Town Board - Regular Meeting

ready. I think so. Okay. Like to call regular meeting number one of 2026 of the uh town board to order and ask the clerk to read the role. Councilman Daddy here. Councilman Kilmer here. Councilman Garcia here. Councilwoman Deal here. Supervisor Marston

here. Uh, tonight's invocation will be led by Cornerstone Church Pastor Matt File and the pledge led by Councilwoman Ronda Deal. Please rise. All right, let's pray. Oh God, creator of the heaven and the earth, you're the one who establishes kings and kingdoms. You establish governments and leaders. So Lord, we do lift up our leaders here on the Grand Island. We thank you for them. Let us pray for them. Uh Lord, as as as they take the mantle of leadership and responsibility for what happens here, lift up Supervisor Martin Marston. Lord, lift up Councilman Datti, Councilman Garcia, Councilman Kilmer and Councilwoman Deal. Lord, let this be a time where uh their unity and diversity is found and they honor you with their decisions. God, let us be a city on city on a hill, Lord. Uh a beacon of light, of hope for the communities around us. Let us honor you with everything we say and do tonight. Uh knowing everything is is judged by you. We thank you for this time. It's in Jesus name we pray. Amen.

Amen.

To the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. You good? Okay. Um, at this point, uh, we will be asking for public comment. Uh, there are are no public hearings tonight. So, if you have anything on the agenda that you would like to, uh, make comment to, please come to the mic, give us your name, and you have three minutes. Okay. Hearing

Yes, sir. I thought it was him. Yeah. I have to say my name and address, right? Just name. Okay. Edwin Shelp Jr. Yep.

Uh I just wanted to come to the board and just uh state my concerns about the 207 acre parcel of land that was sold to the Senakas by the developer. Um sale's done. Yes, it is. Uh can we do anything about the sale? No, we can't. Um but there is still procedures that must be occur. The good nation will request for the land to be added to the federal land trust through the BIA, Bureau of Indian Affairs. At that time, a letter will go out to our government officials that will request um that there's going to be review for 30 days. During that 30-day period, um community leaders and or community members uh can make statements uh letting the board know, um how it'll affect the local town, uh regards to taxes or um any other issues that it could cause. Uh this is when the community needs to speak up and and send in writing um how this will negatively affect the town. Uh we appreciate it. The local officials and citizens can do this. Um make no mistake about about it. Um we'll have one chance to do this once it's in the trust. We won't be able to go back. That land will not come back. What will we lose? We'll lose our right as a community to inspect, review, and approve any construction on this set 207 acres. We'll lose the right to tax this land and whatever um is built on it. But we the community and the taxpayers will have to shoulder the extra cost and burden for police, fire, school on this land. Um, anyone who thinks this is not a big deal. Sometimes it seems like online. Um, look to other communities that have had the same thing happen. Um, and many times it has brought uh some of those

communities to the brink of bankruptcy and taxpayers have had to burden the extra amount of taxes. Please everyone take this seriously if you love our island, our home, and you want to protect it for your kids and their kids. Thank you. Thank you, Mr. Shel.

Okay, hearing no one else, we'll move on. Um, item five, approve the minutes of regular meeting number 21, December 1st, 2025. Approve the minutes of workshop meeting number 36, December 15th, 2025. Approve the minutes of regular meeting number 22, December 15, 2025. Approve the minutes of workshop meeting number 37, December 29th, 2025. So, second motion second. Any discussion? Roll call. Daddy. Hi. Garcia. Hi. Kilmer. Hi. Deal. Hi. Marston. Hi.

Uh, next is the consent agenda. Um, motion to uh approve the architecture review board 2026 application deadlines and meeting minutes and meeting minutes board of architectural review of November 18th, 2025. So move. Second. Motion. Second. Any discussion? Roll call. Kilmer. Hi. Garcia. Hi. Daddy. Hi. Deal. Hi. Marston. Hi. Uh, next up is reorg. This will be a little bit lengthy, so bear with us, please.

