only after considerable disagreement.
   The board also received a revised site plan from Paul Irving regarding a proposed, privately owned skate park at 2090 Grand Island Boulevard (next to Tops). The proposal was discussed and then tabled for future consideration at Irving's request.

Emergency Medical Services Week


William O'Connor photo

   Deputy Supervisor Mike Heftka (3rd from the left) reads a proclamation in honor of Emergency Medical Services Week at the Monday, May 7, town board meeting. EMS Week was first recognized by President Gerald Ford, in May 1974. The Town of Grand Island will recognize the week of May 13th to May 19th as EMS Week. Pictured from left to right are Council Member Kevin Rustowicz, First Assistant Fire Chief Gregory Butcher, Council Member Mike Heftka, Chairman of the Grand Island Fire Company Board of Directors Gail J. Lazenby, Fire Company Medical Director Dr. Edward Rayhill and Council Members Mary Cooke and Dick Crawford.

Older Americans Month


William O'Connor photo

    "Senior Citizens possess certain knowledge, skill and experience, all of which are one of our community's most valuable human resources…." The United States Congress has designated May as "Older Americans Month," according to a proclamation read by Deputy Supervisor Mike Heftka at the Monday, May 7, town board meeting recognizing the event.
   Pictured from the left are Council Member Kevin Rustowicz, Golden Age Center Director Barbara Gannon, Golden Age President Dorothy Lew, Deputy Supervisor Heftka and Council Members Mary Cooke and Dick Crawford.

Golden Effort

William O'Connor photo

   Deputy Supervisor Mike Heftka (center) read a proclamation of congratulation to Grand Island High School student Anna Quider (second from the left) at the Monday, May 7, town board meeting. Quider won a Gold Award in the Senior Division at the WNY Science Congress competition April 28 at Buffalo State College. Her project was entitled "Organic Fertilizers made from Domestic Animals." Also pictured are: (l-r) Council Members Kevin Rustowicz, Mary Cooke, and Dick Crawford.

Town Board Report

By William O'Connor
   The Wilson Farms proposal for a gas station and convenience store at the corner of Ransom and Stony Point was the topic of considerable discussion.
   Teenagers are an "unusual group of drivers," according to Eileen Cobello, who showed the board her five-year traffic accident study. She concluded that, based on her study, the un-signaled intersection of Ransom and Stony Point roads (near the high school) had as many accidents as the busy signaled intersections at the center of town. Cobello feels that the developer should conduct a traffic study before any development is allowed at the intersection.
   She criticized comments that she attributed to Supervisor Peter McMahon, in which he had compared the selling of gasoline to the selling of bread. Gasoline has a much greater potential for environmental harm than bread, according to Cobello, and for that reason she concluded that "Re-opening SEQR (State Environmental Quality Review) is an extension of your (the town board's) pledge to Grand Island."
   Kim Tetreault of Blue Jay Lane asked if the Architectural Review Board's April 3 decision to allow a flat roof design could be reversed by the town board. Town Attorney Peter Godfrey replied, "They don't have final say."
   Tetreault asked if the town received information about the number of calls to the Erie County Sheriff's Department in the Love Road-Wilson Farms area (which she requested earlier). After receiving no answer, she said, "We got it ourselves." Tetreault said there were 143 calls in that area last year. She also commented that the developer has not submitted the cost/benefit analysis and that Special Council John Ottaviano will cost the taxpayers of Grand Island in excess of $3,000. She reported that more than 950 people signed the "Concerned Citizens" petition regarding the project.
   Joan Arki of Ransom Road asked who is responsible for road improvements if the town doesn't do a new SEQR. "As a taxpayer, I don't want to pay for those improvements," she said.
    "I am opposed to this project," said Chamber of Commerce Youth Ambassador Kristina Tetkowski, who added that she witnessed accidents at that intersection and was involved in a school bus accident there.
   Councilman Kevin Rustowicz introduced a resolution to request a full SEQR on the Wilson Farms project. The resolution was tabled as the result of a 2-2 tie on the vote. Council Members Dick Crawford and Mary Cooke voted against it. They both felt that the vote was premature and that the town should not act until it gets more information from Ottaviano.
   Councilmen Michael Heftka and Kevin Rustowicz voted for it. Rustowicz said that, based upon his reading of the SEQR Act, it is "our fundamental responsibility" to order a SEQR to "protect the health and safety" of the residents.
   In a related matter, Supervisor Peter McMahon received a letter from John and Madhulika Topolski, whose daughter was struck by a car and injured while crossing Ransom Road in front of the Connor Middle School. They recommended that the town do more to address the pedestrian and traffic problems in the high and middle school area.
In other Action the board:
-   Passed an amendment to the town's Code of Ethics. The amendment puts "teeth" into the Code of Ethics, according to Rustowicz, the bill's originator. It also establishes a five-member Code of Ethics Board. (For more information see May 3 GI e-news).
-   Cooke commented that the bill has her "full support" due to revisions made during recent meetings. She added that people should not "get the idea that a bad situation exists currently" (in the town government).
-   Voted to set a public hearing for "Local Law Intro #6 of 2001- providing for the use of an alternate member of the Zoning Board of Appeals." The hearing will take place at the beginning of the Monday, May 21, town board meeting.
-   The board tabled the creation of a committee to study funding for a recreation building. The board decided to meet instead with the Recreation Advisory Committee and the Ad Hoc Committee (already formed) to further study the matter. A recreation facility was narrowly defeated in a 1999 referendum. Opponents of that project felt that it would be too expensive for the town to maintain. The Recreation Department and Ad Hoc Committee suggested that the town board "reverse the process" and advise the committee on how much the town could afford, according to Heftka.
-   Voted to approve spending to improve the playground on Carl Road. A few years ago the town approved a cell-phone tower, which has had a negative effect on the playground. A barbed-wire fence surrounds the tower. When the tower was constructed, the contractor removed topsoil, left ruts, and removed a swing set. The board voted to approve an amount equal to not more than one year's rent from the tower to improve the conditions.
-   Received a letter from Selective Insurance, the town's insurer, regarding the town skate park which was closed last month due to lack of insurance. Selective claims that since November 1999 "there was no reference in the information submitted to us about the existence of a skateboard park." They also agreed to insure the park "with the proper controls"…(for) "an additional $2,500 annual premium." The board will consider their options at a future time.
-   Voted to approve changing Tax Assessment Grievance Day from Tuesday, June 5, to Thursday, June 7. Grievances will be heard from 4:00 P.M. to 8:00 P.M.
   Voted to wave the 30-day waiting period for approval of a liquor license for a new addition to the River Oaks Country Club patio.
-   Announced that the Christian Foundation for the Performing Arts will hold a Spring Concert on Friday May 11, 2001, at 7:00 P.M. at St. Stephen's Roman Catholic Church. The concert features the music of the Festival Chorus, with special appearances by Joyful Noise, a gospel barbershop quartet, and soloist Nan Heckler. There is no charge for the event, but a free will offering will be taken.
-   Announced that Erie County will hold a Hazardous Waste Drop-Off Day on Saturday May 12, from 9:00 A.M. to 2:00 P.M. at the Erie Community College North Campus. For more information call 858-7472.
-   Announced that Erie County will hold a Computer Recycling Drop-Off Day on Saturday, May 19, from 9:00 A.M. to 2:00 P.M. at the University of Buffalo in Amherst. For more information call 858-6800.
-   Acknowledged a letter from Joelle Logue, former editor of the Grand Island Record, requesting that the town honor recently deceased journalist Marion Klingel by naming an event or structure in her memory.
   Deputy Town Supervisor Michael Heftka presided over the Monday, May 7, town board meeting, while Supervisor Peter McMahon, a member of the Grand Island Fire Company, was detained by his response to a call involving the death of an infant on West Park Road. (For more information, see "Infant Found Dead" story)

