VILLAGE OF EAST AURORA BOARD OF TRUSTEES A REGULAR MEETING OF THE VILLAGE OF EAST AURORA BOARD OF TRUSTEES WAS HELD MONDAY, JULY 6, 1998 AT 8:00 PM IN THE BOARD ROOM AT EAST AURORA VILLAGE HALL. Present: Mayor John Pagliaccio Trustee Lowell Dewey Trustee Barbara Lamond Trustee Ellen Moomaw Trustee Christine Peters Trustee Randy Taylor Trustee Robert D. Young, Jr. Also Present: Village Administrator/Clerk-Treasurer Patrick Richey Village Attorney Tom Andruschat Representatives of the media Approximately ten members of the public Mayor Pagliaccio called the meeting to order at 8:00 PM and asked everyone to stand and pledge allegiance to the flag. Trustee Barbara Lamond moved approval of the minutes of the June 15, 1998 regular Board of Trustees meeting as printed and presented. seconded the motion. Upon voting, the motion carried unanimously. Trustee Christine Peters stated she and the other Board members had reviewed vouchers numbered 24041 through 24157 for fiscal year 1998-1999 and offered the following motion: That the Village Board of the Village of East Aurora accept and order paid Voucher numbers 24041 through 24157 for FY 1998-1999 as printed and presented. Seconded by. Upon voting, the results were as follows: PUBLIC HEARINGS 1
The Mayor called a public hearing to order at 8:06 PM upon the request of Parkside Candy for a Special Use Permit permitting the operation of a restaurant on premises located at 123 Grey Street. The Mayor first invited the petitioner to present his plans and explain his request. Ron Buffamonte for the petitioner stated that the existing Parkside Candy location sells ice cream now and would like to put in four booths inside for customer seating. He explained that there was a particular need during the summer months. There being no further public comment, the Mayor closed the public hearing at 8:09 PM and referred the matter to the entire Board. He also noted communications from the Planning Commission and Safety Committee stating no objections to the request. Trustee Barbara Lamond offered the following resolution: RESOLUTION NO.: 98.7.6.1 DATED: July 6, 1998 FINDINGS OF FACT RE ISSUANCE OF SPECIAL USE PERMIT RE GREY ST., EAST AURORA, NY 1. That the premises in question are located in a zone which permits full-service restaurants. 2. That a Public Hearing was held on the approval of a Special Use Permit as required by statute. 3. That notice of such Public Hearing was published and personally served as required by statute. 4. That the matter herein was referred to the Planning Commission of the Village of East Aurora, New York, and the Planning Commission recommended the issuance of such Special Use Permit. 5. That fire control will not be adversely affected by the issuance of a Special Use Permit for the premises. 6. That the flow of traffic and pedestrian and/or vehicular safety shall not be adversely affected by the issuance of a Special Use Permit. 7. That the issuance of a Special Use Permit will cause no problems in the area of snow removal. 8. That the issuance of a Special Use Permit should not result in any increase in noise levels, visual pollution and/or sanitation problems. 9. That the issuance of a Special Use Permit shall not change the general nature of the neighborhood in that the surrounding neighborhood is commercial in nature. 10. That this Board has considered the factors under the State Environmental Quality Review Act and finds that the issuance of the Special Use Permit herein shall have no significant effect on the environment. Seconded by Trustee Ellen Moomaw. Upon voting the results were as follows: 2
Trustee Robert Young offered the following resolution: RESOLUTION NO.: 98.7.6.2 DATED: July 6, 1998 SPECIAL USE PERMIT ISSUED TO: BY: PARKSIDE CANDY VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF EAST AURORA, NEW YORK Pursuant to Section 93-42 of the Code of the Village of East Aurora, New York, the Village Board of Trustees of the Village of East Aurora, New York, does hereby issue this Special Use Permit to PARKSIDE CANDY, permitting the use of premises located in the Aurora Shopping Plaza, Grey Street, East Aurora, New York, for a restaurant. This Special Use Permit shall allow on-premises eating accommodations and take-out service. This Special Use Permit is based upon certain findings made by this Village Board, which findings are part of the record. This Special Use Permit is subject to the permittee complying with any and all state, county and local laws, including, but not limited to, laws and regulations of the Erie County Health Department, laws and regulations of the Village of East Aurora, New York, and compliance with any and all provisions of the New York State Building & Fire Prevention Code. DATED: East Aurora, New York July 6, 1998 VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF EAST AURORA, NEW YORK BY: JOHN V. PAGLIACCIO, MAYOR Seconded by Trustee Christine Peters. Upon voting the results were as follows: 3
