A regular meeting of the Town Board of Grand Island, New York was held at the Town Hall, 2255 Baseline Rd., Grand Island, NY at 8:00 PM on the 7th of March 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:              John Whitney                                   Town Engineer 

 

Reverend David Rodgers from Emmanuel Community Bible Church gave the Invocation. 

Councilman Gary Roesch 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.

Residents who spoke:

Joan Arki, 1412 Ransom Rd.                    Re: Parkland Enterprises; drainage, traffic, aesthetics

John Tripi, Jr. 1655 Whitehaven Rd.            Re:Spot Rezoning – 1282 Stony Point Rd.

Marla Brown -

Attorney for Parkland Enterprises            Re: Title Issues, Corporate Restructuring

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Robillard to approve minutes of Regular Meeting #3, February 7, 2005, minutes of Workshop #5, February 7, 2005, minutes of Workshop #6, February 14, 2005, minutes of Workshop #7, February 16, 2005 minutes of Workshop #9, February 28, 2005 and minutes of Workshop #10, March 1, 2005.

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

                        Noes            0

 

PUBLIC HEARING: 8:00PM

Final Plat Approval – Majestic Woods Subdivision – Phase II

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 Final Plat Approval – Majestic Woods Subdivision – Phase II

Residents who spoke in Favor: Robert Pidanick, 4950 Genesse Street, Buffalo

Residents in Opposition: None

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table the proposed Final Plat Approval for Majestic Woods Subdivision Phase II pending review by the Town Board.

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

                        Noes            0

 

 

 

CONSENT AGENDA:

1.      Meeting Minutes – Grand Island Citizen Corps Council – December 7, 2004

2.      Meeting Minutes – Grand Island Youth Board – February 3, 2005

3.      Meeting Minutes – Grand Island Youth Board – February 10, 2005

4.      Meeting Minutes – Board of Architectural Review – January 10, 2005

5.      Meeting Minutes – Economic Development Advisory Board – February 10, 2005

6.      Meeting Minutes – Planning Board – January 10, 2005

7.      Meeting Minutes – Traffic Safety Advisory Board – January 11, 2005

8.      American Farmland Trust – Purchase of Development Rights Workshops

9.      County of Erie, County Executive – State of the County Address -Postponed

10.  State of New York Public Service Commission – Notice of Public Statement Hearings on National Fuel Gas  Distribution Corporation’s Proposed Gas Service Rate Increase

11.  Selective Insurance Company – Claim #20374663

12.  County of Erie, Department of Environment & Planning – Property Owners Requesting Inclusion Into Agricultural District

13.  Erie County Environmental Management Council – County Executive Energy Achievement Award Program

14.  Empire State Development – American Pharmaceutical Partners, Inc. Project, Public Hearing

15.  Greater Buffalo-Niagara Regional Transportation Council – Notice of GBNRTC-PCC Meeting

16.  New York Power Authority – Draft Application for a New License for the Niagara Power Project (Project) & Draft Preliminary Draft Environmental Assessment (PDEA)

17.  Golden Age Center – Vehicle Usage – February 2005

18.  Golden Age Center – Facility Usage – February 2005

19.  Building Permits – February 2005

20.  County of Erie – Report Regarding Apportionment and Distribution of 4% Sales Tax Revenue Received for February 2005

21.  Elizabeth Bunich – Quality Communities Grant

22.  New York State Office of Real Property Services – Residential Assessment Ratio

23.  Erie County Department of Environment and Planning – Niagara County Training for Local Officials

24.  County of Erie, Department of Environment and Planning – Proposed 2006 Federal Budget and Impact on the Community Development Program

25.  New York State Department of Environmental Conservation, Division of Water – Update The Flood Insurance Rate Maps In Community

26.  New York State Department of Environmental Conservation – Notice of Incomplete Application – Proposed Permit Modification – MLR #904-3-06-0678 – DEC #9-1446-00073-00004

 

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

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

                        Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Supervisors Report – January 2005

The Supervisor reported a cash balance of $182,249 on January 1, 2005

Total Receipts of $1,352,536

Total Disbursements of $1,507,184

Operating A/C Balance $27,666

Investment Interest $4,299

Investment Balance $2,350,575

Total Cash Balance as of January 31, 2005 $2,378,240

No action required by Town Board.

 

Supervisors Report – February 2005

The Supervisor reported a cash balance of $27,665 on February 1, 2005

Total Receipts of $5,698,474

Total Disbursements of $5,659,801

Operating A/C Balance $66,391

Investment Interest $8,172

Investment Balance $6,507,563

Total Cash Balance as of February 28, 2005 $6,573,953

No action required by Town Board.

 

Half Marathon- April 23, 2005

A motion was made by Councilman Crawford, seconded by Councilman Robillard authorizing the Recreation Department and the Police Department to participate in the Greater Buffalo Track Club’s Half Marathon on April 23, 2005 at 9:00a.m.

