Meeting #19

October 18, 2006

page 200



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, October 18, 2006 at 7:30pm there were:



PRESENT: Karen C. Erickson Councilman

Kathleen A. Bartus Councilman

Michael M. Spence Councilman

Gifford M. Swyers Councilman

Robert R. Catalino, II Supervisor



ALSO PRESENT: Carol A. Meissner Town Clerk

J. Grant Zajas Town Attorney

Mary Ann Conrad Assessment Department

Paul Ryerse Building Department

Lori Szewczyk Dir. of Community Development

Charles Katra Finance Department

Russ Manguso Parks Department

Sandra Brant Planning Division

Robert Ferguson Police Chief

Julie Roach Seniors

Patrick Conrad St. Pt. Marina

Diana A. Cafferty Rec. of Taxes & Assessments

Tom Kait Water

Rob Klavoon Wendel Duscherer

ABSENT: Edward Michalski Highway Superintendent



RESOLUTION 320 Approve minutes



Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of October 4, 2006 be approved as submitted by the Town Clerk.

Carried.



Supervisor Catalino extended the privilege of the floor to any and all persons present:



Cheryl Grassia, 843 Thoms Lane, Angola applauded the police department and the job they perform.







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October 18, 2006

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Michelle Ruggiero, 8568 Walk Street requested assistance from the Town Board regarding the approval of stairs erected at her property. She wants her building permit issued this week as it has been dragging on for three years.

Charles Militello, 6840 Prescott Drive, Derby questioned if the Town of Evans is included in the disaster area for the recent storm. He is not satisfied with the handling of the situation during the storm in the Derby area. There was a Town vehicle at Tubby's and East Evans Depot with highway personnel sitting in the trucks on Saturday morning.

- He has not received the information from a FOIL request from September. What should he do?

-On the Town's web page (map) Highland on the Lake is not indicated.

Supervisor Catalino suggested that he contact the Freedom of Information Office of New York State.

Charles Danzi, Disaster Coordinator Town of Evans explained the process he went through during the recent storm.



RESOLUTION 332 Mary Ellen Hanna RE: resignation as Secretary with the Lake Erie Beach Advisory Board



Supervisor Catalino moved and Councilman Spence seconded to accept the letter of resignation from Mary Ellen Hanna as Secretary of the Lake Erie Beach Advisory Board.

Carried.



RESOLUTION 333 Erie County Department of Environment & Planning RE: Agricultural District Request for local landowners



Supervisor Catalino moved and Councilman Erickson seconded to receive and file the communication from Erie County Department of Environment and Planning regarding the Agriculture District request for local landowners and refer to the proper department heads (Addendum A).

Carried.



Councilman Spence commended the Parks, Highway and Water Departments for the clean-up after the snow storm this past week.



Councilman Bartus commended Town departments for cleaning up the Town from the recent storm.



Councilman Swyers commented that the Western New York area has always had people helping people in a disaster and commended the people for helping each other.

-Erie County Sewer District #2 will be holding an open house on November 4, 2006

-Assemblyman Quinn has announced that he has obtained $130,000.00 from the multi-modal monies from New York State for the Hike/Bike Path.

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October 18, 2006

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Councilman Erickson thanked all of the departments for their cooperation and also Chuck Danzi, Disaster Coordinator and also the volunteer firemen for all of their assistance with the recent storm.



Supervisor Catalino thanked Deputy Supervisor Erickson and other Town Board members, the Parks, Water and Highway Departments and the Director of Finance for their assistance with the recent storm.



Resolution 334 Committee and Department Head reports



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

Carried.



RESOLUTION 335 Proposed Local Law #2 of the year 2005 (Zoning/Licensing)



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

Carried.



RESOLUTION 336 Federal Community Development Funds



Councilman Swyers moved and Councilman Erickson seconded,



RESOLVED: that Robert R. Catalino II, Supervisor of the Town of Evans is hereby authorized to sign, submit and execute a contract with Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG



1. Comprehensive Plan Update

2. Rural Transit Services, Inc.

Carried.



RESOLUTION 337 Celebration of Halloween



Councilman Spence moved and Councilman Bartus seconded,



RESOLVED: that the Evans Town Board declares the celebration of Halloween in the Town of Evans, for Tuesday, October 31, 2006, and



BE IT FURTHER





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October 18, 2006

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RESOLVED: that the citizens of the Town of Evans are hereby requested to leave an outside light on during the hours from 6:00pm to 8:00pm to help insure the safety of the children in their Trick or Treat travels and show willingness to participate in the celebration of Halloween with the children of the community; and



BE IT FURTHER



RESOLVED: that a copy of this resolution be published by the Town Clerk in the Town Crier and Angola Pennysaver.

Carried.



RESOLUTION 338 Appt of Planning Board member



Councilman Erickson moved and Councilman Swyers seconded,



RESOLVED: that Mary Hosler of 9173 Lakeside Ave., Angola, New York is hereby appointed to the Planning Board effective immediately to fill the unexpired term of Alphonso Ruggerio that will be in effect until December 31, 2008.



