VILLAGE OF EAST AURORA April 25, Meeting called to order at 7:10 p.m. by Mayor DiPietro, followed by the Pledge of Allegiance.

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1 VILLAGE OF EAST AURORA April 25, 2006 PRESENT: Mayor David J. DiPietro Trustees: Patrick McDonnell, Libby Weberg, Peter Mercurio, Keith Bender, Ernie Scheer ABSENT: Trustee Craig Locke ALSO PRESENT: Robert Pierce, Village Attorney Matthew Hoeh, Dir. Public Works William Kramer, Building Inspector Media: EA Advertiser, EA Bee, Buffalo News 12 Members of the public Meeting called to order at 7:10 p.m. by Mayor DiPietro, followed by the Pledge of Allegiance. Trustee McDonnell moved to approve the Village Board minutes of March 7 th, 14 th, 18 th and April 4 th & 11 th, and seconded by Trustee Scheer. Motion passed, all Trustees voting in favor. Trustee Mercurio moved to approve payment of the abstract, vouchers # and seconded by Trustee Bender. Motion passed, all Trustees voting in favor. PUBLIC HEARINGS: Proposed Local Law 2 of 2006 to amend Chapter to prohibit drive-throughs in Mid Main District Mayor DiPietro opened the public hearing at 7:12pm. Four (4) members of the community stated their support of this local law amendment. Two in attendance were opposed, one on behalf of the Chamber of Commerce, also asking the Board to consider repealing the previously adopted drivethrough prohibition. A letter was also filed with the village board regarding this proposed legislation. There was no further public comment. Mayor DiPietro closed the public hearing at 7:19pm. Board Discussion: Trustee McDonnell stated that he is not in favor of this law, believes this limits a business from succeeding and perhaps competing with other businesses that currently have drive-through facilities. Mayor DiPietro supports this legislation. Trustee Scheer supports the legislation to prohibit drive-throughs in Mid Main. Trustee Weberg indicated that Mid-Main is one of the busiest pedestrian areas in the village and therefore, fully supports this legislation. Trustee McDonnell moved to table the adoption of the proposed local law. Motion failed for lack of a second. Trustee Weberg moved to adopt Local Law 2 of 2006 thereby amending Chapter to prohibit commercial drive through establishments in the Mid Main District. Seconded by Trustee Bender and carried with Trustee McDonnell casting the only vote against. 1

2 Proposed Local Law 3 of 2006 to amend the Village Code by adding Chapter 207 entitled Sex Offenders Mayor DiPietro opened the public hearing at 7:25 p.m. One (1) audience member indicated his opposition to the law stating that everyone has to live somewhere. Two (2) audience members were in support of the proposed legislation. Mayor DiPietro closed the public hearing at 7:32 p.m. Board Discussion: Trustee Weberg stated that the areas were designated on a village map. She felt that 1,500 feet was too much and thought that 1,000 feet would suffice. Offenders can still live in the village, but not within 1,000 feet of any schools or playgrounds. Trustee McDonnell is in support of the proposed local law. Mayor DiPietro is in support of the proposed local law. Trustee Bender stated that the areas of Fairlawn, Castle Hill and Mill are about the only areas left outside the 1,500 feet radiuses, and residents in those areas may not be pleased. Attorney Pierce commented that if the village were to preclude all areas of the village, then it can be construed that the village is acting in an arbitrary and capricious manner. Trustee McDonnell moved to adopt proposed Local law 3 of 2006 to amend the Village Code by adding Chapter 207 entitled Sex Offenders. Seconded by Trustee Scheer. Motion passed, all Trustees voting in favor. SPEAKERS AND COMMUNICATIONS: One resident stated that Board salaries needed to be significantly increased and proposed that the Mayor be paid $25,000 and Trustees $10,000 annually and schedule it to go into effect in two (2) years. Betsy Schwartz was not in favor of granting water and sewer connections to out of district users. Sally Gacek agreed with Ms. Schwartz statement. Joan Herold agrees that Village Board is under paid and also agrees that having the salaries not take effect for two years, would certainly limit criticism. OFFICIAL CONSIDERATIONS: Mayor DiPietro suggested that the village abolish the 1% Utility Gross Receipts Tax in an effort to help taxpayers deal with rising utility costs. Mayor DiPietro also indicated that the NYS Assembly recently failed to pass a bill to eliminate the state taxes on any gas fuel purchases above $2.00/gallon. He would like to see the village board send a letter and resolution in support. The village board agreed to address under the new business portion of the meeting. The village board agreed to hold a joint meeting with the Town of Aurora on Thursday, May 11 7:00 p.m. at Village Hall. The Administrator was directed to send a letter to the town confirming same. Mayor DiPietro asked that a resolution supporting the Scenic Byway be placed on the joint meeting agenda. Mayor DiPietro invited the public to the Arbor Day Celebration being held on Saturday, April 29 th at 1:00 p.m. at the East Aurora High School on Center Street. 2

