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At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Wednesday, March 20, 2002 at 7:00 P.M. there were:
PRESENT
Mayor Michael Doster, Deputy Mayor Frank Wood, Trustee Ginger Comstock, Trustee Hugh Ely, Trustee Richard Kosmerl, Superintendent Larry Kilburn
ALSO PRESENT
Police Chief John Laird, Greg Schuyler, Cheryl Parker, Charles Newman, Margaret Morgan, Mike McElheney
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was published on the 7th day of March, 2002 and the same posted on the 7th day of March, 2002.
PLEDGE TO ALLEGIANCE
Mayor Michael Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Kosmerl, seconded by Trustee Ely and unanimously carried the minutes from a regular meeting held on March 5, 2002 and a special meeting held on March 7, 2002 be approved as presented.
Motion by Trustee Kosmerl and seconded by Trustee Ely the minutes from a regular meeting held on March 13, 2002 be approved as presented. The motion was adopted upon the following vote:
Mayor Michael Doster Abstained
Deputy Mayor Frank Wood Aye
Trustee Ginger Comstock Aye
Trustee Hugh Ely Aye
Trustee Richard Kosmerl Aye
PUBLIC HEARING – PROPOSED LOCAL LAW 1-2002 ZONING – TELECOMMUNCATION FACILITIES
This meeting having been duly advertised as a public hearing on the Village of Arcade’s Proposed Amendment Zoning Law of the Village of Arcade. The proposal is to amend Chapter 64 of the Laws of the Village of Arcade with regard to Telecommunication Facilities. The amendment amends Article 800 Supplemental Regulations by adding Section 816 Telecommunication Facilities. The amendment also deletes radio and television towers from uses permitted by Special Permit under Sections 401 CR District, 415 AG District, 430 LI District and 440 HC/LI District. To Sections 416 AG District and 440 HC/LI District telecommunication towers would be added as uses permitted by Special Permit.
The Wyoming Count Planning Board stated that the Village law would appear to bring the village into better compliance with the Federal Telecommunication Act of 1996 and provide guidelines for review of towers and the siting of telecom equipment. A full SEQR was submitted and found potentially large impacts might result from towers. Inter-municipal impacts can also occur. The law should help to mitigate such impacts though.
They had several comments for local consideration, which were mainly minor wording changes that did not affect the content of the proposed law. On page 25 and 32 add the words unless otherwise specified in Section 816 to Telecommunication Facilities. Also add Telecommunication antenna – See Section 816-3(c) to be added to Uses Permitted by Right in the AG and HC/LI Districts. In Section 816-4 they suggested using specified districts instead of AG and HC/LI Districts. They also felt that the reference to designated Historical Areas was vague. They suggest “sites on the State or National Historic Register or eligible sites determined by NYS Historic Preservation Office to be significant”. In section 816-5F they suggest “site(s)” rather than site in the first paragraph and suggest deleting “usually” in the second paragraph. The last paragraph before A is an informational comment from the model and not intended for insertion in zoning. In Section 816 5F(A) the forth bullet’s last sentence is a comment and should be deleted. In Section 816-6 in the intro paragraph add “structures or” after accommodated on existing. In Section 816-7 they suggest a fall zone of 1.25 times height. In Section 816 10(D) they suggest adding “and require reasonable design modifications” to the end. In Section 816 16 they suggest editing of the first sentence “the applicant and/or the property owner, shall provide a reliable instrument(s) of security” and in the last sentence “the applicant will be financially responsible for removal of…; otherwise the cost of removal by the Village will be recovered….”.
Their being no comments from the audience, Mayor Doster closed the public hearing at 7:05 p.m.
PARK CABIN
Margaret Morgan and Chuck Newman from the Arcade Senior Citizens came before the board regarding the use of the Park Cabin. Margaret asked why the money allocated to the Arcade Senior Citizens can’t be given to the Treasurer in one lump sum to use as they see fit. The Clerk informed her that under NYS Law a municipality cannot give money to any non-profit organization. She was informed that they could use they money in anyway they wanted, it did not have to be solely used for trips. She was informed that they could place any order through the Village’s purchase order system and the Village will pay the bills.
She would also like to see a Cabin Committee created such as the Beautification Committee. There has been damage to the tables and chairs that have been purchased by the Senior Citizens Group and two chairs are missing. The Committee would be responsible for checking the cabin after each use and that a deposit should be charged and in the event that the renters do not clean the cabin or that items are damaged it would not be refunded. The Senior Citizens are filling to form the Cabin Committee.
A light was requested for the parking lot in front of the cabin. This will be installed once the weather breaks.
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the price charged for use of the Park Cabin be raised $15.00 to $40.00 for Village residents and $65.00 for non-village residents. Also a deposit of $60.00 will be collected and returned once the cabin has been checked. This will be effective April 1, 2002 and all rentals already made will be grandfathered. Non-profit Organizations will be exempt from all fees.
CARRYOVER VACATION
Motion by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried Scott Mason be granted permission to carryover 3 days of vacation past his anniversary date of March 26, 2002.
MEUA RESOLUTION
The following resolution was offered by Mayor Doster and seconded by Trustee Kosmerl:
RESOLUTION
WHEREAS, The Board of Trustees of the Village of Arcade, New York, is a municipal member of the Municipal Electric Utilities Association of New York State, and
WHEREAS, the semi-annual meeting of the Municipal Electric Utilities Association of New York State has been called on April 30 and May 1, 2002 to be held at the Holiday Inn, 441 Electronics Parkway, Liverpool, New York 13088, and
WHEREAS, in accordance with the bylaws of the Municipal Electric Utilities Association of New York State, each municipal member may cast one vote on each transaction properly brought before this meeting,
NOW THEREFORE BE IT RESOLVED, that Larry A. Kilburn be and is hereby designated as the accredited delegate of the Board of Trustees of the Village of Arcade, New York.
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
SET MEETING DATES
Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried a public hearing on the tentative budget be set for Tuesday, April 9, 2002 at 7:00 p.m.
BUDGET ADJUSTMENTS
Motion by Mayor Doster, seconded by Trustee Kosmerl 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 Ely 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.
APPOINTMENT BY TOWN TO ZONING BOARD OF APPEALS
A letter was received from the Town of Arcade regarding the appointment of Douglas Eigenbrod to a five-year term on the Arcade Zoning Board of Appeals.
WYOMING COUNTY VILLAGE ASSOCIATION
The next meeting of the Wyoming County Village Association will be held on Wednesday, April 17, 2002 at the Lumberyard Restaurant.
MEMBERSHIP APPROPRIATION
Senator Dale Volker has informed the Village that they have been awarded a $10,000 Members Appropriation Grant to reimburse the village for damage done to the water line in Sandusky during the last flood.
EXECUTIVE SESSIONS
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the board enter executive session to discuss a personnel matter and a legal matter.
Motion by Trustee Kosmerl, seconded by Deputy Mayor Wood and unanimously carried the board exit executive session.
REVIEW BUDGETS
The remainder of the meeting was spent reviewing requests for the General, Water, Sewer and Electric Fund budgets for 2002-2003.
Motion by Mayor Doster, seconded by Trustee Ely and unanimously carried the board enter executive session to discuss a personnel matter.
Motion by Deputy Mayor Wood, seconded by Trustee Comstock and unanimously carried the board exit executive session.
REPORTS RECEIVED
Fire report for the months of January and February were received, reviewed and placed on file.
Village Justice and Acting Village Justice reports for the month of February were received, reviewed and placed on file.
Receipts and disbursements reports for the months of January and February 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 Deputy Mayor Wood and seconded by Trustee Ely.
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Village Clerk
