Weekly Feature



2013-01-09 / Legal Notices

Public Notices

— LEGAL NOTICE —

Notice of Formation of NVA Buffalo Veterinary Management, LLC (“LLC”) Art. of Org. filed Secy. of State NY (SSNY) 11/06/2012. Off. loc. in Erie Co. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail a copy of process to: National Veterinary Associates, Inc., 29229 Canwood Street, Suite 100, Agoura Hills, CA 91301. Purpose: any lawful activity.

Jan. 2, 9, 16, 23, 30; Feb. 6

— LEGAL NOTICE —

NEW LLC FORMED

Name: GFD PROPERTIES, LLC; Filed: 11/27/2012; Address: 136 N. Ellwood Avenue, Tonawanda, Erie Co., NY; Service: NY Secty/State w/copy to LLC at above address; Purpose: any lawful activity.

Dec. 26; Jan. 2, 9, 16, 23, 30

— LEGAL NOTICE —

NOTICE of FORMATION of a DOMESTIC

LIMITED LIABILITY COMPANY

Name of LLC: 1FH & 2FH LLC. Date of filing of Articles of Organization with the NY Dept of State: September 27, 2012. Office of the LLC: 296 Adams Street, Tonawanda, Erie County, NY 14150. The NY Secretary of State is the designated agent upon whom process may be served. NYSS shall mail copy of process to 296 Adams Street, Tonawanda, NY 14150. Purpose: Any lawful purpose.

Dec. 26; Jan. 2, 9, 16, 23, 30

— LEGAL NOTICE —

BUFFALO REAL ESTATE MANAGEMENT, LLC Articles of Organization filed NY Sec. of State (SSNY): 9/6/12. Principal business location in Erie Co. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process to principal business location at 94 Kingsley St., Buffalo, NY 14208. Purpose: any lawful purpose.

Dec. 26; Jan. 2, 9, 16, 23, 30

— LEGAL NOTICE —

NOTICE of FORMATION of a DOMESTIC

LIMITED LIABILITY COMPANY

Name of LLC: Stuff You Can Use LLC. Date of filing of Articles of Organization with the NY Dept of State: October 12, 2012. Office of the LLC: Erie County 93 Rockland Rd., Tonawanda, NY 14150. The NY Secretary of State has been designated as the agent upon whom process may be served. NYSS may mail a copy of any process to the LLC at: 93 Rockland Rd., Tonawanda, NY 14150. Purpose of LLC: Internet Business.

Dec. 19, 26; Jan. 2, 9, 16, 23

— LEGAL NOTICE —

Notice of Formation of TRIAD REAL PROPERTIES, LLC. Application for Authority filed with SSNY 12/6/12. LLC formed in NC on 1/22/97. Office Location: Erie County. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process: c/o The LLC, 595 Sheridan Dr., Tonawanda, NY 14150. Address required to be maintained in NC: 723 Coliseum Dr., Ste. 101, Winston Salem, NC 27106. Art. Of Org. filed with NC Dept. of State, PO Box 29622, Raleigh, NC 27626. Purpose: any lawful purpose.

Dec. 19, 26; Jan. 2, 9, 16, 23

— LEGAL NOTICE —

Sportzone At The Dome LLC. Arts. of Org. filed with Secy. of State of NY (SSNY) on 11/8/12. Office in Erie County. SSNY designated agent of LLC upon whom process against it may be served. SSNY shall mail process to John Edholm, 88 Leawood Dr., Tonawanda, NY 14150. Purpose: General.

Dec. 5, 12, 19, 26; Jan. 2, 9

— LEGAL NOTICE —

At a regular meeting of the Town Board of the Town of Tonawanda, Erie County, New York, held at the Municipal Building, 2919 Delaware Avenue, in Kenmore, New York, in said Town, on January 7, 2013, 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 Councilwoman

Joseph H. Emminger Councilman

The following resolution and order was offered by Councilman Emminger, who moved its adoption, seconded by Councilwoman Chimera, to-wit:

RESOLUTION AND ORDER

AFTER PUBLIC HEARING

APPROVING THE INCREASE AND

IMPROVEMENT OF CERTAIN

FACILITIES OF THE TOWN OF

TONAWANDA CONSOLIDATED

SANITARY SEWER DISTRICT.

