EVANS TOWN BOARD MEETING MINUTES - 3-16-2005
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Meeting #6
March 16, 2005
page 70

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, March 16, 2005 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 Deputy Town Clerk
 

J. Grant Zajas   

Town Attorney

 
RESOLUTION 134 Approve minutes

Supervisor Catalino moved and Councilman Bartus seconded that the reading of the minutes of the meeting of March 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.

Charles Militello, 6840 Prescott questioned a number of line items in the budget and also commented that the State is pushing the snow from Rt. 5 onto the gas island at his gas station.  He presented a picture of another area to the Town Board and stated that he hoped that the entrance to the Town of Evans would never look like it.

Mary Ellen Hanna, 9615 Point Breeze Drive welcomes the opportunity to speak to Councilman Csati at Monday=s Friends of Evans meeting regarding Lake Erie Beach Park and Point Breeze Drive.  Questioned if the Town of Evans has scheduled the survey yet and that the Friends of Evans be notified.  Questioned if the depersonalization of Lake Erie Beach Park has been scheduled and if this matter is on target for having it resolved by May 30th.

RESOLUTION 135 Edward Schneider II RE: Point Breeze Drive

Supervisor Catalino moved and Councilman Bartus seconded to receive, file and refer the communication from Edward Schneider, II regarding Point Breeze Drive to Town Attorney Zajas for his response.

Carried.


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RESOLUTION 136 Kenneth Williams RE: Lake Erie Beach Park &  Point Breeze Drive

Supervisor Catalino moved and Councilman Bartus seconded to receive and file the communication from Kenneth Williams regarding Lake Erie Beach Park and Point Breeze Drive.

Carried.

RESOLUTION  137Lee Fox Sheldon RE: request assistance with the condition of 99 North Lane

Supervisor Catalino moved and Councilman Erickson seconded to the refer the communication from Lee Fox Sheldon requesting assistance with the condition of the property located at 99 North Lane to Chuck LaBarbera, Building Department to respond to the proper department heads.

Carried.

RESOLUTION 138 Edward Schneider III RE: survey of Lake Erie Beach Park

Supervisor Catalino moved and Councilman Erickson seconded to grant the request of Edward Schneider III to have his own surveyor there along with a town surveyor at the same time and the Supervisor will make sure Mr. Schneider knows that and to receive and file his communication.

Carried.

RESOLUTION 139 Edward Schneider III RE: Lake Erie Beach Park &  Point Breeze Drive

Supervisor Catalino moved and Councilman Bartus seconded to refer the communication from Edward Schneider III regarding Lake Erie Beach Park and Point Breeze Drive to Councilman Csati to handle the situation.

Carried.

RESOLUTION 140  Sandra Brant, Planning Board Chairman RE: renewal of Special Use Permit for First Place Finishes, 1526 Eden Evans Center Road

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: in a letter dated March 11, 2005, the Planning Division Office has requested that the Town Board set a public hearing regarding the petition of First Place Finishes, for a Special Use Permit renewal, for restoration and custom painting of automobiles and motorcycles including collision repair, located at 1526 Eden Evans Center Road, Angola, part of SBL#221.00-4-29


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March 16, 2005

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NOW THEREFORE BE IT

RESOLVED:             that the Town Board authorize the Town Clerk to advertise for a public hearing to be held on April 6, 2005 at 7:50pm for the consideration of said Special Use Permit renewal, and

BE IT FURTHER

RESOLVED:             that this matter be referred to the Planning Office to determine the need for Planning Board review and recommendation prior to the public hearing, and

BE IT FURTHER

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

Carried.

Councilman Csati reported that he hopes that the situation at Lake Erie Beach Park will be resolved by Memorial Day.

Councilman Bartus reported that Eric Rechlin a Kindergarten student at Highland Elementary, will be a special guest at the next Town Board meeting because he won a recycling contest.

-Sportsman show at the Erie County Fairgrounds March 14-18

-Conservation Commission is looking for a member.  If you are interested please contact the Supervisor=s Office.

