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At the annual meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, April 10, 2001, at 7:00 P.M. there were:
PRESENT
Mayor Michael Doster, Trustee Edward Barber, Trustee Ginger Comstock, Trustee Rich Kosmerl, Trustee Frank Wood, Superintendent of Public Works Larry Kilburn
ALSO PRESENT
Police Chief John Laird, Judy Kessler - Arcade Herald, Inc., Gordon Cramer, William Erick, Gregory Schuyler, Sheri Bell-Beyer, William and John Beyer, Hugh Ely, Dave Dutton, Cheryl Parker, Neil Williams, George Francis, Greg Landis, Bill Landahl, Robert & Teresa Donohue, Kathleen Dear - Stuart Brown Associates
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was published in the Arcade Herald on the 29th day of March 2000 and the same posted on the 29th day of March 2001.
OATH OF OFFICE
Clerk-Treasurer Joanne Offers administered the oath of office to Mayor Michael Doster, Trustee Rich Kosmerl, Trustee Frank Wood and Village Justice Sheri Bell-Beyer.
ANNUAL APPOINTMENTS
The following annual appointments made by Mayor Doster were approved upon motion by Trustee Kosmerl, seconded by Trustee Comstock and unanimously carried:
Clerk-Treasurer Joanne E. Offers
Deputy Clerk-Treasurer Janet R. Payne
Deputy Mayor Frank Wood
Acting Village Justice J. Kirby Colling
Village Assessors Michael Doster
Ginger Comstock
Budget Officers Larry A. Kilburn
Joanne E. Offers
Fire Inspector Frank Wood
Zoning Officer Marvin Zielonka
Enforcement Officer Under the Multiple Residence Law and Assistant Zoning Officer Larry A. Kilburn
Fair Housing Officer Michael R. Doster
Registrar of Vital Statistics Joanne E. Offers
Deputy Registrar Janet R. Payne
Official Depository M&T Bank
Bank of Castile
Fleet Bank
Wyoming County Bank
Official Newspaper Arcade Herald, Inc.
Regular Meeting Nights 1st & 3rd Tuesdays 7:00 p.m.
Departments
Highway and Park Michael Doster
Water and Sewer Rich Kosmerl
Electric Ginger Comstock
Finance Michael Doster
Fire Department Liaison Ed Barber
Police Department Liaison Frank Wood
Planning Board Meeting Nights 2nd Wednesday 7:00 p.m.
Zoning Board of Appeals 3rd Monday 7:00 p.m.
RESOLUTION OF MEETINGS
The following resolution was offered by Deputy Mayor Wood and seconded by Trustee Kosmerl:
RESOLUTION
WHEREAS, there is to be held during the coming official year the following meetings:
a. Annual Meeting and Training School conducted by the New York Conference of Mayors and Other Municipal Officials for municipal officials;
b. Three meetings of the Wyoming County Village Association;
c. Monthly meetings of the Mutual Aid Group made up of executives from County Police Agencies;
d. Quarterly meetings of the WNY Chiefs Association;
e. Semi-annual and Annual Meeting of the Municipal Electric Utilities Association;
f. Meetings of the Arcade Merchant’s Committee;
g. Semi-annual and Annual meeting of the New York Municipal Power Agency;
h. Meetings of the Western New York Association of Villages;
i. New York State Conference of Mayors and other Municipal Officials Municipal Officials’ Workshop;
j. Monthly meetings of the Sexual Abuse Response Team;
k. Semi-annual meetings of the Law Enforcement/Emergency Mental Health Services Task Force;
l. Monthly meetings of the Family Violence Committee;
m. Monthly meetings of the Alternatives to Incarceration Committee, and
WHEREAS, it is determined by the Board of Trustees that attendance by certain municipal officials and employees at one or more of these meetings, conference or schools benefits the municipality;
NOW, THEREFORE BE IT RESOLVED:
Section 1. That the Mayor, Deputy Mayor, Trustees, Superintendent, Clerk-Treasurer, Deputy Clerk-Treasurer, Chief of Police and Police Sergeant are hereby authorized to attend the aforesaid meetings.
Section 2. That this resolution shall take effect immediately.
The aforesaid resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Rich Kosmerl Aye
Trustee Frank Wood Aye
ADJOURN
There being no further business to come before the board at the annual meeting, the meeting duly adjourned at 7:09 p.m. upon motion by Mayor Doster and seconded by Trustee Comstock.
