Meeting #11 - 8/4/2004

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, August 4, 2004 at 7:30pm there were:

RESOLUTION 288 Approve minutes

Councilman Bartus moved and Councilman Erickson seconded that the reading of the minutes of the meeting of July 7, 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.

George Antholzner, 601 Sandy Ave, is requesting the county to mow weeds along Lakeshore Road being concern about the environment. He also would like the junk vehicles taken care of in the grove and at Beach Road and Route 5. There are Fire Lane signs missing in the grove that should be replaced.

Robert Palmer, 1780 Eden Evans Center Road questioned the status of moving the toll booths on the Thruway and placing one toll booth in the Town of Evans.

RESOLUTION 289 Seymour Terrace Homeowners Association requesting the relocation of dumpsters for 2 area businesses

Supervisor Catalino moved and Councilman Csati seconded to receive and file the communication from the Seymour Terrace Homeowners Association regarding the paper road adjacent to the Velocity Grill Bar & Grill across from Seymour Terrace and two dumpsters used by two businesses as Councilman Csati is working on this matter.

Carried.

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August 4, 2004

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RESOLUTION 290 Sandra Brant, Minor Subdivision Review Committee RE: Gastle minor subdivision SBL#205.00-1-37.1

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: in a letter dated July 23, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the James Gastle 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 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 James Gastle minor subdivision (Addendum A SEQRA short environmental assessment form),

a division of SBL#205.00-1-37.1, dividing an 11.78+/- acre parcel to create:

1. a 2.76+/- acre parcel with 200 +/- feet of frontage on Lake Shore Road, and

2. A 9.02+/- acre parcel with629+/- feet of frontage on Lake Shore Road

PETITIONER: James Gastle, 6573 Rice Rd., Boston, NY 14025

AND BE IT FURTHER

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

Carried.

RESOLUTION 291 Approve Gastle minor subdivision

Councilman Erickson moved and Councilman Bartus 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.

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August 4, 2004

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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 James Gastle Minor Subdivision, dividing a 11.78+/- acre parcel known as SBL#205.00-1-37.1 to create:

1. a 2.76+/- acre parcel with 200 +/- feet of frontage on Lake Shore Road, and

2. A 9.02+/- acre parcel with629+/- feet of frontage on Lake Shore Road

PETITIONER: James Gastle, 6573 Rice Rd., Boston, NY 14025

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 292 Ed Michalski, Highway Superintendent RE: request to attend Highways Annual Conference in Alexandria, NY from September 21-24, 2004

Supervisor Catalino moved and Councilman Erickson seconded to approve the request of Edward J. Michalski, Superintendent of Highways to attend the annual Town Superintendents of Highways Conference in Alexandria from September 21-24, 2004 with all actual and necessary expenses to be a town charge in accordance with the guidelines set forth by the town regarding training and travel expense.

Carried.

RESOLUTION 293 Maureen Krause RE: request assistance with the repair/maintenance of Ivy Lane.

Supervisor Catalino moved and Councilman Erickson seconded to receive and file the communication from Maureen Krause regarding assistance with the repair and/or maintenance of Ivy Lane as Councilman Erickson is working on the matter.

Carried.

Town Attorney Zajas is requesting the Town Board to suspend the rules of order governing Town Board meetings for the purpose of enacting a resolution for the Town to act as Lead Agent for SEQRA on a minor subdivision that has been pending.

-Requesting an Executive Session to discuss a matter of anticipated or pending litigation.

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Councilman Bartus presented the following reports:

-National Night Out on August 3, 2004 was very successful.

-Thank you to the Evans Police Association for their participation in the National Night Out.

-Fred Carstens Jr., has been serving as an intern all summer and has worked on the Bike Path grant and research for the YES program.

Councilman Erickson presented the following reports:

-Congratulated Kathy Bartus, Denise DeJohn and Hope Thompson, CAO Supervisor for all their work on the National Night Out

-Read a letter from Business First naming Lori Szewczyk, Community Development Coordinator for the Town of Evans on being names one of forty under forty honorees of 2004 as one of Western New York=s outstanding young leaders.

-Route 5 Calming study and what a detriment it will be to our community.

