Meeting #4

February 18, 2004

page 55

 

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 18, 2004 at 7:30pm there were

 

PRESENT:                                   Thomas A. Csati                           Councilman

Joseph F. Govenettio                     Councilman

Kathleen A. Bartus                       Councilman

 

ALSO PRESENT:                           Carol A. Meissner                        Town Clerk

J. Grant Zajas                              Town Attorney

 

ABSENT:                                    Karen E. Erickson                         Councilman

Robert R. Catalino, II                   Supervisor

 

RESOLUTION #97 Approve minutes

 

Councilman Csati moved and Councilman Govenettio seconded that the reading of the minutes of the meeting of February 4, 2004 be dispensed with and approved as submitted by the Town Clerk.

Carried.

 

Councilman Csati extended the privilege of the floor to any and all persons present.

 

Edmund Gleason, 7414 Southwestern Blvd., questioned when the violations against his property are going to stop.  He wants the pipes his neighbor put in taken out.  Mr. Gleason has been waiting since June 10, 2003 for these violations to be taken care of in court.

Charles Militello, 6840 Prescott Dr., Derby, New York questioned the following:

-At the February 4, 2004 Town Board meeting he questioned the zoning of the horse training track near Mr. Gleason and has not received an answer.

-Why is Community Concern, which was formerly zoned as a church, now zoned (GB), General Business.  Also, why was he not informed of the change in the zoning being a neighbor to Community Concern or given the option of having his business zoned (GB) General Business.

-At the November 19, 2003 Town Board meeting, resolution number six (6) on the agenda was a contract between the Town and Lake Shore Central Schools for a recreation program.  He questioned who is funding the skatepark.

-Would like published a total cost of the skatepark such as the cost of the fence, blacktop, materials, man hours and contracts with contractors.

Meeting #4

February 18, 2004

page 56

 

-Were comparisons made with other skateparks in the area prior to the Town of Evans building a skatepark.

-What are the qualifications for a paper to be designated as the Town paper.

Joe Kwilos, 7680 Erie Road questioned the feasibility study has been conducted regarding the Angola Airport and why it takes so long.  He recommended that the old Durion plant be utilized for a business prior to a new build.

 

RESOLUTION 98 Sandra Brant, Minor Subdivision Rev. Committee RE: Kelly minor subdivision, 7853 Keene Rd., Derby

 

Councilman Bartus moved and Councilman Govenettio seconded,

 

WHEREAS:     in a letter dated January 30, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Doris A. Kelly 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 Tow Board of the Town of Evans adopts the finding of the Town of Evans Minor Subdivision Review Committee and issues a SEQRA negative declaration for the Doris A. Kelly minor subdivision (Addendum A SEQRA short environmental assessment form)

 

A division of SBL#221.00-2-19.1, dividing a 10.06+/- acre parcel to create:

 

1.  a 1.00+/- acre parcel with 200+/- feet of frontage on Keene Rd., and

2.  a 9.06+/- acre parcel with 556.67+/- feet of frontage on Keene Rd.

 

Petitioner: Doris A. Kelly, 7855 Keene Rd., Derby, NY 14047

 

AND BE IT FURTHER

 

RESOLVED: that a copy of this resolution be given to the Planning Office.

Carried.

 

RESOLUTION 99 Approve Kelly minor subdivision

 

Councilman Bartus moved and Councilman Govenettio seconded,

Meeting #4

February 18, 2004

page 57

 

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 Doris A. Kelly minor subdivision, dividing a 10.06+/- acre parcel known as SBL #221.00-2-19.1 to create:

 

1.  a 1.00+/- acre parcel with 200+/- feet of frontage on Keene Rd., and

2.  a 9.06+/- acre parcel with 556.67+/- feet of frontage on Keene Rd.

 

Petitioner: Doris A. Kelly, 7855 Keene Rd., 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 Building Inspector=s Office.

Carried.

