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Meeting #2 Meeting #2 page 32 At a regular
meeting of the Town Board of the Town of 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 62 Approve minutes Supervisor
Catalino moved and Councilman Erickson seconded that the reading of the minutes
of the Organizational and Carried. Supervisor
Catalino extended the privilege of the floor to any and all persons present. Bob Catalino,
Ron McPeek,
Town Crier will forward a copy of a resolution supporting the Seneca Nations as
a sovereign nation requesting New York State not to tax the Seneca nation with
sales tax. He is requesting the Town of
Charles
Militello, Robert Palmer,
Meeting #2 page 33 but recommended light industrial
for the Town of At this time
7:50pm a public hearing is scheduled as duly advertised in the Town Crier,
official newspaper of the Town of Evans to consider a Special Use Permit for
the purpose of the operation of a motor vehicle sales and service establishment
to be located at 8243 Erie Road (a.k.a. NYS Route 5), Angola, New York, part of
SBL#220.19-2-13 by petitioner, Paul Erickson. Larry Seegar, Paul Erickson,
There being no
one else wishing to speak the public hearing was closed at RESOLUTION 63 Amend Res #45 (St
Pt Advisory Board members) Supervisor
Catalino moved and Councilman Erickson seconded to amend resolution number 45
adopted January 7, 2004 to accept the membership of the Sturgeon Point Advisory
Board for the year 2004 as submitted by the Sturgeon Point Advisory Board, Paul
E. Ryerse Sr., Acting Secretary in a letter dated
January 13, 2004. VOTE RESULT: Supervisor
Catalino aye Councilman
Erickson aye Councilman
Govenettio aye Councilman
Csati aye Councilman
Bartus aye RESOLUTION 64 Sandra Brant, Planning Division RE:
Schedule PH for Special Use Permit for Councilman
Erickson moved and Councilman Csati seconded, WHEREAS: in a
letter dated January 15, 2004, the Evans Planning Board has requested that the
Town Board set a public hearing regarding the petition of First Place Finishes,
8259 M. Main St., Eden, NY 14057, for a special use permit for restoration and
custom painting of automobiles and motorcycles including collision repair, to
be located at 1526 Eden-Evans Center Rd., Angola, SBL#221.00-4-29 Meeting #2 page 34 NOW THEREFORE
BE IT RESOLVED: that the Town Board authorize the Town Clerk to advertise for a
public hearing to be held on AND BE IT
FURTHER RESOLVED: that a copy of this resolution be given to the Planning Division
Office and to the Building Department. Carried. At this time
8:00pm a public hearing is scheduled as duly advertised in the Town Crier,
official newspaper of the Town of Evans to consider the adoption of Proposed
Local Law #1 of the year 2004 by rezoning property situate in the Town of Evans
located at 8563 Erie Rd., Angola, New York being part of SBL#235.06-1-13 from
Residential-1 (R-1) to General Business (GB) or Motor Service (MS). Those speaking
in favor of the proposed rezoning: Shawn Hopkins
an attorney in the law firm of Renaldo and Palumbo, Joe Kwilos, Those speaking
in opposition of the proposed rezoning: Chris Trapp an
attorney in the law firm of Bouvier, O'Connor in
downtown Paul Pinto, John Gruka, Supervisor
Catalino presented letter from the following in opposition of the proposed
rezoning: Samuel C.
