|
|
The Town Crier February 14, 2007 |
|
|
The Town Crier February 14, 2007 |
|
Have a local news story? |
Judge Rules Against Doering, Militello, Schneider, et al says “Petition has disrupted ordinary Town Business” In October 2006, Robert E. Doering and a “Group of Freeholders” (Dennis J. Ouitt, Elizabeth A. Gleason, Marylou G. Ragusa, Margaret A. Ivy, Patricia Hageman, Edward G. Schneider, III, Barbara A. Doering, Robert L. Palmer, JudyAnn Palmer, Richard Ward, Kathleen M. Smietana, Robin Conover, Darl Douglas, Louise H. Spinella, Scott W. Breeden, Natalie A. Paisley, Richard A. Dygulski, Jill M. Clark, Ellsworth C. Ivy, Darlene F. Derk, Edmond Gleason, Sr., Donald T. Mullen, Joseph C. Hageman, Mary Louise Creola, Mrs. Lonny Torsell, Alice Douglas, Marybeth Breeden, Charles P. Militello, Catherine M. Haines, Joann E. Simano, Evelyn C. Dygulski, Joan L. Ball, Deborah Costantino, Mark Costantino) filed suit against the Town of Evans requesting the State Supreme Court to conduct an investigation of 2004 and 2005 travel expenditures and reimbursement of certain officials of the Town of Evans who attended a New York State Association of Towns conference in New York City. The amount in question was $3,000 (three thousand dollars). The Court found that the officials in question publicly requested and received permission to attend the conferences and be reimbursed for their expenses according to Town policy. FOIL (Freedom of Information Law) requests for information on the trips’ expenses made by Charles Militello in 2004 and 2005 were responded to with diligence and in a timely manner. When the Town Board was made aware of the difference in reimbursement rates between the Town and Federal Guidelines, the Town rates were amended retroactively to include the 2006 conference. The final ruling of the State Supreme Court stated in part: “Petitioners admit they filed FOIL requests in April 2004 and again in June 2005, requesting W-2 wage information and/or the travel expense records of Town officials that attended the 2004 and 2005 Association meetings. … Although the information provided to Petitioners in 2004 and 2005 is essentially the same information produced in the Record today, Petitioners waited approximately sixteen (16) months to file their Application. Given the amount at issue (i.e., $3,000.00), Petitioners’ delay in making their Application severely prejudices the Town in a number of ways: it occupies substantial Town resources in the form of Town Clerk and Director of Finance time spent searching for and amassing records. “Town officials are required to conference with legal counsel, and the Town Board time spent conferring on legal options and status; and the Petition has disrupted ordinary Town business by requiring extra time of Town officials that should be spent on other Town priorities. Due to this delay and lack of notice, the Town will continue to be severely prejudiced and hampered in its efforts to respond to Petitioners’ allegations. The Court dismisses the Petition, under the doctrine of laches.” The dismissal is also “with prejudice” meaning that this issue may not be re-plead. Highlights from the Angola Village Board Meeting By Evelyn Eriksen The Village of Angola held a regular board meeting February 5th at 7:30. Richard Bartlett, a resident of Angola, was sworn in to The Zoning Board. He replaces William Farkas who tendered his resignation due to increased commitments to his education, work and family. Mr. Bartlett had previously expected to be sworn in as an alternate on the recommendation of Zoning Board Chairman Paul Cooper. The search for another alternate is on. The Village Trustees and Mayor Howard (Hub) Frawley thanked Mr. Bartlett for his availability, and for the work the village is expecting to tackle in the time ahead. Goya is on the agenda with the Zoning Board: it will meet on February 13th at 6:30 to discuss the newly proposed warehouse’s height. The Planning Department meets February 28th to discuss SEQR findings related to the project. Visitors Mayor Hub Frawley opened the floor to visitors. Resident Ron McPeek was interested in finding out how long the