A regular meeting of
the Town Board of Grand Island, New York was held at the Town Hall, 2255
Baseline Rd., Grand Island, NY at 8:00 PM on the 5th of July 2005.
Present: Peter
A. McMahon Supervisor
Richard W. Crawford Councilman
Mary S. Cooke Councilwoman
Daniel F. Robillard Councilman
Gary G. Roesch Councilman
Patricia A. Frentzel Town Clerk
Peter Godfrey Town
Attorney
Rev. David Nitkowski from New Apostolic Church gave the Invocation.
Councilman Roesch led
the Pledge of Allegiance.
Supervisor McMahon
called the meeting to order at 8:00PM.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who spoke:
Joseph Lukasiewicz,Sr. Re: Intersection of Baseline & Staley Roads
A motion
was made by Councilwoman Cooke, seconded by Councilman Crawford to Approve
minutes of Workshop Meeting #34, June 14, 2005, minutes of Workshop Meeting
#36, June 15, 2005, minutes of Regular Meeting #11, June 20, 2005, minutes of
Workshop Meeting #37, June 20, 2005, minutes of Workshop Meeting #38, June 21,
2005, minutes of Workshop Meeting #39, June 22, 2005, and minutes of Workshop
Meeting #40, June 28, 2005.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
1.
Meeting Minutes – Traffic Safety Advisory Board – May 10,
2005
2.
Erie County Industrial Development Agency – 2005 Invitrogen
Corporation Project
3.
Meeting Minutes – Economic Development Advisory Board -
June 9, 2005
4.
Meeting Minutes – Cable & Communications Committee –
June 21, 2005
5.
United Way of Buffalo & Erie County – New
Representative at the United Way of Buffalo & Erie County
6.
State of New York - Department of State - 2004 Application for Construction of
Fishermen’s Park & Ferry Village Bikepath
7.
The Assembly – State of New York – Collateral Sources
8.
Meeting Minutes – Community Enrichment Council – June 16,
2005
9.
Louise M. Slaughter – Congress of the United States – NEXUS
Program
10.
Preservation League of New York State – 2004 Annual Report
11.
Centre for the Development of Community Assets – Draft
Progress on the Niagara River Greenway
12.
IsleChem – Signed Lease Agreement to Provide Office Space
to the Town of Grand Island
13.
South Towns Community Enhancement Coalition - Resolution in
Opposition of Higher Tolls and in Support of Elimination of Toll Barriers
14. Village of Hamburg – Resolution in Opposition of Higher Tolls and in Support of Elimination of Toll Barriers
A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the consent agenda as distributed.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
SUPERVISOR McMAHON:
Adelphia – Home Rule and
Cable Television Franchising
A motion
was made by Councilman Roesch, seconded by Councilman Crawford to authorize the
Supervisor to send a letter to Governor Pataki and the Chairman of Public
Service Commission in support of Verizon negotiating a cable television
franchise similar to Adelphia before being allowed to construct such facilities
on Grand Island.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Proposed Changes to New York
State Retirement System
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize
the Supervisor to draft a letter in support of pension reform subject to the
Town Board approval. Final copies of
the letter are to be sent to Governor Pataki, Senate Majority Leader Bruno,
Assembly Speaker Silver, Comptroller Hevesi, Senator Brown and Assemblyman
Hoyt.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Proposed Changes to Megan’s
Law
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to authorize the
Supervisor to draft a letter in support of strengthening sex offender
legislation subject to the Town Board approval. Final copies of the letter are to be sent to Governor Pataki,
Senate Majority Leader Bruno, Assembly Speaker Silver, Attorney General
Spitzer, Senator Brown and Assemblyman Hoyt.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Motion Authorizing
Supervisor to Sign Contract for Containerized Service for Hauling and Disposal
of Solid Waste Trash
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch authorizing the
Supervisor to given written consent to an assignment by BFINA to it is
subsidiary, Allied Waster Services of North American for the containerized
service for hauling and disposal of solid waste trash for the Town Hall,
Recreation and Highway Garage.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS – OTHER OFFICIALS:
TOWN ATTORNEY - PETER
GODFREY:
Amended Bond Resolution for
Veterans Park Enhancement Project
A motion
was made by Councilman Robillard, seconded by Councilwoman Cooke to adopt the
amended bond resolution as follows:
A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND
ADOPTED JULY 5, 2005, AMENDING THE BOND RESOLUTION ADOPTED FEBRUARY 2, 2004
AUTHORIZING IMPROVEMENTS TO AND EMBELLISHMENT OF VETERANS PARK IN THE TOWN, IN
AN AMOUNT NOT TO EXCEED $410,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $350,000 OF THE TOWN OF GRAND ISLAND, OFFSET BY ANY FUNDS RECEIVED
FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK, AND/OR THE COUNTY OF
ERIE, FOR SAID OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN’S OBLIGATION ISSUED
THEREFOR. PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND
DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE
SALE OF SUCH BONDS TO THE TOWN
SUPERVISOR.
