Meeting #17

September 20, 2006

page 185

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, September 20, 2006 at 7:30pm there were

PRESENT: Karen C. Erickson Councilman

Kathleen A. Bartus Councilman

Michael M. Spence Councilman

Robert R. Catalino, II Supervisor

ABSENT: Gifford M. Swyers Councilman

ALSO PRESENT: Carol A. Meissner Town Clerk

J. Grant Zajas Town Attorney

Meeting #17

September 20, 2006

page 186

EXCUSED: Sandra Brant Planning Division Chairman

ABSENT: Wayne Conrad Parks Crew Chief

Julie Roach Seniors

RESOLUTION 306 Approve Minutes

Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of September 6, 2006 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:

Sharen Trembath, 466 Alfred Street, Angola noticed the proposal for Sturgeon Point Bluffs has increased from three pages to seven pages and requested Town Attorney Zajas to explain the zoning. She also questioned the Town's position regarding this project

Barb Markiewicz, 9622 Point Breeze Drive asked the Town's position regarding Wendt Beach and the Sturgeon Point Bluffs. The County does not take care of their beaches. This area has a gold mine with the lakefront. She recommends the Town Board keep the public informed as to what they are doing with the County parks and lakefront with articles in the Town Crier as well as other activities in the Town.

Robert L. Palmer, 1780 Eden Evans Center Road has a couple of issues to discuss:

-County Parks, Bennett Beach and Wendt Beach

-Outlined the demographics of the Town of Evans and towns in Colorado

-Mr. Reid has purchased property near Veteran's Park and would like to see him donate the property behind Camus' to expand Veteran's Park

Tom Gorney, 524 Sycamore Street congratulated Sharen Trembath on the beach sweep. He questioned the status of dilapidated houses in his neighborhood.

Ed Schneider III, 9575 Redwing Street asked why the letter from Jeffrey Magavern wasn't referred to the Town Attorney.

Reverend Alice Mullen, 331 Kennedy, Angola was impressed with the things that were done at Lake Erie Beach Park. Other items she feels that needs to be addressed are a fence for the basketball court, a turn-around and a light to illuminate the basketball court.

Ed Schneider III, informed the Town Board there is a light on Lake Shore Road near Stroh's but the trees in the area need to be trimmed.

RESOLUTION 307 Claddagh Commission, Inc. RE: request traffic signal at Mariano Pkwy and Erie Rd

Meeting #17

September 20, 2006

page 187

Supervisor Catalino moved and Councilman Erickson seconded to refer the communication from Claddagh Commission, Inc. requesting a traffic signal at Mariano Parkway and Erie Road to the Chief of Police and Superintendent of Highways to contact the State Department of Transportation for a traffic study.

Carried.

RESOLUTION 308 Kevin & Christa Kwilos RE: purchase section of Plum Street

Supervisor Catalino moved and Councilman Erickson seconded to refer the request from Kevin and Christa Kwilos regarding a request to purchase a section of Plum Street to the proper department heads as per town policy.

Carried.

RESOLUTION 309 Evelyn Ihrke RE: Sturgeon Point Bluffs

Supervisor Catalino moved and Councilman Bartus seconded to receive and file the communication from Evelyn Ihrke regarding Sturgeon Point Bluffs and also refer the communication to the proper department heads.

Carried.

Councilman Spence reported a recycling day for electronics, computers and textiles on September 30, 2006 from 9am to 2pm at Erie Community South.

Councilman Bartus presented the following reports:

-Lake Shore Road between Beach Road and Lake Street will be closed September 20, 2006 to October 6, 2006 for installation of a culvert

-letter of commendation from the high school to the police department

-letter of commendation for the Sturgeon Point Marina and Wayne Conrad from the Northern Chautauqua Conservation Club for the Walleye Derby

-Flu shots will be given at Community Concern on October 13, 2006 from 10am to 3pm

Councilman Erickson reported on the Legislative Breakfast held today where Erie County Clerk David Swarts was a guest speaker. A "drop-box" is now available in the Town Hall for the DMV which will aid Erie County with twelve percent (12%) at the revenue generated being returned to Erie County instead of on-line or mail-in transactions being sent elsewhere with no revenues being returned to Erie County.

Supervisor Catalino reported he is working on the 2007 Tentative Budget which must be submitted to the Town Clerk by September 30, 2006. Cuts have had to be made and difficult decisions still have to be made. His budget will be one of the lowest increases in the area.

Meeting #17

September 20, 2006

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RESOLUTION 310 Committee and Department Head reports

Supervisor Catalino moved and Councilman Erickson seconded to accept the Committee and Department Head reports.

Carried.

RESOLUTION 311 Proposed Local Law #2 of the year 2005 (zoning/licensing)

Supervisor Catalino moved and Councilman Bartus seconded that Proposed Local Law #2 of the year 2005 (zoning/licensing) remain under old business on the agenda.

