November 12, 2014 City Council Resolutions

Transcription

1 November 12, 2014 City Council Resolutions Resolution 6A A RESOLUTION AUTHORIZING THE ACCEPTANCE OF CERTAIN FEDERAL FUNDS FOR THE CONSTRUCTION OF THE GLEN COVE FERRY TERMINAL BUILDING WHEREAS, the Glen Cove City Ferry Terminal Building Project (hereinafter the the Project ) PINs , 0759.E6, 0759.H6 and 0759.P6 in the City of Glen Cove, in Nassau County, (hereinafter the Municipality/Sponsor ) is eligible for funding under Title 23 U.S. Code, Title 23 U.S. Code section 147, and WHEREAS, Pursuant to Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law ), Section 1207 of the Transportation Equity Act for the 21 st Century (TEA-21, Public Law ) reauthorized the FBD and it was continued through the Surface Transportation Extension Acts. Section1801 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Public Law ), further continued the program and added the program to 23 U.S.C as section 147, Construction of ferry boats and ferry terminal facilities that calls for the apportionment of the costs of such program to be borne at the ratio of 80% federal funds and 20% local funds. WHEREAS, on January 22, 2013, the City Council adopted Resolution 6A ( Resolution 6A ), which, among other things, authorized the City s acceptance of Ferry Boat Discretionary Funding ($2,345,000.00) for Phase II of the Project, regarding construction of the Ferry Boat building ( Phase II ), and WHEREAS, on February 13, 2013, the City Council adopted Resolution 6E ( Resolution 6E ), which further clarified Resolution 6A, by affirming that Restore NY Funding ($695,000.00) was another funding source dedicated to and being used for Phase II, and WHEREAS, PINs , 0759.E6, 0759.H6 and 0759.P6 apply to the Project; and WHEREAS, an additional $127, in FBD 2009 funding has been transferred to PIN of the Project through Supplemental Agreement #1 of State and Local Agreement D NOW, THEREFORE, the Municipal/Sponsor Board, duly convened does hereby

2 RESOLVE, that the Municipal/Sponsor Board hereby approves the above-subject Project; and it is hereby further RESOLVED, that the Municipal/Sponsor Board hereby authorizes the Municipal/Sponsor to pay in the first instance 100% of the federal and non-federal share of the cost of any and all phase (s) or portion thereof and it is further hereby appropriates from City capital funds the funds necessary to complete the Project including all phase(s) or portions thereof RESOLVED, that an additional sum of $25, is hereby appropriated from Municipal/Sponsor Capital funds and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that upon completion of construction of the Projects, or a fully usable portion thereof, the Municipality/Sponsor agrees to maintain the Project(s) or fully usable portion thereof, at their sole cost and expense; and it is hereby further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Municipality/Sponsor Board shall convene as soon as possible to appropriate said excess amount immediately, and it is further RESOLVED, that the Municipal/Sponsor Board hereby authorizes the acceptance of up to $102,000.00, Ferry Boat Discretionary 12 (FBD 12) funds for the reimbursement of Project costs pursuant to the State/Local Agreement; and it is further RESOLVED that the Mayor of the City of Glen Cove is hereby authorized to execute all necessary Agreements of recertification on behalf of the Municipality/Sponsor, (subject to the Municipal/Sponsor Attorney s approval as to form and content), with NYSDOT in connection with the advancement or approval of the Project and Municipality/Sponsor s first instance funding of the federal and nonfederal share of Project costs and all Projects costs within appropriations therefore that are not so eligible; and it further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, this Resolution shall take effect immediately. Resolution 6B

3 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT IN CONNECTION WITH LITIGATION REGARDING CONTAMINATION OF THE SEAMAN ROAD WELL#2 WHEREAS, the City Council of the City of Glen Cove, State of New York heretofore duly adopted a resolution to retain counsel, namely, the law firm of Napoli Bern Ripka & Associates, LLP ( NBRA ) for the purpose of pursuing environmental damage claims from contamination of the Seaman Road #2 Well, and WHEREAS, the City commenced an action against E.I. Du Pont De Nemours & Co., Arkema, Inc., Honeywell Intl., Inc., and the North Shore University Hospital at Glen Cove, under Index No /2012 in the Nassau County Supreme Court by filing of a Summons and Complaint on August 31, 2012, and WHEREAS, the Defendants herein now wish to aggregately settle the claims of the City against them, and WHEREAS, NBRA has recommended that the settlement offer of three hundred sixty thousand dollars and no cents ($360,000.00) represents a fair and reasonable settlement and that the City approve the aggregate settlement, and WHEREAS, the City Attorney has reviewed the documentation provided by NBRA in connection with the proposed settlement and concurs that the aggregate settlement should be accepted, NOW, THEREFORE, BE IT RESOLVED THAT GLEN COVE CITY COUNCIL HEREBY AUTHORIZES THE FOLLOWING:

4 1. The Glen Cove City Council hereby authorizes Mayor Reginald Spinello, and/or Special Counsel NBRA to enter into a Settlement Stipulation with the Defendants for the lump sum amount of Three Hundred and Sixty Thousand dollars ($360,000.00), to be paid to satisfy all claims or suits, in law or equity, relating to the matter of the City of Glen Cove against E.I. Du Pont De Nemours & Co., Arkema, Inc., Honeywell Intl., Inc., and the North Shore University Hospital at Glen Cove, under Index No /2012 in the Nassau County Supreme Court, State of New York; 2. The Glen Cove City Council hereby authorizes Mayor Reginald Spinello and/or its Special Counsel, NBRA, to execute all necessary documents to effectuate the Settlements herein, which shall include (i) any documents necessary to release any funds held in the Escrow for the purpose of paying the City of Glen Cove pursuant to the terms of the settlement herein, and (ii) a Stipulation of Discontinuance to be filed with the Court. 3. The Glen Cove City Council hereby authorizes Mayor Reginald Spinello, to execute all necessary documents to pay all legal fees due pursuant to the retainer agreement with Special Counsel Napoli Bern Ripka & Associates herein. Resolution 6C BE IT RESOLVED, that the City Council hereby approve Budget Transfers as submitted and reviewed by the City Controller. Budget Transfer Resolution 6D BE IT RESOLVED, that the City Attorney is hereby authorized to settle the following claim in full and final settlement thereof: Name Claim Number Amount

5 Linda Quinto GC $4, Resolution 6E BE IT RESOLVED, that the City Council hereby authorizes Glen Cove Kiwanis Club to hold their annual Clothing Drive, November 22, 2014, from 10:00 a.m. to 1:00 p.m., in the Senior Center Parking Lot. Resolution 7A BE IT RESOLVED, that Kevin C. Gibson and Agueda Lopez are hereby appointed as parttime Crossing Guards, with the Police Department, at a rate of $34.00 per day, effective November 12, Budget Line PD Resolution 7B

6 BE IT RESOLVED, that Lori Hernandez is hereby appointed as Emergency Medical Technician (Basic), with Emergency Medical Services, at the rate of $12.50 per hour, effective November 12, Translate this site Budget Line A Search our site