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 5th of July 2005.

 

Present:                      Peter A. McMahon                Supervisor

Richard W. Crawford                         Councilman

Mary S. Cooke                        Councilwoman

Daniel F. Robillard                        Councilman

                                    Gary G. Roesch                   Councilman

Patricia A. Frentzel                        Town Clerk

Peter Godfrey                                     Town Attorney

 

Rev. David Nitkowski from New Apostolic Church gave the Invocation. 

Councilman Roesch led the Pledge of Allegiance. 

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

 

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

Residents who spoke:

Joseph Lukasiewicz,Sr.            Re: Intersection of Baseline & Staley Roads

           

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to Approve minutes of Workshop Meeting #34, June 14, 2005, minutes of Workshop Meeting #36, June 15, 2005, minutes of Regular Meeting #11, June 20, 2005, minutes of Workshop Meeting #37, June 20, 2005, minutes of Workshop Meeting #38, June 21, 2005, minutes of Workshop Meeting #39, June 22, 2005, and minutes of Workshop Meeting #40, June 28, 2005.

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

                        Noes            0

 

CONSENT AGENDA:

1.      Meeting Minutes – Traffic Safety Advisory Board – May 10, 2005

2.      Erie County Industrial Development Agency – 2005 Invitrogen Corporation Project

3.      Meeting Minutes – Economic Development Advisory Board - June 9, 2005

4.      Meeting Minutes – Cable & Communications Committee – June 21, 2005

5.      United Way of Buffalo & Erie County – New Representative at the United Way of Buffalo & Erie County

6.      State of New York - Department of State -  2004 Application for Construction of Fishermen’s Park & Ferry Village Bikepath

7.      The Assembly – State of New York – Collateral Sources

8.      Meeting Minutes – Community Enrichment Council – June 16, 2005

9.      Louise M. Slaughter – Congress of the United States – NEXUS Program

10.  Preservation League of New York State – 2004 Annual Report

11.  Centre for the Development of Community Assets – Draft Progress on the Niagara River Greenway

12.  IsleChem – Signed Lease Agreement to Provide Office Space to the Town of Grand Island

13.  South Towns Community Enhancement Coalition - Resolution in Opposition of Higher Tolls and in Support of Elimination of Toll Barriers

14.  Village of Hamburg – Resolution in Opposition of Higher Tolls and in Support of Elimination of Toll Barriers

 

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the consent agenda as distributed.

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

                        Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Adelphia – Home Rule and Cable Television Franchising

A motion was made by Councilman Roesch, seconded by Councilman Crawford to authorize the Supervisor to send a letter to Governor Pataki and the Chairman of Public Service Commission in support of Verizon negotiating a cable television franchise similar to Adelphia before being allowed to construct such facilities on Grand Island.

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

                        Noes            0

 

Proposed Changes to New York State Retirement System

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to draft a letter in support of pension reform subject to the Town Board approval.  Final copies of the letter are to be sent to Governor Pataki, Senate Majority Leader Bruno, Assembly Speaker Silver, Comptroller Hevesi, Senator Brown and Assemblyman Hoyt.

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

                        Noes            0

 

 

Proposed Changes to Megan’s Law

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to draft a letter in support of strengthening sex offender legislation subject to the Town Board approval.  Final copies of the letter are to be sent to Governor Pataki, Senate Majority Leader Bruno, Assembly Speaker Silver, Attorney General Spitzer, Senator Brown and Assemblyman Hoyt.

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

                        Noes            0

 

 

Motion Authorizing Supervisor to Sign Contract for Containerized Service for Hauling and Disposal of Solid Waste Trash

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch authorizing the Supervisor to given written consent to an assignment by BFINA to it is subsidiary, Allied Waster Services of North American for the containerized service for hauling and disposal of solid waste trash for the Town Hall, Recreation and Highway Garage.

