A regular meeting of
the Town Board of Grand Island, New York was held at the Town Hall, 2255
Baseline Rd., Grand Island, NY at 8:00 PM on the 4th of April 2005.
Present: Richard
W. Crawford Deputy Supervisor
Mary S. Cooke Councilwoman
Daniel F. Robillard Councilman
Gary G. Roesch Councilman
Patricia A. Frentzel Town Clerk
Peter Godfrey Town
Attorney
Excused: Peter
A. McMahon Supervisor
Also Present: Raymond
Dlugokinski Highway Superintendent
John Whitney Town
Engineer
Rev. Kevin Backus from Bible Presbyterian Church gave the Invocation.
Deputy Supervisor
Richard Crawford led the Pledge of Allegiance.
Deputy Supervisor
Crawford called the meeting to order at 8:00PM.
PROCLAMATIONS:
National
Public Safety Telecommunications Week – April 10 - April 16
A Proclamation was given to Grand Island Fire Company
representative Gary Roesch
setting aside April10th through April 16th
as National Public Safety Telecommunications Week.
Erie Niagara Sunrise Exchange Club
A Proclamation was
given to Mr. Wayne Tahara from the Erie Niagara Sunrise Exchange Club
designating the month of April 2005 as “Child Abuse Prevention Month”.
This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.
Residents who spoke:
Doug Smith, 111 Hennepin Rd. Re: Rezoning 1282 Stony Point Rd.
A motion
was made by Councilman Roesch, seconded by Councilman Robillard to approve
minutes of Workshop Meeting #14, March 21, 2005,
APPROVED Ayes 4 Cooke, Crawford, Robillard, Roesch
Noes 0
PUBLIC HEARINGS: 8:00PM
Bond Resolution – Sanitary
Sewer District #5 – Grand Island Blvd. Sanitary Sewer Construction A public
hearing was held at 8:00 P.M. for purpose of hearing anyone who wanted to make
comments in favor of or in opposition of the proposed Bond Resolution for
Sanitary Sewer District #5 construction on Grand Island Blvd.
Residents who
spoke in Favor: None
Residents in Opposition:
None
APPROVED Ayes 4 Cooke, Crawford, Robillard, Roesch
Noes 0
A motion was
made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the
resolution and order after the Public Hearing approving the increase and
improvement of facilities of the consolidated sewer district and Sanitary Sewer
District No. 5. as follows:
WHEREAS, the Town Board of the Town of Grand Island (herein called
“Town Board” and “Town”, respectively), in the County of Erie, New York on
behalf of the Town of Grand Island Consolidated Sewer District and Sanitary
Sewer District No. 5 (the “Districts”), 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: 550LF of 10” Gravity SDR
Sanitary Sewer, 5550LF of 8” Gravity SDR Sanitary Sewer, 1600 feet of force
main, 22 manholes, a 700GPM pump station and upgrades to pump station no. 17,
all of the forgoing to include all necessary site work, equipment, apparatus
and other improvements and costs incidental thereto, (the “District
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 Districts and has estimated the
total cost thereof to be a maximum amount of $800,000; said cost to be financed
by the issuance of serial bonds of the
Town in the amount of $800,000, 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 Districts 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 March 21, 2005
meeting calling for a public hearing to be held at the Town Hall, Grand Island,
New York, on the 4th day of April, 2005 at 8 o’clock P.M. (prevailing time) to
consider said increase and improvement of facilities of the Districts 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 Districts as hereinabove described and referred to at the
estimated maximum cost of $800,000; and it is hereby
DETERMINED, that the parcels and lots of the Districts shall be
benefited by said increase and improvement of the facilities of the Districts;
and it is hereby
DETERMINED, that all parcels and lots benefited by said increase and
improvements of the facilities are included in the Districts; and it is hereby
ORDERED, that the facilities of the Districts 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 $800,000, 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 Districts 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 Districts,
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 4 Cooke, Crawford, Robillard, Roesch
Noes 0
A
motion was made by Councilman Roesch, seconded by Councilman Robillard to adopt
the Bond Resolution as follows:
A RESOLUTION OF THE TOWN OF GRAND
ISLAND TOWN BOARD DATED April 4, 2005, AUTHORIZING THE INCREASE AND IMPROVEMENT
OF FACILITIES OF THE CONSOLIDATED SEWER DISTRICT AND SANITARY SEWER DISTRICT
NO. 5 AT A MAXIMUM AMOUNT NOT TO EXCEED $800,000, AND AUTHORIZING THE ISSUANCE
OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $800,000, 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 and Sanitary Sewer
District No. 5 (the “Improvement Project”); and
WHEREAS, the Town Board desires to undertake the construction of
the Improvement Project, including, but not limited to: 550LF of 10” Gravity
SDR Sanitary Sewer, 5550LF of 8” Gravity SDR Sanitary Sewer, 1600 feet of force
main, 22 manholes, a 700GPM pump station and upgrades to pump station no. 17,
all of the forgoing to include all necessary site work, equipment, apparatus
and other improvements and costs incidental thereto, (the “District
Improvement”).
WHEREAS, the Town Board desires to issue obligations of the Town to
finance the costs of the Improvement.
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:
The specific purpose (hereinafter
referred to as “purpose”) to be financed pursuant to this resolution is the
Increase and Improvement of facilities of the Consolidated Sewer District and
Sanitary Sewer District No. 5 (the “Districts”) in the Town of Grand
Island. The maximum cost of said
purpose will not exceed $800,000.
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 $800,000 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
Districts 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.
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 (40) years.
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.
It
is hereby determined the proposed maturity of the obligations authorized by
this resolution will be in excess of five years.
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 Districts
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.
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.
The expected source of funds to be used
initially to pay for up to $800,000 of the expenditures authorized by Section 1
of this resolution shall be from moneys held in various accounts of the
Town. 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.
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.
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.
The Town has issued a negative
declaration determining that the undertaking of the Improvement Project will
not have a significant effect on the environment.
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:
a) Such obligations are authorized for an object or purpose for which said Town is not authorized to expen