291 – 359
Highway Dept. Fund
118 – 163
Fire Dept. Fund
112 – 140
Recreation Dept. Fund
56 – 83
Refuse and Garbage Fund
10 – 12
Street Lights Fund
Trust & Agency Fund
MOTION was made by Councilwoman Pew to approve the Audit of Bills as presented; seconded by Councilman Zittel; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Department reports for the month of June 2000 were presented by Paul Shephard, Eden Emergency Squad; William Laing, Eden Fire Chief; Kevin Schoenthal, East Eden Fire Chief; Patrick Howard, Eden Police Chief; Ronald Maggs, Superintendent of Highways; Andrew Reilly, Town Engineer; William Trask, Town Attorney; Mary Jo Hultquist, Town Clerk; Susan Brass, Recreation Director; R.Ferris Randall, Chairman Board of Assessors Supervisor Nellis for Scott Henry, Zoning Code Enforcement Officer. All reports are on file in the Town Clerk’s office.
After Paul Shephard completed his report, Supervisor Nellis extended the Town Board’s appreciation to Mr. Shephard and the top five members for duty hours in May.
Mr. Shephard also reported that the light tower for the rescue truck has not come in to date but he expects it to arrive in the next three weeks.
MOTION was made by Councilman Krycia to close the Regular Meeting of the Eden Town Board for the public hearing; seconded by Councilman Vacco; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor Nellis closed the Regular Meeting of the Eden Town Board at
MOTION was made by Councilman
Krycia to open the public hearing for purpose of a Permit request for the
Supervisor Nellis opened the Public Hearing at
Request For The
Nellis explained the purpose of the public hearing to hear any comments or
questions pertaining to the permit request for the
MOTION was made by Councilman Vacco to close the public hearing; seconded by Councilman Zittel; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
MOTION was made by Councilman Zittel to re-open the Regular Meeting of the Eden Town Board; seconded by Councilwoman Pew; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor Nellis re-opened the Regular Meeting of the Eden Town Board at
Departmental reports continued with William Laing, Eden Fire Chief who also noted with his report that through the Fire Department’s recent fund drive, the Fire Department was able to purchase 8 Scott Carbon wrapped breathing air bottles and 4 Scott integrated Personal Alarm Safety devices at a cost of $7,286.00. This purchase will upgrade the older air paks making them safer and closer in operation to the new air paks.
Schoenthal, East Eden Fire Chief completed his report; he requested a brief
meeting with the Town Board pertaining to
Before continuing further with Departmental Reports, Supervisor Nellis asked for a brief break in the meeting for a presentation to students pertaining to their support for Project Impact, the Federal Program for making communities disaster resistant.
Nellis explained that the Town received money from State and Federal to look at
disaster preparedness in the community and also awareness of environmental
concern, one being the clean up of Eighteen Mile Creek. The students participated also in the clean
up under the Route 62 Bridge and
Supervisor Nellis lastly recognized Eden Surefine for providing refreshments for those who participated.
reports continued with Ronald Maggs, Superintendent of Highways who also
reported that last Saturday the Boys Scouts cleaned up Ryther Creek from
Nellis asked Mr. Maggs if he had any further comments pertaining to a letter
received from Eden Central Schools, specifically regarding “school zones” on
Reilly, Town Engineer presented to the Town Board an engineering report on the
Library and Town Hall parking lots. Mr.
Reilly explained that there were three alternatives for the Town Hall parking
lot and two for the Library parking lot for the Town Board to review. Estimated prices were given and hand sketches
for review. The range in prices for the
Town Hall parking lot is $35,000.00 to $75,000.00 and for the Library parking
lot $4,000.00 to $11,000.00. Councilman
Krycia asked if striping the lots were included, Mr. Reilly stated “no”. After the brief discussion Supervisor Nellis
stated that the Town Board would review the alternatives for each of the
parking lots at the
Hultquist, Town Clerk also reported that over four million dollars in 2000 Town
Susan Brass, Recreation Director requested that Bob Penna to replace Jessica Wilson at $5.15 an hour as an employee of the Recreation Department.
