Town of Tonawanda Board Town Board

Transcription

1 Town Board 2919 Delaware Ave Regular (716) ~ Agenda ~ Town Clerk Monday, June 6, :30 PM Council Chambers - Municipal Building I. Call to order Attendee Name Present Absent Late Arrival Supervisor Anthony Caruana Councilman Joseph Emminger Councilman Daniel Crangle Councilman John Bargnesi Councilwoman Lisa Chimera 2. Invocation/Pledge of Allegiance - Councilwoman Chimera 3. Approve Minutes of the Town Board Meeting Held May 23, SUPERVISOR: If no errors or omissions to these minutes have been discovered, I declare them approved as typed and presented. II. Presentation 1. Presentation Ken-Ton Garden Tour Artist Awards III. Received and Filed 1. TOT Annual Water Quality Report ATTACHMENTS: Annual Water Quality Report (DOC) IV. Hearings A. Minor Subdivision Application for 2530 Eggert Road 1. Hearing Minor Subdivision Application for 2530 Eggert Road Into Three (3) Lots. 2. Resolution Page 1 Printed 6/6/2011

2 Regular Agenda June 6, 2011 Motion: APPROVE/DENY/REFER the Minor Subdivision Application of John and Joan Burns, for Property Located at 2530 Eggert Road Into Three (3) Lots. B. Consolidated Sanitary Sewer District Improvement Project 1. Hearing B Job Inflow and Infiltration Demonstration Project 2. Resolution Motion: Issue a Negative Declaration As Determined By the SEQR Committee At Its Meeting Held May 11, 2011 Relative to a Bond Issue for Job Inflow and Infiltration Demonstration Project. 3. Resolution Motion: Adopt a Resolution and Public Interest Order Relative to Job Inflow and Infiltration Demonstration Project, At An Estimated Cost of $1,300, Resolution Motion: Adopt a Bond Resolution in the Amount of $1,300, Relative to Job Inflow and Infiltration Demonstration Project. C. Open Hearing 1. Specially Permitted Use Permit Application for 4630 River Road. V. Resolutions A. Community Events 1. Resolution Communication Received from Salvatore Teresi Requesting Permission to Hold the Sixth Annual Run for HOPE 5K Race on Saturday, September 3, 2011, As Set Forth in the Agenda Before You. ATTACHMENTS: Run for Hope (PDF) run for hope route (PDF) 2. Resolution Communication Received from St. Bartholomew s Anglican Church Requesting Barricades from the Highway Department for Use During Its Annual Vacation Bible School Program, As Set Forth In The Agenda Before You. ATTACHMENTS: mapstbart (PDF) stbartolomews (PDF) 3. Resolution Motion: Approve and Authorize Two (2) Block Party Requests, As Set Forth in the Agenda Before You. ATTACHMENTS: Blk Pty Req - Twyla Pl 6_6_11001 (PDF) blockpartyashford (PDF) Page 2 Printed 6/6/2011

3 Regular Agenda June 6, 2011 B. Claims 4. Resolution Motion: Approve Payments by First Niagara Risk Management for Claims Totaling $1,572.93, and Claim Expenses Totaling $ ATTACHMENTS: claims (PDF) C. Attendance 5. Resolution Motion: Approve and Authorize the Following Attendance and Seminar Request for the Police Department. D. Personnel 6. Resolution Motion: Approve Changes of Status and Terminations as Submitted By Charles Naughton, Director of Labor Relations, As Set Forth in the Agenda Before You. 7. Resolution Further Communication Received from the Personnel Department Recommending the Town Board Approve and Authorize the Supervisor to Execute Any and All Documents Relative to Appointments by the Highway Superintendent, Pursuant to Section 140 of the Highway Law, As Set Forth in the Agenda Before You. ATTACHMENTS: Hwy Personnel - 6_6_11001 (PDF) E. Department Requests 8. Resolution Motion: Engage the Professional Services of Klauk, Lloyd & Wilhelm, Inc. to Provide Tax Certiorari Services Regarding 535 Kenmore Avenue, 3679 & 3701 River Road and 2440 Sheridan Drive. ATTACHMENTS: Art Kenmore 6_6_11001 (PDF) Art Sheridan 6_6_11001 (PDF) Art _ 3701 River Rd 6_6_11001 (PDF) 9. Resolution Motion: Approve and Authorize the Supervisor to Execute a Right of Entry Agreement Between the Town and The Lamar Companies for Town-Owned Property Located at 787 East Park Drive for the Purpose of Grading in Connection With a Proposed Access Road to Improve Access and Egress to Billboards Along the I-290 Youngmann Expressway. ATTACHMENTS: Right of Entry Agrmt - Lamar Cos 6_6_11001 (PDF) 10. Resolution Motion: Approve and Authorize the Supervisor to Execute a One (1) Year Extension of the License Agreement with Crown Enterprises Incorporated for the Use of Its Premises Located at 454 Sawyer Page 3 Printed 6/6/2011

