EVANS TOWN BOARD MEETING MINUTES

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, December 15, 2004 at 7:30pm there were:

RESOLUTION 419 Approve minutes

Councilman Erickson moved and Councilman Bartus seconded that the reading of the minutes of the meeting of December 1, 2004 be dispensed with and approved as submitted by the Town Clerk.

Carried.

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

Robert Catalano, 7339 Erie Road requested assistance with a drainage problem on his property and feels that the narrowing of the lanes of Route 5 in Wanakah is leaving a very dangerous situation.

Robert Palmer, 1780 Eden Evans Center Road commented that Adelphia Cable contacted him and feels the excuses given were inadequate. He also commented that Adelphia said they need an easement to cross the railroad tracks.

-thanked the Town and Councilman Csati for their assistance with solving his drainage problem on Versailles Plank.

Charles Militello, 6840 Prescott Dr. questioned if the Town Board follows Robert=s Rules.

-requested that the comments made by Town residents at Board meetings be incorporated in the minutes

Meeting #22

December 15, 2004

page 220

RESOLUTION 420 Timothy Cooper, Anthony Barone, Town Justices RE: request permission for themselves and clerks to attend Association of Towns meeting in NYS February 20-23, 2005

Councilman Erickson moved and Councilman Csati seconded to grant the requests of Timothy Cooper and Anthony Barone, Town Justices to attend the New York State Association of Towns meeting in New York City from February 20 - 23, 2005 along with their clerks Mrs. Baake and Nancy O=Boyle; with all necessary and reasonable expenses incurred to be a Town charge in accordance with the rules and regulations governing travel and education and Mrs. Baake time off be approved.

VOTE RESULT: Councilman Erickson aye

Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati wished everyone a Merry Christmas and Happy New Year.

Councilman Bartus wished everyone a safe and happy holiday especially the servicemen and their families.

Councilman Govenettio presented a Water Department report.

-Merry Christmas and Happy New Year

-Please remember the people who do not have families or homes this holiday season.

Councilman Erickson wished everyone a Merry Christmas and Happy New Year.

RESOLUTION 421 Town Officials reports

Councilman Erickson moved and Councilman Bartus seconded to accept as presented the reports of the Town Officials as follows:

Carol A. Meissner, Town Clerk:

Petty Cash $-0-

Games of Chance - November $ 25.00

Monthly report - November $ 9,171.18

Diana Cafferty, Rec. of Taxes & Assessments:

Water - November $152,167.07

Duplicate bills - November $ 74.00

Interest - November $ 28.73

Meeting #22

December 15, 2004

page 221

VOTE RESULT: Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati aye

RESOLUTION 422 PLL #1 of 2004 (rezoning of 8563 Erie Road from R-1 to GB or MS)

Councilman Erickson moved and Councilman Govenettio seconded to remove Proposed Local Law #1 of 2004 the rezoning of 8563 Erie Road from R-1 to GB or MS and place it on the table.

VOTE RESULT: Councilman Erickson aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

RESOLUTION 423 Negative SEQRA declaration for PLL #1 of the year 2004

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: D & L Trucking and Excavating has requested a rezoning of 1.44+/- acres from General Business (GB) and Residential-1 (R-1) to Motor Service (MS) for the purpose of storing and dispatching trucks and operating a landscape contracting business, located at 8563 Erie Road (a.k.a. NYS Route 5), Angola, NY, portion of SBL#235.06-1-13, and

WHEREAS: the Town of Evans Planning Division Office and the Town Engineer have reviewed the Environmental Assessment Form and analyzed this action with respect to potential significant environmental impacts, and

WHEREAS: certain small to moderate impacts were identified and appropriate recommendations offered through the issuance of a Special Use permit with conditions, and

WHEREAS: it has been determined that the placement of these conditions would mitigate potential impacts to the environment and a SEQR negative declaration could be issued

NOW THEREFORE BE IT

Meeting #22

December 15, 2004

page 222

RESOLVED: that the Town Board of the Town of Evans adopts these findings and issues a negative declaration in accordance with the SEQRA requirements for the rezoning and special use permit for D & L Trucking and Excavating (Addendum A SEQRA long environmental assessment form).

