EAST AURORA VILLAGE BOARD MEETING JANUARY 18, 2011 7:00 PM JANUARY 24, 2011 5:00 PM Present: Mayor Allan Kasprzak Trustees Randy West, Libby Weberg, Ernest Scheer, Pete Mercurio, Patrick Shea, Kevin Biggs Also Present: Joyce M. Jezewski, Village Clerk Treasurer Robert Pierce, Village Attorney Ronald Krowka, Police Chief Matthew Hoeh, Superintendent of Public Works William Kramer, Building Inspector EA Advertiser, EA Bee 5 members of the public Mayor Kasprzak opened the meeting at 7:00 pm followed by the Pledge of Allegiance. Mayor Kasprzak asked for a moment of silence in memory of Eric MacIver. Trustee Weberg moved to approve the Village Board minutes of December 20, 2010. Seconded by Trustee Mercurio and carried. Trustee Shea moved to approve the minutes from January 3, 2011. Seconded by Trustee West who noted a corrected date change (year) and carried. Trustee Biggs moved to approve the payment of Abstract of Vouchers #46181-46279 in the amount of $323,632. Seconded by Trustee Scheer and carried. PUBLIC HEARINGS: Trustee Biggs moved to open the public hearing at 7:10 pm on proposed local law to amend Chapter 112-2(A) of the Village Code entitled Buildings, Demolition of. Seconded by Trustee Weberg and unanimously carried. No one spoke in favor of or against. Trustee Mercurio moved to close the public hearing at 7:11 pm. Seconded by Trustee West and unanimously carried. Trustee West moved to open the public hearing at 7:12 pm on the development plan for Visual Impacts, 316 Main Street. A letter of support was previously forwarded to the Village Board on behalf of the Chamber of Commerce indicating their support and approval of this project. 1
Robert Zawierucha of 320 Main Street/25 Shearer Avenue addressed the village board with regard to his concerns on the development plan. A copy of his letter is also placed in the file. He noted that his biggest concerns were chemical disposal and emitted odors. He did not think that these concerns were addressed in the development plan. Trustee Shea inquired if there will be additional exhaust fumes that will impact the environment. Applicant Eric Zimmerman stated he has no problem with moving the exhaust fan to accommodate his neighbor and he will work with Building Inspector Bill Kramer on the specifics as to venting the exhaust on the west side of the building. SPEAKERS & COMMUNICATIONS: Robert Warhus, Hamlin Avenue addressed the Village Board with regard to snow covered sidewalks. Mr. Warhus conducted a survey of all towns and villages in Erie County and noted where permits are required for private snow plowing; a distinct difference is noted by the municipalities when private snow plow drivers are required to have a permit. A copy of his research was given to the Village Board. He is requesting that the village board re-visit the private snowplowing requirements local law that was introduced, but failed, last year. OFFICIAL CONSIDERATIONS: Trustee West is in the process of setting up a police advisory committee meeting. Trustee Scheer reported that the building on the former Ahern property at 445 South Street (proposed Cazenovia Creek Sanctuary) needs to be secured. Building Inspector Bill Kramer will visit the property tomorrow (January 19, 2011). DPW Superintendent Matt Hoeh is in the process of getting estimates for asbestos removal and demolition. Trustee Biggs reported on the issue of water ponding on Main at Elmwood. Mayor Kasprzak noted that he had already spoken to someone at NYSDOT with regard to this issue; The Village Clerk was directed to send a letter to NYS DOT asking them to address the village s concern. Trustee Weberg reported that there will be a meeting of the Cazenovia Creek Sanctuary Committee on January 26, 2011. Trustee Weberg also inquired if Special Use Permits are required for those businesses who make and sell food, but aren t considered a restaurant, i.e. Express Mart, Wilson Farms, Tops, etc. Mayor Kasprzak asked Building Inspector Bill Kramer to review to insure the Village is consistent in their permit process. Trustee Shea reported that there will be a meeting of the LGE Grant Committee on January 26, 2011 at Aurora Town Hall at 5:30 pm to discuss the draft plan for the consolidation of the East Aurora Department of Public Works and Town of Aurora Highway Department. Trustee West questioned whether there will be a presentation at the next work session on the Central Fire Hall. Mayor Kasprzak indicated probably not at that meeting. Mayor Kasprzak noted that Kimberly Reichert will continue as Registrar until the first Monday in April 2011. 2
