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 20^th of July, 2009.

Present: Richard W. Crawford Deputy Supervisor

Mary S. Cooke Councilwoman

Gary G. Roesch Councilman

Susan J. Argy Councilwoman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

Excused: Peter A. McMahon Supervisor

Deputy Supervisor Richard W. Crawford called the meeting to order at 8:00p.m.

Mr. Gary Wadsworth from Bible Fellowship Center gave the Invocation.

Councilwoman Mary 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:

Final Plat Approval – Ransom Village, Section 4E (23 Lots)

A. Planning Board – Final Plat Approval Recommendation

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of Final Plat Approval for Ransom Village, Section 4E (23 Lots).

Speakers in Favor: James Dinsmore

Speakers in Opposition: None

Deputy Supervisor Crawford declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the recommendation of the Planning Board and grant Final Plat Approval for Ransom Village, Section 4E (23 Lots).

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

Grand Park Vue – Phase V – Create Lighting District #56

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of Grand Park Vue, Phase V, creating Lighting District #56.

Speakers in Favor: None

Speakers in Opposition: None

Deputy Supervisor Crawford declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the establishment of Lighting District #56 in Grand Park Vue, Phase V.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

Grand Park Vue – Phase V – Create Lighting District #56

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to amend the previous motion establishing the Lighting District #56 in Grand Park Vue, Phase V to include the adoption of the following resolution:

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 Grand Park Vue Phase V Lighting District No. 56, 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 July 6, 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 July 20, 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 $1,277.77, with an expected annual cost to the typical property in the proposed District (which typical property is a single family home) of $63.89, which said expense shall be levied and collected from the several lots and parcels of land within said District, as bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island, County of Erie, State of New York, being part of lots 107, 112 & 113 and more particularly described on 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, Crawford, Roesch, Argy

Noes 0

Dennis Phillips – Block Party – Oakridge Road – August 1, 2009

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 temporarily close a portion of Oakridge Road between # 131 and #251 on August 1, 2009 for the purposes of a block party.

Speakers in Favor: None

Speakers in Opposition: None

Deputy Supervisor Crawford declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve the request to temporarily close closing a portion of Oakridge Road between # 131 and #251 on August 1, 2009 for the purposes of a block party from am to pm

except for emergency vehicles.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #42, July 6, 2009 and Minutes of Regular Meeting #12, July 6, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

CONSENT AGENDA:

1. Town of Alden – Resolution Regarding Salt Prices

2. Meeting Minutes – Zoning Board of Appeals - June 4, 2009

3. Meeting Minutes – Planning Board – June 8, 2009

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

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Local Waterfront Revitalization Program – Solicit Lead Agency Status

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

WHEREAS, the Town Board is preparing an amendment to its Local Waterfront Revitalization Program (“LWRP”) to incorporate changes, including but not limited to, those requested by the New York Office of Coastal Resource Management [Section 1 (boundary) and Section 3 (policies)]; and

WHEREAS, the Town Board of the Town of Grand Island (“Board”) must comply with the State Environmental Quality Review Act, ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (collectively, “SEQRA”) in the review of such amendments; and

WHEREAS, the Board desires to be assume Lead Agency status to allow them to conduct a coordinated environmental review of the amendments to its LWRP;

NOW, THEREFORE, BE IT RESOLVED,

1. that the amendment to the LWRP is subject to SEQRA;

2. that the proposed action is classified as a Type I action under SEQRA;

3. that the following other agencies are SEQRA involved and/or interested agencies:

a. The NYS Department of State, Office of Coastal Resource Management;

b. The NYS Dept. of Environmental Conservation; and

c. Erie County Department of Environment and Planning;

4. that the Board hereby states its intent to be Lead Agency for the LWRP pursuant to SEQRA regulations 6 NYCRR Part 617; and

5. that the Board of Trustees hereby authorizes and directs the Town Engineer to immediately circulate a Lead Agency Coordination Notice to all SEQRA involved and interested agencies and request their consent or objections.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

Reality Café – Part-time Hires

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to appoint Lisa Parisi as a Part-time Recreation Attendant at Grade 1, Step A, effective July 21, 2009 and to appoint Phyllis Didion as a Part-time Recreation Leader at Grade 2, Step A, effective July 21, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

