Town Board Meeting Minutes

5/21/07

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 May 2007.

 

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

 

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

Supervisor Peter McMahon gave the Invocation. 

Councilman Richard Crawford led the Pledge of Allegiance. 

 

PROCLAMATIONS:

VFW Buddy Poppy Days – May 24, 25, 26th

Safe Boaters Week – June 4th

Retirement of Chris Affuso – US Navy

 

PUBLIC COMMENTS:

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

 

Speakers:            Nan Hoffman Re:  Waterford Park Subdivision             

PUBLIC HEARING:

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

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

      

       Speakers in Favor:                      None

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt the Resolution and Order After Public Hearing relating to the Increase and Improvement of Facilities of the Consolidated Sewer District at Sewage Pumping Station No. 9 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 (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 for the District’s sanitary sewer system, 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 Improvements”); 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, state, county and/or local grants; 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 May 7, 2007 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on May 21, 2007 at 8:00 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 $400,000; 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 $400,000, 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 Roesch, seconded by Councilwoman Argy to adopt the Bond Resolution for Improvements of Consolidated Sewer District at Sewage Pumping Station No. 9 as follows:

          A BOND RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED MAY 21, 2007, AUTHORIZING THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE CONSOLIDATED SEWER DISTRICT AT A MAXIMUM AMOUNT NOT TO EXCEED $400,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $400,000, 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 (the “Improvement Project”); and

WHEREAS, the Town Board desires to undertake the construction of the Improvement Project, 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 preliminary costs 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.

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 cost of said purpose will not exceed $400,000. 

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 $400,000 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 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.  There shall be 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.

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 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11.  The Town Board has determined that this project is a Type II action under the State Environmental Quality Review Act (“SEQRA”) regulations and no further SEQRA review is required.

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

 

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

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

      

       Speakers in Favor:                      None

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the Resolution and Order After Public Hearing relating to the Increase and Improvement of Facilities of Consolidated Sewer District at the Wastewater Treatment Plant 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 (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 for the District’s sanitary sewer system, 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 preliminary costs and costs incidental thereto, (the “District Improvements”); 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, state, county and/or local grants; 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 May 7, 2007 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on May 21, 2007 at 8:00 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 $870,000; 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 $870,000, 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 Councilwoman Cooke, seconded by Councilman Crawford to adopt the Bond Resolution for Improvements of Consolidated Sewer District at the Wastewater Treatment Plant as follows:

A BOND RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED MAY 21, 2007, AUTHORIZING THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE CONSOLIDATED SEWER DISTRICT AT A MAXIMUM AMOUNT NOT TO EXCEED $870,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $870,000, 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 (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 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 preliminary costs 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.

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 cost of said purpose will not exceed $870,000.

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 $870,000 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 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.  There shall be 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.

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 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. Town Board has determined that this project is a Type II action under the State Environmental Quality Review Act (“SEQRA”) regulations and no further SEQRA review 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)   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

 

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

Station 3)

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 $175,000 Improvements of Consolidated Sewer District (Replacement of Pump Station 3).

      

       Speakers in Favor:                      None

       Speakers in Opposition:            None

 

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilman Roesch to approve the Resolution and Order after Public Hearing relating to the Increase and Improvement of Facilities of Consolidated Sewer District, Pump Station No. 3 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 (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 for the District’s sanitary sewer system, 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 preliminary costs and costs incidental thereto, (the “District Improvements”); 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, state, county and/or local grants; 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 May 7, 2007 meeting calling for a public hearing to be held at the Town Hall, Grand Island, New York, on May 21, 2007 at 8:00 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 $175,000; 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 $175,000, 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 Councilwoman Cooke, seconded by Councilwoman Argy to adopt the Bond Resolution for Improvements of Consolidated Sewer District, Pump Station No. 3 as follows:

A BOND RESOLUTION OF THE TOWN OF GRAND ISLAND TOWN BOARD DATED MAY 21, 2007, AUTHORIZING THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE CONSOLIDATED SEWER DISTRICT AT A MAXIMUM AMOUNT NOT TO EXCEED $175,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $175,000, 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 (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 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 preliminary costs 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.

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 cost of said purpose will not exceed $175,000.

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 $175,000 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 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.  There shall be 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.

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 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. Town Board has determined that this project is a Type II action under the State Environmental Quality Review Act (“SEQRA”) regulations and no further SEQRA review 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) 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 Cooke, seconded by Councilman Roesch to approve Minutes of Workshop Meeting #27, May 2, 2007, Minutes of Workshop Meeting #28, May 7, 2007, Minutes of Regular Meeting #8, May 7, 2007, and Minutes of Workshop Meeting #29, May 10, 2007.

