A regular meeting of the Town Board of Grand Island, New York was held at the Town Hall, 2255 Baseline Rd., Grand Island, NY at 8:00p.m. on the 21st of September, 2009.

 

Present:                      Peter A. McMahon                Supervisor

Mary S. Cooke                        Councilwoman

Richard W. Crawford                         Councilman

Gary G. Roesch                        Councilman

Susan J. Argy                                    Councilwoman

Patricia A. Frentzel                        Town Clerk

Peter C. Godfrey                         Town Attorney

 

Supervisor Peter A. McMahon called the meeting to order at 8:00p.m.

Reverend Earle King from St. Martin-in-the-Fields Episcopal Church gave the Invocation.

Councilwoman Mary Cooke led the Pledge of Allegiance. 

 

PROCLAMATIONS:

CROP Walk – September 27, 2009

Knights of Columbus – 50th Anniversary

 

PUBLIC COMMENTS:

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

 

Speakers:            None

                                                                                                                         

PUBLIC HEARINGS:

Local Law Intro #4 of 2009 – 6th Street Mining Overlay District

A Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Local Law Intro #4 of 2009 – 6th Street Mining Overlay District.

              

       Speakers in Favor:                      Kristin Savard

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to table Local Law Intro #4 of 2009 – 6th Street Mining Overlay District pending the completion of SEQRA.

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

         Noes    0

 

Final Plat Approval – East River Landings, Phase 2, 1 Lot

Planning Board Correspondence – East River Landings, Phase 2, 1 Lot

A Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Final Plat Approval for East River Landings, Phase 2, 1 Lot.

              

       Speakers in Favor:                      None

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and grant Final Plat Approval for East River Landings, Phase 2, 1 lot subject to the condition that the allowable setbacks shall be calculated from a line parallel to and 20’ north of the southern boundary of the property.

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

         Noes    0

Bond Resolution - $2,000,000 Improvements of the Town Consolidated Sewer District – (WW Ragging Elimination Project-2009)

A Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to a Bond Resolution in the amount of $2,000,000 for improvements of the Town Consolidated Sewer District – (WW Ragging Elimination Project-2009.

 

       Speakers in Favor:                      None

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

Approve the Increase and Improvement of Facilities of the Consolidated Sewer District

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the following resolution to approve the increase and improvement of facilities of the Town consolidated sewer district – (WW Ragging Elimination Project-2009):

WHEREAS, the Town Board of the Town of Grand Island (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York on behalf of the Town of Grand Island Consolidated Sewer District (the “District”), in the Town, has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for improvements to the District’s sewer system including, but not limited to, the installation of a rag removal system and equipment and the construction of improvements to the wastewater treatment plant, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (collectively, the “District Improvement”); and pursuant to the direction of the Town the Engineer has completed and filed with the Town Board such map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be a maximum amount of $2,000,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $2,000,000, offset by any federal, state, county and/or local funds; and

 

WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board found that no substantial adverse environmental impact will be caused thereby; and

 

WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, which has been filed in the office of the Town Clerk.

 

WHEREAS, the Town Board issued an Order at its September 8, 2009 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on September 21, 2009 at 8:00 o’clock P.M. (prevailing time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law, and further ordered the Town Clerk to publish at least once in a newspaper designated as an official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing; and

 

WHEREAS, said notices of the public hearing were properly published and posted and the public hearing duly held at the time and place stated in the notices.

 

NOW THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, based on the information provided at the public hearing, as follows:

 

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of $2,000,000; and it is hereby

 

DETERMINED, that the parcels and lots of the District shall be benefited by said increase and improvement of the facilities of the District; and it is hereby

 

DETERMINED, that all parcels and lots benefited by said increase and improvement of the facilities are included in the District; and it is hereby

 

ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of the facilities, and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible, and it is hereby

 

FURTHER ORDERED, that the expense of said increase and improvement of the facilities shall be financed by the issuance of serial bonds of the Town in an amount not to exceed $2,000,000, said amount to be offset by any federal, state, county and/or local funds, and the costs of said increase and improvement of facilities shall be annually apportioned among the District by the Town Board, and the amounts so apportioned shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law, and it is hereby

 

FURTHER ORDERED, that within ten (10) days after adoption of this Resolution and Order, the Town Clerk shall record with the Clerk of the County of Erie a copy of this Resolution and Order, certified by said Town Clerk.

