KRYCIA, JR.-COUNCILMAN (Deputy Supervisor)
Walker-Deputy Town Clerk
Call To Order:
Nellis called the Work Session of the Eden Town Board to order at
Pledge of Allegiance:
Nellis led the assembly in the Pledge of Allegiance to the flag followed by a
moment of silence.
Nellis welcomed everyone to the Work Session of the Eden Town Board and
continued by asking to have two items added to the agenda.One being approval of Recreation Winter
Program Supervisors that would be retroactive to September, the second being a
resolution on “CHIPS”, state money for roadways.Supervisor Nellis also noted that a request
for an Executive Session at the end of the Work Session for personnel be held.
New and Unfinished Business:
1.) Presentation and Discussion for Approval:
a.) Natural Resource Inventory
b.) Open Space Index
Supervisor Nellis explained that
the Conservation Board has worked diligently on the Natural Resource Inventory
(NRI) and the Open Space Index (OSI) for the Town of Eden.The Conservation Board has over the past five
years worked together with John Whitney of the U.S. Department of Agriculture,
Natural Resource Conservation Service, Paul Rutledge, Consultant Ecologist;
Eric Gillert, Urban Planner and Nathan Zieziula, Planning Intern to draft the
NRI and OSI.Supervisor Nellis turned to
Frank Mantione, Chairman of the Eden Conservation Advisory Board for his
presentation on the NRI and OSI.
Mantione began his presentation with a time line on how the Eden Conservation
Board in February 1995 identified the need to complete the OSI as per New York
State Municipal Law Article 12-F.In
January 1996 the Town Board approved $5,400.00 of funding to complete the OSI
and that $3,871.81 was spent for both the OSI and NRI.Mr. Mantione explained the break down of the
monies spent for the professional consultants on the projects.Paul Rutledge, $2,500.00; Eric Gillert,
$738.21; Nathan Zieziula, $387.00 and $246.60 was spent on the printing.Mr. Mantione also took a moment to “thank”
the following Eden Conservation Advisory Board members who were instrumental in
writing the documents being presented to the Town Board; Lamont Beers, Traci
Clever, Kathleen Hughes, Kathy Swank and Peter Putnam.(Frank Mantione also contributed to the
writings of the documents.)
It was then in April 1996 that
goals for the OSI were adopted which included a map to describe the natural
resources, that the NRI and OSI should be consistent with the Comprehensive
Plan, to include map data in the Geographic Information System (GIS) system and
to serve as basis for the Comprehensive Plan.In May 1996 the Conservation Advisory Board met with AmeriCorps
Volunteers to arrange for digitized natural resource maps.It was through the rest of 1996 to May 1998
that work on Landuse/Land Cover map and walkovers done
to verify Landuse/Land Cover data was completed.John Whitney and volunteers from the U.S.
Department of Agriculture, Natural Resource Conservation Service created the
digitized maps for the NRI and OSI while the Eden Conservation Board completed
narrative work on the NRI and Paul Rutledge completed the narrative work on the
OSI.It was then when drafts of the
Landuse/Land Cover maps were presented to the Town.
1999 Nathan Zieziula began digitizing a Landuse/Land Cover Map and Open Space
Map for the OSI and then completed the Open Space Inventory for the OSI.In April 1999 the first draft of the NRI and
OSI was completed and distributed to the Town Board, the public and all who
contributed to the projects.
Mantione then presented the first draft at the June 23, 1999 Work Session of the Eden Town Board.Copies were made available to the public for
input.The second draft was sent out
after corrections and printing in October 1999.
Mantione then went on to describe each of the projects completed.He began with the Natural Resource Inventory
(NRI).Mr. Mantione stated that the
project goals for the NRI was to identify the natural
resources that should be protected by collecting relevant data such as:
physical geography, geology, soils, surface and groundwater, land use, climate
vegetation and wildlife.The NRI
consists of narrative data, tables and maps which describe the natural
resources being inventoried.
