Village Board agenda — July 6, 2026 (full text)
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AGENDA
Village Board of East Aurora
July 6, 2026, Regular Meeting at 7 pm
1. CALL MEETING TO ORDER
A. Pledge of Allegiance
B. Roll Call
2. PUBLIC HEARINGS
3. SPEAKERS & COMMUNICATIONS – Agenda items only
4. CONSENT CONSIDERATIONS
A. Approval of Minutes of Village Board Meeting for June 15, 2026
B. Approval of Payment for May 30, 2026 Abstract 2025/2026 fiscal year for a total of $20,813.43.
C. Approval of Payment for July 6, 2026 Abstract 2026/2027 fiscal year for a total of $310,338.90.
D. Approve a Temporary Use Permit for Donald Stucke Tin Can Tourists, Toy Town Vintage Camper Rally, August 8, 11am – 3pm.
E. Approve a Temporary Use Permit for Ben Holmes of Wallenwein’s, Foundation Fundraiser, August 1, 5-9 pm.
F. Approve a Temporary Use Permit for the GDAC Fundraiser at the Roycroft, July 6, 8-11 pm, for a World Cup Watch Party
G. Approve a Hamlin Park Temporary Use permit for Edward Jones on August 19, 2026 5 PM-8 PM to use the Kawanis shelter
(There is no alcohol in the park, and the playground will remain open to the public)
H. Permission for the mayor or his designee to sign the General Insurance renewal with Trident through Gallagher
I. Adopt the Village Cell phone policy, Credit card purchasing policy, Employee handbook, Purchasing Policy, and Rules of
Procedure for Village Board meetings
J. Approve budget modifications for the 2026/2027 Fiscal Year
K. Approve the Demo/Substantial Modification to the residence at 120 Elmwood Ave., Paul DellaNeve
L. Approve the Demo/Substantial Modification to the residence at 810 Main Street, Brian Fischer
M. Permission to advertise for the Police Vehicle Bids
N. Set a public hearing on July 20, 2026, to review the Cable Franchise Agreement
O. Accept the following as members of the East Aurora Fire Department: Jake Piersa, Hunter Clothier, and William Chudy
P. Permission for the mayor or his designee to sign for the purchase of a 2026 Chevy Silverado from Basil Chevrolet from Erie
County Bid number 20059-004 $63,352.
Q. Permission for the mayor to sign a permit with Erie County DPW to install an all-way stop at the corner of Center and South
Street
5. OFFICIAL CONSIDERATIONS
A. Approval of a Determination of Non-Significance pursuant to the State Environmental Quality Review Act in the matter of the
rezoning of 270 Quaker Road by Young Development (260 Quaker Rd LLC).
B. Approve the rezone of 270 Quaker Road by Young Development (260 Quaker Rd LLC).
C. Approval of a Determination of Non-Significance pursuant to the State Environmental Quality Review Act in the matter of the
minor subdivision of 270 Quaker Road by Young Development (260 Quaker Rd LLC).
D. Approve a minor subdivision of 270 Quaker Road by Young Development (260 Quaker Rd LLC).
6. OLD BUSINESS
7. NEW BUSINESS
8. SPEAKERS & COMMUNICATIONS (II)
9. DEPARTMENT HEAD REPORT
10. ADJOURNMENT
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VILLAGE OF EAST AURORA
VILLAGE BOARD MEETING
June 15, 2026 – 7:00 PM
Present:
Trustee Lazickas
Trustee Cameron
Trustee Bojanowski
Trustee Kamp
Trustee Viger – after appointment
Trustee Root
Mayor Wochensky
Also Present:
Maureen Jerackas, Clerk-Treasurer
Liz Cassidy, Code Enforcement Officer
Jeff Stoll, General Foreman
Patrick Welch, Police Chief
48 Members of the public
A motion by Trustee Cameron, to approve the resignation of Jeff Rabey, Village Trustee, effective June 2, 2026,
seconded by Trustee Bojanowski and unanimously approved.
I, Mayor Wochensky, appoint Grace Viger to the position of Village Trustee for a term to expire April 5, 2027.
A motion by Trustee Cameron, to appoint Tyler Baker to the position of police officer, at step one of the CBA,
$28.57 per hour, effective Saturday, June 20, 2026, seconded by Trustee Viger and unanimously approved
PUBLIC HEARINGS
• Mayor Wochensky opened the Public Hearing at 7:10 pm to consider a Rezone and Minor Subdivision
application by Young Development (260 Quaker Rd LLC) for 270 Quaker Road
o The applicants reviewed their presentation and noted that the plan was originally for seniors and
non-seniors. It is now just senior housing based on public input. The Village Board said that they
are OK with it being seniors-only with no market rate. Mayor Wochensky thanked the Planning
Board and residents who spent time reviewing the plan.
o Marge Cotter- EA Resident- She said that she would like to downsize but stay in the Village and
would like senior housing.
o Polly Gallenauck- 340 Main St Unit 1- She said that she wants housing for seniors who don’t
qualify for low income.
o Elizabeth Krisconko- Mill Road- She said that she has no issue with senior housing but does
have an issue with traffic in that area and safety. It is the concern for seniors from the industry
there.
o Jane Rademach- 500 Girard- She is in favor of senior apartments
o Mary McCutcheon- 126 Sycamore- She said this is a great first step for senior housing in the
Village.
o Elena Holden- Town of EA Resident- She is in favor of senior housing in the Village.
o Carol Beech- She is in favor of senior housing in the Village.
o Mary Christine Estherbrook- She is in favor of senior housing in the Village.
Mayor Wochensky closed the Public Hearing at 7:54 pm.
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• Mayor Wochensky opened the Public Hearing at 7:55 pm to consider a Special Use Permit application
for 635 Main Street, Sylvia Walworth of Valvoline Instant Oil Change.
o No comments were made
Mayor Wochensky closed the Public Hearing at 7:56 pm
SPEAKERS & COMMUNICATIONS (I) – Agenda Items Only
o Bob & Margarete Gibson- 270 Buffalo Rd- They are representing the Revive Wesleyan Church
for the Temporary Use Permit for Church in the Park. Mayor Wochensky noted that there were
no negative comments made about the event.
CONSENT CONSIDERATIONS
Mayor Wochensky noted that 4D (635 Main Street) on the agenda is from the Public Hearing. He
reviewed what 4J (plate field Project) on the agenda means for composting in the Village. Waste
Management will have a cardboard bin for recycling cardboard at the DPW. General Foreman Stoll
reviewed the Chassis and Equipment that the DPW wants to purchase for $299,327.64 from Valley
Fab/Beam Mack . He noted that the DPW has had to borrow trucks from other municipalities in the past.
• A Motion by Trustee Cameron to approve all consent agenda items
o Minutes of Village Board Meeting for June 1, 2026
o Payment for May 29, 2026 Abstract 2025/2026 fiscal year for a total of $81,418.87.
o Payment for June 15, 2026 Abstract 2026/2027 fiscal year for a total of $332,413.00
o An Application of a Request for a Special Use Permit, received by the Office of the Village Clerk on
April 7, 2026, is hereby:
APPROVED, as submitted, for applicant Sylvia Walworth of Valvoline Instant Oil Change at 635
Main Street to use the property for a vehicle service shop.
The Village Board shall be Lead Agency under the State Environmental Quality Review Act
(SEQRA). A Negative Declaration is made under SEQRA and said application is determined to be
an Unlisted Action.
The following findings and conditions from the Village Planning Commission are incorporated
herein:
1. The proposed use is a continuation of an existing business.
2. No changes to the operation are proposed.
If approved, the following additional language should be part of the approval:
Approval is Granted for the above-referenced Special Use Permit Application, as written and
submitted, and with the following additional modifications and/or conditions*:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________.
o Set Public Hearing July 20 for Permit for Keeping Other than Household Pets- 6 Chickens, 181
Sycamore Street, Colleen Raleigh.
o Approve a Temporary Use Permit for Bill Lewis of the EA American Legion for the Toytown Car
Show, August 30, 11 am – 5 pm.
o Approve an amended Temporary Use Permit for Victoria Stuman, EA Chamber of Commerce, EA
Summer Street Festival on July 25 10 am - 4 pm.
o Refer to the Planning Commission July 7 Site Plan Application at 63 South Grove Street to construct
an addition.
o Permission for the mayor to sign a letter of Commitment for the plate field project to support
composting in the Village and Town.
o Approve Budget adjustments for the 2025/2026 Fiscal Year:
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Budget Transfers 2025-2026
FROM TO
A.5.1210.0440 Mayor-Train, Travel & Dues $ 200.00 A.5.1210.0434 Mayor- Telephone $ 200.00
A.5.1440.0410 Engineer Svcs- Engineer Svcs $ 7,000.00 A.5.1480.0410 Pubinfo Svcs- sup, maint, internet, GIS $ 7,000.00
A.5.1490.0403 Pub Works Admin- Ofc sup $ 25.00 A.5.1490.0420 Pub Works admin- Maint & Repairs $ 25.00
A.5.1490.0403 Pub Works Admin- Ofc sup $ 1,000.00 A.5.1490.0440 Pub Works Admin- Train, Travel & Dues $ 1,000.00
A.5.1620.0140 Buildings- Overtime $ 950.00 A.5.1620.0110 Buildings- Salary & Wages $ 950.00
A.5.1620.0470 Buildings- Dept Supplies $ 600.00 A.5.1620.0432 Buildings- Gas $ 600.00
A.5.1640.0420 Central Garage- Maint & Rep $ 100.00 A.5.1640.0431 Central Garage- Electric $ 100.00
A.5.1640.0420 Central Garage- Maint & Rep $ 700.00 A.5.1640.0432 Central Garage- Gas $ 700.00
A.5.1640.0433 Central Garage- Gas, Oil $ 6,500.00 A.5.1910.0413 Unallocated Ins- Judgements & Claims $ 6,500.00
A.5.1640.0470 Central Garage- Dept Sup $ 100.00 A.5.1640.0480 Central Garage- Uniforms $ 100.00
A.5.3120.0120 Police Dept- Wages- Patrol $ 5,000.00 A.5.3120.0110 Police Dept- Salaries & Wages $ 5,000.00
A.5.3120.0434 Police Dept- Telephone $ 100.00 A.5.3120.0420 Police Dept- Maint Svc Contracts $ 100.00
A.5.3410.0420 Fire Dept- Dept Supplies $ 500.00 A.5.3410.0432 Fire Dept- Gas $ 500.00
A.5.3120.0450 Police- Gas & Grease $ 7,000.00 A.5.3420.0110 Police & Fire Dispatch- Salaries & Wages $ 7,000.00
A.5.3120.0460 Police- Parts & Maint $ 4,000.00 A.5.3420.0110 Police & Fire Dispatch- Salaries & Wages $ 4,000.00
A.5.3310.0110 Traffic Ctrl- Salary & Wages $ 3,000.00 A.5.3420.0127 Police & Fire Dispatch- Part Time & Temp $ 3,000.00
A.5.3310.0110 Traffic Ctrl- Salary & Wages $ 810.00 A.5.3420.0140 Police & Fire Dispatch -Overtime $ 810.00
A.5.5110.0420 Street Maint- Road Materials $ 2,000.00 A.5.5110.0140 Street Maint- Overtime $ 2,000.00
A.5.5110.0420 Street Maint- Road Materials $ 45,000.00 A.5.8160.0410 Refuse & Garbage $ 45,000.00
A.5.7140.0420 Playgrounds- Maint & Repair $ 1,000.00 A.5.5182.0431 Street Lighting- Electric $ 1,000.00
A.5.9040.0802 Workers Comp-Workers $ 11,000.00 A.5.9061.0807 Dental Ins- Dental Ins $ 11,000.00
F.5.8340.0403 Transfer & Dist- Office Sup $ 25.00 F.5.8340.0480 Tranfs & Dist- Uniforms $ 25.00
A.5.1640.0110 Central Garage- Salaries $ 800.00 A.5.1620.0110 Buildings- Salaries & Wages $ 800.00
A.5.1620.0420 Buildings- Maint & Repairs $ 410.00 A.5.1620.0126 Buildings- Def Comp $ 410.00
A.5.1620.0470 Buildings- Dept Supplies $ 120.00 A.5.1620.0432 Buildings- Gas $ 120.00
A.5.1640.0450 Central Garage- Gas, Oil $ 6,500.00 A.5.1640.0433 Central Garage- Water $ 6,500.00
A.5.1640.0450 Central Garage- Gas, Oil $ 500.00 A.5.1640.0432 Central Garage- Gas $ 500.00
A.5.3120.0126 Police Dept- Def Comp $ 1,000.00 A.5.3120.0120 Police Dept-Wages- Patrolmen $ 1,000.00
A.5.3120.0126 Police Dept- Def Comp $ 10,000.00 A.5.3120.0110 Police Dept- Salaries & Wages $ 10,000.00
A.5.3410.0431 Fire Dept- Electric $ 120.00 A.5.3410.0432 Fire Dept- Gas $ 120.00
A.5.3410.0460 Fire Dept- Vehicle Maint $ 1,700.00 A.5.3420.0140 Police & Fire Dispatch- Overtime $ 1,700.00
A.5.3410.0460 Fire Dept- Vehicle Maint $ 4,100.00 A.5.3420.0130 Police & Fire Dispatch- Part Time $ 4,100.00
A.5.3410.0460 Fire Dept- Vehicle Maint $ 3,000.00 A.5.3420.0110 Police & Fire Dispatch- Salaries & Wages $ 3,000.00
A.5.3420.0127 Police & Fire Dispatch- Uni $ 3,000.00 A.5.3420.0110 Police & Fire Dispatch- Salaries & Wages $ 3,000.00
A.5.3420.0126 Police & Fire Dispatch- Def $ 4,000.00 A.5.3420.0110 Police & Fire Dispatch- Salaries & Wages $ 4,000.00
A.5.5112.0200 CHIPS- Street Improvement $ 6,000.00 A.5.5182.0431 Street Lighting- Electric $ 6,000.00
A.5.8160.0480 Refuse & Garbage- Misc $ 400.00 A.5.8160.0410 Refuse & Garbage $ 400.00
A.5.9010.0801 State Retirement- Police $ 35,000.00 A.5.9901.0903 Interfund Transfer- Capital $ 35,000.00
F.5.1380.0410 Fiscal Agent Fee- Fin Adv $ 3,100.00 F.5.8310.0110 Water Admin- Salaries & Wages $ 3,100.00
F.5.1380.0410 Fiscal Agent Fee- Fin Adv $ 1,600.00 F.5.8310.0126 Water Admin- Def Comp $ 1,600.00
F.5.8340.0140 Transf & Dist- Overtime $ 440.00 F.5.8340.0126 Transf & Dist- Def Comp $ 440.00
F.5.8310.0140 Water Admin- Over 75 hours $ 737.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 737.00
F.5.8310.0440 Water Admin- Train, Travel $ 1,000.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 1,000.00
F.5.1380.0410 Fiscal Agent Fee- Fin Adv $ 8,000.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 8,000.00
F.5.8340.0110 Transf & Dist- Salaries $ 35,470.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 35,470.00
F.5.8340.0200 Tranfs & Dist- Equipt $ 1,996.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 1,996.00
F.5.8340.0420 Tranfs & Dist- Maint & Repiar $ 963.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 963.00
F.5.8340.0440 Tranfs & Dist- Train, Travel $ 258.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 258.00
F.5.8340.0470 Transfs & Dist- Supplies $ 3,082.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 3,082.00
F.5.8340.0490 Transfs & Dist- Water Test $ 470.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 470.00
F.5.9010.0800 St Retirement- Retirement $ 2,212.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 2,212.00
F.5.9030.0801 Social Security- Social Sec $ 4,652.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 4,652.00
F.5.9900.0901 Tranfs to Capital Fund $ 46,000.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 46,000.00
F.5.9060.0805 Hosp & Med Ins- Health $ 7,000.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 7,000.00
F.5.9061.0807 Dental ins- Dental Ins $ 3,000.00 F.5.8320.0470 Source of Supply- Bulk Purchase Water $ 3,000.00
o MODIFY 2026/2027 BUDGET June 15, 2026
Trustee Cameron, offered the following resolution and moved for its adoption:
BE IT RESOLVED, the Clerk–Treasurer is hereby authorized to modify the 2026/2027 Budget in
the following manner:
Revenue – Appropriated Fund balance - $ 27,693
Expenditures –
Planning Contract Services 5.8020.0410 - $27,693
Blue Zone contract
Revenue – Appropriated Fund balance - $ 320,000
Expenditures –
Street maintenance Equipment 5.5110.0200 - $320,000
Purchasing Snowplow
The following resolution was seconded by Trustee Bojanowski and unanimously approved
o Permission for the mayor to sign the change orders with CamCo General Contracting for the Hamlin
Park Bathroom Project.
o Approve the purchase of a Volvo VHD Plow Truck Chassis and equipment from Valley Fab/ Beam
Mack Sales Service, piggybacking off the Onondaga County statewide contract 10914 for
$299,327.64.
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o Approve canceling the August 3, 2026, Village Board meeting.
o Approve Connor Yuhas as a member of the East Aurora Fire Department.
o Approve the Demo/Substantial Modification to the residence at 500 North Street Joe Ann Willson
The foregoing motions and resolutions were seconded by Trustee Bojanowski and unanimously
approved.
OFFICIAL CONSIDERATIONS
Mayor Wochensky asked the Village Board for their thoughts on 270 Quaker Road application. Trustee
Root asked about how far back from the road is the main portion of the development is, the revised plan
and are the amenities for the residents. The applicant said that the development is 620 feet from the road
and he noted that a storm water management system has to be implemented. The amenities are only for
the residents. He said that this would be their fourth senior housing and they are looking for a shuttle
service between all four and the amenities. Mayor Wochensky noted that this is a zoning change and
would prefer to have a newer comprehensive plan that addresses this situation. Planning did a great job
and noted the findings and conditions. He spoke about other implications of making these changes but
feels that they’re needed and wants more time to review. Trustee Cameron agrees that she needs time to
consider. Trustee Bojanowski mentioned potentially making an additional condition for Town and
Village residents; the applicant stated that it would violate the Fair Housing Act. Trustee Kamp said that
he would like to increase the housing stock. Mayor Wochensky noted the traffic issue and wants to look
into that. Trustee Cameron noted how hard it is to walk there and would like a traffic circle.
