VILLAGE OF EAST AURORA BOARD OF TRUSTEES

VILLAGE OF EAST AURORA BOARD OF TRUSTEES A REGULAR MEETING OF THE VILLAGE OF EAST AURORA BOARD OF TRUSTEES WAS HELD MONDAY, MAY 15, 2000 AT 8:00 P.M. IN THE BOARD ROOM AT THE EAST AURORA VILLAGE HALL Present: Mayor John V. Pagliaccio Trustee Lowell Dewey Trustee David DiPietro Trustee Sara Foster Trustee Patrick McDonnell Trustee Don Nieman Trustee Christine Peters Also Present: Village Administrator/Clerk-Treasurer Patrick Richey Village Attorney Tom Andruschat Code Enforcement Officer/Planner W. Ross Harbison DPW Superintendent Robert Urban Representatives of the Media Approx. twenty-five members of the public Mayor Pagliaccio called the meeting to order at 8:00 P.M. and asked everyone to stand and pledge allegiance to the flag. Trustee Christine Peters moved approval of the minutes of the May 1, 2000 Board Meeting as printed and presented. Trustee David DiPietro seconded the motion. Upon voting, the motion carried unanimously. Trustee Christine Peters stated that she and other Board Members had reviewed vouchers numbered 27817 through 27897 for FY1999-2000 as printed and presented and moved that they be approved. Seconded by Trustee Donald Nieman. Upon voting the results were as follows: PUBLIC HEARING Mayor Pagliaccio opened a public hearing at 8:02 PM for the purpose of receiving public comment on a proposed local law permitting sewer credit for pool use. The public hearing notice was read and the Mayor invited comment from the public. 1

Many local residents spoke in regards to unfairness of limiting only sewer credits for pools and not allowing sewer credits for other uses such as landscaping and gardening. Rosemary Trautman, 760 Chestnut Hill, Irene Schaefer, of 205 Blake Hill and Gregg Gonzalez from 89 Knox Road, stated that they thought it unfair to limit sewer credits to only those with pools when beautification was an issue for some as well as recreation for others. Wendy Mix, of 38 Woodside Ave. felt that there was poor knowledge of the Public Hearing, adding that it was not covered in the paper and residents were not informed completely about all aspects of the sewer credits. Mike Van Tuyl, 170 Pratt Street, Sue Fries of 7 Ravine Court, John Lincoln, from 265 Elmwood Avenue, John Van Tuyl, of 505 North Street and Ken McCready, 1 Ravine Court all stated they had purchased the second meter for $100.00, paid plumbing costs for installation and now were facing the possibility that they were not going to be able to continue usage of that second meter. There being no further public comment, the Mayor closed the public portion of the meeting at 8:20 P.M. and turned the matter over to the Board. The Mayor opened the discussion stating that there are approximately 2,250 water customers in the Village with approximately fifty-seven residents with a second meter. He noted the practice had begun in the late 1980s after the Village started utilizing water usage as the basis for charging sewer rents in 1985. He stated that if all residents were to take advantage of purchasing second meters, the Village would have double the number of current residential meters and increased difficulty with maintaining them. The Mayor asked Superintendent of Public Works, Robert Urban how often meters should be changed to maintain correct calibration. Mr. Urban s reply to that question was approximately every ten years. The Mayor thought this would require too much in tax dollars and manpower to maintain the amount of meters. He also stated there would be continuing questions of accountability and a question of equity. The Mayor felt that perhaps doing away completely with any credits would be the fairest option with the Village paying a one-time $150.00 credit to all customers with a second meter to offset the costs of plumbing and purchasing of a second meter. stated that he felt there should either be second meters available for everyone or no credit given at all. He thought it impractical to put in a second meter for everyone. He noted the Village charged for sewer usage based on water consumption and that is the way it should be. argued that perhaps if the cost of the second meter were raised to $300.00 or $400.00 plus additional plumbing costs for installation, many residents would think twice about purchasing a second meter. stated there should be the same cost for everyone but that there had to be a fair way of calculating outside water usage and providing a sewer credit for that usage. agreed these were tough issues and there was an equity issue involved. She said there was no easy answer such as giving everyone a second meter. She wished there was an easy answer but there was none. There were further comments from the public with several people reiterating earlier comments. Mike Van Tuyl said his extensive outside watering led to a cleaner and lusher Village. stated that if the credit were taken away, then the burden would be placed on everyone else. Mayor Pagliaccio offered a motion approving the local law with 0 cubic feet water usage being given a sewer credit and a $150 credit to people with second meters to offset their costs. The motion died for lack of a second. 2

