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 8^th of September, 2009.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Gary G. Roesch Councilman

Patricia A. Frentzel 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 Paul Nogaro from St. Stephen R.C. Church gave the Invocation.

Supervisor Peter A. McMahon 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:

Majestic Woods Subdivision Phase 2 – Lighting District #53 – Improvements

A Public Hearing was held on Tuesday, September 8, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to .

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 the following resolution approving the increase and improvement of facilities of the Town of Grand Island Majestic Woods Subdivision Phase Two Lighting District No. 53 as follows:

WHEREAS, the Town Board has determined to add an additional street light to the District, and all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto, (the "Improvements"); and National Grid has determined the increase in the cost of the lighting service will be a maximum amount of $372; said cost to be financed by an annual levy on the properties in the District; and

WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board found that no substantial adverse environmental impact will be caused thereby; and

WHEREAS, the Town Board and the Town have 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, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, which has been filed in the office of the Town Clerk.

WHEREAS, the Town Board issued an Order at its August 17, 2009 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on September 8, 2009 at 8:00 o’clock P.M. (prevailing time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law, and further ordered the Town Clerk to publish at least once in a newspaper designated as an official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing; and

WHEREAS, said notices of the public hearing were properly published and posted and the public hearing duly held at the time and place stated in the notices.

NOW THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, based on the information provided at the public hearing, as follows:

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of $372; and it is hereby

DETERMINED, that the parcels and lots of the District shall be benefited by said increase and improvement of the facilities of the District; and it is hereby

DETERMINED, that all parcels and lots benefited by said increase and improvement of the facilities are included in the District; and it is hereby

ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of the facilities, and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible, and it is hereby

FURTHER ORDERED, that the expense of said increase and improvement of the facilities shall be financed by an annual levy on the properties in the District in an amount not to exceed $372, and the amounts so apportioned shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law, and it is hereby

FURTHER ORDERED, that within ten (10) days after adoption of this Resolution and Order, the Town Clerk shall record with the Clerk of the County of Erie a copy of this Resolution and Order, certified by said Town Clerk.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Karen DiCarlo – Block Party – Jen Court – September 12, 2009

A Public Hearing was held on Tuesday, September 8, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment on the temporary closing of a portion of Jen Court between #28 and # 58 for a Block Party on September 12, 2009 (rain date September, 19, 2009).

Speakers in Favor: None

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

Karen DiCarlo – Block Party – Jen Court – September 12, 2009

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the request to temporarily close closing a portion of Jen Court between #28 and #58 on September 12, 2009 (rain date September 19, 2009) from 3:00p.m. to 12:00a.m. for the purposes of a block party except for emergency vehicles.

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 #47, August 14, 2009, Minutes of Workshop Meeting #48, August 14, 2009, Minutes of Workshop Meeting #49, August 17, 2009, Minutes of Regular Meeting #15, August 17, 2009, Minutes of Workshop Meeting #50, August 19, 2009, Minutes of Workshop Meeting #51, August 19, 2009 and Minutes of Workshop Meeting #52, August 25, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

CONSENT AGENDA:

1. Meeting Minutes – Zoning Board of Appeals – July 2, 2009

2. Meeting Minutes – Commission for the Conservation of the Environment – June 11, 2009

3. Meeting Minutes – Board of Architectural Review – July 21, 2009

4. Town of Holland, Town of Elma – Resolution Regarding Salt Prices

5. Meeting Minutes – Grand Island Memorial Library – April 29, 2009

6. Time Warner Cable – Switched Digital Video

7. Golden Age Center – Vehicle Usage – August 2009

8. Building Permits Issued – August 2009

9. Golden Age Center – Facility Usage – August 2009

10. Erie County Hazardous Waste Drop-Off Day – September 12, 2009

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:

Appointment – Economic Development Advisory Board

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to appoint Michael Steinagel to the Economic Development Advisory Board for the balance of a term set to expire December 31, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Monthly Supervisor’s Report – May, June, July, August 2009

