Meetings [31]

Meeting Date

4/19/2023

Meeting Time

7:00 PM

Category

Town Board

Subcategory

Regular Meeting

Meeting Location

Town Hall Court Room

From Rez

193

To Rez

214

Meeting Link

Agenda PDF

Agenda

Agenda Text

I.) William B Smith Evans Minor Subdivision Review Committee RE: Minor Subdivision Review
2.
dividing a 32.07± acre parcel with 997.68± feet of frontage on Backus Road, known as SBL#
221.00-5-1.1, into two lots to create a .35± acre parcel and a 31.72± acre parcel. Petitioner:
Dennis Valentic. 1134 Backus Rd., Derby, NY 14047.
Supervisors Report February 2023

l.)
2.)
3.)
4.)
5.)
6.)
7.)
8.
Authorization for Assessor to attend NYSAA April Meeting
Designation/Appointment Personnel Director
Authorize Emergency Demolition
Approval of Electronic Signature
Appointment of Part Time Seasonal Laborer Highway Department
Advertise for Public Hearing Proposed Local Law #6 of 2023
Designation of Broker of Record
ointment of Part Time Clerk

Minutes PDF

Minutes

Minutes Text

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 Krajacic Town Clerk Kenneth Farrell Town Attorney
RESOLUTION 2023 #193 Accept Minutes
Deputy Supervisor George moved and Councilman Schraft seconded that the reading of the minutes of April 5, 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 Communications Aye Aye Aye Aye
William Smith Evans Minor Subdivision Review Committee RE: Minor Subdivision Review dividing a 32.07+ acre parcel with 997.68+ feet of frontage on Backus Road, known as SBL# 221.00-5-1.1, into two lots to create a .35+ acre parcel and a 31.72+ acre parcel. Petitioner: Dennis Valentic, 1134 Backus Rd., Derby, NY 14047.
RESOLUTION 2023 #194 Declare Lead Agency and SEQR Negative Declaration - Valentic
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 April 13, 2023, the Town of Evans Minor Subdivision Review Committee has recommended a negative declaration regarding the SEQR process for the Dennis Valentic Minor Subdivision, and
WHEREAS, it has been determined that the subdivision of this property will not result in any significant 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 Dennis Valentic Minor Subdivision.
(Addendum A SEQR Short Environmental Assessment Form),
a division of SBL# 221.00-5-1.1, dividing a 32.07+ acre parcel to create:
1. a .35± acre parcel with 34.0± feet of frontage on Backus Road, and 2. a 31.72± acre parcel with 963.68± feet of frontage on Backus Road.
Petitioner: Dennis Valentic, 1134 Backus Road, Derby NY 14047
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 GeorgeAye Aye Aye Aye
RESOLUTION 2023 #195 Minor Subdivision Approval - Valentic
Councilman Macko moved and Councilman Schraft seconded;
WHEREAS, the proposed subdivision did not meet the criteria for referral 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 Dennis Valentic Minor Subdivision,
a division of SBL# 221.00-5-1.1, dividing a 32.07+ acre parcel to create:
1. a .35± acre parcel with 34.0± feet of frontage on Backus Road, and 2. a 31.72± acre parcel with 963.68± feet of frontage on Backus Road.
Petitioner: Dennis Valentic, 1134 Backus Road, Derby NY 14047.
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 GeorgeAye Aye Aye Aye
Deputy Supervisor George reported that the Supervisor's February 2023 Monthly Report has been made to the Town Board and a copy was filed with the Town Clerk's Office.
RESOLUTION 2023 #196 Authorize Assessor to Attend NYS Assessor's Association Meeting
Councilman Schraft moved and Councilman Reitz seconded;
WHEREAS; the Assessor Jeneen Hill request permission to attend the New York State Assessors' Association meeting; and
WHEREAS; Assessor Jeneen Hill, is Past President and Executive Board of the New York State Assessor's Association; and
WHEREAS; said meeting will be held in Liverpool, New York on April 21, 2023 thru April 22, 2023; and
NOW, THEREFORE, BE IT RESOLVED that the Board of the Town of Evans shall grant permission to Assessor Jeneen Hill, Past President and Executive Board member of the New York State Assessors' Association to attend said meeting and all appropriate and reasonable expenses shall be paid by the New York State Assessor's Association. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #197 Designation of Personnel Director
Councilman Reitz moved and Councilman Schraft seconded;
WHEREAS, a resolution was presented to the Town Board on Wednesday, April 5, 2023 to appoint a Personnel Director for the Town of Evans; and
WHEREAS, the Town Board vote resulted in a tie; and
WHEREAS, per said vote, by default, Deputy Supervisor Thomas George will assume the Personnel Director duties;
