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City Council

Regular Meeting

Williamsville, NY · March 28, 2022

Agenda

Agenda

Village of Williamsville Village Board Meeting Agenda 5565 Main Street, Williamsville, New York March 28, 2022 at 7:30pm I. Call to Order Pledge of Allegiance Roll Call II. Proclamation(s) III. Approval of Minutes Regular Meeting March 14, 2022 I V. Public Hearing(s) V. Suspension of Rules for Public Participation VI. Village Board A. Mayor Rogers - Report and Resolution(s) 1.) Authorize 2021-2022 General Fund Budget Transfers 2.) Authorize 2021-2022 Sewer Fund Budget Transfers 3.) Authorize 2021-2022 Glen Park Fund Budget Transfers 4.) Authorize 2021-2022 Glen Park Fund Budget Amendment 5.) Authorize Payroll and Vouchers from 2/28/2022 to 3/22/2022 B. Deputy Mayor Sherman - Report and Resolution(s) C. Trustee Hunt– Report and Resolution(s) 1.) To appoint new member to the Arts, Culture and Diversity Committee 2.) To Authorize the Mayor to sign the 2022 CLG Grant application D. Trustee Torre – Report and Resolution(s) E. Trustee Carson– Report and Resolution(s) 1.) Adopt Local Law #1 of 2022 to amend Chapter 112 (Zoning) to harmonize existing provisions establishing durational limits for land use approvals 2.) To authorize the Administrator to advertise for a public hearing on a proposed local law reducing the number of Planning Board members 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 7/6/2021 1 Meetings Schedule (NOTE: Dates/times are subject to change. Please call the Village Village Board Liaisons (Updated 7/6/21) Clerk’s office at 632-4120 for the most up to date information) MAYOR ROGERS: DPW, Personnel, Insurance, Amherst Police Dept., 1st Mon. – Planning Board meeting at 7:30pm Executive Safety Committee, Records Management Committee, Fire Dept. 2nd Mon. – Village Board Work Session at 6:00pm/Meeting at 7:30pm 3rd Mon. – Environmental Advisory Council at 7:00pm DEPUTY MAYOR SHERMAN: Meeting House Committee, 4th Mon. – Village Board Work Session at 6:00pm/Meeting at 7:30pm Williamsville Business Association, Tree Board, Youth & Rec 1st Tues. – Glen Park Joint Board – Meets at Town Hall at 7:00pm 2nd Tues. – Beautification Committee at 6:30pm (Ad Hoc) TRUSTEE TORRE: Glen Park Joint Board, Traffic & Safety, 3rd Tues. - Mtg House Events Comm at 6:30pm (Mtg House) Environmental Advisory Council, Waterfront Advisory Committee 3rd Tues. – Parks Committee at 7:15pm 3rd Tues. – Tree Board at 6:30pm TRUSTEE HUNT: Erie County Energy, Inter-Governmental Agency, 4th Tues. – Historic Preservation Commission at 7:00pm Glen Park Art Festival Committee, Arts & Culture Committee 4th Tues. – Youth & Recreation Committee at 7:00pm in Aud Beautification Committee, Historic Preservation Commission 3rd Wed. – Zoning Board at 7:00pm in Aud 4th Wed. – Village Co-op at 5:30pm in Aud TRUSTEE CARSON: Planning & Architectural Review Board, 1st Thur. – Traffic & Safety Committee at 6:30pm Parks Committee, Zoning Board of Appeals 2nd Thur. - Arts & Culture Committee at 7:00pm Meetings & Events All meetings are at Village Hall unless otherwise noted. (NOTE: Dates/times are subject to change. Please call the Village Clerk’s office at 632-4120 for the most up to date information) March 2022 28 Village Board Work Session at 6:00pm 28 Village Board regular meeting at 7:30pm April 2022 4 Planning Board meeting at 7:30 (work session at 7:00pm) 6 Glen Park Joint Board meeting at 7:00pm 7 Traffic & Safety Committee meeting at 7:00pm 11 Village Board Work Session at 6:00pm 11 Village Board regular meeting at 7:30pm 12 Beautification Committee meeting at 6:30pm 14 Arts & Culture meeting at 7:00pm 18 Environmental Committee meeting at 7:00pm 19 Tree Board Committee meeting at 6:30pm 19 Parks Committee meeting at 7:15 Visit the Village website at 19 Mtg House Events Committee at 7:30pm (at Mtg House) www.walkablewilliamsville.com 20 Zoning Board Committee meeting at 7:00pm For Village information, news & events. 