The Supervisor reported a cash balance of $320,663 on May 1, 2009

Total Receipts of $998,543

Total Disbursements of $1,102,206

Operating A/C Interest $34

Operating A/C Balance $217,034

Investment Interest $4,808

Investment Balance $8,783,360

Total Cash Balance as of May 31, 2009 $9,000,394

The Supervisor reported a cash balance of $217,034 on June 1, 2009

Total Receipts of $1,534,624

Total Disbursements of $1,495,907

Operating A/C Interest $41

Operating A/C Balance $255,792

Investment Interest $3,718

Investment Balance $8,342,361

Total Cash Balance as of June 30, 2009 $8,598,153

The Supervisor reported a cash balance of $255,792 on July 1, 2009

Total Receipts of $2,440,877

Total Disbursements of $2,286,752

Operating A/C Interest $49

Operating A/C Balance $409,968

Investment Interest $3,362

Investment Balance $6,845,237

Total Cash Balance as of July 31, 2009 $7,255,204

The Supervisor reported a cash balance of $409,968 on August 1, 2009

Total Receipts of $1,295,679

Total Disbursements of $1,361,013

Operating A/C Interest $34

Operating A/C Balance $344,668

Investment Interest $2,883

Investment Balance $6,340,816

Total Cash Balance as of August 30, 2009 $6,685,484

No action required by Town Board.

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

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Local Law Intro #4 of 2009 to amend the Zoning Law and create a Mining Overlay District on property located at First Avenue and Sixth Street for the purposes of a recreational pond.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Supervisor’s Secretary

Supervisor McMahon informed the Town Board that Jacqueline McGinty has been appointed as the Secretary to the Supervisor effective September 1, 2009.

No action by the Town Board is necessary.

Appointments – Part-time Zoning Inspectors

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to establish the pay grade for a part-time Zoning Inspector to Grade 6, Step A, effective September 9, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to appoint Daniel A. Linenfelser and William Shaw as part-time Zoning Inspectors, at Grade 6, Step A, effective September 9, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Authorize Supervisor to Sign – 2009 Parks Grant Application

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the applicant, execute the project agreement if the grant is approve and adopt the following resolution:

WHEREAS, Development of Veterans Park began after the donation of land in 1972; and

WHEREAS, the Town of Grand Island appreciates the importance of safe and accessible recreational facilities on Grand Island; and

WHEREAS, the existing playground in Veterans Park does not provide accessibility for all residents; and

WHEREAS, both residents and visitors to Veterans Park have expressed their interest in the construction of a usable playground; and

WHEREAS, the Town of Grand Island is committed to making its facilities ADA compliant and providing recreational opportunities to all residents; and

WHEREAS, the Town of Grand Island will endeavor to replace used playground equipment with a new, ADA compliant, usable playground,

NOW, THEREFORE, BE IT RESOLVED, that Peter McMahon, Supervisor of the Town of Grand Island, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $200,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Grand Island for improvements to Veterans Park.

BE IT FURTHER RESOLVED, that the Town Board of the Town of Grand Island reaffirms the Veterans Park Master Development Plan (1992) and the Veterans Park Master Plan Update: 2003-2014 (2003).

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Public Notice Re: 30-day Period for Inclusion in an Agricultural District

Supervisor McMahon informed the Town Board that the Erie County Legislature has designated November 1^st through November 30^th as the annual thirty-day period during which land owners may submit requests to include predominantly viable agricultural land into an existing certified agricultural districts. A public notice will be posted on the Town’s bulletin board. No action by the Town Board is necessary.

Final Plat Approval – East River Landings, Phase 2, 1 Lot – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Final Plat Approval for East River Landings, Phase 2, 1 lot.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

TOWN ATTORNEY – PETER GODFREY:

Bond Resolution - $2,000,000 Improvements of the Town Consolidated Sewer District – (WW Ragging Elimination Project-2009) – Set Public Hearing

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution setting a Public Hearing:

WHEREAS, the Town Board of the Town of Grand Island (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York, has, pursuant to Town Law, created the Town of Grand Island Consolidated Sewer District (the “District”), and has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for the District’s sewer system improvements including, but not limited to, the installation of a rag removal system and equipment and the construction of improvements to the wastewater treatment plant, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (collectively, the “District Improvement”); and pursuant to the direction of the Town the Engineer has completed and filed with the Town Board such map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be a maximum amount of $2,000,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $2,000,000, offset by any federal, state, county and/or local funds received.

