Meeting #11 - 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 15, 2004 at 7:30pm there were:

RESOLUTION 330 Approve minutes

Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of September 1, 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.

Charles Militello, 6840 Prescott Drive thanked Giff Swyers, Karen Erickson, Kathleen Bartus and Nancy DiMartino for attendance at the Route 5 traffic calming meeting.

-flowers at Memorial Park - Lions Club will plant tulip bulbs and thanked the Parks Department for maintenance

Judy Sepi, 235 Grant Street complained about speeding on Grant Street.

Robert Palmer, 1780 Eden Evans Center Road thanked the Town Board for placing the Town Code on-line. Recommends notifying the Appellate Court to add the Town of Evans as having their code on-line.

RESOLUTION 331 Judy Sepi RE: street lighting on Grant Street

Supervisor Catalino moved and Councilman Erickson seconded to receive, file and refer to the proper department heads the communication from Judy Sepi regarding the street lighting on Grant Street.

Carried.

Meeting #16

September 15, 2004

page 171

RESOLUTION 332 Ed Michalski, Secretary North Evans Fire District RE: fire hydrants

Supervisor Catalino moved and Councilman Bartus seconded to receive and file the communication from Ed Michalski, Secretary of the North Evans Fire District regarding fire hydrants.

Carried.

RESOLUTION 333 Diana Cafferty, Rec of Taxes & Assessments RE: additional hours for tax collection

Supervisor Catalino moved and Councilman Bartus seconded to grant the request of Diana A. Cafferty, Receiver of Taxes and Assessments to extend the hours of tax collection on October 14, 2004 till 7:30pm along with the services of a police officer for security purposes.

Carried.

RESOLUTION 334 Sandra Brant, Chairman, Planning Division RE: schedule PH for a special use permit for 7312 Erie Road for service & sales of motor vehicles

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: in a letter dated September 9, 2004, the Evans Planning Board has requested that the Town Board set a public hearing regarding the petition of Daryl and Mary Jo Phillips, 9523 Southwood Dr., Angola, New York 14006, for a special use permit for the service and sales of motor vehicles, to be located at 7312 Erie Rd. (a.k.a. NYS Route 5) Derby, SBL#206.00-5-14.

NOW THEREFORE BE IT

RESOLVED: that the Town Board authorize the Town Clerk to advertise for a public hearing to be held on October 6, 2004 at 8:00pm for the consideration of said special use permit.

AND BE IT FURTHER

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

Carried.

Meeting #16

September 15, 2004

page 172

Councilman Csati reported that the Oktoberfest will be at the Evans Town Park on October 16, 2004 from 12-7pm the admission will be canned goods to be given to the VFW for the food baskets for the needy.

-The activities are Scarecrow contest, pumpkin painting, star search, little league baseball tournament, arts & crafts & flea market

Councilman Bartus reported that the Town is looking for volunteers for the Recycling Committee.

Councilman Govenettio thanked Ed Michalski for the letter regarding the fire hydrant.

-will be approving the dispatchers contract

-Gilligan=s Restaurant submitted petitions regarding a traffic light on Lake Shore Road and Kennedy Road

Councilman Erickson reported on the Route 5 traffic calming meeting held today starting which started at 4pm and was still in session when she left to comer here.

-Flu shots will be given at the Senior Center on September 30, 2004 from 12:30-3:30pm.

Supervisor Catalino thanked everyone for attending the Rt. 5 traffic calming meeting and that it is necessary to keep the pressure on.

-thanked Julie Roach for her work on the Octoberfest.

RESOLUTION 335 Town Officials reports

Supervisor Catalino moved and Councilman Bartus seconded to accept the Committee and Department head reports as follows;

Carol A. Meissner, Town Clerk:

Monthly report - August $29,584.74

Petty Cash -0-

Diana Cafferty, Receiver of Taxes & Assessments:

Water for August $147,881.11

Duplicate bills for August $ 53.00

Interest for August $ 31.58

Meeting #16

September 15, 2004

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VOTE RESULT: Supervisor Catalino aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Councilman Csati aye

RESOLUTION 336 PLL #1 of the year 2004 (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 337 Authorization for the Town Clerk to advertise for a PH for Community Development Block Grant funds

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans will be applying for the Community Development Block Grant for the year 2004-2005, and

WHEREAS: the Evans Town Board authorize the Town Clerk to advertise a public hearing on October 6, 2004 at 8:10pm for the purpose of eliciting, citizen input regarding the Town=s Community Block Development Grant, and

FURTHER BE IT

RESOLVED: that the Evans Town Board authorize the Supervisor to sign, submit and execute a contract with Erie County Community Development Grant Program, and

FURTHER BE IT

RESOLVED: that a certified copy of this resolution be given to the Supervisor=s Office.

Carried.