temporary permit was in effect for the manger scene on Main Street. He also asked the Mayor’s assistance in improving information flow from the departments to the paper of record, The Town Crier. He commented on the ribbon cutting ceremony at The Whistle Stop Bake shop, noting Mayor Frawley’s absence. Mayor Frawley responded that he was feeling ill which prevented him from attending. Mr. McPeek also asked for clarification of the demolition and Xpand situations regarding the K&L Building and the adjacent old bowling alley building. Mayor Frawley and Trustee Jonica DiMartino explained that the demolition of the building would be a plus due to the safety situation at the K&L Building, and the possibility of turning that property over to someone who would develop it free and clear of liens. A similar financial situation exists with the bowling alley building. The Mayor and other Trustees have met with Erie County officials very recently to discuss Xpand’s complicated role in releasing properties so the village board could more effectively promote their sale.Communications Mayor Frawley reports that Senator Dale Volker has secured a State of New York grant for the purpose of snow and disaster readiness in the Village. The $20,000 grant will allow for the purchase of a natural gas fueled generator. The generator would maintain safe conditions at the Village Hall and Angola Fire Hall in the event of an emergency or power outage. Disaster coordination and shelter will be improved given this new resource. Trustee Bill Houston thanked the Senator for his work on behalf of the village, and will write a letter to that effect. Mayor Frawley commented that the Town of Evans Police have a generator for emergency, but the Evans Town Hall currently does not. Trustee Bill Houston displayed a beautiful blue glass award which was given to the Village of Angola from the Angola Volunteer Fire Department at their recent 125th installation dinner. He said that he did attend the Whistle Stop Bake Shop’s grand opening celebration and that all the cookies he sampled were delicious. He said there are several meetings upcoming, including the South Town planning development meeting in Boston and the South Town’s Coalition in Eden. Last Thursday he attended a TLC (Lake Shore Hospital) meeting at the High School. In regards to the TLC meeting, he queried where we, as a village or town, would be given the weather conditions of this past week. He said that the 100 people at the TLC meeting would like Governor Spitzer to physically look at the situation with our community hospital. He commented that the three local people voted to keep Lake Shore Hospital, but representatives downstate did not. He explained that in State Senate Majority Leader Joseph Bruno’s home area of Albany there are two, small, closely located hospitals which were not touched. Mr. Houston commented on a meeting with Thomas Wik of the Erie County Water Authority. He explained the sense behind using a bond to purchase large projects in the long term as opposed to paying out large sums in the present. He said that bond purchases would provide for the residents who would enjoy the water lines to pay during the time of that usage. In addition, any pay out with a bond is done with cheaper dollars down the line. Trustee Mike Stockman reports the Depot Committee is working out the details for a raffle. They have secured a donation of a hockey stick from Buffalo Sabre’s player Max Afinigenov (#61). The Depot Committee’s next meeting is scheduled for February 19th at 7 pm. Trustee John Wilson reports that a CSX engineer and four crew inspected the bridge over Mill Street. As a train went over the bridge, the inspectors noted concrete falling. The 82’ high bridge will be a closely monitored project for Mr. Wilson. He will maintain a picture log of the project and will continue to keep everyone informed of its progress. Trustee Jonica DiMartino commented on how wonderful it was to see Fire Commissioners Jim Davis and Lynne Kaminski receive their awards at the Angola Fire Volunteers installation dinner. She thanked Jeff Kaminski, General Crew Chief and crew for