Meeting #9 - 5/5/2004

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, May 5, 2004 at 7:30pm there were

Councilman Csati announced this meeting will be held in memory of Jim Erickson and John Persinger.

Councilman Csati moved and Councilman Bartus seconded that the reading of the minutes of the meeting of April 21, 2004 be dispensed with and approved as submitted by the Town Clerk.

Carried.

Councilman Csati extended the privilege of the floor to any and all persons present.

Charles Militello, 6840 Prescott Drive rescinded a statement made at the April 21, 2004 Town Board meeting regarding the skatepark as it occurred last year.

-Will the flagpole be in place at Memorial Park by Memorial Day?

-Outstanding response by various groups for flowers and cleaning up at Memorial Park.

-Questioned if the vacant 30"x120" ft lot directly behind Memorial Park could be for sale in the future

-Could he hire someone to perform a survey at Lake Erie Beach Park? If so, he would like something in writing from the Town approving this request.

RESOLUTION 193 Susan Gallagher RE: requesting the Town to maintain Peters Road

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Councilman Csati moved and Councilman Govenettio seconded that the communication from Susan Gallagher regarding the Town to maintain Peters Road be referred to the proper department heads.

Carried.

RESOLUTION 194 Linda Sears & Tanya Castronova RE: water bill adjustment

Councilman Csati moved and Councilman Govenettio seconded that the communication from Linda Sears and Tonya Castronova regarding a water bill adjustment be referred to Councilman Govenettio and the proper department heads.

Carried.

RESOLUTION 195 Robert Strade RE: assistance with drainage problem

Councilman Csati moved and Councilman Bartus seconded that the communication from Robert Strade regarding assistance with a drainage problem in the Derby South subdivision be referred to the proper department heads.

Carried.

RESOLUTION 196 Michael DeMarie, Disabled American Veterans Chapter #177 RE: request to sell Forget-Me-Nots July 1-July 2, 2004

Councilman Csati moved and Councilman Govenettio seconded that the correspondence from Michael DeMarie, Jr. Vice Commander of the Disabled American Veterans Hanover/Southtowns Chapter No. 177 requesting permission to conduct their annual Forget-Me-Not drive in the Town of Evans from July 1-2, 204 be approved contingent upon the approval of the businesses they wish to solicit.

Carried.

RESOLUTION 197 Allow VFW Post #5798 to sell poppys

Councilman Csati moved and Councilman Govenettio seconded that the V.F.W. Post 5798 be granted permission to sell Poppys in the Town of Evans on May 6-7, 2004 contingent upon the approval of the businesses they wish to solicit.

Carried.

RESOLUTION 198 Josephine Holland RE: income limits to be raised for STAR program

Councilman Csati moved and Councilman Govenettio seconded that the correspondence from Josephine L. Holland regarding the STAR program limits be referred to the proper department heads for a letter to be sent to her.

Carried.

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RESOLUTION 199 Keri & Mike Reisch RE: Summer Ave be graded

Councilman Csati moved and Councilman Govenettio seconded that the correspondence from Keri and Mike Reisch and Andy and Theodora Wrojtkino be referred to the proper department heads, Councilman Csati, Highway Superintendent Michalski and the Town Board.

Carried.

Councilman Bartus presented the following reports:

-Giff Swyers met with the Highway and Parks departments regarding the fishing area at Eighteen Mile Creek and Old Lake Shore Road. In their off time from other projects they will grade and place barriers along the creek.

-Thank you to Mrs. Mauer for the stencils for the recycling bins.

-she has received a five page log from Westfield Management regarding problems with the garbage collection. Each household is entitled to eight bags of garbage each week that can be lifted by Westfield employees. It is recommended that when you clean out your garage etc to stager the volume of garbage you place out each week. Also, if neighbors would pick up debris left by winter it would help and make each neighborhood nicer in appearance.

Councilman Govenettio presented the following reports:

-Town Board minutes are placed on the Town of Evans website after they are approved and have been since January 1^st. A copy of the website name is available on the table tonight.

-the Town has contacted General Code Publishers and is waiting for a response as to cost for putting the Town Code on the website.

-Letters have been sent to Senators Clinton and Shumer and Congressman Quinn requesting monies to be appropriated for a study at Big Sister Creek regarding flooding to see what assistance the residents in this area need.

-Congratulations to officer Jeff Mayer of the Town of Evans Police Department for being selected as the STOP-DWI man of the year for the second time.

-Police Department monthly report.

RESOLUTION 200 Committee and Department Head reports

Councilman Csati moved and Councilman Govenettio seconded to accept the Committee and Department Head reports as follows:

Carol A. Meissner, Town Clerk:

Petty Cash $-0-

April monthly report $12,626.97

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VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 201 PLL #3 of the year 2003 (Recreation/Greenspace fees); Establish Recreation/Greenspace fees; PLL #1 of the year 2004 (8563 Erie Rd., Angola from R-1 to GB or MS)

Councilman Csati moved and Councilman Govenettio seconded that PLL #3 of the year 2003 (Recreation/Greenspace fees); Establish Recreation/Greenspace fees; PLL #1 of the year 2004 (8563 Erie Rd., Angola from R-1 to GB or MS) remain under old business on the agenda.

Carried.

