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 2^nd of November, 2009.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Gary G. Roesch Councilman

Susan J. Argy Councilwoman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

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

Reverend Paul Robinson from Trinity United Methodist Church gave the Invocation.

Councilwoman Susan J. Argy led the Pledge of Allegiance.

PROCLAMATION:

Eagle Scout – Christopher William Ernst

PUBLIC COMMENTS:

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

Speakers: Rich Little, Dave Goris Re: Grand Island Central School District – Capital Project Informational Presentations

PUBLIC HEARINGS:

Town of Grand Island 2010 Budget

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition to the 2010 Preliminary Budget for the Town of Grand Island as presented by the Supervisor.

Speakers in Favor: None

Speakers in Opposition: James Dinsmore

Re: Fire Protection

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the 2010 General Fund Budget:

Total appropriations $6,544,120

Amount to be raised by taxes $2,066,988

Tax rate per $1,000 of assessed value 3.053

the 2010 Fire Protection Budget:

Total appropriations $1,090,743

Amount to be raised by taxes $1,087,743

Tax rate per $1,000 of assessed value 1.51

the 2010 Highway Fund Budget:

Total appropriations $2,770,497

Amount to be raised by taxes $2,251,497

Tax rate per $1,000 of assessed value 3.325

the 2010 Sewer District Budget:

Total appropriations $3,052,950

Amount to be raised by taxes $ 829,872

Tax rate per $1,000 of land value only 9.066

the 2010 Water District Budget:

Total appropriations $2,716,313

Amount to be raised by taxes $ 690,310

Tax rate per $1,000 of land value only 5.784

the 2010 Lighting District Budget:

Total appropriations $ 205,535

Amount to be raised by taxes $ 190,101

Tax rate varies by district

the 2010 Refuse & Garbage Budget:

Total appropriations $1,393,162

Amount to be raised by taxes $1,362,984

Flat rate per dwelling unit $ 196

the 2010 Debt Service Budget:

Total Debt Service Amount $1,839,299

Transfers from Other Funds $1,688,799

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

Noes 0

The Town of Grand Island Elected Officials will not be taking a raise for the 2010 year.

APPROVAL OF MINUTES:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #59, October 19, 2009, Minutes of Regular Meeting #19, October 19, 2009, and Minutes of Workshop Meeting #60, October 23, 2009.

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

Noes 0

CONSENT AGENDA:

1. Hurwitz & Fine, P.C., Attorneys at Law – Erie County Industrial Development Agency, Life Technologies Corporation Projects – Notice of Public Hearing

2. Hurwirz & Fine, P.C., Attorneys at Law – Erie County Industrial Development Agency – Life Technologies Corporation Projects – Notice of Deviation from ECIDA’s Uniform Tax Exemption Policy

3. Meeting Minutes – Board of Architectural Review – September 15, 2009

4. County of Erie, Department of Environment and Planning – Quarterly Report – 4/01/09-9/30/09

5. International Brotherhood of Electrical Workers – Qualified Installers of Municipal Solar Electric Systems

6. New York State Department of Environmental Conservation, Notice of Complete Application – Yensan Property, First Avenue @ Sixth Street

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

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

Create Lighting District #57 – Waterford Park Phase II – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution to set a Public Hearing to create Lighting District #57 for Waterford Park Phase II:

WHEREAS, a petition has been filed with the Town Clerk, signed and acknowledged in the manner required by law by a sufficient number of property owners, together with a map, plan and report for the creation of the Waterford Park Phase II Lighting District No. 57; and

WHEREAS, the boundaries of the proposed district are as set forth on Schedule A; and

WHEREAS, the improvements proposed consist of an electric street lighting system serving said Waterford Park Phase II; and

WHEREAS, the estimated annual expense of supplying of said electrical street lighting is $1,064.81, with an expected annual cost to the typical property in the proposed District (which typical property is a single family home) of $70.99, which said expense shall be levied and collected from the several lots and parcels of land within said Lighting District.

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 November 16, 2009 at 8:00 p.m. on said day, 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 and further action on the part of said Town Board, with relation to the premises; and

BE IT FURTHER ORDERED, that the map, plan and report referred to herein, including the explanation of how the cost to the typical property was determined, may be reviewed at the office of the Town Clerk, 2255 Baseline Road, Grand Island, New York, during normal business hours; and

BE IT FURTHER ORDERED, that the Town Clerk shall publish a copy of this Order at least once in the official newspaper of the Town, the first publication of which is to be not less than ten nor more than twenty days before the date set herein for the public hearing, and shall also cause a copy of this Order to be posted on the sign-board of the Town maintained pursuant to Town Law §30(6), not less than ten nor more than twenty days before the date set herein for the public hearing; and

BE IT FURTHER ORDERED, that the Town Clerk shall file a certified copy of this Order with the Office of the State Comptroller, on or about the date of publication of this Order.

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

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Authorize Supervisor to Sign Professional Services Agreement – Wastewater Facilities Plan Report (M-198)

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Town Engineer and authorize the Supervisor to sign the Professional Services Agreement with Stearns and Wheler for the Wastewater Facilities Plan Report (M-198) in the amount of $273,800.00 in accordance with the terms of the agreement.

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

Noes 0

Lighting Modifications at Grand Island Memorial Library – Job No. M-82-09

The Town Engineer reported that there are funds remaining in the Library Construction Fund Grant that was used for the Library Parking Lot. The GI Library needs to spend the funds or return them to the State and County Library Construction Fund. The GI Library has requested they be allowed to spend the remaining funds on upgrades to the lighting in the library and possibly upgrades to the HVAC system.

The original bond authorization for $110,000.00 is to be offset by a State Library Construction Fund grant for $50,000.00 and a County Library Construction Fund Grant for $20,000.00. The Town of Grand Island is funding the remainder. There is approximately $51,900 remaining in the bond authorization.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept the recommendation of the Town Engineer and authorize the Supervisor to sign an agreement for the design of the lighting system upgrades with Wendel Duchscherer in the amount of $8,000.00.

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

Noes 0

RECREATION DIRECTOR – LINDA TUFILLARO:

Award Bid – Ransom Village Pathway

Recreation Director Linda Tufillaro reported that the following quotes were received for the pathway construction on Town property, Ransom Village:

Double D Construction $7,950.00

Sam Long’s Landscaping/Excavating Inc. $7,920.00

LDL Construction Co. $6,875.00

After careful review of the quotes, Ms. Tufillaro recommended award to the low bidder, LDL Construction Co., in the amount of $6,875.00.

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept the recommendation of the Recreation Director and award the bid for the pathway construction on Town property, Ransom Village to LDL Construction Co., in the amount of $6,875.00.

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

Noes 0

Part-Time Winter Hires

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept the recommendation of the Recreation Director and approve the hiring of the following individuals for Part-time Winter Programs subject to the completion of the required paperwork:

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

Noes 0

TOWN ACCOUNTANT – PAMELA BARTON:

Adopt Resolution – Capitalization Policy for the Town of Grand Island

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution establishing a Capitalization Policy for the Town of Grand Island as follows:

WHEREAS, the Government Accounting Standards Board has issued financial requirements under its statement GASB 34, and

WHEREAS, the Town of Grand Island has not previously adopted a formal Capital Expenditure policy.

NOW THEREFORE, BE IT RESOLVED, that the Town of Grand Island hereby designates $10,000 as a minimum capital expenditure, which would be recorded as a fixed asset for the purpose of GASB 34, and

BE IT FURTHER RESOLVED, that the town of Grand Island adopts the following useful lives for depreciation purposes under GASB 34

Building and Improvements 10 - 75 years

Equipment 5 - 25 years

Infrastructure 15 - 100 years

And, BE IT FURTHER RESOLVED, that the Town of Grand Island adopts the straight-line method of depreciating its assets for the purposes of GASB 34.

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

Noes 0

ZONING OFFICE:

Special Use Permit Renewal – National Fuel Gas Supply Corp., 1589 Stony Point Road – Natural Gas Regulator/Metering Station

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew Special Use Permit for National Fuel Gas Supply Corp., 1589 Stony Point Road for a Natural Gas Regulator/Metering Station. The station has been inspected and it is unchanged.

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

Noes 0

COMMUNICATIONS – GENERAL:

Grand Island Central School District – Capital Project Informational Presentations

No action by the Town Board – For Information purposes only.

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #95843 – 95995

General $ 47,795.80

Highway $ 29,316.01

Sewer $ 17,692.43

Water $ 15,545.22

Capital $496,526.22

Lighting $ 145.00

Total $607,020.68

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

Noes 0

UNFINISHED BUSINESS:

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

Remains Tabled.

Delinquent Water and Sewer Accounts for 2010 Tax Roll

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the resolution from the Department of Engineering & Water Resources Department Head, John Whitney as follows:

WHEREAS, the Department Head, Department of Engineering & Water Resources did notify consumers within the respective water and sewer districts on Grand Island by having the wording “IF NOT PAID BY OCTOBER 31, ARREARS WILL BE ON TAX ROLLS” printed on water bills sent out quarterly.

Now therefore, be it resolved that the following approximate amount be applied to the Taxroll of 2009:

Water $172,214.46

Sewer $248,156.17

Out of District Sewer $ 361.44

Meters $ 3,451.59

Misc. Charges $ 180.00

Total $424,363.66

Be it further resolved, that the Town Clerk is hereby directed to accept no payments of such delinquent accounts after the said last day of October 2009.

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

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:

Please remember to vote on Tuesday!

Councilwoman Cooke: Saturday, November 7^th – Tree Planting – Veterans Park – 9:00a.m.; Courtroom renovations start November 4^th

ADJOURNMENT:

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

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

Noes 0

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