Meeting #21
November 16, 2005
page 205
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 16, 2005 at 7:30pm there were:
PRESENT: Karen E. Erickson Councilman
Thomas A. Csati Councilman
Joseph G. Govenettio Councilman
Robert R. Catalino, II Supervisor
ABSENT: Kathleen A. Bartus Councilman
ALSO PRESENT: Carol A. Meissner Town Clerk
J. Grant Zajas Town Attorney
RESOLUTION 359 Petition requesting the installation of a signal at Thomas Lane and Erie Road
Supervisor Catalino moved and Councilman Csati seconded to refer the petition from residents of Melody Meadows requesting a street light to be installed at Route 5 and Thomas Lane to the Chief of Police to have the N.Y.S. Department of Transportation do the appropriate testing as per the petition request and then inform the residents.
Carried.
Councilman Erickson reported the V.F.W. is having their Thanksgiving Dinner again. Meals are available to eat-in or delivery is available for anyone who is unable to travel to the V.F.W. Arrangements may be made through the Senior Center of Tax Office.
RESOLUTION 360 Committee and Department Head reports
Supervisor Catalino moved and Councilman Csati to accept the Committee and Department Head reports.
Carried.
RESOLUTION 361 Proposed Local Law #2 of the year 2005 (Zoning/Licensing); Proposed Local Law #3 of the year 2005 (Licensing of Animals); Proposed Local Law #4 of the year 2005 (Property Maintenance); Proposed Local Law #5 of the year 2005 (Rezoning of vacant land on Erie Road near Delamater Rd from R-1 to GB); Proposed Local Law #7 of the year 2005 (amend V & T for stop signs on Seneca St)
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November 16, 2005
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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); Proposed Local Law #4 of the year 2005 (Property Maintenance); Proposed Local Law #5 of the year 2005 (Rezoning of vacant land on Erie Road near Delamater Rd from R-1 to GB); PLL #7 of the year 2005 (amend V & T for stop signs on Seneca St) remain under old business on the agenda.
Carried.
RESOLUTION 362 Angola Protective Fire District budget for 2006
Supervisor Catalino moved and Councilman Erickson seconded,
RESOLVED: that the Angola Fire Protective Budget be adopted as previously reviewed at the schedule public hearing on November 9, 2005 for said fire districts upcoming fiscal year.
VOTE RESULT: Supervisor Catalino aye
Councilman Erickson aye
Councilman Govenettio aye
Councilman Csati aye
RESOLUTION 363 2006 Preliminary Budget
Supervisor Catalino moved and Councilman Govenettio seconded,
WHEREAS: the Town Board of the Town of Evans has met and considered the Preliminary Budget for the fiscal year beginning January 1, 2006 and conducted a 2006 Budget Public Hearing on November 9, 2005 as required by Town Law, Section 108, and
WHEREAS: the State Comptroller’s Office and the Town’s independent auditors have recommended that the Town adopt the legal budget at the personal services, equipment/capital outlay, contractual expenses, etc. object level,
THEREFORE BE IT
RESOLVED: that the object totals in the Preliminary Budget hereinafter set froth, as amended, are hereby adopted as the annual budget of the Town of Evans for the fiscal year beginning on January 1, 2006, and that the same shall be entered in the minutes of the Town Board.
Carried.
Meeting #21
November 16, 2005
page 207
RESOLUTION 364 Wendel Duchscherer to complete the application for the DWSRF Hardship Financing Application
Councilman Csati moved and Councilman Govenettio seconded,
WHEREAS: the Town of Evans currently has a project application with Drinking Water State Revolving Fund (DWSRF) for subsidized low interest rate loans and grants for construction of eligible water system projects, and
WHEREAS: the project application and funding eligibility may qualify for hardship financing
THEREFORE BE IT
RESOLVED: that Wendel Duchscherer is hereby authorized to complete, by December 1, 2005, the DWSRF Hardship Application for a total cost of $1,000 and the Supervisor is so authorized to execute the necessary documents.
Carried.
RESOLUTION 365 Authorize the Supervisor to execute all agreements for construction management, maintenance & land transfer with Erie County for Evans Multi-Use Pathway & payment
Councilman Erickson moved and Councilman Csati 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 PIN#5757.49; and
WHEREAS: Federal guidelines require grant recipients to own or obtain a permanent easement of the right-of-way before construction can begin; and
WHEREAS: the Federal Highway Administration recommends the County of Erie administers the TEA21 grant to expedite construction because of County ownership of the affected right-of-way.