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

         Noes    0

 

Approve Bond Resolution –  $2,000,000 Improvements of the Town Consolidated Sewer District – (WW Ragging Elimination Project-2009)

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to approve the following Bond Resolution not to exceed $2,000,000 for the improvements of the Town consolidated sewer district – (WW Ragging Elimination Project-2009) as follows:

A Bond Resolution, dated September 21, 2009,  of the Town Board of the town of grand Island, Erie County, New York (the “Town”), authorizing the increase and improvement of facilities of the consolidated sewer district at a maximum estimated cost not to exceed $2,000,000, and authorizing the issuance of serial bonds in an aggregate principal amount not to exceed $2,000,000 of the town, pursuant to the Local Finance Law and to finance said purpose, said amount to be offset by any federal, state, county and/or local funds received, and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor:

WHEREAS, the Town Board of the Town of Grand Island, Erie County, New York (the “Town”), has determined to proceed with the Increase and Improvement of Facilities of the Consolidated Sewer District (the “Improvement Project”); and

WHEREAS, the Town Board desires to undertake the construction of the Improvement Project including, but not limited to, the installation of a rag removal system and equipment and the construction of improvements to the wastewater treatment plant, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (collectively, the “Improvement”).

WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the Improvement.

 

BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

 

SECTION 1.  The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the Increase and Improvement of facilities of the Consolidated Sewer District (the “District”) in the Town of Grand Island.  The maximum estimated cost of said purpose will not exceed $2,000,000.

SECTION 2.  The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $2,000,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds.  The cost of such improvement is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds as the same become due and payable, except as provided by law.

SECTION 3.  It is hereby determined that said purpose is an object or purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty years.

SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

SECTION 6.  The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds as the same become due and payable, except as provided by law.  Unless paid from other sources, there shall annually be levied on all taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

SECTION 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

SECTION 8.  The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

SECTION 9.  The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION 10.  The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

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

SECTION 12.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

(1)             (a)            Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

             (b)            if the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

            (2.)   Said obligations are authorized in violation of the provisions of the Constitution of New York.

SECTION 13.  This Resolution is effective immediately.

SECTION 14.  The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said Town and designated as the official newspaper of said Town for such publication.

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

         Noes    0

 

Bond Resolution - $225,000 Improvements of the Town Consolidated Sewer District – (WW Pressure Swing Absorption System Upgrades

A Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to a Bond Resolution in the amount of $225,000 for improvements of the Town Consolidated Sewer District – (WW Pressure Swing Absorption System Upgrades.

 

       Speakers in Favor:                      None

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

Approve the Increase and Improvement of Facilities of the Consolidated Sewer District

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the following resolution to approve the increase and improvement of facilities of the Town consolidated sewer district – (WW Pressure Swing Absorption System Upgrades)

WHEREAS, the Town Board of the Town of Grand Island (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York on behalf of the Town of Grand Island Consolidated Sewer District (the “District”), in the Town, has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for improvements to the District’s sewer system including, but not limited to, the replacement of the pressure swing absorption (PSA) system at the wastewater treatment plant, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (collectively, the “District Improvement”); and pursuant to the direction of the Town the Engineer has completed and filed with the Town Board such map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be a maximum amount of $225,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $225,000, offset by any federal, state, county and/or local funds; and

WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board found that no substantial adverse environmental impact will be caused thereby; and

 

WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, which has been filed in the office of the Town Clerk.

