Meeting #6
March 15, 2006
page 76
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, March 15, 2006 at 7:30pm there were:
PRESENT: Karen C. Erickson Councilman
Joseph F. Govenettio Councilman
Kathleen A. Bartus Councilman
Michael M. Spence Councilman
Robert R. Catalino, II Supervisor
ALSO PRESENT: Lynn R. Stoessel Deputy Town Clerk
J. Grant Zajas Town Attorney
Jeanne C. Ebersole Assessor
Charles LaBarbera Building Department Head
Ron Milks Asst. Building Inspector
Charles Katra Dir of Finance
Edward Michalski Highway Superintendent
John Ruszaj Maintenance Worker
Russ Manguso Parks Asst Crew Chief-A
Sandra Brant Planning Board Chairman
Robert Ferguson Police Chief
Diana Cafferty Receiver of Taxes
Patrick Conrad Maintenance Worker Laborer-A
Tom Kait Water Crew Chief
Rick Hanavan Wendel Duchscherer Engineers
Rob Klavoon Wendel Duchscherer Engineers
ABSENT: Lori Szewczyk Dir of Community Development
Julie Roach Recreation Specialist/Seniors
Councilman Govenettio read a statement that he is resigning from the position of Town Councilman effective April 4, 2006.
RESOLUTION 142 Approve minutes
Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of March 1, 2006 be dispensed with and approved as submitted by the Town Clerk.
Carried.
Meeting #6
March 15, 2006
page 77
Supervisor Catalino extended the privilege of the floor to any and all persons present.
Tom Mroz, 1779 Sturgeon Point Road stated he is disappointed with the direction of the Town and requests the resignation of the Town Supervisor.
Bob Doering, 9136 Lake Shore Road requests that the Town have an elected town watchdog who would volunteer their time. Outlined what he feels is fraudulent in the town officials attendance at the New York State Association of Towns meeting in New York City. Requests that all officials who attended should resign.
George Kunich, 779 Bennett Road feels only one person should have gone to the New York State Association of Towns meeting and someone is needed to watch over the Town government.
Joe Hageman, 6675 Gates commented that the abuses in County and Town government need to stop. Start saving and stop the perks. Requests a long range plan.
Bob Catalano, 7339 Erie Road cited sections of Roberts Rules of Order regarding privilege of the floor when an individual is recognized they can not be interrupted. The rules can not be ignored.
Jack Harris, 6952 Versailles thanked Joe Govenettio for his years of service. He appreciates all of the services that he receives from all of the town departments. He has listened to all of the complaints and has not heard a solution offered.
Bob Doering, 9136 Lake Shore Road stated if per diem method is used then you are limited to the IRS rates and in 2005 the IRS rates were $51.00.
Barb Markiewicz, 9622 Point Breeze Drive read a prepared statement. (See Addendum A)
Michelle Parker, 6526 Hamilton commented that it has been proven that people who are unhappy tend to be more vocal and when people are happy they tend not to be as vocal. Thanked the Building Department and the Town for their assistance. There are good things going on in this Town. Feels the property values are going to suffer because of the negativity as well as hinder commercial businesses from coming here.
Tom Gorney, 524 Sycamore requested an update regarding his request to purchase a section of Grey Street. Commented that he is working with Councilman Spence for scheduling a community wide clean-up as there is debris in the ditches. He is concerned about the sex offenders living in the Town as summer is coming.
Rich Cole, 6886 Kimberly Lane thanked Joe Govenettio for his service, the people present for attending tonights meeting. Complained that the schools are not in the top 5 for the state.
Joe Hageman, 6775 Gates complained that Evans pays higher taxes than Amherst, Hamburg and Eden and that he feels that the Town Board has mismanaged the finances. Questioned if the Town Board has a short terms or long term plan to correct the deficit.
Meeting #6
March 15, 2006
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Town Attorney Zajas thanked Councilman Govenettio and that it has been a pleasure working with him.
Councilman Spence thanked Councilman Govenettio and hopes that he stays involved with the community.
-on May 6th there will be a latex paint recycling program held by Erie County. Please contact him with any questions.
-He has received complaints about garbage cans and recycling bins being blown around. Please try and save tax dollars by picking up your neighbors bins and returning them to the appropriate owners.
Councilman Bartus thanked Councilman Govenettio for his service to the community.
-reported that the State auditor was very complimentary of Jeanne Ebersole as Assessor.
-reported on upgrades and changes in the Assessor’s office such as inputting information which was missing for hundred of parcels in the computer for easier taxpayer access, and in the process correcting inaccurate data on the computer, on-site training for staff, merged with the Town of North Collins, investigated and resolved errors on parcels missing garbage charges, numerous mailings for seniors and veterans, will be scheduling meetings in the future to inform the residents of the re-assessments and she has almost completed her certification.
-requests to suspend the rules of order to consider the adoption of a policy for town owned vehicles
Councilman Govenettio thanked the public, the current and past Town Board members and read a prepared statement. (See Addendum B)
Councilman Erickson reported that she is offended by Mr. Doering’s comments of fraud and abuse as she holds herself to the highest integrity. She commented that she has never been reimbursed for more than what she is entitled to and often times does not claim all of her expenses.
-DMV is here @ Evans Town Hall - Monday through Friday from 9am to 4:45pm
-work is beginning on the temporary bridge at Lake Shore Road and Lake Street
-thanked Councilman Govenettio and his wife
Supervisor Catalino stated that starting tomorrow the Town Board is moving forward on the pressing issues in this Town.
-proud to have worked with Councilman Govenettio
-working on installing sidewalks on Lake Street from Route 5 to Main Street then to the bus garage
Meeting #6
March 15, 2006
page 79
RESOLUTION 143 Committee and Department Head reports
Supervisor Catalino moved and Councilman Govenettio seconded to accept as presented the Committee and Department Head reports as follows:
Carol A. Meissner, Town Clerk:
Petty Cash $-0-
February monthly $8,656.42
Diana Cafferty, Rec. of Taxes:
February Water receipts $134,236.03
February duplicate bills $96.00
February interest $24.11
VOTE RESULT: Supervisor Catalino aye
Councilman Govenettio aye
Councilman Bartus aye
Councilman Erickson aye
Councilman Spence aye
RESOLUTION 144 Proposed Local Law #2 of the year 2005 (Zoning/Licensing) & Proposed Local Law #1 of the year 2006 (Sex Offender Residency)
Supervisor Catalino moved and Councilman Erickson seconded that Proposed Local Law #2 of the year 2005 (Zoning/Licensing) and Proposed Local Law #1 of the year 2006 (Sex Offender Residency) remain under old business on the agenda.
Carried.
RESOLUTION 145 Appointment to the North East Southtowns Solid Waste Management Board
Councilman Bartus moved and Councilman Govenettio seconded,
WHEREAS: new representatives are needed to sit on the North East-Southtowns Solid Waste Management Board (N.E.S.T.)
NOW THEREFORE BE IT
RESOLVED: that Rose Trask and Michael Spence are appointed to the North East Southtowns Solid Waste Management Board for 2006.
Carried.
Meeting #6
March 15, 2006
page 80
RESOLUTION 146 Creation of Deputy Town Clerk position
Councilman Erickson moved and Councilman Bartus seconded,
WHEREAS: pursuant to New York State Law the Town Clerk has the authority to appoint not more than three deputies, and
WHEREAS: in an effort to promote continuity and consistency in her department, as well as reduce training and re-training costs, the Town Clerk has requested an additional deputy, and
WHEREAS: funds are available in the 2006 budget for this position,
THEREFORE BE IT
RESOLVED: that the position of “Deputy Town Clerk” is hereby created in accordance with NYS and Erie County Civil Service and regulations, and the Director of Finance is hereby directed to file all necessary paperwork
BE IT FURTHER
RESOLVED: that the salary has been established pursuant to the Collective Bargaining Agreement and the following fund transfers are hereby approved:
FROM TO
A1410 Town Clerk A1410 Town Clerk
.112 15,000 .111 Salaried 22,050
.113 300
.115 800
.202 600
.215 1,200
.408 2,000
.412 900
A1315
.113 1,250
VOTE RESULT: Councilman Erickson aye
Councilman Bartus aye
Councilman Spence aye
Councilman Govenettio aye
Supervisor Catalino aye
Meeting #6
March 15, 2006
page 81
RESOLUTION 147 Sign proposed grant award agreement for the creation of a K-9 unit
Councilman Spence moved and Councilman Erickson seconded,
WHEREAS: the Town of Evans Police Department has applied for and received a grant in the amount of $35,000 to initiate the creation of a K-9 Unit;
THEREFORE BE IT
RESOLVED: that Supervisor Catalino is hereby authorized to sign the proposed Grant Award Agreement between the Division of Criminal Justice Services (DCJS) and the Town of Evans for the creation of the K-9 Unit.
Carried.
RESOLUTION 148 Appt of part time clerk
Councilman Erickson moved and Councilman Govenettio seconded,
WHEREAS: the Planning Division of the Town of Evans requests the Evans Town Board to appoint Jody Eder, 6753 Hamilton Dr., Derby to the part time position of clerk at a rate of $8.00/hr,
THEREFORE BE IT
RESOLVED: that the Evans Town Board hereby appoints Jody Eder to position of part time clerk, effective March 13th, 2006.