MOTION was made by Councilman Zittel to approve the staff appointment recommended by the Recreation Advisory Board of Bob Penna, replacing Jessica Wilson at $5.15 an hour; seconded by Councilwoman Pew; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Mrs. Brass also requested that the black top bid for the basketball court at Gorcica Field be awarded to Palmieri Paving in the amount of $8,600.00 for paving, $275.00 for sealing making a total amount of $8,875.00 pending submission of insurance coverage. Supervisor Nellis noted that money for this project was approved in August of 1997 and set aside. Supervisor Nellis stated that four quotes were sent out and two returned.
MOTION was made by Councilman Zittel to award the black top bid for the basketball court at Gorcica Field in the total amount of $8,875.00 to Palmieri Paving subject the submission of insurance coverage as recommended by the Recreation Advisory Board; seconded by Councilman Vacco; Councilman Krycia, Councilwoman Pew, Councilman Vacco and Councilman Zittel – “Ayes”; Opposed? – None; Abstain? – Supervisor Nellis; Motion carried.
Supervisor Nellis abstained from the vote because Palmier Paving had just paved his driveway.
Mrs. Brass lastly reported that the shelter at Gorcica Field is three quarters completed and that the two-tier planter is completed where the sign will hang. Mrs. Gorcica and the 4-H Club would be doing the planting by the end of the week weather permitting and that the playground equipment has been delivered and should be in place by June 26, 2000 the first day of Recreation.
R.Ferris Randall, Chairman Board of Assessors reported that the Tentative Roll 2000 is completed and starting June 19, 2000 for two weeks residents may review it. Mr. Randall also noted that June 16, 2000 there is meeting with the software people to discuss the on going update program. There is an offer from them to set up the program.
New and Unfinished Business:
Supervisor Nellis requested that two items be added to the agenda, they were as follows:
10.) Appointment to the Eden Historical Review Board
11.) Appointment Authority – related to someone of record
1.) Update Report on Water District No. 4
Supervisor Nellis turned to John Reid of R & D Engineering for an update. Mr. Reid stated that he is continuing to seek money for Water District No. 4. Rural Development and Rural Utilities currently are out of funding. Mr. Reid stated that he is waiting for Rural Development to recover some federal funding, however the Town of Eden may not see any funding until the next fiscal year, which begins in October.
Supervisor Nellis noted that Congressman Quinn and Senator Schumer have been contacted and asked for their help in securing funding before then.
Councilman Zittel inquired where the Town of Eden is in the request line for funding. Mr. Reid explained that the Town of Eden is in the first stage of the next fiscal year and there are several departments that the approval process must go through. Rural Development will issue grants when the funding is available and the process could take up to two years for funding to be received by municipalities for projects such as Water District No. 4.
2.) Discussion – Fire Hydrant Maintenance Charges – Location of Hydrants
Mr. Reid reported that the State Health Department utilizes the “10 State Standards” for fire hydrant spacing, which is every 600 feet in developed areas. In order to have further spacing of the hydrants, the State Health Department would need to act on a variance. Mr. Reid will forward letters from the Supervisor and the Fire Departments requesting a variance from the State Health Department to relinquish hydrants every 600 feet since fire equipment has gotten better.
Councilman Zittel asked Mr. Reid if he would be able to obtain a comparative, average maintenance cost from each of the states that are a part of the “10 State Standards”? Mr. Reid stated that he would be able to get some but not on an average.
3.) Comprehensive Master Plan Schedule and Resolution on Public Hearing
July 20, 2000 at 7:30 P.M.
Andrew Reilly, Town Planning Consultant requested that the Town Board call a public hearing for July 20, 2000 to begin the SEQR process authorizing the Town to be the lead agency and the data plan be available for public review and comments. Mr. Reilly stated that he is stilling meeting with some departments and committees and they are going over the plan to be sure they are comfortable with it.
