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Meeting #13 July 7">
Meeting
#13 July 7,
2004 page
147 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, July 7, 2004 at 7:30pm there were: PRESENT ALSO
PRESENT
Carol A.
Meissner RESOLUTION 267
Approve minutes Supervisor Catalino
moved and Councilman Bartus seconded that the reading of the minutes of
the meeting of June 16, 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. Peter Bogulski,
Larkin Road, is against the expansion of Sturgeon Point Park/Marina as it
is beautiful already and feels it is the last of the unspoiled
waterfront. Questioned whether the Supervisor is on the Sewer Board and
if the Town is aware how much raw sewage is being pumped into Lake Erie
from the sewage treatment plant which causes the closing of the area
beaches when it rains
2
inch or more. Bob Catalano,
Larkin Road, Derby agrees with Mr. Bogulski because the sewer treatment
plant was built over 50 years ago and it is outdated and requests the Town
Board to urge the County Legislators to clean up the lake and update sewer
treatment and test the lake on a monthly basis at the mouth of the creek
not waist deep for an accurate count. Concerned about Route 5 traffic
calming in Hamburg. Opposed to the expansion of Sturgeon Point Marina
because he feels it is not compatible with an eagle landing. Charles Militello,
6840 Prescott, Derby is concerned about convicts/sex offenders as
residents at Family Promise Home, parking and size of the lot. Questioned
if the contact persons for the Route 5 traffic calming would be published
in the town paper and Pennysaver so that people can contact them to
express their opinions. Meeting #13. July 7, 2004 page 148 At this time 7:50pm
is scheduled a public hearing as duly advertised in the Town Crier,
official newspaper of the Town of Evans to consider the adoption of
Proposed Local Law #4 of the year 2004 to change the speed limit on
Sturgeon Point Road to 40 m.p.h. from Old Lake Shore to Route 20. Supervisor Catalino
mentioned that he received a letter from Mr & Mrs Bud Ivy opposing the
adoption of Proposed Local Law #4 of the year 2004. The following
people spoke in favor: Jean Pauley, 1260
Sturgeon Point Road Tom Mroz, 1779
Sturgeon Point Road Bob Langdon, 7794
Decker Road Cathy Zogaria, 1395
Sturgeon Point Road The following
people spoke in opposition: Robert Catalino,
Derby At this time 8:00pm
a public hearing is scheduled as duly advertised in the Town Crier,
official newspaper of the Town of Evans to consider the adoption of
Proposed Local Law #5 of the year 2004 to rezone 8814 Erie Road from
Neighborhood Business (NB) to General Business (GB). There was no one
wishing to speak. RESOLUTION 268
Negative Declaration for PLL #5 Supervisor Catalino
moved and Councilman Csati seconded, WHEREAS: David
Burke, Jr. has requested the rezoning of 7+/- acres from Neighborhood
Business (NB) to General Business (GB), located at 8814 Erie Rd. (a.k.a.
NYS Route 5), Angola, NY, also known as part of SBL#235.00-2-43, and WHEREAS: the
Town of Evans Planning Board and the Town Engineer have reviewed the
Environmental Assessment Form for the rezoning of said 7+/- acres, and
have determined that there will be no significant effect on the
environment, and have recommended the issuance of a SEQRA negative
declaration NOW THEREFORE BE IT Meeting #13 July 7, 2004 page 149 RESOLVED: that
the Town Board of the Town of Evans adopts these findings and issues a
negative declaration in accordance with the SEQRA requirements for David
Burke, Jr., 724 Lake St., Angola, NY 14006 (Addendum A SEQRA long
environmental assessment form). AND BE IT FURTHER RESOLVED: that a
copy of this resolution be given to the Planning Division Office. Carried. RESOLUTION 269
Adopt PLL #5 as LL #3 of the year 2004 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 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 to 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: "The
validity of this rezone action be subject to future site plan approval by
the Planning Board for the proposed project, and Meeting #13 July 7, 2004 page 150 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 #5 of the year 2004 regarding the above rezoning of