SPEAKERS AND COMMUNICATIONS The Mayor noted a letter received from Adelphia Cable regarding changes to the cable system s programming lineup to include the Disney Channel effective August 1, 1998 and also including changes in subscriber rates. The Mayor noted that six pieces of correspondence had been received by Board members regarding the proposed changes to the TOPS Supermarket. The Mayor noted a letter received from several residents of east Main Street expressing concern about any potential changes to East main Street including potential zoning changes. The Mayor also noted that this year s recipient of the Youth Leadership Award is patrol officer Dave Librock. The Mayor pointed out that three of the seven recipients of this award have been police officers. He announced the award would be presented at National Night Out, August 4, 1998. The Mayor invited comment from the public on any matter either on or not on the agenda. Peter Pitigoff of 824 east Main Street stated he wished to explain the letter written by several East Main Street residents. Their intention, he said, was to start a dialogue and include the Mayor and Board. The residents who signed the letter want to retain the present character of east Main Street and prevent rezoning of any more parcels. Philip Dvoretsky of 861 main Street stated he wished to second what had been said by Mr. Pitigoff. He said there should be a balance between business and residents and that it was difficult to see property change hands particularly when a business bought a residential property. He concluded by stating it was important to have kids and businesses in the neighborhood but that he did not wish to see businesses buy up property. Mary Flickinger of 211 Porterville Road saying she is with the East Aurora Garden Club, asked about the possibility that the bushes around the traffic circle would be taken down. She said that with the shrubbery there, it slowed people down and helped rid the area of green space. and Mr. Richey both said that the Village s intention was to remove the bushes since the beautification committee had expressed a willingness to replace the shrubs with lower individual bushes. Mayor Pagliaccio and also noted safety concerns of pedestrians at the circle with the Mayor stating Department of Transportation guidelines mandated lower bushes. Mrs. Gloria Elmer of 789 East Fillmore expressed concern about the zoning, character and condition of East Main Street properties on East Fillmore Avenue. She said it was a very neighborly community and was sure Oakwood Avenue residents felt much the same 4
way. She stated that she did not feel that Mr. Delia deserved special status because he was a substantial taxpayer in the Village. Mrs. Elmer specifically expressed concern about the vacant residence just east of the Wood Funeral Home. She said she had spoken to the owners, who now live out of Town, as to why they could not sell the property and was told a primary reason was lack of a barrier or fence between their property and the Wood property. Mr. Richey said it was his understanding that a variance for the parking lot was granted to Mr. Wood and, at the time the variance was granted, the easterly neighbor, Mr. Viger, asked that a barrier fence not be erected so as to not obstruct his view. Mrs. Elmer said she had been told that was not the case by Mr. Viger and Mr. Richey promised to check the records of the appropriate hearings. Lynda Nellis of 793 Main Street told the Board that she hoped they would never consider additional parking lots on East Main Street. Martha Collins of 898 East Main Street stated she feels the street is important to the Village and urged the Board to help prevent the spread of business along East Main Street. There were no additional speakers. STAFF, COMMITTEE AND BOARD REPORTS Administration and Finance: Mayor Pagliaccio reported no new developments. Economic Development: reminded those present of the great number of summer events planned for the community this year including Racing Day weekend on July 24-25 with the sulky races on July 25 being dedicated to Preston Smith. Cultural Services: reported that a new Journey to Japan exhibit at the Explore and More Museum would be opening on July 14. Public Safety: Mayor Pagliaccio reported no new developments. Public Works: There were no new developments reported. Code Enforcement: reported no new developments. 5
