RESOLUTION 88 Approve minutes

 Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of January 19, 2005 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 Dr., requested that the Town advertise the revolving loan program that is through the Economic Development Office and stated that he is appealing the letter of denial dated January 26, 2005 for his FOIL request dated January 18, 2005.

Bruce Kershner, a forestry ecologist and environmental scientist, 353 Fruitwood Terrace, Amherst is concerned about the sand dunes and the hemlock trees and requests that an environmental impact statement be performed because he feels there will be negative impacts: 1) decapitating of the trees on the dune which would then decrease the dune by 20% 2) Eagles are nesting on the property   3) The old growth hemlock forest is only 1 of 2 places in the world where old growth hemlocks grow on a sand dune as well as the oldest forest in New York State 4) the only natural sand dune left in New York State's portion of Lake Erie and possibly at least to Cleveland, Ohio 5) archaeological sites.

At this time 7:50pm a public hearing is scheduled as duly advertised in the Town Crier, official newspaper of the Town of Evans for the consideration of proposed Local Law #2 of the year 2005 regarding zoning and licensing.

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February 2, 2005

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 There being no one wishing to speak the public hearing was closed at 7:53pm and Supervisor Catalino reopened the privilege of the floor.

Larry Beahan, a former resident of the Town of Evans, currently resides at 5 Darwin Dr., Amherst, Forest Chairman of the Niagara Group of the Sierra Club and was a lifeguard in his youth at Bennett Beach, requests that the forest and sand dune be protected because bald eagles have been spotted in the hemlocks so therefore an endangered species is being threatened and therefore an environmental impact statement is required.

Ray Markiewicz, 9622 Pt. Breeze Dr., founding Chairman of the Niagara Frontier Chapter of the Adirondack Mountain Club, is requesting the Town Board to look seven generations ahead not just at the tax base and think about the hike/bike trail and have an impact study completed.

Peter Allen, 9177 Meadow Lane, is requesting an environmental impact study.

Kathy Allen, 9177 Meadow Lane, wants to save the environment.

Phil Pinto, 728 Sand Ave., feels the dunes protect them from storms and requests that an economic impact study be completed.

At this time 8:00pm a public hearing is scheduled as duly advertised in the Town Crier, the official newspaper of the Town of Evans to consider the adoption of Proposed Local Law #3 of the year 2005 regarding the licensing of animals.

There being no one wishing to speak the public hearing was closed at 8:03pm and Supervisor Catalino reopened the privilege of the floor.

Robert Palmer, 1780 Eden Evans Center Road commented that he attended a public hearing for the Town of Eden regarding the pornography store and questioned why there was not any representatives from the Town of Evans present including the Town Crier.  He requests the Sun be declared as the official paper of record for the Town of Evans.  He presented the Town Board with copies of forms that other towns use for FOIL requests and would like to see the Town of Evans use something similar.

Albert Brown, Friends of the Ancient Forest, 12060 Town Line Road, Springville, questioned what criteria will be looked at in a decision to have an environmental impact statement completed  He also requested that the effect of the ecosystem, the erosion of the primary dune, the migratory bird species be considered not just saving 500 year old trees.

Janet Kellem, Fort Erie Bert Miller Nature Club, requested an environmental impact statement be completed because it is a fragile environment.

Jerry Horowitz, 4927 Tuscarora Road, Niagara, NY, member of the WNY Old Growth Forest Survey, urges the Town to have an environmental impact statement completed and it make no sense to threaten the oldest trees in New York State.

Robert Pajonk, 6720 Schuyler, Derby, questioned if when this property or any woodlands go up for sale if any environmental impact statement is required.  Suggested

 

Meeting #3

February 2, 2005

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 that Erie County use the cigarette money to buy the property back.

Carol Pajonk, 6720 Schuyler, Derby, requests that an environmental study be completed and that the area be protected and preserved for future generations.

Don Shelters, Zoar Valley Paddling Club, Conservation Officer, 9457 Harvey Road, East Otto, requested that we protect the old growth forest, lakes, rivers and streams.

