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 15^th of June, 2009.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Gary G. Roesch Councilman

Susan J. Argy Councilwoman

Karen M. Cooney Deputy Town Clerk

Peter C. Godfrey Town Attorney

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

Reverend Steve Lamarco from Whitehaven Road Baptist Church gave the Invocation.

Councilman Gary Roesch led the Pledge of Allegiance.

PROCLAMATIONS:

DAV Forget-Me-Not Days

Girl Scout Gold Award Recipients

PUBLIC COMMENTS:

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

Speakers: Sean Hopkins, Maryellen Walter

Re: Proposed Key Bank

PUBLIC HEARINGS:

Local Law Intro #3 of 2009 – Petition to Amend the Zoning Map – Redtek Development LLC, 2555 Grand Island Boulevard – B1 to R3

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 Local Law Intro #3 of 2009 – petition to amend the Zoning Map – Redtek Development LLC, 2555 Grand Island Boulevard from B1 to R3.

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 refer Local Law Intro #3 of 2009 a petition to amend the Zoning Map from Redtek Development LLC, 2555 Grand Island Boulevard from B1 to R3 to the Town Board for review.

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

Noes 0

Create Lighting District #53 – Majestic Woods Subdivision 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 the creation of Lighting District #53 – Majestic Woods Subdivision Phase II.

Speakers in Favor: John G. Betker, Jr.

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to refer the creation of Lighting District #53 – Majestic Woods Subdivision Phase II to the Town Engineer.

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

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #32, May 27, 2009, Minutes of Workshop Meeting #33, June 1, 2009, Minutes of Regular Meeting #10, June 1, 2009, Minutes of Workshop Meeting #34, June 2, 2009.

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

Noes 0

CONSENT AGENDA:

1. Time Warner Cable – Developments Affecting Subscribers in the Town of Grand Island

2. United States Senate, Kirsten E. Gillibrand – Staley Road Construction Project

3. United States Senate, Kirsten E. Gillibrand – Sanitary Sewer System Evaluation Study – Phase 1 Project

4. Meeting Minutes – Long Range Planning Committee – April 29, 2009

5. Meeting Minutes – GIFTS Executive Team – March 19, 2009

6. County of Erie, Chris Collins – Analysis of Impediments to Fair Housing Choice in Erie County, NY

7. Golden Age Center –Facility Usage –May 2009

8. Golden Age Center – Vehicle Usage – May 2009

9. Building Permits Issued – May 2009

10. Meeting Minutes – Planning Board – May 11, 2009

11. Meeting Minutes – Zoning Board of Appeals – May 7, 2009

12. Erie County Household Hazardous Waste Drop-Off Day – June 20, 2009

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

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

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Authorize Supervisor to Sign Memorandum of Understanding – Local Emergency Management Mutual Aid Assistance

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Memorandum of Understanding for Local Emergency Management Mutual Aid Assistance with the understanding that the disaster coordinator, deputy supervisor coordinator, and the Town of Grand Island do elect to participate in the Local Emergency Management Mutual Aid Assistance program, and that they will comply with the provisions of the agreement.

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

Bond Resolution – 2009 Paving Projects

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following bond resolution authorizing the reconstruction of and construction of various roads within the Town, at a maximum estimated cost not to exceed $1,000,000 and authorizing the issuance of serial bonds in an aggregate principal amount not to exceed $1,000,000 of the Town, pursuant to the Local Finance Law to finance said purpose, said amount to be offset by any federal , state, county and/or local funds received, and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor as follows:

BE IT RESOLVED, by the Town Board of the Town of Grand Island, in the County of Erie, New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

SECTION 1. The Town is hereby authorized to undertake the reconstruction of and construction of various roads within the Town, and other improvements in connection therewith including, but not limited to, drainage improvements and all preliminary work and necessary equipment, materials and related site work and all preliminary costs and other improvements and costs incidental thereto (collectively, the “Purpose”). The maximum estimated cost of the Purpose will not exceed $1,000,000.

SECTION 2. The Town Board plans to finance the maximum estimated cost of the Purpose by the issuance of serial bonds in an amount not to exceed $1,000,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received.

SECTION 3. It is hereby determined that the Purpose is an object or purpose described in subdivision 20(a) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is five years.

SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.

SECTION 6. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized including, but not limited to, authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

SECTION 8. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution. The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

SECTION 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION 10. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. The Town has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

SECTION 12. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

1. (a) such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) if the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with

and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication of this notice, or

2. such obligations were authorized in violation of the provisions of the Constitution of New York.

SECTION 13. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.

