Meeting #1 January 7, 2004 Page 22 Evans Town Board At a regular meeting of the Town Board of the Town of Evans, held at the Town Hall, 8787 Erie Road, Angola, New York on Wednesday, January 7, 2004 at 7:30pm there were PRESENT: Karen E. Erickson Councilman Thomas A. Csati Councilman Joseph F. Govenettio Councilman Kathleen A. Bartus Councilman Robert R. Catalino, II Supervisor ALSO PRESENT: Carol A. Meissner Town Clerk J. Grant Zajas Town Attorney RESOLUTION 52 Approve minutes Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of December 17, 2003 be dispensed with and approved as submitted by the Town Clerk. Carried. Supervisor Catalino extended the privilege of the floor to any and all persons present. Charles Militello, 6840 Prescott Drive (see Addendum A) Ron McPeek, Publisher of the Town Crier, official newspaper of the Town of Evans apologized for a misprint in the last Town Crier and for any inconvenience it may have caused. He also recommended moving the Taste of Evans into the Village of Angola to run in coordination with the Village Jamfest. RESOLUTION 53 NYS Assoc of Towns RE: annual training school and meeting Feb. 15-18, 2004 Supervisor Catalino moved and Councilman Csati seconded to approve the requests of Supervisor Catalino, Councilman Erickson, Councilman Csati, Councilman Govenettio, Councilman Bartus, Town Attorney Zajas, Kathleen Karyczak, Sandra Brant, Chairman of the Planning Board; Carol A. Meissner, Town Clerk and Chuck Katra to attend the annual Association of Towns meeting in New York City from February 15-18, 2004 with all necessary and reasonable expenses incurred to be a town charge in accordance with the rules and regulations governing travel and education; and Meeting #1 January 7, 2004 Page 23 BE IT FURTHER RESOLVED: that Deputy Supervisor Erickson be designated voting delegate on behalf of the Town of Evans and Councilman Csati as alternate delegate. VOTE RESULT: Supervisor Catalino aye Councilman Csati aye Councilman Bartus aye Councilman Govenettio aye Councilman Erickson aye RESOLUTION 54 Kenneth Williams RE: opposition to the sale of land to Reid Petroleum Supervisor Catalino moved and Councilman Csati seconded to receive and file the correspondence from Kenneth Williams opposing the sale of land to Reid Petroleum. Carried. Councilman Govenettio reported, the Fiebelkorn property will have fishing access, picnicking and parking. The plans should be available in a couple of months. Supervisor Catalino thanked Chief of Police, Ferguson, Lt. George, police officers for the way they handled the numerous calls with the wind and brief storm and driving ban the previous night. I would also like to commend Ed and the Highway personnel in getting all the roads opened up in Town. RESOLUTION 55 Town Official reports Supervisor Catalino moved and Councilman Govenettio seconded to accept the Committee and Department Head reports as follows: Carol A. Meissner, Town Clerk Petty Cash $-0- Games of Chance Lic-Dec $25.00 Bingo Lic - Dec $243.75 Monthly Rpt-Dec $12,407.15 2003 Annual $161,639.67 Diana Cafferty, Rec. of Taxes & Assess.: 03-04 School Penalties $11,590.08 Dec Water receipts $137,892.44 Duplicate bills Dec $59.00 Dec interest $39.11 Meeting #1 January 7, 2004 page 24 VOTE RESULT: Supervisor Catalino aye Councilman Govenettio aye Councilman Bartus aye Councilman Erickson aye Councilman Csati aye RESOLUTION 56 PLL #3 of the year 2003, Recreation/Greenspace and establishment the fees for Recreation/Greenspace Supervisor Catalino moved Councilman Erickson seconded that Proposed Local Law #3 of the year 2003, Recreation/Greenspace and establishing the fees for Recreation/Greenspace remain under old business on the agenda. Carried. RESOLUTION 57 Approve the increase & improvements of Facilities of Water District #5 Supervisor Catalino moved and Councilman Erickson seconded, Resolution and Order After Public Hearing Approving the Increase and Improvements of Facilities of Water District No. 5 WHEREAS: the Town Board of the Town of Evans (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York, has, pursuant to Town Law Section 202-b retained Wendel Duchscherer Architects & Engineers, competent engineers duly licensed by the State of New York, to prepare a map, plan and report for the increase and improvements to the Water District No. 5 (the “District”), in the Town, involving (i) the connection to the 12-inch line on the west side of Old Lake Shore at McKinley, (ii) the installation of a new 8-inch waterline under Old Lake Shore Road, (iii) the installation of 8-inch and 6-inch waterline along McKinley; the 8-inch watermain will be extended to Woodcliff Drive and then new 6-inch waterline will be installed along Woodcliff, and (iv) the installation of fire hydrant