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 15th of May 2006.

 

Present:                      Peter A. McMahon                   Supervisor

Richard W. Crawford              Councilman

Mary S. Cooke                        Councilwoman

Gary G. Roesch                      Councilman

Susan J. Argy                          Councilwoman

Patricia A. Frentzel                 Town Clerk

Peter C. Godfrey                     Town Attorney

 

Also Present:              John Whitney                          Town Engineer           

 

Rev. Earle King from St. Martin in the Field Church gave the Invocation. 

Councilwoman Susan Argy led the Pledge of Allegiance. 

Supervisor McMahon called the meeting to order at 8:00PM.

 

PROCLAMATIONS:

VFW Poppy Days – May 25-26th, 2006

Get Active America Week – May 15TH – May 21, 2006

Jordan Stickl – Accomplishments in Swimming and Diving

Ian O’Rourke – Accomplishments in Diving

Tim Fargino – Accomplishments in Track Events

John Connors – Accomplishments in Track Events

 

PRIVILEGE OF THE FLOOR:

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

Residents who spoke:                                    None

 

APPROVAL OF MINUTES:

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

approve Minutes of Regular Meeting #8, May 1, 2006, Minutes of Workshop Meeting #22, May 1, 2006, Minutes of Workshop Meeting#23, May 2, 2006, Minutes of Workshop Meeting #24, May 10, 2006.

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

                        Noes    0

 

PUBLIC HEARING:

Improvements of Consolidated Sewer District and Sanitary Sewer District No. 5 

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor of or in opposition of the proposed increase and improvement of facilities of the consolidated sewer district and sanitary sewer district No.5.

 

Residents who spoke in Favor:          None

 

Residents in Opposition:                    None

 

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the resolution adopting the proposed increase and improvement of facilities of the consolidated sewer district and sanitary sewer district No.5. as follows:

            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 and Sanitary Sewer District No. 5 (the “District”), in the Town, has directed the Town of Grand Island Engineering Department, competent engineers licensed in New York, to prepare a revised map, plan & report for improvements for the District’s sanitary sewer system, including, but not limited to: 550LF of 10” Gravity SDR Sanitary Sewer, 5550LF of 8” Gravity SDR Sanitary Sewer, 1600 feet of force main, 22 manholes, a 700GPM pump station and upgrades to pump station no. 17, 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 revised 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 $1,135,625; said cost to be financed by the issuance of  serial bonds of the Town in the amount of $1,135,625, offset by any federal, state, county and/or local grants; and

WHEREAS, the project cost has increased from $800,000 to $1,135,625 due to an increase in construction costs.

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 May 1, 2006 meeting calling for a further public hearing to be held at the Town Hall, Grand Island, New York, on May 15, 2006 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 increased estimated maximum cost of $1,135,625; 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 $1,135,625, said amount to be offset by any federal, state, county and/or local grants, and the costs of said increase and improvement of facilities shall be annually apportioned among the District by the Town Board, and the amounts so apportioned shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law, and it is hereby

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

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

                        Noes    0

 

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adopt the resolution amending the original Bond Resolution adopted April 4, 2005 as follows:

A RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED May 15, 2006, AMENDING THE BOND RESOLUTION ADOPTED ON APRIL 4, 2005 AND AUTHORIZING THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE CONSOLIDATED SEWER DISTRICT AND SANITARY SEWER DISTRICT NO. 5 AT A MAXIMUM AMOUNT NOT TO EXCEED $1,135,625, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,135,625, OFFSET BY ANY FUNDS RECEIVED FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK, THE COUNTY OF ERIE, AND/OR LOCAL GRANTS 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.

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 and Sanitary Sewer District No. 5 (the “Improvement Project”); and

WHEREAS, the Town Board desires to undertake the construction of the Improvement Project, including, but not limited to: 550LF of 10” Gravity SDR Sanitary Sewer, 5550LF of 8” Gravity SDR Sanitary Sewer, 1600 feet of force main, 22 manholes, a 700GPM pump station and upgrades to pump station no. 17, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto, (the “District Improvement”).

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

WHEREAS, the Town Board desires to adopt this amending bond resolution to restate and clarify a certain bond resolution adopted on April 4, 2005 for said project and authorized the financing thereof,

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 and Sanitary Sewer District No. 5 (the “District”) in the Town of Grand Island.  The maximum cost of said purpose will not exceed $1,135,625.

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 $1,135,625 of said 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 grants.  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