PENAL LAW OF THE STATE OF NEW YORK Article 270 Unlawfully dealing with fireworks and dangerous fireworks Section 270.00-2 2. Offense. (a) Except as herein otherwise provided, or except where a permit is obtained pursuant to section 405.00, (i) any person who shall offer or expose for sale, sell or furnish any fireworks or dangerous fireworks is guilty of a class B misdemeanor; (b)(i) Except as herein otherwise stated, or except where a permit is obtained pursuant to section 405.00, any person who shall possess, use, explode or cause to explode any fireworks or dangerous fireworks is guilty of a violation. (ii) A person who shall offer or expose for sale, sell or furnish, any dangerous fireworks to any person who is under the age of eighteen is guilty of a class A misdemeanor The Town of Evans Police Department wishes everyone a safe and happy summer. Please don’t ruin your summer with an arrest or injury for the possession or use of fireworks. Every year many people suffer injuries sustained in the use of fireworks, some of those injures are permanent and serious. If you know of anyone in possession of, or using fireworks, please contact the Town of Evans Police Department at 549-3600, 549-3700 or 911. Your actions may prevent the loss of a finger or other serious injury.

Highlights from the Evans Town Board Meeting

By Evelyn Eriksen

     The Town of Evans held its regular board meeting June 21, 2006. All members and department heads were present. Privilege of the Floor opened to comments from Robert Palmer who asked several questions regarding Lake Erie Beach Park. Councilman Michael Spence responded to the questions with an acknowledgment that the rocks surrounding the basketball court could be taped or covered with reflective material. He mentioned that the advisory board for the park is not considering a new basketball court or additional parking areas. He noted that there are areas for handicapped parking. Charles Militello thanked the Highway Department for taking down problem trees in Derby and supplied the board with additional sites which need attention. Supervisor Catalino thanked him for the information and mentioned that the Highway department has been coordinating efforts with Erie County and the state to maintain all roadways regarding dead trees. Mr. Militello asked where the Lion’s Memorial Park in Derby stood on getting electric installed at the site. Supervisor Catalino advised him that he would get back to him on that as they are looking into where the electric needs to run. Mr. Militello presented the Board with an idea the Lion’s Club had in raising funds via a golf tournament to improve the paper road near the Lion’s Memorial Park. Supervisor Catalino advised him to send a letter detailing the request and ideas for improvement noting that positive impact on the community is welcome and with that information provided the board would be able to look into the possibilities. Mark Hageman addressed the Board representing the Friends of Evangola State Park. A Pirate Festival will be held July 29th and 30th. The festival will include dinner theater, a children’s treasure hunt, telescopes from the Penn Dixie Paleontological Club, and of interest to those who enjoy loud noises- the firing of a garrison cannon. Councilman Spence suggested that the event should be posted on the Chamber of Commerce web site, as local events are featured there. Bob Catalino Sr. addressed the board acknowledging that he knows that the Town Board members and Town of Evans employees are not crooks and frauds- but that he would provide letters and other information which name several individuals who have attacked the Board and Town, exposing their own individual fraud and possible criminal conduct. He stated that he has contacted the IRS and NYS Taxation Department for clarification of how advertisements were paid for on a political campaign which did not file a financial statement. He will be providing the Board with this and other information to show the people of Evans that the accusers are the frauds who live in glass houses. Public Hearing A public hearing regarding lowering the speed limit on Dennis Road, a side street which connects Bennett Road to Old Lake Shore was held. The current speed limit is 55 mph. Wendy Haldman stated that her family moved here from Arizona and initially the taxes were quite a shock, but they are very impressed with the Police and other services. She commented that she was struck by the sense of community and responsiveness she has seen in the past couple of years. Her children are now two and four and using the yard for playing more. The cars on Dennis Road are driving by at alarming speeds. There is no posted speed limit sign. Given the narrowness and more limited visibility 55 mph can not be safe. Two weeks ago, a probably intoxicated person left skid marks (photos were provided to the Board). Screeching tires in the middle of the night are all too common, and at the high rate of speed there is a very dangerous situation with the ditch right there at the road side. She said that it is a nice neighborhood with maniacs driving by regularly at 80 mph. She noted that it is not just a matter of keeping our kids contained, adults can not jog safely in the area. She asked that a sign be placed stating Children at Play. Mary Brumagin stated that she had asked the county, since it is a county road- over 4 and a half years ago to widen the road. She has asked that the speed limit be 35 mph. Children ride the triangle around Dennis, Old Lake Shore and Bennett. There are no options to get yourself safely off the road if you are walking or biking and cars are coming in both directions. There is a narrow gravel shoulder and then immediately the ditch. Cheri Hahn stated that Dennis Road is not marked properly. There is a center yellow line but the side of the road is not marked. She has observed drivers passing her as she walked at 60 mph or more. Supervisor Catalino remarked that the Board would pursue changing the speed limit to less than 45mph, given this testimony. This issue will be brought up again to the Board as those questions are answered. When the change to the speed limit is determined Supervisor Catalino stated that he would advise Police