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.
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
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
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
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
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