2003 PAYABLES

MOTION was made by Councilwoman Pew to approve the Audit of Bills as presented; seconded by Councilman Krycia; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

Departmental Reports:

            Department reports for the month of March 2004 were presented by Paul Shephard, Eden Emergency Squad; Paul Laing, Eden Fire Chief; Paul Laing for Kevin Schoenthal, East Eden Fire Chief; Patrick Howard, Eden Police Chief; Ronald Maggs, Superintendent of Highways; Kristen Haight for Andrew Reilly, Town Engineer; Mary Jo Hultquist, Town Clerk; Supervisor Nellis for Scott Henry, Zoning Code Enforcement Officer; Susan Brass, Recreation Director; Robert Pietrocarlo, Chairman Board of Assessors.  All reports are on file in the Town Clerk’s office.

            Robert Pietrocarlo, Head Assessor publicly thanked Charlie Dias for his help with the purchase of printers for the Assessors office.

            Paul Laing, Eden Fire Chief requested permission for Eden and East Eden to advertise the RFP’s for Itemized Fire Equipment with a bid opening date of May 7, 2004 at 4:00 P.M. in the Town Clerk’s office.

MOTION was made by Councilman Vacco to grant permission to the Eden and East Eden Fire Departments to hold a bid opening for Itemized Fire Equipment on May 7, 2004 at 4:00 P.M. in the Town Clerk’s office; seconded by Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Paul Laing, Eden Fire Chief requested adding the name of Joseph Poppenburg of 3104 East Church Street to the active roster, pending physical exam and background checks.

MOTION was made by Councilwoman Pew to the add the name of Joseph Poppenburg to the active roster of the Eden Fire Department, pending physical exam and background checks; seconded by Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Paul Laing, Eden Fire Chief gave the following notice to residents:

·       During the month of April, the Eden Fire Department will be conducting several training sessions on Main Street, next to Eden Seafood on a house that was made available to use by Mr. Richard Ventry.

Supervisor Nellis read correspondence from John McCarthy, East Eden Fire

Department, regarding needed repairs to an evacuation ladder in the amount of $280.00.

MOTION was made by Supervisor Nellis to approve the expenditure of up to $280.00 to repair the evacuation ladder; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Ron Maggs, Highway Superintendent received correspondence from Jay Braymiller, President of Boys & Girls Club of Eden regarding continued support from the Eden Highway Department with various projects they have planned.  Superintendent Maggs stated that the support would be totally at his discretion as is with WinterFest and the Corn Festival.

MOTION was made by Councilwoman Pew to approve the support to the Eden Boys & Girls Club by the Highway Department at the discretion of Ron Maggs, Highway Superintendent; seconded by Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Ron Maggs, Highway Superintendent requested permission to attend Highway School in Ithaca, New York on June 7-9, 2004.

MOTION was made by Councilwoman Pew to allow Ron Maggs, Highway Superintendent to attend Highway School in Ithaca, NY on June 7-9, 2004; seconded by Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Ron Maggs, Highway Superintendent requested the Town Board to declare the 1988 Ford Super duty Dump Truck, VIN #2FDLF47M7JCB46896 (Highway Truck #23) Surplus and will accept sealed bids.  The bid opening to be held on Wednesday, May 5, 2004 at 10:00 A.M. in the Town Clerk’s office.

MOTION was made by Councilwoman Pew to declare the 1988 Ford Super duty Dump Truck surplus and schedule the bid opening for Wednesday, May 4, 2004 at 10:00 A.M. in the Town Clerk’s office; seconded by Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Mary Jo Hultquist, Town Clerk requested permission to attend the NYS Town Clerk’s Association conference in Saratoga Springs, NY on April 18-21, 2004.

MOTION was made by Councilwoman Pew to allow Mary Jo Hultquist, Town Clerk to attend the NYS Town Clerk’s Association conference in Saratoga Springs, NY on April 18-21, 2004; seconded by Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Supervisor Nellis read correspondence from Mary Jo Hultquist, Town Clerk regarding the restoration of the Minute Book 1968-71 at a cost of $1,092.00, which cost was included in the 2004 budget. 

