 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, August 7, 2001, at 7:00 P.M. there were:
PRESENT
Deputy Mayor Frank Wood, Trustee Edward Barber, Trustee Ginger Comstock, Trustee Richard Kosmerl, Superintendent Larry Kilburn
ABSENT
Mayor Michael Doster
ALSO PRESENT
Police Chief John Laird, Scott Mason, Al and Sandra Weidmann, Kevin Maxwell, Roy Emerling, Mark and Valerie Relyea, Dave Dutton, John Nelson, Esther Merlau, Helen Luscher, John Polek, Robert and Stephani Elle, Jeffrey Scherzer, Jerry and Rosemary Bucka, Greg Schuyler, Grace Harrison, Robert Daunce, Neil Howell, Patrick Burns
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 25th day of July, 2001 and the same posted on the 25th day of July, 2001.
PLEDGE TO ALLEGIANCE
Deputy Mayor Wood opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Barber, seconded by Trustee Comstock and unanimously carried the minutes from a regular board meeting held on July 24, 2001 be approved as presented.
BID OPENING – SALE OF SURPLUS EQUIPMENT – FLAIL MOWER
This meeting having been duly advertised for the receival of bids for the sale of a Flail Mower the above mentioned persons were in attendance. The following bids were received:
Name and Address Amount
No bids received.
ARCADE ESTATES – PROPOSED APARTMENT COMPLEX OFF EAST MAIN STREET
Mr. Roy Emerling and Mr. Kevin Maxwell, contractor, addressed the board regarding an application before the Arcade Planning Board to erect an apartment complex off East Main Street on property currently owed by Roy Tullar. Mr. Maxwell explained that they are proposing a 40 unit, 5 building complex on the property. It was the engineers understanding that this project fit the zoning and were not aware of the Comprehensive Plan changing the use of that property. The complex will have a common access off East Main Street, buffer zones to the houses on East Main Street, sidewalk accessible to the Village sidewalk, adequate parking and drainage. This property was originally in the flood plain and has since been removed by FEMA. The project has been modified from the original plan in 1996 as a garage unit was removed and another housing unit was added. They have a contingency on purchasing an additional 3.18 acres of land to bring the total acreage to 10.61 to meet the current code. The additional 3.18 acres has not been removed from the flood plain.
The board had questions on width of driveway, type of apartments, proposed rental, maintenance of buildings, and type of roof. Asked if they did a market survey of Arcade they stated no that they were using statistics from Springville and Warsaw.
There were questions from the public regarding how the property was removed from the flood plain and Superintendent Kilburn explained the FEMA application process.
At the present time the Comprehensive Plan calls for single family residences on East Main Street. In order for this project to be approved the Comprehensive Plan would need to be amended. Also the current zoning does not allow any apartment building greater than 4 units anywhere in the Village. The Arcade Planning Board will be drafting a recommendation to the Village Board to address the apartment issue either adding them to possibly the R1, R2 or R3 districts as uses permitted by special permit or by creating an overlay district with criteria. It is the responsibility of the Village Board to determine if they want to amend the Comprehensive Plan. The Village Board has scheduled a Public Hearing for Tuesday, August 21, 2001 at 7:00 PM to receive public comments on the Comprehensive Plan.
REVIEW COMPREHENSIVE PLAN
The Village Board will have a Public Hearing on August 21, 2001 to received information from all Village residents to see if they want to change any or all areas in the Village that are designated as single family dwellings to allow for apartment complexes. It they public wants a change they would be willing to look at the plan.
APPLICATION FOR TELECOMMUNICATION TOWER
Mr. Jeffrey Scherzer, Project Director for SBA, Inc. addressed the board regarding his application for a telecommunication tower on Bixby Hill Road behind the Bixby Hill Substation. He provided the board members with information on the needs in the area and the need for a telecommunications law. He also requested that his application be processed as the village is in the process of adopting a moratorium on telecommunication towers.