BE IT RESOLVED, by the Town Board of the Town of Grand
Island, in the County of Erie, New York (the “Town”) (by the favorable vote of
not less than two-thirds of all the
members of the Board) as follows:
SECTION 1. The Town is hereby authorized to
undertake improvements to and embellishment of Veterans Park, including, but
not limited to (i) the construction of two (2) softball fields complete with
drainage, fencing, backstops, and skinned infields, (ii) the construction of
additional asphalt parking area for approximately eighty vehicles complete with
concrete curbs and storm drainage facilities, and (iii) the landscaping of
approximately twelve acres of grassed lawn areas between and around the athletic
fields, (hereinafter referred to as the “Purpose”). The maximum cost of said purpose will not exceed $410,000.
SECTION 2. The Town Board plans to finance the
maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $350,000 of
said Town, hereby authorized to be issued therefor pursuant to the Local
Finance Law, offset by any federal or state grants received.
SECTION 3. It is hereby determined that said
purpose is an object or purpose described in subdivision 19 (c) of paragraph
(a) of Section 11.00 of the Local Finance Law, and that the period of probable
usefulness of said purpose is fifteen (15) years, however, the obligations will
be paid off in five (5) years or less.
SECTION 4. Current funds are not required to be
provided prior to the issuance of the bonds authorized by this resolution or
any notes issued in anticipation of the sale of said bonds.
SECTION 5. It is hereby determined the proposed
maturity of the obligations authorized by this resolution will not be in excess
of five (5) years.
SECTION 6. The faith and credit of said Town are
hereby irrevocably pledged for the payment of the principal of and interest on
such bonds as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds
becoming due and payable in such year.
There shall annually be levied on all the taxable real property of said
Town a tax sufficient to pay the principal of and interest on such bonds as the
same become due and payable.
SECTION 7. Subject to the provisions of this
resolution and of the Local Finance Law, pursuant to the provisions of Section
30.00 relative to the authorization of the issuance of bond anticipation notes
or the renewals of said notes and of Section 21.00, Section 50.00, Sections
56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the
powers and duties of the Town Board pertaining or incidental to the sale and
issuance of the obligations herein authorized, including but not limited to
authorizing bond anticipation notes and prescribing the terms, form and
contents and as to the sale and issuance of the bonds herein authorized and of
any bond anticipation notes issued in anticipation of said bonds, and the
renewals of said notes, are hereby delegated to the Town Supervisor, the chief
fiscal officer of the Town.
SECTION 8. The temporary use of available funds
of the Town, not immediately required for the purpose or purposes for which the
same were borrowed, raised or otherwise created, is hereby authorized pursuant
to Section 165.10 of the Local Finance Law, for the capital purposes described
in Section 1 of this resolution. The
Town then reasonably expects to reimburse such expenditure with the proceeds of
the bonds or bond anticipation notes authorized by Section 2 of this
resolution. This resolution shall
constitute the declaration of the Town’s “official intent” to reimburse the
expenditures authorized by Section 1 hereof with the proceeds of the bonds and
notes authorized herein, as required by United States Treasury Regulation
Section 1.150-2.
SECTION 9. The Town Supervisor is further
authorized to take such actions and execute such documents as may be necessary
to ensure the continued status of the interest on the bonds authorized by this
resolution, and any notes issued in anticipation thereof, as excludable from
gross income for federal income tax purposes pursuant to Section 103 of the
Internal Revenue Code of 1986, as amended (the “Code”) and to designate the
bonds authorized by this resolution, and any notes issued in anticipation
thereof as “qualified tax-exempt bonds” in accordance with Section
265(b)(3)(B)(i) of the Code.
SECTION 10. The Town Supervisor is further
authorized to enter into a continuing disclosure agreement with the initial
purchaser of the bonds or notes authorized by this resolution, containing
provisions which are satisfactory to such purchaser in compliance with the
provisions of Rule 15c12-12, promulgated by the Securities and Exchange
Commission pursuant to the Securities Exchange Act of 1934.
