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 8:00p.m. on the 20^th of November 2006.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Gary G. Roesch Councilman

Susan J. Argy Councilwoman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

Also Present: Raymond Dlugokinski Highway Superintendent

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

Reverend Mary Anne Nelson-Loefke of St. Timothy Lutheran Church gave the Invocation.

Councilwoman Susan J. Argy led the Pledge of Allegiance.

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

Speakers: George White, Jen Persico, Chuck Morell, James Dinsmore, Julius Horvath Re: Park Place Patio Homes

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Regular Meeting #20, November 6, 2006, Minutes of Workshop Meeting #59, November 9, 2006 and Minutes of Workshop Meeting #60, November 13, 2006.

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

Noes 0

PUBLIC HEARINGS:

New England Estates – Preliminary Plat Approval

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to speak in favor of or in opposition to New England Estates – Preliminary Plat Approval.

Speakers in Favor: None

Speakers in Opposition: John Granelli, Will Tomkins, JoMarie Verso

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilman Crawford to refer New England Estates – Preliminary Plat Approval to the Town Board for review.

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

Noes 0

Local Law Intro #11/2006 – No Parking Signs – North End of Glen Avon

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to speak in favor of or in opposition to Local Law Intro #11/2006 for a No Parking Sign at the North end of Glen Avon during the months of November and December.

Speakers in Favor: Michelle Driess, Janet & Kenneth Pieczynski, Marlene O’Brien

Speakers in Opposition: None

Local Law Intro #11/2006 – No Parking Signs – North End of Glen Avon

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt Local Law #10/2006 for a No Parking Sign at the North end of Glen Avon for the months of November and December.

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

Noes 0

CONSENT AGENDA:

1. Golden Age Center – Facility Usage – October 2006

2. Meeting Minutes – Zoning Board of Appeals – October 5, 2006

3. Greater Buffalo-Niagara Regional Transportation Council – Grand Island Safe Sidewalks and Community Connection Project

4. New York State Office of Parks, Recreation and Historic Preservation – Ed Ball and Fairview Parks Playground Rehabilitation

5. Erie County Community Development Program – 2007-2008 Project Description Form – Golden Age Center – Senior Transportation Program Improvement

6. Erie County Community Development Program – 2007-2008 Project Description Form – Love Road Sidewalk Improvement Project

7. County of Erie, Department of Environment & Planning – Framework for Regional Growth

8. New York State Municipal Workers’ Compensation Alliance – Notice of Termination of Employer’s Participation in Group Self-Insurance Plan

9. Meeting Minutes – Board of Architectural Review – October 10, 2006

10. Meeting Minutes – Planning Board – October 9, 2006

11. County of Erie, Department of Environment and Planning, Division of Planning and Economic Development – Annual Training for Planning Board and Zoning Board of Appeals Members

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the consent agenda as distributed and refer Item #11 to the Planning Board and the Zoning Board of Appeals.

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

Noes 0

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Supervisor to Sign MOA – Repayment of Overpayment of Wages

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Memorandum of Agreement and Promissory Note for repayment of overpayment of wages with a certain Town employee.

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

Noes 0

Town of Grand Island – 2007 Budget

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the 2007 Budget as follows:

GENERAL FUND:

TOTAL APPROPRIATION AMOUNT: $ 5,870,198

AMOUNT TO BE RAISED BY TAXATION: $ 1,841,832

TAX RATE: $ 2.845 per thousand 4.4% INCREASE

FIRE PROTECTION DISTRICT:

TOTAL APPROPRIATION AMOUNT $917,535

AMOUNT TO BE RAISED BY TAXATION: $896,000

TAX RATE: $ 1.292 per thousand 0% INCREASE

HIGHWAY FUND:

TOTAL APPROPRIATION AMOUNT: $ 2,385,439

AMOUNT TO BE RAISED BY TAXATION: $ 1,935,814

TAX RATE: $ 2.990 per thousand 2.2% INCREASE

SEWER DISTRICT FUND:

TOTAL APPROPRIATION AMOUNT: $ 2,888,399

AMOUNT TO BE RAISED BY TAXATION: $ 1,935,814

TAX RATE/1,000 (LAND VALUE ONLY): $ 7.478

31.6% INCREASE

WATER DISTRICT FUND:

TOTAL APPROPRIATION AMOUNT: $ 2,555,257

AMOUNT TO BE RAISED BY TAXATION: $ 681,065

TAX RATE/1,000 (LAND VALUE ONLY): $5.782 0% INCREASE

LIGHTING DISTRICT:

TOTAL APPROPRIATION AMOUNT: $ 200,808 (47 districts)

AMOUNT TO BE RAISED BY TAXATION: $ 190,339

TAX RATE: Varies by District

REFUSE & GARBAGE DISTRICT:

TOTAL APPROPRIATION AMOUNT: $ 907,975

AMOUNT TO BE RAISED BY TAXATION: $ 882,440

TAX RATE:Flat Rate Single Family Dwelling $ 130 5.7% INCREASE

DEBT SERVICE FUND:

TOTAL DEBT SERVICE AMOUNT: $ 1,202,622

TRANSFERS FROM OTHER FUNDS $1,150,622

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

Noes 0

Authorize Supervisor to Sign P&A Agreement for Administration of Flex Spending Plan

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the agreement for group insurance benefits administration with P & A Administrative Services, Inc. for administration of the flex spending plan.

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

Noes 0

Set Public Hearing – 2007 Sewer Rents

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to set a Public Hearing for Monday, December 4, 2006 at 8:00p.m. for purpose of hearing anyone who wanted to make comments in favor or in opposition to the proposed 2007 Sewer Rents.

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

Noes 0

COUNCILMAN GARY G. ROESCH:

Resolution in Support of Application by NRG

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the resolution in support of a $1.5 billion upgrade of the CR Huntley generating station in the Town of Tonawanda as follows:

WHEREAS, On June 22, 2006, David Crane, President and Chief Executive Officer of NRG Energy, Inc. announced plans for a $1.5 billion upgrade of the power plant located on the eastern shore of the Niagara River, off River Road, in the Town of Tonawanda, which aims to double generating output from 552 megawatts today to approximately 1,010 megawatts by 2012; and

WHEREAS, The CR Huntley Station has a long history on its 120-acre site in the Town of Tonawanda, with some of its structures dating back to 1916 when “River Station” first began commercial service, and to this day remains an important partner in the local and regional economy; and

WHEREAS, The plans for investment in CR Huntley represent a brighter and more secure future for the 131 people currently employed there, the creation of about 1,000 construction jobs and 100 new permanent jobs, and the stabilization of the Town of Tonawanda’s single largest taxpayer; and

WHEREAS, The upgrade includes the installation of modern emission control equipment on two CR Huntley units that have been problematic in controlling harmful pollutants, resulting in dramatic reductions in emissions that will benefit the immediate waterfront area around the plant, as well as residents of the Town of Tonawanda and other areas of New York State affected by those emissions; and

WHEREAS, A new power plant will also be constructed on the CR Huntley site, utilizing “Integrated Gasification Combined Cycle” (IGCC), a technology used to convert coal into combustible gas, with the resulting byproducts cleaned and resold for other industrial and construction uses, including use by several companies with facilities already located in the Town of Tonawanda; and

WHEREAS, The new vision for the CR Huntley Station will mean more stable electricity prices, and perhaps a reduction, for Western New York residents, according to NRG Executive Vice President Curt Morgan, who said that with more “baseload generation” in New York State, the added megawatts will help to reduce the volatility in electric bills that have affected local consumers in recent years.

WHEREAS, In January, 2006, Governor Pataki launched a bold new initiative known as the “Advanced Clean Coal Power Initiative” (ACCPPI) to lessen dependence on foreign oil, help provide for the state’s growing energy needs, and reduce pollution by encouraging the deployment of exciting new technologies to demonstrate clean coal power generation; and

WHEREAS, the New York Power Authority (NYPA) will issue a request-for-proposals (RFP) from private sector power plant developers, and guarantee the purchase of power generated by the successful applicant(s), and

WHEREAS, NRG Energy intends to submit an RFP to NYPA for designation of the CR Huntley Station under the ACCPPI, and such designation will provide critical financial support for implementation of the project.

