Weekly Feature



2016-11-10 / Legal Notices

Public Notices

— LEGAL NOTICE —

S & A Boutique LLC Articles of Organization filed with the Secretary of State of New York on October 11th, 2016. Office in Erie County. Secretary of State of New York is the designated agent of LLC upon whom process against it may be served. Secretary of State of New York shall mail copy of process to 8 Silent Meadow Lane, Lancaster, NY 14086. Purpose: Any lawful purpose.

Nov. 10, 17, 24; Dec. 1, 8, 15 — LEGAL NOTICE —

Grapevine d'Vine LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on 10/07/16. Office in Erie County. SSNY is the designated agent of LLC upon whom process against it may served. SSNY shall mail copy of process to 5500 Broadway, Lancaster, NY 14086. Purpose: Any lawful purpose.

Nov. 10, 17, 24; Dec. 1, 8, 15 — LEGAL NOTICE —

Dapper Dog Dining LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on 10/12/16. 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 62 2nd Avenue, Lancaster, NY 14086. Purpose: any lawful purpose.

Nov. 3, 10, 17, 24; Dec. 1, 8 — LEGAL NOTICE —

New LLC Formed: SARA & ADAM, LLC; Filed: 09/19/16; Address: 2 Kelly Ann Drive, Lancaster, NY 14086; Erie Co., NY; Service: NY Secty./State w/copy to LLC; General Purpose.

Oct. 27; Nov. 3, 10, 17, 24; Dec. 1 — LEGAL NOTICE —

Jonathan Ziders Personal Training LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on September 16, 2016. Office in Erie County. SSNY is the designated agent of LLC upon whom process against it may be served. SSNY shall mail a copy of process to C/O United States Corporation Agents, Inc., 7014 13th Avenue, Suite 202, Brooklyn, NY 11228. Purpose of LLC: Certified Personal Training Services.

Oct. 20, 27; Nov. 3, 10, 17, 24 — LEGAL NOTICE —

Centerland LLC, a domestic LLC, filed with the SSNY on 6/29/16. Office location: Erie County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to The LLC, 2 Main St., Depew, NY 14043. General purpose.

Oct. 6, 13, 20, 27; Nov. 3, 10 — LEGAL NOTICE —

TO THE ELECTORS OF THE

VILLAGE OF LANCASTER

The following is a true and correct list of offices to be filled at the Village Election on Tuesday, March 21, 2017:

Mayor – 4 Year Term

Trustee (At Large) – 4 Year Term

Trustee (At Large) – 4 Year Term

Village Justice – 4 Year Term

Dated: November 10, 2016 Michael E. Stegmeier, Village Clerk

Nov. 10 — LEGAL NOTICE —

TOL #1

REZONE-PUBLIC HEARING

6645 TRANSIT ROAD

TOWN OF LANCASTER

LEGAL NOTICE IS HEREBY GIVEN, that pursuant to the Town Law of the State of New York and pursuant to a resolution of the Town Board of the Town of adopted on November 7, 2016, the said Town Board will hold a Public Hearing on the 21st day of November, 2016 at 7:15 o'clock P.M., Local Time, at the Town Hall, 21 Central Avenue, Lancaster, New York, to hear all interested persons upon the following proposed amendment to the Zoning Ordinance and Zoning Map of the Town of Lancaster, rezoning the following described real property from a General Business District (GB) to Commercial Motor Service District (CMS) for the property known as 6645 Transit Road (SBL No. 82.03-1-51.11) within the Town of Lancaster, New York.

Full opportunity to be heard will be given to any and all citizens and all parties in interest.

TOWN BOARD OF THE

TOWN OF LANCASTER

BY: DIANE M. TERRANOVA

Town Clerk

November 10, 2016

Nov. 10 — LEGAL NOTICE —

TOL #2

PUBLIC HEARING
TOWN OF LANCASTER
SPECIAL USE PERMIT
PM PEPPERMINT, INC.