WHEREAS, the Town Board of the Town of Tonawanda (herein called the “Town Board” and the “Town” respectively), in the County of Erie, New York, on behalf of the Town of Tonawanda Consolidated Sanitary Sewer District (the “District”) in the Town, has directed Conestoga Rovers & Associates, a professional engineering firm licensed in New York (the “Engineer”), to prepare a map, plan and report for certain increases and improvements to certain sewer system facilities, including, but not limited to, the engineering, engineering design, advertisement/bidding, contract administration, resident inspection, construction and rehabilitation of sanitary sewers and manholes within the public right of way, as follows:

Job 2879.1 -Inflow & Infiltration Demonstration Project Test Area Sanitary Sewer Rehabilitation

Approximately 34,000 linear feet of vitrified clay sewer pipe of 8, 10, 12 and 15 inch diameters will be rehabilitated using a combination of cured-in-place (CIP) pipe liners and traditional open-cut replacement. When possible, CIP lining of entire stretches of pipe will effectively repair defective sewers without the need for excavation. Defective lateral connections will be replaced or grouted as required and manholes within the project area will be rehabilitated or replaced as required. The Project Area includes the following streets:

Clark Street

Willowbreeze Road

Meadow Lane

Woodcrest Boulevard

Glencove Road

Liston Street

Chatsworth Avenue

Harding Avenue

Legion Drive

Colvinhurst Drive

Brockett Drive

Marjann Terrace

Delaware Avenue

Delaware Road

Colvin Boulevard.

All of the forgoing shall include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (the “District Improvement”). Pursuant to the direction of the Town, the Engineer will complete and file with the Town Board such map, plan and report for said increase and improvement of facilities of the District and the Engineer has estimated the total cost thereof to be a maximum amount of $4,000,000.00; said cost to be financed by the issuance of serial bonds and/or notes of the Town in the amount of $4,000,000.00; and

WHEREAS, the Town Board has given due consideration to the impact that the District Improvement may have on the environment, and on the basis of such consideration, the Town Board found that no substantial adverse environmental impact will be caused thereby; and

WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, has determined the District Improvement to be an unlisted action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act which will not have a significant impact on the environment and the therefore, Town Board, at its meeting held January 7, 2013, issued a negative declaration.

WHEREAS, the Town Board issued an Order at its December 17, 2012 meeting, calling for a public hearing to be held at the Municipal Building, 2919 Delaware Avenue, Kenmore, New York on January 7, 2013 at 7:30 P.M. (prevailing time) to consider said District Improvement and to hear all persons interested in the subject thereof concerning the same and for such action on the part of the Town Board with relation thereto as may be required by law, and further ordered the Town Clerk to publish at least once in a newspaper designated as an official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of such Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing; and

WHEREAS, said notices of the public hearing were properly published and posted and the public hearing duly held at the time and place stated in the notices.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF TONAWANDA based on the information provided at the public hearing, as follows:

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of $4,000,000.00; and it is hereby

DETERMINED, that the parcels and lots of the District shall be benefited by said increase and improvement of the facilities of the District; and it is hereby

DETERMINED, that all parcels and lots benefited by said increase and improvement of the facilities are included in the District, and it is hereby

ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer shall prepare definite plans and specifications and make a careful estimate of the expense for said increase and improvement of the facilities, and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby

FURTHER ORDERED, that the expense of said increase and improvement of the facilities shall be financed by the issuance of serial bonds and/or notes of the Town in an amount not to exceed $4,000,000, to be issued pursuant to the Local Finance Law; and it is hereby

FURTHER ORDERED, that within ten (10) days after adoption of this Resolution and Order, the Town Clerk shall record with the Clerk of the County of Erie a copy of the Resolution and Order, certified by said Town Clerk.

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

Anthony F. Caruana, VOTING AYE

Supervisor

Daniel J. Crangle, VOTING AYE

Councilman

John A. Bargnesi, Jr., VOTING ______ AYE

Councilman

Lisa M. Chimera, VOTING AYE

Councilman

Joseph H. Emminger, VOTING AYE

Councilman

The order was thereupon declared duly adopted by a vote of Five (5) ayes and No (0) 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 and order contained therein, held on January 7, 2013, 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 2, 2013

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 2, 2013

BY ORDER OF THE TOWN BOARD, TOWN OF TONAWANDA, ERIE COUNTY, NEW YORK

Marguerite Greco, Town Clerk

Town of Tonawanda, New York

Dated: January 8, 2013

Jan. 9

— LEGAL NOTICE —

At a regular meeting of the Town Board of the Town of Tonawanda, Erie County, New York, held at the Municipal Building, 2919 Delaware Avenue, in Kenmore, New York, in said Town, on January 7, 2013, 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 Councilwoman

Joseph H. Emminger Councilman

The following resolution was offered by Councilman Emminger, who moved its adoption, seconded by Councilwoman Chimera, to-wit: RESOLUTION DATED JANUARY 7, 2013. A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF TONAWANDA, ERIE COUNTY, NEW YORK, AUTHORIZING THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWN OF TONAWANDA CONSOLIDATED SANITARY SEWER DISTRICT (the "DISTRICT") AT A MAXIMUM AMOUNT NOT TO EXCEED $4,000,000.00 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000.00, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE SUCH BONDS OR BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

WHEREAS, the Town Board of the Town of Tonawanda, Erie County, New York (the “Town”), has determined to proceed with the increase and improvement of certain District facilities of the Town of Tonawanda Consolidated Sanitary Sewer District (the “District Improvement”); and