SECTION 11. The Town has determined that the
Project will not have a significant effect on the environment and, therefore,
no other determination or procedures under the State Environmental Quality
Review Act (“SEQR”) is required.
SECTION 12. The validity of said serial bonds or
of any bond anticipation notes issued in anticipation of the sale of said
serial bonds may be contested only if:
(1) (a) Such obligations are authorized for
an object or purpose for which said Town is not authorized to expend money, or
(b) The
provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication; or
(2) Said
obligations are authorized in violation of the provisions of the Constitution
of New York.
SECTION 13. The Bond Resolution dated February 2, 2004
remains in full effect, and all actions taken there under are hereby ratified.
SECTION 14. The Town
Clerk is hereby authorized and directed to publish this resolution, or a
summary thereof, together with a notice in substantially the form provided by
Section 81.00 of said Local Finance Law, in a newspaper having a general
circulation in said Town and designated as the official newspaper of said Town
for such publication.
SECTION 15: This
Resolution is effective immediately.
The question of the adoption of the foregoing resolution was
duly put to vote on a roll call, which resulted as follows:
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Accept the Annexed Deed of
Dedication of Town Highway to be Known as Part of Park Place - Phase VI
A motion
was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the
resolution accepting the annexed deed of dedication of Town Highway to be known
as part of Park Place - Phase VI subject to the approval of the Town Engineer,
Town Attorney and the Highway Superintendent as follows:
Upon
submission of the annexed deed of dedication of Smith Ventures, L.P.,
dedicating and releasing the necessary lands for a proposed town highway as set
forth in the annexed legal description in the Town of Grand Island, County of
Erie, State of New York, to be known as part of Park Place, Now therefore, it is
RESOLVED,
that in accordance with the provisions of Section 171 of the Highway Law of the
State of New York, consent is given that the Highway Superintendent of the Town
Of Grand Island make an Order laying out the aforesaid town highways, the Town
Highways to consist of the lands described in the deed of dedication, subject
to the approvals of the Town Engineer and the attorneys for the Town, and it is further
RESOLVED, that subject
to the approvals of the Town Engineer and the attorneys for the Town and the
Order of the Highway Superintendent laying out the aforesaid town highway, the
Town Board hereby accepts the annexed deed of dedication, provided it is filed
by the attorney for Smith Ventures, L.P., or his representative, in the Erie
County Clerk’s Office and the attorneys for the Town are provided with a
certified copy thereof documenting such satisfactory filing.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Resolution Accepting
Turnaround Public Drainage, Sanitary Sewer Easements for the Park Place
Subdivision, Phase VI
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the
resolution accepting turnaround public drainage, sanitary sewer easements for
the Park Place Subdivision, Phase VI as follows:
WHEREAS,
Smith Ventures, L.P. has offered for dedication lands for a proposed town
highway known as Park Place as shown on map filed under Cover No. 3257, and
WHEREAS the plans submitted by Smith
Ventures, L.P. in connection with such proposed town highways include
turnaround easements, storm drainage easements, and sanitary sewer easements in
favor of the Town of Grand Island; and
WHEREAS, Smith Ventures, L.P. has
offered such turnaround easements storm drainage easements, and sanitary sewer
easement to the Town of Grand Island;
NOW THEREFORE, BE IT RESOLVED,
subject to the approval of the attorneys for the Town, the Town Board does
hereby accept from Smith Ventures, L.P. the owner of Park Place Subdivision,
the East End Turnaround Easement annexed hereto as Attachment A, provided it is
filed by the attorney for Smith Ventures, L.P., or its representative, in the
Erie County Clerk’s office and the attorneys for the Town are provided with a
certified copy thereof documenting such satisfactory filing.
AND BE IT FURTHER
RESOLVED, that subject to the approval of the attorneys for the Town, the Town
Board does hereby accept from Smith Ventures, L.P., the owner of Park Place
Subdivision, various storm drainage easements as follows:
-a
15 foot wide storm sewer easement running along the northerly lines of
Subdivision Lots 60, 61, 62, 63, 64, 65 and 66, as shown on Map filed in the
Erie County Clerk’s Office under Cover No. 3257;
-part
of a 20 foot wide storm sewer easement running along the westerly line of
Subdivision Lot 8 as shown on Map filed in the Erie County Clerk’s Office under
Cover No. 3257;
-a
15 foot wide storm sewer easement running along the southerly lines of
Subdivision Lots 8, 9, 10, 11 and 12; the southeasterly line on Lot 12; and the
southerly line of Lot 13 as shown on Map filed in the Erie County Clerk’s
Office under Cover No. 3257;
-part
of a 20 foot wide storm sewer easement running along the easterly line of the
Subdivision Lot 13 as shown as Map filed in the Erie County Clerk’s Office
under Cover No. 3257.
