Meeting #18 - 10/20/2004

At a regular meeting of the Town Board of the Town of Evans, held at the Town Hall, 8787 Erie Road, Angola, New York on Wednesday, October 20, 2004 at 7:30pm there were

RESOLUTION 365 Approve minutes

Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of October 6, 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.

Theresa Sikora, 9370 Lemon Street requested assistance with people riding their ATV=s on the street in her neighborhood.

Charles Militello, 6840 Putnam spoke on the following items:

-questioned why there is not a sign in sheet for people who are in attendance at the at the Town Board meetings and have the sheet become part of the record

-questioned why the questions and answers are also not a part of the minutes

-why were there two laborers appointed and they are not residents of the town

-the shoulder of Rt 5 near Wisconsin Road has disintegrated making

it unsafe

RESOLUTION 366 Michael & Jennifer Hontz RE: request to purchase section of Newcomb Road

Supervisor Catalino moved and Councilman Erickson seconded to refer the communication from Michael and Jennifer Hontz requesting to purchase a section of Newcomb Road to the proper department heads.

Carried.

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RESOLUTION 367 Sandra Brant, Chairman of Evans Planning RE: Hogg major subdivision on Lake Street & signing of final plat plan & grant final approval

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: on August 4, 2004, the Town Board, following a public hearing, issued preliminary plat approval for the Ralph S and Dean S Hogg Lake Street 6-lot major subdivision, subject to satisfaction of the conditions set forth at the time of the approval and, at that time, issued a negative declaration pursuant to SEQRA, and

WHEREAS: as indicated in a letter dated October 14, 2004, from the Town Planning Office, the applicant has satisfied all fee requirements and has received all signatures and approvals from the required Erie County Departments

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans does hereby grant final approval for the Ralph S. and Dean S. Hogg Lake Street Major Subdivision, and

BE IT FURTHER

RESOLVED: that the Supervisor of the Town of Evans is hereby authorized to sign the Final Plat Plan for the Ralph S. and Dean S. Major Subdivision, and

BE IT FURTHER

RESOLVED: that the applicatant shall file the Final Plat Plan with the County Clerk=s Office, and

BE IT FURTHER

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

Carried.

Councilman Csati reported on the following:

-Fall Fest held last weekend despite the weather and thank you to all who assisted with it

-October 30 will be the Fall Cleanup held by the Stroh=s Athletic Club; sign up by contacting Julie Roach at the Senior Center

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-Dredging will begin next week at the Sturgeon Point Marina

Councilman Bartus read a letter from Sharon Trembath thanking everyone who helped with the Great Lakes Beach Sweep.

Councilman Govenettio reported that Lori Szewczyk=s 2004 Community Map project is in the final stages and distribution expected November/December 2004.

-Economic Development open house held in June to help promote the Town of Evans

Councilman Erickson presented a Building Department report and the Town will be applying for a grant to continue the walk path on Lake Street from Route 5 to Lake Shore Road.

Supervisor Catalino requested to suspend the rules of order for the conduct of business at Evans Town Board meetings for the consideration of resolutions to repair the roof at the Highway Department building and to donate surplus equipment to a young man being deployed to Iraq.

Supervisor Catalino made the following statement:

There will be a slight tax increase this year. The Town of Evans has released its tentative budget for the 2005 fiscal year calling for a property tax increase of 3.9%. We are still struggling with the usual cost increases; health insurance, liability insurance and of course pension obligations. Just so that you know the pension obligations three years ago; the Town paid $0.00 into the state pension fund now we are paying $550,000. Thats right this has been a killer for us but it is something all the towns and municipalities are taking. Well I never like to announce a tax increase of any kind. I think that the record during my tenure at Supervisor demonstrates the responsible fiscal management that the Town has. Despite the rising costs that all municipalities are facing; I am proud to say that my Tentative Budget truly holds the line on spending. There is an increase in total appropriations of $ 32,737 for the general and part town budgets. With the cooperation of my department heads and employees and the Town Board we have been able to do more with less and still provide the usual exceptional service to our residents. Despite these accomplishments the uncertainty of the economy as well as the instability of higher levels of government and their relation to certain other revenues we are relying on, cause us to raise taxes a small amount to preserve our reserve funds. Again on our part town reserve funds which is everything in the Town that the Village of Angola doesn=t have we usually try to keep that at about $300,000 and then our general fund which is everything in the Village about 400,000 and then if you go below it is real simple to have no tax increase and use all that money. The problem is that if you have nothing in your reserve

