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At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, November 6, 2001, at 7:00 P.M. there were:
PRESENT
Mayor Michael Doster, Deputy Mayor Frank Wood, Trustee Ed Barber, Trustee Richard Kosmerl, Superintendent Larry Kilburn
ABSENT
Trustee Ginger Comstock
ALSO PRESENT
Police Chief John Laird, Donald Norton, Greg Schuyler, Rachel Organski, Stephanie Dabolt, Amanda Klein, Josh Wypij, Cameron McCarty, Matt Hanson, James McGarvey, Robert Kutzuba
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 18th day of October, 2001 and the same posted on the 18th day of October, 2001.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Kosmerl, seconded by Trustee Barber and unanimously carried the minutes from a regular meeting held on October 16, 2001 and a special board meeting on October 30, 2001 be approved as presented.
RESOLUTION - 2003-2004 SNOW AND ICE AGREEMENT
The following resolution was offered by Deputy Mayor Wood and seconded by Trustee Kosmerl:
RESOLUTION
WHEREAS, the Village of Arcade entered into an Agreement No. D010645 entitled "Indexed Lump Sum Municipal Snow and Ice Agreement" between the New York State Department of Transportation and the Village of Arcade dated October 25, 1996; and
WHEREAS, the term of the said Agreement is for a period of three years commencing July 1, 1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year; and
WHEREAS, the present term of the Agreement, as extended, expires June 30, 2003; and
WHEREAS, Section 7 of the said Agreement provides that the Commissioner shall furnish the Village with a suitable map for each term of the Agreement, or for any extended term thereof, modified to show the changes, if any, to the State Highways affected by this Agreement; and
WHEREAS, Section 9 of the said Agreement provided for an annual update of the estimated expenditure to be determined by the Commissioner subject to the provisions of Section 9 at the time for extension of the Agreement; and
WHEREAS, Section 9 of the Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season;
NOW, THEREFORE, Be It Resolved, that the Mayor be granted permission to enter into an Indexed Lump Sum Municipal Snow and Ice Agreement with the New York State Department of Transportation to extend the contract for a period of one year, now to expire on June 30, 2004. The estimated expenditure as specified in Section 8 of the aforementioned Agreement shall be $3,167.19 per lane mile for 1.0 lane miles for the 2001/02 season and for the remainder of the term of the Agreement commencing July 1, 2001, unless changed by future update.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Aye
Trustee Edward Barber Aye
Trustee Ginger Comstock Absent
Trustee Richard Kosmerl Aye
PERMISSION TO DESTROY RECORDS
Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried the following records for the fiscal year June 1, 1995 to May 31, 1996 be destroyed in accordance with our records retention schedule.
Available upon request
PERMISSION TO USE PARK CABIN
Motion by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried permission be granted to the Arcade Lions Youth Football to use the Park Cabin for an End of the Season Midget Cheerleader Sleepover on November 10th from 5:00 p.m. to November 11th at 12:00 p.m.
PROPOSED LOCAL LAW TO INCREASE ELDERLY EXEMPTION
After discussion motion was made by Deputy Mayor Wood and seconded by Mayor Doster that the current Chapter 59 Elderly Exemption of $12,000 be increased to $14,000 and that a proposed change to the current law be prepared for the next meeting. This motion was approved upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Aye
Trustee Edward Barber Abstain
Trustee Ginger Comstock Aye
Trustee Richard Kosmerl Aye
REVIEW PROPOSED LOCAL LAW PROPERTY AND YARD MAINTENANCE
The board discussed the drafted proposed law and also other information that had been received. They would like copies of laws from more municipalities and also to review current Village laws on the books to make sure there is no duplication. Any action was tabled until the next meeting to gather more information.
PROPOSED CHANGES TO LOCAL LAW TO ALLOW SNOWMOBILES TO ENTER TRAIL IN PARK
Superintendent Kilburn had a request from the Drifthoppers Snowmobile Club to allow snowmobile trailers to unload in the Village Park and enter the snowmobile trail at that location. Currently Chapter 30 Off Road Vehicles Section 3(e) Restrictions states that operation of any off-road vehicle on any lands leased, owned or controlled by the Village of Arcade is a prohibited area within the Village at all time. After discussion the board did not want to change the current law to allow snowmobiles to unload and enter the trail through the Village Park.
