I. Call to Order

Town of Cheektowaga 3301 Broadway

Cheektowaga, NY 14227

Regular Meeting http://www.town.cheektowaga.ny.us

~ Minutes ~ Alice Magierski

716-686-3400

Monday, April, 19, 2010 6:45 PM Council Chambers

Town of Cheektowaga Page 1 Printed 4/20/2010

I. Call to Order

6:45 PM Meeting called to order on April 19, 2010 at Council Chambers, 3301 Broadway St, Cheektowaga, NY.

Attendee Name Organization Title Status ArrivedMary Holtz Town of Cheektowaga Supervisor PresentPatricia Jaworowicz Town of Cheektowaga Councilmember PresentJeff Swiatek Town of Cheektowaga Councilmember PresentJames Rogowski Town of Cheektowaga Councilmember PresentRichard Zydel Town of Cheektowaga Councilmember PresentCharles Markel Town of Cheektowaga Councilmember PresentStanley Kaznowski Town of Cheektowaga Councilmember Present

2. Additional Attendees

Thomas Adamczak, Supervising Building and Plumbing InspectorPatrick Bowen, Assistant Town EngineerBrian Krause, Director of Finance and AdministrationJohn Marriott, Planning Board ChairmanKevin Schenk, Town AttorneyJohn Staniszewski, TCEA Union RepresentativeChristine Ziemba, Chief of Police

II. Public Comment Period

III. Public Hearings

1. Proposed Amendments to Parks Ordinance

RESULT: CLOSED [UNANIMOUS]

MOVER: Mary Holtz, Supervisor

SECONDER: Charles Markel, Councilmember

AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel, Kaznowski

IV. Resolutions

Regular Meeting Minutes April 19, 2010


1. RESOLUTION 2010-197

Transfer of Funds

Sponsored By: Supervisor Holtz, Councilmember Swiatek

BE IT RESOLVED, that the following transfer is hereby approved and made a part hereof;

HUD NYS AFFORDABLE HOUSINGFROM: 900.8600.4910 NYS AHC Revenues $ 100,000.00

TO: 900.8668.4007 Loans From Program $ 100,000.00

RESULT: ADOPTED [UNANIMOUS]


SECONDER: Jeff Swiatek, Councilmember





Warrant

Sponsored By: Supervisor Holtz, Councilmember Swiatek

BE IT RESOLVED, that the following Vouchers & Warrants submitted to the Town of Cheektowaga prior to April 16, 2010 are hereby approved and made a part hereof;

GENERAL FUND $ 3,720,406.56RISK RETENTION FUND 146,568.30NYS HOME PROGRAM 1,120.00DEBT SERVICE FUND 71,275.00HUD HOUSING REHABILITATION FUND 9,616.00SPECIAL DISTRICTS FUND 1,042,679.32HIGHWAY FUND 1,102,447.42CAPITAL FUND 208,158.23TRUST & AGENCY FUND 8,320.56HUD CDBG FUND 997.46PART TOWN FUND 133,142.18NYS AFFORDABLE HOUSING 22,181.00

$ 6,466,912.03








Amended Negative SEQR Declaration - 25 Anderson Road

Sponsored By: Councilmember Kaznowski, Councilmember Markel

WHEREAS, pursuant to the Environmental Impact Review Ordinance of the Town of Cheektowaga, the Environmental Advisory Committee ("EAC") reviews various applications for site plans, rezonings, special permits, etc. and renders its recommendation concerning the environmental significance of such application, AND

WHEREAS, the Town Board, pursuant to the Environmental Impact Review Ordinance of the Town of Cheektowaga, is designated the Lead Agency in most instances, AND

WHEREAS, since the Town Board is the Lead Agency, it must affirm, modify or reject any recommendations submitted to it by the Advisory Committee, AND

WHEREAS, an amended application was submitted by Architecture Unlimited/ Niagara

Upstate Cooperative, Inc. for the construction of a 19,825 square foot building addition at 25 Anderson Road , AND

WHEREAS, on December 29, 2009 this Town Board previously issued a negative SEQR declaration for a 13,600 square foot building addition for the applicant, AND

WHEREAS, the Environmental Advisory Committee at its meetings held on February 10, 2010 recommended a determination of non-significance as shown on the attached memorandum dated February 11, AND

WHEREAS, the Town of Cheektowaga Planning Board recommended approval of the site plan at their meeting of February 11, 2010, AND

WHEREAS, this Town Board has reviewed the application submitted and the recommendations made by the Environmental Advisory Committee and the Planning Board NOW, THEREFORE, BE IT

RESOLVED, that this Town Board determines that the project will not have a significant

effect on the environment and therefore issues a Negative Declaration for purposes of SEQRA, AND BE IT

FURTHER RESOLVED, the Negative SEQR Declaration adopted on December 29,

2009 is reaffirmed with the aforementioned change in building area.


MOVER: Stanley Kaznowski, Councilmember






Negative SEQR Declaration-3828 Broadway

Sponsored By: Councilmember Kaznowski, Councilmember Markel

WHEREAS, pursuant to the Environmental Impact Review Ordinance of the Town of Cheektowaga, the Environmental Advisory Committee ("EAC") reviews various applications for site plans, rezonings, special permits, etc. and renders its recommendation concerning the environmental significance of such application, AND

WHEREAS, the Town Board, pursuant to the Environmental Impact Review Ordinance of the Town of Cheektowaga, is designated the Lead Agency in most instances, AND

WHEREAS, since the Town Board is the Lead Agency, it must affirm, modify or reject any recommendations submitted to it by the Advisory Committee, AND

WHEREAS, an application was submitted by Penske Truck Leasing for a rezoning

request of from M1 - Light Manufacturing to MS- Motor Service for the construction of a 14,900 square foot truck leasing facility at 3828 Broadway, AND

WHEREAS, the Environmental Advisory Committee at its meetings held on April 7, 2010 recommended a determination of non-significance as shown on the attached memorandum dated April 8, 2010, AND

WHEREAS, the Town of Cheektowaga Planning Board recommended approval of the rezoning and site plan at their meetings of March 11, 2010 and April 8, 2010 respectively, AND

WHEREAS, the Town of Cheektowaga Traffic Safety Commission has reviewed the

subject project at their meeting of March 16, 2010 and is recommending its approval, AND

WHEREAS, the Town of Cheektowaga Conservation Advisory Council has reviewed the project and is recommending the preservation of as many trees as possible, with a priority of providing replacement trees on premises for those being displaced, rather than monies in lieu of replacement trees, AND

WHEREAS, this Town Board has reviewed the application submitted and the recommendations made by the Environmental Advisory Committee, the Planning Board, the Traffic Safety Commission and the Conservation Advisory Council, NOW, THEREFORE, BE IT

RESOLVED, that this Town Board determines that the project will not have a significant

effect on the environment and therefore issues a Negative Declaration for purposes of SEQRA, AND BE IT

FURTHER RESOLVED, the proposed site plan is found to be acceptable subject to :

1. The Town Engineer reviewing and approving the grading and drainage plan.

2. The applicant obtaining the necessary area variances from the Zoning Board of Appeals.



3. Finalizing replacement trees pursuant to section 229-5 of the Town Tree Preservation Law and /or monies in lieu of such replacement trees which can not be located on premises.

