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...,. -.-'
supervisorCounci ImanCouncilmanCouncilmanCOllnc il manCounc ilrmlnCouncilman
CHEEKTOWAGA, NEW YORKAPRIl 3, 1961
ABSENT: -0-
PRESENT: Benedict T. HoltzFelix T. WroblewskiJoseph KorneckiAlancin M. FathMichael J. KaczmarekJoseph M. Trojanosk iStanley R. Bystrak
and be it further
Install: Forty-four (44) 6000 lumen glass units on poles Nos.148, 149, 150, 157-1, 159, 162, 164-1, 165, 166,168-6, 170, 171, 172-1, 174, 175-1, 176, 178-1, 179,180-1, 181, 182-1, 183, 184-1, 185-1, 186, 187-1, 189,190_1,191,192-1,193, 195, 197, 199, 201, 207, 208,211, 214, 216, 218, 220-5, 221, 186-1
Thirty-nine (39) 4000 lumen glass units on Poles No.149, 164-1, 165, 166, 168-6, 170, 171, 172-1, 174,175-1, 176, 178-1, 179, 180-1, 181, 182-1, 183,184-1, 185-1, 186, 186-1, 187-1, 189, 190-1, 191,192-1, 193, 195, 197, 199, 201, 207, 208, 211, 214,216, 218, 220-5, 221
Remove: Five (5) 2500 lumen glass units on poles Nos. 148,150, 157-1, 159, and 162
Item No.6 Councilman Bystrak presented the following resolution and moved
its adoption: RESOLVED, that the New York State Electric and Gas Corporationbe authorized to make the following changes in street lighting in "illiamStreet in the Town of Cheektowaga, from Vern Lane west to the Buffalo City
Line:
Item No.5 Referred to the Health Officer the complaint of the BeverlyHills Association, Inc., in regard to dumping of refuse on Genesee Street in
the vicinity of the Airport Plaza.
Item No.4 Referred to the Petitions Committee the request ofThomas P. Cavanaugh, Jr. for permission to operate a trampoline center at
the Airport Plaza.
Item No.3 Referred to the Assessors, communication from the ClevelandHill Fire District No. 6 requesting that part of Mapleview Drive be re-named. : ~
Item No.2 The Town Clerk advised the Board that a copy of the minutes ofthe previous meeting has been placed on their desk in the Council Chamber.
Also present were: Town Clerk Hanley; Town Attorney Kitzinger;Deputy Town Attorney Delahunt; Chief of police Mersmann; Building & plumbingInspector Trafalski, and ASsessor Kitowski.
Item No.1 At a regular meeting of the Town Board of the Town ofCheektowaga, Erie County, New York, held at the Town Hall in the said Townof Cheektowaga, on the 3rd day of April, 1961, at 2:30 o'clock P.M., Eastern
Standard Time, there were:
MEETING NO.7
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Item No. 6-Cont'~
'~EREA', th~ cost of the work and materials amounted to
- '/
-0-
-0-
ABSENT:
Voting AYEVot ing AYEVot ing AYEVoting AYEVoting AYEVot ing AYEVot ing AYE
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
ABSENT:
and duly put to a vote,
-0-
-0-
NOE":
NOES:
supervisor 1101 tzCouncilman \}roblewskiCouncilman BystrakCouncilmRn Trojano5kiCounc ilman FathCouncilman KorneckiCouncilman Kaczmar~k
-7-
AYl';~: -7-
HE IT RESOLVEn, that the vouch~r of Straco, Inc., in theamount of $347.38 to do the work and furnish the materials be approved and
ordered paid.'econde~ by Councilman Wroblewski and duly put to a vot~, which
result~d as follows:
$347.38.
Supervisor Holtz Voting AYE
Counc ilman Fath Voting AYE
Councilman \Jroblewski Voting AYE
Counc ilman Kornecki Voting AYE
Councilman Kaczmarek Voting AYE
Counc ilman Trojanoski Voting AYE
Councilman Bystrak Voting AYE
AYES: -7- NOES: -0- ABSENT: -0-
AYES:
Item No. 8 Councilm~n Trojanoski presented the following resolution and
moved its adoption:
Remove: Twelve (12) 2500 lumen glass units existing onwood poles Nos. 2, 4, 6; L-lOOl, 1 & 2-1, L-2783;8-8, 8-9. 8-10, 8-11, L-232l, 12-1, 12-2, 12-3,L-2443, and Install on said poles a 6000 lumenglass unit.
RESOLVED, ~hat the New York State Electric and Gas Corporationbe authorized to make the following changes in street lighting in George UrbanBlvd., in the Town of Cheektowaga, from McNaughton east to Union Road:
Item No.7 Councilman Bystrak present~d th~ following r~solution and
mov~d its adoption:
Seconded by Councilman Fath and duly put to a vote, which
resul ted as followsl:
~rnEREA~1 emergency sewpr repairR were required on Huth Roadin Sanitary;ew~r District No. 5 whi,ch r~pairs w~re order~d by the Town
Engineer, and
Remove: Eleven (11) 2500 lumen glass units existing onsteel poles Nos. 9, 10, 11, 12, 13, 14, IS, 16,17, 18 & 19, and Install on said poles a 6000lumen glass unit.
Seconded by Councilman Wroblewski
which resulted as follows:supervisor HoltzCouncilman FathCouncilman WroblewskiCouncilman KorneckiCouncilman KaczmarekCouncilman TrojanoskiCouncilman Bystrak
, (.:)1'
RESOl,VED, that the New York State Electric and Gas Corp.,be authorized to install one (1) 2500 Globe Type light on existing polesituate on the northeast corner of Hyland Drive and Airport Avenue,
•
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-f
,'~
-0-
-0-
.\BSENT:
Voting AYEVoting AYEVotin8 AYr;,V"t i nZ .\YEVoting AYEVoting AYEVoting .WE
ABSENT:
_0_
-0-
NOES:
NOES:
Supervisor HoltzCOHncilmflP \~Troblewski
Councilman BystrakCot1n('ilm~n Troi"lilO~Ki
Councilm~n r.athCouncilman KorneckiCouncilman Kaczmarek
-7-
_7_
AYES:
Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
!.ffiEREAS, the Town of Cheektowaga recently requested bids fromthe local banks for short term investments of Town FUnds, and
Item No. 10 Councilman Kornecki presented the following resolution and
moved its adoption:
I tern No. 11 Moved by Counc i Iman ',JrobI ewski, seconded hy CouncilmanTrojanoski, that the Subdivision map of North Creek Estates heing part ofJots 3 and 11 T 11 R 7, prepared by Nussbaumer Clarke and Velzy, Inc.,:;urveyors and Engineers, dated March 1961, be approved and ordered filedin the Office of the Board of Assessors.
, ,
'..'HEREAS, the bids submitted by the Cheektowaga office of theMarine Trust Company has been deemed the most advantageous.
NOW, THEREFORE,
RESOlVEn, that the Supervisor be and he hereby is authorized
and directed to make this investment accordingly.
BE IT RESOLVED, that the following moneys from the followingaccounts be invested with the Marine Trust Company in accordance with theirproposal dated March 2, 1961, attached hereto. For three (3) months -General Fund _ $240,000; Highway Fund - $120,000; Special District Funds $350,000; for siY (6) months _ General Fund - $160,000; Highway Fund - $00,000;
Special District Fund _ $350,000; and be it further
AYE,,:
\,~ERE~S, the cost of the work and materials amounted to
Seconded by Councilman Wroblewski and duly put to a vote,
which resulted as follows:
BE IT RESOLVED, that the voucher of Straco, Inc., in theamount of $1,578.34 to do the work and furnish the materials be approved and
ordered paid.
$1,578.34.
\MEREAS, emergency sewer repairs were required on Harlem Roadin Sanitary Sewer District No. 3 which repairs were ordered by the Town
Engineer, and
Item No.9 Councilman Trojanoski presented the following resolution and
moved its adoption:
•
supervi<::or Holtz Voting AYE
Councilman Bystrak Voting AYE
Councilman Fath Voting AYE
Counc ilman KaC":zmarpk Votine; AYE
Counci Im"n Kornecki Voting WE
Councilman Trojanoski Voting AYE
Counc ilman l.~frohlews k i Voting AYE
IAYES: _7_ NOES: -0- ABSENT: -0-
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1. That said plans and specifications are hereby approved.
- I-0-ABSENT:-0-
That sealed proposals for the construction of such workby this Town Board in accordance with the following Notice
NOTICE TO CONTRACTORS
Seconded by Councilman Trojanoski.
-7_AYES:
2.shall be receivedto Contractors:
BE IT RESOLVED, as follows:
NOTICE IS HEREBY GIVEN, that pursuant to a resolution of theTown Board of Cheektowaga, Erie County, New York, sealed proposals will bereceived and considered by said Town Board on the 17th day of April, 1961at 7:30 !'.M., E.3.T., in the Town Hall, Broadway at Union Road, Cheektowaga,New York, for furnishin~ material., tools, equipment, and together with alllabor for the construction of approximately 330 square yards of pavement, 160lineal feet of 18-inch, 270 lineal feet of IS-inch storm sewers in GreenwayBoulevard, inclUding receivers, manholes, and other appurtenant work;construction of approximately 4,100 lineal feet of 6-inch diameter water pipeline on Losson Road, including connection to existing water line, hydrants,valves, and other related work; and construction of approximately 925 linealfeet of 12-inch, and 2,150 lineal feet of 10-inch diameter sanitary sewer inNorth Crl!ek Drive, in Sanitary Sewer District No.7, including manholes, wyebranches, riser pipes, siphon chambers, and other related work all located inthe Town of Cheektowaga, Erie County, New York, and in accordance with theContract Documents therefor, including Plans, Specifications, Instructions toBidders, etc., preparedoby Nussbaumer, Clarke & Velzy, Consulting Engineersfor the Town of Cheektowaga, New York, and approved by the Town Board, all ofwhich are on fi Ie with the Town Clerk at his office in the Town Hall, l\roadwayand Union Road, Cheektowaga, New York, where the same may be examined duringthe usual business hours.
\,THEREAS, Local 1026 has represented the employees in the trueAmerican tradition, therefore,
BE IT RE<:OLVEf', that the Town Board r ..co~nize l"ocal 1026 asthe Representative of the majority of the employee••
Item No. 13 Councilman Fath presented the following resolution and movedits adoption:
~IHEREAS, Nussbaumer, Clarke ~ Velzy, Consulting Engineers forthe Town of Cheektowaga, have prepared final plans and specifications forthe construction of storm sewers in Greenway BOUlevard, a water pipe line onLosson Road and a sanitary sewer in North Creek Drive in Sanitary SewerDistrict No.7, and have submitted the same to this Town Board; NO\I, rnEREFORE,
'.!HEREAS, Local 1026 of the American Federation of State,County, and Municipal Employees A.F.l.. -C.I.O. has, for many years, representedthe will of the majority of the employees, exclusive of the uniform forces,and
'..'HF:REAS, the relationship between Local 1026 and the TownBoard has been very amicable, and
Copies of the proposed Contract nocuments, Plans, Specifications, and Instructions to Bidders may be examined at the office of Nussbaumer,Clarke & Velzy, ConSUlting F.ngineer., 327 Franklin ~treet, Buffalo 2, NewYork. One copy of said proposed documents may be obtained upon payment of$30.00. Any hidder, upon returning said Plans and Contract 'locuments in goodcondition, within twenty (20) days following the taking of bids will herefunded the full amount of his deposit; nonbidders will similarly berefunded only one-half the deposit •
Item No. 12 Councilman Kaczmarek presented the following resolution andmoved its adoption:
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Item No. 13-Cont'd.
)1
KENNE11l T. HANLEYTOIlN CLERK
supervisor Holtz Voting AYE
Councilman ',Jroblewski Voting AYE
Councilman Bystrak Voting AYE
Councilman Trojanoski Voting AYE
Councilman Fath Voting AYE
Councilman Kornecki Voting AYE
Councilman Kaczmarek Voting AYE
AYES: _7_ NOES: -0- ABSENT: -0-
DATED: April 3, 1961PUBLISHED: April 6, 1961
No bidder may withdraw his bid within sixty (60) days afterthe date set for the opening thereof, but mav withdraw same at any timeprior to the scheduled time for the opening of bids.
Hereto attached is a copy of the Notice pUblished in the
DEPEI, HERAl>D AND CHEEKTOI'AG.\ NE1JS:
Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
~ach proposal must be accompanied by a certified check for asum equal to five per centum (5%) of the estimated expense of the totalimprovement, payable to the order of the Supervisor, or a bond withsufficient sureties, to be approved by the Supervisor, or a penal sum equalto five per centum (5%) of the estimated expense of the improvement,conditioned that if his proposal is accepted, he will enter into contract forthe same, and that he will execute such further security as may be requiredfor the faithful performance of the contract.
The Town of Cheektowaga, Erie County, New York, reserves theright to reject any or all bids, or to waive any informalities, or to make
an award to other than the low bidder.
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Sworn to before me this. .._ day of
---.- - - ---- ..~.~~ ~: }:.. ~.:_ j.~~_~ _ , 19 _ .
l[~~~
. :\
of the
last inser·
Cheektowaga
News",pew
Repaid and
being duly sworn, deposes and says that he is the
RICHARD G. BENNETT
a newspaper with general circulation in the Towns of
(Affidavit)
PUBLISHER
Cheektowaga ond lancaster, and published ot Depew,
Slip taken from said newspaper, is a copy, was in-
serted and published therein once a week for 1__...week , the first insertion being on the ... k. __~ day
Of~~.,19t.I and the
tion being on the _ ... day of
New York, that notice of which the annexed printed
19 __ ._., and that not more than six days intervened
"·'S;Z:I::zzJft~
} 55.
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STATE OF NEW YORKCOUNTY OF ERIE
Ttem No. 13-Cont'd.
NOTICE TO CONTRACTORSNOTICE IS HEREBY GIVEN,
that pursuant to a 'resolution ofthe Town Board of Cheektowaga,
i ~r't{;'e'eWjm'ilfea V<!\[~en,,!,gl'll! '\'ill!total improvement, payable to thde
. r a bonorder of the SupervIsor, 0 .with sufficient sureties, to be approved by the Supervisor, or apenal sum equal to five per centum (5%) of the estimated e~pense of the improvement. ~ondl-
• r ed that if his proposal IS acc1:;ted, he will enter into c0!1tract
I for the same, and that he Will ex-ecute such further secur;ty a'S mayabe requk-ed for the f31tbful per-
. formanee of the contract. . .I No hidder may withdraw hIS bId
·thin sixty (60) days after the:te set for the opening thereof,Dut may withdraw same at ~nytime prior to the scheduled bmefor the opening of hids.
Dated: April 3, 1961.KENNETH T. HANLEY,
6Town Clerk
ap
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Cheektowaga
Hewsand
PUBLISHER
RICHARD G. BENNETT
""",w
RepaId
(Affidavit)
being duly sworn, deposes and says that he is the
a newspaper with general circulation in the Towns of
Cheektowaga and Lancaster. and published at Depew,
New York, that notice of which the annexed printed
................... . of the
Slip taken from said newspaper, is a copy, was in
serted and published therein once a week for .t...:eek , thast ~:Zn being a~ the c:.ti.. .. day
..~ , 19.t.J, and the last inser·
tian being an the dayaf ................................,
19 _ ,and that not more than SIX days intervened
be6~ubllcatlolr1?~~f-.J/2 \l)t-~
STAlE OF NEW YORK }COUNTY OF ERIE ss.,
1 tern No. 13-Cont' d.
NOTICE TO CONTRACTORSNOTICE IS HEREBY GIVEN,
that pursuant to a resolution ofthe Town Board of Cheektowaga,Erie County, New York, sealed proposals will :be received and, considered by said Town Board on tbe17th day of April, 1961 at 7:30 P.M., E.S.T., in the Town Hall, Broadway at Union Road, Cheektowaga,New York, for furnishing materials, tools, equipment, and togeth~er with all labor for the construe-tiOD of approximately 330 squareyardls of pavement, 160 lineal feetof 18-inch, 270 lineal feet of Ii>-inch storm sewers in GreenwayBoulevard, including recei'Vers.manholes, and other appurtenantwork; construction of approximately 4,100 lineal feet of 6-ineh diameter water pipe line on LossonRoad, including connection to existing water line, hydrants, valves,and other related work; and con~struction of approximately 925 lineal feet of 12·iI1£h, and 2,150 linealfeet of l()"inch diameter sanitarysewer in North Creek Drive, inSanitary Sewe-r District No.7, in·eluding manholes, wye 'branches,riser pipes, siphon chambers andother related work all located inthe Town ()f Cheektowag-a, ErieCounty, New York, and in accordance with the Contract Documentstherefor, including Plans, Specifi..cations, Instructions to Bidders,etc., prepared by Nusshaumer,Clarke & Velzy, Consulting- Engineers for the Town of Cheektowaga,New York, and approved by theTown Board, all of which are onfile with the Town Clerk at hisoffice in the Town Hall, Broadwayand Union Road, Cheektowaga,New York, where the same may be ._... day ofexamined during the usual busi-ness hours.Copies of the proposed Contract -., 19....._.....Documents, Plans, Specifications,I~and Instructions to Bidders may ~be examined at the office of Nuss- _.: _ - .baumer, Clarke & Velzy, Consult· ~,e C nly
l'l ing Engineers, 327 Frarrklin Street, I...Buffalo 2, New York. One copy of ••.~aid proposed documents may ,beobtained upon payment of $30.00. ..I!Any bidder, upon returning said .Plans and Contract Documents ingood condition, within twenty (20)days following the taking of bidswill be refunded the full amountof his deposit; nonibidders will similarly be refunded only one-half;;the deposit. 1
The Town of Cheektowaga, ErieCounty, New York. reserves theright to reject any or all bids. orto waive any informalities, or tomake an award to other than thelow bidder.
Each proposal must be ac.com-panied by a certified check lor asum equal to five per centum (51dof the estimated expense of thetotal improvement, payable to theorder of the Supervisor. or a b9
nd
with sufficient sureties, to be approved by the supe~isor, or apenal sum equal to ftve ppr centum (5%) of the estimated' e~pens'e of the improvement. ~ondIHoned that if his proposal IS aCcepted, he will enter into co~traetfor the same, and that ~e WIn eXecutE" such further secur~t~_as maybe required for the f",wIul per-formance of the contract . .
No bidder may withdraw hIS bidwithin sixty (60) days after thedate set for the opening thereof,but may withdraw same at ~nytime prior to the scheduled tImefor the opening of bids.
Dated: April 3, 1961.KENNETH T. HANLEY,
ap6 ,:"own Clerk
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NOTICE TO BIDDERS
Dated: April 3, 1961
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-0-ABSENT:-0-NOES:
Seconded by Councilman Fath.
-7-AYES:
Hereto attached is a copy of the Notice published in theTlEPEII HERALD AND CHEEKTOlVAGA NEI,'S:
Information for hidders and specifications may be obtainedfrom the Town Clerk at his office in said Town Hall.
KENNETH T. HANLEYTown Clerk
1 BE IT RESOLVED, that' the following Notice to Bidders bepubl ished in the DEPE\I HERALD AND CHEEKTOIIAGA NE\IS, a newspaper having ageneral circulation in this Town:
Sealed proposals will be received and considered by the TownBoard of the Town of Ch,eektowaga on April 17, 1961, at 7:30 o'clock !,.M.,E.S.T., at the Town Hall, corner of Broadway and Union Road, for the furnishing of two (2) election booths.
"HEREA3, the Town Clerk has requested two (2) new electionbooths and has submitted specifications for same,
Councilman Ilroblewski presented the following resolutionand moved its adoption:
I tern No. 14
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Sworn to before me this _ doy of
?K~~:'~t'~~tOry Public in ond for Erie County
NOTICE TO BIDDERSSealed propo~als will ~ reeeiv
ed and considered by the TownBoard of the Town of Chee}{towagaon April 17, 1961, at 7:30 o'clockp,m., E.S.T., at the Town Hall, corner of Broadway and Umon R08.d,for the furnishing of two (2) elec~
tiOll booths.Information for bidders and
specifications may be Dttainedfrom the Town Clerk at hif: officein said Town Hall.
Dated: April 3, 196LKENNETH T. HANLEY,
ap6 Town Clerk
of the
Cheektowaga
News
.. doy of.
Depew
Hepald and
a newspaper with general circulation in the Towns of
slip taken from said newspaper, is a copy, was in
serted and published therein once a week for . ..1.....week the first inserti9n being on the __ 1.::._7'--.. day
of ~iL.L ,19l/ond the lost inser·
tion being on the.
RICHARD G. BENNETT
PUBLISHER
(Affidavit)
Cheektowaga and Lancaster, and published at Depew,
New York, that notice of which the annexed printed
being duly sworn, deposes and says that he is the
19 :,>......-~not more than six d.ays intervened
/' onvtd ~9be~.::1ny~...L ..l:~~~:sr~j~~ _
} 55.STATE OF NEW YORK
COUNTY OF ERIE
Item No. I4-Cont'd.
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Item No. 15 Councilman \Jroblewski presented the following resolution and
moved its adoption:
\fHERR~', many coin operated launderies in other municipalitieshave installed coin-operated dry cleaning units as a part of their service,
andWHEREAS, the solvent which is used to eliminate dirt and
stains in dry cleaning machines is perchlorethylene, is solvent, is toxic,noxious and is a skin irritant, the fumes of which are dangerous and thevapors which may cause serious illness or even death, and
\nlER~O, several manufacturers are taking vast advertisingprograms to stimulate the sale of coin-operated dry cleaning machines, and
~~EREAS, the Cheektowaga Town Board has studied this matterand is of the opinion that local legislation should be adopted as soon aspossible to prevent the introduction of such coin-operated dry cleaningmachines and the use c~ ?erchlorethylene in the Town of Cheektowaga, havingin mind the safety, health and well being of its citizens and realizing thatit is practically impossible to properly control the use of said solvent in
sa id machines.NOH, TI!EREJ>ORE,
BE IT RESOLVED, that the following ordinance be considered
for adoption.
RESOLVED: That the following ordinance, to be known asOrdinance #31 of the Ordinances of the Town of Cheektowaga, Erie County,New York, be adopted pursuant to the provisions of Section 130 of the TownLaw of the State of New York:
1. TITLE. This ordinance shall be known as the Coin operatedDry-Cleaning Ordinance of the Town of Cheektowaga, Erie County, New York.
2. VIOLATIONS OF THE ORDINANCE. No person, firm,or corporationshall install or operate any coin operated dry-cleaning machine in any area,place or building in the Town of Cheektowaga.
3. PENALTY FOR VIOLATIONS. Any person, firm or corporationwho shall violate any of the provisions of this ordinance shall be guiltyof an offense as provided in Subdivision 2 of Section 135 of the Town Law,and upon conviction thereof, may be punished by a fine of not more than$10.00 for the first offense and by a fine of not more than $25.00 for eachsubsequent offense.
4. ORDINANCE NOT APPLICABLE TO VILLAGES OF DEPEW OR SLOAN.The prov1s10ns of this ordinance shall not apply to any area of the Townwithin the Villages of Depew and Sloan.
5. EFFECTIVE DATE. This ordinance shall take effect
immediately.
and be it furtherRESOLVED, that pursuant to Section 130 of the Town Law, this
Town Board shall meet at the Town Hall, corner of Broadway and Union Roadin the Town of Cheektowaga, on the 17th day of April, 1961, at 7:30 o'clockr .M., "astern Standard Time for the pur!,,,se of C01!,idering the adopti,)ll ofthe .(,regoing ordinance, and +I,e Town Clerk is hereby directed tc pUblish thefollowing notice in the 'JEPEIJ HERALJ1 AND QlEEKTO\JAGA NEWS, and theCHEEKTOWAGA TIMES, newspapers published and having a general circulation insaid Town, not less than ten (10) days prior to the date of such hearing •
Supervisor Holtz Voting AYECouncilman Bystrak Voting AYECouncilman Fath Voting AYECouncilman Kaczmarek Voting AYECouncilman Kornecki Voting AYECouncilman Trojanoski Voting AYE
....... 1
Councilman Wroblewski Voting AYE
AYES: -7- NOES: -0- ABSENT: -0-
I Dated: April 3, 1961
NOTICE OF HEARING
and Clover Place;Drive and Merrymont Road;
A'raska Streets.
1 - Town Hall Bulletin Board;2 _ ~-erest Fire Hall-Evergreen Street3 _ Cleveland Hill Fire Hall-Cleveland4 - Rescue Fire Hall-Pine Ridge Road;5 _ Doyle Fire Hall No. 1-I,illiam and
•
Posted as follows on the 7th day of April, 1961:
KENNETH T. HANLEYTown Clerk of the Town ofCheektowaga, Erie County,
New York
Seconded by Councilman Kornecki and duly put to a vote, whichresulted as follows:
1 By order of the Town Board of the Town of Cheektowaga,Erie County, New York.
TAKE NOTICE that the Town Board of the Town of Cheektowaga,Erie County, New York, at a meeting to be held at the Town Hall, corner ofBroadway and Union Road in said Town, at 7:30 o'clock P.N., EasternStandard Time, on April 17th, 1961, will hold a hearing on the matter ofthe adoPt~on of a Coin Operated Dry-Cleaning Ordinance, which said ordinancewould now make it an offense for any person, firm or corporation to installor operate coin operated dry-cleaning machines in any area, place orbuilding in the Town of Cheektowaga, outside of the Villages of Depew andSloan, pursuant to the provisions of Section 130 of the Town Law of theState of New York, and that all persons interested will be then and thereheard concerning the same.
Item No. 15-Cont'd
Hereto attached is a copy of the Notice pUblished in the,EW HERALD AND CHEEKTOlo/AGA NEIlS and the CHEEKTOliAGA TIMES:
1
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NOTICE OF HEARING_ ..... ... at- m:m'" --",..---
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Item No. I5-Cont'd.
STATE OF NEW YORK
COUNTY OF ERIE} 55
(Affidavit)
STATE OF NEW YORK }COUNTY OF ERIE ...TOWN OF CHEEKTOWAGA
WIlLARD C. ALLIS. of the Town of Cheekto-
waga, in said County of Erie, being duly sworn,
deposes and says that he is the publisher of the
Cheektowaga Times, a public newspaper pub-
liabed weekly in said Town; that tbe notiee. of
whieh the aDDexed printed slip. taken from said
newspaper is a copy, was inserted and published
in said paper Once a week for...4:~wee~.. APR 6 1961
first pubheation.APR o 19.6f ,laat publieation ;
and that no more than six days intervened be
tween publleatiolUl.
--;I ~ / _ /1 /;~~!'(2..U~
Sworn to before me tbia.•................••............
APR 24 1961day of ~ 19 .
........ -, // / 1 'I .
................._•..,,:.L/. ;..r' ../._.U...:~ .
Notal.!' Publie in andlfor ErIe Count.!'. N. Y.
EVE J. ALLISNOTARY PUBLIC, ST:l E OF r~EW YORK
QU<llif.ed ill Ffle CountyMy Con.mission [xplt€~ FIoilirh 30, 19 ''';
Registered No. 5029
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Il C,.J '
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Item No. 15-Cont'd.
STATE OF NEW YORK } 55.,
COUNTY OF ERIE
(Affidavi t)
fU··~ii."'f· ...~or ..•
- Board of tile Town of. ClIeekto-waga, Erie County, N.... York, ata meeting to be held at tile TownHall, corner of Broadway andUnion Road in said Town, at7:30 o'clock P.M., Eastern Standard Time, on April 17th, 1961,will hold a hearing on the matter of the adoption of a CoinOperated Dry - Cleening Ordinance would DOW' make it an ofafense far any person, firm ""eorpoo-aUoo to instan or opet'atecoin operated dry-eleaning maehines in any area) place orbuilding in the TowI1 of Cheektowaga, oulside 01. the ViJlageaof. lkpew and Sloan, pursuantto the provisions of lil'etioll 130of the Town Law of the Stateof New Yorl<, and that all __80ns interested will be thell andthere be heard coneerning tile_.
By Order of the Town Boardof the Town of Cheektowaga,Erie Coullty, New Yorl<.Dated: April 3, 1961
K»mETH T. HANLEyTown Clerk of the Town ofCheektowaga, Erie County,New York.
(Pub: APt"il 6)
Item No. IS-Cont'd .
Sworn to before me this day of
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" '~').- L~/~~v--- .'. ~......----_ - _........•••....._ ---_ .
Notary Public in and for Erie County
n r"",.J '
of the
Cheektowaga
and Hews"""wHerald
PUBLISHER
a newspaper with general circulation in the Towns of
Cheektowaga and Lancaster, and published at Depew,
New York, that notice of which the annexed printed
slip taken from said newspaper, is a copy, was in
serted and published therein once a week for ...../ ....
week, the first insertion being on the .....~..d ..-day
of ...?~;L,19~/ and the last inser·
tion being on the .... ..... day of ....
19....._..... , and that not more than six days intervened
be=ee~L:::)I;~f1.
RICHARD G. BENNETT
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being duly sworn, deposes and says that he IS the
} 55STATE OF NEW YORK
COUNTY OF ERIE
NOTICE OF HEARINGTAKE ;;0TIC1<: that the Town
Board of the Town of Cheektowaga, Erie County: New York, at a .meeting to Ibe held at the TownHall, ·corner of Broad'Wayand Union Road in sain Town. at 7:30o'clock P. M_, Eastern StandardTime, on April 17th, 1961, will holda hearing on the mattf'r of the ,adoption of a Coin Operated Dry·Cle::tning Ordinance, which saidordinance· would now make it anoffen~e for any ner~on, firm orcorporation to ins-tall or operatecoin operated dry~cleaning machines in any area, place or buildingin the Town of Cheektow3'!3, outside of the Villages of Depew andSloan, pursuant to the nrovisionsof Section 130 of the Town Lawof the State of New York, andthat all Dersons interested will bethen and there heard concerningthe same.
By Order of the Town Board ofthe Town of Cheektowaga, ErieCounty, New York.
Dated: April 3, 1961.KENNETH T. HANLEY,Town Clerk of the Town ofCheektowaga, Erie County,
ap6 New York
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Item No. 16 This bein~ the time and the place advertised for a pUblichearing on the matter of the adoption of a Refuse and Garbage CollectionOrdinance for the Consolidated Refuse and Garbage District of said Town,which said ordinance would make it an offence for any person, firm, orcorporation to rummage into, pick up, collect. move, or otherwise interferewith any discarded articles or materials placed within the right-of-way ofany pUblic street, road, or highway of the Town of Cheektowaga within theConsolidated Refuse and Garbage District and outside the Villages of Depewand Sloan, pursuant to the provisions of Suhdivision 9 (d) of Section 198 ofthe Town Law.
The Town Clerk presented proof that the Notice of Hearing hasbeen dUly published and posted as required by law.
The Supervisor announced that the Board would hear all personsinterested in the subject of the hearing, and no person appearing inopposition thereof, the following resolution was offered and adopted:
Councilman wroblewski offered the following resolution andmoved its adoption:
IlliEREA.3, a hearing has been duly held by this Town Board,pursuant to notice thereof duly published as required by law, concerning thematter of the adoption of a Refuse and Garbage Collection Ordinance for theConsolidated Refuse and Garbage District of this Town, in which all personsinterested were given an opportunity to be heard, and after due considerationconcerning the same; NOW, THEREFORE, be it
RESOLVED: That the following ordinance, to be known asOrdinance #30 of the Ordinances of the Town of Cheektowaga, Erie County,New York, be adopted pursuant to the provisions of Subdivision 9 (d) ofSection 198 of the Town Law;
1. TITLE. This ordinance shall be known as The Refuse andGarbage Collection Ordinance of the Town of Cheektowaga, Erie County, NewYork •
2. VIOLATIONS OF THE ORDINANCE. No person, firm orcorporation shall rummage into, pick up, collect, move, or otherwise interferewith any discarded articles or materials placed within the right-of-way of anypublic street, road or highway of the Town of Cheektowaga within the limits ofthe Consolidated Refuse and Garbage District thereof, placed upon such rightof-way for collection by the said Consolidated Refuse and Garbage l1istrictwhether or not such discarded articles or materials shall be in receptacles,other than the authorized employees of the Town engaged in the collectionwork for said District, and any such rummaging into, picking up, collecting,moving, or interfering with such discarded articles or materials shallconstitute a violation of this ordinance.
3. PENALTY FOR VIOLATIONS. Any person, firm or corporationwho shall violate any of the provisions of this ordinance shall be guilty ofan offense as provided in Subdivision 2 of Section 135 of the Town Law, andupon conviction thereof, may be punished by a fine of not more than $10.00for the first offense and by a fine of not more than $25.00 for eachsubsequent offense.
4. ORDINANCE NOT API'LICARl.E TO VILLAGES OF DEPEW OR "LOAN •The provlslons of this ordinance shall not apply to any area of the Townwithin the Villages of Depew or Sloan,
5. EFFECTIVE DATE. This ordinance shall take effectimmediately.
and be it further
{\ .-~j (
-0-ABSENT:-0-NOES:
posted as follows on the lOth dayof April, 1961:
1 _ Town Hall Bulletin Board.
-7-AYES:
Hereto attached is a copy of the Notice pUblished in theDEPEIJ HERALD AND CHEEKTOWAGA NE\JS and the CllEEKTOHAGA TIMES:
Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
RESOLVED, that the foregoing ordinance shall be enteredin the minutes of this Town Board, published in the DEPEW ~ERALD ANDCHEEKTOWAGA NEWS and the CHEEKTOWAGA TIMES, newspapers published andhaving a general circulation in said Town, and a printed copy thereofposted on the sign board maintained by the Town Clerk, pursuant toSubdivision 6 of Section 30 of the Town taw, and affidavits of such publication and posting shall be filed with the Town Clerk.
Item No. l6-Cont'd •
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deposes and says that he is the publisher of the
EVE J. ALLISNOTARY PUBLIC. STATE OF NEW YORK
QualifIed ii1 Ene county,."My CommIssIOn Expires March 30, 19
Rqistered No. 5029
wag., in said County of Erie, being duly 8~orn.
WILLARD C. ALLIS. of the Town of Cheekto-
STATE OF NEW YORK }COUNTY OF ERIE ...TOWN OF CHEEKTOWAGA
Cheektowaga Times, a public newspaper pub.
Ii8hed weekly in said Town; that the notice, of
which the annexed printed slip. taken from said
(Affidavit)
tweeD pDblicatioDS.
newspaper ill a COPY. was inserted and published
in said paper ODce a week for.....~.wee~:
" APR 6 1961fir&t publicatioD :
" APR 6 1961last publicatioD ............•....................................... ;
and tb&t no more than six days intervened be--
Sworn to before me tbia..••..........•...••............
APR 24 1961day of _ 19 ..
................E.".YU...J.,..C~......Notary Publie in aDlfor Erie County, N. Y.
--....
STATE OF NEW YORK
COUNTY OF ERIE
DY we Town t ~,uuaru 1Il<llltL.amen S' division 15' ;:;;,
__ Clerk, purs1],ant 12..,..}l~ .. "-._- .•..
Item No. 16-Cont'd •
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·COUll...... W................t'd the following resolutioh lndmoved it... adoption:
WHEREAS, a hearing has beenduly held by this Town Board,pursuant to nOLice thereof dulypublished as required by law,concerning the matter of theadoption of a Refuse and Gar·bage Collection Ordinance forthe Consolidated Refuse and Gall"·bage District of this Town, inwh.ich all persons interested weregiven an opportunity to be heard,and after due consideration con·cerning the same; NOW THEREFORE, be it~LVElD: That the follow
ing ordinance, to be known a"Ordinance No. 30 of the Ordin·ances of the Town of Cheekto·waga, Erie County, New York, beadopted pursuant to the provisions cf Subdivision 9 (d) of Section 196 of the Town Law:
1. TITLE: Thi.s ordinance shallbe known as The Refuse andGarbage Collection OI'dinance ofthe Town of Cheektowaga, ErieCounty, New Yorl:.
2. VlOLATIOMl OF THE OR·
~~~~~ ~halr::=~:~int~pick up, collect, move, or otherwise interfece with my discarded articles or materials placedwithin the righklf-way of anypublic street, road or highwayof tbe Town of Cheektowagawithin the limits of the Consolidated Refuse and Gachage Dia"riet thereof, placed upon suchright-of-way for collectton by thesaid Consolidated Refuse andGerbage District, wbether lYr notsuch discarded articles or materials shall be in receptacles, other than the authorized employees of the Town engaged in thecolleeti<>n wort: for said District,and any such rummaging into,picking up, collecting, moving, or'interiedng with such discardedarticles or materials shall constitute a violation ()f this ordinance.
