Meeting #20

November 17">

Meeting #20

November 17, 2004

page 214

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, November 17, 2004 at 7:30pm there were:

 

PRESENT Karen E. Erickson Councilman
  Thomas A. Csati Councilman

 

Joseph F. Govenettio Councilman
  Kathleen A. Bartus Councilman
  Robert R. Catalino, II Supervisor

ALSO PRESENT

Lynn R. Stoessel  

 

J. Grant Zajas   

Town Clerk


 

RESOLUTION 385 Approve minutes                     

 

Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of November 3, 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.

 

Anthony Kuras, 6676 Revere Drive commented that the loudness of the neighbor=s live band is still too loud even though it is below the maximum decibel level and asked if a live band permit was required.

Chuck Militello, 6840 Prescott thanked the Town Board for contacting the NYS Dept. of Transportation as they have repaired Route 5 near Wisconsin Road.

-questioned if the Town=s Department Heads are going to be attending Town Board meetings and presenting their department=s reports

-questioned if the Town would have sign in sheets for people attending Town Board meetings

-presented the Town Board with a copy of a survey that the Town of Eden conducted and suggested if the Town of Evans could also conduct a survey similar (Addendum A)

-questioned if the Town Board followed by-laws and how he could get a copy of them

-questioned if there was going to be an increase in boat slip fees as there is an increase in the estimated revenues on page 1 of the budget
 

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-questioned if there was still a waiting list for slips at the Sturgeon Point Marina

-feels that people are going to be discouraged from coming into Evans because of Route 5 in Hamburg so why the increase in fees

-asked for an explanation for the decrease of $15,000.00 in interest and earnings in the budget

-He is looking for people who might be interested in joining a new committee to help Evangola State Park.  There is a meeting tomorrow night at 7:00pm at the park.

-He feels that Hamburg is getting all of the state funding and that there is nothing left for Evans.

 

At this time 7:50pm a public hearing is scheduled as duly advertised in the Town Crier to consider the issuance of Special Use Permit for the purpose of the operation of storing and dispatching trucks which may be permitted at 8563 Erie Road (a.k.a. NYS Route 5), Angola, New York SBL#235.06-1-13.

 

Sean Hopkins, attorney representing the Laskowski=s presented a brief overview stating that they would conduct limited business operations in the garage and the  heavy duty repairs will be done off-site.  Accessory and limited activities would take place inside the garage.  They are seeking to rezone only 1.44 acres of the 9 acres site.  A survey has been completed and the trucks will be stored furthest away from the Pinto property.  He requested copies of the letters of denial that the Pinto=s received from the bank for the mortgage because of the berm.

 

Chris Trapp, attorney representing the Pinto=s questioned if the special use permit was for the entire property in the 1.44 acres or just the building.  Questioned if the zoning to MS was just for the rezoning of the 1.44 acres or just the front portion.

 

Paul Pinto, 17 Lerczak commented that he received 19 letters in opposition to the special use permit based on the special use permit application dated October 25th.

-requested that the 1.44 acres be surveyed

-stated that the bank will not give them a mortgage with only a 3 foot berm

 

Sam Pinto, 970 Beach Road questioned when is the meeting going to be held with the Town Board regarding this matter.

 

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

 

Supervisor Catalino reopened the privilege of the floor.

 

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Robert Palmer, 1780 Eden Evans Center Road commented that since the last Town Board meeting he has not been contacted by Adelphia regarding cable on his street.

-he also agrees with Chuck Militello about a sign in sheet and having Department Heads present at Town Board meetings to present their reports and take questions.

 

Councilman Csati presented a Highway and Parks Department report.

 

Councilman Bartus reported that HEAP will be at the Eden Town Hall on January 10, 2005.

-There was a meeting on November 10, 2004 with the Greater Buffalo Niagara Regional Transportation Council regarding the re-location of the toll barriers.

-Tax Office is collecting donations for holiday packages for local military personnel

-the garbage and recycling schedule will be one day late next week for the Thanksgiving holiday and normal schedule for Christmas Week and New Years Week.