 

WHEREAS, the Town Board issued an Order at its September 8, 2009 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on September 21, 2009 at 8:00 o’clock P.M. (prevailing time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law, and further ordered the Town Clerk to publish at least once in a newspaper designated as an official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing; and

 

WHEREAS, said notices of the public hearing were properly published and posted and the public hearing duly held at the time and place stated in the notices.

 

NOW THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, based on the information provided at the public hearing, as follows:

 

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of $225,000; and it is hereby

 

DETERMINED, that the parcels and lots of the District shall be benefited by said increase and improvement of the facilities of the District; and it is hereby

 

DETERMINED, that all parcels and lots benefited by said increase and improvement of the facilities are included in the District; and it is hereby

 

ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of the facilities, and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible, and it is hereby

 

FURTHER ORDERED, that the expense of said increase and improvement of the facilities shall be financed by the issuance of serial bonds of the Town in an amount not to exceed $225,000, said amount to be offset by any federal, state, county and/or local funds, and the costs of said increase and improvement of facilities shall be annually apportioned among the District by the Town Board, and the amounts so apportioned shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law, and it is hereby

FURTHER ORDERED, that within ten (10) days after adoption of this Resolution and Order, the Town Clerk shall record with the Clerk of the County of Erie a copy of this Resolution and Order, certified by said Town Clerk.

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

         Noes    0

 

Approve Bond Resolution – $225,000 Improvements of the Town Consolidated Sewer District – (WW Pressure Swing Absorption System Upgrades

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the following Bond Resolution not to exceed $225,000 for the improvements of the Town consolidated sewer district – (WW Pressure Swing Absorption System Upgrades) as follows:

A Bond Resolution, dated September 21, 2009,  of the Town Board of the town of grand Island, Erie County, New York (the “Town”), authorizing the increase and improvement of facilities of the consolidated sewer district at a maximum estimated cost not to exceed $225,000, and authorizing the issuance of serial bonds in an aggregate principal amount not to exceed $225,000 of the town, pursuant to the Local Finance Law and to finance said purpose, said amount to be offset by any federal, state, county and/or local funds received, and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor:

 

WHEREAS, the Town Board of the Town of Grand Island, Erie County, New York (the “Town”), has determined to proceed with the Increase and Improvement of Facilities of the Consolidated Sewer District (the “Improvement Project”); and

 

WHEREAS, the Town Board desires to undertake the construction of the Improvement Project including, but not limited to, the replacement of the pressure swing absorption (PSA) system at the wastewater treatment plant, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (collectively, the “Improvement”).

 

WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the Improvement.

 

BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

SECTION 1.  The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the Increase and Improvement of facilities of the Consolidated Sewer District (the “District”) in the Town of Grand Island.  The maximum estimated cost of said purpose will not exceed $225,000.

 

SECTION 2.  The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $225,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds.  The cost of such improvement is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds as the same become due and payable, except as provided by law.

 

SECTION 3.  It is hereby determined that said purpose is an object or purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty years.

 

SECTION 4.  Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

 

SECTION 6.  The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds as the same become due and payable, except as provided by law.  Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

 

SECTION 8.  The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10.  The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

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

 

SECTION 12.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

(1)            (a)            Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

(b)            if the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

(2)            Said obligations are authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13.  This Resolution is effective immediately.

 

SECTION 14.  The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said Town and designated as the official newspaper of said Town for such publication.

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

         Noes    0

 

Bond Resolution - $130,000 Increase and Improvements of Facilities for the Town Consolidated Sewer District – (WW Plant Improvements – Acquisition of Equipment, Machinery and Apparatus)

A Public Hearing was held on Monday, September 21, 2009 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to a Bond Resolution in the amount of $130,000 for the increase and improvements of facilities for the Town Consolidated Sewer District – (WW Plant Improvements – Acquisition of Equipment, Machinery and Apparatus).