offered a motion to table the proposed local law. Seconded by Trustee Sara Foster and passed unanimously. SPEAKERS AND COMMUNICATIONS Mayor Pagliaccio asked if there was anyone present who wished to address the Board of Trustees on any matter either on or not on the agenda. Gregg Gonzalez of 89 Knox Road, asked if there was still a freeze on reading of meters for pool fillings. He had called the Village Hall and requested someone to come out to read meter as in previous years, and was told to take the reading himself until after the issue of sewer credits was settled. The Trustees all agreed pool readings should be handled as they had been until the current issues in the proposed local law were resolved. STAFF REPORTS Code Enforcement Officer/Planner W. Ross Harbison read aloud his report of 12 building permits issued in the month of April, bringing the total of permits issued for the year to 33. Administrator Patrick Richey presented his report concerning his recent attendance at the New York State City/County Management Association Conference. He also reported he had been elected president of that association at that conference. DPW Superintendent Robert Urban presented his report for the month of April. asked Superintendent, Robert Urban about why residents were not getting their yard waste picked up on Mondays when scheduled pick-up should be. The reply from Superintendent Urban was that many factors entered into it including the lack of manpower, amount of yard waste for pick-up and also weather conditions. also asked Mr. Urban what his input into the proposed local law for pool sewer credits had been. Mr. Urban replied that he had furnished technical information and also had written a memo to Mr. Richey concerning the increasing demand for second meters and the lack of a clear policy on how to treat requests for second meters from both residents and businesses. That memo had also mentioned the need for a policy on back-flow prevention devices that should be installed where second meters were being used for in-ground sprinkler systems. There followed further discussion among Board members on the issue of second meters and sewer use credits for pool use and outside watering. OFFICIAL CONSIDERATIONS questioned the status on the little loop building at the park. Mr. Richey responded that Little Loop had recently submitted a letter to the Village asking the Village to take over responsibility for designing and constructing the project. He indicated the Board should discuss this matter at their next work session. RESOLUTIONS AND MOTIONS 3

Trustee David DiPietro offered the following resolution and moved its adoption: RESOLUTION NO. 00.5.15.1 DATED: May 15, 2000 WHEREAS certain budgetary appropriations for the 1999-2000 fiscal year have been inadequate for necessary expenses of the Village of East Aurora, and WHEREAS the Village Administrator/Clerk-Treasurer has proposed certain intrafund budgetary transfers to authorize adequate appropriations for individual budget account lines, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of East Aurora amend the fiscal year 1999-2000 annual budget for the Village of East Aurora to incorporate the intrafund transfers listed herewith and made a part hereof. Seconded by Trustee Sara Foster. Upon voting, the results were as follows: Motion Carried Trustee David DiPietro offered the following resolution and moved its adoption: RESOLUTION NO. 00.5.15.2 DATED: May 15, 2000 WHEREAS certain budgetary appropriations for the 1999-2000 fiscal year have been inadequate for necessary and unanticipated expenses of the Village of East Aurora, and WHEREAS many of these expenses are being covered by grant funding and insurance settlements, and WHEREAS the Village Administrator/Clerk/Treasurer has proposed certain budgetary amendments to authorize adequate appropriations for individual budget account lines, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of East Aurora amends the fiscal year 1999-2000 annual budget for the Village of East Aurora to incorporate the amendments listed herewith and made a part hereof. FROM A2770 Miscellaneous A4390 Motor Vehicle Theft Prevention Grant TO A3120.480 $3,976.94 from US Justice Department Grant For Bulletproof Vests A3120.230 $2,800.00 to pay For gas monitor 4

