Weekly Feature

2012-03-28 / Legal Notices

PUBLIC NOTICE

The Town of Tonawanda, including the Village of Kenmore, have been notified by the U.S. Department of Housing and Urban Development that they will be receiving approximately $47,000 in Emergency Solutions Grant (ESG) funds from the FY 2011 federal budget that will need to be spent on Homelessness Prevention and Rapid Re-Housing activities. The Town of Tonawanda Office of Community Development is currently seeking proposals from area service providers on how best to utilize these funds and meet the new ESG regulations. The Town is also concurrently seeking comments from the general public in accordance with the Town’s public participation plan.

All comments must be made in writing no later than Friday, April 27, 2012 to:

James Hartz, AICP
Director of Community Development
169 Sheridan-Parkside Drive
Tonawanda, NY 14150


Any comment may also be made via email to: jhartz@tonawanda.ny.us

For more information on HUD’s Emergency Solution Grant Program, please visit the Homelessness Resource Exchange website at: www.hudhre.info

Anthony F. Caruana
Town Supervisor
Town of Tonawanda

Councilwoman Lisa M. Chimera, Chairman
Community Development Committee
Town of Tonawanda

— LEGAL NOTICE —

Notice of Formation of Sinatra & Company Redevelopment LLC. Art. Of Org. filed Sec’y of State (SSNY) 3/13/12. Office Location: Erie County. Street Address of principal business location: 3350 Delaware Ave., Tonawanda, NY 14217. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process: c/o The LLC, 3350 Delaware Ave., Tonawanda, NY 14217. Purpose: any lawful purpose.

Mar. 28; Apr. 4, 11, 18, 25; May 2

— LEGAL NOTICE —

Notice of Formation of LICATA'S MOBILE REPAIR, LLC. Arts. of Org. filed with Secy. of State of NY (SSNY) on 01/06/12. Office location: Erie County. Princ. office of LLC: 632 Pleasant View Dr., Lancaster, NY 14086. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the addr. of its princ. office. Purpose: Any lawful activity.

Mar. 21, 28; Apr. 4, 11, 18, 25

— LEGAL NOTICE —

AFFINITY SALON & SPA LLC, a domestic LLC, Arts. of Org. filed with the SSNY on 1/4/12. Office location: Erie County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: Katie Czyrny, 3060 Delaware Ave., Kenmore, NY 14217. General Purposes.

Mar. 21, 28; Apr. 4, 11, 18, 25

— LEGAL NOTICE —

Notice of Formation of 6367 Robinson Road, LLC. Arts. of Org. filed with Sec. of State of NY (SSNY) on 2/21/12. Office location: Erie County. Principal business address: 3350 Delaware Ave., Tonawanda, NY 14217. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to c/o Block & Longo, PC, One Niagara Square, Buffalo, NY 14202. Purpose: any lawful activity.

Mar. 14, 21, 28; Apr. 4, 11, 18

— LEGAL NOTICE —

Apothic LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on March 6, 2012. Office in Erie County. SSNY is the designated agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 38 Thomas Jefferson Lane, Snyder, NY 14226-3806. Purpose: Any lawful purpose.

Mar. 14, 21, 28; Apr. 4, 11, 18

— LEGAL NOTICE —

MED CODE LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on Dec. 15,2011. Office in Erie County. SSNY is the designated agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 190 Sanders Rd. Unit 1, Buffalo, NY 14216. Purpose: Any lawful purpose.

Mar. 7, 14, 21, 28; Apr. 4, 11

— LEGAL NOTICE —

Notice of Formation of Limited Liability Company, 829 Dick Road LLC Articles of Organization filed with the New York Secretary of State on February 8, 2012. Its principal office is in Erie County. Secretary of State is designated as agent upon whom process against the LLC may be served. Secretary of State shall mail a copy of any such process served upon it to 829 Dick Road LLC, 829 Dick Road, Cheektowaga, NY 14225. Purpose: To engage in any lawful act or activity.

Feb. 29; Mar. 7, 14, 21, 28; Apr. 4

— LEGAL NOTICE —

Notice of Formation of Whispering Tree LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on 01/27/12. Office in Erie County. SSNY is the designated agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to c/o United States Corporation Agents, Inc 7014 13th Ave, Ste 202, Brooklyn NY 11228. Purpose: Any lawful purpose. No specific duration attached to LLC.