25 Village Board Work Session at 6:00pm Follow us on www.Facebook.com/williamsville 25 Village Board regular meeting at 7:30pm 26 HPC Committee meeting at 7:00pm 26 Youth & Rec Committee meeting at 7:00pm 27 Village Co-op at 5:30 May 2022 2 Planning Board meeting at 7:30 (work session at 7:00pm) 3 Glen Park Joint Board meeting at 7:00pm 4 Glen Park Art Festival meeting 5 Traffic & Safety Committee meeting at 7:00pm 9 Village Board Work Session at 6:00pm 9 Village Board regular meeting at 7:30pm 10 Beautification Committee meeting at 6:30pm 12 Arts & Culture meeting at 7:00pm 16 Environmental Committee meeting at 7:00pm 17 Tree Board Committee meeting at 6:30pm 17 Parks Committee meeting at 7:15 17 Mtg House Events Committee at 7:30pm (at Mtg House) 18 Zoning Board Committee meeting at 7:00pm 23 Village Board Work Session at 6:00pm 23 Village Board regular meeting at 7:30pm 24 HPC Committee meeting at 7:00pm 2 ROGERS #1 RESOLVED, that the following budget transfers are hereby made in the General Fund for the 2021- 2022 fiscal year. To: 001-1410-2010-0000 (Village Clerk/Computer Software) $ 51.00 From: 001-1410-4010-0000 (Village Clerk/Office Supplies) $ 51.00 To: 001-1620-4070-0000 (Buildings/Utilities) $ 271.00 001-1620-4110-0000 (Buildings/Service Contracts) $ 57.00 From: 001-1620-4160-0000 (Buildings/Building Repairs) $ 328.00 To: 001-1640-4160-0000 (Central Garage/Bldg Repairs/Maintenance) $ 241.00 001-1640-4260-0000 (Central Garage/Maintenance Supplies) $ 592.00 001-1640-4450-0000 (Central Garage/Miscellaneous) $ 37.00 From: 001-1640-4161-0000 (Central Garage/Small Equipment Repairs) $ 870.00 To: 001-3410-2050-0000 (Fire Protection/Turnout Gear) $ 225.00 From: 001-3410-2030-0000 (Fire Protection/Radio Equipment) $ 225.00 To: 001-3410-4160-3409 (Fire Protection/Truck Expense-Chiefs 9 Truck)$ 81.00 From: 001-3410-4160-0000 (Fire Protection/Truck Expense) $ 81.00 To: 001-5010-4050-0000 (Street Admin./Drug & Alcohol Testing) $ 100.00 From: 001-5010-4040-0000 (Street Admin./Education Expense & Travel $ 100.00 To: 001-5110-4161-0900 (Street Maint./Repairs 2013 Nissan Leaf) $ 101.00 001-5110-4161-0901 (Street Maint./Repairs 2020 Chevy Tahoe) $ 82.00 001-5110-4161-0903 (Street Maint./Repairs 2015 Dump Truck) $ 122.00 001-5110-4161-0904 (Street Maint./Repairs 2005 Freightliner) $ 56.00 001-5110-4161-0907 (Street Maint./Repairs 1992 Auto Car Dump w/Plow Frame)$ 96.00 001-5110-4161-0908 (Street Maint./Repairs 2011 Chevy Silverado 350 HD)$ 296.00 001-5110-4161-0918 (Street Maint./Repairs 2010 Ford F350XL Pickup)$ 30.00 From: 001-5110-4161-0000 (Street Maint./Repairs – Equipment) $ 783.00 To: 001-5142-4161-0000 (Snow Removal/Repairs-Plows) $ 28.00 From: 001-5142-4000-0000 (Snow Removal/Reparis-Plow Trucks) $ 28.00 To: 001-7550-4450-0000 (Celebrations/Miscellaneous) $ 48.00 From: 001-7550-4400-0000 (Celebrations/Holiday Decorations) $ 48.00 ROGERS #2 RESOLVED, that the following budget transfers are hereby made in the Sewer Fund for the 2021- 2022 fiscal year. To: 007-8120-4070-0000 (Sanitary Sewers/Utilities) $ 146.00 From: 007-8120-4161-0000 (Sanitary Sewers/Repairs-Lines) $ 146.00 ROGERS #3 RESOLVED, that the following budget transfers are hereby made in the Glen Park Fund for the 2021-2022 fiscal year. To: 009-7141-4109-0000 (Glen Park/Insurance) $ 382.00 009-7141-4352-0000 (Glen Park/Park Maintenance) $ 70.00 From: 009-7141-4102-0000 (Glen Park/Landscaping) $ 452.00 ROGERS #4 RESOLVED, that the following budget amendment are hereby made in the Glen Park Fund for the 2021-2022 fiscal year, to account for over budgeted revenue and expense for paver purchases. Increase: 009-0009-3773-0000 (Memorial Pavers/Benches/Trees) $ 230.00 Increase: 009-7141-4490-0000 (Memorial Pavers/Benches/Trees) $ 230.00 ROGERS #5 RESOLVED, that payroll and vouchers in the amount of $95,196.03 covering the period from 2/28/2022 – 3/22/2022 are hereby approved as follows: PAYROLL COVERING - 2/28/2022-3/13/2022 $ 41,912.38 VOUCHERS COVERING- 3/9/2022-3/22/2022 GENERAL FUND- $ 34,556.13 WATER FUND- $ 0.00 SEWER FUND- $ 4,495.32 GLEN PARK FUND- $ 300.00 TRUST & AGENCY FUND- $ 11,820.20 DEBT SERVICE- $ 0.00 COMMUNITY DEVELOPMENT- $ 0.00 CAPITAL FUND- $ 2,112.00 $ 53,283.65 GRAND TOTAL: $ 95,196.03 HUNT #1 RESOLVED that Patrice Hannotte of 359 North Ellicott