RESOLUTION 252 Approve minutes

Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of June 15, 2005 and the Special Meeting of June 20, 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.

Tebra Howard, 1520 Eden Evans Center Road applauded Supervisor Catalino on abstaining on a vote regarding his godchild.  She also thanked Councilman Govenettio for returning her phone calls.  There are temporary storage containers located on the old Angola Airport site.  Ms. Howard questioned what the storage containers would be used for and requested the containers be moved back farther away from the road.

Patrick Zydel, 8160 Hillside, feels everyone should think back when they started their jobs and consider what they=ve learned on the job and schooling.  Credentials sometimes does not do it all.  Open your minds.  He feels Jeanne Ebersole will make a great and fair and very concerned Assessor.

Bob Catalano, 7339 Erie Road, Derby, stated after the melt down of County government feels the Town should have hired the most qualified person for the job.  Ms. Chase in his opinion is one of the least qualified or the least qualified for the job of Town of Evans Assessor.  Where is the documentation to substantiate her qualifications.  Six people applied for the job.  Residency is not a criteria for the job.  One application was left standing and that was Ms. Chase.  Mr. Catalano does not feel this was a coincidence.

Meeting #12

July 20, 2005

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 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 #6 of the year 2005 which will amend Local Law #8 of the year 1987 commonly known as the Zoning Law and any amendments thereto and the Zoning Map by rezoning property situate in the Town of Evans as requested by Robert Mann, located at 8550 Erie Road, Angola, New York being .42+/- acres, SBL#235.0-1-6 by rezoning said property from (MS) Motor Service to (GB) General Business.

There being no one wishing to speak the public hearing was closed at 7:52pm.

Councilman Erickson read a letter dated June 28, 2005 regarding the rezoning of 8550 Erie Road from MS to GB from Sandra L. Brant, Chairman of the Evans Planning Board.

 RESOLUTION 253 Sandra L. Brant, Chairman of the Evans Planning Board RE: rezoning of 8550 Erie Road from MS to GB

 Supervisor Catalino moved and Councilman Govenettio seconded to receive and file the communication from Sandra L. Brant, Chairman of the Evans Planning Board dated June 28, 2005.

Carried.

 RESOLUTION 254 SEQRA declaration for PLL #6 of the year 2005

 Councilman Erickson moved and Councilman Govenettio seconded,

 WHEREAS:     Robert Mann has requested a rezoning of property located at 8550 Erie Road, Angola, NY, SBL#235.01-6, from Motor Service (MS) to General Business (GB), and

 WHEREAS:     the Town of Evans Planning Board and the Town Engineer have reviewed the Environmental Assessment Form for the rezoning of said .42+/- acres, and have determined that there will be no significant effect on the environment and have recommended the issuance of a SEQRA negative declaration.

 NOW THEREFORE BE IT

 RESOLVED:   that the Town Board of the Town of Evans adopts these findings and issues a negative declaration with the SEQRA requirements for Robert Mann, 8550 Erie Road, Angola, NY 14006 (Addendum A SEQRA Long Environmental Assessment Form)

Meeting #12

July 20, 2005

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 AND BE IT FURTHER

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

Carried. 

RESOLUTION 255 Adopt PLL #6 as LL #2 of the year 2005

 Councilman Erickson moved and Councilman Govenettio seconded,

 WHEREAS:     Robert Mann has requested a rezoning of property located at 8550 Erie Road, Angola, NY SBL#235.01-1-6, from Motor Service (MS) to General Business (GB), and

WHEREAS:     the Town Board of the Town of Evans has held a public hearing for consideration of the rezoning of a .42+/- acre parcel from Motor Service (MS) to General Business (GB), and

 WHEREAS:     in a letter dated June 28, 2005, the Town of Evans Planning Board has unanimously voted to recommend the rezoning of said property based on the following reasons.

The project appears to be consistent with the Town of Evans Comprehensive Plan.  That plan recommends general business uses for this area of Route 5.

-The project is consistent with the mix of existing businesses and residences in the surrounding area.

