EVANS TOWN BOARD MEETING MINUTES

Meeting #8

April 20, 2005

page 90

RESOLUTION 170 Ed Michalski, Highway Superintendent RE: Authorization to attend the NYS Assoc of Towns of the State of New York and Cornell Local Roads Annual Highway School in Ithaca, NY from June 5 - June 8, 2005 and that all necessary and actual expenses be a town charge

Supervisor Catalino moved and Councilman Erickson seconded to grant the request of Edward J. Michalski, Superintendent of Highways to attend the New York Association of Towns of the State of New York and Cornell Local Roads Program Annual Highway School in Ithaca, New York from June 5 - June 8, 2005 with all the necessary and reasonable expenses incurred be a town charge in accordance with the rules and regulations governing travel and education.

Carried.

RESOLUTION 171 Sandra L. Brant, Chairman of Evans Planning Division RE: public hearing for a tower special permit at 1225 Wisconsin Road

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: in a letter dated April 14, 2005, the Evans Planning Board has requested that the Town Board set a public hearing regarding the petition of Upstate Cellular Network D/B/A Verizon Wireless, 175 Calkins Rd., Rochester, NY, for a 175' cellular telecommunications tower to be located at 1225 Wisconsin Road, Derby, NY (Mazur property), SBL#206.00-4-2

NOW THEREFORE BE IT

RESOLVED: that the Town Board authorize the Town Clerk to advertise for a public hearing to be held on May 18, 2005 at 7:50pm for the consideration of said tower special permit

AND BE IT FURTHER

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

Carried.

Councilman Bartus reported that the Erie County Department of Environment and Planning is holding a 2005 recycling poster contest.

-April 22, 2005 is Earth Day and she encourages everyone to cleanup, paint-up and fix-up

-There will be a retirement party for Sam Lomando, Assessor on May 13, 2005.

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April 20, 2005

page 91

Councilman Erickson reported that there will be a meeting with representatives from the Town of Eden and the New York State Thruway coming up in May.

-It was reported in last nights Buffalo News that the Town of Evans has been awarded a $250,000.00 grant to continue the hike/bike path from Town Park to Lake Erie Beach Park. She is hoping to continue it from the Lake Street in the Village to Lake Shore Road in the future.

Supervisor Catalino reported that there will be Grand Opening Ceremonies on Saturday, April 20, 2005 at 2pm for the new American Legion on Erie Road.

-Commended individuals from the Police Department for the arrest of three students from Williamsville who were at a Lake Shore Central baseball game last night who took a BB gun into the High School.

-Claddagh will be purchasing Family Promise Home for office space, assisted living and senior housing.

RESOLUTION 172 Reports of Town Officials

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

Carried.

RESOLUTION 173 White minor subdivision; Proposed Local Law #2 of the year 2005 (Zoning/Licensing); Proposed Local Law #3 of the year 2005 (Licensing of Animals); Appointment of part-time Police Officer

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

Carried.

RESOLUTION 174 Special Use Permit renewal for First Place Finishes, 1526 Eden-Evans Center Rd

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: on February 17, 2005, First Place Finishes requested the renewal of the Special Use Permit for the purpose of restoration and custom painting of automobile and motorcycles including collision repair, located at 1526 Eden-Evans Center Rd., Angola, part of SBL#221.00-4-29, and

Meeting #8

April 20, 2005

page 92

WHEREAS: said Special Use Permit was originally 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 on January 28, 2004.

2. For the purpose of preparation or staging, only two (2) vehicles may be stored on the site as shown on said site plan.

3. There shall be no storage of vehicle parts, accessories or scrap parts outside of the building.

4. Any painting, sandblasting, machine grinding or sanding must occur inside of the building with a ventilation system designed in accordance with State and Federal standards.

5. All vegetation situated along the northwestern property boundary shall remain intact to provide a buffer for the adjoining residential property.

6. There shall be no use of the airport runway.

7. If a future need for a dumpster arises it shall be screened in accordance with the Town Code.

8. This special use permit shall be for a one (1) year period. Said application shall be reviewed at such time, and

WHEREAS: the Town of Evans Planning Office and the Building Department have conducted a proper review of the application and the facility, have found that all conditions are being met, and have recommended the Special Use Permit be renewed for two years, and

WHEREAS: the negative SEQRA declaration issued by the Evans Town Board on February 18, 2004, for said action 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 First Place Finishes for the purpose of continuing the business of 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, and

BE IT FURTHER

Meeting #8

April 20, 2005

page 93

RESOLVED: that the eight (8) above said conditions again be placed upon said Special Use Permit, however, this permit shall be renewed for a two (2) year period.

BE IT FURTHER

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

Carried.

RESOLUTION 175 Amend Resolution #174 of the year 2005

Supervisor Catalino moved and Councilman Erickson seconded to amend Resolution #174 of the year 2005 to read a one (1) year Special Use Permit renewal.

VOTE RESULT Supervisor Catalino aye

ON AMENDMENT: Councilman Erickson aye

Councilman Bartus aye

VOTE RESULT Supervisor Catalino aye

ON ORIGINAL Councilman Erickson aye

AS AMENDED: Councilman Bartus aye

RESOLUTION 176 Appt of laborers/gateguards/nightwatchmen

Supervisor Catalino moved and Councilman Bartus seconded,

RESOLVED: that Frederick Bartlett of 1069 Brookwood, Derby be appointed to the position of laborer/gateguard/nightwatchman; to be paid $6.75 per hour; effective 4-12-2005;

FURTHER BE IT

RESOLVED: that the following be appointed to the position of laborer/gateguard/nightwatchman; to be paid the designated rate of pay; to be called as needed:

Arthur Baczkowski, 775 Sturgeon Point road, Derby $6.75

Daniel Haidon, 6647 Gates Dr., Derby $6.75

Phyllis Jost, 1711 Sturgeon Point Road, Derby $6.75

Wilbur Jost, 1711 Sturgeon Point Road, Derby $6.75

William Martin, 6888 Schuyler Dr., Derby $6.75

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April 20, 2005

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Daryl Connolly, 880 Sturgeon Point Rd., Derby $8.00

Karin Corbin, 1711 Sturgeon Point Rd., Derby $6.00

Candace Corbin, 1711 Sturgeon Point Rd., Derby $6.00

Philip Csati, 9272 West Lane, Angola $6.25

Jacob Graci, Derby $6.00

VOTE RESULT: Supervisor Catalino aye

Councilman Bartus aye

Councilman Erickson aye

RESOLUTION 177 Pay adjustment for laborers

Councilman Bartus moved and Councilman Erickson seconded,

RESOLVED: that Wayland Whittinghill and Gerald Beamish=s pay be adjusted to $10.00 per hour.

VOTE RESULT: Councilman Bartus aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 178 Water bill adjustments

Councilman Bartus moved and Councilman Erickson seconded,

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

William Cravatta, 216 Dawn Avenue

Account # 03061090

Adjustment: $239.20

Johanna Navel, 9852 Shorecliff

Account # 03080340

Adjustment: $359.47

VOTE RESULT: Councilman Bartus aye

Councilman Erickson aye

Supervisor Catalino aye

Meeting #8

April 20, 2005

page 95

RESOLUTION 179 2005 Polling Locations

RESOLVED: that the following list of Polling Locations be designated as the official Polling Locations for the Town of Evans for the year 2005:

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

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 180 Authorization for the Police Department to purchase three (3) police vehicles under State contract

Councilman Erickson moved and Councilman Bartus seconded,

Meeting #8

April 20, 2005

page 96

RESOLVED: that the Evans Police Department is authorized to purchase three (3) 2005 Ford Crown Victoria police vehicles under NYS Contract #PC57345 at the cost of $21,785.33 plus delivery charge.

VOTE RESULT: Councilman Erickson aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 181 Installation of a street light on Grant St.

Councilman Erickson moved and Councilman Bartus seconded,

RESOLVED: that in accordance with agreement dated May 1, 1963, the Niagara Mohawk Power Corporation be directed to make the following changes in the street lighting system in the Town of Evans:

Location Pole No. *Remove *Install No. Present New

Annual Annual

Charge Charge

Grant Street 12 100 WHPS 1 $102.00

Std.

Total New Annual Charge: $102.00

Total Present Annual Charge $-0-

Total Increase in Annual Charge $102.00

Carried.

RESOLUTION 182 Town Licenses

Supervisor Catalino moved and Councilman Bartus seconded that the following town licenses applied for be granted contingent upon the approval of the Chief of Police and Department of Health and the Fireworks License be granted upon the filing of the appropriate insurance certificates:

David Charles Henry D/B/A Travelers Family Restaurant - refreshment

K-May Corp. D/B/A Grandview Super Freeze - refreshment

Michael & Deborah Slawinski - Stroh=s Tavern - fireworks

Carried.

Supervisor Catalino moved and Councilman Erickson 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:

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to the next Work Session on Wednesday, April 27, 2005 at 5:00pm and then to the next regular Town Board meeting to be held on Wednesday, May 4, 2005 at 7:30pm.