Town of Grand Island - Regular Meeting #3

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 7^th of February 2005.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Daniel F. Robillard Councilman

Gary G. Roesch Councilman

Patricia A. Frentzel Town Clerk

Peter Godfrey Town Attorney

Also Present: Raymond Dlugokinski Highway Superintendent

John Whitney Town Engineer

Reverend Douglas Stewart from St. Timothy Lutheran Church gave the Invocation.

Councilman Daniel Robillard led the Pledge of Allegiance.

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

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 Councilwoman Cooke, seconded by Councilman Robillard to approve minutes of Regular Meeting #2, January 18, 2005, minutes of Workshop #2, January 14, 2005, minutes of Workshop #3, January 18, 2005, and minutes of Workshop #4, January 21, 2005.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

PUBLIC HEARING: 8:00PM

Petition to Establish Lighting District #45 – Ransom Village Subdivision Section 4D

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed Petition to Establish Lighting District #45 – Ransom Village Subdivision Section 4D

Residents who spoke in Favor: None

Residents in Opposition: None

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution creating Lighting District #45 – Ransom Village Subdivision Section 4D as follows:

WHEREAS, previously the Town Board of the Town of Grand Island, received a petition, signed and acknowledged in the manner required by law by a sufficient number of property owners, together with a map, plan and report for the creation of the Ransom Village, Section 4D Lighting District No. 45, Town of Grand Island, the boundaries of which said district are set forth below, and the improvements proposed consist of an electric street lighting system serving said district, and

WHEREAS, pursuant to an Order adopted by this Town Board on February 7, 2005, reciting the filing of the map, plan and report, the improvements proposed, the method of financing, the boundaries of the proposed Creation and all other matters required to be stated by law, the Town Board of the Town of Grand Island held a duly noticed public hearing at the Town Hall, 2255 Baseline Road, Grand Island, New York, at 8:00 p.m. on February 7, 2005, to consider creation of said district including the environmental significance thereof and to hear all persons interested in the subject thereof, concerning the same, and for such other and further action on the part of said Town Board, with relation to the proposed district.

NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND as follows:

Establishment of the Lighting District will not have a significant adverse impact on the environment and therefore a Negative Declaration of Environmental Significance has been issued for the creation of this District.

That the Petition is signed and acknowledged or proved or authenticated as required by law, and is otherwise sufficient.

That the notice of public hearing was duly published and posted as required by law, and is otherwise sufficient.

That all properties and property owners benefited by the improvements are included in the District.

That all properties and property owners included in the District are benefited thereby.

That it is in the public interest to create the Lighting District.

That creation of the District as set forth in the map, plan and report is approved, that the performance of supplying electrical street lighting service be contracted for by the Town Board acting for and on behalf of the District for the illumination of streets or highways in said District pursuant to the provisions of New York Town Law § 198(6), with an annual total charge not to exceed $2,399.21, which said expense shall be levied and collected from the several lots and parcels of land within said District, as bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island, County of Erie, State of New York, being part of Lot 79 of the Holland Land Company’s Survey and more particularly described as Subdivision Lots No. 168 through 177 and 205 through 215 as shown on a certain Map Cover entitled “Ransom Village Section 4D” recorded in the Erie County Clerk’s Office in Map Cover 3209.

This Resolution is effective immediately. Within ten (10) days after adoption the Town Clerk shall file one certified copy of this Resolution with the State Comptroller and the Office of the Erie County Clerk.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

CONSENT AGENDA:

1. Reality Café – Attendance - July 2004 – December 2004

2. United States Bankruptcy Court Southern District of New York – Adelphia Communications Corporation, et al.

3. Meeting Minutes – Economic Development Advisory Board – January 13, 2005

4. Adelphia – Changes to Current Programming Options

5. Adelphia – Programming Fees and Services

6. Meeting Minutes – Grand Island Memorial Library Board of Trustees Meeting – December 13, 2004

7. Meeting Minutes for June, September, October, November and December 2004, Erie County Environmental Management Council Annual Report and GBNRTC Newsletters, Greater Buffalo Niagara Regional Transportation Council – Spring Fall & Winter

8. Adelphia – Closing of Empire Sports Network

9. Building Permits – January 2005

10. Golden Age Center – Vehicle Usage - January 2005

11. Community Planning Coordinator – Public Review of Draft 2005-09 Consolidated Plan and 2005 Annual Action Plan Component

12. County of Erie – Report Regarding Apportionment and Distribution of 4% Sales Tax Net Collections for January 2005Building Permits – December 2004

13. Meeting Minutes – Community Enrichment Council – January 20, 2005

14. Western New York Section American Planning Association – APA Training Session

15. New York State Office of Parks, Recreation and Historic Preservation – PKS-02-NI-093 $2,000 - Approved Contract

16. County of Erie – Department of Environment & Planning – Assignment of New Planning Staff Member to Assist Grand Island