Mayor Kasprzak reported that 24 applications have been received for the Village Administrator position. The committee narrowed the process down to ten (10) applications and he would like to Village Board to review those ten (10) applications, so that it can be narrowed down to the top five (5) applicants for interviews. The village board discussed holding this meeting over until January 24, 2011 to review the applications in executive session. Attorney Pierce and village consultant Kim Reichert reported on the TEP Grant meeting that was held at 1:30 pm in the village hall conference room. NYS approved funding in the amount of $745,000 will fund Roycroft Campus parking, alleyway enhancements, banners, and village entry signage. The village will need to secure eight (8) permanent easements to complete some of the enhancements. Mayor Kasprzak announced that Erie County CDBG (Community Development Block Grant) approved the Rural Van funding in the amount of $253,115. Mayor Kasprzak reported that the Aurora Ice Association (AIA) is applying for a grant for the operation of the ice rink. Mayor Kasprzak expressed his dissatisfaction with businesses, residents and village itself have a total disregard for clearing the sidewalks of snow. He noted that the new sidewalk plow should not be a museum. The policy of the DPW is that the snow plow does not go out unless there is six (6) inches of snow. The village paid for the installation of sidewalks at the Parkdale School and yet the school makes no attempt to clear the sidewalks of snow. He reiterated that the Code Enforcement Officer, Police Department and Department of Public Works should do all in their power to enforce the clearing of sidewalks as per Village Code. Trustee Shea indicated that the Boys and Girls club has started up the snow angels program again; if seniors or disabled folks need assistance with snow shoveling, they can contact the Boys and Girls Club for assistance. Trustee Weberg felt that in order for the village to be walkable, the village sidewalk plow should be out whenever there are two (2) or more inches of snow. Trustee Biggs concurred with Trustee Weberg, but also feels that village residents and businesses need to be responsible as well. Mayor Kasprzak reiterated that village properties are our responsibility and priority should be given to clearing the sidewalks as well as the streets and parking lots. Building Inspector will revisit sending out the sidewalk letter. He also noted that federal grants are available for the Lake Erie Water Shed to clean up waters and provide stream bank stabilization. Trustee Scheer reported that he is serving on the Taste of Our Towns committee. They are in the preliminary stages of this fundraiser and he will present the concept at a future work session. Trustee Scheer also noted that the East Aurora High School is presenting Susical the musical February 11-13 at the high school and Trustee Shea s daughter is playing the sour kangaroo. 3
STAFF REPORTS: DPW Superintendent Hoeh noted that the asbestos sampling was done and he is waiting for the report. Treasurer s Budget Report copies e-mailed to Village Board. Trustee West inquired if the budget transfers were reflected in the budget report. Motion by Trustee Shea to approve the budget transfers as submitted. Seconded by Trustee Biggs and unanimously carried. Amount To Account Department Line Item From Account Department Line Item 16,500.00 1325.410 Administrator Contractual 1325.110 Administrator Salaries 1500.00 1420.411 Other Legal Counsel 1990.400 Contingency 2521.00 1480.411 Spec Project Coord 1990.400 Contingency 61.00 1480.412 Spec Project Coord 1990.400 Contingency Expense 14,178.00 1640.460 Garage Vehicle 1620.110 Buildings Salaries and Wages Maint/Parts 24963.00 5112.200 CHIPS 5110.420 Streets Road Materials 900.00 3420.125 Dispatch Longevity 3420.140 Dispatch Overtime 867.00 3640.410 Hazmat Contract 3640.434 Disaster Preparedness Phone 2574.00 6410.403 SMSI Village Share 1990.400 Contingency 1000.00 7110.420 Cazenovia Creek 1990.400 Contingency Sanctuary 27839.00 8140.200 Pine Fillmore Storm 5110.420 Streets Road Materials Sewer 141.12 9785.607 Street Sweeper #1/5 5110.431 Streets Roads Operations.22 9785.702 2008 Ford Fusion #3/4 9785.701 2007 Ford Explorer #4/4.02 9785.704 2010 Crown Vic Int #2/2 9785.701 2007 Ford Explorer #4/4 UNFINISHED BUSINESS: Trustee Weberg moved to adopt Local Law #1 of 2011 amending Village Code 112-2, Demolition of Buildings. Seconded by Trustees Biggs and unanimously carried. Text with underline is added: 112-2 Permit Requirements; fees. A. No person shall demolish an existing building or structure having a gross floor area or base area of 500 square feet or more within the Village of East Aurora without first obtaining a demolition permit, approved by the Village Board of Trustees and signed by the Code Enforcement Officer, allowing such demolition. Such permit shall be applied for and issued to the owner of the property. If such building or structure is fifty (50) or more years in age, the Village Board of Trustees shall refer the application to the Village of East Aurora Historic Preservation Commission before making a decision. The Commission shall promptly review the possible historic significance of such building or structure and shall make a recommendation to the Village Board of Trustees with respect to the proposed demolition. 4
