WORK SESSION
MEETING – EDEN TOWN BOARD
2795 EAST CHURCH
STREET
EDEN, NEW YORK
JULY 25, 2007
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:
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, dedicated to the late Ruth C. Szalasny.
Petitions:
A
petition with 141 signatures was presented to Supervisor Nellis and the Town
Board from Dan and Maureen Woyton, 3050 Paxon Road requesting a speed reduction
on Kulp and Paxon Roads. Supervisor
Nellis stated that a formal request would be made to Erie County to conduct a
study with the final decision made by the State of New York Department of
Transportation.
New and Unfinished Business:
- Continuation
of Public Comments – Verizon Wireless Special Use Permit Request
Supervisor Nellis re-opened the
Public Comments portion of the Public Hearing
held on July 11, 2007 regarding the Special Use Permit for
Verizon Wireless explaining that comments will be for those in attendance
tonight that did not get an opportunity to speak at the Public Hearing.
The
following persons spoke in opposition of the size and placement of the tower in
relationship to their respective properties:
Jody
Bialaszewski 2750
Second Street
Doris
Eppolito 8375
Cobblestone Court
Carl Modica 2637 Hemlock Road
Kerrie
Inserra 8737
West Avenue
Maggie
Campbell 2753 Second
Street
Ann Marie Perillo 8903 Gowanda State Road
The
following persons spoke in favor of the tower:
Joe Bennett 8639 S. Main
Street
Robin
Evenhouse 8725 S.
Main Street
Diane
Bianchi 2808 E.
Church Street
Supervisor
Nellis was presented with an additional petition. At the conclusion of the discussion, Supervisor Nellis urged
residents to write or stop by with further comments and suggestions.
All persons desiring to be heard, having been heard,
Supervisor Nellis closed the Public Hearing at 7:55 p.m.
MOTION was made by Councilman Krycia to close the
“Continuation of Comments” from the Public Hearing held on July 11, 2007 and
continue the Work Session Meeting of the Eden Town Board; seconded by
Councilman Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
- SEQR
Declaration – Shadagee Road Water Transmission Line to Route 62
Mark Cavalcoli, representing CRA
Infrastructure & Engineering presented the
Town Board with a resolution requesting SEQR Lead Agency to
the Town of Eden.
Councilwoman
Pew read the following resolution:
WHEREAS, the
Town of Eden, New York requested SEQR Lead Agency pursuant to Part 1 6NYCRR
Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law on or
about June 13, 2007, regarding the Town of Eden Water System Improvement
Project (the “Project”);
WHEREAS, after
preparing and submitting copies of Part 1 of the Long Environmental Assessment
Form (EAF) to all necessary and potentially involved Agencies, and no contacted
agencies objected to the Town acting as Lead Agency;
WHEREAS, the
Eden Town Board has reviewed and considered comments from the general public
concerning this Project;
WHEREAS, the
Eden Town Board, as Lead Agency, has conducted a thorough review of this
project and has considered the impacts of this project on the environment,
pursuant to 6NYCRR Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law;
NOW, THEREFORE BE IT RESOLVED by the Eden Town Board
of the Town of Eden as follows:
1.
The Town Board hereby designates itself as the Lead Agency for
purposes of the review of the Project.
2.
The Town Board hereby determines that this Project does not
constitute a significant adverse impact and will not have a significant impact
on the environment and has issued a Negative Declaration.
MOTION was made by Councilwoman Pew to approve the
resolution as presented; seconded by Councilman Krycia; All “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.
- Highway
Pole Barn – Results of Bid Opening
Ron Maggs, Highway Superintendent
made a recommendation to the Town Board
to award the bid for the Highway Pole Barn to the sole
bidder, Fingerlakes Construction at a bid price of $66,475.00, subject to
permissive referendum.
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 PERMSISIVE 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 of 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 Central Garage
Equipment Line, Account A1640.2, an additional sum not to exceed $8.475.00 from
said Reserve Fund for the purpose of constructing a Pole Barn for the Town of
Eden Highway Department. If approved,
this brings the total transfer of funds from the General Maintenance Reserve
Fund for construction of the Pole Barn to $66,475.00.