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

                        Noes            0

 

COMMUNICATIONS – OTHER OFFICIALS:

TOWN ATTORNEY - PETER GODFREY:

Amended Bond Resolution for Veterans Park Enhancement Project

A motion was made by Councilman Robillard, seconded by Councilwoman Cooke to adopt the amended bond resolution as follows:

 

A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND ADOPTED JULY 5, 2005, AMENDING THE BOND RESOLUTION ADOPTED FEBRUARY 2, 2004 AUTHORIZING IMPROVEMENTS TO AND EMBELLISHMENT OF VETERANS PARK IN THE TOWN, IN AN AMOUNT NOT TO EXCEED $410,000 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 $410,000.

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.   The Bond Resolution dated February 2, 2004 remains in full effect, and all actions taken there under are hereby ratified.

SECTION 14.  The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said Town and designated as the official newspaper of said Town for such publication.

SECTION 15:  This Resolution is effective immediately. 

           

The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:

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

                        Noes            0

 

 

Accept the Annexed Deed of Dedication of Town Highway to be Known as Part of Park Place - Phase VI

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the resolution accepting the annexed deed of dedication of Town Highway to be known as part of Park Place - Phase VI subject to the approval of the Town Engineer, Town Attorney and the Highway Superintendent as follows:

Upon submission of the annexed deed of dedication of Smith Ventures, L.P., dedicating and releasing the necessary lands for a proposed town highway as set forth in the annexed legal description in the Town of Grand Island, County of Erie, State of New York, to be known as part of Park Place, Now therefore, it is

 

RESOLVED, that in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town Of Grand Island make an Order laying out the aforesaid town highways, the Town Highways to consist of the lands described in the deed of dedication, subject to the approvals of the Town Engineer and the attorneys for the Town, and it is further

 

RESOLVED, that subject to the approvals of the Town Engineer and the attorneys for the Town and the Order of the Highway Superintendent laying out the aforesaid town highway, the Town Board hereby accepts the annexed deed of dedication, provided it is filed by the attorney for Smith Ventures, L.P., or his representative, in the Erie County Clerk’s Office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

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

                        Noes            0

 

Resolution Accepting Turnaround Public Drainage, Sanitary Sewer Easements for the Park Place Subdivision, Phase VI

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution accepting turnaround public drainage, sanitary sewer easements for the Park Place Subdivision, Phase VI as follows:

WHEREAS, Smith Ventures, L.P. has offered for dedication lands for a proposed town highway known as Park Place as shown on map filed under Cover No. 3257, and

            WHEREAS the plans submitted by Smith Ventures, L.P. in connection with such proposed town highways include turnaround easements, storm drainage easements, and sanitary sewer easements in favor of the Town of Grand Island; and

            WHEREAS, Smith Ventures, L.P. has offered such turnaround easements storm drainage easements, and sanitary sewer easement to the Town of Grand Island;

 

            NOW THEREFORE, BE IT RESOLVED, subject to the approval of the attorneys for the Town, the Town Board does hereby accept from Smith Ventures, L.P. the owner of Park Place Subdivision, the East End Turnaround Easement annexed hereto as Attachment A, provided it is filed by the attorney for Smith Ventures, L.P., or its representative, in the Erie County Clerk’s office and the attorneys for the Town are provided with a certified copy thereof documenting such satisfactory filing.

 


AND BE IT FURTHER RESOLVED, that subject to the approval of the attorneys for the Town, the Town Board does hereby accept from Smith Ventures, L.P., the owner of Park Place Subdivision, various storm drainage easements as follows:

 

-a 15 foot wide storm sewer easement running along the northerly lines of Subdivision Lots 60, 61, 62, 63, 64, 65 and 66, as shown on Map filed in the Erie County Clerk’s Office under Cover No. 3257;

 

-part of a 20 foot wide storm sewer easement running along the westerly line of Subdivision Lot 8 as shown on Map filed in the Erie County Clerk’s Office under Cover No. 3257;

 

-a 15 foot wide storm sewer easement running along the southerly lines of Subdivision Lots 8, 9, 10, 11 and 12; the southeasterly line on Lot 12; and the southerly line of Lot 13 as shown on Map filed in the Erie County Clerk’s Office under Cover No. 3257;

 

-part of a 20 foot wide storm sewer easement running along the easterly line of the Subdivision Lot 13 as shown as Map filed in the Erie County Clerk’s Office under Cover No. 3257.