AND BE IT FURTHER
RESOLVED, that, subject to the approval of the attorneys for the Town, the
Supervisor is authorized and directed to exercise said easements.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
TOWN ENGINEER - JOHN
WHITNEY:
Award Bid, Job No. M-14-2005
– Bituminous Resurfacing of Various Town Roads
Town
Engineer John Whitney reported that he had opened the bids on June 30, 2005 for
bituminous resurfacing of various town roads.
Three bids were received from the following:
Amherst Paving, Inc. $203,673.00
Robinson Paving, Inc. $222,752.60
Milherst Construction $249,534.00
After
careful review of the bids, Mr. Whitney recommended the low bidder, Amherst
Paving, Inc. be awarded the bid for bituminous resurfacing of various town
roads in the amount of $203,673.00.
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve
Mr. Whitney’s request for low bidder, Amherst Paving, Inc. to be awarded the
bid for bituminous resurfacing of various town roads in the amount of
$203,673.00.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
ZONING OFFICER – JOHN
McCARTHY:
Special Use Permit Renewal –
Sandy Beach Yacht Club, 1851 Winter Road
– Parking Lot
A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the Special Use Permit for Sandy Beach Yacht Club, 1851 Winter Road for a parking lot. The property has been inspected and it is unchanged from last year.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Special Use Permit Renewal –
Florence L. Prawel, 993 Whitehaven
Road – Keeping of 3 Agricultural
Animals on 5.9 Acres
A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to renew the Special Use Permit for Florence Prawel, 2400 Fix Road for keeping up to 3 Agricultural Animals on 5.9 Acres at 993 Whitehaven. The property has been inspected and it is unchanged from last year.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
Paul Long – Petition to Amend Zoning Map – 359 East River
Road
A motion
was made by Councilman Roesch, seconded by Councilwoman Cooke to set a Public
Hearing for Monday, July 18, 2005 at 8:00p.m. for the purpose of hearing anyone
who wishes to comment in favor of or against the proposed petition by Paul Long
to amend the Zoning Map for property at 359 East River Road to be rezoned from
B2 to R1-E.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
COMMUNICATIONS – GENERAL:
Mary V. Machelor –
Intersection of Staley Road and Baseline Road – Request for Traffic Signal
A motion
was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the
correspondence from Mary V. Machelor regarding the request for a traffic signal
at the intersection of Staley & Baseline Road to the Town Board and the
Traffic Safety Advisory Board with a letter to the resident that a traffic
signal has been preliminarily approved with Erie County and the Town is waiting
for the paperwork.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
REPORT OF THE AUDIT COMMITTEE:
A motion was made by
Councilwoman Cooke, seconded by Councilman Crawford to pay
Vouchers #79924 –
#80049:
General $ 75,346.88
Sewer $ 6,033.16
Water $ 20,238.65
Capital $ 49,120.16
Capital Reserve $ 2,000.00
Fire District $187,431.00
Total $340,169.85
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
PRIVILEGE OF THE FLOOR:
This is an
opportunity for residents to comment on any matter regarding Town government on
any subject.
Residents who
spoke: None
FROM THE TOWN BOARD:
Councilman
Crawford: The Traffic Safety Advisory Board supports traffic light at the
Baseline & Staley Road intersection.
The intersection meets traffic signal criteria, and the Town has
received preliminary approval from the County.
Councilwoman
Cooke: Great job to Recreation staff for 4th of July Parade
coordination and community effort of Astellas and others for the fireworks
display at Fantasy Island.
ADJOURNMENT:
A motion was made by
Councilwoman Cooke, seconded by Councilman Crawford to adjourn the meeting at
8:25p.m.
APPROVED Ayes 5 Cooke, Crawford, Robillard, Roesch, McMahon
Noes 0
A moment of silence
was observed in memory of the following:
Sherry Duchman
Jeffery Reszetucha
Walter Cowan
Helen Such
Louis Scozzaro
John Hopper
Lance Kohn II
Mary Louise Kline
Respectfully
submitted,
Patricia A. Frentzel
Town Clerk