3. PENALTY FOR VIOLATIONS. Any person, firm or corporatWn who shall viohKe anyof the provisi..... of this ordinance shall be guilty of an offenseas provided in Subdivision 2 ofSection 135 of the Town Law,and upon conviction thereof, maybe punished by a mne 0( notmore tllan $10.00 for the firstoHense and by a fine of notmore than $25.00 for each subsequent offense.
4. ORDINANCE NOT APPLICABLE TO VILLAGES OF DEPEW OR SLOAN. The provisionsof this ordinance shall not applyto .any area of the Town withinthe Villages of Depew or Sloan.
5. EFFECTIVE DATE. This ordinance shall take effect immediately.
-and be it furtherRESOLVED, that the forego
ing ordinance shall be entered inthe minutes of this Town Board,published in the DEPEW HERAlJ) & CHEEKTOWAGA NEWSand the CHEEKTOWAGA TIMES,newspapers published and havinga general circulation in saidTown, and a printed copy thereof posted on the sign board maintained by the Town Clerk, purs.uant to Subdivision 6 of Section30 of the Town Law, and affida•vits of such publication and posting shan be med with the TownClerk.
Seconded bI, Councilman Tn>
~~~irea:JtedU~¥~Jo~s:" voteCouncilmall Wl"oblewski voting
aye.Councilman Kornecki voting
ay•.Councilman Fath voting aye.Councilman Kaczmarek: voting
aye.Councilman Trojanoski voting
aye.councilman Bystrak voting aye.Supervisor Holtz voting a)"e,CARRIED: AYES: -7-
Dated: April 3, 1961STATE OF NEW YORK 1ERIE COUNTY 1OFFICE OF THE CLERK lSI.OF THE TOWN OF 1CHEEKTOWAGA 1
This is to certify that t, Ken·neth T. Hanley, Clerk of theTown of Cheektowaga, in the saidCounty of Erie, have comparedthe foregoiDg copy O'f resolutionwith the original resolution nowon file at this office, and which
~1::::'l.rb1;~:J0wn B':~~C<JUety 0( ltIW, .. ~., lMI,
:: ~~·t~~~..r; ~ s~~or:reietinal ft'<:'Olutjoll a'nd thE' \\'hO~tbrft'of.
(SL\LlIn Witness Whrreof, 1 have
hereunto set my hand and affixed the seal of said Town thisApril 3. 1961.
KENNETH T. llAl"LEY,Clerk of the Town Board,Town of Cheeklow<lga,New York.
(Pub: April 6)
of the
Cheek.towaga
Hewsand
PUBLISHER
said newspaper, is a copy, was in-
!
RICHARD G. BENNETT
o.",w
Repaid
(Affidavi t)
day of
19 _., and that not more than six days intelVened
~~~~~:I~Cr~:~::"~L ./. /
serted and published therein once a week for
week , the first insertion being on the ...?..~.'l .. day
of ..{~~£ .. , 19.1:!. and the lost inser·
tion being on the.. .. day of. .. .
slip taken from
Cheektowaga and Lancaster, and published at Depew,
New York, that notice of which the annexed printed
being duly sworn, deposes and says that he is the
'. a newspaper with general circulation in the Towns of!!II
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Sworn to before me this._
STATE OF NEW YORKCOUNTY OF ERIE
"~""""'!\f,,~·C;·r;rrk·l;:-/......-. - _..........••..•.........~-~ ..-:
otory Public in and for Erie County
lJuaru m3111Ullflea lJy tnc TOwn tClerk, pursuant to Subdivision ~:of Section 30 of the To,....n Law. and 11affi~avits of such ~uhlicat~on and t
. postmg shall be flIed wIth theTown Clerk.
Seconded by Councilman Troja- rnoski and duly put to a vote which .-resulted as follows: \-Councilman Wroblewski, f.
voting Aye ItCouncilman Kornecki. voting Aye l w
Councilman Fath. voting Aye :sCouncilman Kaczmarek, 'fp
voting Aye,Councilman Trojanoski, voting Aye ..Councilman Bvstra'k, voting AyeSupervisor Holtz. voting Aye
Carried: AYES: -7Dated: April 3. 1961.
Slate of New YorkErie County ) SIS:Office of the Clerk of the)Town of Cheektowaga )
This is to certify that I, KENNETH 'P. HANLEY, Clerk of the'Town of Cl'Jeektowag"a, in the said ~County of Erie, have comoared the -;foregoin~ COpy of resolution with Sthe original resolution now on file .at this offiee. and which was pass- ited hy the Town Board of the Town .of Cheektowaga in said County ofErie, on April 3, 1961, and that the$ame is a correct and true transcript of such orig-inal re£olutionand the whole thereof. .
In Witness Whereof, Ihavenereunto set my hand
(seal) and ·affixed the seal of said 'Town this April 3, 1961.
KENNETH T. HANLEY,Clerk of the Town Board, Town ofap6 Cheektowaga, N. Y.
Item No. 16-Cont'd.
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of the
a copy I was in-
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Cheekto....aga
Hewsand
PUBLISHER
notice of which the annexed printed
RICHARD G. BENNETT
"'p'w
Herald
(Affidavit)
serted and published therein once a week for
week, tre first ins~rti~n being on the? ..~ ... day
of l~/f,,£.i; , 19k1, and the last inser·
tion being on the. ... day of ....
Cheektowaga and Lancaster, and published at Depew,
New York, thot
being duly sworn, deposes and says that he is the
STATE OF NEW YORK }COUNTY OF ERIE ss.,
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1I0TICE OF ADOPTIONCouncilman Wroblewski offered
the fo-llowing resolution and mov~
ed its adoption:WHEREAS, a hearing has been
duly held by this Town Board, pur'suant to notice thereof duly published as required 'by law, con'Cerning the matter of the adoption ofa Refuse and Garbage CollectionOrdinance for the Consolidated Re·fuse and Garbage District of thisTown, in which all persons interested were given all' opportunityto ,be heard, and after due consid~E:ration concerning the same;NOW, THEREFORE, 'be it
RESOLVED: That the followingcrdinance, to be known as Ordi- a newspaper with general circulation in the Towns of
[Ianee #30 of the Ordinances ofthe Town of Cheektowaga, ErieCounty, New York, 'be adoptedpursuant to the provisions of Subdivision 9(d) of Section 198 of tbeTown Law:1. TITLE. This ordinance shall slip taken from said newspaper, is
be known as The Refuse and Garbage Collection Ordinance of theTown of Cheektowagga, Erie Coun~
ty, New York.2. VlOLATlONS OF THE OR
DINANCE. No person, firm or corporation shall rummage into, pickup, 'collect, move, or otherwise interfere with and discarded articlesor materials placed within therigbt-of-way of any public S'lreet, 19 , and that not more than six days intervened
road or highway of the Town of -~-Cheektowaga within the limits of b,efWeen any 0 PUbilCrt ns ~heof.tbe Consolidated Refuse and Gar- " '/bage l?istrict thereof, place~ upon -.. w~~1 r .. j 1-; ~ 7I?:ueh rlght-of~way for collectIon by ./ ~ ~ - -- .....-.-----
the said Consolidated Refuse andGarbage DiS'lrict, whether or notsuch discarded articles or mater-ials shall be in receptacles, otherthan tbe authorized employees of - day ofthe Town engaged in the 'Colleetion
1 work for sai~ D.istrict,. at;d any 19,--' such rummagmg molo, plckmg up, --_.._-..-
collecting, moving, or interfering - f • /with such discarded articles or ~-_.-..materials shall constitute a viola--eC'·-· "ty----- ..._-_....
• tion of this ordinance. aun
, ,1;.P:~~i~~Ro~~~~~~~;~ I~ who shall violate any of the pro· .
visions of this ordina~e shall be '"guilty of an offense as provided .~in Subdivision 2 of Section 135 of "tbe Town Law, and upon eonvrelion thereof, may -be punished 'by a fine of not more than $10.00 forthe first offense and Iby a fine ofnot more than $25.00 for eacbsubsequent offense.
4. ORDINANCE NOT APPLIC·ABLE TO VILLAGES OF DEPEWOR SLOAN. The provisions of thisordinance shall not apply to anyVfea of the Town within the Villages of Depew or Sloan.
5. EFFECTIVE DATE. This or·dinance shall take effect immediately.and he it further
RESOLVED. that the foregoingordinance shall be entered in theminutes of this Town Board. published in the Depew Herald &Cheektowaga News and The Cheek·towaga Times, newspapers pub·lished and haying a general circulation in said Town, and a print~cd COpy thereof p05:ted on the signboard maintained by the TownClerk. pursuant to Subdivision l5of Section 30 of the To\vn Law. andaffidavits of such fluhlication andpo~tin~ shall be filed with theTown Clerk.
Seconded by Councilmrln Trojanoski and duly put to a vote whichresulted as follows:Councilman ",~roblewski,
voting AyeCouncilman Korneeki. voting AyeCouncilman Fath. voting AyeCouncilman Kaczmarek,
votinl{ AyeCouncilman Trojanoski, voting AyeCouncilman Bvstra-k. voting AyeSupervisor Holtz. voting Aye
Carried: AYES: ·7Dated: April 3. 1961.
State of New YorkErie County ) ss:Office of the Clerk of the )'fown of Chpcktow~g1. )
This is to certlfv that I. KENNETH T. HANLEY. Clerk of theTnwn of ('h~('ktowaga, in the saidCounty of Erie, have romnared theforet:!oin!! cony of re'iolution withthe original resolution fleW] on fileat this office. and which wao;: oassed by the Town Board of the Townof Cheektowal!a in ~aid county ofErie, on April 3. 1961. and that thesame is a correct and true tran·script of F1.1rh origin::!] resolutionand the whole thereof.
In Witnes<;: Whereof, 1have hereunto set my hand
(seal) and affixerl the 'fal of saidTown this April 3, 19fH.
KENNETH T HANLEY,Clerk of the Town Board, Town ofap6 Cheektowaga, N. Y.
Item No. 16-Cont'd.
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That the following claims be approved as presented:
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KENNETH T. HANUYTowR Clerk :/
/,,~ ...J~.f' 0
Nos. 4041 to 4116 inclusive1169 11871469 1498
445 448260 I,
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NOES: -0- ABSENT: -0-
Moved by Councilman Kornecki, seconded by Councilman Kaczmarek,
SEAL
AYES: -7-
Item No. 20to adjourn.
The bid was ordered referred to the Chief of Police.
General FundHighway FundSpecial DistrictsPart Town FundC & 1
Item No. 19 The following resolution was moved by Councilman Kornecki andseconded by Councilman Bystrak:
Item No. 18 Ordered received and filed communication from the Buildin~Inspector dated April 3, 1961 and March 21, 1961, approving various buildingpermit applications.
The Town Clerk advised the Board that only one bid hasbeen received and that was the bid of the Buffalo Harley Davidson Companyin the amount of ~3,693.00.
Ihe Town Clerk presented proof that the Notice to Biddershas been duly published as required by law.
Item No. 17 This being the time and the place advertised for thereceiving of sealed proposals for the purchase of one (1) 1961 solomotorcycle and one (1) 1961 Servi-Car for use in the Police Department •
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Town
-2-
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYE
Councilman
..-::upervisorCouncilmanCouncilmanCouncilmanCouncilmanCouncilman
CHEEKTO\)AGA, NEW YORKA"RIL 17, 1961
-0-NOE" :
Councilman FathCoune ilman \1roblewskiCouncilman KaczmarekCouncilman TrojnnoskiCouncilman Bystrak
Ordered referred to the Town Board communication from theOwner's Association relating to conditions at the Cheektowaga
ABSENT: Joseph Kornecki
PRESENT: Benedict T. Holtz *Fe lix To \irobl ewskiAlancin M. FathMichael J. KaczmarekJoseph M. TrojanoskiStanley R. Bystrak
-5-AYE~:
"cconded by Councilman Kaczmarek and duly put to a vote, which
resulted as follows:
Item No.4Town P"rk HomeTown Park.
Item No.3 Ordered referred to the Town Attorney the request of theBellevue, South Line and Doyle #1 Volunteer Fire Companies, that theirfranchise fee for baseball be paid by the Town of Cheektowaga.
Item No.6 Ordered received and filed communication from the BuildingInspector approving various applications for building permits.
Item No.5 Referren to the Chairman of the Petitions Committeecommunication from the Maryvale School System relating to premises at theintersection of Union Road and Farmingdale Road.
RESOLVED, that the supervisor be and he hereby is authorizedto order four (4) Design 1348 Street l,ighting Standar<1•• and three (3) !1esignY-J9 Street Lighting Standards from \iestin~house Electric Corporation, to bedesignated for replacement purpos~s.
* Benedict T. Holtz was excused from the meeting after the
Item No.7 Councilman Bystrak presented the following resolution and
moved its adoption:
Item No.2 The Town Clerk advised the BOl'lrd that a copy of the minutesof the previous meeting has been placed on their desk in the Council Chamber.
Also present were: Town Clerk Hanley; Town Attorney Kitzinger;Deputy Town Attorney Delahunt; Town Engineer Kamm; General Foreman Banko;Lieut. Graham; Building & plumbing Inspector Trafalski; Justice of the PeacePyszczynski, and Assistant Engineer Norman.
roll call.
Item No.1 At a regular meeting of the Town Board of the Town ofCheektowa~a, Eri~ County, New York, held at the Town Hall in the saidof Cheektowaga on the 17th day of April, 1961, at 7:30 o'clock P.M.,Eastern Standard Time, there were:
MEETING NO.8
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2 Swing Sets with 2 belt seats @ $ 88.50 per set
2 swing Sets with 3 belt seats @ 108.00 per se.t
1 Fiber Glass Elephant slide @ 265.00
1 4-unitSee-S aw @ 121.00
2 Single Post Backstops @ 79.00 per backstop
$937.00
NOES: -0- ABSENT: -2- '.:>
-5_AYES:
~econded bv Councilman IJrobl p.wski and duly put to a vote,
which resulted as follows:
RESOLVED, that certified copies of this resolution be sentby the Town Clerk to the Pnited States Po"tmaster at Buffalo, New York,and to Congressman John pillion and Congressman Dulski, with the requestthat the change herein set forth he made.
1\E IT RESOLVED, that the United "tates Post Office 'Jepartmentbe and it hereby is requested to chan~e the post office designation of allthe postal zones within the Town of CheektOl<aga from '1\ufl'ald' to '\':heektowaga,"
and be it further
'.:HEREAS, some moneys are not beinl! received because theinsured property's location is given on the policies as Ruffalo instead ofCheektowaga, by reason of the fact that All of the United States l'ostalZones within the limits of the Town of CheektowAg3 are designated by thePost Office Department to be in Buffalo; NOIJ, THEREFORE,
\.~EREAS, under Sections 553 and 554 of the New York StateInsurance Law, a portion of the gross premiums received by forp.ign and alienfire insurance corporations insuring properties within those areas of theTown in which volunteer fire departments have been organized, is required tobe paid to the fire companies therein, and
Item No. 10 Councilman Kaczmarek offered the following resolution and
moved its adoption:
Mr. St~nley :.'alczak, Hi11iam Str"et, spoke in favor.
Mr. R. E. VanHorn, representing the :,'hirl Pool \lashingMachine Company, spoke in opposition to the proposed ordinance.
The Town Clerk presented proof that the Notice of Hearinghas been duly pUblished and posted as required by law.
The Chairman announced that the Board would hear all persons
interested in the subject of the hearing.
The Chairman ordered the hearing closed, and that the
decision be reserved.
AYES: -5-
Item No. q This being the time and the pl,ce advertised for. publichearing on the matter of the adoption of a Coin Operoted Dry-CleAnin~0rdiroflnco?, whicr ~1id Ol'dinance woulrt now make it an off~nse for anyper50n, firm or corporation to install or operate coin operated dry-cleaningmachines in any area, place or building in the Town of Cheektowaga, outsideof the Villages of Depew and Sloan, pursuant to the provisions of ~ection
130 of the Town Law of the State of New York.
Item No.8 Moved by Councilman Kaczmarek, seconded by Councilman\.Jroblewski, that the Recreation i)irector be authorized anil directed topurchase the following named equipment for use in Nakomis Park:
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KENNE T\l T. HANLEYTown Clerk
Town of Cheektowaga, New York
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It~m No. 11 r,ouncilmen Kaczmarek presented the following resolution
and moved its adoption:
I '.'HERE.A.S, the Parks P"partment has notified the Town Boerdthat they ar~ in need of one (1) l'ortable Roller with Trailer Conveyance,
be it,1 IRF.:01 VE". that this request be granted and that the TownCleek b" direct"d to 'publ ish the annex"d NOTlr,;: TO l\InnER? in the 11El'E')HERALD P.W) C11EEKTnlJAGA NEIlS, having a circulation in the Town ofC/,,,ektowaga, in connection with the said Fortable RollPe, and be it
further RESOLVED, that the Town Board meet on thf' 1st day of May,1961, at 2:30 o'clock 1'."., Eastern Daylight 'iaving Time, at the TownHall, Broadway and Union Road, Cheektowaga, New York, for the purpose ofreceiving sealed hids at which time they will be publ icly opened by theTown Board at a public meeting called for that purpose.
Seconned by Councilman Fath and duly put to a vote, which
resu~ted as follows:Councilman ~\'roblewski Votin~ AV':
Councilman Bystrak Voting .\YE
Councilman Kaczmarek Voting AYE
Co~'n("ilm~n Fath Voting AYE
Counc ilman Trojanoski Voting AYE
AYES: -5- NOES: -0- ABSENT: -2-
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NOTICE TO BIDDERS
The Town of Cheektowaga hereby requires separste sealed bidsfor one (1) Portable Roller with Trailer Conveyance for use in the Parks
Department.Th~ detailed specifications may be examined at the office of
The Town Clerk, where the same are on file.
Copies of the specifications are made available for allprospective bidders. Sealed bids must be received not later than 2:30o'clock P.M.~ Eastern Daylight Saving Time on May I, 1961, at which time theywill be publicly opened hv the Town Board at a public meeting called for thatpurpoke to be held at the T~wn Hall, corner of Union Road and Broadway,
Cheektowaga, New York.
The Town of Cheektowaga reserves the right to reject any, and~ll bids, or to waive technical def"cts in bids if it be in the public interestof the Town of Cheektowaga to do so.
this notice is to be published by direction of the Town Board
of the Town of Cheektowaga, Nei York.
Dated: April 17, 1961
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Hereto attached is a copy of the Notice published in theDEPE\; HERALD AND CHEEKTO\;AGA NE\;S:
Sworn to before me this day of
~"" 1 ~ J961
·••··•••·.··.··~ •••••;Z '..~:_.:.Notary Public in and for Erie Cou
of the
Cheektowaga
Hewsand
. day of ..
D<pew
Herald
PUBLISHER
(Aff idavit)
RICHARD G. BENNETT
19 , and that not more than six days intervened
between (;my two publications \flereof. ~',-" ' It_ / . / ,...,..1 I l ( -r" < /A ./;1/
....__ ..1.. .._:: __ .....c __ •••••~•••••••• - ••••-.-- ••••••:.-!---J";_...-.---:.:.";-~..... ------..--.
tion being on the .-_...
slip taken from said newspaper, is a copy, was in·
serted and published therein once a week for . .f ... __week , the first insertion being on theJ..(/i!i doy
of. .l~/'t.iL./,19?./. and the last inser·
Cheektowaga and Lancaster, and published at Depew,
a newspaper with general circulation in the Towns of
New York, that notice of which the annexed printed
being duly sworn, deposes and says that he is the
} ss"STATE OF NEW YORKCOUNTY OF ERIE
NOTICE TO BIDDERS
The Town of Cheektowaga hereby requires separate sealed bidsfor one (1) portable Roller withTrailer Conveyance for use in theParks Department.
The detailed specifications maybe examined at the office of theTown Clerk, where the same areon file.
Copies of the specifications aremade availallie for all prospective'bidders. Sealed bids must be received not later than 2:30 o'clockP.M.• Eastern Daylight Saving 'funeon May I, 1961, at which time theywill be publicly opened Ily theTown Board at a public meetingcalled for that purPOSe to be heldat the Town Hall, comer of UnionRoad and Broadway, Cheektowaga,New York.
The Town of Cheektowaga reserves the right to reject any, andall bids, or to waive technical defects in bids If it be in the publicinterest of the Town of Cheektowaga to do so.
This notice is to be publlsbed bydirection of the Town Board of theTown of Cheektowaga, New York.DATED: April 17, 1961
!KENNETH T. HANLEY,ap20 Town Clerk
Item No. II-Cont'd .
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NO'.I, THEREFOR£<;,
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1. The Board of l1ealth of the Town of Cheektowagawill issue a permit for the installati.on of theequipment set forth in the application by theCompany presently on file with that Board.This permit will be issued as of the Roard'smeeting on Tuesday, April 4, 1961.
BE IT RESOlygD, that the following agreements arrived at, ata meeting of representatives of the U. S. Rubber Reclaiming Co., Inc., andrepresentatives of this Town, held on Thursday, March 30, 1961, he confirmedand the Town Attornev And Supervisor be and they hereby are authorized tocarry into effect said agreements within their duties as such officers of
this Town:
Councilman Bystrak Voting AYE
Councilman Fath Voting AYE
Councilman Kaczmarek Voting AYE
Councilman Trojanosk i Voting AYE
Councilman 1.lroblewski Voting AYE.
AYE., ; -5- NOES: -0- ABSENT: -2- ~~ ~
Councilman Bystrak Voting AYE
Councilman Fath Voting AYE
Councilman Trojanoski Voting AYE
Councilman Wroblewski Voting AYE
Councilman Kaczmarek Voting AYE
~ "NOES: -0- ABSENT: -2-
~
AYES: _5_,-
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Item No. 14 Councilman Kaczmarek offered the following resolution and
moved its adoption:
Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
RESOLVED, that the Sanitation Department be authorized tohave 100 posters painted and distributed concerning the same.
Seconded by Councilman Bystrak and duly put to a vote,which
resulted as follows:
RESOLVED, that the annual clean up, paint up and fix upcampaign for Cheektowaga be held from May 1 to May 12, 1961, excludingSaturday and Sunday, May 6 and 7, and be it further
Item No. 13 Councilman Wroblewski presented the following resolution and
moved its adoption:
RESOLVED, that this ordinance be pub1 ished in the DEPEII I1ERALDand the CI1EEKTOIJAGA TIMES, and that the cooperation of all dog owners isherewith requested to alleviate said hazard and nuisance.
BE IT RESOLVED, that the Town Dog Ilardens be and they arehereby directed to enforce to the fullest that Town Ordinance having to do
with dogs, and be it further
ImEREAS, the loss to taxpayers resulting from damage toshrubs, trees and flowers, is reported to be considerable.
ImEREAS, it has been brought to the attention of this Councilthat the problem of loose and stray dogs again roaming Town streets, oftenin packs, present a hazard to the safety of our children, .and
Item No. 12 Councilman Kaczmarek presented the following resolution and
moved its adoption:
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Item No. 14-Cont'd •
-2-ABSENT:-0-NOE":-5-
Councilman Bystrak Voting AYECouncilman Fath Voting AYECouncilman Kaczmarek Voting AYECounci lrnan Trojanoski Vot ing AYECounc Uman 1,Jroblewski Vot ing AYE
AYES: _5_ NOES: -0- ,\BSENT: -2-I~
llE IT RESOLVED, that thp. Supervisor be, and hehereby is authorizp.d and directed to make payment in the amount of $4,500.00to Mr. and Mrs. Konsek and to accept a deed therefor on behalf of the Townof Cheektowaga, and be it further
\iHERE4S. Mr. and Mrs. Konsek have agre"d to sellthis property to the Town of Cheektowaga for the sum of $4,500.00.
NOW, TIIEREFORE.
Seconded by Councilman Trojanoski and duly put to
a vote, which resulted as follows:
5. That the Town Boards and the Company will makeevery effort to cooperate each with the otherin an atmosphere and spirit of good will.
4. If, after the installation of the equipmentcovered by the permit. the Air Pollution Board •Health Board, or Town Board, after consultationwith its expert in such matters, justifiablyfeels that any additional, reasonable andpracticable air pollution control equipment isnecessary to the reasonable operation of theplant, it will notify officers of the Companyand conduct reasonable discussions and
negotiations with the Company before institutingany further litigation either against theCompany, its officers, or employees.
3. All litigation presently existing between theTown and the Company or any officers or employeesof the Company will be disposed of by stipulationwithout prejudice or cost to either party or byargument as the case may require.
2. On receipt of the permit the Company will orderthe equipment from the Buffalo Forge Companyand op receipt of the same will install it asexpeditiously as possible. A copy of theCompany's order form will be forwarded to theTown Attorney.
RES Ol.VEn, that the Town Attorney be and he herebyis directed to make all necessary arran~ements to acquire good title to thepremises and to record the same in the Erie County Clerk's Office.
\iHEREAS, it is necessary to acquire 2.979 acres ofland ad~oining the Creek from John M. Konsek, Jr., and Florence H. Konsek,his wife, in accordance with survey attached hereto, and
~iHEREA.S, th" Town of Cheektowaga is contemplatingthe construction of a roadway on the south side of Scajaquada Creek runningeasterly from Union Road, and
AYES:
Item No. 15 Councilman Kaczmarek presented the followingresolution and moved its adoption:
Seconded by Councilman Wroblewski and duly put to a vote,which resulted as follows:
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-2-
-2-
-2-
ABSENT:
ABSENT:
ABSENT: -2-
-0-
-0-
-0-
-0-
NOE~:
NOES:
NOES:
NOES:
Conncilman Fath Voting AYE
Councilman Kaczmarek Voting NAYE
Councilman Trojanoski Voting AYE
Councilman Bystrak Voting N.'.YE
Councilman \-lroblewski Voting AYE
NAYES: -2- ABSENT: -2-
Part Time Basi~ - Frank JozwiakRobert RutkowskiStanley BurekFred Dittmar
Councilman Eath offered the following resolution and moved
-5-
-5-
-5-
-5-
AYE:S:
AYES:
AYES:
Item No. 21 Councilman Kaczmarek presented the following resolution and
moved its adoption:
Item No. 20 Moved by Councilman Trojanoski, seconded by CouncilmanKaczmarek, that the request of the Town Health Officer to attend the NewYork State Annual Health Conference at Rochester, New York, on June 4, 1961,to June 7, 1961, inclusive, be granted, and that his reasonable expenses be
a legal Town charge.
~!HEREAS, the Town Board of the Town of Cheektowaga, in theCounty of Erie, deems it advisable that Fire. District No.8 of said Town beextended to include the territory hereinafter described, and
Motion lost due to lack of majority of the vote.
Temporary basis as laborers from about April 15, 1961 to
October 15, 1961 - Anthony CherricoFrank SchwartzGerald Weigand
Item No. 19 Moved by Councilman Wroblewski, seconded by CouncilmanTrojanoski, that the request of Thomas Cavanaugh to erect a trampoline center
at the Airport Plaza be denied.
AYES: -3-
Item No. 18 Moved by Councilman Kaczmarek, seconded by Councilman Bystrak,that the request of Florian Jablonski for a sick leave of absence fromApril 19, 1961 to April 25, 1961, be granted.
AYES:
Item No. 17 Moved by Councilman Fath, seconded by Councilman Trojanoski,that the following named persons be employed in the Recreation Department at
the rate of $2.21 per hour:
Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
BE IT RESOLVE", that the TOWl' Attorneys De a"d they herebyare directed to defend the action brought by the Buffa ~(, ~:ewer Arhcrit)'againRt the Town ,)f Cheal,towaga and the Town Board, involving DrainageDistrict No. 1 of the Town of Cheektowa~a.
Item No. 16its adoption:
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Item No. 21-Cont'd •
NOTICE OF 1''-'RUC HEftRI!'IG
KENNETH T. HANl EYTown Clerk, Town of Cheektowaga
New Yor~.
- - - - - - - - - - -- - - -
Dated: April 17, 1961
BY ORDER Of THE TOliN ROARD OF THE TOWN OF CHEEKTOWAGA.
and that such public hearing will be held hy the Town Board of said Town atthe Town Hall, corner of Broadway and Union Road in said Town, on the 1st dayof May, 1961, at 2:30 o'clock ". M., Eastern Daylight Saving Time, and thatthen and there the said Town Board will hear all persons interested in thematter of the extension of such district, and will then and there take action
in the mat teL
Thence westerly along a northerly line of the Village ofDepew to the point or place of heginning.
Thence southerly along a westerly line of the Village ofDepew to a north line of the Village of Depew.
Thence easterly along said extended line to a northwest
corner of the Village of Depew.
Thence southerly along the easterly line of the Lehigh ValleyRailroad right-of-way to a point formed by the intersection of a north lineof the Village of Depew extended westerly.
Thence northerly along the westerly line of the Lehigh ValleyRailroad right-of-way to the northerly line of the West Shore Railroad right
of-way.Thence easterly along the northerly line of the west Shore
Railroad right-of-way to the easterly line of the Lehigh Valley Railroad
right-of-way.
AI L THAT TRACT OR PARCEL OF LAND s itua te in t he Town ofCheektowaga, County of Erie and State of New York, being more particularly
described as follows:
Running thence northerly and northeasterly along the saideasterly line of the New York Central Railroad right-of-way to the westerlyline of the Lehigh Valley Railroad right-of-way.
BEGINNING at the point of intersection of the easterly lineof the New York Central Railroad right-of-way, which is also the east lineof the existing district, with a north line of the Village of Depew, whichi~ also the south line of the existing district.
DESCRIPTION OF TERRITORY PROPO~ED TO BEANNEXED TO FIRE DISTRICT NO. 8
L ;) 7
NOTICE IS HEREBY GIVEN that upon the motion of the TownBoard of the Town of Cheektowaga, in the County of Erie, pursuant to theprovisions of Article Eleven of the Town Law of the State of New York, saioTown Board has determined to hold a public hearing in the matter of theextension of Fire District No. 8 of said Town, to emhrace the following
described territory:
(1) The Town Clerk is hereby authorized and directed to
publish and post the following notice:
BE IT RESOLVED, by the Town Board of the Town of Cheektowaga,
in the County of Erie, as follows:
~~ER~~~, the Town Board desires to hold a public hearingfor the consideration of such extension; NOW. THEREFORE,
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Item No. 2l-Cont'd.
75 feet west of the Lehigh Valley Railroad on the PelvionCompany's property;
3 -
2 _ Fost 50 f~et west of the Lehigh Valley Railroad on the PelvionLand Company's property;
FobtLand
Counc ilman Hroblewski Voting AYECouncilman Bystrak Voting AYE
Councilman Fath Voting d.YE
Councilman Trojanoski Voting AYECouncilman Kaczmarek Voting AYE
AYES: -5- NOES: -0- ABSENT: -7-
4 _ Post 25 feet east of the New York Central Railroad on N.Y.I State Realty and Terminal Company's property;
Hereto attached is a copy of the Notice published in theDEPEH HERALD AND IClIEEKTOIIAGA NEWS:
5 _ Fost 50 feet east of the New York Central Railroad on N. Y.State Realty and Terminal Company's property.
1 _ Post 25 feet west of the Lehigh Valley Railroad on the PelvionLand Company's property;
Seconded by Councilman Fath and duly put to a vote, which
resulted as follows:
Posted as follows on the 21st day of April, 1961:
(2) Such notice shall be published once in the DEPEWHERALDI AN!) CHEF.KTOHAGA NE\-IS, a newspaper publ ished in said Town ofCheektowaga and having a general circulation in the territory proposedto be annexed to Fire District No.8 of the Town of Cheektowaga, and acopy of such notice shall be posted conspicuously in not less than five(5) public places within the territory proposed to be annexed to said FireDistrict No.8, such publication and posting to be made not less than ten(10) nor more than twenty (20) days prior to the date fixed for such public
hearing. I(3) The Town Board shall meet at the time and place
specified lin said Notice and shall hold a public hearing as therein provided.
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. '16 1_.~_ _~ ..: : , 19 _ .
I ~II~........ Z.l~ _.Notary Public in ond for Ene County
. ii i)L ,~ ,
of the
Cheek.towaga
and HewsDepew
Herald
a newspaper with general circulation in the Towns of
between any two publications thereqf..
/ .• .:..I=:__ :.!J:r((f.((1':...._
, 9 .....__.__ .• and that not more than six days intervened
PUBLISHER
being duly sworn, deposes and says that he is the
Cheektowaga and Lancaster, and published at Depew,
(Affidavit)
RICHARD G. BENNETT
slip taken from sOld newspaper, is a copy, was in-
serted and published therein once a week for 1. .
week , the first insertion being on the .J. Cit day_; r ./
of (:l-U/-:. , 19l1. and the last inser·
tion being on the day of ,
New York, that notice of which the annexed printed
... day of
} ss.
,
. --STATE OF NEW YORKCOUNTY OF ERIE
Sworn to before me this ...
FJf81 ~! lIB Sf .moqfPPfIlb ptm AfiSBabeq saJ[~ ~! :lfU!tn.toad .M.oq ~1IU[nOA Stmam ~lIt[J,
IS @lI:![Q'IIfill .illfi.t
tl0W ·~jJDlf' DJ1X~
I llD;)ts1
Item No. 21-Cont'd.
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being duly sworn, deposes and says that he is the
a newspaper with general circulation in the Towns of
. i' i Ji , ... ,
/
of the
/
CheeKtowaga
NelliSand
PUBLISHER
......... day of
RICHARD G. BENNETT
",",w
Herald
(Aff idavit)
'9 ....__ ....• and that p.ot more than six days intervened
between any two publications thereq£./ ' / f"
. ::.7!-· ;~ __:...._l__-:._~ __~ --_... .._._'./r::~_
Cheektowaga and Lancaster, and published at Depew,
slip taken from said newspaper, is a copy, was in-
New York, that notice of which the annexed printed
serted and published therein once a week for
week, the first insertion being on the ::i.cti...... day
af .. (~u'/-.. , 191../, and the last inser·
tion being on the
} ssSTATE OF NEW YORK
COUNTY OF ERIE
NOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN
that upon the motion of the TownBoard of the Town of Cheektow-aga, in the County of Erie, pur~
suant to the provisions of,ArticleEleven of the Town Law of theSlate of New Y<>rk. said TownBoard has determined to hold apublic hearing in the matter of theextension of Fire District No.8 ofsaid Town, to embrace the follow~
ing described territory:DESCRIPTION OF TERRITORYPROPOSED TO BE ANNEXEDTO FIRE DISTRICT NO. 8
ALL THAT TRAer OR PARCELOF LAND situate in the Town ofCheektowaga, County of Erie andSlate of New York, being moreparticularly described as follows:
BEGINNING at the point of intersection of the easterly line ofthe New Y<>rk Central Railroadright-of-way, which is also the eastline of the existing district, with an<>rth line <>f the Village of Depew,which is also the south line of theexisting district.
Running thence northerly andn<>rtheasterly along the said east- ,
, erly line of the New Y<>rk Central ,i Railroad right-of-way t<> the west-j erly line of the Lehigh VaIley Rail·, road right-of·way.
1Thenee northerly along the west
• erly line of the Lehigh Valley RailI road right-of-way to the northerlyI line of the West Shore Railroad! right-of-way.i Thence easterly along the northI erly line of the West Shore Rail·I road right-of-way to the easterly1 line of the Lehigh VaIley Railroad~ right-of-way., Thence southerly along the east-I erly line of the Lehigh VaIley Rail day of
road right-of-way to a point formedby the intersection of a n<>rth line 5J..... 19....._...of the Village of Depew extended
w~~~~~~ easterly al<>ng said ex- ~..... ......tended line 1<> a n<>rthwest corner or Eroe Countyof the Village of Depew.
Thence s<>utherly along a wester·Iy line <>f the Village of Depew toa north line of the ViIlage of Depew.
.. Thence westerly along a north·erly line <>f the Village of Depewto the point or place of beginning.and that such public hearing willbe held by the Town Board <>f saidT<>wn at the Town Hall. c<>rner ofBr<>adway and Union Road in saidTown, on the 1st day of May. 1961.at 2:30 o'dock P.M.• Eastern Day- 1light Saving Time, and that then Iand there the said Town Board will Ihear all persons interested in the Imatter of the extension of suchdistrict, and will then and theretake action in the matter.
BY ORDER OF THE TOWNBOARD OF THE TOWNOF CHEEKTOWAGA
Dated: April 17, 1961KENNETH T. HANLEY,Town Clerk of the Town <>f
ap20 Cheektowaga. New York
Item No. 21-Cont'd.
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Hereto attached is a summary of the bids received:
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-2-
-2-
ABSENT:
ABSENT:-0-
NOES: -0-
NOES:
Seconded by Councilman Fath.
-5-
-5-
AYES:
AYES:
RES Ol.VED , that the bid to furnish said election booths beawarded to Anthony Taberski in the amount of $2,900.00.
