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Meeting #7
April 7">
Meeting #7
April 7, 2004
page 88 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 7, 2004 at 7:30pm there
were PRESENT ALSO
PRESENT Carol
A. Meissner
RESOLUTION 55 Approve minutes
Supervisor Catalino moved and Councilman Erickson seconded that the
reading of the minutes of the meeting of March 17, 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 spoke on the following matters:
-presented photographs of Route 5 in Wanakah to the Town Board. He
suggests a stronger resolution in opposition to the current proposed
solution of one lane outbound from Buffalo be sent to the N.Y.S.
Department of Transportation.
-Questioned why the Penny Saver is being used for some town ads. He
feels all town notices, and and Town Board minutes should be placed in
the Penny Saver. -It is
rumored that Family Promise Home located at Route 5 and Bennett Road are
going to house older criminals. -Suggests
an independent surveyor be hired to survey the Lake Erie Beach Park
property again, at his expenses, to alleviate a boundary matter. -A new
family in the area have concerns regarding property value, beaches etc.
Things in Town need to be taken care of in a timely manner.
RESOLUTION 156 Pat Persinger & Irma Snyder RE: request shuttle service
from the five fire companies in town to the Angola Movie Theater for the
showing of The Passion of the Christ Meeting
#7 April 7,
2004 page 89
Supervisor Catalino moved and Councilman Csati seconded to refer the
communication from Pat Persinger and Irma Snyder requesting a shuttle
service from the five fire companies in town to the Angola Movie Theater
for the showing of The Passion of the Christ to the five fire
companies. Carried.
RESOLUTION 157 Grace Campanella RE: request water bill adjustment
Supervisor Catalino moved and Councilman Bartus seconded to refer the
request from Grace Campanella regarding a water bill adjustment to
Councilman Govenettio and the proper department heads. Carried.
RESOLUTION 158 Petition from the residents of Albeeville Ave requesting
a no parking sign
Supervisor Catalino moved and Councilman Erickson seconded to refer the
petition from residents of Albeeville Avenue requesting a no parking
sign to Chief Ferguson. Carried.
RESOLUTION 159 Joyce Solop RE: request a section of Meadow Lane be
graded
Supervisor Catalino moved and Councilman Bartus seconded to refer the
request of Joyce Solop for a section of Meadow Lane to be graded to
Councilman Csati and Highway Superintendent Michalski. Carried.
RESOLUTION 160 David B. Burke RE: request to rezone property on Rt 5
from NB to GB
Supervisor Catalino moved and Councilman Erickson seconded, RESOLVED:
to refer the communication from David B. Burke requesting the
rezoning of 8814 Erie Rd. from neighborhood business (NB) to general
business (GB) to the Planning Board for review and recommendation. Carried.
RESOLUTION 161 Conservation Advisory Commission Board RE: 2003 annual
report
Supervisor Catalino moved and Councilman Erickson seconded that
Councilman Govenettio review the Conservation Advisory Commission Board=s
2003 annual report with David Stout, Chairman. Carried. April 7,
2004 page 90
RESOLUTION 162 Diana Cafferty, Rec of Taxes: request to attend 2004
Annual Training Seminar June 13 to June 16th
Supervisor Catalino moved and Councilman Erickson seconded to approve
the request of Diana A. Cafferty, Receiver of Taxes to attend the 2004
Annual Training Seminar from June 13th to June 16th,
2004 and further that all reasonable and necessary expenses incurred be
a town charge in accordance with the rules and regulation governing
training and travel expense reimbursement. Carried.
Councilman Csati thanked Mr. Militello for the pictures of the railroad
tracks on Sturgeon Point Road near Derby Road. He and Legislator Chase
are taking care of this matter. The County has been contacted regarding
the guardrails on South Creek Road. They will be taken care of this
summer. Wished everyone a Happy Easter.
Councilman Bartus presented the following reports: -DEC is
working on a design program for a parking lot for the fishing access
site at South Creek Road and Lake Shore Road -Meeting
with the County on the Fire District boundaries. -Big
Sister Creek flooding, the town is waiting for a call from the Army Corp
of Engineers.
