Town of Tonawanda Board Town Board

Town of Tonawanda BoardTown Board 2919 Delaware Ave

Kenmore, NY 14217

Work Session (716)877-8800

www.tonawanda.ny.us

~ Agenda ~Melissa Brinson

Town Clerk

Monday, March 14, 2011 4:00 PM Town Board - Conference Room

Town of Tonawanda Board Printed 4/27/2011

I. Call to order

Attendee Name Present Absent Late ArrivalSupervisor Anthony Caruana ¨ ¨ ¨Councilman Joseph Emminger ¨ ¨ ¨Councilman Daniel Crangle ¨ ¨ ¨Councilman John Bargnesi ¨ ¨ ¨Councilwoman Lisa Chimera ¨ ¨ ¨

2. Approve Minutes of Town Board Meeting Held February 28, 2011

SUPERVISOR: If no errors or omissions to these minutes have been discovered, I declare them approved as typed and presented.

II. Presentations

1. Presentation 2011-2

Proclamation- Safety Week

ATTACHMENTS:

• safety (PDF)

2. Presentation 2011-3

Proclamation - March 27, 2011 - Exchange Club Day

ATTACHMENTS:

• Exchange Club - 3-27-11 (DOC)

III. Hearings (2)

A. Specially Permitted Use Permit Application for 4630 River Road

TOWN CLERK: This is the time and place to HOLD A HEARING to consider a Specially Permitted Use Permit application submitted by:

GIUSEPPE HOLDINGS, LLC

regarding the development of town homes and boat docks relative to 4630 River Road.

Work Session Agenda March 14, 2011


The Clerk read Notice of Hearing and all interested persons were given an opportunity to be heard.

TOWN CLERK: Please note zero (0) written communications were received by my office regarding this hearing.

THERE APPEARED:

________________ moved to CLOSE THE HEARING.

Seconded by ____________________.

______ayes, ______ nays

1. Resolution RES-2011-254

Motion: APPROVE, DENY or REFER the Request for a Specially Permitted Use Permit by Giuseppe Holdings, LLC, As It Pertains to the Development of Town Homes and Boat Docks at 4630 River Road.

ü Vote Record - Resolution RES-2011-254

¨ Adopted¨ Adopted as Amended¨ Defeated¨ Tabled¨ Withdrawn

Yes/Aye No/Nay Abstain AbsentAnthony Caruana ¨ ¨ ¨ ¨Joseph Emminger ¨ ¨ ¨ ¨ Daniel Crangle ¨ ¨ ¨ ¨ John Bargnesi ¨ ¨ ¨ ¨ Lisa Chimera ¨ ¨ ¨ ¨

B. Special Use Permit Application for 424 Niagara Falls Blvd. - Sweeny’s Garage

This is the time and place to HOLD A HEARING pursuant to Section 202-b of the Town Law to consider a Special Use Permit Application Relative to:

424 NIAGARA FALLS BOULEVARD (SWEENEY'S GARAGE INC.)

for Used Automobile Sales in a "C" General Business Zoning District.

The Clerk read Notice of Hearing and all interested persons were given an opportunity to be heard.

TOWN CLERK: Please note one (1) written communication was received by my office regarding this hearing.

THERE APPEARED:

________________ moved to CLOSE THE HEARING.

Seconded by ______________________.

______ayes, ______ nays


Motion: Issue A Negative Declaration Relative to the Application of Philip Basinski For a Special Use Permit to Add Used Car Sales to an Existing Motor Service Business Located at 424 Niagara Falls Boulevard.

ATTACHMENTS:

• sp (PDF)

• special use (PDF)







MOTION: GRANT the Issuance of a Special Use Permit for Used Automobile Sales for Sweeney’s Garage Inc. in a “C” General Business Zoning District Located at 424 Niagara Falls Boulevard.

ATTACHMENTS:

• letter re424 (PDF)




IV. Received and Filed

1. Bradley Rowles- Resignation

ATTACHMENTS:

• Resignation-BradleyRowles (PDF)

2. Annual Financial Report- Brighton

ATTACHMENTS:

• Annual Financial Report- Brighton No. 5 (PDF)

3. Final Second Program Year Action Plan 2011- CD

ATTACHMENTS:

• Final Second Program Year Action Plan- CD (PDF)

• coverltr (PDF)

V. Resolutions


Motion: Approve and Authorize the Following Attendance Requests for the Police Departments, Youth, Parks and Recreation, Water Resource and Highway Department, as Set Forth in the Agenda Before You.

ATTACHMENTS:

• attendance WR031411 (PDF)







Motion: Approve and Authorize Melissa Brinson, Town Clerk, to Excute and Issue One (1) 2011 Amusement License, as Set Forth in the Agenda Before You.





Motion: Approve Payment of Claim and Claim Expenses as Processed by First Niagara Risk Management -Claim Expense Totaled $368.66.

ATTACHMENTS:

• firstniagara031411 (PDF)





Motion: Approve Hires and Changes of Status and Termination as Submitted by Charles Naughton, Director of Labor Relations, as Set Forth in the Agenda BeforeYou.





Reinstating Michael Fields as Code Enforcement Officer





Further Communication from the Personnel Department Recommending that the Town Board Approve and Authorize the Supervisor to Execute Any and All Documents Relative to Appointments by the Highway Superintendent Pursuant to Section 140 of the Highway Law, as Set Forth in the Agenda Before You.







Motion: Issue Negative Declaration as Determined by the SEQR Committee at Its Meeting Held March 9, 2011 Relative to a Bond Issue in the Amount of $2,400,000 for Job 1887.6 - Municipal Landfill Closure Project -Phase I. This is an Unlisted Action.

ATTACHMENTS:

• SEQR JOB 1887.6 (PDF)





Motion: Adopt a Bond Resolution in the Amount of $2,400,000 Relative to Job 1887.6 - Municipal Landfill Closure Project - Phase I, in the Town of Tonawanda, Erie County, New York, Subject to a Permissive Referendum.

ATTACHMENTS:

• 1887 6FlynnBondResolution (PDF)

• 1887 6BondSummary (PDF)

• legaljob1887001 (PDF)





Communication from Carl Heimiller, Supervising Code Enforcement Officer, Recommending Approval of the Following Temporary Structure Request: 1347 Military Road (Fruit Stand) for a Six (6) Month Period -May - October, 2011. Subject to the Applicant Applying for a Building Permit, Whereby All Applicable Codes and Regulations Would Apply.

ATTACHMENTS:

• 1347 military (PDF)





Motion: Authorize the Supervisor to Sign a Grant Application to New York State Office for the Aging.







Communication from Dan Wiles, Director of Youth, Parks and Recreation Recommending that the Town Board Approve and Authorize the Supervisor to Execute a One (1) Year Agreement (With Two (2) Additional One (1) Year Renewals) with the KenTon Soccer Association.