part of SBL#235.-2-43 be adopted as Local Law #3 of the year 2004, and NOW THEREFORE BE IT RESOLVED: that
the rezoning be subject to the above-referenced condition, as recommended
by the Planning Board BE IT FURTHER RESOLVED: that a
copy of this resolution be given to the Planning Office, the Assessor's
Office and the Building Department. Carried. At this time 8:10pm
is scheduled a public hearing as duly advertised in the Town Crier,
official newspaper of the Town of Evans for the consideration of the
adoption of Proposed Local Law #6 of the year 2004 to prohibit parking on
the west side of North Main Street from Gold Street to Old Eden Evans
Center Road. The following
person spoke in opposition: Bob Catalino, Derby RESOLUTION 270
Adopt PLL #6 as LL #4 of the year 2004 Supervisor Catalino
moved and Councilman Erickson seconded to adopt Proposed Local Law #6 of
the year 2004 as Local Law #4 of the year 2004 to amend Town Code, Chapter
193, Article III, Section 193-16, and Chapter 193-44, Article VIII,
Schedule XI Parking Prohibited at all times to add: North Main
Street West Gold Street to the
intersection of Old Evans Center Road Carried. Meeting #13 July 7, 2004 page 151 RESOLUTION 271
Re-Open the 7:50pm public hearing for Proposed Local Law #4 Supervisor Catalino
moved and Councilman Bartus seconded to re-open the 7:50pm public hearing
for the consideration of Proposed Local Law #4 of the year 2004. Carried. The following
people spoke in favor: Charles Militello,
6840 Putnam Kevin Mroz, 1782
Sturgeon Point Road John McDonald, 1335
Sturgeon Point Road Bill Mackey, 1237
Sturgeon Point Road Theresa Stadler,
965 Sturgeon Point Road Robert Palmer, 1780
Eden Evans Center Road Chris Pauley, 1255
Sturgeon Point Road Donald Zogaria,
1395 Sturgeon Point Road, suggested a hike/bike path The following
people spoke in opposition: Wilbur Jost, 1711
Sturgeon Point Road Jim Sellers, 1113
Sturgeon Point Road, suggested repairing the road The public hearing
was closed at 8:26pm. RESOLUTION 272
Re-Open the privilege of the floor Supervisor Catalino
moved and Councilman Erickson seconded to re-open the privilege of the
floor. Carried. Charles Militello
commented that he will continue with his articles in the Pennysaver. He
is not in favor of closing Old Lake Shore Road. Mark Romanski
representing Jeff White, explained the reason for the minor subdivision
application and requested that the Town Board declare themselves Lead
Agent for the SEQR by taking action tonight and schedule a public hearing
for August 4, 2004 for the application of a minor subdivision. Drew Eszak, Deputy
Commissioner for Erie County Department of Environment and Planning
requested that the Town take no action tonight Jeff White for a minor
subdivision at 8234 Lake Shore Road, Angola. Meeting #13 July 7, 2004 page 152 Peter Bogulski
feels that if there were not monthly rental for parking at the Sturgeon
Point Marina then there would be enough room for parking and plenty of
other parks in town therefore it is not necessary for the expansion of the
Sturgeon Point Marina/Park. Is there going to be an increase in taxes for
the maintenance, upkeep and personal for the expansion? He requested that
the Town open up Purvis Landing and Wendt Road to jet skiers. RESOLUTION 273
PhillipsLytle LLP RE: White minor subdivision, 8234 Lake Shore Road
& Sandra Brant, Chairman, Planning Board RE: White minor subdivision, 8234
Lake Shore Road Supervisor Catalino
moved and Councilman Erickson seconded to receive and file the
communications from Phillips Lytle LLP regarding the White minor
subdivision, 8234 Lake Shore Road and Sandra Brant, Chairman, Planning
Board regarding the White minor subdivision, 8234 Lake Shore Road. Carried. RESOLUTION 274
Negative Declaration for the Stockman minor subdivision Councilman Erickson
moved and Councilman Bartus seconded, WHEREAS: in a
letter dated June 25, 2004, the Town of Evans Minor Subdivision Review
Committee has recommended a negative declaration regarding the SEQRA
process for the Florence Stockman 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 Florence Stockman Minor Subdivision (Addendum B SEQRA
short environmental assessment form) A division of SBL#235.13-2-29.5,