MOTION was made by Councilman Krycia to allow the expenditure of $1,092.00 to restore the 1968-71 Minute Book; seconded by Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

MOTION was made by Councilman Vacco to close the Regular Meeting of the Eden Town Board for public hearing; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Supervisor Nellis closed the Regular Meeting of the Eden Town Board at 8:00 P.M.

MOTION was made by Councilman Vacco to open the Public Hearing to consider adoption of Proposed Local Law #2-2004, being a revised Telecommunications Facilities Law of the Town of Eden; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Supervisor Nellis opened the Public Hearing at 8:00 P.M.

8:00 P.M.

Public Hearing

To consider the Proposed Local Law #2-2004

Being a revised Telecommunications Facilities Law of

The Town of Eden

            Supervisor Nellis explained the purpose of the public hearing was to listen to any concerns or questions that citizens have.

            There were no comments.

8:05 P.M.

Public Hearing

To consider adoption of Proposed Local Law #3-2004

being a new Wind Energy Conversion Systems Law Of

 the Town of Eden

            Supervisor Nellis explained the purpose of the public hearing was to listen to any concerns or questions that citizens have.

The following persons spoke and asked questions about the Proposed Local Law:

            Thomas Jones                          8492 North Main Street

            Sam D’Agostino                      9687 New Oregon Road

            Discussion continued between the citizens and members of the Town Board.  Kristen Haight, representative for Andrew Reilly, Town Engineer will review the information along with Bill Trask, Town Attorney to determine commercial/non-commercial use, specifically Section 217.4 Requirements (A)(2) Zoning District Requirements.

All persons desiring to be heard, having been heard, Supervisor Nellis closed the Public Hearing at 8:20 P.M.

MOTION was made by Supervisor Nellis to close the Public Hearing; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

MOTION was made by Supervisor Nellis to open the Regular Meeting of the Eden Town Board; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

New and Unfinished Business:

1. Resolution for Eden Dolphins Swim Club – WNY Champions

Supervisor Nellis noted that a presentation would be made at the May 12^th Town

Board meeting when representatives from the Eden Dolphin Swim Team would be present.  He then read the following resolution:

RESOLUTION

HONORING

EDEN DOLPHIN SWIM TEAM

WHEREAS,   for over two decades, the Eden Dolphin Swim Club, through the Eden Recreation Department, has given community youngsters an opportunity to learn to swim and to compete at a high level if they choose; and

WHEREAS,   the Club has established a tradition of excellence built up on a committed group of volunteers/parents who make up the Club membership along with excellent coaching; and

WHEREAS,   the Eden Dolphins are competing against Clubs with a much larger population base and with year-round programs; and

WHEREAS,   above all, the commitment of these young swimmers to learn, practice and compete has resulted in the following accomplishments this year:

• 130 boys and girls, ages 5-18 competed
• 17 Club records were set
• WNY Open Division Champions – 4^th straight year
• 18 swimmers qualified for the Gold District Championship and 46 swimmers qualified for the Silver District Championships
• And for the 4^th straight year, an Eden swimmer (2 swimmers this year) qualified for the Northeast United States Championship (Virginia to Maine); and

NOW, THEREFORE BE IT RESOLVED that the Eden Town Board acting in concurrence with the Recreation Department congratulates each swimmer for their commitment to excellence individually, and as a team in 2003-2004, and give special recognition to the Eden Dolphin Swim Club officers, coaches and the many meet volunteers for this outstanding effort; and

FURTHERMORE, we designate Thursday, May 13, 2004 as “Eden Dolphin Swim Club” Day in our Community to properly express our pride in what you have accomplished this year.

MOTION was made by Supervisor Nellis to accept the resolution; seconded by Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.   

MOTION was made by Councilman Vacco to close the Regular Meeting of the Eden Town Board for public hearing; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Supervisor Nellis closed the Regular Meeting of the Eden Town Board at 8:30 P.M.