-Happy Thanksgiving

 

Councilman Govenettio presented the following reports:

-Water Department

-read a letter of commendation for Dispatcher Garrigan

-Police Department

-Thanked E. D. Specialities from North Carolina for the donation of the bleachers for the skatepark.

-Happy Thanksgiving

 

Councilman Erickson presented the following reports:

-Senior Center trip schedule is as follows:

-November 22 - Casino

-November 23 - Thanksgiving Lunch

-November 25-25 - closed

-December 1 - Christmas Trip

-January 10, 2005 - Lifeline screening

-HEAP will be at Eden Town Hall on January 10, 2005

-Thruway EZ Pass & Toll Booth updates

-meeting at Jeanne Chase=s office about New York State and medicaid reform and she is looking for people to help with a writing campaign

-Electronics recycling drop-off December 11, 2004 from 9-2 at ECC North campus

-request to suspend the rules for the consideration of a resolution in support of our libraries


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RESOLUTION 401 Committee and Department Head reports

 

Supervisor Catalino moved and Councilman Erickson seconded to accept as presented the reports of the committee and Town Officials as follows:

 

Diana Cafferty, Receiver of Taxes and Assessments:

October Water             $99,492.62

October Duplicate bills             $178.00

October interest                        $53.60

 

VOTE RESULT:                      Supervisor Catalino      aye

Councilman Erickson    aye

Councilman Bartus        aye

Councilman Govenettio aye

Councilman Csati          aye

 

RESOLUTION 402   PLL #1 of the 2004 (rezoning of 8563 Erie Road from R-1 to MS or GB), White minor subdivision and the renewal of franchise agreement with Parnassos L.P. D/B/A Adelphia Cable

 

Supervisor Catalino moved and Councilman Erickson seconded that Proposed Local Law #1 of the year 2004 (rezoning of 8563 Erie Road from R-1 to MS or GB), the White minor subdivision and the renewal of the franchise agreement with Parnassos remain under old business on the agenda.

Carried.

 

RESOLUTION 403 Angola Fire Protection Budget

 

Supervisor Catalino moved and Councilman Erickson seconded,

 

RESOLVED:   that the Angola Fire Protection Budget be adopted as previously reviewed at the schedule public hearing on November 3, 2004 for said fire districts upcoming fiscal year.

 

VOTE RESULT:                      Supervisor Catalino      aye

Councilman Erickson    aye

Councilman Bartus        aye

Councilman Govenettio aye

Councilman Csati          aye

 

RESOLUTION 404  Preliminary Budget for 2005


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Supervisor Catalino moved and Councilman Bartus seconded,

 

WHEREAS:     the Town Board of the Town of Evans has met and considered the Preliminary Budget for the fiscal year beginning January 1, 2005 and conducted a public hearing on November 3, 2004 in accordance with Article 8, Section 108 of Town Law, and

 

WHEREAS:     the office of the New York State Comptroller and the Town=s independent auditors have recommended theat the Town adopt the legal budget at the personal services, equipment/capital outlay, contractual expenses, object level

 

THEREFORE BE IT

 

RESOLVED:   that the object totals in the Preliminary Budget hereinafter set forth, as amended, are hereby adopted as the annual budget of the Town of Evans for the fiscal year beginning January 1, 2005 and that the same shall be entered in the minutes of the Town Board (Addendum B)

 

VOTE RESULT:                      Supervisor Catalino      aye

Councilman Bartus        aye

Councilman Erickson    aye

Councilman Govenettio aye

Councilman Csati          aye

 

RESOLUTION 405 Appt of part time clerk

 

Supervisor Catalino moved and Councilman Erickson seconded,

 

RESOLVED:   that Kelly Shanahan of 1 Linden St., Angola be appointed part time clerk to be called as needed at an hourly rate of $8.00.

