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 6^th of August 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 Womack from Trinity United Methodist Church gave the Invocation.

Councilman Gary G. Roesch led the Pledge of Allegiance.

PROCLAMATIONS:

National Airborne Day – August 16, 2007

National Night Out – August 7, 2007

PUBLIC COMMENTS:

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

Speakers: None

PUBLIC HEARINGS:

Local Law Intro #6 of 2007 – Architectural Review Board

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 #6 of 2007 to possibly adopt revisions to Section 5-3 of the Town Code regarding matters to be considered by the Architectural Review Board.

Speakers in Favor: Frank Sturniolo

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer Local Law Intro #6 of 2007 to the Town Board for review.

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

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilman Crawford, seconded by Councilman Roesch to approve Minutes of Workshop Meeting #45, July 11, 2007, Minutes of Workshop Meeting #46, July 11, 2007, Minutes of Workshop Meeting #47, July 16, 2007, Minutes of Regular Meeting #13, July 16, 2007, Minutes of Workshop Meeting #48, July 17, 2007, Minutes of Workshop Meeting #49, July 19, 2007.

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

Noes 0

CONSENT AGENDA:

1. Bonadio & Co., LLP – Financial Report for the Year Ended December 31, 2006 Together with Independent Auditors’ Report

2. Meeting Minutes – Grand Island Memorial Library – April 19, 2007

3. J. O’Connell & Associates – New York State Archives, Records Management Grant Awards

4. David M. Unmack, IAO – Summary of Assessment Services, January 1 through June 30, 2007

5. Erie County Department of Environment and Planning, Division of Planning – Transmittal of Proposed Amendment to the 2007 Action Plan Component of the Five-Year Consolidated Plan

6. Meeting Minutes – GIFTS Executive Team - June 12, 2007

7. Meeting Minutes – Grand Island Safety Committee – June 7, 2007

8. Robert W. Christmann, Superintendent of Schools – Fourth of July Parade

9. State of New York, Department of Transportation – Grand Island, New York Projects

10. Town of Lancaster, Town of Cheektowaga – Resolution in Support of U. S. Soldiers’ Use of Spartan II Body Armor Vests

11. Town of Cheektowaga – Resolution in Support Dedication of County Forest Preserves As Parklands

12. County of Erie, Department of Environment and Planning – Quarterly Report, 4/1/07 – 6/30/07

13. New York State Department of Environmental Conservation – Wetland Designation BW-9, Meyer-Sheenwater Estates

14. Empire State Development – Request for Proposal, Restore New York, Round 2

15. Golden Age Center – Vehicle Usage – July 2007

16. New York State Department of Transportation – Designation of Restricted Highway

17. New York State Department of Environmental Conservation, Division of Water – Municipal Notification

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:

Monthly Supervisor’s Report – June 2007

The Supervisor reported a cash balance of $191,376 on June 1, 2007

Total Receipts of $897,326

Total Disbursements of $990,940

Operating A/C Interest $92

Operating A/C Balance $97,854

Investment Interest $28,905

Investment Balance $7,233,957

Total Cash Balance as of June 30, 2007 $7,331,811

No action required by Town Board.

Authorize Supervisor to Renew Lease – Economic Development Advisory Board Lease at IsleChem, LLC

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the lease at IsleChem, LLC for the Economic Development Advisory Board subject to a permissive referendum. The annual rent is $1.00

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

Noes 0

Appointments – Economic Development Advisory Board

A motion was made by Councilman Roesch, seconded by Councilman Crawford to table the appointments to the Economic Development Advisory Board.

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

Noes 0

Set Public Hearing – Whitehaven Road Campground, Mining Overlay District

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, August 20, 2007 at 8:00p.m. for the purpose of hearing anyone who wishes to speak in favor of or in opposition to the establishment of a Mining Overlay District for the creation of a lake at the Whitehaven Road Campgrounds.

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

Noes 0

Reappoint Part-time Assessor

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to reappoint David Unmack as Part-time Assessor, with a six-year term commencing October 1, 2007 and expiring September 30, 2013.

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

Noes 0

Country Club Cottages - DEIS

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to declare the DEIS, received on August 1, 2007 as incomplete for the following reasons:

1. It lacks specific details on the quality of regulated and/or unregulated wetlands, which are being disturbed.

2. It lacks specific details on geotechnical soil testing, if any, which was done on the site.

3. It lacks specific actions and measures to be employed to prevent differential settling of foundations.

4. Item 12.B – Long Term Impacts – The 1^st sentence indicates that there “may” be long term impacts. It needs to be changed to show that there “will” be long term impacts.

