Meeting #19 - 11/3/2004

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, November 3, 2004 at 7:30pm there were:

RESOLUTION 385 Approve minutes

Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of October 20, 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.

Anthony Kuras, 6680 Revere Drive, requested assistance with a neighbor having a live band in their garage.

Theresa Sikora, 9370 Lemon Street, questioned the status of her prior request for help with ATV=s on the street and request to make an appointment with the Town Board to discuss a neighbor dispute.

Richard Smith, 9375 Lemon Street, questioned the legalities of a neighbor using surveillance and pointing it towards his property.

Nancy Miller, 9375 Lemon Street, commented that her children are afraid to be outside of their house because of a neighbor is taking pictures of them.

Dawn Hinterberger, 9378 Lemon Street, complained about her neighbor who is always calling the police on her family and the condition of the same neighbor=s house.

Darryl Hinterberger, 9378 Lemon Street, complained about the condition of his neighbor=s house and the lack of property maintenance.

RESOLUTION 386 North Evans Fire District RE: request use of 2 voting machines for election of Chiefs and annual district election

Supervisor Catalino moved and Councilman Erickson seconded to grant the request of Ed Michalski, Secretary of the North Evans Fire District to use two voting machines for the election of the fire district chiefs on December 9, 2004 and the annual fire district election on December 14, 2004.

Carried.

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RESOLUTION 387 Theresa A.F. Sikora RE: ATV=s being driven on road

Supervisor Catalino moved and Councilman Erickson seconded to have Chief Ferguson and Lt. Danzi take care of getting the surveillance tapes from Theresa Sikora about the ATV=s being driven on the road.

Carried.

RESOLUTION 388 Minor Subdivision Review Committee RE: Zebrun minor subdivision SBL#235.00-2-3.12 8746 Erie Road, Angola

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: in a letter dated October 29, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Helen Zebrun Minor Subdivision, and

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 Helen Zebrun Minor Subdivision ( Addendum A short environmental assessment form),

a division of SBL#235.00-2-3.12, dividing a 2.07+/- acre parcel to create:

1. A .24 +/- acre parcel with 35=/- feet of frontage on Erie Rd. (to be annexed to SBL#235.00-2-3.2).

2. A .70+/- acre parcel with 60+/- feet of frontage on Erie Rd.,

3. A .28+/- acre parcel with 98.09+/- feet of frontage on Erie Rd., and

4. A .84+/- acre parcel with 106.0 feet of frontage on Erie Rd.

PETITIONER: Helen Zebrun, 4412 Nelson Hill Rd., Box 235, Stockton, NY 14784.

AND BE IT FURTHER

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

Carried.

RESOLUTION 389 Approve Zebrun minor subdivision

Councilman Erickson moved and Councilman Bartus seconded,

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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 Helen Zebrun minor subdivision, a 2.07+/- acre parcel to create:

1. A .24 +/- acre parcel with 35=/- feet of frontage on Erie Rd.

2. A .70+/- acre parcel with 60+/- feet of frontage on Erie Rd.,

3. A .28+/- acre parcel with 98.09+/- feet of frontage on Erie Rd., and

4. A .84+/- acre parcel with 106.0 feet of frontage on Erie Rd.

And that the approval is conditioned upon the following:

That the .24 +/- acre sublot be annexed to an adjacent parcel located at 8766 Erie Road, also known as SBL#235.00-2-3.2.

PETITIONER: Helen Zebrun, 4412 Nelson Hill Rd., Box 235, Stockton, NY 14784.

AND BE IT FURTHER

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

Carried.

At this time 7:50pm a public hearing is scheduled as duly advertised in the Town Crier, official newspaper of the Town of Evans regarding the renewal of the cable franchise agreement by and between the Town of Evans and Parnassos, L.P. D/B/A Adelphia Cable Communications.

Vincent Lorendi from Adelphia Communications briefed the Town Board on their services and the new proposed contract will be for 10 years.

Robert Palmer, Eden Evans Center Road commended in the past there was not cable on his road and will this change.

There being no one else wishing to speak the public hearing was closed.

Councilman Bartus reported that November 15, 2004 is America Recycles Day and the schools will be holding contests.

-There will be an electronics drop off on December 11, 2004 at Erie County North Campus

-HEAP will be at County Legislator Jeanne Chase=s office on January 10, 2005

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-The VFW is looking for donations for the Christmas Baskets for families in need.

Councilman Govenettio thanked the Chief of Police and the Police Department for a great job on Halloween.

-Highland Hose Fire Hall hosted a Haunted House

Councilman Erickson requested that the Town Board suspend the rules for tonights meeting to consider a resolution rearrange the order for the Community Development Block Grant and to consider going on record being in opposition of the 10ft wide lanes on Route 5 in Hamburg.

RESOLUTION 390 Committee and Department Head reports

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

Carol A. Meissner, Town Clerk@

October monthly $22,491.64

Games of Chance - October 25.00

Petty Cash - October 0.00

VOTE RESULT: Supervisor Catalino aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati aye

RESOLUTION 391 PLL #1 of the year 2004 (rezoning of 8563 Erie Road, Angola from R-1 to GB or MS) & White Minor Subdivision

Supervisor Catalino moved and Councilman Erickson seconded to leave PLL #1 of the year 2004 (rezoning of 8563 Erie Road, Angola from R-1 to GB or MS) and the White Minor Subdivision under old business on the agenda.