BUDGET HEARING
The budget hearing on the proposed 2001-2002 budget followed the annual meeting.
PUBLIC HEARING – PROPOSED 2001-2002 VILLAGE BUDGET
Mayor Doster read the following budget summary on the proposed 2001-2002 Village Budget.
The Sewer Budget balances with expenses and revenues at $472,171. In addition to the required funding for the normal day to day operations of the sewer system and the wastewater treatment plant, the budget includes funds for required repairs to the North Street Lift Station ($2,000) and the West Street Lift Station ($7,000), repairs to certain manhole frames and covers, the purchase of composting equipment ($85,800), repairs to the aeration piping and some miscellaneous small equipment (ladders and a trash pump) at the Wastewater Treatment Plant. We are also planning to
Set aside $20,000 for the replacement of blacktop in the driveway and sludge beds in the 2002-2003 fiscal year. The cost for the composting equipment is being offset by a 50% grant from the New York State Department of Environmental Conservation. The grant also includes an additional $150,000 for expenses incurred during the treatment plant upgrade a few years ago. (The contracts for the grants have been signed and returned to the DEC, the funds have not been received.)
The Water Budget includes expenses and revenues of $384,755. The following tasks are included for work this year: rate study ($7,000), installing a meter on the overflow from the Lower Reservoir, installing new screens on the feed lines from the Upper and Lower Springs and installing two new fire hydrants (one near Taylor Pohlman and one at the end of the main on East Main Street). The balance of the year will be spent performing routine maintenance, such as operating all main line valves. We will also be examining the rate structure for the Water Department and may recommend changes. Decisions from the Pioneer School Board and the Cattaraugus County Legislators concerning the requested tax relief for properties located in the Town of Freedom have not been favorable. We will explore other approaches to have the taxes paid to Cattaraugus County and to Pioneer School reduced or eliminated.
The Electric Budget balances at $5,103,952. In addition to routine maintenance on the substations, work scheduled this year includes: removing the 15,000 gallon fuel oil tank located behind the Village Office, replacing the windows and one door in the Village Board Room ($15,500), replacing the telephone system ($11,000), replacing the radio system ($3,400), replacing the brush chipper (1/2 paid from the composting grant), replacing one pick up truck and replacing one bucket truck. Substation work includes routine inspections and relay testing. Also included in the budget is approximately $146,000 for additional meters, poles, wire, transformers and the miscellaneous line materials that will be needed for the line work throughout the upcoming year.
The General Fund balances at $1,491,767 with at 3.48% increase in the tax rate ($10.04 per $1,000 assessed value as compared to last years rate of $9.70).
The fire and ambulance budgets are increased from $112,063 to $118,291. The increase is to cover the cost of OSHA required interior fire fighting equipment and required Advanced Life Saving supplies.
The Police and Justice budgets are up approximately $44,000 due to the expense of a new car and a $42,850 grant for the purchase of a mobile emergency command center and a vehicle to tow it (there is an offsetting revenue from a grant and from the sale of a vehicle that reduces the local share to about $1,400.
The Streets and Parks budget is about $45,000 less than last year. This is due to less money being placed into equipment replacement reserve, a lower truck payment than last year, less money being spent on trees and fewer storm sewer projects. Street work for this fiscal year includes rebuilding a section of North Street, placing an asphalt overlay on Park Street extension, Mill Street and Steele Avenue, replacing certain sections of sidewalk and making storm sewer improvements on Deacon Drive and Edward Street.
The Youth Recreation budget is up $7,728 to cover the cost of two additional workers (that are no longer available from the County) and to provide an expanded program. The Town of Arcade is increasing their contribution to the Village for their share of the program costs.
We have included the local share ($31,750) for the purchase and removal of the homes on the corner of Water Street and Main Street that are located in the flood plain (the entire project cost is $127,000).
There are changes to the revenue sources also. The budget includes raising the price of the garbage tags from $1.00 to $1.25. Should sales remain the same as previous years, this will generate about $11,000 per year. The Town of Arcade has agreed to pay an additional $4,300 toward the cost of the summer youth program and $900 in additional rent fees.
Mayor Doster opened the Public Hearing form comments, concerns and questions.
Fire Chief George Francis stated that there was nothing in the budget for building maintenance. Superintendent Kilburn stated that this year there was some confusion as to how much was left in the fire department's budget and it was felt that there was money enough to do the repairs this year. Carmody roofing is going to give us an estimate on repairs to the roof but right now there is no money in the budget for that. We originally had $10,000 in the budget but through the process that was eliminated. We originally had money in the current year's budget for the repairs but the fire department purchased interior fire fighting equipment with that money. The estimate that is being obtained is for repairs not for replacing the roof, as Carmody Roofing did not feel that the roof needed replaced. They will go over the seams and around the top edge.
Neil Williams stated that fixing the seams wouldn't take care of the standing water problem.
Superintendent Kilburn stated that the standing water is finding a way in. Carmody Roofing suggested two things. The first was the seam repair job. The second thing to look at is putting in an interior drain. Instead of having the downspouts on the outside of the building put roof drains on the inside above the ceiling. This would be a long-term fix. It looks as though there is some low spots in front of the scuffers.
Fire Chief Francis stated that the faces on the outside blocks keep popping off - mainly on the west wall. He was informed that there was money already allocated in this year's budget for repairs on the blocks.
Mayor Doster stated that before we spend a lot of money on this building patching and repair have you given anymore thought to expanding your facility?
Chief Francis informed the board that he had met with Superintendent Kilburn and will have to meet with the Zoning Officer to find out just what can be done. One story - two story. Will need to find out what they can do before they get any estimates.
Dave Dutton asked how many full time employees there were and was informed that there were 34.
Hugh Ely asked the Mayor to expand on the mobile emergency command center - what is it and why we need it. Mayor Doster stated that as part of the grant we are going for to help cost justify the dollars members of the Police Department decided it would be the ideal situation to have a mobile command post. It wouldn't just be used for a mobile command post, that wouldn't be the soul purpose so that it would not just sit for all that time. It will also be used for whatever projects they have DARE programs to Trade Shows and a multitude of different uses for it. After the last flood we looked at the cost that would be associated with establishing a command post in the existing fire hall and by the time we ran the related telephone lines, cable lines for the radios and so forth, bought the equipment, bought the computer it would be around $10,000 just for that. After discussion it was felt it might be better to have a mobile unit that could serve a multitude of functions but most importantly it could serve as a mobile command post if something happened that we could not get to the fire hall. If the grant is approved the total cost to the village is $1,400. Nothing will be purchased if the grant is not approved. The grant includes an SUV to pull the trailer, which will replace one of the present police cars so we are not adding to the fleet at all.
Gordon Cramer asked if the garbage tags have gone up yet or is this just contemplated? He was informed not until June 1st. He then asked if the garbage contract had gone up in price? He was informed that it had not. He was informed that the increase was to generate additional revenues to keep the tax rate down. He asked if the tags were working as well as the orange bags. Mayor Doster stated that he hadn't heard any complaints. Mr. Cramer stated that some garbage is being picked up without tags, which the board was not aware of. Superintendent Kilburn stated that there are several Waste Management employees that live in the Village and their garbage is picked up without the tags as a benefit.
Mr. Cramer asked about the windows in the board room being replaced and the possibility of shaving $5,000 off the budget. He was informed that the electric department owns this building and the windows are being paid by them.
Mayor Doster stated that we have to do maintenance on the buildings from time to time so that they do not fall into disrepair. We are making an attempt to get the building up to acceptable levels without spending a great deal of money.
William Erick commented that lots of you have had or are in jobs that have retirement or will have. He wasn't in such a great retirement program. He receives so much retirement and so much social security that remains the same every year. Longevity runs in his family so he should live another 25 years. If the gas, electric, insurance, school taxes, town and county taxes and village taxes keep going up just a hair every year for the next 20 years I'm going to be in the poor house. That's why some of us request that you keep the taxes down if you can because some of us it hurts. Every year the taxes go up I get poorer. I moved back into this village because it’s the place where I started from and I like it here but you could run me out with increased taxation. You are going to go where you are taxed the least, where you can live better. You are hurting older people, as their income is not increasing each year.
Trustee Wood asked Dave Dutton if there was a reason for asking about the number of employees and he stated that when he added them up he thought there was more.