Um, so the following items uh to concern the organization of the town of Grand Island for the coming year. At the end, I will entertain a motion to adopt these items as presented. Uh number one to reappoint the law firm Hatch and Russ um LLP Peter C. Godfrey Esquire of Council as attorneys for the town of Grand Island for the year 2026. Number two, [laughter] to adopt the method of assessment for consolidated water districts and method of assessment for consolidated sewer districts as attached. Number three, to adopt the resolution regarding method of assessment for lighting districts. Uh number four to designate uh supervisor Pete Marston as budget officer for the town of Grand Island for the year 2026 to appoint supervisor Pete Marston to liaison to police commissioner and of Grand Island department for the year 2026 to [clears throat] reappoint Gregory Butcher as emergency service coordinator and John Podlucky as assistant emergency service coordinator for 2026. uh to set the mileage reimbursement rate of the IRS standard mileage rate of 72.5 cents per mile to designate the Tribune Sentinel the Buffalo News and Business First as the official newspapers for the town of Grand Island to designate uh Manufacturers and Traders Trust Company MBIA class and JP Morgan Chase Bank as depositories for the town of Grand Island for the year 2026. Um said depositories hereby requested authorized directed to honor checks drafts in order uh in orders for payment of money drawn in the name of the town of Grand Island including those payable to the individual order of any person persons thereof when bearing or purposing to bear the electronic

signature of Peter Marston supervisor of the town of Grant Island to adopt the town of Grand Island fee schedule as submitted by department heads for the year 2026 to designate town the town attorney and Kellyanne Griffith or designate as harassment complaint officer for 2026 to designate Thomas Datti as fair housing officer for 2026 to adopt the investment policy and procurement policy as outlined for 2026. Um uh adopt uh town of Grand Island procurement policies. Okay, got that. Um let's see. Item 14 to authorize payment to the New York State offices office of comproller. Um number 15, all town offices are authorized to be closed in observance of the following holidays um as listed in the packet. Number 16 to authorize the supervisor to set the payroll date to every other Thursday commencing January 8th, 2026 to authorize petty cash funds for the year 2026 as listed in your packet. to adopt continuing disclosure compliance procedures and postissuance tax compliance procedures for tax exempt bonds and notes as outlined in 2026. uh skipping to 19 to adopt the non-UN uh salary schedule, elected official salary schedule and part of the part-time seasonal salary schedule for the year 2026 as outlined. Item 22, schedule town board meetings to be held on the first and third mon Monday of each month at 8:00 p.m. A regular meeting falls on a holiday. It

shall be on Tuesday of that week. um first and third Monday of each month. At 6:30, the workshops will commence um to authorize payment to the the designated utility and health insurance companies upon their monthly statements to appoint the following personnel as town representatives and the upstate NY municipal workers compensation plan. Uh voting member would be Pamela Barton. Alter alternate voting member would be Karin France. Facilitator would be James Stadita. [snorts] Um to authorize the supervisor to renew the town's memberships with the following associations as listed. Uh number 24 to authorize members of the town board and certain department and advisory board heads with the necessary funds in their 2026 budget to attend the association of towns in New York City. Daniel Kilmer will be the designated designated as the delegate. Karen Fr and Rhonda Deal will be designated as the alternates. 25 to audit the first and third Monday of each month or following Tuesday if the holiday falls on that Monday. 26. Town hall office hours for 2026 will be January 1st to December 31st, Monday through Friday, 8:30 to 4:30. closed on all designated town holidays. Uh special hours for tech collection to be determined by the town clerk. 27. To set the sewer rents for the town of Grand Island at $6.70 per thousand uh gallons of water usage. To set the 2026 water rents for the town of Grand Island at $3.55 per thousand gallons of water usage. to set the water meter fee for the town of Grand Island at $17 per quarter.

Um, next, uh, 30 through 40 are several, uh, advisory boards. So, I would also, um, include that we accept items 30 through 40 as written, except 38. Except for 38, which we are removing. Correct? Yes. Okay. Uh, all that said, there's a motion in order to to recognize these items and appointments as read. So, second motion second. Any discussion? Roll call. Daddy. Hi. Kilmer. Hi. Garcia. I. Deal. I. Marston. I.

Okay. Next. Uh, 41. The following reorganization items are for your information only and are and require no action by the town board. Uh item one is the audit committee as listed. Item two is special districts as listed. Uh item three is u leons between town board and advisory boards. Um as as listed for [laughter] architectural comprehensive plan review, conservation economic development will be a change. to the chair will be um Sarah Vasio. Um board of golden age, historic preservation, library trustees, parks and recreation, planning, safety committee, technology, traffic safety. Uh all as listed um to serve as liaison between the town board and the town departments for 2026. Uh there's a list here as listed. Uh to serve on personnel committee for 2026. uh the supervisor, town accountant, and principal uh principal personal clerk uh to serve on grant opportunities committee. Chair Elaine O'Neal, uh EDAB, Jen Puseter, EDAB, Dave Monoya, town leazison will be Ronda Peele. Chamber of Commerce will be Eric Feeorn, and another member to be determined. Moving on to appoint Sherry Puffpath as assistant to the supervisor grade 6.5 for 2026 to reappoint Tom Thomas Datti as deputy supervisor for 2026 to reappoint Thomas Fr as officer in charge for 2026 to reappoint Troy Livves as the assistant officer in charge for 2026 to appoint Christopher Pik as community engagement officer for 2026 [snorts] to appoint Daniel Sparza as the town prosecutor and John K. Roteras as

