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

Thomas A. Csati Councilman
  Joseph F. Govenettio Councilman

 

Kathleen A. Bartus Councilman
  Karen E. Erickson Councilman

ALSO PRESENT

Carol A. Meissner    

Town Clerk
  J. Grant Zajas Town Attorney

ABSENT

Robert R. Catalino, II Supervisor


 

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

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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:


Meeting 310

May 19, 2004

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!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