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 8:00p.m. on the 21st
of September, 2009.
Present:
Peter A. McMahon Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Gary
G. Roesch
Councilman
Susan
J. Argy
Councilwoman
Patricia A. Frentzel
Town Clerk
Peter C. Godfrey
Town Attorney
Supervisor Peter A. McMahon called the meeting to order at 8:00p.m.
Councilwoman Mary Cooke led the Pledge of Allegiance.
PROCLAMATIONS:
CROP Walk – September
27, 2009
This is an opportunity for residents to comment on any matter regarding
the meeting agenda items only.
Speakers:
None
PUBLIC
HEARINGS:
Local
Law Intro #4 of 2009 – 6th Street Mining Overlay District
A
Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the
purpose of hearing anyone who wants to comment in favor or in opposition to
Local Law Intro #4 of 2009 – 6th Street Mining Overlay District.
Speakers in Favor:
Kristin Savard
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to table
Local Law Intro #4 of
2009 – 6th Street Mining Overlay District pending the completion
of SEQRA.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Final
Plat Approval – East River Landings, Phase 2, 1 Lot
Planning
Board Correspondence – East River Landings, Phase 2, 1 Lot
A
Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the
purpose of hearing anyone who wants to comment in favor or in opposition to
Final Plat Approval for East River Landings, Phase 2, 1 Lot.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept
the recommendation of the Planning Board and grant Final Plat Approval for
East River Landings, Phase 2, 1 lot subject to the condition that the
allowable setbacks shall be calculated from a line parallel to and 20’ north
of the southern boundary of the property.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Bond
Resolution - $2,000,000 Improvements of the Town Consolidated Sewer District
– (WW Ragging Elimination Project-2009)
A Public Hearing was held on Monday,
September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to
comment in favor or in opposition to a Bond Resolution in the amount of
$2,000,000 for improvements of the Town Consolidated Sewer District – (WW
Ragging Elimination Project-2009.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
Approve
the Increase and Improvement of Facilities of the Consolidated Sewer District
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
adopt the following resolution to approve the increase and improvement of
facilities of the Town consolidated sewer district – (WW Ragging Elimination
Project-2009):
WHEREAS, the Town Board
of the Town of Grand Island (herein called “Town Board” and “Town”,
respectively), in the County of Erie, New York on behalf of the Town of Grand
Island Consolidated Sewer District (the “District”), in the Town, has
directed the Town of Grand Island Engineering Department, competent engineers
licensed in New York, to prepare a map, plan & report for improvements to
the District’s sewer system including, but not limited to, the installation
of a rag removal system and equipment and the construction of improvements to
the wastewater treatment plant, all of the forgoing to include all necessary
site work, equipment, apparatus and other improvements and costs incidental
thereto (collectively, the “District Improvement”); and pursuant to the
direction of the Town the Engineer has completed and filed with the Town Board
such map, plan and report for said increase and improvement of facilities of
the District and has estimated the total cost thereof to be a maximum amount
of $2,000,000; said cost to be financed by the issuance of serial bonds of the
Town in the amount of $2,000,000, offset by any federal, state, county and/or
local funds; and
WHEREAS, the Town Board has given due consideration to the impact that
the increase and improvement of the facilities of the District may have on the
environment and on the basis of such consideration, the Town Board found that
no substantial adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have 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, comprising Article 8 of the Environmental
Conservation Law and, in connection therewith, duly issued a negative
declaration and/or other applicable documentation, which has been filed in the
office of the Town Clerk.
WHEREAS, the Town Board issued an Order at its September 8, 2009 meeting
calling for a public hearing to be held at the Town Hall, Grand Island, New
York, on September 21, 2009 at 8:00 o’clock P.M. (prevailing time) to
consider said increase and improvement of facilities of the District and to
hear all persons interested in the subject thereof concerning the same and for
such other action on the part of the Town Board with relation thereto as may
be required by law, and further ordered the Town Clerk to publish at least
once in a newspaper designated as an official newspaper of the Town for such
publication, and post on the sign board of the Town maintained pursuant to
subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified
by said Town Clerk, the first publication thereof and said posting to be not
less than ten (10) nor more than twenty (20) days before the date of such
public hearing; and
WHEREAS, said notices of the public hearing were properly published and
posted and the public hearing duly held at the time and place stated in the
notices.
