GRAND ISLAND TOWN BOARD

AGENDA – WORKSHOP #7

6:30 PM – Monday, February 2, 2004 

I            MOTION FOR EXECUTIVE SESSION 

II            AGENDA REVIEW

A.     Tabled Items

1.      Fee Schedule

2.      Advisory Board Appointments

B.     Bond Resolution Authorization

C.     Adelphia Cable Settlement

D.     Fuccillo Wetlands Mitigation

E.      Letter regarding 1042 East River Road 

III        NEW ITEMS

A.     Border Patrol – Request for temporary office space

B.     Polling Places – 2004 Elections

C.     Sales Tax Revenues – January 2004

D.     Eagle Scout Project

E.      2004 Tax Rate – Summary 

IV            CONTINUING ITEMS

A.     Town ID Card Policy

B.     Update Honor Roll @ DeGlopper Park

C.     Drainage

1.      Stormwater Rules

2.      Townwide

3.      Neighborhoods

D.     Town Ordinance Updates

1.      Signs

2.      Plumbing

3.      Miscellaneous Corrections/Changes

E.      Avoidable Alarms 

Encl.:  Executive Session Resolution February 2, 2004
FROM: Peter A. McMahon
TO: Town Board
RE: Workshop #7 – Executive Session

WHEREAS §105(1)(f) of the Open Meetings Law permits a public body to enter into an executive session to discuss:"...the medical, financial, credit or employment history of any person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any person or corporation..."; and

WHEREAS § 105(1)(d) of the Open Meetings Law permits a public body to enter into an executive session to discuss "proposed, pending or current litigation"; and WHEREAS, Section 108(3) of the Open Meetings Law exempts from coverage under the Open Meetings Law matters made confidential by law and attorney-client communications made pursuant to that relationship are considered confidential under §4503 of the Civil Practice Law and Rules; and WHEREAS, the Board must make a decisions regarding the appointment of particular persons to vacant advisory board positions, potential disciplinary action relating to a particular employee and regarding litigation strategy pertaining to a claim for franchise fees due to the Town which claims are currently being litigated in the context of a pending bankruptcy action involving Adelphia Communications and it is prudent that the Town board obtain legal relative to these and other matters as appropriate. NOW THEREFORE, be it hereby resolved that the Town Board enter into executive session to discuss the employment history of particular persons in relation to appointment to an advisory board, to consider potential disciplinary action involving a particular employee and to discuss litigation strategy regarding the Town's claims against Adelphia Communications for franchise fees. AND BE IF FURTHER RESOLVED, that the Town Board and Town Clerk shall continue this executive session as a private session with the Town's attorneys to obtain legal advice as necessary regarding the foregoing and other legal matters as may appropriately be covered within the attorney-client privilege under New York State law.