 RESOLUTION 89 Phillips Lytle LLP RE: White minor subdivision

Supervisor Catalino moved and Councilman Csati seconded to receive and file the communication from Phillips, Lytle LLP regarding the White minor subdivision.

Carried.

RESOLUTION 90 Daniel Pacos, Lake Shore Central Schools RE: request use of (4) voting machines for annual school budget vote & election of board members on May 17, 2005

 Supervisor Catalino moved and Councilman Bartus seconded to grant the request of Daniel Pacos of Lake Shore Central Schools for the use of four (4) voting machines for their annual school budget vote and election of board members on May 17, 2005.

Carried.

RESOLUTION 91 Rita & Jim Glogoza RE: request to purchase section of Point Breeze Road

Supervisor Catalino moved and Councilman Erickson seconded to refer the request of Jim and Rita Glogoza to purchase a section of Point Breeze Drive to the proper department heads as per town policy for paper roads.

Carried.

RESOLUTION 92 Sandra Brant, Chairman of Planning Board RE: SEQRA declaration for White minor subdivision

Supervisor Catalino moved and Councilman Bartus seconded to receive and file the communication from Sandra Brant, Chairman of the Evans Planning Board regarding the White minor subdivision.

Carried.

Councilman Csati commended the Highway Department for a job well done for the last couple of weeks for snow storms and the Parks Department for plowing the Town Hall parking lots.

 

Meeting #3

February 2, 2005

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 Councilman Bartus reported that she was disappointed to read the Pennysaver this week to see an ad that stated the Town Board was missing in action as the author of it knew where they were and she is disappointed in the way it was written.

 Councilman Govenettio read a letter of commendation for Detective Masullo for a fire that occurred on Pontiac Road and his investigative skills.

-the Town of Evans Water Department and the local fire companies will be receiving hydrant steam thawers to help with frozen hydrants in about 4-6 weeks

-If there were any water leaks over the winter please contact the Water Department for their schedule as to when they will be out to repair the lawn and sidewalks.

 Councilman Erickson reported that the Town Board has placed an update of Town Government activities in the Town Crier and Pennysaver.

RESOLUTION 93 Committee and Department Head reports

Supervisor Catalino moved and Councilman Bartus seconded to approve the committee and department head reports as follows:

Diana A. Cafferty, Receiver of Taxes and Assessments:

2004 year end report

VOTE RESULT:       Supervisor Catalino  aye

Councilman Bartus   aye

Councilman Csati     aye

Councilman Govenettio       aye

Councilman Erickson           aye

RESOLUTION 94 White minor subdivision

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

Carried.

 RESOLUTION 95 Sturgeon Point Marina slip rates & fees

Councilman Csati moved and Councilman Govenettio seconded,

 WHEREAS: the cost to operate the Sturgeon Point Marina increases each year; and

 WHEREAS: an increase in rental rates would help to offset the yearly increases; 

 

Meeting #3

February 2, 2005

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BE IT FURTHER

 RESOLVED:             that the following rates for water slips and dry dock areas in the Sturgeon Point Marina be approved; to be effective as of the 2005 boating season.

Dry Dock - $17.00 per foot (boat length)

18' water slip - $600.00

20' water slip - $650.00

22' water slip - $750.00

24' water slip - $850.00

28' water slip - $1,050.00 (includes electric)

30' water slip - $1,250.00 (includes electric)

 VOTE RESULT:       Councilman Csati     aye

Councilman Govenettio       aye

Councilman Bartus   aye

Councilman Erickson           aye

Supervisor Catalino  aye

RESOLUTION 96 Permissive referendum for sale of paper streets

 Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans has acquired, or may have acquired, title to certain parcels of land located in the Town of Evans; and

WHEREAS: the Town Board of the Town of Evans has from time to time resolved to sell certain parcels of land being paper road rights of way, to which the Town of Evans acquired, or may have acquired title; and

WHEREAS: it is no longer necessary for the Town of Evans to retain said properties; and

WHEREAS: certain persons or parties have offered to purchase such right title and interest the Town of Evans may have in such parcels of land; 

WHEREAS: the Town 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

 

