Village of East Aurora Village Board Meeting 7 PM Present: Mayor Allan Kasprzak Trustees: Patrick Shea, Randolph West, Alfred McCabe Absent: Trustees: Deborah Carr-Hoagland, Ernest Scheer, Peter Mercurio Also Present: Joyce M. Jezewski, Village Clerk Treasurer Bryan Gazda, Village Administrator Matt Hoeh, DPW Superintendent Bill Kramer, Building Inspector Robert Pierce, Village Attorney East Aurora Bee Orchard Park Sun Maria McCabe Ray Byrnes Clark Crook Whaley Residents (4) 12 Members of the public Mayor Kasprzak opened the meeting at 7:00 pm followed by the Pledge of Allegiance. Motion by Trustee West to approve the minutes of March 7, 2016 as submitted Seconded by Trustee Shea and unanimously carried. Trustee West moved to approve the payment of vouchers: #53850 - #53979 in the amount of $169,215.00 Seconded by Trustee McCabe and unanimously carried. SPEAKERS & COMMUNICATIONS (I) Karen Lee, 570 Fillmore submitted a formal request to the village board with regard to setting up a moratorium on the approval of any development plans submitted regarding any property within the Elm Riley Study area until the Elm Riley study has been completed with recommendations approved by the village board. We feel this is a fair and equitable request by virtue of the fact that four property owners, including myself requested zoning changes nearly two years ago. These requested for 570 Fillmore Avenue, 566 Fillmore Avenue, 54 Whaley Avenue and 34 Whaley Avenue were tabled pending the results of the study currently being conducted. These property owners still wish to have their requests for rezoning granted. Since the study is now underway, we feel it is more than fair for developers to wait for recommendations that may impact the area to be approved. Mrs. Lee submitted: a copy of the letter that Code Enforcement Office Bill Kramer sent to David Kern (relative to 574, 576,577 Fillmore) on March 18, 2014;
a copy of a previously submitted letter and petition requesting rezoning of the MI designation; references to several of the village code sections that relate to MI Development Plan requirements; a copy of which is on file in the Village Clerk s Office. Mayor Kasprzak asked when did this activity start up again to which Mrs. Lee said today. She contacted Bill Kramer who contacted the property owner. Bill Kramer stated they deposited four loads of material. Mr. Kern advised Bill Kramer that they will be submitting a development plan to the Planning Commission to allow them to store vehicles. Mrs. Lee continued by saying that there is a couple of trailers of junk, along with several huge piles of firewood. The loud compressor log splitter was going all day long on Thanksgiving. Mayor Kasprzak stated he understands what the neighbors are going through and asked Bill Kramer to be keep tabs on what is going on and ensure the code is enforced. The village board really hasn t had an opportunity to review anything as this was just presented this evening. Trustee West asked Bill Kramer if he agrees with the interpretation of the code that any car storage area, such as what was done in the past there, would require a paved surface? Bill Kramer indicated that it could be millings; as long as its anything that doesn t create dust. Trustee Shea asked if the trucks and bulldozers are driving past the houses on Whaley and exiting at the end of the street. Mrs. Ashman said yes. Trustee McCabe asked if Whaley is zoned for commercial traffic? Trustee Shea asked if there is activity taking place that is inappropriate work for the MI zoning? Mrs. Lee indicated that the owner is doing the work without a development plan. Trustee West stated that one of the challenges presented to the committee was a change in the character in the areas adjacent to the MI zoning without any formal buffer. Trustee Shea stated that if he came to the village with a development plan, it could be taken care of properly, but as of now, dumping material on the property is not a violation in the MI zoning. Should splitting wood on the property be restricted? Mayor would like to put the moratorium on hold until further review by the Code Enforcement Officer and the Village Board. We wouldn t want to hamstring anyone. Dave Stephens, 541 Fillmore voicing his concerns about the activity at the end of Fillmore and he is in agreement with everything that Karen Lee has mentioned. Agrees that any further development is curtailed until we know what the property owner is looking to do. OFFICIAL CONSIDERATIONS Motion by Trustee Shea to appoint Mark Hartley as part time mechanic at $20 per hour on an as needed basis; hours not to exceed 19.5 per week pursuant to Erie County Civil Service Rules and Regulations; further there will be no fringe benefits and probation period is waived. Seconded by
Trustee McCabe and unanimously carried. Trustee Shea stated he was under the impression that this position would not start until June, with the new budget. DPW Superintendent Matt Hoeh responded that there is funding left over and he will be used on an as needed basis. Receipt of Treasurers Report as of March 15, 2016. Motion by Trustee Shea to authorize the budget transfers as presented. Seconded by Trustee McCabe and unanimously carried. Budget Amendments: General Fund - B2 Budget Adjustments Amount To Account Department Line Item From Account Department Line Item $4,000.00 3410.460 Fire Vehicle Maint 3410.200 Fire Equipment $11,214.00 8560.200 Shade Trees Equipment 5110.420 Streets Operating Exp $1,200.00 1325.140 Clerks Office Overtime Wages 1990.400 Contingency $15,000.00 1420.411 Attorney Other Legal Counsel 1990.400 Contingency $1,200.00 1670.420 Printing & Mailing Maint & Repairs 1990.400 Contingency $183.00 1910.410 Insurance 1910.413 Judgements $226.00 1920.440 Annual Dues 1990.400 Contingency $100.00 8010.440 Zoning Training/Travel 8010.420 Zoning Supplies $4,225.00 8020.420 Planning Contractual 1990.400 Contingency Trustee Shea offered a motion to suspend the vehicle and traffic law 249-24 prohibiting overnight parking effective immediately. Seconded by Trustee