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

                        Noes            0

 

Sprint Towers – Authorization to Sign Estoppel Agreements

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign Estoppel Agreements with Global for Towers          0495-BU03XC024 and 0496-BU03XC025 subject to approval of the Town Attorney and to seek town-wide network access for official use.

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

                        Noes            0

Water Meter Replacement Program – Local Law Intro #2/2005 – Set Public Hearing

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to set a Public Hearing for Monday, March 21, 2005 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against Local Law Intro #2/2005 to consider a proposed local law amending Chapter 48A of the Town Code entitled “Water.”  The proposed local law addresses responsibility for and penalties for tampering with meters, procedures and fees for final billings, and the ownership, sale and resale of water meters.

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

                        Noes            0

 

Community Enrichment Council – Appointment

A motion was made by Councilman Roesch, seconded by Councilman Crawford to appoint Stephanie Cowart, 859 Carter Creek to the Community Enrichment Council with a term to expire December 31, 2005.

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

                        Noes            0

 

2005 Tax Rates

For information purposes only.  No action required by Town Board.

 

Local Law Intro #1/2005 – Stop Signs

The Traffic Safety Advisory Board reviewed comments from the Public Hearing that was held on January 18, 2005.  The Advisory Board recommends the installation of stop signs as requested except at Dolphin and The Commons.

A motion was made by Councilman Crawford, seconded by Councilman Robillard to adopt Local Law #1/2005 and authorize the installation of stops signs at the following intersections:  Blackmon & West Park (southwest corner), Tracey Lane & Park (northeast corner) and Sawmill – all way stop.

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

                        Noes            0

 

Long Range Planning Committee – Appointment

Following completion of the Town Wide Zoning Amendments in 2004, the Town is now ready to begin a review of the Comprehensive Master Plan.  The Master Plan assigns the responsibility for review to a Long Range Planning Committee.

The Long Range Planning Committee should have representation from each local board or committee, which has jurisdiction or authority for growth management issues or community services within the Town.  At the discretion of the Town Board this committee may be supplemented with representatives of the community, from neighborhoods or groups.

 

The nine voting members shall include a representative of the following boards, committees and/or groups.

Town Board -            Planning Board - Zoning Board of Appeals -             Commission on the Conservation of the Environment - Traffic Safety Advisory Board -             Economic Development Advisory Board - Parks & Recreation Advisory Board - Chamber of Commerce (representative) -             Community at Large (representative)

The twenty-four non-voting members shall include:

Remaining four members of the Town Board - Remaining six members of the Planning Board - Highway Superintendent - Town Engineer -            Director Parks & Recreation - Advisory Board - Representative Architectural Review Advisory Board - Public Safety Advisory Board - Youth Advisory Board - Historical Preservation Board - Code Enforcement Officer -             Representative Grand Island Central School District - West River Home Owners Association - Ferry Village Area Residents - Representative Quality Quest - Community at Large (2)

 

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to create a Long Range Planning Committee with nine voting and twenty-four non-voting members. 

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

                        Noes            0

 

Accident Claim

A Town snowplow caused $854.25 damage to an automobile, which is owned by Michael Pusatier, 101 Jamestown.  The Town’s insurance carrier has denied the claim because hazard vehicles, actively engaged in work, are exempt from liability.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to reimburse Mr. Pusatier for the damage subject to a signed release approved by the Town Attorney.  The Town Attorney is further instructed to contact the Insurance company to seek reimbursement.

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

                        Noes            0

 

 

Tax Cancellations and Refunds for 2004 – Town Expenditures

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the correspondence from Erie County Division of Budget, Management and Finance for the scheduled amount of $19,254.97 in Town Expenditures of Tax Cancellations and Refunds for 2004 to the Town Assessor and Supervising Accountant.

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

                        Noes            0

 

 

Tax Cancellations and Refunds for 2004 – Fire Protection

A motion was made by Councilman Roesch, seconded by Councilman Robillard to refer the correspondence from Erie County Division of Budget, Management and Finance for the scheduled amount of $4,117.53 for Grand Island Fire Protection of Tax Cancellations and Refunds for 2004 to the Town Assessor and Supervising Accountant.

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

                        Noes            0

 

 

Authorization to Refund $100.00 - Variance Application Fee

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to refund $100.00 to Mr. Sam Long, 2514 Long Rd. from a Variance Application Fee. 

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

                        Noes            0

 

 

 

 

 

 

COMMUNICATIONS – OTHER OFFICIALS:

TOWN ENGINEER - JOHN WHITNEY:

Change Order No. 4 – Wastewater Treatment Plant Improvements, General Contract – Job No. M-102-03G

Change Order No. 4 is to cover the cost of the quantity over run for sludge dewatering, a credit for the elimination of grout topping in the digester and the hauling of “seed sludge” from Amherst WWTP for the digester startup.  The Change Order will result in a net increase to the contract in the amount of $22,657.00

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve Change Order No. 4.  Wastewater Treatment Plant Improvements, General Contract – Job No. M-102-03G in the amount of $22,657.00.

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