RESOLUTION 338 Appt of part time clerk

Councilman Csati moved and Councilman Erickson seconded,

Meeting #16

September 15, 2004

page 174

RESOLVED: that Jean Dillon of 9028 Joyce Lane, Angola be appointed part time clerk to be called as needed at an hourly rate of $7.50.

VOTE RESULT: Councilman Csati aye

Councilman Erickson aye

Councilman Govenettio aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 339 Sale of paper road

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: the Town of Evans has acquired, or may have acquired, title, or the opportunity to take title to certain parcels of land located in the Town of Evans and being commonly known as paper roads or streets; and

WHEREAS: the Town Board of the Town of Evans has from time to time resolved to sell whatever right, title or interest, of any, the Town may have acquired, or may have the right to acquire, in certain or said parcels of land being paper streets, road and/or rights of way; and

WHEREAS: certain persons or parties has expressed and interest in acquiring from the Town any such right, title or interest the Town of Evans may have, if such there be, in certain such parcels of land, as hereinafter set forth; and

WHEREAS: it is no longer necessary for the town of Evans to retain title to said properties, if any such vested in the Town of Evans; and

WHEREAS: the Town Board is willing to sell whatever interest it may have in such Parcels of land, subject to a permissive referendum as permitted by law by way of a quit claim deed conveying such right title and interest, if any, had by the Town of Evans in such parcels, subject to such easements and/or rights of way as may be necessary or prudent relative to such parcels, generally, and subject to the approval of the Town Attorney and the appropriate department heads; and

BE IT FURTHER

Meeting #16

September 15, 2004

page 175

RESOLVED: that, subject to a permissive referendum as permitted by law, the Town Board of the Town of Evans in regular session duly convened does hereby authorize and direct the Supervisor of said town of Evans to execute and deliver to the purchaser, set forth hereinafter, a quit-claim deed conveying any right title or interest the Town of Evans has, if any, in the parcels of real property hereinafter described, subject to such easements as may be necessary or prudent relative to such parcels and further subject to the approval of the Town Attorney and the appropriate department heads, in exchange for the payment of the sums hereinafter set forth to be paid by such purchaser, that is:

Jennifer Morrison, 9564 Jamestown Street, Angola, NY 14006, such right, title and interest the Town of Evans may have, if any, in a portion of Pine Street, being approximately 131 feet in length and 50 feet in depth as the same abuts, for its 131 foot length, SBL#250.11.10-6 for the sum of $600.00'

AMD BE IT FURTHER

RESOLVED: that any and all notices be posted and/or published as required by law.

VOTE RESULT: Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Councilman Csati aye

Supervisor Catalino aye

RESOLUTION 340 Appt of part time clerk

Councilman Govenettio moved and Councilman Erickson seconded,

RESOLVED: that Tara Johnson of 1603 South Creek Road, Derby be appointed to the position of part time clerk; to be called as needed; to be paid $6.00 per hour.

VOTE RESULT: Councilman Govenettio aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Csati aye

Supervisor Catalino aye

Meeting #16

September 15, 2004

page 176

RESOLUTION 341 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:

James Ralph, 6709 Hamilton Drive

Account #01040300

Adjustment: $201.93

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 342 Sign Evans Communication Association agreement

Councilman Govenettio moved and Councilman Csati seconded,

WHEREAS: the collective bargaining agreement between the Town of Evans Communication Association and the Town of Evans expired December 31, 2003, and

WHEREAS: representatives of both parties have negotiated a tentative agreement to expire December 31, 2008,

THEREFORE BE IT

RESOLVED: that the Town Board hereby authorize Supervisor Catalino to execute the agreement to be effective January 1, 2003 to December 31, 2008 subject to approval of the Town Attorney and the Director of Finance.

Carried.

RESOLUTION 343 Appt of provisional court clerk RPT

Councilman Bartus moved and Councilman Govenettio seconded,

RESOLVED: that Rachel Kijek, PO Box 468, Derby, NY is hereby appointed as provisional court clerk RPT at a rate of $8.75 per hour.

Meeting #16

September 15, 2004

page 177

VOTE RESULT: Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 344 Town Licenses

Supervisor Catalino moved and Councilman Erickson seconded to approve the town licenses applied for by Joyce Capitano D/B/A Ragoo=s for an amusement and live band business contingent upon the approval of the Chief of Police and the Department of Health.

Carried.

RESOLUTION 345 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 September 15, 2004 as follows:

GENERAL 1872-2007 30,469.52

PART TOWN 1872-2007 19,833.43

HIGHWAY 1872-2007 47,549.88

WATER 1872-2007 79,991.21

CAPITAL PROJECTS 1872-2007 2,340.17

SPECIAL DISTRICTS 1872-2007 67,015.44

VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Erickson aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 346 Adjournment

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to a Work Session on September 22, 2004 at 6:00pm, then a Work Session on September 29, 2004 at 6:00pm and then to Wednesday, October 6, 2004 at 7:30pm.

Carried.