REQUEST FOR COUNTY TO SHARE SALES TAX REVENUE
Mayor Doster has not had any response from letters he sent to all Mayors in the county. He will make a follow-up call so that we can begin laying groundwork for the next county budget year.
LONG RANGE PLANNING
After discussion of issues that are going to be reviewed by the Institute of Local Governance and Regional Growth at the University of Buffalo there are still a number of issues that can be reviewed by the Village Board and they are the following:
1. Garbage pickup (possibly joining with the town)
2. Discuss with town the possibility of participating more in the park expenses
3. Review penalties/fines
4. Getting a share of the Wyoming County sales tax
5. Review Comprehensive Plan
6. Examine the possibility of accepting payment by credit card (or debit card)
7. Review vehicle replacement schedule
8. Examine our current technology and organization of our physical plant(s)
Deputy Mayor Wood will prioritize these items to be discussed at future meetings.
BUDGET ADJUSTMENTS
Motion by Mayor Doster, seconded by Deputy Mayor Wood 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 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.
DONATION TO PARK CABIN
Phil’s TV and Appliance has donated a newer used stove to the Park Cabin. A thank you will be sent.
FINAL STATE EQUALIZATION RATE
Clerk Offers informed the board that the Final State Equalization Rate has been received from the State Board of Real Property Services at 100.48 that is the same as the tentative.
PERMISSION TO ATTEND WORKSHOP
Motion by Mayor Doster, seconded by Trustee Barber and unanimously carried permission be granted to three members of the electric department to attend an Engineering Workshop in Syracuse on November 7 and 8.
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the Chief of Police and any full time officer be granted permission to attend an Officer Training Seminar sponsored by the District Attorney’s Office in Warsaw on either November 27th or 28th.
EXECUTIVE SESSION
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the board enter executive session to discuss a personnel issues regarding John Rix.
Motion by Mayor Doster, seconded by Trustee Barber and unanimously carried to board exit executive session.
APPROVAL OF SECTION 207C OF THE GENERAL MUNICIPAL LAW FOR JOHN RIX
Motion by Mayor Doster and seconded by Trustee Barber the board granted approval of John Rix’s request for entitlement of payment of salary wages and medical and hospital expenses under Section 207C of the General Municipal Law conditioned upon his entry into full-time light duty as defined by negotiations with the Chief of Police and Mr. Rix and the respective counsel. The motion was approved upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Abstain
Trustee Edward Barber Aye
Trustee Ginger Comstock Aye
Trustee Richard Kosmerl Aye
EXECUTIVE SESSION
Motion by Trustee Kosmerl, seconded by Trustee Barber and unanimously carried the board enter executive session to discuss a personnel issues regarding James McGarvey.
Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried to board exit executive session.
LETTER OF RESIGNATION JAMES MCGARVEY
The board informed Mr. McGarvey that they would accept his resignation letter with a change of the effective date from November 3rd to November 9th. With regard to the request for payment of accrued sick time the Village cannot in good faith make that payment. The reason are that it is considered gifting of public funds which is contrary to the NY State Constitution, Labor Relations Laws and Federal Discrimination Laws. It could open other lawsuits and potentially a large cost to the village. By moving the effective date to the 9th you have the right to rescind the request for resignation.
ACCESS MANAGEMENT VIDEO
The Village Board viewed a video entitled Access Management.
REPORTS RECEIVED
Village Justice and Acting Village Justice reports for the month of October were received, reviewed and placed on file.
Ambulance report for the month of October was received, reviewed and placed on file.
Receipts and disbursements report for the months of September and October were received, reviewed and placed on file.
Fire Department reports for the months of September and October were received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 10:10 p.m. upon motion by Mayor Doster and seconded by Trustee Barber.
_______________________
Village Clerk