Street, Williamsville is hereby appointed as a member to the Arts, Culture and Diversity Committee until the end of the 2021-2022 Official Village year. HUNT #2 RESOLVED, that the Mayor is authorized and directed to sign the 2022 Certified Local Government Grant Application for Residential Design Guidelines; and BE IT FURTHER RESOLVED that the Village of Williamsville acknowledges it is responsible for a match of 40%, to be made up of cash, in-kind services, or a combination of both. CARSON #1 RESOLVED, to adopt Local Law #1 of 2022 to amend Chapter 112 (Zoning) to amend and harmonize existing provisions establishing durational limits for land use approvals for the Village of Williamsville. CARSON #2 RESOLVED, that the Village Clerk is hereby authorized and instructed to publish notice of a public hearing to be held on Monday, April 11, 2022 at 7:30 pm for the purpose of hearing all persons interested in a proposed local law reducing the number of Planning Board members from 7 to 5 of the Village Code. | | Work Session Agenda 6 p.m. Monday, March 28, 2022 I. Guests  Lauren Schellinger and Carrie Duquin, co-chairpersons of the Parks Committee, to provide updates of parks plans.  Wendy Salvati, project manager of the village’s Local Waterfront Revitalization Project (LWRP), to present overview of project and its current status.  Rhonda Frederick, president and CEO of People Inc., and Sean Hopkins, attorney, to discuss updated plans for a Payment in Lieu of Taxes (PILOT) regarding 135 Evans St.  Tim Masters, village code enforcement officer, to provide Building Department updates. II. Correspondence III. Grants Updates IV. Agenda Review V. Village Board Reports & Liaison Reports (if applicable)  Mayor Deb Rogers 1.) Music on Main – rate to use the Meeting House, request to waive barricade and amplification fees 2.) State of the Village address 3.) Possible easement with South Cayuga Road property owner  Old Business 1.) Los Robles Street & Natale Development easement 2.) Parks murals 3.) Evans Street corridor traffic study update  Deputy Mayor David F. Sherman 1.) Meeting House’s conditions report from the Building Department  Old Business 1.) Youth bicycle parade and safety event at Lehigh Memory Trail  Trustee Matt Carson  1.) Local law to amend provisions governing lapses of authorization of land use approvals  Old Business 1.) Signs at South Long Park regarding Lehigh Memory Trail  Trustee Christine L. Hunt  Old Business 1.) Garden Walk 2022 2.) Amherst Symphony Orchestra funding 3.) Arts and Culture Committee updates  Trustee Eileen Torre  Old Business 1.) Noll Nature Pavilion rentals, rules 2.) Section House updates 3.) Village’s Earth Day/Arbor Day event (10 a.m. to 1 p.m. Saturday, June 4) 4.) Glen Park Joint Board updates VI. Department Head Reports  Village Attorney Charles Grieco  Administrator Judy Kindron   DPW Crew Chief Ben Vilonen  1.) Village Hall building conditions report   Director of Community Development Keaton DePriest DePriest, Keaton From: Torre, Eileen A. Sent: Thursday, March 24, 2022 11:37 AM To: DePriest, Keaton; Kindron, Judy Subject: Fw: Traffic & Safety Inquiry -- Stop Sign at End of Milton Street Hi Judy and Keaton, I will be reading this forwarded correspondence during our next work session scheduled for Monday, March 28, 2022. Thanks Eileen A. Torre Trustee Village of Williamsville From: Abrams, Eloise <eabrams1@ecmc.edu> Sent: Wednesday, March 16, 2022 10:15 AM To: Torre, Eileen A. Cc: elledulski@yahoo.com Subject: Traffic & Safety Inquiry -- Stop Sign at End of Milton Street CAUTION: This email originated from outside of the organization. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Eileen, When I search the village site, you are listed as the liaison for the traffic committee. We live at 130 Milton Street, two houses from what I would say used to be a dead end. I say that because the new residents in the Natale development are being allowed to use what we were told was a fire gate entrance/exit as a regular thoroughfare to come & go from their homes. There is no stop sign for them exiting, and cars are coming in both directions around a blind corner. There have been many near accidents from what we have seen, and many close calls with pedestrians crossing the driveway coming to & from South Long Park. It is a heavily walked area due to the proximity of the park & Lehigh Trail. I am not sure who to go to about the concern of adding a stop sign coming from the Natale property through that driveway at the end of Milton Street adjacent to 136 Milton, especially at a street that is clearly marked “dead end” when it is not anymore! I appreciate your time in reading this and hope you can guide me in the right direction. Thank you, Elle Abrams 1 Village Of Williamsville Building Department Phone: 716-632-7747 5565 Main Street Fax: 716-626-4964 Williamsville NY, 14221 www.walkablewilliamsville.com October 1, 2021 To: Village Board 5565 Main St. Williamsville NY, 14221 RE: Meeting House Museum Evaluation Dear Village Board: On March 21, 2022, an inspection was conducted at the Village Meeting House located at 5658 Main St. The purpose of the inspection was to evaluate the building and spaces, as well as the upstairs museum area relating to public safety. While certain items are allowed to remain as is, regarding code violations, I would like to make you aware of the areas where we are out of compliance with today’s standards as that may create liability issues regarding public access. My findings are as follows: 1. Trap Door located in the stage should no longer be accessed. The door has no safety features to keep it from falling or closing on the operator. We should especially limit the use of this door for potential renters as the stairway to the basement is non-compliant as well. – Recommend fastening it permanently shut. 2. Door to the upstairs space sticks at the top and needs to open freely as it is the only means of egress from the second floor. It took more than a typical amount of force to open the door and it is a safety hazard. 3. Head room clearance on the stairway is currently 6’5” where 80” is required per 1011.3 of the IBC. 4. Doorway width is 29” where 32” minimum is required per section 1010.1.1 of the IBC. 5. Stair treads have a 12” rise and 14” run where a 7” rise and 11” run are required per 1011.5.2 of the IBC. 6. Handrails are currently non-compliant with several sections but mostly 1014.6 of the IBC. 7. Barrier requirements are not met by the stairs, as well as at the balcony when the windows are opened. Windows currently have no safety mechanism to prevent opening, and should not be opened when the public is present in the space unless an approved barrier at a minimum height of 42” is installed per 1015.3 of the IBC. 8. Emergency lighting should illuminate the exit stairway per 1008.1 of the IBC. 9. Occupant load is based on a factor of 30 net. Based on the available floor space of approximately 400 sq. ft. the max occupancy is 13 for the space upstairs. Please note that as stated above, the use is currently legal, however, the areas I have mentioned are out of compliance with today’s standards and may pose a liability issue for the Village. That being said, please be aware that items 1, 2, 6, 7 and 8 should be addressed by the Village immediately should you want to continue to allow public access to the second floor. Please let me know if you have any questions. Thank You Timothy J. Masters Code Enforcement Officer February 1, 2022 Ben Vilonen, DPW Crew Chief Village of Williamsville 5565 Main Street Williamsville, New York 14221 Re: Village of Williamsville Village Hall Building Conditions Report and Space Planning Dear Ben, Flynn Battaglia Architects is very pleased to submit the following proposal to provide professional services for the Village of Williamsville to evaluate Village Hall. We value our long- term working relationship with the Village of Williamsville and appreciate that you thought of us for this work. Our understanding is that the Village is seeking to make a series of improvements to Village Hall and in order to set the stage for those improvements, the Village would first like to undertake a Building Conditions Report and First Floor Space Planning Study. Following