4. Submission of an exterior lighting plan to be approved by the Office of Building Inspections.

ATTACHMENTS:

EAC-April 7, 2010 minutes (PDF)


MOVER: Stanley Kaznowski, Councilmember






Approve Rezoning of Property at 3828 Broadway

Sponsored By: Councilmember Markel, Councilmember Kaznowski

WHEREAS, Penske Truck Leasing petitioned for a rezoning from M1-Light Manufacturing District to MS-Motor Services District for property owned by Iskalo Properties, LLC and located at 3828 Broadway, Cheektowaga, New York (S.B.L. Nos. 103.14-1-1.1 and 103.13-1-23.2), which property is described in the attached legal description, for the construction of a 14,900 square foot truck leasing/service facility, and

WHEREAS, a public hearing on such petition was held before this Town Board on the 5th day of April, 2010 at 6:45 P.M., after publication and service of the notices required by the provisions of the Code of the Town of Cheektowaga (“Zoning Law”), and the Town Law; and all interested parties were given an opportunity to be heard at such hearing, and

WHEREAS, the Cheektowaga Planning Board has reviewed such application and has recommended approval thereof, and

WHEREAS, this Town Board previously issued a Negative Declaration under SEQRA and the Town Environmental Impact Review Ordinance for this rezoning, NOW, THEREFORE, BE IT

RESOLVED, that the application of Penske Truck Leasing for the rezoning from M1 -Light Manufacturing District to MS - Motor Services District of the property described in the attached legal description be and the same is hereby approved subject to the following conditions:

1. Any future additions to the site plan must be resubmitted to the Town Board to determine that the addition is substantially in agreement with the intent of this rezoning;

2. Applicant must obtain the necessary area variances from the Zoning Board of Appeals.

, and BE IT FURTHER

RESOLVED, that the Zoning Map and Law of the Town Of Cheektowaga be amended in accordance with the above; however, as per the February 26, 2010 letter from the current owner of the property (Iskalo Properties LLC), in the event Penske Truck Leasing does not purchase this property, this rezoning shall be null and void.

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LEGAL DESCRIPTION

PARCEL 1:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cheektowaga, County of Erie



and State of New York, being part of Lot No. 2, Township 11, Range 7 of the Holland Land Company's Survey, bounded and described as follows:

BEGINNING at a point in the southerly line of Ellicott Road, 316.54 feet west of the intersection of the southerly line of Ellicott Road and the westerly line of Mill Road;

THENCE: Westerly along the southerly line of Ellicott Road 316.53 feet to an iron stake;

THENCE: southerly 675.11 feet more or less to an iron stake in the northerly line of Broadway, which point is 623.63 feet west of the westerly line of Mill Road measured along the northerly line of Broadway (formerly Cayuga Creek Plank Road);

THENCE: Easterly along the northerly line of Broadway 250 feet to an iron pipe:

THENCE: Northerly forming an interior angle of 92 degrees 02 minutes 200 feet to an iron pipe;

THENCE: Easterly along a line parallel with the northerly line of Broadway 23.63 feet to a point;

THENCE: Northerly forming an interior angle of 92 degrees 02 minutes 200 feet to a point;

THENCE: Easterly along a line parallel with the northerly line of Broadway 38.19 feet to a stake;

THENCE: Northerly 318.25 feet to the POINT OR PLACE OF BEGINNING.

EXCEPTING from the above described parcel those lands appropriated for highway purposes by the People of the State of New York, being Map No. 72, Parcel No. 74 pursuant to Notice of Appropriation recorded in the Erie County Clerk's Office in Liber 10943 of Deeds at Page 6136.

FURTHER EXCEPTING from the above described parcel those lands conveyed by Iskalo Properties I, LLC to Michael F. Sebastiano and Marie G. Sebastiano by deed dated as of 9/5/01 and recorded 9/5/01 in Liber 10988, Cp. 3704, which land is more particularly bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 2, Township 11, Range 7 of the Holland Land Company's Survey, bounded and described as follows:

BEGINNING at a point in the southerly line of Ellicott Road, 316.54 feet west of the intersection of the southerly line of Ellicott Road and the westerly line of Mill Road, said point being the northeast corner of lands conveyed to 303 Central Avenue Corporation by deed recorded in the Erie County Clerk's Office in Liber 6994 of Deeds at Page 537;

THENCE: Southerly and along the east line of lands so conveyed to 303 Central Avenue Corporation 317.70 feet to a point in the north line of Subdivision Lot No. 7, in Block +IBw-B+IB0- as shown on a map filed in Erie County Clerk's Office under Cover No. 113;

THENCE: Westerly on a line parallel with Broadway, 80.05 feet to a point;

THENCE: Northerly on a line parallel with the first described course herein, 306.19 feet to a point in the southerly line of Ellicott Road;

THENCE: Easterly along the southerly line of Ellicott Road 81.28 feet to the POINT OF BEGINNING.



PARCEL 2:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cheektowaga, County of Erie and State of New York, being part of Lot No. 2, Township 11, Range 7 of the Holland Land Company's Survey, bounded and described as follows:

BEGINNING at a point in the northerly line of Broadway, 429.62 feet easterly of the intersection of the northerly line of Broadway with the easterly line of lands conveyed to William Davis as recorded in the Erie County Clerk's Office in Liber 97 of Deeds at Page 99;

THENCE: Easterly along the northerly line of Broadway 179.16 feet;

THENCE: Northerly at an interior angle of 92 degrees 02 minutes 01 seconds, 672.87 feet to the southerly line of Ellicott Road, which is also the northerly line of Farm Lot No. 2;

THENCE: Westerly and along the southerly line of Ellicott Road and the northerly line of Farm Lot No. 2, 340.12 feet to the westerly line of lands conveyed in Liber 3390 of Deeds at Page 344;

THENCE: Southerly at an interior angle of 97 degrees 20 minutes 35 seconds and along the westerly line of lands conveyed in Liber 3390 of Deeds at Page 344, 380.36 feet to a point;

THENCE: Easterly and parallel with Broadway 125.00 feet;

THENCE: Southerly and parallel with the westerly line of lands conveyed in Liber 3390 of Deeds at Page 344, 244.00 feet to the northerly line of Broadway and the POINT OR PLACE OF BEGINNING.

EXCEPTING therefrom that part taken by the State of New York by Notice of Appropriation recorded in Liber 10943 of Deeds at Page 6160 and designated as Map No. 71, Parcel No. 73.


MOVER: Charles Markel, Councilmember

SECONDER: Stanley Kaznowski, Councilmember





Decision on Amendment to Parks Ordinance

Sponsored By: Councilmember Rogowski, Councilmember Kaznowski

WHEREAS, the Town of Cheektowaga previously adopted a Parks Ordinance (Chapter 174 of the Code of the Town of Cheektowaga) with amendments thereto, and Rules and Regulations governing Cheektowaga Town Parks which apply to all public parks and public park approaches owned by the Town of Cheektowaga, and

WHEREAS, the existing Parks Ordinance does not permit dogs in the parks or park approaches, and

WHEREAS, the Town of Cheektowaga would like to permit the walking of dogs on leashes in the park area on the south side of Scajaquada Creek to the west and north of the Alexander Community Center building, and

WHEREAS, this Town Board desires to amend the Parks Ordinance to permit said activities in this area of our park, and

WHEREAS, in accordance with the provisions of Section 130 of the Town Law of the State of New York, a public hearing was held on the 19th day of April, 2010 at 6:45 P.M. at a meeting of the Town Board at the Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York 14227, at which hearing all parties in interest and citizens had an opportunity to be heard as to whether Chapter 174 of the Code of the Town of Cheektowaga (“Parks Ordinance”) shall be amended as provided in the Notice of Hearing, and

WHEREAS, it is in the public interest to adopt the aforesaid proposed amendments to the Parks Ordinance, NOW, THEREFORE, BE IT

RESOLVED, that the Parks Ordinance (Chapter 174 of the Code of the Town of Cheektowaga) be and hereby is amended and changed as follows:

§174-8. Domestic animals prohibited from parks and park approaches, shall be amended, effective May 1, 2010, to read as follows:

§174-8. Domestic animals in parks and park approaches. [Effective May 1, 2010]

No domestic animals shall be permitted in a park or park approach except as follows:

A. Dogs shall be permitted in the following areas only provided they are restrained/hand-controlled by leash (no longer than six feet in length) and further provided that no person walking or in charge of any dog in said area(s) shall cause, suffer or allow such dog to soil, defecate on or commit any nuisance in said area (unless said person picks up and properly disposes of the feces in an appropriate container):

Alexander Walking Path - described as follows: being the park area/walking trail area on the south side of Scajaquada Creek east and north of the Alexander Community Center, but not including any area east of the parking lot for the Cheektowaga Recreation Center/Ice Rink



building.