ATTACHMENTS:

• Kenton Soccer - Agreement 2011 (DOC)





Further Communication from Dan Wiles, Director of Youth, Parks and Recreation Recommending that the Town Board Approve and Authorize the Supervisor to Execute a One (1) Year Agreement (With Two (2) Additional One (1) Year Renewals) with the Town of Tonawanda Aquettes Synchronized Swimming Club.

ATTACHMENTS:

• Aquettes - Agreement 2011 (DOC)





Further Communication from Dan Wiles, Director of Youth, Parks and Recreation, Recommending that the Town Board Approve and Authorize the Supervisor to Execute a One (1) Year Agreement (With Two (2) Additional One (1) Year Renewals) with the Town of Tonawanda Football Association.

ATTACHMENTS:

• TTFA - Agreement 2011 (DOC)





Further Communication from Dan Wiles, Director of Youth, Parks and Recreation, Recommending that the Town Board Approve and Authorize the Supervisor to Execute a One (1) Year Agreement (With Two (2) Additional One (1) Year Renewals) with the Town of Tonawanda Titans Swim Club.



ATTACHMENTS:

• Titans - Agreement 2011 (DOC)





Communication from Chief of Police, Anthony Palombo, Requesting that the Town Board Approve and Authorize the Supervisor to Sign a Letter of Indemnification by and Between the Town of Tonawanda and Erie County as Required by Erie County Relative to the Town's Use of the County Highway Facility Located at 1870 Military Road for the Purpose of Conducting Commercial Motor Vehicle Inspection Operations from January 1, 2011 through December 31, 2011.

ATTACHMENTS:

• 187 MILITARY (PDF)





Communications from Dan Wiles, Director of Youth, Parks and Recreation, Requesting that the Town Board Approve and Authorize the Purchase of One (1) John Deere 8700 Precision Cut Fairway Mower and Two (2) John Deere 1445 Series II Commercial Front Mowers from Cazenovia Equipment Co., Inc., 809 East Genesee Street, Chittenango, N.Y. 13037 in the Amounts of $28,000 and $26,000 Respectively Under NYS Contract.





Motion: Engage the Professional Services of Tredo Engineers to Provide Engineering Services Associated with Job 2869- Structural Repairs at 1835 Sheridan Drive at a Cost of $1,800.00, and that the Supervisor be Authorized to Execute Any Documents in Connection Therewith.

ATTACHMENTS:

• job2869repairs001 (PDF)







Communication from Kenneth F. Maving, Chief Operator of Water Resources Department, Recommending the Approval of a One (1) Year Contracts Extension through March 14, 2012 as Set Forth in the Agenda Before You.

ATTACHMENTS:

• contractws (PDF)





Communication from Brad Rowles, Superintendent of Highways, Recommending the Town Board Award the Bid for Two (2) 2011, or Newer, Freightliner M2-112 Tri-Axle Cab & Chassis with Thirty-Two (32) Cubic Yard, High Compaction, High Pressure Hydraulic System Rear Loading, Non-Elevating Type Completely Enclosed Garbage and Ash Packer Bodies, Dura Pack Formula (DPF) 5000, or Equal to Kenworth of Buffalo, Inc., at a Cost of $367,094.00 to be Paid Out of the Recycling Equipment Capital Reserve Fund.

ATTACHMENTS:

• kenworth (PDF)





Communication from Kenneth Maving, Chief Operator of Water Resources Department Requesting the Town Board Award Bids for Liquid Alum, Sodium Silico Fluoride, Hydrated Lime, and Pulverized Limestone, as Set Forth in the Agenda Before You.

ATTACHMENTS:

• chem001 (PDF)





Communication from Michael Kaiser, Director of the Technical Support Department, Requesting that the Town Board CALL FOR BIDS Returnable April 5, 2011 at 3:30 PM in the Council Chambers for JOB 2873 -SIDEWALK, LANDSCAPING & PAVEMENT RESTORATION - WATER & SEWER - 2011.

ATTACHMENTS:

• call for bid 2873 notice (DOC)

• job2873001 (PDF)







Further Communication from Michael Kaiser, Director of the Technical Support Department Requesting that the Town Board CALL FOR BIDS Returnable April 5, 2011 at 3:30 PM in the Council Chambers for JOB 2872 - Youth, Parks & Recreation Concrete Replacement - 2011.

ATTACHMENTS:

• cfb notice job 2872 (PDF)

• job2872001 (PDF)




VI. Building/Electrical Permits27 BUILDING PERMIT APPLICATIONS for the period ending March 8, 2011.

Total Valuation: $261,900.00

26 ELECTRICAL PERMIT APPLICATIONS for the period ending March 8, 2011.

Total Fees: $3,110.00

VII. Further Town Board Action Items

VIII. Town Board Information for the Public

IX. Adjourn to Executive Session_________ moved an Executive Session be convened today, March 14, 2011 immediately following the Town Board Work Session in the Council Chambers to discuss __________.

Seconded by ________.

Carried _______ ayes / _______ nays.

The meeting closed at ________ PM.

X. Adjourn to the Town Board Meeting Scheduled Today, Monday, March 14, 2011 at 7:30 PM in the Council Chambers_________ moved to adjourn the Work Session of the Town Board to the Meeting of Today, Monday, March 14, 2011 at 7:30 PM in the Council Chambers.

Seconded by ________.

Carried _______ ayes / _______ nays.



The meeting closed at _____ PM.

____________________________Melissa Brinson, Town ClerkTown of Tonawanda, New York

Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Town Clerk

Kenmore, NY 14217 Category: ProclamationPrepared By: Michelle Sperandeo

SCHEDULED Initiator: Melissa BrinsonSponsors:

PRESENTATION 2011-2 DOC ID: 6118

Updated: 3/9/2011 1:14 PM by Michelle Sperandeo Page 1

Proclamation- Safety Week

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Supervisor’s Office

Kenmore, NY 14217 Category: ProclamationPrepared By: Rachell DiCarlo

SCHEDULED Initiator: Rachell DiCarloSponsors: Supervisor Anthony Caruana

PRESENTATION 2011-3 DOC ID: 6123

Updated: 4/25/2011 4:24 PM by Jessica Lawrence Page 1



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PROCLAMATION

WHEREAS, The National Exchange Club together with the Erie Niagara Sunrise Exchange Club and Exchange Clubs all over the country will be celebrating their 100th

Anniversary in 2011;

WHEREAS, the Erie Niagara Sunrise Exchange Club is a service organization with members from both Erie and Niagara County who are dedicated to making communities better places to live; and

WHEREAS, the main focus of the Erie Niagara Sunrise Exchange Club is to sponsor a wide range of activities to improve our communities, help the disadvantaged and encourage good American citizenship; and

WHEREAS, the principal areas of Exchange’s National Program of service are, Youth, Americanism, Community Service and their national project, Child Abuse Prevention; and

WHEREAS, the Erie Niagara Sunrise Exchange Club supports communities through other various programs, such as service to seniors, honoring youth, furthering patriotism, donating to organizations who help the less fortunate, placement and dedication of Freedom Shrines in public buildings, and honoring good deed doers who would not otherwise be recognized; and

WHEREAS, the Town Board wishes to recognize the role that the Erie Niagara SunriseExchange Club plays in our town in exemplifying their moto “Unity for Service.”

NOW, THEREFORE, I, ANTHONY F. CARUANA, SUPERVISOR OF THE TOWN OF TONAWANDA ON BEHALF OF THE TOWN BOARD AND RESIDENTS OF OUR TOWN, DO HEREBY CONGRATULATE THE ENCHANGE CLUBS ALL OVER THE COUNTRY ON THEIR 100thANNIVERSARY AND FURTHER PROCLAIM MARCH 27, 2011 AS “THE NATIONAL EXCHANGE CLUB AND THE ERIE NIAGARA SUNRISE EXCHANGE CLUB DAY” IN THE TOWN OF TONAWANDA AND I ALSO HEREBY EXTEND OUR BEST WISHES FOR CONTINUED GROWTH AND SUCCESS TO THE MEMBERS OF THIS OUTSTANDING ORGANIZATION AS THEY CONTINUE TO MAKE MEANINGFUL CONTRIBUTIONS TO OUR QUALITY OF LIFE.

ANTHONY F. CARUANA, SUPERVISORTOWN OF TONAWANDA

Dated: March 14, 2011

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Kenmore, NY 14217

TABLED

RESOLUTION 2011-254 DOC ID: 6075Melissa Brinson

Page 1

Motion: APPROVE, DENY or REFER the Request for a Specially Permitted Use Permit by Giuseppe Holdings, LLC, As It Pertains to the Development of Town Homes and Boat

Docks at 4630 River Road.

WHEREAS, Giuseppe Holdings, LLC has submitted an application for a SPECIALLY PERMITTED USE PERMIT for the development of town homes and boat docks at 4630 River Road; and

WHEREAS, said petitioner has complied in every respect with the requirements of Article XIV of Local Law 4-82 as amended, a Local Law to Regulate Zoning, and a public hearing was opened on the 28th day of February, 2011 and has remained open until the meeting of the 25th day of April, 2011, at which time and place all interested persons were given an opportunity to be heard;

NOW, THEREFORE, BE IT RESOLVED, this Town Board, after consideration of all the interests of the community and of the Town as a whole, does hereby determine that a SPECIALLY PERMITTED USE PERMIT shall be ISSUED/DENIED to Giuseppe Holdings, LLC; and

BE IT FURTHER RESOLVED, the Supervisor be and hereby is authorized to execute any and all documents necessary to bring this matter to a conclusion; and

BE IT FURTHER RESOLVED, the Town Attorney be and hereby is further authorized to record any and all documents in the Erie County Clerk's Office, the fee for which the Applicant shall be responsible; and

BE IT FURTHER RESOLVED, the application and all other documents and evidence submitted with said application shall be filed with the Supervising Building Inspector, and the applicant shall be notified of this determination.

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Attorney

Kenmore, NY 14217

ADOPTED


Page 1

Motion: Issue A Negative Declaration Relative to the Application of Philip Basinski For a Special Use Permit to

Add Used Car Sales to an Existing Motor Service Business Located at 424 Niagara Falls Boulevard.

WHEREAS, pursuant to Local Law 3-89, the Town Board of the Town of Tonawanda, as lead agency, caused the Environmental Assessment Form (EAF) completed by Philip Basinski and all other relevant data, to be referred to the Town of Tonawanda SEQRA Committee for review and recommendation; and

WHEREAS, the Town Board of the Town of Tonawanda, as lead agency, has conducted its own independent review of the EAF and all other relevant data furnished by the Applicant, and also reviewed the minutes of the SEQRA Committee meeting held on February 9, 2011, in which the SEQRA Committee recommended to the Town Board, as lead agency, that the proposed action is an unlisted activity which will not have a significant adverse impact on the environment and that a negative declaration should be issued; and

WHEREAS, the Town Board, as lead agency, has applied the criteria listed in 6 NYCRR 617.7 to this action and considering all the relevant documentation and information submitted, determines that this action will not have a significant adverse impact on the environment; and

WHEREAS, the Town Board of the Town of Tonawanda, as lead agency, concurs with the recommendation of the SEQRA Committee;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Tonawanda, as lead agency, for the SEQRA review of the proposed action hereby issues a negative declaration in connection with this activity; and

BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute any necessary documents relating to an issuance of a negative declaration of significance.

HISTORY:

02/28/11 Town Board TABLEDNext: 03/14/11

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Kenmore, NY 14217

ADOPTED


Page 1

MOTION: GRANT the Issuance of a Special Use Permit for Used Automobile Sales for Sweeney’s Garage Inc. in a “C” General Business Zoning District Located at 424 Niagara

Falls Boulevard.

WHEREAS, Sweeney's Garage Inc. has submitted an application for a SPECIAL USE PERMIT for Used Automobile Sales in a "C" General Business Zoning District located at 424 Niagara Falls Boulevard; and

WHEREAS, said petitioner has complied in every respect with the requirements of Article XIV of Local Law 4-82 as amended, a Local Law to Regulate Zoning, and a public hearing was held on the 14th day of March, 2011 at which time and place all interested persons were given an opportunity to be heard;

NOW, THEREFORE, BE IT RESOLVED, that this Town Board, after consideration of all the interests of the community and of the Town as a whole, does hereby determine that a SPECIAL USE PERMIT shall be ISSUED to Sweeney's Garage Inc. to permit Used Automobile Sales in a "C" General Business Zoning District located at 424 Niagara Falls Boulevard; and further in accordance with the following conditions:

1. The applicant must posses a current NYS Dept. of Motor Vehicles Official Business Certificate as a used car dealer.

2. Hours of operation shall be from 8:00 A.M. to 5:00 P.M. Monday through Friday, and 8:00 A.M. to 5:00 PM Saturday.

3. The selling of used car vehicles shall be subordinate to the primary business of auto repair which is conducted on the site.

4. The property must be in an orderly arrangement and well maintained.

5. The quantity of used passenger cars shall not exceed four (4) cars total on the property with locations as shown on the drawing submitted with the application.

6. The area utilized for the sale of used cars must be asphalt or concrete paved and properly drained.

7. The spaces utilized for the vehicles for sale shall be outlined with 3” wide white or yellow striping.

8. All vehicles for sale must be in state of good condition and repair and pass NYS inspection.

9. The total number of vehicles parked on site, including those for sale, shall not exceed seven (7) and shall be located as shown on the drainage drawing submitted with the application.

10. There shall be no signs nor interior messages affixed to the vehicles or on the premises on the subject of used cars which imply vehicle sale.

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11. No banners, streamers, pennants, flags, strings of lights, strobe lights, nor any other moveable advertising devices shall be permitted on vehicle sale.

12. Lighting of the used car display area shall be limited to hours of operation. All pole and elevated lights on the premises shall point directly downward.

13. No unlicensed vehicles, excluding those for sale, shall be located on the premises and none shall remain longer than two (2) weeks.