PUBLIC MEETING NO. 8 Date MAY 7, 2001
 ROLL CALL:
INVOCATION: Emmanuel United Methodist Church
PLEDGE: Councilman Heftka
PUBLIC COMMENT - AGENDA ITEMS ONLY
PROCLAMATIONS:
SENIOR CITIZEN MONTH
WNY SCIENCE CONGRESS WINNER
EMERGENCY MEDICAL SERVICES WEEK
APPROVE MINUTES: Town Board Meeting of April 16, 2001
Special Town Board Meeting of April 30, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M. NONE
CONSENT AGENDA
1. Safety Committee Meeting - March 28, 2001
2. Board of Architectural Review - Meeting of November 7, 2001
3. Environmental Conservation Commission - Minutes of Meeting February 8, 2001
4. State Comptroller - Satellite Teleconference May 30, 2001 re: Retirement Benefits
5. Stipulation of Discontinuance - Barbara Booth v. Wendy Maloney, et al
6. NYDEC - Statement of Findings/Proposed Day Care Center 1353 Ransom Road
7. ECIDA/2001 Fujisawa Healthcare, Inc. Project - Payment in Lieu of Taxes Agreement
8. State Education Department - Required Submittal of Plans & Specifications to Local Law
   Enforcement and Fire Officials 9. National Fuel Representatives Contact Information 10. County Comptroller - Accounting and Financial Reporting Procedures
11. Building Permits - April 2001
12. Golden Age Center - Usage of Vehicles April 2001
13. Board of Architectural Review - Minutes of Meeting April 3, 2001
14. State Comptroller-Potential Increase of Employee Contribution to Retirement Fund
15. County Notification of Computer Recycling Drop-off Day
16. County Notification of Household Hazardous Waste Drop-off Day
17. County Comptroller Report of Apportionment and Distribution of County Sales Tax
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. Erie County Electric Consortium
2. Heritage Christian Home, Inc.- Request for P.I.L.O.T Designation
3. Supervisor’s Monthly Report - April 2001
-2- 5/07/2001
4. Perma Safety Award 2001
5. Appointment to Erie County Environmental Management Council
6. Liability Insurance for Skateboard Park
7. River Oaks Restaurant Request for Waiver on Liquor License Renewal
8. NYSERDA Energy Performance Contract Funding
9. 2001 Budget Amendment
10. Site Plan Amendment - River Oaks Marina
COUNCILMAN CRAWFORD
11. Veterans Memorial
COUNCILMAN HEFTKA
12. Recreation Building
13. West Park Playground
COUNCILMEN HEFTKA & RUSTOWICZ
14. Local Law Intro # 2 of 2001 - Code of Ethics
COUNCILMAN RUSTOWICZ
15. Request for Full S.E.Q.R.A. Review on Proposed Wilson Farms Project
COMMUNICATIONS - OTHER OFFICIALS
TOWN CLERK NANCY SAMRANY
1. Special Use Renewals:
A. Daniel Robillard 423 Ransom Road - Agriculture Use
B. James & Kathleen Lorentz 2555 Staley Road - Keeping of Five (5) Horses
C. Leo & Betty Hopkins 555 Ransom Road - Five (5) Horses/Agriculture/Nursery - Restriction
2. Festival Chorus Spring Concert
TOWN ENGINEER JOHN PHILLIPS
3. Site Plan Approval - Wheelhouse Marine Services 3049 Grand Island Boulevard
4. Site Plan Approval - Pinto Equipment Office/Storage Building 2409 Whitehaven
5. Re-approve Map Cover - Fairway Greens of River Oaks Phase 2, Cluster 12
6. Site Plan Approval - Snyder Industries Inc. 2671 Bedell Road for Recreational Pond
ZONING BOARD OF APPEALS CHARIMAN PETER McKEE
7. Alternate Member for the Zoning Board of Appeals TOWN ATTORNEY PETER GODFREY
8. Local Law Intro # 6 of 2001 - Providing for the Use of an Alternate Member of the Zoning Board of Appeals
-3- 5/07/2001
WATER SUPERINTENDENT JOHN MARTIN
9. Seasonal Personnel for Water Department
ASSESSOR DAVID UNMACK
10. Scheduling of Grievance Day
BUILDING INSPECTOR DOUGLAS LEARMAN
11. Dilapidated Structure at 3312 Love Road
HIGHWAY SUPERINTENDENT RAY DLUGOKINSKI
12. HiLift Loader Purchase
RECREATION DIRECTOR LINDA TUFILLARO
13. Summer Hire
REALITY CAFÉ - SUE NOVITS
14. Creation of Recreational Leader Part Time
COMMUNICATIONS - GENERAL
JOELLE LOGUE
1. Marion Klingel Memorial
JON & MADHULIKA TOPOLSKI
2. School Traffic Concerns
REPORT OF AUDIT COMMITTEE:
UNFINISHED BUSINESS: NONE
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
John (Hans) Ludwig Leitner
Marion E. (Birke) Klingel


Town Board Workshop Meeting - April 30, 2001
 By William O'Connor

Ethics Law Nears Final Vote    The Grand Island Town Board put some finishing touches on a revised Code of Ethics at its Monday, April 30 workshop meeting. Council Member Kevin Rustowicz first recommended the new code on January 2, 2001, in response to a series of complaints about the town's building department.
   The new code has more legal force than the 1978 law it revises. It establishes a "Board of Ethics" consisting of five volunteer members "who shall serve five-year terms of office, one such term expiring each year." Only one member of the Board "shall be an officer or employee of the town…No more than two members of the Board may be affiliated with the same political party," according to the code.
   Rustowicz seemed satisfied with the draft and revisions. The code will likely be voted on during the Monday, May 5 town board meeting.

Historic Preservation
   The board decided to put the Historic Preservation Ordinance on hold to explore new options and make it more attractive to private property owners. The Historic Preservation Committee has been working for more than two years to find a way to best preserve Grand Island's historic buildings and landmarks. Public comment on the bill was taken earlier this year. It is currently in its fourth revision.
    Council Member Mary Cooke, advisor to the Historic Committee, said the committee was waiting for advice from the workshop on how to proceed.
    There is a New York State bill pending which would allow income tax credits for any property on the "National Registry," according to Town Supervisor Peter A. McMahon. He learned about the proposal while attending a "Smart Growth Conference" in Albany on April 23. McMahon proposed that board members contact NYS Senate and Assembly members to ascertain the bill's possible impact and its prospects for passage.
    "I am totally opposed to the fourth revision of this proposal," said Bob Lutnick of West Oakfield Road. He added that it takes away the homeowner's choices, increases their responsibility, makes them shoulder all of the expenses, and exposes them to unreasonable fines. If a dispute should arise, it will be between "one individual property owner" against a committee of eight, he said.
    The proposal offers "no benefit to the private sector;" but the law allows for commercial owners to receive benefits according to Lutnick. He suggested that the town change the law by making it voluntary, more of a "trade-off," compensating the property owner for the historic designation of their property. He thought that requiring owners to give the town a "3-month notice" before demolition, allowing the town to buy a historic landmark, would be fair. "If you can't pay for it, you can't own it," he said.
    McMahon suggested the board delay the proposal and look into making the program voluntary, funding it with property and/or income taxes. He added that "even people who don't like version four agree that...there are things that should be protected."

Capital Budget
    The Board examined a five-year budget proposal for Capital Improvements to town assets such as buildings, sewers, water, and streets. The budget, prepared by the Engineering Department, seeks to predict the town's costs for capital improvements. It schedules when and how projects will be paid for. The purpose of the plan is to organize and control the town's debt according to McMahon.
    This year's portion of the plan will be distributed to the department heads for comment and revision. After that, it will be voted on as a budget item. The remainder of the proposal will be used as a guideline.

