EVANS TOWN BOARD MEETING MINUTES - 1-5-2005
BACK TO MINUTES HOME PAGE

Meeting #2
January 19, 2005
page 32

 

Evans Town Board

At a regular meeting of the Town Board of the Town of Evans, held at the Evans Town Hall, 8787 Erie Road, Angola, New York on Wednesday, January 19, 2005 at 7:30pm there were

PRESENT Karen E. Erickson 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

ABSENT: Thomas A. Csati Councilman
 
RESOLUTION 69 Approve minutes

Supervisor Catalino moved and Councilman Govenettio seconded that the reading of the minutes of the meeting of November 3, 2004 as amended, the Organizational Meeting of January 5, 2005 rescinding resolution number 26 and the regular meeting of January 5, 2005 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.

Robert Ferguson, Chief of Police, Town of Evans introduced Detective Ernest Masullo, who is the president of the Evans Police Benevolent Association.  The police department wanted to show the Town Board and the residents the new uniforms and new patches that have been developed by the members of the PBA.  Officer DiMartino, Czora and Masullo modeled the new uniforms.  These officers took part in developing the new uniforms.

Detective Masullo thanked the Town Board, in particular Councilman Erickson and Chief of Police Ferguson for their cooperation.

Colleen and Don Henson, 9598 Hardpan Road outlined the problems they have encountered with their neighbor, Glen McKillen regarding junk cars, garbage, rodents, tires and snakes on his property since 2003.  Mr. and Mrs. Henson want to know when something will be done in State Supreme Court.

Michael Hokan, 9620 Hardpan Road also complained about junk cars on the McKillen property and his property making it difficult for him to enter or leave his property.

Charles Militello, 6840 Prescott Drive explained the Towns of Eden and Brant both


Meeting #2

January 19, 2005

page 33

have Deputy Supervisor's that aren't compensated.  He questioned why the Town of Evans pays the Deputy Supervisor $8,000.00 a year.  Is it because of a much larger population in the Town of Evans.  He doesn't feel it should be part of the Organizational Meeting.

Supervisor Catalino apologized to Mr. and Mrs. Henson and will get the matter straightened out in the next couple of weeks.

RESOLUTION 70 Clement Janish RE: resignation from Sturgeon Point Advisory Board

 Supervisor Catalino moved and Councilman Erickson seconded to accept the resignation of Clement Janish from the Sturgeon Point Advisory Board and thank him for his years of service.

Carried.

 RESOLUTION 71 Village of Angola RE: request use of 2 voting machines for General Election March 15, 2005

 Supervisor Catalino moved and Councilman Erickson seconded to approve the request of the Village of Angola for the use of two (2) voting machines for the Village General Election to be held on March 15, 2005.

Carried.

 Councilman Bartus presented the following reports:

-Letters of commendation from Chief Ferguson for an incident on January 7, 2005 to Lieutenant Thomas George, Detective Ernest Masullo, Patrolmen Tracy O=Donnell, Jeffrey Mayer and Peter Smith and Dispatcher Amy Hamm.

-Letter of commendation from Chief Ferguson from December 29, 2004 on their quick thinking and response to an emergency situation to Patrolmen Douglas Czora, Bradley DiMartino, Michael Masullo, Bruce Green Jr. and Dispatcher Debbie Dalton with a special commendation to Lieutenant Charles Danzi.

 Councilman Govenettio apologized to Mr. and Mrs. Henson for this matter taking such a long time.

 Councilman Erickson also apologized to the Henson=s and assured them that the Town will do everything to pursue this matter.

-Fortunate that the Town has police officers who take pride in themself and their job by taking an interest in their town and their uniforms.

-Letter from Erie County Block Grants notifying the Town of Evans of Block Grants approved for the following:

Rural Transit Service $204,651.00, Seneca Road - paving and drainage $61,000.00 and Elmwood Street paving and drainage $90,000.00.


Meeting #2

January 19, 2005

page 34

 RESOLUTION 72 Committee and Department Head reports

Supervisor Catalino moved and Councilman Bartus seconded to approve the Committee and Department Head reports as follows:

 Diana A. Cafferty, Receiver of Taxes and Assessments:

Water receipts December 2004                 $104,026.32

Duplicate bills & receipts December 2004            $72.00

Interest December 2004                             $27.18

VOTE RESULT:       Supervisor Catalino  aye

Councilman Bartus   aye

Councilman Govenettio       aye

Councilman Erickson           aye

 RESOLUTION 73 White minor subdivision

 Supervisor Catalino moved and Councilman Erickson seconded that the White minor subdivision remain under old business on the agenda.

Carried.