, and BE IT FURTHER

RESOLVED, that a copy of this resolution be entered in the minutes of the meeting of the Town Board of the Town of Cheektowaga held on the 19th day of April, 2010; and that a certified copy hereof be published in the CHEEKTOWAGA BEE, the official Town newspaper, and BE IT FURTHER

RESOLVED, that the aforementioned amendment to the Parks Ordinance shall take effect May 1, 2010.


MOVER: James Rogowski, Councilmember






Award of Bid - Athletic White Stripe 2010

Sponsored By: Councilmember Rogowski, Supervisor Holtz

WHEREAS, bids for Athletic White Stripe were received on April 14, 2010 at a meeting held for said purpose, AND

WHEREAS, said bid has been reviewed for in compliance under the terms of the specifications, NOW THEREFORE BE IT

RESOLVED, that the Cheektowaga Town Board hereby award said Bid for Athletic White Stripe to:

Reboy Supply, Inc.1280 Maple RoadElma, NY 14059

Athletic White Stripe at $.112 per lb.


MOVER: James Rogowski, Councilmember

SECONDER: Mary Holtz, Supervisor





Purchase of a Bobcat Skid-Steer Loader for Highway

Sponsored By: Councilmember Swiatek, Councilmember Kaznowski

WHEREAS, the Highway Department had requested the purchase of a Bobcat Skid-Steer Loader for use on storm sewer installations and repairs, AND

WHEREAS, said Bobcat Skid-Steer Loader is available for purchase through State Contract pricing, NOW, THEREFORE, BE IT

RESOLVED, that the purchase of a new Bobcat Skid-Steer Loader with 79" low profile bucket be purchased from:

Bobcat of Buffalo6511 Transit Road

Lockport, New York 14094-6329

in the amount of $27,226.00, AND BE IT FURTHER

RESOLVED, that the funds for said purchase be taken out of Account #4000-8140-4431.


MOVER: Jeff Swiatek, Councilmember






Notice to Bidders - Two-Way Radios for Police Department

Sponsored By: Councilmember Jaworowicz, Councilmember Rogowski

WHEREAS, the Police Department is in need of twenty-one (21) Motorola EX560 XLS Professional Submersible Two-Way Portable radios (or equivalent); and

WHEREAS, the Police Department (Dispatch) has been requested to prepare specifications for the aforesaid purchase; NOW, THEREFORE, BE IT

RESOLVED, that the Town Clerk be and hereby is directed to publish a Notice to Bidders for the purchase of the aforesaid radios, said notice to be published in the CHEEKTOWAGA BEE; AND BE IT FURTHER

RESOLVED, that sealed bids will be received on the 5th day of May, 2010 at 11:00 A.M. at a public bid opening to be held in the Council Chambers in the Cheektowaga Town Hall.

NOTICE TO BIDDERS

Sealed bids will be received and opened by the Town Clerk of the Town of Cheektowaga on Wednesday, May 5, 2010, at 11:00 A.M. in the Council Chambers, First Floor, Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York, for the purchase of twenty-one (21) Motorola Ex560 XLS Professional Submersible Two-Way Portable Radios (or equivalent) as further described in the bid specifications.

Information for bidders and specifications may be obtained from the Town Clerk at her office in said Town.

No bidder may withdraw his proposal within forty-five (45) days after the actual date of the opening thereof.

The Town Board reserves the right to consider informal any bid not prepared and submitted in accordance with the provisions of the specifications, and may waive any informality, make an award to other than the low bidder, should it be in the best interest of the Town or reject any or all bids.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA, ERIE COUNTY, NEW YORK.

Alice MagierskiTown Clerk

Dated: April 19, 2010


MOVER: Patricia Jaworowicz, Councilmember

SECONDER: James Rogowski, Councilmember





Notice to Bidders - 8’ X 32’ Trailer for Police Department


WHEREAS, the Police Department SWAT Team is in need of one 8' by 32' Trailer; and

WHEREAS, the Police Department has been requested to prepare specifications for the aforesaid purchase; NOW, THEREFORE, BE IT

RESOLVED, that the Town Clerk be and hereby is directed to publish a Notice to Bidders for the purchase of the aforesaid trailer, said notice to be published in the CHEEKTOWAGA BEE; AND BE IT FURTHER

RESOLVED, that sealed bids will be received on the 5th day of May 2010, at 11:00 A.M. at a public bid opening to be held in the Council Chambers in the Cheektowaga Town Hall.

NOTICE TO BIDDERS

Sealed bids will be received and opened by the Town Clerk of the Town of Cheektowaga on Wednesday, May 5, 2010, at 11:00 A.M. in the Council Chambers, First Floor, Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York, for the purchase of one (1) 8" x 32' Trailer for the Cheektowaga Police Department as further described in the bid specifications.

Information for bidders and specifications may be obtained from the Town Clerk at her office in said Town.

No bidder may withdraw his proposal within forty-five (45) days after the actual date of the opening thereof.

The Town Board reserves the right to consider informal any bid not prepared and submitted in accordance with the provisions of the specifications, and may waive any informality, make an award to other than the low bidder, should it be in the best interest of the Town or reject any or all bids.











Notice to Bidders Walk-In Van for PD SWAT Team


WHEREAS, the Police Department SWAT Team is in need of one (1) New and Unused 2010 Walk-In Van; and

WHEREAS, the Police Department SWAT Team has been requested to prepare specifications for the aforesaid purchase; NOW, THEREFORE, BE IT

RESOLVED, that the Town Clerk be and hereby is directed to publish a Notice to Bidders for the purchase of the aforesaid radios, said notice to be published in the CHEEKTOWAGA BEE; AND BE IT FURTHER

RESOLVED, that sealed bids will be received on the 5th day of May 2010, at 11:00 A.M. at a public bid opening to be held in the Council Chambers in the Cheektowaga Town Hall.

NOTICE TO BIDDERS

Sealed proposals will be received and opened by the Town Clerk of the Town of Cheektowaga on Wednesday, May 5, 2010, at 11:00 A.M. in the Council Chambers, First Floor, Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York, for the purchase of one (1) 2010 new and unused Walk-In Van for the Cheektowaga Police Department as specified.

Information for bidders and specifications may be obtained from the Town Clerk at her office in said Town. One bid is to be submitted for the purchase of one (1) 2010 new and unused Walk-In Van for the Cheektowaga Police Department as specified.

The Town Board reserves the right to consider informal any bid not prepared and submitted in accordance with the provisions of the specifications and contract documents, and may waive any informality, make an award to other than the low bidder, should it be in the best interest of the Town or reject any or all bids.

By order of the Town Board of the Town of Cheektowaga, Erie County, New York.