4 Regular Agenda June 6, 2011 Avenue by the Town Police Department for the Purpose of Conducting Commercial Motor Vehicle Inspections, Subject to Approval of the Town Attorney. 11. Resolution Communication Received from Carl Heimiller, Supervising Code Enforcement Officer of the Building Department, Requesting the Town Board Authorize the Purchase of Two (2) 2011 Ford F-150 Vehicles from Van Bortel Ford Inc., Under New York State OGS Contract #PC21910, At A Total Cost of $31, ATTACHMENTS: Vehicle Purchase-Building Dept. 12. Resolution Motion: Approve and Authorize William Swanson, Highway Superintendent, to Purchase One (1) New 2011 Chevrolet Impala LS Under New York State Contract #PC65026 from Hoselton Chevrolet at a Cost of $16, DAS. 13. Resolution Communication Received from Michael Kaiser, Director of the Technical Support Department, Requesting the Town Board Authorize the Renewal of the Following for Job 2850 : Annual Support for New World System Logos.NET Public Administration from New World Systems for the Period July 1, 2011 to June 30, 2012, At A Cost of $59,700.00, and Authorize the Supervisor to Execute Any Documents Relative to the Renewal. ATTACHMENTS: New World Support 6_6_11001 (PDF) 14. Resolution Motion: Approve and Authorize the Supervisor to Execute Change Order No. 1 for Job WWTF Substation Upgrade and Roof Replacement, Awarded to Ferguson Electric Service Company, Inc., to Extend the Completion Date from May 7, 2011 to August 5, ATTACHMENTS: job2864 (PDF) 15. Resolution Further Communication Received from Michael Kaiser Recommending National Grid Install 15 New Electric Street Lights on Glenhurst Road, Between Glenalby Road and Green Acres Road, and on Green Acres Road at Glenhurst Road, to Replace Existing Gas Lights National Fuel No Longer Maintains or, For Which, Has No Replacement Parts. ATTACHMENTS: streetlightglenhurst (PDF) 16. Resolution Further Communication Received from Michael Kaiser Recommending National Grid Install 11 New Electric Street Lights on East Somerset Avenue Between Vicksburg Avenue and Ashford Avenue to Replace Existing Gas Lights National Fuel No Longer Maintains or, For Which, Has No Replacement Parts. ATTACHMENTS: streetlightesomerset (PDF) 17. Resolution Page 4 Printed 6/6/2011

5 Regular Agenda June 6, 2011 Communication Received from Kenneth F. Maving, Chief Operator of the Water Resources Department, Requesting Authorization for the Water & Sewer Maintenance Division to Place Various Surplus Vehicles for Auction with Auctions International. ATTACHMENTS: MX-M350N_ _ Resolution Further Communication Received from Kenneth F. Maving Recommending the Town Board Authorize CRA Infrastructure & Engineering, Inc. to Conduct an Infiltration/Inflow Evaluation and Assessment for a Total Fee of $1,021,300.00, and Approve and Authorize the Supervisor to Execute an Agreement with CRA Infrastructure & Engineering, Inc. for the Services Outlined in the Proposal. 19. Resolution Communication Received from Dan Wiles, Director of Youth, Parks and Recreation, Requesting Permission to Have Two (2) Fire Pits in Lincoln Park in Conjunction with the Department s Annual Parent/Child Campout. 20. Resolution Further Communication Received from Dan Wiles Requesting the Town Board Approve and Authorize the Supervisor to Execute Agreements with the Various Bands Performing in the 2011 Summer Concert Series to be Held at Brighton and Lincoln Arenas, Pending Approval of the Town Attorney. F. Award Bids 21. Resolution Communication Received from William Swanson, Highway Superintendent, Recommending Acceptance of the Bid for One 2011 Or Newer Thirty-Two Cubic Yard, High Compaction, High Pressure Garbage Truck Body from Cyncon Equipment at a Cost of $73, Resolution Further Communication Received from Kenneth F. Maving Recommending the Low Bid of Kemira Water Solutions Inc., be Accepted for the Purchase of Tons / Dry Weight of Ferrous Chloride in the Amount of $ / Dry Ton and the Supervisor be Authorized to Execute Any and All Documents Connected Therewith. ATTACHMENTS: Ferrous Chloride Bid Award 6_6_11001 (PDF) G. Call For Bids 23. Resolution Further Communication Received from Michael Kaiser, Requesting the Town Board CALL FOR BIDS Returnable June 28, 2011 at 3:30 PM in the Council Chambers for JOB ELEVATED WATER TANK REPAIRS AT THE WATER TREATMENT PLANT. Estimated Cost: $250, ATTACHMENTS: Water Tank Repairs 6_6_11001 (PDF) 24. Resolution Further Communication Received from Michael Kaiser Requesting the Town Board CALL FOR BIDS Returnable July 5, 2011 at 3:30 PM in the Council Chambers for JOB WATERLINE IMPROVEMENTS Estimated Cost: $1,700, Page 5 Printed 6/6/2011

