EVANS TOWN BOARD MEETING MINUTES

Meeting #9

May 4, 2005

page 99

Deputy Supervisor Erickson regarding the American Legion on Route #5 and the concession stand at Sturgeon Point Marina.

RESOLUTION 187 Disabled American Veterans Chapter #177 RE: request to sell forget-me-nots June 30-July 2, 2005

Deputy Supervisor Erickson moved and Councilman Bartus seconded to grant the request of the Disabled American Veterans Chapter #177 to sell forget-me-nots from June 20, 2005 through July 2, 2005.

Carried.

RESOLUTION 188 Terrance Cooke RE: request assistance with a tree that has fallen in the creek which borders his property

Deputy Supervisor Erickson moved and Councilman Govenettio seconded to refer to the Highway Superintendent the request of Terrance Cooke requesting assistance with a tree that has fallen in the creek which borders his property.

Carried.

RESOLUTION 189 Sandy Brant, Minor Subdivision Review Committee RE: Claddagh Minor Subdivision 8484 & 8884 Erie Road, Angola, NY SBL#220.00-2-39

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval,

WHEREAS: a variance for the side lot setback granted by the Town of Evans Zoning Board of Appeals on April 13, 2005, and

WHEREAS: the SEQR negative declaration by the Evans Planning Board, as Lead Agent, on April 27, 2005 from a site plan review for this property is sufficient and valid for this action

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 Claddagh Commission Minor Subdivision, dividing a 1.82+/- acre parcel known as SBL#220.2-39 to create:

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1. A 1.49+/- acre parcel with 143.24+/- feet of frontage on Erie Rd., and

A .33+/- acre parcel with 31.76+/- feet of frontage on Erie Rd

Petitioner: Claddagh Commission, Inc., 7200 Lake Shore Road, Derby, NY 14047

AND FURTHER BE IT

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 to consider the adoption of Proposed Local Law #4 of the year 2005 which would amend Local Law #5 of the year 2000 commonly known as the Property Maintenance Law and any amendments thereto Town Code Chapter 149, Property Maintenance for the regulation and maintenance of real property.

Robert Palmer, 1780 Eden Evans Center, Angola Road requested clarification of who is responsible for the maintenance of the right of ways because he concerned for his safety as he has one mile of frontage on a busy road. Also asked for clarification regarding the maintenance of a treed lot.

Charles Militello, 6840 Putnam, Derby questioned if the Town was still going to provide maintenance on right of way with a tractor and sickle. Suggested that the young people be directed through the Court system to perform community service and help the seniors with the maintenance of their property.

Supervisor Catalino closed the public hearing at 7:56pm.

Town Attorney Zajas reported that the horse training track on Route #20 neighboring Mr. Gleason's property appears that it is not in compliance with the present Town Code relative to the tracks maintenance and location so therefore it is a non-conforming pre-existing property use so therefore they very well maybe grand-fathered in and to try and force compliance with the current code of a pre-existing property is not something that would be effective or even possible.

Councilman Csati reported that the Sturgeon Point Marina will open May 14, 2005.

-He just received the survey for Lake Erie Beach Park and there will be a meeting with the Lake Erie Beach Advisory Board in the future and it will be an open meeting.

-Lake Erie Beach Advisory Board is in need a few members.

Councilman Bartus received a note from Gifford Swyers regarding Erie Sewer

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District and odor reduction.

-Hazardous Waste Drop-off will be Saturday, June 18, 2005 from 9-noon at Erie County College South campus and Erie County is looking for assistance from any interested citizens for the drop-off due to personnel cutbacks.

Councilman Govenettio read commendations from the Police Department and Officer Eppolito received the Erie County Stop DWI award.

-Police Department report

-Water Department report

-The town will be applying for a $100,000.00 grant for Nettlecreek Playground upgrades/improvements.

Councilman Erickson reported that she attended a meeting with the New York State Thruway Authority yesterday and she was informed that the Lackawanna tolls will not be moved for many many years as it would be a $62 million project. Assemblyman Quinn is looking to introduce Legislation to relocate the toll barrier. The Town Board will continue to meet with the thruway authority. The Thruway Authority is planning to expand the Angola Service Area in the next 2-3 years to accommodate 80 more trucks and remove the rest area by 18 mile creek. She suggested that they put in a visitors center at the Angola rest stop. The Thruway Authority asked that the Town forward the letters received about signage.

-Town received a $5,000.00 grant for the Joel Harvey Fishing Access Site at 18 Mile Creek at the Fiebelkorn property. Commended Lori S., Director of Community Development for the work she did on the grant application.

Supervisor Catalino reported that tonight's meeting will be adjourned in memory will be adjourned in memory of Carl Tagliaferro who passed away yesterday.

RESOLUTION 190 Committee & Department Head reports

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

Carol A. Meissner, Town Clerk:

Petty Cash $-0-

April Monthly report $15,811.50

Carried.