• A motion by Trustee Lazickas to appoint Rebecca Deoca to the position of part-time public safety
dispatcher, to commence on June 16, 2026, was seconded by Trustee Kamp and unanimously approved.
• A motion by Trustee Root to give permission for the mayor to sign a contract with Blue Zone for
planning services, seconded by Trustee Kamp and unanimously approved.
o Mayor Wochensky spoke about Blue Zone and how this is not a commitment to any future
construction project, but it is an opportunity to bring in nationally recognized expertise, engage
our residents, and gather information that can help guide future decisions. He said the study that
was done had results like Main Street being narrowed and the bump-outs. Mayor Wochensky is
proposing that we proceed with option two, the two-day on-site workshop. The total project cost
would be approximately $27,700, including project management, community engagement,
existing conditions review, stakeholder meetings, walking audits, a community workshop,
findings, and direct expenses. It is at a reduced cost because they are already in Buffalo at the
time. Trustee Root said that she has been to his workshop and has had great conversations with
Mr. Burton. Trustee Kamp said that he likes how it works with the comprehensive plan and
spoke about Blue Zone. Trustee Viger asked if this was the only company that does this. Mayor
Wochensky noted that this is a professional service; he said that we can just use this company
and work off of Buffalo. Trustee Kamp asked about deliverables, and Mayor Wochensky said
that the goal is to have specific projects that we are able to implement to improve the
characteristics of our village. Trustee Lazickas asked about the savings and what the regular cost
would be. Mayor Wochensky said that in similar communities, it was around $50,000. Trustee
Cameron is concerned about bikeablilty being in the plan, as that is very important to her. Mayor
Wochensky said that it was specifically discussed.
• A motion by Trustee Kamp to approve a Hamlin Park Temporary Use Permit for Kevin Beers of Revive
Wesleyan Church for Church in the Park each Sunday in August (August 2, 9, 16, and 23) from 8 am to
1 pm with no amplification before 10 am and the amplification to end at noon. The amplified sound
shall not exceed 70 decibels when measured at the right of way surrounding the park, seconded by
Trustee Viger and unanimously approved.
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• A motion by Trustee Lazickas to approve,
RESOLUTION NO. 20260615
Proposed Action: Village of East Aurora Water System Improvements Project
RESOLUTION DECLARING THE INTENT OF THE VILLAGE OF EAST AURORA
VILLAGE BOARD TO ACT AS LEAD AGENCY
WHEREAS, the Village of East Aurora (Village) is proposing the Village of East Aurora Water
System Improvements Project (Project), located in the Village of East Aurora and Town of
Aurora, Erie County, New York; and
WHEREAS, the Project has been classified as a “Type I Action” as defined by the State
Environmental Quality Review Act (SEQRA) in 6 NYCRR Part 617.4; and
WHEREAS, it is the intent of the Village of East Aurora Village Board to assume the role of
“Lead Agency” for purposes of conducting a SEQRA/SERP assessment of the Project; and
WHEREAS, Part I of a Full Environmental Assessment Form (FEAF) has been completed,
reviewed by the Village of East Aurora Village Board, and will be circulated to all Interested and
Involved Agencies for purposes of establishing the Village of East Aurora Village Board as
“Lead Agency” in accordance with 6 NYCRR Part 617.6(b).
NOW, THEREFORE, BE IT
RESOLVED AND DETERMINED, that the Mayor of the Village of East Aurora is hereby
authorized to sign Part I of the FEAF (page 15); and it is further
RESOLVED AND DETERMINED, that the Village of East Aurora will send said Part I of the
FEAF and associated site figure to the attached list of “Interested and Involved Agencies” under
cover of a “Notice of Intent to Establish Lead Agency” letter for purposes of establishing Lead
Agency status under the SEQRA/SERP; and it is further
RESOLVED, that the Mayor of the Village of East Aurora and the Village Board, together with
the Village of East Aurora Attorney and B&L, are hereby authorized to take all actions, serve all
notices, and complete all documents required to give full force and effect to this determination.
The question of the adoption of the foregoing resolution was seconded by Trustee Viger and duly
put to a vote, and upon roll call, the vote was as follows:
Mayor Wochensky- Aye
Trustee Root- Aye
Trustee Lazickas- Aye
Trustee Cameron- Aye
Trustee Kamp- Aye
Trustee Viger- Aye
Trustee Bojanowski- Aye
The foregoing resolution was thereupon declared duly adopted.
Village Engineer Nick Pazino planned to apply for a grant that was moved from
September to July 27th. He said the reason that the motion needs to be passed tonight is
that they need to do part one tonight and then that requires a 30-day coordinator review
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with interested and involved agencies, which there's a number of them in the area. The
Bond resolution will need to be passed at the July 20th Board Meeting.
• A motion by Trustee Cameron to give permission for the mayor to sign Part 1 of the SEQR for the water
system improvement project, seconded by Trustee Root and unanimously approved.
• A motion by Trustee Bojanowski to approve the Demo/Substantial Modification to the residence at 517
Linden Ave Colin Kujawski with added condition that the trim around the kitchen sink window
resembles the current size, seconded by Trustee Root and unanimously approved.
SPEAKERS & COMMUNICATIONS
• Judy Aktison Miller- 2 Woodbrook Drive- She said that she lives near the new development and has
come in front of the Village Board before, wanting walkability improvement in her area. A petition was
done in 2021; she came back in 2024 and spoke about the difficulty of putting in sidewalks. She would
like sidewalks; she can’t bike that way anymore because it's so busy and wants the Village to reach out
to Erie County.
• Chris Miller- 2 Woodbrook Dr- He has concerns about the safety of Mill Road and making the area
more walkable and safer. Police Chief Welch met with Gina from Erie County Highways, and what was
determined at the time was, according to her, that there was no safe place for a crosswalk and that the
road was designed before the condominium complex that they live in now. He said that he will revisit
the issue. Mayor Wochensky noted that this is another area they may want to consider if Blue Zone can
help with the conversation with the county.
• Tom Morris- 179 Whaley- He has concerns about crosswalk signs, getting them replaced, and being
constantly hit by vehicles. Also, people not stopping at stop signs and public safety are concerns.
• Brandon Raleigh- 181 Sycamore- He asked if the chicken permit was approved or just approved for the
public hearing. Mayor Wochensky said that the motion was made to approve the public hearing. He
noted that the application was made for 6 chickens, not 4, so Trustee Kamp amended the permit to say 6,
seconded by Trustee Bojanowski and unanimously approved.
• Nancy Smith- 195 Sycamore- She said that she is very happy about Blue Zone.
Department Head and Trustee Reports
Code Enforcement- None
Police Chief- The second Heart of Music Festival went well, and said that introducing extra help from other
police departments has made a big difference. There are two more vacancies coming to the police department
soon, with retiring officers and the police clerk retiring as well.
General Foreman- Milling is beginning tomorrow on Grey Street, heading to Buffalo, and then going to Girard
from Maple to North Willow. The Village Facebook page will be updated with the milling information. Aeration
at the park for trees is done, and noted that the setup and takedown for Heart of Music went well. Paving is not
set up yet; he is hoping by July 3rd.
President of the Fire Department- The Heart of Music went well; they had great coverage and worked with
other departments. The fire department is preparing for the 3rd of July celebration.
Planning Commission- The Commission reviewed the new comprehensive plan guidelines and looks forward
to working with the Mayor on the plan.
Village Engineer- He spoke about the water and the foot sidewalks along the Hamlin Park walkway. He spoke
about the Police station and what work needs to be done there. They are trying to complete the Hamlin Park
bathroom.
Chamber of Commerce- They are working with the Village on the Summer Street Festival.
Clerk Treasurer- Taxes are currently being collected.
Trustee Lazickas- He said that there is a Tree Board mulching event on Thursday that he is going to assist.
Trustee Root- The Pedestrian Bike Board discussed the bike bus and how large it was growing; maybe have
people sign waivers at the beginning of the school year for safety. Trustee Viger asked if they need a permit.
Mayor Wochensky said that they would discuss that.
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Trustee Bojanowski- He attended his first District 8 Sewer meeting; they approved a budget and got a lot of
helpful information. The HPC meeting went smoothly with the new demo code, and we are working through the
tweaks that need to be made.
Trustee Kamp- none
Trustee Viger- Excited to be back
Mayor Wochensky- Cornhole Tournament with the Town on June 20th. He spoke about the Climate Smart
Community Task Force and the Village being a part of that with the DRI NY Forward Grant. A small business
task force to solicit projects to have a competitive application. He is attending a consolidated grant funding
event on Wednesday. The Hamlin Park Committee has not had any motion yet and will speak with the liaison.
He said that a pride event was held in the parking lot and thanked the police for their presence. Trustee Root and
he met with Fisher-Price about their potential plans and how to be more involved in the community.
ADJOURNMENT
A motion was made by Trustee Lazickas to adjourn the meeting at 9:12pm, seconded by Trustee Bojanowski
and unanimously carried.
Respectfully submitted,
Maureen Jerackas
Village Clerk-Treasurer
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Expense Approval Report 5.30.2026
Village of East Aurora,NY By Vendor Name
Payable Dates 5/30/2026 - 5/30/2026 Post Dates 5/30/2026 - 5/30/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
Vendor: 10403 - ERIE COUNTY COMPTROLLER
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 571 Main St Village Hall Acct A.5.1620.0431 BUILDINGS - ELECTRIC 353.60
7933856
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 Pine St DPW Offices and A.5.1640.0431 CENTRAL GARAGE - ELECTRIC 78.34
garage acct 256115
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 33 Center St A.5.3410.0431 FIRE DEPT - ELECTRIC 498.02
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 Girard Ave Acct 893560 A.5.5182.0431 STREET LIGHTING - ELECTRIC 0.78
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 Elm St Signal Acct 3514288 A.5.5182.0431 STREET LIGHTING - ELECTRIC 2.77
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 Elmwood & Chestnut Hill A.5.5182.0431 STREET LIGHTING - ELECTRIC 199.08
Booster Pump Station Acct
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 ST LIGHTING R2 ACCT 719336 A.5.5182.0431 STREET LIGHTING - ELECTRIC 208.21
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 ST LIGHTING ACCT 4086039 A.5.5182.0431 STREET LIGHTING - ELECTRIC 308.22
1800084553 ERIE COUNTY COMPTROLLER 05/30/2026 PINE ST WATER PLANT ACCT F.5.1620.0431 BUILDINGS - ELECTRIC 6.85
288597
Vendor 10403 - ERIE COUNTY COMPTROLLER Total: 1,655.87
Vendor: 10864 - NYSEG
1001-0483-419 5/20-6/18/26 NYSEG 05/30/2026 Elmwood & Chest 1PH 5/20- A.5.5182.0431 STREET LIGHTING - ELECTRIC 174.00
6/18/26
1001-7273-243 5/9-6/9/26 NYSEG 05/30/2026 Near 650 Girard Ave 5/9- A.5.5182.0431 STREET LIGHTING - ELECTRIC 25.34
6/9/26
1004-8515-430 5/9-6/9/26 NYSEG 05/30/2026 400 Pine St Salt Shed 5/9- A.5.1640.0431 CENTRAL GARAGE - ELECTRIC 26.82
6/9/26
Vendor 10864 - NYSEG Total: 226.16
Vendor: 11033 - Schroder Joseph & Associates LLP
Multiple Invoices May 2026 Schroder Joseph & Associates 05/30/2026 Invoice 27502 A.5.1420.0411 VILLAGE ATTORNEY - OTHER … 1,205.10
LLP
Multiple Invoices May 2026 Schroder Joseph & Associates 05/30/2026 Invoice 27503 A.5.1420.0411 VILLAGE ATTORNEY - OTHER … 17,726.30
LLP
Vendor 11033 - Schroder Joseph & Associates LLP Total: 18,931.40
Grand Total: 20,813.43
6/25/2026 1:53:33 PM Page 1 of 3
Page 10
Expense Approval Report 5.30.2026 Payable Dates: 5/30/2026 - 5/30/2026 Post Dates: 5/30/2026 - 5/30/2026
Report Summary
Fund Summary
Fund Expense Amount
A - GENERAL FUND 20,806.58
F - ENTERPRISE WATER 6.85
Grand Total: 20,813.43
Account Summary
Account Number Account Name Expense Amount
A.5.1420.0411 VILLAGE ATTORNEY - OT… 18,931.40
A.5.1620.0431 BUILDINGS - ELECTRIC 353.60
A.5.1640.0431 CENTRAL GARAGE - ELEC… 105.16
A.5.3410.0431 FIRE DEPT - ELECTRIC 498.02
A.5.5182.0431 STREET LIGHTING - ELEC… 918.40
F.5.1620.0431 BUILDINGS - ELECTRIC 6.85
Grand Total: 20,813.43
Project Account Summary
Project Account Key Expense Amount
**None** 20,813.43
Grand Total: 20,813.43
6/25/2026 1:53:33 PM Page 2 of 3
Page 11
Expense Approval Report 5.30.2026 Payable Dates: 5/30/2026 - 5/30/2026 Post Dates: 5/30/2026 - 5/30/2026
Authorization Signatures
***** Certificate of Financial Officer *****
I hereby certify that the attached Voucher Listing is complete and accurate to the best
of my knowledge, and payment is hereby approved.
Signed:________________________________________ Date:__________________
6/25/2026 1:53:33 PM Page 3 of 3
Page 12
Expense Approval Report 7.6.2026
Village of East Aurora,NY By Vendor Name
Payable Dates 7/6/2026 - 7/6/2026 Post Dates 7/6/2026 - 7/6/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
Vendor: 10050 - ALLIED MECHANICAL INC.
inv 50169 ALLIED MECHANICAL INC. 07/06/2026 planned maintenance- A.5.3410.0420 FIRE DEPT - DEPT SUPPLIES 1,745.00
quarterly
Vendor 10050 - ALLIED MECHANICAL INC. Total: 1,745.00
Vendor: 10054 - Amazon
16VN-9CNL-QRMN Amazon 07/06/2026 File Cabinet for Mayor A.5.1325.0403 VILLAGE ADMIN - OFFICE SU… 55.79
Vendor 10054 - Amazon Total: 55.79
Vendor: 10055 - AMCHAR WHOLESALE INC.
2026000258 AMCHAR WHOLESALE INC. 07/06/2026 Ammo for PO Pierce firearms A.5.3120.0470 POLICE DEPT - DEPTAL SUPPL…2026000258-R1 918.25
instructor school
Vendor 10055 - AMCHAR WHOLESALE INC. Total: 918.25
Vendor: 10131 - BASCHMANN SERVICES INC.
2027000309 BASCHMANN SERVICES INC. 07/06/2026 June 2026 A.5.1640.0460 CENTRAL GARAGE - VEHICLE… 2027000309 30.16
Vendor 10131 - BASCHMANN SERVICES INC. Total: 30.16
Vendor: 10170 - BRADLEY TREE & LANDSCAPE
inv 16075/inv16732 BRADLEY TREE & LANDSCAPE 07/06/2026 aeration/tree care and A.5.8560.0410 SHADE TREES - CONTRACT S… 1,000.00
consultation
Vendor 10170 - BRADLEY TREE & LANDSCAPE Total: 1,000.00
Vendor: 10174 - BRENNTAG NORTH AMERICA INC.
inv BLN26-60172 BRENNTAG NORTH AMERICA 07/06/2026 police vehicle oil A.5.3120.0450 POLICE DEPT - GASOLINE, OIL… 1,191.30
INC.
Vendor 10174 - BRENNTAG NORTH AMERICA INC. Total: 1,191.30
Vendor: 10186 - BUFFALO & ORCHARD PARK
2029000290 BUFFALO & ORCHARD PARK 07/06/2026 topsoil for HP A.5.7140.0420 PLAYGROUNDS & REC CTRS. -…2026000230-R1 3,520.00
Vendor 10186 - BUFFALO & ORCHARD PARK Total: 3,520.00
Vendor: 10211 - CAMCO General Contracting Inc.
TOILET ROOM ADDITION IN … CAMCO General Contracting 07/06/2026 GENERAL CONSTRUCTION H.5.7140.0018 PARKS & RECREATION BUILD… 91,292.39
Inc. HAMLIN BATHROOMS
Vendor 10211 - CAMCO General Contracting Inc. Total: 91,292.39
Vendor: 10217 - CARQUEST AUTO PARTS
2026000172-R1 CARQUEST AUTO PARTS 07/06/2026 June- vehicle maint/parts A.5.1640.0460 CENTRAL GARAGE - VEHICLE… 2026000172-R1 670.05
2027000296 CARQUEST AUTO PARTS 07/06/2026 June 2026 A.5.3120.0460 POLICE DEPT - VEHICLE MAI… 2027000296 595.13
2027000298 CARQUEST AUTO PARTS 07/06/2026 June 2026 A.5.1640.0460 CENTRAL GARAGE - VEHICLE… 2027000298 116.38
Vendor 10217 - CARQUEST AUTO PARTS Total: 1,381.56
7/2/2026 11:32:38 AM Page 1 of 10
Page 13
Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
Vendor: 10229 - Charter Communications
115006201061426 Charter Communications 07/06/2026 TAXES & FEES - FRANCHISE A.5.1480.0410 PUBINFO SVCS-PUB INFO SUP… 2.97
FEE
115006201061426 Charter Communications 07/06/2026 EAFD Cable A.5.1480.0410 PUBINFO SVCS-PUB INFO SUP… 59.95
115006201061426 Charter Communications 07/06/2026 EAFD Internet A.5.1480.0410 PUBINFO SVCS-PUB INFO SUP… 160.00
115006201061426 Charter Communications 07/06/2026 EAPD Internet A.5.1480.0410 PUBINFO SVCS-PUB INFO SUP… 449.00
Vendor 10229 - Charter Communications Total: 671.92
Vendor: 10240 - CINTAS CORPORATION
2027000301 CINTAS CORPORATION 07/06/2026 June 2026 A.5.1620.0420 BUILDINGS - MAINT & REPAI… 2027000301 385.11
2027000301 CINTAS CORPORATION 07/06/2026 June 2026 A.5.1640.0420 CENTRAL GARAGE - MAINT &…2027000301 306.67
2027000301 CINTAS CORPORATION 07/06/2026 June 2026 A.5.1640.0480 CENTRAL GARAGE - UNIFOR… 2027000301 426.73
Vendor 10240 - CINTAS CORPORATION Total: 1,118.51
Vendor: 10248 - CLEAN MD COMMERCIAL CLEANING INC.
inv 20118 CLEAN MD COMMERCIAL 07/06/2026 Invoicemonthly cleaning EAFD A.5.3410.0470 FIRE DEPT - JANITORIAL SUPP… 698.14
CLEANING INC.