14. No vehicle shall be parked on the public right-of-way.

15. The Special Use Permit will not be transferable to any subsequent owner.

16. The Special Use Permit shall be issued for a period of one year and subject to annual renewal.

and be it further

RESOLVED, that the Supervisor be and hereby is authorized to execute any and all documents necessary to bring this matter to a conclusion; and be it further

RESOLVED, that the application and all other documents and evidence submitted with said application shall be filed with the Supervising Building Inspector, and the applicant shall be notified of this determination.

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Kenmore, NY 14217

ADOPTED


Page 1

Motion: Approve and Authorize the Following Attendance Requests for the Police Departments, Youth, Parks and

Recreation, Water Resource and Highway Department, as Set Forth in the Agenda Before You.

BE IT RESOLVED, this Town Board does hereby approve and authorize the following ATTENDANCE AND TRAINING SEMINAR AUTHORIZATION requests as follows:

POLICE (Res. 6091)

1. OSHA Compliance 2011 Workshop

Attendee: Paramedic Christopher St. PeterLocation: Hyatt Regency Hotel

Two Fountain PlazaBuffalo, NY

Date: April 6, 2011Cost: $199.00 +Additional Information: Up to date standards, rules and regulations to ensure OSHAcompliance and employee safety in the work environment will be covered. Requestingreimbursement for lunch, and use of a department vehicle for transportation.

2. Canine Decoy Seminar Sponsored by K9 Guardian, Inc. & Niagara Regional Police

Attendees: K9 Officer Brent Costello and Police Officer Ryan TaberLocation: Ontario, CanadaDate: May 2 - 5, 2011Cost: $790.00Additional Information: Areas to be covered include: Bite Sleeve, K9 Behavior Analysis,Understanding the Drive Triangle, Understanding how K9's communicate with each other, Body Language and how to properly communicate it, addressing your K9 opponent, Recognizing Stress and Safety Issues. A department vehicle will be used for transportation.

YOUTH, PARKS, and RECRECREATION (Res.6076)

3. Shrine Circus

Attendees: Dennis McDonald, Recreation Coordinator and six (6) part-timeSupervisors from Kenmore Youth Center

Location: 5600 McKinley Pkwy.Hamburg, NY 14075

Date: March 17, 2011 (6pm to 11pm)Cost: N/A Total: N/AAdditional Information: All costs will be covered by the Kenmore Youth Center membership fees. Use of a Town vehicle is requested for staff.

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WATER RESOURCES DEPARTMENT - WATER & SEWER MAINTENANCE DIVISION (Res.6095)

4. Dig Safely

Attendees: Gary Rende Employee No. 627Timothy Langenfeld Employee No. 4946Brett Rainey Employee No. 1169

Location: Hearthstone Manor; Depew, NYDate: March 15, 2011Cost: FreeAdditional Information: Town vehicle to be used

5. Cross Connection Control Program

Attendee: Brett Rainey Employee No. 1169Location: Monroe Community College

Rochester, New YorkDate: April 18 - 21, 2011Cost: $1,000Additional Information: Town vehicle to be used

WATER RESOURCES DEPARTMENT - WASTEWATER TREATMENT DIVISION (Res.6095)

6. Basic Operations Course

Attendee: Thomas Todaro Employee No. 5981Location: State University College at Buffalo

Buffalo, New YorkDate: March 21, 2011 - April 1, 2011Cost: $900

HIGHWAY (Res.6112)

7. Preparing for the Emerald Ash Borer: Does Your Community Have a Tree Inventory?

Attendees: Jack Schifferli, Forestry Crew Chief, & One (1) Tree TrimmerLocation: Genesee County Building II, 3837 West Main Street Road

Batavia, NY 14020Date: March 22, 2011 Cost: $0.00 Total: $0.00Additional Information: A Town vehicle will be used

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Kenmore, NY 14217

ADOPTED


Page 1

Motion: Approve and Authorize Melissa Brinson, Town Clerk, to Excute and Issue One (1) 2011 Amusement License, as Set

Forth in the Agenda Before You.

BE IT RESOLVED, that the Town Board does hereby approve the following 2011 Amusement License Applications as follows:

License Number:

16. Dooley's Bar & Grill850 Englewood Ave Tonawanda, NY 14223

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Kenmore, NY 14217

ADOPTED


Page 1

Motion: Approve Payment of Claim and Claim Expenses as Processed by First Niagara Risk Management - Claim

Expense Totaled $368.66.

BE IT RESOLVED, this Town Board does hereby approve the payment of claims and claim expenses as processed by First Niagara Risk Management, Inc. as follows:

1. Claimant: Ginnette Horan Pay to: Counsel Press LLC Mail to: Counsel Press LLC

SDS-12-2802PO Box 86Minneapolis, MN 55486-2802

Payment Control No. 1642Accident Date: 02/14/2005Payment Amount: $368.66

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Personnel

Kenmore, NY 14217

ADOPTED


Page 1

Motion: Approve Hires and Changes of Status and Termination as Submitted by Charles Naughton, Director of

Labor Relations, as Set Forth in the Agenda BeforeYou.

HIRE:

PERSONNEL /LABOR RELATIONS DEPARTMENT

Confidential Secretary to the Director of Labor Relations F/T at $29,615 annually, Eff. 3/15/11

Nicole Cannarozzo

REASON: To fill a vacancy for the Confidential Secretary position.

CHANGES OF STATUS:

YOUTH. PARKS & RECREATIONS DEPARTMENT

Scott Boivin Employee #: 1285

FROM: TO: Eff. 3/24/11Working Crew Chief Greenskeeper $65,205 annually $67,663 annually

REASON: Due to realignment of duties after the retirement of Gary Raszewski.

Jessica Nowak Emp. #4282

FROM: TO: Eff. 3/24/11Recreation Attendant B Recreation Attendant AA $49,686 annually $52,555 annually

REASON: Due to realignment of duties after the retirement of Bruce Ruark.

Shawn Tracey Emp. # 2595

FROM: TO: Eff. 3/24/11Maintenance Worker A Maintenance Worker AA $23.46 per hour $23.94 per hour

REASON: Due to realignment of duties after the retirement of Gary Raszewski.

Brian Busch Emp # 1288

FROM: TO: Eff. 3/24/11Maintenance Worker A Maintenance Worker AA$23.46 per hour $23.94 per hour

REASON: Due to realignment of duties after the retirements of Gary Raszewski and Tom

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Carter.

Tom Beck Emp. #863


REASON: Due to realignment of duties after the retirements of Gary Raszewski and Tom Carter.

Marc Incorvaia Emp. # 2148



Dave Catalano Emp. # 5109

FROM: TO: Eff. 3/24/11Laborer A Maintenance Worker B $22.20 per hour $23.51 per hour

REASON: Due to realignment of duties after the retirement of Tom Carter.

