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 7th of May 2007.

 

Present:                      Richard W. Crawford                         Deputy Supervisor

Mary S. Cooke                        Councilwoman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Excused:                     Peter A. McMahon                Supervisor

 

Deputy Supervisor Richard Crawford called the meeting to order at 8:00p.m.

Reverend Kevin Backus from Bible Presbyterian Church gave the Invocation. 

Members of the Golden Age Center led the Pledge of Allegiance. 

 

PROCLAMATIONS:

May – Older Americans Month Recognition

 

PUBLIC COMMENTS:

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

 

Speakers:            John & Theresa Cook, Annmarie Schneider, Monique Corrao, William Good                                    Re: Proposed Cell Tower           

 

PUBLIC HEARING:

Final Plat Approval – Island Landings Subdivision (#103), Phase 1 (4 Lots)

A public hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to speak in favor of or in opposition to Final Plat Approval for Island Landings Subdivision #103, Phase 1 (4 lots).

      

       Speakers in Favor:                      James Churchill

       Speakers in Opposition:            None

       General Questions:            Sue Fetzer, James Teator, Albert Hecko

 

Deputy Supervisor Crawford declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to table the Final Plat Approval for Island Landings Subdivision #103, Phase 1 (4 lots).

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve Minutes of Workshop Meeting #23, April 16, 2007, Minutes of Regular Meeting #7, April 16, 2007, and Minutes of Workshop Meeting #24, April 17, 2007.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

 

CONSENT AGENDA:

1.      Meeting Minutes – Grand Island Memorial Library – January 25, 2007

2.      Town of Lancaster – Resolution in Support of Internet Sex Offender Legislation

3.      Meeting Minutes – Long Range Planning Committee – March 28, 2007

4.      Meeting Minutes – GIFTS Executive Team – March 13, 2007

5.      Town of Elma, Town of Marilla – Resolution Rejecting the Recommendation of the Commission to Close St. Joseph Hospital

6.      State of New York, Executive Chamber – Commission on Local Government Efficiency and Competitiveness

7.      Erie County Department of Environment and Planning – Smart Growth Series in Niagara Falls

8.      Golden Age Center – Facility Usage – April 2007

9.      Golden Age Center – Vehicle Usage – April 2007

10.  New York State Public Service Commission – Notice of Public Statement Hearings on National Fuel Gas Distribution Corporation’s Proposed Gas Service Rate Increase

11.  Building Permits Issued – April 2007

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the Consent Agenda as distributed.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

Monthly Supervisor’s Report – March 2007

The Supervisor reported a cash balance of $226,694 on March 1, 2007

Total Receipts of $6,659,362

Total Disbursements of $6,681,790

Operating A/C Interest $153

Operating A/C Balance $204,419

Investment Interest $34,325

Investment Balance $7,098,970

Total Cash Balance as of March 31, 2007 $7,303,389

No action required by Town Board.

 

Monthly Supervisor’s Report – April 2007

The Supervisor reported a cash balance of $204,419 on April 1, 2007

Total Receipts of $1,959,934

Total Disbursements of $1,945,508

Operating A/C Interest $147

Operating A/C Balance $218,992

Investment Interest $31,496

Investment Balance $7,623,243

Total Cash Balance as of April 30, 2007 $7,842,235

No action required by Town Board.

Adopt Resolution – Acceptable Training for Planning Board and ZBA Members

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution regarding acceptable training for Planning Board and ZBA members:

WHEREAS, the adoption and implementation of local land use decisions have a profound effect on the character of a community and the well-being of its citizens; and

 

WHEREAS, the administration of land use laws is a complex and highly diverse process that requires specialized knowledge and familiarity with the applicable laws and regulations; and

 

WHEREAS, well-considered and timely decisions, consistent with those laws and regulations, attract quality community development, result in fewer lawsuits, and generally decrease the discord within the community; and

 

WHEREAS,  the Town of Grand Island desires to provide, for the benefit of its citizens, a well-trained and knowledgeable body of officials to administer the local land use process; now therefore

 

BE IT RESOLVED, as follows:

 

1.      Pursuant to the provisions of Town Law Sections 267 & 271, all Planning Board and Zoning Board of Appeals members shall be required to complete at least four (4) hours of suitable training per year;