Wilson Farms Opposition


Eileen Cobello points to the corner of Ransom and Stony Point Roads, where 13% of all Grand Island traffic accidents occur.
William O'Connor photo

By William O'Connor
   Concerned Citizens opposed to the Wilson Farms/Gas Station project at the corner of Stony Point and Ransom Roads met at the Grand Island Memorial Library Wednesday, April 18th.
   Eileen Cobello of Tracey Lane showed the audience, of nearly 30 people, the results of her 5-year traffic accident study, which shows that 13% of all the accidents on Grand Island happen at or near the corner of Ransom and Stony Point Roads.
   Joan Arki of Ransom Road reviewed the group's legal options and announced that the group hired Attorney Arthur J. Giacalone to represent their interests. Giacalone is well known in the Buffalo area for his expertise in zoning and development issues. "By enlisting his services, we let the town know that we are serious," said Arki.
   "No town has ever been sued for re-opening the SEQR" (State Environmental Quality Review), said Kim Tetreault of Blue Jay Lane. She said the citizens collected more than 850 signatures on their petition and expressed frustration with the town government's actions regarding the project.
    "Everyone still has the right to develop their property. They have a right to work with the DEC, EPA, and work within the law," said Councilmember Mike Heftka, suggesting that stopping the project is an unrealistic goal.
   Heftka also commented that he was "embarrassed" that Cobello put together such a good accident study when the Traffic Safety Committee (which he advises) couldn't.

Town Board Report

By William O'Connor
   Pooling resources to make more money on investments is the topic of conversations between Erie County Comptroller Nancy Naples, Grand Island Supervisor Peter McMahon, and council members Dick Crawford and Mary Cooke. Naples contacted McMahon by letter, which outlined the specific regulations of/and benefits for "a cooperative investment program."
   The amendment (Section 44 of the NYS General Municipal Law) allowing towns to pool their financial resources was passed in October 1998. Since that time, many municipalities have joined "Cooperative Investment Programs," including Kenmore, Lancaster, Hamburg, and Tonawanda.
Crawford and Cooke presented the town with information about a "Customized Investment Management Program." The town board voted at its Monday, April 16, meeting to refer the matter to McMahon, who is the town's chief financial officer.
   A "Resident's Petition" bearing the names of more than 80 residents in the Wilson Farms-duplex area was presented to the board by Nancy Killian of Ward Park during the public comment period of the Monday Meeting. The petition asks that the town resolve the problems with drainage, garbage, loud noise, and juvenile crime caused by Wilson Farms in their neighborhood. The petition also asks the town to deny site approval for the proposed Wilson Farms/Gas Station at Ransom and Stony Point Roads.
   The board voted to refer her petition to Town Attorney Peter Godfrey of Hodgson and Russ, Erie County Legislator Charles M. Swanick, Town Engineer John Phillips, and the Zoning Office. (See past issues of Grand Island E-News for more information.)
   Killian also asked McMahon about the status of a grant received by the town to replace sewer lines and roads in the duplex area. McMahon replied that the work should be finished in "2001."
   (For more information about the next three issues, see the "Fuccillo" story in the April 12 edition of Grand Island E-News.)
   The town board also:
   - Granted Site Plan approval for Fuccillo Chevrolet and approved the SEQR negative declaration for that project. Fuccillo has only a few small obstacles left for its new Alvin Road location, one being a 17 ft. easement for a water line. In a related issue, Joseph Lukasiewicz of Revere Rd. said that he approved of the Fuccillo plan for the jobs and revenue it would bring to the town, but he expressed concern that Fuccillo would not be able to stop trucks, greater than the 5-ton limit, off Alvin Road.
   - Granted site plan approval for Marigold Housing For the Elderly, at 3026 Grand Island Boulevard.
   - Took no action concerning the Patriot's Way Subdivision on Bedell Road because the Environmental Conservation Commission has yet to make a recommendation on the proposal.
   -Announced that a "Septic Symposium" sponsored by the Erie County Water Quality Committee will take place 7 p.m. May 1, at the Grand Island High School, 1100 Ransom Road. "It is a good chance to learn about proper maintenance and care of a system to prevent septic system failure and expansive repairs," according to a Cooke memorandum. There will be a drawing for a free septic tank cleaning from Alden Sanitary Service.
   Councilmember Mike Heftka noted that Animal Control Officer Greg Butcher caught a cat, which attacked people in the Sheree Drive/Bruce Lane area on April 2. There was some concern that the cat may have had rabies. After the capture, the cat tested negative for the virus. Heftka credited Butcher's efforts, which prevented a painful series of inoculations for three members of a Grand Island family.
   Heftka also reminded everyone of the "Environmental Sabbath" celebration of Earth Day 2-4 p.m. at the Riverside Salem United Church of Christ, 3449 West River Road. (For more information about this, see the Calendar of Events.) He also wished everyone a "Happy Dingus Day."
   McMahon reminded the audience of the April 30 and May 2 public workshops. (For more information, see the April 12th edition of Grand Island E-News.)

Skate Park Closed

By William O'Connor
   The skate park in Vets Park on Bedell Road, one the most popular recreational areas on Grand Island, has been closed due to a lack of insurance.
   In the late 1990's skaters had become a nuisance. They built homemade ramps, and used the streets, town hall, parking lots, stair railings, and private driveways to do their jumping and grinding stunts. In 1999 the town constructed a skating area in Veterans Park, complete with ramps and railings (for grinding). Until just recently, skating at the park was one of the "most popular" activities on the island second only to organized sports according to Council Member Dick Crawford.
   In a letter dated April 10, 2001, Selective Way, the town's insurance provider, excluded "all hazards in connection with the...Veterans Park Skateboard Area."
   In response to that action, town Supervisor Peter A. McMahon closed the park and removed the wooden structures supplied by the Town. Coincidentally, a few weeks ago, the town removed what Councilman Kevin Rustowicz called "make shift stuff the kids brought in" and stored it in the town highway building.
   There is "no way we can run that facility without insurance," said Supervisor McMahon at the town board's Monday, April 16 workshop meeting. The town is following two courses of action. The board is considering putting out a request for proposals from other insurance providers; and they have authorized Town Attorney Peter Godfrey, of Hodgson Russ, to study taking legal measures to reinstate the insurance.
   The exclusion is a "mid-year contract change" to a policy that has already been paid for according to Godfrey.
   McMahon has doubts about the possible success of any legal actions against Selective. He commented that on two other occasions the town challenged Selective and lost. "They wrote the policy," he said.
   McMahon spoke with two other insurance providers. One would not cover the park. The other gave a preliminary estimate of $15,000 per year, which is much more than the town is willing to pay. The "industry was hit with a lot of claims from private skate board parks," according to one agent McMahon spoke to.
   In a related matter, the Planning Board, last week, tabled the site plan approval for a private skate park on Grand Island Blvd. near Tops Supermarket. (For more information see the April 12 issue of Grand Island E-News).

Neurofibromatosis Awareness Month

   In the hope that public awareness will lead to better treatments and possibly a cure for Neurofibromatosis (NF), a genetic disorder that effects more than 100,000 Americans, the Grand Island Town Board designated May as Neurofibromatosis Awareness Month.
   "Physical manifestations of NF can include scoliosis, spinal cord and brain tumors, early or delayed puberty, visual impairment or blindness, speech impediments, deafness or hearing impairment and balance problems, headaches, severe itching, high blood pressure, pain, vomiting, chronic constipation and diarrhea. Variability is extremely high between individuals; many persons have no, or only a few, symptoms.
   Half of those with NF inherit the disorder, while the other half acquires it through spontaneous genetic mutation. In addition, children born to an adult with NF have a 50% chance of inheriting NF themselves," according to the M.D. Anderson Cancer Center Website.