Chief Ferguson to post signs at the beginning and end of the road to alert drivers to the change. Committee and Department Head Reports Legislator Reynolds was given time to report directly to the assembly and he started by saying that he too would look into Dennis Road. He said that beaches will be opened with lifeguards on weekends and that Evans lifeguards would be used. He was happy to say that was a situation where the County and Town are working great together. He said that budget meetings would be held in the coming week and all are invited to attend. The budget meetings this week are all about getting finances under control. The County Executive proposed spending a 21 million dollar bond. The legislature is committed to keeping the spending to 12 million in an effort to keep the debt under control. The Legislature wants to stay within the fiscal control board expectations and not have to go to a hard control board. He said that he has been working with Councilman Gifford Swyers on the Hike and Bike Path and they are seeking a firm commitment of $500,000. Town Attorney Grant Zajas reported that our greatest right is the right to free speech, but that that right did not include the right to defame, slander or libel anyone, public officials or not. Councilman Spence reported that the fireworks show at Lake Erie Beach park will be July 3rd, rain date July 4th. Ten porta-potties have been reserved for the event. He thanked the Town Clerk’s office for the work they do in supplying passports for individuals. Our Town Hall offers one of the few passport services in the area. 30 people used the service in 2005 and 52 people have used it so far this year. Councilman Kathy Bartus reminded the community that Gowans Road will have flagmen and restricted use to repair the railroad bridge from June 12th through July 20th. She noted that the First Church of Evans has been placed on the list of the National Registry of Historic Places. The church and all concerned are to be commended for the work they did to be named in that important register. Councilman Karen Erickson reported that the DMV will soon have its own 800 number. The Town Clerk’s office has been taking 30 calls a day asking about hours for the DMV. She mentioned attending a groundbreaking event at Graycliff Estate this past Monday. She said that Graycliff is such a beautiful place and that we are all proud to have it in our community. It is open for tours Tuesday through Saturday during the Phase III Restoration. Please call 947-9217 for information. A fun thing Councilman Erickson reports is that according to Business First, Evans ranks at 46th out of 175 local towns in “brain power”. She also noted that Business First wrote a beautiful article on the seven communities in our SouthTowns Coalition. A report on the building Department for the previous month records 984 phone calls and 383 visits. There were 89 building or remodeling permits issued. The expected cost of these projects is nearly one million dollars invested directly in our community. Supervisor Catalino says that his 6 month budget report is sound and the Town of Evans is in no financial difficulties. Approximately $750,000 per year is paid in pension costs. He thanked all the town employees that were there. The switch to longer hours on Wednesday has been a success and with everyone there until 6pm many adjustments had to be made, but thanks to their commitment, the Town Hall is open later for all. Lori Szewczyk, Director of Community Development reported that the process for local USDA rural development loans is going well. The Town is an intermediary lender to small businesses for a loan totaling of $75,000 which is a revolving amount. Once a small business pays off their loan, others may qualify for the money. The loans are used mainly for job enhancement and new equipment. The criteria are more stringent for start ups, but assistance in the application process is available. Currently five loans have been made, with all paying back on time and one paid in full. A loan committee runs the program and defines who does what in the organization. The committee is represented by all the lending institutions in the Town of Evans and a Small Business Owner, as well as a Town Financial Representative. Many businesses have asked for privacy and names are not released to maintain that privacy. The USDA has final approval for each loan. Eden has had a loan program as long as Evans, but has just made its first loan. Orchard Park is looking to start this program. Hanover also has a good program currently running. So far, Evans has been the most successful in administering the program in the area. Small businesses directly benefit from the USDA program, and in turn the community benefits. Although the loan program is exacting and detailed, the Town will work with businesses through the process of the loan application. Ms. Szewczyk also wished to clarify that she is the Town grantwriter and would appreciate being contacted if there is a possible grant which Evans could qualify for. Hamburg received an entitlement from HUD because it is a town of more than 50,000 persons. Evans population is much lower and thus is restricted from entitlement programs. Evans must go through a competitive process to qualify for two loans of $90,000 each. Evans is not eligible for all grants but is interested in applying to grants which are available.

In other matters, the Board

• Approved: The Town Of Evans Clerk’s Office is a passport acceptance agent which will now be equipped with a camera to provide “one stop shopping”. The Town Clerk’s Office is available for taking photos immediately. The cost for photos is set at $8.50.

• Approved: A proposal for services contracted to Wendel Duchscherer, town engineers, for the design of a new well and vent cap cover for the Town of Evans landfill on Townline Road. Wendel Duchscherer will provide on site inspection services during the installation of the monitoring well. It will provide other services as outlined in a letter dated June 12, 2006 addressed to Supervisor Robert Catalino II. The cost is not to exceed $6,700.00. Additional services necessary to construction will be quoted out. The meeting was adjourned to July 12, 2006 at 7:30pm.