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 5^th of February 2007.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Susan J. Argy Councilwoman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

Excused: Gary G. Roesch Councilman

Also Present: Raymond Dlugokinski Highway Superintendent

John Whitney Town Engineer

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

Reverend Edward McCutcheon of Trinity United Methodist Church gave the Invocation.

Councilwoman Mary S. Cooke led the Pledge of Allegiance.

PROCLAMATIONS:

Dedication of Grand Island Town Common – Town Board dedicated Town Common in memory of Marion Klingel on anniversary of 100^th birthday

Eagle Scout Proclamation – Travis James Zukic

Dedicate February as Disaster Preparedness Month – CERT and Citizen’s Corp Organizations Recognized

PUBLIC COMMENTS:

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

Speakers: Keith Hoffman, Donald Wilkinson, Dorothy Westhafer, Diane Evans, Nan Hoffman, James Tomkins

Re: Conservation Easements, Waterford Park; Stub Street, Sewer, Bike Path Connection

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #2, January 3, 2007, Minutes of Workshop Meeting #3, January 8, 2007, Minutes of Regular Meeting #2, January 16, 2007, Minutes of Workshop Meeting #5, January 16, 2007, Minutes of Workshop Meeting #6, January 17, 2007, Minutes of Workshop Meeting #7, January 23, 2007, Minutes of Workshop Meeting #8, January 29, 2007, and Minutes of Workshop Meeting #9, January 30, 2007.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

CONSENT AGENDA:

1. Meeting Minutes – Board of Architectural Review – December 12, 2006

2. Meeting Minutes – GIFTS Executive Team – December 12, 2006

3.Meeting Minutes – Long Range Planning Committee – November 28, 2006

4. County of Erie, Department of Environment and Planning, Division of Planning – Public Review of 2007 Annual Action Plan

5. State of New York, Office of the State Comptroller – Extension of Time for Filing Annual Financial Report

6. October Snow Storm Response Workshop – Urban Tree Inventory and Assessment

7. New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources – State Wildlife Grants Program

8. Meeting Minutes – Economic Development Advisory Board – January 11, 2007

9. Golden Age Center –Vehicle Usage – January 2007

10. NYS Legislative Commission on Rural Resources – Actions to Revitalize Rural New York Through an Enhanced Empire Zone Program

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

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – October 2006

The Supervisor reported a cash balance of $255,473 on October 1, 2006

Total Receipts of $1,403,273

Total Disbursements of $1,370,791

Operating A/C Interest $98

Operating A/C Balance $288,053

Investment Interest $18,057

Investment Balance $4,151,373

Total Cash Balance as of October 31, 2006 $4,439,426

Monthly Supervisor’s Report – November 2006

The Supervisor reported a cash balance of $288,053 on November 1, 2006

Total Receipts of $1,165,842

Total Disbursements of $1,290,148

Operating A/C Interest $82

Operating A/C Balance $163,829

Investment Interest $15,759

Investment Balance $3,474,789

Total Cash Balance as of November 30, 2006 $3,638,618

Monthly Supervisor’s Report – December 2006

The Supervisor reported a cash balance of $163,829 on December 1, 2006

Total Receipts of $1,741,279

Total Disbursements of $1,477,039

Operating A/C Interest $143

Operating A/C Balance $428,212

Investment Interest $12,457

Investment Balance $2,862,467

Total Cash Balance as of December 31, 2006 $3,290,679

No action required by Town Board.