2.      The authority to determine suitable training is hereby delegated from the Town Board to the respective Planning and Zoning Board chairs, who shall note annually in board minutes the selected training;

3.      The training requirement may be satisfied by educational activities substantially devoted to planning, zoning or other land use issues, such as: 1) attending conferences, seminars or workshops; 2) participating in online training or tutorials; 3) attending college courses; 4) reading journal articles or books; or 5) any other educational activities considered acceptable by the respective board chair. Training may be offered by a municipality, regional or county planning office or commission, county, regional, or state planning federation, state agency, statewide municipal association, college or university, or other similar entity;

4.      A record of annual completion of training shall be maintained both by the respective board secretary and Town Clerk, with a copy provided to the Town Board prior to considering a planning or zoning board member for reappointment. Eligibility for reappointment to these boards shall be conditioned upon completion of training prior to the end of each calendar year;

5.      Suitable training in excess of four (4) hours per year may be accumulated and carried over into the succeeding year for the purpose of satisfying these training requirements;

6.      Any new member appointed to fill the last six (6) months of a term shall not be required to have attended training to be re-appointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein.

 

LET IT FURTHER BE RESOLVED,  that other training activities may be approved on a case-by-case basis by the Town Board upon the request of a planning board or zoning board of appeals member.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

 

 

Authorize Supervisor to Sign DEC Tree Grant Application

The Town will be receiving a $4,200 grant from NYS DEC, to replace trees lost during last year’s October storm.

 

This grant presents the Town with a unique opportunity to substantially increase our reforestation efforts.

 

Running the grant funds through the Re-tree WNY project would make the Town eligible for matching funds from the Re-tree WNY fundraising campaign. If the drive is completely successful, Re-tree WNY plans to match funds dollar for dollar. The $4,200 grant could become $8,400 worth of trees. If the drive is not completely successful, the match will be a smaller amount.  There is certain to be some matching money available.

 

If Grand Island matches the DEC grant, then $8,400 would be eligible for matching money. That raises the potential money available to $16,800. Trees will be planted in accordance with the guidance of a committee appointed for that purpose.

 

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy approving a Town of Grand Island match of $4,200 for the DEC grant with the entire $8,400 being coordinated with the Re-tree WNY effort.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke authorizing the Supervisor to sign the DEC grant application and such contracts or other documents as may be necessary to complete the grant.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Automatic External Defibrillators

The GI Fire Co. owns five Zoll Medical AEDs and has the training aids, along with the computer software for the Zolls, which are on the NYS bid. Two “Zoll AED Plus” would cost a total of $3,630.00. One would be placed in Town Hall and one at the Golden Age Center. A training course would be offered for employees of both Town Hall and Golden Age, and for golden-agers. This includes accessories such as locking case, extra keys, and AED location markers. A request has been made to the Rotary Club and a request will be made to the Grand Island Golden Age Club for some financial support for the project.

 

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Supervisor to sign the purchase orders or agreements with Zoll Medical Corporation for the EADs and to arrange training through a provider at no cost to the Town and to amend the 2007 General Fund Budget as follows:

 

Increase Acct.# 001-0001-9999 (Appropriated Fund Balance) by $3,630.00.

Increase Acct.# 001-1620-0200 (Shared Services Equipment) by $1,815.00.

Increase Acct.# 001-6772-0200 (Golden Age Equipment) by $1,815.00.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Seasonal Park Crew Chief

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to refer the Seasonal Park Crew Chief appointment to the Town Attorney.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

COUNCILWOMAN MARY S. COOKE:

Approve Town/School Cooperation Agreement

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Supervisor to sign the intermunicipal cooperative agreement between the Town of Grand Island and the Grand Island Central School District regarding the use of recreation facilities.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

COUNCILMAN RICHARD W. CRAWFORD:

Grand Island Memorial Library – Request to Purchase Lawn Mower

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Grand Island Memorial Library to purchase a new lawn mower off the state contract for a John Deere JA62, 21” cut rotary mower with a Briggs & Stratton OHV 6.75 hp at a cost of $548.10.  The funds are available in the 2007 budget.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Summer Help Hires

Superintendent Raymond Dlugokinski informed the Town Board he has hired Robert Fraser as summer help effective May 8, 2007 at a rate of $12.75/hr.  Mr. Dlugokinski also hired Justin Piershalski as summer help effective May 8, 2007 at a rate of $8.50/hr. 