NOW, THEREFORE, BE IT RESOLVED, effective immediately, Deputy Supervisor Thomas George hereby designates Kelly Kent as Personnel Director, at no additional compensation, as amended. VOTE RESULT: ADOPTED BY ROLL CALL
Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George
Resolution Failed due to Lack of a Majority Aye Nay Nay Aye
RESOLUTION 2023 #198 Authorization for Emergency Demolition
Councilman Schraft moved and Councilman Macko seconded;
WHEREAS, there was a structure fire at 9617 Lenox Street, Angola, NY 14006 on Friday, April 7, 2023; and
WHEREAS, after the Fire Departments on scene extinguished the fire, it was determined there was major structural damage to the building and there were hotspots with the debris; and
WHEREAS, it was determined by the Commanding Chief on scene and the Code Enforcement Officer/Fire Marshal, that equipment would be required on scene to pen the debris pile to extinguish the remaining hot spots and remediate the imminent danger; and
WHEREAS, Agent of National Fire Adjustment Company, Inc., Douglas E. Harrell was on scene and authorized payment of demolition costs; and
WHEREAS, the Code Enforcement Officer did make contact with the members of the Town Board to authorize a Declaration of Emergency Demolition for the building located at 9617 Lenox Street, Angola, NY 14006 (SBL #250.11-10-49); and
WHEREAS, the contracted demolition company was contacted to proceed with demolition to remediate the imminent danger and remove the building;
BE IT RESOLVED, that pursuant to Chapter 74, Buildings, Unsafe, of the Evans Town Code, the Evans Town Board hereby approves the earlier referenced Declaration of Emergency and authorizes that Geiter Done of WNY, Inc. to proceed with the emergency demolition of 9617 Lenox Street, Angola, NY 14006; and BE IT FURTHER RESOLVED, that in the case of non-payment by the insurance company, the cost of the demolition will be assessed to the property.
BE IT FURTHER RESOLVED, this resolution is nunc pro tunc.
BE IT FURTHER RESOLVED, a copy of this resolution is to be given to the Town of Evans Code Enforcement Office. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #199 Approval of Electronic Signature
Councilman Reitz moved and Councilman Macko seconded;
BE IT RESOLVED, Deputy Supervisor Thomas George is authorization to utilize electronic and/or digital signature, on any Town documents requiring the Supervisor's signature, including without limitations checks. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #200 Appointment of Part Time Seasonal Laborer - Highway
Councilman Macko moved and Councilman Reitz seconded;
BE IT RESOLVED, effective May 8th, 2023, the following individual to be appointed as PT Seasonal Laborer position for the Town of Evans Highway Department, for up to a five (5) month period (October 8,h,2023), working up to 39.5 hours per week, at the hourly rate indicated below;
SALARY $15.20; and
NAME Drew Eck
FURTHER, BE IT RESOLVED, the Town Clerk will give a copy of this resolution to Human Resources and the Superintendent of Highways. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George
Aye Aye Aye Aye
RESOLUTION 2023 #201 Advertise Public Hearing for Proposed Local Law #6 of 2023 Special Events License
Deputy Supervisor George moved and Councilman Reitz seconded;
WHEREAS, the Town Law grants the Town Board the authority to enact a Local Law concerning the use of public property by Town residents and promoting the public welfare and safety; and
WHEREAS, the Town Board has determined that it is in the best interest of the Town of Evans to enact a Local Law establishing requirements for issuance and enforcement of licenses for special events; and
WHEREAS, a copy of Proposed Local Law No. 6 of the Year 2023 was presented to each member of the Town Board;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Evans authorizes and directs the Town Clerk to publish a notice of public hearing for the purpose of hearing all persons interested in Proposed Local Law # 6 of the year 2023, to be held on Wednesday, May 3, 2023 at 7:10 p.m.; and
BE IT FURTHER RESOLVED, that the Town Clerk shall make a copy of Proposed Local Law # 6 of the year 2023 available at her office for inspection and distribution to any interested person during normal business hours. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #202 Designation of Broker of Record
Councilman Reitz moved and Deputy Supervisor George seconded,
