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 4^th of June 2007.

Present: Peter A. McMahon Supervisor

Richard W. Crawford Councilman

Mary S. Cooke Councilwoman

Gary G. Roesch Councilman

Susan J. Argy Councilwoman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

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

Reverend Paul Nogaro from St. Stephen’s Roman Catholic Church gave the Invocation.

Councilman Gary Roesch led the Pledge of Allegiance.

PROCLAMATIONS:

Relay For Life Days – June 8^th and June 9^th

PUBLIC COMMENTS:

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

Speakers: Gerald Wochaldo, Lois Shriver Re: WET wetland delineation, County Club Cottages

PUBLIC HEARING:

Local Law Intro #4 of 2007 – Town of Grand Island Performance Standards

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to speak in favor of or in opposition to Local Law Intro #4 of 2007 – Town of Grand Island Performance Standards.

Speakers in Favor: None

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer Local Law Intro #4 of 2007 to the Town Board for action.

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

Noes 0

$232,000 Improvements of Consolidated Sewer District (Emergency Power Generators)

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to speak in favor of or in opposition to $232,000 Improvements of Consolidated Sewer District for Emergency Power Generators.

Speakers in Favor: None

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

Supervisor McMahon presented the SEQR – Short Form Environmental Assessment Form for the $232,000 Improvements of Consolidated Sewer District for Emergency Power Generators.

Mr. McMahon informed the Town Board that the proposed action is a Type II action under SEQR and after reviewing the project information of the SEQR Short Form the proposed action will not result in any significant adverse environmental impact.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to issue a Negative Declaration for the $232,000 Improvements of Consolidated Sewer District for Emergency Power Generators.

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

Noes 0

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the Resolution and Order after the Public Hearing approving the increase and improvement of facilities of the consolidated sewer district as follows:

WHEREAS, the Town Board of the Town of Grand Island (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York on behalf of the Town of Grand Island Consolidated Sewer District (the “District”), in the Town, has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for improvements for the District’s sanitary sewer system, including but not limited to: the installation of a permanent generator at Pump Station No. 9 along with necessary electrical modifications, the acquisition of a portable emergency generator capable of powering remaining stations that do not have back-up power generation, and electrical modifications required at Pump Station Nos. 3, 4, 5, 6, 7, 10, 11, 16, 17, 18, 20 and 21, the forgoing to include all necessary site work, equipment, apparatus and other improvements and preliminary costs and costs incidental thereto, (the “District Improvements”); 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 $232,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $232,000, offset by any federal, state, county and/or local grants; 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 May 21, 2007 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on June 4, 2007 at 8:00 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 $232,000; 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 the issuance of serial bonds of the Town in an amount not to exceed $232,000, said amount to be offset by any federal, state, county and/or local grants, and the costs of said increase and improvement of facilities shall be annually apportioned among the District by the Town Board, 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 5 Cooke, Crawford, Roesch, Argy, McMahon

Noes 0

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the bond resolution for the $232,000 Improvements of Consolidated Sewer District for Emergency Power Generators as follows:

A BOND RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED June 4, 2007, AUTHORIZING THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE CONSOLIDATED SEWER DISTRICT AT A MAXIMUM AMOUNT NOT TO EXCEED $232,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $232,000, OFFSET BY ANY FUNDS RECEIVED FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK, THE COUNTY OF ERIE, AND/OR LOCAL GRANTS FOR SAID OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN’S OBLIGATION ISSUED THEREFORE, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

WHEREAS, the Town Board of the Town of Grand Island, Erie County, New York (the “Town”), has determined to proceed with the Increase and Improvement of Facilities of the Consolidated Sewer District (the “Improvement Project”); and

WHEREAS, the Town Board desires to undertake the construction of the Improvement Project, including, but not limited to: the installation of a permanent generator at Pump Station No. 9 along with necessary electrical modifications, the acquisition of a portable emergency generator capable of powering remaining stations that do not have back-up power generation, and electrical modifications required at Pump Station Nos. 3, 4, 5, 6, 7, 10, 11, 16, 17, 18, 20 and 21, the forgoing to include all necessary site work, equipment, apparatus and other improvements and preliminary costs and costs incidental thereto, (the “District Improvement”).

WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the Improvement.

BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

SECTION 1. The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the Increase and Improvement of facilities of the Consolidated Sewer District (the “District”) in the Town of Grand Island. The maximum cost of said purpose will not exceed $232,000.

SECTION 2. The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $232,000 of said 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 grants. The cost of such improvement is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of 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 such bonds as the same become due and payable, except as provided by law.

SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty 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 be in excess of five years.

SECTION 6. The faith and credit of said 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 be 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 such bonds as the same become due and payable, except as provided by law.

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 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 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. Town Board has determined that this project is a Type II action under the State Environmental Quality Review Act (“SEQRA”) regulations and no further SEQRA review is 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 are authorized for an object or purpose for which said Town is not authorized to expend money, or

(b) if the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

2. Said obligations are authorized in violation of the provisions of the Constitution of New York.

SECTION 13. This Resolution is effective immediately.

SECTION 14. 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 said Town and designated as the official newspaper of said Town for such publication.

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

Noes 0

River Oaks – East River Rd. Frontage Lots (So. of Whitehaven Rd.) – Preliminary Plat Approval

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to speak in favor of or in opposition to Preliminary Plat Approval for River Oaks – East River Road Frontage Lots (So. of Whitehaven Road)

Speakers in Favor: Al Hopkins

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was by Councilman Roesch, seconded by Councilman Crawford to accept the recommendation of the Planning Board and grant Preliminary Plat Approval for River Oaks on East River Road – Frontage Lots South of Whitehaven Road.

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

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve Minutes of Workshop Meeting #30, May 16, 2007, Minutes of Workshop Meeting #31, May 18, 2007, Minutes of Workshop Meeting #32, May 21, 2007, Minutes of Regular Meeting #9, May 21, 2007, and Minutes of Workshop Meeting #33, May 30, 2007.

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

Noes 0

CONSENT AGENDA:

1. J. O’Connell & Associates – STEP Grant

2. State of New York, Legislature of Erie County – Resolution Encouraging All Levels of Government to Solve Problem of Remaining Debris from October Storm

3. State of New York, Legislature of Erie County – Resolution in Support of New York State Bills A01662 and S266, Restricting Where Level 3 Sex Offenders May Reside

4. United States of America, Federal Energy Regulatory Commission – Order Granting Rehearing for Further Consideration

5. Meeting Minutes – Long Range Planning Committee – April 18, 2007

6. State of New York, Department of State – Agreement #T006423 – Scenic Woods/Bicentennial Park Master Plan

7. State of New York, Office of the Attorney General – Community Rights Forum

8. The Assembly, State of New York, Albany – Empire State Development Corporation – Request for Assistance from Town of Grand Island Wired Wireless

A motion was made by Councilwoman Cooke, 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 Contract With Premier Pyrotechnics, Inc. - 4^th of July Fireworks

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the $5,000 donation from Astella Pharma and to authorize the Supervisor to sign a contract with Premier Pyrotechnics for the July 4^th fireworks display at Fantasy Island.

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

Noes 0

Support for Weather Discovery & Research Center

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Supervisor to send a letter in support of the creation of a weather discovery and research center on or near the Buffalo waterfront. Copies of the resolution will be sent to our federal, state and county legislature representatives.

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

Noes 0

Adopt Resolution to Increase Maximum Amount for Bike Trail Connect Project

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following Bond Resolution amending the Bike Trail Connect Project maximum amount of financing:

A BOND RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED JUNE 4, 2007, AMENDING A BOND RESOLUTION DATED SEPTEMBER 7, 2004, AUTHORIZING THE CONSTRUCTION OF THE BIKE TRAIL CONNECT PROJECT IN A MAXIMUM AMOUNT 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 OF GRAND ISLAND, ERIE COUNTY, NEW YORK (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 GRANTS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

WHEREAS, on September 7, 2004 the Town of Grand Island, Erie County, New York, adopted a bond resolution authorizing the construction of Bike Trail Connect Project (the “Project”) in an amount not to exceed $612,400; and

WHEREAS, the Town Board of the Town of Grand Island, Erie County, New York has determined that the Project is in need of additional funds in an amount of $387,600 due to an increase in cost for materials and equipment; and

WHEREAS, the Town Board of the Town of Grand Island, Erie County, New York (the “Town”), has determined to proceed with the Bike Trail Connect Project; and

WHEREAS, the Town Board desires to undertake the Bike Trail Connect Project, including preliminary costs, apparatus, site work and other improvements and costs incidental thereto, (the “Improvement”); and

WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the Improvement; and

WHEREAS the Town Board now wishes to increase the maximum amount of serial bonds authorized to be $1,000,000.

BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

SECTION 1. The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the Bike Trail Connect Project consisting of the widening and resurfacing of the existing Linear Park Multiuse Trail, constructing a new multi-use trail system through Buckhorn State Park with a scenic overlook on West River Parkway and to connect the two trail systems together, including preliminary costs, apparatus, site work and other improvements and costs incidental thereto.

SECTION 2. The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $1,000,000 of said 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 grants received. The cost of such improvement is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of assessments on the real properties in the Town, in the same manner as other Town charges, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.

SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 32 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said 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 said 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 be the assessment, levy and collection of assessments from the several lots and parcels of land within the Town, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.

SECTION 8. The expected source of funds to be used initially to pay for up to $1,000,000 of the expenditures authorized by Section 1 of this resolution shall be from moneys held in various accounts of the Town. The Town then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of this resolution. This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.

SECTION 11. The NYS Office of Parks, Recreation and Historic Preservation, acting as lead agency, has issued a negative declaration determining that the undertaking of the Improvement will not have a significant effect on the environment.

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 are authorized for an object or purpose for which said Town is not authorized to expend money, or

(b)The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

(2) Said obligations are authorized in violation of the provisions of the Constitution of New York.

SECTION 13. This Resolution is effective immediately.

SECTION 15. Nothing in this amendment shall affect the validity of the original September 7, 2004 bond resolution or any action taken thereunder and any said actions are hereby ratified.

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

Noes 0

COUNCILMAN GARY G. ROESCH:

Authorize Supervisor to Sign Tri-Party Agreement for Grand Island Gateway Center Project

A motion was made by Councilman Roesch, seconded by Councilman Crawford to authorize the Supervisor to sign a tri-party agreement between the Town of Grand Island, Acquest and the Erie County Industrial Development Agency (ECIDA) forming a steering committee to update environmental and engineering studies for the industrial development of approximately 170 acres of land.

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

$60,000 Bond Resolution for Acquisition of Machinery and Apparatus

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the Bond Resolution for acquisition of machinery and apparatus as follows:

A BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND ADOPTED JUNE 4, 2007, AUTHORIZING THE ACQUISITION OF MACHINERY AND APPARATUS, INCLUDING RELATED EQUIPMENT FOR USE BY THE TOWN, INCLUDING BUT NOT LIMITED TO, A LAWN MOWER, IN AN AMOUNT NOT TO EXCEED $60,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $60,000 OF THE TOWN OF GRAND ISLAND, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED FOR SAID OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN’S OBLIGATION ISSUED THEREFOR PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE 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 acquire machinery and apparatus, including related equipment for use by the Town, including but not limited to, a lawn mower, including preliminary costs and costs incidental thereto (the “Purpose”). The maximum cost of said purpose will not exceed $60,000.

SECTION 2. The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $60,000 of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, offset by any federal, state, county and/or local funds received.

SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 15 years; however, the obligations will be paid off in five years or less.

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.

annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

SECTION 11. The Town has determined that the 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 are authorized for an object or purpose for which said Town is not authorized to expend money, or

(b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

(2) Said obligations are 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 5 Cooke, Crawford, Roesch, Argy, McMahon

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Award Bids – Carl Road Water Tower Demolition – Job No. M-186

Town Engineer John Whitney reported that he had opened the bids on May 30, 2007 for the Carl Road water tower demolition. Three bids were received from the following:

Iseler Demolition, Inc. $29,500.00

Empire Dismantlement Corp. $80,540.00

Titan Wrecking & Environmental, LLC $292,795.00

After careful review of the bids, Mr. Whitney recommended the low bidder, Iseler Demolition, Inc. be awarded the bid in the amount of $29,500.00

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to accept Mr. Whitney’s request for low bidder, Iseler Demolition, Inc. to be awarded the bid for the Carl Road water tower demolition in the amount of $29,500.00

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

Noes 0

Award Bids – Refuse and Garbage District No. 1 – Waste Collection and Disposal – Job No. M-67-07

