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 20^th of October, 2008.

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

Reverend Paul Nogaro from St. Stephen Church gave the Invocation.

Councilwoman Mary Cooke led the Pledge of Allegiance.

PROCLAMATION:

Friends of Libraries Week

PUBLIC COMMENTS:

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

Speakers: Sean Hopkins, Mary Ellen Walter, Liz Stoklosa Re: Key Bank Project

PUBLIC HEARING:

Local Law Intro #7 of 2008 – Request for Rezoning Property, Staley Road

A. Planning Board – Invitrogen Corporation, Staley Road – Rezone from R1-A to M-1 (36.00-4-22.1) & (36.00-4-23.4)

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to proposed Local Law Intro #7 of 2008 – request for rezoning property on Staley Road.

Speakers in Favor: Cynthia Mertz, Robert Ratajczak

Speakers in Opposition: Bill Jenkins, Eugene Tonello, Michael Zolkowski, Kathy Tonello, Rebeca Reger, Steve Reger, Pat Foote, David Hogrewe, Henry Grunzweig, Ron Schlifke

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table Local Law Intro #7/2008 – Request to rezone property on Staley Road from R1-A to M-1.

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 #76, September 15, 2008, Minutes of Workshop Meeting #81, September 29, 2008, Minutes of Workshop Meeting #82, October 6, 2008, Minutes of Regular Meeting #18, October 6, 2008, Minutes of Workshop Meeting #83, October 7, 2008, Minutes of Workshop Meeting #84, October 8, 2008, and Minutes of Workshop Meeting #85, October 9, 2008.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

CONSENT AGENDA:

1. Building Permits Issued – September 2008

2. Meeting Minutes – Zoning Board of Appeals – September 4, 2008

3. Meeting Minutes – Grand Island Parks & Recreation Advisory Board – March 2008 through August 2008

4. Time Warner Cable – WIVB

5. Meeting Minutes – Planning Board – September 8, 2008

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

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

SUPERVISOR McMAHON:

Country Club Cottages - SDEIS

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

WHEREAS, the Stickl Construction Company, Inc. (“Stickl”) proposes to undertake the development of a cluster-type residential development in the Town of Grand Island, including the construction of houses, access roads and utility infrastructure, known as the Country Club Cottages Cluster Development (the “Project”); and

WHEREAS, the Town Board of the Town of Grand Island, acting as lead agency pursuant to the State Environmental Quality Review Act (“SEQRA”) has issued a Positive Declaration of Environmental Significance and ordered Stickl to prepare a Draft Environmental Impact Statement (“DEIS”); and

WHEREAS, after review of the DEIS, acceptance of the DEIS, and public comment thereon, the Town Board determined that a Supplemental DEIS (“SDEIS”) was required; and

WHEREAS, the Town has reviewed the SDEIS.

NOW THEREFORE, based on such review and consideration, the Town Board of the Town hereby resolves that:

1. The Country Club Cottages SDEIS is accepted and ready for public review.

2. The Town Board will accept written comments until 5 p.m. November 19, 2008.

3. The Town Engineer, assisted by the Town Attorney, is directed to file a Notice of Completion of SDEIS with all involved and interested agencies.

4. Stickl is hereby ordered to provide a copy of the SDEIS to the Town to post to the internet in accordance with SEQRA requirements.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

COUNCILMAN RICHARD W. CRAWFORD:

Hiring of Part-time Substitute Crossing Guards

A motion made by Councilman Crawford, seconded by Councilwoman Cooke to hire Clark Nesbitt and Donald Kowalik as Substitute Crossing Guards effective Monday, October 27, 2008.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN ATTORNEY – PETER GODFREY:

Set Public Hearing - $2,303,000 Improvements of the Town Water District

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution to set a Public Hearing for Monday, November 3, 2008 at 8:00p.m.for the purpose of hearing anyone who wanted to make comments in favor or in opposition to $2,303,000 improvements of the Town Water District:

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 Water 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 water system improvements including, but not limited to, the installation of approximately 2,500 feet of 16-inch diameter waterline from the plant discharge to Baseline Road and then to Bush Road, the upgrade of tube settlers for the existing concrete coagulation basins at the old side of the water treatment plant and the replacement of the existing accelerator with new concrete sedimentation basins and a new tube settler train located in a new building addition, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto, (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 $2,303,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $2,303,000, 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 November 3, 2008 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

$120,000 Bond Resolution for the Reconstruction of the Colonial Driftwood Park Bridge

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution for a $120,000 bond for the reconstruction of the Colonial Driftwood Park Bridge:

A BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND (THE “TOWN”), DATED OCTOBER 20, 2008, AUTHORIZING THE RECONSTRUCTION OF THE COLONIAL DRIFTWOOD PARK BRIDGE AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH, IN AN AMOUNT NOT TO EXCEED $120,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $120,000 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 undertake the reconstruction of the Colonial Driftwood Park Bridge and other improvements in connection therewith, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and preliminary costs and costs incidental thereto (the “Purpose”). The maximum cost of said purpose will not exceed $120,000.