Pinto Mary A. Makowski Joan Dillon Sandra L. Brant, Chairman of
the Evans Planning Board There being no
one else wishing to speak, the public hearing was closed at Councilman Govenettio thanked the Chief of Police for the action taken
in the Meeting #2 page 35 RESOLUTION 65 Town Officials reports Supervisor
Catalino moved and Councilman Erickson seconded to accept the 2003 Year End
reports as submitted by Diana A. Cafferty, Receiver
of Taxes and Assessments. VOTE RESULT: Supervisor
Catalino aye Councilman
Erickson aye Councilman
Bartus aye Councilman
Csati aye Councilman
Govenettio aye RESOLUTION 66 PLL #3 (Recreation/Greenspace
fees) Supervisor
Catalino moved and Councilman Erickson seconded that Proposed Local Law #3of
the year 2003 Recreation/Greenspace fees remain under
old business on the agenda. Carried. RESOLUTION 67 Establishment of Recreation/Greenspace fees Supervisor
Catalino moved and Councilman Erickson seconded that establishing the
Recreation/Greenspace fees remain under old business
on the agenda. Carried. RESOLUTION 68
Sign Lakeshore Employee Testing Services Inc. agreement Councilman Csati moved and Councilman Erickson seconded, RESOLVED: that the
Town Board of the Town of Evans authorize Supervisor Catalino to sign the
Lakeshore Employee Testing Services, Inc. agreement effective January 1, 2004
through December 31, 2004 as per attached and subject to the approval of the
Town Attorney. (See Addendum B). Carried. RESOLUTION 69 Execute agreement
with Angola Public Library Councilman Bartus moved and Councilman Govenettio
seconded, Meeting #2 page 36 WHEREAS: the
Angola Public Library, hereinafter referred to as the ALibrary,
as a part of the Buffalo & Erie County Public Library system, has in the
past provided a valuable cultural and educational resource for the residents to
the Town, and to made is resources available to the residents of the Town, who
are qualified and registered users of the same, pursuant to the rules and
circulation of books, videos and other media, and WHEREAS: the
Library seeks from the Town funds to help defray the cost of its operations in
providing such services to the residents of the Town and others, and WHEREAS: the Town
is willing to pay to the Library, in consideration of such continued service
the sum of $2,500.00 towards the operational costs incurred by the Library in
the current calendar year; BE IT FURTHER RESOLVED: that upon the full execution of such agreement, and in
consideration of the provisions of such services by the Library, the Town make
the aforesaid payment of $2,500.00 to the Angola Public Library in accord with
said agreement. VOTE RESULT: Councilman
Bartus aye Councilman
Govenettio aye Councilman
Erickson aye Councilman
Csati aye Supervisor
Catalino aye RESOLUTION 70 Execute agreements with Southtowns
Haz-Mat; Meals on Wheels of Buffalo and Erie
County, Inc.; Building Relationships in
Development Government Education Services;
Angola Park & Gazebo Committee;
Evans Art Guild; Kids Day in the
Park & Lions Club of the Town of Evans;
Evans Little Cagers, Evans Junior Archery Program; Evans Buddy Baseball; Evans Youth Baseball; Lake Shore Youth Football; Lake Shore Youth Soccer Association
& Community Concern of Evans & Brant, NY Supervisor
Catalino moved and Councilman Govenettio seconded
that resolutions numbered Resolution #3 (Southtowns
HAZ-Mat) Meeting #2 page 37 WHEREAS: Southtowns HAZ-MAT Team has, in the past agreed with the
Town of Evans to provide emergency response to hazardous materials and
incidents in the Town of Evans (excluding the Village of Angola) and to provide
containment, entry reference decontamination and resource information and other
services in consideration of the sum of $5,000 per year, the period of such
agreement to run from January 1, 2004 to December 31, 2004; and WHEREAS: the
services contemplated by said Agreement, and to be provided by Southtowns HAZ-MAT, benefit the residents of the Town of
NOW THEREFORE
BE IT RESOLVED: that
Robert R. Catalino II, Supervisor of the Town of Resolution #4 (Meals on Wheels) WHEREAS: Meals on
Wheels of Buffalo and Erie County, Inc. has in the past provided services to
residents in the Town of Evans and is willing to provide such services for the
calendar year 2004 and, WHEREAS: Meals on
