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Meeting #5 Meeting #5 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, March 3, 2004 at 7:30pm there were: PRESENT ALSO
PRESENT ABSENT RESOLUTION #111 Approve minutes Supervisor Catalino moved and Councilman Csati seconded
that the reading of the minutes of the meeting of February 18, 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., questioned the
following: -Town Board=s
position on the Route 5 project in Wanakah -Veteran=s
area in Derby between Schuyler and Putnam Drive would like permission to
organize a flower and garden -Picnic tables at various town facilities were left
out all winter Wayne Dyke, McKinley Road questioned when the
residents will be able to connect to the water lines on McKinley Road. Jerry Cournyea, 865 Bennett Road questioned what the
town is going to do about Big Sister Creek as he now has ice and damage to
his property again. RESOLUTION 112 Glenn Christner, Architect RE:
Request rezoning of section of 7030 Erie Rd Supervisor Catalino moved and Councilman Bartus
seconded to refer the communication from Glenn Christner, architect
requesting the rezoning of a portion of 7030 Erie Road for Claddagh
Commission, Inc. from MFR-4 to GB to the Planning Board
Meeting #5 March 3, 2004 page 65 for review and recommendation. Carried. RESOLUTION 113 Planning Division RE: schedule PH
for the renewal of Southtowns Auto Auction Special Use Permit Councilman Govenettio moved and Councilman Csati
seconded, WHEREAS: in a letter dated February 26, 2004, the
Planning Division Office has requested that the Town Board set a public
hearing regarding the petition of Southtowns Auto Auction, for an auto
vehicle auction facility, to be located at 8418 Southwestern Blvd. (a.k.a.
US Route 20), Angola, NY, part of SBL#221.00-3-22. Petitioner: Roy
Emerling (Southtowns Auto Auction, Inc.), PO Box 204, Boston, NY 14025. NOW THEREFORE BE IT RESOLVED: that the Town Board authorize the Town
Clerk to advertise for a public hearing to be held on April 7, 2004 at
7:50pm for the consideration of said special use permit renewal, and BE IT FURTHER RESOLVED: that this matter be referred to the
Planning Division Office to determine the need for Planning Board review
and recommendation prior to the public hearing, and BE IT FURTHER RESOLVED: that a copy of this resolution be given
to the Planning Office and the Building Department. Carried. RESOLUTION 114 Henry Koszuta RE: request water
bill adjustment Supervisor Catalino moved and Councilman Csati
seconded to refer the request from Henry Koszuta for a water bill
adjustment to the water department. Carried. RESOLUTION 115 Edward Schneider III RE: past &
future sale of Lake Erie Beach Park parcels, Bridge over Muddy Creek Meeting #5 March 3, 2004 page 66 Supervisor Catalino moved and Councilman Bartus
seconded to receive and file the communication from Edward Schneider, III
regarding the past and future sale of lake Erie Beach Park parcels and the
bridge over Muddy Creek. Carried. RESOLUTION 116 Angola Fire Control Fire Council
RE: frozen fire hydrants Supervisor Catalino moved and Councilman Csati
seconded to receive and file the communication from the Angola Fire
Control Fire Council regarding frozen fire hydrants and further that
Councilman Govenettio will keep in touch with the fire chiefs. Carried. RESOLUTION 117 Sheryl Tait RE: request assistance
with the enforcement of the speed limit on Beach Road Supervisor Catalino moved and Councilman Bartus
seconded to refer the communication from Sheryl Tait regarding assistance
with the enforcement of the speed limit on Beach Road to the Chief of
Police. Carried. RESOLUTION 118 Angola Fire Control RE: request
Town Board to adopt bill A7131-A & S3093-A (tax exemption for members of
volunteer fire companies) Supervisor Catalino moved and Councilman Bartus
seconded to refer the communication from the Angola Fire Control Fire
Council regarding an exemption for members of volunteer fire companies to
the proper department heads. Carried. RESOLUTION 119 Lake Shore Central School District
RE: request use of four (4) voting machines for annual school district
budget vote & election of board members on May 18, 2004 Supervisor Catalino moved and Councilman Csati
seconded to approve the request of Lake Shore Central Schools for the use
of four (4) voting machines for the annual school district Budget Vote and
Election of Board Members to the be held on Tuesday, May 18, 2004. Carried. RESOLUTION 120 Community Concern RE: recruiting
volunteers to assist with their TAP (Telephone Assurance Program) for
seniors Supervisor Catalino moved and Councilman Csati
seconded to receive and file the Meeting #5 March 3, 2004 page 67 communication from Community Concern regarding the
recruitment of volunteers to assist with their Telephone Assurance Program