WHEREAS:     the Town of Evans Planning Board has recommended the following conditions be placed on the approval of this action:

1.         Under no circumstances shall motor service uses of any kind be conducted on this site.  To this end, the applicant shall provide to the Planning Office a written statement indicating that he understands that no more motor service activities shall be conducted on this property and/or in the building.

2.         No commercial activity other than a family operated business of 2 employees can occur on this property or in the structure until the applicant files application and receives site plan approval from the Planning Board for such activity.  This condition shall be listed as a note on the site plan submitted for this rezoning action and a written statement to this effect shall be provided by the applicant.

3.         Due to the limited amount of land area and the close proximity to the right-of-way for Route 5, the entire area along the front of the building, contiguous with Route 5, shall not be used for the parking of vehicles of any type.

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July 20, 2005

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4.         The existing garage shall be used for the parking of one personal vehicle only; not for any business purposes.

5.         The Certificate of Occupancy shall not be issued until proper plans have been filed, necessary inspections have been conducted and all required permits have been issued by the Code Enforcement Office.

6.         The applicant shall not take up residence in the building until the Certificate of Occupancy has been issued by the Code Enforcement Office.

7.         Three (3) copies of a revised site plan to illustrate all required zoning setbacks, proposed landscaping and on-site parking shall be submitted to the Planning Office.

WHEREAS:     the Planning Board also found no apparent significant environmental concerns, and recommends a SEQRA negative declaration.

NOW THEREFORE BE IT

RESOLVED:   that Proposed Local Law #6 of the year 2005 regarding the above rezoning of part of SBL#235.01-1-6 be adopted as Local Law #2 of the year 2005, and

BE IT FURTHER

RESOLVED:   that the rezoning be subject to the above-referenced conditions, as recommended by the Planning Board, and

BE IT FURTHER

RESOLVED:   that a copy of this resolution be given to the Planning Office, the Assessor's Office and the Code Enforcement Office.

VOTE RESULT:          Councilman Erickson    aye

Councilman Govenettio aye

Councilman Csati          aye

Councilman Bartus        abstain

Supervisor Catalino      aye

RESOLUTION 256 Reopen Privilege of the Floor

Supervisor Catalino moved and Councilman Erickson seconded to reopen the privilege of the floor.

Carried.

Meeting #12

July 20, 2005

page 146

Charles Militello, 6840 Prescott Drive, Derby, NY, told the Supervisor that the five people on the Town Board represent 17,000 people.  The property on Eden-Evans Center Road with portable storage containers is a blunder since there is a storage facility half a mile down the road.  Objects to the Town Crier being placed on everyone's seat this evening.  Mrs. Chase's user friendly history as Legislator took over seven months to replace/repair a guardrail on South Creek Road, a railroad crossing took five months to look at.  This is not user friendly.

Ron McPeek, publisher of the Town Crier, 48 North Main Street, Angola, New York, placed complimentary copies of the Town Crier on everyone's seat this evening for the people to see what is being done in the Village of Angola.  Mr. McPeek presented a video of Point Breeze Park.  There are no obstructions for people to go into that section of Point Breeze Park. It is time to leave these people alone.  He feels the Town and Town Board would do the same thing for any citizen of our town.  Who needed a little consideration because of their situation.   If the Town Board did not allow this use, under the ADA the Town would have been held responsible.

Margaret Hageman, 9644 Oakland Street, is disappointed in the video shown tonight.  Her son made a video of the park also that she would like to show at the next Town Board meeting to show the obstructions.  She feels the driveway at the Mauer's should have been in a different location when there is suitable land in front of their property for this use.

Supervisor Catalino read a letter from Pat Gugino, who worked for Lake Shore Central Schools a bus driver.  In August 1998 when she drove bus he knows the Mauers were told by the school district to provide a paved drive and turn around or their handicap son would not be picked up at their home.

Mark Hagemen, 9644 Oakland Street was not aware of the problem with the school district.  He is afraid of losing lake front property and doesn't want to see public access lost in the future when the Mauer's property is sold.  Mr. Hagemen feels the paper road, Point Breeze Drive should be incorporated as park property to help assure its use in the future.  Action on the Lake Erie Beach Park should wait until the new Advisory Board is in place.

