A regular meeting of the Town Board of Grand Island, New York was held at the Town Hall, 2255 Baseline Rd., Grand Island, NY at 8:00 PM on the 17th of May, 2004.

 

Present:                      Peter A. McMahon                Supervisor

                                    Mary S. Cooke                     Councilwoman

                                    Richard W. Crawford                         Councilman

                                    Daniel F. Robillard                  Councilman

Patricia Frentzel                         Town Clerk

Peter Godfrey                                    Town Attorney

                        Raymond Dlugokinski             Highway Superintendent

 

Absent:                        Gary G. Roesch                   Councilman

Others Present:            John Whitney, Town Engineer

 

Reverend David Rodgers of Emmanuel Community Church gave the Invocation. 

Councilwoman Mary Cooke led the Pledge of Allegiance. 

Supervisor McMahon called the meeting to order at 8:00PM.

 

PROCLAMATIONS;

The Town Board gave proclamations to Joseph Michael Fusco III and Michael McQuown Seigel in recognition of achieving Eagle Scout. Another proclamation was presented to the Grand Island Fire Company representative Chris Soluri honoring June 2, 2004 as “WNY Firefighter’s Day”. The final proclamation was given to representatives of the VFW recognizing May 27,28, and 29th as Buddy Poppy Days on Grand Island.

 

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.  No residents spoke.

 

APPROVAL OF MINUTES:

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to approve the minutes from Workshop Meeting No. 20, May 3, 2004 and Regular Meeting No. 8, May 3, 2004.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

 

CONSENT AGENDA:

1.    ECIDA – Payments in Lieu of Real Estate Taxes – Agreement 2004  & copy of application for Real Property Tax Exemption – Valmed Pharmaceutical, Inc.

2.    ECIDA - Payments in Lieu of Real Estate Taxes – Agreement 2004  & copy of application for Real Property Tax Exemption – Invitrogen Corporation Project

3.    Building Permits – April 2004

4.    Board of Architectural Review Meeting Minutes – April 12, 2004

5.    Zoning Board of Appeals – Meeting Minutes – April 1, 2004

6.    Golden Age Center – Vehicle Usage – April, 2004

7.    Golden Age Center – Facility Usage – April 2004

8.    Planning Board – Meeting Minutes – April 12, 2004

9.    J.O’Connell & Associates – Grant Application to the NYS Unified Court System Justice Court Assistance Program

10.Erie County’s 2004-2005 Business Assistance Directory

11.Cable TV Committee – Meeting Minutes – May 5, 2004

12.Community Enrichment Council – Meeting Minutes – May 6, 2004

13.Adelphia – Update on Bankruptcy Process

14.Erie County Dept. of Environment & Planning – Quarterly Report

15.Charles Swanick - $8,000 for Coyote Program & Education on Program

16.Economic Development Advisory Board – Meeting Minutes – April 29, 2004

17.NYS DEC – Filling of Federal Wetland Mitigation Area Permit – Fuccillo Toyota Dealership

18.NYS Dept. of Transportation – Designation of Restricted Highway – Grand Island Blvd. from Staley to Long Road through July 10, 2004

19.League of Women Voters – “Impacts of Transportation Policy on Quality of Life” Presentation – May 18, 2004

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the consent agenda. 

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

 

COMMUNICATIONS - TOWN BOARD

SUPERVISOR McMAHON:

Supervisor’s Monthly Report – April, 2004

The Supervisor reported a cash balance of $188,184 on April 1, 2004

Total Receipts of $1,175,637

Total Disbursements of $1,293,726

Operating A/C Balance $70,095

Investment Interest $7,119

Investment Balance $5,482,131

Total Cash Balance as of April 30, 2004 $5,552,226

No action required by Town Board.