LEGAL NOTICE IS HEREBY GIVEN, that pursuant to the authority set forth in Chapter 50 Section 46 entitled Special use permits, of the Code of the Town of Lancaster, and the Town Law of the State of New York, and pursuant to a resolution of the Town Board of the Town of Lancaster, adopted on the 7TH day of November, 2016 the Town Board will hold a Public Hearing on the 21st day of November, 2016 at 7:15 o’clock P.M., Local Time, at the Town Hall, 21 Central Avenue, Lancaster, New York, to hear all interested persons upon the application of Paul Marinaccio, for a Special Use Permit to allow operations (Topsoil Shredding) not authorized in a current zoning classification (Sand, Gravel and Aggregates -SGA) on premises locally known as 31 Peppermint Road, in the Town of Lancaster, County of Erie, State of New York.

Full opportunity to be heard will be given to any and all citizens and all parties in interest.

TOWN BOARD OF THE

TOWN OF LANCASTER

BY: DIANE M. TERRANOVA

Town Clerk

November 10, 2016

Nov. 10 — LEGAL NOTICE —

TOL #3

NOTICE OF ADOPTION

AMENDMENT TO VEHICLE &

TRAFFIC ORDINANCE TOWN OF LANCASTER, COUNTY

OF ERIE, STATE OF NEW YORK

NOTICE IS HEREBY GIVEN that the Vehicle and Traffic Ordinance of the Town of Lancaster, Erie County, New York, designated as Chapter 46 of the Code of the Town of Lancaster is hereby amended as follows:

CHAPTER 46

ARTICLE VIII -Stop Intersections; Non-Intersection Stops; Yield intersections

46-8.1 Stop Intersections designated, is hereby amended by adding thereto the following:

Deer Cross Subdivision

STREET NAME / INTERSECTING STREET / SIGN LOCATION

Via Donato East / Via Tripodi / N.E. Corner November 10, 2016 STATE OF NEW YORK : COUNTY OF ERIE : OF LANCASTER :

THIS IS TO CERTIFY that I, JOHANNA M. COLEMAN, Town Clerk of the Town of Lancaster in the said Town of Lancaster in the said County of Erie, have compared the foregoing copy of an amendment to the Vehicle and Traffic Ordinance of the Town of Lancaster, with the original thereof filed in my office at Lancaster, New York on the 7th day of November 2016 and that the same is a true and correct copy of said original, and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said Town, this 7th day of November 2016.

Diane M. Terranova, Town Clerk

Nov. 10 — LEGAL NOTICE —

TOL #4

PUBLIC HEARING

TOWN OF LANCASTER

SPECIAL USE PERMIT

PM PEPPERMINT, INC.

LEGAL NOTICE IS HEREBY GIVEN, that pursuant to the authority set forth in Chapter 50 Section 46 entitled Special use permits, of the Code of the Town of Lancaster, and the Town Law of the State of New York, and pursuant to a resolution of the Town Board of the Town of Lancaster, adopted on the 7TH day of November, 2016 the Town Board will hold a Public Hearing on the 21st day of November, 2016 at 7:15 o’clock P.M., Local Time, at the Town Hall, 21 Central Avenue, Lancaster, New York, to hear all interested persons upon the application of Paul Marinaccio, for a Special Use Permit to allow Mining Operations in the current zoning classification (Sand, Gravel and Aggregates -SGA) on premises locally known as 31 Peppermint Road, in the Town of Lancaster, County of Erie, State of New York.

Full opportunity to be heard will be given to any and all citizens and all parties in interest.

TOWN BOARD OF THE

TOWN OF LANCASTER

BY: DIANE M. TERRANOVA

Town Clerk

November 10, 2016

Nov. 10 — LEGAL NOTICE —

TOL #5

NOTICE OF ADOPTION

AMENDMENT TO VEHICLE &

TRAFFIC ORDINANCE TOWN OF LANCASTER, COUNTY

OF ERIE, STATE OF NEW YORK

NOTICE IS HEREBY GIVEN that the Vehicle and Traffic Ordinance of the Town of Lancaster, Erie County, New York, designated as Chapter 46 of the Code of the Town of Lancaster is hereby amended as follows:

CHAPTER 46

ARTICLE X – Parking, Standing, and Stopping

46-12. Parking prohibited in designated locations, is hereby amended by adding thereto the following:

B. The parking of vehicles is hereby prohibited in any of the following locations from November 15 to March 15:

1. Deer Cross Subdivision.

(a) On the North side of Via Donato from the property line border between lots 25 and 27 spaced 100’ apart heading east around both bends ending at the property line border between lots 29 and 31.

