Meeting #7
April 4, 2007
page 79
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, April 14, 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 Comptroller
Edward Michalski Highway Superintendent
Russ Manguso Parks Department
Sandra Brant Planning Division
Robert Ferguson Police Chief
Patrick Conrad St. Pt. Marina
Diana Cafferty Rec. of Taxes & Assessments
Tom Kait Water Department
Rick Hanavan Wendel Duscherer
Rob Klavoon Wendel Duscherer
ABSENT: Julie Roach Seniors
RESOLUTION 131 Approve minutes
Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of March 21, 2007 be dispensed with and approve as submitted by the Town Clerk.
Carried.
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Supervisor Catalino read a statement regarding privilege of the floor.
Supervisor Catalino extended the privilege of the floor.
Tom Gorney, 524 Sycamore Street, Angola stated it is town clean-up time again. Last year's town clean-up was very successful. He will be picking up his bags for this year's clean-up. A suggestion for the Community Block Grant this year would be storm sewers in his neighborhood. The building department has been very helpful with dilapidated houses especially Paul Ryerse. He thanked them for their assistance.
RESOLUTION 132 Sandra Brant, Minor Subdivision Review Committee RE: Orlando-Martin minor subdivision 8900 Lake Shore Road
Councilman Erickson moved and Councilman Bartus seconded,
WHEREAS: in a letter dated March 30, 2007, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQR process for the Donna Orlando-Martin minor subdivision,
WHEREAS: it has been determined that there will be no significant effect on the environment
NOW THEREFORE BE IT
RESOLVED: that the Town Board of the Town of Evans adopts the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQR negative declaration for the Donna Orlando-Martin minor subdivision. (Addendum A SEQR short environmental assessment form)
A division of SBL#234.16-2-19, dividing an .83+/- acre parcel to create:
1. A .47+/- acre parcel with 38.01+/- feet of frontage on Lake Shore Road
2. A .36+/- acre parcel with 36.52+/- feet of frontage on Lake Shore Road
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April 4, 2007
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PETITIONER: Donna Orlando-Martin, 8900 Lake Shore road, Angola NY 14006
AND BE IT FURTHER
RESOLVED: that a copy of this resolution be given to the Planning Office.
Carried.
RESOLUTION 133 Approve the Donna Orlando-Martin minor subdivision
Councilman Erickson moved and Councilman Cooper seconded,
WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval,
WHEREAS: the Evans Town Board, as Lead Agent, issued a negative declaration regarding the SEQR process
NOW THEREFORE BE IT
RESOLVED: that the Town Board of the Town of Evans hereby adopts the findings of the Town of Evans Minor Subdivision Review Committee and approves the Donna Orlando-Martin minor subdivision, a division of SBL#234.16-2-19, dividing an .83+/- acre parcel to create:
1. A .47+/- acre parcel with 38.01+/- feet of frontage on Lake Shore Road
2. A .36+/- acre parcel with 36.52+/- feet of frontage on Lake Shore Road
PETITIONER: Donna Orlando-Martin, 8900 Lake Shore Road, Angola NY 14006
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.
Carried.
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April 4, 2007
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RESOLUTION 134 Sandra Brant, Minor Subdivision RE: Petro minor subdivision 1579 Sturgeon Point Road
Councilman Erickson moved and Councilman Cooper seconded,
WHEREAS: in a letter dated March 26, 2007, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Estate of Paul F. Petro minor subdivision, and
WHEREAS: it has been determined that there will be no significant effect on the environment
NOW THEREFORE BE IT
RESOLVED: that the Town Board of the Town of Evans adopts the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQRA negative declaration for the Estate of Paul F. Petro Minor Subdivision (Addendum B SEQRA short environmental assessment form)
A division of SBL#221.00-2-6.11, dividing a 20.66+/- acre parcel to create:
1. A 10.60+/- acre parcel with 463.87+/- feet of frontage on Sturgeon Point Road and 545.80+/- feet of frontage on Versailles Plank Road
2. A 5.03+/- acre parcel with 278.00+/- feet of frontage on Versailles Plank Road and
3. A 5.03+/- parcel with 278.00+/- feet of frontage on Versailles Plank Road
PETITIONER: The Estate of Paul F. Petro, 1579 Sturgeon Point Road, Derby NY 14047
AND BE IT FURTHER
RESOLVED: that a copy of this resolution be given to the Planning Office.
Carried.
Meeting #7
April 4, 2007
page 83
RESOLUTION 135 Approve the Estate of Paul F. Petro minor subdivision
Councilman Erickson moved and Councilman Bartus seconded,
WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval, and
WHEREAS: the Evans Town Board, as Lead Agent, issued a negative declaration regarding the SEQRA process
NOW THEREFORE BE IT
RESOLVED: that the Town Board of the Town of Evans hereby adopts the findings of the Town of Evans Minor Subdivision Review Committee and approves the Estate of Paul F. Petro minor subdivision, dividing a 20.66+/- acre parcel know as SBL#221.00-2-6.11 to create:
1. A 10.60+/- acre parcel with 463.87+/- feet of frontage on Sturgeon Point Road and 545.80+/- feet of frontage on Versailles Plank Road
2. A 5.03+/- acre parcel with 278.00+/- feet of frontage on Versailles Plank Road and
3. A 5.03+/- parcel with 278.00+/- feet of frontage on Versailles Plank Road
PETITIONER: The Estate of Paul F. Petro, 1579 Sturgeon Point Road, Derby NY 14047
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.
Carried.
RESOLUTION 136 Diana Cafferty, Rec. of Taxes RE: request to attend 2007 Seminar for Tax Collecting Officers June 10-13, 2007 in Syracuse
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April 4, 2007
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Supervisor Catalino moved and Councilman Bartus seconded to grant the request of Diana A. Cafferty, Receiver of Taxes and Assessments to the 2007 seminar for Tax Collecting Officers, at the Doubletree Hotel, Syracuse from June 10, 2007 to June 13, 2007, inclusive and that all reasonable and necessary expenses incurred be a town charge in accordance with the Town's policy regarding travel and education.
Carried.
Councilman Spence presented the following reports:
-thanked the Parks Department, Recreation Advisory Board, Seniors, Pat Conrad and the Police Department for their assistance with the successful Easter Egg Hunt at the Town Park.
-The Spring Clean-up will be held on Earth Day, April 22, 2007
Councilman Bartus presented the following reports:
-congratulated the Parks Department and Recreation Advisory Board on the successful Easter Egg Hunt
-Wished everyone a Happy Easter
-Tom Marks received the Stanley Spisiak Conservationist of the year Memorial Award from the County Federation of Sportmen's Clubs in March. This is not an easy award to win and is quite an honor. Congratulations to him for this honor.
-Congratulated the recipients of the Chamber of Commerce business awards.
-Congratulated the Evans Police Department for their roll in the bike path rapist case.
Councilman Cooper presented the following reports:
-Angola Fire Company found a used 1992 aerial truck and will be traveling to Georgia to see if this is a piece of equipment they can use.
-Angola Fire Company will be celebrating their 125th Anniversary this year and will be selling ads in their program book.
-Friends of the Village are in the process of raising funds for their flower basket beautification project.
-Happy Birthday to Kathy Bartus.
Councilman Erickson presented the following reports:
-Congratulations to the Parks crew and Recreation Advisory Board for a successful and fun-filled Easter Egg Hunt.
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-Congratulations to Tom Marks on the Stanley Spisiak Conservationist of the Year Memorial Award. He is so deserving of this award.
-Congratulations to our Police Department especially Lieutenant DeJohn and former Detective Masullo for their assistance in the bike path rapist case.
-Tom Gorney has been a great advocate to the Town Board for the residents. The spring clean-up and road improvements were initiated because of his involvement.
-Chamber of Commerce dinner was wonderful with their businesses awards and passing of the gavel.
Supervisor Catalino presented the following reports:
-Congratulate the Police Department and especially Lieutenant DeJohn for their role in freeing Anthony Capozzi.
-Town Board, Wendel Duscherer, Rob Klavoon and Rick Hanavan, Thomas Kait from the Town Water Department have been working hard on the possibility of Erie County Water taking over our water system.
-On April 26, 2007 there will be a public information session regarding the water issue in the Town Hall. The water system takeover would cost about $11.5 million dollars.