-Preliminary design is underway for the bike path with a public hearing
to be held in early May. -Middle
School production of
ALuncheonette
of Terror@. -Happy
Easter
Councilman Govenettio presented the following report: -Thanked
the Chief of Police and the Police Department for their work during the
power outage. -Police
Department -McKinley
and Woodcliff Roads water project should be done by early summer
-Sidewalks and a road widening will be done this summer on Lake Street
to North Main Street.
Councilman Erickson presented the following reports: -a sewer
transfer line will be put in about 3-4 years on the Lake Shore Road from
Lake Street to Point Breeze. -a
temporary bridge on Lake Shore Road near Lake Street will be done in
May. The project will start after the fish stop spawning. Hopefully
the project will be completed before the fish spawn again in September. -Happy
Easter April 7,
2004 page 91
Supervisor Catalino congratulated Lori Szcwczyk, Director of Community
Development on the first loan of $75,000.00 grant she helped obtain, for
the first business in town.
RESOLUTION 163 Committee and 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: Petty
Cash $-0- Bingo
License fees for March $675.00 Town
Clerk=s
monthly report for March $10,173.65 Diana A.
Cafferty, Receiver of Taxes: Water
receipts for March $124,013.77 Duplicate
bills for March $111.00 Interest
earned for March $33.48 VOTE
RESULT: Supervisor Catalino aye
Councilman Erickson aye
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 regarding a
Special Use Permit renewal for 8418 Southwestern Boulevard being SBL#221.00-3-22
being known as Southtowns Auto Auction for the purpose of continuing the
operation of an auto vehicle auction facility. There
being no one wishing to speak the public hearing was closed at 7:52pm.
RESOLUTION 164 Grant renewal of the Special Use Permit for 8418
Southwestern Boulevard (Southtowns Auto Auction)
Councilman Erickson moved and Councilman Bartus seconded, WHEREAS:
on December 11, 2003, Southwestern Auto Auction requested the
renewal of the Special Use Permit for the purpose of continuing the
operation of an auto vehicle auction facility, located at 8418
Southwestern Blvd. (a.k.a. US Route 20), Angola, NY, part of SBL#221.00-3-22,
and Meeting
#7 April 7,
2004 page 92 WHEREAS:
said Special Use Permit was issued with the following conditions: 1.
The site must be developed in accordance with the site plan as approved
by the Town of Evans Planning Board dated April 3, 2001 and revised on
November 13, 2002. 2.
No vehicles shall be stored on the site in excess of 30 days. 3.
The 30.57 acre parcel that remains zoned Suburban Residential (SR) be
dedicated forever wild through deed restrictions, a conservation
easement or some other means as deemed acceptable to the Town Attorney. 4.
The natural vegetation that exists along the southwestern property line
shall remain fully intact to provide a visual buffer. 5.
Said special use permit shall be issued for a two (2) year period.
Applicant may apply for renewal. Said application shall be reviewed at
such time. WHEREAS:
the Town of Evans Planning Office and the Building Department have
conducted a proper review of the application and the facility and have
recommended the Special Use Permit be renewed for another two years, and WHEREAS:
the negative SEQRA declaration issued by the Evans Town Board on
July 26, 2000, for said facility is still sufficient and valid, and WHEREAS:
the Town Board of the Town of Evans has conducted a public hearing
regarding said Special Use Permit renewal, NOW
THEREFORE BE IT RESOLVED:
that the Town Board of the Town of Evans grants a Special Use Permit
renewal to Southtowns Auto Auction for the purpose of continuing the
operation of an auto auction facility, located at 8418 Southwestern
Blvd. (a.k.a. US Route 20), Angola, NY, and BE IT
FURTHER RESOLVED:
that the five (5) above said conditions again be placed upon said
Special Use Permit, and BE IT
FURTHER RESOLVED:
that a copy of this resolution be given to the Planning Office,
Assessor=s
Office and the Building Department. Carried. Meeting
#7 April 7,
2004 page 93
RESOLUTION 165
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 166 Permissive Referendum for sale of town owned property
Councilman Erickson moved and Councilman Csati seconded, WHEREAS:
the Town of Evans has acquired, or may have acquired, title to
certain parcels of land located in the Town of Evans; and WHEREAS:
the Town Board of the Town of Evans has from time to time resolved
to sell certain parcels of land being paper road rights of way, to which
the Town of Evans acquired, or may have acquired title; and WHEREAS:
it is no longer necessary for the Town of Evans to retain said
properties; and WHEREAS:
certain persons or parties have offered to purchase such right title
and interest the Town of Evans may have in such parcels of land; WHEREAS:
the Town is willing to sell whatever interest it may have in such
parcels of land, subject to a permissive referendum as permitted by law,
by way of a quit claim deed conveying such right title and interest, if
any, had by the Town of Evans in such parcels, subject to such easements
and/or rights of way as may be necessary or prudent relative to such
parcels, generally, and subject to the approval of the Town Attorney and
the appropriate departments heads; and NOW
THEREFORE BE IT Meeting
#7 April 7,
2004 page 94 RESOLVED:
that, subject to a permissive referendum as permitted by law, the
Town Board of Evans in regular session duly convened does hereby
authorize and direct the Supervisor of said Town of Evans to execute and
deliver to each of the purchasers set forth hereinafter a quit claim
deed conveying any right title or interest the Town of Evans has, if
any, in the parcels or real property hereinafter described, subject to
the approval of the Town Attorney and the appropriate department heads,
in exchange for the payment of the sums hereinafter set forth to be paid
by such purchasers, that is: 1.
