VILLAGE BOARD MEETING Monday, October 20, 2014

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1 VILLAGE BOARD MEETING Monday, October 20, 2014 Present: Mayor Allan A. Kasprzak Trustees: Deborah Carr-Hoagland, Patrick Shea, Randolph West, Kevin Biggs, Peter Mercurio, Ernest Scheer Also Present: Joyce M. Jezewski, Village Clerk Treasurer Bryan Gazda, Village Administrator Matt Hoeh, DPW Superintendent Bill Kramer, Town of Aurora Building Inspector Robert Pierce, Attorney for the Village East Aurora Bee East Aurora Advertiser Orchard Park Sun 7 members of the public Mayor Kasprzak opened the meeting at 7:00 pm followed by the Pledge of Allegiance. He asked for a moment of silence in memory of former DPW employee Gene Erdley and former village election inspector Catty O Brien. Motion by Trustee Carr-Hoagland to approve the meeting minutes of October 6, 2014 as presented. Seconded by Trustee West, with Trustee Biggs abstaining. Motion carried. Trustee Scheer moved to approve the payment of vouchers: # #51858 in the amount of $299, Seconded by Trustee Mercurio and unanimously carried. PUBLIC HEARINGS Trustee Shea made a motion to open the public hearing at 7:03 pm on the Community Development Block Grant fund program. Seconded by Trustee Mercurio and unanimously carried. Mayor Kasprzak asked if anyone from the audience would like to speak in regard to potential projects for the grant, noting that the program allocates annual funds to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, principally for low and moderate-income persons. There was no public comment. Village Board members discussed funding the replacement of windows at the Aurora Senior Citizens Center and the annual funding of the Rural Transit Van Service.

2 Trustee Mercurio made a motion to close the public hearing at 7:05 pm. Seconded by Trustee Carr- Hoagland and unanimously carried. Trustee Biggs made a motion to open the public hearing at 7:06 pm to hear the Special Permit Application on behalf of Stephanie Stanislowsky dba Paint on Tap, LLC, 650 Main Street pursuant to Section of the Code of the Village of East Aurora to permit food and beverage service on premises. Seconded by Trustee West and unanimously carried. Applicant sent a representative to the meeting on her behalf. It was noted that the location will be used as a paint studio where instructors give detailed, step-by-step instructions to walk their customers through creating a work of art. Light food, along with beer and wine will be available for sale to the patrons for which a liquor license is being applied for. There was no comment from the public. Motion by Trustee Mercurio to close the public hearing at 7:10 pm. Seconded by Trustee Scheer and unanimously carried. SPEAKERS & COMMUNICATIONS (I) Karen Lee, 570 Fillmore noting that property on Whaley (vacant land/quasi parking lot, 576 Fillmore, LLC) continues to collect trash and debris (photos provided to village board) and will continue to escalate unless the Village does something. She referenced Section (A) (3) (b) of the Village Code noting that if there is supposed be a parking lot there, it should be screened from all adjoining residential areas. The Building Inspector Bill Kramer was directed to contact the property owner. OFFICIAL CONSIDERATIONS Motion by Trustee Carr-Hoagland to authorize Mayor Kasprzak to sign the Department of Criminal Justice (DCJS) Grant Contract in the amount of $100,000. Seconded by Trustee Shea and unanimously carried. Police Chief Krowka reported that the grant will be used for a replacement base station that serves all of our fire control districts, a new license plate system for patrol cars and portable radios. Trustee Carr-Hoagland reported that she and Trustee West concur that one of the most important items to prioritize for capital projects is the replacement of water meters. The significant water loss in the village, as result of old and faulty meters makes this a very pressing issue. Trustee West reported that he and Clerk Treasurer Joyce Jezewski have pretty much finalized the Temporary Permit process and the costs associated with each of the permits. He wishes to review with the board at a future meeting. Several board members thought it would be a good idea to have a work session to discuss both the water meters and permits. Trustee Biggs reported that the ice rink is open and that he asked the ice rink folks to be considerate of their neighbors.

