City Council

Village of Williamsville Village Board Meeting Agenda 5565 Main Street, Williamsville, New York June 24, 2019 at 7:30pm I. Call to Order Pledge of Allegiance Roll Call II. Proclamation(s) 1. Richard and Sharon Rich III. Approval of Minutes Regular Meeting – 6/10/19 Special Meeting – 6/18/19 I V. Public Hearing(s) 1. To Amend the zoning map 2. Local Law #5 to Amend the code for Chickens in the Village V. Suspension of Rules for Public Participation VI. Village Board A. Mayor DeLano - Report and Resolution(s) 1. Approve transfers in the 2018-2019 General Fund Budget 2. Approve transfers in the 2019-2020 General Fund Budget 3. Approve payroll and transfers from 6/5/19 to 6/18/19 4. Authorize bond resolution B. Deputy Mayor Piazza and Resolution(s) 1. Authorize the mayor to sign a Memorandum of Understanding with the Town Supervisor. The MOU states that both municipalities have agreed to cooperatively pursue grant funding to offset the costs of sanitary sewer consolidation. 2. Appoint member to the Historic Preservation Commission Committee C. Trustee Yates – Report and Resolution(s) D. Trustee Etu – Report and Resolution(s) 1. Appoint member to Parks Committee 2. Approve Landscape Architecture Services 3. Appoint member Traffic & Safety 4. Authorize the mayor to sign a Memorandum of Understanding with the town supervisor. The MOU states that both municipalities have agreed to cooperatively pursue grant funding to offset the costs of Lehigh Station/Historic Campus. E. Trustee Rogers – Report and Resolution(s) 1. Appoint member to Parks Community 2. Appoint member as an Alternate to the Planning Board 3. Local Law No. 5 Amendment to Chicken Coops VII. Staff Reports VIII. Executive Session IX. Adjournment  This meeting is conducted according to the Rules of Procedure as adopted by the Village Board on 7/2/18 Next regularly scheduled Village Board meeting is June 24, 2019 MEETING SCHEDULE (NOTE: Dates/times are subject to change. Please call the Village Village Board Liaisons (Updated 3/13/18) Clerk’s office at 632-4120 for the most up to date information) 1st Mon. – Planning Board meeting at 7:30pm MAYOR DELANO: DPW, Personnel, Insurance, Amherst Police Dept., 1st Mon. – Arts & Culture Committee meeting at 7:00pm Executive Safety Committee, Records Management Committee, Fire 2nd Mon. – Village Board Work Session at 6:00pm / Meeting 7:30pm Dept., Tree Board 3rd Mon. – Environmental Advisory Council at 7:00pm TRUSTEE PIAZZA: Amherst Utility Cooperative, Zoning Board of Parks Committee at 6:30pm (Ad hoc) Appeals, Inter-governmental Agency; Glen Park Art Festival Committee 4th Mon. – Village Board Work Session at 6:00pm / Meeting 7:30pm TRUSTEE ROGERS: Meeting House Committee, Glen Park Joint 1st Tues. – Glen Park Joint Board – Meets at Town Hall at 7:00pm Board, Open Government Committee, Planning and Architectural 2nd Tues. – Beautification Committee at 6:30pm (Ad Hoc) Review Board 3rd Tues. – Meeting House Events Committee at 6:30pm (Ad hoc) TRUSTEE YATES: Arts & Culture Committee, Williamsville Business 3RD Tues. – Glen Park Art Festival Committee at 7:30pm Association, Youth & Recreation Committee 4th Tues. – Glen Park Art Festival Committee at 7:30pm TRUSTEE ETU: Parks Committee, Traffic & Safety Committee, 2nd Wed. - Tree Board at 6:30pm Environmental Advisory Council, Historic Preservation Commission 2nd Wed. – Parks Committee at 7:15pm 3rd Wed. – Zoning Board at 7:30pm 1st Thur. – Traffic & Safety Committee at 7:00pm 4th Tues. – Historic Preservation Commission at 7:00pm 4th Tues. – Youth & Recreation Committee at 7:00pm 4th Thur. – Sign Code Committee at 6:30pm Summer Fun in the Village… 4th Fri. – Open Government Committee at 4pm every other month June & July Meetings & Events All meetings are at Village Hall unless otherewise noted. June 2019 24 Work Session at 6:00/Village Board meeting at 7:30pm 25 Historic Preservation Comm. meeting at 7pm 25 Youth & Rec Comm. meeting at 7pm Family Movie Night in S. Long Park – July 12 July 2019 At dusk 1 Village Re-Organization meeting at 6pm 1 NO Planning Board meeting in July Old Home Days – July 16 - 19 2 Glen Park Joint Board meeting at 7:30pm 8 NO Village Board meeting Garden Walk Williamsville – July 20 17 NO ZBA in July Be a Resident Garden Host - Sign up your Village garden today! It’s FREE! 17 Glen Park Art Festival meeting at 7:30pm Be our GUEST. Be our GUEST! -- Self-guided tour of gardens – It’s FREE! 22 Work Session at 6:00pm/Village Board meeting at 7:30pm www.Facebook.com/gardenwalkwilliamsville 23 Historic Preservation Comm. Meeting at 7pm Glen Park Art Festival – July 27 & 28 In Glen Park, 10am-6pm. Visit the Village website at www.walkablewilliamsville.com For Village information, news & events. Follow us on www.Facebook.com/williamsville DELANO #1 RESOLVED, that the following budget transfers are