NOW THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN
OF GRAND ISLAND, based on the information provided at the public hearing, as
follows:
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described and referred to at the
estimated maximum cost of $2,000,000; and it is hereby
DETERMINED, that the parcels and lots of the District shall be benefited
by said increase and improvement of the facilities of the District; and it is
hereby
DETERMINED, that all parcels and lots benefited by said increase and
improvement of the facilities are included in the District; and it is hereby
ORDERED, that the facilities of the District shall be so increased and
improved and that the Engineer shall prepare plans and specifications and make
a careful estimate of the expense for said increase and improvement of the
facilities, and with the assistance of the Town Attorney, prepare a proposed
contract for the execution of the work, which plans and specifications,
estimate and proposed contract shall be presented to the Town Board as soon as
possible, and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of the
facilities shall be financed by the issuance of serial bonds of the Town in an
amount not to exceed $2,000,000, said amount to be offset by any federal,
state, county and/or local funds, and the costs of said increase and
improvement of facilities shall be annually apportioned among the District by
the Town Board, and the amounts so apportioned shall be paid by the
assessment, levy and collection of special assessments from the several lots
and parcels of land within the District, which the Town Board shall determine
and specify to be especially benefited thereby, so much upon and from each as
shall be in just proportion to the amount of benefit conferred upon the same,
to pay the principal of and interest on said bonds as the same shall become
due and payable, except as provided by law, and it is hereby
FURTHER ORDERED, that within ten (10) days after adoption of this
Resolution and Order, the Town Clerk shall record with the Clerk of the County
of Erie a copy of this Resolution and Order, certified by said Town Clerk.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Approve
Bond Resolution – $2,000,000 Improvements of the Town Consolidated Sewer
District – (WW Ragging Elimination Project-2009)
A motion was made by Councilwoman Cooke, seconded by
Councilman Roesch to approve the following Bond Resolution not to exceed
$2,000,000 for the improvements of the Town consolidated sewer district –
(WW Ragging Elimination Project-2009) as follows:
A Bond
Resolution, dated September 21, 2009, of
the Town Board of the town of grand Island, Erie County, New York (the
“Town”), authorizing the increase and improvement of facilities of the
consolidated sewer district at a maximum estimated cost not to exceed
$2,000,000, and authorizing the issuance of serial bonds in an aggregate
principal amount not to exceed $2,000,000 of the town, pursuant to the Local
Finance Law and 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, Erie
County, New York (the “Town”), has determined to proceed with the Increase
and Improvement of Facilities of the Consolidated Sewer District (the
“Improvement Project”); and
WHEREAS, the Town Board desires to undertake the construction
of the Improvement Project including, but not limited to, the installation of
a rag removal system and equipment and the construction of improvements to the
wastewater treatment plant, all of the forgoing to include all necessary site
work, equipment, apparatus and other improvements and costs incidental thereto
(collectively, the “Improvement”).
WHEREAS,
the Town Board desires to issue obligations of the Town to finance the costs
of the Improvement.
BE
IT RESOLVED, by the Town Board (by the favorable vote of not less than
two-thirds of all the members of the Board) as follows:
SECTION
1. The specific purpose (hereinafter referred to as
“purpose”) to be financed pursuant to this resolution is the Increase and
Improvement of facilities of the Consolidated Sewer District (the
“District”) in the Town of Grand Island.
The maximum estimated cost of said purpose will not exceed $2,000,000.
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 $2,000,000 of the Town,
hereby authorized to be issued therefore pursuant to the Local Finance Law,
said amount to be offset by any federal, state, county and/or local funds.
The cost of such improvement is to be paid by the issuance of serial
bonds, and by the assessment, levy and collection of assessments from the
several lots and parcels of land within the District which the Town Board
shall determine and specify to be especially benefited thereby, so much upon
and from each as shall be in just proportion to the amount of benefit
conferred upon the same, to pay the principal of and interest on such bonds as
the same become due and payable, except as provided by law.