Kurt Mommertz Emp. # 5674

FROM: TO: Eff. 3/24/11Laborer D Auto Mechanic B$16.84 per hour $24.14 per hour

REASON: Replace position created by the retirement of Tom Farmer.

Martin Salerno Emp. #5858

FROM: TO: Eff. 3/24/11Laborer C Maintenance Worker B$18.38 per hour $22.51 per hour


Greg Pfeiffer Emp. # 6182

FROM: TO: Eff. 3/24/11Laborer D Maintenance Worker B$16.84 per hour $22.51 per hour


Mary Jo Conrad Emp. # 928

FROM: TO: Eff. 3/24/11

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Recreation Attendant B Recreation Attendant A$49,686 annually $51,473 annually


Sheila Csicseri Emp. # 3005

FROM: TO: Eff. 3/24/11Recreation Attendant A Recreation Attendant AA$54,506.00 annually $55,587 annually


TERMINATION:

WATER RESOURCES DEPT/WASTEWATER DIV

Joseph A. Leggett Wastewater Treatment Plant Operator C (Probationary)

REASON: Mr. Leggett declined this appointment.

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Kenmore, NY 14217

ADOPTED

RESOLUTION 2011-218 DOC ID: 6121 BMelissa Brinson

Page 1

Reinstating Michael Fields as Code Enforcement Officer

WHEREAS on August 24, 2010, Code Enforcement Officer Michael Fields was suspended

without pay and subsequently terminated by the Town Board on October 4, 2010, from his employment

as a Code Enforcement Officer for Disciplinary reasons; and

WHEREAS, The Town of Tonawanda Salaried Workers Association filed a grievance contesting

the Town’s termination of Michael Fields; and

WHEREAS, hearings were held on December 14 and December 30, 2010, in Tonawanda, New

York before an Arbitrator; and

WHEREAS, after the conclusion of the hearings the Arbitrator rendered a Decision and Award

dated February 28, 2011; and

WHEREAS, the Arbitrator found that Michael Fields was guilty of serious offenses; and

WHEREAS, the Arbitrator substituted his judgment for that of the Town Board and modified the

penalty of termination to a period of unpaid suspension, which is to end when Michael Fields is restored

to his position on a last chance basis within 14 calendar days of the date of this Award; and

WHEREAS, the Town does not agree with this Decision and Award and reaffirms its commitment

to its anti-discrimination and anti-harassment policy, computer use policy and limits the use of the Town

computer system to Town purposes only;

NOW THEREFORE, in compliance with the Award of the Arbitrator, the Town Board does hereby:

1. On a LAST CHANCE basis, reinstate Michael Fields to the position of Code Enforcement Officer in the Community Development Department at his previous Job Group and Step effective March 14, 2011.

2. The period of time between August 24, 2010 and March 14, 2011, shall be considered an unpaid suspension.

3. This reinstatement is on a “last chance” basis.

4. As permitted by the arbitration award, such reinstatement is further conditioned on the requirement that Michael Fields undergo mandatory counseling as provided in the arbitration award, and provide proof of same for at least a period of one year. If Michael Fields has not yet done so, he shall contact the Town’s Employee Assistance Plan (“EAP”) provider, Employee Resources, Inc., for purposes of supervising and monitoring his compliance with required counseling and Michael Fields shall execute any and all releases necessary to allow the Town to monitor his compliance with this counseling.

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Kenmore, NY 14217

ADOPTED


Page 1

Further Communication from the Personnel Department Recommending that the Town Board Approve and Authorize the Supervisor to Execute Any and All Documents Relative to

Appointments by the Highway Superintendent Pursuant to Section 140 of the Highway Law, as Set Forth in the Agenda

Before You.

HIGHWAY DEPARTMENT

Nicholas San George Emp. #6020

FROM: TO: EFF. 3/24/11Laborer A P/T Laborer D F/T$8.54 per hour $16.84 per hour

REASON: Part-time to full-time status. To fill the vacancy created by the retirementof Charles Hallifax.

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Kenmore, NY 14217

ADOPTED


Page 1

Motion: Issue Negative Declaration as Determined by the SEQR Committee at Its Meeting Held March 9, 2011 Relative to a Bond Issue in the Amount of $2,400,000 for Job 1887.6 -

Municipal Landfill Closure Project - Phase I. This is an Unlisted Action.

WHEREAS, pursuant to Local Law 3-89, the Town Board of the Town of Tonawanda is the Lead Agency in connection with the SEQRA review of the Project; and

WHEREAS, pursuant to Local Law 3-89, the Town Board of the Town of Tonawanda, as lead

agency, caused the Environmental Assessment Short Form (EAF) completed by Michael Kaiser, Director of the Technical Support Department, and all other relevant data, to be referred to the Town of Tonawanda SEQR Committee for review and recommendation; and

WHEREAS, the Town Board of the Town of Tonawanda, as lead agency, has conducted its own independent review of the EAF and all other relevant data furnished by the Technical Support Department, and also reviewed the minutes of the SEQR Committee meeting held on March 9, 2011 in which the SEQR Committee has recommended to the Town Board, as lead agency, that the bond issue for the Project is an unlisted action which will not have a significant impact on the environment and, therefore, a negative declaration should be issued; and

WHEREAS, the Town Board, as lead agency, has applied the criteria listed in Section 6l7.7(c) of Part 6l7 of the N.Y.C.R.R. to this activity and considering all the relevant documentation and information submitted, determines that this activity will not have a significant impact on the environment; and

WHEREAS, the Town Board of the Town of Tonawanda, as lead agency, concurs with the recommendation of the SEQR Committee;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Tonawanda, as lead agency, for the SEQRA review of the bond issue for the Project, hereby issues a negative declaration in connection with this activity; and

BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute any necessary documents relating to an issuance of a negative declaration of significance.

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Kenmore, NY 14217

ADOPTED


Page 1

Motion: Adopt a Bond Resolution in the Amount of $2,400,000 Relative to Job 1887.6 - Municipal Landfill Closure

Project - Phase I, in the Town of Tonawanda, Erie County, New York, Subject to a Permissive Referendum.

At a regular meeting of the Town Board of the Town of Tonawanda, Erie County, New York, held at the Municipal Building, 2919 Delaware Avenue, in Kenmore, New York, on March 14,2011, at 7:30 P.M., Prevailing Time.