(b) On the South side of Via Donato from the intersection with Via Tripodi heading west, spaced 100’ apart and ending at the property line border between lots 26 and 24.

(c) On the South side of Via Donato from the intersection with Via Tripodi heading east, spaced 100’ apart and ending at the property line border between lots 36 and 38

(d) On the East side of Via Tripodi, two signs, first sign placed 30’ from the centerline of William Street, second sign placed 100’ thereafter.

(e) Centerline of Both sides of Via Tripodi island median.

C. The parking of vehicles is hereby prohibited from here to the corner in any of the following locations:

1. From November 15 to March 15.

(A) Deer Cross Subdivision.

(1) On the West side of Via Tripodi, placed 130’ from the centerline of William Street. and

ARTICLE X – Parking, Standing, and Stopping

46-13. Standing prohibited in designated locations, is hereby amended by adding thereto the following:

B. The standing of vehicles is hereby prohibited in any of the following locations from November 15 to March 15:

1. Deer Cross Subdivision.

(a) On the North side of Via Donato from the property line border between lots 25 and 27 spaced 100’ apart heading east around both bends ending at the property line border between lots 29 and 31.

(b) On the South side of Via Donato from the intersection with Via Tripodi heading west, spaced 100’ apart and ending at the property line border between lots 26 and 24.

(c) On the South side of Via Donato from the intersection with Via Tripodi heading east, spaced 100’ apart and ending at the property line border between lots 36 and 38

(d) On the East side of Via Tripodi, two signs, first sign placed 30’ from the centerline of William Street, second sign placed 100’ thereafter.

(e) Centerline of Both sides of Via Tripodi island median.

C. The standing of vehicles is hereby prohibited from here to the corner in any of the following locations:

1. From November 15 to March 15.

A. Deer Cross Subdivision.

(1) On the West side of Via Tripodi, placed 130’ from the centerline of William Street. November 10, 2016 STATE OF NEW YORK : COUNTY OF ERIE : OF LANCASTER :

THIS IS TO CERTIFY that I, DIANE M. TERRANOVA, Town Clerk of the Town of Lancaster in the said Town of Lancaster in the said County of Erie, have compared the foregoing copy of an amendment to the Vehicle and Traffic Ordinance of the Town of Lancaster, with the original thereof filed in my office at Lancaster, New York on the 7th day of November 2016 and that the same is a true and correct copy of said original, and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said Town, this 7th day of November, 2016.

Diane M. Coleman, Town Clerk

Nov. 10 — LEGAL NOTICE —

TOL #6

TOWN OF LANCASTER

NOTICE OF ADOPTION OF

2017 BUDGET OF THE

TOWN OF LANCASTER

NOTICE TO THE CITIZENS

OF THE TOWN OF LANCASTER

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Lancaster has adopted the 2017 Budget of the Town of Lancaster, which includes a summary of the entire proposed 2017 Budget of the Town of Lancaster, and that said Budget is on file with the Town Clerk, 21 Central Avenue, Lancaster, New York, and available for public inspection from 9:00 A.M. to 5:00 P.M., on Monday through Friday.

TOWN OF LANCASTER

DIANE M. TERRANOVA

Town Clerk

November 10, 2016

Nov. 10 — LEGAL NOTICE —

TOL #7

PUBLIC HEARING

TOWN OF LANCASTER

SPECIAL USE PERMIT

SUPERIOR PALLETS, INC.

LEGAL NOTICE IS HEREBY GIVEN, that pursuant to the authority set forth in Chapter 50 Section 46 entitled Special use permits, of the Code of the Town of Lancaster, and the Town Law of the State of New York, and pursuant to a resolution of the Town Board of the Town of Lancaster, adopted on the 7TH day of November, 2016 the Town Board will hold a Public Hearing on the 21st day of November, 2016 at 7:15 o’clock P.M., Local Time, at the Town Hall, 21 Central Avenue, Lancaster, New York, to hear all interested persons upon the application of David Goettel, for a Special Use Permit to allow an accessory use operation (recycling of old damaged pallets to create landscape mulch) not authorized in a current zoning classification (Light Industrial LI) on premises locally known as 3981 Walden Avenue, in the Town of Lancaster, County of Erie, State of New York.