Wheels of Buffalo and Erie County, Inc. has been providing such services for
the year 2004, and is willing in consideration of the sum of $8,000, to provide
meal service for the elders of the Town of Evans, such service to consist of
meals a day, 5 days a week, and alternate provisions if weather prohibits
scheduled service, as well as a birthday card for the year 2004, NOW THEREFORE
BE IT RESOLVED: that
Robert R. Catalino II, Supervisor of the Town of Resolution #5 (Building Relationships in Development
Government Education Services; Meeting #2 page 38 WHEREAS: in the
past the Town of Evans has entered into contracts and/or agreements with
various organizations willing to organize and sponsor various events, programs
and/or activities in the Town of Evans or available to residents of the Town of
Evans which provide a benefit and enjoyment to residents of the Town; and WHEREAS: various
organizations have indicated a willingness to organize and sponsor certain such
events, programs and/or activities; and WHEREAS: to
defray the cost of the same the certain such organizations seek funds from the
Town; and WHEREAS: the Town
is willing, in consideration of the efforts of such organizations, to make
payment of sums to be herein specified to help defray the actual costs and
expenses of such of such program and activities, or a portion thereof; NOW THEREFORE BE IT RESOLVED: that
conditioned as further set forth herein, the Supervisor is authorized to enter
into and execute any contract or agreement appropriate, subject to the approval
of the Town Attorney, to monument such arrangements and that the Town make the
specified payments to such organizations in accord with such agreement or
contract as follows: 1. Building Relationships in Development
Government Education Services (B.R.I.D.G.E.S.) To render a service providing,
organizing and sponsoring post senior prom activities relative to the 2004 Lake
Shore Central High School Senior Prom, a sum not to exceed $250.00; 2. 3. Evans Art Guild, to render a service in
providing, organized and sponsoring various activities and cultural events,
including, but not limited to an art show or shows for the year 2004 , a sum
not to exceed $285.00 4. Kids Day in the Park, to render a service in
providing, organizing and sponsoring various activities and cultural events
generally and commonly referred to "Kids Day in the Park: for the year
2004, a sum not to exceed $200.00; and Meeting #2 page 39 5. Lions Club of the Town of Resolution #6 (Evans Little Cagers; Evans Junior Archery Program; Evans Buddy Baseball; Evans Youth Baseball, Inc.; Evans Youth Baseball, Inc.; Lakeshore Youth Football, Inc.; Lakeshore Youth Soccer Association) WHEREAS: in the
past the Town of Evans has entered into contracts and/or agreements with
various organizations willing to organize and sponsor various events, programs
and/or activities in the Town of Evans or available to residents of the Town of
Evans which provide a benefit and enjoyment to residents of the Town; and WHEREAS: various
organizations have indicated a willingness to organize and sponsor certain such
events, programs and/or activities; and WHEREAS: to
defray the cost of the same the certain such organizations seek funds from the
Town; and WHEREAS: the Town
is willing, in consideration of the efforts of such organizations, to make
payment of sums to be herein specified to help defray the actual costs and
expenses of such of such program and activities, or a portion thereof; NOW THEREFORE
BE IT RESOLVED: that
conditioned as further set forth herein, the Supervisor is authorized to enter
into and execute any contract or agreement appropriate, subject to the approval
of the town Attorney, to monument such arrangements and that the Town make the
specified payments to such organizations in accord with such agreement or
contract as follows: 1. Evans Little Cagers
to render a service in providing a youth basketball program for the 2003-2004,
a sum not to exceed $1,000.00; 2. Evans Junior Archery Program to render a
service in providing an archery program for the year 2004, a sum not to exceed
$475.00 3. Evans Buddy Baseball to render a service in
providing a league for handicapped individuals for the year 2004, a sum not to