SECTION 14. This resolution is effective immediately

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

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Grand Island Library Parking Lot Reconstruction – Job #M-82-09

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Town Engineer to advertise for bids on June 19^th for the Grand Island Library parking lot reconstruction. The bids will be open at 10:00a.m. on Wednesday, July 1, 2009.

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

Noes 0

Safe Routes to School Project – NYSDOT Safe Routes to School Grant – PIN 5758.94

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the agreement with the New York State Department of Transportation for the Safe Routes to School Project that includes improving sidewalks and bike paths along Love Road and East Park in the area of Kaegebein School. The following resolution is adopted:

Authorizing the implementation, and funding in the first instance 100% of the Federal-Aid eligible costs, of a Transportation Federal-Aid project, to fully fund the local share of Federal-Aid eligible and ineligible projects costs, and appropriating funds therefore

Whereas, a Project to provide a Safer Environment for Grand Island School Children who regularly walk to school, known as the Town of Grand Island Safe Routes to School Project, PIN 5758.94, (the Project) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 100% Federal Funds an 0% Non-Federal funds; and

Whereas, the Town of Grand Island desires to advance the Project by making a commitment of 100% of the Non-Federal share of the costs (if any) of the Construction Phase of the project, PIN 5758.94

Now, therefore, the Town Board of the Town of Grand Island, duly convened does hereby

Resolve, that the Town Board of the Town of Grand Island hereby approves the above-subject project; and it is hereby further

Resolved, that the Town Board of the Town of Grand Island hereby authorizes the Town of Grand Island to pay in the first instance 100% of the Federal and Non-Federal shares of the cost of the Construction Phase of the Project or portions thereof, and it is further

Resolved, that the sum of $53,000 is hereby appropriated or appropriated from the 2009 capital budget and made available to cover the cost of participation in the above phase of the Project; and it is further

Resolved, that in the event the amount required to pay 100% of the full Federal and Non-Federal shares of the cost of the project’s Construction Phase exceeds the amount appropriated, the Town of Grand Island shall convene its Board as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and it is further

Resolved, that the Supervisor of the Town of Grand Island be and hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town of Grand Island with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Municipality’s first instance funding of Project costs and permanent funding of the local share of the Federal-Aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further

Resolved, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further

Resolved, this resolution shall take effect immediately.

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

Noes 0

WARN – New York State Water and Wastewater Agency Response Network – Water/Wastewater Mutual Aid Agreement

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the agreement with the New York State Water and Wastewater Agency Response Network to join a mutual aid network of water/wasterwater providers.

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

Noes 0

RECREATION DIRECTOR – LINDA TUFILLARO:

Summer Program Hires – 2009

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Recreation Director and approve the following Summer Program Hires:

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to approve the transfer of $8,000 from Trust and Agency Account to the Recreation Fund for the purpose of the construction of a path at Ransom Village subject to the approval of the plans by the Town Attorney.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for Crown Castle USA, Inc. for a cell tower located on the Bedell Road Bikepath. The site has been inspected and it is unchanged.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to renew the Special Use Permit for Crown Castle USA, Inc. for a cell tower located on at 3078 Staley Road. The site has been inspected and it is unchanged.

Special Use Permit Renewal – Gail Villani, East River Road – Keeping of 1 Agricultural Animal on 2.3 Acres

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to renew the Special Use Permit for Gail Villani, 5302 East River Road for keeping of 1 agricultural animal on 2.3 acres. The site has been inspected and it is unchanged.

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and approve the merge of two lots – SBL 50.02-1-17 & 50.02-1-16, subject to the owner filing all the appropriate paperwork with the Erie County Clerk satisfactory to the Town Attorney.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution in the matter of the clarification of the name of White Oak Terrace located in the Fairway Greens of River Oaks Subdivision as follows:

WHEREAS, within the Fairway Greens of River Oaks Subdivision (the “Subdivision”) there is a roadway commonly known as White Oak Terrace; and

WHEREAS, map covers of the Subdivision which have been recorded in the Erie County Clerk’s Office are inconsistent as to the name of said roadway in that the roadway is shown on said map covers as “White Oak Terrace”, “White Oak Lane” and “Private Roadway”; and

WHEREAS, the Town believes that it is in the best interests of the Town and the residents of the Fairway Greens of River Oaks Subdivision to clarify the name of the roadway as “White Oak Terrace”, notwithstanding any inconsistent references on any Subdivision map covers; and

WHEREAS, representatives of the Fairway Greens of River Oaks Association, Inc. have requested the Town of Grand Island (the “Town”) approve the filing of a Correcting Affidavit to clarify information on certain map covers that incorrectly refer to “White Oak Terrace” as “White Oak Lane” or “Private Roadway”;