 

       Speakers in Favor:                      None

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

 

 

Approve the Increase and Improvement of Facilities of the Consolidated Sewer District

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution to approve the increase and improvement of facilities of the Consolidated Sewer District– (WW Plant Improvements – Acquisition of Equipment, Machinery and Apparatus)

WHEREAS, the Town Board of the Town of Grand Island (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York on behalf of the Town of Grand Island Consolidated Sewer District (the “District”), in the Town, has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a map, plan & report for improvements to the District’s sewer system including, but not limited to, the acquisition of equipment, machinery and apparatus for the District, all of the forgoing to include all necessary site work, additional equipment, additional apparatus and other improvements and costs incidental thereto, (collectively, the “District Improvement”); and pursuant to the direction of the Town the Engineer has completed and filed with the Town Board such map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be a maximum amount of $130,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $130,000, offset by any federal, state, county and/or local funds; and

 

WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board found that no substantial adverse environmental impact will be caused thereby; and

 

WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, which has been filed in the office of the Town Clerk.

 

WHEREAS, the Town Board issued an Order at its September 8, 2009 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on September 21, 2009 at 8:00 o’clock P.M. (prevailing time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law, and further ordered the Town Clerk to publish at least once in a newspaper designated as an official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing; and

 

WHEREAS, said notices of the public hearing were properly published and posted and the public hearing duly held at the time and place stated in the notices.

 

NOW THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, based on the information provided at the public hearing, as follows:

 

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of $130,000; and it is hereby

 

DETERMINED, that the parcels and lots of the District shall be benefited by said increase and improvement of the facilities of the District; and it is hereby

 

DETERMINED, that all parcels and lots benefited by said increase and improvement of the facilities are included in the District; and it is hereby

 

ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of the facilities, and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible, and it is hereby

 

FURTHER ORDERED, that the expense of said increase and improvement of the facilities shall be financed by the issuance of serial bonds of the Town in an amount not to exceed $130,000, said amount to be offset by any federal, state, county and/or local funds, and the costs of said increase and improvement of facilities shall be annually apportioned among the District by the Town Board, and the amounts so apportioned shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law, and it is hereby

 

FURTHER ORDERED, that within ten (10) days after adoption of this Resolution and Order, the Town Clerk shall record with the Clerk of the County of Erie a copy of this Resolution and Order, certified by said Town Clerk.

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

         Noes    0

 

Approve Bond Resolution –  $130,000 Increase and Improvements of Facilities for the Town Consolidated Sewer District – (WW Plant Improvements – Acquisition of Equipment, Machinery and Apparatus

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the Bond Resolution for $130,000 Increase and Improvements of Facilities for the Town Consolidated Sewer District – (WW Plant Improvements – Acquisition of Equipment, Machinery and Apparatus as follows:

A Bond Resolution, dated September 21, 2009,  of the Town Board of the town of grand Island, Erie County, New York (the “Town”), authorizing the increase and improvement of facilities of the consolidated sewer district at a maximum estimated cost not to exceed $130,000, and authorizing the issuance of serial bonds in an aggregate principal amount not to exceed $130,000 of the town, pursuant to the Local Finance Law and to finance said purpose, said amount to be offset by any federal, state, county and/or local funds received, and delegating the power to issue bond anticipation notes in anticipation of the sale of such bonds to the Town Supervisor:

 

WHEREAS, the Town Board of the Town of Grand Island, Erie County, New York (the “Town”), has determined to proceed with the Increase and Improvement of Facilities of the Consolidated Sewer District (the “Improvement Project”); and

 

WHEREAS, the Town Board desires to undertake the construction of the Improvement Project including, but not limited to, the acquisition of equipment, machinery and apparatus for the District, all of the forgoing to include all necessary site work, additional equipment, additional apparatus and other improvements and costs incidental thereto (collectively, the “Improvement”).

 

WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the Improvement.

 

BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

 

SECTION 1.  The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the Increase and Improvement of facilities of the Consolidated Sewer District (the “District”) in the Town of Grand Island.  The maximum estimated cost of said purpose will not exceed $130,000.

