East Aurora, New York January 6, 1969 the Village Engineer

232 East Aurora, New York January 6, 1969

The Village Engineer.indicated_that'to the best of his knowledge, _he signs ' would be properly attached to the building. Trustee David P. Elmer observed that the proposed,new .sign ordinance allows the placement of signs only on those sidesof a buildingfronting or bordering onVillage street or streets. In this case two sides of the building front on'public parking a_eas. '- •.

Trustee:David P._Elmer moved, .seconded by Trustee Walter E; Nicoloff and carried with no negative•votes that the sign petition by the Sherwin- Williams Company _tsit.now exists be rejected because it does not conform " to the prop6sed si'gn-ordinancehlso•that the west side of the building,at 628 Main Street not be considered in any future sign permit application.

The Village Clerk p_esented a petition containing 370 signatures, said _etition asking for an actual .referendum:on:the matter-of approving a : • " 1,250,000 bond issue _for-Vi:___age.water_i_rovement,purposes;,#The Village Clerk advised that 20 ineligible names'bad been removed from the petition making the net total 350 signatures.

Mayor Cain•explained=the timetable now necessary as a result of the" filing of this petition:; The _eferendum must be held at"the general _ " •_ Village election, March 18, 1969. The Mayor also noted:and explained various probable happenings that could result from the delays mandated by the filing of.the petition." i_.

Trustee'Joseph::L<,She_l_caned 'attention to a:1962 water_study report presented by Lozier Engineers, Inc. and gave hisi'opinionthat,the Village Board had wisely deferred action for six years and that a crash program " seems unnecessary at this time.

Trustee Robert B. Kelly called•attention to the need for reinforcing the fire flow•facilities of the Village. "Mr. '.Kelly"alsogave his opinion ,.- that if a '_fes"vote is given on March 18, the $1,280,000 cost figure will not be adequate and therefore a new 'resolution at'a higher figure will be necessary.

Trustee Raymond A. Smith asked the means by which ,the_]_roposedbonds would be re-paid.-Would:the payments C_ne from increased water rates, from increased .taxatiofforboth? Mr. Smith was advised that a proposed schedule of the %caterrates ,"as suggested"by the _auditors,"would :be available withirf a few days.

Trustee .DaviclP. Elmer_gave his _opinion that the purpose,of the proposed plan is toasSure adequate:goodwater for the next ten "orperhaps twenty years, and at the time Lake Erie water would probably be available to help meet the Village requirements. 1 • "!_ The Village Attorney explained the delays and intent of Chapter 962 of the New York State Laws of 1968, giving the County Legislature power to require the County Planning Co.m_issionto review certain city, town and village plot plan and subdivision proposals ." ".

After lengthy discussion% by consent, the _Planning Commission wiil be asked to review this legislation before the Village Board makes'.itsposition on this matter known to the Erie County Legislature. The matter will be considered further at the January 20 .Boardmeeting• _. , r . Village 'Engineer James R. O'Connor reported On ithe.'emergencywork being performed at the west end of the Tannery Brook culvert at Main and South Willow Streets. Mr. O'Connor advised that upon advice of Krehbiel, Guay, Rugg & Hall 30 feet of 84 inch corrugated drainage pipe has been installed in order to alleviate the danger of further erosion damage. The installation of another 20 feet is planned. The work will be completed

within anothert..... day .or so." "_ , . . Mr. Parker Price and Mr. Albert C. Towne, Jr., two of the affected property owners, have signed !easement agreements.. The third owner, Edward Sibble, has given verbal approval with the promise that a signed easement will be submitted later. . _ "- ="- -.. " "-,• -'::-" )

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carried with no negative votes that any Village employee, retiring with less than 14 year's _service,

Trustee Robert B. Kelly moved, Seconded by Trustee Raymond A. Smith and carried with no negative votes that the $2,000 basic life insurance coverage be paid for retirees, Leo Marth and Helen Varley, until labor negotiations are completed and a policy on this matter is formulated.

Trustee"Robert B. Kelly moved, secondedby Trustee Raymond A. Smith and carried with no negative votes that an overpayment of.1968=69 Village taxes be refunded to Roland B. Smith ih the amount of $1.29 on Properties 202-570 and 202-176.

The Village Clerk read a letter from Robert S. Lesher, chairman of the Town of Aurora Conmtitteeon Needs, asking'for a copy ofevery report that has been submitted by Lozier Engineers, Inc. on the subject of Village water.

Trt/steeRobert B. Kelly moved, seconded by Trustee Walter E. Nicoloff, and carried with no negative votes thaf Mr. Lesher's letter be received and filed and Mr. Lesher be advised that the making available of this material is the prerogative of the Joint Town-Village liaison con_nittee.

A letter was received and read from Attorney Robert J. Schutrum, representing the In_nanuelLutheran Church. The letter asked for the cooperation of the Village to demolish the building on the property at 27 Pine Street, if said property is purchased by the Church. The Church in turn would lease the land to the Village for public parking.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carried with no negative votes that if the Church removes the existing building at its own expense, the Village will back fill, grade and pave the area in return for a standard parking lot lease.

The matter of the unpaid water arrearage for Water District #7 in the Town of Aurora was discussed., Village Attorney Walter W. Howitt was authorized to obtain a settlement agreement from the Town of Aurora and Water District #7 and report the results by January 13, 1969. ., •

Trustee Joseph L. Shed moved, seconded'by Trustee Robert B. Kelly and carried with no negative votes that Robert H. Hewitt be given permanent civil-service appointment.as Disposal Plant,Dperator, Mr. Hewitt being _ eligible from the list resulting from Examination #40-738.-

Village Engineer O'Connor advised the Board that the cost of materials used andto be used in 'connection with the emergency repaits to the channel of Tannery Brook, near<_4ainStreet and South Willow Street, willbein excess of his Original estimate of $2,500.:: . '* d

After a discussion, it was moved by Trustee Joseph L. Shed, seconded by Trustee David P. Elmer and carried with no negative votes that this Board approve the purchase of materials and labor required in connection withthe said Tannery B_ook emergency.repair without submitting the same to competitive bidding all in accordance with the findings and resolution adopted December.30, 1968. : ,

Village Attorney Howitt reported that the deeds for Fisher-Price Toys, Inc. land sale, the Carini Property purchase and the Kreiger Property purchase have been duly.filed in the Erie County Ha_l of Records. [ : .The Police, Fire Dispatcher and Dog .control reports for .the month of December were received and discussed. The reports were ordered to be filed.

Trustee David P. Elmer moved, seconded by Trustee Walter E_ Nicoloff and carried with no negative votes that_the Fire.District #i•contract and the contract with the Town of Aurora for police desk, lock-up, radio and courtroom facilities be approved and Mayor J._Forrest Cain be authorized to sign same.

Trustee Robert,B; Kelly moved; seconded by Trustee _Raymond Smith and carried with no "negativevotes that the vouchers as audited by the Mayor and Trustees;be paid, as follows: vouchers_No. 710 to No. 771, in the am6_it of _33,485.75, General Fund;_vouchers No. 159 to No. 167, in the. amount of $3,845.19, Water Fund. ••

Trustee Robert B. Kelly moved, seconded by Trustee Walter "E. Nicoloff and carried with no negative votes "that this meeting adjourn at 11:05 P;M.

_enry/y. bnerwDOd, k / 234 East Aurora, New York -: January .13,1969

Minutes of the recessed public hearing of December 16, 1968 of the Board of Trustees of the Village of East Aurora, held in the Board Room of the Village Hall, corner of Main and paine Streets, East Aurora, New York, reconvened at 8:00 o'clock P.M., Monday, January 13, 1969.

There were present:.Messrs. 3. Forrest:Cain, _yor, presiding;-Robert B. Kelly, Raymond A. Smith, Joseph L. Shed, James W. Ford, ,DavidP. Elmer and Walter E. Nicoloff, Trustees comprising a quorum of the Board; a&so Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

At 8:00 o'clock P.M. Mayor J. Forrest Cain reconvened the hearing to rezone a portion of Riley Street from "_' to "RC" to allow the construction of two office buildings on the site.

The Village Clerk read a letter received from the Planning Comission advising that a special meeting of said conmission would be held January 16 to give consideration to the rezoning petition of Professional Parks, Inc.

A comnunication from the Erie County Department of Planning indicated no d_jection to the rezoning.

After brief discussion, the Trustees agreed to consider the petition of Professional Parks_ Inc. at the regular Board meeting, _anuary 20 when the recommendation Of the Planning Commission would be available.

.Mayor_ain declared the hearing closed at 8:25 P.M.

The Board thereupon entered /n executive work session. The work session terminated at ii:i0 P.M.

"l_nry_A/.Sh_rwo_di Village Clerk East Aurora, New York January 20, 1969

Minutes.of the regular meeting of the Board of. Trustees.of the Village of East Aurora, held in.the Board Room at the Village Hall; corner of _gin and Paine Streets, East Aurora, New York, on Monday, January 20, 1969 at eight o'clock.P.M, inthe'evening.

There werepresent the following: Messrs. J. Forrest Cain, Mayor presiding; David P[ Elmer, James W. Ford; Robert B. Kelly, Walter E. Nicoloff, Joseph L. Shedand Raymond A.Smith, Trustees, comprising a quorum of the Board; also Messrs. James R. O'Connor, Village Engineer, Walter W. Howitt, Village Attorney and Henry A. Sherwood, Village Clerk.

Mr. Kvam, representing Sherwin-Wiiliams Paint Company, appeared to discuss a sign permit application that had been denied at the January 6 Board meeting. Mr_ Kvam asked that the signs as petitioned to be erected at 628 Main Street be' allowed to be erected because the building is not in a foot traffic area; therefore, unusual signs are necessary.

After considerable discussion, it being apparent that the Board of Trustees cannot grant a permit because the signs requested would not - comply with the proposed Village sign ordinance, Trustee James W. Ford suggested that the Village Attorney and Village Engineer confer with the Sherwin- Williams representatives in an effort to arrive at asolution to the problem. The Village Attorney and Village. Engineer were thereupon excused from the meeting to confer with Mr. Kvam and Mr. Norman Wittmeyer.

Consideration of the" petftion to rezone a portion of Riley Street - from "R"'to "RC" was delayed until February 3 when a recon_endation of the Planning Commission will be available.

•A letter was received and read from the Planning Commission requesting the Village Board to petition the Erie County Legislature to deny authority to the Erie County Planning Commission to review Subdivision plins as authorized "by Chapter 962, Section 2 of the New York State Laws of 1968 as being an _nvasion of the home rule rights of cities, towns and villages in Erie County. I After discussion, by consent, action on the matter will be delayed i until it is known if the Erie County Legislature intends to confersuch authority on the Erie County Planning Commission. 234 East Aurora, New York -: January .13,1969

At 8:00 o'clock P.M. Mayor J. Forrest Cain reconvened the hearing to rezone a portion of Riley Street from "_' to "RC" to allow the construction of two office buildings on the site.

A comnunication from the Erie County Department of Planning indicated no d_jection to the rezoning.

.Mayor_ain declared the hearing closed at 8:25 P.M.

The Board thereupon entered /n executive work session. The work session terminated at ii:i0 P.M.

"l_nry_A/.Sh_rwo_di Village Clerk East Aurora, New York January 20, 1969

Consideration of the" petftion to rezone a portion of Riley Street - from "R"'to "RC" was delayed until February 3 when a recon_endation of the Planning Commission will be available.

The matter of creating-a ,fee schedule to accon_panypetitions for rezoning was considered..

Trustee Raymond A. Smith-moved.;'secondedby Trustee Walter E. Nicoloff and unanimously carried that a public hearing be'scheduled February 17, 1969 on the matter Of adding a new Section 11:06 to the :Zoning Ordinances and the same be pubIished January 23 in the official newspiper ;of the .. Village_as_follows,: .. _., ._ .. ? .... . :

NOTICE OF PUBLIC HEARING I NOTICE "IS HEREBY GIVEN that a public hearing will be held by the _,; Board of Trustees of the Village of East Aurora, in the Board Room at the Village Hall, corner of Main and Paine Streets, .East Aurora, New York, on Monday, February 17, 1969 at 8:00 o'clock P.M. (EST) upon the question of "amending the Zoning Ordinance of the Village of East Aurora toprovidefor the payment of the-said Village of East Aurdra of an:application fee by a'petitioner or by petitioners who petition for amendment of the said Zoning Ordinance pursuant to Article XI thereof, by adding a new Section 11.06 to the said Article XI of the said Zoning Ordinance to read as follows:

" ARTICLE XI AMENDMENTS Section 11.06 Application Fee upon Filing of Petition .....

"- Every petition' for-amendment, supplement, or repeal of the regulations, .provisions or boundaries Of this .ordinance shallbe accompanied by a deposit of$50.00.. The Village tre&surer shall hold the said" depositand apply the same to the payment of a'$15.00 fi-ling fee to the Village of East Aurora.and to the payment of..the actual cost 'of publication of ,the notices of public hearing and notices of adoption in the official: newspaper of the Village of: East Aurora as are required by.statute.. The Village Treasurer 'shall refund any unexpended portion of the said deposit to the petitioner or petitioners upon the completion ._ of.the amendment proceeding. In the, event that said deposit is not ;ufficient to cover the said filing fee and publication costs, the

% _etitioner or petitioners shall pay the additional amount required before the completion of the said amendment proceeding.

-Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that a public hearing be scheduled February-17, 1969 on the matter of amending Section 10:02 of the Zoning Board of Appeals and the same be published Jaouary 23 in the official newspaper as follows:

" •NOTICE OF PUBLIC HEARING , . ;.

: NOTICE IS, HEREBY GIVEN that a public hearing will be held by the Board of Trustees of the •Village of East Aurora, in the Board Room at theVillage Hall, corner of Main and Paine. Streets] East Aurora, New York, on. Monday, February 17, 1969 at 8:00 o'clock P.M. (EST) upon the question of amending the Zoning Ordinance of .the Vil, lage:of East " Aurora to increase" the fee required in connection with an appeal or application to the Zoning Board of Appeals from the present $5.00 to $I0_00 by amending the last sentence of Section 10.'02 of said Zoning Ordinance so. that the said Section 10.02 shall_read as. follows:

• "" ' ": :. " ARTICLE ,X".- ,...... :l'" " _i ' :" • .". 'i -'._ ' ZONING 'BOARDOF,APPEALS--_:- : ":'_',-_ :: : -,-_" :', ." ". ': : ." Section. 10.027 Procedure '.,: ..... "" -. . .: • " " i -: The Board of Appe'als shall act" in' strict accordance, with the procedure .specified by law and :by :thfs ordinance. All :appeals and applications made to .the Board shall ,be in writing, on forms prescribed 5y the Board. Every appeal 'or applicafioh shall refer to: . the specific prm/ision 'of the ordinance "involved and shall exactly set forth the interpretatidn that is claim4d; the use for which the special permit is sought, or the details of the variance that is appl.ied, for and the grounds "on .whfch it is" claimed that. the variance _hould :be granted, as the case my be. : .... : : "

Every decision of the Board of Appeals shall be by resolution, each of which'shall :contain'a full record of the findings of.the Board in this particular case.. Each such resolugion shall be filed in the office of the Village Engineer. East Aurora, New York. January 20;'1969 •-

The Board of Appea_s"shall.hold:a public h_aring dn'evefy'appeal and application made to it, notice of whichhearingandof"th#substance of the appeal or application shall be given by publication in the official newspaper of the._illage and'by notice by mail or .by personal service uponall owners.of property having,a.frontageron either side ofthe same street or streets as.the premises for.whichthe permitis sought and within 300 feet in either direction from the frontage of skid premises, and also all owners of property situate wSthin 30 feet of the rear orside lot line of said premises, at least four (4) days before the date of such hearing.

Dated: East Aurora, New York Henry A. Sherwood .:January20,1969, • _' " :, • Village Clerk

Trust_e_David P. Elmer moved, seconded by Trustee Robert B. Kelly and unanimously carried that a public hearing be scheduled February 17, 1969 on the matter ofadding a new.section to-the .ZoningOrdinances requiring notification by mail_to'certainnearby property•ownerswhen.zoning changes are being considered,and the same be advertised in the official newspaper as follows: ' ." _ "

NOTICE OF PUBLIC HEARING._. -_ .- ..

NOTICE IS HEREBY GIVEN that a public,hearing will be held by the Board of Trustees of the Village of East Aurora, in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York on Monday, February 17, 1969, at 8:00 o'clock;•P;M. (EST) upon the question of amending the.Zoning Ordinance of-_theVillage-of East Aurora to provide for,the giving.of,notice of the public hearing required by.'statute,inconnection with any proposed reclassification of_an area of the Village of East Aurora to place it in a different use district, by mail or personal seYvice upon all owners of.property having a frontage on.either side of the same street or streets as the,area in question and within 300 feet.,ineither direction_from the-frontage,of said premises, and within'50 feet.of ,the rear or side lot lines of said area, at least 4.days prior to such hearing by adding-a new.Section,ii.0_ to. Article.XI of saidZoning Ordinance of the-Village,of East Aurora as follows'. "" _ ." _" ' " - •. _.. ARTICLE XI • - AMENDMENTS. . Section 11.06 Additional Notice Required When Reclassificationof Areas is Proposed

In the case of a proposed amendmentwhich involves the reclassification of.an area to a differentUse Group, a copy of the Notice of the required public hearing thereon shall be delivered by mail or -personal servic& to all:owners of property having a frontage on either side of .thesame street or streets as the area proposed -tobe reclassified and within three hundred (300) feet,in either direction from the frontage of said area and also to all owners of property situate within fifty (50) feet of _therear or-side :lot,lines:of such area, at least four_(4) days before the date of such hearing_.,

Dated: •East Aurora,.New.York: ...... --.Henry A. Sherwood, January 27, 1969" ' ," ' ,-.- Village Clerk

At this point the Village Attorney and Village Engineer rejoined the meeting and reported on their conference regarding_the Sherwin-Williams sign permit application. Attorney Howitt advised•the examination of the latest version of the proposed comprehensive sign ordinance indicated that signs on the _our sides,of the'building at628 Main Street might be allowable. The size of the requested signs "as to the height and length of the frames would not conform to the proposed ordinance. The Village Engineer advised that in hisopin'ion the cost of attaching smaller.signs to the ceramic tile, already in the.bffilding,_wouldbe prohibitive wh£1e signs that completely cover the existing ceramic tile.could be easily .installed.

Mr. Kvam suggested that.if tNe signs as petitioned for the south, east and north=sides of the building could be allowed, Sherwin-Williams would eliminate their request for a sign on the west side of the building.

Trustee James W."Ford suggested that the petitioner has _theprivilege of applying to the ZoNing Board of Appeals for settlement of this matter.

Village Attorney Howitt advised that the requested sign for the north, "rear," side of the building comply with the proposed ordinance as to height and length. E=tAuroraNewYork, 1969 :'237

Trustee_David .P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that the sign permit request by Sherwin-Williams for a sign _on the north, "rear," side of._thebuilding at_628 Main Street, being in order, the same be approved.

Trustee David P. Elmer moved,,seconded by Trustee James W. Ford and unanimously carried that the sign permit application for Sherwin-.: Williams on the east, south and *est.;sidesof.the building at 628 Main" Street, not being in.conformity,with the proposed new sign ordinance and not being in conformity .with decisions .regarding other-recent sign permits, the sign permit application of Sherwin-Williams be denied.

It was noted by Trustee Joseph L. Shed, for the record, that Mayor J. Forrest Cain has..beenre-appointed ,by':CountyExecutive John JB. Tutuska as a member of the Erie .County Solid .Refuse Con_nitteefor a term to:run until December 31, 1970. ,.

Mayor.Cain offered,the:name off.FredD_,:Gardner,,274North Street, for appointment to the Planning.Con_nissionto fill the unexpired term of ..- Walter E. Nicoloff, said term to expire March 31, 1971. ".

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carriedthat Fred D. Gardner, 274 North Street, be appointed to the Planning Con_nissionto .fill the unexpired term of Walter E. Nicoloff, said term to expire March 31, :1971'.. :: : ,

A letter was received from the Philatelic Society expressing appreciation for the privilege of .holding meetings in the Village Hall.

Trustee'_James"W.Ford moved, seconded by Trustee David P. Elmer and unanimously carried that a public hearing be scheduled February i0.,' 1969 on the matter of sidewalk assessments and a public hearing be scheduled February ii on _the matter,of:curb andlgutter assessments for Prospect Avenue, Gleed Avenue, Crescent Avenue:and Grey:,Street:and'that the propertyowners involved be notified by-mail of.-thesehearings.:_

Trustee James W. Ford reported-on a'talk given by_Charleg Spencer; Erie County Sewer ConTaissioner,at the Erie County Village Officials meeting January 16. Trustee Ford con_ented upon Mr. Spencer's reconvaen- dations that the Village of East Aurora solicit additional use for the disposal plant. Mr. Spencer also advised thattthe Greely & Hansen . conrprehensivesewerage study indicated future use for the County of the Village Disposal Plant as part Of the all:over plan.

Mr. Ford suggested that early consideration of the drainage study as regards sewer development in the in_nediatearea of the Village be requested of the "701" Con_ittee. .

Trustee james W. Ford moved, seconded by Trustee David P. Elmer and unanimously carried that Mayor Cain be authorized to convey a communication immediately to Town bf Aurora Supervisor Henshaw and members of the "701" Committee that an area sewer expansion study be made as soon as possible.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and unanimously carried that Daniel C. Rapalje, 211 Dorchester Road, be refunded $8.00 ove.rpaymehtof 1968-69 Village taxes on Property 202 - 523.

Trustee DaVid P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that the East Aurora Jaycees and Jayncees be granted permission to use the grove at Hamlin Park May 30 and 31, 1969 for a Children's Fair, said"permission to be subject to approval of the Recrea- tion Director.

:. Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith . and unanimously carried that vouchers No. 772 through 824 in the amount of $16,558.08 on the General Fund ahd vouchers No. 168 through 182 in the amount of $6,661.'20on .the Water Fund.as audited by the Mayor and Trustees be"ordered to be paid. " . ._.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and unanim_sly carried that this meeting adjourn at 11:37 P.M.

.. - _enry A/Sherwood, Village .er 238 East Aurora,•New York "February 3, -1969

Minutes of the_.wegularmeeting .of the Board of.Trustees of theVillage of East Aur6ra; New York,-held in the.Board-Room at the Village Hall; cor- -'" ner of Main aridPaine Streets_.East Aurora,_New.:York,on Monday evening, February 3, 1969, at 8:00 P.M. • ,, -._ .. _- " • _z_ "-"

There were present.,,the.following: Messrs. J..Forrest Cain, Mayor. presiding; •David P. Elmer.,vJamesW; Ford,,Robert B...Kelly;•Walter E.. ' . Nicoloffand Joseph L; Shed,.,Trustees,comprising a quorum_of the Board;: also Messrs.'Walter ,WizHowitt_.Village Attotmey; JameszR.:_O'Conner,Village Engineer and Henry..A...Sherwood,Village.,Clerk:.. "...._-_':_"" _ "

There was absent Trustee Raymond A. Smith.

Trustee.Robert B..::Kellymoved, seconded)by Trustee James W..'Ford_.and carried with no negative_,votest.hat,.themifiutesof;_the::meetingof January - 20, 1969 be approved as submitted and corrected. _ ".,'..'."......

A letter was received from ,the Planning Commission.,recon_nending approval of the petition•of..Professional;Parks, Inc.:to'have a portion"of ,'" Riley Street rezoned from "R" to."RC" toallow construction of office buildings.

Trustee Jame.sW. Ford moved, seconded by Trustee.Walter E. Nicoloff- . and Carried that the petition of Professional Parks, Inc. for the rezoning of vacant property on the east side of Riley Street;from "R" to "RC" be approved as follows: •? .y j .' ." . " L"...... L'.'2 _ " • . " "" ALL THAT TRACFOR PARCEE OF LAND, situate in'the Village of, East Aurora, County of Erie and State of New York, being part of Lot No. 24, Township 9, Rafige6 ofthe Holland.Land Company's Survey, bounded and described_as follows: . _._,.-"' •.

BEGINNING ata. point in the east;line of Riley.Street.,forty- nine and five,tenths (49.5) feet wide as monumented,-at a.zdistanceof three hundred twenty-seven (327) feet'south from the intersection of ,- the said east line and the center line of Girard Avenue: thence easterly along a s_ine making an included-.south-east-angleof 890 52' with the east line of Riley-Street_a distance of one-hundred ninety-two .,',-. (192) feet;'thence southerly in:a line paral,lelv_o,th_ecenterline of-Riley Street a distance of'sixty" (60) feet; thence westerlyand ,parallelwith the first,line herein described, a_distance of ,onehundre_d-ninety-two:- (192) feet to a .point in the east line-ofiRiley:S_treet;thence,northerly along the said east line a.distance.,ofsixty. (60) feet.to ..the-place-of _ beginning...

ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in.the Village of - East Aurora, Town of Aurora, County of Erie and State of,New York,._being part of Lot 24, Township 9 and Range 6, described as follows:

BEGINNING at a point in the east line of Riley" Street (49.5)feet wide) at a distance of 442 feet southerly from the-intersection.of the center line of:Girard Avenue and the:.saideast line:of Riley Street; thence OT easterly along a line making an included southeast ang.leof 89 52 with the east line.of Riley Street'a distance of '192 feet;_thence southerly in a line parallel to the center line ofJRiley,:Street,"adistance of 70 feet to a,point;'thence westerly and parallel with the..first,line herein described, a distance of 192 feet to a point in the east line of Riley Street; thence northerly a-long'the said.east line_of.'RileyStreet a distance of seventy:.(70) feet to"the place_of beginning. __ _. r. _ - -"

ALSO THAT TRACT OR PARCEL OF LAND, situate,in the Village of East Aurora, Town of Aurora, County of Erie and State of New York, being part of Lot No. 24, Township 9, Range 6, of the Holland Land Company's Su'rvey.,.bounded and :described as,foll_s: '._ ..... " ', _ _. :.: _

BEGINNING at-a point in the east line of Riley Street forty-nine and five-tenths (49.5) feet wide as monumented, at a distance of three hundred eighty-seven (387) feet south from the intersection,of the-said east line and the center line of Girard Avenue; thence easterly along a line making"an included _uth-east angle of 89 . 52 '_with"the east line of Riley Street, a distance"of o_/ehundred-ninety-two :(192)..feet;thence southerly in a line parallel to the center line of Riley Street a distance of fifty-five (85) feet; thence westerly and parallel with the first line herein described .adistance of one hundred ninety-two (192) feet to a point in the east line of Riley Street; thence northerly along the east line of Riley Street a distance of fifty-five (55) feet to the place of beginning. E=tAurora,.ew ebruary1969239

Being a parcel of land, consisting of three (3)_vacant lots located on the East side of Riley Street; the first starting at a point three hundred twenty-seven (327) feet south of Girard Ave., being sixty feet wide, and one hundred ninety-two (192) feet deep. The second,,startingat a point three hLmdred eighty-seven(387) feet south of Girard Ave., being fifty-five (55) feet wide and one hundred ninety-two (192) feet deep. The third starting at a point four hundred forty-two (442) feet south of Girard Ave., being seventy (70) feet wide and one hundred ninty-two (192) feet deep. The entire parcel is designated as Farm Lot No. 24 in the Village of East Aurora, State of New York, and County of Erie.

This amendment is a provisional amendment adopted pursuant to Section ii.01 of the Zoning Ordinance of the Village of East Aurora and is conditioned upon the development of the said premises in accordance with a development plan duly authenticated by any variance granted by the Zoning Board of Appeals and subsequent approval of any revised develop_aentplanby the Planning Commission of the Village of East Aurora.

Dated: East Aurora, New York February 4, 1969 Henry A. Sherwood Village Clerk

The Village Engineer reported upon the present erosion at the west end of the new culvert recently installed in Tannery Brook near South _ Willow Street. According to the Engineer, there are two solutions to the erosion in this area.

(i.) Install approximately-another 45 feet of culvertand cover it.

(2.) Reinforce the banks of Tannery Brook along the 45 foot open area with suitable rip-rap or with suitable scrap materials.

Mr. O'Connor did not feel that immediate remedial work is necessary.

Trustee James W. Ford questioned the advisabilit4fof using heavy scrap concrete, etc. in lieu of installing proper rip-rap.

By consent, it wasagreed that the Village Engineer will continue to watch the situation_d report to the Board if any salient change occurs. i .- The spread and possible control of the Dutch Elm Tree Disease was the subject of considerable discussion. By consent a survey of the number of elm trees within the Village will be attempted both by actually charting and by aerial photography.

The Mayor discussed the fiscal problems created at local levels by State mandated programs that must be financed by cities and villages. The Mayor asked the Trustees to approve a resolution asking the State of New York to assume the retirement payments for local police and fire personnel.

After considerable _iscussioh, decision was made to table this item until the February 17 Board meeting..

Trustee James W. Ford discussed previous actions of this Board concerning the length of time over whfch assessments for sidewalks and/or curbs and gutters may bepaid. i Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carrie_ with no negative votes thatassessments for sidewalks of $i00 or less may be spread over a three year period and assessments over $i00 may be spread over a S year period.

Trustee David P. Elmer moved, seconded by Trustee Robert B. Kelly and carried with no negative Votes that the annual Village Elec_ion for 1969 be held on March 18, 1969, in the iobbY of the Village •Hall.

W_J_S, the_xt_general village election for officers will be held on March 18 _1969"; and ;_EREAS, no person shall be entitledjt9 vote at any Village election / whose name does not appear oh the regiser of the elections district in which he claims to be entitled to vote; and

J I 24O

. ",! . _ _.'. _ : . '- ._ ....• WHEREAS,:it'--•-is the duty of the inspectors of election to prepare such a register of qualified Voters for the district for which.they'are are appointed;, and _ .. :_ : . ".... : :

WHEREAS, section 4-426 of the Village Law of the State of New York requires that e_ery Village hold a registration day for each general village election. ..,

NOW, THEREFORE, BE IT RESOLVED, that

First : :Registration_Day for the Village shall be]held on Saturday, March i, 1969. ___ 27 {@7 0 " Second: Suchregistration day for the Village shall be held at the office of the Village Clerk, Village Hall. from 12:00 noon -o'clock to 9:00 P.'-M.o'clock.. : Third:•iVoting for:the forthcoming.election for the Village shall be conducted at'the Village Hall, 571 Main Street, East Aurora, New Yoykk_ Fourth: At least ten days prior to the registration day set in this resolution, a copy of such resolution shall be published in the official newspaper and a copy shall be posted in at least one conslSicuousplace in such election district. Fifth: This resolution shalll take effect immediately.

Trustee Joseph L. Shed, seconded'by Trustee Robert B. Kelly and carried, that the following Village:Election Inspecors are.hegeby appointed for the annual Village Election, March 19, 1969, and for any other village elections during the year:. .Inspectors Albert W. Booth, Jr., Chairman Eleanor H. Jennings. _A__. _'_1 : Florence Burnett Catherine L. Smallback :..,.

Poll Clerks Virginia H. Stewart Milton O. Cederquist .

and that the pay fo_ such inspectors and poll clerks shall be at the rate of $I$_00.... per day for each day requi-redfor election or registration duties. _- _ 0 Trustee David P. Elmer moved, seconded by .TrusteeRobert B. Kelly and carried •i_li_nonegatives votes thiatthe request of the East Aurora Volunteer Fire Depart- ment for the use of Hamlin Park June ]6-28 for their annual Carnival be approved, it being understood that the area be properly cleaned and restored after the Carnival.

_rustee JamesTW. •Ford _oved, seconded by Trustee.David P. Elmer and carried w_h no<{,_t_gativevotes that the East Aurora Kiwanis Club be granted permission to use Ham:finPark on the 4h dNy of June, 1969 for its 15th annual chicken barbeque.

Trustee Rober_ B. Kelly _noved,seconded by Trustee Joseph .L. Shed and carried that:

W_REAS, 'a T_x Sale certificate issued to the Village of East Aurora, March ii, 1964, to covermnpaid taxes for the year 1963-64 against a vacant lot #20J - 46 on Girard Avenue. and fomerly owned'by Robert Smith and Wife; and "- W_EREAS, the County of Erie acquired the ]_ropertyin an in .rem action during the year 1968 and subsequently sold the same; and WHEREAS, a division of the proceeds allowed the full payment, including penalties, of all other Village Tax Certificates against the property .for the years 1962, 1963, 1964, 1965, 1966, 1967 and 1968 except for a deficiency .of$534.58; - NOW, THEREFORE, BE IT RESOLVED that Tax Sale Certificate #I, dated March ii, 1964 in the amount of $1,052.07 be reduced by $534.58 and be declared "satisfied" in the amount of $517.49 and the %ax records of this village be corrected accordingly.

_After certification and verification of the •196•8unpaid taxes, Trustee R0bert B. Kelly moved the following resolution:

WHEREAS, it appears from the account of unpai_ taxes heretofore returned by the .Treasurer of the Village of East Auroras for the year :

i_,]O 1968-69(see exhibit that thefiled following .inTax Roll); taxes stilland remain due and unpaid, to wit; WHEREAS, no ection has been conmenced to recover said unpaid taxes pursuant to Section 1440 of the Real Property Tax Law of the State of New York and no sale on account of said unpaid taxes has heretofore been held pursuant to law NOW, THEREFORE, BE IT RESOLVED, that the unpaid taxes heretofo_ec described shall be collected by a tax sale as provided in Title 3 o_ Article 14 of the Real Property Tax Law of the State of New York. AND IT IS FURTHER RESOLVED that a copy of this resblution, duly East Aurora, New Tork February 3, 1969

certified by the /clerk of the Village shall be transmitted forthwith to the treasurer of the Village with the account of such unpaid taxes and that the said treasurer of the Village, upon receiving such account and a certified copy of this resolution be and hereby is authorized and directed to publish in the official newspaper of the Village, oncer each week for three successive weeks, the last publication to be on or before the 10th day of March, a notice of tax sale listing _e real property upon which taxes are unpaid with the amount of the tax, interest and charges thereon and stating that such real property will, on a specified day not farter than i0 days after the last day for publ_cation of the notice of sale, be sold at public auction at a designated place in the Village to discharge the tax, interest and other charges which may be due thereon at the time of the sale and that the Treasurer continue the sale from day to day until so much of each parcel is sold as will be s_fficient to pay the tax, interest and charges.

Motion seconded by Trustee Walter E. Nicoloff and carried with no negative votes.

Trustee Joseph L. Shed moved, seconded by Trustee Robert B. Kelly and carried with no negative vo_es that the proposed north side sewer project in the approximate amount of $300,000.00 be deleted from the Ca_ital Expenditures Program.

Trustee Joseph L. Shed asked that the Capital_Expenditures Committee be directed to review the necessity of going forward with Phase I in the amount of $i00,000.00 and Phase II in the amount of $70,000.00 of the proposed Tannery • Brook channel improvement program in the light of what has been accomplished during the past two years•to control the Tannery Brook flooding problem. So agreed.

Trustee David P. Elmer moved, seconded by Trustee James W. Ford and carried with no negative votes that the Aurora Junior Womens Club be granted pemission to erect two signs at the Circle advertising the aunual Red Stocking Review; said signs to be according to the specifications submitted and to be erected for the period February IS through March 9, 1969.

-__ Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the probation performance of Patrolman William Nye, being completely sati._factoryaccording to Police Chief Waltz, Mr. Nye be given permanent appointment effective February ]8. 1969/

Mayor Cain presented the police and fire dispatchers reports for the month of January. After discussion, the reports were ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee D_vid P. Elmer and carried with no negative votes that Tuesday. February 18, b_ designated as "Grievance Day" for the Village and that the Village Assessor-and Trustees will sit in the Village Board Room between the hburs of i:00 o'clock and 4:30 o'clock P.M., for the purpose of hearing complaints"and completingthe 1969 assessment roll.

It was reported to the Board that the "Quaker Club.Negotiating Unit" had been formed as a separate agency to'represent the members of the Police Department and th_ school crossing guards who constitute one of the negotiating fruitsof t_e employees of the Village of East Aurora heretofore recognized by this Board. It was further'reported to this Board that it'was the desire of the said Police Depart_entt and crossing guards negotiating unit that the said "Quaker Club Negotiating Unit" replaces the Quaker Club as their representative for negotiating,purposes pursuant -to Section 207 of the Civil Service Law.'

Following a discussionl it was moved by Trustee Robert B. Kelly, seconded by Trustee Walter E. Nicoloff and carried, that the designation of .theQuaker Club of East Aurora heretofore certified as _he representative of the Police Department members ahd school crossing guards negofiiatingunit heretofore made by action of this Board on May 6, 1968, is hereby rescinded and the Quaker Club Negotiat- ing Unit, a separate organization is hereby designated and recognized and certified as the employee organization representing the employer-employee negotiating unit consisting of members of the Police Department of the Village of East Aurora and the school crossing guards employed by the Village, e_cluding however the Chief of Police and the Captainsand Lieutenants of the Village of East Aurora Police Department.

Trustee Robert B. Keny moved, seconded b)_Trustee David P. Elmer and carried that vouchers No. 825 through _o. 865 in thetamount of $32,790.28 on the General Fund and vouchers No. 183,through No:.193 in the amount of$ 8,206.42on the Water Fund, as audited by the Mayor.and Trustees, be paid. 242

East Aurora, New York. February 3, 1969.

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and carried with no negative votes that this meeting recess at 11:30 P.M., to reconvene Monday, Febrg.ar_ i0, 1969, at 8:00 P.M.

" "_'_ rvA "S__rk. •• Hen,/.

East Aurora, New York.' February 10, 1969.

Minutes of the reconvened meeting of Monday, February 3, 1969, of the Board of Trustees of the ViLlage of East Aurora. New York, held in the Board Room at.the Village Hall, Corner of Main and Paine Streets, East Aurora, New York, on Monday, February i0, 1969, at 8:00 P. M. o'clock.

There were present, the following: Messrs_ J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Robert B. Kelly, Walter E. Nicoloff, Joseph L. Shed and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney, James R. O'Connor-,Village Enginee_ and Henry A. Sherwood, Village Clerk.

At 8:05 P. M.,Mayor J. Forrest Cain opened a public hearing on the matter of issuing the costs to the benefitted property owners of sidewalks constructed or rebuilt during 1968.

the following persons appeared to ask questions concernihg the work performed on their particular sidewalks:L

WilliamJ. Sheeran 300 Sop.V.hGroveStreet Martin Steiger 459 Linden Avenue Gordon R. Mundt 460 Linden Avenue Vaughn Larrison 465 Oakwood Avenue Matthew J. Masterson,Jr. 369 OakwoodAvenue Margaret Nichols 461 Oakwood Avenue

The complaints of these persons will be investigated and reported to the Board at the February 17meeting. There being no one else further to speak, Mayor Cain declared the hearing closed at 9:11 P. M.

Mayor Cain read a con_aunicationfrom Lozier Engineers, Inc.,indicating that a proposed study in cooperation with the Town of Aurora water engineering consultants, Nussbat_ner& Clarke, of a combined Town-Village cormmmity-wide water system to be undertaken at a io_t to the Village of an amount,not to exceed $2,000.00. -An appropriation of $500.00 for this work had previously 5een made by this Bcmrd.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried,that the.request by Lozier Engineers, Inc., to be paid a fee not to exceed $2,000.00 for thenecessary work in making a Town-Village water system survey in conjunction with Nussbaumer & Clarke be approved, it being understood that an amount of $i,800.00 is to be added to the $500.00 previously, authorized by this.Board;-said funds to be charged against the Water Capital Improvement Program, and the Mayor be authorized tonotify Lozier Engineers, Inc], of such appropriation.

Mayor Cain then read a statement reviewing past actions by this Board in an effort to update the •Village water system as .follows: (see exhiNit distributed at the Board meeting), as follows:.

WHEREAS, th_ several Village _.;BsardsofTrustees of East Aurora have, sincet-_tu]Tn of the century, provided East Aurora with a municipal water system; and .. WHEREAS, when population growth ind increased wat4r use created a deman_dditional water, the Board of Tnistees, on several occasions, 9oted the major expansion programs to the water system; and WHEREAS, again in 1962 when it became erUditiOn'that the inlne&iate needs-for water in the Village._ East Aurora would soon overtax the capacity of the existing village water system and leave no margin for growth, the Board of Trustees engaged Lozier Engineers,.Inc., of Rochester (the designer of the existing system) £o make a complete re-evaluation of the East Aurora water system arid report to the Trustees; and WHEREAS, this comprehensive analysis covered many items, namely: the best source of available water, the water needs of the Village for many years to come, the capacity needed for pumping and storage, the distribution 242

East Aurora, New York. February 3, 1969.

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and carried with no negative votes that this meeting recess at 11:30 P.M., to reconvene Monday, Febrg.ar_ i0, 1969, at 8:00 P.M.

" "_'_ rvA "S__rk. •• Hen,/.

East Aurora, New York.' February 10, 1969.

At 8:05 P. M.,Mayor J. Forrest Cain opened a public hearing on the matter of issuing the costs to the benefitted property owners of sidewalks constructed or rebuilt during 1968.

the following persons appeared to ask questions concernihg the work performed on their particular sidewalks:L

Mayor Cain then read a statement reviewing past actions by this Board in an effort to update the •Village water system as .follows: (see exhiNit distributed at the Board meeting), as follows:.

East Aurora, New York. February i0, 1969.

lines and the status of the p_ocessing p_ant at"the foot of Pine Street; and W_EREAS, •upon a careful analysis and s_udy of this engineering report from oz1_Engineers, Inc., the Trustees first took the following action: (i) They engaged the Layne New York Corporation, Water Well Engineers, to determine by test drilling the exact area where water is available in the well field )approxima£ely 7@ acres) at the end of Pine Street. Nearly a dozen test wells were drilled and all but two were producers. This exploration / established the availability of two and a half million (2,500,000) gallons of excellent water every 24 hours. (2) The Village Board and Lozier Engineers then made many contacts with both the Town of Elma and the Erie County Water Authority with the following results: -- The Townof Elma had designed their entire Water System _ust to supply Town of EI_ residents and while they had a surplus "at the momen_ at the tank on Billington Roa_ near Route 16, they would only guarantee to supply a limited amount daily and no contract would extend beyond five years. Erie County Water had no target da_e when water would b•eavailable for East Aurora and when it was availab•lethey Would onl_/bring their lines to Quaker Road and Transit, about six miles west of the East Aurora Reservoir. (3) The Board of Trustees being fully aware of the urgent need for additional water for the Village of East Aurora, voted for the drilling of two new wells :at locations determined by the previous test borings ." These twp wells added over.a _ailliongallons daily capacity to our Water system. - (4) Lozier's study indicated the distribution system was woefully inadequate for it was 5eing called on daily to deliver far more water throughout the Village than the size of the pipes in the ground could servicefully carry. On the strength of this, the Village Board authorized the installation of two new 12" lines. One fromthe Water Plant at the foot Pine Street to connect with the feeder lines in Main and Olean and the.other to connect with the lines at Girard and Whaley. These were in operation throughout ,1968.,: : r (5) Lozier's 1962 Report on the East Aurora water system as well as their continuing studies have all been predicated on the East Aurora water system supplying water just to the Village of :'EastAurora. And on that specific assignment they designed the additional improvements to the system as detailed in the program covered by the December 2, 1968 Bond Resolution. (a) " A million gallon storage tank as near the west end.of the Village is possible to fortify:the system_where the greatest expansion -, occurred. (b) A 12" distribution line to circle the core area of,the Vi&.1age. (c) Expand the processing and pumping capacity of the Pine Street Plant to take advantage of the extra million gallons a day now_avail- able from the wells. ."'•: ' When these necessary expansions have been completed, the Village will have an adequate supply .of good water for many,years tO come_.- -.

Mayor Cain then read a report from the Town-Village Liaison Co_aittee on the

same subject.

_REPORT OF VILLAGE MEMBERS OF VILLAGE-TOWN LIAISON COMMITTEE ": ON THE PROPOSED EXPANSION OF-.THEEAST AURORA VILLAGE WATER SYSTEM; _ :""" • ". , ", " ." ,

WHEREAS, the:Board of..Trusteesof _theVillageofEast Aurora, after . many mont--_of analysis of "theexisting ,Vi.11agewater system and study of the proposed engineering plans for expansi6n;,did vote a Bond Resolution on December'2; 1968 for $1,250,000.00 which in-theirbest judgment represented the nec4ssa_y funds .to carry out the following improvements: : (i) Construction of a 12" distribution line ,toCircle the core area of the:Village. L (2) Enlargement ofthe Water•Plantto process and pump the two and one half million gallons o_ water now available daily from the wellfield and . "'"'...... (3) Erect a mil.lion,gallon"reservoir,;to:give_additional..pressure.. and vol_ae of water in the west end of the Village where it is most seriously needed; and _ "i : , .. - :' • "WHEREAS,:at the "urging of and:with solicitation "by the East Aurora Chambero_uJ_uJ_erce :and others, sufficient,signatures:were:produced , on petitions which on January 2, 1969 were filed with the Village Clerk to require a ereferendum to be voted on by the Village electors at the election on March 18, 1969-;-and 244

East Aurora, New York February i0_ 1969/

WHEREAS, there has been created a Liaison Con_nitteeof Town and Villageo-_als, consisting of Village .Trustees Ford and Nicoloff and Town Counci.lmen.Hager and Cl_ne and by:their selection "a fifth member, Mr. Robert Stevens, to make a feasibili.tystudy,of both the present Village water system with its proposed plans for expansion and :.theNussbaumer & Clarke pro_psal for the creation of a water system for the Town of Aurora, to determine whether there•were duplications of equipment in either proposed system; and v • WHEREAS_ this Village-Town Liaison Comkiftee lieshad meetings with the design engineers of both t.heVillage and Town water systems and have requested these engineers jointly to study both plans in the light of cempatibility of tl/enow existing plans ;.and .... " ". , WHEREAS, the engineers have established that the earliest date on which t_-eycan deliver,this joint report is too late for any part of it to be used in supplying.-informationto the public for their :vote"on the Referen- d_n on March'18; and ' , _: . " • WHEREAS,: this engineering information is most vital to the voters in both--t_llage and the Town in'helping them'determine "their Vote on both water programs and since this information cannot be _nade available in time for the Village Referenduan on March-18, 1969, .... . • .NOW, THEREFORE, it is deemed by theVillagemembers of the Liaison Comi_te-_tha-t ac_ on the current Village iwater.plan be suspended 'at this time, "awaiting the :full report of both .designengineering firms and the .recuJu,endationof .theentire membership of the Liaison .Co_nittee, and further because it is of great iniporfancethat a determination be reached as early as possible; we pledge "onbehalf of ourselves as Village Board members that we will press for prompt-action on a Village-benefitting plan and program so that the voters may choose thag water system which will provide the •Village of East Aurora with a satisfacto.ryvolume of high quality water for.)/ears to come. .•

Trustee James IV.Ford

i Trustee Walter E. Nicoloff. t _ • . %-

Trustee Robez"cB. Kelly moved; seconded by Trustee Wal_er E. Nicoloff and unanimously carried, •thatthe Mayor"s reportand the Liaison Cor_ittee report concerning the Village Water system be received by the Board and both reports be made part of the record.- _ . :

Trustee Joseph L. SHed objected to these reports being made a part of the

record; however,,he voted in the affirmative. I... , After discussion, it was moved by Trustee James W. Ford; seconded by Trustee Robert B Kelly that the following resolution be adopted:

RESOLUTION

WHEREAS, the Board of Trustees of the Village of East Aurora has heretooo_id on December 2, 1968, adopted a resolution authorizing the partial reconstruction of and construction of additions to the " - village owned and operated wa._ersystem in this village, stating the estimated maximum cost thereof to be $1,250,000.00, appropriating the said amount therefor, and authorizing the issuance of $1,250,000.00 serial bonds to finance said appropriation, which resolution was seb_ject to.a permissive referendum; and: WHEREAS;_ subsequently _ipetition .was duly filed requesting that : the sal--_ resolution be "submitted to the electors of this village for their approval or disapproval; find NtEREAS, the Town Board of the Town of Aurora has recently received plans for a Town of Aurora water system-frora Nussbaumer & Clarke, Inc., Engineers; and " "" WHEREAS, this Board and the Town Board of the Town of Aurora have heretoor_. c6operated in creating a joint con_itteeo__ two Village Trustees, twd Tdwn Councilmen and Robert Stevens, a Town 'of Aurora and Village of East Aurora resident_ called the "Liaison Cormnittee"to study_. the physical, economic, "legfil"andpractical feasibility of coordinating ., the development of the requir.ed villfige water system improvements and the town water system; and I 245

East Aurora, New York February i0, 1969•

WHEREAS,.the said liaison committee has undertaken to ascertain whetheT su-_ coordination is physically, economically, •legally and practically-feasible and h&s arranged, with the cooperation of this Board and the Town Board of Aurora, for Lozier Engineers, Inc., and Nussbaumer & Clarke, Inc., engineers for this Village of East Aurora and the Town of Aurora respectiVel_,.to study th_ problem and make an early report to the said liaison committee and this Board of.Tr@stees and the Town Board of the Town of Aurora; and WHERE/_., it appea*s,to this Board that it is advisable to provide an opportunzty for the liaison com_ttee to obtain the report of the Village and Town Engineers and make its report to this Board and the electors of this Village as regard to the feasibility of coordinating the required village water system improvements a_d the Town water system before the electors of this village are required to vote their approval or disapproval oflhe resolution &dopted by this Board _f_Trustees on December $, 1968, since the said report may or may not develop facts which will make it advisable to amend the Village water system improvement plan; and WHEREAS, by statute the electores of this Village are•required to so vote upon the said resolulion on March 18, 1969; WHEREAS, it appears that the said election will occur before the said' reporto---_e said engineers and the said liaison con_nitteewill be i_prepared and made available to them and_to the elect.o_s.;oftheVillage of East Aurora; and .. WHEREAS, this Board of Trustees has authority, pursuant to Section 139-C of theV1_ge Law, to reconsider its action of December 2, 1968 and repeal its "-'"".'_'; adoption of said resolution if such repeal is deemed to be advisable; and WHEREAS, pursuant to•said statute if the said resolution adopted on Decem_, 1968 is_repealed upon reconsideration, the proposition for its approval shall notbe submitted at the election to be held on.March 18, 1969; " • NOW_ THEREFORE_ BE IT RESOLVED_ that upon reconsideration the resolution heretofore•adopted by this Board of TruStees on December 2, 1968, suthorizing the partial reconstruction of and construction of additions "_ 'to the village owned andoperated water system of this village, stating the estimated maximum cost thereof to be $1,250,000.00, appropriating said amount therefor, and authorizing the issuance of $1,250,000.00 serial bonds _o fifiancesaid appropriation is hereby repealed.

Upon a roll_call 'vote_-the above resolution Was Unanimously carried, the votes being as follows: "" :. " ', AYES TrflsteeDavid P. Elmer,"Trustee James W. Ford, Trustee Robert B. Kelly, Trustee Walter E. Nicoloff, :T.rusteeJoseph L. Shed, Trustee Raymond A. Smith and Mayor J. Forrest Cain. NOES None•

Maymr Cain reviewed for the Trustees the annual report of police statistics for the year 1968• After discussion the report was ordered to be filed.

Trustee James W. Ford discussed briefly the proposed street building program for 1969. Mr. Ford asked consideration by the Trustees of the financial arrangements that would be flecessaryto rebuild King and Persons Streets;:the cost of these improvements including sidewalks hnd Contingencies.will be approximately $115,800•00. Mr. Ford also.askedconsideration of approval for an expenditure of $17,000.00 including $2,000.00 engineering costs for sidewalk construction and rebuilding during the 1969 season; this sidewalk appropriation would be in addition to unused monies of app_6ximately $15,000.00 .remaining from the 1968 program ....

By consent;the Village Attorney was.authorized_to submit proposed bond•resolutions at the February,;17meeting, ,authorizing the 1969•street_rebuilding and side- P walk construction program.. ,-

Trustee Robert. B.-Kelly moved, seconded_by Trustee Raymond A. Smith and unani- • mously carried that this meeting'recess-at _i0:25P..M. until 8:00 P..M. Tuesday,

Feb_ary 1_, 1969. _q_ _ ...... -- - ." /A/

. "...... " "-_,_ _¶ Henry._. Sherwobd; Village C_erk. 24{i

East Aurora, New York February 11, 1969

Minutes of' the;reconvened meeting of. Monday, February 3, 1959, and'Monday, February 10, 1969 of the Board. of Trustees of-the Village of East Aurora,_ New York_ held in the . Board Room at the Vil:lage Hall, corner of Main and Paine Streets, East Aurora, .New York, on Tuesday, February .ll, .1969; at 8:00 o'clock. P.. M. . .. • .: ,'

There were present, the. following: Messrs. 'J:,.Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford} Robert B..Kelly_ Walrer.E. Nicoloff, Joseph L. Shed and Raymond A. Smith, Trustees, cc_nprising a quola_n of the Board; also Messrs. Walter W. Howitt, Village Attorney; "'James "R. "O' Conner, Village Engineer and Henry A'. Sherwood, Village Clerk. -, .... ,

At 8:05 P-. M:, Mayor Cain opened the public hearing on the matter of setting assessments for curbs, and gutters on Grey. Street, Prospect Avenue; Gleed Avenue and Crescent Avenue. A15proximately 30 persons attended the hearing. The complaints submitted by various-.residents.were recorded and will be investigated and reported to the Board at the. February- 17 meeting. •• .....

The following persons spoke at the hearing: .-

Anthony DiFilippo III. ' ., .. 257 Prospect.Avdnhe.. , :_.Jotm Therien- - ,- " .. : - ' -" t30.South Willow Street Edward C: Downing "" • 309 'Prospect Avenue John E." plowright ., 616 Crescent Avenue Richard W. Ogden 149 Center Street James R. Kish .... :.. - 341 Prospect Avenue • Norman I. :Suttell ,- . , _t33 Walnut Street" Charles =E: Paul .-- .---. •.... _13 Prospect Avenue :.. Edward J. Bender ...... 340 Prospect Avenue Th_nas'A: _Harris. .553 Crescent Avenue Jerome A. Smith 614 Crescent Avenue Mildred Roberts 279 Gleed Avenue " " Gustav'C. Arndt [.... " ' 31 Knox Road " '" Lester A..Dunham " 589 Crescent Avenue •

There being no"ofie else further to speak, Mayor..Cain .declared thehearing closed at 10 :t7 P. M. "......

Village Attorney Howitt _iewed past contracts and agreements between the Village and the owners of the Aurora Village Shopping Center regarding the imp.rovement of streets in the area of. the shopping center. After considerable discussion, the.matter will be considered further at the February 17 meeting.

Trustee Walter E. Nicoloff moved, seconded by Trustee RaymOnd A..Smith and unanimously carried that this meeting adjourn at 10:55 P.M.-. "

East Aurora, New York February 17, 1969.

Minutes of'the regular'meeting, of-the Board of Trustees of the Viilage" of East Aurora, New York,'held in the BoardRoom at the Village Hall, corner of Main and Paine Streets', East Aurora, New York, on Monday evening, February 17-, 1969, at 8:00 o'clock. : '•

There were present, the following.: Messrs.J: Forrest. Cain, Mayor presiding;- David P. Elmer, James W. Ford, Robert B. Kelly, Walter E. Nicoloff, Joseph L. Shed and Raymond-A. Smith, T-rusteeg,. camprising-a quorum of, the'Board; also Messrs. Walter W. Howitt, Village Attorney; James R: O'Connbr; Village. Engineer and Henry A. Sherwood, Village Clerk. .•

Trustee Raymond A. Smith moved, seconded by .Trustee Robert.B. Kelly and unanimously carried that the minutes of the regular meeting of Febin_ary3, 1969 as recessed to February 10 and 1.1, be approved as submitted and amended. ':

At 8:10 P. M., Mayor Cain declared open the public hearing on the matter of adding Section 11.06-to the'Zoni_g.Ordinance requiring the payment of filing and other fees to accompany a petition for rezoning. The Village Clerk read the text of the published notice. There being no one present to speak, Mayor Cain closed the hearing at 8:14 P.M.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and unanimously carried that Sectiun 11:06 be added to the Zoning Ordinance as published, as follows: 24{i

East Aurora, New York February 11, 1969

The following persons spoke at the hearing: .-

There being no"ofie else further to speak, Mayor..Cain .declared thehearing closed at 10 :t7 P. M. "......

Trustee Walter E. Nicoloff moved, seconded by Trustee RaymOnd A..Smith and unanimously carried that this meeting adjourn at 10:55 P.M.-. "

East Aurora, New York February 17, 1969.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and unanimously carried that Sectiun 11:06 be added to the Zoning Ordinance as published, as follows: 247

East Aurora, New York February 17, 1969

ARTICLE XI AMENI_NTS Section 11.06 Application Fee upon Fil.ingof Petition. :

Every petition for amendment, supplement or repeal Of the regulations, provisions or 5oundaries.of.this ordinance shall be accompanied by a deposi_£of'$50 00. The Vi.llageTreasurer _hal'lhold the said'.' deposit and apply the same..tothe payment of a $15;00 filing fee to th_ Villa_e of East Aurora and tO the pa.xmentof the actual cost_of publication of the'notices'of public hearing And nd_icds of adoption " in'the official newspaper of ,theVillage of East Aurora as.are ' .required by statute. The Village Treasurer shall refund any unexpended por1_iOrL.Ofthe said deposit to the petitioner or petltioners upon the ccmpletion of the .amendment.proceeding..In the •event.that said deposit is not sufffcient tocove_-the said filing fee and publication •costs, the petitioner or [5etitionersshall pay the additional amount required before the completion of the said amendment proceeding.

At 8:15 P. M., Mayor Cain opened the publichearing on .thematter of amending Section 10..02of the .Zoning Ordinance _aising the -fee for filing.a petition with the Zoning Board of Appeals fr_n $5.00 to $I0.00. The Village Clerk read- the notice of heaYing for information. ' There being no one present to speak, Mayor Cain declared the meeting closed at 8:17 P. M.

Trustee David P..Elmer moved, seconded by Trustee Walter E..Nice!off and unanimously carried that"Section 10.02 of the Zoning Ordinance.be amended as published ss follows: ......

.- ARTICLE X ZONING BOARD OF APPEALS ' '," i ...... • Section i0:02 Procedure •, •**_***_.,.- . .... : , - ......

Any, appeal or applid&tidn' _o'the Zoning2"Board"9fAppeals shail : be accompanied bY a fee' o_ $i0.00. : l- . .::

At 8:20 P. M.:Maydr Cair_ declare open a _public h_ar_ng On the matter, of adding a new Section 11.07 of Article XI 'of the Zoning Ordinance requiring "the giving of notice by mail or in person to certain property owners in the vicinity of property being considered: for rezoning: The Village Clerk read the notice of hearing for .inforimation. The_e. being no one 15resent to. speak, Mayor Cain declared thehearing clese'd at 8;24 P.M. .. "

Trusfee Robert B. Kelly moved, seconded by Trustee Raymond' A. Smith and unanimouslyT • carrie. d that the _doption of Secfion 11,07 of the Zoning Ordinance . * . be approved as published as follows:

•"' " :" ARTI.CLE XI" " ' ..... • AMENIa_NTS " ' " Section 11.07 Additional Notice Required When ReclaSsification "of _reas' is Proposed"

In. the 'case of a proposed amendment wt_ich involveg the reclassification of an area to a different Use Group, a copy of the Notice of the required public, hearing thereon, shall be delivered by mail or personal service "to all owners of: property having a frontage on either side of the same street or streets as the area proposed to be reclassified and within tt_ree" hun_lred (300) feet in either direction from the frontage of said area _and al_o to all owners of property situate within fifty (50) feet of the tea of side lot lines of such area, at least four (4) days before the date of's_ch hearing, .....

The matter _of a pblihy regarding pay_t b_ the"Town of Aurora for sidewalk. " o construction,on Oakwood 'Avenuealong•the.old cemetery whs considered. It was established that the"T°wn of'Aurora already pays'for the upkeep...... ofthe'cemetery.

T,_e"Board consldered the memo by the village Attorney dated February 5, 1969 • which pointed out that•an assessment of a municipally_.ownedparcel of property in connection with"an.agsessable'_provement :i'sentirelyproper and'is generally not excused unless there•is a finLlingthat the said publicly "o_ed property fS held in public trust rather,than in a public capacity.. The Village Attorney...... advised..,that the.law does not penait the sale of'any established _emetery. ,_

Following further discussion, the following resolution was moved by Trustee 248

East Aurora, New York February 17, 1969

q Robert B. Kelly"and seconded by Trustee Raymond A. Smith: I. _¢HEREAS,it-appearsthat the Town qf Aurora_owned cemetery."the Old Oa]_Y0-0_AvenfleCemetery" is held by the Town of Aurora in trust for public purposes, ...... - :_..... WHEREAS, it has been proposed to assess the said .cemeter£..property in the s_n of.$581.64 _iits sh'areof the cost of the .improvement'of the sai'dproper.ty.by,the installation of_the new_sidewalk. _ _"z _._ WHEREAS, it appe'arsthat.the._aid as_sessmentin the said.amoun£ of' _ $581._idbe excused as against the said cemetery property. " _. _- NOW/'THEREI.DRE.__BEITRESOLVED t_hatit.is .the.finding of this_Board that the Town of Aurora holds,the said:Old 0akwood Avenue•Cemetery property in tYfis-t_orpublic purposes, ._ .....,,...,. ,-.,-.._: ...... AND BE :IT"I_]JRTHERRESOLVEDthat the proposed assessment for sidewalk improvement agains:tthe Old ,Oakwood•Avenue Cemetery •property in the amount of $581-.64be a_idthe same is hereby excused and .cancel-led.•: '::_._.

Upon the question, it was established by the Village Attorney that if this exen_p- tion.is allowed there is no relinquishment by.the property owner ".Townof Aurora" for liability in the case of accident. Upon a vote, unanimously carried.

The matter of .complaints and ,comments as aired at the public heaYing on February i0 regarding sidewalk assessments came on for discussion.

Trustee James W. Ford moved, seconded by Trustee Joseph L..Shed and unanimously carried that the Village Engineer be authorized ,tomake administrative .adjustmeht in the case of William J. Sheeran, 300 South Grove Street and Matthew:Masterson, 369 ('Oakwood and that the Village Treasurer be authorized to prepare and mail invoices for all sidewalk assessments as presented at the public hearing February i0, 1969.

.After discussion of the memorandums regardfng the .curb and gutter installations considered at the public hearing February Ii, 1969, Trustee James W. Ford moved, • seconded by Trustee Joseph L. Shed and unanimously carried that the..curb,andgutter assessments for Prospect Avenue, Crescent Avenue, Gleed Avenue be authorized and that the removed survey stakes be replaced where necessary, also that.the agreed upon :_ adjustments be made-for Edward Plowright,616 Crescent Avenue, Mrs.. Mildred Roberts, 279 Gleed Avenue and Mr. Therien, 130 South Willow Street and the Village Treasurer be hereby authorized,to prepare,the necessary invoices for curb and gutter assess--"" ments considered at _.theFebruary. .... 11, 1969 publlc' hearing.:" '

After discussion of protests by:the AurOra Village Sh'opping. Center,. 129 Grey Street; Osmose Realty Corp., Grey Street; and 140. Grey Street, Inc., Grey Street;and Gustav Arndt, Knox Road, against curb and gutter assessments'on Grey. Street, Ti_stee James W. Ford recommended that the proposed assessments against the Aurora Village Shopping Center be altered and the assessment against Gustav Arndt be excused and that the assessments against Osmose Realty Corporation and 140" Grey. Street, Inc. , ' remain.

Trustee James W. Ford moved, seconded by Trustee Robert B. Kelly and unanimously carried that the Village Clerk-Treasurer be authorized to prepare and mail invoices for curb and gutter assessments on Grey Street except for those, places where adequate curbs alre_ existed and where for e._.gineering purposes, had to be installed.

Trpstee. Robert B. Kelly. moved, seconded by Trus.tee Raymond A. Smith and unanimously carried that the Village Attorney be ' authorized to,prel_are a repor.t showing compliance" with 1958 and sGbseq6ent agreements between the Village and the c_ners of the Aurora Village Sti6pping Cehter; said report to be submitted at the March_•3 Boar d-mee:ting.

Trustee James W. Ford moved, seconded, by Trustee Robert B. Kelly and unan_li_ously carried that -assessments"for curb and gutter construction, ifunder $300 may be spread -- over a five year period and above $300'may be .spread'ox_er.'_.ten)/ear"period; said in- icrements to include th_ costs of interest ' and'other eXpenses. :I Trustee Robert B.-Kelly moved, seconded by Trustee Walter E. Nicoloff and unani- " mously carried that Mayor Cain be_authorized to send letters to the Governor-and other proper persons/in the Ssate Legislature indicating'the support of the Village:of East Aurora of the New York State Conference of Mayors' proposal to have the State of New York ass_ne the full retirement cost of policemen's and firemen',s pensions. _- • .... * ., - The matter of _ bu$1dir_gpermit application .by Fisher-Price .Toys, Inc. , to roof over.a court yard between the existing buildings was.discussed_ .Approximately 4000 square feet of floor area would be covered. The erection of a;shOrt "approximately 25 feet" east wall would be necessary. The approxiJnatecost of the construction would be $125,000.00. East Aurora, New York February 17, 19

Trustee James W. Ford _oved, seconded by Trustee Robert B. Kelly and carried, that it having been ascertained that the proposed structure does not come under the requirements of Section 505, Subdivision i, Paragraph F of the ;Zoning Ordinance and therefore the building pemit, being in order, the same be approved and the Village Engineer be authorized to issue the proper papers.

Mayor Cain, by consent, will convey to Fisher-Price Toys, Ific.,the feelings of the Board as concerns the submission of this and future building petit applications by Fisher-Price.

Trustee Robert B. Kelly moved, seconcledby Trustee Walter E. Nicoloff and unanimously carried that the Mayor, the Village Attorney, "the Villag_ Engineer, the Village Clerk and a member of the Village Planning Commission be authorized to attend a New York State Conference of Mayors' co_unfty development conference March 20-21, 1969, in batavia with expenses being authorized under Section 77-B of the General Municipal Law.

The Village Attorney reported that the residents of water district #7 in the Town of Aurora are in favor of transferring their interest in the water feeder line to the Village in lieu of paymont of the overdue water use charges. The Attorney further reported that the Town of Aurora officials do not agree to the transfer of this line under these conditions. ' '

After considerable_ discussion, Trustee Walter E. Nieoloff' moved, seconded by Trustee Robert B. Kelly and unanimously carried that a ten day final notice of payment for the past due charges against Water District #7 be sent by registered mail to Supervisor Henshaw of the Town of Aurora and that the residents of the Water District be notified of this action by 'phone by Ma_pr Cain.

The report of the Village Engineer to Tr_isteeRaymond A. Smith relative to the actions requiring emergency repairs to the 1960 Brockway truck No. 61094 came on for consideration.

The subject matter of this memo was noted and considered and after a discussion, it was moved by Trustee Raymond A. Smith, seconded by Trustee Robert B. Kelly and unanimously carried that this Board concurs in the findings of i_heVillage Engineer that an emergency situation existed requiring the imediate repair of the motor of the said Brockway truck which was immobilized in the repair shop of Brockway Trucks, Tonawanda, New York, and accordingly the payment of the voucher for $1,929.61 for the said emergency repairs all without formal bidding, all the same is hereby authorized and confirmed.

Trustee Kelly reported that the Village was receiving multiple requests from local residents for inclusion in the alarm receiving board for fire, burglary and other miscellaneous alarms located in the Village Police Station. A discussion developed that the capacity of the present Simplex panel board is nearly filled, thatwall space in the Village Police Station is limited, that an expansion of the present panel by the addition of further Simplex equipment would result in the most efficient use of the limited wall space and in the elimination of the requirement of purchasing expensive adapter equipment if an expansion was accomplished by the addition of other than Simplex

equipment.t

Following further discussion it was moved by Trustee Robert B. Kelly, seconded by Trustee James W. Ford and unanimously carried that it is in the public interest to standardize trponthe use of Simplex receiving and recording equipment in connection with the alarm receiving and recording panel board presently in use in the Village Police Statfon and accordingly it is resolved that the said Simplex connecting relays, connect- ingequipment, receiving equipment and recording equipment shall be the standard equipment used in connection with the said alarm receiving board for fire, burglary and other miscellaneous alarms.

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and unanimously carried that Acting Police Justice Joseph Mogavero and Police Detective Philip Mclntyre be authorized to attend the February 20 meeting of the Erie County Village Officials Association to be held in Orchard Park with expenses to be reimbursed according to the provisions of Section 77-B of the General Municipal Law.

Trustee James W. Fo_ moved, seconded by Trustee Robert B. Kelly and unanimously carried that Village Engineer O'Connor be authorized to contact consulting engineers, Krehbiel, Guay, Rugg & Hall, to make a preliminary survey for the possible rebuilding East Aurora, New York . February 17, 1969

. _ ..... + . , of Riley Street; to be included in the survey, necessary alterations to sewer and water lines.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and carried, that vouchers No. 866 'throughNo. 910 in the amount of $132,497.78 on the General Pund and vouchers No. 194 through No."205 in the amo_t oT $ "5,665.36 on the Water Fund, as audited by the Mayor and Trustees, be paid.

Trustee Raymond A. Smith mgved; seconded b)i.TrusteeWalter E, Nicoloff and unanimously carried that this meetfng adjourn at 11:50 P. M.

, Henry)4 . Sherwood.. , Village Clerk.

4 ,

i East Aurora, New York. March 3, 1969.

Minutes of the regular neeting of the Board of Trustees of the Village of East Aurora, New York, held in the BoardRoom at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, March 3, 1969, . at 8:00 o'clock_

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Robert B. Kelly, Water E. Nicoloff, Joseph L. Shed and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the regular meeting of February 17, 1969, be approved as presented and amended.

At 8:12 P. M., Mayor Cain recessed the meeting in order for the Board to enter executive session. The meeting reconvened at 9:25 P. M-.

A request by Bruce Young and Merle Curry, 128 Hamlin Avenue, to raise rabbits at 128 Hamlin Avenue was discussed. Investigation reports of the premises by the Village Engineer and by the Police Captain recommended denialof an animal permit.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and unanimously carried that the request of Bruce Young and Merle Curry to raise rabbits at 128 Hamlin Avenue be denied.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicolo_f and unanimously carried that the request of the East Aurora Jaycees to conduct their - - 7th Annual Easter Egg Hunt in H_mJ_':.Park,April 5, 1969, and a_so.-_Jlere_|_estto use a sound truck April 5 between the hours of 10:30 A. M."and 12:30 P. M., to advertise the :eventbe approved.

Mayor Cain read for the record replies from State Comptroller Arthur Levitt, Senator McGowen and Assemblyman Steingut, acknowledging the Mayor's co_nunication regarding the Village Board's position to have the State of New York assume the full retirement payments for VillagePolice.

The matter "ofunpaid p'ast-duewater service and repair charges by the Town Of Aurora for Water District #7 came on for consideration. Mayor Cain reviewed prior actions in the matter tO date. There remains $3,116.15 due. Mayor Cain advised that the Town o_ Aurora wishes to settle the account on the basis of a reduced amount of $2,517.92.

'Afterconsiderable discussion Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and unanimously carried, that the proposal of the Town of Aurora and Water District #7 as presented by Attorney John E. Dickinson be accepted and $2,517.92 be received in full payment of the past-due charges according to the following s6hedule:

PROPOSAL UNUSED WATER AURORA WATER DISTRICT NO. 7

••, t 2

East Aurora, New York March 3, 1969

•Unused water metered at Billed at • P_oposed charge the master meter during regular, at rate of $.466 the period in question rate per i00 cubic ft. Credit _

August i, 1966 " 15,900 $ 111.30 $. 74.09 $ 37.21 November i,1966 35,400 247.80 164.96 82,84 February 1, 1967 159,566 1116.92 743.58 373.34 May I, 1967 44,600 312.20 207.83 104.37 August i, 1967 3,300 23.10 15.37 7..73 November i, 1967 59,700 417.90 278.20 139.70 February i, 1968 ._ 81,600 571.20. . 380.56 190.64 May i, 1968 69.400 .485.80. •323.40 162.4@

.Total,Credit for Unosed Water

Statement as of August i, 1968 $ 3,1i6.15

Credit as "above " i_098.23

Balance due for unused watere $ 2,017.92

Village charge for maintenance of•line 500.00

Charge for water due March i, 1969 728.15 o Tendered per "aboveproposal $ 3,246.07

The matte_ of a request,by Mr. Monroe, 142 Sycamore Street, to correct a storm sewer difficulty concerning a storm sewer pipe passing through his basement was considered. The following report was submitted by the Village Engineer:

The storm sewer in question originates at the southeast corner of property formerly owned by Kreiger and recently,purchased by the Village for a Fire Department • parking lot. This sewer flows in a southwesterly direction crossing the following parceIs of private property: Blowers, Varley, Lewandowski, Long, Wheeler, Natale, Monroe and Fox _or a dist•ance•of about 400 feet before it emerges into the Sycamore Street right of viayand discharges into the Sycamore Street storm drain. This s.ewer passes beneath 1_heMonroe dwelling at about basement floor level with the westerly section of the floo1_•levelbeing raised to provide only normal crawl space. Present conditions cause seepage into the Monroe basement; hence the compl.aintfrom the Monroes that the basement is damp. The Monroes_!have requested that the Village accept responsibility for t_is .drain and remove it from their basement and rerou_e it across their property outside of the basement area to a point in the street, providing connection with the •existing storm drain. Research by the Engineer's Dff_ce and the V_llage Attorney indicates that no easements for this drain exist ; therefore, Village responsibility is questionable. Both the Attorney and Engineer reco_end that Mr. Monroe be notified that this storm drain be abandoned and the parking area at the Fire Hall be drained in another manner. TheEngineer confirms that this would be feasible.

After discussion , there being several questions deserving further research, the matter will be re-examined at the March 17 meeting after the Attorney has had an opportlmity to examine the title for 142 Sycamore Street. A photographic exhibit of-the pipe passing through the basement will also be available for study at the March 17 meeting. s /3' , East Aurora, New York March 3, 1969

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that the dog control contract with Robert Bove for the period Narch I, 1969 through May 31, 1969, be renewed on the same basis as the previous contract; and Mayor Cain be authorized to execute the papers for the Village.

The proposed capital expenditures budget for 1969-70 as presented to the Village Clerk February 28 by the Capital Expenditures Committee was discussed briefly_ This budget will be refined and will be part of theVillage General Fund Budget for 1969-70.

It was reported by the Village Attorney that an appeal by the Sherwin-Williams Company to the Zoning Board of Appeals regarding this Board's refusal to grant a sign permit for 628 Main Street was granted:bY said Zoning Board of Appeals after a hearing on the matter.

Trustee David P. Elmer moved, seconded by Trustee Joseph L.'Shed and unanimously carried that the East Aurora Boys Club be grantedpermission to tap.certain maple trees in Hamlin Park under proper Supervision. The profit derived from any sugar obtained will be donated to the Boys Club?. It is _understood that the trees will be _....._,c._'._._r'._ , pToperl_ restored and cared for after the sap season terminates.

A cor_plaintof an abnormal water bill by Albert Rutecky, 140 Olean Street, was discussed at length. The discussion indicated that there is aremote possibility that there could have been a _emporary malfunction of the water meter.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that because of the possibility of meter malfunction Mr. Rutecky be rebilled on the basis of an ave±age useage for this quarter and that the meter be replaced immediately. •. t Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and carried that vouchers No. 911 through No. 969 in the amount of $24,374.89 on the General Fund and vouchers No. 206 through No. 219 in the amount of $5,423.32 on the Water Fund, as audited by the Mayor and Trustees, be paid. .

Upon a motion of Trustee Robert B. Kelly,,seconded by Trustee Raymond A. Smith and unanimously carried, that this meeting adjourn at 11:30 P. M.

• .' " ]..... ,, I, . . .,

East Auro[a, New .York.,.• : March 17, 1969.

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Yi.llageHall, corner of Main and Paine Streets, East .Aurora, Now York, onMonday..evening,.Marchrl7 ,__1969; at 8:00 P. M. o'clock." • " • _.... " '.."

There were present, .the following: Messrs. J. Forrest Cain,' Mayor presiding David P. Elmer, James .W. Ford, Robert B. Kelly, Walter E. Nicoloff, Joseph L. Shed and _aymondA. Smith, Trustees, comprising a quorum of the. Board; also Messrs. Walter W. Howitt, Village Attorney;_Jame_ R. O'Connor, Village Engineer and Henry A, Sherwood, Village Clerk. '

Trustee Raymond A. •Smith moved, seconded by.Trustee David P. Elmer and unani- s /3' , East Aurora, New York March 3, 1969

Upon a motion of Trustee Robert B. Kelly,,seconded by Trustee Raymond A. Smith and unanimously carried, that this meeting adjourn at 11:30 P. M.

• .' " ]..... ,, I, . . .,

East Auro[a, New .York.,.• : March 17, 1969.

Trustee Raymond A. •Smith moved, seconded by.Trustee David P. Elmer and unani- 4

East Aurora, New York March 17, 1969.

mously carried that-the minutes of the regular meeting of March 3, 1969, be approved as submitted and corrected.

Mr. Clarence Colkitt, f72 King Street, presented a petition containing 30 signatures.of King Street mld,Persons Street- residents requesting thatthese streets be repaved including curb:ingand sidewalks during the 1969 construction sea_on.. . , . f .. Mayor cain in discussing the petition advised that the rebuilding of these streets had been postponed by,,'._h.eCapitalExpenditures-Committee from the Spring of 1969 schedule to the-Spring:of 1970. This decision,had,'ibeenmadewhen it was learned that the Count),of Erie intends to rebuild Girard Avenue this Spring and the Village would be obligated to pay certain costs of this rebuilding.

After considerable discussion of the-matter,.,TrusteeJames W..Ford moved, seconded by Trustee David ,P. El,herand.unanimously carried, that the estimated cost of rebuilding King Street and Persons Street:be raised.from an original,estimate of $i00,000 to $i16,000to include the .cost of.sidewalk construction and to allow for a possible'raise in constl_ction cost.

It w_m noted that the rebuilding of Kin_:Street Bnd Persons Street during the 1969 season would,necessitate anincrease to the Capital Expenditures budget of $16,000. J

Trustee James W. Ford offered the following resolution and moved its adoption:-

BOND.RESOLUTION OF THE VILLAGE OF EAST AURORA, NEW.YORK, "ADOPTED MARCH .17,1969,:AURHORIZING THE CONSTRUCTION.AND PAVING-OF VILLAGE STREETS OR PORTIONS THEREOF, IN SAID !tILLAGE,STATING THE ESTIMATED MAXIML_ COST THEREOF IS $116,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE APPROPRIATION OF $6,000 CURRENT FUNDS AS THE .DOWNPAYMENT AND AUTHORIZING THE ISSUANCE OF $ii0,000 • SERIAL BONDS OF THE VILLAGE TO FINANCE THE BALANCE OF.THE -,. APPROPRIATION. :.

THE BOARD OF TRUSTEES OF THE..VILLACEOF EAST AURORA; IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (bythe .favorable-vote.of not-less than two-- thirds of all the members of said Board) AS FOLLOWS:

Section i. The Village of East Aurora (herein called 'U/illage"),in the County of Erie, New Ygrk,-'ishereby authorized to construct and pave Village streets or portions thereof, in the Village, using flexible pavements with penetration macadam or plant mix bottom course and heavy duty bituminous concrete wearing surface, including curbs, gutters, drainage, landscaping, grading and i_proving the rights of way and invprovementsin.connection therewith. The estimated maximum cost of said class of objects or purposes is $116,000, including preliminary costs and costs incidental thereto and the fin- ancingthereof, and the said amount is hereby appropriated therefor, including the appropriation of $6,000 current funds as the down payment. -The plan of fin_cing includes the use of aaid current funds, the issuance of serial bonds to finance the balance..:of the appropriation, and the levy of a tax upon all the'taxable real property in _he Village to pay the principal of said bnnds and the interest thereoh. It is anticipated that 20% of the cost of said class c[.objects or purposes will be specially assessed on property specially benefitted thereby and the amounts thereof.assessed,l_vied,and collected shall be budgeted as an offset to such tax.

Section 2. Pursuant to .theprovisions of the Local Fir)onceLaw, constituting Chapter 33-a of the Consolidated Laws of the State-of New York (herein called "Law") 5

East Aurora, New York March 17, 1969

serial bondg in the principal amount of $ii0,000 of the Village are hereby authorized tO be issued toTinance that portion of the costs of said class of objects or purposes not provided by said current funds.

Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the class of objects or purposes for which the bonds_authorized by this resolution are to be issued within the limitations of Section ii.00 a. 20 (c) of the Law, is fifteen (15) years. (b) Current funds are required by the Law to be provided as a down payment prior to the making of expenditures for a specific•capital improvement from the proceeds of the bonds herein authorized or of any notes in anticipation of the sale of said bonds or from a fund into which such proceeds are paid, and such current funds in the amount of $6,000 have been made available by appropriation in the 1968-1969 budget of the Village under the heading "Contingent Funds." The Village Treasurer is hereby authorized and directed to set aside said moneys provided by said appropriation and to apply the same solely to the said class of objects or purposes in Section 1 hereof. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) Twenty per centum (20%) of the cost of said class of_objeCts or purposes will be specially assessed on property specially benefited thereby.

Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of such bonds, shall contain the recital of validity prescribed by _§52.00 of the Law and said bonds and any notes issued in anticipation thereof, shall be general obligations of the Village, and the Village hereby irrevocably pledges its faith and credit to the punctual payment of the principal thereof and the interest thereon and there shall be raised annually by tax on all the taxable real property in the Village, a sum sufficient to pay the principal of and interest on said bonds as the same shall become due and payable.

Section 5. Subject to the provisions 0f this resolution and the Law, and pursuant to the provisions of §30•.00relative to the authorization of the issuance of bond anticipation notes and of §50.00 and §§56.00.to 60.00 of the Law, the powers and duties of the Board of Trustees relative to prescribing the ten_s, form and contents and to selling and issuing the bonds and bond•anticipation notes issued in anticipation of said bonds, or the renewals thereof, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village.

Section 6." It is further_stated that the validity of the bonds authorized by this resolutibn, and of any notes issued in anticipation of said bonds, may be contested only if:- (a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money; or

(b) the"provisions of law which should be cu,_lied with at the dat'eof the publication:of such resolution • are not substantially complied withJ :

and an action, suit or proceeding contesting such validity is con_aencedwithin East Aurora, New York March 17, 1969

twenty days after the date of such publication, or

Section 7. q_is resolution shall take effect i_nediately.

The adoption of the foregoing resolution was seconded by T_ustee Robert B. Kelly and duly put to a vote on roll call, which resulted as follows:

AYES: Trustees Robert,B. Kelly, James W. Ford, Raymond A. Smith, David P. Elmer, Vladimir E. Nicoloff, Joseph L. Shed and Mayor J'. F. Cain. "

NOES : None. ."

The resolution was declared unanimously adopted.

Trustee James W. Ford offered the following resolution and moved its adoptionL

_SOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EAST AURORA, IN THECOUNTY OF ERIE, NEW YORK, AS FOLLOWS:

Section i. The Village Clerk is hereby directed to publish the fqre- going bond resolution, in full, in the "EAST AURORA ADVERTISER," a newspaper published in East Aurora, New York, and having a general circulation in said Village, which flewspaper is hereby designated as the official newspaper of the Village for such publication, together with the Village Clerk's statutory notice substantially in the formas prescribed by Section 81.00 of the Local Finance Law of the State of New York.

Section 2. This resolution Shall take effect i_ediately.

The adoption of the foregoing resolution walsseconded by Trustee David P.. Elme_ and duly put to a vote on roll call, which resulted as follows: .:

AYES: Trustees Robert B. Kelly, James W. Ford, Raymond A. Smith, •David P. Elmer, Vladimir E. Nicoloff, Joseph L. Shed and Mayor J. Forrest Cain.• " i . NOES : "None.

The resolution was declared unanimously adopted. _

Trustee James W. Ford moved, seconded by Trustee Robert B. Kelly and unanimously carried tJmt the Village Engiheer be authorized to advertise for bids on the repaving of King Street amd Persons Street ihcluding the instllation of curbS, gutters and sidewalks where necessary. Said bids to be opened April 21, 1969_ The matter of a stor__Newer drain presently passing through the basement of 142 Sycamore Street was considered. Village Attorney Howitt advised that two previous surveys of the property in 1922 and 1930 failed to indicate any easement for said store drain. There is no apparent information and no proof Of who installed the original drain and when. Village Engineer O'Connor substantiated that the Attorney's observation that there is no existing record of the construction of the drain in question. East Aurora, New York March 17, 1969.

After very lengthy discussion, various actions being recc_ended, Trustee James W. Ford suggested that, by consent, the Village Engineer be directed to explore the problem fully and completely and report his findings at the April 7 Board meeting.

Mr. Uno Elder, 26 North Willow Street, advised the Trustees that the Shell Gasoline Service Station at Main and North Willow Streets is selling used cars at said station, "some of which are obstructing pedestrian•and motor vehicle traffic entering Main Street and North Will_. Recently installed advertising signs on the Shell Service Station property also obstruct vision of motorists entering Main Street from North Willow. The matter will:be investigated and handled by the Police Department.

A request was received from Nancy Barber, President of Epsilon Alpha Gmmna Sorority, asking permission for the Sorority to use Hamlin Park Pavilion for a hootenanny to raise funds for the starving people of Biafra.

After consideration,:Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that _he use of the pavilion -inHamlin Park be granted to Epsilon Alpha Gamma 8orority to conduct a hootenanny at a mutually agreeable time with the Aurora Players. Said hootenanny to raise funds to buy food for Biafra_ Permission is granted providing the affair is chaperoned and fire police are in attendance.

The Village"Clerk reported that invoices of only three out of the Village users of the Village sewer system remain unpaid for service. These payments are expected before the May 31 Closing of the current year.

Mayor Cain discussed the provisions and prohibitions of the open burning ordinance of the VilIage, Section 140 of Article XIV of:Chapter i0 of the Village Ordinances .' The Mayor explained that this ordinance conforms to the regulations of Erie County and State of New York air pollution laws. The Mayor further advised that open burning except for reason of cmmp fires, back-yard food cooking and Fire Department training are prohibited. T_fePolice Department and"Fire Department are aware of the ordinance and will investigate v_olations and enforce the law.

' Mayor Cain presented the Police, Fire Alarm Clerk and Dog Control reports for.rJhemonth of February. Aftem_kliscussion,the reports were ordered-to be filed.

Trustee Walter E. Nicoloff reportedthat during the month of February 28,400,000 plus gallons of raw water were pumped. This is an average pumping of 1,015,670 •gallons per day.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nfcoloff and unanimously carried that the Village •Clerkbe authorized to attend a municipal clerks certification training school at Syracuse University August 10-16, 1969, with expenses to be reumbursed according to Section 77_B of the General Municipal Law. ....

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and unanimously carried that this•meeting recess until March 24 for budget deliberation. •_ * Trustee David P. Elmer noted that this is the last official meeting attendance for Trustee Joseph L. Shed. Mr. Elmer co_plimented Mr. Shed upon his ardent work on behalf of the Village and suggested he be presented with a permanent cu1m,emora- ti_e plaque. 8

East Aurora, New York March 17, 1969.

Trustee David P. Elmer further suggested that all retiring trustees for service five years or more be so:honore'd_ .Village Clerk"Henry_A. Sh'erwoodwill report his concerning the procurement of a suitable plaque honoring Trustee Shed. .. • .. Trustee Da_d P. Elmer moved, seconded by Trustee Robert B. Kelly and unanimously ca1_riedthat a suitable remembrance plaque be prepared in honor of Trustee Shed.

After discussion:of the proposed sign"ordinaffce,it was agreed that all present revisions will be included in 'a reprinting of.the entire proposed ordinance. A public hearing on the ordinance wil'lbe determined at the April 7 Board meeting.

Acc0rding.to the requirements of a resolution enacted in 1955, a letter of resignation was received i_romVillage Attorney Walter W. Howitt, effective at noon, April 7, 1969.

Trustee Robert B. Kelly offered th'efollowing resolhtion:

BE IT RESOLVED: that the Board of Trustees of the Village of East Aurora does hereby elect to provide the additional pension benefits of Section 375_e of the Policemen_s and Firemen's Retirement Law, as presently or hereafter amended, and entitled "guaranteed retirement benefits for employees bf participating employers"; and BE IT FURTHER RESOLVED: "that this election sh'allbecome effective - with the payroll period beginning on the first day of April, 1969.

The motion was seconded by .TrusteeJs_aesW. Ford and unanimously carried. ••, ,, • ...... ° Trustee Robert B. Kelly offered the following resolution: :_.

BE IT RESOLVED: that the Board of Trustees: of the Village of East Aurora does hereby elect to provide the additi_onalpension benefits of Section 75-e, as presently or hereafter amended, and entitled "guaranteed retirement benefits for employees of participating employers'!;and BE IT FURTHER RESOLVED: that this election shall bec_e effective with the payroll period beginning on the first day "ofApril,"1969.

The motion was seconded by Trustee Raymond A. Smith and unanimously carried.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that a building permit application for an addition to a building at 411 Main Street, being in order, the same be approved.

Trustee Joseph L. Shed moved, seconded by Trustee David P. Elmer and carried that the sign application of Willink Real Estate to erect a sign in the front yard of 160 Oakwood Avenue in the "C" zone; being in order, a permit for.said sign be granted _ . provided said sign does not overhang the sidewalk.

Trustee Robert B. Kelly _oved, seconded by Trustee Walter E. Nicoloff.and unanimously carried that the Police Chief be authorized to advertise for bids for the purchase of a 1969 police cruiser; said bids to be opened April 7, 1969.

Trustee Robert B.'Kelly moved, seconded by Trustee Raymond A. Smith and carried that vouchers No. 970 through No. 1036 in the amount of $20,715.77 on the General Fund and vouchers No. 220 through No. 232 in the amount of $3,689.78 on the Water Fund, as audited by the Mayor and Trustees, be paid. CERTIFICATE OF CANVASS

This is to certify that an Annual Election was held at the

Village Mall, 571 Main Street, in the Village of East Aurora, on the 18th day of March 1969. That at such election the total number of votes was _3

That _O votes were cast for Robert B. Kelly for Trustee for (2) two years.

That _ votes were cast for Raymond A. Smith for Trustee for (2) two years.

That _i votes were cast for Vladimir E. Nicoloff for Trustee for (I) one year.

That _ votes were cast for Richard F.'Grant for Trustee for (2) two years.

That 3_ _ votes were cast for Neal Jacobus for Trustee for (2) two years.

That _3_ votes were cast for Roland B.Smith for Trustee for (2) two years.

