RESOLUTION 205 Approve minutes

Supervisor Catalino moved and Councilman Erickson seconded that the reading of the minutes of the meeting of May 4, 2005 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.

Charles Militello, 6840 Prescott Drive, Derby requested that a moment of silence be observed in memory of Jake Pfister of North Evans who passed away in Iraq.

-commented on the response John ODonnell received from his May 5, 2005 Freedom of Information Request.

John ODonnell, 9193 Applewood commented on the response that he received from his Freedom of Information Request dated May 5, 2005.

Robert Palmer, 1780 Eden Evans Center Road commented that the official newspaper, Town Crier and Buffalo News are not reporting of the when the Town Board meets.

-Questioned if the public will have a chance to comment during the informational meeting for the proposed storm water regulations.

Robert Catalano, 7339 Erie Road, Derby feels that the appointment of Jeanne Chase Ebersole was wrong and explained why and asked for documentation of her experience.

RESOLUTION 206 Sandra Brant, Chairman Planning Division RE: schedule PH for PLL #5 of the year 2005 (rezoning of property located at Erie Rd & Delamater Rd SBL#206.00-3-39.11 from R1 to GB)

Meeting #10

May 18, 2005

page 112

Councilman Erickson moved and Councilman Bartus seconded,

WHEREAS: Lake Shore Family Medicine has requested that the Town Board of the Town of Evans rezone 15.3+/- acres of a 26.3+/- acre parcel located on vacant land on Erie Rd. near Delamater Rd., Derby, part of SBL#206.00-3-39.11, from Residential 1 (R-1) to General Business (GB) for the purpose of constructing a 20,000 square foot multi-tenant building with 3 medical use tenants and one child care tenant, and

WHEREAS: in a letter dated May 4, 2005, the Evans Planning Board has requested that the Town Board set a public hearing regarding the request of Lake Shore Family Medicine

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 June 15, 2005 at 7:50pm 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, Assessors Office, and the Building Department.

Carried.

Town Attorney Zajas requested that the rules of order be suspended tonight to consider an agreement for a ground lease for a cell tower.

Councilman Csati presented a Highway Department report and

-the Highway Superintendent met with some residents of Glidden Circle on May 14 regarding right of way drainage problems

-the Highway Superintendent is working with Councilman Bartus regarding a sign for the boundary of the Town of Evans and the Town of Eden

-Elmwood, Seneca and East Iroquois are being surveyed in anticipation of road construction

Councilman Bartus thanked the Highway Superintendent for the sign for the boundary between the Town of Evans and Eden because there was some confusion with the garbage company and garbage pick up.

Councilman Govenettio presented a Water Department report.

Meeting #10

May 18, 2005

page 113

-Evans Youth Baseball season has begun

-Erie County is allowing the use of Wendt Beach Park for Lake Shore Youth Soccer

Councilman Erickson reported that the Southtowns Coalition meets monthly and will be advertising in the Pennysaver the upcoming community events.

-She has been in contact with Assemblyman Quinn about moving the toll booths west of Evans and ending the commuter tax.

Supervisor Catalino reported that the 7:50pm public hearing scheduled for tonight has been postponed at the request of Verizon Wireless and a future date will be scheduled and advertised.

-Tonights meeting will be adjourned in memory of Jake Pfister who passed away in Iraq.

RESOLUTION 207 Reports of Town Officials

Supervisor Catalino moved and Councilman Erickson seconded to accept as presented the reports of the Town Officials as follows and adjourn tonights meeting in memory of Jake Pfister.

Diana Cafferty, Receiver of Taxes & Assessments:

April water $90,802.91

April Duplicate Bills $70.00

April Interest earned $16.15

VOTE RESULT: Supervisor Catalino aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Csati aye

Councilman Govenettio aye

RESOLUTION 208 SEQR Declaration for White minor subdivision

Councilman Erickson moved and Councilman Csati seconded,

WHEREAS: the Town of Evans received a minor subdivision application from Mr. Jeffrey White for the subdivision of a 19.1+/- acre parcel located at 8234 Lakeshore Road into 2 lots for the construction of a single family home, and

Meeting #10

May 18, 2005

page 114

WHEREAS: in compliance with Part 617 of the implementing regulations pertaining to Article 78 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law, the Evans Town Board, acting as SEQRA Lead Agency, conducted a coordinated review of this proposed project (an unlisted action), and

WHEREAS: the Town Board has carefully considered the full scope of the project, and all of the information submitted and comments received on the project, and

WHEREAS: based on careful consideration of all the criteria for Determination of Significance listed in the SEQR Regulations (6NYCRR617.7), the Town Board has determined that the proposed project will not adversely affect the natural resources of the state and/or the health, safety, and welfare of the public, and is consistent with social and economic considerations.