these reports, a renovation of the first floor toilet rooms is anticipated to be the first construction project. This proposal outlines the work scope and professional fee for the preliminary evaluation phase. The below scope and fees do not include the services of a structural engineer, as we do not believe it will likely be necessary for this project. If any unusual structural conditions or deterioration are observed during the development of the Building Conditions Report or are determined to be needed for the design, we will solicit a fee from a trusted structural engineer and solicit your approval before engaging them for assistance. Scope of Services We propose the following scope of services for your project. Hazardous Material Survey and Report (Estimated Fee $6,785) : We believe completion of a full hazardous material survey and report for the building is an essential first assessment item to complete. We have solicited a proposal for the work, to be undertaken by Stohl Environmental concurrently with the Building Conditions Report work described below. A full report will be an invaluable resource for the Village moving forward. The report will include information on asbestos- containing materials, lead-based paint, and polychlorinated biphenyls (PCBs). Building Conditions Report and Base Drawings (Fee $16,075) : 1. FBA and MEP/FP consultant Buffalo Engineering will conduct a field survey of the building including the Fire Department on the lower level and the Hutchinson Hose Company wing. We will review the existing drawings to understand the systems and expected Flynn Battaglia Architects, DPC ● 617 Main Street, Suite S401 ● Buffalo, NY 14203-1400 ● 716.854.2424 ● www.flynnbattaglia.com conditions and then evaluate the building to understand and document the current actual physical conditions of the building and systems. 2. FBA will create CAD base drawings based on the field measurements and the Owner- provided existing drawings. 3. FBA will undertake a building code analysis as part of this assessment. 4. Based on the conditions observed, FBA and Buffalo Engineering will prepare a Building Conditions Report with a list of recommended building repairs and upgrades, including relative priority with order of magnitude cost estimates. First Floor Space Planning Study (Fee $6,125) : 1. FBA will meet with building occupants as designated by the Village of Williamsville to establish goals for the usage, layout and flow of the first floor space, excluding the fire department wing. 2. FBA will then develop a concept level design recommendation and meet with the Village to review the design and incorporate any Village comments. 3. Finally, the design recommendations will be presented to the Village as attachments to a short letter report describing the planning process and conclusions. Future Scope of Services (not included in this proposal) Following the above assessment steps, based on the results of these completed reports, we will work with you to develop a scope for the renovation work of the first floor toilet rooms in the Village Hall. Once the scope is clarified, we will be able to more accurately determine the services required by FBA and our consultants to complete the renovation work. As such, we will provide you with a fee for our services at that time. We look forward to the opportunity to assist you with the design and construction of the toilet room renovations. Proposed Schedule Our team is ready to begin these services as early as February 15th, 2022. Returning a signed copy of this letter to our office will signify your acceptance of this proposal and authorization to proceed. We expect the Hazardous Material Survey and Building Conditions Report (including base drawings) to take approximately six to eight weeks from the time of approval to proceed. Pending all party’s availability to meet and review, the First Floor Space Planning Study will take approximately four to six weeks. Professional Fee The total fixed fee is $22,200 + cost of haz mat survey and reimbursables. The base fee includes the services of both FBA and the MEP/FP engineer. The hazardous