VILLAGE OF EAST AURORA BOARD MEETING. Tuesday, January 3, :00 PM

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1 VILLAGE OF EAST AURORA BOARD MEETING Tuesday, - 7:00 PM Present: Mayor Allan Kasprzak Trustees: Peter Mercurio, Raymond Byrnes, Alfred McCabe, Ernie Scheer, Patrick Shea Absent: Deborah Carr-Hoagland Also Present: Joyce M. Jezewski, Village Clerk Treasurer Matthew Hoeh, Superintendent of Public Works Shane Krieger, Chief of Police Bryan Gazda, Village Administrator Bill Kramer, Code Enforcement Officer East Aurora Advertiser, East Aurora Bee Sean Lane, HomeGrown Kitchen 1 Member of the public Mayor Kasprzak opened the meeting at 7:00 pm followed by the Pledge of Allegiance. Motion by Trustee Mercurio to approve the minutes of December 19, 2016 as presented. Seconded by Trustee Byrnes and unanimously carried. Trustee Shea moved to approve the payment of Abstract for: : #54672 #55035 in the amount of $30, Seconded by Trustee Byrnes and unanimously carried. PUBLIC HEARING Motion by Trustee Mercurio to open the public hearing at 7:04 pm on the Special Use Permit application received from Sean Lane dba HomeGrown Kitchen, Inc. Seconded by Trustee Shea and unanimously carried. There was no public comment. There was no comment from the Village Board. Mayor Kasprzak addressed Mr. Lane asking if he had anything to add to his request and he had nothing further to add, however he is happy to answer any questions. Trustee Shea confirmed that outdoor seating was part of his current application. There being no further comment, motion by Trustee Shea to close the public hearing at 7:05 pm. Seconded by Trustee Mercurio and unanimously carried.

2 SPEAKERS & COMUNICATIONS (I) Notice of Intent to Retire Joyce Jezewski, Clerk Treasurer distributed a letter to the Village Board indicating her intent to retire in August 2017 after 30 years of government service. Mayor Kasprzak indicated that over the next few months, the village would be conducting an interview process. Trustee Shea stated that the office has undergone many changes this past year with new staffing. Couldn t use this opportunity to revisit the tasks done in the office and perhaps there are options to contract out certain tasks. Administrator Gazda agreed there are various options that can be looked at in terms of re-configuration. Trustee Shea said that s what he was hoping, asking that Bryan look at things like payroll or other functions that might be done elsewhere. OFFICIAL CONSIDERATIONS Appoint Wayne Wypych Communications Supervisor Motion by Trustee Shea to promote Public Safety Dispatcher Wayne Wypych to serve as Communications Supervisor, effective, with additional stipend of $2500 pursuant to Article XI, Section 4 of the East Aurora Fire Control Agreement. Seconded by Trustee Byrnes and unanimously carried. APPOINT FULL TIME SENIOR ACCOUNT CLERK PROVISIONAL LINDA SHEPARD Trustee Shea moved to appoint Linda Shepard, 47 Michaels Walk, Lancaster, NY as Senior Account Clerk Provisional for the Department of Public Works, effective. The rate of pay will be $17.20 per hour; said appointment pursuant to the provisions of Erie County Civil Service. Seconded by Trustee McCabe and unanimously carried. APPOINTMENT TO HISTORIC PRESERVATION COMMISSION TO FILL VACANCY Mayor Kasprzak moved that Michael E. Lennon be appointed to the Historic Preservation Commission to fill the vacancy of Daniel Roeloefs; said term to expire April 6, Mayor Kasprzak indicated that he was notified by Planning Commission Chair, Dan Castle, of a pending opening on the Planning Commission. Trustee Mercurio reported that the LDC will be meeting at 5:30 pm the first Monday of each month and prior to the village board meeting. Meetings are held in the red room. Trustee Scheer stated that he walked around the Roycroft Campus last weekend and the Roycroft Shipping Building still looks as bad as ever. Trustee Scheer asked that the Village Attorney send a letter to the owner asking him to submit his plan. Trustee Shea, as liaison to the Historic Preservation Commission, indicated that he thought that Boice Lydell provided the HPC with a copy of his plan and he would try to obtain a copy for the Village Board. Trustee Shea agrees with Trustee Scheer s concerns and that Mr. Lydell needs to stick to his plan. Trustee Byrnes indicated that he was at that particular HPC meeting and he did not think that Mr. Lydell presented any kind of plan.