RESOLUTION 191 White Minor Subdivision; PLL #2 of the year 2005 (Zoning/Licensing); PLL #3 of the year 2005 (Licensing of Animals) & Appt of part time Police Officer

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Supervisor Catalino moved and Councilman Erickson seconded to leave the White Minor Subdivision; Proposed Local Law #2 of the year 2005 (Zoning/Licensing); Proposed Local Law #3 of the year 2005 (Licensing of Animals) & the Appointment of part time Police Officer under old business on the agenda for Evans Town Board meetings.

Carried.

Proclamation for Municipal Clerks Week

Supervisor Catalino read the following proclamation:

PROCLAMATION

Municipal Clerk's Week

May 1 through May 7, 2005

WHEREAS: the Office of the Municipal Clerk, a time honored and vital part of the local government exists throughout the world,

WHEREAS: the Office of the Municipal Clerk is the oldest among public servants, and

WHEREAS: the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and

WHEREAS: Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.

WHEREAS: the Municipal Clerk is the information center on functions of local government and

community.

WHEREAS: Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations.

WHEREAS: it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.

NOW THEREFORE

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May 4, 2005

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I, , Supervisor of the Town of , do recognize the week of May 1 through May 7, 2005 as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, ,

and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Dated this day , of , 2005.

Supervisor

RESOLUTION 192 Permissive Referendum for the purchase of (3) crown victoria police vehicles, (1) tahoe police vehicle & (1) jeep police vehicle

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 $109,775.13 is to be used from the part-town equipment reserve for specific purpose of the purchase of three (3) Ford Crown Victoria Police Vehicles, one (1) Chevy Tahoe Police Vehicle, and one (1) Jeep Cherokee Police Vehicles. This resolution shall be subject to permissive referendum.

The Clerk shall publish a copy of this resolution in the official paper 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 Csati aye

Councilman Erickson aye

Supervisor Catalino aye

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RESOLUTION 193 Permissive Referendum for the purchase of international 4x2 truck for the Highway Department

Councilman Csati moved and Councilman Govenettio seconded,

WHEREAS: the Town of Evans Highway Department is in need of a new truck to be used in its operations, and

WHEREAS: the Highway Department Capital Reserve has been established for the financing of this type of expenditure;

THEREFORE BE IT

RESOLVED: that $117,174 is to be used from the highway equipment reserve for specific purpose of the purchase of one (1) International model 7600 SBA 4x2 cab, chassis, and dump body. This resolution shall be subject to permissive referendum.

The Clerk shall publish a copy of this resolution in the official paper of the Town within 10 days under the heading ANotice of Adoption of Resolution subject to Permissive Referendum@.

VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Erickson aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 194 Appt of laborer/gateguard/nightwatchmen

Councilman Csati moved and Councilman Bartus seconded,

RESOLVED: that the following individuals be appointed to the position of laborer/gateguard/nightwatchman; to be paid the designated rate of pay; to be called as needed:

Michael Hougle, 342 Central Ave., Angola $8.50

Ashley Driscoll, 9546 Jamestown Rd., Angola $8.00

Daniel Carriero, Sr., 9946 Erie Rd., Angola $8.00

Patrick Murphy, 664 Monroe, Angola $8.00

Daniel Carriero, Jr., 1293 Peppertree Dr., Derby $8.00

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Antoinette DiBella, 695 Steffi Dr., Angola $6.75

Angela Jones, 8587 Larch Rd., Angola $6.75

Matt Ramsey, 357 Taft St., Angola $6.25

Dan Ramsey, 357 Taft St., Angola $6.00

Matthew Driscoll, 9546 Jamestown Rd., Angola $6.00

Eric Carlson, 46 High St., Angola $6.00

Thomas Cooper, 64 Lake St., Angola $6.00

Michael Krajacic, 28 John R. Dr., Angola $6.00

Jeremy Labenski, 6627 Wellington Dr., Derby $6.00

Benjamin Loos, 70 High St., Angola $6.00

Michael Ruggiero, 7003 Putnam Dr., Derby $6.00

Richard Walker, 6585 A Lake Shore Road, Derby $6.00

Brent Garner, 37 Grove St., Angola $6.00

Joshua Rammacher, 301 Dawn Ave., Angola $6.00

Shane Standart, 8136 Erie Rd., Angola $6.00

Kristen Giancarlo, 106 S. Main St., Angola $6.00

Jeffrey Steenberg, 49 Maple St., Angola $6.00

Nicole Ziolkowski, 313 Eastwood, Angola $6.00

Jack Fritz III, 48 S. Main St., Angola $6.00

James Feldman, 343 Roat Dr., Angola $7.00

Jesse Widmer-Wick, 369 Harper Rd., Angola $6.00

Anne Winters, 1083 Sturgeon Point Rd., Derby $6.00

Paul Tomaka, Angola $6.00

Jerry Grasso, Angola $6.00

VOTE RESULT: Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 195 Appt of consultant for assessment training

Councilman Govenettio moved and Councilman Csati seconded,

WHEREAS: the Town of Evans will appoint a new Assessor to replace the retiring Sam Lomando, Jr., and

WHEREAS: Assessment training and consultation services in addition to the NYS required course work are in the best interest of the transition of the department to maintain the proper levels of service.

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THEREFORE BE IT

RESOLVED: that the Supervisor is hereby authorized to enter into an agreement with Sam Lomando, Jr. DBA for assessment training and consulting services.