MOTION was made by Councilman Vacco to open the Public Hearing to consider the proposed Violet Parkway Pump Station; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

            Supervisor Nellis opened the Public Hearing at 8:30 P.M.

8:30 P.M.

Public Hearing

Proposed Violet Parkway Pump Station

            Supervisor Nellis explained the purpose of the public hearing was to listen to any concerns or questions that citizens have.  Supervisor Nellis also recognized Paul Becker from Erie County Water Authority and Steve Waldvogel, Project Engineer from R & D Engineering, Inc.

            Mr. Waldvogel gave the following presentation:

PROJECT BACKGROUND

·       Existing pressure problems near the East Church Street tank

·       Frequent complaints to ECWA during summer months

·       Water District No. 4 if proposed (2002)

·       Concerns raised regarding supply to East Church Street tank

·       Approval of WD4 contingent upon construction of the Violet Pkwy. Pump Station

·       Water District No. 4 is constructed (2003-2004)

·       Town of Eden begins legal/financial process

·       No other water projects can move forward until Violet Pkwy. Pump station is completed

·       Pump station Map, Plan and Report is prepared

·       Public hearing

PROJECT BENEFITS

·       Increased operational flexibility

·       Improved pressure near the East Church Street tank

·       Supplemental supply to the East Church Street Zone to offset Water District No. 4 demands

·       Redundant supply for Eden 2, Eden 3, Eden 4 and WD 4 pressure zones

·       Emergency supply for Hamlet, Route 62 and Western sections of town

PROJECT COSTS

·       Maximum amount to be expended                               $578,000

·       Estimated annual assessment                                       $0.105/$1000

·       Estimated annual cost for property with                      $10.50

Assessed value of $100,000

The following persons spoke or asked questions about the Violet Street Pump Station:

            Wilbert Smutz, 3094 East Church Street

All persons desiring to be heard, having been heard, Supervisor Nellis closed the Public Hearing at 8:42 P.M.

MOTION was made by Councilman Vacco to close the Public Hearing; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

MOTION was made by Councilman Vacco to open the Regular Meeting of the Eden Town Board; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

2. Fire Alarm Annual Inspection and Testing Contract

This item was tabled for further review.

3. Contract with Hodgson & Russ – Violet Street Pump Station

Supervisor Nellis read the following agreement:

LEGAL SERVICES AGREEMENT

            This agreement made this 14^th day of April, 2004 between the Town of Eden, in the County of Erie, New York, hereinafter referred to as the “Town,” and Hodgson Russ LLP, attorneys and counselors at law, of Buffalo, New York, hereinafter referred to as “Attorney”.

            WHEREAS,   the Attorney agrees to perform all legal services necessary to render approving legal opinions as to the validity of the serial bonds and bond anticipation notes issued under the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, pursuant to a bond resolution to be adopted authorizing the issuance of $578,000 serial bonds for Water System Improvements (the “Project”):

WITNESSETH:

            That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed:

            That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed:

SECTION A – LEGAL SERVICES

            That the Attorney will perform such services as are necessary to accomplish the above recited objectives including, but not limited to, the following:

1.     Preparation and/or review of legal proceedings in connection with the Project in the Town; preparation and/or review of any additional proceedings regarding such project and authorization of the Rural Development (“RD”) financing, and preparation and/or review of documentation relative to the sale and issuance of serial bonds to RD.

2.     Furnishing advice and assistance to the Town if connection with (a) the preparation and enactment/or review of such resolutions as may be necessary in connection with the authorization for financing of the project; (b) the preparation of such affidavits and other documentation, and the furnishing of such advice as may be needed in connection therewith; (c) the preparation and completion of such bonds or other obligations as may be necessary to finance the project; and (d) such other actions as may be necessary in connection with the financing of the project.

SECTION B – COMPENSATION

            The Town will pay to the Attorney for professional services rendered in accordance herewith, fees and disbursements as shown on Exhibit A attached hereto and hereby made a part hereof.

