A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #48, July 16, 2010, Minutes of Workshop Meeting #49, July 19, 2010, Minutes of Regular Meeting #13, July 19, 2010 and Minutes of Workshop Meeting #50, July 22, 2010.

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

Noes 0

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

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

Noes 0

The Supervisor reported a cash balance of $516,544 on June 1, 2010

Total Receipts of $1,296,977

Total Disbursements of $1,344,860

Operating A/C Interest $56

Operating A/C Balance $468,718

Investment Interest $3,470

Investment Balance $8,747,787

Total Cash Balance as of June 30, 2010 $9,216,505

No action required by Town Board.

A motion was made by Councilman Crawford, seconded by Councilman Roesch in support of efforts to find outside funding to cover the cost associated with the completion of a Generic SEQR for all undeveloped property in a Business or Manufacturing zone except Hamlet zones.

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

Noes 0

The landlord for the EC Sheriff’s Department substation and the GIPD office wishes to complete some energy saving changes to the lighting in our portion of the building. 70% of the cost will be covered by an Energy Conservation Program offered by National Grid. The remainder of the cost will appear on the 2^nd bill following completion. The 30% customer share is $503.56. Rockwood will cover the customer share or $503.56 by reimbursing the Town when the charge appears. This is necessary because the bill is in the Town’s name.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the contract with National Grid authorizing the work

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

Noes 0

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to table the appointment of an Assessor.

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

Noes 0

A motion was made by Councilman Roesch, seconded by Councilman Crawford to table setting a Public Hearing for Local Law Intro #2 of 2009 – Rezoning of Business Districts.

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

Noes 0

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to adopt the following resolution calling for a Public Hearing on Monday, August 16, 2010 at 8:00p.m. To consider creating Lighting District #59:

WHEREAS, a petition has been filed with the Town Clerk, signed and acknowledged in the manner required by law by a sufficient number of property owners, together with a map, plan and report for the creation of the Waterford Park Phase III Lighting District No. 59; and WHEREAS, the boundaries of the proposed district are as set forth as follows:

All that tract or parcel of land situate in the town of Grand Island, County of Erie, State of New York, being part of Lot 17 of the Holland Land Company’s Survey and being more particularly described as follows:

 

Beginning at a point in the south line of Waterford Park, at the northwest corner of Sublet No. 10 of Map cover No. n3402/001 as filed in the Erie County Clerks Office; thence westerly along the said south line of Waterford Park, a distance of 482.10 feet to a point; thence southerly at right angles to the previously described line, a distance of 160.00 feet to a point; thence westerly at right angles to the previously described line, a distance of 640.00 feet to a point; thence southerly at right angles to the previously described line, a distance of 160.00 feet to a point; thence westerly at right angles to the previously described line, a distance of 10.04 feet to a point; thence southerly at right angles to the previously described line, a distance of 233.87 feet to a point; thence easterly at an angle of 89º58’56" in the northeast quadrant, a distance of 831.89 feet to a point; thence northerly at an angle of 100º45’55" in the northwest quadrant, a distance of 203.56 feet to a point; thence easterly at an angle of 100º43’55" in the southeast quadrant, a distance of 263.16 feet to a point; thence northerly at an angle of 89º53’44" in the northwest quadrant, a distance of 353.52 feet to the point or place of beginning, containing 10.70 acres more or less.

 

WHEREAS, the improvements proposed consist of an electric street lighting system serving said Waterford Park Phase III; and

WHEREAS, the estimated annual expense of supplying of said electrical street lighting is $1,583.50, with an expected annual cost to the typical property in the proposed District (which typical property is a single family home) of $68.85, which said expense shall be levied and collected from the several lots and parcels of land within said Lighting District.

NOW, THEREFORE, be it ORDERED, that a meeting of the Town Board of the Town of Grand Island will be held at the Town Hall, 2255 Baseline Road, Grand Island, New York, on August 16, 2010 at 8:00 p.m. on said day, to consider creation of said district including the environmental significance thereof and to hear all persons interested in the subject thereof, concerning the same, and for such other and further action on the part of said Town Board, with relation to the premises; and

BE IT FURTHER ORDERED, that the map, plan and report referred to herein, including the explanation of how the cost to the typical property was determined, may be reviewed at the office of the Town Clerk, 2255 Baseline Road, Grand Island, New York, during normal business hours; and

BE IT FURTHER ORDERED, that the Town Clerk shall publish a copy of this Order at least once in the official newspaper of the Town, the first publication of which is to be not less than ten nor more than twenty days before the date set herein for the public hearing, and shall also cause a copy of this Order to be posted on the sign-board of the Town maintained pursuant to Town Law §30(6), not less than ten nor more than twenty days before the date set herein for the public hearing; and

BE IT FURTHER ORDERED, that the Town Clerk shall file a certified copy of this Order with the Office of the State Comptroller, on or about the date of publication of this Order.

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

Noes 0

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to approve the following Bond Resolution in an amount not to exceed $500,000 for the construction and reconstruction of improvements to various Town roads:

A BOND RESOLUTION, DATED AUGUST 2, 2010, OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, ERIE COUNTY, NEW YORK (THE "TOWN") AUTHORIZING THE Reconstruction of and construction of IMPROVEMENTS TO various roads within the Town, AT AN ESTIMATED MAXIMUM COST OF $500,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $500,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

WHEREAS, the Town Board of the Town of Grand Island, in the County of Erie, New York (the "Town") desires to undertake an improvements project for the reconstruction of and construction of improvements to various roads within the Town including, but not limited to, Woodstream Drive, Woodstream Court, Pleasant Trail, White Tail Run, White Tail Circle, Cardinal Lane, Island Park, Veterans Drive, Broadway, Elmwood, Cox, Orchard, Allenton, Tower wood and Bronson, and other improvements in connection therewith, and all preliminary work and necessary equipment, materials and related site work and all preliminary costs and other improvements and costs incidental thereto (collectively, the "Purpose"), as more specifically described in a report prepared by the Engineering Department and on file at the office of the Town Clerk.