Vendor 10248 - CLEAN MD COMMERCIAL CLEANING INC. Total: 698.14
Vendor: 10282 - CORR DISTRIBUTORS INC.
inv173654/173436 CORR DISTRIBUTORS INC. 07/06/2026 janitorial supplies A.5.1620.0470 BUILDINGS - DEPARTMENTAL… 522.65
Vendor 10282 - CORR DISTRIBUTORS INC. Total: 522.65
Vendor: 10286 - COUNTY LINE STONE
2026000247-R1a COUNTY LINE STONE 07/06/2026 black top A.5.5110.0420 STREET MAINT - ROAD MATE… 2026000247-R1 1,886.45
Vendor 10286 - COUNTY LINE STONE Total: 1,886.45
Vendor: 11308 - Crossbar Athletics LLC
1951 Crossbar Athletics LLC 07/06/2026 Dye-sublimated Metal Name A.5.1325.0403 VILLAGE ADMIN - OFFICE SU… 40.00
Plate
Vendor 11308 - Crossbar Athletics LLC Total: 40.00
Vendor: 10296 - CSEA EMPL BENEFIT FUND
12314052July2026 CSEA EMPL BENEFIT FUND 07/06/2026 Dental/Vision A.5.9061.0807 DENTAL INS - DENTAL INS 6,603.26
12314052July2026 CSEA EMPL BENEFIT FUND 07/06/2026 Dental/Vision A.5.9062.0808 OPTICAL - OPTICAL 1,039.30
12314052July2026 CSEA EMPL BENEFIT FUND 07/06/2026 Dental/Vision F.5.9061.0807 DENTAL INS - DENTAL INS 521.31
12314052July2026 CSEA EMPL BENEFIT FUND 07/06/2026 Dental/Vision F.5.9062.0808 OPTICAL - OPTICAL 82.05
Vendor 10296 - CSEA EMPL BENEFIT FUND Total: 8,245.92
Vendor: 10318 - DELACY FORD
2027000294 DELACY FORD 07/06/2026 July 2026 A.5.3120.0460 POLICE DEPT - VEHICLE MAI… 2027000294 1,393.66
Vendor 10318 - DELACY FORD Total: 1,393.66
Vendor: 10376 - EIGHTY FOUR LUMBER
inv #0632-759860 EIGHTY FOUR LUMBER 07/06/2026 Street supplies A.5.5110.0420 STREET MAINT - ROAD MATE… 145.50
Vendor 10376 - EIGHTY FOUR LUMBER Total: 145.50
Vendor: 11323 - Employee Services LLC
EAP Services 6/1/26-5/31/27 Employee Services LLC 07/06/2026 EAP Services 6/1/26-5/31/27 A.5.9060.0805 HOSPITAL & MEDICAL INS - H… 3,550.00
Vendor 11323 - Employee Services LLC Total: 3,550.00
7/2/2026 11:32:38 AM Page 2 of 10
Page 14
Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
Vendor: 11363 - ERIE COUNTY DEPT. OF HEALTH EMS DIVISION
2027000316 ERIE COUNTY DEPT. OF 07/06/2026 EAFD training A.5.3410.0440 FIRE DEPT - TRAINING, TRAV… 2027000316 75.00
HEALTH EMS DIVISION
Vendor 11363 - ERIE COUNTY DEPT. OF HEALTH EMS DIVISION Total: 75.00
Vendor: 10406 - ERIE COUNTY PUBLIC HEALTH LAB
2026000208-R1 ERIE COUNTY PUBLIC HEALTH 07/06/2026 Monthly water samples F.5.8340.0490 TRANSFS & DIST - WATER TE… 2026000208-R1 476.00
LAB
Vendor 10406 - ERIE COUNTY PUBLIC HEALTH LAB Total: 476.00
Vendor: 10409 - ERIE COUNTY WATER AUTHORITY
Hydrant Services 6/1/26-5/3… ERIE COUNTY WATER 07/06/2026 Account 72000550-6 for 3 F.5.8340.0420 TRANSFS & DIST - MAINT & R… 687.24
AUTHORITY Hydrants
Vendor 10409 - ERIE COUNTY WATER AUTHORITY Total: 687.24
Vendor: 10458 - FM COMMUNICATIONS INC.
inv 107015428 FM COMMUNICATIONS INC. 07/06/2026 EAPD lights A.5.3120.0460 POLICE DEPT - VEHICLE MAI… 432.00
Vendor 10458 - FM COMMUNICATIONS INC. Total: 432.00
Vendor: 10475 - GALLS LLC
32846795 GALLS LLC 07/06/2026 Badge & Badge Wallet A.5.1210.0440 MAYOR - TRAINING, TRAVEL… 135.75
Vendor 10475 - GALLS LLC Total: 135.75
Vendor: 10479 - GE Software Inc.
inv 228716 GE Software Inc. 07/06/2026 annual gasboy/EKOS A.5.1640.0450 CENTRAL GARAGE - GASOLIN… 1,920.00
subscription
Vendor 10479 - GE Software Inc. Total: 1,920.00
Vendor: 10511 - GRAINGER
June invoices GRAINGER 07/06/2026 June 2026 A.5.3410.0420 FIRE DEPT - DEPT SUPPLIES 340.80
June invoices GRAINGER 07/06/2026 June 2026 A.5.5110.0420 STREET MAINT - ROAD MATE… 220.60
June invoices GRAINGER 07/06/2026 June 2026 A.5.7140.0420 PLAYGROUNDS & REC CTRS. -… 242.16
June invoices GRAINGER 07/06/2026 June 2026 A.5.8560.0470 SHADE TREES - DEPARTMEN… 317.28
Vendor 10511 - GRAINGER Total: 1,120.84
Vendor: 10521 - GRECO TRAPP PLLC
May 2026 GRECO TRAPP PLLC 07/06/2026 Statement 34624 A.5.1420.0411 VILLAGE ATTORNEY - OTHER … 27.50
May 2026 GRECO TRAPP PLLC 07/06/2026 34 Invoices - Statements A.5.1420.0411 VILLAGE ATTORNEY - OTHER … 1,772.32
34591- 34621 & 34623
May 2026 GRECO TRAPP PLLC 07/06/2026 Statement 34622 A.5.1420.0411 VILLAGE ATTORNEY - OTHER … 532.50
Vendor 10521 - GRECO TRAPP PLLC Total: 2,332.32
Vendor: 10547 - Highmark Blue Cross & Blue Shield of Western New York
260619342258 Highmark Blue Cross & Blue 07/06/2026 Health Insurance A.5.9060.0805 HOSPITAL & MEDICAL INS - H… 50,843.66
Shield of Western New York
260619342258 Highmark Blue Cross & Blue 07/06/2026 Health Insurance A.5.9060.0806 HOSPITAL & MEDICAL INS - H… 22,246.62
Shield of Western New York
260619342258 Highmark Blue Cross & Blue 07/06/2026 Health Insurance F.5.9060.0805 HOSPITAL & MEDICAL INS - H… 5,859.45
Shield of Western New York
7/2/2026 11:32:38 AM Page 3 of 10
Page 15
Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
260619342258 Highmark Blue Cross & Blue 07/06/2026 Health Insurance F.5.9060.0806 HOSPITAL & MEDICAL INS - H… 1,043.92
Shield of Western New York
Vendor 10547 - Highmark Blue Cross & Blue Shield of Western New York Total: 79,993.65
Vendor: 10599 - IRR SUPPLY CTRS INC
inv 2917945 IRR SUPPLY CTRS INC 07/06/2026 HP repair parts A.5.7140.0420 PLAYGROUNDS & REC CTRS. -… 54.80
Vendor 10599 - IRR SUPPLY CTRS INC Total: 54.80
Vendor: 11398 - Kevin Rautenstrauch
June 2026 Services Kevin Rautenstrauch 07/06/2026 Services for June 2026 A.5.1420.0410 VILLAGE ATTORNEY - CONTR… 2,166.66
May 2026 Services Kevin Rautenstrauch 07/06/2026 Services for May 2026 A.5.1420.0410 VILLAGE ATTORNEY - CONTR… 2,166.66
Vendor 11398 - Kevin Rautenstrauch Total: 4,333.32
Vendor: 10645 - KURK FUEL COMPANY
inv82820 KURK FUEL COMPANY 07/06/2026 diesel fuel 5/15/26-6/17-26 A.5.1640.0450 CENTRAL GARAGE - GASOLIN… 3,633.06
inv82820 KURK FUEL COMPANY 07/06/2026 diesel fuel 5/15/26-6/17-26 A.5.3410.0450 FIRE DEPT - GASOLINE, OIL &… 518.47
Vendor 10645 - KURK FUEL COMPANY Total: 4,151.53
Vendor: 10702 - LOWE'S
inv 952732940 LOWE'S 07/06/2026 HP bathroom parts A.5.7140.0420 PLAYGROUNDS & REC CTRS. -… 242.25
Vendor 10702 - LOWE'S Total: 242.25
Vendor: 10706 - M and T BANK
Credit from PO Course Reim… M and T BANK 07/06/2026 Reimbursement from Office A.5.3120.0440 POLICE DEPT - TRAINING, TR… -100.00
Schultz course
June 2026 Credit Card M and T BANK 07/06/2026 UPS Store - Scanning A.4.1255.0000 CLERK FEES 173.83
June 2026 Credit Card M and T BANK 07/06/2026 UPS - Scanning A.4.1255.0000 CLERK FEES 126.03
June 2026 Credit Card M and T BANK 07/06/2026 Buffalo News A.5.1325.0403 VILLAGE ADMIN - OFFICE SU… 36.99
June 2026 Credit Card M and T BANK 07/06/2026 ADOBE A.5.1480.0410 PUBINFO SVCS-PUB INFO SUP… 21.74
June 2026 Credit Card M and T BANK 07/06/2026 Adobe A.5.1480.0410 PUBINFO SVCS-PUB INFO SUP… 260.87
June 2026 Credit Card M and T BANK 07/06/2026 Hudsons - Food @ Chief A.5.3120.0440 POLICE DEPT - TRAINING, TR… 4.19
Summit
June 2026 Credit Card M and T BANK 07/06/2026 Great Wraps - Food @ Chief A.5.3120.0440 POLICE DEPT - TRAINING, TR… 19.44
Summit
June 2026 Credit Card M and T BANK 07/06/2026 EZPASS A.5.3120.0440 POLICE DEPT - TRAINING, TR… 75.00
June 2026 Credit Card M and T BANK 07/06/2026 Karsens Grill - Food @ Chief A.5.3120.0440 POLICE DEPT - TRAINING, TR… 33.82
Summit
June 2026 Credit Card M and T BANK 07/06/2026 Hilton N Scottdale - Food @ A.5.3120.0440 POLICE DEPT - TRAINING, TR… 28.76
Chief Summit
June 2026 Credit Card M and T BANK 07/06/2026 Tops - Range Hydration A.5.3120.0440 POLICE DEPT - TRAINING, TR… 23.35
June 2026 Credit Card M and T BANK 07/06/2026 Tops - Music Fest Hydration A.5.3120.0470 POLICE DEPT - DEPTAL SUPPL… 23.35
June 2026 Credit Card M and T BANK 07/06/2026 Exxon - Fuel @ NYS Chief A.5.3420.0440 POLICE & FIRE DISPATCH - T… 73.63
Assoc. Meeting
June 2026 Credit Card M and T BANK 07/06/2026 IDENTOGO A.5.3420.0470 POLICE & FIRE DISPATCH - D… 93.50
June 2026 Credit Card M and T BANK 07/06/2026 IDENTOGO - Keller A.5.3420.0470 POLICE & FIRE DISPATCH - D… 93.50
June 2026 Credit Card M and T BANK 07/06/2026 IDENTOGO - Pierce A.5.3420.0470 POLICE & FIRE DISPATCH - D… 93.50
7/2/2026 11:32:38 AM Page 4 of 10
Page 16
Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
June 2026 Credit Card M and T BANK 07/06/2026 IDENTOGO - Schrader A.5.3420.0470 POLICE & FIRE DISPATCH - D… 93.50
Vendor 10706 - M and T BANK Total: 1,175.00
Vendor: 10726 - MARTYN PRINTING & GRAPHICS INC.
00041188 MARTYN PRINTING & 07/06/2026 Window Envelopes A.5.1325.0403 VILLAGE ADMIN - OFFICE SU… 332.00
GRAPHICS INC.
Vendor 10726 - MARTYN PRINTING & GRAPHICS INC. Total: 332.00
Vendor: 10767 - MES SERVICE COMPANY LLC
2026000229-R1 MES SERVICE COMPANY LLC 07/06/2026 4 sets of turnout gear- A.5.3410.0200 FIRE DEPT - EQUIP 2026000229-R1 14,180.96
sourcewqell contract
Vendor 10767 - MES SERVICE COMPANY LLC Total: 14,180.96
Vendor: 10864 - NYSEG
1001-0310-448 5/9-6/9/26 NYSEG 07/06/2026 571 Main St 5/9-6/9/26 A.5.5182.0431 STREET LIGHTING - ELECTRIC 412.13
1001-1111-704 5/19-6/17/26 NYSEG 07/06/2026 400 Pine St 5/19-6/17/26 A.5.1640.0431 CENTRAL GARAGE - ELECTRIC 264.80
1001-1111-712 5/19-6/17/26 NYSEG 07/06/2026 Pine St 5/19-6/17/26 F.5.1620.0431 BUILDINGS - ELECTRIC 32.99
1001-3143-531 5/12-6/10/26 NYSEG 07/06/2026 Near 21 Elm St Signl 5/12- A.5.5182.0431 STREET LIGHTING - ELECTRIC 29.35
6/10/26
1001-7910-034 5/23-6/24 NYSEG 07/06/2026 Glenridge Rd 5/23-6/24 F.5.1620.0431 BUILDINGS - ELECTRIC 26.12
1003-3707-877 5/20-6/18/26 NYSEG 07/06/2026 Near 163 Main St @ Trfic Cir A.5.5182.0431 STREET LIGHTING - ELECTRIC 41.87
5/20-6/18/26
1003-3707-893 5/20-6/18/26 NYSEG 07/06/2026 Buffalo Rd @ Grey St 5/20- A.5.5182.0431 STREET LIGHTING - ELECTRIC 23.12
6/18/26
1004-1637-827 5/19-6/17/26 NYSEG 07/06/2026 33 Center St 5/19-6/17/26 A.5.3410.0431 FIRE DEPT - ELECTRIC 506.94
Vendor 10864 - NYSEG Total: 1,337.32
Vendor: 10873 - OCCUSTAR INC.
inv 16177 OCCUSTAR INC. 07/06/2026 EAFD blood testing A.5.3410.0420 FIRE DEPT - DEPT SUPPLIES 450.00
Vendor 10873 - OCCUSTAR INC. Total: 450.00
Vendor: 11390 - Partition King
2026000223-R1 Partition King 07/06/2026 HP Bathroom Partitions A.5.7140.0420 PLAYGROUNDS & REC CTRS. -…2026000223-R1 6,026.00
Vendor 11390 - Partition King Total: 6,026.00
Vendor: 11020 - SAIA COMMUNICATIONS INC.
823000574-1 SAIA COMMUNICATIONS INC. 07/06/2026 12 Radios rented for Heart of A.5.3420.0420 POLICE & FIRE DISPATCH - M… 371.40
Music
Vendor 11020 - SAIA COMMUNICATIONS INC. Total: 371.40
Vendor: 11022 - SAMMY'S CAR WASH INC
2027000321-0526 SAMMY'S CAR WASH INC 07/06/2026 May 2026 car washes A.5.3120.0460 POLICE DEPT - VEHICLE MAI… 2027000321 175.00
Vendor 11022 - SAMMY'S CAR WASH INC Total: 175.00
Vendor: 11052 - SEWING TECHNOLOGY UNIFORM
2026000220 SEWING TECHNOLOGY 07/06/2026 ELB-4444-NAVY-L * NAVY A.5.3120.0480 POLICE DEPT - UNIFORMS, B… 2026000220-R1 89.99
UNIFORM BLUE * Mens S/s Shirt
2026000220 SEWING TECHNOLOGY 07/06/2026 ELB-E7344R-NAVY-35 * NAVY A.5.3120.0480 POLICE DEPT - UNIFORMS, B… 2026000220-R1 83.99
UNIFORM BLUE * Cargo pants
Vendor 11052 - SEWING TECHNOLOGY UNIFORM Total: 173.98
7/2/2026 11:32:38 AM Page 5 of 10
Page 17
Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
Vendor: 11059 - SHERWIN-WILLIAMS CO.
2027000312 SHERWIN-WILLIAMS CO. 07/06/2026 striping paint A.5.5110.0420 STREET MAINT - ROAD MATE… 1,213.00
2027000312 SHERWIN-WILLIAMS CO. 07/06/2026 June 2026 A.5.7140.0420 PLAYGROUNDS & REC CTRS. -…2027000312 531.10
Vendor 11059 - SHERWIN-WILLIAMS CO. Total: 1,744.10
Vendor: 11067 - SIRCHIE FINGERPRINT LABS
0742825-IN SIRCHIE FINGERPRINT LABS 07/06/2026 Integrity bags 4X7 /100 A.5.3120.0470 POLICE DEPT - DEPTAL SUPPL… 32.45
0742825-IN SIRCHIE FINGERPRINT LABS 07/06/2026 Integrity bags 7.5X10.5 /100 A.5.3120.0470 POLICE DEPT - DEPTAL SUPPL… 143.68
Vendor 11067 - SIRCHIE FINGERPRINT LABS Total: 176.13
Vendor: 11106 - SUIT-KOTE CORPORATION
inv 090686 SUIT-KOTE CORPORATION 07/06/2026 asphalt grinding 2026 A.5.5112.0200 CHIPS STREET IMPROVEMEN… 14,889.50
Vendor 11106 - SUIT-KOTE CORPORATION Total: 14,889.50
Vendor: 11133 - THE HARTFORD
509153178739 THE HARTFORD 07/06/2026 Life Insurance A.5.9045.0803 LIFE INS - LIFE INS 880.00
509153178739 THE HARTFORD 07/06/2026 Life Insurance A.5.9045.0804 LIFE INS - LIFE INS-RETIREES 468.85
509153178739 THE HARTFORD 07/06/2026 Life Insurance F.5.9045.0803 LIFE INS - LIFE INS 88.00
509153178739 THE HARTFORD 07/06/2026 Life Insurance F.5.9045.0804 LIFE INS - LIFE INS-RETIREES 30.97
Vendor 11133 - THE HARTFORD Total: 1,467.82
Vendor: 11169 - TRI-COUNTY TOOL RENTAL & SALES
2027000282 TRI-COUNTY TOOL RENTAL & 07/06/2026 June 2026 A.5.1640.0420 CENTRAL GARAGE - MAINT &…2027000282 8.08
SALES
2027000282 TRI-COUNTY TOOL RENTAL & 07/06/2026 June 2026 A.5.5110.0420 STREET MAINT - ROAD MATE… 2027000282 274.27
SALES
Vendor 11169 - TRI-COUNTY TOOL RENTAL & SALES Total: 282.35
Vendor: 11226 - Verizon-Local Svc.