-Received a letter from Edward Carbeck, President of the Grandview Plaza informing the town that memorabilia from the Grandview Drive-In will be available for any interested persons. He is hopeful the requests will be handles through the historical society.
-Explained the negotiated settlement with Flex-o-vit, the Town of Evans, County of Erie and Lake Shore Central School District for erroneously being assessed for property taxes beginning in 1998. A thank you to Jeanne Ebersole, Lori Szewczyk for negotiating this settlement in an amount of $497,450.55.
RESOLUTION 137 Committee & Department Head reports
Supervisor Catalino moved and Councilman Erickson seconded to accept the Committee and Department Head reports as follows:
Carol A. Meissner, Town Clerk:
March 2007 petty cash $-0-
March 2007 Town Clerk's monthly report $13,214.55
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April 4, 2007
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VOTE RESULT: Supervisor Catalino aye
Councilman Erickson aye
Councilman Bartus aye
Councilman Spence aye
Councilman Cooper aye
RESOLUTION 138 Appt of Economic Development Committee member
Councilman Erickson moved and Councilman Cooper,
RESOLVED: that Carmen Garozzo of Wisconsin Road, Derby be reappointed to the Economic Development Advisory Committee whose term expires December 31, 2007.
Carried.
RESOLUTION 139 Appt of laborer/gateguard/nightwatchmen
Councilman Spence moved and Councilman Bartus seconded,
RESOLVED: that the following individuals be appointed to the position of laborer/gateguard/nightwatchmen; to be called as needed; to be paid the designated rate of pay:
Matt Mungovan, 1353 Sturgeon Point Road, Derby $7.15
Paul Majewski, 43 Long Beach, Angola $7.15
Kurtiss Driscoll, 9546 Jamestown, Angola $7.15
Thomas Cooper, 64 Lake, Angola $7.15
Bryant Morrison, 1255 Cain, Angola $7.15
Shaun Conrad, 342 Wilson, Angola $7.25
Candy Corbin, 1711 Sturgeon Point, Derby $7.25
Karin Corbin, 1711 Sturgeon Point, Derby $7.25
Lisa Siracuse, 9038 Joyce Lane, Angola $7.25
Gerard Grosso, 577 Tuscarora, Angola $7.25
Betsy Grosso, 577 Tuscarora, Angola $7.25
James Feldman, 343 Roat, Angola $7.50
Paul Tomaka, 9046 Joyce Lane, Angola $7.50
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April 4, 2007
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Fred Bartlett, 1069 Brookwood, Derby $7.50
Art Buczkowski, 775 Sturgeon Point, Derby $7.50
Dan Haidon, 6647 Gates, Derby $7.50
Phyllis Jost, 1711 Sturgeon Point, Derby $7.75
Wilbur Jost, 1711 Sturgeon Point, Derby $7.75
John Paul Zajas, 9524 Waterfront Road Angola $7.25
VOTE RESULT: Councilman Spence aye
Councilman Baruts aye
Councilman Erickson aye
Councilman Cooper abstain
Supervisor Catalino aye
RESOLUTION 140 Advertise for PH for PLL #3 of the year 2007 (Firefighter & Volunteer Ambulance Workers Tax Exemption)
Councilman Cooper and Councilman Erickson seconded,
WHEREAS: the Town of Evans and its residents rely wholly on the efforts and volunteerism of the dedicated men and women of our volunteer fire companies for our fire protection and in large part for our emergency medical and ambulance service, and
WHEREAS: in recent years volunteer organizations such as these have seen a significant decrease in membership and have sought various measures to help bolster their ranks, and
WHEREAS: on January 1st, 2007, New York State has instituted a New York: §466-c of its tax code enabling volunteer firefighters and volunteer ambulance workers who meet a specific set of predetermined criteria and now reside in or own real property in the Town of Evans
NOW THEREFORE BE IT
Meeting #7
April 4, 2007
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RESOLVED: that the Town of Evans does hereby enter into agreement with the State of new York to become a participating municipal member of this statute §466-c entitling our volunteer firefighters and volunteer ambulance workers to said incentives providing they meet the requirements, and
BE IT FURTHER
RESOLVED: that the Town of Evans does hereby enter into agreement with the State of New York to become a participating municipal member of this statute §466-c entitling our volunteer firefighters and volunteer ambulance workers to said incentives providing they meet the requirements, and
BE IT FURTHER
RESOLVED: that the Evans Town Board schedule a public hearing to be held on May 2, 2007 at 7:50pm for the consideration of the adoption of Proposed Local Law #3, 2007 which would amend Local Law #13 of the year 1993 and any amendments thereto and the Town Code Chapter 182 Taxation to add Article V entitled Firefighter and Volunteer Ambulance Workers Tax Exemption.