SECTION C – OTHER PROVISIONS

            That the Town shall by appropriate resolution duly adopts and ratifies this agreement.

MOTION was made by Councilman Vacco to adopt the agreement as presented subject to review by Bill Trask, Town Attorney; seconded by Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

4. Recommendations of Technology Committee

• Adoption of Internet Policy
• Adoption of “Help Desk Application” Policy

The above items were tabled for further review and discussion.

• Proposed Appointment of Charles Dias as Computer Consultant

The above item was tabled for discussion in the Executive Session.

• Approval of the Purchase of Norton Anti-Virus Software under NYS Archival Grant
• Approve Purchase of Equipment for Emergency Services

The above items will be purchased through the e-government NYS Archives

Grant.

5. Proposed Zoning Change – Main Street – (Schedule Public Hearing)

Supervisor Nellis read correspondence from Mark Agle, Chairman of the Eden

Planning Board regarding the re-zoning of an area of North Main Street (including 8442 N. Main) from OB to GB.  There is a small strip of property (about 4 lots on the west side of Main Street) zoned OB, with GB to the North and GB to the South.  It is the recommendation of the Planning Board that the Town Board consider re-zoning this OB area to GB.  This re-zoning would create a uniform zone in the area and would conform to the Master Plan.

MOTION was made by Supervisor Nellis to set a public hearing for May 12, 2004 at 8:00 P.M. to discuss the proposed zoning change; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

6. State Environmental Quality Review (SEQR) – Telecommunications Law

Supervisor Nellis read the following resolution:

WHEREAS,   in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law, the Eden Town Board has reviewed the proposed modifications to the code of the Town of Eden, Chapter 197, Telecommunications Facilities, and

WHEREAS, the code modifications will not adversely affect the natural resources of the State and/or the health, safety, and welfare of the public, and are consistent with social and economic considerations;

THEREFORE BE IT RESOLVED that the Town of Eden has determined that the proposed modifications to the Chapter 197, Telecommunications Facilities, are 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 reasons:

1.     The modifications are in conformance with the adopted Town of Eden Comprehensive Plan.

2.     The modifications to Chapter 197- Telecommunications Facilities, will have no direct physical impact on the natural, manmade, or environmental resources of the Town.

3.     The intent of those modifications is to protect the environment by promoting sound environmental planning and providing improved design guidelines for Telecommunications Facilities.

BE IT FURTHER RESOLVED that the Supervisor be authorized to sign the Environmental Assessment Form.

MOTION was made by Councilman Vacco to accept the resolution and authorize Supervisor Nellis to sign the Environmental Assessment Form; seconded by Councilman Krycia; “Ayes”, Nellis, Krycia, Vacco; Opposed? – Pew; Abstain? – None; Motion carried.

• Councilwoman Pew is opposed to some of the language on behalf of the Technology Committee because the law does not address the commercial/non commercial issues and nothing against T-Mobile.

Supervisor Nellis read the following resolution:

WHEREAS,   the Town of Eden has researched, developed and recommended modifications to the Code of the Town of Eden, Chapter 197 (Telecommunications Facilities), and

WHEREAS,   these modifications were developed in accordance with the recommendations of the adopted Town of Eden Comprehensive Plan, and

WHEREAS,   the Town Board has held the required Public Hearing, made modifications in response to comments, an held a second Public Hearing, and

WHEREAS,   in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law, the Eden Town Board has reviewed the proposed modifications to the Code of the Town of Eden, Chapter 197, and issued a SEQRA Negative Declaration.

NOW, THEREFORE BE IT RESOLVED that the Town of Eden hereby adopts the proposed modifications to the Code of the Town of Eden, Chapter 197 (Telecommunications Facilities), based on the following reasons:

1.     The modifications to Chapter 197 – Telecommunications Facilities, will have no direct physical impact on the natural, manmade, or environmental resources of the Town, and are designed to direct appropriate development as recommended in the Comprehensive Plan and protect important environmental resources throughout the Town.