Refunding Bond Resolution

Sponsored By: Holtz, Swiatek, Kaznowski, Zydel, Jaworowicz, Rogowski, Markel

REFUNDING BOND RESOLUTION OF THE TOWN OF CHEEKTOWAGA, NEW YORK, ADOPTED APRIL 19, 2010, AUTHORIZING THE REFUNDING OF ALL OR A PORTION OF CERTAIN OUTSTANDING SERIAL BONDS OF SAID TOWN, STATING THE PLAN OF REFUNDING, APPROPRIATING AN AMOUNT NOT TO EXCEED $5,740,000 FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,740,000 REFUNDING BONDS TO FINANCE SAID APPROPRIATION, AND MAKING CERTAIN OTHER DETERMINATIONS RELATIVE THERETO

Recitals

WHEREAS on May 22, 1997, the Town of Cheektowaga, in the County of Erie,

New York (herein called the “Town”), issued its $5,045,000 Various Purposes Serial Bonds-

1997, which are currently outstanding in the principal amount of $900,000 (herein referred to as

the “Outstanding 1997 Bonds”); and

WHEREAS, the Outstanding 1997 Bonds bear interest payable semiannually on

May 15 and November 15 in each year to maturity and mature on May 15 in the years and in the

principal amounts, as follows:

Year ofMaturity

Principal Amount

Interest Rate

2010 $ 300,000 5.20%2011 300,000 5.202012 300,000 5.20

WHEREAS, the Outstanding 1997 Bonds maturing on or after the effective date

of this resolution will be subject to redemption on any interest payment date, at the option of the

Town, in whole or in part, in inverse order of maturity or in equal proportionate amounts



(selected by a lot within a maturity), at the redemption price of the par amount of bonds to be

redeemed, plus accrued interest to the date of redemption.

WHEREAS on June 16, 1999, the Town issued its $3,380,000 Public

Improvement Serial Bonds-1999, which are currently outstanding in the principal amount of

$1,125,000 (herein referred to as the “Outstanding 1999 Bonds”); and


June 15 and December 15 in each year to maturity and mature on June 15 in the years and in the

principal amounts, as follows:

Year ofMaturity

Principal Amount

Interest Rate

2010 $225,000 4.60 %2011 225,000 4.602012 225,000 4.602013 225,000 4.602014 225,000 4.60

WHEREAS, the Outstanding 1999 Bonds maturing on or after the effective date

of this resolution are subject to redemption prior to maturity, at the option of the Town, on any

date, in whole or in part, and if in part, in any order of their maturity and in any amount within a

maturity (selected by a lot within a maturity), at the following redemption prices, plus accrued

interest to the date of redemption:

Redemption PriceRedemption Dates as a Percentage of ParJune 15, 2009 through June 14, 2010………………………………... 101%June 15, 2010 through June 14, 2011………………………………... 100.5%June 15, 2011 and thereafter……………………………………….... 100

WHEREAS on September 5, 2001, the Town issued its $7,850,000 Public

Improvement Serial Bonds, which are currently outstanding in the principal amount of

$3,450,000 (herein referred to as the “Outstanding 2001 Bonds”); and




March 1 and September1 in each year to maturity and mature on September 1 in the years and in

the principal amounts, as follows:

Year ofMaturity

Principal Amount

Interest Rate

2010 $475,000 3.80%2011 475,000 4.002012 500,000 4.002013 500,000 4.202014 500,000 4.302015 500,000 4.302016 500,000 4.30

Redemption PriceRedemption Dates as a Percentage of ParSeptember 1, 2010 through August 31, 2011………………… 101%September 1, 2011 through August 31, 2012………………… 100.5September 1, 2012 and thereafter ……………………………. 100

WHEREAS, the Outstanding 2001 Bonds maturing on or after September 1,

2011 are subject to redemption prior to maturity, at the option of the Town, on September 1,

2010 and thereafter on any date, in whole or in part, and if in part, in any order of their maturity

and in any amount within a maturity (selected by lot within a maturity), at the following

redemption prices, plus accrued interest to the date of redemption:

WHEREAS, the Outstanding 1997 Bonds, the Outstanding 1999 Bonds and the

Outstanding 2001 Bonds are collectively referred to as the “Outstanding Bonds.”

WHEREAS, Sections 90.00 and 90.10 of the Local Finance Law, constituting

Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”),

permit the Town to refund all or a portion of the outstanding unredeemed maturities of such

bonds by the issuance of new bonds, the issuance of which will result in present value debt

service savings for the Town, and the Town Board of Town has determined that it may be

advantageous to refund all or a portion of the Outstanding Bonds;



NOW, THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA,

NEW YORK (by the favorable vote of at least two-thirds of all the members of said Town

Board), AS FOLLOWS:

Section 1. In this resolution, the following definitions apply, unless a different

meaning clearly appears from the context:

(a) “Bond To Be Refunded” or “Bonds To Be Refunded” means all or a portion of the aggregate Outstanding Bonds, as shall be determined in accordance with Section 8 hereof.

(b) “Escrow Contract” means the contract to be entered into by and between the Town and the Escrow Holder pursuant to Section 10 hereof.

(c) “Escrow Holder” means the bank or trust company designated as such pursuant to Section 10 hereof.

(d) “Present Value Savings” means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the agreed upon price including estimated accrued interest.

(e) “Redemption Date” means any interest payment date with respect to the Outstanding 1997 Bonds; any date with respect to the Outstanding 1999 Bonds; and September 1, 2010 and any date thereafter with respect to the Outstanding 2001 Bonds, as shall be determined by the Supervisor, as chief fiscal officer, pursuant to Section 8 hereof.

(f) “Refunding Bond” or “Refunding Bonds” means all or a portion of the $5,740,000 Refunding Serial Bonds-2010 of the Town of Cheektowaga, authorized to be issued pursuant to Section 2 hereof.

(g) “Refunding Bond Amount Limitation” means an amount of Refunding Bonds which does not exceed the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on such Bonds To Be Refunded, to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such Redemption Date, as hereinabove referred to in the Recitals hereto, plus costs and expenses



incidental to the issuance of the Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof.

Section 2. The Town Board of the Town of Cheektowaga (herein called the

“Town Board”), hereby authorizes the refunding of the Bonds To Be Refunded, and appropriates

an amount not to exceed $5,740,000 to accomplish such refunding. The plan of financing said

appropriation includes the issuance of not to exceed $5,740,000 Refunding Bonds and the levy

and collection of a tax upon all the taxable real property within the Town to pay the principal of

and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the

Town in the maximum principal amount of $5,740,000 and designated substantially as

“Refunding Serial Bonds-2010,” are hereby authorized to be issued pursuant to the provisions of

the Law. The proposed financial plan for the refunding in the form attached hereto as Exhibit A

(the “refunding financial plan”) prepared for the Town by Capital Markets Advisors, LLC,

Orchard Park, New York, New York, and hereby accepted and approved, includes the deposit of

all or part of the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an

Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the

Town in connection with said refunding from such proceeds and the investment of a portion of

such proceeds by the Escrow Holder in certain obligations. The principal of and interest on such

investments, together with the balance of such proceeds to be held uninvested, if any, shall be

sufficient to pay (i) the principal of and interest on the Bonds To Be Refunded becoming due and

payable on and prior to each applicable Redemption Date and (ii) the principal of and premium

on the Bonds To Be Refunded which are to be called for redemption prior to maturity on any

such Redemption Date.

Section 3. The Bonds To Be Refunded referred to in Section 1 hereof are all or a

portion of the unmatured aggregate outstanding balances of the Outstanding Bonds issued



pursuant to various bond resolutions duly adopted on their respective dates, authorizing the

issuance of bonds of the Town for various purposes in and for the Town. In accordance with the

refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount of

not to exceed $5,740,000 shall mature in amounts and on dates to be determined. The

Supervisor, the chief fiscal officer of the Town, is hereby authorized to approve all details of the

refunding financial plan not contained herein.

Section 4. The issuance of the Refunding Bonds will not exceed the Refunding

Bond Amount Limitation. The Refunding Bonds shall mature not later than the maximum

periods of probable usefulness (“PPU”) permitted by law at the time of original issuance of the

Bonds to be Refunded, for the objects or purposes financed with the proceeds of the Bonds to be

Refunded, commencing at the date of issuance of the first bond or bond anticipation note issued

in anticipation of the sale of such bonds. The applicable periods of probable usefulness for each

of the objects or purposes financed with the proceeds of the Bonds to be Refunded, are the

periods designated in Exhibit B annexed hereto and hereby made a part hereof.

