And the Winner Is...The Town of Evans

Supervisor Responds to Judge's Decision

     The Angola Village Board met on February 20, 2007.

Communications Mayor Howard “Hub” Frawley read a letter of gratitude and thanks from Officer Matthew Stonitsch. Officer Stonitsch was appointed the Village of Angola’s newest full time police officer effective February 3rd. Trustee William Houston reported that he has communications regarding an update to the 7-8 year old flood map. Department and Committee Reports Mr. Houston noted the conclusion of the four part series on small business development coordinated by Town Councilman Paul Cooper was a successful, well attended program. He mentioned that he thought more businesses could have benefited by attending. The Evans and Eden Chambers of Commerce have started their mentoring program with five new enrollees. Mr. Houston attended an Erie County Industrial Development Agency hearing with representatives from Goya at the village offices. No questions were raised on the planned Goya expansion. Mr. Houston remarked that the county is going through questions involving their reliance on Xspand for resolving delinquent taxes on county properties. The Village Board will watch closely as the story unfolds, as it affects several properties the village has been working on. Trustee John Wilson thanked, in advance, anyone who can contribute to everyone’s safety by clearing out fire hydrants. Buried hydrants can cause delays in the volunteer fire department’s response to fire emergencies. Mr. Wilson also asks that snowmobilers and others please be mindful of the potentially dangerous conditions under the CSX bridge. He continues a photo log on that site. Trustee Jonica DiMartino reported that the next Village Officials meeting will be held in Angola at the Village Inn on March 15th. Marguerite Cateran and Lori Szewczyk will co-present information on grant writing. Mayor Frawley reported that several persons on the village board will travel to Albany this weekend. Due to the ongoing discussion about Xspand’s role in the future of county delinquent properties his meeting with State Senator Volker and Assemblyman Quinn will now be in March. Also on Mayor Frawley’s agenda, NFTA tourism buses for the eight municipalities in the South Towns will be discussed with Legislator Reynolds. Supervisor Len Pero of Brant has offered to house the buses in Brant. Bill Herrold reports the Planning Department will meet again with Goya on February 28th at the village offices to discuss variances and drawing approvals. The Village of Angola will be in a position to act on March 5th if the planning is complete to specifications after that meeting. Resolutions • Approved the proposal from Don Gallo, Engineer for an oil and water separation project. Engineering services are not to exceed $2,800. The proposal authorizes Mayor Frawley to execute this contract. • Commended Police Officer Scott DeJohn for dedicating himself to rescuing a young woman from the railroad tracks on January 11th. He was commended for his alertness on patrol and dedication to our community. • Resolved to accept the negative finding on a State Environmental Quality Review (SEQR) concerning the School Street water line project. No negative impact was found and these findings have now been adopted. “The project will not adversely affect the natural resources of the state and/ or health, safety and welfare of the public and is consistent with social and environmental considerations...” • Authorized Clerk Treasurer Linda Giancarlo to publish an election notice for the March 20, 2007 Village Elections. The single polling place for the election will be the Village Hall. The election will be held from noon until 9 pm. The following persons have been duly nominated: James Carlson, Trustee William Houston, Trustee Annemarie Tubinis, Trustee Amy Hontz, Justice The regular board meeting was adjourned to Monday, March 5th at 7:30 pm. The public is invited to attend all regular board meetings. Budget workshops will be held on Saturday, February 24th and Saturday, March 3rd at 8 am. Public Hearings will be held on Wednesday, February 28th beginning at 5pm and a workshop is scheduled for Tuesday, March 6th at 7pm.

