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 Agenda
Meeting #07 Wednesday, April 5th, 2023 Regular X Special AGENDA Evans Town Board, Evans Town Hall, 8787 Erie Road, Angola, New York www.townofevans.orgItem Description Disp.
I Call the Meeting to Order II Pledge of Allegiance Ill Roll Call IV Approval of the Minutes: March 15th , 2023 Minutes V Communications: 1.) William Smith Evans Minor Subdivision Review Committee RE: Minor Subdivision - dividing a 7.6+ acre parcel on Erie Road (aka NYS Route 5), Angola NY, known as SBL# 220.00-2-13.1 into two parcels; a 0.85+ acre vacant parcel portion and a 6.75+ acre parcel. Petitioner: Ferber Automotive Corp., 8120 Erie Road, Angola, NY 14006. 2.) Supervisors Report January 2023 VI Public Hearing & Bid Opening: 1.) Proposed Local Law #5 Video Conferencing VII Committee & Department Head Reports: VIII Town Clerk's Reports: Town Clerk$ 29564.95 Interest Earned on Checking Account$2.19 Greenspace Fees/Trust & Agency Account$0.00 Petty Cash Fund Balance$650.00 IX Old Business: X Privilege of the Floor: XI Resolutions: 1.) Promotion of Machine Equipment Operator Light to Machine Equipment Operator Heavy 2.) Authorization for Highway Department to Purchase GRADALL Attachment 3.) Authorize Town Highway Superintendent to Attend NYS Highway Superintendent Association Conference 4.) Amend Resolution 2023-013 5.) Amend Resolution 2023-018 6.) Award Bid for Emergency Tree Service 7.) Award Concessions for St Pt Mariana 2023-2024 Seasons 8.) Appointment of Personnel Director 9.) Execute Rotella Grant Management Contract XII Licenses: XIII Audit of Bills: XIV Adjournment to: Wednesday, April 191h, 2023 at 6:00pm for the Work Session and Regular Meeting immediately to follow. |
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Minutes
Town Board Meeting #7April 5, 2023 Evans Town Board At a meeting of the Town Board of the Town of Evans, the following were present:
PRESENT: Laurie Reitz Jeanne Macko Michael Schraft Thomas George ALSO PRESENT: Councilman Councilman Councilman Deputy Supervisor Lynn KrajacicTown Clerk Kenneth FarrellTown Attorney RESOLUTION 2023 #170 Accept Minutes Deputy Supervisor George moved and Councilman Schraft seconded that the reading of the minutes of March 15, 2023 be dispensed with and accepted as submitted by the Town Clerk. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George PUBLIC HEARING Aye Aye Aye Aye LEGAL NOTICE NOTICE OF PUBLIC HEARING TOWN OF EVANS, NEW YORK PLEASE TAKE NOTICE, that there has been presented to the Town Board on March 15, 2023, for adoption proposed Local Law No. 5 of the Year 2023 authorizing all members of designated public bodies of the Town of Evans to use videoconferencing technology to participate in public meetings. The proposed Local Law will allow members of public bodies designated by the Town Board to participate in meetings via videoconference. THEREFORE, pursuant to the Municipal Home Rule Law, the Town Board of the Town of Evans shall hold a Public Hearing on the aforesaid Local Law at the Town Hall, 8787 Erie Road, Angola, New York at 7:10 p.m. on the 5th day of April 2023, at which time persons interested may be heard. Copies of the aforesaid proposed Local Law are available at the office of the Town Clerk for inspection and distribution to any interested person during business hours. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town Hall at (716) 549-8787 by April 3, 2023. By order of the Town Board of the Town of Evans Lynn Krajacic RESOLUTION 2022 #171 Open the Public Hearing Deputy Supervisor George moved and Councilman George seconded to open the public hearing. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye There was nobody wishing to speak in favor or opposition RESOLUTION 2022 #172 Close the Public Hearing Deputy Supervisor George moved and Councilman Schraft seconded to close the public hearing. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #173 Determination of Non-Significance - Videoconferencing Councilman Macko moved and Councilman Schraft seconded; WHEREAS, the Town Board of the Town of Evans is considering adoption of proposed Local Law No. 5 of the Year 2023, authorizing all members of designated public bodies of the Town of Evans to use videoconferencing technology to participate in public meetings; and WHEREAS, the Town Board has reviewed the Short Form EAF submitted and has determined that the proposed action will not have a significant impact on the environment NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Evans, after considering the action proposed herein, reviewing the criteria contained in Section 617.11 of the Rules and Regulations of SEQR and thoroughly analyzing the project with respect to potential environmental concerns, determines that the proposed action will not have a significant effect on the environment and that no further action is required by the Town Board under SEQR; and FURTHER, BE IT RESOLVED, that the Town Board of the Town of Evans hereby adopts a negative declaration concerning the adoption of proposed Local Law No. 5 of the Year 2023 VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #174 Adopt Local Law #5 of 2023 - Videoconferencing Councilman Macko moved and Councilman Schraft seconded; WHEREAS, the Town Board of the Town of Evans is considering adoption of proposed Local Law No. 5 of the Year 2023, authorizing all members of designated public bodies of the Town of Evans to use videoconferencing technology to participate in public meetings; and WHEREAS, the Town Board has reviewed the Short Form EAF submitted and has determined that the proposed action will not have a significant impact on the environment NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Evans, after considering the action proposed herein, reviewing the criteria contained in Section 617.11 of the Rules and Regulations of SEQR and thoroughly analyzing the project with respect to potential environmental concerns, determines that the proposed action will not have a significant effect on the environment and that no further action is required by the Town Board under SEQR; and FURTHER, BE IT RESOLVED, that the Town Board of the Town of Evans hereby adopts a negative declaration concerning the adoption of proposed Local Law No. 5 of the Year 2023 VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Communications Aye Aye Aye Aye William Smith Evans Minor Subdivision Review Committee RE: Minor Subdivision - dividing a 7.6+ acre parcel on Erie Road (aka NYS Route 5), Angola NY, known as SBL# 220.00-2-13.1 into two parcels; a 0.85+ acre vacant parcel portion and a 6.75+ acre parcel. Petitioner: Ferber Automotive Corp., 8120 Erie Road, Angola, NY 14006. RESOLUTION 2023 #175 Declare Lead Agency and SEQR Negative Declaration - Ferber Automotive Councilman Schraft moved and Deputy Supervisor George seconded; WHEREAS, minor subdivisions are unlisted SEQR actions, and WHEREAS, the Town Board of the Town of Evans desires the Town of Evans to be the Lead Agency for the SEQR process, and WHEREAS, the Town has completed a short Environmental Assessment Form for this action, and WHEREAS, in a letter dated March 31, 2023, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQR process for the Ferber Automotive Corporation Minor Subdivision, and WHEREAS, it has been determined that the subdivision of this property will not result in any significant environmental impacts regarding the SEQR process. NOW THEREFORE BE IT RESOLVED, that the Town of Evans shall be the Lead Agency for the SEQR process for the above mentioned minor subdivision; and RESOLVED, that the Town Board of the Town of Evans considers the findings of the Town of Evans Minor Subdivision Review Committee and issues a SEQR negative declaration for the Ferber Automotive Corporation Minor Subdivision (Addendum A SEQR Short Environmental Assessment Form), a division of SBL# 220.00-2-13.1, dividing a 7.6+ acre parcel to create: 1. a 0.85± acre vacant parcel portion with 145.87± feet of frontage on Erie Road, and 2. a 6.75± acre parcel with 567.44± feet of frontage on Erie Road. Petitioner: Ferber Automotive Corporation, 8120 Erie Road, Angola NY 14006 AND BE IT FURTHER RESOLVED, that a copy of this resolution be given to the Planning Office. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #176 Minor Subdivision Approval - Ferber Automotive Councilman Macko moved and Councilman Reitz seconded; WHEREAS, the proposed subdivision did not meet the criteria to be referred to the Erie County Department of Environment and Planning for a 239M Review, and 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 SEQR process. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Evans hereby considers the findings of the Town of Evans Minor Subdivision Review Committee and approves the Ferber Automotive Corporation Minor Subdivision, a division of SBL# 220.00-2-13.1, dividing a 7.6+ acre vacant parcel to create: 1. a 0.85± acre vacant parcel portion with 145.87± feet of frontage on Erie Road, and 2. a 6.75± acre vacant parcel with 567.44± feet of frontage on Erie Road. Petitioner: Ferber Automotive Corporation, 8120 Erie Road, Angola, NY 14006 AND BE IT FURTHER RESOLVED, that a copy of this resolution be given to the Planning Office. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye Deputy Supervisor George reported that the Supervisor's January 2023 Monthly Report has been made to the Town Board and a copy was filed with the Town Clerk's Office. RESOLUTION 2023 #177 Town Clerk's Reports Deputy Supervisor George moved and Councilman Macko seconded to accept the reports of the Town Clerk as presented for the month of March 2023: Town Clerk Report Interest Greenspace Fee Petty Cash VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George $29,564.95 $2.19 $ 0 $650.00 Aye Aye Aye Aye RESOLUTION 2023 #178 Appointment of Highway Department Machine Equipment Operator (MEO) Light to Machine Equipment Operator Heavy Councilman Schraft moved and Councilman Macko seconded; BE IT RESOLVED, effective April 8, 2023, based on the current collective bargaining agreement and the recommendation of the Town of Evans Highway Superintendent Jack Fritz, the Evans Town Board accepts the promotion of Robert Strickler from Machine Equipment Operator Light to Machine Equipment Operator Heavy. FURTHER, BE IT RESOLVED, effective April 8, 2023, the payroll department is directed to increase Mr. Strickler's hourly rate to $24.81 in accordance with the collective bargaining agreement; and FURTHER, BE IT RESOLVED, a PO-8 form will be submitted to the Erie County Civil Service documenting the above referenced changes, in accordance with Civil Service rules and regulations. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #179 Authorization for Highway Department to Purchase GRADALL Attachment Councilman Macko moved and Councilman Reitz seconded; WHEREAS, the rising number of inclement weather events have caused increased debris and tree removal in the Town. BE IT RESOLVED, that the Highway Department is authorized to purchase a Gradall Fixed Thumb Attachment not to exceed $13,500 under the New York State OGS contract #PC69150. A budget transfer shall be initiated taking $13,500 from DB5110.401.06 to DB5110.220.00 Highway Machinery and Motor Vehicles. Funding for the purchase will be taken out of budget line item number DB5110.220.00. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #180 Authorize Highway Superintendent to attend the New York State Highway Superintendent Association Conference Councilman Reitz moved and Councilman George seconded; WHEREAS: Town Highway Superintendent Jack Fritz requests permission to attend the New York State Highway Superintendent Conference in Ithaca, New York from June 4th -June 7th. NOW, THEREFORE, BE IT RESOLVED, that the Board of the Town of Evans shall grant permission to Jack Fritz, to attend said conference and all appropriate and reasonable expenses shall be paid by the Town, per Town policy. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #181 Amend Resolution 2023-013 Deputy Supervisor Signatures Councilman Schraft moved and Councilman Macko seconded; Whereas, the Supervisor turned in her resignation effective February 20, 2023, Be it resolved, effective February 21, 2023 that resolution #2023-013 is hereby amended as follows: Resolved: that Acting Deputy Supervisor Thomas George be and hereby is permitted to sign his name by facsimile pursuant to Town Law, and Be it further resolved: that Paychex, Inc. is authorized to issue checks in payment of payroll for the Town of Evans under facsimile as they may designate as long as their services are needed by the Town. This resolution shall be pro nunc tunc. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #182 Amend Resolution #2023-018 Signatures on Bank Accounts Councilman George moved and Councilman Schraft seconded; Whereas, the Supervisor turned in her resignation effective February 20, 2023, Be it resolved, effective February 21, 2023, that resolution #2023-018 is hereby amended as follows. Resolved, that the following individuals are authorized signatures for the following Town of Evans accounts with the Evans Bank, Angola, New York 14006: Asset Forfeiture Fund - Police (xxxxx6000)Gregory Szarowicz, Chief of Police Police Reserve (x2001)Thomas George, Acting Deputy Supervisor Combined Checking (xxx2468) Combined Savings (xxxx0409) BAN Account(xx4000) Bid Deposits Account (xx4379) Retiree Bank (xxx6573) Payroll (xxxxx0000) T&A Greenspace (xxxxx5000) Grant Reserve (xx4001) Revolving Loan (xx6000) Senior Meal Plan Account (xx9809) Water Surcharge (xx2283) Senior Activity Account (xx9775) Thomas George, Acting Deputy Supervisor Jeremy Smith, Supervising Accountant Thomas George, Acting Deputy Supervisor Veronica Yeager, Director of Senior Services And, be it further resolved, that Thomas George, Acting Deputy Supervisor will be the designated System Administrator of the online banking. This resolution shall be pro nunc tunc. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #183 Award Bid for 2023 Emergency Tree Removal Councilman Macko moved and Councilman Reitz seconded; WHEREAS, bids were solicited for the 2023 Emergency Tree Removal Services in the Town of Evans for the Contract Term of April 1, 2023 through March 31, 2024; and WHEREAS, bids were received and opened on Tuesday, March 21, 2023 at 2:00 P.M., in accordance with the Notice to Bidders previously authorized; and WHEREAS, the lowest responsible bid was submitted by Kravitz Tree Service, LLC located at 19 Norton Place, Fredonia, NY 14063; and NOW, THEREFORE, BE IT RESOLVED, that the Evans Town Board authorizes the award of the contract for the 2023 Emergency Tree Removal Services to Kravitz Tree Service, LLC located at 19 Norton Place, Fredonia, NY 14063; and BE IT FURTHER RESOLVED, that Deputy Supervisor Thomas George is authorized to execute any necessary contract documents regarding said bid award upon the approval of the Town Attorney. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #184 Award Bid for Sturgeon Point Marina Concessions Councilman Reitz moved and Councilman George seconded, WHEREAS, the Evans Town Board authorized the Town Clerk to advertise for proposals for restaurant concessions at the Sturgeon Point Marina, Town of Evans, New York; and WHEREAS, said proposals were opened on Tuesday, March 28, 2023 at 11:00am in the office of the Town Clerk; and WHEREAS, T.E. Connors, Inc., d/b/a Connors Hot Dog Stand, 8905 Lake Shore Road, Angola, New York 14006 submitted the lone responsible bid satisfactorily meeting specifications as advertised, NOW, THEREFORE, BE IT RESOLVED, that the sole responsible bid be and hereby is accepted by the Town of Evans in the following amounts: 2023 Season - $4,500.00 2024 Season - $7,200.00 FURTHER, BE IT RESOLVED, Deputy Supervisor Thomas George is hereby authorized to execute an agreement regarding same, upon the approval of the Town Attorney. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #185 Appointment of Personnel Director Councilman Schraft moved Councilman Macko seconded, RESOLVED: that Councilwomen Jeanne Macko is hereby appointed Personnel Director at no additional compensation. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Resolution failed for lack of a majority Nay Aye Aye Nay RESOLUTION 2023 #186 Rotella Grant Management Services Contract Councilman Macko moved Councilman Reitz seconded, WHEREAS, the Town of Evans applies for numerous grants on a yearly basis; and WHEREAS, successful grant applications are beneficial to the Town of Evans; and WHEREAS, the Town of Evans desires to extend the contract between the Town of Evans and Rotella Grant Management; BE IT RESOLVED, that Acting Deputy Supervisor Thomas George is hereby authorized to execute any all documents pursuant to Rotella Grant Management, 19 Jordy Court, Hamburg, NY 14075, for grant writing and administration services for 2023, at a rate of $1,800.00 per month plus any actual postage costs, when applicable. BE IT FURTHER RESOLVED, this resolution is approved nunc pro tunc. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Nay Aye Aye Nay RESOLUTION 2023 #187 Suspend the Rules of Order Councilman George moved Councilman Reitz seconded to suspend the rules of order for the consideration of additional resolutions. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #188 Part Time Seasonal Labor Appointments - Parks Department Councilman Reitz moved and Councilman George seconded; BE IT RESOLVED, effective April 6, 2023, the following individuals be appointed as PT Seasonal Laborer positions for the Town of Evans Parks Department, for up to a five (5) month period (September 6, 2023), working up to 39.5 hours per week, at the hourly rated indicted below; NAMESALARY Daniel Almendinger$15.20 Jack Fritz, Jr.$15.20; and FURTHER, BE IT RESOLVED, the Town Clerk will give a copy of this resolution to Human Resources. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye RESOLUTION 2023 #189 Advertise for Property Maintenance Services of Various Properties in the Town for Calendar Year 2023 Councilman George moved and Councilman Macko seconded; WHEREAS, the Town of Evans Code Enforcement Office determines from time to time that certain properties are not in compliance with local and/or state laws, ordinances, codes, and regulations regarding the lack of upkeep of said properties; and WHEREAS, certain work is needed on such properties (i.e. seasonal clean-up, grass cutting, board-up, etc.) when the owners of such properties fail to bring them into compliance with local and/or state laws, ordinances, codes, and regulations; NOW, THEREFORE, BE IT RESOLVED, that the Town of Evans hereby establishes payment rates for such work for various properties in the Town of Evans for the calendar year 2023 as set forth in the attached Schedule; and BE IT FURTHER RESOLVED that the Code Enforcement Office is hereby authorized to advertise through the Town of Evans Facebook, Town of Evans Website and the Dunkirk Observer for interested parties for such property maintenance services for the calendar year 2023. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George RESOLUTION 2023 #190 Audit of Bills Aye Aye Aye Aye Councilman Macko moved and Deputy Supervisor George seconded that all properly audited bills be paid out of their respective accounts as follows: AUDIT OF BILLS DATE 4/6/2023 ABSTRACT NO. 7 12225 - 12319 85494 - 85573 Board Meeting 4/5/2023 $222,394.27 $13,590.99 $78,318.93 $5,862.82 $60,190.00 $116,798.32 VOUCHER NO. CHECK NUMBERS APPROVED AT DATE GENERAL PART TOWN HIGHWAY DB WATER CAPITAL PROJECTS SPECIAL DISTRICTS DEBT SERVICE TOTAL $497,155.33 VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George RESOLUTION 2023 #191 Resume Work Session Aye Aye Aye Aye Councilman Schraft moved and Councilman Macko seconded to resume the Work Session. 175f Town Board Meeting #7 VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George RESOLUTION 2023 #192 Enter Executive Session April 5, 2023 Aye Aye Aye Aye Councilman Schraft moved and Deputy Supervisor George seconded, WHEREAS: the Evans Town Board wishes to enter Executive Session, and; BE IT RESOLVED: that the public shall be excluded from discussion of and action upon hereinafter specified subject matter. The general nature of the subject matter to be discussed as follows: General Matters Relating to Collective Bargaining under the Taylor Law. NOW THEREFORE BE IT RESOLVED: Ken Farrell, Town Attorney is invited to attend the Evans Town Board Executive Session. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George Aye Aye Aye Aye |