 RESOLUTION 74   Authorize Supervisor to sign 2005 contracts with fire companies

 Councilman Govenettio moved and Councilman Bartus seconded,

 WHEREAS: there has been established in the Town a fire protection district known as the Angola Fire Protective Fire District, and

 WHEREAS: pursuant to notice duly published according to law, the Town Board of the Town of Evans did conduct a public hearing on November 6, 2004 at the Evans Town Hall, to consider proposed contracts for the fiscal year 2005 for the furnishing of fire protection and/or emergency ambulance service and heard all persons interested in the same,

 NOW THEREFORE BE IT

 RESOLVED:             that the Town Board of the Town of Evans enter into a contract for fire protection and/or emergency ambulance service with the Angola Fire Company, Evans Center Fire Company, Lake Erie Beach Fire Company and the Highland Hose Fire Company and said fire departments shall receive the following amounts:


Meeting #2

January 19, 2005

page 35

 Angola Fire Company

$24,700 Emergency Ambulance Service

$101,125 Fire Protection

$10,200 Capital Improvement

 Lake Erie Beach Fire Company

$24,700 Emergency Ambulance Service

$134,000 Fire Protection

$91,800 Capital Improvement

 Evans Center Fire Company

$24,700 Emergency Ambulance Service

$134,000 Fire Protection

$91,800 Capital Improvement

 Highland Hose Fire Company

$24,700

 AND BE IT FURTHER

 RESOLVED:             that the Supervisor is hereby authorized to sign the 2005 contracts with the said fire companies upon approval by the Town Attorney.

Carried.

 RESOLUTION 75 Authorize Supervisor to sign agreement with LaSalle Ambulance (Rural Metro)

 Councilman Erickson moved and Councilman Bartus seconded,

 WHEREAS: the Town of Evans has contracted with LaSalle Ambulance D/B/A Rural Metro Medical Services (hereinafter, Rural Metro) for ambulance service to the Town of Evans since 2001; and

 WHEREAS: the Town Board deems it reasonable and appropriate to renew and/or extend said contract for an additional one year period pursuant to the existing terms and conditions

 NOW THEREFORE BE IT

 Meeting #2

January 29, 2005

page 36

 RESOLVED:             that the Supervisor is hereby authorized to sign the agreement with Rural Metro for ambulance service for the period January 1, 2005 to December 31, 2005, subject to the approval of the Town Attorney.

Carried.

 RESOLUTION 76 Authorize Supervisor to sign agreement for Senior Service Nutrition program

 Councilman Erickson moved and Councilman Bartus seconded,

 RESOLVED:             that the Town Board of the Town of Evans authorize the Supervisor to sign the renewal agreement for the Senior Service Nutrition Program for the year 2005.

Carried.

 RESOLUTION 77 Execute agreement with Community Concern of Evans & Brant

 Councilman Erickson moved and Councilman Bartus seconded,

 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, 2005 and terminating on December 31, 2005, 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 Evans;

 NOW THEREFORE BE IT

 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.


Meeting #2

January 19, 2005

page 37

 Carried.

 RESOLUTION 78  Execute agreement with Southtowns Haz-Mat

 Councilman Erickson moved and Councilman Govenettio seconded,

 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, 2005 to December 31, 2005; and

 WHEREAS: the services contemplated by said Agreement, and to be provided by Southtowns Haz-Mat, benefit the residents of the Town of Evans;

 NOW THEREFORE BE IT

 RESOLVED:             that Robert R. Catalino, II, Supervisor of the Town of Evans, is hereby directed to execute on behalf of the Town of Evans; such agreement, as many counterparts as deemed appropriate in his discretion, and to deliver the same and the aforesaid payment to Southtowns Haz-mat Team.

Carried.

 RESOLUTION 79  Execute agreement with Angola Public Library

 Councilman Erickson moved and Councilman Bartus seconded,

 WHEREAS: the Angola Public Library, hereinafter referred to as the Library, 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 make its 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

 Meeting #2

January 10, 2005

page 38

 WHEREAS: the Town is willing to pay to the Library, in consideration of such continued service the sum of $2,500 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 provision of such services by the Library, the Town make the aforesaid payment of $2,500 to the Angola Public Library in accord with said agreement.

Carried.

 RESOLUTION 80  Execute agreement with Meals on Wheels of Buffalo & Erie County

 Councilman Bartus moved and Councilman Erickson seconded,

 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 2005 and,

 WHEREAS: Meals on Wheels of Buffalo and Erie County, Inc. has been providing such services for the year 2005, 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 2005,

 NOW THEREFORE BE IT

 RESOLVED:             that Robert R. Catalino, II, Supervisor of the Town of Evans, is hereby authorized to execute on behalf of the Town of Evans, an agreement in as many counterparts deemed appropriate in his discretion, and to deliver the same, and the aforesaid payment to Meals on Wheels of Buffalo and Erie County, Inc.

Carried.