Supervisor Catalino presented the following reports:

-Thanked everyone involved in the ninth Taste of Evans. In 2005 the Taste of Evans will be on July 24^th. The next meeting for the Town of Evans will be held on September 30, 2004.

-Tonight=s meeting will be adjourned in memory of Charles Smaldino, Gary Forti and William Launder.

RESOLUTION 294 Town Officials reports

Supervisor Catalino moved and Councilman Govenettio seconded to accept the Committee and Department Head reports as follows:

Carol A. Meissner, Town Clerk

July Monthly $10,274.70

July petty cash $-0-

Diana Cafferty, Rec. of Taxes & Assessments:

2004 County & Town tax penalties $37,546.55

Interest Jan-June 2004 $1,436.37

VOTE RESULT: Supervisor Catalino aye

Councilman Govenettio aye

Councilman Csati aye

Councilman Bartus aye

Councilman Erickson aye

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August 4, 2004

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RESOLUTION 295 PLL #3 of 2003 (Recreation & Greenspace fees)

Supervisor Catalino moved and Councilman Erickson seconded,

RESOLVED: that Proposed Local Law #3 of the year 2003 as set forth in Exhibit 1, attached hereto and made a part hereof, as so originally proposed is hereby amended as set forth in Exhibit 2, attached hereto and made a part hereof, and

BE IT FURTHER

RESOLVED: that the same, as so amended, is hereby adopted as Local Law #5 of the year 2004. (See Addendum B)

Carried.

RESOLUTION 296 Establishment of Recreation/Greenspace fees

Supervisor Catalino moved and Councilman Erickson seconded,

RESOLVED: that, except in cases where a recreation/greenspace fee has previously been assessed and received by the Town pursuant to the provisions of '178-21, C., (1) or (2), the recreation/greenspace fee referenced in '178-21, C., (3), relative new construction, shall be, and hereby is, established for residential construction at $700.00 per dwelling unit, which fee shall be paid at the time of the issuance of any building permit required or established for such construction.

AND BE IT FURTHER

RESOLVED: that all fees heretofore charges, collected and/or established are hereby ratified and confirmed.

VOTE RESULT: Supervisor Catalino aye

Councilman Erickson aye

Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

At this time 7:50pm a public hearing has been scheduled as duly advertised in the Town Crier, official newspaper of the Town of Evans to receive input on a major subdivision for a six (6) lost subdivision located on Lake Street between Erie Road (a.k.a. NYS Route

Meeting #13

August 4, 2004

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#5) and Joyce Lane, Angola, New York being SBL#235.00-2-16 by petitioner Ralph S. Hogg and Dean S. Hogg, 8930 Erie Road, Angola, New York 14006.

There being no one wishing to speak, the public hearing was closed at 8:53pm.

RESOLUTION 297 Negative SEQRA declaration for Hogg major subdivision

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: in a letter dated July 19, 2004, the Town of Evans Planning Board has recommended a negative declaration regarding the SEQRA process for the Ralph S. and Dean S. Hogg Major Subdivision, and

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

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans adopts the findings of the Town of Evans Planning Board and issues a SEQRA negative declaration for the Ralph S. and Dean S. Hogg Major Subdivision. (Addendum C SEQRA Short Environmental Assessment Form),

a division of SBL#235.00-2-16, dividing a 9.79+/- acre parcel to create:

1. A 7.97+/- acre parcel with 101.25+/- feet of frontage on Lake St.,

2. Two .45+/- acre parcels with 101.25+/- feet of frontage on Lake St., and

3. Three .45+/- acre parcels with 98.75feet of frontage on Lake St.

Petitioners: Ralph S. and Dean S. Hogg, 8930 Erie Rd., Angola, NY 14006

AND BE IT FURTHER

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

Carried.

RESOLUTION 298 Approve Preliminary Plat for Hogg major subdivision

Councilman Erickson moved and Councilman Csati seconded,

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August 4, 2004

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WHEREAS: in a letter dated July 19, 2004, the Town of Evans Planning Board has completed a review and recommended preliminary plat approval for the Ralph S. and Dean S. Hogg major subdivision for the following reasons.