Mar. 7, 14, 21, 28; Apr. 4, 11

— LEGAL NOTICE —

Notice of formation of Hartel Family Automotive, LLC. Articles of Organization filed with Secretary of State of NY (SSNY) on February 1, 2012. Office location: Erie County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to 3260 South Park Avenue, Lackawanna, NY 14218. Purpose: any lawful activity.

Feb. 29; Mar. 7, 14, 21, 28; Apr. 4

— LEGAL NOTICE —

NOTICE of FORMATION of a DOMESTIC

LIMITED LIABILITY COMPANY

Buffalo City Living, LLC Articles of Organization filed NY Secretary of State (SSNY) December 19th, 2011. Office in Erie County. SSNY design. Agent of LLC upon whom process against it may be served. SSNY shall mail a copy of process to 71 North Park Ave, Buffalo, NY 14216. Purpose: Any Lawful Purpose. Duration: Perpetual.

Feb. 29; Mar. 7, 14, 21, 28; Apr. 4

— LEGAL NOTICE —

Notice of formation of SARAH V LLC Arts. of Org. filed with the Sect'y of State of NY (SSNY) on 1/5/2012. Office location, County of Erie. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: The LLC, 24 Nicholas Drive South, Tonawanda, NY 14150. Purpose: any lawful act.

Feb. 22, 29; Mar. 7, 14, 21, 28

— LEGAL NOTICE —

REQUEST FOR PROPOSALS

LEASE OF SPACE

PADDOCK CHEVROLET GOLF DOME

TOWN OF TONAWANDA YOUTH,

PARKS AND RECREATION

DEPARTMENT

The Town of Tonawanda Youth, Parks and Recreation Department is seeking pro- posals for lease of space in the Paddock Chevrolet Golf Dome Building on Brompton Road.

Specifications may be obtained from the Town of Tonawanda Youth, Parks and Recreation Department, 299 Decatur Road, Tonawanda, New York, 14223 between 8:30 a.m. and 3:30 p.m. on regular business days.

Responses are due no later than 12:00 Noon on Tuesday, April 24, 2012, at the above address, attention Dan Wiles, Director of Youth, Parks and Recreation.

Mar. 28; Apr. 4

— LEGAL NOTICE —

In accordance with the provisions of State Law, there being due and unpaid charges for which the undersigned is entitled to satisfy an owner and/or manager's lien of the goods stored at the Uncle Bob's Self Storage location(s) listed below.

And, due notice having been given, to the owner of said property and all parties known to claim an interest therein, and the time specified in such notice for payment of such having expired, the goods will be sold at public auction at the below stated location( s) to the highest bidder or otherwise disposed of on Thursday, April 12, 2012 @ 12:00 PM.

521 Young Street, Tonawanda, NY 14150; (716) 694-9528

Mar. 28

— LEGAL NOTICE —

In accordance with the provisions of State Law, there being due and unpaid charges for which the undersigned is entitled to satisfy an owner and/or manager's lien of the goods stored at the Uncle Bob's Self Storage location(s) listed below.

And, due notice having been given, to the owner of said property and all parties known to claim an interest therein, and the time specified in such notice for payment of such having expired, the goods will be sold at public auction at the below stated location( s) to the highest bidder or otherwise disposed of on Thursday, April 12, 2012 @ 10:45 AM.

1275 Sheridan Drive, Buffalo, NY 14217 - (716) 871 9413

Mar. 28

— LEGAL NOTICE —

The Board of Education of Sweet Home Central School District Towns of Amherst and Tonawanda, hereby invites the submission of sealed bids on:

Science, 1:45 p.m.

Elem & Secondary

School Agendas, 2:00 p.m

Bids will be received until the above mentioned time on April 12, 2012 at the District Board Room, 1901 Sweet Home Road, Amherst, NY at which time and place all bids will be publicly opened. Specifications and bid forms may be obtained at the same office. The Board of Education reserves the right to reject all bids. These bids are subject to voters’ approval of the School District budget on May 15, 2012.

