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Sidewalk Cafe Permit/Regulations Adopted by Village Board

By Jennie Acklin

At a special meeting of the Village of Ellicottville’s board Wednesday evening, May 18, 2016, sidewalk cafes and the annual reorganizational appointments were on the agenda.

During the May 9, 2016 Village board meeting, Jim Carls of Dina’s Restaurant and Judy Roush of Tips Up Cafe proposed that they and other village restaurants be permitted to serve alcoholic beverages with meals at their outdoor tables during late spring and summer.

Existing Local Law #2 from 2006 allows such service. Per state law, the service area must be cordoned off and five feet of sidewalk must be left available for pedestrians and wheelchairs.

At the May 18, 2016 meeting, a draft document – “Village of Ellicottville – Sidewalk Cafes – Permit/Regulations” – was presented to the board. Two hours of point-by-point review took place, and several revisions were made. Village Attorney Bob Simon will be submitting those revisions in a final document by Friday, May 20.

Carls and Dina Dipasquale of Dina’s restaurant were in attendance, as was Roush of Tips Up Cafe and Dominic Spicola of the Winery of Ellicottville. Questions about how the permit process would take place, whether food only or alcohol only could be consumed under the permit, as well as several other logistical issues were heard by the board.

It was concluded that any person or corporation may operate a sidewalk cafe within the Village of Ellicottville on the Village sidewalk immediately adjacent to the applicant’s place of business upon obtaining a permit from the Village, beginning as soon as this summer.

Sidewalk cafes will be permitted from May 1 through September 30. Consumption of alcoholic beverages on or at any sidewalk cafe will be allowed from 11:00 a.m. (noon on Sundays) to 11:00 p.m. daily. Open container law notices will be posted at each cafe reminding patrons that Village law prohibits anyone leaving the restaurant with their beverages.

Rogan Reappointed Planning Board Chair

Mayor Burrell opened the reorganizational meeting at 8:43 p.m. The Village of Ellicottville’s board formally reappointed Nancy Rogan as chairperson for the Village Planning Board and to the Comprehensive Planning Committee.

During the meeting, the board went through a long list of items that require annual authorization. The board designated its official depositories and newspapers (including the Ellicottville Times) and set its regular board meetings to be held on the second Monday of each month at 6 p.m.

The following individuals were reappointed to their posts: Deputy Mayor Greg Cappelli, Village Clerk and Village Treasurer Mary J. Klahn, DPW Superintendent Harold Morton, Water Operator Kevin Morton, Sewer Operator Gerard Stokes, Acting Village Justice Kathleen Moriarty, Village Court Clerk Mary Schuster, Registrar of Vital Statistics and Deputy Registrar Mary J. Klahn, Village Attorney Bob Simon of Backhaus & Simon, Village Engineer and Village Planner Nussbaumer & Clarke, Inc., and Village Accountant R.A. Mercer.

Mayor John Burrell and Village Clerk Mary J. Klahn were empowered to pay certain bills without board approval in order to make prompt payments to avoid penalties or late fees.

Board Member Patra Lowes resigned her position as chair of the Special Events committee. Burrell will temporarily take the position until a permanent committee chair is appointed.

The board approved the annual salaries and pay rates of all elected officials and employees of the village and compensation for members of the village’s planning, zoning and assessment review boards.

A number of procedural and organizational items also were authorized. Policies regarding village investments, procurement and employment were approved.

A complete document is available at the Village Clerk’s office for review.

The next regular meeting of the Village Board will be held on Monday, June 13 at 6 p.m. in the village/town hall. All are welcome.

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