dividing an 18.63+/- acre parcel to create: 1. A 15.87+/- acre
parcel with 120+/- feet of frontage on Lake St. 2. A 1.38+/- acre
parcel with 200+/- feet of frontage on Lake St., and 3. A 1.38+/- acre
parcel with 150+/- feet of frontage on Lake St PETITIONER:
Florence Stockman, 8813 Erie Road, Angola, NY 14006 Meeting #13 July 7, 2004 page 153 AND BE IT FURTHER RESOLVED: that a
copy of this resolution be given to the Planning Office. Carried. RESOLUTION 275
Approve Stockman 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 with the following condition: "That
any further subdivision of this property will necessitate a major
subdivision review, 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 Florence
Stockman Minor Subdivision, dividing an 18.63+/- acre parcel known as SBL#235.13-2-29
to create: 1. A 15.87+/- acre
parcel with 120+/- feet of frontage on Lake St. 2. A 1.38+/- acre
parcel with 200+/- feet of frontage on Lake St., and 3. A 1.38+/- acre
parcel with 150+/- feet of frontage on Lake St "That
the above said condition recommended by the Minor Subdivision Review
Committee is p laced on this minor subdivision approval. PETITIONER:
Florence Stockman, 8813 Erie Road, 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. Meeting #13 July 7, 2004 page 154 RESOLUTION 276
Kenneth Williams RE: sale of paper street - North Park Ave., Derby Supervisor Catalino
moved and Councilman Erickson seconded to refer the proper department
heads the communication from Kenneth Williams regarding the sale of the
paper street North Park Avenue. Carried. RESOLUTION 277
Kim Mancuso RE: request assistance with repairs to paper street
Supervisor Catalino
moved and Councilman Erickson seconded to refer to the proper department
heads the communication from Kim Mancuso requesting assistance with
repairs to the paper street near her home. Carried. RESOLUTION 278
PLL #3 of the year 2003 (Recreation/Greenspace fees), Establish
Recreation/Greenspace fees and PLL #1 of the year 2004 (8563 Erie Rd.,
Angola from R-1 to GB or MS) Supervisor Catalino
moved and Councilman Govenettio seconded that PLL #3 of the year 2003
(Recreation/Greenspace fees), Establish Recreation/Greenspace fees and PLL
#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 279
Water bill adjustment Councilman
Govenettio moved and Councilman Erickson seconded, RESOLVED: that an
adjustment be made to the following account due to a water leak J. Nochajski, 251
Harding Ave Account
#03060500 Adjustment: $1,837.11 VOTE
RESULT: Councilman Govenettio aye Councilman
Erickson aye Councilman Bartus
aye Councilman Csati
aye Supervisor
Catalino aye RESOLUTION 280
Water bill adjustments Councilman
Govenettio moved and Councilman Bartus seconded, Meeting #13 July 7, 2004 page 155 RESOLVED: that an
adjustment be made to the following accounts due to a water leak: Anthony Mott, 454
Roanoke Ave. Account
#03030270 Adjustment: $207.56 Raymond Pugh, Jr.,
9663 Oakland St. Account
#03060400 Adjustment: $181.94 VOTE
RESULT: Councilman Govenettio aye Councilman Bartus
aye Councilman
Erickson aye Councilman Csati
aye Supervisor
Catalino aye RESOLUTION 281
Use of Federal Surface Transportation Funds to maintain Recreation Trails Councilman Bartus
moved and Councilman Govenettio seconded, WHEREAS: many
local trails and trailheads are not being maintained to standard due to
lack of local funding and personnel, loss of volunteers or non-profit
organizations to maintain the trails, and lack of emphasis on trail
programs as an ongoing municipal expense due to the inability to use
Federal Surface Transportation Act funds for trail maintenance WHEREAS: trail
maintenance needs include brushing, clearing windfalls, facility
maintenance for structures, such as bridges and culverts, maintenance of
proper tread, which ensures that the standard width needed for the type of
use the trail gets in maintained in good condition, adequate drainage,
resolution of wet spots, correction of resource damage caused by
inadequate signing WHEREAS: local
governments are charged with ensuring that each trail is maintained to its
declared standard on a regular basis, inclusive of resolving conflicts