By Evelyn Eriksen and Alice Escott

     The Evans Town Board met on February 21, 2007. Patrick Kaleta Day February 22nd 2007 was proclaimed Patrick Kaleta Day in the Town of Evans. Mr. Kaleta was drafted to play with the Buffalo Sabres. His first appearance on the big ice will be February 22nd against the Ottawa Senators. Supervisor Robert Catalino II congratulated Evan’s second local professional athlete. He was presented the proclamation and the best wishes of all on the board- as well as everyone in attendance at the meeting. Just before Mr. Kaleta’s recognition of his achievement, he signed his first jersey for a young fan- an event which was taped by the local news cameras. Supervisor Catalino expressed the hope of all when he said, “Now we want to cheer for you for scoring tomorrow night.” Supervisor Catalino recognized another local resident, Joe Pinter, for his work on the Sabre’s team since 1988. Privilege of the Floor Robert Doering addressed the board regarding the decision of the court regarding his “Application for an Investigation” of certain expenses incurred during conferences attended in 2004 and 2005. He said he did not expect the Town of Evans to have to spend $28,000 in its defense and research into allegations initiated by him and others. Mr. Doering asked that Town residents consider that the Supervisor and Deputy Supervisor are both quoted in newspapers as saying they would welcome and audit then spent nearly $28,000 to “stop the audit”. Supervisor Catalino responded that a local, independent firm performs an annual audit of the Town’s finances and did not find anything that constituted “fraud” for the years in question and the New York State auditors, who reviewed the records, did not believe that an on-site audit was indicated or necessary. Catalino went on to say that $28,000 was not spent to try to stop the audit but to represent the Town in a court of law. He said the judge’s decision was effective, and corresponded to what the board has represented all along. Catalino continued that receipts regarding nearly twelve years of expenses and per diem have been turned in, and he further resents being called a cheater and a liar, in person and in the press, by Mr. Doering. Catalino stated that he would defend any person on the town board or in the town’s employ, as he knows that the town is accountable for its actions and expenses. He said that because of Mr. Doering’s allegations the town had to waste money to defend people’s character. Mr. Doering replied that the allegations are not against the board but against individual members of the board. Councilman Michael Spence stated that the board would be negligent to not seek legal representation. He added that it is the town’s obligation to spend that money for proper representation. Mr. Doering then asked that residents consider that if the taxpayers [who initiated the investigation] were proven wrong, they [those taxpayers] have to pay for the incurred costs not the town. Catalino responded that the judge ruled in favor of the Town therefore the taxpayers [who initiated the investigation] were proven wrong . Doering believes this is not over and will appeal the judge’s ruling. In closing his remarks, Mr. Doering asked Town Attorney J. Grant Zajas to research the 1928 case that was used as precedent in deciding this case, because the lawsuit was not “against the village, but against individuals” and should not be an expense for the Town to pay. Communications The board will hold a Public Hearing on March 21, 2007 concerning a four building lot property at 8905 Lake Shore Road. The owner, William Connors, is requesting the rezoning of the property from Rural Residential (RR) to R-1 designation. Public Hearing A Public Hearing was conducted to hear any opinions on amending Chapter 200 of the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code. No comments were made. Committee Reports Councilman Michael Spence congratulated Wayne Conrad for his 37 years of service and his recent retirement from the Evans Parks Department. Mr. Conrad was additionally thanked for his service by all members of the board. Mr. Spence reminds those interested in reserving shelters or pavilions in the Town Park that first registrations for the season will be taken Saturday March 3 from 7-9 am in the Main Lobby of the Town Hall. It will be “1st come 1st served”. Payment by check or money order will be accepted - sorry, no cash. Park stickers are available for residents at the Parks office for $2. Mr. Spence acknowledged the work Russ Manguso, new Parks Commissioner, had done in Derby to keep the parks clean and getting the equipment ready for Spring. Councilman Paul Cooper congratulated Chris Koch, CEO of New Era Cap for his honor as Buffalo/ Niagara 2006 Executive of the Year. The award is given by the Buffalo/ Niagara Sales and Marketing Executives. The dinner and awards presentation will be March 5th at the Millennium Hotel. Mr. Cooper reports that The Graycliff Conservancy received a grant award totaling $325,000 from the John R. Oishei Foundation to continue their efforts at presenting and preserving the Frank Lloyd Wright masterwork at the Bluffs. Another grant, this from the New York State Council on the Arts, was received which will be used for a series of four lectures on the subject of Water Imagery in the Work of Frank Lloyd Wright. The Graycliff Conservancy will hold its Spring Clean Up March 31st from 9-3 pm Volunteers are always welcome. Please call 947-9217 to volunteer. Opening day for this year at the Graycliff Estate is April 7th. Councilman Cooper also reports that the Lake Erie Beach Chili Cook Off is happening March 3rd at 1 pm. One last item is the availability of recycling bins in the Supervisor and Council Offices at the Evans Town Hall. Councilman Karen Erickson gave a detailed report on a meeting held in New York City this past weekend. Governor Spitzer presented some interesting ideas for tax correcting and alleviation. He is proposing a tax freeze for the next ten years. Another proposal was the deduction of $1,000 per year from the tax stated for all volunteer fire fighters and EMTs. Mrs. Erickson reports much discussion took place in the meetings on mandate relief and legislative cooperation. The 932 towns in New York State are looking for ways to create a more equitable distribution of taxes for schools and mandated needs. Supervisor Catalino reports that he will be meeting next week with Mike Mahaney, Director of Erie County Libraries in an effort to get more hours in the Angola Branch. He commented on the Planning Board Meeting held last week under the direction of Sandra Brant. He assured the audience that nothing would be shorted on the SEQR investigation, and that the town is looking beyond Walmart on that corner to the three or four additional stores that might move into that area. Resolutions • Approved conference attendance for DARE Officer William Sills for April 26-8, 2007. • Declared as surplus a 1998 Jeep vehicle which had been used by the Code Enforcement Department. • Resolved that Resolution #86 of the year 2007 pertaining to NYCRR Part 1203: Uniform Standards of Enforcement for Uniform Code be rescinded in its entirety effective immediately. Supervisor Catalino has the advice of Charles LaBarbera, Code Enforcement Supervisor, that this will not affect the business of the town. • Authorized the Supervisor to sign an application and agreement for project financing for New York State Drinking Water State Revolving Fund. The DWSRF authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects. • Authorized the supervisor to execute a memorandum of agreement with CSEA as it pertains to calculation of service time for Town of Evans employee Ronald Wiskup. • Authorized Supervisor Catalino to sign an agreement for appraisal services with GAR Associates subject to the approval of Town Attorney Grant Zajas. This pertains to the reevaluation assessment. Licenses Approved a refreshment license for Lakeshore@Bennett, Inc. d/b/a Pepper’s Restaurant. The regular meeting was adjourned to a work session February 28 at 5pm and the next regular Board meeting March 7th at 7:30 pm.

