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Meeting #3
February 4">
Meeting #3
February 4, 2004
page 43
Evans
Town Board
At a regular meeting of the Town Board
of the Town of Evans, held at the Town Hall, 8787 Erie Road, Angola, New York
on Wednesday, February 4, 2004 at 7:30pm there were
PRESENT: Thomas A. Csati Councilman
Joseph
F. Govenettio Councilman
Kathleen
A. Bartus Councilman
Robert
R. Catalino, II Supervisor
ALSO
PRESENT: Carol
A. Meissner Town
Clerk
J.
Grant Zajas Town Attorney
ABSENT: Karen E.
Erickson Councilman
RESOLUTION 75 Approve minutes
Supervisor Catalino moved and Councilman
Govenettio seconded that the reading of the minutes
of the meeting of January 21, 2004 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.
Charles Militello, 6840 Prescott Dr.,
Derby discussed the following:
-thanked the Town Board for plowing the
sidewalks in Derby
-property behind Reid petroleum, the
Mobil station is it up for sale? If it
is not could the flagpole behind there be replaced?
-would like a couple of park benches and
garbage cans in that area
-recommended contacting the Garden Club
and Chamber of Commerce to sponsor a contest among landscapers and greenhouse
owners to decorate this area and the winner be presented with a plaque.
-he has been doing some zoning research
and Community Concern is zoned (GB) General Business also the practice track
that is flooding out Mr. Gleason is zoned MFR-4 when they are boarding and
training horses.
RESOLUTION 76 Anthony Anzalone RE:
resignation from the Zoning Board of Appeals
Supervisor Catalino moved and Councilman
Bartus seconded to thank Anthony Anzalone
for his years of service on the Zoning Board of Appeals and accept his
resignation.
Carried.
Meeting #3
February 4, 2004
page 44
RESOLUTION 77 Terrance Cooke, Chairman of North Evans Fire
District RE: frozen fire hydrants
Supervisor Catalino moved and Councilman
Csati seconded to receive and file the communication
from Terrence Cooke, Chairman of the Board of Fire Commissioners of the North
Evans Fire District regarding frozen fire hydrants.
Carried.
Councilman Csati
presented the following reports:
-docks at the marina are being serviced
for spring
-machinery at the parks is receiving
maintenance
-highway department and Ed Michalski are doing a good job
Councilman Bartus
presented the following reports:
-April 22, Earth Day, there is a tie
shirt design contest for K-8th grades
-garbage that is placed outside too far
in advance and becomes frozen to the ground will not be picked up.
Councilman Govenettio
reported that over the past six weeks there have been a number of waterline
breaks. They are being taken care of but
is asking for patience from the residents.
Supervisor Catalino presented the
following reports:
-will adjourn tonight=s
meeting in memory of Mrs. Conrad
-the intersection of Route 5 and Beach
Road will be realigned by the NYS DOT with turning lane in each direction
-intersection of Lake Street and Old
Lake Shore will be considered for redesign with Bike Path reconstruction
-Mr Zajas is following up on the infrastructure study at the
airport property
-Fiebelkorn
property preliminary design will be ready in March. Parking, historical benefit and fishing
access will all be addressed
-February 6, 2004 at 4:00pm the
generators obtained through Legislator Chase and our Assemblyman and State
Senator will be presented to the fire department
RESOLUTION 78 Town Officials reports
Supervisor Catalino moved and Councilman
Govenettio seconded to accept as presented the
Committee and Department Head reports as follows:
Carol A. Meissner,
Town Clerk:
Petty
Cash $ -0-
Meeting #3
February 4, 2004
page 45
January
Monthly report $6,890.28
Games
of Chance Lic Fees $50.00
VOTE
RESULT: Supervisor
Catalino aye
Councilman
Govenettio aye
Councilman
Csati aye
Councilman
Bartus aye
RESOLUTION 79 PLL #3 of the year 2003 (Recreation/Greenspace fees) & the Establishment of Recreation/Greenspace fees & PLL #1 of the year 2004 (rezone 8563 Erie
Rd., Angola from R-1 to GB or MS)
Supervisor Catalino moved and Councilman
Govenettio seconded that PLL #3 of the year 2003
(Recreation/Greenspace fees), the Establishment of
Recreation/Greenspace fees & PLL #1 of the year
2004 (rezone 8563 Erie Rd., Angola from R-1 to GB or MS) remain under old
business on the agenda.
Carried.