Authorize Supervisor to Sign Collective Bargaining Unit Agreements with CSEA and Teamsters

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to sign the collective bargaining agreements with Teamsters and CSEA subject to the approval of the Town Attorney.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Amend 2007 Salary Schedule

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to create a new position of Police Officer Part-time Clerk (A), Grade 6. The current Police Officer Part-time position, at Grade 5, will become Police Officer Part-time (B). The changes will take effect immediately.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Correct Cook’s Helper Job Title to Recreation Attendant

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to correct the job title of Donna Jean McGilveary from Cook’s Helper to Recreation Attendant Part-time, Grade 1, Step B effective from the original date of hire. There is no economic impact.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Appoint Clerk Part-time

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to appoint Jacqueline McGinty as Clerk Part-time (B), Grade 3, Step A effective February 7, 2007.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Appoint Parks Crew Chief

As a result of a planned retirement, the position of Parks Crew Chief will become vacant at midnight on Tuesday, February 13, 2007.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Thomas Dworak to the position of Parks Crew Chief at an hourly rate of $23.49 effective at 0001 February 14, 2007 subject to a six-month trial period through midnight August 13, 2007 in accordance with the provisions of a collective bargaining agreement.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Niagara River Greenway Plan - Resolution of Support

A. Communication from Parks & Recreation Advisory Board

B. Communication from Commission for the Conservation of the Environment

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution in support of the Niagara River Greenway as follows:

WHEREAS, on September 21, 2004, Chapter 460 was approved, enacting Article 39 of the New York Parks, Recreation and Historic Preservation Law (“PRHPL”), in relation to establishing the Niagara River Greenway Commission (the “Commission”) and providing for the membership and powers and duties thereof, one of which was to prepare a Greenway Plan; and

WHEREAS, a Greenway plan was professionally prepared with an extensive public participation process that involved more than 500 residents and civic leaders from throughout the Niagara River Greenway area, including involvement by local government advisory and citizens advisory committees; and

WHEREAS, the Greenway plan establishes a unified vision and a set of principles for the Niagara River Greenway; It identifies the assets and resources that make up the Greenway; It sets priorities that suggest the types of activities to target in the near term; It identifies potential funding sources, partnerships and linkages, and addresses key transportation issues that affect the Greenway; The plan also discusses several high-priority “Implementation Concepts”, which describe system-wide approaches and strategies for Greenway development; and

WHEREAS, Section 39.07 of the New York PRHPL states in part that “the local legislative body of each city, town, or village within the boundaries designated by the draft plan must approve the plan following the public hearing or hearings and before it is submitted to the Commissioner” of the New York State Office of Parks, Recreation and Historic Preservation for approval; and

WHEREAS, local approval of the plan will not impact local autonomy, and will lead to a variety of benefits for the Niagara River Greenway area, including but not limited to: strengthening its cultural and historical identity; and providing technical assistance and increased funding opportunities for projects within the Greenway area; and

WHEREAS, the Town of Grand Island is a municipality that falls wholly within the boundaries of the Niagara River Greenway area, and it supports the vision of the Niagara River Greenway that, “The Niagara River Greenway is a world-class corridor of parks and landscapes that celebrates and interprets our unique natural, cultural, recreational, scenic and heritage resources and provides access to and connections between these important resources.” now therefore

BE IT RESOLVED, that the Town of Grand Island hereby approves the Niagara River Greenway Plan, and recommends that the plan be approved by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY - PETER GODFREY:

Authorize Supervisor to Sign Contracts – Water/Wastewater Service – Beaver Island State Park

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Supervisor to sign a contract with the Office of Parks, Recreation & Historic Preservation for water service to Beaver Island State Park at a cost of $3.74/per 1,000 gallons.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign a contract with the Office of Parks, Recreation & Historic Preservation for wastewater service to Beaver Island State Park at a cost of $8.03/per 1,000 gallons.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES - JOHN WHITNEY:

Change Order No. 3 – Baseline Master Lift Force Main Replacement & Pump Station Rehab – Job No. M-170

Change Order No. 3 includes the labor and materials to adjust the final contract quantities for road replacement, temporary road replacement, asphalt driveway replacement, concrete driveway replacement, grit removal from the wet well, as well as costs associated with the rerouting of the force main, paving the entrance drive to the WWTP, sump pump piping modifications at the Baseline Master Lift Station, installation of a relay panel at the Baseline MLS to transmit alarm signals to the WWTP and a credit to the owner in Engineering costs due to the Contractor's delay. This Change Order will result in a net increase to the contract of $19,059.02.