Tom Gornery, 524 Sycamore Street, Angola, New York spoke on road conditions in his neighborhood.  Elmwood has been repaved and the Town did a great job.  He submitted a petition containing 100 signatures requesting the Town take over and pave Sycamore Street, Summer Avenue, Peach Street and Lemon Street when the budget permits.  There are no STOP signs at the intersection of Peach and Sycamore and Orange and Roanoke Streets.

Peter Hunt, 680 Windover Lane, works for Hunt Realty.  Mr. Hunt is speaking on behalf of Jeanne Chase and her background in real estate as he sees it, with respect to the Assessor's job.  Jeanne Chase worked for Hunt Realty from 1989-1997.  Each time there is a listing you are asked to determine value.  The process is the same as an appraiser, however it is not called an appraisal but it determines value.  Her experience more then qualifies her for the job of Assessor according to the qualifications as he understands them.  He spoke in favor and support of her appointment.

Meeting #12

July 20, 2005

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Ray Markiewicz, 9622 Point Breeze Drive is upset about articles in the Town Crier and other printed matter.  Journalism should tell both sides of a story.  We should have a vision for a waterfront, this is the issue.  His concern is for Lake Erie Beach Park, the only park there is not a fee to enter.  The fighting needs to stop.  We need to have waterfront access.  Get the situation resolved.

Robert L. Palmer, 1780 Eden Evans Center Road feels documentation should be presented when requested.  He doesn't think Mr. Hunt should tell people to rub salt when seeking documentation regarding the Assessor's position.

Bob Doering, 9136 Lake Shore Road pointed out that in an interview he saw with Jeanne Chase, she stated she was not going to seek re-election as Legislator after being appointed Assessor and was looking forward to spending more time with her daughter.  He can't understand how this is possible when she is working as a legislator and assessor.

Lou Palma, 6717 Derby Road, Republican Chairman of the Town of Evans wants what is best for the Town of Evans.  Jeanne Chase's appointment did not involve a political deal.  Hiring someone based solely on an application is ridiculous.  The whole picture comes into focus, not only a application but an interview.  Sam Lomando did not have experience when he was appointed and 35 years later Sam retired with a wonderful record.  If a couple of years down the line Jeanne hasn't performed her job well then it would be time to tell the Town Board they make a mistake.

Bob Catalano, Derby stated if history repeats itself from 35 years ago then the Town just appointed another unqualified person to the position of Assessor.  People want and require professionalism and experience. He believes the best qualified was clearly not hired.

Rich Cole, 6886 Kimberly Lane moved recently from Ohio to New York.  He has attended UAW meetings and union meetings in the past.  People have a democratic right to speak at any meeting  whether we agree or disagree with them.  He will wait and see if Jeanne Chase has the qualifications.

Barb Markiewicz, 9622 Point Breeze Drive has seen the Town Crier, the official town newspaper.  She lives on Point Breeze Drive.  Mr. McPeek, publisher of the Town Crier doesn't live on Point Breeze Drive.  She resents him standing here stating he wants this matter at Lake Erie Beach Park done and over with.  Mrs. Markiewicz questioned the Town Board's knowledge of a video being shown tonight.  She also asked if the questions she asked at the last Town Board meeting were going to be answered.

Ray Markiewicz, 9622 Point Breeze Drive stated he has spent 34 years in journalism.  If the Town Crier is the Town's paper you have to do both sides of the story.  He is publicly criticizing the Town Crier.  The Mauer issue was not even covered in the Town Crier.

Ed Schneider, 9575 Redwing Street, Angola, submitted a FOIL request to the Town Clerk and questioned why the Town Attorney hasn't answered his previous FOIL requests.  Mr. Schneider presented a letter and partial survey of Lake Erie Beach Park as done by the Friends of Evans.  (See addendum B.)

Robert L. Palmer, 1780 Eden Evans Center Road explained Lake Erie Beach Park is

Meeting #12

July 20, 2005

page 148

 a 5.3 acre park not a large park.  Some of the park has already been sold.  A basketball court is in a parking lot and there is not enough room in the park.  He would like to make the park bigger.