the assistant town prosecutor. Again, these are forformational purposes and are only require no action by the town board. Um, okay. So, what number do we get to there? What's that? We're done with that. You're on 12. We're done. Yeah. Nice. We're on fire. 13. Um, did we adopt the fee schedule as part of it?

Okay, it was part of it. Okay, excellent. Okay, next from supervisor's office. Uh, monthly supervisor reports June, July, August, September, October, and November of 2025. Thank you for Karen for catching those up. Um, do we need to accept those? I I think we do. Okay. here. So, what is it? FYI or is a vote on it? I I don't know. There's no action on this. No actions required. Okay. Yeah, it's not FYI.

Got it. Uh, next up is resignation assistant to the supervisor. This would be for um Mrs. Deal. Uh, please accept my formal notice of resignation from the position of assistant to the supervisor effective Wednesday, December 31st at midnight. It has been an honor to serve in this role and I am grateful for the opportunities I've been that have been afforded to me to learn and be involved with all aspects of our town. I'm looking forward to continuing my my working relationship with you uh the board and employees as I transition into an elected uh town council woman. Uh thank you again for the support and opportunity to serve our town in this role. It has been a it has been a pleasure and I truly appreciate the experience and guidance over the years. I look forward to continuing work together in our service community for our future. Signed Rhonda. Again, no actions required. Um this one will take some action. You okay? Okay. Um new hire clerk part-time safety committee. I'll entertain a motion to hire Richard Crawford effective January 1st, 2026 as part-time clerk safety grade 5.0 step E $25.34 an hour subject to the completion of all the necessary pre-employment paperwork.

So move motion and second. Any discussion? He thought he was out but we pulled him back in. Roll call. Kilmer. I Datti. Hi. Garcia. Hi. Deal. Hi. Marston. Hi. Uh, communications from other town officials. Uh, highway superintendent James Tadiva. Appointment. Deputy highway superintendent. Um, skipped. I skipped one, didn't I? I did. Okay, never mind. Jose, you're next. Uh, [laughter] regret regretfully. Uh,

hold on a second. We've had uh three resignations from the traffic safety advisory board. Uh Larry Kefir, Jack Burns, and Frank de George. All three served this town uh for many years faithfully, loyally in the best interest of the town of Grand Island. I'd like to thank them for them service and uh would gratefully accept their resignation and also certificate of appreciation. Give them a certificate of appreciation. Make that motion. I'll second it. Any discussion? Roll call. Garcia. Hi. Marston. Hi. Datti. Hi. Kilmer. Hi. Deal. Hi.

Okay. Next is highway superintendent James Tidita. Uh appointment deputy highway superintendent. Uh for your information I have appointed John uh Caros. Okay. As the diway uh deputy highway superintendent for the count calendar year 2026. Thank you. to James Stadita. No action is required there. Um, next is distribution of spoils from town projects. Uh, it's basically a letter explaining uh town of Grand Island and its daily operations and highway parks and water wastewater produces spoils through branch pickup, milling of roads, storm, sewer, sanitary sewer, water breaks, parks uh department projects. spoil is defined. Uh the highway department provide pro provides a branch pickup service. Um paving projects. The highway superintendent is requesting from all from the town board permission to distribute these items to public and and as obsolete materials in accordance with the town code. Thank you. Okay. Next from parks maintenance crew chief Tom Cisery. Um status change. It looks like parks the parks department requests a permission to change status of the following employee. Terry Wendle, parks mechanic uh to part-time I'm sorry to seasonal 40 hours. Second motion second. Any discussion? Roll call.

Digatti. I Garcia I. Kilmer I. Deal. Hi. Marston. Hi. Uh, next from the code enforcement office, special use permit renewal, T. Duffy Magguire, 3062 White Haven Road, Bened breakfast. Uh, the site has been inspected, the fees have been paid, and the uses are unchanged. Motion to renew. So move second. Motion second. Any discussion? Roll call. Garcia. I. Kilmer. I, Datti. Hi. Deal. I Marston.