RESOLUTION - PROPOSED LOCAL LAW 5-2001 – ESTABLISHING A MORATORIUM ON CONSTRUCTION OR ERECTION OF TELECOMMUNICATION TRANSMISSION TOWERS AND RELAY STATIONS IN THE VILLAGE OF ARCADE
The following resolution was offered by Trustee Barber and seconded by Trustee Kosmerl:
RESOLUTION
WHEREAS, the Village Board of the Village of Arcade received a request from the Arcade Planning Board to institute a moratorium on telecommunication facilities in the Village of Arcade, and
WHEREAS, the Village of Arcade would like to insure that the installation of these towers proceeds in a fashion that minimizes any adverse impacts while maximizing services and benefits to the community, and
WHEREAS, this local law is necessary in order to address the Village of Arcade’s concerns by barring final decisions on applications for tower construction in order to allow the Board of Trustees time to research the issues and amend the current zoning law regulating wireless telecommunications towers and accessory uses, and
WHEREAS, the imposition of this law shall not affect the acceptance or processing of new applications, and
WHEREAS, a draft proposal of proposed Local Law No. 5-2001 adding Chapter 64A regarding establishing a moratorium on construction or erection of telecommunication transmission towers and relay stations has been placed on the desk of each Board member on August 7, 2001,
NOW, THEREFORE, It is Hereby:
1. Resolved, that Chapter 64-A – Establishing a Moratorium on Construction or Erection of Telecommunication Transmission Towers and Relay Stations in the Village of Arcade be considered, and
2. That a copy of the proposed Local Law be forwarded to the Wyoming County Planning Board for its review on September 4, 2001 pursuant to Section 239-m of the General Municipal Law, and
3. That the Village Clerk be directed to publish a Notice of Public Hearing to be held by this Board on the 4th day of September, 2001 considering said Local Law to add a moratorium on telecommunication facilities, and
4. That said Clerk publish a notice of said hearing at least ten (10) days in advance of such hearing in the official newspaper of the Village (Section 1403).
5. That the Village Clerk give notice of proposed zoning change to the Clerk of the Town of Arcade at least ten (10 days prior to the date of such hearing (section 1403 (a) (1)).
WHEREUPON, said Resolution was adopted by the members of the Village Board as follows:
Mayor Michael Doster Absent
Deputy Mayor Frank Wood Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Richard Kosmerl Aye
APPROVE ADJUSTED FINANCIAL REPORT
Motion by Deputy Mayor Wood, seconded by Trustee Kosmerl and unanimously carried the board accept the amended Financial Report as presented by the Clerk-Treasurer.
BUDGET ADJUSTMENTS
Motion by Trustee Barber, seconded by Trustee Comstock and unanimously carried that the following budget adjustments be approved as requested by the Clerk-Treasurer:
Available upon request
AUDIT BILLS
Motion by Deputy Mayor Wood, seconded by Trustee Kosmerl 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.
AWARD BID – POLICE SPORTS UTILITY VEHICLE
Motion by Deputy Mayor Wood, seconded by Trustee Kosmerl and unanimously carried the bid for the Sports Utility Vehicle be awarded to Emerling Chevrolet of Boston, New York in the amount of $22,890 upon recommendation of Chief Laird.
FABULOUS 50’s
Chief Laird informed the board that his overtime for Friday and Saturday during the Fabulous 50’s was approximately $1,400.
PARK MASTER PLAN UPDATE
Superintendent Kilburn gave the board an updated version of the proposed Park Master Plan. He asked that everyone review it before the public hearing and call him with any additions, changes or questions. He would also like them to review the priority list to see if it is acceptable.
REPORTS RECEIVED
Village Justice and Acting Village Justice reports for the month of July were received, reviewed and placed on file.
Fire Department reports for the month of May and June were received, reviewed and placed on file.
Ambulance report for the month on July was received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at _____ p.m. upon motion by Trustee _______________ and seconded by Trustee _______________.
_______________________
Clerk-Treasurer