Trustee Wood told Mr. Erick that he felt everyone on the board wanted to keep taxes to a minimum but seeing no tax increases for the next 20 years seems - are their exemptions - senior citizens or veterans.
Veteran's exemptions and elderly exemptions were discussed. Veteran's exemptions are set at the higher end of the amounts allowed by the state and the elderly exemption is for anyone making less than $12,000 per year.
Greg Landis asked if a letter had been received from Len Connelly that stated the firemen had voted unanimously to rescind the firemen's exemption for village firemen. They want to give it back to the village. They felt that is wasn't fair as the firemen from the Town of Arcade and the Town of Freedom didn't get a break on their taxes and that it only amounted to approximately $5.00 a year per firemen. They felt it cost more in paperwork than it was worth. They were informed that it is state law and that a notice must be sent. If the firemen don't elect to take advantage of the exemption then they don't have to return the paperwork.
Their being no further questions or comments regarding the budget motion was made by Deputy Mayor Wood, seconded by Trustee Kosmerl and unanimously carried the budget hearing be closed.
REGULAR MEETING
The regular meeting of the Board of Trustees followed the Annual Meeting and the Public Hearing on the Proposed 2001-2002 Budget.
APPROVE MINUTES
Motion by Trustee Barber and seconded by Mayor Doster the minutes from a regular meeting held on March 21, 2001 and a special meeting held on March 27, 2001 be approved as presented. The motion was approved by the following vote:
Mayor Michael Doster Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Rich Kosmerl Abstain
Trustee Frank Wood Aye
LOAN REQUEST RD CONTROLS AND MECHANICAL, LLC
Motion by Trustee Barber, seconded by Mayor Doster and unanimously carried approval of a loan application in the amount of $30,000 be granted to RD Controls and Mechanical, LLC at 6.5%(fixed) for 5 years, six months. Approval is conditioned upon successful completion of the environmental review of the project and approval by HUD of a program amendment to permit the use of the EDLP funds for this purpose.
The following resolution was offered by Mayor Doster and seconded by Deputy Mayor Wood:
RESOLUTION
WHEREAS, the Village of Arcade has received funding under the 1996 Small Cities Program to implement an economic development program to assist local businesses to expand and create new employment opportunities for residents; and
WHEREAS, one of the businesses originally approved to received assistance under the program has decided not to proceed with its project; and
WHEREAS, the Small Cities Program funds allocated for the project are available for other eligible economic development activities; and
WHEREAS, the Village has promoted the availability of the Small Cities Program and encouraged local businesses to apply for assistance; and
WHEREAS, the Village has received an application from RD Controls and Mechanical, LLC, a local manufacturing firm, for $30,000 in loan assistance to provide working capital to facilitate the expansion of the firm's operations; and
WHEREAS, the Loan Review Committee has reviewed the application and supporting documentation and has recommended approval of the loan request, subject to certain terms and conditions; and
WHEREAS, the Village Board of Trustees has accepted the Loan Review Committee’s recommendations and authorized preliminary approval of the loan request; and
WHEREAS, as this activity was not specified as part of the initial application to HUD for assistance under the CDBG-Small Cities Program, a program amendment will be required prior to the implementation of this activity; and
WHEREAS, the Village has conducted a public hearing to inform the public about the proposed action and to offer opportunities to comment on the proposal; and
WHEREAS, no opposition to the proposal was expressed at the public hearing; and
WHEREAS, the Village has determined that the project is necessary and appropriate to achieve CDBG program objectives.
NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Arcade approves the proposed amendment to the 1996 Small Cities Program to provide economic development assistance to RD Controls and Mechanical, LLC; and
BE IT FURTHER RESOLVED that the Mayor is authorized to submit a formal request for approval of this program amendment to HUD.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Rich Kosmerl Aye
Trustee Frank Wood Aye
ENVIRONMENTAL IMPACT STATEMENT
The following resolution was offered by Mayor Doster and seconded by Trustee Kosmerl:
RESOLUTION
RESOLVED, that in accordance with the New York State Environmental Quality Review Act (SEQR), the Village Board of the Village of Arcade hereby designates itself to serve as lead agency to coordinate the environmental review of the following activity to be undertaken within the Village:
Provision of an economic development loan in the amount of up to $30,000 to RD Controls and Mechanical, LLC for working capital to facilitate the expansion of the operations of business.
