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.
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
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
SUPERVISOR
McMAHON:
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
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 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
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
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
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.
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.
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
Waiting
for the report from the chairman of the Youth Advisory Board, remains tabled.
APPROVED
Ayes
5
Cooke, Crawford, Robillard, Roesch, McMahon
Noes
0
Board has received three
applications, interviews will be done and an appointment should be made at the
March 1, 2004 meeting, remains tabled.
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
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