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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, April 16, 2002, at 7:00 P.M. there were:
PRESENT
Mayor Michael Doster, Deputy Mayor Frank Wood, Trustee Ginger Comstock, Trustee Hugh Ely, Trustee Rich Kosmerl, Superintendent of Public Works Larry Kilburn
ALSO PRESENT
Police Chief John Laird, Neil Kattermann, Gordon Cramer, Greg Schuyler, Kim, Eschborn, Chris Eschborn, Richard Eschborn, David Lewis, Joey Gottshire, Justin Johnson, Alex Doster, Patrick Hager, Matthew Dake, Drew Golleitt, Scott Gingeich, Bill Gottstine, Joshua Sviatkowsk, Roy Fischer, Tony Schrerier, Tim Hager, Gregory George, Mike George, Sean Weber, ____ Palmerton, Lester Balcom, Dan Reisdorf, Judy Kessler – Arcade Herald.
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 4th day of April 2002 and the same posted on the 4th day of April 2002.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Kosmerl and seconded by Mayor Doster the minutes from the Annual Meeting and Regular Meeting held on April 2, 2002 be approved as presented. The motion was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Abstained
Trustee Ginger Comstock Aye
Trustee Hugh Ely Aye
Trustee Richard Kosmerl Aye
Motion by Trustee Kosmerl and seconded by Mayor Doster the minutes from the Public Hearing on the Budget and a Special Meeting held on April 9, 2002 be approved as presented. The motion was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Aye
Trustee Ginger Comstock Abstained
Trustee Hugh Ely Aye
Trustee Richard Kosmerl Aye
PROPERTY MAINTENANCE REGULATIONS
Former Mayor Gordon Cramer stated that he felt Chapter 32 of the Laws of the Village of Arcade covered property maintenance fairly well. It covers junk vehicles, rubbish, penalties and all procedures. He felt that we needed to include or clarify definitions those things that are considered flammable material such as hay and grass under Chapter 32. The law is there, it just needs to be followed through. It was suggested that each board member review Chapter 32 before the next meeting to see how it can be amended to make enforcement easier.
ADOPT 2002-2003 BUDGET
The following motion to adopt the amended 2002-2003 budget was offered by Deputy Mayor Wood and seconded by Trustee Kosmerl:
RESOLUTION
A Resolution adopting a budget for the fiscal year commencing June 1, 2002 and ending May 31, 2003 making Appropriations for the conduct of the Village Government and establishing the rates of compensation for officers and employees for such period.
WHEREAS, the Board of Trustees have met at the time and place specified in the notice of public hearing on the tentative budget and heard all persons desiring to be heard thereon, now, therefore be it:
RESOLVED, That the tentative budget as hereinafter stated in column titled “Adopted” on Schedule 1A, Schedule 1F, Schedule 1G, Schedule 2A, Schedule 2F, Schedule 2G, and Statement 1 covering general, electric, water and sewer departments, together with the amounts set forth in Statement L as required for the payment of principal and interest on indebtedness, be and they thereby are appropriated for the object and purpose specified and the salaries and wages stated in Schedule 5 of such budget shall be and hereby are fixed at the amount shown therein effective June 1, 2002. (The complete budget is on file in the Village Clerk’s Office.)
The aforesaid resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Aye
Trustee Ginger Comstock Aye
Trustee Hugh Ely Aye
Trustee Rich Kosmerl Aye
The following resolution was offered by Trustee Kosmerl and seconded by Mayor Doster:
RESOLUTION
RESOLVED: That the tax for the fiscal year starting June 1, 2002 upon the 1st completed assessment roll of the Village of Arcade, be and the sum hereby levied as shown by the budget in the sum of eight hundred and twenty-one thousand, four hundred and eighty-nine dollars ($821,489). The amount so levied being the amount of the budget less the estimated revenues and appropriated cash surplus and appropriated reserves by section 5-508 of the Village Law, and be it,
FURTHER RESOLVED, That unless otherwise directed by the Village Board the following assessments due the Village as of May 15, 2002 be spread upon the 2002 Village Tax, to wit:
All invoice billings issued as of March 31, 2002 with interest to be added at the rate of twelve per centum (12%) per annum; all water taxes and sewer rents issued as of March 31, 2002 with interest to be added at the rate of twelve per centum (12%) per annum; and sums due for miscellaneous purposes, and be it,
FURTHER RESOLVED, That service for all delinquent water customers outside the Village whose accounts remain unpaid as of May 15, 2002 be discontinued without further notice and the Village Clerk is hereby instructed to issue shut off orders to the Superintendent of Public Works to discontinue the service of said customers on May 15, 2002.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Aye
Trustee Ginger Comstock Aye
Trustee Hugh Ely Aye
Trustee Rich Kosmerl Aye
PERMISSION TO ATTEND MEETINGS
Motion by Deputy Mayor Wood, seconded by Trustee Comstock and unanimously carried permission be given to Al Noble and Dave Carr to attend the Annual Water Operators Meeting in Varysburg on April 30, 2002.
Motion by Deputy Mayor Wood, seconded by Trustee Comstock and unanimously carried permission be given to the Arcade Planning Board, Zoning Board of Appeals, Secretary to the Boards, Zoning
Officer, Superintendent of Public Works and Clerk to attend the Spring 2002 Regional Local Government Workshop in Mt. Morris on May 10, 2002.
