WORK SESSION
MEETING – EDEN TOWN
BOARD
2795
EAST CHURCH STREET
EDEN,
NEW YORK
APRIL 26, 2006
7:30 P.M.
TOWN BOARD MEMBERS PRESENT:
GLENN
R. NELLIS - SUPERVISOR
MARY LOU
PEW - COUNCILWOMAN (Deputy Supervisor)
EDWARD
KRYCIA, JR. - COUNCILMAN
VINCENT V.
VACCO - COUNCILMAN
RICHARD S.
VENTRY - COUNCILMAN
OTHERS PRESENT:
Heather
Ohmit - Deputy 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:
- Correspondence
from Pietrocarlo’s Wine & Liquor Store, Re: Renewal of Liquor License
Supervisor Nellis read
correspondence from Pietrocarlo’s Wine & Liquor Store at
8517 North Main Street
regarding the renewal of the liquor license which correspondence was accepted
and filed.
- Appointment
– Historic Review Board
Supervisor Nellis read
correspondence from the Eden Historic Review Board
recommending Mr. Lester Schummer be
appointed to fill one of the vacancies on the Historic Review Board.
MOTION was made by Supervisor Nellis to appoint Mr.
Schummer to the Historic Review Board for a 3-year term; seconded by Councilman
Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
- Presentation
on Changes in Minimum Standards for Administering and Enforcement of
Building Code
Scott Henry, Code Enforcement
Officer made reference of a memo to the Town
Board dated February 2, 2006 that relates to the changes
adopted by the state and to be come effective January 1, 2007, which is on file
in the Town Clerk’s office, which gives each town, village and city a chance to
modify their own codes to be consistent with the new requirements. The specific regulation is 19NYCRR (New York
Code Rules & Regulations) Part 1203.
Mr. Henry
stated that pursuant to state law, the town of Eden
is charged with providing, through local law, for the administration and
enforcement of the Uniform Code.
Existing town of Eden Chapter 110 was modeled after the current “old”
19NYCRR Part 1203. Mr. Henry stated that
the existing Town Code Chapter 110 must be revised to incorporate those changes
necessary to meet the minimum requirements of, and be consistent with, the new
Part 1203 before the end of the year 2006.
While the old and new are quite similar, the Town Board should take
special note that an increased burden will be placed on the town, and the building
department, in order to comply with some of the provisions; specifically the
requirements for “Notification regarding fire or explosion”, “Operating
permits”, “Fire safety inspections” and “Program review and reporting”.
Mr. Henry suggested going through and
highlight the changes, the things the town needs to do to incorporate and
modify our code to be consistent with these new regulations. The majority of the changes occurred in Part
1203.3, with minor changes. A new
section of the code “Operating permits”, which means we have to now create an
application and log this information into the system and do inspections and
issue certificates for specific conditions or circumstances or operations that
are already existing in town. Another
section relating to fire safety and property maintenance inspections of all
multiple dwellings and all nonresidential occupancies not to exceed three
years. That is not done at this
time. Part 1203.4
Program review and reporting. (a)
every city, village, town and county shall submit
annually to the Secretary of State, on a form prescribed by the Secretary, a
report of its activities relative to administration and enforcement of the
Uniform Code. That is not done at this
time.
All of the
additional provisions will place an increased burden on the town and the
building department in order to comply with some of the new provisions. An inspection checklist will be needed to
keep accurate records of the new provisions.
Discussion
ensued regarding the time limitations that will be incurred with the changes
and the additional work load and what, if any, will be the penalties if we
don’t meet their requirements of the reporting.
It is unknown of their response at this time. Discussion will continue, as information is
available regarding compliance with the changes to the code with discussion
with Attorney Trask.
- Correspondence
from Erie County
Water Authority,
Re: Estimate and Plan for Repair of the Water Main at Hemlock
Road and Depot
Street
Supervisor Nellis read
correspondence from S. Alan Strycharz, Civil Engineer
from Erie County Water Authority
regarding water main repair at Hemlock Road
and Depot Street. The total estimated cost for materials and
labor is $31,500.00. Prior to
commencement of any work, approvals from the Erie County Industrial Development
Agency are required. A work schedule is
not available at this time.