The meeting was called to order by Supervisor Caruana, and upon roll being called, the following were

PRESENT:

Anthony F. Caruana SupervisorDaniel J. Crangle CouncilmanLisa M. Chimera CouncilmanJoseph H. Emminger Councilman

ABSENT: John A. Bargnesi, Jr. Councilman

The following resolution was offered by Councilman Crangle ,who moved its adoption, seconded by Councilman Emminger , to-wit:

A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,400,000 SERIAL BONDS OF THE TOWN OF TONAWANDA, ERIE COUNTY, NEW YORK, TO PAY COSTS OF THE MUNICIPAL LANDFILL CLOSURE PROJECT - PHASE I CONSISTING OF THE ADMINISTRATION, ENVIRONMENTAL CONTROLS, ENGINEERING, CONSTRUCTION AND INSPECTION FOR PHASE I FINAL COVER CONSTRUCTION AT THE TOWN OF TONAWANDA LANDFILL (JOB NO. 1887.6) IN THE TOWN OF TONAWANDA, ERIE COUNTY, NEW YORK

WHEREAS, the Town of Tonawanda, Erie County, New York desires to undertake the capital project hereinafter described; and

WHEREAS, such capital project has been determined to be an unlisted action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, and therefore is not subject to environmental review under SEQRA and does not require a determination of significance, an Environmental Impact Statement, or a findings statement (Regulations, §617.3(f); 617.5(a)); and

WHEREAS, it is now desired to provide funding for such capital project;

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NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Tonawanda, Erie County, New York as follows:

Section 1. For the specific object or purpose of paying the costs of a project consisting of the Phase I Final Cover Construction at the Town of Tonawanda Landfill (Job No. 1887.6) in the Town of Tonawanda, Erie County, New York, including engineering and administrative costs, environmental controls, inspection and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $2,400,000 serial bonds of said Town pursuant to the Local Finance Law.

Section 2. It is hereby determined that the maximum estimated cost of said specific object or purpose is $3,800,000, and that the plan for the financing of the aforesaid specific purpose is by application of $1,400,000 from the Landfill Closure Capital Reserve Fund and the issuance of the $2,400,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty (20) years, pursuant to subdivision 6-b of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

Section 5. The faith and credit of said Town of Tonawanda, Erie County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year.

Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Tonawanda, Erie County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk.

Section 7. The power and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obligated to see to the application of the purchase money.

Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain

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such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Supervisor shall determine.

Section 9. The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and/or notes without resorting to further action of this Town Board.

Section 10. The validity of such bonds and bond anticipation notes may be contested only if:

1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money; or

2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3. Such obligations are authorized in violation of the provisions of the Constitution.

Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 12. This resolution, which takes effect immediately, is subject to a permissive referendum and shall be published in full in The Ken-Ton Bee, a newspaper having general circulation in said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81 of the Local Finance Law.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Anthony F. Caruana, VOTING AyeSupervisor

Daniel J. Crangle, VOTING AyeCouncilman

Lisa M. Chimera, VOTING AyeCouncilman

Joseph H. Emminger, VOTING AyeCouncilman

John A. Bargnesi, Jr., VOTING Absent Councilman

The resolution was thereupon declared duly adopted by a vote of Four (4) ayes and No (0) nays.

* * * * *

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STATE OF NEW YORK )) ss:

COUNTY OF ERIE )

I, the undersigned Clerk of the Town of Tonawanda, Erie County, New York, DO HEREBY CERTIFY:

That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on March 14, 2011, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same related to the subject matters therein referred to.

I FURTHER CERTIFY that all members of the Board had due notice of said meeting.

I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public.

I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows:

Newspapers and/or other news media Date given

Buffalo News - Attn: City Desk January 4, 2011Buffalo News - Kenmore OfficeTonawanda Publishing - Attn: Editorial DepartmentKen-Ton Bee - Attn: Editorial DepartmentTV Channels 2, 4 and 7Radio: WNED, WBEN, WGR

I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused public notice of thetime and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates:

Designated Location(s)of posted notice Date of posting

Town Clerk’s Bulletin Board January 4, 2011First Floor - 2919 Delaware AvenueKenmore, NY 14217

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town, on March 15, 2011.

Melissa Brinson, Town ClerkTown of Tonawanda

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Building

Kenmore, NY 14217

ADOPTED

RESOLUTION 2011-222 DOC ID: 6117 AMelissa Brinson

Page 1

Communication from Carl Heimiller, Supervising Code Enforcement Officer, Recommending Approval of the

Following Temporary Structure Request: 1347 Military Road (Fruit Stand) for a Six (6) Month Period - May - October, 2011.

Subject to the Applicant Applying for a Building Permit, Whereby All Applicable Codes and Regulations Would Apply.

BE IT RESOLVED, that this Town Board does hereby approve the following request for a TEMPORARY STRUCTURE as approved by the Supervising Building Inspector, subject to the applicant applying for a Building Permit, whereby all applicable codes and regulations would apply:

1347 MILITARY ROAD - FRUIT STAND for a six-month period May through October 2011.

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Youth, Parks & Recreation

Kenmore, NY 14217

ADOPTED


Page 1

Motion: Authorize the Supervisor to Sign a Grant Application to New York State Office for the Aging.

WHEREAS, State Senator Michael Razenhofer has secured grant monies in the amount of $10,000 through the New York State Office for the Aging to purchase equipment for the Town’s Senior Center,

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 New York State Office for the Aging for the purpose of securing this grant, and

BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and directed to execute all documents pertaining to the application and acquisition of said funding.

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Kenmore, NY 14217

ADOPTED


Page 1

Communication from Dan Wiles, Director of Youth, Parks and Recreation Recommending that the Town Board Approve and

Authorize the Supervisor to Execute a One (1) Year Agreement (With Two (2) Additional One (1) Year Renewals)

with the KenTon Soccer Association.

BE IT RESOLVED, that this Town Board does hereby approve and authorize the Supervisor to

execute an one (1) Year Agreement (with two (2) additional one (1) year renewals) with the KenTon

Soccer Association, a non-profit 503 (c) corporation with its principal office located at P.O. Box 701,

Kenmore, New York 14217.

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Kenmore, NY 14217

ADOPTED


Page 1

Further Communication from Dan Wiles, Director of Youth, Parks and Recreation Recommending that the Town Board Approve and Authorize the Supervisor to Execute a One (1)

Year Agreement (With Two (2) Additional One (1) Year Renewals) with the Town of Tonawanda Aquettes

Synchronized Swimming Club.


execute a one (1) Year Agreement (with two (2) additional one (1) year renewals) with the Town of

Tonawanda Aquettes Synchronized Swimming Club, a non-profit 503(c) corporation with its principal

office located at 212 Lowell Road, Kenmore, New York 14217.

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Kenmore, NY 14217

ADOPTED


Page 1

Further Communication from Dan Wiles, Director of Youth, Parks and Recreation, Recommending that the Town Board Approve and Authorize the Supervisor to Execute a One (1)

Year Agreement (With Two (2) Additional One (1) Year Renewals) with the Town of Tonawanda Football Association.


execute a one (1) year agreement (with two (2) additional one (1) year renewals) with the Town of

Tonawanda Football Association, a non-profit 503(c) corporation with its principal office located at 316

Athens Blvd., Tonawanda, New York 14223.

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Kenmore, NY 14217

ADOPTED


Page 1

Further Communication from Dan Wiles, Director of Youth, Parks and Recreation, Recommending that the Town Board Approve and Authorize the Supervisor to Execute a One (1)

Year Agreement (With Two (2) Additional One (1) Year Renewals) with the Town of Tonawanda Titans Swim Club.


execute a one (1) Year Agreement (with two (2) additional one (1) year renewals) with the Town of

Tonawanda Titans Swim Club, a non-profit 503(c) corporation with its principal office located at 163

Abbington Avenue, Buffalo, New York 14223.