 

RESOLUTION 100  Sandra Brant, Minor Subdivision Rev. Committee RE: Walczyk minor subdivision, 9285 Ryther Rd., Angola

 

Councilman Bartus moved and Councilman Govenettio seconded,

 

WHEREAS:     in a letter dated February 2, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Ronald Walczyk Minor Subdivision, and

 

WHEREAS:     it has been determined that there will be no significant effect on the environment

 

NOW THEREFORE BE IT

 

 

 

 

Meeting #4

February 18, 2004

page 58

 

RESOLVED:    that the Town Board of the Town of Evans adopts the finding of the Town of Evans Minor Subdivision Review Committee and issues a negative declaration for the Ronald Walczyk minor subdivision (Addendum B short environmental assessment form)

 

A division of SBL#236.00-3-44.14, dividing a 7.59+/- acre parcel to create:

 

1.  A 1.66+/- acre parcel with 200+/- feet of frontage on Ryther Rd., and

2.  A 5.85+/- acre parcel with 281.91+/- feet of frontage on Ryther Rd.

 

PETITIONER: Ronald Walczyk, 8468 N. Main St., Eden NY 14057

 

AND BE IT FURTHER

 

RESOLVED: that a copy of this resolution be given to the Planning Office.

Carried.

 

RESOLUTION 101 Approve Walczyk minor subdivision

 

Councilman Bartus moved and Councilman Govenettio 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 Ronald Walczyk minor subdivision, dividing a 7.59+/- acre parcel known as SBL#236.00-3-44-14 to create:

 

1.  A 1.66+/- acre parcel with 200+/- feet of frontage on Ryther Rd., and

2.  A 5.85+/- acre parcel with 281.91+/- feet of frontage on Ryther Rd.

 

PETITIONER: Ronald Walczyk, 8468 N. Main St., Eden NY 14057

 

AND BE IT FURTHER

 

Meeting #4

February 18, 2004

page 59

 

RESOLVED:    that a copy of this resolution be given to the Planning Office, the Assessor=s Office and the Building Inspector=s Office.

Carried.

 

Councilman Bartus reported that construction material will be picked up in the garbage collection.  If there are any problems call her office.

 

Councilman Govenettio presented a water department report and a police department report.

 

RESOLUTION 102 Town Officials reports

 

Councilman Csati moved and Councilman Govenettio seconded to accept the Committee and Department Head reports from Diana A. Cafferty, Receiver of Taxes and Assessments as follows:

 

January 2004 - Water Receipts                          $97,340.37

January 2004 - Duplicate bills                                    40.00

January 2004 - interest                                              23.19

 

VOTE RESULT:                             Councilman Csati                        aye

Councilman Govenettio                aye

Councilman Bartus                      aye

 

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 issuance of a Special Use Permit for restoration and custom painting of automobiles and motorcycles including a collision repair for First Place Finishes located at 1526 Eden Evans Center Road, Angola, New York 14006.

 

A letter dated January 29, 2004 from Sandra L. Brant, Chairman of the Evans Planning Division recommending approval of the Special Use Permit along with eight (8) conditions was presented.

Catherine Brennen, 1465 Eden Evans Center Road is concerned about the impact of the business on people hanging clothes outside, sitting outside, pets, having windows open, noise, loitering and additional traffic.

There being no one else wishing to speak the public hearing was closed at 7:55pm.

 

RESOLUTION 103 PLL #3 of the year 2003 (Recreation/Greenspace fees), Establishment of Recreation/Greenspace fees & PLL #1 of the year 2004 (rezoning of 8563 Erie Rd., Angola from R-1 to GB or MS)

Meeting #4

February 18, 2004

page 60

 

Councilman Csati moved and Councilman Govenettio seconded that PLL #3 of the year 2003 (Recreation/Greenspace fees), Establishment of Recreation/Greenspace fees & PLL #1 of the year 2004 (rezoning of 8563 Erie Rd., Angola from R-1 to GB or MS) remain under old business on the agenda.

Carried.