6 Regular Agenda June 6, 2011 ATTACHMENTS: Waterline Improvemts - Chelsea _ Kenmore 6_6_11001(PDF) H. Call For Hearing 25. Resolution Motion: CALL A HEARING to be Held on June 20, 2011 at 7:30 PM in the Council Chambers of the Municipal Building, to Consider the Adoption of Local Law (Intro.) Entitled, " a Local Law to Regulate Zoning" (Chapter 215 of the Code of the Town of Tonawanda, New York, as Recodified by Local Law 3-83) Relative to the Creation of the NB - Neighborhood Business District. ATTACHMENTS: 215 Neighborhood Business District (PDF) 215 Neighborhood Business District Marks Off (PDF) 26. Resolution Motion: CALL A HEARING to be Held June 20, 2011 at 7:30 PM in the Council Chambers to Consider an Amendment to the Following Vehicle and Traffic Schedule Under Local Law 2-83 of the Town Code Schedule XI: Parking, Standing and Stopping Restrictions: REMOVE "No Parking Here to Corner" Sign Located on the North Side of Westchester Boulevard that Addresses the Area from the Spot of the Sign West to Elmwood Avenue; REMOVE "No Standing Anytime" Sign Located on the North Side of Westchester Boulevard that is Located Near the Corner of Elmwood Avenue and Addresses the Area from the Corner East to the Above Listed Sign; INSTALL "No Standing Here to Corner" Sign on the North Side of Westchester Boulevard Approximately 97 Feet East of the Curb Line of Elmwood Avenue Addressing the Area from the Spot of the Sign to the Corner of Westchester Boulevard and Elmwood Avenue. VI. Building/Electrical Permits 1. Building & Electrical Permit Building and Electrical Permits for the Period May 4, 2011 through May 31, VII. Further Town Board Action Items 1. Resolution Motion: Approve and Authorize William Swanson, Highway Superintendent, to Execute a Utility Work Permit for the Repair of Manhole 4A30 on Starin Avenue (South of Wilton Parkway) by Verizon, Pursuant to Highway Law Section Resolution Further Communication Received from Michael Kaiser Requesting the Town Board Authorize the Purchase and Installation of Audio, Visual and Teleconferencing Equipment for Job Emergency Operations Center from Advance 2000 Under Various New York State Contracts at a Cost of $82,628.68, as Set Forth In the Proposal Before You. ATTACHMENTS: job2795 (PDF) 3. Resolution Communication Received from Hoover Elementary School Requesting Barricades for Its Bike Rodeo, Saturday, June 11, Page 6 Printed 6/6/2011

7 Regular Agenda June 6, 2011 ATTACHMENTS: Bike Rodeo Barricade Req 6_6_11001 (PDF) VIII. Town Board Information for the Public IX. Delegations/Public Portion X. Adjourn in Memory of the Following to the Town Board Meeting to be held Monday, June 20, Resolution Adjourn in Memory - Sophie I. Bukowski 2. Resolution Adjourn in Memory - James Erhardt 3. Resolution Adjourn in Memory - Sandor Fuzi 4. Resolution Adjourn in Memory - Jack Lotsof 5. Resolution Adjourn in Memory - Patricia Mirabella 6. Resolution Adjourn in Memory - Nicholas Salamone, Jr. 7. Resolution Adjourn in Memory - Rosemarie A. Salonikis Page 7 Printed 6/6/2011

8 Delaware Ave Department: Supervisor s Office PRESENTATION DOC ID: 6381 Ken-Ton Garden Tour Artist Awards Page Packet 1 Pg. 8

9 4.A Delaware Ave Department: Town Clerk RESOLUTION DOC ID: 6417 Motion: APPROVE/DENY/REFER the Minor Subdivision Application of John and Joan Burns, for Property Located at 2530 Eggert Road Into Three (3) Lots. WHEREAS, this Town Board pursuant to Section of the Code of the Town of Tonawanda did call a public hearing to be held on the 6th day of June, 2011 to consider the application of John L. Burns and Joan M. Burns for a Minor Subdivision into three lots and approval of Final Plat Plan for property located at 2530 Eggert Road; and WHEREAS, a hearing was held at the time and place mentioned in the published Notice of Hearing, and all interested persons were given an opportunity to be heard either for or against said minor subdivision request; NOW, THEREFORE, BE IT RESOLVED, this Town Board does hereby APPROVE/DENY/REFER the application of John and Joan Burns, relative to the approval of the Final Plat Plan for the subdivision of premises known as 2530 Eggert Road into three (3) lots; and BE IT FURTHER RESOLVED, the following modifications shall be part of the Minor Subdivision Application Approval; First: The three new parcels cannot share common utilities; Second: A Curb Cut Permit is required; and Third: If the applicants do not follow through with the conversion, they must then merge the three parcels back into one; and BE IT FURTHER RESOLVED the Supervisor, Anthony F. Caruana, is authorized to execute any and all documents relative to the minor subdivision of said location; and BE IT FURTHER RESOLVED,, Town Clerk, be authorized to certify all copies of the application and Final Plat. Page Packet 1 Pg. 9

10 4.B Delaware Ave Department: Attorney RESOLUTION DOC ID: 6356 Motion: Issue a Negative Declaration As Determined By the SEQR Committee At Its Meeting Held May 11, 2011 Relative to a Bond Issue for Job Inflow and Infiltration Demonstration Project. WHEREAS, pursuant to Local Law 3-89, the Town Board of the Town of Tonawanda is the Lead Agency in connection with the SEQRA review of the Project; and WHEREAS, pursuant to Local Law 3-89, the Town Board of the Town of Tonawanda, as lead agency, caused the Environmental Assessment Short Form (EAF) completed by Michael Kaiser, Director of the Technical Support Department, and all other relevant data, to be referred to the Town of Tonawanda SEQR Committee for review and recommendation; and WHEREAS, the Town Board of the Town of Tonawanda, as lead agency, has conducted its own independent review of the EAF and all other relevant data furnished by the Technical Support Department, and also reviewed the minutes of the SEQR Committee meeting held on May 11, 2011 in which the SEQR Committee has recommended to the Town Board, as lead agency, that the bond issue for the Project is an unlisted action which will not have a significant impact on the environment and, therefore, a negative declaration should be issued; and WHEREAS, the Town Board, as lead agency, has applied the criteria listed in Section 6l7.7(c) of Part 6l7 of the N.Y.C.R.R. to this activity and considering all the relevant documentation and information submitted, determines that this activity will not have a significant impact on the environment; and WHEREAS, the Town Board of the Town of Tonawanda, as lead agency, concurs with the recommendation of the SEQR Committee; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Tonawanda, as lead agency, for the SEQRA review of the bond issue for the Project, hereby issues a negative declaration in connection with this activity; and BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute any necessary documents relating to an issuance of a negative declaration of significance. Page Packet 1 Pg. 10