SECTION 3. It is
hereby determined that said purpose is an object or purpose described in
subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and
that the period of probable usefulness of said purpose is forty 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 be in excess of five 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 by the
assessment, levy and collection of special assessments from the several lots
and parcels of land within the District which the Town Board shall determine
and specify to be especially benefited thereby, so much upon and from each as
shall be in just proportion to the amount of benefit conferred upon the same,
to pay the principal of and interest on such bonds as the same become due and
payable, except as provided by law. Unless
paid from other sources, there shall annually be levied on all taxable real
property of the 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 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 are authorized for an object or purpose for which said
Town is not authorized to expend money, or
(b)
if 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.
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.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Bond
Resolution - $225,000 Improvements of the Town Consolidated Sewer District –
(WW Pressure Swing Absorption System Upgrades
A
Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the
purpose of hearing anyone who wants to comment in favor or in opposition to a
Bond Resolution in the amount of $225,000 for improvements of the Town
Consolidated Sewer District – (WW Pressure Swing Absorption System Upgrades.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
Approve
the Increase and Improvement of Facilities of the Consolidated Sewer District
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt
the following resolution to approve the increase and improvement of facilities
of the Town consolidated sewer district – (WW Pressure Swing Absorption
System Upgrades)
WHEREAS, the Town Board
of the Town of Grand Island (herein called “Town Board” and “Town”,
respectively), in the County of Erie, New York on behalf of the Town of Grand
Island Consolidated Sewer District (the “District”), in the Town, has
directed the Town of Grand Island Engineering Department, competent engineers
licensed in New York, to prepare a map, plan & report for improvements to
the District’s sewer system including, but not limited to, the replacement
of the pressure swing absorption (PSA) system at the wastewater treatment
plant, all of the forgoing to include all necessary site work, equipment,
apparatus and other improvements and costs incidental thereto (collectively,
the “District Improvement”); and pursuant to the direction of the Town the
Engineer has completed and filed with the Town Board such map, plan and report
for said increase and improvement of facilities of the District and has
estimated the total cost thereof to be a maximum amount of $225,000; said cost
to be financed by the issuance of serial bonds of the Town in the amount of
$225,000, offset by any federal, state, county and/or local funds; and
WHEREAS, the Town Board
has given due consideration to the impact that the increase and improvement of
the facilities of the District may have on the environment and on the basis of
such consideration, the Town Board found that no substantial adverse
environmental impact will be caused thereby; and
WHEREAS, the Town Board
and the Town have 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,
comprising Article 8 of the Environmental Conservation Law and, in connection
therewith, duly issued a negative declaration and/or other applicable
documentation, which has been filed in the office of the Town Clerk.
WHEREAS, the Town Board
issued an Order at its September 8, 2009 meeting calling for a public hearing
to be held at the Town Hall, Grand Island, New York, on September 21, 2009 at
8:00 o’clock P.M. (prevailing time) to consider said increase and
improvement of facilities of the District and to hear all persons interested
in the subject thereof concerning the same and for such other action on the
part of the Town Board with relation thereto as may be required by law, and
further ordered the Town Clerk to publish at least once in a newspaper
designated as an official newspaper of the Town for such publication, and post
on the sign board of the Town maintained pursuant to subdivision 6 of Section
30 of the Town Law, a copy of this Order, certified by said Town Clerk, the
first publication thereof and said posting to be not less than ten (10) nor
more than twenty (20) days before the date of such public hearing; and
WHEREAS, said notices
of the public hearing were properly published and posted and the public
hearing duly held at the time and place stated in the notices.
