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Meeting #10 May 19">
Meeting #10 May 19, 2004 page 117 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, May 19, 2004 at
7:30pm there were PRESENT ALSO
PRESENT
Carol A.
Meissner
ABSENT RESOLUTION 210 Approve minutes Councilman Erickson moved and Councilman Bartus
seconded that the reading of the minutes of the meeting of May 5, 2004 be
dispensed with and approved as submitted by the Town Clerk. Carried. Councilman Govenettio presented a plaque to the North
Evans Fire Company. Councilman Erickson extended the privilege of the
floor to any and all persons present. Joe Mackenburg, 9174 Meadow Lane, of the Lake Bay
Community Association is requesting a letter from the Town of Evans Board
granting permission for ten (10) banners to be placed on telephone poles
from Town Park to Wilson Road. Robert Palmer, 1780 Eden Evans Center Road wanted to
know if the Town Code and Comprehensive Plan were on the website. -The Town of Evans has 12 miles of beachfront and the
property values are dropping and yet in Eden they have no waterfront
property and their values are rising. -What is the Town doing to prevent the increase in
the thruways tolls for the Town of Evans. RESOLUTION 211 Dean Case, Representative for the
Bay Point residents RE: stench/odor from the Erie County Sewer treatment
facility Meeting #10 May 19, 2004 page 118 Councilman Erickson moved and Councilman Govenettio
seconded to refer the communication from Dean Case, representing the Bay
Point residents to Gifford Swyers to take care of. Carried. Councilman Csati reported the following: -Sturgeon Point Marina is now open -employees are working on preparing the Town Park -the flagpole is up at Memorial Park -Councilman Bartus reported on the following: -there is a delay for the Multi-Use Pathway to secure
the necessary easements -there will be a public information meeting in June
for the multi-use pathway -NYSDOT has been notified that the new sidewalks on
Rt 5 have been crumbling -there will be a interim adjustment to the signal
light at Rt 5 and Beach Rd with a longterm plan of creating a left turn
lane -Rt 5 taskforce (Rt 5 calming project) will be
holding a meeting June 2, 2004 at Frontier Education Board room at 4pm -June 26, 2004 at ECC South there will be an
electronics drop-off Councilman Govenettio reported on the following: -the replacement bridge will be postponed until 2005
at Lake St & Lake Shore Road -Highway Department will create a parking area at 18
Mile Creek fishing access Councilman Erickson reported on the following: -$300,000 grant money has been committed to by New
York State to continue with the Sturgeon Point Bluffs project -Preliminary meeting will be held in June for
multi-use pathway RESOLUTION 212 Town Officials reports Councilman Erickson moved and Councilman Csati
seconded to accept as presented the reports of Town Officials as follows: Diana Cafferty, Rec. of Taxes: Water receipts for April
$93,210.39 Duplicate bills - April
74.00 Savings Acct Interest-April
15.65 Meeting 310 May 19, 2004 page 119 VOTE RESULT: Councilman Erickson aye Councilman Csati aye Councilman Govenettio aye Councilman Bartus aye At this time 7:50pm, as duly advertised in the Town
Crier, official newspaper of the Town of Evans a public hearing
is scheduled, for the consideration of the adoption of Proposed Local Law
#3 of the year 2004 for the rezoning of 8814 Erie Road, Angola, New York
from (NB) Neighborhood to (GB) General Business. There being no one wishing to speak the public
hearing was closed 7:57pm. RESOLUTION 213 Adopt PLL #3 of the year 2004 as LL
#2 of the year 2004 (rezone 8814 Erie Road, Angola) Councilman Erickson moved and Councilman Govenettio
seconded, WHEREAS: David Burke, Jr. has requested a
rezoning for the purpose of constructing a 9,100 square foot Dollar
General retail store, located at 8814 Erie Rd., Angola, NY, SBL#235.00-2-43,
and WHEREAS: the Town Board of the Town of Evans has
held a public hearing for consideration of the rezoning of a 7+/- acre
parcel from Neighborhood Business (NB) to General Business (GB), and WHEREAS: in a letter dated April 30, 2004, the
Town of Evans Planning Board has unanimously voted to recommend the