RESOLVED, that the Town Board hereby approves of the filing of a Correcting Affidavit by the attorneys for the Fairway Greens of River Oak Association, Inc. with the County Clerk of Erie County, New York clarifying the name of “White Oak Terrace” as follows:

Upon the map covers listed as follows, the street labeled as “Private Roadway” in the respective map detail in the upper-right quadrant should correctly read “White Oak Terrace”:

a. Map cover no. 3198, titled “Fairway Greens of River Oaks Phase II - Cluster 15” filed in the Erie County Clerk’s Office on March 19, 2004;

b. Map cover no. 3211, titled “Fairway Greens of River Oaks Phase II - Cluster 16” filed in the Erie County Clerk’s Office on June 30, 2004;

c. Map cover no. 3303, titled “Fairway Greens of River Oaks Phase II - Cluster 19” filed in the Erie County Clerk’s Office on February 22, 2006;

d. Map cover no. 3223, titled “Fairway Greens of River Oaks Phase II - Cluster 21” filed in the Erie County Clerk’s Office on October 12, 2004; and

Upon the map covers listed as follows, the street labeled “White Oak Lane” in the respective map detail in the upper-right quadrant should correctly read “White Oak Terrace”:

e. Map cover no. 3287, titled “Fairway Greens of River Oaks Phase II - Cluster 18” filed in the Erie County Clerk’s Office on October 17, 2005; and

f. Map cover no. 3292, titled “Fairway Greens of River Oaks Phase II - Cluster 20” filed in the Erie County Clerk’s Office on December 7, 2005;

RESOLVED, that a copy of this Resolution and Consent of Town Board shall be attached to and made a part of the Correcting Affidavit to be recorded with the Erie County Clerk’s Office, and that the Town shall be provided with a copy of the recorded Correcting Affidavit; and be it further

RESOLVED, that in accordance with New York State Town Law Section 64(9), the Town Clerk shall, within ten (10) days after the adoption of this Resolution, notify the Board of Assessors and the Planning Board of the Town of Grand Island, the Erie County Clerk, the Erie County Engineer and the United States Post Office of the change of name as herein described.

New York State, Office of Parks, Recreation and Historic Preservation – Veteran’s Park Access Improvement

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept the resignation of the Zoning Officer with regret and to send Mr. McCarthy a certificate of appreciation. The Supervisor is further authorized to advertise for the filling of the vacancy.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt a resolution for KeyCorp, a proposed KeyBank Site Plan Approval with modifications as follows:

Be it hereby resolved that the site plan application of Benderson Development for a Key Bank at Tops Plaza, Grand Island Blvd., is hereby approved with the modification that the turning lane proposed from Whitehaven Road is deleted, for the reasons stated in the record and herein.

At the outset, the Board notes that Benderson and Key Bank worked diligently with the various advisory boards to develop a plan meeting Key Bank’s needs, and the Board has considered all of the recommendations, including the comments of the NYSDOT, the County, and the expert evidence provided by the applicant’s and the Town’s traffic experts.

The Board finds the need for the Whitehaven turn-in lane does not justify the risk to public safety, including pedestrian safety. The turn-in lane is not needed for site access or the safety of plaza or bank patrons. Rather, as the Bank explained at a meeting with the Board, the Bank has established desired measures of convenience for its customers, measured, in relevant part, by how close the ingress and egress points are to the banking facility. The Board has no quarrel with the business desires of the Bank, but finds the personal convenience of the Bank and its customers cannot justify the quantified threat to public safety or the unnecessary impact on traffic of the turn-in lane. While the two experts disagree on the scope of the impacts, they are not insignificant, and they outweigh the de minimus benefit to the Bank of a slightly shorter ingress route for some of the Bank’s customers. The Board also notes that it has, along with its advisory committees, worked for a decade to improve the walkability of the Town’s central core, as measured by the Town Comprehensive Plan, the recent zoning amendments to the Town Center Districts, and adoption of design standards, and the turn-in lane conflicts with that goal.

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

Councilwoman Cooke: Hazardous Waste Pickup – ECC South – Saturday, June 20^th; Island Happenings – Town Common – Saturday, June 27^th, Gazebo Concerts Start Tuesday, July 2^nd, Parade – Saturday, July 4^th

Councilman Roesch: Father’s Day, June 21^st – Lawnmower Race – West River Parkway

Supervisor McMahon: Great American Clean Up – Town Hall – Saturday, June 20^th

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 8:51p.m.