This activity will be undertaken through the economic development loan fund created under the Village’s 1996 Small Cities Program.
In its capacity as lead agency, the Village Board has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the project. The Village Board hereby accepts the environmental assessment of this project, prepared by Stuart I. Brown Associates, Inc. The Village Board further declares that, based on the environmental assessment which has been prepared, it finds that the project will result in no significant damage to the environment. Therefore, the Village Board has determined that an Environmental Impact Statement will not be required and hereby issues a Negative Declaration under SEQR for the project.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Rich Kosmerl Aye
Trustee Frank Wood Aye
EMPLOYEE ASSISTANCE PROGRAM AGREEMENT
The following resolution was offered by Deputy Mayor Wood and seconded by Trustee Comstock:
RESOLUTION
WHEREAS, the Village of Arcade recognizes the need to assist its employees and their families in resolution of personal difficulties that may impact job performance or their general sense of well-being, and
WHEREAS, Employee Services, Inc. provides an Employee Assistance Program that has Program Promotional Material, On-Site Seminars, DOT Required Substance Abuse Evaluations, On-Site Trauma Response Services, Unlimited Telephone Counseling and Referral and 24 Hour, 7 day a week, toll free access,
NOW, THEREFORE, Be It Resolved, that Mayor Michael Doster be authorized to enter into an Employee Assistance Program Agreement with Employee Services, Inc. for the period June 1, 2001 through May 31, 2002.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Rich Kosmerl Aye
Trustee Frank Wood Aye
RESOLUTION 2001 UNITED WAY CAMPAIGN
The following resolution was offered by Mayor Doster and seconded by Trustee Kosmerl:
RESOLUTION
WHEREAS, The United Way of Wyoming County raises needed funding for vital services provided by a number of human service agencies to residents of Wyoming County, and
WHEREAS, The United Way has a 2001 campaign goal of $300,000 (Three Hundred Thousand Dollars) for these needed services to county residents: now, therefore, be it
RESOLVED, That the Village Board of Arcade does hereby approve of and support the 2001 United Way Campaign, and encourages municipal employees, and county residents and employers to make an investment in their community and help us "Take care of our own", by participating in this years campaign.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Rich Kosmerl Aye
Trustee Frank Wood Aye
PERMISSION TO ATTEND MEETINGS
Motion by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried the Mayor, Trustees, Clerk, Deputy Clerk, Superintendent of Public Works, Justices, Court Clerk and Zoning Officer be granted permission to attend the 8th Annual Local Government Conference on May 10, 2001 in Houghton, New York.
Motion by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried Superintendent of Public Works Larry Kilburn be granted permission to attend a seminar in Buffalo, New York on May 30, 2001 entitled How to Become a Great Communicator.
STEELE AVENUE
Trustee Barber discussed the driveway off Dick Clapp's property onto Steele Avenue and his concern of a traffic hazard with all the traffic from Pioneer Credit Recovery. There was discussion on the curb cut, grandfathering and possible zoning issues with the driveway so close to a state highway. Trustee Barber will contact Zoning Officer Marvin Zielonka regarding the driveway.
BUDGET ADJUSTMENTS
Motion by Mayor Doster, seconded by Trustee Comstock and unanimously carried the following budget adjustment be approved as presented by the Clerk:
Available upon request
AUDIT BILLS
Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried the Village bills be audited and paid and that the clerk be granted permission to transfer funds from the money market accounts to the checking accounts to cover such bills.
2000 CENSUS
Trustee Wood asked that the Village check into the new village census figures and see if they can be challenged.
CELLULAR TELEPHONE TOWERS AND ANTENNAS
Clerk Offers gave information to the board that will be forwarded to the Arcade Planning Board for their review and recommendation on looking into the possibility of enacting a Special Use Permit for cellular telephone towers and antennas with a renewable yearly fee. The Planning Board will be looking into limitations, regulations and fees.
REPORTS RECEIVED
Village Justice and Acting Village Justice report for the month of March were received, reviewed and placed on file.
Fire reports for the months of January and February were received, reviewed and placed on file.
Ambulance report for the month of March was received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 8:50 p.m. upon motion by Deputy Mayor Wood and seconded by Trustee Barber.
_______________________
Village Clerk