NOW, THEREFORE, BE IT ORDERED that a meeting of the Town Board of the Town of Grand Island will be held at the Town Hall, 2255 Baseline Road, Grand Island, New York, on September 21, 2009 at 8:00 p.m. o’clock P.M. (prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it

FURTHER ORDERED, that the Town Clerk publish at least once in each newspaper designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Bond Resolution - $225,000 Improvements of the Town Consolidated Sewer District – (WW Pressure Swing Absorption System Upgrades) – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution setting a Public Hearing:

WHEREAS, the Town Board of the Town of Grand Island (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York, has, pursuant to Town Law, created the Town of Grand Island Consolidated Sewer District (the “District”), and has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for the District’s sewer system improvements including, but not limited to, the replacement of the pressure swing absorption (PSA) system at the wastewater treatment plant, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto, (collectively, the “District Improvement”); and pursuant to the direction of the Town the Engineer has completed and filed with the Town Board such map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be a maximum amount of $225,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $225,000, offset by any federal, state, county and/or local funds received.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Bond Resolution - $130,000 Increase and Improvements of Facilities for the Town Consolidated Sewer District – (WW Plant Improvements – Acquisition of Equipment, Machinery and Apparatus) – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution setting a Public Hearing:

WHEREAS, the Town Board of the Town of Grand Island (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York, has, pursuant to Town Law, created the Town of Grand Island Consolidated Sewer District (the “District”), and has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for the District’s sewer system improvements including, but not limited to, the acquisition of equipment, machinery and apparatus for the District, all of the forgoing to include all necessary site work, additional equipment, additional apparatus and other improvements and costs incidental thereto, (collectively, the “District Improvement”); and pursuant to the direction of the Town the Engineer has completed and filed with the Town Board such map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be a maximum amount of $130,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $130,000, offset by any federal, state, county and/or local funds received.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Bond Resolution - $275,000 for the Planning of a Future Capital Improvements Project Responding to DEC Consent Order

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt the following Bond Resolution:

AUTHORIZING THE PLANNING OF A FUTURE CAPITAL IMPROVEMENTS PROJECT TO ACHIEVE THE ELIMINATION OF SANITARY SEWER OVERFLOWS (IN ACCORDANCE WITH A CONSENT ORDER BEING NEGOTIATED BETWEEN THE TOWN AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION), AT A MAXIMUM ESTIMATED COST NOT TO EXCEED $275,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $275,000, 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.

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 plan for a future capital improvements project to achieve the elimination of sanitary sewer overflows (in accordance with a Consent Order being negotiated between the Town and the New York State Department of Environmental Conservation), as more fully described in a report prepared and presented to the Town Board, herewith entitled: “Facilities Plan Report” (a copy of which is attached hereto and by this reference made a part hereof), including preliminary costs and costs incidental thereto (the “Purpose”). The maximum estimated cost of the Purpose is $275,000.

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 $275,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, such 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 62(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. While it is the expectation that the proposed maturity of such obligations that are to be issued for the planning for the implementation of the Purpose, as authorized in this bond resolution, will not be in excess of five years, it is the intention of the Town that this resolution may, and likely will, be amended as specifically authorized by applicable law, once a final capital project relating to the Purpose has been determined to be undertaken.

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. 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 such 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 such bonds, and the renewals of such 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 determined that the Purpose (involving study for the implementation of a future capital improvement project) will not have a significant effect on the environment and, therefore, no other determinations or procedures under the State Environmental Quality Review Act (“SEQR”) are required.

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 at 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; 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 said Local Finance Law, in a newspaper having a general circulation in the Town and designed as the official newspaper of the Town for such publication.

SECTION 14. This resolution is effective immediately.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Request Authorization to Advertise for Bids – Court Room Floor Tile Removal – Job #M-69-09

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Town Engineer to advertise for bids on Friday, September 11, 2009 for Court Room Floor Tile Removal – Job #M-69-09 and to open bids on Wednesday,

September 30, 2009 at 10:00a.m.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Request Supervisor to Sign Professional Services Agreement – Grand Island Court Room Floor Tile Removal (M69-09)

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the professional services agreement for Grand Island Court Room Floor Tile Removal (M69-09) with CS2 to work on an “as-needed, as required” basis at the direction of the Town Engineer for asbestos consulting and project monitoring not to exceed a cost of $15,000.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Authorize Supervisor to Sign Letter of Intent – Western New York Stormwater Coalition

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and authorize the Supervisor to sign the letter of intent with the Western New York Stormwater Coalition for its inclusion in the application for the New York State Department of Environmental Conservation’s Round 10 Water Quality Improvement Project.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Award Bid, Job No. M-14-2009 Contract B, Bituminous Resurfacing of Various Town Roads

Town Engineer John Whitney reported that the bids were opened on September 2, 2009 for the bituminous resurfacing of various Town roads – Job No. M-14-2009 Contract B. Two bids were received from the following:

Base Bid Alternate A Total

Robinson Paving, Inc. $316,639.25 $93,429.50 $410,068.75

Amherst Paving $319,295.00 $96,471.00 $415,766.00

After careful review of the bids, Mr. Whitney recommended the low bidder, Robinson Paving, Inc. be awarded the bid in the amount of $410,068.75.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept Mr. Whitney’s request for Robinson Paving, Inc. be awarded the bid in the amount of $410,068.75 for bituminous resurfacing of various Town roads – Job No. M-14-2009 Contract B.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

RECREATION DIRECTOR – LINDA TUFILLARO:

Part-time Hire

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to appoint Peter J. Pitts as part-time maintenance in the Recreation Department effective September 9, 2009 at a pay rate of $8.70 per hour for 19 hours a week from September 9, 2009 – October 31, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

TOWN ASSESSOR – DAVID M. UNMACK:

Comparison of Total and Taxable Valuations- 2000-2009 Assessment Rolls

The Comparison of Total and Taxable Valuations for the years 2000-2009 was presented to the Town Board. The taxable assessed value has increased over $100,000,000 has been added to the Roll over the last decade. No action by the Town Board is necessary.

COMMUNICATIONS – GENERAL:

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

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to table the request to merge two lots pending a recommendation by the Planning Board.

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 #95318 – 95422

General $ 29,684.81

Highway $ 2,463.25

Sewer $ 43,586.32

Water $ 4,870.63

Capital $ 2,821.78

Total $ 83,426.79

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

SUSPEND THE RULES:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to suspend the rules to consider authorizing the Supervisor to sign lease agreements with Erie County Board of Elections for Town facilities for the Primary/General elections.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Authorize Supervisor to Sign Lease Agreements With Erie County Board of Elections for Town Facilities- Primary/General Elections

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the lease agreements with Erie County Board of Elections for Town facilities for the Primary/General elections – September 15^th and November 3^rd, 2009.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

PUBLIC COMMENTS:

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

Speakers: Dan Drexilius Re: Town Policies Roger Nye Re: Building Restrictions

FROM THE TOWN BOARD:

Councilman Roesch: V.F.W. – September 11^th Memorial Service – 7:00p.m.

Councilman Crawford: Erie County Hazardous Waste Drop-Off Day – September 12, 2009 – Honeywell – Peabody Street – 9:00a.m. – 2:00p.m.

Supervisor McMahon: Unwanted Pharmaceutical Drop-Off – September 19, 2009 – Kenmore Mercy Hospital – 9:00a.m. – 1:00p.m.

ADJOURNMENT:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adjourn the meeting at 8:40p.m.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

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