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Town Board Minutes






JANUARY 22, 2003

7:30 P.M.



            GLENN R. NELLIS                -           SUPERVISOR

            MARY LOU PEW                   -           COUNCILWOMAN (Deputy Supervisor)

            GEORGE F. ZITTEL              -           COUNCILMAN

            VINCENT V. VACCO            -           COUNCILMAN

            TIMOTHY J. WALKER         -           COUNCILMAN



            Mary Jo Hultquist                    -           Town Clerk

            Anna M. Knack                       -           Administrative Assistant



Call To Order:


            Supervisor Nellis called the Work Session of the Eden Town Board to order at 7:30 P.M.


Pledge of Allegiance:


            Supervisor Nellis led the assembly in the Pledge of Allegiance to the flag followed by a moment of silence.


New and Unfinished Business:


1.)   Presentation by Erie County Soil and Conservation on 18 Mile Creek Embankment Stabilization.


Supervisor Nellis introduced Mark Gaston, District field Manager and Chris Enser,

Conservation District Technician, from Erie County Soil and Water Conservation District, and John Whitney from the Department of Agriculture Natural Resources

Services.  A proposal was presented calling for Eden along with six other towns to allocate funds for a creek embankment stabilization project.  There are about 70 high priority sites along Eighteenmile Creek, with seven sites identified in the Town of Eden, and its tributaries that have been identified for stabilization.  Total cost estimates are $1.15 million.

            Two of Eden’s seven sites are classified as highest priority because the erosion threatens infrastructure such as bridges, roads or structures.  In all, there are 1,390 linear feet of the creek bank pegged for remediation in Eden.  The estimated cost of the project is at or about $100 per linear foot, putting Eden’s total price tag at about $139,000 for all seven sites.

            Conservation officials said stream bank erosion can result in muddier water that blocks sunlight for plants, clogs fish gills and reduces oxygen in the water, destroying aquatic habitat.  Also, soil, gravel and debris buildup in the streambed can cause damming and flooding.

            Mr. Gatson stated that after other municipalities join the partnership with funds allocated for the project, the county will work to secure county, state and federal grants to defray about half the remediation cost.  The municipality would be responsible for contributing at least one-quarter of the bill.  Landowners whose property is affected by the erosion would be asked to pick up the additional quarter.


            Much discussion continued between the Town Board and residents present with several questions and suggestions being directed to the conservation officials.



2.)   Community Development Consortium Funding

Southtowns Rural Transit Van - $180,271

Rural Transit – Van Replacement - $27,670


Supervisor Nellis received correspondence from Joel Giambra, Erie County

Executive regarding the Community Development Block Grant Program.  The projects that were approved are Southtowns Rural Transit Service in the amount of $180,271 and Rural Transit Service-Van Replacement in the amount of $27,670.  Mr. Giambra congratulated Supervisor Nellis on a fine application.  The Consortium’s Project Selection Committee received fifty-one proposals with approved applications of twenty. 


3.)   Letter from NYS Department of Transportation approving the lowering of speed on Jennings Road from Paxon Road to Route 62 to 45 miles per hour, effective date to be announced.


Supervisor Nellis received correspondence from Kenneth Kosnikowski, Traffic

Engineering & Safety for the NYS Department of Transportation approving the lowering of speed on Jennings Road from Paxon Road to Route 62 to 45 miles per hour.  All signs necessary to post the speed zone shall be erected by Erie County.  The effective date depends on signage being in place.


4.)   Letter from NYS Department of Transportation confirming May 2003 for the Route 62 Beautification Project.


Supervisor Nellis received correspondence from Gabe DelVecchio, Regional

Design Engineer for the NYS Department of Transportation stating that the Town of Eden’s request for streetscape improvements on Main Street, between Shadagee Road and Park Street was included in the Erie/Niagara Counties Landscape Block Project.  The project is currently scheduled for construction in May 2003.  Project items include tree plantings, placement of benches, trash receptacles and bicycle racks.


5.)   Niagara Mohawk, Re:  Streetlight Proposal


Paul Laing, Eden Fire Chief requested a streetlight proposal for installing a 400-

watt metal halide floodlight in front of the Eden Fire Hall.  Supervisor Nellis received correspondence from Stephen Schmonsky, Niagara Mohawk with a proposal for installing the floodlight at an annual cost of $210.60.


MOTION was made by Councilman Zittel to approve the proposal to install a 400-watt metal halide floodlight in front of the Eden Fire with an annual cost of $210.60; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? Councilman Walker; Motion carried.


6.)   Resolution – Authorizing the Commitment of Funds in Support of an Application for Non-Ag Nonpoint Source Pollution Abatement and Control Funds.


MOTION was made by Councilman Walker to approve the adoption of the following resolution:




WHEREAS, the Erie County Soil & Water Conservation District is interested in preserving and improving the water quality in priority watersheds in Erie County; and


WHEREAS,   the Eighteenmile Creek Watershed is listed in the New York State Priority Waterbodies List and is considered a high priority watershed in the Erie County Water Quality Strategy; and


WHEREAS,   fish propagation and survival has been identified as a primary use impairment in the Eighteenmile Creek Watershed and the primary source of pollution in the watershed has been identified as streambank erosion; and


WHEREAS,   The District has identified reaches of streambank in need of stabilization through a visual inspection of the main branches of Eighteenmile Creek and its major tributaries; and


WHEREAS,   the County of Erie and eight municipalities in Eighteenmile Creek Watershed, including the Town of Eden have been identified by the District as potential partners to support the District’s efforts to install Best Management Practices (BMPs) to stabilize the streambanks and improve aquatic habitat; and


WHEREAS,   the District will apply for funds through the Non Ag Nonpoint Source Pollution and Abatement Control Grant Program to supplement local resources for their purpose of installing BMPs to stabilize the streambanks and improve aquatic habitat;


NOW, THEREFORE BE IT RESOLVED, that the Town of Eden commits $10,000.00 of the 2004 budget to join the Eighteenmile Creek Streambank Stabilization Partnership Program and support the Erie County Soil & Water Conservation District’s application for Non-Ag Nonpoint Source Abatement and Control Program of the NYS Environmental Protection Fund and/or Environmental Bond Act; and


BE IT FURTHER RESOLVED, that such funds may take the form of cash on in-kind contribution as outlined in the Eighteenmile Creek Partnership Program; and


BE IT FURTHER RESOLVED, that a copy of this Resolution be submitted to the Erie County Soil & Water Conservation District prior to January 31, 2003 to be included as part of the application process; and


BE IT FURTHER RESOLVED, that this Resolution take effect immediately and that a certified copy of this Resolution be transmitted to:  Cally Miklasz, Erie County Soil & Water Conservation District, 50 Commerce Way, East Aurora, NY 14052.


Seconded by Councilman Vacco; all “Ayes”; Motion carried


Supervisor’s Report:


            Supervisor Nellis reported that he received an e-mail from recognizing that Eden’s website has been selected for the “Best in WNY” home page with thanks to Councilman Pew for all her efforts.


Hearing of Visitors:


            There were none.




MOTION was made by Councilman Zittel to adjourn the Work Session Meeting of the Eden Town Board; seconded by Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.


            Supervisor Nellis adjourned the Work Session Meeting of the Eden Town Board at 9:00 P.M.


Executive Session:

            Supervisor Nellis adjourned the Executive Session of the Eden Town Board Meeting at 9:30 P.M.


                                                                                                Respectfully submitted by,


                                                                                             Mary Jo Hultquist, Town Clerk


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