RESOLUTION 104 Approve minutes

 Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of February 2, 2005 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.

Jill Barrett, 334 N. Main St., Angola requests that Jeff White be allowed to build his proposed home.

Bruce Kershner, 353 Fruitwood Terrace, Amherst commented that the White subdivision is not just a local issue and he submitted copies of various articles that have been printed.  He feels there is a serious discrepancy on the applicants request to build as a number of trees would have to be cut down and there is a tree located at the site of the house.  The root system of Hemlock trees go far out from the actual tree site and this is why an environmental impact study needs to be completed.  Some trees have already been cut down in violation of Town ordinance.  The Buffalo Audubon Society requests that the law be enforced.  Eagles use this site as a habitat and because they are a  threatened species an environmental impact statement is necessary.

Robert Barrett, 334 N. Main St., Angola indicated there is no proof of the trees being over 300 years old and eagles do not nest in such a small area.  Sees no problem with Mr. White building after touring the area and viewing  other construction that has occurred and is occurring in the area. 

 

Meeting #4

February 16, 2005

page 54

Wilma Bowman, 606 Pinehart Dr., feels that the county or the town have not been good stewards in protecting the dunes in the Evans area as there has been construction allowed on the dunes.  There are not any eagles nests and he should  be allowed to build.  There should be a compromise  reached where he should be allowed to build and an easement granted for access to the public.

Pat Griffin, 1627 South Creek Road, Derby can not understand what the problem is with Jeff White building a home.  She feels  just because a story leaked to the press that it does not make it valid.  The property was for sale for a year and nothing happened.   The Whites have agreed to protect the trees by building to the far north of the property with out touching the old growth trees  and also offered a conservation easement to Erie County.   She feels Erie County wants to land grab this property to annex it to Bennett Beach and bankrupt the White's as the County is not environmentally concerned but they are financially and morally bankrupt.  Erie County has been a miserable caretaker of Bennett and Wendt Beaches/Parks.

Kirk Madem, 3 Beach Place, Fredonia, lives on the lake and cannot understand what the problem is with the White's building a home on this property.

Caryl Malazo, 1955 Hopkins Road, Getzville, feels that an environmental impact study should be done and tourism should be considered when making this decision.

Charles Militello, 6840 Prescott Dr., commented his survey ended today with 136 participants and 102 were anonymous and 62% were considered about children's recreation.  At the last Town Board meeting he appealed his denial for a freedom of information request dated January 18, 2005 and requested that he would like an answer in writing.

Manny Tarrio, 7302 Beechwood, Derby, member of the Sturgeon Point Advisory Board is concerned about the slip fees at the Sturgeon Point Marina.  He does not feel that the slip fees have been updated in a linear method and it is unfair.

Albert Brown, 12060 Thompson Road, Springville, NY, commented that no environmental group has stated that there is an eagles nest on the White property and environmental impact study would clarify the age of the trees.  He read 178-20(b) of the Evans Town Code - Trees - Preservation of Natural Features and he requests passage of a resolution not allowing any other cutting down of trees until the matter is resolved.  There are fresh cut trees and requests enforcement of the Town Code.

Michael Franey, 9668 Oak Grove Drive, Angola thanked the Town Board and the residents of the Town for their support of the Sturgeon Point Marina and also feels the rates are competitive.

Bill Houston, 11 Glenwood Ave., Angola is aware that Pine Lodge and Bennett Beach have been there for over 90 years as a campground for people in Buffalo who would come for two weeks at a time.  A few years ago the County tore down the Homestead House at Bennett Beach which was a historical building.  The County can not maintain the property they currently own.  He is in favor of the White's building a home on their property.

Meeting #4

February 16, 2005

page 55

Nick Biffert, 6537 Cole Road, Orchard Park, asked if a house is built on the White property what would prevent further building.

Phil Pinto, 720 Sandy Avenue feels it is in the best interest of the Town of Evans to request an EIS study.  He would like to see the dunes saved.

Jack Kuebler, 1318 Peppertree Dr., Derby, stated an EIS was done a long time ago and cannot understand why it is an issue at this point in time.  There are a number of foundations already on the property.  He is in favor of the White's being allowed to build their home.  There is another structure closer to the trees than compared to the proposed site for the White's house.

Brian Smith, 227 Makonkey, Tonawanda representing the Citizens Campaign for the Environment and commented that the White property is unique.  Matters to be addressed in an Environmental Impact are large trees on the lake side of the dune that have fallen, sail surveys have found wetlands in the area in the proposed construction site, has heard no scientific evidence that there is no need or an EIS.

Caryl Youngers, 8706 North Main Street, Angola (see Addendum A)

Jim Heimburg, Buffalo, knows Jeff White.  Mr. Brown feels this is a very unique piece of property when in fact it is not.  It is a piece of private property to build a home.  Look at the facts and let's move on.