Stacey Vogel, Lake Shore Road wanted to make a point of information in that the monies that are given to organizations by County Legislators is our money, taxpayers money.  Each Legislator is given $115,000.00 per year to give to various organizations which is used to perpetuate themself in office.  Elected officials should serve the public not destroy the little person trying to make a living and support a family.

Cassandra Hutchins, 219 West Pleasant, Angola, New York has a child whom along with her enjoys Lake Erie Beach Park.  She would like to be able to launch her jet ski at the park.  She does not want the park property given away.  She would like her son and his son to be able to enjoy the park in the future.  She does not like the behavior at the Town Board meetings by all sides.

Ron McPeek, will not relinquish his rights to say what he feels in his newspaper in the editorial portion.  He is also a citizen.  We print editorial letters that are negative about us as long as they are signed.  When a meeting is reported on, then only what happened at the meeting is reported, nothing else.

RESOLUTION 257 Norman Gzyl, President; William Hamm, Chief of Lake Erie Beach Vol. Fire Co., Inc. RE: request 10% exemption of assessed property value for enrolled members of incorporated volunteer fire companies

Supervisor Catalino moved and Councilman Govenettio seconded to refer the communication from Norman A. Gzyl, President and William R. Hamm, Chief, Lake Erie Beach Volunteer Fire Company, Inc. regarding a ten percent exemption of assessed property value for enrolled members of incorporated volunteer fire companies to Councilman Govenettio to meet with the local fire companies regarding this matter.

Carried.

RESOLUTION 258   Sam Phillips, 9534 Jamestown St. RE: request to purchase section of paper street between 9434 Jamestown St. and 9518 Jamestown St.

Supervisor Catalino moved and Councilman Bartus seconded to refer the request of Sam Phillips, 9534 Jamestown Street to purchase the paper street between 9534 Jamestown and 9518 Jamestown to the proper department heads as per town policy regarding the sale of paper roads.

Carried.

RESOLUTIONS 259   Edward Schneider III RE: deed restrictions at Lake Erie Beach Park and Point Breeze Drive

Meeting #12

July 20, 2005

page 149

Supervisor Catalino moved and Councilman Erickson seconded that the communication from Edward G. Schneider III regarding restrictions at Lake Erie Beach Park and Point Breeze Drive be referred to Town Attorney Zajas to get back to Mr. Schneider in the proper manner.

Carried.

Councilman Csati presented the following reports:

-Thanked Erie County Highway for painting the guard rail at Old Lake Shore Road and Eisenhower and the problem at Muddy Creek by putting in a receiver and re-paving.

-Counselors from Camp Pioneer have picked up the garbage along Woodbury and Herr Roads.

-Fireworks on July 3, 2005 at Lake Erie Beach Park were wonderful.  Thank you to Evans Police, Evans Highway, Lake Erie Beach Volunteer Fire Company and the surrounding fire companies, Stroh's Tavern, Stroh's Athletic Club, Castaways, Fire Grill, all the people who donated money, Russ Manguso and the Town Parks personnel and Mark Vatral.

Councilman Bartus presented the following reports:

-July 24, 2005 is the Taste of Evans

-August 2, 2005 is National Night Out at the gazebo in the Village of Angola

-A request for stencils for recycling boxes was made a while back and Mrs. Mauer came forward.  Thank you to her for her efforts.

-Freon removal of refrigerators must be done and tagged prior to pick-up by the garbage company.  Landlords need to instruct tenants regarding garbage volume and recycling.

Councilman Govenettio read a report from Lieutenant George regarding the July 3, 2005 fireworks at Lake Erie Beach Park.  He commended the police department and all the fire companies for a great job.  He has been on the Town Board for seven years and the past two years the whole town has gotten out of hand.  This needs to stop and do the best for all the residents of the town.

Councilman Erickson presented the following reports:

-Commended the police department and parks department for handling everything at Point Breeze on July 3^rd for the fireworks at Lake Erie Beach Park.

-Attended the dedication of the pool at Cradle Beach Camp.

-Jamfest was great and had so many volunteers.

-Elmwood paving is almost complete.

-Residents on Seneca Street are excited about their road being paved.