- Community
Proclamations
Supervisor Nellis read the
following proclamation:
WHEREAS, May 2, 2006 will mark the 25th
Anniversary of the Ordination of Reverend Walter Grabowski; and
WHEREAS, Reverend
Walter Grabowski has dedicated the past 25 year of his life to the service of
God and his fellow man; and
WHEREAS, Father
Walter has given guidance and spiritual inspiration to his parishioners and
many others for this many years; and
WHEREAS, since
the year 2000, Father Walter has shepherded the parishioners of Immaculate
Conception Church, earning their respect and admiration by his wholehearted
leadership and dedicated participation in many church projects; and
WHEREAS, on
April 30th parishioners and friends of Father Walter will gather
together at Immaculate Conception Church to give thanks and to celebrate this
special Silver Anniversary;
NOW, THEREFORE, the Eden Town Board wholeheartedly
congratulates Reverend Walter Grabowski on the occasion of his 25th
Anniversary of Ordination and extends to him our best wishes for many more
happy, production and blessed years in his divine call to a priestly life.
MOTION was made by Supervisor Nellis to accept the
proclamation as presented; seconded by Councilman Krycia; All “Ayes”; Opposed?
– None; Abstain? – None; Motion carried.
Supervisor
Nellis read the following Resolution:
RETIREMENT RESOLUTION
RECOGNIZING
The Reverend Richard Caldwell and
Mrs. Diane Caldwell
WHEREAS, the
Reverend Richard Caldwell has for over 30 years provided ecumenical leadership
to various ventures in this community; and
WHEREAS, he
has served with distinction and good will towards all in his ministry in the
greater community of Eden; and
WHEREAS, he
has led by example as Coordinator and member of the Ecumenical Clergy of our
community for years and Director and Volunteer of the Boys and Girls Club of
Eden; and
WHEREAS, he
has encouraged the congregation of Eden United Methodist Church to provide
space for the much needed Eden Ecumenical Food Pantry as well as provided
sponsorship and space for Cub and Boy Scout Troop 603, again showing a
commitment to serve and to lead by example;
NOW, THEREFORE, the Eden Town Board wholeheartedly
congratulates the Reverend Richard Caldwell on his retirement from the Eden
Methodist Church by giving our thanks and deep appreciation from the entire
community of Eden for his many years of service, leadership and commitment to
the community called Eden; and
BE IT FURTHER RESOLVED that we recognize Reverend
Caldwell’s wife, Diane, for her services as well over these many years to this
community. Thank you Diane!; and
FINALLY, LET IT BE RESOLVED that by unanimous vote,
the Eden Town Board designates Saturday, May 6th as “The Reverend
Richard and Diane Caldwell Day” in the Town of Eden with a well-done and deep
thanks for all you have done on this community’s behalf.
MOTION was made by Councilwoman Pew to accept the
resolution as presented; seconded by Councilman Vacco; All “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.
- Community
Preservation Act
Supervisor Nellis read
correspondence from Frank Mantione, Chairman of the
Eden Conservation Board regarding a Resolution - Community
Preservation Act.
Councilwoman Pew read the
following memo:
Enclosed
is material concerning the Community Preservation Act (A6450, DiNapoli/S.3153,Marcellino).
The
Community Preservation Act would allow towns to put a referendum before voters
giving the town authority to create a Community Preservation Fund using a real
estate transfer fee of not more than 2 percent of the purchase price above the
median home value in that county.
The
monies would support the preservation of natural areas or working farms
identified in a town plan.
In
1998 after intense lobbying efforts, several towns on Long Island received
permission from the New York Legislature and Governor Pataki to create a 2
percent Real Estate Transfer Tax.
Residents in each town voted for the program by a wide margin. Since it was established by referendum in
November 1998, the five Community Preservation Funds have generated over $150
million for land protection.
At this time the proposed
legislation has passed the Assembly and will go on to the Senate. The Conservation Board respectfully requests
that the Town of Eden pass a
resolution supporting this legislation and that a copy of this resolution be
sent to our elected representatives in Albany
and Washington.
Thank you for your support of the
Community Preservation Act.
Mr.
Mantione stated that he has been following this legislation with the help of
the Preservation League of New York State and the Environmental Advocates of
New York State. At the present time, the
bill has passed the Assembly by a vote of 134.
A Community Preservation Fund (CPF) is a dedicated perpetual
environmental fund that can be used to preserve open space, protect drinking
water and surface water quality, and to create community parks. A CPF allows towns to apply for matching
funds from the state, county, and federal governments to purchase areas of
significant value to the town. It also
requires an advisory committee to oversee the purchases. There have been 2 laws enacted by the New York
State Legislature, allowing only SIX towns in NYS to have a CPF.
Frank
Mantione states that this gives the town the opportunity to adopt the
resolution, if they want to.
Discussion
continued between the Town Board members and the residents present, whether
this is a tax or not. The transfer fee
collected would be on the buyer of the property.
