RESOLUTION 216 Approve minutes

 Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of May 18, 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.

Richard Hammer, 1247 Backus Road, Derby called a number of county officials including Legislator Chase regarding the County Park closures and who authorized the signs to be placed at the parks.  She was not responsive to his inquiries and did not call him with the answers to his questions.  He doesn't feel she should have been appointed assessor in the Town of Evans.

Robert Catalano, 7339 Erie Road, Derby, New York questioned if the documentation regarding the appointment of Jeanne Chase as Assessor was available.  He doesn't feel the Town verified the credentials of Mrs. Chase and the State has clearly stated they do not verify any of the documentation on an application.  He suggests the Town Board reconsider Mrs. Chase=s appointment until proper verification of her experience has taken place.

Robert L. Palmer, 1780 Eden Evans Center Road, asked when a copy of the Lake Erie Beach survey will be available to the citizens of the Town.

David Burke, 7815 Erie Road, Derby, New York was a member of the Recreation Advisory Board and Lake Erie Beach Property Owners Association in the 1980's who donated the land at Lake Erie Beach to the Town with a gentlemen=s agreement that the land would only be utilized by the Town and not be sold.

Meeting #11

June 1, 2005

page 121

 Robert R. Palmer, 1780 Eden Evans Center Road questioned what type of pathway the Town is looking to provide at Lake Erie Beach Park to the beach when one is currently in place.  He would like to see the town acquire more park land to improve the quality of life for residents.  An adult playground for senior citizens would be something to look at.

Charles Militello, 6840 Prescott Drive, thanked the three (3) Town Board members who attended the memorial service at Memorial Park in Derby and also for the picnic table at the site.  He requested a refuse container.  He questioned if hobby cats, jet skis and small boats would have accessibility to launch at Lake Erie Beach Park.  Tourism also needs to be expanded.  The lawn mower that cuts the grass between the sidewalk and street is leaking oil all over the sidewalk, grass etc.

John O'Donnell, 9193 Applewood asked the Town Board to see that no other trees are being cut down at Lake Erie Beach Park.  He also questioned if the fence between the South Shore and Town Park was going to be put back up or replaced.  He would like to see trees replaced that have come down at the parks.

Sheri Hahn, 603 Fulton Avenue had a memorial weekend clean-up in Lake Bay and the garbage is not being picked up in her neighborhood.  There are 57 homes and each home owner is entitled to 8 bags for a total of 456 bags of garbage each week to be picked up.  Thanked the police department for more frequent patrols in the area.  She would hope the Chief of Police would again publish the law regarding motorized vehicles on the beach.

RESOLUTION 217 Dale Alquire RE: request assistance with a drainage problem

Supervisor Catalino moved and Councilman Erickson seconded to refer the communication from Dale Alguire, Church Road regarding assistance with ditch cleaning bordering his property to the Highway Superintendent for discussion at the June 8, 2005 work session.

Carried.

 RESOLUTION 218  Dick Hammer RE: appt of Assessor

 Supervisor Catalino moved and Councilman Csati seconded to receive and file the communication from Dick Hammer regarding the appointment of the assessor.

Carried.

 Councilman Csati reported the Highway Superintendent has done some paving work at Lake Erie Beach Park and the Town Park.

-Thanked Chuck Militello for complimenting the Town on the parks and the park employees.

 

Meeting #11

June 1, 2005

page 122

 Councilman Bartus presented the following reports:

-Hazardous waste drop-off at the Erie Community College south campus on June 18, 2005 from 9am - 2pm no tires or commercial waste will be accepted.

-Computer and electronics drop off will be held on June 4, 2005 from 9am - 2pm at the University of Buffalo north campus.

 Councilman Govenettio presented the following reports:

-Evans Youth Baseball held a tournament over Memorial weekend that was very successful with many compliments from people attending regarding the Town.

-Police Department report for the month of May

-Commendations to Lieutenant Detective Samuel DeJohn and Detective Ernie Masullo for an incident on April 15, 2005

-Commendation to Dispatcher Patrick Garrigan for an incident on May 7, 2005.

-Volunteer Firemen did a great job with a fire in the Ryan Homes.