The NRI was
completed concurrent with the Open Space Index (OSI) which adds to the
consistency of both documents and gives an overview of the Town’s natural
resources and open spaces.
Mantione next described the project goals of the Open Space Index (OSI) to map
and inventory the open land in the Town of Eden.He explained the OSI flows from information
contained in the NRI and provides information for an Open Space Conservation
Plan. He stated that the Open Space Map identifies open areas five acres or
larger by current land use and the Open Space Inventory lists and describes
these areas by location, size, land use and zoning.
Mantione concluded his presentation stating that tonight both the NRI and OSI
were being submitted for acceptance by the Town Board.Mr. Mantione’s presentation handouts are on
file in the Town Clerk’s office.
some discussion with questions from the Town Board members.Councilman Zittel asked, “Why a “Board” is
mandated to do this type of project and if it was a “Council” why this type of
project is not required.Mr. Mantione
explained that for a “Council” to become a “Board” they would have to do this
project.Mr. Manitone went on to explain
that by being a “Board” it enables the town to be eligible for State Aid for
various projects of the Conservation Board.He noted that the documents that were presented tonight, tells the
Department of Environmental Conservation that the Town of Eden
is serious in preserving the Town of Eden.Mr. Mantione feels that the Town of Eden
is worth preserving and the NRI and OSI are the tools to utilize.
Mantione also noted that the documents provide information that if the Town
decided to create a “Conservation Acquisition Plan” it could “dove tail” with
the Master Plan.
Nellis questioned on page 6 of the OSI booklet “Why are “AgriculturalLand and NaturalLand” considered separately and
what is meant by that?”Mr. Mantione
stated that when “agricultural land and/or natural land” are not developed,
that there could be different ways to look at and evaluate what to preserve and
what not to and the documents could assist in the decision.
Krycia brought to the attention of Mr. Mantione that “figure 19” is referenced
several times but is not in the NRI document, however “figure 19” does not
exist.Mr. Mantione explained that the
study began as one and two-thirds through the project a need to separate the
OSI and NRI became relevant and the maps were used for both documents.Mr. Mantione stated that a correction would
need to be made to reference “figure 1” of the OSI document on page 1A.Mr. Mantione went on to say that corrections
and changes would be an on going process that would be overseen by the Eden
Conservation Board and worked as an “active document”.
Krycia also pointed out that the NRI references five cemeteries and that only
two are active when in fact at least three are.Again Mr. Mantione explained that corrections will need to be made and
that this is an active document where updates will need to be done.
Nellis also expressed that he felt “viewscapes” should be a section of interest
noting that the view coming down East Church Street
was not listed and it is a beautiful view.Mr. Mantione explained that there have been other suggestions of items
that were not added to the documents and that these items could be worked on
and added in an update of the documents.
Zittel expressed that he would like to see the documents with corrections
adopted, and also the continuation of improvements to the documents so that
they could be used.
Krycia asked about the “Western New York Land Conservancy Agricultural Lands
Evaluation Form” in the back of the OSI document whether this was something
that needed to be completed now or is it a form for future use.Mr. Mantione answered that it is a documents
for future use on “land use”.
At the end
of the discussion Councilwoman Pew thanked Mr. Mantione on behalf of the Town
Board for his persistent follow through and that a lot of work went into the
documents and the outcome is a great planning tool for different areas of the Town
MOTION was made by Councilwoman Pew for adoption of
the Town of Eden “Open Space Index”
(OSI) and the adoption of the “Natural Resource Inventory” (NRI) prepared by
the Eden Conservation Board and assisted by Paul Rutledge, Eric Gillert, John
Whitney, Nathan Zieziula and Frank Mantione, Chairman of the Eden Conservation
Board.Councilman Krycia as a liaison to
the Eden Conservation Board when the study began seconded the Motion.
Councilman Zittel commented that
the Eden Conservation Board has been very patient and that patience is still
going to be looked upon. Even with all the knowledge about the documents, once
in awhile things will be overlooked and things are not resourced the way they
should.Councilman Zittel requested Mr.