Highlights from the Village of Farnham Board Meeting The Village Board of Farnham met on February 20, 2007. All members were present. OLD BUSINESS Farnham Recreation Park Project — The CDBG (Community Development Block Grant) Funding application will be submitted in Fall 2007 Southtowns Community Enhancement Coalition - February meeting was hosted by the Town of Evans. March meeting will be held March 9th at the Farnham Village Hall, 8:00 am. The Coalition received a Shared Municipal Services Incentive Grant. We are also working with the University of Buffalo. Lake Shore Central School Joint Board Work Session— Ongoing committee meetings will continue to be held. The last full meeting was canceled due to weather and has not been rescheduled yet. Farnham School Project — The successful bidder for the Farnham School Demolition Project was Ontario Specialty Contracting at a bid of $244,463.00. This bid, along with the fee for our Engineering Consultant (Malcolm-Pirnie) of $32,900 brings the estimated total project cost to just under $300,000. The Village Board is waiting to issue a Notice to Proceed to Ontario Specialty Contacting pending final approval pending final approval of their insurance documents by our Village Attorney, ENB Insurance representatives, and Malcolm-Pirnie. A pre-demolition meeting will be held either later this week or next week with the contractor once all final documents have been submitted and approved. The contractor is currently preparing their Asbestos Plan for submittal to the Department of Labor and their Health and Safety Plan submittal to Malcolm-Pirnie. Demolition is expected to take place sometime in March once the Asbestos and Health and Safety Plans are approved. Public Hearing —Local Law #1-2007 “Code Enforcement and Administration” - Attorney Bill Trask met with Code Enforcement Officer Chuck LaBarbera to discuss updates and new requirements in the New York State codes. Attorney Trask provided detailed background information to the Board and attendees regarding the mandates and minimum requirements in local code administration set forth by the New York State Department of State Code Division. NEW BUSINESS • Adopted Village of Farnham Local Law #1-2007 “Code Administration and Enforcement” • Scheduled a Public Hearing for Local Law #2-2007 “Property Maintenance Law” for March 20, 2007 at 7:45 pm. and Local Law #3-2007 “Abandoned and Junk Vehicles” for March 20, 2007 at 8:00pm. • Accepted the Farnham Fire Department memberships for James W. Oakes and Michael J. Rohde • No bids were received for the 1978 Ford Pumper Fire Truck. The Village can now accept private bids for a private sale. TRUSTEE REPORTS Anthony Krtanjek - Finishing up on the Properly Maintenance Law and Abandoned Vehicle Law. Also working on a Playground Law. A Public Hearing will be set at the March Board Meeting. George Cordia - getting a price on a flagpole. Jere Hoisington - Attended HAZMAT conference for training. The Village needs a plan of action to be put in place in case there’s an accident on the train tracks, since they run through the Village. In the event of something such as a hazardous waste spill, we need plans for mutual aid and evacuation. DPW REPORT - Josh Nolan has been trying to keep up with the snow removal. The type of equipment the Village has is not able to adequately take care of the snow on the sidewalks. The code book states that the property owners are responsible for keeping their sidewalks clear. Typically the maintenance person has taken care of it. • All fire hydrants have been cleared. Scott Cordia helped Josh. FIRE DEPARTMENT REPORT - Increased effort is being made to look at demos for new ambulance purchase and find out what the department can get for the old one. Ford will be stopping production on ambulances until 2008, which would mean a huge price increase at that time.