That _ votes were cast for Edward M.Z_mmerman for Village Justice for (4) four years.

STATE OF NEW YORK ) COUNTY OF ERIE ) ss:

We, Albert W. Booth, Jr., Florence Burnett, Catherine L.

Smallback, Eleanor H. Jennings, being duly sworn, depose and say, each for himself, was an Inspector of Election held in pursuance of the annexed notice, and that the foregoing is a true canvass of the vote cast at such.

_l_t_C[ W. Booth, Jr.// Florence Burnett

Catherine L. Smallback Eleanor H.Jennlngs <

Subscribed and sworn to before me this 18th day of March 1969. OATH OF INSPECTORS

STATEOF NEW YORK ) COUNTY OF ERIE ) ss:

We, Albert W. Booth,Jr.,Florence Burnett,Catherine L. Smallback, Eleanor H. Jennings, solemnly swear that we will

support the Constitution o£ the United States and the Constitu-

tion of the State of New York; that we will faithfully discharge

the duties of the Office of Inspectors of Election at the Annual

Election of the Village of East Aurora, held on March 18, 1969,

according to the best of our ability. We do further solemnly

swear that we will not in any manner request or seek to pursuade

or induce any elector to vote in any particular manner; that we will not make or keep any memoranda or entry of anything occu_ing within the booth, that we will not directly reveal to any person how any elector voted, or anything occu_ing within the voting

booth except that we may be called upon to testify in a Judicial

proceeding for a violation of the Election Law. • _ibert W. Booth, Jj /

Florence Burnett

Subscribed and sworn to before me this /0 day

of__969. OATH OF POLL CLERKS

STATE OF NEW YORK ) COUNTY OF ERIE ) SS-

Virginia H. Stewart, Milton O. Cederquist, each do solemnly swear that we are citizens of the Village of East Aurora,

Erie County, New York; that we will support the Constitution of the United States, the Constitution of the State of New York;

that we will faithfully discharge the duties and office of Poll

Clerks at the Annual Village Election of March 18, 1969, ac-

cording to the best of our ability. We do further swear that we will not in any manner request or seek to pursuade or induce

any elector to vote in any particular manner; that we will not

take or keep any memorandum or entry of anything occurring with-

in the booth; that we not directly or indirectly will reveal to

any person how any electors voted, or anything occurring within

the voting booth except we may be called upon to testify in a

judicial proceedings for a violation of the Election Law.

0 V_inia H. Stewart

Subscribed and sworn to before me this /_ day _of _e__ch 1969 ...... "_ __ - ...... 9

East Aurora, New York March 17, 1969. • ' i i

Ti:usteeWalter E. Nicoloff moved, secon'dedby"Trustee Raymond'A. Smith and unanimously carried, thatthis meeting recess at i0:'i5P. M., until March 24, 1969 at 8:00 P. M.

_enry _ , " g /

East Aurora, New York March 24, 1969.

Minutes of the recessed meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Village Hall, corner of Main andPaine Streets, East Au_o_:_,NewYork,.on Monday evening, .March 24, 1969, at 8:00 P.M. This meeting was the continuation of the regular meeting of March 17, 1969, duly recessed to this date.

There Were present the following: Messrs. J. Forrest Cain, Mayor presiding ; David P. Elmer, James W. Ford, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney and James R. O'Connor, Village ENgineer. 'Trustee elect Neal Jacobus was also present as an observer at this meeting.

Absent was Trustee Joseph L. Shed.

The Board heard a presentation by Messrs. Den McAnern and Robert McNally of the Prudential Life Insurance Company relative to improvements in the Village employees' life insurance program. The Board found this presentation interesting and valuable. ':

The Board next undertook a consideration of the proposed 1969-1970 General Fund Budget and Water Fund.Budget. Mr. William Mahaney of Mahaney & Company was present to exl_lain the several categories offigures constituting _he tentative budget and answered questions posed by the several Board members. This discussion and study was concluded'at about11:00 P. M.

The Board next considered the matter of the continuing negotiations with the Quaker Club Negotiating Unit relative "to the terms of employment coveringmembers of the Police Department and Crossing Guards.

Trustee Robert B. Kelly reportedto, the Board that the coLmter-proposals - to this Negotiating Unit were generally, acceptable.

• After a further discussion, it was 'moved by Trustee Raymond A. Smith," seconded by Trustee Robert B. Kelly .and carri6d _it_h no opposing votes that the provisions contained in the counter-proposal of' this Board to the Quaker Club Negotiating Unit constitute the terms ofthe proposed emt_loyment contract which are agreeable to this Board. ' .... :'

Village Engineer James. R. O'Connor reported, to the Board that the counter-proposals made • by this. Board.to Village of.East Aurora Department of Public Works Association • relative to the proposed employment contract covering the members of the Village Department of Public Works were generally acceptable: ,to the said Public Works Association. : J * Following a further discussicn, it was moved by Trustee Robert B. Kelly, seconded . by Trustee Walter E. Nicoloff and carried with no opposing votes, that the terms and i0 East Aurora, New York March 24, 1969.

conditions contained in the counter-proposal of the Board made to the Village of East Aurora Department of Public WorldsAssociation Bargaining Conmittee constitute•terms and conditions of the employment contract based thereon which•,are agreeable,to this Board.

Upon direction of Mayor Cain and the consent of the Board, The Village Attorney and the Village Engineer were directed to take the steps necessary to reduce the agreements reached with thr Quaker Club Negotiating Unit and the Village of East Aurora Department of Public Works Association to the form of properly drafted employment contracts.

Trustee James W. Ford then introduced the matter of the continuation of the sidewalk repair program. _.... _ ..,: _. . , _ .....

Following a discussion, it was moved,by Trustee James W. Ford, seconded.by Trustee Robert B. Kelly and"carried with no opposing votes ,•that the Capital-Expenditures f Budget, dated March 1_;,1968and heretofor adopted by this Board in April, 1968, and as amended be further amended to include therein as part of the program for fiscal 1968- 1969, fl3erepair of sidewalks•at a cost of $17,000 with a down payment of.$i,000 to be provided from current funds.

Trustee James W. Ford offered,the foi&_ing.resolution and moved its adoption: BoNDRESOLUTIONOFTHEVILLAGEOFEASTAm 0RA,NEWYORK, ADOPTED MARCH 24, 1969, AUFHORIZING THE CONSTRUCTION AND RE- CONSTRUCTION OF SIDEWALKS ON AND"ALONG"VILLAGE STREETS OR PORTIONS THEREOF, IN SAID VILLAGE, STATING THE ESTIMATED MAXIMUM COST THEREOF •IS $17,000, APPROPRIATING"SAID AMOUNT.THEREFOR, INCLUDING THE •APPROPRIATION OF $1,900 CURRENT.FUNDS AND ALFfHoRIZINGTHE ISSUANCE• OF $16,000 SERIAL BONDS OF THE VILLAGE'TO•FINANCE THE BALANCE OF

SAID APPROPRIATION. u

THEBOARD OF TRUSTEES .OF THE'VILLAGE OF EAST AURORA, IN THE COUNTY OF ERIE, NEW YORK, HEREBY •RESOLVES (by the favorabl_ vote of not less than tworthirds of all the_members of said.Board) AS FOLLOWS :

.... 1 -.. Section i. The Village of East Af_ro_a (herein called '_illage"), in the Cotmty•of •Erie, New York_ is hereby authorized to .construct.and reconstruct concrete sidewalks on and along Village streets or portions thereof, in the Village. The estimated maximum cost of said,class,of 6bjects or•purposes, including _reliminary costs and costs incident_l thereto and the financing thereof, is 17,000 and the said •amount is hereby,appropriated therefor, including _lie appropriation of'$i,000 current funds now available for said purpose in the 1968=1969 budget :of the Village. The plan of"financing includes the expenditure of said current funds, the issuance of said bonds to finance the b_!ance'_of•said appropriation and the le_/ of a tax .upon all the t@xable,_real•.propertyin the Village to pay the prin- cipai-of•said bonds and the interest•thereon. It is anticipated that.60%.of the cost of said class of objects or purposes will be specially assessed on property specially benefited thereby and the_•amountsthereof assessed, levied and collected shall be budgeted as ah offset to such taxes.

Section 21 Pursuant to the provisic_s of.the•Local Finance Law, constituting Chapter 33-a of the 'Cons'olidated•Lawsof the.State •of,New York (herein called - "Law"), serial bonds in•th_ principal amount of $16,000,of the Village are hereby authorized to be issued to finance that portion,of the cost of said class of objects or purposes not provided by said current funds. _ ,.

Section 3. The following additional matters.are .hereby determihed and stated: East Aurora,'New York March 24, 1969

(a) The period of probable usefulness of the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section ii.00 a. 24 of the Law, is ten (i0) years, Co) Current funds are to be provided prior to the issuance of said $16,000 serial bonds or any bond anticipation notes in anticipation of the sale of skid bonds and such current funds in the amount of $i,000 are now available therefor from moneys appropriated therefor in the 1968-1969 budget of the Village under the heading "Contingency Fund." The Village Treasurer is hereby authorized and directed to set aside said current fun_Isand apply them solely to the payment of the cost of constructing and reconstructing •said sidewalks. (c) The proposedmaturity of the bonds authorized pursuant to this resolution will exceed five (5) years. (d) Sixty per cent_ (60%)of the cost of said class of objects or purposes will be specially assessed on property specially benefited thereby.

-./ Section 4. Each of the bonds authorized by this resolution and any bond anticipationnotes issued in anticipation of the sale of such bonds shall contain the recital of validity prescribed byg 52%00 of the Law and said bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Village and shall be 9ayable as to both principal and interest by general tax upon all the taxable real property within the Village without limitation of rate or amount. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and provisions shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption Of the bonds to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 5. Subject to the provisions of this resolution and pursuant to §30.00 relative to the authorization of the issuance of bond anticipation notes and of §50.00 and 8_56.00 to 60.00 of the Law, the powers .and duties of the Board of Trustees =relative to prescribing the tenBs, 'fore and c61itentsand as to the sale and issuance of the bondsauthorized by this resolution and of any nQtes issued in anticipation of said bonds, and the renewals thereof, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village.

Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of said bonds, .may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or (b) the provisions of law which should be complied with • - at'thedate of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such v_lidity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution.

Section 7_ This resoluti_onshall take effect in_ediately.

The adoption of the foregoing resolution was seconded by Trustee Robert B. Kelly and duly put to a vote on roll call, which resulted as follows:

AYES: Trustees Robert B."Kelly, James W. Ford, Raymond A. Smith,• 1 2 East Aurora, New York March 24, 1969.

David P. Elmer, Vladimir E. Nicoloff and Mayor J. Forrest Cain.

•NOESi ' None .... "- .. ,.. The resolution Was _declared adopted.. _ ......

rrus._tee.James W, -Ford offered the following_resolution and moved"its adoption: RESOLVEDBY OFTRUSTEESOFTHEWLLAGEOFEASTAURORA, IN THECO .UNTYOF ERIE;.NEW YORK, AS.FOLLOWS:

Sectionl. The Viliage Clerk is hereby directed to pubiish the foregoing bc_d resolution.,in full, _n the "EAST AURORA ADVERTISER", a newspaper published in East Aurora, New York, and having a general circulation in said Village, which newspaper is hereby designated as the official newspaper of the Village for such publication, together with the Village Clerk's statutory notice substantially in the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York......

Section 2..iThis resolution shall take effect im_diately_

The adoption of the f9regoing resolution was seconded by .Trustee Robert B. Kelly and duly put_tga vote on roll call, which resulted as follows:

AYES: Trustees Robert B. Kelly,•James.W. Ford, .Raymond A. smith .._ ....,. David P. Elmer, Valid_mir E. Nico!offiand Mayor J. Forrest.Cain.

- _"NOES:" None ...... : . . ..

The resolution was declared adopted.

It was then moved by Trt_stee James W., Ford, seconded by Trustee David P, Elmer and duly carried with no opposing votes that Vil!age Engineer O'Connor be authorized to prepare a notice to bidders and She necessary.specifications for.the construction' and repair of sidewalks in the Village of East Aurora. .; • s, -. It was then moved by Trustee Raymond A. Smith, seconded by Trustee WaterE. Nicoloff that the regular Board neeting of March 17, 1969, be further recessed to convene atthe _/illageHall on-Monday evening, March 31;•1969, at.8:00 P.M. Upon being put to a _ote, this motion was duly carried with no opposingvotes and this meeting was accordingly recessed to March 31, 1969.

7 ""i " "

Na_ter_W._:Hew_txl,Village _tto_ey.

. East Aurora, New York March 31, 1969._

Minutes of the recessed meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Village Hall,,corner of Main and Paine Streets, East Aurora, New York, on Monday evening, March 31, 1969, at 8:00 P. M. This meeting was the continuation of the regular meeting of.March 17, 1969.,duly recessed to this date.

There were present the following: Messrs. J. Forrest Cain, Mayor presiding, David P. Elmer, .Robert-B. Kelly, Walter E. Nicoloff and Raymond A . Smith, _rustees 1 2 East Aurora, New York March 24, 1969.

David P. Elmer, Vladimir E. Nicoloff and Mayor J. Forrest Cain.

•NOESi ' None .... "- .. ,.. The resolution Was _declared adopted.. _ ......

rrus._tee.James W, -Ford offered the following_resolution and moved"its adoption: RESOLVEDBY OFTRUSTEESOFTHEWLLAGEOFEASTAURORA, IN THECO .UNTYOF ERIE;.NEW YORK, AS.FOLLOWS:

Section 2..iThis resolution shall take effect im_diately_

The adoption of the f9regoing resolution was seconded by .Trustee Robert B. Kelly and duly put_tga vote on roll call, which resulted as follows:

AYES: Trustees Robert B. Kelly,•James.W. Ford, .Raymond A. smith .._ ....,. David P. Elmer, Valid_mir E. Nico!offiand Mayor J. Forrest.Cain.

- _"NOES:" None ...... : . . ..

The resolution was declared adopted.

7 ""i " "

Na_ter_W._:Hew_txl,Village _tto_ey.

. East Aurora, New York March 31, 1969._

There were present the following: Messrs. J. Forrest Cain, Mayor presiding, David P. Elmer, .Robert-B. Kelly, Walter E. Nicoloff and Raymond A . Smith, _rustees East Aurora, New York. March 31, 1969. I

comprising a quorum of the Board; also Messrs. James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk. Trustee-elect Neal Jacobus was also present as an observer at this meeting......

Absent were Trustees _Joseph L. Shed and James W. Ford.

The Trustees continued their deliberation oN the several items contained in the

1969-70 General Pond Budget as presented at thel recessed , meeting of March 24, 1969.

After considerable deliberation, the meeting adjourned at 11:30 P. M.

"Henry Ay_h_rwodd," Village Cl_k.

East Aurora, New York. /tpril 7, 1969.

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday, April 7, 1969, at eight o'dlock in the evening.

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney, James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

There were absent Trustees James W. Ford and Neal Jacobus.

Village Clerk Henry A. sHerwood administered the oath of office to re-elected Trustees Robert B. Kelly, Raymond A. Smith and Walter E. Nicoloff. Thereupon these trustees took their places at the Board table.

Mayor J. F0rrest Cain announced the Board c_Ju_Littee'schairmenandfco-chairmen for the 1969-1970 year, as follows:

Deputy Mayor Robert B. Kelly

Division of Public Safety Mayor J. Forrest Cain, Chairman

Division of Finance & Control Robert B. Kelly, Chairman Raymond A. Smith, Co-Chairman

Division of_Streets James W. Ford, Chairman Neal Jacobus, Co-Chairman

Division of'Water Walter E. Nicoloff, Chairman David P. Elmer, Co-Chairman

Division of Maintenance Raymond A. Smith, Chairman • Robert B: Kelly, Co-Chairman

Divisic_ of Sanitation Neal Jacobus, Chairman James W. Ford, Co-chairman

Division of Parks & Recreation : : ; David P. Elmer, Chairman Walter E. Nicoloff, Co-Chairman East Aurora, New York. March 31, 1969. I

Absent were Trustees _Joseph L. Shed and James W. Ford.

The Trustees continued their deliberation oN the several items contained in the

1969-70 General Pond Budget as presented at thel recessed , meeting of March 24, 1969.

After considerable deliberation, the meeting adjourned at 11:30 P. M.

"Henry Ay_h_rwodd," Village Cl_k.

East Aurora, New York. /tpril 7, 1969.

There were absent Trustees James W. Ford and Neal Jacobus.

Mayor J. F0rrest Cain announced the Board c_Ju_Littee'schairmenandfco-chairmen for the 1969-1970 year, as follows:

Deputy Mayor Robert B. Kelly

Division of Public Safety Mayor J. Forrest Cain, Chairman

Division of Finance & Control Robert B. Kelly, Chairman Raymond A. Smith, Co-Chairman

Division of_Streets James W. Ford, Chairman Neal Jacobus, Co-Chairman

Division of'Water Walter E. Nicoloff, Chairman David P. Elmer, Co-Chairman

Division of Maintenance Raymond A. Smith, Chairman • Robert B: Kelly, Co-Chairman

Divisic_ of Sanitation Neal Jacobus, Chairman James W. Ford, Co-chairman

Division of Parks & Recreation : : ; David P. Elmer, Chairman Walter E. Nicoloff, Co-Chairman : East Aurora, New York April 7, 1969._,

Mayor J. Forrest Cain then announced his appointments to the various lay commissions and cu_u_Littees,asfollows : ,:

PLANNING CO_ISSION Francis C/Meyer Succeeding himself to 4/i_/72

Craig Butt, Jr. Succeeding himself to 4/1/72

Morris R. Anderson " Succeeding himself to 4/1/72

Fred D. Gardner Succeeding himself to 4/i/71

ZONING BOARD OF APPEALS John H. Minsker Chairman to 4/1/70

._ Leslie W. Sly Succeedin_ himself to 4/1/72

Joseph B. McCormick • . ,Succeeding'himself.to 4/1/.72 -

RECREATION COmmISSION .Edward Koc_ " (Village Members) . .,.Succeeding himself to 4/1/75

Jay F. Marshall, Jr. to 4/1/70

HUBBARD LIBRARY Arthur P. Rittner Succeeding himself to 4/i/72

SAFETY CO_MITFEE Ralph J. Dona, Chairman Succeeding himself to 4/1/72

Walter P. Doe Succeeding himself to 4/1/70

Raymond J. Miller _- Succeeding himself to 4/I/X2

J" Carl F. Dietsche Succeedin_ himself to 4/1/72 '.

M. Raymond Smallback to 4/1/.70

The foll_ing annual resolutions were thereupon made by the .Trustees:

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and carried, with no opposing votes, Mr. Walter W. Howitt was appointed Village Attorney for the ensuing year.

Trustee Robert B. Kelly moved, seconded by Trostee Raymond A. Smith and carried • '_ with no opposing votes, that the official deposftories for ;Village Funds will be East Aurora, NewYork April 7, 1969. -

follows : East Aurora Office of the Marine Midland Trust Co., East Aurora Branch of the National Bank and Trust Company a6d the East Aurora Branch of Manufacturers & Trust Co.

On motion.of Trustee Walter E. Nicoloff_ seconded by Trustee David P.Elmer and carried with no opposing.votes, that the East Aurora Advertiser be named the official newspaper_of the Village. i On motion of Trustee Robert.B. Kelly, seconded by Trustee Walter E. Nicoloff and carried with no opposing votes, that the Village Board's regular meeting be held on the first and third Monday of each month at 8:00 P. M., except the first Monday of September. The first September meeting will be held on Monday, September 8th with the second meeting September 22nd.

On motion of Trustee Walter E. Nicol_f, seconded by Trustee Raymond A. Smith and " carried with no opposing votes, that Trustee David P. Elmer be appointed_Board representative to the Boy's Club. J On motion of Trustee Robert B. Kelly, seconded by Trustee Walter E. Nicoloff and carried with no opposing votes, that the Village adopt Daylight Saving Time for 1969, in accordance with the schedule .adoptedby the State of New York. -

On motion of Trustee David P. Elmer, seconded by Trustee Robert B. Kelly and carried with no opposing votes, the following were authorized to attend the Conference of Mayors annual meeting Junel -5, at Rochester: Mayor, Trustees, Attorney , Clerk, Engineer and Police Justice. _.

On motion of Trustee Walter E. Nicoloff, seconded by Trustee David P. Elmer and carried with no opposing votes, the following were authorized to attend the eight meetings of the Erie County Village Officials Association during the ensuing year: Mayor, Trustees, Clerk, Engineer, Assistant tothe Engineer, Attorney, Police Chief, Police Captain, Fire Chief or his representative, Deputy•Clerk.. " ' ."

Upon motion of Trustee Walter E. Nicoloff, seconded by Trustee Robert B. Kelly and carried with no opposing votes,that Mayor J. Forrest Cain is authorized to attend the Conference of Mayors Executive-&.Legislative•-Conmitteemeetings as the"same may.be "scheduled and to attend any other neetings or seminars as he may deem necessary for the good o_ the Village. "' ' '

Upon motion of Trustee Raymond A, Smith, seconded by Trustee Walter E. Nicoloff and carriecl with no opposing .votes, that the Village Engineer is authorizedt_ attend the armual Conference of Mayor's Public Works School and the annual Water Works meeting.

Upon motion of Trustee David P.. Elmer, seconded by Trustee Walter E. Nicoloff and carried .with no opposing votes, the Village Clerk is authorized to attend the annual meeting of the International Institute of Municipal Clerks, also to attend the annual Audit & Control School, the Cleek's TrgAning School at Syracuse University and also to attend-meetings of the Legislative Cor_aittee and Clerk's Association committee meetings as long as he is a member of these committees.

Upon motion of Trustee Walter E. Nicoloff, seconded-by .TrusteeRobert B. Kelly and carried with no opposing votes, Mahaney & Company, a firm of Certified Public Accountants, be engaged to audit the Village books and do other accounting work as •directed during the ensuing year.

" .Upon_motion "of,Trustee Raymond A. Smith, seconded by Trustee Walter E. Nicoloff and Carried With no opposing votes, the Police Justice.and Actir/gPolice Justice be East Aurora, New York April 7, 1969.

notified to submit Police• Docketsfor ' examination: by the Trustees:" at the regular meeting May 5, 1969.

Uponmotion of Trustee ,David P. Elmer, seconded by Trustee Raymond A. Smith and carri@d with no opposing votes, a rate of 1-1/2 times the rate charged the Village residents for sewer service, or $7.50 per $i000 assessed valuation, whichever is greater, be charged for sewer users outside the corporate limits of the Village, and that the $I00 tap-in fee for new users be continued.

Upon motion of_Trustee Robert B..Kelly, seconded by Trustee Waiter E. Nicoloff and carried with no opposing _otes, that a public hearing be called for Monday, April 14, 1969, at 8:00 P. M., on'the 1969-70 Budget, and that the same be advertised as required by law.

Trustee Robert B, Kel.!ymoved,,seconded by Trustee•Raymond A. Smith and carried• with no opposing votes, upon reco_nendation of the Village Clerk, Dorothy F. Rosen be appointed Deputy Clerk, Deputy Treasurer, Deputy Tax Receiver and Deputy Registrar of Vital Statistics for the ensuing year.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no opposing votes, that Elizabeth Boland and Kenneth Howe, be appointed Sub- Registrars of Vital Statistics.for the ensuing year.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no opposing votes, that the Village Clerk, Henry A. Sherwood, be designated as the Assessor for the year 1969-70, with the operation of said duty to be retained by the office of the Village Engineer.

TruStee Robert B. Kellymoved, seconded by Trustee.Walter E. Nicoloff and carried with no opposing votes, that the Police Chief be authorized to attend the annual _ " Conference of Police Chiefs of the State of New York.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and .carried with no negative votes, that .theminutes of the regular meeting of-March 17 and the recessed meetings of March 24 and 31, be approved as submitted.

It was noted that Boy Scounts from East Aurora Troops 513, 514 and 540 were in the audience to witness the organization of the Beard.

Mayor Cain called for the opening Of bids for the purchase of a 1969 police cruiser, as advertised; A bid for this •equipmentwas received from H. R. Hunt Motors Corp., East Aurora; said bid offered to supply a 1969 Ford in the amount of $2,843.36 less $300 trade-in for a 1966 mode% or net of $2,543..36"

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and carried with no negative votes that the bid of H. R. Hunt Motors Corp., for one 1969 Ford in the amount of $2,843.36 with a trade-in of $300 for a 1966 model or net of $2,543.36 be referred to the Village Engineer and Police Chief for study and report to the Board.

Messrs. Craig Burt, Jr., sppointee to the Planning Con_nission,and Ralph Dona, - appointe.'etothe"Safety Committee, were at this time administered their oath of office by the Village Clerk.

Village Engineer O'Connor reviewed the matter of a storm drain passing through the basenefltof 142 Sycamore Street. Mr. O'Connor recounted past events and actions leading up to this meeting and reported his recommendations that there being no exigt- • 17 East Aurora, New York April 7, 1969

ing easements to allow the Village to perfolm remedial work on the drainage line the Village cease to use said storm,drain .... _

Village Attorney Howitt confirmed Mr. O'Connor's statement that•there are no easements of record to allow the Village to perform work and also there is no record of Village ownership of the .drain pipe. ... '. :

Trustee Raymond A. Smith gave his opinion that the drainage line should be di- " verted around the dwelling at 142 Sycamore Street providing the owner, Mr. Howard Monroe tenders a proper .easenlentto the Village.

: Engineer O'Connor advised that material,costs for Such remedial action would total •approximately.$600 plus labor.

It was thereupon moved by Trustee Raymond A. Smith, seconded by Trustee Walter E. Nicoloff and.carried with no.negative votes that the relocation of the private storm drain leading •from Sycamore Street in the vicinity of 142 Sycamore Street to the east so.as to make it a part of the Village storm drain isystem and so as to locate it along a line generally parallel to the driveway at 142 Sycamore Street" and extending easterly approximately 75 feet from Sycamore Street would be in the public interest. '.., _ ,"

It was then moved by Trustee Walter E, Nicoloff, seconded b)_Trustee Raymond A.. Smith and.carried with no negative votes that t.heVillage Attorney attempt to obtain the necessary easement and right .6f way .frcmMr. Monroe to permit the installation of the said relocated section of storm drain.

It was .thenmoved by Trustee .Raymond.A. Smith, seconded by.Trustee Robert B. Kelly and carried with no negative votes that after the said necessary easement and right of way for the relocation and installation :of the said storm drain has been obtained by ._heVillage Attorney that the Village Engineer proceed forthwith to .install.the . said relocated storm drain on the premises at 142 Sycamore Street.

Mr. Leland Austin, Recreation Commission Chairman, •advised the Trustees of the National Foram for Board members, Comission members, etc., to meet April 23 - 26 in Washington, D. C., on the subject '_ew.Appr6aches .to Financing Parks gnd Recrea- : tion".. Mr. Austin asked Board al_p_oval.forone or more Village representatives to • attend this meeting. '

Trustee Walter E. Nicoloff.moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, thatthe Village of East Aurora provide funds for two representatives to attend the above mentioned forth; said representatives to be designated at a later date, .providing the Town of Arora takes similar action.

The Village Attorney reported to the.Board that he ihad had a telephone conversation with Mr. Raymond Hoffman,president of thezAurora Village Shopping Center,•Inc., relative to the letter of agreement he had sent to Aurora Village Shopping C_nter Inc., :which letter stipulated that it was agreed that all improvements in Hamburg Street, Grey Street, Douglas Lane and Boies Alley as relates to'the special development plan for the Aurora Village Shopping .Center approved by the Village Board ofTrustees on . _ February 16, 1959 and in accordance to the supplementary resolution adopted June 15, 1959 and on.April '18, 1960, have been completed in.full. The Village Attorney reported that Mr. Noff_an.had indicated .thathe is willing to sign the said letter of agreement and would do so after his attorney had exmnined it, ass_ning his attorney had no questions or objections.

_Fmgineer O'Connor reported that the materials for the_installation',ofcertain !8 East Aurora, New.York April Z, 1969• :

fencing on .theeast side of the.Loblaw parking lot have been received. The fence is expected to be in_stalledwithin the next .week,,weather permitting.

A communication was received fromDouglas W. Kuhn, .Attorney representing the Aurora Car Wish, asking approval of a permit to install,gasoline vending pumps on the premises leased by Aurora Car Wash on Grey .Streetat the intersection of Route 20A.

Trustee RaymondA. :.Smith moved, seconded,by Trustee Robert B..Kelly and carried with no negative votes that the application of Aurora Car_Wash .to.install gasoline vending pl_apson their leased premises on Grey Street at the intersection of Route' 20A be received and that apublic hearing be Scheduled April _21, at 8:00 P. M., on the matter according to the requirements of Section 7.001 of .the Zoning Ordinances, with expenses of publication to be paid by the petitioner.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and.carried with no negative votes that the Safety Co_,ittee be'asked to review the petition and other exhibits as submit£ed by Aurora Car Wash and that a report of the Safety Conm_ittee'sfindings be _submittedat the April 21 Board-meeting.

A petition was received from Block & Cleaver, Ltd., the new owners of.the . restaurant at 29-33 Elm Street, for a permit to erect a canopy (marquee) over the entrance to said building. _ ..... : ,

After discussion, it being determined that the specifications of the proposed canopy are in order according to the provisions of Chapter,f2, Section i0 of the Village Ordinances, Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and .carriedwith no negati.vevotes, that provided :aproper save harmless agreement is submitted:by the owner of the property ,at 29-33 ElmStreet and proper loca£ion data is received, the Village Engine@r be hereby authorized _togrant the requested can6py permit. _. _

Trustee Robert'B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no negative vo£es that the Trustees having examined the 1969-1970 Tax Roll as submitted by the assessors to the Village Clerk, said Tax Roll being found to be in order, the same be .certified. .o •

After a discussion of the proposed new Sign ordinance local lawi Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes, that a public hearing be scheduled for 8:00 P. M., April 30 on the proposed sign-ordinance local.law_ and notice of the .samebe _published April i0 in the official newspaper. " '"

Trustee Walter E. Nicoloff gave a verbal report of findings of the Town-Village Liaison.Committee regarding their water study. The consulting engineers have submitted severai plans of possible Joint Town-Village water development_ Two ofthese plans, the "Cooperative System" and the "Commercial System", have been selectedby the Con_nitteeand further information has been requested from the engineers ,on each of these plans. Mr. Nidoloff:brieflyexplained the details of each system. A further. report will be submitted after the next meeting .of the Liaison Cc_nittee.

Trustee Robert B_ Kelly moved, seconded by Trustee David P. Elmer and carried - with no.negative votes, that the following invoices for bulk water being-deemed uncollectible without exorbitant expense be cancelled and stricken from the records.

#243 7/19/68 Richard Dame Syracuse, New York $ 2.20 #249 7/19/68 Kenneth Wischman" • Elma, New York.. .$ 1.20 : East Aurora, New York April 7, 1969

Trustee Kelly reported to the Board •that upon the expansion of the Village simplex alarm receiving board for fire, burglary and other alarms, there will be multiple spaces available for additional properties to be serviced by the said alarm receiving board. It was further reported that the said additions of properties to the said alarm receiving board are,at no expense to 'theVillage since each addition is accompknied by a fee of $i00.00 which adequately covers alliexpenses:. Trustee :Kellyadvised the •Board that in his opinion it would be .advisable for security :and.corresponding reasons to have the matter.:ofthe addition of properties to the said alarm receiving board handled administratively by the Ma)/or. '

After discussion it was moved by Trustee Robert B. Kelly, seconded by Trustee Walter E; Nicoloff,and carried with no negative votes, that the Mayor of the Village of East Aurora be and ,he is :hereby:authorized.to grant permission for the addition of prOppEties to the alarm receiving board in the Village Police Department, in his discretion and upon the advice and reconmmmdations of the Chief of Police, until such time as there are remaining only five (5) spaces on .the,said alarm receiving board; and _hat any said additions shall be paid for from a•fee of $I00.00 which ,shallbe paid to the order of this Village prior to the installation of the connection of.each said additional property to the said alarm receiving board and also that each connectee agree to pay a pro-rata share of the annual maintenance cost of the equipment:

Mayor Cain presented the dog control report f0rthe 'month of March. After discussion, the report was ordered to be filed. .. ,,

Engineer O'Connor reported that _he bid of H. R, Hunt Motors Corp., to supply a 1969 Ford policeecar for the net amount of $2,543.36 is in order according to the advertised specifications.

Trustee Robert B. Kelly moved; seconded by Trustee Raymond A. S_ith and carried with no negative votes, that the bid of H. R. Hunt Motors Corp_, to supply a 1969 Ford police car •inthe:amount of,$2;843_36 less $300 trade-in for a 1966.police.car making a net of $2,543.36, being in order according to the specification, the same be accepted.

The Village Attorney reported that Ronald R. Bennett, the attorney heretofore named as village prosecuting attorney pursuant to Section 93 of the Village Law, to prosecute the violator•of a village ordinance or a person accused of C_,u,L[ttingany offense, infraction or criminal act within the village and designated by the Erie County District Attorney as an assistant district attorney for that purpose, has advised that he will Be unable to continue to act as such assistant district attorney and village prosecuting attorney. The Village Attorney further reported that Mr. Bennett had performed his services in a superior manner and that his services are most appreciated by him, and .by the East Aurora Police Department and other Village officers :withwhom Mr. Bennett worked:.inconnection withhis duties as.such district attorney and prosecuting attorney.

It was further reported that Mr. George.E.Henfling, an attorney with his •offices at 670 Main Street, East Aurora, N_w York, and a former _si_tantadistrict" attorney has indicated his willingness to act as such assistant district'attorney and village. prosecuting attorney on the same basis as Mr. Bennett has acted and that .the Village Attorney and the Chief of Police recc_mnendto this Board the appointment of Mr. Henfling to the said position.. After a discussion the following resolution was moved by Trustee Robert B. Kelly, seconded by Trustee Walter E. Nicoloff and carried:

.:"' RESOLUTION

BE IT RESOLVED that GEORGE E. HENFLING, an attorney at law with his office at 670 Main Street in'the Village of East Aurora, be and he is 20 • East Aurora, New York April 7, 1969.

hereby_appointed,as •attorney:to prosecute a violator of a village ordin-: ,. ance _or criminal act:_within•theVillage,of East Aurora, and' -•. -"

BE IT FURTHER RESOLVED, that the said George E. Henfling shall take •what steps_are necessary to become designated by.,the.District Attorney . ,of the _Countykof Erie ;asan'_assistant_.districtattorney,•as provided by isw;,pursuant,to Section 93 of the •Village•'Lm_,toprosecute in the name-of : the,People of the State of.New York, _the violator of a village ,ordinance:, or a person accused of committing any offense, infraction or criminal act" _ within the Village of Nast Aumora, and

•BEiT FURTHER RESOLVED, that the zsaid George E. Henfling be compensated .• " ,for his services upon the presentation of vouchers, duly approved and ordered to be paid by this Board. . ' .. _ " ':

Trustee_Robert B. Kelly moved, seconded by.-Trustee:Walter E. Nicoloff and.carried with no negative votes, that•the resignation of Ronald Bennett as Village Prosecuting Attorney be accepted and that Mr.•Bennett be sent a commlmication of appreciation for his fine service on behalf of the Viliage. .- .. _ _

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried • with no negative votes, that a permit application by The Village Joweler,.676 Main Street, to erect an al_ainum awning across .the entire :frontage of.the building, being in order, the Village Engineer be authorized to grant same.

.Trustee,.RobertB;,Kelly moved, seconded by Trustee.Raymond A. Smith and carried with no negative votes that vouchers No. 1037 through No. ll0i in the amount of. $26,710.99 on the General Fund and vouchers No. 233 through No. 247 in the amount of $4,295;69 on the Water Fund, ,as audited by the Mayor and Trustees, be paid.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carried with no negative •votes;that this meeting adjlodrnat i0:55 P..M.. ..

• :-. . :. ;- ; ."...... i _ _. ..,.. -h_hry A/ Sherw6od, Village Clerk_,

•. BUDGET-HEARING . ..

Miliutes of'the budget heariBg of the B_ard.of Trustees of the Village of East Aurora, held in the Board Room at-_heVillage Hall.;corner of Main and Paine Streets, : East Aurora, New,York, on Monday, April:14;.l_69,at eight o'clock in the evening.

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P..Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and .Raymond A.._Smith;T,rustees, comprising a quor_n_of the Board; also Messrs. Walter W. Howitt, Village Attorney, :James R_ @'Cormor, Village;Engineer and Henry A. Sherwood, Village Clerk.

Mayor C_n opp£ed 7the_public hearing on the i969-i976 Generai F_d Budgetat 8:15 P.M. i_ .... : "_.: z " ".-_ '

Mayor Cain explained various changes against the 1968-1969 General Fund Budget, calling attention to the following statistics:

.Appropriations_,. _ -, _),up_12.9%-. ; _ , _ Estimated Revenues mp 9.4% 20 • East Aurora, New York April 7, 1969.

hereby_appointed,as •attorney:to prosecute a violator of a village ordin-: ,. ance _or criminal act:_within•theVillage,of East Aurora, and' -•. -"

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carried with no negative •votes;that this meeting adjlodrnat i0:55 P..M.. ..

• :-. . :. ;- ; ."...... i _ _. ..,.. -h_hry A/ Sherw6od, Village Clerk_,

•. BUDGET-HEARING . ..

Mayor C_n opp£ed 7the_public hearing on the i969-i976 Generai F_d Budgetat 8:15 P.M. i_ .... : "_.: z " ".-_ '

Mayor Cain explained various changes against the 1968-1969 General Fund Budget, calling attention to the following statistics:

.Appropriations_,. _ -, _),up_12.9%-. ; _ , _ Estimated Revenues mp 9.4% • 2! East Aurora, New,York April !4, 1969.

, Amount,to be raised by Tax ,, up 14.9% Assessed Valuation up 4.6% Tax Rate up i0.0% or $3.70 to $40.75

Several questions were asked from the floor concerning .various items in the Budget. Ei_planationswere given on these questions. t . . ... • . It was noted that no increase in salary for the Mayor and Trustees are included in the Budget. r "_ :

There being no one else to speak, the hearing was declared closed at 8:55 P.M.

" Henry/AY Sherwood, Village Clerk.

East Aurora, New York. " , .... April 21, 1969. • i I •

Minutes of the regular meeting of the Board. of Trustees oi_ the. Village. of East Aurora, New York, held.in the Board Room at the Village Hail, corner of Main and Paine S_creets, East Aurora, New York, on Monday evening, April 21, 1969, at eight o'clock.. , , ,' " .-...'

There were present, the following: Messrs. Robert B. Kelly, Deputy Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Walter E. Nicoloff and Raymond A. Smith_ Trustees, ccmprisihg a quorun of the Board; also Messrs. Walter W. Howitt, Village Attorney, James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk. .

There was absent Mayor J. Forrest Cain. ,_ _ ,

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the minutes of the regular meeting of April 7 and the minutes of ,the recessed meeting of April 14 be accepted as submitted.

Deputy Mayor Robert B. Kelly chaired the]_meetingin the absence of Mayor J. Forrest Cain.

Deputy Mayor Kelly called for the opening of bids for the.rebuilding,_including storm sewers, curbs, gutters and sidewalks where necessary, of King Street and Persons Street. Bidswere opened and read as follows:

Alden Contracting $ 139,230.75 Ders_n, Beals & Miller :; : .I09,626.00 F. J. Leydecker _, , , 118,19.4.75 Robinson & Long 91,998.00 Twin Village .Construction- - ,.,,108,001.00

Trustee Jame% W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes, that the bids for the Yebuilding of King Street and Persons Street be referred to the Village Engineer and consulting engineers for examination as to c_.pliance with specifications with a report to be made "to the Board.

At 8:18 P. M., Deputy Mayor Kelly opened a public hearing on the matter of installing gasoline vending ptmTpson property leased by Aurora Car Wash, Inc., at 170 Grey Street. , • 2! East Aurora, New,York April !4, 1969.

, Amount,to be raised by Tax ,, up 14.9% Assessed Valuation up 4.6% Tax Rate up i0.0% or $3.70 to $40.75

There being no one else to speak, the hearing was declared closed at 8:55 P.M.

" Henry/AY Sherwood, Village Clerk.

East Aurora, New York. " , .... April 21, 1969. • i I •

There was absent Mayor J. Forrest Cain. ,_ _ ,

Deputy Mayor Robert B. Kelly chaired the]_meetingin the absence of Mayor J. Forrest Cain.

Alden Contracting $ 139,230.75 Ders_n, Beals & Miller :; : .I09,626.00 F. J. Leydecker _, , , 118,19.4.75 Robinson & Long 91,998.00 Twin Village .Construction- - ,.,,108,001.00

At 8:18 P. M., Deputy Mayor Kelly opened a public hearing on the matter of installing gasoline vending ptmTpson property leased by Aurora Car Wash, Inc., at 170 Grey Street. , 22 East Aurora,-New,York. April 21,"1969.

Mrs. Ora Tiffany, 151-157 Hamburg Street objected'to the addition of another gasoline service station in the Village. -''

Stephen Kelly, attorney representing the petitioner, spoke in favor.of the permit to all6w,the installation'.ofgasoline:p.ump,s_: . - "' '- -. " J '-

Donald Doxtater, 63 Olean Street, spoke against the petition.

A •reportof an investigation by the Safety Ccsm/ttee as requested at aprevious Board meeting was received^for the record. The report is as foll_s:

"Discussed request of Aurora Car Wash, Inc., as directed by the Board of Trustees. As of this date the Car Wash has not created any traffic problems, and the sale of gasoline would not appear to increase traffic•so as'to Create•a Congestion. If the Board sees fit to grant permission for installation of tanks and pumps, the occupants should comply with Article VII A Special Provisions of the Zoning.Ordir_ance and, in addition, the occupant should,construct-a ", sidewalk on Route 20A for pedestrians."

Village 'Attorney Walter W. Howitt read for information purposes, Section VII A of the Zoning Ordinances as-it applied to gasoline service Stations:. "" : ',-

A letter from Ralph D. Cohn, president of Osmose Realty Corp., owner of the ". property at 170 Grey Street approving the installation of two gasoline tanks and two gasoline-pumps 'on•the leased-premises was_received and .read. <

'There.being no one else to speak, the hearing was declared closed at 8:28 P.M.

There followed a further discussion of the petition during which Truste_-Walter. E. Nicoloff asked the location of the State highway right of way in relation to the location of the proposed gasoline p_p installation.•.... _"

The Villige Engineer produced :amap "shewing-the right of-way. ' .." J', •" " :U :" ' ' ". Kr " .'b" "'" .. " . ", :, F." i'LL ' ,, The matter of'the requi:femehts:of:"(_f'zoning was.cohsidered at length as also was the matter of the possible construction of a sidewalk along the property boundary.

Trustee David P. Elmer questioned the report of the Safety Committee.that no " traffic problems have been created by the Car Wash because Mrs. Tiffany had reported traffic tie-ups on various Occasions.

Mr. Bertrand Russell, owner of the Car:.Wash/promised complete ,cooperation" should traffic tie-ups develop. -_ •. t...... ! Suggestion was made 'that-'thePlanning Ccmnission-be .asked_to comment on the petition of Aurora Car Wash, Inc., •before a Board decision is made. ::,..

T]_stee David P. Elmer moved, seconded by Trustee :James W. •Fordand "carriedwith no negative votes, that the .PlanningConmlissionreview the petition of Aurora Car Wash, Inc., particularlywith-reference to traffic circulation and the .principle of accessary uses in cora!.edtion'withthe Car Wash operation. ,_ '. _ •" - _ " " ,[ Mayor J. Forrest'Cain joined the meeting _at this time .' ; " "

A building pei_nitapplication was'received from Aurora Village .Apartments, 325 Mill Street,'William Gacioch, president, for the construction of the last eight apartment buildiJlgsaccording to the special development plan previously approved hy the Board •- 20 East Aurora, New York April 21, 1969.

4 of Trustees.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E Nicoloff _md unanimously carried, that the building permit application of AuroraVillage Apartments, 325 Mill-Street ,_being in order for the construction .of the last eight apartment buildings per ,thepreviously 'approved special development plan, the building permit be granted.

Deputy Mayor Robert B.•Kelly presented a certificate,from the New York State Conference of Mayors to Mayor Cain in honor of Mayor Cain having completed 25 years service in the State of New York.

Trustee Kelly presented an amended 1969-70 Capital Expenditures Budget that•included the'addition of King and Persons Streets repaving project •approved by this Board at a prior meeting.

Village Attorney Walter W. Howitt explained the change in the Capital Expendi- tures Budge_.resulting from this addition. No expenditure changes are required for the 1969- 70 fiscal year.

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and unanimously carried"that the Capital:Budget as presented.by the Capital :Expenditures Co_nittee, including the amendra@ntfor the addition of King-Persons Streets project, be approved; it being understood and agreed that construction of the Brook Lea Drive Bridge over Tannery Brook not be accomplished unless development of the Brook Lea acreage is in - " fact imminent.

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford that the tax rate for the 1969-70.fiscal year be adopted at a rate •of$40.75 per $i,000 of assessed valuation as published,. Upon a roll call vote :

AYES: Trustees Robert B. Kelly, David P. Elmer, James W. Ford," Neal Jacobus, Walter E. Ni-coloff and Raymond A._Smith; and Mayor J. .Forrest Cain. .' _" '-.

_', :NOES: " .None. :

The motion was declared t_ianimously carried., "

Trustee James W. Ford moved,.seconded by Trustee Raymond A, Smith and unanimously carried that'the proposed salary_of Acting Village Justice be set .in the amount of $1,000 per year. "- : "-

Village Engineer James R; O'Connor. reported that .the easement to allow the Village to do remedial work on the storm drain passing thfiough -142 Sycamore Street.has not been received. The matter will be reviewed at the next Board meeting.

Village ENgineer O'Connor reported that, the fence on the east side of the Loblaw parking'_lothas been erected'as pl_med. : ", : -

Mayor Cain reported that•the Village of East Aurora will host a joint meeting April 24'in the Fire Hall of the ;Erie'County Village Officials Asseciation._andthe Association of Erie County Governments.

Trustee James W. Ford moved, seconded by .Trustee David P..Elmer and unanimously carried that besides the regular authorized attendees the following be authorized to Z 4 "EastAurora, New York _ April 21, 1969. .•

attend the April 24 Village Officials Association meeting: 4 assistant fire chiefs, Planning Commission members, Reverend Russell Barker, Clerk's office staff, Water Plant operator, available off-duty policemen and representatives of the •press. .',.[F_.".... Trustee David P. Elmer moved, .seconded by TrusteeWalter E..Nicoloff and unanimously carried, that members of the •Boardof'Education and school administrators Of Union Free School District #i be advised of the meeting•so that they may attend if they wish.

Engineer O_Connor.relJortedthat emergency :repairs to fire truck #2 have not been completed although the unit could be used if needed.

Trustee Walter E. Nicoloff reported that the C_ital Expenditures Committee has invited•members of the school,board and-members of the-Town of Aurora Capital. Ccmmittee to,a joint.meeting May 8",in an,effort to establish a Village-Town-School Capital Budget Priority Schedule. :"

Mayor Cain reported that the ntm_er of expected attendees at the -April 30 public hearihg on the proposed sigh ordinance local law will exceed the capacity of. the Village Board Rectoso that the location of the hearing should be changed to Parkdale School.

.Trustee:Raymond_A.Smith moved, seconded .byTrustee David P. Elmer and unanimously:carried thaC the -location of the-public hearSng April 30 on the proposed sign local law 'be changed.frc_ the.Village Hall to the Parkdale .School AuditoriL_aand that a notice''ofthe change be published in the official newspaper, as a display ad of a size three coltmms by ten inches.

' Trustee David P. Elmer moved',seconded by.Trustee'Neal Jacobus and unanimously' carried'that Mayor Cain be auth6rized to declare the period May i-iS, -1969, as Clean Up-Paint Up-Fix Up time in cooperation with a program sponsored by the East Aurora Kiwanis Club.

Mayor Cain presented the police report for the month of March. After discussion, the report was ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and unanimously carried that Mrs. Alfred P. Spooner be authorized to represent the Village of East Aurora at a recreation seminar in Washingfon, D. C., April 23-25.

' Trustee Davfd P. Elmer'moved, seconded by Trustee Robert B. Kelly and carried that the Capital Expenditures Comnittee be advised of the urgency to review the Tannery Brook Diversion Project as an addition to the Capital Expenditures program budget.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A-.Smith and unanimously carried that the East Aurora Kiwanis Club be granted permission to use Hamlin Park May 2 and 3, 1969, for •their annual fond raising •auction. . -

Trustee Robert B. Kelly moved, seconded by Trustee James W. "Ford and carried that the building permit application of Aurora Bottling Works, 34 Elm Street, being in order to construct an addition to the building, the same be granted. • .r , . _Trustee RobertB. Kelly moved, Seconded by Trustee Raymond A. -Smith and unanimously carried,vouchers No. 1102 through No. i138.in the amount of $18,481.81 on the • General I._mds,and vouchers No. 248 through No. '256 in the _unountof $3,818.64 on the Water Pond, as audifed by the May_r and Trustees, be paid.. East Aurora,'New York April 21, 1969.

Trustee Raymond A. Smith moved, seconded by .Trbstee.RobertB. Kelly and unanimously carried, that this meeting recess at 11:30 P. M., until 8:00 P. M., April 28, 1969. """ :.... ' ':

INenry f Sherwo6d, Village Cler_

East Aurora, Now York April 28, 1969.

Minutes of the recessed meeting of April 21, 1969, reconvened at 8:00 P. M., on April 28,'_1969,:in :the_Board,Room'of the Village-Hal.l_,:cornerof Main and Paine Streets, East AurOra, New York. :'" : - :_

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; James W..Ford; Neal Jacobus, Robert B. Kelly; Walter E, 'Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs Walter W. Howitt, Village Attorney, James R. O'Connor, Village Engineer andHenry A. Sherwood, Village Clerk.

There was absent Trustee David P. Elmer. : i Trus£ee James W. Ford reported that the consulting enginbers for streets rebuilding, Krehbiel, Guay, Rugg & Hall, :have examined all bids for the repaving of King andPersons Streets. The low bid of Robinson & Long is deemed:to be in order according to the published specifications. - i ,:,_.. . • . ,: :

After discussion, Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff that the:bid,for the repaying of.King and Persons Streets.according to the specifications.prepared by Krehbiel; Guay, Rugg & Hall, be awarded to the low bidder, Robifison& .Long,in the an6unt of $91,998.00 and Mayor Cain be authorized to sign the necessaryJcontracts; Upon a vote of record: .....

AYES: Trustees James W..Ford, Neal Jacebus, RoberttB. Kelly, Walter E. Nicoloff and Raymond A. Smith; and Mayor J. Forrest Cain. NOES: - None, "_ "

The motion was declared carried.

The following letter was ordered to be part of the record:

"April 28, 1969.

HonorabZe Village Board :. " Village.of East Aurora_ . _. '- ". : . ' , ." Village ,Hall' .' : ,:: : East Aurora, New York. " -J';' "' _ ..... _.... _ -Re:King _& Persons _' " ':" i KGRH Job No: 68 K 76 Gentlemen: . We have received the bid proposals for the above referenced contracts ..... b ..and r reco_nend [award:to the .low'bldder,,'Robinson " &rLong; :Inc.; '

We have discussed this contract with Robinson & Long, Inc. in respect East Aurora,'New York April 21, 1969.

Trustee Raymond A. Smith moved, seconded by .Trbstee.RobertB. Kelly and unanimously carried, that this meeting recess at 11:30 P. M., until 8:00 P. M., April 28, 1969. """ :.... ' ':

INenry f Sherwo6d, Village Cler_

East Aurora, Now York April 28, 1969.

AYES: Trustees James W..Ford, Neal Jacebus, RoberttB. Kelly, Walter E. Nicoloff and Raymond A. Smith; and Mayor J. Forrest Cain. NOES: - None, "_ "

The motion was declared carried.

The following letter was ordered to be part of the record:

"April 28, 1969.

We have discussed this contract with Robinson & Long, Inc. in respect •26 East Aurora/New York- April.28,.1969. .

to conmeflcing,after,con_pletionof the current schoolyear, and they are willing to wait until such'time to commence. They were also willing to sign the contract with the same type of resolution that was included in the Gleed and Crescent Contract of last year.

_ We are also including copies of the bid tabulations for your •review _...... -_:. . • ., Very truly yours,

"_• KREHBIEL-GUAY-RUGG-HALL "

JGN/ef John G_ Niblock. " Enclosures

Trbstee,James W. Ford:.reconunendedth_attheEast Aurora School System be advised of the starting construction time for the rebuilding of King and Persons • Streets so that school bus routes can be altered if necessary.

: Trustee "Robert .B. Kelly move'd,seconded by Trustee Raymond A. Smith and carried'that the:Mayor's _reccmmended appointment of :dosephMogavero. as_Acting .:-, Village Justice for the year 1969_70 be approved effective May ,i,at a salary- of $i,000 per year.

Mayor Cain mantioned receipt of a conmunication from Town of Aurora Super- visor "AbbottHenshaw :inviting the Mayor and Trustees as,well as the supervisors of the Towhs of Elma, Wales and Hoiland to :a meeting at the Aurora Town Hall May 8, to discnss with-.VincentLucas of the-New York_State_Pure Water Ai/thori,typossible planning assistance for an area waste water disposal program. "A suggestion was made that the entire "701" Cul,_itteealso be invited to the meeting. So agreed. " £7 . . ",%b" _ _,_ " 7 . " U : "_ ": ...... : "* Trustee,Walter E. "Nicoloff moved, s'econded by Trustee •Robert B. Kel.ly and :. carried with no negative votes, :that the 'Village water consultants Lozier Engineers, Inc.; be asked to prepare an estimate of cost 'andbid specifications as contained in Section "B" (Northwest Loop) as they'pertain to the work necessary in Girard Avenue and that the bonding attorney be authorized to draft a tentative bond resolution to cover the cost-of-financing this project.. Upon a vote of record:

AYES: Trustees James W. Ford, Neal Jacobus, Robert.B. Ke]ly, Walter E. Nicoloff and Raymond A. Smith; and Mayor J. Forrest Cain.

NOES: None ," : ::- -v- f. _ ,-:'r:,., ...... :

The motion was declare carried.

By consent, Village Attorney Hc_itt was directed to have a..l:entative.bond "' resolution prepared in the amount of $150,000 to cover the. estimated cost of Village operations for the imminent rebuilding by the County of Erie of Girard Avenue. t Trustee Waiter E. Nicoloff-advised that.an appraisai of tl_ equipment in the' Village Water Plant indicates, that most of the plumbing is in need of immediate repairs or replacement.

It was reported, tliat the.conrplete-plans- and specificatiofls for t:he enlargement and reconstruction of the Village Water Treatment Plant have been received from Lozier Engineers, .Inc. ...._. _ ____ o4c______...... _o__. .,______-_ __.,_....._......

___\_ __

.... ______9_. ____ _ .__ ,__ ...... -:...... __ .___,-_,-_,_,.___,___ ..... __/__'i.._.__.<_.... -- ,-_d-_----_- ' - - _+---__ __ t

J. f 1 .... _ , __-"_-

J m I i m ._

q ......

_ ......

I ...... lr. I East Aurora, N_w York April 28, 1969. 21

After ConSidePab_lediscussion_"Tr6st_e Walter E. Nicoloff moved, seconded by Trustee Robert _B. Kelly and carried with be'negative "yotes that:

. WHEREAS, this Board has had an opportunity to examine the Preliminary Construction Plans for expansion and reconstruction of the Village Water Treatment Plant for the Village of East Au#ora_ Erie C0_nty, New York, (Lozier Engineers, 'Ind..Job'NO. 1413-'6-1969entitled "'C0nstructionPlan Water Treatment Plant Expansion_,Village of'East Aurora") ; and WHEREAS, this'Board desires to secure the approyal of said preliminary construction pl_ans"by'the New York state Water Resources Con_nission,the New York State Health Department and the Erie Coonty Health Department. NOW, THEREFORE_ BE IT RESOLVED , "- "- _i) That the saidPreliminary Construction Plans for expansion and reconstruction of the Village Water Treatment Plant for the Village of East Aurora, Erie County,.New York, prepared by Lozier ENgineers, Inc., Job No. 1"413-6z1969be forwarded to the New York State Water Resources Commission, the New York State Departm,.ent'of_Health and the Erie County Health Department forthwith; and (2) That the said Water Resources Ccmmission and State and County Health Department be requested to approve the same.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and'carried with no negative v.otesthat the sign local law public hearing April 30 at Parkdale 'Sdi6ol be.#ecorded on tape.

-- The Village Attorney reported that he has'the esis_mentcovering the Water line installed across the Fisher-Price Toys,_Inc., property from the Village Well Field and Water Treatment Plant to Girard Avenue, which easement has been executed by Fishe#_Price Toys,' Inc'. The Attorney reported-that since the agreement contains a provision that the _fillageof East'Aurora will maintain _he said water line at its expeliseth'eagreement must be executed by the'yill_/geof East Aurora prior to recording. :' _ " .i

After a discussion it was moved by Trustee Raymond A. Smith, seconded by. - Trustee Robert B. Kelly and carried that the foll_ing resolution be adopted:

WHEREAS,' the water _ine .across the lands of Fisher-Price Toys, Inc. between the Viilage Well Field and Village Water Treatment Plant to Girard Avenue has been installed; knd "; WHEREAS, the pe1_nanenteasement agreement covering a 15 foot wide strip of land in which the said pipe line is located has been executed by Fisher-Price Toys, Inc; and'. WHEREAS, THE said permanent easement provides for the maintenance of the said water line by the Village of East Aurora at its expense NOW, THEREFORE, BE IT RESOLVED, that Mayor J. Forrest Cain be and he is hereby authorized to execute the said water line easement on behalf of ' the Village of East Aurora and the Village Attorney is here.byauthorized and directed to record the same after such execution in the Erie County Clerk's.Office.. ,I At 10:55 P. M., the Board entered executive session.

After executive .deliberations, the Board re-entered regular session.

The matter of the adoption of the 1969-70 General Budget for the Village of _'. East Aurora came on for consideration. It was noted that the required public hear- •ng on the said proposed 1969-70 budget had been duly held on April 14, 1969. It East Aurora, New York..• April 28, 1969.

was further noted that the Board of Trustees had duly considered the said proposed budget .:in•theform•prescribed by,the State Comptroller .and.completewith wages. and salaries sliowh'on schedhles raadea part thereo_',)-..Aftera"di'scussionit:twas duly _:o_ '. moved by Trustee Robert B. Kelly, "secondedby Trustee james W. Ford that the following rese,lutionbe adopted: .. .

RESOLVED that _he 1969-70 General Budget-for the.Village of • ast Aurora• for the fiscal year 1969-20 be adopted,as heretofor • 'publishecl(and-_ended),_and that the•appropriatfo_ contained therein • be.deemed made,and'app{6priated as shown and that the wages and " ; • 'salaries. Shown'in the,schedule made a..part.thereofare fixed .atthe amounts shown. . . :_, ,. ,:

.:.Upon being:put to a vote .the resolution was carried with the following vote of record: ,. - .. --. •

,')...[.AYE. S:,.,. Trustees :_Jan.es,,W.. Ford Neal Hacobus Robert- B Kelly, • ,- , ,. Water E. Nlcoloff and Raymond A. Smith; and Mayor J. Forrest Cain (Trustee David P. Elmer dpsent:)

NOES: None , .'. • . • ,- :,'. .. :, =.' ,,. -r',:, , _.

The motion•; was declared, carried.,., :,, , , h

Thematter of the 'ad_ti0n of the 1969-70 Water Ftmcl.Budgetfor the Village of East Aurora came on for consideration. It was noted that"the .estimate of income did no.tequal estimated expenditures .asis ,required b)_law. .._, _ -.

.T.rusteeWalter E. Nlcoloff moved, seconded by,--TrusteeRobert B. Kelly that•the Water Fund Budget of :theV111age of East Aurora ,for the perlod 6/-i/69to 5/31/70 be apprbved:as submi.tfed,inthe amount of $199,078.00:,it being,understood and agreed that this Board w'ill "actto.offset the b{idgetincome deficiencies,either by adjusting the water useage rates at the proper time or by a transfer o£ funds from the General Fund.

By a vote.of.record:

AYES: ..Trustees: James W..Ford, Neal,Jacobus, Robert B. Kelly, .. Walter E. Nicoloff and Raymond.A. Smith; and Mayor J. For'restCain. (Trustee David P. Elmer ajosent.)

' ,, .NoE:Ns on' e __ - ,

The motions.. waas"de clared car.ried.-.,..., ..,,,,-.. • :;::,.,, ._ ,,_,,,' -.,,, ":._ '

ryustee Raymond A. Smith moved, seconded by Trustee Walte'rE. Nicoloff and carried with .no negative vot.estha.tthis •meeting adjourn at 12•:15A. M., April. 29 1969 ['..... ,•

...... _ ,.... _enry A./Sh_rw_bdd. -. --_

i • 29: East Aurora,.New York May 5, 1969.

Minutes of the regular meeting of•the Board of .Trustees of the Village of EastAurora, New York, held"in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, May 5, 1969 at eight o'clock.

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, Neal Jacobus and Robert B, Kelly, Trustees, comprising a quor_n of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, •Village Engineer and Henry A. Sherwood, Village Clerk.

There were absent Trustees James W. Ford, Walter E. Nicoloff and Raymond A. Smith......

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and carried wit,h ;no negative, votes', that the minutes of the regular meeting of April 21 and the minutes of the meeting recessed to April 28, be approved as corrected for typographical errors.

Village Engineer O'Connor reported upon his discussion with Mr. Monroe, 142 Sycamore Street, regarding an easement for the Village to do storm drain remedial work at that address. The easement has not been signed, but probably will be executed before the May 19 Board meeting. The matter will be reviewed at that time.

A petition submitted by 13 residents of East Fillmore .Avenue asking that an apparently inadequate drainage line in their area be corrected by the Village, was received and read.by the Clerk. The Village Engineer explained the problem and suggested a solution. A_ter considerable discussion, it was suggested by Trustee Elmer that the Village Engineer study that area further and make a suggested remedial report at the May 19 Board meeting.

,Trustee David P. Elmer movedi seconded by Trustee Robert B. Kelly and carried with-no negative votes that the South Buffalo Lioness Club be given permission to use Hamlin Park August 9th between 'thehours of i0 A.M. and 3 P.M. for a picnic for approximately 40 blind teenagers from the Buffalo area, according to the'conditions suggested in their-letter of April 29th.

Mrs. Alfred P. Spooner reorted upon her authorized attendance representing the Village of East Aurora at a N.R.P.A. Conference in.Washington, D. C. The conference had to do with various federal programs of financial assistant toward the acquisition and/or development of recreation lands. Mrs. Spooner presented a very ccmprehensive and helpful:report. ":. ;.: i There followed a discussion concerning verious small parcels of land on South Street, Warren Drive and South Grove Street that could be used for recrea- tional purposes if federal and state grants could be secured to aid in their purchase.

•: . .:J. Trustee Kelly reported the receipt of complaints concerning the property at 308 Girard Avenue. This property is apparently strewn with debris resulting from a recent fire in the dwelling. By consent, the Village Attorney and Village Engineer will investigate. . . • •1 I ..: L . There followed a discussion 16d by. Trustee Robert B.. Kelly, of.the possibility of the possible" re-registration and subsequent inspection, of multiple-residence properties in the Village. ". .... "

• :,: .:.• , j 30 East Aurora, New York May 5, 1969.. ,.,

Trustee Robei_ B.:Kel,lymoved i seconded by Trustee Neal Jacobus and carried with no negative votes that the Village Engineer be authorized to notify all,multiple residence property ,owners that the property must be re-registered in the office,of the Village Engineer with subsequent inspection according to the requirements of the New York State Multiple Residence Law and that such re-registration be submitted between Jtme 2 and June 6, 1969, and that the Village Clerk,be authorized tO publish on May 15, a proper notice of such-requirement....

After discussion of the proposed contract with the Po],iceQuaker Club for the 6/1/69 - 5/31/70 year, said contract apparently being in'order, Trustee David P. Elmer moved, seconded by._TrusteeRobert :B'.Kellyand carried with,no negative,votes that Mayor Cain be hereby authorized,to sign the contract with the Police Quaker Club on behalf of the Village of East Aurora.

Trustee Robert B. Kelly moved, seconded by Trusted David P. Elmer and carried with no neg'ativevotes;,that the following Water,Fund:transfers be made to balance the accounts: •_ ...... " " "

FROM "r: : .. .F260-2--OU- ..... '$ 1,000..00 ...... • F260-400' .. , ;. 3,000.00 • ,- F262-100 .... , '. 1,052.04 ...... F262- 200 2,000.00 F263-200 500.00 F290-628 400•00 "" F290-630". " 1,000.00 . . •-. "-"' F290-650. "'._" , :-, ""'' 3,000,00 " "_ '. ;.,;:,.._ $11,952.04

,., TO F260-100" $ . 585.70 "...... _ _...... F261-400 ..... 7,500.00 :' F262-400 . 3,000 00 .... F263-100 .. 400.34 •"...... ".... .F263-400 " .. . 66.00 F290- 400 400.00 - $ 11,952.04"

Trustee.Robert B. Kelly moved,, seconded by.Trustee David P. Elmer" and ". -. carried with no .negative votes, that Police Captain M..Raymond Smallback be authorized to attend a stm_er Tear Gas Seminar. sponsored by Federal Laboratories, Inc;, Indiana, Pennsylvania, June 2, 3 and 4, 1969, with expenses to be reimbursed accoiding: to the conditions of Section 77-b of the General Municipal Law.

-:', The dog.control report for the month of April was received and discussed. The report .was ordered to be filed.

It was reported upon question of Trustee Elmer that Fire Truck #2 (snorkel) has been"returned to the .Fire Hall ; ' although the.truck is not completely repaired, it can be.placed in.service if necessary ...... " .. ..

Trustee Robert B. Kelly moved, seconded by Trustee.Neal Jacobus and carried with no negative votes that Mayor Cain be authorized to sign a contract with the State_Un'iversityof'New York.at Buffalo, Health Science Center, Animal Unit,.as approved by the New York State Department of Health for the purchase of certain uncl_med dogs; said dogs to be used for medical purposes. :.

By consent, Village Engineer O'Connor is authorized to cause the installa- 31 East Aurora, New'York May 5, ,1969.

tion of 12:'transite water pipe under the sidewalk area of.the new Mobil Service Station on:Hamburg Street before said ,sidewalk is laid.. It was noted .that the Village already has a sufficient supply of this pipe.. : ,

Trustee Robert B:,Kelly moved, seconded by Trustee David P. Elmer and carried with no negative votes, that.vouchers No. 1139 thr6ugh No..1206 in the _oumt of $32,338.26 on the gefleral,Fund and vouchers No.257 throughNo. 272 in the-amount of $15,867.96.on._theWater Fund, as .audited.by the Mayor.and.Trustees, .be pald_ ".It" ,

Trustee Robert B. Kelly moved,,seconded by Trustee David P. Elmer and carried with no negative:votes, that this-meeting adjourn at 11:15 P.M. :._

•,':...... , • " , . . ' : .'Henry A;/St}._rwodd, Village Cler .I._-

East Aurora, New York May 19, 1969.

1. ., t -,

Minutes of the regular meeting of the Board• of Trustees of. the Vi-llage of East Aurora, New York, held in the Board Room._of the Village Hail,. corner of Main and Paine Streets_ East Aurora, New York, on Monday evening, May 19, 1969, at eight o'clock. : • -,..''": . ,: k:_ . . "-: ":

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; James W. Ford, Neal Jacobus, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising "aquo_ of the Board;:,aIsoMessrs. James R. O'Connor, Village Engineer and Walter W. Howitt, Village Attorney. ,J :_. - •: • .. :_.: _ ...... There were _absentTrustees David P. Elmer and Robert B. Kellyl

In:the absence of Henry.A. SHerwood,'.Village.Clerk,the.Village Attorney acted as the secretary of this meeting.

_The matter of.the application •ofAurora.Car Wash,:Inc.,,_or a,permit to install gasoline pumps came on _or consideration. In the absen'ceof a report from the Pla_ning Co_uission, it was by agreement directed that this matter: " be placed on the agenda of the June 9, 1969, regular meeting of this Board.

•It was reported to.the 'Board'that the annual:Conference-of Mayors,meeting will be held in the City of Rochester'during the first week.of June of this year.

After a discussion:it was moved by.Trustee J_es W. Ford, seconded-by Trustee Raymond A. Smith and carried with no negative votes, that the regular meetings of this Board for the month of June 1969, be •held on the second and fourth M_days of the said month, to wit: June 9, 1969 and June 23, 1969. .Thematter of the action of the Board relative to.the]proposed ,local law (proposed Local Law #i - 1969,:SIGN•LAW) upon which•a hearihg!•hadbeen_held- . on April 30,.1969, came on for consideration..... ! I; : ,." '" L.

After a discussion, it was moved by Trustee Raymond A. Smith, seconded 31 East Aurora, New'York May 5, ,1969.

Trustee Robert B. Kelly moved,,seconded by Trustee David P. Elmer and carried with no negative:votes, that this-meeting adjourn at 11:15 P.M. :._

•,':...... , • " , . . ' : .'Henry A;/St}._rwodd, Village Cler .I._-

East Aurora, New York May 19, 1969.

1. ., t -,

In:the absence of Henry.A. SHerwood,'.Village.Clerk,the.Village Attorney acted as the secretary of this meeting.

•It was reported to.the 'Board'that the annual:Conference-of Mayors,meeting will be held in the City of Rochester'during the first week.of June of this year.

After a discussion, it was moved by Trustee Raymond A. Smith, seconded 32 East Aurora, New,York :May,19, 1969. .-

by Trustee Walter.E.-:Nicoloffand duly carried without any negative votes, that the proposed Sign Law as published and as ,considered at the said-hearing not be adopted _ the form _Lsso published_ : . : ..

'' At the suggestion of Trustee James W. Ford it was agreed by the Board that the Mayor would contact ,individuals and.organizations who had participated in the hearing for the proposed:Sign Law to request .the said.individuals and . organizations to submit their proposals and objections to the specific sections-and- paragraphs of the proposed Sign Law to which their remarks have been made at the said hearing.

.._Mr.Edward Kandefer of210_Center Street, East Aurora, New York,,addressed the Board to inquire as to the status.of the Village project-involving the enclosure of the stream which crosses his property in a buried pipe. The Village Engineer advised that Mr. Kandefer had delivered the required survey to his office but that the necessary easement to permit the installation of the buried stor_:drain had not been prepared, l_e Village Attorney advised that Mr. Kandefer should loan the Village a:copy of his deed and that.after this was received the necessary easement could be prepared for execution within the next two weeks. By consent this matter will be placed on the agenda for the June 9, 1969 meeting.

Mr. Albert C, Te_le, Jr., of 9332 South Hunting Valley Road, Clarence,-New" York, 14031, the owner of the Texaco station at the southwest corner of Main and ." South Willow Street in the Village of East Aurora, New York, addressed the Board to urge that the Village-of East Aurora, the State of New:York and all owners of private property involved,in itheportion of TanneryBrook which passes under. Main Street and proceeds,southwesterly toward.Oakwood Avenue ge_ together to accomplish a permanent solution to the condition which produced the flood over Main Street at the area of the intersection of Main Street and North and South Willaw Streets on Sunday, May 18,_1969...

During the discussion it"was developed that the di_eter_ of the culvert at this point appears to be too small,to carry the volune of water carried in • . Tannery Book at that l_ointduring a heavy rain storm.

It was further developed that the ground in the area of the brook at this point had'been washed away in several placeg and made.unstable in other places in and above the culvert.

During the discussion Mr. Towne stated thatas an owner-of property-in this area he would be willing,to bear his.full share of the expense of a permanent in- stailation:'.andurgedthe .Village to carry the burden-of going forward with such a project without delay...... : -";' '"-: CK"

Following afurther discussion, it .was moved,by Trustee .Walter E. Nicoloff seconded,by ,Trustee_Raymond A,-Smith :and carried with no negatiye votes that Village Engineer O'Connor take whatever temporary safety measures as are required to make the area in.and.near Tannery.Brook at._theintersection of Main Street and North and South Willow.Streets safe as regards the public. •

It was.moved:by Trustee.Walter E. Nicoloff, .seconded by Trustee Neal Jacobus and duly carried with no negative votes, that Mayor Cain, Village Engineer O'Connor and representative from Krehbiel, Guey, Rugg & Hall, Engineers, meet with the State of New York Engineers at their early convenience to explore the methods of early implementation of the Krehbiel, Guay.,Rugg-& "Hall plan-for an adequate culvert installation in Tannery Brook between Main Street and Oakwood Avenue. • 33 East Aurora, New York May 19, 1969.

The matter of the untidy premises,at 308 Girard Avenue came on for discussion. The Village Attorney reported that•it did not appear that any of the ordinances and/or local laws adopted by the Village of East Aurora gave any official of the Village authority to,require the cleaning up of the items presently lying in the yard of'the said premises. .._ _

By consent the Village Engineer and Village_Attorney were directed to contact the owners of these premises and request them to clean up the said premises. • I _. A request from •the principal of_East Aurora High School to this Board that steps be taken to close Main Street in front of the East Aurora •High School to vehicular traffic during graduation exercises onrSLmday afternoon, June 22, 1969, ozame on for consideration. Coupled with the said request was the stated intention that the said High School graduation exercises would be held •out of doors on the Main Street side of the High School Buildings.

There followed a discussion of_the,steps that would be required to arrange such a rcrouting since Main Street at this point is a State highway.

After further _discussion, it was moved by Trustee Raymond A. Smith, seconded by Trustee James W. Ford and carried with no negative votes that the Village Attorney and Village _Chief of Police take whatever steps are necessary to obtain_the required permits to divert.the traffic on Main Street from_ in :front•ofthe East AuroraHigh School during the hours •of the graduation exerCises on Sumday, June 22, 1969.

By consent Mayor Cain Was requested to contact the School authorities to point out the difficulties to be encountered in securing the necessary permits- from the State Department of Transportation and to urge the School to consider the holding of-the graduation exercises in an alternative location whereVillage streets alone would be involved.

The request of Mabel Wallenwein for.a.permit to erect a sign identifying the Pine & Calico Shop _ Hamburg street and a similar sign on Grey .Street came on for discussion. • _, • .L: .:.f r, ._'-_;"_,,_':-, ._ ..... _

After a discussion it was moved by Trustee Raymond A. Smith, seconded by Trustee James W; Ford_and carried with no negative:,votesthat,the_sign permits as requested by_Mabel.:Wal,lenweinbeissued. • • ._.. - . •[. : .. Mayor Cain reported to the Board that the_Department of Public Works Assoc- iation as negotiating agent for the Public Works Employment Unit and the Village Engineer as representative of the Village of East Aurora had agreed upon a proposed employment agreement to become effective June i, 1969.

The terms and provisions of the said employment contract were reviewed and examined by the Board following which it was moved by Trustee Raymond A. Smith, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that Mayor J. Forrest Cain be authorized to sign the said contract on behalf of the Village of East Aurora.

The Clerk of the meeting read a note of thanks from Epsilon Alpha Gmma Sorority in connection with permission granted by this Board •for the use of the Pavilion in Hamlin Park in connection with a Sorority activity.

Mayor Cain and Village Engineer O'Connor reported to the Board that Fire Nepartment aerial truck (snorkel) is now in good operating order and has been returned to duty in the central Fire Hall. The Village Engineer further advised 34 East Aurora, New York May 19, 1969.

that-a,number ofrmiscellaneous and minor non-operating deficiencies remain to be corrected but that none of these interfere with theoperatioW:of the'fire truck..

, It was movedby Trustee Raymond A, Smith, secondedby:Trustee Walter' ' E. Nicoloff and carried with no negative votes that the .East Aurora Kiwanis Club be given permission to place a canvas sign advertising the Club's annual chicken barbeque; on the rai,lroadbridge .'over"MainStreet upon the securing of the required permission from Penn-Central Railroad and the State of New York.

It was :moved by..TrusteeRaymond A.,;Smith,-seconded by Trus tee _Neal Jacobus and.duly.Carried with no negative votes that Ameridan Eegion Post 362 be given permission to .use the portion o£ H_nlin.•Par_:inthe area of _he old soft ball, field'on July 3, 4 and 5 in connection with the setting up, observance and dismantling of facilities in connectiofiwith the Independence Day celebration.

The Police report for the month of April 1969 was received by the Board, noted and ,ordered"£o be filed with the Village records. :.

By consent the Village Engineer was authorized to obtain approximately 12 newstreet Waste baskets and install the same along the streets of the Village.

:_Thema_ter o_ the .proliferation of signs ands:thepoor honse-keeping .at the Shell gasoline station.on'MaifiStreet =crone'on_for,consideration. After'a discussion the •Village Engineer and :Building.Ifispectorwere .directed to investigate the premises to ascertain whether the required permits have been obtained for all the signs presently on the .premises. The .Village Building Inspector was further directed £o prepare a doc_nented letter to be forwarded to the 0ff4cers of the Shell Gasoline Company'in connection.with a r.equestthat 7theappearance of the said premises,.be .improved;" " "" • " • " '_ .,-. • p . * Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford and carried With no negative votes, that vouchers No." 1207 through NO._ 1260 in the" amount of" $23,446.56 on the General Fund and vouchers No. 267A through No. 272A in the amount of $2,706.78, on the_IVater Fuhd,-'.as aud_0ed::by:-tJle_Mayor and : Trustees be paid. : : , ' _" i. - " "', "It was moved :by Trustee' R_ymond A. Smith,' Seconded'by T.rustee Walter E. Nicolo_£ and carried with no negative votes that this meeting recess to be resumed on Monday, May 26: 1969, at 8:00 P. M. E.D.S.T4'

_._: .Y . -- .

Nalter.-W.,.M_t; Acting Secretary.

East Auriga, New York May _6, 1969

Minutes of the regular meeting of May 19, 1969 of the Board of I_rns_ees of the Village of East Aurora held in the Board Room at the Village Hall, corner of Main and Paine Streets, EastAurora, New York, re'cessed and r6cgnvened at 8:00 O'clock in the evening May:' 26,; :1969; = _-

There were present,,,the following: Mess_s. J. Forrest Cain, Mayor presiding; David P. •Elmer,James• W. For_.;t,,Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A.'Smith, Trustees, cc_rprisinga quorum of the Board; also-Messrs. Walter W. Howitt, Village Attorney, 'James R! O'Connor, Village Engineer and Henry A. Sherwood, 34 East Aurora, New York May 19, 1969.

that-a,number ofrmiscellaneous and minor non-operating deficiencies remain to be corrected but that none of these interfere with theoperatioW:of the'fire truck..

The Police report for the month of April 1969 was received by the Board, noted and ,ordered"£o be filed with the Village records. :.

By consent the Village Engineer was authorized to obtain approximately 12 newstreet Waste baskets and install the same along the streets of the Village.

_._: .Y . -- .

Nalter.-W.,.M_t; Acting Secretary.

East Auriga, New York May _6, 1969

Village Clerk.

Trustee James W . Ford moved, seconded by Trustee Raymond A. Smith and carried, that the minutes of the regular meeting of May 19, 1969, be accepted as submitted.

At 8:15 P. M., the Board entered executive session. At 8:35 P. M., the Board re-entered regular session.

Mayor Cain re-presented the "Clerk of the Year" trophy that had been presented to Village Clerk Henry A. Sherwood in St. Louis, Missouri, May 21, 1969, at the International Institute of Municipal Clerks annual meeting.

"The matter of the overflow of Tannery Brook during a heavy rain storm May 18, 1969, came on for consideration. Mayor Cain reviewed the flooding condition as it had developed during the storm. The discussion centered about the corrective work proposed by consultin_ engineers, _rehbiol, Guay, Rugg & Hall, for that part of the Brook between the _:a: Main Street culvert and the Oakwood _venue culvert. It was suggested that this expanse approximately i,i00 feet, should be con_pletelyenclosed. If this is accomplished, . , al_proximatelyfive acres of no unuseable land could be recovered. - (_ro_._t,_

Trustee Ford advised that no work could be started for either remedial or make-safe projects unti ! proper easments from the l_ropertyowners are obtained. It was intimated by the owners present, of property in the area that no one would object to the Village performing remedial work between Main Street and Oakwood Avenue.

After lengthy discussion of the flooding shd erosion problem:

Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford and unanimously carried that the Village Engineer be authorized• to imediately cause the damaged area south of Main Street and west of South Willow Street to be made safe on a temporary basis.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried that the Village Engineer and the consulting engineers, Krehbiel, Guay, Rugg & Hall, in conjunctfon with the State of New York Department of TY_nsportation be authorized _o i_ediately ascertain all costs of the permanent rebuilding of a covered channel between the north side of Main Street and the south side of the Oak- wood Avenue culvert.

Trbstee David P. Elmer moved, seconded by Trustee Robert B. Kelly and carried, that subsequent to the cost determination of the Main Street-Oakwood Avenue section, the consulting engineers, Kmenbiel, Guay, Rugg & Hall, be authorized to up-date the cost of the balance of their proposed remedia_lwork in Tannery Brook except the Maple Street Bridge and the Pine Street Bridge according to the 1960 survey and that the cost of a bridge at Brook Lea Drive be added.

A cc_mnunicationwas presented by the Aurora Junior Women's Club asking permission to operate a "thrift shop" at 298 Main Street. The purpose of said shop would be to provide a meeting place and a facility for the raising of funds for Village agencies i_n¢_uding the East Aurora Boys Club, CoT_aunitySwitchingPool, etc. Operating personnel of the shop will be on a.voluntary basis. Discussion indicated that such a venture inan "R-C" zone might be prohibited. The Junior Women's Club representatives were advised to apply to the Zoning Board of Appeals for a variance. 6 East Aurora, New York May 26, 1969. "I

A letter from the Erie County Department of Public Works regarding the Village share of the cost of rebuilding Girard Avenue was read and considered. Under the Ceunty'_ proposal, the Village will be responsible for paying approximately $150,000 for curbing, sidewalks, cribbing, drainage, etc. These funds must be placed in escrow to cover the probable costs•involved.

After a discussion during wMch it was reported that a bond resoluti•on to provide the said amount of $150,000 is being prepared for adoption by this Board and dur_ig which it was further reported that it was the desire of the County of Erie to transfer ownership and responsibility for Girard Avenue to the Village of East Aurora upon the completion of the reconstruction of the said Girard Avenue, the following resolution was moved by Trustee Robert B. Kelly, seconded by Trustee Walter E. Nicoloff and unanimously adopted:

WHEREAS the County of Erie Department of E Public Works and the Vill•ageBoard of Trustees of the Village of East Aurora, New York, have entered into a tentative arrangement under which the Village of East Aurora has agreed to place in escrow the Sum of $150,000 with the CSunty of Erie from which sum will be pa_d the cost of installing curbs, sidewalks, cribbing and drainage im_ Girard Avenue in connection with the reconstruction of the said Girard Avenue (County Road 219) in accordance with a certain letter from Earl P. North, Jt., Deputy Commissioner-Highways of the Erie County Department of Public Workss, dated May 21, 1969, and

WHEREAS it is the desire of this Board to affirm its intention of adopting a bond resolution to provide the said sum of $150,000 for the said purpose, and

WHEREAS, it is the intention of this Board to accept the dedication of the said Girard Avenue (County Road 219) from the County of Erie and to hold the same as a Village Street upon the cc_mpletionof the' said recc_Lstructionof the said street.

NOW IHEREFORE, BE IT RESOLVED that the Village Board of Trustees of the Village of East Aurora, New York, does hereby agree:

(a) To adopt a bond resolution providing the sum of $15@,@@@ to be placed in escrow with _e County of Erie to pay for the cost of construction of curbs, sidewalks, cribbing and drainage in Girard Avenue in the Vilage of East Aurora in connection With the reconstruction of the said Girard Avenue by the County of Erie in accordance with the provisions of a letter from Earl P. North, Jr., Deputy Commissioner - Highways of the Erie Count_ Department of Public Works, dated May 21, 1969. (b) That the Village of East Aurora will place the Said sum of $150,000 in the said escrow account in accordance with the provisions " of said letter dated May 21, 1969. (c) That the Village of East Aurora will accept the dedication of the said Girard Avenue by the Count_#of Erie to the Village of East Aurora as a Village Street upon the reconstPuotion of Girard Avenue as a con_pletelyrepaved street complete with curbs,_'sidewalks,cribbing and drainage installation.

Following a further discussion:

It was moved by Trustee Robert B. Kelly, seconded by Trustee Walter E. Nicoloff s_d unanimously carried that Mayor J. Forrest Cain, Village Engineer James "--- 37

East Aurora, New York May_26, 1969.

R. O'Connor and Village Attorney Walter W. Howitt forward a certified copy of the foregoing resolution together with an appropriate letter of transmittal to the Erie County Departm ent of Public Works at their early convenience.

After discussion of the need of enlarging theSimplex alarm system facilities in the Police Station:

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and unanimously carried that the Simplex Recorder Company be authorized to enlarge the Village alarm system equipment to accomodate an additional 25 connections at a cost of not to exceed $2,500 and that the necessary funds be appropriated from unappropriated surplus ..

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford andcarried that the Village Attorney.Tbeauthorized to contact Mr. Peter B. Flickenger concerning the desire of the Village to acceptMr. Flickenger's offer of a contribution of $1,000 toward the purchase of the additional simplex alarm systerpequipment.

Trustee Robert B. Kelly moved, seconded by Trustee W_iter E. Nicoloff and carried that the following funds be encumbered from the 1968-69 Budget for payment of various"invoices after May 31, 1969.

Account No.

A20-400 $ 12.00 A40-200 50.00 A40-400 31.20 A54-400 192.87 A58-400 7.50 - A64_400 2,565.74 A74-400 986.27 A75-400 I " 304.44 • A81-400 179.52 A82-400 88.68 , A88-400 185.00 A101-400., 20.00" AI04-400 ." 882.45 AI05-400 , . 2,441.93 A121-400 175.00 A124-400 12.18 A125-400 ' 350.00 A200-400-A 7.59 -- A200-400-B '" 41.49

$ 8.533.86

EncLm_rance continued from 1967-68

A104_,,400 $ 500.00

Trustee Robert B. KelLy moved, seconded by Trustee Walter E. Nicoloff and carried that the following funds be transferred in the General Fund to balance the accounts for the fiscal year ending May 31, 1969. .L 38 _ ,_

East Aurora, New York May 26, 1969.

Frcm AccoLmt No. To AccouNt No. --

M0-100 60.00 A30-200 i01.00 AI0-200 1,000.00 A30-400 150.00 M0-400 500/00 A40-100 3.658.00 A20-200 _ 40.00 A54-400 620.00 A20-100 20.00 A58-I00 48.00 A20-400 ....525.00 .. AS8-400 525.00 A40-200 250.00 A60-400 14.00 A40-400 250.00 A66-400 5.00 AS8-200 410.00 A74-I00 1,180.00 A64-400 1,785.00 A74-400 250.00 A74-200 240.00 A75-I00 7,S_3.00 A75-200 920.00 A75-400 7.940.00 A81-A-I00 17,335.00 A81-A-200" 188.00 A81-100 855.00 A81LA-400 667.00 A81-200 3,315.00 A81-400 4,425.00 A82-200 65.00 A82-100 17,970.00 'A88-100 " 1;375.00 A82-400" 1,865.00 A85-400 75.00 Al0i-400 2.,365.00 A88-400 l,S00.00 M04-400 370.00 M00-100 2,730.00 M23-400 1,870.00 M02-100=B 1,570.00 A121-400 5,820.00 AI03-100 4,000.00 M24-400 2.370.00 M03-400 1,495.00 M25-I00 4,904.00 AI01-100 300.00 A200-100-B 400.00 M05-400 1,325.00 A209-400 510.00 M21-100 i,ii0.00 A290-401 1,781.00 M21-200 1,000.00 A290-402 3,525.00 M23-100- 3,680.00 A290-403 120.00 A123-200. 325.00 A290-408 431.00 M24-I00 3,550.00 A290-550 3,145.00 A124-200 1,000.00 A290-560 1,950.00 M02-100. 20.00 A290-624 40.00 M02-400 10S.00 A290-636 295.00 A104-I00 170.00 M04-200. 190.00 A200-A-100-A 750.00 A200-200-A 160.00 A200-200-B 1,000.00 A200-400-B 215.00 A204-400 160.00 A234-400 i00.00 A290-402 1,350.00 A290-610 500.00 A290-626 235.00 A290-628 805.00 A290-630 4,250.00 A290-633. 1,250.00 A290-650 10,410.00 A290-681 2_640.00

$ 76,915.00 $ 76,915.00 7 Trustee Rober B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried that the 1968-69 Budget be amended by increasing account No. A200-400-A by $1],i00.00, said funds to be transferred from unappropriated surplus. + Od East Aurora, New York' May 26, 1969.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried:

WHEREAS the following Curb and Gutter Assessments and Sidewalk Assess- ments were received after the tax roll was set to press, these assessments now being satisfied , the same be stricken from the tax roll.

CURB and GkrFrRR

204-65 Hubert C. Fortes '.... 570 Crescent Avenue $ 57.60 SIDEWALKS

201-399 Oliver Reed 160 Oakwood Avenue 25.57 201-401-500 Circle Enterprises,Inc. • Vac. Oakwood Avenue 29.21 202-295 Thomas C. Asbury 19 Park Place 6.61 202-328 Charles A. Davis Est. 39 Paine Street 11.89 204-202 Elmer A. J_hn 278 So. Grove'Street 22.87 204-151 Harold Pangborn 371 Sycamore street 40.36 204-248 William D. Black 265 Sycamore Street 29.40 204-203 William J. Sheeran 300 So. Grove Street 30.82

WHEREAS t_e p_operty owned by Baker M_morial Church, 201-372, being tax exempt, the sidewalk assessment for this property be added to the 1969-70 tax roll in the increment amount of $142.50 including interest.

After discussion of the proposed project of installing the necessary water lines and cross connections, etc., in Girard Avenue prior to the rebuilding of the street by the County of Erie:

Trustee Walter E Nicoloff moved, seconded by Trustee Robert B. Kelly and carried that Lozier Engineers, Inc., be authorized to prepare final construction dr_ingsready for bids to be advertised .andopened June 23rd, for the laying of water•lines, cross connections, etc., in Girard Avenue before said Girard Avenue is rebuilt by the .County of Erie.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried-_{:_ no negative votes, that vouchers No. 1261 through No. 1296 in the amount of $19,310.78 on the General Fund, and vouchers No. 277 through No. 289 in the amount of $20,622.58 on the Water Fund, as audited by the Mayor and Trustees, be paid.

