Town of Cheektowaga              3301 Broadway

                            Cheektowaga, NY  14227

              Work Session              http://www.town.cheektowaga.ny.us

 

              ~ Agenda ~              Alice Magierski

                            716-686-3400

 

Tuesday, July 30, 2013              6:00 PM              Council Office

I. Call to Order

6:00 PM Meeting called to order on July 30, 2013 at Council Office, Conference Room, Cheektowaga, NY.

Attendee Name

Present

Absent

Late

Arrived

Supervisor Mary Holtz

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Councilmember James P. Rogowski

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¨

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Councilmember Charles Markel

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Councilmember Stanley Kaznowski

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Councilmember Gerald Kaminski

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¨

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Councilmember Angela Wozniak

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II. Resolutions


             

 

              1. Resolution 2013-390                                         

Authorization to Enter and Clean Garage at 66 Westchester Drive

Sponsored By:  Councilmember Markel, Councilmember Kaznowski

 

WHEREAS, the Town of Cheektowaga Law for the Administration and Enforcement of  the Codes of New York State and the Property Maintenance Code of New York State require that property owners maintain their properties in a clean, safe, secure, and sanitary condition so as not to cause a neighborhood blighting problem or adversely affect the public health or safety; AND

 

WHEREAS, the Town of Cheektowaga received notification that property located at 66 Westchester, Cheektowaga, New York (SBL# 102.37-3-23), a/k/a the “Premises”, was and is currently maintained in a manner not in compliance with the Town of Cheektowaga Law for the Administration and Enforcement of the Codes of New York State; and the Property Maintenance Code of New York State; AND

 

WHEREAS, according to the records kept by the Assessor’s Office, Barbara A. Whaley, 66 Westchester Drive, Cheektowaga, New York 14225, is the owner; AND

 

WHEREAS, an inspection of the Premises was conducted by a representative of the Neighborhood Preservation Office, and a violation order and subsequent Criminal Summons were issued to said property owner stating that unsafe and unsanitary conditions exist therein, and directing said owner to remedy the aforesaid violations; AND

 

WHEREAS, the property owner has neglected to take the appropriate remedial actions to remedy the violation; AND

 

WHEREAS, the Hon. Dennis Delano, Cheektowaga Town Justice, on July 17, 2013, adopted an Order granting the Town of Cheektowaga Housing & Neighborhood Preservation Office permission to enter the garage located on the Premises “for the purpose of cleaning out the garage to bring the garage into compliance with the Town Code regarding maintaining the garage in a clean and sanitary condition;” AND

 

WHEREAS, records kept by Neighborhood Preservation Office state that the attorney for said property owner was properly notified pursuant to the Court Order and Section 70-7A.(2.) of the Town of Cheektowaga Law for the Administration and Enforcement of the Codes of New York State; NOW, THEREFORE, BE IT

 

RESOLVED, that the Managing Housing Inspector and /or his designee are directed to enter the garage located on the Premises at 66 Westchester Drive, Cheektowaga, New York 14225 with the contractor selected by him, and bring the garage located on the Premises at 66 Westchester Drive, Cheektowaga, New York 14225 into compliance with the Town of Cheektowaga Law for the Administration and Enforcement of the Codes of New York State; and the Property Maintenance Code of New York State as per the Court Order; and BE IT FURTHER

 

RESOLVED, that all costs incurred by the Town in bringing this property into compliance shall be assessed against the property hereinbefore described, and BE IT FURTHER

 

              RESOLVED, that the Town Clerk shall forward to Barbara A. Whaley a certified copy of this resolution at 66 Westchester Drive, Cheektowaga, New York 14225, and at 27 Westchester Drive, Cheektowaga, New York 14225, together with a copy of the Court Order.

 

Attachments:

Delano, J. Order 7.17.2013 - 66 Westchester              (PDF)

 

 

 

 

 


             

 

              2. Resolution 2013-391                                         

Authorize Supervisor to Execute Supplemental Agreement No. 1 with NYSDOT for the Rein Road Bridge Rehabilitation Project

Sponsored By:  Supervisor Holtz, Councilmember Kaminski

 

              WHEREAS, a Project for the Rehabilitation of the Rein Road Bridge over Ellicott Creek, BIN 2212970 in the Town of Cheektowaga, Erie County, PIN 5758.38 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% Non-Federal funds; AND

 

              WHEREAS, by resolution dated October 4, 2010 this Town Board authorized the Town Supervisor to execute a Federal Aid Local Project Agreement for the Preliminary Engineering (Design I-VI) phase of said project, AND

 

              WHEREAS, the Town of Cheektowaga desires to advance the Project by making a commitment of 100% of the Non-Federal share of the costs of the Preliminary Engineering (Design I-VI) and Right-of-Way (Incidentals & Acquisition) phases of the Project, PIN 5758.38, NOW, THEREFORE, BE IT

 

              RESOLVED, that the Town Board of the Town of Cheektowaga hereby approves the above subject project and hereby authorizes the Town of Cheektowaga to pay in the first instance 100% of the Federal and Non-Federal shares of the cost of the Preliminary Engineering (Design I-VI) and Right-of-Way (Incidentals & Acquisition) phases of the Project or portions thereof, AND, BE IT FURTHER

 

              RESOLVED, that the sum of $19,195.00 is hereby appropriated from Account No. 300-9950-8000 in addition to $200,000.00 previously appropriated by Town Resolution No. 2010-579 adopted on October 4, 2010 and made available to cover the cost of participation in the Preliminary Engineering (Design I-VI) and Right-of-Way (Incidentals & Acquisition) phases of the Project; AND, BE IT FURTHER

 

              RESOLVED, that in the event the amount required to pay 100% of the full Federal and Non-Federal shares of the cost of the project's Preliminary Engineering (Design I-VI) and Right-of-Way (Incidentals & Acquisition) phases exceeds the amount appropriated, $219,195.00, the Town of Cheektowaga shall convene a meeting as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, AND, BE IT FURTHER

 

              RESOLVED, that the Supervisor of the Town of Cheektowaga is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the Town of Cheektowaga with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of Federal Aid and State Aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, AND, BE IT FURTHER

 

              RESOLVED, that a certified copy of this Resolution shall be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, AND, BE IT FURTHER

 

              RESOLVED, that this Resolution shall take effect immediately.