11 4.B Delaware Ave Department: Attorney RESOLUTION DOC ID: 6361 Motion: Adopt a Resolution and Public Interest Order Relative to Job Inflow and Infiltration Demonstration Project, At An Estimated Cost of $1,300, At a regular meeting of the Town Board of the Town of Tonawanda, Erie County, New York, held at the Municipal Building, 2919 Delaware Avenue, in Kenmore, New York, in said Town, on June 6, 2011, at 7:30 P.M., Prevailing Time. The meeting was called to order by, and upon roll being called, the following were: Present Absent Anthony F. Caruana Supervisor Daniel J. Crangle Councilman John A. Bargnesi, Jr. Councilman Lisa M. Chimera Councilwoman Joseph H. Emminger Councilman The following resolution and order was offered by, who moved its adoption, seconded by, to-wit: Page Packet 1 Pg. 11

12 4.B.3 RESOLUTION AND ORDER AFTER PUBLIC HEARING APPROVING THE INCREASE AND IMPROVEMENT OF CERTAIN FACILITIES OF THE TOWN OF TONAWANDA CONSOLIDATED SANITARY SEWER DISTRICT. WHEREAS, the Town Board of the Town of Tonawanda (herein called the Town Board and the Town respectively), in the County of Erie, New York, on behalf of the Town of Tonawanda Consolidated Sanitary Sewer District (the District ) in the Town, has directed CRA Infrastructure & Engineering, Inc., a professional engineering firm licensed in New York (the Engineer ), to prepare a map, plan and report for certain increases and improvements to certain sewer system facilities, including, but not limited to, the administration, engineering, construction and inspection of Job Inflow and Infiltration Demonstration Project, including engineering and legal fees to represent the Town in discussions and response to the NYSDEC concerning the Long Term Control Plan and the SPDES permit modification and engineering fees to develop and institute an Inflow and Infiltration Demonstration Project in response to NYSDEC s comments on the Long Term Control Plan, all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (the District Improvement ); and pursuant to the direction of the Town, the Engineer will complete and file with the Town Board such map, plan and report for said increase and improvement of facilities of the District and the Engineer has estimated the total cost thereof to be a maximum amount of $1,300,000.00; said cost to be financed by the issuance of serial bonds and/or notes of the Town in the amount of $1,300,000.00; and WHEREAS, the Town Board has given due consideration to the impact that the District Improvement 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, has determined the District Improvement to be an unlisted action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act which will not have a significant impact on the environment and the therefore, Town Board, at its meeting held June 6, 2011, issued a negative declaration. WHEREAS, the Town Board issued an Order at its May 23, 2011 meeting, calling for a public hearing to be held at the Municipal Building, 2919 Delaware Avenue, Kenmore, New York on June 6, 2011 at 7:30 P.M. (prevailing time) to consider said District Improvement and to hear all persons interested in the subject thereof concerning the same and for such 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 such 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 TONAWANDA 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 $1,300,000.00; 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 Packet Pg. 12

13 4.B.3 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 definite 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 and/or notes of the Town in an amount not to exceed $1,300,000, to be issued pursuant to the Local Finance 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 the Resolution and Order, certified by said Town Clerk. The question of the adoption of the foregoing resolution and order was duly put to a vote on roll call, which resulted as follows: Anthony F. Caruana, Supervisor Daniel J. Crangle, Councilman John A. Bargnesi, Jr., Councilman Lisa M. Chimera, Councilman Joseph H. Emminger, Councilman VOTING VOTING VOTING VOTING VOTING The order was thereupon declared duly adopted by a vote of ( ) ayes and ( ) nays. Packet Pg. 13

14 4.B.3 STATE OF NEW YORK ) COUNTY OF ERIE ) ss: I, the undersigned Clerk of the Town of Tonawanda, Erie County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution and order contained therein, held on June 6, 2011, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same related to the subject matters therein referred to. I FURTHER CERTIFY that all members of the Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspapers and/or other news media Buffalo News - Attn: City Desk Buffalo News - Kenmore Office Tonawanda Publishing - Attn: Editorial Department Ken-Ton Bee - Attn: Editorial Department TV Channels 2, 4 and 7 Radio: WNED, WBEN, WGR Date given I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Town Clerk s Bulletin Board First Floor Delaware Avenue Date of posting Packet Pg. 14