3 Mayor DiPietro reported on the Tree Board s meeting with the Main Street RTF to discuss tree planting along Main Street. STAFF REPORTS: DPW Director Matt Hoeh reported on the progress of spring tree planting. Police, Treasurer and Building Department filed respectively filed written reports with the village board for month of March UNFINISHED BUSINESS: STARBUCKS SPECIAL PERMIT: Trustee McDonnell moved to take off the table, the Starbucks Special Permit application and the Conditioned Negative Declaration (CND). Seconded by Trustee Bender. Motion passed. Trustee McDonnell offered the following Resolution and moved its adoption: RESOLUTION # APRIL 25, 2006 RESOLUTION RESCINDING SEQRA CONDITIONED NEGATIVE DECLARATION ISSUED ON FEBRUARY 7, 2006 FOR A STARBUCKS RESTAURANT AND RECLASSIFYING THE ACTION AS TYPE 2 UNDER SEQRA WHEREAS, in 2003, the Village Board approved a development plan for Benderson Development Company (the Applicant ) allowing the construction of three small retail buildings at 160 Main Street in the Village (the site ). These buildings included a pharmacy building, a bank building containing 3000 sq ft and a third retail building. The Village Board issued a negative declaration under SEQRA for this development plan; and WHEREAS, the Applicant constructed the buildings, but upon information and belief was unable to secure a bank tenant for the 3000 sq ft building and the Applicant now desires to use one-half of this vacant building as a Starbucks Restaurant; and WHEREAS, on July 1, 2006, the Applicant, submitted an application to the Village Board seeking an amended development plan and special permit to use one-half of the vacant bank building as a 1500 sq. ft Starbucks Restaurant (this Application ); and WHEREAS, the site is zoned commercial and commercial manufacturing under the Village of East Aurora Zoning Code and restaurants are a permitted use on the site provided a special permit is obtained by the Village Board (see Village Code 93-19(B)(4) & 93-20(B)(1)); and WHEREAS, while this Application was pending, the Village Board approved an amended development plan and a special permit for a 1700 sq ft. Quiznos Restaurant to be located in a portion of the third retail building on the site; and WHEREAS, the Village Board classified the Starbuck s Application as an unlisted action and declared itself to be the lead agency under SEQRA; and 3

4 WHEREAS, on February 7, 2006, the Village Board adopted a conditioned negative declaration (the CND ) under SEQRA indicating that this Application will not have a significant environmental impact provided that the vacant bank building is not used as a restaurant or as a drive-thru; and WHEREAS, the public was provided with 30 days to comment on the CND as required by SEQRA; and WHEREAS, the Village Board has not yet rendered a decision on the development plan or special permit applications for the Starbuck Restaurant; and WHEREAS, the SEQRA regulations (6 NYCRR 617.7(f)) provide that at any time prior to its decision to undertake, fund or approve an action, a lead agency must rescind a negative declaration when substantive new information is discovered ; and WHEREAS, during the public comment period on the CND, substantive new information was provided to the Village Board which demonstrated that the Board had mischaracterized this Application as an unlisted action under SEQRA and improperly issued the CND because the proposed restaurant would not have the potentially significant environmental impacts originally discussed in the CND; and WHEREAS, the SEQRA regulations (6 NYCRR 617.5) contain a detailed list of Type 2 actions that have been determined, by law, not to have a significant impact on the environment or are otherwise precluded from environmental review under Article 8 of the NYS Environmental Conservation Law; and WHEREAS, the Type 2 list in the SEQRA regulations (6 NYCRR 617.5(b)(7)) provides that the following action is exempt from environmental review: the construction or expansion of a nonresidential structure or facility involving less than 4000 sq. ft of gross floor area which does not involve a change in zoning or a use variance and is consistent with local land use controls; and WHEREAS, because this Application involves the occupancy of an existing 3000 sq ft building by a 1500 sq. ft restaurant (both with less than 4000 sq ft of gross floor area), it should have classified it as a Type 2 action which is exempt from SEQRA review instead of classifying it as an unlisted action; and WHEREAS, on March 17, 2006, the Applicant s legal counsel submitted a detailed letter to the Village Board providing substantive new information which demonstrated that this Application would not result in any of the potentially significant environmental impacts discussed in the CND. That letter is incorporated by reference into this resolution; and WHEREAS, at the March 17, 2006 work-session, the Village Board further reviewed Part 1 of the SEQRA documents submitted by applicant and upon a hard look and reasoned evaluation of all information, comments and documents in the Village records, completed Part 2 and 3 of those SEQRA forms and determined that even if the court classified this as an unlisted action, the action would not result in any potentially significant environmental impacts, and that the plan is subject to 4