Tim Hoelzle, a resident and local building contractor who has built other homes on the same sand dunes and there has not been any adverse effects to the dunes.  The County wants the property to do nothing with it.  He suggests the Town Board members go to the property and look at it.  He would like to see the project proceed.

Mary Ellen Hanna, 9615 Point Breeze Drive questioned the status of the sale of Point Breeze Drive.  She has written a letter to the Town Board and would like to be kept informed.  Lake Erie Beach Park was an attraction to her buying property in the Town of Evans.  She would like to see the park developed further with private grants.

Ray Markiewicz, 9622 Point Breeze Drive, has used Lake Erie Beach Park.  He would like to see this path or road (sale of portion of Point Breeze Drive) taken care of quickly.  It is not a neighbor dispute.  He would like Mr. Maurer and his family to have peace and quiet.

Ellen Gibson, 15 Mayfair Lane, Buffalo, questioned what the procedure is and timetable would be if there is a modification to Mr. White's plan.

Supervisor Catalino announced that Councilman Csati was not feeling well and had to leave the meeting.

 RESOLUTION 105 Sandra Brant, Minor subdivision review committee RE: Paglia minor subdivision

 Councilman Erickson moved and Councilman Govenettio seconded,

 Meeting #4

February 16, 2005

page 56

 WHEREAS:     in a letter dated February 9, 2005, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQR process for the Estate of Anthony Paglia 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 SEQR negative declaration for the Estate of Anthony Paglia minor subdivision (Addendum B SEQR short environmental assessment form),

 a division of SBL#236.00-4-18, dividing a 94.32+/- acre parcel to create:

 1.  A 7.79+/- acre parcel with 200+/- feet of frontage on Gowans Road

2.  A 12.64+/- acre parcel with 324.94+/- feet of frontage on Gowans Road, and

3.  A 73.89+/- acre parcel with 1609.65+/- feet of frontage on Gowans Road

 PETITIONER: Estate of Anthony Paglia, 906 Mayford Dr., Kernersville NC 27284

 AND FURTHER BE IT

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

Carried.

 RESOLUTION 106 Approve Estate of Anthony Paglia 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 SEQR process

NOW THEREFORE BE IT

Meeting #4

February 16, 2005

page 57

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 Estate of Anthony Paglia minor subdivision, dividing a 94.32+/- acre parcel known as SBL# 236.00-4-18 to create:

1.  A 7.79+/- acre parcel with 200+/- feet of frontage on Gowans Road

2.  A 12.64+/- acre parcel with 324.94+/- feet of frontage on Gowans Road, and

3.  A 73.89+/- acre parcel with 1609.65+/- feet of frontage on Gowans Road

PETITIONER: Estate of Anthony Paglia, 906 Mayford Dr., Kernersville NC 27284

AND FURTHER BE IT

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 107  Carol A. Meissner, Town Clerk: RE: request to attend NYS Town Clerk's Conference in Buffalo, NY from April 17 - 20, 2005 & also approve Supervisor's Assistant to attend NYS Association of Towns meeting

Supervisor Catalino moved and Councilman Erickson seconded to approve the request of Carol A. Meissner, Town clerk to attend the New York State Town Clerk's conference in Buffalo, New York from April 17 - 20, 2005 and that all necessary and reasonable expenses incurred be a town charge in accordance with the rules governing travel and education

BE IT FURTHER

RESOLVED:   that Kathleen Karyczak, Assistant to the Supervisor and the Town Board be allowed the same expenses on the Association of Town's trip from February 19 - 23, 2005 and that all necessary and reasonable expenses incurred be a town charge in accordance with the rules governing travel and education.

Carried.

Supervisor Catalino reported that the Town Board is waiting for some information and the Planning Board is waiting to see before granting a positive declaration on Mr. White's property.

 RESOLUTION 108 Committee & Department Head reports

Meeting #4

February 16, 2005

page 58

Supervisor Catalino moved and Councilman Erickson seconded to accept the committee and department head reports as follows:

 Carol A. Meissner, Town Clerk:

            January monthly rpt                   $12,211.52

            Petty Cash                                $-0-

            Games of Chance                      $50.00

 Diana Cafferty, Rec. of Taxes & Assessments:

            January water receipts             $97,042.37

            January duplicate bills & receipts           $102.00

            January interest                         $20.25

 VOTE RESULT:          Supervisor Catalino      aye

Councilman Erickson    aye

Councilman Govenettio aye

Councilman Bartus        aye

RESOLUTION 109   White minor subdivision, PLL #2 of the year 2005 (Zoning & licensing), PLL #3 of the year 2005 (Licensing of animals)

Supervisor Catalino moved and Councilman Erickson seconded that the White minor subdivision, Proposed Local Law #2 of the year 2005 (Zoning/Licensing) and Proposed Local Law #3 of the year 2005 (Licensing of Animals) remain under old business on the agenda.