Note: The
original resolution was presented to the Town Board at the Regular Meeting of
the Eden Town Board on June 13, 2007 with a transfer of funds from the General
Maintenance Reserve Fund of the Town of Eden to the Central Garage Equipment
Line, Account A1640.2, a sum not to exceed $58,000.00.
MOTION was made by Councilwoman Pew to approve the
resolution as presented; seconded by Councilman Ventry; All “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.
MOTION was made by Councilwoman Pew to approve the
bid for the Eden Highway Utility Building, based on the recommendation of Ron
Maggs, Highway Superintendent, to Fingerlakes Construction in the amount of
$66,475.00, subject to the 30-day Permissive Referendum; seconded by Councilman
Vacco; All “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
- Fire
Safety and Survival Training Building (Informational)
Supervisor Nellis stated that at
the July 11, 2007 Town Board Meeting
information was provided by Chris Colvin for Chief David
Cole of the Eden Fire Department regarding a training building to be located on
town owned property on New Jerusalem Road.
The Eden Fire Department, at the present time, must travel to
Cheektowaga to train at their facility and would find it more convenient to
have a facility in the Town of Eden for training for their members. The cost of the building is approximately
$6,000 to $7,000, which would be paid from the Fraternal Order of the Eden Fire
Department, at no cost to taxpayers.
The facility would be shared with the East Eden Fire Department as
well.
MOTION was made by Councilwoman Pew to approve the
construction of the Fire Safety and Survival Training Building to be built on
town-owned property on New Jerusalem Road at the expense of the Fraternal Order
of the Eden Fire Department; seconded by Councilman Vacco; All “Ayes”; Opposed?
– None; Abstain? – None; Motion carried.
- Resolution
supporting State Legislation expanding the existing Bottle Return Law
WHEREAS, the
Town Board of the Town of Eden acknowledges its responsibility to keep our
communities clean and healthy, and
WHEREAS, this
year marks the 25th anniversary of the bottle bill, New York’s most
effective recycling and litter prevention program, and
WHEREAS, since
1982, more than 90 billion bottles and cans have been returned and recycled in
New York, and the volume of litter has been reduced by 30%, because of the
5-cent refundable deposit on beer and soda containers, and
WHEREAS, the
bottle bill did not include bottled water, iced teas, sports drinks, and other
non-carbonated beverages because they were not popular in 1982 but know make up
a quarter of the beverage market, and
WHEREAS, litter
surveys conducted in New York by coastal cleanup volunteers found that
two-thirds of the bottles and cans polluting New York’s rivers and beaches are
non-deposit containers, and these containers make up 20% of the total litter
volume, and
WHEREAS, 80%
of the deposit containers are recycled through the bottle bill and curbside
recycling programs in New York, while only 20% of non-deposit containers are
Recycled, and
WHEREAS, New
York is out of step with many other states, which require beverage companies to
return unclaimed bottle deposits to benefit the public, and
WHEREAS, New
York’s law does not provide for the disposition of any unclaimed deposits, and
the beverage industry has retained over $1.5 billion in unclaimed deposits
since 1982, and
WHEREAS, Governor
Eliot Spitzer has proposed in the executive budget for FY 2007-2008 updating
the bottle bill to include non-carbonated beverages and requiring beverage
companies to transfer unclaimed deposits to the state’s Environmental
Protection Fund, and
WHEREAS, the
Environmental Protection Fund is a dedicated trust fund for New York’s
environment that supports local recycling programs, parks, waterfront
revitalization, open space, farmland preservation, and other programs to
protect our land, air, and water, and
WHEREAS, Governor
Eliot Spitzer estimates that the unclaimed deposits would generate at least
$100 million annually for the State Environmental Protection Fund, and
WHEREAS, this
proposal, known as the Bigger Better Bottle Bill, was passed by the New York
State Assembly in 2005 and 2006, and has been endorsed by more than 400 groups,
businesses, and local governments across the state.