 RESOLUTION 81  Enter into agreements with Evans Little Cagers; Evans Junior Archery Program;   Evans Buddy Baseball;   Evans Youth Football, Inc.; Lake Shore  Youth Football, Inc. & Lake Shore Youth Soccer Association

 Councilman Govenettio moved and Councilman Bartus seconded,


Meeting #2

January 19, 2005

page 39

 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 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 year 2004-2005, a sum not to exceed $950.00;

2.)        Evans Junior Archery Program to render a service in providing an archery program for the year 2005, a sum not to exceed $450.00;

3.)        Evans Buddy Baseball to render a service in providing a league for handicapped individuals for the year 2005, a sum not to exceed $700.00;

4.)        Evans Youth Baseball, Inc. to render a service in providing a youth baseball program for the year 2005, a sum not to exceed$6,500.00;

5.)        Evans Youth Baseball, Inc. to render a service in providing a girls=s softball program for the year 2005, a sum not to exceed $1,600.00;

6.)        Lakeshore Youth Football, Inc., to render a service in providing a youth football program for the year 2005, a sum not to exceed $6,500.00; and

7.)        Lakeshore Youth Soccer Association, to render a service in providing a soccer program for the year 2005, a sum not to exceed $6,500.00. 

BE IT FURTHER

 Meeting #2

January 19, 2005

page 40

 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.

Carried.

 RESOLUTION 82  Enter into agreements with Building Relationships in Development government Education Services; Angola Park & Gazebo Committee; Evans Art Guild; Kids Day in the Park and Lions Club of the Town of Evans

Councilman Bartus moved and Councilman Erickson seconded,

 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 program and activities, or a portion thereof;

 NOW THEREFORE BE IT

 Meeting #2

January 19, 2005

page 41

RESOLVED:             the 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 in providing, organizing and sponsoring post senior prom activities relative to the 2005 Lake Shore Central High School Senior Prom a sum not to exceed $250.00;

2.)         Angola Park and Gazebo Committee, to render a service in providing, organizing and sponsoring various concerts and cultural events held, generally, at the Angola Village Gazebo and surrounding park for the year 2005, a sum not to exceed $450.00;

3.)        Evans Art Guild, to render a service in providing, organizing and sponsoring various activities and cultural events, including, but not limited to an art show or shows for the year 2005, 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 as AKids Day in the Park@ for the year 2005, a sum not to exceed $200.00; and

5.)        Lions Club of the Town of Evans, to render a service in providing, organizing and sponsoring a Halloween parade for the year 2005, a sum not to exceed $450.00.

Carried.

 RESOLUTION 83  Sign Lakeshore Employees Testing Services, Inc. agreement

 Councilman Bartus 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, 2005 through December 31, 2005 as per attached and subject to the approval of the Town Attorney.  (see Addendum A)

 Carried.

 RESOLUTION 84  Sturgeon Point Marina slip rates

 Supervisor Catalino moved and Councilman Bartus seconded that resolution number eleven (11) regarding Sturgeon Point Marina slip fees be placed under old business on the agenda.

Carried.


Meeting #2

January 19, 2005

page 42

 RESOLUTION 85 Town Licenses

 Supervisor Catalino moved and Councilman Govenettio seconded that the Mobile Home Development and Town Licenses applied for be approved contingent upon the approval of the Chief of Police and Department of Health as follows:

 Mobile Home Development

1.  Ralph Hogg D/B/A Melody Meadows

2.  William Pfeil D/B/A Triton Valley Angola

3.  William Pfeil D/B/A Triton Valley Derby

Town Licenses

1.  9632 Erie Road D/B/A Evans Hill Pub - refreshment, amusement & live band

2.  Henry Laskowski D/B/A Henri=s Restaurant - refreshment

3.  William Connors D/B/A Connors Hot Dog Stand (St Pt) - refreshment

4.  William Connors D/B/A Connors Hot Dog Stand - refreshment

5.  Derrik Decker D/B/A Decker=s Corner - refreshment

6.  Robert Pasinski D/B/A Jovial Bar II - refreshment , amusement

Carried.

 RESOLUTION 86 Audit of Bills

 Councilman Govenettio 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                 1-117              56,372.83

PART TOWN             1-117              12,711.55

HIGHWAY                1-117              41,442.39

WATER                      1-117              7,176.03

SPECIAL DISTRICTS         1-117              201,879.47

 VOTE RESULT:       Councilman Govenettio       aye

Councilman Erickson           aye

Councilman Bartus   aye

Supervisor Catalino  aye

 RESOLUTION 87 Adjournment

 Supervisor Catalino moved and Councilman Erickson seconded to adjourn to the next work session on Wednesday, January 26, 2005 at 4:00pm and then to the next regular meeting on Wednesday, February 2, 2005 at 7:30pm.

Meeting #2

January 19, 2005

page 43 

Carried. 

Respectfully submitted,

 Carol A. Meissner

Town Clerk