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 21^st of December, 2009.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Susan J. Argy Councilwoman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

Excused: Gary G. Roesch Councilman

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

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

Councilwoman Susan J. Argy 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

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #71, December 7, 2009 and Minutes of Regular Meeting #22, December 7, 2009.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

CONSENT AGENDA:

1. Meeting Minutes – Grand Island Memorial Library – October 28, 2009

2. Meeting Minutes – Zoning Board of Appeals – November 5, 2009

3. Meeting Minutes – Traffic Safety Advisory Board – November 10, 2009

4. Meeting Minutes – Board of Architectural Review – November 17, 2009

5. Meeting Minutes – Commission for the Conservation of the Environment – November 9, 2009

6. Meeting Minutes – Planning Board – November 9, 2009

7. Time Warner Cable – Billing Statement Rate Changes

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

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

2010 Sewer Rents

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set the sewer rents for 2010 at $5.00 per 1,000 gallons of water used.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Authorize Supervisor to Sign Agreement – Network Services 2010 Contract

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the 2010 agreement with Network Services in the amount of $29,120.00. This is the same rate at 2009.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Authorize Supervisor to Sign Contract – O’Connell & Associates–2010/2011Contract

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Supervisor to sign a two-year contract with O’Connell and Associates for grant consulting at an annual amount of $34,000. This is an increase of $2,000 per year.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Monthly Supervisor’s Report – November 2009

The Supervisor reported a cash balance of $602,624 on November 1, 2009

Total Receipts of $930,787

Total Disbursements of $942,887

Operating A/C Interest $57

Operating A/C Balance $590,581

Investment Interest $2,221

Investment Balance $5,653,998

Total Cash Balance as of November 30, 2009 $6,244,579

No action required by Town Board.

COUNCILWOMAN MARY COOKE:

Medical Care Bonus Returned to Town

Councilwoman Cooke returned the health insurance incentive check in the amount of $3,730.13 This is for information only, no action by the Town Board.

Support for Radio Controlled Aircraft Flying Field Grant Application

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to a send a letter from the Town Board supporting the establishment of a flying field for radio controlled aircraft in the Scenic Woods parcel of Town-owned property.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

Create Lighting District #55 – Waterford Park Phase I – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the following resolution setting a Public Hearing for Monday, January 4, 2010 at 8:00p.m. to consider creating a lighting district for Waterford Park Phase I:

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 I Lighting District No. 55; and

All that tract or parcel of land situate in the Town of Grand Island, County of Erie, State of New York, being part of Lot 17 of said Island, being more particularly described as follows:

Beginning at the southeast corner of Sublot 6 of Mapcover 3402/0001 as recorded in the Erie County Clerk’s Office, said point being in the north line of East River Road (66 feet wide) at the southeast corner of Parcel “D” of lands described in a deed recorded in the Erie County Clerk’s Office in Liber 8216 of Deeds at Page 437; thence northerly along the east line of Parcels “C” and “D” of said lands described in Liber 8216 of Deeds at Page 437, a distance of 583.40 feet to the northeast corner said Parcel “C”; thence westerly along the northerly line of said Parcel “C”, a distance of 759.41 feet to a point; thence southerly at right angles to the previously described line, a distance of 160.00 feet to a point; thence westerly at right angles to the previously described line, a distance of 2.44 feet to a point; thence southerly at right angles to the previously described line, a distance of 70.00 feet to a point; thence easterly at right angles to the previously described line, a distance of 372.34 feet to a point; thence southerly along a line parallel to the east lines of said Parcels “C” and “D”, a distance of 353.52 feet to a point in the said south line of parcel “D”; thence easterly along the said south line of Parcel “D”, with a portion of said line of Parcel “D” being the same as the north line of East River Road, a distance of 390.00 feet to the point or place of beginning containing 7.18 acres more or less.

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

WHEREAS, the estimated annual expense of supplying of said electrical street lighting is $1,277.77, with an expected annual cost to the typical property in the proposed District (which typical property is a single family home) of $85.18, 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 January 4, 2010 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 4 Cooke, Crawford, Argy, McMahon

Noes 0

Local Law Intro #8 of 2009 – Stop Sign – Laurie Lane and Park Lane – Set Public Hearing

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, January 4, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Local Law Intro #8/2009 – to install a stop sign at the corner of Laurie Lane and Park Lane.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Award Bid – West River Road Drainage Improvement Program – Project No. D-38

Town Engineer John Whitney reported that the bids were opened on December 16, 2009 for the West River Road Drainage Improvement Program – Project No. D-38. Three bids were received from the following:

Sam Long’s Landscaping $37,777.00

L.D.C. Construction Co., Inc. $44,452.80

Ackerman Plumbing $74,340.00

After careful review of the bids, Mr. Whitney recommended the low bidder, Sam Long’s Landscaping be awarded the bid in the amount of $37,777.00.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept Mr. Whitney’s request for Sam Long’s Landscaping be awarded the bid in the amount of $37,777.00 for the West River Road Drainage Improvement Program – Project No. D-38.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

RECREATION DIRECTOR – LINDA TUFILLARO:

Authorize Supervisor to Sign – DFY State Aid Reimbursements – 2009

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the NYS Division for Youth, R001 State Aid reimbursement forms for 2009 in the amount of $4,638.00.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Winter Part-time Hire

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Recreation Director to hire Lisa Kurpiewski as Part-time Recreation Attendant for 5 weeks at 19 hours per week at a rate of $8.20 per hour subject to the necessary paperwork completed.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

TOWN ACCOUNTANT – PAMELA BARTON:

2009 Budget Transfers

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the following budget transfers needed to balance each fund in preparation for the year ending 12-31-09. All transfers are being made within the same fund. No additional appropriations of fund balance are necessary.

General:

DEPT	ACCOUNT NAME	ACCOUNT NUMBER	TRF NEEDED	FROM A/C	$	FROM DIFFERENT DEPT	EXPLANATION
SUPERVISOR	BUYBACKS	001-1220-0199	3,600.00	001-1990-0475	3,600.00	CONTINGENCY	EXCEEDED PLAN
	REG PAY	001-1220-0100	6,202.00	001-1340-0100	6,202.00	BUDGET-REG PAY	WAS PLACED IN “BUDGET” DEPT BY ERROR
TOWN CLERK	EQUIPMENT	001-1410-0200	1,500.00	001.1450.0100	500.00	ELECTIONS-REG PAY	WALL FOR OFFICE AREA
				001-1450-0102	245.00	ELECTIONS-OT PAY
				001-1990-0475	755.00	CONTINGENCY
LAW OFFICE	PROF SVCS	001-1420-0409	36,000.00				EXCEEDED PLAN
	LITIGATION EXP	001-1420-0445	22,000.00	001-9010-0800	58,000.00	NYS RETIREMENT	EXCEEDED PLAN
DRAINAGE	DRAINAGE IMPR	001-8540.0457	8,500.00	001-1910-0446	8,500.00	FIRE & LIAB INS	EXCEEDED PLAN
ANIMAL CONTROL	REG PAY	001-3510-0100	9,000.00	001-1990-0475	9,000.00	CONTINGENCY	WEEKEND PART TIMERS
RECREATION-PLAYGR	EQUIPMENT	001-7140.0200	1,965.00				TRF BETWEEN DEPTS
	SPECIAL EVENTS	001-7550-0462	700.00	001-7140-0443	2,665.00	DEPT SUPPLIES	TRF BETWEEN DEPTS
LIBRARY	EQUIPMENT	001-7410.0200	1,661.00	001-1990-0475	1,661.00	CONTINGENCY	A.E.D.
ZONING BD OF APPEALS	REG PAY	001-8011.0100	6,000.00	001-8010-0100	6,000.00	ZONING-REG PAY	SPLIT BETWEEN DEPTS
EMPLOYEE BENEFITS	WORKERS COMP	001-9040-0800	3,000.00	001-9010-0800			EXCEEDED PLAN
	UNEMP INS	001-9050-0800	6,000.00	001-9010-0800	9,000.00	NYS RETIREMENT	NUMEROUS CLAIMS
INSTALLMENT PURCH	PRINCIPAL	001-9785-0600	1,500.00	001-9782-0700	1,500.00	INTEREST	TRF WITHIN ACCOUNT
TRF TO OTHER FUNDS	TRF TO FIRE FUND	001-9901-0903	18,152.00	001-1990-0475	18,152.00	CONTINGENCY	ESTABLISH FIRE W. COMP RESERVE
			125,780.00		125,780.00

Highway:

DEPT	ACCOUNT NAME	ACCOUNT NUMBER	TRF NEEDED	FROM A/C	$	FROM DIFFERENT DEPT	EXPLANATION
GENERAL REPAIRS	REGULAR PAY	002-5110-0100	1,100.00	002-9010-0800
		002-5110-0428	20,000.00	002-9010-0800	21,100.00	NYS RETIREMENT	EXCEEDED PLAN
		TOTALS	21,100.00		21,100.00

Sewer:

DEPT	ACCOUNT NAME	ACCOUNT NUMBER	TRF NEEDED	FROM A/C	$	FROM DIFFERENT DEPT	EXPLANATION
EMP BENEFITS	WORKERS COMP	003-9040-0800	1,600.00	003-9010-0800	1,600.00	NYS RETIREMENT	EXCEEDED PLAN
		TOTALS	1,600.00		1,600.00

Water:

DEPT	ACCOUNT NAME	ACCOUNT NUMBER	TRF NEEDED	FROM A/C	$	FROM DIFFERENT DEPT	EXPLANATION
TRANS & DIST	EQUIPMENT	004-8340-0200	1,400.00	004-9010-0800	1,400.00	NYS RETIREMENT	A.E.D
		TOTALS	1,400.00		1,400.00

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

CODE ENFORCEMENT OFFICER – DOUGLAS LEARMAN:

Board of Plumbing Examiner’s Election

Code Enforcement Officer Douglas Learman reported that the general membership of plumbers, licensed to practice plumbing in the Town of Grand Island, have elected the following people to represent them on the Board of Plumber’s Examiner’s:

Eric Ackerman

Michael Dollendorf

Mark Gfroerer

They have all been contacted and have agreed to serve on the Board. Their term will be for two (2) years and will commence on the first of January 1, 2010 as outlined by the Town Code. No action required by the Town Board.

Electrical Election

Code Enforcement Officer Douglas Learman reported the results of the yearly ballot to elect a member to the Electrical Examining board to the Town Board.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint George Newman to the Electrical Examining Board for Grand Island for a two-year term to expire on 12/31/12.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Proposed Addition to Fee Schedule

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adopt the following resolution to amend the Fee Schedule:

Whereas the testing agency that the Town utilizes for the electrical exams now offers an exam review for anyone wishing to pay for such a service, please consider adding the following electrical examination review fee to the Town’s 2010 Fee Schedule, under the category of ELECTRICAL AND PLUMBING EXAM AND LICENSING FEES: (Formerly listed as “ELECTRICIAN, JOURNEYMAN AND PLUMBER FEES”)

Electrician examination review fee…………$ 60.00

Be advised that the above fee is the cost for the review and occurs during the regularly scheduled examination; therefore no additional costs are incurred by the Town to provide such a service.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

ZONING OFFICE:

Tower Permit Renewal – Upstate Cellular Network (Verizon), 423 Ransom Road

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the Tower Permit for Upstate Cellular Network (Verizon) located at 423 Ransom Road. The site has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

Special Use Permit Renewal – Robert F. Mesmer, Love Road – Private Airport/Landing Strip/Residential, Rural Area

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for a private airport/landing strip for Robert F. Mesmer located at 2548 Love Road. The site has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

PLANNING BOARD:

New England Estates Now Changed to New England Village – Preliminary Plat – Revision 6

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and reaffirm Preliminary Plat Approval for Revision 6 of New England Estates and to waive recreational fees in lieu of land being conveyed to the Town of Grand Island.

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #96307 – 96449

General $117,921.22

Highway $ 12,659.70

Sewer $ 18,321.14

Water $ 7,254.72

Capital $ 1,500.00

Lighting $ 65.00

Garbage $100,969.04

Total $258,690.82

APPROVED Ayes 4 Cooke, Crawford, Argy, McMahon

Noes 0

UNFINISHED BUSINESS:

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

Remains Tabled.

Double-D Construction, Bedell Road – Site Plan Approval/Contractor’s Yard

A. Doug Learman, Code Enforcement Officer – Correspondence Re: Contractor’s Yard

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:

From All: Best wishes to Susan Argy for her service to Grand Island, Merry Christmas – Happy New Year. Swearing in Ceremony for Town Officials – January 1, 2010 – Golden Age Center – Noon – Reception to follow

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 8:26p.m.

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