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 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 Abram R. Dueck from Whitehaven Road Baptist Church 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

PUBLIC HEARINGS:

Local Law Intro #7 of 2007 – Whitehaven Road Campground, Mining Overlay District

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 #7 of 2007 to consider and possibly act upon an application by Niagara Falls Campground, LLC for Site Plan Approval for a campground, including a pond, and rezoning a portion of the property to create the Mining Overlay District necessary for the construction of the pond.

Speakers in Favor: Christine Price, Don Benoit, Elaina Pariso, Jesse Holka, Barbara Fick, Robert Fick, Carmen Pariso, Joe Cinelli, Bill Torchia, Jim Daigler

Speakers in Opposition: Clarence Beard, Ed Szpala, Ken Johnson, Nicole Gerber, Carlene Gerber, Barbara Johnson, Richard Smith, Fran Preve, Richard Myers, Claudia Preve

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer Local Law Intro #7 of 2007 – Whitehaven Road Campground – Mining Overlay District to the Town Board for review and to extend the public comment period until August 29, 2007.

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

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Workshop Meeting #50, July 30, 2007, Minutes of Workshop Meeting #51, July 31, 2007, Minutes of Workshop Meeting #52, August 2, 2007, Minutes of Workshop Meeting #53, August 6, 2007, Minutes of Regular Meeting #14, August 6, 2007, Minutes of Workshop Meeting #54, August 8, 2007 and Minutes of Workshop Meeting #55, August 13, 2007.

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

Noes 0

CONSENT AGENDA:

1. Golden Age Center – Facility Usage – July 2007

2. Building Permits Issued – July 2007

3. Meeting Minutes – Zoning Board of Appeals – July 5, 2007

4. Meeting Minutes – Board of Architectural Review - July 10, 2007

5. Meeting Minutes – Planning Board – July 9, 2007

6. The Association of Towns of the State of New York – Dues for the Year 2008

7. Niagara River Greenway Commission – Paddle Up Niagara

8. State of New York, Department of Transportation – PIN 5756.77 – Grand Island Bike Trail

9. Town of Amherst, Town of Alden – Resolution in Support of U. S. Soldiers’ Use of Spartan II Body Armor Vests

10. Time Warner Cable – Music Choice Changes

11. Town of Holland – Resolution Recommending Sufficient Funds be Budgeted for Annual Normal Maintenance of County Roads

12. Town of Alden, Town of Concord – Resolution in Opposition to Inclusion of the Siting of Windmills in Article X of the Public Service Law

A motion was made by Councilman Crawford, 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:

Set Public Hearing – Restore NY Funding Application

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to set a Public Hearing for Tuesday, September 4, 2007 at 8:00p.m. for the purpose of hearing anyone who wishes to speak in favor of or in opposition to the application for the second round of Restore New York funding for the necessary restoration (including demolition or reconstruction) of the Dunlop Building.

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

Noes 0

Municipal Waste Reduction Grant-In-Aid Application

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the following resolution authorizing the Town to file an application for a state grant-in-aid for a municipal waste reduction and/or recycling project through the Department of Environmental Conservation. The grant funds will be used to purchase a chipper:

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects; and

WHEREAS, the Town of Grand Island has examined and duly considered the applicable laws of the State of New York and the Town of Grand Island deems it to be in the public interest and benefit to file an application under these laws; and

WHEREAS, it is necessary that a contract by and between the People of the State of New York and the Town of Grand Island be executed for such state aid; now therefore

BE IT RESOLVED by the Town Board of the Town of Grand Island, that

1. The filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York, including all understanding and assurances contained in said application, is hereby authorized; and that

2. Supervisor Peter McMahon is directed and authorized as the official representative of the Town of Grand Island to act in connection with the application and to provide such additional information as may be required, and to sign the resulting contract if said application is approved by the State; and that

3. The Town of Grand Island agrees that it will fund its portion of the cost of said municipal waste reduction and/or recycling project; and that

4. This resolution shall take effect immediately.

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

Noes 0

GIPD Appointments

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to appoint Edward Neimann to the Grand Island Police Department-Part-time, effective August 21, 2007.

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

COUNCILMAN RICHARD W. CRAWFORD:

Library Grant Application

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign a letter in support of the funding grant to the New York State Library – Division of Library Development to make minor repairs to the exterior of the library.

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

Noes 0

TE-9 Referral – Speed Study on Webb Road

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Traffic Safety Advisory Board conduct enforcement of excessive speed and to submit a TE-9 request to Erie County for a speed study and possible speed reduction on Webb Road.

