Meeting #4
February 21, 2007
page 54
Evans Town Board
At a regular meeting of the Town Board of the Town of Evans, held at the Evans Town Hall, 8787 Erie Road, Angola, New York on Wednesday, February 21, 2007 at 7:30pm there were:
PRESENT: Karen C. Erickson Councilman
Kathleen A. Bartus Councilman
Michael M. Spence Councilman
Paul T. Cooper Councilman
Robert R. Catalino, II Supervisor
ALSO PRESENT: Carol A. Meissner Town Clerk
J. Grant Zajas Town Attorney
Jeanne C. Ebersole Assessor
Paul Ryerse Building Department
Dennis Allen Building Department
Lori Szewczyk Community Development
Charles Katra Finance
Russ Manguso Parks
Sandra Brant Planning Division
Robert Ferguson Police Chief
Julie Roach Seniors
Patrick Conrad Sturgeon Point Marina
Diana Cafferty Rec. of Taxes
Tom Kait Water
ABSENT: Edward J. Michalski Highway Superintendent
EXCUSED: Rick Hanavan Wendel Duscherer
Rob Klavoon Wendel Duscherer
RESOLUTION 96 Approve minutes
Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of February 7, 2007 be dispensed with and approved as submitted by the Town Clerk.
Carried.
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February 21, 2007
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Supervisor Catalino presented a special proclamation designating February 22, 2007 as Patrick Kaleta day in the Town of Evans. Patrick has been called up to the Buffalo Sabres to begin his professional hockey career. Joseph Pinter a town resident who has worked for the Sabres since 1988 was also present.
Supervisor Catalino extended the privilege of the floor to any and all persons present.
Bob Doering, 9136 Lakeshore Road discussed the application for an investigation. He feels the residents of the Town of Evans should think about two questions before condemning the thirty-five residents who brought about this request for an investigation. 1.) Is it the taxpayers fault that the town said it would welcome an audit and then spend $28,000.00 to stop an audit. 2.) The law says if the taxpayers were wrong then they would have to pay the entire cost of the investigation with not one penny paid for by the town. So why pay $28,000.00 if nothing was wrong, then we would have had to pick up the costs. The Town Attorney should check into one of the court cases that deals with this issue states basically that these proceedings are not against the Village but against the individuals who constitute the members of the board and they must defend themselves at their own expense and not at the expense of the Village.
RESOLUTION 97 Schedule PH for PLL #2 of the year 2007 (rezone 8921 Lake Shore Road from RR to R-1)
Supervisor Catalino moved and Councilman Spence seconded,
WHEREAS: William Connors, representing TE Connors, Inc. has requested that the
Town Board of the Town of Evans rezone 5+/- acres located at 8921 Lake Shore Road, Angola, NY, SBL#234.16-4-16.1, from Rural Residential (RR) to Residential-1(R-1) for the purpose of creating four (4) residential building lots, and
WHEREAS: in a letter dated February 16, 2007, the Evans Planning Office has requested that the Town Board set a public hearing regarding the request of William Connors.
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February 21, 2007
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NOW THEREFORE BE IT
RESOLVED: that the Town Board of the Town of Evans authorize the Town Clerk to advertise for a public hearing to be held on March 21, 2007 at 7:50pm for the consideration of said rezoning.
AND BE IT FURTHER
RESOLVED: that a copy of this resolution be given to the Planning Division Office, the Assessor's Office, and the Code Enforcement 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 #1 of the year 2007 which will amend and/or add to without limitations to Section 1 of Local Law #16 of the year 1990 and any amendments thereto Town Code Chapter 70 Building Construction and Local Law #8 of the year 1987 and any amendments thereto Town Code Chapter 200 Zoning and the Zoning Map to incorporate into said Code the provisions of a proposed Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code.
There being no one wishing to speak the public hearing was closed at 7:52pm.
Councilman Spence presented the following reports:
-thanked Mr. Conrad for his many years of service to the Town and extend best wishes on his retirement.
-Town Park shelter reservations will take place on Saturday, March 3, 2007 from 7:00am to 9:00am at the Town Hall.
-Town Park stickers are available at a $2.00 cost to town residents.
-Sidewalks were cleaned in Derby. Thank you to Russ Manguso.
Councilman Cooper presented the following reports:
-Congratulate Chris Koch, CEO of New Era Cap for being honored by the Buffalo/Niagara Sales and Marketing Executives, Inc on March 5, 2007 at the Millennium Hotel as the 2006 Executive of the Year.
-Congratulate the Graycliff Conservancy Group who has received a second grant
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February 21, 2007
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in the amount of $325,000.00. On Saturday, March 31, 2007 they will have their clean-up and are looking for volunteers.
-March 3, 2007, Lake Erie Beach Fire Company men's auxiliary will be holding their annual chili cook-off and chinese auction.
-Caryl Youngers will be hosting a composting class later in March which is part of the Lake Shore continuing education program.
-Damaged recycling bins are able to be replaced. Please see any council member or the Supervisor's secretary.
Councilman Erickson presented the following reports:
-N.Y.S. Association of Towns meeting. At least two members of the Town Board should attend as there are important meetings scheduled at the same time and one person cannot attend both meetings.
-Governor Spitzer is trying to get tax relief for residents by putting a property tax freeze for ten years.
-Tax relief for volunteer firemen.
-Legislative sessions voted on relief from mandates, relief from property taxes and school taxes.
-Funding for justice courts.