Town Board Agenda - April 16, 2001

PUBLIC MEETING NO. 7 Date APRIL 16, 2001 ROLL CALL:
INVOCATION: New Apostolic Church
PLEDGE: Councilman Crawford
PUBLIC COMMENT - AGENDA ITEMS ONLY
PROCLAMATIONS:
TOWN CLERKS WEEK
NEUROFIBROMATOSIS AWARENESS MONTH
APPROVE MINUTES: Town Board Meeting of April 2, 2001
SUBMIT CLAIMS FOR AUDIT
PUBLIC HEARINGS: 8:00 P.M.
1. LOCAL LAW INTRO #5 of 2001 - PARTIAL EXEMPTION FOR DISABLED
PERSONS WITH LIMITED INCOMES
CONSENT AGENDA
1. Minutes of Planning Board Meeting: March 12, 2001
2. Grand Island Little League Opening Day
3. ECEMC Minutes of Meetings: Dec.19, 2000 & Jan. 16 & Feb. 20, 2001
4. Erie County Internet Mapping System
5. Third Annual Smart Growth Conference - April 23rd, 2001
6. Local Government Conference - May 10, 2001
7. Usage of Vehicles and Facilities at Golden Age Center - March 2001
8. Building Permits - March 2001
9. Zoning Board of Appeals - Minutes of Meeting March 1, 2001
10. Board of Architectural Review - Minutes of Meeting March 6, 2001
11. Traffic Safety Advisory Board - Minutes of Meeting March 13, 2001
12. Meeting Absence - Councilwoman Cooke
COMMUNICATIONS - TOWN BOARD
SUPERVISOR MCMAHON
1. Reappointment of Delegate to Erie County Environmental Management Council
2. Grant Consultant Contract
3. County Comptroller re: Pooling of Cash Balances for Investment Purposes
4. Supervisor’s Monthly Report - March 2001
5. Appointment to the Recreation Advisory Board
6. Training Opportunities for Town Accountant
7. Insurance Exclusion Endorsements for Veterans Park Skateboard Area
-2- 4/16/2001
COUNCILWOMAN COOKE
8. Septic Symposium
COUNCILWOMAN COOKE & COUNCILMAN CRAWFORD
9. Cooperative Liquid Assets Securities System (CLASS)
COUNCILMAN RUSTOWICZ
10. Grand Island Youth Advisory Board Appointments
11. Open Meetings Law
COMMUNICATIONS - OTHER OFFICIALS
PLANNING BOARD
1. Marigold Housing for the Elderly 3026 Grand Island Boulevard - Site Plan
2. Fuccillo Chevrolet 2000 Alvin Road - Site Plan
3. Patriots Way Subdivision - Bedell Road East of Veterans Park (formerly Downsview)
Re: Robert Weaver Request
4. Skate Park 2090-2094 Grand Island Boulevard - Site Plan
5. James Williams, Trustee for Esther Investment Trust 2033 & 2039 East River Road
Special Use Permit for Keeping of Two (2) Horses on 2.53 Acres.
TOWN ATTORNEY
6. Sprint Request for Amendment to PCS Site Agreements
7. Mesmer Airport Scoping Document
8. Fuccillo Chevrolet - SEQR Negative Declaration
ZONING OFFICER JOHN McCARTHY
9. Request of Secretarial Training
TOWN ACCOUNTANT PAM WHITNEY
10. Request for Unpaid Leave of Absence
COMMUNICATIONS - GENERAL
DENNIS & DEBORAH HUTZLER
1. Proposed Skate Park Concerns
NANCY KILLIAN
2. Petition of Residents in Love Road Wilson Farms Area
REPORT OF AUDIT COMMITTEE:
-3- 4/16/2001
UNFINISHED BUSINESS:
1. Town Accountant - Amend 2001 Sewer Budget
FROM THE FLOOR:
FROM THE TOWN BOARD:
MEMORIAL ADJOURNMENT
In Memory of:
Richard J. Erling
Maxine M. McNamee
John D. Albert
Richard A. "Dick" Pifer, Sr.

Fuccillo Site Plan Recommended

By William O'Connor
   The Grand Island Planning Board recommended approval for the proposed Alvin Road Fuccillo Chevrolet dealership at its Monday, April 9 meeting. The plan includes a 28,000 sq.ft. building, and a 1300 ft. long "sea of pavement" with storage parking spaces for 600 vehicles plus 40 more for employees and customers according to Fuccillo attorney Robert S. Scalione.
   Fuccillo has agreed to create nearly four acres of wetlands to replace the 1.7 acres, which will be destroyed by the project. It has already been rezoned from R1-A (rural) to B-2 (business) by the town board, and has received a negative declaration for environmental impacts from the NYS Department of Environmental Conservation according to Scalione. A negative declaration means the developer has adequately addressed the project's environmental impacts. (Scroll down for more information about this project)
Skate Park
   The board considered a request from Paul D. Irving for a "skate park" at 2094 Grand Island Boulevard (near Tops). The "simple project" is basically a 1.25-acre "parking lot" with movable wooden structures. He felt that the project would give the young people on Island something to do.
   The project would include a 60 X 30-foot building. According to Irving, a permanent structure is to be built after he finds out how well the business does.
   The ZBA tabled the request which included variances for the required parking spaces, and a loudspeaker system for crowd control, contests, and music.
   A letter opposing the project was presented by Dennis Hutzler who owns Heatherstone Kennels on Grand Island Blvd. Hutzler noted concerns about possible problems in drainage, safety, traffic problems, and noise.
   The Board tabled the Irving proposal, and requested that he revise his site plan to include lighting, and a permanent structure for "sanitary purposes." Planning Board Member John Trianda commented that allowing the business to open without a permanent bathroom facility would be "not a good precedent."
In other Action the Planning Board:
-   Recommended the site plan approval for a 39 unit, three story "housing for the elderly" building at 3026, Grand Island Boulevard, to be developed by People Incorporated.
-   Gave "informal approval" for developer Robert Weaver to make a cash payment in lieu of a passive park and move a stream to the back line of Patriot's Way Subdivision. The move would create five more building lots, and would likely require wetlands mitigation according to Council Member Mike Heftka.
   Eileen Cobello of Tracey Lane gave a traffic accident presentation siting 166 accidents occurring within the past five years on Grand Island. During that time 13% of the "reportable" accidents occurred in the vicinity of the proposed Wilson Farms on the intersection of Stony Point and Ransom Rd. according to Cobello.
   Kim Tetreault of Blue Jay Lane read a prepared statement criticizing the Architectural Review Board's decision to allow Tops to use a flat-roof design for the proposed Wilson Farm's. She stated that the move was a reversal of their former position that the roof would be out of character with the rest of the development.
   It is "clear that the town does not always play by the rules when it comes to Tops," said Tereault, who then referred to the service road Tops built to Baseline last year, without permission. "The stakes are high; 1800 children pass through (Ransom and Stony Point) every day," she said. (For more information regarding the Wilson Farms development see past issues of Grand Island E-News.)

National Volunteer Week


   The US Congress has designated the week of April 8-14, 2001 as National Volunteer Week. Supervisor Peter McMahon read a proclamation in recognition of all those "who serve this community on a daily basis." Accepting the award from McMahon, on behalf of all of the town's volunteers was Delilah (Dolly) D'Orazio with Councilmembers Mike Heftka (left) and Mary Cooke. Dolly donates her time in support of Grand Island's youth at Reality Café.
   A poster displayed in town hall recognizes those who serve on the various town boards. The names of more than 70 individuals are featured there in recognition of the "significant economic and social benefits" they bring to the town.

