Minutes August 2, 2010
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 2nd of August, 2010.
Present:
Peter A. McMahon
Supervisor
Mary
S. Cooke
Councilwoman
Richard
W. Crawford
Councilman
Gary
G. Roesch
Councilman
Raymond
A. Billica
Councilman
Patricia
A. Frentzel
Town Clerk
Daniel
Spitzer
Town Attorney
Supervisor McMahon
called the meeting to order at 8:00p.m.
Reverend
Earle King from St. Martin-In-The-Fields Episcopal Church gave the Invocation.
Councilman Raymond Billica led the Pledge of
Allegiance.
This is an
opportunity for residents to comment on any matter regarding the meeting
agenda items only.
Speakers:
None
PUBLIC
HEARING:
Block
Party – Pamela Bartlo – Forest Creek, Bonnywoods Crossing, Park Place –
Saturday, August 28, 2010 – Set Public Hearing
A
public hearing was held at 8:00 P.M. for the purpose of hearing anyone who
wanted to speak in favor of or in opposition to temporarily close a portion of
Park Place between #106 and #132 for a block party on Saturday, August 28,
2010.
Speakers in Favor:
None
Speakers in Opposition:
None
Supervisor
McMahon declared the Public Hearing closed.
A
motion was made by Councilman Roesch, seconded by Councilman Billica to
approve the request to temporarily close a portion of Park Place between #106
and #132 for a block party on Saturday, August 28, 2010 from 1:30 to 8:00p.m.
except for emergency vehicles.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
approve Minutes of Workshop Meeting #48, July 16, 2010, Minutes of Workshop
Meeting #49, July 19, 2010, Minutes of Regular Meeting #13, July 19, 2010 and Minutes of Workshop Meeting
#50, July 22, 2010.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
1.
County of Erie, Department of Environment and Planning – Public
Review of Draft 2009 Erie County Consolidated Annual Performance Report
(CAPER)
2.
Meeting Minutes – Board of Architectural Review – June 15, 2010
3.
Meeting Minutes – Traffic Safety Advisory Board – July 13, 2010
4.
Meeting Minutes – Grand Island Memorial Library Board of Trustees –
April 15, 2010 and June 1, 2010
5.
New York Power Authority – Little Beaver Island Habitat Improvement
Project
6.
Paddles Up Niagara 2010
7.
Meeting Minutes – Long Range
Planning Committee – June 23, 2010
A
motion was made by Councilwoman Cooke, seconded by Councilman Billica to
approve the consent agenda as distributed.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
COMMUNICATIONS
–TOWN BOARD:
SUPERVISOR
McMAHON:
Monthly
Supervisor’s Report – June 2010
The
Supervisor reported a cash balance of $516,544 on June 1, 2010
Total
Receipts of $1,296,977
Total
Disbursements of $1,344,860
Operating
A/C Interest $56
Operating
A/C Balance $468,718
Investment
Interest $3,470
Investment
Balance $8,747,787
Total
Cash Balance as of June 30, 2010 $9,216,505
No action required by Town Board.
Adopt
Resolution Authorizing Search for Funding – Generic SEQR
A
motion was made by Councilman Crawford, seconded by Councilman Roesch in
support of efforts to find outside funding to cover the cost associated with
the completion of a Generic SEQR for all undeveloped property in a Business or
Manufacturing zone except Hamlet zones.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
Energy
Conservation Plans – Police Substation
The
landlord for the EC Sheriff’s Department substation and the GIPD office
wishes to complete some energy saving changes to the lighting in our portion
of the building. 70% of the cost
will be covered by an Energy Conservation Program offered by National Grid.
The remainder of the cost will appear on the 2nd bill
following completion. The 30%
customer share is $503.56. Rockwood
will cover the customer share or $503.56 by reimbursing the Town when the
charge appears. This is necessary
because the bill is in the Town’s name.