-Forms are available at the Town Hall for tree & shrub conservation program

-There will be an air and waste management seminar April 4-6

-If you are interested in any of the conservation programs please contact the Town Hall.

Councilman Erickson presented an update of an application through Assemblyman Quinn=s Office for Big Sister Creek to help with the flooding. 

-met with a representative of the Southtowns Quality Community and they will be creating an events calendar.  If you are interested in having your event mentioned please contact the Supervisor=s Office.

Supervisor Catalino reported that the Town will be meeting next week with County Parks to discuss the leasing of the front portion of the Bennett Beach Park for summer soccer and if that is not possible then work with the school district.

-request to suspend the rules for the purpose of considering a resolution for


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March 16, 2005

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additional funding for the Angola Public Library

RESOLUTION 141 Committee & Department Head reports

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

Carol A. Meissner, Town Clerk:

     Petty Cash                            $ -0-

     Games of Chance fees            $25.00

     Monthly report                       $4,936.42

    Diana A. Cafferty, Rec. of Taxes & Assessments:

     Water receipts February          $121,807.75

     Duplicate bills & receipts Feb. $82.00

     Interest for February               $26.30

Carried.

RESOLUTION 142  White minor subdivision, PLL #2 of the year 2005 (Zoning/Licensing) and PLL #3 of the year 2005 (Licensing of Animals)

Supervisor Catalino moved and Councilman Govenettio 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 143  Town of Evans requests the support of the WNY Congressional Delegation to secure funding to help with further restoration of Graycliff

Councilman Erickson moved and Councilman Bartus seconded,        

WHEREAS: the Graycliff Conservancy is requesting $725,000 in 2006 Federal funding to help restore the Graycliff Estate to its original condition as designed by renowned American architect Frank Lloyd Wright.

WHEREAS: the Graycliff Estate which is located in the Town of Evans is a New York State Landmark, listed on the National Register of Historic Places, a sponsored project of the Federal Save America=s Treasures Program, as well as an official site on the Seaway Trail, New York State=s only National Scenic Byway.


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WHEREAS: the Graycliff Conservancy, Inc. is a volunteer-based, 501(c)(3) organization, which incorporated in May 1997 for the purpose of ensuring the protection, interpretation and public access of this architectural treasure, in keeping with the objectives of the Save America=s Treasures Program.

WHEREAS: the Graycliff Conservancy=s primary goal in acquiring the restoring the Graycliff Estate is to preserve an important architectural treasure in the Town of Evans as well as Western New York community and its second goal is to augment a community-wide initiative to create economic development through heritage tourism.

WHEREAS: Frank Lloyd Wright structures have become significant heritage destinations generating substantial revenue for the communities fortunate enough to have extant Wright buildings which are publicly accessible.

WHEREAS: Graycliff=s restoration supports a community-wide initiative to promote tourism in the Town of Evans as a tool for economic development as well as the fact that the AYear of the Architect@ will soon be designed by the Buffalo Niagara Convention and Visitors Bureau in order to advance heritage tourism initiatives throughout Western New York.

WHEREAS: the impact of restoring Graycliff will supplement New York State=s priority of public access for lakefront property in the Town of Evans; support current plans to promote Lake Erie waterfront as a natural resource for public enjoyment and tourism; increase the number of attractions that the Town of Evans can market to attract and extend regional tourism in Western New York; and protect this historic property from the threats due to past negligence and inappropriate treatment.

WHEREAS: the Graycliff Conservancy has been honored with a Tourism and Economic Development Award by the Evans-Brant Chamber of Commerce for its work in preserving Graycliff as an integral component on the Seaway Trail and the Town of Evans has continued to support the Conservancy=s efforts as a historic restoration project that helps to increase travel within our community.

NOW THEREFORE BE IT

RESOLVED:             that the Town of Evans calls upon the members of the Western New York Congressional Delegation to support the Graycliff Conservancy=s request to identify and secure 2006 Federal Funds in the amount of $725,000 toward the further restoration and this historic Frank Lloyd Wright designated landmark in the Town of Evans, and


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BE IT FURTHER

RESOLVED:             that a certified copy of this resolution shall be forwarded to the members of the Western New York Congressional Delegation.

Carried.

RESOLUTION 144  Town of Evans requests the support of the WNY  Assembly & Senate Delegation to secure funding for non-staff related operational expenses, design &      implementation of period furnishings and visitor  improvements & services

Councilman Bartus moved and Councilman Govenettio seconded,   

WHEREAS: the Graycliff Conservancy is requesting $278,000 in New York State funds which includes $72,600 for non-staff related operational expenses, $150,000 toward the design and implementation of a period furnishings plan for the Main house and Foster House, and $56,000 for visitor improvements and services .

WHEREAS: the Frank Lloyd Wright designed Graycliff Estate which is located in the Town of Evans is a New York State Landmark, listed on the National Register of Historic Places, a sponsored project of the Federal Save America=s Program, as well as an official site on the Seaway Trail, New York State=s only National Scenic Byway.

WHEREAS: the Graycliff Conservancy, Inc. is a volunteer-based, 501(c)(3) organization, which incorporated in May 1997 for the purpose of ensuring the protection, interpretation and public access of this architectural treasure, in keeping with the objectives of the Save America=s Treasures Program.

WHEREAS: the Graycliff Conservancy=s primary goal in acquiring the restoring the Graycliff Estate is to preserve an important architectural treasure in the Town of Evans as well as Western New York community and its second goal is to augment a community-wide initiative to create economic development through heritage tourism.

WHEREAS: Frank Lloyd Wright structures have become significant heritage destinations generating substantial revenue for the communities fortunate enough to have extant Wright buildings which are publicly accessible.


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March 16, 2005

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WHEREAS: Graycliff=s restoration supports a community-wide initiative to promote tourism in the Town of Evans as a tool for economic development as well as the fact that the AYear of the Architect@ will soon be designated by the Buffalo Niagara Convention and Visitors Bureau in order to advance heritage tourism initiatives throughout Western New York.

WHEREAS: the impact of restoring Graycliff will supplement New York State=s priority of public access for lakefront property in the Town of Evans; support current plans to promote Lake Erie waterfront as a natural resource for public enjoyment and tourism; increase the number of attractions that the Town of Evans can market to attract and extend regional tourism in Western New York; and protect this historic property from threats due to past negligence and inappropriate treatment.

WHEREAS: the Graycliff Conservancy has been honored with a Tourism and Economic Development Award by the Evans-Brant Chamber of Commerce for its work in preserving Graycliff as an integral component on the Seaway Trail and the Town of Evans has continued to support the Conservancy=s efforts as a historic restoration project that helps to increase travel within our community.

NOW THEREFORE BE IT

RESOLVED:             that the Town of Evans calls upon the members of the Western New York Assembly and Senate Delegation to support the Graycliff Conservancy=s request for State funds in the amount of$278,000, which includes $72,600 for non-state related operational expenses, $150,000 toward the design and implementation of period furnishings plan for the Main house and Foster house, and $56,000 for visitor improvements and services for this historic Frank Lloyd Wright designed landmark in the Town of Evans, and

BE IT FURTHER

RESOLVED:             that a certified copy of this resolution shall be forwarded to the members of the Western New York Assembly and Senate Delegation.

Carried.

RESOLUTION 145 Award proposal for concession stand at Sturgeon Point Marina

Councilman Csati moved and Councilman Bartus seconded,


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March 16, 2005

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WHEREAS: pursuant to the resolution of the Town Board of the Town of Evans the Town Clerk advertised for bids for the operation of a restaurant concession at the Sturgeon Point Marina;

WHEREAS: there was one bid submitted;

THEREFORE BE IT

RESOLVED:             that the sole, responsible, bid from William Connors, 8901 Lake Shore Road, Angola be accepted for a five year period and that the proposed payments be as follows and be hereby accepted:

proposal amount for 2005 $2,000.00

proposal amount for 2006 $2,100.00

proposal amount for 2007 $2,200.00

            proposal amount for 2008 $2,300.00

          proposal amount for 2009 $2,400.00

AND BE IT FURTHER

RESOLVED:             Robert R. Catalino, II, Supervisor of the Town of Evans is hereby authorized and directed to execute on behalf of the Town of Evans, an agreement with the said William Connors, subject to the approval of the Town Attorney, in as many counterparts as deemed appropriate to monument such arrangement.

