Meeting #11 - 6/2/2004

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, June 2, 2004 at 7:30pm there were

RESOLUTION 226 Approve minutes

Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of May 19, 2004 be dispensed with and approved as submitted by the Town Clerk.

Carried.

Supervisor Catalino extended the privilege of the floor to any and all persons present.

Edmund Gleason, 7414 Southwestern Blvd. thanked the Chamber of Commerce for the flowers planted at the sign AWelcome to the Town of Evans@.

-commented on the 2 rusty beams & 6 foot high pile of manure on the neighboring property

-commented that the 2 acre pond on the neighboring property is full of water and flooding his yard

Sheri Hahn, 603 Fulton Ave., complained about the stench from Erie County Sewer over the weekend and it still has not been taken care of.

-Thanked the police department for the additional patrols in the Lake Bay area

George Antholzner complained that the Town of Evans looks the same as last year with the junk cars in the same locations.

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Joe Mackenburg, 9174 Meadow Lane, requested a letter from the Town regarding the approval for Verizon for the Grandview Bay Community Association to place ten (10) banners in the Grandview Bay area on telephone poles.

Supervisor Catalino read the communication from Donald Zogaria requesting to have the speed limit lowered on Sturgeon Point Road.

RESOLUTION 227 Patricia McCadden RE: request to purchase section of Schuyler Dr.

Supervisor Catalino moved and Councilman Govenettio seconded to refer the communication from Patricia McCadden requesting to purchase a paper street adjacent to her lot on Schuyler to the proper department heads.

Carried.

RESOLUTION 228 Sandra Brant, Planning Board RE: White/Warthling minor subdivision (8234 Lake Sh ore Road)

Councilman Erickson moved and Councilman Govenettio seconded,

RESOLVED: to refer the minor subdivision application of Jeffrey White and William Warthling for 8234 Lake Shore Road to the Planning Board for further review and recommendation.

Carried.

RESOLUTION 229 Sandra Brant, Minor Subdivision Review Committee RE: Burke minor subdivision (8814 Erie Road)

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: in a letter dated May 21, 2004 the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval, and

WHEREAS: the SEQR negative declaration from the previous rezoning of this property issued by the Evans Town Board is still sufficient and valid for this action.

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans hereby adopts the findings of the Town of Evans Minor Subdivision Review Committee and approves the David B. Burke, Jr. Minor Subdivision, dividing a 7.01+/- acre parcel known as SBL#235.00-2-43 to create:

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1. A 3.23+/- acre parcel with 219.72+/- feet of frontage on Erie Rd., and

2. A 3.78+/- acre parcel with 303.93+/- feet of frontage on Erie Rd.

PETITIONER: David B. Burke, Jr., 724 Lake St., Angola, NY 14006

AND BE IT FURTHER

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

Carried.

RESOLUTION 230 Mary Whelan RE: request a water bill adjustment

Supervisor Catalino moved and Councilman Erickson seconded to receive and file the communication from Mary Whelan requesting a water bill adjustment.

Carried.

RESOLUTION 231 Dan Christopher & Tom Mehok RE: request assistance with a drainage problem between their property on Derby Road

Supervisor Catalino moved and Councilman Bartus seconded to refer the communication from Dan Christopher and Tom Mehok requesting assistance with a drainage problem on Derby Road to Ed Michalski, Highway Superintendent.

Carried.

RESOLUTION 232 Sandra Brant, Planning Division RE: rezoning for 8814 Erie Road (David Burke Jr.) from NB to GB (PLL #5)

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: in a letter dated March 26, 2004, David B. Burke requested that the Town Board of the Town of Evans rezone a 7.0+/- acre parcel located at 8814 Erie Rd. (a.k.a. NYS Route 5), Angola, SBL #235.00-2-43, from Neighborhood Business (NB) to General Business (GB) for the purpose of constructing a 9,100 square foot Dollar General retail store, and

WHEREAS: the Town Board of the Town of Evans held a public hearing and approved the rezoning of the property from (NB) Neighborhood Business to (GB) General Business, and

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WHEREAS: the legal description to advertise that public hearing was incorrect, describing only a portion of the property to be rezoned, and

WHEREAS: in a letter dated May 28, 2004, the Evans Planning Division has requested that the Town Board set anther public hearing regarding said rezoning using the correct legal description of the property.

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 7, 2004 at 8:00pm 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, the Assessor=s Office and the Building Department.

Carried.

Councilman Govenettio thanked the Police Chief for responding to all the requests.

Councilman Erickson reported on the following:

-the Bridge at Lake St. and Lake Shore Road will not be repaired this season and it should be repaired in 2005; and it is safe

-There was a Rt. 5 traffic calming study meeting held today and there were many town representatives. Feels it is a done deal.

Supervisor Catalino thanked Assistant Chief Slawinski for meeting with him and some residents of the Point Breeze area regarding 4-wheelers, motorized scooters and vehicles.

-there is a possibility of bike patrol in the Point Breeze area

-Mayor Carlson, Village of Angola, VFW, American Legion hosted the Memorial Day Parade in the Village on Monday.

-Taste of Evans meeting will be June 10^th at Chick=s Restaurant at 8pm

RESOLUTION 233 Committee and Department Head reports

Supervisor Catalino moved and Councilman Govenettio seconded to accept as presented the Committee and Department Head reports.

Carried.

