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 17^th of May, 2010.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Gary G. Roesch Councilman

Raymond A. Billica Councilman

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 Roesch led the Pledge of Allegiance.

PROCLAMATIONS:

Boy Scouts of America – Venturing Silver Award

Grand Island High School – DECA Award Winners

VFW Buddy Poppy Days

Eagle Scout

PRIVILEGE OF THE FLOOR:

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

Speakers: None

PUBLIC HEARINGS:

Local Law Intro #4 of 2010 – Amendments to Chapter 49, Zoning Code

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Local Law Intro #4/2010 – Amendments to Chapter 49, Zoning Code – to consider adding fire stations to certain zoning districts, better define campgrounds and reduce the legal height of boathouses.

Speakers in Favor: None

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt Local Law #5/2010 amendments to Chapter 49 – Zoning Code as follows:

Section 1: Town Code § 49-12 Definitions, is amended to add a new subparagraph 12A, which shall read in its entirety as follows:

12A CAMPGROUNDS - a facility providing access, water, sanitary, and electrical services where persons are lodged in cabins, tents, or a lodge for a seasonal or temporary period of time (less than 90 days) for recreational purposes. Cabins and tents in campgrounds shall not exceed 500 square feet. Covered trash and garbage receptacles must be provided and the campground shall be kept free of litter, trash, and debris. No mobile home or trailer coaches designed for permanent habitation shall be allowed and use of the campground shall not include the storage of vacant recreational vehicles. The design and operation of the facilities shall not significantly decrease the quality of the environment of the surrounding area through the imposition of large volumes of traffic or produce levels of odor, noise, glare, light, or similar conditions which are incompatible with the character of the area. Any lighting fixtures used shall be so arranged as to reflect the light away from adjoining residential lots. Site plans shall be required showing the location of cabins or tents, and approvals may be conditioned to require exterior visual and/or noise barriers including, but not limited to, berming, landscaping and/or fencing as may be required to protect the health, safety and welfare of neighboring properties.

Section 2: : Town Code § 49-170, subsection A, is amended in its entirety, as follows:

A. Boathouses and docking facilities in residential districts shall be limited to those required to accommodate a maximum of three (3) boats, which may include power-operated boats and non-power craft such as rowboats, sailboats and canoes. Such facilities shall be limited to sixteen (16) feet or one story in height from mean high water level; and

Section 3: Town Code § 49-12 is amended to modify the definition of Essential Public services by adding the following sentence at the end of the definition: “Essential Public Services do not include fire stations.”

Section 4: Town Code § 49-191, titled “Fire Stations” is hereby added to read as follows: “Fire Stations: Fire Stations are a permitted use in every zoning district. The Town Board, at its discretion, may require a site plan for a Fire Station.”

Section 5: This Local Law shall be effective upon filing with the Secretary of State in accordance with the Municipal Home Rule Law.

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

Noes 0

Special Use Permit Application – Mary Beth and Jeffrey A. Smith, 2655 Fix Road – Commercial Horse Boarding Operation

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to a request for a Special Use Permit for Mary Beth and Jeffrey A. Smith, 2655 Fix Road to operate a commercial horse boarding operation.

Speakers in Favor: Mary Beth Smith

Speakers in Opposition: Christopher Russell, Donald Dickinson, Paul Schultz

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the request for a Special Use Permit for Mary Beth and Jeffrey A. Smith, 2655 Fix Road to operate a commercial horse boarding operation to the Town Board for review.

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

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to approve Minutes of Workshop Meeting #25, April 27, 2010, Minutes of Workshop Meeting #26, May 3, 2010, Minutes of Workshop Meeting #27, May 3, 2010, Minutes of Regular Meeting #8, May 3, 2010 and Minutes of Workshop Meeting #28, May 11, 2010.

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

Noes 0

CONSENT AGENDA:

1. Golden Age Center – Vehicle Usage – April 2010

2. Golden Age Center – Facility Usage – April 2010

3. Building Permits Issued – April 2010

4. Time Warner Cable – Developments Affecting Time Warner Cable Subscribers in Grand Island

5. Meeting Minutes – Zoning Board of Appeals – April 1, 2010

6. County Executive, Chris Collins – Notice of Finding of No Significant Effect on the Environment – Grandyle Village Sidewalk Improvements

7. New York State Department of Environmental Conservation – Notice of Complete Application – Ashby Property, 81 Jen Court

8. State of New York, Department of State – Town of Tonawanda Local Waterfront Revitalization Program

9. Meeting Minutes – Commission for Conservation of the Environment – April 8, 2010

10. Meeting Minutes – Grand Island Economic Development Advisory Board – April 8, 2010

A motion was made by Councilman Billica, seconded by Councilman Roesch to approve the consent agenda as distributed.

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

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Community Development Block Grant

Amend 2010 Budget

The Town received a Community Development Block Grant in the amount of $100,000 for sidewalk construction and repairs in the area of Kaegebein School. The funds will be matched with $17,000 from the Town of Grand Island and will cover 8,400 square feet of new sidewalk and 1,600 square feet of repairs on LaSalle and Elsie Lane.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to amend the 2010 Budget as follows:

001.0001.9999 Appropriated Fund Balance Increase $17,000

001.5410.0449 Sidewalk Fund Balance Increase $17,000

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

Noes 0

Authorize Supervisor to Sign Contracts with Erie County

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the contracts with Erie County that are required to complete the grant.