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
authorize the Supervisor to sign the contract with National Grid authorizing
the work
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
Appointment
– Assessor
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
table the appointment of an Assessor.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
Local
Law Intro #2 of 2009 – Rezoning of Business Districts – Set Public Hearing
A
motion was made by Councilman Roesch, seconded by Councilman Crawford to table
setting a Public Hearing for Local Law Intro #2 of 2009 – Rezoning of
Business Districts.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
TOWN
ATTORNEY – PETER GODFREY:
Create
Lighting District #59 – Waterford Park Phase III – Set Public Hearing
A
motion was made by Councilwoman Cooke, seconded by Councilman Billica to adopt
the following resolution calling for a Public Hearing on Monday, August 16,
2010 at 8:00p.m. To consider creating Lighting District #59:
WHEREAS,
a petition has been filed with the Town Clerk, signed and acknowledged in the
manner required by law by a sufficient number of property owners, together
with a map, plan and report for the creation of the Waterford Park Phase III
Lighting District No. 59; and
WHEREAS, the boundaries of the proposed district are as set forth as
follows:
All that
tract or parcel of land situate in the town of Grand Island, County of Erie,
State of New York, being part of Lot 17 of the Holland Land Company’s Survey
and being more particularly described as follows:
Beginning at a point in the south line of Waterford Park, at the
northwest corner of Sublet No. 10 of Map cover No. n3402/001 as filed in the
Erie County Clerks Office; thence westerly along the said south line of
Waterford Park, a distance of 482.10 feet to a point; thence southerly at
right angles to the previously described line, a distance of 160.00 feet to a
point; thence westerly at right angles to the previously described line, a
distance of 640.00 feet to a point; thence southerly at right angles to the
previously described line, a distance of 160.00 feet to a point; thence
westerly at right angles to the previously described line, a distance of 10.04
feet to a point; thence southerly at right angles to the previously described
line, a distance of 233.87 feet to a point; thence easterly at an angle of 89º58’56”
in the northeast quadrant, a distance of 831.89 feet to a point; thence
northerly at an angle of 100º45’55” in the northwest quadrant, a distance
of 203.56 feet to a point; thence easterly at an angle of 100º43’55” in
the southeast quadrant, a distance of 263.16 feet to a point; thence northerly
at an angle of 89º53’44” in the northwest quadrant, a distance of 353.52
feet to the point or place of beginning, containing 10.70 acres more or less.
WHEREAS, the improvements proposed consist of an electric
street lighting system serving said Waterford Park Phase III; and
WHEREAS, the estimated annual expense of supplying of said
electrical street lighting is $1,583.50, with an expected annual cost to the
typical property in the proposed District (which typical property is a single
family home) of $68.85, which said expense shall be levied and collected from
the several lots and parcels of land within said Lighting District.
NOW, THEREFORE, be it ORDERED, that a meeting of the Town
Board of the Town of Grand Island will be held at the Town Hall, 2255 Baseline
Road, Grand Island, New York, on August 16, 2010 at 8:00 p.m. on said day, to
consider creation of said district including the environmental significance
thereof and to hear all persons interested in the subject thereof, concerning
the same, and for such other and further action on the part of said Town
Board, with relation to the premises; and
BE IT FURTHER ORDERED, that the map, plan and report referred
to herein, including the explanation of how the cost to the typical property
was determined, may be reviewed at the office of the Town Clerk, 2255 Baseline
Road, Grand Island, New York, during normal business hours; and
BE
IT FURTHER ORDERED, that the Town Clerk shall publish a copy of this Order at
least once in the official
newspaper of the Town, the first publication of which is to be not less than
ten nor more than twenty days before the date set herein for the public
hearing, and shall also cause a copy of this Order to be posted on the
sign-board of the Town maintained pursuant to Town Law §30(6), not less than
ten nor more than twenty days before the date set herein for the public
hearing; and
BE
IT FURTHER ORDERED, that the Town Clerk shall file a certified copy of this
Order with the Office of the State Comptroller, on or about the date of
publication of this Order.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
Bond
Resolution – Reconstruction of and Construction of Improvements to Various
Town Roads
A.
