May 7, 2012



Monday, May 7, 2012 @ 7:00 pm

Present: Mayor Allan Kasprzak

Trustees Patrick Shea, Randolph West, Ernest Scheer, Elizabeth Weberg, Peter Mercurio, Kevin Biggs

Also Present:

Bryan R. Gazda, Village Administrator Joyce M. Jezewski, Village Clerk Treasurer Ron Krowka, Police Chief

Matt Hoeh, DPW Superintendent Bill Kramer, Building Inspector

Robert Pierce, Attorney for the Village

Roger LeBlanc, Craig Thrasher, East Aurora Fire Department Stacy Oak, Planning Commission

Sandy Chelnov, Joan Herold, League of Women Voters Mary Durlak, Cazenovia Creek Sanctuary Committee Bud Babcock, Planning Commission

Tom Bender, East Aurora Fire Department

EA Advertiser Julie Hadley, EA Bee Paul Olczak

Mayor Kasprzak called the work session to order at 7:00 pm. 1. Cazenovia Creek Sanctuary Update – Mary Durlak

ACTION: AGENDA NEXT MEETING – Mary Durlak, Spokesperson for the Cazenovia Creek Nature Sanctuary filed a

report with the Village Board (in file). She indicated that the Sanctuary has been officially opened for two weeks now and also expressed her thanks to Village Administrator Bryan Gazda and Department of Public Works Superintendent Matt Hoeh for getting the signage up so quickly and before the grand opening on April 22, 2012. She particularly noted:

Funding is being requested for a professional landscaping plan for the upper section

Material (logs, platforms) for creating a return loop of the trail, part of which will go through wetland Committee is currently working on recommendations and rules

Looking to installs a bench for overlook area, along with a bike rack Fencing to protect new plantings from deer

Fencing to keep vehicles from driving on property

There is a committee meeting next week whereby members will decide on immediate need for the 2011-2012 current budget and subsequently report back to the village board on May 21, 2012.

Ed Fuchs, president of the Niagara Frontier Botanical Society was recently appointed to the sanctuary committee and assumed the role of the committee’s botanist. Thus far he has identified about 160 plants species. Mary indicated other future plans include interpretative signage identifying the various plant species, etc.

Trustee Shea expressed his thanks to the committee and indicated he is quite impressed with the work done thus far.

Trustee Mercurio inquired as to the plans for parking. Village Administrator Bryan Gazda indicated that village will need to review the handicap parking requirements pursuant to the ADA (Americans with Disabilities Act).

2. Climate Smart Communities

ACTION: OTHER - Sandy Chelnov, on behalf of the League of Women Voters, gave a 15 minute PowerPoint presentation on the benefits of being a Climate Smart Community. Trustee Weberg indicated that the village is already off to a good start with the use of a hybrid car, solar panels being installed at the Department of Public Works through a NYSERDA grant and having adopted the 2007 local law for Green Building Standards (Leadership in Energy and Environmental Design “LEED” Standards).

In an effort to further comply as a Climate Smart Community, the following resolution was adopted:


Trustee Weberg offered the following resolution and moved for its adoption:

WHEREAS, the Village of East Aurora (hereinafter "local government") believes that climate change poses a real and increasing threat to our local and global environments which is primarily due to the burning of fossil fuels; and

WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and

WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and

WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and

WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come,

IT IS HEREBY RESOLVED that the Village of East Aurora in order to reduce greenhouse gas emissions and adapt to a changing climate will

  1. Pledge to Combat Climate Change by Becoming a Climate Smart Community

Set goals to reduce GHG emissions and adapt to predicted climatic changes. Establish a task force of local officials and community members to review the issues and propose a plan of action. Designate a point person who will oversee climate change initiatives and publicly report on progress. Work cooperatively with similar task forces in neighboring communities to ensure that efforts complement and reinforce one another. As an official signal of commitment and for access to technical

resources, sign on to a widespread climate campaign such as ICLEI Local Governments for Sustainability - Climate Protection campaign.

  1. Set Goals, Inventory Emissions, Move to Action

Gather data, inventory GHG gas emissions, and establish baselines for local government operations and community sectors. Develop quantifiable interim GHG emission targets consistent with emission reduction goals and propose a schedule and financing strategy to meet them. Encourage stakeholder and public input and develop an action plan. Report emissions to The Climate Registry (TCR), which has developed a standardized method for reporting emissions inventories; use ICLEI and TCR's tools to track and evaluate progress.

  1. Decrease Energy Demand for Local Government Operations

Adopt a goal of reducing electricity use by 15 percent from projected levels no later than 2015.