NOW THEREFORE BE IT

RESOLVED: that the Evans Town Board has determined that the proposed project is not anticipated to result in any significant effect on the environment, and that a negative declaration (Notice of Determination of Non-Significance) is hereby issued, based on the following summarized reasons:

1. The project is in conformance with the adopted Evans Comprehensive Plan and is consistent with the policies of the Towns Local Waterfront Revitalization Program.

2. The applicant has had a Phase 1B Archaeological Resources Site Survey, which resulted in no prehistoric artifacts being recovered, and has requested a "letter of no-effect" from the NYS Office of Parks, Recreation and Historic Preservation.

3. An ecological study was completed and the resultant report concluded that there is a fragmented old growth eastern Hemlock dune forest community located on the property. However, because of its diminutive size, it cannot be classified as a fully functioning ecological community. It also concluded that the proposed placement of the new home would not negatively impact the forest fragment.

4. A structural and geotechnical analysis was also completed by the applicant concerning the dunes stability. This analysis concluded that with the proposed construction and site-grading methodologies and vegetation of the home site, the final site slopes would be as, or even more stable than the existing slopes and that the proposed cutting and filling will not destabilize the dune.

Meeting #10

May 18, 2005

page 115

5. A wildlife habitat evaluation was completed on the bird habitat on the property. This evaluation concluded that because the forested area on the property is relatively small, American Bald Eagles, Northern Goshawks and Gyrfalcons would not next on the property and that any sightings of these species on the property were transitory in nature. The evaluation also states that the construction of the home would not adversely impact these species.

6. The project is in compliance with all applicable zoning regulations.

BE IT FURTHER

RESOLVED: that the Supervisor be authorized to sign the Environmental Assessment Form, and that the Planning Department perform the appropriate mailings and filings.

Carried.

RESOLUTION 209 Approve White minor subdivision

Councilman Govenettio moved and Councilman Erickson seconded,

WHEREAS: the Town of Evans received a minor subdivision application from Mr. Jeffrey White for the subdivision of a 19.1+/- acre parcel located at 8234 Lakeshore Road into 2 lots for the construction of a single family home, and

WHEREAS: the Evans Town Board has issued a SEQR Negative Declaration in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law, ad

WHEREAS: the Town has held the required public hearing on October 6, 2004, and

WHEREAS: the Evans Town Board has reviewed the input received from the Planning Board, the Public, and the Applicant and his consultants,

NOW THEREFORE BE IT

RESOLVED: that the Evans Town Board hereby approves the Jeffrey White minor subdivision with the following conditions:

Meeting #10

May 18, 2005

page 116

1. That the trees to be removed be properly flagged, and that the other trees and areas not to be disturbed be demarcated and protected from construction impacts.

2. No tree with a breast height diameter of 24 inches or greater shall be removed from the site.

3. Final design plans will be reviewed by the Town Engineer for conformance to the design reports.

Carried.

At this time 8:10pm the public information meeting that was scheduled for 8:00pm was held as duly advertised in the Town Crier, official newspaper of the Town of Evans to receive public comment on the proposed storm water regulations draft report of the Town of Evans to be submitted to the Department of Environmental Conservation.

Rick Hanavan of Wendel Duscherer the Town Engineers presented an overview of the proposed regulations.

Robert Palmer, 1780 Eden Evans Center Road explained his concern that the Town of Evans has 12 miles of beach front and drainage flows downstream toward the lake and the Town of Evans will be affected the most.

The public informational meeting was closed at 8:16pm.

RESOLUTION 210 PLL #2 of the year 2005 (Zoning/Licensing); PLL #3 of the year 2005 (Licensing of Animals) & Appt of part time Police Officer

Supervisor Catalino moved and Councilman Erickson seconded to leave Proposed Local Law #2 of the year 2005 (Zoning/Licensing); Proposed Local Law #3 of the year 2005 (Licensing of Animals) & the Appointment of part time Police Officer under old business on the agenda for Evans Town Board meetings.