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Kenmore, NY 14217

ADOPTED


Page 1

Communication from Chief of Police, Anthony Palombo, Requesting that the Town Board Approve and Authorize the

Supervisor to Sign a Letter of Indemnification by and Between the Town of Tonawanda and Erie County as

Required by Erie County Relative to the Town's Use of the County Highway Facility Located at 1870 Military Road for

the Purpose of Conducting Commercial Motor Vehicle Inspection Operations from January 1, 2011 through

December 31, 2011.

BE IT RESOLVED, that this Town Board does hereby approve and authorize the Supervisor to sign a Letter of Indemnification on behalf of the Town of Tonawanda, as required by Erie County, relative to the Town's use of the County Highway Facility located at 1870 Military Road for the purpose of conducting Commercial Motor Vehicle Inspection Operations by the Town Police Department for the period January 1, 2011 through December 31, 2011.

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Kenmore, NY 14217

ADOPTED


Page 1

Communications from Dan Wiles, Director of Youth, Parks and Recreation, Requesting that the Town Board Approve and Authorize the Purchase of One (1) John Deere 8700

Precision Cut Fairway Mower and Two (2) John Deere 1445 Series II Commercial Front Mowers from Cazenovia

Equipment Co., Inc., 809 East Genesee Street, Chittenango, N.Y. 13037 in the Amounts of $28,000 and $26,000

Respectively Under NYS Contract.

BE IT RESOLVED, that this Town Board does hereby approve and authorize the Youth, Parks

and Recreation Department to purchase one (1) John Deere Model 8700 Precision Cut Fairway Mower

and Two (2) John Deere 1445 Series II Commercial Front Mowers from Cazenovia Equipment Co., Inc.,

809 East Genesee Street, Chittenango, N.Y. 13037 in the amount of $28,000 and $26,000 respectively

under NYS contract as follows:

John Deere Model 8700 Precision Cut Fairway Mower

NYS Contract #: PC64361

Price: $44,489.00

Delivery: $ 240.00

Total: $44,729.00

Trade-in: $ 7,729.00 LF 4675

Trade-in: $ 9,000.00 LF 4677

Adj. Total: $28,000.00

Two (2) John Deere 1445 Series II Commercial Front Mowers

NYS Contract # PC64361

Price for two: $36,214.00

Delivery for two: $ 480.00

Total: $36,694.00

Trade-in : $ 6,694.00 JD 1420 with 72” deck

Trade-in: $ 4,000.00 Jacobsen 422D

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Adj. Total: $26,000.00

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Technical Support

Kenmore, NY 14217

ADOPTED


Page 1

Motion: Engage the Professional Services of Tredo Engineers to Provide Engineering Services Associated with

Job 2869- Structural Repairs at 1835 Sheridan Drive at a Cost of $1,800.00, and that the Supervisor be Authorized to

Execute Any Documents in Connection Therewith.

WHEREAS, Requests for Proposals were issued for:

JOB 2869 - STRUCTURAL REPAIRS at 1835 SHERIDAN DRIVE; and

WHEREAS, two (2) proposals were received at the time and place mentioned in the Request for Proposal with the results as shown below:

Tredo Engineers $1,800.00Abate Associates $5,250.00

and

WHEREAS, the proposal was reviewed, and it is recommended that Tredo Engineers, 85 RiverRock Drive - Suite 101, Buffalo, New York 14207 be accepted at $1,800.00 for JOB 2869 -STRUCTURAL REPAIRS at 1835 SHERIDAN DRIVE; and

WHEREAS, the funding for this project will come from budgeted funds.

NOW, THEREFORE, BE IT RESOLVED, that this Town Board does hereby approve and authorize the retention of Tredo Engineers for engineering services to prepare plans and specifications; and be it further

RESOLVED, that the Supervisor be and hereby is authorized to execute any and all documents in connection therewith.

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Water Resources

Kenmore, NY 14217

ADOPTED


Page 1

Communication from Kenneth F. Maving, Chief Operator of Water Resources Department, Recommending the Approval

of a One (1) Year Contracts Extension through March 14, 2012 as Set Forth in the Agenda Before You.

BE IT RESOLVED, that the Town Board does hereby accept the extension of Bid Contracts for an additional one (1) year period through March 14, 2012 as follows,

Grinder Pump Rehabilitation Item CostFluid Kinetics, Inc Group A-Recondition & Repair $36,100.00

251 Thorn Avenue Group B-Panels, Boxes, Switches $18,310.60 P.O. Box 655 Group C-Myers Parts $60,632.68 Orchard Park, NY 14127-0655 TOTAL $115,043.28

Lawn Maintenance-Water Resources Dept.Hennessy’s Landscaping41 Neumann Pkwy.Buffalo, NY 14223

TOTAL: $18,720.00

Stone and BlacktopT. E. McNamara Trucking, Inc.2921 Transit RoadElma, NY 14059

TOTAL: $140,880.00

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Highway

Kenmore, NY 14217

ADOPTED


Page 1

Communication from Brad Rowles, Superintendent of Highways, Recommending the Town Board Award the Bid for

Two (2) 2011, or Newer, Freightliner M2-112 Tri-Axle Cab & Chassis with Thirty-Two (32) Cubic Yard, High Compaction,

High Pressure Hydraulic System Rear Loading, Non-Elevating Type Completely Enclosed Garbage and Ash

Packer Bodies, Dura Pack Formula (DPF) 5000, or Equal to Kenworth of Buffalo, Inc., at a Cost of $367,094.00 to be Paid

Out of the Recycling Equipment Capital Reserve Fund.

WHEREAS, this Board did heretofore advertise for bids for the following:

TWO (2) 2011, OR NEWER, FREIGHTLINER M2-112 TRI-AXLE CAB & CHASSIS WITH THIRTY-TWO (32) CUBIC YARD, HIGH COMPACTION, HIGH PRESSURE HYDRAULIC SYSTEM REAR LOADING, NON-ELEVATING TYPE COMPLETELY ENCLOSED GARBAGE AND ASH PACKER BODIES, DURA PACK FORMULA (DPF) 5000, OR EQUAL.

and

WHEREAS, two (2) bids were received from Fleet Maintenance Inc., 67 Ransier Drive, West Seneca, New York 14224 and Kenworth of Buffalo, Inc., 100 Commerec Drive, Buffalo, NY 14218, at the time and place mentioned in the notice thereof, and was publicly read and considered; and

WHEREAS, the bid was referred to the Chairman of the Committee and the Highway Superintendent for study and recommendation, and it is recommended that the bid of Kenworth of Buffalo, Inc., be accepted in the amount of $367,094.00; and

WHEREAS, a Permissive Referendum for said purchase expired February 22, 2011, receiving no objections;

NOW, THEREFORE, BE IT RESOLVED, this Town Board does hereby accept the bid as aforementioned for TWO (2) 2011, OR NEWER, FREIGHTLINER M2-112 TRI-AXLE CAB & CHASSIS WITH THIRTY-TWO (32) CUBIC YARD, HIGH COMPACTION, HIGH PRESSURE HYDRAULIC SYSTEM REAR LOADING, NON ELEVATING TYPE COMPLETELY ENCLOSED GARBAGE AND ASH PACKER BODIES, DURA PACK FORMULA (DPF) 5000, OR EQUAL, all in accordance with specifications and instructions to bidders; and

BE IT FURTHER RESOLVED, the Supervisor and/or Superintendent of Highways is hereby authorized to execute any and all documents in connection therewith to complete the purchase of said equipment.

