VILLAGE OF AURORA BOARD OF TRUSTEES

MINUTES OF THE PUBLIC HEARING

JANUARY 17, 2007

The Public Hearing of the Board of Trustees of the Village of Aurora, New York was called to order in the Firehouse Meeting Room at 7:05 PM on January 17, 2007 with Mayor Gunderson presiding.

PRESENT:  Mayor Tom Gunderson, Trustees Jim Chase, Janet Murphy, and Ken Zabriskie.  ABSENT: Trustee George Farenthold.

ALSO PRESENT: CPP Chair, Avery Ayers, ZBA Chair, Bonnie Bennett, David Brooks, Debbie Brooks, Karen Hindenlang, Laura Holland, Planning Board Member, Ken Kabelac, Alan Ominsky, Crawford Thoburn and Village Clerk, Nancy Yann.

Mayor Gunderson opened the meeting by asking if he needed to read the two proposed local laws:  1) Local Law 2007-1 is an enabling law to allow the Village’s Code Enforcement Officer to enforce the State Building and Fire Code, the State Emergency Conservation Code, and the State Property Maintenance Code and 2) Local Law 2007-2 is a law which establishes a procedure for the Code Enforcement Officer to regulate and abate unsafe, abandoned, and dilapidated building.  Most attending the meeting have had a chance to look at the two proposed laws, therefore, they were not read aloud.

Mayor Gunderson stated that there would be no vote on these laws due to the absence of Village Attorney, Andrew Fusco.  In addition, Doug Staley, Building Inspector will not be present at tonight’s meeting.

Local Law 2007-1 is an enabling law to allow the Village’s Code Enforcement Officer to enforce the State Building and Fire Code, the State Emergency Conservation Code, and the State Property Maintenance Code. 

Ms. Holland asked how this law differed from others.  Mayor Gunderson said that there was more authority given to the Code Enforcement Officer.  Trustee Zabriskie stated that these laws were mandated by New York State.  The Village must enforce the laws.

Ms. Bennett, Chair of the Zoning Board of Appeals asked “How much conflict is there with the existing Local Law No. 1 of 2002”.

Ms. Hindenlang stated that she had “googled” to bring up the New York State Laws, but could find nothing.  Who wrote these laws and could they be changed to meet our village needs?

Ms. Bennett asked about the definition of the word “abandonment”.

Mr. Thoburn asked about continuing with the two signatures on paperwork.  The proposed laws do not state that anyone other than the Zoning Officer/Building Inspector would sign.  Mr. Thoburn also raised the question of “abandoned” buildings.

Mr. Ayers added as written, there is nothing referring to our local boards (i.e., CPP, PB).

Trustee Zabriskie, Mr. Ayers and Mr. Thoburn were all concerned with Section 3. and Section 4 of the proposed local law no. 1 of 2007.  Ms. Hindenlang asked about the oversight of the Building Inspector.

Now we will be discussing both laws, as they seem to run in together.

Ms. Hindenlang stated that she had “googled” other municipalities regarding the Unsafe Buildings Law.  She found that other municipalities use a Code Administrator and a Code Inspector.  Trustee Murphy stated that the Building Inspector is overseeing himself and that the Village Attorney should be consulted.

Ms. Brooks asked about the fees and how they could be regulated.  Trustee Zabriskie stated that the Village Board approved and can regulate fees at their “Annual Meeting” in April.

Chairs Bennett and Ayers, and the Clerk asked why the Village was not allowed to charge the current $5.00 application fee for the zoning permit.  No one had an answer.

Mr. Kabelac noted frustration with forms, as a form had been developed by the former Chair of the Planning Board, Nancy Gil and the Clerk, trying to make the process easier for the applicant.  Mr. Staley now has numerous forms, some of which are difficult to understand without a degree in architectural design.  The current forms are not user friendly.

Trustee Zabriskie commented that no contractors would work with so many fees attached.

Mayor Gunderson felt that these two laws were written for municipalities that had no laws in place.

Ms. Bennett asked how a person would know if they needed to acquire an architectural/engineer stamp.  Mr. Ominsky noted that he was required by Mr. Staley to have this stamp prior to having work done on the rear porch of his home even though it was under the square footage sighted in the NYS Code.  He was clearly upset that he had to go to the expense of this service, as it was not needed.  Trustee Zabriskie and Mr. Ayers readdressed Section 4, more specifically 4(d) and (e). 

A discussion on paperwork filing was discussed.  It was not clear if the Village was to get copies or reports to be sent to the State.  The Board felt strongly that a copy of all records should be kept in the Village Office.

It was discussed that if a project was too large for the Code Enforcement Officer to inspect, such as the Wells College new Science Building, who would do the work.  Mayor Gunderson stated that Mr. Staley, in this circumstance would hire a qualified engineer.

A discussion was had regarding wood and pellet stoves.  The Clerk asked how this could be controlled as people can install a woodstove and no one would know unless there is a problem or a complaint.

Ms. Hindenlang asked about abandoned buildings.  What constitutes an abandoned building and what is the timeframe.  Mr. Ayers felt that the wording was too strong since we live in a historic district.

Trustee Zabriskie thanked Ms. Hindenlang for the information and hard work she did on preparing the Board for tonight’s meeting.

Once again, Mr. Thoburn asked to Board to seriously consider the definitions and wording of this local law.  Trustee Zabriskie felt that before a demolition permit could be issued by Mr. Staley regarding an “abandoned” building, the Village Board would need to be consulted as well as the Planning Board and Community Preservation Panel.

Ms. Bennett asked if another work session would take place on “rewriting” these local laws and another Public Hearing held.  Mr. Thoburn asked if the Board would like to read his suggestions.  Mr. Thoburn gave Mayor Gunderson a copy. 

Ms. Brooks asked once again where reports and documents would be filed.  Trustee Zabriskie stated that a copy of all records would be kept in the Village Office.

It was discussed that the Village Zoning Law and the State Code Laws were two different issues, not to be confused.  Mr. Staley must follow the State Mandated Code Laws.  The Village Zoning Law still has a place within the Code.  There are still a lot of questions that have not yet been answered.

Mayor Gunderson thanked Ms. Hindenlang for taking the time to do the necessary research for these local laws.

With no further comments, the Public Hearing was closed at 8:05 PM.

Respectfully submitted,

Nancy M. Yann

Village Clerk