17. The Assembly State of New York Albany – Approval for 2005 Capital Community Assistance Project Funding - $50,000

18. Golden Age Center – Facility Usage – January 2005

19. David M. Unmack, IAO – Quarterly Summary of Assessment Services

20. Phillips Lytle, LLP – Seneca Nation of Indians et al vs. The State of New York et al

21. Meeting Minutes – Traffic Safety Advisory Board – December 15, 2004

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

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Supervisor to Sign Quality Communities Grant

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the 2005 Quality Communities Grant application, and subject to the approval of the Town Attorney, execute such contracts or agreements necessary to complete the grant.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Authorize Supervisor to Order Replacement Police Car

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to order the 2005 Chevrolet Tahoe police patrol car. The funds are in the 2005 budget. The cost will be approximately $6,000 more than the Crown Victoria.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Appointments – Water and Wastewater Departments

Dan Moran passed the civil service exam for Sr. Water Treatment Plant Operator. He was number one on the list. He is currently serving in the position, on a provisional basis.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to appoint Dan Moran Sr. Water Treatment Operator Permanent.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Wayne Clinton passed the civil service exam for Director of Water and Wastewater. He was number one on the list. He is currently serving in the position, on a provisional basis.

A motion was made by Councilman Crawford, seconded by Councilman Robillard to refer the appointment to the Town Board.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Authorize Supervisor to Advertise for Vacancies – Zoning Board of Appeals

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize the Supervisor to advertise for two vacancies on the Zoning Board of Appeals.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Approve Revised Tower Permit

A revised Tower Permit was distributed to the Town Board for approval. The revisions are as follows: A line at the top of the form indicating whether it is an initial application or a renewal. A sentence in the note section that explains those renewal requests do not require Planning Board approval. A block of space at the bottom to facilitate record keeping.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to approve the revised Tower Permit application.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Abstain 1 Robillard

COMMUNICATIONS – OTHER OFFICIALS:

TOWN ATTORNEY – PETER GODFREY

Authorize Supervisor to Sign Erie County Assessment Contract

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to sign the Erie County Assessment Contract with no increase over 2004.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Authorize Supervisor to Sign Beaver Island State Park Sanitary Sewer Contract

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the Beaver Island State Park Sanitary Sewer Contract Addendum #23 – C077050 at a rate of $7.83 per 1,000 gallons of water.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Authorize Supervisor to Sign Beaver Island State Park Water Supply Contract

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to sign the Beaver Island State Park Water Supply Contract Addendum #22 – C051982 at a rate of $3.74 per 1,000 gallons of water.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

TOWN ENGINEER - JOHN WHITNEY:

Site Plan Approval – American Pharmaceutical Partners, Inc. – 3159 Staley Road

A modified site plan for the construction of an equipment platform to house two chillers was submitted to the Town Engineer and the Code Enforcement Officer. The modifications to the existing site plan are minor in nature and the Town Engineer and Code Enforcement Officer recommend the approval.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Site Plan approval for American Pharmaceutical Partners, Inc.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Authorize Owner/Engineer Agreement – Bike Trail Connect Project

A proposal by TVGA Consultants outlining the scope of services for work to be done in the administration and construction phase of the Bike Trail Connect Project was submitted to the Town Engineer.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to execute the agreement subject to the approval of the Town Attorney and at cost of $79,996, which are built into the Tea-21Grant.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Final Plat Approval – Majestic Woods Subdivision – Phase II – Set a Public Hearing

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to set a Public Hearing for Monday, March 7, 2005 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the proposed Final Plat Approval – Majestic Woods Subdivision – Phase II.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Standard Waterline Details Sheet – Standard Sanitary Sewer Details Sheet

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the revised Standard Waterline Details and Standard Sanitary Sewer Details Sheets for the Town of Grand Island.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

Change Order #1 – Marilyn Dr. Drainage – Job No. D-32

Knab Bros. have submitted a credit change order for restoration and landscaping for the Marilyn Drive Drainage Project in the amount of $2,000 because the work was completed by others, resulting in a zero dollar net effect.

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve the change order.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

COMMUNICATIONS – GENERAL;

County of Erie, Joel A. Giambra – Approval of Golden Age Center Improvement Project - $90,000

Communication was received from Erie County informing the Town that funding assistance through the Erie County Consortium Community Development Block Grant Program has been approved for the Golden Age Center Improvement Project in the amount of $90,000. No action required by the Town Board.

Goldberg Segalla, Attorneys at Law – Smith Ventures, LLP – Property Development Along Whitehaven Blvd.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the communication from Goldberg Segalla, Attorneys at Law regarding Smith Ventures, LLP; a proposal to extend Bonnywoods Crossing to the Planning Board, Town Board and Town Attorney for review and recommendation.

APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon

Noes 0

CT Enterprises, LLC – Rename Road – Cluster #15-#21 to Whiteoak Terrace

Communication was received stating