NOW THEREFORE BE IT
RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, based
on the information provided at the public hearing, as follows:
DETERMINED, that it is
in the public interest to increase and improve the facilities of the District
as hereinabove described and referred to at the estimated maximum cost of
$225,000; and it is hereby
DETERMINED, that the
parcels and lots of the District shall be benefited by said increase and
improvement of the facilities of the District; and it is hereby
DETERMINED, that all
parcels and lots benefited by said increase and improvement of the facilities
are included in the District; and it is hereby
ORDERED, that the
facilities of the District shall be so increased and improved and that the
Engineer shall prepare plans and specifications and make a careful estimate of
the expense for said increase and improvement of the facilities, and with the
assistance of the Town Attorney, prepare a proposed contract for the execution
of the work, which plans and specifications, estimate and proposed contract
shall be presented to the Town Board as soon as possible, and it is hereby
FURTHER ORDERED, that
the expense of said increase and improvement of the facilities shall be
financed by the issuance of serial bonds of the Town in an amount not to
exceed $225,000, said amount to be offset by any federal, state, county and/or
local funds, and the costs of said increase and improvement of facilities
shall be annually apportioned among the District by the Town Board, and the
amounts so apportioned shall be paid by the assessment, levy and collection of
special assessments from the several lots and parcels of land within the
District, which the Town Board shall determine and specify to be especially
benefited thereby, so much upon and from each as shall be in just proportion
to the amount of benefit conferred upon the same, to pay the principal of and
interest on said bonds as the same shall become due and payable, except as
provided by law, and it is hereby
FURTHER ORDERED, that
within ten (10) days after adoption of this Resolution and Order, the Town
Clerk shall record with the Clerk of the County of Erie a copy of this
Resolution and Order, certified by said Town Clerk.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Approve
Bond Resolution – $225,000 Improvements of the Town Consolidated Sewer
District – (WW Pressure Swing Absorption System Upgrades
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
approve the following Bond Resolution not to exceed $225,000 for the
improvements of the
Town consolidated sewer district – (WW Pressure Swing Absorption System
Upgrades) as follows:
A
Bond Resolution, dated September 21, 2009,
of the Town Board of the town of grand Island, Erie County, New York
(the “Town”), authorizing the increase and improvement of facilities of
the consolidated sewer district at a maximum estimated cost not to exceed
$225,000, and authorizing the issuance of serial bonds in an aggregate
principal amount not to exceed $225,000 of the town, pursuant to the Local
Finance Law and 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, Erie County, New York (the
“Town”), has determined to proceed with the Increase and Improvement of
Facilities of the Consolidated Sewer District (the “Improvement Project”);
and
WHEREAS,
the Town Board desires to undertake the construction of the Improvement
Project including, but not limited to, the replacement of the pressure swing
absorption (PSA) system at the wastewater treatment plant, all of the forgoing
to include all necessary site work, equipment, apparatus and other
improvements and costs incidental thereto (collectively, the
“Improvement”).
WHEREAS,
the Town Board desires to issue obligations of the Town to finance the costs
of the Improvement.
BE
IT RESOLVED, by the Town Board (by the favorable vote of not less than
two-thirds of all the members of the Board) as follows:
SECTION
1. The specific purpose (hereinafter referred to as
“purpose”) to be financed pursuant to this resolution is the Increase and
Improvement of facilities of the Consolidated Sewer District (the
“District”) in the Town of Grand Island.
The maximum estimated cost of said purpose will not exceed $225,000.
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
$225,000 of the Town, hereby authorized to be issued therefore pursuant to the
Local Finance Law, said amount to be offset by any federal, state, county
and/or local funds. The cost of
such improvement is to be paid by the issuance of serial bonds, and by the
assessment, levy and collection of assessments from the several lots and
parcels of land within the District which the Town Board shall determine and
specify to be especially benefited thereby, so much upon and from each as
shall be in just proportion to the amount of benefit conferred upon the same,
to pay the principal of and interest on such bonds as the same become due and
payable, except as provided by law.
SECTION
3. It is hereby determined that said purpose is an object or
purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the
Local Finance Law, and that the period of probable usefulness of said purpose
is forty 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 be in excess of five 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 by the assessment, levy and collection of special assessments from the
several lots and parcels of land within the District which the Town Board
shall determine and specify to be especially benefited thereby, so much upon
and from each as shall be in just proportion to the amount of benefit
conferred upon the same, to pay the principal of and interest on such bonds as
the same become due and payable, except as provided by law.
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 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 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 are authorized for an object or purpose for which said
Town is not authorized to expend money, or
(b)
if 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.
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.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Bond
Resolution - $130,000 Increase and Improvements of Facilities for the Town
Consolidated Sewer District – (WW Plant Improvements – Acquisition of
Equipment, Machinery and Apparatus)
A Public Hearing was held on Monday,
September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to
comment in favor or in opposition to a Bond Resolution in the amount of
$130,000 for the increase and improvements of facilities for the Town
Consolidated Sewer District – (WW Plant Improvements – Acquisition of
Equipment, Machinery and Apparatus).