rezoning of said property based on the following reasons !the
project appears to be consistent with the Town of Evans Comprehensive Plan !The
rezoning of this site will remove site design impediments, enabling the
applicant to develop a building of a size and scale sufficient for their
needs. !The
project will provide a benefit to the surrounding community and complement
the existing mix of businesses, and !The
project is not expected to result in any undo traffic impacts, adverse
impacts natural resources or adverse changes to the character of the
surrounding community, and WHEREAS: the Town of Evans Planning Board has
recommended the following condition be placed on the approval of this
action: May 19, 2004 page 120 !The
validity of this rezone action be subject to future site plan approval by
the Planning Board for the proposed project, and WHEREAS: the Planning Board also found no
apparent significant environmental concerns, and recommends a SEQRA
negative declaration NOW THEREFORE BE IT RESOLVED: that Proposed Local Law #3 of the year
2004 regarding the above rezoning of part of SBL#235.00-2-43 be adopted as
Local Law #2 of the year 2004, and BE IT FURTHER RESOLVED: that the rezoning be subject to the
above-referenced condition, as recommended by the Planning Board, and BE IT FURTHER RESOLVED: that a copy of this resolution be given
to the Planning Office the Assessor=s
Office and the Building Department. VOTE RESULT: Councilman Erickson aye Councilman Govenettio aye Councilman Bartus aye Councilman Csati aye RESOLUTION 214 PLL #3 of the year 2003
(Recreation/Greenspace fees); Establish Recreation/Greenspace fees; PLL
#1 of the year 2004 (8563 Erie Rd., Angola from R-1 to GB or MS) Councilman Erickson moved and Councilman Govenettio
seconded that Proposed Local Law #3 of the year 2003 (Recreation/Greenspace
fees); Establish Recreation/Greenspace fees; Proposed Local Law #1 of
the year 2004 (8563 Erie Rd., Angola from R-1 to GB or MS) remain under
old business on the agenda. Carried. RESOLUTION 215 Appt of part-time senior van driver Councilman Erickson moved and Councilman Csati
seconded, Meeting 310 May 19, 2004 page 121 RESOLVED: that the Town Board of the Town of Evans
appoint Anthony Vicaretta, 9645 Quebec, Angola, NY 14006 as a part time
senior van driver to be paid an hourly rate of $7.00 per hour starting
date of Amy 21, 2004. VOTE RESULT: Councilman Erickson aye Councilman Csati aye Councilman Govenettio aye Councilman Bartus aye RESOLUTION 216 Amend LL #2 of the year 2004 (8814
Erie Road rezoning) Councilman Erickson moved and Councilman Govenettio
seconded to amend Local Law #2 of the year 2004 to add BE IT FURTHER RESOLVED: that the Town Board issues a negative
SEQR declaration relative to this project. VOTE RESULT: Councilman Erickson aye Councilman Govenettio aye Councilman Bartus aye Councilman Csati aye VOTE RESULT Councilman Erickson aye ON ORIGINAL Councilman Bartus aye AS AMENDED: Councilman Csati aye Councilman Govenettio aye RESOLUTION 217 Appt of an electrician to be called
as needed Councilman Csati moved and Councilman Bartus
seconded, RESOLVED: that Timothy Clark be appointed to the
position of electrician; to be paid $10.00 per hour; to be called as
needed. VOTE RESULT: Councilman Csati aye Councilman Bartus aye Councilman Govenettio aye Councilman Erickson aye Meeting 310 May 19, 2004 page 122 RESOLUTION 218 Appt of laborer/gateguard/nightwatchmen Councilman Csati moved and Councilman Govenettio
seconded, RESOLVED: that the following individuals be
appointed to the position of laborer/gateguard/nightwatchman; to be paid
the designated rate of pay; to be called if needed: Donald Cook, 6687 Erie Road, Derby $6.50 per hour Kelly Sargent, 353 Wilson Road, Angola $6.50
per hour Kim Sexton, 356 Kennedy Ave., Angola $6.50
per hour Meagan Valtin, 9619 Northfield, Angola
$6.50 per hour Janelle Maiorana, 1323 Crescent Dr., Derby $6.25
per hour Nicole Ziolkowski, 313 Eastwood Ave.,
Angola $6.25 per hour Matthew Markott, 883 Bennett Road, Angola $6.25 per
hour Wayland Whittinghill IV, 316 Lakeside, Angola $6.00
per hour Daniel Ramsey, 357 Taft Ave., Angola $6.00 per hour Ashley Sullivan, 7231 Versailles Plank, Derby $6.00