Kathleen O=Connor
of 264 Garfield Avenue, Angola, NY 14006, such right, title and interest
the Town of Evans may have, if any, in a portion of Pearl, the spur
thereof at the intersection with Garfield, being approximately 100 feet
in length and 50 feet in depth as the same abuts, for its 100 foot
length, SBL#250.10-5-25, for the sum of $500.00; AND BE IT
FURTHER RESOLVED:
that any and all notices be posted and/or published as required by
law. VOTE
RESULT: Councilman Erickson aye
Councilman Csati aye
Councilman Govenettio aye
Councilman Bartus aye
Supervisor Catalino aye
RESOLUTION 167 Authorize Wendel Duchscherer Architects & Engineers to
perform a leak detention survey
Councilman Govenettio moved and Councilman Bartus seconded, WHEREAS:
the Town of Evans is continuing work on the Feasibility Study for
Consolidating with the Erie County Water Authority (ECWA), and WHEREAS:
the project warrants that a Town-Wide Comprehensive Leak Detection
Survey be performed, WHEREAS:
Erie County has made funding available for the Feasibility Study
including $17,000 for the leak detention survey, NOW
THEREFORE BE IT Meeting
#7 April 7,
2004 page 95 RESOLVED:
that the Town of Evans authorizes Wendel Duchscherer Architects and
Engineers, P.C. to complete the leak detention survey, and BE IT
FURTHER RESOLVED:
that the fee for this work shall not exceed $17,000 without further
authorization of the Evans=
Town Board. VOTE
RESULT: Councilman Govenettio aye
Councilman Bartus aye
Councilman Csati aye
Councilman Erickson aye
Supervisor Catalino aye
RESOLUTION 168 2004 Polling Locations
Councilman Bartus moved and Councilman Govenettio seconded, RESOLVED:
that the following list of Polling Locations be designated as the
official Polling Locations for the Town of Evans for the year 2004: 1
Evans Senior Center, 999 Sturgeon Point Road, Derby, NY 2
Angola Fire Sub-Station, South Main Street, Angola, NY 3
Evans Center Vol. Fire Co., Inc., 8298 Erie Road, Angola, NY 4
John T. Waugh School, 100 High Street, Angola, NY 5
Highland Hose Vol. Fire Co., Inc., 1 George Nablo Pkwy, Derby, NY 6
Lake Erie Beach Fire Hall, Main Hall, 9483 Lake Shore Road, Angola, NY 7
Lake Shore Central Senior High School, 989 Beach Road, Angola, NY 8
Most Precious Blood School, Prospect Street, Angola, NY 9
Highland Hose Vol. Fire Co., Inc., 1 George Nablo Pkwy., Derby, NY 10
North Evans Fire Hall, 6988 Versailles Road, North Evans, NY 11
John T. Waugh School, 100 High Street, Angola, NY 12
Lake Erie Beach Fire Hall, Main Hall, 9483 Lake Shore Road, Angola, NY 13
Evans Town Park, Lake Shore Road, Angola, NY 14
Evans Center Vol. Fire Co., Inc., 8298 Erie Road, Angola, NY 15
Most Precious Blood School, Prospect Street, Angola, NY 16
Highland Hose Vol. Fire Co., Inc., 1 George Nablo Pkwy., Derby, NY 17
Lake Erie Beach Fire Hall, Main Hall, 9483 Lake Shore Road, Angola, NY AND BE IT
FURTHER Meeting
#7 April 7,
2004 page 96 RESOLVED:
that the Town of Evans does hereby petition the Erie County Board of
Elections to waive the requirements of accessibility of Polling
Locations that are inaccessible at this time, AND BE IT
FURTHER RESOLVED:
that the Town Clerk forward a copy of this resolution to the Erie
County Board of Elections along with the proper paperwork. Carried.
RESOLUTION 169 Award bid for (1) new & unused 4-door sedan police
vehicle
Councilman Erickson moved and Councilman Govenettio seconded, WHEREAS:
a bid opening was held on March 29, 2004, at the Evans Town Hall for
the purchase of one (1) new and unused full size 4-door sedan for the
Evans Police Department; THEREFORE
BE IT RESOLVED:
that the Town of Evans hereby awards the bid for the purchase of one
(1) model year 2004 Crown Victoria vehicle to the sole bidder McCarthy
Ford, 900 Maple Road, Elma, NY 14059, for the bid amount of $19,855.00. VOTE
RESULT: Councilman Erickson aye
Councilman Govenettio aye
Councilman Csati aye
Councilman Bartus aye
Supervisor Catalino aye At this
time 8:00pm a public hearing is scheduled as duly advertised in
the Town Crier, official newspaper of the Town of Evans regarding
Proposed Local Law #2 of the year 2004 to consider the rezoning of 7030
Erie Road being part of SBL#206.00-3-39.12 from MFR-4 to GB by
petitioner Claddagh Commission Inc. There
being no one wishing to speak, the public hearing was closed at 8:02pm.
RESOLUTION 170 Adopt PLL #2 of the year 2004 as LL #1 (rezoning of a
portion of 7030 Erie Road)
Councilman Erickson moved and Councilman Govenettio seconded, Meeting
#7 April 7,
2004 page 97 WHEREAS:
Claddagh Commission, Inc. has requested a rezoning for the purpose
of constructing a 4,000 square foot eight-bedroom, total care residence,
located at 7030 Erie Rd., Derby, NY, known as part of SBL#206.00-3-39.12,
and WHEREAS:
the Town Board of the Town of Evans has held a public hearing for
consideration of the rezoning of a 4.9+/- acre parcel zoned General
Business (GB) and Multi-Family Residential 4(MFR-4) to extend the GB
portion .5+/- acres, and WHEREAS:
the Town of Evans Planning Board has unanimously voted to recommend
the rezoning of said property based on the following reasons. "The
project appears to be consistent with the Town of Evans Comprehensive
Plan. "The
project will provide a benefit to the surrounding community, "The
project is not expected to result in any undo traffic impacts, adverse
impacts to natural resources or adverse changes to the character
of the surrounding community, and WHEREAS:
the Town of Evans Planning Board has unanimously voted to recommend
the following conditions be placed on the approval of this application: 1. The
use of the proposed structure be restricted to Claddagh clientele only,
and not offered for commercial use. 2. The
validity of this rezone action be subject to future site plan approval
by the Planning Board for the proposed project, and WHEREAS:
the SEQR negative declaration issued on March 2, 2000, is still
sufficient and valid for this project NOW
THEREFORE BE IT RESOLVED:
that Proposed Local Law #2 of the year 2004 regarding the above
rezoning of part of SBL#206.00-3-39.12 be adopted as Local Law #1 of the
year 2004, and BE IT
FURTHER RESOLVED:
that the rezoning be subject to the two above-referenced conditions,
as recommended by the Planning Board, and BE IT
FURTHER Meeting
#7 April 7,
2004 page 98 RESOLVED:
that a copy of this resolution be given to the Planning Office the
Assessor=s
Office and the Building Department. Carried.