RESOLUTION 80 Special Use Permit (Paul Erickson, 8243 Erie
Road, Angola)
Councilman Bartus
moved and Councilman Csati seconded,
WHEREAS:
Paul Erickson has requested a Special
Use Permit for the operation of a motor vehicle sales and service establishment
located at 8243 Erie Rd. (a.k.a. NYS Route 5) Angola, NY, part of
SBL#220.19-2-13, and
WHEREAS:
the Town Board of the Town of Evans
has held a public hearing regarding said Special Use Permit, and
WHEREAS:
the Town of Evans Planning Board has
conducted a proper review of the application and unanimously voted to
recommended the granting of said Special Use Permit based on the following
reasons:
1.
We have found no apparent environmental concerns 2.
The project appears to meets all zoning requirements of
the Town 3.
The nature of the business is well-suited for the area
and is in compliance with the Town of Evans Comprehensive Plan.
WHEREAS:
the Planning Board has recommended the
following conditions be placed on the approval of said Special Use Permit:
Meeting #3 February 4, 2004 page 46 1.
The site must be developed in accordance with the site plan as approved
by the Town of Evans Planning
Board on November 20, 2003. 2.
For the purpose of sales, no more than 22 cars may be displayed or
stored on the site. 3.
There shall be no storage of vehicle parts, accessories, or scrap parts
outside of the
building. 4.
Any painting, sandblasting, machine grinding or sanding must occur
inside of the building,
with a ventilation system designed in accordance with State and Federal standards. 5.
To minimize adverse effects on the character of the surrounding area, no
major auto repairs
will be conducted on the site. Minor
repairs shall be limited to mufflers, brakes, and
auto detailing. 6.
This Special Use Permit shall be for a one (1) year period. Applicant may apply for renewal.
WHEREAS:
the Planning Board of the Town of
Evans as lead agent, has issued a SEQRA negative
declaration on November 20, 2003. NOW THEREFORE BE IT
RESOLVED:
that the Town Board of the Town of Evans
grant a Special Use Permit to Paul Erickson for the purpose of a motor vehicle
sales and service establishment to be located at 8243 Erie Rd. (a.k.a. NYS
Route 5) Angola, NY, part of SBL#220.19-2-13, and BE IT FURTHER
RESOLVED:
that the six (6) above recommended conditions
be placed upon said Special Use Permit AND BE IT FURTHER RESOLVED: that a copy of
this resolution be given to the Assessor=s
Office, the Building Department and the Planning Division office. Carried. RESOLUTION 81 Sign 2003 STOP-DWI contract
Councilman Govenettio
moved and Councilman Csati seconded,
Meeting #3
February 4, 2004
page
47
WHEREAS: it is the Town of Evans intention to
participate in the Erie County Stop-DWI grant program which returns DWI fines
to communities through grants; THEREFORE BE IT
RESOLVED: that Supervisor Catalino is hereby authorized
to sign the 2003 STOP-DWI contract on behalf of the Town of Evans and that the
Town Clerk is hereby directed to prepare a certified copy of this resolution to
be attached to the STOP-DWI contract package. Carried. RESOLUTION 82 Enter into an agreement with Fairway
Contracting for tapping Erie County Water Authority=s main for Woodcliff & McKinley
water project Councilman Govenettio
moved and Councilman Bartus seconded,
WHEREAS:
requests for proposals were sent out
for work associated with completing a bore under Old Lake Shore Road and
tapping the Erie County Water Authority=s
12" main for the Woodcliff and McKinley water project; and
WHEREAS:
Fairway Contracting was the lowest bid
that met the specifications as set forth in the request for proposal; THEREFORE BE IT
RESOLVED:
that the Town of Evans hereby authorizes
Supervisor Catalino to enter into agreement with Fairway Contracting to
complete work according to proper specifications and according to the
supervision of the Water Department and the Town Engineer, Wendel
Duchscherer for a total estimated cost of $19,528.
VOTE
RESULT: Councilman
Govenettio aye
Councilman
Bartus aye
Councilman
Csati aye
Supervisor
Catalino aye RESOLUTION 83 Permissive Referendum for Highway Dept to
purchase new International 6x4 cab truck Councilman Csati
moved and Councilman Govenettio seconded,
Meeting #3 February 4, 2004 page 48
WHEREAS:
the Town of Evans Highway Department
is in need of a new truck to be used in its operations, and
WHEREAS:
the Highway Equipment Capital Reserve
has been established for the financing of this type of expenditure THEREFORE BE IT
RESOLVED:
that $90,000 is to be used from the
Highway Equipment Reserve for specific purpose of the purchase of one (1)
International Model 7600 SBA 6x4 Cab, Chassis, and Dump Body. This resolution shall be subject to
permissive referendum. The Clerk shall publish a copy of
this resolution in the official newspaper of the Town within 10 days under the
heading
ANOTICE OF
ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM.@
VOTE
RESULT: Councilman
Csati aye
Councilman
Govenettio aye
Councilman
Bartus aye
Supervisor
Catalino aye RESOLUTION 84 Appt of laborer/gateguard/nightwatchman Councilman Csati
moved Councilman Govenettio seconded,
RESOLVED:
that William Ramsey, Angola and Mary
Elizabeth Zajas, Angola be
appointed to the position of laborer/gateguard/nightwatchman
to be paid $7.00 per hour; to be called as needed.