3 Trustee Scheer reported that he met with John Venezia regarding the music fest for next year, noting they are making every attempt to have a more controlled event. Trustee Biggs noted that the Ice Rink and other local bars are violating NYS liquor law by allowing people to leave their bars with drinks. Mayor Kasprzak: Reported on a discussion he had with a few local business owners regarding a New Year s Eve ball drop next December Reported that the County has seen a sales tax revenue increase by 21% from October 2013 compared to October 2014 Reported that the Erie County Village Officials Association and the Erie County Association of Governments are jointly submitting a list of legislative proposals to NYS on the Tax Cap, Tax Freeze and NYS Mandates. Mayor Kasprzak will be attending the legislative session hosted by NYCOM on Monday, November 17, 2014 in Albany. He also noted that the tax cap rebate checks being received by homeowners are NOT what the state promised. Several complaints have been received regarding the property maintenance at 111 Hamburg Street. Code Enforcement Office Bill Kramer directed a letter to the owner of the property which cited several violations of village code. Motion by Trustee Shea to schedule a joint meeting with the Town of Aurora for Wednesday, November 5, Seconded by Trustee West and unanimously carried. Town Supervisor Bach asked that there be a review of topics to be discussed prior to the meeting. Board members were asked to submit their topics of concern to Mayor Kasprzak. UNFINISHED BUSINESS Trustee Biggs offered the following resolution and moved for its adoption: ERIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, the Village of East Aurora desires to submit a grant application under the Erie County Community Development Block Grant (ECCDBG) program for the program year, and WHEREAS the Trustees of the Village of East Aurora have held a public hearing on October 20, 2014 to allow public input for possible projects to submit for funding period, and reviewed possible grant applications; WHEREAS, the Trustees of the Village of East Aurora has considered a joint application with the Town of Aurora for the replacement of windows at the Aurora Senior Center as well as funding the Rural Transit Van Service; NOW THEREFORE, BE IT RESOLVED that the Mayor is authorized to sign, submit and execute a contract with the Erie County Community Development Block Grant (ECCDBG) program for the following project (s) upon approval of ECCDBG.

4 1. Replacement of Windows at the Aurora Senior Citizen s Center 2. Rural Transit Van Service The foregoing resolution was seconded by Trustee Shea and unanimously adopted with voting as follows: Trustee West AYE Trustee Biggs AYE Trustee Scheer AYE Trustee Carr-Hoagland AYE Trustee Shea AYE Trustee Mercurio AYE Mayor Kasprzak AYE Trustee Mercurio made a motion to approve the Paint on Tap Special Permit as follows: VILLAGE OF EAST AURORA SPECIAL PERMIT To conduct business in an enclosed building pursuant to Chapter , of the Code of the Village of East Aurora. Person in Charge: Stephanie Stanislowsky Paint on Tap 650 Main Street East Aurora, New York Valid only for days and hours of Monday Friday 6 pm - 10:00 pm and Saturday 12 pm 10 pm For the purpose of: Serving beer, wine and lite fare during painting classes As per Village Board Approval on October 20, 2014 Date Issued October 30, 2014 THIS PERMIT MUST BE DISPLAYED AT PLACE OF ACTIVITY Special Conditions: Inside dining - 9_tables with total seating for 54 No outside dining No outside music The maximum capacity for the indoor dining shall be in accordance with Village Code and NYS Fire Prevention Code. The permit herein is issued to the applicants and cannot be transferred by such permitee without the written consent of the Village Board of Trustees. Exception is pursuant to G (1).

5 No activities other than the activities specifically set forth in this special Permit shall be carried on. No activities shall be deemed incidental to the activities permitted by this Special Permit unless and until such activities shall be approved as incidental activities by resolution of the Village Board of Trustees. The Village Board of Trustees hereby reserves the right to revoke approval of this Special Permit in the event the owner of the premises in which the use is permitted is found to be in violation of any of the above stated conditions. Seconded by Trustee Shea and unanimously carried. Motion by Trustee Biggs to hold a public hearing on Monday, November, 3, 2014 at 7 pm with regard to Proposed Local Law to Amend Chapter 285 Zoning: Definition of Brewery and allow Brewery use in C-M District. Seconded by Trustee Scheer and unanimously carried. NEW BUSINESS Motion by Trustee Biggs to schedule a public hearing with regard to the Olean Street Development Plan for November 3, 2014 at 7:00 pm. Seconded by Trustee Carr-Hoagland and carried. Motion by Trustee Shea to receive and refer the Development Plan Application for Main Street (East Aurora Coop) to Planning Commission for review. Seconded by Trustee Biggs and unanimously carried. Motion by Trustee Biggs to declare as surplus a 30 yard roll off container that was used for Department of Public Works vehicle #545. Seconded by Trustee West and unanimously carried. TEMPORARY PERMITS Motion by Trustee Shea to approve the Temporary Use Permit Application for Annual Caroler 5K Race sponsored by Eclipse Multi-Sport on Saturday, December 20, 2014 from 10 am 11 am. Seconded by Trustee Scheer, with Trustee Biggs abstaining. Motion carried. SPEAKERS & COMMUNICATIONS (II) James P. Collins, 898 Main Street addressed the board with regard to a Parks and Trails Program $4,000 grant for sinking ponds. He noted that the seating needs to be replaced, among other things. Mayor Kasprzak stated that he read the parameter of the grant and it cannot be used for existing parks repairs. It is seed money to start a program. Therefore the village cannot participate. Mr. Collins thanked the village board for their input. Ken Jaworski commented on the proposed local law for Brewery s. He noted that NYS has a very clear definition of Brewery and that the village should check with Alcohol and Beverage Control Board. The law should be based on the process not the individual applying to have a brewery in the village.

6 ADJOURNMENT Motion by Trustee Shea to adjourn the meeting at 8:30 pm. Seconded by Trustee West and unanimously carried. Respectfully submitted, Joyce M. Jezewski, CMC Village Clerk Treasurer