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RESOLUTION 234 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)

Supervisor Catalino moved and Councilman Erickson seconded that Proposed Local Law #3 of the year 2003 (Recreation/Greenspace fees); Establish Recreation/Greenspace fees and 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 235 Water bill adjustments

Councilman Govenettio moved and Councilman Bartus seconded,

RESOLVED: that an adjustment be made to the following accounts due to a water leak.

Mary C Whelan, 6679 Revere Dr.

Account #01010230 Adjustment: $136.53

Ralph Basile, 9200 Lakeside

Account #02010730 Adjustment: $263.43

VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 236 Appt of Laborer/Gateguard/Nightwatchmen

Councilman Govenettio moved and Councilman Bartus seconded,

RESOLVED: that the following be appointed to the position of laborer/gateguard/nightwatchman; to be paid the designated rate of pay; to be called as needed:

Monica Ezzo, 9504 Lake Shore Rd., Angola $6.50 per hour

Brent Garner, 37 Grove St., Angola $6.00 per hour

Michael Ruggiero, 7003 Putnam Dr., Derby $6.00 per hour

Patrick Murphy, 664 Monroe Ave., Angola $6.00 per hour

Joshua Bateman, 660 Beach Road, Angola $5.75 per hour

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VOTE RESULT: Councilman Govenettio aye

Councilman Bartus aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 237 Appt of part time Police Officer

Councilman Govenettio moved and Councilman Erickson seconded,

RESOLVED: that Thomas J. Crupe, 48 Glenwood Ave., Angola, NY is hereby appointed as part-time Police Officer at the current rate of $14.40 an hour, $15.45 (midnight shift) per hour, pending new employee psychological and chemical evaluation.

VOTE RESULT: Councilman Govenettio aye

Councilman Erickson aye

Councilman Bartus aye

Supervisor Catalino aye

RESOLUTION 238 Appt of part time Dog Control Officer

Councilman Bartus moved and Councilman Govenettio seconded,

RESOLVED: that Joseph Gian, 6828 Derby Rd., Derby, NY is hereby appointed as part-time Dog Control Officer at the rate of $9.50 per hour.

VOTE RESULT: Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 239 File an application for funds from NYS Office of Parks, Recreation & Historic Preservation for the construction of multi-use pathway from Town Park to Lake Erie Beach park

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: the Town Board of the Town of Evans fully supports the creation of the Evans Multi-Use Pathway adjacent to the Lake Shore Road, and

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WHEREAS: the proposed pathway will enhance public access to Lake Erie and the Seaway Trail, a National Scenic By-Way, improve recreational and tourism opportunities for residents of the Town of Evans and visitors to our community, and therefore be a significant asset of the community, and

WHEREAS: the establishment of a multi-use trail system along the waterfront is also supported by the public and by Erie County, and is in conformance with the Town=s Comprehensive Plan and the Town=s Local Waterfront Revitalization Program, and

WHEREAS: there is currently no safe or convenient pedestrian and bicycle access along the lakeshore in the Town of Evans.

BE IT FURTHER

RESOLVED: that Robert R. Catalino, II, as Supervisor of the Town of Evans, is hereby authorized and directed to file an application for funds from the New York Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Federal Land and Water Conservation Fund Act of 1965 in an amount not to exceed $700,000, and upon approval of said request to enter into and execute a project agreement with the construction of a multi-use trail between Evans Town Park and Lake Erie Beach Park, and if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.

Carried.

RESOLUTION 240 Suspend the Rules of Order for the Conduct of Business of Evans Town Board meetings.

Supervisor Catalino moved and Councilman Bartus seconded to suspend the rules of order for the conduct of business of Evans Town Board meetings.

VOTE RESULT: Supervisor Catalino aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

RESOLUTION 241 Amend Res #5 of the year 2004

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Supervisor Catalino moved and Councilman Erickson seconded to amend the Organizational meeting minutes of January to reflect the change of the meeting date of July from the 2^nd Wednesday, to the 1^st Wednesday.

VOTE RESULT: Supervisor Catalino aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

RESOLUTION 242 Schedule PH for PLL #6 (no parking on section of N Main St)

Councilman Erickson moved and Councilman Govenettio seconded,

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 7, 2004 at 8:10pm for the consideration of Proposed Local Law #6 of the year 2004 which will amend Local Law #1 of the year 1993 commonly known as the Vehicle and Traffic Law and any amendments thereto, Town Code Chapter 193-16, Article III Parking Prohibited at all Times and 193-44, Article VIII, Schedule XI to add:

Name of Street Side Location

North Main Street West Gold Street to the intersection of N.Y.S. Route #5

Carried.

RESOLUTION 243 Schedule PH for PLL #4 (speed limit on St Pt Rd)

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: a speed study was conducted on Sturgeon Point Road in the Town of Evans;

THEREFORE BE IT

RESOLVED: that a pubic hearing be scheduled on July 7, 2004 at 7:50pm to consider Proposed Local Law #4 of the year 2004, which would amend the Code of the Town of Evans, Chapter 193 Vehicles and Traffic, Section 193-35, Schedule II: Speed Limits, to lower the speed limit on Sturgeon Point Road from Old Lake Shore Road to Route No. 20 to 40 mph.

Carried.

Supervisor Catalino moved and Councilman Bartus seconded to grant the town license applied for by Cynthia L. Sikorski D/B/A Old World Café= for a refreshment business upon the approval of the Chief of Police and the Department of Health.

Councilman Erickson 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

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to a work session to be held on June 9, 2004 at 5:00pm and then to the next regular scheduled Town Board meeting on Wednesday, June 16, 2004 at 7:30pm