-Southtowns Coalition consisting of four Towns and three Villages list the activities in these areas once a month in the Pennysaver.

-Grant was received for Purvis Landing to improve it.  Landscaping with grass and a

Meeting 12

July 20, 2005

page 150

 gazebo, picnic tables and may be able to use it as a stop over on the hike/bike path.

-Attended the Historical Society open house.

-Seaway Trail visitors center in Wanakah is looking for volunteers.  They are open Friday from 8am - 5:30pm and Sunday from 10am - 1:45pm.

Supervisor Catalino presented the following reports:

-July 24, 2005 is the Taste of Evans

-Apologized to the new residents of town for being petty and childish.  As a representative of the residents he should do his job and not be disrespectful.

RESOLUTION 260 Committee and Department Head reports

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

Carol A. Meissner, Town Clerk: 

                                     Petty Cash                          $-0-

                                     Monthly report for June        $28,127.23

Diana Cafferty, Rec. of Taxes & Assessments:

                                    Water Receipts June 2005   $83,650.02

                                    Duplicate Bills & Receipts     $       82.00

                                    Interest earned on Savings

                                     Account for June 2005         $17.69

VOTE RESULT:          Supervisor Catalino      aye

Councilman Bartus        aye

Councilman Erickson    aye

Councilman Csati          aye

Councilman Govenettio aye

RESOLUTION 261 Proposed Local Law #2 of the year 2005 (Zoning/Licensing);  Proposed Local Law #3 of the year 2005 (Licensing of Animals);  Proposed Local Law #4 of the year 2005 (Property Maintenance);  Proposed Local Law #5 of the year 2005 (Rezoning vacant land on Erie Road near Delamater Road from R-1 to GB)

Supervisor Catalino moved and Councilman Erickson seconded that Proposed Local Law #2 of the year 2005 (Zoning/Licensing);  Proposed Local Law #3 of the year 2005 (Licensing of Animals);  Proposed Local Law #4 of the year 2005 (Property Maintenance);  Proposed Local Law #5 of the year 2005 (Rezoning vacant land on Erie Road near Delamater Road from R-1 to GB) remain under old business on the agenda.

Carried.

Meeting #12

July 20, 2005

page 151

 RESOLUTION 262 Appointment of part time police officer

Supervisor Catalino moved and Councilman Erickson seconded that the appointment of a part-time police officer be removed from old business.

Carried.

RESOLUTION 263 Authorization for Supervisor to sign the final plat plan for Old Mill Run subdivision

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS:     the Town Board of the Town of Evans on July 10, 2002, following a public hearing duly held regarding The Patio Homes of Old Mill Run Subdivision, approved such subdivision, subject to certain conditions, and also at that time issued a negative declaration regarding the SEQR process, and

WHEREAS:     the applicant has prepared a final subdivision plat, which has been reviewed and accepted by the Town Planning Division and the Town Engineer, and

WHEREAS:     the final subdivision plat has been reviewed and approved by all required Erie County Departments

NOW THEREFORE BE IT

RESOLVED:   that the Town Board of the Town of Evans does hereby grant final approval for The Patio Homes of Old Mill Run Subdivision, consisting of 25 lots, contingent upon the applicant signing the Public Improvement Permit (PIP) Agreement, paying all required fees as set forth in the fee schedule given to the Town's Planning Division Chairman, and further contingent upon receipt of documents naming both the Town and Wendel Duchscherer, its Engineers, as additional insureds, as well as delivering to the Town an acceptable Surety Bond in the sum equal to the cost of the work to be performed, and to include the cost of the sewer, in the event the County of Evans does not require a sewer bond, and

BE IT FURTHER

RESOLVED:   that the Supervisor of the Town of Evans is hereby authorized to sign the final plat plan for The Old Mill Run Subdivision, and

BE IT FURTHER

Meeting #12

July 20, 2005

page 152

RESOLVED:   that the applicant shall file the final plat with the County Clerk's office, and

BE IT FURTHER

RESOLVED:   that copies of this resolution be given to the Town Assessor, the Town Building Inspector and the Planning Division.

Carried.