For information only.  No action by the Town Board.

 

Rebid – One New and Unused 2007 9’ All Season Dump Box or Newer

Highway Superintendent Raymond Dlugokinski reported that he had opened the bids on May 2, 2007 for a new and unused 2007 9’ all season dump box or newer. The original specs were written incorrectly.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the Highway Superintendent to advertise to rebid for one new and unused 2007

9’ all season dump box or newer. 

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Award Bid – One New and Unused 2007 Patching Roller or Newer

Highway Superintendent Raymond Dlugokinski reported that he had opened the bids on May 2, 2007 for one new and unused 2007 Patching Roller or newer.  One bid was received from the following:

Baschmann Services                                $9,435.00

After careful review of the bids, Mr. Dlugokinski recommended the sole bidder, Baschmann Services be awarded the bid in the amount of $9,435.00

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept Mr. Dlugokinski’s request for low bidder, Baschmann Services to be awarded the bid for one new and unused 2007 Patching Roller or newer in the amount of $9,435.00 and with the trade-ins of one 1991 Vermeer Chipper, one 1992 Vermeer Chipper and one 1998 Beuthling Roller.

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

                        Noes            0

 

Award Bid – One New and Unused 2008 Light Duty 4x4 Truck Cab & Chassis

Highway Superintendent Raymond Dlugokinski reported that he had opened the bids on May 2, 2007 for one new and unused 2007 Patching Roller or newer.  Four bids were received from the following:

Fairport Ford                                       $32,591.00

Bison Truck Center                         $32,597.25

Van Bortel                                       $34,980.00

West Herr Ford                             $32,271.00

 

After careful review of the bids, Mr. Dlugokinski recommended the low bidder, West Herr Ford  be awarded the bid in the amount of $32,271.00.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept Mr. Dlugokinski’s request for low bidder, West Herr Ford to be awarded the bid for the for one new and unused 2008 light duty 4x4 truck cab & chassis in the amount of $32,271.00.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Site Plan for Grading Permit – Kaprio Property, Whitehaven Road, SBL #36.00-3-3

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to approve the Site Plan for a Grading Permit for property located at 2704 Whitehaven Road,

SBL #36.00-3-3.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Topsoil, Concrete and Water/Wastewater Repair Material

Award Bid – 2006 Drainage Program – Project No. D-35

Town Engineer John Whitney reported that on April 19, 2007 quotations were received for the purchase of topsoil and concrete repairs to be done by the Town.  Quotations were also received for the purchase of miscellaneous Water/Wastewater repair materials.

              Concrete

            Broad Spectrum Concrete                $7.25/square foot

              Podlucky Construction          $6.50/square foot

              Topsoil

            Bush Trucking & Landscaping       $11.45/yard

            Leo Brenon Topsoil                          $12.25/yard

            E. Brenon Topsoil                          $16.00/yard

            JF Krantz Nursery                         $18.00/yard

              Premium Topsoil                          $18.00/yard

 

              Water/Wastewater Repair Material

Repair Materials

 

 

 

 

 

2007 Price Quote

 

 

 

 

 

Item

MJ Pipe

EJP

K&S

Lock City

Vellano

 

 & Supply

 

Supply

Supply

Brothers

Repair Clamps

 

 

 

 

 

6 x 8

42.87

31.72

45.14

33.98

39.00

6 x 10

53.74

42.98

58.18

45.90

53.80

6 x 12

60.39

50.65

66.75

54.44

62.50

6 x 16

77.05

55.87

77.82

59.93

68.80

6 x 24

115.62

106.04

138.57

117.67

135.10

8 x 8

49.84

37.17

50.28

39.73

45.60

8 x 10

59.44

49.23

61.34

52.19

60.20

8 x 12

68.46

59.65

72.13

63.44

72.80

8 x 16

87.16

68.17

84.88

72.92

83.70

8 x 24

127.16

120.23

137.52

132.17

151.70

10 x 8

53.47

49.52

 

52.95

59.40

10 x 10

 

 

 

 

 