VOTE RESULT: Councilman Cooper aye
Councilman Erickson aye
Councilman Bartus aye
Councilman Spence aye
Supervisor Catalino aye
RESOLUTION 141 Appt of part time clerk
Councilman Spence moved and Councilman Bartus seconded,
RESOLVED: that Debra Wilson, Angola is hereby appointed as part time clerk at a rate of pay of $8.00 per hour. This resolution shall take effect immediately.
Meeting #7
April 7, 2007
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VOTE RESULT: Councilman Spence aye
Councilman Bartus aye
Councilman Erickson aye
Councilman Cooper aye
Supervisor Catalino aye
RESOLUTION 142 Enter into memorandum of understanding with Town of Evans, Flexovit and ECIDA
Councilman Erickson moved and Councilman Bartus seconded,
WHEREAS: on or about the 1st of May, 1997 Flexovit USA, Inc. (Flexovit) did enter into an agreement with the Erie County Industrial Development Agency (ECIDA) whereby it transferred ownership of property on Eden Evans Center Road in the Town of Evans to the ECIDA in exchange for a lease agreement which expires on May 1, 2016; and
WHEREAS: ECIDA and Flexovit entered into an agreement for payment in lieu of real estate taxes (PILOT), wherein it agreed to make voluntary fixed payments to the three municipalities (County of Erie, Lake Shore Central School District and the Town of Evans) in lieu of the payment of real estate taxes for a period of ten years; and
WHEREAS: contrary to the terms of said PILOT agreement, the three municipalities, including the Town of Evans did during the said ten year period forward real property tax bills covering the aforesaid property to Flexovit for payment; and
WHEREAS: Flexovit did, in addition to the PILOT, pay the property taxes as erroneously assessed for the years 1998 through 2007 resulting in a cumulative overpayment of approximately $497,450.55 to the three municipalities; and
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WHEREAS: Flexovit and the affected municipalities, including the Town of Evans, wish to enter into a new agreement whereby Flexovit will be reimbursed for the overpayments and the municipalities will not be overburdened by the reimbursement;
NOW THEREFORE BE IT
RESOLVED: that the Supervisor is hereby authorized to sign the Memorandum of Understanding between the Town of Evans, Flexovit, and the ECIDA, subject to the approval of the Assessor and the Town Attorney.
This resolution shall take effect immediately.
VOTE RESULT: Councilman Erickson aye
Councilman Bartus aye
Councilman Cooper aye
Councilman Spence aye
Supervisor Catalino aye
RESOLUTION 143 Authorization of engineering proposal for WNY Stormwater Coalition
Councilman Bartus moved and Councilman Cooper seconded,
WHEREAS: the Town of Evans is a member of the Western New York Stormwater Coalition, and
WHEREAS: the Town of Evans must have a fully implemented stormwater management program in place by January 2008 with the Town of Evans General SPDES Permit as a Municipal Separate Storm Sewer System (MS4) as issued by the NYSDEC, and
WHEREAS: Wendel Duchscherer will continue to act on behalf of the Town of Evans and proposes to provide engineering services to develop a stormwater management program on behalf of the Town,
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THEREFORE BE IT
RESOLVED: that the Scope of the Work be performed in accordance with Wendel Duchscherer's proposal dated February 8, 2007 and that the Evans Town Board accepts the proposal from Wendel Duscherer and authorizes the Supervisor to sign the proposed agreement for spending not to exceed $20,000.