 

Adopt Resolution - Patriot Plan Tax Extension for Persons Deployed by the Military

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the Patriot Plan Tax Extension for persons deployed by the military as follows:

            WHEREAS,  by reason of the enactment of 925-d of the Real Property Tax Law, a municipal corporation to which real property tax is owed is authorized, by passing a local resolution, to extend any deadline with respect to the payment of such real property tax without penalties or interest where said tax is owed by a person who has been deployed by the military, or by the spouse or domestic partner of such deployed person, for a real property of such deployed person, and;

            WHEREAS, a “person deployed by the military” is defined in RPTL 925-d to mean a person who has been ordered to active military duty, other than training, for the period beginning with a declaration of war by Congress and ending with a date prescribed by the Presidential proclamation or concurrent resolution of Congress or during any period of combat designated by presidential executive order of hazardous duty, and;

            WHEREAS, individuals who are members of the military make a tremendous sacrifice, especially in times like these when our military personnel are in many locations throughout the world and here in New York fighting against terrorism and the Town Board believes it appropriate to ease some of the burdens that these brave men and women encounter, to allow them to focus their full energy on defending our country;

 

            NOW, THEREFORE, BE IT RESOLVED, that with respect to real property tax owed by a person who has been deployed by the military, or by the spouse or domestic partner of such person, for real property of a person so deployed, any deadline with respect to the payment of such real property tax without penalties or interest shall be extended for a period of ninety days after the end of such deployment; and it is further

            RESOLVED, that the Clerk is directed to prepare and provide certified copies of this resolution to the Erie County Division of Real Property Tax Services and the Assessor of the Town of Grand Island. 

APPROVED            4            Cooke, Crawford, Robillard, McMahon

                        0            Noes

 

Authorize Supervisor to sign Agreement to Participate in Online Permitting Project and Authorize Code Enforcement Officials to Provide Information Needed to Set Up Program

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign, following the approval of the Town Attorney, such agreements as may be necessary, to enable the Town of Grand Island ‘s participation in the Smart Permitting Program.

APPROVED            4            Cooke, Crawford, Robillard, McMahon

0                    Noes

 

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize Code Enforcement Officials to provide the detailed information needed to set up the Smart Permitting Program for Grand Island

APPROVED            4            Cooke, Crawford, Robillard, McMahon

0                    Noes

 

Resolution Opposing Elijah’s Law

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to send a letter to the NY Assembly Committee on Agriculture and copy Assemblyman Sam Hoyt expressing opposition to the proposed Elijah’s Law.

APPROVED            4            Cooke, Crawford, Robillard, McMahon

                        0            Noes

 

Formation of Public Safety Advisory Board

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to establish a “Public Safety Advisory Board”.  Membership would include theTown Supervisor serving as Chair, two members of Town Board by annual appointment, the Traffic Safety Advisory Board Chairman or representative, the Grand Island Citizens Corps Council Chair or representative, Certified team leader(s) or representative, Fire Chief, or representative, Officer in charge – Grand Island Police Department, or representative, Town Engineer, or representative, Six Members at Large from the general public – two per year with three year terms. The Public Safety Advisory Board would have a broad scope of interest for any matter(s) impacting public safety.  One major and current responsibility would be a review and updating of the Town’s Comprehensive Emergency Plan.  An all hazard C.E.P. is a requirement of new DHS/FEMA regulations.  We are a participant in the Erie County C.E.P. but are responsible for town specific risk/hazard analysis among other items which are required in the County C.E.P.  The motion further authorizes the Supervisor to advertise for At Large Members with a deadline for replies of June 1st, 2004.

APPROVED            4            Cooke, Crawford, Robillard, McMahon

                        0            Noes

Clerk Typist – Accounting/Water Billing Position

Supervisor McMahon reported that the canvass of the Civil Service list was completed.    A total of eight names were canvassed due to scoring ties.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to appoint Diane Nesbitt of 1467 East Park Road to the vacant Clerk Typist position in the Accounting/Water Billing Department effective June 1, 2004 at Grade 8, Step B.

APPROVED            4            Cooke, Crawford, Robillard, McMahon

                        0            Noes

 

NYS Division of Criminal Justice Services – Agreement for Access to DNA records in the State DNA Index System

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to sign the agreement between Grand Island Town Police Department, the New York State Police and the Division of Criminal Justice Services for access to DNA records in the State DNA Index System.  This agreement allows for the timely exchange of information between JCJS and the police, subject to the review of the Town Attorney.

APPROVED            4            Cooke, Crawford, Robillard, McMahon

                        0            Noes

 

COUNCILMAN RICHARD CRAWFORD:

Traffic Safety Advisory Board Liaison – Recommending Speed Reductions – Long Rd., Ransom Rd., Whitehaven Rd., Alvin Rd.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set up a meeting with Maria Lehman to recommend speed reductions from 55mph to 45mph on Long Road west of Grand Island Blvd., Ransom Road east of Sturbridge, Whitehaven Road west of Alvin Rd, Whitehaven Road west of Stony Point Rd. and Alvin Road. 