Multiple June 2026 Verizon-Local Svc. 07/06/2026 716-652-0319 FIRE HALL A.5.3410.0434 FIRE DEPT - TELEPHONE 40.65
ELEVATOR
Multiple June 2026 Verizon-Local Svc. 07/06/2026 716-652-0893 ELEVATOR A.5.3410.0434 FIRE DEPT - TELEPHONE 81.29
Vendor 11226 - Verizon-Local Svc. Total: 121.94
Vendor: 11234 - VILLAGE OF EA WATER
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 25-00003-00 571 MAIN - A.5.1620.0433 BUILDINGS - WATER 140.64
UPPER #2 ST
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 25-00007-00 400 Pine St EAFD A.5.1640.0433 CENTRAL GARAGE - WATER 80.68
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 25-00012-00 CIRCLE GARDEN A.5.1640.0433 CENTRAL GARAGE - WATER 127.82
CLUB
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 25-00004-00 400-419 PINE ST A.5.1640.0433 CENTRAL GARAGE - WATER 296.55
- DPW GARAGE
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 19-18370-00 33 CENTER ST A.5.3410.0433 FIRE DEPT - WATER 131.71
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 25-00010-00 166 S GROVE - A.5.7140.0433 PLAYGROUNDS & REC CTRS. -… 90.04
HAMLIN PARK
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 25-00005-00 Little Loop A.5.7140.0433 PLAYGROUNDS & REC CTRS. -… 86.67
Bathrooms Hamlin Park
7/2/2026 11:32:38 AM Page 6 of 10
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Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Payable Number Vendor Name Payable Date Description (Item) Account Number Account Name Purchase Order Number Amount
Quarterly June 2026 VILLAGE OF EA WATER 07/06/2026 25-00008-00 400 PINE ST F.5.1620.0433 BUILDINGS - WATER 86.75
WATER PLANT
Vendor 11234 - VILLAGE OF EA WATER Total: 1,040.86
Vendor: 11248 - W.B. MASON CO. INC.
262619988, CM4792283 W.B. MASON CO. INC. 07/06/2026 Water for PD/DISP 6/15/26 A.5.3120.0420 POLICE DEPT - MAINT. SERVI… 21.40
and bottle pickup
262619988, CM4792283 W.B. MASON CO. INC. 07/06/2026 Water for PD/DISP 6/15/26 A.5.3420.0420 POLICE & FIRE DISPATCH - M… 21.40
and bottle pickup
Vendor 11248 - W.B. MASON CO. INC. Total: 42.80
Vendor: 11310 - Witmer Public Safety Group Inc.
2026000185 Witmer Public Safety Group 07/06/2026 EAFD helmet shield A.5.3410.0480 FIRE DEPT - UNIFORMS 2026000185-R1 60.00
Inc.
Vendor 11310 - Witmer Public Safety Group Inc. Total: 60.00
Vendor: 11357 - WM CORPORATE SERVICES INC.
5276585-1342-1 WM CORPORATE SERVICES 07/06/2026 Curb Service CURBSIDE A.5.8160.0410 REFUSE & GARBAGE 48,759.84
INC. COLLECTIONS
5276585-1342-1 WM CORPORATE SERVICES 07/06/2026 Hand Pickup TOWN BARRELS A.5.8160.0410 REFUSE & GARBAGE 1,170.00
INC.
Vendor 11357 - WM CORPORATE SERVICES INC. Total: 49,929.84
Vendor: 11287 - WNYNETWORKS
00006634 WNYNETWORKS 07/06/2026 IT Services for May 2026 - A.5.1480.0410 PUBINFO SVCS-PUB INFO SUP… 312.50
Admin
00006634 WNYNETWORKS 07/06/2026 IT Services for May 2026 - A.5.1490.0420 PUBLIC WORKS ADMIN - MA… 375.00
DPW
00006634 WNYNETWORKS 07/06/2026 IT Services for May 2026 - A.5.3120.0420 POLICE DEPT - MAINT. SERVI… 312.50
Police
Vendor 11287 - WNYNETWORKS Total: 1,000.00
Grand Total: 310,338.90
7/2/2026 11:32:38 AM Page 7 of 10
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Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Report Summary
Fund Summary
Fund Expense Amount
A - GENERAL FUND 210,111.71
F - ENTERPRISE WATER 8,934.80
H - CAPITAL PROJECT 91,292.39
Grand Total: 310,338.90
Account Summary
Account Number Account Name Expense Amount
A.4.1255.0000 CLERK FEES 299.86
A.5.1210.0440 MAYOR - TRAINING, TR… 135.75
A.5.1325.0403 VILLAGE ADMIN - OFFICE… 464.78
A.5.1420.0410 VILLAGE ATTORNEY - C… 4,333.32
A.5.1420.0411 VILLAGE ATTORNEY - OT… 2,332.32
A.5.1480.0410 PUBINFO SVCS-PUB INFO… 1,267.03
A.5.1490.0420 PUBLIC WORKS ADMIN -… 375.00
A.5.1620.0420 BUILDINGS - MAINT & R… 385.11
A.5.1620.0433 BUILDINGS - WATER 140.64
A.5.1620.0470 BUILDINGS - DEPARTME… 522.65
A.5.1640.0420 CENTRAL GARAGE - MAI… 314.75
A.5.1640.0431 CENTRAL GARAGE - ELEC… 264.80
A.5.1640.0433 CENTRAL GARAGE - WA… 505.05
A.5.1640.0450 CENTRAL GARAGE - GAS… 5,553.06
A.5.1640.0460 CENTRAL GARAGE - VEH… 816.59
A.5.1640.0480 CENTRAL GARAGE - UNI… 426.73
A.5.3120.0420 POLICE DEPT - MAINT. S… 333.90
A.5.3120.0440 POLICE DEPT - TRAINING,… 84.56
A.5.3120.0450 POLICE DEPT - GASOLINE… 1,191.30
A.5.3120.0460 POLICE DEPT - VEHICLE … 2,595.79
A.5.3120.0470 POLICE DEPT - DEPTAL S… 1,117.73
A.5.3120.0480 POLICE DEPT - UNIFORM… 173.98
A.5.3410.0200 FIRE DEPT - EQUIP 14,180.96
A.5.3410.0420 FIRE DEPT - DEPT SUPPLI… 2,535.80
A.5.3410.0431 FIRE DEPT - ELECTRIC 506.94
A.5.3410.0433 FIRE DEPT - WATER 131.71
A.5.3410.0434 FIRE DEPT - TELEPHONE 121.94
A.5.3410.0440 FIRE DEPT - TRAINING, T… 75.00
A.5.3410.0450 FIRE DEPT - GASOLINE, O… 518.47
A.5.3410.0470 FIRE DEPT - JANITORIAL … 698.14
A.5.3410.0480 FIRE DEPT - UNIFORMS 60.00
A.5.3420.0420 POLICE & FIRE DISPATCH… 392.80
A.5.3420.0440 POLICE & FIRE DISPATCH… 73.63
7/2/2026 11:32:38 AM Page 8 of 10
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Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Account Summary
Account Number Account Name Expense Amount
A.5.3420.0470 POLICE & FIRE DISPATCH… 374.00
A.5.5110.0420 STREET MAINT - ROAD … 3,739.82
A.5.5112.0200 CHIPS STREET IMPROVE… 14,889.50
A.5.5182.0431 STREET LIGHTING - ELEC… 506.47
A.5.7140.0420 PLAYGROUNDS & REC C… 10,616.31
A.5.7140.0433 PLAYGROUNDS & REC C… 176.71
A.5.8160.0410 REFUSE & GARBAGE 49,929.84
A.5.8560.0410 SHADE TREES - CONTRA… 1,000.00
A.5.8560.0470 SHADE TREES - DEPART… 317.28
A.5.9045.0803 LIFE INS - LIFE INS 880.00
A.5.9045.0804 LIFE INS - LIFE INS-RETIR… 468.85
A.5.9060.0805 HOSPITAL & MEDICAL IN… 54,393.66
A.5.9060.0806 HOSPITAL & MEDICAL IN… 22,246.62
A.5.9061.0807 DENTAL INS - DENTAL INS 6,603.26
A.5.9062.0808 OPTICAL - OPTICAL 1,039.30
F.5.1620.0431 BUILDINGS - ELECTRIC 59.11
F.5.1620.0433 BUILDINGS - WATER 86.75
F.5.8340.0420 TRANSFS & DIST - MAINT… 687.24
F.5.8340.0490 TRANSFS & DIST - WATER… 476.00
F.5.9045.0803 LIFE INS - LIFE INS 88.00
F.5.9045.0804 LIFE INS - LIFE INS-RETIR… 30.97
F.5.9060.0805 HOSPITAL & MEDICAL IN… 5,859.45
F.5.9060.0806 HOSPITAL & MEDICAL IN… 1,043.92
F.5.9061.0807 DENTAL INS - DENTAL INS 521.31
F.5.9062.0808 OPTICAL - OPTICAL 82.05
H.5.7140.0018 PARKS & RECREATION B… 91,292.39
Grand Total: 310,338.90
Project Account Summary
Project Account Key Expense Amount
**None** 310,338.90
Grand Total: 310,338.90
7/2/2026 11:32:38 AM Page 9 of 10
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Expense Approval Report 7.6.2026 Payable Dates: 7/6/2026 - 7/6/2026 Post Dates: 7/6/2026 - 7/6/2026
Authorization Signatures
***** Certificate of Financial Officer *****
I hereby certify that the attached Voucher Listing is complete and accurate to the best
of my knowledge, and payment is hereby approved.
Signed:________________________________________ Date:__________________
7/2/2026 11:32:38 AM Page 10 of 10
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MODIFY 2026/2027 BUDGET July 6, 2026
Trustee _______, offered the following resolution and moved for its adoption:
BE IT RESOLVED, the Clerk – Treasurer is hereby authorized to modify the 2026/2027
Budget in the following manner:
Revenue – 4.3089.0000 - $ 10,000
Expenditures – Police and Fire Dispatch - equipment 5-3420.0200 - $10,000
Dispatch Technology Funding from Lorigo
The following resolution was seconded by Trustee ________ and unanimously
approved
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VILLAGE OF EAST AURORA
ERIE COUNTY, NEW YORK
BID SPECIFICATION FOR ONE 2026 POLICE SUV VEHICLE
BID SPECIFICATION FOR ONE 2027 POLICE SUV VEHICLE (UNMARKED)
Patrick W. Welch
Chief of Police
571 Main Street
East Aurora, NY 14052
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LEGAL NOTICE
PLEASE TAKE NOTICE that the Village of East Aurora is accepting sealed bids for
Police Vehicles.
Specifications for the 2026-2027 Ford Interceptor Utility Vehicles can be obtained at the
clerk’s office.
All sealed bids must be submitted prior to the bid opening on July 16, 2026, at 10:00 am
in the Village of East Aurora Municipal building 585 Oakwood Ave East Aurora NY
14052.
Bids in sealed envelopes shall be delivered to the Clerk’s office at Village Hall, 585
Oakwood Ave East Aurora, NY 14052
Please mark the sealed envelope with “Bid for Police Vehicles”
Contact Chief Welch at 716.652.1313 for questions on the bid specifications.
Please publish in 7/02/2026 edition of the East Aurora
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NOTICE TO BIDDERS:
GENERAL DESCRIPTION - This request for bids is for the purchase of one (1) 2026
Police SUV vehicle, and one (1) 2027 Police SUV (Unmarked and without spotlight and
with center console) , located at 571 Main Street, East Aurora, New York.
Any questions on bid specifications shall be directed to:
Patrick Welch, Chief of Police
571 Main St.,
East Aurora, New York 14052.
Chief Welch may be reached at:
Work: 716-652-1313
Email: [email protected]
Bids are to be delivered to:
Maureen Jerakas, Village Clerk Treasurer
Village of East Aurora
585 Oakwood Ave
East Aurora, NY 14052
Bids must be contained in a sealed envelope marked “Bids for Police vehicles”, and in
receipt of the Clerk Treasurer no later than 10:00am E.S.T. on Thursday, July 16th, 2026,
at which time they will be publicly opened and read aloud. No bids shall be received or
considered after the time stated herein.
All bids shall be submitted on the bid forms enclosed. The Village reserves the right to
accept or reject any or all bids, in whole or part, and to waive any irregularities in the
bids.
No Bidder may withdraw their bid within thirty consecutive (30) days after the date set
for the opening thereof but may withdraw same at anytime prior to the scheduled time for
the opening of bids.
The Village of East Aurora is a tax-exempt governmental entity of the State of New
York. Bidders shall not include in their bid, taxes for any vehicles to be purchased.
A complete Bid Package shall include fully executed:
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▪ Bid Form
▪ Non-Collusive Bidding Certification
Tax: No Federal, State, County or local taxes are to be included in the purchase
price. Purchases by the Village of East Aurora are exempt from these
taxes.
New and unused:
The bidder shall represent by his bid that all equipment bid is new and
unused or provide all specifics relative to equipment proposed to be
furnished.
Standard Equipment:
The successful bidder shall furnish features, which are regularly furnished
as standard with these units, but not specified. The equipment shall
conform in strength, quality of material and workmanship to that provided
by the best manufacturing and engineering practices of the industry.
Price: Price shall be net, F.O.B. point of delivery, East Aurora/Town of Aurora
Police Dept., 571 Main St, East Aurora, New York, 14052. It is required
that the equipment as specified herein, shall be delivered completely
operational. The successful bidder shall provide complete operator's
manual applicable to the equipment bid upon delivery of equipment as
specified herein. Copy of standard manufacturer's warranty shall also be
supplied.
Information to be furnished with Bids:
Bidder must submit with his bid, detailed specification sheets, circulars
and all other necessary data on the equipment he proposes to furnish.
Information to be furnished by Successful Bidders:
The successful bidder at the time of delivery, must provide to the Village
of East Aurora, a resume of specific specifications applicable solely to the
equipment being delivered and must provide detailed operating and
maintenance instructions.
Rejection of Bids:
The Village Board of the Village of East Aurora reserves the right to reject
any or all bids and to waive any informality.
Withdrawal of Bid:
No bidder may withdraw his bid within thirty (30) days after the opening
thereof but may withdraw same at any time prior to the opening thereof.
Delivery Date:
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Delivery of all equipment, complete and operational, to the Village of East
Aurora, One hundred eighty (180) Calendar days, from date of award of
bid. (Additional time will need prior approval)
Delivery Place:
The equipment is to be delivered complete, as per specifications, to the
East Aurora/Town of Aurora Police Department, 571 Main St.
East Aurora, New York 14052.
Addressing Bid:
All bids shall be submitted in sealed envelopes plainly marked: “Bids for
Police Vehicles ", and indicate the date of bid opening and time of bid
opening and addressed to:
Maureen Jerakas Clerk-Treasurer
Village of East Aurora
585 Oakwood Ave
East Aurora, New York 14052
Bid Form:
The Bid Form must be filled out completely and accompany any and all
bids. Failure to complete these forms shall be reason for disqualification of
bid.
Certificate of Compliance:
THE BIDDER SHALL ATTACH TO HIS BID A LETTER TO CERTIFY THAT THE
PRODUCT, WHICH HIS BID IS BASED UPON, WILL COMPLY WITH THE
SPECIFICATIONS IN ALL RESPECTS. IN THE EVENT THAT IT DOES NOT
COMPLY, THE BIDDER SHALL ATTACH TO HIS BID A STATEMENT LISTING
IN DETAIL THE AREA (OR AREAS) WHERE THE PRODUCT, WHICH HE
PROPOSED TO FURNISH, DOES NOT MEET THE SPECIFICATIONS.
IF NO STATEMENT IS RECEIVED, THE SUCCESSFUL BIDDER'S EQUIPMENT
SHALL BE REQUIRED TO MEET ALL THE SPECIFICATIONS. DATA SHOULD
BE PRESENTED IN SUFFICIENT DETAIL TO ENABLE THE POLICE CHIEF TO
DETERMINE WHETHER THE EQUIPMENT BID COMPLIES WITH THE INTENT
OF THE SPECIFICATIONS.
THE VILLAGE BOARD OF THE VILLAGE OF EAST AURORA, ACTING
THROUGH THE SUPERINTENDENT OF PUBLIC WORKS, SHALL BE THE SOLE
JUDGE OF EQUIVALENCIES AND WHAT IS CONSIDERED TO BE MINOR OR
MAJOR DEVIATIONS. THE VILLAGE RESERVES THE RIGHT TO WAIVE ANY
INFORMALITY AND TO REJECT ANY OR ALL BIDS.
NON-COLLUSIVE BIDDING CERTIFICATE:
Each bid or proposal shall contain a Non-Collusive Bidding Certificate in
accordance with Section 103-d of the General Municipal Law
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BID FORM
Name of Bidder: ________________________________________________________
Address of Bidder: ______________________________________________________
We, the Undersigned, agree to furnish as per specifications to the Village of East
Aurora, New York:
One (1) New and Unused 2026 Ford Police Interceptor Utility Vehicles
One (1) New and Unused 2027 Ford Police Interceptor Chief’s Package,
for the sum of:
Gross Bid: _____________________________________________
(Written Dollar Amount)
$_______________________
(Numerical Dollar Amount)
Bidder to complete the following information:
Delivery Time _______________________________________
(Specify Calendar days from receipt of order)
Make of Vehicle(s) _______________________________________
Models of Vehicle(s) _______________________________________
Model Year of Vehicle(s) _______________________________________
Attached, hereto, and properly executed is the Non-Collusive Bidding Certificate of the
Undersigned.
