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 15^th of September, 2008.

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

Reverend Kevin Backus from Bible Presbyterian Church gave the Invocation.

Councilman Gary Roesch led the Pledge of Allegiance.

PROCLAMATIONS:

Eagle Scout Proclamation

CROP Walk – September 28, 2008

Family Day – September 22, 2008

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 Regular Meeting #16, September 2, 2008.

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

Noes 0

CONSENT AGENDA:

1. Meeting Minutes – Zoning Board of Appeals – August 7, 2008

2. Golden Age Center – Facility Usage – August 2008

3. Golden Age Center – Vehicle Usage – August 2008

4. Building Permits Issued – August 2008

5. Meeting Minutes – Planning Board – August 11, 2008

6. Meeting Minutes – Long Range Planning Committee – July 23, 2008

7. Meeting Minutes – Town of Grand Island Safety Committee – July 10, 2008

8. Time Warner Cable – Switched Digital Video

9. Department of the Army – Public Release Addendum to the Feasibility Study and Proposed Plan for the Seaway FUSRAP Site

10. Louise M. Slaughter, Congress of the United States – Walk-To-School Program

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

SUPERVISOR McMAHON:

Memorandum of Understanding – STOP- DWI

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Memorandum of Understanding for Erie County Department of Central Police Services 2008 STOP DWI Court Payments program.

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

Noes 0

Authorize Supervisor to Sign Project Amendment – Scenic Woods/Bi-Centennial Park Master Plan – Extension of Project Funding

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Supervisor to sign the project amendment for the Scenic Woods/Bicentennial Park Master Plan which is to extend the project funding as amended by the Town Attorney.

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

Noes 0

Authorize Supervisor to Sign – Propagation Validation – Verizon Wireless (SOW)

A motion was made by Councilman Crawford, seconded by Councilman Roesch to authorize the Supervisor to sign the Statement of Work for professional services to validate the Verizon Wireless Propagation Study. Verizon will reimburse the Town of Grand Island for costs.

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

Noes 0

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL:

Erie County Board of Elections – Polling Location Lease Agreement – Town of Grand Island Properties

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize

the Supervisor to sign a lease subject to permissive referendum to the extent required by law to use Town properties for the 2008 Primary and General election. The Town will receive $800 each day for the use of Town Hall, Nike Base, Highway Garage and the Library.

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

Noes 0

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Inventory for Highway Department – Machinery, Tools & Equipment

No Action by the Town Board is necessary.

Request Permission to Send Vehicles to Auction

A motion was made by Councilman Crawford, seconded by Councilman Roesch to authorize the Highway Superintendent to place five vehicles in the Roy Teitsworth Auction at the Hamburg Fairgrounds on Saturday, October 11, 2008. There is no cost associated with participation in the auction; however there is a commission of 10% of the sale price.

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

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Authorize Supervisor to Sign – Supplemental Agreement No. 2, Bike Trail Connect Project – NYSDOT TEA-21, Transportation Enhancement Program

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and authorize the Supervisor to sign the Supplemental Agreement No. 2 for the Bike Trail Connection Project, Multi-Use Trail Connections to and within Buckhorn Island State Park indicating the Town’s commitment to participate in the administration and funding of the project’s various phases.

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

Noes 0

Authorize Supervisor to Sign - Traffic Signal Inspection and Emergency Service Contract

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign a two year contract from 9-1-08 to 8-31-10 for the annual inspection and emergency service on Town owned traffic signals with J.J. Emergency Electric in the amount of $900.00 for the first year and $1,050.00 for the second year.

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

Noes 0

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – Gail Villani, East River Road – Keeping of 1 Agricultural Animal in 2.3 Acres

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to renew the Special Use Permit for Gail Villani, East River Road for keeping of 1 agricultural animal on 2.3 acres. The site has been inspected and it is unchanged.

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

Noes 0

CODE ENFORCEMENT OFFICER – DOUG LEARMAN:

Waiver of Site Plan Requirements – Grand Island Rod & Gun Club, Whitehaven Road

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Code Enforcement Officer, Zoning Officer and Engineering Department to waive the Site Plan requirements for the Grand Island Rod & Gun Club to build a new storage building.

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

Noes 0

PLANNING BOARD:

C. Luthringer – Request to Abandon Paper Street Adjacent to 2448 First Street

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the following: Given the fact that the roadway has not been opened or worked on for the past six years, it can be abandoned by the public, and is no longer used as a public highway. So be it hereby resolved that the Town Board consents to the Highway Superintendent’s abandonment of the paper street adjacent to 2448 First Street subject to the approval of the Town Attorney.

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

Noes 0

Walgreens, 2320 Grand Island Boulevard – Site Plan Approval

A. Correspondence from Hopkins, Garas & Sorgi Re: Site Plan Review

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Planning Board and approve the Site Plan contingent on the approval of the full engineering plan by the Town Engineer.

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

Noes 0

American Records Management, 401 Lang Boulevard – Site Plan Approval – Warehouse Expansion

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and approve the Site Plan for American Records Management, Lang Boulevard for a warehouse expansion.

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

Noes 0

Hugill Storage, 2761 Bedell Road – Site Plan Approval (Revised Submission) – Phase VI Building Construction

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept the recommendation of the Planning Board and approve the revised Site Plan for Hugill Storage, Bedell Road subject to the approval of the Zoning Board of Appeals.

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

Noes 0

365 East River Road – Repair Retaining Wall

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Planning Board to approve the request to repair the retaining wall at 365 East River Road since it’s in compliance with the LWRP.

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

Noes 0

East River Landings, Phase I (3 Lots) – Final Plat Approval

Previously approved at the September 2, 2008 Town Board meeting. No further action by the Town Board is necessary.

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

A. Traffic Safety Advisory Board – Request for Copy of Site Plan

A motion was made by Councilman Crawford, seconded by Councilman Roesch to table the request for approval of Site Plan for the TOPS Plaza outparcel buildings at the request of the developer.

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

Noes 0

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve the requirement that the developer submit a revised Site Plan to the Traffic Safety Advisory Board.

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

Noes 0

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

The Planning Board made a recommendation to the Town Board to approve the Site Plan with the provision that the applicant obtain a variance from the Zoning Board of Appeals for the fall distance of the tower not being within the required distance, if required.

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

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to table the approval of the Site Plan for Upstate Cellar for a cell tower on 2770 Long Road pending the action on the remaining towers that have been applied for.

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

Noes 0

COMMUNICATIONS – GENERAL:

Niagara Falls Campground LLC – Commercial Recreational Zoning Law

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to refer the request for Commercial Recreational Zoning Law revisions to the Town Board for study and inclusion in the Town Code revisions that are presently underway if the Town Board so approves.

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

Noes 0

Jay & Patty Meyer, Long Road – Special Use Variance

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer the request for a Special Use Variance to the Zoning Officer for submission to the Zoning Board of Appeals.

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