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
Approve
the Increase and Improvement of Facilities of the Consolidated Sewer District
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt
the following resolution to approve the increase and improvement of facilities
of the Consolidated Sewer District– (WW Plant Improvements – Acquisition
of Equipment, Machinery and Apparatus)
WHEREAS, the Town Board
of the Town of Grand Island (herein called “Town Board” and “Town”,
respectively), in the County of Erie, New York on behalf of the Town of Grand
Island Consolidated Sewer District (the “District”), in the Town, has
directed the Town of Grand Island Engineering Department, competent engineers
licensed in New York, to prepare a map, plan & report for improvements to
the District’s sewer system including, but not limited to, the acquisition
of equipment, machinery and apparatus for the District, all of the forgoing to
include all necessary site work, additional equipment, additional apparatus
and other improvements and costs incidental thereto, (collectively, the
“District Improvement”); and pursuant to the direction of the Town the
Engineer has completed and filed with the Town Board such map, plan and report
for said increase and improvement of facilities of the District and has
estimated the total cost thereof to be a maximum amount of $130,000; said cost
to be financed by the issuance of serial bonds of the Town in the amount of
$130,000, offset by any federal, state, county and/or local funds; and
WHEREAS, the Town Board has given due consideration to the impact that
the increase and improvement of the facilities of the District may have on the
environment and on the basis of such consideration, the Town Board found that
no substantial adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have 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, comprising Article 8 of the Environmental
Conservation Law and, in connection therewith, duly issued a negative
declaration and/or other applicable documentation, which has been filed in the
office of the Town Clerk.
WHEREAS, the Town Board issued an Order at its September 8, 2009 meeting
calling for a public hearing to be held at the Town Hall, Grand Island, New
York, on September 21, 2009 at 8:00 o’clock P.M. (prevailing time) to
consider said increase and improvement of facilities of the District and to
hear all persons interested in the subject thereof concerning the same and for
such other action on the part of the Town Board with relation thereto as may
be required by law, and further ordered the Town Clerk to publish at least
once in a newspaper designated as an official newspaper of the Town for such
publication, and post on the sign board of the Town maintained pursuant to
subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified
by said Town Clerk, the first publication thereof and said posting to be not
less than ten (10) nor more than twenty (20) days before the date of such
public hearing; and
WHEREAS, said notices of the public hearing were properly published and
posted and the public hearing duly held at the time and place stated in the
notices.
NOW THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN
OF GRAND ISLAND, based on the information provided at the public hearing, as
follows:
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described and referred to at the
estimated maximum cost of $130,000; and it is hereby
DETERMINED, that the parcels and lots of the District shall be benefited
by said increase and improvement of the facilities of the District; and it is
hereby
DETERMINED, that all parcels and lots benefited by said increase and
improvement of the facilities are included in the District; and it is hereby
ORDERED, that the facilities of the District shall be so increased and
improved and that the Engineer shall prepare plans and specifications and make
a careful estimate of the expense for said increase and improvement of the
facilities, and with the assistance of the Town Attorney, prepare a proposed
contract for the execution of the work, which plans and specifications,
estimate and proposed contract shall be presented to the Town Board as soon as
possible, and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of the
facilities shall be financed by the issuance of serial bonds of the Town in an
amount not to exceed $130,000, said amount to be offset by any federal, state,
county and/or local funds, and the costs of said increase and improvement of
facilities shall be annually apportioned among the District by the Town Board,
and the amounts so apportioned shall be paid by the assessment, levy and
collection of special assessments from the several lots and parcels of land
within the District, which the Town Board shall determine and specify to be
especially benefited thereby, so much upon and from each as shall be in just
proportion to the amount of benefit conferred upon the same, to pay the
principal of and interest on said bonds as the same shall become due and
payable, except as provided by law, and it is hereby
FURTHER ORDERED, that within ten (10) days after adoption of this
Resolution and Order, the Town Clerk shall record with the Clerk of the County
of Erie a copy of this Resolution and Order, certified by said Town Clerk.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
approve the Bond Resolution for $130,000 Increase and Improvements of
Facilities for the Town Consolidated Sewer District – (WW Plant Improvements
– Acquisition of Equipment, Machinery and Apparatus as follows:
A
Bond Resolution, dated September 21, 2009,
of the Town Board of the town of grand Island, Erie County, New York
(the “Town”), authorizing the increase and improvement of facilities of
the consolidated sewer district at a maximum estimated cost not to exceed
$130,000, and authorizing the issuance of serial bonds in an aggregate
principal amount not to exceed $130,000 of the town, pursuant to the Local
Finance Law and 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, Erie County, New
York (the “Town”), has determined to proceed with the Increase and
Improvement of Facilities of the Consolidated Sewer District (the
“Improvement Project”); and
WHEREAS, the Town Board desires to undertake the construction of the
Improvement Project including, but not limited to, the acquisition of
equipment, machinery and apparatus for the District, all of the forgoing to
include all necessary site work, additional equipment, additional apparatus
and other improvements and costs incidental thereto (collectively, the
“Improvement”).