Existing Public Facilities

Inventory current building electricity usage and identify opportunities for conservation and efficiency retrofits. Obtain energy assessments from the New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority, the Long Island Power Authority or other professionals. Consider actions such as purchasing energy efficient equipment and appliances, such as ENERGY STAR®; improving lighting, heating, and cooling efficiency; setting thermostats for maximum energy conservation; decreasing plug load from office equipment; and increasing pump efficiency in water and wastewater systems.

New Public Buildings

Achieve at least minimum U.S. Green Building Council Leadership in Energy and Environmental Design standards (LEED Silver) for all new local government buildings.


Incorporate energy efficient technologies and operations and maintenance practices into municipal street lighting, traffic signals, and water and wastewater treatment facilities.

Vehicle Fleet and Commuting

Improve the average fuel efficiency of local government fleet vehicles. Discourage vehicle idling and encourage bicycling, car-pooling and public transit for employees. Consider reducing the number of vehicles; converting fleet vehicles to sustainable alternative fuels; and using electric vehicles where possible.

  1. Encourage Renewable Energy for Local Government Operations

Supply as much of the local government's power, heat and hot water needs as possible from solar, wind, and small hydro through purchase or direct generation.

  1. Realize Benefits of Recycling and Other Climate Smart Solid Waste Management Practices

Expand the "reduce, reuse and recycle" approach to waste management in local government operations and in the whole community. Reduce the amount of solid waste generated -- promote backyard composting, implement volume-based pricing and educate residents on how to prevent waste. Promote reuse by organizing community-wide yard sales, and providing a space for drop-off or trade of reusable goods. Provide recycling receptacles in local government buildings and outdoor

spaces, require duplex printing in government offices, compost food scraps and green waste, and adopt a comprehensive green purchasing program.

  1. Promote Climate Protection through Community Land Use Planning

Combat climate change by encouraging low-emissions development that is resilient to climatic changes. When updating land use policies, building codes or community plans, include provisions to combat climate change; reduce sprawl; preserve and protect open space, biodiversity, and water supplies; promote compact, transit-oriented, bike able and walkable communities; promote infill development; minimize new development in floodplains; maintain or establish healthy community forests; and promote best forest management practices and encourage tree planting, especially along waterways, to increase shading and to absorb carbon dioxide.

  1. Plan for Adaptation to Unavoidable Climate Change

Evaluate risks from unavoidable climate change, set adaptation goals and plan for adaptation. Identify climate change impacts (such as flooding, drought, and extreme temperatures) that could affect the community. Identify areas such as water supply and sewer infrastructure that may be at risk due to sea-level rise and future changes in climate. Factor risks into long-term investments and decision-making. Execute climate change adaptation and preparedness measures through local government planning, development and operations, giving priority to the highest risk areas.

  1. Support a Green Innovation Economy

Identify opportunities to incorporate climate protection, sustainability and environmental goods and service industries into economic development plans. Encourage workforce development training and school curricula that support the emerging green collar job sector, including renewable energy and energy efficiency, as well as climate smart solid waste management practices. Procure climate smart goods and services for local government operations and support modernizing of local and national electricity grids.

  1. Inform and Inspire the Public

Lead by example. Highlight local government commitment to reducing energy use, saving tax dollars, and adapting to changing conditions. Demonstrate the benefits of energy savings, energy efficiency, and renewable energy projects by hosting open houses; distributing fliers; holding local meetings; working with school districts, colleges, and universities to develop climate change curricula and programs; engaging faith-based communities in climate protection; and regularly communicating community climate protection goals and progress to constituents.

  1. Commit to an Evolving Process

Acknowledge that research and policy on climate protection are constantly improving and evolving. Be willing to consider new ideas and commit to update plans and policies as needed. Compare successes, cooperate and collaborate with neighboring communities to redirect less-effective actions and amplify positive results.

Seconded by Trustee Mercurio and unanimously carried.

  1. Relevy of Unpaid Water to Village Tax Bills - $24,945.12; Unpaid False Alarm Fees - $400.00

ACTION: OTHER - Motion by Trustee Weberg to relevy the unpaid village water bills in the amount of $24,945.12 and the unpaid false alarm fees in the amount of $400.00 to the 2012-2013 Village Tax bill. Seconded by Trustee Shea and unanimously carried.

Clerk Treasurer Joyce Jezewski noted that the relevy of unpaid water rents is approximately $8,000 higher this year over last year. Water shut offs were not performed the prior quarter due to concerns with antiquated water shut off valves (breaking and incurring additional repair costs), health department regulations on water shut offs to homes with elderly and children, inability to gain access to building to turn off just one delinquent tenant’s meter in an apartment complex. Trustee Shea suggested that water bills should be in the property owner/landlord name as that is who is ultimately responsible.

Administrator Bryan Gazda stated that the local law regarding water, along with a revised water rate structure is being reviewed and will be presented to the village board later in the year.

  1. Adopt Tax Warrant - $ 3,507,278.74

ACTION: OTHER - Motion by Trustee Biggs to authorize the Mayor to sign the 2012-2013 Village Tax Warrant directing the Village Clerk Treasurer to collect the amounts enumerated below:



TO: Village Clerk -Treasurer

Receiver of Taxes and Assessments

YOU ARE HEREBY COMMANDED to receive and collect from the persons named in the tax roll hereunto annexed, the sums stated in the last column opposite their respective names, being a total of $3,507,278.74 for the following purposes:

For the current budget

$ 3,475,156.00

For Relevied Water Rents

$ 24,945.12

For Special Assessments:

False Alarm Fees

$ 400.00

For Exemption Removals (520’s)

$ 6,777.62


$ 3,507,278.74

YOU ARE FURTHER COMMANDED to receive and collect such sums without additional charge between the 1st day of June and the 2nd day of July 2012. After July 1st and through August 1st a penalty of 7.5% will be charged, plus 1.5% additional penalty per month until November 1, 2012, at which time all unpaid taxes are turned over to the County of Erie for Collection.

Dated: May 7, 2012 - East Aurora, New York

Allan A. Kasprzak, Mayor

Attest: Bryan Gazda, Administrator

Seconded by Trustee Scheer and unanimously carried.

  1. Authorize Purchase of 2013 Ford Explorer – K-9 Vehicle

ACTION: OTHER – Based on the recommendation of Police Chief Ron Krowka, Trustee Shea moved to authorize the purchase of a 2013 Ford Explorer, to replace the current 2005 For Explorer as the K-9 vehicle. Said bid from lowest bidder, DeLacy Ford in the amount of $23,731.00 included the trade-in value of the 2005 Explorer and 2000 Toyota Tundra which was previously seized in an asset forfeiture case. Seconded by Trustee West and unanimously carried.

  1. Set Public Hearing for Annual Stormwater Report - May 21, 2012

ACTION: AGENDA NEXT MEETING – Motion by Trustee Shea to schedule the public hearing for the annual storm water report for Monday, May 21, 2012 at 7:00 pm. Seconded by Trustee West and unanimously carried.

  1. Set Public Hearing for East Aurora Buick Pontiac GMC Development Plan – 535 Main Street (Mid-main District) ACTION: AGENDA NEXT MEETING - Motion by Trustee Biggs to tentatively schedule the public hearing for the East Aurora Buick Pontiac GMC Development Plan for Monday, May 21, 2012 at 7:00 pm. Said public hearing conditioned upon variance approval from the Zoning Board of Appeals for a backlit and/or internally lit sign. Seconded by Trustee Weberg and unanimously carried.

  1. Set Public Hearing for Application for Three or More Dogs – May 21, 2012

ACTION: AGENDA NEXT MEETING – Motion by Trustee Shea to schedule hearing the application of Mary Zamboni, 295 Center Street for Three or More Dogs for Monday, May 21, 2012 @ 7:00 pm. Seconded by Trustee Mercurio and carried.

  1. Application for Temporary Use Permit for Backyard Bash Concert Series – Thursdays, July 12 – August 30, 2012 (rain date) from 6:30 pm – 8:30 pm; Use of Vidlers Parking Lot

ACTION: AGENDA NEXT MEETING – reviewing insurance requirements for special events in lot where lease only specifies for public parking.

  1. Application for Temporary Use Permit for Street Festival and Sidewalk Sale – Saturday, July 28, 2012 – 7 am – 5 pm ACTION: OTHER – Motion by Trustee Biggs to approve the application for a Temporary Use Permit for the Annual Street Festival and Sidewalk Sale to be held Saturday, July 28, 2012 from 7 am – 5 pm. Seconded by Trustee Mercurio and unanimously carried.

  1. Application for Temporary Use Permit for Aurora Races / East Aurora ReRun – Saturday, July 28, 2012 – 8 am – 1pm ACTION: OTHER - Motion by Trustee Biggs to approve the application for a Temporary Use Permit for the East Aurora ReRun to be held Saturday, July 28, 2012 from 8 am – 1 pm. Seconded by Trustee Mercurio and unanimously carried.

