Town Board of Grand Island, NY approved minutes of the Feb.  2, 2004 meeting

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 8:00 PM on the 2nd of February 2004. 

Present:            Peter A. McMahon, Supervisor

                        Mary S. Cooke, Councilwoman

                        Richard W. Crawford, Councilman

                        Daniel F. Robillard, Councilman

                        Gary G. Roesch, Councilman 

Also Present:            Patricia A. Frentzel, Town Clerk, Peter Godfrey, Town Attorney 

Rev. Earle C. King, Jr. of St. Martin- in- the-Fields Episcopal Church gave the Invocation. 

Councilman Daniel Robillard led the Pledge of Allegiance. 

Supervisor McMahon called the meeting to order at 8:00PM.

 

APPROVAL OF MINUTES

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke, to approve the minutes from Workshop Meeting #4, January 20, 2004, Regular Meeting No. 2, January 20, 2004, Workshop Meeting #5, January 21, 2004.

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

                        Noes            0

 

PUBLIC HEARING - None

 

CONSENT AGENDA

1. Appropriation and Distribution of Sales Tax Revenue

2. Zoning Board of Appeals - Meeting Minutes - Jan. 8, 2004

3. Library - Meeting Minutes - Dec. 2, 2003

4. Community Enrichment Council - Meeting Minutes - Jan. 15, 2004

5. Economic Development Advisory Board - Meeting Minutes - Jan. 22, 2004

6. Wellness Message from Commission Billittier

7. Draft Plan - 2004 Erie Co. Annual Action Plan Report

8. NYS Dept. of Environmental Conservation - Notice of Complete Application

9. Erie County Dept. of Environment & Planning - Quarterly Report

10. David Unmack - Quarterly Summary of Assessment Services

11. Erie County Commission on the Status of Women - Facts About Women in Erie County, 2003

12. Erie County - State of the Environment Report

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke, to approve the consent agenda items with the following correction: Item #2 - strike Draft Minutes from the Zoning Board of Appeals.  Item #10 - Councilman Roesch noted an increase of $6,000,000 in additional assessments.

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

                        Noes            0

 

COMMUNICATIONS - TOWN BOARD

 

SUPERVISOR McMAHON:

FUCCILLO WETLANDS MITIGATION

A motion was made by Daniel Robillard, seconded by Councilman Roesch to adopt the following resolution regarding Fuccillo Wetlands Mitigation.

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

                        Noes            0 

RESOLUTION

                Be it hereby resolved that the Town Board of the Town of Grand Island does hereby grant conceptual approval to construction of up to 7.65+/- acres of mitigation wetlands within existing wetland areas at the Town’s Scenic Woods property, to be built in accordance with design and construction plans approved by appropriate government agencies and satisfactory to the Town Board and the attorneys for the Town, subject to negotiation of an agreement which is satisfactory to the Town Board and the attorneys for the Town Board and satisfaction of any and all environmental review obligations and other conditions precedent required by law or otherwise recommended by the attorneys for the Town and provided this transaction results in no cost to the Town.  This approval is conceptual and shall not be final until satisfaction of all of the foregoing conditions precedent have been satisfied.

COMMUNICATIONS - OTHER OFFICIALS:

 

TOWN CLERK - PATRICIA FRENTZEL

TOWN CLERK BUDGET AMENDMENT

A motion was made by Councilman Roesch, seconded by Councilman Robillard to increase Town Clerk Travel budget line 001.1410.0404 by $1,000 and Training/Education budget line 001.1410.0412 by $400.  Decrease Appropriated Fund Balance line 001.0001.999 by $1,400.  The purpose for the amendment is for the Town Clerk and one deputy clerk to attend the NYSTCA state conference in April and Town Clerk and one deputy clerk to attend the NYSTRCA state conference in June.

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

                        Noes            0 

HIGHWAY SUPERINTENDENT - RAY DLUGOKINSKI

HIRE SEASONAL EMPLOYEES

Highway Superintent Ray Dlugokinski reported the hiring of Robert Fraiser of 827 Legion Drive and Richard McNamee of 78 Schutt Ct. as per union contract, to supplement winter work force.  No action is appropriate. 

REQUEST TOWN BOARD TO EXAMINE HIGHWAY DRIVE AND YARD

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the request of Superintendent Ray Dlugokinski to examine the Highway driveway and parking lot, a capital project that was proposed to be moved back one year to theTown Board.

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

                        Noes            0

INSTALL STOP SIGN - NORTHEAST CORNER - THE COMMONS AND DOLPHIN DRIVE

A motion was made by Councilman Robillard, seconded by Councilman Roesch to install a new stop sign at the intersection of The Commons and Dolphin Drive.

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

                        Noes            0

TOWN ENGINEER - JOHN WHITNEY

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to authorize the Supervisor to sign the contract with NYS Office of Parks, Recreation, and Historic Preservation for a $150,000 Grant Award for the Veterans Park Enhancement Project which is being funded through the 2001 Environmental Protection Fund. 