NOW THEREFORE, 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 the reconstruction of and construction of improvements to various roads within the Town and other improvements in connection therewith, all preliminary work and necessary equipment, materials and related site work and all preliminary costs and other improvements and costs incidental thereto as more specifically described in a report prepared by the Town of Grand Island Engineering Department and on file in the office of the Town Clerk (collectively, the "Purpose"). The estimated maximum cost of the Purpose is $500,000.

SECTION 2.  The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an amount not to exceed $500,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received. Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.

SECTION 3.  It is hereby determined that the Purpose is an object or purpose described in subdivision 20(a) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is five years.

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 years.

SECTION 6.  The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of 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 or notes becoming due and payable in such year. Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes 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 details 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 purpose or purposes described in Section 1 of this resolution. The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration of the Town’s "official intent" to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations 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 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11.  The Town has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act ("SEQRA"), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

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 were authorized for an object or purpose for which the Town is not authorized to expend money, or

1. (b) if the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with
2. and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication of this notice, or

2. such obligations were authorized in violation of the provisions of the Constitution of New York.

SECTION 13. 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 the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.

SECTION 14. This resolution is effective immediately.

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

Noes 0

Town Engineer John Whitney reported that on July 9, 2010 four (4) Requests for Proposals were sent out for the modifications to the Library lighting. Two (2) written quotations were received by the following:

CIR Electrical Construction Corporation $25,700.00

O’Connell Electric Co., Inc. $29,700.00

After careful review of the bids, Mr. Whitney recommended the low bidder, CIR Electrical Construction Corporation be awarded the bid for Library lighting modifications in the amount of $25,700.00.

A motion was made by Councilman Crawford, seconded by Councilman Billica to authorize the Town Engineer to award the bid to CIR Electrical Construction Corporation in the amount of $25,700.00.

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

Noes 0

A motion was made by Councilman Billica, seconded by Councilwoman Cooke to authorize the Supervisor to sign the Professional Services Agreement with Cannon Design in the amount of $28,046 for a feasibility study. $25,000 of the cost will be reimbursed by the Local Government Efficiency Grant Program.

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

Noes 0

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public Hearing for Monday, August 16, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Whitehaven Meadows – Preliminary Plat Approval.

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

Noes 0

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the Special Use Permit for Patricia A. Burg, 3030 Stony Point Road for keeping of 2 agricultural animals on 3.5 acres.

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

Noes 0

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the status of Barbara Johnson from Part-time to Temporary Full-Time Cook at the Golden Age Center until another employee returns from medical leave.

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

Noes 0

A motion was made by Councilman Crawford, seconded by Councilman Roesch to accept with regret the resignation of Dario Violanti from the Zoning Board of Appeals effective August 6, 2010. A certificate of appreciation will be sent to Mr. Violanti.

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

Noes 0

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to Suspend the Rules to consider adopting a resolution approving the release from the Restrictive Covenants from Parcels – 11.00-1-1.2 and 11.00-1-3 (Metz Building, Long Road)

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

Noes 0

A motion was made by Councilman Roesch, seconded by Councilman Crawford to adopt the following resolution approving the release from the Restrictive Covenants contained in the deed recorded in liber 10952 of deeds, page 5263, for certain parcels lying and being in the town of grand island, county of Erie and state of New York and having the tax account nos. of 11.00-1-1.2 and 11.00-1-3:

WHEREAS, JSJ is the owner of certain parcels lying and being in the Town of Grand Island, County of Erie and State of New York and having the tax account nos. of 11.00-1-1.2 and 11.00-1-3 (hereinafter "the Parcels"), which Parcels are burdened by certain restrictive covenants imposed in a deed from General Electric Pension Trust to Better Senior Living Corporation dated May 24, 1999 and recorded June 8, 1999 in Liber 10952 of Deeds, page 5263 and which covenants indicate the Parcels shall be operated as a not-for-profit senior housing facility, not-for-profit senior housing facilities or for not-for-profit senior services for the public good; and

WHEREAS, JSJ has requested the County of Erie, Town of Grand Island and General Electric Pension Trust release JSJ from said restriction; and

WHEREAS, the Town Board believes the future development of the JSJ property is in the interest of the Town, and notes the Release does not prevent its use as a not-for-profit senior housing facility, not-for-profit senior housing facilities or for not-for-profit senior services.

WHEREAS, this Resolution does not authorize any actual project or physical change to the Parcels, and therefore is a Type II action within the meaning of SEQRA.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Grand Island that:

1. Authorizes the Release as requested by JSJ, and authorizes the Supervisor and other Town officials to execute the Release, in the form attached as Exhibit A and incorporated herein.

2. This resolution is effective immediately.

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

Noes 0

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

Supervisor McMahon: National Night Out – Tuesday, August 3, 2010 – Town Common

Councilman Crawford: Library Lighting Modifications

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at 8:26p.m.

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

Noes 0

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

Respectfully submitted,

Patricia A. Frentzel

Town Clerk