Meeting #12 - 6/16/2004

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 247 Approve Minutes

Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of June 2, 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.

Richard Mott, 6838 Prescott Drive has a concern regarding sex offenders being placed in Family Promise Home at Route 5 and Bennett Road.

Phyllis Wyman, 8756 Lakeshore Road, would like a sign at Route 20, Route 5 and Old Lake Shore Road designating beaches and marina with an arrow straight ahead and how many miles and also a small sign that she would have done and put at Beach Road Old Lake Shore Road stating Welcome to Angola on the Lake.

Charles Militello, 6840 Prescott Drive, Derby asked if the Town Board would by resolution and roll call vote allow him to have a survey done at his expense at lake Erie Beach Park. He would want something in writing from the Town authorizing the survey.

RESOLUTION 248 Minor Subdivision Review Committee RE: Huddy minor subdivision SBL#205.00-1-30 located at St Pt & Lake Shore Road

Councilman Erickson moved and Councilman Govenettio seconded,

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WHEREAS: in a letter dated June 11, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Sabrina Huddy Minor Subdivision, and

WHEREAS: it has been determined that there will be no significant effect on the environment

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of adopts the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQRA negative declaration for the Sabrina Huddy minor subdivision (Addendum A SEQRA short environmental assessment form), a division of SBL#205.00-1-30, dividing a 15.88+/- acre parcel to create:

1. A 2.15+/- acre parcel with 250+/- feet of frontage on Sturgeon Point Road, and

2. A 13.73+/- acre parcel with 767.81+/- feet of frontage on Sturgeon Point Road

PETITIONERS: Sabrina Huddy, 6241 East Main Rd., Portland, NY 14769

AND BE IT FURTHER

RESOLVED: that a copy of this resolution be given to the Planning Office.

Carried.

RESOLUTION 249 Approve Huddy minor subdivision

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval, and

WHEREAS: the Evans Town Board, as Lead Agent, issued a negative declaration regarding the SEQRA process

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 Sabrina Huddy minor subdivision, dividing a 15.88+/- acre parcel known as SBL#205.00-1-30 to create:

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1. A 2.15+/- acre parcel with 250+/- feet of frontage on Sturgeon Point Road, and

2. A 13.73+/- acre parcel with 767.81+/- feet of frontage on Sturgeon Point Road

PETITIONERS: Sabrina Huddy, 6241 East Main Rd., Portland, NY 14769

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 250 Minor Subdivision Review Committee RE: Petch minor subdivision, 1290 St Pt Rd SBL#206.00-4-52.1

Supervisor Catalino moved and Councilman Erickson seconded,

WHEREAS: in a letter dated June 11, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Arthur and Susan Petch minor subdivision, and

WHEREAS: it has been determined that there will be no significant effect on the environment

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans adopts the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQRA negative declaration for the Arthur and Susan Petch minor subdivision (Addendum B SEQRA short environmental assessment form) a division of SBL#206.00-4-52.1, dividing a 98.4 +/- acre parcel to create:

1. An 8.18+/- acre parcel with 285+/- feet of frontage on Sturgeon Point Rd.,

2. An 78.74+/- acre parcel with 400+/- feet of frontage on Sturgeon Point Rd., and

3. Two 5.74+/- acre parcels with 200+/- feet of frontage on Sturgeon Point Rd.

PETITIONERS: Arthur & Susan Petch, 1293 Sturgeon Point Rd., Derby, NY 14047

AND BE IT FURTHER

RESOLVED: that a copy of this resolution be given to the Planning Office.

Carried.

Meeting #12

June 16, 2004

page 138

RESOLUTION 251 Approve Petch minor subdivision

Supervisor Catalino moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval, and

WHEREAS: the Evans Town Board, as Lead Agent, issued a negative declaration regarding the SEQRA process

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 Arthur and Susan Petch minor subdivision, dividing a 98.4+/- acre parcel known as SBL#206.00-4-52.1 to create:

1. An 8.18+/- acre parcel with 285+/- feet of frontage on Sturgeon Point Rd,

2. A 78.74+/- acre parcel with 400+/- feet of frontage on Sturgeon Point Rd., and

3. Two 5.74+/- acre parcels with 200+/- feet of frontage on Sturgeon Point Rd.

PETITIONERS: Arthur & Susan Petch, 1293 Sturgeon Point Rd., Derby, NY 14047

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 252 Minor Subdivision Review Committee RE: Petch minor subdivision, 1293 St Pt Rd SBL#221.00-1-46.1

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: it has been determined that there will be no significant effect on the environment

Meeting #12

June 16, 2004

page 139

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans adopts the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQRA negative declaration for the Arthur and Susan Petch minor subdivision (Addendum C SEQRA short environmental assessment form) a division of SBL#221.00-1-46.1, dividing a 50.64+/- acre parcel to create:

1. A 10.61+/- acre parcel with 210.05+/- feet of frontage on Sturgeon Point Rd., and

2. A 40.03+/- acre parcel with 475.24+/- feet of frontage on Sturgeon Point Rd.

PETITIONERS: Arthur and Susan Petch, 1293 Sturgeon Point Rd., Derby NY 14047

AND BE IT FURTHER

RESOLVED: that a copy of this resolution be given to the Planning Office.