IMEREkQ, Anthony Taberski was the only bidder for saideJection booths in the amount of $2,900.00, be it
The bids were ordered referred to the Town Engineer foranalysis and tabulation.
IMEREAS, this Town Board did on this date receive sealedproposals for the furnishing of two (2) election booths, and
The Town Clerk announced that the one and only bid receivedwas that of Anthony Taberski in the amount of $2,900.00.
The Town Clerk presented proof that the Notice to Bidders hasbeen duly published as required by law.
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The Town Clerk presented proof that the Notice to Bidders hasbeen duly published as required by law.
Moved by Councilman Fath, seconded by Councilman Trojanoski,that the Town Clerk be authorized and directed to open and read aloud thesealed proposals on hand.
Councilman Kaczmarek presented the following resolution andmoved its adoption:
Seconded by Councilman Wroblewski and duly put to a vote,which resulted as follows:
Item No. 23 This being the time and the place advertised for the receivingof sealed proposals for the furnishing of two (2) election booths.
Item No. 24 This being the time and the place advertised for the receLvLngof sealed proposals for furnishing materials, tools, equipment, and togetherwith all labor for the construction of approximately 330 square yards of pavement, 160 lineal feet of 18-inch, 270 lineal feet of 15-inch storm sewers inGreenway Boulevard, including receivers, manholes and other appurtenant work;construction of approximately 4,100 lineal feet of 6-inch diameter water pipeline On Losson Road, including connection to existing water line, hydrants,valves, and other related work; and construction of approximately 925 linealfeet of 12-inch, and 2,150 lineal feet of 10-inch diameter sanitary sewer inNorth Creek Drive, in Sanitary Sewer District No.7, including manholes, wyebranches, riser pipes, siphon chambers and other related work.
lYHEREAS. the only bid received was from Buffalo HarleyDavidson, copy of which is attached and which the Chief of Police recommendedaccepting; NOW, THEREFORE,
BE IT RESOLVED, that the said bid of Buffalo HarleyDavidson be and the same hereby is accepted.
WHEREAS, public bids were duly advertised for thefurnishing of a 1961 solo motorcycle and a 1961 motorcycle with sidecar,together with trade-in allowance, all as provided for in the specifications,the same being received at a meeting of this Town Board held on April 3,1961, and
Item No. 22 Councilman Fath offered the following resolution andmoved its adoption:
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ABSENT:
ABSENT:
lsi Lawrence M. Januszczak
lsi C. G. Hanson
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NOES:
NOES:
Councilman Fath preeented the following resolution and moved
'1ECEION OFZONING BOARD OF APPEAl"'
In the Matter of the Application ofJOHN J. '-'LI\'1NSKI
That the following claims be approved as presented:
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GenP't'al Fund Nos. 4119 to 4158 inclusive
l'ighway Fund Ill89 1208
Special Districts 1500 1526
Part Town Fund 450 462
C R· I 264 265
'~lEREP.', the Zoning noard of Appeals of the To..n ofCheektowaga, New York, held a public hearing for the purpose of consideringthe ~ppl ication of Norm"n F. Keller for the rezoning of premises fro,"Residential District to Business District of the pr0l'ertv he.reinafterdescriberl anrl amending the Zonin~ Map and Ordinance accordingly, and
Item No. J8it~ adoption:
AYES:
lsi Peter J. RybkaI
lsi Leo KurnickChairman
Item No. 27 Moved hy Councilman Kaczmarek, seconded by CouncilmanBystrak, that the application of John J. Sliwinski to rezone ~ub lots 29 and30 on the northwest corner of William and Mansion Streets be deni~d.
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The Members of the Zoning Board of appeals subsequentlyinspected the premises and other premises in the vicinity and realizin~ thatsufficient off-street parking could not be provided, and also realizing thatsuch use would be a definite safety hazard to the over 800 children attendingthe school ~nd ctiurch on the northeast corner of \Jilliam and Mansion Street, andhaving been notified that Mansion 'areet, north of Hilliam, is closed totraffic during certain hours so that the school children may use the streetfor playground purposes, recommend that the application be denied.
The applicant intends to use the premises as a superette
(retlail grocery store).
~e Zoning Board of Appeals conducted a public hearine onMarch IS, J961, 3fter proper notice to all proper parties. A petition inoppositio~ to the rezoning filed bv apprnximRtely 40 n~ople w~s ?r~~pnt~0 tothe Board. It was indicated that the 3pplicant does not own 200 feet indepth but only 120 feet. Many nearby property owners appeared at the hearingand objected ~o the rezoning on the grounds that sufficient parking would notbe provided for the use contemplated, and that the proposed use would be adefinite hazard to the safety of the children attending the school and church
on the adjoining corner.
To rezone from a residential District to Business District Sub-lots 29 and30 on the northwest corner of William otreet and Mansion Street, being 50
feet frontage by 200 feet in depth.
Item No.1 26
AYES:
Item No. 25 The following resolution was moved by Councilman Bystrak
and seconded by Councilman Wroblewski:
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"F.··CRI"TION
Item No. 28-Cont'd.
-2-~\.BSENT:
KENNETH T. HANLEYTown Clerk
/ / J,)~~-Y'/' ,: ,;' j 0
V{""""':-P'.o
-0-NOE":
Moved by CouncilmAn Fath, seconded by CO'lncilmAn Bystrak,
Seconded by CouncilmAn Kaczmarek.
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Item No. 29to adjourn.
The above notice was posted on the Town Hall Bulletin Hoard
on the 21st day of April, 1961.
Also a plot of l~nd situate on the west side of Century Roadhaving a frontage of 25 feet starting 115 feet northerly from KensingtonAvenue; south line 100 feet; west line 25 feet; and north line 100 feet.Said premises are contiguous to the lAnd mentioned in first paragraph.
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Reing a plot of land situate on the north side of KensingtonAve. having a frontage of 261 feet starting 100 feet westerly from CenturyRoad; west line being 140 feet; rear line 261 feet; and east line bein~ 140
feet.
be it R.E~OLVEn, hy this Town Board that the Ordinance adoptedDecember 21, 1942, and AS now amended be and the same hereby is amended bychanging the Zoning Map so as to change the Following describe<J property fromth~tof Residential District to Business District.
R.E~01.VEP, thAt the deci<ion of the Zoning Board of ,\ppealsgr~ntin~ the application of the petitioner to rezone premises from Residentialnistrictto Business District be and the same is her"hy confirmed,
\~IEREAQ, the Zonin~ Ho~rd of Appeals having rendered itsdecision granting the application of the petitioner to rezone from Re<identialDistrict to Business District the property hereinafter described, be it
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Counc<lman Fath presented the following resolution and moved
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by Councilmanlaborers at the
ARSENT:
supervisorCounc ilmanCouncilmanCouncilmanroun~ilman
CouncilmanCounc ilman
CHEEKTOWAGA, NEW YORKMAY 1, 1961
-0-NOES:
ARSENT: -0-
PRESENT: Benedict T. HoltzFelix T. ProblewskiJoseph Kornecy iAlancin M. FathMichael J. Kaczmarek30seph M. TrojanoskiStanley R. Bystrak
Moved by Councilman \Iroblewski, secondedMessrs. Nowicki and Reger be designated aseffective immediately.
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its adoption:\mEREAS, the Town Board of the Town of Cheektowaga, in the
County of Erie, deems it advisahle that Fire District No.8 of said Town beextended to include the territory described as follows:
AYKS:
Item No.4Kornecki, thatDisposal Plant
Item No.3 Ordered received and filed communication from the BuildingInspector approviog and denying various building permit applications.
The Town Clerk presented proof that the Notice of Hearinghas been duly published and posted as required by law.
The supervisor announced that the Board would hear allper.ons interested in the subject of the hearing, and no person appearing inopposition thereof, the following resolution was presented and adopted:
BEGINNING at the point of intersection of the easterly lineof the New York Central Railroad right-of-way, which is also the east lineof the existing district, with a north line of the Village of D~pew, whichis also the south line of the existing district.
ALL THAT TRACT OR PARCEL OF LA.ND situate in the Town ofCheektowaga, County of Erie and State of New York, being more particularly
described as follows:
Item No.5 This being the time and the place advertised for a publichearing for the proposed extension of Fire District No.8.
Item No.2 The Town Clerk advised the Board that a copy of the minutesof the previous meeting has been placed on their desk in the Council Chamber •
Also present were: Town Clerk Hanley; Town AttorneyKitzinger; Deputy Town Attorney Delahunt; Building & plumbing InspectorTrafalski: General Foreman Banko; Chief of police Mersmann; Tax Clerk Reece,
and Town Engineer Kamrn.
Item No.1 At a re~lar meeting of the Town Board of the Town ofCheektowaga, Erie County, New York, held at the Town Hall in the said Townof Cheektowaga on the 1st day of May, 1961, at 2:30 o'clock P.M., EasternDaylight Saving Time, there were:
MEETI:'lG NO.9
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Item No. 5-Cont'd.
Running thence northerly and northeasterly along the saideasterly line of the New York Central Railroad right-of-way to the westerlyline of the Lehigh Valley Railroad right-of-way.
Thence northerly along the westerly line of the LehighValley Railroad right-of-way to the northerly line of the West Shore Railroad
right-of-way.
Thence easterly along the northerly line of the \<lest ShoreRailroad right-of-way to the easterly line of the Lehigh Valley Railroad
rip:ht-of-way.
Thence southerly along the easterly line of the LehighValley Railroad right-of-way to a point formed by the intersection of a northline of the Village of Depew extended westerly •
Thence easterly along said extended line to a ncrthwest
corner of the Village of Depew.
Thence southerly along a westerly line of the Village of
Depew to a north line of the Village of Depew.
Thence westerly along a northerly line of the Village of
Depew to the point or place of beginning.
I,THERF.AS, said Town Roard duly adopted on the 17th day ofApril, 1961, an order providing that said Town Board shall meet at the TownHall, corner of Broadway and Union Road, Cheektowaga, New York, on the 1stday of May, 1961, at 2:30 o'clock P.M., Eastern Daylight Saving Time, to hearall persons interested in the matter of the extension of such Fire District,and notice of such hearing was duly published and posted as prescribed by law,and said Town Board has, at the time and place specified in said notice, dulymet and considered the matter of such extension, and heard all personsinterested in the subject thereof who appeared at such time and place, concern-
ing the same. and
\/HEREAS, the evidence offered at such time and place requiresthat the Town Board make the determinations hereinafter made; NOW, TI1EREFORE,
BE IT REsOLVED, by the Town Board of the Town of Cheektowaga,in the County of Erie, that it be and hereby is determined as follows:
(1) It is in the public interest to extend the existingFirc nistrict No. 8 of said Town to include the territory hereinbefore
descrihed.
(2) That all of the property, property owners, and intere"tedpersons within the proposed extension of said District are benefited thereby .
(3) That all of the property and property owner" benefitedare included within the proposed extension of said Fire District, and it is
F1'RTI1ER R.ESOI VEJ) , that the Town Board do and it herebydoes approve the extension of .aid Fire District No. 8 of said Town toinclude the territory hereinbefore described, and the said Fire District ishereby extended to include said territory, and be it
ptlRTI1ER RESOLVED, that the To\<o Clerk be and he hereby isauthorized and directed to file a certified copy of this resolution, induplicate, in the office of the State nepartment of Audit and Control, atAlbany, New York, together with an application, in duplicate, for permissionto so extend said Fire nistrict in the manner and form prescribed hy section173 of the Town Law of New York, within ten days after the adoption of this
resolution, and be it
Item No. 5-Cont'd.
I tem No.6 Councilman \!roblewski offered the following resolution and
moved its adoption:
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AYEAYEAYEAYEAYEAYEAYE
AB3ENT:
VotingVotingVotingVotingVotingVotingVoting
Engineer: Nussbaumer, Clarke & Velzy
Holtzh'roblewskiBystrakFathTrojanoskiKorneckiKaczmarek
_0_NOES:
.~upervisor
CouncilmanCouncilmanCouncilmanCounci ImanCouncilmanCouncilman
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For furnishing And installing the following items of workin accordance with the Specifications and the Contract unit And lump sumprices and the unit prices stated in the attached copy of a lettpr writtenby C.M.H. Companv, Inc., on Gctober 31, 1960:
11. 478 L.F. 36" Diameter Reinforced Concrete Pipe6'-8' depth 0 $13.90 per 1 .F.~ $6,644.20(Contract Price)
2. 125.5 J..F. 36" Diameter Reinforced Concrete Pipe8'-10' depth @ $14.15 per t.P.= 1,775.83(Contract l'rice)
This extension was authorized by Resolution of the TownBoard on October 3, 1960.
IAmount of Change
Extension of storm trunk sewer facil ities in District No.7,consisting of furnishing and installing storm trunk sewers from MeadowlawnROAd to powell llrive. The route is Along the easements being in formerlylIazeln'lt Road right-of-way. The extension of facilities shown onNussba~mer, Clarke & Velzy Drawing No. 6134-15, dated October, 1960.
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Contractor: C.M.H. Company, Inc.
11. Changes ~ ~ Made
,~lEREAS, the attached Change Order No.1 for the constructionof the sewer required by such modification has been approved by Nussbaumer,Clarke & Velzy, the Consulting Engineers, and has heen itemized by theContractor, as shown in statement attached; NO\-!, THEREFORE,
I BE IT RESOLVED, that the attached Change Order No.1 asitemized be and the same is hereby approved, and the Supervisor is authorizedto execute approv~l of same.
Seconded by Councilman Kornecki and duly put to a vote,
which resulted as follows:CfL~GE ORDER NO.1
I Tospecifications and Contract Docu~~
Cot~struction of Staron '~runk Seto1e.r:~ in nistrict No.7Including Manholes and Chambers
Town of Cheektowaga, Erie County, New York
AYES:
Second~d by Councilman Trojanoski and duly put to a vote,
which r~sulted as follows:
FURTHER RE50LVED, that the Town Supervisor be and hehereby is auJhorized and directed to execute said application on behalf ofthe Town of Cheektowa~a, New York.
I ~~ERV,S, this Town Board, by resolution adopted October 3,1960, provided for modification of the plan of Drainage District No.7, and
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8. 66 S.Y. of bituminous maclldam pavementreplacement @ $3.50 per ~.Y. = 231.00
32.00
253.50
$20,090 .43
7,977.74
$5,948. 503,135.601,687.20
300.00139.45300.42402.43113.07
67.2718.75
$20,090.43
$12,112.69
Concrete Pip~
$3,246.75
Buffalo 21, New YorkMarch 14, 1961
Date: 5-1-6~
TO!."N OF CHEEKTOWAGA,NEIl YORK
Total lahor
$2,800.00800.00
3,550.74827.00
$7,977 . 74
C. M. 11. CO., INC.
TOTAL Amount of Change Order No. I, ADD
1 l.f. additional depth of manhole over 8'deep ~, $32.00 per l.F. =(Contract Price)
8 Standard Manholes 0'-6' depth @ $290.00 ea.= 2,320.00
(Contract Price)
277.5 L. r. 30" niameter Reinforced0'-6' nepth @ $11.70 l'er l"F. =(By letter)
7. 84.5 C.Y. of select backfill material@ $3.00 per C.Y. =(Contrllct Price)
6 .
5.
3.
Rock ExcavationLabor for m!lnholesl,ahor for s~wpr const.Mnchinery rental
lsi E. Cardarelli, Pres.C.~1.H. Co., Inc.
572 1.F. 36" R.C.L @ $10.40 per.268 }.. F. 30" R. C . P. @ $ 8.1'5 per.304 L.F. 24" R.C.F. (~ S 4.55 per.8 ~Ianhole Covers @ $37.50 ea.84~ c. y. gravel (! $1.65 per c.y.Manhole Brick L.'.Concrete for Mnnhole BIlse L.'.Cement and misc. pipe C.M.P. L.S.Joint compoundMnnhole ~teps. 15 @ $1.2 5 ea.
Total MaterialLabor Cost-Change Order #1.
Nus~naumer, Clarke ~ Velzy, Inc.327 Franklin St., Ruffalo, N. Y.
4. 307 LF. 24" niameter Reinforced Concrete ripe0'-6' de.pth @ $8.95 per 1.F. = 2,747.65
9. 189.3 C.Y. rock excavation @ $15.00 per C.Y. = 2,835.50(Contract Price)
Material cost on nist., #7 Storm Sewer, Town of Cheektowaga, N. Y.
Change Order #1
11 Tristan Lane
Per: lsi Raymond R.N. Murraynate: Dec. 9, 1960
NUSS BAnMER, CLARKE !1, VELZY
Recommended 8y:-
Qee nttached copy of the letter from C.M.B. Company, Inc.,quoting unit prices for 24 inch and 30 inch reinforced concrete pipe •
111. supporting Data
Item No. 6-Cont'd.
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1. Construct concrE"te weir 18" high by 5' long, in
chamber at Station 20 + 82. Lump Sum = $200.00
2. At Station 27 + 56, new connection. Lump Sum = 65.00
75 L.F. 10" C.M. I' • @ $3.50 per L. F. = 262.50
3. At Station 41 + 052 Standard Catch Basins @ $175 = 350 .00
24 1. F. 12" C.~I.P. @ $3.75 per L. F. = 90.00
4. .\t :=:tation 47 + 01
I 2 Qtandard Catch Bas ins @ $175 = 350 .00
5. At Station 50 + 582 Standard Brick Manholes 0" $290 = 580.00
26 L. F. 24" C.M.P. @ $6.75 per 1. F. = 175.50
6. At C'tation 54 + 5~
2 ' tandard Catch Basin~ 0' $175 = 350.00
" 26 L. F. 10" C.M.P. @ $3.50 per L. F. = 91.00
7. At <;:tation 67 + 002 Standard Catch Basins /i) $175 = 350.00
26 L. F. lOti C.M.!'. (V $3.50 per 1, • F. = 91.00
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-0-AB~ENT:
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
Engineer: Nussbaumer, Clarke & Velzy
-0-NOES:
Supervisor HoI tzCouncilman WroblewskiCouncilman BystrakCouncilman TrojanoskiCouncilman FathCouncilman KorneckiCouncilman Kaczmarek
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Change Order No.2To
Specifications & Contract Documents ForConstruction of Storm Trunk Sewers in District No.7
Including Manholes & ChambersTown of Cheektowaga, Erie County, New York
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For furnishing and installing the following items of work in accordancewith the Specifications, and the contract unit and lump sum prices statedin the attached copy of a letter written by C.M.H. Company, Inc., onMarch 30, 1961:
,\moun t ~ Change:
Furnish additional receivers and connections to the newly constructedtrunk storm sewer on Meadowlawn Street, to conform with the temporarygrace, and allow for final design grade of future pavement. Also toextend the length of the Meadowlawn ~treet sewer to the previous locationof Eastfield Road, which was adjacent to the Niagara Mohawk PowerCorporation right-of-way.
2.
1. CHANGE~ T0 BE MADE:
Contractor: C.M.H. Company, Inc.
AYES:
Seconded by Councilman Kornecki and duly put to a vote, which
resulted as follows:
\,mEREAS, Nussbaumer, Clarke and Velzy, Consulting Engineers forthe Town of Cheektowaga, have recommended Change Order No. 2 to the contractentered into between the Town of Cheektowaga and C.M.H. Company, Inc., inconnection with the eonstruction of Storm Trunk Sewers in District No.7, be
itRESOLVED, that the Change Order, copies of wh ich are annexed to
this resolution and made a part hereof, be and the same are hereby approved,
Item No.7 Councilman \Jroblewski presented the following resolution
and moved its adoption:
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/~/ Richard Metz, Sec. Tres.
3,121.80
$10,780.80
$ 200.0065.00
262.50350.00
90.00350.00580.00175.50350.00
91.00350.00
91.00350.00154.00
4,200.00
$350.00154.00
3,121.80
4,200.00
$10,780.80
TOTAL
Buffalo 21, New York
March 14, 1961
Date: 5-1-61
Town of Ch~ektowag8, N. Y.
Re: fJist. #7 Storm SewerTown of Cheektowaea, N. Y.
- - - -11 fris tan Lane
TOTAL AMOUNT OF CHANGE ORDER NO. 2 - ADD
(Icon tract Price)
,tatlon 73 + 5A to 7<;1 + 30172 L.F. 42" R.C.P. 12-14' Depth (i) $18.15
per L. F. =
At Station 73 + 501
2 Standard Fatch Basins 0 $175 =44 L. F. 10" C. M. P. @ $3.50 per L. F. =
20+82 Build 12" ~,Tei!'1 18" high, .5 f long. L.~;.
27+56 10" Connection 1.S.75 LF., 10" C.M.C'. "!. $3.50 J"F.
2 CtAndard Catch Rasins (i) $175.00 ea.24 1..F. 12" C.M.P. (. $3.75 1..F.
2 Standard Catch Basins (i) $175.00 ea.2 Standard Brick Manholes @ $290.00 ea.
26 J"F. - 24" c.~1.l'. @ $6.75/L.F.2 ·'tandard Catch Basi~S @ $175.00 ea.
261..['. 10" C.M.C'. " $3.<;0/L.F.2 Standard Catch Basins @ $175.00 e3.
26 L.F. 10" C.M.P. (" $3.50/L.r.2 Standard Catch Basins @ S175.00 ea.
44 1.. F. 10" C. M. p. t:J $3.5011" F •to 75-30-Rock Excavation-280 C.Y. @ $15.00to 75-30 172 L.F._42"_R.C.P.-12'-14' Depth
@ $18.15/L.F.
Per lsi Robert B. StonnardDate: March 30, 1961
Nussbaumer, Clarke & Velzy
RECOMMENDED BY:
9. Station 73 + 58 to 75 + 30Rock Excavation 280 C. Y. @ $15 per C. Y. =(Contract Price)
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See attached copy of the letter from C. M. H. Company, Inc. quoting unitprices, and lump sum prices for the items of work requested.
In accornance with your requp~t, we are 3uhmitting a quot~tion foradditional work. to be Rdd~d to our Contract in Storm Sewer Dist. #7 in the
Town lof Cheektbwaga.
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Nussbaumer, Clarke & Velzy327 Franklin" t.Buffalo, N. Y.
C.M.H. CO., INC .
3. 'll]'PORTING DATA:
Item No.
Station
41+05
47+0150+58.,54+55
.. I67+00
13+50
I 73+5873+58
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"econded by Councilman I,"roblewski ,md duly put to a vote,
which resulted as follows:
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Councilman K~czmarek presented the following resolution
adoption:
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THIS AGREEMENT made this 2nd day of May, 10 61,
AYES:
BY ANn RET'JEEN THE T0':N OF CHEi':KTO'JAGA, amunicipal corporation, Erie County,New York. hereinafter referrpd to A5
the "Town".
,\ND THE NEil YORK CENTR,\I~ RAILROAD COW'A"lY,a corporation incorporatPd pursuant t~
the laws of th~ State of nel~ware, withits office and principal place ofhusiness at 466 Lexington Avenue, NewYork, New York, hereinafter r~ferred toas the "Railro:ld".
~~ER~~2, 3 certain railroad bridge carryins the railroadtrack,; of the \~Ie~t c.:hore br~nch of the Railro::ld acr09~ ::cajaquada C:r~Bkt fl
stream located in the Town of Cheektowaga, Erie County, "lew York, said bridg~bein~ known 88 hridgp. No. "'T_587 in the rp.cord~ of the RAilroad, is, in theopinion of ~he RailrOAd. in np~d of immedi~te ~~p~ir in order to avoidirreparable nAmBge to its win~ walls, ahutments and other appurtenances due topxces~ive scour from s3id str~am und~r ~~id brict~e; and
~~lERKA~J ther~ is disaerepment a~ to wh~thpr the Town orwh~ther th~ R~ilro3d i.~ legal Iv n~ligAtprl to make thpqe repair~ or improvement~J
and both spid parties heing desirous of prot~cting said bridge from further
damfl~p.:NO'..;, THEREFORE. in consid~~ration of the premise~. it is hp:",:"phv
stipulated and agreed bv and betw~en the Town and the Railroad that the Railroad,with its own forces, will perform RII repRirs Bnd improvem~nts to said bridgp-wing walls, abutments and appurtenances which the Railroad deems necessary andthat said repairs and improvements so perform~d by the Railroad will he withoutprejudice to the claim of the Railroad that the Town is under a legal obligationto pay for the co~t of said ropairs and improvements and without prejudice tothe claim of the Town that the Railroad is und~r a le~al ohligation to pav forthe cost of the said repairs and improvements, and st1hiect to the rie:hts of
either pnrty hereto to ~~ek appropriate If'~~l n") i~f. hv instituting: .qction Or'
otherwise, to fix th~ responqibil ltv for payment for said repairs and improv~ments.
BE IT RRsOLVEn, that the Supervisor be and he hereby isauthorized and directed to execute said agreement on behalf of the Town ofChep.ktowagA , And affix thp.reto its corporate sp~l.
\ffiER&~~, there is a question as to the legal obligation,whether it be that of the town or the railroad, to afford such protection to
the bridge; andImEREA3, it is advis~ble for the town and the railroad to
enter into an greep,mcnt, copy of which is hereto ~ttached, And under whichagreement the railroad will do such work as is necessary to protect the bridgesupports, without prejudice to determination of the legal obligation as betweenthe town and the railroad to afford such protection, such determination to beresolved either by negotiation or by legal proceedings; NOW, THEREFORE,
\.THF.RF'...~, this project hos invol,,~d improvem~nts toScaiaquad~ Creek where the same passes under a bridge of the New York CentralRailroad Company, located to the west of the school site of Centr~l SchoolDistrict No. I, and a claim on the part of the railro~d that the flow ofScajaqu~da Creek has been accelerated to as to threaten support of the bridge;
nnd\,~EREA3, the r~ilroad is of the opinion that protection must
be immedi~tely offordI'd to the bridge supports; and
!-ll{EREAS. this Town Board has heretofore and on behal f ofthe Iown of (hep~towAg8, undertaken the improvement of Sc~ja~u~d, Creek bythe dE"PDPnin~J widpnir:~ "nd ~tr8i0htpnin~ '::hpr~of.; and
Item No.8and moved its
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Item No. 8-Cont'd.
TOWN OF CHEEKTOWAGA
-0-AIEENT:
Notary pUblic, Erie County, N. Y.
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STATE OF NEW YORKCOUNTY OF ERIR
Item No.9 Councilman Wroblewski offered the following resolution andmoved its adoption:
Notary rublic, Erie County, N. Y.
On this '='""=- ,.day of , 1961, before me personally cameEUGENE L. KELLER, to me known, who being by me duly sworn, did depose and saythat he resides in the of , Erie County,New York; that he is the Division Superintendent of the Buffalo Division of th~New York Central RailrOAd Company and that as such he was duly authorized toexecute the foregoi~g instrument.
By _
l'iHEREA'3, the Public Service Commission, by order datedApril 25, 1961, has approved the Sixth Intermediate Accounting of expendituresincurred by the New York Central Railroad Company, totaling $6,669.26, for thenick Road grade crossing relocation; and
BE IT RESOLVEn, that there be paid to the New York CentralRailroad Company, out of the General Fund, the sum of $833.66, in accordancewith said order of the Public Service Commission, and the supervisor is herebyauthorized to make such payment.
\,~ER&\S, the share chargeable to the Town of Cheektowaga is
$833.66; NOW, TlIEREFORE.
Seconded by Councilman Trojanoski and duly put to a vote,which resulted as follows:
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TIlE NE1J YORK CENTRAL RAILROAD
On this dav of , 1961, be for .. me personally cameBENEDICT T. HOLTZ , to me known, who being: by me duly sworn, did depose
and S3Y that he resides in the Town of Cheektwaga, Erie County, New York; thathe is the Supervisor of the Town of Cheektowaga, Erie County, New York, themunicipal corporation described in and which executed the foregoing in~trument;that he executed said instrument pursuant to a resolution duly adopted by theTown Board of the Town of Cheektowaga at its regular meeting held on the~~~~__day of May, 1961; that he knows the seal of said municipal corporation;that the seal affixed to said instrument is such corporate seal.
STATE OF NEW YORKCOUNTY OF ERIE
IN lnTNE"~ I-!HEREOF the parties have hereunto set theirhands and seals this 2nd day of May, 1961.
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That at such hearing all persons interested in the subjectmatter thereJf shall be given an opportunity to be heard, and be it further
TRAFFIC ORDINANCET~~FFIC ON AIRPORTS
AND AIRFIELDS
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Councilman Kornecki presented the following resolutionadoption:its
10Item No.
NO'v, TIlEREFORE,
BE IT RE~OLVED, that a public hearing on such proposedtraffic ordinance ir relation to airports and airfields he held on the ~th
day of M~, 1961, at 7:30 o'clock p.m., E.n.S.T., at the Town Hall, corner ofBroadway and Union Road in the said Town of Cheektowaga, New York, for thepurpose of considering the advisability of ado~ting said ordinance which isto be known as local ordinance number 31, to provide as follows:
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To effectuate the prohibition of such premises as abovedescribed, a conspicuous sign or signs shall be posted at each entrance tothe airport premises and also at any other place in which motor vehicletraffic is likely or apt to congregate. A sign as hereinafter described shallbe deemed substantial compliance with this section.
CRUISING ON ROADWAYSSTRICTLY PROHIBITEDPOLICE ENFORCEMENT
UNDER PENALTY OF LAlvORDINANCES OF
TOWN OF CHEEKTOWAG.A.
but any Jther words or phraseology prohibiting the cruising or wanderingabout of motor vehicles shall suffice.
Pursuant to the Authority of Section 130 Subdivision 22 ofthf Town Jaw of the State of New York (Laws of 1932 Chapter 634) the cruisingor wandering about of a motor vehicle upon any publicly or privately ownedairport, airport ~remises, or airfield, or the roads, driveways, trafficcircles and pavements thereof, without the consent and permission of theowner of s4id airport or airfields is hereby prohibited.
This Ordinance may be enforced by the police or by soecialpatrolmen or other law enforcement officers and they may use such procedureas is authorized by law, including tags, summonses, and towing to effectuatethe enforc1ment of this Ordinance.
This ordinance shall apply to all motor vehicles, whetherc~ercial, or privately owned.
The words "police enforcement" and "under penalty of Law"on s~ch signs shall be construed, among other things, to mean that the police,special patrolmen, or any law enforcement officers shall enforce the provisionsof this Section aga~nst persons cruising or wandering about on the premiseswithout the consent of the owner and that the police and other law enforcementofficers are authorized to enter upon such premises to enforce the provisionsof this Ordinance.
I I>'HEREAS, it has been deemed advisable by the CheektowagaTown Board to hold a public hearing to consider the advisability ofadopting a traff!c ordinance to control traffic on airports and airfields inthe Town of Cheektowaga pursuant to the provisions of the town law of theState of New York.
I Any person who shall violate any prOVision of thisordinance, shall, upon conviction, be guilty of an offense and be subject toa fine or penalty of not more than Fifty ($50.00) dollars.
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Voting AYEVoting AYEVoting AYEVoting AYEVoting AYBVoting AYEVot ing :\.vE
Supervisor HoltzCouncilman wroblewskiCouncilman KorneckiCouncilman FathCouncilman KaczmarekCouncilman TrojanoskiCouncilman Bystrak
posted as follows on the 4th day of May, 1961:
AYES: -7-
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Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
1 _ Town Hall Bulletin Board.
Hereto attached is a copy of the Notice published in theDEpE" HERALD & CHEEKTOWAG.\ NE\~S, and the CHEE:KTO'L~GA TIMES:
RF.SOL\~n, ~hat the Town Clerk bp, and he hereby i.authorized and directed to publish a certified copy of this resolution inthe Depew Herald & Cheektowaga News and the Cheektowaga Times,newspapershaving a general circulation in the said town,not less than ten (10) normore than twenty (20) days prior to the date of the hearing, and that on orbefore said date he post or cause to be posted conspicuously on a siznboardmaintained by him at the entrance of the Town Clerk's Office a certified
copy of this resolution.
Item No. 10-Cont'd.
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aau1!'.QJU.a aql lC W!q &q paurelU!EW I
: .UlNWlolli:l~ ,_.a 110 ..{lsnOnJldsUOJ ••
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tween publications.
EVE J. ALLISNOTARY PUBllC, STATE OF NE.WYORK
Qualified in Erie CountyMy Commission E~pires March 30, 196.3
Reaistered No. 5029
which the annexed printed slip. taken from said
and that no more than six days intervened be-
newspaper is a COPY. was inserted and publisbed
in said paper once a week tor..~..weeb':
., MAY - 4 1961f"lI"st pubhcation ,
., MAY - 4 1961laat pubhcation ;
liabed weekly in said Town; that the notice. of
Cheektowaga Times. a public newspaper pub·
deposes and says that be is the publisher of the
WILLARD C. ALLIS. of the Town of Cheekto-
waga, in said County of Erie. being duly sworD,
STATE OF NEW YORK }COUNTY OF ERIE ss.TOWN OF CHEEKTOWAGA
(Affidavit)
} 55.STATE OF NEW YORK
COUNTY OF ERIE
Item No. lO-Cont'd.
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(Affidavit)
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TO~~ aB~~~la~f mrb;in~o~fn t~~Cheektowaga, Erie County, NewYork, held at the Town Hall insaid Town of Cheektowaga, onthe 1st day of May, 1961, at 2:30o'clock p.m., E.D.S.T., there were:PRESENT:
BENEDICT T. HOLTZ,Supervisor.
FELIX WROBLEWSKI,Councilman.
JOSEPH KORNECKl,Councilman.
ALANCIN M. FATH.Councilman.
MICHAEL KACZMAREK,Councilman.
.JOSEPH TROJANOSKl,. Councilman.STANLEY BYSTItAK,.
Councilman.ABSENT: -{)-
Councilman Kornecki presented the following resolution' andmoved its adoption:
;WHEREAS, it bas been deolRed advisahle by' the CheektowagaTown Board to hold a publichearing t8 consider tAe advi&ability of adopting a traffic ordinance to eDntrol traffic on airports and airfields in the Townof Cheektowaga pursuant to theprovisions of the town law ofthe State of New York•
NOW, THEREFORE,BE IT RESOLVED, that a pub
lic hearing on such prllposedtraffic ordina~ in relation toairports and airfields be heldon the 15th day of May,1961. at 7:30 o'clock p.m.,E. D. S. T., at the Town Hall,corner of Broadway and UnionRoad in the said Town of Cheekt<>waga. New York, for the pur·pose of considering the advis~ability of adopting said ordinancewhic-h is to be known as localordinance number 31, to provideas follows:
TRAFFICE ORDINANCETRAFFIC ON AIRPORTS
AND AIRFIELDSPursuant to the Authority of
Section 130 Subdivision 22 of theTown Law of the State of NewYork (Laws of 1932 Chapter 634)the cruising or wandering aboutof a motor vehicle upon any publicly or privately owned airport,airport premises, or airfields, or~he roads driveways, traffic circles and pavements thereof, without _the consent and permissionof the owner of said airport orairfields is hereby prohibited. -
To effectuate the prohibitionof such premises as above described, a conspicuous sign orsigns shall be posted at eachentrance to the airport premisesand also ~ at any other place inwhich motor vehicle traffic islikely or apt to congregate. Asign 35 hereinafter describedshall be deemed substantial compliance with this section.
CRUISING ON ROADWAYSSTmCTLY PROHIBITEDPOLlCE ENFORCEMENT
UNDER PENALTY OF LAWORDINANCES OF TOWN
m' CHEEKTOWAGAbut any other words or phraseology prohibiting the cruising orwandering about of motor yehieles shall suffice.
The words "police enforcement" and "under· penalty ofLaw" on such signs shall be construed, among otIoer tIU8P to .melD tbat the poI!ee, IIIedaI pa.U'oIDIeD, or aOf In- e".,..cement~lffleers 9IIaU enfane the' pfovls,Ions of ~h.i:-; Section ag<l)n:.;t per.sons crUISing. or wandefJng Jbouton the premlS(':.j wJthout the consen.t of the' owner and thal thepol.lce and other law enforcementoffIcers are authorized to enlcrupon su~~ premises to enforcethe ~rovlslO~S of this Ordinance.
ThIS Ordmance may be ct,.f?rced by the police or bv speCIal patrolmcf.l or other law en~iorcement offlcprs and lhc,Y may~se such procedure as is authorlled by la\\', inc1.uding tags. sum~manses. and towmg to C'ffeduate~~~e.enforccmcnt of this Ordin-
This ordina~cc shall apply {(-.all ~o!or vehIcles, whether cOm.merclal, or privatel\' owned
Any p~r~On who ¥ shall violatr~n'y prOVISIOn of this ordinanceshall, upon conviction, be guiltyof an offense and be subject toa [lllt'. or penalty of not monothan Fifty ($50.001 dollars.Tha~ at sur-h hearing all pef
sons mterestrd in the subjcr tmatter t~ereof shall be given anft~~~~h~~ty to be heard, and be
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"A*.' USd., ,. "ri1"'?-This ordinance shall apply tf'
all motor vehicles, whether commercial, or privately owned.