their diligence and quick response to the potentially dangerous situations this past week. Mrs. DiMartino reported that the Angola Library will be holding its fundraiser April 22nd at the Evans Center Fire Hall. The library is fortunately past last year’s closing scare- there are many people to be thanked in those efforts- and the library through its efforts is now open on Saturday until 5 pm. Mr. Houston reiterated the praise for the DPW. He relayed, “Tell those street guys that they are great- right on top of everything.” Mayor Frawley concurred that the DPW has done another great job with he snow removal, and fixing a new water leak on Sunset. He expanded on his earlier comments on the Xpand properties and the county’s response to work done in the village and through Lori Szewczyk’s office. Frawley explained the financial situation as well as the code enforcement requirements for several buildings in the business district. He said that the village seems to be going into the real estate business, trying to find buyers. Frawley said it was critical that the Restore New York Grants and the release of liens be understood as the positives they are to future development of the sites. He then mentioned that he would meet in February with Senator Dale Volker, and Assemblyman Jack Quinn as he has in the past with Congressman Brian Higgins, regarding electrical power for Goya. Committee Reports Police Chief Puckhaber reports 399 calls, 27 traffic and parking tickets, 8 criminal arrests, and 24 reports filed for the month of January 2007. The Angola Police Department received a new vehicle this week and it will be on the road soon. Fire Commissioner Lynne Kaminski supplied the board with an insurance certificate for the Lake Shore High School Band’s Bottle and Can Drive. She thanked the board for the flowers for the installation dinner, and provided the receipt. Code Enforcement Supervisor Charles LaBarbera submitted his monthly report to the board and commented that clean up on properties continues despite the weather. Clerk Treasurer Linda Giancarlo reports that the continued efforts of Attorney Andrew Yusick have paid off in the amount of a check for $24,750. for the replacement of stairs at the Angola Fire Hall. The stairs were placed in 1996. Resolutions • Appointed Election Inspectors for the March 20 Village Election: Susan Peterson, Chairman, Theresa Jerozal, Diane Volker, Gary Tribula • Approved the water shut off on delinquent accounts totaling $14,048.10. • Approved the proposal of Village Engineer Donald Gallo for the Maple Street Water Line. The proposal provides for engineering expenses not to exceed $19,600., construction costs not to exceed $94,180. Funds for the water line project are from the Community Development Block Grant Award via Erie County. • Approved the use of the Gazebo and Centennial Park facilities by Kim Sunday on Saturday August 4, 2007 for the purpose of wedding ceremony and photo taking. • Approved the appointment of part time Police Officers: Thomas Crupe, Jr. and Douglas Tubinis. The officers start date is February 6, 2007. • Appointed an address for a new build as 27 Mesi Drive, SBL 251.07-3-28, per the request of Donald Cotter. • Appointed Richard Bartlett as a Zoning Board member effective immediately. • Appointed Clerk Treasurer Linda Giancarlo as Affirmative Action Officer for the Village of Angola. • Resolved that Clerk Treasurer Linda Giancarlo publish notice of a Public Hearing on Proposed Local Law #1 for the year 2007, entitled “Zoning Map.” The Public Hearing will be held on February 20th at 8 pm. • Resolved that Clerk Treasurer Linda Giancarlo publish Notice of a Public Hearing on Proposed Local Law #1-2007 entitled “Zoning Map” and #2-2007, entitled “Administration and Enforcement of the New York State uniform Fire Prevention and Building Code.” The Public Hearings will be held on February 28th at 5:00 and 5:05 pm respectively. All persons that so wish will be heard at Village of Angola Public Hearings. The next regular Village of Angola Board meeting will be held February 20th at 7:30 pm at the Village Hall. Visitors are always welcome to attend.