Dated this ______________ day of
_______________________, 2025.
(Company Name of Bidder)
_____________________________
(Signed by Authorized Representative)
SEAL
_____________________________
(If Corporation)
IMMUNITY WAIVER:
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"The vendor hereby agrees, pursuant to the provisions of Section 103-a of the
General Municipal Law, which requires that upon refusal of a person when called before
a Grand Jury, Head of a State agency, the Organized Crime Task Force in the Department
of Law, head of a City Department, or other City agency, which is empowered to compel
the attendance of witnesses and examine them under oath to testify in an investigation
concerning any transaction or contract had with the state, any political subdivision
thereof, public authority or with any public department, agency, or official of the State or
of any political subdivision thereof or of a public authority, to sign a waiver of immunity
against subsequent criminal prosecution or to answer any relevant question concerning
such transaction or contract.
(a) Such person, any firm, partnership, or corporation of which he is a
member, partner, director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving awards from or entering into any contracts with any
municipal corporation or fire district, or any public department, agency or official
thereof, for goods, work or services, for a period of five years after such refusal, and to
provide also that
(b) Any and all contracts made with any municipal corporation or any public
department, agency or official thereof on or after the first day of July 1959, or with any
fire district or any agency or official thereof on or after the first day of September, 1960,
by such person, and by any firm, partnership or corporation of which he is a member,
partner, director or officer may be cancelled or terminated by the municipal corporation
or fire district without incurring any penalty or damages on account of such cancellation
or termination, but any monies owing by the municipal corporation or fire district for
goods delivered or work done prior to the cancellation or termination shall be paid."
Company: __________________________________
__________________________________
Signed By: __________________________________
Title: __________________________________
DATE: _________________________
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NON-COLLUSIVE BIDDING CERTIFICATE
NON-COLLUSIVE BIDDING CERTIFICATIONS:
By submission of this bid, each bidder and each person signing on behalf of
any bidder certifies, and in the case of a joint bid, each party thereto certifies
as to its own organization, under penalty of perjury, that to the best of
knowledge and belief:
“(1) The prices in this bid have been arrived at independently without
collusion, consultation, communication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor.
“(2) Unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to opening, directly or indirectly, to any other bidder
or to any competitor; and
“(3) No attempt has been made or will be made by the bidder to induce any
other person, partnership, or corporation to submit or not to submit a bid for the
purpose of restricting competition.”
________________________________________________________________
NAME OF BIDDER
________________________________________________________________
AUTHORIZED SIGNATURE
________________________________________________________________
NAME & TITLE OF SIGNER (PRINTED)
DATED: _______________________
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Police Vehicle Specifications
Ford SUV Police Interceptor
General
Units shall be specifically made for police service and be of utility/SUV type vehicles.
Drive Line
Unit shall have a 3.3l V6 direct injection FFV AWD 285 horsepower, with 10 speed
transmission (136-MPH Top Speed) or approved equivalent.
Interior
Sync 4 or approved equivalent
Warranties
3 year / 36,000 Miles Bumper to Bumper
5-year/100,000-mile Powertrain Extended Service Plan (zero deductible) or equivalent
3 year/100,000 extended Premium Service Warranty w/ 1,000 + covered components
Standard Equipment (included but not limited to) (or approved equivalent)
• Brakes – Police calibrated high performance regenerative braking system
▪ 4 Wheel heavy duty disc w/ heavy duty front and rear
calipers
▪ Brake rotors – large mass for high thermal capacity and
calipers with large swept areas
• Electric power assist steering
• Power train mounts – heavy duty
• Column shifter
• Seats – Front police grade cloth – 6-way power adjustable, seatback foam
designed to comfortably accommodate a utility belt. Built in steel
intrusion plates in both front seat backs.
• Flooring – Heavy duty vinyl
• Speedometer – certified
• Consistent 11-inch space between driver and passenger seats
• Dash pass through opening for aftermarket wiring
• Wheels – Heavy duty steel, vented. Full size spare tire w/ TPMS
Options
• Tail Light Lighting Solution – Includes LED lights plus two (2) rear
integrated hemispheric light head white LED side warning lights in
taillamp (LED lights only wiring and controller not included) or approved
equivalent
• Rear Lighting Solution – Includes two (2) backlit flashing linear high-
intensity LED lights (one red/one blue) mounted to inside liftgate glass.
Includes two (2) backlit flashing linear high-intensity LED lights (one
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red/0ne blue) installed on inside lip of lift gate, lights activate when lift
gate is open; or approved equivalent.
• Dark car feature – Courtesy lamps disabled when any door is open.
• Switchable red/white lighting in cargo area
• Pre-wiring for grille LED lights, siren and speaker
• Side marker LED –sideview mirrors
• Driver side LED spot lamp
• Rear door controls inoperable
• Global lock/unlock feature – Door panel switches will lock/unlock all
doors and rear liftgate
• Mirrors –Heated sideview
• Reverse sensing system
• Noise suppression bonds
• Cloth Front Buckets / Vinyl Rear seats
• Fleet keyed
• Color White
Ford SUV Police Interceptor Unmarked
General
Unit shall be specifically made for police service and be of utility/SUV type vehicles.
Drive Line
Unit shall have a 3.3L V6 direct injection FFV AWD, with 10 speed transmission (136-
MPH Top Speed) or approved equivalent.
Interior
Equipment Group 500A approved equivalent
Warranties
3 year / 36,000 Miles Bumper to Bumper
Any other Manufacturer or Dealer warranties that come with purchase
Standard & Optional Equipment (included but not limited to) (or approved
equivalent)
• CARGO DOME LAMP
• GLOBAL LOCK/UNLOCK
• HEATED MIRRORS
• KEYLESS ENTRY FOBS
• KEYED ALIKE
• NOISE SUPPRESSION
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• CARGO VAULT
• PAINTED ALUM WHEELS
• INTERIOR UPGRADE PACKAGE
• FRONT HEADLAMP LIGHT SOLUTION
• REAR LIGHTING SOLUTION
• REVERSE SENSING SYSTEM
• CLOTH FRONT AND REAR SEATS
• REMOTE START
• BLACK EXTERIOR
**Other government agencies/entities may use this bid to piggyback**
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CABLE FRANCHISE AGREEMENT
BETWEEN
VILLAGE OF EAST AURORA
AND
SPECTRUM NORTHEAST, LLC
With assistance from:
Cohen Law Group
413 South Main Street
Pittsburgh, PA 15215
Phone: (412) 447-0130
www.cohenlawgroup.org
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TABLE OF CONTENTS
Page
SECTION 1 DEFINITIONS ...................................................................................................2
SECTION 2 GRANT OF FRANCHISE……………………………………………. ...........5
2.1 GRANT OF AUTHORITY .....................................................................5
2.2 TERM OF FRANCHISE.........................................................................5
2.3 SERVICE CLASSIFICATION AND RELATED
AUTHORITY ..........................................................................................5
2.4 REPRESENTATIONS AND WARRANTIES .......................................6
2.5 NON-EXCLUSIVITY.............................................................................6
SECTION 3 SYSTEM CONSTRUCTION, OPERATION AND
MAINTENANCE ..............................................................................................7
3.1 TECHNICAL REQUIREMENT .............................................................7
3.2 AREA TO BE SERVED .........................................................................7
3.3 CABLE SYSTEM SPECIFICATIONS ..................................................8
3.4 EMERGENCY ALERT SYSTEM .........................................................8
3.5 REPAIRS AND RESTORATION ..........................................................8
3.6 SERVICE AREA MAPS.........................................................................9
3.7 DISCONNECTION AND RELOCATION ............................................9
3.8 EMERGENCY REMOVAL OF EQUIPMENT ...................................10
3.9 TREE TRIMMING ...............................................................................10
3.10 CHANNEL CAPACITY .......................................................................10
3.11 BROADCAST CHANNELS ................................................................10
3.12 SIGNAL SCRAMBLING .....................................................................11
3.13 CONTINUITY OF SERVICE...............................................................11
3.14 PARENTAL CONTROL CAPABILITY .............................................11
SECTION 4 SUBSCRIBER SERVICE STANDARDS ......................................................11
SECTION 5 REGULATION BY THE VILLAGE .............................................................11
5.1 RESPONSIBILITY OF ADMINISTRATION .....................................11
5.2 RIGHT TO INSPECT ...........................................................................11
5.3 RESERVED AUTHORITY ..................................................................12
5.4 POLICE POWERS ................................................................................12
5.5 NO LIMITATION ON TAXING OR
FEE AUTHORITY................................................................................12
5.6 PERMITS ..............................................................................................12
5.7 SUBSCRIBER COMPAINTS REPORTS ............................................12
5.8 CONFIDENTIALITY ...........................................................................12
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SECTION 6 COMPENSATION TO THE VILLAGE .........................................................13
6.1 FRANCHISE FEES ..............................................................................13
6.2 QUARTERLY PAYMENTS ................................................................13
6.3 QUARTERLY REPORTS ....................................................................13
6.4 FRANCHISE FEE REVIEW ................................................................13
6.5 BUNDLED SERVICES ........................................................................14
SECTION 7 FREE SERVICES TO THE COMMUNITY ...................................................14
7.1 SERVICES TO COMMUNITY
FACILITIES ..........................................................................................14
7.2 PUBLICE, EDUCATIONAL AND GOVERNMENTAL
(EG) CHANNEL ...................................................................................14
SECTION 8 ENFORCEMENT, INSURANCE AND INDEMNIFICATION ....................15
8.1 VIOLATIONS AND OPPORTUNITY TO CURE ..............................15
8.2 LIQUIDATED DAMAGES ..................................................................15
8.3 REVOCATION .....................................................................................16
8.4 INSURANCE ........................................................................................16
8.5 INDEMNIFICATION ...........................................................................17
SECTION 9 MISCELLANEOUS ..............................................................................................18
9.1 FORCE MAJEURE ...............................................................................18
9.2 REMOVAL OF SYSTEM ....................................................................18
9.3 NOTICES ..............................................................................................18
9.4 EQUAL EMPLOYMENT OPPORTUNITY……..………………..…19
9.5 CAPTIONS ...........................................................................................19
9.6 GOVERNING LAW; VENUE .............................................................19
9.7 TRANSFER, ASSIGNMENT OR CHANGE
IN CONTROL .......................................................................................20
9.8 ENTIRE AGREEMENT .......................................................................20
9.9 SEVERABILITY ..................................................................................20
9.10 NO WAIVER OF RIGHTS ...................................................................20
9.11 CHANGE OF LAW ..............................................................................20
9.12 COMPLIANCE WITH LAWS .............................................................21
9.13 APPROVAL OF THE NYPSC .............................................................21
9.14 FILING OF FRANCHISE WITH THE NYSPSC ................................21
9.15 THIRD PARTY BENEFICIARIES ......................................................21
9.16 APPLICABILITY OF AGREEMENT .................................................21
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CABLE FRANCHISE AGREEMENT
This Cable Franchise Agreement (hereinafter referred to as the “Agreement”) is executed
by and between the Village of East Aurora, a Village located in Erie County, New York
(hereinafter referred to as the “Village”) and Spectrum Northeast, LLC, an indirect subsidiary of
Charter Communications, Inc. (“Charter”).
WHEREAS, pursuant to Title VI of the Telecommunications Act of 1934, as amended,
the regulations of the Federal Communications Commission (hereinafter referred to as the “FCC”)
and the rules and regulations of the New York State Public Service Commission, the Village is
authorized to grant and renew franchises to construct, operate and maintain a Cable System
utilizing Public Rights-of-Way and properties within the Village’s jurisdiction; and
WHEREAS, Charter currently holds a cable franchise from the Village by virtue of a cable
franchise agreement granted to Time Warner NY Cable, LLC, Charter’s predecessor-in-interest,
and such franchise agreement is now expired; and
WHEREAS, Charter has requested that the Village renew Charter’s franchise to maintain,
construct, operate, and maintain its Cable System over, under and along the aforesaid Public
Rights-of-Way for use by the Village’s residents; and
WHEREAS, the aforesaid Public Rights-of-Way used by Charter are public properties
acquired and maintained by the Village on behalf of the citizens of the Village, and the right to use
said Public Rights-of-Way is a valuable property right; and
WHEREAS, the Village desires to protect and manage the aforesaid Public Rights-of-
Way, establish standards of Subscriber service, maintain a technologically advanced Cable
System, receive Franchise Fees for Charter’s use of the Village’s Public Rights-of-Way as
provided by federal law, provide legal protections for the Village and Charter, and meet the current
and future cable-related needs and interests of its residents; and
WHEREAS, the Village has held a public hearing on the subject of cable franchise
renewal, including reviewing Charter’s past performance and identifying the Village’s future
cable-related community needs and interests; and
WHEREAS, the Village, after affording the public notice and opportunity for comment,
has determined that Charter has the technical ability, financial condition, and character to operate
and maintain a Cable System, and its plans for operating such System are adequate and feasible;
and
WHEREAS, the Village has determined that this Agreement and the process for
consideration of this Agreement complies with all applicable federal, state and local laws and
regulations, including the franchise standards of the New York State Public Service Commission;
and
WHEREAS, the Village, after affording the public notice and opportunity for comment,
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has determined that the public interest would be served by renewing Charter’s non-exclusive
franchise according to the terms and conditions contained herein;
NOW THEREFORE, in consideration of the mutual promises contained herein and
intending to be legally bound hereby, the Village and Charter agree as follows:
SECTION 1
DEFINITIONS
The following terms used in this franchise shall have the following meanings:
1.1 Affiliated Entity - Any corporation, partnership or other business entity that owns or
controls, is owned or controlled by, or is under common ownership or control with Charter.
1.2 Basic Service - The service tier that includes at least the retransmission of local broadcast
television signals and, to the extent required by applicable law, any Public, Educational and
Governmental (“PEG”) access channel.
1.3 Cable Act - Title VI of the Communications Act of 1934, as amended by the Cable
Communications Policy Act of 1984, the Cable Television Consumer Protection and Competitive
Act of 1992 and the Telecommunications Act of 1996, as it may, from time to time, be further
amended.
1.4 Cable Service - The one-way transmission to Subscribers of Programming or other
programming service and Subscriber interaction, if any, which is required for the selection or use
of such Programming or other programming service.
1.5 Cable System - A facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide Cable Service
which includes video Programming and which is provided to multiple Subscribers within the
Village but such term does not include (1) a facility that serves only to retransmit the television
signals of one or more television broadcast stations; (2) a facility that serves Subscribers without
using any Public Right-of-Way; (3) a facility of a common carrier which is subject, in whole or in
part, to the provisions of Title II of the Communications Act, except that such facility shall be
considered a Cable System (other than for purposes of Section 621 of the Cable Act) to the extent
that facility is used in the transmission of video Programming directly to Subscribers unless the
extent of that use is solely to provide interactive on-demand services; (4) an open video system
that complies with Section 653 of the Cable Act; or (5) any facilities of any electric utility used
solely for operating its electric utility systems.
1.6 Channel - A portion of the electromagnetic frequency spectrum which is used in a Cable
System and which is capable of delivering a television channel.
1.7 Communications Act - The federal Communications Act of 1934, as amended, and as it
may, from time to time, be further amended.
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1.8 Complaint - Written correspondence received by Charter via email, U.S. mail or courier
from a Subscriber in the Village expressing dissatisfaction with the operation of the Cable System
or expressions of dissatisfaction with Charter’s Cable System from a Subscriber in the Village that
are communicated by the Village (either in writing or otherwise) to Charter’s contact person
identified pursuant to Section 9.3.
1.9 Drop - The connection between a home or building and the Cable System.
1.10 Educational and Governmental (EG) Channel - An access channel that consists of local
educational and/or governmental programming.
1.11 Effective Date – The date upon which the New York State Public Service Commission
issues an order approving this Agreement.
1.12 Emergency - A condition that either: (1) constitutes a clear and immediate danger to the
health, welfare, or safety of the public; or (2) has caused or is likely to cause the Cable System in
the Public Rights-of-Way to be unusable and result in loss of the services provided.
1.13 FCC – The Federal Communications Commission and any successor governmental entity
thereto.
1.14 Force Majeure - Acts of God; acts of public enemies, including terrorist attacks; orders of
any kind of the government of the United States of America or the State of New York or any of
their departments, agencies, political subdivisions, or officials, or any civil or military authority;
insurrections; riots; labor strikes; epidemics; landslides; lightning; earthquakes; fires; hurricanes;
volcanic activity; storms; floods; washouts; droughts; explosions; unavailability of labor, materials
or equipment; and partial or entire failure of utilities to service, maintain or monitor their poles or
facilities to which Charter’s Cable System is attached.
1.15 Franchise - The right granted by the Village to construct, operate and maintain a Cable
System within the corporate limits of the Village as embodied in the terms and conditions of this
Agreement.
1.16 Franchise Fee - The fee that Charter remits to the Village for the use of the Village’s Public
Rights-of-Way pursuant to Section 622 of the Cable Act, 47 U.S.C. §542, and Section 6.1 of this
Agreement.
1.17 Gross Revenues - All revenue received directly or indirectly by Charter arising from,
attributable to, or in any way derived from the operation of Charter’s Cable System in the Village
to provide Cable Services as calculated in accordance with Generally Accepted Accounting
Principles (“GAAP”). Gross Revenues shall include the following:
(1) Basic Service fees;
(2) Fees charged to Subscribers for any Cable Service tier other than Basic Service;
(3) Fees charged for premium Cable Services;
(4) Fees charged to Subscribers for any optional, per-channel, or per-program Cable
Services;
(5) Fees charged for video-on-demand;
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(6) Revenue from the provision of any other Cable Service;
(7) Fees for service calls related to Cable Service;
(8) Convenience fees;
(9) Fees for installation, additional outlets, relocation, disconnection, and reconnection
for Cable Services;
(10) Inside wire maintenance fees;
(11) Change-in-service fees for video programming;
(12) Service plan protection fees related to Cable Service;
(13) Fees for payments made to customer service representatives directly;
(14) Fees for Leased Access Channels;
(15) Rental of any and all Cable Services equipment, including converters and remote
control devices;
(16) Any and all locally-derived advertising revenues less commissions paid to third
parties that are not Affiliated Entities;
(17) Revenues or commissions from locally-derived home shopping channels;
(18) Broadcast retransmission fees;
(19) Regional sports fees;
(20) Billing fees;
(21) Late payment fees related to Cable Service; and
(22) Franchise Fees.