 

RESOLUTION #104 Appt of Member of the Zoning Board of Appeals

 

Councilman Govenettio moved and Councilman Bartus seconded,

 

WHEREAS:     there is a vacancy on the Zoning Board due to the resignation of Anthony Anzalone

 

THEREFORE BE IT

 

RESOLVED:    that the Town of Evans Board hereby appoints Michael Kroll of 553 Mergenhagen Rd., Angola, NY, to be vacant position for a term which is to expire December 31, 2007.

Carried.

 

RESOLUTION 105  Authorize Building Inspector to attend Educational Conference in Rochester on March 22 & 23^rd, 2004

 

Councilman Govenettio moved and Councilman Bartus seconded,

 

WHEREAS:     the State of New York has adopted the International Building Code in 2003, and

 

WHEREAS:     the Finger Lakes Building Officials will be holding a four-day conference on the International Building code

 

NOW THEREFORE BE IT

 

RESOLVED:    that Chuck LaBarbera, be authorized to attend the Educational Conference held in Rochester on March 22 and 23, 2004 with all reasonable expenses incurred being a town charge in accordance with the rules & regulations governing travel and education.

Carried.

 

RESOLUTION 106  Water bill adjustment

 

Meeting #4

February 18, 2004

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Councilman Govenettio moved and Councilman Bartus seconded,

 

RESOLVED:    that an adjustment be made to the following account because of a reading error.

 

Joseph Blake, 8081 Versailles

Account #01111630

Adjustment:   $20.50

 

VOTE RESULT:                                      Councilman Govenettio      aye

Councilman Bartus            aye

Councilman Csati               aye

 

RESOLUTION 107  Water bill adjustments

 

Councilman Govenettio moved and Councilman Bartus seconded

 

RESOLVED:    that an adjustment be made to the following accounts because of a water leak

 

Lois Mistretta, 6793 Prescott

Account # 01050540

Adjustment:   $166.15

 

Thomas Heaney, 9365 Jamestown

Account # 03020100

Adjustment:   $244.73

 

VOTE RESULT:                                      Councilman Govenettio      aye

Councilman Bartus            aye

Councilman Csati               aye

 

RESOLUTION 108  Install street lights on Kimberly Lane

 

Councilman Bartus moved and Councilman Govenettio seconded,

 

WHEREAS:     the Town Board passed a resolution approving acceptance, upon condition, of all of the roadway known as Kimberly Lane in the Scotlin Acres Subdivision, and

 

 

Meeting #4

February 18, 2004

page 62

 

WHEREAS:     in a previous resolution (#174 of the year 2003), the Town Board of the Town of Evans authorized the Supervisor to execute an agreement between the Town and Niagara Mohawk Power Corporation approving street lighting for a portion of Kimberly Lane, and

 

WHEREAS:     it is now appropriate for all of the same roadway to be illuminated by street lights not now in place,

 

NOW THEREFORE BE IT

 

RESOLVED:    that Niagara Mohawk Power Corporation be directed to make changes in the street lighting system of the Town of Evans as set forth in Exhibit A

 

AND BE IT FURTHER

 

RESOLVED:    that the Supervisor is authorized and directed to execute and/or enter into any agreement by and between the Town of Evans and Niagara Mohawk Power Corporation required to give effect to this resolution and for such purposes, subject to the approval of the Town Attorney.

Carried.

 

RESOLUTION 109 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                                             233-365                            82,500.95

PART TOWN                                         233-365                            49,237.73

HIGHWAY                                            233-365                            51,245.91

WATER                                                233-365                            18,449.90

CAPITAL PROJECTS                                233-365                             2,107.88

SPECIAL DISTRICTS                      233-365                            65,063.20

 

VOTE RESULT:                                      Councilman Csati               aye

Councilman Govenettio      aye

Councilman Bartus            aye

 

RESOLUTION 110 Adjournment

 

 

Meeting #4

February 18, 2004

page 63

 

Councilman Csati moved and Councilman Govenettio seconded to adjourn to a work session on Wednesday, March 25, 2004 at 5:30pm and then to the next regular scheduled Town Board meeting on Wednesday, March 3, 2004 at 7:30pm.

Carried.

 

Respectfully submitted,

 

 

 

 

Carol A. Meissner

Town Clerk