materials survey is separate, as broken out below. The cost of the hazardous materials survey is an estimate; the actual cost will be determined by the number of samples that must be taken to fully document the building materials. The fee includes the following elements: Base fee elements: Building Conditions Report and Base Drawings $16,075 First Floor Space Planning Study $ 6,125 Total FBA Fixed Fee $22,200 Reimbursable elements: Hazardous Materials Survey est. $ 6,785 Incidental Reimbursables (printing) approx. $ 300 Approximate total cost: $29,285 Our fee is based on the following hourly rates: • Principal $175/hour • Senior Architect $150/hour • Architect $100/hour • Architectural Technician $75/hour Additional services will be billed at these rates. We will seek the authorization of the Village before incurring any costs for Additional services. The fees will be billed at the end of each month reflecting the work completed during that month. All bills are due upon receipt and are subject to a late charge of 1% per month if unpaid after 14 days. Please signify your acceptance of this proposal by signing this letter and returning a copy to our office. We will consider your signature as our authorization to proceed. Thank you for your continued interest in our firm and for this opportunity to be of service. Sincerely, LaLuce Mitchell, RA, LEEDAP Project Architect Agreed upon by: _________________________________________ Date______________________ for the Village of Williamsville _________________________________________ Date______________________ for Flynn Battaglia Architects, D.P.C. DePriest, Keaton From: Rogers, Deborah Sent: Friday, March 25, 2022 4:08 PM To: DePriest, Keaton Subject: Fwd: Issue for upcoming Village board meeting Please add under correspondence to the village board. Deborah L. Rogers Mayor - Village of Williamsville 5565 Main Street Williamsville, NY 14221 716-632-4120 x3006 drogers@village.williamsville.ny.us Begin forwarded message: From: Shelley Kimelberg <shelley@kimelberg.org> Date: March 25, 2022 at 4:05:40 PM EDT To: "Sherman, David" <dsherman@village.williamsville.ny.us>, "Torre, Eileen A." <etorre@village.williamsville.ny.us>, "Hunt, Christine" <chunt@village.williamsville.ny.us>, "Carson, Matthew" <mcarson@village.williamsville.ny.us>, "Rogers, Deborah" <drogers@village.williamsville.ny.us> Cc: Shelley Kimelberg <shelley@kimelberg.org> Subject: Issue for upcoming Village board meeting CAUTION: This email originated from outside of the organization. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Rogers and Trustees Sherman, Torre, Hunt, and Carson - I hope this message finds you all doing well. I live on S. Cayuga Road in the Village. I recently learned that the Village Board is considering taking legal action against my neighbors at 136 S. Cayuga Rd in an effort to undertake more work on their property to address what it says are problems with flooding on our street. This was puzzling to those of us who live in the area, as the drainage issue - which had, indeed, been a serious problem for the nearly 10 years that we have lived in our house - has been completely nonexistent in the last year, ever since the Village dug up our neighbors' yard to install new pipes. In the months since those repairs, my husband and I have remarked frequently on the lack of water pooling in the street. There has, quite simply, been none -- a marked and welcome change from previous years. 1 As a resident, I would much rather that the time, effort, and tax dollars that would need to be devoted to taking legal action against Village residents instead be put toward a more expeditious resolution for an actual, immediate, and pressing problem that will negatively impact not only those on my street, but also many residents and non-residents who visit Island Park: the decision to suspend use of the Ellicott Creek dam. I ask that the Board please vote against any motion to take legal action against the residents of 136 S. Cayuga Road. Thank you for your time. Sincerely, Shelley Kimelberg 114 S Cayuga Road 2

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