WHEREAS, the Town Board desires to issue obligations of the Town to
finance the costs of the Improvement.
BE IT RESOLVED, by the Town Board (by the favorable vote of not less than
two-thirds of all the members of the Board) as follows:
and an action, suit
or proceeding contesting such validity is commenced within twenty days after
the date of such publication; or
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to approve
Minutes of Workshop Meeting #53, September 8, 2009 and Minutes of Regular
Meeting #16, September 8, 2009.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
1.
Meeting
Minutes – Board of Architectural Review – August 18, 2009
2.
County of
Erie, County Executive – 2008 STOP-DWI – Memorandum of Understanding
3.
Time Warner
Cable – Changes in Services
4.
Meeting
Minutes – Planning Board – August 10, 2009
5.
New York State
Department of Environmental Conservation, Department of Environmental Permits
– SEQR Lead Agency Designations – Gleave
Subdivision, Bedell Road
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt
the consent agenda as distributed.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
COMMUNICATIONS
–TOWN BOARD:
SUPERVISOR
McMAHON:
2010
Community Development Block Grant – Set Public Hearing
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a
Public Hearing for Monday, October 5, 2009 at 8:00p.m. for the purpose of
hearing anyone who wishes to suggest a project for 2010 Community Development
Block Grant Funds.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Reappointment
– Board of Assessment Review
A
motion was made by Councilman Crawford, seconded by Councilwoman Argy to
reappoint Paul Klock to the Board of Assessment Review for a new term expiring
September 30, 2014.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Authorize
Supervisor to Advertise – Vacancy – Planning Board
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept
with regret the resignation of Sarah Cashimere from the Planning Board and to
send a letter of appreciation to Ms. Cashimere.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
authorize the Supervisor to advertise for vacancies on any advisory boards.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Authorize
Supervisor to Renew – Town’s Insurance
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to
authorize the Supervisor to renew the Town’s insurance policy for twelve
months beginning October 1, 2009 at an annual cost of $129,392.00.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Authorize
Supervisor to Submit PO-17 – 2nd Part-time Zoning Officer
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to
authorize the Supervisor to submit a PO-17 to create 2nd Part-time
Zoning Officer.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
COMMUNICATIONS
– OTHER TOWN OFFICIALS:
DEPARTMENT
OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:
Colonial/Driftwood
Park Bridge Reconstruction – M-188, Change Order #1
Ackerman
Plumbing has submitted Change Order #1 for the Colonial/Driftwood Park Bridge Reconstruction –
M-188 for an additional $3,201.36 for the labor and equipment to install a
catch basin and 35’ of pipe supplied by the Town of Grand Island.
The additional funds are available in the original bond authorization.
A
motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept
the recommendation of the Town Engineer and approve Change Order #1 for the Colonial/Driftwood
Park Bridge Reconstruction – M-188 in the amount of $3,201.36.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Authorize
Supervisor to Renew HVAC Preventive Maintenance Contract – Library &
Parks Building
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
accept the recommendation of the Town Engineer and authorize the Supervisor to
sign the Maintenance Contract with M.J. Mechanical for HVAC maintenance at the
Library and Parks Building in an amount of $2,150.00.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Request
Supervisor to Submit PO-17s– Engineering Aide Position(s)
A
motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to
authorize the Supervisor to submit a PO-17 for the creation of an Engineering
Aide – Part Time and Engineering Aide – Part Time Seasonal.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Change
Order No. 1 – 2008-2009 Drainage Improvement Project – Job No. D-37
Change Order #1 added a drainage extension within a
Town of Grand Island Drainage easement along the East side of 2761 Bedell Road
(Hugill Storage).