Highlights from the Evans Town Board Meeting By Evelyn Eriksen The Town of Evans Board met Wednesday February 7th at 7:30 pm. A Public Hearing was held in the course of the meeting to hear opinions and facts regarding the proposed building of a Verizon cellular communications tower. The tower was approved with conditions. A 125’ tower with secure building will be erected on the rise behind Monroe Muffler and brake, and the new Family Dollar in Derby. The increase in coverage and service will greatly improve communications from Jerusalem Corners, Wisconsin, and Old Lake Shore Road, along the lake front, and out into the lake. Daniel Silver, legal representative for Verizon, displayed graphics to show how the tower will appear, and the expected improved coverage areas. The board approved a Special Use Permit, with present and future use conditions including: a demolition bond, structural integrity inspections, emergency use by the Town of Evans, and providing antennae space, for the building of the monopole structure and shelter. No lights will appear on the tower, as the FAA does not require the red light unless the structure is 200’ high. Privilege of the FloorRobert Doering approached the board and asked why, with another out of town (New York City) meeting coming up for Town of Evans representatives, that some might travel to New York City on Saturday when the first meetings are scheduled for that Sunday afternoon. Supervisor Robert Catalino explained that the out of town meetings are great opportunities for our representatives to network, and not just attend the scheduled meeting sessions. He cited a single instance of one such meeting that ended with an estimate of over one hundred thousand dollars saved on health insurance because council members acted on tips and information received informally at an event attended prior to the scheduled meeting sessions. Communications A request for rezoning from Rural Residential (RR) to Residential (R-1) of four building lots at 8905 Lake Shore Road was submitted by letter from William Connors to the Evans Town Board. The board moved to forward the request to the Planning Department for review. Committee and Department Head Reports Council members Spence, Bartus and Cooper praised the work this past week of the Highway and Parks Departments for keeping the roadways safe and clear. Supervisor Catalino commended the efforts of Disaster Coordinator Lt. Charles Danzi. He thanked North Evans Volunteer Fire and Evans Center Fire for their resource in providing safe shelter during the intensity of the storm. He said, “That there were no serious accidents, aside from fender benders, and everyone was well taken care of. When we do have a storm, I’m confident that our town is well taken care of due to many people’s efforts.” Councilman Paul Cooper attended the installation dinners at Angola and Evans Center Fire Halls. He said that the companies are coming up on milestone celebrations- Angola at 125 years of service, and Evans Center for 75 years of service. He said that Dennis Allen was an example of an outstanding volunteer. Mr. Allen attended to 350 calls this past year. At nearly a call a day from one volunteer alone- the fire companies provide a priceless service and commitment to our community. Deputy Supervisor Councilman Karen Erickson provided figures for January from the Building Code Department of $3,837 in fees collected resulting in 21 new work permits. The value of the new and remodeled work totaled $417,462 dollars for the month. She noted that clearly there is a lot of improvement going on, even through the winter. Diana Cafferty, Receiver of Taxes and Assessments reported water receipts totaling $120,576. Carol Meissner, Town Clerk reports receipt of $10,641. for the month of January. Old Business A Special Use Permit renewal was granted to David Laskowski d/b/a D&L Trucking and Excavating. Fifteen conditions were place on the permit regarding site physical characteristics, plantings, driveways, building use, and storage. Resolutions • Confirmed the appointment of Councilman Kathy Bartus as Evans Representative to the Association of Erie County Governments. • Authorized Councilman Karen Erickson to attend the Association of Towns meeting in New York City February 17-21. • Reappointed Jeffrey White to a continued assignment to the Planning and Review Board. The new term will expire September 30, 2011. • Resolved to oppose an unfunded mandate, Revision of 19 NYCRR Part 1203- “Minimum Standards for Administration and Enforcement of the Uniform Code.” on the Town of Evans. The Town of Evans requests that the new regulations be rescinded, as they are not necessary or applicable in the Town of Evans. The resolution further calls for municipalities, like the Town of Evans, be given options for avoiding additional unfunded burdens imposed by these new regulations. A copy of the resolution was forwarded to Governor Spitzer, State Senate Majority Leader Joseph Bruno, and additional elected leaders. • Supported the NYS Assembly Bill Number 