t a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, December 3, 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 Larry Kilburn
ALSO PRESENT
Chief John Laird, Deborah Titus – Arcade Herald, Marty Mucher, Alan Bliss, George Hezel, Dave Britton, Arthur Martin
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 20th day of November, 2002 and the same posted on the 20th day of November, 2002.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Kosmerl, seconded by Deputy Mayor Wood and unanimously carried the minutes from a regular meeting held on November 19, 2002 be approved as presented.
DISINFECTION ALTERNATIVES FOR WASTE WATER TREATMENT PLANT
Every five years the Village must get a SPEDES Permit for the Waste Water Treatment Plant that outlines what our discharge requirements are. One of the things that changed this year is the amount of chlorine discharged into the creek. Associated with that is that you must make sure that you kill all the bacteria. The question is how do you meet both sets of criteria. In the permit it states we have until July 2003 to prepare an engineering report focusing on alternatives on how to do it. Two years after that we must meet the requirements. There are several alternatives, two being, dechlorination and ultraviolet. Dave Britton from O’Brien & Gere was present to discuss the project and the engineering report that his firm will prepare. After discussion a motion was made by Trustee Kosmerl, seconded by Trustee Comstock and unanimously carried the Mayor be empowered to enter into a contract with O’Brien and Gere to prepare the Engineering Report at a cost not to exceed $6,000.
PROPOSED LOCAL LAW 6-2002 – TRAFFIC CONTROL
Chief Laird stated that he had reviewed the accident reports from 1999 to the present and that there had been no reportable accidents on the portion of North Street and Cramer Drive that has been previously discussed. After further discussion this issue was tabled until Chief Laird and Superintendent Kilburn can do more investigation on the need to create an intersection where North Street curves onto Cramer Drive. The Mayor felts that we need to come up with an alternative method of enforcement to preclude someone from getting killed in that area. Trustee Ely stated he would like to see stop signs both northerly and southerly on Park Street with the intersection of Mill Street and Sullivan Avenue.
2003 TENTATIVE RESIDENTIAL ASSESSMENT RATIO RECEIVED
Clerk Offers informed the board that the 2003 Tentative Residential Assessment Ratio has been received from the Office of Real Property Services at 102.18 for the period 4/1/2001 through 3/31/2002. Last year the ratio was 103.19.
WYOMING COUNTY COMMUNITY ACTION – PROPOED HOUSING PROJECT
Alan Bliss was present to discuss a proposed housing project for the Village of Arcade. The mission of Wyoming County Community Action is to improve the quality of life for all Wyoming County residents. One way to do that is provide affordable housing by providing two, three and four bedroom units. They would like to build a cluster of five or six building with twenty to twenty-four units in a townhouse style. They would like the support of the board for this project and would enter into a pilot agreement with the Village. They also need a piece of land that is zoned for this type of project. After discussion, the board was excited about the concept but needed more information as to what is in it for the Village. They will get back to the board by mid January as there is a March deadline for the New York State allocation credits.
POSSIBILITY OF A COMMUNITY CENTER
Superintendent Kilburn gave a report on the agencies, groups and individuals he has talked with regarding the establishment of a youth or community center. It is not so much the facility and where it will go but equipment goes in it and most importantly the programming. What is needed at this time is a plan and a not-for-profit organization to sponsor the project as they can get more grants than a municipal government. Larry will gather more information and pass it along to the board.
OFFICE FOR THE AGING - FACILITIES AGREEMENT
The following resolution was offered by Deputy Mayor Wood and seconded by Trustee Ely:
RESOLUTION
WHEREAS, the Wyoming County Office for the Aging has requested the use of the Park Building as a nutrition site for senior citizens for the upcoming 2003 calendar year, and
WHEREAS, the Village of Arcade is aware of the needs of our senior citizens for nutrition and socialization,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the Village of Arcade be authorized to enter into an agreement with the Wyoming County Office of the Aging for 2003.
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 Richard Kosmerl Aye
GRANT AWARDS – ARCADE POLICE DEPARTMENT
The board was informed that the Arcade Police Department has been granted an Impaired Driving Deterrence Program Grant in the amount of $1,000. They also received a Selective Traffic Enforcement Program Grant in the amount of $4,000 and a Buckle Up New York Grant in the amount of $3,300. All the grants are from the Governor’s Traffic Safety Committee.
PERMISSION TO POST POLICE SERGEANT POSITION
As John Rix is retiring as of January 1, 2003 motion was made by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried Chief Laird post internally for the position of Police Sergeant.
BUCKLE UP NEW YORK CAMPAIGN
During the period of November 18 – December 1 three checkpoints were set up with a total of 109 tickets being issued. Of those issued 89 were for seat belts.