Any person who shall violateany provision of this ordinanceshall, upon conviction, be guiltyof an offense and be subject toa fine or penalty of not mon°than Fifty ($50.00) 1011ars.
That at suC'h hearing all per·sons interested in the subjectmatter thereof shall be given anopportunity to be heard, and beit further"
RESOLVED, that the TownClerk be, and he thereby is au·thorized and directed to publisha certified copy of this resolution in the Depew Herald &Cheektowaga News and theCheektowaga TIMES, newspapershaving a general circulation inthe said town, not less than ten(10) nor more than twenty (20)days prior to the date of thehearing, and that on or beforesaid date he post Or cause to beposted conspicuously on a sign·board maintained by him at theentrance of the Town Clerk's Office a certified copy of this res~
olutiori.Seconded by Councilman Tro
janoski and duly put to a votewhich resulted as follows:
Supervisor HoltzVoting AYE
Councilman WroblewskiVoting AYE
Councilman Kornec~i -,Voting AYE
Coull"llman FathVoting AYE
Councilman KaczmarekVoting AYE
Councilman TrojanoskiVoting AYE
Councilman BystrakVotingAYE
CARR!ED: AYES: -7STATE OF NEW YORK)ERIE COUNTY )OFFICE OF THE Iss:CLERK OF THE )TOWN OF )CHEEKTOWAGA )
This is to certify that I, K&'1.NETH T. HANLEY, Clerk of theTown of Cheektowaga, in the saidCounty of Erie, have comparedthe foregoing copy of resolutionwith the original resolution nowon file at this office, and whirr.was passed by the Town Boardof the Town of Cheektowaga, insaid County of Erie, on the 1stday of May, 1961, and that thesame is a correct and true transcript of such original resolutionand the whole thereof.
In Witness Whereof, I have.hereunto set my hand and affixedthe seal of said Town this 1stday of May, 1961.
(SEAL)KENNETH T. HANLEY.Clerk of the Town BOardTown of Cheektowaga,New York.
(Pub: May 4)
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(Affidavit)Item No. lO-C0',t~
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of the
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Cheektowaga
Hews
.. day of ..
PUBLISHER
RICHARD G. BENNm
[)<pew
Herald and
doyof
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tion being on the.
New York, that notice of which the annexed printed
a newspaper with general circulation in the Towns of
Cheektowogo and Lancaster, and published at Depew.
being duly sworn, deposes and says that he IS the
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~~~~:Notary Public in and for Erie County
Sworn to before me this -_.---
STATE OF NEW YORKCOUNTY OF ERIE
ST. JOHN'S LUTHERAN, LancasterThe Women's M.issionary Society
will meet Tuesday, May 9, at 8 p.m.The program is under the dire!'tion of Mrs. Beverly Coffed and lSconcerned with Christian se~lce.
The Young Men's AssocIationwill hold Its May meetinll on ,!ednesday at 8 p.m. ll't the AmerlC811Legion Bowling AlleY· All youngmen are Invited to attend.
The women's organizali<>JlS of ~.John's are worJdng toward a omfled plan which will enlist the various groups and all women of thechurch under one geneNl; pro-'gram. A group represe~tiYe of slip taken from said newspaper, is a copy, was in·
! the congregation will meet Thurs- II daY, the 11th, at 7:30 p.m. In Fel- serted and published therein once a week for .
tlowshiP Hall. '/ HC Sermon topics for Sunday -d: week, the first insertion being on the ...L,l....?:U.... dayS ''The Household of Faith" an );;;I "Our Spiritual Temperature." ,of /fet.;!I'. ,19.l:.l, and the lost inser·
b ST. PAUL'S LUTHERAN. Blos-Tile Men's Society WIll have a
• film program Tuesday evening att 8 19.....7
at not more than six days intervened
. The "other Daughter banquet ~... 630 be I·· h af/ ./1 will be held May 10 at: p.m. . tween any two pu Icotlons t ere/7. r::~l:~~ ~~::£T:~~E~·i::;~.t&~/~·J1kH~j!-, meal. will be.. AsceIlSion Day services
'-. .1..11 ...~_ ........ .,.AC. ..... _ ....;+," tg....
aaue.Qua 3ql ll? W!ll .{ct pdUpqurewPJ'e.oqu~!S II uo hisnona!dsuo.).
dliIl400,''i\,~b:lllf'SulRtilr 1>"ennig;TIl<> banquet will be served ll't thechurch by men of the consre~lion. Mr. J. Donald Nugent 15
ch~
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Item No. lO-Cont'd.
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LEGAL NOTICEAt a regular meeting of the
Town Board of the Town ofCheektowaga, Erie County, NewYork, held at the Town Hall in saidTown of Cheektowaga, on the 1stday of May, 1961, at 2:30 o'clockP.M., E.D.S.T., there were:
PRESENT:Benedict T, Holtz, SupervisorFelix T, Wroblewski,
CouncilmanJoseph Kornecki, CouncilmanAlanein M. Fath, CouncilmanMichael J, Kaczmarek,
CouncilmanJoseph M. Trojanoski,
CouncilmanStanley R. Bystrak, CouncilmanABSENT: 0Councilman Kornecki presented
the follOWing resolution andmoved its adoption:
WHEREAS, it has heen deemedadvisable by the CheektowagaTown Board to hold a public hearing to consider the advisa.bility of<tdo-pting a traffic ordinance to control traffic on airports and airfields in the Town of Cheektowagapursuant to the provisions of thetown law of the State of NewYork.
NOW, THEREFORE,BE 11' RESOLVED, that a public
hea'ring on such proposed trafficordinance in relation to airportsand airfields be held on the 15thday of May, 1961, at 7:30 o'clockp.m., E.D.S.T., at the Town Hall,corner of Broadway and UnionRoad in the said Town of Cheektowaga, New York, for the purposeof considering the advisability ofadopting said ordinance which isto be known as local ordinancenumber 31, to provide as follows:
TRAFFIC ORDINANCETRAFFIC ON AIRPORTS
AND AIRFIELDS
Pursuant to th(' Authority ofSection 130 Subdivision 22 of theTown Law of the State of NewYork (Laws of 1932 Chapter 634)the cruising or wandering ahout ofa motor v('hicle upon any publiclyor privately owned airport, airPOl't premises, or a'irficld, or theroads. driveways, traffic circlesand pavements thereof, withoutihc consent and permission of th('C\V!1er of said airport or airfieldsis hereby prohibited.
To effectuate the prohibition of_"lIch prcllli~es as above rl.c5cribcd,a compit'llolls fign or signs shall bepested at each entrance to the air~
port premises ~lnd also at anyother place in which motor vehicle traffic is likely or Jpt to congregate. A sign a~ herrin after described shalt be deemed substantialcompliance with this section,
CRUISING ON ROADWAYSSTRICTLY PROHIBITEDPOLICE ENFORCEMENT
UNDER PENALTY OF LAWORDINANCES OF
TOWN OF CHEEKTOWAGAbut any other wnrds or phrascolugy' prohibiting the cruising orwandering about of motor vehicles shall suffice,
The words "police enforcement"and "under penalty of Law" onsuch signs shall be construed,.?mong othE"r things to mean thatthe police, special patrolmen, orany law enforcement officers shallenforce the provisions of this Section against persons cruising orwandering about on the premises\\lithout the consent of the ownerand that the police and other lawenforcement officers are authorized to enter upon such premisesto enforce the provisions of thisOrdinance.
This Ordinance may be enforcedby the polke or by special patrolmen or other law enforcement officers and they may use such procedure as is authorized by law, including tags, summonses, and tow·ing to effectuate the enforcementof this Ordinance.
This ordinance shall apply to allmotor vehicles, whether commercial, or privately owned.
Any person who shall violate anyprovision 'Of this ordinance, shall.upon conviction, be guilty of anoffense and be subject to a fine orpenalty of not more than Fifty($50.00) dollars.
That at such hearing all personsmterested in the subject matterthereof shall be given an opportunity to be heard, and be it furtber
RESOLVED, that the Town Clerkbe, and he 'hereby is authorizedand directed to publish a certifiedcopy of this resolution in the De-pew Herald & Cheektowaga Newsand the Cheektowaga Times, news-papers having a general circula-tion in the said -town. not less thanten (10) nor more than twenty (20)days prior to the date of the hear-ing, and that on or before saiddate he post or cause rtobe postedronspicuously on a signboardmaintained 'b)' him at the entrance __of the Town Clerk's Office a eerti·fied copy of this res<>lutiOIL NNETT
Seconded by Councilman Trojan-uski a·nd duly put to a vote which .__._...__... _-resulted as follows: ~..---
Supervisor Holtz, Voting AyeCouncilman Wroblewski,
Voting AyeCouncilman Kornecki,
Voting AyeCouncilman Fath, Voting AyeCouncilman Kaczmarek,
Voting AyeCouncilman Trojanoski,
Voting AyeCouncilman Bystrak, Voting AyeCARRIED: AYES: 7
State of New YorkErie CountyOffice of the Clerk of the is:
Town of Cheektowa~This is to cerlify that I. KEN
NETH 1'. HANLEY. Clerk of theTown of Cheektowaga, in the saidCounty of Erie, have compared theforegoing copy of resolution withthe original resolution now on fileCIt this office, and which was passedby the Town Board of the Town ofCheektowaga in said County ofErie, on May 1, 1961, and that thesame is a correct and true transcript of such original resolutionand the whole thereof.
In Witness Whereof, Ihave hereunto set my
(seal) hand and affixed the sealof said Town this 1st dayof May. 1961.
KENNETH T. HANLEYClerk of the Town Board,Town of Cheektowaga. N.Y.
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HE IT RE 0 0LVEO, that said judgment b.. satisfied, and thevupervisor be and he hereby is ordered and directed to pay the same by issuingcheck on the General Fund to the order of Frank Ziolkowski and f)anielJ. \':alkowiak, his attorney, the same to be delivered upon receipt of s"ti.factionof judgment, which 'he Town Attorney is hereby directed to file in the Erie
County Clerk's Office.
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ABSENT:
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NOES:
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'ffiEREA" judgment has been rendered in the Supreme Court,Erie County, in the Article 78 proceeding brought by Frank Ziolkowski againstthis Town Board, for costs and disbursements in the amount of $228.63, as thesame were allowed by the orders of the Trial Court and the Court of Appeals,
and ',mEREAS, this Town Board has exh"usted every legal stepavailable to prevent the construction of the car wash "t the corner of ParkerAvenue and Glidden Street, its motion for le"ve to appeal to the Court ofAppeals having heen nenied hy the Court of Appeals by order made March 30,
1961; NQ\J, lliEREFORE,
Item No. 12 Councilman Wrohlewski offered the following resolution and
moved its adoption:
AYES:
NOW TBEREFORE, be it resolved that the Supervisor be andhereby is authorized and directed to execute a quitcl"im d.. ed to said premis .. s.
\11EREA-', the Superintendent of highways of the Town ofCheektowaga has de~lared that the requests be approved.
In Genesp-e ~trp..et from Ho:lrlem ,,"venue e~st to'..:heaton, remove 21 - 6000 lumen overhead system
street li~hts and in.tall 21 - 400 watt mercuryvapor lAmps .
I tern No. 13 Councilm~n Bystrak presented the following resolution anel
moved its adoption:
'econded by Councilman Trojqnoski and duly put to a vote,
which resulted as follows:
RE~OlYEn, thqt th.. Niagara Hohawk !'ower Corporation beauthorized to m~ke the following ~trpet 1 ightin~ chan~e~;
ALL TIlt.T TR1,CT OR PARCEL OF LAND, situate in the Town ofCheektovaga, County of Erie and State of New York, and more particularlydescribed as follows: BEGINNING at a point in the intersection of theeasterly line of E"stfield Drive and the southerly I in .. of Powell Drive asshown C'n ~',p Cover No. 2148, as filed in the Office of the Clerk "f t':1eCOlin +y of ,r ie; pn ,eed ''lg thence eas ter 1y and a 1 ~'1: the SO') ,1 erly 1 ine of~ol~~l l.rive a <'istance of 120.03 fe~t tu the i~"fr~ection of the S011therlyline of Powell Drive with the easterly line of Great Lot 4; proceeding thencenortherly and ,1C'ng the easterly line of Great Lot 4, a distance of 50.01feet to th.. intersection of the northerly line of Powell Drive with the ..asterlyline of Gre"t Lot 4; running thence westerly and along the northerly line ofPowell Drive a distance of 120.03 feet to the intersection of the easterly lineof Eastfield Drive with the northerly line of Powell Drive; proceeding thencesoutherly and along the projection of the easterly line of Eastfield Drive adistance of 50.01 feet to the point or place of beginning, and
',,~mREAS EV.\ M. F. MUSARRA has requested the Town ofCheektowaga to quitclaim any interest in the following described property:
Item No. 11 Resolution dated May I, 1961, moved by Councilman\'iroblewski, seconded by Counc Uman Korneck i:
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Qupervisor Holtz Voting AYECouncilman Bvstrak Voting AYECouncilman Fa>h Voting AYECounc ilman Kaczmarek Voting AYE
ICouncilman Kornecki Vat ing; AYECounci lman Troj;moski Vot ing AYECounci lman ~,'rohlewslc i Voting AYE
AYES: -7- NOES: -0- ',lFENT: -0- \ " .
Item No. 13-Cont'd.
In Straley Avenue from Harlem Avenue west to Gualhet'trepl~ce nine (9) 2500 lumen overhead system street lightswith 175 watt mercury vapor lamps
In Fine Ridge Road replace 10,000 IUll'en overhead systemstreet light existing on pole 89, with a 175 watt mercuryvapor l~mp and install a 175 watt mercury v~por overheadstreet light on the northwest corner of Pine Ridge andDoat St. Install a 2500 lumen on existing Pole #587 onDoat St.
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Seconded hy Councilman Kaczmarek and duly put to a vote,which resulted as follows:
Tn neor£,e 11rh:m Rlvd. t from l-l~rlem Avenue east top~tton replace twenty (20) 2500 lumen overh~~d systemstreet 1ights with 175 watt mercury vapor 1amps andinstall one (1) 175 watt mercury vapor lamp on thenorth side of George Urban Blvd., east of \~eaton.
BE IT RESOLVED, that in memory of the late George B. Doyle,a man who contributed immensely to the ~rowth and well-being of the Town ofCheektowaga, and who served the community in an outstanding manner as TownAttorney and Advisor, that the new portion of Mapleview Road between theThruway and the Power Lines be known as Doyle Court •
NOW, THEREFORE,
'~EREAS, the Board of Fire Commissioners h~ve requested arevue of the situation to eliminate confusion.
'~EREAS, the Cheektowaga Town Board received a communicationfrom the Cleveland Hill Board of Fire Commissioners dated March 24, 1961concerning the confusion created by the const~uction of an additional sectionof Mapleview Road, west of the New York State Thruway to the Niagara MohawkPower Line, which section Of Mapleview Road is not connected in any way withthe existent portions of Mapleview Road, and
Supervisor Holtz Votin~ AYECouncilman Fath Voting AYE
Councilman Hroblewski Voting AYE
Councilman Kornecki Voting AYE
Councilman Kaczmarek Votin~ AYE
Councilman Trojanoski Voting AYE
Councilman 1\ystrak Voting AYE
AYES: -7- NOES: -0- ARSENT: -0-1
Itetr. No. 14 Councilman liroblewski presented the following resolution andmoved its adoption:
Seconded by Councilman Fath and duly put to a vote, which
resulted as follows:
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1 _ ~outhwest corner of Nadine and Santin;
2 _ Northeast corner of s pntin and Nagel;
3 _ Northeast corner of Temple at Patrick;
I4 _ Southwest corner of Temple at r~trick ;
5 - Northeast corner of Iliane at Patrick;
6 - ::outhwest corner of Diane at Patrick;.. 7 - Northe.ast corner of Lydia at Patrick;
8 - Southwest corner of Lydia at Patrick;
9 - Northwest corner of Arthur at I\road;
10 _ Northwest corner of Aberdeen at Broad;
11 Northwest corner of pl"asant at Broad.
STOP SIGN~
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ABSENT:
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NOES:
Moved by Councilman j,roblewski, seconded by Councilman
Moved by Councilman '"roblewski, seconded by Councilmanthat the Subdivision map of Homeworth Estates, extension Number 2,5, Range 7, prepared by Nussbaumer, Clarke & Velzy, ~urveyors anddated April, 1961, be approved and ordered filed in the Assessor's
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AYES:
Item No. 17 This being the time and the place advertised for the receLvLngof sealed proposals for the purchase of one (1) portable roller for use in the
Parks Department.
The Town Clerk presented proof that the Notice to Bidders
has been duly published as required by law.
RESOLVED, by this Town Board that the Ordinance adoptedDecember 21, 1942, and as now emend"d be end the same hereby is amended bychanging th" Zonin" Map so 'IS to change the following ilescribed property fromthat of Residential District to Business District .
Item No. 18 \,~EREA~, the Zoning Board of Appeals of the Town ofCheektowag~, New York, held a public hearing for the purpose of consideringthe application of Edward C. Reinhardt for the rezoning of premises fromResidential District to Business District of the property hereinafterdescribed and amending the Zoning Map and Ordinance accordingly, and
,rnERE&S, the Zoning Board of Appeals having rendered itsdecision granting the application of the petitioner to rezone from ResidentialDistrict to Business District the property hereinafter described, be it
The Town Clerk announced that he has only received one bidfor said porta~le roller, and that was the bid of Cameron Equipment Company
in the amount of ~2,150.00.
The bid was referred to the Town Engineer for analysis.
RE~OLVEn. that the d"ci.ion of the zoning ~oard of Appealsgrantin~ the application of the petitioner to rezone premises from ResidentialDistrict to Business nistrict be and the same is here~y confirmed, be it
Item No. 16Kaczmarek.Lots 4 andEngineers,Office •
AYES:
"NO PARKING HERE TO CORNER" on the west side of Eggert Roadfrom a point 50 feet south of f1elavan to Delavan, and "NO PARKING" north sideof Northern Parkway frem Harlem Road to \lestland Parkway.
RESOLVED, that the request of the Chief of police toinstall the hereinafter mentioned signs be granted:
Item No. 15Fath:
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Item No. 18-Cont'd.
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town ofCheektowaga, County of Erie and ~tate of New York, described AS follows:Being a part of Lot No. Thirty-Four (34), Township Eleven (11), Range Seven(7), of the Holland Land Company's Survey, known and distinguished aeSubdivision Lots Numbers Cne (1) And Twelve (2), ilcc(,"ding to ,,~utdivisionMap on file in the Erie County ;':'(·rlr-'s Off~~c€' under Cover Numl:>.:~:~ ~("~lt andmore particulprly des~:·ited A' 'd lows: BEGINNING 'It A point in thesoutherly line of Genesee Street at the inte.rs€',cti.on of the €.'8st line ofOlcott PlAce; running thence southerly one hundred twenty-nine and six-tenths(129.6) feet, to the north line of Aldine Street; thence eAst along saidnorth line of Aldine Street, ninetv and ninety-five hundredths (90.05) feet;thence north thirty-five (35) feet, to the southeast corner of Lot No. One(1); thence northwesterly, one hundred twenty 'lnd thirty-six hundredths(120.36) feet on a straight line to the southerly line of Genesee Street andto the northeast corner of Lot No. One (1); thence westerly along said lineof Genesee Street, fifty-three (53) feet, to the place of beginning.
Dated: May I, 1961
The above Notice was posted as follows on the 6th day of
May, 1961 :
1 - Town Hall Bulletin Board •
CI
Dated: May 1, 1961
RE"OLVED, that the decision of the Zoning Board of ~ppeals
granting the application of the petitioner to rezone premises from ResidentialDistrict to First Industrial District be and the same is hereby confirmed. be
itRE30LVEP, by this Town Board that the Ordinance adopted
I)ecember 21, 1942, and as now amended be and the same herebv is amenned bychanging thp :Coning ~lap so a. to change the following described property fromthat of Residential I'istrict to First Industrial District.
'ryWR':.\', the Zonin~ Board of Appeals having rendered itsdecision granting the application of the petitioner to rezone from Residential'1istrict to First Industrial Ilistrict the property hereinafter described. be
it
Item No. 20 ~~EREAc, the Zoning Board of Appeals of the Town ofCh~ektowa~a, New York. held a public hearing for the purpose of consideringthe application of 0sgood Machinery, Inc., for the rezoning of premises fromResidential :listrict to First Industrial District of the propertv hereinafterdescribed and amending the Zoning Map and Ordinance accordingly, and
The above Notice was posten on the 6th day ofMay, 1961:
1 _ Town Hall Bulletin Board
.\1,1 TIlAT ~'CT OR PARCEL (W I,ANn situate in the Town of("he(3k:toW~q:~~ County of Erie, State of New York, being part of tot N04 6, Township II, Range 7 of the Holland Land Company's ,urvey bounded and described as
follows:BEGINNING at a point in the center line of Aero Drive
(formerly Ellicott Creek Road) Eight Hundred oeventy-one and Forty-eightHundredths (871.48) feet westerly from the center line of Youngs Road (formerly.~herst-Villa Road) as measured along said center line of Aero ~rive: runningthence southwe~terly on Q line mAkin~ ~n ext~~io~ ~n~le of 840 40' with saidcenter line. a distance of Five Hundred Twenty-four and Eighty-four Hundredths(524.84) feet to the northerly line of the right of way of the Lehigh ValleyRailroad Company; running thence northwesterly along said northerly line ofthe Lehigh Valley Railroad Company's right of way One Hundred oeventy (70)feet; running thence northerly on a line forming an interior angle of 65
045' .01"
with the center 1ine of Aero nrive at a poing in said center 1ine Two HundredEleven and Nine-two Hundredths (211.92) feet westerly from the point of"eginning: Four Hundren Ninety-nine and Thirty-five Hundredths (499.35) feetnortherly to the center line of Aero nrive; running: thence southeasterly alongsaid center line of Aero Prive Two Hundred Eleven and Ninety-two Hundredths(211.92) feet to the point of beginning; b~ing One and Ninety-one Hundredths
(1.91) acres more or less.
'~jRRE.~, the Zoning Board of Appeals having rendered itsdecision granting t~e application of the petitioner to rezone from Residential'listrict to First Industrial District the property hereinafter described. be
it RF:', 01SFD. that the decision of the Zoning Board of Appeal o
gr,nting the application of the petitioner to rezone premises from Residentialnistrict to First Industrial ni.trict be and the same is hereby confirmed, be
it RE"OLVEI1, by this Town Board that the Ordinance adopten"ecember 21, 1042, and as now amended be and the same herebv is amended bychanging the Zoning M~p so as to change the following described property fromthat of Residential ni1trict to First Industrial District •
Item No. 19 ',,"1E~I,""', the loning Board of Appeal_ of the Town ofCheektowaga, New York, held a pUbli~ hearing for the purpose of considerin~the ,ppl ication of Lester B. Baker for the rezoning of premises from Residential District to First Industrial nistrict of the property hereinafterdescribed and amending the Zoning Map and Ordinance accordingly, and
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DESCRIPTION
Dated: May I, 1961
, " 1\J . .' ,
lJE-:CRT "TION
1 - Town Hall Bulletin Boa~d.
The above Not ice was posted as follows on the 6th day of
EXCEPTING .\ND RESERVING from the premises above describedthat portion thereof described in a man and descriotion 0' s~id maO and parcelrecorded in Erie County Clerk's Office in Tiber 3838 of needs at Page 38 onFebruary 20, 1046 .
REoOlVEn, by this Town Boerd that the Ordinance adoptedDecember 21, 1942, and as now amended be and the same hereby is amended bychanging the Zoning Map so as to change the following described property fromthat of Residenti.l District to Business District.
BEGINNING a. a point in the westerly line of said Lot No. 11,being the east 1 ine of a road, nmol known ;lS lTnion Road tone (1) chain wide, onthe west side of said Lot No. II, at the distance of 17 chains and 23 linkssouth from the northwest corner of said lot; running thence easterly parallelwith the north line of said Lot No. II, 14 chains, 51 links to ~ soft maplepost; thence south parallel with the westerly line of said Lot No. 11, 10chains, 42 links to a white oak post; thence westerly parallel with the saidnortherly line of said Lot No. II, 14 chains and 51 links to a white oak poston said west line, thence north ~long said westerly line of said lot, which isthe east line of said l'nion Road, ten (0) chains and 42 links to the pl~ce ofbeginning, containing fifteen and twelve hundredths (15.12) acres of l~nd,~ccording to a m.:lp or survey made by Tobias Pi tmer I Surveyor I nated March 10 J
1853 and filed in the Office of the Clerk o' the County of Erie on May 25, 1853with a decree in a p~rtition action brought by Peter navis against JosephNeyerling and others; the premises herehy conveyed being described anddesil!,nat(-':oon said m;lp Rnd survey ~s "Lot No.5" anA h~ing the qame: prp.misp.sde.cribed in a deed dated the 1st dav of February 1860, recorded in the Officeof the Clerk of the Countv of Erie, in the Ctate of New York, on the 3rd navof Fehruary 1869, in T"iber 250 of needs at page 48, from Paulus nuringer andC;Jth'2rine
Jhis ,,,,ife. to Ch!'isti:ma l,,'ildy.
ALI TIIAT TRACT OR PARCEL OF LANn, situate in the Town ofCheektowaga, in the County of Erie and otate of New York, being part of LotNo. II, Township II, Range 7 of the Holland Land Company's ourvey, boundedand described as follows:
RESOLVED, that the decision of the Zoning Board of Appealsgranting the applic~tion of the petitioner to rezone premises from ResidentialDistrict to Business District be and the same is herebv confirmed, be it
h'HEREAS, the Zoning Board of Appeals having rendered itsdecision granting the application of the petitioner to rezone from ResidentialDistrict to Business nistrict the property he~einafter described, be it
Ttpm No. 21 ~.'!'RREAS, the Zoning Board of Appeals of the Town ofCheektowaga, New York, held a public hearing for the purpose of consideringthe application of John M. Konsek and Florence Konsek for the rezoning ofpremises from Residential District to Business District of the property hereinafter described and amending the ~oning Map and Ordin~nce accordingly, and
May, 1961:
That portion of the property loc~ted at the southwestcorner of Ne'", 1,','alden f\Vp.nue and Union Road and pres~ntly held in the nameof George E. Steffan, which lies south of New Walden, north of l~ke Roadand west of the ga<oline sta.ion lea<ehold as outlined on the enclosed survey.Said property consists of 6.261 acres more or less and is exclusive of thegasoline station leasehold.
~tem No. 20-Cont'd.
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KENNETI! T. HANLEYTown Clerk
follow. on the 6th day of~bove Notice was posted a.
Town Halt Bulletin Board.
~oved by Councilman Bystrak, seconded by Councilman Fath,
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The
Councilman Trojanoski gave a report on the sidewalk
the Town J
Item No. 25to adjourn.
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Item No. 24construction in
Genp.r~l Fund Nos. 4161 to 4227 inclusive
llit:;hway Fund 1211 1217
C:pec ial l)istricts 1528 1560
Part Town Fund 464 469
CI & I 266 1267
AYE." : -7- NOES: -0- AKENT: -0-
Item No. 23 Moved by Councilman 1Jroblewski, seconded by CouncilmanKornecki, that this Town BOArd does herehy go on record as appearing againstthe Iroquois Gas Corporation for a rate increase.
~hat the following claims be approved a. pres"nted:
Item No. 22 The 'allowing: resolution was moved by Councilman Kornecki
andl seconded by Councilman Bys trak:
May, 19611:
Dated: May I, 1961
FllRTItER EXCE;'TING ANn REoERVING from the premis"s ahov"descr1ibed a parcel of 1~nrl containing approximately 2.979 acre. along thenorth sid? ofthe~e premi~ps qaid pxcp.ption having a frontA~e on Union Roadof 166.04 fp.et and b~ing 112.82 feet in width at the rear linp., being aproperty which is pr~sently in the process of being acquired hy the Town o'Cheektowaga for Highway ~nd Creek Improvemp.nt purpose•.
Item No. 21-Cont'd.
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Cee. nci ImanCouncilman
SupervisorCounci Iman':o',ncilmanCounei lmsnCouncilman
-0-r~OES :
:::tanley R. Bystrak,10seph Korneek i
ABSENT:
Also present was Town Engin~p.r Kamrn.
CHEEKTOWAGA, ~W YORKMar 27, 1961
r RE "E \'IT: Ben.. Mc t T. Ho1t 7
Felix T. Wrohl ..w~kiAl ancin M. FathMichMl J. Kaczmsr..k!oseph M. Trojanoski
At a special meeting of the To'~ ~oard of the Town of Cheektowaga,New York, held at the Town Hall in the saill Town of Cheektowaga onof May, 1961, at 1:00 o'clock, P.M., Eastern Daylight Saving Time,
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Sp.r.onded by Councilman Kaczmarek and duly put to a vote which
resul ted M fo1low.:3upervi~or 1101 tz Vot inp: AYE
Councilman '.;roblewski Vot ing AYE
Councilman Fath Voting AYE
Counc-ilnun Trojnno~ki Voting AYECouncilm3n J{ e.czmarek Votinr AYE
AYE~:
Tt"m No.4 Councilman Trojanoski offered the following resol1!tion and
moved its aGoption:
11HEREAS, hids "ere duly received on .\;->ril 17, 1961, as theresult of qdvertisem"nt the>refor duly puhlished as required hy law, for theconstrl1ction nf sewer i1' North Creek Drive, as part of the sewer system ofSe~~r District No.7, and such bids were puhlicly opened, read and referredto Nuss1:>aumer, r.1ark" & Velzy, Sonsl11tin~ Engin..ers for this Town, for analysis,tahulation and report, and such report is hereto attached, and
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\IllEREAS, Ralph D. Young, Inc. hM submitted attached letterdated May 12, 1961, advising of a suh~tantial ~istake innocently made insu':>mitting bid, and requesting that same be withdrs''""; Na-i, THEREFOP.I:,
Item No.3 Councilman Trojanoski offered the following resolution and moved
its adoption:
WlffiREA", bills were duly received on April 17, 1961, as the resultof allvertisement therefor duly published as required hy la'" for the constructionof water line i!' 10sson Rosd, and s'Jcll bids were publicly opl'ned, read, andreferr,,11 to Nusshaumer, Clarke & Ve12y, Sonsulting Enp.:ineers for this TO;,"T1, foranal ys is, tab'llation and report, ano such report is hereto attached; No;;,
TlffiREFORE ,~E IT RESOLVEU, that in accordance with such report, contract
for construction of said water line be a'''tlrr1ed to r. M. E. Company, In"., inthe ~ount of $28,398.50, this being the lowest bid submitted by a responsiblebidder complying with the specifications.
Item No.2 The To"" r.lerk a~.,i sell th.. Board that a copy of the minutes ofthe previous meeting has been placed on their desk in the Council Chamber.
Due to the absence of Town Clerk H"nley, Councilman '"roblewskiwas d.. signcd to act as T~,~ Clerk for this meeting.
Item No. 1Erie r.ounty,th.. 27th lIaYthere were:
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Votin~ AYFV0ting AYEVoting AYFVotin~ AYEVoting AYE
All SE I\'T :_0_NOES:
FELIX T. WROBLEUSKIActing Town Clerk
3upervisor HoltzCrmncilman l"lroblew~ki
Councilman FathCouncilman :rojanoskiCouncilman Kaczmarek
Moved by Councilman Kaczmarek. seconded by Councilman Fath,
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SEAL
Item No.5to adjourn.
AYES:
Seconded by Councilman Kaczmarek and duly put to a vote, w!>ich
resulted as follows:
RESOLVED, that in accordance with the said report of~~ssbaumer, Clarke & Velzy, contract for the construction of said sewer inNorth Creek Drive be awarded to A. !'< ,T. Fago Contr., Inc., in the amount of$3I,Q40.00, this bein~ the lo~~st bid submitted by a responsible biddercomplying with the specifications.
BE IT RESOLVED, that the withdrawal of the bid ofRalph D. Young, Inc. be and the same hereby is permitted, and be it further
Item No. 4-Cont'd.
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Item No. 3 Referred to the Assessors the request of Arthur Musarra tochange the name of the highway knOh~ as Powell Drive to Poinciana ~arkway.
Item Np. 5 Referred to the Town Attorney the sub-division bond for Arthuranil Eva Musarra in connection with sub-division improvements on POh~ll Drive.
Item No.2 'rhe Town Clerk advis~,d the Board that a copy of the minutes ofthe previous meeting has been placed on their desk in th~ Council Chamber.
/
Attorney Kitzinger;Mersmann, and Justice
Councilman
supervi~or
CouncilmanCouncilmanCouncilmanCouncilmanCounc ilman
1 t) ...
CHEEKT~lAGA, NEW YORKMay 15, 1961
the request of the Chie f of
TRAFFIC C'RDI~\NCE
TRAFFIC ell; AIRPOIlTSAND AIRFIE1.:JS
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R'Iferred to Councilman 1iroblewskiman to the following schools:
(2) New York State Division for Youth Conference atSt. L~rence University, Canton, New York.
(1) Erie County Sheriffs' State-Ilide Institute onhandling the mentally ill and abnormal persons.
ABSENT:
PRESENT: Benedict T. HoltzFe lix T. Hrobl ewskiJoseph KorneckiAl ancien M. PathMichael J. ~aczmarek
Joseph M. Trojanoski
This being t~e time and the place advertised for a publicthe purpose of considering the advisability of adopting an or~innncebe knO'-~ as Local Ordinance No. 31, to provide as follows:
Item No.9hp,aring forwhic!". ij to
Item No. t Ordered received and filed communication from the BuildingInspector approving vari 1us bu il ding permit appHcat ions.
Item No.4Pol ice to send
Item No.8 Ordered referred to the Town Board COllllllmication from theT!Ighriay Superintendent requesting the 3csrd to abandon the balance of EastfieldRoad, n distance of 1 75 • 63 feet, and Meadowla"~ Road between a line 120 feet /3-west of and :-arnl1el with thp easterly 1ine of Lot 4.
Item No.6 Referred to the Town Board list of names submitted byChester Rutkowski, Acting Director of Recreation, for employment in the ~
Recreation Department. I -
Stanley R. ~fstrak
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Alse present were: Town Clerk Hanley; TownGeneral Foreman Banko; Tmm Engineer Kamm; Chief of Pol iceof the Peace Pyszczynski.
IT~m No.1 At a regular meeting of the ~own Board of the T~~ of Cheekt~'aga,Erie Copnty, New York, held at th~ To'm Hall in the said Town of Cheektowaga,on the 15th day of May, 1961, at 7:30 P.M., Eastern Standard Time, there were:
MEETING 1'0. 11
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Voting AYEVoting .\Vf,
Veti.,g :.YEVcfi..\~ !.YE",""t-in,'" ~VT;'
Vot ing l...YS\'oting AYEVoting AYEVoting AVEVoting :..Y?'Voting AYE
ABSEl\Tf :
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NeE::
Supervisor lIol t7:::ouncilman F.thCouncilman Wroblewgi·:r,·~.p1_~;iIn)..';'I.'\ ;~c·rr.:~(~::.
Cr111nf'11'r":'1 V.l-"'z.~:T'''l
Councilman Troianoski
NOES:
2upervi~o=- 1101 tzCouncilman FathCoun"ilr.lan \7robl ?ws)c iCounci1man KorneckiCoun"il~an KaczmarekCouncilman Trojanoski
~o"n~il",an Fath offered the fol 1O<lin~ resolut ion and movnd its
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AYE~:
Seconded by COllncil'N\n Fath and duly put to " vote, "hieh
resllltp.cl as follow.:
Street.
.\YES:
llnrlem 'lOad Brid!?:" oV':'r Broadway - Remove two (2) 4000 lumennO"t type ~tandards from stan<1ards 11 and 12, and install six (6) 6000 lumenpost typ~ standards on e>rioting st~ndards 9, 10, 11, 12, 13, and 14.