VOTE RESULT:       Councilman Csati     aye

Councilman Bartus   aye

Councilman Govenettio       aye

Councilman Erickson           abstain

Supervisor Catalino  aye

RESOLUTION 146  Appt of part-time Police Officer

Councilman Govenettio moved and Councilman Bartus seconded to table resolution #4 on tonight=s agenda regarding an appointment of a part time Police Officer until the Town Board can meet with the Chief of Police.

Carried.

RESOLUTION 147  Appt of Fire Marshall PT

Councilman Govenettio moved and Councilman Bartus seconded,


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March 16, 2005

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WHEREAS: the fire chiefs of the Angola Control Fire Council have unanimously endorsed John Latimore for the position of Fire Marshall for the Town of Evans, and

WHEREAS: there is currently a vacancy in the position of Fire Marshall for the Town of Evans

THEREFORE BE IT

RESOLVED:             that John Latimore is hereby appointed Fire Marshall (PT) at an annual salary of $2,000 to be paid in quarterly installments.

VOTE RESULT:       Councilman Govenettio       aye

Councilman Bartus   aye

Councilman Erickson           aye

Councilman Csati     aye

Supervisor Catalino  aye

RESOLUTION 148 Suspend the rules of order

Supervisor Catalino moved and Councilman Govenettio seconded to suspend the rules of order for the conduct of business of Evans Town Board meetings for the purpose of considering a resolution to help with the funding of Saturday hours for the Angola Public Library.

VOTE RESULT:       Supervisor Catalino  aye

Councilman Govenettio       aye

Councilman Erickson           aye

Councilman Csati     aye

Councilman Bartus   aye

RESOLUTION 149 Additional funding for Angola Public Library for Saturday hours

Supervisor Catalino moved and Councilman Bartus seconded,

WHEREAS: pursuant to Resolution 79 of 2005, the Town of Evans has an agreement with the Angola Public Library to provide $2,500 to help defray the cost of its operations in providing its services to the residents of the Town, and

WHEREAS: the Angola Public Library has reduced operating hours due to current fiscal constraints caused by the County of Erie budget crises, and


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WHEREAS: these reduced hours will cause undue hardship on our area residents whose own schedules allow for their use of the Angola Library services only on weekends, and

WHEREAS: the Town Board of the Town of Evans recognizes the value of maintaining library services for the benefit of our residents

THEREFORE BE IT

RESOLVED:             the Town of Evans hereby authorizes additional payment of $2,500 to the Angola Public Library to maintain weekend hours of operation, and

BE IT FURTHER

RESOLVED:             that $2,500 is hereby transferred from Account #B1926 to B7410.411 to cover said expenditure.

VOTE RESULT:       Supervisor Catalino  aye

Councilman Bartus   aye

Councilman Erickson           aye

Councilman Govenettio       aye

Councilman Csati     aye

RESOLUTION 150 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                 429 - 552       31,536.95

PART TOWN             429 - 552       14,554.31

HIGHWAY                429 - 552       27,739.56

WATER                      429 - 552       91,339.31

CAPITAL PROJECTS          429 - 552       1,814.73

SPECIAL DISTRICTS         429 - 552       70,426.23

VOTE RESULT:       Councilman Csati     aye

Councilman Govenettio       aye

Councilman Bartus   aye

Councilman Erickson           aye

Supervisor Catalino  aye

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RESOLUTION 151 Adjournment

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to the next work session to be held on Wednesday, March 30,  2005 at 5:00pm and then to the next regular Town Board meeting to be held on Wednesday, April 6, 2005 at 7:30pm.

Carried.

Respectfully submitted,

Lynn R. Stoessel

Deputy Town Clerk

Carol A. Meissner

Town Clerk