(TAP) for seniors and further that the Supervisor=s
secretary will post the notice on the Town bulletin board. Carried. Councilman Csati reported the following: -Town Park Shelter reservations will be held on
Saturday, March 20, 2004 from 7:00am - 9:00am in the Town Hall, main lobby -Town Park stickers will be available on Saturday,
March 20, 2004 for a charge of $1.00, there is no charge for residents
over 60 years of age. Councilman Bartus reported the Boy Scouts will
stencil the recycling bins. Councilman Govenettio reported the following: -left turn lane on Route 5 at Beach road -former Fiebelkorn property that the town now owns
will be looked at by the Highway Superintendent to see about a parking lot
for the fishing season. The State wants to be involved to help out with
any project at this site. Supervisor Catalino reported the following: -thanked Diana Cafferty for the smooth tax collection
and the Chief of Police for providing security. -Thanked Ed Michalski for his cooperation with a
movie that was filmed locally
ASpring Forward@. RESOLUTION 121 Town Officials reports Supervisor Catalino moved and Councilman Bartus
seconded to accept the Committee and Department Head reports as follows: Carol A. Meissner, Town Clerk: Petty Cash $-0- Monthly report - February 2004 $6,846.11 Diana Cafferty, Receiver of Taxes & Assessments: Water Receipts - February 2004 $102,940.64 Duplicate Bills - February 2004 $224.00 Interest - February 2004 $23.13 VOTE RESULT: Supervisor Catalino aye Councilman Bartus aye
Meeting #5 March 3, 2004 page 68 Councilman Govenettio aye Councilman Csati aye RESOLUTION 122 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) Supervisor Catalino moved and Councilman Bartus
seconded that Proposed Local Law #3 of the year 2003, Recreation/Greenspace
fees establishment of Recreation/Greenspace fees and Proposed Local Law #1
of the year 2004 - rezoning of 8563 Erie Road, Angola, New York from R-1
to GB or MS will remain under old business on the agenda. Carried. RESOLUTION 123 Grant Special Use Permit for First
Place Finishes, 1526 Eden Evans Center Road, Angola Supervisor Catalino moved and Councilman Govenettio
seconded, WHEREAS: First Place Finishes has requested a
Special Use Permit for restoration and custom painting of automobiles and
motorcycles including collision repair, to be located at 1526 Eden Evans
Center Road, Angola, part of SBL#221.00-4-29, and WHEREAS: the Town Board of the Town of Evans
conducted a public hearing on January 21, 2004 regarding said Special Use
Permit, and WHEREAS: the Town Board of the Town of Evans has
issued a negative declaration as part of the SEQR review process, and WHEREAS: the Evans Planning Board has conducted a
thorough review of the application and has unanimously voted to recommend
approval of said Special Use Permit, for the following reasons: 1. No significant environmental concerns were
identified 2. The project meets all of the zoning requirements
of the Town 3. The nature of the business is well-suited for the
area and is in conformance with the Town of Evans Comprehensive Plan; and WHEREAS: the Planning Board also recommended the
following conditions be placed on said Special Use Permit:
Meeting #5 March 3, 2004 page 69 1. The site must be developed in accordance with the
site plan as approved by the Town of Evans Planning Board on January 28,
2004. 2. For the purpose of preparation or staging, only 2
vehicles may be stored on the site as shown on said site plan. 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. All vegetation situated along the northwestern
property boundary shall remain intact to provide a buffer for the
adjoining residential property. 6. There shall be no use of the airport runway. 7. If future need for a dumpster arises, it shall
be screened in accordance with Town code 8. This special use permit shall be for a one (1)
year period. Applicant may apply for renewal. NOW THEREFORE BE IT RESOLVED: that the Town Board of the Town of Evans
grants a Special Use Permit to First Place Finishes for First Place
Finishes, 1526 Eden-Evans Center Road, Angola, NY, part of SBL#221.00-4-29,
for a period of 12 months, and BE IT FURTHER RESOLVED: that the eight (8) 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 124 Officer to attend NYS Dare Officer
Association Annual Conference from April 25-28 Councilman Govenettio moved and Councilman Bartus
seconded, Meeting #5 March 3, 2004 page 70 RESOLVED: D.A.R.E. Officer William Sills is
approved to attend the N.Y.S. DARE Officer Association Annual Conference
from April 25-28, 2004 and that all necessary and reasonable expenses
incurred are approved in accordance with the rules and regulations
governing travel and education. Carried. RESOLUTION 125 Advertise for proposals for marine
related business in the St Pt Marina Councilman Csati moved and Councilman Govenettio