Supervisor McMahon, Giambra Sign Inter-municipal Assessor Agreement


   Town Supervisor Peter A. McMahon and Erie County Executive Joel Giambra are shown signing theinter-municipal agreement for the assessor, explained in a news story here last week.
   "It's time to give credit where credit is due," said Supervisor McMahon last week. "The original concept of regionalism, which led to this agreement, came from Joel Giambra. Without his vision and his leadership this would not have been possible," he said. "The agreement is a good one. This historic agreement allows us to retain the Towns autonomy over assessment services and to save money. Any time that two or more governments can save money by agreeing to provide a public service, without a loss in the quality of the service or in their control over the service, it's good for everyone," McMahon said.
   "We need to thank the rest of the people who played a role in working out the agreement. Deputy County Executive Carl Calabrese, County Attorney Fred Wolf, County Director of real property services Joe Maciewski, The Towns attorneys Hodgson Russ and of course the entire Town Board," McMahon said.

 Public Workshop Meetings

   A public workshop meeting will be held in the Town Hall Conference Room 6:30 p.m., Monday, April 30 for the purpose of reviewing the town's capital budget and discussing the Proposed Code of Ethics.
   A public workshop meeting to review the current draft of the Town's Zoning Map will be held 6:30 p.m. Wednesday, May 2 in the Town Hall Conference Room.

   The Grand Island Town Board voted 4 to 1 Monday, April 2, to let Erie County assume tax assessment responsibilities. The cost to the town will be $25,000 and the program will be implemented on a one year, probationary basis. Supervisor Peter McMahon stated in earlier meetings that the town would likely appreciate significant savings as a result of the agreement. The move will result in no layoffs, due to the fact that Town Tax Assessor James Milne announced his retirement at the end of last year.
   Grand Island "is setting the pace…being a model" according to Council Member Mary Cooke. She produced a copy of "Governing" magazine baring a photo of Erie County Executive Joel Giambra. She said the national publication applauded Giambra's "new approach to government."
   Council Member Mike Heftka called the effort a "win-win" for the town and county. He gave credit for the consolidation to the bi-partisan efforts between Erie County Legislator Charles M. Swanick and Joel Giambra.
   Council Member Kevin Rustowicz justified his vote against the measure referring to his "personal accountability philosophy of government" and his Code of Ethics proposal. He felt the board should "put that person in," and not delegate the responsibility to the County.
Animal Control
   In three separate votes the board voted to implement new, more specific dog control ordinances and replaced two part time animal control positions with one full time officer.
   The first vote amends the current animal control law giving it more specific language regarding the duration and noise level that constitutes a violation from a barking dog.    The town received a letter from Norman C. Gibbon of East River regarding the amendment. He felt that the existing law was better in spite of its vagueness, because the new amendment is too lax. The letter concluded, "It is most unfortunate that a few irresponsible dog owners are so totally inconsiderate of their neighbors that we must have such laws in the first place. Since such laws are apparently needed, however, it behooves us to make them as effective in achieving their purpose as is possible." (For more information see March 22, GI-E News.)
   The amendment was passed 5-0 with no revisions.
   The board voted along party lines to create a full time animal control officer, and then appoint Gregory Butcher to the position. Republican Council Members Cooke and Richard Crawford voted against the proposal saying that other (possibly less expensive) options were not adequately studied.
   Democrats Rustowicz, Heftka and McMahon voted for the measure. They felt that four weeks was enough time to study the town's needs, and that the current arrangement is inadequate in the light of diseases like rabies and West-Nile Virus.
In Other Action:
   Fuccillo Chevrolet moved two more steps closer to its new location on Alvin Road. The board voted unanimously to ratify the zone change of Fuccillo's new proposed 2001 Alvin Road location from R-1A to B-2; and referred the site plan for their new building to the Planning Board. The Town Board also:
   Approved advertising to fill three seasonal positions for the recreation department.
   Referred site plans for Marigold Housing for the Elderly, at 3026 Grand Island Boulevard, and a Skate Park, at 2090-2094 Grand Island to the Planning Board.    Referred a request to the Planning Board, Recreation Board, and the Environmental Conservation Commission from Robert Weaver of East River to a accept cash payment in lieu of a park for Patriot's Way Subdivision (Bedell Rd. east of Veteran's Park). Developers are required to donate 10% of the land to the town in any proposed subdivision for parks and recreation. In some cases money is accepted instead of property. Weaver would also like to straighten a tributary of Woods Creek that runs through the proposed park area according to a memo from Town Engineer John Phillips.
   Referred a request from Stickl Construction to waive the requirement for sidewalks along Whitehaven Road for Spicer Creek Subdivision (near E. River) to the Sidewalk Committee and the Planning Board.
   Acknowledged receipt of a letter from Dominick Affuso of Baseline Road regarding the "Tops access road" from Baseline to Grand Island Boulevard. Affuso also spoke at the meeting. He feels the road is unsafe, saying that motorists are not stopping at the roads intersection of Baseline, "darting through" parking lots onto Baseline, and forcing other vehicles onto the shoulders. He wrote that the town should act immediately to make the road safe or close it.
   He also warned those in opposition to the proposed Wilson Farms and gas station on Ransom at Stony Point to be weary of the town board's actions. Tops built the controversial road roughly a year ago. Tops sought, and was granted approval for the road after they built it.    Acknowledged receipt of a letter from Kim Tetreault of Blue Jay Lane. The letter was about a lengthy conversation she had with Erie County Safety Engineer Michael Asklar about the proposed Wilson Farms. Tetreault suggested, based on her conversation, that the town ask the county to make a comprehensive traffic study of the proposed area for the store and gas station.
   Tetreault also spoke at the meeting. She mentioned that the Concerned Citizens in opposition to the Wilson Farms proposal have hired a lawyer to protect their interests. (More information may be found in previous and upcoming issues of GI E-News.)

Rules of Order Change Fails to Reach "Super Majority"

By William O'Connor
   A vote that would have made information equally available to all of the town board members failed to achieve the needed 4 to 1 vote at the Monday, April 2, Town Board Meeting. Most legislation, voted on by town government requires a simple 3 to 2 majority. Matters of procedure and other votes (under special circumstances) require a 4 to 1 majority in order to pass.
   It has been standard practice in the past for council members and the press to receive a packet of information with background information about every item on the agenda for all town board meetings. That practice ended when Democratic Town Clerk Nancy Samrany's $5,000 pay raise was rejected according to Republican Council Members Mary Cooke and Richard Crawford. Cooke says that the information packets stopped being provided (on a regular basis) beginning December 5, 2000. She feels that the lack of information may be retribution their votes against the raise. (See the Nov. 23 and Dec. 7, 2000 editions of GI-E news).
      Crawford, Cooke and Democratic Supervisor Peter McMahon voted for the measure. Democratic Council Members Mike Heftka and Kevin Rustowicz voted against.
   Heftka defended his vote saying that problem is based on a dispute between two town officials and it would be inappropriate to change the town code to settle it.

Banners

By William O'Connor
   Lampposts in the Grand Island town center will soon be sporting decorative banners. The town approved an agreement, at the March 5 town board meeting, allowing CGI Community Banner Services of Rochester, New York, to solicit advertising for its product.
   In return for the right to solicit sponsorship fees from area organizations and businesses, CGI will supply the town with a minimum of 25 custom decorated, 24"x72" vinyl banners and brackets. CGI will automatically renew the contract for three years and provide new banners every year.
   The town will be responsible for installation and removal with the cost for this being relatively small, according to Supervisor Peter McMahon.
   Sponsors' advertisements will occupy only the bottom 25% of the banners. According to CGI the number of sponsors will determine the number of banners supplied, but even if no sponsorships are sold, the town will receive 25 banners. Designs for the banners have yet to be decided, but McMahon feels that they would be a good way to promote the 2002 Sesquicentennial celebrations.
   CGI banners can be seen in more than 150 communities nationwide, as far away as Stockton, California and locally in Tonawanda, North Tonawanda, Depew, Lancaster, Clarence, and Buffalo.