Mar. 28

— LEGAL NOTICE —

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that on the 9th day of April, 2012 at 7:30 P.M. local time, in the Council Room of the Municipal Building, in the Village of Kenmore, New York, the Town Board of the Town of Tonawanda, N.Y. will hold a public hearing to consider an amendment to the following Vehicle and Traffic Schedule under Local Law 2 83 of the Town of Tonawanda, N.Y. as follows:

SCHEDULE XI: PARKING, STANDING AND STOPPING RESTRICTIONS

1. INSTALL – “NO PARKING” signs on both sides of Cooper Avenue beginning at Ensminger Road and continuing on to the southern-most entrance to 170 Cooper Avenue (FedEx).

BY ORDER OF THE TOWN BOARD, TOWN OF TONAWANDA, ERIE COUNTY, N.Y.

MARGUERITE GRECO, TOWN CLERK

TOWN OF TONAWANDA, NEW YORK

Dated: March 27, 2012

Mar. 28

— LEGAL NOTICE —

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that on the 17th day of April, 2012 at 3:30 P.M., local time, in the Council Room of the Municipal Building, in the Village of Kenmore, N.Y., the Town Clerk on behalf of the Town Board of the Town of Tonawanda will publicly open and read all bids then received for the following:

JOB 2883 – SANITARY SEWER

REHABILITATION FOR 2011

ESTIMATED COST: $1,800,000.00 all in accordance with specifications and instructions to bidders.

A non-refundable fee of $100.00 will be charged for each set of plans and specifications.

Specifications and bid forms are available at the office of the Technical Support Department, Room 20, Municipal Building, 2919 Delaware Avenue, Kenmore, N.Y. 14217.

BY ORDER OF THE TOWN BOARD, TOWN OF TONAWANDA, ERIE COUNTY, N.Y.

Marguerite Greco, Town Clerk

Town of Tonawanda, New York

Dated: March 27, 2012

Mar. 28

— LEGAL NOTICE —

RESOLVED: THAT NOTICE OF A PUBLIC HEARING AND DISTRICT VOTE OF THE SWEET HOME CENTRAL SCHOOL DISTRICT OF AMHERST AND TONAWANDA, NEW YORK, BE GIVEN AS FOLLOWS:

NOTICE OF A PUBLIC HEARING AND DISTRICT VOTE OF THE SWEET HOME CENTRAL SCHOOL DISTRICT OF AMHERST AND TONAWANDA, NEW YORK:

NOTICE IS HEREBY GIVEN that a Public Hearing of the inhabitants of the Sweet Home Central School District of Amherst and Tonawanda, qualified to vote at School Meetings of said District will be held at the Sweet Home High School, 1901 Sweet Home Road, in said school district on Tuesday, May 1, 2012 at 7:00 p.m. (EDST), for the purpose of discussion on the expenditure of funds and the budgeting thereof for the year 2012–2013.

And Notice is also given that the annual meeting and election of the Sweet Home Central School District, Erie County, New York, will be held on Tuesday, May 15, 2012 from 7:00 am (EDST) to 9:00 pm (EDST) at the Norman Vergils Community Center, located at the north end of the high school behind the District Office for the purpose of voting on the budget for the 2012-13 fiscal year and the purpose of electing two members of the Board of Education for a five-year term. Voting will be by voting machine as provided by the Education Law.

Applications for absentee ballots may be obtained from the Office of the School District Clerk, 1901 Sweet Home Road, Amherst, New York. Completed applications for absentee ballots must be received by the School District Clerk’s Office on or before May 7, 2012 if the absentee ballot is to be mailed to the voter for completion. Applications may be filed on or before May 14, 2012 if the absentee ballot is to be picked up by the voter at the District Clerk’s Office. Completed absentee ballots must be received by the District Clerk’s Office by 4:00 p.m. on the day of the vote. A list of persons to whom absentee ballots have been issued will be available in the Office of the School District Clerk on each of the five days prior to the election during regular office hours [Monday through Friday, 8:30 a.m. to 4:00 p.m.] and posted at the polling place on election day.