BE IT RESOLVED, that Deputy Supervisor Thomas George is hereby authorized to change the designation of the broker of record for our Group Medical, Prescription Drug and Dental programs from Assured Partners to L&S Agency, effective immediately, and upon the review of the Town Attorney. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George
Aye Nay Nay Aye
Resolution Failed due to Lack of a Majority
RESOLUTION 2023 #203 Appointment of Park Time Clerk
Deputy Supervisor George moved Councilman Reitz seconded, WHEREAS; a vacancy exists for a Part Time Clerk; and
BE IT RESOLVED; that the Town Board of the Town of Evans hereby appoints Lynn Wolf to Part Time Clerk for the Town of Evans, effective Monday, April 24, 2023 at a rate of $16.20 per hour, up to 19.5 hours per week. 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 #204 Suspend the Rules of Order
Deputy Supervisor 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 GeorgeAye Aye Aye Aye
RESOLUTION 2023 #205 Authorize Agreement for Supplemental Consultant Services for Right of Way Acquisition Costs for Culvert Pipe on Derby Road
Deputy Supervisor George moved and Councilman Reitz seconded;
WHEREAS, the Town of Evans has been approved for reimbursement of 100% of qualified costs from Bridge NY funding for the culvert replacement project on Derby Road over Pike Creek PIN 5763.90 with a total project amount of $941,367; and
WHEREAS, the Town of Evans entered into an agreement with C & S Engineers, Inc. to design and manage the culvert replacement project on Derby Road over Pike Creek in compliance with USDOT, NYSDOT, and Bridge NY funding regulations in the lump sum amount of $134,000; and
WHEREAS, the Town agreed to make additional funds available for right-of-way incidentals and acquisition services once those costs became known.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Evans authorizes Acting Supervisor Thomas George to execute a Supplemental Consultant Agreement with C & S Engineers, Inc for right-of-way incidentals and acquisition services in the lump sum amount of $22,900 and thereby increasing the total amount payable to C & S Engineers, Inc. from $134,000 to $156,900. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #206 New Member - Lake Erie Beach Volunteer Fire Company Inc.
Councilman Reitz moved and Deputy Supervisor George seconded;
WHEREAS, Lake Erie Beach Fire Company, Inc. has accepted applications for new candidates for membership; and
WHEREAS, each candidate was interviewed thoroughly and found to meet or exceed the qualifications;
and
WHEREAS, the following candidates were elected into membership of the Lake Erie Volunteer Fire Company, Inc. during the April 6, 2023 General Membership Meeting;
NOW, THEREFORE, BE IT RESOLVED, based on the above, the Evans Town Board hereby approves the following members elected into membership to Lake Erie Beach Volunteer Fire Company, Inc.; VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #207 Authorization to Enter Contract with New Wave Energy Corporation
Councilman Schraft moved and Councilman Macko seconded;
BE IT RESOLVED, that Deputy Supervisor Thomas George is authorized to enter into a fixed rate contract for 12 months with New Wave Energy Corporation for energy supply services for electricity and natural gas, upon the approval of the Town Attorney. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #208 Award Contract for New Municipal Website
Deputy Supervisor George moved and Councilman Reitz seconded;
WHEREAS, the Town of Evans solicited competitive proposals from qualified and experienced companies for the design of a new state-of-the-art municipal website as well as ongoing support services; and
WHEREAS, the Deputy Town Clerk and the Director of Planning and Development received and reviewed proposals from five qualified firms; and
WHEREAS, the proposal submitted by Mason Digital presented the best and most comprehensive approach to the project in the most economical fashion.
NOW, THEREFORE BE IT RESOLVED, that the Evans Town Board authorizes the award of contract for new website design and support services to Mason Digital at 400 Whitney Rd, Penfield, NY 14526 in the amount not to exceed $28,500.
AND BE IT FURTHER RESOLVED, that the Deputy Supervisor is authorized to execute any necessary contract documents. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #209 Authorize Director of Planning & Community Development to Negotiate Terms & Conditions for Consultant on Derby Road Culvert Project
Deputy Supervisor George moved and Councilman Reitz seconded;
WHEREAS, Town was awarded a Transportation Alternatives Program grant from NYSDOT for the Evans Shoreline Trail Phase 4; and