AND BE IT FURTHER

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

Carried.

RESOLUTION 424 Adopt PLL #1 of the year 2004 as LL #9 of the year 2004

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: David Laskowski, D/B/A D & L Trucking and Excavating has requested a rezoning of 1.44+/- acres from GB and R-1 to MS for the purpose of storing and dispatching trucks and operating a landscape contracting business, located at 8563 Erie Road (NYS Route 5), Angola, NY, a portion of SBL#235.06-1-13, and

WHEREAS: the Town Board of the Town of Evans has held a public hearing for consideration of any rezoning, and

WHEREAS: consideration of all information received at said public hearing leads the Town Board to conclude the rezoning of said parcel to MS is an appropriate action for the following reasons:

$The project appears to be consistent with certain neighboring uses though not in conformance with the Town of Evans Comprehensive Plan.

$The project will not greatly negatively impact and will provide some necessary benefit to the surrounding community.

$The project is not expected to result in any undo traffic impacts or adverse impacts to natural resources.

WHEREAS: the Town Board of the Town of Evans issued a negative declaration regarding the SEQR process.

NOW THEREFORE BE IT

Meeting #22

December 15, 2004

page 224

BE IT FURTHER

RESOLVED: that the following conditions be placed on said Special Use Permit:

Creation of a berm with a 3-foot on 1-foot slope along the rear line of the new MS zoning district, to be planted with evergreens on top to provide a visual barrier to the surrounding residentially zoned properties.

Identify the designated snow storage area.

Identify the location where trucks will be parked on the site. Only one (1) truck may be parked behind the larger metal garage building located along the north property line so as to be hidden from the road.

The northern driveway for this site shall be aligned so as to intersect with NYS Route 5 at a 90-degree angle.

The width and radius/curvature of the driveway and the driveway apron must be designed so trucks have the ability to make turns on to NYS Route 5 without encroaching into opposing travel lanes.

Ownership of the number of tractor-trailer trucks shall be limited to a total of (five) 5 as of January 1, 2005 a total of seven (7) as of January 1, 2006, and a total of (nine ) 9 as of January 1, 2007.

Engine idling shall not be permitted.

There shall be no outside storage of parts, equipment, debris, gasoline or fuel on the site.

There shall be permitted only minor repairs on vehicles owned by the applicant. There shall be no painting, grinding, detailing, extensive repairs, etc., permitted on the site.

10. There shall be no docks, storage, loading/unloading or transferring of goods, merchandise or freight allowed on the site.

11. No new buildings may be constructed on site.

12. The existing office shall be used for truck dispatching only.

13. The special use permit shall be attached to the applicant, David Laskowski only, not the property or the business.

14. This special use permit shall be valid for three (3) years, at which time it must be reviewed for renewal pursuant to Town Code, and

BE IT FURTHER

RESOLVED: that the special use permit will be granted after receipt by the Planning Office of three (3) copies of a site plan acceptable to the Town of Evans Town Board reflecting the above conditions number 1 through 5, and

BE IT FURTHER

Meeting #22

December 15, 2004

page 225

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

VOTE RESULT: Councilman Erickson aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

At this time 7:50pm a public hearing is scheduled as duly advertised in the Town Crier official newspaper of the Town of Evans to consider the transfer of reserve funds established pursuant to section 6-c of General Municipal Law to a newly created APension Reserve Fund@ established pursuant to section 6-r of General Municipal Law.

Chuck Katra, Director of Finance spoke in favor

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

RESOLUTION 426 Establish retirement contribution reserve funds

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: Chapter 260 of the New York State Law of 2004 has authorized the establishment of ARetirement Contribution Reserves@ pursuant to section 6-r of General Municipal Law for the purpose of financing retirement contributions, and

WHEREAS: the Town of Evans contributes to the New York State Employees= and Police and Fire Retirement System form its various operating funds

THEREFORE BE IT

RESOLVED: that the Town of Evans hereby establishes the following retirement contribution reserve funds for the purpose of financing retirement contributions:

AGeneral Pension Reserve@ for General fund pension expenditures

APart Town Pension Reserve@ for Part-Town pension expenditures

AHighway Pension Reserve@ for Part-Town Highway pension expenditures

This resolution shall take effect immediately.