Mr. Richey reported on his attendance at an Environmental Finance Center forum sponsored by the US Environmental Protection Agency held at Syracuse University. He reported there were several sessions devoted to water and wastewater finance with several direct applications and potential benefits to the Village. RESOLUTIONS AND MOTIONS Mayor Pagliaccio explained that the Village wished to apply for funding from the New York State Division of Criminal Justice Services to combat auto theft and insurance fraud in the community. Trustee Barbara Lamond offered the following resolution: RESOLUTION NO. 98.7.6.3 DATED: July 6, 1998 Whereas the Village of East Aurora desires to apply for and accept funding under the New York State Division of Criminal Justice Services Motor Vehicle Theft and Insurance Fraud Prevention Program, and Whereas the Village desires to submit an application for funding in the amount of $17,740, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of East Aurora does hereby authorize the Mayor of the Village to make application for and enter into a contract with New York State for funding under the New York State Motor Vehicle Theft and Insurance Fraud Demonstration Program. Seconded by Trustee Randy Taylor. Upon voting the results were as follows: Trustee Christine Peters offered the following resolution and moved its adoption: RESOLUTION NO.: 98.7.6.4 DATED: July 6, 1998 WHEREAS the Village of East Aurora has adopted a Capital Improvement budget for 1997-1998, and, 6
WHEREAS said Capital Budget authorizes the reconstruction of the area known as the Quality Market parking lot, and WHEREAS the reconstruction of the Quality Market parking lot is subject to competitive bidding, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of East Aurora authorize the advertisement of bids for a reconstruction of the Quality Market parking lot. Seconded by Trustee Ellen Moomaw. Upon voting the results were as follows: Mayor Pagliaccio had noted that the parking lot is privately owned and that the Village had a long and successful history of working with private landowners to create and maintain public parking lots behind Main Street businesses. He noted that the only publicly owned lot is located behind the theater on Main Street. Trustee Lowell Dewey offered the following resolution and moved its adoption: RESOLUTION NO.: 98.7.6.5 DATED: July 6, 1998 WHEREAS the Village of East Aurora has adopted a Capital Improvement budget for 1998-1999, and, WHEREAS said Capital Budget authorizes the purchase of concrete repair and oxygen diffuser replacement at the Wastewater Treatment Plant, and WHEREAS the purchase of concrete repair and oxygen diffuser replacement at the Wastewater Treatment Plant is subject to competitive bidding, and WHEREAS, the purchase of concrete repair and oxygen diffuser replacement has been bid and five qualified bids were received, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of East Aurora award the bid for the purchase of concrete repair and oxygen diffuser replacement at the Wastewater Treatment Plant to Amherst Construction in the amount of $45,879.00 7
and authorize the Mayor to execute a contract with Amherst Construction for this work in the bid amount. Seconded by Trustee Randy Taylor. Upon voting the results were as follows: Trustee Barbara Lamond offered the following resolution and moved its adoption so that the lease agreement between the Village and the several property owners involved in the Quality Market parking lot could be extended five years until 2010: RESOLUTION NO.: 98.7.6.6 DATE: July 6, 1998 WHEREAS the Village entered into a lease for the area known as the Quality Market Parking lot on February 28, 1985, and WHEREAS this lease is due to expire on January 31, 2005, and, WHEREAS the Village desires to reconstruct the parking lot and would like to extend the term of the lease in order to protect the Village s interest in the planned infrastructure improvements, NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of East Aurora does hereby authorize the Mayor to sign an extension of the lease agreement as printed and presented for the Quality Market Parking Lot for a term set to expire on January 31, 2010. Seconded by Trustee Christine Peters. Upon voting, the results were as follows: 8
A proposed resolution awarding an engineering design contract for the reconstruction of Warren Drive was held in abeyance. UNFINISHED BUSINESS The Mayor stated there were no new developments regarding the proposed rezoning application submitted by Benderson Development Corporation. NEW BUSINESS Trustee Barbara Lamond offered a motion approving applications for special event permits and request for use of Village facilities submitted by the Wesleyan Church for Church in the Park set for August, 1998 and the Racing Day Brunch set for July 25, 1998. Seconded by Trustee Ellen Moomaw. Upon voting the results were as follows: Trustee Barbara Lamond offered a motion approving a request for use of Village facilities submitted for the Sulky Races and Carriage Drive Parade set for July 24-25, 1998. Seconded by Trustee Ellen Moomaw. Upon voting the results were as follows: Trustee Ellen Moomaw offered a motion setting a public hearing on the Veterans Alternative Minimum Tax Exemption for August 3, 1998 at 8:00 PM. Seconded by Trustee Robert Young. Upon voting the results were as follows: 9
There being no further business Trustee Barbara Lamond offered the following motion: That the July 6, 1998 meeting of the Village Board of Trustees be adjourned. Seconded by Trustee Ellen Moomaw. Upon voting the results were as follows: Meeting adjourned at 8:55 PM. Respectfully submitted, Patrick E. Richey Village Administrator Clerk-Treasurer 10