exceed $725.00; Meeting #2 page 40 4. Evans Youth Baseball, Inc., to render a
service in providing a youth baseball program for the year 2004, a sum not to
exceed $6,650.00; 5. Evans Youth Baseball, Inc., to render a
service in providing a girl's softball program for the year 2004, a sum not to
exceed $1,700.00; 6. Lakeshore Youth Football, Inc. to render a
service in providing a youth football program for the year 2004, a sum not to
exceed $6,650.00; 7. Lakeshore Youth Soccer Association, to render
a service in providing a soccer program for the year 2004, a sum not to exceed
$6,650.00. BE IT FURTHER RESOLVED: that, in
the sole discretion of the Supervisor, the Supervisor may make a condition of such
contract and the payment of such funds to any such organization as the
Supervisor may elect a satisfactory review of said Organization's operating
budget and presentment to the Town of vouchers regarding expenditures made by
said Organization, and the filing with the Town of an inventory satisfactory to
the Supervisor, of assets, equipment and supplies employed in, on or in
connection with, said program, as well as a summary of disposition of such
assets, equipment and supplies disposed of since the last payment made by the
Town, detailing to whom such assets, equipment and supplies were transferred,
the consideration for such transfer and the date or dates of the same, or the
manner in which such assets, equipment and supplies were otherwise consumed. Resolution #7 (Community Concern) WHEREAS: Community
Concern of Evans and Brant, NY, Inc., referred to herein as Community Concern,
has offered to provide certain services to the residents of the Town of Evans, set forth
in a proposed agreement for the period commencing January 1, 2004 and
terminating on December 31, 2004, the compensation for which services pursuant
to said agreement shall be $46,000; and WHEREAS: the
services contemplated by said agreement, and to be provided by Community Concern,
benefit the residents of the Town of NOW THEREFORE
BE IT Meeting #2 page 41 RESOLVED: that
Robert R. Catalino II, the Supervisor of the Town of Evans, is hereby directed
to execute on behalf of the Town of Evans, said proposed agreement, in as many
counterparts as deemed appropriate in his discretion, and to deliver the same
to Community Concern and that the aforesaid payment be made to Community
Concern; and BE IT FURTHER RESOLVED: that a
copy of this resolution be delivered to Community Concern, when and if required
or requested by Community Concern. VOTE RESULT: Supervisor
Catalino aye Councilman
Govenettio aye Councilman
Csati aye Councilman
Erickson aye Councilman
Bartus aye RESOLUTION 71 Appt of Laborer/Gateguard/Nightwatchman Councilman Csati moved and Councilman Govenettio
seconded, RESOLVED: that
Gerald Beamish, 9655 VOTE RESULT: Councilman
Csati aye Councilman
Govenettio aye Councilman
Bartus aye Councilman
Erickson aye Supervisor
Catalino aye RESOLUTION 72 Town Licenses Supervisor
Catalino moved and Councilman Csati seconded that the
Town Licenses applied for be granted contingent upon the approval of the Chief
of Police and Department of Health as follows: Mobile Home Development William R. Pfeil D/B/A C.T.
Properties, Inc. Meeting #2 page 42 Town Licenses J.J. Parks Pub, Inc. D/B/A Castaways Bar & Grill -
Refreshment, Amusement & Live Band Lakeshore @ Bennett, Inc. D/B/A Peppers Restaurant -
Refreshment Jason A. North D/B/A Jeanne's Café, Inc - Refreshment Gary T. Ballowe D/B/A William J. Connors D/B/A Connors Hot Dog Stand -
Refreshment William J. Connors D/B/A Connors Hot Dog Stand ( Carried. RESOLUTION 73 Audit of Bills Councilman Csati moved and Councilman Erickson seconded that all
properly audited bills be paid out of their respective funds as set forth under
abstract of claims on this date as follows: GENERAL 1-123 84,423.87 PART TOWN 1-123 44,499.20 HIGHWAY 1-123 86,193.47 WATER 1-123 12,236.30 CAPITAL PROJECTS 1-123
280.00 SPECIAL DISTRICTS 1-123 65,603.82 VOTE RESULT: Councilman
Csati aye Councilman
Erickson aye Councilman
Govenettio aye Councilman
Bartus aye Supervisor
Catalino aye RESOLUTION 74 Adjournment Supervisor
Catalino moved and Councilman Govenettio seconded to
adjourn to a Work Session to be held on Carried. Respectfully submitted, Carol A. Meissner Town Clerk |