per hour Shea Rayhn, 77 South Lane, Angola $5.75 per hour Matthew Baczkowski, 9680 Oak Grove, Angola
$5.75 per hour Mark Mungovan, 1353 Sturgeon Point, Derby $5.75 per
hour Brian Galfo, 33 Longbeach Lane, Angola $5.50
per hour John Maiorana, 1323 Crescent Dr., Derby $5.50
per hour Darrah Vona, 6585 Lake Shore Road, Derby $5.50 per
hour Jeremy Labenski $5.50 per hour Jake Grassi, Angola $5.50 per hour VOTE RESULT: Councilman Csati aye Councilman Govenettio aye Councilman Bartus aye Councilman Erickson aye RESOLUTION 219 Water bill adjustment Councilman Govenettio moved and Councilman Bartus
seconded, RESOLVED: that an adjustment be made to the
following account because of a water leak: Theresa Dentice, 6798 Prescott Drive Account #01050710 Adjustment: $47.15 Meeting #10 May 19, 2004 page 123 VOTE RESULT: Councilman Govenettio aye Councilman Bartus aye Councilman Csati aye Councilman Erickson aye RESOLUTION 220 Budget amendment to reflect Grant
revenues for Rapid Deployment Equipment in the amount of $5,000.00 Councilman Bartus moved and Councilman Govenettio
seconded, WHEREAS: the Town of Evans Police Department has
received a grant in the amount of $5,000 for the purchase of Rapid
Deployment Equipment, and WHEREAS: the 2004 Budget needs to be amended to
reflect the change in grant revenue and corresponding expenditures, THEREFORE BE IT RESOLVED: the 2004 Budget is hereby amended with
$5,000 being added to revenue code B3824
ARapid Deployment
Grant@ and $5,000
being added to expenditure code B3120.246"Rapid Deployment Equipment
Purchases@. VOTE RESULT: Councilman Bartus aye Councilman Govenettio aye Councilman Csati aye Councilman Erickson aye RESOLUTION 221 Authorization for design of a
Sanitary & Floor Drain Treatment System at the Evans Highway Garage Councilman Erickson moved and Councilman Csati
seconded, WHEREAS: the Town of Evans Highway Garage
requires a Sanitary and Floor Drain Treatment System that is properly
designed to comply with NYS DEC requirements THEREFORE BE IT RESOLVED: that Wendel Duchscherer is hereby
authorized to proceed with design of sanitary and floor drain treatment
system at a fee not to exceed $6,500 and the Supervisor is hereby
authorized to sign any necessary documents. Meeting #10 May 19, 2004 page 124 VOTE RESULT: Councilman Erickson aye Councilman Csati aye Councilman Bartus aye Councilman Govenettio aye RESOLUTION 222 Update of Erie County Personnel
records for the position of School Crossing Guard part-time Councilman Govenettio moved and Councilman Csati
seconded, WHEREAS: the Town of Evans Police Department
employs a part-time School Crossing Guard to assist our schoolchildren and
other residents, and WHEREAS: in order to update our records with Erie
County Department of Personnel it is required that a
APO-17" be
completed for this position THEREFORE BE IT RESOLVED: that position of
ASchool Crossing
Guard PT@ is
hereby created in accordance with NYS and Erie County Civil Service rules
and regulations, and BE IT FURTHER RESOLVED: that George Salim is hereby re-appointed
to said position at his current rate of pay. Carried. RESOLUTION 223 Town License Councilman Erickson moved and Councilman Govenettio
seconded to approve the application for a refreshment license for K-May
Corp. D/B/A Grandview Super Freez contingent upon the approval of the
Department of Health and the Chief of Police. VOTE RESULT: Councilman Erickson aye Councilman Govenettio aye Councilman Bartus aye Councilman Csati aye RESOLUTION 224 Audit of Bills Meeting #10 May 19, 2004 page 125 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 of this date GENERAL 930-1055 48,620.69 PART TOWN 930-1055 14,085.02 HIGHWAY 930-1055 23,679.32 WATER 930-1055 5,563.84 CAPITAL PROJECTS 930-1055 4,401.24 SPECIAL DISTRICTS 930-1055 69,261.22 VOTE RESULT: Councilman Csati aye Councilman Govenettio aye Councilman Bartus aye Councilman Erickson aye RESOLUTION 225 Adjournment Councilman Erickson moved and Councilman Csati seconded
to adjourn tonights meeting to a worksession on Wednesday, May 26, 2004 at
7:00pm and to a regular scheduled meeting on Wednesday, June 2, 2004 at
7:30pm. Carried. Respectfully submitted, Carol A. Meissner Town Clerk |