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 16^th of November, 2009.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Gary G. Roesch Councilman

Susan J. Argy Councilwoman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

Excused: Richard W. Crawford Councilman

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

Pastor Jonathan Beebe from Whitehaven Road Baptist Church gave the Invocation.

Councilwoman Mary S. Cooke 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:

Create Lighting District #57 – Waterford Park Phase II

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition to creating Lighting District #57 – Waterford Park Phase II.

Speakers in Favor: None

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the following resolution creating Lighting District #57 for Waterford Park Phase II as follows:

WHEREAS, previously the Town Board of the Town of Grand Island, received a petition, signed and acknowledged in the manner required by law by sufficient number of property owners, together with a map, plan and report for the creation of the Waterford Park Phase II Lighting District No. 57, Town of Grand Island, the boundaries of which said district are set forth below, and the improvements proposed consist of an electric street lighting system serving said district; and

WHEREAS, pursuant to an Order adopted by this Town Board on November 2, 2009, reciting the filing of the map, plan and report, the improvements proposed, the method of financing, the boundaries of the proposed Creation and all other matters required to be stated by law, the Town Board of the Town of Grand Island held a duly noticed public hearing at the Town Hall, 2255 Baseline Road, Grand Island, New York at 8:00 p.m. on November 16, 2009, to consider creation of said district including the environmental significance thereof and to hear all persons interested in the subject thereof, concerning the same, and for such other further action on the part of said Town Board, with relation to the proposed district.

NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND as follows:

1. Establishment of the Lighting District will not have a significant adverse impact on the environment and therefore a Negative Declaration of Environmental Significance has been issued for the creation of this District.

2. That the Petition is signed and acknowledged or proved or authenticated as required by law, and is otherwise sufficient.

3. That the notice of public hearing was duly published and posted as required by law, and is otherwise sufficient.

4. That all properties and property owners benefitted by the improvements are included in the District.

5. That all properties and property owners included in the District are benefitted thereby.

6. That it is in the public interest to create the Lighting District.

7. That creation of the District as set forth in the map, plan and report is approved, that the performance of supplying electrical street lighting service be contracted for by the Town Board acting for and on behalf of the District for the illumination of streets or highways in said District pursuant to the provisions of New York Town Law § 198(6), with an annual total charge not to exceed $1,064.81, with an expected annual cost to the typical property in the proposed District (which typical property is a single family home) of $70.99, which said expense shall be levied and collected from the several lots and parcels of land within said District, as bounded and described as set forth on the attached Schedule A.

8. This Resolution is effective immediately. Within ten (10) days after adoption the Town Clerk shall file one certified copy of this Resolution with the State Comptroller and the Office of the Erie County Clerk.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #61, October 26, 2009, Minutes of Workshop Meeting #62, October 27, 2009, Minutes of Workshop Meeting #63, November 2, 2009, Minutes of Regular Meeting #20, November 2, 2009, and Minutes of Workshop Meeting #64, November 6, 2009.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

CONSENT AGENDA:

1. Building Permits Issued – October 2009

2. Double D Construction – Updated Insurance Requirements

3. Golden Age Center – Vehicle Usage – October 2009

4. Golden Age Center – Facility Usage – October 2009

5. Time Warner Cable – Developments Affecting Time Warner Cable Subscribers

6. Meeting Minutes – Grand Island Memorial Library – July 15, 2009

7. Meeting Minutes – Parks & Recreation Advisory Board – January 2009 through October 2009

8. Meeting Minutes – Planning Board – October 13, 2009

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

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – October 2009

The Supervisor reported a cash balance of $427,732 on October 1, 2009

Total Receipts of $1,506,561

Total Disbursements of $1,331,733

Operating A/C Interest $63

Operating A/C Balance $602,625

Investment Interest $2,314

Investment Balance $5,942,063

Total Cash Balance as of October 31, 2009 $6,544,686

No action required by Town Board.

Appointment – Account Clerk

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to appoint Elaine Petit as Account Clerk effective December 7, 2009 at Grade 3, Step A, starting salary of $13.96 per hour subject to the completion of the required paperwork.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

2010 Sewer Rents – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public Hearing for Monday, December 7, 2009 at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to the proposed 2010 Sewer rates.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Request Authorization to Advertise for Bids – West River Road Drainage Program D-38

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Engineer to advertise for bids on the proposed West River Road Drainage Program D-38 on Friday, December 4^th and open bids on Wednesday, December 16, 2009 at 10:00a.m.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Country Club Cottages – Phase 1 – Conditional Approval of the Preliminary Plat

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and grant Conditional Approval of the Preliminary Plat for Country Club Cottages – Phase 1.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