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RESCL'.'ED, that tl18 'Ie" York State Slectric and (;as corporationbe authorized to tMke the follo",inl'; street lightini( clHmges in the Town of
Cheektow"ga:
Item No. 11 coun"ilman \-iroblewski presented the following resolution and
mo~d its adoption:
t,':~!::RE/\.::; Nugsba~.:m~r, Cl'.,rk.e & Velzy, Cons111 tin~ ~ngineers forthis Tcv:nt hgvr'. comp' ~t.~(~ :,re.l iminarv plan~ for the enlarf!PmP.nt ~nd imrrov~:'l' otof the sp-'..l,fJge diBpoRa1 !,lant of .~ei;[email protected] .2io:;trict No. ~ ~ whil"h plons haw rCloceivedt~('>. ~r}'r~al nf t.he State Department of Health; ~C107. THEREFORE,
Install a 2500 lumen light on existing Pole 1951 in ~tradman
Si'eonded by Councilman Trojanosl{i and duly put to a vote,
which resulted as foll~'s:
Secondr.~ ty ('ounc i,lr:t.an Vrobl~t:~k i ~n~ ,~lJl y I'I1.~t t.o a votP., ',-;h il""h
r~,su1t"d as follows:
BE 11 RESOlV''', that ~"id en",incers bp and they hereby arn(Hr:"~ted to l'rep3Y"o"l final [" "n-:;, dra\r:ings ;md specific~tione for fp."""h p..n1 t1re;ement".'nn imrrnv(t;~nt uork at gaid ~e.·.,!n~p iH<:::nosal pJ,~.n~, tOf!i~t~:""r ·...:ith thp p:stim8.t.~d
maxirrl',1In CDC; t of such work.
RESCL\~D, thDt the Nia~ara Mohawk rm,~r Corporation beauthorize,~ to inst~" a 4000 lumen 1 i~ht on Pole No. hO~ situate in Eggert
Roa,} between Kenville and Cedar Road.
Item No. 10 Councilman wro~lewski presented the folIo-ling resolution and
moved its adoption:
The supervisor announ~ed that the Board would hear all personsinterested in the subject of the hearin~. and no ~erson appearin~ in oppositionthereof, th", Supervisor ordered the hearing closed, an il that the same bereferred to the Dep'Jty Town Attorney for a reaolution to adopt same.
The Town C1erk presented proof that the Notice of Hearing
has been duly pUblished and posted as required by law.
Item No. 9-Cont"'.
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:mERE,\.S, there was Hl"d with the Town Poard on June 20, 19150,pursuant t~ 3ecticn 200 of thp T~~ la~ of New York. a written petitionrequesting the improV?mcnt of the pUblic hi~hway known 3" Green~ay Eoulevard,extending from Fairhaven Drive north",,,.terl y, a~proximatP'y Q15 feet to::'!lrfI\in-;'~.:11p Ro~(l. ~y the construction of a permanp-nt Favement. to'!:pther withthe in~tal1.3tion of rece.ivers and all "eces.ary underground drains, 1r.d saidhi~h'olaY bein~ a Town highway, ann ~',j~h petitin" ~tqte~ ~lc;)OOO 2p t1-t~ maxit'lumamount proposed to be expended for ~uch improvPm<>nt, and the ,m,~ Board dulvheld on July 11, 1060, a purylic hearing at which it heard all persons interestedin such improvement concerning the ~3me and thereafter the Tewu Board dulyJ~t2r~ined that it is in the pUblic interest to make such improvement anddirected Nussbaumer, Clarke ~ Velzy, Consulting Engineers for the Town, toprepare definite plans and specifications and to make a careful estimate of theexpense of such improvement, and thp. estimate of the cost thereof as preparedby said engineer~ is $20,000, and the improvemP.nt cannot be constructed withinthe maximum amount proposed to ~ expendec therefor as statecl in said petition,and it i.s necessar" to call a f"rth,~r put-lie "earing on said petition andimprovement i NO·:, THEREFOPE, it is hpreby
Seconded by Councilm2n ,Jroblewgki A~~ rluly rut to a vote, whichresulted as fol1<Y,':s:
EE IT HE;::0JVED, th~t Nus!ibamner, C13rke !.: Vel'ly, Con~nltin~
Enginl?ers fnr tl,i: ,!,()l;~"', be 'In:~ they ~r-._r?b~· n!"~ directed to m-:lke a study ofthe n,,~do for additional facilitie. in TJrainage District No, 7, involvingconstruction of trunk mains through Barone Circl~ Subdivision and in the areaof thp. ~-Cre~t Elementary School, and to make ~ report to this Town Board,together ~.,ith the e!=:timatad maXiHltltT1 cost of such construction work.
T~',,, 'co. 1': '-ouncilman Kornp.cki offered the following resolution and~oved it~ adoption:
Councilman \',rob1c>lski presented the following rello1'ltion anilmoved it~ adoption:
',I~-t£RE!'..S, the resi(~enti:ll n~""elopt:l.en+ Rt th,_~ P-"l.~t ('nCo ofTJrainage I'istrict No.7 requir"s th~ installation of adclitic>n:ll trnnk cr~in~;
Nm, THEREFORE.,
8JR")~ER 0RPERED that the Town Cl",rk be and he herp.hy is orderedand directed t~ pUblish a certified copy of thi~ rp.solution and order in theCJ;SEKTC'{AGA TJ"!E3, n np,.~qp~p"r publishen nne' havinll; a gl'neral circulation inthe T""" of ChP.ektm,aga, not les~ t!'.an ten (10) nor more than twenty (20) d.aysprint' to the nate of the heari,,~, "nd thnt the Town Cl",rk post conspicuouslyor C3U~~ to be r0st~~ conspicuously, certifi~d copie~ nf t~i~ re~olution andorder in five (5) public placM al"ng both sidell of said hill;h<7aY to beimprove.", not lo~s than ten (10) n"r morp. th.1n t:;cnty (0) days prior to thedate of the h"aring •
CRDERED that the Tmm Board of th" TO\m of Chp.p.kt","'aga. in the(;cunt~' of Erie, shall meet at tee r.,..m l1.al1 , corne.r of Broad"'av and Vnion Roadin "aid To,,", on the 5th d~' of ,Tune, 1961, at 2;,0 o'dock P,M., EasternD~'1ight Savi.ng Ti""', fot' the purpose of further considl'ring ~a{.> petition andimprovement and hearing all persons interested in the SUbject therl'ofconcerning the Sam?',
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Item ~o. 14-Cont'd.
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Voting AVEVoting AYEVoting AYEVoti'1!( AYEVotinc AVEVoting AYE
NOES: -0-
:'Jp"rv isor Holt 2
Cou'1ri lrnan ~'!r(\hlewski
Cound lman "nthCouncilman TrojanoskiCo~nci'man KorneckiCouncilman Knczmarek
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1 Post at the corner of Greenway Blvd. and Fairh~ven Drive;2 Post on Gr~enway Blvd. 50 feet northuest of Fairhaven 9rive;3 _ ,ost on Greenway Blvd. 75 feet northwest of Fairhaven Drive;4 _ Post on Greenwav Blvd. 100 feet northwest of Fairhaven Drive;5 _ rost on Greenway Blvd. 150 feet northwest of Fairhaven Drive.
Posted as follows on the 22nd day of Mill', 19~1:
~erp.to attac':led is a copy of the Notice published in the
CHEEKTC7>lAGA TIME,:
Gop~' C'f the Notice mailed to \~alt.. r piotrowski & Son Builders,Inc., 268 lJori~ Drive. Hest Senp.ca, New York, on Mny 22, 1961.
AYES:
;.;e.conded by Counrilman Fat':> and duly put to a vote, wh ich
resulted RS follows:
P'c",::::R OR9ERE" tl..nt:1 copy of this order shall also besent by regular mail to the last kn~~ a~dr~ss of each person who signed
s3id petition.
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and that no more than six days intervened be-.
tween publications.
EVE J. ALLISNOTARY PUBLIC. 51:... TE OF NEW YORK
Qualified in Ene CountyMy Commission Expire$. March 30, 19 ,~ ~
Rea:istere~ No. 5029
MAY 22 1961day of (;2.....19 .C ~
.............~.~./...J~..... ,.i[~ .....Notary Public in alifor Erie County, N. Y.
Swom to before me this. .
(Affiitavit)
in said paper once a week for.....'U..-:~ ....weel5':
.. MAY 1e 1961first publIcation :
last publication ~1.~L}..§..JS.~.l.. ;
newspaper is a copy, was inserted and published
which the annexed printed slip, taken from said
Iisbed weekly in said Town; that the notice. of
deposes and says that he is the publisher of the
Cheektowaga Times, a public newspaper pub-
WILLARD C. ALLIS, of the Town of Cheekto·
waga, in said County of Erie, being duly sworn,
STATE OF NEW YORK }COUNTY OF ERIE ...TOWN OF CHEEKTOWAGA
1t",m NO. 14-:::ont'0.
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:~T:O~::~:~~~~Town Board of the Town of Town Clerk be and he hereby isCheektowaga. Erie County New ordered and directed. to publishYork, held at the Town' Hall a certified copy of this resolu~corner of Broadway and Unio~ tion and order in the CHEEKTQ.Road in said Town on the 15th WAGA TI::\IES. a newspaper pub-day of May, 19tH, at 7:30 o'clock lished and having a general cir-p.m., Eastern Daylight Saving eulation in the Town of Cheekto--Time, there were: waga, not less than ten (0) norPRESENT' more than twenty (20) days prior
BENEDicT T HOLTZ to the date of the hearing, andSupervisor . 1 that the Town Clerk post con-
FELIX WR,.O"BLEWSKI, spicu~usly or caus~ .to be Il.0stedCouncilman conspIcuously. certifIed copIes Df
JOSEPH KORNECKI this resolution aDd order in fiveCouncilman.' (5) public places along both sides
ALANCIN M. FAm. of said highway to be improved,Councilman. not less than ten (10) nor more
MICHAEL KACZMAREK tban twenty (20) days prior toCouncilman. ' the date of the hearing.
JOSEPH TROJANOSKf. FURTHER ORlJEREl) that aCouncilman. copy of this· order shall also be
ABSENT: sent "" regular mail to lbe iastSTANLEY BYSTRAK known address of eado person
Couneilm....· wbo signed said pelition.Counei!!n... Wroblewski pre. Seeonded by Councilman Fath
..nted tbe folJowing resoiuliOll and duly put to a vote wbich _and moved its adoption: sulled .. foHows:
.WHEREAs, tben was filed Supervisor HoltsWilb lbe Town Board "'! June Voting AYE20, 1960, pursuant to Sec:tion 200 Couneilmaa Wroblewsll:iof tb,e Town .~w of Ne~ York, Voting AYEa wntten pelitioD requ~g .lbe Couneilman Kornecl<i1IDjlrovement of !tie publie bigh· Voting AYEway known .. Gre...ay Boule- Couneilm... Fatbvard, extending from Fairhaven Voting AYEDri"e northwesterly, approxi· Councilman Kaczmarekmately 915 feet to F~ale VQting AYERoad, by the construction of a Councilman Trojanoskipennanent pavement, together Voting AYEwith the instalhition of receivers Ayes: 8 ~ Noes: 0 _ Absent: 1and all necessary. underg""!nd STATE OF NEW YORK )drains. and sam bigll""y bemga Town bighway, and such peti- COUNTY OF ERIE )lion stated $15,000 as tbe maxi· I, KENNE7H T. HANLEY,mum amount proposed to be ex- Town Clerk of the Town herein-pended for such improvement, after described, DO HEREBYand the Town Board duly beld UERItF Y as follows:on July 11, 1960, a pubiic bear- 1. A reguiar meeting of theing at which it heard all persons Town Board of the Town ofinterested· in such improvement Chektowaga, a town located inconcerning the same and there- the County of Erie, state of Newafter the Town Board duiy de- York, was duiy heid on May 15,termined that it is in the public 1961 and minutes of said meetinterest to make. such improve- iog have been duly recorded inmen! and directed Nuss~umer, tbe Minute Book kept hy me"""i1>Clarke and Velzy, Consulting 01- ..cordanee with iaw for the pur.gineers for the Town. to pre~e pose of recording the minutes ofdefinite pla.n6 and specific~tiOl1l meetings of said Board, and sucband to make a careful .estimate minutes appear at page NO. A-~of the expense of such Improve- inclusive, of said book.ment, and lb. estimate 01 ~e 2. I bave compared the a"coat. there~l as prepared by ~d tached extract with said minute.eDglDeers 1. $20,000. and the lID- so reeorded and said extract i.p~ov~ment eanJ?ot be constructed a troe copy of said minutes andWltnlD the IINlXlIDum amount pro- of the whole thereof insofar IIposed to.be ~xpeD~ theref~r said minutes relate to matterlas stated In SaId petition. and It referred to in said extract.i~ neee~ry to cal;1 a fw:tJ.1er pub- 3. S9id minutes correctly st~t.!lC beanng on satd petition and the time wben said meeting "asImprove~lIu:Dt; NOW. THE R E· convened. the place where sucbFORE, .t '" bereby d meeting was beiJ and the mem-
ORDERED lbat the TQWD~ bers of said Board who attendedof the Town of Cheektowaga, III . .the County of Erie, shan meet saId ,,",etmg. ..n=n~F Iat the Town Hall, comer of IN~ n.n.I:.ll\..l:JV,Broadway and Union Road in have hereunto se~ my hand andsaid Town, on the 5th day of have hereunto.affIxed the ~orpOr-June, 1961, at 2:30 o'clock p.m., ate spal of saId Town, thIS 15thEastern Daylight Saving Time, day ~f May, 1961. NLEYfor the purpose of further c~n· KEi'JNETH T. HA •sidering said petition and 1m· Town Clerkprovcm{"nt and hearing all per· (Pub: Mal 18)
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Itpm No. 14-:ont'd. (Affidavit)
Hereto attached is a copy of the. Notice pUbl ished in theDEPE\~ HERALD A.I\11 CJIEERTa.~AG.\ N1::,13:
Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
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Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
KE NNETH T. HANLEYTown Clerk
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NOTICE TO BIDDERS
NOES:
Supervisor HoltzCouncilman Wroblewskicouncilman KaczmarekCguncilman FathCouncilman TrojanoskiCouncilman Kornecki
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Dated: May 15, 1961
AYES:
The detailed specifications may be examined at the office ofthe Town Clerk, where the same are on file.
Copies of the specifications are made available for allpr~spective bidders. Sealed bids must be received not later than 2:30 o;"lockP.M., Eastern Daylight Saving Time on June 5, 1961, at which time they will bepUblicly opened by the Town Board at a pUblic meeting called for that purposeto be held at the Town Hall, corner of Dnion and Broadway, Cheektowaga, New
York.The Town of Cheektowaga reserves the right to reject any, and
all bids, or to waive technical defects in bids if it be in the public interestof the TOlrn of Cheektowaga to do so.
This Notice is to be published by direction of the Town Boardof the TOI<."Il of Ch"ektowaga, Ne" York.
The Town of Cheektowaga hereby requires separate sealed bidsfor one (1) Industrial Tractor with power take-off for use in the Sanitar;Sewer District No. 5 Treatment Plant.
~ESOLVED, that the TOlrn Board meet on the 5th day of June,1901, at 2: 30 o' clock P.M., Eastern n"ylight Saving Time, at the Town Hall,Broadway and Union Roads, Cheektowag2, New York, for the purpose of receivingsealed bids at which time they will 00 publicly opened by the T",,rn Board at apublic meeting called for that purpose.
RESOL\~D, that this request be granted and that the TownClerk be directed to publish the annexed NanCE TO BIDDERS in the DEP!;;\7HCRALD AND CIIEEKTmAG.~ NE\~S, having a circulation in Hoe TO'rn of Cheektowaga,in connection with the said Jndustrial Tractor, and be it further
WHEREAS, the 2nnitary Se~r District No.5 Treatment Planthas notified the Town Board that th~y are in need of one (1) new IndustrialTractor with power take off, be it
Item No. 15 C~~ncilman Fath presented the following resolution andmo,~d its adoption:
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L J 1\
of the
Cheek.towaga
HewsIl<pew
Hepald and
day of
J
(.\ffid avit)
being duly sworn, deposes and says that he is the
RICHARD G. BENNETT
a newspaper with general circulation in the Towns of
PUBLISHER
Cheektowaga and lancaster, and published at Depew,
New York, that notice of which the annexed printed
19....._....., and that not more than six days intervened--~
be=\~~~=;st?rl¥~_..
slip token from said newspaper, is a copy, was in
serted and published therein once a week for .. _._1 ..
week, the first insertion being on the ./£Kday
of ~qy'.........., 19..&.1, and the last inser·
tion being on the .. day of _ _ _ ,
} ss,
May 15, 1961KENNETH T. HANLEY
TDwn Clerk
STATE OF NEW YORK
COUNTY OF ERIE
my18
NOTICE TO BIDDERS
The TDwn Df CheektDwaga here·by requires separate sealed 'b~dsfDr Dne (1) Industrial TractDr withPGwer take-<>fffDr use in the Sanitary Sewer D)stnct No. 5 Treatment Plant.The detailed specifications may be
examined at the office of theT~Clerk, where the same are on file.
Copies of the specifications ~remade availa'ble for all pr()Specbvebidders. Sealedblds must ~ received not later tban 2:30 0 clockPM Eastern Daylight Saviug Timeo~ June 5th, 1961, llt which timethey will be pnblicly DIK;ned by theTown Board at a -pubhc meetmgcalled fDr that purpose tD 'be 'h~dat the Town Hall, corner of Unto'lland Broadway, Cheektowaga, NewYork.
The Town Df Cheektowaga reserves the right to reject 3'!1Y' andall bids, or to waive techmcal d~feels in 'bids if it be in the pubhcinterest of the Town of CheektDwall3 to do so.
This notice is -to be publishedby directiDn of the TDwn Board Dfthe TDwn of CheektDwaga, NewYDrk.DATED:
Item No. 15_~nnt'd.
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Yoting }..YEVetoing AYEVoting AYEVo"t.in~ AYEvoting AYEVoting AYE
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NOES:
NOE.3 :
.:upervisor HoltzCouncilmnn Hrohl~,;"ski
Councilman TrojanoskiCouncilman FathCouncilman KorneckiCouncilman Ka~~~rek
Councilman Fath offered the following resolution and moved its
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'.;llER".~", Little Lc)gu" tlasebell competition makes a verymaterial contribution toward the curbing of juvenile delinquency, and
Item '10. 18Ildoption:
AYES:
AY£~:
",il:EREAS, during the past fe·.... years, throug!l the unstintingvolunteer efforts of many of our 30ul~ citiz~ns. interest in Little Leagueor~aniz?tions ha~ hac a mushroom ernwth dm~ng 0~r y~uth; NOW, ~lffi~FORE,
.... ;,'r-I.(.pd l1y ':';r'\..i.rcilr:t3p ~.'r()l'l~;..'(;td ,:,T, .... c.t.:.1y filt to a VOt.E,
t.,;!l!rh r~~i.l:':"cc. a~ I:'I"'\:J('\..[';;
BE IT RESCLVED, that the supervisor, ('ounciltIW:'n, the TownAttorneys, the Town Engineer, and such other personnel as the Supervisordeems necessar\', be and they hereby are authorized and directed to investigatethe availability of such assistance, and to make the necessary applicationsto the Federal agency in charge of granting such assistance, and in thatconnection, are authorized to make such trip or trips as may be necess~ry toAl1>any and !'lev York City to cor.f<!r with State :tnil Ferlera1 representatives,the prop2r expenses incurred therefor to be paid for by the Town.
',:HEREA':;, Federal assistance may be available toward theconstruction of trunk se'~rs in the proposed extension of Sewer ~istrict No. 7and for the enlargement and improvement of the sewa~e disposal plant of SewerDistrict ~lo. 5; NaI, TIlEREFGP.E,
Ttem No. 11 Cou~cilman Fath offered the following resolution and movedits adoption:
h£ IT R.:;.jUU·';'-. +h". t;,e \.~ek of JUT1'" 4, 11151 be .lId it herebyis dcsiqnatp.c ..1:: "C~~~ektO\"aC3 Lit.~l..;. L~~ue .;e.eJr".
Seconded by Councilm:tn Wroblewski and duly put to a vote, whichresulted as follows:
, ,.~ .
Seconded by Councilman Wroblewski and duly put to a vote,which resulted as follO<IS:
BL IT RESOLVED, that the voucher of Str~co, Inc. in theamount of $555.05 to do the work and furnish the materials be approved andor<1ererJ pain.
$555.05.
:,..:n;~~~\..:;. pmergency ~ewer repAirs ""ere required on Trucly Lanein Sanitary SeHer District No. 3 which repairs were ordered by the TownEng ineer. and
W}~~L\S, the eo~t of th~ work nn~ ~teri~l~ amounted to
Item '10. 11' Co'mcilman Kornecki presenterJ thp. follo,:ing resolution andmoved its adoption:
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Road,
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ipmcnt,,,.ho,.j Z~('
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to srlirected
on and movec
to a vote,
to a vote,
resolution
put to a vote, which
AB~ENT:
>,y Councilman
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Pol k"of $5,400.00 •
of Norman E. Conway,eena,ge Center, ~~ inore
rate of I'illiamCenter, be incre from
and
Corporation, 1875
the
the foIl
ano~ki and dulj~
the follo'Aing
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mem'h;;:;,r~ of. thestart
Charles V.
NOES:
NOES:
NOES:
Councilman
\,lIEREAS, the C;j!OOrononly ~idder. be it
',~'":l£PE~...:j! hid~ ',J'f'r£'. !'cceived on 'Mny 1, 1951, f0r the rurch.:l~': 0f
ton ;·ortabl<.' Pnller Ilith for use in
Council1MTl
Moved by Councilman Kaczmarek, by Councilmanof Florian Jablonski for an extension of his sick
Councilman
Councilmanion:
1\S TT RE3C'1VEI:, tt.at all bond antic ion not"" presentl?and which will mature on .Tune I, 1961, shall be for a
of ,ix months, and ~uch notes "hall be sold to theTrust Company the , who is
hond ant ie ion note.s, the Town Clerksuch not"s the seal of the To,,'11 of
RE:.::01....V':::', thatand Norman J. Kolb,
arc.Tune 8, 1961. at
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.:C,,,,c>n,j,,d byresulted as follows:
AYES:
RE~0I.VEr' t th~t thi:: bi d be award~~ to the ~ .lmerc;nc",-n""'.ion in thE' amount of $2,150.00 and thot the :;Ill'crvisor beand directed to contract for of same.
"",~ (1)the
resu as follows:
AYE:3 :
Councilman Kaczmarek
BE IT llESOLVU::I:,~ccreati~n :upervi~or
fro", $2 a year to $2,200 a year,or11ac~ki, laborer at the M~rm,~l
$1.50 an hour to $1. ,,0 an hour.
leave
AYE:::; :
Ne;,.~ York,and~ffective.
Seconded by '" cmll,eresulted as follows:
01..1t~t,2n~in~
furtherand Trad" rssuchto affix to
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Gl'neral Pund Nos. 4230 to 4290 inclusive
Highwa:" Fund 1219 123'1
2reciaJ Districts 1562 1585
Part Town Fund 471 481
C & I 270 271
.- AYES: -(- NOES: _0_ PJlSENT: -1-
That the following claims be approved as pres~nted:
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KE N/Z:: 'T'H T. IIAN1EYTown Clerk
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ABSENT:
AESE"'I':
:JlSEN1":
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NOES:
Ncr::
Moved by Councilman Trojanoski, seconded by Councilm~nthe TOO1Tl Clerk be authorized and directed to release fourteenvoting machines to the Westingho~ge Union Local for use on
NOES:
Halkowiak Str"et 500 f"ct to 800 feet down;Vern and Sandy Streets;Constance Street 500-800 feet from corner;JoanI'. Lane on bend 500 feet;Sandy Street at the end;Donn"r and RaymoT1d Street;Donn"r and 1.ud;;ig;\,;i1~(\m ::treet;Hojcik Street;Patricia around ~8-G2 Number;Girard on corner;North Hi1.lowla"'lTl at end;rorth P1ea~ar.t Street at end;Alaska around house No. 119;r'olby ("orner Hurd;Glidden Street around house No. 114;!Jri~ht and \Iilliam Street;Nenda1.. at the bend;Nandale around house No. 83.
Moved by Councilman \Jrob1 ewsl- i, seconde1 by Counrilmanthe Sri" CO\!nty IJater Authority be 3t1thorized and directedfollowing fire hydrants in Doyle Fire District No.1:
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SEAl"
AYES:
Item No. 27 The fol1owinS- r .. solutioT1 waS l!l,wed by Councilman Kornccki andseconded by Councilman Wroblewski:
Item ~1('\ • .29 Moved bv Co~ncilman J( :lC"zmarck. seC"onderl ,,~! Counc ilman
"bl k I d',~ro ews 1, to a Journ.
Item No. 28 Complaint of the Town Park Home Owners Association relatin<;to conditions at the Town Park was referred to supervisor Holtz.
Item No. 26Korneck{, that(1t,) automaticMay 24, 1961.
AYES:
Item No. 25 Moved by Councilman Kaczmarek, seconded by CouncilmanlJroblelJski, that the request of the Local 1026 to close the TO'N"Tl Hall onSat ...rdaYs during the months of June, July, and August, be denied.
AYES:
I tern No. 24Kornccki. ~~z..t"
to ins tall the
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Also, for a police escort for the Grand Parade to be heldon July 2, 1961. /
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CHEEIO'OofAGA, mw YORKJune 5, 1961
SupervisorCouncilll\8IlCouncilll\8IlCouncill1l8DCouncilll\8IlCouncilll\8IlCouncilll\8Il
NOBS: -0-
PRESENl': Benedict T. HoltzFelix T. WroblewskiJoseph KorneckiAlancin M. FathMichael J. KaczmarekJoseph M. TrojanoskiStanley R. Bystrak
ABSENT: -0_
McDonald Corporatiol\ Union Road - Concrete R.estaurantSigmund Kidowski, 2871 Harlem Road - Store BuildingA. p. RoIIIell, Genesee street - Steel SignFrank Ziolkowski, 1348 Harle.. Road - Steel Sign
MEETING NO. 12
ItA No. 4 R.eferred to the Town Attorney stat_nt frOll the Village ofSloan in the 8DOunt of $977.00 for recreation equip_nt for the Village Park.
Griswold Street between Willowlawn Parkway and Pleasant Parkway.Willowlawn Parkway ft'OIIl Griswold Street to the Thruway
Ite.. No. 6 Ordered referred to the Chief of Police the request of DoyleHose Company No. 2 to close to traffic the following highways on JUly I, 1961and July 2, 1961. in connection with their Annual Field Days:
Itea No.2 The Town Clerk advised the Board that a copy of the minutes ofthe previous lIIlleting has been placed on their desk in tile Council Ch.-ber.
Itea No.3 Moved by Councilll\8Il Wroblewski, seconded by CouncilmanTrojanoski, that the Town Clerk be authorized and directed to issue buildingperaits on applications approved by the Building Inspector in his coammicationdated June 5, 1961, except for the following:
Also present were: Town Clerk Hanley; Town Attorney KitziDger;BUilding 8< Plumbing Inspector Trafalski; Lieut. Graham; Town Engineer K_;General Foreman Bank, and R.ecreation Director Rutkowski.
AYES: -7-
Itea No. S Ordered referred to the Chief of Police cOlllllUllication from theBoard of Fire Commissioners of Walden Fire Dutrict No.2, requesting NoParking on the west side of Gualbert Street for the entire length of the street;also that No Parking on the west side of Pine Ridge Road frOlll Walden to WildyStreet be allowed.
Item No.1 At a regular _eting of the Town Board of the Town ofCheektowaga, Erie County, New York, held at the Town Hall in the said Town ofCheektowaga on the 5th day of June, 1961, at 2: 30 P.M., Eastern DaylightSaving Time, there were:
Ite.. No.7 Ordered referred to Councilman Trojanoski, Chairman of theSidewalk Committee, coumunication from the Village of Sloan relating tosidewalk replacement and repair on Broadway, south side••
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Item No. 8 Referred to the Town Board coanunication frOlll Frank J. Stahl,Business Representative, relating to vacations for Town employees. 2; I
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I .Ordered referred to the Petitions Committee petition into the rezoning from residence to business district, premisesthe corner of William Street and Glidden Street.
HalseJ" Reid Equipment Inc.,................. 1,Q6
n.00
Circle Motors of ~ast Aurora Inc •••••••••••• 2,uOO.OO
Bereto is a s-.r)' of the bids received and read aloud,
tabulation.
The bids were referred to the Town Engineer for analysis and
F.q1Ji r:mer:t Center ..••••.•.••••••••••••• · •• •·• .~l,711~ .L19
Cameron Equj~ment Corporat1or. ••••••••••••••• 1,9~4.83
The Town Clerk presented proof that the Notice to Bidders has
been duly published 811 required by law.
Item No. 10 This being the time and the place advertLaed for thereceiving ;;;f sealed proposals for the purchase of one (1) Industrial Tractorwith power taite-off for . use in the Sanitary sewer District No. 5 TreatDlllnt
Plant.
Item No.9oppositionlocated at
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Ite.. No. 11 This being the tilE and the place advertised for a pUblLchearing for the purpose of increasing the amount of $15,000.00 to $20,000.00on the petition for the iJIIproveJDent of Greenway Boulevard extending frOlllFairhaven Drive, northwesterly approximately 915 feet to Farmingdale, by theconstruction of a permanent pavement, together with the installation ofreceivers and all necessary underground drains.
The Town Clerk presented proof that the Notice of Hearing hasbeen duly published and posted as required by law.
The Supervisor announced that the Board would hear all personsinterested in the SUbject of the hearing.
Mr. Samuel Belsito, owner of lots on said highway, was grantedthe floor and requested that he be permitted to pay in full his asses_nt onsaid project before the issuance of any bonds. The request was referred tothe Board.
The Supervisor ordered the hearing closed and the followingreSOlution was offered and adopted:
Councilman Fath presented the following resolution and IIOvedits adoption:
WHBRKAS, a written petition was dUly filed with this Board forthe iJIIproveMnt of both sides of Greenw.,. Boulevard extending from FairhavenDrive northwesterly, approximately 915 feet to Faraingdale Road, by theconstruction of a perunent paveant, together with the installation ofreceivers and all necessary underground drains, and
WHBRKAS, it duly appears that such petition has been signed byowners of real property fronting or abutting on said portion of said publichighv." owning at least one-half of the frontage or bounds on said portionof said pUblic hlghw., to be iJIIpr098d as aforesaid, and that there are noresident owners residing along said portion of said highwq proposed to beimproved, and
WHBRBAS, such petition was duly acknowledged or pr098d as toeach signer in the s_ ..llDer as required of a deed to be recorded, and
WHBRBAS, at a _etiJig of said Town Board duly. called and heldon the 15th d.,. of H.,., 1961, an order was duly adopted by it and entered inits minutes, reciting the filing of such petition, the illlprovement proposed,and the estilllate of tile cost thereof, as prepared by Nussbaumer, Clarke andVehy, Consulting Engineers for the Town, to be the sum of Twenty ThousandDollars ($20,000.00), and that the illlproveuent cannot be constructed withinthe maxt.ua ..aunt of $15,000.00 proposed to be expended therefor, as statedin said petition, and specifying that the said Board would meet to furtherconsider said petition and iJIIprovelllllnt and to hear all persons interested inthe subject thereof concerning the s_, at the Town Hall in the Town ofCheektowaga, on the 5th day of June, 1961, at 2:30 o'clock P.M., EasternDayl ight Saving Tillie, and
WHBREAS, the said order, duly certified by the Town Clerk, wasduly pUblished and posted as required by law, and a copy thereof was sent byregular mail to the last known address of each person who signed said petition,and
WHBREAS, a hearing was held by this Town Board at the place andon the date and at the tilE hereinbefore JDentioned, and at such time and placethe said Town Board did duly consider the said petition and hear all personsinterested;
NCW, TRKRKFOIlK, after such hearing and upon the evidence giventhereat and pursuant to the provisions of Section 200 of the Town Law of theState of New York, it is hereby
IT IS RESOLVED AS FOLLGlS:
Item No. ll-Cont'd.
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Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
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SUpervisor HoltzCouncilman WroblewskiCouncilman BystrakCouncill\8ll FathCouncilman Trojan08kiCouncilman KorneckiCouncilman Kaczmarek
NCBS: -0-
Supervisor HoI tzCounepilaan WroblewskiCOUncilaan KacZll8rekCouncill\8ll KorneckiCouncilaan BystrakCouncil_ Trojan08kiICouncllaan Fath
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BE 11' RESOLVED, that Holloway lIE COIIIPany be and they herebyare authorized to prepare the Budget for the year 1962, being the s_ servicesthat have been rendered by Holloway lIE COlIIPany in previous years.
second~d by Councilman Path and duly put to a vote, whichresulted as follows:
AYES: -7-
Itea No. 12 Councilman Kaczmarek presented the following resolution and_d its adoption:
AYES: -7-
SECTION TWO: The scope of such audit shall be limited to and include onlyan accounting of all moneys received and disbursed by all town officers andelllployees, except 3ustices of the Peace, who received or disbursed any moneysof the town, and shall be liaited to and include only an ex_inetion of suchbooks, records, receipts, orders, warrants, vouchers and cancelled checks asrelate to the receipt or disburse_nt of moneys by such town officers andelllployees. .
RESOLVED, that this Board hereby determines that it is inthe, public interest to 1Il8I<e, within the cost estimated by said engineers,the improve_nt petitioned for, to wit: the improve_nt of both sides ofGreenway Boulevard extending frOlll Fairhaven Drive north_sterly, approximately915 feet to Faraingdale Road, by the construction of a permanent pa_nt,together with the installation of receivers and all necessary undergrounddrains.
Seconded by Councilman Wroblewski and duly put to a Yote,which resulted as foll-..:
SECTION ONE: The Town Board of the Town of Cheektowaga does hereby elllployHolloway &: COIIIPaDy to ujake an annual audit for the Town Board of the Town ofCheektowaga covering the calendar year 1961.
The resolut~ was thereupon declared duly adopted.
ltlllll No. 13 I Councill\8ll KacZll8rek presented the following resolution and_a Us adoption:
SECnON THREE: The scope of such audit shall abo include an ex..ination ofthe civil and crainal dockets of the Justices of the Peace of the Town ofCheektowaga for the p/lrpose of determining whether all fines and fees thereinshown to have been collected have been turned over to the proper officials asrequired by 1••
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Superviaor Boltz Voting AYECouncilman Wroblewski Voting AYECouncilman Kaczmarek Voting AYECouncilman Kornecki Voting AYECouncilman Bystrak Voting AYECouncilman Trojanoski Voting AYECouncilman Fath Voting AYE
I AYES: -7- NOES: -0- ABSENT: -0-
The resolution was thereupon declared duly adopted. I
-0_ABSENT:
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
-0-NCES:
Supervisor BoltzCouncilman Wroblewskill:Ouncilman KaczaaarekCouncilman KornackiCouncilman BystrakCouncilman TrojanoskiCouncilman Fath
The reslllution was thereupon declared duly adopted.
-7-AYES:
(b) The correctness, regularity, legality or propriety of theassessant rolls or tax rolls of said Town of Cheektowaga.
<a) The functions, correctness, regularity,legality orpropriety of the action or n_action of any officer or employee of the Townof Cbeektowaga, 80 far as s_ do not relate directly to the receiving ordisbursing of any moneys of the Town of Cheektowaga.
Item No. l3-Cont'd.
Seconded by Councilman Fath and dUly put to a vote, whichresulted as follows:
(c) The correctness, regularity, legality or propriety of thePolice Blotter or other Police Records, informations, warrants, orders,tickets, etc., so far as the s_ do not relate directly to the receiving ordisbursing of any town moneys by any town officers or employees.
SECTION FWR: It is the intent of this Town Board that such audit shallrelate solely to an accounting of the cash receipts and disbursements ofofficers and employees of the Town of Cheektowaga and shall take the placeand stead of the annual audit as previously made by the Town Board of theTown of Cheektowaga.
SECTION FIVE: The following iteD18 are specifically excluded (but do notnecessarily constitute the only exceptions) from the scope of said audit:
Itea No. 14 Councilman KacZlllar8k offered the following resolution BIld_3 its adoption, seconded by Councilman Fath, to wit:
The foregoing resolution was duly put to a vote on roll callwhich resulted as follows:
RESOLVED: That Holloway 8< Company, 2300 Rand Building, Buffalo,New York, be and are hereby engaged to perform the following services in tilefuture for the Town of Cheektowaga: (1) Prepare the Supervisor's Annual Reportto the Town Board: (2) Prepare the Supervisor's Annual Report to the StateCOIIPtroller; (3) Determine the proper transfers to be authorized by the TownBoard at the end of tile year based upon 1961 appropriations, expenditures, etc.
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ABSE1'l'l' :
ABSENl':
"MIl)' , 1961
Very truly yours,
-0.BOBS:
NOES:
_N...ar_I..C...B !2 CONTRACTORS
Seconded by Council.. Wroblewski.
Councilaan Fath offered the following resolution and _d itsItea No. 16adoptlon:
Dated: June S, 1961
RESOLVED, that the attached Notice to Contractors be publishedin the DEPEW DRAW AJU) CBEEKTCWAGA NEWS and tile CREEKTCWAGA TD£S.