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the following year you have to raise $1.20, $1.30 and you are seeing other forms of government that have done that and the County is doing that right now. They spent $200,000,000 of the tobacco money and they spent the surplus that was in there. We=ve been fortunate enough and Chuck Katra=s done a good job and before him Elmar Kiefer was in there and they treated that money like it was their own and don=t like to give it out so we still have healthy reserve funds. Unfortunately for Chuck cause I want to take it out and have no increase but he=s pretty tough. The highway budget reflects an increase of $91,477 in spending that is mostly attributable to the petroleum cost. We are committed to maintaining our investment to the town=s infrastructure however the cost of oil and its affect on blacktop cost has made that commitment more costly. It is our belief that the failure to maintain our roads will be more costly in the long run and as Highway Superintendent Michalski sits back he is always asking for more. I think we have given a little bit more each year but you know the last year or two when the costs have been even more demanding. We=ve talked about doing Newcomb Road and the residents wanted that done and hopefully that will be the fist to get done next year and again people said you had the money in there for it as Ed will tell you the money was gone before we got to that road and that as you said before those things seem to happen. That was supposed to be on the agenda to do this year but unfortunately because of the cost it was not done and its tops on the list for next year. For the residents of the Town of Evans you can be assured we will continue working to keep the cost of government affordable. It has been very disheartening to watch the failed policies of the higher levels of government continue to cost the local taxpayers. There are fiscal quagmariers at every level from the county to the state to the federal that trickle down to ultmitately to affect us at the local level. Yet it seems our representatives at those levels only show up for the phot opportunity. I would personally like to see those elected to higher office held accountable as vigorously as our constituents hold us accountable at the local level. At the bottom it has the various tax rates. So my last statement is a little bold but I really do feel that way. If people at the higher level started to show a little more interest and take accountability for the things that happen at the local level I think you=d see some things changing. Once you get past the local level, town or villages, you vary rarely see anybody get beat in an election because I guess I=m venting here at the board meetings it is the truth. They never seem to get beat in an election. They hand out checks and are always handing out pork money but yet when there is a problem in the Town of Evans they will call you up and say I=ll help you out Mr. Militello and if it gets taken care of they take the credit for it and if is doesn=t get taken care of they blame it on the Town of Evans. Unfortunately it is my night to vent a little bit and I=m not happy to announce a tax increase but I would like to see a little help coming from the other levels that seem to be financially not doing the job that they are supposed to be elected to do.

RESOLUTION 369 Committee and Department Head reports

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Supervisor Catalino moved and Councilman Erickson seconded to accept the committee and department head reports.

Carried.

RESOLUTION 370 PLL #1 of the year 2004 (rezoning of 8563 Erie Road from R-1 to GB or MS)

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: that Proposed Local Law #1 of the year 2004 refers to a possible rezoning of 8563 Erie Road from R1 to GB or MS; and

WHEREAS: a special use permit may be required for the purpose of storing and dispatching trucks located thereat and for related operations of any rezoning is made

NOW THEREFORE BE IT

RESOLVED: that the Town Clerk is authorized and directed to advertise for a public hearing to be held on November 17, 2004 at 7:50pm for consideration of a special use permit for David Laskowski D/B/A D & L Trucking and Excavating for the purpose of storing and dispatching trucks which may be permitted at 8563 Erie Road and related operations and

BE IT FURTHER

RESOLVED: that proposed Local Law #1 of the year 2004 remain, at present, on old business, and

BE IT FURTHER

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

Carried.

RESOLUTION 371 White minor subdivision

Supervisor Catalino moved and Councilman Govenettio seconded to leave the White minor subdivision under old business on agenda.

Carried.

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RESOLUTION 372 Appt of part time clerk

Councilman Bartus moved and Councilman Csati seconded,

RESOLVED: that Melissa A. Baake, 8400 N. Main St., Angola, NY is hereby appointed as part time clerk at a rate of pay of $8.00 per hour.

VOTE RESULT: Councilman Bartus aye

Councilman Csati aye

Councilman Govenettio aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 373 2004 budget transfers

Councilman Csati moved and Councilman Bartus seconded,

WHEREAS: due to various purchases and seasonal appointments, certain accounts need to have funds transferred to,

THEREFORE BE IT

RESOLVED: that the attached 2004 Budget transfers be approved as submitted for the months of July through September. (See Addendum A)

Carried.