BUDGET ADJUSTMENTS
Motion by Mayor Doster, seconded by Trustee Kosmerl 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 Trustee Comstock 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.
2002 URBAN AND COMMUNITY FORESTRY GRANT CONTRACT NO. T302153 – RESOLUTION OF SUPPORT
The following resolution was offered by Deputy Mayor Wood and seconded by Trustee Ely:
AID TO LOCALITIES RESOLUTION
Resolution Authorizing the signing of a State Contract for an aid to Localities Project, Under the Appropriate Laws of New York State.
WHEREAS, the Village of Arcade herein called the “Municipality,” after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the State Contract, herein called the “Project” is desirable, in the public interest, and is required in order to study and/or implement the local project or program; and
WHEREAS, under Chapter 55, Section 1 and 2, of the Laws of 1999 relating to the Local Assistance Budget, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement; and
WHEREAS, the Municipality has examined and duly considered Chapter 55, Section 1 and 2, of the Laws of 1999 relating to the Local Assistance Budget and deems it to be in the public interest and benefit under this law to enter into a contract therewith;
NOW, THEREFORE, BE IT RESOLVED BY the Board of Trustees of the Village of Arcade:
1. That Mayor Michael R. Doster is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information as may be required.
2. That one (1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract.
3. That this Resolution take effect immediately.
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 Richard Kosmerl Aye
RESOLUTION – WORK PERMITS ON STATE HIGHWAYS
The following resolution was offered by Mayor Doster and seconded by Deputy Mayor Wood:
WORK PERMITS ON STATE HIGHWAYS
WHEREAS, the Village of Arcade from time to time receives permits from the Department of Transportation of the State of New York allowing the Village to temporarily obstruct, install, construct, maintain, operate or replace any facilities within the bounds of a State highway right-of-way pursuant to Sections 52, 103, 203, 249 and/or 250 of the Highway Law; and
WHEREAS, the NYSDOT requires that the municipality file an undertaking to secure the Village’s faithful performance within the terms of any such permit and also to indemnify the State of New York and others with respect to all operations under such permits by the Village; and
WHEREAS, the advantages to having an Undertaking on file with the NYSDOT are:
It will not be necessary to obtain a PERM 17 (Certificate of Insurance) or make sure the existing Insurance listing is updated each time we obtain a Highway Work Permit.
It would not be necessary to maintain and pay for a PERM 44e (performance bond).
WHEREAS, filing an Undertaking will expedite the issuance of a permit, save paperwork and money for the Village of Arcade and the Department of Transportation:
NOW, THEREFORE BE IT RESOLVED, that Mayor Michael R. Doster be empowered to enter into an Undertaking with the New York State Department of Transportation.
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 Richard Kosmerl Aye
EFFECIENCY STUDY
Correspondence has been received from John Sheffer that the report will be to the board by the end of the calendar year.
RESOLUTION–FLOOD MITIGATION ASSISTANT PROGRAM GRANT
The following resolution was offered by Deputy Mayor Wood and seconded by Trustee Comstock:
RESOLUTION
WHEREAS, the Village of Arcade recognizes that they have a serious flooding problem during heavy rains or quick melting of snow, and
WHEREAS, the Village of Arcade has adopted a Flood Mitigation Plan which allow them to apply for grant monies for flooding projects, and
WHEREAS, the Village of Arcade has recognized that retention ponds in the Park Street area would be beneficial to many residents,
NOW, THEREFORE, BE IT RESOLVED, that Mayor Michael R. Doster be granted permission to sign a letter of intent for a retention pond project.
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 Richard Kosmerl Aye
RESOLUTION – PURCHASE CONTRACT FOR 9 WATER STREET
The following resolution was offered by Trustee Kosmerl and seconded by Trustee Comstock:
RESOLUTION
WHEREAS, the Village has a grant for flood mitigation at the corner of Water Street and Main Street, and
WHEREAS, one of the items contained in this contract is the purchase and demolition of a house at 9 Water Street,
NOW, THEREFORE BE IT RESOLVED, that Mayor Doster be empowered to sign the Purchase and Sale Contract for this location.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Frank Wood Nay
Trustee Ginger Comstock Aye
Trustee Hugh Ely Aye
Trustee Richard Kosmerl Aye
EXECUTIVE SESSION
Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried the board enter executive session to discuss contract negotiations regarding the Water Department and two employee matters.
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the board exit executive session.
REPORTS RECEIVED
Village Justice and Acting Village Justice reports for the month of November were received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 10:05 p.m. upon motion by Mayor Doster and seconded by Trustee Kosmerl.
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Village Clerk