-The project appears to meet all the zoning and subdivision requirements of the Town.

-The project appears to be compatible with the surrounding area and will be a benefit to the community, and

WHEREAS: the Planning Board has also recommended that the following conditions be placed on this approval.

1. In the event the rear portion of proposed sublot 6 is purchased by St. Paul=s Church through the Episcopal Diocese of Buffalo, sublot 6 would then comprise an approximate parcel measuring 101 feet by 200 feet, consistent with the adjoining lots 4 and 5 as noted on the subdivision preliminary plat.

2. All paving, utilities, landscaping, lighting and other improvements shall be undertaken in accordance with Town requirements and the requirements of Erie County.

3. This project and subdivision shall remain subject to final plat approval by the Evans Town Board.

WHEREAS: the Evans Town Board, as Lead Agent, issued a SEQRA negative declaration for this action.

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans hereby adopts the findings of the Town of Evans Planning Board and approves preliminary plat for the Ralph S. and Dean S. Hogg major subdivision, dividing a 9.79+/- acre parcel known as SBL#235.00-2-16 to create:

1. A 7.97+/- acre parcel with 101.25+/- feet of frontage on Lake St.,

2. Two .45+/- acre parcels with 101.25+/- feet of frontage on Lake St., and

3. Three .45+/- acre parcels with 98.75feet of frontage on Lake St.

Petitioners: Ralph S. and Dean S. Hogg, 8930 Erie Rd., Angola, NY 14006

AND BE IT FURTHER

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August 4, 2004

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RESOLVED: that the 3 said conditions recommended by the Planning Board be placed upon this approval, 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 299 PLL #1 of 2004 (rezoning of 8563 Erie Road, Angola from R-1 to GB or MS)

Supervisor Catalino moved and Councilman Erickson seconded that Proposed Local Law #1 of the year 2004 rezoning of 8563 Erie Road, Angola, New York 14006 from R-1 to GB or MS remain under old business on the agenda.

Carried.

RESOLUTION 300 PLL #4 (speed limit on Sturgeon Point Road)

Supervisor Catalino moved and Councilman Erickson seconded,

RESOLVED: that Proposed Local Law #4 pf the year 2004 be and the same hereby adopted as Local Law #6 of the year 2004 regarding the speed limit on 40 m.p.h. on Sturgeon Point Road from Old Lake Shore Road to Route 20.

Carried.

RESOLUTION 301 Appt of laborer/gateguard/nightwatchman

Councilman Csati moved and Councilman Erickson seconded,

RESOLVED: that Donald Schiedel of 976 Meier Rd., Derby and Tom Farley of 9878 Shorecliff, Angola be appointed to the position of laborer/gateguard/nightwatchman to be paid $6.00 per hour and further that Dick Inglut of North Main Street, Angola, to be paid &.00 per hour to be called as needed.

VOTE RESULT: Councilman Csati aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Supervisor Catalino aye

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August 4, 2004

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RESOLUTION 302 Appt of part time clerk

Councilman Bartus moved and Councilman Erickson seconded,

RESOLVED: that Kristen Giancarlo of 106 S. Main St., Angola be appointed part time clerk to be called as needed at an hourly rate of $6.75.

VOTE RESULT: Councilman Bartus aye

Councilman Erickson aye

Councilman Govenettio aye

Councilman Csati aye

Supervisor Catalino aye

RESOLUTION 303 Water bill adjustment

Councilman Govenettio moved and Councilman Bartus seconded,

RESOLVED: that an adjustment be made to the following account because of a water problem.

Jonathan Berube, 905 Sturgeon Point

Account # 01100510

Adjustment $685.11

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Csati aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 304 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

Linda Sears and Tanya Castronova, 9204 Mohawk Rd., Angola

Account #02041180

Adjustment : $1,200.00

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August 4, 2004

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VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Councilman Csati aye

Supervisor Catalino aye

At this time 8:00pm a public hearing has been scheduled as duly advertised in the Town Crier, official newspaper of the Town of Evans to consider the adoption of Proposed Local Law #7 of the year 2004 which will amend Local Law #1 of the year 1993 commonly known as the Vehicle and Traffic Law and any amendments thereto Town Code, Chapter 193, Article II, Section 193-5 and Chapter 193, Article VIII, Section 193-35 Schedule II, Speed Limits to lower the speed limit on Versailles Plank Road from Sturgeon Point Road to Route 20 to 40 m.p.h.