Meeting #22

December 15, 2004

page 226

VOTE RESULT: Councilman Erickson aye

Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

RESOLUTION 427 Transfer funds for Pension Reserves

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: on December 15, 2004, a public hearing was held in accordance with Chapter 260 of the NYS Laws of 2004 and pursuant to section 6-4 of General Municipal law to hear those people desiring to discuss the proposed transfer of reserve funds established pursuant to section 6-c of General Municipal Law to a newly created APension Reserve Fund@.

THEREFORE BE IT

RESOLVED: that the Town of Evans hereby authorizes the following transfers of funds from the reserves established pursuant to section 6-c of General Municipal Law to Pension reserves established pursuant to section 6-r of General Municipal law for the purpose of financing retirement contributions:

From To

General Capital Reserve $6,389.51 General Pension Reserve

Lake Erie Beach Reserve $1,781.49 General Pension Reserve

Highway Equip. Reserve $103,245 Highway Pension Reserve

BE IT FURTHER

RESOLVED: that payment of $103,245 is hereby authorized from the Ahighway Pension Reserve@ for payment of the Highway department=s share of retirement contributions for fiscal year 2004-2005.

This resolution shall take effect immediately.

VOTE RESULT: Councilman Erickson aye

Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

RESOLUTION 428 Remove the Renewal of the Franchise Agreement from old business on the agenda

Meeting #22

December 15, 2004

page 227

Councilman Erickson moved and Councilman Csati seconded to remove the renewal of the franchise agreement with Parnassos L.P. D/B/A Adelphia Cable Communications and place it on the table.

Carried.

RESOLUTION 429 Renewal agreement with Parnassos L.P. D/B/A Adelphia Cable

Councilman Bartus moved and Councilman Csati seconded,

RESOLVED: that the Town Board of the Town of Evans does hereby authorize the Supervisor to sign the cable franchise agreement between the Town of Evans and Parnassos, L.P. D/B/A Adelphia Cable Communications subject to the approval of the Town Attorney and the Public Service Commission.

VOTE RESULT: Councilman Bartus aye

Councilman Csati aye

Councilman Govenettio nay

Councilman Erickson aye

RESOLUTION 430 Declare surplus vehicles

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: vehicles used in the Police Department have been replaced;

THEREFORE BE IT

RESOLVED: the following vehicles are no longer of any use to the Police Department and are therefore declared surplus:

old car #50 - 2003 Ford Crown Victoria - VIN2FAFP71W73X112789, mileage 112,351

old car #48 - 2003 Ford Crown Victoria - VIN2FAFP71W53X112788, mileage 116,477

1995 Ford Bronco- VIN1FMEU15H2SLA18320,mileage 86,931.

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

Councilman Erickson aye

Meeting #22

December 15, 2004

page 228

RESOLUTION 431 Special Use Permit (8563 Erie Road)

Councilman Bartus moved and Councilman Csati seconded to remove the Special Use Permit (8563 Erie Road) from old business on the agenda in consideration of the passage of the prior resolution accepting the Special Use Permit.