APPROVED            4            Cooke, Crawford, Robillard, McMahon

                        0            Noes 

Traffic Safety Advisory Board Liaison – Recommending Speed Reductions – Town Hall Terrace Public Roads

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing to hear residents comment in favor of or in opposition of Parking Restrictions in Town Hall Terrace on existing Town Homes #2129 to #2139 for Monday June 7, 2004 at 8:00p.m.

APPROVED            4            Cooke, Crawford, Robillard, McMahon

0                    Noes 

COUNCILMAN – GARY ROESCH;

Request to Change Name of Cable TV Committee to Communication Committee

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to change the name of the Cable TV Committee to Cable & Communications Committee.

APPROVED            4            Cooke, Crawford, Robillard, McMahon

                        0            Noes 

COMMUNICATIONS - OTHER OFFICIALS

TOWN CLERK – PATRICIA A. FRENTZEL

Special Use Permit Renewal – Sprint Sites USA – 3078 Staley Road

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to renew the Special Use Permit for Sprint Sites, USA for the use of a communications tower at 3078 Staley Road.  The site has been inspected and is unchanged.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

Special Use Permit Renewal – Sprint Sites USA – 318 Baseline Road/Water Plant

A motion was made by Councilman Crawford, seconded by Councilman Robillard to renew the Special Use Permit for Sprint Sites, USA for the use of a communications tower at 318 Baseline Road.  The site has been inspected and is unchanged.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

Special Use Permit Renewal – Larry Braddell & Bev Davey – 2749 Grand Island Blvd.   

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard, to renew the Special Use Permit for Larry Braddel & Bev Davey for a restaurant located at 2749 Grand Island Blvd.  The site has been inspected and is unchanged.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

Special Use Permit Renewal – David & Laurie Williams – 2175 Staley Road – Agricultural/Keeping up to 3 Horses

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to renew the Special Use Permit for David & Laurie Williams for the keeping of three (3) horses.  The site has been inspected and is unchanged.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

Special Use Permit Renewal – Leo & Elizabeth Hopkins – 555 Ransom Road – Agricultural/Nursery/Keeping up to 5 Horses

A motion was made by Councilman Robillard, seconded by Councilman Crawford to renew the Special Use Permit for Leo & Elizabeth Hopkins for the keeping of five (5) horses and for agricultural use.  The site has been inspected and is unchanged.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

 

Special Use Permit Renewal – Daniel & Marge Robillard – 423 Ransom Road – Agricultural Use

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to renew the Special Use Permit for Daniel Robillard for agricultural use at 423 Ransom Road.  The site has been inspected and is unchanged.  Robillard abstained because he owns the property.

APPROVED            Ayes    3          Cooke, Crawford, McMahon

                        Noes    0

                        Abstain 1            Robillard

 

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Summer Part Time Hire – Andrew Savoy Burke – 2285 West River Road– Starting May 17, 2004 at $8.50 per hour

For Information Only:  No action required.

 

Authorization to Allow Staff Member to Sell Back 3 Weeks Vacation

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve a staff member to sell back three weeks vacation time due to scheduling conflicts. 

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

TOWN ENGINEER - JOHN WHITNEY:

Renewal HVAC Preventative Maintenance Contract – Town Hall

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve renewal of the HVAC Preventative Maintenance Contract with M.J. Mechanical Inc. for $3,650.  The hourly rates for regular service have increased from $55/hr. to $56/hr.  The hourly rates for emergency service have remained the same at $83/hr.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

 

Budget Transfer to Purchase Engineering Plotter

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve a budget transfer from account 001-9785-0600 for $5,200 and $650 from account 001-9785-0700 to 001-1440-0200.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

 

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the budget amendment to increase account 001-0001-999 and 001-1440-0200 by $2946.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

 

Hire Summer Intern – Engineering and Highway Departments

A motion was made by Councilman Crawford, seconded by Cooke to hire Kasey Morgan, 32 Custer Street, Buffalo at the rate of $11.00 per hour effective June 1, 2004 as a summer intern to perform various tasks in the Engineering and Highway Departments.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

 

Hire Principal Engineer Assistant

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to hire Hakim Hawramee, 811 Robin Road, Amherst at a Principal Engineer Assistant at Grade 8 start rate of $23.23/hr effective June 1, 2004 on a contingent permanent basis to fill a vacant position vacated by Spencer O’Boyle.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes           

TOWN ASSESSOR – DAVID UNMACK:

Schedule Assessment Grievance Day – Thursday, June 3, 2004

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to schedule Thursday, June 3, 2004 as Assessment Grievance Day. 