at approximately the midpoint of each road, including apparatus and other improvements and costs incidental thereto, (the “District Improvement”); and pursuant to the direction of the Town the Engineer has completed and filed with the Town Board such map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be a maximum amount of $97,000; said cost to be financed by the issuance of serial bonds of the Town in the amount of $97,000; offset by any federal and state grants received; and Meeting #1 January 7, 2004 Page 25 WHEREAS: the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District 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, duly issued a negative declaration and/or other applicable documentation, which has been filed in the office of the Town Clerk. WHEREAS: the Town Board issued an Order at its November 5, 2003 meeting calling for a public hearing to be held at the Town Hall, 8787 Erie Road, Angola, New York, on the 3rd day of December, 2003 at 7:30pm o’clock p.m. (Prevailing time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other 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 this 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 state in the notices. NOW THEREFORE BE IT RESOLVED AND DETERMINED BY THE TOWN BOARD OF THE TOWN OF EVANS, 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 $97,000; and it is hereby DETERMINED, that the parcels and lots of the District shall be benefitted by said increase and improvement of the facilities of the District; and it is hereby Meeting 31 January 7, 2004 Page 26 ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer shall prepare 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 of said increase and improvement of the facilities shall be financed by the issuance of serial bonds of the Town in an amount not to exceed $97,000, and the costs of said increase and improvement of facilities shall be paid by the assessment, levy an collection of assessments from the several lots and parcels of land within the District to be collected in proportion of the benefit received by the several lots and parcels, except as provided by law. Dated: January 7, 2004 Town Board Town of Evans Carried. RESOLUTION 58 Bond Resolution for the Increase & Improvement of Facilities of Water District No. 5 Supervisor Catalino moved and Councilman Erickson seconded, Bond Resolution dated January 7, 2004 A Resolution of the Town of Evans Town Board dated January 7, 2004, authorizing the Increase and Improvement of Facilities of Water District No. 5 (Woodcliff Drive and McKinley Drive) at a maximum amount not to exceed $97,000, and authorizing the issuance of serial bonds in an aggregate principal amount not to exceed $97,000 of the Town of Evans, Erie County, New York, pursuant to the Local Finance Law to finance said purpose and delegating the power to issue Bond Anticipation Notes in anticipation of the sale of such bonds to the Town Supervisor. WHEREAS: The Town Board of the Town of Evans, Erie County, New York (the “Town”), has determined to proceed with the Increase and Improvement of Facilities of Water District No. 5 (the “District Improvement Project”); and Meeting #1 January 7, 2004 Page 27 WHEREAS: the Town Board desires to undertake the construction of the District Improvement, involving (i) the connection to the 12-inch line on the west side of Old Lake Shore at McKinley, (ii) the installation of a new 8-inch waterline under Old Lake Shore Road, (iii) the installation of 8-inch and 6-inch waterline along McKinley; the 8-inch watermain will be extended to Woodcliff Drive and then new 6-inch waterline will be installed along Woodcliff, and (iv) the installation of fire hydrant at approximately the midpoint of each road, including apparatus and other improvements and costs incidental thereto, (the “District Improvement”). WHEREAS: the Town Board desires to issue obligations of the Town to finance the costs of the District Improvement. BE IT RESOLVED: by the Town Board (by the favorable vote of not less than two-thirds of all members of the Board) as follows: Section 1. The specific purpose (herinafter referred to as “purpose”) to be financed pursuant to this resolution is the Increase and Improvement of facilities of the Water District No. 5 (the “District”) in the Town of Evans. The maximum cost of said purpose will not exceed $97,000. Section 2. The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $97,000 of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law. The cost of such improvement is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of assessments from the several lots and parcels of land within the District based on the benefit received by said lots and parcels, except as provided by law, sufficient to pay the