VOTE RESULT: Councilman Erickson aye

Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

RESOLUTION 432 Declare lead agency for White minor subdivision

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: the Town of Evans received an application for a 2-lot minor subdivision (the AProject@) from Jeffrey White, petitioner, which was forwarded to the Minor Subdivision Review Committee; and

WHEREAS: this application was referred by the Town Board to the Evans Planning Board for further review and scrutiny; and

WHEREAS: the Town of Evans Planning Board initiated their review of the application at which time they determined this matter to be an Unlisted Action and recommended a coordinated review, pursuant to the State Environmental Quality Review Act (ASEQRA@), New York Conservation Law Article 8 and 6 NYCRR, Part 617 of the implementing regulations due to various environmental concerns; and

WHEREAS: the notice provisions for coordinated review pursuant to Part 617.6 NYCRR, Article 8 of the Environmental Conservation Law (SEQRA) have been satisfied;

WHEREAS: the Town wishes to act as Lead Agency and proceed with a SEAR determination of significance; and

NOW THEREFORE BE IT

RESOLVED: that the Town Board declares it will act as Lead Agency and shall proceed with a SEQR determination of significance; and

Meeting #22

December 15, 2004

page 229

BE IT FURTHER

RESOLVED: that this action shall be referred to the Planning Board for review for consistency with the policies of the Evans Local Waterfront Revitalization Program and for review and recommendation for the SEQR determination of significance; and

BE IT FURTHER

RESOLVED: that a copy of this resolution be given to the Planning Division Office and placed in the project file.

Carried.

RESOLUTION 433 Execute grant application for fishing access at 18 Mile Creek

Councilman Erickson moved and Councilman Govenettio seconded,

RESOLVED: that the Supervisor of the Town of Evans is hereby authorized and directed to file an application for funds from the Habitat/Access Stamp Funding program in an amount not to exceed $15,000, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Town of Evans for a project called Joel Harvey Fishing Assess Site and further to carry out and comply with the terms of such project agreement.

VOTE RESULT: Councilman Erickson aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

RESOLUTION 434 Adjust tax assessment for SBL#206.00-3-21.212 for 2004-2005

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: James O. Klinger and the Margaret Klinger Trust, hereinafter termed the taxpayer, are the owners, of certain real property in the Town of Evans identified on the tax rolls of the same as SBL#206.00-3-21.212, have commenced a proceeding in the New York Supreme Court challenging the currently established 2004-2005 tax assessment of $3,490,000 for said parcel; and

Meeting #22

December 15, 2004

page 230

WHEREAS: the said Supreme Court has encouraged the parties to said litigation to engage in negotiations to resolve the issues had in regard to such assessment; and

WHEREAS: in consequence of the foregoing the Assessor and said taxpayer have come to an agreement in regard to the 2004-2005 assessed value at 7008 Erie Road, SBL#206.00-3-21.212, and related matters

NOW THEREFORE BE IT

RESOLVED: that, subject to the discontinuance of such proceeding to challenge the assessment of such property and the execution of a stipulation by said taxpayer satisfactory to the Town Attorney, the Town Board of the Town of Evans sets the assessed value for 2004-2005 tax assessment and for the 2005-2006 tax assessment at $2,200,000 for said SBL#206.00-3-21.212, and the Supervisor of such member of the Town Board as he may designate is directed to execute and enter into such stipulation;

AND BE IT FURTHER

RESOLVED: that upon satisfaction of the foregoing the Assessor of the Town of Evans is directed to adjust such tax assessment to comply with the foregoing;

AND BE IT FURTHER

RESOLVED: that a copy of said resolution be sent to the Town of Evans Assessor.

Carried.

RESOLUTION 435 Water bill adjustments

Councilman Csati moved and Councilman Govenettio seconded,

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

Edmund Gleason, 7414 Southwestern

Account # 020080870 $114.80

Bernadine Rogers, 6619 Wellington

Account #01030090 $20.50

Meeting #22

December 15, 2004

page 231

VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

RESOLUTION 436 Request NYS Legislature to implement Medicaid reform

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: every city, town and village has felt and will continue to suffer from the effects of rising Medicaid costs if New York State does not supply relief, and

WHEREAS: today, Medicaid costs Federal, State and Local governments in the United States almost $250 billion and enrolls 47 million clients nationwide, making it the largest expenditure in most state budget=s and

WHEREAS: New York State has the highest percentage of eligible residents enrolled in Medicaid in the Nation, and

WHEREAS: New York State will spend an estimated $36 billion or the equivalent of almost $2,000 per every state resident in 2004, and