Mr. Reilly reviewed the proposed schedule for the completion of the plan as follows:
May 25, 2000 – June 16, 2000
- Town Board review of document
June 16, 2000 – June 27, 2000
- Amendments to document (Wendel)
June 12, 2000
- Call for Public Hearing in July and declare Lead Agency
June 28, 2000 – July 28, 2000
- Public, Agency review of document and SEQR Lead Agency time period
June 29, 2000
- Mail copies of Draft Plan to involved agencies
- Deliver six copies of plan to Town (make available in Town Hall, Library, East Eden Fire hall, Etc.)
July 20, 2000
- Date of Public Hearing
August 9, 2000
- Negative Declaration/Adopt Plan (This is contingent upon Public Hearings and SEQR process)
MOTION was made by Councilman Zittel to approve the adoption of the following resolution:
WHEREAS, the Town of Eden has been working on a Comprehensive Plan for the
Eden community over the past few years; and
WHEREAS, the Town and its consultants through a public input process and
professional planning have formulated a Draft of the Comprehensive Plan
that addresses many of the Town’s Goals and Objectives, and is in conformance
with Section 272-a of the Town Law; and
NOW, THEREFORE BE IT RESOLVED, that the Eden Town Board hereby sets a
Public Hearing on the Draft Comprehensive Plan for Thursday, July 20, 2000 at 7:30 P.M. in the Eden Town Hall located at 2795 East Church Street, Eden, New
BE IT FURTHER RESOLVED, that the Town Board, pursuant to Part 617 of the
implementing regulations pertaining to Article 8 (State Environmental Quality
Review Act-SEQR) of the Environmental Conservation Law, wishes to conduct a
coordinated review of the plan and act as Lead Agency; and
BE IT FINALLY RESOLVED, that the Town Planner be authorized to mail copies of
the Draft Plan to appropriate Involved and Interested Agencies, and make
copies available to the public for review by June 28, 2000 at the Eden Town Hall,
Eden Library and East Eden Fire Hall
Seconded by Councilwoman Pew; all “Ayes”; Motion carried
4.) Review of Flood Mitigation Study
Supervisor Nellis introduced Greg McCorkhill of URS Greiner who presented the Flood Mitigation Study at the May 10, 2000 Town Board meeting. The Town Engineer and planner has had an opportunity to comment on the Flood Mitigation Report at length and secured comments from John Whitney of U.S. Soil and Conservation and also the Drainage Committee who have taken the time on two occasions to meet. A Revised copy was received by the Drainage Committee and reviewed by Scott Henry, acting Chairman and Ruth Szalasny.
Mr. McCorkhill explained URS Greiner incorporated the comments received by the Drainage Committee, Andrew Reilly, Town Engineer and Planner, Mr. Whitney and Frank Mantione as Chair if the Conservation Advisory Board and had with him seven copies of the final draft to present to the Town Board. Mr. McCorkhill thanked all who participated in the preparation of the study. Mr. McCorkhill felt that the recommendations are very beneficial to the study. Mr. McCorkhill stated that a Resolution to adopt plan is need to submit the Flood Mitigation Plan to the funding agencies.
There was further discussion pertaining to the revised Flood Mitigation Study of the changes that were made that improved the detail and description of flood prone areas and drainage problems. Councilwoman Pew after speaking with other members of other boards had some concerns that the report did not state better ideas about flood prone areas and that there were no references to the soil that is available in the GIS. Mr. McCorkhill stated the in the revised study the GIS is also discussed and included as a database. Also the preparing the Flood Mitigation Plan is to review existing codes identifying the strengths and shortcomings. Federal Emergency Management Office (FEMO) and State Emergency Management Office (SEMO) expect to see such finding in the plan.
Frank Mantione, a member of the Drainage Committee as well as Chair of the Conservation Advisory Board supported the final draft of the plan stating that when he first saw the first draft he felt there were problems with it and that when the final draft was presented the real problems were worked on and the modification of the document since conception is better and supported its adoption.
Ruth Szalasny, also a member of the Drainage Committee also supported the final draft stating that the document is flexible enough and that it does not nail the Town down.