Carried.

RESOLUTION 312 Advertise for Proposals for Real Property Reassessment Project

Councilman Bartus moved and Councilman Erickson seconded,

WHEREAS: the Town Board has deemed it advisable to solicit proposals for providing the Town with services in connection with the Real Property Reassessment Project for the 2008 Assessment Roll;

NOW THEREFORE BE IT

RESOLVED: that the Town Clerk is authorized to advertise a request for proposals for to provide the Town with services in connection with the Real Property Reassessment Project for the 2008 Assessment Roll, to conform to the information regarding such proposal which shall be available at the Town Clerk's Office. Said proposals to be opened on November 1, 2006 at 11:00am.

Carried.

RESOLUTION 313 Funding for the preparation, establishment & maintenance of the Real Property Improvement Program

Councilman Bartus moved and Councilman Erickson seconded,

WHEREAS: the Town of Evans has undergone the revaluation of real properties within the Town. The Town feels that it is necessary to conduct an update project of all properties for the Town of Evans assessment roll to maintain a uniform standard of assessment for the Town; and

NOW THEREFORE IT IS HEREBY

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September 20, 2006

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RESOLVED: by the Town Board of the Town of Evans, New York, that the Town of Evans hereby requests State assistance, specifically from the Office of Real Property Services of the State, to help do an update project to maintain a uniform standard of assessment in accordance with Section 305 of the Real Property Tax Law; and it is further

RESOLVED: that the Supervisor is hereby authorized and directed to expend the necessary funds for the preparation of said plan and the establishment and maintenance of the Real Property Improvement Program.

Carried.

RESOLUTION 314 Appt of Lieutenant

Councilman Erickson moved and Councilman Bartus seconded,

RESOLVED: that Ernest Massulo is hereby appointed as Lieutenant in the Evans Police Department pursuant to Erie County Civil Service procedures. This resolution shall take effect immediately.

VOTE RESULT: Councilman Erickson aye

Councilman Bartus aye

Councilman Spence aye

Supervisor Catalino aye

RESOLUTION 315 Amend Sturgeon Point Marina Rules & Regulations

Councilman Erickson moved and Councilman Spence seconded,

WHEREAS: the Town Board has previously adopted Rules and Regulations as to the Sturgeon Point Marina and the use and operation of the same; and

WHEREAS: it appears appropriate and proper to amend the same to provide for an adjustment of the period of operation of the harbor to more conform to conditions of climate and the need for preparation of the marina for operation;

NOW THEREFORE BE IT

Meeting #17

September 20, 2006

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RESOLVED: that the previously adopted Sturgeon Point Marina Rules and Regulations are amended to provide that it is the intent, subject to weather, ice, storm damage or other relevant conditions, to provide for operation of such harbor from May 15 to October 15 of each year and that the said rules and regulations, as more fully set forth in the document so titles and filed with the Clerk of the Town be and hereby are adopted as the Sturgeon Point Marina Rules and Regulations, superceding and replacing any and all such rules and regulations previously adopted, and that all registration forms and documents reflecting the period of operation of such harbor and dry dock be amended to conform to the same. (See Addendum A)

Carried.

RESOLUTION 316 Delinquent water bills to be relevied onto 2007 County taxes

Councilman Spence moved and Councilman Erickson seconded,

RESOLVED: that all delinquent water accounts in the amount of $30.00 or more not paid by October 6, 2006 will relevied onto the 2007 County and Town tax bills with not exceptions. At present time the outstanding amounts per water billing districts are as follows:

District #1 $80,720.15

District #2 $91,320.81

District #3 $92.349.68

Total $264,390.64

VOTE RESULT: Councilman Spence aye

Councilman Erickson aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 317 Declare surplus vehicle

Councilman Spence moved and Councilman Bartus seconded,

WHEREAS: the Parks Department has a vehicle that is no longer useable,

THEREFORE BE IT

RESOLVED: that the 1996 Dodge truck, vin#1B7KC26Z7TS671918 be declared surplus equipment.

Carried.

Meeting #17

September 20, 2006

page 191

RESOLUTION 318 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:

Abstract #16

Voucher # 1747-1848

Prepaid #72-75

GENERAL 49,919.32

PART TOWN 39,016.66

HIGHWAY 36,659.30

WATER 84,983.10

CAPITAL PROJECTS 1,500.00

SPECIAL DISTRICTS 267,216,46

VOTE RESULT: Councilman Spence aye

Councilman Erickson aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 319 Adjournment

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to a Work Session on Wednesday, September 27, 2006 at 5:00pm and then to the next regular Town Board meeting to be held on October 4, 2006 at 7:30pm.

Carried.

Respectfully submitted,

Carol A. Meissner

Town Clerk