NOW, THEREORE, BE IT RESOLVED, That the Grand Island Town Board does hereby go on record in saluting NRG Energy for its proposed $1.5 billion upgrade to the CR Huntley Generating Station located in the Town of Tonawanda; and be it further

RESOLVED, That the Grand Island Town Board notes that the proposed investments are consistent with community goals and objectives as expressed in such documents as the Town of Tonawanda Comprehensive Plan and the Town of Tonawanda Application for Empire Zone Designation; and be it further

RESOLVED, That this Grand Island Town Board strongly supports the designation of the CR Huntley Station as a clean power plant; and be it further

RESOLVED, That certified copies of this resolution be forwarded to NRG Energy Inc., New York Governor George Pataki, the Western New York delegations to Congress and the New York State Legislature, the United States Department of Energy, and Erie County Executive Joel A. Giambra.

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

Noes 0

COMMUNICATIONS - OTHER TOWN OFFICIALS:

TOWN ATTORNEY - PETER GODFREY:

Approval of Sewer & Water Easements – Golf Villas at River Oaks

A motion was made by Councilman Crawford, seconded by Councilman Roesch to refer the approval of sewer and water easements for Golf Villas at River Oaks to the Town Attorney for additional work.

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

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Request to Advertise for Bids – Polymer to be Used for Phosphorus Removal at GIWWTP

A motion was made by Councilman Roesch, seconded by Councilman Crawford to authorize the Wasterwater Department to publish a Legal Notice for the purpose of bidding Polymer to be used for phosphorus removal. The bids will be opened on December 12, 2006 at 10:00a.m. in the Town Clerk’s office.

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

Noes 0

Request for Proposals for Professional Engineering Services – Master Plan for Bicentennial Park/Scenic Woods – Job No. M-176

A motion was made by Councilman Roesch, seconded by Councilman Crawford to authorize the Town Engineer to publish the Request for Proposals for Professional Engineering Services on November 21, 2006 and receive qualifications until January 9, 2007 at 5:00p.m for the Master Plan for Bicentennial Park/Scenic Woods Job No. M-176.

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

Noes 0

Request to Advertise for Bids – 2006 Drainage Program

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Engineer to advertise for bids on the proposed 2006 Drainage Program on Friday, November 24, 2006 and open bids on December 13, 2006 at 10:00a.m. in the Town Hall Conference Room.

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

Noes 0

PLANNING BOARD:

Niagara Development Group, LLC – East River Road – Rezone from R-2 to R-1E

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept the Planning Board’s recommendation and deny the request from Niagara Development Group, LLC, to rezone a 2 acre section of East River Road from R-2 to R1-E.

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

Noes 0

James H. & Elaine Oakley – Fix Road – SBL #50.03-2-3 – Exception to Subdivision Regulations

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the request for Exception to Subdivision Regulations from James H. & Elaine Oakley,

SBL #50.03-2-3 to the Planning Board and the Recreation Advisory Board for consideration of fees.

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

Noes 0

Woods Creek Townhomes – 1993 Grand Island Blvd. – Concept Plan

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the Planning Board’s recommendation and file the Concept Plan for Woods Creek Townhomes, 1993 Grand Island Blvd.

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

Noes 0

COMMUNICATIONS – GENERAL:

Timothy J. Mordaunt, Attorney – Request for Abandonment of Paper Street

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the request for abandonment of a paper street to the Planning Board, Town Attorney, Highway Superintendent and the Town Engineer for review and recommendation.

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

Noes 0

Hopkins, Garas & Sorgi – Park Place Patio Homes

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to refer the correspondence from Hopkins, Garas & Sorgi regarding Park Place Patio Homes to the Town Board.

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

Noes 0

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to pay

Vouchers #84941 - #85023

General $ 46,629.74

Highway $ 246.61

Sewer $ 29,831.53

Water $ 2,115.58

Lighting $ 58.00

Garbage $ 70,612.50

Total $ 152,493.96

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

Noes 0

UNFINISHED BUSINESS:

Majestic Woods – Petition Requesting Stop Sign & Reduction of Speed Limit

Remains Tabled.

Majestic Woods – Violation of Conservation Easement

Remains Tabled.

Park Place Patio Homes – Preliminary Plat Approval (Cluster Development)

Remains Tabled.

Waterford Park Subdivision – Preliminary Plat Approval (Revised Plan)

Remains Tabled.

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding Town government on any subject.

Speakers: None

FROM THE TOWN BOARD:

All Town Board members wished everyone a Happy Thanksgiving

Councilman Roesch: Petition, Blood Drive on 12/12/06 at Fire Headquarters

Councilman Crawford: Holiday Festivities – Town Hall – Saturday 12/09/06 at 3:00p.m.

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:55 p.m.

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

Noes 0

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