Trustee Mercurio offered the following resolution and moved for its adoption: RESOLUTION OF THE VILLAGE OF EAST AURORA OF A DETERMINATION OF NON- SIGNIFICANCE PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT IN THE MATTER OF THE APPLICATION SUBMITTED BY ERIC ZIMMERMAN REGARDING THE DEVELOPMENT/ADDITION OF STORAGE SPACE ON MAIN BUILDING/MODIFICATION AND ADDITION OF 2 ND STORY WITH NEW ROOF ON EXISTING SHED AT 316 MAIN STREET, dba VISUAL IMPACTS, EAST AURORA, NEW YORK WHEREAS, the applicant has filed Part 1 of the Short Environmental Assessment Form with this Board, a copy of which is included by reference and made a part hereof, relating to the proposed development at 316 Main Street, East Aurora, New York, identified as Visual Impact Signs, Inc.; and WHEREAS, the Village Board of Trustees carefully and fully reviewed Part 1 of the Short Environmental Assessment Form submitted by the applicant including the proposed Development Plan attached thereto, and any amendments and modifications made and filed with the Village by the applicant at the request of the Village, including, but not limited to, those requests set forth in the comments and recommendations of the Village of East Aurora Planning Commission, at Village work sessions and meetings, copies of the minutes of those meetings being incorporated by reference herein; and WHEREAS, a public hearing properly noticed was held by the Village Board when comments and discussions were heard and considered for and against the project; and WHEREAS, the Village SEQRA Intake Committee carefully and fully reviewed Part 1 of the Short Environmental Assessment Form submitted by applicant including the Development Plan attached thereto, and any above-referenced amendments and modifications; and WHEREAS, at said meeting, the SEQRA Intake Committee carefully and fully considered the discussions, comments and documentation presented for and against the project reflected in the minutes and attachments thereto of the various Village Board work sessions and meetings; the minutes of the public hearing; and the minutes of the Village Planning Commission with attached comments and recommendations, and WHEREAS, at said meeting, the SEQRA Intake Committee after a hard look at the above referenced minutes, comments, discussions and documentation and traffic reports prepared a draft Part II of the Short Environmental Assessment Form with a recommendation of the issuance of a Negative Declaration of environmental significance for submission to, and consideration by, the Village Board; and WHEREAS, the Village Board of Trustees at a work session on January 3, 2011 carefully and fully considered Part II of the Short Environmental Assessment Form, the recommendation of the SEQRA Committee and the above-referenced minutes, comments, discussions, documentation and traffic reports, all of which are incorporated by referenced herein; and WHEREAS, at said meeting, the Village Board of Trustees after a careful and full review of all the above-referenced minutes, comments, discussions and documentation independently reviewed each and every item on Part II of the Short Environmental Assessment Form; and 5
WHEREAS, the Village Board of Trustees at this meeting upon a hard look and reasoned evaluation of the above-referred to information, comments and written documentation, including, but not limited to, Part 1 of the Short Environmental Assessment Form; comments and recommendations of the Planning Commission; the site/development plan, minutes of the various Village work sessions and meetings wherein the project was discussed; accepted and approved the completed Part II of the Short Environmental Assessment Form concerning potential environmental impact of the project; all of which are incorporated by referenced herein; and WHEREAS, the Village Board, after carefully and fully reviewing all the information, comments and written documentation in regard to the project, and finding that there are no significant environmental impacts, NOW, THEREFORE, be it RESOLVED, that the Village Board of East Aurora as lead agency has determined that the proposed action described in the Short Environmental Assessment Form, submitted by the applicant, Eric Zimmerman for Visual Impact Signs, Inc. at 316 Main Street, as set forth in the site/development plan as filed with the Village, included and incorporated by reference herein, will not have a significant environmental impact and a Draft Environmental Impact Statement will not be required to be required nor prepared. The foregoing resolution was duly seconded by Trustee Biggs and unanimously carried. Trustee Weberg offered the following resolution and moved for its adoption: RESOLUTION OF THE VILLAGE OF EAST AURORA APPROVING THE DEVELOPMENT PLAN FOR 316 MAIN STREET, dba VISUAL IMPACTS VILLAGE OF EAST AURORA WHEREAS, Eric Zimmerman has submitted an application for a development/modification plan approval for property located at 316 Main