Full opportunity to be heard will be given to any and all citizens and all parties in interest.

TOWN BOARD OF THE

TOWN OF LANCASTER

BY: DIANE M. TERRANOVA

Town Clerk

November 10, 2016

Nov. 10

— LEGAL NOTICE —

NOTICE OF SPECIAL SCHOOL

DISTRICT MEETING AND VOTE

DEPEW UNION FREE

SCHOOL DISTRICT

ERIE COUNTY, NEW YORK

The Board of Education of the Depew Union Free School District, Erie County, New York (the “District”) HEREBY GIVES NOTICE that a Special Meeting and Vote of the qualified voters of the District will be held on Tuesday, December 13, 2016 in the library at the Cayuga Heights Elementary School Building, 1780 Como Park Boulevard, Depew, New York, in the District, at 12:00 p.m., local time, for the purpose of voting by electronic scan machines upon each of the three propositions hereinafter set forth. Polls for the purpose of voting will be kept open between the hours of 12:00 p.m. and 9:00 p.m., local time, on that day. In the event that the District’s schools are closed on December 13, 2016 due to emergency or inclement weather (or for any other reason), the date of the Special Meeting and Vote will be changed, without further notice, to the date on which the District’s schools are next open.

PROPOSITION NO. 1

CAPITAL IMPROVEMENTS

PROJECT, 2016

(AND ESTABLISHMENT OF A

NEW CAPITAL RESERVE FUND)

Shall the following resolutions be adopted, to-wit:

RESOLVED, that the Board of Education (the “Board”) of the Depew Union Free School District, Erie County, New York (the “District”), is hereby authorized to undertake the first component of a proposed two-part capital improvements project (the “Proposition No. 1 Project”) consisting of the reconstruction and renovation of, and the construction of improvements and upgrades to, various District buildings and facilities (and the sites thereof), to implement various health, safety, accessibility and Code compliance measures required by the State Education Department in connection with any significant capital project and various other measures that are generally described in (but not to be limited by) the written plan for the Proposition No. 1 Project that was prepared by the District with the assistance of Young + Wright Architectural (the “Proposition No. 1 Project Plan”), which is available for public inspection in the offices of the District Clerk, such work being anticipated to include, without limitation and to the extent as and where required, the particular items described below. Proposed improvements are anticipated to include new roofs at the schools at the District’s campus; HVAC improvements including direct digital controls, rooftop exhaust fans, and other heating and cooling system upgrades at the High School; new boilers, rooftop ventilation units for the kitchen, dust collection system, and hot water cabinet unit heaters at the Middle School; new condensing rooftop units for the kitchen, exhaust fans, duct work, new boilers, and computer classroom cooling system improvements at Cayuga Heights Elementary School; and bathroom ventilation at the District’s bus garage. Other improvements at the High School are anticipated to include site sanitary piping upgrades; interior finish upgrades including walls, ceilings, and exterior doors; a digital monument sign; expansion joints; stage wood flooring; and accessibility improvements including an ADA ramp to the main entry. Other upgrades at the Middle School are anticipated to include renovation of existing offices, hallways, and main entrances to improve building safety; new electrical switch gear; and new exterior stairs and ramps. Other improvements at the Cayuga Heights Elementary School are anticipated to include a public address system; renovation and reconfiguration of nurse’s suite including a new ADA bathroom; and masonry and expansion joint upgrades at the gymnasium. The foregoing components of the Proposition No. 1 Project (or so much thereof as can be accomplished within the overall budget for the Proposition No. 1 Project, once the construction bids are received) are to be undertaken at an estimated maximum cost of $9,226,342, and will include the purchase of original furnishings, equipment, machinery and apparatus required in connection with the purposes for which such buildings, facilities and sites are used, and all ancillary or related work required in connection therewith, and the Board is authorized to expend therefor, including for preliminary costs and costs incidental thereto and to the financing thereof, an amount not to exceed the maximum estimated cost of $9,226,342, provided that the detailed costs of the components of the Proposition No. 1 Project (as generally described in the Proposition No. 1 Plan) may be reallocated among such components, or such components may be deleted, revised or supplemented if (1) the Board shall determine that such reallocation, deletion, revision or supplementation is in the best interests of the District and (2) the aggregate amount to be expended for the Proposition No. 1 Project shall not exceed $9,226,342 and (3) no material change shall be made in the overall scope and nature of the Proposition No. 1 Project; and be it further