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

                        Noes            0

 

TOWN ATTORNEY - PETER GODFREY

PROPOSED SETTLEMENT WITH ADELPHIA CABLE

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to sign the proposed settlement contract with Adelphia Cable.  A contract dispute settlement in the amount of $83,428 will be paid to the town within 30 days after effective date of all required signatures.  $66,070 has not been collected, and will be collected from cable subscribers.

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

                        Noes            0

 

BOND RESOLUTION FOR VETERANS PARK IMPROVEMENTS

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to adopt the bond resolution regarding the Veterans Park enhancement project. 

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

                        Noes            0

 

BOND RESOLUTION  

A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND ADOPTED FEBRUARY 2, 2004, AUTHORIZING IMPROVEMENTS TO AND EMBELLISHMENT OF VETERANS PARK IN THE TOWN, IN AN AMOUNT NOT TO EXCEED $350,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $350,000 OF THE TOWN OF GRAND ISLAND, OFFSET BY ANY FUNDS RECEIVED FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK, AND/OR THE COUNTY OF ERIE, 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 improvements to and embellishment of Veterans Park, including, but not limited to (i) the construction of two (2) softball fields complete with drainage, fencing, backstops, and skinned infields, (ii) the construction of additional asphalt parking area for approximately eighty vehicles complete with concrete curbs and storm drainage facilities, and (iii) the landscaping of approximately twelve acres of grassed lawn areas between and around the athletic fields, (hereinafter referred to as the “Purpose”).  The maximum cost of said purpose will not exceed $350,000.

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 $350,000 of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, offset by any federal or state grants 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 fifteen (15) years, however, the obligations will be paid off in five (5) 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 (5) 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 capital purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of this resolution.  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation 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 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11.  The Town has determined that the Project will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQR”) is required.

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.    This Resolution is effective immediately.   

WATER SUPPLY CONTRACT WITH THE STATE OF NEW YORK

A motion was made by Councilman Crawford, seconded by Councilman Robillard to authorize the Supervisor to sign the contract with New York State for the water supply facilities at Beaver Island State Park at $3.96 per 1,000 gallons.

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

                        Noes            0 

SANITARY SEWAGE CONTRACT WITH THE STATE OF NEW YORK

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the contract with New York State for the sanitary sewage services to Beaver Island State Park at $7.83 per 1,000 gallons.

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

                        Noes            0

  COMMUNICATIONS - GENERAL:

SCOTT PICKARD - 1048 EAST RIVER, NON CONFORMING USE OF RENTAL PROPERTY

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to refer the letter received from Mr. Pickard to the Town Attorney for response.

AUDIT OF CLAIMS

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to pay Vouchers # 74588 to #74708 as submitted.

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

                        Noes            0

General Funds              $28,659.79

Highway                        $35,807.81

Sewer                            $15,906.22

Water                               $  4,013.12

Total                              $84, 386.94

 

UNFINISHED BUSINESS:

APPOINTMENT - PARKS & RECREATION ADVISORY BOARD

Board has received three applications, interviews will be done and an appointment should be made at the March 1, 2004 meeting, remains tabled. 

APPOINTMENT - COMMUNITY ENRICHMENT COUNCIL

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to reappoint Danielle Gworek, appoint Robert Cleveland, and Thomas Butler to the Community Enrichment Council for 2004, all terms expire December 31, 2004.

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

                        Noes            0

APPOINTMENT - YOUTH ADVISORY BOARD

Waiting for the report from the chairman of the Youth Advisory Board, remains tabled.

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

                        Noes           

APPOINTMENT - CABLE TV COMMITTEE

Board has received three applications, interviews will be done and an appointment should be made at the March 1, 2004 meeting, remains tabled. 

ADOPT FEE SCHEDULE FOR 2004

Fee schedule is not complete, remains tabled. 

SUSPEND RULES:
A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to suspend the rules to consider a change of a polling location for the Presidential Primary March2, 2004.

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

                        Noes            0

CHANGE POLLING LOCATION FOR PRESIDENTIAL PRIMARY, MARCH 2, 2004

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to approve the change of Districts # 6, 7, 9 and 10 polling location from the Family Life Center, 1780 Love Road to Kaegebein Elementary School, 1690 Love Road for the Presidential Primary March2, 2004.

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

                        Noes            0

FROM THE FLOOR:

This is an opportunity for residents to comment on any matter regarding Town government on any subject.  No residents spoke.

FROM THE TOWN BOARD:

Councilman Robillard - Thanks to the Highway Department for an excellent snow removal job.

Councilman Roesch - Fuccillo’s pending construction offers tremendous impact to Grand Island’s economy: additional jobs, tax revenues, etc.

Councilman Crawford - Fuccillo’s impact is “huge”.

Councilwoman Cooke - Pending mitigation brings improvements to Scenic Woods property as well as helping Fuccillo to solve wetlands issues.

Supervisor McMahon - Next regular meeting: March 2, 2004. Next workshop: Monday, February 23, 2004 1:30pm.

MEMORIAL ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting in memory of Nicholas M. Pelosi, Theodore F. Hildebrandt, Catherine Shafer Hallen and Kathryn DeBlieux Cady.

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

                        Noes            0

ADJOURNED:             8:30 P.M. 

Respectfully Submitted,

Patricia A. Frentzel

Town Clerk