Meeting #13 - 9/15/2004

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, September 1, 2004 at 7:30pm there were:

RESOLUTION 267 Approve minutes

Councilman Bartus moved and Councilman Erickson seconded that the reading of the minutes of the meeting of August 4, 2004 and Work Session of August 18, 2004 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.

Michael McCarthy, 745 Bennett Road spoke in opposition to Saving Grace Ministries housing medical needs parolees in the Town of Evans.

Mike Seltz, 901 Bennett Road submitted petitions containing 1,500 names in opposition to Saving Grace Ministries housing parolees in the Town of Evans. He is requesting the Town Attorney seek an injunction from a State Supreme Court Justice prior to any facility of this type coming into the Town of Evans.

Linda McFarlan, Monroe Street, is concerned about vacant property across the street from her home that has been vacant for ten years and now someone is residing there. The vacant property has overgrown grass and garbage strewn on the property.

Robert L. Palmer, 1780 Eden Evans Center Road is questioning the status of the McKillan property that is operating a junk yard.

-Fines and penalties for liter.

-Thruway toll barriers

Meeting #14

September 1, 2004

page 162

Theresa Sikora, 9370 Lemon Street discussed the following:

-Fireworks, rules & regulations, fines & penalties

-Litter, rules & regulations

-ATV, rules & regulations

-Swimming pool rules need to be revamped making them stiffer

-speed limit enforcement on Herr Road near Lemon Street

Wayne Thomas, 720 Bennett Road has compromised for the community and will not house parolees in the Town of Evans. He is upset with the way elderly residents were frightened at Family Promise Home due to neighbor protests.

Arlene Wojchrowicz, 897 Bennett Road would like speed limit enforcement on Bennett Road.

RESOLUTION 313 Timothy Cooper, Town Justice RE: request he & a clerk to attend Annual Conference in Saratoga Springs, NY from October 3-6, 2004 & Sam Lomando, Assessor RE: request to attend NYS Assessor=s annual seminar from Oct 2-7, 2004 in Kerhonkson, NY

Supervisor Catalino moved and Councilman Govenettio seconded to grant the request of Timothy J. Cooper, Town Justice for he and a clerk to attend the annual Conference in Saratoga Springs, NY from October 3-6, 2004 and further grant the request of Samuel Lomando, Assessor to attend the New York State Assessor=s Association annual meeting at the Hudson Valley Resort, Kerhonkson, New York from October 2-7, 2004 and further, that all necessary and reasonable expenses incurred be a town charge in accordance with the rules and regulations governing travel and expense.

Carried.

RESOLUTION 314 Theresa A. F. Sikora RE: fireworks, litter, policy for ATV & swimming pools

Supervisor Catalino moved and Councilman Govenettio seconded to receive and file the communication from Theresa F. Sikora regarding fireworks, litter, ATV=s and swimming pool rules and regulations.

Carried.

RESOLUTION 315 James Ralph RE: water bill adjustment

Supervisor Catalino moved and Councilman Govenettio seconded to refer the request from James S. Ralph concerning a water bill adjustment to Councilman Govenettio.

Carried.

Meeting #14

September 1, 2004

page 163

RESOLUTION 316 Gary Nochajski RE: water bill adjustment

Supervisor Catalino moved and Councilman Govenettio seconded to remove the communication from Gary Nochajski requesting a water bill adjustment from the agenda as it has already been taken care of.

Carried.

RESOLUTION 317 Sandra Brant, Minor Subdivision Review Committee RE: Renaldo minor subdivision

Supervisor Catalino moved and Councilman Bartus seconded,

WHEREAS: in a letter dated August 20, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Gary and Cynthia Renaldo minor subdivision,

WHEREAS: it has been determined that there will be no significant effect on the environment

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans adopts the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQRA negative declaration for the Gary and Cynthia Renaldo minor subdivision (Addendum A SEQRA short environmental assessment form)

A division of SBL#237.00-4-35.1, dividing a 46.83 +/- acre parcel to create:

1. A 39.7+/- acre parcel with 992.99+/- feet of frontage on New Jerusalem Rd., and

2. A 7.13+/- acre parcel with 290.44+/- feet of frontage on New Jerusalem Rd

Petitioners: Gary and Cynthia Renaldo, 1958 New Jerusalem Rd., Eden, NY 14057

AND FURTHER BE IT

RESOLVED: that a copy of this resolution be given to the Planning Office.

