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 October, 2009.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Gary G. Roesch Councilman

Betty Y. Lantz Deputy Town Clerk

Peter C. Godfrey Town Attorney

Excused: Susan J. Argy Councilwoman

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

Reverend Nader Awad from Island United Presbyterian Church gave the Invocation.

Councilman Richard W. Crawford led the Pledge of Allegiance.

PUBLIC COMMENTS:

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

Speakers: None

PUBLIC HEARINGS:

2010 Community Development Block Grant

A. Patrick Moravec, J. O’Connell & Associates – Ed Ball Park

A Public Hearing was held on Monday, October 5, 2009 at 8:00p.m. for the purpose of hearing anyone who wanted to suggest a project for Community Development Block Grant Funds.

Speakers with Project Suggestions: Gary Roesch – Former Dunlop/Metz Building

Previously submitted projects: Rehabilitate the Ed Ball Park, Create a bikepath along Woodscreek Tributary between the Town Common & Veterans Park, additional sidewalks in Kaegebein School area, and a project at Senior Citizen Center.

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to refer the suggestions for the Community Development Block Grant to the Town Board.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #54, September 21, 2009, Minutes of Regular Meeting #17, September 21, 2009, and Minutes of Workshop Meeting #55, September 28, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

CONSENT AGENDA:

1. J. O’Connell & Associates – Veterans Park Usable Playground Grant Application

2. The Senate, State of New York – 2009-2010 Capital Funds Disbursement

3. County of Erie, Department of Environment & Planning – Affordable Housing Seminar – October 21, 2009

4. State of New York, Department of Transportation – Grand Island Boulevard, NY Route 324 – Intersection Improvements at Staley Road – PIN 5086.28.101

5. Dormitory Authority, State of New York – American Recovery and Reinvestment Act of 2009 (ARRA) “Federal Stimulus” Proposal

6. Golden Age Center – Vehicle Usage – September 2009

7. Village of Depew – Resolution Regarding Salt Prices

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

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Resolution Approving the Inter-municipal Agreement for Upstate New York Municipal Workers’ Compensation Program

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution approving the inter-municipal agreement for Upstate New York Municipal Worker’s Compensation Program:

WHEREAS, the Town of Grand Island has participated in the Upstate New York Municipal Worker Compensation Plan (the “Plan”); and

WHEREAS, the Plan’s participants, consistent with advice provided to the Plan by the Plan’s counsel, have determined to reorganize the Plan through an inter-municipal agreement by and between the Plan’s participants; and

WHEREAS, the Town Board of the Town of Grand Island has determined that it is in the best interest of the Town of Grand Island to continue to act cooperatively with the other Plan participants in the course of carrying out the Town of Grand Island’s obligation under the New York Workers’ Compensation Law, including in order to undertake effective risk management techniques, the promotion of safety, and the effective administration of claims; now therefore

BE IT RESOLVED, that the Town Board of the Town of Grand Island does hereby:

(a) Approves in Inter-municipal Agreement for Upstate New York Municipal Workers’ Compensation Program (“Program”), as presented;

(b) Designates the Town of Grand Island Supervisor as the Town of Grand Island’s Member on the Board of Directors of the Program; and designates the Supervising Accountant as the Town of Grand Island’s Alternate Director, and the Deputy Highway Superintendent as the Town of Grand Island’s Facilitator; and

(c) Authorizes and directs the Town Supervisor to do all things necessary to effectuate the intent and operation of this resolution.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Authorize Supervisor to Close Baseline Road – Grand Island Fire Company – Annual Fire Prevention Open House – October 9, 2009

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the closing of Baseline Road from 5:00p.m – 8:00p.m. between Grand Island Blvd. and Whitehaven Road on October 09, 2009 for the annual Fire Prevention Open House.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Inventory for Highway Department – Machinery, Tools & Equipment

For Information Only. No Town Board action necessary.

TOWN ATTORNEY – PETER GODFREY:

Joint Defense Agreement

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Joint Defense Agreement between the Town of Grand Island and Stickl Construction Company, Inc. in response to the actions filed regarding Country Club Cottages.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Award Contract – Court Room Tile Removal Project – Project No. M-69-09

Town Engineer John Whitney reported that on September 30, the following bids were received for the removal of tile in the Grand Island court room at Town Hall:

A.A.C. Contracting, Inc. $34,993.00

The Environmental Service Group $46,000.00

Metro Contracting & Environmental Inc. $55,660.00

AARIC Corporation $68,000.00

Stohl Remediation Services $78,348.00

CS2, a Town consultant, has reviewed the bids and recommends award to the low bidder, A.A.C. Contracting Inc, in the amount of $34,993.00.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and consultant and award the bid for the removal of tile in the Grand Island court room at Town Hall to A.A.C. Contracting Inc. in the amount of $34,993.00.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

ZONING OFFICE:

Special Use Permit Application - Walgreen’s Pharmacy – Permit to Allow Size Greater than 10,000 Square Feet – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a to set a Public Hearing for Monday, October 19, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to a Special Use Permit application from Walgreen’s Pharmacy, 2320 Grand Island Boulevard – a commercial establishment with a total area of greater than 10,000 square feet.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Special Use Permit Renewal – Niagara Falls KOA, Grand Island Boulevard – Caretaker Residence

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the Special Use Permit for Niagara Falls KOA, 2570 Grand Island Boulevard for a caretaker residence. The property has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Local Law Intro #7 of 2009 – Rezoning – Sheridan Transit Rod & Gun Club, 551 Ransom Road, from R1-D to CR – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to set a to set a Public Hearing for Monday, October 19, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Local Law Intro #7/2009 for a request to rezone Sheridan Transit Rod & Gun Club, 551 Ransom Road, from

R1-D to CR.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

COMMUNICATIONS – GENERAL:

Resignation – Parks & Recreation Advisory Board

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the resignation of William Warren from the Parks & Recreation Advisory Board with regret and to send a certificate of appreciation to Mr. Warren.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #95607 – 95733

General $ 40,384.13

Highway $ 40,384.06

Sewer $ 13,629.80

Water $ 16,163.32

Capital $462,585.91

Fire $239,541.54

Total $812,688.76

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

UNFINISHED BUSINESS:

Metzger Civil Engineering, PLLC – Merge Lots – SBL #38.11-2-9 and a Portion of 38.11-2-6.11 – 0.08 Acre Parcel

Remains Tabled.

Local Law Intro #4 of 2009 – 6^th Street Mining Overlay District

Remains Tabled.

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: Walgreen’s Pharmacy Public Hearing for Special Use Permit

Councilman Roesch: VFW – “Chili Cook Off” – Saturday, October 10, 2009 –

1:00-6:00p.m.

Supervisor McMahon: CROP Walk success; Fire Prevention Open House – Friday – October 9, 2009 – 5:00-8:00p.m. – Fire Headquarters

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adjourn the meeting at 8:22p.m.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

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