15 4.B Delaware Ave Department: Attorney RESOLUTION DOC ID: 6365 Motion: Adopt a Bond Resolution in the Amount of $1,300, Relative to Job Inflow and Infiltration Demonstration Project. At a regular meeting of the Town Board of the Town of Tonawanda, Erie County, New York, held at the Municipal Building, 2919 Delaware Avenue, in Kenmore, New York, on June 6, 2011, at 7:30 P.M., Prevailing Time. were The meeting was called to order by, and upon roll being called, the following Present Absent Anthony F. Caruana Supervisor Daniel J. Crangle Councilman John A. Bargnesi, Jr. Councilman Lisa M. Chimera Councilwoman Joseph H. Emminger Councilman The following resolution was offered by, who moved its adoption, seconded by, to-wit: Page Packet 1 Pg. 15

16 4.B.4 RESOLUTION DATED JUNE 6, A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF TONAWANDA, ERIE COUNTY, NEW YORK, AUTHORIZING THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWN OF TONAWANDA CONSOLIDATED SANITARY SEWER DISTRICT (the "DISTRICT") AT A MAXIMUM AMOUNT NOT TO EXCEED $1,300, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,300,000.00, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE SUCH BONDS OR BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR. WHEREAS, the Town Board of the Town of Tonawanda, Erie County, New York (the Town ), has determined to proceed with the increase and improvement of certain District facilities of the Town of Tonawanda Consolidated Sanitary Sewer District (the District Improvement ); and WHEREAS, the Town Board desires to undertake the District Improvement, including but not limited to engineering and legal fees to represent the Town in discussions and response to the NYSDEC concerning the Long Term Control Plan and the SPDES permit modification and engineering fees to develop and institute an Inflow and Infiltration Demonstration Project in response to NYSDEC s comments on the Long Term Control Plan, all of the foregoing to include all necessary site work, equipment, apparatus and certain other improvements and costs; and WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the District Improvement, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Tonawanda, Erie County, New York (by the favorable vote of not less than two-thirds of all the members of said Board) as follows: SECTION 1. The specific purpose (hereinafter referred to as "purpose") to be financed pursuant to this resolution is the increse and improvement of District facilities of the Town of Tonawanda Consolidated Sanitary Sewer District (the "District") in the Town of Tonawanda, Erie County, New York as described above. The maximum cost of said purpose will not exceed $1,300, SECTION 2. The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds and/or notes in an amount not to exceed $1,300, of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law. No money has heretofore been authorized to be applied to the payment of the costs of said specific purpose and the Town plans to finance the Town's cost of said specific purpose, entirely from funds raised from the issuance of the serial bonds and/or notes issued in anticipation of the issuance of such serial bonds. The cost of such improvements is to be paid by the issuance of serial bonds and/or notes issued in anticipation of the issuance of such serial bonds. SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 62 of paragraph (a) of Section of the Local Finance Law, and that the period of probable usefulness of said purpose is 5 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 and/or notes 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 Packet Pg. 16

17 4.B.4 on such bonds and/or notes becoming due and payable in such year. SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section of the Local Finance Law 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 to 60.00, Section 62.00, Section and Section 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 Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution, any notes issued in anticipation of the issuance of said serial bonds, and any renewals thereof, and the Town Supervisor is authorized to affix the corporate seal of the Town to any of said bonds or notes and to attest such seal. SECTION 8. The expected source of funds to be used initially to pay for up to $1,300, of the expenditures authorized by Section 1 of this resolution on an interim basis 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/or notes authorized herein, as required by United States Treasury Regulation Section 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 may be excluded 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 l5c 2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of SECTION 11. The Town Board of the Town of Tonawanda, as lead agency, has conducted its own independent review of the EAF and all other relevant data furnished by the Technical Support Department, and also reviewed the minutes of the SEQR Committee meeting held on May 11, 2011, in which the SEQR Committee recommended to the Town Board, as lead agency, that the bond issue for the Project is an unlisted action which will not have a significant impact on the environment and the therefore, Town Board, at its meeting held June 6, 2011, issued a negative declaration. 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. Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or 2. 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 of New York. 3. Such obligations are authorized in violation of the provisions of the Constitution Packet Pg. 17

18 4.B.4 SECTION 13. 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 of said Local Finance Law, in the Ken-Ton Bee, a newspaper regularly published and having general circulation in said Town and designated as the official newspaper of said Town for such publication. SECTION 14. This Resolution is effective immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Anthony F. Caruana, Supervisor Daniel J. Crangle, Councilman John A. Bargnesi, Jr., Councilman Lisa M. Chimera, Councilwoman Joseph H. Emminger, Councilman VOTING VOTING VOTING VOTING VOTING nays. The resolution was thereupon declared duly adopted by a vote of ( ) ayes and ( ) Packet Pg. 18

19 4.B.4 STATE OF NEW YORK ) COUNTY OF ERIE ) ss: I, the undersigned Clerk of the Town of Tonawanda, Erie County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on June 6, 2011, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same related to the subject matters therein referred to. I FURTHER CERTIFY that all members of the Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspapers and/or other news media Buffalo News - Attn: City Desk Buffalo News - Kenmore Office Tonawanda Publishing - Attn: Editorial Department Ken-Ton Bee - Attn: Editorial Department TV Channels 2, 4 and 7 Radio: WNED, WBEN, WGR Date given I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of posting Town Clerk s Bulletin Board First Floor Delaware Avenue Town of Tonawanda Website Packet Pg. 19