RESOLUTION 171 Award bid for (3) new & unused 4-door sedan police
vehicles
Councilman Govenettio moved and Councilman Bartus seconded, WHEREAS:
a bid opening was held on March 29, 2004, at the Evans Town Hall for
the purchase of three (3) new and unused full size 4-door sedan for the
Evans Police Department THEREFORE
BE IT RESOLVED:
that the Town of Evans hereby awards the bid for the purchase of
three (3) model year 2004 Crown Victoria vehicles to the sole bidder
McCarthy Ford, 900 Maple Road, Elma, NY 14059, for the bid amount of
$59,400.00. VOTE
RESULT: Councilman Govenettio aye
Councilman Bartus aye
Councilman Erickson aye
Councilman Csati aye
Supervisor Catalino aye
RESOLUTION 172 Appt of members of Conservation Advisory Commission
Councilman Erickson moved and Councilman Govenettio seconded, RESOLVED:
that the Evans Town Board hereby appoints Evan Krug, 8116 Versailles
Rd., Angola, NY and Christopher Sciarrino of 13 Allen Street, Angola, NY
to the Evans Conservation Advisory Commission. Carried.
RESOLUTION 173 Appt of Lifeguard Supervisor & Assistant Lifeguard
Supervisor
Councilman Csati moved and Councilman Bartus seconded, RESOLVED:
that Lance Harrison of 9640 Ellicott, Angola be appointed to the
position of Lifeguard Supervisor; to be paid $11.00 per hour. Meeting
#7 April 7,
2004 page 99 RESOLVED:
that Michael Michalowski of 9447 Lafayette, Angola be appointed to
the position of Assistant Lifeguard Supervisor; to be paid $9.00 per
hour. VOTE
RESULT: Councilman Csati aye
Councilman Bartus aye
Councilman Govenettio aye
Councilman Erickson aye
Supervisor Catalino aye
RESOLUTION 174 Appt of Laborer/Gateguard/Nightwatchmen
Councilman Bartus moved and Councilman Govenettio seconded, RESOLVED:
that the following individuals be appointed to the position of
laborer/gateguard/nightwatchman; to be paid the designated rate of pay;
to be called as needed: Michael
Krajacic, 28 John R Drive, Angola $6.00/hour Karin
Corbin, 1711Sturgeon Point Road, Angola $5.50/hour Brian
Wypij, 1215 Eden Evans Ctr., Angola $5.50/hour Martin
Burke, 6477 N Main St., Angola $5.50/hour Thomas
Cooper, 64 Lake St., Angola $5.50/hour Ryan
Held, 7933 Lake Shore Road, Angola $5.50/hour Shane
Standart, 8686 N Main St., Angola $5.50/hour Joseph
Standart, 8686 N Main St., Angola $5.50/hour VOTE
RESULT: Councilman Csati aye
Councilman Govenettio aye
Councilman Erickson aye
Councilman Csati aye
Supervisor Catalino aye
RESOLUTION 175 Award proposal for marine related business at St Pt
Marina
Councilman Csati moved and Councilman Bartus seconded, WHEREAS:
the Town Board advertised to accept proposals for a marine related
business at Sturgeon Point Marina; and WHEREAS:
there was only one proposal submitted to the Evans Town Board for a
marine related business at the Sturgeon Point Marina; Meeting #7 page 100 BE IT
RESOLVED:
that the Town Board accept the proposal from Wayland Whittinghill,
Great Lake Taxidermy to operate a marine related business at Sturgeon
Point Marina on a month to month basis at the proposed amount of $100.00
per month. VOTE
RESULT: Councilman Csati aye Councilman
Bartus aye Councilman
Govenettio aye Councilman
Erickson aye Supervisor
Catalino aye
RESOLUTION 176 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 602-761 56,586.90 PART
TOWN 602-761 17,697.75
HIGHWAY 602-761 23,185.01
WATER 602-761 90,251.68 CAPITAL
PROJECTS 602-761 713.72 SPECIAL
DISTRICTS 602-761 260,552.22 VOTE
RESULT: Councilman Csati aye Councilman
Govenettio aye Councilman
Bartus aye Councilman
Erickson aye Supervisor
Catalino aye
RESOLUTION 177 Adjournment Supervisor
Catalino moved and Councilman Govenettio seconded to adjourn to Wednesday,
April 21, 2004 at 7:30pm. Carried.
Respectfully submitted, Carol A.
Meissner Town Clerk |