VOTE
RESULT: Councilman
Csati aye
Councilman
Govenettio aye
Councilman
Bartus aye
Supervisor
Catalino aye RESOLUTION 85 Continue appt of Full-time Public Safety
Dispatcher Councilman Bartus
moved and Councilman Csati seconded,
WHEREAS:
Deborah Dalton was continued as
Temporary Full-time Public Safety Dispatcher at $15.25 per hour in 2003;
Meeting #3
February 4, 2004
page
49 THEREFORE BE IT
RESOLVED:
that Dispatcher Dalton is hereby
continued as Temporary Full-time Public Safety Dispatcher at the rate of $15.50
per hour retroactive to January 1, 2004.
VOTE
RESULT: Councilman
Bartus aye
Councilman
Csati aye
Councilman
Govenettio aye
Supervisor
Catalino aye RESOLUTION 86 Appt of Part-time Caretaker Councilman Csati
moved and Councilman Bartus seconded,
RESOLVED:
that Shirley Howell of 1296 Church Rd.,
Angola, be appointed part-time Caretaker to be paid
$8.25 per hour.
VOTE
RESULT: Councilman
Csati aye
Councilman
Bartus aye
Councilman
Govenettio aye
Supervisor
Catalino aye RESOLUTION 87 Water bill adjustment Councilman Govenettio
moved and Councilman Bartus seconded, RESOLVED: that an adjustment be made to the following
account because of a water leak: Raymond Brzezniak,
7340 Erie Account 01091240
Adjustment: $323.39
VOTE
RESULT: Councilman
Govenettio aye
Councilman
Bartus aye
Councilman
Csati aye
Supervisor
Catalino aye RESOLUTION 88 2003 Budget transfers Supervisor Catalino moved and
Councilman Govenettio seconded,
Meeting #3 February 4, 2004 page 50
WHEREAS: due to various purchases and seasonal
appointments, certain account, need to have funds transferred to, THEREFORE BE IT
RESOLVED:
that the attached 2003 Budget transfers
be approved as submitted for the months of October through December. (See
Addendum A)
VOTE
RESULT: Supervisor
Catalino aye
Councilman
Govenettio aye Councilman RESOLUTION 89 Fixing & approving a bond for the Town
Justices Councilman Bartus
moved and Councilman Csati seconded,
WHEREAS:
it is required by the provisions of
the Uniform Justice Court Act that each Town Justice shall be bonded for the
faithful performance of his or her duties in a amount to be fixed by the Town
Board; NOW THEREFORE BE IT
RESOLVED:
that pursuant to the provisions of the
Uniform Justice Court Act each justice of the Town of Evans Justice Court shall
file a bond in the amount of $100,000 conditioned for the faithful performance
of his or her duties as such Town Justice; AND BE IT FURTHER
RESOLVED:
that such bond shall presently be issued
by the carrier for the Town which insures the officers of the Town relative to
their duties of office, the cost of the same to be born, presently, by the Town
as an element of insurance obtained for its protection, and that the same be
filed with the County Clerk, the Town Clerk and as required by law. (See
Addendum B) Carried. RESOLUTION 90 Town Licenses Supervisor Catalino moved and
Councilman Govenettio seconded to approve the Town
Licenses applied for as follows contingent upon approval of the Chief of Police
and Department of Health:
Meeting #3
February 4, 2004
page
51 Linda A. Jones D/B/A Gilligan=s - refreshment Joe D. Voltz
D/B/A Joey V=s Pizza -
refreshment Carried. RESOLUTION 91 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 124-232 513,871.54
PART
TOWN 124-232
37,119.02
HIGHWAY 124-232
26,126.29
WATER 124-232 111,475.73
SPECIAL
DISTRICTS 124-232
36,135.42
VOTE
RESULT: Councilman
Csati aye
Councilman
Govenettio aye
Councilman
Bartus aye
Supervisor
Catalino aye RESOLUTION 92 Suspend the Rules of Order Supervisor Catalino moved and
Councilman Csati seconded to suspend the rules of
order for the conduct of business at Evans Town Board meetings for the purpose
of taking action on a resolution seeking funds from New York State for the Graycliff Conservancy.
VOTE
RESULT: Supervisor
Catalino aye
Councilman
Csati aye
Councilman
Bartus aye
Councilman
Govenettio aye RESOLUTION 93 Request NYS Assembly & Senate to
provide funds for the restoration of Graycliff Supervisor Catalino moved and
Councilman Csati seconded
WHEREAS:
the Graycliff
Conservancy has recently contacted the members of the Western New York Assembly
and Senate Delegation to request state funds to assist in the restoration of
the Frank Lloyd Wright-designed Graycliff Estate in
Derby, New York, and
Meeting #3 February 4, 2004 page 52
WHEREAS:
the Graycliff
Conservancy=s request
would provide funds for one or more of the following projects:
!$72,600
to hire a full-time executive director
!$150,000
toward the design and implementation of a period furnishings plan for the Main House and Foster House
!$50,000
for permanent and temporary exhibits for the Visitors Center, and
WHEREAS:
the Graycliff
Estate is a New York State landmark that is listed on the National Register of
Historic Places, and
WHEREAS:
the Graycliff
Estate is a sponsored project of the federal Save America=s Treasures program and is an official
site on the Seaway Trail, New York State=s
only National Scenic Byway, and
WHEREAS:
Graycliff=s architectural significance and the
history of the relationship between Frank Lloyd Wright and the Martin family
make this site a compelling heritage destination, and
WHEREAS:
the impact of restoring the Graycliff Estate will supplement New York State=s priority of public access for
lakefront property, and
WHEREAS:
support for the Graycliff
Estate enhances current plans to promote the Lake Erie waterfront as a natural
resource for public enjoyment and tourism. NOW THEREFORE BE IT
RESOLVED: that the Town Board of the Town of Evans
hereby requests that the members of the Western New York Assembly and Senate
Delegation make every effort to provide state funds to assist the Graycliff Conservancy efforts to restore this important
architectural treasure in Western New York, and BE IT FURTHER
RESOLVED: that a certified
copy of this resolution shall be forwarded to the Albany offices of the Western
New York Assembly and Senate Delegation. Carried. RESOLUTION 94 Suspend the Rules of Order
Meeting #3
February 4, 2004
page
53 Supervisor Catalino moved and
Councilman Csati seconded to suspend the rules of
order for the conduct of business at Evans Town Board meetings for the purpose
of taking action on a resolution seeking funds from New York State for the Graycliff Conservancy.
VOTE
RESULT: Supervisor
Catalino aye
Councilman
Csati aye
Councilman
Bartus aye
Councilman
Govenettio aye RESOLUTION 95 Request WNY Congressional Delegation to
provide funding for the restoration of Graycliff Supervisor Catalino moved and
Councilman Csati seconded,
WHEREAS:
the Graycliff
Conservancy has recently submitted a request to the members of the Western New
York Congressional Delegation in the amount of $500,00 for federal funds to
improve the condition of the Graycliff Estate=s current parking facility create
overflow parking, install on-site and off-site directional signage, and add
enhanced lighting and landscaping, and
WHEREAS:
the Conservancy has been fortunate to
recently receive a federal Save America=s
Treasurers grant in the amount of $273,000, and
WHEREAS:
the Graycliff
Estate is a New York State landmark that is listed on the National Register of
Historic Places, and
WHEREAS:
the Graycliff
Estate is a sponsored project of the federal Save America=s Treasurers program and is an official
site on the Seaway Trail, New York State=s
only National Scenic Byway, and
WHEREAS:
Graycliff=s architectural significance and the
history of the relationship between Frank Lloyd Wright and Martin family make
this site a compelling heritage destination, and
WHEREAS:
the impact of restoring the Graycliff Estate will supplement New York State=s priority of public access for
lakefront property, and
WHEREAS:
support for the Graycliff
Estate enhances current plans to promote the Lake Erie waterfront as a natural
resource for public enjoyment and tourism NOW THEREFORE BE IT
Meeting #3 February 4, 2004 page 54
RESOLVED:
that the Town Board of the Town of Evans
hereby requests that the members of the Western New York Congressional
Delegation make every effort to provide federal funds in the amount of $500,000
to assist the Graycliff Conservancy=s efforts to restore this important
architectural treasure in Western New York and BE IT FURTHER
RESOLVED: that a certified
copy of this resolution shall be forwarded to the Washington D.C. offices of
the Western New York Congressional Delegation. Carried. RESOLUTION 96 Adjournment Supervisor Catalino moved and
Councilman Csati seconded to adjourn in memory of
Mrs. Conrad; then to a Work Session to be held on Wednesday, February 11, 2004
at 5:30pm and then to the next regular scheduled Town Board meeting to be held
on Wednesday, February 18, 2004 at 7:30pm. Carried. Respectfully submitted, Carol A. Meissner Town Clerk |