Hi. Uh, next, communications general resignation, architectural advisory board. Uh, dear supervisor Marson, I am writing to formally resign from my position. No, agricultural. Yes. Right. Yes. I don't have to read it. Okay. So, I want to uh make a motion to regretfully uh accept Jen Puseter's uh resignation from the agricultural board. Um, but Jen, I know you'll be busy in other places, so Thank you. Okay.

Yeah. So, I guess we'll I'll make a motion to accept that with regret and a certificate of appreciation. Second. Motion second. Any discussion? Roll call. Marston. I. Garcia. I. Datti. Hi. Kilmer. I. Deal. I. You're out, John. Got some openings on traffic safety. Yeah. Uh yeah, we have some openings in traffic safety. Yeah. Uh next up, uh report of the auto committee. All right.

I got it. Suck up on me today. All right. Like I can make a motion to pay uh the bills from the following funds. From the sewer fund, uh $29,43.61. From the water fund, $15,611 $15,611.74. From the trust and agency fund, $50. From the capital fund, $54,696.35. Uh from the refuge and garbage fund, $160,694.58 for a total of $590,81.30. You got to second that one. I have to. Yeah. it because you reviewed it.

I did review it. Yeah, it's on my It's on my desk at home, though. [laughter] Um second. Okay. Motion and second. Any discussion? Roll call. Garcia. I Deal. I Datti. Hi. Kilmer. Hi. Marston. Hi. Um unfinished business. Local law number four of 2025 and local number law number five of 2025. both uh are included with solar and battery. I think those are continuing to be reviewed at the planning board level. Well, can we just refer these back to the board? Get them off the agenda. Off the table because we're

need a lot more work and I don't think we need them to just be on the agenda for the next fair statement. Okay. Second. I said one at a time. Uh so motion to repro uh uh refer. Okay. Motion to uh refer local law number four and local law number five of 2025 back to the board. Some move. Second. Motion second. Any discussion? Kilman second. Okay. Discussion. I say our advisory boards have really dug into this. They have provided a lot of information.

Yeah, I think they're both in pretty deep uh conservation and planning both. So like to give them all the time they need. Uh, roll call. Datti. Hi. Kilmer. Hi. Garcia. Hi. Deal. Hi. Marston. Hi. Uh, next. Authoriz supervisor to sign contract Arc Strategic Incorporated. Um, I think Aaron's still he has connected with you. Still working information. Let's let's hold that. Yeah. So, that still remains table. Correct. Yep.

Okay. Uh, next would be public comments. This would be not on agenda items. So, if anybody would like to come up and uh give us your name if you have you have three minutes to talk about whatever you'd like. Chris, um members of the town board, I am a dedicated volunteer firefighter with Gran Fire Company, having proudly served our community for over 30 years, including serving as your fire chief. Today I am here again seeking your intervention in a recent suspension process tainted by serious conflicts of interest, bylaw violations, and denials of due process. These violations not only affect me but threaten the integrity of our fire services, which the town oversees under town law 176 and 184. In my case, I was denied access to documents. It was forced into a bias hearing which stripped me of my state protected due process rights under general municipal law 209. As the authority having jurisdiction, allowing these actions to stand sets a damaging precedent and is simply unjust. As a result of the recent public hearing, I was reviewing the fire company contract and immediately discovered blatant violations in the contract in sections 11 and 12. Section 11 states the fund shall be used specifically for recruitment and retention of volunteers among other things. This stood out because the fire company board of directors circulated a um and signed a petition to remove a longtime member described as a cancer in their petition. The board of directors then, as the fudiciary branch of the organization, approved $8,000 of taxpayer money to hire an outside law firm in an attempt to fulfill the agenda in their petition. This wasn't money spent to get rid of a bad member that was negligent in their duties. This money, which is now probably closer to $30,000

in legal fees, was misappropriated and in violation of the contract with the town to go after a longtime member for speaking up at a meeting regarding a serious concern in our elections of officers. Ironically, they spent all that taxpayer money to go after a longtime member for personal reasons, but did not intervene when fire company's members launch a smear campaign against this town board in negotiating the contract, which included derogatory, sexually insinuated attacks on uh a public social media page directed against elected officials and fire company members, including names. I would think our town board is obligated to fix this instead of adding it to the list of similar issues and lawsuits already faced. Section 12 states all parties at all times shall comply with the New York public officers law. Fire company does not fulfill foil request and is in violation of the open meetings law. This issue is not vanishing. As our governing body responsible for fire protection, I respectfully request that the Grantown board act swiftly to resolve this matter. will restore fairness and integrity. I'm ready to provide documentation and testify whatever is needed. Please address this ASAP before further damage is done to your fire department and the community's trust. Thank you.