NOW, THEREFORE BE IT RESOLVED that the Town Board of
the Town of Eden does hereby urge state lawmakers to support cleaner
communities, a healthier environment, and increased funding for environmental
programs by adopting as legislation, the Bigger Better Bottle Bill in the
2007-2008 State Budget, and
FURTHER RESOLVED that the Clerk of the Town of Eden
shall forward copies of this resolution to Governor Eliot Spitzer, New York
State Comptroller’s Office, Senate Majority Leader Joseph Bruno, Senate Minority
Leader Malcolm Smith, Assembly Speaker Sheldon Silver, Assembly Majority Leader
Ron Canestrari, Assembly Minority Leader James N. Tedisco, New York State
Senators John J. Bonacic and William J. Larkin, Jr., William T. Stachowski,
Dale M. Volker, New York State
Assemblymen Kevin A. Cahill, Clifford W. Crouch, Peter Lopez, Thomas Kirwan,
and Jack Quinn the New York Public Interest Research Group and the New York
State Association of Counties, and moves its adoption.
MOTION was made by Councilman Krycia to approve the
resolution as presented; seconded by Councilman Vacco; All “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.
Note: Councilwoman
Pew stepped out of the meeting at this time.
- Appointments
– Eden Police Department
Supervisor Nellis read
correspondence from Patrick Howard, Chief of Police
dated July 18, 2007 regarding the resignation of Re’
Biastre, part-time police officer and the appointment of Gregory Szarowicz in
place of Mr. Biastre.
Supervisor
Nellis read correspondence from Patrick Howard, Chief of Police
dated July 24, 2007 regarding the resignation of Seth
Howard, part-time police officer and the appointment of Jeremy Lehning.
Before
these items went to a vote Councilman Vacco stated that he would not be in
favor of the appointments until Pat Howard, Chief of Police provided sufficient
proof of certification. Councilman Ventry was in agreement with Councilman
Vacco.
Supervisor
Nellis stated that this agenda item would be tabled and moved to “Old Business”
to be discussed and reviewed at a future Town Board Meeting.
Note: Councilwoman
Pew returned to the meeting.
Supervisor’s Report:
Supervisor Nellis read the
following resolution
PROCLAMATION
International
Clown Week
August 1 – 7, 2007
Supervisor Nellis read the
following resolution
WHEREAS, the
tradition of the clown can be traced from ancient Egypt to the Greco-Roman
world, to the royal jesters of Europe, and finally to Emmet Kelly, Lou Jacobs
and Red Skelton; and
WHEREAS, clowns
have long been known as ambassadors of joy and good will, and bring happiness
to both young and old, sick and well, happy and sad; and
WHEREAS, the
work of the clown goes far beyond the circuses, parties, picnics and shows and
extends to the nursing homes, hospitals, charities and benefits for the less
fortunate; and
WHEREAS, the
Corn E Clowns of Erie County, World Clown Association and Clowns of America
have joined together to commemorate International Clown Week; and
WHEREAS, the
men and women who dedicate their lives to the tradition should be recognized
for the outstanding and meaningful contributions they make in our great state
of New York; and therefore be it
RESOLVED, that International Clown Week of August
1-7, 2007 is proclaimed in the Town of Eden and by this proclamation we call
public attention to the charitable activities of the Corn E Clown Alley of Erie
County and the wholesome entertainment they provide throughout all of Western
New York State and Erie County.
MOTION was made by Supervisor Nellis to approve the
resolution as presented; seconded by Councilwoman Pew; All “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.
Hearing of Visitors:
Robert
Heferle
Mike Bolo
Joe Bennett
Adjournment:
MOTION was made by Councilman Vacco to adjourn the Work
Session Meeting of the Eden Town Board; seconded by Councilman Krycia; All
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor
Nellis adjourned the Work Session Meeting of the Eden Town Board at 8:40 P.M.
Executive Session:
Supervisor
Nellis adjourned the Executive Session of the Eden Town Board at 10:30 P.M.
Respectfully
submitted by,