This will be added to the contract for the existing
drainage job (D-37) therefore, we are asking to add to the contract with LDC
Construction in the amount of $2,995.84 for additional work as follows:
Return 18” pipe & exchange for 24” (Vellano
Bros.)
$ 200.00
Additional load of #1 stone
$ 370.84
Original quote for 18”
$2,425.00
This
will result in a net increase of the contract in the amount of $ 2,995.84
A
motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept
the recommendation of the Town Engineer and approve Change Order #1 for the 2008-2009
Drainage Improvement Project – Job No. D-37 in the amount of $2,995.84.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
PLANNING
BOARD:
Country
Club Cottages – Phase 1 – Conditional Approval of the Preliminary Plat
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
refer Country Club Cottages – Phase 1 – Conditional Approval of the
Preliminary Plat to the Town Engineer for review and recommendation.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Island
Meadows – Section 3A – 14 Lots – Final Plat Approval
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer Island
Meadows – Section 3A – 14 Lots – Final Plat Approval to the Town
Engineer for review and recommendation.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Gleave
Subdivision – Bedell Road – Preliminary Plat
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer Gleave
Subdivision – Bedell Road – Preliminary Plat to the Town Board for review
and recommendation.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Philip
Rotella, Grand Island Boulevard – Exception to Subdivision Regulations
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
accept the recommendation of the Planning Board and waive the subdivision
requirements to subdivide a single lot at 2920 Grand Island Blvd into two lots
subject to the condition that the greenhouse is relocated or removed so that
both lots are brought into a conforming condition.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Fuccillo
Toyota, Alvin Road – Revised Site Plan
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept
the recommendation of the Planning Board and approve the revised Site Plan for
Fuccillo Toyota 1974 Alvin Road.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
Cheryl
Sue Loree, 4638 East River Road – Permit Under the Environmental
Conservation Law
The
applicant has a project plan prepared by the U.S. Army Corp of Engineers and
the DEC to regrade property opposite the house on the riverside.
A
motion was made by Councilman Crawford, seconded by Councilwoman Argy to
accept the recommendation of the Planning Board and waive the requirements for
a professional engineer to prepare a new Site Plan at 4638 East River Road.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
UNFINISHED
BUSINESS:
Metzger Civil
Engineering, PLLC – Merge Lots – SBL #38.11-2-9 and a Portion of
38.11-2-6.11 – 0.08 Acre Parcel
Remains
Tabled.
REPORT OF THE AUDIT COMMITTEE:
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to pay
Vouchers
#95434 – 95582
General
$ 64,536.13
Highway
$ 48,033.57
Sewer
$ 41,924.82
Water
$ 4,070.28
Capital
$ 23,600.84
Garbage
$100,969.04
Total
$283,134.68
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
PUBLIC COMMENTS:
This is
an opportunity for residents to comment on any matter regarding Town
government on any subject.
Speakers:
None
FROM THE TOWN BOARD:
Councilwoman Cooke:
Marion Klingel plaque has been placed in the Town Lobby; October 3rd
– Dollars for Scholars Run – Veterans Park
Councilman Roesch: September 26th – CROP
Walk – Kaegebein School – 1:00p.m.; Audit of Town invoices, Bond
Resolutions
Supervisor McMahon: September 26th –
Electronics Recycling – ECC South
ADJOURNMENT:
A motion was made by Councilwoman Cooke, seconded by Councilwoman to
adjourn the meeting at 8:49p.m.
APPROVED
Ayes 5
Cooke, Crawford, Roesch, Argy, McMahon
Noes
0
A moment of silence was observed in memory of the following:
Vivian Bryans
Charles Sperrazza III
James Rogers
Betty Barrett
Mary Jane Masocco
Dr.
Raymond Kot, Sr.
Respectfully submitted,
Patricia A. Frentzel