RESOLVED, that the Board is hereby authorized to expend or apply toward the Proposition No. 1 Project, during the current fiscal year of the District, the entire balance (which stood at approximately $1,620,000 as of August 31, 2016), plus any additional interest earned, from the District’s existing Capital Reserve Fund, and then to terminate such Fund; and be it further

RESOLVED, that a tax is hereby voted to finance the balance of the estimated maximum cost of the Proposition No. 1 Project in an amount not to exceed $7,606,342, 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, obligations of the District (including, without limitation, serial bonds, statutory installment bonds, qualified zone academy bonds, and/or lease/purchase obligations structured as qualified zone academy bonds) are hereby authorized to be issued in an aggregate principal amount of not to exceed $7,606,342, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and be it further

RESOLVED, that New York State Building 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; and be it further

RESOLVED, that the Board is hereby authorized to establish a new capital reserve fund of the District pursuant to Section 3651 of the Education Law of the State of New York (the “Fund”); that the Fund shall be known as the “Capital Improvements Reserve Fund, 2016” of the District; that the Fund shall be established for the purpose of financing, in whole or in part, the acquisition, construction, reconstruction, expansion, renovation, alteration and improvement of buildings, facilities, sites and real property by the District, or the District’s share of the cost of any capital improvements project undertaken by a Board of Cooperative Educational Services (“BOCES”) of which the District is or may be a component district including, in all cases, the acquisition of necessary furnishings, equipment, machinery and apparatus; that the ultimate amount of the Fund shall be not greater than $8,000,000 (plus interest earned thereon); that the probable term of the Fund shall be not longer than ten (10) years; and that the permissible sources from which the Board is authorized to appropriate monies to the Fund from time to time shall be (a) amounts applied thereto from budgetary appropriations of the District from time to time, (b) amounts from unappropriated fund balance of the District as directed by the Board from time to time; (c) to the extent specifically directed by the Board, State aid received as reimbursement for expenditures by the District in connection with District capital improvements projects (whether or not such expenditures were financed in whole or in part from such Fund); (d) proceeds from the sale of real or personal property owned by the District, if permitted by law and if so directed by the Board; and (e) such other sources as the Board or the voters of the District may direct from time to time, all as may be permitted by law.

NOTICE IS HEREBY FURTHER GIVEN that such Proposition No. 1 shall appear on the scannable ballot sheet to be utilized at the Special Meeting and Vote in substantially the following abbreviated form:

PROPOSITION NO. 1

CAPITAL IMPROVEMENTS

PROJECT, 2016

(AND ESTABLISHMENT OF A

NEW CAPITAL RESERVE FUND)

YES NO

Shall the following resolution be adopted, to wit:

RESOLVED, that (a) the Board of Education (the “Board”) of the Depew Union Free School District, Erie County, New York (the “District”) is hereby authorized to undertake the first component of a two-part capital improvements project, consisting of the reconstruction and renovation of, and the construction of improvements and upgrades to, various District buildings and facilities (and the sites thereof), to implement various health, safety, accessibility and Code compliance measures and various other measures included and generally described in (but not to be limited by) the Proposition No. 1 Project Plan referred to in the public notice of the vote on this Proposition No. 1 (collectively, the “Proposition No. 1 Project”), and to expend therefor an amount not to exceed $9,226,342; (b) the Board is authorized to expend toward such Proposition No. 1 Project the entire balance (being approximately $1,620,000 as of August 31, 2016, plus any additional interest earned) from the District’s existing Capital Improvements Reserve Fund, and then to terminate such Fund; (c) a tax is hereby voted in an amount not to exceed $7,606,342 to finance the balance of the cost of the Project, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; (d) in anticipation of such tax, obligations of the District are hereby authorized to be issued in the maximum aggregate principal amount of not to exceed $7,606,342, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; (e) New York State Building 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; and (f) the Board is hereby authorized to establish a new $8,000,000 “Cap- ital Improvements Reserve Fund, 2016” having a term of 10 years (the details of which were set forth in the public notice of the vote on this Proposition

No. 1).