10 x 12

73.74

77.71

94.43

82.89

92.90

10 x 16

92.71

89.29

105.37

96.19

107.80

10 x 20

119.66

119.22

149.50

132.91

148.20

12 x 12

82.65

90.06

99.42

98.44

112.45

12 x 16

103.84

101.84

112.39

111.98

128.00

12 x 20

134.69

141.43

156.63

153.00

174.80

12 x 24

157.25

167.96

215.50

183.33

209.40

 

 

 

 

 

 

Fire Hydrants

--

1499.00

1420.25

1375.22

1415.00

 

 

Mueller

Kennedy

Mueller

Mueller

Gate Valves

 

 

 

 

 

6"

531.67

596.52

434.55

404.98

438.00

8"

--

950.06

674.15

632.87

680.00

 

 

 

 

 

 

C-900 PVC Pipe

 

 

 

 

 

6"

--

5.31 ft

3.35 ft

3.39 ft

3.7 ft

8"

--

9.19 ft

5.75 ft

5.8 ft

6.32 ft

12"

--

19.70 ft

12.40 ft

12.44 ft

13.58 ft

 

 

 

 

 

 

Brass Fittings

 

 

 

 

 

3/4' Corp

18.52

19.04

15.50

15.31

18.20

1" Corp

27.99

28.78

23.45

23.19

27.60

 

 

 

 

 

 

3/4' Union

10.09

10.38

8.45

8.56

10.20

1" Union

11.57

11.87

9.65

9.33

11.15

 

 

 

 

 

 

3/4' Curb Stop

36.60

37.65

30.65

31.37

37.35

1" Curb Stop

55.04

56.59

46.10

47.15

56.20

 

 

 

 

 

 

Copper

 

 

 

 

 

3/4'

--

7.91 ft

3.60 ft

3.75 ft

4.13 ft

1"

--

10.71 ft

4.70 ft

4.46 ft

5.40 ft

**  Pricing for all PVC piping and Copper Piping are not guaranteed - call for updated pricing

 

 

           

After careful review of the bid, Mr. Whitney recommended the Town purchase topsoil from Bush Trucking & Landscaping at $11.45/yard and Podlucky Construction at $6.50/square foot for concrete repairs.  Water/Wastewater repair materials should be purchased from the supplier with the lowest price for the desired item.

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and purchase topsoil from Busch Trucking & Landscaping at $11.45/yard and Podlucky Construction at $6.50/square foot for concrete repairs.  Water/Wastewater repair materials will be purchased from the supplier with the lowest price for the desired item.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

                        Noes            0         

 

NYSDEC General SPDES Permit for Stormwater Discharges, Draft Stormwater Management Plan & Annual Report for Public Comment

Copy of Annual Stormwater Report is on file in the Town Clerk’s office and the Grand Island Memorial Library.  Public comments on the Draft Stormwater Management Plan will be received through June 30, 2007 and public comments on the Annual Report will be accepted until May 24, 2007. 

No Town Board action is necessary.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Bond Authorizations, Capital Improvement Plans, Various Projects

$168,000 Bond Resolution for the Construction of the Veterans Park Lavatory Facility

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following Bond Resolution regarding the construction of the Veterans Park Lavatory Facility:

A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND (THE “TOWN”) ADOPTED MAY 7, 2007 AUTHORIZING THE CONSTRUCTION OF A BUILDING IN VETERANS PARK, IN AN AMOUNT NOT TO EXCEED $168,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $168,000 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 GRANTS RECEIVED, 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 the construction of a building in Veterans Park, and other improvements in connection therewith, including all preliminary work and necessary equipment, materials and related site work and all and all preliminary costs and other improvements and costs incidental thereto (collectively, the “Purpose”).  The maximum estimated cost of the Purpose will not exceed $168,000.

SECTION 2.  The Town Board plans to finance the maximum estimated cost of the Purpose by the issuance of serial bonds in an amount not to exceed $168,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, offset by any federal, state, county and/or local grants received.

SECTION 3.  It is hereby determined that the Purpose is an object or purpose described in subdivision 11(a)(1) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 30 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 such 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 the 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 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 such 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 such bonds, and the renewals of such 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 Purpose 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 were authorized for an object or purpose for which the Town is not authorized to expend money, or

                     (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
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. This resolution is subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law. The Town Clerk is hereby authorized and directed to publish (one time) and post on the sign-board of the Town, this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten (10) days after the date of adoption of this resolution.