Town Board Report
Barking Dogs

By William O'Connor
   Monday's (Mar. 19, 2001) town board meeting was preceded by a public hearing held for Local law number 3 for 2001, an amendment for dog control and noise control. The current law allows for enforcement against barking dogs. The new law is more specific, defining both the noise level (85 decibels) of the animal and the duration (15 min. per hour) of the disturbance. The amendment, based on laws enacted in other municipalities, is "more clear" and would be easier to enforce, according to Town Attorney Peter Godfrey.
   Barbara Fritchey of East River Road spoke in favor of the amendment saying her neighbor on Stony Point Road leaves her dogs out all day and that their barking is creating a nuisance.
   "I see no provision for time in this," said Norman Gibbon of East River who spoke in favor of the concept, but felt it wasn't strict enough. A dog barking for 15 minutes per hour at midnight or 3:00 a.m. is unacceptable, he said.
   It is "virtually impossible to sleep with my windows open," said Anthony Mastantuono of East River, but 85 decibels is clearly too loud for a restriction he noted, adding that an average alarm clock right next to a person's bed is 80 decibels.
   "I'm totally against this," said Beverly Zajdowicz of Meadow Lane who felt that it is unreasonable to restrict barking to less than 15 minutes per hour.
   The amendment is "picking on people unfairly" according to Husain Syed of East River Road who says he came to Grand Island to "live in nature" and to let his dogs go and "do their business where they please." Syed feels his dogs are a good way to protect his family and a good alternative to having guns in his home.
   Council Member Mary Cooke relayed a message she received from Marcia Pfohl who is opposed to the law, and is more concerned about "boom boxes" in cars.
   Rus Thompson of Love Road objected to the amendment because the "timing aspect" may force the town to have a full time animal control officer. He commented that he also was more concerned about "boom boxes" than barking dogs.
   The proposal will likely be amended and voted on during a future town board meeting. A motion to create a full-time dog control officer position was also tabled.
   The Board, in a 4-0 vote authorized using the Grand Island Police to direct traffic at the intersection of Ransom and Stony Point roads during special events at the high and middle schools.
In other business the board also:
   *Passed a partial tax exemption for homeowners ages 65 years and older with annual incomes under $28,900.
   *Approved the site plan from KOA campgrounds on Grand Island Blvd. to construct a four-foot birm to act as a noise barrier, and block the campground's view of the NYS Thruway.
   *Approved the site plan from Larry Playfair for a 2,000 sq. ft. office building to be built at 2896 Baseline Road.
   *Approved publishing a town newsletter, including the annual "Water Quality Report" and including it in an Island- wide "Island Dispatch."
   *Acknowledged receipt of a copy of a ten-page brief submitted by Michel Powers Esq., Special Council to the Town of Grand Island for the Seneca Land Case. The brief addressed two issues: "(1) the impossibility of awarding the relief sought by plaintiffs against the Town and other landowners and (2) the Town's appearance by separate council." Ten-page briefs are the last communications accepted as testimony by Federal Judge Richard J. Arcara, before he renders his decision in the case. (For more information click "Seneca Land Claim link").
   *Acknowledged receipt of an announcement from Erie County's Solid Waste Management Board concerning a Composting Education Program on April 21, 2001 at Erie County Home Depot locations.
   *Received a letter from Mr. & Mrs. Croft Harding of Love Road objecting to the airstrip proposed by Robert Mesmer also of Love Road. The town held a scoping meeting with Mesmer last week at which time Town Engineer John Phillips predicted that the town board would act on the proposal within the next 60-90 days. (For more information see the January 25th, 2001 edition of Grand Island E-News)
   *In their closing statements board members congratulated the winners of the Grand Island Chamber of Commerce "Citizen of the Year" awards.
   *Councilman Heftka announced that there will be a series of hearings about the Erie Canal Heritage Association throughout Western New York in upcoming months. Interested parties should contact him at 773-9600.
   Supervisor Peter McMahon announced that there will be a retirement party at the Golden Age Center for outgoing Director Dorothy Rowswell on April 1 from 1-4 p.m. Everyone is welcome.

Town Board Workshop Agenda - March 19, 2001 - 6:30 p.m.

I  Motion for executive session
   A. Legal Advice - Hodgson Russ
II  Agenda Review
   A. Amend Rules of Order
   B. Dog Control Officer
III  New Business
   A. 2000 Interest Earnings
   B. 3380 Staley - Godfrey Letter
   C. 2135 Fix Road - Code Enforcement Memo(s)
   D. Erie County Electrical Co-Op
   E. Driving School
   F. Policy for Use Public Buildings
   G. Local Law - Intro 3 - Dog Control
   H. Local Law - Intro 2 - Ethics
   I. Local Law - Intro Historical Preservation
   J. Snow Plowing - Gilbert Smith Letter
   K. Grand Island Little League - Request for Building at Vets Park
   L. Civil Service - Letter regarding Residency Requirement
   M. Town Historian
   N. Realty Cafe - Staffing
   O. Youth Courth Memo - Boys & Girls Club
   P. Drainage
IV  Continuing Items
   A. DeGlopper Monument - Update Honor Roll
   B. Storm Water - New EPA Rules
   C. Code Enforcement Re-Organization
   D. Pesticide Use on Town Property
   E. Town Hall Signs
V  Roundtable Discussion

Election Reform

   It was announced at the March 5, Grand Island Town Board Meeting that the New York State Assembly Standing Committee of Election Law will hold a Public Hearing 10 a.m. Thursday, March 22 at at the Buffalo and Erie County Public Library Auditorium, One Lafayette Sq., Buffalo, NY.
   The last election cast serious doubt on the accuracy of election equipment in New York and in other states. NYS election machines are more than 40 years old and are no longer being manufactured.
   NYS Assembly Committee on Election Law Chairman David Sidikman will be present to accept testimony from the public in order to improve the election process.
   Oral comments will be limited to 10 minutes or less. Ten copies of prepared comments are requested by the committee. Requests to testify should be made on forms supplied by Assembly Member Sidikman's office (phone) 518-455-5456 or may be obtained at the library on the day of the event. Testimony will be given in the order received.
   If readers wish to send comments about the election process, but cannot attend the meeting they may mail comments to Assembly Member David Sidikman, Legislative Office Building LOB 921, Albany, NY 12248.

Low Income Residents To Be Offered Home Buyer Assistance

   Supervisor Peter A. McMahon was informed of the following information by Thomas J. Dearing, Community Planning Coordinator out of the office of County Executive Joel A. Giambra, Department of Environment & Planning.
   The County of Erie, in partnership with HSBC Bank, has received $234,340 in funding assistance from the Federal Home Loan Bank of New York. The monies will be combined with $125,000 in County HOME funds and approximately $1,700,000 mortgage set aside by HSBC to allow twenty-five (25) low-income families the opportunity to own a home for the first time.
   Dearing said, "The Program targets assistance to households that do not have the financial ability to participate in our regular First Time Home Buyer Program due to the limited subsidy we are able to provide. This new effort will allow fifteen (15) families having annual incomes that are 50% or less of the County median and ten (10) families with incomes between 51% and 65% of the above-mentioned median, the financial assistance necessary to purchase a home."
   Dearing's letter to the Supervisor stated that "Since the Town of Grand Island is one of eleven communities within the Consortium where applicants can purchase a house, I wanted to inform you of this new initiative prior to the commencement of our formal marketing effort. Brochures, informational meetings, and newspaper advertisements will be utilized in March and April to spread the word about he Program."