WHEREAS: in New York State, $9,000 per recipient is spent on health care, which is twice as much as California, which spends $4,400 per recipient and more than three time the $2,300 per recipient spent by Texas, and

WHEREAS: every city, town and village in Erie County has Medicaid recipients, with one out of eight Erie County residents or more than 110,000 total enrolled in the program,

WHEREAS: the massive expansion in the mandated cost of Medicaid from $143.1 million in 2002 to a projected $198 million 2005, is bankrupting Erie County,

WHEREAS: Erie County has no choice, but to fund the approximately one-quarter of the Medicaid program, and

WHEREAS: in 2005, every single dollar of Erie County=s property tax levy along with an additional $55 million from other sources will be spent on the local share of the Medicaid Program, and

Meeting #22

December 15, 2004

page 232

WHEREAS: the tremendous cost of Medicaid will assure the end of all other non-mandated county services in 2005, if New York State does not cut Erie County=s local share contribution, and

WHEREAS: the impact on City, Town and Village residents will be devastating with the loss of sheriff patrols, district attorneys, probation officers, road repair units, snow plows, cultural and public benefit agencies, and

WHEREAS: without Medicaid relief it will be the end of our cities, towns and villages as we know them,

NOW THEREFORE BE IT

RESOLVED: that the Evans Town Board supports any and all efforts by New York State to implement Medicaid reform that will bring savings to local municipalities, and

BE IT FURTHER

RESOLVED: that this Honorable Body asks all County, City, Town and Village leaders to join AAlbany Can You Hear Us Now?@, which is demanding that New York State provide needed Medicaid reform that will assure Erie County=s ability to provide public safety and quality of life programs and initiatives, and

BE IT FURTHER

RESOLVED: that this Honorable Body implores all County, City, Town and Village leaders to pass a resolution, if they have not already done so, asking New York State to pass meaningful Medicaid reform that will provide needed mandated relief to local municipalities, and

RESOLVED: that certified copies of this resolution be sent to Governor Pataki, Assembly Speaker Silver, Senate Majority Leader Bruno, Assembly Majority Leader Tokasz, the local delegation to the New York State Legislature. A copy of this resolution is to be sent to the Association of Erie County Governments.

Carried.

RESOLUTION 437 Town Licenses

Meeting #22

December 15, 2004

page 233

Councilman Erickson moved and Councilman Bartus seconded that all Town Licenses applied for be granted contingent upon the approval of the Chief of Police and Department of Health as follows:

JTKS Corp D/B/A Quiznos - refreshment

P.J.R. Tavern Inc. D/B/A Captain Kidd=s - refreshment, amusement & Live Band

Chui Hung Wong D/B/A China King - refreshment

Evans Land Corp D/B/A Grandview Golf Course - refreshment

Thomas J. Eoannou D/B/A Point Breeze R.V. Resorts L.L.C. - refreshment, amusement & live band

Joseph J. Catalano D/B/A V.F.W. - refreshment & amusement

Marie T. Mogavero D/B/A Meadowbrook Rest. & Bar, Inc. - refreshment, amusement & live band

Michael & Deborah Slawinski D/B/A Short=s Inc. - refreshment, amusement & live band

Carrols Corporation D/B/A Burger King #529 - refreshment

Lake Erie Beach Vol. Fire Co - refreshment, amusement & live band

VOTE RESULT: Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati aye

RESOLUTION 438 Audit of Bills

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

GENERAL 2678-2807 55,852.40

PART TOWN 2678-2807 19,725.94

HIGHWAY 2678-2807 23,117.44

WATER 2678-0807 114,699.00

SPECIAL DISTRICTS 2678-0807 65,611.30

VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

RESOLUTION 439 Adjournment

Councilman Erickson moved and Councilman Govenettio seconded to adjourn tonights meeting to the Organizational Meeting on Wednesday, January 5, 2005 at 6:00pm and the next regular scheduled Town Board meeting on Wednesday, January 5, 2005 at 7:30pm.