hereby made in the General Fund for the 2018- 2019 fiscal year: To: 001-3410-4610 (Health & Welfare) $223.00 From: 001-3410-4620 (Lease Copy Machine) $193.00 From: 001-3410-4471 (Building Repairs) $30.00 DELANO #2 RESOLVED, that the following budget transfers are hereby made in the General Fund for the 2019- 2020 fiscal year: To: 001-3410-3404 (Truck Expense R-4) $112.00 From: 001-3410-4160 (Truck Expense) $112.00 DELANO #3 RESOLVED, that payroll and vouchers in the amount of $789,456.82 covering the period from 6/05/19 – 6/18/19 are hereby approved as follows: Payroll covering 5/27/19 – 6/9/19: $77,225.31 Vouchers covering 6/5/19 – 6/18/19: General Fund $217,011.85 Water Fund $0.00 Sewer Fund $367,760.79 Glen Park Fund $158.31 Trust & Agency Fund $29,784.93 Debt Service $93,365.63 Community Development $0.00 Capital Fund $4,150.00 $712,231.51 GRAND TOTAL: $789,456.82 DELANO #4 A BOND RESOLUTION, DATED JUNE 24, 2019, OF THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF WILLIAMSVILLE, ERIE COUNTY, NEW YORK (THE “VILLAGE”), AUTHORIZING A SEWER SYSTEM CAPITAL IMPROVEMENTS PROJECT, AT AN ESTIMATED MAXIMUM COST OF $6,450,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,450,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE VILLAGE TREASURER. WHEREAS, the Village Board of Trustees of the Village of Williamsville, in the County of Erie, New York (the “Village”) desires to undertake a capital improvements project for the reconstruction of and construction of improvements to the Village Sewer System; and NOW THEREFORE, BE IT RESOLVED, by the Village Board of Trustees (by the favorable vote of not less than two-thirds of all the members of the Board of Trustees) as follows: SECTION 1. The Village is hereby authorized to undertake a certain sewer system capital improvements project consisting of the reconstruction of and construction of improvements to the Village sewer system, such work to include (but not be limited to) the slip lining of approximately 85,000 linear feet of sewer main and the replacement of approximately 2,000 linear feet of sewer pipe along various roads in the Village, as well as other improvements as more fully identified in (or contemplated by) a preliminary engineering report prepared by Wm. Schutt & Associates, P.C., including all preliminary work and necessary equipment, materials, and related site work and any preliminary costs and other improvements and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $6,450,000. SECTION 2. The Village Board of Trustees plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds of the Village in an aggregate principal amount not to exceed $6,450,000 hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county and/or local funds received including, but not limited to, any Water Quality Improvement Project grant funds received. Unless paid from other sources or charges, the cost of such improvements is to be paid by the levy and collection of taxes on all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  SECTION 3. It is hereby determined that the Purpose is a class of objects or purposes described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such Purpose is 40 years. SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds. SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years. SECTION 6. The faith and credit of the Village are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation will be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, there will annually be levied on all the taxable real property of the Village a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable. SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the Local Finance Law, the powers and duties of the Village Board of Trustees pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village. Without in any way limiting the scope of the foregoing delegation of powers, the Village Treasurer, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Village. SECTION 8. The temporary use of available funds of the Village, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution. The Village then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the earlier of (a) the date hereof or (b) the date of any earlier expression by the Village of its intent to reimburse such expenditures) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration (or reaffirmation) of the Village’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2. SECTION 9. The Village Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code. SECTION 10. The Village Treasurer is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. SECTION 11. The Village has complied with applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under SEQRA is necessary. SECTION 12. To the extent applicable, the Village Treasurer is hereby authorized to execute and