Section 5. The aggregate amount of estimated Present Value Savings is set forth

in the proposed refunding financial plan attached hereto as Exhibit A, computed in accordance

with subdivision two of paragraph b of Section 90.10 of the Law. Said refunding financial plan

has been prepared based upon the assumption that the Refunding Bonds will be issued in the

aggregate principal amount, and will mature, be of such terms and bear such interest as set forth

therein. The Town Board recognizes that the principal amount of the Refunding Bonds, the

maturities, terms and interest rates, the provisions, if any, for the redemption thereof prior to

maturity, and whether or not any or all of the Refunding Bonds will be insured, and the resulting

present value savings, may vary from such assumptions and that the refunding financial plan

may vary from that attached hereto as Exhibit A.

Section 6. The Refunding Bonds may be sold at public or private sale and, if the



Refunding Bonds are sold at private sale, the Supervisor, as the chief fiscal officer of the Town,

is hereby authorized to execute a purchase contract on behalf of the Town for the sale of said

Refunding Bonds, provided that the terms and conditions of such sale shall be approved by the

State Comptroller. Prior to the issuance of the Refunding Bonds the Supervisor shall have filed

with the Town Board a certificate approved by the State Comptroller setting forth the Present

Value Savings to the Town resulting from the issuance of the Refunding Bonds. In connection

with such sale, the Town authorizes the preparation of an Official Statement and approves its use

in connection with such sale, and further consents to the distribution of a Preliminary Official

Statement prior to the date said Official Statement is distributed. In the event that the Refunding

Bonds are sold at public sale pursuant to Section 57.00 of the Law, the Supervisor is hereby

authorized and directed to prepare or have prepared a Notice of Sale, which shall be published in

full or in summary at least once in “The Bond Buyer,” published in the City of New York and/or

the official newspaper of the Town having general circulation within said Town, not less than

five (5) nor more than thirty (30) days prior to the date of said sale, in conformity with the

requirements of Section 57.00 of the Local Finance Law and related regulations of the State

Comptroller. The Supervisor is hereby further authorized and directed to take any and all actions

necessary to accomplish said refunding, and to execute any contracts and agreements for the

purchase of and payment for services rendered or to be rendered to the Town in connection with

said refunding, including the preparation of the refunding financial plan referred to in Section 2

hereof.

Section 7. Each of the Refunding Bonds authorized by this resolution shall

contain the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds

shall be general obligations of the Town, payable as to both principal and interest by a general

tax upon all the taxable real property within the Town without limitation as to rate or amount.

The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the



principal of and interest on said Refunding Bonds and provision shall be made annually in the

budget of the Town for (a) the amortization and redemption of the Refunding Bonds to mature in

such year and (b) the payment of interest to be due and payable in such year.

Section 8. Subject to the provisions of this resolution and of the Law, and

pursuant to the provisions of Section 21.00 of the Law with respect to the issuance of bonds

having substantially level or declining annual debt service, and Sections 50.00, 56.00 to 60.00,

90.10 and 168.00 of the Law, the powers and duties of the Town Board relative to determining

the amount of Bonds To Be Refunded, prescribing the terms, form and contents and as to the sale

and issuance of the Refunding Bonds, and executing any arbitrage certification relative thereto,

and as to executing the Escrow Contract described in Section 10, the Official Statement referred

to in Section 6 and any contracts for credit enhancements in connection with the issuance of the

Refunding Bonds and any other certificates and agreements, and as to making elections to call in

and redeem all or a portion of the Bonds to be Refunded, are hereby delegated to the Supervisor,

the chief fiscal officer of the Town.

Section 9. The validity of the Refunding Bonds authorized by this resolution may

be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after

the date of such publication, or

(c) such obligations are authorized in violation of the provisions of the constitution.

Section 10. Prior to the issuance of the Refunding Bonds, the Town shall contract

with a bank or trust company located and authorized to do business in New York State, for the



purpose of having such bank or trust company act as the Escrow Holder of the proceeds,

inclusive of any premium from the sale of the Refunding Bonds, together with all income

derived from the investment of such proceeds. Such Escrow Contract shall contain such terms

and conditions as shall be necessary in order to accomplish the refunding financial plan,

including provisions authorizing the Escrow Holder, without further authorization or direction

from the Town, except as otherwise provided therein, (a) to make all required payments of

principal, interest and redemption premiums to the appropriate paying agent with respect to the

Bonds To Be Refunded, (b) to pay costs and expenses incidental to the issuance of the Refunding

Bonds, including the development of the refunding financial plan, and costs and expenses

relating to the execution and performance of the terms and conditions of the Escrow Contract

and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause

to be given on behalf of the Town the notice of redemption authorized to be given pursuant to

Section 13 hereof, and (d) to invest the monies held by it consistent with the provisions of the

refunding financial plan. The Escrow Contract shall be irrevocable and shall constitute a

covenant with the holders of the Refunding Bonds.

Section 11. The proceeds, inclusive of any premium, from the sale of the

Refunding Bonds, immediately upon receipt shall be placed in escrow by the Town with the

Escrow Holder in accordance with the Escrow Contract. All moneys held by the Escrow Holder

shall be invested only in direct obligations of the United States of America or in obligations the

principal of and interest on which are unconditionally guaranteed by the United States of

America, which obligations shall mature or be subject to redemption at the option of the holder

thereof not later than the respective dates when such moneys will be required to make payments

in accordance with the refunding financial plan. Any such moneys remaining in the custody of

the Escrow Holder after the full execution of the Escrow Contract shall be returned to the Town

and shall be applied by the Town only to the payment of the principal of or interest on the



Refunding Bonds then outstanding.

Section 12. That portion of such proceeds from the sale of the Refunding Bonds,

together with interest earned thereon, which shall be required for the payment of the principal of

and interest on the Bonds To Be Refunded, including any redemption premiums, in accordance

with the refunding financial plan, shall be irrevocably committed and pledged to such purpose

and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the

investments thereof held by the Escrow Holder. All interest earned from the investment of such

moneys which is not required for such payment of principal of and interest on the Bonds To Be

Refunded shall be irrevocably committed and pledged to the payment of the principal of and

interest on the Refunding Bonds, or such portion or series thereof as shall be required by the

refunding financial plan, and the holders of such Refunding Bonds shall have a lien upon such

moneys held by the Escrow Holder. The pledges and liens provided for herein shall become

valid and binding upon the issuance of the Refunding Bonds and the moneys and investments

held by the Escrow Holder shall immediately be subject thereto without any further act. Such

pledges and liens shall be valid and binding against all parties having claims of any kind in tort,

contract or otherwise against the Town irrespective of whether such parties have notice thereof.

Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledges

and liens, need be filed or recorded.

Section 13. In accordance with the provisions of Section 53.00 and of paragraph

h of Section 90.10 of the Law, the Town Board hereby elects to call in and redeem all or a

portion of the Bonds To Be Refunded which are subject to prior redemption according to their

terms on the Redemption Date, as shall be determined by the Supervisor in accordance with

Section 8 hereof. The sum to be paid therefor on the applicable Redemption Date shall be the

par value thereof, the accrued interest to such Redemption Date and the redemption premiums, if

any. The Escrow Holder is hereby authorized and directed to cause a notice of such call for



redemption to be given in the name of the Town by mailing such notice not less than thirty (30)

days nor more than sixty (60) days prior to such Redemption Date, and in accordance with the

terms appearing in the Bonds to be Refunded, to the registered holders of the Bonds To Be

Refunded which are to be called in and redeemed. Upon the issuance of the Refunding Bonds,

the election to call in and redeem the Bonds To Be Refunded which are to be called in and

redeemed in accordance herewith and the direction to the Escrow Holder to cause notice thereof

to be given as provided in this Section shall become irrevocable and the provisions of this

Section shall constitute a covenant with the holders, from time to time, of the Refunding Bonds,

provided that this Section may be amended from time to time as may be necessary to comply

with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may

be amended from time to time.