2.     The intent of the revised Telecommunications Facilities Law is to protect the environment by promoting sound planning and good design, and to preserve the rural character of the Town.

BE IT FURTHER RESOLVED that the Supervisor’s office be directed to produce the final copy of the proposed Code revisions for submission to the Department of State and General Code Publishers Corporation.

MOTION was made by Councilman Krycia to accept the resolution and adopt Local Law #2-2004, being a revised Telecommunications Facilities Law of the Town of Eden; seconded by Councilman Vacco; “Ayes”; Nellis, Krycia, Vacco; Opposed? – Pew; Abstain? – None; Motion carried.

7. Patriot Resolution on Tax Payments

Supervisor Nellis read the following resolution:

TOWN OF EDEN

A RESOLUTION EXTENDING THE DEADLINE FOR THE PAYMENT OF REAL PROPERTY TAXES BY ELIGIBLE PERSONS DEPLYED BY THE MILITARY

WHEREAS,   by reason of the enactment of 925-d of the Real Property Tax Lax, a municipal corporation to which real property tax is owed is authorized, by passing a local resolution, to extend any deadline with respect to the payment of such real property tax without penalties or interest where said tax is owned by a person who has been deployed by the military, or by the spouse or domestic partner of such deployed person, for real property of such deployed person; and

WHEREAS, a “person deployed by the military” is defined in RPTL 925-d to mean a person who as been ordered to active duty, other than training, for the period beginning with a declaration of war by Congress and ending with a date prescribed by Presidential proclamation or concurrent resolution of Congress or during any periods of combat designated by presidential executive order to hazardous duty;

NOW, THEREFORE BE IT RESOLVED that with respect to real property tax owned by a person who has been deployed by the military, or by the spouse or domestic partner of such person, for real property of a person so deployed, any deadline with respect to the payment of such real property tax without penalties or interest shall be extended for a period of ninety days after the end of such deployment; and it is further

RESOLVED that the Erie County Director of Veterans Services shall notify the local commanders of each United States Army, United Stated Navy, United States Air Force, United States Marine Corps, and United States Coast Guard office/unit, including the local Reserve and National Guard components, of this extension of deadline for the payment of the Erie County real property tax, in order that those officials can notify their local soldiers, sailors, airmen and airwomen, and marines of this important issue and extension;

BE IT FURTHER RESOLVED that the Town Clerk is directed to prepare and provide certified copies of this resolution to the Erie County Division of Real Property Tax Services, the Erie County Office of the Comptroller, the Erie County Director of Veterans Services, and the tax collector of each town/city/village in Erie County.

MOTION was made by Councilman Vacco to accept the resolution; seconded by Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

8. Notification of Liquor License Renewal – Schunk’s West Hill Grill

Supervisor Nellis stated that the Town of Eden has received and filed

notification from Dan Shunk, owner of Shunks West Hill Grill, 4274 Keller Road, Eden, NY, of his renewal to the New York State Liquor Authority for an on-premise liquor license.

9. Appointment to the Code Review Committee

Supervisor Nellis received correspondence from the Code Review Committee to

add the name of Patrick Howard, Police Chief, to the Code Review Committee.

MOTION was made by Councilwoman Pew to the add Patrick Howard to the Code Review Committee; seconded by Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.

Supervisor’s Report:

·       Attended a meeting with Mike Bolo regarding Erie County Industrial Development enhancement zones. 

·       Attended a meeting with Councilman Krycia and residents in the sewer extension area across from Katherine’s restaurant to Shadagee Road.

Hearing of Visitors:

            Mike Bolo, 9998 Clarksburg Road

            Wilbert Smutz, 3094 East Church Street

            Joe Klug, 7700 Bley Road

Adjournment:

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

            Supervisor Nellis adjourned the Regular Meeting of the Eden Town Board at 9:25 P.M.

Executive Session:

            Supervisor Nellis adjourned the Executive Session of the Eden Town Board Meeting at 11:00 P.M.

Respectfully submitted by,

Mary Jo Hultquist

Town Clerk