WORK SESSION
MEETING – EDEN TOWN
BOARD
2795
EAST CHURCH STREET
EDEN,
NEW YORK
OCTOBER 18, 2000
7:30 P.M.
TOWN BOARD MEMBERS PRESENT:
GLENN
R. NELLIS - SUPERVISOR
EDWARD C.
KRYCIA, JR. - COUNCILMAN (Deputy Supervisor) (Absent)
MARY LOU
PEW - COUNCILWOMAN
VINCENT V.
VACCO - COUNCILMAN
GEORGE F.
ZITTEL - COUNCILMAN
OTHERS PRESENT:
Mary Jo
Hultquist - Town Clerk
DianaRae
Walker - Deputy Town Clerk
Call To Order:
Supervisor
Nellis called the Work Session of the Eden Town Board to order at 7:39 P.M.
Pledge of Allegiance:
Supervisor
Nellis led the assembly in the Pledge of Allegiance to the flag followed by a
moment of silence.
Before
going into the public hearing Supervisor Nellis noted that Councilman Krycia
was out of town and unable to attend tonight’s meeting.
MOTION was made by Councilman Vacco to close the Work
Session of the Eden Town Board; seconded by Councilman Zittel; All - “Ayes”;
Opposed? – None; Abstain? – None; Motion carried.
Supervisor
Nellis closed the Work Session of the Eden Town Board at 7:40 P.M.
MOTION was made by Councilman Zittel to open the
Public Hearing to create Drainage District No. 1, Oakhill Subdivision, Phase
III, Part B; seconded by Councilwoman Pew; All – “Ayes”; Opposed? – None;
Abstain? – None; Motion carried.
Supervisor
Nellis opened the public hearing at 7:40 P.M.
7:30 P.M.
To Create Drainage
District No. 1 – Oakhill Subdivision, Phase III, Part B
Supervisor
Nellis noted that Donald Schreiber Jr. was present representing the developer
of the Oakhill subdivision Schreiber & Winkleman, Inc.
Councilman
Zittel expressed his enthusiasm about the creation of the first drainage
district in the Town of Eden and
felt that it will serve as a way to handle water problems in the future.
Mr. Schreiber
explained that there would be a “detention basin” that will be owned by the
property owner but funded by the eight owners in the subdivision and maintained
by the Town.
Wilbert Smutz of 3094
East Church Street asked if the entire town would
be divided into drainage districts.
Supervisor Nellis explained that it would not be and this is being done
as the subdivision is being developed.
If the Town were to do anything it would need to go through the
taxpayers for any type of approval and that it would go to a permissive
referendum.
Councilwoman
Pew asked Mr. Schreiber for clarification on the ownership of the detention
basin. Mr. Schreiber explained that the
owner who purchases the lot that it resides on would own the detention basin. The maintenance would be the Town’s
responsibility and through property taxes the money would be reserved to
maintain the detention basin. The
homeowners will be given the maintenance schedule that has been discussed with
the Town Attorney and given to the Superintendent of Highways, Ronald
Maggs.
Lorraine
Kolb of 3033 Schoolview Drive asked by the agreement do they pay for the basin,
how does it work. Supervisor Nellis explained that the
water would drain to the detention basin and the owners would fund the drainage.
MOTION was made by Councilman Zittel to close the
public hearing; seconded by Councilman Vacco; All – “Ayes”; Opposed? – None;
Abstain? – None; Motion carried.
Supervisor
Nellis closed the public hearing at 7:47 P.M.
MOTION was made by Councilwoman Pew to re-open the
Work Session of the Eden Town Board; seconded by Councilman Vacco; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor
Nellis re-opened the Work Session of the Eden Town Board at 7:47P.M.