principal of said bonds and the interest thereon as the same shall become due and payable. SECTION 3. It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty (40) 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. Meeting #1 January 7, 2004 Page 28 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 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 becoming due and payable in such year. There shall be the assessment, levy and collection of assessments from the several lots and parcels of land within the District to be collected in proportion of the benefit received by each of the said lots and parcels, except as provided by law, sufficient to pay the principal of and interest on such bonds as the same become due and payable. SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provision of Section 30.00 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 and Section 63.00 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 anticipations 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. SECTION 8. The expected source of funds to be used initially to pay for up to $97,000 of the expenditures authorized by Section 1 of this resolution 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 notes authorized herein, as required by United State 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 excludable from gross income for federal income tax purposes pursuant to Section 103 of the Infernal 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. Meeting #1 January 7, 2004 Page 29 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 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. SECTION 11 The Town has issued a negative declaration determining that the undertaking of the District Improvement will not have a significant effect on the environment. 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)(a) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or (b) 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 (b) (2) Said obligations are authorized in violation of the provisions of the Constitution of New York SECTION 13.This Resolution is effective immediately. SECTION 14 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 a newspaper having a general circulation in said town and designated as the official newspaper of said Town for such publication. The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows: VOTE RESULT: Supervisor Catalino aye Councilman Erickson aye Councilman Govenettio aye Councilman Bartus aye Councilman Csati aye RESOLUTION 59 Town Licenses Meeting #1 January 7, 2004 page 30 Supervisor Catalino moved and Councilman Erickson seconded that the following town licenses applied for be granted contingent upon approval of the Chief of Police and Department of Health: Mobile Home Development Ralph S Hogg D/B/A Melody Meadows Town Licenses Thomas L Perkins D/B/A East Evans Country Depot, Inc. - Refreshment, Live Band Chui Hung Wong D/B/A China King - Refreshment Thomas J Eoannou D/B/A Point Breeze R.V. Resort LLC - Refreshment, Amusement & Live Band Bradley J DiMartino D/B/A Town of Evans PBA 21st Annual Summer Party - Refreshment Robert J Insalaco D/B/A Bobbo’s Tacos & Subs Inc - Refreshment Robert J Insalaco D/B/A Bobbo’s Tacos & Subs Inc Patio - Refreshment Salvatore Aronica D/B/A Tubby’s Take Out - Refreshment George P Williams D/B/A Woodbine Inn - Refreshment, Amusement & Live Band George P Williams D/B/A Super Freeze - Refreshment 9632 Erie Rd., Inc D/B/A Evans Hill Pub - Refreshment, Amusement & Live Band Carrols Corp D/B/A Burger King - Refreshment Marcy M Eckl D/B/A Hennigans Shamrock Pub - Refreshment Henry W Laskowski D/B/A Henri’s Restaurant - Refreshment Robert J Pasinski D/B/A Jovial Bar II Inc - Refreshment, Amusement Vincent J Cala, Jr. D/B/A Cala’s Kitchen & Catering - Refreshment Eugene J Wachala D/B/A Pasquale’s - Refreshment Carried. RESOLUTION 60 Audit of Bills Councilman Csati moved and Councilman Bartus seconded that the all properly audited bills be paid out of their respective funds as set froth under abstract of claims on this date as follows: GENERAL 2957-3133 75,667.74 PART TOWN 2957-3133 43,721.93 HIGHWAY 2957-3133 36,116.90 WATER 2957-3133 96,856.83 CAPITAL PROJECTS 2957-3133 17,567.68 SPECIAL DISTRICTS 2957-3133 25,711.40 Meeting #1 January 7, 2004 Page 31 VOTE RESULT: Councilman Csati aye Councilman Bartus aye Councilman Govenettio aye Councilman Erickson aye Supervisor Catalino aye RESOLUTION 61 Adjournment Supervisor Catalino moved and Councilman Erickson seconded to adjourn to a Work Session to be held on Wednesday, January 14, 2004 at 5:00pm and then to the next regularly scheduled Town Board meeting to be held on Wednesday, January 21, 2004 at 7:30pm. Carried. Respectfully submitted, Carol A. Meissner Town Clerk