MINUTES

 

WORK SESSION MEETING – EDEN TOWN BOARD

2795 EAST CHURCH STREET

EDEN, NEW YORK

JANUARY 24, 2007

7:30 P.M.

 

TOWN BOARD MEMBERS PRESENT:

            GLENN R. NELLIS                -           SUPERVISOR

            MARY LOU PEW                   -           COUNCILWOMAN (absent)

            EDWARD KRYCIA, JR.        -           COUNCILMAN

            VINCENT V. VACCO            -           COUNCILMAN (absent)

            RICHARD S. VENTRY          -           COUNCILMAN

 

OTHERS PRESENT:

            Mary Jo Hultquist                    -           Town Clerk

                       

Call To Order:

 

            Supervisor Nellis called the Work Session of the Eden Town Board to order at 7:40 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. Appointments

 

Supervisor Nellis read correspondence from John Bauer, Chairman of the

Assessment Board of Review recommending R. Ferris Randall to a 4-year term to replace Roger Brandt.

 

MOTION was made by Supervisor Nellis to appoint R. Ferris Randall to a 4-year term to the Board of Assessment Review; seconded by Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

 

            Councilman Krycia read the following appointments recommended by Patrick M. Howard, Chief of Police:

 

Part-time Police Officers:       Re’ Biastre                  Seth Howard

                                                Michael Dau                Michael McCarthy

                                                Michael Felschow       Charles Privitera

                                                Joseph Flynn               Jason Schiedel

                                                Dave Hock

 

Part-time Dispatchers:            Teresa Blasz               Seth Howard

                                                Julie Boedo                 Darci Hultquist

                                                Robert Brueggeman     Thomas Jones

                                                Jane Henry

 

Reserve Police Captain:         Joseph Flynn

 

MOTION was made by Councilman Krycia to appointment the above-mentioned Part-time Police Officers, Part-time Dispatchers and Reserve Police Captain as recommended by Patrick M. Howard, Chief of Police; seconded by Councilman Ventry; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

           

                                               

2. Stormwater Work Plan

 

Supervisor Nellis read the following work plan components for the Town of Eden Stormwater Phase II Local Ordinance Adoption and Development of Funding Mechanisms:

 

1. Coordinate with Western New York Stormwater Coalition to get input-recommendations regarding fees for developers throughout Western New York.
2. Review and understand the Model Local Law to Prohibit Illicit discharges, Activities and Connections to Separate Storm Sewer System and the Sample Local Law for Stormwater Management and Erosion and Sediment Control.
3. Initiate an internal review of existing Town of Eden ordinances to identify and eliminate conflicting code(s).
4. Commence environmental review/SEQR process.
5. Schedule public hearing date for Eden Town Board.
6. Conduct public hearing.
7. Eden Town Board to provide determination of significance (i.e. Negative Declaration, etc.).
8. Adopt the ordinance.
9. File ordinance with the Secretary of State within ten days.
10. Investigate potential funding mechanisms, including state and federal government sources, to support the continuing development and implementation of the Town of Eden’s Stormwater Management Program.
11. Develop recommendations regarding the necessary steps to legally adopt permanent, long-term funding mechanism(s).
12. Adopt long-term funding mechanisms.

 

MOTION was made by Councilman Krycia to adopt the above-listed work plan components for the Town of Eden Stormwater Phase II Local Ordinance Adoption and Development of Funding Mechanisms; seconded by Councilman Ventry; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

 

3. Shadagee Road Water Project – Review of Engineering, Financial and Attorney Contracts

 

Supervisor Nellis recognized Stephen Waldvogel, Project Engineer, CRA

Infrastructure & Engineering, Inc.  Supervisor Nellis read the following:

 

MEMORANDUM OF UNDERSTANDING

IMPLEMENTING SMSI GRANT FOR THE SWEC REGIONAL WATER PROJECT

 

            THIS AGREEMENT, made this 24^th day of January, 2007, by and between the TOWNOF EDEN, a municipal corporation with offices at 2795 East Church Street, Eden, New York 14057-1280 (hereinafter referred to as “Eden”) and the TOWN OF BRANT, a municipal corporation with offices at 1294 Brant-North Collins Road, P.O. Box 228, Brant, New York 14027 (hereinafter referred to as “Brant”), the TOWN OF NORTH COLLINS, a municipal corporation with offices at 2051 Spruce Street, North Collins, New York 14111 (hereinafter referred to as “Town of North Collins”), the TOWN OF COLLINS, a municipal corporation with offices at 14093 Mill Street, Collins, New York 14034 (hereinafter referred to as “Town of Collins”), the VILLAGE OF NORTH COLLINS, a municipal corporation with offices at 10543 Main Street, North Collins, New York 14111 (hereinafter referred to as “Village of North Collins”) and the VILLAGE OF ANGOLA, a municipal corporation with offices at 41 Commercial Street, Angola, New York 14006 (hereinafter referred to as “Angola”). 