5 a negative declaration. The minutes reflecting that information, documentation and comments, as well as the documentation itself, are incorporated by reference into this resolution; and WHEREAS, given the new information noted above, the Village Board desires to rescind the CND and properly reclassify this application as a Type 2 action under SEQRA; and WHEREAS, the SEQRA regulations (6 NYCRR 617.7(f)(2)) provide that prior to rescinding the CND, the Village Board, as the lead agency, must inform other involved agencies and the Applicant and provide the Applicant with a reasonable opportunity to respond to the rescission; and WHEREAS, as noted in the CND, other than the Village Board, there are no other involved agencies to inform about this rescission and the Applicant has been informed already and does not object to it. NOW, THEREFORE, BE IT RESOLVED, that the CND adopted by the Village Board on February 7, 2006 for this Application is hereby rescinded for the reasons noted above; and BE IT FURTHER RESOLVED, that the Village Board reclassifies this application, which entails the occupancy of an existing 3000 sq ft building by a small 1500 sq ft restaurant, as a Type 2 action which is exempt from SEQRA review as noted above; and BE IT FURTHER RESOLVED, that in the event the Courts shall deem, that applied for, to be an unlisted action and subject to SEQRA review, the Village Board hereby determines the project will not result in any potentially significant environmental impact and therefore declares a Negative Declaration. Seconded by Trustee Scheer. Board Discussion Trustee Mercurio indicated that this sending the wrong message by cow towing to developers. Trustee Weberg stated that the resolution offered does not address points presented in the CND, nor the conditions set forth in the original development plan for the new Tops. Trustee Bender feels the village board uses the SEQR as a zoning tool rather than an environmental tool, which is what SEQR was intended for. He believes the current request meets the guidelines of the Village Code. Trustee Scheer felt the CND was not consistent. The board previously voted to allow a restaurant (Quiznos) and then subsequently voted to disallow Starbucks. Attorney Pierce indicated that the only item before the village board is the application for a special permit for Starbucks. The issue is not Benderson and as such, the application does in fact meet our current code requirements. Trustee Bender felt it is better to generate revenue than to let a building sit vacant. After discussion, the RESOLUTION was adopted with voting was as follows: Trustee McDonnell Aye Trustee Weberg Nay Trustee Mercurio Nay Trustee Scheer Aye Trustee Bender Aye Mayor DiPietro Aye 5