Carried.

RESOLUTION 253 Approve Petch minor subdivision

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval, and

WHEREAS: the Evans Town Board, as Lead Agent, issued a negative declaration regarding the SEQRA process

NOW THEREFORE BE IT

1. A 10.61+/- acre parcel with 210.05+/- feet of frontage on Sturgeon Point Rd., and

2. A 40.03+/- acre parcel with 475.24+/- feet of frontage on Sturgeon Point Rd.

PETITIONERS: Arthur and Susan Petch, 1293 Sturgeon Point Rd., Derby NY 14047

Meeting #12

June 16, 2004

page 140

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 254 Minor Subdivision Review Committee RE: Pares minor subdivision, 704 Bennett Road SBL#220.00-1-34

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: in a letter dated June 3, 2004, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQRA process for the Lenn Lease Ltd./Estate of Donn Corey minor subdivision, and

WHEREAS: it has been determined that there will be no significant effect on the environment.

NOW THEREFORE BE IT

RESOLVED: that the Town Board of the Town of Evans adopts the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQRA negative declaration for the Lenn Lease Ltd./Estate of Donn Corey minor subdivision (Addendum D SEQRA short environmental assessment form) a division of SBL#220.00-1-34, dividing a 5.92+/- acre parcel to create:

1. A 3.46+/- acre parcel with 247.97+/- feet of frontage on Bennett Rd., and

2. A 2.46+/- acre parcel with 211.15+/- feet of frontage on Bennett Rd.

PETITIONER: Lenn Lease Ltd./Estate of Donn Corey, c/o Thomas C. Pares, Esq. 160 North St., Buffalo, NY 14201

AND BE IT FURTHER

RESOLVED: that a copy of this resolution ben given to the Planning Office.

Carried.

RESOLUTION 255 Approve Pares minor subdivision

Councilman Erickson moved and Councilman Bartus seconded,

Meeting #12

June 16, 2004

page 141

WHEREAS: the Town of Evans Minor Subdivision Review Committee has completed a review and recommended approval, and

WHEREAS: the Evans Town Board, as Lead Agent, issued a negative declaration regarding the SEQRA process

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 Lenn Lease Ltd/. Estate of Donn Corey minor subdivision, dividing a 5.92+/- acre parcel known as SBL#220.00-1-34 to create:

1. A 3.46+/- acre parcel with 247.97+/- feet of frontage on Bennett Rd., and

2. A 2.46+/- acre parcel with 211.15+/- feet of frontage on Bennett Rd.

PETITIONER: Lenn Lease Ltd./Estate of Donn Corey, c/o Thomas C. Pares, Esq. 160 North St., Buffalo, NY 14201

AND BE IT FURTHER

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

Carried.

RESOLUTION 256 Sandy Brant, Planning Div. RE: Hogg major subdivision located between Erie Rd. & Joyce Lane SBL#235.00-2-16

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: Ralph S. and Dean S. Hogg have applied for a 6-lot major subdivision on 10.25+/- acres located on Lake Street between Erie Rd. (a.k.a. NYS Route 5) and Joyce Lane, Angola SBL#235.00-2-16, and

WHEREAS: in a letter dated June 4, 2004, the Evans Planning Division has requested that the Town Board set a public hearing regarding the request of Ralph S. and Dean S. Hogg

NOW THEREFORE BE IT

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RESOLVED: that the Town Board of the Town of Evans authorize the Town Clerk to advertise for a public hearing to be held on August 4, 2004 at 7:50pm for the consideration of said subdivision request

AND BE IT FURTHER

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

Carried.

Councilman Csati thanked Don Latimore and Dan Carriero Sr. for fabricating and installing the flagpole in Fireman=s Memorial Park. He also presented a Parks Department report.

Councilman Govenettio reported that Edmund Gleason is getting action regarding the problems he has reported to the Town Board about his property.

Supervisor Catalino reported that Sandra Brant, Planning Division Chairman will be receiving the Home Town Planner Award on June 29, 2004 from the American Planning Association.

RESOLUTION 257 Committee and Department Head reports

Supervisor Catalino moved and Councilman Erickson seconded to accept the Committee and Department Head reports as follows:

Carol A. Meissner, Town Clerk:

Petty Cash -$0.00-

May 2004 monthly report $9,043.82

Diana A. Cafferty, Receiver of Taxes & Assessments:

May 2004 water receipts $94,542.43

May 2004 Duplicate bills $ 75.00

May 2004 Interest $ 25.80

VOTE RESULT: Supervisor Catalino aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati aye

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June 16, 2004

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RESOLUTION 258 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 259 Appt of Lifeguards

Councilman Csati moved and Councilman Bartus seconded,

RESOLVED: that the following individuals be appointed to the position of lifeguard; to be paid the designated rate of pay; to be called as needed:

Ben Farley, 9878 Shorecliff, Angola $7.50per hour

Patrick Murphy, 664 Monro, Angola $7.50 per hour

Kimberly Covino, 1645 South Creek, Derby $7.25 per hour

Madison Hanley, 355 Roat, Angola $7.25 per hour

Alex Haungs, 1333 Peppertree, Derby $7.25 per hour

Elizabeth Weber, 9022 Joyce Lane, Angola $7.25 per hour

James Castle, 9026 Joyce Lane, Angola $6.90 per hour

Britney O=Connor, 8812 Lake Shore, Angola $6.90 per hour

Joshua O=Connor, 6789 Derby Rd., Derby $6.90 per hour

Stephanie Polakiewicz, 6780 Wayne, Derby $6.90 per hour

Jeremy West, 6783 Black, Derby $6.90 per hour

Andrew Wincenciak, 7588 Depot, Derby $6.90 per hour

Alicia Beck, 12 Ward, Angola $6.50 per hour

Jonathan DeVoy, 7238 Versailles, Derby $6.50 per hour

Sean Farrell, 7035 Potter, Derby $6.50 per hour

Derek Greiner, 8175 Erie, Angola $6.50 per hour

Laura Klopp, 1280 Wisconsin, Derby $6.50 per hour

Brittany Schmidle, 90 South Lane, Angola $6.50 per hour

Mary Veith, 6622 Lake Shore, Derby $6.50 per hour

VOTE RESULT: Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Supervisor Catalino aye

Meeting #12

June 16, 2004

page 144

RESOLUTION 260 Appt of Lifeguard Captains and Alternate Lifeguards

Councilman Csati moved and Councilman Bartus seconded,

RESOLVED: that the following be appointed to the position of Lifeguard Captain; to be paid the designated rate of pay; to be called as needed:

Kimberly Covino, 1645 South Creek, Derby $7.75 per hour

Ben Farley, 9878 Shorecliff Derby $8.00 per hour

Patrick Murphy, 664 Monro, Angola $8.00 per hour

Andrew Wincenciak, 7588 Depot, Derby $7.40 per hour

Madison Hanley, 355 Roat, Angola $7.75 per hour

AND ALSO

RESOLVED: that the following individuals be appointed to the position of alternate lifeguard; to be called as needed; to be paid the designated rate of pay:

Matthew Baczkowski, 9680 Oakgrove, Angola $7.25 per hour

Laureen Valtin, 9619 Northfield, Angola $6.50 per hour

VOTE RESULT: Councilman Csati aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Supervisor Catalino aye

RESOLUTION 261 Appt of Laborer/Gateguard/Nightwatchmen

Councilman Bartus moved and Councilman Govenettio seconded,

RESOLVED: that Philip Csati of Angola and Tara Johnson of Angola and Michael Ralph of Derby be appointed to the position of Laborer/Gateguard/Nightwatchmen; to be paid the rate of $6.00 per hour; to be called as needed.

VOTE RESULT: Councilman Bartus aye

Councilman Govenettio aye

Councilman Erickson aye

Councilman Csati abstain*

Supervisor Catalino aye

*abstain for Philip Csati - aye for the rest.

Meeting #12

June 16, 2004

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RESOLUTION 262 Schedule PH for PLL #7 (change speed limit on Versailles Plank Road)

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: a speed study was conducted on Versailles Plank Road in the Town of Evans;

THEREFORE BE IT

RESOLVED: that a public hearing be scheduled on August 4, 2004 at 8:00pm to consider Proposed Local Law #7 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 Versailles Plank Road from Sturgeon Point Road to Route No. 20 to 40 mph.

Carried.

RESOLUTION 263 Change Sturgeon Point Marina Rules & Regulations

Councilman Govenettio moved and Councilman Bartus seconded,

WHEREAS: the Sturgeon Point Advisory Board feels that several safety issued needs to be addressed regarding water slip renters and water slips at the Sturgeon Point Marina;

BE IT

RESOLVED: that the following changes and additions be made to the Sturgeon Point Marina Rules and Regulations:

Section 3 - add the following sub-paragraphs:

a) Only electrical cords that are U/L approved for marine use will be allowed.

b) Craft must be secured by a minimum of 2 inch twisted or braided marine rope

c) An adequate number of fenders must be one each side of the vessel

d) Emergency telephone numbers must be on file at the launch ramp

e) All mooring covers need to be securely fastened to the vessel

Section 8 - modify the following:

1) re-name sub-paragraph b to c

2) re-name sub-paragraph a to b

3) add the following as sub-paragraph a:

Upon written notice, any violation of the Rules and Regulations not corrected in a timely manner may result in revocation of Marina permit.

Supervisor Catalino moved and Councilman Govenettio seconded to grant a Fireworks License to Michael and Deborah Slawinski contingent upon approval of the Chief of Police.

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:

Supervisor Catalino moved and Councilman Erickson seconded to adjourn to a Work Session on Wednesday, June 23, 2004 at 5:30pm and then to the next regular Town Board meeting to be held on Wednesday, July 7, 2004 at 7:30pm.