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

DIRECTOR OF RECREATION – LINDA TUFILLARO

Budget Transfer for Part Time Seasonal Staffing in Parks

A motion was made by Councilman Crawford, seconded by Councilman Robillard to approve the budget transfer of $7,500 from 7310.100 (Youth) to 7110.100 (Veteran’s Park).

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the hiring of 3 Maintenance and 5 Program part-time seasonal staff.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

COMMUNICATIONS – GENERAL:

Floyd Doring – Metro Chubb Real Estate Group – 2119 Grand Island Blvd.  Request to close West River Service Road on June 19th for Benefit Walk

A motion was made by Councilman Robillard, seconded by Councilman Crawford to approve the request to close the West River Service Road between Long Road and Staley Road on June 19, 2004 for a benefit walk for Meaghan Grotz, subject to the approval of NY State.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

Erie County Legislature – Charles Swanick – Local Law Intro No. 2 – Erie County DWI/DWAI Vehicle Impoundment Law

For Information Only:  No action required.  

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to pay Vouchers #75716-75847:

General     $72,841.45

Highway     $65,357.72

Sewer     $13,071.27

Water     $  6,117.08

Capital     $54,050.51

Garbage     $62,082.65

Total            $273,520.68

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes           

SUSPEND THE RULES:

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to suspend the rules to consider six items submitted by the Planning Board.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

PLANNING BOARD:

Ransom Village – Section 4D (22 Lots) Final Plat Approval

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke for Final Plat Approval of 22 Lots, Section 4D at Ransom Village. 

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

Proposed Commercial Plaza – Site Plan Approval –– 1738 Grand Island Blvd.

A motion was made by Councilman Robillard, seconded by Councilman Crawford for Site Plan Approval of a Proposed Commercial Plaza located at 1738 Grand Island Blvd.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

Grand Park Vue Subdivision – Section IV (20 Sublots) – Conditional Plat Approval

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve a Conditional Plat for 20 sublots at Grand Park Vue Subdivision – Sect. IV.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

Grand Island Physical Therapy – 1801 Grand Island Blvd. – Site Plan Approval

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the Site Plan for Grand Island Physical Therapy – 1801 Grand Island Blvd.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

James Lorentz/Elsie Clark – 2555 Staley Road – Request Waiver to Subdivision Regulations

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the waiver of subdivision regulations by James Lorentz and Elsie Clark – 2555 Staley Road.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes           

Island Meadows Subdivision – Sections 3A &3B (45 Sublots) Conditional Plat Approval

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve a Conditional Plat for Island Meadows Subdivision – Sections 3A & 3B (45 sublots).

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0 

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding Town government on any subject.   No residents spoke. 

FROM THE TOWN BOARD:

Councilwoman Cooke commented that the Patriot Plan is for deployed military personnel to have late fees waived for 90 days.  Written comments will be accepted for the Public Hearing on June 3rd.  Memorial Day Services Schedule will be available at the Town Clerk’s office.  DeGlopper Park Ceremony will begin at 10am.

 

Councilman Crawford relayed that the Traffic Safety Board asks drivers to be safe and aware of bikes and stopped school buses.

 

Councilman Robillard commented that is it nice to see building action on the Boulevard.

 

Supervisor McMahon wishes everyone a safe Memorial Day Holiday. 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the meeting at 8:44P.M.

APPROVED            Ayes            4            Cooke, Crawford, Robillard, McMahon

                        Noes            0

A moment of silence was observed in memory of the following.

Patricia McKenna       Elizabeth Swann       William Lock

Marvin Voelker                        Dorothy Erling                                    Gerda Miller

Nina Hurley                          

 

Respectfully Submitted,  

Patricia A. Frentzel
Town Clerk