WHEREAS, the Town Board desires to undertake the District Improvement, including, but not limited to, the engineering, engineering design, advertisement/bidding, contract administration, resident inspection, construction and rehabilitation of sanitary sewers and manholes within the public right of way, as follows:

Job 2879.1 -Inflow & Infiltration Demonstration Project Test Area Sanitary Sewer Rehabilitation

Approximately 34,000 linear feet of vitrified clay sewer pipe of 8, 10, 12 and 15 inch diameters will be rehabilitated using a combination of cured-in-place (CIP) pipe liners and traditional open-cut replacement. When possible, CIP lining of entire stretches of pipe will effectively repair defective sewers without the need for excavation. Defective lateral connections will be replaced or grouted as required and manholes within the project area will be rehabilitated or replaced as required. The Project Area includes the following streets:

Clark Street

Willowbreeze Road

Meadow Lane

Woodcrest Boulevard

Glencove Road

Liston Street

Chatsworth Avenue

Harding Avenue

Legion Drive

Colvinhurst Drive

Brockett Drive

Marjann Terrace

Delaware Avenue

Delaware Road

Colvin Boulevard.

All of the forgoing shall include all necessary site work, equipment, apparatus and other improvements and costs incidental thereto (the “District Improvement”). Pursuant to the direction of the Town, the Engineer will complete and file with the Town Board such map, plan and report for said increase and improvement of facilities of the District and the Engineer has estimated the total cost thereof to be a maximum amount of $4,000,000.00; said cost to be financed by the issuance of serial bonds and/or notes of the Town in the amount of $4,000,000.00; and

WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the District Improvement, NOW, THEREFORE, BE IT

RESOLVED, by the Town Board of the Town of Tonawanda, Erie County, New York (by the favorable vote of not less than two-thirds of all the members of said Board) as follows:

SECTION 1. The specific purpose (hereinafter referred to as "purpose") to be financed pursuant to this resolution is the increase and improvement of District facilities of the Town of Tonawanda Consolidated Sanitary Sewer District (the "District") in the Town of Tonawanda, Erie County, New York as described above. The maximum cost of said purpose will not exceed $4,000,000.00.

SECTION 2. The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds and/or notes in an amount not to exceed $4,000,000.00 of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law. No money has heretofore been authorized to be applied to the payment of the costs of said specific purpose and the Town plans to finance the Town's cost of said specific purpose, entirely from funds raised from the issuance of the serial bonds and/or notes issued in anticipation of the issuance of such serial bonds. The cost of such improvements is to be paid by the issuance of serial bonds and/or notes issued in anticipation of the issuance of such serial bonds.

SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 15 years.

SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

SECTION 6. The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and/or notes as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds and/or notes becoming due and payable in such year.

SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 of the Local Finance Law relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 63.00 and Section 168.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution, any notes issued in anticipation of the issuance of said serial bonds, and any renewals thereof, and the Town Supervisor is authorized to affix the corporate seal of the Town to any of said bonds or notes and to attest such seal.

SECTION 8. The expected source of funds to be used initially to pay for up to $4,000,000.00 of the expenditures authorized by Section 1 of this resolution on an interim basis shall be from moneys held in various accounts of the Town. The Town then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of this resolution. This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and/or notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.

SECTION 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as may be excluded from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION 10. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule l5c 2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. The Town Board of the Town of Tonawanda, as lead agency, has conducted its own independent review of the EAF and all other relevant data furnished by the Technical Support Department, and also reviewed the minutes of the SEQR Committee meeting held on December 12, 2012, in which the SEQR Committee recommended to the Town Board, as lead agency, that the bond issue for the Project is an unlisted action which will not have a significant impact on the environment and the therefore, Town Board, at its meeting held January 7, 2013, issued a negative declaration.

SECTION 12. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

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

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

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

SECTION 13. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in the Ken-Ton Bee, a newspaper regularly published and having general circulation in said Town and designated as the official newspaper of said Town for such publication.

SECTION 14. This Resolution is effective immediately.

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

Anthony F. Caruana, VOTING AYE

Supervisor

Daniel J. Crangle, VOTING AYE

Councilman

John A. Bargnesi, Jr., VOTING AYE

Councilman

Lisa M. Chimera, VOTING AYE

Councilwoman

Joseph H. Emminger, VOTING AYE

Councilman

The resolution was thereupon declared duly adopted by a vote of Five (5) ayes and No (0) 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 January 7, 2013, 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 2, 2013

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

Town of Tonawanda Website

Date of posting: January 2, 2013

BY ORDER OF THE TOWN BOARD, TOWN OF TONAWANDA, ERIE COUNTY, NEW YORK

Marguerite Greco, Town Clerk

Town of Tonawanda, New York

Dated: January 8, 2013

Jan. 9

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