RESOLUTION 374 Permissive Referendum for the purchase of police vehicles

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans Police Department is in need of new vehicles to be used in its operations, and

WHEREAS: the APart Town Equipment@ capital reserve has been established for the financing of this type of expenditure;

THEREFORE BE IT

RESOLVED: that $81,835.00 is to be used from the Part-Town Equipment Reserve for specific purpose of the purchase of four (4) Ford Crown Victoria police vehicles. This resolution shall be subject to permissive referendum.

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The Clerk shall publish a copy of this resolution in the official newspaper of the Town within 10 days under the heading ANOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM.@

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Councilman Csati aye

Supervisor Catalino aye

RESOLUTION 375 File application for funds from NYS Parks & Recreation & Historic Preservation for the multi-use pathway

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: the Town Board of the Town of Evans fully supports the creation of the Evans Multi-Use Pathway and

WHEREAS: the proposed pathway will enhance public access from the Village of Angola to Lake Erie and the Seaway Trail, a National Scenic By-Way, improve recreational and tourism opportunities for residents of the Town of Evans and the Village of Angola as well as Visitors to our community, and therefore be a significant asset of the communities, and

WHEREAS: the establishment of a multi-use trail system along County Road - Lake Street is also supported by the public and by Erie County, and is in conformance with the Town=s Comprehensive Plan and the Town=s Local Waterfront Revitalization Program, and

WHEREAS: there is currently no safe or convenient pedestrian and bicycle access to the lakeshore in the Town of Evans

BE IT FURTHER

RESOLVED: that Robert R. Catalino, II, as Supervisor of the Town of Evans, is hereby authorized and directed to file an application for funds from the New York Office of Parks, Recreation and Historic Preservation in accordance with the provisions of the Recreation Trails Program, in an amount not to exceed $100,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Evans for Multi-Use Recreational Pathway and, if appropriate, a conservation easement to the deed of the assisted property.

Carried.

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RESOLUTION 376 Tentative budget to become the Preliminary Budget & sale of

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: the Supervisor of the Town of Evans on September 30, 2004 duly filed the tentative budget of said Town for the fiscal year beginning January 1, 2005 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 6, 2004,

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, 2005,

BE IT FURTHER

RESOLVED: that said Preliminary Budget shall be filed in the Office of the Town Clerk of the Town of Evans, and said Clerk is hereby authorized and directed to reproduce copies of same (also Adopted Budget, when available) for public distribution at a cost of $3.00 a copy on or after October 29, 2004.

Carried.

RESOLUTION 377 Schedule PH for Angola Fire Protective District

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: there has been duly established in this Town a fire protection district known as the Angola Protective Fire District and,

WHEREAS: it is necessary pursuant to law for this Town Board to provide for the furnishing of fire protection within said district,

NOW THEREFORE BE IT

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RESOLVED: that pursuant to the provisions of '184 of the Town Law of the State of New York, that a public hearing be held with reference to the furnishing such fire protection for the Angola Protective Fire District on the 3^rd day of November, 2004 at 8:00pm and that notice of such hearing be published in Evans Town Crier, official newspaper of the Town, having a general circulation in said fire protection district and that such notice shall specify the time and the place where said hearing will be held and describe in general terms the proposed contract.

Carried.

RESOLUTION 378 Schedule PH for Preliminary Budget

Councilman Govenettio moved and Councilman Bartus seconded,

RESOLVED: that in accordance with Article 8, '108 of Town Law that a public hearing be held to hear those people desiring to discuss the Preliminary Budget on November 3, 2004 at 8:10pm at the Evans Town Hall and

BE IT FURTHER

RESOLVED: that the Town Clerk advertise said public hearing in accordance with aforementioned Town Law.

Carried.

RESOLUTION 379 Support bill S.6964/A.10053 which would create a community preservation fund

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: the Evans Town Board supports the agriculture industry, the protection of farmland, intelligent development of rural communities, the Right to Farm Act and better ways to coordinate between various levels of government on development and agriculture issues, and

WHEREAS: it was stated publicly at a June 16, 1004 meeting of Erie County Legislators and Town Supervisors and their representatives, that the Erie County Legislature is committed to working with local towns and villages to secure more state and federal funding to protect farmland and held the agricultural industry in Erie County, and

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WHEREAS: one solution to providing funds is found in legislation that currently sits before the New York State Assembly and Senate (S.6949/A.10053) that, if approved, would create a fund for the implementation of plans for the preservation of community character, including the protection of farmland, and

WHEREAS: if approved, this fund would allow towns to acquire interests or rights in real property for the preservation of community character, to establish a land bank pursuant to a transfer of development rights program and to provide management and stewardship for such interests and rights.