 

VOTE RESULT:                      Supervisor Catalino      aye

Councilman Erickson    aye

Councilman Bartus        aye

Councilman Govenettio aye

Councilman Csati          aye

 

RESOLUTION 406  Schedule PH for APension Reserve Fund@

 

Councilman Erickson moved and Councilman Bartus seconded,

 

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RESOLVED:   that a public hearing be held on December 15, 2004 at 7:50pm to hear those people desiring to discuss the proposed transfer of reserve funds established pursuant to section 6-c of General Municipal Law to a newly created APension Reserve Fund@ established pursuant to section 6-r of said General Municipal Law

 

BE IT FURTHER

 

RESOLVED:   that the Town Clerk is hereby directed to advertise said Public Hearing in the official newspaper in order to provide at least fifteen days prior published notice in accordance with the aforementioned laws.

Carried.

 

RESOLUTION 407 Suspend the Rules

 

Supervisor Catalino moved and Councilman Csati seconded to suspend the rules of order for the conduct of business of Evans Town Board meetings for the purpose of considering a resolution in support of our libraries.

 

VOTE RESULT:                      Supervisor Catalino      aye

Councilman Csati          aye

Councilman Bartus        aye

Councilman Govenettio aye

Councilman Erickson    aye

 

RESOLUTION 408 Support for our Libraries

 

Councilman Erickson moved and Councilman Csati seconded,

 

RESOLVED:   that the Town Board of the Town of Evans does hereby approve the following Opposition to the Reduction or Closing of our Libraries resolution:

 

WHEREAS:     the Buffalo and Erie County Public library is a public trust, and for nearly 170 years the people of our community have invested in their libraries, and those libraries have returned that investment many times over in resources, services and improved quality of life, and

 

WHEREAS:     unprecedented Erie County cuts would devastate our library system with the proposed $18 million or 75% reduction in the library=s operating budget , and

 

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WHEREAS:     as 52 libraries across Erie County, including our Village branch, would be affected with severe cutback in hours and service or complete shutdowns, and

 

WHEREAS:     circulation reached record-breaking highs in the year 2003 and trends continue in 2004, and

 

WHEREAS:     library services are essential to communities for everyone from pre-schoolers to the elderly, and

 

WHEREAS:     the number of Erie County residents who use their library on a regular basis would fill every seat of HSBC Arena 18 times over, which shows how important our libraries are

 

NOW THEREFORE BE IT

 

RESOLVED:   that copies of this resolution be forwarded to Erie County Executive Joel A. Giambra, Erie County Legislator Jeanne Z. Chase, NYS Senators Dale M. Volker, Mary Lou Rath, William T Stachowski, Bryan Brown and NYS Assemblymen Paul Tokasz, Robin Schimminger, Sandra Lee Wirth, Sam Hoyt,  Richard A. Smith, Brian M. Higgins and Crystal E. Peoples asking them to affirm the urgency of the matter as stated in this resolution calling for support of our libraries.

Carried.

RESOLUTION 409 Audit of Bills

 

Councilman Csati moved and Councilman Govenettio seconded that all properly audited bills be paid out of their respective funds under abstract of claims as of this date as follows:

 

GENERAL                              2373-2601       58,428.32

PART TOWN                         2373-2601       14,772.30

HIGHWAY DA                       2373-2601       5,416.00

HIGHWAY                             2373-2601       31,398.82

WATER                                   2373-2601       71,778.64

CAPITAL PROJECTS            2373-2601       2,184.00

SPECIAL DISTRICTS            2373-2601       65,282.36

 

VOTE RESULT:                      Councilman Csati          aye

Councilman Govenettio aye

Councilman Bartus        aye

Councilman Erickson    aye

Supervisor Catalino      aye


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November 17, 2004

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RESOLUTION 410 Adjournment

 

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to tonight=s meeting until the next regular scheduled date of Wednesday, December 1, 2004 at 7:30pm.

Carried.

 

Respectfully submitted,

 

  

 

Lynn R. Stoessel

Deputy Town Clerk

 

 

 

 

Carol A. Meissner

Town Clerk