12114 to mandate stricter penalties for sex crimes perpetuated against children via the internet. A new law to be enacted from this Bill would be Article 495- Computer Sex Crimes Against Children, makes it a separate crime to use the internet to commit a sex crime against a child. It will initiate a more severe criminal penalty against the abusers of children. • Authorized Code Enforcement Officers Charles LaBarbera, Paul Ryerse, and Ron Milks to attend a continuing education conference in Rochester March 19-22. Code Enforcement Officers are required by NYS law to be certified, and to receive 24 hours of classroom training per year. • Approved the transfer of $49,000 in funds from the Equipment Reserve Fund for the purchase of communications equipment. The new telephone system will save the Town of Evans approximately $20,000 annually. • Authorized Supervisor Robert Catalino to enter the Town of Evans into a contract with Avaya Telephone System following the New York State Data Contract Pricing Agreement PT59503 effective immediately. • Approved the following licenses: Mobile Home Development - William R. Pfeil d/b/a Triton Valley Estates – Angola and Triton Valley Estates – Derby; Refreshment – Derrick W. Decker d/b/a Decker’s Corner LLC. The Board adjourned to their next Work Session – February 14 at 5 pm and their next Board Meeting Wednesday, February 21 at 7:30pm. Please help to keep the path to the mailbox clear Dear Editor, I am the Western New York District Manager of the Postal Service. I oversee the mail delivery and processing for the 140-149 ZIP Code area. Our district serves 3.6 million customers at 1.4 million business and residential addresses. The winter months are especially difficult for our 3200 city carriers, rural carriers and mail collectors. Snow and ice around mail and collection boxes make it hazardous for our employees to deliver and retrieve mail safely. That is why I’m appealing to all our customers. Please keep driveways, walkways, and porches clear of snow and ice if using a house-mounted mail box. If the box is at the curb, ensuring that snow does not prevent the carrier from reaching the box from his or her vehicle is helpful too. Last year, over 100 postal employees were injured on the job from trips, slips and falls. Not only is this traumatic for the employee, but it can be disruptive to service when an employee familiar with the route and area needs to be replaced due to an injury. Thank you for your consideration and assistance. And thanks for allowing us to provide you excellent customer service as safely as possible. Sincerely, Kimberly J. Peters WNY District Manager AHHA to Hold Meeting Our regular AHHA meeting is Wednesday, February 14th at the CAO Building. The meeting starts at 6:30 PM. Lots of exciting things going on... get a sneak peek of our new and improved walking tour booklet. It’s not to late to get your house included in the tour book, but time is running out! Not sure you have enough information about your house to be in the book? Bring what you have to the meeting or email it to either Charity at angolahome@adelphia.net or to Karen at kkenn78509@aol.com Information for the book should include the approximate year your house was built, along with any notable past residents (if any) or any interesting or unusual things you’ve found in your house. Hope to see everyone at the meeting! ECC to Conduct Baseball Clinics Erie Community College and Head Baseball Coach Joe Bauth will run their annual baseball clinics at Erie Community College, North Campus, on February 25 and March 11. Coach Bauth has amassed over 550 career victories during his tenure at ECC and has been named Region III and District A Coach of the Year several times. The details and dates of the clinics are: Erie CC Baseball Hitting Clinic February 25, 2007 10:00 AM - 1:00 PM Fee: $40.00 (Group Rate - 5 or more $30.00 each) Description: Players will be placed in groups based on age and skill level to improve their hitting skill through demonstration, instruction and participation in hitting drills designed to improve hitting skills of any skill level. Erie CC Baseball Mini Clinic March 11, 2007 9:00 AM - 3:00 PM 12:00—1PM (lunch break) not included Fee: $50.00 (Group Rate - 5 or more $40.00 each) Description: Mini Camp is designed to improve players’ skill in all phases of the game. The morning session will be set up for players to participate in all drills designed to improve hitting mechanics and technique. The afternoon session will involve the players in the four defensive positions and will include fundamentals in throwing mechanics, infield play, outfield play and catching. In both sessions players will be placed in groups based on age and skill level. Learn the fundamentals of the game and see skill development through many different drills designed to develop skill and hand-eye coordination. *** For more information on either of these clinics, contact Joe Bauth at 716-851-1290 or by email at Bauth@ecc.edu.
|
|
Did you know??? |
Don't Be Left in the
Dark!!! |