Authorize Supervisor to Advertise – Part-time Code Enforcement/Zoning Officer

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Supervisor to advertise the position of Part-time Zoning Officer.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

Appointment – Parks & Recreation Advisory Board

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to table the appointment to the Parks & Recreation Advisory Board.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Award Contract – Sanitary Sewer Pump Stations Auxiliary Power Wiring – Job No. M-184

Town Engineer John Whitney reported that the bids were opened on July 15, 2009 for the Sanitary Sewer Pump Stations Auxiliary Power Wiring – Job No. M-184. Four bids were received from the following:

M & M Electric Construction, Co. $ 32,810.00

CIR Electric Co. $ 42,600.00

Frey Electric Construction Co. $ 62,568.00

Weydman Electric $102,000.00

O’Connell Electric Co. $ 54,850.00**Bid Voided

After careful review of the bids, Mr. Whitney recommended the low bidder, M & M Electric Construction Co. be awarded the bid in the amount of $32,810.00.

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept Mr. Whitney’s request for low bidder M & M Electric Construction Co. be awarded the bid in the amount of $32,810.00 for Sanitary Sewer Pump Stations Auxiliary Power Wiring – Job. No.

M-184.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

PLANNING BOARD:

Hugill Storage, 2761 Bedell Road – Site Plan – Phase VI Building Construction

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the recommendation of the Planning Board and approve the Site Plan for Hugill Storage, 2761 Bedell Road, Phase VI building construction subject to the approval of the Town Engineer.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

Local Law Intro #4 of 2009 – 6^th Street Mining Overlay District – Site Plan – Mine for 2.7 Acre Pond – John Yensan

A motion was made by Councilwoman Argy, seconded by Councilman Roesch to refer Local Law Intro #4 of 2009, 6^th Street Mining Overlay District and Site Plan Approval for John Yensan to Mine a 2.7 Acre Pond to the Town Board and the Town Engineer.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

River Oaks Marina, Whitehaven Road – Revised Site Plan – Warehouse/Showroom/Service

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the recommendation of the Planning Board and approve the revised Site Plan for River Oaks Marina,

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

CODE ENFORCEMENT OFFICER – DOUGLAS LEARMAN:

Third Party Electrical Inspection Agency

Code Enforcement Officer Doug Learman informed the Town Board the Town’s third party electrical inspection agency, the New York Board of Fire Underwriters, is no longer accepting new applications for jobs and is scheduled to close on or about October 16^th of this year. Whereas §8-20 (I) of the Town Code only recognizes them as a third party inspection agency the Town must make other arrangements for electrical inspections.

The Town’s Electrical Examining Board, recommends Town Board authorizing Commonwealth Electrical Inspection Service, Inc. to be an acceptable third party electrical inspection agency.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Electrical Examining Board and designate Commonwealth Electrical Inspection Service, Inc. as the Town’s third party electrical inspection agency.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

COMMUNICATIONS – GENERAL:

Tom & Artie McAuliffe – Country Club Cottages – Proposed Development

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to refer the correspondence from Tom & Artie McAuliffe regarding the proposed development at Country Club Cottages to the Town Board.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #94895 – 94996

General $ 43,158.67

Highway $ 363.95

Sewer $ 17,829.14

Water $ 67,312.48

Garbage $100,969.04

Total $229,633.28

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

UNFINISHED BUSINESS:

Golf Course Villas at River Oaks, Phase 3, (21 Lots) – Final Plat Approval

Remains Tabled

SUSPEND THE RULES:

Resignation of Reality Café Leader

A motion was made by Councilwoman Argy, seconded by Councilman Roesch to Suspend the Rules to consider accepting the resignation of the Reality Café Leader.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the resignation of Dolly D’Orazio as the Reality Café Leader effective July 20, 2009 with regret and to send a certificate of appreciation to Mrs. D’Orazio

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

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:

Councilman Roesch & Councilwoman Cooke: Paddles Up – Beaver Island, Saturday, July 25, 2009 starting at 8:30a.m.; for more info: www.niagaragreenway.org

Deputy Supervisor Crawford: Knights of Columbus holding a BBQ Dinner & Las Vegas Night – Saturday, July 25, 2009 – 4:00-11:00p.m.

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at 8:39p.m.

APPROVED Ayes 4 Cooke, Crawford, Roesch, Argy

Noes 0

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