A4390 Motor Vehicle Theft Prevention Grant A2680 Insurance Recoveries A3120.230 $2,236.00 to pay For laptop computer A3120.460 $1,027.32 to pay For damage to police car Seconded by Trustee Sara Foster. Upon voting, the results were as follows. Motion Carried Trustee Don Nieman offered the following resolution and moved its adoption: RESOLUTION NO. 00.5.15.3 DATED: May 15, 2000 That the Mayor be, and is hereby authorized to enter into a contract on behalf of the Village with Robert McGregor for flower basket maintenance and certain other landscaping items as detailed in his contract or required from time to time. Seconded by Trustee David DiPietro. Upon voting, the results were as follows. Motion Carried UNIFINISHED BUSINESS The Mayor noted the Board was still awaiting an FEIS from the Aurora Colony-Herman Group LLC on the proposed rezoning and development plan for Girard Avenue. NEW BUSINESS Trustee Sara Foster offered a motion referring to the Planning Commission a proposal by Burger King Restaurant for alterations to their existing building. Trustee peters seconded the motion and stated she would like to see more specifics from the Burger King company. Upon voting the results were as follows: 5

Trustee Dave DiPietro offered a motion referring to the Planning Commission a proposed amendment to a development plan at 142 Grey Street permitting addition of a walk-in cooler behind the building. Seconded by Trustee Pat McDonnell. Upon voting the results were as follows: Trustee Dave DiPietro offered a motion to set a public hearing for June 12, 2000 for Proposed Amendment of Outdoor Dining Permit at Bar Bill Restaurant. Seconded by Trustee Christine Peters. Upon voting the results were as follows: Trustee David DiPietro offered a motion referring to the Planning Commission a proposed amendment to a development plan for LSI on Commerce Way. Trustee Patrick McDonnell seconded the motion. Upon voting the results were as follows: 6

Trustee Donald Nieman offered a motion approving a request for a Special Permit submitted by Baker Memorial Church for Strawberry Festival to be held on June 24, 2000. Seconded by Trustee Sara Foster. Upon voting the results were as follows. Trustee David DiPietro offered a motion approving requests for use of Village facilities submitted by the Greater East Aurora Chamber of Commerce for their annual Sidewalk Sale July 29, 2000, by the Roycrofters at Large Association and the East Aurora Art Society for the RALA Festival and East Aurora Art Society Festival to be held on June 24-25, 2000 and Aurora Arsenals organization for soccer at Hamlin Park Sundays, May August, 2000. Seconded by Trustee Sara Foster. Upon voting the results were as follows: There being no further business Trustee Don Nieman offered the following motion: That the May 15, 2000 regular meeting of the Village of East Aurora Board of Trustees be recessed until 7:00 PM on May 24, 2000. Seconded by Trustee Christine Peters. Upon voting the results were as follows: Meeting recessed at 10:40 P.M. 7

At 7:00 PM on May 24, 2000, Mayor Pagliaccio called the recessed meeting to order. Attendance was taken with all Board members being in attendance and the same staff members present with approximately 10 members of the public. The Mayor explains the purpose of the meeting that is to consider a proposed local law granting sewer credit for the filling of swimming pools. Trustee Christine Peters moved to remove the proposed local law from the table. The motion was seconded by Trustee Sara Foster and passed unanimously. Discussion followed. Trustee Don Nieman offered the following resolution and moved its adoption: RESOLUTION NO.: 00.5.15.4 DATED: May 24, 2000 That Proposed Local Law #4-2000 amending Chapter 75 of the Code of the Village of East Aurora, New York, entitled SEWERS to permit a sewer rent credit for the filling of swimming pools be adopted with no sewer rent credit being given for swimming pool filling. Seconded by Trustee Christine Peters. Discussion followed with stating it was his belief that if you were to strip away fifteen years of practice and start at day one, Board members would be incredulous about the ability to administer this type of credit fairly and effectively. He said he thinks that if a credit is given, everyone should have a second meter and this would increase the sewer rates in general. Trustee Pat McDonnell asked how you would address the fact that not all of the water used by anyone goes into the sewer. likened that instance to a little old lady who does not use a paved street as much as someone else but still pays for that street s maintenance. stated he thinks everyone who applies should have a meter. stated that the more credits one gives, the more costly sewer use is for everyone else. Trustee McDonnell suggested there should be a way of figuring this out. also pointed out there are several people getting credits with no second meter in place. said it would be difficult to compensate people who had landscaped their yard on the basis of getting a second meter for outside water usage and we should not penalize people. stated he felt his proposal was best for the overall well being of the Village. said she was concerned about the issue of equity. She said that there are other services that people do not utilize the same as other residents. She said we all don t use these services in the same way. She also felt that having a second meter did not promote water conservation. stated the Village could justify leaving second meters in place by stating these people played by the rules when they received the second meter. Trustee Sara Foster disagreed stating that the second meter option was not widely known and that the information about them was often passed neighbor to neighbor. 8