  1. Review of New Sidewalk Installation – Trustee Libby Weberg, DPW Matt Hoeh

ACTION: AGENDA NEXT MEETING – Trustee Weberg indicated that she and Planning Commission member Stacy Oar reviewed sidewalks in the village along with Department of Public Works Superintendent Matt Hoeh. Streets reviewed for new sidewalk installation included Church Street, Chestnut Hill and South Street. Costs are noted as follows:

Church Street – first section off Girard – 456 feet @ $26.00 per linear foot for a total cost of $12,000.00 Chestnut Hill – lower section, north side – 860 feet @ $26.00 per linear foot for a total cost of $22,360.00 (costs include replacement of old ($5,200) and install of new ($17,160) sidewalks)

Chestnut Hill – upper section, south side – 720 feet @ $26.00 per linear foot for a total cost of $18,720.00 (costs include replacement of old ($14,820) and install of new ($3,900) sidewalks)

South Street – South Grove to Center - 1, 275 feet @ $26.00 per linear foot for a total cost of $33,150

South Street seemed to be the priority as the most traveled and in need of sidewalks. However, there were areas where sidewalk installation may be difficult. Trustee Shea asked if there was something the Village could do to ensure that the sidewalks on South Street be more walkable during the winter months, i.e. raising sidewalks above street level to avoid the accumulation of snow and ice from plows. Fire Chief Roger LeBlanc indicated that if public safety is an issue, and it is, that South Street bears more foot traffic during the summer months because of its location to the Town Pool. It is a well traveled street. Trustee Mercurio noted that property owners should have the ability to install their own sidewalks within the time frame established by the village and be reimbursed 50% by the village. Costs may be cheaper in that property owners will not be required to utilize the prevailing wage rates required when work is done by the village. Village Administrator Bryan Gazda noted that prior to any work being scheduled, the property owners will be noticed and a public hearing will be held.

Trustee Weberg and Administrator Gazda will meet to discuss further on Tuesday, May 8, 2012 at 2 pm.

  1. Proclamation for Building Safety Month – May 2012

ACTION: OTHER – Motion by Trustee Biggs to declare May 2012 as Building Safety Month and authorize Mayor Kasprzak to sign the Proclamation:

Building Safety Month – May 2012

Whereas, our state’s continuing efforts to address the critical issues of safety, energy efficiency and sustainability in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and;

Whereas, our confidence is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, laborers and others in the construction industry––who work year-round to ensure the safe construction of buildings, and;

Whereas, these guardians—dedicated members of the International Code Council—develop and implement the highest- quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and;

Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires and earthquakes, and;

Whereas, Building Safety Month is sponsored by the International Code Council and International Code Council

Foundation, to remind the public about the critical role of our communities’ largely unknown guardians of public safety–– our local code officials––who assure us of safe, efficient and livable buildings, and;

Whereas, “Building Safety Month: An International Celebration of Safe and Sensible Structures” the theme for Building Safety Month 2012, encourages all Americans to raise awareness of the importance of building safety; green and sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry. Building Safety Month 2012, encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and,

Whereas, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property.

NOW, THEREFORE, I, Allan A. Kasprzak, Mayor of the Village of East Aurora, do hereby proclaim the month of May 2012, as Building Safety Month. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities.

Seconded by Trustee Mercurio and carried with Trustee West voting NAY.

Mayor Kasprzak asked that Craig Thrasher give an overview of the process with regard to the selection of Bergmann Associates as the consultant for the new central fire station. Mr. Thrasher indicated that the initial process began in 2004- 2005 when a 30 page Needs Analysis document was developed by the Fontanese firm at a cost of $2500.00. That document did not meet the requirements or needs of the East Aurora Fire Department. In 2010, Mr. Thrasher contacted several architectural firms requesting an informal Request for Proposal (RFP) for Architectural and Engineering services relative to the new central fire station. Mr. Thrasher distributed to the Village Board the Selection Matrix that indicated how each of the six firms that responded, rated overall, and indicating why Bergmann was recommended (attached to minutes). He noted in particular that intangibles such as quality of work, responsiveness and overall comfort with Bergmann were considered as well.  This information was also provided to the Village Board at their September 7, 2010 work session.

Subsequently, at the September 27, 2010 Village Board meeting, the Village Board voted to accept the recommendation of the East Aurora Fire Department committee and entered into a contract with Bergmann Associates.

Motion by Trustee Mercurio to enter into executive session at 8:55 pm to discuss a contractual matter relative to the new central fire station. Seconded by Trustee Biggs and unanimously carried.

Motion by Trustee Biggs to close the executive session at 10:05 pm. Seconded by Trustee Shea and unanimously carried. Motion by Trustee Shea to adjourn the meeting at 10:05 pm. Seconded by Trustee Biggs and unanimously carried.

Respectfully submitted,

Joyce M. Jezewski, CMC Village Clerk Treasurer