Street in the Village of East Aurora. WHEREAS, the Planning Board of the Village of East Aurora having considered the application and submitted a recommendation for approval to the Village Board; and WHEREAS, the Village s SEQRA Intake Committee considered the application and reviewed Part 1 of the Short Environmental Assessment Form submitted by the Applicant and completed Part 2 thereof on behalf of the Village, and it was the determination of the SEQRA Committee that the proposed development plan would have no significant environmental impact; and WHEREAS, the Village Board held a public hearing, meeting, and work session all which were properly noticed to the public and reviewed and considered further the comments and all written materials submitted by the Applicant and all other information and recommendations before the Board; and 6
WHEREAS, the Village Board received and considered the site/development plan and any amendments thereto, which included recommendations and findings made by the Planning Commission; and WHEREAS, the Village Board has separately considered the environmental impacts of the project and issued a Negative Declaration of environmental significance. NOW, THEREFORE, be it RESOLVED, by the Village Board as follows: 1. The recommendations, including, but not limited to, the Planning Board; the statement of no significant environmental impact of the project, including, but not limited to, the Findings of Fact of the SEQRA Intake Committee; and the site/development plan rendering filed with the Village; and supporting information included in the minutes taken in relation to the above mentioned Village Board meetings and work sessions; are attached and incorporated herein by reference. 2. The resolution of the Village Board considering the environmental impacts of the project and the issuance of a Negative Declaration of environmental significance is attached and incorporated herein by reference. 3. The development plan is hereby approved, applying the standards under the Village Zoning Code, noting the project sits in with the Master Plan and is in harmony with the Zoning Code and with the condition that the Exhaust Vent shall be moved to the west side of the building in accordance with building inspector recommendations. 4. The resolution is effective immediately with the approval and issuance of a development plan permit as hereinbefore set forth. The foregoing resolution was duly seconded by Biggs and carried. Trustee Biggs moved to waive the water bill, along with any and all fees, for the proposed Cazenovia Creek Sanctuary; property currently known as Donata Ahern, 445 South Street. Be it further resolved that the water service be terminated and meter removed from the premises, with all costs waived. Seconded by Trustee Weberg and carried with Trustee Shea voting nay. Trustee Mercurio moved to approve the Town of Aurora Justice Court rental agreement, effective January 1, 2011. Seconded by Trustee Shear and carried with Trustee Biggs voting nay. 7
NEW BUSINESS: Trustee Biggs moved to appoint 2011 Election Inspectors as follows: Margaret Zagrobelny, Karen Sam, Mary Cope, Sharon Irving, Thomas Aris, Laurie Smith; with Alternate Inspector Catherine O Brien. Seconded by Trustee Shea and unanimously carried. Trustee Mercurio moved to accept the RFP from Occustar, Inc. for Firefighters physicals; cost for Interior exam is $75.00 per firefighter; cost for Exterior exam is $65.00 per firefighter. Seconded by Trustee Sheer and carried. Trustee Biggs moved to recess the meeting at 8:40 pm until Monday, January 24, 2011 at 5:00 pm, at which time the Village Board will go into execution session to review resumes for the position of Village Administrator. Seconded by Trustee West and carried. RE-CONVENE RECESSED MEETING JANUARY 24, 2011 5:00 PM Present: Also Present: Mayor Allan Kasprzak Trustees Randy West, Libby Weberg, Ernest Scheer, Pete Mercurio, Kevin Biggs Trustee Shea excused Joyce M. Jezewski, Village Clerk Treasurer Kimberly D. Reichert, Village Consultant Trustee West moved to open the meeting at 5:08 pm. Seconded by Trustee Biggs and carried. Trustee Weberg moved to enter into executive session to discuss the applicants that have applied for the Village Administrator position. Seconded by Trustee West and carried. Trustee Weberg moved to close the executive session at 6:45 pm. Seconded by Trustee Biggs and carried. Trustee West moved to re-open the meeting. Seconded by Trustee Biggs and carried. Mayor Kasprzak commented that the contract has been received by the Village from New York State s Chris Grant that relates to the LGE dissolution study. The parameter of the project has been changed by NYS, thus he suggests that this item be added to the February 7, 2011 work session agenda for further discussion by the Village Board. Trustee West moved to adjourn the meeting at 6:50 pm. Seconded by Trustee Biggs and carried. Respectfully submitted, Joyce M. Jezewski, CMC Village Clerk Treasurer 8