WHEREAS, Holloway 8: COlIlPany has previously been retained bythe Town of Cheektowaga in regard to the review of special franchiseassessments.
Please accept this as a request and authorization to furnishto their representative any recorda or information for their consideration.
This is to advise that the Town of Cheektowaga, Erie County,New York, has retalned Rolloway 8: COlIpany, Buffalo 3, New York, to revi_ theassessll8nt of Special Franchises within said town.
AYES: -7-
NOTtCE IS 11BRBBY GIVEN that pursuant to a resolution of theTown Board of Cheektowaga, Erie County, New York, sealed proposals will bereceived and considered by said Town Board on the 19th day of June, 1961 at7:30 P.M•• EOOT. in tile Town Hall. Broadwa)' at Union Road, Cheektowaga, NewYork, for furnishing all materials, tools, equiPlllllnt and together with 811labor for the construction of concrete curbs in Awood Place, a distance ofabout 700 feet, and Vern Lane north frOlll Willi. Street, a distance of about1700 feet. Town of Cheektowaga. Brie County. New York, ine1uding receivers andother appurtenant work in accordance with tile Contract Doeuments therefor,inclUding plans, Specifications, Instructions to Bidders, etc., prepared byNussbaUlller, Clarke 8: VelllY, Consulting Bngineers to the Town of Cheektowaga,New York and approved by the Town Board, all of which are on file with theTown Clerk at his office in the Town Hall, Broadwa)' at Union Road, Cheektowaga,New York, where the s_ lIl8y be ex..ined during the usual business hours.
Thank you.
State Board of Equalization and Asaesalllellt15S Washington AvenueAlbany, New York
Gentlellllln:
AYES:
BE IT RESOLVED, that Holloway 8: Coapany, Rand Building, Buffalo,New York, be and they are hereby authorized to assist the Town Attorney in thereview and protest of the 1961 special franchise assessments within the Townof Cheektowaga in accordance with letter frOlll Hollowa)' 8: COlIlPany dated Hay 26,1961, a copy of which is made a part of this resolution by reference.
Item No. IS The following resolution was presented by Councilman KaczmarekwhO moved {til adoption, and was seconded by Councilman Fath
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Itea Noll6-Cont'd.
Copies Jf the proposed Contract DocWllents, Plans. Specifications and Instructions to Bid ders may also be ex.ined at the Office ofNussbaumer. Clarke & Velzy. Consulting Engineers. 327 Franklin Street,Buffalo 2. New York. One copy of said proposed docWllents may be obtainedupon payment of $30.00. Any bidder. upon returning said Plans and ContractDocWllenU in good condition, within ~nty (20) days following the taking ofbids will ~ refunded the full amount of his deposit; nonbidders willsimilarly be refunded only one-half of the deposit.
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I Tbe Town of Cheektowaga, Erie County. New York, reserves theright to reject any or all bid~. or to waive any informalities, or to makean award to other than the low bidder •
Bach proposal must be accOlllPanied by a certified check for aSUlll equal to fhe per centUlll (5'10) of tbe estimated expense of the totalimprovement payable to the order of the supervisor. or a bond with sufficientsureties to be approved by the supervisor, or a penal SUlll equal to five percentUlll (5'10) of ~be estimated expense of the improvement, conditioned that ifhis proposal is accepted. he will ~nter into a contract for the s_. and thatbe will execute such further securby as may be required for the faithfulperf01"llllJlCe of the Contract.
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No bidder lilly withdrllW his bid within sixty (60) days after thedate set for the opening thereof. but lillY withdrllW s_ at any time prior tothe scbeduled time for the opening of bids.
KENN!:TH T. HAN1BYTown Clerk
Date: June 5. 1961
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I Hereto attached i. a copy of the Notice published in theDBPEW H£RAW AND CHEBKTOIAGA NEWS and tbe CHEBKTOIAGA TlHES:
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EVE J. ALlI~
NOTARY PUBLIC. STt.i E OF NEW YORKQualified in ErIe County
My Commission Expires Man:h 30, 19 'dRegistered No. 5029
JUN 20 1961day of ...............••................·· ...ZZ......·19........C "' .
.............La./d..L!...4.... .ilCI...fI..:......Notary Public in aolor Erie County, N. Y.
in said paper once a week for...~...wee¥:
first PUbliCatiOO·..···Jt~·····~··~··}~·~·J· ..·······:last publication - ~..}~.~.~ ;
Sworn to before me this .
and that no more than six days intervened be-
tween publications.
newspaper is a copy. was inserted and published
which the annexed printed slip, taken from said
lished weekly in said Town; that the notice. of
Cheektowaga Times, a public newspaper pub-
deposes and says that he is the publisher of the
WILLARD C. ALLIS. of the Town of Cheekto·
waga, in said County of Erie, being duly sworn,
STATE OF NEW YORK }COUNTY OF ERIE ...TOWN OF CHEEKTOWAGA
STATE OF NEW YORKCOUNTY n ••DI.
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KENNETH T. HANLEY.Town Clerk
Date: June 5, 1961(pub: June 8)
,.~-!~ t-N<ml2~~
tut pt&nUaDt to a reaoIution oftile Town Board of Cbeektowaga,Erie Coonty. New York. sealedproposals will be received andeonsidered by said Town Boardon the 19tb day of JUDe, 1961at 7:30 P oM. Ell6T. in tbe TowuHall. Broadway at Union Road.Cheektowaga, N-.w York for furnishing all materials, tools, equip..ment and together with all laborfor the construction of concretecurbs in Awood Place, a distanceof about 700 feet. and Vern Lanenorth from William Street, a dist"""e of lIDoUt 1700 feet, Town 01.Cheektowaga. Erie County. NewYork, including receivers andother appurtenant work in ae_dance with the Contract Doooments therefor, including plans,Specifications, Instructions toBidders, etc., prepared by Nussbaumer. Clarke ..It Velzy. Consultiog Engineers to the Town ofCheektowaga. New York and approved by tbe Town Board. allof wblcbare on file with the-r-n Clerk at bis office in the-r-n Hall, Broadway at UnioDRoad. Cheektowaga. New Yorkwbere the same may be examinetl during tbe usual busin...benrs.
Copies of the proposed Co...tract noc.menta. Plans. Specifications and Instructions to Bidders may also be examined atthe Office of Nussbaumer. Clarke&: Velzy, Consulting Engineers,U7 Franldin Street, Buffalo 2,New York. One copy of said propeoed documents may be obtained upon payment of $30.00.AJ1Y bidd.... upon returning saidPlans and Contract Documents ingood condition. within twenty(20) daya following the takingof bids will be refunded the fullamount of his deposit; nonbidders will similarly be refundedonly ODHal! tbe deposit.
The Town of Cbeektowaga.Erie County. New York, reservesthe rigbt to rejeet any or all bida,or to waive any informalities, orto make an awarel to other thantile low bidder.
Each proposal must be accompanied by a eertified cheek fora sum equal to five per centum(5%) of the estimated expenseof tbe toW Improvement payableto the order of the SUpervisor.or a bond with sufficient sureties to be approved by the Supervisor, or I penal sum equal tofive per centum (5%) of tbe estimated expense of the improve·ment, conditioned that if his pro.posal is accepted, he will enterinto a contract for the same, andthat he will execute such furthersecurity as may be required forthe faithful performance of theContract.
No bidd-er may withdraw hisbid within sixty (60) days afterthe date set for the openingthereof, but may withdraw sameat any time prior to the scheduled time for the opening ofbids.
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of the
six do s intervened
Cheektowaga
and HewsDopew
Herald
PUBLISHER
1y::.... and thot n
b~een a
t
RICHARD G. BENNEn
serted and published therein once a week for .
week , th!J first insertion being on the ../;:.t:1.~. day
of !f~c~..... 19.::/, ond the last inser·
tion being on the .. doy of _ - - ,
slip taken from said newspaper, is a copy, was in-
New York, that notice of which the annexed printed
Cheektowago ond Lancaster, and published at Depew,
a newspaper with general circulation in the Towns of
being duly sworn, deposes and says that he is the
} ss,
-~ -"'lUO puu A.qlU1\',!l.I"lJ'llllr '-""""<l 'l~_.._.__.__...._..._.._.
'LZi:
STATE OF NEW YORKCOUNTY OF ERIE
'0&8'80Z
T:J3110
.""l')r
Sworn to before me this __. day of
JUII ;;; ~ 19lr. .
·.-:':~.·.·.•~-~C-::·:::~1J~b· •..Y~iic in and for Erie c~~lty
NOTICE TO CONTRACTORSNOTICE IS HEREBY GIVEN
that pursuant to a resolution ofthe Town Boord of Cheektowaga,Erie C()unty, New York, sealed proposals will he received and considered by said Town Board on the19th day of June, 1961 at 7:30 P.M.EDST, in the Town Hall, Broadwav at Union Road, Cheektowaga,Ne;v York for furnishing all materials, tools. equipment and together witi1all labor for the construction of concrete curbs in Awood'Place. !3 distanee of about 700 feet,and Vern Lane TI'lJrth from WilliamStreet. a distance of about 1700feet, Town of Cheektowaga, ErieCounty, New York. i.ndu<ting re.. ' . -LEGAl.
CENTRAL SCHOOlTowns of Lancaster, (
County of Er
"""'~.~''!Il{OOQ )0 l""W"""-Idal
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RICHARD G. BENNETT
being duly sworn .. deposes and says that he is the
NOTIC~ TO CONIfRACTORSNOTICE IS HEREBY GIVEN
that pursuant to a resolution ofthe Town Board of CheektowagaErie County. New York, sealed pr~posa'ls will be received and conrsid-
_ ered by saidl Town. Boord on the19th day of Jlme, 1961 at 7:30 P.M.•EDST, in the Town Hall, Broad-way at Union Road, Cheektowaga,New York for furnishing all mater-ials, tools. equipment and togeth~
er with -all labor for the construc~
tion of concrete curbs in AwoodPlace. '3 distance of about 700 feetand Vern Lane north from Willi~Street. a distance ofaoout 1700feet, Town of C~eektowaga, ErieCounty, New York, indudin!1 re-.ceivers and other appurtenant right to reject any or all bids, orwork in 'accordance with the Con- to waive any informalities, Qr totract Documents there-for, includ- make an award .to other than theing plans Specifications, II16truc- loW bidder.tions to B}dders, etc., prepared by Each proposal must be accomNussba~mer, Clarke & Velzey, panied by a certifie1 cJ.cck foI' aConsultmg Engineers to the Town sum equal to five per centumuf Cheektowaga, New York and ap- {5%) of the estimated expense ofproved by the Town Board, all of the total improvement payable towhich are on file "",hi"f:!I~'T6Wn the order of·4:he Supervisor, or aClerk at his office in the TGwn bond with sufficient sureties to beHall, Broadway at Union Ro'ad. approved by the Supervisor, or aCheektowaga, New York rvhere the penal sum equal to five per eentsame may be examined during the urn (5%) of the estimated expenseusual husiness bours. of the improvement. conditioned
Copies of th~ prop05ed Contract that if his proposal is accepted,Documents, Plans, Specifications he Will enter mto a co.ntract forand Instructions to Bidders may the same, and that :he WIll executeals<> he examined at the Office of such further seeunty as may·he reNussbaumer, Clarke & Velzy, Col>- quired for the faitbful1'<'rfonnancesulting Engineers, 327 Franklin of the .Contract.. ..Street Buffalo 2 New York. One No ·bldder may Wlthdraw his bIdcopy ~f said p"';posed documents within sixty (60) d·ays after themay he obtained upon paym'1.mnt oo,f date set for. the openIng thereof,$30.00. Any bidder, up<>ll retu'rning ~ut ma~ Withdraw same at any.aid Plans and Contract Documents tune pnor 1? the ocheduled timein good conditi()n, witllin twenty for the opem~ of bids.(20) days following the taking of KENNETHT Cl k
T. HANLEY
,bids wiU he refunded the fui! own eramoum of his deposit; 1!"nbidders Dated: June 5, 1961will 'be similarly 'be refunded mtly - '.-- - .~ -one-half the deposit.
The Towrl of Cheektowaga, ErieCounty, New York, reserves the
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STATE OF NEW YORK }COUNTY OF E~IE 55.,
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By:
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
ABSENT: -0-
March 27. 1961
-0-
CHEROKEE PARK, UC.160 Keystone StreetBuffalo 11. New York
NOES:
SUpervisor BoltzCouncilman BystraltCouncilll8l1 FathCouncilll8ll KaczmarekCouncilman KorneckiCouncilll8D TrojanoskiCouncilll8ll Wroblewski
-7_
Dear Sir:
AYES:
RESOLVED, that tile supervisor be, and he hereby is authorizedto IIIIl1ce parEnt for the s_ in accordance with cOllllllll1ication frOlll CherokeePark, Inc. attached hereto.
BE IT RESOLVED. that the Town Attorney be, and he hereby isauthorized and directed to obtain the neceuary legal dOCUlllents to affect thispurchase by the Town, and be it further
It is the understanding frOlll the Erie County Treasurers' Office and the Townof Cheektowaga Tax Collectors' Office that past taxes are as follows:1958-$905.21; 1959-$886.35; 1960-$762.11; current year-$749.18 (plus interest)
Yours truly•Cherokee park, Inc.
Item No. 17 Councilman Fath presented the following resolution and_ved its adoption:
WHBREAS. Cherokee Park, Inc•• is willing to convey said parcelsubject to the pay.ent by the Town of any back taxes on said preai.aes whichthey state ~ts to approx1aately $3,300.00, and
Mr. ThOlll88 E. DelahuntDeputy Attorney forTown of CheektowagaErie County BllIlk BuildingBuffalo 2. New York
WHEREAS. tile Town Engineer has rec_nded tile purchaae of
NGl. TBiREFOR.
Steve Yeager, President
Seconded by Councilman Kornecki and dUly put to a vote. whichresulted as follows:
Please be adVised that Cherokee Park, Inc. is willing to convey to theTown of Cheektowaga that parcel of land located in the Town of Cheektowaga,Coun.ty of Erie and State of New York being part of Farm Lot 17. Township 11.which parcel consist.. of approximately 5.28 acres. bounded on the North bylands owned by the Town of Cheektowaga (drainage ditch), bounded on theEast by lands owned by the State of New York (Ontario Thruway). bounded onthe West by lands owned by the N. L. lit O. Power Co. and by lands owned by theIroquois Gas Corp. and on the South by lands owned by the State of New York(Parcel 226). Cherokee Park, Inc. is willing to convey that parcel to theTown of Cheektowaga, subject to any past taxe. on that parcel being paid bythe Town of Cheektowaga. Up-to-dated survey and metea and bounds descriptionto be furnished by Cherokee Park, Inc.
WHBREAS. Cherokee Park. Inc. has informed the Town of Cheektowaga that they are willing to convey to the Town of Cheektowaga a certainparcel of land containing approximately 5.28 acres bounded on the North bylands owned by the Town of Cheektowaga (drainage ditch), bounded on the Eastby lands owned by the State of New York (Ontario Thruway), bounded on the Westby lands owned by the N. L. & O. Power Co.. and by lands owned by the IroquoisGas Corp•• and on the South by lands owned by the State of New York(parcel 226), and
SY/b1
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WHEREAS, the cost of the work and materials aIIIounted to
Seconded by Councilman Trojan08ki and duly put to a vote.which reaul ted as follows:
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-0-
-0-
-0-
ABSENl':
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
ABSENT:
ABSENT:
voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
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NOES:
NOOS:
Supervisor HoltzCouncilman WroblewskiCouncilman BystrakCouncilman TrojanoskiCouncilman FathCouncilman KorneckiCouncilman Kaczmarek
NCES:
Supervisor HoltzCouncilman FathCouncilman WroblewskiCouncilman KorneckiCouncilman TrojanoskiCouncUman J(ac zmarekCouncilman Bystrak
-7-
-7-
-7-
AYES:
BE IT RESOLVED, that the vouchers of Straco. Inc. in the lllIlOuntof $595.89 to do the work and furnish the materials be approved and orderedpaid.
$595.89.
AYES:
BE IT llBSOLVED. that the voucllera of Straco, Inc. in tile.-ount9 of $407.56 and $817.33. to do the work and furnish the _ter1a1a beapproved and ordered paid.
Seconded by Councilman Trojanoski and duly put to a vote,which resulted as follows:
Item No. 19 CouncUman Fath presented the following resolution and mowdits adoption:
WHEREAS, the cost of the work and materials lllIlOunted to$407.56 (350 Cayuga Creek Rd.) and $817.33 (300 Cayuga Creek Rd.).
Item No. 20 Councilman Fath presented the following resolution and movedits adoption:
WHEREAS, emergency sewer repairs were required on Kensingtonat Liberty Terrace in Sanitary Sewer District No.5, which repairs wereordered by tile Town Rngineer, and
WHEREAS...rgency sewer repairs were required on 350 CayugaCreek Road and 300 Cayuga Creek Road in Sanitary sewer District No.3 whichrepaira were ordered by the Town Engineer, and
AYES:
Install four (4) 4000 IllMn glua units on existing Poles Nos.
27, 28, 29, and 30.
Seconded by Councilman Wroblewski and duly put to a vote,which resulted as follows:
RESOLVED, that the New York State Electric and Gas Corporationbe authorized to lII8ke the following changes in the street lighting in RosslerStreet between Clinton and Griswold Street:
Item No. 18 Councilman Bystrak presented the following resolution and_d its adoption:
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1. Thst the present limits of liability of SO/loo bodilyinjury and 25/25 property d_ge be increased to 200/500 bodily injury, andSO/SO property d-g1.
Item No. 22 Councilman Trojanoski offered the following resolution andlDOved Its adoption:
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BE IT RESOLVED, that the following changes in all liabilityinsurance coverages for this Town be effected iIlmediately:
-0-ABSENT:
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
-0-NCES:
Supervisor HoltzCouncilman BystrakCouncilman FathCouncilman KaczmarekCoun~ilman KorneckiCouncilman TrojanoskiCouncilman Wroblewski
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Item No. 21 Councilman Wroblewski presented the following resolution andmoved its adoptir:
WHEREAS. it has recently been brought to our attention that alarge number of reputable residents in Western New York have received severepenalties from the New York State Alcoholic Beverage Control Board for thesale of intoxicating beverages to a married girl who happened to be only 17years of age, but who appeared to be mucr older, and
WHEREAS, there are IIIOre than 100 business places in the Townof Cheektowaga which serve alcoholic beverages to the public for on-premisesand off-premises cons1llllption, which establishments are operated legally andrespectably, and in which hundreds flf thousands of doll.-s are invested, andwhich provide employment and e.-nings for hundreds of town residents, and
AYES: -7-
WHEREAS, the laws 11II presently constituted, in the opinion ofthis Board, are unfair and confiscatory, to say the least, and
IWHEREAS, violation of any laws are not to be condoned.
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NCW. THEREFORE.
BE IT RESOLVED. this Board goes on record as recOlllllllnding acOlllplete revision of fhe New York State Alcoholic Beverage Control Lawsincluding therein penalties against the unlawful purchasers of alcoholicbeverages so that the honest. respectable liquor license holders in the Town ofGheektowags and elsewhere will not be at the mercy of unscrupulous or unlawfulyoungsters to the en4. that the license holders will be more readily able toabide by the l-r' govemiDg the operation of their businesses. and be itfurther
RESOLVED. that ~ Town Clerk be, and he hereby 1s directed tosubmit certified copies of thia reSOlution to Govemor Rockefeller, SenateMajority Leader Walter J~ MahoIley. Senate Minority Leader Joseph Zaretzlti.Assllll.blyman Majority Leader George L. Ingalls, and Assellblyaan Minority LeaderAnthony Travis. I
Seconded by Councilman Kornacki and duly put to a vote, whichresulted as follows:
WHERBAS. delinquent and WaYWard youngsters by the borrowing ofdraft cards and birth records. and by devious other -ans, lII&Y procurealcoholic drinks and jeop.-dbk the licenses of these business places and
- ::se the loss of inc~ and employment and even life savings in many instances,
WHEREAS, the majority o~ penalties result frOlll circ\llllStancesof which the owner or license holder !Jas no proper control, and
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Item No. 22-Cont'd.
J'f-0_
ABSENT:
ABSENT:
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N<ES:
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-7-AYES:
AYES:
Item No. 24 Councillll8ll Michael J. KSCZlll8rek offered the following resolutionalid moved Its adoption:
2. That liability coverage be afforded in connection withissuance of construction and/or demolition permits.
WHBREAS, the owners of Sublot 25 have agreedto give a 5-footeasement through this Sublot to permit the laying of said drain, and theUnited German and French Reman Catholic C_tery Association of the City ofBuffalo has agreed to convey to the Town of Cheektowaga the right to constructand connect said drain as aforementioned to the existing drain in saidMt. Calvary Cemetery, which the said Association owns, for the s_ of$2,355.00; NOW, THEREFORE,
- -1 .j .)
Seconded by Council_ Bystrak and duly put to a vote, whichresulted as follows:
Item No. 23 Council_ Fath offered the following resolution and movedits adoption:
WHBRBAS, a drainage problem exists on Mafalda Drive which hasbeen studied by the Town Engineer and the Superintendent of Highways, whorec_nd the installation of a drain along the west line of Sublot 25,located on the south side of Matalda Drive, and through cemetery lots ofMt. Calvary Cemetery to connect with a cemetery drain presently existing,which will convey storm waters from Mafalda Drive to the Harlem ROad drainat Maryvale Drive, and
WHEREAS, the sponsor of this resolution has on numerous occasionsbeen advised by parents and parent groups that certain drive-in theaters in theTown of Cheektowaga have at times shown motion pictures described to be in badtaste, and
WHEREAS, the selection of motion pictures shown by theseestablishmen. plays an important part in the entertainment of our population;NOW, THEREFORE,
WHEREAS, it is the duty of this Town Board, as it is of everycitizen, to protect and help promote the moral fiber of our youth, and
Seconded by Council_ Bystru and duly put to a vote, whichresulted as follows:
BE IT RESOLVED, that the construction of the drain as aforementioned be approwd, and the Supervisor be and he hereby is authorized topay from the General Fund the SUlll of $2,355.00 to the United German and FrenchROIIIIIJ\ Catholic C_tery Association of the City of Buffalo, for the drainagerights as above set forth, and to execute on behalf of the Town of Cheektowagaany instruments wh1eh may be required in connection tberewith.
5. That the expression "caused by accident" be eliminatedfrom all liability policies.
3. That automatic contractual liability coverage pertainingto liability assumed in all written contracts outstanding and entered intoby the Town during the current policy period be afforded, on the basis thatthe Town will agree to allow the insurance carrier to review copies of alloutetanding contracts and to furnish the carrier with copies of new oneswithin thirty days of their signing.
4. That exclusions (1) and (m) of the comprehensive liabilitypolicy be eliminated, which presently exclude dtlDage to property resultingfrom the use of explosives and the collapse of buildings or structures fromdigging, moving, etc. if performed by the Towns' employees.
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in the
"':"'a'~ of
ofto a
to a VU'<E •
of
to a
of the driVEI-I.nbe and
any littaste, and
ABSENT:
1961. hetweenChI~e):tolflllga New
of
I'UJLUL, thenceof Lydia Lane all
of
lowing relsolut:Lon and _d
22nd
-0-
to the
offered the
that the SUli>llrviJlor he he herebyof the Town of Chlae);tO'lIall:a the
to the nc,on.,rt" tll1el~in IIlOre p.,..,,,,cu,",r..ythe Town to execute the s_ on
tba TO'W to he tbareto
a"':J.D Fath
the Town Clerk beto
NOES:
NOES:
extended. 275.22 feet1'11.ag'lra MoI~a-.'1< Fowr eorn.,...,t
line of said
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are the owners of s J.l.IlUrl;e inCOIl~nt:y of State of New :lOIrE...... "ft" of
....S'" 7 of the Holland sas :
Secondedas
WlIEREAS.
BE IT RESOLVED.to execute on
to sewertba of1II1trl~ct No.
COI'po1:at ion ,acres more or
-7-
-7-
at tbaas shown on a celrtllin mapunller COYer No. as ex1~en,ded
of Powr 0I110ratlloneast of the line of meas"reo at
rUJll.niLng thence nOl:ther1lv and e",.te,rlvN1lig~iZ"a Mohawk Powr OI:'1)Ol:at
BE IT the owners andtheaters located within the of the Town of
are to refrain from thetheaters wn.1cn are obscene ,
shown to those areage grl)Ull,a; and be it further
pointcourse
resulted as follows:
as ofl\II1'ir.TO CARI)AREL1LI. re... :unn,,, at
GILDO at Newafter '::,~:u the Ta./N BOARD OF TIlE Ta./N OF Cm~EK'rQl!AG,~.ERIE t', OF NEW on of Sewerhereinafter <;;au.:", "TO'W BOillr~I". and TOWN OF ERIE CClIJNl:Ya '''''''.'''''_J.c munll.CJ.pal cOI:po·rat:iOll.
RESOLVED,to a "'''' ~ ....Town of
which..
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Item No. 25-Cont'd.
andWHEREAS, Subdividers have undertaken the subdivision of said
lands into 53 building lots to be designated Bel-Aire Estates, Part I; and
WHEREAS, it is necessary that sanitary sewer facilities forsaid subdivision be provided; and
WHEREAS, said lands are not presently in a Sanitary SewerDistrict and are presently without provision for sanitary sewer facilitiesland
WHEREAS, said lands are situate 90 feet east of the eastboundary of Sanitary Sewer District #7; and
WHEREAS, Sanitary Sewer District #7 is a duly fot'lDed sanitarysewer district of the Town of Cheektowaga pursuant to law; and
WHEREAS, Sanitary Sewer District #7 has available fUll andadequate facilities for the discharge and disposal of sanitary sewage of saidproposed SUbdivision; and
WHEREAS. there is pending a proceeding to extend SanitarySewer District #7 to include said lands, .-mg others. which proceeding IIl83'not be determined for a considerable period of time; and
WHEREAS, said proceeding has been undertaken at considerableexpense and effort, including the preparation of full engineering plana, maps,and estimates, and the performance of those _asures required by law to betaken upon a proceeding for the extension of a Sanitary sewer district; and
WHEREAS. a separate petition to extend Sanitary sewer District#7 to include only Subdividers' said lands, if granted, would frustrate saidpending extension proceeding; and
WHEREAS, Subdividers are desirous of proceeding with thesubdivision of said lands, and will suffer grievous financial d8lll8ge ifsanitary sewer facilities for said lands cannot be expeditiouely provided; and
WHEREAS, Subdividers are ready, willing and able to install insaid lands approved sewer facilities at their own expense to empty into thesewer system of Sanitary Sewer District #7; and
WHEREAS, Sanitary Sewer District #7 is willing and able toaccept into its sewer systeDl such sanitary sewage upon a rental basis,
NGI THEREFORE. in consideration of the mutual covenants andagreements herein contained, the parties hereto do hereby agree as follows:
1. Subdividers ~e that upon approval and filing of asubdivision map embracing said lands hereinbefore described and designated asBel-Aire Estates, Part I. they will ccnstruct at their own expense allsanitary sewer facilities within said subdivision to connect with and dischargeinto the existing sanitary trunk sewer of Sanitary Sewer District #7 at itspresent easterly terminus in Lydia Lane, formerly Coverdale Road.
2. Town Board hereby grants unto Subdividers the right toconnect said facilities to be installed into the existing sanitary trunksewer in Lydia Lane. formerly Cloverdale Rosd, and to discharge into saidexisting sanitary trunk sewer, sanitary sewage of said proposed subdivision.
3. Subdividers agree that they will pay to Sanitary SewerDistrict 117 such sums as shall be determined frClll1 time to time by Town Boardacting on behalf of Sanitary Sewer District #7, as Town Board shall determineto be fair and reasonable charges for the right to use the sanitary sewerfacilities of Sanitary Sewer District #7. Such charges shall be apportionedlIIIIong the several building lots in the subdivision in proportion to theamount of benefit which the right herein granted by Town BOard shall conferupon each such building lot•
TaiN OF CllEElO'CWAGA
Item No. 25-Cont'd.
By /s/ Benedict T. HoltzSupervisor
SSe :
/s/ Bernard Silverlll8nCOIIIDissioner of Deeds. Buffalo, N.Y.Expires 12/31/62
IN WITNESS W1IEREOF, we have hereunto set our hands and sealsthe date and year first above written.
/s/ Nuncio Cardarelli
6. Subdividers agree that upon request of Town Board, theywill execute and file a proper petition for the extension of Sanitary SewerDistrict #7, or the creation of a sanitary sewer district, to include saidlands hereinbefore described, and Town Board is and shall be Subdividers'attorney-in-fact, hereby irrevocably designated, to execute and file in theirbehalf such petition.
4. Subdividers agree that upon the proper installation ofsanitary sewer facilities in the streets of said subdivision they willconvey to the Town of Cheektowaga said facilities, when said Town shallrequest such conveyance. Upon acceptance by the Town of Cheektowaga of saidfacilities, and thereafter, Sanitary Sewer District #7 shall maintain saidfacilities, and the cost thereof shall be charged and apportioned as hereinbefore set forth.
by /s/ Benedict T. Holtz/s/ Alancin H. Fath
/s/ Felix T. Wroblewski/s/ Joseph Trojanoski
TOoIN BOARD OF THE TQffl OFCIlEEIcrCWAGA, ACTING ON BEHALF OFSANITARY SEWER DISTRICT #7
/s/ Gildo Baldusi
10. This agreement shall inure to the benefit of, and bind theparties hereto, their grantees. successors and assigns.
8. Subdividers agree that they will, at their own expense,C8U8e a duplicate of this agreement to be recorded in the Office of the Clerkof Erie County, and this agreement shall be of no force or effect until sorecorded.
s. Such charges as made and apportioned shall be a lien uponthe individual building lots in said SUbdivision, and may be assessed, levied,and collected against and from said building lots and the owners thereof.
9. This agreement shall attach to and run with said lands,8lld any and all interests in any or all of said lands shall be subject to thisagreement.
7. This agreement shall terlllinate upon said lands becCllling apart of a sanitary sewer district, excepting that all such charges accrued ormade hereunder prior to terlllination shall remain lawful obligations untilsatisfied or discllarged.
STATE OF NEW YORK)CWNrY OF ERIE )
On this 22 day of Hay, 1961. before me. the subscriber. personallyappeared NUlCIO CARDARELLI and GILlJO BALDASSI, to me personally known andknown to me to be the S8lDe persons described in and wbo executed the withinInstrument, and they severally acknowledged to me that they executed thes_.
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B No. 10698
lsI Robert W. GriDlllCounty Clerk
.,
lsI Kenneth T. Hanley
lsI Kenneth T. HanleyCOIIIII. expires 3/30/63
SS.:
ss.:
ss.:
On this 17 daY of June, 1961, before me, the subscriber, personallyappeared:
Alancin H. FathFelix T. WroblewskiJoseph H. Trojanoslti
to IE known to be the CoancillS8n of the Town of CheektOllaga, Erie County,New York, aud a _jority of the Town Board of said Town, lIDd known to ... tobe the persons deacribed in lIDd who executed the within instrument, and theyseverally ac:knOllledged to me that they executed the a_.
IN WITNESS WHEREOF, I have hereunto set lIlY hand and affixed the seal ofsaid County and Courts at Buffalo this 19th day of June, 1961.
I, ROBERT W. GRntoI, Clerk of said County, lIDd also Clerk of the Supr_and County Courts of said County, the s_ being Court of Record, do herebycertify that I have cOlSPared the annexed copy with the original AGREEMENTfiled in lIlY office, and that the s_ is a correct transcript therefrom andof the whole of said original.
On this 15 day of .Tune, 1961, before me, the subscriber, personallyappeared BEI£DICT T. HOLTZ, who, being by me duly sworn, did depose and saythat he residea in the Town of Cheektowaga, Erie County. New York; that heis the supervisor of said Town of Cheektowaga, the IIII1nicipal corporationdescribed in and which executed the above instrument; that he knows the aealof said IIII1nicipal corporation; that the seal affixed to said instrument issuch corporate seal; that it was so affixed by order of the Town Board of saidcorporation; and that he signed his name thereto by like order.
STATE OF NEW YORK )COONTY OF ERIE )
Item No. 25-Cont'd.
STATE OF NEW YORK)COONl'Y OF ERIE )
STATE OF 1'EW YORK )COUNl'Y OF ERIE )
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BE IT RESOLVED, that the request of Arthur F. Musarra andothers, that the hereinabove said highways are hereby abandoned.
Item No. 26 Councilman Kaczaarek offered the following resolution andmoved its adoption:
WHlUlKAS, tbe United States Post Office Branch at tbe AirportPlaza has a sign stating "United States Post Office CheektOlfaga Branch,Buffalo 25·' and
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ABSENl':
ABSENl':
ABSENT:
ABSENT:
ABSENl':
-1-(Kaczmarek)
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NOES:
NOES:
NOES:
NCES:
NCES:
Seconded by Councilman Fath.
Seconded by Councilman Kornecki
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AYES:
AYES:
AYES:
Itea No. 27 Moved by Councilll8D Wroblewski, seconded by CouncillUllKornacki, that the subdivision II8P of Gilbert SUbdivision, Part 3 Part ofLot 24 T 11 R 7, prepared by Herthe and Sonnenberger, Engineers and Surveyors,dated March 6, 1961, be approved and ordered filed in the Assessors Office.
Item No. 29 Moved by Councilman Wroblewski, seconded by CouncilmanTrojanoski, that the request of Arthur Musarra to change the name of thehighway from Powell Drive to Poinciana Parkway, be granted. I ~
WHEREAS, L. B. Schoonover, Acting Director Postal Installations Division at Washington, D.C., has advised that it is entirely properfor tOlfD residents to use Cheektowaga as their mailing address, together withtheir proper zone nwaber, and
WHEREAS, the use of Cheektowaga as a mailing address by allits residents will asstst in securing to the volunteer fire cOlllpanies of thetown all payments which they are entitled under the provisions of the InsuranceL/III of the State of New York.
Item No. 28 Moved by Councilll8D Trojanoski, seconded by CouncillUllWroblewski, that the subdivision map of Rosedale Heights parts of Lots 67and 68, T 10 R 7, prepared by Hertbe and Sonnenberger, Engineers and Surveyors,dated November 14, 1960, be approved and ordered filed in the office of theBoard of Assessors.
NQl, THEREFORE, BE IT RESOLVED, that the U.S. Post OfficeDepartment be requested to have the aforelllSntioned sign changed by removingtherefrom the reference to Buffalo, and
AYES:
BE IT FURTHER RESOLVED, that a certified copy of this resolutionbe sent to the U.S. Post Office at Buffalo, New York, to the attention ofMr. 3l11118s Collins, with a request that there be an acltnowledgment thereof.
The balance of Eastfield Road a distance of 75.63 feeta alsoMeadowlawn Road between a line 120 feet _st of and parallel with the easterlyline of Lot ~T II, R 7;
Item No. 30 Councilman Fath presented the following resolution and movedits adoption:
WHEREAS, Arthur F. Musarra and others have requested the TOIfDHighway Superintendent to abandon the following described highways in theTOIfD of CheektOtiaga:
AYES:
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DESCRIPTION
June 12, 1961.
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-0_ABSENT:
ABSENT:
" J"" ~~., , ," KENNETH T HANLEY, ., Town Clerk
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NOOS:
NooS:
That the following clai.lDs be approved as preaented:
Moved by Councilll8l\ Wroblewski, seconded by Councilman
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Item No. 32 Moved by Councilman Kaczmarek, seconded by Councilman Fath,that the request of Town Engineer KlllIIll that he and Frank Lunz be authorizedto attend the New York Water POllution Control Aasociation meeting atRochester, N. Y. on JUne 12 and 13, 1961, be granted.
WHEREAS, the Zoning Board of Appeals having rendered itsdecision granting the application of the petitioner to rezor~ from ResidentialDistrict to Business District the property hereinafter described, be it
RESOLVED, that the decision of the Zoning Board of Appealsgranting the application of the petitioner to rezone premises from ResidentialDistrict to Business District be and the s_ is hereby confil'llled, be it
Itelll No. 35 Moved by Councilman Kaczmarek, seconded by Councilman Fath, toadjournm June 8, 1961, at 6:30 o'clock P.M., E.D.S.T.
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RESOLVED, by this Town Board that the Ordinance adopted December21, 1942, and as now _nded be and the s_ hereby is _nded by changing theZoning Map so as to change the following described property from that of Residential District to Business District.