Supervisor
Nellis requested to add the following items to the agenda:
·
Budget Transfers
·
Resolution to approve Oakhill Subdivision
Drainage District No. 1
·
Community Block Grant Application
·
Request to construct a pond – Tom Preischel
Budget Transfers:
Supervisor
Nellis reviewed the following budget transfers; from A2770 to A4540.4 in the
amount of $130.00 for Lifescan rebate that was received, from A3389.0 to
A1410.4 in the amount of $2,000.00, grant money that was received by the Town
Clerk’s office, from A2372 to A1440.4 in the amount of $8,187.33 for master
plan money received, from A2770 to A8020.4A in the amount of $1,971.00 for
refund for duplicate payment, from D2770 to D5110.4 in the amount of $4,800.00
for the receipt of reimbursement for Eden Central School parking lot and from
A4489 to A8020.4B in the amount of $1,732.50 for project impact grant money
received. Copies of the Transfers are on
file in the Town Clerk’s office.
MOTION was made by Councilman Vacco to approve the
Budget Transfers as stated by Supervisor Nellis; seconded by Councilman Zittel;
All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
New and Unfinished Business:
1.) Resolution to approve the Oakhill Subdivision
Drainage District No. 1
Supervisor
Nellis read the following Resolution:
MOTION was made by Councilman Vacco to approve the
adoption of the following resolution:
THE CREATION OF THE TOWN OF EDEN
DRAINAGE
DISTRICT NO. 1
WHEREAS, a
map, plan and report relating to the establishment of a proposed Town of Eden
Drainage District No. 1, prepared by Nussbaumer & Clarke, Inc., engineers
of the State of New York, in a manner and in such detail as has been determined
by this Town Board, has been duly filed with the Town Clerk, in accordance with
the requirements of Article 23 of the Town Law; and
WHEREAS, an
Order was duly adopted by this Town Board on September 27, 2000 reciting the
filing of said map, plan and report, the improvements proposed, the boundaries
of the proposed District, the proposed method of financing, the fact that the
map, plan and report describing the same were on file in the Town Clerk’s
Office for public inspection, and stating all other matters required by law to
be stated, and specifying October 18th, 2000 as the date, at 7:30
p.m. in the afternoon of said day as the time, and the Eden Town Hall, 2795 E.
Church St., Eden, New York as the place where this Town Board would meet and
consider said map, plan and report, and to hear all persons interested in the
subject thereof, concerning the same, and to take such action thereon as
required or authorized by law; and
WHEREAS, such
Order was duly published and posted as required by law; and
WHEREAS, a
hearing on said matter was duly held by said Town Board on October 18, 2000 at
7:30 p.m. in the afternoon of said day, and no person appearing in opposition
to the petitioner appearing in favor of the petition; and
WHEREAS, pursuant
to said petition, it is the intention of the petitioner, as sole owner of all
the taxable property in said water district, to construct said drainage
facilities solely at its own expense, now, after due deliberation, it is
RESOLVED AND DETERMINED:
a.
That the notice of hearing was published and posted as
required by law,
and
is otherwise sufficient;
b.
That all property and property owners within the
proposed district are
benefited
thereby;
c.
That all property and property owners benefited are
included within the
limits
of the proposed district;
d.
That it is in the public interest to establish said
district; and be it further
RESOLVED AND DETERMINED:
That
the establishment of the proposed district as set forth in said map, plan and
report be approved, that the improvements therein mentioned be constructed by
the petitioner, and such district shall be know and designed as “Town of Eden
Drainage District No. 1” and shall be bounded and described as set forth in
Exhibit A attached hereto and made a part hereof, and be it further
RESOLVED AND DETERMINED:
That
the proposed improvement, including costs of rights of way, construction costs,
legal fees and all other expenses shall be paid by the petitioner, and be it
further
RESOLVED AND DETERMINED:
That
the Town Clerk be, and hereby is, authorized and directed to file a certificate
of this resolution in the Office of the Clerk of the County of Erie, which is
the County in which the said Town of Eden is located, and the Office of the
State Department of Audit and Control, within ten days after the adoption of
this Resolution, pursuant to Section 195 of the Town Law.
Seconded by Councilman Zittel; all “Ayes”; Motion carried
Supervisor Nellis stated that now
that the Drainage District has been established, the next step would be to
accept the public improvements to the Oakhill Phase III part B Subdivision.