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

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Authorize Supervisor to Sign Contract – HVAC Preventive Maintenance – Library & Parks Building

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the maintenance agreement with M.J. Mechanical in the amount of $2,000 for one year commencing on September 1, 2007.

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

Noes 0

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – Cathleen Shaw, Keeping 2 Agricultural Animals on 3.5 Acres

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for Cathleen Shaw for keeping of up to 2 agricultural animals on 3.5 acres on Stony Point Road. The site has been inspected and there is no change.

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

Noes 0

Re-Appointment – Board of Assessment Review

A motion was made by Councilman Crawford, seconded by Councilman Roesch to re-appoint John McCarthy to the Board of Assessment Review for a five-year term expiring on September 12, 2012.

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

Noes 0

PLANNING BOARD:

Mediaflo USA, 951 Whitehaven Road – Site Plan Approval – Antenna Co-Location and Equipment Shelter

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke accept the recommendation of the Planning Board and approve the Site Plan for Mediaflo, USA for an antenna co-location and equipment shelter at 951 Whitehaven.

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

Noes 0

Kevin Doring, Fix Road – Exception to Subdivision Regulations (Create an 80’ x 350’ Lot)

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to remove the request of Kevin Doring for Exception to Subdivision Regulations from the agenda. The resident is not ready to divide property at this time.

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

Noes 0

Ashbrooke Court Estates, Phase1 (10 Lots) Long Road – Final Plat Approval

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and grant Final Plat Approval for Ashbrooke Court Estates, Phase 1 (10 lots) on Long Road.

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

Noes 0

Vince & Lisa Mitchell, West River Road – Exception to Subdivision Regulations (Create a 17.8 Acre Parcel)

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and approve the Exception to Subdivision Regulations to split the lots to create a new 17.8 acre parcel subject to evidence satisfactory to the Town Attorney that the proper paperwork has been filed with the Erie County Clerk.

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

Noes 0

COMMUNICATIONS – GENERAL:

Harris Beach PLLC – Grand Island Fire Company, Inc. – Purchase of Aerial Platform Ladder Truck

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to adopt the resolution that authorizes the Supervisor to sign the approval of purchase for the Grand Island Fire Company, Inc. to purchase a $725,000 aerial platform ladder truck. There will be no liability on the part of the Town of Grand Island.

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

Noes 0

Kathleen Knezevich-Boland – Lowering the Speed Limit on The Commons

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the request from Kathleen Knezevich-Boland to reduce the speed limit on The Commons to the Traffic Safety Advisory Board for review.

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

Noes 0

Andrew Chambers – Request for Extension of Time – Reduced Tap in Fee

A motion was made by Councilman Crawford, seconded by Councilman Roesch to grant an extension to Andrew Chambers for a period of one month expiring September 30, 2007 to connect to the sanitary sewer at a reduced tap in fee.

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

Noes 0

Norman Parisi – Request to Waive Subdivision Regulations – Combine SBL #64.11-1-56 & SBL #64.07-1-20 to Create One Lot

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to grant the request to waive Subdivision Regulations to combine two lots on East River into one lot subject to evidence satisfactory to the Town Attorney that the proper paperwork has been filed with the Erie County Clerk.

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 #87623 – 87755

General $ 56,183.92

Highway $ 7,987.25

Sewer $ 48,930.16

Water $ 30,097.51

Capital $ 5,756.00

Garbage $ 93,813.37

Total $242,768.21

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

Noes 0

UNFINISHED BUSINESS:

Approve Town Safety Manual

Remains Tabled

Appointments – Economic Development Advisory Board

A motion was made by Councilman Crawford, seconded by Councilman Roesch to increase the number of voting members on the Economic Development Advisory Board from nine to eleven members; one term to expire 12-31-08, the second term will expire 12-31-09.

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

Noes 0

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to appoint Robert Christmann to the Economic Development Advisory Board for a term expiring December 31, 2009, Richard Little, Jr. to a term expiring December 31, 2008 and Glenn Bobeck to a term expiring December 31, 2010.

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: John Cook, John Kackmann

Re: Town Board Voting, Verizon Cell Tower – Huth Road church area

FROM THE TOWN BOARD:

Councilmen Roesch, Crawford and Councilwoman Cooke: Town Board Voting

Lions Club White Cane Fundraiser this weekend. Mike Niland former Recreation Director passed away.

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at 9:24p.m.

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

Noes 0

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