Rabies Awareness

   The following information has been released by Gregory Butcher, Town Of Grand Island Animal Control Officer.
   Rabies is now common on Grand Island and with spring fast approaching, everyone should be cautious and avoid a suspected rabid animal.
   The particular strand of rabies in this area has affected the raccoon population, but is not limited to them. Raccoons with advanced stages of rabies may act aggressively or be overly friendly with no fear of humans. They may look sick, disoriented or wander aimlessly. Some rabid animals show no symptoms of the illness. Avoid all contact with wild animals and if you suspect any animal is rabid, contact the proper authorities:
Greg Butcher: 774-2726 or pager 470-5286
Erie County Sheriff's Dept.: 662-5554

Town Board Report
March 5, 2001 meeting

By William O'Connor
   Local Law Intro #2, a revised code of ethics, was the subject of a public hearing. It was introduced by Council Members Kevin Rustowicz and Mike Heftka in response to a series of complaints about the town's building department. The law creates an ethics board and addresses how town employees should interact with the public. The law would also give the code more legal status than it has at present.
   Kim Tetreault of Blue Jay Lane spoke in favor of the law saying it is needed to improve the public's perception of the town government.
   Richard Planavsky of Deerwood Lane stated that the law, as written, has defects. He suggested the law should include a time limit on resolving grievances and a procedure for filing them. He also said that the wording of the fund-raising provisions contained "defects." Acting Town Attorney Daniel Spitzer thanked Planavsky for his comments, and said he would look into revising the law.
   The board set a public hearing to amend the Dog Control Ordinance to include enforcement for noisy, barking dogs. Board members also voted to do the paperwork and study the creation of a full-time dog control officer position to replace the current two part-time positions. Republican council members Mary Cooke and Richard Crawford objected to the measure saying that it has not been properly studied and that is more expensive than the current arrangement. Democrat Heftka defended the move noting that he has received a number of complaints lately; and that in 1999, rabies was first found on Grand Island. The motion passed 3-2 along party lines.
   A public hearing was set for Local Law #4, a partial income tax exemption for senior citizens. The law applies to citizens over 65-years-old earning $28,900 or less. They will be able to receive "a percentage assessed valuation exempt from taxation by the Town of Grand Island" from 5% to 50% depending on income.
   The board approved the revised site plan for Sam Long's Landscaping at 2490 Long Road. The plan restricts the amount and size of materials and equipment to be stored at the location and asks Long to improve the visual effect of his property using landscaped birms. Long's attorney, Francis Prichard spoke in favor of the plan, saying the business was at that location for more than 16 years, the Zoning Board of Appeals approved variances for it, and it was recommended by the planning board.
   Attorney Frank Kedzielawa representing Nancy and Joseph Samrany, who own property near the site, said the business is a "contractor's yard" and not a landscaping business. He asked if the board was "voting to put an M-1 use into a B- 2 site." He also noted that the business, with all its heavy equipment, is out of character with the neighborhood.
   The plan was approved 5-0.
   The town took no action on the private airport proposal at 2490 Love Road for Robert Mesmer because there was a positive declaration on its State Environmental Quality Review (SEQR). The positive declaration means the project may have adverse environmental effects which must be addressed. Supervisor Peter McMahon announced that there will be a meeting 2:00 p.m., March 14 at the town hall to discuss the project.
   The board announced that it received $22,203.15 from the State Emergency Management Office for the November 2000 snow emergency. The money comes from the state and federal governments and will be used to reimburse the town for road salt and employee overtime used to clear this year's unusually high snowfall.
   The board voted to suspend the rules to authorize advertising for a part-time employee to fill the Zoning Board of Appeals Recording Secretary position.
   Council Member Mary Cooke advised the audience that on March 14 from 9 a.m. to 4 p.m. applications for the Home Energy Assistance Program will be processed at the Golden Age Center. Only 75 applications will be processed. For more information, contact Erie County Legislator Charles Swanick at 773-1441.

 Wilson Farms Opponents Dominate Board Meeting

By William O'Connor
   Opponents of the proposed Wilson Farms and gas station at the corner of Ransom and Stony Point roads dominated the Monday, March 5 town board meeting (see previous issues of Grand Island E-News for more details about the project). The issue drew more than an hour of sometimes heated discussion.
   The first speaker from the floor was John J. Ottaviano, Special Council to the Town of Grand Island in their dealings with this issue. Ottaviano has to determine whether new traffic and environmental impact studies are necessary and advise the board about how they should vote on the issue. He outlined his meetings and communications with the Grand Island Planning Board, NYS Department of Environmental Conservation (DEC), Parkland Enterprises and Tops (the developers), and from "concerned citizens" opposing the project.
   "The site plan will require several changes which will also necessitate the matter be returned to the Planning Board for further consideration...That is the only formal action I recommend that the (town) board take," said Ottaviano.
   Ottaviano also said that no town or planing board member has "attempted to influence my decision in any way." He also asked that the "concerned citizens" contact him through Joan Arki of Ransom Road. to avoid duplication of effort.
    "Residents have major concerns," said Arki, who spoke next about the issue. She urged the town board to "look at alternatives" to the project. Arki sent a five-page letter to the DEC outlining case law and state law that would give the town reasons to order a supplemental Environmental Impact Statement (EIS). There were five cases eluded to in the letter in which towns were sued for not ordering an EIS, according to Arki.
   Nancy Killian of Ward Park resides adjacent to the Wilson Farms on Love Rd. She claims that since the store raised its parking lot one foot in the mid 1990's, it caused flooding problems in her yard as well as her neighbor's. Tops admitted they caused the problem and suggested a solution, but demanded that the two affected property owners pay for 1/4 of the cost each, according to Killian. She also claims that trash generated from the business keeps accumulating in her yard.
   Scott Tetreault of Blue Jay Lane spoke on behalf of William Lock of Regency Dr. about the "huge strip mall" that was proposed eight years ago for that corner. It was opposed by 500 people. The current proposal has generated 650 signatures against it. Property values and public safety would be harmed by the project according to Tetreault.
   Jennifer Dzielski of Stony Point Road asked if the town told Ottaviano not to speak with residents about the proposal.
   Town Supervisor Peter McMahon replied that Ottaviano had not been instructed to do so.
   Dzielski said she and others had "sacrificed a great deal of personal time" dealing with the proposal, and that the only time "issues are discussed is when we are in your faces."
   The town board "rolled over and played dead " for Tops when they built a road from Baseline to Grand Island Blvd.; then they asked for the town's approval afterwards, said Eileen Cobello of Tracey Lane. She added that she is raising five children and is very worried that the town will approve the project, adversely effecting the value of her property.
   "I, too, am one of the residents who has lost faith in our town government," said Kim Tetreault of Blue Jay Lane. She accused the town board of "political games" and "back stabbing." In spite of the fact he is being paid "with our tax dollars,...John Ottaviano would not accept any calls from our group, when we know he has been in direct contact with the lawyers from the other side," she said.    She noted that Town Engineer John Phillips met for five hours with the DEC and the developers. She questioned the appropriateness of that meeting and asked for written information regarding it.
   She asked if any of the developer's representatives were at the meeting; they were not. Then she asked, "To the representatives from Tops... I ask you - is placing a Wilson Farms here... worth all of this aggravation? (Is it)...worth all the public sentiment, the lost business to Wegman's, the very real potential for a boycott and public picket?"
   She presented the board with a petition with 677 signatures opposing the project and asked the board members to "come down now to the floor to join the residents who oppose this project..."
   After a long uncomfortable pause, Council Member Dick Crawford replied that the board has to consider opinions from the advisory boards and collect facts before they could reach any decision.
   Scott Tetreault asked that the board use "common sense" that the "overwhelming" majority were willing to sign the petition against the project. He also thanked the concerned citizens for their efforts and mentioned the group's website islandersdocare.terrashare.com.
   The board voted 5-0 to refer the project back to the planning board.

Red Cross Month


Fred Claus photo
A proclamation was read at the Monday's March 5 town board meeting recognizing American Red Cross Month. Pictured above are Councilmen Kevin Rustowicz and Mike Heftka, Supervisor Peter McMahon, President Grand Island Branch Anne Bieniulis, Coordinator for Blood Volunteers Melanie Koch and Councilmen Mary Cooke and Richard Crawford. Ms. Bieniulis and Ms. Koch accepted the proclamation on behalf of the 26 members of the Grand Island Red Cross branch. The American Red Cross, since 1905, has been the lead voluntary agency for assistance during national and international emergencies.