Carried.

Meeting #14

September 1, 2004

page 164

RESOLUTION 318 Approve Renaldo minor subdivision

Supervisor Catalino moved and Councilman Govenettio seconded,

WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval, and

WHEREAS: the Evans Town Board, as Lead Agent, issued a negative declaration regarding the SEQRA process.

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans hereby adopts the findings of the Town of Evans Minor Subdivision Review Committee and approves the Gary and Cynthia Renaldo minor subdivision, dividing a 46.83+/- acre parcel known as SBL#237.00-4-35.1 to create:

1. A 39.7+/- acre parcel with 992.99+/- feet of frontage on New Jerusalem Rd., and

2. A 7.13+/- acre parcel with 290.44+/- feet of frontage on New Jerusalem Rd

Petitioners: Gary and Cynthia Renaldo, 1958 New Jerusalem Rd., Eden, NY 14057

AND FURTHER BE IT

RESOLVED: that a copy of this resolution be given to the Planning Office, the Assessor=s Office and the Building Inspector=s Office.

Carried.

Councilman Bartus presented the following reports:

-meeting on September 2, 2004 for the 5 on 5 committee regarding the Route 5 reconfiguration at 7:00pm in the Evans Town Hall or call 549-5313 if you are unable to attend the meeting

-requesting N.Y.S. to reform Medicaid

Councilman Govenettio presented the following reports:

-Hamburg residents are also forming a group against the Rt. 5 reconfiguration

-Town Code is now online at the Town=s website

Meeting #14

September 1, 2004

page 165

Supervisor Catalino will be requesting the Town Board to suspend the rules of order for the conduct of Town Board meetings to set a public hearing date for the Jeff White minor subdivision.

-Rt. 5 reconfiguration meeting on September 2, 2004 in the Evans Town Hall at 7:00pm

-Court fees to be given to N.Y.S.

RESOLUTION 319 Committee & Department Head reports

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

Diana A. Cafferty, Rec. of Taxes & Assessments:

Interest received on the 2004 County & Town taxes $10.57

Water receipts for July 2004 $85,090.17

Duplicate bills July 2004 $80.00

Interest received July 2004 $16.70

VOTE RESULT: Supervisor Catalino aye

Councilman Govenettio aye

Councilman Bartus aye

RESOLUTION 320 PLL #1 (8563 Erie Road rezoning from R-1 to GB or MS)

Supervisor Catalino moved and Councilman Govenettio seconded that Proposed Local Law #1 of the year 2004, the rezoning of 8563 Erie Road, Angola from R-1 to GB or MS remain under business on the agenda.

Carried.

RESOLUTION 321 Water bill adjustment

Councilman Govenettio moved and Councilman Bartus seconded,

RESOLVED: that an adjustment be made to the following account because of a water problem.

Ernest Masullo, 8596 N. Main St.

Account #02101120

Adjustment: $113.78

Meeting #14

September 1, 2004

page 166

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 322 Appt of part time code enforcement officers

Councilman Govenettio moved and Councilman Bartus seconded,

RESOLVED: that Ron Milks, 1107 Church, Angola and Paul Ryerse, 594 Herr Road, Angola are hereby appointed as part-time code enforcement officers at a rate of pay of $10.00 per hour.