Trustee Raymond A. Smith moved, seconded by Trustee Walter+E. Nicoloff and unanimously carried, that this meeting adjoun_ at 11:45 P. M.

h'@nry_(_fiherwodd,Village Clerk."-_

East Aurora, New York June 9, 1969.

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York_ held in the BoardRoam at the Villsge Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening , June 9, 1969, at 8:00 o'clock. + Od East Aurora, New York' May 26, 1969.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried:

CURB and GkrFrRR

204-65 Hubert C. Fortes '.... 570 Crescent Avenue $ 57.60 SIDEWALKS

After discussion of the proposed project of installing the necessary water lines and cross connections, etc., in Girard Avenue prior to the rebuilding of the street by the County of Erie:

Trustee Raymond A. Smith moved, seconded by Trustee Walter+E. Nicoloff and unanimously carried, that this meeting adjoun_ at 11:45 P. M.

h'@nry_(_fiherwodd,Village Clerk."-_

East Aurora, New York June 9, 1969.

There were present, the following: Messrs. J. Forrest Cain, Mayor.presiding; James W. Ford, David P. Elmer, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Walter W. Howitt, VillageAttorney and Henry A. Sherwood, Village Clerk.

The Board entered executive session until 8:35 P. M., at which time the regular session convened.

Trustee James W. Ford moved, seconded by Trustee Robert B. Kelly and.unanimously carried that the minutes of the recessed meeting of May 26th be accepted as subnLitted.

The assistant to :theVillage Engineer, Roy Lang, reported that the corrective work on Tannery Brook in the vicinity of South Willow Street has been completed and the area is back filled. The grading will be accomplished by June 10th.

Mr. John Niblock, representing Krehbiel, Guay, Rugg_¢ Hall, presented a written report stating further up-dated costs estimates for the ccmplete enclosure of Tannery Brook between _he Oakwood Avenue culvert and the Main Street culvert. The total cost estimate of this improvement is $475,728.00.. The State of New York would be expected to be responsible for a presently _imd_ermined portion of the cost of the culvert passing under Main Street.

After considerable discussion of the Krehbiel.,@ugh, Rugg & Hall report, i Trustee Walter E. Nicoloff moved, seconded by Trustee Robert B. Kelly and carried with one negative vgte that the report of Krehbiel, Guay, Rugg & Hall be received=and forwarded to the . Capital Expenditures Conmittee for their consideration and report back to the Village Board.

Trustee David P. Elmer presented hi_ minority report that the best solution to the Tannery Brook problem is diversion of the head waters through the Town of Elma to Buffalo Creek. Mr. Elmer feels that this concept should be explored again before any other solution is considered.'

The updated cost estimate of Krehbiel, Guay, R@gg & Hall of the balance of Tannery.Brook between the north side of Main Street culvert and the east Village line was next considered.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with one negative vote that the remainder of the Tannery : Brook project between the north side of the Main Street culvert to the east_Village line be.referred to the Capital Expenditures Committee and also..t_atir_quiryshould be made to the 701 Con_ttee as to what considera- lion they have.given to the Tannery Brook flood problem.

The matter of a previously received petition to grant a permit to install gasoline pun_s on property leased by Aurora Car Wash at 170 Grey Street came on for consideration.. A communication regarding this petition .was received from t_e Planning Cu_&ssion and read by the Village Clerk. The report recommended denial of the permit on the basis of present non-cenfomning use of the property under Section S.03SA of the Zoning Ordinances and also on the pre_se that the new use, if granted, would constitute a gasoline service station requiring a public hearing under Article 7A, Section 7.001. (It was established that the required public hearing has already been held.) 41 East Aurora, New York June 9, 1969

_ After considerable discussion there being additional information desired by the Trustees, the matter will be considered further at the June 23rd meeting when it is expected that this information willbe made available.

Mayor Cain reported that Mr. and Mrs. Monroe, 142 Sycamore Street, have been advised what action the Village can take to remedy the problem of a storm drain passing through the basement of said property. No answer has been received from Mr. and Mrs. Monroe as to agreement to allow the remedial work to be accomplished.

Mrs. Alfred P. Spooner asked if any'action has been taken to apply for federal aid toward the purchase for.recreation use of the "Foss" property in the vicinity of the Community Swimming Pool. Trustee Elmer explained that several alternatives embracing recreation land uses in the area are being explored.. Mr. Russell Tryon, planning consultant for the "701" survey, advised that in his opinion the time to submit an application for state and federal aid to purchase the "Fpss" property is premature.

Village Attorney Howitt reported that _he Zoning Board of Appeals has granted the Aurora Junior Women's Club a zoning variance in order for them to use 298 Main Street as a facility for club rooms, an antique shopand used clothing sales room. The variance bill allow the sales room to be used three days a week for a limited time. Mr. Howitt also reported that the Zoning Board of Appeals has granted a co_nunity wide variance for the operators of retail businesses in the Village to conduct a sidewalk sale July 19, 1969, for the benefit of the Conmunity Swimming Pool Fund.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that the East Aurora Jaycees be granted permission to use Hamlin Park July.12, 1969, for the conducting of the Third Annual Junior Champ Track Meet.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that Mayor Cain be authorized to execute a Kontract with Robert Bove for dog control service for the period June i, 1969 through August 31, 1969, on the stoneterms as the previpns contract.

Trustee Jmnes W. Ford offered the following resolution and moved its adoption:

BOND RESOLUTION OF THE VILLAGE OF EAST AURORA, _PEWYORK, ADOPTED JUNE 9, 1969, AUTHORIZING THE CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS ALONG BOTH SIDES OF GIRARD AVENUE s A PUBLIC ROAD IN SAID VILLAGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $142,500, APPROPRIATING :SAID_AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE .OF $142,500 SERIAL BONDS OF SAID V_EKAGE TO FINANCE SAID APPROPRIATION.

THE BOARD OF TRUSTEES OF THE VILLAGE OF EAST AURORA, IN mile COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of the members of said Board) AS FOLLOWS:

• Section I. Pursuant to Section 131 of the Highway Law and other laws applicable thereto, the Village of East Aurora (herein called "Village"), in the Count)_of Erie, New York, hereby authorized the construction of sidewalks, concrete curbs and gutters along both sides of Girard Avenue from

L. 42 East Aurora, New York .June 9, 1969.

Buffalo Avenue to Pine Street, a public and County road, in the Village,. said construction being an'additional expense and-part of the improvement by the County of Erie of said public and County road, the estimated maximum cost of such improvement, including said additional expense, being $700,000.. The estimated maximtm cost of constructing.such sidewalks, curbs and gutters, beingthe specific object or purpose for which bonds of the Village are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $142,500 and the said amount of $142,500 is hereby appropriated therefor. The plan of financing includes the issuance of $142,500 serial bonds of the Village and the levy of a tax upon all the taxable real property in the Village tO pay the principal of an¢Iinterest on said bonds as the same shall become due and payable. Fifty percentum (50_) of said cost will -be specially _ssessed against the property detemhined to be specially benefited by said improvement and the amount of any special assessments hereafter levied and collected on such property shall be budgeted as an offset to the taxes thus to be levied.

Section 2. Serial bonds of the Village-in the principal amount of $142,500 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws o£ the State of New York (herein called "Law").

Section 3. The following additional matters arehereby determined and declared:

(a) The period of probable usefulness of said specific object or purpose for which the bofidsauthorized pursuant to this resolution are to be issued, within the limitations of Section.ii.00 a. 24 of the Law, is ten (i0) years. (b) Current funds are not required to be proWded as a down payment prior to the issuance of the _erial bonds authorized pursuant to this resolution, or any bond anticipation notes issued in anticipation thereof, pursuant to _Lheprovisions of Section 107.00 d.3 (i) of the Law. (c) Fifty per cent_n (50%) of the cost will be specially assessed on property specially benefited by said improvement, pursuant to Section 161 of the Village Law, constituting Chapter 64 of said Consolidated Laws. (d) The proposed maturity of the bonds authorized pursuant to this resolution may exceed five (5) years.

Section 4. Each of the bonds authorized pursuant to this resolution, anclany bc_d anticipation notes issued in anticipation of the sale of such bonds, shall contain the recital of validity prescribed by § 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall[be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village without limitation of rate or amount. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and provision shall be made annually in hhe budget of the Village by appropriation for (a) the amortization and redemption of the bonds to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 5. Subject to the provisions of this resolution and pursuant to.§ 30.00 relative to the authori_ation of the issuance of bond anticipation notes and of § 50.00 and §§ 56.00 to 60.00 of the Law, the r 43 East Aurora, New York June 9, 1969.

powers _d duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing _he terms, form and contents and as to the sale and issuance of the serial bonds authorized pursuant to this resolution and of any notes au'_horizedand issued _n anticipation of said bonds, or the renewals thereof, 'arehereby delegated to the Village Treasurer, the chief fiscal officer of the Village.

Section 6. The validity of the bonds authorized pursuant to this resolution, and of any notes issued'in anticipation of the sale of said bonds, may be contested onl)_if:

(a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or

(b) the provisions of law which should be complied with at the date of publication of such resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or

Section 7. This resolution shall take effect .in_nediately.

The adoption of the foregoing resolution was seconded by Trustee David P. Elmer and duly put to'a vote on roll call, which resulted as f_llows:

AYES: Trustees: Robert B. Kelly, James W. Ford, Raymond " A. Smith, David P. Elmer, Walter E. Nicoloff, Neal Jacobus.

NOES: None

The resolution was declared unanimously adopted'.

Trustee James W. Ford offered the following resoiution and moved its adoption:

RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EAST AURORA, IN THE COUNTY OF EP_E, NEW YORK, AS FOLLOWS:

Section i. The Village Clerk of the Village ofEast Aurora, in the County of Erie, New York,is hereby directed to publish the foregoing bond resolution, in full, in the "EAST AURORA ADVERTISER"',a newspaper published in East AUrora, New York, having a general circulation within the Village and hereby designated as the official newspaper of the Village for such publication, together with a Notice in substantially the fore as provided by Section 81.00 of the Local Finance Law of the State of New York. : •

Section 2. This resolution shall take effect immediately. 44 East Aurora, New York June 9, 1969.

The adoption of the foregoing resolution was seconded by Trustee Robert B. Kelly and duly put to a vote on roll.cali, which resulted as follows:

AYES: Trustees: Robert B. Kelly, James W. Ford, Raymond A. Smith, Da*id l_.Elmer, Walter E. Nicoloff, Neal Jacobus.

• NOES : , None , " -•

The resolution was declared tmanimously.adopted, _ . = Trustee Vladimir E. Nicol0ff offered the following resolution and moved its adoption: •• l BOND RESOLUTION OF THE VILLAGE OF EAST AURORA, NEW YORK, ADOPTED JUNE 9, 1969, AUFHORIZING THE CONSTRUCTION OF A TWELVE IN(]4(12")WATER MAIN IN AND ALONG GIRARD AVENUE, IN SAID VILLAGE, STATING THE ESTIMATED'MAXIMIIMCOST THEREOF, IS $95,000, APPROPRIATING SAID A_OUNT THEREFOR AND AUTHORIZING _. THE iSSUANCE OF $95,000 SERIAL BONDS OF THE VILLAGE TO FINANCE SAID APPROPRIATION.

THE BOARD OF TRUSTEES OF THE VILLAGE OF:EAST AURORA, IN THE COUNTY'OF ERIE, NEW YORK (by _he favorable vote O_._no_e less than two-thirds of all the members of said Board) AS FOLLOWS:

Section i. The Village of East Aurora (herein called 'Willage"), in the Cotmty of Erie, is hereby authorized to construct a twelve inch (12") water main on Girard Avenue from Whaley Avenue west to a point approximately 450 •feetwest of Hamlin Avenue, in the Village, including land or rights in land and original equipment, machinery and apparatus. The estimated maximt_n cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $95,000, and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of serial bonds of the Village to finance said appropriation and the levy of a tax upon all the taxable real property within the Village to pay the principal of said bonds and the interest thereon ....

Section 2. Serial bonds of the Village in the principal amount of $95,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-@ of the CofisolidatedLaws of the State of New York (herein called "Law"), to finance said appropriation.

Section 3. The following additional matters are hereby determined and declared:

(a) The period of probable usefulness of the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section ii.00 a.l of the Law, is forty (40) years. (b) Current funds are not required to be provided prior to the issuance of the bonds authorized by-this resolution or any bond anticipation notes issued in anticipation of the sale thereof pursuant to the provisions of Section 107.00 d.3 (a) of the Law. (c) The proposed maturity of the bonds authorized by this resolution will be in excess of five (5) years. East Aurora, New York. June 9, 1969.

Section 4. Each of the serial bonds authorized by this resolution and any notes issued in anticipation of the sale of such bonds shall contain the recital of validity prescribed by _ 52.00 of the Law andsaid serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village without limitation of rate or amount. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and provision shall be made annually in the' budgets of the Village by appropriation for (a) the amortization and redemption of the bonds to mature in such year and (b) the payment of interest to be due and paygble in _uch year.

Section 5. Subject to the provisions of this resolution and pur- / suant _o §30.00 relative to the authorization of the issuance of bond anticipation notes and of § 50.00 and _§ 56.00 to 60.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the Serial bonds authorized by.thisresolution and of any notes authorized and issuedin anticipation of said bonds; and' the renewals thereof, are hereby delegated to the Village Treasurer, the chief fiscal officer.

Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or •

Co) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is.co_nenced within twenty days after the date of such publication, or i (c) Such obligations are authorized in viol_tion of the provisions of the constitution.

Section 7. This resolution shall be subject to a permissive referendum ,_ _ " ..

The adoption of the foregoing resolution was seconded by Trustee James W. Ford and duly put _toa vote on roll-call, which resulted as follows: "_ ""

AYES: J. Forrest Cain, Mayor TrMstees: - Robert B. Kelly, James W. Ford, : -David P. Elmer, V_adimir E. Nicoloff, Neal.Jacobus.

NOES: Trustee Raymond A. Smith.

The resolution was declared adopted. 46

East Aurora, New York June 9, 1969.

Trustee Vladimir E..Nicoloff offered the following resolution _md moved its adoption_

RESOLVED BY _ BOARD OF TRUSTEES OF THE VILLAGE OF EAST AUI_ORA, IN THE COUNTY_F ERIE., NEWYORK, AS FOLLOWS: "

Section i. The Village Clerk of the Village of East Aurora, in the County of Erie, New York, shall, within ten (i0) days after the adoption of the bond resolution'referred to in the form of Notice hereinafter set forth in Section 3 hereof',cause to be published at least once in the: 'LAST AURORA ADVERTISER", a newspaper published in East Aurora, New York, havSng a general circulation within said Village, and hereby designated as the officialnewspaper_of said Village:and to be _posted in at least six (6) of the most public places in the_Yi.l,lage,-aNot_ice,_which,. shall set forth the date of.adoption of said'foregoing resolution and contain'an abstract thereof concisely stating its pUrpose and effect.

" Section2. After said Bond resolution shall take-effect, the Village Clerk is hereby directed to'cause said.bond resolution to be published, in full, in the newspaper hereinabove referred to in Section 1 hereof, and hereby designated the official newspaper for said publication, together witha Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the CoNsOlidated Laws of the State of New York. "

Section 3. The Notice referred to in Section 1 hereo_, shall be in aabstantially the following fore

VILLAGE OF EAST AURORA t NEW YOR_

PLEASE FAKE NOTICE that on June 9, 1969, the Board of Trustees of the Village of East Aurora, in the County of Erie, New York, adopted the bond resolution entitled:

"Bond Resolution of the Village of East Aurora, New York, adopted June 9, 1969, authorizing the construction of a twelve inch (12") water main in and along Girard Avenue, in said Village, stating the estimated maximum cost thereof, i_ $95,000, appropriating said amount therefor and authorizing the issuknce of $95,000 serial bonds of the Village to finance said appropriation."

an abstract of which resolution concisely stating the"purpose and effect thereof, is as follows:

FIRST: AUFHORIZING the Village to construct a twelve inch (12") water main on Girard Avenue from Whaley Avenue west to a point approximately 450 feet west of Hamlin Avenue, in the Village, including land or rights in land and original equipment, machinery_and apparatus; STATING the estimated nmaximum cost of said specific object'or purpose including preliminary costs and costs incidental thereto and the financing thereof, is $95,000; APPROPRIATING said amount therefor and STATING the plan of financing includes the issuance of serial bonds to finance said appropriation, and the levy of a .taxupon all the taxable real property within the Village to pay the principal of said bonds and the interest thereon; : 47 East Aurora, New York June 9, 1969.

• _SECOND:: AUTHORIZING the ,issuance,of $95,000 serial bonds of the Village to finance said apprePriation.

THIRD: DETERMINING that the period of probable usefulness of said specific object or purpose is forty (40) years; that current funds are,n6_ required to be provided prior to the issuance of said bends or any bond anticipation.notes and that.the maturity of said bonds will exceed five _S) years; ; '' . :.... ,,

FOURTH:. DETERMINING that said bonds and any notes_issued'in anticipation of said bonds, shall be general obligations of the Village, and PLEDGING'to their payment the faith and credit of the Village;

FIFTH:. DELEGATING to the Village Treasurer the powers and duties as %o.the,._s'suance'of._suchbondsand any notes issued in anticipation of said bonds, or the '.renewalsthereof; and

SIXTH: DETERMINING that said resolution shall be subject to permissive referend_n. J. DATED: June 9, 1969. HENRY A. SHERWOOD, Village Clerk.

Section 4. This resolution shall take effect immediately.

The adoption o_ the foregoing resolution was seconded by Trustee Robert B. Kelly and duly .put to a vote onroll call, which resulted as follows:

AYES: Trustees Robert B. Kelly, James W. Ford, Raymond A. Smith, David P. Elmer, Vladimir E. Nicoloff, Neal Jacobus and Mayor J. Forrest Cain.. :

' NOES : " "None

The iresolutian was declared unanimously adopted.

Trustee J_nes W. Ford moved, seconded by Trustee David P. Elmer and unanimously carried that the Village Engineer be authorized to publish for bids for the construction and/or repair of approximately 5240 feet of 4" sidewalk and 724 feet of 6" sidewalk within the Village; said bids to be published in the official newspaper , with bids to be opened at 8:00 P. M.,.June 23, 1969.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer Rnd unanimously carried that a sign p_rmit application by Kelsey Jewelers, 696 Main Street, the same begranted.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that an over-payment of $i.00 in the 1969-70 Village taxes be.returned to Lois M. Melius, 34 Olean Street, property #202-482.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoleff and unanimously carried, "that the Village.Engineer be.authorized to make repairs to the Hamlin Park ,baseballbleachers as soon as possible.

Trustee Walter E. Nicoleff moved, seconded by Trustee Raymond A. Smith and East Aurora, New York June"9, 1969." unanimously carried that bids for the construction of Water lines in Girard Avenue be advertised in the official newspaper foropening- on June 23rd instead of June 30th as has been previously recommended by [Jozier_ENgineers,Inc.

Trustee Robert B. Kelly moved, seconded'by Trustee,Raymond A. Smith and carried with no negative votes, that vouchers•No. i through No. 69 in the amount of $94,583.33 on the,General Fund,"and vouchers No. 1_through NO. 6 in the mnount of $8,088.45 on the Water Fund,as audited by the Mayor and TruStees, be paid.

•Trustee David.P. Elmer moved, seconded by Trustee Walter E..Nicoloff and unanimously carried, that this:meeting recess at 11:30 P. M., Jto reconvene at 8:00 P. M., June 12th and to reconvene again at •8:00P. M.•June 16th.

•_ Henry .AJSherwood, Village Clerk.

East Aurora, New York _une 12, 1969

Minutes of the regular meeting of June 9, 1969, of the Board of Trustees of the Village _of East Aurora, New York, held in the Board Room at the Village Hall, -corner of Main and Paine Streets, East Auroroa, New York, recessed to reconvene at 8:00 P. M., June 12th. ". _ "

There were.present,:thefollowing:" Messrs. J..Forrest Cain•,Mayor presiding; James W. Ford, David P,.Elmer, Robert B. Kelly,,WalterE. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorneyi J_nes R. O'Connor, Village Engineer and Henry A. Sherwood, Village'Clerk,. , ";

There was absent Trustee Neal Jacobus.

At 8:30 P. M., the Board entered executive session. At 11:50 P. M. the Board re-entered regular session and recessed the meeting until 8:00 P. M., June 16, 1969.

• Henry A. Sherwood, Village Clerk.

East AUrora, New York june 16, 1969.

Minutes of the regular meeting of June 9, 1969, as recessed and reconvened June 12, 1969 of the Board of Trustees of the Village of East Aurora, New York, held in the Board Rocm at theVillage Hall, corner of Main andPaine Streets, East' Aurora, New York, reconvened againat 8:00 P. M. June 16, 1969;

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; James W. Ford, David P. Elmer, Robert B. Kelly, Neal Jacobus, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board;:also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk. East Aurora, New York June"9, 1969." unanimously carried that bids for the construction of Water lines in Girard Avenue be advertised in the official newspaper foropening- on June 23rd instead of June 30th as has been previously recommended by [Jozier_ENgineers,Inc.

•_ Henry .AJSherwood, Village Clerk.

East Aurora, New York _une 12, 1969

There was absent Trustee Neal Jacobus.

At 8:30 P. M., the Board entered executive session. At 11:50 P. M. the Board re-entered regular session and recessed the meeting until 8:00 P. M., June 16, 1969.

• Henry A. Sherwood, Village Clerk.

East AUrora, New York june 16, 1969.

•_ Henry .AJSherwood, Village Clerk.

East Aurora, New York _une 12, 1969

There was absent Trustee Neal Jacobus.

At 8:30 P. M., the Board entered executive session. At 11:50 P. M. the Board re-entered regular session and recessed the meeting until 8:00 P. M., June 16, 1969.

• Henry A. Sherwood, Village Clerk.

East AUrora, New York june 16, 1969.

At 8:00 P. M., the Board entered executive session. At i0:30 P. M., the Board re-entered regular session.

• Mayor Cain repQrted that a house on the property at 27 Pine Street has been demolished and removed by thee In_nanuelLutheran Church thus leaving the land available for public parking am had beenagreed in the January 6, 1969, Board meeting.

Village Attorney Howitt reported that the attorney for the Lutheran Church had prepared and submitted a proposed parking lot lease covering the premises at 27 Pine Street, which lease made the premises available for public parking after improvement by.the Village, until October i, 1976, at which time the current parking lot lease on adjacent church property expires.

It was moved by Trustee RaymQnd A. Smith and seconded by Trustee Robert B. Kelly that Mayor Cain be authorized to execute the said lease on behalf of the Village.

In _he course of discussion on the question it was developed that the previous action by the Board taken on January...6,1969, was based upon the Village being given a "standard parking lot leas.e"in return for the improving and black topping of the said premises. It was also developed cluringthe said discussion on the question that there have been no findings by the Board at its January 6, 1969 meeting that the providing of public parking on the said premises at 27 Pine Street would be in the public interest. It was further developed in the said discussion that the premises in question are approximately 58 feet wide, 264 feet deep and would provide parking spaces for approximately 50 automobiles.

Following further discussion, Trustee Raymofld A. Smith amended his motion to move that Mayor Cain b_ authorized to execute a "standard parking lot lease" for a period of at least ten years and that the attorney for the Lutheran Church be advised by the Village Attorney to submit an _nended lease in standard form. Trustee Robert B. Kelly seconded the amended motion and upon a vote the motion was carried with five affirmative votes and two negative votes.

Trustee Raymond A. Smith then moved that it is the finding of the Board of Trustees that the .improvement of the premises at 27 Pine Street by the Village to provide public parking for an estimated 50 automobiles under a lease arrangement with the Immanuel Lutheran Church for a period of at least ten years would be of benefit to the Village of East Aurora and in the public interest. This motion was seconded by Trustee Robert B. Kelly and upon a vote was carried with siK_ affirmative votes and one negative vote.

The matter of a petition signed by a majority of the residents of Fairlawn Subdivision complaining of the unkept condition of two _t-" houses and certain lots on Fairlmcn Drive, was considered.

Village Attorney Howitt advised that Section 89, Paragraph 33 of the Village Law gives the Village Board power to require owners of real property to cut weeds, etc/and, remove rubbish. In the absence of such action by the owners of property requiring sMch care, the Village Board can order such.property to be cleaned up

with the cost to be assessed against the property. .

It was found,,after discussion, that the presence of said-debris that exists

on the properties in question is a hazard to the health, s_fety and welfare of the 0 East Aurora, New York June 16, 1969.

neighborhood. ..

Trustee David P, Elmer moved, seconded by .Trustee Robert B, Kelly and unanimously carried that the owners of the properties in question in the Fairlawn •Subdivisionbe notified in w_iting to clean up said property before June 23, 1969, or the Village.will cause'the work to .. be performed at the owner's expense hdco_ding to Section 89, Paragraph 33 of the Village Law. (See minutes of June 23rd for amended resolution) .. .. - ..i ., There•followed a discussion of.a letter.received from.Leland .Austin, Recrea- tion CormnissionChairman regarding the use of Hamlin Park for the East Aurora Volunteer Fire Department for their annual carnival Jthie 26-28.--After lengthy discussion it was agreed that Trustee David P. Elmer as Village Board recreation representative, will confer with the East Aurora Fire Department and Recreation Commission in an effort to clarify Mr. Austin's letter.

Police, Fire Alarm Clerk and Dog Control officers' reports for the month of May were presented by Mayor Cain. After discussion the reports were ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A¢.Smith and unanimously carried that this meeting adjourn at 12:05 A. M., June 17, 1969. .

: i •. Henry A. Sherwood, Village Clerk.

East Aurora, New York , , "June 23, 1969.. ..

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New :York, held in the Board Room at the Village Hall, corner of Main .and Paine Streets, East Aurora, New York, on Monday evening.,June 23, 1969, at 8:00 P. M. o'clock.

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; J.amesR. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Ni-coloff andunanimously carried that %he.minutes of the meeting of June 9, 1969, and the minutes of the meeting recessed to June 12, 1969, and the minutes of the meeting further recessed to June 16, 1969, be approved as corrected.

Mayor Cain called for the opening of bids for the construction of sidewalks. The one bid for this project was received from Cemuiini Construction Company, Buffalo, for the construction and/or reconstruction of 21,000 square feet of 4"• and 3,000 square feet of 6" sidewalk for a total amount of •$28,710. The..4"side-• walk being at the rate of $1.16 per square foot and 6" sidewalk at the rate of $1.45 per square foot. "'

Trustee James W. Ford rhoved,seconded by Tm-tmteeDavid P. Elmer 0 East Aurora, New York June 16, 1969.

neighborhood. ..

Police, Fire Alarm Clerk and Dog Control officers' reports for the month of May were presented by Mayor Cain. After discussion the reports were ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A¢.Smith and unanimously carried that this meeting adjourn at 12:05 A. M., June 17, 1969. .

: i •. Henry A. Sherwood, Village Clerk.

East Aurora, New York , , "June 23, 1969.. ..

Trustee James W. Ford rhoved,seconded by Tm-tmteeDavid P. Elmer East Aurora',New York June 23, 1969.

and unanimously carried that the bid of Cemulini Construction Company for sidewalk construction and reconstruction be referred to the Vi'llageEngineer for study and report back to the Board.

Mayor Cain then called for the opening of bids for the installation of a 12" reinforcing watermain in Girard Avenue, as advertised. Bids wereopened and read as follo_s:

Est. Total Est. Total Contract" Contract Including Optional Items Henry J. Secord .... 4856 Seneca St. W. Seneca, N.Y. 14224 $ 78,860.00 $ 102,680.00

R. Vogel Construction,Inc. •1299 Union Road,:W.Seneca, N.Y..14224 104,470.00 131,670.00

Biline Construction Company ' 3800 Union Rd., Cheektowaga, N.Y. 14225 66,260.00 89,225.80

Keith Wilkinson Trenching Company 1352 Exchange St., Alde8,N.Y. 14004 67,633.50 94,776/50

Mulligan Trenching Service 561 Colt Ave., Lewiston,.N, _Y.• _' 77,782.54 106,792.54

Freeway Contr. Company, Inc. 4279 Delaware Ave., Tonawanda, N.Y. 14150 59,802.50 84,035.50

Carhar Contr. Company, Inc. ii Tristen Lane,Willi_nsville, N.Y. 14221 86,740.00 122,365.00

Cimato Bros. Inc. " "' :: " _ : ,'" 76 Huntleigh Circle, Amherst,N.Y. 14226 47,657.50 60,565.00

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and unanimously carried that the petition for the installation of a 12" reinforcing watemain in Girard Avenue be referred to the Village Engineer-and the consulting engineer, representing Lozier Engineers, Inc., for study and report to the Board'on June 30, 1969. ." ' --

TRus.teeWalter E. Nicoloff moved, seconded by Trustee Robert B. Kelly and unanimously carried that this meeting at its conclusion, be recessed until 8:00 P. M. iIune 30, 1969.

Mr. Eugene W. Huff_nan,68 Fairlawn"Drive, referred to a petition recently submitted by residents Of the Fairlawn'development area. Mr. Huffman asked on behalf of the signers what action is being taken concerning the neededweed and grass cutting and general clean-up requested in the petition.

Mayor Cain reported that Village equipment has been used to cut the weeds within eight to ten feet of the roadway. The Mayor further reported that even though the owners of the properties _n question have been contacted by letter, no action has been taken by them to clean up the property.

After considerable discussion it was found that objectionable we'eds,grass., 52 East Aurora, New York June 23, 1969.

brush, rubbish, etc., exists on 35 vacant lots and 2 improved lots in the Fair- lawn development area rather than on 8 lots and 2 improved lots as reported June 16th. It was also found that at the June "16th Board meeting the specific properties in question were not identified.'

After further lengthy discussion, Trustee J_es W. Ford moved, seconded by Trtmtee David l_.Elmer and unanimously carried, that the minutes of the June 16th portion of the June 9th meeting as recessed, be re-opened.

Trustee James W. Ford moved, seconded by Trustee Robert B. Kelly and urmnimously carried that the minu_es of the June 16th portion,of the June 9th meeting be modified on the matter of a petition concerning unkept properties in the Fairlawn Subdivision, to read as follows:

"The matter of a petition signed by a majority of the residents of Fairlawn Subdivision complaining of the tin_keptcondition of two vacant houses, 41 Fairlawn and 64 Fairlawn, and certain lots on Fairlawn Drive was considered: ......

Trustee David P. Elmer moved, seconded by Trustee Robert B. Kelly " and unanimously carried that the owners of the properties in question in the Fairlawn Subdivision be notified in writing to clean up said - properties before June 23, 1969, or the Village will Cause the work to be performed at the owner's expense according to Section 89, Para- graph 33 of the Village Law."

Trustee David P. Elmer moved, seconded by.Trus'teeRobert B. Kelly and unanimously carried that the owners of properties in the Fairlawn Subdivision be -notified that the period of compliance has been extended to June 30, 1969. "

The matter of a petition by the operators of Aurora Car Wash, Inc., asking permission to install gasoline ptmTpson their leased property at 170 Grey Street came on for consideration.

An amended plot plan showing increased fuel reservoir space was presented by Douglas Kuhn, attorney for the petitioner.. "" . "

Following an extended discussion during which statements were made by Trustees Ford, KellX and Elmera_8*_Mayor Cain, and comments were made by TrusteesSmith and Nicoioff, the statements and comments were reduced to specific findings.

Following this it was moved by Trustee Raymond A. Smith, seconded,by Trustee Walter E. Nicoloff and tmanimously carried that the Village Board of Trustees makes the following findings of fact in connection with the matter of the granting or withholding of permission to Aurora Car Wash, Inc., to install two gasoline pumps on the southerly side of the car wash building or premises on property known as 170-Grey Street, owned by Osmos Realty Campany at the northeasterly intersection of Grey Street and Route 20-A.in the.Village of East:Aurora.

•• FINDINGS

I. That the premises in question are a part of the C-M (General Commercial) District of the Village of East"Aurora, and that the rapid • 53 East Aurora, New York June 23, 196"9.

car wash use of the said premises is a non-conforming use thereof in' that the required minimum of 40 useable reservoir spaces are not provided on the premises for the first wash lane thereon.

2. That currently it is not the practice of the major oil companies to enter into the tylSe of contract arrangement customarily used in connection with conventional service staticn operations, .when gasoline is furnished to a rapid car wash operator; and in the absence of such a contract this Village would not have recourse to a major oil company to enforce the standards of conduct of a standard gasoline service station custanarily required in such a standard contract.

3. That t6 extend the current rapid car wash operation on the premises would be an extension or enlargement of the current non-conforming use of the premises which extension or enlargement is prohibited by Section 8.02 of the Zoning Ordin/nce of this village.

4. That the Village of'East Aurora Safety Conmiitteerecs_nend that a sidewalk be constructed along the Route 20-A side of the premises for pedestrian use which sidewalk, if constructed, would curtail the use of land irea for car wash reservoir spaces, as shown on a plan or map drawn on 5/13/69 and submitted to this BoArd.

5. That the general welfare, health and safety of the residents of the Village of East Aurora would not be benefically affected by the issuance of a permit for the installation of the gasoline pumps requested.

It was then moved by Trustee Jsmes W. Ford "andseconded by Trustee Walter E. Ni'coloffthat based upon the foregoing findings, the application of Aurora Car Wash, Inc., and Osmos Realty Co. for a permit and permission to install two gasoline pumps on the southerly side o_fthe rapid car wash building•at the northeast intersectfon of Grey Street and Route 20-A in the_Village of East Aurora, be denied. Upon being put to a roll call _ote this motion was carried with Trustees James W. Ford, • David P. Elmer, Robert B. Kelly, Walter.E. Nicoloff and Raymond A. Smith and Mayor Cain voting "aye" ont_ennoti6n.

Trustee David P. Elmer reported that a snow fence has been installed across the outfield in the baseball diamond in Hamlin Park. The fence was erected by the Town baseball team with approval of the Recreation Director. There is agreement that the fence may -be removed temporarily by the Fire Department to allow sufficient space for their annual carnival June 25th, 26th and 27th, 1969.

DisoJssion indicated that any grotmd's- damage caused by the carnival use should not be the responsibility of the Fire Depar1_nentbecause such possible' damage is part of normal wear and tear by use of the park.

Trustee Robert B. Kelly.moved, seconded by Trustee Raymond A. Smith and unanimously carried that vouchers No. 70 through No. ll6in the amount of $61,681.84 on the General Fund, and vouchers No. 7 through No. 18 in the anount o.f$5,151.69 on the Water Fund, as audited by the Mayor and Trustees, be.paid.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that.this meeting recess at 11:40 P. M., until 8:00 P. M. June 30, 1969. 54 East Aurora, New York June 30, 1969.

Minutes of the recessed meeting of June •23, 1969 of the Board of Trustees of the Village of Past'ANr6ra, 'New York, held in the Board ROom at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, reconvened on Monday evening, June 30, 1969, at 8:00 P. M., o'clock. '

There were present, the _following: Messrs. Robert_'•B.Kelly, DeputyMayor presiding; David P. Elmer, James W. Ford, Neal Jacobbs, Walter E. Nicoloff and Raymond A'.'Smith,Tr_mtees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James•_RiO'.Connor,Village Engineer and Henry A. Sherwood, Village Clerk. o

At 8:15 P. M., Deputy Mayor Robert B. Kelly, in the absence of Mayor J. Forrest Cain who was out of the Village, reconvened the recessed meeting •of June 23, 1969.

Trustee Raymo_dA. Smith moved, seconded by Trustee Walter E. Nicoloff and cai_riedwith no negative votes, that the surety bond submitted for Village 'Justice Edward M. Zimmerman and _he bond submitted for Acting Justice Joseph S. Mogavero, being in order after examination by the Board of Trustees, the same be approved.

Trustee James W. Ford discussed the bid of'Cemulini Construction Company, Buffalo, for sidewalk construction for the 1969 year. Mr. Ford found, and the Board concurred, that the cost per square foot is almost double the amount 'paid last year for similar construction.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes that the lone bid received from Cemulini Constnlction Con_panyfor sidewalk construction and reconstruction fo_ 'the 1969 year',.be rejected by reason of the p_ice not being in the best interest of the taxpayers of the Village.

Upon thequestion , Trustee Ford.expressed an interest in having the project rebid. Village Engineer O'Connor advised that the specifications for the bid for 1969 included the grinding Of tree roots ilthough this operation was afseparate expense in 1968; however, the cost of tree root grinding should not significantly have increased the quotation by Cemulini.

Trustee James W. Ford moved, secondedc by Trustee David P. Elmer and carried with no negative votes that the Village F@gineer be authorized to advertise for bids for the•cunstruction and reconstruction of approximately 21,000 square feet of 4'!and 3,000 square feet of 6" sidewalk within the Villa_e; said bids to be opened july 21, 1969_

Mr. W. H_ Steane, representing Lozier Engineers, Inc., presented a tabulation of the bids _for a•reinforcing watermain in Girard Avenue; said bids having been opened at the June 23, 1969 Board meeting. The acceptable low bid according to Mr. Steane, was submitted by Cimato Brothers in a tot_l amount of $47,657.50 with an estimated total contract including optional items intLieamount of $60,565.00. Mr. Steane reported that his investigation of work perfomed by Cimato Brothers, Inc., in other areas indicates that their work has been entirely satisfactory.

Trustee Walter E. Nicoloff moved the following resolution as seconded by Trustee James W. Ford and carried with no negative votes that

WHEREAS, on June 30, 1969, bids were received for the construction of Additional Girard Avenue Reinforcing Watermain for._theVillage of East Aurora • 55 East Aurora-,- New York June 30, 1969.

Erie County, New York; and

WHEREAS, the Village Board has carefully considered the bids received and the type of construction offered;

.NOW, THEREFORE, BE IT RE.SOLVED:that .thebest interests of the Village will be served by accepting the following Optional and • Alternate Items : : E

Optional Items Alternate Items

Ii, 12, 13, 14 and 15 None

AND BE IT RESOLVED, that the contract for construction be awarded to Cimato Brothers, Inc. of Amherst, New York, the lowest responsible bidder; at an estimated contract sum of $60,565.00.

Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and carried with no negative votesnthat an application by Bishop Turner Parents Guild, 185 hang Avenue, Buffalo, New York, for a temporary directional sign to be erected in the Village July 27, 1969, being in order, a permit for same-be granted.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes, that an over-payment of a curb and gutter assessment in the amount of.$20..00be refunded to Cora Adams, 584 Crescent Avenue, on property #204-68.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative,votes -thatthis meeting recess at 9:15 P. M..,to enter Executive Session.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative.votes that the meeting re-enter regular session at 11:25 P. M.

Trustee James W. Ford moved, seconded by"Trustee Raymond A. Smith and carried with no negative votes -thatthe-Village Engineer be directed and authorized to advertise for bSds for the furnishing of the following general street and utility supplies for the 1969 year: i. stone • 2. blacktop 3. liquid asphalt 4. drain pipe 5. rock salt 6. chlorine said bids to be opened on July-21, 1969.

Trustee Walter E. Nicoloff moved, seconded by'Trustee David P. Elmer and carried with no negative votes, that this meeting adjourn at 12:40 A. M. July 1, 1969.

; .. " _enry A/ Sherwood, Village Cl-_. 56 East Aurora, New York July 7, 1969.

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paihe_Sfreets, East Aurora',Ne_ York, •onMonda_ evening; July 7, 1969, at 8:00 P. M.

There were present the following: •Messrs. J. Ferrest Cain, Mayor presiding; James W. Ford, Robert B. Kelly, Walter E. Nicoloff and.Neal Jacobus, .Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

There were absent Trustees David P. Elmer and Raymond A. Smith.

Trustee Walter E. Nicoloff moved, seconded by Trustee Robert B. Kelly and carried with no negative votes that the minutes of the regular meeting of June 23, 1969 and_the minutes of the recessed-meeting of June•30, 1969, be approved as submitted. -'

• Trustee Robert B.•Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the "Fair Plays," the Town base-• ball te_n,•be granted their requested permissi'ontoconduct fund raising activities'during the baseball games Saturday And Sunday, August 2nd •add 3rd, according to the conditions set forth,in their letter of July 7, 1969. '

Village Engineer James R. O'Connor reported 'thatnone of the weeds on the properties recently complained abbut in the Fairlawn Acres Subdivision have been cut as of S:00P. M.today, July 7_ 1969.- Mr. O'Connor •submittedphotographs showing the condition of the front yards of the _o properties containing dwellings at 41 and 64 Fairlawn Drive respectively.

_e r_eportof the Village Engineer and the photogYaphs in support of said' report were received and considered by the Village Board.

Following this it was moved by Trustee Walter E."Nicoloff, . seconded by Trustee Neal Jacobus and carried with no negative votes that the petition of the several residents of the Fairlawn Subdivision heretofore referred to, the several •reports of the Village Ef_gineerih cormectfon with the condition of the properties complained of therein, the copies of the letters addressed to the owners of the said.properties complained of per direction of this Board and the said photographs of the properties at 41 and 64 Fair- lawn Drive respectively be made a part of the record of these proceedings being carried on pursuant to authority,contained in Paragraph 33 of Section 89 of the Village Law.

Following an extended discussion during whihh the _eports and exhibits hereinabove referred to werd considered and during"which additional data was supplied by Police Chief Carl-L. Waltz and Safety Co_nittee Chain_an Ralph J. • Dona relative to the condition of the said premises and the history in and about said premises the circumstAnces of the said reports , exhibits and coTmnentswere .reduced to certain findings.

Following this it was moved by Trustee Walter E. Nicoloff, seconded by Trustee Neal Jacobus and carried with no negative votes that the _VillageBoard of Trustees .makes the following findings of _fact in connection with the matter of requiring the cutting, trimming and removing of brush, 'grass, rubbish and weeds from premises known as 41 and 64 Fairlawn Drive owned of record by Fairlawn Development - Corporation: East AUrora, New Y'0rk Juyly 7, 1969.

I. That the presence of brush, grass, rubbish and weeds on premises known as-41 and 64 Fairlawn Drive constitute a fire and health hazard to the people of the Village .of East Aurora.

2.-.That due notice to Fairlawn Development Corporation, the record owner of said property per Ralph D. Coh_, president, has been heretofore duly mailed and delivered .to the said record owner as required b_ statute, ''-

3. "That reports of several acts of breaking and entering and vandalism in and. about the said premises have been reported.to and by the Police. Department of the Village of East Aurora.

4.. That the :presence of high.dry grass and weeds on the said premises in close proximity to adjacent dwellings constitute a specific fire hazard.

5. That by direction of this Board 'the owner of record of the said premises was directed to-remove thesaidbrush, grass, rubbish and.weeds on.or before Jtme 30, 1969•

That the said owner of record wholely failed to so remove the brush, grass and weeds by the said June 30, 1969, and has so failed to remove by this date; to wit, July 7i 1969•

7. That.the presence of broken windows in the structures on the said premises constitute a special invitation to entering and vandalism which is a hazard to the premises themselves, and adjacent residents' premises. , . - . .. 8. That it is the responsibility and the considered judgment of this Board that such grass, brush, rubbish, weeds and other materials be cut, .trim_aedand removed by this Village to remove the fire and health hazards from the-subject premises and'that the-cost.thereof which.constitutes a lien and charge upon the said parcels of real property, all as provided in Paragraph 33, Section 89 of the Village Law.

It was then moved by Trustee Walter E. Nicoloff and seconded by Trustee Neal Jacobus and carried with no negative votes, that the Village Engineer be instructed and directed to proceed at once to'contract for the removal of b_ur_h,grass, rubbish and weeds from premises, known as 41 and 64 Fairlawn Drive respectively, :.andfor .the closing of broken windows in the structures thereon so as to make the same Safe and to eliminate the fire nnd health hazard thereon; and that the total cost thereof be assessed,upon the said parcel of real property so as to constitute a lien and chargeon the-said real property, as is provided in the said Paragraph 33, Section 89 of the Village Law.

Trustee.James W. Ford discussed plans and goals of the State of_New York and the County of.Erie as regards air pollution control..Mr_ :Ford recalled actions' by this Board approximately one year ago as regards the addition to the Village Ordinances on open burning regulations in the Village. These regulations were adopted in co-operation-with i_heprogram of..theState of.New York and the County of Erie air pollution regulations. "'' t,_ .... .J :'.

Mr..Ford also discussed parts of'Section 375, 375A, "375B;-375C and 375D of the New York State Vehicle and Traffic Laws as regards emissions caused by motor velj,_cles. Mr. Ford advised of the availability of a motion picture identifying East Aurora,_New York July 7, 1969. -.

various examples of air p6i-l_on especially regarding motor vehicles. It was agreed that thisZmoviewill beshownat theJuly 21st Board meeting and that 'Police and Fire Department personnel will be invited.

Mayor Cain discussed a letter received from the Erie County DEpartment of" Public Worksconcerning the bid opening-and the financial arrangements required on the part of the Villageas the Vil.lageshare of the cost of rebuilding Girard Avenue. The bids will be opened July 31st. Instructions willbe issued shortly by the County Comptroller concerning the Village funds to be placed in escrow.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that the Village Attorney be ifistructed to prepare a statement concerning the intent of the Village, said statement to be released to Earl P'.North, Jr., Of the Erie County Department of Public Works just as soon as the required funds have been made available.

Trustee Walter E. Nicoloff reported that during the month of Jime 35,331,000 gallons of raw water were-pumped, this being equivalent to 27,170,000 gallons of treated water. The daily average was 1,177,700 gallons of raw water or 905,700 gallons of treated water.

Trustee Robert B. Kelly moved,seconded by Trustee Walter E..Nicoloff and carried with rionegative votes, that pending the receipt of bond anticipation note proceeds for the Girard Avenue watermain installation in the Capital Account, the Village Clerk-Treasurer be authorized to pay Invoice #7. Job #1413_5 as submittedby Lozier Engineers, Inc., in the amount of _20,041.90. " ....

Village Engineer O'_Gonnorpresented a petition from architects Fontanese & Halfpenny, for the erection of a temporary sign on the property at 277 Main Street announcing the planned erection on the _ite of a professiofialoffice bui iding. " ...... " .-

Truste6 Robert B.'Kelly moved, secondedby Trustee James W. Ford and carried with no negative Votes, that the request of Fontanese & Halfpenny, architects, to erect a temporary sign on the property at 277 Main Street, be granted as requested.

Trustee Robert.B. Kelly moved, secoridedBy Trustee Neal Jacobus and carried with no negative votes, that Myown Gadikian, temporary clerk- typist in the Engineer's Offfc6, be granted permanent appointment according to th6-Erie CoLmty Civil"Service, said permanent •appointment to be effective July 16, 1969, at the annual salary of $4,200. , -., .j , ! ' Trustee James W. Ford moved, secoridedby Trustee Neal Jacobus and _arriedwith no negative votes thatthis meeting recess at i0:00 P. M. in order for the Board to enter a work session.

• Trustee Walter E. Nicoloff moved, seconded by Trustee Robert B. Kelly_ _ and carried with no negative votes, that the Board re-ente_ regular session at 12:05 A. M.

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and carried with no negative votes, that vouchers No. 117 through No. 164 in the amount Of $37_846.23 on .the General Pu_d and vouchers No. 19 through No. 29 in the amount of $4,353.46 8n the Water Fund, is audited by the Mayor and'Trustees, be paid. East Aurora, New York July 7, 1969.

Trustee Walter E. Nicoloff moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that this meeting adjnurn at 12:06 A. M., July 8, 1969.

• H_nry y I

East Aurora, New'York July.21, 1969.

Minutes of the regular,m_eetingof the Board of Trustees of the Village of East Aurora, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday, July 21, 1969, at 8:00 o'clock in the evening.

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, Robert B. Kelly, James W. Ford and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

There were absent Trustees.Neal Jacobus and Walter E. Nicoloff.

Trustee James W. Ford moved, seconded:by Trustee Raymond A. Smith and carried with no negative votes, that the minutes of the regular' meeting of July 7, 1969, be approved as submitted.

Mayor Cain called for the opening of bids for the construction and"reconstruction of approximately 21,000 square feet of 4" sidewalk and 3,000 square feet of 6" sidewalk. ': ,

Bidders: Destro Brothers, Inc., West Seneca, N. Y. Cemulini Concrete Construction Company, Inc., Buffalo, N.Y. Falcone Brothers, Buffalo, N. Y.

Destro Cemulini Falcone 4" 4" _.ft. .-_/7-/_qT.ft .-'dJ-g-/_q_t. 6" .97/sq.ft i.03/sq.ft 1.06/sq.ft. Total $21,390.00 $19,260.00 $24.540.00

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes, that the bids for the construcfion and reconstruction of sidewalks be received and transferred to the Village Engineer for study with a report back to the Board.

Mayor Cain then called for the opening cfbids for st)eet maintenance materials and D.P.W. sunpplies,as follows:

• LIQUID ASPHALT "-

Bidder: Koppers Company, Inc., West Seneca, N. Y.

Item Price (per gallon, delivered) Arg-- 70 .20 70M .20 East Aurora, New York July 7, 1969.

Trustee Walter E. Nicoloff moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that this meeting adjnurn at 12:06 A. M., July 8, 1969.

• H_nry y I

East Aurora, New'York July.21, 1969.

There were absent Trustees.Neal Jacobus and Walter E. Nicoloff.

Trustee James W. Ford moved, seconded:by Trustee Raymond A. Smith and carried with no negative votes, that the minutes of the regular' meeting of July 7, 1969, be approved as submitted.

Mayor Cain called for the opening of bids for the construction and"reconstruction of approximately 21,000 square feet of 4" sidewalk and 3,000 square feet of 6" sidewalk. ': ,

Bidders: Destro Brothers, Inc., West Seneca, N. Y. Cemulini Concrete Construction Company, Inc., Buffalo, N.Y. Falcone Brothers, Buffalo, N. Y.

Destro Cemulini Falcone 4" 4" _.ft. .-_/7-/_qT.ft .-'dJ-g-/_q_t. 6" .97/sq.ft i.03/sq.ft 1.06/sq.ft. Total $21,390.00 $19,260.00 $24.540.00

Mayor Cain then called for the opening cfbids for st)eet maintenance materials and D.P.W. sunpplies,as follows:

• LIQUID ASPHALT "-

Bidder: Koppers Company, Inc., West Seneca, N. Y.

Item Price (per gallon, delivered) Arg-- 70 .20 70M .20 60 Bast Aurora, New York July 21, i969.

(Koppers Company, Inc., bid cont'd.)

Item _ Price ,(pergallon, delivered) ...... Filler .5--5-0---- " ". Spot Spray Patching .03 _i -

Trustee James W. Ford moved, seconded by Trustee Raymond'A. Smith and carried with no negafive votes that the bid of the Koppers Company, Inc. to supply asphalt produc'tsduring the 1969-1970 year, being .in order, the same be accepted at the prices listed above. ._ _..__. CRUSHED LIMESTONE ,;," -

Bidders: County Line Stone Company, Inc., Akron,:.N.Y_ : Buffalo Slag Company, Buffalo, N.Y. - '- • Houdaille Construction Materials Company,lnc., Buffalo, N.Y.

County Line Stone Buffalo Slag Houdaille F.O.B. F.O.B. -' F.O.B. Item ...... ,Plant Del." " . F_gnt _._.I)el.; : -, _: Plant Del. 4 "" 1.--6-ff7T"' 2.80/T ... " 2.10----_' . 73_:'--_T : 2.10--_7T 3.-7".'.'.'.'.'.'.Tff/T 3 1.8O_T 3.00/T ' 2.20/T "3.'50/T 2;. 15/T 3.45/T 3A 1.80/T 3.00/T 2.40/T • ' 3_.70/T: 2.15/T 3.45/T 2 1.80/T 3.00/T 2.40/T . :-3.70/T 2.25/7 3.55.T I 2.00/T "..... :3.20/T . " ' 2.50/T.-",' 3L80_T: - . ..2;40/T 3.70/T 1A 2.20/T 3.40/T 2.50/T ..3.80/T 2.95/T 4.25/T 3/8" Oiling Stone 2.30/T 3.50/T -'" Bank Run Screening "" ' 1.45/T" -i 2,65/T ...... ' ...... - - • "' . -.,- '...." ". " [_ • Trustee James W. Ford moved, seconded by Trustee David-P. Elmer and carried with no negative votes, that the low bid for "crughed limestone submitted by County Line Stone Company, Inc. ,.:to SUpply" crushed limestone during the 1969-1970 year be accepted at the prices listed above in view of the fact that it is the low bid and also in recognition of past satisfactory performance of this supplier.

.CRUSHEDSLAG "':'_.

Bidder: Buffalo Slag Company, Buffalo, N. Y.':'

Item F.O.B. Plant Delivered 4 2.10/T 3.5----.-.-.-.-.-.-.5_-- .:. , -, 3 2.20/T 3.60/T 3-A 2.45/T " 3.85/T .... , ' 2 2.45/T .... 3.85/T: ".' :_. 1 2.60/T • 4.00/T ' " : 1-A 2.7S/T 4.15/T" : : " "": ' ""

Trustee James W. Ford moved; seconded by Trustee Robert B.. Kelly and carried with no negative votes, that the bid for crushed slag b}, Buffalo. Slag Companyto supply crushed slag for the year 1969-_970 year being in order the same be accepted at the prices listed above. BLACKTOP-SLAGAGGREGATE

Bidder: Buffalo Slag Company, Buffalo N. Y. • 61 East Aurora, New York July 21, 1969.

(Buffalo Slag Con_panybid cont'd.)

Binder T_rpe F.O.B'.Plant Delivered" 1 : 8,00/T 9.80/T I-A 7.75/T ._-. 9.55/T . 2-A : " 7.75/T ," t,9,.55t T _.<" .,.;',," .....': _,- 2-B 7.75/T -, 9 ..55/T 1-A Top 8. 25/T 10.05/T- 3 Extra Fine Top 9.00/T 10/80/T I-AC 8.75/T I0.55/T Slag Sheet Top 8.75/T I0.55/T

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with n6 negative votes, that upon-reco_nendation of the Village Engineer the bid of the Buffalo Slag Company to supply blacktop- slag aggregate for the 1969-1970 year be .acceptedat the prices listed above. "! BLACKTOP - STONE AGGREGATE ,%.. ,

Bidders: Buffalo Slag Company, Buffalo, N.Y. ;Plant Woodla_n, N.Y. • Houdaille Construction Materials Company, Inc.,Buffalo,N.Y. Plant,.Clarence, N. Y. County Line Stone Company, Inc., Akron, N. Y.

Buffalo Slag Houdaille County Line Stone • F.O,B. F.O.B. F.O.B. Binder No. Plant 'Del. Plant Del. Plant Del. -i" 8.75/T 10.50/T 7.50/T " 7.00/T ' 8.45/T I-A "8_50/T I0.25/T 7.50/T 7.00/T 8.45/T 2-A 8.50/.T 10.25/T : 7.50/T. 2-B 8.50/T I0/257T• 7.50/T I-A TOP 8.90/TI0.65/T 8.00/T 7.25/T 8.70/T 1-AC Top 9.40/T " ll.15/r - 8.50/T 7.75/T 9.20/T I-AC An_or 9.40/T ii.15/T 8.50/T 7.75/T 9.20/T Sheet Top 9.40/T ii.15/T

Trustee James WJ FOrd moved, -secondedby Trustee "David P. Elmer and carried With no negative votes, that the bid of County Line Stone Company for blacktop- stone aggregate No. i, IA, IA Top and 1 AC Armor be accepted at the above listed prices and _le bid of Houdaille Construction Materials Cumpany, Inc., be accepted for items 2A and 2B at the above listed prices.

CORRUGATED METAL DRAIN PIPE

Bidders: Lane Pipe Corporation, Bath, N. Y. (_emung Supply Corporation, Elmira, N. Y. Armco Steel Corporation, Buffalo, N. Y.

Lane Pipe Chemung Supply Armco Steel Plain Coated Plain Coated Plain Coated 12" • 1.79/' • 2.'06/' 1.74/' 1.97/' 1.52/' 1.74/' 15" (all to be 2.13/' 2.44/' 2.04/' 2.36/' 1.79/' 2.06/' 18" delivered) 2.50/' 2.BBT' 2.39/' 2.77/' 2.11/' 2.43/' 21" 2.83/' 3.28/' 2.71/' 3,14/' 2.39/' 2.78/' 24" 3.22/' 3.71/' 3.07/' 3.57/' 2.71/' 3.14/' G2 East Aurora, New York July 21, 1969.

!_CorrugatedMetal Drain Pipe bids cont'd.)

Lane Pipe Chemung Supply Armco Steel Plain- --Coated Plain Coated Plain Coated 30" 3.92/' 4.56/' 4.62/' S.24/' 3.31/' 3.85/' 36" 4.74/' ] 5.49/' 5.55/' 6_29/_ 4.00/' 4.64/'

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes, that upon recon_nendationof the Village Engineer t_hebid of Armco Steel Corpo supply corru- æº gated metal drain pipe for the year 1969-1970, being the i_ bid ". and the same bein_ iiH order, said bid be accented at the above listed prices.

ROCK SALT

Bidder: , International Salt Company, Retsoff, N. Y.

TruEk delivery(20 ton minimum) 14.20/T Rail delivery(S0 ton minimum) 15.80/T .- F.O.B., Retsoff(5 ton minimum) 10.40/T

Trustee Dav/d P. Elmer moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that the bid of International Salt Company, Retsoff Plant, being in order, said bfd be accepted at the prices listed above, to supply rock salt for the year 1969-1970.

CHLORINE

Bidder: Commercial Chemicals, Inc., Buffalo, N. Y.

• Liquid Chlorine _n one ton cylinders, "delivered . .085 per pound

Trustee James W. Ford moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that the bid of Commercial Chemicals, Inc., }_uffalo,to supply liquid chlorine for the year 1969-1970, for use • in thelDisposal Plant, being -in order,,the same be accepted_at the price lis,ted,above. "

At this point Mr. Kurt Wild and Mr. McNamara, representing the Erie County Department of Health, showeda film demonstrating various types of smoke emissions by motor vehfcl'es. This film was basically corfcernedWith the re_direments of Rule 8 of the Health Department Regulations . Mr. Wild asked for support of Rule 8 by the _illage when said rule is adopted.

Mr. Oliver Reed, president of Circle Enterprises, Inc., submitted for the Board's consideration a prel.'imi/naryplo£plan for the construction of a series of stores on property owned by him in the _icinity of the Circle and on land he proposes to purchase.

Mr. Reed informally stated that he proposed to do the following:

i. To purchase necessary land from 170 Oakwood Avenue, Inc., approximately 7,400 square feet. 2. To request a zoning koning-cJ_angeo{ the newly acquired land from category "RGN" to "C" to make it conform to the balance of the .presently owned property. 3. To install "drslintile" in Tannery Brook and also to fill-and :cover the --- "culvert" at his expense in order to use the surface land thus created. East Aurora, New York July 21, 1969. 6 3

After considerable informal discussion of the proposed plans, Mr. Reed was advised to submit a written petition and proposal at the August 4th Board meeting; so agreed.

The matter.of Several questions regarding the con_oletionof the new Mobil service Station on Hsmburg Street and the demolition of the old Mobil Ser@ice Sta- tion atthe. Circle, came on for discussion'.

The Trustees reminded themselves that the Mobil_Oil Company had previously agreed to completely demolish the old station including the building, upon completion of the new station.

Discussion developed the fact that two or more persons are interested in purchasing the property providing the Village of East Aurora wi_ll allow the building to remain standing Bnd be renovated for office use. A third prospective purchaser has a desire to purchasethe land only without the building.

After considerable discussi6n, Trustee Raymond A° Smith moved, seconded by Trustee David P. Elmer and carried with no negative votes that the Mobil Oil Company, record owner of Property #A28-33, be advised to execute their agreement of November i, 1968, to cause the building On property to be leveled.

• Upon the question it was noted that this action to have the building removed will necessitate a loss of assessed valuation on this property.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and carried with no negative votes, that this Village Board of Trustees upon their own initiative "schedule a public"hearing August 18, 1969, on the matter of changing the zoning of the old Mobil Service Station, 35 Buffalo Road, from "(7_"to "C", and the same be published in the official newspaper.

Trustee Janes W. Ford moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that the Village Engineer be hereby directed to secure from contractors Robinson & Long, an estimaee of cost of widening Hamburg Street as an add-on to the contract forthe--rebuilding of Crescent Avenue And Gleed Avenue.' '

Engineer Jsmes R. O'Connor reportedthat the lawns of the property at 41 and 64 Fairlawn Drive have been •mowed and 6therwise cleared of weeds, etc., by direction of the Village and are presently in satisfactory condition. The cost will be assessed agains_: the property as previously agreed according to the conditions of Paragraph 33, Section 89 of the Village Law.

The condition of the vacant lots in the area, namely 42, 24, 33, 31, 20, 21, 15, 16, S, 6, 9, i0, ii, 12 and 13 Fairla_m Drive were discussed at length as being psssible fire hazards. A careful examination of these lots will be made and further consideration be give_ to fire and safety hazards at the August 4th Board meeting/

.Trustee David:P. Elmer 'moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that _he application by DuBois Hardware to repiace a'sign and erect a new m_nirigon theii_ 662 Main Street building, being in order, the Village Engineer be directe'dto issue a proper pei_kit,, •. _ , f 64 East Aurora, New York July 21, 1969.

Trustee James W. Ford discussed a request by the Presbyterian Church to widen the curb cut to their parking lot on Main Street.

Trustee james W. Ford moved, seconded bl>Trustee David P. Elmer and_carried with no negative Votes that correspondence from the Presbyterian Church to the Village of East Aurora regarding the widening of the access to the Church driveway to Main Street be referred to the Safety Committee for investigation and report to the Board at the August 4th regular Board meeting.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and carried with no,negative votes, that :$3.25be refunded to Fred W. Kochfor over-payment of 1969-1970 Village taxes oh properties #201-71 " and #201_72......

Trustee Robert B. Kelly moved the adoption o_ the following resolution, seconded by Trustee David P. Elmer and carried with no negative votes :

RESOLUrION -

WHEREAS the Assessors of the village of East Aurora caused to be filed with the Board of Trustees on the 7th day of July, 1969, a verified petition showing that the assessment hereafter described - was inadvertently entered on the assessment roll for 1969-1970 by levying the assessment to Fisher-Price Toys, Inc. rather than to the Village of East Aurora; and _ WHEREAS, pursuant to the applicable 'provisionsof law, notice of more than ten days was duly given to the said corporation l_mble for assessment and taxation and proof of the service of such notice was duly filed; and -" "" WHEREAS, a public hearing on this matter was held today, July 21,.1969, at 7:30 P. M., at which no objections were raised: NOW, THEREFORE,-BE IT RESOLVED, that the assessment of Fisher Price Toys, Inc_, against Account'#204-4S3 in the assessable amount of $105,900.00 be stricken,from the 1969-i970 Tax Roll as set forth-below and the assessment rolls and the statement of taxes relating thereto be corrected as follows :

Village of East Aurora, Acct. #204-45'3 •$i05,900.00 (Exempt)

Trustee Robe±t B. Kelly moved the adoption of the following resolutions, seconded by Trustee David P. Elmer and carried with no negative votes :

RESOLUTION

WHEREAS,the Assessors Of the Village of East Aurora caused to be filed with the Board of T_ustees on the 26th day of June, 1969, a verified petition showing that the special franchise assessmentshere- after described were inadvertently entered on the assessment roll for for 1969--1970by using the assessments for the whole Town of Aurora rather than for-the Village of.East Aurora; and

WHEREAS, pursuant to the applicable provisions of law, notice/ ° of more than ten days was duly given to the corporations whose speclal • 65 East Auroral New York July 21, 1969.

franchises were liable for assessment and taxation and proof of the service of such notice was duly filed; and WHEREAS, a public hearing on this matter was held July 7, 1969, at 7:30 P. M. , at which no objections were raised; NOW, THEREFORE, IT IS RESOLVED, that the assessments of the following special franchises for the fiscal year 1969-1970 be.corrected as set forth below and the assessment rolls, the tax roll and the statements of taxes relating thereto be corrected, based on said corrected assessments, as follows :

Iroquois Gas Corporation, Acct. #400-201 -- $180,059.00

New York State Electric ¢ Gas Corp., Acct. #400-202 -- $156,666.00

New York Telephone Company, Acct. #400_203 _ -- $159,212.00

Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that pen/d'ssionbe granted the Joint Recreation Ccranissionto use Hamlin Park July 26th for the conduct of a teen dance between 8:00 P. M., and ii:00 P. M.

At this time the Board of Trustees paused to pay special tribute to the American Astronauts Neil Armstrong, Col. Edwin Aldrin and Lt. Michael Collins, whose dedication, courage and skill were so brilliantly displayed during the:" successful lunar landing.

l_heachievement of these three men and indeed the entire American Space Program serves as a magnificient inspira£iont6 all mankind. The success of the Apollo Program is particularly significant to men in positions of public trust. Apollo ii has shown us that with successful planning, effective organizations of hi,an and physical resources, and working harmoniously.with our fellow man, there seems almost no limit;to potential achievements of mankind.

Trustee David P. Elmer moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, £hat tlfe Village Engineer be authorized to advertise for bids for the purchase of a new leaf pick.-up machine; said bids to be opened August 4, 1969.

Mayor Cain presented the Police, Fire and Dog reports for the month of J_me. After discussion the reports were ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that vouchers No. 165 through No. 210 in the amount of $23,333.94 on the General Fund, and vouchers No. 30 through No. 40 in the amount of $4,032.12 on the Water Fund as audited by the Mayor and Trustees, be paid.

Trustee Robert B.Kelly moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that this meeting adjourn at ii:59 P. M.

Henry A/Sh_¥wSod, Village Clerk--.. East Aurora, New York. _ / August 4, 1969.

Minutes of the regular meeting of the Board of Trustees of the Village of

L. • 65 East Auroral New York July 21, 1969.

Iroquois Gas Corporation, Acct. #400-201 -- $180,059.00

New York State Electric ¢ Gas Corp., Acct. #400-202 -- $156,666.00

New York Telephone Company, Acct. #400_203 _ -- $159,212.00

Mayor Cain presented the Police, Fire and Dog reports for the month of J_me. After discussion the reports were ordered to be filed.

Trustee Robert B.Kelly moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that this meeting adjourn at ii:59 P. M.

Henry A/Sh_¥wSod, Village Clerk--.. East Aurora, New York. _ / August 4, 1969.

Minutes of the regular meeting of the Board of Trustees of the Village of

L. 66 East Aurora, New York August 4, 1969.

East Aurora, held in the Board Room at the Village Hall, corner of Main and paine Streets, East Aurora, New York, on Monday evening, August 4, 1969, at 8:00 P.M. o 'clock. ..

There were present, the.following: Mesgrs. J. Forrest Cain, Mayor'presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, Walter.E. Nicoloff and Raymond A. Smith, Trustees, con_prisingaquorL_n of the Board; also Henry A. Sherwood, Village Clerk. . '' '

Trustee David P. Elmer moved, seconded by Trustee Robert B. Kelly and Lmanimously carried, that the minutes of the regular meeting of July 21st, be accepted as submitted and amended.

Mayor J. Forrest Cain called for the opening of bids for the purchase of a vacuL_aleaf-collecting machine. One bid wBs submitted from Atlantic Tug & Equip- Tent Co]mpany,Inc., 1701 Union Road, Bu'ffaio',to"supply one Tarrant Manufacturing Company - Tarco big T-Hac Model TTL-I for $4,498.00.

Trustee J_es W. Ford moved, secpnded by Trustee David P. Elmer that the b.i,dofAtlantic Tug & Equipment Company, Inc., for the purchase of a vacuum leaf-collecting machine be referred to the-Village Engineer •" for conformance to bid specifications and report to the Board at the August.18th meeting.

By a vote of Record: _ AYES NOES Trustee James W. Ford Trustee Neal Jacobus Trustee David P. Elmer Trustee Robert B. Kelly Trustee.Raymond A. Smith •Trustee'Walter E. Nicoloff \. Mayor J. Forrest Cain The motion was declared not carried.. •

Trustee Robert B_.Kelly moved, seconded by Trustee Walter.E. Nicoloff that the bid of Atlantic Tug & Equipment Company, Inc., be _ccepted providing the bidder furnishes a statement in writing that the bid in fact•conforms to all bid Bpecifications; alsolthat if said bid is approved by the Village Engineer, the necessary contract for the purchase of the leaf-collecting machine be awarded_

By a vote 6f Record: AYES .NOES Trustee Roe_ B. Kelly Trustee Raymond A. Smith Trustee Walter E. Nicoloff Trustee James W. Ford Trustee Neal Jacobus Trustee David P. Elmer •Mayor J. Forrest_Cain

The motionwas _eclared carried.

Trustee David P. Elmer upon the question gave his opinion that the proper procedure would be to reject the bid as submitted and be re-advertised.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff that the purchase of one Tarrant T-Vac Model TTL-I be financed by means of a capital note for a three year period_ in t'_c the omount of 85,000. By a vote of Record: AYES NOES Trustee James W. Ford Trustee David P. Elmer Trustee Walter E. Nicoloff Trustee Raymond A. Smith Trustee Robert B. Kelly Trustee Neal Jacobus M_znr .T_ Pnrr_t C_in .r 67 East Aurora, New York August 4, 1969.

The motion Was declared carried.

Trugtee j_nes W. Ford discussed the sidewalk,contrustion and reconstruction bids that had been opened at the July 21st Board meetihg. Mr. Ford reviewed past Board discussion regarding the scope of the 1969-1970 sidewalk program.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and unanimously carried, that the Village Treasurer be instructed to increase the fund for the 1969-1970 sidewalk construction and reconstruction program by $2,500 making a total of $19,500 allocated against the apparent low bid total of $19,260; such funds to be allocated from the unused appropriation for the 1968-1969 sidewalk program.

TrusteJJames W. Ford moved, seconded by Trustee Raymond A. SMith and Lmanimously carried that the sidewalk construction and reconstruction bid of Cemulini Concrete Construction Company, Inc.',Buffalo, New York, being in order and being the low responsible bid, the same be awarded for construction and reconstruction of 21,000 square feet of 4" sidewalk at $.77 per square foot and 3,000 square feet of 6" sidewalk at $1,03 per square foot, making a total contract amount of $19,260; said contract to be swarded upon receipt of a nO_£e in writing from the Village Engineer that said bid conforms to the specifications as advertised.

The matter of the proposed plans by the State of New York for the opening of the finished portion of the Aurora Expressway from the Throway entrance as far as the Jamison Road Exit was considered.

Mayor Cain reported-receipt of a conmunication from the Erie County Highway "Department to the effect that both the County of Erie and the Town of Elma had petitioned the State of New York to open the finished highway as far as the Maple Street Exit rather than just to the Jamison Road Exit.

Mr. Morris R. Anderson, 77 Maple Road, being present opposed the use at this time of the Expressway beyond Jamison Road. Reverend Russell Barker objected to opening the Expressway to Maple Road at this time because in his"opinion un- reasonable traffic 'on Maple Road into the Village will be generated.

Trustee Walter E. Nicoloff reminded the Trustees of the impending rebuilding of Girard Avenue. This construction work would allow no main exit from Maple Road within the Village except at Main Street. Such routiffgof traffic would place an unusual traffic load on Maple .Road to Main Street until such time _as the Girard Avenue construction is completed. :,

After further lengthy discussion, Trustee James WI Ford moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that the Village contact Mr. Norman Kraph, State Highwa)iEngineer, inform- ing him that the Village Board recommends that _e Aurora Expressway not be opened beyond the Jamison Road Exit per the original _nderstanding and agreement to the effect that the third section would not be opened until its completion. '' "

Mr. Anthony DiEilippo addressed the Board regarding the proposed,demolltmon of the old Mobil gasoline service station at the Circle. Mr. DiFilippo presented an architect's sketch of the proposed remodeling of the present building on the property so that said building could be used for business purposes. Mr_ DiFilippo stated that he intends to use the remodeled building as .a location for his real estate business and also for a con_puterservice operation. 68 East Aurora, New York August 4, 1969. !

General discussion remifidedthe Board that the Planning Commission had reco,ended complete removal of the building on the site. It was also recalled that a preliminary report of the "701" Committee recommended realignment of traffic using'Knox Road by taking part of the Mobil property for highway use. Trustee Neal Jacobus moved, seconded by Trustee Walter E. Nicoloff and carried,,that the Planning Commission and the "701" Committee both be askea to review the matter •of the demolition of the building •at 35 Buffalo Road with a rpport of their •findings"tobe given to this Board for consideration at the August 18th meeting and that the Mobil Oil Company be advised it ,is the wish of this Village not to have the building demolished until further,directed.

Upon the question a report from the Safety Co_nittee regarding suggested revisions •of traffic patterns at the Circle Was read by Mayor Cain. The Safety Committee advised !'thatno decision can be made until the Aurora Expressway is opened and new traffic patterns are studied."

It was suggested that the County of Erie or State of New York be asked .to conduct traffic surveys immediately on Maple Road in the Village, at the Circle @iso at the intersection bf Bowen Rdad and-Buffalo Road and that a similar survey be made just after the openihg of the finished portion of the Aurora Expressway.. By consent the Village Engineer was asked to endeavor to obtain necessary counters as quickly as possible.

_le matter of a request blfPresbyterian Church for permission to move the curb cut to their Main Street parking lot, came on for discussion. A report from the Safety Cor_nitteeindicated no objection to moving the curb cut a few feet to the east, provided an existing light standard was moved.

Trustee David P. Elmer moved, seconded•by Trustee Raymond _. Smith and unanimously carried that permission be granted the Presbyterian Church to alter the curb cut to their Main Street parking area and that;permission be given for the Church to have the light standard moved, according to the conditions"of their letter of June 30, 1969, to wit, the Village agrees to pay one half of the estimated $450 •costof said light standard relocation only, and it being understood that ]lhefinished curb cut will not exceed the standard 20 foot width. .

Trustee Robert B. Kelly_moved, seconded by Trustee David P. Elmer and unanimo_i•_ carried that consulting engineers, Krehbiel, Guay, Rugg ¢ Hall, be authorized to conduct a feasibility study of the advisability of burying and covering with earth the Tannery Brook culvert north from the Oakwood Avenue bridge to _he north side of the Main Street bridge, also that a rough cost es'timatebe supplied;,the cost of said survey sh_ll not exceed $2,000, said funds to be provided by a .transfer from Contingent Fund A290-650 to Storm Sewer Account #A121-400.

The matter of diverting the headwaters of Tannery Brook as a r_lief to the Tannery Brook flooding problem was discussed. A report from the Capital Expendi- tures Conmtittee.recommends after recent study that the amount of $170,000 be restored to the Capital Budget •tocover the estimated cost 'of shch diversion.

Trustee Ford recommended that the Village officials immediately contact the Operations"Division of the Unite'dStates Soil Conservation Agency in Syracuse in an effort to explore the possibility •of a satisfactory Tannery Brook diversion project. F 69 East Aurora, New York August 4, 1969.

After discussion, Trustee James W. Ford moved, seconded by . Trustee Robert B. •Kelly aridunanimously carried that the Capita_ Budget for the year 1969-1970 be:amended by the restoration of $170,000 for,the purpose of starting the flood control program -, of Tannery Brook.

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and Lmanimously carried that such Trustees and other officials as are able be authorized to travel to Syracuse or elsewhere to confer with United States Soil Conservation Department representatives and to confer with other agencies as necessary, to explore all facets of implementing a Tannery Brook flood control project.

Trustee Robert B. Kelly moyed, seconded by Trustee Raymond A. Smith and unanimously carried, that a refund in the amount of $9.99 for overpayment of 1969-1970 Village taxes be made to Richard Starke, 807 Main Street, on property #202-184. : ....

Mayor Cain presented the 'dog warden report for the month of July. After discussion',the report was ordered to be filed.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and unanimously cai-ried,that the Recreation Co_nission be given p.ermissionto sponsor another teen dance in.Hamlin Par_ Friday.;AugustBth, between thehours of 8:00 "- ii:00 P.,M. .: :"

TrulsteeRobert B. Kelly moved, seconded by Trustee Raymond A. Smith and unanimously carried that vouchers No. 211 through No..251, in the .amount of $70,210.12•on the General R_nd, and vouchers No. 41 through No. 50 in the amount of $5,238.46 on .the'.WaterFund, as audited by the Mayo'rand Trustees, be paid.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that this meeting recess at Ii:i0 P.M. until 8:00 P. M., August ii, 1969. . ,':

". :. Hdnry A./Sherwood, Village Clerk.------/ -

East Aurora, New York "August ii, .1969/

Minutes of the recessed meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, August ii, 1969, at 8:00 P. M., o'clock, as corrected. This meeting was the continuation of the regular meeting of August 4, 1969, duly recessed to this date. , f- . There were.present, the following: .Messrs'.Robert B. kelly, Deputy Mayor presiding; James W. FOrd, Neal Jacobus, Walter E. Nicoloff'and Raymond A. Smith, Trustees comprising a quort_nof the Board; also.Mr. James R. O'Connor, Village Engineer and Miss.Dorothy:F. Rosen,Deputy Clerk.

Absent was Trustee David P. Elmer.

Deputy _ayor Robert B. Kelly(Chtired the meeting in the absence of Mayor F 69 East Aurora, New York August 4, 1969.

Mayor Cain presented the 'dog warden report for the month of July. After discussion',the report was ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that this meeting recess at Ii:i0 P.M. until 8:00 P. M., August ii, 1969. . ,':

". :. Hdnry A./Sherwood, Village Clerk.------/ -

East Aurora, New York "August ii, .1969/

Absent was Trustee David P. Elmer.

Deputy _ayor Robert B. Kelly(Chtired the meeting in the absence of Mayor ?0 East Aurora, New York August.ii_ 1969.

J. Forrest Cain. .

Mr. Milton Baist, a member of the East Aurora Police Department,-discussed the matter of opening,the finished portion of the Aurora Expressway from the Thruway entrance as far as the Maple Street Exit. Mr. Baist urged the,opening of this section of the Expressway. He felt that speeding on Maple Road from Girard Avenue north was due to the lack of traffic to slow'down speeders and youths who are using Maple Road as .a speedway.. Mr/ Baist stated that opening the Aurora Expressway to the Maple Road Exit would create more traffic on Maple Road and retard the speeding condition thereon. He suggested opening this section of the Expressway for one month on a trial basis. : ;

Mr. Hallock Dean spoke in favor of Mr. Baist's suggestion. Deputy -Mayor Kelly suggested considering the matter further at the Augnst 18th Board meeting, thereby giving the Board time to discuss their Presentation. .. . _. Letters were read from Mrs. J. W. Dougan, Mrs. Grace Warner, Mrs. Shirley Liberator and Mrs. Mina Wagner, all of 29 South Willow Street, concerning damage from the Tannery Brook flood of May 18, 1969. Mr. Dougan's damages amoLmted to $120; Mrs. Warner's, $343.50; and Mrs. Wagner's and Mrs. Liberator's, combined $761.70.

Trustee James W. Ford moved, seconded by Tr_tee _ymond A. SMith and carried with no negative votes that the letters of,Mesdames :_Deugan, Warner, Liberator and Wagner, 29 South Willow Street regarding damages incurred during the Tannery Brook flood of May 18, 1969, said letters be accepted and referred to the Village Attorney for investigation as to whether the :Village if liable for these damages.

Mr. Craig.Burt spo]eregarding the condition of the Village water, Stating that it had been very rusty. Mr. Burr wanted to know what was causing the rusty condition of the water. - ......

Mr. O'Cormor explained "th'atwaterusage over the past week end had overtaxed the Village water supply. He stated that he had had numerous calls regarding the rusty condition of the ware!; however, he had been unable to isolate the cause.

Consideration of recovery of costs of sidewalk reconstr_on came on for discussion. Trustee Jmnes W. Ford reminded the Board that such costs associated with the repaying,of Grey, Prospect, Gleed and Crescent had not been recoverable because: (a) with respect to Grey and Prospect, policy had been changed subsequent to c_le- tion of those projects, and (b')with respect to Gleed and Crescent, there had been no predetermination of the relative weightings of engineering _and public safety considerations in establishing the need for sidewalk rebuilding. In consequence _ of (b) the Village had not been able to levy a special assessment for sidewalk work _done under the Gleed/Crescent contract. _/_/_ T_istee.Ford indicated'that in order to avoid future loss of such income, he //_ I'had asked the Village Engineer to make such determinatiorfsand findings as were ' necessary to provide a sound basis for fairly levying such special assessments and to provide the Board with his findings. " "

After discussion of the proposed new water rates, Trustee Walter E. Nicoloff moved, seconded by Trustee James W. Ford and carried with no negative votes that a public hearing be scheduled on September 8, 1969, on the matter of changing the water rates starting With _he November 1 billing to Alternate Rate 3, Schedule 5, as presented by Mahaney & @ompany; East Aurora, New York August ii, 1969.

also notice of s'aidpublic hearing be published in the official Villige newspaper on August_ 14th.

Present Rates Suggested Rates Gallons Rate ' _ ' Gallons Rate

•0-6M $ 4.50 Min. 0-6M $ 6.75 Min. (.Ts/MGal.)

6-15M .70/M) 6-75M 1.00/i,000 15-75M .60/M)

75-225M .40/M 75-225M .60/1,000

225M+ .33/%4 225M+ .50/i,000

(See minutes of September 8, 1969, meeting for adopted water schedule)

Upon the matter of the Village water system, Trustee Walter E. Nicoloff urged that the Village Board on its motion put to referendum the improvement of the distribution system including the building of a storage tank.

Mr. Steane of Lozier Engineers, Inc., presented to the Boardfa letter from the New York State Water Resources Commission giving the Village permission to procees with water plant improvements.""He stated that the Village water system is in crisis and urged inmediate action toward the installation of a reinforcing loop around the Village. This cost_ including a 1,000,000 gallon storage tank and consideration for inflation, would be about $650,000.

There was discussion as to•the effect of these improvements to the Village water system in connection with the work which will be done by the Town of Aurora. It was noted that _ 80% of the cost involved is for the loop, which is 100% compatible with the Town's proposal.

By consent, Mr. Kelly will confer with Village Atto!ney Howitt and set-up a schedule Of dates for carrying out the proposed referendum. Memoes will be issued to the Board. "•

The matter of a sign permit application by Fontanese & Halfpenny on behalf of Max Kadet for the erection of a sign at 682 Main Street came on for consideration.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that the sign petition by _Fontanese& Halfpenny on behalf of Max Kadet for the erection of a sign at 682 Main Street be granted.

A request from Roxy's Music Store to erect a sign and billboard was presented. This request will be considered at the August 18, 1969, Board meeting.

A letter of resignation from Karen Constantine was read. The res'ignation, effective August 15, 1969, was accepted; and the value of Mrs. Constantine's service was mentioned. ,

Trustee James W. Ford moved , seconded by Trustee Raymond A: Smith and carried with no negative votes that authorization be given to thee Village,Clerk, Deputy Clerk and two Trustees to attend the Fiscal Officers East Aurora, New York August ii, 1969

School to be held in Lake Placid, October 7 - i0, with expenses to be paid according to Section•77B of the General,Municipal Law.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that authorization be given to the Village ENgineer, Water Chailman and Assistant Water (_airman to attend the American'Water Works-Convention to be Held September.9, i0 and ii, 1969, at Lake Placid with expens'esto be paid according to Section 77B of the General Municipal Law. ._

Trustee Raymond A. SMith moved, seconded"by Trustee James W. Ford and carried with no negative:votes, that this meeting adjourn at 10:55 P. M.

Dorothy t_Rosen, _puty Clerk.

East Aurora., New York .. ,. August 18,. 1969.

MiNutes of. the" regular meeting of the Board of Trustees. of the .Village of East Aurora, New York, held in the Board Room at the Viliage Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, August 18, 1969, at 8:00 P. M. o'clock ...... : ...... : .. _ •.... .

There were present, the following: Messrs. Robert B._ Kelly, Deputy Mayor presiding; James W. Ford, Raymond A. Smith, Neal Jacobus,-Walter E. Nicoloff and David P. Elmer, Trustees, comprising a quorum of the Board; also Mr. James R. O'Connor, Village Engineer, Carl L. Waltz, (_ief of Police an_ Miss Dorothy F. Rosen, Deputy Clerk.

Deputy Mayor RobertlB_-Kelly ch_red the meeting in the absence _of May0r J. Forrest Cain. .... •

Trustee Walter E. Nicoloffmoved, seconded by Trustee Raymond_A. SMith and un.a..n.imouslycarried that_e minutes of the AugL_st4th regular meeting and theAugust _llth special.meeting, be accepted as corrected and modified.

At 8:17 P. M., o"clock Deputy Mayor Robert B. Kelly declared open the public hearing on the matter of the rezoning of the old Mobil Gas Station property, corner Knox and Buffalo Roads. The Deputy Clerk read the text of the published notice. There being no one present to speak, the hearing was declared closed.

Trustee:J_es W.-Ford moved, seconded by Trustee David P. Elmer and unanimously carried that said property be rezoned from "(_' to "C" and the zoning maps be changed as per notice:

,• NOTICE OF ADOPTION . Zoning Ordinance of the Village of East Aurora, •." _ New_York_

NOTICE IS HEREBY GIVEN that on the 18th day of August, 1969, following a public hearing thereon, _due notice of which was heretofore duly published, given and served, .the.following amendment to the Zoning Ordinance of the Village of East Aurora was duly adopted and enacted by the Board of Trustees of the East Aurora, New York August ii, 1969

School to be held in Lake Placid, October 7 - i0, with expenses to be paid according to Section•77B of the General,Municipal Law.

Trustee Raymond A. SMith moved, seconded"by Trustee James W. Ford and carried with no negative:votes, that this meeting adjourn at 10:55 P. M.

Dorothy t_Rosen, _puty Clerk.

East Aurora., New York .. ,. August 18,. 1969.

Deputy Mayor RobertlB_-Kelly ch_red the meeting in the absence _of May0r J. Forrest Cain. .... •

Trustee:J_es W.-Ford moved, seconded by Trustee David P. Elmer and unanimously carried that said property be rezoned from "(_' to "C" and the zoning maps be changed as per notice:

,• NOTICE OF ADOPTION . Zoning Ordinance of the Village of East Aurora, •." _ New_York_

East.Aurora, New York August 18, 1969.

said.Village of East Aurora to place in'the "C' (Con_nercialDistrict)'.of the Village of East_Aurora, the hereinafter described premises located at the.northwesterly corner of the intersection of Knox Road and Buffalo Road, and known as 35 Buffalo Road, East Aurora, respectively, and to amend the Zoning Map of the Village of East Aurora.which accompanies and is a part .of the said Zoning Ordinaficeaccordingly:

All that tract or parcel of land situated in the Village of East Aurora, Town of Aurora, County of Erie and State of New York, being part of Lot No. 32, Township9, Range 6 of the Holland.Land Company's surveyl.,bounded and described as follows:

Beginning at a point, which part isthe point of intersection of the center lines of Knox Road and Buffalo Road, thence running •westerly along and coincident with the center line of Knox Road to a point; which point is the point of intersection of the easterly boundary of lands owned by one Carl Frantz; thence running north- -easterly along the boundary line of said Frantz land to.a point; which point is the point of intersection with the center line of Buffalo Road; thence running southeasterly along and coincident with the center line of Buffalo Road to the point or place of beginning. • ., DATED:."East Aurora, New York " Dorothy F. Rosen August 18, 1969 Deputy Village Clerk.

A letter from the Planning.Con_nissionstating that they will meet with the "701 Committee" inSeptember, was read. • ." ....

It was recomended that the matter of the proposal of Mr:.Anthony..DiFilippo concerning the old Mobil Gas Station on the Circle be.tabl4d antil reports -are in. This will be on the agenda for the September.8th Board meeting.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and unanimously carried, that Deputy Mayor Robert B. Kelly in the . absonce of Mayor J. Forrest Cain, be authorized to inform the Mobil. Oil.Company that the'Village of East AUrora may have an :interest in the property on the corner of Knox and Buffalo Roads, an'dask .that"they notify 'the Board of any plans.

Mr. Carlton Frantz, 72 Elmwood Avenue, asked if the Board is planning to fulfill its promise to have the building. at 35 Buffalo Road razed.: He:-felttha_ this should be done, and is interested in the property. '_ ".

Mr. Joseph Hutka, 221 King Stree'twas concerned about the condition of the water, as his water-is rusty about once a month. He questioned raising water rates while the condition of the water is still bad,

Trustee Walter E. Nicoloff stated that overtaxing of water lines brought the water level in the reservdir to a dangerous point, which made it necessary to pump directly into the lines from the well field. The increased pressure and velocity thus generated csused a disturbance of the sediment in the lines. Consumption is still too high to be able to use the softener.

Mr."James R. O'Connor, Village Engineer, reported that last week the water plant pumped between i0,000,000 aridii,000,000 gallons of water. _.Fifteen hundred gallons per minute are being p_mrpedinto the reservoir. East Aurora, New.York August 18, 1969. •

Pertaining to the Maple Road exit of the Aurora:Expressway, a letter from William R. Trautman, 760.Chestnut H$11 Roadl was read expressing his disappointment in the action of the Village Board asking to have the exit remain closed.

Mr. Milton Baist, a member of the.East AUrora'Police.Department, stated that he had noted that the cables on the barricades at this exit have been cut, .and he feels that people will be using this section of the road anyway. .._

There will be counters placed on Maple Road, Buffalo,Road',and Route 16 to detemine the traffic on these roads. Thisinformation.will be availableto the Board.

Trustee David P.:Elmer feels.that since the Village Board has an agreement with the Maple Road residents; the Board should not take contrary-action until this agreement is rescinded by the people themselves. "

TrusteeJames W;"Ford stated that he felt the Board should.hoid to their statement until they have more information on the result of the usage of the road.-

Trustee J_es W. Ford.moved,.seconded by Trustee David P. Elmer and ._. unanimously carried that-,theaction of the Board in regard to M.apleRoad exits being closed be maintained and that the Safety Comittee be asked to report back to.the Board on the traffic count after usage; this report to be receiVed by November i, 1969. '.

Trustee.James W. Ford and Mr. James R. O'Connor, Village Engineer, reported on their meeting in Syracuse. August 13, 1969, regarding the diversion of.Tannery Brook. Public Law #566 Water Shed Procedures from the Division of Water Resources was available to them and Will be made available to Board members. Procedures which .must be used were discussed and application forms with guide lines were obtained. Trustee Ford.suggested,that when Mr. Walter.Howitt and Mayor Cain are available they establish with .the Board what steps have to be taken and set up a schedule for taking these steps.

Mr. James R. O'Connor reported that he and Mr. Roy Lang are taking findings on King and Persons Streets andplotting the grade of the street against the grade of the sidewalks to determine where they must be changed to become compatible with street grades. According to the contractor, trees are being removed this week and work on these streets will begin Monday, August 25, 1969.