Town Engineer – Proposed 2010 Highway Resurfacing Program
A
motion was made by Councilwoman Cooke, seconded by Councilman Crawford to
approve the following Bond Resolution in an amount not to exceed $500,000 for
the construction and reconstruction of improvements to various Town roads:
A BOND RESOLUTION, DATED AUGUST 2, 2010,
OF THE TOWN BOARD OF THE TOWN OF GRAND ISLAND, ERIE COUNTY, NEW YORK (THE
“TOWN”) AUTHORIZING THE Reconstruction
of and construction of IMPROVEMENTS TO various roads within the Town, AT
AN ESTIMATED MAXIMUM COST OF $500,000 AND AUTHORIZING THE ISSUANCE OF SERIAL
BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $500,000 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 FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND
ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
WHEREAS,
the Town Board of the Town of Grand Island, in the County of Erie, New York
(the “Town”) desires to undertake an improvements project for the
reconstruction of and construction of improvements to various roads within the
Town including,
but not limited to, Woodstream Drive, Woodstream Court, Pleasant Trail, White
Tail Run, White Tail Circle, Cardinal Lane, Island Park, Veterans Drive,
Broadway, Elmwood, Cox, Orchard, Allenton, Tower wood and Bronson, and other
improvements in connection therewith,
and all preliminary work and necessary equipment, materials and related site
work and all preliminary costs and other improvements and costs incidental
thereto (collectively, the “Purpose”), as more specifically described in a
report prepared by the Engineering Department and on file at the office of the
Town Clerk.
NOW
THEREFORE, 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 reconstruction
of and construction of improvements to various roads within the Town and other
improvements in connection therewith, all preliminary work and necessary equipment, materials and
related site work and all preliminary costs and other improvements and costs
incidental thereto as more specifically described
in a report prepared by the Town of Grand Island Engineering Department and on
file in the office of the Town Clerk (collectively, the “Purpose”).
The estimated maximum cost of the Purpose is $500,000.
SECTION
2. The Town Board plans to finance the estimated maximum cost of
the Purpose by the issuance of serial bonds in an amount not to exceed
$500,000 of the Town, hereby authorized to be issued therefor pursuant to the
Local Finance Law, said amount to be offset by any federal, state, county
and/or local funds received. Unless
paid from other sources, there shall annually be levied on all the taxable
real property of the Town a tax sufficient to pay the principal of and
interest on such bonds or notes as the same become due and payable.
SECTION
3. It is hereby determined that the Purpose is an object or purpose
described in subdivision 20(a) of
paragraph (a) of Section 11.00 of the Local Finance Law, and that the
period of probable usefulness of the Purpose is five
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 not 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 (and any bond
anticipation notes issued in anticipation of the sale of 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 or notes becoming due and payable
in such year. Unless paid from
other sources, there shall annually be levied on all the taxable real property
of the Town a tax sufficient to pay the principal of and interest on such
bonds or notes as the same become due and payable.
SECTION
7. Subject to the provisions of this resolution and of the Local
Finance Law, pursuant to the provisions of Section
30.00 relative to the authorization of the issuance of bond
anticipation notes or the renewals of said notes and of Section
21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00
of the Local Finance Law, the powers and duties of the Town Board pertaining
or incidental to the sale and issuance of the obligations herein authorized
including, but not limited to, authorizing bond anticipation notes and
prescribing the terms, form and contents and details as to the sale and
issuance of the bonds herein authorized and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said notes, are
hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.