Gross Revenues shall not include program launch fees, bad debts, investment income,
refunded deposits, or any taxes on services furnished by Charter and imposed directly upon any
Subscriber or user by the Village, state, federal or other governmental unit.
1.18 Leased Access Channel - Any Channel on Charter’s Cable System designated for use by
any entity that is unaffiliated with Charter pursuant to Section 612 of the Cable Act, 47 U.S.C.
§532.
1.19 Normal Business Hours - Those hours during which most similar businesses in the
community are open. In all cases, "Normal Business Hours" must include some evening hours at
least one night per week and/or some weekend hours.
1.20 Normal Operating Conditions - Service conditions within Charter’s service department
which are within the control of Charter. Those conditions that are not within the control of Charter
include, but are not limited to, natural disasters, civil disturbances, power outages, telephone
network outages and severe or unusual weather conditions.
1.21 Outlet - An interior receptacle that connects a television set or converter box to the Cable
System.
1.22 Person - An individual, partnership, association, organization, corporation, trust or
governmental entity.
1.23 Programming - Any video or audio signal carried over the Cable System that is generally
considered comparable to programming provided by a television broadcast station.
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1.24 Public Rights-of-Way - The surface and the area across, in, over, along, under and upon
the public streets, roads, lanes, avenues, alleys, sidewalks, bridges, highways and other rights-of-
way, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible
uses, as the same now or may thereafter exist, which are under the jurisdiction or control of the
Village.
1.25 Service Interruption - The loss of picture or sound on one or more channels resulting from
a Cable System network disruption or malfunction.
1.26 Standard Installation - Installations to residences and buildings that are located up to 150
feet from the point of connection to Grantee’s existing distribution system.
1.27 Subscriber – Any Person who is billed for and is authorized to receive Cable Service from
Charter.
SECTION 2
GRANT OF FRANCHISE
2.1 GRANT OF AUTHORITY
Pursuant to the Cable Act, the regulations of the FCC and the rules and regulations of the
New York Public Service Commission, the Village hereby grants a non-exclusive and revocable
franchise to Charter. Subject to the terms and conditions contained herein, the Village hereby
grants to Charter the right to own, construct, extend, install, operate, maintain, upgrade and rebuild
a Cable System, including such wires, cables, fiber, conductors, ducts, conduits, amplifiers,
pedestals, attachments and other equipment as is necessary and appropriate to the operation of the
Cable System in the Public Rights-of-Way, including property over which the Village has a
sufficient easement or right-of-way. Nothing in this Franchise shall be construed to prohibit
Charter from offering any service over its Cable System that is not prohibited by federal or state
law.
2.2 TERM OF FRANCHISE
The term of this Agreement shall be for a period of ten (10) years commencing on the
Effective Date, unless the Franchise is terminated prior to the expiration date in accordance with
the terms and conditions of this Agreement.
2.3 REPRESENTATIONS AND WARRANTIES
(a) Charter represents, warrants and acknowledges that, as of the Effective Date:
(1) Charter is duly organized, validly existing and in good standing under the
laws of the State of New York;
(2) Charter has the requisite power and authority under applicable law and its
by-laws and articles of incorporation and/or other organizational documents, is authorized by
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resolutions of its Board of Directors or other governing body, and has secured all consents which
are required to be obtained as of the Effective Date, to enter into and legally bind Charter to this
Agreement and to take all actions necessary to perform all of its obligations pursuant to this
Agreement;
(3) This Agreement is enforceable against Charter in accordance with the
provisions herein, subject to applicable state and federal laws and regulations;
(4) There is no action or proceeding pending or threatened against Charter that
would interfere with its performance or its ability to perform the requirements of this Agreement.
2.4 NON-EXCLUSIVITY
(a) The Franchise granted herein is non-exclusive. The Village specifically reserves
the right to grant, at any time, additional franchises for a Cable System in accordance with state
and federal law. The parties acknowledge the Level Playing Field rule set forth in 16 NYCRR
Section 895.3 which provide that “No municipality may award or renew a franchise for Cable
Service which contains economic or regulatory burdens which when taken as a whole are greater
or lesser than those burdens placed upon another cable television franchise operating in the same
franchise area.” The Village agrees that any grant of additional franchises by the Village to any
other entity to provide Cable Service shall be in compliance with that provision.
(b) If the Village grants a cable television franchise or other right to provide Cable
Service to another Person and Charter believes that its terms, when taken as a whole, provide
greater benefits or impose lesser burdens to the other Person than provided herein, then Charter
may request in writing a specific amendment or amendments to this Agreement to provide Charter
with competitive equity. The Village shall respond to Charter in writing within thirty (30) days of
receiving Charter’s request as to whether the Village accepts, rejects, or wishes to modify Charter’s
proposed amendment(s). If the Village rejects or wishes to modify the proposed amendment(s),
then the parties shall have sixty (60) days to negotiate in good faith amendment(s) to the
Agreement that are acceptable to both the Village and to Charter.
2.5 FRANCHISE SUBJECT TO FEDERAL, STATE AND LOCAL LAWS
This Franchise is subject to and shall be governed by all lawful and applicable provisions
of federal and state laws and regulations. This Franchise is further subject to all generally
applicable local laws and regulations of the Village to the extent they are not inconsistent with the
terms of this Franchise. Without waiving any of its powers, the Village agrees that, to the extent
any terms of this Agreement are inconsistent with the terms of any Village local laws or
regulations, except for any generally applicable and non-discriminatory ordinances or regulations
pursuant to the Village’s police powers, this Franchise Agreement shall control.
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SECTION 3
SYSTEM CONSTRUCTION, OPERATION AND MAINTENANCE
3.1 TECHNICAL REQUIREMENT
(a) Charter shall operate, maintain, construct, and extend the Cable System so as to
offer Cable Services to all Subscribers throughout the Village where the density requirements of
Section 3.2 are met. The Cable Service provided by the Cable System shall be delivered in
accordance with FCC standards. The Cable System shall meet or exceed any and all technical
performance standards of the FCC, the National Electrical Safety Code, and any other applicable
laws and regulations and constructions standards of the New York Public Service Commission and
the generally applicable laws, local laws and construction standards of the Village, subject to
Section 2.5 of this Agreement.
(b) Charter shall provide adequate standby power at the Cable System headend and on
its Cable System to the extent consistent with Charter’s normal operating standards. Standby
power must activate automatically upon the failure of commercial utility power.
3.2 AREA TO BE SERVED
(a) Charter shall make Cable Service available to every dwelling occupied by a person
requesting Cable Service, provided that Charter is able to obtain from the property owners any
necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act.
Charter shall extend the Cable System into all areas within the Village where there is a minimum
of twenty (20) dwelling units per cable mile of aerial cable as measured from Charter’s closest
technologically feasible tie-in point that is actively delivering Cable Service as of the date of such
request for service (the “Service Area”).
(b) Any dwelling unit within one hundred fifty (150) feet aerial distance from the main
distribution line shall be entitled to a Standard Installation rate. However, if an area does not meet
the density requirements of this Section, Charter shall only be required to extend the Cable System
to Subscribers in that area if the Subscribers are willing to share the capital costs of extending the
Cable System in accordance with the applicable provisions of Section 895.5 of the regulations of
the New York Public Service Commission. Charter may require that payment of the capital
contribution in aid of construction borne by such potential Subscribers be paid in advance.
Subscribers shall also be responsible for any Standard/non-Standard Installation charges to extend
the Cable System from the main distribution line to the residence.
(c) Charter shall not deny access to Cable Service to any group of potential residential
subscribers because of the income of the residents of the local area in which such group resides.
(d) The Village has the right to require Charter to place wires and/or equipment
underground, provided that the Village imposes such requirement on all similarly situated entities
(i.e. telephone and electric utilities). All installations of wires and/or equipment by Charter shall
be underground in those areas of the Village where the wires and/or equipment of all similarly
situated entities (i.e. telephone and electric utilities) are all underground; provided, however, that
such underground locations are capable of accommodating Charter’s facilities without technical
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degradation of the Cable System’s signal quality. Charter shall not be required to construct,
operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line
extenders, system passive devices, amplifiers, power supplies, or pedestals. In the event the Village
or any agency thereof directly or indirectly reimburses any utility for the placement of cable
underground or the movement of cable, Charter shall be similarly reimbursed.
3.3 CABLE SYSTEM SPECIFICATIONS
(a) Charter has designed, constructed and shall maintain a Cable System that has been
built for digital television standards with the capability of no fewer than one hundred fifty (150)
video channels. The Cable System shall be capable of transmitting digital television services and
signals and shall meet or exceed the technical performance standards of the FCC.
(b) Charter reserves the right to alter, adjust, modify, rebuild, upgrade, redesign, or
otherwise reconfigure the Cable System at any time during the term of the Agreement, provided
that no alteration, adjustment, modification, rebuild, upgrade, redesign or other reconfiguration of
the Cable System shall have the effect of reducing the technical capabilities of the Cable System
as set forth in Section 3.1.
(c) Charter shall construct and maintain its Cable System using materials of good and
durable quality and that all work involved in the construction, installation, maintenance, and repair
of the Cable System shall be performed in a safe, thorough and reliable manner.
3.4 EMERGENCY ALERT SYSTEM
Charter shall comply with the Emergency Alert System requirements of the FCC.
3.5 REPAIRS AND RESTORATION
(a) Whenever Charter or any of its agents, including any contractor or subcontractor,
takes up or disturbs any pavement, sidewalk or other improvement of any Public Rights-of-Way,
the same shall be replaced and the surface restored to a condition reasonably comparable to the
condition that existed before the disturbance within ten (10) business days of the completion of
the disturbance, weather permitting. If Charter fails to repair, replace or otherwise correct a Public
Right-of-Way following (10) days’ written notice by the Village, the Village may complete any
repair, replacement, restoration or other correction and invoice Charter for the documented,
reasonable cost of such repair, replacement, restoration or other correction and be reimbursed for
the same.
(b) Whenever Charter or any agent, including any contractor or subcontractor, shall
install, operate or maintain equipment, cable, or wires, it shall avoid damage and injury to property,
including structures, and improvements in and along the routes authorized by the Village. If
required for the proper installation, operation and maintenance of such equipment, cable, or wires
Charter shall promptly repair and restore any public property that is damaged as a result of
construction, installation, repair or maintenance of the Cable System within ten (10) business days,
weather permitting.
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(c) Charter’s operation, construction, repair and maintenance personnel, including all
contractors and subcontractors, shall be trained in the use of all equipment and the safe operation
of vehicles. Charter’s operation, construction, repair and maintenance personnel shall follow all
safety procedures required by all applicable federal, state and generally applicable local laws and
regulations, including the NESC. Charter shall install and maintain its wires, cables, fixtures, and
other equipment in such a manner as shall not interfere with any installations of the Village or any
public utility serving the Village.
(d) Whenever Charter or any agent, including any contractor or subcontractor, shall
disturb any pavement, sidewalk or other public property in order to perform any underground
activity, it shall utilize the New York One Call System (www.digsafelynewyork.com) prior to any
such disturbance. Charter shall adhere to any additional undergrounding requirements which the
State of New York may establish in the future. Charter shall adhere to all requirements of 16
NYCRR Part 753, Protection of Underground Facilities.
(e) All structures and all lines, equipment and connections in, over, under, and upon
Public Rights-of-Way, wherever situated or located, shall at all times be kept and maintained in a
safe and suitable condition and in good order and repair in accordance with customary industry
standards and practices.
3.6 SERVICE AREA MAPS
Within thirty (30) days of a written request, Charter shall make available to the Village for
inspection a complete set of Charter service area maps of the Village on which shall be shown
those areas in which its facilities exist and the location of all streets. Charter shall make such maps
available to the Village for inspection within thirty (30) days of a written request and after
execution of an appropriate non-disclosure agreement. All information provided shall be exclusive
of Drops. The Village agrees to treat such maps as confidential because they constitute proprietary
information.
3.7 DISCONNECTION AND RELOCATION
(a) Charter shall, upon receipt of reasonable advance written notice not less than ten
(10) business days, protect, support, temporarily disconnect, relocate, or remove any property of
Charter when lawfully required by the Village pursuant to its police powers. Charter shall be
responsible for any costs associated with these obligations to the same extent all other users of the
Village’s Public Rights-of-Way are responsible for the costs related to the relocation of their
facilities.
(b) In requiring Charter to protect, support, temporarily disconnect, relocate or remove
any portion of its property, the Village shall treat Charter the same as, and require no more of
Charter than, any similarly situated entity. Charter shall have the right to seek reimbursement
under any applicable insurance or government program for reimbursement.
(c) Charter shall, at the request of any Person holding a lawful permit issued by the
Village, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the
Public Rights-of-Way as necessary any property of Charter, provided that the expense of such
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action is paid by any such Person benefiting from the relocation and Charter is given reasonable
advance written notice to prepare for such changes. Charter may require such payment in advance.
For purposes of this subsection, “reasonable advance written notice” shall be no less than ten (10)
business days in the event of a temporary relocation and no less than one hundred twenty (120)
days for a permanent relocation.
(d) Reimbursement of Costs. If funds are available to any Person using the Public
Rights-of-Way for the purpose of defraying the cost of any of the foregoing, Charter shall be
included by the Village for such funds in the same manner in which other Persons affected by the
requirement are included. If the funds are controlled by another governmental entity, the Village
shall cooperate with any efforts by Charter to make application for such funds on behalf of Charter.
3.8 EMERGENCY REMOVAL OF EQUIPMENT
(a) If, at any time, in case of fire or other disaster in the Village, it shall be necessary,
in the reasonable judgment of the Village or its agent, to cut or move any of the wires, cable or
equipment of the Cable System, the Village shall have the right to do so without cost or liability,
provided that, wherever possible, the Village shall give Charter notice and the ability to relocate
wires, cable or other equipment.
(b) In cutting or moving any of the wires, cable or equipment of the Cable System in
the event of fire or other disaster, the Village shall treat Charter the same as, and require no more
of Charter than, any other similarly situated entity. Charter shall have the right to seek
reimbursement under any applicable insurance or government program for reimbursement.
3.9 TREE TRIMMING
Charter, or its agents, including contractors and subcontractors, shall have the authority to
trim trees upon and overhanging the Public Rights-of-Way so as to prevent the branches of such
trees from coming in contact with the wires, cables, or other equipment of Charter. Charter shall
comply with any generally applicable, non-discriminatory tree trimming and/or tree removal local
laws enacted by the Village, if any.
3.10 CHANNEL CAPACITY
Charter shall meet or exceed programming and channel capacity requirements set forth in
this Agreement and required by federal and state law and regulations.
3.11 BROADCAST CHANNELS
To the extent required by federal law, Charter shall provide all Subscribers with Basic
Service. All such signals shall be delivered to Subscribers in accordance with FCC technical
specifications.
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3.12 SIGNAL SCRAMBLING
Charter shall at all times comply with FCC regulations regarding scrambling or other
encryption of audio and video signals.
3.13 CONTINUITY OF SERVICE
Subscribers shall continue to receive Cable Service from Charter provided their financial
and other obligations to Charter are honored. Subject to Force Majeure provisions in Section 9.1,
Charter shall use its best efforts to ensure that all Subscribers receive continuous, uninterrupted
service. For the purpose of construction, routine repair or testing of the Cable System, Charter
shall use its best efforts to interrupt service only during periods of minimum use. Such periods
shall, where reasonably practicable, be scheduled from midnight to 6 a.m., unless in the case of
Emergency.
3.14 PARENTAL CONTROL CAPABILITY
Pursuant to Section 641 of the Cable Act, Charter shall allow Subscribers the use of
parental control devices.
SECTION 4
SUBSCRIBER SERVICE STANDARDS
Charter shall comply with the customer service standards as set forth in Chapter VIII, Part
890 of the Rules and Regulations of the New York Public Service Commission (“NYPSC”), as
amended, and Title 47, Section 76.309 of the Regulations of the FCC, as amended.
SECTION 5
REGULATION BY THE VILLAGE
5.1 RESPONSIBIITY OF ADMINISTRATION
The Mayor, or his or her designee, shall be responsible for the continuing administration
of this Franchise.
5.2 RIGHT TO INSPECT
(a) The Village shall have the option to inspect, all documents, records and other pertinent
information maintained by Charter which relate to the terms of this Agreement and which are
reasonably necessary to ensure compliance with the terms therein. Upon thirty (30) business days
of a written request, and execution of a non-disclosure agreement if documents and records are
confidential in nature, Charter shall provide the Village with copies of such documents and
records.
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(a) In addition, Charter shall maintain for inspection by the public and the Village all
records required by the FCC and as specified in 47 C.F.R. § 76.1700 in the manner specified
therein.
5.4 RESERVED AUTHORITY
The Village reserves the regulatory authority arising from the Cable Act and any other
applicable federal or state laws or regulations. Nothing in this Agreement shall remove, restrict or
reduce the Village’s authority, rights and privileges it now holds, or which hereafter may be
conferred upon it, including any right to exercise its police powers in the regulation and control of
the use of the Public Rights-of-Way.
5.5 POLICE POWERS
Charter's rights under this Agreement are subject to the police powers of the Village to
adopt and enforce general laws and regulations necessary for the safety and welfare of the public,
provided such regulations are reasonable, are not materially in conflict with the privileges granted
in this Agreement and are consistent with all federal and state laws, rules, regulations and orders.
5.6 NO LIMITATION ON TAXING OR FEE AUTHORITY
Nothing in this section or in this Agreement shall be construed to limit the authority of the
Village to impose any lawful tax, fee or assessment of general applicability. Subject to applicable
law, such taxes, fees or assessments shall be in addition to Franchise Fees to the extent consistent
with applicable law.
5.7 PERMITS
Charter shall apply to the Village for all generally-applicable required permits and shall not
undertake any activities in the Public Rights-of-Way subject to a permit without receipt of such
permit, the issuance of which shall not be unreasonably withheld by the Village and shall be
administered in a competitively neutral and non-discriminatory manner. Charter shall not be
required to obtain permits for Cable Service Drops for individual Subscribers or for servicing or
installation of pedestals or routine maintenance that does not disturb surface grade or impact
vehicular traffic. Subject to applicable law, Charter shall pay any and all required permit fees.
5.8 SUBSCRIBER COMPLAINT REPORTS
Within thirty (30) days of a written request, Charter shall submit to the Village a report
showing the number of complaints relating to Cable Service originating from the Village and
received during the previous 12-month reporting period, the dates they were received, and
summary description of the complaints.