PROPOSITION NO. 2

(CONTINGENT)

ATHLETIC FACILITIES IMPROVEMENTS PROJECT, 2016

If (and only if) Proposition No. 1 presented herewith shall be approved by the voters of the District, shall the following resolutions also be adopted, to wit:

(Please note that this Proposition No. 2, even if approved by the voters of the District, will have no effect, and the work described herein will not be undertaken, unless Proposition No. 1 presented herewith is also approved.)

RESOLVED, that the Board of Education (the “Board”) of the Depew Union Free School District, Erie County, New York (the “District”), is hereby further authorized: (a) to undertake the second component of a proposed two-part capital improvements program (the “Proposition No. 2 Project”), consisting primarily of athletic facilities upgrades and improvements, as well as some auditorium lighting improvements, and to undertake various other measures that are generally as described in (but not to be limited by) the written plan for the Proposition No. 2 Project that was prepared by the District with the assistance of Young + Wright Architectural (the “Proposition No. 2 Project Plan”), that is available for public inspection in the offices of the District Clerk, such work being anticipated to include, without limitation and to the extent as and where required, the development of a synthetic turf multi-purpose athletic field, including softball, baseball and soccer/field hockey/lacrosse fields, a subsurface storm water management system, ADA-accessible walkways, and possibly dugouts, bleachers, and lights, all at the site of the District’s existing baseball field near Como Park Boulevard, as well as auditorium lighting upgrades. The foregoing components of the Proposition No. 2 Project (or so much thereof as may be reasonably accomplished, given the level of construction bids received) will include the purchase of original furnishings, equipment, machinery and apparatus required in connection with the purposes for which such facilities and sites are used, and all ancillary or related work required in connection therewith. The District will be authorized to expend for the Proposition No. 2 Project, including for preliminary costs and costs incidental thereto and to the financing thereof, an amount not to exceed the estimated maximum cost of $6,397,842, provided that the detailed costs of the components of the Proposition No. 2 Project (as set forth in the Proposition No. 2 Project Plan) may be reallocated among such components, or such components may be deleted, revised or supplemented if (1) the Board shall determine that such reallocation, deletion, revision or supplementation is in the best interests of the District and (2) the aggregate amount to be expended for the Proposition No. 2 Project shall not exceed $6,397,842 and (3) no material change shall be made in the overall scope and nature of the Proposition No. 2 Project; and be it further

RESOLVED, that the Board is hereby authorized to expend or apply toward Proposition No. 2 Project $1,450,000, from the District’s new Capital Improvements Reserve Fund, 2016 that is to be established pursuant to Proposition No. 1 presented herewith; and be it further

RESOLVED, that a tax is hereby voted to finance the balance of the estimated maximum cost of the Proposition No. 2 Project in an amount not to exceed $4,947,842, 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, obligations of the District (including, without limitation, serial bonds, statutory installment bonds, qualified zone academy bonds, and/or lease/purchase obligations structured as qualified zone academy bonds) are hereby authorized to be issued in an aggregate principal amount of not to exceed $4,947,842, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and be it further

RESOLVED, that New York State Building 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 scannable ballot sheet to be utilized at the Special Meeting and Vote in substantially the following abbreviated form:

PROPOSITION NO. 2

(CONTINGENT)

ATHLETIC FACILITIES IMPROVEMENTS PROJECT, 2016

YES NO

If Proposition No. 1 presented herewith shall be approved by the voters of the District, shall the following resolution also be adopted and approved, to-wit:

(Please note that this Proposition No. 2, even if approved by the voters of the District, will have no effect, and the work described herein will not be undertaken, unless Proposition No. 1 presented herewith is also approved.)