 

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 $130,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds.  The cost of such improvement is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds as the same become due and payable, except as provided by law.

 

SECTION 3.  It is hereby determined that said purpose is an object or purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty years.

 

SECTION 4.  Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

 

SECTION 6.  The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds as the same become due and payable, except as provided by law.  Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

 

SECTION 8.  The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9.  The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10.  The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

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

 

SECTION 12.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

(1)            (a)            Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

(b)             if the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

(2)            Said obligations are authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13.  This Resolution is effective immediately.

 

SECTION 14.  The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said Town and designated as the official newspaper of said Town for such publication.

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

         Noes    0

 

APPROVAL OF MINUTES:

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #53, September 8, 2009 and Minutes of Regular Meeting #16, September 8, 2009.

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

         Noes    0

 

CONSENT AGENDA:

1.    Meeting Minutes – Board of Architectural Review – August 18, 2009

2.    County of Erie, County Executive – 2008 STOP-DWI – Memorandum of Understanding

3.    Time Warner Cable – Changes in Services

4.    Meeting Minutes – Planning Board – August 10, 2009

5.    New York State Department of Environmental Conservation, Department of Environmental Permits – SEQR Lead Agency Designations – Gleave  Subdivision, Bedell Road

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

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

         Noes    0

 

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

2010 Community Development Block Grant – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a Public Hearing for Monday, October 5, 2009 at 8:00p.m. for the purpose of hearing anyone who wishes to suggest a project for 2010 Community Development Block Grant Funds.

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

         Noes    0

 

Reappointment – Board of Assessment Review

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to reappoint Paul Klock to the Board of Assessment Review for a new term expiring September 30, 2014.

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

         Noes    0

 

Authorize Supervisor to Advertise – Vacancy – Planning Board

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept with regret the resignation of Sarah Cashimere from the Planning Board and to send a letter of appreciation to Ms. Cashimere.

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

         Noes    0

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Supervisor to advertise for vacancies on any advisory boards.

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

         Noes    0

 

Authorize Supervisor to Renew – Town’s Insurance

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to authorize the Supervisor to renew the Town’s insurance policy for twelve months beginning October 1, 2009 at an annual cost of $129,392.00.

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

         Noes    0

 

Authorize Supervisor to Submit PO-17 – 2nd Part-time Zoning Officer

A motion was made by Councilman Crawford, seconded by Councilman Roesch to authorize the Supervisor to submit a PO-17 to create 2nd Part-time Zoning Officer.

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

         Noes    0

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Colonial/Driftwood Park Bridge Reconstruction – M-188, Change Order #1

Ackerman Plumbing has submitted Change Order #1 for the Colonial/Driftwood Park Bridge Reconstruction – M-188 for an additional $3,201.36 for the labor and equipment to install a catch basin and 35’ of pipe supplied by the Town of Grand Island.  The additional funds are available in the original bond authorization.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Town Engineer and approve Change Order #1 for the Colonial/Driftwood Park Bridge Reconstruction – M-188 in the amount of $3,201.36.

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

         Noes    0

 

Authorize Supervisor to Renew HVAC Preventive Maintenance Contract – Library & Parks Building

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Town Engineer and authorize the Supervisor to sign the Maintenance Contract with M.J. Mechanical for HVAC maintenance at the Library and Parks Building in an amount of $2,150.00.

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

         Noes    0

 

Request Supervisor to Submit PO-17s– Engineering Aide Position(s)

A motion was made by Councilwoman Argy, seconded by Councilwoman Cooke to authorize the Supervisor to submit a PO-17 for the creation of an Engineering Aide – Part Time and Engineering Aide – Part Time Seasonal.

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

         Noes    0

 

Change Order No. 1 – 2008-2009 Drainage Improvement Project – Job No. D-37

Change Order #1 added a drainage extension within a Town of Grand Island Drainage easement along the East side of 2761 Bedell Road (Hugill Storage).