5.9 CONFIDENTIALITY
To the extent permitted under New York law, the Village shall maintain as confidential
any information provided to it by Charter under the terms of this Franchise that Charter has
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designated in writing as confidential. In the event that the Village believes at any time that it is
required by law to disclose such information to a third party, the Village will so notify Charter at
a time prior to such disclosure that affords Charter a reasonable opportunity to take such action as
it deems necessary to prevent such disclosure, including seeking relief in court.
SECTION 6
COMPENSATION TO THE VILLAGE
6.1 FRANCHISE FEES
Charter shall pay to the Village an annual amount equal to five percent (5%) of the annual
Gross Revenues derived from the operation of its Cable System to provide Cable Service in the
Village. Charter shall not deduct or otherwise credit against the Franchise Fee any tax, fee or
assessment of general applicability unless allowed by applicable law, unless allowed by applicable
law.
6.2 QUARTERLY PAYMENTS
Franchise Fee payments to the Village under this provision shall be computed at the end of
each calendar quarter, transmitted by electronic funds transfer to a bank account designated by the
Village. Such payments shall be made within forty-five (45) days following the end of each
calendar quarter. Specifically, payments shall be due and payable on or before May 15 (for the
first quarter), August 15 (for the second quarter), November 15 (for the third quarter), and February
15 (for the fourth quarter). In the event that any undisputed Franchise Fee payment is not made
on or before the date by which it is due, then interest calculated at the then-current prime rate, as
published by the Wall Street Journal, shall be added to the amount of Franchise Fee revenue due
to the Village. The interest rate shall be applied as described from the date such Franchise Fee
payment was originally due. No acceptance of any payment shall be construed as an accord that
the amount paid is in fact the correct amount, nor shall acceptance of any payment be construed as
a release of any claim the Village may have for additional sums payable under this Agreement.
6.3 QUARTERLY REPORTS
Within ten (10) days of the Franchise Fee payment, Charter shall provide a written report
containing an accurate statement of Charter’s Gross Revenues received for Cable Services for each
calendar quarter and showing the basis for the computation of fees. Upon request, Charter shall
provide a more detailed report containing line items for sources of revenue received and the
amount of revenue received from each source.
6.4 FRANCHISE FEE REVIEW
(a) Not more than once every three (3) years, the Village shall have the right to conduct
a Franchise Fee review or audit of Charter’s records reasonably related to the sources, amounts,
and computation of Gross Revenues. Any such review or audit shall occur within seventy-two
(72) months from the date the Village receives such payment, after which period any such payment
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shall be considered final. Within forty-five (45) days of a written request, Charter shall provide
the Village with copies of financial records related to the Franchise Fee review or audit.
(b) In the event of an alleged underpayment, the Village shall provide Charter with a
written statement indicating the basis for the alleged underpayment. Charter shall have thirty (30)
days from the receipt of the statement regarding an alleged underpayment to provide the Village
with any written objection to the results of the Franchise Fee review, including any substantiating
documentation. Based on this exchange of information, the Village and Charter shall confer to
attempt to determine the amount of the underpayment, if any. If the Village and Charter are unable
to agree on an amount of the underpayment, then either party may submit the dispute to mediation,
arbitration, or litigation.
(c) Any undisputed Franchise Fee payment due to the Village as a result of the
Franchise Fee review shall be paid to the Village by Charter within forty-five (45) days of the date
the parties agree on the amount of the underpayment, in accordance with the terms set forth in a
separate settlement agreement executed by Charter and the Village. If the matter is submitted to
mediation, arbitration, or litigation Charter shall pay any underpaid amount plus interest within
sixty (60) days from the final disposition of such action.
6.5 BUNDLED SERVICES
If Cable Services subject to the Franchise Fee required by this Agreement are provided to
Subscribers in conjunction with non-Cable Services for a single aggregate price, the Franchise Fee
shall be applied to the portion of the aggregate price attributed to Cable Services. It shall be the
obligation of Charter to maintain its books and attribute the revenues to Cable Services consistent
with GAAP and Charter shall not make such attribution to avoid Franchise Fees.
SECTION 7
FREE SERVICES TO THE COMMUNITY
7.1 SERVICES TO COMMUNITY FACILITIES
Upon the Effective Date, Charter will offer, without charge and on a voluntary basis, one
cable service Drop and Basic Cable Service (or equivalent) with any necessary equipment for
viewing to one outlet at each Village facility listed on Exhibit A, provided that the locations are
located up to one hundred fifty (150) feet from Charter’s existing distribution system. To the extent
Charter management ceases its voluntary municipal service program, Charter will provide the
Village with 90 days’ notice of its intent to cease the program.
7.2 PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) CHANNEL
The Village reserves the right to obtain, within one year of a written request, channel
capacity from Charter for non-commercial, video programming for public, educational and
governmental (“PEG”) access use in accordance with Section 611 of the Cable Act and Section
895.4 of the NYPSC regulations and will comply with the minimum standards set forth therein.
The tier of service on which such PEG Channel(s) may be placed shall be determined by Charter
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in accordance with applicable law. The Village shall be responsible for the content, scheduling,
and administration of the PEG Channel(s), and may delegate such functions, or a portion of such
functions, to a designated access provider.
SECTION 8
ENFORCEMENT, INSURANCE AND INDEMINIFICATION
8.1 VIOLATIONS AND OPPORTUNITY TO CURE
(a) If the Village has reason to believe that Charter violated any material provision of
this Agreement, it shall notify Charter in writing of the nature of such violation, the section(s) of
this Agreement that it believes has been violated and the details relating thereto. Subject to
applicable law, if the Village does not notify Charter of any violation of this Agreement, it shall
not operate as a waiver of any rights of the Village hereunder or pursuant to applicable law.
(b) Charter shall have thirty (30) days to cure such violation after written notice is
received by taking appropriate steps to comply with the terms of this Agreement. If the nature of
the violation is such that it cannot be fully or reasonably cured within thirty (30) days, the period
of time in which Charter must cure the violation shall be extended in writing for such additional
time necessary to complete the cure, provided that Charter shall have promptly commenced to cure
and is diligently pursuing its efforts to cure or other remedies available under applicable law.
8.2 LIQUIDATED DAMAGES
(a) Because Charter’s failure to comply with material terms of this Agreement may
result in harm to the Village, and because it will be difficult to measure the extent of such injury,
the Village may assess liquidated damages against Charter in the specific amounts set forth below:
1. Failure to satisfy the technical requirements set forth in Section 3.1 of the
Agreement - $200 per day;
2. Failure to file, obtain, or maintain the insurance coverage required under
Section 8.4 of the Agreement - $200 per day; and
3. Failure to repair and/or restore damage to Town property as required by
Section 3.5 - $200 per day;
(b) Before the Village may impose any liquidated damages set forth above, it must
provide Charter notice and an opportunity to cure the alleged violation in accordance with Section
8.1. The Village shall provide Charter with written notice that it intends to assess liquidated
damages as a remedy. Such damages shall be an exclusive remedy for the time period in which
they are assessed; provided, however, they shall not be a substitute for specific performance by
Charter or legal action by the Village once assessment of liquidated damages ceases, but shall be
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in addition to such specific performance or legal action. Nothing herein is intended to allow
duplicative recovery from or payments by Charter or its surety.
(c) The first day for which liquidated damages may be assessed, if there has been no
cure after the end of the applicable cure period, shall be the date after the end of the applicable
cure period, including any extension of the cure period granted by the Village. Liquidated damages
may not be assessed for a time period exceeding one hundred twenty (120) days per violation. The
Village may commence revocation proceedings and/or initiate an action in law or equity in a court
of competent jurisdiction after the assessment of liquidated damages or in lieu of liquidated
damages.
(d) The amount of all liquidated damages per annum shall not exceed twenty-four
thousand dollars ($24,000) in the aggregate. With respect to liquidated damages, all similar
violations or failures from the same factual events affecting multiple Subscribers shall be assessed
as a single violation, and a violation or failure may only be assessed under any one material term.
8.3 REVOCATION
(a) In addition to the other rights, powers and remedies retained by the Village under
this Agreement, the Village reserves the separate and distinct right to revoke this Franchise if:
(1) It is demonstrated that Charter practiced any fraud or deceit upon the
Village in the operation of its Cable System or any other activities pursuant to this Agreement; or
(2) Charter repeatedly violates, after notices and opportunities to cure, one or
more of the material terms or conditions of this Agreement.
(b) A violation of a material term or condition of the Franchise shall not be grounds for
revocation if the violation occurs without the fault of Charter or occurs as a result of circumstances
beyond its control or by reason of Force Majeure as defined in Section 9.1. Charter shall not be
excused from the performance of any of its obligations under this Franchise by mere economic
hardship or by the misfeasance or malfeasance of its directors, officers or employees.
(c) A revocation shall be declared only by a written decision of the Common Council
after an appropriate public hearing that shall afford Charter due process and full opportunity to be
heard. This shall include the ability to introduce evidence, to question witnesses and to respond
to any notice of grounds to terminate in accordance with the standards of a fair hearing applicable
to administrative hearings in the State of New York. All notice requirements shall be met by
providing Charter at least thirty (30) days prior written notice (via certified mail-return receipt
requested) of any public hearing concerning the proposed revocation of this franchise. Such notice
shall state the grounds for revocation. The Village, after a public hearing and upon finding the
existence of grounds for revocation, may either declare this franchise terminated or excuse such
grounds upon a showing by Charter of mitigating circumstances or good cause for the existence
of such grounds. The Village shall issue such declaration and finding within thirty (30) days in a
written decision which shall be sent via certified or overnight mail to Charter. Charter may appeal
such determination to an appropriate court of competent jurisdiction. Notwithstanding the
foregoing, nothing in this Agreement, including the enforcement provisions set forth in this Section
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8.2, shall prevent Charter from filing at any time a legal action in any permissible court seeking a
declaration or enforcement of Charter’s rights or obligations under the Franchise. Charter may
continue to operate the Cable System until all legal appeals procedures have been exhausted.
8.4 INSURANCE
(a) Charter shall obtain and maintain, in full force and effect, at its sole cost and
expense, during the Franchise term, the following minimum insurance coverage with an insurance
company that is authorized to conduct business in New York and which has an A.M. Best rating
(or equivalent) no less than A-minus VII, insuring the Village from and against any and all claims
for injury or damage to persons or property, both real and personal, caused by the construction,
installation, reconstruction, operation, maintenance or removal of the Cable system by Charter in
the following amounts:
(1) The amount of such insurance against liability for damage to property shall
be no less than One Million Dollars ($1,000,000) as to any one (1) occurrence.
(2) The amount of such insurance against liability for injury or death per
occurrence shall be no less than One Million Dollars ($1,000,000).
(3) The amount of such insurance for excess liability shall be Three Million
Dollars ($3,000,000) in umbrella form.
(4) The amount of such insurance against all claims arising out of the operation
of motor vehicles and general tort or contract liability shall be One Million Dollars ($1,000,000).
(b) The Village, its officials and employees, shall be designated as additional insureds
under each of the insurance policies required in this Section 8.4.
(c) Charter shall not cancel any required insurance policy without obtaining alternative
insurance in conformance with this Section 8.4 and without submitting insurance certificates to
the Village verifying that Charter has obtained such alternative insurance. Charter shall provide
the Village with at least thirty (30) days prior written notice in the event there is an adverse material
change in coverage or the policies are cancelled or not renewed.
(d) Charter shall deliver to the Village Certificates of Insurance showing evidence of
the required coverage within thirty (30) days of the Effective Date of the Agreement, upon request
by the Village.
8.5 INDEMNIFICATION
(a) Charter shall indemnify, defend, save and hold harmless the Village, its elected
and appointed officials, officers, agents and employees acting in their official capacities, from
claims for injury, loss, liability, cost or expense to the extent caused by or connected with the
construction, installation, upgrade, reconstruction, operation, maintenance or removal of the Cable
System or any other equipment or facilities of Charter. The Village shall give Charter timely
written notice of its obligation to indemnify and defend the Village within fifteen (15) days of
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receipt of a claim or action pursuant to this section. The obligation to indemnify, defend, save and
hold the Village harmless shall include, but not be limited to, the obligation to pay judgments,
injuries, liabilities, damages, and penalties. If the Village determines that it is necessary for it to
employ separate counsel, in addition to that provided by Charter, the cost for such separate counsel
shall be the responsibility of the Village. Charter shall not indemnify the Village for any claims,
damages or liability to the extent resulting from acts of willful misconduct or negligence on the
part of the Village or its officials, officers, agents and employees.
(b) In order for the Village to assert its right to be indemnified and held harmless pursuant
to subsection (a) above, the Village must (1) timely notify Charter of any claim or legal proceeding
which gives rise to such right as specified in subsection (a) above; (2) afford Charter the
opportunity to participate in and fully control any compromise, settlement, resolution or
disposition of such claim or proceeding; and (3) fully cooperate in the defense of such claim and
make available to Charter all such information under its control relating thereto.
SECTION 9
MISCELLANEOUS
9.1 FORCE MAJEURE
If for any reason of Force Majeure, Charter is unable in whole or in part to carry out its
obligations hereunder, Charter shall not be deemed in violation of this Agreement during the
continuance of such inability. Charter shall inform the Village within thirty (30) days after receipt
of a request from the Village as to whether Charter has determined that a condition of Force
Majeure exists.
9.2 REMOVAL OF SYSTEM
(a) Upon lawful termination or revocation of this Agreement, Charter shall remove its
supporting structures, poles, transmissions and distribution systems and other appurtenances from
the Public Rights-of-Way in, over, under, or along which they are installed and shall restore the
areas to their original condition. If such removal is not completed within six (6) months of such
lawful denial of renewal or revocation, the Village or property owner may deem any property not
removed as having been abandoned and the Village may remove it at Charter’s cost.
(b) During the term of the Agreement, if Charter decides to abandon or no longer use
all or part of its Cable System, it shall give the Village written notice of its intent at least ninety
(90) days prior to the announcement of such decision, which notice shall describe the property and
its location. Upon abandonment of the Cable System by Charter, the Village shall have the right
to require i) Charter to remove the property, ii) leave the property in place, iii) remove the property
itself and charge Charter with the costs related thereto, or iv) transfer ownership of the property to
the Village’s designee, provided fair market value is paid to Charter.
(c) Notwithstanding the above, Charter shall not be required to remove its Cable System,
or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of
revocation, denial of renewal, or any other lawful action to forbid or disallow Charter from
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providing Cable Services, if the Cable System is actively being used to facilitate any other services
not governed by the Cable Act.
9.3 NOTICES
Every notice or payment to be served upon or made to the Village shall be sent to:
Village of East Aurora
585 Oakwood Avenue
East Aurora, NY 14052
Attention: Village Clerk
The Village may specify any change of address in writing to Charter. Every notice to be
served upon Charter shall be sent to:
Charter Communications
95 Methodist Hill Dr.
Rochester, NY 14623
Attn: Director, Government Affairs
With a copy to:
Charter Communications
601 Massachusetts Ave., NW, Suite 400W
Washington, DC 20001
Attention: VP, Local Government Affairs & Franchising
Charter may specify any changes of address in writing to the Village. Each delivery to
Charter or the Village shall be equivalent to direct personal notice, direction or order, and shall be
deemed to have been given at the time of receipt.
9.4 EQUAL EMPLOYMENT OPPORTUNITY
Charter is an equal opportunity employer and shall comply with all applicable federal and
state laws and regulations regarding equal opportunity employment. Additionally, Charter shall
not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any
person in compensation or in terms, conditions or privileges of employment because of age, race,
creed, color, national origin or sex.
9.5 CAPTIONS
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The captions for sections throughout this Agreement are intended solely to facilitate
reading and reference to the sections and provisions of this Agreement. Such captions shall not
affect the meaning or interpretation of this Agreement.
9.6 GOVERNING LAW; VENUE
This Agreement shall be governed and construed by and in accordance with the laws of the
State of New York. If suit is brought by a party to this Agreement, the parties agree that trial of
such action shall be vested exclusively in the state courts of New York, County of Erie, or in the
United States District Court for the Western District of New York.
9.7 TRANSFER OR ASSIGNMENT
The ownership or control of the Franchise granted hereunder shall not be transferred or
assigned without the prior written consent of the Village, such consent not to be unreasonably
withheld or delayed. No such consent shall be required, however, for: 1) a transfer to an entity
controlling, controlled by, or under common control of Charter; or 2) a transfer in trust, by
mortgage, by other hypothecation, or by assignment of any rights, title, or interest of Charter in
the Franchise or Cable System to secure indebtedness. Within thirty (30) days of receiving a
request for review covered by this Section, the Village shall notify Charter in writing of any
additional information it reasonably requires to determine the legal, financial and technical
qualifications of the transferee. If the Village has not taken action on Charter’s request for
approval of the transfer within one hundred twenty (120) days after receiving such information,
consent by the Village shall be deemed given.
9.8 ENTIRE AGREEMENT
This written instrument contains the entire agreement between the parties, supersedes all
prior agreements or proposals whether written or oral except as specifically incorporated herein,
and cannot be changed without written amendment approved by both the Village and Charter. This
Agreement supersedes all prior cable franchise agreements or cable ordinances, or parts of cable
franchise agreements or cable ordinances, that are in conflict with the provisions herein. This
Agreement may be amended only by the mutual consent of the Village and Charter and in
accordance with the regulations of the New York Public Service Commission. Any amendment
must be in writing and executed by the Village and Charter.
9.9 SEVERABILITY
If any section, provision or clause of this Agreement is held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, or is pre-empted by federal or state laws or
regulations, such section, provision or clause shall be deemed to be severable from the remaining
portions of this Agreement and shall not affect the legality, validity or enforceability of the
remaining portions of this Agreement.
9.10 NO WAIVER OF RIGHTS
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No course of dealing between the Village and Charter, nor any delay on the part of the
Village in exercising any rights hereunder, shall operate as a waiver of any such rights of the
Village or acquiescence in the actions of Charter in contravention of such rights, except to the
extent expressly waived by the Village.
9.11 CHANGE OF LAW
In the event there is a change in a federal or state statute or regulation applicable to the
Cable System or to this Agreement, the Village and Charter shall, upon the written request of either
party, agree to amend this Agreement to comply with the change in statute or regulation.
9.12 COMPLIANCE WITH LAWS
Charter shall comply with all federal and state laws and regulations.