Section 14. This bond resolution shall take effect immediately, and the Town

Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together

with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “The

Cheektowaga Bee,” a newspaper having general circulation in the Town and hereby designated

the official newspaper of said Town for such publication.

* * *

ATTACHMENTS:

EXHIBIT B 2010 refunding (DOC)

Refunding Financial Plan 2010 (PDF)








Amend Use of HOME Program Funds


WHEREAS, the Town of Cheektowaga has received Home Investment Partnership funds through the Amherst HOME Consortium, of which the Town is a member, and

WHEREAS, the Town desires to amend its use of said HOME funds pursuant to the attached Community Development Block Grant Program and HOME Program Amendment Report, and

WHEREAS, citizens and interested parties were provided the opportunity to comment on the proposed amendment pursuant to the Citizen Participation Plan previously adopted by the Town Board, and

WHEREAS, the Director of Community Development recommends approval of the proposed amendment, Now Therefore Be It

RESOLVED, that the Town Board hereby amends its use of HOME Investment Partnership funds and requests the Town of Amherst, as Consortium Lead Community, to amend its Final Statement/Annual Plan on the Use of Community Development and HOME Investment Partnership Funds pursuant to the attached HOME Program Amendment Report.

Amherst HOME ConsortiumTown of Cheektowaga

Home Investment Partnership ProgramAmended Annual Plan

2010 - HOME #1

The Town of Cheektowaga has amended its use of HOME Investment Partnership Funds as follows:

The following activities budgeted for the Town of Cheektowaga will be canceled and the funds budgeted for each said activity will be reallocated for Housing Rehabilitation activities for low-to-moderate income homeowners in the Town of Cheektowaga. The funds for the activities proposed to be cancelled are not currently needed for said use, however, if a need for funding for said activities is identified in the future, HOME Program funds may be allocated for such activity.

Activities to be cancelled: 2007 Special Needs Housing-$100,000;

2008 Special Needs Housing-$75,000.








Agreement to Sell 64 Glidden Street


Whereas, the Town owns residential property at 64 Glidden Street which was acquired and demolished with Community Development Block Grant funds in order to eliminate a blighted structure at that location, and

Whereas, the Town wishes to dispose of the vacant lot, and

Whereas, Buffalo Niagara Realty, Inc. has submitted a proposal to sell said property for a flat fee, and

Whereas, the Director of Community Development recommends that the Town engage the services of Buffalo Niagara Realty, Inc. for said purpose, Now Therefore Be It

Resolved, that the Supervisor is authorized and directed to execute an agreement with Buffalo Niagara Realty, Inc., 2846 William Street, Cheektowaga, New York, subject to review and approval by the Town Attorney, for the sale of the residential parcel at 62 Glidden Street pursuant to the proposal submitted by Buffalo Niagara Realty, Inc. for a fee not to exceed $2,500, said expense to be paid from the proceeds of said sale, with the net proceeds returned to the Community Development Block Grant program.








Authorize Supervisor to Execute Agreement with County of Erie Relating to Dingens Street Sewers

Sponsored By: Supervisor Holtz, Councilmember Kaznowski

WHEREAS, the Town has initiated plans to undertake the installation of storm sewer pipes and related infrastructure along Dingens Street in the Town of Cheektowaga, County of Erie, including pipes, receivers, manholes and appurtenances, (hereinafter “Storm Sewer Project”), to facilitate future drainage improvements to Town highways intersecting with Dingens Street ; and

WHEREAS, Dingens Street is a County highway, and the Storm Sewer Project work will be performed in the Dingens Street right-of-way; and

WHEREAS, the Storm Sewer Project will provide a direct benefit and enhancement to the existing drainage within the County highway right-of-way, and

WHEREAS, the County has appropriated the sum of Three Hundred Thousand and No/100 Dollars ($300,000.00) to assist the Town toward the cost of constructing the Storm Sewer Project; and

WHEREAS, an agreement has been drafted between the County and Town to coordinate and facilitate the Storm Sewer Project along Dingens Street for the benefit of Town and County residents; NOW, THEREFORE, BE IT

RESOLVED, that the Supervisor be and hereby is authorized and directed to execute said agreement on behalf of the Town of Cheektowaga.








Authorize Supervisor to Execute Grant Application for Police and Courts Building

Sponsored By: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel, Kaznowski

WHEREAS, through the efforts of State Senator William Stachowski, $700,000 in grant monies may be available from the Dormitory Authority for the State of New York through the New York State Economic Development Assistance Program (“NYS EDAP”) for renovation and expansion of the Police/Court facility; and

WHEREAS, the Town Board deems use of these funds to be in the public interest; NOW, THEREFORE BE IT

RESOLVED, that Grantmakers Advantage, Inc., the Town's grant consultants, be authorized and directed to complete the necessary application, forms, etc. to be submitted to the Dormitory Authority for the State of New York the purpose of securing this grant, and BE IT FURTHER

RESOLVED, that the Supervisor and Director of Administration and Finance be and hereby are authorized and directed to execute all documents pertaining to the application and for the acquisition of said funding.



SECONDER: Patricia Jaworowicz, Councilmember





Municipal Clerks Week

Sponsored By: Markel, Rogowski, Swiatek, Holtz, Jaworowicz, Zydel, Kaznowski

WHEREAS: the Office of the Municipal Clerk, a time honored and vital part of the local government exists throughout the world, and

WHEREAS: the Office of the Municipal Clerk is the oldest among public servants, and

WHEREAS: the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and

WHEREAS: Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and

WHEREAS: the Municipal Clerk is the information center on functions of local government and the community, and

WHEREAS: Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state and countyprofessional organizations, and

WHEREAS: it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk., NOW THEREFORE BE IT

RESOLVED that the Town Board of the Town of Cheektowaga, does hereby recognize the week of April 19 through April 23, 2010 as Municipal Clerks Week and further extend appreciation to our Town Clerk, Alice Magierski, her knowledgeable and professional staff and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.








Designation of Motorcycle Safety and Awareness Month

Sponsored By: Councilmember Zydel, Supervisor Holtz

WHEREAS, with warmer weather, more motorcycles are back out on the road; and

WHEREAS, with the price of fuel, more people are turning to motorcycles for transportation; and

WHEREAS, motorcycles have a much smaller profile than other vehicles making it difficult to judge the speed and distance of an approaching motorcycle; and

WHEREAS, many new new riders do not have the skills to ride safely and many seasoned riders have forgotten them; and

WHEREAS, the Buffalo/Erie Chapter of American Bikers Aimed Toward Education (ABATE of New York) seeks to remind the drivers of passenger vehicles to be more aware of motorcycles and bike riders to take a motorcycle safety course to improve necessary skills in order to ride safely; NOW, THEREFORE, BE IT

RESOLVED, that the Town of Cheektowaga hereby joins with other federal, state and local highway safety, law enforcement, and motorcycle organizations in recognizing May, 2010 as “Motorcycle Safety & Awareness Month.”


