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 19^th of March 2007.

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

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

Supervisor McMahon gave the Invocation.

Councilman Gary G. Roesch led the Pledge of Allegiance.

PROCLAMATIONS:

Eagle Scout Proclamation – Sean Michael McDermott

PUBLIC COMMENTS:

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

Speakers: None

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Workshop Meeting #12, March 2, 2007, Minutes of Workshop Meeting #13, March 5, 2007, Minutes of Regular Meeting #4, March 5, 2007, and Minutes of Workshop Meeting #14, March 7, 2007.

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

Noes 0

CONSENT AGENDA:

1. Meeting Minutes – Zoning Board of Appeals – February 1, 2007

2. Town of Newstead, Town of Orchard Park, Town of Amherst – Resolution in Support of Internet Sex Offender Legislation

3. New York State Office of Real Property Services – Residential Assessment Ratio for Administrative and Small Claim Assessment Review Proceedings on the 2007 Assessment Roll

4. Meeting Minutes – Board of Architectural Review – February 13, 2007

5. The Pipeline Group – Government Liaison – Emergency Response Program

6. Hilbert College – Police Interrogation and Listening Skills for Patrol Officers and Investigators

7. The Assembly, State of New York, Albany – Resolution – Opposition to Unfunded State Mandates

8. Meeting Minutes – Planning Board – February 12, 2007

9. Meeting Minutes – GIFTS Executive Team – February 13, 2007

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

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

Noes 0

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – February 2007

The Supervisor reported a cash balance of $255,223 on February 1, 2007

Total Receipts of $11,110,255

Total Disbursements of $11,138,881

Operating A/C Interest $97

Operating A/C Balance $226,694

Investment Interest $37,221

Investment Balance $13,052,189

Total Cash Balance as of February 28, 2007 $13,278,884

No action required by Town Board.

Acceptable Training for Planning Board and ZBA Members

NYS passed legislation, which requires annual training for members of the Planning Board and Zoning Board of Appeals. The Town is required to adopt a resolution which specifically identifies what training is acceptable.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the revised draft of the resolution for acceptable training to the Planning Board and ZBA members for review and recommendation.

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

RECREATION DIRECTOR – LINDA TUFILLARO:

Request Authorization to Order Mower/Tractor

Recreation Director Linda Tufillaro presented the specifications from the NYS Contract for a 2007-2008 mower/tractor and deck from Grassland Equipment & Irrigation Corp.

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to authorize the Recreation Director to purchase the mower/tractor and deck from Grassland Equipment & Irrigation Corp. at a total cost of $54,148.80.

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

Noes 0

TOWN ACCOUNTANT – PAM WHITNEY:

2006 Budget Transfers

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the budget transfers needed to balance each fund in preparation for the year ended 12/31/06 as follows:

GENERAL:

DEPT		ACCOUNT NAME		ACCOUNT NUMBER		TRF NEEDED			FROM A/C			$			FROM DIFFERENT DEPT
	SUPERVISOR		PERS SVCS		001-1220-0100		1,193.00
			REP/MAINT EQUIP		001-1220-0421		10.00			001-1990-0475			1,203.00		CONTINGENCY
	BUDGET		PERS SVCS		001-1340-0100		5.00			001-1340-0409			5.00
	ASSESSMENT		DUES & SUBS		001-1355-0408		29.00			001-1355-0131			29.00
	LAW OFFICE		PERS SVCS		001-1420-0100		24.00			001-1420-0445			24.00
	TRAFFIC CONTROL		DEPT SUPPLIES		001-3310-0443		154.00			001-1990-0475			154.00		CONTINGENCY
	CONTROL OF ANIMALS		OVERTIME		001-3510-0102		165.00			001-3510-0409			165.00
	NARCOTIC GUIDANCE		REP/MAINT B&G		001-4210-0422		55.00			001-4210-0100			55.00
	SUP OF HIGHWAYS		DUES & SUBS		001-5010-0408		109.00			001-5010-0199			109.00
	STREET SWEEPING		CONTR EXP		001-5192-0459		1,195.00			001-5132-0422			1,195.00		GARAGE-REP/MAIN B&G
	STREET LIGHTING		UTILITIES		001-5182-0407		1,450.00			001-1990-0475			1,450.00		CONTINGENCY
	PLAYGROUNDS & REC		DEPT SUPPLIES		001-7140-0443		1,866.00			001-7140-0100			1,866.00
	PLANNING		PERS SVCS		001-8020-0100		38.00			001-8020-0401			38.00
	EMPLOYEE BENEFITS		DISABILITY		001-9055-0800		471.00			001-1990-0475			471.00		CONTINGENCY
	INST PURCH DEBT		INST PURCH-PRINCIPAL		001-9785-0600		443.00			001-1990-0475			443.00		CONTINGENCY
			INST PURCH-INTEREST		001-9785-0700		245.00			001-1990-0475			245.00		CONTINGENCY
								TOTALS			7,452.00			7,452.00

HIGHWAY:

DEPT		ACCOUNT NAME		ACCOUNT NUMBER			TRF NEEDED			FROM A/C		$			FROM DIFFERENT DEPT
	EMPLOYEE BENEFITS		DISABILITY		002-9055-0800			99.00			002-9060-0800		99.00			MEDICAL

						TOTALS			99.00					99.00

WATER:

DEPT	ACCOUNT NAME	ACCOUNT NUMBER		TRF NEEDED		FROM A/C	$		FROM DIFFERENT DEPT
EMPLOYEE BENEFITS	DISBABILITY	004-9055-0800		18.00		004-9040-0800	18.00		WORKERS COMP

			TOTALS		18.00			18.00

SEWER:

DEPT			ACCOUNT NAME		ACCOUNT NUMBER			TRF NEEDED		FROM A/C			$		FROM DIFFERENT DEPT
	SEWER O & M	CHEMICALS		003-8130-0435			44,390.00		003-8130-0100			35,000.00
									003-8130-0122			9,390.00
	SEWER O & M	EQUIPMENT		003-8130-0200			2,171.00		003-8130-0121			1,421.00
									003-9010-0800			750.00		NYS RETIREMENT
	EMPLOYEE BENEFITS	DISABILITY		003-9055-0800			76.00		003-9010-0800			76.00		NYS RETIREMENT
	BANS	BAN INTEREST		003-9730-0700			33.00		003-9010-0800			33.00		NYS RETIREMENT
	INST PURCH DEBT	INST DEBT-PRINCIPAL		003-9785-0600			9,320.00		003-9785-0700			8,082.00
									003-9010-0800			1,238.00		NYS RETIREMENT
	TRF TO OTHER FUNDS	DEBT SVC		003-9901-0900			47,505.00		003-9010-0800			16,881.00		NYS RETIREMENT
									003-9060-0800			24,688.00		MEDICAL INS
									003-9030-0800			5,578.00		SOC SEC BENEFITS
									003-9040-0800			358.00		WORKERS COMP

						TOTALS					103,495.00					103,495.00

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

Noes 0

ZONING OFFICER – JOHN McCARTHY:

Comic Book Store - Facade

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the request to place a Spiderman figure over the door of a proposed Comic Book Store on Love Road to the Zoning Officer for the application of the existing Sign Ordinance.

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

Noes 0

PLANNING BOARD:

Elaine Oakley – Love Road – Exception to Subdivision Regulations/Create an 8.66 Acre Lot

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution:

WHEREAS, the Town Board of the Town of Grand Island has determined that the waiver of Subdivision Regulations requested on behalf of Elaine Oakley should be granted pursuant to the recommendation of the Planning Board; and

WHEREAS, there is inadequate space to allow for the dedication of recreational property and the applicants are prepared to pay the $500 Recreation Fee in lieu thereof; and

NOW THEREFORE, BE IT HEREBY RESOLVED to approve the requested waiver of Subdivision Regulation subject to the receipt of the $500 Recreation Fee.

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

Noes 0

COMMUNICATIONS – GENERAL:

Claudia & Kevin O’Neil – Water Main Failures on Bedell Road

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to refer the correspondence from Claudia & Kevin O’Neil regarding water main failures on Bedell Road to the Special Districts Committee for review.

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 #86012 – 86152

General $ 75,793.32

Highway $ 47,086.05

Sewer $ 22,329.08

Water $ 15,915.33

Capital $ 920.01

Garbage $172,338.55

Fire $ 30,657.96

Total $365,485.40

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

Noes 0

UNFINISHED BUSINESS:

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 the Municipal Urban Forest Restoration Assistance correspondence pending a meeting with the Conservation Committee, garden clubs and the Parks & Recreation Advisory Board.

APPROVED Ayes 5 Cooke, Crawford, Roesch, 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 Councilwoman Argy to authorize the Supervisor to send a letter to the Senate and the Assembly and the Governor of the State of New York in support of Assembly Bill #03202 – Sponsored by Assemblyman Mark Schroeder, and Senate Bill #1921 – Sponsored by Senator Robock.

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

Noes 0

Grand Island Police Department – Change in Status

Remains Tabled.

Concetta Farugia and Julian T. Archie – Exception to Subdivision Regulations/Create a 3.61 Acre Lot

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution:

WHEREAS, the Town Board of the Town of Grand Island has determined that the waiver of Subdivision Regulations requested on by Concetta Farugia and Julian T. Archie to create a 3.61 acre lot from a 119 acre parcel fronting on Alt Blvd. should be granted pursuant to the recommendation of the Planning Board; and

WHEREAS, there is inadequate space to allow for the dedication of recreational property and the applicants are prepared to pay the $500 Recreation Fee in lieu thereof; and

NOW THEREFORE, BE IT HEREBY RESOLVED to approve the requested waiver of Subdivision Regulation subject to the receipt of the $500 Recreation Fee and with the further understanding that future subdivisions will be required to adhere to all required subdivision requirements.

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

Noes 0

SUSPENSION OF RULES:

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to Suspend the Rules to consider adopting a resolution regarding a proposed state law on local cable television franchising.

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

Noes 0

Adopt Resolution Regarding a Proposed State Law on Local Cable Television Franchising

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution regarding a proposed state law on local cable television franchising:

WHEREAS, the Town of Grand Island has a local cable television franchise with the Time Warner, and

WHEREAS, the franchise agreement has expired and the parties are negotiating a new franchise agreement, and

WHEREAS, the Town of Grand Island has a variety of local issues specific to the needs of its residents that need to be negotiated and addressed in a new franchise agreement, and

WHEREAS, local franchise agreements provide the opportunity to address important and Town specific issues, and

WHEREAS, Assembly Bill #A01423 would establish statewide cable franchises and eliminate the ability of local governments to negotiate and address the specific concerns of its residents; and

WHEREAS, the Town Board is strongly opposed to statewide cable franchise agreements, it is hereby

RESOLVED, that the Town of Grand Island strongly requests that the State Legislature reject and vote down Assembly Bill #A01423.

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

Noes 0

PUBLIC COMMENTS:

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

Speakers: Scott Ferguson

Re: Bishops Gate Parking Restrictions

FROM THE TOWN BOARD:

Councilwoman Cooke: Corporate Bowl Challenge Finals – Tuesday, March 20, 2007 at the Grand Island High School

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to adjourn the meeting at 8:24p.m.

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

Noes 0

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