Mr. McCorkhill stated that by approving this tool, the Flood Mitigation Plan, the Town would be able to seek more types of funding. Mr. McCorkhill also stated that the Drainage Committee has put a lot of effort into the document. Supervisor Nellis referred to the Drainage Committee minutes of June 8, 2000 that states “Ron Maggs made a motion to accept report once it has been amended by URSG and reviewed by Scott Henry and Ruth Szalasny, and that a recommendation to accept report be made to the Town Board, seconded by Juanita Majewski”.
Councilman Zittel inquired whether the Flood Mitigation Plan dovetailed into the Master Plan. Town Engineer, Andrew Reilly stated that the Flood Mitigation Plan is up to speed following the Federal and State policy and that it does not contradict the Master Plan. The document has been personalized to the needs of the Town.
Supervisor Nellis asked Mr. McCorkhill the next step and Mr. McCorkhill stated that the next step would be to submit the plan once adopted to SEMO and FEMA for review and comments and then it would come back to the town if more revisions were needed. Mr. McCorkhill also stated that the intent of the study was not for specific recommendations for a particular area for solutions, the study is for use in the entire town.
After the discussion the adoption of the Flood Mitigation Plan was put to vote.
MOTION was made by Councilman Zittel to accept with the Drainage Committee’s recommendation to adopt the Flood Mitigation Plan as presented with updates; seconded by Supervisor Nellis; Supervisor Nellis, Councilman Krycia and Councilman Zittel – “Ayes”; Opposed? – Councilwoman Pew and Councilman Vacco; Abstain? – None; Motion carried.
5.) Approval of Disaster Preparedness Co-Chairs representing the Town of Eden at the
Regional Federal Emergency Management Office and approval travel to the
Conference in Summers Point, New Jersey.
Supervisor Nellis stated that the Robert Stickney and Maurice Dole Co-Chairs to the Eden Emergency Preparedness Committee have indicated that they are willing and able to attend the Regional FEMA conference June 25, 2000 – June 29, 2000 in Summers Point, New Jersey. Supervisor Nellis asked for approval for Mr. Stickney and Mr. Dole to attend the conference and coverage for appropriate travel that would be covered by the monies received from FEMA.
MOTION was made by Councilman Vacco to approve the attendance and travel expense to the Regional FEMA conference for Co-Chairs, Robert Stickney and Maurice Dole; seconded by Councilman Zittel; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
6.) Results of Surplus Computer Bid
Mary Jo Hultquist, Town Clerk stated that only one bid was received for a computer and keyboard in the amount of $10.00 that was received from Paul Berhmingham.
MOTION was made by Councilwoman Pew to award the bid for the computer and keyboard in the amount of $10.00 to Paul Bermingham; seconded by Councilman Vacco; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
7.) Recommendation from Planning Board on rezoning request for 2023 Derby Road
Supervisor Nellis referred to a letter received from the Planning Board stating their recommendation to approve the rezoning of property owned by Mr. & Mrs. Violanti at 2023 Derby Road from General Industrial to Rural Residential to build a single-family home.
Councilman Zittel stated that there were some reservations by the Planning Board about accepting the rezoning before the Comprehensive Master Plan has been approved. Councilman Zittel also noted that changes have not been accepted up to this date. Mr. Reilly suggested that a public hearing be scheduled at this time for by the time it is held there will be a better understanding on where the Town is with the Comprehensive Master Plan.
MOTION was made by Councilman Zittel to schedule a public hearing regarding the rezoning of property owned by Mr. & Mrs. Violanti at 2023 Derby Road from General Industrial to Rural Residential for July 12, 2000 at 8:00 P.M.; seconded by Councilwoman Pew; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
8.) Property Equity Proposal Approval
Supervisor Nellis stated that the Property Equity Proposal is still being worked on and would be ready for the July 12, 2000 Town Board Meeting.