MOVER: Richard Zydel, Councilmember






Designate EMS Board

Sponsored By: Supervisor Holtz, Councilmember Jaworowicz

WHEREAS, in order to provide for the provisions of emergency medical services on a uniform basis, this Town Board, on May 7, 1984, adopted an Ambulance Services Ordinance, AND

WHEREAS, said Ordinance provides for the establishment of an Emergency Medical Services Board ("EMS Board") which will act as agent of the Town in the implementation of the Ordinance, AND

WHEREAS, the composition of the EMS Board is set forth in Section 52-7 of the Code of the Town of Cheektowaga , AND

WHEREAS, the terms of the present individuals who were appointed to the EMS Board expired, NOW, THEREFORE, BE IT

RESOLVED, that the following individuals shall be designated to serve as members of the EMS Board for 2010 for a term of one year:

REPRESENTING DESIGNATE ALTERNATEBellevue Jamie Casucci Ed Kutas, Dell ReitzCleveland Hill Robert Trautman Mark CollettDoyle Richard Ralecki NoneForks Vincent Piasecki Jeff PlaceEMS OfficersHy-View Robert Schmitt Roman GawronskiPine Hill David Reinhardt Brian KirstWalden Michael Divens Tim TryjankowskiSloan Debbie Striewing Jannine HughesSouth Line Ed Fialkowski Kyle Tobolski/Jay TolsmaU-Crest Ronald Wanat Michael GraczykSt. Joe's Hospital Dr. Frank LeeChief of Police Captain James SpeyerDispatch Paul Hockwater Jr.Town Board Supervisor Holtz

EX-OFFICIO MEMBERS (non-voting)Rural/Metro Richard BartelCounty EMS John Adolph

and, BE IT FURTHER

RESOLVED, that Robert Schmitt be appointed to serve as Chairman of the EMS Board





SECONDER: Patricia Jaworowicz, Councilmember





Approve Auction of Town Surplus Vehicles and Equipment

Sponsored By: Councilmember Swiatek, Supervisor Holtz

WHEREAS, the Town wishes to dispose of a number of surplus motor vehicles and equipment no longer needed for Town use: and

WHEREAS, sale of surplus property by the Town is authorized by Section 64 of the Town Law of the State of New York; and

WHEREAS, Auctions International, Inc., will sell such motor vehicles and equipment at an on-line auction in accordance with the terms of a proposed contract, a copy of which is attached hereto; NOW THEREFORE, BE IT

RESOLVED, that the Town hereby retains Auctions International, Inc., 808 Borden Road, Cheektowaga, New York, as per the submitted contract, to conduct a sale of the surplus Town vehicles and equipment identified on the attached list at an on-line auction to be held on its website; and BE IT FURTHER

RESOLVED, that the Supervisor of the Town of Cheektowaga be and hereby is authorized to execute the aforementioned contract and any and all documents that may be required to effectuate the sale and transfer of all said vehicles and equipment.

******************************************************************************************************

Year Make Model VIN # Miles Fleet #1992 Giant Vac Leaf Loader 6800-TR14 90-219172 NA 911993 Ford Crew Cab F350XL 2FTJW35M2PCB28792 129917 611988 Bomag Roller BW10AS 101560000170 NA 691992 Giant Vac Leaf Loader 6800-TR14 90-219202 NA 961992 Giant Vac Leaf Loader 6800-TR15 90-219274 NA 931992 Giant Vac Leaf Loader 6800-TR16 90-219203 NA 971992 Giant Vac Leaf Loader 6800-TR17 90-219201 NA 951986 Stow Roller R2000HES 24677-601 NA 651988 Mack Dump RD685P 1M2P129C8JA012117 91282 441985 Mack Dump RD685P 1M2P129CXFA010926 100062 251993 Ford Crew Cab F350XL 2FTJW35MOPCB28791 143028 621997 Ford Van Aerostar 1FTDA1403VZB15244 84100 34

NA Assorted Mack Truck Parts NA NA NA








Order Replacement of Sidewalks


WHEREAS, Chapter 210 of the Code of the Town of Cheektowaga (Streets and Sidewalks) sets forth the specifications for the construction of sidewalks in the Town of Cheektowaga, and

WHEREAS, Section 200-a of the Town Law of the State of New York authorizes a town board to adopt a local law to apportion the expense of building, relaying and repairing sidewalks in towns between the town and property owners, and

WHEREAS, this Town Board, by Local Law No. 4 of the Year 1991 and Local Law No. 5 of the Year 2008, adopted provisions to apportion the cost of relaying or repairing sidewalks in the Town of Cheektowaga between the Town and property owners, and

WHEREAS, the Town Superintendent of Highways has supplied this Town Board with the attached list of sidewalks in the Town which are in need of repair or replacement, NOW, THEREFORE, BE IT

ORDERED, that the owners of properties on the attached list be and hereby are directed to repair/replace the sidewalks abutting such properties on or before May 19, 2010 in accordance with the Town’s Streets and Sidewalks Law, and BE IT FURTHER

ORDERED, that, should such property owners neglect to or choose to not repair/replace their sidewalks as so notified before May 19, 2010, the Town will cause such sidewalks to be repaired/replaced; will pay $40.00 for each 5-foot linear block repaired/replaced; and will assess/charge the property owner the balance over a period of five (5) years on the County/Town tax bill, with interest at the rate of 6.00 % as authorized by State law; or, at the property owner’s option, payment may be made in one lump sum before September 1, 2010, and BE IT FURTHER

ORDERED, that the Town Clerk be and hereby is directed to notify the owners of properties identified on the attached list of the adoption of this Order by sending the attached Notice via certified mail to each owner at his/her/their address as it appears on the Town Assessment Roll.

***********************************************************************NOTICE OF ADOPTION OF ORDER

OF THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA

TAKE NOTICE THAT, pursuant to a resolution adopted by the Town Board of the Town of Cheektowaga on April 19, 2010,

YOU ARE HEREBY ORDERED to repair the sidewalk in front of your property.

Such work must be completed on or before May 19, 2010 .

In the event you neglect or choose not to perform this work before the specified



date, be advised that the Town of Cheektowaga shall cause such work to be done. The Town will audit and pay $40 for each 5-foot linear block replaced; and will assess the remaining expense thereof (including interest at the rate of 6.00%) against your property in five (5) annual installments; this amount will be added to your town tax bills for the next five (5) years and shall become a lien on your property. In the alternative, you may pay your share of the cost directly to the Town provided you do so on or before September 1, 2010. You will be notified of the amount you owe for sidewalk repairs.

If the Town performs the work, it is estimated that your cost for sidewalk repair will be approximately $60 - $70 per 5-foot linear block of sidewalk.

If you choose to perform the work yourself or have a contractor perform such work, be advised that you will be responsible for paying 100% of the cost of the sidewalk work (the Town will not pay anything towards your cost).


DATED: April 19, 2010

ALICE MAGIERSKITown Clerk

ATTACHMENTS:

SIDEWALK REPLACEMENT letter 4-19-10 (DOC)

Sidewalk List April 19 2010 (PDF)








Creation of Two (2) Assistant Code Enforcement Officer Titles


BE IT RESOLVED, the Town Board hereby create two (2) Assistant Code Enforcement Officer positions pursuant to Civil Service Laws and Rules effective October 20, 2009.








Youth & Recreation Hiring

Sponsored By: Councilmember Zydel, Councilmember Rogowski

BE IT RESOLVED that the individuals listed below be and hereby are hired and/or transferred, as indicated, in the Department of Youth & Recreational Services, effective immediately:

Recreation Instructor - 7140.1632 Camp Dartwood - $9.00 - Seasonal

Jacquelyn Rieck 14225

Recreation Attendant - 7140.1646 - $7.50 - Regular Part-time

Steven Gasiorek 14206


David Miesowicz 14043


Alexis Wayne 14227

BE IT FURTHER RESOLVED that the individuals listed below whose titles and/or salaries were incorrectly listed be corrected as follows:

Recreation Attendant - 7140.1611 - $8.40 - Regular Part-time (Retro to 4/5/10)

Nathan Pyzikiewicz

Recreation Instructor - 7140.1611 - $10.70 - Regular Part-time

Glenn A. Au

Motion by Supervisor Holtz; Seconded by Councilmember Rogowski to Waive the Reading of names of the following two (2) resolutions, 2010-219 and 2010-220. Motion Carried


MOVER: Richard Zydel, Councilmember






Hire/Termination of Part-Time/Seasonal Employees


BE IT RESOLVED, that the following individual be and hereby is hired as a SEASONAL EMPLOYEE, not to exceed five months in a calendar year, in the department listed and in compliance with Civil Service Laws and Rules as well as the provisions of the Town's collective bargaining agreement between the Town of Cheektowaga and the Town of Cheektowaga Employees Association:

TOWN CLERK - Clerk $8.00/hour effective 6/01/10Chelsea A. Dawe, Cheektowaga, New York

BE IT RESOLVED, that the following individual be and hereby is hired as a PART-TIME EMPLOYEE in the department listed, not to exceed 19 hours on a weekly basis, in compliance with Civil Service Laws and Rules as well as the provisions of the Town's collective bargaining agreement between the Town of Cheektowaga and the Town of Cheektowaga Employees Association:

TOWN CLERK - Clerk $8.00/hour effective 4/12/10Ashlee Guay, Depew, New York

BE IT RESOLVED, that the following seasonal and/or part-time employee be and hereby is terminated as listed:

POLICE DEPARTMENTSara Berecz effective 2/24/10








Authorization of Student Intern - Justice Court (Nicholas Ross)


WHEREAS, Nicholas Ross, a student at Erie 1 Boces, has requested to participate in the student internship program at the Justice Court; AND

WHEREAS, Mr. Ross has been interviewed by the Justice Court and the Court is willing to afford him the opportunity to intern; NOW, THEREFORE, BE IT

RESOLVED, that Nicholas Ross of Cheektowaga, New York be and hereby is authorized to participate as an unpaid intern in the Cheektowaga Justice Court, subject to his execution of a Waiver of Liability and Agreement of Confidentiality; AND, BE IT FURTHER

RESOLVED, that the Town Supervisor be and hereby is authorized and directed to execute the Agreement of Confidentiality, and all other documents necessary to effectuate this student internship in the Justice Court.








Appointment of Senior Clerk Typist (Competitive/Temporary) Police Department (Carol E. Driscoll)

Sponsored By: Councilmember Jaworowicz, Councilmember Swiatek

WHEREAS, a temporary vacancy exists in the position of Senior Clerk Typist in the Police Department; AND

WHEREAS, notice of such vacancy has been posted in accordance with the provisions of the Town's collective bargaining agreement with the Town of Cheektowaga Employees Association; AND

WHEREAS, such job title is in the competitive class of Civil Service; AND

WHEREAS, Carol E. Driscoll, currently employed as a Clerk Typist in the Police Department, appears on the existing Civil Service promotional list and meets all the necessary qualifications for appointment; NOW, THEREFORE, BE IT

RESOLVED, that Carol E. Driscoll of Cheektowaga, New York, be and hereby is appointed to the temporary position of Senior Clerk Typist in the Police Department in accordance with the terms and conditions of the Town's collective bargaining agreement with the Town of Cheektowaga Employees Association effective April 14, 2010.








Appointment of Payroll Clerk (Competitive/Permanent) Police Department (Michelle Gordon)


WHEREAS, a vacancy exists in the position of Payroll Clerk in the Police Department; AND

WHEREAS, notice of said vacancy has been posted in accordance with the provisions of the Town's collective bargaining agreement with the Town of Cheektowaga Employees Association; AND

WHEREAS, said job title is in the competitive class of civil service; AND

WHEREAS, Michelle L. Gordon, currently employed as a Clerk Typist in the Sewer Maintenance Department, bid on said vacancy, appears on the current civil service list and meets all the necessary qualifications for appointment; AND

WHEREAS, this personnel transaction is predicated on the current incumbent, Joann D. Machnica, retiring and activating her New York State Retirement pension; AND

WHEREAS, failure of the incumbent to retire will void this transaction; NOW, THEREFORE, BE IT

RESOLVED, that Michelle L. Gordon of Cheektowaga, New York, be and hereby is appointed to the position of Payroll Clerk in the Police Department in accordance with the terms and conditions of the Town's collective bargaining agreement with the Town of Cheektowaga Employees Association effective May 2, 2010.








Appointment of Welder (Non-Competitive/Permanent) Highway Department (Jeffrey E. Kerl)


WHEREAS, a vacancy exists in the position of Welder in the Highway Department; AND

WHEREAS, notice of said vacancy has been posted in accordance with the provisions of the Town's collective bargaining agreement with the Town of Cheektowaga Employees Association; AND

WHEREAS, Jeffrey E. Kerl, currently employed as an Automotive Mechanic in the Highway Department, bid on said vacancy and meets all the necessary qualifications for appointment; AND

WHEREAS, this personnel transaction is predicated on the current incumbent, John J. Staniszewski, retiring and activating his New York State Retirement pension; AND

WHEREAS, failure of the incumbent to retire will void this transaction; NOW, THEREFORE, BE IT

RESOLVED, that Jeffrey E. Kerl of Cheektowaga, New York, be and hereby is appointed to the position of Welder in the Highway Department in accordance with the terms and conditions of the Town's collective bargaining agreement with the Town of Cheektowaga Employees Association effective April 30, 2010.








Travel Authorization (Police Department)


WHEREAS, the 17th Annual CALEO (Canadian American Law Enforcement Organization) Training Symposium is being held May 26 - 28, 2010 in Niagara Falls, Ontario; AND

WHEREAS, Captain David Zack, Lieutenant Michael Isbrandt and Lieutenant Michael Sliwinski have requested authorization to attend said symposium; AND

WHEREAS, Police Chief Christine Ziemba has submitted a request for travel authorization along with the proper paperwork in a timely manner; AND

WHEREAS, the total cost to the Town shall not exceed $1,278; AND

WHEREAS, these expenses have been budgeted by the Police Department; NOW, THEREFORE, BE IT

RESOLVED, that Captain David Zack, Lieutenant Michael Isbrandt and Lieutenant Michael Sliwinski be and hereby are authorized to attend the 17th Annual CALEO (Canadian American Law Enforcement Organization) Training Symposium being held May 26 - 28, 2010 in Niagara Falls, Ontario.








Travel Authorization (Police Department)


WHEREAS, the New York Association of Hostage Negotiators Seminar is being held May 19 - 21, 2010 in Rochester, New York; AND

WHEREAS, Sergeant Thomas Allen, Detective Robert Mullen, Detective Terence Griffin, Detective Joseph Bauman, Police Officer David Filipski, and Police Officer Kurt Spieler have requested authorization to attend said seminar; AND

WHEREAS, Police Chief Christine Ziemba has submitted a request for travel authorization along with the proper paperwork in a timely manner; AND

WHEREAS, the total cost to the Town shall not exceed $2,125; AND

WHEREAS, these expenses have been budgeted by the Police Department; NOW, THEREFORE, BE IT

RESOLVED, that Sergeant Thomas Allen, Detective Robert Mullen, Detective Terence Griffin, Detective Joseph Bauman, Police Officer David Filipski, and Police Officer Kurt Spieler be and hereby are authorized to attend the New York Association of Hostage Negotiators Seminar being held May 19 - 21, 2010 in Rochester, New York.





V. Communications

A. Departmental Communications

1. Supervisor’s Statement of Funds - February 2010

2. Minutes: Town Environmental Advisory Committee - April 7, 2010

3. Minutes: Cheektowaga Public Library Board of Trustees - March 17, 2010

4. Minutes: Cheektowaga Traffic Safety Commission - March 16, 2010

B. General Communications

1. Notice of Claim: Thomas Pawlak Vs. Town of Cheektowaga

2. Notice of Claim: Barbara Oven Vs. Town of Cheektowaga



3. Summons: Citimortgage Inc. Vs. David Allen, Town of Cheektowaga & Etal Premises Address: 20 E Glenwood Court

VI. Comments

A. Supervisor’s Comments

B. Councilmember’s Comments

C. Public Comments

VII. Adjournment

Motion by Supervisor Holtz; Seconded by Councilmember Swiatek to adjourn the meeting. Time meeting ended was 7:16 PM

Alice Magierski

Town Clerk

Documents

I. Call to Order