VOTE RESULT: Councilman Bartus aye
Councilman Cooper aye
Councilman Spence aye
Councilman Erickson aye
Supervisor Catalino aye
RESOLUTION 144 Hire firm to abandon monitoring well 1 at landfill and construct monitoring well 1A
Councilman Cooper moved and Councilman Spence seconded,
WHEREAS: the New York State Department of Environmental Conservation required improvements at the Town of Evans Landfill, and
WHEREAS: existing Monitoring Well No. 1 is in need or repair and will be replaced with new Monitoring Well No. 1A, and
WHEREAS: Wendel Duchscherer has received proposals from three (3) consultants to abandon Monitoring Well No. 1 and install new Monitoring Well No. 1A to NYSDEC standards, and
WHEREAS: Wendel Duchscherer has reviewed the proposals and recommends that SJB Services, Inc. Be awarded the project, and
WHEREAS: the fee for this work is determined on a lump sum price basis and is estimated to be $3,500.00
THEREFORE BE IT
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April 4, 2007
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RESOLVED: that the Town of Evans Town Board accepts the proposal from SJB Services, Inc. and authorizes the Supervisor to sign the proposed agreement for spending not to exceed $3,500.00.
VOTE RESULT: Councilman Cooper aye
Cooper Spence aye
Councilman Bartus aye
Councilman Erickson aye
Supervisor Catalino aye
RESOLUTION 145 Request to amend "Middle Class STAR"
Councilman Spence moved and Councilman Bartus seconded,
WHEREAS: Governor Spitzer proposed real property tax reform in the Executive Budget for years 2007-2008 by providing relief from school district taxes, known as "middle class STAR", and
WHEREAS: such proposal is welcome and needed, and
WHEREAS: such proposal contains provisions of confidentiality that will impose costly requirements of altering assessment and real property tax collection programs, and of additional personnel, and dislocation and confusion in furnishing tax collection records, and
WHEREAS: such needed program of tax relief can be implemented through a direct credit against state income taxes,
NOW THEREFORE BE IT
RESOLVED: that Governor Spitzer and the Legislature be urged to amend the "Middle Class STAR" proposal by eliminating the costly confidentiality provisions, or in the alternative that the program be revised by providing a credit against the State Income Tax.
Carried.
Meeting #7
April 4, 2007
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RESOLUTION 146 Authorize Supervisor to sign Escrow Agreement with Wal-Mart Real Estate Business Trust
Councilman Erickson moved and Councilman Cooper seconded,
WHEREAS: Wal-Mart has submitted applications to the Town of Evans for the construction of a Supercenter on property located near the intersection of New York State Route 5 and Lake Street; and
WHEREAS: 6NYCRR 617.13 provides that the Evans Planning Board, as Lead Agency, may charge a fee to Wal-Mart in order to recover actual costs of reviewing the draft and/or final EIS; and
WHEREAS: the parties desire to set forth terms and conditions of the use of an escrow account to be used to compensate the Town of Evans for the aforementioned costs;
NOW THEREFORE BE IT
RESOLVED: that the Supervisor is hereby authorized to sign the Escrow Agreement with Wal-Mart Real Estate Business Trust, subject to the approval of the Town Attorney.
VOTE RESULT: Councilman Erickson aye
Councilman Cooper aye
Councilman Bartus aye
Councilman Spence aye
Supervisor Catalino aye
RESOLUTION 147 Declare surplus equipment
Councilman Bartus moved and Councilman Spence seconded,
WHEREAS: the Town of Evans Court has a copy machine that is no longer repairable or useable;
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April 4, 2007
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THEREFORE BE IT
RESOLVED: that Cannon copier model C4050, Serial #NCJ20908 be declares surplus equipment.
Carried.
RESOLUTION 148 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:
April 7, 2007
Abstract #6
Voucher 528-606
Prepaid Voucher #11
GENERAL 62,504.85
PART TOWN 16,461.16
HIGHWAY 20,191.92
WATER 5,145.83
SPECIAL DISTRICTS 35,736.28
VOTE RESULT: Councilman Spence aye
Councilman Erickson aye
Councilman Cooper aye
Councilman Bartus aye
Supervisor Catalino aye
RESOLUTION 149 Adjournment
Supervisor Catalino moved and Councilman Erickson seconded to adjourn to a Work Session to be held on Wednesday, April 11, 2007 at 5:00pm and then to the next regular scheduled Town Board meeting to be held on Wednesday, April 18, 2007 at 7:30pm.
Carried.
Meeting #7
April 4, 2007
page 95
Respectfully submitted,
Carol A. Meissner
Town Clerk