 

RECITALS

 

1. The Southwest Erie County (“SWEC”) region is an area in need of improved public water services.
2. The region includes the Town of Eden, the Town of Brant, the Town of North Collins, the Town of Collins, the Village of North Collins, and the Village of Angola.
3. The parties wish to jointly develop and construct improved water transmission facilities to meet future public water needs, and to study the development of an integrated water system for the area in accordance with a study by CRA Infrastructure & Engineering, Inc. (hereinafter referred to as “CRA”), to provide adequate water service, promote the health and safety of the residents in that area, and otherwise further economic growth (herein referred “SWEC Regional Water Project”).
4. Eden is constructing a new Shadagee Road and replacement Route 62 Transmission Line, which transmission line will have adequate excess capacity to serve the SWEC Regional Water Project of which it is an integral part.
5. By developing an integrated system through cooperative effort, the residents of Eden, Brant, Town of North Collins, Town of Collins, Village of North Collins, and Angola will benefit from affordable pricing for water services and beneficial financing by means of economies and scale, share of construction risks and costs and of regionalized operation and maintenance.
6. It is the purpose of this cooperative effort to take advantage of the recently awarded Shared Municipal Services Incentive (“SMSI”) Grant to provide benefits to the area to be served.
7. The parties have all separately authorized execution of this agreement in accordance with General Municipal Law, Article 5-G, Town Law, Article 12-a, and Village Law, Article 12.

 

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, receipt of which is hereby acknowledged, it is agreed:

 

1. Scope.  That the Parties agree to engage in cooperative efforts to evaluate, develop, construct, manage and maintain the SWEC Regional Water Project in their respective communities.
2. Duration.  The term of this Agreement shall be for an initial period equal to the time necessary to enter into a contract with New York State for the SMSI Grant, carry out tasks 1 to 13 on Schedule A, and terminating upon the creation of an Intermunicipal Agreement implementing the SWEC Regional Water Project.
3. Lead Agency. 
1. Eden shall act as Lead Agency for purposes of the State Environmental Quality Review Act, and coordination of the SMSI grant with New York State.
4. Matching Share.  Each community shall be responsible for providing a match to the SMSI grant fund, as shown on the attached Schedule A.  Each community shall decide which tasks it wishes to have performed and no community shall have any obligation to provide local match until it authorizes the completion of the specific task, and receives the related deliverable, on behalf of the community.  No decision by a specific community to have a particular task performed shall obligate that community for any expense or local share beyond the local share for the specific task authorized.  If any community foregoes the preparation of a specific task, Eden may, by paying the local match, apply the corresponding share of the SMSI grant to the Shadagee road Transmission Line as part of the SWEC Regional Water Project.
5. Representations by Towns & Villages.
1. Each party hereby represents by signing this agreement that it has taken all steps necessary for the execution of this Agreement.
2. That each is authorized to enter into this municipal agreement.
3. Each Municipality and District shall cooperate in taking whatever steps are necessary to allow the completion of the tasks listed on Schedule A.
4. That each will comply with this Memorandum of Understanding.
5. That each will annually make necessary budgetary allocations for the share of local match in accordance with Schedule A, to the extent each party will participate in the local match portion of the SMSI project.
6. Default.  In the event any of the parties shall not meet any of its obligations under this Agreement, the other parties may seek injunctive relief or specific performance in any court of competent jurisdiction and in doing so, shall be entitled to recover all costs and expenses so incurred, including but not limited to reasonable attorneys fees and court costs.
7. Assignment.  The parties may not assign, transfer, or otherwise dispose of this Agreement or its right, title or interest herein, without the previous written consent of the other parties.
8. Terms to be Exclusive.  This Agreement contains the sole and entire understanding between the parties.
9. Waiver and Modification.  No waiver or modification of this Agreement or of any covenant, condition or limitation herein shall be valid unless in writing and duly executed by the individual party to be charged therewith.  The failure of any party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right to remedy provided for in this Agreement shall not constitute a waiver of performance of any such covenant, agreement, term or condition.
10. New York State Law Applies.  This Agreement, the performance hereunder, and all actions and special proceedings relating hereto shall be construed in accordance with, under and pursuant to the laws of the State of New York.
11. Severability.  All provisions contained in this Agreement are severable.  In the event any provision of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such determination shall not affect any other provision of the Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
12. Notices.  Any notice under this Agreement shall be in writing and shall be deemed to have been duly given when mailed, postage pre-paid, to the parties at the address set forth below, or at such other address as either party may designate from time to time by notice hereunder.

 

PARTY                                               ADDRESS

 

TOWN OF EDEN                               2795 East Church Street

                                                                                    Eden, New York 14057-1280

                                                                                    716/992-3408

 

                        TOWN OF BRANT                            1294 Brant-North Collins Road

                                                                                    P.O. Box 228

                                                                                    Brant, New York 14027

                                                                                    716/549-0282

 

                        TOWN OF NORTH COLLINS           2051 Spruce Street

                                                                                    North Collins, New York 14111

                                                                                    716/337-3391

 

                        TOWN OF COLLINS                         14093 Mill Street

                                                                                    Collins, New York 14034

                                                                                    716/532-4887

 

                        VILLAGE OF NORTH COLLINS      10543 Main Street

                                                                                    North Collins, New York 14111

                                                                                    716/337-3160

 

                        VILLAGE OF ANGOLA                     41 Commercial Street

                                                                                    Angola, New York 14006

                                                                                    716/549-1126

 

13.  Independence of Agreement.  The parties acknowledge that all parties have undertaken and may undertake various projects unrelated to this Memorandum of Understanding.  It is the intent of the parties that this Agreement, and subsequent agreements contemplated herein, the services provided hereunder the thereunder and all payments, accounts receivables and equipment resulting from or required by the performance of such services shall be separate from and independent of all unrelated projects and activities of each party.  The parties, individually and collectively, shall have no right to, or claim upon, the assets, insurance proceeds or income of any of the others other than those associated with the performance of this agreement and related agreements, in satisfaction of any claim by the parties arising hereunder or thereunder.  A similar restrictive clause is contained and will be provided in all service agreements made by any of the parties.

 

SWEC Regional SMSI Water Project

Schedule A

Schedule of Matching Funds

                                                                        Community