The Town’s Consulting Engineer on the project has reviewed the Change Order and recommends approval.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the Town Engineer’s recommendation and approve Change Order No. 3 in the amount of $19,059.02.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

GOLDEN AGE CENTER – BARBARA GANNON:

Appoint Recreation Attendant

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to appoint Barbara Johnson as a Recreation Attendant Part-time, Grade 1, Step B effective February 6, 2007.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

COMMUNICATIONS – GENERAL:

Velocitel – Cingular Wireless Facility – Site #C0606045 – 85 Carl Road

The Cingular Wireless Antenna on top of the old water tank on Carl Road has not been in use by the Town for over 15 years. The tower was left up because there was a cell phone antenna on it. The agreement was when Cinglular stopped using the antenna; Cingular would pay one-half of the cost to demolish the tank. Correspondence was received stating to remove the tank and agreeing to pay one-half of the cost.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Engineer to prepare specifications for demolition of the tank subject to the approval of the Town Attorney, to bid the demolition once the specifications have been approved.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

New York State Department of Environmental Conservation, Division of Lands & Forests – Municipal Urban Forest Restoration Assistance

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table correspondence from the New York State Department of Environmental Conservation, Division of Lands & Forests – Municipal Urban Forest Restoration Assistance the next Town Board meeting on March 5, 2007.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Erie County Legislature & Town of Cheektowaga – Resolution in Support of Internet Sex Offender Legislation

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to table the correspondence from Erie County Legislature & Town of Cheektowaga – Resolution in Support of Internet Sex Offender Legislation pending review by the Town Board.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Association of Erie County Governments & Town of Brant – Opposition to Unfunded State Mandates

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution opposing unfunded New York State mandates as follows:

WHEREAS, the Town of Grand Island obtains its financial resources in large part from its taxpayers; and

WHEREAS, the Town of Grand Island is part of a regional community that is economically distressed, and therefore has worked very hard to minimize the tax burden of its residents; and

WHEREAS, this town government, school district, and our taxpayers are being inundated with mandates and costs that make our property tax burden one of the most regressive in the entire country; and

WHEREAS, the Department of State, in enacting its revisions of NYCRR Part 1203, entitled “Minimum Standards for Administration and Enforcement of the Uniform Code” has imposed additional unfunded mandates upon the Town of Grand Island and other municipalities; and

WHEREAS, the continuing burden of administering and enforcing the NYS Codes without appropriate funding would be very detrimental and cause hardship to the town; and

WHEREAS, the Town of Grand Island supports all mandate relief measures and must defend against unfunded mandates that undermine our local government’s ability to provide financial relief to our taxpayers and a better quality of life for our residents; now therefore

BE IT RESOLVED, that the Town of Grand Island is opposed to any unfunded state mandates.

FURTHERMORE, BE IT RESOLVED, that the Town of Grand Island asks for help from The Honorable Governor Eliot Spitzer as well as our legislative leaders to take the lead and demand that the State of New York law makers rescind 19 NYCRR Part 1203 Effective January 1, 2007 and other unfunded mandates, and consider the release of 54-g monies to help financially support all local governments in New York State in the administration and enforcement of the NYS Codes; and

BE IT FURTHER RESOLVED, that our new Governor, Eliot Spitzer, be asked to prepare a status report providing municipalities in the state with a list of unfunded state mandates so we, as local leaders, can talk directly to our locally elected Assemblymen/Senators on this issue; and

FINALLY, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to: Honorable Governor Eliot Spitzer, Honorable Senate Majority Leader Joseph L. Bruno, Honorable Senate Minority Leader Malcolm A. Smith, Honorable Speaker of the Assembly Sheldon Silver, Honorable Leader of the Assembly Ron Canestrari, Honorable Minority Leader of the Assembly James Tedisco; Honorable Senators: Dale M. Volker, William T. Stachowski, Mary Lou Rath, Antoine M. Thompson, George Maziarz; and Assemblymen: Jack Quinn, Robin Schimminger, Michael Cole, Mark Schroeder, James Hayes, Sam Hoyt, Crystal Peoples, Dennis Gabryszak, and Francine DelMonte.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Town Employee Relay for Life Team – Use of Town Hall Commons – May 19, 2007