RESOLUTION 202 Execute SEIU contract with Local #200

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: the collective bargaining agreement between SEIU Local 200 United and the Town of Evans expired December 31, 2003, and

WHEREAS: Representatives of both parties have negotiated a tentative agreement to expire December 31, 2006,

THEREFORE BE IT

RESOLVED: that the Evans Town Board hereby authorizes Supervisor Catalino to execute the agreement to be effective January 1, 2003 to December 31, 2006 subject to the approval of the Town Attorney and the Director of Finance.

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

Supervisor Catalino aye

RESOLUTION 203 Authorize Wendel Duchscherer to complete a wetland delineation & phase 1 cultural resource investigation for Sturgeon Point Bluffs Park

Councilman Csati moved and Councilman Govenettio seconded,

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WHEREAS: the Town of Evans has received a grant from New York State for the design of improvements known as Sturgeon Point Bluffs Park, and

WHEREAS: the grant includes funding to complete the State Environmental Quality Review Act (SEQR) process, and

WHEREAS: the New York state Office of Parks, Recreation and Historic Preservation and New DEC have indicated that in order to compete the SEQR process for the project it is necessary to conduct a Wetland Delineation and a Phase 1 Cultural Resource Investigation

NOW THEREFORE BE IT

RESOLVED: that a change in scope be authorized for Wendel Duchscherer to complete the required Wetland Delineation and Phase 1 Cultural Resources Investigation

NOW THEREFORE BE IT

RESOLVED: that change in scope be authorized for Wendel Duchscherer to compelte the required Wetland Delineation and Phase 1 Cultural Resource Investigation in accordance with the proposed Scope Change Authorization dated April 28, 2004 for a total fee of $32,316.

VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 204 Town Board to go on record against NYS Senate Bill 6056 & NYS Assembly Bill 9556 (RE: which would shift Court revenues from local municipalities to NYS)

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: the Town of Evans is dependent upon the fine revenue collected in their courts, to cover a large share of Justice Court and Police Budgets and,

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WHEREAS: Legislation proposed in NYS Senate Bill 6056 and Assembly Bill 9556, if passed would provide that if certain vehicular and traffic violations are reduced to a lower penalty, portions of the fines that are now retained by our municipality in these cases would be given to the State of New York, and

WHEREAS: if these Senate and Assembly Bills should pass, it is most likely fewer plea bargains would be reached, which would lead to more trials, which would clog the Evans Courts and mean more expenses, not only to our municipality, but also to the County and the State of New York, and

WHEREAS: in many instances overtime would have to be paid to law enforcement personnel to testify as more cases to go to trial, and additional personnel expenses required for trials, be it

RESOLVED: that the Town of Evans, along with all members of the Erie County Governments, opposes Senate Law 6056 and Assembly Law 9556; and be it further

RESOLVED: that a copy of this resolution be sent to each Assemblyman and Senator in Western New York, and to Governor George Pataki.

Carried.

RESOLUTION 205 Appt of laborer/gateguard/nightwatchmen

Councilman Csati moved and Councilman Bartus seconded,

RESOLVED: that the following be appointed to the position of laborer/gateguard/nightwatchman; to be paid the designated rate of pay; to be called as needed:

Joshua Rammacher, 301 Dawn Ave., Angola $6.00/hour

Michael Reed, 2 Pleasant Ave., Angola $5.50/hour

VOTE RESULT: Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

Supervisor Catalino aye

RESOLUTION 206 Purchase a compact cargo van

Councilman Govenettio moved and Councilman Bartus seconded,

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RESOLVED: that the Town of Evans Police Department is authorized to purchase one Ford Econoline E-150 compact cargo van for the Dog Control Officer under New York State contract #PC60710 at the cost of $12,665.00 plus delivery charge.

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

Supervisor Catalino aye

RESOLUTION 207 Declare month of May as Clean Up, Paint Up, Fix Up month

Councilman Csati moved and Councilman Govenettio seconded,

WHEREAS: the Town Board of the Town of Evans wishes to see our community improve and grow and,

WHEREAS: the Town Board of the Town of Evans wishes to cooperate with all groups in Evans to clean up, paint up and fix up,

THEREFORE BE IT

RESOLVED: the month of May be proclaimed clean up, paint up and fix up month in the Town of Evans, and urge all residents to part take in these efforts.

Carried.

Councilman Bartus read and presented the following Prcolamation for Municipal Clerks Week to Carol A. Meissner, Town Clerk.

PROCLAMATION

Municipal Clerks Week

May 2 through May 8, 2004

WHEREAS: the Office of the Municipal Clerk, a time honored and vital part of the local government exists throughout the world,

WHEREAS: the Office of the Municipal Clerk is the oldest among public servants, and

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WHEREAS: the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and

WHEREAS: Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.

WHEREAS: the Municipal Clerk is the information center on functions of local government and

community.

WHEREAS: Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations.

WHEREAS: it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.

NOW THEREFORE

I, Robert R. Catalino, II, Supervisor of the Town of Evans, do recognize the week of May 2 through May 8, 2004 as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Carol A. Meissner, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Dated this day 5th, of May, 2004.

Supervisor

RESOLUTION 208 Audit of Bills

Councilman Csati moved and Councilman Govenettio seconded that all properly audited bills be paid out of their respective funds as set forth under abstract of claims dated April 21, 2004 and May 5, 2004 as follows:

Councilman Csati moved and Councilman Govenettio seconded to adjourn the meeting in memory of James Erickson, John Persinger and Councilman Govenettio=s grandmother also to a work session on Wednesday, May 12, 2004 at 5:00pm and then to the next regular Town Board meeting on Wednesday, May 19, 2004 at 7:30pm.