stated he did not like the idea of taking away something once it had been given. But he also said he was struck by the equity issue. He said the Village should leave the opportunity for a person to get a second meter, determine the cost of billing for that second meter, hire a plumber to install the meters for the Village and restrict their availability to only residential customers. He would only allow a pool reading once in the lifetime of that pool without there being a second meter, thereby driving that person to get a second meter. stated he had a comment on both sides of the fence on this issue. He suggested that since there were not a lot of second meters that they should be allowed until and when sewer rates were to decrease. Then he would advocate eliminating them. stated she had been back and forth with a lot of different options and believed it was difficult to take something away. She suggested the Village codify what is in place now. Mayor Pagliaccio read the following prepared statement: In June of 1986, following a mandated reconstruction of our waste water treatment plant at a cost of $10 million, the Village board established a sewer rent based on the total water use. It was also established that sewer rent be included with the water billing as a separate charge for sewer rent. It was recognized and acknowledged that although all water does not return to the sanitary sewer, it was an equitable way to assess the sewer rent. One can liken it to the apportionment of other services provided which are paid for advolorium based on assessed valuation. We have several properties, both residential and business that are not provided with garbage and trash pick up. We do not plow 100% of our sidewalks. There is a significant variation in the amount of trash and garbage generated by different households. The same holds true for the use of police, emergency, and fire services by different households. When we repair or reconstruct a street one could say that only the people that live on that street should bear the cost, instead of an advolorium assessment. The same applies to replacement of sewer and water lines. The assessment of such costs in not perfect but considered to be reasonable. In 1986 the establishment of a sewer rent credit was for water used for pools. Over the past several years it has expanded to include home maintenance activities such as watering lawns and gardens, washing vehicles, etc. And now businesses are looking for ways to obtain sewer rent credit. While it is recognized that all water does not return to the sewer, it is apparent we should discontinue sewer rent credits and the use of a second meter. The manner and extent to which one wishes to provide for recreation and/or maintain property varies significantly as to preference and affordability. The use of a second meter begs the question of accountability, conservation of water and equity. My basic principle is that I will do my homework, study the issues, listen and take into account public input and then make a decision which is in the best overall interest of the community. I don t make decisions because they are easy, or because they are cheap, or because they are popular or because some neighbors won t like it (in this case less than 1% of our customer base) or because it is politically expedient. Nor would I suggest to sweep it under the rug. I make a decision because it is the right thing to do. 9

stated she had thought several of the same things over the past week and she also believed the equity issue is important. But, she said, two wrongs do not make a right. Mayor Pagliaccio agreed that the current proposal was not perfect, but neither was the past practice and he was simply doing the best he could. stated every one of s suggestions would cost the Village money and trustee Dewey replied that some services are worth the extra money because people are willing to pay for those services. also stated that the current practice should be continued under certain conditions and perhaps allow people only one chance to get a second meter. argued that this type of program would still require administration and cost money. suggested that second meters be limited to only residents while Mayor Pagliaccio said that was not equitable either and a discouragement to businesses. asked to call the question. Upon voting the results were as follows: NAY NAY NAY NAY Motion failed. A majority of the Village Board members then stated they would propose an alternative local law. In the meantime, the staff should continue doing what had been done in the past and allow pool readings and the issuance of second meters to only residential customers. Mr. Andruschat noted that continuation of the past practice still lacked adherence to existing Village code. However, several Board members stated they would shortly propose alternatives to the proposed local law defeated during this meeting. There being no further business Trustee Sara Foster offered the following motion: That the May 15, 2000 meeting of the Village Board of Trustees be adjourned. Seconded by Trustee Dave DiPietro. Upon voting the results were as follows: Meeting adjourned at 7:45 PM. 10

Respectfully submitted, Deputy Clerk Susanne M. Wolff Village Administrator Patrick E. Richey 11