between users or user groups, and provisions of law enforcement where
vandalism, and/or illegal use or construction on trails occurs WHEREAS: the
Transportation Equity Act for the 21st Century (TEA-21), has
strengthened the Nation=s
multi-modal transportation system through the following core principles: Meeting #13 July 7, 2004 page 156 "Improving
the performance of the entire transportation system through better
planning, management, construction, operations, asset management,
maintenance and construction "Preserving
State and Local Government funding flexibility to allow the broadest
application of funds to transportation solution. However, these core
principles currently do not allow the use of Federal Funds to maintain
existing trails NOW THEREFORE IT
IS RESOLVED:
determined and ordered by the Town of Evans, that it formally requests the
permitted use of Federal Transportation Funds be eligible for use to
maintain existing trails. BE IT FURTHER RESOLVED: that in
order to correct these environmental and funding loopholes, the Town of
Evans, will forward copies of this resolution to President George W. Bush,
United State Congressman Thomas Reynolds, the US Department of
Transportation Secretary Norman Y. Mineta and New York State Governor
George E. Pataki BE IT FURTHER RESOLVED: that
the Town of Evans request Governor George E. Pataki to set up a statewide
task force to look at funding both construction and ongoing maintenance on
all bike and trail systems in New York State using Federal Transportation
Funds. Carried. RESOLUTION 282
Appt of Laborer Councilman Csati
moved and Councilman Govenettio seconded, RESOLVED: that
Andrew Lloyd, Lake Shore Road be hired as part time laborer to be called
as needed at the Water Department at a rate of $7.00 per hour effective
immediately. Meeting #13 July 7, 2004 page 157 VOTE
RESULT: Councilman Csati aye Councilman
Govenettio aye Councilman Bartus
aye Councilman
Erickson aye Supervisor
Catalino aye RESOLUTION 283
Schedule PH for PLL #8 (speed limit on Delamater Rd from Old Lake Shore
Road to Eden Evans Ctr Rd) Councilman Erickson
moved and Councilman Bartus seconded, WHEREAS: a
speed study was conducted on Delamater Road in the Town of Evans,
THEREFORE BE IT RESOLVED: that a
public hearing be scheduled on August 4,2004 at 8:10pm to consider
Proposed Local Law #8 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 Delamater Road from Old Lake
Shore Road to Eden Evans Center Road to 40 m.p.h. VOTE
RESULT: Councilman Erickson aye Councilman Bartus
aye Councilman
Govenettio aye Councilman Csati
aye Supervisor
Catalino aye RESOLUTION 284
Appt of Clerk full-time Councilman Bartus
moved and Councilman Erickson seconded, RESOLVED: that
Gloria J. Hougle, 342 Central Ave., Angola, NY is hereby appointed as
full-time Clerk at a rate of pay in accordance with the collective
bargaining agreement the Town of Evans and IBEW Local 41. VOTE
RESULT: Councilman Bartus aye Councilman
Erickson aye Councilman
Govenettio aye Councilman Csati
aye Supervisor
Catalino aye Meeting #13 July 7, 2004 page 158 RESOLUTION 285
Town Licenses Supervisor Catalino
moved and Councilman Bartus seconded to grant a refreshment license to
Barbara Cosenza D/B/A Decker=s
Corner LLC contingent upon the approval of the Chief of Police and Health
Department. Carried. RESOLUTION 286
Audit of Bills Councilman Csati
moved and Councilman Erickson seconded that all properly audited bills be
paid out of their respective funds as set froth under abstract of claims
on this date as follows:
GENERAL 1294-1442 54,165.93 PART
TOWN 1294-1442 14,757.36
HIGHWAY 1294-1442 35,694.21
WATER 1294-1442 4,265.41 CAPITAL
PROJECTS 1294-1442 5,609.03 SPECIAL
DISTRICTS 1294-1442 59,590.57 VOTE
RESULT: Councilman Csati aye Councilman
Erickson aye Councilman
Govenettio aye Councilman Bartus
aye Supervisor
Catalino aye RESOLUTION 287
Adjournment Supervisor Catalino
moved and Councilman Erickson seconded to adjourn tonights meeting in
memory of William Weiss former Town Supervisor and Town Attorney and then
to Wednesday, August 4, 2004 at 7:30pm. Carried. Respectfully
submitted, Lynn R. Stoessel Deputy Town Clerk Carol A. Meissner Town Clerk
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