3 Trustee Shea agrees that the building needs progress, but however unsightly it looks, it is a secure building based on engineering reports that were previously received. Trustee Byrnes indicated, based on his construction background, that bracing does not necessarily make for a secure building. Trustee Shea further stated that Mr. Lydell should be served with notice that he has to start showing progress; the work that is being done is not adequate. Also, since the fine schedule has been updated and there is a new Judge, hopefully things will change. Trustee Byrnes indicated that Judge Markello is Mr. Lydell s attorney so that won t work. Nothing about the detail work that is being done by Mr. Lydell addresses the crumbling wall. With regard to the signage being discussed for Mr. Lydell s property, the signs were an idea that was discussed to inform the public to detail that a renovation is occurring. In doing this, it might alleviate some concerns. Mayor Kasprzak indicated that these issues need to follow the proper process, starting with the building department. Trustee McCabe reminded everyone there will be a work session at 6 pm prior to the January 17th board meeting to discuss the EAFD ladder truck and it s placement on the capital projects plan. UNFINISHED BUSINESS Motion by Trustee Shea to approve the Special Use Permit for Sean Lane, dba HomeGrown Kitchen. Seconded by Trustee McCabe and unanimously carried. VILLAGE OF EAST AURORA SPECIAL PERMIT THIS PERMIT MUST BE DISPLAYED AT 650 MAIN STREET Special Permit issued pursuant to of the Village Code of the Village of East Aurora Issued To: Sean Lane dba HomeGrown Kitchen Valid only for days & hours of: Indoor: Sunday Thursday from 11 am 9 pm; Friday Saturday from 11 am 10 pm Outdoor - Sunday Thursday from 11 am 9 pm; Friday Saturday from 11 am 10 pm For the purpose of: Restaurant Indoor Seating: 27 Outdoor Seating: 8 As per Village Board Approval: Special Conditions: Quiet music through speakers inside and outside The maximum capacity for the indoor dining shall be in accordance with Village Code and NYS Fire Prevention Code.

4 The permit herein is issued to the applicant and cannot be transferred by such permitee without the written consent of the Village Board of Trustees. Exception is pursuant to G (1). 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. NEW BUSINESS Referral to Historic Preservation Commission Certificate of Appropriateness Application for 253 Main Street. Bryan indicated that this particular type of application does not need to come to the village board for referral; however, Trustee Shea indicated that he would like to see further discussion on firming up the process. He indicated that the building department needs to have involvement/knowledge BEFORE a permit is issued on any property that is designated as a historic landmark as well. Clerk Treasurer Joyce Jezewski also noted that the village requires the designations to be filed with the Erie County Clerk s office. A list of the current landmark designated properties will be forwarded by the Village Clerk to the building department and Village Administrator. Bryan will review with Attorney Bob Pierce our obligations for filing with the county. RESOLUTION DESIGNATING POLLING PLACE AND HOURS POLLS ARE OPEN Trustee Shea offered the following resolution and moved for its adoption: WHEREAS, the next General Election for officers in the Village of East Aurora, New York, will be held on Tuesday, March 21, 2017 and WHEREAS, Section (3) (b) of the Election Law of the State of New York states that the Village Board of Trustees must designate by Resolution the polling place in each election district, and the hours during which polls are open. NOW, THEREFORE, BE IT RESOLVED: 1) That the one (1) polling place in the Village of East Aurora will be in the Village Hall, 571 Main Street, corner of Main and Paine Streets, East Aurora, New York; and 2) Polls will be open for the General Village Election to be held on Tuesday, March 21, 2017 between the hours of 12 noon and 9:00 pm. The foregoing resolution was duly seconded by Trustee Scheer and unanimously adopted. Election packets are available for pickup at the Village Clerk s Office. Dan Castle spoke on behalf of the Zoning Code Update Committee. An RFP was issued and five (5) responses were received. Members included himself, John Spooner from the Zoning Board of Appeals (ZBA), Geoff Hintz from the Planning Commission, Building Inspector Bill Kramer and Bryan Gazda. They evaluated the criteria and created a matrix based on nine (9) general criteria, determining what was most important to the committee - experience with NYS villages, NYS zoning code experience, project manager qualifications, project team qualifications, familiarity with project area, experience with public participation, detailed SOW provided, provided project

5 schedule, proposed costs within budget, along with some other technical aspects. After that, two firms rose to the top, namely Ingalls Planning (who did the Elm Riley Study) and Steinmetz Planning. Both firms were invited in for interviews. The committee felt that the presentation that Steinmetz gave was outstanding. A lot of work was put into the presentation and in evaluating our village code. Initially it came down to a 3/2 vote until the presentation when the committee voted 5/0 in favor of Steinmetz. Trustee Shea asked if the presentation was part of the RFP and Dan Castle said yes. Trustee Shea further queried on what was so significant in their presentation that swayed the bid to Steinmetz. Dan indicated that they reviewed the zoning code, found the flaws and spoke specifically to them, they put in the effort and were able to give us shorter timeline. Dan indicated that although Ingalls did a great job with the Elm Riley Study, they did not do as well with the interview and presentation. Trustee Mercurio asked did Steinmetz do a better job than expected or did Ingalls do less than expected or was it a combination of both. Dan said a little of both. Trustee Shea asked if these interviews were recorded because the numbers provided in the matrix show that Ingalls was in the lead and should be getting the award. How do we back this up if the presentation was not recorded? If you look at the pricing, there was only a $3 difference there. Administrator Gazda said there is documentation. Motion by Trustee Shea to approve the recommendation from the zoning code update committee, and authorize the Mayor to sign the contract with Steinmetz Planning, for the professional planning support services for the zoning code update at a cost not exceed $40,000. Seconded by Trustee Byrnes and carried. Mayor Kasprzak stated that the bond resolution to be voted upon is an increase of $250,000 over the original. Trustee Shea asked why so much. Administrator Gazda stated that the village received a revised cost estimate from our engineering firm. Trustee McCabe confirmed that the total cost for the project will be $749,500, to which the Administrator added that is the maximum that we are bonding for at this time. The following resolution was offered by Trustee Byrnes, who moved its adoption, seconded by Trustee Scheer, to-wit: BOND RESOLUTION DATED JANUARY 3, A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $250,000 BONDS OF THE VILLAGE OF EAST AURORA, ERIE COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE RECONSTRUCTION OF THE SYCAMORE AVENUE WATER MAIN IN AND FOR SAID VILLAGE. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant effect on the environment; and WHEREAS, the Board of Trustees of the Village of East Aurora, Erie County, New York, on August 17, 2015, duly adopted a bond resolution authorizing the issuance of $499,500 bonds of said Village to pay the cost of the reconstruction of the Sycamore Avenue water main, in and for Village of East Aurora, Erie County, New York,

6 including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, and WHEREAS, it has now been determined that the maximum estimated cost of such specific object or purpose is $749,500, an increase of $250,000 over that previously authorized; and WHEREAS, it is now desired to authorize the issuance of an additional $250,000 bonds of said Village for such specific object or purpose to pay a portion of the cost thereof; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of East Aurora, Erie County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the reconstruction of the Sycamore Avenue water main, in and for Village of East Aurora, Erie County, New York, including original furnishing, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $250,000 bonds of the Village of East Aurora, Erie County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $749,500, and that the plan for the financing thereof is as follows: a) by the issuance of the $499,500 bonds of said Village authorized to be issued pursuant to bond resolution dated and duly adopted August 17, 2015; and b) by the issuance of the additional $250,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to subdivision 1 of paragraph a of Section of the Local Finance Law, computed from December 3, 2015, the date of the first obligations issued pursuant to the aforesaid bond resolution dated August 17, Section 4. The faith and credit of said Village of East Aurora, Erie County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Village, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

7 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. Upon this resolution taking effect, a summary thereof shall be published in the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section of the Local Finance Law. Section 11. This resolution is adopted subject to permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Trustee Byrnes VOTING Aye Trustee Scheer VOTING Aye Trustee Mercurio VOTING Aye Trustee Shea VOTING Aye Trustee McCabe VOTING NAY Mayor Kasprzak VOTING Aye Trustee Carr-Hoagland ABSENT The resolution was thereupon declared duly adopted. SPEAKERS & COMUNICATIONS (II) - None Motion by Trustee Shea to adjourn the meeting at 7:42 pm. Seconded by Trustee Byrnes and unanimously carried. Respectfully submitted, Joyce M. Jezewski, CMC Village Clerk Treasurer