Item No. 33 The following resolution was moved by Councilman Korneckiand seconded by Councilman Bys trait:
AYES:
Item No. 34Trojanoski:
SEAL
Tract of land, located on the southwest corner of Union Road andWilliam Street, Town of Cheektowaga, cOlllllencing from a point in the center ofUnion Road and Willi_ SlL-eet running westerly along the center line of Willi8111Street about 1171.04 feet to a point; thence southerly abollt 440 feet toCayuga Creek; thence e811terly along Cayuga Creek to the center Hne of UnionRoad; thence northeasterly along the center line of Union Road, about 381.17feet to the point of beginning; being about 9.73 acres.AYES: -7- NOOS: -0- ABSENI': -0-
The above notice W811 posted on the Town Rall Bulletin Board on
General Fund Nos. 4296 to 4361 inclusiveHighway Fund 1244 1268 inclusiveSpecial Districts 1590 1624 inclusivePart Town Fund 485 493 inclusiveC & I 272
AYES: -7- NOOS: -0- ABSENT: -0-
AYES:
Item No. :51 Moved by Councilman Wroblewski, seconded by CouncilmanKaczmarek, that the request of the Town Historian to attend the Seminarson American History at Cooperstown, N. Y. on July 2, 1961 to July 15, 1961,be granted.
WHEREAS, the Zoning Board of Appeals of the Town of CheektowagaNew York, held a public hearing for the purpose of conaidering the applicationof Mary Kiliszewski for the rezoning of premises from Residential District toBusiness District of the property hereinafter described and _nding the ZoningMap and OrdiDance accordingly, and
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Councilman Wroblewski said that the HighwaY SuperintendentshOUld accept the streets if they are in good shape.
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CImEKTCWAGA, !lEW YORKJune 8, 1961
supervisorCouncilllSlCounc i1!l18lJCouncilllSlCouncilmanCouncilmanCouncilman
I ' /"
·UNNETHC t ;.1tANlEYTown Cleric
PRESENr: Benedict T. HoltzFelix T. WroblewskiAlancin M. FathMichae1 J. KaeZlUlrekJoseph M. TrojanoskiStanley a. BystrakJoseph Kornecki
ABSENr: -0-
At a regular adjourned meeting of the Town BOard of the Town ofErie County, New York, held at the Town Hall in the said Town ofon 8th day of June, 1961, at 6:30 o'clock P.M., E.D.S.T., there
SEAL
Item No. 4 Moved by Councilman Wroblewski, seconded by CouncilmanKornecki, to adjourn.
The Chairman said that the Highway Superintendent would notapprove on account of no grades, and that the lots were sold on a metes sndbounds description. and that no bond has been filed for Constance Lane, LittleLane, and Joanne Lane.
The Chair-an related to the Board that be. had requesteddifferent building perait applications to be tabled due to the fact that mapshave not been recorded for Joanne Lane, Constance Lane, and Little Lane, andthat said maps have not been recorded in the Erie County Clerk's Office.
CouncillUll Wroblewski presented certified copies of Town BoardReSOlutions where extensions were approved by the Board on February 6, 1956,August 6, 1956, and June 4, 1958.
The Cha1l'l&lUl requested Mr. Pieczynski to contact the HighwaYSuperintendent and his own engineer in order to get this matter straightenedout.
Item No.3 The Chail'l&lUl announced that this \Eeting Wllll called for thepurpose of ascertaining the status of the Park Lane Subdivision.
Item No. 2 The Town Clerk advised the Board that a copy of the minutes ofthe previous geeting bas been placed on their desk in the Council Chlllllber.
The Chairman requested that the subdivision 1I&P be filed forthe whole area and not piece-meal.
Also present were: Town Clerk Hanley; Town Attorney Kitzinger;Deputy Town Attorney Delahunt; Building ~ Plumbing Inspector Trafalski;Assistant Recreational Director Rutkowski, and General Foreman Banko.
MEETING NO. 13
Mr. Ziegfried Pieczynski, President of the Cayuga ConstructionCOIIIpany, Wllll granted the floor and explained to the Board that the subdivisionmaps were approved by the State on November 11, 1955, and that he offeredcurbs to the residents at $3.00 per foot, but they would not accept.
!tea No.1CheektOllaga,CheektOllaga,were:
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Item No.7 Ordered received and filed c_znication from Richard J.Piontek,RepubUcan Town Chairman, and Town Clerk Kenneth T. Hanley calling the TownBoard's sttention to over-loaded election districts in the Town.
Item No.2 The Town Clerk advised the Board that a copy of the minutes ofttUi previous meeting has been placed on their desk in the Council Chlllllber.
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supervisorCouncilmanCouncilmanCouncilla8l\CouncilmanCouncilla8l\CouncUman
CHEEKTO<IAGA, NEW YORKJune 19, 1961
PRESENT: Benedict T. HoltzFelix T. WroblewskiJoseph KornackiAlancin M. FathMichael J. KaczmarekJoseph M. TrojanoskiStanley R. Bystrak
ABSENT: -0-
Referred to the Town Attorney communication from theImprovement Association, Inc., requesting information forthe Wsrd System for the election of Town Councilmen.
Item No.4 Ordered received and filed cOllllUnication from the StateDepartment of Audit and ContrOl approving the Extension of Fire District No.8.
Item No. S Referred to the Supervisor and the Town Engineer petitionbearing the signatures of approximately 500 n_s cOllPlaining about an opendrainage ditch and tributary located generally south of Gardenvale Drive.
Item No. 6 Referred to the Chief of Police c~ication from the BOardof Fire e-issioners of Cleveland Hill Fire District No. 8 requesting varioussigns opposite the Fire Hall to be replaced.
Also present were: Town Clerk Hanley; Deputy Town AttorneyDelahunt; Chief of Police Mersla8l\n; Town Engineer K...; General Foreman Banko,and Justice of the Peace Pyszczynski.
Item No.8 Referred to the Deputy Town Attorney cOlllllUnication from PaulReal Estate Company relating to a plot of land situate at the juncture ofRichard Drive, South Ogden and William Street, to be sewered into the BuffaloSewer Authority line situate on William Street.
Item No.3Cheektowagsadoption of
Item No.9 Referred to the Assessors for a property check petition forstreet iighting equipment in Joseph Street from Wellington to Bernice Drive.
Item No.1 At a regular meeting of the Town Board of the Town ofCheektowaga, Erie County, New York, held at the Town Hall in the said Town ofCheektowaga on the 19th day of June, 1961, at 7:30 o'clock P.M., EasternDaylight saving Time, there were:
MEETIN:> NO. 14
Item No. 10 Received and filed coomunication from Milton Rabow, Attorney atLaw, requesting that the Town withdraw his application for a bUilding penait toerect a gasoline filling station at the northwest corner of Walden Avenue andGualbert Street•
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seconded by Councilman Kornacld and duly put to a vote, whichresulted as follows:
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$28,050.00
$ -01,050.00
27,000.00
-0-NOES:
Trade-in allowanceCheck drawn on Machinery FundCheck frOlll proceeds of obligations
Total
Resolution by Councilman Wroblewski, seconded by Councilman
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Item No. 13Kornecki:
AYES:
WHEREAS, the Town Superintendent of Highways did, on the 3dday of February, 1961, duly recOlllllend the purchase of certain equipmentpursuant to the provisions of Section 142 of the Highway Law.
A contract of purchase for the item purchased shall be dulyexecuted between the Town SUperintendent of Highways and such vendor, andwhen duly approved by the County Superintendent of Highways, it shall becomeeffective. When such contract has been dUly executed and approved, theSupervisor is authorized to complete such purchase upon delivery of the itemspurchased in accordance with the terms of such resolution and such contract,and to pay the above amounts specified to be paid by check or checks.
NGI, THEREFORE, BE IT RESOLVED that pursuant to Section 142 ofthe Highway Law, the Town Superintendent of Highways is hereby authorized topurchase, in accordance with the provisions of Article S-.A of the GeneralMunicipal Law, with the approval of the County Superintendent of Highways, thefollowing:
One Allis Chalmers Model HOllG Tracto Shovel withStandard Equipment and full set of replaceable Bucket Teeth
WHEREAS, bids were heretofore received and publicly openedas the result of advertisement therefor, for the furnishing of a Hi-Lift Truckfor the Town Highway Department, which bids were referred to the Superintendentof Highways for analysis, tabulation, snd report; and
(1) by a check drawn on the Machinery Fund (Item 3) for $1050.00(2) by a check in the 8IIIOUnt of $27,000.00 drllWll on the account
established from the proceeds of obligations to be issuedpursuant to the Local Finance Law to finance suchpurchase. Such obligations will be authorized to beissued by this Board by a separate resolution.
WHEREAS, the Superintendent of Highways has submitted suchanalysis, tabulation and report, and the s_ is hereto attached; NaN,THEREFORE,
BE IT RESOLVED, that the bid of McCormack Tractor COlIlpany forthe furnishing of Allis-Chalmers Model HD-lIG Tracto-Shovel, for the sum of$28,050.00, be and the s_ hereby is accepted, this being the only bidreceived meeting specifications, and said McCormack Tractor Company being aresponsible bidder.
for a lII&Ximum price of Twenty-Eight thousand and fifty Doll8I's ($28,050.00,delivered at Cheektowaga, N. Y., and to be delivered on or about June 1961.
The Town Superintendent of Highways is hereby authorized, SUbjectto the approval of the County Superintendent of Highways, to surrender to thevendor _ - 0 -as part payment for the abow equipment to be purchased. The teru of paymentwill be as follows:
Item No. 12 Councilman Wroblewski presented the following resolution andmoved its adoption:
Item No. 11 Ordered referred to the Assessors and the Town Historianmap and petition for re-naming and re-ntllllbering houses in Triorunda.
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Item No. 14 Councilman Wroblewski offered the following resolution andmoved its adoption:
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
/s/ Kenneth T. HanleyTown Clerk
Supervisor 1101 tzCouncilman WroblewskiCouncilman KorneckiCouncilman FathCouncilman KaczmarekCouncilman TrojanoskiCouncilman Bystrak
Item No. 13-Contt d.
SEAL
CAPITAL NarE RESOLUTION DATED JUNE 19. 1961. AUTHORIZING THEISSUAN:E OF $27.000 CAPITAL NOTES OF TIlE Ta.lN OF CHEEKTa.lAGA. IN TH£ COONlYOF ERIE. PURSUANT TO THE LOCAL FINAN:B LAW. TO FINAlCB THE ACQUISnION OFHIGHWAY M.I1CHINERY.
Section 3. It is hereby stated that (a) the l118Ximum cost ofsaid purpose as estimated by the Town Board is $28.050. and (b) no money hasheretofore been authorized to be applied to the payment of the cost of suchpurpose except the SWII of $1.050 from current budget appropriations. and (c)the Town Board plans to finance the cost of said purpose entirely from fundsraised by the issuance of said Capital Notes except the SWII of $1,050 fromcurrent budget appropriations.
BB n RESOLVED by the Town Board of the Town of Cheektowaga.in the County of Brie. as followa:
Section 1. The Town of Cheektowaga. in the County of Brie,shall isslle its Capital Motes of the aggregate principal 8IIIOUllt of $27.000.pursuant to the Local Finance L., of New York. in order to finanee the specificobject or purpose hereinafter described.
In Testimony Whereof I haft hereunto set my hand and affixedthe seal of said Town this 19th day of June. 1961.
Section 4. It is hereby determined that said purpose is anobject or purpose described in Subdiviaion 28 of Paragraph a of Section 11.00of the LoCal Finance Law. and that the period of probable usefulness of saidpurpose is five years.
It KENNETH T. HANLEY. Town Clerk of the Town of Cheektowaga in theCounty of Erie. N. Y•• do hereby certify that I have compared the precedingcopy of a resolution with the original thereof. duly adopted by the TownBoard of such town at a (regular) (special) _eting of such board held onJune 19. 1961. and that the s.-e is a true and correct copy of such resolutionand of the whole thereof.
State of New York )County of Brie ) SSe :Town of Cheektowaga )
Section 5. It is hereby determined that the proposed maturityof the obligations authorized by this resolution will not be in excess of fiveyears •
Section 2. The specific purpose (hereinafter referred to as"purpose") to be financed by the issuance of such Capital Notes ia theacquisition of lllachinery or apparatus for highway construction or lllaintenance.and consists of one (1) Allis-Ghal_rs Model HD-llG Tracto-Shovel. at amaxilllum cost of $28.050.
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Item No.14.cont'd.
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Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
ABSENT:-0-NOES:
Supervisor HoltzCouncilman WroblewskiCouncilman ByatrakCouncilman FathCouncilman KorneckiCouncilman TrojanoskiCouncilman Kaczmarek
-7-AYES:
Seconded by Councilman Komecki and dUly put to a vote, whichresulted as follows:
WHEREAS, the Capital Note resolution hereinafter referred tohas taken effect in accordance with law and the Town Board desires to makeprovisions for the issuance of the notes authorized by said Capital Noteresolution: NOO, THEREFORE,
BE IT RESOLVED by the Town Board of the Town of Cheektowaga.in the County of Erie. as follows:
Councilman Wroblewski offered the following resolution andmoved its adoption:
(2) Each of the said Capital Notes shall be dated as of adate subsequent to June 19, 1961, and shall bear interest from their date stthe rate of Three Per Cent (3%) per annum. The interest on the Capital Notesshall be payable annually on April 1.
Section 7. This resolution shall take effect immediatelyupon its adoption.
(4) Each of said Capital Notes shall be psyable to bearer andshall be convertible into a registered Capital Note. Esch of said CapitalNotes shall be executed by the Town Supervisor of said Town and shall beattested by the Town Clerk of said Town. Each of said Capital Notes shall besealed with the seal of said Town •
Section 6. This resolution shall be published in full bythe Town Clerk of said Town, together with a notice in sUbstantially the formprescribed by Section 81.00 of said Local Finance Law, and such publicationshall be in the DEPEW HERALD AND CHEEKTOOAGA NEWS, a newspaper published andhaving a general circulation in said Town. The validity of said Capital Notesmay be contested only if such obligations are authorized for an object orpurpose for which said Town is not authorized to expend money, or theprovisions of law which should be complied with at the date of publication ofthis resolution were not sUbstantially complied with, and an action, suit orproceeding contesting such validity is commenced within twenty days after thedate of such pUblication; or if said obligations are authorized in violationof the provisions of tbe Constitution of New York •
(3) Both principal of and interest on said Capital Notesshall be payable at the Manufacturers and Traders Trust Company of Buffalo.in Buffalo, New York, in any coin or currency of the United States of Americawhich at the time of payment is legal tender for the payment of pUblic andpdvate debts.
(1) Capital Notes of the Town of Cheektowaga, in the Countyof Erie. of the aggregate principal allQunt of $27,000 shall be issuedpursuant to the Capital Note resolution entitled "Capital Note ResolutionDated June 19, 1961, Authorizing the Issuance of $27,000 CAPITAL NOTES OFthe Town of Cheektowaga, in the County of Erie, Pursuant to the Local FinanceLaw, to Finance the Acquisition of Highway Machinery". Said Capital Notesshall be designated "Highway Machinery Capital Notes, Series B of 1961".Said Capital Notes shall consist of two notes of the denominations of $13,500each, numbered 1 and 2, in the order of their maturity, and shall constitutean issue of Capital Notes payable in annual installments on April 1 in eachof the years 1962 and 1963.
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Item No. 14-Cont'd.
1-
I 2. -
-0-ABSENT:
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
-0-NOES:
supervisor HoltzCouncilman WroblewskiCouncilman BystrakCouncilman ?athCouncilman KorneckiCouncilman TrojanoskiCouncilman Kaczmarek
-7-AYES:
Hereto attached is a copy of the Notice pUbl ished in theDEPEW HERAlD AND CREEK'WiAGA NEWS:
Seconded by Councilman Kornecki and duly put to a vote. which
resulted as follows:
(5) The power to prescribe the terms, form and contents ofsaid Capital Notes. subject to the provisions of this resolution, are herebydelegated to the Town supervisor. Said Capital Notes shall be sold to the~ilufacturers and Traders Trust Company of Buffa!o, in Buffalo, New York, atprivate sale and shall bear an interest rate of Three Per Cent (31.) per
annum.(6) The faith and credit of the Town of Cheektowaga are
hereby pledged to the payment of said Capital Notes and the interest thereonas the same become due and payable.
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of the
ChHktowaga
Hellls
.., and the last inser·..., 19
0Ep0w
Hepald and
PUBLISHER.. -- ---.--_ _- _-- _-.- -- -.---
being duly sworn, deposes and says that he is the
RICHARD G. BENNETT. -- - _-- _-- _---- - .._-_.__ .. -.-.
(Aff idavit)
a newspaper with general circulation in the Towns of
slip taken from said newspaper, is a copy, was in-
Cheektowaga and Lancaster, and published at Depew,
New York, that notice of which the annexed printed
serted and published therein once a week for
week I the first insertion being on the .::.._-:. ....:.. __.. :... day
of _ :.:..
tion being on the _ day of _ _ _ ,
} ss,
I!
STATE OF NEW YORKCOUNTY OF ERIE
O:iNnlld
"9£·~ :II'OJ AlddnS AlI:iSlInN
171$ - PDOl UOl-!i
U 3J.ISOddOlN '011 lISN"91I.L V0t09
MOIHlliON
S6£S
3)nlldSAVMlION
lllIIlIlIllIIlIlIlIllllIIlIIlIIlIllIlIIDUUllIlIIllIIlIIUllIIlIIlIlI1
Item No. 14-Cont'd.
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l~ot more than.Six days intervened'. ) -~
~\~:1!:1:;;r4~L._
day
Cheek.towaga
Newsand
of the
......................................................._.....
PUBLISHER
.... doyof
......, 19.. _ ..., ond the last inser.
RICHARD G. BENNETT
"'oewRepaId
being duly sworn, deposes and says that he is the
(Affidavit)
a newspaper with general circulation in the Towns of
Cheektowaga and loncaster, ond published at Depew,
New York, that notice of which the annexed printed
slip taken from said newspaper, is a copy, was in-
serted and published therein once a week for
week , the first insertion being on the.
of - -r-:-
tion being on the ..
.. day of
} ss,
LEGAL NOTICECAPITAL NOTE RESOLUTION
DATED JUNE 19, 1961, AUTHORjZING THE ISSUANCE OF $27,000CAPITAL NOTES OF THE TOWNOF CHEEKTOWAGA, IN THECOUNTY OF ERIE, PURSUANTTO THE LOCAL FINANCE LAW,TO FINANCE THE ACQUISITIONOF IDGHWAY MACHINERY.
STATE OF NEW YORKCOUNTY OF ERIE
Item No. 14-Cont'd.
BE IT RESOLVED 'by the TownBoard of the Town of Cheektowaga, in the County of Erie, as follows:
Section 1. The Town of Cheektowaga, in the County of Erie, shanissue its Capital Notes of the aggregate principal amount of $27,000,pursuant to the local Finance Lawof New York, in order to financethe specific object or purpose hereinafter described.
Section 2. The specific purpose(hereinafter referred to as "purpose") to be financed by the issuance of such Capital Notes is theacquisition of machinery or appara.tus for highway construction ormaintenance, and consists of one(1) AIlis-Chaimers Model !!D-llGTracto-Shovel, at a maximum costof $28,050.
Seetion 3. It is hereby statedthat (a) the maximum cost of saidpurpose as estimated by the TownBoard is $28,050, and ~) no moneyhas heretofore heenauthorized tobe applied to the payment of thecost of such purpose except thesum of $1,050 from current budgetappropriations, and (c) the TownBoard plans to floanee the cost ofsaid PIU"jlO<le entirely from fundsraised ,by the issuance of said Cap-ital Notes except the sum of $1,050 _.from current budget appropriations.
Section 4. It is hereby determined that said purpose is an ob-ject or PIU"jlO<le described in Subdi- •vision 28 of Paragraph a of See- . -: _ - .tion 11.00 of the Local Floaneed for Ene Co tyLaw, and that the period of proJ>. Iable usefulness of said purpose is .five years. .,
Section 5. It is hereby deter- ~mined that the proposed maturity :of the obligations authorized bythis resolution will not be in excessof five years.
Section 6. This resolution shallbe published in fun by the TownClerk of said Town, together witha notice 10 substantially the formprescribed by Section 81.00 of saidLocal Finance Law, and such publication shan 'be in the DEPEWHERALD AND CHEEKTOWAGANEWS, a newspaper published andhaving a general circulation insaid Town. The vaiidity of saidCapital Notes may be contestedonly if such obligations are authorized for an object or purpose forwhich said Town is not authorized to expendi money. or the provisions of law which should becomplied with at the date of publi.cation of this resolution were notsubstantially complied with, andan action, suit or proceeding COD
testing such validity is commencedwithin twenty days after the dateof such pUblication; or if said obligations are authorized in violation of the provisions of the Con.',titution of New York.
Section 7. This resolution shalltake effect immediately upon itsJ.doption.
The Capital Note resolution published herewith has been ad'Optedon the 19th day of June, 1961, andthp v:didity of the ohligations authnrized by such bond re-solution may:)(~ hereafter contested only if suchohligations were authorized for an(Ihject or purpose for which therown of Cheektowaga, in the Coun'\" of Erie, is not authorized to ex
money, or if the provisions ofwhieh should have been com
"ii('r! with as of the date of pubU,I: ion of this notice were not sub';;nticdly complied with, and an('(ion, suit or proceeding contcstn~ such validity is commenced'.ithin twenty days after the date"f publication of this notice; or~lCh obligations were authorized
'I: violation of the provisions of:he Constitution of New York.
KENNETH T. HANLEYTown Clerk of the Townof Cheektowaga, New York
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Item No. 15 Councilman Kornecki presented the following resolution andmoved itB adoption:
WHEREAS, thiB Town Board, at a meeting held on the 1st dayof May, 1961, adopted a reBolution that the Town Board meet at the TownHall, corner of Broadway and Union Road, Cheektowaga, New York, on the 15thday of May, 1961 at 7:30 o'clock P.M., Eastern Daylight Saving Time, forthe purpose of conBidering the advisability of adopting Local Ordinance No.31, and
WHEREAS, notice of Baid pUblic hearing was duly pUblished andposted as required by law, not less than ten (10) days nor more than twenty(20) days prior to the date of the hearing, aB iB Bhown by the duly verifiedaffidavits of publication and posting now on file in the Town Clerk's Office,and
WHEREAS, l)UrBuant to said resolution, the Town Board of theTown of Cheektowaga, did meet on the 15th day of May, 1961 at the Town Hallin said Town of Cheektowaga, for the purpose of considering the advisabilityof adopting an Ordinance to be known as Local Ordinance No. 31, and
WHEREAS, an opportunity was afforded all personB interestedin the subject matter to be heard and at the conclusion of said pUblichearing, the Town Board decided that it was in the publ ic intereBt to adoptan Ordinance to be known as Local Ordinance No. 31, and provide as follows:
TRAFFIC ORDINANCETRAFFIC ON AIRPORTS
AND AIRFIELDS
Pursuant to the authority of Section 130 Subdivision 22 ofthe Town Law of the State of New York (Laws of 1932 Chapter 634) the cruisingor wandering about of a motor vehicle upon any pUblicly or privately ownedairport, airport premises, or airfield or the roads, driveways, trafficcircles and pavements thereof, without the consent and permission of the ownerof said airport or airfields is hereby prohibited.
To effectuate the prohibition of Buch premises aB abovedescribed, a conspicuous sign or signs shall be posted at each entrance to theairport premises and also at any other place in which motor vehicle traffic iBlikely or apt to congregate. A aign aa hereinafter described shall be deemedSUbstantial compliance with this section.
CRUISING ON ROADWAYSSTRICTLY PROHIBITEDPOLICE ENFORCEMENT
UNDER PENAL'IY OF LAWORDINANCES OF
TWN OF CHEEKTOWAGA
but any other wordB or phraseology prohibiting the crUising or wandering aboutof motor vehicles shall suffice.
The words "pol ice enforcement" and "under penalty of Law" onsuch signs shall be conBtrued among other things to mean that the police,special patrolmen, or any law enforcement officera shall enforce the provisionsof this Section against persons cruising or wandering about on the premiseBwithout the consent of the owner and that the police and other law enforcementofficerB are authorized to enter upon such premises to enforce the provisionBof this Ordinance.
This Ordinance may be enforced by the police or by Bpecialpatrolmen or other Isw enforcement officers and they may use such procedure asis authorized by law, including tags, summonses and towing to effe~tuate theenforcement of this Ordinance.
This Ordinance shall apply to all motor vehicles, whethercommercial, or privately owned •
-0-
Voting AYEVoting NOVoting NOVoting NOVoting AYEVoting lClEVoting AYE
ABSENT:-3-NOES:
Supervisor HoItzCouncilman FathCouncilman BystrakCouncilman KaczmarekCouncilman KornackiCouncilman TrojanoskiCouncilman Wroblewski
posted as follows on the 22nd day of June, 1961:
1 _ Town Hall Bulletin Board
_4-AYES:
Hereto attached is a copy of the Notice pUblished in theDEPEW HERALD AND CHEEKTOOAGA NEWS and the CHEEKTOWAGA TIMES:
Seconded by Councilman Trojanoski and duly put to a vote,
which resulted as follows:
This Ordinance shall take effect ten (10) days after suchpUblicstion and posting, but such ordinance shall take effect from the date ofits service as against a person served with a copy thereof certified by theTown Clerk under the corporate seal of the Town and showing the date of itspassage and entry into the minutes.
That the Town Clerk post or cause to be posted conspicuously,on a signboard maintained by him at the entrance of the Town Clerk's Office acertified copy of thia resolution and affidavit of the publication and postingthereof shall be filed with the Town Clerk.
BE IT RESOLVED, that a copy of this resolution, certified bythe Town Clerk, shall be entered into the minutes and published at least oncein the DEPEW HERALD AND CHEEKTOOAGA NEWS and the CHEEKTOOAGA TIMES, newspapershaving a general circulation in said Town, and
Any person who shall violate any provision of this Ordinance,shall, upon conviction, be guilty of an offense and be subject to a fine orpenalty of not more than Fifty ($50.00) dollars.
Item No. lS-Cont'd.
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Item No. I5-Cont'd. (Affidavit)
......_....,--" )
STATE OF NEW YORK }COCNTY OF ERIE ...TOWN OF CHEEKTOWAGA
WILLARD C. ALLIS. of the Town of Cheekto-
waga, in said County of Erie, being duly sworn,
deposes and says that he is the publisher of the
Cheektowaga Times, a public newspaper pub-"
IiBbed weekly in said Town; that the notice. of
which the annexed printed slip, taken from said
newspaper is a copy. was inserted and published
in said paper once a week for.....:~weeks:
first l'UbIieatiOn J.V.N 2..2...19.6L :., JUN 22 1961last publIcation ;
and that no more than six days intervened be-
tween l'ubUeatioll!.
It1 i' I G D.U4...'/..-d..~ .Sworn to before me tbia...•....•.•..••..••.............
JUl 11 1961 .day of 19....•..•
>:; .-, // '
···~:::c;:~~~r~~:~··
EVE J. ALLISNOTARY PUBLIC, STATE OF NEW YORK
Qualified in Erie CountyMy Commission Expires Mar...h 30, 19 (.1
Re,lZistered Nc. 5029
~--............0,;; £f7UI \lay or June 19tH '.anif fl.". H.~ ---, . "~ • T
!!l!!l
INOT E!!l~
. .
• ,.., ~ay"eifel.. ad ,_o"to thereof.without the eonse"t lUId perml.eiOll of the owner of said aiJ'o.c.'Ite~~ .irfields is IIereby pro-
To effeetuate the prohibitionef such premises as above des.fibed, a tonspieuou8 sign orsign. shall be posted at .ach eni.ranee: to the airport premisesand also .t any other pi... Inwbich motor ..ehicle traffie i6lIIlely or apt te eongregat.. A ~mgn as hereinafter described!Chall be lkemed substantial tom»liance with this section.
CRUISING ()IN R()ADWAYSSTRlCi'LY PROH1B1TEIlPOUeE ENFORCEMENT
UlNDER PE.lIIAl.TY OF LAWORDINANCES OF
TOWN OF CHEEKTOWAGAbut any other words or phr38f'olo.gy prohibiting the cruising 01wandering about of motor vebifiles shall suffice.
The words "police e-nforCE'-mfnt"bnd ··un.(ler penalty of Law" on8ucb signs shall be construed
th:'~lkt:e:~~fp~~l~:n~,h::any law enforcement officers.hall enforee the pro,'isioDs oft.his Sectkm against perSOD€f1'uising or wandering about onthe premises without the eoDSf>nt01 the owner and that the police.nd other law enforcement offiecl'S are authorized to entf'1" upon~ch premises h) ('Dforee the pro'flsions of tbis Ordinaoct'.
This Ordinance may be eonf()n.'ed by the police or by specialpatrolmen or other law enforcement officf'rs and they may USP~u('.h procedure as i8 auth"'-law, iRlud
~'lQto"'·.1TIlls ......
an motor ft'hie~B, .ltf" P.r ('~meNial, or privatel" o\linrd
AllY Vf'r~oYl whu sh.-Jll \-iol ....<In)' provision oI this OnlillilOce,shall, upon cOD\;iction, bE' guiltyttl ~n oIIfnse and be subject tofi fme or penalty of not morethan Fifty ($50.00) dullar•.
BE .rr RESOLVED, tbat a copyof thIS rerolution, certified byl-he Town Clerk, shall be enteredjn the minutes and published atl.ast onee in Ibe DEPEW HEll.
:i~J#bifA!~(:Mftt_..a. ~ coUllty. NewYork. held at the Town Hall in
::wsa~~r~":'~ ~e (?~~kt~:yag:JJune, 1961 at 7:30 o'clock p.m.,Eastem Daylight Saving Time,there Wf:'re:PRESENT:
IlENEDlCT T, HOLTZ,Supenisor.
ALANCIN M, YATH,CIJuncilman.
STANLEY IlYSTRAK.Councilman.
llICHAEL KACZ1lIAREK.Cou~ilmaD.
JOSEPH KORNECKI.Councilman.
JOSEPH TROJANQSKI,Councilman.
FELIX WROBLEWSKI.Councilman.
AIlSoENT:~Councilman. Korneeki pN-eeJl4,.
t<I the following resolution andmoved its adoption:
WHEJIl,EAS, this Town Board,at a meeting beld on the lst d"J"I May. 1961. adopted a resol...lion that the Town Board meetat the ToWli Hall, torDer ofBroadway and Union Rd,. Cheek:towaga, New York, on the 15tliday of May. 1961 at 7:30 o'.lookp.m., Ea.tern Daylight saving
'Time, fer the purp~.*·. '!f COD·,id..-ing the adVI.eabllity of
· adopting Loeal Ordinimee No. 1I1,and :
1 WHEREAS, ItOtice :of said PUD-i lie he,ring ..... duly. publi.hed .~aDd posted as requirecl by law,
I'....t Ie., tIian leD (If)) day. nor
more thaD tWetlty (20) days prior• M the d.te of the Ileari"g. asis shown by the dul1 verifiedaffidavits of publication andposting now t)D file ill the TownClerk'. OUiee, and .:
WHEREAS. purS\lant to saidresolution, the Town-Board oflhe Town of' Cheektowaga. didmeet on the 15th day of May.1961 at the Town Hall in said
· Town 01 Ch""klowai., for the. ,) purpose of .eonsidering the· ad~
'J viseability of adopting an Ordinance to be known 8S Local Ordinance No. 31, and'
WHEREAS, an oPPQ.Uunity was~ afforded all persOO. iliferestOd ill'" Ihe .ubject matter l!i'be heard'~ _ .t the eonelu.i"" of said;"i~ publie hearing, the 't9wD Board
decided tInlt it ..... ill, the publiciDterest to adopt an~;:~dinanee
::o."'Al~a':rP~v~~.ql~~~:'s~eTRAFFIC ~CE
'l"RAWIC ON A~'lllAND AlflF1ELI)6
Porsu",", to the ""thority of',011 130 Subdivision 22 of the, 's~?,", Su/.eot '
NOT E
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rr IHISOLVED, that atOPYof jh}s resolution, certified bythe Town Clerk. shall be enteredin the mmutes and published atleast once in tbe DEPEW' HER· 1:ALI> AND CHEEK T Q WAG JlNEWS and the CHEEKTOWAGA 1£TiMES. newspapers having a gen· ~nal circulation in said Town, and ~-
Tllat the Town Clerk poot "I.'fause to be posted conspicuously,t)n a signboard maintained bJ'him at the entrance of the '1'>wn4:1erk'. Office a certified cop,-of thill resolution and affidavIt
Iof the publication and posting ithoreof shall he med with theTown Clerk.I This ordinance shan take ef...
. fett ten (10) days after such pllh-• Iication and postin., hut such• ordinaJ1ee shall take effect from~ the date of its service as agai-nst
a person served with • copy
•" ther..,l eertified hy the Town
,
.., Clerk under the corporate se.1of the T""n and showing \hedate ol ita passage and entryinto the minutes.
Seconded by -Councilman Tro. JanOski _d duly put tlo a vote
whicll resulted as follows:Supervisor Holtz
Voting AYECouneilman "atll
Votint! NOCouncilm-au BY6trat
Votint! NOc..-ilman Kaczmarek
VDtint! NO.Jt~." .
._- -- ""_.1 Vi tillite lWl .•anrltB"f- n.. n -- - • ',:
~~
I NOT E~~
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serted and published therein once a week for ...../
/ day
of the
Cheektowaga
Hellls
day of ..
cmd
, 19. .... , and the last in.er·
PUBLISHER
RICHARD G. BENNETT
"'pew
Herald
(Affidavit)
tion being on the.
1 ._ .... __ ... , and that n more than six~ intervened
~::'"jZZ~:~
of
week , the first insertion being on the
slip taken from SaId newspaper, is a copy, was in-
New York, that notice of which the annexed printed
Cheektowaga and Lancaster, and published at Depew,
a newspaper with general circulation in the Towns of
being duly sworn, deposes and says that he is the
} ss,STATE OF NEW YORK
COUNTY OF ERIE
NOTICE OF ADOPTIONAt a regular meeting of the
Town Board of the Town of Cheek·towaga, Erie County, New York,itcld at the Town Hall in the said!Town of Cheektowaga, New York,on the 19th day of June, 1961 at7:30 o'clock P.~I., Eastern DaylightSaving Time, there were:
PRESENT:Benedict T. Holtz, SupervisorAlancin Fath, CouncilmanStanley Bystrak, CouncilmanMichael Kaczmarek. CouncilmanJoseph Kornecki, CouncilmanJoseph Trojanoski, CouncilmanFelix \Vroblewski, CouncilmanABSENT: --0-Councilman Kornecki presented
~he following resolution and movedits adoption: '
WHEREAS, this Town Board, ata meeting held on the 1st day ofMay, 1961, adopted a resolutionthat the Town Board meet at theTown Hall, corner of Broadway:md Union Road, Cheektowaga,New York, on the 15th day of May,1961 at 7:30 o'clock P.M., EasternDaylight Saving Time, for the pnrpose of considering the advisabi1~
ity of adopting Local OrdinanceNo. 31, and
WHEREAS, notice of said publichearing was duly published andposted as required ,by law, not lessthan ten (10) days nor more thantwenty (20) days prior to the dateof the hearing, as is shown by theduly verified affidavits of publication and posting now on file in theTown Clerk's Office, and
WHEREAS, pursuant to saidresolution, the Town Board of theTown of Cheektowa!!a. did meet onthe 15th day of May, 1961 at the _ day afTown Hall in said Town of Cheek-towaga, for the purpose of consid- ~Iering the advisability of adopting _...._..... , 19....._.....
~~=~i"lF03~~ ~::wn as Local~~"Horde: all p:r~~~P;:.'i.:'~:iedw~ for Erie Countythe subject matter to he heard andat the conclusion of said publichearing, the Town Board decided'that it was in the public interestto adopt an Ordinance to 'be knownas Local Ordinance No. 31, and pro~
'<ide as follows: 1
- TRAFFIC ORDINANCETRAFFIC ON AIRPORTS
A.."D AIRFIELDSPursuant to the authority of Sec
tion 130 Subdivision 22 of theTown Law of the State of NewYork (Laws of 1932 Chapter 634)the cruising or wandering about ofa motor vehicle upon any publiclyor privately owned airport, airport premises, or airfield or theroads, driveways, traffic circles:md pavements thereof, without theconsent and permission of theowner of said airport or airfieldsis hereby prohibited.
To effectuate the prohibition of~uch premises as above described3 conspicuous sign or signs shallbe posted at each entrance to theairport premises and also at anyother place in which motor vehicle traffic is likely or apt to con~
gregate. A sign as hereinafter described shall he deemed substantialcompliance with this section.
CRUISING ON ROADWAYSSTBICTLY PROIDBlTEDPOLICE ENFORCEMENT
UNDER PENALTY OF LAWORDINANCES OF
TOWN OF CHEEKTOWAGAbut any other words or phraseology proMbiting the cruising orwandering about of motor vehiclesshall suffice.