 Councilman Erickson presented the following reports:

-There is and will be a community events calendar in the Pennysaver each month during the summer season put out by the Southtowns Community Enhancement Coalition than can be clipped and saved.

-An entertainment guide has been prepared by the Chamber of Commerce listing restaurants, entertainment, boating etc in the area to be distributed at events such as the baseball tournament and fishing derby.

 Supervisor Catalino stated that everyone has different beliefs and ideas that they feel are right for our Community.  I am very proud of the four (4) people he works with on the Board right now.  They all do the best they can as I do.  Everyone in the community can't be pleased but it is nice to see things are accomplished whether it is for the right reason or not.  We have a great community and I am proud of all the department heads and employees and those people who come to the Town Board meetings all the time with concerns for our community.  As long as your thoughts and ideas are in the best interest of the community I welcome anyone to be present at meetings every night.  Memorial Park in Derby that Mr. Militello worked for are the things we should all be proud of. 

RESOLUTION 219 Committee and Department Head reports

 Supervisor Catalino moved and Councilman Bartus seconded to accept the Committee and Department Head reports.

Carried.

 RESOLUTION 220 PLL #2 & #3 & #4 of the year 2005 & Appt of part time Police Officer

Meeting #11

June 1, 2005

page 123

 Supervisor Catalino moved and Councilman Erickson seconded that Proposed Local Law #2 of the year 2005 regarding Zoning/Licensing, Proposed Local Law #3 of the year 2005 regarding the Licensing of Animals, the appointment of a part time police officer and Proposed Local Law #4 of the year 2005 regarding Property Maintenance remain under old business on the agenda.

Carried.

RESOLUTION 221   Appt of laborer/gateguard/nightwatchmen

 Councilman Csati moved and Supervisor Catalino seconded,

 RESOLVED:                                     that the following individuals be appointed to the position of laborer/gateguard/nightwatchmen; to be paid $6.00 per hour; to be called as needed:

 Marc Smaldino, 9239 Lakeside Ave., Angola

Matthew Crane, 1432 Darlington Dr., Derby

Shannon Gable, 7278 Sweetland Rd., Derby

Joseph Gian, 6928 Derby Rd., Derby

Matthew Gian, 6928 Derby Rd., Derby

Justin Gullo, 31 Beverly Dr., Angola

Mike Storey, 42 Washington Dr., Angola

Phil VanKoughnet, 75 S. Main St., Angola

Ashley Sullivan, 7231 Versailles Pl. Derby

Kyle Leach, Angola

Tom Majkut, Angola

John Paul Zajas, Angola

 VOTE RESULT:                               Councilman Csati                             aye

Supervisor Catalino                          aye

Councilman Govenettio                   aye

Councilman Bartus                           aye

Councilman Erickson                       aye

 RESOLUTION 222  Appt of caretaker RPT

 Councilman Bartus moved and Councilman Govenettio seconded,

 RESOLVED:                                     that Fern Plummer of 856 Thomas Lane, Angola, NY is hereby appointed as caretaker RPT at a rate of $8.50 per hour.

 

Meeting #11

June 1, 2005

page 124

 

VOTE RESULT:                               Councilman Bartus                           aye

Councilman Govenettio                   aye

Councilman Csati                             aye

Councilman Erickson                       aye

Supervisor Catalino                          aye

 

RESOLUTION 223  Rate of pay for Board of Assessment Review Chairman, Members, Secretary and Appt of Secretary

 Councilman Erickson moved and Councilman Bartus seconded, 

RESOLVED:                                     that each member of the Town of Evans Board of Assessment Review shall be compensated at the rate of $40.00 per session attended, the Chairman be paid $55.00 per session attended, and the Secretary be paid $70.00 per diem, and

 BE IT FURTHER

 RESOLVED:                                     that Jeneen McSkimming be appointed Secretary to the Board of Assessment Review, and

 BE IT FURTHER

 RESOLVED:                                     that a copy of this resolution be given to the Assessor's Office.