The project for lighting the "park was mentioned. This will be on 'the agenda for the September 8th Village Board meeting.

Trustee Neal Jacobus cu_ented on the condition of the parking lot at Poly Clean,. 695 Main Street. The lot needs to be cleaned up and repaved. The Engineer has had conversation with the new owner and will urge that something be done.

T1_asteeDavid P. Elmer asked about the installation .ofnew eaves on the pavilion in Hamlin Park. Mr. James.R. O'Connor reported that this work will be done along with the proposed changes on the entrance to ithepavilion. More information on this will be made available it the September 8th Board meeting. -

TlnasteeDavid P. Eider also suggested the adoption of a'model housing code. The need for other.enforcing.legislation was discussed. Mr..James R..O'Connor and- Mr. Roy Lang, Village ENgineers, are to report to the Board just what legislation they feel is needed. .East Aurora, New York August 18, 1969. 75

Deputy Mayor Robert B. Kelly read a letter from Police Chief Carl L. Waltz asking that Police.Car No. 8 be replaced, turning this car over to the •Village Engineer, and using the Engineer's car .for trade-in on a new 1970 car. : : . i Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that the Village Engineer be authorized to advertise for bfds on a 1970 standard sedan automobile to be used by the East Aurora Police Department, the bid to be on the basis of trade-in as well as for just the new car., bids to be opened September 8, 1969.

7! . ," . -P The Police report for the month of July was received for filing.

Trustee Raymond A. Smith asked about an estimate on the coping for the Fire Hail. •Mr. James R. O'Connor already has plans for having thiswork done. Mr. Smith also suggested that Mr._O'Connor mention to the New York Telephone Company the bad condition of the parking lot used by them on King Street. . ..

Trustee Walter E. Nicoloff and Trustee James W. Ford reported _ the meeting of the Liaison Committee from the Town and Village with the SchoQl Board. The School Board was concerned as to the possibility of their ,having water available for .thenow school. Mr. Nicoloff reminded them of the application the Village has to provide them with water and assured them that the Village would be able to.fulfill this obligation. . -

Deputy Mayor Robert B. Kelly read a request from Edward M. Zimmerman, Police Justice, for authority to attend the Magistrate's Conference, September 7-10, 1969.

Trustee Raymond A. Smith moved, seconded by Trustee David P. _Elmer and unanimously carried that authorization be given Mr. Zimmerman to attend the Magistrate School to be held at The Pines, South Fallsburg, New York, on September 7-10, with expenses to be paid according to Section 77B of the General Municipal Law ......

T_ustee Walter E. Nicol0ff moved, seconded by Trustee Raymond A. Smith that Roxy's Music Store. i00lean S.treet.be granted a permit to erect a sign on the Main Street.side .of :the.buildingat Main and-Pine Streets in accordance with the sketch submitted.. AYES NOES

None .:Trustee James W..Ford ., Trustee Raymond A. Smith Trustee Neal Jacobus Trustee Walter E. Nicoloff • Trustee David P. Elmer The motion was declared not carried..

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that permission be denied for the erection of a property sign for the side of the building as requested by Roxy's Music r" Store, since the request does not conform with :proposed guide lines.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith Ind unanimously carried that vouchers No. 252 through No. 2_ in the amount of $26,247.94 on the General Fund and vouchers No. 51 throughNo. 62, in the amount of $6,368.58 on the water Fund-.lasaudited by the Deputy Mayor, and.Trustees, .be paid. ' -:

/ East Aurora, New York August 18, 1969.

Trustee Walte_ E. Nicoloff move&, seconded by Trustee Raymond-A. Smith'and unanimously carried, that this meeting adjourn at ,I0:53-P.-M. ; •

, :, • ."-Dorothy __'/_Rosen, Deputy Clerk.

East Aurora, New York September 8, 1969.

Minutes of the regular meeting of the Board of Trustees of the Village of Eas£ Aurora, .New York, held in the BOard Room at the ViLllage Hall, corner of Main and Paine Streets, East Aurora, • New York," on Monday evening, Septeraber 8; 1969, at 8:00 P. M., o'clock.

There were present, the following: Messrs. J. -Forres-t Cgin, May6r presidifig; David P. Elmer, James W. Ford, Neal Jacob'us, l,.Robert :B. KelIy and Waiter E. Nico'- loss, Trustees, comprising a quorum of the Board; also Henry A. Sherwood, Village Clerk. ' -_

Absent was Trustee Raymond A. Smith.

Trustee James W. Ford moved, seconded by .Trustee .Waiter E. Nicoloff and carried with'no negative votes that the minutes of the recessed meeting of August 4th held August 11th and the minutes of the regular meeting of August- .18tti be .approved'as submitted.

Mayor Cain called for the opening of bids to supply.a 1970 Police cruiser. The only_,bid received was from H. R. Hunt •Motor Corporation-. The bid: offered to supply a 1970 Ford Fairlawn Sedan in the amount of $2918.36 and to•accept the trade-in of one 1967 Ford for $450.00, making the net bid amount $2468.36.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no negative'votes that rhe bid Of H. R.;Hunt Motor Corpora- tion in the net amount of $2468.36 b e receivedand be referred to the Village Engineer for examination as to conformance as to specifications and report back to the Board. (See below for Engineer's report.)

Mayer Cain declared open a Public Hearing on the matter of amending Chapter 2 of the General Ordinances of the Village as it applies to rates to be charged for water use.

The Village Clerk read the text of the Notice of Public Hearing on the matter.

Mrs. Alfred P. Spooner asked for_a comparison of new rates against the present rates for water consumption.

Trustee David P. Elmer offered an analysis explaining that the nev_rates en- tailed an approximate 50 per..cent increase. t Mr. John Buno of North Street askedhow the increased •revenues will be used. • ,Ill I ,, Water Chairman Walter E. Nicoloff, advised that the Village is presently • producing much water below actual cost, and this is an attemptto make the water consun_tion pay for itself. East Aurora, New York August 18, 1969.

Trustee Walte_ E. Nicoloff move&, seconded by Trustee Raymond-A. Smith'and unanimously carried, that this meeting adjourn at ,I0:53-P.-M. ; •

, :, • ."-Dorothy __'/_Rosen, Deputy Clerk.

East Aurora, New York September 8, 1969.

Absent was Trustee Raymond A. Smith.

Mayer Cain declared open a Public Hearing on the matter of amending Chapter 2 of the General Ordinances of the Village as it applies to rates to be charged for water use.

The Village Clerk read the text of the Notice of Public Hearing on the matter.

Mrs. Alfred P. Spooner asked for_a comparison of new rates against the present rates for water consumption.

Trustee Robert B• Kelly advised that the proposed rate charge is des_gn4d2to hold the water operation solvent until such time as the outcome of a cooperative effort between the Village and Town of Aurora of an area water district is resolved.

Mayor Cain explained that a portion of accumulated surplus in the Water Depart- ment h/s been used each year for the past several years in order to balance the water budget. The surplus has now been completely used, thus making it necessary to amend the water rates in order to keep the Water Department solvent.

There being no one further to speak, the hearing was declar_Iclosed at 8:44 P.M.

Trustee DavidP. Elmer moved, seconded by Trustee Walter E.-Nicoloff that .the rate charges as submitted and proposed be adopted effective with - the November ist water billin_ as follows: , ,,

Chapter 9

•WATER

Section i. ************************** Section2. Rates.ThefollowingratesshahbechargedandConected from each consumer of water in the Village of East Aurora:

For quarterl7 periods Per i00 cu. ft. First 800 cubic feet .85 801-10,000 cu. ft. - .75 Next 20,000 cu. 'ft. .45 .... Over 30,000 cu. ft. •37

The above schedule of Water rates is subject to a minimt_ncharge of $6.75 per quarter for each continuous service.

Rates for use of water out of the Village establishedby Section 4 of this Chapter shall be charged and collected from each consumer of water furnished on lots of record situated in whole .or in part in the Village of East Aurora, when any.of such.water so furnished to meters within the said Village is supplied by the owner or principal occupants of such lots to other users outside of the Village of East Aurora. _ •

Section 3. *********************

Section 4. Rate for use out of Village. The following rates shall be charged and collected from all%_ water consumers for water services located outside of the Village limits:

For quarterly periods Per 10b cu. ft. "" First 800 cubic feet .1.25 Over 800 cubic feet 1.12

Except that on and after June i,..1970,the Board of Trustees May .contract to sell in excess of i0,000 cubic feet of water.to a duly constituted water district at a rate no lower-thar_$i.00 per i00 cubii feet_ -The above schedule of water rates is subject to a minimum charge of $i0.00 per quarter for each qonsuner's service. 78 East Aurora, New York September 8, 1969.

By a vote of record: AYES "" ' NOES Mayo_ J. Forfeit Cain Trustee David P. Elmer NONE Trustee James W. Ford Truls_:eeNealJacobus '"""" '" Trdste.e'Robert B. 'Kelly : _- '" Trustee Walter E. Nicoloff Trustee Raymond A. Smith was- absent.

:. The motion'{vasdeclared darried. '"

Alan Scattergood, 341 Girard Avenue, discussed a petition submitted by several Girard Avenue residen£s August 25, 1969,'to Dale Bossert'_Erie County Highway Com- -fnissi'oner}'gsking.consideratiod of alteration by the County of plans for the rebuilding of Girard Avenue. Mr. Scattergood presented a copy Of Irisremarks'for the record.

The following citizens being present, asked questions concerning the proposed_ re-building of Girard Avenue.

Dorothy Ferguson, 37 South .Willow, owner of 267 Girard Avenue Richard Morris, 315 Girard Avenue Gerald ThOmpson, 37 Girard Avert_e . " ' " • '" Alfred Schroeder, 424 Girard Avenue Keith Sprenger, 153 Girard Avenue John Spoofier,395Gira}d Avenue "_ .. Vernon Vrana, 160 Girard Avenue Thomas Meyers, 296 Girard Avenue Roger Samdahl, 421 Girard Avenue

The questions of these citizens were answered in as far as the Village.had the proper information .... " ....

At 10:50 P..M., the Trustees considered a propos_l submitted by the New York State Electric and Gas Corporation to update the lighting pattern of Hamlin Park. This proposal was requested by %he Village.: The New York :State Electric and Gas Corporation'recommends 'theinstallation of 17 (seventeen) 250 watt'Mercury Vape_-. lamps mostly fin the Grove area. The light,standards wdflldbe the usual C0ncre_e standard used for street lighting. The total cost of the light standards and lights is estimated to be $3,971.50. "'

Expenses on the part of the.Village for necessary D. P. W. labor -fornecessary trenching to lay underground cables will approximate $6000.-6500.00. Cost of.underground cable would Be'extra, making a total cost of approximately $ii,000.00. " '

After discussion, by agreement, ithe Village Engineer will discuss the proposed lighting plan with the Recreation Commission and with the Chief of Police. Further consideration will be 'giventhis matter at the September'22nd Board meeting when the results of the Engineer's conferences would be available. . .i

In discussing a proposed new entrance way to the Hamlin Park-pavilion, the • Village EngSneer .suggested allowing the Village D.P.W.'to install proper Concrete footings and'a concrete Slab. It was"suggested that the AuroraPlayers, prificipal . tenants of the building, be asked to secure the .services'of a contractor,to perform the necessary above-ground construction East Aurora, New York September 8, 1969. 7 9

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the Village Engineer's report on the proposed construction of a new entrance way to the Hamlin Park Pavilion be accpted and the Village Engineer be authorized to lay the necessary footings and concrete"slab using D. P. W. labor. ' '_ k P . It Was reportedthat the grass and weeds recently cut on properties on Fairlawn Drive have re-grown.

The question arose as :to whether or not the Village should have the above mentioned weeds and grass again mowed with the expense to be charged against the property owffers...... " • t TlfeVillage Attorney advised that a new notice to the owners should be tendered according to provisions of Section 39 of the Village Law before the Village again has the grass and weed re-cut•at the owner's expense.

Further discussion established.the fact that there is apparently considerable weed growth in various parts of the Village right-of-way. It was established that the Village may cut the weeds and grass in the right-of-way at Village expense.

By agreement, the whole_eed problem will be considered further at the September 22nd meeting when it is expected that more definite information will be made available as to the .extent of the unoit weed problem.

The matter of a Village policy _d decision regarding the matter .of.whetheror not to order the demolition of the gas station structure on the old Mobil Service Sta- tion property, 35 Buffalo Road, came on for discussion. A joint cormm_nicationreceived from the Planning Commission, Safety Committee, and "701" ConT,issionafter a joint meeting on the matter recorm_endsthat it would be in the best interest of the general Village welfare as concerns traffic safety for the Village to acquire the property by purchase or condemnation and that the existing structure .thereonbe-demolished as agreed by Mobil Oil Corporation in their letter dated November i, 1968.

Trustee Je_aesW. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes that the Village Board accept the joint recommendation of the Planning COnSLission,Safety Committee and "701" Committee that the original recor_aendationby the Planning Cor_nission tendered in November 1968, be adhered to and the Mobil Oil Company be instructed to demolish the existing st1_uctureon the property at 35 Buffalo Road. -. " :"

Trustee James W. Ford moved, seconded by Truatee David P. Elmer and carried with no negative votes that the Village Attorney be authorized to contact the Real Estate Department of Mobil Oil Corporation and attempt to negotiate for the Village to purhhase the property at 35 Buffalo Road by reason that said ownership of said property is in the best public interest.

At this point Village Engineer'James R. O'Connor reported that the bid 6f. H. R. Hunt Motor Corporation is in order as-regards the slsecifications. Mr. O'Connor.further,reported that after consultation.with.Police Captain M. Raymond Smallback, the purchase lof said •1970 Fairlane sedan is recommended. _, - TrusteezRobert B. Kelly moved, seconded_by Truste_ DavidlP. Elmer and carried with no negative votes that the bid of H. R. Hunt Motor Corporation being in order according to the advertised specifications, the same be accepted in the amoflnt"of'$2918".36as well as-.theOffer .to lh_ 8O East Aurora, New York .. September 8th,.1969

to purchase a 1967 Ford for $450.00 as a trade-in, making the net _id price $2468.36......

A petition was received from Roxy's Music Store' to erect a sign at their new location, 728 Main Street, East _urera, New York.

Trustee Neal Jacobus moved, se'conded by Trustee Walter E. Nicoloff and carried with 'one negative.vote :that the petition of Roxy'a Music Store to erect a sign at 728 Main Street being in order be granted-," _-rovided the e×i_ting sign at the former location, 10 0lean Street, be used or that a sign of the same dimensions be substituted-.- --

The matter of the proposed: adoption of a bond resolution in connection with the $650,000 estimated cost of in_provements to the water distribution and installation system of ttie Village came on for consideration.. There followed a discussion as to a preposed time: schedule for a public information _aeeting on the" matter and a referendum election thereon upon the motion of this-Board.

•'" ' : RESOLUTION ' .,

Trustee Walter E. Nicoloff moved,.seconded by Trustee David P, Elmer that a public information meeting upon the matter of a bond issue in connection With the cost of improvements to the water dis= tribution system of the Vi£1age"b'escheduled at Parkdale-SchOol, October 7, 1969, at 8:00 P. M., and the .said•election on the proposed bond issue be held October 14th in the Village Hall between the hours of 12 noon and 9:00 P. M. (E.D.S.T;) : " "

By avofe of recordf ". . . AYES ." NOES • MayorJ. Forrest Cain Trustee David P. Elmer NONE: " Trustee James W.. Ford "• Trustee Neal Jacobus :- Trustee Robert B. Kelly Trustee Walter E. Nico£off. --

Trustee Raymond A. Smith was absent.

The motion was declared carried.

By consent the Village Attorney was directed to have a bond resolution for water distribution, expansion and improvements prepared for submission to the Trustees at the September .22nd.Board meeting. " •_ . The Police report and the dog warden report for the month of August were received. After discussion the reports were ordered to.be filed. I Trustee James W. Ford discussed a recent decision of the Zoning Board of Appeals September 3, 1969, granting Circle Enterprises, Inc., (Oliver Reed, President) to install a 7'4" steel 15ilSein Tannery Brook"from Oa_ood Avenue upstream 200 feet and covering the same with earth. Mr. Ford feels that Circle Enterprises, Inc., should be asked to cease and cde-si._taction on this project,until an opinion regarding the effect of such installation on the uncovered remaining portion of Tannery' Brook between said.pipe and Main'Street, can be obtained from.cofisfiltin_Sengineers

Krehbiel, Guay,. t_.gg•. • _! . Hall. .* ,- .° •

.. No Board action was taken on this suggestion. F 81

East Aurora, New Yo_k September 8. 1969.

,' ¢_ Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicol0ff and carried with no negative votes, that vouchers No. 290 through No. 365 in the amount of $62,080.57..onthe General 'Fund;:and voucliersNo.63 through No. 75 in the amount

. . H_nry A/ Sherwood, Village Cler-lrr--. -

• "£. " J, , t

East Aurora, New York September 15, 1969. •. ",-,

Minutes of the regular meeting of September 8; 1969, ofthe Board of Trustees of the Village of East Aurora, New York, held in the Board room at the Village Hall, corner of Main and Paine Streets, East Aurora, recessed to reconvene at 8:00 P. M., September iSth. . ,

There were present, the following: blessr.J. Forrest Cain, Mayor pr.esiding; David P. Elmer, J_es W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees comprising a quorum of the Board, also Henry.A..Sherwood. -- Village Clerk.. .,.

Mr. Alfred Peterson, 530 Ridge Avenue, appeared and discussed the fact that' his house is apparently settling into Tannery Brook by reason of erosion of the bank, Mr. Peterson asked what aid the Village could give to this problem, stating that his property is open for inspection or for remedial wq_k at any time.

It was 'established•thatMr. Peterson owns the whole brook• as it passes through his property, this it being private property, the Village cannot legally perform remedial work on Tannery Brook at this point without the declaration of a state of emergency.

Trustee Robert B. Kelly asked authority for the capital,.Expenditures,Committee" to plan remedial flood control action on Tannery Brook according to the provisions of Public Law #566. No decision was made on this request.

Mayor J. Forrest Cain discussed-a proposed "Des_k:B_QokUbeingprepared to celebrate the 60th Anniversary of the New York State Conference of Mayors. The Mayor asked the Village.Board to approve a half-page Village publicity advertisement in the book at a cost of $300.00.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Ni£oloff and unanimously carried that the Village of East Aurora subscribe for a half-page Village.publicity advertisement in the New York State Conference of Mayors' "Desk Book" at a_gost .of $300.00, said amount to be transferred from account A290-650 (Con- tingent Fund) to a.ccountA234-400 (Publicity).to .coyer the cost.

Mayor Cain read a letter from Anthony DiFilippo asking the Village to reconsider F 81

East Aurora, New Yo_k September 8. 1969.

. . H_nry A/ Sherwood, Village Cler-lrr--. -

• "£. " J, , t

East Aurora, New York September 15, 1969. •. ",-,

Mayor Cain read a letter from Anthony DiFilippo asking the Village to reconsider 82 East Aurora, New York September 15, 1969.

the Board decision September 8, 1969, to order the demolition of the g&s station structure at 35 Buffalo Road..,:_.. .- ....

Village Attorney Walter W. H_itt reported on a conference with Mr. J. P. Georgeson, real.estate representative, Mobil_Oil Corporation_.zMr..G.eorgeson asked the following action:

i. Submit demolition instructions to Mobil Oil Corporati_h:in writing. (Mailed'with certified copy of Sepember 8th minutes)..,

2. If the Village desires to take ownership of the property, submit an offer of purchase in writing to Mobil Oil Corporation.

After considerable discussion, by consent, the matter will be considered • further at the September 22nd regular meeting at which time a professional appraisal of the market value of the property at 35 Buffalo Road, minus the

building, should be svailable. . t

Trustee Robert B. Kelly moved, seconded by Trustee James W. Ford and carried with one negative vote, that Mayor Cain be authorized to obtain an appraisal from a licensed appraiser for the property at 35 Buffalo Road for consideration'_atthe September 22nd'Board meeting.

The 1970-71 proposed budget as submitted by the Recreation Conm_issionwas - given brief consideration. The matter will be considered further at the September 22nd meeting: •• ': '

Trustee David P. Elmerdiscussed the decision by the Z6ning Board of Appeals September 3, 1969, authorizing Circle Enterprises, Inc., to lay a 7'4" steel '" culvert pipe in the bed of .TanneryBrook from Oakwood Avenue bridge north 200 feet toward Main Street. : _....." _'"

" To: J. Forrest Cain, Mayor """ From: J.W. Ford ' _ _ '_ " " "' Subject j Review of 3 September 1969 Action of the Zoning Board of Appeals. : CC:r ::' Henry A. sherwood,.Walter W. Hdwit_, James R.:O'Connor,' Oliver" Reed. . _ - ' : -' ' : "..': " ..

I want the minutes of our 8 September Board meeting to show that I challenged the 3 'Seotember 1969 actioff of the zoning Board of .Appeals i_la- rive to the. rafification and approval of the issuane_-of a special permit to Circle Enterprises, Inc.%" for the installation of-certain drainage facilities in Tannery Brook. In my challenge the following points were made: i. I did not question the right of the Zoning Board of Appeals to act on-thismatter. ' But I do now raise that que_ti6h. " Chapter7, Sec. 2 says " ... without first obtaining _a permit from the Building Inspector" .... 'q_e granting or denial of such a permit shall be.subject to review hy the " " Zoning Board of Appeals." The "Report of Zoning Board of Appeals Action" indicates, in para. 5: "Review requested b/ Building Inspector". : There isno evidence that the Building Inspector had either granted or denied a per_,"tprior to the Appeals Board's actidn." If "indeedhe-'hadnot earlier acted to grant or deny, thence Appeals Board's action was not a renew of an earlier action/but was _he original action itself. The Board of Appeals i$ not given the privilege or responsibility of taking such original action. Therefore, I conclude the Appeals Board's action was' neither appropriate nor legal. _ _ :."/¢ ''" 83 East Aurora, New York September !5, 1969.

[I have (since) been informed that the Building Inspector appeared before' the Zoning Board of Appeals, stating that he intended to grant a special permit (he had not yet done so), and asked the Appe_s Board's consideration and opinion. In my view this amo_mts to original action by the Appeals Board and the above arg_ent still holds.] 2; I did assert that the Zoning Board of-Appeals failed to ta_e adequate engineering counsel in that they did not have an opinion from our engineering consultants, Krehbiel, etc.

Finding (4) by the Zoning Board of Appeals suggests that the proposed structure 'Mill consist of a steel pipe 7'4" in diameter .... open at the upstream end." I asserted that the foregoing would appear to represent poor engineering practice in that no transition was implied_from the natural (@pstream) banks of the Brook to the proposed steel conduit.

Finding (12) by the Zoning Board of Appeals stated:"The_proposed structure will not increase any flood danger in the area." That finding is subjective and without sound engineering backing. There appeared to beno memory of the fact that some four yearsago, the entire Tannery Brook channel north of Oakwood was some 20 feet deep in ince-jam_ed water. How could the open cut left after completion of the proposed installation be expected to contain as much ice and water as was held up on that earlier occasion?

It should be noted that the Zoning Board•of Appeals laid particular emphasis on finding (12) in its ratification and approval of issuance of the special permit. '

Finding (13) states.:.'_he proposed structure will not interfere with any• forseeable work in Tannery Brook in this area". Although the term "this area" is not defined, I believe that impact-of the proposed.installation on possible "future work" goes upstream at least as far as our Main Street culvert. It is already recognized that _he size of any culvert installed in Main Street by the NYS Department of Transportation will be determined by•the State rather than by the Village and that such _ulvert will, in all probability, be sized to acc_modate a 50- or I00-year storm flow. In such an event, any proposed down-stream structure or conduit that is not sized in proper relation to a Main Street culvert will indeed interfere with any "future works" in Tannery Brook in this area" . ,, .... . I 3. Applicability of Section 2,_Chapter .7,"of the General Ordinances is questionable (see also item i, page i) in that the intent of that section clearly was to control the construction of bridge-like structures from bank to bank of Tannery Brook (and/or Cazenovia Creek). This is shown by the stipulation that "the lowest point of any such structure shall be no less than 18" •abovehigh-water mark" ....•Since no conduit .forbrook water would •serve any practical purpose if its lowest point were above the:high-water mark then the cited section obviously cannot be used to examine the case.

In summary: .-

a. That original, not review, action was taken by theZoning Board of Appeals makes the matter procedurally incorrect- and illegal. .

b. That engineering counsel was not taken makes the action technically in- .adequate and, possibly, capricious .(although the detail of the findiJ_gs suggests that is not the case).. • ...... 84

East Aurora, New:York .... September 15, 1969.

c. Either Chapter 7, Sec. 2 does not apply (SO action should.hot have been brought thereunder) or Chapter 7, Sec. 2, by virtfie'6f its requirement 'for havingstructures clear a high-water mark, renders itself ineffective in in.the case at hand. : • .. . j -- .

In view of the above argt_ehts I have made an informal request that Circle Enterprises be advised to withhold any action :in thismatter untit such time as a more complete engineering review of the proposal can be o_,tMned.. If Village officials or administrative officers decline to convey that request to Circle ENterprises or, if upon such request, Circle Enterprises determines that it will proceed without such engineering review I will find it necessary to seek, in an appropriate Cou1_, a reversal of the Appeals Board's approval and/or a stay of execution of woi'kunder a granted permit. •

JIM " ...... James W. 'Ford'. "

After 'considerable discussion, Trustee David P. Elmer moved, seconded by T_stee NealJacobus"that' engineering consoltants Krehbiel; " Guay, Rugg & Hall be authorized to review the plans for the proposed structfire 'as quickly.as possible, and also to.include in the report an opinion concerning the impact of flooding possibilities.

Upon the questiofi_ Trustee Robert B. Kelly 'asked that the motion be amended to include the"flood impact:of, all existing structures between the south side of the Oakwood Avenue bridge and the north side of the Main Street bridge.

Said @mendment was accepted by Trustees Elmer" and Jacobus. "

Upon the vote, the motion was unanimously carried.

Trustee David P. Elmer. moved," seconded.by ffrusteo Robert B._ Kelly " and unanimously carried that the Village.Attbrney.be authorized to prepare and submit a list of n_nes by which the Village can exercise control_of cham_el repairs, i_provements, etc_, in Tannery Brook within the Village limits.

Trustee Robert B. Kelly moved, .seconded by Trustee David P. Elmer and unanimously carried that the Village Attorney be authorized to recommend_suggested legislation establishing the control of Tannery Brook improvemehts or placement of structures by authority of the Board of ' Trustees rather than by authority of thebuilding Inspector.

Trustee David P. Elmer requested that the Village-Attorney be instructed to supply legal basis for Zoning Board of Appeals-decision to grant building permit to Circle Enterprise_, Inc. " " ..... " ...... ""-

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and ".- unanimously carried that a sum not to exceed $500.00 be transferred from contingent account A290-650 to storm sewer account A121-400 for the purpose of enlisting the services of consultinge_gineers Krehbiel, Guay, Rugg & Hall to study and report upon recommendations for the flood control of Tmmery Brook in the area between ,_OakwoodAvenue and Main Street.

Trustee Neal Jacobus discussed the new Village parking lot being constructed on Pine Street, and suggested that a traffic control plan for th'isnew lot, which is an addition to an existing parking area and also a beautification plan for the r 85 East Aurora, New York ' September 15, 1969.

area, be submitted to the Board by the Village Engineer for consideration.

Mr. Jacobu/ also discussed the flewVillage Hall parking lot and suggested that more lawn and p!anter area than is now evidenced on the Main Street side be considered. By consent, Trustee Jacobus ahd the Village Engineer were jointly authorized to make this study. -

Trustee James Wi Ford:moved, seconded by Trustee David P. Elmer and unanimously carried that at 10:00 P. M., the Board enter Executive Session. - -o

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanim9usly carried that at 11:29 the Board re-enter regular session.

Trustee James W. Ford rhoved, seconded by Trustee Neal Jacobus and unanimously carried that this meeting adjourn at 11:30 P. M.

_Henry A. _erwood, "g_llage Clerk.'_-

East Aurora, New York September 22,_1969.

Minutes of the regular meeting of the Board of Trustees of the Vil•lageof East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening September 22, 1969,"at 8:00 P. M. o'clock.

There were present the following: Messrs. J. Forrest Chin, Mayor presiding: David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, and Walter W. Nicoloff, Trustees, comprising a quorum of the Board; also Henry .A. Sherwood, Village Clerk, Wg_IterW. Howitt, Village Attorney and James R. O'Connor, Village Engineer.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that the minutes of the regular meeting of September 8th and the recessed meeting held on September 15th be accepted as submitted except that James W. Ford's letter-'toMayor Cain under date of September 9, be noted as received in the minutes•of the recessed meeting of September 15th.

Mayor J. Forrest 'Cain read a letter•fram State Comptroller Arthur Levitt regarding the activities of Village Clerk Henry A. Sherwood for participation in the annual Training School for Fisc_l Officers and Municipal Clerks and presented a 5-year award certificate for these activities. The letter in part said '%'ouhave taken seriously the essential business of providing government service at_a level greater than that which is deemed acceptable."

Village ENgineer, James R. O'Connor, .reported that the final proposal for the lighting of Hamlin Park is still being developed. The report should be:ready for the October 6th Board meeting.

The matter of the growth of weeds and long grass in various parts of the Village including the Fairlawn Drive area came on for discussion. Trustee Robert .B. Kelly asked the Village Engineer about an area at Girard.Avenue'and Whaley Avenue .-,-_ r 85 East Aurora, New York ' September 15, 1969.

area, be submitted to the Board by the Village Engineer for consideration.

Trustee James Wi Ford:moved, seconded by Trustee David P. Elmer and unanimously carried that at 10:00 P. M., the Board enter Executive Session. - -o

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanim9usly carried that at 11:29 the Board re-enter regular session.

Trustee James W. Ford rhoved, seconded by Trustee Neal Jacobus and unanimously carried that this meeting adjourn at 11:30 P. M.

_Henry A. _erwood, "g_llage Clerk.'_-

East Aurora, New York September 22,_1969.

Village ENgineer, James R. O'Connor, .reported that the final proposal for the lighting of Hamlin Park is still being developed. The report should be:ready for the October 6th Board meeting.

The Engineer advised that the New.York State Gas & Electric Corporation,." owners of the property, have been asked to clean it up. The clean:up has been partially completed and will be completed within the next few days,

Trustee-David_P; Elmer-asked what •is-being done by the D.P.W., to.control . weeds and long grass on Village-owned property and Village rights-of-way.

The Village Engineer advised that the .majorparcels of Village-owned-.property including the ,Village Hall, Water Plant, Disposal Plant_ and various small park areas are being cared for on a.regular basis. Certain miscellaneous Village-owned parcels and rights-of-way areas are usually mowed twice a year or as conditions warrant. " " • _'

Trustee Elmer asked the Engineer to submit a cost estimatereport for the reasonable care of the miscellaneous small pieces of Village-owned property, and rights-of-way areas.. -_

T_stee Walter E. Nicoloff suggested that Village equipment be kept at work on a regular basis to .keepVillage property clean and cleared of weeds and long grass.

After discussion_of,the condition of the areas beneath railroad bridges and other areas, Village Engineer, by consent, was instructed to conduct a continuous campaign to clean Village property. A report on this activity was requested for the October 6th Board meeting.

The matter of the disposition of the old Mobil Station, 35 Buffalo Road came on for additional consideration. Mayor Cain reviewed past actions of the Board with emphasis on the request by the Village that Mobil Oil Corporation comply with _their .agreement of November 1968-to demolish the:existing structure on the property.

It was noted that at the September 15th meeting a letter from Anthony DiFi-lippo had been read a_king the Village not to order the destruction of the structure at 35 Buffalo ,Road..Mayor Cain re-read this letter for the record. Trustee.David P. Elmer asked for a copy ofsaid letter. -.So,agreed.,,. --

Edward Kandefer, 210 Center Street, •appeared before the Board and asked when agreed-upon actiontbreplac_ an open drainage ditch on his property,with-a covered culvert will be accompli.shed. -"

The Village Engineer advised that the necessary pipe is about to be delivered, and the work will be accomplished very shortly. ".

Mr. Richard Grant, 290 Girard Avenue, requested answers to certain,questions regarding the re-building by the County of Erie of Girard Avenue: ." "

i. Would the County respond to .any reasonable structural changes -. ; , that might be requested by the Village Board? "

Mayor Cain advised that the answer to this question is unsown at this time.

2. Will Oak Grove Construction, assigned contractor, respond to " reasonable change orders issued by the County Commissioner of • Public Works if said requests are originated by the Village Board of Trustees? ." "

The _nswer to this question is unknown. 87 East Aurora, New York September 22, 1969.

3..-Are any Federal funds_involved in the Girard Avenue project?

The Mayor advised that to his knowledge there are none.

4_ When will the actual reconstruction job'begin?

The best estimate _s received by the Village is that the paving, curbing, etc., will be accomplished during the 1970 work season although storm drain work will be started as soon,as the necessary pipe, etc., arrives. _

Mr. Grant mmounced_his intention of sending a questionnkire regarding the Girard Avenue reconstruction to all property owners on "the"street and that he hoped to have a tabulation of answers in time for the October 6th meeting.

Mayor Cain advised _hat the Village Clerk has the responsibility of officially tabulating for the Board any answers to such questionnaire.

Trustee Neal Jacobus advised that in his opinion if Girard Avenue becomes a 28' wide.street rather than the proposed_36' width, par_ffigwould have '_o"be limited to one side of the street in order to accomodate the expected traffic. "

Mr. •Grant asked what factors had influenced the decision _o •createa 36' street.

The Village ENgineer gave his opinion that the 36' wide street was chosen by the Highway Engineers because the expected vol_e of traffic dictates a need for two travelling lanes plus a parking lane on each side.

Trustee David P. Elmer shewed a'prelimlnary 1510tp_an created by the"'701" Committee regarding a proposed recreation and park area on land presently owned by Seymour H. Knox on both sides of Girard Avenue in the area between Buffalo Road east to Hamlin Avenue. This map had been presented to Mr. Elmer moments before the start of the meeting .....

By consent, the pro_Osed plans will.be considered by the Trustees at 'awork session and at a meeting with the Planning Cdn_aissionand possibly withthe Town Board and Town Planning Con_aissionbefore official recognition is given to this plan. _

A Mr. Kenne1_hSelby, representing the Photomat Corporation, requested a building permit based on an application for a drive-'instructure at the Aurora Village Shopping Center. The proposed structure would house a sales and service operation.

After discussion, the matter will be studied as to con_pliancewith the Zoning Ordinance by the Village Engineer and the Village Attorney, and a report can be expected at the October 6th Board meeting.

The matter of a request by several citizens to have"created a School Stop Zone on Maple Road at the intersection of Parkdale Avenue, was considered. T

A traffic survey report submitted by •the Police Department indicated that there could indeed be a need for such a School Stop Zone at this location.

Trustee David'P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that a Public Hearing be scheduled October 6th with publication .in the official newspaper September 25th, 0h.the matter of creating a School Stop Zone on Maple Street at the intersection of Parkdale Avenue.

m_ 88 East Aurora, New York September 22, 1969. . . T L

The 1970 joint Town-Village Recreation Conmission proposed budget came on for consideration. Trustee.Robert ,B. Kelly,questioned-an-item of $3000 for Community Pool maintensnce as being an improper expenditure of public money.

Discussion indicated that no specific contract between the Town, Village and Recreation Commission and the Aurora.Community Swimming.Pool Corporation is in existence.

•After considerable,discussion of:.thebudget and items contained therein ,Trustee Robert B. Kelly moved,,seconded by-Trustee Walter E. : Nicoloff that no action on the proposed recreation budget for 1970 be taken at this meeting,:and that-theTown of Aurora be-asked to assume the financial responsibility of the entire recreation program as a general Town•tax item, and that Mayor Cain be authorized to investigate with Town of Aurora Supervisor Abbott Henshaw, the matter of i_lementing this,action. , -.. - , ,.... _ _ ,•...... •'

By a vote of record: AYES . ." ." NOES .* Trustee James W. Ford i. Truste-eDavid P_ Elmer..._-: Trustee-Neal Jacobus ,. -- Trustee Robert B, Kelly Trustee Walter E, Nicoloff ...... - .." -_. : . ! . Trustee Raymond A. Smith Mayor J. _Forrest Cain .. _ - The motion was declared carried. •

Trustee Elmer gave his minority opinlon that he is not opposed to the Town of Aurora ass_m_ingthe financial responsibility for the Recreation Conmission activities, but he is not in favor of-placing any increased-burden upon the County of Erie by reason of the County having to be.responsible for collection of an increased amount of tax dollars.

Trustee Walter E. Nicoloff-offered the following resolution and moved.its adoption:- .. -.. _•,

BOND RESOLUTION OF THE VILLAGE OF EAST AURORA, NEWYORK, AIDPTED SEPTEMBER 22, 1969, AUTHORIZING THE PAgrIAL "RE- CONSTRUCTIONOF AND CONSTRUCTIONOF ADDITIONS TO THE VILLAGE OWNEDAND OPERATED WATER SYSTEM, IN SAID .VILLAGE, STATING THE ESTIMATED MAXIHI_4COST THEREOF IS$650,000, APPROPRIATING SAID AMOUNTTHEREFOR, AND AUTHORIZING THE ISSUANCE OF $65Q,000 SERIAL BONDS.TO FINANCE SAID APPROPRIATION. . • .,

RESOLVED BY THE BOARDOF TRUSTEES OF-THE VILLAGE OF EAST AURORA, IN THE COII_FY OF EP_E, NEWYORK Coy the favorable vote of not less than three- fifths of all the members of said Board) AS FOLLOWS:

Section i. The Village of East Aurora (herein called '_illage"), in the County of. Erie,-New York, is .hereby authorized to reconstruct, in part, and construct additions to the Village owned and operated water - system, by construction of a storage tank on land heretofore ar_quired_ and now owned by the Village and reconstruction and the installation .of water mains in Village streets, in the Village, including hydrants, necessary connection s and other appurtenances, land or rights in land. " and necessary original furnishings, equipment, machinery and apparatus, ,'. - .. 89 East Aurora, New York September 22, 1969.

all in accordance with maps, plans and specificatio1_sand estimates of cost prepared by Lozier Engineers, Inc., competent engineers, duly licensed by the State of New York, on file in the office of the Village Clerk of the Village and hereby approved. The estimated maxim_n Cost of said class _, of objects or_urposes, including preliminary costs and costs incidental thereto and the financing thereof, is $650,000 and _he said amount is hereby appropriated therefor. The plan of financing includes the issuance of said serial bonds and the levy and collection Of a tax upon all the .taxable•real property in the Village to pay the principal of said.bonds randthe interest thereon as the same shall become due and payable.

Section 2. Serial bonds of the Village are hereby authorized to be issued in the principal amount of $650,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a.of the Consolidated Laws of the State of New York (herein called "Law") to finance said appropriation.

Section 3. The following additional matters are hereby determined and declared: .

(a) The period of probable usefulnessof the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section ii.00 a.l. of the Law, is forty (40) years. " i • L (b) Current funds are not required to be provided as a down payment prior to the making of expenditures for a specific capital improvement from the proceeds of the bonds herein authorized of of any notes in anticipation of the sale of such bonds or from a fund into which such proceeds are paid pursuant to the provisions of Section 107.00 d.3. (a) of the Law.

Section 4. Each of the bonds authorized pursuant to this resolution and any notes issued in anticipation of said bonds, shall contain the recital of validity prescribed by § 52.00 of the Law and said bonds,and any notes•issued in anticipation of said bonds, shall be general obligations of the Village, and the Village hereby irrevocably pledges its faith and credit to the punctual payment of the principal thereof and interest thereon and "thereshall be raised annually by tax on all the taxable real property in the Village .a sum sufficient to pay the principal of and interest on said bonds and notes in anticipation of said bonds, as the same shall become due. : .

Section 5. Subject to the provisions of this resolution and the Law, and pursuant to the provisions of § 30;00 relative to the•authorization of the issuance of bond anticipation notes and of §50.00 and §§ 56'.00to 60.00 of the Law, the powers and duties of the•Board of Trustees relative to prescribing the terms, form andcontents and as to •thesale and •issuanceof said bonds and any notes issued in anticipation of said bonds, or the renewals thereof, are hereby delegated to the Village Tre_srer, the chief fiscal officer of the Village.

Section 6. The validity"of the bonds .authorized by this resolution, and'of any notes is-suedin anticipation of said bonds,,may be contested " only if : :_ ...... L

(a) such obligations ale authorized for an object or 9O East Aurora, New York September 22, 1969.

_,purposefor which the Village is..notauthorized to •. expend money, or i . [, _. (b) provisionsof whichshouldbeco pliedwith at the date of the publication of such resolution, • - •are not substantially complied with, ......

and an action,•suit-iorproceeding conte_ing such validity / is cuJlmLenced within twenty days•after the date of such publication, or

Section •7. A proposition for the approval or disapproval of this resolution shall be submitted to the qualified voters of the Village at a Special Village Election to be held on OCTOBER 14, 1969, and this resolution shall take effect upon approval of the proposition by said voters of the Village._,tthat referendum vote_ • __....• , : _-zr

The adoption of the foregoing resolution was seconded by Trustee Robert B. Kelly add duly put to a,vote on roll call, which resulted as follows: """'

AYES: Mayor J. Forrest Cain, Da_d" P. Elmer, James W.. Ford," Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff, - Ra)_nondA. Smith.

•NOES : " None

The foregoing resolution was declared unanimously adopted.

Trustee Walter E. Nicoloff offered the f011c_¢ing•resolution and moved its adoption :- .. RESOLUTIONOFTHEVILLAGEO .EASTAURORA,NEWYORK,ADORED SEPTEMBER 22, 1969, PROVIDING FOR SUNMISSION OF A PROPOSITION ATA SPECIAL VILLAGE ELECTIONTO BE HELD ON OCTOBER 14, 1969, TO APPNDVE OR DISAPPROVE THE BOND RESOLUTION HERETOFORE ADOPTED BY THE BOARD:OF TRUSTEES.OF,SAID VILLAGE ON SEPTEMBER"22, 1969, subject to mandatory referendum.

RESOLVEDBY THE BOARDOF TRUSTEES OF THE VILLAGE OF EAST AURORA, IN THE COL_ OF ERIE, NEW YORK, AS FOLLOWS:

Section i.. A Special--VillageElection shall beheld on OCTOBER 14, 1969, at 12:00 o'clock NOON (D.S.T.) at the Village_Hall,.East Aurora, New-York, and the polls shall remain ,open until 9:00 o'clock P. M.: (D.-S.T.)-oras much longer as may be necessary to enable,the voters then present to cast theSr voteS_

Section 2. The Village Clerk is _hereby authorized and directed to give notice of such Special Election (a) by publishing a Notice thereof in f_rm and substance as hereinafter set forth, at least once in the"EAST AURORA ADVERTISER", a newspaper published in East Aurora, New York, •andbeing the official newspaper of the Village and having a general circulation in the Village, and Co) posting a printed copy of said Notice conspiciously in at least six (6) public places in the Village, said publication and posting to be at least ten (10) days.before said Special Village•Election. • 91 :East Aurora, New York September 22, 1969.

Se.ction 3. The Village Clerk is hereby authorized and directed to include in the Notice of SpeciallElection notice that the Board of Trustees will submit at the said Special Election for the approval by the affirmative vote of a majority of the qualified electors of said Village voting thereon, the Proposition hereinafter :set forth in the .ndtice of such Special Election.

Section 4. At the 'said Special Election the vote. upon the said Preposi- tion shall be 'by separate ballot- on voting machines and the onl)_ persons allowed to vdte upon the said Proposition shall bd persons Who are. qualified to vote pursuant to law. The Village Clerk is hereby diredted to have the necessary bal.lots prepared for use at the Election..

Sectio_ 5. Said"Notice shall"be .in substantially-the following form:

VILLAGE OF EAST AURORA_ NEW YORK NOTICE OF SPECIAL VILLAGE ELECTION OCTOBER 14_ 1969

NOTICE IS HEREBY GIVEN that a Special Village Election will be held on the -14th day of OCTOBER, 1969, at the Village Hall,; • East Aurora, New York, and the p'ollsshall •remain open from 1-200 o'clock noon (D.S.T) until 9:00 o'clock P.M. (D.S.T.), or for such longer period of time as may be necessary-to enable the voters then present to cast their ballots. At said Special Village Election the following Proposition is to be voted upon:-

PROPOSITION

SHALL the bonds resolution entitled: '.'BondResolutionof the Village of East Aurora, New York, adopted September 2Z, 1969, authorizing the partial-reconstruction.of and const-ructionof additions .to the Village owned and operated water system, in said Village, stating the estimated maximum cost thereof is $650,000, appropriating said amount .therefor, and a_t_orizing the issuance of.$650,000 serial bonds to finance said appropriation", BE APPROVED?

An abstract of such resolution cc_cisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING _he Villaie of East Aurora (-"Village"),to reconstruct, in part, and construct additions to the Village owned and operated water system, by construction of a storage tank on land heretofore acquired and now ownedby the Village and reconstruction and installation of water mains in Vill'agestreets, in the Village, including hydrants, necessa.ryconnections and Other appurtenances, land or rights in land and necessary original furnishings, equipment, machine'rynnd apparatus, all. in accordance wfth maps, plans and specifications and estimates of cost prepared by Lozier Engineers, Inc., competent engineers, duly licensed by the State of New York, on file in the office.of the Village Clerk of the Village ; APPROVING .said maps, plans and specifications and estimates ; STATING the estimated maximum cost of said class of objects or purposes, including preliminary,costs and costs incidental thereto and the financing thereof, is $650,000; APPROPRIATING said amount therefor;.STATING the plan • of financing includes the issuance of said serial bonds and the levy and collection of a tax upon all the taxable -realproperty in the Village tO pay the principal of said bonds Rnd the interest thereon as the same shall become due and payable; 92 East Aurora, New York September 22, !969.

SECOND: AUFHORIZING the issuance of $650,000 serial bonds of the Village to finmnceLsaid appropriation;

THIRD: " DETERMINING AND DECLARING that the period of prob_le usefulness of the class of oSjects or purposes for which the bonds authorized by this resolution are to be issued, is forty (40) years; that current .funds are not required .'tobe provided as .adown payment prior to the making of expenditures for a specific capital impPovement from the proceeds of the bonds herein authorized or of any notes in , _anticipatlbn of the sale of such bonds.or from a/fundinto which-'s%gh' pr6ceeds'are'paid", that.the p_opo_ed maturity of the_bonds authorfzed by this resolution will be in .excess of five (5) year's;.... L FOURTH: DETE_INING that _said b'onds and ahy note½ issued in _ anticipation of the bonds shall be general obligations of the Village and PLEDGING to their paymeht'the faith and credit of "theV_llage7"'_' "

FIFTH: DELEGATING to the Village Treasurer the powers and duties as to issuance of saidbonds, and any bond .anticipation notes, and renewals thereof; and

SIXTH::, DETERMINING that a Proposition containing an abstract of the resolution shall be submit£eclfor the approval or :disappr0val of' the quali_fiedvoters of the Villaie at.the Speciai _/illageEle_ctionto be held on OCTOBER 14, 19"69,and that said resolution shall take effect upon appro_ai of:the Proposition...... ,- • DATED:I September 22, 1969. " : : -":"_ _-:

Henry A. Sherwood,

" " " Village Clerk.'

Section'6. %_is resolution shall take effect inmediately.

The adopt•ionof the foregoing resolution was seconded by Trustee Raymond A. Smith and duly put to a vote on roll call, which resuiteclas follows: , . [ . • . '." . -. " AYES: Mayor J. Forrest Cain, David P. Elmer, James _W. Ford, Neal Jacobus, Robert B:.Kelly,.Walter E. Nicoloff, Raymond A. Smith......

NOES: -" ' None :" ' •: [- _[. . , .I The reso]'utio'nwasdeclared unanimously adopted.

Trustee Rober£ B.'Kel"lyread i letter from Mrs. Robert.Gal>agheT , 37 Church Street, recently published in .the'EastAurora Advertiser regarding_the incidents of removal of a dead rat at that address.

Aft,r duscussion of .thepurpo#tedexlstence "of a .ratpopulation within the Village, decision was made to give this•problem greater surveilance than theretofore.

Trustee Robert B. Kel_y moved, seconded by Trustee Walter E. Nicoloff and unanimously carried, that Robert Hollowood, 60 South_Blossom Road, Elma, being qualified from a current:Civil Service list, be appointed effective October ist, to the.position of Fire Alarm Clerk at the rate of $2.85 per hour, said appointment to replace Garry Biliington' resigned. • 93 East Aurora, New'York September .22, 1959.

Mayor Cain reported that he has been successful in getting an appraisale of the old Mobil Service Station property at 35 Buffalo Read by a local appraiser. The services of an outZof-the-Village certified appraiser will be.sought.

Trustee James W..Ford requested that note betaken that a report from Krehbiel, Guay, Rugg & Hall regarding the advisability of allowing Circle E_terprises, Inc., to lay a conduit in Tannery Brook for a distance of 200' north from the Oakwood Avenue bridge toward the Main Street bridge and covering same with earth, hasbeen distributed to the Trustees, also that a memorandum from the Village Attorney regarding an amendment to Section 2 of Chapter 7 of the General Ordinances .of the Village of East Aurora and a memorandum regarding acquisition of property within the .Village for purpose of arresting and preventing flood.damage to property within the Village has also been distributed to the Trustees by the Village Attorney.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and tmanimously carried, that vouchers No.366 through No. 414 in the amotmt of $22,048.24 on the General Fund, and vouchers No. 76 throug_ No. 91 in the amount of $3,503.09 on the Water Fund, as audited by the Mayor and Trustees, be paid.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff'and unanimously carried __hatthis meeting,recess at 12:37 A.M. September 23rd, to reconvene at 8:00 P. M., September 29th. .-

East Aurora, New York .. September 29, 1959.

Minutes of the recessed portion of the September 22nd regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board Recto at the Village Hall, corner of Main and Paine Streets, East Aurora, reconvened at 8:00 P. M., September 29th..

There were present, the followingi Messrs; Robert B. Kelly, Deputy Mayor presiding; David P. Elmer, James W. Ford, Walter E. Nicoloff and Raymond A. Smith, Trustees, con_prising a quorum of the Board; also Henry.A. Sh.erweod, Village Clerk; Walter W. Howitt, Village Attorney, and James R. O'Connor, Village Engineei:.

Absent were Mayor J..Forrest Cain and Trustee Neal Jacebus;

Deputy Mayor Robert; B. Kelly chaired the meeting in the absence of Mayer J. Forrest Cain.

The matter of asking the Town of Aurora to assume the full operation and finan- ciai obligation of the joint Town of Aurora-Village of'East Aurora Recreation Con_nissioncame on for consideration.

After considerable discussion Trustee Walter E. Nicoloff moved, seconded by Trustee James W. Ford, that the following resolution be adppted:

RESOLUTION

WHEREAS, the Village of East Aurora has heretofore and since on • 93 East Aurora, New'York September .22, 1959.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff'and unanimously carried __hatthis meeting,recess at 12:37 A.M. September 23rd, to reconvene at 8:00 P. M., September 29th. .-

East Aurora, New York .. September 29, 1959.

Absent were Mayor J..Forrest Cain and Trustee Neal Jacebus;

Deputy Mayor Robert; B. Kelly chaired the meeting in the absence of Mayer J. Forrest Cain.

The matter of asking the Town of Aurora to assume the full operation and finan- ciai obligation of the joint Town of Aurora-Village of'East Aurora Recreation Con_nissioncame on for consideration.

After considerable discussion Trustee Walter E. Nicoloff moved, seconded by Trustee James W. Ford, that the following resolution be adppted:

RESOLUTION

WHEREAS, the Village of East Aurora has heretofore and since on 94

East AUrora, New York ' September 29 1969.

or about-the year 1958.taken action by resolution.and otherwise to. operate and maintain playgrounds and neighborhood recreation centers in the Town of Aurora and Village of East Aurora, and has joined with the Town of_Aurora in equipping, operating and maintaining such playgrounds and neighborhood recreation centers, and has .appropriatedmoney in connection tl_erewithall in accordance with the provisions of Section 244-b of the General Municipal Law; and WHEREAS the Village of Ekst Aurora has ,heretofore.taken action by resolution and otherwise to join with •the Town of Aurorathrough the respective _Villageand Town Municipal Boards to establish a joint .Recreation Commission in the nature of the joint recreation provided_for•under the.te_ns of Section 244-d of the General Municipal.Law of the State ,'ofNew•York;.and WHEREAS, the Village of East Aurora and the Town of Aurora have been operating and maintaining a joint recreation program through said joint Town of Aurora-Villageof East Aurora Recreation Commission for tIiesaid Town of - Aurora and Village of East Aurora; an_l WHERE/kSthe said joint recreation pfogran for the said Town and Village has green and developed to a .point where it appears to this Board of Trustees in view of.the .different fiscal years of the said Town and Village that it Would be more.efficient and orderly for the 'Town of AUrora to operate and maintain the 'said recreation program for.the Town of Aurora including the Village of East Aurora as a Town of Aurora activity supported • by appropriation from the ggneral Town of.Aurora (including the Village of East Aurora)_•Budget; and. '' _.-_.v_I_HEREAS"th'_ViI-Iag_'_fEast Aurora has heretofore included in its budget for the current fiscal year 1969-70 and has appropriated funds therefrom for its share of the cost of operating and maintaining the said joint Town and Village Recreation Program through May 31, 1970; and WHEREAS it is understood by this Board that the Town Board of the Town of Aurora shares with this Board the opinion that .it is desirable for the Town of Aurora to operate and maintain a single recreation program for the Town of Aurora including the Village of East Aurora,

NOW, THERFORE, BE iT RESOLVED, that the Village of East Aurora withdraw from the heretofore established arrangement with the Town of Aurora relative to the financial support of the joint .Town of Aurora - Village of East Aurora RecreatiofiProgram effective May 31, 1970; and • BE IT FURTHER RESOLVED, that the Village of East Aurora withdraw from the heretofore established arrangement with the Town of Aurora •relative to the operation and account control of the said joint Town of Aurora - Viillageof East Aurora Recreation Program effective December 31, 1969; and BE IT FURTHER "RESOLVED that this resolution be submitted forthwith to the Tom Board of the Town of Aurora ..

By a vote of record: AYES NOES Deputy Mayor P_bert-B. Kelly •• Trustee David P. Elmer Trustee James W. Ford. "... Trustee Walter E. Nicoloff Trustee Raymond A. Smith....

Mayor J. Forrest cain and Trustee Neal Jacobus we#e absent_

The motion was declared carried.

Trustee David P. Elmer expressed his minority opinion tha__the matter .of_the F 95 East AUrora, New YoLk September 29, 1969.

financial contmol of the Recreation Commission should be given more study and that •the rec_endatlons of the _'701"Committee report should be considered when such become available.

After further discussion of the joint Recreation Commission al:rangementsby consent the Village Attorney was authorized to explore the selection and creation of proper contracts. It was suggested that this work be performed by co-operation with the Town of Aurora Attorney.. These contracts•would have to do with the use of existing Village recreat$on_facilities by the Recreation CuJ_u,dssion.

The matter of a proposed resolution regarding the re-building of Girard Avenue by the Colmty of Erie was briefly discussed. The matter will be made a part of the October 6th meeting agenda.

Mrs. Albert K. Hill, 508 Girard Avenue, invited the Trustees•to attend a meeting SLmday evening, October 5th at 8:00 P. M., at her home. It is expected that a number of Girard Avenue residents will.be present to discuss the re-building plans for the street.

Mr. John Buno, 297 North Street, asked if anything has been done or is being done to eliminate the presence of rust bacteria in the water mains.

Village Engineer•James R. O'Connor advised that should the proposed water plant modernization progr_a be undertaken, a•P.H. control faStor will be/added. No control other than periodic flushing to remove rust from _he malns :LspractiGed at present.

After further discussion the Engineer was asked to explore the possibility of destroying the iron bacteria by chemical means_ A report of the feasibility of this method will be given at the October 6th Board meeting.

Mr. Alan Scattergood, 341 Girard Avenue, asked direction as to where to go to get verification that _here is a 33' right-ofiway from the center of Girard Avenue to his property. By consent, the Village Engineer and the Village Attorney were asked to research the matter.

Trustee Walter E. Nicoloff moved; •seconded by Trustee Raymond A. SMith and carried with one negative vote, that this meeting adjourn at 9:50 P. M.

East Aurora, New York October 6, 19692

Minutes of the regular meeting of the Board of Ti-_stees of. the Village of East Aurora, New Y_ork, held in the Board Room at. the Village Hall, corner of Mai_ and Paine Streets, East Aurora, New York, on Monday evening, October 6, 1969, at 8:00 P. M. o'clock.

There were present, the. following: Messrs.. J. Forrest Cain, Mayor presiding; David P. Elmer, Neal Jacobus, Robert B. Kelly and Raymond A. SNth T_stees, cc_n-. prising a quor_n of the Board; also Messrs. Walter.W. Howitt•,Village Attorney; James R. O'Connor, Village Engineer; and Henry A. SHerwood, Village Clerk.

Absent were Trustees James W. Ford and Walter E. Nicoloff. F 95 East AUrora, New YoLk September 29, 1969.

financial contmol of the Recreation Commission should be given more study and that •the rec_endatlons of the _'701"Committee report should be considered when such become available.

The matter of a proposed resolution regarding the re-building of Girard Avenue by the Colmty of Erie was briefly discussed. The matter will be made a part of the October 6th meeting agenda.

Mr. John Buno, 297 North Street, asked if anything has been done or is being done to eliminate the presence of rust bacteria in the water mains.

Trustee Walter E. Nicoloff moved; •seconded by Trustee Raymond A. SMith and carried with one negative vote, that this meeting adjourn at 9:50 P. M.

East Aurora, New York October 6, 19692

Absent were Trustees James W. Ford and Walter E. Nicoloff. 96

East Aurora, New York ,October 6, 1969.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly ahd carried with no negative votes, that the minutes of the regular meet: ing of September 22nd and the recessed meeting of September 29th, be approved as corrected for typograph$cal errors.'

Mayor Jl_Forrest Cain at 8:07 P. M,, declared open a Public Hearing on creating a school stop in Maple Street at the intersection of Parkdale Avenue. The Village Clerk read the notice of hearing as published in the official-news_ paper.

Mr. Frank Trendell, 442 Fillmore Avenue, spoke in favor of creating the school stop.

A iletterwas.received from Mrs. Gall Allemeier, 438 Fillmore.Avenue, expressing approval of the creation of the school stop: : " , There being no"ofi_eisepresent to-speak_ Mayor Cain-declared the hearing closed at 8:15 P. M.

TrttsteeDavid P. Elmer moved, seconded by Trustee Raymond A. Smith and carried-witlino negative votes that Section 7_a",Article V , Chapter 1 be mnended by adding:sub-section 17 to create a school stop, in Maple street at ParkdaIe Avenue and that thesame be published by the Village Clerk in the_official newspaper.

Mayor Cain reported upon.the findings of.Parke-Hall, professional appraisers, Buff_lo, regarding the"present]value of the'_ormer Mobil Oil Service Station property at 35 Buffalo Road. The report estimated the fair market value of the property to be $12r,000. The appraisal by Parke-Hall ahd Con_oany'wasaccepted for the record.

Trustee,R_grm0ndA. smith moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that permission be granted the E. A. H. S. Homeccming Conmittee to conduct their annual Hc_necoming Parade Saturday, October 25th; the line of marchbeing-from the Circle east on Main Street, south on South Grove Street to Hamlin P_rk.

A letter was received and read from Mr. George McKnight, 85 Broeklea Drive, asking the Village to construct a foot bridge over Tannery Brook where said brook intersects tlie--undedicated-portionofBrooklea Drive. Discussion indicated that the area is privately owned, although a property easement might be a'mranged.

Trustee David P. 'Elmer moved, seconded by Trustee Neal Jacobus and carried with no negative votes, that the Village Attorney be instructed to establish the feasibility of procuring an easement to all_ the construction of a temporary foot bridge over Tannery Brook at the south extension of Brooklea Drive _md that the Village Engineer be authorized to . submit proposed p•lanls.and.acost estimate in time for the October 20 Board " meeting.

A letter was received,from the League of Women Voters and read for information. The League announced thei,r appointment of Mrs. William T. Crocoll as obs_rrverto East Aurora Vi'llageBoard meet'ingsduring the 1969-70 year. Mayor Cain recognized Mrs. Crocoll for this fine civic service.

At 8:55 P. M., Trustee James W. Ford and Trustee Walter E. Nicoloff joined the meeting. 97 East Aurora, New York October 6, 1969.

- The matter of the reaction of the Town Board of the Tow8 of Aurora to the resolution of this Board adopted on September 29, 1969, relative tothe withdrawal by the Village of East AUrora from the joint To_m of Aurora - Village of East Aurora recreation program on.May 31, 1970 as to financial support and on December 31, 1969 as to operation and account control came on for consideration. Mayor J. Forrest Cain reported .that the Aurora Town Supervisor and Aurora Town Board indicated informally that the Town of Aurora is willing to take over the administration of a recreation program for the entire Town of Aurora including the Village of East Aurora as contemplated in the said resolution adopted September 29, 1969, but would like to have this Village withdraw from the present arrangement on May 31, 1970 as to both financial support and operation and account control. This amounts to a request that this Village retain the responsibility,for account control of the present joint recreation program until May 31, 1970.

After discussion it was moved by Trustee David P. Elmer and seconded by Trustee Robert B. Kelly that the following resolution be adopted:

WHEREAS, a copy of the resolution here mid above referred to was delivered to the Town Board of the Town of Aurora on September 29, 1969; and WHEREAS the Town Board of the Town of Aurora has responded thereto by requesting that the Village of East AUrora retain account control and operation control of the joint Town of Aurora"- .Villageof East • Aurora recreation program until May 31, 1970; and WHEREAS this Board desires to cooperate with the Town Board of the Town of Aurora in connection with this matter, NOW, THEREFORE, BE IT RESOLVED that the second last paragraph of the resolution of this Board.relative to the withdrawal of the Village of East Aurora from the joint Town and Village recreation program, which resolution was heretofore adopted by this Board on September 29, 1969, be amended to read as follows:

'_Belit'resolvedthat the Village of East Aurora Withdraw from the heretofore established arrangement with the Town of Aurora relative to the operation and account control of the said joint Town 6f Aurora - Vil_age of East Aurorarecreation program effective May 31, 1970"

Upon being put to a.vote this resolution was unanlmouslyjadopted.

Mayor Cain advised _hat a previously scheduled meeting with U. S. Soil Con-' servation officials on the matter of proposed Tannery Brook diversion has been re-scheduled for 8:00 P. M., October 13th at the Erie County Farm and Home Center.

The matter of the G_rard Avenue re-building project by the County of Erie came on for discussion_ Mr. Richard Grant, 290 Girard Avenue, speaking for a group of Girard Avenue residents, asked information on several matters including the proposed width of pavement, location of sidewalks, and possible tree damage. Mr. Gra_t then read a summary of answers to a questionnaire he had presented and distributed to all Girard Avenue residents. It was noted that 38 of the i00 property owners concerned had returned the questiormaire. Mayor Cain _dvised that there are 115 lots of record on Girard Avenue, of which 7 are owned by corporations, etc., leaving 108 residentially owned_

Mr. Richard b_gNr-i_,315 Girard Avenue, spoke against-the apparently pl_rmed 8 East Aurora, New York. October 6, 1969.

location of sidewalks on the edge of the right-of-way limits. f Mr. John Spooner, 395 Girard Avenue, advised the trustees •that a petition signed by 54 Girard Ayenue_property owners favoring a 36' street hadbeen submitted to the Erie County l_partment of-Public Works. • •

• , t .j_ ., Mrs. David•P. Elmer, 702 Bast Fillmore_Avenue, gave her opinion•that when all exits to _he Aurora Eipressway have bgen opened, the present Girard Avenue traffic will be greatly diminished. • :.

Mr. John Pagliaccio, 409 Girard Avenue, spoke in favor of a 36' pavement with a parking lane on each side.

Mr. Harold Durham, 340 Girard Avenue, suggested a 36' street east of Maple Street and a 28' street west of Maple.

Mr. Raymond Blackman,'139 Maple (corner of Girard Avenue), spoke against the widening of Girard Avenue to 36'.

Mr. Charles Grandey, 206 Girard Avenue (corner Girard and Hamlin), also suggested having a 36' pavement east of Maple and a somewhat more,marro_ pavement west of Maple.

Mr. Paul ()Isen,690 Girard Avenue, asked how a 36' pavement for Girard Avenue had been established, in answer to Mr_ Olsen, Trustee David P. Elmer explained his belief that a previous evaluation-of Girard Avenue recommended a 32' street embracing two 12' traffic lanes and one8' .parking lane.. Mr. Elmer alsocommented on how the 36' width had been determined......

There being no one further t9 speak/at 10:.03P. M., Mayor Cain declared the discussion at an end.

Trustee Jmnes W. Ford moved, seconded by Trustee Robert B. •Kelly, tJmt this Village Board of Trustees notify the County of Erie that it is the Board's desire that Girard Avenue be re-built to-a 36' width toldthat the sidewalks be placed at th6 outer edge of the 66' right-of-way.

Upon the question, Trustee Neal Jacobus gave his opinion that movement of power polls would demand trimming of certain trees. •Mr.Jacobus suggested that therefore the utilities involved should be asked to place their wires under ground. Mr. Jacobus als9 gave his opinion that in matters of this nature, community environ- ment should be considered. Mr. Jacobus prefers a 32' street.

Trustee Dflvi&P. Elmer repeated his-opinion that a 32' street is a-rational width. '

Upon a vote of record AYES NOES Mayor J. Forrest Cain T-_tee David P. Elmer Trustee james W. Ford TPustee Neal Jacobus Trustee Robert B. Kelly- Trustee Walter E. Nicoloff Trustee R_ond A. Smith.

The motion was declared"carried.

Mr. Kenneth Selby, representing the Photomat Corporation, asked the decision of the Village upon a building permit•application he had previously filed for a •drive-thru Photo Sales Unit in the Aurora Village Shopping Center. Village Engineer East AUrora_ New York October 6, 1969.

James R. O'Connor reported that such a use not being a permitted use by the Zoning , Ordinance, permission for the building permit is not recor_ended.

The Village Attorney, Walter W. Howitt, gave his opinion that the Aurora Village __ Shopping Center is in a "C" zone. The only permitted drive-in use in a "C" zone is a drive-in bank. To allow the permit requested by Photomat Corporation would require either a zoning change to "_' or an amendment to the Zoning Ordinance for use allowable in a "C" zone.

After very lengthy.discussion, Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Niceloff and carried with one negative vote, that the building pemit application by the Photomat Corporation be denied on the grounds that the requested .useof the Aurora Village Shopping Center parking lot as outlined in said application is not a permitted use in a "C" zone.

Trustee Robert B. Kelly moved, seconded by TrusteeWalter E. Nicoloff and unanimously carried that the subject of drive-in, drive-thru, etc. operations be reviewed by the Planning Cor_nisgionfor all zoning except "R" and that the Pl_nning Comission recommend possible up-dating amendments taking these new business uses into consideration.

Mr. Edward Kandefer, 210 Center Street, asked when the promised covered store drain on his property will be installed. The Village Engineer advised that the work will be started oh Wednesday, October 8th, weather permitting.

Trustee Robert B. Kelly asked for a ruling upon the validity of a notice received by himself and certain o_her residents for the construction of new sidewalks _ather than for the repair of existing._idewalks.. The Village Engineer advised that thebond resolution coqering the financingzfor this project specified "construction and re-construction" ofsidewalks.

Mr. Leo McDade, 243 Perry Street, advised that the sidewalk on Perry Street leads to the cemetery and is seldom used.

After lengthy discussion of the Perry Street situation, Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with two abstaining votes that the sidewalks be repaired and/or installed on the frilllength of Per_ Street.

Trustee James W. Ford suggested that when resolutions are made by the trustees requiring.notification to persons other than Boardmembers for.information or action, the person to be responsiSle for forwarding such information or instructions '[)eso named in the res61utlon.So agreed.- . • i. .... ,

Mayor Cain {ubmitted the Police and Dog Warden reports for the month of September. The reports were .ordered to.be filed.

Trustee Robert B. Kelly moved, seconded by TrusteeRaymond A. Smith and unanimously carried, that vouchers No. 415 "through No. "464 in the amount of $8,014.64 on the :General Fund, and_vouchers No. 92 through N o. 106 in the amount of $3,913.09 on the Water Fund, as audited by the Mayor and Trustees, be paid.

At 11:40 P. M., the Board entered Executive Session.

At IZ:05.A.M., October.7th, the:Board re-en_er4d r4gular session. 100 East Aurora,New York October 6, 1969." -

Trustee Walter E. ,Nicoloffmoved,seconded by Trustee RaymondA. S_Lithmid, unanimouslycarried.thatthis meeting recessat 12:06 A. M., October 7th until- 8:00 P. M., October 13th.

Hen7 A. Sherwodd. Village Clerk.

East Aurora, New York October. 13, 1969...,

Ni.nutes of the .recessed meeting.of October 6, 1969, of the Board of Trustees of the Village. Of East Aurora, New York, held.in_ the BoardlRocmat the Village Hall, corner of Main and Paine Streets, East Aurora, New York, reconvened at 9:55 P. M. October :1.3, 1969. .. There were p_esentr, the following: Messrs. Robert B. Keily ' put Mayor presidigg; DavidP. Elmer, James W. Ford, WalterE. Nicoloffland Raymond A. Smith, Trustees, comprising a quorum, of 2the_Board; .also Messrs .. Walter W. Howitt-,-.Village Attorney and Henry A. Sherwood, Village Clerk.

Absent were :Mayor 5.: Forrest. Cain and T_ustee. Real Jac0bus .....

Deputy Mayor Robert B. Kelly chaired the meeting in the "absence of Mayor J. Forrest Cain ......

Mr. Harvey Busch, representing Fisher:Price Toys, Inc., presented a building. pemit application, to demolish part of the existing Fisher. Price factory building on Girard Avenue and to replace said demolised stmcture,with a two-story facility. The new addition would occupy i5,000 square feet of floor area,(9,000) sq. ft. - first floor, and 6,000 sq.fet. - second floor). •. . i After di_cussi6n of the plot plan "and o'ther details of the proposed project, Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes .that .the information, as presented by Fisher Price Toys, Inc., be received and be submitted.to the Planning. Con_aission for early .action and that the Village2 Clerk be directed to so notify the Planning Conm_ission.

,. Tnistee Walter E. Nicoloff moved,, seconded by. Trustee Raymond A. Smith and carried with .no negative votes, that a Public Hearing on the m_itter of the application by Fisher-Price Toys, Inc., to allow the erection of an addition to their manufacturing facility on Girard Avenue be scheduled for 8:00 P. M., October 20th and 7the same.be.published in the October 16th edition of the official newspaper.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negativevotes that the Village Clerk be authorized to advise by mail the _ners of property.within 800' ofTthe Fisher-Rrice Toys, inc., plant on Girard Avenue of the scheduled hearing October 20th. _

The request of Thc_nas Kranz, 1529 i_1!, Road, to sponsor a peace march " October 15th, c_le on for discossion,

Trustee RaymondA. Smith moved, secondedby Trustee Walter.E. Nicoloff and carriedwith no negativevotes, that the request of 100 East Aurora,New York October 6, 1969." -

Trustee Walter E. ,Nicoloffmoved,seconded by Trustee RaymondA. S_Lithmid, unanimouslycarried.thatthis meeting recessat 12:06 A. M., October 7th until- 8:00 P. M., October 13th.

Hen7 A. Sherwodd. Village Clerk.

East Aurora, New York October. 13, 1969...,

Absent were :Mayor 5.: Forrest. Cain and T_ustee. Real Jac0bus .....

Deputy Mayor Robert B. Kelly chaired the meeting in the "absence of Mayor J. Forrest Cain ......

The request of Thc_nas Kranz, 1529 i_1!, Road, to sponsor a peace march " October 15th, c_le on for discossion,

Trustee RaymondA. Smith moved, secondedby Trustee Walter.E. Nicoloff and carriedwith no negativevotes, that the request of OATH O17 INSPECTORS OF ELECTION

STATE OF NEW YORK ) : SS: COUNTY OF ERIE )

WE, THE. UNDERSIGNED, having been designated to act as

Chairman, Inspectors of Election and Ballots Clerks for the purpose of

voting Upon the Proposition at the Special Village Election of the qualified

electors of the Village of East Auror0, in the County of Erie, New York, i_-, held at the Village Hall, East Aurora, New York, on OCTOBER 14,

_: 1969, at 12:00 o'clock NOON (D.S.T.), DO SOLEMNLY SWEAR that we

will support the Constitution of the United States and the Constitution of

the State of New York, and that we shall faithfully discharge the duties

of the offices of Chairman, •Inspectors of Election and Ballot Clerks

at said Special Village Election.

- Chairman " rj

// InspL_ectors of Election and Ballot Clerks

Subscribed and sworn to beta,re me ',-

this /_ day of OCTOBER, 1969.-: ..... -- __

4 S_ No_c, HENRY A. SHERWOOD Notary Public,State of New York Q :M:'i.,d in _r;-_ County - M" C. East Aurora, New York _¢_ October 13, 1969.

Thomas Kranz for a.permit to conduct a peace march October 15th be granted on the basis that said march be conducted on the sidewalks along Main Street and that the proposed musical program at the conclusion of the march not be held in the Circle as requested, being , . as the Village of East Aurora has no authority to authorize a public ' assembly in the state-_ned Circle nor to grant a permit for a parade on-a state highway.

The matter of an employee grievance came on for consideration. Discussion indicated that a bill of particulars in writing has not been received from the alleged agrieved employee. Under the procedures set forth in the contract with the QUaker Club Negotiating Unit, a similar statement must be obtained from the supervisor. In discussing the selection of an agent to obtain written statements, it was agreed, by consent, that Village Attorney Walter W. Howitt, act as said agent in this instance ....

A proposed amendment to Section 2, Chapter 7 of the General Ordinances received brief consideration. By.consent Village Attorney Walter W. Howitt will re-draft the proposed amendment for consideration of the trustees at the October 20th Board meeting.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that this meeting adjourn at 11:50 P. M.

--- Sherw6od, Village CleY_.

Special Village Election October 14, _1969.

Referend_n on approval of _$650,000.00 bond issue for water distribution improvements .and a 7_i,000,000gallon whter storage tank.

Upon the vote:

YES 222

NO 102 t Certification attached herewith. 102 •

•:;...... " " - i:"., 'l .."

.. . i;:

t - 9¸_ z ¸

CERTIFICATE OF INSPECTORS OF ELECTION J Village of East Aurora, in the County of Erie, New York

Canvass of Votes on Proposition at the Special ! Village Election held on OCTOBER 14, 1969.

WE, THE UNDERSIGNED, being the Chairman and the Election

Inspectors and Ballot Clerks, respectively, at the Special Village Election

of .the Village of East Aurora, in the County of Erie, New York, held at

the Village Hall, East Aurora, New York, between the hours of 12:00 f

o'clock NOON (E.S.T.) and 9:00 o'clock P.M.(E.S.T)on OCTOBER 14,

1969, at which there was voted the Proposition set forth or_ the ballot

label used at said Election, a true copy of which is annexed hereto and

made a part hereof, DO HEREBY CERTIFY that prior to said Election

we duly took and filed our oaths of office as required by law, and we

were otherwise duly qualified to act as Chairman, Election Inspectors

and Ballot Clerks, respectively, at such Special Village Election, that

at least three-quarters of an hour before the opening of the polls, the

keys for voting machines Nos. 91320 and 103169

were delivered to us in a sealed envelope, which envelope was not

opened until at least two Inspectors were present; that before opening

said envelope we examined the curtain levers of said machines and

! found them sealed against movement by a metal seal on which was

stamped the Nos. 457113 and 457112

____=._which numbers we also found written on the envelope in whid] the keys

were dehvered to us. V/e also foun_l tha't-the_-P--r-ote.ct_.%[eCo_unters

registered 018522 and 008456 'I

we examined the ballot labels on the face of each machine and found it

correctly placed thereon; we examined ever Counter in the machines and found

that each registered (000}; that we examined the Public Counters and found

that they registered (000); .that during the examination and until the opening

of the polls the machines remained locked and sealed against operation and no

Inspector or any other person touched the interior of the machines or any

other mechanism; that we conducted said Election on said day in all respects

in the manner prescribed by the Village Law; that the polls were opened

at i2;00 Noon (D.S.T.) on said day; that all qualified electors who

presented themselves at thepolls between 12:00 o'clock Noon ?,D.S.T.)

and 9:00 o'clockP.M. (D,S.T.} were permitted to vote; that at 9:00

o'clock P.M. (D.S.T.) the doors of said polling,plaee were closed and

only such qualified electors as were then within the poLling:#lace,vwere

permitted to vote thereafter; that a Poll List containing the names and

addresses of allpersons votingwas kept by us and that immediately upon

the close of the polls we found that the Protective Counters registered

018848 and 008456

that one Ir_spector under the scrutiny of another Inspector announced the vote

as shown by the Counters of each machine, and the same was written down

on the Certificates of Canvass by other Inspectors; that after the vote

was announced and written down, the Certificates of Canvass were compared

with the Counters in the machines and found to agree; that the total number

of votes as shown by the Public Counters was:- -b

326 On Machine No. 91320

000 On Machine No. i03j.69

On Machine NO.

On Machine No. l that the. official return of votes cast at the Special Village Election of the Village of East Aurora, New York, was as follows:

VOTE ON MACHINES

PR OP OSITION

Machine No. Yes No Blank Total

91320 222 102 2 326 ,

103169 000 000 0 000 ,

TOTA LS 222 102 2 326

WE HEREBY FURTHER CERTIFY that we completed such canvass without adjournment; that the Chairman publicly announced the result; that the said Election was held in an orderly manner and in all respects as provided by law, and that the only persons permitted to vote on the

Proposition submitted at said Election were the persons qualified to vote thereon pursuant to law.

IN WITNESS WHEREOF, we have hereunto subscribed our names

this 14th d_y of OCTOBER, 1969.

ti Ch_'irman /'/

-- Inspectors of Election /

CLERK'S CERTIFICATE

I, HENRY A. SHERWOOD, Village Clerk of the Village of

East Aurora, in the County of Erie, Sta'te of New York, HEREBY

CERTIFY that I have compared the annexed copy of a Certificate of

.Inspectors of Election as to the result of the voting at the Special I vihage Election held in said Village on OCTOBER 14, 1969, •with the

originaI thereof, which was filed with the Board of Trustees in my

. office as Village Clerk following said Sge cial Village Election and the

same is a true copy of said originaI Certifieate of Inspectors of

Election and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto, set my hand and

._ affixed the corporate seal of said

Village this 14th day of •OCTOBER, 1969.

' SEA L

• -< _ - .. e erk _'_- -2 SHALL the bond resolution f - ,4 _._titl.the Vi.a'g 1,_..'e" '_BeindCL_,".Res-olhtionEast Aurora o, f _New York, adopted Septem- ber 22, 1969, authorizing the partial reconstruction of and construction of additio_as to the Village owned and operated water system, in said Village, stating the estimated maximum cost thereof is $650,000, appropriating said amount therefor, and authorizing the issuance of $650,000 serial bands to finance said appropriation," BE AP- PROVED? An abstract of such resolution concisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING the Village of East Aurora ("Vil- lage"), to reconstruct, in part, and construct additions to the Village owned and operated water system, by construction of a storage tank on land heretofore acquired and now owned by the VSllage and reconstruction and installation of water mains in Village streets, in the Village, including hydrants, necessary connections and other appurtenances, land or rights in land and necessary original furnishings, equipment, machinery and apparatus, all in accordance with maps, plans and specifcations and estimates of cost prepared by Lozier Engi- neers, Inc., competent engineers, duly Hcensed by the State of New York, on file in the office of the Village Clerk of the Vil- lage; APPROVING said maps, plans and specifications and estimates; STATING the estimated maximum cost of said class of objects or p_, including preliminary costs and costs incidental thereto and the financing thereof, is $650,000; APPROPRIATING said amount therefor; STATING the plan of financing includes the issuance of said serial bonds and the levy and collection of a tax upon all the _axable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of $650,000 serial bonds of the Village to finance said appropriation; THIRD: DETERNIINING AND DECLARING that the period of probable usefulness of the class of objects or purposes for which the bonds authorized by this resolution are to be issued, is forty (40) years; that curreaat funds are not required to be provided as a down payment prior to the making of expenditures for a specific capital improvement from the 9roceeds of the bonds herein authorized or of any notes in anticipation of the sale of such bonds or from a fund into which such proceeds are paid, that the proposed maturity of the bonds authorized by this resolution will be in excess of five (5) years; FOURTH: DETERMINING that said bonds and any notes issued in anticipation of the bonds shall ha general obligations of the Village and pLEDG- ING. to their payment the faith and credit of the Village; ...... FIFTH: DELEGATING to- the Village Treasurer the powers and duties as to issuance of said bonds, and any bond anticipation notes, and renewals thereof; and SIXTH: DETERaMINING that a Proposition containing an abstract of the resolution shall be submitted for the approval or disapproval of the qualified voters of the Village at the Special Village Election to be held on OCTOBER 14, 1969, and that said resolution shall take effect upe_ approval of. the Proposition. -DATED: SEPTFAMBER 22, 1969 -- HENRY A- SHERWOOD, "9-1 Village Clerk r . _ East Aurora, New York October 20, 1969.

Minutes of the regular meeting of the Board of-Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday e_ening. October 20, 1969, at 8:00 P. M. o'clock. : _..: "h r " • , :. There were present the follawing: Messr. J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford; Neal dacobus, Robert B. Kelly, .Walter E. Nicoloff and Raymond A. Smith, Trustees comprising a quortnn of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'.Connor,Village Engineer and Henry A. SHerwood, Village Clerk.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and _manimously carried that the minutes of the October 6th meeting and also the meeting recessed until October 13th be approved as submitted and corrected.

At 8:15 P.M., Mayor J. Forrest Cain opened the public hearing on the matter of a building permit application by Fisher-Price Toys, Inc., to construct a two- story addition on their Girard Avenue site in place of a one-story section now being demolished..

Mr. Floyd F. Barber, 634 Girard Avenue, spoke in favor of the application.

Mr. Fenton Kilmer, 636 Girard Avenue, spoke in favor of' the application.

Mr. J. W. Bowen, 551 Girard Avenue, also spoke in favor.

Mr. Harvey Busch, representing Fisher-Price Toys, Inc., explained the proposed new project. The new building will be used primarily for .office space.

A camnunication was received from the Planning Commission as follows:

.. " October 20, 1969

Honorable J. Forrest Cain Village Board of Trustees East Aurora Village Hall 871 Main Street East Aurora, New York.

Gentlemen: ....

At their meeting o'£this evening, October 20, the Planning Cormnission reviewed the submitted plans of Fisher Price. These plans are conccerned with structural considerations which .are in this case not the concern of the Cccamissionbut the building inspector. "Site considerations such as open space, setback from Girard and traffic ingress and egress are the concern of the commission under Section 5.05 F (i) of the Zoning Ordinance. Under this section the Ordinance specifically states that a development _ . plan is to be submitted showing the extent, location, and character of proposed,structures and uses and that lot-lines as required on side and front yards are to be shown. This development plan has not been received by the Commission for its evaluation.

Further, the material as ,submitted to the Commission has -Eome. contra- dictory information wherein the perspective of the building indicates parking 104 East Aurora, New York October 20, 1969...

area in front of the building while a proposal,plan indicates that there will-be n6 parking within that area and that all parking will-remain as . it presently is. : "

Under the circtm_stances,the Planning Commission believes and recommends that Fisher Price comply with Section 5.05 F (i) of.the Zoning. Ordinance in its entirety and .thatit submits an adequate site plan claoifying-:theproposed green,area "in-front of the building; .openspace considerations and suggested parking (perspect-ivesketch). We believe tha_ :approval.should be pOStponed until the proper information is submitted to the Comission.

.. Very .truly yours., • % . - " '.- .: "- .. _ - Walter C. Zale Chairman." , - -"-

There being, nO one else to speak, Mayor gain+. declare the hearing, closed at 8:36 P.M.

Trustee RObert B. Kelly moved, seconded by '/TrusteeWalter E.: Nicoloff and carried with one negative vote, that the development plan..assubmitted .by*Fisher-Price Toys, Inc., be approved and the ." . _. bu_Iding.ihspect-orbe_-instrugt_d{_o_issue the building permit; also that"the Planning"Conmli-ssionbeihform_d by the':build_g inspectOr that the plot plan as submitted is deemed to be.sufficient. o Trustee David P. Elmer gave his minority 9pinion that the Fisher Price development plan-should •nothave been approved until a :reconsideration of.the plans and subsequent decision thereon is secured frcm the Planning.Commission.

Mrs. Gladys Henning, 656.Girard Avenue, asked to see the actual wording of the right-of-way across her property allowing the driveway access from Girard Avenue to the Fisher Price Research and Development Building. Mr. Busch agreed to supply this information.

A building pe_initapplication and plot plan was presented by.West Fillmore Properties, Inc., to allow construction of an office building on Main Street ir_nediatelyeast of Tannery Brook. The building will be used by the New York Telephone Company.

Discussion indicated that•the zoning of this area being "RC"'allows the con= struction of a building for such use. '' ." _ _"" i '_ Trustee Raymond A. Smith moved,'seconded by Trustee Walter .E. Nicoloff that the plot plan as submitted by West Fillmore Properties, ._ Inc. to.const1%ct an office building at 268-272 Main Street be accepted and approved 'and _hat the buglding ir_speCtorbe .authbrized to issue the requested building permit...... ,

Upon the question, Trustee David P. Elmer suggested that the builders be appraised of the fact that consider-atidnshould .be Riven-to :set:thegrade of the building slab.at a proper height in Order to guard against *possible Tanrn.ery . Brook flood damage. ..

Upon-the v6te "the motion was carried .wi'thone negative vote. • 10S East Aurora:, New York October 20, 1969.

Trus_ David P. Elmer gave his minority opinion,that the issuance of a : building permit without adequate knowledge of Tannery Brook flood control plans for the area is unwis'e.

A request by H. R_ Hunt Mot0rs, .Inc.i_to construct a collision shop 50' x 34' to the rear of their_presenf-structure on Hamburg 'Street came on for discussion. The area is zoned "(i_'. The intended use for the newbuilding is permitted use in a "(]vr'zone.

' After brief discussion Trustee Walter E.-Nicoloff moved, seconded by Trustee Robert B. Kelly mad unanimously carried that the building permit application of H. R. Hunt Motors, Inc., be accepted and approved and the building inspector be authorized to issue the building permit.

Trustee James W. Ford suggested that Hunt Motors becceneacquainted with the conditions of the Zoning Ordinance as regards the storage of inoperative motor vehicles (Page 363 of the Zoning Ordinance). The building inspector will so instruct Hunt Motors.

A request by Photcmat Corporation for a building permit for the installation of a drive-thru sales facility .in a "_' zone on.Grey Street.on property approximately 18' to the north of the present "Dutch Door" location was considered. The building wouldbe between 130'and140 Grey Street. -

The Village F_gineer expressed a hope that the Trustees Will requestconf0rmity for the building with surrounding existing structures architecture. The Village Attorney reminded the Trustees that'according to the Zoning Ordinance there is a requirement that a public hearing .be called before an application for a building in a "Ovr'zone is apprgved. _ . --

The representatives of Photomat Corporation agreed verbally to cover the face of the structure with suitable brick in.order to have it more generally conform to the other buildings-in the area. .i

Trustee Raymond A. Smith moved, 'secondedby Trustee Walter E. Nicoloff and unanimously carried that the building permit application by Photcmat Corporation be received and a public hearifigOn.the matter of issuing the building permit be scheduled for 8:00 P. M., November 3, 1969, and the same be advertised in the official newspaper.

The matter of a request by Mr. George G. McKnight, 85 Brooklea Drive, to have the Village _onstyuct a.foot bridge across Tannery Brook where said brook intersects the undedicated portion :ofBrooklea Drive came on for discussion. The Village Attorney cited the I/illageLaw as regards construction of sidewalks or footwalks and advised that a foot bridge would come under this category. The Attorney re- cormnendedthat this portion of Brooklea Drive become a dedicated street before the Village should actually attempt such construction.-

The Village Engineer estimated the cost of a proper foot bridge to be approximately $1,500.00. It was suggested that the Village Attorney notify Mr. McKnight of the approximate cost of the requested bridge and also the requirement that the Village has no authority to perform construction on anunofficial street. The Attorney should also confer with the property owner regarding an offer of dedication of the street to a full 60' width. So agreed.

Village ENgineer James R. O'Connor reported that a means is available to chemi- cally treat the Village water to reduce the rust problem. The chemical character- istics of the water would be changed by this method without affecting the quality 106 East Aurora, New..York October,.i0, .'1969.

or taste. The cost of treatment would be relatively small, although the annual quantity of chemicals necessary_will probably require,bidding.

After considerable discussion Trustee Walter E. Nicoloff mo#ed, seconde.d...byTrustee..RobertB..Kelly,._and.,unanim0uslycarriedthat the -. Engineer be authorized to.procure,the flecessary.materia!s-,andequip- . ment to begin the.s'uggested,operationas quickly'as_pOssible to reduce the rust problem iflthe Village water system.

T_tstee .David P. Elmer suggested that the Village :Kngineerpresent.to the Board a written.explanation of the process to be used. So "agreed.

'T_tee Walter E. Nicoloff offered the following resolution and moved its adoption: - "

..ITHE BOARDIOF_TRUSTEES.01_ "' THE VI.LLAGE OF EAST-' ' AURORA' ,.IN THE. COUNTY.OF .ERIE, NEW.YORK, HEREBY RESOLVES,AS. FOLLOWS:

Section i. The bond resolution of the Village of East Aurora, in the County of-Erie, New York, entitled:. -

'_'BofidRes61ution.of.theVillage .of East Aurora, New York, .adopted September 15,1969, authorizing the partial redonstruct_oflof and construction of additions to the "Village 0wned and operated water system, in said Village, .stating the estimated maximum cost there,pfis $650,000, _ppropriating said amoufittherefor,..and.authorizingthe,issuance.of 680,000 serial-bonds t o .finance said appropriation,"" ` ". • .

dulyad_ted by the Board of Trusiees on ihe.date therein referred.to, and as approved as a Proposition submitted to the qualified:electors of the •- Village at the Special,Village Election .duly called and.held.on OCTOBER 14_.1969_ has_now become-effective,i.,andthe.Village Clerk is hereby authorized and directed to cause said bond resolution to be.published, in full, in the '_-ZASTAURORAADVERTISER".,a newspaper published in East Aurora, New York, having a general circulation therein,and hereby.designated as the official newSpaper..ofthe Village..for-suchpublication,-together with a Notice in. substantially..theform,as presc,ribedby _ 81.00 of the Lo_il..Finance Law of the State of New York.