5. Item 12.B – Long Term Impacts – The 1^st full paragraph on page #14 misrepresents the number of houses which can be built “as of right”.

6. Item 12.B.1.b – this section discusses impacts but does not discuss mitigation for impacted wetlands.

7. Item 12.B.1.f – should read impact “from” agriculture rather than impact “on” agriculture.

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

Noes 0

COUNCILWOMAN MARY S. COOKE:

Authorize Supervisor to Sign School District/Town Board Intermunicipal Cooperation Agreement

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the Intermunicipal Cooperation Agreement between the Town of Grand Island and the Grand Island School District.

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Roy Teitsworth, Inc. Auction, Friday, October 13, 2007

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Highway Superintendent to dispose of the surplus vehicles and pieces of equipment via auction Friday, October 13, 2007 as requested.

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

Noes 0

TOWN ATTORNEY – PETER GODFREY:

River Meadows Section V Subdivision – South Lane Road Dedication

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke adopting the resolution and consent accepting the section of South Lane Road in River Meadows Section V subject to the approval of the Town Attorney, Town Engineer and Highway Superintendent as follows:

Upon submission of the annexed deed of dedication of Lucy Noelle, Inc. (owner), dedicating and releasing the necessary lands for a proposed town highway as set forth in the annexed legal description in the Town of Grand Island, County of Erie, State of New York, to be known as part of South Lane;

NOW therefore, it is

RESOLVED, that in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town of Grand Island make an Order accepting and laying out the aforesaid town highway to be known as South Lane, the Town highway to consist of the lands described in the deed of dedication, subject to the approvals of the Town Engineer and the attorneys for the Town, and it is further

RESOLVED, that subject to the approvals of the Town Engineer and the attorneys for the Town and the Order of the Highway Superintendent laying out the aforesaid town highway to be known as South Lane, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorney for Lucy Noelle, Inc., or its representative, in the Erie County Clerk’s office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

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

Noes 0

River Meadows Section V Subdivision – Accept Public Drainage Easements, Sanitary Sewer Easements

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the resolution accepting Public Drainage Easements and Sanitary Sewer Easements for River Meadows Section V Subdivision as follows:

WHEREAS, Lucy Noelle, Inc., has offered for dedication lands for a proposed town highway to be known as part of South Lane; and

WHEREAS, the plans submitted by Lucy Noelle, Inc., in connection with such proposed town highways include storm sewer easements in favor of the Town of Grand Island; and

WHEREAS, Lucy Noelle, Inc., has offered such storm sewer easements to the Town of Grand Island;

NOW, THEREFORE, BE IT RESOLVED, that subject to the approval of the attorneys for the Town, the Town Board does hereby accept from Lucy Noelle, Inc., the owner of River Meadows Subdivision Section V Temporary Sanitary Sewer Easement annexed (attachment A) provided it is filed by the attorney for Lucy Noelle, Inc., or its representative, in the Erie County Clerk’s office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing;

AND BE IT FURTHER RESOLVED, that subject to the approval of the attorneys for the Town, the Town Board does hereby accept from said Lucy Noelle, Inc., the owner of River Meadows Section V Subdivision, the Permanent Easement for Sanitary Sewers and Public Drainage annexed (attachment B) ) provided it is filed by the attorney for Lucy Noelle, Inc., or its representative, in the Erie County Clerk’s office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

AND BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town, the Supervisor is authorized and directed to execute said easements.

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

Noes 0

Hidden Oaks Subdivision – Countryside Lane – Stub Street Dedication

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke adopting the resolution and consent accepting the stub section of Countryside Lane in Hidden Oaks Subdivision subject to the approval of the Town Attorney, Town Engineer and Highway Superintendent as follows:

Upon submission of the annexed deed of dedication of Randon Hillock and Susan L. Hillock, dedicating and releasing the necessary lands for a proposed town highway as set forth in the annexed legal description in the Town of Grand Island, County of Erie, State of New York, to be known as stub portion of Countryside Lane; now therefore, it is

RESOLVED, that in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town of Grand Island make an Order accepting and laying out the aforesaid town highway to be known as stub portion of Countryside Lane, the Town highway to consist of the lands described in the deed of dedication, subject to the approvals of the Town Engineer and the attorneys for the Town, and it is further

RESOLVED, that subject to the approvals of the Town Engineer and the attorneys for the Town and the Order of the Highway Superintendent laying out the aforesaid town highway to be known as stub portion of Countryside Lane, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorney for Lucy Noelle, Inc., or its representative, in the Erie County Clerk’s office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