SECTION
8. The temporary use of available funds of the Town, not
immediately required for the purpose or purposes for which the same were
borrowed, raised or otherwise created, is hereby authorized pursuant to
Section 165.10 of the Local Finance Law, for the purpose or purposes described
in Section 1 of this resolution. The
Town then reasonably expects to reimburse any such expenditures (to the extent
made after the date hereof or within 60 days prior to the date hereof) with
the proceeds of the bonds authorized by Section 2 of this resolution (or with
the proceeds of any bond anticipation notes issued in anticipation of the sale
of such bonds). This resolution
shall constitute the declaration of the Town’s “official intent” to
reimburse the expenditures authorized by Section 2 hereof with such bond or
note proceeds, as required by United States Treasury Regulations Section
1.150-2.
SECTION
9. The Town Supervisor is further authorized to take such actions
and execute such documents as may be necessary to ensure the continued status
of the interest on the bonds authorized by this resolution, and any notes
issued in anticipation thereof, as excludable from gross income for federal
income tax purposes pursuant to Section 103 of the Internal Revenue Code of
1986, as amended (the “Code”) and to designate the bonds authorized by
this resolution, and any notes issued in anticipation thereof as “qualified
tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.
SECTION
10. The Town Supervisor is further authorized to enter into a
continuing disclosure agreement with the initial purchaser of the bonds or
notes authorized by this resolution, containing provisions which are
satisfactory to such purchaser in compliance with the provisions of Rule
15c2-12, promulgated by the Securities and Exchange Commission pursuant to the
Securities Exchange Act of 1934.
SECTION
11. The Town has complied in every respect with all applicable
federal, state and local laws and regulations regarding environmental matters,
including compliance with the New York State Environmental Quality Review Act
(“SEQRA”), comprising Article 8 of the Environmental Conservation Law and,
in connection therewith, duly issued a negative declaration and/or other
applicable documentation, and therefore, no further action under the State
Environmental Quality Review Act is necessary.
SECTION
12. The validity of said serial
bonds or of any bond anticipation notes issued in anticipation of the
sale of said serial bonds may be contested only if:
1.
(a)
such obligations were authorized for an object or purpose for which the
Town is not authorized to expend money, or
2.
such obligations were authorized in violation of the provisions of the
Constitution of New York.
SECTION
14. This resolution is effective immediately.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
DEPARTMENT
OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:
Award
Bid – Library Lighting Modifications
Town
Engineer John Whitney reported that on July 9, 2010 four (4) Requests for
Proposals were sent out for the modifications to the Library lighting.
Two (2) written quotations were received by the following:
CIR Electrical Construction Corporation
$25,700.00
O’Connell Electric Co., Inc.
$29,700.00
After
careful review of the bids, Mr. Whitney recommended the low bidder, CIR
Electrical Construction Corporation be awarded the bid for Library lighting
modifications in the amount of $25,700.00.
A
motion was made by Councilman Crawford, seconded by Councilman Billica to
authorize the Town
Engineer to award the bid to CIR Electrical Construction Corporation in the
amount of $25,700.00.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
Authorize
Supervisor to Sign Professional Services Agreement – Shared Maintenance
Facility Feasibility Study M-200
A
motion was made by Councilman Billica, seconded by Councilwoman Cooke to
authorize the Supervisor to sign the Professional Services Agreement with
Cannon Design in the amount of $28,046 for a feasibility study.