Motion by Deputy Mayor Wood, seconded by Trustee Comstock and unanimously carried permission be given to the Mayor, Board of Trustees, Superintendent of Public Works and Clerk to attend the NYCOM Main Street Meeting on May 20-22, 2002 in West Point.
Motion by Deputy Mayor Wood, seconded by Trustee Comstock and unanimously carried permission be given to Superintendent of Public Work, Clerk-Treasurer and Police Chief to attend the Employment Practices Training Opportunity in Buffalo on May 22, 2002.
The NYCOM Annual Meeting will be held in Saratoga Springs on June 2-5, 2002 for anyone who is interested in attending.
Motion by Deputy Mayor Wood, seconded by Trustee Comstock and unanimously carried permission be given to the Mayor, Board of Trustees, Superintendent of Public Works and Clerk-Treasurer to attend the NYS Office of the State Comptroller Satellite Teleconference on Thursday, April 25, 2002 in Warsaw, New York.
NOTICE OF COMPLAINT RECEIVED
Clerk Offers informed the board that Adelphia Communications Corp. has filed a Complaint of Tentative Special Franchise Assessment for 2002 with the New York Office of Real Property Services. Adelphia bases its complaint upon NY Office of Real Property Service’s denial of Adelphia’s request for “Economic Obsolescence,” the exclusion of exempt property, and disclosure of the costs associated with valuation of its cable system. Pursuant to NY Real Property Tax Law Section 610, this notice is an affidavit of service placing your village on notice that Adelphia is appealing its NY Office of Real Property Service Tentative Special Franchise Assessments for 2002.
FIRE DEPARTMENT OFFICERS
Motion by Mayor Doster, seconded by Trustee Ely and unanimously carried the following officers of the Arcade Fire Department are approved:
Chief Neil Williams Captain William Landahl
1st Asst. Chief Donald Meyers 1st Lt. Kathy Landahl
2nd Asst. Chief Gary Gradl 2nd Lt. Julie Skinner
3rd Asst. Chief Kenneth Kirisits 3rd Lt. Sheila WIlliams
Chief Mechanic Henry Goodemote
Secretary Stephanie Williams
Asst. Mechanic Shawn Fitzpatrick
Secretary Brian Smith Junior Fire Department
Treasurer Kathy Landahl Captain Josh Borowski
Trustee Len Connelly 1st Lt. Leigh Noel
Trustee Gregory Landis Secretary Shawn Brown
Trustee Nicholas Bohall Treasurer Shawn Brown
Chaplain Walter Howell
UPDATE – UB STUDY
Correspondence has been received from John Sheffer at UB stating that it will be sometime in May before we receive the report. They are currently in the process of the survey of residents’ attitudes and perceptions regarding the village and village services, taxes, etc. Timewise, it will doubtless be several weeks before a final report is issued, hopefully, sometime in the month of May.
CABLE TV FRANCHISE WITH ADELPHIA
The Village has received correspondence from Adelphia that they will not be able to offer PowerLink as part of the Franchise Contract as PowerLink is a separate business group and they don’t negotiate for each other. Superintendent Kilburn asked the board if there were any other issues that they wanted to have addressed in the upcoming contract such as franchise fees, system upgrades, extension into new areas, location of free service and duration of contract. Last time we negotiated a
5 year contract where 10 years is more standard. Currently we have a 3% franchise fee and it can be between 0% and 5% which is added to the consumers bill.
TROOP 56 from STRYKERSVILLE
Members of Troop 56 from Strykersville were present as they are working on a merit badge. They asked how the local government works in the Village. Mayor Doster explained that the basic function of the board is to oversee the operation and/or management of the Village. All members of the board are elected to a two-year term. He explained that the Electric, Water, Sewer and Highway Departments report to the Superintendent of Public Works. The board handles the business of the Village and earlier this evening adopted the budget for the next fiscal year. The board does not try to micromanage the everyday activities of the departments. There was a question on the Franchise Fee.
PERMISSION TO BID FREIGHTLINER
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried permission be granted to Superintendent Kilburn to go to bid for a 1999 Freightliner for use by the Highway Department.
SET DATE FOR PUBLIC HEARING ON WATER RATE INCREASE
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried a Public Hearing be set for Tuesday, May 7, 2002 on the proposed water rate increase. The proposed increase raises the base fee by 20% per category and the cost of 1,000 gallons from $1.20 to $1.80 inside the Village and $2.30 to $3.45 outside the Village
BUDGET ADJUSTMENTS
Motion by Deputy Mayor Wood, seconded by Trustee Ely and unanimously carried the following budget adjustment is 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.
POLICE TRAINING
Motion by Deputy Mayor Wood, seconded by Trustee Ely and unanimously carried John Laird be granted permission to attend a seminar on Terrorism Training in Buffalo on April 25, 2002.
REPLACEMENT TREE
Lester Balcom was present as a follow-up to his previous request for a replacement tree on his property. He was informed that the Mayor and Superintendent are working on it and will find out what can and cannot work.
EXECUTIVE SESSION
Motion by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried the board enter executive session to discuss contract issues.
Motion by Deputy Mayor Wood, seconded by Trustee Kosmerl and unanimously carried the board exit executive session.
REPORTS RECEIVED
Fire department 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 8:35 p.m. upon motion by Deputy Mayor Wood and seconded by Trustee Kosmerl.
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Village Clerk