HISTORY:

02/28/11 Town Board TABLEDNext: 03/14/11

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Town of Tonawanda Board Meeting: 03/14/11 04:00 PM2919 Delaware Ave Department: Water Resources

Kenmore, NY 14217

ADOPTED


Page 1

Communication from Kenneth Maving, Chief Operator of Water Resources Department Requesting the Town Board

Award Bids for Liquid Alum, Sodium Silico Fluoride, Hydrated Lime, and Pulverized Limestone, as Set Forth in the

Agenda Before You.

WHEREAS, this Board did heretofore advertise bids for the following:

• Liquid Alum - approximately 300 - 325 tons• Sodium Silico Fluoride - approximately 20 - 30 tons• Hydrated Lime - approximately 60 - 80 tons• Pulverized Limestone - approximately 60 - 80 tons

and

WHEREAS, ten bids were received at the time and place mentioned in the notice thereof, and were publicly read and considered as follows:

CHEMICAL BIDDER COST/PER TONLiquid Alum General Chemical Performance $234.98dry ton

Products., LLCThatcher Company of NY $235.65.00/dry tonBison Laboratories, Inc. $334.87/dry tonDelta Chemical Corp. $404.00/dry tonHolland company, Inc. $475.00/dry ton

Sodium Silico Fluoride K C Industries, LLC $828.00/tonThatcher Company of NY $967.95/ton

Hydrated Lime Graymont Inc. $255.00/tonChemical Distributors, Inc. $300.00/tonBison Laboratories, Inc. No Bid

Pulverized Limestone Graymont Inc. $110.00/ ton

andWHEREAS, the bids were referred to the Chairman of the Committee and the Chief Operator of the

Water Resources Department for study and recommendation, and it is recommended that the bids forthese chemicals be accepted as follows for the period March 14, 2011 to March 14, 2012:

CHEMICAL BIDDER COST/TONLiquid Alum General Chemical Performance $234.98/dry ton

Products, LLC

Sodium Silico Fluoride K C Industries, LLC $828.00/ton

Hydrated Lime Graymont Inc. $255.00/ton

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Pulverized Limestone Graymont Inc. $110.00/ton

NOW, THEREFORE, BE IT RESOLVED, that this Town Board does hereby accept the bidsas stated above, all in accordance with specifications and instructions to bidders.

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Kenmore, NY 14217

ADOPTED


Page 1

Communication from Michael Kaiser, Director of the Technical Support Department, Requesting that the Town

Board CALL FOR BIDS Returnable April 5, 2011 at 3:30 PM in the Council Chambers for JOB 2873 - SIDEWALK,

LANDSCAPING & PAVEMENT RESTORATION - WATER & SEWER - 2011.

WHEREAS, The Director of the Technical Support Department has recommended to advertise for bids for the following:

JOB 2873 - SIDEWALK, LANDSCAPING & PAVEMENT RESTORATION - WATER & SEWER -2011

ESTIMATED COST: $400,000.00and

WHEREAS, the Town Board deems it to be in the best interest of the Town to advertise for said bids;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby approve plans, specs and estimate and proposed contract; and be it further

RESOLVED, that the Town Board does hereby call for sealed proposals to be received, read and considered by the Town Clerk on behalf of the Town Board on the 5th day of April, 2011 at 3:30 P.M., local time, in the Council Room of the Municipal Building, in the Village of Kenmore, N.Y. for JOB 2873 -SIDEWALK, LANDSCAPING & PAVEMENT RESTORATION - WATER & SEWER - 2011, all in accordance with specifications and instructions to bidders, and information may be obtained at the office of the Technical Support Department, Engineering Division, Room #20, Municipal Building, Kenmore, N.Y., and be it further

RESOLVED, that each proposal must be accompanied by a certified check or bid bond in an amount not less than five percent (5%) of the amount of the base bid, conditioned that if his proposal is accepted he will enter into a contract for the same, and that he will execute such further security as may be required for the faithful performance of the contract; and be it further

RESOLVED, that the Ken-Ton Bee be and the same is hereby designated as the newspaper for the purpose of advertising for said bids in accordance with Section 103, Subdivision 2 of the General Municipal Law; and be it further

RESOLVED, that the Board reserves the right to reject any and all bids and proposals and to advertise anew, or to award a contract for part or portions thereof as in its judgment it shall deem to be in the best interest of the Town to so do.

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Kenmore, NY 14217

ADOPTED


Page 1

Further Communication from Michael Kaiser, Director of the Technical Support Department Requesting that the Town

Board CALL FOR BIDS Returnable April 5, 2011 at 3:30 PM in the Council Chambers for JOB 2872 - Youth, Parks &

Recreation Concrete Replacement - 2011.

WHEREAS, the Director of the Technical Support Department - Engineering Division has recommended bids be called for the following:

JOB 2872 - YOUTH, PARKS & RECREATION CONCRETE REPLACEMENT-2011

ESTIMATED COST: $40,000.00and

WHEREAS, the Town Board deems it to be in the best interest of the Town to advertise for said bids;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby call for sealed proposals to be received, read and considered by the Town Clerk on behalf of the Town Board on the 5th day of April, 2011 at 3:30 P.M., local time, in the Council Room of the Municipal Building, in the Village of Kenmore, N.Y. for JOB 2872 - YOUTH, PARKS & RECREATION CONCRETE REPLACEMENT -2011, all in accordance with specifications and instructions to bidders, and information may be obtained at the office of the Technical Support Department - Engineering Division, Room #20, Municipal Building, Kenmore, N.Y., and be it further

RESOLVED, that each proposal must be accompanied by a certified check or bid bond in an amount not less than five percent (5%) of the amount of the base bid, conditioned that if his proposal is accepted he will enter into a contract for the same, and that he will execute such further security as may be required for the faithful performance of the contract; and be it further

RESOLVED, that the KEN-TON BEE be and the same is hereby designated as the newspaper for the purpose of advertising for said bids in accordance with Section 103, Subdivision 2 of the General Municipal Law; and be it further

RESOLVED, that the Board reserves the right to reject any and all bids and proposals and to advertise anew, or to award a contract for part or portions thereof as in its judgment it shall deem it to be in the best interest of the Town to so do.

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Town of Tonawanda Board Town Board

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