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

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Award Contract – Melrose Forcemain Replacement – Station 9 – M-117-06

Town Engineer John Whitney reported that he had opened the bids on August 1, 2007 for the Melrose Forcemain Replacement – Station 9 – M-117-06. Seven bids were received from the following:

Fairway Contracting $117,967.90

L.D.C. Construction Co., Inc. $143,876.25

Kandey Company, Inc. (option “B”) $185,800.00

Triple-R Development $188,960.10

Kandey Company, Inc. (option “A”) $219,092.00

MarWal Construction $234,925.00

E&R General Construction $296,050.00

After careful review of the bids, Mr. Whitney recommended the low bidder, Fairway Contracting be awarded the bid in the amount of $117,967.90.

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept Mr. Whitney’s request for low bidder Fairway Contracting to be awarded the bid for the Melrose Forcemain Replacement – Station 9 – M-117-06 in the amount of $117,967.90.

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

Noes 0

Award Contract – Bike Trail Connect Project – (PIN #5756.77) – M-169

Town Engineer John Whitney reported that he had opened the bids on July 30, 2007 for Bike Trail Connect Project – (PIN #5756.77) – M-169. Four bids were received from the following:

Contractor Base Bid Alt #1 Total Bid

Donald Braasch Construction $726,897.00 $107,134.00 $834,031.00

Occhino Paving Corporation $733,057.69 $108,416.22 $841,473.91

E&R General Construction $735,471.50 $161,409.00 $896,880.50

Destro & Brothers Concrete Co $767,980.50 $155,245.50 $923,226.00

After careful review of the bids with the consultant, TVGA, Mr. Whitney recommended the low bidder, Donald Braasch Construction be awarded the bid for Bike Trail Connect Project – (PIN #5756.77) – M-169 in an amount not to exceed $834,031.00.

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve Mr. Whitney’s request for low bidder, Donald Braasch Construction to be awarded the bid for Bike Trail Connect Project – (PIN #5756.77) – M-169 in an amount not to exceed $834,031.00.

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

Noes 0

TOWN ACCOUNTANT – PAM WHITNEY:

Budget Amendment – FEMA Reimbursement – Highway

The Highway Fund share of the October 2006 storm had equipment reimbursements totaling $115,560. A new chipper was purchased at the time, costing $35,581. Highway Superintendent is requesting $75,000 of the reimbursement to be appropriated to the Equipment line to purchase a new cab & chassis.

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to approve the following budget amendment:

Increase Revenue A/C 002.0002.3960 Emergency Disaster Assistance $75,000

Increase Appropriation 002.5130.0200 Highway Machinery-Equipment $75,000

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

Noes 0

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – National Fuel Gas Supply Corp., Natural Gas Regulator/Metering Station

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for National Fuel Gas Supply Corp., for a natural gas regulator/metering station. The site has been inspected and there is no change.

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

Noes 0

COMMUNICATIONS – GENERAL:

New York State Department of Environmental Conservation, Division of Environmental Permits, Region 9 – SEQR Lead Agency Designation, Tug Hill Construction, Inc., Lent Clay Mine, DEC No. 9-1446-00606/00001

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to authorize the Supervisor to agree to the lead agency status subject to the requirement for a mining overlay district, limitations on the months and hours of operation, project impacts; setbacks, barriers to access, dust, and zoning prohibitions and consideration for a second mining permit which is under consideration, wetlands and streams that are in the area of the proposed mine, and subject to the approval of the Town Attorney.

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

Noes 0

The Association of Towns of the State of New York – State Control of the Siting of Power Plants

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to authorize the Supervisor to send a letter in opposition to Article X of the Public Service Law which would put into place a new State Permit for the siting of power plants.

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 #87396 – 87606

General $ 68,800.97

Highway $ 18,391.79

Sewer $ 47,286.04

Water $171,831.08

Capital $ 22,430.00

Total $328,739.88

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: Fran Preve Re: DEC Lead Agency Clay Mining Permit Request

FROM THE TOWN BOARD:

Roesch/Argy: National Night Out – Tuesday – Town Common, Car Show – Moose Lodge – Saturday.

Cooke: Car Show – Holiday Inn – Saturday & Sunday 11am-3pm

McMahon: Relay For Life Tree Planting – Grand Island Library – Tuesday; GI Community Chorus – GIHS – Thursday

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at 8:36p.m.

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

Noes 0

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