9.13 APPROVAL OF THE NEW YORK STATE PUBLIC SERVICE COMMISSION
All terms and conditions contained herein are subject to the approval of the New York
State Public Service Commission.
9.14 FILING OF FRANCHISE WITH NEW YORK STATE PUBLIC SERVICE
COMMISSION
Charter shall file this Agreement and other requisite information with the New York State
Public Service Commission requesting operating authorization within sixty (60) days of the
Village’s acceptance.
9.15 THIRD-PARTY BENEFICIARIES
Nothing in this Agreement is or was intended to confer third-party beneficiary status on
any person other than the parties to this Agreement to enforce the terms of this Agreement.
9.16 APPLICABILITY OF AGREEMENT
All of the provisions in this Agreement shall bind Charter, the Village and their respective
successors and assigns. This Agreement is authorized by Resolution No.______ dated
_____________, 2023 of the Village.
WITNESS our hands and official seals to this Cable Franchise Agreement.
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VILLAGE OF EAST AURORA
By:
Name:
Title:
Date:
SPECTRUM NORTHEAST, LLC
By: Charter Communications, Inc., Its Manager
By: _______________________________________
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
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EXHIBIT A
VILLAGE LOCATIONS FOR CABLE TELEVISION SERVICE
1. East Aurora DPW - 400 Pine Street, East Aurora NY 14052
2. East Aurora Fireman’s Field - 400 Pine Street, East Aurora NY 14052
3. East Aurora Village Hall - 585 Oakwood Ave, East Aurora NY 14052
4. East Aurora Police Department - 571 Main Street, East Aurora NY 14052
5. East Aurora Fire Department - 33 Center Street, East Aurora NY 14052
6. East Aurora Ambulance – 33 Center Street, East Aurora NY 14052
7. East Aurora Emergency Center – 33 Center Street, East Aurora, NY 14052
8. East Aurora Public Safety Dispatch Office – 571 Main Street, East Aurora,
NY 14052
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Page 89
Page 90
ERIE COUNTY DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
95 Franklin Street
Buffalo, New York 14202
PERMIT TO INSTALL, ALTER OR RELOCATE
TRAFFIC SIGNS, SIGNALS OR MARKINGS
The undersigned hereby requests permission to furnish, install and maintain all way stop
control signage at the intersection of Center Street (CR 33) and South Street (CR 112) in the
Village of East Aurora.
As a condition of granting this permit, it is agreed that:
1. The applicant shall furnish the necessary parts, equipment, traffic signs or signals and
pay all costs of installation, maintenance and operation.
2. The STOP sign (MUTCD R1-1) sign faces shall be a minimum size of 30” x 30” and ALL
WAY subplaques (MUTCD R1-3P), and installed on the right shoulder of the road at each
approach.
Stop Ahead Warning signs (MUTCD W3-1) sign faces shall be a minimum size of 30” x
30”, and installed in advance of the STOP sign assemblies on each approach per
MUTCD guidance.
The signs shall be erected with breakaway posts in accordance with Erie County
Highway Standard Specifications, the National MUTCD, and State Supplement to the
NMUTCD.
3. All signals shall be suspended centrally over the pavement, with a minimum clearance of
15 to 17 feet.
4. All signs, signals or markings covered by this permit shall conform to the standards and
future revisions of the National Manual on Uniform Traffic Control Devices.
5. The work authorized by this permit shall be performed under the supervision and to the
satisfaction of the Deputy Commissioner of Public Works - Highways of Erie County.
6. Traffic shall be maintained; and traffic and public shall be properly protected at all times
during the progress of the work authorized by this permit.
Page 91
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7. All portions of the highway or street which may be disturbed during the progress of the
work authorized by this permit shall be restored to their original condition.
8. The applicant hereby agrees that it will keep insured during the performance of the above
described work, such employees as are required to be insured under the provisions of
Chapter 41 of the Laws of 1914 and acts amendatory thereof, known as the Workmen's
Compensation Law.
9. The applicant agrees to maintain the sign, signal or marking and any equipment or
necessary parts thereof in good condition, and in a manner which will not constitute a
hazard to traffic.
10. The applicant hereby agrees to hold the County harmless on account of damages of any
kind which may arise during the progress of the work authorized by this permit, or by
reason thereof, including any damage that may result from failure of signal to operate at
any time.
11. This permit is revocable at the discretion of the Deputy Commissioner of Public Works -
Highways after a hearing and for due cause.
The person executing this application on behalf of the applicant certifies that he has full authority
to execute this application, and if the applicant is a village, town or school board, he has
annexed hereto a certified copy of a resolution by such body, authorizing him to make this
application.
Dated:
(Name of authority requesting permit)
By:
(Title)
APPROVED UNDER CHAPTER 63, SECTION 136, OF THE LAWS OF 1936
Dated:
DEPUTY COMMISSIONER DPW - HIGHWAYS
Page 92
Resolution of the Village of East Aurora of a Determination of Non-Significance pursuant
to the State Environmental Quality Review Act (SEQRA) in the matter of the Rezoning
Application for 270 Quaker Road, to rezone from General Manufacturing (GM) to General
Residential (GR) for development as a senior housing project for individuals age 55 and older.
WHEREAS, the applicant has filed Part 1 of the Short Environmental Assessment Form (SEAF) with
this Board, a copy of which is included by reference and made a part hereof, relating to the proposed
project at 270 Quaker Road, East Aurora, New York, wherein the applicant, Young Development, and
WHEREAS, the Village Planning Commission, after carefully and fully reviewing the application,
including the Rezoning attached thereto, with any and all amendments and modifications, and
considering comments and documentation presented for and against the project, voted in the majority
recommending approval, with findings; and
WHEREAS, the Village SEQRA Intake Committee carefully and fully reviewed Part 1 of the SEAF
submitted by applicants, including the Rezoning attached thereto, and the above-referenced
amendments and modifications; and
WHEREAS, the Village SEQRA Intake Committee, after their review of the above, prepared Parts 2
and 3 of the SEAF with a recommendation of the issuance of the Negative Declaration of Environmental
Significance for submission to, and consideration by, the Village Board; and
WHEREAS, the Village Board of Trustees, upon taking an independent hard look and reasoned
evaluation of the above-referenced information, comments and written documentation, including, but
not limited to, Part 1 of the SEAF; comments, recommendations, findings and conditions of the Planning
Commission, the Rezoning and the recommendation of the SEQRA Intake Committee and that
Committee’s completed Parts 2 and 3 of the SEAF concerning the potential environmental impacts of
the project; all of which are incorporated by reference herein; and
WHEREAS, the Village Board, upon carefully and fully reviewing all the information, comments and
written documentation in regard to the project, made a finding that there are no significant
environmental impacts.
NOW, THEREFORE, BE IT RESOLVED, that the Village Board of East Aurora as Lead Agency has
determined that the proposed action described in the SEAF, submitted by the applicants, for the site
plan proposed to rezone from General Manufacturing (GM) to General Residential (GR) for
development as a senior housing project for individuals age 55 and older at 270 Quaker Road, as
detailed in the revised Rezone Application dated January 23, 2026, and as is classified as an Unlisted
Action and therefore issues a Negative Declaration, that this development will not have a significant
environmental impact and a Draft Environmental Impact Statement will not be required nor prepared.
The foregoing resolution was duly made by Trustee ___________ and seconded by Trustee
__________________________ and carried on June 15, 2026.
Page 93
Resolution of the Village Board of East Aurora Approving
The Rezone Application for 270 Quaker Road, applicant Young Development, to rezone
from General Manufacturing (GM) to General Residential (GR) for development as a
senior housing project for individuals age 55 and older.
WHEREAS, an application has been submitted for Rezoning Approval at the above-referenced property
by applicant Young Development, represented by Sean Hopkins,
WHEREAS, the Village Board referred the rezone to the Planning Commission for review, comment, and
recommendation, and the Planning Commission resolution, recommending site plan approval, with
findings and conditions; and
WHEREAS, the Village’s SEQRA Intake Committee considered the application and reviewed Part 1 of
the Short Environmental Assessment Form submitted by the applicant and completed Part 2 and Part 3
thereof on behalf of the Village, and it was the recommendation of the SEQRA Committee and approved
by the Village Board as a Negative Declaration, including that the proposed development plan is a
Unlisted Action and would have no significant environmental impact; and
WHEREAS, the Village Board at a public meeting reviewed and considered further the comments and
all written materials submitted by the applicant and all other information and recommendations before
the Board, including minutes of prior Village Board meetings and the recommendations from the
SEQRA Intake Committee and Planning Commission, and the referral and response from the Erie
County Division of Planning declaring: No Recommendation; proposed action has been reviewed and
determined to be of local concern; and
WHEREAS, the Village Board received and considered the Site Plan, the above-referenced upgrades,
and any and all amendments thereof; and
WHEREAS, the Village Board has separately considered the environmental impacts of the project,
declared itself Lead Agency and issued a Negative Declaration of environmental significance, with the
proposal classified as a Unlisted Action.
NOW, THEREFORE, BE IT RESOLVED, by the Village Board as follows:
1. The Findings of Fact of the SEQRA Intake Committee, the resolution with findings of the Planning
Commission, and the site plan application, all information included in the minutes taken in relation
to the above-mentioned Village Board and Planning Commission meetings, are herein
incorporated by reference, including the following findings of the Planning Commission:
Findings:
i. As proposed, the project is inconsistent with the current Comprehensive Plan for the Village of
East Aurora.
ii. The proposed use is not inconsistent with certain surrounding land uses in the vicinity of the
project site.
iii. The applicant is willing to accept legally binding restrictions limiting the property exclusively to
the proposed senior housing subdivision, including the incorporation of a reversion clause.
iv. While the project would benefit the applicant, the applicant has demonstrated through a market
study that there is a need for market-rate senior housing in the area.
v. The applicant has proposed market-rate senior housing and has not proposed affordable
housing, workforce housing, public amenities, or other community benefits tied specifically to
the requested rezoning.
vi. The parcel could potentially be developed more consistently with its current zoning designation
as an office or medical park; however, the agent for API Delevan stated that there is limited
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market demand for such uses.
vii. The Town's recently completed Comprehensive Plan prioritizes general residential (GR)
development in the areas that are already served by sanitary sewers, while also noting that few
such sites in the Town are suitable for developments of this size.
viii. The applicant has demonstrated that adequate downstream sanitary sewer capacity exists to
serve the proposed development.
ix. The applicant has determined that the proposed project will have only a minor impact on traffic.
x. The proposed project is consistent with the Comprehensive Plan in that it would increase the
variety of housing types available within the Village.
xi. The proposed project is viewed as better addressing the Village's current housing needs than
the uses permitted under the current zoning designation.
Conditions:
xii. The project shall be limited exclusively to market-rate senior housing for residents aged 55 and
older.
xiii. Condition 1 shall be incorporated as a deed restriction on the property.
xiv. A reversion clause shall be included in the deed providing that the property shall revert to its
current zoning classification if the preceding conditions are not satisfied.
2.
The Resolution of the Village Board considering the environmental impacts of the project and the
issuance of a Negative Declaration of Environmental Significance is incorporated herein by
reference.
3. The Rezoning relating to the proposed project at 270 Quaker Road, East Aurora, New York,
wherein the applicant proposes to rezone from General Manufacturing (GM) to General
Residential (GR) for development as a senior housing project for individuals age 55 and older, as
detailed on documents submitted with the revised application dated January 23, 2026, is hereby
approved and is subject to the following additional conditions:
a.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
4. The resolution is effective immediately, approving the issuance of a development and construction
permit as hereinbefore set forth, subject to compliance with all applicable federal, state, and local
laws and codes.
The foregoing resolution was duly made by Trustee ___________ and seconded by Trustee
__________________________ and carried on June 15, 2026.
Page 95
Resolution of the Village of East Aurora of a Determination of Non-Significance
Pursuant to the State Environmental Quality Review Act (SEQRA) in the matter of
the Minor Subdivision Application for 270 Quaker Road, to subdivide approximately
11.05 acres from the existing 15.40-acre parcel
WHEREAS, the applicant has filed Part 1 of the Short Environmental Assessment Form (SEAF) with
this Board, a copy of which is included by reference and made a part hereof, relating to the proposed
project at 270 Quaker Road, East Aurora, New York, wherein the applicant, Young Development, and
WHEREAS, the Village Planning Commission, after carefully and fully reviewing the application,
including the Subdivision attached thereto, with any and all amendments and modifications, and
considering comments and documentation presented for and against the project, voted in the majority
recommending approval, with findings; and
WHEREAS, the Village SEQRA Intake Committee carefully and fully reviewed Part 1 of the SEAF
submitted by applicants, including the Subdivision attached thereto, and the above-referenced
amendments and modifications; and
WHEREAS, the Village SEQRA Intake Committee, after its review of the above, prepared Parts 2 and
3 of the SEAF with a recommendation of the issuance of the Negative Declaration of Environmental
Significance for submission to, and consideration by, the Village Board; and
WHEREAS, the Village Board of Trustees, upon taking an independent hard look and reasoned
evaluation of the above-referenced information, comments and written documentation, including, but
not limited to, Part 1 of the SEAF; comments, recommendations, findings and conditions of the Planning
Commission, the Subdivision and the recommendation of the SEQRA Intake Committee and that
Committee’s completed Parts 2 and 3 of the SEAF concerning the potential environmental impacts of
the project; all of which are incorporated by reference herein; and
WHEREAS, the Village Board, upon carefully and fully reviewing all the information, comments and
written documentation in regard to the project, made a finding that there are no significant
environmental impacts.
NOW, THEREFORE, BE IT RESOLVED, that the Village Board of East Aurora as Lead Agency has
determined that the proposed action described in the SEAF, submitted by the applicants, for the
subdivision proposed to subdivide approximately 11.05-acres from the existing 15.40-acre parcel at
270 Quaker Road, as detailed in the revised Subdivision Application dated January 23, 2026, is
classified as an Unlisted Action and therefore issues a Negative Declaration, that this development will
not have a significant environmental impact and a Draft Environmental Impact Statement will not be
required nor prepared.
The foregoing resolution was duly made by Trustee ___________ and seconded by Trustee
__________________________ and carried on June 15, 2026.
Page 96
Resolution of the Village Board of East Aurora Approving
The Subdivision Application for 270 Quaker Road, applicant Young Development, to
subdivide approximately 11.05 acres from the existing 15.40-acre parcel.
WHEREAS, a revised application dated January 23, 2026, has been submitted for Subdivision Approval
at the above-referenced property by applicant Young Development, represented by Sean Hopkins,
WHEREAS, the Village Board referred the subdivision to the Planning Commission for review, comment,
and recommendation, and the Planning Commission resolution, recommending site plan approval, with
findings and conditions; and
WHEREAS, the Village’s SEQRA Intake Committee considered the application and reviewed Part 1 of
the Short Environmental Assessment Form submitted by the applicant and completed Part 2 and Part 3
thereof on behalf of the Village, and it was the recommendation of the SEQRA Committee and approved
by the Village Board as a Negative Declaration, including that the proposed development plan is a
Unlisted Action and would have no significant environmental impact; and
WHEREAS, the Village Board at a public meeting reviewed and considered further the comments and
all written materials submitted by the applicant and all other information and recommendations before
the Board, including minutes of prior Village Board meetings and the recommendations from the
SEQRA Intake Committee and Planning Commission, and the referral and response from the Erie
County Division of Planning declaring: No Recommendation; proposed action has been reviewed and
determined to be of local concern; and
WHEREAS, the Village Board received and considered the Subdivision, the above-referenced upgrades,
and any and all amendments thereof; and
WHEREAS, the Village Board has separately considered the environmental impacts of the project,
declared itself Lead Agency and issued a Negative Declaration of environmental significance, with the
proposal classified as an Unlisted Action.
NOW, THEREFORE, BE IT RESOLVED, by the Village Board as follows:
1. The Findings of Fact of the SEQRA Intake Committee, the resolution with findings of the Planning
Commission, and the site plan application, all information included in the minutes taken in relation
to the above-mentioned Village Board and Planning Commission meetings, are herein
incorporated by reference, including the following findings of the Planning Commission:
Findings:
i. As proposed, the project is inconsistent with the current Comprehensive Plan for the Village of
East Aurora.
ii. The proposed use is not inconsistent with certain surrounding land uses in the vicinity of the
project site.
iii. The applicant is willing to accept legally binding restrictions limiting the property exclusively to
the proposed senior housing subdivision, including the incorporation of a reversion clause.
iv. While the project would benefit the applicant, the applicant has demonstrated through a market
study that there is a need for market-rate senior housing in the area.
v. The applicant has proposed market-rate senior housing and has not proposed affordable
housing, workforce housing, public amenities, or other community benefits tied specifically to
the requested rezoning.
vi. The parcel could potentially be developed more consistently with its current zoning designation
as an office or medical park; however, the agent for API Delevan stated that there is limited
market demand for such uses.
Page 97
vii. The Town's recently completed Comprehensive Plan prioritizes general residential (GR)
development in the areas that are already served by sanitary sewers, while also noting that few
such sites in the Town are suitable for developments of this size.
viii. The applicant has demonstrated that adequate downstream sanitary sewer capacity exists to
serve the proposed development.
ix. The applicant has determined that the proposed project will have only a minor impact on traffic.
x. The proposed project is consistent with the Comprehensive Plan in that it would increase the
variety of housing types available within the Village.
xi. The proposed project is viewed as better addressing the Village's current housing needs than
the uses permitted under the current zoning designation.
Conditions:
xii. The project shall be limited exclusively to market-rate senior housing for residents aged 55 and
older.
xiii. Condition 1 shall be incorporated as a deed restriction on the property.
xiv. A reversion clause shall be included in the deed providing that the property shall revert to its
current zoning classification if the preceding conditions are not satisfied.
2. The Resolution of the Village Board considering the environmental impacts of the project and the
issuance of a Negative Declaration of Environmental Significance is incorporated herein by
reference.
3. The Subdivision relating to the proposed project at 270 Quaker Road, East Aurora, New York,
wherein the applicant proposes to subdivide approximately 11.05 acres from the existing 15.40-
acre parcel, as detailed on documents submitted with the application, is hereby approved and is
subject to the following additional conditions:
a.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
4. The resolution is effective immediately, approving the issuance of a development and construction
permit as hereinbefore set forth, subject to compliance with all applicable federal, state, and local
laws and codes.
The foregoing resolution was duly made by Trustee ___________ and seconded by Trustee
__________________________ and carried on June 15, 2026.