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

Noes 0

Monthly Supervisor’s Report – April 2010

The Supervisor reported a cash balance of $118,121 on April 1, 2010

Total Receipts of $1,816,642

Total Disbursements of $1,284,048

Operating A/C Interest $72

Operating A/C Balance $650,786

Investment Interest $3,550

Investment Balance $9,792,465

Total Cash Balance as of April 30, 2010 $10,443,252

No action required by Town Board.

Resolution in Support of Life Technologies – Empire Zone Designation

A motion was made by Councilman Roesch, seconded by Councilman Crawford to adopt the following concurring resolution with the Town of Tonawanda in support of Life Technologies Empire Zone Designation:

WHEREAS, New York State has created the Economic Development Zone Program, now known as the Empire Zones Program, to encourage industrial and commercial development in select municipalities across the State; and

WHEREAS, the Town of Tonawanda, as an eligible municipality, received designation of an Empire Zone and was re-designated as distinct and separate contiguous areas pursuant to Section 957 (d) of the general municipal law; and

WHEREAS, New York State has amended the Zones program to increase benefits and allow additional areas to be deemed as Regionally Significant Projects; and

WHEREAS, the Town of Tonawanda intends to amend the Town of Tonawanda Empire Zone boundaries to encourage industrial and commercial development and to allow for the designation of lands in the Town of Grand Island for a Regionally Significant Project, and

WHEREAS, Life Technologies Corporation located at 3175 Staley Road, Grand Island, New York meets the criteria of 957 (d) of the general municipal law as a regionally significant project by creating 40 new jobs for inclusion within the Town of Tonawanda Empire Zone in an area outside the distinct and separate contiguous areas, and

WHEREAS, the Town of Grand Island wishes to support and concur with the Empire Zone designation of SBL 36.00-4-31 and SBL 50.00-1-16, as a Regionally Significant Project on behalf of Life Technologies Corporation, and

NOW, THEREFORE, be it resolved that the Town of Grand Island Town Board, in its capacity as governing body of the Town of Grand Island, does hereby support and concur with the Town of Tonawanda Empire Zone to include the properties more particularly described below as follows:

SBL 36.00-4-31

SBL 50.00-1-16

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ACCOUNTANT – PAM BARTON:

Budget Amendment

The first half of the 2009-2010 NYS Local Government Records Management Improvement Fund (LGRMIF) Grant for the Town of Grand Island has been received in the amount of $18,231. This grant was obtained for a GIS Pilot Project for the purchase hardware and software, and professional services required to implement the system for the collection of GIS data.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the budget amendment as follows:

Increase Revenue a/c 001.0001.3007 NYS Grants $ 18,231

Increase Appropriation 001.1440.0443 Engineering – Dept. Supp. $ 4,095

Increase Appropriation 001.1440.0409 Engineering – Prof. Svcs $ 10,270

Increase Appropriation 001.1620.0200 Shared Svcs – Equipment $ 3,860

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

Noes 0

RECREATION DIRECTOR – LINDA TUFILLARO:

Summer Hires

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to hire the following for Recreation Attendants Part-time for maintenance and programs for a maximum employment time of five months:

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

Noes 0

COMMUNICATIONS – GENERAL:

County of Erie, Department of Health – Project SWAT: Mosquito Larvicide “Cost Share”

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the correspondence from the County of Erie, Department of Health regarding Project SWAT to the Town Board for review.

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

Noes 0

Nancy and Robert Davis, 1384 Glen Avon Road – Request to Merge SBL’s - #51.10-1-55, #51.10-1-56 and #51.10-1-57

A motion was made by Councilman Roesch, seconded by Councilman Billica to approve the request to merge SBL’s - #51.10-1-55, #51.10-1-56 and #51.10-1-57, all the paperwork has been properly filed and recorded with the Erie County Clerk’s office.

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

Noes 0

Resignation – Board of Ethics

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the resignation of the Dennis Badame from the Board of Ethics with regret and a certificate of appreciation to Mr. Badame for his many years of service.

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

Noes 0

Grand Island Chamber of Commerce – Island Happenings/KidBiz Sale, Closing of Whitehaven Road from Baseline Road to Grand Island Boulevard, Saturday, June 26, 2010

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the use of Town Common and the closing of Whitehaven Road from Baseline Road to Grand Island Boulevard, Saturday, June 26, 2010 for the Grand Island Chamber of Commerce – Island Happenings/Kid Biz Sale.

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

Noes 0

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #97696 – 97791

General $ 14,047.98

Highway $ 4,051.92

Sewer $ 10,028.46

Water $ 62,316.56

Capital $ 65,826.00

Garbage $103,596.78

Total $259,867.70

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

Noes 0

SUSPENSION OF RULES:

Temporary Use of Travel Trailer – 1086 Baseline Road

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to Suspend the Rules to consider the temporary use of a travel trailer at 1086 Baseline Road

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

Noes 0

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the temporary use of a travel trailer at 1086 Baseline Road until October 1, 2010.

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

Noes 0

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:

Councilman Roesch: Golden Age Center Anniversary – Sunday 1-4p.m.; School Budget/Board Vote – Tuesday – H.S. Gym; Rotary Club Lobster Fest – June 11^th – Buffalo Launch Club

Councilwoman Cooke: Memorial Day Services Veteran’s Park – 10:00a.m.

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to adjourn the meeting at 8:41p.m.

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

Noes 0

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