RESOLVED, that (a) the Board of Education (the “Board”) of the Depew Union Free School District, Erie County, New York (the “District”) is hereby authorized to undertake the second component of a proposed two-part capital improvements program involving the renovation and upgrade of the District’s athletic facilities (and the sites thereof) and certain other measures, as generally described in (but not to be limited by) the Proposition No. 2 Plan that was referred to in the public notice of the vote on this Proposition No. 2, and to expend therefor an amount not to exceed the estimated maximum cost of $6,397,842; (b) the Board is authorized to expend or apply toward the Proposition No. 2 Project $1,450,000 from the District’s new Capital Improvements Reserve Fund, 2016 that is to be established pursuant to Proposition No. 1 presented herewith; (c) a tax is hereby voted in an amount not to exceed $4,947,842 to finance the balance of such estimated maximum cost, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; (d) in anticipation of such tax, obligations of the District are hereby authorized to be issued in the maximum aggregate principal amount of $4,947,842, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and (e) New York State Building Aid funds expected to be received by the District are anticipated to offset a substantial part of such cost, and such funds shall, to the extent received, be applied to offset and reduce the amount of taxes herein authorized to be levied.

PROPOSITION NO. 3

ESTABLISHMENT OF A CAPITAL

RESERVE FUND FOR THE

ACQUISITION OF BUSES AND

SIMILAR VEHICLES AND

ITEMS OF MACHINERY AND

EQUIPMENT

YES NO

Shall the following resolution be adopted, to wit:

RESOLVED, that the Board of Education (the “Board”) of the Depew Union Free School District, Erie County, New York (the “District”) is hereby authorized to establish a second new capital reserve fund (the “Fund”) for the acquisition of and financing of various buses, similar vehicles and related equipment (for use in the transportation program of the District) and various vehicles and items of machinery and equipment (for use in the construction and maintenance programs of the District), all pursuant to Section 3651 of the Education Law of the State of New York; that the Fund shall be known as the “Vehicles and Equipment Reserve Fund, 2016”; that the ultimate amount of the Fund shall be not greater than $10,000,000 (plus interest earned thereon); that the probable term of the Fund shall be not longer than ten (10) years; and that the permissible sources from which the Board is authorized to appropriate monies to such Fund from time to time shall be (a) amounts applied thereto from budgetary appropriations of the District from time to time, (b) amounts from unappropriated fund balance of the District as directed by the Board from time to time; (c) to the extent specifically directed by the Board, State aid received as reimbursement for expenditures by the District in connection with District transportation-related expenses (whether or not such expenditures were financed in whole or in part from such Fund); (d) proceeds from the sale of real or personal property owned by the District, if permitted by law and if so directed by the Board; and (e) such other sources as the Board or the voters of the District may direct from time to time, all as may be permitted by law.

NOTICE IS HEREBY FURTHER GIVEN that an Environmental Assessment Form has been completed for all of the anticipated work involved in the Proposition No. 1 Project and the Proposition No. 2 Project, which constitute, collectively, a Type I action under the State Environmental Quality Review Act (“SEQRA”), a thorough review of such Projects’ potential environmental impacts has been undertaken, it has been found that the Projects 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.

NOTICE IS HEREBY FURTHER GIVEN that applications for absentee ballots may be obtained at the office of the District Clerk between the hours of 9:00 a.m. and 4:00 p.m., local time. Completed applications must be received by the District Clerk at least seven days before the Special Meeting and Vote, if the ballot is to be mailed to the voter, or on the day before the Special Meeting and Vote, if the ballot is to be delivered personally to the voter. All completed absentee ballots must be received by the office of the District Clerk no later than 5:00 p.m. on Tuesday, December 13, 2016. The list of all persons to whom absentee ballots shall have been issued will be available for inspection in the office of the District Clerk, between the hours of 9:00 a.m. and 4:00 p.m., local time, until the day set for voting, except for Saturdays, Sundays and holidays, at 5201 South Transit Road, Depew, New York.

Dated: Depew, New York
October 18, 2016
BY ORDER OF THE BOARD OF
EDUCATION OF DEPEW UNION
FREE SCHOOL DISTRICT, ERIE
COUNTY, NEW YORK
By: Jessica L. Neischel
District Clerk
Oct. 27; Nov. 3, 10, 17

Return to top