20 5.A Delaware Ave Department: Town Clerk RESOLUTION DOC ID: 6410 Communication Received from Salvatore Teresi Requesting Permission to Hold the Sixth Annual Run for HOPE 5K Race on Saturday, September 3, 2011, As Set Forth in the Agenda Before You. BE IT RESOLVED, that this Town Board does hereby grant permission to Salvatore Teresi to hold the Sixth Annual Run for HOPE 5K Road Race in loving memory of Connie Teresi on Saturday, September 3, 2011 at 9:30 AM starting at Lincoln Park; proceeding on Darlington to Loretta to Woodland to Parkhurst to Cambridge and finishing on Edgewood back into Lincoln Park; and BE IT FURTHER RESOLVED, all proper Town Departments will be notified of said event. Page Packet 1 Pg. 20

21 5.A Delaware Ave Department: Town Clerk RESOLUTION DOC ID: 6444 Communication Received from St. Bartholomew s Anglican Church Requesting Barricades from the Highway Department for Use During Its Annual Vacation Bible School Program, As Set Forth In The Agenda Before You. BE IT RESOLVED this Town Board does hereby authorize the Highway Department to deliver 10 barricades to St. Bartholomew's Anglican Church, 2368 Eggert Road, Tonawanda, NY 14150, on Friday, June 24, 2011 for use during its annual Vacation Bible School program June 26-30, 2011 from 6:15-8:45 PM daily; and BE IT FURTHER RESOLVED said barricades will be picked-up by the Highway Department on Friday, July 1, Page Packet 1 Pg. 21

22 5.A Delaware Ave Department: Town Clerk ADOPTED RESOLUTION DOC ID: 6409 Motion: Approve and Authorize Two (2) Block Party Requests, As Set Forth in the Agenda Before You. WHEREAS, TWO (2) BLOCK PARTY REQUESTS have been received from the following persons with a request for exemption from the Town's Open Containers Law; APPLICANT: LOCATION: DATE/TIME: RAIN DATE: APPLICANT: LOCATION: DATE/TIME: RAIN DATE: Donna & Leon Sereday, 441 Ashford Avenue Ashford Avenue (between Brighton Rd. & Ebling) Friday, June 24th; 6 PM - Midnight None Noted Jennifer Rumschik, 51 Twyla Place Twyla Place (between Belmont Ave. & Center Ave.) Saturday, August 27th; Noon - Midnight Sunday, August 28th NOW, THEREFORE, BE IT RESOLVED, this Town Board does hereby grant permission pursuant to Local Law 1-83 to hold said Block Parties described, authorizes the Highway Department to furnish barricades and lanterns, and orders a copy of this resolution be forwarded to the Police Department for their records; and BE IT FURTHER RESOLVED, this Board wishes to remind those persons participating in said Block Parties to be considerate of neighbors on nearby streets with regard to compliance with the Town of Tonawanda "NOISE LOCAL LAW" and also to maintain the availability of ingress and egress and/or a fire safety lane for vehicular traffic. Page Packet 1 Pg. 22

23 5.B Delaware Ave Department: Town Clerk RESOLUTION DOC ID: 6437 Motion: Approve Payments by First Niagara Risk Management for Claims Totaling $1,572.93, and Claim Expenses Totaling $ BE IT RESOLVED, this Town Board does hereby approve the payment of CLAIMS by First Niagara Risk Management as follows: 1. Claimant: Paul Roman Pay to: Hartford Casualty Insurance as Subrogee for Paul Roman Mail to: Hartford Casualty Insurance as Subrogee for Paul Roman 55 Farmington Avenue - Suite 100 Hartford, CT Payment Control No Accident Date: 06/04/2010 Payment Amount: $ Claimant: Milherst Construction Inc. Pay to: Milherst Construction Inc. Mail to: Milherst Construction Inc County Road Clarence Center, NY and Payment Control No Accident Date: 05/02/2011 Payment Amount: $1, BE IT FURTHER RESOLVED, this Town Board does hereby approve the payment of CLAIM EXPENSES by First Niagara Risk Management as follows: 1. Claimant: Annemarie Gibson Pay to: ACR of WNY Mail to: ACR of WNY PO Box 1062 Buffalo, NY Payment Control No Accident Date: 07/04/2010 Payment Amount: $ Claimant: Milherst Construction Inc. Pay to: County Auto & Truck Appraisals Mail to: County Auto & Truck Appraisals 8522 County Road Page Packet 1 Pg. 23

24 5.B.4 Payment Control No Accident Date: 05/02/2011 Payment Amount: $90.00 East Amherst, NY Packet Pg. 24

25 5.C Delaware Ave Department: Police RESOLUTION DOC ID: 6434 Motion: Approve and Authorize the Following Attendance and Seminar Request for the Police Department. 1. Suicide Prevention, Intervention & Postvention Seminar - Sponsored by the Western New York Stress Reduction Program Attendees: Location: PO Christopher Kaiser & PO John Oddo Erie County Emergency Services Training & Operations Center 3359 Broadway Cheektowaga, NY Dates: June 17 & 18, 2011 Cost: $50.00/person; Total Cost $ Additional Information: Participants will learn how to identify persons at risk for suicide, effective intervention skills, and how to identify physical, emotional, and verbal suicide warnings. They will also learn to identify the do's and don'ts of successful suicide intervention, identify feelings and reactions of suicide survivors and strategies useful in helping them. Funds are available in account # A department vehicle will be used for transportation. Page Packet 1 Pg. 25