And Notice is also given that the petitions nominating candidates for the office of member of the Board of Education must be filed with the Clerk of the District between the hours of 8:00 a.m. (EDST) and 5:00 p.m. (EDST) no later than Monday, April 16, 2012. Candidates, either in person or by written proxy, will draw lots at 3:00 p.m. (EDST) on Tuesday, April 17, 2012 in the office of the District Clerk, Sweet Home High School, 1901 Sweet Home Road, Amherst, for positions on the voting machine. PROPOSITION 2

RESOLVED, that the Board of Education (the “Board”) of the Sweet Home Central School District, Erie County, New York (the “District”), is hereby authorized to undertake District-wide reconstruction and replacement work consisting of items related to technology infrastructure, telephone network systems, telephone switches, cabling, end use devices, fiber optic cable between and within District owned locations as required by the State Education Department in connection with any significant capital project and various other measures identified in the plan prepared by the District with the assistance of (Architect)(the “Project Plan”), which is available for public inspection in the offices of the District Clerk (the “Project”), such work to include, without limitation and to the extent as and where required: fiber optic switches, POE switches, clock, public address, and bell signaling equipment; proposed site work to include trenching, channeling, boring, directional boring, and stringing of cable and fiber to facilitate the installation of the technology infrastructure all at an estimated maximum cost of $645,000, the foregoing to include the purchase of original furnishings, equipment, machinery and apparatus required in connection with the purposes for which such buildings and sites are used, and all ancillary or related work required in connection therewith; and, upon the approval of the school district voters of Proposition No. 2 set forth below, to expend therefore, including preliminary costs and costs incidental thereto and to the financing thereof, an amount not to exceed the estimated total cost of $645,000, provided that the detailed costs of the components of the Project (as set forth in the Project Plan) may be reallocated among such components if (i) the Board shall determine that such reallocation is in the best interests of the District and (ii) the aggregate amount to be expended for the Project shall not exceed $645,000 and (iii) no material change shall be made in the overall scope of the Project; and be it further

RESOLVED, that, upon the approval of the school district voters of Proposition No. 2 set forth below, a tax will be voted to finance such maximum estimated total cost of the Project in an amount not to exceed $645,000, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; and be it further

RESOLVED, that in anticipation of such tax, and upon the approval of the school district voters of Proposition No. 2 set forth below, obligations of the District will be authorized to be issued in the aggregate principal amount of not to exceed $645,000, and a tax will be voted to pay the interest on said obligations as the same shall become due and payable; and be it further

RESOLVED, that New York State Building Aid (including EXCEL Aid funds) expected to be received by the District are anticipated to offset a substantial part of such costs, and such funds shall, to the extent received, be applied to offset and reduce the amount of taxes herein authorized to be levied.

NOTICE IS HEREBY FURTHER GIVEN that such Proposition No. 2 shall appear on the ballot labels to be inserted in the voting machines used for voting on such Proposition in substantially the following abbreviated form:

Proposition No. 2

(Capital Improvements Project)

YES NO

Shall the following resolution be adopted, to wit:

RESOLVED, that (a) the Board of Education (the “Board”) of the Sweet Home Central School District (the “District”) is hereby authorized to undertake a District improvement program consisting of items related to technology infrastructure, telephone network systems, telephone switches, cabling, end use devices, fiber optic cable between and within District owned locations and various other measures included and described in the Project Plan referred to in the public notice of the vote on this Proposition, and to expend therefore an amount not to exceed $645,000; (b) a tax is hereby voted in an amount not to exceed $645,000 to finance such cost, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; (c) in anticipation of such tax, obligations of the District are hereby authorized to be issued (in accordance with a separate resolution relating to the obligation) in the aggregate principal amount of not to exceed $645,000, and a tax is hereby voted to pay the interest on said obligations as the same shall become due and payable; and (d) New York State Building Aid (including EXCEL Aid funds) expected to be received by the District are anticipated to offset a substantial part of such costs, and such funds, to the extent received, shall be applied to offset and reduce the amount of taxes herein authorized to be levied.

NOTICE IS HEREBY FURTHER GIVEN that an Environmental Assessment Form has been completed for the Project, which is an Unlisted action under the State Environmental Quality Review Act (“SEQRA”), a thorough review of the Project’s potential environmental impacts has been undertaken, it has been found that the Project will not result in a significant adverse impact on the environment, and a reasoned elaboration of the SEQRA review and findings has been provided in a Negative Declaration

If additional propositions are added either by voter proposition and/or board of education resolution will be included in future publications. Forms to be used for petitions to add propositions for voter consideration and explanation of the requirements of such petitions can be obtained from the District Clerk.

And Notice is also given that copies of the Budget for the school year 2012 – 2013 will be available to any taxpayer of the District from April 24, 2012 until the date of the election at any school of the district between the hours of 8:00 a.m. (EDST) and 3:30 p.m. (EDST).