VOTE RESULT: Councilman Erickson aye

Councilman Swyers aye

Councilman Bartus aye

Councilman Spence aye

Supervisor Catalino aye



RESOLUTION 339 Shared municipal services incentive grant program



Councilman Erickson moved and Councilman Swyers seconded,



WHEREAS: The Town Board of the Town of Evans fully supports intermunicipal initiatives to enhance area-wide environmental protection, economic prosperity and community well being; and



WHEREAS: the communities in Southwestern Erie County realize the need to create and implement a plan to promote the various resources and assets in the area; and



WHEREAS: the Towns of Evans, Brant, Eden and North Collins as well as the Villages of Angola, North Collins and Farnham have come together to form the Southtowns Community Enhancement Coalition; and









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WHEREAS: the seven communities have expressed a willingness to promote tourism to enhance the environment, economic prosperity and community well being of these municipalities; and



WHEREAS: the Southtowns Community Enhancement Coalition has compiled an inventory of their collective assets and is in the process of completing a Southtowns Tourism Development/Implementation Plan, which will outline strategies for the promotion of tourism assets, economic prosperity and sustainable community growth, and



WHEREAS: the seven communities have reached a critical juncture in this project and desire to formalize their relationship by incorporation and application to the IRS for tax exemption status under section 501 © 3, and



WHEREAS: incorporation and registration as a not-for-profit entity will allow the Southtowns Community Enhancement Coalition to advance intermunicipal, public, private and not-for-profit partnerships, which will support the implementation of the Southtowns Tourism Development Plan;



NOW BE IT



RESOLVED: that Robert R. Catalino II, Supervisor of the Town of Evans is hereby authorized and directed to support an application filed by the Town of Evans on our behalf to the 2006-2007 New York State Department of State - Shared Municipal Service Incentive Grant Program to obtain financial assistance, not to exceed $30,000 (local cash match of $3,000), to develop the Southtowns Community Enhancement Corporation - an organization responsible for planning and implementation of strategies which will enhance the environment, economic prosperity and community well being of the Town of Evans and upon approval of said grant request, will enter into an agreement with New York State as well as the collaborating communities to begin the process of incorporating the Southtowns Community Enhancement Coalition; and



BE IT FURTHER

RESOLVED: that this Town Board endorses the commitment of the communities identified in this resolution to continue to meet on a regular basis for the purpose of discussing other ways that we can work together for the betterment of our shared region.

Carried.





Meeting #19

October 18, 2006

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RESOLUTION 340 Schedule PH for Angola Protective Fire District Budget



Councilman Swyers moved and Councilman Erickson seconded,



WHEREAS: the Angola Protective Fire District has been duly established as a fire protection district within the Town of Evans, and



WHEREAS: Town Law requires the Town of Evans to provide fire protection within said district,



THEREFORE BE IT



RESOLVED: that pursuant to Section 184 of Town Law that a public hearing be held with reference to the furnishing of such fire protection for the Angola Protective Fire District shall be held on the 1st day of November, 2006 at 8:00pm and that notice of such hearing shall be published in the official newspaper.

Carried.



RESOLUTION 341 Tentative Budget to become the Preliminary Budget



Councilman Bartus moved and Councilman Spence seconded,



WHEREAS: on September 30, 2006 the Supervisor of the Town of Evans duly filed the tentative budget for fiscal year beginning January 1, 2007 with the Town Clerk, and



WHEREAS: the Town Clerk of the Town of Evans duly presented said Tentative Budget to the Town Board on October 4, 2006



THEREFORE BE IT



RESOLVED: that in accordance with Town Law §106 the Tentative Budget as revised, amended or modified by the Town Board shall constitute the Preliminary Budget of the Town of Evans for the fiscal year beginning January 1, 2007, and



BE IT FURTHER



RESOLVED: that the Preliminary Budget shall be filed in the Office of the Town Clerk of the Town of Evans and said Town Clerk is hereby authorized and directed, on or after October 26, 2006, to reproduce copies for public distribution at a cost of $3.00 per copy.

Carried.



Meeting #19

October 18, 2006

page 206



RESOLUTION 342 Schedule PH for 2007 Preliminary Budget



Councilman Bartus moved and Councilman Erickson seconded,



RESOLVED: that in accordance with Article 8, Section 108 of Town Law that a public hearing be held to hear those people wanting to discuss the Preliminary Budget on November 1, 2006 at 8:10pm at the Evans Town Hall, and



BE IT FURTHER



RESOLVED: that the Town Clerk advertise said Public Hearing in accordance with Town Law.

Carried.



RESOLUTION 343 Audit of Bills



Councilman Spence moved and Councilman Bartus 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 #18

Voucher #1938-2038

Prepaid Voucher #78 & #79



GENERAL 30,768.73

PART TOWN 10,781.92

HIGHWAY 9,292.10

WATER 81,496.16

SPECIAL DISTRICTS 99,979.76



VOTE RESULT: Councilman Spence aye

Councilman Bartus aye

Councilman Swyers aye

Councilman Erickson aye

Supervisor Catalino aye



RESOLUTION 344 Adjournment



Supervisor Catalino moved and Councilman Spence seconded to adjourn tonight's meeting to Wednesday, October 25, 2006 at 5:00pm for the next regular schedule Work Session and then to Wednesday, November 1, 2006 at 7:30pm for the next regularly scheduled Town Board meeting.

Carried.





Meeting #19

October 18, 2006

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Respectfully submitted,







Carol A. Meissner

Town Clerk