RESOLUTION 264  C.A.O. Community Center donation

Councilman Bartus moved and Councilman Erickson seconded,

WHEREAS:     the C.A.O. Community Center has been affected by the budget cuts in Buffalo and

WHEREAS:     this has affected their youth program at the Evans Center and needs supplies for their regular program as well as starting their summer program

NOW THEREFORE BE IT

RESOLVED:   that the Evans Town Board will donate $500 to help ease their costs.

VOTE RESULT:          Councilman Bartus        aye

Councilman Erickson    aye

Councilman Govenettio aye

Councilman Csati          aye

Supervisor Catalino      aye

RESOLUTION 265 Amendment to resolution #49 of the year 2005 regarding the Lake Erie Beach Advisory Board &  Appointments to the Lake Erie Beach Advisory Board

Supervisor Catalino moved and Councilman Erickson seconded that resolution number three (3) an amendment to resolution #49 of the year 2005 regarding the Lake Erie Beach Park Advisory Board and resolution number four (4) appointments to the Lake Erie Beach Park Advisory Board be removed for action at the next Town Board meeting.

Carried.

RESOLUTION 266   Water bill adjustment

Councilman Govenettio moved and Councilman Csati seconded,

Meeting #12

July 20, 2005

page 153

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

Thomas Schmidt, 590 Kennedy

Acct #03040975

Adjustment: $493.03 + penalty

VOTE RESULT:          Councilman Govenettio aye

Councilman Csati          aye

Councilman Bartus        aye

Councilman Erickson    aye

Supervisor Catalino      aye

RESOLUTION 267  Appointment of nightwatchman

Councilman Csati moved and Councilman Bartus seconded,

RESOLVED:   that William Anderson of Wilson Road, Angola and Norman Postle, Waterman Road, Angola be appointed to the position of laborer/gateguard/nightwatchman; to be paid $8.00 per hour; effective 7-18-2005.

VOTE RESULT:          Councilman Csati          aye

Councilman Bartus        aye

Councilman Govenettio aye

Councilman Erickson    aye

Supervisor Catalino      aye

RESOLUTION 268  Authorization for Supervisor to sign a document regarding the contract with BFI Waste Systems Inc.

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS:     BFI Waste Systems of North America, Inc., hereinafter BFI, a Delaware corporation is an indirect wholly owned subsidiary of Allied Waste Industries, Inc. hereinafter AWI, a Delaware Corporation has requested the Town to consent to an assignment by BFI of the solid waste/recycling permit/contract and all rights, title and interest therein to its subsidiary, Allied Waste Services of North America, LLC, hereinafter AWS, a Delaware limited liability company, under which assignment AWS would assume all responsibilities in connection with such solid waste/recycling permit/contract and all liabilities associated therewith;

Meeting #12

July 20, 2005

page 154

NOW THEREFORE BE IT

RESOLVED:   that the Supervisor of the Town of Evans is hereby authorized to execute such consent to assignment, in substantially the form of the document attached hereto and made a part hereof; subject to the approval of the Town Attorney, and to forward such copies of the same to such copies as the Supervisor may be deem appropriate.  (see Addendum C).

Carried.

RESOLUTION 269 Town Licenses

Supervisor Catalino moved and Councilman Erickson seconded to grant the Fireworks license for Christopher Koch, Westminister Drive on approval of the Town Clerk for the proper insurance certification and requirements and the Chief of Police.

Carried.

RESOLUTION 270 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 on this date as follows:

GENERAL                  1227-1389       103,646.08

PART TOWN             1227-1389       120,379.98

HIGHWAY                 1227-1389       65,329.92

WATER                       1227-1389       103,204.50

CAPITAL PROJECTS            1227-1389       517.12

SPECIAL DISTRICTS            1227-1389       43,599.01

GENERAL                  1390-1522       75,871.21

PART TOWN             1390-1522       63,489.56

HIGHWAY                 1390-1522       18,482.25

WATER                       1390-1522       12,723.98

SPECIAL DISTRICTS            1390-1522       70,180.07

VOTE RESULT:          Councilman Csati          aye

Councilman Govenettio aye

Councilman Erickson    aye

Councilman Bartus        aye

Supervisor Catalino      aye