This will be added to the contract for the existing drainage job (D-37) therefore, we are asking to add to the contract with LDC Construction in the amount of $2,995.84 for additional work as follows:

Return 18” pipe & exchange for 24” (Vellano Bros.)             $   200.00

Additional load of #1 stone                                                             $   370.84

Original quote for 18”                                                             $2,425.00

This will result in a net increase of the contract in the amount of $ 2,995.84

A motion was made by Councilman Roesch, seconded by Councilwoman Argy to accept the recommendation of the Town Engineer and approve Change Order #1 for the 2008-2009 Drainage Improvement Project – Job No. D-37 in the amount of $2,995.84.

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

         Noes    0

 

PLANNING BOARD:

Country Club Cottages – Phase 1 – Conditional Approval of the Preliminary Plat

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer Country Club Cottages – Phase 1 – Conditional Approval of the Preliminary Plat to the Town Engineer for review and recommendation.

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

         Noes    0

 

Island Meadows – Section 3A – 14 Lots – Final Plat Approval

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer Island Meadows – Section 3A – 14 Lots – Final Plat Approval to the Town Engineer for review and recommendation.

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

         Noes    0

 

Gleave Subdivision – Bedell Road – Preliminary Plat

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to refer Gleave Subdivision – Bedell Road – Preliminary Plat to the Town Board for review and recommendation.

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

         Noes    0

 

Philip Rotella, Grand Island Boulevard – Exception to Subdivision Regulations

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and waive the subdivision requirements to subdivide a single lot at 2920 Grand Island Blvd into two lots subject to the condition that the greenhouse is relocated or removed so that both lots are brought into a conforming condition.

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

         Noes    0

 

Fuccillo Toyota, Alvin Road – Revised Site Plan

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the recommendation of the Planning Board and approve the revised Site Plan for Fuccillo Toyota 1974 Alvin Road.

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

         Noes    0

 

Cheryl Sue Loree, 4638 East River Road – Permit Under the Environmental Conservation Law

The applicant has a project plan prepared by the U.S. Army Corp of Engineers and the DEC to regrade property opposite the house on the riverside.

A motion was made by Councilman Crawford, seconded by Councilwoman Argy to accept the recommendation of the Planning Board and waive the requirements for a professional engineer to prepare a new Site Plan at 4638 East River Road.

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

         Noes    0

 

UNFINISHED BUSINESS: 

Metzger Civil Engineering, PLLC – Merge Lots – SBL #38.11-2-9 and a Portion of 38.11-2-6.11 – 0.08  Acre Parcel

Remains Tabled.

 

REPORT OF THE AUDIT COMMITTEE:

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

Vouchers #95434 – 95582

General   $  64,536.13 

Highway   $  48,033.57

Sewer   $  41,924.82 

Water   $    4,070.28

 Capital                  $  23,600.84

Garbage                  $100,969.04

   Total                  $283,134.68

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

         Noes    0

 

PUBLIC COMMENTS:

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

              

       Speakers:             None

 

FROM THE TOWN BOARD: 

Councilwoman Cooke:  Marion Klingel plaque has been placed in the Town Lobby; October 3rd – Dollars for Scholars Run – Veterans Park

Councilman Roesch: September 26th – CROP Walk – Kaegebein School – 1:00p.m.; Audit of Town invoices, Bond Resolutions

Supervisor McMahon: September 26th – Electronics Recycling – ECC South

 

ADJOURNMENT:

A motion was made by Councilwoman Cooke, seconded by Councilwoman  to adjourn the meeting at  8:49p.m.

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

         Noes    0

 

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


Vivian Bryans

Charles Sperrazza III

James Rogers

Betty Barrett

Mary Jane Masocco

   Dr. Raymond Kot, Sr.


Respectfully submitted,

 

 

  Patricia A. Frentzel

  Town Clerk