THEREFORE BE IT
RESOLVED: that the Town Board of the Town of Evans hereby requests that Erie County accept the designation of project sponsor, contracting agent, and funding recipient with the New York State Department of Transportation as pertains to the Evans Multi Use Pathway Project as said project is the recipient of $754,300 in Federal Transportation Enhancement Funds; and
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November 16, 2005
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BE IT FURTHER
RESOLVED: that the Supervisor of the Town of Evans is hereby authorized to execute all necessary agreements concerning construction management, maintenance and land transfer with Erie County as pertains to said project; and
BE IT FURTHER
RESOLVED: that in the event the amount required to pay in the first instance 100% of the Federal and Non-Federal shares of the costs of the projects Preliminary Design, Construction and Construction Inspection phases exceeds the amount appropriated above $350,000 and/or 100% of the fill Federal and Non-Federal shares of the cost of the projects Preliminary Design, Construction and construction Inspection phases exceeds $1,104,300, the Town of Evans shall convene its Board as possible to appropriate said excess amount immediately upon the notification by Erie County.
These resolution shall take effect immediately.
VOTE RESULT: Councilman Erickson aye
Councilman Csati aye
Councilman Govenettio aye
Supervisor Catalino aye
RESOLUTION 366 Support application to develop “Phase Two” of the Tourism Development Plan
Councilman Erickson moved and Councilman Govenettio 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 create a plan to promote the various resources and assets in the area; and
WHEREAS: the Town 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; and
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November 16, 2005
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WHEREAS: the seven communities are in the process of completing an inventory of their collective assets for tourism development, and
WHEREAS: it is necessary to develop a Tourism Strategy to promote tourism assets, economic prosperity and sustainable community growth,
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 2005-06 New York State Quality Communities Program to obtain financial assistance to develop “Phase Two”of our Tourism Development Plan - 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 plan for identifying and promoting assets of our region; and
BE IT FURTHER
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 367 Appt of laborer/gateguard/nightwatchman
Councilman Govenettio moved and Councilman Csati seconded,
RESOLVED: that Thomas Scionkiewicz of 84 Orchard, Angola, NY be appointed to the position of Laborer/Gateguard/Nightwatchmen to be paid the rate of $7.00 per hour to be called as needed.
VOTE RESULT: Councilman Govenettio aye
Councilman Csati aye
Councilman Erickson aye
Supervisor Catalino aye
RESOLUTION 368 Suspend the Rules of Order for the conduct of business of Evans Town Board meetings
Meeting #21
November 16, 2005
page 210
Supervisor Catalino moved and Councilman Erickson seconded that the rules of order for the conduct of business at Evans Town Board meetings be suspended to take action on a resolution permitting Martin’s grocery store to obtain a permit for a propane exchange.
VOTE RESULT: Supervisor Catalino aye
Councilman Erickson aye
Councilman Csati aye
Councilman Govenettio aye
RESOLUTION 369 Approve permit for Martin’s to install a propane exchange
Councilman Erickson moved and Councilman Csati seconded,
RESOLVED: that the Town Board of the Town of Evans approves a permit for Martin’s to install a propane exchange at the Erie Road location, contingent upon the approval of the Building Department and the Town Attorney.
VOTE RESULT: Councilman Erickson aye
Councilman Csati aye
Councilman Govenettio aye
Supervisor Catalino aye
RESOLUTION 370 Audit of Bills
Councilman Csati 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:
GENERAL 2306-2453 38,572.13
PART TOWN 2306-2453 6,498.68
HIGHWAY 2306-2453 5,494.20
WATER 2306-2453 81,716.37
COMMUNITY DEVELOPMENT 2306-2453 5,894.12
VOTE RESULT: Councilman Csati aye
Councilman Erickson aye
Councilman Govenettio aye
Supervisor Catalino aye
RESOLUTION 371 Adjournment
Meeting #21
November 16, 2005
page 211
Supervisor Catalino moved and Councilman Erickson seconded to adjourn to the next scheduled work session on November 30, 2005 at 6:00pm and then to the next regular scheduled Town Board meeting on Wednesday, December 7, 2005 at 7:30pm.
Carried.
Respectfully submitted,
Carol A. Meissner
Town Clerk