Town Engineer John Whitney reported that he had opened the bids on May 30, 2007 for the Refuse and Garbage District No. 1 Waste Collection and Disposal. The project anticipates 6,803 units for a six (6) month duration with two (2) additional renewable six (6) month terms. One bid was received from the following:

Allied Waste Services $562,880.22

An alternate bid for collection for the collection of solid waste from various Town facilities was also received as follows:

Allied Waste Services $6,996.00

After careful review of the bids, Mr. Whitney recommended the sole bidder, Allied Waste Services be awarded the bids in the amount of $562,880.22 for residential collection and $6,996.00 for the Town facilities collection and disposal.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept Mr. Whitney’s request for the sole bidder, Allied Waste Services be awarded the bids in the amount of $562,880.22 for residential collection and $6,996.00 for the Town facilities collection and disposal.

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

Noes 0

RECREATION DIRECTOR – LINDA TUFILLARO:

Summer Program Hires 2007

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Recreation Director to hire 31 Summer Program Hires, effective June 5, 2007 or upon completion of the personnel paperwork as follows:

New hires:

9, 7 general Recreation Attendants, 1 Recreation Attendants- Life Guards, 1 Recreation Attendant- Instructor/Swimming

7 @ $7.15 per hour, 1 @ $7.50 per hour, 1 @ $15.00 per hour

Returning hires:

22, 17 general Recreation Attendants, 2 Recreation Attendants- Life Guard, 1 Recreation attendant –Instructor/Swimming, 2 Recreation Attendants-Instructor/Nature program

2 @ $7.15 per hr, 6 @ $7.25 per hr, 3 @ $7.43 per hr, 6 @ $7.50 per hr, 2 @ $7.70 per hr,

1 @ $15.00 per hr, 2 @ $20.00 per hr

Playgrounds: Sheri Ackendorf, Morgan McGuire, Ashley Frieday, Chelsea Fulle

Sports Clinic: Amy Stewart, Cortney Bota, Aaron Wood, Laura Brodfuehrer, Justin Dowd, Matt Klock, Dana Szczepaniak, Colleen George

Mobile Playground: Amanda Kaiser, Lisa Kurpiewski

Roller Hockey: Ben Kozar, Robert Utz, Tim Boorady

Swimming Instruction: Angelo Ciraolo, Joshua Kaplan, James Sica, Pat Kostenbauder Lindsey Cook

Nature Program: Alicia Sommer, Susan Szczublewski, Lisa Huttenmaier, Roger Wright

Tennis/VP Playground: Casey Dahlstrom, Catie Remmes, Courtney Donner, Jared Kazmierczak, Shannon Howley

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

Noes 0

GOLDEN AGE CENTER – BARBARA A. GANNON:

Recreation Attendant Position

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Golden Age Center Director to hire Tammy Violanti as a Recreation Attendant, Grade 1, Step B, effective June 5, 2007 or upon completion of the personnel paperwork.

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

Noes 0

COMMUNICATIONS – GENERAL:

Gerald Wochadlo, President, Fareway, Fix, Baseline Neighborhood Association – WET Wetlands Delineation

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to refer the correspondence from Gerald Wochadlo regarding the WET wetland delineation to the Town Board for review.

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

Noes 0

GAR Associates, Inc., Real Estate Appraisers and Consultants – Digital Photographs

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the agreement with GAR Associates, Inc. to capture digital photographs as part of the on-line Assessor’s grant project, subject to the approval of the Town Attorney.

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

Noes 0

Sandy Beach Yacht Club – Request for Waiver of Site Plan Requirements

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept the recommendation of the CEO Douglas Learman and grant waiver of site plan requirements for the Sandy Beach Yacht Club to construct a storage addition to their building.

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

Noes 0

Annual National Night-Out, August 7, 2007

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the use of the Town Common for the 24^th Annual National Night-Out on August 7, 2007.

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

Noes 0

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #86751 – 86872

General $15,325.19

Highway $ 5,291.84

Sewer $10,473.81

Water $ 4,881.00

Capital $ 9,120.00

Total $45,091.84

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

Noes 0

UNFINISHED BUSINESS:

Approve Town Safety Manual

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:

Councilwoman Cooke: Water tower demolition; cost of demolition will be split between communication company and Town

All: Relay for Life June 8-9^th

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the meeting at 8:42p.m.

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

Noes 0

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