Supervisor
Nellis stated that at this time Mr. Mantione is looking for the Town Board to
adopt the resolution encouraging the legislation being passed by the State
Senate that would amend the tax law to authorize towns to impose a real estate
transfer fee of up to 2 percent, with revenues to be deposited in a dedicated
Community Preservation Fund, as recommended by the Eden Conservation Board.
Supervisor
Nellis read the following resolution:
WHEREAS, the
Town of Eden recognizes the value of maintaining the qualities that make our
Town unique and beautiful, including public spaces, natural land, and special
places; and
WHEREAS, the
Community Preservation Act will provide an optional tool for maintaining open
land to provide parks and recreational opportunities, protect water quality,
preserve wildlife habitat, and protect natural views; and
WHEREAS, the
Community Preservation Act will help the Town enter into voluntary conservation
agreements with farmers to keep agriculture alive in our community, preserve
valuable farmland, and provide a local source of healthy food; and
WHEREAS, the
Community Preservation Act can help the Town preserve historic landmarks in our
community so as to educate future generations about our community’s past; and
WHEREAS, the
Community Preservation Act would allow municipalities, at their option, to plan
for the future and provide the resources needed to purchase land for walking or
biking trails, parks, and open space; and
WHEREAS, the
Community Preservation Act is proposed legislation that would amend the tax law
to authorize towns to impose a real estate transfer fee of up to 2 percent,
with revenues to be deposited in a dedicated Community Preservation Fund; and
WHEREAS, the
Town of Eden wishes to have the opportunity to create a Community Preservation
Plan and offer a referendum to the voters to create a Community Preservation
Fund to implement said Plan; and
WHEREAS, the
Community Preservation Act would require the Town, if it chose to pursue this
option, to complete a local Community Preservation Plan, pass local legislation
and hold a local voter referendum; and
NOW, THEREFORE BE IT RESOLVED, that the Town fully
supports the Community Preservation Act (S.3153/A.6450); and
BE IT FURTHER RESOLVED that a copy of this Resolution
be sent to Governor George E. Pataki, State Senator Joseph Bruno, State Senator
William Stachowski, State Assembly Speaker Sheldon Silver, and State Assembly
member Jack Quinn, as well as Senators Schumer and Clinton and Congress member
Brian Higgins.
After more
discussion, the following motion was offered:
MOTION was made by Supervisor Nellis to adopt the
resolution as presented; seconded by Councilman Krycia; “Ayes”? – Nellis,
Krycia; Abstain? – None; Opposed? – Vacco, Pew, Ventry; Motion declined.
- Approval
of HRA – contract related to our health insurance
Supervisor Nellis stated that this
item would be moved to “Old Business” to
be reviewed and discussed at a
future town board meeting.
- Sidewalks
Supervisor Nellis read the
following resolution:
RESOLUTION AUTHORIZING SUPERVISOR GLENN R. NELLIS TO
EXPEND FUNDS FROM THE GENERAL MAINTENANCE RESERVE FUND OF THE TOWN OF EDEN,
SUBJECT TO PERMISSIVE REFERENDUM
The
Town Board of the Town of Eden, duly convened in regular session, does hereby
resolve pursuant to the provisions of Section 6-c of the General Municipal Law
if the State of New York that the Town Supervisor of the Town of Eden be and is
hereby authorized and directed to transfer from the General Maintenance Reserve
Fund of the Town of Eden to the Town Hall Contractual Line, Account Number
A1620.4, a sum not to exceed $15,000 from said Reserve Fund for the purpose of
replacing sidewalks on Each Church Street.
Supervisor
Nellis stated that the area of sidewalks to be replaced would be
from the Town Hall to
Hammond Drive on the south side of the street and on the north side of the
street from the parking lot to the cemetery, also the HSBC frontage and the
Town Hall frontage. The cost is unknown,
but the town is committed to work on the sidewalks with grant money. HSBC may be contributed to the cost as well.
MOTION was made by
Councilwoman Pew to authorize Supervisor Nellis to expend $15,000 from the
General Maintenance Reserve Fund, subject to Permissive Referendum; seconded by
Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor Report:
No report.
Hearing of Visitors:
Ray
Klein, 2931 Maple Avenue
Joe Klug, 7700
Bley Road
Adjournment:
MOTION was made by Councilwoman Pew 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 9:30 P.M.
Executive Session:
Supervisor
Nellis adjourned the Executive Session of the Eden Town Board at 10:30 P.M.
Respectfully
submitted by,
Heather
Ohmit