There being no one wishing to speak the public hearing was closed at 8:03pm.

RESOLUTION 305 Adopt PLL #7 as LL #7

Supervisor Catalino moved and Councilman Govenettio seconded,

RESOLVED: that Proposed Local Law #7 of the year 2004 which changes the speed limit on Versailles Plank Road from Sturgeon Point Road to Route 20 to 40 m.p.h.

Carried.

RESOLUTION 306 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 1443-1627 87,602.86

PART TOWN 1443-1627 41,943.96

HIGHWAY 1443-1627 36,194.95

WATER 1443-1627 95,906.95

CAPITAL PROJECTS 1443-1627 37,644.61

SPECIAL DISTRICTS 1443-1627 74,313.47

VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Supervisor Catalino aye

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August 4, 2004

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RESOLUTION 307 Suspend the rules

Supervisor Catalino moved and Councilman Bartus seconded that the rules of order for the conduct of meetings of the Evans Town Board be suspended for the purpose of taking action on a resolution declaring the Town of Evans as Lead Agent for SEQR review for the Jeff White minor sub-division.

VOTE RESULT: Supervisor Catalino aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati aye

Councilman Erickson aye

RESOLUTION 308 Declaration of Lead Agent for White minor subdivision

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: the Town received an application for a 2-lot minor subdivision from Jeff White, petitioner, on April 20, 2004, which was forwarded to the Minor Subdivision Review Committee; and

WHEREAS: this application was referred to the Evans Planning Board on June 2, 2004, for further review and scrutnity; and

WHEREAS: the Evans Planning Board initiated their review of the application at their meeting on June 30, 2004, at which time they determined this matter to be an Unlisted Action and is recommending a coordinated review, pursuant to 6 NYCRR, Part 617 of the SEQR implementing regulations due to various environmental concerns; and

WHEREAS: the Town wishes to declare itself as Lead Agent and conduct any required SEQR review;

NOW THEREFORE BE IT

RESOLVED: that the Town Board declares itself Lead Agent for such coordinated SEQR review or such SEQR review as may be required; and

BE IT FURTHER

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August 4, 2004

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RESOLVED: that Sandra L. Brant, Planning Board Chairwoman, be designated as the contact person and be authorized to coordinate the required mailings and notifications; and

BE IT FURTHER

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

Carried.

At this time 8:10pm a public hearing has been scheduled as duly advertised in the Town Crier, official newspaper of the Town of Evans to consider the adoption of Proposed Local Law #8 of the year 2004 which will amend Local Law #1 of the year 1993 commonly known as the Vehicles and Traffic Law and any amendments thereto Town Code, Chapter 193, Article II, Section 193-5 and Chapter 193, Article VIII Section 193-35 Schedule II: Speed Limits to lower the speed limit on Delamater Road from Old Lake Shore Road to Eden Evans Center Road to 40 m.p.h.

The following people spoke in favor of the Proposed Local Law:

Richard Fox, Delamater Road

Dan Vucic, Delamater Road

Frank Perkowski, 7630 Delamater Road

Richard Fennel, 8073 Delamater Road

Tom Barney, Delamater Road

There being no one else wishing to speak, the public hearing was closed at 8:15pm.

RESOLUTION 309 Adopt PLL #8 as LL #8

Supervisor Catalino moved and Councilman Erickson seconded,

RESOLVED: that Proposed Local Law #8 of the year 2004 be and the same is hereby adopted as Local Law #8 of the year 2004 to lower the speed limit on Delamater Road from Old Lake Shore Road to Eden Evans Center Road to 40 m.p.h.

Carried.

RESOLUTION 310 Adjournment

Supervisor Catalino moved and Councilman Csati seconded to adjourn in memory of Charlie Smaldino, Gary Forti and William Launder to Executive Session and then to the next regular scheduled Town Board meeting to be held on Wednesday, September 1, 2004 at 7:30pm.