Recreation Department Unveils
Plans For $7.5 Million Facility

By William O'Connor
   Plans for a 7.5-8 million dollar, 75,000 square foot facility were introduced to the Grand Island Town Board at their workshop session Monday, March 5. The Recreation Department and an ad-hoc committee were commissioned by the town board last September, to study the community's needs for a facility to be built at Veterans' Park on Bedell Road.
   The report was introduced by Recreation Director Linda Tufillaro and Recreation Department Member John Gorton. It includes a multi-purpose gymnasium, multi- purpose turf area, lap pool (for fitness and athletics), a splash pool or "SprayGround" for youth activity, walking/running track, locker rooms, a young adult social room/community meeting room, administrative offices, and a park maintenance area. Floor plans and a architect's rendering of the facility from the firm Davison, Smith, and Certo were also provided for consideration.
   "The facility we envision is modest, yet large enough to meet the needs of the majority of our Grand Island population," the report said. The building is to be built with a combination of public and private funds.
   The committee addressed the diverse needs of the community when they put the project together, Gorton said. "It wouldn't be right to accommodate one group and not another," said Council Member Mike Heftka, Recreation Board Liaison.
   "Since affordability has not been fully considered in the evaluation, it is envisioned that an agreement be reached as to an affordable dollar amount and the ad-hoc committee be given a set time to raise funds to expand the base facility. A period of 12 months would be our recommended target time frame," according to the report.
   The town may have only "beer money," not enough to support this "champagne project," said Council Member Dick Crawford.
   The town board and recreation committee will meet and discuss the project in the near future.
   In 1999 a referendum requesting voters to support a bond for construction of a similar, larger facility including an ice rink was narrowly defeated.

GI Participates in "Towns" Meeting

By William O'Connor
   For the third year in a row, Grand Island Supervisor Peter A. McMahon attended the American Association of Towns' meeting held February 17-21, 2001 in mid-town Manhattan. It allowed approximately 2,000 leaders from towns across New York to share their ideas and learn from each other. It is separate from the annual mayors' conference which is geared more for large municipalities.
   Guest Speakers included US Senators Hillary Clinton and Charles Schumer, NYS Attorney General Eliot Spitzer, Lieutenant Governor Mary Donahue and State Comptroller Carl McCalls.
   Daily workshops from 8:00 a.m. to 5:00 p.m. featured topics such as effective budgeting, regulatory updates of wetland laws, E-Government, zoning for open space, and the state's new building code.
   Grand Island was also represented at the meeting by Town Justice Sybil Kennedy and Town Attorneys Daniel Spitzer and Peter Godfrey. McMahon would have liked more representatives from the town to attend, but hotel costs (more than $190.00 per day)and food costs prevented a larger Grand Island presence.
   Spitzer and Godfrey presented a workshop on personnel issues which was well attended and "pretty interesting," according to McMahon.
   In addition to the workshops, the Association adopted 16 non-binding resolutions for the consideration of NYS Governor Pataki and the Legislature. They include increased funding for library services; highway repairs (necessary due to the defeat of the Transportation Bond Act); building code enforcement (money earmarked for this purpose was used for "General Fund purposes since 1992," according to the Association); and tax exemptions for property, forestry, group homes, and volunteer firefighters.
   Resolutions were also passed allowing towns to set their own speed limits, charge user fees for emergency services, brownfields redevelopment reform (to rehabilitate polluted lands), improve voter registration, increase the fee for returned checks from $15 to $20, repeal and prohibit costly unfunded mandates, allow more time to make accounting reports to the state, and declare a moratorium on airline mergers.

Town of Grand Island
Advisory Board Opening
   The Town of Grand Island has a vacancy on the Parks & Recreation Advisory Board. Interested parties should submit a letter to:
The Town of Grand Island
Attention Supervisor Peter McMahon
2255 Baseline Road
Grand Island, NY 14072

Please include any relevant experience, education or training. Replies received on or before March 23, 2001 will be considered. For additional information, contact any member of the Town Board.

Part-Time Position - Zoning Clerk
   The Town of Grand Island has a Part-Time Zoning Clerk Position available. The position requires one night meeting the first Thursday of the month (Recording Secretary - ZBA) plus preparing agenda, minutes, legal notices, vouchers, notification of hearing letters and all correspondence. Also, this position requires 19 hours per week as P/T Clerk in the Zoning Department. Microsoft Word 2000 computer knowledge and organizational skills required. All interested persons please respond in writing on or before March 16, 2001.
The Town of Grand Island
Attention Supervisor Peter McMahon
2255 Baseline Road
Grand Island, NY 14072


Planning Board Says EIS Needed For New Wilson Farms


Kim Tetreault spoke on safety concerns in the area of the proposed Wilson Farms store and gas station.
By William O'Connor
   The Grand Island Planning Board disappointed developers Tops Markets and Parkland Development and agreeably surprised area residents by recommending a supplemental Environmental Impact Statement (EIS) and other conditions for approval of the proposed Wilson Farms convenience store and gas station at the corner of Ransom and Stony Point roads.
   Due to the crowd opposing the project, the Monday February 12, 2001 meeting was held in the courtroom instead of the conference room. More than 100 people, including a cadre of lawyers, architects, and all three television networks were in attendance.
   Television crews showed up because they believed Robert Mesmer's Love Road air strip proposal would be considered. The airport proposal was tabled at the end of the meeting, because board members received a good deal of material about it late last week, which they didn't have time to read. The decision to table frustrated Mesmer, his assembled supporters, detractors (15-20 people), and the television crews who waited patiently for nearly two hours.
   GI Town Code requires 12% of the site be to devoted to landscape. Fifty percent of the Wilson Farms site is devoted to landscape; Tops "tried to be a good neighbor," Tops Market Director of Real Estate Ian Williams said. Other features presented by Williams include: a three-foot birm; trees and shrubs; sidewalks for pedestrian traffic; 21 parking spaces (including 6 next to the pumps) and 15 reserve spaces, marked as green space; a canopy 3-foot taller than normal to accommodate boats, 3 feet additional between gas islands for extra maneuverability; a fully enclosed dumpster; capped lighting to reduce glare and cut down on light pollution; a building design to fit in with the rest of the development (a day care building); fire suppression and notification equipment; and environmental safeguards. Williams concluded the project was permitted under B-1 zoning and the size of the project was only 1/7 to 1/8 the size of what is allowed in the parcel.    Tops architect Matthew Moscati detailed the environmental safeguards and other features of the project.
   Attorney Marla Brown, representing Parkland Development, said her client "worked very hard for a very long time" to bring an acceptable development to the community. She repeated some of the features mentioned above and said that it would be "an unfair imposition to talk about new studies."
   Planning Board member John Trianda said the project's proposed sidewalk design represented an "attractive nuisance" which could entice pedestrians into traffic on Ransom or Stony Point Road and suggested the developers change it.
   Planning Board Chairman Gary Roesch asked GI Council member Mike Heftka if the project was reviewed by the Traffic Safety committee. Heftka replied that the committee discussed the project.
   Noting the size of the crowd Roesch asked that opposition to the project be limited to a few speakers and that comments not be repeated, in the interest of time. He also noted that according to state law, petitions should not effect planning or zoning board decisions.
   According to NYS law a supplemental Environmental Impact Statement is needed "if significant modifications have occurred," stated Joan Arki of Ransom Road. The original environmental study didn't include "delivery, storage, or dispensing gasoline." The new proposal has different effects on traffic patterns than the original, Arki said. She added that a supplemental EIS was required for Fujisawa Corporation's most recent project on Staley Road.
  &n

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