Mantione to encourage the Town Board to use the documents as often as possible
and if not used as intended that the Eden Conservation Board remind the Town
Board of its existence.Councilman
Zittel also noted the Town Board should be able to call on the Eden Conservation
Board for services on things that could be overlooked unintentionally.
Supervisor Nellis asked if there
were any other comments, there were none.Upon being put to the vote, All – “Ayes”; Opposed?
– None; Abstain? – None; ADOPTION of the Town of Eden “Open Space Index”(OSI) and of the “Natural Resource Inventory” (NRI) was
2.) Discussion of Proposal to Establish Town Records
Nellis turned to Mary Jo Hultquist, Town Clerk to lead the discussion of the proposal
to establish a Town Records Management Committee.
Hultquist began the discussion by stating that Paula Thurston, Deputy Town
Clerk was very instrumental in working the SARA grant for the “Records
Management Inventory”.It was the first
glimpse of what records were in the Town and after completing the grant it was
realized that this was a project that needed to be an ongoing process in the
Town of Eden.After speaking with Jim Tammaro the Regional
Advisory Officer with New York State Archives and Records Administration,
suggested that forming a committee would be a good idea and something that
could be useful for the Town.The
committee would be made up of the Town Clerk, a Town Board Member, Town Historian,
Librarian and two citizens of the Town.The Records Advisory Board would meet only twice a year for example in
January when Town employees are cleaning out their files.A MU-1 Schedule (Municipality Schedule) would
be followed that is published by the State Archives and Records Administration
that covers all Town records.
Hultquist also stated that after completing the SARA Grant it was realized that
there was a lot more work to be done because the current files of the Town are
located in several locations through out the Town, in such places as the
Highway garage, above the police dept in the vault of the Town Hall.It is the feeling of the Town Clerk to
proceed and form the Records Advisory Board to ensure “good record keeping” in
Hultquist also stated the Committee’s responsibility would be to help organize
and more effectively operate a records management program.The Board would support, implement and guide
the program.They would develop and
implement polices and procedures, define program goals and objectives.It would advise on major decisions concerning
records management such as establishment of a records center or the
implementation of microfilm program.Also they would promote public awareness and review all requests for the
disposition of records according to the guidelines of the MU-1 Schedule.
Zittel asked would this proposal dovetail into working to get a bigger place to
store records.Mrs. Hultquist stated
that a needs assessment would need to be completed and if a building or other
location were identified the Town could get a grant to have the location fire
proofed and furnished to hold the Town records, the grant is available to the
Town.Through grants 50% - 60% of other
towns have established locations to store town records.
Thurston, Deputy Town Clerk gave a detail description of a visit to another
town’s location for records. It had the proper shelving and temperature to
preserve the records.It really gave
herself and the Town Clerk a glimpse of what could be done in the Town of Eden.Mrs. Thurston noted that 829 square feet of
records exist in the Town of Eden
and half are stored in the vault of the Town Hall and the rest are scattered
around the offices of the Town in boxes and file cabinets.
Krycia asked why the records could not be archived on computers as opposed to
being pulled from old books and shelves.Mrs. Thurston explained that it is possible and it would require monies
and training to do it.Mrs. Thurston
stated that this is the first Town record inventory to have been
completed.She went in to every office
and that every office staff understood the need for retention.
Pew clarified that a grant would cover such items as new shelving, microfilming
machine, fire proofing the room ceiling to floor and temperature control,
however the grant would not cover the construction of a new building.Mrs. Hultquist suggested that an existing
building such as the old Emergency Squad building could be looked at as a
possible location to store records.
Nellis asked Mrs. Hultquist how the structure of the committee was formed and
why is it that the department heads are not listed.Mrs. Hultquist answered that she followed the
guidelines of the New York State Archives and Records Administration.Mrs. Hultquist also explained that the
department heads would be the first to establish a retention schedule for their
departments using the guidelines of the MU-1 Schedule and they would have input
before going to the committee.
Nellis stated that the resolution seemed to narrow who in town would have the
expertise to be a member of the committee.