McCabe and unanimously carried. Trustee West stated that it has been an honor to serve on the village board. He asked to put a charge before the board to carry forth the notion that this village and town can be without a doubt the finest place in western New York to live, bar none. If we plan and work hard and look after the interests of our residents and businesses, then we can make this a place that people will seek to live and work. Please use this as a guide for the decisions you will make for the future of the village. Mayor Kasprzak commented that Trustee West lost by one (1) vote. A challenge was submitted and the Board of Elections did a re-canvass. What concerns the Mayor the most is the fact that we have 4,067 registered village voters and only 332 of those voted in this past election. Just when you think your vote doesn t count, it does. This is a prime example and it s saddening that village voters just didn t take the time. Trustee West asked that his previous request requiring a change in the code to require a development plan for residential construction in a commercial zone be continued. NEW BUSINESS Motion by Trustee Shea to approve the Application for Temporary Use Permit for Arriba Tortilla to hold Cinco DeMayo celebration on Saturday, May 7, 2016 from 12 pm to 10 pm. Seconded by Trustee McCabe and unanimously carried as follows:
Kelly Jones Arriba Tortilla (The Little Tin Roof, LLC) 40 Riley Street Valid only for days of Saturday, May 7, 2016 Valid only for hours of 12 PM 10 PM Cinco De Mayo 2016 Parking Lot closure: 11:30 am 11:30 pm (as noted in application and map) Live music from 12 PM 10 PM inside tent Food Taco Stand Installation of 40 x 60 tent in side parking lot (as noted in application and map) Tent Install: May 7, 2016, 7 am Tent Removal: May 9, 2016, 9 am Onsite security to be provided at tent entrance As per Village Board Approval on Restoration: Complete clean up and maintenance of the entire area must immediately follow each activity. Motion by Trustee Shea to approve the Application for Temporary Use Permit for Absolut Care Aurora Park to hold a community egg hunt on Saturday, March 26, 2016 from 1 pm 3 pm. Seconded by Trustee West and unanimously carried as follows: Kate Walters Absolut Care at Aurora Park 292 Main St. Valid only for days of Saturday, March 26, 2016 Valid only for hours of 1 pm 3 pm Community Egg Hunt Music from 1 pm 3 pm 20 x 30 Tent installed March 26th @ 9 am; removed March 27 th @ 9 pm As per Village Board Approval on Restoration: Complete clean up and maintenance of the entire area must immediately follow each activity. Motion by Trustee Shea to approve the Application for Temporary Use Permit for Bar Bill Tavern to hold music event on Saturday, June 11, 2016 from 4 pm 12 midnight. Music until 11 pm. Seconded by Trustee McCabe and unanimously carried as follows:
Clark & Kathleen Crook Kaysea Creative Inc, dba Bar-Bill 185 Main Street Valid only for days of Saturday, June 11, 2016 Valid only for hours of 4 PM 12 Midnight Participation in East Aurora Music Fest (as follows): Installation of 40 x 60 tent in rear parking lot (Tannery Brook) in accordance with submitted map; Tent Install: June 10, 2016, 3 pm Tent Removal: June 12, 2016, 10 am Onsite security to be provided at tent entrance Live music from 4 PM 11 PM As per Village Board Approval on Restoration: Complete clean up and maintenance of the entire area must immediately follow each activity. Motion by Trustee Shea to approve the Application for Temporary Use Permit for the East Aurora Farmers Market to be held in the Grey Street Plaza every Wednesday and Saturday from 7 am - 1 pm for the period of May 1 Nov. 30, 2016, and contingent upon receipt of required insurance. Seconded by Trustee McCabe and unanimously carried as follows: Trustee West recommended that they move the market away from the middle driveway because there is too much crossing of pedestrians and car traffic, noting it would be better to move it towards the old Goodyear store and TJMaxx. Mayor Kasprzak stated there is also a driveway on that end as well. Either way there is a lot of traffic in the plaza on Saturday. Trustee West suggested that we contact Benderson via letter regarding the layout of the market to get it away from the congested t area. : Russ Schroeder dba East Aurora Farmers Market 48 Old Glenwood Road West Falls, NY 14170 Valid only for days of Every Wednesday & Saturday 5/1/16 thru 11/30/2016 Valid only for hours of 7 AM 1 PM; Grey Street Shopping Plaza Sale of Produce, Flowers, Meats, Homemade Goods and Homemade Wine As per Village Board Approval on Special Conditions: all goods must be homemade or homegrown Restoration: Complete clean up and maintenance of the entire area must immediately follow each activity.
Motion by Trustee West to approve the Application for Temporary Use Permit for East Aurora Chamber of Commerce to host Health & Wellness event at the Healthy Zone Rink, on Saturday, May 21 st from 10 am 3pm and contingent upon receipt of vendors/participants. Seconded by Trustee Shea and unanimously carried as follows: Gary Grote Greater East Aurora Chamber of Commerce 652 Main Street Valid only for days of May 21,, 2016 Valid only for hours of 10:00 AM 3:00 PM Health Live! Jump into the Healthy Zone ; health and wellness event to showcase businesses. As per Village Board Approval on Restoration: Complete clean up and maintenance of the entire area must immediately follow each activity. Motion by Trustee Shea to declare the 1997 Vermeer Chipper Surplus (serial #1VRM131T8V10052) as surplus to be auctioned. Seconded by Trustee McCabe and unanimously carried. SPEAKERS & COMMUNICATIONS Clark Crook, 566 Vermont Hill concurred with Karen Lee and Elizabeth Ashman for the need to keep a barrier between the manufacturing industrial zoned property and the residential properties on Fillmore Avenue. ADJOURNMENT Motion was made by Trustee Shea to adjourn the meeting at 7:53 pm. Seconded by Trustee McCabe and unanimously carried. Respectfully submitted, Joyce M. Jezewski, CMC Village Clerk Treasurer