9.) Resolution – Signal Light – Route 62 and Schoolview Drive
MOTION was made by Councilman Vacco to approve the adoption of the following resolution:
RESOLUTION CALLING FOR THE INSTALLATION OF A
WHEREAS, many citizens of the Town of Eden share a common and urgent concern
over the safety of their children and themselves when crossing Route 62 or
Schoolview Drive at Route 62; and
WHEREAS, at school start and dismal times, school events, Town little league baseball,
soccer and football games all result in the back up of traffic on Schoolview Drive
and sometimes Route 62; and
WHEREAS, daily entry and exit of senior citizens from the Welch Village Senior
Citizen Complex located on the west side of Route 62 across from Schoolview
Drive, combined with a steady stream of North/South traffic on Route 62 makes it
difficult for all vehicular traffic at the Route 62/Schoolview Drive/Welch Lane
WHEREAS, a continued growth of traffic on Route 62, as evidenced by NYSDOT 1999
annual count, is making an already dangerous intersection even worse; and
WHEREAS, the NYSDOT has recently seen fit to justify the placing of a traffic signal
device at Route 62 (Pierce Avenue) and Evans Street in the Village of Hamburg
for similar reasons;
NOW, BE IT RESOLVED, that we the members of the Eden Town Board join with the
“Eden Concerned Citizens for Safety” in urging the New York State Department
of Transportation to place a light at the intersection of Route 62 with Schoolview
Drive and Welch Lane in the Town of Eden.
NOW, BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded
with a cover letter to Governor George Pataki, State Senator Dale Volker,
Assemblymen Richard Smith, NYSDOT Commissioner Joseph Boardman and
NYSDOT Regional Director Robert Russell.
Seconded by Councilwoman Pew; all “Ayes”; Motion carried
10.) Historic Review Board Appointment
Supervisor Nellis stated that the Eden Historical Review Board in a letter dated June 1, 2000 recommended that Carla Salzman be appointed to the Historic Review Board to fill on e of the vacancies on the board. A copy of the letter is on file in the Town Clerk’s office.
MOTION was made by Supervisor Nellis to approve as recommended by the Eden Historical Review Board to appoint Carla Salzman to the Historical Review Board; seconded by Councilwoman Pew; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
11.) Appointment of Authority
Supervisor Nellis stated that his office received from Len Lenahan, Commissioner of Personnel for the County of Erie notice having to do with Section 2 of the New York State Civil Service Law “Appointing Authority”. The following Resolution was moved to give Supervisor Nellis “Appointing Authority”.
MOTION was made by Councilwoman Pew to approve the adoption of the following resolution:
WHEREAS, Section 2 of the New York State Civil Service Law defines “Appointing
Authority” or Appointing Officer as the Officer, Commission or Body having the
power of appointment to subordinate positions; and
WHEREAS, the Appointing Officer provides a variety of functions as required by law
such as; signing appointment and personnel change forms, certifying the civil
division payroll, and canvassing candidates eligibility lists under Civil Service
WHEREAS, the County Commissioner of Personnel has requested on June 5, 2000 an
update of “Appointing Authority” of all towns, villages and school districts in
NOW, THEREFORE; We, the Eden Town Board, formally approve the appointment
of the Town Supervisor, as “Appointing Authority” effective with the request,
and specifically note that Glenn R. Nellis currently serves in that capacity; and
Direct that a copy of this resolution be forwarded to the Erie County Commissioner of
Seconded by Councilman Zittel; all “Ayes”; Motion carried.
Supervisor Nellis reported that there is a hazardous waste drop-off June 17, 2000 at E.C.C. South and also Congressman Quinn is holding an Outreach on June 30, 2000 in the Town of Boston Town Hall. Also a letter has been received from FEMA confirming that $60,000.00 has been set a side for Project Concern support. Supervisor Nellis also noted that SEMO would be meeting in Rochester September 12, 2000 – September 14, 2000 regarding disaster preparedness.
Hearing of Visitors:
Ruth Szalasny of 3048 Bleknap Road
Robert Stickney of 2718 Lourdes Drive
MOTION was made by Councilwoman Pew to adjourn the Regular Meeting of the Eden Town Board and go into Executive Session; seconded by Councilman Vacco; All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor Nellis adjourned the Regular Meeting of the Eden Town Board at 9:55 P.M.
Respectfully submitted by,
Mary Jo Hultquist