Zittel asked if there would be a budget required for the committee and Mrs.
Hultquist stated that the committee would be mainly working with grants and at
this time she saw no need for a budget, each individual office would have a
budget for supplies.
Pew asked if it would be a temporary advisory board.Mrs. Hultquist stated that it would be an
ongoing board because of the need to maintain the Town records with the use of
the retention schedule in each of the offices of the Town.
Pew expressed concern over why the Court office is not recommended to sit on
the committee.Mrs. Thurston stated that
the court records have a retention schedule of their own and even with that
they are still part of the Town inventory, but it would be the discretion of
the court office with state guidelines on the retention of the Town court
the end of the discussion;
MOTION was made by Councilman Zittel to establish the
Records Management Advisory Board under the Town Clerk’s guidance to form the
Advisory Board following the guidelines set by the New York State Archives and
Records Administration, seconded by Councilman Krycia.
discussion that under Section #4 of the resolution that “minutes should be kept
of all meetings and any actions taken” be added.Supervisor Nellis then read the following
Resolution with the addition to Section #4 which is on file in the Town Clerk’s
RECORDS MANAGEMENT RESOLUTION
Eden Town Clerk has previously undertaken a program for the
establishment of a local government archives and records
desirable to have a records management program in place on a
continuing basis; and
objectives of the Eden Town Board are best achieved by the official
adoption of a comprehensive records management program;
NOW, THEREFORE BE IT RESOLVED:
1:Town Clerk:The Town Clerk or her designee shall be
responsible for the records management program established
resolution and subsequent amendments thereto.Said office will be
responsible for administering the non-current and archival
records for the Town of Eden
in accordance with local, state, and
federal laws and guidelines.Said officer shall also be responsible for
overseeing microfilming of Town records according to
standards and specification.
2:Powers and Duties:The Town Clerk or her designee shall
have all the necessary powers to carry out the efficient
determination of value, use, preservation, storage and
value, use, archival public records kept, filed or received
by the office and
departments of the Town of Eden.
Town Clerk or her designee shall establish guidelines
for proper records management in any department or agency of
Towngovernment in accordance
with local, state, and federal laws and
Town Clerk or her designee shall report annually to
the Town Board on the powers and duties herein mentioned
not limited to, the cost/benefit ratio of programs
implemented by the
Town Clerk or her designee.
3:Sole Officer:The Town Clerk or her designee shall be the
sole official designated in the “Public Officer’s
Certification for Using
Records Retention and Disposition Schedules” or its successor.She shall
be the sole officer with authority over the disposition of
after receiving approval of the respective Town Officer or
who has custody of the records of his respective office or
Section 4:Records ManagementAdvisory Board:The Eden Town Board shall appoint a seven
member Records Management Advisory Board based on the recommendations by the
Town Clerk.The Records
Management Advisory Board shall be
composed of Town residents with
interest in the field of archives programs, or records management programs, or
a related field.The function of
this board shall
advise and make suggestions to the Town Clerk or her designee on
to be made to the Eden Records Management Program.The Board shall meet at least twice a year
and more so if needed.
member of the Eden Town Board shall serve as a
liaison of the Records Management Board.
Town Clerk or her designee shall be responsible for
all meetings with minutes and action taken of the Records Management Board,
making progress reports concerning the Records Management Program to the
Records Management Board, and following up on advise and/or suggestions offered
by the Records Management Board.
5:Construction.Inconsistent Laws:If any part
or its application to any persons or circumstances, is adjudged by
a court to be invalid or ineffectual, such judgment shall not affect the
remainder of the resolution or its application to any other
resolution shall supersede all prior resolutions
inconsistent with it to the extent of such inconsistency,
but in all other
respects shall be deemed supplemental to such
all meeting with actions taken to be included.
6:Effective Date:This resolution shall take effect
After Supervisor Nellis read the
Resolution, Councilwoman Pew felt that legal council should review the
Councilman Zittel then added to the
Motion “with review and approval of legal council” the Resolution was
put to vote.