RECREATION DIRECTOR – LINDA TUFILLARO:

Part-Time Winter Hires

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Recreation Director and approve the hiring of the following individuals for Part-time Winter Programs subject to the completion of the required paperwork:

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

TOWN ACCOUNTANT – PAMELA BARTON:

Budget Amendment – Receipt of Final 10% NYS LGRMIF Funds

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the following budget amendment for the receipt of final 10% NYS LGRMIF funds:

Increase Revenue a/c 001.0001.3007 NYS Grants $1,504

Increase Appropriation 001.1620.0458 Shared Svcs-Network Admin $1,504

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

PLANNING BOARD:

Whitehaven Farms/Part of River Oaks/Proposed PDD – Concept Plan

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the Planning Board correspondence regarding Whitehaven Farms/Part of River Oaks Proposed PDD – Concept Plan to the Town Attorney to arrange attendance at the next Planning Board meeting for legal advice on the open space issue.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Stephen J. Kaplan and Christopher Beyer, 1865 Stony Point Road & 1839 Stony Point Road – Move Property Lines

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Planning Board and approve the request to split 70’ of right of way be divided evenly between two property owners, making no additional new parcels subject to evidence satisfactory to the Town Attorney that all the required paperwork has been filed with the Erie County Clerk’s office.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Double-D Construction, Bedell Road – Site Plan Approval/Contractor’s Yard

A. Correspondence – Doug Learman, Code Enforcement Officer – Contractor’s Yard

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to table Site Plan Approval for a contractor’s yard pending the outcome of a meeting requested by the applicant.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

ANIMAL CONTROL OFFICER – GREG BUTCHER:

Special Use Permit Renewal – Cyrus Ardalan, 5345 East River Road – Keeping of up to 10 Agricultural Animals on 50 Acres

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for Cyrus Ardalan, 5345 East River Road for keeping of up to 10 agricultural animals on 50 acres. The property has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Special Use Permit Renewal – John R. Ventry, 3440 Stony Point Road – Keeping of 1 Agricultural Animal on 2+ Acres

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the Special Use Permit for John R. Ventry, 3440 Stony Point Road for keeping of up to 1 agricultural animal on 2+ acres. The property has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Special Use Permit Renewal – Joseph Higgins, 900 Ransom Road – Keeping of 3 Agricultural Animals on 4.35 Acres

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for Joseph Higgins, 900 Ransom Road for keeping of 3 agricultural animals on 4.35 acres. The property has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Special Use Permit Renewal – Richard Benz, 828 East River Road – Keeping of 3 Agricultural Animals on 4 Acres

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to renew the Special Use Permit for Richard Benz, 828 East River Road for keeping 3 agricultural animals on 4 acres. The property has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Special Use Permit Renewal – Michael & Judith Schneider, 1952 Harvey Road – Keeping of 3 Agricultural Animals on 6.02 Acres

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to renew the Special Use Permit for Michael & Judith Schneider, 1952 Harvey Road for keeping 3 agricultural animals on 6.02 acres. The property has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

COMMUNICATIONS – GENERAL:

Grand Island Chamber of Commerce – Support Island Wide SEQR

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the correspondence from the Chamber of Commerce regarding support of an Island-wide SEQR to the Town Board.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

Retirement – Account Clerk/Mini-Computer Operator

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the resignation of Annette Sapienza as Account Clerk/Mini-Computer Operator effective January 30, 2010 with regret. A certificate of appreciation will be sent to Mrs. Sapienza.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

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

A. Correspondence – Larry & Jayne Playfair & Family

B. Correspondence – Edmund A. Colan & Family

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to include the correspondence from Larry & Jayne Playfair and Edmund A. Colan in the public comments from the Public Hearing of Local Law Intro #7 of 2009, rezoning the Sheridan Transit Rod & Gun Club, 551 Ransom Road, from R1-D to CR.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #96021 – 96092

General $ 28,125.16

Highway $ 273.28

Sewer $ 7,798.86

Water $ 6,978.77

Capital $ 15,294.00

Garbage $100,969.04

Total $159,439.11

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

UNFINISHED BUSINESS:

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:

From All: Happy Thanksgiving!

Councilwoman Cooke: Library’s Discarded Book Sale: Friday 10-5pm, Sat. 10-3pm; Community Chorus Concert – Sunday December 6^th – St. Stephen’s – 7:00p.m.

Councilman Roesch: Shotgun hunting starts on Saturday, November 21^st, be careful.

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 8:22p.m.

APPROVED Ayes 4 Cooke, Roesch, Argy, McMahon

Noes 0

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