6 Trustee McDonnell offered the following Resolution and moved its adoption: RESOLUTION # APRIL 25, 2006 RESOLUTION APPROVING SPECIAL PERMIT AND AMENDED DEVELOPMENT PLAN FOR STARBUCKS RESTAURANT AT 160 MAIN STREET WHEREAS, in 2003, the Village Board approved a development plan for Benderson Development Company (the Applicant ) allowing the construction of three small retail buildings at 160 Main Street in the Village (the site ). These buildings included a pharmacy building, a bank building containing 3000 sq. ft. and a third retail building. The Village Board issued a negative declaration under SEQRA for this development plan. This approval and negative declaration are incorporated herein by reference; and WHEREAS, the Applicant constructed the buildings but upon information and belief was unable to secure a bank tenant for the 3000 sq. ft building and the Applicant now desires to use one-half of the vacant bank building as a Starbuck s Restaurant; and WHEREAS, on July 17, 2005, the Applicant, submitted applications (the Applications ) to the Village Board seeking a special permit and an amended development plan to use one-half of the vacant bank building as a Starbuck s Restaurant. The Applications and all related documents submitted by the Applicant are incorporated herein by reference; and WHEREAS, while the Applications were pending, the Village Board approved an amended development plan and special permit for a 1700 sq. ft Quiznos Restaurant to be located in a portion of the third retail building on the site. The Board issued a negative declaration under SEQRA for these approvals. These approvals and negative declaration are incorporated herein by reference; and WHEREAS, the site is zoned commercial and commercial manufacturing under the Village of East Aurora Zoning Code and restaurants are a permitted use on the site provided a special permit is obtained from the Village Board pursuant to Section of the Village Zoning Code; and WHEREAS, the Applications were referred to the Village of East Aurora Planning Commission and on September 7, 2005, the Commission recommended the approval of the development plan and special permit for the Starbucks Restaurant. In support of their recommendation, the Commission found that the plans had been submitted without a drive-through; the position of the out-door patio was re-located, as requested, and seating will be limited to 12 people; and signage meets the village code and the number of signs and size of signs were reduced. The minutes of the Village Planning Commission meeting on September 7, 2005 are incorporated herein by reference; and WHEREAS, the Applications were referred to the Erie County Division of Planning as required by General Municipal Law 239-m. The Division of Planning did not file a written recommendation, as they identified (verbally, per Michael Alspaugh on April 19, 2006) the Applications as a matter of 6

7 local concern and expressed no objection to the Applications and made no recommendations; and WHEREAS, on December 20, 2005, the Village Board held a public hearing to discuss the amended development plan and special permit. Notice of the hearing was duly published and provided to surrounding property owners in accordance with Sections of the Village Code. At the hearing, the Village Board considered the comments and documents received from the public along with testimony and written materials submitted by the applicant. The minutes of the hearing are incorporated herein by reference; and WHEREAS, the Village Board considered and discussed these Applications during numerous meetings from July 2005 until April The minutes from all those prior meetings are incorporated herein by reference; and WHEREAS, on April 25, 2005, the Village Board adopted a resolution determining that these Applications were Type 2 actions under SEQRA which were exempt from environmental review. This resolution is incorporated herein by reference; and WHEREAS, in compliance with Section of the Village Code, the Village Board finds that the general welfare, health, and safety of the residents of the Village will not be adversely affected by the issuance of the special permit, considering among other pertinent factors the flow of traffic, pedestrian and vehicular safety, fire control, snow removal, noise levels, visual pollution, sanitation and the general nature of the neighborhood. Attached hereto are the Village Board s findings in this regard. NOW, THEREFORE, BE IT RESOLVED by the Village Board as follows: 1. The recommendations and findings of the Village of East Aurora Planning Commission dated September 7, 2005 are adopted and incorporated herein by reference; 2. The special use permit is approved allowing the premises at 160 Main Street to be used as a Starbucks Restaurant. This special permit shall allow on premises eating accommodations and take-out service. 3. The special permit is subject to the permittee complying with all State, county and local laws, including but not limited to laws regulations of the Erie County Health Department, laws and regulations of the Village of East Aurora, New York and compliance with any all provisions of the New York State Building Code and Fire Prevention Code. 4. The amended development plan is approved allowing the premises at 160 Main Street to be used as a Starbucks Restaurant as shown on the amended development, specifically including, the limitation that the Starbucks Restaurant will operate without a drive-through. 7