All – “Ayes”; Opposed? – None; Abstain? – None; the Resolution
5.) Town Board Meeting Schedule – Month of November
Nellis requested that the Town Board Meetings for the month of November be
changed to November 17, 1999.On November 3, 1999 a special meeting is
already scheduled for the preliminary budget of 2000, and since November 24, 1999 is the evening
MOTION was made by Supervisor Nellis to change the
Town Board November Regular Session to Wednesday
November 17,1999 at ; seconded by Councilwoman Pew; All – “Ayes”;
Opposed? – None; Abstain? – None; Motion carried.
3.) Schedule Public Hearing Date – Request from John
Bossi to construct multi-family
dwellings on Route 20.(Zoning Change & Special Use Permit)
Nellis stated that the Town has received a legal description from John Bossi
that was sent to Andrew Reilly, Town Engineer and William Trask, Town Attorney
as required in scheduling a public hearing date.Supervisor Nellis requested that a public
hearing be schedule for November 17, 1999 at 8:00 P.M. to consider Mr. Bossi’s
request for a zoning change and a special use permit and it is Supervisor
Nellis’s understanding that Mr. Bossi has been requested to forward to the Eden
Planning Board a traffic study in addition to material already received.It was discussed at length that there would
possibly be the need for two public hearings for Mr. Bossi, the first one being
for the “Zoning Change” and then the second being the request for a “Special
MOTION was made by Supervisor
Nellis to schedule a public hearing for the request from John Bossi to
construct a multi-family dwelling on Route 20 for November 17, 1999 at 8:00
P.M. regarding the “Zoning Change” and “Special Use Permit” and if the need to
separate the two is required, a second public hearing would be scheduled at
8:15 P.M. upon advise from council; seconded by Councilman Zittel; All –
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.
4.) Winter Parking Hours –
Schedule Public Hearing
stated that Anna Knack thoroughly researched the issue of Winter Parking Hours
and a request was received from Patrick Howard, Eden Chief of Police and Ronald
Maggs, Superintendent of Highways to add in the Town Code a Local Law on the
issue of Winter Parking. Supervisor Nellis requested to propose Local Law
1999-4 that would prohibit parking on all public highways within the Town of Eden
excluding the state highways from
to , from November 1 to April
1.Supervisor Nellis then requested that
a public hearing be schedule for November
17, 1999 at
MOTION was made by
Councilwoman Pew to schedule a public hearing on November 17, 1999 at 8:30 P.M.
regarding Local Law 1999-4 that would prohibit parking on public highways
within the boundaries of the Town of Eden, excluding State Highways, from 2:00
A.M. to 7:00 A.M. from November 1 to April 1; seconded by Councilman Krycia;
All – “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
6.) Correspondence from Rural
Transit Service, Inc., RE: Van Program, 2000-2001
Community Development Block Grant Year (Letter of Support &
stated that under the rules of the CountyProgram on Community Development
monies and the need to forward on to ErieCounty by November 15, 1999 the following RESOLUTION
was read by Supervisor Nellis:
At a meeting of the
Eden Town Board held on October 27,
1999, the Board authorized Glenn Nellis, Supervisor to sign, submit
and execute a contract with Erie County Community Development Block Grant
(ECCDBG) program for the following projects upon approval of ECCDBG.
of Access Property (TownRecreationPark)
Ryther Creek Drainage Project (Continuation of last year’s grant)
Program (Rural Transit Service Inc.)
Councilman Zittel seconded the
Resolution read by Supervisor Nellis; All – “Ayes”; Opposed? – None; Abstain? –
None; the Resolution was approved.
Nellis also requested authorization to sign the resolution to support the Rural
Transit Service van program for the 2000 – 2001 CDBG year.
MOTION was made by
Councilwoman Pew to authorize Supervisor Nellis to sign the resolution to
support the Rural Transit Service van program for the 2000 – 2001 CDBG year;
seconded by Councilman Krycia; All – “Ayes”; Opposed? – None; Abstain? – None;
8.) Request for permit to
construct a pond at 3173 Hickox Road
requested to refer the request of Al and Gail Raro to construct a pond at 3173
Hickox Road to the Eden Planning Board for review.