Meeting #3

February 2, 2005

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 NOW THEREFORE BE IT

 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 each of the purchasers set forth hereinafter a quit claim deed conveying any right title or interest the Town of Evans has, if any, in the parcels or 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 purchasers, that:

 1.)  Newcomb Road right of way between Gowans Road and Southwestern Boulevard, to Michael R & Jennifer R. Hontz of 9196 Newcomb Road, Angola, New York 14006, a 24.75 x 1266.54 feet right of way as the same adjoins SBL#236.00-4-8 for the sum of $441.00; and

 2.)  Newcomb Road right of way between Gowans Road and Southwestern Boulevard, to Gary J. and Carol J. DeCarlo of 9143 Newcomb Road, Angola, New York 14006, a 24.75 x 1266.54 feet of right of way as the same adjoins SBL#236.00-4-9.1 for the sum of $441.00

 AND BE IT FURTHER

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

 VOTE RESULT:       Councilman Erickson           aye

Councilman Bartus   aye

Councilman Csati     aye

Councilman Govenettio       aye

Supervisor Catalino  aye

 RESOLUTION 97 Create (2) RPT Assistant Code Enforcement Officer and appt of

 Councilman Erickson moved and Councilman Govenettio seconded,

 RESOLVED:             that two (2) positions of AAssistant Code Enforcement Officer RPT@ are hereby created in accordance with NYS and Erie County Civil Service rules and regulations, and the Director of Finance is hereby directed to file all necessary paperwork, and

Meeting #3

February 2, 2005

page 50

BE IT FURTHER

RESOLVED:             that Paul Ryerse and Ronald Milks are hereby appointed provisional Assistant Code Enforcement Officers RPT at the rate of pay of $15 per hour.

 VOTE RESULT:       Councilman Erickson           aye

Councilman Govenettio       aye

Councilman Csati     aye

Councilman Bartus   aye

Supervisor Catalino  aye

 RESOLUTION 98  Sign agreement for insurance and risk management consulting services

 Councilman Govenettio moved and Councilman Bartus seconded,

 RESOLVED:             that Holfoth Risk Management is hereby retained to provide the Town of Evans with insurance and risk management consulting services for the year 2005 for the amount of $17,850.00, 2006 for the amount of $18,750.00 and 2007 for the amount of $19,500.00.  Supervisor is hereby authorized to sign agreement once approved by the Director of Finance and the Town Attorney.

Carried.

 RESOLVED: 99 2004 budget transfers

 Councilman Bartus moved and Councilman Govenettio 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 s submitted for the months of October through December.  (See Addendum A)

 VOTE RESULT:       Councilman Bartus   aye

Councilman Govenettio       aye

Councilman Erickson           aye

Councilman Csati     aye

Supervisor Catalino  aye

Meeting #3

February 2, 2005

page 51

 RESOLUTION 100 Authorize payment for retirement contributions for 2004-2005 from APart-Town Pension Reserve@

 Councilman Govenettio moved and Councilman Erickson seconded,

 RESOLVED:             that payment of $31,377 is hereby authorized from the APart-Town Pension Reserve@ for payment of retirement contributions for fiscal year 2004-05.

 VOTE RESULT:       Councilman Govenettio       aye

Councilman Erickson           aye

Councilman Bartus   aye

Councilman Csati     aye

Supervisor Catalino  aye

RESOLUTION 101 Town Licenses

Supervisor Catalino moved and Councilman Bartus seconded to grant the Town Licenses applied for upon the approval of the Chief of Police and the Department of Health as follows:

Vincent J Cala D/B/A Cala's Kitchen & Catering - refreshment

Gary T Ballowe D/B/A South Shore Beach Club - refreshment, amusement & live band

Carried.

RESOLUTION 102 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 as of this date.

 GENERAL                 118-210                     99,134.89

PART TOWN             118-210                     40,322.20

HIGHWAY                118-210                     22,592.69

WATER                      118-210                     12,417.50

CAPITAL PROJECTS          118-210                     4,369.03

SPECIAL DISTRICTS         118-210                     45,659.54