8 FINDINGS OF FACT REGARDING ISSUANCE OF SPECIAL PERMIT AND AMENDED DEVELOPMENT PLAN FOR STARBUCKS RESTAURANT IN ECKERD S PLAZA April 25, The site is zoned commercial and commercial manufacturing under the Village of East Aurora Zoning Code. A restaurant is a permitted use in these zoning districts provided a special permit is obtained from the Village Board. 2. The proposed restaurant contains only 1500 sq. ft and complies with the Village of East Aurora Zoning Code and land use controls and no variances are required. 3. A public hearing was held on the special permit and amended development plan applications as required by law. The notice of the public hearing was duly published and served as required by law. 4. The Applications were referred to the Planning Commission of the Village of East Aurora and the Planning Commission recommended the issuance of both the special permit and the amended development plan. 5. The Applications were referred to the Erie County Division of Planning who concluded that the Applications were a matter of local concern and the Division of Planning expressed no objections to the Applications and made no recommendations. 6. Fire control will not be adversely affected by the approval of the special use permit and amended development plan for the site. The building was constructed in accordance with the New York State Building Code and Fire Prevention Code. The proposed restaurant will not significantly change the existing building. 7. The flow of traffic and pedestrian safety shall not be adversely affected by the issuance of the special permit or amended development plan. The Village traffic engineer, TVGA, studied the Applications and concluded that the proposed restaurant will not adversely impact traffic conditions. 8. The approval of the special use permit and amended development will not cause any adverse problems with respect to snow removal. The proposed restaurant will not significantly modify the existing development plan on the site or the current method of snow removal. 9. The approval of the special use permit and amended development plan will not result in any adverse increase in noise levels. Other than a small out-door patio which would only be used seasonally, the restaurant would be enclosed within an existing building. Moreover, the site is subject to background noise from the adjacent State highway and other commercial activities in the Village and this small restaurant is not expected to adversely increase noise levels in the Village. Also, the proposed restaurant will be closed after 10:00 pm further limiting any noise impacts. 8

9 10. The approval of the special use permit and amended development plan will not result in any adverse increase in visual pollution. The proposed restaurant will occupy an existing building and will not significantly change the architectural appearance of that building or the existing development plan. Only a new sign and small out-door patio (seating 12) would be added to the building, and they would comply with the Village s Zoning Code. 11. The approval of the special use permit and amended development plan will not result in any adverse increase in sanitation problems. All waste material would be stored in an onsite dumpster which will be emptied one or more times per week or more if circumstances warrant. Waste receptacles will be placed around the seasonal out-door patio and emptied once a day or more if circumstances warrant. 12. The approval of the special use permit and amended development plan will not adversely change the general nature of the neighborhood in that the surrounding neighborhood is commercial in nature and contains a number of restaurants including a Quiznos Restaurant on the site. The proposed restaurant will occupy an existing vacant building on the site which is already part of the neighborhood character. The proposed restaurant will not significantly change the appearance of this existing building (other than a new sign and small out-door patio which comply with the Village Zoning Code). 13. The seating capacity in the proposed restaurant shall be 20. Seconded by Trustee Scheer. Board Discussion: Trustee Weberg indicated that if the board was going to move forward on approval of the special permit, that there are some things that should be made a condition of that approval, such as: there should be an entrance opening in the front of the store parking should be made to be up close to the building there should be handicapped parking to replace the right of way along the rear wall of the building. At this point, the village board referred to the Starbucks plan (map) and discussed revisions to the Starbucks exterior landscaping and building plan with Benderson Attorney Ralph Lorigo. The following was agreed to by the village and Mr. Lorigo: Leave doors/entrances as they currently exist; emphasis is on maintaining front door access facing the circle Expansion of the outdoor patio and adding 36 inches of landscaping berm/buffer Addition of bicycle parking area and also the addition of 3 parking spaces and one (1) handicap accessible parking space No backlit signage (exterior) Benderson would install signage that Village chooses, based on examples of existing signs from other area Starbucks locations A map illustrating revisions discussed above is attached to this record. 9

10 There being no further discussion, the RESOLUTION WAS ADOPTED with voting as follows: Trustee McDonnell Aye Trustee Weberg Nay Trustee Mercurio Nay Trustee Scheer Aye Trustee Bender Aye Mayor DiPietro Aye April 25, 2006 NEW BUSINESS: Special Permits: Trustee Weberg moved to schedule a public hearing for May 9 6:30 for the restaurant special permit application for 687 Main Street. Seconded by Trustee Bender. Motion passed, all Trustees voting in favor. Out of District Water/Sewer Connections: Trustee Bender moved to table the application of Mike & Lissa Tehan for a single residential water line connection off Elmwood Avenue. Seconded by Trustee Weberg. Motion passed, all Trustees voting in favor. Trustee Bender moved to approve the application of Christine & Frederik Hoffman for a single residential water and sewer connection at 900 Fillmore Avenue. Seconded by Trustee McDonnell. Motion passed, all Trustees voting in favor. Temporary Use Permits: Trustee Mercurio moved to approve the Temporary Use Permit for the Kiwanis Chicken Barbeque at Hamlin Park on June 7, Seconded by Trustee Weberg. Motion passed, all Trustees voting in favor. Resolutions: Trustee McDonnell offered the following resolution and moved for its adoption: RESOLUTION NO: April 25, 2006 RESOLUTION OF THE EAST AURORA VILLAGE BOARD, OF EAST AURORA, NY AGREES TO MAINTAIN, REPAIR AND ENERGIZE A HIGHWAY LIGHTING SYSTEM ON OR ALONG MAIN STREET WITHIN THE GEOGRAPHICAL JURISDICTION OF THE VILLAGE OF EAST AURORA, SUCH HIGHWAY IDENTIFIED AS MAIN ST. OR ROUTE 20A WHEREAS, the State of New York Department of Transportation proposes to construct a State Highway identified as Main Street, and PIN # , County of Erie within the geographical jurisdiction of the Municipality, Village of East Aurora, and WHEREAS, the Municipality, Village of East Aurora, approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction, and WHEREAS, the State of New York has agreed to provide as a part of the project the following items in connection with a street lighting system: 1. Underground duct system, including conduits, pull boxes, hand holes and drainage pockets. 2. Ducts, pull boxes and anchor bolts on structures. 3. Foundation for light standards. 4. Light standards and bracket arms. 10