seconded, RESOLVED: that the Town Board of the Town of Evans
authorize the Town Clerk to advertise for proposals for a marine related
business located in the Sturgeon Point Marina maintenance building. Said
proposals to be opened on March 15, 2004 at 9:15 am. Carried. RESOLUTION 126 Appt of Economic Development
Advisory Committee member Councilman Govenettio moved and Councilman Bartus
seconded, RESOLVED: that John Cappellino of the Erie County
Industrial Development Agency be reappointed to the Economic Development
Advisory Committee whose term expires December 31, 2004. Carried. RESOLUTION 127 Appt of Economic Development
Advisory Committee members Councilman Govenettio moved and Councilman Bartus
seconded, RESOLVED: that the following individuals be
appointed to the Economic Development Advisory Committee - terms to expire
December 31, 2004. Lynda Mason, 1154 Milestrip Road, Irving Kenneth Connoly, 880 Sturgeon Point Road, Derby Carried. RESOLUTION 128 Create (5) five Laborer RPT
positions Councilman Bartus moved and Councilman Govenettio
seconded,
Meeting #5 March 3, 2004 page 71 WHEREAS: in order to meet the workforce needs of
various departments, additional positions must be added to the Town=s
personnel inventory; THEREFORE BE IT RESOLVED: that the Evans Town Board hereby
authorizes the creation of five (5) Laborer Regular Part Time positions in
accordance with Civil Service Rules and Regulations to be added to the
Town=s personnel
inventory. Carried. RESOLUTION 129 Appt of RPT Laborer Councilman Csati moved and Councilman Bartus
seconded, RESOLVED: that Pete DelPrince of Angola and Donald
E. Latimore of Angola be appointed to the position of RPT Laborer: to be
paid the rate of $8.00 per hour. VOTE RESULT: Councilman Csati aye Councilman Bartus aye Councilman Govenettio aye Supervisor Catalino aye RESOLUTION 130 Sign addendum for Westfield
Disposal Services contract Councilman Bartus moved and Councilman Govenettio
seconded, WHEREAS: the Town of Evans has an agreement for
collection, hauling and disposal of mixed municipal solid waste and
specified items and materials with Westfield Disposal Services through
December 31, 2006; and WHEREAS: said agreement currently defines
Construction and Demolition Material (as defined by the NYS DEC Solid
Waste Management Regulations) as an
AUnacceptable
Waste@ that the
Contractor is not required to pick up and dispose of; and WHEREAS: the removal of these types of waste
serves the best interest of keeping the Town of Evans clean and relieving
it=s residents of
the additional burden of alternative means of disposal; THEREFORE BE IT Meeting #5 March 3, 2004 page 72 RESOLVED: that the Town Board hereby authorizes the
Supervisor to sign an addendum to the present agreement that adds
Construction and Demolition Material as an acceptable waste to be
collected and disposed of by Westfield Disposal Services and that
compensation for said additional service shall be twenty cents ($.20) per
unit, per month. VOTE RESULT: Councilman Bartus aye Councilman Govenettio aye Councilman Csati aye Supervisor Catalino aye RESOLUTION 131 Support the out of district sewer
connection for Angola Airport Supervisor Catalino moved and Councilman Bartus
seconded, WHEREAS: Richard Tocha, the owner of certain real
property on Eden Evans Center Road, and formerly known as the Angola
Airport is proposing the development of said facility; and WHEREAS: said owner is proposing to connect said
premises to the existing sewer line that extends along Eden-Evans Center
Road; and WHEREAS: although a minimal portion of the
project is located within the boundary of Sewer District No. 2, or very
near the boundary of the same, the Erie County Sewer Authority is
requesting local authorization as an out of district connection NOW THEREFORE BE IT RESOLVED: that the Town Board of the Town of Evans
supports the out of district sewer connection for the said project and
property. Carried. RESOLUTION 132 Town Licenses Supervisor Catalino moved and Councilman Bartus
seconded to grant a refreshment license to David Burke, Sr. D/B/A Circle B
Dog House contingent upon approval of the Chief of Police and Department
of Health. Carried. RESOLUTION 133 Audit of Bills Meeting #5 March 3, 2004 page 73 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 366-465 43,948.32 PART TOWN 366-465 5,822.34 HIGHWAY 366-465 14,658.49 WATER 366-465 5,907.55 SPECIAL DISTRICTS 366-465
25,062.06 VOTE RESULT: Councilman Csati aye Councilman Govenettio aye Councilman Bartus aye Supervisor Catalino aye RESOLUTION 134 Adjournment Supervisor Catalino moved and Councilman Govenettio
seconded to adjourn to a worksession on Wednesday, March 10, 2004 at 5:00pm
and then to the next regular scheduled Town Board meeting to be held on
Wednesday, March 17, 2004 at 7:30pm. Carried. Respectfully submitted Carol A. Meissner Town Clerk |