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

Noes            0

 

CONSENT AGENDA:

1. Recycling Day for Computers & Textiles – June 2, 2007

2. New York State Office of Real Property Services – Residential Assessment Ratio for Administrative and Small Claims Assessment Review Proceedings On the 2007 Assessment Roll

3. Meeting Minutes – Board of Architectural Review – April 10, 2007

4. Town of Elma – Proclamation – May 2007, Motorcycle Safety and Awareness Month

5. Meeting Minutes – GIFTS Executive Team – April 17, 2007

6. State of New York, Department of State – International Code Council (ICC)

7. Meeting Minutes – Zoning Board of Appeals – April 5, 2007

8. Meeting Minutes – Town of Grand Island Safety Committee – April 5, 2007

9. State of New York, Legislature of Erie County – Resolution – Framework  for Regional Growth

10.  Meeting Minutes – Planning Board – April 9, 2007

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

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

Noes            0

 

COMMUNICATIONS – TOWN BOARD:

SUPERVISOR McMAHON:

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

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to set a Public Hearing for Monday, June 4, 2007 at 8:00p.m. for the purpose of hearing anyone who wishes to comment on the Grand Island Design and Performance Standards and a Local Law to consider modifications to the Town Code consistent with the Performance Standards.

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

Noes            0

 

 

COUNCILMAN GARY G. ROESCH:

Approve Town Safety Manual

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to table the approval of the Town Safety Manual.

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

Noes            0

 

 

COMMUNICATIONS – OTHER TOWN OFFICIALS:

TOWN CLERK – PATRICIA A. FRENTZEL:

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 Councilwoman Cooke, seconded by Councilman Roesch to approve the use of Town Common and the closing of Whitehaven Road from Baseline Road to Grand Island Boulevard, Saturday, June 30, 2007 for the Grand Island Chamber of Commerce – Island Happenings/Kid Biz Sale.

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

Noes            0

 

HIGHWAY SUPERINTENDENT – RAYMOND DLUGOKINSKI:

Summer Help Hire

Superintendent Raymond Dlugokinski informed the Town Board he has hired Nicholas R. Velocci as summer help effective May 14, 2007 at a rate of $8.25/hr.

For information only.  No action by the Town Board.

 

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Hire Summer Helpers – Water and Wastewater Departments

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the recommendation of the Town Engineer and approve the hiring of Colin Gallagher and Michael Dlugokinski as Seasonal Full-time Summer help in the Water Department and Jamie Holka in the Wastewater Department effective May 22, 2007 at a rate of $8.00/hr.

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

Noes            0

 

Grand Island Boulevard Sanitary Sewers – Extension of Time for Reduced Sewer Tap In Fees – Job No. M-22-04

Due to circumstances beyond the control of the properties scheduled to tie in, unexpected delays with the record drawings prevented issuing permits for the connection to the sewer.  The situation has been resolved.  The Town Engineer has requested the time period for the reduced fees to be extended to August 31, 2007.

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to accept the recommendation of the Town Engineer and extend the time for reduced sewer tap in fees to August 31, 2007.

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

Noes            0

 

Public Improvement Permit – Fuccillo Chevrolet

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to authorize the Town Engineer to issue a Public Improvement Permit to Fuccillo Chevrolet for the waterline extension (2300 l.f. of 12” waterline) on Alvin Road subject to payment of fees.

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

Noes            0

 

Set Public Hearing - $232,000 Improvements of Consolidated Sewer District (Emergency Power Generators)

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a Public Hearing for Monday, June 4, 2007 at 8:00p.m. for the purpose of hearing anyone who wanted to make comments in favor or in opposition to the proposed $232,000 for improvements of the Consolidated Sewer District for emergency power generators.

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

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 Bond Resolution for a portion of the costs of a new “Vactor” truck as follows:

A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND (THE “TOWN”) ADOPTED MAY 21, 2007 AUTHORIZING THE ACQUISITION OF A NEW VACTOR TRUCK, IN AN AMOUNT NOT TO EXCEED $275,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $137,500 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 $275,000.

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 $137,500 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, offset by any federal, state, county and/or local grants received.

SECTION 3.  It is hereby determined that the Purpose is an object or purpose described in subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 15 years.

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

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

SECTION 6.  The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

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

SECTION 8.  The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of this resolution.  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.

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

SECTION 10.  The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11.  The Town has determined that the Purpose will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQR”) is required.

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

1.            (a)            such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or

                        (b)            if the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with

and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication of this notice, or

            2.            such obligations were authorized in violation of the provisions of the Constitution of New York.

SECTION 13. This resolution is subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law. The Town Clerk is hereby authorized and directed to publish (one time) and post on the sign-board of the Town, this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten (10) days after the date of adoption of this resolution.

SECTION 14. If no petitions are filed in the referendum period, the Town Clerk is hereby authorized to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.

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

Noes            0

 

Bond Resolution – Improvements – Ransom Road

A motion was made by Councilwoman Cooke, seconded by Councilwoman Argy to adopt the Bond Resolution for improvements/reconstruction of Town Roads as follows:

A BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND ADOPTED MAY 21, 2007, AUTHORIZING THE RECONSTRUCTION OF TOWN ROADS, INCLUDING BUT NOT LIMITED TO, RANSOM ROAD FROM STURBRIDGE ROAD TO EAST RIVER ROAD AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH IN THE TOWN, IN AN AMOUNT NOT TO EXCEED $425,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $425,000 OF THE TOWN OF GRAND ISLAND, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED 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 autho