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Catalino aye

RESOLUTION 323 2005 project for road reconstruction

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: Nashville and Elmwood Streets are in need of reconstruction as the final phase of the respective subdivision reconstruction project, and

WHEREAS: Weather and contractor availability have made it unlikely that this project can be completed in this calendar year

THEREFORE BE IT

RESOLVED: that the Town of Evans hereby designates the Nashville/Elmwood paving reconstruction as a priority project for the year 2005.

Carried.

RESOLUTION 324 Medicaid reform

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: the cost of Medicaid in our state is out of control and represents one of the single most detriments to a healthy state economy; and

Meeting #14

September 1, 2004

page 167

WHEREAS: reform of Medicaid will spur economic growth and begin to reverse the current trends of business and people moving to other states because of out high taxes; and

WHEREAS: without reform, Medicaid will continue to grow and strip Erie County and the State of New York of any hope of economic recovery; and

WHEREAS: New York State Legislators have had ample time to begin the process, however, the failure to agree upon and pass a state budget on time has become an excuse for avoiding Medicaid reform; and

WHEREAS: the County of Erie has proposed Apilot@ reforms such as a managed care of fee-based Medicaid programs as one responsible way to significantly cut costs while continuing to meet the medical needs of citizens of our state; and

WHEREAS: as the 2^nd or 3^rd highest property tax-paying county in the United States, we the people of Erie County and the Town of Evans demand reform of Medicaid;

THEREFORE WE

RESOLVE that we, as the elected Town representatives of the Town of Evans, does hereby strongly ask for a state-wide initiative to reform Medicaid as a legislative and executive priority, and if need be, that a special session of the legislature be convened to reach agreement on immediate and longer term reform of state Medicaid benefits including pilot projects such as the proposed managed care initiative proposed by Erie County; and

BE IT FURTHER

RESOLVED: that we ask Governor Pataki, State Senate Majority Leader Joe Bruno, and Assembly Speaker Sheldon Silver to put aside their differences and commit to a process that will result in reaching agreement on Medicaid reform to the betterment of all tax payers in our state; and

BE IT FURTHER

RESOLVED: that copies of this resolution be forwarded to Governor Pataki, Senator Joe Bruno, Senator Dale Volker, Assemblyman Richard Volker, Assemblyman Richard Smith and Assembly Speaker Sheldon Silver upon approval by the Town Clerk.

Carried.

Meeting #14

September 1, 2004

page 168

RESOLUTION 325 Suspend the Rules of Order

Supervisor Catalino moved and Councilman Govenettio seconded to suspend the rules of order for the conduct of meetings of the Evans Town Board for the purpose of taking action on a resolution to establish a public hearing date for the Jeff White minor subdivision.

VOTE RESULT: Supervisor Catalino aye

Councilman Govenettio aye

Councilman Bartus aye

RESOLUTION 326 Advertise for a public hearing for the White minor subdivision

Supervisor Catalino moved and Councilman Govenettio seconded,

WHEREAS: Jeffrey White has applied for a minor subdivision of 19.1 +/- acres of land located at 8234 Lake Shore Road in the Town of Evans, New York, and identified as SBL#220.1-30

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans authorize the Town Clerk to advertise for a public hearing to be held on October 6, 2004 at 7:50pm for the consideration of said subdivision request;

AND BE IT FURTHER

RESOLVED: that a copy of this resolution be given to the Planning Division Office, the Assessor=s Office and the Building Department.

VOTE RESULT: Supervisor Catalino aye

Councilman Govenettio aye

Councilman Bartus aye

RESOLUTION 327 Town Licenses

Supervisor Catalino moved and Councilman Bartus seconded to grant a refreshment license to Joyce Capitano D/B/A Ragoo=s contingent upon approval by the Chief of Police and Department of Health.

Carried.

Councilman Govenettio moved and Councilman Bartus seconded that all properly audited bills be paid out of their respective funds as set forth under abstract of claims dated August 18, 2004 and September 1, 2004 as follows:

Supervisor Catalino moved and Councilman Govenettio seconded to adjourn to the next regular Town Board meeting to be held on Wednesday, September 15, 2004 at 7:30pm.