SECTION 14. If no petitions are filed in the referendum period, the Town Clerk is hereby authorized 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.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

$400,000 Improvements of Consolidated Sewer District (Replacement of Existing Force Main & Associated Appurtenances at Sewer Pumping Station No. 9

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the following resolution setting a Public Hearing:

WHEREAS, the Town Board of the Town of Grand Island (herein called "Town Board" and "Town", respectively), in the County of Erie, New York, has, pursuant to Town Law, created the Town of Grand Island Consolidated Sewer District (the “District”), and has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for the District’s sanitary sewer system improvements including, but not limited to, the excavation and placement of approximately 2,400 lineal feet of 10” diameter PVC pressure pipe, 3 road crossings by boring, 2 stream crossings, modification to piping inside the pump station, connection to existing facilities, temporary facilities, and restoration, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto, (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 $400,000; said cost to be financed by the issuance of  serial bonds of the Town in the amount of $400,000, offset by any federal and state funds received.

            NOW, THEREFORE, BE ITORDERED 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 May 21, 2007 at 8:00p.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 be it

            FURTHER ORDERED, that the Town Clerk publish at least once in each newspaper designated as the 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.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

 

$870,000 Improvements of Consolidated Sewer District (Replacement of the Overflow Retention Facility (ORF) Basin Liner at the Wastewater Treatment Plant)

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to adopt the following resolution setting a Public Hearing:

WHEREAS, the Town Board of the Town of Grand Island (herein called "Town Board" and "Town", respectively), in the County of Erie, New York, has, pursuant to Town Law, created the Town of Grand Island Consolidated Sewer District (the “District”), and has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for the District’s sanitary sewer system improvements including, but not limited to, the replacement of the Overflow Retention Facility (“ORF”) Basin liners at the Wastewater Treatment Plant and the installation of a new wash down system, including the existing liners in both basins, some minor regrading to the west basin, the installation of new liners in both basins and the installation of a wash down system that includes the installation of 6 water cannons, two pumps in the filter building and some new piping to the basins to obtain the pressure and supply required for the water cannons, and some minor modifications to the return line piping, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto, (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 $870,000; said cost to be financed by the issuance of  serial bonds of the Town in the amount of $870,000, offset by any federal and state funds received.

            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 May 21, 2007 at 8:00p.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 be it

              FURTHER ORDERED, that the Town Clerk publish at least once in each newspaper designated as the 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.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Bond Resolution for a Portion of the Costs of a New “Vactor” Truck

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following Bond Resolution for a portion of the costs of a new “vactor” truck:

A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND (THE “TOWN”) ADOPTED MAY 7, 2007 AUTHORIZING THE ACQUISITION OF A NEW VACTOR TRUCK, IN AN AMOUNT NOT TO EXCEED $200,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $100,000 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 GRANTS RECEIVED, 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 the acquisition of a new Vactor Truck, including any necessary equipment, materials and all and all preliminary costs and other improvements and costs incidental thereto (collectively, the “Purpose”).  The maximum estimated cost of the Purpose will not exceed $200,000.

SECTION 2.  The Town Board plans to finance a portion of the maximum estimated cost of the Purpose by the issuance of serial bonds in an amount not to exceed $100,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, offset by any federal, state, county and/or local grants received.

SECTION 3.  It is hereby determined that the Purpose is an object or purpose described in subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 15 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 such 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 the 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 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 such 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 such bonds, and the renewals of such 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 Purpose 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 were authorized for an object or purpose for which the Town is not authorized to expend money, or

                     (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
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. This resolution is subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law. The Town Clerk is hereby authorized and directed to publish (one time) and post on the sign-board of the Town, this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten (10) days after the date of adoption of this resolution.

SECTION 14. If no petitions are filed in the referendum period, the Town Clerk is hereby authorized 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.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

$175,000 Improvements of Consolidated Sewer District (Replacement of Pump

Station 3)

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution setting a Public Hearing:

WHEREAS, the Town Board of the Town of Grand Island (herein called "Town Board" and "Town", respectively), in the County of Erie, New York, has, pursuant to Town Law, created the Town of Grand Island Consolidated Sewer District (the “District”), and has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for the District’s sanitary sewer system improvements including, but not limited to, the replacement of Pump Station 3 with a recessed wet well mounted pump station, the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto, (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 $175,000; said cost to be financed by the issuance of  serial bonds of the Town in the amount of $175,000, offset by any federal and state funds received.