MOTION was made by Supervisor Nellis to accept the
public improvements to the Oakhill Phase III, Part B Subdivision as inspected
and agreed to by the Town Engineer, Building Inspector and Superintendent of
Highways, subject to proper conveyance of Title to the improvements which will
be subject to the approval of the Town Attorney; seconded by Councilwoman Pew;
All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
2.) Community Block Grant Application- Project Selections
Supervisor
Nellis stated that a public hearing was held at the last Town Board meeting and
comments were made by residents on March Road in regards to the extension of
the Water District No.3A. Supervisor
Nellis explained that the original extension onto March Road was voted down by
the residents.
Supervisor
Nellis also stated that he felt that the extension of sewer lines on Hemlock
Road to Eden-Evans Center
Road was the responsibility of Erie
County.
Jean Grobe
of 2080 Eden Evans Center Road stated that in 1971 there were discussions of a
sewer line to be installed along Eden Evans Center Road and to date nothing has
taken place and she has been paying a sewer tax for almost 30 years.
Supervisor
Nellis reviewed other feed back from the master Plan and referred to Action
2-8: page 102, the sixth bullet of the Eden Master Plan that stated that the
Town Board should seek assistance, advice and funding from the County, State,
and Federal officials for improvement of pedestrian and bicycle access in the
Hamlet. Based on that
Supervisor Nellis recommended that sidewalks be submitted on Route 62 (east
side) from Legion Drive to Surefine and on West Church Street (north side) from railroad to Evelyn Drive. The second project suggestion is Hemlock
Road drainage from Route 62 to Railroad
Street and the third would be for Rural Transit,
the service that provides a handicap van for the use by 19 towns in the area
and requires the approval of $5,000.00 in support for this project.
MOTION was made by Supervisor Nellis that the Eden
Town Board to authorize him, Supervisor Glenn R. Nellis to sign, submit and
execute a contract with Erie County Community Development Block Grant (ECCDBG)
program for the following projects upon approval of ECCDBG.
1. Sidewalks
– Rote 62 (east side of road from Legion drive to Surefine) and West
Church Street (north side of road from railroad to
Evelyn Drive) - $90,000.00
2. Hemlock
Road – Drainage Route 62 to
railroad - $30,000.00
3. Rural
Transit
Before the Motion was put to vote Councilman Zittel asked
could the ECCDBG grant only the one sidewalk project since the two mentioned
one goes east and the other north.
Supervisor Nellis stated that they would look at the master
plan and the chances are better that both areas could be completed. After the brief discussion the Motion was put
to vote.
Seconded by Councilwoman Pew; All – “Ayes”; Opposed? – None;
Abstain? – None; Motion carried.
3.) Request to construct a pond – Tom Preischel
Supervisor
Nellis stated that the Town Board received a request form Tom Preischel
requesting a Special Use Permit to construct a pond at 2961
Belknap Road.
Supervisor Nellis recommended that the request be referred to the Eden
Planning Board.
MOTION was made by Councilman Zittel to refer the
request for a Special Use Permit to construct a pond at 2961
Belknap Road to the Eden Planning Board for their
November 2nd meeting; seconded by Councilwoman Pew; All – “Ayes”;
Opposed? – None; Abstain? – None; Motion carried.
Supervisor’s Report:
Supervisor
Nellis indicated that there is a meeting being held Tuesday, October 24, 2000 by Eden United for
community needs to discuss the results of the survey that was distributed at
the Eden Corn Festival to Eden
residents on community needs. Partners
of this are the Eden Schools,
Western New York United Against Alcohol and Drugs
Abuse and United Way of Buffalo
and Erie County;
the meeting is to establish where to go from here. Supervisor Nellis stated that one idea of a “Parent
Support Center”
would be discussed. There are about 20
Family Support Centers throughout Western New York.
Hearing of Visitors:
Lorraine
Kolb of 3033 Schoolview Drive
Adjournment:
MOTION was made by Councilman Zittel to close the
Work Session of the Eden Town Board; seconded by Councilman Vacco; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor
Nellis closed the Work Session of the Eden Town Board at 8:18 P.M.
Respectfully
submitted by,
Mary
Jo Hultquist
