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.
Members of the Golden Age Center led the Pledge of Allegiance.
PROCLAMATIONS:
May – Older Americans Month Recognition
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:
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
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
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
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
2. such
obligations were authorized in violation of the provisions of the Constitution
of New York.
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
2. such
obligations were authorized in violation of the provisions of the Constitution
of New York.
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