9.) Approval of Recreation
Department Winter Program Supervisors
read the request of Recreation Director, Susan Brass recommending staff
appointments for the Recreation Department Winter Program Supervisors.The request is on file in the Town Clerk’s
MOTION was made by Councilman
Zittel to approve the appointments of the Recreation Department Winter Program
Supervisors as recommended by the Recreation Board; seconded by Councilman
Krycia with the understanding that these appointments were all budgeted by the
Recreation Board; All – “Ayes”; Opposed? – None; Abstain? – None; Motion
10.) Resolution on “CHIPS” Program
proposed full funding for the “CHIPS” Program and after speaking with Ronald
Maggs, Superintendent of Highways there is a concern that they in the past a
situation has occurred where the governor had reduced the 50 million budgets
for “CHIPS” money consolidated local government assistants.The Erie County Superintendents want to make
the governor aware of their views and arguments.
Nellis read the following RESOLUTION:
WHEREAS, the CHIPS program
provides essential road repair funding for ErieCounty and its local governments,
WHEREAS, without adequate
CHIPS funding, planning road and bridge reconstruction will have to be deferred
and in many cases canceled altogether,
NOW, THEREFORE BE IT RESOLVED,
that the Eden Town Board requests Governor George Pataki to include full
funding (1999 final budget figures) in State Budget 2000 – 2001 for the CHIPS
BE IT FURTHER RESOLVED that
the Eden Town Clerk send a certified copy of this resolution to the Western New
York State Legislative Delegation and the Governor.
The Resolution was seconded by
Councilman Zittel, Supervisor Nellis noted that Assembly Smith felt that this
resolution would be helpful for the need of monies, All – “Ayes”; Opposed? –
None; Abstain? – None; Resolution was approved.
Nellis stated that he had received from Patrick Howard, Chief of Police a
letter recommending Shawn D. Bishop’s classification be changed to Police
Officer, First Grade plus seven.This
action would be in accordance with the contract the Police Club negotiated and
would bring him to the top of his pay scale.The letter is on file in the Town Clerk’s office.
MOTION was made by Councilman
Krycia that Shawn D. Bishop’s classification be changed to Police Officer,
First Grade plus seven retroactive to his anniversary date in July; seconded by
Councilman Zittel; All – “Ayes”; Opposed? – None; Abstain? – None; Motion
Nellis continued his report by stating he received a request for payment from
Wendel Engineers in the amount of $1,498.79 for services rendered for the Eden
MOTION was made by Councilman
Zittel to approve payment to Wendel Engineers in the amount of $1,498.79 for
services rendered for the Eden Master Plan; seconded by Councilman Krycia; All
– “Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Nellis also reported that the Ferrier Road
3000 foot extension to District #3A would begin on Monday November 8, 1999.
Supervisor Nellis reported that he received an inquiry about the burning of
leaves in the Town of Eden.An Ad will be placed in the Pennysaver
reminding residents to mindful of the winds towards neighbors and
roadways.Supervisor Nellis also
suggested that building a mulch pile or placing the leaves in low areas to
avoid the possible breeding of mosquitoes.Also the highway department has a place where residents can bring their
leaves by the highway department garage.
Zittel asked if it was policy or local law that allows the disposing of
leaves.Supervisor Nellis stated that it
is policy and the DEC has the responsibility to oversee abuses of leaves
Hearing of Visitors:
MOTION was made by
Councilwoman Pew to adjourn the Work Session of the Eden Town Board subject to
the Executive Session; seconded by Councilman Zittel; All – “Ayes”; Opposed? –
None; Abstain? – None; Motion carried.
Nellis adjourned the Work Session of the Eden Town Board at
Nellis adjourned the Executive Session of the Eden Town Board at
of Eden, Town Hall, 2795 East Church Street, Eden, New York 14057-0156
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