11 5. Luminaires, wiring switches and ballasts and all other components necessary to complete the lighting system, Provided that the Village of East Aurora agrees to maintain, repair and energize such highway lighting system for a period of 10 years or until such time as the COMMISSIONER, in his discretion, determines that such lighting and/or the maintenance of such lighting system is no longer necessary for such Highway. NOW, THEREFORE, the Village Board of East Aurora, duly convened, does hereby, resolve the municipality of the Village of East Aurora approve the above-subject project; and it is hereby further RESOLVED, that the municipality of the Village of East Aurora shall maintain, repair and energize such highway lighting system, and it is hereby further RESOLVED, that the Village Board of the municipality hereby authorizes the Mayor, of the Village of East Aurora of the same municipality to enter into and execute an Agreement with the State of New York and through the Commissioner of Transportation to commit the Village of East Aurora to maintain, at its own expense, the lighting system on the above-identified project, such agreement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the lighting system, and BE IT FURTHER RESOLVED: that the Village Clerk of the Village of East Aurora is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. The foregoing resolution was seconded by Trustee Scheer and passed unanimously. Trustee Mercurio offered the following resolution and moved for its adoption: RESOLUTION NO APRIL 25, 2006 Declare May 7 13, 2006 Building Safety Week Whereas, through our continuing attention to building safety, we enjoy the comfort and peace of mind of structures that are safe and sound; and, Whereas, building safety and fire prevention officials are at work year round to guide the safe construction of buildings; and Whereas, the dedicated members of the International Code Council, including building safety and fire prevention officials, architects, engineers, builders and others in the construction industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and Whereas, the International Codes, the most widely adopted building safety and fire prevention codes in the nation, are used by most U.S. cities, counties and states, These modern building safety codes also include safeguards to protect the public from natural disasters that can occur, such as hurricanes, snowstorms, tornadoes, wild land fires and earthquakes; and Whereas, Building Safety Week, sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public. It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and 11

12 Whereas, this year s theme, Building a Safer World Together, encourages all Americans to raise our awareness of building safety. Everyone can take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and Whereas, this year, as we observe Building Safety Week, we ask all Americans to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important roll that they play in public safety. Now, therefore, it is hereby proclaimed that May 7 through May 13, 2006, as Building Safety Week in the Town of Aurora. Accordingly, our citizens are encouraged to join their fellow Americans in participating in Building Safety Week activities and assisting efforts to improve building safety. The foregoing resolution was seconded by Trustee Bender and passed unanimously. NEW BUSINESS (CONTINUED): The proposal to amend local law establishing the salaries of elected officials was tabled until the next work session Trustee Bender moved to bid the renovation of Hamlin Park baseball diamond. Seconded by Trustee Weberg. Motion passed, all Trustees voting in favor. Trustee McDonnell moved to send a letter in support of partial tax exemption on motor fuel and diesel motor fuel. Seconded by Trustee Mercurio. Motion passed, with Trustee Weberg voting against. ADJOURNMENT Trustee McDonnell moved to adjourn the meeting at 9:50 p.m. Seconded by Trustee Bender. Motion passed, with all Trustees voting in favor. Respectfully submitted, Kimberly D. LaMarche, RMC Village Administrator Clerk-Treasurer 12