The words "police enforcement"und "under penalty of Law" onsuch signs shall 'be construedamong other things to mean thatthe police, special patrolmen, orany law enforcement officers shallenforce the provisions of this Section against persons cruising orwandering about on the premiseswithout the consent of the ownerand that the police and other lawenforcement officers are authorIzed to enter upon such premisesto enforee the provisions of this
Item No. 15-Cont'd.
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of the
..... - __ - _..__.....•
Cheektowaga
Hews
day of.
and
., 19 , ond the last inser·
PUBLISHER
RICHARD G. BENNm
(Affidavit )
Depew
Rerald
of said Town this 19thday of June 1961.
KENNETH T. HANLEYClerk of the Town Board,Town of Cheektowaga, N.Y.
tion being on the .--
of .
i
week , the first insertion being on the _~...,~_ .. ...::..:,....~_. day
serted and published therein once a week for._
1 ..._.... _., and that n more than six~ intervened
::P=7'~4
slip taken from said newspaper, is a copy, was in-
New York, thot notice of which the annexed printed
Cheektowoga and Loncoster, and published ot Depew,
a newspaper with general circulation in the Towns of
being duly sworn, deposes and says that he is the
CRUISING ON ROADWAYSSTRICTLY PROIDBITEDPOLICE ENFORCEMENT
UNDER PENALTY OF LAWORDINANCES OF
TOWN OF CHEEJ<,."TOWAGAbut any other words or phraseol-;'ogy prohrbiting the cruising or'wandering a'bout of motor vehicles:shall suffice. .
The words "police enforcement" :.md "under penalty of Law" on :such signs shall be construedamong other things to mean that 'I •the police, special patrolmen. or l SS".Yryany law enforcement officers shall ; ,;:;;enforce the provisions of this Sec-tion against persons cruising or i"wandering about on the premiseswithout the consent of the ownerand that the police and other law
: enforcement officers are author-1ized to enter upon such premisesto enforee the provisions of thisOrdinance. ,
This Ordinance may be enforced •by the police or ·by special patrol- .men or other law enforcement of-ficers .and they may use such procedure as is authorized by law, including tags, summonses and tow- ;{mg to effectuate the enforcementof this Ordinance.
This ordinance shall apply to allmotor vehicles, whether commer~
dal, or privately ownedl.Any person who shall violate
any provision of this ordinance,sball, upon c9nviction. 'be gnilty ofan offense and be subject to a fineor penalty of not more tban Fifty($50.00) dollars.
BE IT RESOLVED, tbat a copyof this resolution, certified by tbeTown Clerk, shall be entered inthe minutes and publisbed at leastonce in the DEPEW HERALD ANDCHEEKTOWAGA NEWS and theCHEEKTOWAGA TIMES, newspapers having a general circulationin said Town, and
Tbat tbe Town Clerk post orcause to be posted conspicuously, *:on a signboard maintained -by him ;;:at the entrance of the Town Clerk'sOffice a certified copy of this resolution and affidavit of the publi(ation and posting thereof shall befiled with tbe Town Clerk. ,
This ordinance shall take effect "ten (10) days after sucb publication .•and posting, but such ordinance _ _.. day of,hall take effect from the date of ~ Iits service as against a person 1~served with a COpy thereof certi-~l 19 _ .fled by the Town Clerk under the I. /
.~ ~~~~~et~:a~a~~ ~~e i~o,;~SS~~ _ ¥ _--" _.:i ~nd entry into the minutes. d for Erie County
Seconded by Councilman Trojanoski and duly put to a votewhich resulted as follows:Supervisor Holtz, Voting AyeCouncilman Fath, Voting NoCouncilman Bystrak, Voting NoCouncilman Kaczmarek, Voting NoCouncilman Kornecki, Voting AyeCouncilman Trojanoski, Voting AyeCouncilman \Vroblcwski,
Voting AyeAYES: 4; NOES: 3; ABSENT: O.
Dated: June 19. 1961State of New YorkErie CountyOffice of the Clerk of the 55:
Town of CheektowagaThis is to certify that I, KEN·
'-'ETH T. HANLEY. Clerk of the,Town of Cheektowaga, in the said ,County of Erie, have compared theforegoing copy of resolution withthe original resolution now on filedt this office, and which was passedby the Town Board of the Town ofCheektowaga in said County ofEric, on tbe 19th day of June, 1961.and that the same is a correct and·true transcript of such originalresolution and the who-Ie thereof.
In \Vitness Whereof, [have hereunto set my
(seal) hand and affixed the seal.,,+
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POnED FLOWERING
SHRUBS
IGHTIT 4-2066
ICy'S
"-,NG SERVICE
\Authentic
" Statement'·l~
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l·... will win without wa:. Of course,:: President Kennedy In a manful
manl1€r said "We will not allow": this." There it ended in a peaceful.:, tie ... I After he talked with Macmillan
in Loudon, they concluded that t~conly way to stop this Comm~~H:it
t "glacier" would be by provldmgthe 'baekward nations with some·thing better than Khrushchev
b could offer. Furthermore, -to h.eeffective, we must not ani?, d? Itas free nations, but do It fl~$twith the United State-s carrylnethe burden of the load.What the Backward Netions Meet
Pres,idch~ Kennedy refers to thlneed for education, new industriesmore healthful living conditionsdnd food; but this is looking ahea<ten or more years. The people iJthese poor countries which Com!flunism plans to take over, one byone, cannot wait for food. Therefore, the fight 'between Communism and freedom will depend largely upon which side will first supply these poor people with foo,and the ability to immediatelraise more crops.
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Item No. 16 Councilman Trojanoski presented the following resolution andmoved its adoption:
WHEREAS, the Town Board, having deemed it advisable thatFire District No. 8 of the Town of Cheektowaga be extended to include theterritory situated in such Town and hereinafter described, and a pUblichearing, following due notice, having been duly held on May I, 1961 at theTown Hall, corner of Broadway and Union Road in said Town, by the Town Boardof said Town, to hear all persons interested in the matter of the extensionof said Fire District, and this Town Board having by resolution duly adoptedon May I, 1961, following the said pUblic hearing and upon the evidence giventhereat, duly determined that it was in the pUblic interest to extend theexisting Fire District No. 8 of said Town to include the territory hereinafterdescribed, that all of the property, property owners, and interested personswithin the proposed extension of said Fire District are benefited thereby, andthst all of the property and property owners benefited are included within theproposed extension of said Fire District, and duly resolved to extend such FireDistrict to embrace the additional territory hereinafter described, subject,however, to the approval of the State Comptroller, and the Town Clerk of theTown baving duly filed a certified copy of such resolution, in duplicate, inthe office of the State Department of Audit and Control at Albany, New York,together with an application in due form and duly executed, in duplicate, forpermission to extend such District, and the State Comptroller baving made anorder, in duplicate, under date of June 9, 1961, granting permission for theextension of the District, one copy of such order having heretofore been filedin the office of the State Department of Audit and Control at Albany, New York,and the other copy thereof filed in the office of the Town Clerk of this Town,and the Town Clerk having duly presented such order to this Town Board; N~,
THEREFORE,
BE IT RESOLVED AND ORDERED, that the said exiating firedistrict known as Fire District No. 8 be and it hereby is extended to embracethe territory described in and containing the following boundaries, to wit:
DESCRIPTION OF TERRITORY PROPOSED TO BEANNEXED TO FIRE DISTRICT NO. 8
ALL THAT TRACT OR PARCEL OF LAND situate in the Town ofCheektowaga, County of Erie and State of New York, being more particularlydescribed as follows:
BEGINNING at the point of intersection of the easterly line ofthe New York Central Railroad rightooOf-way, which is also the east line ofthe existing district, with a north line of the Village of Depew, which isalso the south line of the existing district.
Running thence northerly and northeasterly along the ssideasterly line of the New York Central Railroad right-of-waytD the westerlyline of the Lehigh Valley Railroad right-of-way.
Thence northerly along the westerly line of the Lehigh ValleyRailroad right-of-way to the northerly line of the West Shore Railroadright-of-way •
Thence easterly along the northerly line of the West ShoreRailroad right-of-way to the easterly line of the Lehigh Valley Railroadr ight-of-way •
Thence southerly along the easterly line of the Lehigh ValleyRailroad right-of-way to a point formed by the intersection of a north lineof the Village of Depew extended westerly.
Thence easterly along said extended line to a northwestcorner of the Village of Depew.
Thence southerly slong a westerly line of the Village ofDepew to a north line of the Village of Depew.
Thence westerly along a northerly line of the Village ofDepew to the point or place of beginning.
Item No. l6-Cont'd.
-0-ABSENT:
Voting AYEVoting AYEVoting AYEVoting gIEVoting AYEVoting AYEVoting AYE
-0-NOES:
Supervisor HoltzCouncilman WroblewskiCouncilman BystrakCouncilman FathCouncilman TrojanoskiCouncilman KorneckiCouncilman Kaczmarek
-7-AYES:
Seconded by Councilman Kornecki and duly put to a vote, whichresulted as follows:
Section 1. The Town of Cheektowaga, in the County of Erie,shall issue its Serial Bonds of the aggregate principal amount of $74,000,pursuant to the Local Finance Law of New York, in order to finance the specificpurpose hereinafter described.
Item No. 17 Councilman Wroblewski presented the following resolution andmoved its adoption:
BE IT RESOLVED, by the Town Board of the Town of Cheektowaga,in the County of Erie, as follows:
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Section 3. It is hereby stated that (a) the maximum cost ofsaid purpose, 8S estimated by the Town Board, is $74,000, and (b) no moneyhas heretofore been authorized to be applied to the payment of the cost ofsaid purpose, and (c) the Town Board plans to finance the cost of said purposeentirely from funds raised by the issuance of said Serial Bonds, and (d) allof such cost is to be paid by assessments upon benefited real property in anarea less than the area of said Town •
AND IT IS FURTHER ORDERED, that the Town Clerk shall causea certified copy of this resolution and order to be duly recorded in theoffice of the Clerk of the County of Erie, New York, and shall likewise causea certified copy thereof to be duly filed in the office of the State Departmentof Audit and Control at Albany, New York.
BOND RESOLUTION, DATED JUNE 19, 1961, AUTHORIZING THE ISSUAICEOF $74,000 SERIAL BONDS OF THE TOON OF CHEEKTOWAGA, IN THE COUNTY OF ERIE,PURSUANT TO THE LOCAL FINANCE LAW.
Section 2. The specific purpose (hereinafter referred to as"purpose") is the construction of additional facilities for the sewage disposalsystem maintained by Sewer District No. 7 of said Town, to consist of theconstruction of a l2-inch diameter main sanitary trunk sewer on proposed NorthCreek Drive, from an existing manhole on said proposed North Creek Drive andlocated about 235 feet west of the center line of proposed Ellsworth Drive,and running thence easterly about 860 feet to a manhole;also, to construct insaid proposed North Creek Drive from said last mentioned manhole, a 10-inchmain sanitary trunk sewer to run essterly about 2230 feet to proposed PaulineLane, together with necessary manholes and syphon chambers, in accordance witha resolution authorizing said improvement adopted by the Town Board of saidTown on November 21, 1960, pursuant to the provisions of Section 202-b of theTown Law of New York.
WHEREAS, Sewer District No.7, hereinafter described, is asewer district of the Town of Cheektowaga, in the County of Erie, dulyestablished by the Town Board of said Town, and, as such, has constructed,maintained and operated a sanitary trunk sewer system for the collection anddisposal of sewage within said District in accordance with Article 12 of theTown Law of New York, and the purpose hereinafter described is a specialimprove_nt authorized by said Article 12; NW, THEREFORE,
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its adoption.
-0-ABSENT:
Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
-0-NOES:
Supervisor HoltzCouncilman WroblewskiCouncilman BystrakCouncilman FathCouncilman TrojanoskiCouncilman KorneckiCouncilman Kaczmarek
-7-AYES:
Councilman Wroblewski presented the following resolution andmoved its adoption:
-------BE IT RESOLVED by the Town Board of the Town of Cheektowaga,
Erie County, New York, as follows:
Section 1. The Town of Cheektowaga, in the County of Erie,New York, shall issue its Bond Anticipation Notes of the aggregate principalamount of $74,000, pursuant to the Local Finance Law of New York, in orderto finance the specific object or purpose hereinafter described, in anticipationof the issuance of $74,000 Serial Bonds authorized by the bond resolutionentitled "Bond Resolution, Dated June 19, 1961, Authorizing the Issuance of$74,000 Serial Bonds of the Town of Cheektowaga, in the County of Erie,Pursuant to the Local Finance Law."
Seconded by Councilman Trojanoski and duly put to a vote, whichresulted as follows:
Section 7. This resolution shall take effect immediately upon
Section 2. The specific purpose (hereinafter referred to as"purpose") is the construction of additional facilities for the sewagedisposal system maintained by Sewer District No. 7 of said Town, to consistof the construction of a l2-inch diameter main sanitary trunk sewer on proposedNorth Creek Drive, from an existing manhole on said proposed North Creek Driveand located about 235 feet west of the center line of proposed Ellsworth Drive,and running thence easterly about 860 feet to a manhole; also, to construct insaid proposed North Creek Drive from said last mentioned manhole, a IO-inchmain sanitary trunk sewer to run easterly about 2230 feet to proposed PaulineLane, together with necessary manholea and syphon chambers, in accordance witha resolution authorizing said improvement adopted by the Town Board of saidTown on November 21, 1960, pursuant to the provisions of Section 202-b of theTown Law of New York.
Section 5. It is hereby determined that the proposed maturityof the obligations authorized by this resolution will be in excess of five
Section 6. This resolution shsll be published in full by theTown Clerk of said Town, together with a notice in substantially the formprescribed by Section 81.00 of said Local Finance Law, and such publicationshall be in the DEPEW HERALD AND CHEEKTaJAGA NEWS, a newspaper publiahed inthe Town of Cheektowaga and circulating in said Sewer District No.7. Thevalidity of said Serial Bonds or of any bond anticipation notes issued inanticipation of the sale of said Serial Bonds may be contested only if suchobligations are authorized for an object or purpose for which ssid Town isnot authorized to expend money, or the provisions of law which should becomplied with at the date of the publication of this resolution are notsubstantially complied with, and an action, suit or proceeding contesting suchvalidity is commenced within twenty days after the date of such pUblication;or if said obligations are authorized in violation of the provisions of theConstitution of New York.
BOND ANTICIPATION Non;: RESOLUTION, DA1ED JUNE 19, 1961,AUTHORIZING THE ISSUANCE OF $74,000 BOND ANTICIPATION N01ES OF THE TOWN OFCHEEKTOWAGA, IN THE COUN'lY OF ERIE, PURSUANT TO THE LOCAL FINMCE LAW.
Section 4. It is hereby determined that said purpose is anobject or purpose described in Subdivision 4 of paragraph a of Section 11.00of the Local Finance Law, and that the period of probable usefulness of saidpurpose is thirty years.
Item No. l7-Cont'd.
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Item No. 17-Cont'd.
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Voting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYEVoting AYE
ABSENT:-0-NOES:
Supervisor HoltzCouncilman WroblewskiCouncilman BystrakCouncilman FathCouncilman TrojanoakiCouncilman KorneckiCouncilman Kaczmarek
-7-AYES:
Seconded by Councilman Trojanoski and duly put to a vote,which resulted as follows:
Hereto attached is a copy of the Notice published in theDEPEW HERALD AND CHEEKTa./AGA NEWS:
section 5. This resolution shall take effect immediatelyupon its adoption.
Section 4. The power to prescribe the terms, form andcontents of said Bond Anticipation Notes, subject to the provisions of thisresolution, and to sell and deliver said Bond Anticipation Notes, is herebydelegated to the Supervisor. The Supervisor is hereby directed to sign anyBond Anticipation Notes issued pursuant to this resolution and the TownClerk is hereby directed to affix to such notes the corporate seal of theTown of Cheektowaga, New York.
Section 3. As required by said Local Finance Law, it ishereby stated that (a) there are no outstanding Bond Anticipation Notesissued in anticipation df the sale of said Serial Bonds, and (b) the notesauthorized by this resolution are not renewal notes, and (c) the notesauthorized by this resolution shall mature within one year from the dateof their issue, and (d) such notes are not issued in anticipation of bondsfor an assessable improvement.
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~ Fe h oeI IS In~ '.~ Jl1! A TA5i"l: Brea t'!~ TREAT 5 I~ B h :,~ y T c Dudcet To Go $'<~ 8.Piece Family Portion 1~ i'~~ Ti::XAS T
~ 1-1 D~%~ $
~n ~ v~ n ~this new program. 1st LO g s',men are glad to help the farmer~, 1and all Congressmen know that (American mothers would rather betaxed more than 3end their sonsto fight in guerrilla warfare.Farm Prices and ProsperityA study of economic history shows
that general prosperity (including IIstock prices) is basically drter- tlmined by the condition of the 1farmers. The farmers' prosperity is gl1Su~U¥"",,~e_t.erJI!!n.ed by the price eJ
before school closes.He announced that the sch-oc
Vlill aid youngsters in preparintheir applications for standard ~nployment certificates or vacatlOor farm work permits, and woul",rrange appointments with th<;phtYll nb'\lfOoici,An fOT_ ilH" np.cessa!
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New York, that notice of which the annexed printed
Cheektowaga and Lancoster. and published at Depew,
,/ day
of the
Cheek towaga
Hews
day of .
and
I_, 19 ..~:-..!_ and the last inser-
PUBLISHER
RICHARD G. BENNETT
o.p'w
Herald
the first insertion being on the
day of
19 ..
tion being on the -- .
of
week
serted and published therein once a week for
slip taken from said newspaper, is a copy, was inf
a newspaper with general circulation in the Towns of
being duly sworn, deposes and says that he is the
WIIEHEAS. Sf \\l'r Di:'itrict No.7,!lel'~'illaf~l':' r!('"erihcd, i.-; a seWcrrli":rict of the Tn\YIl of Check low-.C:~l. ill lb.' Cornty of Eric, duly ('5
l~hli~lH'd by I'''' Towil Ho:\rd of;lid '1'il\\-n, ::t1l1. ::.' ~uch. has COll
;'''~:dl'.!. lllti\rt:l.ii:cd and operated;~ ~: nitury trunk seWN system for'~L' l'o!:l'cl.ion ;'nd (lispos:l1 of sewa(~(' within said District in accord·;111('(' with Article 12 of the TownLaw of New York, and the purposehereinafter dCscl'ihed is a specialimprovement uuthorizPd by saidArticle 12; NOW. THEREFORE,
BE IT RESOLVED. by the TownBoard of the TO\1,7n of Cheektowaga, in the County of Erie, as fo1·lows:
Section 1. The Town of Cheek·lowaga, in the Count)" of Erie, shallissue its Serial Bonds of the aggrebate principal amount of $74,000,pursuant to the Local Finance Lawof Nnv York. in order to financethe specific purpose hereinafterclc5cribed.
Section 2. The specific purpose 1,(herei!!.:lfter referred to as "pur- ;;pose"') is the construction of addi- 1tional facilities for the sewage disposal system maintained by SewerDistrict No_ 7 of said Town, to consist of the construction of a 12-inchdiameter main sanitary trunksewer on proposed North CreekDrive from an existing manhole onsaid proposed North Creek Driveand located about 235 feet west of ...the center line of proposed Ells- \961::~~~I~r~~~ta~O r~;~i~~ ;h~~~~ ~/·:----- )}~9 "_----~-i
~~~~a1~~r\~ eo;:::;:ct~~~:idf~~::; LfJI~ .....said last mentioned manhole, a 10- for Ene Couninch main sanitary trunk sewer to "run easterly about 2230 feet to ~proposed Pauline Lane, together!with n~essary manholes and sy-'phon .chambers, in accordance-with a -resolution" aufuocizing safdimprovement adopted 'by the TownBoard of said Town on Novem-ber 21, 1960, pursuant to the pr~
visions of Section 202-b of theTown Law of New York.
Section 3. It is hereby stated that(a) the maximum cost of said purpose, as estimated by the TownBoard, is $74,000, and 0l) no moneyhas heretofore been authorized tobe applied to the payment of theeast of said purpose, and (e) theTown Board plans to finance thecost of said' purpose entirely fromfunds raised by the issuance ofsaid Serial Bonds, and (d) all ofsuch cost is ,to be paid :by assess·ments upon 'benefited real property in an area less than the area ofsaid Town.
Section 4. It is hereby determined that said' purpose is an object or purpose deseri-bed in Sub-division 4 of Paragraph a of Sec·tion 11.00 of the Local Finall"eLaw, and that the period of probable usefulness of said purpose isthirty years.
Section 5. It is herehy determined that the proposed maturityof the obligations authorized bythis resolution will be in excess offive years.
Section 6. This resolution shallhe published in full by the TownClerk of said Town, together witha notice in substantiallY the formprescribed by Section 81.00 of saidLocal 'Finance Law, and sueh publication shall 'he in the DEPEWHERALD AND CHEEKTOWAGANEWS, a newspaper published inthe Town of Cheektowaga and circulating in said Sewer District No.7. The validity of said Serial Bondsor of any "bond anticipation notesissued in anticipation of the saleof said Serial Bonds may he contested only if such obligations areauthorized for an object or ,purpose for which said Town is notauthorized to ex.pend money, orthe provisions of law which shouldbe complied with at the date of thepublication of this resolution arenot substantially compied with,and an action, suit or proceedingc0ntesting sueh validity is commenced within twenty days afterthe date of such publication; orif said obligations are authorized inviolation of the provisions of theConstitution of New York.
Section 7. This resolution shalltake effect immediately upon itsJdoption.
The bond resolution publishedherewith has been adopted on thet9th day of June. 1961, and the\-alidity of the obligations authorized by such bond resolution mayhe hereafter contested only if suchobligations were authorized for an(Jhject or purpose for which theTown uf Cheektowaga, in the CounI y of Erie, is not authorized to expend money, or if the provisions(,f law which should have beencomplied with as of the date ofpublication of this notice were not~llhstantially complied with, and,,]1 action, suit or proceeding con'l'sting such validity is commenced\vi thin twenty days after the date<If publication of this notice; or~uch obligations were authorized inviolation of the provisions of theConstitution of New York.
KENNETH T. HANLEYTown Clerk of the Townof Cheektowaga, New York
L[': AL NOTICE130:\\> l\.E:;OLlTTl():\". DATED
.'L'Nt: 19, 1961, AliTHOHJZING'!'llE ISSUANCE OF "4.non SI';RI \ L BONDS OF THE TO\I'N OF
·:iEEKTO',',' ViA. IN THE COUN-','Y OF EHIl-'. PUnSUA~T TO THELOCAL FIN"A:'\l'E LA\\'.
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I 1 - Stop Sign at the southeast corner of Kokomo and Meadow.2 - Stop Sign at the northwest corner of Kokomo and Evergreen.3 - Stop Sign at the southeast corner of Kokomo and Evergreen.
• 4 - Stop Sign at the northwest corner of Kokomo and Cherokee.5 - Stop Sign at the northwest corner of Wellington and Joseph.6 - Stop Sign at the southwest corner of Bernice and Josepb.7 - Stop Sign at tbe nortbwest corner of Parker and Colby.B - Stop Sign at the nortbwest corner of Wellworth and Meadow.
Seconded by Councilman Kornecki and duly put to a vote, whichresulted as follows:
Supervisor Holtz Voting AYECouncilman Bystrak Voting AYECouncilman Fatb Voting AYECouncilman Kaczmarek Voting AYECouncilman Kornecki Voting AYECouncilman Trojanoski Voting AYECouncilman Wroblewski Voting AYE l
AYES: -7- NOES: ..(\- ABSENT: -0-i
/ '.0
Item No. 21 Moved by Councilman Kaczmarek, seconded by Councilman Kornecki,
WHEREAS, four bids were received and opened, and
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ABSENT:
ABSENT:
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AYES:
Item No. 19 Moved by Councilman Fath, seconded by Councilman Wroblewski,that the following recOllllllendations of the Chief of Police be granted:
Item No. lB Moved by Councilman Fath, seconded by Councilman Kornecki,that present resolution on vacations for employees be 8IIlended to permitten (10) working days vacation after three years service.
WHEREAS, the Town of Cheektowaga owns approximately 10 acresof land cCllllDOllly known as the Dingens Street Park.
WHEREAS, the Town of Cheektowaga needs recreational and picnicfacilities for residents in tbe southerly portion of Town, and
BE IT RESOLVED, that the Town Engineering Department beautborized and directed to make a survey and study of tbe Dingens Street Parkand prepare plans and specifications to improve tbese premises, particularlyapproximately 5 acres adjoining the comfort station, so that the s_ may befilled in, topsoil applied, grading, seeded, sbrubbery planted, and a numberof quick growing large trees for shade areas, so tbat picnicking and otberrecreational activities may be provided at the earliest possible date, whicbreport of the Town Engineering Department is to be submitted to the TownBoard within 30 days so that bids and contracts for Fall planting and seedingmay be undertaken, wbich expenses may be provided for by means of a bondissue, if necessary.
AYES:
WHEREAS, the Town Engineer recommends tbat the bid of C~ronEquipment Company in the amount of $1,954.B3 be accepted due to the fact thattheir bid satisfies specifications in all details; BE IT
Item No. 20 Councilman Wroblewski presented tbe following resolution and&OVed its adoption:
WHEREAS, sealed proposals were received on June 5, 1961 for tbepurchase of one new Industrial Tractor for use in plowing, mowing, etc., atsewage Treatment Plant No.5.
RESOLVED, that tbe said bid be awarded to Cameron EquipmentCompany in the amount of $1,954.B3.
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Seconded by Councilman Wroblewski and duly put to a vote, whichresulted as follows:
t • ~
-0-
-0-
-0-
ABSENT:
ABSENT:
ABSENT:
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NOES:
NOES:
"$50.00 Fine for Litter-bugging"
Moved by Councilman Wroblewski, seconded by Councilmanthat the following recommendations of the Chief of Police be
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3 - NO PARKING FROM HEfiE TO CORNER on the south side of Parker Streetfrom Harlem Road to a point 200 feet east of Harlem Road.
2 _ NO PARKING AT ANYTIME on the west side of Pine Ridge Road fromWalden Avenue to a poin t directly across from Wildy Street.
AYES:
BE IT RESOLVED, that all bond anticipation notes presentlyoutstanding and which will mature on July I, 1961, shall be renewed for afurther period of five (5) months, and such notes shall be sold to theManufacturers and Traders Trust Company by the Supervisor, who is herebydirected to sign such renewal bond anticipation notes, and the Town Clerk ishereby directed to affix to such notes the corporate seal of the Town ofCheektowaga and to attest thereto.
Item No. 25 Councilman Trojanoski offered the following resolution andmoved its adoption:
WHEREAS, said Board of Supervisors has been duly advised bythe Board of Managers of said District that such original improvement cannotbe constructed in said Sewer District within said maximum amount, and
WHEREAS, the Board of Supervisors of the County of Erie,New York, has heretofore duly established Erie County Sewer District No. 1in portions of the Towns of Cheektowaga and West Seneca, in said County, andhas appropriated the amount of $2,400,000 for the original improvement insaid Erie County Sewer District No.1, said amount being the maximum amountto be expended for such improvement in said Sewer District, and
WHEREAS, said Board of Supervisors has advised the Town Boardof the Town of Cheektowaga that it will be necessary to increase the maximumamount to be expended for such original improvement, now, therefore, be it
RESOLUTION OF THE TOWN OF CHEEKTOWAGA, NEW YORK, ADOPTEDJUNE 19, 1961, DETERMINING THAT IT IS NECESSARY TO INCREASE THEMAXIMUM AMOUNT TO BE uPENDED FOR THE ORIGINAL IMPROVEMENT IN ERIECOUNTY SEW'~ DISTRICT NO. I, REQUESTING THE BOAhD OF SUPERVISORS OFSAID COUNTY TO INCREASE SUCH MAXIMUM AMOUNT AND AUTHORIZING THESUPERVISOR OF S AID TOWN TO PETITION SAID BOARD OF SUPERVISORS THEREFORON BEHALF OF SAID TOWN.
Item No. 24 Councilman Kornecki presented the following resolution and movedits adoption:
AYES:
Item No. 23 Moved by Councilman Fath, seconded by Councilman Kaczmarek,that the Supervisor be authorized and directed to have the State and Countyerect signs on State and County Highways to read as follows:
AYES :
Item No. 22Trojanoski,granted:
1 _ NO PARKING AT A;TITLME on the west side of Gualbert Avenue fromWalden Avenue to Straley Street.
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Item No. 25-Cont'd.
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-0-ABSENT:-0-NOES:
The resolution was declared unanimously adopted•
-7-AYES:
The adoption of the foregoing resolution was seconded byCouncilman Wroblewski and duly put to a vote on roll call, which resulted as
follows:
Section 2. The Supervisor of said Town of Cheektowaga, ishereby authorized to petition s aid Board of Supervisors on behalf of said TownBoard to so increase the maximum amount to be expended for such originalimprovement in said Erie County Sewer District No.1, which petition shall beexecuted and acknowledged in accordance with the provisions of Section 279 of
said County Law.
Section 3. This resolution shall take effect inunediately.
Section 1. The Town Board of the Town of Cheektowaga, in theCounty of Erie, New York, hereby determines that it is necessary to increasethe maximum amount heretofore duly authorized to be expended for the originalimprovement in Erie County Sewer District No.1 from $2,400,000 to $3,650,000,as hereinabove referred to in the Recitals hereof and said Town Board hereb yrequests the Board of Supervisors of said County to initiate proceedings to soincrease such maximum amount to be expended pursuant to the provisions ofSection 294-a of the County Law, constituting Chapter 11 of the ConsolidatedLaws of the State of New York •
RESOLVED BY THE TOWN BeARD OF THE TOWN OF CHEEKTOWAGA, INTHE COUNTY OF ERIE, NEW YORK, AS FOLLOWS:
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read aloud.
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The Town Clerk presented proof that the Notice to Contractors
has been duly published as required bu law.
Hereto atte'lched is a summary of the bids opened and
The bids were referred to the Consulting Engineers and the Tcwn
Engineer for analysis and tabulation.
Moved by Councilman Fath, seconded by CouncibruL~ Kornecki,that the Town Clerk be authorized and directed to open and read aloud thesealed proposals on hand.
Item No. 27 This being the time and the place advertised for the receivingof sealed proposals for furnishing all materials, tools, equipment, andtogether with all labor for the constr~ction of concrete curbs in Awood Place,a distance of about 700 feet, and Vern Lane north from William Street, adistance of about 1700 feet.
AYES:
Seconded by Councilman Fath and duly put to a vote, which
resulted as follows:
BE IT RESOLVSD, that there be transferred from surplns funds,$4,951.00 to the budget item Miscellaneous Repairs and Minor Improvements Sidewalk Repairs, and $2,355.00 to the budget item Miscellaneous Repairs andMinor Improvements - Other Repairs and ~linor Improvements.
Item No. 26 Councilman Trojanoski offered the following resolution and
moved its adoption:
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Item 1:0. 27-r.ont'd.
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Item No. 27-r.ont'd.
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Store BuildingSteel Sif'nSteel Sign
ABSE1:T:
Voting AYEVoting AYEVotine; AYEVoting AYEVoting NOVoting AYEVoting NO
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Voting NOVoting ~ro
Votj:1[; AYE:Votinc AYEVoting NOVoting Ayr;;Voting AYE
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NOES:
2M71 Harlem AvenueGenesee :street
1348 Harlem rload
NOES:
NOES:
Supervisor HoltzCouncilman WroblewskiCouncil~an KorneckiCouncilman F~th
Councilman KaczmarekCounciL~ TrojanoskiCouncilman Bystrak
Co,md 1:man WroblewskiCouncilman Kornecki
. CmL'1cilman FathCounciL~an K~czmarek
Councilman Tro.1anoskiCouncilman BystrakSupervisor Holtz
Moved by Councilman Wroblewski, seconded by Councilman
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Sigmund KidowskiA. P. RowellFra~y. 7;nl vowski
WBEREAS, the arplicant did not enter on his applicationwhether or nOr there were deed restrictions on the above-mentioned highway.
"JlEREAS, there are deed restrictions ,·n the said hiFhway, a'1dthe ap~lication does not conforn thereto, be it
Duly put to a vote, which resulted as follows:
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VlHEREAS, Building Permits Nos. 1776 and 1777 were issued toone Joseph A. Deck, Jr., for certain construction work at No. 26R and No. 262East Treehaven Road.
Rr;SI)IV~;D, that 3uilding Permits Fos. 1776 and 1777 be and thesame are hereby rescinded, without Jr€~ldice, and that no work on the abovemFntio'1ed premises is to be started until further arproved by the CheektowagaTown Board.
Ite:" ~io. 31 ~:oved by Councilman Trojanoski, seconded by Councilman Bystrak,that the following building permit applications be approved:
AYES:
Item No. 30Trojanoski:
IAYES: -7-
AYES:
Item No. 29 Moved by Councilman Wroblewski, seconded by Councilmar.Trojanoski, that this Town Board does hereby approve the application for atrampoline Center at the Airport Plaza and the Thruway Plaza.
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Duly put to a vote, which resulted as follows:
l!.+m No. 28 Moved by C01111cilJnan r'ath, seconded b;,' Counci.lma.'1 Kaczmarek,that the application of McDonald Corporation to erect a concrete rostauranton Union rtoad, be Idenied.
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KEIIN ,;TI' T. HANLEYTown Clerk
Nos. 43b) tc 4415 inclusive•1270 1290
1626 1658495 5012711 281
NOES: -0- AB;lf1\r'T : -0-
Moved by Councilman Fath, seconded by Councilman Trojanoski,
General FundPi?hway FundSpec~al DistrictsPart Town FundC &. I
That the following claims be approved as presented:
SEAL
AYES: -7-
Item No. 3Sto adjourn.
Item I:". 3)j The following resolution was moved by Councilman Korr:ecki andseconded by Councilman Bystrak •
Item No. 33 Moved by CounciL~an Wroblewski, seconded by CouncilmanTrojanoski, that this Town Board does hereby approve two building permitapplications for Daniel Nawrocki on Jane Drive.
Item 110. J? Moved by Councilman IIroblewski, seconded by CouncilmanTrojanoski, that the Town Clerk be authorized and directed to issue buildinppermits on applications approved by the Building Inspector in his communication dated June 19, 1961.
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KICllNFTH T. HANlEYTown Clerk
ABSENT:
Councilman
SupervisorCouncilrrJanCouncilmanCouncilmanCouncilmanCouncilman
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Town Clerk Hanley; Town Attorney Kitzinger;~ngineer Kamm; General Foreman Banko, and
NOES:
Joseph KorneckiABSENT:
Ordered referred to the Town Board communication from H.C. Olney,President of S.M. Flickinger Company, Inc., relating to premisescorner of William and Glidden Street.
PRESENT: Benedict ~ HoltzFelix T. WroblewskiAlancin M. FathMichael J~ KaczmarekJoseph M. TrojanoskiStanley R. Bystrak
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Item No. hExecutive Vicelocated at the
Also present were:Deputy Town Attorney Delahunt; TownChief of Police ~ersmann.
RESOLVED, that the bid in the amount of $15,711.00 be awardedto the B &C Construction Company. I
Item ~o. 6 Moved bv Councilman Kaczmarek, seconded by CGunciL~an
\Croblewsh, to adjourn.
WHF£EAS, sealed proposals were received on the 17th day ofApril, 1961, for the furnishing of materials, tools, and equipment for theconstruction of approximately 330 square yards of pavement in Greenway Boulevard.
Item No.3 Moved by Councilwan Wroblewski, seconded by Councilman Kaczmarek,
Item No.2 The Town Clerk advised the Board that a copy of the minutes ofthe pt'evious meeting has been placed on their desk in the Courc il Chamber.
IfHEREAS, the B & C Construction Company was the lowest hidderin the amount of $15,711.00, meeting all specifications as required in theNotice to Bidders, be it
CHEEKTOWAGA, NEM YORKJune 2h, 1961
Item No.1 At a special meetine of the Town Board of the Town ofCheektowaga, Erie County, New York, held at the Town Hall in the said Town ofCheektowaga on the 2hth day of June, 1961, at 12:30 o'clook P.M., EasternDaylight Saving Time, there were:
} Item No.5 The request of Councilman Kaczmarek fer the Town Board to voteon the application of Edward Szydlowski to rezone from a residential zone tobusiness zone premises located at the corner of William and Glidden Street tobe used as a Super Duper Market, was denied due to the fact that CouncilmanKornecki requested that action on same be deferred to the July 17, 1961 TownBoard Meeting, but Supervisor Holtz emphasized the fact that if CouncilrranKornecki wou11 withdraw his tablinp, action, a special meeting could be calledfor the purpose of acting on same.
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