Carried.

RESOLUTION 110 Code Enforcement Officer to attend annual educational conference

Councilman Bartus moved and Councilman Erickson seconded,

WHEREAS:     the State of New York Code Officials are required to obtain 24 hours of training per year, and

WHEREAS:     the Finger Lakes Building Officials will be holding its 30^th annual Educational Conference in Rochester, New York

NOW THEREFORE BE IT

Meeting #4

February 16, 2005

page 59

RESOLVED:   that Chuck LaBarbera, be authorized to attend the Educational Conference held in Rochester on March 21, 22, 23 and 24, 2005 with all reasonable expenses incurred being a town charge in accordance with the rules and regulations governing travel and education.

Carried.

RESOLUTION 111  File application for NYS Quality Communities Program to obtain financial assistance to help develop, plan and promote our area

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS:     the Town Board of the Town of Evans fully supports initiatives to enhance area wide environmental protection, economic prosperity and community well being; and

WHEREAS:     the communities in Southwestern Erie County realize the need to identify and promote the various resources and assets of the area; and

WHEREAS:     there is currently no plans or initiatives to attract visitors and/or tourists to our communities as a coalition of municipalities with a common plan; and

 WHEREAS:     the Towns of Evans, Brant, Eden and North Collins as well as the Villages of Angola, North Collins and Farnham have expressed a willingness to promote tourism to enhance the environment, economic prosperity and community well being of these municipalities,          

 NOW THEREFORE BE IT

RESOLVED:   that Robert R. Catalino II, Supervisor of the Town of Evans is hereby authorized and directed to support an application filed by the Town of Evans on our behalf to the New York State Quality Communities Program to obtain financial assistance to develop a plan and implementation strategy which will enhance the environment, economic prosperity and community well being of the Town of Evans and upon approval of said grant request, will enter into an agreement with New York State as well as the collaborating communities to develop said plans for identifying and promoting the assets of our region; and

BE IT FURTHER

 

Meeting #4

February 16, 2005

page 60 

RESOLVED:   that this Town Board endorses the commitment of the communities identified in this resolution to continue to meet on a regular basis for the purpose of discussing other ways that we can work together for the betterment of our shared region.

Carried.

RESOLUTION 112   Advertise for proposal for restaurant concession at Sturgeon Point Marina

Councilman Bartus moved and Councilman Govenettio seconded,

RESOLVED:   that the Town Board of the Town of Evans hereby authorize the Town Clerk to advertise for proposals for a restaurant concession at Sturgeon Point Marina.  Said proposals to be opened on Wednesday, March 2^nd at 10:00am.

Carried.

RESOLUTION 113  Amend Res #45 & #46 of the year 2005

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS:     several persons were appointed to Advisory Board positions at the Organizational Meeting on January 5, 2005 who no longer serve on those Boards;

 BE IT  RESOLVED:   that Resolution #45 be amended to remove the names of Jack Lerczak and Kerri Gallo from Sturgeon Point Advisory Board roster and;

 BE IT RESOLVED:   that Resolution #46 be amended to remove the names of Michael Stockman and Rita Nelson from the Recreation Advisory Board roster.

Carried.

RESOLUTION 114   Sign agreement with Penflex, Inc.

 Councilman Bartus moved and Councilman Govenettio seconded,

Meeting #4

February 16, 2005

page 61

RESOLVED:   that Penflex, Inc. is hereby retained to provide the Town of Evans with administrative services for the Evans Center and Lake Erie Beach Volunteer Fire Companies= Service Award Program for the years ending 2001, 2002, 2003, 2004 and 2005.  Fees pursuant to the Standard Services Fee Schedule and acceptance of the Optional Services as detailed in the attached agreement.  The Supervisor is hereby authorized to sign agreement once approved by the Director of Finance and the Town Attorney.  (See Addendum C)

Carried.

RESOLUTION 115  Authorize Wendel Duchscherer to complete  additional study for proposed Sturgeon Point Bluffs Park project

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS:     Due to a SHPO review of the proposed Sturgeon Point Bluffs Park archeological study, the Town of Evans is required to expand the scope of the area to be surveyed. 

THEREFORE BE IT

RESOLVED:   the proposed scope change is hereby authorized for $20,423, and,

 BE IT FURTHER

RESOLVED:   that Wendel Duchscherer is hereby authorized to complete the additional study as recommended by SHPO and the Supervisor is so authorized to sign the necessary documents.

VOTE RESULT:          Councilman Erickson    aye

Councilman Bartus        aye

Councilman Govenettio aye

Supervisor Catalino      aye

 RESOLUTION 116 Town Licenses

Supervisor Catalino moved and Councilman Erickson seconded that the following town licenses applied for be granted contingent upon approval of the Chief of Police and Department of Health: