EVANS TOWN BOARD MEETING MINUTES

Meeting #12

June 15, 2005

page 130

Appraisers.

Donald Niles, Townline Road, North Evans (see Addendum A)

At this time 7:50pm a public hearing is scheduled as duly advertised in the Town Crier, official newspaper of the Town of Evans to consider the adoption of Proposed Local Law #5 of the year 2005 which will amend Local Law #8 of the year 1987 commonly known as the Zoning Law and any amendments thereto and the Zoning Map by rezoning property situate in the Town of Evans as requested by Lake Shore Family Medicine for the property located on vacant land on Erie Road near Delamater Road, Derby, New York being SBL#206.00-3-39.11 from R-1 to GB.

Mark Dean, architect, 3284 Walden Avenue, Depew, New York representing Lake Shore Family Medicine explained the proposed use of the property to the best of his knowledge.

Mrs. Nacka, 7008 Erie Road, Derby questioned what this medical center would be comprised of.

Bob Catalano, 7339 Erie Road, Derby feels the Town should know up front who the tenant will be. He doesn't feel a day care center is appropriate in this location due to the curve in the road and high traffic in this area.

Bill Stiles, Derby questioned what specifically would be located in the proposed building. He doesn't feel speculation is an answer.

There being no one else wishing to speak the public hearing was closed at 8:00pm.

Supervisor Catalino reopened the privilege of the floor.

Pete Bogulski, has (60) sixty acres of land here, a home here and also a home in Florida. He can't understand the reluctance of the Town Board to reassess the appointment of Jeanne Chase as Assessor. He is in the real estate business and wants to see the documentation and qualifications for Jeanne Chase as he feels she is not qualified for Assessor.

Cynthia and Russell Duscher, 6821 Nettlecreek Drive stated that the new Connors Hot Dog Stand was built over a sewer line and feels that Councilman Erickson pushed for the appointment of Jeanne Chase as Assessor as a political favor.

Joe Stiles, Derby stated Jeanne Chase just threw him into debt for the next ten (10) years. It bothers him that he has to pay her salary as Legislator and now has to pay her salary again as Assessor.

Jean Pauley, 1260 Sturgeon Point Road doesn't feel the Town Board listens to the taxpayers and that is all the taxpayers want for the board to listen to them.

Charles Militello, 6840 Prescott Drive presented an award to Paul Heath from the Lions Club to recognize his installing signs on Route 5 & 20 at the entrance to the Town to show we have an active Lions Club.

Ray Markiewicz, 9622 Point Breeze Drive feels a debt of gratitude should be

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June 15, 2005

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extended to Sharen Trembath who received a Woman of Distinction Award in Albany for her involvement with the Lake Erie Beach Sweep. He asked the Town Board if they received his letter requesting to be a member of the Lake Erie Beach Advisory Board. Mr. Markiewicz read excerpts of a letter appearing on the agenda from Kenneth Williams regarding Lake Erie Beach park. He also spoke on behalf of the citizens of Evans for the use and improvement of Lake Erie Beach Park. He opposes the sale of any park property.

Ron Wasmund, 9125 Iroquois Road told the Town Board he spoke with Albany and they said there is not to be any parklands sold without their approval.

Barb Markiewicz, Point Breeze Drive feels there is a proposed sale of some of the park property. She also presented six (6) questions for the Town Board to be answered at the next Town Board meeting. (see Addendum B)

Edward Schneider III, 9575 Redwing, Angola (see Addendum C)

Robert L. Palmer, 1780 Eden Evans Center Road indicated he was at the meeting with Mrs. Markiewicz when Mrs. Erickson presented a proposal for the sale of .07 acres of Lake Erie Beach Park. He asked if Point Breeze Drive is part of the park or a paper street. Mr. Palmer is concerned that handicap access for the handicap is being cut off and in violation of Federal guidelines, including parking spaces. Handicap parking signs should be installed at the park. Every other place across the state is providing more access to the waterways. Beaches and parks are a major draw factor in our area, which is part of our quality of life and it is not for sale.

Charles Militello, 6840 Prescott Drive, Derby commented that the Maurer's house is built on town park land as indicated by the current town survey. He presented pictures to the Town Board of the boat ramp that proves it is in re-usable condition and the only problem at Lake Erie Beach Park is the Maurer's gardens and decorations blocking access and the removal of the dirt piled from the construction of their basement to offset the erosion.

John O'Donnell, 9193 Applewood read a prepared statement (see Addendum D) and also commented that he feels that since the Town took over the maintenance of Lake Erie Beach Park the Town has neglected to keep the access road and boat ramp open, for example when the Town cleaned the beach this spring they dumped the payloader in the road for the boat launch.

Pete Bogulski requested that the Town Board look into the required documentation and verify that Jeanne Chase has more than 2-2 2 years of real estate experience.

Mary Ellen Hanna, 9615 Point Breeze Drive has attended every single Town Board meeting since January 2005 and feels the Town Board is not representing the taxpayers. She feels the Town Board failed to represent by not installing signs on the east and west side of the pedestrian bridge and by not sending a letter to the Maurer's that no parkland would be sold as agreed upon at a meeting in March 2005. She also feels the Town Board failed to represent by not notifying anyone else in Town except the Maurer's that the fence was being removed. She believes that only 10% of the requests and actions that have taken place in this room in six months has been acted on in the name of the residents of

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June 15, 2005

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the Town of Evans in her personal opinion.

Carl Hagemen Jr., 9644 Oakland questioned the hours of Lake Erie B each Park. He was there two weeks ago Friday at 5:00pm and the restrooms were locked. He also brought to the Board's attention that there is a problem with dogs there when it is clearly posted that they are not allowed.

Don Ball, Derby commented that his granddaughter has been in a wheelchair for seventeen years and they push her to the street everyday.

Marie Jewitt, 1348 Eden Evans Center Road commented that the Town of Evans is a caring community with giving people and she wants to see the Town continue by not necessarily selling the property but helping the Maurer's get their wheelchair bound son to the necessary doctor appointments and programs.

Mark Hagemen, 9644 Oakland Street commented that we are a giving Town as the Town allowed him the following: - to build with a zero inch setback -easement for utilities on town property - to blacktop a driveway -to create a circular driveway. The rights of an individual does not supercede the rights of the masses and feels he created his own hardship by building on a sub-standard lot and asking for all these concessions from the Town.

Eugene Hilton submitted a letter regarding Lake Erie Beach Park. (see Addendum G)

RESOLUTION 234 Glenn Wm. Christner, architect on behalf of Robert Mann RE: request a rezoning of 8550 Erie Road and Johnson Avenue from MS to GB

Supervisor Catalino moved and Councilman Erickson seconded to receive and file the communication from Glenn Wm. Christner requesting to rezone 8550 Erie Road and Johnson from MS to GB.

Carried.

RESOLUTION 235 Sandra L. Brant, Chairman, Evans Planning Division RE: a public hearing date to be set for Robert Mann, 8550 Erie Road, Angola, NY 14006 to rezone .42 acres from MS to GB

Supervisor Catalino moved and Councilman Erickson seconded,

WHEREAS: Robert Mann has requested that the Town Board of the Town of Evans rezone .42+/- acres located at 8550 Erie Road, Angola, SBL#235.01-1-6, from Motor Service (MS) to General Business (GB), and

WHEREAS: in a letter dated June 9, 2005, the Evans Planning Board has requested that the Town Board set a public hearing regarding the request of Robert Mann.

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June 15, 2005

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NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans authorize the Town Clerk to advertise for a public hearing to be held on July 13, 2005 at 7:50pm for the consideration of said rezoning request.

AND BE IT FURTHER

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

Carried.

RESOLUTION 236 Kenneth Williams RE: Lake Erie Beach AHomeowner@ issue

Supervisor Catalino moved and Councilman Erickson seconded to receive and file the communication from Kenneth Williams regarding Lake Erie Beach Park. (see Addendum E).

Carried.

Councilman Csati reported on the Duck Race held in Muddy Creek for Lake Erie Beach Fire Hall.

Councilman Bartus reported that Liberty Liquors is the recipient of the 2004 Planning Achievement Award and it will be presented to them on June 22, 2005.

Councilman Erickson reported that Travelers Restaurant has closed due to personal problems and will re-open under new management on June 17^th.

Supervisor Catalino asks everyone to work together and keep our Town safe over the 4^th of July holiday.

RESOLUTION 237 Committee and Department Head reports

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

Carol A. Meissner, Town Clerk:

Petty Cash $-0-

May 2005 monthly report $12,218.23

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June 15, 2005

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Diana Cafferty, Receiver of Taxes:

May 2005 Water receipts $122,181.14

May 2005 Duplicate Bills $68.00

May 2005 interest earned $29.39

Carried.

RESOLUTION 238 Proposed Local Law #2 of the year 2005 (Zoning/Licensing);

Proposed Local Law #3 of the year 2005 (Licensing of Animals); Appointment of a part time Police Officer; Proposed Local Law #4 of the year 2005 (Property Maintenance)

Supervisor Catalino moved and Councilman Erickson seconded that

Proposed Local Law #2 of the year 2005 (Zoning/Licensing);

Proposed Local Law #3 of the year 2005 (Licensing of Animals); Appointment of a part time Police Officer; Proposed Local Law #4 of the year 2005 (Property Maintenance) remain under old business on the agenda.

Carried.

RESOLUTION 239 Appt of part time caretaker

Councilman Erickson moved and Councilman Bartus seconded,

RESOLVED: that Kim Sobol of 6905 Erie Rd., Derby be appointed part time caretaker to be called as needed at an hourly rate of $8.50.

VOTE RESULT: Councilman Erickson aye

Councilman Bartus aye

Councilman Csati aye

Councilman Govenettio aye

Supervisor Catalino aye

RESOLUTION 240 Unclaimed seized money by the Town of Evans Police Department to be utilized by the Town of Evans Police Department for undercover narcotic investigations

Councilman Govenettio moved and Councilman Erickson seconded,

WHEREAS: the Town of Evans Police Department has come into possession of sums of money which were seized in connection with lawful arrests; and

WHEREAS: the Town of Evans Police Department expect, in the future, to come into possession of sums of money seized pursuant to lawful arrests;

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June 15, 2005

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NOW THEREFORE BE IT

RESOLVED: that the sums of money seized by the Town of Evans Police Department, pursuant to lawful arrests listed on the attached addendum, which is unclaimed by the rightful owner, may be utilized by the Town of Evans Police Department for undercover narcotic investigation;

AND BE IT FURTHER

RESOLVED: that the Chief of Police shall maintain appropriate records reflecting the expenditures of the above referenced funds. (see Addendum F)

VOTE RESULT: Councilman Govenettio aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Csati aye

Supervisor Catalino aye

RESOLUTION 241 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:

Daniel Arlington, 1052 Eden Evans

Account #02100115

Adjustment: $100.00 + penalty

Carried.

RESOLUTION 242 Water bill adjustment

Councilman Govenettio moved and Councilman Erickson seconded,

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

John Nesterowica, 364 Coolidge

Account #02011240

Adjustment: $82.00 + penalty

Carried.

Meeting #12

June 15, 2005

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RESOLUTION 243 Town of Evans grants design approval for Phase One of the Town of Evans Multi-Use Pathway

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans has received approval for federal aid in the construction of the Evans Multi-Use Pathway, PIN#5756.75; and

WHEREAS: Design for phase one has been completed in and a Final Design Report has been submitted for review by the Town of Evans, the New York State Department of Transportation (NYSDOT) and the United States Department of Transportation Federal Highway Administration (FHWA);

THEREFORE BE IT

RESOLVED: that contingent upon final review and concurrence of the NYSDOT and the FHWA, the Town of Evans hereby grants design approval for Phase One of the Town of Evans Multi-Use Pathway.

Carried.

RESOLUTION 244 Town of Evans affirms the Community's support for the application and use of funds for the replacement of the playground structure at Nettlecreek park

Councilman Govenettio moved and Councilman Erickson seconded,

WHEREAS: the Town of Evans is applying for funding to replace the wooden playground structure at Nettlecreek Park; and

WHEREAS: the replacement of this playground is in the best interests of the community;

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans hereby affirms the Community's support for the application and use of these funds for the replacement of the playground structure at Nettlecreek Park.

Carried.

RESOLUTION 245 Appt of Lifeguard Supervisor, Assistant Lifeguard Supervisor, Lifeguard Captain, Lifeguards and Pool Attendants

Councilman Csati moved and Councilman Bartus seconded,

Meeting #12

June 15, 2005

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RESOLVED: that Lance Harrison of 9640 Ellicott Street, Angola be appointed to the position of Lifeguard Supervisor to be paid $11.00 per hour

RESOLVED: that Patrick Murphy of 664 Monroe Street, Angola be appointed to the position of Assistant Lifeguard Supervisor to be paid $8.50 per hour

RESOLVED: that the following individuals be appointed to the position of Lifeguard Captain; to be paid the designated rate of pay:

Kim Covino, 1645 South Creek, Derby $8.00

Ben Farley, 9878 Shorecliff, Angola $8.00

Brian Ruffles, 590 Ainsworth, Angola $8.00

RESOLVED: that the following individuals be appointed to the position of lifeguard; to be paid the designated rates of pay:

Jacqueline Ball, 7929 Dennis Road, Angola $6.50

Alicia Beck, 12 Ward Dr., Angola $6.90

Charles Commer III, 9386 Lafayette St., Angola $6.50

David Farley, 9878 Shorecliff, Angola $6.50

Frederick Garassi III, 88 Middle Lane, Angola $6.50

Alycia Gottoroff, 92 Middle Lane, Angola $6.50

Brad Gottoroff, 92 Middle Lane, Angola $6.50

Derek Greiner, 8175 Erie Rd., Angola $6.90

Deidre Hartz, 9194 Applewood St., Angola $6.50

Ryan Held, Lake Shore Road, Angola $6.50

Richard Kelleher, 506 Kennedy Ave., Angola $6.50

Laura Klopp, 1280 Wisconsin Rd., Derby $6.90

Megan Maslach, 1781 South Creek Rd., Derby $6.50

Sara Murphy, 664 Monroe, Angola $6.50

Brittney O'Connor, 8812 Lake Shore Rd., Angola $7.25

Stephanie Polakiewicz, 6780 Wayne Dr., Derby $7.25

Lauren Valtin, 9619 Northfield, Angola $6.50

Mary Veith, 6622 Lake Shore Rd., Derby $6.90/$7.40

Elizabeth Weber, 9022 Joyce Lane, Angola $7.50/$8.00

Ian Widmer-Wick, 364 Harper Rd., Angola $6.50

Andrew Wincenciak, 7588 Depot St., Derby $7.25/$7.75

RESOLVED: that the following be appointed to the position of pool attendant; to be paid $6.00 per hour; to be called as needed:

Meeting #12

June 15, 2005

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Darrah Vona, 6585 Lake Shore Rd., Derby $6.00

Katherine Milks, 1107 Church Rd., Angola $6.00

VOTE RESULT: Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Supervisor Catalino abstain

RESOLUTION 246 Evans Town Board support for the Niagara Falls Air Force Reserve and Guard Base

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: the Defense Department's recommendation to close the Niagara Falls Air Force Reserve and Guard base, and

WHEREAS: it is the opinion of many and of the Town Board of the Town of Evans that such closure is not in the nation's best interest and of t his region and

WHEREAS: the country is facing significant challenges in recruiting during war time, and

WHEREAS: this facility is the only remaining major military installation in Western New York and this facility has seemed to have been a key to military recruitment in the past, and

WHEREAS: the impact of this decision will be devastating to the New York Air National Guard and will make the nation's efforts to recruit and retain military personnel even more difficult than it is now,

THEREFORE BE IT

RESOLVED: that the Evans Town Board stands with Niagara Falls/Western New York community and its support for this base, and its retention and request that the recommendation to close this facility be overruled and that the Niagara Falls Air Force Reserve and Guard base remain open and functioning at, at least its present level, and

BE IT FURTHER

Meeting #12

June 15, 2005

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RESOLVED: that a copy of this resolution be sent to our representatives in the House of Representatives and our Representatives in the Senate as evidence of this support.

Carried.

RESOLUTION 247 Public Hearing date for First Place Finishes

Councilman Bartus moved and Councilman Govenettio seconded,

RESOLVED: that the Town Board authorize the Town Clerk to advertise for a public hearing to be held on July 13, 2005 at 8:00pm for the consideration of a special use permit renewal for First Place Finishes, 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.

Carried.

RESOLUTION 248 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 1102-1226 32,112.62

PART TOWN 1102-1226 10,146.65

HIGHWAY 1102-1226 6,938.33

WATER 1102-1226 70,609.82

SPECIAL DISTRICTS 1102-1226 66,917.31

VOTE RESULT: Councilman Csati aye

Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 249 Adjournment

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to a work session on Wednesday, June 22, 2005 and July 6, 2005 at 5:00pm and then to the next regular Town Board meeting on Wednesday, July 13, 2005 at 7:30pm.

Carried.