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 $120,000 of said Town, hereby authorized to be issued therefore 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 19 (c) 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.

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 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 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 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. The Town has 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 (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

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 4 Cooke, Crawford, Roesch, McMahon

Noes 0

$670,000 Bond Resolution for the Reconstruction of and the Construction of a New Fisherman’s Landing Park Along the Niagara River

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution for a $670,000 bond for the construction and reconstruction of a new Fisherman’s Landing Park along the Niagara River:

A BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND (THE “TOWN”), DATED OCTOBER 20, 2008, AUTHORIZING THE RECONSTRUCTION OF AND THE CONSTRUCTION OF A NEW FISHERMAN’S LANDING PARK ALONG THE NIAGARA RIVER, AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH IN THE TOWN, IN AN AMOUNT NOT TO EXCEED $670,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $670,000 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.

SECTION 1. The Town is hereby authorized to undertake the reconstruction of and the construction of a new Fisherman’s Landing Park along the Niagara River and other improvements in connection therewith, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and preliminary costs and costs incidental thereto (the “Purpose”). The maximum cost of said purpose will not exceed $670,000.

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 $670,000 of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, offset by any federal, state, county and/or local funds received, including but not limited to, an Environmental Protection Fund Grant of $267,593 and a Greenway Fund grant of $400,482.

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 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 14. This Resolution is effective immediately.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

WWTP Spray Wash & ORF Liner Replacement Project – Change Order #2

Town Engineer reported that Change Order #2 for the above reference project has been submitted by Nichols Long & Moore. The following is breakdown of Change Order #2:

Additions Grout Joints $ 6,253.50

Float Switch 188.00

Total $ 6,441.50

Deductions Flow Recorder $ 8,038.00

Select Fill 2,350.00

Debris Removal 67.20

Total $ 10,455.20

Total Change Order Amount - $ 4,013.70

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and approve Change Order #2 as a credit to the contract in the amount of $4,013.70

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Hire Part Time Position – Wastewater Treatment Plant Chief Operator

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to hire Ian James as Chief Wastewater Treatment Plant Operator Part-Time at the rate of $27.30 per hour with a start date to be mutually agreed upon.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – Richard Benz, East River Road – Keeping of 3 Agricultural Animals on 4 Acres

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to renew the Special Use Permit for Richard Benz, East River Road for keeping of 3 agricultural animals on 4 acres. The site has been inspected and it is unchanged.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

PLANNING BOARD:

River Oaks Marina, Whitehaven Road – Site Plan Approval/Proposed Sales, Service and Warehouse/Showroom and Storage Yard

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and approve the Site Plan conditioned on the approval of the Zoning Board of Appeals for a side yard variance and with an amendment to show additional parking spaces – graveled parking spaces will be paved, and a 20’ driving aisle will be added.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Niagara River Estates – Section 4 (3 Lots) – Ransom Road – Preliminary Plat Approval

A motion was made by Councilman Crawford, seconded by Councilman Roesch to set a Public Hearing for Monday, November 3, 2008 at 8:00p.m.for the purpose of hearing anyone who want to make comments in favor or in opposition to Preliminary Plat Approval for Niagara River Estates – Section 4 (3 Lots) on Ransom Road.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Farugia Subdivision – Phase 1 (4 Lots) – Alt & Love Roads – Preliminary Plat Approval

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a Public Hearing for Monday, November 3, 2008 at 8:00p.m.for the purpose of hearing anyone who want to make comments in favor or in opposition to Preliminary Plat Approval for Farugia Subdivision – Phase 1 (4 Lots) at Alt & Love Roads.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

Richard Rugg, West Oakfield Road – Proposed Boat Shelter, Conformance with the Town’s LWRP

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to accept the recommendation of the Planning Board and accept the Engineer’s finding that the proposed boat shelter at 2396 West Oakfield Road is in compliance with the Town’s LWRP.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

COMMUNICATIONS – GENERAL:

Correspondence from KeyCorp –

TOPS Plaza – Outparcel Buildings – Site Plan Approval – Phase 1 – Key Bank Building

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table the Site Plan Approval for the proposed Key Bank in the Tops Plaza for the purpose of verifying the traffic study and to determine whether there are better locations for the access.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

REPORT OF THE AUDIT COMMITTEE:

No Report submitted for this meeting.

UNFINISHED BUSINESS:

Upstate Cellular, Long Road – Site Plan Approval – Cell Tower

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: Grand Island Memorial Library – WNY Big Read: October 21 – Grand Island Memorial Library Book Sale: October 21^st & 22^nd, Veterans Park Tree Planting: November 8^th – 9:00am – Meet at the Concession Stand

Councilman Roesch: GIFD Ladies Auxiliary – Chowder Sale – Saturday October 25^th – 11:00a.m.

Councilman Crawford: Grand Island Memorial Library construction grants received

Supervisor McMahon: Have a safe Halloween

ADJOURNMENT:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adjourn the meeting at 9:02p.m.

APPROVED Ayes 4 Cooke, Crawford, Roesch, McMahon

Noes 0

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