26 5.D Delaware Ave Department: Personnel RESOLUTION DOC ID: 6431 Motion: Approve Changes of Status and Terminations as Submitted By Charles Naughton, Director of Labor Relations, As Set Forth in the Agenda Before You. CHANGE OF STATUS: YOUTH, PARKS & RECREATION DEPARTMENT Thomas Farmer Emp. #279 FROM: TO: EFF. 5/10/11 RETRO Rec Attendant Seas Rec Attendant Seas $7.50 per hour $12.00 per hour Seasonal appointment from 5/10/11 through 10/10/11. Effective 10/10/11 revert back to part-time. REASON: Change of rate. WATER RESOURCES DEPT/ WATER & SEWER DIV Andrew R. Buccitelli Emp. #6287 FROM: TO: EFF. 6/16/11 Laborer A P/T Laborer D Seas $8.54 per hour $7.62 per hour Seasonal appointment from 6/16/11 through 11/16/11. Eff. 11/17/11 revert back to part-time. REASON: Part-time to seasonal status. HIGHWAY DEPARTMENT David Brosart Emp. #2712 FROM: TO: EFF. 6/16/11 Auto Mechanic B Auto Mechanic A $24.14 per hour $25.35 per hour REASON: This change is being made as a result of the promotion of Tim Braun to Assistant Crew Chief and the realignment of duties in the mechanic shop. Tina M. Smith Emp. #5427 FROM: TO: EFF. 6/16/11 Clerk B Clerk A $35,998 annually $38,134 annually REASON: This change is being made as a result of the realignment of duties due to the Page Packet 1 Pg. 26

27 5.D.6 resignation of Dawn Dill. TERMINATIONS: HIGHWAY DEPARTMENT Matthew Cierlicki Emp. # 6115 Eff. 6/06/11 Highway Department WATER RESOURCES DEPT/ WATER TREATMENT DIV Jonathan Wolf Emp. # 5739 Eff. 6/06/11 Water Treatment Div Packet Pg. 27

28 5.D Delaware Ave Department: Personnel RESOLUTION DOC ID: 6432 B Further Communication Received from the Personnel Department Recommending the Town Board Approve and Authorize the Supervisor to Execute Any and All Documents Relative to Appointments by the Highway Superintendent, Pursuant to Section 140 of the Highway Law, As Set Forth in the Agenda Before You. HIRE: HIGHWAY DEPARTMENT Laborer D Seas at $7.51 per hour, Eff. 6/16/11 Lisa P. Brosart Seasonal appointment from 6/16/11 through 11/16/11, Effective 11/17/11 revert back to part-time. REASON: Seasonal hire to be used if and when needed. CHANGE OF STATUS: HIGHWAY DEPARTMENT Michael Jarvis Emp. #3721 FROM: TO: EFF.6/16/11 Auto Mechanic B Motor Equipment Operator B $24.14 per hour $23.46 per hour REASON: Mr. Jarvis requested to be re-assigned from the mechanic shop to a Motor Equipment Operator. Gary Raszewski Emp. #4687 FROM: TO: EFF.6/16/11 Laborer A Motor Equipment Operator B $22.20 per hour $23.46 per hour REASON: Change of job classification Patrick Lewandowski Emp. #4921 FROM: TO: EFF.6/16/11 Laborer A Tree Trimmer Trainee $22.20 per hour $23.07 per hour Page Packet 1 Pg. 28

29 5.D.7 REASON: To fill the vacancy created by the retirement of Paul Gerace. Russell Knutsen Emp. #2411 Kenneth Ochterski Emp. #4323 FROM: TO: EFF.6/16/11 Motor Equipment Operator B Auto Mechanic B $23.46 per hour $24.14 per hour REASON: Mr. Knutsen and Mr. Ochterski will be filling the vacancies created by the re-assignments of Timothy Braun and Michael Jarvis. Richard Reinard Emp. #4638 FROM: TO: EFF.6/16/11 Motor Equipment Operator B Laborer B $23.46 per hour $20.26 per hour REASON: Change of job Classification. David McGinnis Emp. #5846 FROM TO: EFF.6/16/11 Laborer D Seasonal Laborer D - Full Time $7.88 per hour $16.84 per hour REASON: Mr. McGinnis will be filling the vacancy created when Steven Harvey retired. Packet Pg. 29

30 5.E Delaware Ave Department: Assessor ADOPTED RESOLUTION DOC ID: 6398 Motion: Engage the Professional Services of Klauk, Lloyd & Wilhelm, Inc. to Provide Tax Certiorari Services Regarding 535 Kenmore Avenue, 3679 & 3701 River Road and 2440 Sheridan Drive. BE IT RESOLVED the Town of Tonawanda will engage the professional services of Klauk, Lloyd & Wilhelm, Inc. to provide tax certiorari services regarding the following industrial properties: 535 Kenmore Ave & 3701 River Rd Sheridan Dr. Summary Appraisal Report $3,500 $2,900 $1,950 Court-ready Appraisal $3,000 $3,200 $1,950 Annual updates $ 750 $ 600 $ 750 Consultation $ 75/hour $ 75/hour $ 75/hour Court Testimony $ 125/hour $ 125/hour $ 125/hour Page Packet 1 Pg. 30