VOTE RESULT: Councilman Erickson aye
Councilman Govenettio aye
Councilman Bartus aye
Councilman Spence aye
Supervisory Catalino aye
RESOLUTION 149 Appt of Assistant Code Enforcement Officer RPT
Councilman Erickson moved and Councilman Spence seconded,
Meeting #6
March 15, 2006
page 82
WHEREAS: the Code Enforcement Office is being restructured and there is a need for additional manpower in the code enforcement office (with no increase in the 2006 Budget) to help with enforcement of the Building Codes of the State of New York and Property Maintenance codes within the Village of Angola and Town of Evans
WHEREAS: David Burke, Jr. is number one on the current Civil Service List
THEREFORE BE IT
RESOLVED: that David Burke Jr. of 724 Lake Street, Angola, NY is hereby appointed Assistant Code Enforcement Officer, RPT at an hourly rate of 10.00 per hour as needed.
VOTE RESULT: Councilman Erickson aye
Councilman Swyers aye
Councilman Govenettio aye
Councilman Bartus aye
Supervisor Catalino aye
RESOLUTION 150 Water bill adjustment
Councilman Govenettio moved and Councilman Erickson seconded,
RESOLVED: that an adjustment be made to the following account because of a water leak:
Evelyn Zangerle, 395 Lake Breeze Road
Account #02011590
Adjustment: $109.68 + penalty
VOTE RESULT: Councilman Govenettio aye
Councilman Erickson aye
Councilman Bartus aye
Councilman Spence aye
Supervisor Catalino aye
Supervisor Catalino pulled resolution #7 on tonights agenda regarding the hike/bike path.
Meeting #6
March 15, 2006
page 83
RESOLUTION 151 Suspend the Rules of Order
Councilman Bartus moved and Supervisor Catalino seconded to suspend the rules of order for the conduct of business at Evans Town Board meetings for the consideration of a resolution establishing a policy for town owned vehicles.
VOTE RESULT: Councilman Bartus aye
Supervisor Catalino aye
Councilman Spence aye
Councilman Govenettio aye
Councilman Erickson aye
RESOLUTION 152 Policy for Town Owned Vehicles
Councilman Bartus moved and Councilman Erickson seconded,
It is and is hereby established as, the policy of the Town of Evans that, except for any vehicle assigned to the Police Department to the Superintendent of Highways:
1. All vehicles owned by the Town shall be used only and exclusively for Town business and no such vehicle shall be used for personal purposes unrelated to Town business.
2. No person, other than a Town employee shall operate any Town vehicle. This provision shall not, however, exclude operation of a Town vehicle by any person or party engaged in the delivery of the same to any destination authorized for service, to an authorized storage/parking area.
3. No person other than a town employee shall be a passenger in any Town vehicle except that:
a) any person who is not a Town employee may be a passenger in such vehicle only for such time as such person in involved in, or engaged in Town business.
4. No Town vehicle shall leave the confines of the Town except upon Town business.
5. Any Town vehicle, when not then employed in the conduct of Town Business, shall remain in any area assigned for its parking/storage.
6. Any vehicle not specifically assigned to any Town department shall be deemed a “pool vehicle”.
a) all pool vehicles shall be parked/stored at the Town Hall parking lot when not in use
Meeting #6
March 15, 2006
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b) any Town employee requesting or requiring the use a pool vehicle for a Town purpose shall, before operating such vehicle, complete a sign out sheet, maintained in the dispatch office of the Police Department, identifying the Town employee seeking the use of such vehicle, the date and time such vehicle is to be used, the odometer reading at the time the vehicle is to commence to be used, the purpose of such use, the destination, or destinations to which such vehicle is to be driven, and, upon the return of the vehicle to its parking/storage area, the date and time of such return and the odometer reading of the vehicle at the time of its return.
7.) All Town owned vehicles shall be clearly marked as being vehicles of the Town, and, except for pool vehicles, shall identify the department to which such vehicle is assigned.
Carried.
RESOLUTION 153 Audit of Bills
Councilman Spence 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:
Prepaid Voucher #7
GENERAL 386-503 $76,895.97
PART TOWN 386-503 7,776.84
HIGHWAY 386-503 46,249.14
WATER 386-503 84,998.14
SPECIAL DISTRICTS 386-503 75,344.35
VOTE RESULT: Councilman Spence aye
Councilman Erickson aye
Councilman Bartus aye
Councilman Govenettio aye
Supervisor Catalino aye
RESOLUTION 154 Adjournment
Supervisor Catalino moved and Councilman Erickson seconded to adjourn to Wednesday, March 22, 2006 at 5:00pm for a Work Session and then to Wednesday, April 5, 2006 at 7:30pm for a regular Town Board meeting.
Carried.
Meeting #6
March 15, 2006
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Respectfully submitted,
Carol A. Meissner
Town Clerk