Section 2. This resolution shaii take effect in_nediately.

• -.The adoption of the foregoing. resolution was seconded by Trustee RobertS. Kelly. and. duly put.to a vote on roll call, which.resulted as f61!ows.: .. • -

" " AYES .. " NOES Mayor J. Forrest Cain Trustee David P. Elmer None .: . Trustee James W. Ford ._. , Trustee Neal Jacobfls ..Trustee R6bert B. Kelly Trustee Raymond A. Smith . , .,- _, Trustee.Walter E. Nicoloff

The resolution was declared unanimously adopted.

There followed,discussion of autho#izing Loziers. Engineers, Inc. ,. to prepare East Aurora, New York October 20, 1969. bidding specifications for the proposed water tank and improvements to the water distribution system as approved by the bond referendum of October 14, 1969.

Trustee Walter E. Nicoloff moved, seconded by Trustee.David P.Elmer and unanimously carried that the Village Engineer be authorized to:instruct Lozier Engineers, Inc.', to prepare specifications for bids for labor and materials necessary to install the water distribution system improvements and water tank on Center Street, said bids to be advertised in the November 20, 1969 issue of the official newspaper for receipt and opening December 8th and award of the contracts December•15th,

A letter was received and read fr@m W. T. Crocoll, Superintendent of Schools asking confirmation of the Village intent to supply water to the new high school building on Center Street at Sweet Road. ..

After general discussion, Trustee Walter E. Nicoloff moved the following resolution which was seconded by Trustee Robert B. Kelly:

WHEREAS this Board has heretofore by action taken on February 19, 1968 authorized Mayor Cain to write a letter to Aurora Free School District No. 1 Superintendent William T. Crocol! stating that this Village would cooperate with the said School District No. 1 by making municipal water available at the site of the proposed second storage tank in Center Street near Hubbard Road provided the same was constructed and connected to the Village Water System at the time said• Village water was required by the.said School District for its new high school, which letter was written by Mayor Cain under date of February 20, 1968; and • WHEREAS the said letter of February 20, 1968, also stated that the sanftary sewage from the said new high school would be accepted into the Village sanitary sewer system for treatment at the Village line in the Beech Road - Fairlawn Drive area; and WHEREAS the said letter Of February 20, 1968, was supplemented by a second letter from Mayor Cain to School Superintendent Crocoll dated January 15, 1969; and . WHEREAS this Board after reconsideration and withdrawal of an earlier bond resolution providing in part for the construction of the said new water tank and connecting line in Center Street, did on October 14, 1969, submit a modified bond resolution providing among other things for the construction of the said new water storage tank and connecting water lines in Center Street, which resolution was approved by a majority of the electors of the Village voting thereon at _he said election held on October 14, 1969; and WHEREAS the Superintendent of Schools of Aurora Union Free School District No. i, William T. Crocoll, has requested this Board • to confirm its earlier actions and positions relative to the furnishing of water and sanitary sewer services to the said Union Free School Distridt to serve the new high school presently being constructed in _Center Road at Sweet Road in the Town of Aurora,

NOW, THEREFORE, BE IT RESOLVED that•:

i. The .Village of East Aurora, having an adequate supply, will furnish up to 45,000 gallons of municipal water per.day to.the Union Free School District No. 1 for the exclusive use of the new high school being consti_cted at Center Road and Sweet Road, and the new BOCES school 108- EastAurora, New York October 20, 1959.

facility also to.be located in the same Center Road - Sweet Road•area as a _ub-custc_er. It is not anticipated that the said supply of water will be sufficient"to provide fire-flow reqfiirementsat the said school sites. • . •-• - 2. _e Village of East_Aurora Will furnish said mnnicipaTwater to the saidSchool District at a master meter"to be" located at the •site of the new Village storage rese#voir to be constructed in Center Road near.Hubbard Road. 3-.:That the installation of a water line to connect the new high school with the said master meter in the Village water system at.the said re_ervbi,rsite in Center Road shall be at no expense to the Village of East Aurora. 4. The Villageof East Aurora hereby grants pemission to the. sa:idSchool District to construct'a pun_p"station:.to increase the water pressure in the skid water line connecting .to the new high school, at a

place on the side of the said new Center Road storage• ". o reservoir to be design-atedb)i the Village'Engineer. ""- 5. That the'foregoingpermissions and offers of services are subject to the .approval of the New York State Water Resources Commission and the approval of the Village Engineer. ,. 6..-That this Village will accept sanitary sewage fr_n the said new high schbol and the proposed adjacent BOCES school facility only for treatment in the Village sewer plant, the said sanitary sewage tO be de:- ..liveredby pipe at no expense to the Village .of East •AUrora,.to the.manhole . in the Villag_ sanitary sewer system in Fairlawn Drive nearest Beech Road in the said Village of East Aurora. . 7.. The foregoing provisions of this resolution confirm that the said water se'rvicesand the said sanitary sewer services are made available to the said high school and BOCES school installation only and are not made available to properties .throughwhich connecting pipe lines, etc., may pass between the said school sites and the designated water and sanitary sewer cohnecting points.

Upon a vote the motion was carried.

The matter _of an alleged grievance to a police patrolman regarding a change of shift to allow attendance at a.grand jury hearing was given careful consideration . A written statement by the patrolman and a written statement by the Chief of Police was available for s-tudy. _

After considerable discussion Trustee James W. Ford suggested that a cu_Lmdttee of agents of the B0afd meet wfth..the Quaker Cl.ub Comnittee :0n:this matter. By agreement Trustees Nicoloff, -Ford and Kelly will act as the Village Board Committee representatives and will meet with the Quaker Club Conm[ittee.onThursday,-October 24th in an effort to•settle the.grievance. -i'. " . Trustee JaMes W. Ford read a letter from Mr. David-Stephans, •304Cazenovia, regarding the necessary removal of four dead elm trees on said property.. After discussion it was indicated that one of the trees is partially in the Village right-of-way and can be ordered to be removed at Village expense. The remaining three trees, being on private.property, the removal.of same should be the responsibility of property owner. Mr. Ford will so advise Mr. Stephans.

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and unanimously.carried that a request by the Aurora Republican Conmittee to use a soundtruck in a motorcade on November i, 1969/betwee,n the • iO9 /E_t Aurora, New York< Oct_er 20, 1969.

hours of 9:00 A. M..and i:00 P. M. be approved and the Mayor be authorized to issue the necessary permit'.

Trustee David P. Elmer moved, :{econdedby Trustee Walter E. Nicoloff and unanimously carried that the joint Town-Village recreation .budget be increased by the amount of $170.00 due to the receipt of same for a restitution of damage payment from the Erie .County Probation Department and that account A-200-400A be increased accordingly.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A'.Smith and unanimously carried that $9.97,being an over-payment of the 1969-1970 Village taxes, be refunded to Mr. Keith Herbst, 120 Elrm_oodAvenue, #204-430.

Trustee Robert B_ Kelly moved, seconded by Trustee Raymond A. Smith and unanimously carried, that vouchers No. 465 through No.513 in the amount of $24,043.33 on the General Fund, and vouchers No. 107 through No. 115 in the amount of $18,319.26 on the Water Pufid,as audited by the Mayor and Trustees, be paid. "

Trustee Neal Jacobus raoved, seconded by Trustee James W. Ford and unani- . mously carried that this meeting adjourn at 11:55 P. M.

fi_enryT. Sh-er_o6d,V211age CI_

East Aurora, New'York November 3, 1969.

Minutes of the regular meeting of the Board of Trustees of the Viilage of East Aurora, NewYork, held in the Board Room at the Village Hall, corner of Main and Paine Streets,•East Aurora, New York, on Monday evening, November 3," 1969, at 8:00 P. M., otclock. ..

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, James W..Ford_ Neal Jacobus, Robert B. Kelly, Waiter E. Nicoloff and Raymond A. Smith, Trustees comprising a quorum of the Board; also Messrs. Walter W. Howitt, Vil.lageAttorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the October 20th Board • meeting be approved as submitted ....

At 8:15 P. M. Mayor J. Forrest Cain declared open the matter of a building pen_it application by Photc_aatCorporation to.erect a film processing sales outlet between 130 - 140 Grey Street. The Village Clerk read the notice of hearing for the record.

The Village Engineer stated that Photomat Corporation has agreed to install a brick veneer exterior,and also install shake shingles on the roof in an ;effort"' to comply in general with the architecture of surrounding buildings.

Mr. Roger Peters, •representingPhotomat Corporation_ presented [olor photos of an existing installation as planned for East Aurora. It was established that • iO9 /E_t Aurora, New York< Oct_er 20, 1969.

hours of 9:00 A. M..and i:00 P. M. be approved and the Mayor be authorized to issue the necessary permit'.

Trustee Neal Jacobus raoved, seconded by Trustee James W. Ford and unani- . mously carried that this meeting adjourn at 11:55 P. M.

fi_enryT. Sh-er_o6d,V211age CI_

East Aurora, New'York November 3, 1969.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the October 20th Board • meeting be approved as submitted ....

Mr. Roger Peters, •representingPhotomat Corporation_ presented [olor photos of an existing installation as planned for East Aurora. It was established that lJ_O

East Aurora, New York November 3, 1969.

Photcmat Corporation has a lease agreement for the proposed location executed • by Photomat Corporation and AUrora Expressways, Inc., owners of the property. It was also established that the proposed use-is an approved use for the "Gv_' zoning of the area.. ¢

Upon question of Trustee James W. Ford regarding the planned use of signs Mr. Peters advised that signsas illustratedon another photo presented would be used.

Mr. Waiter .Fhilips, manager of Grants in the Aurora Village Shopping Center asked if public or private toilets must be required according to the New York State Labor Laws. The Village Engineer advised that the e_loy Of less than four persons does not require prOviding toilet facilities.

There being no one further to speak, Mayor Cain declared the hearing closed at 8:34 l?.M.

Trustee Ja_es W..Fo.rdmoved, ,seconded by Trustee Raymond A. Smith and unanimously carried that the building permit application of Photomat Corporation be granted and that the building inspector be authorized to issue a building permit contingent upon the receipt, in w_iting, of a statement that the actual structure will be in accordance With the photographs submitted.

The':matteTof,a sSgn application for the Photcmat Corporation structure : was next considered.

Trustee Ne_l 2acobus moved, seconded byTrustee James W. Ford and carried with one negative vote that the submitted sketches of signs for the Photomat building being in order, the requested permit for same be granted.

Attorney Walter .W. Howitt reported that since the last Board meeting there has been no further development nor communication concerning the foot bridge .over Tannery Brook at Brooklea Drive as requested by Mr. George McKnight.

Mr. Jack Twin_, 14 North Willow, .asked clarification of the term '_uffer zone" as referred to in the Zoning Ordinance _pecifically as it applies to the 40' buffer zone in the north end of the Shell Oil'Service Station property on the northeast corner of Main Street and North Willow Street.

After considerable discussion Trustee David P. Elmer and Trustee Walter E. Nicoloff both suggested that the special development plan"for the Shell Oil Service Station be researched andreviewed in an •effortto determine the exact status of 1_he40' buffer zone. By agreement, Village Attorney Walter W. Howitt will advise Mr. Twinam of the results of this investigation.

Mr. Ralph Dona, Chairman of the Safety Committee, reported upon said Comittee's study of receht traffic counts by the County•of Erie Highway Department. Said counts were made on Bowen Road, Girdle Road andMaple.Road since the opening of the Aurora Expressway at the Jamison Road exit. As a result of the study, the Safety Committee recommends the Village Board support a resolution to ask the New York State Depart- ment of Transportation to open the Maple Road entrance-exit of the Expressway immediately. The Safety C0mmittee believes that the_opening of the Maple Road entrance-exit will create a more safe atmosphere "for the Village traffic use on Bowen Road and Maple F_ad. 1II!

East Aurora, New York November 3, 1969.

Trustee Robert B. Kelly expressed his opinion that the Village should support the Safety Canmittee recommendations.

After further discussion Trustee James W. Ford moved, seconded by Trustee David P. Elmer and unanimously carried that the Village Board thank the Safety Cormnitteefor submitting a fir_ traffic study report and that the matter be considered at the November-17th Board meeting.

There was a discussion of a request by Griggs & Ball: Co., for a temporary .permit to allow OakgYove Construction Company to use Griggs & Ball owned property at Girard Avenue and Riley Street for storage of construction equipment, supplies and persona% parking .whilethe re-construction of Girard_Avenue is being acccmplished. It was established that a permit for temporary parking, which was part of the requesl;,requSred a public hearing before such permit may be issued.

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and unanimously carried that a public hearing be scheduled for 8:00 P. M., November i0, 1969,.on the matter of a request by Griggs & Ball Co. for a temporary parking permit for •theirproperty at Girard Avenue and Riley Street.

A request by Dates Laundry, 586 Main Street. for a permit )toerect a new sign on their store front•was presented and considered. It was noted that the letters on the.proposed sign exceed the dimensions recommended in the proposed .' sign ordinance.

Trustee James-W. •Ford moved, seconded by Trustee Robert B. Kelly _and unanimously carried, that the request of Dates Laundry for the erection of a new sign be denied on the b*asisthat said sign is not in conformance w_th dimensions of signs previously approved on other business structures.

_rustee James W. Fo_d moved, seconded by Trustee .David P. Elmer and unanimously carried that the proposed sign ordinance be re-presented to the Planning Commission for consideration with the request that the same be returned to •thisBoard by February 16, 1970 for Board action.

Mayon J. Forrest Cain explained a movement asking -theNew York State legls- lators to allow aut_natic renewal of_'over65" tax exemptions rather than require annual renewals as now mandated.

After discussion Trustee Walter E. Nidoloff move_l,seconded by Trustee Robert B. Kelly and unanimously carried that this Village Board through Mayor Cain inform our legislators in Albany of the Board's desire to have the law require annual renewal of real property tax exemptions for certain persons over 65 amended to provide automatic renewal provided the#e is no change on income specifiCations.

Thematter of a draft of alproposed amendment to Section 2 of Chapter 7 of the General Ordinances came on for discussion.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer that the cl_k be authorized to publish an announcement of public hearing November 17 , 1969,-on the matter of amending'Section'2 Of Chapter 7 of , •_ the General Ordinances as follows: 112 - East Aurora) New York November 3, 1969....

Chapter 7

' WATERWAYS "'

Section I.. Rubbish *************

Sect_on"2." Structures. NO person shail build, construct, install or lay in .gr over Tanner_ Brook or Cazenovia Creek )_ithin.the Village of East Aurora, any bridge "or similar structure of any kind, including logs, poles, beams or timbers to serve as bridges over such brook or.creek, without first obtaining a .permit.therefor from the Board of Trustees. "

Section 3. Drams_d obstructions. No person shall build, construct,. instal'lor lay in or acrogs Tannery "Brook or Cazenovia Cyeek within the . Village of East Aurora, any dsTn,wezr, wall, water pzpe, sewer pzpe,. utility conduit or obstruction of any kind which shall interfere with the natural watercourse of said brook or creek, without first obtaining a permit. therefor from the Board of Trustees. .. ._ ......

_ Section 4.- Covering channel. No person shall_enclose all or any part of the channel of Tannery.Bro0k or Cazenovia Creek'in the Village of East Aurora by covering the same or installing a pipe, culvert, flume, conduit or any other enclosed structure in the said brook or creek, without first obtaining,a per_t therefor from. t_e 'Board of Trustees...._" : ".." Section 5. Grounds for refusal of permit. The B0ard of T_-usteesshall not issue a permit for the installation, construction, laying or building of any.structure, dam, obstruction or enclosed channel as referred to in sections 2,.3 and.4 of this chapter if the said structure, dam, obstruction or enclosed channel would result in damage to .__he:heaithand safety of . _ the inhabitants of the Village of East Aurora or in damage to the property of the said inhabitants]_ The Board of Trustees in _6nsfderi_g an'application for such a permit shall consider among other pertinent factors, 'the high water mark of the stream at the site of the proposed structure, dam, obstruction 6r enclosed channel, the erosion of the .banks or walls of the said stream, the proximity.qf residential and other buildings ito the said site and the general welfare, health and safety of the residents of the Villag'eof East Aurora. The granting of any such permit shall not impose any liability,or place any responsibility on the Village of East Aurora for any injury or damage cuused by any'permitted structure, ._lhm_.obstructionor enclosed channel.

Upon the question Trustee Robert B. Kelly suggested that this subject be removed from the General Ordinances and that a local law be enacted in its place.

Upon a._oteof record: . , ...... AYES ,. NOES Trustee David P. Elmer Mayor J. ForreSt Cain .. Trustee Jmnes W. Ford Trustee Robert B. Kelly - Trustee Neal Jacobus .. Trustee Waiter E. Nicoloff Trustee P_ymond A. Smith.

The motion was declared defeated.

Trustee Robert B. Kelly _oved, secondedby Trustee Ra_ond A. Smith and unanimously carried that $1.51 be refunded to Ippolito Sons 'ConStruction. Company for over-payment of 1969-70 Village taxes on vacant lots #'s 202-451-210, 202-_i-220, 202-451-230, also that a $7.00 water over-payment be refunded " • East -Aurora,New York November 3, 1969

toRosemary Colvin, 55 Kelver Court.

• Trustee Walter E. _qlcoloffmoved, •seconded by Trustee Robert B. Kelly and Ualanimousiycarried that members of the Planning Con_nissionand members of the Village Board; as their schedules allow, be authorized to attend a regional planning seminar in Amherst November"13, 1969, with expenses to be reimbursed according•to Section 77-B of the General Municipal Law.

The offer of H. R. H_mt Motor Corporation to replace the 1969 Ford station wagon currently being used by the East Aurora Fire Department with a 1970 Ford • station wagon was accepted by the Board of Trustees with gratitude. It was noted that this offer and its acceptance are subject to the.terms and conditions contained in the latter from H. R. Hunt to this Board dated December 3, 1962,'_aid letter being on file in the office of the Village Clerk.

Trustee Robert B. Kelly moved, seconded by Trustee Waiter E. Nicoloff and unanimously carried that vouchers No. 514 through No. 556 in the amount of $28,587.00 on the General Fund, and vouchers No. 116 through No. 124 in the amount of $3,927.94 on the.Water Fund, as audited by the Mayor and Trustees, be paid.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. NicSloff and unanimously carr_iedfl_atthismeeting recess at 11:30 P. M. ,.until 8:00 P.M. November i0, 1969.

• She oodVi ,la

East Aurora, New York • November I0, 1969.

Minutes of the recessed meeting of November 3, 1969, of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main a_¢_Paine Streets, East Aurora, New York reconvened.at 8:00 P. M. o'clock Novembe_ i0, 1969.

There were present, the following: Messr. J. Forrest Cain, Mayor presiding: David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees comprising a quor_n of th6 Board; also Messrs. James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

"At 8:12 P. M., Mayor J. Forrest Cain declared open the publ_c hearing on a petition by Griggs & Ball Co., for permission to 'allow Oakgrovo Construction Company to use.certain Griggs & Ball _¢ned propertyat the southwest corner of Girard Avenue and Riley Street for employee parking and equipment storage for the duration of the Girard Avenue re-building project.. No citizens appeared to speak.

It was established that consideration of"the request should be made under the provisions of Section 6:01 A-3d of the Zoning Ordinance. It was next established that the area is zoned '_4P".

Mayor Cain closed the hearingat 9:50 P. M.

After considerab,lediscussion Trustee Raymond A. Smith moved, seconded

i • East -Aurora,New York November 3, 1969

toRosemary Colvin, 55 Kelver Court.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. NicSloff and unanimously carr_iedfl_atthismeeting recess at 11:30 P. M. ,.until 8:00 P.M. November i0, 1969.

• She oodVi ,la

East Aurora, New York • November I0, 1969.

It was established that consideration of"the request should be made under the provisions of Section 6:01 A-3d of the Zoning Ordinance. It was next established that the area is zoned '_4P".

Mayor Cain closed the hearingat 9:50 P. M.

After considerab,lediscussion Trustee Raymond A. Smith moved, seconded

i 1i4 East Aurora, New York November 10, 1969.

by Trustee Robe:_cB. Kelly and carried with two negative votes that the parking and equipment storage permit be granted Griggs & Ball Co. to use their property on the southwest corner of Girard_Avenue and Riley Street providing the lighting be screened from adjacent residential property and that.suitable dust andmud protection be practiced, also that said pemit be reviewed on or about June I, 1970, and that the . building inspector as enforcing officer be authorized to issue said permit.

Trustee David P. Elmer gave his minority opinion that the Village Board should be consistent with its own ordinance being as an improper procedure was used in advertising the public,meeting. •Mr, Elmer hoted that any•use in an '_P"•zone required the submission of a special development plan and referral tO the Planning Comaission before Board consideration is given.

The matter of intent .of:the Village of East Aurora to offer to purchase•or not to purchase the old Mobil Service Station property:, 35 Buffalo Ro_d, was considered. During the discussion it was found that:

i. Village acquisition of the property could make possible an improved traffic flow on Buffalo Road into and out of Grey Street by using said property for highway,purposes .... :

2. The "701" Committee"has unofficially at this point redanmended such use.

3. •It is in the public interest to acquire the said property.

After considerable discussion Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith that the Village of East Aurora immediately demand demolition of the existing _structure on the old Mob:ilService Station property and that Mayor J. Forrest Cain•be directed to so notify the Mobil Oil Corporation.

Upon a vote of record:' AYES ' NOES Mayor _T--ForrestCain Tr(mtee James W. Ford Trustee David P. Elmer Trustee Walter E. Nicoloff Trustee Robert B. Kelly Trustee Raymond A. smith.

The motion was declared carried.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and unanim6usly carried that Mayor Cain be instructedto ask the Planning CO_Lission and the Safety Committee to provide thls.Board with recc_men- dations for street alignment in'the Grey Street-Knox Road-and Willink Circle area'and that said committees report their reconmendationsto this Board by December 15, 1969.

At this point Trustee Neal Jacobus joined the meeting.

Trustee Robert B" Kelly moved, seconded 'by Trustee James 'W. Ford and unanimously carried that the bond resolution re the Carini pro- perry and Village Hall parking lot be approved. Village to cOnstruct a public - _ ,, "" wpaalrks,kingcur area,bs gut includingters drainag side-e , •'.. • landscaping, grading and improving the rights of way and VILLAGE OF EAST AURORA, improvements in connection NEW YORK therewith, on said site; STAT- PLF..ASE TAKE NOTICE that ING the estimated maximum cost of said specific object or on Novern,her 10, 1969, the purpose, is $5,000.00; APPRO- Board of Trtmtees of the Village PRIATING said amount thereof East Aurora, in the County for, including the appropriation boofnd Erie, resol Newuticm York, emtitled: adopted the of $250.00 c;Jrront funds to provide the required down pay- "Bond l_,esolution of the Vii. ment; STATING the plan of lage of East Aurora, New York, financing is the use of sa,id cur- adopted November 10, 1969, rent funds, the issuance of (1) approving the acquisition of $4,750.00 serial bonds to finance certain pieces or parcels of land the balance of said appropria. on Main Street, in said Village, tion and the levy of a tax on as the site of a public parking all the taxable real property area, at an estimated maximum within the Village to pay the cost of $26,000.00, appropriating principal of sa,id bonds and in- said amount therefor, including . terest thereon and AUTHORIZ- $1,300.00 current funds to pro- ING the issuance of $4,750,00 vide the down payment and serial bonds pursuant to the authorizing the issuance of Law to finance the balance of $24,700.00 serial bonds to said appropriation ,not provided finance the balance of said ap- by said current funds; propriation and (2) authorizing THIRD: DETERffVlINING AND the construction on said site of STATING that the estimated a public parking area at an total cost of acquiring sa_d land estimated maximum cost of as the site of and constructing $5,000.00, appropriating said thereon, said parking area, is amount therefor, including --- -$31,000.0_; that- the _period..of $250.00 current funds to pro- probable.usefulnees of acquiring vide the down payment and au- said land, is thirty (30) years; thorizing t h e issuance of that the period of probable use- $4,750.00 serial bonds to finance fulness of constructing said park- the balance of said appropria- ing area, is ten (10) years; that tion and (3) stating the estimat- the proposed maturity of the ed total cost of said acquisition bonds will exceed five (5) years and construction is $31,000.00, and that such current funds are available in the budget of the an abstract of which resolution, Village for the 1969-1970 fiscal concisely stating the purpose year under the heading. "Con- and effect thereof, is as follows: tingancy Account;" DIRECTING FIRST: AUTHORIZING the the Village Treasurer to set Village of East Aurora ("Vii. aside said current funds and lage"), to acquire by purchase apply the same solely to said or condemnation the certain specific objects or purposes; pieces or parcels of land in the F O U R TH: DETERMINING Village, situate on Main Street that said bonds and any bond and adjacent to and east of the 'anticipation notes issued in an- Village Hall. being street num- t_cipatian of said bonds shall ber 583 _Vlain Street, as the site be general obligations of the Vii- of a public parking area; STAT- lage and PLEDGING to their ING the estimated maximum payment the faith and credit of cost of said specific object or the Village; purpose, is $26,000,00; APPRO- FIFTH: DELEGATING to the PRIATING said amount there- Village Treasurer the powers forof , $1in,3cludin00.00g ctheurrenatppro fundpriations to oandf saiduties bonds as andto athn_e¢ bondissuanc an-e provide the required-down pay. tieipation notes issued in antiei- meat; STATING the plan of pation of said bonds, or the re- financing is the use of said cur- newais thereof; and rent funds, the dssuance of SIXTH: DETERMINING that $24,700.00 serial bonds to the resolution shall take effect finance the balance of said ap- thirty (30) days after its adop- propriation and the levy of a tion unleas within the thirty tax upon all the taxable real (30) days a petition shall be- property within the Village to filed dn accordance with Article pay the principal of said bonds 5-A of "the Village Law, pro- and interest thereon and AU- _ testing against the resolution $24,700.00 serial bonds pursuant to the electors for their approv- to the Local Finance Law al or disapproval. ("Law") to finance the balance . DATED: November I0, 1969 of said appropHatinn not pro- HENRY A. sHERWOOD, Clerk THORIvided ZbyING said thecurren istsuancefunds; of I an16-d1 requesting it beVillage submitted

I 116 JJ . i

East Aurora, New York November 10' 1969.

Trustee James W. Ford moved, seconded by Trustee Robert B. Kelly and unanimously carried that the Village Clerk be directed to publish said bond resolution.

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and unanimously carried that the contract for dog control service by Robert Bove for the period September i, 1969 - November 30, 1969, be approved on the s_ae basis as the previous contract.

Trustee Raymond A. Smith suggested that the maple trees planted on Main Street several years ago by the Rotary Club be tri_ed to assure proper growing shape, So agreed. The Village Engineer advised that this work will be accomplished in the spring of 1970.

The matter of an application to.state and federal agencies for financial assistance to cause takediversion.of Tannery Brook.in an effort to alleviate possible flood d_nage downstream was considered.. Trustee James W. Ford discussed actions accomplished to date and suggested that Mayor Cain be.authorized to sign an application under PL 566 requesting the creation of a Water Shed Benefit District.

Trustee James W:_ Ford moved, seconded by Trustee David_P. Elmer and unanimously carried that Mayor.Cain be authorized to sign an application for assistance under Public Law 566 and the same be forwarded to the Erie County Legislature through the proper channels for approval, after which said application will be forwarded to the U. S. Soil Conservation Department and the Water.Resources Commission for consideration.

Trustee James W. Ford discussed his investigation of the probable costs and necessary actions to have installed a proper culvert through_or under the Aurora Expressway as part of the Tannery Brook diversion project referred to above." Mr. Ford will continue this investigation and keep the Board informed.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and unanimously carried that an amount of $i00.00 be transferred from Contingent account A290-4_°to cover the costs of preparing applications •for the proposed Tannery Brook flood control project under P.L. 566

The dog control report, police report and fire alarm report for the month of October were submitted by the Mayor and ordered to be filed in the usual manner.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. SMith and unanimously carried that this meeting adjourn at 11:05 P. M.

Hen# 7' A5 Sh4_ood, Village Clerk/

East Aurora,. New York November 17, 1969.

Minutes of the regular meeting off the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora; New York, on Monday evening, November 17, 1969, at 8:00 P. M. 116 JJ . i

East Aurora, New York November 10' 1969.

Trustee James W. Ford moved, seconded by Trustee Robert B. Kelly and unanimously carried that the Village Clerk be directed to publish said bond resolution.

The dog control report, police report and fire alarm report for the month of October were submitted by the Mayor and ordered to be filed in the usual manner.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. SMith and unanimously carried that this meeting adjourn at 11:05 P. M.

Hen# 7' A5 Sh4_ood, Village Clerk/

East Aurora,. New York November 17, 1969.

There were present, the following: Messrs, J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal-Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R..O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Trustee Neal Jacobus moved, seconded by Trustee Raymond A."Smith and unanimously carried that the minutes of the November 3rd regular Board meeting and _therecessed meeting of-November 10th be approved as submitted. "

The Village Engineer James R. O'Connor submitted a proposed plan to improve the lighting in Hamlin Park. The plan was developed by the New York State Electric & Gas Company after tests of illtmkinationandafter consultation with the Village Engineer and representatives of.the Recreation Ccmnission'. The proposed plan, using overhead wiring installed and maintained by the Electric Company, would cost $940.00 annually-as against the present cost of $525.00. Underground wiring would cost $1,700.00 annually. Should the Village desire to install its own underground wiring and supply the lighting standards, the cost would approximate $9,000.00 with the power charge, only, being on an annual basis. It was noted that illk_ninationof the tennis courts is not included in the proposed plan.

After discussion of various aspects, decision was made to allow the Lighting Conmittee to confer further with the Recreation Corsnissionrepresentatives before Board action is taken. By consent, the matter will be reconsidered at the December i, 1969 Board meeting.

The matter of"considering.a reconmendation by the Safety Committee asking the Village Board to support action to open the Maple Street entrance-exit of the Aurora Expressway as soon as possible, came on for discussion..Mayor Cain advised that certain persons in-the Maple Road Association formerly opposed, are now in favor of such opening. As of today, the Governor and the Conmkissionerof the State Department of Transportation have ordered the immediate opening of the Expressway to MapleStreet. This means the Maple Street entrance-exit will be opened,a_ quickly as all the proper traffic and directional signs have been erected. Mayor Cain further advised that no heavy truck traffic iwill b_ allowed to traverse Maple Street.

After further discussion, Trustee James W. Ford moved, seconded : by Trustee Robert B. Kelly and unanimously carried that this Board ' support the action of the Governor in ordering the opening of the ; Expressway to Maple Street and that proper appreciation be tendered the Safety Committee for submitting,a fine'report, also that Mayor Cain be authorized to notify the New .York State Department of Trans- portation and the-Village Safety Con_nitteeof this action.

Mr. L. W_ Miller, President of Dates Laundry, appeared to ask.reconsideration of the sign permit petition for the Dates building at 586 Main Street. The sign permit was denied by this Board at the November 10th meeting by reason of non- conformance according to the proposed sign ordinance.

There followed considerable discussion of the requested sign, after which Trustee James W. Ford moved,'seconded by Trustee Raymond A. Smith and unanimously carried that after reconsideration, the sign permit application by Dates Laundry be denied, thus ratifying %he original • permit denial. 118

East Aurora, New York November17, 1969.

Trustee Robert B. Kelly introduced a discussion relative to the necessity for continuing in effect certain resolutions by this Board on June 7, 1965 and September 27, 1965, respectively, requiring the Village BfiildingInspector to refer certain applications for building permits to this Board.

Following an extensive discussion, the following resolution was moved by Trustee Robert B. Kelly and seconded by Trustee Raymond A. Smith:

RESOLUTION

WHEREAS, certain resolutions were heretofore adopted by this Board on June 7, 1965 and September 27, 1965, respectively, requiring the Village Building Inspector to refer any applications for building permits• relating to any districts other than the "R - singlec family residence" district to this Board; and WHEREAS, tim special dirc_nstances under which the aforesaid resolutions were adopted have at least in part been corrected NOW, THERENDRE, BE IT RESOLVED, that the said resoluti'6nsof this Board adopted June 7. 1965and September 27, 1965, respectively,•requiring the Village Building Inspector to refer any applications•for building permits relating-to any districts other than the "R- single family residence" district to the Village Board of Trustees, be, and they hereby are, rescinded, telminated and revoked.

Upon being put to a vote of record, the foregoing resolution was adopted:

AYES NOES .Mayor _7.Forrest Cain T-_tee David P. Elmer Trustee James W. Ford Trustee Neal Jacobus rrpstee Robert B, Kelly Trustee Walter E, Nicoloff .. Trustee Ra)qngndA. Smith

The dog.control contract for the period 12/1/69 - 2/28/70, came on for consideration. Itwas noted that the rate for control service is raised from $2.00 '. to $2.50 per hour for reason that new state regulations regarding the keeping of animals justify such increase.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that the Dog Control Contract with Robert Bove for the period. 12/i/69 - 2/28/70, be approved as presented and that Mayor Cain be authorized to sign said contract.

Trustee Wal'terE. Nicbloff read a.letter from"Dr. Clement referring to a leak in the meter"pit at the start of his private water l'ine. Dr. Clement asks consideration of adjusting the $i056.16 water bill resulting." After discussion of the circumstances involved, it was suggested that an adjustment be made on the basis of .monthly.average constmrption.

Trustee Walter E. Nicoloff moved, seconded by Trustee Robert B. Kelly and unanimously carried that the November ist bill of Dr. Clement, Master Meter, be adjusted by reflecting the annual.monthly average, said bill to be changed from $1056.16 to $237.24.

Trustee Robert B. "Kellyadvised that he.has a request from _fmajority of the residents on Perry Street to have the street lighting modified by the addition of 119 East Aurora, N4w York November 17, 1969.

three light standards. The added cost of this change would be $30.00 annually. After discussion, the improvement•was approved by "consent•.

Trustee David P. Elmer suggested that specific benefit districts be established in the area of Tannery Brook to partially defray"the expense of any flood control construction that might be undertaken within the Village. The Village,Attorney advised that property owners involved could be so assessed. The matter will be considered further at the December ist Board-meeting.

Trustee J_es W_ Ford reported that•the District Soil Conservation Board has acted favorably on the Village application for Tannery Brook flood control assistance U_der Public Law 566. The application will now be forwarded to other agencies involved for consideration.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that vouchers No. 557 through No. 623in the amount of $22,698.40 on the General.FLmd, and vouchers NO_ 125 through No. 13S in the amount of $5,044.•67on the Water Fund, as audited by the Mayor and Trustees, be paid.

Trustee Robert B. Kelly moved/seconded by Trustee Walter E. Nicoloff and unanimously carried, that this meeting adjourn at 11:06 P. M.

_l'enry ;/. Sher_o'od, Village Cl"e-r-k. / East Auora, New York : December 1, 1969.

Minutes of the regular meeting of the Board of ;rrnstees of the. Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, December 1, 1969, at 8:00 P. M.

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees,_ comprising a quorum•of the Board; also Messrs. Walter W. Howitt , Village Attorney; James R. O'Connor, Village Engineer and Henry _. Sherwood, Village Clerk.

Absent was Trustee David P. Elmer.

Trustee Waltef•E. •Nicoloff moved, seconded by Trustee Raymond _ A. Smith and carried with-ne_negative votes that the minutes of the' November 17th regular Board m4eting be approved as submitted and altered.

The matter of possibly creating a special benefit district responsible for the partial payment of flood control improvements to Tannery Brook cam_ pn for discussion. Speci•fically,the proposed installation of culverts under the Aurora Expressway was considered. Village Attorney Walter W. Howitt reported that in the opinion of Hawkins, Delafield & Wood, New York Bonding Attorneys, the cost of the proposed installation of a culvert under the Aurora Expressway cannot be charged to a benefit district within the Village._ The costs of the culverts 119 East Aurora, N4w York November 17, 1969.

three light standards. The added cost of this change would be $30.00 annually. After discussion, the improvement•was approved by "consent•.

Trustee Robert B. Kelly moved/seconded by Trustee Walter E. Nicoloff and unanimously carried, that this meeting adjourn at 11:06 P. M.

_l'enry ;/. Sher_o'od, Village Cl"e-r-k. / East Auora, New York : December 1, 1969.

Absent was Trustee David P. Elmer.

would be a general Village expense subject to permissive or actual referendum. Mr. Howftt al_o roported that the bonding attorneys are still investigating the authority of the N.Y.S. Department of Transportationto arrange for an "add-on" to the Aurora Expressv_a_y-contract. After considerable discussion Trustee James W. Ford moved, seconded by T_v_steeNeal Jacobus.that bonding att6rneys Hawkins, Delafield & Wood be instructed to-preparea" bond resolution in the amount of $300,000.00 to cover thecost of installing suitable culverts 'under the Aurora Expressway as maintainance of water course right.of way as part of the proposed flood contro_ project, said bond resolution to be subject to a mandatory referen- du_iwith _le'ctionthereon "£obe held Janhary.6, 1970, b@tween the"hours of 12:'00noon and 9:00 P.M. "

Upon the question it was established that simultaneously with action on a bond resolution, the foll_ing should be acccraplished.

i. The property,owners to be involved should be contacted and made aware of the program.. "

2. The supervisors and Town Board of Aurora, Wales and Elma should be asked to approve the proposed flood control project.

3. The Coonty Legislators for the area involved should be made fully aware of the proposed plans.

Upon a vote of _cord: "" AYES NOES Mayor J. Forrest Cain Trustee James W. Ford Trustee Neal Jacobus Trustee Robert B. Kelly "Trustee Walter E. Nicoloff " .... Trustee.Raym0nd A. Smith. The motion was declared carried.

• Ti-flsteeRobertB."Kelly moved, seconded by Trustee Raymond A. SMith and carried withUnO ne_at-iveVotes tliatan amount Of :$700_00 paid to the Village as part .reimbursenmntfor construction work'at the Hamlin Park Pavilion b'epaid to the contractor Logel &'Baker, Inc..,against their invoice totaling $1187.30.

Trustee Neal Jacobus made note of the fact that .theplanned widening of Hamburg Street along the new Mobil Gasoline Service Station has been completed. Mr. Jacobus further advised that this is afine improvement to the traffic flow inthe area.

There-followed a di'scussionof the possibility of enacting control ordinances for sno_mobi!es. By consent, the Village Attorney will research the matter and report at the- Dedembbr lStti _neeting. " ......

Trustee Janes W.- Ford sUgges'ted that MayorJ. Forrest Cain remind the Planning Com_/issfon'0"faprior request by this board for said con_ffssionto consider architectural controls. SO agreed.

Tikist_eR6b@rt "B. Kelly moved, seconded by Trustee Walt@r E. r 12i East Aurora, New York December 1, 1969

Nicoloff and carried with no negative votes that Sally Cotton, temporary Clerk-Typist in the off.iceof the Village Clerk, be granted permanent appointment according to the Erie County Civil Service List, said permanent appointment to be effective December i, 1969, at the armual salary of $4200.00.

The dog control report for the month of November was submitted b> the Mayor and ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee Wa_%_e_J_.ANi_olo_faarldcear_@d with no negative votes that vouchers No. 624 through No. 666 in the amount of $32,731.00 on the General Fund, and vouchers No. 136 through No. 149 in the amount of $28,308.83 on the Water Fund, as audited by the Mayor and Trustees, be paid. " ,

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. SMith and carried with no negative votes that this meeting adjourn at 10:25 P.M.. with

_r_nry/_ SherwOod, Village Clei_

SPECIAL SESSION DECEMBER 8, 1969, 2:00 P. M., TO RECEIVE, OPEN AND EXAMINE BIDS FOR REINFORCING WATER MAINS AND CONSTRUCrION OF STORAGETANK, .-

There were present, Mayor J. Forrest Cain; James R. O'Connor, Village Engineer; Henry A. Sherwood, Village Clerk; also Willard H. Steane, representing Lozier Engineers, Inc.

The Village.Clerk called for the submission of bids.

Bids were received, opened and read, asfollows, for reinforcing water mains and tank foundations (Section "A"):

BIDDER BID

E. Cardarelli $ 561,945.00 Carhar Contracting Co. ii Tristan Lane Buffalo, N;:Y.

R. Vogel 606,348.00 1299 Union Road West Seneca, N. Y.

Deplan Contracting Co. 501,650.00 70 Sheldon Ave. :' : .. ', .Lancasterr_N.Y. ",

Secord Brothers , 665,720.00 1750 Union Road West Seneca, N. Y. r 12i East Aurora, New York December 1, 1969

The dog control report for the month of November was submitted b> the Mayor and ordered to be filed.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. SMith and carried with no negative votes that this meeting adjourn at 10:25 P.M.. with

_r_nry/_ SherwOod, Village Clei_

SPECIAL SESSION DECEMBER 8, 1969, 2:00 P. M., TO RECEIVE, OPEN AND EXAMINE BIDS FOR REINFORCING WATER MAINS AND CONSTRUCrION OF STORAGETANK, .-

There were present, Mayor J. Forrest Cain; James R. O'Connor, Village Engineer; Henry A. Sherwood, Village Clerk; also Willard H. Steane, representing Lozier Engineers, Inc.

The Village.Clerk called for the submission of bids.

Bids were received, opened and read, asfollows, for reinforcing water mains and tank foundations (Section "A"):

BIDDER BID

E. Cardarelli $ 561,945.00 Carhar Contracting Co. ii Tristan Lane Buffalo, N;:Y.

R. Vogel 606,348.00 1299 Union Road West Seneca, N. Y.

Deplan Contracting Co. 501,650.00 70 Sheldon Ave. :' : .. ', .Lancasterr_N.Y. ",

Secord Brothers , 665,720.00 1750 Union Road West Seneca, N. Y. 12 2

East Aurora, New York December'8, 1969.•

Bids Cont'd'" " r, '

BIDDER BID

Cimato Brothers, Inc. $ 451,907..50 76 Huntleigh Circle Amherst, N.Y. .... '

On-Ontario Corp. 434,434.00 P. O. Box':l'4 .... ,_' "'"'- ...... ' ..... North Syracuse;" N.Y. ..

Bids were rece:ived; opened'and read as follows for water storage'tank (Section "B"!"? :.

Wither-up Corp. •" $ 74,864.34 828 Liberty St. Franklin, Penna.

Pittsburg-DesMoines Tank, Inc. 81,220.00 Warren, Penna. '

Chicago Bridge & Iron Co. " 79,400.00 601 Grant Street Pittsburg, Penna. ...

After all bids had been opened and read, theVillage Engineer and the representative of Loziers Engineers, Inc., were directed to examine the same in detail and report their recommendations for 'beard use at the December 15th regular board meeting.

East Aurora, New York December 15, 1969.

Minutes of the :regular meeting of the Board of Trustees of 'the Village of East Aurora, New York, held in the Board Room at the •Village Hall, corner bf Main and Paine Streets, East Aurora, New York, on Monday evening, December 15, 1969, at 8:00 P. M.

There were present, the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees comprising a quortmaof the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer. and Henry A. Sherwood, Village Clerk.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the meeting of December i, 1969, be approved as submitted.

TheJmatter of bids for the construction of water lines and a 1,000,000 gallon water storage tank, came on for consideration.

Trustee Walter E. Nicoloff offered the following resolution:

WHEREAS, on December 8, 1969, bids were received for the construction of reinforcing water mains and necessaTf appurtenances for the Village 12 2

East Aurora, New York December'8, 1969.•

Bids Cont'd'" " r, '

BIDDER BID

Cimato Brothers, Inc. $ 451,907..50 76 Huntleigh Circle Amherst, N.Y. .... '

On-Ontario Corp. 434,434.00 P. O. Box':l'4 .... ,_' "'"'- ...... ' ..... North Syracuse;" N.Y. ..

Bids were rece:ived; opened'and read as follows for water storage'tank (Section "B"!"? :.

Wither-up Corp. •" $ 74,864.34 828 Liberty St. Franklin, Penna.

Pittsburg-DesMoines Tank, Inc. 81,220.00 Warren, Penna. '

Chicago Bridge & Iron Co. " 79,400.00 601 Grant Street Pittsburg, Penna. ...

East Aurora, New York December 15, 1969.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the meeting of December i, 1969, be approved as submitted.

TheJmatter of bids for the construction of water lines and a 1,000,000 gallon water storage tank, came on for consideration.

Trustee Walter E. Nicoloff offered the following resolution:

WHEREAS, on December 8, 1969, bids were received for the construction of reinforcing water mains and necessaTf appurtenances for the Village r 12a East Aurora, New York December 15, 1969.

water system; and WHEREAS, the Village Board has'carefully considered the .Engineer's report on these bids; and WHEREAS, the Village Board has further considered the bids received and the type of construction offered, NOW, THEREFORE, BE IT RESOLVED, that the best.interests of.the Village will be served by accepting the law bid of On-Ontario Corporation, Box 14, North Syracuse, New York, in the gross amount of $434,434.00 and Mayor J. F_rrest Cain be hereby,authorized to sign the necessary contract.

The motion was seconded by Trustee Robert B. Kelly.

Upon a vote of record: AYES NOES Mayor J. Forrest Cain Trustee David P. ELmer None Truatee J_es W. Ford Trustee Neal Jacobus Trustee Robert B. Kelly Trustee Walter E. Nicoloff ...... : .,. Trustee Raymond A. Smith --

The motion was declared unanimously carried.

Trustee Walter E. Nicoloff offered the following resolution:

WHEREAS, on December 8, 1969, bids were received for the construction and erection of a water storage tank to be used by tlieVillage Water system for the Village of East Aurora,.Erie County, New York, and WHEREAS, "the Village Board has carefully considered the Engineer's report on these bids; and WHEREAS, the Village Board has further Considered the bids received and the type of construction offered, NOW, THEREFORE, BE IT RESOLVED, that the best interests of the Village will be served by accepting the low bid of.Wither-up Corporation, 828 Liberty Street, Franklin, Pennsylvania, in the gross amount of $74,864.34 and that b_ayorJ. Forrest Cain be authorized to sign the necessary contract.

The motion was seconded by Trustee Robert B. Kelly.'

Upon a vote of record: AYES NOES Mayor J. Forrest Cain Trustee David P. Elmer None TrtAsteeJames W..Ford . Trustee Neai Jacobus 'Trustee Robert B. Kelly Trustee Walter _. Nicoloff Trustee Raymond A. Smith.

The motion was declared unanimously Carried.

Trustee _es W. Ford discussed a proposed program designed to minimze the flooding problem of Tannery Brook, explainingvarious actions during the past several months by the Village. Mr. Ford also discussed programs of county, state 124 •

•% East Aurora, New Yo_r_k December iS, 1969.

• l and federal agencies that could have an interest in this project.• Th6re could be federal and state fiscal support of this program.

There followed a general discussion of the.proposed project after which Trustee James W. Ford offered the following $300,000.00 bond resolution, seconded by Trustee David P. Elmer: . BONDRESOLUTIONOF VILLAGeOFEASTAUroRA,NEWYORK, ADOPTED DECKER 15, 1969, AUFHORIZING CONSTRUCFION AND INSTALLATION OF CULVERTS TO PREVENT THE FLOODING OF THE TANNERY BROOK AND APPURTENANCES THERETO IN THE TOWN OF AURORA, STATING THE ESTIMATED MAXIMUM COST OF SAID SPECIFIC .. OBJECT OR PURPOSE IS-$300,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING $15;000 CURRENT FUNDS TO PROVIDE THE REQUIRED DOWN PAYMENT AND AUTHORIZING THE ISSUANCE OF. $285,000 SERIAL BONDS TO FINANCE THE BALANCE OF SAID. ,.':TL )I_P_R@P_T ION......

Upon a vote of record: AYES NOES " Mayor J. Forrest Cain T-_te6 Walter E. Nicoloff Trustee David P. Elmer .-. Trustee Raymond A. Smith Trustee J_nes W. Ford Trustee, Neal Jacobus . ... • ,,, Trustee Robert B. Kelly • ° The motion was declared carried.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer a resolution to submit the proposition to a mandated referendt_n Januesy. 6, 1970 .and, authority .to publish same. ,.

By a vote of. record: . = .... AYES. NOES Mayor J. Forrest Cain Trustee David P. Elmer None Trustee James W. Ford Trustee Neal Jacobus Trustee Robert B. Kelly Trustee Walter E. Nicoloff" Trustee Ra)qnondA. Smith

The motion was declared unanimously carried. ..--

The Village Attorney reported that a study of the laws and regulations concerning the control of snowmobiles indicated that there already exists V & T laws covering such vehic'les. The attorney is making a further investigation of the possible need for special Village legislation. When complete,•the.report will be given to the Village.

The matter of proposednew lighting for Hamlin Park, came on for consideration. Calvin W. Potwin, Recreation Director, advised that better lighting of the grove in the park is necessary in order to assure better.police protection. This is a prime goal of the Recreation Cormnission,

d • J25

East Aurora, New York December 15, 1969.

After considerable discussion, decision was made to ask for a specific lighting plan as recon_nendedby the committee to be presented-at the January 5, 1970 board meeting. •

Anthony DiFilippo III, representing William P. Franklin, Anthony DiFilippo, Arthur S. Aungst, Jr., and Gulf Oil Company, the owners of 495 Main Street and 481 Main Street, East Aurora, New York, and the contract vendee of the said premises requested the board to consider the matter of the petition of said owners and contract vendee for the re-zoning of the said premises at 481 and 495 Main Street from zoning use group "RC" and "C" respectively, tO use group "(]_'for the purpose 'ofconstructing a new Gulf Oil Service Station on the said'premises. The Village Engineer and the Village Attorney advised the board that they had examined the petition and exhibits heretofore filed with the Village Clerk and found them to be in order.

It was moved by Trustee James W. Ford, seconded by Trustee Raymond A. Smith and unanimouslycarried that the said petition be received and referred to the Planning Comission for processing in accordance with the provisions of Article XI of the Zoning Ordinance.

Mr. DiFilippo next requested the board to consider the applicatmon of the Gulf Oil Company for a special building permi_tpursuant to Art.icleVII-A of the Zoning Ordinance for the erection of a gasoline service station at 481 and 495 Main Street.

After a discussion it was moved by Trustee Robert B. Kelly, seconded by Trustee Raymond A. Smith and unanimously carried that the said application for a special permit for the erection "of the gasoline station be received bY this board for processing in acoordance with Section 7.001 of the Village Zoning Ordinance.

After further discussion it was moved by Trustee Robert B. Kelly , seconde_ by T'rusteeRaymond A. Smith and unanimously carr.iedthat . hearings be held oh the said applications for re-zoning and special gasoline-service station permit 'asrequired by statute and ordinance on january i9,11970, and that notices of the said hearings Be publfshed •and given as required by law. .' '

Mr. Jack Twinam, 14 North Willow Street objected to a structure being moved from 278 Main Street to the vadant lot at i0 North Willow Street. Mr. Twinam feels that the continued use of this dwelling as a residence and medical office would be a violation of the present zoning.

Mr. James Tetzo, Attorney for Willowdale Properties, Inc., presented a petition asking _or the re-zoning of the property at i0 North Willow from "R" to "RC" to allow the use of a building to be moved to that location to continue as a residence and medical office. '

Trustee Robert B. Kelly mOved, seconded by Trustee Walter E. --_ Nicoloff that Rule #3 of the Board Procedure Rules be waived and the petition of Will_dale Pr.operties,Inc., be given consideration.

Upon a vote of record: AYES NOES Mayor J_--_orrestCain : T_stee David P. Elmer None Trustee James:W; Ford !2(4 East Aurora, New York December 15,'-1969.t°-..a r Vote cont'd AYES NOES •Trustee Neal Jacobus. : .t Trustee Rebert.B. Kelly Trustee W:alter E. Nicoloff Trustee Raymond A. Smith

The motion was declared unanimously carried.

•..:. .TrusteeJames W. Ford moved, seconded•by Trustee Raym_d A. Smith and unanimously carried,that.the matter of a petition presented by Willowdale Properties, Inc..,be received and be referred-to the Village Attorney and the Village Engineer for 'examination and •thatthe-matter be placed on the January S, 1970, agenda as a possible action under Section ii.01 of the Zoning Ordinance. " . .

Mr. Twin'_n then read the following letters for the record, objecting to a proposed "RC" use in an "R" zone'.; . ._ °

TO THE VILLAGE BOARD OF EAS.T-AURORA,N.Y. AlfErcrION: - MR. SHERWOOD :-

This letter..is,inconfirmation of Mrs. Elder's telephone'conversation with. Mayor Cain and Village Engineer O'Connor on Tuesday, December 9, 1969, relating to __hemoving of the building now located at .272 Main Street,•East Aurora - an R-C zone - to lot #12 on North Willow Street, East Aurora - and R-I zone.

It has -been confi'rmedby Mr. O'Connor that a permit has been issued for the movement of a _ resident building from and to the above named locations.. It shoul_[_e noted the above-named building.presently houses a-. doctor's office-and an apartment.- two separate and-distinct parties. ".... '

We have heard that when this structure is moved to the new location, usage will continue as at .present; therefore,we, owners and inhabitants of properfcywithin fifty-one feet of lot #12 on North Willow Street, request-the;Vi.llageBoard of East 7kurorato ascertain as to the usage of tJ!isprope_1:yand if other than complying with R-I restrictions, enjoin the owners to any other usage than contained in the R-I zoning classification.

: Respectfully yours, . Uno M. Elder , . Marianna H.. Elder .. 26 North Willow Street East Aurora, N.Y. 14052."

• " December iS, 1969 Gentlemen :

Being unable to attend the Board meeting, I would like to officially register my objection to the purported establishment of an R..C. building on R property at lot #12 on N. Willow St.

If this violation takes place, will the violator be enjoined, or will the Board "overlook" the violation and allow it to continue?

• Yours truly, Richard Gilcher 32" North Willow Street East Aurora, Now York. " " r 127 East Aurora,:New York December 15, 1969.

The matter of reports-,from the Planning Commission and from the Safety Co_ttee regarding a proposed public use of the old Mobil Service Station at the corner of Buffalo Road and Knox Road came on for consideration. Reports from both bodies recommending acquisition by the Village of said property were read.

-- Mr. Anthony DiFilippo being present, repeated a prior plea to the Board to defer demolition action of the structure on the Mobil Service Station property until a positive decision to purchase the property for public use is made.by the Village Board. Mr. DiFilippo protested the public acquisition of property that could remain :on the tax roll.

After lengthy consideration of the above reports, Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and ananimously carried that the item of disposition-of the Mobil Service Station property be considered further at the:January 5, 1970 meeting.

A fetter was read from Raymond Hoffman, President, Aurora Village Shopping Center, asking for a hearing regarding the assessment of said property.

.Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that Mr. Hoffman be advised by the Mayor that he may appear on Grievance Day, February 17, 1970, when such matters are considered by the assessors.

A letter was read from Assemblyman Chester R. Hardt, chairman of the Joint Legislative Convaitteeon Protection of Children and Youth and Drug Abuse. After discussion of the letter, decision was made to give further consideration to its contents at the January 19, 1970 board meeting.

A letter of resignation due to ill health, was received from Herbert C. Cline, as a member of the.Zoning Board of Appeals.

Trustee Raymond A, Smith moved, seconded by Trustee Robert B. K_lly and unanimouily carried that the letter of resignation of . Herbert C. Cline as a member of the Zoning Board of Appeals be accepted and Mayor J; Forrest Cain be asked tO convey the appreciation of the Village and the.Board for Mr. Cline's expert and faithfuI service to hhe Village in various capacities over a span of many years. :

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and tmanimously carried that Leona.Bower be appointed an election inspector for the balance of the current term of Eleanor Jennings, resigned.

The police report and the fire alarm report for the month of November were received and ordered to be filed in the usual manner.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E.. Nicoloff anduunanimously carried that the following transfers in the General Fund and Water Fund be authorized in order to balance the accounts:

GENERAL FiND FROM TO A10-200 -- $ 205.00 A20:200-- $ 126.25 A20-400 126.25 A66-400 30.00 A64- 400 30.00 A74- 200 205.00 A81-A100 20,000.00 A82-100 20,000.00 A104-400 250.00 A101-200 950.00 128

East Aurora, New Yorld_ December 15, 19697_

Transfers Cont'd :-

FP4)M. TO . ". " .:. A123-100 2,000.00 A-102-100 2,000.00 A290-650 , 950.00 A121-400 : 250.00 . ".. '. $ 23,561.25 ., "$ •23,561.25 • . : : WATER FR_I TO ...

F290-628. " '., $':500.00 -'A290-400 $ 500.00 • .,. ..

Trustee Robert B. Kelly moved, seconded by Trustee Walter_E.:Nicoloff and unan- mously carried that vouchers No. 66g through No. 71_ in the am_]unt of $26,i'_7,_ on the General Fund shd vouchers No. 160 through No. 16_ on the_Water-Fund in the amount of $.4,935.31,as•auditedby the Mayor and Truslees, be paid.

Trustee Neal Jacobus :moved, seconded by Trustee Ray_nondA. Smith and unani- - mously carried that this meeting adjourn at.ll:45 P. M .....

-...... • _enry/. Shei_co_ge.... Clerk.

East Aurora, New York January 5, 1970.

Minutes of the regular meeting of the .Board of Trustees of the Village_of -'- East Aurora, New York, held in the Board Roan at the Village Hall, comer-of-Main and Paine Streets, East Aurora, New York, on Monday evening, January 5, 1970, [at _x 8:00 P. M. o'clock. • _ ). There were present the-following: Messrs. Robert B. Kelly, Deputy Mayor presiding; David P. Elmer, James-W: Ford, Neal Jacobus and Walter E. Nicoloff, Trustees comprising a qu©rum of the Board; also Messrs. Wal_er W; Howitt, Village Atfomey; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Absent were Mayor J. Forrest Cain and Trustee Raymond A. Smith..

Deputy Mayor Robert B. Kelly chaired the meeting in the absence of Mayor J. Forrest Cain.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the minutes of the meeting of December 15, 1969, be approved as submitted.

The matter of the disposition of the old Mobil Gasoline Service Station on the northwest comer of Buffalo Road and Knox Road came on for review. Trustee Ford expressed his opinion that .no action should be taken to acquire the property until wor_lis received fran the New York St_IteDepartment of Transportation and from. Erie County Department of Public Works regarding the suggested .traffic flow changes in the area of the Circle. ,Mr_ Ford noted that Buffalo Road is a state highway and Knox Road is a county highway. 1 128

East Aurora, New Yorld_ December 15, 19697_

Transfers Cont'd :-

FP4)M. TO . ". " .:. A123-100 2,000.00 A-102-100 2,000.00 A290-650 , 950.00 A121-400 : 250.00 . ".. '. $ 23,561.25 ., "$ •23,561.25 • . : : WATER FR_I TO ...

F290-628. " '., $':500.00 -'A290-400 $ 500.00 • .,. ..

Trustee Neal Jacobus :moved, seconded by Trustee Ray_nondA. Smith and unani- - mously carried that this meeting adjourn at.ll:45 P. M .....

-...... • _enry/. Shei_co_ge.... Clerk.

East Aurora, New York January 5, 1970.

Absent were Mayor J. Forrest Cain and Trustee Raymond A. Smith..

Deputy Mayor Robert B. Kelly chaired the meeting in the absence of Mayor J. Forrest Cain.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the minutes of the meeting of December 15, 1969, be approved as submitted.

East Aurora, New York January 5, 1970. . "_----_ After ._'_er discussion Trustee James W. Ford moved, seconded by Trustee Waite'_E. Nicoloff.and Carried with no negative votes that Village Engineer James R. O'Connor be authoriz_dd to expose the suggested traffic pattern plan for the Circle area as considered and approved by the _,lanningCommission and the Safety Committee to the Now York State Department of Transportation and the Erie County Highway Department for their reactions to said plan.

A petition submitted by Will_wdale Properties, Inc., to rezone i0 North Willow Street from "R" to "RC" was considered. The Village Attorney advised that an amended petition submitted to the Village January 5, 1970, is intended to super- cede a previously submitted petition. The Attorney noted deficiencies in the new petftion that'would have to be corrected before Village action can be taken according to Section ii.01 of the Zoning Ordinance. The petition was therefore ordered returned to Willowdale Properties, Inc., for correction.

Mr. Jack Twinam, 14 North Willow Street, asked if the proposed plot plan for i0 North Willow Street will be made available for public inspection. Mr. Twinam " " • was advised that when a correct petition and plot plan are submitted, it will become a public record• __

A sign request was received and read frcm H. R. Block Company to allow the erection of 2 (two) electrically illuminated signs on the building at 728 Main Street. It was established that the sign petition after being amended by the petitioner, is in order.'

Trustee Neal Jacohus moved, seconded by Trustee James W. Ford and carried with one negative vote that the sign petition submitted _-by H. R. Block Co_J_pany,beingin order, the same be received and -the Village Engineer be authorized to issue a permit for the erection of 2 (two) signs in accordance with the letter acconrpanyingthe' -_dr-awihgs.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that Mayor J. Forrest Cain be authorized to sign contracts with the Town of Aurora for the period January i, 1970 through December 31, 1970 for Fire Protection District #i, also contracts for the use of the Village radio equipment, police desk, lock-up, court room, etc.

Deputy Mayor Robert B. Kelly presented the Dog Warden report for the month of December and also the Fire Alarm report for the month of December with a recap for the year 1969. The reports were ordered to be filed.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes, that vouchers No. 718 through No. 774 in the amo_t of $25,490.71 on the General Fund and vouchers No. 165 through No. 177 in the amount of $5,951.81 on the Water Fund, as audited by the Mayor and Trustees, be paid.

Trustee James W. Ford moved, seconded by Trustee Walter EW. Nicoloff and carried with one negative vote that this meeting adjourn at 10:50 P.M.

Sher_qood, Village Clerk.

i 130

SPECIAL VILLAGE ELECrION _.

;. -!. - ...... _Januai3_ 6,:.1970, 1_ _

Referend_n.un,.approval of a. $300,000.bond issue to install Tannery •Brook flood control_culverts under the Aurora Expressway. i Upon the vote: ",

,:YES_- .... _," , . .115

" "NO,." :. " , ":: "', 380 . '. ",.

Certification attached herewith: .. " "'. , ,.r :,_

" "': " .k

' i • ,

t n!

f • .3 I

OATH OF INSPECTORS OF ELECTION

sTATE OF NEW YORK )•" SS: cOUNTY OF ERIE ) [

WE, THE UNDERSIGNED , having been designated to act as

Chairman, Inspectors of Election and Ballots Clerks for the purpose of

voting Upon the Proposition at the Special Village Election of the qualified

\ electors/ of the Village of East Aurora, in the County of Erie, New York, • / held at the Village Hall, East Aurora, New York, on .JANUARY 6,

]970 at 12:00 o'clock NOON (;_S.T.), 'DO SOLEMNLY SWEAR that we

will support the Constitution of the United States and the Constitution of

the State of New York, and that we shall faithfully discharge the duties

of the offices of Chairman, •Inspectors of Election and Ballot Clerks

at said Special Village Election.

Chairman

]

l Inspectors of Election and Ballot Clerks T : Subscribed and sworn to before me "-

-- -_--_ _this--:. 6t.h ...... da y_of_JANUAR Y,_I 9.70_....

; N?t yFublic,StateofNewYork

'. NotaryPublicS, tateof Naw'Totk ! Q_allfiedin _'ie C_unty ! My Comm!sslo_xnpiresMar_ gO,t 9_'_

} ,! CERTIFICATE OF INSPECTORS OF ELECTION

Village of East Aurora, in the County of Erie, j New York • Canvass of Votes on Proposition at the Special Village Election held on JANUARY 6_ 1970...

WE, THE UNDERSIGNED, being the Chairman and the Election

Inspectors and Ballot Clerks, respectively, at the Special Village Election

of the Village of East Aurora, in the County of Erie, New York, held at

• the Village Hall, East Aurora, New York, between the hours of 12:00

o'clock NOON (_S.T.) and 9:00 o'clock P.M.(_t!_S.T) on JANUARY 6,

1970, at which there was voted the Proposition set forth on the ballot

i label used at said Election, a true copy of which is annexed hereto and

";c-_ made a part hereof, DO HEREBY CERTIFY that prior to said Election i .., O we duly took and filed our oaths of office as required by law, and we

-i. were otherwise duly qualified to act as Chairman, Election Inspectors

1 and Ballot Clerks, respectively, at such Special Village Election, that i

, at least three-quarters of an hour before the opening of the polls, the

keys for voting machines Nos. 91320

were delivered to us in a sealed envelope, which envelope was not

opened until at least two Inspectors were present; that before opening

said envelope we examined the curtain levers of said machines and

found them sealed against movement by a metal seal on which was

i stamped the Nos. 10774 • ]

. which numbers we also found written •on the envelope in which the keys i

It _w._r_e_d e liv.e r.e d_to_u s. W.e_a lso_found_t ha t _the_P_rot e cti_z__C ount er.s ......

' registered 019198 ! ! I I

that the official return of votes cast at the Special Village Election of

., the Village of East Aurora, New York, was as follows: •

VOTE ON MACHINES

PR OP QSITION

Machine No. Yes No _Blahk Total

91320 1"15 380 1 &96 '

TOTA LS " 115 380 I 496

.., WE HEREBY FURTHER CERTIFY that we completed such canvass

-1 without adjournment; that the Chairman publicly announced the result; that

the said Election was held in an orderly manner and in all respects as

provided by law, and that the only persons permitted to vote on the

Proposition submitted at said Election were the persons qualified to

vote thereon pursuant to law.

-P IN WITNESS WHEREOF, we have hereunto subscribed our •names I

this 6th day of JANUARY, 1.970.

Chairman

Inspectors o£ Election ._.

i CLERK'S CERTIFICATE

I, HENRY A. SHERWOOD, Village Clerk of the Village of

East Aurora, in the County of Erie, State of New York, HEREBY

CERTIFY that I have compared the annexed copy of a Certificate of

Inspectors of Election as to the result of the voting at the •Special

Village Election held in said Village on JANUARY6,1970, With the

original thereof, which was filed with the Board of Trustees in my

office as Village Clerk•following said Special Village Election and the

same is a true copy of said original Certificate of Inspectors of

Election and of the whole thereof. r

_1 " IN WITNESS WHEREOF, I have hereunto set my hand and : affixed the corporate seal of said %

: Village this 6th day of JANuARY,1969

i SEA L

' ..V)_'lage" Clelrk - --"--..... / I ]

? "_ VILLAGE OF F._ AUI_URA, NEW YORK NOTICE OF SPECIAL VILLAGE ELECTION JANUARY 6, 1970 NOTICE IS HEREBY GIVEN that a Special Village Electhm will be held on th e 6th day of January, 1970, at the Village Hail, East Aurora, New York, and the polls shall remain open from 12:00 o'clock NOON E.S.T.) until 9:00 o'clock P.M. (E.S.T.), or for such longer pe- rind of time as may be necessary to enable the voters then present to cast their votes. At said Special Village Election the

following Proposition _r tO voted upon: PROPOSITION SHALL the bond resolution entitled: Bond Resolutian of the Village of East Aurora, New York, adopted December 15,1969,authorizingconstruc- tion and installationof carl. verts to prevent the flooding of Tannery Brook and appur- tanances thereto in the Town of Aurora, stating the estimated ma)fimum cost of said _pecific object or purpose is 300,000, appropriating said amount therefor, including $15,000 current funds to provide the required down payment and authorizing the issuance of $285,000 serial bonds to finance the balance of said appropriation,"BE AP- \ PROVED? An abstractof such resolutio_ • conciselystating the purpose _'ll and effectthereof,isas follows: _l FIRST: AUTHORIZING the {_ItVill,age, of East Aurora ("Vil- W lage') to constructand install culvertsand necessaryappurte. nances thereto trader the pro_ posed Aurora Expressway outside the Village, approJctmately L900 feet from the northeast comer of the Village boundary, __ in the Town of Aurem, for the purpose of arresting and preventing damage to property witl_in the Villageresulting from the seasonaloverflowingof the Tannery Brook, includingease- ments or other rightsin land acquiredor to be acquiredthere- for,,inthe Town, and including originalequipment, machinery and apparatus required therefor;,, STATING the estimated maxi_ mum cost of said specific object, including preliminary costs and costs incidental thereto and the financing thereof, is $300,- 090; APPROPRIATING s a i d amount therefor, including $15,- 009 current funds to provide.... -- the required down payment; STATING the plan of financing includesthe expenditureof such Currantfunds to providethe required down payment, the issuance of $285,000 serial bonds to finance the balance of the • appropriationand the levy of a tax upon all the taxable real property in the Village to pay the interest ou s_,idbonds and the principal_thereof_whendue_ __ _- .... and- payable; _ _.... -- SECOND: AUTHORIZING the issuance of $285,000 serial bc_ds of the Village to finance the balance of said appropriation; THIRD:. DETERJViINING AND DECLARING that the period of probable usefulness of the specific object or purpose for which the bonds authorized by the res- - olution-are-to bo issued is thirty .... (39) years; the proposed mator. ity of the bonds authorized by the resolution will exceed five (5) years; and current fends are required to be pro'eided prior to the issuance of said beards or any bond anticipation notes and that such current funds are available in the current budget of the Village under the head, ing "Contingency" and DIRECT- - 1NG the V_llage- Treasurer . to -- set aside said current funds and apply them solely to the said specific object or purpose; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipa- tien of said be_ds shall be general obligations of the Village and PLEDGING to their payment the faith and ered_t of the Village; FIFTH: DELEGATING to the Village Treasurer the powers and duties as to the issuance of said bonds and any bond an_ ticipaticm notes issued in antici- pation_of'sald-bondSY'or-the_-' ---- _ -- newals thereof; _cl SIXTH: DETERMINING that a proposition containing an abstract of the resolution shall be submitted for the approval or disapproval of the qualified voters of the Village at the Special Village Election to be 'held o_ JANUARY 6, 1970. and that said resolution shall take effect upon approval of the proposition. DATED: DECEMBER 15, 1969 - .HENRY A. SHERWOOD, 21-I Wllage Clerk F 13i East Aurora, New York January 19, 1970

--- Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York,held in_the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, January 19, 1970, at 8:00 P. M. o'clock.

There were present the following: Messr.J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees comprising a quorum of .theBoard; also Messrs. Walter W. Howitt, Village Attorney; James R. O'cotmor, Village Engineer and Henry A. Sher- wood, Village Clerk. i. Trastee Neal Jacobus moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the regular meeting of January 5, 1970, be approved as submitted.

Village Engineer,James R; O'Connor reported -that the New •York State Department of Transportation is interested in the suggested plan to alter the traffic flow pattem at the Circle but wishes to make a complete study of the area before releas- ing a recommendation. Mr. O'Connor also reported that the Erie County Highway Department would appreciate receiving a fomal proposal in writing for their consideration.

After considerable discussion Trustee Walter E. Nicoloff moved, seconded by Trustee J_nes W. Ford and unanimously carried that the Village Engineer be instructed to proceed _o negotiate with both the Erie County Highway Depart_mentand the New York State Department of Transportation regarding the suggested traffic flow pattern at the' Circle.

Village Engineer James R. O'Connor reported that the 12" water line recently installed in Girard Avenue is approximately 98% ccmplete and is in service. Grading and several minor adjustments will be made when weather permits. In reporting, on the installation of storm sewers in' GirardAvenue the Engineers advised that the work will hot.:be:started until good weather comes, probably in April. The complete .job as contracted fo'r by the County of Erie including the repaying will take approximately 7 months for con_oletion.

It was reported that a petition from Willowdale Properties, Inc. requesting the re-zoning of 10 North Willow Street, expected to be presented-at this meeting, will not be tendered.

Certain business practices being conducted at the Shell Gasoline Service Sta- tion at the comer of Main Street and North Willow Street were consi.dered at length. It was suggested that a representative of,the Shell-Oil Company _e invited to confer with the Village onthis problem. So agreed.

Mayor J. Forrest Cain discussed actions of intent d£signed to 'lead to the development of a local Narcotics Guidance Council.

After considerable discussion Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that the Mayor be authorized to advise Town of Aurora Supervisor Abbott Henshaw that the Village Board is desirous of:participating with the Town of Aurora in establishing a Narcotics Guidance Council according to the provisions iof Section 239-u of the General MufiicipalLaw. 132 East Aurora, New York January_ 19, _70._.

The creation of a con_nittee to dete_ne the necessary arrangements, procedures and policies for the June i, 1970 transfer to the Town of Aurora of-.therecreation - - program was discussed. It was noted that the Town of Aurora has aplSointedCouncil- man Seidler to workwith the Recreati'on-DirectorCalvin W. Potwin on this.matter. The intent of creating this co_ttee is to formulate a contract with the :Town of Aurora according to Section 119-o of the General Municipal L_. The make-up of the joint Town-Village Rec'reati'onComission will remain the same.

Upon_recommendation of Mayor J. Forrest Cain, _Trustee.Raymond A. Smith moved, seconded by_.T_]asteeWalterE. Nicbloff and.unanimously carried, that Trustee Robert B. Kelly be designated to represent the Village of East Aurora on this joint Recreation ConlnissionTransfer Committee.

A co_ication was received from the East AUrora :Police Quake_ Club to hold their annual dance at the Fire Hall on Saturday, May 16, 1970. ...

Trustee Raymond A. Smith moved;,seconded by Trustee Robert B. Kelly _d unanimously carried, that the request.of.the East AUrora Police Quaker Club to hold their annual dance May 16, 1970, at the East Aurora.Fire Hall be granted. ".... : " .,

Mayor J. Forrest Cain .read a letter from State Comptroller Arthur Levitt con- gratulating Robert B. Kelly for attending the 14th annual Clerk's and Fiscal Officers' Tra_ng School at Lake Placid in October 1969.

Trustee P(obe_ B. Kelly moved, seconded by Trustee Walter E. Niooloff and unanimously carried that the following resolution be adopted:

WHEREAS , the Village.Police Justice has for sc_netime been hearing an increasing number of cases, .including contested cases i.n the Village Police Court; and .... ': " WHEREAS,this Board of Trustees has heretofore informally"author-. -" ized the'Village Police_Tustice 'tOemploy a stenographer to tal_e testimony of witnesses and act as Clerk for the Police Justice; and WHEREAS, this Board of Trust'eesdesires to make a record of this authorization in this regard pursuant to Section 186-a of the Village Law,, . NOW_,"THEREFORE-BE IT RESOLVED that' the Viilage l_olice Justice be and he hereby is authorized to employ a steh_grapher from time to - time to take the testimony,of witnesses and act as Clerk for the ' _ Police Justice as he may require."

T1_stee David'P. Elmer advised for the record, tha_ the Town of Aurora had made _pplication 'for a"grant fn aid to acquire the-"Foss Property" adjacent to the outdoor swimming pool as a recreation area. - Mr. Elmer will keep the Board informed of the progress of this application. _ ..

The matter of the designation ofan.inspector for the w_ter main improvement project was discussed. Lozier Engineers, Inc., recommend the services of one of their personnel for this duty. :

Trustee Walter E. Nicoloff moved, seconded by Trustee Neal Jacobus and unanimously carried that the Village Engineer c_nvey to Lozier Engineers, Inc., a request that the trustees be provided.with a bill of particulars including costs for-inspection services for the water main construction project, after which, a determination will be made. r .. East-.A_ra, New York January 19, 1970..-

Trustee Neal Jacobus moved, seconded by Trustee Raymond A. - Smith and _animously carried, that Robert"Hewit£ be authorized to attend a Grade II Disposal Plant Operator's Course at Great Lakes Lab sponsored by the New York State Health Department, said course to cost $50.00 plus expenses to be reimbursed.

• Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and _manimously carried that Roy W. Lang be authorized to attend the American Public Works Association In-Service Training Course at Community College, Syracuse, New Y ork, January 19-22, 1970, with expenses to be reimbursed according to Section 77-B of the General Municipal Law.

Trustee J_es W. Ford discussed a November 26, 1969, letter from Krehbiel; Guay, Rugg & Hail proposing to update the 1960 Tannery Brook study for a fee of $36O0.00.

After considerable discussion, Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and unanimously carriedthat authority be given the Village Engineer to obtain from.Krehbiel, Guay, Rugg & Hall, consulting engineers, a cost estimate for the following items contained in their letter of,November 26, 1969:

(Ib) Re-study Main Street and Oakwood Avenue culvert structures for a 50 year storm frequency. Th e original report was based on 5 and i0 year storm frequencies.

(ic) Review the recamendation re-routing the utilities at the Main Street structure. ''

(id) Recormmendculvert size for Brooklea Drive. This area was omitted from.the original study because it Was not deemed within the Village limits.

(le) In reviewing the above items, alternate methods of construction shall be considered.

and the same be :lavailablefor the February 2, 1970 meeting.

TrusteeWalter E. Nicol0ff moved, seconded by Trustee Raymond A. Smith and unanimously carried that th_be authorized to sign an easement contract with the.__ Pen_1_Jl'_d Company to allow the installation of certain water lines across railroad property.

The Police report for the month of December was received and ordered to be filed.

Trustee Robert B. Kelly moved, secbnded by Trustee Raymond AI Smith and unanimously carried that vouchers No. 775 through No. 828 in the amount of $25,864.90 on the General Fund, and vouchers No. 178 through No. 189 in the amount of $4,160.96 . on the Water Fund, as audited by "theMayor and Trustees, be paid.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and unanimously carried that this meeting adjourn at ii:00 P. M.

Hen_. Sherwood, Village Cle L

East Aurora, Now York February 2"i1970.

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board •Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday.evening, February 2, 1970, at 8:00 P. M. o'clock. " " '"

There were presefit,the following: .Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, WaltellE. Nicoloff and Raymond A. Smith, :Trustees, comprising "aquorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Conner, Village _Engineer and Henry A. Sherwood, Village Clerk.-• : -- r. _

Trustee Walter E. Nicoloff moved, sedonded "by Trustee Raymond A. Smith and unanimousiy.carried that,the.minutes of the_regular meeting' of January 19, 1970, be approved as Submitted and amended. .-

The Village Attorney rules that the Public .Hearing on hhe petitioned zoning change for 481 and 495 Main Street should be considered by itself before the public hearing on the petition for a'building permit foran enlarged Gulf Gasoline Service Station on said properties. A court reporter was present to _ecord the proceedings for the petitioners.

At 8:08 P. M., Mayor J. Forrest Cain declared open thePublic Hearing on the petitioned zoning'changeof the'45ropertyat 495 Main Street from "C" to "(_' and 481 Main Street from "RC" to "dv_'...AnthonyDiFilippo III, Attorney representing the petitioners,waived the ruling that the notice of Public Hearing-be read aloud. So agreed. 1 Mr. DiFilippo reviewed actions that had taken place prior to the hearing and spoke in favor of the rezoning. Mr. DiFilippo read for the record a letter dated January 23, 1979, from himself to.the Planning Conmdssion, said letter set forth the chronological Sequence of the zoning7of the two parcels of land under consideration. Mr. DiFilippo then read for the record, a second letter,setting forth the intent of the petitioner regarding certain alleged deficiencies in the petition. Mr. DiFilippo thenenumerated the present use of nearby properties.

It was established that the proposed new gasoline service station would require an expenditure by Gulf Oil Company of overS200,000.00. Mr. DiFilippo then read for the record a letter from the Planning Conmdssion ask&ng details concerning several actions pertaining to the proposed new gasoline service station and also a letter supplying several answers to the Planning CommiSsion by the#Gulf Oil Company.

Mr. Andrew Pifer, 25 Park Place, asked consideration of having a portion of the property touching the "R" zone set aside for use as a buffer zone and that this zone carry a higher zoning desigaation.

Mr. Thomas Meldon, representing the Greater East Aurora Chamber of Co_erce read a letter on behalf of the chamber s_pporting the Gulf Oil petition. Thomas Ashbury, 19 Park Place, voiced bbjections to the required rezoning. Mr. Jack Twinam, 14 North•Willow, concmrred With Mr. Pifer concerning a .buffer zone. Gordon Minier , 25 Park Place, concurred with Mr. Ashbury and Mr. Pifer concerning the creation of a buffer zone.

Mr. Edward Fusia, East AUrora resident and representative of the Gulf Oil Company, asked for Village approval of the rezoning and of the building permit application. 1•$5 • East Aurora, New York February 2, 1970.

Mr. Anthony DiFilippo, Jr. one of the owners of 481 Main Street, spoke in favor of the rezoning. I A report as required by Section 239-m of the General Municipal Lawwas presented for the record from the Erie County Planning Commission. The report on form ZR-4, signed by Ralph Barnes, Con_nissionerof Erie County Planning Co_m_ission,reco_aended denial of the rezoning and favored a variance procedure, which would,permit tig.hter sign, lighting and building set back controls.

A con_aunicationfrom the Village Planning Commission recommending denial of the rezoning was read by Mayor J. Forrest Cain. The said co_unication indicates a violation of Article VII Section 7:02 Article A of the Zoning Ordinance.

There being no one else present to Speak, Ma_yor Cain declared the hearing closed at 9:10 P. M., and referred the matter to _he trustees.

Trustee David P. Elmer moved, seconded by Trustee Wal_er E. Nicoloff that a vote on'the proposed rezonlng bedeferred until the February 16th Board meeting.

Upon the question, it developed that the trustees wished to question some of the people preseilt;therefore, Trustee Walter E. Nicoloff withdrew his second and _ Trustee David P. Elmer tabled his motion.

Trustee James W. Ford asked divulgence of the ownership of the present Gulf Station property at 495 Main Street. William P. Franklin, 4217 Genesee Street, Buffalo, N. Y., is the owner of record. The Gulf Oil Company leases the property from Mr. Franklin.

Trustee Neal Jacobus asked the probable assessment that would be placed on the new station. Attorney DiFilippo advised that the building permit applidation states the approximate construct_pn cost at $85,000.00'. "

Trustee James W. Ford asked that a transcript of proceedings be made available to the Village Board. Attorney DiFilippo agreed to supply such testimony.

Trustee Robert B.•Kelly asked that every board member receive a copy of every letter read during the hearing. So agreed. t Mr. Kelly then asked permission to examine the proposed construction plans. In order to comply with this request, for Mr. Kelly and anyone else interested, Mayor Cain at this point (9:25 P.M.) declared a 15 minute recess.

At 9:40 P. M., the meeting reconvened.

Trustee David P. Elmer requested removal of his previous motion from the table.

Thereupon Trustee=David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that consideration of the petition to rezone 481 _4ainStreet from "RC" to "C_' and 495 Main Street from "C" to "C_' be delayed for action until the February 16th regular board meeting.

At 9:52 P. M., Mayor J. Forrest Cain declared open the Public Hearing on building permit opplication by.Gulf Oil Company to construct a new gasoline service stat_pm on the properties at 481 and 495 Main Street. 136 East Aurora_ New York February 2, _1970.

Atto_myL Anthony DiFilippo asked consideration Of the building permit application at the February 16th board meeting should favorable action be taken on the rezoning petition. Mr. DiFilippo advised that at that time the proper exhibits would be presented.

No one present in the audience wished to speak on the building permit application except Mr. DiFilippo. -.....

Trustee Ford and Trustee Jacobus.asked questions that were answered by Mr. DiFilippo and Village Attorney Howitt.

Trustee James W_ Ford asked who would be responsible for paying the cost of the relocation of a fire hydrant presently located within the area of a proposed curb cut. The Gulf Oil Company agreed to pay this cost. In speaking on the proposed curb cut, after it was established that Main Street being a state highway, the New-York State Department of Transportation issued approvals for such curb cuts, Mr. Ford asked the allowable width of a curb cut on a Village street. It was noted one is proposed on the Park Place side of the property. The general ordinances allow a curb cut of up to 20' without a public hearing thereon.

Trustee Walter E. Nicoioff moved, seconded by Trustee Robert B. Kelly and unanimously carried that the matter of the building permit application by Gulf Oil Company be placed on the agenda of"the February 16th regular board meeting. :

Trustee Neal Jacobus suggested that the Safety Committee study the proposed Gulf Oil Service Station development plan and submit a report for the February-16th meeting. So agreed.

At 10:0S P. M., Mayor J. Forrest Cain declared the hearing closed.

The Village Enginee_ reported that no replys have been received as yet from the New York State Department of Transportation or {he Erie County Highway Depart- ments regarding proposed rescheduling of traffic at or new the Circle but word is expected by February 16th.

Engineer O'Connor reported that the Shell Oil Company is sending a representative to East Aurora February 3rd, for conference regarding the U-Haul area, sign infradtfons, crippled car storage, etc., in evidence at the Shell Gasoline Service Station on Main Street.

Trustee Robert B. Kelly asked if the grievances are.not resolved, is the village. prepared to seek court action. The Village Engineer agreed to this procedure.

Mr. Uno Elder, 26 North Willow Street, asked if the 40' buffer zone.at the rear of the Shell Station has been determined. The Village Attorney advised that research indicates the only reference to said buffer zone is in the minutes of the 12/3/62 Board meeting. Upon the question of Mr. Elder, the Attorney read the minutes of the 12/3/62 meeting as the),pertained to the Shell (Pettit) rezoning Public Hearing and reported that no action had ever been taken to create such a buffer, zone.

TheVillage Engineer reported upon a proposal in a letter dated 12/12/69 from Lozier Engineers, Inc., to supply an inspector for the Ontario Construction Company contract"to install reinforcing water mains and appurtenances.. The proposal offers to supply a chief inspector for $1500.00 per month and assistant inspector at $1400.00 per month for a total estimated job cost of $26,000.00. The engineer recon_.nendedthe use of just one inspector. Should the inspector be required toremain on the job r . East Aurora, New York February 2, 1970.

• --' beyond 8 hours a day, there would be •additional expense involved.

Trustee Walter E. Nicoioff moved, •secondedby Trustee RobertB. Kelly and unanimoHslycarried that the Village Engineer.be authorized to notify Lozier Engineers, Inc., to immediately supply one inspector at the rate of $1500.00 per month, the fee to be includedas part:of the capital project already approved.

The Village Engineer than reported to the Board that per a letter dated 1/28/70 Lozier Engineers, Inc., had _dvised that a request had been received . from On-Ontario Construction Company, the contractor of the said water line project,'for approval of its application for dispensation to work greater than 8 hours per day and 5 days per week as allowed by the New York State Department of Labor. The letter stated that the approval of the Village was required before their request could be granted and outlined three methods under which the cost of overtime inspection could be settled.

After further discussion Trustee Walter E. Nicoloff moved, seconded by Trustee Robbrt B. Kelly and unanimously carried that.. Mayor J. Forrest Cain be authorized to notify.Lozier Engineers, Inc. that the contractor On-Ontario Construction Company is hereby authorized to work 2 hours overtime per day and that the cost of overtime inspection by the inspector be deducted from the contractor's monthly estimate per alternative No. 3 contained in the 1/28/70 letter from " Lozier Engineers, Inc.

The Village Engineer reported thatthe.requested updating,of the Tannery BrQok flood control survey requested from Krehbiel, Guay, Rugg & Hall_ will be submitted at the February 16th.meeting.

Trustee Robert B. Kelly moved,•seconded•by Trustee Raymond A. Smith and unanimously carriedthat the annual Village Election.for 1970, be held on March 17, 1970,•in the lobby of the Village Hall.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and unanimously carried•that the following resolution be adopted:

WHEREAS, the nextgeneral village election for officers will be beld on March 17, 1970; and' :-WHEREAS, no person shall be entitled to vote atany Village election whose name does not appear on the register of the elections district in ""_ which he claims to be entitled to vote; and WHEREAS, it is the duty of the inspectors of election to prepare such a register of qualified voters for the district for which they are appointed; and' i_EREAS, section 4-426 of the Village Law of the State of New York requires that ever)_Village hold a registration day for eachgeneral Village election.-

NOW, THEREFORE, BE IT RESOLVED, that

First: Registration Day for the Village shall be held on Saturday, February 28, 1970. Second: Such registration day for the Village shallbe held at the office of the VillageClerk, Village Hall, from 12:00 noon o'clock to 9:00 P.M. o'clock. Third: Votingatthe forthcoming election for the Village shall be conducted 138 East Aurora, New York February 2, 1970.

at the Village Hall, 571 Main Street, East AUrora, New York.

Fourth: At least ten days prior to the registration day .set in this resolution , a copy of such resolution shall be published in the official newspaper and a copy shall be posted in at least one .qonspicious place in .such election district. Fifth: This reso1"ut'4"0nshall]t_ke effect "in_nediately.'

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and unanimously carried that the following Vi!lage Election inspectorsare hereby appointed for the annual Village E_eqtion, March 17, 1970, and for any other Village elections during the year: Inspectors Albert W. Booth, Jr., Chairman L_ona Bowers ..... iFlorence Burnett Catherine L. Smallback

Poll Clerks Virginia H. Stewart Milton O. Cederquist...... _. and that the pay[for such inspectors and.poll clerks Shall be at the rate of $15.00 per day for each day required forelection 0r'registration duties.

After-certification.and _erification of the 1969 _npaid taxes, '" Trustee David P. Elmer moved the following resolution:

WHEREAS, it appears from the account of unpaid taxes heretofore returned,by the Treasurer of the .Villageof East AUrora for"the year 1969z70 that the.following taxes still remain due and unpaid, to wit: (see exhibit filed in Tax Roll); and WHEREAS, no action has been commenced to recover said unpaid taxes pursuant to Section 144.0of the Real Property _ar¢Law of the State of NewYork and no.sale on account of said ua31_aidtaxeshas heretofore been held pursuant to law. NOW, THEREFORE, BE IT RESOLVED, that the unpaid taxes heretofore described shall be collected by a tax sale as provided in Title 3 of Article 14 of.the:Real Property Tax Law of the State of.New York AND IT IS FURTHER.RESOLVED that acopy of this resolution, duly certified by the clerk of the Village shall be transmitted forth-with to the treasurer of the Village with the accofintof such unpaid taxes and that the said treasurer of _he Village upon receiving such account and a certified copy of'this resolution be and hereby is authorized and direeted to publish in the official newspaper of'the Village once each week for three successive weeks, the last publication to be on or'before the 10th day of March, a notice of taxsale listing the real property upon which taxes are unpaid with the amount of the tax, :'i_terestand charges thereon and stating that such real property will, on a specific day not later than i0 days after the last day for publication of the notice of sale, be-soldat public auction at a designated place in the Village-to discharge the-tax, interest andoother charges which may be due thereon at the time of the sale and that the Treasurer continue the sale from day to day until so much of each parcel is sold as will. be sufficient to pay the tax, interest and charged.

The motion was seconded by Trustee Raymond A. Smith and unanimously carried with seven (7) votes.

--TrusteeRaymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that Mayor J. Forrest Cain be authorized to sign 159 East_Aurora, New York February 2, 1970.

a new fire hall lease with the East Aurora Fire Department, said lease to be effective"_o--.Janua_i,.1974.

Trustee Robert B. Kelly reminded the department heads that the 1970-71 budget estimates must be submitted by March i, 1970.

Trustee Robert B. Kelly, bargaining representative of this board with the Quaker Club Negotiating Unit, which represents the patrolmen, crossing guards and police matron, reported to this Board that the representatiVess of the said Quaker Club Negotiating Unit had accepted the counter proposals of this Board in regard to the terms of the fiscal 1970-1971 Labor contract.

Following a short discussion it was moved by Trustee-Robert B. Kelly, seconded by Trustee Walter E. Nicoloff and unanimously carried that the following resolution be adopted:

RESOLUTION i WHEREAS, this Board and the Q_er Club-Negotiating Unit have agreed to the terms and conditions of employment covering the police patrolmen, school crossing guards, and the police matron for the period between June i, 1970 and May 31, 1971; and WHEREAS the said agreement has been reduced to writing, NOW, THEREFORE, BE IT RESOLVED, that the terms and provisions of the said er_ploymentagreement between the Village of East Aurora and the Quaker Club Negotiating Unit covering said employees and the terms and conditions of their employment between June i, 1970 and May 31, 1971, are hereby ratified by this board; :and BE IT FURTHER RESOLVED, that Mayor J. Forrest Cain be -andhe hereby is authorized to sign and execute the said contract with the said Quaker Club Negotiating Unit on behalf of the Village of East Aurora.

The dog control report for the month fof January was received and ordered to be filed in the usual manner.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and unanimously carried that vouchers No. 829 through No. 870 in the .amount of $28,882.84 on the General Fund, and vouchers No. 190 through No. 199 in the amount of $3,504.72 on the Water Fund, as audited by the mayor and trustees, be paid.

Trustee .Raymond A. Smith moved, seconded by Trustee .Walter E. Nicoloff and unanimously carried that this meeting recess at 11:20 P. M., until 8:00 P. M., February 9, 1970.

East Aurora., New York _ February 9, 1970.

Minutes of the recessed meeting of February 2, 1970, of the Board of Trustees -"_of the Village of East Aurora, New York, held in the Board Room at the Village Hall, comer of Main and Paine Streets, East Aurora, New York, reconvened at 8:00 P. M. o'clock, February 9, 1970. 159 East_Aurora, New York February 2, 1970.

a new fire hall lease with the East Aurora Fire Department, said lease to be effective"_o--.Janua_i,.1974.

Trustee Robert B. Kelly reminded the department heads that the 1970-71 budget estimates must be submitted by March i, 1970.

Following a short discussion it was moved by Trustee-Robert B. Kelly, seconded by Trustee Walter E. Nicoloff and unanimously carried that the following resolution be adopted:

The dog control report for the month fof January was received and ordered to be filed in the usual manner.

Trustee .Raymond A. Smith moved, seconded by Trustee .Walter E. Nicoloff and unanimously carried that this meeting recess at 11:20 P. M., until 8:00 P. M., February 9, 1970.

East Aurora., New York _ February 9, 1970.

There were present the following: Messrs'.J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly;'.WalterE. Nicoloff and Raymond A. Smith, Trustees comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James: R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Village Engineer James R. O'Connor reported upon a conference with Mr. Richard Martin of the Shell Oil Company in reference to the Shell Gasoline Service Station on Main Street-east of 7_hbinterSegt_On of North Willow Street. Mr. O'Connor advised that the Shell Oil COmpany, as well as several Village _residents, are unhappy with the general operation of this service:station as regards housekeeping, signs, outdoor displays, etc. Mr. Martin assured Mr. O'Connor that the situation would be put in order on (St"before:the start o'fa new lease :effective July i, 1970. The Shell Oii Companp has agrded tO'take the le'adtoward correcting present merchandis- ing practices that are, in their opinion, not acceptable to modern :gasolinemarketing.

Mr. Martin agreed to keep Mr. O'Connor informed of progress and that a written report of proposed remedial work will be submitted. Discussion indicated that if said communication is'_ot received by-the Village Engineer by February 16th, the Village should pioceed i_mdiately by legal means to bring about cor_pliancewith the existing ordinances.' " ......

Trustee James W. Ford discussed the recent King Street-Peisons Street rebuilding program and also_he1969 sidewalk'installation and repair projects. Mr. Ford asked the Village Engineer to'i_nediately prepare th e .necessary assessment figures so that the required Public Hearing can be scheduled. _ ,. . ., After further discussion, Trustee James W. Ford moved, seconded by Truste'e•RgymondA. Smith "andunanimously carried that notices of assessment for curbs and-gutters and sidewalks on King Street and Persons Street and for siddwalk installation _and repair for 1969 be sent to the property owners of record and that a Public Hearing thereon be scheduled for 8."00 P. M., March2, 1970. _ ......

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and unanimously carried, that the Village Engineer be authorized.to immediately arrange with a gorveyor to determine the correct property lines of:the La_Teime E. Becker property, 564 Crescent Avenue, in order to determine the exact boundaries. ' "

Trustee"Neal Jacq_us noted that.the structure on the old MobilkService Station at the corner, of Buffalo Road and Knox Road has been:razed':And removed; thus improving the appearance of the area.

Progress of the remedial work on the Aurora Lanes Bowling Alleys previously discussed at a recent Board meeting came on for consideration. Being.as the present status 6f the-work is not known, the Engineer was asked to submit a progress report at the February 16th meeting.

Trustee David P. Elmer discussed the ice formation in Tannery.Brook east of and also at _he Pine Street Bridge during the recent brief thaw period. Mr. Elmer noted that the water softener discharge had kept the brook open below the Pine Street Bridge and suggested relocation of this line to a point further upstream above the bridge. This cha_ge could eliminate a serious %ce blockage under .the bridge.

It was also noted upon a report from Mr. O'Connor that the County of Erie will East Aurora, New York February 9, 1970.

remove gravel and debris lodged under the Pine Street Bridge as quickly as weather - permits.

Mayor J. Forrest Cain reported thai Erie County Legislator Arthur J. Carlsen in a letter, assured the Village that the County of Erie will continue to seek a suitable solution for the handling of Tannery Brook head waters. Mayor Cain therefore concluded that the Village application for the creation of a small Water Shed District 'is.accordingly still alive in the County Legislature.

Mayor Cain_repoCrtedan invitation from the United Fund to have one or more representatives of the Village attend their annual recognition dinner February 25th at the Hotel Statler in Buffalo.

Trustee David P. Elmer moved, seconded by Trustee Raymond A. Smith and unanimously carried that two employees of the Village, one representing the Quaker Club and one representing the D.P.W., be selected to attend the United Fund recognition dinner af Hotel Statler, Buffalo, February 25th, with expenses to be reimbursed according to Section 77B of the General Municipal Law.

Mayor Cain offered due recognition'to the East Aurora Fire Department and to the surrounding co-operating fire departments for their fine work at the scene of the explosion and fire at 578 OakavoodAvenue, February 5, 1970. The Mayor publicly thanked-all who had participated.

Grievance Day, scheduled for February 17th, came on for consideration. The following Trustees agreed to be in attendance:

Trustee Neal Jacobus i:00.- 2:00 Trustee James W. Ford i:00 - 2:00 Trustee Raymond A. Smith- 2:00 - 3:00 Trustee David P. Elmer 2:00 - 3:00 Trustee Raymond A. Smith - 3 :00 - 4 :30 Trustee Walter E. Nicoloff - 3:00 - 4:30 Mayor J. Forrest Cain to be on call.

Mayor Cain discussed the cumulative Police Activity Report for the year 1969, noting various highlights and trends in police services. After discussion the report was ordered to be filed.

Trustee Robert B. Kelly, in announcing that he was speaking as a citizen, not a trustee, read a letter addressed to the Village putting the Village on notice that the gas shut-off valve for his property at 244 Perry Street had been buried by the installation of sidewalks. Should damage to the dwelling occur by reason of not being able to shut off the gas at the street, Mr. Kelly advised that the Village would be held responsible.

After discussion of the possibility that other gas shut-off valves might not be readily located in case of disaster, agreement was had to ask the Iroquois Gas Company to make a_ailable a complete list of shut-off locations for structures • within the Village.

Trustee Robert B. Kelly moved, seconded by Trustee David P. Elmer and unanimously carried that the Aurora Junior Women's Club be granted permission to erect signs at the Circle _nnouncing their annual Red Stocking Review, said signs to be erected February 17th and removed March 9th, it being understood that the proceeds of this annual function East Aurora, New York February 9, 1970.

will be donated_%$''charitabieo_ganizations.

Trustee D_vid P. Elmer moved, seconded by Trustee Robert B. Kelly and unanimously cafrfed that this meeting adjourn at 11:23 P. M.

Sherwood, Village Clerl_.

East Aurora, New York. February 16 , 1970.

Minutes of the regular.meeting of the Board of Trustees of,the Village of East Aurora, New York,_Jheldin__theBoard Room at •the _Vil_lageHall, corner of Main and • Paine Streets, East Aurora, •New ,York, on•Monday evening_,February,16, 1970, at 8:00 P. M. o'clock. "

i There were present the following: •Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer ,_.JamesW. Ford:,Neal Jacobus,.Robert B.-Kelly, Walter E. Nicoloff and Raymond A.•'Smith,Trustees comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney, James R. O'Connor, Village Engineer _nd Henry A. Sherwood, Village Clerk.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the regular meeting of February 2, 1970, and the recessed meeting of-February 9, be approved as submitted and corrected.

The matter of the petitioned rezoning of 481 and-495 Main StreEt as aired at the Public Hearing February 2, 1970, came on for consideration. Mayor J. Forrest Cain suggested that the matter not be 'aEted.-uponat this meeting but be placed on the agenda o5 the March 2nd meeting when final 'action could be expected.

Anthony DiFilippo III, attorney for the petitioners, objected to such delay upon the grounds that relocation of one or more tenants of 481 Main Street is necessary, and time is an import_mt factor for this action•

Trustee James W. Ford moved, seconded by Trustee Dav@IdP. Elmer and unanimously carried that consideration of the petitioned zoning change of the properties_ at 495 and 481 Main Street be placed upon • . ". .•. the March 2nd, meeting agenda. " J Village Engineer James R. O'Connor reported upon the apparent objections to various business practices of the Shell Gasoline Service Station at the vorner of Main Street and North Willow Street. The•Engineer reported that to date there is no apparent•change _that would correct the alleged violations as previously reported by the Building Inspector.J "" ' " "- '

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and unanimously carried that the Village Engineer and the Village Attorney proceed i_ediately to prepare and file with the Village Police Justice the informations necessiry to .prosecute the owner and operator of the Shell Gasoline Station premises at the northeast corner of Main Street and North Willow Street for alleged violations of the Village Zoning Ordinance and East Aurora, New York February 9, 1970.

will be donated_%$''charitabieo_ganizations.

Trustee D_vid P. Elmer moved, seconded by Trustee Robert B. Kelly and unanimously cafrfed that this meeting adjourn at 11:23 P. M.

Sherwood, Village Clerl_.

East Aurora, New York. February 16 , 1970.

East Aurora, New York February 16, 1970.

_and the General Ordinances and that the parent company be so notified.-

Engineer O'Connor reported upon informal discussions with the New York State tDepartment of Transportation regarding a proposed traffic flow patternschange at and in the vicinity of the Circle. No formal report has a yet been received by the Engineer.

Engineer O'Connor reported that the rebuilding of the Aurora Lanes structure has not as yet been completed. Mr. O'Connor noted that an order has been placed for the required fire door, but said door has not been delivered. Electrical deficiencies have apparently been corrected in the rebuilt section of the building; however, the Fire Underwriters have not as of this date made an inspection.

It was reported that the New York State Water Resources Con_nissionhas approved an application.by Union Free School District No. 1 for the Villa_e of East Aurora to supply water to the new high school on Center Street and Sweet Roid. The necessary water mains and other appurtenances from the Village water supply tap to the school are to be supplied by the school system at no expense to the Village.

A list of findings by the Water Resources Board in appmoving the project was read to the Board and discussed in general. Specific questions were _sked by the Trustees concerning findings #4 and #8. As regards the estimated requirements of 57,000.gallons per day, referred to in finding #4, the minutes of October 20, 1969, indicate Village agreement to supply 45,000 gallons per day. Finding #8 referred, among other things to an expectancy that ultimately the Village water treatment plant would be p_aced on stand-by, and the Village would obtain all its water from the Erie County Water Authority.

After further discussion, Trustee Robert B. Kelly moved, Seconded by Trustee James W. Ford and unanimously carried that Mayor J. Forrest Cain be-authorized tO contact the New York State Water Resources Commission to informally getinformation regarding the said findings #4 and #8.

A si_ permit application by Carnival CarWash, 170 Grey Street, was considered.

.Trustee James W. Ford moved, seconded by Trsstee Walter E. Nicoloff and unanimously carried that inas much as the sign application of Carnival Car Wash doe_ ilotremotely follow the guidelines approved by this Board, the application be returned to the-applicant.

A proposal by Krehbiel, Guay, Rugg and Hall to update the Tannery Brook survey report was considered. The proposal offers to perform cost updating and supply new information for items B, C, D andE of the Krehbiel letter.dated November 26, 1969, for an amount of $3100.00.

Trustee James W. Fordmoved; secondedby!Ti'usteeDavid P. Elmer and unanimously carried,that an expenditure not to exceed $3100.00 to update the Tannery Brook survey,items, B. C, D and E according to Krehbiel's letter of November.26, 1969, be approved Bnd that said funds be transferred from account A290-650 to /1121-400to cover such costs.

The Village Engineer was authorized by consent to notify Krehbiel, Guay, Rugg and Hall

in writing of this matter. J i The matter of the proposed comprehensive sign ordinance came on for consideration. 144 East Aurora, New York February-16, 19_0.

Thomas Meldon, representing the Greater East Aurora Chamber of Con_nerce,advised that the Planning Commission and the Chamber of Commerce have scheduled a joint meeting on the matter for February 18th. Mr. Meldon stated that at this time the CHamber recommendations will be made to the Planning ConmLission. It is expected that the Village Board will receive a communication from said Planning Commission in time for the nex_ regular Board meeting.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that in view of the total destruction of the building at 578 Oakwood Avenue, February 12th, 1970, and the total destruction of all personal property therein, that the currently unpaid water bills being accounts #85A-5 in the name of Kurt Billington, $30.80; and 28B-5 in the name of William Westfall, $8.30 be cancelled; and the persons involved be so notified.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and unanimously carried that an overpayment of $2.50 for a verified tax certificate be refunded to C.'L. Lanich, Attorney, 881 Tonawanda Street, Buffalo. (See General Fund receipt #1529).

The-Police Report and the Fire Alarm Report for the month of January were received and ordered to be filed.

Mayor J. Forrest Cain moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that Garry Hahl be given a six month probationary appointment as Water Plant Operator, effective Febeurary 16th, at an annual salary rate of $7052.00.

It was noted that Mr. Hahl received a grade of 99 on the Civil Service Examination for this position.

Trustee Raymond A. Smith moved, seconded by T_ustee Walter E. Nicoloff and unanimously carriedthat Police Detective Philip McIntyre be authorized to attend the 1970 National Law Enforcement Academy Seminar on explosives and home made bombs in New York City, March 9, i0 and ii, 1970, and that expenses be reimbursed according to Section 77B of the General Municip_l Law.

A resolution made September 8, 1969, regarding alterations and additions to the Pavilion in Hamlin Park and the obligation of the Aurora Players to pay for part of same was. reconsidered. (See page 79) It was agreed that additional repairs and construction had been authorized by the Village; and, therefore, the Village should be responsible for this overage.

Trustee David P. Elmer moved, seconded by Trustee Robert B. Kelly and unanimously carried that a transfer of $487.30 be made from account A290-650 to A200-400B to accomodato payment by the Village for work performed in excess of the original agreement and that the said resolution of September 8, 1969, be hereby amended accordingly.'

Trustee David P. Elmer raised a question relative to the matter of unpaid taxes in the amount of $21.94 representing an unpaidwater bill assessed to Mr. and Mrs. W. J. Green, 771 East Fillmore Avenue, account @202-555. It was developdd in a discussion that this unpaid portion of the 1969_-70 Village tax represents an unpaid water bill left by a former tenant. By consent, the status of the records of this matter will be investigated. The Village Attorney clarified for the trustees the law applicable in such instances. 145 East Aurora, New York February 16, 1970.

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith" and unanimously carried that vouchers No. 871 through No. 930 in the amountof $71,526.49 on the General Fund, and vouchers No. 200 through No. 214 in the amount of $4,880.91 on the Water Fund, as audited; by the Mayor and Trustees, bepaid.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that this meeting adjourn at 10:40 P. M.

East AUrora, New York March 2, 1970.

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, March 2, 1970, at 8:00 P.M.

There were present the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees comprising a quorum of the Board; also Messrs. - Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the meeting of February 16th be approved as submitted and added to.

At 8:21 P. M., Mayor Cain declared open the Public Hearing on sidewalk assessments for 1969.

Mrs. James W. Ford, 243 Cazenovia Street, asked the condition to be expected of grading, seeding, etc., when the project is finished.

Mr. Leo McDade, 243 Perry Street, concurred with Mrs. Ford, and Mr. McDade stated that the sidewalks do not conform to the 4".specification. He believes that charges should not be levied until weather permits a proper inspection of the work performed.

Mr. Dale Trudell, 377 Fillmore Avenue, had more sidewalk replficedthan the estimate called for.

Mr. Richard Bradley, 598 Crescent Avenue, gave his opinion that sidewalks are a means of communication and of definite good to the public; therefore, sidewalk construction and repair is a needed service.

Mr. Niels Andersen, 219 Center Street, expressed his displeasure over the sidewalk program. Mr. Andersen asked how thick a.4" sidewalk is supposed to be. Also, was a "slump test" performed. Mr. Andersen complained that one of_the blocks replaced on his property was started one day and not finished'until later; and, therefore, the bond seam shows. Mr. Andersen concluded his remarks by stating his opinion that the sidewalk blocks replaced were better in quality than the new ones installed. 145 East Aurora, New York February 16, 1970.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that this meeting adjourn at 10:40 P. M.

East AUrora, New York March 2, 1970.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and unanimously carried that the minutes of the meeting of February 16th be approved as submitted and added to.

At 8:21 P. M., Mayor Cain declared open the Public Hearing on sidewalk assessments for 1969.

Mrs. James W. Ford, 243 Cazenovia Street, asked the condition to be expected of grading, seeding, etc., when the project is finished.

Mr. Dale Trudell, 377 Fillmore Avenue, had more sidewalk replficedthan the estimate called for.

Mr. Fred Lewis, 168 Sycamore Street, asked that the grading and seeding be completed.

Mr. Richard Depke, 453 Girard Avenue, corner of South Grove, asked the policy on corners, particularly as pertainsto how much a corneY property owner pays t_vard installation on the side street. Mr. Depke asked for a check of the footage replaced on the South Grove Street side of his property.

Trustee Robert B. Kelly, 244 Perry Street, speaking as a citizen not a trustee, objected to the short prior notice of work to be performed on his property. Mr. Kelly suggested that no assessment be levied until after proper inspections have been made.

At 9:07 P. M., Mayor Cain declared the hearing closed.

Trustee Neal Jacobus asked if a performance bond had been submitted by the contractor and was assured that it had. Mr. Jacobus also asked if all the work had been approved. The answer was no.

After brief discussion, Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith that the sidewalk assessments not be levied until ample opportunity is had for inspection of concrete thickness nor until grading and seeding has been accomplished, and that this hearing adjourn until June 8, 1970, also that the contractor, Cemulini Concrete Construction, Inc., be notified of the complaints as aired at this hearing.

Upon a vote of record: AYES NOES Mayor J. Forrest Cain Trustee David P. Elmer None Trustee James W. Ford Trustee Neal Jacobus Trustee Robert B. Kelly Trustee Walter E. Nicoloff Trustee Raymond A. Smith.

The motion was declared unanimously carried.

At 9:20 P. M., Mayor Cain declared open the Public Hearing on assessments for the installation of curbs and gutters on King Street and Persons Street.

Mr. Richard Bradley, 598 Crescent Avenue, felt that the assessrm_ntfor curb and gutter installation on the King Street side of his property is too high. It was established that 60' according to Village policy had not been charged to Mr. Bradley.

Mr. Joseph McComick, Jr., 585 Persons Street, asked if payments can be spread over a ten year period. Mr. McCormick was assured that this could be arranged.

Mrs. Paul Westfall, 565 Persons Street, advised that her lot has not been re-graded as yet. She also asked the payment period.

Mr. Howard Colkitt, 172 King Street, advised that a crack has developed in one of the repaired blocks.

Mr. Timothy O'Connell, 220 King Street, said-that a slab next to a tree was not laid the full width, and the snowplow is tearing up his iot. He also advised that his driveway apron was heaved. East Aurora, New York March 2, 1970. i Mr. Michael Carini, 196 King Street, advised that the sidewalk along the vacant lot on King Street is off grade and asked that the grade be finished.

Mr. John Leo, Jr., 188 King Street, objected to a manhole variance level resulting from the repaying and asked that this be corrected.

Mr. Robert Roth of Williamsville, owner of several properties on Persons Street, asked if the sidewalks installed on King Street and Persons Street were I/ made a part of the assessment. Mr. Roth was advised that only an assessment for curbs and gutters is to be levied. • _ "_

There being no one further to speak, Mayor Cain declared the hearing closed at 9:45 P. M.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer that an assessment of $4.00 per running foot for the installation of curbs and gutters on King Street and Persons Street be levied and that payment made be made as follows: Amounts under$300.00 - 5 yearly•increments; over $300.00 - up to i0 yearly increments with payments of $i00.00 per year not to exceed i0 years.

Upon a vote of record: ; AYES NOES _yor J. Forrest Cain " Trustee David P. Elmer None Trustee James W. Ford Trustee Neal Jacobus Trustee Robert B. Kelly Trustee Walter E.•Nicoloff Trustee Raymond A. Smith

The motion was declared unanimously carried.

At 9:50 P. M.,:Mayor Cain declared a five minute recess.

At 9:55 P•.M., the meeting reconvened.

The matter of a petition to rezone the properties at 481 arid495 Main Street to allow expansion and rebuilding of the Gulf Gasoline Service Station, came on for Consideration.

Attorney Anthony DiFilippo III, representing the petitioners, presented letters dated February 23, 1970 to the Mayor, Trustees and Village Attorney. Receipt of copies of these documents was acknowledged. Mr. DiFilippo discussed a February 2nd report fromErie County Planning Commissioner Ralph Barnes regarding the petitioned rezpning. Mr. DiFilippo asked the Trustees to find that this said report be declared a nullity according tothe provisionsof Section 239-m of the General Municipal Law.

Mr. Andrew Plier, 25 Park Place, advised that nearby residents do not object to the rezoning for the expanded Gulf Station, but they do offer some objection to the entire depth of the 481 Main Street plot being rezoned to "_'.

Mr. Thomas Asbury, 19 Park Place, suggested rezoning only a I00 foot deep area with the balance of the lot depth to remain "RC". Mr. Asbury then described present congested conditions'at the'exit of the Gulf Station and asked that the proposed new building be removed further to the west. 148 East Aurora, New York March 2, 19g0.

Mr. E. G. Fusia, 842 Oakwood Avenue, an employee of the Gulf Oil Company, advised that it is the intent of the Gulf Oil Company to imp_o-¢e a presently sub-standard gasoline service station by building a completely new expanded facility.

Trustee Neal Jacobus asked Mr. Pusia how it is determinedthat any good gaso-1 line service station can be considered an improvement to an area. This question received no answer. Mr. aacobus then con_ented upon the assessments of other reasonably new gasoline service stations within the Village to the effect that no important increase in assessment in the property involved can be expected. Trustee James W. Ford concurred in general with Mr. Jacobus.

Mr. Donald K. Wood, operator of the present Gulf Service Station, advised that his presentstation is quite unsafe as regards pedestrian traffic. The new station, as proposed, would eliminate the safety deficiencies ....

Mr. Jerrold Thompson, an occupant of 481 Main S_reet, concurred with Mr. Wood on the present safety conditions of the present Gulf Station.

At this paint •at 'the request of Mayor Cain, Village Attorney Howitt read a draft of a resolution including a li'stof findings concerning the proposed rezoning and a list of proposed amendments to the Special DevelopmentPlan.

Trustee Robert B. Kelly moved the following resolution, seconded by Trustee Walter E. Nicoloff:

WHEREAS, William P..-Franklin,Anthony DiFilippo, Arthur.Aungst, Jr. owners_mises known as 495Main Street and 481Main Street, East Aurora, New York, and Gulf Oil Company - U. S., contract .vendee of said premises, have petitioned this Board to amend .the Zoning Ordinance of the Village of East Aurora to reclassify said parcels of land from the present "R-C" zone classification as to 481 Main Street premises and from the present "C" zone classification as to 495 Main Street premises to place the same in the "C-_' General Commercial District; and WHEREAS,.the said petitioners have submitted with their said petition a development plan showing the extent, location and character of the proposed structures and uses intended to be placed on the said premises following any rezoning of the same: and WHEREAS, a public hearing,has been held by this Board following due notice7 postlng and mailing as required by statute upon the question of the rezoning of the subject premises; and WHEREAS, this Village Board, pursuant to Section ii.01 .ofthe Zoning Ordinance of thls-_age has authority to require that such a Development Plan be modified to insure its Compatibility with adjacentareas and may qualify its approval of any such amendments by •attachinga special endorsement thereto; and .... " • WHEREAWI_EREAS,,this Board has heard and received the recommendations.of the Village 'PlanningCommission, the Village Traffic Safety Committee, the Erie County Department of Planning per Ralph M. Barnes, Co,mtissionerof Planning, and has deliberateduponthe subject matter of this proceeding.

NOW, THEREFORE.,BE IT RESOLVED, as follows:

FIRST. That-this Village Board finds as follows: "

A. That.a gasoline service station is presently in operation as a legal non-conforming use on the'portion of the subject premises known as 495 Main Street, being the southwest corner of Main Street and Park Place East Aurora,_New York March 2, 1970.

and having a frontage on Park Place of I00 feet and a frontage on Main Street of 80.10 feet. B. Thai the proposed Development Pihn submitted with the petition herein shows.ample provisions for the nine (9) off-street parking spaces (2700 square feet) required by Section 6.00 B (i0) of the Zoning Ordinance of the Village of East Aurora. C. That the proposed gasoline p_p location is in compliance with Section 7.02 B of the said Zoning Ordinance.' D.That the said Development Plan indicates that the provisions of Section 7.08 of the Zoning Ordinance as to corner lots in a "C" (or "C-M") Zoning District have been complied with. E. That the provisions of Section 7.10 of the Zoning Ordinance as "to corner visibility are complied with by the said Development Plan. F. That the front yard shown on the said Development Plan is in compliance with the provisions of Section 5.03 D (2) and Section 5.035 D (2) of the Zoning Ordinance of the Village of East Aurora. • G. That the Village of East Aurora Safety Committee has examined the proposed Development Plan and has submitted no objection to the same other than a recommendation as to the size and location of one curb cut. SECOND. _hat this Village Board does hereby require that the Development 79-Tanas submitted by the petitioners herein be amended, as follows: A. That the premises proposed to be placed in the "C-_' (General Commercial District) Zone be limited to that portion of the premises known as 481 Main Street and 495 Main Street, as described in the petitioner's petftion as is shown on the Development Plan as covered with bituminous paving , which portion to be so included is described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Aurora, Village of East Aurora, County of Erie and State of New York, being part of Lot #23, Township 9, Range 6 of the Holland Land Company survey bounded anddescribed as follows : BEGINNING at the point of intersection of the southerly. line of Main Street as monumented in 1896 and the westerly line of Park Place, as laid out 49.50 feet wide, which point of beginning is the northeast corner of lands _conveyed to William P. Franklin herein by deed recorded in Erie County Clerk's Office in Liber 2982 of Deeds, page 246; running •thence southerly along the westerly line 6f Park Place I00 feet to _lhenortheast corner of lands conveyed to Helene M. Holmes by deed recorded in:Liber 3017 of Deeds page 93; thence westerly parallel with the southerly line of Main Street and • along the northerly line of lands so conveyed to Helene M. Holmes 81.90 feet to the northwest corner thereof; thence northerly along the westerly line of lands so conveyed to William i_. P. Franklin herein, i00 fee_ to the northwest corner of lands so conveyed to the William P. Franklin herein; thence easterly along the southerly line of Main Street 80.10 feet to the point of beginning, and also

ALL THAT TRAC.TOR PARCEL OF LAND, situate in the Town of Aurora,Village of --EastAurora,County of Erie and State of •NewYork, being part of Lot No.•23, Township .9,Range 6 of the Holland Land Company's Suryey, more particularly bounded and described as follows: . ' BEGINNING at a point in the southerly line of Main Street, East AUrora, New York March 2, 1970.

'of a width of sixty-six (66) feet (formerly Big Tree RQad) as -- • monumented in 1896 and as it now exists one hundred five and twenty-five hundredths (105.25)feet westerly from the intersection of the center line of Park Place (formerly known as " Peek Street) and the south line of Main Street as measured along the _southerly-line of Main Street; running thence southerly a deeded distance of (formerly) one hufidredforty-seven and five-• tenths (147.5)•feet, a measured distar_ceof one hundred fifty-six and f6ur-_enths (156._4)feet along the westerly line of lands formerly owned by Abram Devine and to the north line of lands formerly owned by Frank L. Kelsey as conveyed to h.imby deed recorded in Erie County Clerk's Office in Liber 391 of Deeds at Page 43@; thence westerly parallel with the south line of Main Street a distance.of seventy (70) feet •to a stake; running•thence northerly along a line parallel with the east line of lands formerly•owned by Jedidiah Darbee a distance of approximately one hundred fifty- six and four tenths (156.4) feet to the south line of Main Street; _._ running thence easterly along the south line of Main Street a distance of seventy and thirty-five hundredths (70.35).feet to the point of beginning.

B That no existing trees_now growing in the right of way of Main Street be removed•and that this condition be added to the Deve!opment.plan. C. - That no sign, other than one pedestal signstating the identity of the Oil Company and one.sign affixed flat-against the front •of-the gasoline station also stating the identity of the:Oil Company, shall-be erected,•dis- p_ayed or permitted to exist on the subject premises, and that this condition be added to the Development Plan. D. • That no tire racks, tire marts or tire storage cabinets of any kind or nature be permitted to be located on the subject premises outside the gasoline service station, and that all references to outside tire cabinets be eliminated from the Development Plan. E. That the curb cut on Park Place be _imited to 20 feet in width and that the north end 6f the said Gurb cut be located 35 -feet south of the south curb line of Main Street, and that this amendment,be added to the Development Plan. F. That no U-Haul trailers and/or U_Haul trucks or rental trailers and/or trucks of any nature be permitted to stand for hire or .rental or for any similar purpose on the gasoline service station premises at any time, and that this condition be added to the Development Plan. • G. That the light,on the premises b_ mercury vapor, lights of colonial design which shall co_ply with the East Aurora Zoning Ordinance, and that this condition be added to the Development Plan. H. That there be a solid fence or landscaped screening at least six feet in height i_ediate!y adjoining the portion of premises to be rezoned •herein when the same abuts the "R-C" District as required by Section 7.001 D of the •ZoningOrdinance and that this condition be added to the Development Plan. I. That the present fire hydrant at or near•the present gasoline pump island shall be moved to the position shown on the Development Plan at the expense of the petitioners and at no expense to the Village of East Aurora and in accordance with the direction of the Village Engineer. _IRD. That _it is in the best public interest that the westerly 35 feet of e_-_--_-ubjectpremisesand the portion of the same lying south of a line parallel with Main Street and approximately 156.4 feet southerly from the south line of Main Street be excluded from the current rezoning and East AUrora, New York March 2, 1970.

remain in their current "R-C" (Residence - Restricted Business District) zoning classification. FOURTH. That it is in the best interest of the Village of East Aurora to prow-_or the rebuilding and improvement .of the gasoline service station at the southwest corner of.Main Street add Park Place by a conditional rezoning pursuant to Section ii.01 of theVillage of East Aurora Zoning Ordinance than to invite an application for a variance to be made to the Zoning Board of Appeals as recon_nendedby the Erie County Department of Planning in its report to the Board in this matter. FIFTH. That the proposed structure as shown o_ _the Development Plan would 5_--i-nviolationof Section 7.02 and 5.035 D of the Zoning Ordinance, both of which require a distance of 25 feet between the gasoline service station building and the south boundary line of the 495 Main Street portion of the subject premises. SIXTH. That the reclassification of the portion of the subject premises describ-_n part Second A of this Resolution pursuant to Section Ii.01 of the Zoning Ordinance o-o-i_isVillage provides adequate safeguards as to sign control, set-back and business control. SEVENTH. That the portion of the subject premises described in part Second--_is Resolution be and the same are rezoned so as to place the same in the "C-M_' (General Commercial D_strict) of the,Village of East Aurora (a) subject to the development of the said premises in accordance with the Development Plan as amended by Part Second of this Resolution, which amended Development Plan is hereby approved and attached to this resolution as a special endorsement hereto, and (b) subject to the petitioners applying for and obtaining a variance from the Zoning Board of Appeals of the Village of East Aurora in regard to the yard set-back violations referred to in Part Fifth of this resolution, by, on or.before May _iS, 1970. --EIGHTH. That any future additions to the Development Plan as amended and appro_herein as so amended be submittedto this Board as required by Section ii,.01of theVillage Zoning Ordinance and that this provision be added as an'endorsement to this approving resolution.

Upon a vote of record: -• AYES NOES Mayor J. Forrest Cain Trustee David P. Elmer Trustee James W. Ford Trustee Neal Jacobus Trustee Robert B. Kelly Trustee Walter E. Nicoloff ._ Trustee Raymond A. Smith.

The resolution was declared carried. -

Trustee Elmer gave his minority opinion that the Special Development Plan is deficient in that the "Zee" property on Park Place shou_dbe acquired to make the present requirements conform withput the necessity of obtaining a variance from the Zoning Board of Appeals. Mr. Jacobus agreedwith Mr. Elmer. • . , ;- , .. It Was reportedby the Eillage'Engineer and Village Attorney that objections to certain appar@nt zoning and general ordinancesviolations by the SHell Gasoline Service Station have beengiven .tothe Village prosecuting attorney. The attorney advised that this matter should not be discussed further until the time of litiga- tion. ..

Certain findings of the New York State Water Resources Comnission regarding a permit for the Village to supply water to the new Union Free School DiStrict #i on k , East Aurora, New York March 2, 1970."

Center Street were discussed by Mayor Cain. As regards Finding #4, the daily gallon- age peak flow was increased from 45,000 gallons to 57,000 gallons per day asan estimate of_the B.O.C.E.S requirement. It is assumed by the Water.Resources Commis- sion that the 45,000 gallon peak will be adequate. As regards Finding #8, the Water . Resources Commission used a quotation from a prior hearing concerning the possible £uture supplying of water to the Village by•.theErie County Water Authority, and it was suggested that this;finding could be more accurately,clarified by the substitution of the word "may'"for 'Mill" as follows: .

"8. Ultimately, it is expected that water supply,and distribution mains of the Erie.County Water Authority will "extend into :this area, at which time the existing water supply works of .theVillage may be placed on standby status and -the full water supply requirements for the school and the village will be taken .fromthe Authority's facilities."

The Village'Clerk-Treasurer reported upon his investigation of an objection by William J. Green, 771 East Fillmore Avenue, of having an amount of $24.37 added to his 1969-70 tax bill. The investigation indicates that this amount, which includes penalties to •date,represents uhpaid water,charges •incurredby a former occupant of the property. The investigation further indicates that the Village acted with pro- priety and within its obligation in making this assessment.. The ;-VillageAttorney advised that Mr. Green, the,present owner of 771 East Fillmore Avenue, by con_plying with Section 1412-h 6f :the Real Property Tax Law, can make it possible for the Village Board, if it so desireS, to cancel'and rebate this charge..

Trustee David P. Elmer moved, "secondedby Trustee James W. Ford and unanimously carried that'the unpaid taxes levied against 771 East Fi].ImoreAvenue, account #202-555 in the amount of $24.37, be disposed , of according to Section 1412-h of the Real Property Tax Law, providing Mr. Greeff'electsto follow this procedure. o Trustee Raymond A. Smith.moved, seconded by Trustee David P. Elmer and unanimously carried that the Village Polide Chief be authorized to advertise for bids for the purchase of a 1970 Police cruiser.

Mayor Cain presented the signed contract for 1970-71 from the Department of Public Works Association.

Trustee Walte_ E. Nicoloff moved, seconded.bY Trustee Raymond A. Smith and unanimously •carried, that the contract signed by Mayor Cain and the DPW representatives, be approved as submitted. _

The Dog Warden's report for the month of February was received and ordered to be filed.

Trustee Robert B. •Kelly moved, seconded by Trustee Walter E..Nicoloff and unanimously carried thatvouchers No. 931 through No; 978 in the amount of $48,179.38 on the General _und, and vouchers No. 215 through No. 226-in the amount of $4,945.46 on the Water Fund, as audited by the Mayor and Trustees, be paid.

Trustee David P. Elmer moved, seconded by Trustee Raymond A, SMith and unanimously carried that this meeting recess at 11:40 P. M., uritil8:00 P. M., March 9th. l

:... Henry _. Sherwood, Village Clerk. r East Aurora_.New York March 9, 1970.

Minutes of the recessed meeting of March 2, 1970, of the Board of Trustees of the Village of East Aurora, New.York, held in the Board Room at the Village Hall, corner of Main and Paine Streets , East Aurora, New .York, reconvened at 8:00 P. M., March 9, 1970.

Th_=m were present the following: Messrs. J. Forrest Cain, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Robert B. Kelly and Raymond A. Smith, Trustees comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Absent was Trustee Walter E. Nicoloff.

Mayor Cain reviewed the assessment'complaints presented by three property owners on Grievance Day, February 17, 1970. Each'had been given the legal form to execute and return, but _o date none has been retUrned.

Trustee James W. Ford advised that Mr. Robert Dauer, representing the Aurora Village Shopping Center, Inc., indicated that he would file within I0 days. Said _etition not having been received, the matter is apparently closed for the Shopping Center property.

• It was further found after considerable detailed discussion that the matter of reviewing grievances should be closed because none of the three grievers has filed the necessary information.

A request by the Automotive Crash Injury Research Division of Cornell Aero- nautical Laboratory asking the Village Clerk's office to supply copies of certain accident reports on a cost basis was considered.

• After considerable discussion •Mayor J. Forrest Cain moved, seconded by Trustee Neal Jacobus and carried with no negative votes that copies of accident reports as requested be furnished the AutomQtive Crash Injury Research Divisi6n/of Cornell Aeronautical Laboratory fre@ of cost until June i, 1970,-after which date a "" reappraisal of the'cost will be reviewed. =

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that changes in the officer personnel of the East Aurora Quaker Club be recognized by the Board and that authority be given the Village Treasurer to pay over dues ." check-off moneys to the new secretary-treasurer, Donald Swyers.

It was reported that the probationary period of Fire Dispatch Clerk Robert Hollowood has expired. The trustees will review Mr. Hollowood•'sperformance record at the March 16th meeting_ ,

A letter dated February 26, 1970, from Lozier Engineers, Inc., regarding the reluctance of the On-Ontario Corporation to pay the overtime fees for _he job inspector was considered.

Trustee James W. Ford moved, seconded by Trustee Neal Jacobus and carried with no negative votes, that the motion of February 2, 1970, regarding Alternative #3 contained in Lozief's letter of January 28, 1970, letter be amended by r@movfng Altei_ative #3 and that ilternative #i be substituted therefore.'(See page 137:February 2, 1970 meeting)

According to the conditions of a resolution of this Board in 1955, Village EAst= Aurora, New York March 9, 1970. ' ""-_

Attorney Walter W. Howitt tendered his resigBation effective April 6, 1970. Mr. Howitt indicated an interest in being re-appointe_ Village Attorney for the 1970-71 year. Mr. Howitt's letter of resignation as read by the Mayor was ordered to becomea part of the record.

A letter dated February.20; 1970, from Mobil 0_i Company was considered._.The letter refers 'toa request by the Village to remove certain tire storage and sales racks from their new Hamburg Street Gasoline Service Station property. • '

After considerable discussion, Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried with no negative votes, that a conm_nication to be prepared by the Mayor and Village Attorney be forwarded to the Mobil Gasoline Service Statoon on Hamburg Street -, _equesting.,saidstation operator to remove certain tire storage racks installed on their property as being a violation of the Zoning Ordinance and the Special Development Plan for this said gasoline service station and that.a copy of Said communication be forwarded to the Mobil Oil Co_po_atign., .-, ..

Village Engineer James R. O'Connor reported upon his memo to the.trustees regarding a proposed traffic pattern change at the Circle. A report Mr. O'Connor received from Donald Gravener of the N.Y.S. Department of Transportation ina_cates the plan not ho be feasible or appropriate at this time in the opinion of the Depart- ment of Transportation.

After considerable discussion .TrusteeJames W. Ford moved, -- secondedby Trustee Robert B. Kelly and carried with no negative votes, that the matter of a report from.the N.Y.S. Traffic Cor_ais- sion regarding a proposed traffic fl_¢ pattern change in the Circle area be referred back to the "701" Committee for'said committee's review and consideration, said reportto be returned to this Board.by April 20, 1970._ -." ......

Trustee.David P. Elmer .moved, seconded by rrsstee Jame_ W. Ford - and carried with no negative votes that:the Village ask-the Mobil Oil Company for a stay of 60 days before proceeding with their disposition plans of the property..of the old Mobil Station at the corner of Knox Road and.Buffalo Road.-.- ; .-. .

Trustee Neal Jacobus asked to have the building-inspector present a plot plan of the old Mobil Station..propertyat-the corner of Buffalo Road aridKnox Road showing possible locations of comnercial uses on the premises. So agreed. i .Trustee David.P.-Elmer.moved; seconded by Trustee James W. Ford and carried with no negative votes, that ,_hePlanning Co_nission be •asked to consider the future expansion of Hamlin Park including the advisability of acquiringproperties on the west side-of-the Park north of the parking lot andalso the.advisability _of acquiring the present school property at the south end of the park should sucllpropertybecome available.

.Trustee I_bert.B. Kelly .moved,,seconded by Tr_tee James W: Ford and carried with no negative votes,that the East Aurora Fire Depart- ment Fire Alarm Co-ordinator, Floyd Rosenberg, be authorized to attend the March 19th Village Official's meeting at Lancaster, w$th expenses to be -- reimbursed according to Section 77-B of the General Municipal Law. East Aurora, New York March 9, 1970. __

Trustee David P. Elmer moved, seconded by Trustee Robert B. Kelly and carried With no negative votes that an easement arrangement to install a water-linealong the Foss property, 20' strip along the boundary line of Foss Motors, Inc., and the Penn Central Railroad, for a consideration of $500.00 be noted and approved.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that this meeting adjourn at 10:59 P. M.

East Aurora, New York March 16, 1970.

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner 6f Main and Paine Streets, East Aurora, New York, on Monday evening, March 16, 1970, at 8:00 P. M.

There were present the following: Messrs. J. Forrest Cain, Mayor presiding; James W. Ford, Neal Jacobus, Robert B. Kelly, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quort_ of. the Board; also Messrs. Walter W. Howitt, Village Attorney, James R. O'Connor, Village Engineer and Henry A. Sherwood, Village Clerk.

Absent was Trustee David p. Elmer.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried, with no negative votes, that the minutes of the regular meeting of March 2nd and _he minutes of the recessed,meeting of March 9th, be approved as submitted and altered.

Mayor J. Forrest Cain called for the opening of bids for the purchase of a 1970 Police cruiser. The only bid received from H. R. Hunt Motor Cdrporation, offered to supply a 1970 Ford Custom Four-door Sedan for $2918.36 with a trade-in of $350.00 for a 1967 Ford making a net cost of $2568.36. ,•

Trustee Robert B. Kelly moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that the bid of H. R. Hunt Motor Corporation be received and referred to the Engineer for examination for report later in this meeting and that the $350.00 trade-in be accepted.

The matter of probationary performance of Robert Hollowo0d as Fire Alarm Clerk was considered.

Trustee Robert B.-Kelly moved,• seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that Robert Hollowood, having•satis- factorily completed his probationary period as Fire Alarm Clerk, be given _emanent Civil Service appointment effective April i, 1970, at a rate of 2.85 per hour.

Upon the motion of Trustee Raymond A. Smith, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the request

of the East Aurora Jaycees to conduct their annual Easter Egg Hunt East Aurora, New York March 9, 1970. __

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that this meeting adjourn at 10:59 P. M.

East Aurora, New York March 16, 1970.

Absent was Trustee David p. Elmer.

The matter of probationary performance of Robert Hollowo0d as Fire Alarm Clerk was considered.

Upon the motion of Trustee Raymond A. Smith, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the request

of the East Aurora Jaycees to conduct their annual Easter Egg Hunt East Aurora, New York March 16, 1970. - -

March 28th in Hamlin Parkbetween _he hours of i:00 P. M. and 2:00 P.M. %:.,."_begranted, it being agreed that the East Aurora Jaycees will strpervise the event and be responsible for cleaning the area after,the Easter Egg Hubt is finished.

Mayor Cairnexplained the plan of the Erie.County.Refuse Agency to test the new pilot Torrax high temperature incinerator now being constructed in the Town of Orchard Park.

Following a discussion, the following resolution was moved by Trustee Walter E. Nicoloff: .....

WHEREAS, the Erie County Refuse Agency has a requirement for up to 75 tons per day of curb-collected garbage and rubbish to test its pilot Torrax high temperature incinerator now being constructed in the To_n of Orchard Park; and WHEREAS, the said Erie County Refuse Agency has offered to accept _ loads o-_ curb-collected garbage=and rubbish from the Village of East Aurora and six other towns and villages in the Orchard Park, Hamburg, East Aurora area at no expense to the respective municipalities; and . WHEREAS, this Village desires to co-operate with the said- Refuse • Agencyan--_--d--_appearsthat there will be no conflict with _he current arrangement with Hugh Smith, d/b/a Comnunity Disposal Service, Inc., to which this Village •deliversrubbish and garbage, NOW, THEREFORE, BE _ RESOLVED that the Village of East Aurora acceptt--_eo--_the--Erle--Co--_Refuse Agency to receive delivery of refuse and garbage picked up at the curb side from time.to time by the Village for incineration in the new pilot Torrax high temperature incinerating system at no expense to the Village of East Aurora as required by the said Erie County Refuse Agency.

This motion was seconded by Trustee Raymond A. Smith-aridupon being put to a vote was carried with no negative votes.

Trustee Walter E. Nicoloff moved, seconded by Trustee RRobert B. Kelly and carried with no negative votes that the East Aurora Fire Department be granted perm_sion to use Hamlin Park for the period Monday, June 22nd, through Sunday, June 28th, for the conduct of their annual Country Fair and Carnival

Trustee Neal Jacobus commented that certain power poles erected for carnival use in the park should be located in more inconspicious locations. So agreed.

The Police and Fire Alarm report for the month of February was received and ordered to be filed.

Mayor Cain read a com_nunicationfr_n Police Chief Waltz asking for the addition of another Police Patrolman necessit.atedby increased activity of the department. Chief Waits requests the manpower increase as of June i- 1970. __

By consent, the trustees Will have a Budget Work Session at 7:30 P. M., March 23rd.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond'A. Smith and carried with no negative votes, that due to a met-er-readingerror, a r , , East Aurora, New York March 16, 1970.

a credit due the Erie County Concrete Forming Corporation, 400 Olean Road, water account #35A0 - 16 be refunded in the amount of $433.66.

Trustee Raymond A. Smith moved, seconded by Trustee Robert B. Kelly and carried with no negative votes, that the Dog Control Contract with Robert Bove for the period March i, 1970, through May 31, 1970, being in order, the same be approved and the Mayor be authorized to affix his signature thereon.

The inoperable motor vehicle storage prob,lemwithin the Village came on for lengthy discussion.

Trustee James W. Ford suggested that instead of a monthly check by the Police Department, a weekly clean-up campaign be instituted.

Trustee James W. Ford moved, seconded by Trustee Neal Jacobus and carried with no negative votes, that the Village Engineer be authorized to advertise for bids for the purchase of a one-ton dump truck, said bids to be opened at the April 6th Board meeting.

The Village Engineer reported upon his examination of the bid by H. R. Hunt Motor Corporation to supply a 1970 Police cruiser.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that the bid of H.,R. Hunt Motor Corporation to supply a 1970 Ford CustomnFour-door Sedan for an amount of $2918.36 less $350.00 trade-in for'a 1967 Ford, being in order, the same be accepted and the order placed immediately.

Trustee Robert B. Kelly moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that Board members and also the Village Clerk, Village Engineer and Village Attorney, be authorized to attend Congressman McCarthy's meeting in Washington, D. C., April 9th and 10th, 1970, with expenses to be reimbursed according to Section 77B of the General Municipal Law.

Trustee Robert B. Kelly moved, seconded by Trustee'Raymond A. Smith and carried with no negative votes that vouchers No. 979 through No, 1049, in the amount of $24,148.65 on the General Fund and vouchers No. 227 through No. 238 in the amount of $8,i96.74 on the Water Fund, as audited by the Mayor and Trustees, be ordered tobe paid.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting adjourn at 10:35 P. M.

A._erwood, Village Clerk. 15_S.:,

I r !

CERTIFICATE OF CANVASS

THIS IS TO CERTIFY that an Annual Election was held at the Village Hall,

571 Main Street, in the Village of East Aurora, on the 17th day of March, 3970.

That at such election the total number of votes was _

That 3 _-_ votes were cast for J. Forrest Cain, for Mayor for two (2)years.

That _ votes were cast for Robert B. Kelly for Mayor for two (2) years.

That ._ votes Were cast for Vladimir E. Nicoloff for Trustee for two (2) year

That _q_ votes were cast for James W. Ford for Trustee for two (2) years.

That _3 votes were cast for David P. Elmer for Trustee for two (2) years.

STATE OF NEW YORK ) ( SS: COUNTY OF ERIE )

We, Albert W. Booth, Jr., Leona Bowers, Florence Burnett and Catherine

L. Smallback , being duly sworn, depose and say: each for himself, was an

Inspector of Election at the Annual Village Election held in pursuance of the

annexed notice, and that the foregoing is a true canvass of the votes cast

at such election.

_A_oert W. Booth, Jr. / Florence Burnett

Catherine L. Sraallback Leol_a Bowers

Subscribed and sworn to before me th_s- _ _ - day of MarCh, 1970.

Publfc OATH OF POLL CLERKS

STATE OF NEW YORK ) ( SS: COUNTY OF ERIE )

VIRGINIA H. STEWART and MILTON O. CEDERQUIST, each do solemnly swear:

that we are citizens of the Village of East Aurora, Erie County, New York;

that we will support the Constitution of the United States, the Constitution

of the State of New York; that we will faithfully discharge the duties and offic

of Poll Clerks at the Annual Village Election of March 17, 1970, according to

the best of our ability. We do further swear that we will not in any manner

request or seek to persuade or induce any elector to vote in any particular

manner; that we will not take or keep any memorandum or entry of anything

occurring within the booth; that we _iwillnot, directly or indirectly, reveal

to any person how any electors voted, or anything occurring within the voting

booth except we may be called upon to testify in a judicial proceedings

for a violation of the Election Law.

_gi6ia H. Stewart

Subscribed and sworn to before me this /7 day of March, 1970.

NOla_yPublic,St;.ea_NewYark _ualifiedinErie ...... My'c_m_,_ _pi,es_.c_-So;_ ...... OATH OF INSPECTORS

STATE OF NEW YORK ) ( SS: COUNTYOF ERIE )

We, ALBERT W. BOOTH, JR. , FLORENCE BURNEqS, LEONA BOWER and CATHERINE

L. SMALLBACK, solenmly swear that we will support the Constitution of the

United States and the Constitution of the State of New York; that we will faithfully discharge the duties of the Office of Inspectors of Election at the Annual Village Election of the Village of East Aurora, held on March 17,

1970, according to the best of our ability. We do further solemnly swear

that we will not in any manner request or seek to persuade or induce any

elector to v6te in any particular,manner; that we will not make or keep any

memoranda or entry of anything occurring within the booth; that we will not

directly] or indirectly reveal to any person how any elector voted, or anything

occurring within the voting booth, except that we may be called upon to

testify in a judicial proceeding for a violation of the Election Law.

• Booth, Jr. _,/

Florence Burnett

Leo_naB_er_-/_

Subscribed and sworn to before me

Iv / ' Notary Public.

//.ENRVNota_ PublicA.,s.E.wStale o! i'_oog _ Qua ified ;:: EIie CounW _y Commi;_iol__pires MarcJ__ |9.._Ir. 189

East Aurora, New York April 6, 1970.

Minu_es of the annual meeting of the Board of Trustees of the Village of East Aurora, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New york, at 8:00 P. M., (EST) on Monday, April 6, 1970.

There were present: Trustee Raymond A. Smith, Neal Jacobus and hold over Trustee James W. Ford and Vladimir E. Nicoloff, constituting a quorum of the Board.

Hold over Trustee David P. Elmer was absent, but had advised that he would join the meeting a quickly as possible, having been held @p by the tie up in air transportation.

Trustee Raymond A. Smith, Neal Jacobus aridhold over Trustees James W. Ford and Vladimir E. Nicoloff noted the absence at the meeting of the mayor and deputy mayor, due to the resignation of mayor-elect Robert B. Kelly, as Trustee and Deputy Mayor, to be eligible to take his oath as the newly elected mayor of this Village.

Mr. Kelly: Ladies and gentlemen, I am not officially opening the meeting as the procedure this evening is somewhat different from former meetings. At this time I would like to have the Village Attorney explain the need for the change.

Mr. Walter W. Howitt, Village Attorney then explained the need for the change in procedure required by Section 80 of the Village Law and read the section of the Village Law pertaining to the swearing in of the newly elected mayor.

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried with four (4) affirmative votes, that Trustee James W. Ford be appointed acting-mayor and temporary chairman of this meeting until mayor-elec,t_er_t B. Kelly has qualified to act as mayor_

Acting deputy mayor and temp6raPy chairman James W. Ford announced that the first order of business at this annual meeting of theBoard of Trustees, was the installation of the newly elected mayor and re-elected trustees. Acting deputy mayor and temporary chairman James W. Ford then introduced Village Police Justiee Edward M. Zi_nerman, who proceeded to administer the constitutional oath of office to Mayor Robert B. Kelly. Following the signing of the oath of office and congratulations to the newly elected mayor, Police Justice Zi,_nermanadministered the oath of office to Trustees James W. Ford and Vladimir E. Nicoloff, who signed the oath of office and were congratulated on their re-election.

Mayor Robert B. Kelly then assumed the chairmanship of the meeting and thanked the people-for making it possible for him to become mayor and promised to Work with the trustees and the people as closely as possible during the coming two years. He asked that the people feel free to come to the meetingsd and come to him in 'the office at any time they had matters 'they wished to discuss. _He-promised that he would have hours at the office in the Village Hall at least,one night a week and possibly two, and on Saturday mornings, for the people who wished to come in and •could not contact him during the week, and that any problems that might arise would be handled as quickly and efficiently as possible. _ :

•Gentiernen,I have here a copy of the minutes of the previous meeting of March 16, 1970. I believe you all have copies of these minutes and I will entertain a motion to approve same, before We proceed with the other business •of the meeting.

j ' Trustee Ray_nondA. Smith moved, seconded by Trustee James W. Ford and carried with no negative votes_ that the minutes of the meeting of March 16, 1970, be accepted. 160

The following resolutions were thereupon enacted:

Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford, that upon the recommendation of M@yor Robert B. Kelly, Miss Dorothy F. Rosen be appointed as Village Clerm-Treasurer, Receive_ of Taxes and Registrar of Vital Statistics for a te_n to end April 3, 1972. The motion was carried with no negative votesandMiss Rosen was then • administered the oath of office by Police Justice Edward M. Zin_nerman.

Trustee Neal Jacobus moved, seconded by Trustee Raymond A, Smith and carried with no negative votes, that Mr. Walter W. Howitt be appo.',_nted as Village Attorney for the ensuing year.

Mayor Robert B. Kelly advised that the motion to appoint an Acting Police Justice would be held open for a week until additional information could be obtained and a decision reached. "

Trustee Walter E. Nicoloff moved, seconded by Trustee James W. Ford and carried with no negative•_otes, that the official depositories for Village fun_s will be as follows: East Aurora Office "of the Marine Midl/nd Trust Company; East Aurora Branch of the Liberty National Bank and Trust Company and the East Aurora Branch of the Manufacturers and Traders Trust Company.:

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative yotes,•that theEast Aurora Advertiser be named as the official newspaper of the Village.

Trustee Neal JAcobus moved,•seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that the regular meetings of the Village Board be held on the first and third Monday of each month at 8:00 P. M., except the first Monday of September; The first September meeting will be held on Tuesday, September ist, and the second meeting on Monday, September 21st.

Trustee Walter E. Nicoloff moved, seconded by Trustee Neal Jacobus and carried with no negative votes, that Trustee Raymond A. Smith be appointed Board representative to the Boy's Club. _......

Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford and carried with no negative votes, that the Village adopt Daylight Saving Time for 1970_ in accordance with the schedule adopted by thee State of New York.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that the following be authorized to attend the Conference of Mayors' annual meeting, May 31st - June 4th, at Grossinger, New York: Mayor, Trustee, Attorney, Clerk, Engineer and Police Justice.

Trustee Neal Jacobus moved,'seconded by Trustee Raymond A. Smith and carried with no negative votes, thatthe following be authorized to attend the eight (8) meetings of the Erie County Village Officials Association during the ensuing year: Mayor, Trustees, Clerk, ENgineer,. Assistant to the Engineer, Attorney, Police Chief, Police Captain, Fire Chief or his representative, Deputy Clerk, Police Justice'and Acting Police Justice. East Aurora, New York April 6, 1970.

Trustee James W. Ford moved, seconded by Trustee Raymond A. S_iith and carried with no negative votes ; that Mahaney & Co., a firm of •Certified Public Accountants, be engaged to audit,the Village books and do other accounting work as directed/ during the ensuing year.

Trustee Walter E. Nicoloff moved, seconded by Trustee Neal Jacobus and carried with no negative votes, that the Police Justice and Acting Police Jus{ice be notified to submit the Police Dockets f6r examination by the Trustees at the regular meeting of May 4, 1970.

After c_siderable discussion on the question of proposed,sewer rates for users outside the Village, Trustee Raymond A. Smith moved, seconded by Trustee•Neal Jacobus and carried with no negative votes, that a rate of 1-1/2 •times the rate charged the Village residents for sewer service, or $7.50 per $i,000 assessed valuation, whichever is greater, be charged for sewer users outside the corporate limits of the Village, and that a $_00.00 tap-in fee for new outside users be charged unless otherwise specified by contract.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that _he Police Chief be authorized to attend the Annual Conference of Police Chiefs of the State of New York, to be held in Albany, "New York, this year.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that Village Clerk Dorothy F. Rosen be designated as _he Assessor for the year 1970-71, with the operation of said duty to be retained by the office of the Village Engineer,

Trustee Raymond;A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried,with no negative votes, that Elizabeth Boland and Kenneth Howe be appointed as Sub-Registrars of Vital Statistics for the ensuing year.

After disc6ssion as to the requirements of the law, Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that a public hearing be called'for Wednesday, April 15, 1970, at 8:00 P. M., on the 1970-71 Tentative Budget, and that the same be advertised as required by law.

Trustee Walter E. Nicoloff moved, seconded by Trustee Neal Jacobus and carried with no negative votes, that the Fire Chief and two (2) Assistant Chiefs be authorized to attend the Annual Conference of New York State Fire Chiefs.

Mayor Robert B. Kelly then-announced his appointments to the various lay con_uissionsand cu,u_ttees, as follows:

ZONING BOARD OF APPEALS John H. Minsker . Succeeding himself to 4/1/73

Leon W. Varley to 4/1/73

At this point Mayor Kelly was advised that the appointments to the Zoning Board of Appeals and the Planning Cc_uuission.weresubject to resolutions of the Board, the other appointments could be named without Board action. East Aurora, New York April 6, 1970/

Mayor Kelly then reported that there _ould be another appointment •t6 the Planning Con_aission,but that he had not received an acceptance as yet. He thereupon named his appointment to the Planning Con_nissionand held the second appointment for later act:ion.

PLANNING CO_NISSIONER Walter C. Zale Succeeding himself to 4/1/73

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that the appointment of John H. Minsker to succeed himself to :4/1/73 and Leon W. Varley to serve to 4/i/73, be approved, and that _t_heappointment of Walter C. Zale to succeed himself to succeed himself to 4/1/73 on the Planning Cui_nission,be approved.

Mayor Robert B. Kelly.then announced that .his appointment to the•following commissions and committees Were as follows:

SAFbTY CO_ITI'EE Robert P..Caves - to 4/1/73

•- M_ Raymond Smallback Succeeding himself to 4/1/71

RECREATION CC_NISSION • Jay F..Marsha.ll,Jr.. i (Village Members) Succeeding himself to 4/1/77

HUBBARD LIBRARY & MUSELN : Eda_ardE. Godfrey Succeeding himself to 4/1/73

;_ Merritt A. Kyser Succeeding himself to 4/1/73 .-

•Mayor Kelly advised that he had "talked with these men, and that there would be an additional appointment to the Safety C_Ju,_ittee, but he was waiting to hear from the Council of the Fire Department for their recon_nendation and that as soon as it was received he would make the additional appointment.

ORGANIZATION OF THE VILLAGE OF EAST AURORA BOARD OF TRUSTEES April 6, 1970 Year 1970 - 71

DUTY ASSIGNMENTS

DEPUTY MAYOR , James W. Ford

DIVISION OF PUBLIC SAI_TY Mayor Robert B. Kelly, Chairman

DIVISION OF FINANCE & BUDGET CONTROL James W. Ford, Chairmag David P. Elmer, Co-Chairman

DIVISION OF STREETS David P. Elmer, Chairman James W. Ford, Co-Chairman

DIVISIONv@FiWATER Vladimir E. Nicoloff, Chairman Raymond A. Smith, Co-Chairman - East Aurora, New York April 6, 1970.

DIVISION OF MAINTENANCE & PARKS Raymond A. Smith ,m Chairman : Vladimir E. Nicoloff, Co=Chairman

DIVISION OF SANITATION Neal Jacobus

Mayor Kelly advised that he would like to hold open the vacancy of one trustee as he would like to have a discussion with the other members in the hope that they could find a trustee who can serve the Village and work harmoniously with the other members of the Board on all matters to the best interest of the Village.

None of the appointees to the commissions and comnittees were present to be sworn in.

Mayor Robert B. Kelly suggested that it might be proper at this time to administer the oath of office to the Deputy Mayor. Trustee James W. Ford then took his oath of office as Deputy Mayor, after which he received congratulations.

Mayor Robert B. felly then announced that the meeting would move along and asked "if it would be proper at this time to adopt the rules of procedure for the coming year and was advised by Mr. Howitt, Village Attorney, that it would be perfectly proper. Mayor Kelly advised that-the regulations had been adopted some time ago but had not always been adhered to and they.should be adopted now and would govern the procedures to be followed at the Board meetings in the future. The rules"adopted iN 1966 were read for information and discussion.

After considerable discussion among the Trustees as to the addition of a time limit for meetings of the Board and a time limit of one half (1/2) hour discussion period on agenda items, Trustee Raymond A. Smith moved, that the following resolution be adopted.

"Board Meeting - April 6, 1970

WHEREAS, it is the desire of this Board to provide an orderly' procedur-e_-----_rwhichthe public may present its views to this Board at the public meetings of this Board:

• NOW, THEREFORE, BE IT RESOLVED, that the following basic rules are here-_ a_-_ Ru--fes--o_ure for this Board for its regular_meetings and duly convened open meetings. i. Qpeni.ngof bids shail have priority on the agenda of business. 2. P6blic hearings shall have pri0rity on the agenda except for the public opening of bids_ _ 3. Items of business and requests for action from the floor which are not on the written agenda shall be received by the Board and referred to the Village Clerk for inclusion on the agenda of a future meeting; except that by the unanimous consent of all members of the Board of Trustees, in a proper case, .the Board Nay consider such items and requests and take action. 4. Members of the public present at meetings shall be invited to comment Upon _ items of business as the same are introduced by the Mayor or Deputy Mayor from the agenda or otherwise_ 5. All discussion on a motion duly made and seconded Shall"be lSmited to members of the Board of Trustees as recognized by the , Mayor or Deputy Mayor. : 6." Except in the instance of public hearings and excopt in East Aurora, New York April 6 1970.

instances where action is required by law, discussion of any separate item on the agenda for any meeting of the Board of Trustees or cofisidered by the Board of Trustees pursuant to Rule 3, shall be limited to thirty (30) minutes. If final action on any item so disc_issedis not taken at the end of such thirty (30) minutes, the discussion of the item shall be terminated by the Mayor or Deputy Mayor presiding and the item shall be placed on the written agenda for the next meeting of the Board of - .. Trtmtees. ,"

The motion was carried with no negative votes_

Trustee Robert B. Kelly announced that the next item on the agenda was the opening of bids for a dump truck and asked the clerk if there were any bids. Miss Rosen advised that Mr. O'Connor had the bids and she then read the notice of bidding.

Village Engineer James R_ O'Connor advised that the first bid was frcraJac0bs Chevrolet, properly sealed and marked on the outside. The envelope was opened and a certified check in the amount of $158.10 was enclosed, corporate acknowledgement properly filled out, the bid was on the bid form supplied by ,the Village Engineer's office and with the non-collusion clause included, complete price, f.o.b. East Aurora ...... $3,162.00. The bid seems _o be in proper order. _"

Another bid was received from Hunt Motors, contained in a sealed envelope, properly marked on the outside. The same was opened and found to contain the bid on proper bid form, certified check in the amount of $162.00, corporate acknowledgement and non-collusion certificate, bid for one (i) 1970 Ford "350" dump truck, price complete, f.o.b. East Aurora ...... $3,143.00 and an alternate of one (i) 1970 Ford with a Hercules Galion body ....;$3,233.00. Mr. O'Connor advised that both bodies are acceptable as far as the specifications are concerned.

Trustee Neal Jacobus asked how long the price was good for and Engineer O'Connor advised that he supposed for at least a period of ten days, whereupon Trustee Jacobus made a motion that the bid be referred to the Engineer for a report and reconmendation back to the Board. The motion was seconded by Trustee Raymond A. Smith :and carried with no negative votes.

The next item on the agenda was a report involving the progress on the violation correction by the Aurora Lanes. Village Engineer James R. O'Connor advised that he had inspected the premises and discussed,the problems with Mr. "Holland. Mr. Holland had not received his electrical inspection certificate as yet. The major item was a new feeder line thru the building and advised that it should be-done within the next two (2) weeks, and the installation of the new fire door has not been completed. "There was an eight (8) week delivery on the door which would be in the second week of April. Mr. O'Connor suggested that we keep the item on the agendaand report bacl

Mr. Howard Colkitt, 172 King Street, spoke on the "condition of the driveway on _ his property, and asked what, if anything, .was to be done.

Trustee James W. Ford advised that he, and.he _as quite sure Mr..O'Connor also had been down there and looked it over. He felt that there was no question but that he had had a heavy winter heave and that it hadcaused damage, but he felt they should wait a while to see what happens and he felt sure that the contractor and the Village would want to do the work required at that time. Trustee Ford askedcVillage Engineer O'Connor to maintain vigilance and when it appears there'has been sufficient settling,. to order the work, East Aurora, New York April 6, 1970.

Mr_.ohn Lee, 188 King Street, spoke concerning the sidewalk and grading in _-" frontFof his property. Mr. O'Connor advised that he had the assurance of the contractor that he fully intended to come back, as soon as the weather was suitable, and that he is ready and willing to movie in and take care of the _i_ewalk, grading, seeding ,.etc. ..

A letter from the East Aurora Kiwanis.Club was read, requesting pemission to use Hamlin Park on June 10th.,for the annual chicken barbecue.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff 'and carried with no negative votes, that the Kiwanis Club be granted permission to use Hamlin Park for their annual chicken barbecue on June 10th.

The next business to come before themeeting for action was the issuance of a building permit for the Gulf Service Station, and the letter from Anthony DiFilippo III, was read.

There was considerable discussion on the subject and Mr. DiFilippo was advised that the items acted on at a previous meeting of the Board, and made a part of the conditions for issuing the pemit, should be placed on the Special Development Plan and initialed, or a new plotplan should be presented. It was pointed out that the Zoning Board of Appeals had granted:the necessary variance, so that the other papers and-docl_nentsbeing in order, the permit could be issued.

Mr. Anthony DiFilippo III spoke and advised that his clients are most Willing to incorporate the conditions on the Special D_velopment Plan, but"that he had not realized they wished a new plot plan. It was brought out in the discussion that " he could supply a new plan within the next two days, or would come in, mark and initial the conditions on the plot plan already filed.

Trustee James W. Ford moved that ,thebuilding inspector be empowered to issue the permit in the matter of the premises at 481 and 495 Main Street when he received a completed and satisfactory Special Development Plan. Trustee Walter E. Nicoloff seconded the motion and same was carried with no negative votes. ) Trustee Neal Jacobus gave his opinion that he felt some effort should be made to protect the character of the Village and neighborhood, and Trustee Raymond A. Smith asked why there was such a difference between the artist's sketch and the actual completed station.

Mr. Fusia of the Gulf Oil Co, any spoke on the subject in answer to Trustee Smith's question, and advised that the Company was most interested in complying and the oil industry, in general, was workfng on plans,to make service stations more acceptable to the general public; - ;

Mayor Robert B. Kelly noted that Mr. Anthony DiFilippo was in the audience and he asked Mr. DiFilippo if heTcared to give a. resume' of his plans for the future..'Mr. DiFilippo gave a brief resume' of the plans, stating that the office was moving to the old "Prentice" building on Main Street and that they had plans for the renovation of same and assured the Board that it would look much better when they had finished, and thanked the Board,for its consideration in the past.

A communication from Mr. R: C. -Kumro was read with regard to ordinance violations. The Village Engineer was asked to look into the matter and report back to the Board at the recessed meeting. 16G East Aurora, New York April;6;.1970.

Mayor Kelly advised why no action by the Police Department is required in Zoning Ordinance violations. ' _-"

Mr. Anthony DiFilippo asked if the police were empowered to act .on ordinance complaints and violations that they noted in patrolling the Village, and suggested that the police might be empowered to explain to the property owner that such violations existed and ask that they be corrected.

Mayor Kelly thanked Mr. DiFilippo for the suggestion and offered some reasons why it might not be advisable. The Police;Chief also spoke on the routine drives around the Village. •

Tr_Btee Neal Jacobus also sp0k_on the matter of having a policy established for the enforcement of ordinances.

i Mr. Paul Norberg, 772 Warren Drive spoke on the difficulty 'of a once a week refuse pick up, espe_ially in the business district, and asked if it could be arranged to collect more often. There was some discussion of trying to get the businessmen to buy large containers to facilitate the collectibn, but no,action had been taken..

A letter from Mr. George Armstrong, 194 Olean Street, was read,:concerningI damage to his car due to.a•broken gas line in the installation 'of the.water line. It was determined that Mr.An_strbng should be advised to put the matter in claim form and that the matter would then be referred•to the contractor, as it was'his liability and .not that of the Village.

On question, Village Engineer James O'Connor advised that•he has been in contact with the operator of the Kendall station with reference to the unsightly conditions in the rear of the lot and asked that the matter be held on the agenda for further report at the April 20th meeting.

Trustee Raymond A. _ith asked about the large dead elm in Hamlin Park and was advised by Engineer O'Cormor that there were•seven (7)more large elms in the Park to be removed and that the one in question was among the seven.•

Trustee Walter E. Nicoloff advised that {he water line installation was running along on schedule and that the c_ean up and grading squads would soon be coming in to do the necessary work.

Trustee Neal Jacobus requested information regarding the draining of the low area in the Pine Street neighborhood and was advised that the work could not progress further until such time as additional easements were obtained.

Trustee James W. Ford asked about the bidding specifications for the proposed new fire truck. •Engineer James R. O'Connor advised •that he'had the specifications from the firemen for a PLUSH fire truck and asked that the matter be held.

Trustee James W. Ford moved; seconded by Trustee Walter E. Nicoloff and carried with nonegative votes, that•the Village Engineer and.Village Attorney be authorized to prepare specifications•for bidding for•the replacement of Truck No. 6 for the East Aurora Fire Department. • i Trustee Neal Jacobus advised that he felt the Board should havean unbiased opinion on wha_tUas needed. East Aurora,-New York April 6, 1970. JL _ _ •

Mayor Robert B. Kelly explained that as soon as the Village Engineer and Village Attorney decided that the specifications are in proper form for bidding, a report, in writing, should be made to the Board as to what is considered necessary.

At 9:30 P. M., Trustee David P. Elmer joined the meeting .and was sworn in and took the oath of office from Village Attorney Walter W. Howitt.

Trustee Raymond A, Smith, after Village Engineer O'Connor advised that the bids for the dump truck were in order, moved that the bid of Hunt Motors for one d_m_ptruck, net price $3,143.00 be accepted. The motion was seconded by Trustee Walter E. Nicoloff and unanimously carried.

Village Attorney Walter W. •Howitt reported on the renewal of a Bond Anticipation Note in the amount of $57,300 which covered a BAN for $19,000 for fire truck No. 7; a $7,125 BAN for the purchase of the Clement property and a $21,375 BAN for the purhhase of the Krieger property, -a.$3,800 net for the parking lot on the Krieger property, and that the same had been properly signed by former •Mayor J. Forrest Cain and Henry A. Sherwood.

The Village Attorney reported to the Board of Trustees that its offer to Richard Y. Booth to acquire a 50 foot easement and right of way across certain lands of the said Richard Y. Booth for the installation of part of the 12" water distribution pipe line, a consideration of $500 had been requested by Mr. Booth's attorney. _-- The said easement and right,of way extends from the intersection of Spring Street and South Street,. southerly across CAzenovia Creek to the south village line so as-- to connect to the northerly extension of Old Center Street in the Town of Aurora.

Following a discussion it was moved by Trustee Raymond "A. Smith, seconded by Trustee Walter E. Nicoloff, that the following resolution' be adopted :

RESOLUTION

_EREAS, it appears that it shall be necessary in the interest of . equity_----_-_usticeto acquire a 50 foot right of way mid easement across certain lands of Richard Y. Booth, for the installation of a 12" water line to serve this village; and WHEREAS, it is required by Section 308 of the Village Law that before a proceeding is c_,enced for the acquisition of •real property pursuant to Article 14 of the said Village Law, the Village Board shal,lcause to be propared.amap of the-proposed parcel to be acquired, the names of the owners if known, and the dimensions and bounds of each of such parcels: NOW, THEREFORE, BE IT RESOLVED, that a map of the 50 foot "right of way to be acquired_cr-oss _h-_ds of the said Richard Y. Booth, extending southerly from South Street at Spring Street, to the south village boundary line for the purpose of installing a 12" water line therein, which map shall be in the form and detail specified by Article 14 of the Village Law and Section 308 thereof. East Aurora, New York " April 6, 1970.

Upon a Vote o_frecord _ '' ...... _ ....

AYES ; _ NOES

Mayor Robert B. Kelly." Trustee David P. Elmer " Trtmtee James W. Ford TrtksteeNeal Jacobus NONE Trustee Walt.erE. Nicoloff -: Trtkstee_RaymondA..Smith l The motion was declared carried.

Tru_stee"DavfdP. Elm_r wished to reit'eratesome of his thoughts on the Girard Avenue project and wondered if anything could be done to approach the Cotmty on making the job a two phase project so that the owners of property on Girard Avenue would not have the street torm up for sevefior eight months. Also he felt"that the "701" Con_nitte_should be advised Of any actfon_so they can take it into consideration when setting aside an area for recreation purposes. The issue will have to be faced and the "701" plan must be considered. He also inquired if it was the plan .of the Engineer to discontinue putting"the brine into Tannery Brook as soon as the ice is out, .andidiataffect it-would have on the Disposal Plant when it is put thru there. He was advised that there would be no adverse affect on the Disposal Plaht.

Mr. O'Coraiorwas asked to'contact the C.ountyof Erie and try and obtain a lime schedule for Girard Avenue and report back to the Board'at the recessed meeting.

Mayor Robert B. Kelly announced that the next Village Officials meeting would be held :inNortliCollins qn'April "16th"and that the speaker wil.lbe Mi_. Seth Abbott and the subject will be "Assessments". He also advised that he wished as many as possible would try to attend and asked how many would be able to attend as the clerk at North Collins would have to have reservations by April lOth.

The matter of an additional police officer came on for discussion. After spree discussion between the Trustees, Police Chief Waltz and the Mayor, it was decided that the matter should be held in abeyari_eeand put on the agenda for the April. 13th recessed meet_'_gand that findings be ready at that time. "•

Trustee James W. Fdrd moved, seconded by Trustee Walter E. Nicoloff and unanimously carried, vouchers No. 1048 through No. 1098 "in the amount of $31,235.69 on the General Fund and vouchers No. 239 through No. 255, in the amount of $5,511.01 on the Water Fund, @s presented and audited.by the Mayor and Trustees, be paid.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that this meeting recess until 8:00 P. M., on April 13, 1970.

Dorothy F. _en, Village C e . 169 East Aurora, New _(6rk April 13, 1970.

Minutes of the recessed meetifigof April 6, 1'970,of the Board of Trustees of the Village of East Aurora, held in'theBoard Room at the Village Hall, corner pf Main and Paine Streets, East Aurora, New York, reconvened at 8:00 P. M., o'clock April 13, 1970.

• There were present the following: Messrs. Robert B. Kelly, Ma_?orpresiding; David P. Elmer, James W. Ford, Neal Jacobus, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer and Dorothy F. Rosen, Village Clerk.

Village Engineer James R. O'Connor reported on the violationsat the Kumro property and advised that Mr. Reed had hired some one to come in and clean up and that a chain link fence will be erected as soon as possible.

Trustee Neal Jacobus reported that he had received a con_laint that the occupants or residents of the apartments at 170 Oakwood Avenue fireputting trash etc., out in uncovered cans and paper bags and that this matter should bg looked into.

Village Engineer O'Connor reported on the matterof a time schedule for Girard Avenue and advised that the drain line for Riley Street was started today, April 13th and they will continue laying the sewer line. The contractor feels that doing the work in sections as suggested by Mr. Elmer would be inefficient and he is not planning to.program the work this way. No definiter time schedule has been set. It was suggested thata meeting be set up'between Mr. Elmer, Mr. O'Connor and Mr. James May, president of Oakgrove Constimction Company, to go over the plans.

There was discussion of the situation of removing trees on Girard Avenue arid it was decided that those to be removed should be marked so as to establish good public relations.

The Engineer was asked if the organizers on Linden Avenue, Sycamore arldMill Streets were interfering with the work in any way andMr. O'Connor advised that there was no interference.

Replacement of Fire Truck No. 6 was next considered. Mr. O'Connor felt that they had done a good job in setting up specifications. The Capital Expenditures Committee had put a price of $47,000 in the Capital Expenditures budget for this item.

After discussion it was moved by Trustee James W. Ford, seconded by Trustee David P. Elmer arldcarried, thatVillage Attorney Walter W. Howitt be instructed to set up a bond resolution in the amount of $50,000 for the purchase of a fire vehicle to replace Fire Truck No. 6. The Capital Expenditures Con_nitteeis to be notified in writing of the change in amount.

Village Engineer James R. O'Connor recommended the certification of George Tinch as Sewage Treatment Plant Operator.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and unanimously carried that the certification be approved.

The resignation of Miss Dorothy F. Rosen, as Village Clerk-Treasurer, Registrar of Vital Statislics and Assessor, effective May 18, 1970, was received.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. 170 East Aurora, New York April 13, 1970.

Nicoloff-and unanimously carried, that the resignation of.Miss • Dorothy F.:. Rosen be accepted witH" regret, and entered in _the minutes. •. .. . • "

The Fire, Police and Dog Warden reports for the Month of March were received • and ordered;to.be filed. ' ...... _,

Thematter ofan additional-patrolman was brought up. Village-Attorney Walter W. Hewittwas asked to find legality for the Village Police working in the Town area.

Mayor Robert B. Kelly recommended the appointment of Mr. John Buno to succeed himself on the Planning Cormnissionfor a term expiring April i, 1973.

Trustee Walter E. Nicoloff moved,•seconded by Trustee .Raymond A. ", Smith and unanimously carried, that the appointment be approved. i Mayor Robert B'.Kelly and Fire Chief Neil Ellson, recommended that Mr. Walter Doe be the fire:representative on the Safety Committee..

: Trustee Raymond A. Smith'moved, seconded by Trustee WalterE. . Nidoloff andunanimously carried, that Mr. WalterP. Doe be appointed -as a-member of the Safety Committee..- "• :

Upon the request of the Recreation Commission i Trustee Walter E. Nicoloff moved, seconded by Trustee David .P.. Elmer and unanimously carried that two (2) representatives, Catvin Potwin and John Glenn, - be authorized to attend the Annual Conference of New York State Recrea- tion and, Parks Society, at Ellenville-, New York, this month,-with expenses to be reimbursed pursuant to Section 77B of the General Municipal Law.

The meeting adjourned on'motiofiof Trustee Walter E."Nicoloff, seconded by Trustee Raymond A. Smith and unanimously carried.

"• Dorothy _ Rosen,'Village Clerk.

t East Aurora, New York April IS, 1970 170A 1

East Aurora, NeW.York April 20, 1970

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room of .theVillage Hall, corner of -Main and Paine Streets, East Adrora, New York, on Monday evening, April 20, 1970 , at 8:00 P.M.

There were present the following: Messrs. Robert B. Kelly, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Walter E. _icoloff. and Raymond A. Smith, Trustees comprising a quort_ of the Board; also Messrs. Walter W. Howitt, Village Attorney, James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and •carried with no negative votes that the minutes of .the regular meeting of April 6, 1970 be approved and the minutes of the recessed meeting of April 13, 1970 be approved as submitted and corrected.

Village Engineer.James R. O'Connor, reporting on the Aurora Lanes, stated that the fire door has not yet arrived and the electrical work.has not-been inspected. He suggested that this be held over until the meeting of May 4.

The situation at the Kendall Station has improved, but is not yet satisfactory. This will be on the agenda of May 4.

,_ Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that the Schedule 5 base salaries on Page _ 24 Title 1.3120 be.amended in the budget book.

Trustee Walter E. Nicoloff moved, seconded by Trustee D_vid P. Elmer and carried with no.negative votes to amend the budget surplus amount from $49,474 to $49,787_

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes that the amefidedbudget for 1970-1971 carrying a t_x rate of $46.95 be adopted.

The mateer of the proposed Capital Expenditures Budget for fiscal 1970-1971 et sec as submitted by the Capital Expenditures Co_ittee came on for consideration.

After a discussion during which it was ascertained that the said propose_. Capital Expenditures budget was in most respects satisfactory to the Board 6f Trustees, it was moved by Trustee Walter E. Nicoloff seconded by Trustee David P. Elmer and carried with no negative votes that the amount allocated for the purchase of a relacement of fire truck #6 as indicated in the proposed Capital Expenditures budget be increased from $47,000 to $50,000.

;_ Following the action amending the proposed 1970-1971 et sec Capital Expend- itures budget, it was moved by Trustee Walter E. Nicoloff, secofi_edbyTrustee ,_ Raymond A. Smith and carried with nonegative votes that the following resolution be adopted:

BE IT RESOLVED that the.Capital Expenditures budget for fiscal 1970- 1971 et sec is heretofore amended be and the same is hereby duly approved and adopted by this Board of Trusteessas the Capital Expenditures budget for fiscal 1970-1971 et sec as.provided by Local Law No. 1 - 1967 of the Village of East Aurora. of East Aurora, New York April 20 , 1970

of East Aurora.

The matter of authorizing a bond resolution in connection with the proposed purchase of a fire-fighting vehicle, ie. a pumper to replace fire truck #6 came on.for consideration.

Following a discussion, the following resolution was,movedby Trustee:James W. Ford, seconded by Trustee Walter E. Nicoloff:

VILLAGE OF EAST AURORA_ IN THE CO_FYdOFERIEp NEW YORK

PLEASE TAKE NOTICE that on April 20, 1970, theBoard of Trustees of the Village of East Aurora, in the County of Erie, New York, adopted a bond resolution entitled: "Bond Resolution of the Village of East Aurora, New York, adopted April 20,1970 authorizing the purchase of a pumper fire trick, including equipment and apparatus used in connection therewith, for the Fire Department of said Village, staling the estimated maxim_n cost thereof is $50,000, appropriating said amount therefor, including the appropriation of $2,500 current funds to provide the down payment, and authorizinga__heissuance of $47,500 serial bonds of said Village to finance the bal: ance of the appropriation,"

an ab%tract of which resolution concisely stating the purpose and effedt thereof, is as follows : "-" FIRST: AG[_ORIZING the Vi.llageof East Aurora ('_/illage"),to purchase a pumper fire truck, including equipment and apparatus used in connection therewith, for the use of the Fire Department of the Village; STATING the estimated maximten cost of said specific object or purpose, including preliminary costs and costs incidental thereto,and the financing thereof, is $50,000;APPROPRIATINGsaid amount therefor, including the appropriation of $2,5000ourrent funds'to'provide the down _ayment required by law and STATING the plan of financing includes the use of said 2,500 currentsfunds, the issuance of $47,500 serial bonds to finance the balance of the appropriation,,and the levy of a tax upon all the taxable real-property within the Village to pay the principal of said bonds and the interest thereon;

SECOND: AUI_ORIZING the issuance of $47,500 serial b_nds of the Village:

THIRD: DETERMINING that-the period of probable usefulness of said specific object or purpose is ten (i0) years; that current funds are required to be provided prior to the issuance of said bonds or any bond anticipation notes and that such current funds are ava_able in the budget of the Village for the 1970-1971 fiscal year under the heading "Provisions for Down Payment"; DIRECTING the Village Treasurer to.set aside said current funds and apply them solely to said specific object or purpose; and DETERMINING that the maturity of said bonds will.exceed five years;

FOURTH: DETERMINING that"said bonds and any notes,issued in anticipation of said bonds, shall be general obligations of the Village and PLEDGING to their payment the faith and credit of the Village; FI_TH • _' FIFFH: DELEGATING to the chief fiscal officer the powers and duties as to the issuance of such bonds and any notes issued in anticipation of said bonds and the renewals thereof; and

SIXTH:'DETERMINING that this resolution is subject to a permissive referendum.

DATED- April 20, 1970. DOROTHY F. ROSEN, Village C&erk." 172.

East Aurora, New York April 20, 1970

The matter of authorizing a bond resolution in connection with the proposed purchase of a fire-fighting vehicle, ie. a ptm_perto replace fire truck #6 came on for consideration. 9 Following a discussion, the following resolution was moved by Trustee James W. Ford, seconded by Trustee Walter E. Nicoloff:

BOND RESOLUTION OF THE VILLAGE OF EAST AURORA, NEW YORK, ADOPTED APRIL 2_),:.1970, AU_ORIZING_THE P[IR(]qASE OF A PIlMPER FIRE TRUCK, INCLUDING EQUIPMEN_JSAND_ANNARATUSUSED IN CONNECTION THEP_VITH, FOR THE FIRE DEPAR_NT OF SAID VILLAGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $50,000, APPROPRIATING SAID AMOUNT THEREFOR,INCLUD- iNG THE APPROPRIATION OF $2,500 CURRENT FUNDS TO PROVIDE THE DOWN PAYMENT, AND AUTHORIZING THE ISSUANCE OF $47,500 SERIAL BONDS OF SAID VILLAGE TO FINANCE THE BALANCE OF THE APPROPRIATION.

THE BOARD OF TRUSTEES OF THE VILLAGE OF EAST AURORA, IN THE COUNTY OF ERIE, NEW Y_RK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS:

Section i. The Village of East Aurora (herein called '"Village"), in the Co_mty of Erie, New York, is hereby authorized to purchase a pumper fire truck, including equipment and apparatus used in connection therewith, for the use of the Fire Department of the Village. The estimated maximum cost of _&_ specific objeet or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $50,000 and the said amount is hereby appropriated therefor, including the appropriation of $2,500 current funds of the Village to provide the down payment required by law. The plan of financing includes the use of said current funds, the issuance of serial bonds to finance the balance of said appropriation and the ,levyof a tax upon all the taxable real property in the Village to pay the interest on said bonds and the principal thereof as the same shall become due and payable. Section 2. Serial bonds in the principal amount of $47,500 of the Village, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, _onstituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "L_w"), to finance the balance of said appropriation not provided by said current funds. Section_3. The following additional matters are hereby determined and declared: (a) The specific object or purpese for which the bonds authorized by th_ resolution are D_)be issued is the purchase of a motor vehicle used for fighting fires, including equipment and apparatus used in connection therewith, the estimated cost of which is in excess of $5,000 and, in consequence, the period of probable useful._. hess of said specific object or purpose pursuant to the limitations of Section ii.00 a. 27 of the Law, is ten (i0) years. Co) current funds are required to be provided prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale thereof pursuant to Section 107.00 of the Law and such current fu.D_dsin the amount of $2,500 are now available in the budget of the Village for the 1970-1971 fiscal year under the heading "Provisions for Down Payment." o _- The Village Treasurer is hereby directed to set aside funds and to app apply the same solely to the said specific object or purpose. 173.

East Aurora, New York April 20, 1970

(c) The proposed maturity of the bonds authorized pursusant to this resolution will exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of-said bonds, shall be cent/tinthe recital of validity-prescribed by § 52.00 of the Law and said bonds and any notes issued in anticipation thereof, shall be.general obligations of the Village, payable as to both principal and interest-by a general tax upon all the taxable r real property within the Village without limitation of r_te "or amount. The faithand credit of the Village are hereby-irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of said b@nds and provision shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year and Co) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of _ 30.00 relative to the authorization of the issuance of bond anticiption notes and of _ 50.00 -and _§ 56.00 to 60.00 of the Law, the powers and duties of the Board of Trustees relative to prescribing the terms ,form and content and as to the sale and issuance of the bonds herein authorized and of any notes issued-in anticipation of said bonds,"and the renewals thereof, are hereby delegated to the chief fiscal of the Village. Section 6. The Validity of the bonds authorized by this resolution, and of any notes issued .in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object o_',purposefor which the Village is not authorized to expend money, or (b) the provisions of la_ which should be csmplied with at the date of the publication of such resolution, are not substan_ially cormpliedwith,and an action, suit or proceeding contesting such va!idity is conmenced within twenty (Z0) diy.safter the date of such publication, or (c) such obligations are authorized in violation of the provisions of the. constitution ...... "- ": ' " Section 7. This resolution is subject to a permissive referendum.