31 5.E Delaware Ave Department: Attorney RESOLUTION DOC ID: 6403 Motion: Approve and Authorize the Supervisor to Execute a Right of Entry Agreement Between the Town and The Lamar Companies for Town-Owned Property Located at 787 East Park Drive for the Purpose of Grading in Connection With a Proposed Access Road to Improve Access and Egress to Billboards Along the I-290 Youngmann Expressway. BE IT RESOLVED, this Town Board does hereby approve and authorize the Supervisor to execute a Right of Entry Agreement between the Town of Tonawanda and The Lamar Companies for Town-Owned Property Located at 787 East Park Drive for the Purpose of Grading in Connection with a Proposed Access Road to Improve Access and Egress to Billboards Along the I-290 Youngmann Expressway, with said Agreement to expire on August 31, Page Packet 1 Pg. 31

32 5.E Delaware Ave Department: Attorney ADOPTED RESOLUTION DOC ID: 6438 Motion: Approve and Authorize the Supervisor to Execute a One (1) Year Extension of the License Agreement with Crown Enterprises Incorporated for the Use of Its Premises Located at 454 Sawyer Avenue by the Town Police Department for the Purpose of Conducting Commercial Motor Vehicle Inspections, Subject to Approval of the Town Attorney. BE IT RESOLVED, that the Supervisor be and hereby is authorized to execute a One (1) Year Extension of the License Agreement with Crown Enterprises Incorporated, effective June 15, 2011, for the use of its premises located at 454 Sawyer Avenue by the Town Police Department for the purpose of conducting commercial motor vehicle inspections, subject to approval of the Town Attorney. Page Packet 1 Pg. 32

33 5.E Delaware Ave Department: Building RESOLUTION DOC ID: 6428 Communication Received from Carl Heimiller, Supervising Code Enforcement Officer of the Building Department, Requesting the Town Board Authorize the Purchase of Two (2) 2011 Ford F-150 Vehicles from Van Bortel Ford Inc., Under New York State OGS Contract #PC21910, At A Total Cost of $31, BE IT RESOLVED, that the Town Board does hereby authorize the Building Department to purchase the following vehicles under New York State OGS Contract #PC21910: Two (2) 2011 Ford F-150 vehicles from Van Bortel Ford Inc., 7325 Route 96, Victor, NY for $15, each, including delivery charges, for a total cost of $31,383.72; and BE IT FURTHER RESOLVED, that the funds for these purchases are available in the Town of Tonawanda Building Department 2011 Budget. Page Packet 1 Pg. 33

34 5.E Delaware Ave Department: Highway RESOLUTION DOC ID: 6425 Motion: Approve and Authorize William Swanson, Highway Superintendent, to Purchase One (1) New 2011 Chevrolet Impala LS Under New York State Contract #PC65026 from Hoselton Chevrolet at a Cost of $16, DAS. BE IT RESOLVED, that this Town Board does hereby approve and authorize the Highway Superintendent to purchase One (1) New 2011 Chevrolet Impala LS under New York State Contract #PC65026 from Hoselton Chevrolet at a cost of $16, DAS; and BE IT FURTHER RESOLVED, that funds are available in current budget appropriations for this expenditure. Page Packet 1 Pg. 34

35 5.E Delaware Ave Department: Technical Support RESOLUTION DOC ID: 6405 Communication Received from Michael Kaiser, Director of the Technical Support Department, Requesting the Town Board Authorize the Renewal of the Following for Job 2850 : Annual Support for New World System Logos.NET Public Administration from New World Systems for the Period July 1, 2011 to June 30, 2012, At A Cost of $59,700.00, and Authorize the Supervisor to Execute Any Documents Relative to the Renewal. BE IT RESOLVED, that this Town Board does hereby authorize the renewal of the NEW WORLD SYSTEM LOGOS.NET PUBLIC ADMINISTRATION SYSTEM for JOB from NEW WORLD SYSTEMS, 888 West Big Beaver Road - Suite 600, Troy, Michigan , at a cost of $59,700.00; and be it further RESOLVED, the funding for this purchase will come from budgeted funds from the Townwide MIS and Comptroller's Office; and be it further further RESOLVED, that the annual support is for the period July 1, 2011 to June 30, 2012; and be it RESOLVED, that the Supervisor is hereby authorized to execute any and all documents relative to the purchase of the renewal. Page Packet 1 Pg. 35

36 5.E Delaware Ave Department: Technical Support RESOLUTION DOC ID: 6408 Motion: Approve and Authorize the Supervisor to Execute Change Order No. 1 for Job WWTF Substation Upgrade and Roof Replacement, Awarded to Ferguson Electric Service Company, Inc., to Extend the Completion Date from May 7, 2011 to August 5, WHEREAS, Michael J. Kaiser, Director of the Technical Support Department has submitted for approval Change Order No. 1 to Job No WWTF Substation Upgrade and Roof Replacement, awarded to Ferguson Electric Service Co., Inc., 321 Ellicott Street, Buffalo, NY 14203; and WHEREAS, additional time is required to complete the project; NOW, THEREFORE, BE IT RESOLVED, that this Town Board does hereby approve Change Order No. 1 to Job No WWTF Substation Upgrade and Roof Replacement, awarded to Ferguson Electric Service Co., Inc., extending the completion date from May 7, 2011 to August 5, 2011; and be it further RESOLVED, that the Supervisor is hereby authorized to execute Change Order No. 1 to Job No WWTF Substation Upgrade and Roof Replacement, awarded to Ferguson Electric Service Co., Inc. Page Packet 1 Pg. 36