Carried.

At this time 8:00pm a public hearing is scheduled as duly advertised in the official newspaper of the Town of Evans for the purpose of considering the proposed contracts with the Village of Angola and the Village of Angola Fire Company, Evans Center Fire Company, Lake Erie Beach Fire Company and Highland Hose Fire Company for fire protection and/or emergency ambulance service.

There being no one wishing to speak the public hearing was closed.

RESOLUTION 392 Declare surplus equipment

Councilman Csati moved and Councilman Bartus seconded,

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November 3, 2004

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RESOLVED: that one (1) International 10-wheel dump truck, ID number 1HTCF2651CHA15354 is hereby declared surplus equipment in the highway department.

Carried.

RESOLUTION 393 Oppose Erie County reducing services to balance their budget

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: while the Town of Evans recognizes the need for the County Executive and the County Legislature to create a responsible budget, the recent attempt by the Office of County Executive to create such a budget by reducing or cutting expenditures for such crucial public safety services as snow plowing and police protection is not a reasonable approach to a budgetary dilemma; and

WHEREAS: while the Town recognizes the possible need to reduce some services, such reductions should not come from these vital areas which affect every community, to varying degrees, and have the effect of exposing all citizens of Erie County to a degree of risk especially since no municipality has been given adequate time to plan or budget for such contingencies;

WHEREAS: the assumption of public such safety costs by individual municipalities may impose many financial hardships and further burden taxpayers in consequence of a situation they did not create, and at a time when unusual demands are already being placed on the budgets of such municipalities,

NOW THEREFORE BE IT

RESOLVED: that the Town of Evans opposes any efforts by the County Executive of Erie County or the Erie County Legislature to balance a budget based on reductions in police protection or snow plowing services.

Carried.

RESOLUTION 394 Audit of Bills

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

GENERAL 2273-2372 23,942.60

PART TOWN 2273-2372 13,843.47

HIGHWAY 2273-2372 24,026.70

WATER 2273-2372 1,141.95

SPECIAL DISTRICTS 2273-2372 24,040.04

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VOTE RESULT: Councilman Csati aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Supervisor Catalino aye

RESOLUTION 395 Suspend the Rules of Order

Supervisor Catalino moved and Councilman Bartus seconded to suspend the rules of order for the conduct of business of Evans Town Board meetings for the purpose of considering a resolution to rearrange the order of the projects for the Community Development Grant.

VOTE RESULT: Supervisor Catalino aye

Councilman Bartus aye

Councilman Erickson aye

Councilman Govenettio aye

Councilman Csati aye

RESOLUTION 396 Community Development Block Grant

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: the Town of Evans is or may be eligible for Community Development Grants; and

WHEREAS: the Town had advertised for a public hearing to receive input regarding application to be made by the Town for such Community Development Block Grants for the upcoming year as to community development needs and as to projects which would benefit the residents of the Town generally, and the low and moderate income residents of the Town; and

WHEREAS: said public hearing was conducted; and

WHEREAS: the Town Board has considered and reviewed the information received at such public hearing as well as suggestions otherwise received for projects for which such grant or grants may be sought;

NOW THEREFORE BE IT

RESOLVED: that the Town Board authorizes Supervisor Catalino and/or appropriate Town Officials to make for Community Development Block Grants for the upcoming year, for the following projects:

1. Improvement of Seneca Road

2. Improvement of Elmwood Road;

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3. Rural Transit Van Service Inc., in southern Erie County, for low to moderate income residents, seniors and the disabled.

AND BE IT FURTHER

RESOLVED: that the Supervisor and/or appropriate Town Officials are authorized to take such steps as may be necessary or reasonable to complete and file such applications.

Carried.

RESOLUTION 397 Suspend the rules of order

Supervisor Catalino moved and Councilman Govenettio seconded to suspend the rules of order for the conduct of business of Evans Town Board meetings for the purpose of considering a resolution in opposition tot he re

-striping of Route 5 with 10 foot lane widths.

VOTE RESULT: Supervisor Catalino aye

Councilman Govenettio aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Csati aye

RESOLUTION 398 Opposition of 10ft wide lanes on Route 5 in Hamburg

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: the it is understood that the New York State Department of Transportation is considering the re-stripping of Route 5 in the Town of Hamburg, and specifically but not limited to, the Wanakah area, so as to designate such lanes as 10" in width; and

WHEREAS: Route 5 is a major thoroughfare serving vehicles traveling into and from the Town of Evans, both of a commercial and non-commercial nature; and

WHEREAS: it is felt that a change in the width of Route 5 to designate the lanes thereof as only 10' in width may negatively impact upon vehicular traffic into and out of the Town of Evans, and major commerce, commuter and bicycle, recreational traffic, and adversely affect those traveling on and using such portions of Route 5;

NOW THEREFORE BE IT

RESOLVED: that the Town of Evans vigorously and strenuously opposes any considered changes in the width of the lanes of Route 5 generally and specifically, without limitation, in the Wanakah area of the Town of Evans;

RESOLVED: that Town of Evans requests the Department of Transportation and any and all relevant authorities and agencies involved in the consideration of any such proposed changes inform the Town fully as to each and every step in such review and study and be given the opportunity to express the Town=s position regarding such before any action, whatsoever, is determined or implemented.

Supervisor Catalino moved and Councilman Erickson seconded to adjourn tonights meeting until Wednesday, November 17, 2004 at 7:30pm.