The adoption of the foregoing resolution was seconded:by V_ladikaer,Nicoloff and duly pu_ to a vote on roll call, which resulted as follows.." ". AYES" T_h_yors Robert B. Kelly, James W. Ford, David P. Elmer, Neal Jacobus, Vladimir Nicoloff, Raymond A. Smith NOES : None

The resolution was declared unanimously adopted. •.

Trustee James W. Ford offered the following resolution and moved its adoption:

RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EAST AURORA, IN THE COUNTY OF ERIE, NEW YORK, AS FOLLOWS:

Section i. The Village Clerk of the Village ofEast Aurora, in the County of Erie, New York_ shall,,within ten(10) days after the adoption'of the bond resolution referred to in the form of Notice hereinafter set forth in Section 3 hereof, caused to be published-.atleast on_ce in the "EAST AURORA ADVERTISER," •a newspaper published in East Aurora, New York, having a general circula_tion within the said Village, and hereby designated as the official newspaper of said Village and "t.obeposted in at least six (6) of .the"mostpublic places in the Village, a Notice which shall set forth the date of adoption of said foregoing resolution and contain an abstract thereof concisely stating its p 174.

East Aurora, New Y9rk April 20, 1970

purpose and effect. : ,_ "_ Section 2. Aftersaid bond resoiution shall take.effectl the Village Clerk is hereby directed to cause said bond resolution to.be published. ififull, in the newspaper hereinabove.referred.to.in Section 1 hereof, and hereby designated the official newspaper.for said publication, together with a No_ice in substantially the form as provided by Section 81.00.of the Local Finance Law, constituting Chapter 33-a.of the ConsQlidated Laws of the State of New York.

. Section 3. The I_otice.referred to in Section 1 hereof, shall be insubstantially the following form:

VILLAGE "OF EAST AURORA, IN _ COUNTY OF ERIE; NEW YORK ... PLEASE TAKe.NOTICE that_ on April 20', 1970, the "Board of Trustees of the Village of .East Aurora, New York, adopted a bond resol.ution entitled: "Bond Resolution of the Village of East Aurora, New York adopted "April 20, 1970# authorizing the purchase of .a ptmTper fire truck, including equipmen.t and apparatus used in cormection .therewith) for .the Fire Dopartment of said Village, slating the esiimate_t maxim_ cost thereof _ is $50,000, app.ropriating said amoant therefor, including the appropriation of $2,500 current funds to provide the down payment, and authorizing the issu.ance of $47,500 serial bonds of said Village to finance the balance of the appropriation," .

" an abstract of which re.solu.tionconciselystating the purpose, and effect thereof, is as follows:

FIRST: AU_O.RIZING the Vil.lage of East Aurora .(Village) ,. to purchase a p_nper fire truck, including equipment and apparatus used in connection . therewith, for the use of the. Fire Depariment of the Village; STATING the e_timated maximum cost of said specific object or purpose, i_ncluding preliminary d6sts and costs incidental thereto and JJ_e financing thereof, is $50_000; APPROPRIATING said amount therefor, including the appropriation of $2,500 current funds to provide the down payment required by law and STATING the plan of financing includes the use of said $2,500 current funds, the issuance of $47,500 serial bonds to finance the balance of the appropriation, and the levy of a tax upon all the taxable real property within the Village to pay the principal of said bonds and the interest thereon;

"SECOND: AUTHORIZING the issuance of $47,500 serial bonds of the Village;

THIRD: DETERMINING that .theperiod of probable usefulness of said specific object or purpose is .ten (i0) years; that current fumds are re- .quired to be prov.idedprior to the issuance,of Said bonds or an);bond anticipation notes,and that such current funds are available in the budget of the Vi]lage .forthe 1970-1971 fiscal year.under,the heading" "Provisions '" for DowD payment;" DIRECTING the Village Treasurer to set aside said curre.c_irrentfunds and apply,them solely to said specific object or purpose; _nd DETERMINING that the maturity of said bonds will exceed five years; r 75, East Aurora, New York April 20, 1970.

FOURTH: DETERMINING that said bonds and any notes _ssued.an anticipation of said bonds, shall be general obligations of the Village and PLEDGING to their payment-the,faith and credit of the Village;•

FIFTH: DELEGATING to the chief fiscal officer the powers,and duties as to the issuance of sucl_bonds and..anynotes issued in anticipation of said bonds and the renewals thereof; and

SIXTH: DETERMINING th'atthis resolution fS subject to a permissive referend_n.

DATED: APRIL 20, 1970 DOROTHY F. ROSEN .: Village Clerk

SSection 4. This resolution shall take effect immediately. \

The adoption of the foregoing resol_ion was secon.dedby David P. Elmer and , duly put to a vote on roll call, which resulted as f611ows: AYES: Robert B. Kelly, James W. Ford, Neal Jacobus, Vladimir E. Nicoloff, David P. Elmer, Raymond A. Smith NOES : none . - The resolution was declared unanimously adopted.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes.,thatthe Mayor be authorized to obtain the current civil service list available for patrolmen.

The complaints formerly reviewed from George Ruby regarding sidewal_ d_mage at 518 and 566 Fillmore Avenue have been investigated _y the .engineer,who feels there is no action required by the Board.

Richard Glover, 30 Hamlin Avenue, reported zoning violations across the street from his property, said property owned +byCalvin Schilling and being used as a bus garage and off-street pa_rkingby the State of New York trucks, United Parcel and Connelly milk trucks; also as a freight transfer station. This propertY has improper screening and improper drainage.

•Mr. O'Connor reported that this has been taken to court, and the prosecuting attorney .isproceeding.

Mr. Glover asked that it be recorded that he feels theseezoning violations lower the value of his property and affect the health and safety of his family.

Mr. Richard Morris, 315 Girard Avenue, stated that he had read in the East Aurora Advertiser of April 16, 1970 that certain trees in front of his property were scheduled to be removed and asked why he had not been informed.. He desires to maintain the trees in front of his property and feels the shedding is doing no particular damage and cork_notbe considered a nuisamce. He also inquired if anyone had been authorized to remove the trees.

Mr. •O'Connor stated that it was the intention in the repaving project to remove these trees and he and the contract engineer will go over the street again before making a final decision. Mr_ O'Connor feels these trees are.a nuisance in keeping the street clean and will become worse when the street is paved. East Aurora, New York April 20, 1970

Mr. Morris asked the assurancel0f_the Board that he be given time. (3 weeks) so that he may bring in a tree expert to study these trees, and that he,be assured that he can leave in the morning and not come h_e to find the trees gone _\ without having been notified. His desire is to.retain these trees until he can get some growth or replacement. It is necessary for.the utility company to trim the trees, and Mr. Morris did agree to this.

By coJa_onconsent,,there.will be no decision made for removal of these trees until after May 4, 1970. Trustee Elmer will work with Mr. O'Connor on the marking and removal of trees.

Trustee Walter E. Nicoloff reported a sudden and unexplainable drop in the reservoir over the weekend, and it is felt this may be a reflection of peak demands.

Trustee James W. Ford moved,-s'econded"by Trustee David P. Elmer and carried _._iL•withno negative votes that an overpayment of $i.00 for a verified tax certificate covering property at 862 South St. (#204-153) be refnnded to Hall & McMahon Attorneys, •703Bank of Buffalo Building, Buffalo 14202. (See General Fund receipt #1630).

Trustee James W. Ford reminded the Board that Krehbiel, Guay, Rugg & Hall, engineers, had been authorized on February 17, 1970 to prepare certain engineering studies and reports in connection with the proposed rebuilding of Riley Street originally s'cheduledfor construction in fiscal 1970,]1. Mr. Ford further reminded the Board of Trustees that the proposed rebuilding of Riley Street had been set back in the Capit_l Expenditures budget adopted earlier in this meeting and accordingly would not be constructed .in fiscal 1970-71. ". . • ° • • After a discussion Trustee James W. Ford moved that the following resolution be adopted:

WHEREAS, the Board of Trustees has heretofore engaged Krehbiel ,iGuay, Rugg,& Hal.lengineers to.do certain engineering work and prepare certain engineering studies and .reports in connection with the proposed rebuilding of Riley Street, and

WHEREAS, the said engineering firm Krehbiel, Guay, Rugg & Hall have completed the said engineering work, studies, and reports and have submitted a statement covering the services rendered by them in cdnnection with them therewith,-and

WHEREAS, this Board of Trustees does notplan to reconstruct the _aid Riley Street in fiscal 1970-71,

NOW, THEREFOr, BE IT RESOLVED, that a sub account covering the recon- •struction of Riley Street be created in a capit_l account of theVillage of East Aurora, and .. .

BE IT FURTHER RESOLVED that the amount of $825.00 be transferred from the contingency,account-(#A290-650) to the said capital account (#H890) and allocated to the said sub account covering the reconstruction of Riley Street to .provide for the payment of the engineering expenses of.Krehbiel, Guay, Rugg & Hall incurred to date in connection therewith.

The above motion was seconded by Trustee David P.Elmer and carried with no negan6g_tiveevotes. 177: East Aurora, New York April 20, 1970

Trustee James W. Ford inquired as t_ the status of the provisional rezoning of certain premises on the east side of Riley Street to place the same in the "RC" zone._whi_h provisional rezoning was adopted on or about February 3, 1969.

Mr..O'Connor reported to the Board that the owner of the subject parcel of land, Professional Parks Inc., which had submitted the Special Development Plan upon which the provisional rezoning amendent was 15redicat6d,had not appl.iedfor or obtained the required building permit as specified in Section ii.01 of the Zonin_ Ordinance and that accordingly the provisional rezoning of the said premises to place the same in the "RC" zone was of no effect. The Village Engineer further advised that the official z{_ningmap of the Village of East Aurora has not been revised so as to indicate any _hange in the zoning of the said parcel on the east side of Riley Street .from its previous zoning classification in as much as the authorized zoning amendment of February 3, 1969 was provisional only and had become of no effect because of the failure of the owners thereof to obtain the necessary building permit.

By consent of the Board, Village Attorney Walter W. Howitt was instructed to advise Professional Parks Inc. asto the zoning status of the subject premises.

Followihg a discussion of an apparent omission of a desired use to be included among the authorized used in the M-I district of the Village of East Aurora, it was moved]by Trustee James W. Ford, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the Village C,lerkpublish a notice of Public Hearing %o be held on May 18,1970 upon the question of amending Section 5.04 of the Zoning Ordinance to include feed mill and food packaging plant among the uses authorized in the said M-I zoning district.

Trustee Neal Jacobus would like the Board in some way to recognize _arth Day, April 22, 1970. He is asking the Police Chief to have his department review their involvement, that the Village Engineer survey our property at Sinking Pond, and suggested that the Public Works might spend the day cleaning up our own back yard. He also suggested that the building inspector,look into the matter of empty garbage cans remaining at the curb for days in violation of Chapter III, Section I, Paragraph "f" of the GeneraliOrdinances. The Mayor was to ask for the cooperation of these people. The matter of the decision of this Board whether to make an offer to purchase the vacant lot where the old Mobil station had been at the northwest corner of Buffalo Road and Knox Road came on for discussion. It was noted that on March 9, 1970 this Board had asked the Mobil Oil Company not to sell the said land to anyone else for 60 days pending the making of a decision whether or not to pur.chaseit.

The engineer was asked to write to Shell Station and Shell Oil Company regarding the violations still prevalent there.

Trustee David P. Elmer .suggestedthat the engineer investigs_e the feasibilty of equipping Village vehicles with anti-emission devices. He is also interegted in investigat.i_ the methods of removal of phosphates.

Trustee David P. Elmer recon_ended the engineer's bringing in infomation on the model housing,code to the Board meeting May 4.

A letter was received from the East Aurora Jaycee.srequesting the use of Hamlin Park for the annualChildren's Fair.Mm)th2_h_n_Ir_i_cm _@0thoon until 6 "00 P .M. each day.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and carried 178 East Aurora, New York April 20, 1970 K

\\k with no negative votes that the East Aurora Jaycees be given permission to use Hamlin Park May 23 and May 24 from 12:00 noon to 6:00 P.M. each day for the annual Children's Fair with the provision that the park be cleaned up after use.

The flashing light at Girard Avenue and Maple Street is not providing adequate protection for the pedestrians. By consent of the Board members it is to be ref- • ferred to the Safety Conmittee. -

Trustee James W. Ford moved, seconded by Trustee Davi_dP. Elmer and carried with no negative votes that the vouchers as audited by the Mayor and trustees be ordered to be paid; Gen. Fund #i099-i151-in the amount of $84,411.99 and Water Fund #256-_267.inthe amount of $4345.18.- Trustee James W. Ford moved, seconded by Trustee Wa'itdrPE.F_ieolof.tiandcarried with .no negative vote that this meeting recess at ii:00 P.M. to reconvene 8:00 P.M. April 27, 1970. • • Dorothy F.M/osen, Village Clerk.

East Aurora, New York April 27, 1970

Minutes of the recessed meeting of l_ril-20,1970 of the Board of Trustees of - the Village of East Aurora, New York, held in the BoardRoom of the Village Hall, corner of Main and.Paine Streets, East Aurora, New York-,reconvened at 8:00 P.M. • April[27, 1970. ".

Therewere present the following: Messrs. Robert B.Kelly, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, and Walter E. Nicoloff, Trustees comprising a quorum of the Board;,also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; andDorothy F.Rosen, Village Clerk.

Absent was Trustee Raymond A. Smith.

Representatives of the Aurora Junior Women's Club were present"to express their interest in placing window _boxes of articial flowers on the west s@de of the'pavilion in Hamlin Park, also planting ground cover around the flag pole, and possibly a- round the foundation of the pavilion. They asked if the Village"had plans to complete the painting of the pavilion. " ! AS regards painting the.pavilion, Village Engineer James R. O'Connor-will check into the possibi]ty of this being done.

Trustee David P. Elmer suggested that the Junior Women's Club contsGttMr. John Spooner or Mr. Paul Martin regarding these plans to see what plans the Aurora Players may have concerning the improvement of the Hamlin Park Paviliom.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that permission be granted the Aurora '_um_ofsWomen's Club to plant ground cover around the base of the flagepole in Hamlin Park.

Trustee Elmer reported that the toilets in the building near the skating rink 178 East Aurora, New York April 20, 1970 K

The flashing light at Girard Avenue and Maple Street is not providing adequate protection for the pedestrians. By consent of the Board members it is to be ref- • ferred to the Safety Conmittee. -

East Aurora, New York April 27, 1970

Absent was Trustee Raymond A. Smith.

Trustee Elmer reported that the toilets in the building near the skating rink • !7 9 East Aurora, New York April 27, 1970

are in abominable Condition and suggested that this building be completely closed.

Mr. O'Connor reported that the building housing the toilets north of the path in Hamlin Park i_ealmost beyond repair, and it was suggested that he make a rec- comendation of what might be done to restore or replace these facilities along with the cost involved.

After discussion, the Engineer was authorized to remove the telephone pole and electrical power box, which are now in front of the memorial gate in Hamlin Park. He is also to report back regarding Hamlin Park lighting at the meeting of May 18.

Trustee DavidP. Elmer moved, seconded by>Trustee Walter E.Nicoloff and carried with no negative votes that Village Attorney Walter W. Howitt be authorized to determinethe status re the acquisition of the Mary'E. Marshall property 234 South Grove Street, and report back to the Board at the meeting May 18 astto the possibility of acquiring such property for park use.

Trustee Walter_E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that Village Engineer, James R. O'Connor be authorized to advertisedfor bids for the purchase of a fire truck to replace fire truck"#'6,which is to rem_kn in service in the Fire Hall with a warrenty to be included as part of the bid; said bids to be opened at the J.une8, 1970 Board meeting.

. Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with n9 negative votes that the following resolution be adopted:

WHERE,, "the Board of Trustees of the Vill_ge of East Aurora pursuant to the prov_slons of Article 14 of the Village Law of the S_ate of New York has causeclto be prepared a map of a 50 foot•wide waterline easement across said lands from the south bounds of South Street at Spring Street on the north to the south boundary line of the Village of East Aurora at or near the south bank.of Cazenovia Creek on the south, which is to be acquired, as authorized by £aw (Article 9 of the said Village Law) for the installation of a water pipe line which is necessary to provide adequate water distribution in the Village of East Aurora, which map is entitled: '_P OF WATERLINE EASEMENT ACROSS LANDS OF RIC}L_RDY. BOOTH, WATERLINE CONDEMNATION - 1970".

NOW t THEREFORE_ BE IT RESOLVED, that this Board of Trustees determines and directs that the Village Clerk file said map in the Office of the Clerk of the Village of East Aurora, New York on the 28th day of April, 1970 and in the Office of the Clerk of the County of Erie on April 28, 1970.

Trustee David P. Elmer moved, secodded by Trustee Walter E. Nicoloff and carried with no negative votes that"the.following resolution be adopted:

WHEREAS, the Board of Trustees of the Village of East Aurora, pursuant to the provisions of Article 14 of the Village Law of the State of New York, has caused to be prepared a m_p of a 50 foot wide waterline "easement across the lands of Richard Y. Booth running from north to south across said lands from the south bounds of South Street at Spring Street on the north to the south b6tmdary line of the Village of East Aurora at or near the south bank - _ _ _'a0_n6_enovia Creel

a. 180 East Aurora, New York April 27, 1970

tribution in "the Village of East Aurora, which map is entitled '_4APC@F WATERLINE EASEMENT ACROSS LAND OF RI_ Y. BOOTH, WATER LINE CONDEMNATION - 1970"; and

WHEREAS ,the Board of Trustees has directed the Village Clerk to file said map in the Office of the Clerk of said Village on April 28, 1970 and in the Office of the Clerk of the County of Erie on April 28, 1970.

NOW_ THEREFORE_ BE IT RESOLVED, that this Board of Trustees hereby dee termines and directs :

i. That condemnation proceedings by the Incorporated Village of East "Aurora to acquire title to the S0 foot water line easement shown on said map, for the purpose, shall be conducted pursuant to Article 14 of the Village Law of theState of New York.

2. That the -compensation to be made to theewner •of the-said land constitut:ingsaid -Easement to be acquired as aforesaid shall be determined bythree Con_nissionersof Estimate to beappointed by the Supreme Court of the State of New York for the Cotmty of Erie.

3. That the'whole Of the cost of acquistition of said water line easement to be acquired as aforesaid, the whole of the expense of the proceedings for such acquistition, the whole of the expense of the Office of the Village Attorney incurred by reason of said proceedings, and the whole of the expense incurred by the Village Engineer of said Viilage in the preparation of'maps and surveys shall be charged to•and borne by the capital account for the construction, reconstruction, and enlargement of the Village Water System of the Village of East Aurora.

4. "That a hearing in respect to said map, as provided by Article 14 of the Village Law of the State of New York,be held by this Board at the Village Board Room"in the Village Hall, corner of Main and Paine Streets, East Aurora, New York at 8:00 o'clock P.M. (E.D.S.T.) on Monday, May 25, 1970, and th_tthe_Village Clerk cause"due notice of the filing of said m_p and of the holding of said hearing to be published in the East Aurora Advertiser, which newspaper is and is hereby designated as the official newspaper of said Village for the purpose of said publication and said publication shall be made in accordance with the provisions of Article 14 of the Village Law of the State of New York/

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with"no negative votes that the following resolution be adopted and forwarded to the New York State Department of Transportation:

BE IT RESOLVED th'atpermission be gran_ddto the East Aurora Fire Depart- ment to conduct a parade in the Village of East Aurora on Main Street (U.S. Route 20A--New York State Route 16--New York State Route 78) between North and South C,rove Streets "onthe _est and "Riley and Elm Streets on the east and on Fillmore Avenue, North Grove Stree% Riley Street and across Girard Avenue at Riley Street on Saturday June 27, 1970 between the homrs,of 7:00 o'clock P.M. and 8:30 o'clock P.M. (E.D.S.T.). A detour will b_p_$_dd by proper signs during the time of the said parade which will direct U.S. 20A and New York State Routes 16 and 78 traffic eastbound fran Main Street into Center Street one block; east on Oakwood Aven_eto Olean Street (New York Route 16); north one bIock to Main-Street. " The same detour in reverse will be posted .81. East Aurora, New York April 27, 1970 prop proper signs directing westbound traffic along the same detour route. The said detour route will be properly policed under the supervision of the Village of East Aurora Pol_ce Department to direct traffic along the said detour during the _aid hours of the parade.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution be adopted:

"WHEREAS, it is'the intent of the Village Board of theVillage of East Aurora,_York to join with the Town of Aurora in the operation of a joint recreation for the elderly program and, P WHERF_,'the Village of East Aurora, New York is about to submit an applicat_for such a project to the State Education Department and the Sz StateRecreation Council for the Elderly for its approval, and if approved, to apply subsequently, to the State of New York for partial reimbursement of funds expended on'such project, as provided by Chapter 909 of the Laws of 1969 as amended;

NOW_ THEREFORE t BE IT RESOLVED, that such application is in all respects approved and Robert B. Kelly, Mayor of theVillage Board is hereby directed and authorized _o duly execute said application to the State Education De- partment and the State Recreation Council for the Elderly for its approval.

This Resolution is to take effect in_ediately.

Village Attorney Walter W. How_tt was asked to review the Depew Power and Light Franchise and report his findings to the Board at the meeting of May 18, 1970.

Trustee James W.-Ford moved, seconded.by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting adjorn at 11:05 P.M.

- DerothykF. Rosen, Village Clerk

East Aurora, New York May 4, 1970

Minutes of the reg_1_r meeting of the Board of Trustees .of the Village of East Aurora, New York, held in the Board Room of the V_llage Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, May 4, 1970 at 8:00 P.M.

There .werepresent the following: Messrs. Robert B. Kelly, Mayor presiding; DAvid P. Elmer, James W. Ford, Neal Jacobus, Walter E. Nicoloff, and Raymond A. Smith, Trustees comprising a quort_ of the Board;also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the minutes of the regular meeting of April 20,b_9_proved as corrected, and the minutes of the recessed meeting .81. East Aurora, New York April 27, 1970 prop proper signs directing westbound traffic along the same detour route. The said detour route will be properly policed under the supervision of the Village of East Aurora Pol_ce Department to direct traffic along the said detour during the _aid hours of the parade.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution be adopted:

This Resolution is to take effect in_ediately.

Village Attorney Walter W. How_tt was asked to review the Depew Power and Light Franchise and report his findings to the Board at the meeting of May 18, 1970.

Trustee James W.-Ford moved, seconded.by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting adjorn at 11:05 P.M.

- DerothykF. Rosen, Village Clerk

East Aurora, New York May 4, 1970

East Aurora i New York ApriMay 4, 1970

of April 27 be approved as submitted.

Village Engineer james R. O'Connor reporte_lin regar_lto the Aurora Lanes that the Electrical Inspection Underwriters of Buffalo had filed a certificate, but it had not been received by the Enginaer. Also, the fire door has not yet been received..

AS regards the Kendall Station, there has been considerable improvement, but there is yet a great deal to be done. Approximateiy ten vehicles-have been removed, with five yet to be removed. This will be on the agenda for the May 18 Board meeting.

Mr. Richard_10rris, "315 Girard Avenue, read:and distributed a report that he had made on the trees on Girard Avenue. ""

_4r.O'Connor reported that the trees have been trimmed, and one dead Elm tree in the northwest corner of Maple Road and Girard Avenue is now being removed. The other trees that they are planning to remove are all dead Elm trees.

Mr. Joseph Castellini, 348 Girard Avenue, stated that he felt that he had no assurance that his trees would not be taken dbwn. ,

_4r.Clarke E. Thrasher, J_,., 377 Girard Avenue, as'ked if any trees on the corner of Maple Road and Girard Avenue would be removed because of the widening of the corner.

Mr.O'Connor'said that to his knowledge,no trees are to be reraovedon the corner of Maple and Girard Avenue because of the street widening.

Mr. Albert Knecht, 156 Pratt Street(corner of Girard Avenue), said that limbs are being remoyed by the big equipment indiscriminately and that this should be checked.

" Mr. Albert Hill, 508 Girard Avenue, stated that the tree on the north side of Girard Avenue at Whaley Avenue had .been removed. It was stated that the owners were glad to have it takefiout. Limbs mlso had been removed from the trees on the corner of Pratt Street and Girard Avenue.

Mr. Vernon Vrana, 160 Girard Avenue, asked if there are p.lansto put in a new sidewall_on the two blocks west of Hamlin Avenue, and if so,.would this mean remov_ of any of the trees.

Mr. O'Connor feels that these sidewalks will be left intact.

Mrs. Kathleen Nye, 365 Girard Avenue, feels that a project of these dimensions should have been better planned.

It was suggested that the Engineer have a real5drawn showing'the layout of the sidewalks, this map to be available for residents to look at ddring the day May Ii, 1970. The Bo.ardcouldconsider it at the evening meeting that night.

Mr. Lawrence Vogel, 536 Girard Avenue, asked if replacements would be planted where trees were removed.

Mr. O'Connor stated that the Village is replanti.figregularly, and the Fall planting will probably be on Girard Avenue. 183 " East Aurora, New York May 4, 1970

Trustee'David P. Elmer recommended that Mr. O'Connor organize a meeting with Mr. E. Huniker and Mr. James May to work out s6me of these problems. Mr. Elmer.also stated that the Board should make some decision on the "701" plan regarding park use at the end of Girard )_venue.

Mr. Clarke E. Thrasher, Jr., 377 Girard Avenue, submitted the following petition signed by 39 Maple Road residents:

".'_qethe tmdersigned being the reside}itsof East Aurora.petitioh the Board of Trustees of the Village of East Aurora to take action to have the traffic re-routed from the Aurora Expressway by way of Bowen Rd. _o Seneca Rd. or Jamison Rd. to Seneca Rd. to alleviate the heavy traffic on Maple Road due to the Aurora Exit of the Expressway. The traffic congests at Maple and Girard due to repaving, _llegal exitlng of trucks, speeding cars in a highly-taxed, densely residential area, with two schools"and three churches. We experience dust, bumper to btmTpertraffic, and conditions that threat- en the health;;safety, and welfare of our families and neighbors and all Erie County residents."

Mr. Dale Trudell, Fillmore Avenue, said that he doesn't expect that the traffic pattern will change and suggested that there might be a school traffic guard at the corner of Parkdale Avenue and Maple Road.

Trustee Walter E. Nicoloff stated that he felt the stop sign was too high to be seen, but was informed that if has been ereCted according to state law.

Mr. George Fischer, 118 Maple Road, is concenied with the great amount of truck traffic now using Maple Road and wondered if there were some way to prevent this. Maple Road, being a county road, any rerouting of truck traffic would have to come throu'ghaanaapplicationto the county.

Mr. Richard Glover, 30 Hamlin Avenue, asked if any progress had been made on the Schilling violations.

Mr.\O'Connor stated that the information is being brought before Judge Zimmern_an Wednesday night, May 6, 1970.

Doctor Raymond Hoffman of the Rotary Club stated that they propose to continue planting trees in East Aurora, and the next stage will be a donation of $500 for the purchase cSftrees on the north side Of Main Street from Elmwood Avenue to the traffi'c circle;': '""' ' ......

Trustee David P. Elmermoved, seconded by Trustee WalterE. Nicoloff and carried with no negative Votes that the Village Engineer be authorized to ' cooperate with the Rotary Club in th e planting of trees on the north side of Main Street.

Trustee Neal Jacobus noted that some school group had planted trees at School on Earth Day." he suggested that Mayor Kelly write t-othe school commending them.

Mr. O'Connor, reporting on the Model Housing'Code, stated that the City . of Dunkirk and the Village of Hamburg are using the State Code with some mod- ifications. Copies of this code are being sent from Albany. 184 East Aurora, New Yo_ May 4, 1970

Trustee David P. Elmer suggested that a Work Session be planned as soon as possible after distribution of the codesbooks.

In reporting on the condition of the comfort stations in Hamlin Park, Mr. O'Connor stated that the condition in the building next to the parking are_ was partly a case of poor housekeeping on one half, the other half will require about $500 worth of work. In the building north of the path, a figure of $1500 for repair was given. This would entail a new concrete floor, new ceilin_g,new fixtures, and making the building vandle pro_if.

It was reported to the Board that Fire Department Vehicle No_.8 (the Village Fire Department Rescue and Firs.tAid Squad Emergency Vehicle) owned by the Village"of East Aurora had been completely .destroyed by accident at the Breckenridge Toll Barrier of the Niagara Section .of the New York S_ate Thruway in Buffalo, New York at about 12:30 o'clock P.M. on Saturday, May 2, 1970. It was further Reported that the said rescue vehicle was. at that time driven by Th_as Cotton, a regular member of the Fire Department Rescue and First Aid Squad at the time of the accident and that Mr. Cotton and Michael Dennis, another member of the said Fire Department Rescue and First Aid Squad who was in attendance in the vehicle at the time, were injured and have been hospitalized. Further details of .the accident.._andthe destruction of.•the Fire Department Rescue and First Aid Squad Emergency Vehicle were also reported to the Board. ..

During a discussion it was developed that this Board has hitherto app_._ved the organization of the emergency rescue and first aid squad by and as a part of the East Aurora Village .Fire Department, and hag purchased equipment for and paid for the cost of adapting apparatus to be used by the said Fire De- partment in emergency rescue and first,aid work.

It was further reported to the Board by Mayor Kelly that following the destruction of the _ergency Rescue and First Aid Vehicle No."8 the Village Fire Department was without a vehicle to supply emergency rescue and first aid service in this Village and that no immediate survey of sources for an_ other rescue and first aid vehicle had been instigated. It was reported that the said surve);revealed that there were no such emergency rescue and-first aid vehicles available in the Western New York area or within a radius of 400 miles of East Aurora,on any basis (purchase or rental) and that finally arrangements had been made for a 1970 Chevrolet halfton Rescue truck to be delivered to the Village Fire Hall _,JS_._aq_e:; Newl¥_kwhyrNa_iomalnO_s. - _omi_o'a_hef_._f_g_w_ep orbedet_'at-t_l_i_a_970iChe_e_rhal f_ton-Rescue Vehicle was delivered to the Village Fire Hall on Sunday, May 3, 1970 where - _ it now available for-emergency rescue and first aid service. The said 1970 •Chevrolet Resc_ieVehicle, however, is not available on a,lease or rental basis and has.been delivered'to this Vil'l.ageas a demonstrator or trial v'ehicle for use by the Village, the Village Fire Department, and the-Fire Department Emergency Rescue and First Aid Squad on this basis only for ten days.

It was furtl_erreported to the Board that during the 12 month period ending December 31, 1969 the Village Fire Department Emergency Rescue and Fir_st±Aid Squad answered 432 emergency c_lls, an average of more than one such call per day during_aid period. It wasnoted that 58 such calls were answered in April, 1970.

It wasfurther reported to the Board that the Fire Department Emergency East Aurora, New York May 4, 1970

Rescuee and First "Aid Vehicle No. 8 was covered by the Village vehicle fleet collision insurance, and that proce4dings _ave b_en start4d to recover payment for the lost value of the vehicle from the Village collision insurance carrier.

The requirements of Section 103 of the General Munidipal Law that a m_ni- cipal purchase contract involving an expenditure of more that one thousand dollars be awarded only to the lowest responsi_l_ebidder after advertising for bids . was discussed. It was reported that the 1970 Chevrolet half-ton Rescue Vehicle n_ in the Village Fire Hall maybe purchasedfor about $9000.O0.

' Following further discussion it was moved by Trustee Raymond A. Smith,seconded by Trustee David P..Elmer and carried with no negative votes that this Board of Trustees makes the following findings:

I. That the providing of emergency rescue and first aid se_ices by the Emergency Rescue and First Aid Squad is an essential service to the resi_ dents of the _i_llageof East Aurora-and the Town of Aurora and affects the 1 " lifes, health and safety of the:inhabita6ts of the said Village of East Aurora and Town of Aurora (Fire Protection District No. I).

2. !_hatthe destruction of_the Village Emergency R_scue and First Aid Vehicle No. 8 was caused by an"accident on May.2, 1970. _

3. That the said Emergenc_ Rescue and First Aid Vehicle No. 8 was the only such vehicle in the Vil_age of East Aurora Fire Department and its destruc-t- tion left the said Village Fire Department without a resc@e and first aid vehicle.

4. That it-is essential that an emergency rescue and first aid vehicle be available to the East Aurora Village Fire Department and its Emergency R_scue and First'Aid Squad to provide rescue and first aid services tothe inhabitants of this Village and the adjoining Town of Aurora Fire Protec_- £,_onDistrict.

5. That no adequate rescue and first aid vehicle to replace the destroyed Emergenc_.Rescue and First Aid Vehihle'No. 8 is available for rent or lease by this Village..

6. That the destruction of said emergency rescue and first aid vehicle and the non availabl.i_tyofa'_replacementof the same On a"rental basis has created a public emergency.

7. That the need for immediate action which cannot await c_mTpetitivebid- ding exists ih th&s Village.

8. That the 1970 model Chevrolet halfton fescue and first aid vehicle, deliveredf_-othe Village Fire Hall and presently available for use in emergency rescue and first aid work on a trial and demonstrator basis, is being so tried and tested by the authorized representatives of the East Aurora Village Fire Departmental

_anit was moved by Trustee James W. Ford, seconded_by Trustee Raymond d carried with no negative votes that the foll_ing resolution be adopted: 1B6. •

East_ora, New York May 4, 1970

Whereas, this Board has made certain findings in connection with the destruct--_of Fire Department Emergency ROscue and First Aid Vehicle No. 8 and the resulting lack of equipment for the supplying of such'emergency rescue and first aid services to the inhabitants of this Village;_and -

Whereas, it has been found that a replacement-for such destroyed emergency rescue and •first aid vehicle cannot be obtained on a loan or rental basis while competitive•bidding procedures are followed, and

Whereas, it is essential for the life, health,-and safety of the in- habit_-_ o_ this Village that uninterrupted emergency rescue and first aid service be available to the inhabitants of this Village.

Now, Therefore, Be'It'Resolved I that a public emergency exists in connection with the accidental destruction of Fire Department Emergency Rescue and First Aid Vehicle No. 8, and be it further •

RESOI:.VED.thatbyreason of such public emergency immediate action is requi_ cannot await competitive bidding as._providedin Section 103 of the General Municipal Law, and be it further

• RESOLVED_that the mayor of this Village; upon.the approval of the ap_ propr_t_--_icers of the Village Fire Department, be and he hereby is authorized to enter into a contract for the purchase of a proper emergency rescue and firs_ aid vehicle to replace the destroyed rescue and first aid vehicle No_ 8 without awaiting competitive bidding, at a cost not:to exceed $9900.00

The following report was received from the Fire Department•Chief and the Assistant Chief:

The.1970 Chevrolet half-ton rescue vehicle now at the hall was examined and checkedby Chief Neil Ellson, Assistant Chief Arthur'Popiol, council members, and first:aid members. """

It was found generally acceptable and satisfactory. The representative of National Custom Coaches Inc., Elmer Shaw of Syracuse, N.Y. agreed to the following exceptions by telephone on the evening of 5/6/•70;.upona,call f-romthe Fire Hall:

i. He will do the prescribed striping and lettering. 2. He will mount department's large oxygen bottle. 3. He will install one more cabinet in vehicle.

Otherwise it _is complete and ready to go--Erie Co. fire radio must be installed.

No further equipment (except radio) is needed--some items were salvaged from No. 8--ie. bandages, kits, bottles, etc.

_Price is about $9;000.000)

F6_Iowinga further discussion relative to the manner in which the purchase of said emergency rescue and first aid vehicle would be financed, it was moved by Tr_mtee Walter E. Nicoloff, seconded by Trustee Raymond A. Smith and carried with no negative votes that the Village Treasurer and Attorney p_epafe the necessary :resolutions and documents to provide a capital note in an amount not to exceed $9900.00 to provide for the financing of thessaid purchase. • 187 . East Aurora, New York May 4, 1970

Mayor Robert B. Kelly moved, seconded by Trustee James W. Ford and carried with no negative votes the accept/mce of the recomendation of Judge Edward M. Zimeman for the appointment of Bruce G. Homing as actingPolice Justice for the balance of the current official year.

The Dog Warden's report for the month of April was submitted by the Mayor and ordered to be filed in the usual manner. .

Mayor Kelly reported that he and the Trustees made an-inspection of the Village on Saturday, May 2, 1970.

A letter was read from Raymond M. Kron, Jr. for the East Aurora Fairplay Base- ball Team requesting the use of the Hamlin Park baseball field.

Trustee Raymond A. Smith moved, geconded by Trustee Walter E. Nicoloff and carried with no negative votes that the East Aurora Fairplay Baseball Team be granted the use of the Hamlin Park baseball field on the following dates: at 2:30 P.M. on May 21, June 14, July 4 & 5, and October 2 & 9; and at 6:30 P.M. on June i0 & 17, July 22 &.29, and October 5.

The meeting of the area Niagara County Regional Planning Board is to be held at the Kaegebein School on Grand Island on Thursday, May 7, 1970.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes that the expenses of the Planning Con_nissionmembers and the Village trustees attending this meeting be paid for according to S_c- tion 77B of the General MuniCipal Law.

Trustee Walter E. Nicoloff moved, seconded by Trustee DAvid P. Elmer and carried with no negative votes that vouchers No. 1152 through No. i191, in the amount of $23,608.68 on the General Fund and vouchers No. 268 through N@. 276 in the amount of $4,269.31 on the Water Fund, as audited by the Mayom and Trustees be ordered to be paid.

Trustee DavidP. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting recess at 11:25 P.M. to reconvene at 8:00 P.M. May ii, 1970.

hy Rosen,VillageClerk

East Aurora, New York May Ii, 1970

Minutes of the recessed meeting of May 4, 1970 of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, reconvened at 8:00 P.M. May ii, 1970.

There were present the following: Messrs. Robert B. Kelly, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Walter E. Nicoloff, and Raymond A. Smith, Trustees comprising a quorum 6f the Board; also Messrs. Walter W. Howitt, Village Attorney; James O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk. • 187 . East Aurora, New York May 4, 1970

The Dog Warden's report for the month of April was submitted by the Mayor and ordered to be filed in the usual manner. .

Mayor Kelly reported that he and the Trustees made an-inspection of the Village on Saturday, May 2, 1970.

A letter was read from Raymond M. Kron, Jr. for the East Aurora Fairplay Base- ball Team requesting the use of the Hamlin Park baseball field.

The meeting of the area Niagara County Regional Planning Board is to be held at the Kaegebein School on Grand Island on Thursday, May 7, 1970.

Trustee DavidP. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting recess at 11:25 P.M. to reconvene at 8:00 P.M. May ii, 1970.

hy Rosen,VillageClerk

East Aurora, New York May Ii, 1970

East Aurora, New York May 11, 1970

Trustee Raymo_d !A. Smith proposed that overnight parking on the streets be a allowed from Ap_i'l15 to October 15. A proposal'was made that the Village Attorney draw up a revision of Chapter i} Article 7, Sections 18 and 19 of the Village Or- dinances for review by.this Board.

The condition of the rest room at Hamlin Park will be on the agenda for May 18.

Trustee Walter E. Nicoloff reported that at the corner of Buffalo Road and Girard Avenue there are very large holes and large rmounds of earth creating a bad dust situation. This spot is not posted as a construction zone.

Trustee David P; Elmer reported on his presence at-the Erie Niagara R_gi0nal Planning Boardmeeting held at Grand Island. This meeting was well attended and the total plan for sewage treatment and the reservoir planning was very well presented and thought out. He feels there is a serious need for the Village to relate to the Town for consideration of these items.

Trustee Elmer met Kenneth Mayor, Superinterident6f Oakgrove Construction Company, and Gerald Hawkins, Highway Engineer from the Erie County Highway Department, regarding the programming of the work on Girard Avenue. They discussed the planning, traffic, trees, and the Fisher Price situation. The statement was made that there would be no more trees cut down. The plan for handling Fisher Price traffic was upset because of unexpected water breaks. They will try to let people know in the future.wh_t.L their plans are. The traffic at Maple and Girard will have to be handled through Mr. H_iker.

Mr. Elmer also suggested that we keep the possibilty of installing anti-emission control devices on Village equipment in mind. •

Village Engineer James R. O'Connor asked that Clifford Becker's request to carry his four weeks vacation over into the new year be .granted.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and carried with no negative votes that Cliffo#d Becker be allowed to extend his vacation time of four weeks over into the new year.

The matter of the large water bill of Stanley Hitchings, 102 Center Street, cane on for discussion. It was asked that a record of his usage be brought in for consideration at the May 18 meeting.

Village At_6_ney Walter W. Howitt reported that Jay Marshall will set up a meeting with his aunt, Mary Marshall, with Mayor Kelly and Attorney Howitt regarding the acquistition of the Marshall property. -'TrusteeJames W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes that the Mayor and Village Attorney be authorized to investigate the purchase of the Mary Marshall property adjacent to the park.

It was suggested that Trustee Raymond A. Smith bring in findings regarding the park in general, and Trustee David P. Elmer bring in findings re the purchase of the property. 'i'r Trustee Raymond moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution be adopted: 9

East Aurora, New York May ii, 1970

WHEREAS, the Village of East Aurora took title to premise_ known as Sub- divis1_--_s 45 and 46 as shown on a map filed under Cover 1570 in the Erie County Clerk's Office by a referee's deed following a tax lien foreclosure sale in which deed the said Subdivision lots were described as having their north lines contiguous with the "north village line and their south lines contiguous with the center line of North Street; and which deed was recorded in the Erie County Clerk's @ffice in Liber 3195 of Deeds at page 138; and

WHEREAS, the Village of East Aurora subsequently conyeyed the said Sub- divislon_ No. 45 under said Cover of Map No. 1570 by a deed recorded in the Erie County Clerk's Office in Liber 3882 of Deeds at page 360 in which deed • the said premises were described by Subdivision lot number only; and

WHEREAS, it appears that the Village of"East Aurora interidedto convey all its inte_e_t and title in and to the said premises acquired_by deed recorded in Liber 3195 of Deeds at page 138 when it conveyed the same by deed recorded in Liber 3882 of Deeds at page 360; and

WHEREAS_ there appears to be an ambiguity as to the north boundary line of sa1-_ivision Lot 45 as shown on said Map filed under Cover 1570; and

WHEREAS, the record owner of said Subdivision Lot Number 45 under Cover 1570 is_----_ianRockwood; and

WHEREAS, there exists in the record some doubt as to whether the Village of E_t-_ra has conveyed all its interest in the premises acquired by said deed recorded in Liber 3195 of Deeds at page 138; and

WHEREAS, this Board desires to make definite the intent of its predeces- sor Boar-_ Trustees to convey its entire interest in the premises acquired by said deed recorded in Liber 3195 of Deeds at page 138,

NOW t THEREFORE_ BE IT RESOLVED, that Mayor Robert B. Kelly be and he hereby is authorized and directed to execute on behalf of the Village of East Aurora a quit claim deed conveying and interest the Village of East Aurora may have in premises acquired by deed recorded in Liber 3195 of Deeds at page 138 which premises are situated on the north side of North Street, 614.75 feet west of the center line of Maplb Road_twitht_edep_h,o_ £06t_0 feet from the center line of.North Street on the east, a depth of 206.20 feet from the center line of North Street on the west, and a northern boundary contiguous with the north corporate village line and a width of 60 feet, to Lillian Rock- wood, the present record owner of Subdivision Lot 45 under Cover 1570.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer anc_ carried-with no negative votes that Ralph Dona be made the representative to the Traffic Safety Council, with Police Chief Carl Waltz as alte'_ate; payment of their expenses to be re_nbu_sed according to Section 77B of the General Mun- icipal Law for the year 1970-71.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that Sally Cotton Wood be granted permanent appointment as Clerk-Typist in the office of the Village Clerk.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that a fee for a permit to sell balloons during 190 East Aurora, New York May ii, 1970

the Memorial Day parade be waived for the young people of the East Aurora Christian Church.

Trustee Walter E. Nicoloff moved,seconded by Trustee RaymondA. Sfitithand carried with no negative votes that Mayor Robert B. Kelly or Deputy Mayor ,JamesW. Ford be permitted to attend the meeting of the Town and Village Officials with expenses to be reimbursed according to Section 77B of the General Mun.i_ipalLaw.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smithaand carried with no negative votes the approval of the water-contract of the •i' Town of Aurora for June i, 1970 - May 31, 1971.

Trustee Walter E. Nicoloff moved, secofidedby Trustee Raymond A. Smith and carried with no negative votes that this meeting adjourn at 10:45 P.M_.I /

Dorothy F. Ro_?, Village Clerk.

East Aurora, New York May.18, 1970

Minutes of the regular.meeting of the Board of Tra_tees of the Village of EaSt Aurora, New York, held in the Board Room of the Village Hall, corner of Main and Paine Streets, EAst Aurora, New York, on Monday evening, May 18, 1970 at 8:00 P.M.

There were present the following: Messrs. Robert B. Kelly, Mayor presiding; David P. Elmer, James W. Ford, Walter E. Nicoloff, and Raymond A. Smith, .Trustees comprising a quon_n of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen,"Village Clerk.

Absent was Trustee Neal Jacobus.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried wi_h no'negative votes that the minutes of the regular meeting of May 4 asdamended .and.theminutes of the recessed meeting of May ii be accepted.

At 8:14 P.M. Mayor Robert B. Kelly declared open the Public Hearing•amending Section 5.04 (part of Article I) of Chapter 16 of the General Ordinances.

No one from the audience spoke. The Mayor read _a letter from Mr. Walter C. Zale, Chairman of the Planning Commission, reporting that they are not in favor of this change.

At 8:15 P.M. Mayor Kelly declared the hearing closed.

Trustee James W. Ford moved, seconded by Trustee D&vid P. Elmer and carried with no negative votes that they recess action,on this until June 8 and that the Planning Co_ission be asked for correspondence With fuller explanation as to their reason for not wishing this change to be made and that it be in the hands of this Board by .June5 for action June 8.- 190 East Aurora, New York May ii, 1970

the Memorial Day parade be waived for the young people of the East Aurora Christian Church.

Trustee Walter E. Nicoloff moved, secofidedby Trustee Raymond A. Smith and carried with no negative votes that this meeting adjourn at 10:45 P.M_.I /

Dorothy F. Ro_?, Village Clerk.

East Aurora, New York May.18, 1970

Absent was Trustee Neal Jacobus.

At 8:14 P.M. Mayor Robert B. Kelly declared open the Public Hearing•amending Section 5.04 (part of Article I) of Chapter 16 of the General Ordinances.

No one from the audience spoke. The Mayor read _a letter from Mr. Walter C. Zale, Chairman of the Planning Commission, reporting that they are not in favor of this change.

At 8:15 P.M. Mayor Kelly declared the hearing closed.

Mr. Mr. DAvid Barry, Deputy Conmissioner Erie County He_th Department, and Mr. Donald Walker, Supervising Health Inspector of the East Aurora office, showed a projected map of the Erie County Comprehensive Sewerage Study--Sub-Regional Systems. They suggested that a sewerage district could be formed by the Town through arrangements with the Vil- lage for treatment. The information given was that by allowing the Town to fore a sewer district, 60% of any future renovation or enlargement of our Village system would be reimbursed with funds from the state or federal government "and that the V$11age would contract with the Town for payment for any sewerage treatment in the district formed.

Trustee Raymond A. Smith moved, secoddddby Trustee David P. Elmer and carr&ed with no negative ._otesthateMr. James R. O'Connor proceed with repair and renovation of the Hamlin Park rest rooms and that $2000.00 from the Contingency Fund in the 1969-70 budget be allocated for this project; the work to be done under contract.

The Mayor announded that he and Village Attorney Walter W. Howitt will meet with Mrs. Mary Marshall on Wednesday, May 20, regarding the purchase of her property and will report tothe Board atthe May 30 meeting.

Discussion of the Stanley Hitchings water bill followed. No decision was reached, but the Engineer was a_ked to get a current reading. This is to be discussed fur'_Jaer at the May 25 meeting.

Mr. O'Connor reported that no progress had been made regarding the situation at the Aurora Lanes. The door had not been received due to shipping problems; add he had not yet received the certification, which was supposed to have been sent.

At the Kendall Station there are five unlicensed vehicles, and notices have been sent.

The drmaings for the Girard Avenue sidewalks are being made and will be presented at either the May 25 or June 8 meeting.

The water and sewer tap-in have been made for the new high school. Trustee Neal Jacobus, Village Attorney Walter W. Howitt, and Village Engineer, James R. O'Connor are to meet with the school board regarding the contract for water and sewer usage. The Mayor will write a letter to the school board.

_illage Attorney Walter W. Howitt presented a review of the Franchise for Trans- mission of Electric Power in and through the Village of East Aurora.

Trustee David P. Elmer moged, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the Village Attorney be authorized to contact the New York State Electric and Gas Corporation to negotiate for authority to install underground conduits.

Reports of the Zoning Board of Appeals action on the properties at 188 North Willow Street, 394 Fillmore Avenue, and 205 South Grove Street were presented to the Board.

The Village Attroney presented a memoranok_nto the Board of Trustees with drafts of alternative amendments to Section 18 and 19 of Chapter I of the General Ordinances relative to All Night Parking and Use of Village Parking Lots. These are to be reviewed and action, it taken, will be June 8. East Aurora, New York May 18, 1970

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes ihat Village Engineer James R. O'Connor be anthorized to request Loziers Engineers to update the cost for refurbishing of the water plant as formerly presented.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff that the five days filing time be waived and three copies b_ the preliminary layout for the Brook Lea Subdivision Eastgate b6sse_t to the Planning C6mmission

Upon a vote of record: AYES NOES Mayor Rol_ert-_.Kelly -" Trustee James W, Ford Trustee David P. Elmer Trustee Walter E. Nicoloff Trustee Raymond A. Smith

The motion was declared carried.

The Village Clerk was asked to write the chairman of the Planning Conm_issionasking that the Village Board be permitted to meet with the Commission when they review the Sub- division plans.

A letter was received fmom the South Buffalo Lioness Club requesting the use of the pavilion and tennis court at Hamlin Park on August 8, 1970 when they will be sponsoring" a hayride for 50 blind teenagers from Erie County. Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that permission be given the South Buffalo Lioness Club' to Use the covered pavilion and tennis court at Hamlin Park on August 8, 1970 from i0:00 A.M. until 3:00 P.M.

Trustee James W. Ford moved, secodded by Trustee Raymond A. Smith and carried with no negative votes that the vouchers No. 1i91 through No. 1224 in the amount of $21,360.64 on the General Fund and vouchers No. 277 through No. 291 in the amount of $2,545.59 on the Water Fund, as audited by the Mayor and trustees be q ordered to be paid.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that this meeting recess at 12:05 P.M. to reconvene at 8:00 P.M. May 25, 1970.

orot y F. _sen, Village Clerk..

East Aurora, New York May 25, 1970

Minutes of the regular meeting of May 18, 1970 of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room atthe Village Hall, corner of Main and Paine Streets, East Aurora,N_ York, recessed to reconvene at 8:00 P.M. May 25, 1970. East Aurora, New York May 18, 1970

Upon a vote of record: AYES NOES Mayor Rol_ert-_.Kelly -" Trustee James W, Ford Trustee David P. Elmer Trustee Walter E. Nicoloff Trustee Raymond A. Smith

The motion was declared carried.

The Village Clerk was asked to write the chairman of the Planning Conm_issionasking that the Village Board be permitted to meet with the Commission when they review the Sub- division plans.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that this meeting recess at 12:05 P.M. to reconvene at 8:00 P.M. May 25, 1970.

orot y F. _sen, Village Clerk..

East Aurora, New York May 25, 1970

There were present the following: Nessrs. JfimesW. Ford, Deputy Mayor presiding; David P. Elmer, Nea_l Jacobus, Walter E. Nicoloff, and Raymond A. Smith, Trustees comprising a quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Cler_.

Absent was Mayor Robert B. Kelly.

At 8:05 P.M. Deputy Mayor James W. Ford open_dd the Public Hearing on the Water- line Easement across land of Richard Y. Booth.

The Village Clerk read the notice of publication. There being no one present to speak, the hearing was declared cloged at 8:07 P.M.

with the arrival of Mr. Richard Y. Booth, the hearing was re-opened at 8:13 P.M. to hear Mr. Booth.

Mr. Booth submitted exhibit RYB-I and expressed his concern over damage which might be done to his property:

RYB-I j25 May 1970

To the Village Board of East Aurora, N.Y. • Property I am opposed to the 12 inch water main running across myqat the point shown on the map prepared by Krehbiel, Guay, Rugg & Hall Drawing #C-636 dated April 22, 1970 for the following reasons: i. Removal of trees. .. 2. Disruption of the"existing drMnage system. 3. Removal of existing ground cover. 4. Erosion that may occur in the future because"of the above.

REVDVAL OF TREES _, • There are large Sycamore aridMaple trees within the fifty-foot right of way that should be left standingwithout injury as they are some distance from the proposed pipeline. This means that they should not be used to tie line to, to drag equipment up the bank. There are perhaps thirty other trees like Butternut, Black Cherry, Mai_leetc. in the four to five inch diameter range that would no doubt be destroyed as they are in the path of the machinery. Th_sBme_hschildren have planted other pine trees that are smaller for their 4 H activitiessthat are in "the path of the machinery. This means approximately 5000 square feet of ground area on the South Street Bank will lose its tree ground _over and be exposed to the subsequent soil erosion on the bahk of the road from flash floods and water run off from South Stmeet. DISRUIrfIONOF THE EXISTING DRAINAGE SYSTEM In the old days of East Aurora there were five or ten springs along this bank which Were contained in wooden boxes connected with wooden pipes which went around to the Legion Reservoir. These springs still exist and the drainage paths from them are filled with rocks in a manner that is parallel to the bank •to'.keepit from eroding out. The pipe line cut will disrupt this drainage pattern along the bank and may cause the water to collect and cause the bank to slip down. On the flat land there is "a:swampwhich is drained by two eight inch clay tile fields. Both of these tile fields have a portion of their length:within the fifty foot right of way. One of the tile fields has its outlet into the • ,o . [-f94

East Aurora, New York May 25, 1970

creekreek at the point where .the p_pe ign_o cross over. Breakage or removal of these two fields will disrupt the drainage pattern of the swan_pand may cause additional erosi6n damage. REMOVAL OF THE EXISTING GROUND COVER The machinery,will remove the grass, cattails and trees and roots that now hold the gromld in place. It will be quite a taickto restore this man made blight back to a natur_ state. This represents another i0,000 square feet of area to be restored. EROSION .... Erosion of the Cazenovia Creek bank has always beenaa problem. We have land on both sides of the cre_k that the pipe will pass through. If the eros sion is not controlled we could lose the-land on either.bank. With the thirty foot pemanent easement we would in effect lose all of our small amount of landonthe South bank of the creek and the land on the North can be dug up for repairs at any time and thus start the erosion and ground cover problem all over again. Richard Y. Booth, P.E. "01fl01

The hearing was declared closed at 8:29 P.M.

With the Board's consent, Village Attorney Walter W. Howitt and Village Engin= eer Janes R. O'Connor will prepare a resolution for amending the easement map to be brought back to the Board for approval in June.

"Mr. O'Connor reported that the fire door at Aurora Lanes had not yet been received. He is to check on the probable delivery date.

There hhd been no progress at the situation at the'Kendall Station. "He also reported that he hhd been unable to reach Krehbiel, Guay,Rugg, and Hall.regarding the updating _ethe Tannery Brook study.

Follc_ing a discussion, Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith'and carried with one negative vote that Mr. Stanley Hitchings .be _,dvisedthat his water bills should be paid.

The Village Clerk was asked to write Mr. Hitchings stating this action and suggesting that he might wish to challange the decision of the Board personally.

Trustee Walter E. Nicoloff moved, secondedby Trustee David P. Elmer and carried with no negative votes that penalties not be levied on these bills tmless the- bills remain unpaid after June 15, 1970.

Mr. Edward Vidler presented drawings of contemplated renovation of Vidler's 5and i0 cent store. It was suggested that he work with Mr. O'Connor and the sub-concnittee for signs of the Planning Commission.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff that the "following resolutionbe adopted:

Capital Note Resolution of the Village of East Aurora, New York, adppted May 25, 1970, authorizing the purchase of a rescue and first aid truck, includ- ingequipment and apparatus used in connection therewith, for the Fire Department of said village, stating the estimated maximum cost thereof is $9,900, approp- "riating said amount therefor, authorizing the issuande of $9,900 Capital Notes --" _0 finance said appropriation, and authorizing any amounts received from shl- vagedand insurance to be expended towards the cost of said specific object East Aurora, New York May 25, 1970

or purpose or redemption of any notes issued therefor or to be budgeted as an offset to the taxes for payment of the principal and interest on said notes.

Upon a vote of record: AYES NOES Deputy Mayor James W. Ford none Trustee David P. Elmer Trustee Neal Jacobus Trustee Walter E. Nicoloff Trustee Raymond A. Smith

The motion was declared carried.

Trustee Raymond A. S_ith moVed, seconded by Trustee Da_d P. Elmer _he authorization of the Notice of Publication of the foregoing capital notes.

Upon a vote of record: AYES NOES Deputy Mayor James W. Ford none Trustee David P. Elmer Trustee Neal Jacobus Trustee Walter E. Nicoloff TruStee Raymond A. Smith

The motion was declared•carried.

Trustee David P. Elmer moved, seconded by Trustee Raymond A. _mith that the foll_ing resolution be adopted:

Capit_ Note Resolution of the Village of F_t Aurora, New York ad_ted May 25, 1970, authorizing the purchase of a Tarrant leaf picker and apparatus used in connection therewith, for the Public Works Department of said village, stating the estimated maxim_ cost thereof is $4,600,,Cappropr_atmngtsa_dnamQ_nt _erefor, author_zlng the"issuanc__of $4,600 Capital_Notes.to finance said appropriation. Upon a vote.of record: AYES NOES Deputy Mayor James W. Ford none Trustee David P. Elmer Trustee Neal Jacobus Trustee Walter E. Nicoloff Trustee Raymond A. Smith

The motion was declared carried.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff the author- iza_ion of the Notice •ofPublication of the foregoing capital notes.

Upon a vote of record: AYES NOES Deputy Mayor James W. Ford none Trustee David P. Elmer Trustee Neal Jacobus Trustee Walter E, Nicoloff Trustee Raymond A. Smith

The motion was declared carried.

Mr. O'Connor reported that the water line contract originally p_med for North Grove Street is now being proposed for Maple Street since Maple Street is wider and work is to be done there by the New York Telephone Company. They propose to run a k 196 East Aurora, New York May 25, 1970

line up Fillmore Avenue to the high school property at a cost of approximately $8,000. This does not include, however, the adjustment for differences in the cost of Side- wal_s.

The Engineer was asked to bring in findings regarding the cost of this project. There fol_owed a discussion of some proposals of the Safety .Con_ttee.

TnLstee Raymond A. Smith moved, seconded by Trustee Da_d I_.Elmer and carried with no negative votes that the petitidn of the Village Clerk to make corrections on the tax roll be received.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that Leo Roth and Robert l_othbe notified of the hearing to be heid on June 8, 1970.

Trustee Neal Jacobus brought up the matter of the Pine Street pa_king lot, which had first been presented June 9, 1969. By "cc_nonconsent Trustee Jacobus will work with Mr. Edward Leffler and Mr. James R. O'Connor on :plans for the development of the Pine Street parking lot.

Mr. and Mrs. Glenn Lemke, 315 Olean Street, appeared to complain of a problem they are having with sewer backup due to the poor condition inside the present sewer line on Olean Street from Chestnut Hill Road to South Street.

Trustee Neal Jacobus moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the Village Engineer be authorized to contact Kreh- biel, Gaay, Rugg, and Hall akking for an engineering study for relief of the sanitary sewer situation from Chestnut Hill Road to Southh Street.

Mrs. Harold CamnitZ;, 450 Fillmore A_enhe, appeared to report alleged illegal occupancy of the third floor of these premise_. Mr. O'Connor will investigate.

Trustee WaSter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that the Board rescind the resolution of April 20 authorizing the transfer of $825.00 for the Riley Street survey by Krehbiel, Guay, Rugg, and Hall from the contigency account in the General Fund /%290-650 to the Capi_iFund H890.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that $825.00 be transferred from account A290-650 _ of the contingency fund to A290-560 General Fund for capital improvement.

Trustee Walter E. Nicoloff moved, seconded by Trustee Davi_ P. Elmer and carried wfth no negative votes that $825.00 be transferred from A290-560 General Fund for capital improvement to Capital Fund H890.

A letter was received from the Town of Aurora suggesting that the Village Board and the Town Board meet jointly with respect to the use of the sewer line constructed to serve the new high school.

The mayor has appointed Trustee Wa_ter E. Nicoloff, Trustee Neal Jacobus, Village Attorney Walter W. Howitt, and Village Engineer James R. O'Connor to work with the school regarding the school's sewer line.

.TrusteeWalter E. Nicoloff moved, seconded by Trustee Raymond A..'Smithand carried with no negative votes that permission be granted to the Jaycees and Jayn- ce_.,e-_ to ]Ioi:i :'"-_--_'- ._i±:" r i97 East Aurora, New York May 25, 1970

cees to hold the Children's Fair in Hamlin Park on May 30 and 31 because of the inclement weather of May 23 and 24, if there is no conflict with the Re- creation Department, and that they be permitted to use a sound truck as requested if a pemit is issued.

Mr. O'Comnor reported that William St_n of Loziers Engineers hh_ volunteered to meet with the Village Board and 8iscuss not only the updating of the cost of improving the water plant b_t also the complete water situation in the village.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that Mr. O'Connor be authorized to advertise for bids for a contract for the hauling of salt and to also advertise for bids for a i0 whe_l d_mrptruck to be used for hauling salt between Rotsoff and East Aurora, bids to be open@d June 8.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting recess at 11:45 P.M. to reconvene at 9:30 A.M. May 30.

Dorot_ F. (_Ssen, Village Clerk.

East Aurora, New York May 30,1970

Minutes of the regular meeting of May 18, as recessed and reconvened May 25, of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room at the Village Hall, corner of Main and Paine Streets, East Aurora, New York, reconvened again at 9:50 A.M., May 30, 1970.

There were present the foll_qing: Messrs. James W. Ford, Deputy Mayor presiding; Neal Jacobus, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quorom of the Board; also Messrs. Walter W. H_._itt, Village Attorney" and Dorothy F. Rosen, Village Clerk.

Absent were Mayor Robert B. Kelly and Trustee David P. Elmer.

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried with no negative votes that:

NtEREAS it is believed to be in the interest of the Village to complete water line negotiations, THEREFORE, BE IT MOVEDthat Deputy Mayor James W. Ford be authorized to sign the following letter to Mr. and Mrs. Gordon Barton:

Mr. & Mrs. Gordon W. Barten May 30, 1970 450 Center Street East Aurora, New York 14052

Dear Mr._ & Mrs. BartenL

The Village of East Aurora is interested in constructing a new 12" waterline from South Street to the location of a one mi_lliongallon water r i97 East Aurora, New York May 25, 1970

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting recess at 11:45 P.M. to reconvene at 9:30 A.M. May 30.

Dorot_ F. (_Ssen, Village Clerk.

East Aurora, New York May 30,1970

Absent were Mayor Robert B. Kelly and Trustee David P. Elmer.

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried with no negative votes that:

Mr. & Mrs. Gordon W. Barten May 30, 1970 450 Center Street East Aurora, New York 14052

Dear Mr._ & Mrs. BartenL

The Village of East Aurora is interested in constructing a new 12" waterline from South Street to the location of a one mi_lliongallon water 198 East Aurora, New York May 30, 1970

storage tank just west of the Center Street right-of-way near Hubbard Road.

In order to do this, a creek crossing must be installed and pipeline laid in the Old Center Street right-of-way. Inaddition, to connect these points, it will be necessary to cross your land. This letter then, is a request for a Permanent Easement for the purpose of installing this new waterline.

Mr. Robert Schutrum, Attorney for the Village, has been authorized by the Board of Trustees'to discuss this matter with.you. It is.our understanding also, that you and your neighbor, of the Clarence Ess Estate, are interested in being provided withwater service connection to supply the water needs for both dwellings.

.The connection, of course, can very easily Be supplied at the time the watennain is installed and possibly can be a condition or a part of the Easement Agreement. Stipulation would be however, that service would be limited to the two dwellings now in existence and that terms of service would be the same as for all other private properties outside corporate li_its of "the Village. We hope tkis arrangement will be sat{sfactory with you.

Your cooperation is greatly appreciated.

_ Very truly yours,

James W. Ford ". JWF:g CC: Walter W. Howitt Robert Schutrt_ Village Clerk Village Engineer

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes:

RESOLVED that the Village Clerk be authorized to make budgetary transfers within the General Fund and the Water Fund appropriations as necessary_and bring into adjustment accounts within said funds. -_ b_L a_ _

....TrusteeWalter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the Village Clerk be authorized to encumber funds to cover outstanding purchases incurred to be paid from the 1969-70 Budget.

Trustee Raymond A. Smith moved, seconded by Deputy Mayor James W. Ford and carried with no negative votes that $2000 be encumbered for work on the restroc_s in Hamlin Park.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A_ Smith and carried with no negative votes that permission be given to the four EastAurora 4-H Clubs to erect a sign at the Circle on June 5th, to be removed on June 13th, advertising a camp fund raising Sale.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the Mayor be authorized to sign an application for State Aid from the Division for Youth.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond'A. Smith and q East Aurora, New York _ May 30, 19.70 2 _

carried with no negative votes that the vouchers as audited by the Deputy Mayor and Trustees be ordered to be paid. General Fund No.1225 to 1275 in the amount of $55,291.06. Water Fund No.292 to 306'in _the amount of $5000.58. T_stee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes._hat this meeting adjourn at 10:20 A. M.

GENERAL FUNDTRANSFERS

From Account To Account- AI0 - i00 $ 250. A20 - 400 518. AI0 - 200 795. A40 - 400 3729. AI0 - 400 735. A54 - 400 1993. A30 - 400 219. A58 - 400 259. A40 - i00 206. A60 - i00 190. A40 - 200 500. A66 - 400 19.1 A58 - 200 1057. A74 - 400 2686. A64 - 400 322. A75 - i00 1170. A64 - 200 i00. A78 - 400 4361. A74 - I00 449. A81 - I00 1115. A75 - 200 519. A81A- i00 _', / A8i- 200 2910. A82- i00 / A81 - 400 974. A82 - 200 1087. A81A- 400 244. A82 - 400 1326. A85 - 400 1494. A85 - i00 1800. A88 - i00 626. AI01 - 200 2215. A88 - 400 1290'. AI02 - i00 241. MOO - i00 1509. M04 - i00 3594. AI01 - i00 4621. A124 - 200 155. AI01 - 400 1389. A124 - 400 989. AI02 - 4Q0 810. A125 - 400 3257. AI03 - i00 796. A200 _ 100A 733. AI03 - 400 612. A200 - 400A 7616. AI04 - 400 1619. A209 - 400 626. AI08 - 400 2787. A290 - 403 ii052, i AI21 - i00 2932. A290 - 550 1550. AI21 - 200 433. A290 - 630 736. AI21 - 400 2713. A290 - 633 1164. M23 - i00 3694. A290 - 636 1785. A123 - 200 500. A290 - 637 2963. A123 - 400 50. A300 - 693 22400. M24 - i00 5281. A200 - 400B 487.30 A125 - i00 625. AI01 - 200 950. A200 - 100B 702. A290 - 660 750. A200 - 200A 244. A85 - 400 1800. A200 - 400B 963. A290 - 401 3000.33 A204 - 400 234. $ 90666.63 A234 - 400 396. A290 - 401 2420. A290 - 402 352. A290 - 408 381. A290"- 560 4500. A290 - 610 500. A290 - 628 1023. A290 - 650 16952. A290 - 680 189. A290 - 681 754. A290 - 632 i00. A290 - 671 I0000. A300 - 690 908.

.J J 200 _ East Aurora, New York May 30, 1970 GENERAL FUNDTRANSFERS

From Account A290 - 650 $ 487.30 A290 - 650 950. A300 - 693 780. A85 -.I00 1800. A290 - 637 3000.33 $ 90666.63, . -..

WATER.FUNDTRANSFERS

From Account To Accost F260 - i00 $ 45. F260 -,200 $ 45. F260 - 400 785. F261 - 400 785. F262 - i00 930. i F262 - 400 930. F263 - 200 290. F263 - 400 290. F290 - 628 i05. F290 - 681 105. F260 - 40Q. 900. F262 - i00 900. $ 3T. $ 30s5.

/_r_othy//_. Rosen " Villag_JClerk. East Aurora, New York June 8, 1970

Minutes of _he regular meeting of the Board of Trustees Of the Village of East Aurora, New York, held in the Board Roccaof the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, June 8, 1970 at 8:00 P. M.

There were present the following: Messrs. Robert B. Kelly, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quor_n of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the minutes of the meetings of May 18, 25, and 30 be accepted, as submitted and corrected.

Mayor Robert B. Kelly asked Village Engineer James R. O'Connor to assist in the opening of bids for the now Fire Truck. There were two bids opened. American LaFrance submitted no bid since they felt the specifications could only be met by one cc_pany. Young Fire Equipment's bid was in the amount of $49,770.00.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that there being only one bid, this bid be referred to the Village Engineer, Vi'_llageAttorney and Fire Department for review.

There was one bid received for hauling salt, said bid was received from William Thcmpson at a rate of $2.80 a ton.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that this bid be referred to the Village Engineer for his rec_nendation.

The Village Engineer asked that he be allowed to re-advertise for bids for a i0 wheel dlmrptruck since the specifications were rather qomplicated.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff that the Village Engineer be authorized to advertise for bids with revised specifications for a ten-wheel dLmrptruck for hauling salt, these bids to be returned by June 22, 1970.

Upon a vote of record: AYEs NOES

Mayor Robert B. Kelly None Trustee David P. Elmer Trustee James W. Ford" Trustee Neal Jacobus Trustee Walter E. Nicoloff Trustee Raymond A. Smith

The motion was declared carried.

At 8:25 P.M., the Mayor opened the Public Hearing on the change on the assessment roll for the properties assessed to Robert and Leo Roth.

There being no one to speak, the Mayor declared the hearing closed at 8:27 P.M.

Following the hearing upon'the matter of the correction Of the 1970-71 Assessment Roll by changing Account No. 204-318 and adding Account Nos. 204-318-700 and 204-318-800 thereto, it was moved by Trustee Raymond A. Smith, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution be adopted. RESOLUTION •

p f_" N_REAS, the Assessor of the Village of East Aurora filed with this '_Board-_p-_tition, verified the 20th day of May 1970, showing that Tax Account No. 204-318 on the 1970-71 Assessment Roll of this Village should be'corrected and showing that new Tax Account items Nos. 204-318-700 and 204-318-800 should be added thereto, the two latter accounts being lots of record created out of the lands represented by the original Tax Account No. 204-318, and

_W_//RFAS,_JLi_'_d_Ji_i t_o'tlf_applicable provisions of law, notice of more than ten days was duly given to the persons whose real property is subject to taxation by reason of the said tax account as required by Section 1412 of the Real Property Tax Law and proof of said service having been filed with this Board, and East Aurora, New York June 8, 1970

WHEREAS, a public hearing on this matter was held this day, June 8, 1970, at 8:00 o'clock P.M. (E.D.S.T.) at which no objections were raised to the said proposed corrections.

NOW t THEREFORE_ BE IT RESOLVED, that the Assessment Roll of the . Village of East Aurora, New York, for the fiscal year 1970-.71be corrected as set forth bel_ and that the 1970-71 tax roll and statement of taxes relating to said accounts be corrected accordingly.

CORRECrED ACCOUNTS: Owner's Name Property Land Taxable Amount Account No. and Address Location Value Valuation of Tax

204-318 Roth, Leo A. King St. ii00 ii00 51.65 144 Linwood Fl. Wmsvl. ,N.Y.14221

204-318-'700 Roth, Robert F. 126 King St. 500 6000 281.70 160 Reist St. Wmsvl. ,N.Y.14221

204-318-800 Roth, Robert F. 160 Reist St. Wmsvl.,N.Y.14221 136 King St. 500 6000 281.70

At 8:31 P.M., the Mayor opened the Public Hearing on sidewalk assessments.

Mr. Charles Pfleeger, 266 Perry Street, reported that the sidewalk installed on his property was from 2 I/2" to 3" in depth rather t/_anthe 4" with a drivc_cay of 6" as authorized.

Claude Dean, 276 Perry Street, reported that three out of eight blocks installed are already cracked and that a machine brought in to dig out roots had left ruts in the lawn and he has had to fill in and re-seed his lot.

Mr. Wilbur Best, 292 Perry Street, reported a crack in the sidewalk and driveway. The driveway crack is an extension of a crack in his driveway apron.

Mr. Dale Trudell, 377 Fillmore Avenue, said that he was originally billed , for 71 feet and next received a bill for 114 feet. Re questioned the difference in billing. He also reported that Mr. Cemulini admitted he had broken several blocks.

A letter from Mr. Leslie Dinsbier was read stating that he had repaired the sidewalk on his property on the east side of Pine Street a year ago, and he felt there was no need for its having been replaced and felt that he should not be required to pay for this new paving.

Mr. Roy Lang, Assistant to the Engineer, stated that this sidewalk was in need of repair and so had been replaced.

Mrs. Margaret Moog, 492 Fillmore Avenue, returned her assessment with a note stating that sane of her sidewalk was cracked and was flaking, and felt that they should not be required to pay for inferior work. Upon investigation it was noted that the damage could have been caused by the slope of the driveway and hard usage in the winter over the sidewalk. Upon order of Mayor Kelly, this assessment was returned to Mrs. Moog with a note of explanation.

Mrs. James O'Donnell, 79 Pine Street, stated that three blocks in her new sidewalk are cracked and the concrete is flaking. She also wondered if the billing is'ffgured on the number of blocks or the footage. Also, the fill in her lawn has no£ been replaced.

The hearing was declared closed at 9:02 P.M.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes that these complaints be referred to the Village Engineer for review; and after these checks are made, recoccaendationsbe brought to the Board June 22nd.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the request of the Kiwanis Club for the use of a sound truck permit be granted for usage Tuesday, June 9, 1970 fram 5:00 P.M. to 7:00 P. M. East Aurora, New York June 8,•1970 3

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the Cystic Fibrosis Foundation be allowed to have a fund raising drive for eight hours on Sunday, September 20, 1970.

The Village Engineer reported that the status at Aurora Lanes.was unchanged. -_ By consent of the Board, the Engineer will write Aurora Lanes and the Underwriters requesting that a Certificate of Inspection be in the hands of the Board by June 22, 1970.

Re the Kendall Station, this property has been pretty well cleaned up. There is, however, a collision shop there, and there are some cars waiting repair. This is to be taken offthe agenda.

Mr. O'Connor reported that the Tannery Brook study has been updated and is in the office of Krehbiel, Guay, Rugg and Hall. The study will be in his hands by June 15th and he will report to the Board when received.

The property at 450 Fillmore Avenue has been inspected and the owner nptified of the violation of occupancy of the third floor.

The Village Engineer was asked to inspect the apartments over the Pizza Parlor at 406 Main Street and report back to the Board June 22nd.

Village Attorney Walter W. Howitt presented the following memorandum _e the purchase of the Mary Marshall premises at 234 South Grove Street:

TO: Board of Trustees

RE: Purchase of Mary Marshall premises at 234 South Grove Street, East Aurora, New York by Village of East Aurora.

i. Mary E. Marshall and •JayMarshall, her nephew, were visited by Mayor Kelly and Village Attorney Howitt in connection with the above proposal as directed by this Board of Trustees.

2. The premises in question have a frontage on the east side of South Grove Street of 99.1 feet and a depth to .theeast of 200 feet and are bounded on the north by the Hamlin Park Parking Lot, on the east by Hamlin Park and on the south by a 25 foot wide strip of land owned by _e Village of East Aurora.

3. Miss Marshall advised that she has no use for the barn on the premises but wants to reserve the use of the house as her residence for the balance of her life.

.4. Her prop0sal is to sell the premises to the Village for $ii,000., that the Village install a fence around just the house which she would lease back from the Village at a rental that would•pay the real property taxes and the fire •insurancepremium on the property. She, as tenant, would be responsible for the external and internal repairs and upkeep of the house. The Village will pay whatever legal expense_islincurred in ' ,connectionwith the transfer of title and •lease:back_

• 5. It was_agreed that this proposal would be transmitted to your Board for your consideration and that Miss Marshall and her nephew, Jay Marshall,-woul6be advised.

May 29, 1970 Walter W. Howitt

Trustee David P_•Elmer moved, seconded by Trustee James W. Ford and carried with one negative vote that,the Village Attorney be authorized to negotiate an option for the purchase of the Mary Marshall property in the amount of $55.00 at the rate of 1% per year reflecting the purchase price of $ii,000, the amount to be paid$$55.00 for a six (6) months option and that•we solicit Russell Tryon's help in the preparation of,a Development Plan forthis property and prepare anapplication for State Aid for this land as pa#k land.

The following were appointed bythe Mayor to the Capital Expenditures Co_nittee: Chairman, Trustee James W. Ford; Co-chairman, Walter C. Zale;_Trustee David P. Elmer and Trustee Walter E. Nicoloff. _ : •,

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that a,hearing be called for to be•held on June 22nd to be advertised,June llth to amend Section 18 and 19 of the.General Ordinances according to Draft A-2 and Draft B, as amended by the Attorney and presented to the Board. 4 East _t_arora,NewYork June 8, 1970

'[he_nended drafts now read as follows:

Section 18: All Night Parking. Except for the period cc_nencing with the 15th day of April and ending with the 15th day of October, both inclusive, no person shall park any vehicle under his control, or permit the same to stand after 3:00 o'_clockA.M. and before 7:00 o!clock A.M., in any portion of any public street in the Village of East Aurora, except the following portions of such public street where vehicles are permitted to stand between 6:00 o'clock A.M. and 7:00 o'clock A.M.

(i) the north side of Main Street between a point 125 feet east of the east line of Church Street and a point 50 feet wesr of the west line of Pine Street. • _. _

Section 19: Use•of Village Parking:Lots. • p (a) No person shall park any vehicle,under his control or permit the same to stand after 2:00 o'clock A.M. and before 7:00 o'clock A.M., in any portion of any parking lot maintained by the Village of East Aurora for the use,of_the public, except the following portions of such public parking lots where vehicles are permitted to stand between 6:00 o'clock A.M. and 7:00 o'clock A.M.

(I) The northeasterly 200 feet of the public parking lot on the southeast comer of Fillm6re Avenue and Riley Street_ ;

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that the recommendation of Police Chief Carl L. Waltz for the appointment of Lawrence J. Kamien as patrolman to take effect July i, 1970, be accepted.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that the Board ratify the bond of Village Police Justice Edward'M. Zimmerman.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that a bond in the amount of $5000 be ob.tainedfor Acting Police Justice Bruce G. Homing.

Trustee -Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution,re the Booth property be adopted:

RESOLUTION .

WHEREAS, this Board pursuantto the provisions of Article 14 of the Village Law of the State of New York, heretofore caused to be prepared a map of a proposed waterline easement across•lands of Richard Y. Booth, indicating an easement and right-of-way across a parcel of real property in the incorporated Village of East Aurora which is to be acquired by said Village as authorized by law for the installation and maintenance of a water pipe line in the opinion .of•this Board is necessary in order to provide adequate water distribution in the Village of East Aurora, said map being entitled: '_iAPOF WATERLINE EASI_4ENTACROSS LANDS OF RICHARD Y. BOOTH, WATERLINE CONDN_NATION - 1970", and said map having been duly filed in the office of the Clerk of said Village of'East Aurora.on April 28, 1970, and in the office of the Clerk of the County of Erie on April 28, 1970. and

WHEREAS , notices of hearing were duly published according to law and pursuant t-_reto this Board of Trustee on May 25, 1970, held a public hearing in respect to said map at which time reasonable opportunity was afforded to all interested persons to make objections thereto or suggest changes therein, .and J _REAS, at such hearing this•Board heard Richard Y. Booth and received a written statement from him relative to this proceeding and has read the same and caused it ot be made a part of the records of this Village, and

WHEREAS, at said hearing this Board heard testimony that the said easement and rlgt_--h------of-wayisa 50 foot wide waterline easement, that a meter and bouflds description of the said easement and right-of-way has.been prepared by the Village Attorney, that the center 30 feet of the said 50 foot wide easement only need be a permanent easement and that the outside i0 feet of the said 50 foot wide easement on the east side thereof and the outside,i0 feet of the _aid 50 foot wide easement on the west side thereof may be a .temporaryeasement to expire on or about June i, 1971, and ", East Aurora, New York June 8, •1970

_WHEREAS, it is :deemed advisable for.the said map to be amended to make clear that the northern bounds of the said easement is the south bounds of South S_e_t and that the south bounds of the said easement is the south boundary line of the .Village of East Aurora,

NOW THEREFORE, BE IT RESOLVED, that the said map entitled: MAP OF WATERL--T-NE"E--_ AC-R_-S_ RICHARD Y BOOTH, WATERLINE CONDI_4NATION - 1970" be and the same is hereby amended to show thereon the center 30_"foot portion thereof as a permanent easement and the outside i0 feet thereof on the east and west sides thereof as temporary easements to terminate on June i, 1971, and further amended by attaching thereto a meter and botmds description thereof as EXHIBIT "A", and further _nended to show that the northern bounds of said easement is the south bounds of,South Street and that the south bounds of the said easement is the south,boundary line of the Village of East Aurora, and

BE IT FURTHUR RESOLVED that the said Map entitled: '91APOF WATERLINE EASE_7-ACR--_ L--ANb-_OFRICHARD Y. BOOTH, WATERLINE CONDEMNATION - 1970" as so amended is hereby adopted by the Board of Trustees of this Village without further change, and

BE IT FURTHER RESOLVED that a certified copy of this resolution and a new m_ s-_ing_e sa1-_endments thereto shall be filed forthwith in the office of the County Clerk of the County of Erie under Index No. D-41424 and that a second certified copy of this resolution and the said new amended map shall be filed forthwith in._he office of.the Village Clerk of the Village of East Aurora. :- :

Trustee Walter E. Nicoloff moved, seconded_by Trustee David P. Elmer and carried with no negative v6tes that because of duplicate-payment of a final water bill, the amount of $6,72 be returned to the Estate of Mrs. John Gowans.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the Mayor be authorized to sign Robert Bove's contract as Dog Warden as presented. : .,

Trustee Neal Jacobus •moved, seconded by Trustee David P. Elmer and carried with no negative votes that the time for payment of Mr. Hitching's water bill without penalty be extended to June 23rd. j ,. Trustee David P. Elmer moved, seconded by Trustee Neal Jacobus and carried with no negative votes that the Village Engineer be authorized to advertise June llth for bids for maintenance.items, these bids to be opened June 2_d.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that Mayor-.Robert B. Kelly be authorized to sign the change order for additional work required on the water line contract with Onontario which provided for changing the location of the water line from North Grove Street to Maple Street-for the following reasons:

i. There would be less disturbance to sidewalks and driveways because of the smaller number of individually owned pieces of property. 2. The Maple Street bridge which is in good permanent condition would be utilized..ratherthan the Grove Street bridge which would require rebuilding. 3. It would serve equally well to bring additional water to the rear of the High School on Fillmore Avenue. 4. The additional costs are minimal. 5. The change is recon_nendedby Loziers and is acceptable to the contractor.

The Dog Warden's report and Police report for the month of May were received and ordered to be filed.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that vouchers No.l to No.39 in the amount of $9177.34 on the General Fund and vouchers No. 1 to No.8 in the amount of $2250.71 on the Water Fund, as audited by the Mayor and Trustees be ordered -tobe paid. , 1 Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this meeting recess at 11:45 P.M. to reconvene at 8:00 P.M., June 15, 1970.'-, .... _ ,. ., .. _ __ Dorothy F./_osen -- Village Cl_rk G East Aurora, New York June 15, 1970

Minutes. of the regular meeting of June 8, •1970'of the _Board of Trustees of the Village"of East Aurora,•New York, heZd in the Board,Room at the Village Hall, corner of Main and Paine_Streets_.East Aurora;,New.York, recessedto reconvene at 8:00 o'clock P.M.,June 15.,1970. _' . "" '...... _

There werepresent the following: Messrs. Robert B. Kelly, Mayor presiding; David P._Elmer, James W. Ford, Neal Jacobus, Walter E.•Nicoloff, and Raymond A. Smith, ccmprising a quort_ of the Board; also,Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk.

The proposal of the Canmunity S_ner Youth Worker was presented by Reverand John Fehringer of the Nativity•Lutheran Church. Reverand Fehringer, Joseph Mogavero, representing the Narcotics Guidance Council, and Reverand David Lewis of the First Presbyterian Church, all _spokein explanation of the program, which is as follows:

COMMUNITY SLIvtMERYOUTH WORKER PROPOSAL 6/_/70 it is proposed that-interestedorganiz_ions ann 'agencies in East Aurora cooperate to hire a person to work as a sunmer youth worker in the cutu,anity. A suggested budget of $1500 is proposed'to cover salary and expenses..Below are some target objectives, supervisory procedures and"guidelines.

i. The person should be at least acollege graduate, qualified by training or experience to work with young people, and show clear evidence of being interested in the job as well as in the salary.'

2. The person should.plan to work full time during a11 of July and August plus the week in June after high school is concluded and the week in August-September including the Labor Day week-end.

3. The work day should be seen as flexible, but would usually include after- noons, evenings, and_into the night hours. An arrangement for a weekly day off should be made with the person employed in light of job requirements. t ' ' 4. The person should seethe position as involving a majority of the time in "on the street operations", using perhaps thesBoys Club as a home base and tying it into existing and temporary youth programs in the cu_m,dnity as much as needed to carry out the job (i.e. Minatour, Town Recreation Program,.etc.)

5. A n_nber of target areas have been suggested. These would be regularly reviewed with the worker and clarified as the stm_nerprogressed. They include: drun!

7. It would be understood by all that the supporting groups would have final responsibility _for .the youth worker and his performance but would.work through the supervisory board. The youth worker would not attempt to raise funds, endebt the progran, .nor'jeopardize the sponsors in.any way without their permission.

T1axsteeWalter E. Nicolof£ moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that we allocate $1500 from the Contingency Fund for the hiring of a youth worker .whowill be working during the summer months.

The Supervisory Board for the S_mer Youth Worker Program will be composed of the following people: Rever_ad John Fehringer, Calvin W. Pot_¢in,John Glenn, Reverend David l_wis, and Russell Skinner_xNo _c_YK_EmD k/_,#_ _t=Nc_,

Village"Attorney Walter W."Howitt 'reported that the cases of Viola Dugan, Shi'raey W. Liberator, Grace Warner, and Mina Wagner against the Village are now being handled by Smith, Murphy, and-Schoepperle.

Trustee Raymond A. Smith reported that he was very unhappy with the upkeep of the park. Village Engineer James R. O'Connor reported that the renovation of the restrooms is complete except for some painting.

Trustee Walter E. Nicoloff stated that he feels the detour signs at Maple and North Streets'should now come down. East Aurora, New York June 1S, 1970 "_

John Buno was present and stated that he had been very unhappy with the amount of truck traffic which had been traveling on North Street because _he_detour._.hadnotbeen removed, as well as during the time of the needed detour.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that a hearing be held on June 29 (said notice to be published June 18,)upon the question Of amending Section 24 of Article IX of Chapter I of the General Ordinances of the Village of East Aurora, known as the 'Wehicle and Traffic Regulations", pertaining to non-cc_ercial streets, to add North Street to those streets upon which no person shall drive a vehicle used solely or principally -for delivery purposes and having a gross weight of 6000 pounds or more, by adding a paragraph "(k)", so that Section 24 shall read as follows:

. ARTICLE IX Non-Co,lnercialStreets

Section 24. No person shall drive a vehicle used solely or principally for comnercial or delivery purposes, and having a gross weight'of six thousand (6000) pounds .or more, into, along.or through the streets or avenues or portions thereof hereinafter set forth in this section." This section shall not be construed to prevent the delivery of merchandise at any place herein mentioned, provided the person making such delivery shall enter or?leave said street or avenue at the nearest accessible street to the place where said delivery is made; nor shall it be construed to prevent such vehicle,crossing said st#eets or avenues at regul'arstreet intersections. There shall be placed at each entrance to said street or avenue herein mentioned a sign, plainly legible from : .-theoutside of said entrance clearly indicating said restrictions:

(k) _ NorthStreet. ,.

Trustee David:P. Elmer asked if the Village had plans for sidewalks on Girard Avenue. Mr. O'Connor stated that the plans were in the works and will be available for the next meeting. _

Trustee Neal.Jacobus stated that he had had complaints regarding the re-seeding after the installation of sidewalks in a number of places. The _omplaints regarding sidewalk installation at both the original date of hearing and the second hearing are to be available for the meeting June 22.

Regarding the Pine Street parking, .Mr. Jacobus had talked to Mr. Edward Leffler, who was contacting the people in the Immanuel Lutheran Church. As yet, Mr. Leffler, has not heard from the church in this respect.

Trustee Jacobus would like findings of what use coul_lbe made of the Mobil property,at the Circle. This is to be on the agenda June 22.

There was a discussion by the Board of the conflict between the proposed Springbrook reservoir and the operation and development of the Village sewer system and other operations of this Village. At the close of this discussion and upon the proposal of Trustee Jacobus and by cons,entof the Board, the Village Attorney was asked to prepare a proposed set of findings and a proposed resolution in connection with this matter and distribute the same to the Board.

Trustee Jacobus read a letter from Stanley J. Hitchings expressing the feeling that his billing in November 1969 and February 1970 were incorrect and that he felt an adjustment was due. .

Trustee Neal Jacobus moved, seconded by Trustee David P. Elmer that whereas Mr. Stanley J. Hitchings has not changed his usage of water as far as his living is concerned, and whereas the difference in the smmer usage in 1969 and 1968 is 4000 cubic feet, that an amount of $29.10 be credited against Mr. Hitching.'s outstanding water bills; Upon presentation,of the motion by the Mayor, the Ayes were one, the Noes four, and the motion was defeated.

'Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that Mr. Brad Foss's request for a reduction of his May water bill be denied and that Mr. Foss.be notified that the bill. must be paid.

