Meeting #6 - 3/17/2004

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 17, 2004 at 7:30pm there were

RESOLUTION #138 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.

Joe Trzyna, 6746 Hamilton Dr., Derby requested that the Town Board look into adopting a policy limiting someone to 3-5 minutes under privilege of the floor and submitting their positions the day prior.

Edmund Gleason, 7414 Southwestern Blvd., questioned when the pipes on the neighboring property are going to be removed and they are not capped.

-the status of the violations also for the neighboring property

-stated that Rt 20 is not the problem causing flooding it is the hose coming out of the barn on the neighboring property

-manure is still in the front yard

Charles Militello, 6840 Prescott Dr., Derby commented on the following:

-requested an update as to what the Town has done pertaining to the Rt 5 reconstruction project in Hamburg

-questioned if the Town Attorney reviews the bids and specifications before awarding the bids and give guidance to the Town Board

-feels that in some areas the guiderails are at an unsafe height on South Creek Road since the repaving

-the railroad crossing on Sturgeon Point Road is unsafe

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-When is the Lake Erie Beach Advisory Board going to meet?

-there are two picnic tables outside at the skatepark

Joe Stiles, 7786 Erie Rd., commented that he received a stopwork order for replacing shingles on a 10 year existing gazebo so he feels that if the previously mentioned drainage pipes shouldn=t be there then they should be removed. He requested an explanation of Resolution #5 on tonights agenda regarding tax reform for single family condominiums.

John O=Donnel, 9193 Applewood, Angola, expressed concern regarding the safety of the bridge located at Lake Street and Old Lake Shore Road as he believes pieces are falling off.

Mike Rashkin, controls the property located next to Edmund Gleason since April 2003.

-the pipes have been replaced & the old pipes are still there that have existed for many years

-track has existed for many previous owners

-the manure bin has existed for 30 years in the same spot and it now has been moved

RESOLUTION 139 Sheila Hickox & Jeff Slater RE: request assistance with flooding at Larch St & Sandy Ave

Supervisor Catalino moved and Councilman Erickson seconded to refer the communication from Sheila Hickox and Jeff Slater requesting assistance with flooding at Larch Street and Sandy Ave. to the Highway Superintendent.

Carried.

RESOLUTION 140 Sandy Brant, Planning Division RE: request to schedule PH for the rezoning of a portion of 7030 Erie Rd from MFR-4 to GB (PLL #2 of the year 2004)

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: in a letter dated February 25, 2004, on behalf of the Claddagh Commission, Inc., Glenn Christner, Architect, has requested that the Town Board of the Town of Evans rezone .5+/- acres of a 4.9+/- acre parcel located at 7030 Erie Rd., Derby, part of SBL#206.00-3-39.12, from Multi-Family Residential 4 (MFR-4) to General Business (GB) for the purpose of constructing a 4,000 square foot-eight bedroom, total care residence, and

WHEREAS: in a letter dated March 8, 2004, the Evans Planning Board has requested that the Town Board set a public hearing regarding the request of Claddagh Commission

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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 April 7, 2004 at 8:00pm for the consideration of said rezoning request

AND BE IT FURTHER

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

Carried.

RESOLUTION 141 Sandy Brant, Minor Subdivision Review Committee RE: ARR Holdings LLC minor subdivision, Wisconsin Rd SBL#206.12-6-21

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: in a letter dated March 6, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the ARR Holdings, LLC minor subdivision, and

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 ARR Holdings, LLC Minor Subdivision (Addendum A SEQRA short environmental assessment form),

a division of SBL#206.12-6-21, dividing a 1.84+/- acre parcel to create:

1. A .79+/- acre parcel with 142.12+/- feet of frontage on Wisconsin Rd., and

2. A 1.05+/- acre parcel with 175+/- feet of frontage on Wisconsin Rd

Petitioner: ARR Holdings, LLC, 4727 Camp Rd., Hamburg NY 14075

AND BE IT FURTHER

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

Carried.

RESOLUTION 142 Approve ARR Holdings LLC minor subdivision

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Supervisor Catalino moved and Councilman Erickson 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 ARR Holdings, LLC Minor Subdivision, dividing a 1.84+/- acre parcel known as SBL#206.12-6-21 to create:

1. A .79+/- acre parcel with 142.12+/- feet of frontage on Wisconsin Rd., and

2. A 1.05+/- acre parcel with 175+/- feet of frontage on Wisconsin Rd

Petitioner: ARR Holdings, LLC, 4727 Camp Rd., Hamburg NY 14075

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.

Town Attorney Zajas commented that it is a privilege to serve under the current Town Board and you have never run from a problem you always try to resolve them and I think that municipalities would be better served with the heads of Town Board that tries this hard. Can=t make everything go away. Can=t fix every problem but I know this Town Board and the Department Heads all try their best to do it regardless of political considerations or the popularity of the decision. If it=s the right one you guys have always tried to make it. I=m proud to be here with you.

Councilman Csati reported that job applications are being accepted for the position of part time gateguard for the skatepark.

-Beginning April 1^st the skatepark passes will be on sale for $5.00 which will also include admission to the skateparks in Hamburg and Orchard Park.

Councilman Bartus commended the Highway Department for the snow removal from the last storm.

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Councilman Govenettio reported that the Army Corp and the DEC will be here in town for a site visit next week for the problems with Big Sister Creek.

-there will be a meeting with the DEC, Town and Highway will be at the Fiebelkorn

property

Supervisor Catalino reported that tonights meeting will be adjourned in memory of Frank Galfo who passed away.

-thanked Councilman Govenettio for all of his hard work and working with Gifford Swyers.

-Welcomed Councilman Erickson back as she was sadly missed.