 

AND BE IT FURTHER RESOLVED, that, subject to the approval of the attorneys for the Town, the Supervisor is authorized and directed to exercise said easements.

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

                        Noes            0

 

 

TOWN ENGINEER - JOHN WHITNEY:

Award Bid, Job No. M-14-2005 – Bituminous Resurfacing of Various Town Roads

Town Engineer John Whitney reported that he had opened the bids on June 30, 2005 for bituminous resurfacing of various town roads.  Three bids were received from the following:

 

Amherst Paving, Inc.                  $203,673.00

Robinson Paving, Inc.             $222,752.60

Milherst Construction              $249,534.00

 

After careful review of the bids, Mr. Whitney recommended the low bidder, Amherst Paving, Inc. be awarded the bid for bituminous resurfacing of various town roads in the amount of $203,673.00.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Mr. Whitney’s request for low bidder, Amherst Paving, Inc. to be awarded the bid for bituminous resurfacing of various town roads in the amount of $203,673.00.

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

                        Noes            0

 

 

ZONING OFFICER – JOHN McCARTHY:

Special Use Permit Renewal – Sandy Beach Yacht Club, 1851 Winter Road  – Parking Lot

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the Special Use Permit for Sandy Beach Yacht Club, 1851 Winter Road for a parking lot.  The property has been inspected and it is unchanged from last year.

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

                        Noes            0

 

Special Use Permit Renewal – Florence L. Prawel, 993 Whitehaven   Road –  Keeping of 3 Agricultural Animals on 5.9 Acres

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to renew the Special Use Permit for Florence Prawel, 2400 Fix Road for keeping up to 3 Agricultural Animals on 5.9 Acres at 993 Whitehaven.  The property has been inspected and it is unchanged from last year.

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

                        Noes            0

 

 

Paul Long – Petition to Amend Zoning Map – 359 East River Road

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public Hearing for Monday, July 18, 2005 at 8:00p.m. for the purpose of hearing anyone who wishes to comment in favor of or against the proposed petition by Paul Long to amend the Zoning Map for property at 359 East River Road to be rezoned from B2 to R1-E.

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

                        Noes            0

 

 

COMMUNICATIONS – GENERAL:

Mary V. Machelor – Intersection of Staley Road and Baseline Road – Request for Traffic Signal

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the correspondence from Mary V. Machelor regarding the request for a traffic signal at the intersection of Staley & Baseline Road to the Town Board and the Traffic Safety Advisory Board with a letter to the resident that a traffic signal has been preliminarily approved with Erie County and the Town is waiting for the paperwork.

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

                        Noes            0

 

 

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to pay

Vouchers #79924 – #80049:

General                      $ 75,346.88

Sewer                        $   6,033.16

Water                         $ 20,238.65 

Capital                        $ 49,120.16

Capital Reserve                     $    2,000.00

Fire District                 $187,431.00

Total                         $340,169.85

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

                        Noes            0

 

 

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding Town government on any subject. 

Residents who spoke:  None

 

 

 

FROM THE TOWN BOARD:

Councilman Crawford: The Traffic Safety Advisory Board supports traffic light at the Baseline & Staley Road intersection.  The intersection meets traffic signal criteria, and the Town has received preliminary approval from the County.               

Councilwoman Cooke: Great job to Recreation staff for 4th of July Parade coordination and community effort of Astellas and others for the fireworks display at Fantasy Island.

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to adjourn the meeting at 8:25p.m.

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

                        Noes            0

 

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

 

Sherry Duchman

Jeffery Reszetucha

Walter Cowan

Helen Such

Louis Scozzaro

John Hopper

Lance Kohn II

Mary Louise Kline

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel
Town Clerk