This resolution shall take effect immediately.

VOTE RESULT: Councilman Govenettio aye

Councilman Csati aye

Councilman Bartus aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 196 Request NYS Legislature to reclassify a member of NYS Retirement system

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: Carol Meissner has been employed by the Town of Evans since June 1, 1973, and

WHEREAS: through no fault of her own, Mrs. Meissner did not become a member of the New York State Retirement System until January 1, 1978, and

WHEREAS: Assemblyman Quinn and Senator Volker have introduced legislation on her behalf that would grant Mrs. Meissner appropriate retirement service credit and Tier Reclassification in the New York State and Local Employees Retirement System, and

WHEREAS: In order for the State Legislature to consider said legislation, a home rule request is requiredd from the Town Board of the Town of Evans.

THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans hereby requests the State Legislature enact legislation to allowing Carol A. Meissner to be reclassified as a Tier 1 member of the New York State and Local Employees= Retirement System.

THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.

Carried.

Meeting #9

May 4, 2005

page 107

RESOLUTION 197 Proclaim the month of May as clean up, paint up & fix up month

Councilman Bartus moved and Councilman Govenettio,

WHEREAS: the Town Board of the Town of Evans wishes to see our community improve and grow and

WHEREAS: the Town Board of the Town of Evans wishes to cooperate with all groups in Evans to clean up, paint up and fix up!

THEREFORE BE IT

RESOLVED: the month of May be proclaimed clean up, paint up and fix up month in the Town of Evans, and urges all residents to participate in these efforts.

Carried.

RESOLUTION 198 Appt of Assessor

Supervisor Catalino moved and Councilman Csati seconded,

WHEREAS: Sam Lomando, Jr. retired as Assessor on April 29, 2005 after 35 years of service with the Town of Evans, and

WHEREAS: the remaining term for the position of Assessor runs through September 30, 2007;

NOW THEREFORE BE IT

RESOLVED: that Jeanne Z. Chase is hereby appointed to the position of Assessor for the Town of Evans for the remainder of the term that expires September 30, 2007 according to New York State guidelines.

This resolution shall take effect immediately.

VOTE RESULT: Supervisor Catalino aye

Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

RESOLUTION 199 Town Licenses

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May 4, 2005

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Supervisor Catalino moved and Councilman Csati seconded to grant the license

application of Daniel Hontz D/B/A Newcomb Long Post 928 American Legion for a refreshment, amusement and live band license contingent upon the approval of the Chief of Police and the Department of Health.

Carried.

RESOLUTION 200 Suspend the Rules of Order

Supervisor Catalino moved and Councilman Csati seconded to suspend the rules of order for the conduct of business for Evans Town Board meetings for the purpose of taking action on two resolutions.

V0TE RESULT: Supervisor Catalino aye

Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

RESOLUTION 202 Motorcycle Awareness

Councilman Bartus moved and Councilman Erickson seconded,

WHEREAS: motorcycle safety awareness is of critical importance to both riders and other potential victims; and

WHEREAS: in the past year, Erie County has experienced more than a dozen mishaps involving motorcycles, more than half ending in fatalities; and

WHEREAS: no single cause is blamed; and

WHEREAS: the Town of Evans lost a valued member of its Police force and a valued member of its Volunteer Fire Department in recent years,

WHEREAS: motorcycle safety awareness has been identified by Governor George Pataki, as well as other government officials, as a priority in traffic safety;

NOW THEREFORE BE IT

RESOLVED: we the members of the Town Board of the Town of Evans, declare the month of May, 2005 as AMotorcycle Safety and Awareness Month@ in our municipality; and

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FURTHERMORE,

we take note of the Saturday, May 7^th assembly of area bikers sponsored by the Buffalo-Erie County Chapter, American Bikes Aimed Toward Education (ABATE) at Chestnut Ridge Park in Orchard Park, NY at 12 noon; and finally, we resolve that this proclamation be sent to Mr. Bob Kuhn, President of ABATE, as well as to the Association of Erie County Governments.

Carried.

RESOLUTION 202 Schedule public informational meeting for proposed storm water regulations draft report

Councilman Erickson moved and Councilman Bartus seconded,

RESOLVED: that a public information meeting on Wednesday, May 18, 2005 at 8:00pm to allow consideration of and comment on the proposed storm water regulations draft report of the Town of Evans to be submitted to the Department of Environmental Conservation, a copy of which will be on file with the Town Clerk and be it further resolved that the Town clerk advertise such public information meeting.

Carried.

RESOLUTION 203 Audit of Bills

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

GENERAL 786-882 61,875.44

PART TOWN 786-882 64,920.60

HIGHWAY 786-882 24,808.52

WATER 786-882 5,974.78

SPECIAL DISTRICTS 786-882 47,256.26

COMMUNITY DEVELOPMENT 786-882 4,204.35

VOTE RESULT: Councilman Csati aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Supervisor Catalino aye

Supervisor Catalino moved and Councilman Csati seconded to adjourn to the next regular schedule work session on Wednesday, May 11, 2005 at 5:00pm and then to Wednesday, May 18, 2005 at 7:30pm.