WHEREAS, the grant requires the Town to hire a consultant for Design and Project Management Services; and
WHEREAS, the Director of Planning and the Consultant Selection Committee received and reviewed qualifications from four firms and interviewed two firms from the State approved list; and WHEREAS, based on the results of the interviews it was determined that C&S Companies located at 141 Elm Street, Suite 100, Buffalo, NY 14203 would be the Town preferred choice to provide Design and Project Management Services for the project.
NOW, THEREFORE, BE IT RESOVLED, the Town Board of the Town of Evans authorizes Director William Smith to negotiate the terms and conditions of the contract with C&S Companies, 141 Elm Street, Suite 100, Buffalo, NY 14203, not to exceed the amounts indicated for services covered in the grant proposal; and
FURTHER, BE IT RESOLVED, that a resolution for the Town Board to approve the terms and conditions of such agreement will be placed on the agenda of a future Town Board meeting. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #210 Approve 284 Agreement to Spend Town Highway Funds
Deputy Supervisor George moved and Councilman Reitz seconded;
WHEREAS, Town was awarded a Transportation Alternatives Program Grant from NYSDOT the for Evans Shoreline Trail Phase 4; and
WHEREAS, the grant requires Town to hire an engineering consultant as part of the project; and
WHEREAS, the Director of Planning and Consultant Selection Committee received and reviewed qualifications from four firms and interviewed two firms from the State approved list; and
WHEREAS, based on the results of the interviews it was determined that C&S Companies located at 141 Elm Street, Suite 100, Buffalo, NY 14203 would be the Town preferred choice to provide Design and Project Management Services for the project.
NOW, THEREFORE, BE IT RESOVLED, the Town Board of the Town of Evans authorizes Director William Smith to negotiate the terms and conditions of the contract with C&S Companies, 141 Elm Street, Suite 100, Buffalo, NY 14203, not to exceed the amounts indicated for services covered in the grant proposal; and
FURTHER, BE IT RESOLVED, that a resolution for the Town Board to approve the terms and conditions of such agreement will be placed on the agenda of a future Town Board meeting. VOTE RESULT: ADOPTED BY ROLL CALL
Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye
RESOLUTION 2023 #211 Designation of Broker of Record Councilman Schraft moved and Deputy Supervisor George seconded;
BE IT RESOLVED, that Deputy Supervisor Thomas George is hereby authorized to change the designation of the broker of record for our Group Medical, Prescription Drug and Dental programs from Assured Partners to Stahlka Agency, effective immediately, and upon the review of the Town Attorney. VOTE RESULT: ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George
RESOLUTION 2023 #212 Approve Town Licenses Nay Aye Aye Aye
Councilman Schraft moved and Councilman Macko seconded,
1) David Jacobson D/B/A Pat's Pizzeria - Refreshment
RESOLVED, that the aforesaid licenses be granted pertaining to the report of the Chief of Police and the Department of Health where appropriate. VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor GeorgeAye Aye Aye Aye RESOLUTION 2023 #213 Audit of Bills
Councilman Macko moved and Councilman Schraft seconded that all properly audited bills be paid out of their respective accounts as follows:
AUDIT OF BILLS
DATE 4/20/2023
ABSTRACT NO. 8
VOUCHER NO. 12320 - 12385 CHECK NUMBERS 85574 - 85628
APPROVED AT Board Meeting
DATE 4/19/2023 GENERAL $54,509.95 PART TOWN $185.45 HIGHWAY DB $9,233.39
WATER $1,102.32
CAPITAL PROJECTS $512.97 SPECIAL DISTRICTS $1,538.91
DEBT SERVICE
TOTAL $67,082.99 VOTE RESULT:
ADOPTED BY ROLL CALL Councilman Reitz Councilman Macko Councilman Schraft Deputy Supervisor George
RESOLUTION 2023 #214 Enter Executive Session Aye Aye Aye Aye
Deputy Supervisor George moved and Councilman Macko 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: 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.
Town Board Meeting #8 April 19, 2023
VOTE RESULT: ADOPTED BY ROLL CALL Councilman ReitzAye Councilman MackoAye Councilman SchraftAye Deputy Supervisor GeorgeAye
Open Meetings Law, Public Officers Law, Article 7, §106. Minutes.
Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon.
These minutes are an unofficial copy unless the original signature of the Town Clerk is affixed below. The original official paper minutes are stored in the Town's vault.
Respectfully Submitted,
Lynn M. Krajacic RMC Town Clerk

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