            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 May 21, 2007 at 8:00p.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 be it

 

              FURTHER ORDERED, that the Town Clerk publish at least once in each newspaper designated as the 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.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

RECREATION DIRECTOR – LINDA TUFILLARO:

Summer Hires

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Recreation Director to hire the following for Part-time Maintenance, effective May 8, 2007, 20 weeks, 40 hours per week:

New Hires at $8.00 per hour – Kevin Buyer, Scott Buyer, Eric Hajnos, Frank Strano, David Whitney, Joseph Wilton, G. Cody Clarke

Return Hires at $7.43 per hour – Justin Dowd, Casey Dahlstrom

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

CODE ENFORCEMENT OFFICER – DOUGLAS M. LEARMAN:

Proposed Addition to Fee Schedule

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the request of Code Enforcement Officer Douglas Learman regarding a proposed addition to the Fee Schedule to the Town Attorney for review and recommendation.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

COMMUNICATIONS – GENERAL: 

Peter M. Kooshoian, Attorney at Law – Island Marine

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the correspondence from Attorney Peter M. Kooshoian regarding Island Marine to the Town Attorney and the Town Assessor for review and action.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

The Town Attorney asked for clarification as to the adoptions of the Bond Resolutions and setting Public Hearings for the capital improvements.

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the Bond Resolutions and Orders calling three Public Hearings as distributed.

As per the Town Attorney, this motion supercedes all the previous motions on these matters.

APPROVED       Ayes       4       Cooke, Crawford, Roesch, Argy

Noes            0

 

Town of Grand Island Long Range Planning Committee – Comprehensive Plan “Town Center” Documents

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the

correspondence from the Long Range Planning Committee regarding the Comprehensive Plan “Town Center” documents to the Supervisor for review and recommendation.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

 

Niagara River Greenway Plan and Final Environmental Impact Statement

Copies are available in the Supervisor’s Office for review.  Additional copies will be sent to the Grand Island Memorial Library.

No action by the Town Board.

 

Petition – Opposition to Verizon Cell Tower

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the petition in opposition of a Verizon Cell Tower to the Town Board for review and future action.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Grand Island Chamber of Commerce – Island Happenings/KidBiz Sale, Closing of Whitehaven Road from Baseline Road to Grand Island Boulevard, Saturday, June 30, 2007

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer the request from the Grand Island Chamber of Commerce to close a portion of Whitehaven on Saturday, June 30, 2007 to the Town Clerk.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

Youth Board – Substance Abuse 

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to send a letter in support of the Youth Board adopting a mandatory parent information program on drugs and alcohol prior to the Junior and Senior proms with the theme “One Team, One Island, One Dream, to be Drug Free”.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

The Assembly, State of New York, Albany – Local Initiative Funding for the Town of Grand Island

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to refer the correspondence from Sam Hoyt regarding an $8,000 grant for the Golden Age Center and security enhancements at Town Hall to the Town Board for review.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #86424 – 86611

General $ 46,467.06 

Highway $  8,245.22

Sewer $ 18,897.09

Water $ 24,840.09

Capital $ 54,210.23     

Total   $153,304.31

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

UNFINISHED BUSINESS:

New York State Department of Environmental Conservation, Division of Lands & Forests – Municipal Urban Forest Restoration Assistance

Remove from agenda.  See Communication – Town Board – Supervisor McMahon:  Authorize Supervisor to Sign DEC Tree Grant Application

 

Grand Island Police Department – Change in Status

Remains Tabled.

 

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: Consent Agenda Item #10, May 19th – Chicken BBQ – Town Common – Benefits Relay for Life,  May 19th – Gram’s Garage Sale – Golden Age Center        

Councilman Roesch: Capital Projects, WIFI Grant

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adjourn the meeting at 9:00p.m.

APPROVED       Ayes       4   Cooke, Crawford, Roesch, Argy

Noes            0

 

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


 

Burton Wixson

Mae Klocke

Mary Capizzi

Anthony Sapienza

Beatrice Killian

Colleen Samland

Karl Hoefert

Alfred Yakam

 

Respectfully submitted,

 

 

 

Patricia A. Frentzel

Town Clerk