Carried.

RESOLUTION 211 Town Board requests the Governor and NYS Senate & Assembly to adopt legislation to authorize mandatory electronic monitoring of convicted sex offenders

Councilman Bartus moved and Councilman Csati seconded,

WHEREAS: residents of the State of Florida were recently shocked and stunned by the death of Jessica Lunsford, a little girl allegedly murdered by an individual with a criminal record as a sex offender; and

Meeting #10

May 18, 2005

page 117

WHEREAS: as a result the Florida House of Representatives is currently studying passage of a law to be known as the Jessica Lunsford Act, which would include the electronic monitoring of convicted sexual offenders; and

WHEREAS: it is known that sexual offenders often are repeat offenders and, as a result, many states, including New York State, require convicted sex offenders to register with the local authorities in order to protect vulnerable members of society, but frequently, sexual offenders fail to register as required; and

WHEREAS: mandatory electronic monitoring of convicted sexual offenders would allow the authorities to track such offenders even upon their failure to register; and

WHEREAS: New York=s Sex Offender Registration Act, Article 6-c of the Corrections Law does not currently authorize the use of electronic monitoring of convicted sex offenders;

THEREFORE BE IT

RESOLVED: that, this board memorializes the Governor of the State of New York, The New York State Senate, and the New York State Assembly to adopt appropriate legislation to authorize the mandatory electronic monitoring of convicted sex offenders; and

BE IT FURTHER

RESOLVED: that a copy of this resolution be sent to Honorable George Pataki, Governor of the State of New York, Honorable Joseph Bruno, Majority Leader of the New York State Senate, Senator Dale Volker, Honorable Sheldon Silver, Speaker of the New York State Assembly, and Assemblyman Jack Quinn, Jr.

Carried.

RESOLUTION 212 Suspend the rules of order

Supervisor Catalino moved and Councilman Erickson seconded to suspend the rules of order for the conduct of business of Evans Town Board meetings for the purpose of considering a resolution regarding a ground lease for a cell tower.

Meeting #10

May 18, 2005

page 118

VOTE RESULT: Supervisor Catalino aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Councilman Csati aye

RESOLUTION 213 Supervisor to sign agreement for ground lease with Sprint Spectrum

Councilman Erickson moved and Councilman Govenettio seconded,

WHEREAS: Sprint Spectrum L.P., hereinafter termed Sprint, in the tenant of the Town of Evans under a certain lease dated as of April 1, 1997; and

WHEREAS: the Sprint has requested the Town to enter into a certain agreement regarding ground lease consenting to an assignment of said lease and a sublease regarding the same; and

WHEREAS: pursuant to the same the Town would continue to receive the rents specified under the said lease and the operations thereunder would be permitted to continue;

NOW THEREFORE BE IT

RESOLVED: that, subject to the approval of the Town Attorney, that Robert R. Catalino, II as Supervisor of the Town of Evans, or Karen C. Erickson, Deputy Supervisor of the Town of Evans, is hereby authorized to execute such agreement regarding ground lease and all documents that may be required to effectuate the same in the form, and upon such terms and conditions, as the Town Attorney may approve.

Carried.

RESOLUTION 214 Audit of Bills

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 as of this date as follows:

GENERAL 883-987 61,976.98

PART TOWN 883-987 19,820.16

HIGHWAY 883-987 19,738.75

Meeting #10

May 18, 2005

page 119

WATER 883-987 73,759.10

CAPITAL PROJECTS 883-987 26,309.26

SPECIAL DISTRICTS 883-987 177,452.33

VOTE RESULT: Councilman Csati aye

Councilman Erickson aye

Councilman Bartus aye

Councilman Govenettio aye

Supervisor Catalino aye

RESOLUTION 215 Adjournment

Supervisor Catalino moved and Councilman Erickson seconded that tonights meeting be adjourned in memory of Jake Pfister and then to the next regular scheduled work session on Wednesday, May 25, 2005 at 5:00pm and then to Wednesday, June 1, 2005 at 7:30pm.

Carried.

Respectfully submitted,

Lynn R. Stoessel

Deputy Town Clerk

Carol A. Meissner

Town Clerk