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town employees to use the Town Common to host a chicken barbecue on Saturday, May 19, 2007 with the proceeds to benefit Relay for Life.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to pay

Vouchers #85535 - #85716

General $70,557.25

Highway $25,140.20

Sewer $11,891.23

Water $ 1,866.05

Capital $63,753.02

Garbage $ 9,777.12

Total $183,084.87

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

UNFINISHED BUSINESS:

Waterford Park Subdivision – Preliminary Plat Approval

A. Correspondence from Traffic Safety Advisory Board

B. Correspondence from Nan Hoffman – Waterford Park Subdivision

C. Correspondence from Keith W. Hoffman – Comments on SEQR Declaration – Waterford Park Subdivision

D. E-mail from Scott Pickard – Comments on Traffic

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to adopt the resolution approving Preliminary Plat Approval for Waterford Park Subdivision as follows:

WHEREAS, the Town Board has received an application for a Preliminary Plat creating the Waterford Park Subdivision; and

WHEREAS, the Town Board has submitted the plan to the Town Planning Board and County Planning Board for review and considered the recommendation of those bodies; and

WHEREAS, the Town Board has reviewed the Full Environmental Assessment Form for the proposed project, conducted a SEQRA review including a hard look, and issued a written Negative Declaration for the project; and

WHEREAS, the Town Board has conducted a public hearing on the proposed preliminary plat for the Waterford Park Subdivision and considered the comments of the public; and

WHEREAS, after the close of the comment period and adoption of the Negative Declaration under SEQRA, the Town Board received an additional letter from residents in the area of the proposed subdivision, and a response from the applicant. The Town Board has reviewed these, and finds that the late-submitted comments do not show any evidence of a significant adverse impact nor raise any concern that was not considered by the Town Board, and therefore the Town Board believes that the Negative Declaration considered all environmental issues, and was properly issued.

NOW, THEREFORE, be and resolved by the Town Board of the Town of Grand Island as follows:

1. The Waterford Park Preliminary Plat is approved with two conditions:

a) The plat is to be amended to show a cut through to the existing Revere Drive. After the plat is resubmitted showing the amendment, the Town Supervisor, Town Clerk and Town Engineer shall take such steps that are necessary to facilitate the filing of the Preliminary Plat.

b) The Town Board has considered the recommendation of the Planning Board as to the assessment of recreational fees. The Town Board finds that there is inadequate area for the taking of land for a public park within the proposed subdivision, and therefore assesses as an alternative the recreational fee per lot. This resolution is effective immediately.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Appointment – Board of Ethics

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to refer the appointment to the Board of Ethics to the Town Board.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Empire Dismantlement Corp. – 131 Industrial Dr. – Rezone From M-1 to M-2 – LL Intro #1 of 2007

A. Correspondence from Empire Dismantlement Corp. – Request to Table the Petition to Amend the Zoning Map

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the request of Empire Dismantlement Corp. to rezone 131 Industrial Drive from M-1 to M-2 to the Town Board until the May 7^th Town Board meeting.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

SUSPENSION OF RULES:

Appointment of Affirmative Action Officer

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to suspend the rules for the purpose of appointing an Affirmative Action Officer as required.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Town Attorney Peter Godfrey as the Town of Grand Island Affirmative Action Officer for the year 2007.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

PUBLIC COMMENTS:

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

Speakers: None

FROM THE TOWN BOARD:

Councilwoman Cooke: Town Common Dedication, Waterford Park Subdivision Councilman Crawford & Supervisor McMahon: Tolls on Grand Island

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 8:49p.m.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

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