deliver in the name and on behalf of the Village a project financing agreement prepared by the New York State Environmental Facilities Corporation (“EFC”) (the “SRF Project Financing Agreement”). To the extent applicable, the Village Treasurer and the Village Clerk and all other officers, employees and agents of the Village are hereby authorized and directed for and on behalf of the Village to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby, including, but not limited to, the SRF Project Financing Agreement. SECTION 13. In the absence or unavailability of the Village Treasurer, the Deputy Treasurer is hereby specifically authorized to exercise the powers delegated to the Village Treasurer in this resolution. SECTION 14. The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if: 1. (a) such obligations were authorized for an object or purpose for which the Village is not authorized to expend money, or (b) the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or 2. such obligations were authorized in violation of the provisions of the Constitution of New York. SECTION 15. This Resolution is subject to permissive referendum pursuant to Section 36.00 of the Local Finance Law. The Village Clerk is hereby authorized and directed to publish (one time) and post (in at least six conspicuous public places within the Village and at each polling place), this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten days after the date of adoption of this resolution.  SECTION 16. If no petitions are filed in the permissive referendum period, the Village Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in the Village and hereby designated as the official newspaper of the Village for such publication. ********** The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows: AYES: NOES: PIAZZA #1 WHEREAS, the Town of Amherst (“Town”) owns, operates and maintains a sanitary sewer collection and treatment system through a sanitary sewer district that covers most of the territory of the Town outside of the Village (“Town Sanitary Sewer System”); and WHEREAS, the Village owns, operates and maintains a sanitary sewer collection system within the Village (“Village Sanitary Sewer System”); and WHEREAS, all sanitary sewage collected by the Village Sanitary Sewer System is conveyed through Town’s sewer district and treated at a publicly owned treatment works owned and operated by the Town; and WHEREAS, in 2017, the County of Erie Shared Services Panel adopted a “Erie County-Wide Shared Services Plan” (“Shared Services Plan”) intended to identify possible cost-saving opportunities through the elimination of duplicative services, shared services, improved inter municipal coordination and consolidation of services; and WHEREAS, among the projects identified in the Shared Services Plan is the potential consolidation of the Town Sanitary Sewer System and the Village Sanitary Sewer System (“Sewer System Consolidation”); and WHEREAS, the Town Board and Village Board of Trustees have determined that it is the mutual best interests of both municipalities to further study the feasibility and implementation of the Sewer System Consolidation in a manner that will ensure the continued high level of service provided to residents in both the Town and the Village while reducing the overall cost of providing such services over the long term; and WHEREAS, the Town and Village have negotiated a Memorandum of Understanding (“MOU”) committing both parties to cooperate in studying the feasibility of implementing the Sewer System Consolidation, including the submission of joint application(s) for available grants to defray the cost of the Sewer System Consolidation; and WHEREAS, the Village, as an involved agency pursuant to the State Environmental Quality Review Act (“SEQRA”), has determined that the Sewer System Consolidation constitutes an “Unlisted Action” under SEQRA; has elected to review the Sewer System Consolidation through the “Uncoordinated Review” procedures available under SEQRA; and has prepared a Short Environmental Assessment Form (“EAF”) to evaluate the potential for any significant adverse environmental impacts that could result from the Sewer System Consolidation; NOW THEREFORE BE IT RESOLVED, that the Village Board hereby declares that the Sewer System Consolidation, if implemented, will not have any significant adverse environmental impacts and therefore adopts a Negative Declaration pursuant to SEQRA for the reasons set forth in Part 3 of the EAF (incorporated by reference herein); and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute, on behalf of the Village, the MOU between the Town and the Village outlining the parties’ joint and respective rights and obligations regarding the study of the Sewer System Consolidation, and to take such other acts as are necessary and advisable to