NOW THEREFORE BE IT

RESOLVED: that the Evans Town Board is committed to helping the agricultural industry, the protection of farmland, intelligent development of rural communities, the Right to Farm Act and better ways to coordinate between various levels of government for such pursuits, and

BE IT FURTHER

RESOLVED: that this Honorable Body asks the Governor and the New York State Legislature to consider passing the legislation (S.6949/A.10053), which would create a community preservation fund, and

BE IT FURTHER

RESOLVED: that certified copies of this resolution be forwarded to Governor George Pataki and the Western New York Delegation to the New York State Legislature, with additional copies sent to the Supervisors of Alden, Amherst, Aurora, Boston, Brant, Cheektowaga, Clarence, Colden, Collins, Concord, Eden, Elma, Hamburg, Holland, Lancaster, Marilla, Newstead, North Collins, Orchard Park, Sardinia and Wales, the Erie County Commissioner of Environment and Planning, the New York State Commissioner, Department of Environmental Conservation and the President of the Erie County Farm Bureau.

Carried.

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RESOLUTION 380 Suspend the rules of order

Supervisor Catalino moved and Councilman Govenettio seconded to suspend the rules of order for the conduct of business at Evans Town Board meetings for the consideration of a resolution to authorize the repair of the Highway Department=s building and the donation of surplus equipment to someone being deployed to Iraq.

VOTE RESULT: Supervisor Catalino aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Councilman Csati aye

RESOLUTION 381 Repair Highway Facility=s roof

Councilman Csati moved and Councilman Erickson seconded,

WHEREAS: the roof at the Town of Evans Highway Facility is in need of repair; and

WHEREAS: the Superintendent of Highways received three proposals for the completion of the work; and

WHEREAS: the Superintendent of Highways has recommended Sahlem=s Roofing & Siding at the stated price of $12,675.00 because of the knowledge of the scope of the project as well as their ability to complete the work in a timely manner; and

WHEREAS: the Superintendent of Highways also has recommended additional work to be approved pursuant to submitted quotation along with the proposed 15 year manufacturer=s warranty

THEREFORE BE IT

RESOLVED: that the Sahlem=s Roof & Siding Company is hereby authorized to begin the work on the roof at the Town of Evans Highway Facility at the direction of the Superintendent of Highways in accordance with the proposal submitted October 8, 2004 at a total cost not to exceed $14,435.00; and

FURTHER BE IT

RESOLVED: that the manufacturer=s warranty is to be purchased at the cost of $600.00.

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VOTE RESULT: Councilman Csati aye

Councilman Erickson aye

Councilman Govenettio aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 382 Declare surplus equipment and donate it

Councilman Bartus moved and Councilman Erickson seconded,

WHEREAS: a request has been made by Michael J. Doetterl, a resident of the Town of Evans, a member of the United States National Guard, 42^nd Infantry, who is soon to be deployed to Iraq, for any surplus body armor which may be available to him; and

WHEREAS: the Town of Evans Police Department is in possession of certain items of body armor which is surplus to the uses and purposes of the said Police Department, but which must be secured by the same to prevent its use by unauthorized persons; and

WHEREAS: in consequence thereof, the Town of Evans, and particularly the Police Department of the same, finds that the following is surplus and unneeded by the Town and such department, and is in consequence of the circumstances of little or no monetary value to the Town, that is to say:

Point Blank Body Armor Serial #3810026861 and

Point Blank Body Armor Serial #3810021704; and

WHEREAS: the Town wishes to support our armed forces and feels it appropriate in this circumstance to release such surplus items to the foregoing resident;

NOW THEREFORE BE IT

RESOLVED: that the aforesaid

Point Blank Body Armor Serial #3810026861 and

Point Blank Body Armor Serial #3810021704 is declared surplus;

AND BE IT FURTHER

RESOLVED: that Police Chief of the Town of Evans Police Department is hereby authorized to release to the said Michael J. Doetterl, the aforesaid body armor, upon execution and delivery to the Town of a Release and Agreement to Indemnify and Hold Harmless the Town, its Police Department and others therein specified, to be in the form prepared by and/or approved by the Town Attorney, from and against any claims or liability regarding such body armor to be accepted by the said Michael J. Doetterl in Aas is, where is@ condition.

Councilman Csati moved and Councilman Govenettio seconded all properly audited bills be paid out of their respective funds as set forth under abstract of claims as of this date as follows:

Supervisor Catalino moved and Councilman Erickson seconded to adjourn tonight=s meeting to a work session on Wednesday, October 27, 2004 at 5:30pm and then to the next regular schedule Town Board meeting on Wednesday, November 3, at 7:30pm.