RESOLUTION NO. 164 RE: Supporting the Town of West Seneca in their Request to Secure a NYS Grant for the Proposed "Buffalo Creek Fishing and Boating Public Access Park" (INTRO 11-6)

WHEREAS, at the May 22, 2006 meeting of the West Seneca Town Board, members

unanimously adopted a resolution authorizing the filing of an application to the New York State Office of Parks, Recreation and Historic Preservation for a $280,000 grant for a town fishing and boating park at Buffalo Creek near Mineral Springs Road; and

WHEREAS, the Town of West Seneca has, as one of its natural resources, the Buffalo

Creek, and a parcel of land adjacent to the creek off Mineral Springs Road near Harlem; and

WHEREAS, this town-owned property has been previously identified in the Buffalo River

Watershed Greenway Plan as a high priority area for habitat protection, floodplain preservation, and

public access; and

WHEREAS, there is no other park in West Seneca or neighboring towns with the unique

characteristics of providing a water-based recreation area as well as a Lake Erie access point; and

WHEREAS, with the filing of a grant application, the Town of West Seneca aims to

construct a fishing and baiting park on the site.

NOW, THEREFORE, BE IT

RESOLVED, that the Erie County Legislature does hereby go on record in support of the

Town of West Seneca in their efforts to secure state and federal grant funding for the construction of

the proposed Buffalo Creek Fishing and Boating Public Access Park; and be it further

RESOLVED, that this Legislature respectfully requests that the New York State Office of

Parks, Recreation and Historic Preservation approves this worthy project on West Seneca Town owned

land to provide residents with a park offering water-based recreation and Lake Erie access;

and be it further

RESOLVED, that this body further acknowledges that no other park located in the Town of

West Seneca or surrounding towns currently offers water access or such water-based recreational

opportunities uniquely qualifying this proposed public access park as an endeavor that would gain

wide public support and enthusiastic utilization; and be it further

RESOLVED, that this body further acknowledges that no other park located in the Town of

West Seneca or surrounding towns currently offers water access or such water-based recreational

opportunities uniquely qualifying this proposed public access park as an endeavor that would gain

wide public support and enthusiastic utilization; and be it further

RESOLVED, that certified copies of this resolution be forwarded to the local delegation to

the United States Congress and the New York State Legislature, the Town of West Seneca Town

Board, and the New York State Office of Parks, Recreation and Historic Preservation.

Item 35 – MR. SMITH presented the following resolution and moved for immediate

consideration and approval. MS. WHYTE seconded. MR. RANZENHOFER voted in the negative.

CARRIED (14-1)

RESOLUTION NO. 165 RE: Amendment to NYS Family Court Act to

5. COMM. 12E-41 (2006)

WHEREAS, the Buffalo River Water Trail Project will promote public access along the

Buffalo River waterfront by offering canoe, kayak, and boating enthusiasts a unique opportunity to

experience historical, environmental, and industrial points of interest along the river; and

WHEREAS, the Project complements the River’s Greenway Trail, as well as similar efforts

to link existing and planned waterfront projects on the Buffalo River with those in the downtown

area; and

WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation,

through funding made available by the 2006 New York State Environmental Protection Fund and the

2007 Federal Land and Conservation Fund, solicited applications for parks development projects

that protect natural resources and enhance environmental infrastructure; and

WHEREAS, the objectives of Buffalo River Water Trail Project meet the criteria for funding

through the New York State Office of Parks, Recreation and Historic Preservation, Parks Grant

Programs, and an application for funding has been prepared by the Erie County Department of

Environment and Planning (ECDEP); and

WHEREAS, the County Executive will provide a draft budget plan including a proposal for

the required $119,410 in local matching funds and in-kind services to the Legislature for approval if

the project is selected by the New York State Office of Parks, Recreation and Historic Preservation.

NOW, THEREFORE, BE IT

RESOLVED, that the County Executive is hereby authorized and directed to file an

application for funds from the New York State Office of Parks, Recreation and Historic Preservation

in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965 in an amount not to exceed $119,410, and

upon approval of said request, will forward a suggested Resolution to the Legislature authorizing the

County Executive to enter into and execute a project agreement with the State for such financial

assistance to this County of Erie for the Buffalo River Water Trail Project and, if appropriate, a

conservation easement/preservation covenant to the deed of the assisted property, and be it further

RESOLVED, that certified copies of this resolution be sent to the County Executive; the

Director of Budget, Management and Finance; Andrew M. Eszak, Commissioner of Environment

and Planning; Michael Raab, Deputy Commissioner of Environment and Planning; the County

Comptroller; and the County Attorney.

(3-0)

Item 21 – CHAIRMAN MARINELLI directed that the following resolution be referred to

the FINANCE & MANAGEMENT COMMITTEE.

GRANTED.

INTRO 13-1 from KONST Re: Capital Projects

Item 22 – CHAIRMAN MARINELLI directed that the following resolution be referred to

the GOVERNMENT AFFAIRS COMMITTEE.