RESOLUTION 143 Committee and Department Head reports

Supervisor Catalino moved and Councilman Csati seconded to accept the Committee and Department Head reports.

Carried.

RESOLUTION 144 PLL #3 of the year 2003 (Recreation/Greenspace fees); Establish Recreation/Greenspace fees; PLL #1 of the year 2004 (8563 Erie Rd., Angola from R-1 to GB or MS)

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

Carried.

RESOLUTION 145 Advertise for bids for 1 unmarked 2004 police vehicle

Councilman Csati moved and Councilman Erickson seconded,

RESOLVED: that the Town Clerk advertise for bids according to attached specifications for the purchase of one police vehicle (unmarked), full size 4-door sedan model year 2004. Said bids to be opened on March 29, 2004 at 10:00am. (Addendum B)

Carried.

RESOLUTION 146 Advertise for bids for (3) 2004 police vehicles

Councilman Csati moved and Councilman Erickson seconded,

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RESOLVED: that the Town Clerk advertise for bids according to attached specifications for the purchase of three police vehicles, full size 4-door sedan model year 2004. Said bids to be opened on March 29, 2004 at 10:15am. (Addendum C)

Carried.

RESOLUTION 147 Enter into an amendment with Erie County Water Authority for a 4 inch meter pit on Lake Shore Road opposite of McKinley Ave

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans and the Erie County Water Authority have entered into a Bulk Sales Agreement on or about March 4, 2002, and effective May 8, 2003 amended said agreement increasing the term thereof until all outstanding New York State Clean Water State Revolving Loan Funds are paid by the Town, estimated to be at 30 years; and

WHEREAS: the Town and said Authority desire to further amend said agreement to reflect an additional connection of a 4 inch meter pit located on Lake Shore Road opposite McKinley Avenue and provide further details as set forth in Amendment No. 2, a copy of which is attached hereto and made a part hereof (Addendum D)

NOW THEREFORE BE IT

RESOLVED: that the Supervisor of the Town of Evans is hereby authorized to execute into an amendment of said Bulk Sales Agreement in a form approved by the Town Attorney and generally in conformity with the proposed Amendment No. 2, a copy of which is attached hereto and made a part hereof.

Carried.

RESOLUTION 148 Enter into a Memorandum of Understanding with various agencies for the development, maintenance & related issues for the proposed shoreline trail

Councilman Erickson moved and Councilman Bartus seconded,

RESOLVED: that the Supervisor the Town of Evans is hereby authorized to execute into a Memorandum of Understanding with various jurisdictions and agencies regarding the development, maintenance and related issues relative to the proposed shoreline Trail in a form approved by the Town Attorney and generally in conformity with the proposed Memorandum of Understanding attached hereto and made a part hereof. (Addendum E)

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Carried.

RESOLUTION 149 Town to support Bill #A9827 (tax reform for single family condominiums)

Councilman Bartus moved and Councilman Csati seconded,

WHEREAS: New York State Assemblyman Richard Smith introduced last year to legislation that will end a tax break for single-family condominiums

THEREFORE BE IT

RESOLVED: that the Evans Town Board supports Bill #A9827, regarding tax reform for single-family condominiums.

Carried.

RESOLUTION 150 Amend Resolution #47 (Recycling Committee)

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: due to the request of the Town of Evans Recycling Committee to update the present listing of its committee members,

THEREFORE BE IT

RESOLVED: that Resolution #47 be amended to reflect the following additions and deletions

REMOVED: Louis Atti and Denise DeJohn as Liaison for the Village of Angola

ADD: William J. Houston, Trustee as the 2004 Liaison for the Village of Angola

REMOVED: Tim Conroy and John Latimore, Committee Members

Carried.

RESOLUTION 151 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:

Henry Koszuta, 8701 M. Main

Acct 02101260 Adjustment: $166.15

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VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Councilman Csati aye

Supervisor Catalino aye

RESOLUTION 152 Traffic calming study for Rt 5 in Hamburg

Councilman Bartus moved and Councilman Govenettio seconded,

WHEREAS: the New York State Department of Transportation (NYSDOT) has been studying traffic flow and safety on Route 5 from Old Big Tree Road to Old Lake Shore Road in Hamburg, for some time, and

WHEREAS: Town of Evans representatives have served on the Task Force/Advisory Group for the study, PIN 5134.10 since October, 1998, and

WHEREAS: the Town of Evans consistently throughout said study expressed serious concerns regarding any alternative that reduces the configuration of the highway to three lanes, and

WHEREAS: the NYSDOT has recently proposed a temporary repavement and realignment of said stretch of highway from four lanes to three - two lanes northbound toward downtown Buffalo and one lane southbound, along with a center left-turn lane, and

WHEREAS: the NYSDOT has stated that this will be a temporary fix until the road undergoes reconstruction in several years and this work will serve as a test of one of the alternatives being studied for the total reconstruction, and

WHEREAS: the Town of Evans understands the need for repaving and testing this alternative, we have serious concerns regarding the duration of the realignment period

NOW THEREFORE BE IT

RESOLVED: that the Town of Evans expresses its strong opposition to a test period exceeding the duration needed for temporary repairs and a reasonable time for collection of data, and

BE IT FURTHER

RESOLVED: that the Town of Evans wishes to continue to be involved and informed throughout the analysis of the information collected during the realignment test period, and

RESOLVED: that a copy of this resolution be sent to the NYSDOT, Assemblyman Richard Smith and Senator Dale Volker.

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:

Supervisor Catalino moved and Councilman Csati seconded to adjourn in memory of Frank Galfo and then to the next regular scheduled work session on Wednesday, March 24, 2004 at 5:00pm and then to the next regular scheduled Town Board meeting to be held on Wednesday, April 7, 2004 at 7:30pm.