And Notice is also given that the Board of Education meetings in May will be held on May 1, 2012 and May 8, 2012.

Dated: March 23, 2012

Judy Russell, District Clerk

Mar. 28

— LEGAL NOTICE —

BOND RESOLUTION

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 26, 2012, 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 Supervisor

Daniel J. Crangle Councilman

John A. Bargnesi, Jr. Councilman

Lisa M. Chimera Councilman

Joseph H. Emminger Councilman

ABSENT:

NONE

The following resolution was offered by Councilman Daniel J. Crangle, who moved its adoption, seconded by Councilman Joseph H. Emminger, to-wit: RESOLUTION DATED MARCH 26, 2012 A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF TONAWANDA AUTHORIZING THE ISSUANCE OF $450,000 SERIAL BONDS OF THE TOWN OF TONAWANDA, ERIE COUNTY, NEW YORK, TO PAY COSTS OF PURCHASING A COLD MILLING MACHINE FOR 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 a Type II activity 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 (Regulation, 6 NYCRR §617.5(c)(25)); and

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

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

Section 1. The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the purchase of a cold milling machine for the Highway Department of the Town of Tonawanda, Erie County, New York. The maximum cost of said purpose will not exceed $450,000.

Section 2. It is hereby determined that the maximum estimated cost of said specific object or purpose is $450,000, and that the plan for the financing of the aforesaid specific purpose is by the issuance of the $450,000 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 five (5) years, pursuant to subdivision 28 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 not five (5) years.

Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and sell serial bonds and 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 bonds or 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 or notes 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 or notes for sale, conducting the sale and awarding the bonds or notes, are hereby delegated to the Supervisor, who shall advertise such obligations for sale, conduct the sale, and award the obligations 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 obligations. The receipt of the Supervisor shall be a full acquittance to the purchaser of such obligations, 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 obligations, including determining whether to issue such obligations having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said obligations, prescribing the method for the recording of ownership of said obligations, appointing the fiscal agent or agents for said obligations, providing for the printing and delivery of said obligations (and if said obligations 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 obligations 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 obligations 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 such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Supervisor shall determine.

Section 9. The Supervisor is hereby authorized to execute those applications, agreements, instruments or to do any similar acts necessary to affect 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 of the State of New York.

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, 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 AYE

Supervisor

Daniel J. Crangle, VOTING AYE

Councilman

John A. Bargnesi, Jr., VOTING NAY

Councilman

Lisa M. Chimera, VOTING AYE

Councilman

Joseph H. Emminger, VOTING AYE

Councilman

The order was thereupon declared duly adopted by a vote of Four (4) ayes and One (1) nays. 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 26, 2012, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same related to the subject matters therein referred to.

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

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

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

Newspapers and/or other news media:

Buffalo News - Attn: City Desk Buffalo News - Kenmore Office

Tonawanda Publishing - Attn: Editorial Department

Ken-Ton Bee - Attn: Editorial Department

TV Channels 2, 4 and 7

Radio: WNED, WBEN, WGR

Date given: January 3, 2012

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

Designated Location(s) of posted notice: Town Clerk’s Bulletin Board, First Floor - 2919 Delaware Avenue, Kenmore, NY 14217

Date of posting: January 3, 2012

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town, on March 27, 2012.

Marguerite Greco, Town Clerk

Dated: March 27, 2012

— LEGAL NOTICE —

NOTICE

SPECIAL SCHOOL

DISTRICT MEETING

Kenmore-Town of Tonawanda

Union Free School District

Erie County, New York

NOTICE IS HEREBY GIVEN that a special election of the Kenmore-Tonawanda Union Free School District will be held on Tuesday, April 3, 2012, between the hours of 7:00 a.m. and 9:00 p.m. (EST) for the purposes of voting on propositions to change the student transportation eligibility limits, and to approve the sale of the Green Acres building. The voting will occur at the following places in each respective election district: Election District:

1. General District Nos. 1-18 inclusive, 20-24 inclusive, 28-33 inclusive, 43 and 45

Place of Election District: Philip Sheridan School Building, 3200 Elmwood Avenue, Kenmore Election District:

2. General District Nos. 19, 35-39 inclusive, 41, 42, 44, 46-53 inclusive, 55, 57-61 inclusive, 63-67 inclusive

Place of Election District: Herbert Hoover Middle School, 249 Thorncliff Road, Town of Tonawanda Election District:

3. General District Nos. 26, 34, 40, 54, 56, 62 and 68-83 inclusive

Place of Election District: Kenmore East High School, 350 Fries Road, Town of Tonawanda

TAKE FURTHER NOTICE that personal registration of voters is required either pursuant to Section 2014 of the Education Law or pursuant to Article 5 of the Election Law. If a voter has heretofore registered pursuant to Section 2014 of the Education Law and has voted at an annual or special district meeting within the last four (4) calendar years, he/she is eligible to vote at this election; if a voter is registered and eligible to vote under Article 5 of the Election Law, he/she is also eligible to vote at this election. All other persons who wish to vote must register.

TAKE FURTHER NOTICE that the Board of Registration will meet for the purpose of registering all qualified voters of the District at the Administration building, 1500 Colvin Boulevard, Town of Tonawanda, New York on Tuesday, March 20, 2012 between the hours of 8:00 a.m. and 2:00 p.m. (EST) and again on Wednesday, March 21, 2012 between the hours of 2:00 p.m. and 6:00 p.m. (EST) to add any additional names to the Register to be used at the aforesaid election, at which time any person will be entitled to have his/her name placed on such Register, provided that at such meeting of the Board of Registration he/she is known or proven to the satisfaction of said Board of Registration to be then or thereafter entitled to vote at such election for which the Register is prepared. The final register of voters will be filed in the Office of the District Clerk of the District at 1500 Colvin Boulevard, Town of Tonawanda, New York, and will be open for inspection by any qualified voter of the District on March 27, 2012 between the hours of 8:00 a.m. and 4:00 p.m. (EST) and on each day thereafter that is prior to the date set forth for the election, except Sundays, and at the polling places on the day of the vote.

TAKE FURTHER NOTICE that the voting on propositions will consist of the following propositions, in substantially the same form, as well as other such matters as may be lawfully presented at the Meeting:

PROPOSITION NO. 1

STUDENT TRANSPORTATION

ELIGIBILITY

That the Board of Education of the Kenmore-Town of Tonawanda Union Free School District, County of Erie, New York (the “District”), is hereby authorized to modify the current minimum distances for bus transportation to students as follows:

• Kindergarten through Grade 5 students: increase eligibility for bus transportation from 0.0 to 0.5 mile or greater;

• Grade 6 through Grade 8 students: increase eligibility for bus transportation from 1.2 to 1.5 miles or greater; and

• Grade 9 through Grade 12 students: increase eligibility for bus transportation from 1.5 to 1.8 miles or greater.

PROPOSITION NO. 2

SALE OF DISTRICT PROPERTY

That the Board of Education of the Kenmore-Town of Tonawanda Union Free School District, County of Erie, New York (the “District”), is hereby authorized to sell the Green Acres Building, located at 205 Yorkshire Road, Tonawanda, NY, which includes a 72,767 sq. ft. building and certain real property adjacent to the building being approximately 4.3 acres including parking areas, but excluding soccer fields, basketball court, playground and other green space (as the District will continue to use such land for athletics) for no less than Eight Hundred Fifty Thousand Dollars ($850,000), after the conclusion of the 2011-2012 school year, and the proceeds from such sale to be placed in the District’s General Fund.

TAKE FURTHER NOTICE that absentee ballots can be obtained during school business hours from the Office of the District Clerk of the District, 1500 Colvin Boulevard, Town of Tonawanda, New York. Completed applications must be received by the District Clerk or his designee at least seven (7) days before the election if the ballot is to be mailed to the voter, or the day before the Special Vote if the ballot is to be personally issued to the voter. Absentee ballots must be received in the Office of the District Clerk of the District no later than 5:00 p.m. (EST) on April 3, 2012.

TAKE FURTHER NOTICE that a list of persons to whom absentee ballots are issued will be available for inspection to qualified voters of the District in the Office of the District Clerk between the hours of 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, (except holidays) until the day of the election. Any qualified voter may, upon examination of such list, file a written challenge of the qualifications as a voter of any person whose name appears on such list, stating the reasons for such challenge. Such written challenge shall be transmitted by the clerk to the Chief Election Inspector on April 3, 2012.

Feb. 29; Mar. 14, 28

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