effectuate the terms of the MOU; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to file, on behalf of the Village, an application for funds from the New York State Department of Environmental Conservation (“NYSDEC”) in accordance with the provisions of the Water Quality Improvement Project Program, and, upon approval of said application for funds to enter into and execute, on behalf of the Village, a Project Agreement with the State of New York and/or NYSDEC, as necessary and appropriate, for the receipt of such funds and the implementation of Sewer System Consolidation. PIAZZA #2 RESOLVED, that James Tammaro of 113 N. Long Street, Williamsville, is hereby appointed to the Historic Preservation Commission to fulfill the vacated position of Susan Palmer through the 2021-2022 official Village year. ETU #1 RESOLVED, that Benjamin Ansell, residing at 106 Milton St., Williamsville, is hereby appointed to the Parks Committee for the 2019-2020 official Village year. ETU #2 RESOLVED, that the proposal from Molly Vendura Landscape Architect dated April 12, 2019 for Landscape Architecture Services for Island and South Long Street Parks is hereby approved in the amount of $9,600.00. ETU #3 RESOLVED, that Matthew Scherry, residing at 85 Milton St., Williamsville, is hereby appointed to the Traffic & Safety Committee for the 2019-2020 official Village year. ETU #4 WHEREAS, the Village Board of the Village of Williamsville desires to provide safe, accessible and well maintained park facilities and trails for recreational use throughout the Village of Williamsville; and WHEREAS, the extension of the Lehigh Memory Trail to the sidewalk and the relocation of the existing parking lot is instrumental to the Trail’s safe pedestrian access from surrounding neighborhoods so that the trail does not terminate in a parking lot; and WHEREAS, The Village has recently acquired the property located at 96 S. Long Street which is adjacent to the Lehigh Memory Trail where a parking lot may be relocated; WHEREAS, The historic Lehigh Valley Williamsville Depot (“Depot”) is an important asset to the community, and an historic Lehigh Valley steam engine “(Steam Engine”) is available for acquisition; and WHEREAS, The Village is seeking improvements to be made to the greater South Long Park and Depot area, as reflected in the Community Plan; and WHEREAS, the Village has developed a conceptual plan and design for the above described improvements collectively known as the Lehigh Trail Extention Project (“Project”); and  WHEREAS, contingent upon the receipt of grant funding from the State of New York for the Project, the Village Board is committed to providing the required local matching funds to insure the timely implementation of the Project; and WHEREAS, the Village and the Town of Amherst (“Town”) have reached an agreement in principle that, if the Village is awarded a grant for the Project, the Town has agreed to contribute $50,000.00 towards the Project for the purchase of the Steam Engine, which agreement has been memorialized in a Memorandum of Understanding (“MOU”); and WHEREAS, the Village, as the agency principally responsible for undertaking the Project, has prepared a Short Environmental Assessment Form (“EAF”) and fully considered the potential for the Project to result in any significant adverse environmental impact as required by the State Environmental Quality Review Act (“SEQRA”); NOW THEREFORE BE IT RESOLVED that the Village Board hereby declares that the Project, if implemented, will not have any significant adverse environmental impacts and therefore adopts a Negative Declaration pursuant to SEQRA for the reasons set forth in Part 3 of the EAF (incorporated by reference herein); and BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to file, on behalf of the Village, an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of the Environmental Protection Fund program, and, upon approval of said application for funds to enter into and execute, on behalf of the Village, a project agreement with the State for such financial assistance to the Village for the Project; and BE IT FURTHER RESOLVED, that the Mayor is authorized and directed to execute the MOU negotiated between the Village and the Town outlining the parties’ respective obligations in connection with the Project. ROGERS #1 RESOLVED, that Stephen Guerra, residing at 240 Oakgrove Dr., Williamsville, is hereby appointed to the Parks Committee for the 2019-2020 official Village year. ROGERS #2 RESOLVED, that Amy Alexander, residing at 153 Mill Street, Williamsville, is hereby appointed as an Alternate to the Planning Board for the 2019 – 2020 official Village year. ROGERS #3 RESOLVED, that the proposed amendment to Chapter 112 Zoning of the Village Code regarding Chickens in the Village, is hereby approved as Local Law 5 of 2019.