Thank you.

Any other comments from the public? From the board? Councilman Kumer? Two things. I I don't know if we need to get is there this is going back into kind of business. I should have brought this up downstairs. Am I hearing that the Tyler contract might be coming this week? Do we need to give you authorization to sign that Pete? I thought we already did subject to I think we did subject to legal approval. I just want to make sure that's in the clear that you can come. It's getting it's getting shipped. I think that's complete. Wasn't it like Christian working on some of the issues?

No, no. I think all the issues are wrapped up. I that's why I said I heard it's right near it's near the final signing part might be done before the next meeting. But if we already gave him authorization to sign it authorization was already given subject to attorney approval. There was a a number of things that that needed to be addressed that have been addressed and I I think that it's uh ready for execution if it if it hasn't already been.

Okay. And then to piggyback on what um Mr. Flurry just said the uh the um negative attacks and the sexual innuendo attacks on social media were towards myself. Uh I I think we do have to get to a better place when we have discussions and um the people who made those comments are in leadership positions in the fireh hall. I don't know what we can do as a town board, but they should not be able to come after a town board just because we're in disagreement with them and and basically um you know drag my name through the streets. And if you've read it, you know what it says. I'm not going to repeat in an open meeting. Um but I would like it addressed. I'd like to refer back that issue back to the board and determine whether we need to send a letter to the fire company and tell them, you know, get your leadership in control. Uh you want to have something nasty to say. say it to my face or don't say it at all. Don't put it on social media. It's It's disrespectful.

Okay. Uh besides that, happy new year. Thank you. Oh, and welcome aboard to our new deputy highway superintendent,

Councilman Garcia. He stole it from me. A new highway superintendent and deputy highway superintendent. Looking forward to working with you guys. Uh thank you for uh you know, taking the the challenge of running um giving up your former career and starting your new one. We did that. We have we are on top of it. So, oh, as far as your concerns with the uh the the purchase of the property, um we are well aware of all of the steps that need to be taken and we are watching this very carefully. Uh and welcome to Rhonda, our new council woman. That's

Councilman Dotti. Exactly the same. Welcome Jim officially and John Rhonda. [clears throat] Forward working with you all and happy new year. Councilwoman Deal. Um very grateful to be here. Excited about the new year. Jim, welcome. It's been a great year. Gooding days.

Good. Um okay. So I echo everybody else's uh thoughts regarding welcome. Welcomes to everybody. Uh something I wanted to talk a little bit about last Monday. Uh we had quite a weather event. Um it was pretty crazy here. Uh I don't understand. I don't think people know exactly how crazy it was. Um highway really did a great job keep it keeping everything open and all the roads clear. Um sewer was running around the clock. Um there was a there was a point where we had five sewer stations without power and two schools. So it was pretty horrific. I remember the numbers. I was on a conference call with grid Sunday and again Monday where we got up to almost 500 people without power two and again two schools and five sewer stations and that's all in a high water event. So things got really wild. Uh, and I'm going to tell you that all our people did incredible job. Um, highway sewer, uh, the emergency response team, which we have formed, uh, was active. We were, uh, actively texting back and forth. National grid stepped up and they had power on to the m to the majority of our our, uh, critical infrastructure within an hour and a half and they had our um, uh, residents without power to less than 50 within within the daytime hours. Uh, I it was very impressive to me. I I will give one word of caution, though. When there's 70 mph winds forecasted, don't put your garbage out to the curb. Um, my ride to work that day included passing two snowmen, a reindeer, uh, from loose Christmas decorations, and an enormous amount of TVs, boxes. Um, those beyond littering, they f they plug the the storm water drains, and we it magnifies our

problems. So, uh, in the future, if it's that windy, don't if you're afraid about it because it's windy, save it till next week. Um, with that, I would like to, uh, uh, a motion is in order for adjournment at 8:36. So, move second. Motion second. Um, all those in favor say I. I.

Any opposed? That carried. Please rise. Uh tonight we'd like to observe a moment of silence in memory of Basil Gamo, Bonnie Bergman, and Mike Dano. We're journ