$25,000 of the cost will be reimbursed by the Local Government
Efficiency Grant Program.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
Whitehaven
Meadows – Preliminary Plat Approval – Set Public Hearing
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to set a
Public Hearing for Monday, August 16, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in
opposition to Whitehaven Meadows – Preliminary Plat Approval.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
ZONING
OFFICE:
Special
Use Permit Renewal – Patricia A. Burg, 3030 Stony Point Road – Keeping of
2 Agricultural Animals on 3.5 Acres
A
motion was made by Councilman Crawford, seconded by Councilwoman Cooke to
renew the Special Use Permit for Patricia A. Burg, 3030 Stony Point Road for
keeping of 2 agricultural animals on 3.5 acres.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
GOLDEN
AGE CENTER:
Golden
Age Center Cook
A
motion was made by Councilwoman Cooke, seconded by Councilman Roesch to
approve the status of Barbara Johnson from Part-time to Temporary Full-Time
Cook at the Golden Age Center until another employee returns from medical
leave.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
COMMUNICATIONS
– GENERAL:
Resignation
– Zoning Board of Appeals
A
motion was made by Councilman Crawford, seconded by Councilman Roesch to
accept with regret the resignation of Dario Violanti from the Zoning Board of
Appeals effective August 6, 2010. A
certificate of appreciation will be sent to Mr. Violanti.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
SUSPENSION
OF RULES:
Resolution
Approving the Release from the Restrictive Covenants From Parcels –
11.00-1-1.2 and 11.00-1-3 (Metz Building, Long Road)
A
motion was made by Councilman Roesch, seconded by Councilwoman Cooke to
Suspend the Rules to consider adopting a resolution approving the release from
the Restrictive Covenants from Parcels – 11.00-1-1.2 and 11.00-1-3 (Metz
Building, Long Road)
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
A motion
was made by Councilman Roesch, seconded by Councilman Crawford to adopt the
following resolution approving the release from the Restrictive Covenants
contained in the deed recorded in liber 10952 of deeds, page 5263, for certain
parcels lying and being in the town of grand island, county of Erie and state
of New York and having the tax account nos. of 11.00-1-1.2
and 11.00-1-3:
WHEREAS, JSJ
is the owner of certain parcels lying and being in the Town of Grand Island,
County of Erie and State of New York and having the tax account nos. of
11.00-1-1.2 and 11.00-1-3
(hereinafter “the Parcels”), which Parcels are
burdened by certain restrictive covenants imposed in a deed from General
Electric Pension Trust to Better Senior Living Corporation dated May 24, 1999
and recorded June 8, 1999 in Liber 10952 of Deeds, page 5263 and which
covenants indicate the Parcels shall be operated as a not-for-profit senior
housing facility, not-for-profit senior housing facilities or for
not-for-profit senior services for the public good; and
WHEREAS, JSJ has requested the County of
Erie, Town of Grand Island and General Electric Pension Trust release JSJ from
said restriction; and
WHEREAS, the Town Board believes the future development of the JSJ
property is in the interest of the Town, and notes the Release does not
prevent its use as
a not-for-profit senior housing facility, not-for-profit senior housing
facilities or for not-for-profit senior services.
WHEREAS, this Resolution does not authorize any actual project or
physical change to the Parcels, and therefore is a Type II action within the
meaning of SEQRA.
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Grand
Island that:
1.
Authorizes the Release as requested by JSJ, and authorizes the
Supervisor and other Town officials to execute the Release, in the form
attached as Exhibit A and incorporated herein.
2.
This resolution is effective immediately.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
PUBLIC
COMMENTS:
This
is an opportunity for residents to comment on any matter regarding Town
government on any subject.
Speakers:
None
FROM
THE TOWN BOARD:
Councilwoman
Cooke:
Paddles Up; Battle of the Books – ECC South – Aug. 7th
Supervisor
McMahon: National Night Out –
Tuesday, August 3, 2010 – Town Common
Councilman Crawford: Library Lighting
Modifications
ADJOURNMENT:
A motion was made
by Councilwoman Cooke, seconded by Councilman Roesch to adjourn the meeting at
8:26p.m.
APPROVED Ayes
5 Cooke, Crawford,
Roesch, Billica, McMahon
Noes
0
A
moment of silence was observed in memory of the following:
Emma
Perkovich
Elizabeth Ford
John
Costanzo
Robert Clement
Edward
Pettinato
Anne Perkovich
James
Worley III
Lester Webb
Earl
Marshall
Respectfully
submitted,
Patricia
A. Frentzel
Town
Clerk