Trustee Walter E. Nicoloff moved, seconded by Trustee David P. Elmer and carried with no negative votes that the request from the Fire Department to erect signs at the entrance of the Village advertising their carnival be granted. East Aurora, New York June "15, 1970

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried wfth "flonegativevotes that the Fire Ccmpany be granted a pemit to use a loud speaker:during the week of Jone 22-27,'advertising .theircarnival.

Trtstee David P. Elmer moved,*seconded by Trustee Walter E. Nicoloff and carried with no'negative votes that the Aurora Players be allowed to adevertise the play "The Death of a Salesman" with a sign at the Circle.

Trustee Raymond'A. Smith moved, seconded•by Trustee David P. Elmer and carried with:_o'negative votes that the American Legion be permitted .the use of the south end of Hamlin Park for their carnival July 3"and 4',_f it,doesn't conflict-with the Recreation Program. ' ;• -.._.• 'I Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and carried with no negative votes that Mayor Robert B. Kelly be authorized to sign the following resolution:

'WHEREAS, it'is the intent of the Village of East Aurora Board of the Viag_f East Aurora, New York, to joih with the Town of Aurora in the operation of a Joint Recreation Program for the Elderly and,

WHEREAS, the Village of East Aurora is about to submit an application for this project to the State Recreation Council _for .theElderly for its approval, and if approved, to apply subsequently to the State of New York for partial reimbursement of funds expended on this project-, as provided by Chapte-r909 of the Laws of 1969 as amended; ......

NOW, THEREFORE, BE IT RESOLVED that (i) such application is in all respects approve_d _[ay_'_-6_. Kelly, Chairman of the Village Board, is hereby directed and authorized to duly execute said application to.the State Recreation Council for the Elderly for its approval, and (2) the Town of Aurora Fiscal Office is authorized to act as disbursing agent and Custodian of available money for this project and that the fiscal officer so desig13atedmay make payments therefrom in accordance with the terms of the approved application. These resolutions to take effect immediately.

Mayor Kelly announced that Mr. Willard Steane of Loziers Engineers Inc,, will meet with the Village_Board on Tuesday, June 23rd, 'in reference to the Water'Plant improvements"that "are proposed.

Trustee Walter E. Nicoloff moved, seconded 5y Trustee Raymond A. Smithand carried with no negative votes that the vouchers of Onontario Corporation in connection with the substitution of U.S. Treasury Bills for monies withheld under the water cbfitractpursuant'.to'Section 106 of the General Municipal Law as audited by the Board be approved for payment. The Village Attorney was directed to he satisfied that the substitution transaction be completed in proper fashion.

Trustee Walter E. Nicoloff moved, seconded by,Trustee Raymond A. Smith and carried with no negative,votes that this meeting adjp_rn at 11:20 P.M.

East Aurora, New York June 22, 1970

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora, New York, held in the Board Room of the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, June 22, 1970.

There were present the following: Messrs. Robert B."Kelly, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Walter E..Nicoloff, and Raymond A. Smith, Trustees, Comprising a quor_n of the Board; also Messrs. }¢alterW. Howitt, Village A_torney; Uames R. O'Connor, Village Engineer, and Dorothy E. Rosen, Village Clerk.

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus with no negative votes 'that_theMinutes of the regular meeting of June 8 and the recessed meeting of June 15, be accepted as amended.

Mayor Robert B. Kelly called for the opening of bids for a i0 wheel dump truck. There was one bid from Hunt Motors with a base bid of $18,704.00. An alternate i bid for a tractor with dump trailer waS presented in the amount of $22,956.00. East Aurora, New York June "15, 1970

'WHEREAS, it'is the intent of the Village of East Aurora Board of the Viag_f East Aurora, New York, to joih with the Town of Aurora in the operation of a Joint Recreation Program for the Elderly and,

Mayor Kelly announced that Mr. Willard Steane of Loziers Engineers Inc,, will meet with the Village_Board on Tuesday, June 23rd, 'in reference to the Water'Plant improvements"that "are proposed.

Trustee Walter E. Nicoloff moved, seconded by,Trustee Raymond A. Smith and carried with no negative,votes that this meeting adjp_rn at 11:20 P.M.

East Aurora, New York June 22, 1970

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus with no negative votes 'that_theMinutes of the regular meeting of June 8 and the recessed meeting of June 15, be accepted as amended.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that these'bids be referred to the Village Engineer and Trustee Walter E. Nicoloff for review. •

Mayor Kelly called for the opening of bids for street maintenance and D.P.W. supplies, as follows: LIQUIDASPHALT

Bidder Koppers Company Inc., West Seneca, New York

Item Price (per gallon delivered and spre'ad) 73A .22 74 .22 70 .21 70M .21

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the bid:of Koppers Ccmpany, Inc., to supply asphalt products during the year 1970-71, being .in.order,the same be accepted at the prices listed above.

CRUSHED LIMESTONE

Bidders: County Line Stone Company, Inc,, Akron, N. Y. Buffalo Slag Company, Cheektowaga, N. Y. Houdaille Construction Materials Co., Inc., Buffalo, N.Y.

County Line Stone Buffalo Slag Houdaille •': F.O.B. F_O;B. F.O.B.- Item " Plant". Del. .Plant .Del. Plant Del; 4' 1,70/T 2.-'_"/T. _S2707T :3.--S'_ff0/T._ 3._/T 3 I.90/T 3.10/T 2.30/T 3.70/T 2.25/7 3.65/7 3A 1.90/T 3.10_T 2.55/T 3.95/T 2.25/T 3.65/T 2 1.90//' 3.10/r 2.55/T 3.95/T 2.35/T 3.75/T 1 2.10/T 3/30/T 2.70/7 4.10/7 2.50/T 3.90/7 IA 2.30/T 3.50/T 2.75/T 4.15/T 3.05/T 4.45/T 3/8" oiling 2.40/T 3.'60/T Crusher Run 1.80/T . 3.00/T.

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried with no negative votes that the bid for crushed limestone submitted by County Line Stone Company, Inc., as low bidder,,to supply crushed limestone during the 1970-71.yea_ be accepted at the prices listed above.

CRUSHED SLAG

Bidder: Buffalo Slag .Company,Buffalo, N. Y.

Item F_O.B. Plant_ Delivered Z. 20/T 3 2.30/T 3.70/7 3A 2.55/T 3.95/T 2 2.55/T , _ , 3.95/T 1 2.70/T 4.10/T IA 2.75/7 4.15/T

Trustee James W. Ford!moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the bid for crushed slfigby Buffalo Slag Cc_pany to supply crushed slag for the year 1970-71 being in order, the same be accepted at the prices listed above.., .,

BITUMINOUS MATERIALS

Bidders: County Line Stone Ccmpany, Inc., Akron, N. Y. Buffalo Slag Company, Cheektowaga, N. Y. Houdaille Construction Naterials Company, Inc., Buffalb, N. Y.

County Line Stone Buffalo Slag Houdaille F.O.B. F.O.B. F.O.B. Plant Del. Plant ' Del. . Plant Del. Binder .. 1 7.25/T 8..75/T 8.00/T 9.80/T 7.75/T 9.50/T 1A 7.25/T -8.75/T 7.75/T 9.55/T , 7.75/T 9.50/T 1A Top 7[SO/'T 9.00/7' 8.25/T 10.05/T 8.25/T 10.75/T 1A Extra Fine Top 8.00/T 9.50/T 8.75/T 10.55/T 8.75/T 10.50/T IAC Armor Coat 8.00/T 9.5017 9.40/T.II.30/T 8.75/T I0.50/T I0 Eas'tAurora_-New York June 2.2,1970

Trustee Walter E, Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no.negative Votes that the low bid of County Line Stone Company for bituminous materials be accepted at the above listed prices for the year 1970-71. ) SLAG AGGREGATE " ,"

Bidder: Buffalo Slag Company, Cheektowaga, New York

Binder F.O.B. PLANT DELIVERED 1 8.75/T IA 8.50/T i0.40/T 2A 8.50/T i0.40/T 2B 8.50/T i0.40/T IA Top 8.90/T i0.80/r IA Extra Fine 9.40/T ii.30/T 1AC Armor Coat 9.40/T ..... • _ 11.30/T

Trustee Walter E. Nicoloff moved, seco'nded by Trustee Raymond A. Smith and carried with no negative votes that the bid as' received from iBuffalo Slag Company for bituminous material slag aggregate be accepted at the above listed prices for the year 1970-71.

CHLORI'NE,

Bidder: ' CSr_ercial Chemicals, Inc., Buffalo) New York Liquid Chlorine in one-ton cylinder, delivered .087 per pound

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the bid of Comnercial Chemicals, Inc., Buffalo, New York, to supply liquid chlorine for the year. 1970-71 for use in the Disposal Plant,.being in order, the same be accepted at the price listed above. CORRUGATED METAL PIPE

Bidders: Lane Pipe Corporation, Bath, New York Chemung Supply Corporation, Elmira, New York Amco Metal Products, Buffalo, New York

Lane Pipe ". Chemung Supply .Armc0 Steel Plain "C6a_ed Plain Coated .Plain Coated 12" (all to b6 1.62/' -1.85/' 1.62/' 1.85/' : 2.49/' 2.86/' 15" delivered)l.93/' 2.19/' 1.92/' 2.21/' •2.94/' 3.37/' 18" 2.24/' 2.59/' 2.24/' 2.59/' 3.46/' 3.98/' 21" 2.55/' 2.96/' 2.54/.' 2.94/' 3.92/' 4.55/' 24" 2.89/' 3.34/' 2.89/' 3.34/' 4.45/' 5.15/' 30" 3.53/' 4.09/' •4.33/' 4.91/' 5.43/' 6.31/' 36" ' 4.27/'. 4.94/' 5.19/' 5.89/' 6.56/' 7/61/'

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the bid of Lane Pipe Corporation to supply corrugated metal drain pipe for the year 1970-71 being the low bid and the same being in order, be accepted at the above listed prices. ROCK SALT

Bidders: International Salt Company; Retsoff, New York Morton Salt Company, Wadsworth, Ohio ""

Rock Salt for Water Softener Use

International Salt Morton Salt Truck del. by c_u,on carrier Truck del.by c_on carrier in East Aurora -"15.60/T (20T Min.) ' in East Aurora - 15.20/T (20T Min.) F.O.B. Plant Pickup at Fairport-ll.40/T at Retsoff - II.40/T (ST Min.). : Rail delivery in East Aurora - 17.40/T (50T Min.)

Trustee Walter E. Nicoloff moved, seconded by Trustee James W. Ford and carried with no negative votes that the bids of International Salt Company.and Morton Salt Company for salt.for Water Plant usage and snow removal be referred to the Village Engineer to report back June 29th.

At 8-55 P..M., Mayor Kelly opened the Public Hearing to amend Sections 18 and 19 of Chapter I, of the General Ordinances of the Village of East Aurora (V_hicle and Traffic Regulations). East Aurora, N@w york June 22, 1970 11-

Mrs.•Alfred Spooner stated •that she was heartily in favor of the proposed change in the amendment_.....

There being no one else to speak, thehearing was closed at 8:57 P.M.

It was noted by the Board of Trustees that neither the Police Department nor the Department of Public Works had any objection to the proposed amendment.

It was moved by Trustee Raymond A. Smith, seconded by Trustee Walter E. Nicoloff and carried with no negative.votes that Chapter I of the General Ordinances of the Village of East Aurora be amended by amending Section 18 and Paragrsph (a) of Section 19 thereof to read as follows:

Section 18. All Night Parking. Except for the period con_nencingwith the 15th day of April and ending with the 15th day of October, , both inclusive, no person.shall park any vehicle under his control, or pemit ,thesame to stand'after 3:00 o'clock A.M. and before 7:00 o'clock A.M., in any portion of any public street in the Village of East Aurora except in the following • ", portions of such public street where vehicles are permitted to stand between 6:00 A.M. and 7:00 o_clock A.M. Section 18: (i) The north side of Main Street between a point 125 feet east of the east line of Church Street and a point 50 feet west of the west line of Pine Street.

Section 19: Use of Village Parking Lots.

(a) No person shall park any-vehicle under his control or • -, pemit the 'same to stand after 2:00 o'clock A.M. and before 7:00 o'clock A.M. in any portion of any parking lot maintained by the Village of East Aurora for the use of the public, except the.following portions of such public parking lots where vehicles are permitted to stand between 6:00 o'clock:A.M, and 7:00 o'clock A.M.

(i)' The northerly 200.,feetof the public parking lot on the - .southeast corner of Fillmore Avenue and Riley Street.

The matter of _he report of the Village Engineer, the Village Attorney, and the reviewing com_nitteeof the Fire Department relative to the bid of the Young Fire Equipment Company to provide a new fire truck for the Village Fire Department came on for consideration. It was reported to the Board that it was the 6pinion of the Village Attorney after examination that the bidof the Young:Fire Equipment Company was defective in that it was,not responsive to the specifications upon which bids were solicited by advertisements.

After a further discussion, it was moved by Trustee David P. Elmer, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution be adopted: .,- RESOLUTION

WHEREAS, the only bid for the.furnishing of a pumper "fire-fighting vehicle-_the Village of East Aurora received bY this Board on June 8, 1970 in response_to an advertisement for _bids was that of the .YoLmg Fire Equipment Company; and .....

,, • _fHEREAS,the said bid of the Young Fire .Equipment.Companywas not a bid--i_e piece of equipment described in the specifications upon which bids were solicited, and

WHEREA_, _his Board, in its advertisement for bids, has reserved its right to reject all bids,

NOW, THEREFORE, BE IT RESOLVED_ thatthe bid of the Young Fire Equipment Company to prov---_a p--u_r _ghting vehicle for the Village of East Aurora be and the same is hereby rejected.

. '' .. J '• . Keith Wood, as spokesman for the .co_nittee,of the Fire Department working upon specifications for the saidnew pumper fire-fight,ingvehicle, reported to the Board that following the review of,the-defective bid. received fran Young. Fire Equipment C_npany and following the collection of further data in connection with the matter, the said co_nittee had reviewed the proposed specifications required in regard to the p_m_perand have prepared a revised set of specifications, which it believes to be more realistic_in terms of,cost but would-provide a piece of fire-fighting equipment which would be just as effective. 12 East Aurora, New York June 22, 1970

Eollowing a discussion between the Board and Mr. Wood, it was moved by Trustee Walter E. Nicoloff, seconded by Trustee David P. Elmer and carried with no negative votes that the amended specifications be received by this Board, _eferred to the $illage Engineer, and that the Village Engineer be authorized to advertise that this Board would receive bids for the providing of the required new ptm_per_n accordance with the revised speciffcations on July 6, 1970. '"' :...... '

A report was made of open_excavationson, Castle Hill andon Elmwood Avenue opposite Chestnut Hill..It was reported,by,the Village Engineer that the Chestnut Hill excavations 'had been enclosed with a'snow fence and that both.holes were to filled June 23rd. It was the feeling of the Board that there should be a more stringent safety code on the part of the contractor. Mr. O'Connor will check into this matter.

Bradford Foss, Mill Road, appeared to make an appeal for an adjustment of his May ist water bill in:the amountof $449.03 plus penalty of $44.90. • •.: ..• . " After lengthy discussion, Trustee Walter E. Nic61off moved, seconded by Trustee Neal Jadobus and carried with no negative votes that the action taken June iSth requesting payment of.the total bill from Mr. Foss be rescinded as to the _nount of the penalty ($44.90!.since the billwas. under-appeal at that time. Mr. Foss's complaint onthe bill was first made the latter part of May to the Water Cc_missioner and was brought before the Board June 15th.

The Village Engineer reported that he now has a Certificate of Compliance from the Electrical Underwriters for the Aurora Lanes. The fire door is scheduled for delivery o_July 15th. This section of,the building is not now being used. This is now'toy_aken off the agenda.

It was duly movedby TrLmtee James W. Ford, seconded by Trustee David P. Elmer and carried with no negative votes that there be assessed against abutting properties a porti6nof the construction of Sidewalks in certain streets in the Village of East Aurora upon which hearings as required by statute (Section 168 of the Village Law) upon due written notice as required,by said statute in accordance with the provisions of the said notices and in accordance with the provisions of Section 124 of the Village Law, withpayments therefore to be payable in annual installments in accordance with Paragraph 3(b) of the said Section 124of the Village Law.

Trustee James W. Ford moved, seconded by TrusteeDavid P: Elmer and carried with no negative votes that Village Engineer James R. O'Connor be instructed to mail the sidewalk assessment billings in accordance with Sections 161, 168, and 124 of the Village"Law; i:twas recc_mended that we adopt as a policy, that where we are aware of defects, Mr, O'Connor 'be authorized to make repairs as called for and to proceed with the billing.

Trustee David P: Elmer moved, seconded by Trustee Walter E. Nicoloffand carried with no negative votes that the amount of $6.00 overpayment for-photocopies of a death certificate be refunded to Hoy Funeral Home, 3855 Seneca Street, West Seneca 14224. (See General receipt #1750)

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no negative votes that vouchers No.40 to No.85'in the amount•of $64,742.66 on the General Fund and vouchers No.9 to No.18 in the amount of $7,199.15 on the Water Fund as audited by the Mayor and Trustees be ordered to be paid.

Trdstee Raymond A, Smith moved, seconded by Trustee Walter E. Nicoloff that the meeting recess until June 29. No vote was taken.

It was then noted that Mr. EchsardVidler was present and was requesting a sign permit. " _'" .... _ ' ' _ '_

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff that Mr. Vidler's request for a sign permit be granted. •i Upon a vote of record: AYES NOES Mayor Robert-_. Kelly Trustee James W. Ford Trustee David P. Elmer Trustee Neal Jacobus : Trustee Walter E. Nicoloff _he motion was declared Trustee Raymond A. Smith carried.' -, - ' , q' Trustee David P. Elmer moved, seconded by Trustee Neal Jacobus and carried

with no negative votes that the meeting recess"at _:25 P.M. to!reconvene at 8:00

Dorothy F//Rosen VilIage Clerk East Aurora, New York June 29,.1970 I 3

Minutes of the regular meeting of Jtme 22, 1970 of the "Board of Trustees of the Village of East Aurora, New York, •held.in the.Board Room at the Village Hall, corner of Main and Paine Streets,,East Aurora, New York, recessed to reconvene at 8:00 P.M., June 29, 1970.

There were present, the following: Messrs. Robert B. Kelly, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus,•Walter E. Nicoloff, and Raymond A. Smith, Trustees, comprising •aquorum of the Board; also Messrs. Walter W..Howitt, Village Attorney; James R. O'Connor, "Village Engineer and Dorothy F. Rosen, Village Clerk; __

At 8:05 P.M., Mayor Kelly opened the public hearing upon the question of _nending Section 24 of Article IX of Chapter I of the General Ordinances of the Village .•ofEast Aurora, .known as the ".Vehicleand Traffic Regulations".

After•the reading.of the publication, therebeing no one present-to•speak, the hearing was closed at 8:10 P.M.

Trustee Neal Jacobus moved, seconded by Trustee Raymond A. Smith and carried with no negative•votes the following,resolution:

WHEREAS, it was our intent to amend Section 24 of Article IX of Chapter-T o--iV-theGeneralOrdinances of the Village of East Aurora, known as the "Vehicle and Traffic Regulations", pertaining to non_c_u,ercial streets, to.add.North Street to those streets upon which no person shall drive a vehicle used solely or principally for delivery purposes and having a gross weight of 6000 pounds or more, by adding paragraph "(k)", so that Section 24 shall read as follows:

_- _- " -,-. ARTICLE -I.X ,..

Non-Commercial Streets

Section 24. No person shall, drive a vehicle used solely or :- principally, for conmerciat or del.ivery purposes, and having a gross J weight of:six thousand (6000) pounds, or more, into, along or through the streets or avenues or portions thereof hereinafter set forth in this section. This section shall not,he construed to prevent,the delivery of ,merchandise at any place herein mentioned,,provided the person making . such delivery,shall enter or leave .said street or avenue at the nearest accessible street to the place where said delivery is made; nor shall it be construed to prevent such vMkicle crossing said streets or avenues at regular street intersections. There shall be placed at each entrance to said street or avenue herein mentioned a sign, plainly legible from the outside of said entrance clearly indicating said restrictions•:

(k) •North Street.

as publ'ished,and

• /WHEREAS,..no one was here to object, _

NOW, THEREFORE, BE IT RESOLVED, that this amendment be adopted.

At 8:15 P.M. ; Mayor Kelly recessed .the meeting for Executive Session.

The meeting was re-opened for business at 9:30 P.M.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the .following.resolution be adopted..

._t. ,_.,WHEREAS, by reason of..collectionsof,current real property taxes by the Village of East Aurora in an amount in excess of the amounts required for inmediate expenditure for municipal purposes, there will be and are now monies of this Village which 'shouldbe deposited, and/or invested in , .accordance with the authority,,containedin Section ii of the General Municipal Law, and . -

:,. WHEREAS, Vi,llage,Trustee,and Deputy Mayor:James W..Ford is the Chief Finance--_er of the Village of East Aurora and Miss Dorothy F. Rosen, Village Treasurer, is the Chief Fiscal Officer of the Village of East Aurora and the.officer having custody of monies of the said Village of East Aurora,

NOW, THERENDRE, BE _ RESOLVED, that Miss Dorothy F. Rosen, as chief fiscal o-_fic-__----_e_-offlcer_g custody of the monies of the Village of East Aurora.is hereby authorized to deposit or invest temporarily monies 14 East Aurora, New York June 29, 1970.

not .requited for immediate,expenditure',in'temporary special time deposit accounts, certificates_.6fdeposit, or other obligations set forthin Section ii of the General Mtinicipal Law, for such periods of time and in such plac6s of deposit as she shall be directed by Trustee James W. Ford, the chief financial_:6fficer of this Village.

Trustee Walter E. Nicoloff:'moved,seconded by Trustee Raymond A. Smith and carried with no nega_ive-'votesthat Loz_ers Engineers Inc.' be authorized toconduct a study on a per 'diem_basis.Of '$150.00not to exceed $3000.00 total'to construct and repair the Water Plant sufficiently to last three years, this to be a part of the Capital Expenditures portion of the Capital Bond issue of March 16, 1970, in the _mount of $650,000.00...... "

After discussion of the salt contracts _nd truck bid, Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that we accept the bid of $11.40 aiton'F.O.B, plant of the International Salt Company, at Retsoff, New York.

Trustee Walter E. Nicoloff'moved, seconded by Trustee Raymond A_ Smith and carried with no negative votes that we reject the bid of Hunt Motor Corporation due to the fact that the Board feels that it appears not to be in the best interest of the Vil:lageto purchase the truck at this time." _ "

Trustee David'P. _Elmer moved, seconded by-Trustee James W. Ford and carried with no'negative votes that William Thompson's'bid of $2.80 per ton for hauling salt be accepted and Mayor Kelly be authorized to enter into a contract with Mr. Thompson. .' "-". "_: :...... " :

Trustee Raymond A, Smith moved, seconded by Trustee David P. Elmer and carried with no negative votes that the blayorbe authorized to sign the contract with Mr. Thompson for hauling salt.

Discussion of new plantings for Linden Avenue followed. Mayor Kelly suggested that Trustee Neal Jacobus, Trustee Walter E. Ni'coloff and Trustee Raymond A. Smith contact the people,on Linden Avenue in regard £o'this project.Trustee James W. Ford mentioned the need to take into account when these plantings are made the problem of snow removal during winter months.

Trustee Neal Jacobus asked the 6utcOneI'of the investigation of the violation at 450 Fillmore Avenue.-Mr.:O'Confiorstated that the .attorney for the .owners is cooperating and the lease for the third floor is t'obe cancelled. This is to be on the agenda for July 6th.

Mr. O'Connor reported that the plans for the Girard Avenue sidewalks are pretty well set. They will start from the'first houses on"Girard Avenue and continue to Pine Stree£. For the most :part,'they will be within the highway right- of-way and will have enough footage to make a nice appearance.

Trustee David P. Elmer suggested that the Planning Comnission should be working on the question of purchasing the Marshall property, the Model Housing Code, and the use of the Mobil Station property. Also, the matter of the Springbrook Reservoir was mentioned, and the Planning Commission will be asked to co_i_er this. This is to be on the agenda July 6th.

Trustee James W. Ford moved, seconded by TrulsteeDavid P. Elmer that the proposed'mnendment'to subparagraph 2 of Paragraph A of Section.5.04 not be adopted. The Ayes were two, the Noes one, and since for passage four Ayes would be necessary, the motion was lost. i

It had been nec_ssary'for Trustee Neal Jacobus and Trustee Walter E. Nicoloff to leave the meeting before this Vote was taken. --

Mrs. Alfred Spooner remarked onhow efficiently the Police handled the traffic sithation during the power failure June 29th. She had heard many favorable comments.

Trustee J_es W. Ford moved, secondedby Trustee D_vid P. Elmer and carried with no negative votes that we apply to'the State'of New York for reimbursement of funds spent for the Boys' Club.

Trustee Raymond A. Smith moved, seconded by Trustee David P. Elmer and carried with no negative votes that pemission be granted Girl Scout Troop No.457 to erect a flag pole at the corner of Shearer Avenue and Main Street on Village'property; permission beiflg:grantedu_der the condition that this is to be done under the supervision of the Village•Engineer. Trus_tee'DaVidP'.Elmer moved, seconded_by Trustee Raymond A. Smith.and carried East Aurora, New York June 29, 1970 i_,',_._

with•no negative votes that the Trustees, Village Attorney, and Village Engineer be authorized to attend the Regional meeting of the New York State Office for

Local Government• to be held at Apple GroveL in Medina on July 8th, expenses to be reimbursed according to Section 77B Of the General Municipal La_.

Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford and carried with no negative votes that thismeeting adjourn at 11:35 P.M.

Dorothy F.4 Rosen Village C(l/erk. I

East Aurora, New York July 6, 1970

Minutes of the regular meeting of the Board of Trust'ees :of the Village of East Aurora, held in the Board Roam at the Village Hall, corner of Main and Paine Streets,iEagt Aurora, Ne_, York, on Monday, July 6, 1970 'at 8:00 P.M.

There were present the following: Messrs. Robert B. Kelly, Mayor presiding; James'W. l_ord, Neal Jacobus, Walter E. Nicoloff, and Raymond A. Smith, Trustees, cc_nprising a_ quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney and James R_. O'Connor, Village Engineer..

Trus'tee David P. Elmer was abserit. ....

Mayor Robert B. Kelly called the meeting to order at 8:00 P.M., and Stated thal: the first order of business was the approval of the minutes of the regular meeting of June 22, 1970 ind the recessed meeting of Jun.e 29, 1:970, and asked for • any ame'ndments or correctioj_s to the'mimitgs of these meetings '

Trustee James W. Ford brought out that on page 5 of the minutes of June 22, 1970, there apparently was an omission of some words, as there was no verb and therefore rio action'was.indicated and asked that it be corrected.. The minutes were amended by Mr. Howitt by adding "there be assessed against abutting properties" to the beginning of the motion. It was brought out that the two resolutions by Mr. Ford, seconded by Mr. Elmer should be interchanged and the word "accordingly" _t the .beginning of the second resolution should be deleted.

Trustee Waiter E. Niceloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that the minutes be corrected to read as. follows :

"It was duly moved by Trustee James W. Ford, seconded by Trustee DaVid P. Elmer and carried with no negative votes that: There be assesSed.against abutting properties a portion of the cost: of the construction of s'idewalks in certain streets in the Village of East Aurora upon I which hearings as required by statute (Section 168 of the gillag_ Law)' :upon due. written notice as required by said statute_:_ in accordance with the provisions of said notice and in accordance with the provisions of Section 124 of the Village Law, with payments therefore _" to be payable in annual installments in accordance with P.aragraph 3 (b) '•ofthe said.Section 124 of the Village Law.

Trustee James W. Ford moved, seconded by Trustee David P. Eimer' .... and carried with no negative votes:that V$11age Engineer James R. O'Connor be instructed to mail sidewalk assessment billings in"accordance with ' Section 161•,168 and,124 of the _Vill'ageLaw; it was recon_ended that we adopt as a policy that where we are aware of defects, Mr. O'Connor he _uthorized to make repairs as called for.and to proceed with the billing."

Mayor Kelly advised that the'next o_der of bhsiness would be the receiving of bids'_forthe replacement of fire truck known as.Truck #6, and called for any bids which might not have been turned in before the meeting. There being none, Mayor Kelly asked the Engineer to open the bids.

Mr. James R. O'Connor, Village Engineer, announced that there were four bids in properly sealed enyelopes, and opened and read the bids.

Fire EquipmefltSales, Inc. "" l'Class A. _mper, $46,874.00 4223 Genesee St., Buffalo, N.'Y. Ward LaFrance Truck Corp.: T Mr. O'Connor stated that there were exceptions, too numerous to read. Trustee Ford inquired as to the cost'of the exceptions and whether they were additional or suhtractional items, and was advised'that they were additional; that they were priced individually, with no total, and the prices ranged .frcm $i0.00 to $440.00. East Aurora, New York June 29, 1970 i_,',_._

with•no negative votes that the Trustees, Village Attorney, and Village Engineer be authorized to attend the Regional meeting of the New York State Office for

Local Government• to be held at Apple GroveL in Medina on July 8th, expenses to be reimbursed according to Section 77B Of the General Municipal La_.

Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford and carried with no negative votes that thismeeting adjourn at 11:35 P.M.

Dorothy F.4 Rosen Village C(l/erk. I

East Aurora, New York July 6, 1970

Trus'tee David P. Elmer was abserit. ....

Trustee Waiter E. Niceloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes, that the minutes be corrected to read as. follows :

Mr. James R. O'Connor, Village Engineer, announced that there were four bids in properly sealed enyelopes, and opened and read the bids.

Young Fire Equipment Corp. 1 Fi.reApparatus-Pumper $54,160.00 P..O.Box 151, Lancaster Young Fire Equipment •"Crusader" Pumper _. .,.

Churchville Fire Equipment Corp. 1 Hahn Triple Combination , $38,739.00 Churchville, New York . .Purer, Model .C-IO -_ ....

American LaFrance 1-1970 Custom 1250 GPM i000 Ser.$43,945.00 Elmira, New York Optional Bid 2_254.00 . -., _ $46,199.00

Mr. O'Connor advised that he felt the only figure to be considered in this bid was the base bid of $43,945.00, as that would be comparable to the others. There was attached a letter from American LaFrance• listing the exceptions as follows: ,: _. _: Radiator _.,._ ...... 877. Sq...in..._frontal .area .... - • ._Alte1_ator .... 125 :amp. . _ . ,' ...... - P ropelier Shaft Spicer 1700 series Air Brakes Fail Safe brake system including parking brake ,, .. 2 Stage P.m_q ..: ._ .._.... Air. p_er.pump shift ...... 2-1/2'.' Valves. Full .Flow2._i/2 '' .Ball waterways ...... • Warranty. . ... 3,.years on,parts, 1 year on labor

Mr. O'Connor advised that all bids •seemed to be in order with bid bonds, . non-collusion clauses, etc., properly signed with..the exception of the Churchville Fire Equipment Corp. bid which included no bid bond.

On.question, the. representative of the, Churchville Fire Equipment Corp. advised that there was a separate letter from them with exceptions, and he .had assu_ed it had been receivedlprior to the opening of the bids, and that -it ,was not their practice to supply bid bonds, but should the contract be awarded to them, they would supply a 100% _Perfomance Bond. ,-...

,:_ Upon question •as to how long the bids were firm, Mr. O'Connor said.that he assumed for the usual 60 days. :

Trustee Walter E. Nicoloff moved, seconded by _Trustee"RaymondA. Smith and carried with no negative votes.,that the bids received from the Fire Equipment Sales Con_pany,Young Fire Equipment Corporation, Churchville Fire Equipment Corporation and American LaFrance be referred to the Attorney, Engineer and Fire Department Cu_m_itteefor study and recc_nendations, and report back to the Board on July 20, 1970.

Mayor Kelly advised.that the.next item on the agenda was the occupancy at 450 Fillmore Avenue. Mr. :O'Connor advised that he had talked with the owner of the multiple dwelling and that eviction notices were being served to clear the building so that the .proper remedial work could be done to bring the property into conformance to the .Multiple Dwelling Law. It was decided that Mr..O'Connor should .follow through .on the work progress,and report back to the..Boardat the August 3, 1970 Board-meeting._

The next item of the agenda was the consideration of the: -dated study of Tam_ery Brook submitted by Krehbiel, Guay, Rugg & Hall. There was a lengthy discussion of_.theup-dated study and the various items were discussed, such as Brooklea bridge_ the Oakwood Avenue situation_ erosion along the banks of the creek and the Girard Avenue situation. It was felt that some work, such as cleaning the channel could be done during the sum_nermonths, and possibly with the use of the boys as previously voted by the Trustees, and Mr. O'Connor was asked if he could provide supervision for the boys, .if it were possible to use them. It was felt that more study should follow and policy be formulated on the various phases suggested in the study, where the money was to come from to .pay the boys if they were used, the estimated costs of the projects, etc. The matter of obtaining temporary easements-was also discussed, the easements to be about the same as the ones previously used. .-

Mr. O'Connor advised that before any work was done east of Pine Street, he would like to talk with Mr. Barnett of the Soil Conservation Service.

.. Mayor Kelly, in discussing the.proposed work,-felt that possib-lyit, or at least some of it would come,,under,the•"Beautification,Program" and that the Village could make application for some financial aid under that progr_.

Trustee Walter E. Nicoloff moved,,aftel:_additi_n_zl_discussionas to costs, work force, etc., that the Attorney and .Engineer be authorized to prepare and obtain easements from the property owners .so that remedial,work could be done. East Aurora, New York July 6, 1970 17"

Trustee Neal Jacobus seconded the motion only after morediscussion of the situation eas_of the Viilage, such as the flow under the Expressway,,the cost of the.Brookleabridge, and the suggestion that a comnittee be formed to meet with business men in the area benefited to determine if they would be willingto help with the costs involved. It was agreed that Trustee Jacobus, Trustee Smith and Engineer O'Connor would act as.such committee. It was also felt that additional information should be obtained as.to costs as it might be necessary to go back to the Capital Expenditures.Committee to amend the Capital Budget.

On.a vote the motion was carried with.no negative votes.

"_ The matter of the proposed Springbrook Water Management Reservoir, concerning which the Board has hitherto been advised by public meeting and otherwise, came on forconsideration. It was reported to this Board that the Town Board of the Town of Elma had received a report from the Town of Eima Planning Board which analyzed the advantages and disadvantages of the proposed reservoir in regard to the Town of Elma, -" copies of which report have been made available to this Board. It was further reported to this Board that the Town Board of the Town of Elma had directed the Town of Elma Supervisor to send a lette_ to the proper authorities voicing strong opposition to the proposed reservoir.

It was also reported to this Board that on January 12 ,1970:;_.theTown of Aurora Town Board had adopted a resolution in which it unanimously requested the Erie County Planning Board to tkke no action to approve the planned reservoir until the Aurora Town Board had sufficient time to thoroughly study its effect on the Town of Aurora Township, and in which resolution the.said Town of Aurora_Town Board unm_imously opposed the planned reservoir in:the event that the Erie County planning Advisory Board intended to act in the matter at an early date..,

It was noted that this Board has'considered.the matter of the impact of the proposed reservoir upon the Village:of East Aurora and is contihuing toconsider the matter. - ._. _ .._ '.

Following further discussion of the matter the adoption of the following resolution was moved by Trustee Walter E. Nicoloff, seconded by Trustee Raymond A. Smith and carried with no negative votes.

: RESOLUFION ,..

WHEREAS, this Board has considered the impact of the proposed . Sprin_eservoir. (Water Management Reservoir) as generally conceived by the Erie-Niagara Basin Regional Water Resources Planning Board upon the Village of East Aurora, and

WHEREAS, this Board desires to make a record of its preliminary: findin-_ _ decisions in regard to the said proposed reservoir, and ,

• WHEREAS, this Board has assembled and considered,certain .data in regar_-_e matter of the impact of the proposed reservoir upon the Village of East Aurora and proposes to gather further data in regard thereto,

. , NOW_ THEREFORE_ BE IT RESOLVED,.that this Board makes the following l_reliminaryfindings in regard to .theproposed Springbrook Reservoir.

i; ,Theproposed reservoir would have a water level.when'filled which would cover the present Village Sewage Treatment Plant with several feet of water unless it were protected by a.dike. : . , . 2. The proposed reservoir would raise the water,level in the reservoir basin to a height that would make it impossible to dispose of the treated _ waste (effluent) frcm'the Village sewer treatment plant by the present gravity method. ' 3. The ,relocation of the present village sewage treatment plantor its protection in its present location, by a dike and the provisions of an alternative method of disposing of treated waste would be a major and unnecessary expense. 4. The impounded waters in the basin of the proposed reservoir v_ould inundate and make inoperable state highways, county highways, and at least one Village street(Woodbreok :Drive) in:the Village of East Aurora.. 5. The impounded._aters in the basin of the proposed" reservoir would •inundate and remove from the Village of East Aurora and its tax and assessment rolls certain lands and buildings which lie in the said proposed reservoir basin. 6. The so-called 300 foot '_uffer zone" around the proposed reservoir measured:_from the proposed high water level contour of the proposed reservoir would include substantial parts of the Village :of East Aurora in which valuable improvements, both con_nercial and residential, are located. 18 East Aurora, New York July.6, 1970

"7. -The •proposed reservoir would contribute in no manner to the solution Of the.major flood problem in this Village Whiqh involves• Tannery Brook, a .stream which discharges at a level lower than the level of the proposed reservoir. 8. That the proposed reservoir at its high water level would flood the.present channel of Tannery Brook as far up-stream as Main Street _Route 20-A).. ,•• . .- 9. There appear.to be some potential subjective benefits in the way of boating, swin_ning,and fishing facilities, which would be provided to the residents of this Village by the proposed reservoir. i0. The proposed reservoir appears to be in basic conflict with the proposals contained in the _unty of Erie Comprehensive Sewer Study (Greeley.& Hansen Report).... _ _. ,. !

AND BE IT FURTHER RESOLVED that in view of the foregoing findings ,•. this Board is opposed to the implementation of the proposed Springbrook Reservoir Plan. (at this time). .- .',.

AND BE IT FURTHER RESOLVED, .thatcopies .of this Res61ution be deilvered to the Erie-Niagara Regional Basin Water Resources Planning Board, the Erie County Planning Board, the Aurora;Town Board; the Elma Town Board, the Town of Aurora-Village of East Aurora Joint 701 Planning Board, and.our Legislator, Mr. Arthur• Carlsen of the.Erie County Legislature. •.•., The next item on the agenda was,the consideration of the Marshall property on South Grove Street. Mayor Kelly advised that the East Aurora Planning Board had not had an.opportunity to consider the matter and_it would,•therefore, have to be held in abeyance, and the same applies to the consideration of the u>eof the Mobil property. _- _-

Village Engineer O'Connor advised that he could•not conceive of any use of the property without a variance by the Zoning Board of Appeals and .thatwould include the filing of plans, use data, etc., and go through the public•hearing before the Zoning Board of Appeals. -'

At this point, Mr. Walter•W..Howitt, Village Attorney, advised that there is an existing •petition by the Mobil people requesting tax relief. On.the tax roll, the property is assessed as - land value $5500 and assessed improvement value of $6900, but the improvement was torn down.before tax status day, but was not caught at that time. In checking further the Town Assessor's Office was called and it was found that the Town Assessor had reassessed this property at $1500 land value. However,this does not change this particular matter and further action will have to wait for the Planning Commission report and recc_mendation.

The next item on the agenda was the consideration of the matter of the •amendment of Section 5.04 A 2 of the Zoning Ordinance regarding the Godfrey property on Elm Street. Mr. Howitt reminded the Board that there had been a hearing on May .18, 1.970,.concerning the matter of amending the permitted uses in an Industrial District to include a "feed mill and food packaging plant" and that the Planning Commiss•ionhad recommended that the amendment be de_ied.

After a very lengthy discussion of the subject, Trustee Raymond A. Smith moved .that the mnendment of Section 5.04 A 2 of the Zoning Ordinance to add to the pemitted uses a "feed mill and food packaging plant!'be adopted. Mr: Neal -Jacobus hestitated to second the motion until he knew the exact wording of the section, whereupon Mr. Howitt ream the proposed section adding the permitted uses of "feed mill and food packaging plant". Trustee Jacobus then seconded the motion.

In stating his objections to the motion Dr. Ford • Firstly: Rem_nded the.Board that the Planning Commission's reason for recommending against the change was that in the original construction of the Zoning Ordinance, 'it had been felt that there should be no.proliferation of uses in the district. . Secondly: If the new use Of the Godfrey property was indeedthat of a feed mill, then there was nothing in the _Ordinancewhich would prohibit such use. Thirdly: If the.new use was not a feed mill, then•adding "feed mill" in the permitted uses in the district, did not help the situation. Fourthly: That the matter had been.introduced to the Board for action under cognizance without full Imderstanding of the basis on which action was to be taken and that it would have been more appropriate for the interested parties to have appeared before the Board and requested the change-in the Zoning if they felt they needed protection. , Fifthly: That the question of whether the'operation was legal or not did not appear to have made any difference to the interested parties because the property had been sold and modification was going ahead, and it appeared then that we were being asked to adjust the law after the fact to suit the circu_nstances. East Aurora, New Yo_ July 6, 1970,.

During the discussion .itwas brought out that the Ralston-Purina Company is now the owner of the property known as the "Godfrey property'"o_oElm Street from the 3(_.BlockandCleaver Restaurant to Oakwood Avenue, and they_/_l_eadystarted to_ork. This;brought the inquiry;from Trustee Jacobus as to what the building pemit covered. He was advised that it covered the installation of a larger underground scale and_the.demolition of 40 .feet.ofthe old coal trestle.

Trustee Jacobus advised that•he Would like to Withdraw his second of the motion but was advised that was impossible:•

•Upon a vote of record called .for_byMayor Kelly: ,,,

-- Trustee Smith Yes _ : Trustee Jacobus No --, Trustee Nicol6ff No Trustee Ford • No -. i _ ,, Mayor Kelly .,. Yes •. ., . ._ Motion defeated. , ,.....

The matter of the drainage on East Fillmore Avenue came on for discussion and consideration. Mr. O'Connor advised that the matter was being worked on and asked that it.be held for the;August 3rd meeting. "." • i I, Mr. Howard.Colkitt of King.Street, after being recognized, stated that.he and Mr. Lee of 188 King Street had made a survey of the sidewalks on King Street and found 68 sidewalks broken, 8 expansion joints at least 1/2" above the walk, 8 driveways broken and the curbs in several places .cracked.-andasked w]ia_,if anything, had been done about having the.repairs made. Trustee Ford advised Mr..Colkitt,.that the contractor, Lloyd Long, was .very reputable .and although he had been paid for the particular work in.question had accepted a lesser s_n on another item, to cover the cost of repair work needed on King Street, and he supposed the responsibility is now that of the Village..However he felt that Mr. O'Connor should_,contactMr.._Longand set up.a meeting to go over the situation, at which time he would .be notified so that he might be present.

Mr. John Lee, 188 King Street, brought up the matter of reseeding .thearea .__ between the sidewalk and the curb and asked when it would be accomplished. He also brbught up;the_dangerbus _ondition existing on the east side of King Street. Mayor Kelly advi'sedthat he had an appointment with Mrs. Frantz, .theowner of the property which had been

Mayor Kelly brought up-.the,matterof,_thedog warden contract and read the dog warden report ifor themonth of JJune. There was considerable discussion as to whether.or not Robert Bore .andMichael Gervasi should be .given separate contracts as each had their,own t_rucksat the present time; It was .brought out that the hourly rates for the truck use and the rate for patrol work would amount to .aboutthe same amount of money as at the present time, where the contract is with Robert Bove and he pays Mr. Gervasi_for ;hiswork. There,was .a-letter stating_that should the contracts .bemade-separately.;Mr_ Gervasi would have sufficient insurance coverage. _ .

- After the discussion, Trustee Waiter E. Nicoloff moved, seconded by Trustee Ramond A. Smith and carried with no negative votes, that the Attorney prepare and negotiate two separate contracts with Robert Bove and Michael Gervasi.

Trustee Neal Jacobus asked about the tree feeding program and was advised by the Village Engineer that he was awaiting recomuendation from the Farm & Home Center. -'h-l. . ".:' Trustee Jacobus stated that he had received a call about the cutting of weeds on Fairlm_n Drive and was advised that the tractor had hit a pipe in cutting weeds and the operation would continue as._soonas the-tractor was back in service.

' Trustee James W. Ford stated that he would like to make it a part of the r_cord that'the Village had deposited in the three banks .in East Aurora, the s_n of $350,000. at8%_inteT_st for sixty,days; East Aurora, New York July 6, 1970

Trustee Smith advised.he,had nothing.to come before_the.meeting and neither did Trustee Nicoloff._ --_'_:_.."r_-" " - ". ."

Trustee Ford then gala review:of the _act]on he knd_Trustee:Nicoloff had taken with reference to insurance coverage _for.the.'.Village',and the ,unusualproblem-_they were faced with in trying,to get cclmpetitivebids fon,the.coverage; It,8ppeared that it was not the local agencies but the insurance ccmpanies who were not interested. Travelers had advised that they were not,interested and"apparently Aetna was not interested as they had not replied to letters. Trustee Ford inquired of Mr. Howitt if it was necessary for the Village to have competitive bidding for insurance, whereupon Mr. Howitt checked the General,Municip_l Law and advised that it did not require the Village to have competitive bidding. During the discussion it was brought out that a hinder had been written by the present carrier, without.the ,20% increased rate so that the Village was completely covered....

Both Trustee Ford and Trustee Nicoloff felt that the Village was underinsured especially on the contents and liabilty coverage and suggestedan ,"_nbrella type" coverage in the amount of $1,000,000 to $2,000,000 and felt that _the.present coverage by binder should be continued pending a review and survey.

After additional discussion, Trustee-Raymond A. smith moved, seconded by Trustee Neal Jacohus and carried with no negative votes, that Trustee Nicoloff and -Trustee Ford be authorized to negotiate with the present insurance carrier to increase our insurance to an "umbrella type" coverage of $2,000,000 and to'continue the present policy of insurance pending the review. " : -" : ; .' "" [. : . t. ;. Z !" ., Chief Carl Waltz-advised that the new man "hadstarted work.on July isZ and from all indications he was going to"besan"excellent "officer.He also advised that the new guns with tear gas grenade launchers had arrived.andthey were..interchangeablewith other municipalities,,should they be called out. ": .... ' t Trustee James,W. Ford moved, secondedby TrusZee Raymond A. Smith and:carried with no negative..votesthat vouchers,No:86 through No,._121_n [theamount of $38,616.57 on the General Fund :andvouchers No.19'through No. :26in the amount of $4625.67 on the Water Fund as audited by the Mayor and Trustees be paid. J .VillageAttonley Walter W. Howitt reported thst,Miss Dorothy Rosen, as Treasurer, had prepared certificates of determination for the _.e_.._W_oftwo bond anticipation no_es. The first '.for$142.,_500forGirard Avenue curb, .gutters,;and.sidewal_-s,_which was up 'for,renewal'-onJuly 9th;'in the same',._nount"but,at "6%•interest instead of the present 5%, the .second for the Prospect Avenue •sewer project in the reduced amount of •$77,000which Was up for renewal on July 10th, at the interest rate of 5.97% instead of the present.5-i/2%. . _.!_::-: : T : -.

Mr. Howitt presented _ notice of claim from Ma_'Musty .and Sylvester C;.Musty, her husband,,for ir/juries_stained while riding in. the First /kidvehicle"and advised that the matter should be investigated'and turned over'toithe insurance carrier. ":b "i :Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith :and carried With no '.negativevotes, that -the.Mayor:be authorized to have the ;matter investigated and fon¢arded to the insurance carrier for'further actfon. ;

l_e Village Attorney then.,reportedthat the Village is in the stage right now Where this"Bdard_can-take title to':the,Boothpropertyby saying that it is in the interest of the Village to be vested withthe title. Mr. Howitt gave a brief restme of past action taken and advised that the Board couldproceed .as they did in the Carini matter. ,. j " ,: After discussion .Tz/mtee Raymond A..Smith moved; seconded.by Trust'eeWalter E. Nicoloff and:carried with no.negative votes, that •the Attorney be authorized to proceed in the interest of the Village to have the title to the Booth property on South Street vested in the Village for.the pl,acement of the new 12" main to the reservoir. •" '' ' _ - _ . -_..... and By consent, the Village Attorney was authorized to contact Mr. Booth/again offer him the :$500.•_ "' . . .

Mr. O'Connor, Village Engineer, reported on the Girard Avenue situ_,_on. The curbs are in beyond Hamlin .Avenue-and-the'binder is laid;from Pine Street to Maple Street and within a few days the-finish coat will be,applied. , i'

By arrangement with the County from W_ley to Pine Street, where the right-of- way is 49-1/2 feet, there will be a clear:s-pacebetween the surb'and •sidewalk of 2'. From Whaley to Maple the sidewalk would he in its,present location'within,6" of the present 33' line. From Maple going west on the south side there is no serious problem and the sidewalk will be back of the 33' mark without involving the trees. East Aurora, New York July 6, 1970 21

We do have a problem on the north side. Inmediately 'west of Maple there is not room to put a 4' sidewalk back of the trees. I would like permission to ask these people to grant us an easement so we could put the sidewalk back of the+trees.

By consent, the Attorney and Engineer were authorized to obtain easements on the northside of Girard Avenue, where necessary. ., , ' . ,. . i Mayor Kelly presented a letter from Beverly Bancroft requesting permission to use H_alin Park onJSunday, August 2nd, by the Baker Memorial Church for a family picnic and devotional service. -

Trustee Walter E. Nicoloff' moved, seconded by Trustee Raymond.A.ISmith and - carried with no negative votes, that Baker Memorial Church be granted permission to use Hamlin Park on,Sunday.,August 2nd, for,a family.picnic and devotional service 'andihat:Mrs.+Bancroft be+so notified.. ,;, +. ,.' , .. . . .++,. • . y +i+, ' • ' • ,:,'" ',_," i " • ': '' "_.+ + _ ' : I , Mayor Kelly presented a letter from+Onontario Corporation with reference to the Lemke sewer on Olean Street and Mr. O'Connor advised that they were trying to determine the cause of the trouble mud-asked for additional time+to determine what work was necessary+to correct,the situation on Olean Street. : •

,Mayor Kelly asked how many would be able to attend a closed meeting on July 13th to form a committee to draw up a Local Law re Village Administrator _:orVillage Clerk, and determine what the .policywbuld_'_e, draw up the Loca.lLaw .and then:we could advertise for a Village Administrator. Trustee Nicoloff also asked that the selection of a Trustee be considered at the same time. So agreed.

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that the meeting adjourn at 11:35 P.M.

.. •WAlter W. Howitt ,' .+ •.., ••, . .Village Attorney "

East Aurora, New York : July 20, 1970 . i • $ , Minu%es of+the regular meeting of the ,Board.of:..Trusteesofthe Village of East Aurora, New York, held in the Board Room of the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday evening, July 20, 1970.

,, There were present the foll_ving:,Messrs. Robert B. Kelly, Mayor presiding; ,DaVid P. Elmer, James W. _Ford, Neal Jacobus, Walter E. :Nicoloff, and Raymond A. Smith, Trustees, comprising a quorum of the Board; also Messrs. Walter W. Howitt, .VillageAttorney; James R. O'Connor, Yillage Engineer and Dorothy F. Rosen, Village Clerk.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the minutes of the regular meeting of July 6, be approved; as amended_--',-, .. _ ." .... • ! +, ''+ i , ; 7 , Mayor Robert,B. Kelly opened the hearing on the matter of +the petition to : correct the 1959-1970 assessment roll and tax roll as to tax item No.202-555 in re premises at 771 East .Fillmore Avenue. No one appeared to speak at this hearing and it was:closed. ' •'" •• f Thereupon the adoption of the following resolution was moved by Trustee David P. Elmer, seconded by Trustee Raymond A. Smith and duly carried with no negative votes: ,+ • ,, , , , RE'SOLUTI ON

WHEREAS, the Village Assessor has filed with this Board her.+petition verif_y 7, 1970 requesting the correction of Item No. 202-555 on the 1969-1970 assessment roll and tax roll by deleting from the said assessment .roll an ,assessment of $20+80 for delinquent water, and correcting the said tax roll as to said item by changing the amount of tax due from $285.68 to $264:88 and requesting authority to refund an'overpayment of $24.37 to the taxpayer in connection with this tax item, and

, : WHEREAS_ pursuant to the applicable provisions of:law, notice.of more than _ waa duly given to the persons or corporatlons .whose.rea property was liable to taxation and proof.of the service of:such notice was duly filed,

, NOW+_"THEREFORE_IT IS RESOLVED, that the proper assessed land value and • proper assessed total value of the'said tax item 202-555 shall be as follows

,.. ,,* East Aurora, New York July 6, 1970 21

Trustee James W. Ford moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes, that the meeting adjourn at 11:35 P.M.

.. •WAlter W. Howitt ,' .+ •.., ••, . .Village Attorney "

, NOW+_"THEREFORE_IT IS RESOLVED, that the proper assessed land value and • proper assessed total value of the'said tax item 202-555 shall be as follows

,.. ,,* _ 2 East Aurora, New-York July '20,'1970

for fiscal year 1969-_1970: . :.,,: _. , ' Land " Tax; Amt...... _.:" C_ner'sName. _ Property Location Value Val, of Tax Acct.No.. i : _: & Address . <" • ',-, ":',• ' .

202-555: Gfeen,{Wm.-J. & W. ". " 771 E.Fillmore Ave. 800" 6500 264.88 771 E. Fillmore'_Ave. _.,... , s.,.' ,"•., ."',, - '- E.Aurora,N.Y. 14052

AND BE IT FURTHER RESOLVED, tha_the assessment roll for fiscal year " 1969-1970 be corrected by changing said roll to Show said item No.202-555 as having an assessed land value of $800.00 and a total valuation of $6500.00 aid by- deleting therefrom the assessment', of $20.80 for. delinquent'water, that the .tax.roll for the said fiscal year 1969-1970 be corrected by changiflg the amount 'of tax due thereon from::$285.68 to $264.'88, and that the: refund of the amount of $24.37 paid by the taxpayer, under protest and attributable to the said delinquent water assessment of $20.80 plus penalty and interest of $3.57 is hereby directed. ' '.: .... :,, , ' • .., .... . , ",. . * . i , J . . ,- " The:Mayo}next opened the hearifig on:the:matter of the.petition to correct the 1970-1971 assessment roll and tax roll as to tax'item.No201-15 in re premises at 35 Buffalo Road from which the improvement was removed prior to the tax status date of January.I,'1970'.7Noone:appeared to speak at this hearing and it was,closed.

13_emaponthe 'adoption of':thefollowing resolution'was moved by Trustee 9ames,W. Ford, seconded by'TrLtstee"WalterE. Nicoloff.'andduly"carri'ed with no negative votes :

RESOLUTION

WHEREAS, -the Village Assessor has filed with this Board her petition verifle-_July 7, 1970 requesting the correction of item No. 201-15 on the 1970-1971 .assessment roll and tax roll by changing the total assessment for said parcel from"$12,400.00"to $5500.00 and correcting the said tax roll as to said item by changing the amount of tax due from $582.18 to $258.23 and' requesting authority

' WHEREAS, pursuant to the applicable provisions of_law_ notice of more than l_ys was duly given to the persons or corporationswhose real property was liabl4 £o taka£ion and,proof of the service of.such noti:cewas .duly filed,

NOW_ THEREFORE/ IT IS RESOLVED; that the properassessed x/aluationof the said tax item No. 201-15 shall be as follows: •: Owners Name .•Property .:Land ' Taxable Amount Acct.No. ; & Address : ' Location ; Value Valuation "-of Tax i , .... 201-15 "Mobil Oil Corp." 35 Buffalo'Rd. 5500_ 5500 "'258.23 Att.C.M..Nelson 50 W. 44th N:¥.,N.Y.10036 :" ": ..... '"

AND BE IT FURTHER RESOLVED, that the assessment'roll for fiscal year 1970-1971 be corrected by changing said roll to show said item No.201-15 as having'assessed 'land value and total valuationofS5500.00, that the 1970-1971 ta_'roIl be"eorfected;by chKnging the amount oftax due as shown,thereon and 'on the tax roll for .said fiscal 1970- •1971from $582.18 to $258.23; and that the refund of overpayment of taxes in the amount of $323.95 being .thedifference between the $582.18 tax levied and the $258.23 tax due as corrected is hereby directed to be paid:to .said Mobil 091 Corporation.

The report of the Fire Department Committee is to be on the agenda for August 3rd.

The Tannery Brook Committee report is not yet ready and will be given at some future date. " ...... [. . r .,.,'. ' ," ".

Mr. James R. O'Connor:reported that they ,have easements.:forms and a, list of property owriers along Tannery Brook' ready. B)/ cow,non consent the" Board agreed to authorize Village Attorney Walter W. Howitt and Village Engineer James R. O'Connor to use the method-of'cbntacting oicners by letter as was',done previously. : ', " t " " '" A discussion on the proceeding.;for the Model Housing Code followed. Mr. O'Connor will draw-up a draft to submit',to Trustee David P. Elmer for stfldy and further recon_nendations. Mr. O'Connor also suggested that all Village Ordinances be recodified and be bi-ofight up to 'date. :"

Trustee David P..Elmer asked the situation regarding the Girard Avenue sidewalks. Mr. O'Connor reported that ali property oaners had'not yet come into full agreement with the plans, but he and the owners are trying to work _6ut_details. --.:. East Aurora, New York July 20_ 1970 a_Z _.

Trustee Elmer. •also asked about the ruts along the sidewalks and how remedial work .on these would'be done. Mr. O'Connor reported that he had easements for permission to go back onto ".thepropertywhere it is necessa.ryt,omake these needed improvements.

Mr. Elmer then inquired as to the status 'ofthe drainage p.rojectrequired'on the Backstrom and Brown properties on East Fillmore. Mr. O'Connor reported that he had a letter granting temporary easement to•.theVillage signed by.both Mr. Backstrom and Mr. Brown as interim authority to install the pipe. Mr. Brown and Mr. Backstrom both will furnish deeds so that the Village Attorney can draw the permanent drainage easement..The Village Engineer's office plan'sto •complete this work.during August.

Trustee Neal Jacobus brought up _he_matter of the feeding of the trees on Girard Avenue. The request had been made by Mr. Fred Gardner, 274 North Street, that this be done. Mr. O'Connor has 'talkedwith a tree expert at the Farm and Home Center who does not recommend feeding the trees in the way in whi'chhad been proposed. He sugges{ed the best method would be to treat the trees with an organic fertilizer on the surface. This could be used in the Fall or in the Spring.

The matter of the sidewalk bridge being built on Center Street was brought up and the question as to the responsibility of the ViIlage to install a sidewalk from South Street to the bridge. Mr. O'Connor stated that 160' of the sidewalk would be in the Village,,the remainder,in the Town.

Trustee James W. Ford moved, seconded by Trustee David P. Elmer and carried with no "negative votes that the Village Engineer be authorized to retain the services of Krehbiel, Guay, Rugg and Hall to get a cost estimate for the design for engineering the sidewalk.from South Street on the east side of Center Street'to the Village line.

The matter of the proper persons to sign checks drawn on V.illageaccounts in the absence of the Treasurer and Deputy Treasurer of the Village of East Aurora came on for consideration. The provision of Section 81 of,the Village Law provides that in the absence or inability of the Treasurer and the .Deputy.'Treasurer,if any, the Board of.Trustees may, by resolution, dete.rmlne,that the Mayor and one or more of the Trustees shal.lsign checks and a certified copy of such resolution shall be notice to the depositary of such authorization was read to the Board.

After a discussion, it was moved by Trustee James W. Ford, seconded by Trustee David P. Elmer and carried with no negative votes that the following resolution be adopted: RESOLUTION

WHEREAS by reason of _acations, ilnesses, vacancles in office and other causes there may be occasions when the treasurer of this village and the deputy treasurer, if any, will be absent from the village or not able to act, and

WHEREAS, Section 81 of the Village Law makes provision for the Boardo_tees to. determine by resolution, that the Mayor and one or more of the Trustees shall sign checks in such event,

NOW_ THEREFOREtBE IT RESOLVED , that in the absence or inability of the treasurer of this Village of East Aurora and the absence or • inability of thedeputy treasurer of this Village, if any, it is hereby determined that'the Mayor of this Village, ROBERT B. KELLY, and Trustee James W. Ford shall sign checks to pay moneys out of the Village treasury pursuant to Section 81 of the Village Law, and

BE IT FURTHER RESOLVED that a certified copy of t.hisresolution be delivered to each depositary in which any of the funds of the Village treasury shall be deposited.

Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford that the Mayor be authorized to enter into an agreement with the New York State Electric and Gas Corporation for the installation of a pole for the new reservoir.(During a considerable discussion, Mr. Jacobus recu,,Hendedthat the electrical service to the tank be installed undergrotmd in order to eliminate an tmsightly pole with crossanns and transformers appea_ing on the surface.) Upon the question the vote was taken and the motion was defeated.

The Engineer was then advised to Seek additional information from the New York State Electric and Gas Corporation as to:the size of the service and also the cost of the underground installation 15roposedby Mr. Jacobus.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that vouchers No. 122 through No. 174 in the amount of $31,875.53 on the General Fund and vouchers No. 27 through No. 38 in the amount of 757536.66 on the Water Fund, as audited by the Mayor and Trustees be ordered to be paid. '24 East Aurora, New York _ July 20, i970

The•Village Atto'rnoyreported to the Board:that the Supreme Court has entered an=order in _th'eRichardY. Booth water pipeline doffdemnatipnmatter gra_ting the condemnation and a_pointing Virginia Stewart,Arthur S. Aung'st, and Shirley Greatrix as.Commissioners tO determine the compensation to be paid for thewaterline"easem_nt. The Village Attorne)_further repo_ted that the oath'of e_ch co_nissioner:has been filed in the Erie 'County Clerk's office and accordingly title to the'required easement had vested in the Village of East Aurora as of 9:10 o'ciock A. M. ,'on M0nday, Jul_ 20, 1970.".... . •,

Mr. Howitt pre_ented the'request of David Mika of Tonawanda to paint house ntmfDerson curbs with fluorescent paint. . ,

Trustee Neal Jacobns moved, seconded by Trustee David P. Elmer and carried with ao negative votes that David Mika be advised "that his request to paint house numbers had been denie_ and that _the re_or_s for this denial'be given, and that Mr. Mika be advised that the Board respects the initiative shown in a project of this kind.

The reason for denying this reques_ was _he feeling that thisl could be an invasion of privacy/,...... Trustee James W. Ford reported that'the arrangemen'ts'hadbee_ made:with * DiFilippo-Aungst for insurance.coverage and that the suggested umbrella coverage had been 'added. '"

Mayor Kelly !:eported to the Board'the'result of _ilsconference with Robert Bove, the Village Dog Warden, and Michael C.'Gerva_i, the _sistant Dog'Warddfi', in connection with the matter of improved enforcement of the Village Dog Control Ordinance. It was Mayor _ Kelly's recommendation that mi additional amofmt of $575.00 be transferred =from the Conti'ngentAccount to the Control of Animals' Account(l.3510) so that Michael C. Gervasi could be employed for dog control duty using his own vehicle 'fora period of 25 hours per month 'tQsupplement such patrol and vehicle service provided by Mr. Bove for 75 hours per month. It Was his further recc_mendation that this additional service be arranged for with Mr. Gervasi for the month of August 1970 on a preliminary trial basis.

Following a discussion it was moved by Mayor Robegt B. Kelly,'seconded by Trustee James W. Ford and carried with four affimative votes and two negative votes that.the following resolution be adopted:

RESOLUFION

BE IT RESOLVED •thatMayor Robert B. Kelly be and he hereby is authorized to sign a contract with:Michael C. Gervasi under which'Mr. Gei_vasiwill furnish a ve_icle for-dog control enforcement services during the month of August 1970, and

BE IT FURTHER RESOLVED .that the sum _of"$575.00"b_etransferred from 'the Contingent Account to the Control of Animals Acco_int:_(1.35i0)to provide funds for the anticipated additional services to be prOVided by Mr. Gervasi.

The follow_ng letter was received and read:

_' " '" _72 King reet " East Aur6ra; N.Y.

July I0, 1970 C

Your Honor• Mayor Robert B. Kelly Mayor of East Aurora ." Members of the Village Board ' •

Gent lemon:' _.

This letter will serve as a notice that I or my fmnily Will'not be held responsible for anyone belngzln]ured due to the unsafe condition of the sidewalk in front of our home at 172 King Street, East Aurora, New York; namely-the fact that one expansion is protruding about 3/8" above the level of the sidewalk and two blocks of the sidewalk are cracked and rise with the frost in the winter as much as 2" to 3" creating a very dangerous walking area.

I suggest that immediate action be taken to correct_t_e above situation.

Very truly yours, C.H. Colkitt East Aurora, New York July 20, 1970 _5•

The"Iist of junk;cars under surveillance and the Police and Fire reports were re'ceivedfor filing.

A letter of resignation from Sally"C. Wood as Clerk-Typist"effective August 31, 1970, was read. The MaySr reported that Rebecca Kimpton has been hired to start "probationary training on August 3rd at a salary of $4600.00.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nic01off and carried with no negative votes that the resignation of Sally C. Wood be accepted with regret and that she lieso notified.

The hiring of Village Administrator came on for discussion.

Truste_ James W. Folldmoved, seconded by Trustee David P. Elmer and carried with no negative votes that the Village Attorney be authorized to prepare drafts of a Local Lm¢ establishing the office of the Village Administrator.

Trustee Walter E. NicSloff moved, seconded by Trustee Raymond A. :Smith and carried with no negative votes-that:this meeting adjourn at 10:40 P. M.

lJorothy (F_ Rosen c._. - Village O'l_erk. . 1

East Aurora, New York August 3, 1970

Minutes: of the regular meeting of the Board of Trustees of:the Village of Eas_c Auroi'a, "New Ydrk, held in the Board Room of the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on'Monday evening, August 3, 1970, at 8 o'clock P.M. ..

....There'were present'the"following: Messrs. Robert B. Kelly, Mayor presiding; David P. Elmer, James W. Ford, Neal Jacobus, Walter E. Nicoloff, and Raymond A. •Smith, Trustees, comprising a qu6r_n of the Board;.also Messrs. Walter.W. Howitt, Village Attorney and Jame.sR. O'Connor, Village Engineer.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the minutes of the regular meeting of July 20, 1970 be approved as submitted.

Mayor Robert B. Kelly introduced _or discussion the matter of the_appointment of the sixth trustee as the first item of unfinished business. This[_.matternot having been previously listed on the agenda, Mayor Kelly asked for authorization to place this•item as the firgt item'of unfinished business on the agenda..Authorization was granted by unmSimous consent of the Board. Whereupon Trustee David P. Elmer and Trustee'James W."Ford requested' a recess of the'meeting so that this matter could be considered in Executive Session.

Mayor Kelly recessed the meeting at 8:15 P.M,•and the Board met in Executive Session in the Engineer's office.

At 8:25 P.M., the Board r_convened in regular session, and Mayor Kelly reported that the Board members were not ready to appoint a sixth member at this time and that the Board was deadlocked on two possible candidates. • r ,. f After discussion Trustee Walter E. Nicoloff moved, seconded by Trustee James W. Ford and carried With'no negative votes that the -Engineer study conditions in Tannery Brook and prepare estimates of dost to do the necessary remedial work in Tannery Brook and report his .findings a_ the_-August 17th Board meeting. ••

The Engineer reque'stedclarifiCatioN of the werd•"remedial''as it applies to the clearing of Tannery Brook. By consent,•the Board agreed that the attempt was to remove weeds, brush, woody plants, etc., from the banks, remove debris from the bed of the stre_a, and stabilize banks where necessary. ! . _ • ] Under unfinished business the Engineer reported that the Model Housing Code was being put in manuscript"form for distributi6n'to the Board of Trustees on, or before the August 17th meeting. There was a discussion relating to the necessity of having •a housing code.

Mayor Kelly and others cor_nentedthat a strong code is needed in order to maintain h&gh Single dwelling standards, which standards were not covered :byexisting Fire Prevention Codes and Building Codes.

Engineer O'Connor reported that the booster_station to be installed on Village East Aurora, New York July 20, 1970 _5•

The"Iist of junk;cars under surveillance and the Police and Fire reports were re'ceivedfor filing.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nic01off and carried with no negative votes that the resignation of Sally C. Wood be accepted with regret and that she lieso notified.

The hiring of Village Administrator came on for discussion.

Trustee Walter E. NicSloff moved, seconded by Trustee Raymond A. :Smith and carried with no negative votes-that:this meeting adjourn at 10:40 P. M.

lJorothy (F_ Rosen c._. - Village O'l_erk. . 1

East Aurora, New York August 3, 1970

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the minutes of the regular meeting of July 20, 1970 be approved as submitted.

Mayor Kelly recessed the meeting at 8:15 P.M,•and the Board met in Executive Session in the Engineer's office.

Engineer O'Connor reported that the booster_station to be installed on Village -O_6 East Aurora, New York August 3, 1970

property at the tank.site on Center Road by the school would require extensive electrical services, serviceswhich could be c_abined.withthe Village-needs at this location. Details are being studied with the school's consulting engineer, Nussba_ner & Clark, 'in order to.consolidate these services. Engineer O'Connor reported that this study .revealedthat :the sewer service-to be provided to the new high .school involved a lift-station .regulated at 270 gallons a minute dis-. charging into Fairlawn Drive sewer which must be pumped into the existing Disposal Plant through _our present lift station capable of 200 .gallons a minute. This information is.significant and should be basis-for parts of the negotiated contract for this service between the school and the _/illage, if such a contract is drawn.

The matter Of a proposed Local Law providing for the establishment of a new title of Village Administrator_with the duties and responsibilitiesd_scribed was brought on for discussion, ...... %" Mr. Milton Cederquist, Bill Murray, and Fred Gardner requested clarification of the duties of .theproposed administrator, particularly as related to :.duties formerly performed by .the-Village Clerk-Treasurer.'.

Trustee David P. Elmer commented that he believed an administrator is needed to carry through projects to completion.

blr.Gerald E. Nistal c_n.ented and ccmpared the position of administrator with that of a similar position in the business corporate structure.

blayorKelly suggested that those interested could v_sit the various communities now operating with a-Village Adminstrator in order to learn more about this system. He offered,to drive the Board-memb_rs.or others to Westchester Count_ to visit Bronxville, Larchmont, and Briarcliff Manor.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negat-ivevotes .that authorization be given by the Board for reimbursement under Section 77B of the General Municipal Law to cover expenses of the Mayor, a Trustee, and a member-of the Village family to visit the above-mentioned communities and study the operation of the Village Administrator arrangement.

Trustee James W. Ford indicated,that he wished to study the proposed Local Law providing .fora Village Administ-rator;andwould participate in the.preparation of a new draft.

A written request for_two;sign permits by the.Flexume Sign Company was presented to the Board for consideration by the Engineer.

Flex_ne requested authority .to change.the existing Atlantic sign located on the premises at 190 Main Street and also a similar sign at the Ernst gas station on Main Street to a hew_sigh,r_flecting-the-new name of this oil cc_rpany.Details of both signs were made available to the Board by the Engineer.

: After discussion,,i.twas revealed that the Board was dissatisfied with the increase in the size of the signs; therefore.,on a motion by Trustee Walter E. Nicoloff seconded by Trustee Raymond A. Smith and carried with no negative votes, the Engineer was requested•to notify Flexume that the sign-.permitcould not be.granted because the proposed sign was too large and exceeded the size of the existing sign.

Mayor Kelly presented to the Board a :_p_titionsigned by twenty-six residents of Ridge•Avenue requesting "Children at Play"•signs be erected at either end of Ridge Avenue and that more concentrated surveillance be maintM:ned on Ridge Avenue in order to cut down the number ,of speeding cars and .therebyprovide a greater protection for the large,m_nber of children in residence on this street.

Police Captain M. Raymond Smallback reported that signs of this nature are not only ineffective, but they are not provided for in the Manual of Uniform Traffic Control•Devices......

On a motion of Trustee Walter E. Nicoloff, seconded by Trustee Neal Jacobus and carried with no negative ,votes, this •petition is to.be referred to the Safety CoT_nittee"forstudy; wi.th an early report-back to the .Board.

Trustee Neal Jacobus suggested that the author of the petition be notified of the action taken.

Inrep-±y,Mayor "_ Kelly agreed to personally visit the people in the area to discuss this matter.

Trustee-James W. Ford moved,..secondedby Trustee David P. Elmer and carried with no negative votes that an overpayment of 1970-1971 Village tax in the amount East Aurora, New York August 3, 1970 27

of $4.82 be refunded to Elizabeth C. Buccieri for property at _06 Main Street, tax nLnnber202-154.(See General receipt #1892) i The following resolution was moved by Trustee James W. Ford; seconded by Trustee Raymond A.:Smith and carried with no negative votes, thereby being adopted:

RESOLUTION

WHEREAS, ah,amount of $12,000 was received from the Erie County Sales_-T_ excess of the amount budgeted,

NOWi'_THEREFORE_BEIT RESOLVED, that the 1969-1970 Budget be increased in the amount of $12,000 to reflect this increase in revenue.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that vouchers No. 175 through No. 215 in the amount of $29088.25 on the General Fund and vouchers No. 39 through No. 46 in the amount of $2246.96 on the Water Fund as audited by the Mayor and Trustees be ordered to be paid.

" Trustee Walter E. Nicoloff moved, seconded by Trustee Neal Jacobus and carried with no negative votes that this meeting recess at 11:04 P.M., to reconvene at 8:00 P.M., August I0, 1970.

Walter W. Howitt ' 'Village Attorney '

East Aurora, New York August I0, 1970

M ikiutesof the regular meeting of the Board of Trustees of the Village of E_t Aurora, New York, hel in the Board Room of the Village Hall, corner of Main and Paine Streets, East Aurora, New Y6rk, on Monday evening, August 3, 1970, recessed to reconvene at 8:00 P. M. , August i0, 1970..

There were present the following: Messrs. Robert B. Kelly, Mayor presiding; Dagid:P. Elmer, James W] Ford, Neai Jacobus, Walter E. Nicoloff and Raymond A. Smith, Trustees, comprising a quor_n of the Board; also-Messrs, Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk.

Mayor:Kelly asked pemission to begin_,the:meetingiwith a report of Mr. William Steane of Lozier Engineers, Inc. on Water Treatment Plant Investigation and Water Short Term Improvement Program. Copies of this report were distributed to all Board members and Mr. Steane reviewed the report in detail....

This'was followed by a question:and answer period_ The ,Bdard,.willnow take the report and study it and meet later for a decision on how to proceed.

Trustee Walter E. Nicoloff reported_that he,had received a letter from Mr. Thomas Moore, 181 Dorchester Road, regarding a $60.05 water bill incurred while the Moore's were in residence in Spain, the house being vacant at the time of water usage, it was " felt it was caused by vandalism.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. smith and carried with no negative votes that a letter be sent to Mr. Moore expressing regret that the water bill cannot be cancelled due to the fact that the Board has taken a stand that the property owner is responsible whether or not he is in residence.

Attorney Walter W. Howitt will write this letter.

Trustee Neal Jacobus reported that he had'been informed of an odor of sewage near the Maple Street bridge. This will be checked by Mr. O'Connor.

Mr. Jacobus also suggested that in the future junk cars could be taken to the old dump orto Howbill's for disposal-. :

Mr. Howitt reminded the Board that he had prepared proposed contracts with the school for water usage and sewage disposal. These will be on the agenda August 17.

A letter was read from the "701" Joint Planning Agency.

Also a cc_aunication was received from Theodore E. Lang, Jr., 399 Girard Avenue, requesting that a diseased tgee Be 'removed from'in.front of his 'property. This matter was referred to Trustee Elmer and Village Engineer O'Connor. East Aurora, New York August 3, 1970 27

RESOLUTION

WHEREAS, ah,amount of $12,000 was received from the Erie County Sales_-T_ excess of the amount budgeted,

NOWi'_THEREFORE_BEIT RESOLVED, that the 1969-1970 Budget be increased in the amount of $12,000 to reflect this increase in revenue.

" Trustee Walter E. Nicoloff moved, seconded by Trustee Neal Jacobus and carried with no negative votes that this meeting recess at 11:04 P.M., to reconvene at 8:00 P.M., August I0, 1970.

Walter W. Howitt ' 'Village Attorney '

East Aurora, New York August I0, 1970

This'was followed by a question:and answer period_ The ,Bdard,.willnow take the report and study it and meet later for a decision on how to proceed.

Attorney Walter W. Howitt will write this letter.

Trustee Neal Jacobus reported that he had'been informed of an odor of sewage near the Maple Street bridge. This will be checked by Mr. O'Connor.

Mr. Jacobus also suggested that in the future junk cars could be taken to the old dump orto Howbill's for disposal-. :

Mr. Howitt reminded the Board that he had prepared proposed contracts with the school for water usage and sewage disposal. These will be on the agenda August 17.

A letter was read from the "701" Joint Planning Agency.

.MayorJRobert;'B.Kel'ly read a letter from the Minotaur inviting the members of the Board to an open house on August 19th and 20th.

Mr. C. H. Colkitt, 172 King:Street, asked what•the plans were for repairing the sidewalks on King and Persons Streets. This matter to be referred to the Village Engineer for.report on August igth.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this"meeting adjourn at .ii:006'.clockP. M.

.... •", . ,Dorothy ,_ Rosen, _., Village CJlerk

East Aurora, New York August 17, 1970

Minutes of the regular meeting of .theBoard of Trustees of the Village of East Aurora, New York,:held in the Board Room of.the Village Hall, corner of Main and-'Paine'Streets,East Aurora, New York',on Monday evening, August 17, 1970_ at 8:00 P. M.

There were present the following: Messrs. Robert B. Kelly, Mayor presiding'; James W. Ford, Neal Jacobus, Walter E. Nicoloff, and Raymond A. Smith, Trustees, comprising a quor_n of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk.

Trustee David P. Elmer was absent. • ° Trustee Walter E..Nicoloff moved, •secondedby Trustee Raymond A. Smith and carried with no negative votes that the minutes of the regular meeting of August 3rd be approved and the minutes of•the recessed meeting of August !0th be _pprQved, as amended. o

•Superintendent o.f-Schools,William :Crocoli,was,present, and the Maypr asked permission to let h_m speak before proceeding,with the agenda•.. ,., • .. , J l ,' Mr. Crocoll informeclthe Board that they were in need of water at the nev_ high.school and desired to _nstall the-pinupwhich he expcets to be delivered August igth.and.was asking the status of the agreement :betw,e_nthe.Village an.dthe school. . .: , . : , r 2 - After discussion, Trustee Wal{er E. Nicoloff moved, seconded by Trustee Raymond A. smith and carried with ng. negative,votes that authorization be given to the school according to Paragraph 5 of the proposed agreement which reads as follows :

5 The Village hereby grants permission to the School District to, construct a booster pLm_pingstation on the Center Road Reservoir Site at the source end of the School District water main.at a place designated by the East Aurora Village Engineer.

The proposed sewer contract with the school was reviewed.

Village Engineer James.R. O'Connor, repprt'ing"ont_e'Tannery 'Brook',0akwood to Main, situation, reported that the original plan would be very expensive; and the property owners did not.seem to feel:that they wished to contribute an amount necessary for this work. He Stated that the Village could rent equipment for cleaning this part .of the brook for approximately.$2000 with work to be done by the Village D.P.W. Department..Decision on this was deferred to the meeting .of September 14.

Re'Tannery Brook easements, he reported that'approximatel_ '25'percent of these easements have been received.

Tr_tee James W'.•Fordrecommended thatthere ":'.' be "_ a followUup through the Engineer's office. He will report back to the Board September 14.

Speaking on the Model Housing Code, Mr. O'Connor reported that h_ has a proposed code, which he would like to discuss at length with the Board. A work session on AugL[st31 in the Red Room was set up to review this c.ode. .. _

Reporting on the King-Persons sidewalk situation, Mr. O'Cormor stated that

the Cracks in question were hairline cracks and primarily due to frost heave. _8 East Aurora, New York August I0,,1970

.MayorJRobert;'B.Kel'ly read a letter from the Minotaur inviting the members of the Board to an open house on August 19th and 20th.

Mr. C. H. Colkitt, 172 King:Street, asked what•the plans were for repairing the sidewalks on King and Persons Streets. This matter to be referred to the Village Engineer for.report on August igth.

Trustee David P. Elmer moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that this"meeting adjourn at .ii:006'.clockP. M.

.... •", . ,Dorothy ,_ Rosen, _., Village CJlerk

East Aurora, New York August 17, 1970

The proposed sewer contract with the school was reviewed.

Re'Tannery Brook easements, he reported that'approximatel_ '25'percent of these easements have been received.

Tr_tee James W'.•Fordrecommended thatthere ":'.' be "_ a followUup through the Engineer's office. He will report back to the Board September 14.

Reporting on the King-Persons sidewalk situation, Mr. O'Cormor stated that

the Cracks in question were hairline cracks and primarily due to frost heave. 29 East Aurora, New York August 17, 1970

The Fire Cc_nittee report was presented and Mr. Howitt stated that a decision on this r_eportcould oniy be made after a lengthy review, but that it should be done i_nediately..It was decided to hold a recessed meeting August 18th at 7:30 P.M. for this purpose.

There was a discussion on the draft for the Local Law regarding the Village Administrator. Trustee James W. Ford had several questions pertinent to this draft, which Mr. Howitt will review and bring answers when this is next discussed.

The Mayor is planning a trip to the Bronxville area this weekend to visit • villages now having village administrators. It is hoped one of the Trustees and a representative from the Chamber of Cen_nerceand perhaps one other person will also make the trip. + Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that we receive the "701" Joint Planning Agency reports A, B, and C, and that a letter be sent tothe Agency expressing our appreciation to them and all others who had a part in nmking up these reports.

The Mayor will see that these letters are written.

A letter from Brad Felton was read requesting permission to hold a free folk .concertin Hamlin Park on Saturday, August 22nd, between the hours of 7:00 P. M. and 12:00 midnight.

Police Chief Carl.L. Waltz recon_nendedthat this concert close at ii:00 P.M.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the request be granted to hold the concert in Hamlin Park August 22nd from 7:00 P.M. to ii:00 P. M.

T_ustee Neal Jacobus reported that Red Cross Week will-be September 14th.

Trustee Walter E. Nicoloff moved, seconded by Trustee Neal Jacobus and carried with no negative votes that a request from the Red Cross to fly Red Cross flags with the American flag at the Circle and Village Hall during the week of Septen_ber14th, be granted.

Trustee James W. Ford moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that vouchers No.216 through No.260 in the amount of $70,588.79 on the General Fund and vouchers No.47 through No.64 in the amount of $45,804.58 on the Water Fund, as audited by the Mayor and Trustees be ordered to be paid.

Trustee James W. Ford moved; seconded by Trustee Walter iE. Nicoloff and carried with no negative votes that an overpayment of 1970-1971 Villlage"taxin the amount of $2.90 be refunded to Albion E. Parsons and wife for property at 704 East Fillmore Avenue, tax n_nber 202-528.(See General Receipt #1928).

The matter of the transfer of funds from Water Fund Account Nos. F290-675 - $16,000.00 and F262-I00 - $14,000.00, a total of $30;000.00 to the General Fund as a reimSursement of expense and charges for D.P.W. Labor provided by the D.P.W. and charred through the General Fund, came on for consideration.

After a discussion, it was moved by Trustee James W. Ford, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution be adopted: , _ RESOLUTION

WHEREAS,.funds were provided in the Water Fund Budget for fiscal year _-6_70 to reimburse the General Fund for the above described services,

NOW t THEREFORE_ BE IT RESOLVED, that $30,000..00be transferred from the Water Fund and credited to General Fund Accounts No.A-2804 and A-2804A (as Interund Reimbursements).

The matter of the resolution adopted by this Board on August 3, 1970, increasing the 1969-1970 Budget in the amount of $12,000.00 to reflect an increase in revenue came on for consideration. It was .now stated in the discussion that the said 1969- 1970 Budget was in balance without the necessitylof the increase provided in the " said resolution. _ East Aurora, New York August 17, 1970

Accordingly, it was moved by Trustee James W. Ford, seconded by Trustee Walter E. Nicoloff and carried with no negative votes that the following resolution be adopted:

RESOLUTION

WHEREAS, the 1969-1970 Budget of this Village is found to have been in-_ance as of May 31, 1970; and

WHEREAS, the"resolution increasing said Budget by $12,000.00, adopte--_-Au--gust3,1970, was not needed in order to balance said Budget;

NOW_ THEREFORE_ BE IT RESOLVED, that the resolution heretofore adopted by this Board onAugust 3, 1970 increasing the 1969-1970.Budget by $12,000.00, is to reflect an increase in revenue, be and the same is hereby revoked, annulled, and rescinded.

A letter .regarding the re-assessment of the Aurora Village Shopping Plaza was read along with a letter from Mr. John Middleton, Town Assessor, requesting lowering,of the Aurora Village Shopping Plaza assessment. This re-assessment was effective June I, 1970. Since, by law, the Village cannot lower this assessment, Mr. Howitt will inform th_se parties o_ this fact.

Trustee James W. Ford'reported that he is •working on the Budget requests for the Town of Aurora and that Mr. Henshaw had stated •that September 25th Would be the deadline date for receiving this information.

A letter.from Calvin W. Potwin, Director of Recreation, requesting the use of the tennis courts for a teen dance on August 29th was read.

After discussion, Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford and carried with no negative votes that the request of the Recreation Con_aission for the use of the tennis courts at Hamlin Park for a teen dance on August 29th from 7:30 P. M. to ii:00-P. M. be granted, requesting that volume be limited to voice only.

The letter from Theodore E. Lang, Jr., 399 Girard Avenue, regarding the removal of a tree between 395 and 399 Girard Avenue will be answered by Mr. O'Connor.

Trustee Neal Jacobus moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the foll_ing resolution be adopted:

RESOLUTION

WHEREAS, payment was erroneously made out of the Water Fund wh'ich sh.oul_-_een made out of the General Fund,

_: NOW_ THEREFORE_ BE IT RESOLVED, that an amount of $340.00 be transferred from General Account No.A8130.429 (Disposal plant) to Water Fund Account F8320.419.

Trustee Raymond A. Smith moved, seconded by Trustee James W. Ford and carried with no negative votes that,Mayor Kelly's recor_nendationfor the appointment of Mrs. Nancy Hubbard Brady, 44 El_ood Avenue, to the Hubbard Memorial Library &• Museum Commission to fill the vacancy caused by the death of Mr. Merritt A. Kyser be approved. ..

The Mayor reported that the training school for fiscal officers and municipal clerks will be held at Grossinger's October 6th to the 9th.

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried with no negative votes that three people be authorized to attend the school with- expenses to be paid according to Section 77B of the General Municipal Law.

The Mayor reported a complaint by Mr. William Tackbury of trucks using the right-of-way back of his store at 6:30 in the morning causing disturbance to him and his family. He stated that he was considering closing this right-of-way. Mr. O'Connor and Mr. Howitt feel that the Village has an easement there and are checking into this.

Mr. O'Connor reported that he is concerned about the condition of Oskacood. Avenue and if possible would like to blacktop the street the entire length. He feels- this would cost approximately $12,000.00. At present funds are not'provided in the budget.

Trustee Raymond A. Smith moved, seconded by Trustee Neal Jacobus and carried East Aurora, New York August 17, 1970 31" with no negative votes that this meeting recess at ii:I0 P. M. to reconvene August 18th at 7:30 P. M.

Dorothy F/ Rosefi Village _/erk.

East Aurora, New York August 18, 1970

Minutes of the regular meeting of the Board of Trustees of the Village of East Aurora,New York, held in the Board Room of the Village Hall, corner of Main and Paine Streets, East Aurora, New York, on Monday, August 17, 1970, recessed to reconvene'at 7:30 P. M. i August 18, 1970.

There were present the following: Messrs. Robert B.Kelly, Mayor presiding; James W. Ford, Walter E. Nicoloff, and Raymond A. Smith, Trustees, con_priginga quorum of the Board; also Messrs. Walter W. Howitt, Village Attorney; James R. O'Connor, Village Engineer; and Dorothy F. Rosen, Village Clerk.

Absent were Trustee David P. 'Elmer and Trustee Neal Jacobus.

The Board met to consider the bids of Young Fire Equipment Corporation, American LaFrance Corporation, and Ward LaFrance Truck Corporation for the new East End Fire Truck Pt_rrper.Followingare a list of the findings:

ii.-It is the opinion of the Fire Department Cormnittee_thatthe requirement that the engine be equipped with a compression release at the engine to facilitate engine maintenance by the Village and department mechanics.

30., 37., 38., and 187. The full length frame rail with tow eyes was required by the specifications to provide for the towing of the vehicle by direct pulling on the frame.

31. A garrison hydraulic power assist being enclosed would make for less maintenance work.

35. Radius arms as specified make for stability and better alignment of axle4_truck

36. •Four direct shock absorbers hydraulic type to be provided for a smooth, safe •{ideon all types of road surfaces.

40. A master shut-off switch is desired to assure cc_rpleteshu{-off of electric power. .-:

42. Circuit breaker required for proper maintenance of the truck,

43. Protected wiring required for less frequent maintenance and protection from weather.

44.- Wiring to be in console for convenience of operation and maintenance.

56. Batteries with 160 ampere hours at 20 hour discharge rate required for use in this truck. . . .. " " ,,

After discussion, Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the preceding findings be made a part of the official minutes of this meeting and that the remainder of the specifications will be._gtudied and compared by the Engineer and Fire Con_nittee and a list of the differences brought '_t_ a work session for study by the Board..

A letter was read fromGeorge W. Hinman of the U.S. Post Office requesting permission to install onesnorkel-type U.S. mail collection box at the curbin front of theNew York Telephone building at 268 Main Street.

Trustee Raymond A. Smith moved, seconded by Trustee Walter E. Nicoloff and ca_riedwith no negative votes that the,request of the U.S. Post Office to install a collection box at 268 Main Street be granted.

Trustee Walter E. Nicoloff moved, seconded by Trustee Raymond A. Smith and carried with no negative votes that the following resolution be adopted:

.:-' RESOLUTION ,:

WHEREAS, a transfer of funds is needed to cover the expense of telephone bills--_e 1970-1971 budgetyear, NOW_ THEREFORE_ BE IT RESOLVED that the amount of $60.00 be transferred East Aurora, New York August 17, 1970 31" with no negative votes that this meeting recess at ii:I0 P. M. to reconvene August 18th at 7:30 P. M.