Supervisor Catalino presented the following reports:
-spoke with Mike Mahoney, head of the Erie County Libraries and will meet with him next week to insure the Angola Library remains open with the same hours of operation or possibly extended.
-Wayne Conrad retired from the Town after 37 years of service and congratulated him on his retirement and thanked him for his years of service.
-The Town has formed a DPW department consisting of the Parks, Water, Marina and Town Hall Maintenance departments to put a bigger pool of work together since January 1, 2007. Thomas Kait is the Water Commissioner, Patrick Conrad is the Sturgeon Point Commissioner and Russ Manguso the Parks Commissioner.
-thanked Diana Cafferty for her work during the tax collection. He also thanked the Chief of Police and Police Department, Ed Michalski and the Highway Department, Maintenance John Ruszaj and Mark Postle for all their efforts during the snow storms and Sandra Brant head of the Planning Division for all her efforts and handling of the recent scoping meeting on Wal-Mart.
Meeting #4
February 21, 2007
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RESOLUTION 98 Committee and Department Head reports
Supervisor Catalino moved and Councilman Bartus seconded to accept the Committee and Department Head reports.
Carried.
RESOLUTION 99 Authorize DARE Officer to attend Annual Conference April 26-28, 2007
Councilman Cooper moved and Councilman Spence seconded,
RESOLVED: that D.A.R.E. Officer William Sills is approved to attend the N.Y.S.D.A.R.E. Officer Association Annual Conference from April 26-28, 2007 and that all necessary and reasonable expenses incurred are approved in accordance with the rules and regulations governing travel and education.
Carried.
RESOLUTION 100 Declare surplus vehicle
Councilman Spence moved and Councilman Bartus seconded,
WHEREAS: the Code Enforcement Department has a vehicle that is no longer useable;
THEREFORE BE IT
RESOLVED: that a 1998 Jeep Vin #1JFJ28S6WL243936 be declared as surplus equipment.
Carried.
RESOLUTION 101 Rescind Resolution #86 of the year 2007
Councilman Bartus moved and Councilman Erickson seconded,
Meeting #4
February 21, 2007
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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.
Carried.
RESOLUTION 102 Authorize DWSRF application & agreement for project financing
Councilman Erickson moved and Councilman Spence seconded,
WHEREAS: the Town of Evans herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as: Town of Evans Water System Consolidation with the Erie County Water Authority and identified as DWSRF Project Number(s) to be determined, as assigned herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project to be taken immediately; and
WHEREAS: the United States, pursuant to Title XIV of the Public Health Service Act (commonly known as the "Safe Water Drinking Water Act"), 42 U.S.C. §§300f, et seq., as amended (the "Act"), requires each state before the state may receive capitalization grants under the Act; and
WHEREAS: the State of New York has, pursuant to Chapter 413 of the Laws of 1996 (the "DWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "Fund") to be used for purposes of the Act; and
WHEREAS: the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and
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February 21, 2007
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WHEREAS: the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the DWSRF Act; and
WHEREAS: the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects;
NOW THEREFORE BE IT
RESOLVED: the Evans Town Board as follows:
1. The filing of an application for DWSRF assistance in the form required by the Corporation in conformity with the DWSRF Act is hereby authorized, including all understandings and assurances contained in said application.
2. The following person is directed and authorized as the official representative of the Applicant to execute and deliver an application for DWSRF assistance, to execute and deliver the Project financing agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required: Robert R. Catalino, Supervisor
3. The official designated above is authorized to make application for financial assistance under the DWSRF Program.
4. One (1) certified copy of this resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 625 Broadway, Albany, NY 12207-2997.
5. This resolution shall take effect immediately.
Carried.
RESOLUTION 103 Authorize Supervisor to execute CSEA agreement (service time for an employee)
Councilman Spence moved and Councilman Erickson seconded,
Meeting #4
February 21, 2007
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RESOLVED: that the Evans Town Board authorizes Supervisor Catalino to execute the memorandum of agreement with CSEA as it pertains to calculation of service time with the Town of Evans for employee Ronald Wiskup.
Carried.
RESOLUTION 104 Authorize Supervisor to sign agreement for appraisal services
Councilman Bartus moved and Councilman Erickson seconded,
RESOLVED: the Supervisor of the Town of Evans is hereby authorized to sign the agreement for appraisal services with GAR Associates, Inc. subject to approval of the Town Attorney.
Carried.
RESOLUTION 105 Town License
Supervisor Catalino moved and Councilman Bartus seconded to grant a refreshment license to Lakeshore @ Bennett, Inc., D/B/A Peppers Restaurant contingent upon approval of the Chief of Police and Department of Health.
Carried.
RESOLUTION 106 Audit of Bills
Councilman Spence 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:
Date 2-21-2007
Abstract #3
Voucher #210-273
Prepaid Voucher # 6 & 7
GENERAL 600,227.87
PART TOWN 43,291.93
HIGHWAY 26,412.34
WATER 8,464.19
SPECIAL DISTRICTS 71,029.42
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February 21, 2007
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VOTE RESULT: Councilman Spence aye
Councilman Erickson aye
Councilman Bartus aye
Councilman Cooper aye
Supervisor Catalino aye
RESOLUTION 107 Adjournment
Supervisor Catalino moved and Councilman Cooper seconded to adjourn to the next work session on Wednesday, February 28, 2007 at 5:00pm and t hen to the next regular Town Board meeting to be held on Wednesday, March 7, 2007 at 7:30pm.
Carried.
Respectfully submitted,
Carol A. Meissner
Town Clerk