 

VOTE RESULT:                               Councilman Erickson                       aye

Councilman Bartus                           aye

Councilman Csati                             aye

Councilman Govenettio                   aye

Supervisor Catalino                          aye

 RESOLUTION 224 File application for funds from NYS Office of Parks & Recreation for Apply for grant for Nettlecreek Playground improvements and conservation easement/preservation covenant to the deed of t he assisted property

 Councilman Erickson moved and Councilman Csati seconded,

 Meeting #11

June 1, 2005

page 125

 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 NYS Office of Parks, Recreation and Historical Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 of the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $100,00 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 the Nettlecreek Playground Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.

Carried.

RESOLUTION 225 Re-Affirm commitment to having a multi-use recreation trail in the Town of Evans

 Councilman Bartus seconded and Councilman Erickson seconded,

 WHEREAS: the Town of Evans Town Board has adopted the Town of Evans Comprehensive Master Plan in 1999, and

 WHEREAS: the Town of Evans Town Board has filed an application for funds for the multi-use recreational trail, now

 NOW THEREFORE BE IT

 RESOLVED:                                     that the Evans Town Board would like to re-affirm that we remain very committed to having a multi-use recreational trail in the Town of Evans.

Carried.

 RESOLUTION 226 File application for funds from NYS Office of Parks & Recreation for multi-use recreational path & conservation easement/preservation covenant to the deed of the assistant property

 Councilman Erickson moved and Councilman Bartus seconded,

 RESOLVED:                                     that the Supervisor for the Town of Evans is hereby authorized and directed to file an application for funds from the NYS Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 for the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $350,000

Meeting #11

June 1, 2005

page 126

 BE IT FURTHER

 RESOLVED:                                     that upon approval of said request the Supervisor of the Town of Evans is hereby authorized to enter into an execute a project agreement with the State for such financial assistance to the Town of Evans for the Multi-Use Recreational Path and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.

Carried.

 RESOLUTION 227  Sign 2004 STOP DWI contract

 Councilman Govenettio moved and Councilman Erickson seconded,

 WHEREAS: it is the Town of Evans intention to participate in the Erie County Stop-DWI grant program which returns DWI fines to the communities through grants; 

THEREFORE BE IT RESOLVED:                                    
that Supervisor Catalino is hereby authorized to sign the 2004 Stop DWI contract on behalf of the Town of Evans and that the Town Clerk is hereby directed to prepare a certified copy of this resolution to be attached to the Stop-DWI contract package.

Carried.

 RESOLUTION 228  Authorize Supervisor to sign Water Improvements  Study and authorize Wendel Duscherer to complete the study

 Councilman Govenettio moved and Councilman Erickson seconded,

 WHEREAS: the Town of Evans currently has a project application with DWSRF for subsidized low interest rate loans and grants for construction of eligible water system projects, and

 WHEREAS: an opportunity exists to enhance the project and it=s funding eligibility by increasing the level of water system improvements

 THEREFORE BE IT

 Meeting #11

June 1, 2005

page 127

 RESOLVED:                                     that Wendel Duchscherer is hereby authorized to complete the Water System Improvements study for a total cost of $17,000 and the Supervisor is so authorized to sign the necessary documents.

Carried.

 

RESOLUTION 229 Authorize Supervisor to sign agreement with Wendel Duchscherer for professional services  through 2007

 Councilman Csati moved and Councilman Bartus seconded,

 RESOLVED:                                     the Supervisor of the Town of Evans is hereby authorized to sign the professional services agreement with Wendel Duchscherer for Engineering Services through December 31, 2007, with fees to be paid according to the attached schedule subject to approval of the Director of Finance and the Town Attorney. (See Addendum A).

 This resolution shall take effect immediately.

 VOTE RESULT:                               Councilman Csati                             aye

Councilman Bartus                           aye

Councilman Govenettio                   aye

Councilman Erickson                       aye

Supervisor Catalino                          aye

 

RESOLUTION 230 Town Licenses

 Supervisor Catalino moved and Councilman Csati seconded to grant a one day Live Band License for a graduation party to Linda M. Scritchfield, Derby, New York for June 11, 2005 contingent upon approval of the Chief of Police and Town Clerk=s Office.

Carried.

 RESOLUTION 231 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 on this date as follows:

 GENERAL                                         988-1101                                           56,897.36

PART TOWN                                     988-1101                                           46,839.43

HIGHWAY                                        988-1101                                           21,201.74

WATER                                              988-1101                                           8,505.48