At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, October 15, 2002, at 7:00 P.M. there were:

PRESENT

Mayor Michael Doster, Deputy Mayor Frank Wood, Trustee Edward Barber, Trustee Ginger Comstock, Trustee Richard Kosmerl, and Superintendent Larry Kilburn

ALSO PRESENT

Police Chief John Laird, Deborah Titus - Arcade Herald, Dan Dworzack, Kari George, Scott Mason, Kyle Holts, Coty Reisdorf, Stephanie Reisdorf, Brian  Matuszak

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 3rd day of October 2002 and the same posted on the 3rd day of October 2002.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Deputy Mayor Wood and seconded by Trustee Kosmerl and unanimously carried the minutes from a regular board meeting held on October 1, 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

PUBLIC HEARING – PROPOSED LOCAL LAW 5-2002 – DOG CONTROL

This proposed local law is to amend Section 13-3 Restrictions on Chapter 13 entitled Dog Control.  The amendment is to remove the words “or unless accompanied by its owner or responsible person able to control the animal” from paragraph A1. Mayor Doster opened the public hearing for comments.

Trustee Kosmerl proposed that the wording from Section 13-4 (C) also be included at Section 13-3 (C) regarding the exception of service dogs.

There being no further comments or questions, Mayor Doster closed the public hearing.

ADOPT LOCAL LAW 5-2002 – DOG CONTROL

The following resolution was offered by Trustee Ely and seconded by Trustee Comstock and included the change proposed in the public hearing:

RESOLUTION

 

WHEREAS, a proposed Local Law to amend Chapter 13 of the Laws of the Village of Arcade entitled Dog Control Law was reviewed by the Board members on the 1st day of October, 2002, and

WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with regarding the calling of a meeting of the Board of Trustees which was held on the 1st day of October, 2002, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 15th day of October, 2002, and

WHEREAS, the final form of Proposed Local Law 5-2002 was mailed to each board member on the 4th day of October, 2002, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 10th day of October 2002, and

WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with in regards to the Public Hearing called on the 15th day of October, 2002, and this Board having met on that day and conducted said public hearing and considered such arguments as were presented for and against the adoption of Proposed Local Law No. 5-2002, and

WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with in regards to this meeting;

NOW, THEREFORE, Be It Resolved, as follows:

THAT Proposed Local Law No. 5-2002 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows:

CHAPTER 13

DOG CONTROL LAW

Section 13-1.  Title.

Section 13-2.  Applicability.

Section 13-3.  Restrictions.

Section 13-4.  Nuisances by dogs; responsibility of owner.

Section 13-5.  Seizure.

Section 13-6.  Appearance ticket.

Section 13-7.  Penalties for Offenses 

Section 13-8.  Severability.

Section 13-9.  Effective Date.

               Entire law available at Village Office

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

AWARD BID – DIGGER DERRICK

Motion by Deputy Mayor Wood, seconded by Trustee Ely and unanimously carried the bid for the Digger Derrick be awarded to Fleet Maintenance of West Seneca, New York in the amount of $153,767.00 upon recommendation of Superintendent Kilburn.

PROPOSED LOCAL LAW 6-2002 – TRAFFIC CONTROL

The changes to this local law involve stop and yield signs in the Village. As it is proposed there will be no yield signs included. All yield signs will become stop signs. It also includes a change in traffic pattern on Edwards and William Streets. Edward Street will become a through street with stops signs on William Street and Steele Avenue.

There were questions on the need for a stop sign at the intersection of Cramer Drive and North Street on Cramer Drive. It was though that maybe the sign could be moved from its present location to the curve where North Street turns into Cramer Drive from the west.  Superintendent Kilburn will check with that state on the use of stop signs and also on the use of speed bumps.

The board also discussed the no turn on red sign on Church Street at its intersection with Main Street and if it should be changed for only during school hours.  After a brief discussion it was determined that the no stop on red sign should remain as is.

Motion was made by Deputy Mayor Wood, seconded by Trustee Kosmerl and unanimously carried any action on this matter be tabled until the state has been  contacted.

WALKABLE COMMUNITIES

After discussion on the feasibility of a walkable community, motion was made by Deputy Mayor Wood, seconded by Trustee Ely and unanimously carried the board  establish a Walkable Community Committee made up of the Mayor, one Trustee, the Police Chief, the Clerk, the Superintendent and members of the Merchant Committee and any other interested people.   The term will  be for one year.

FIREHALL ADDITION

Clerk Offers informed the board that she had been in contact with the Financial Advisor to determine an estimated payment schedule for renovations and additions to the Fire Hall.  Based on borrowing $1,000,000 for 20 years at 5% interest rate the payments would be between $79,000 and $84,000 per year.  It was suggested that the Fire Department and the Village look into alternative funding sources for this project.

BUDGET ADJUSTMENTS

Motion by Mayor Doster, 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 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.

MEETINGS

Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried the Mayor, Trustees, Clerk, Superintendent of Public Works, Zoning Officer, Planning Board and Zoning Board of Appeals be granted permission to attend the 2002 Local Government Workshop in Mt. Morris on Friday, November 15, 2002 in Mount Morris1.

Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried the Mayor and Trustees be granted permission to attend NYCOM’s 2003  Legislative Program in Albany, New York on November 18, 2002.

Motion by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried permission be granted for three people from the Electric Department (Don King,  Steve Pinter, Larry Kilburn) to attend the MEUA Engineering Workshop in Liverpool, New York on December 4th and 5th.

EXECUTIVE SESSION

Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried the board enter executive session to discuss a personnel issue and possible and purchase.

Motion by Deputy Mayor Wood, seconded by Trustee Ely and unanimously carried the board exit executive session.

MEMORANDUM OF AGREEMENT

The following resolution was offered by Deputy Mayor Wood and seconded by Trustee Kosmerl:

RESOLUTION

WHEREAS, Steve Burkett asserts that in the past he has performed overtime work on weekends and holidays for which he did not receive full payment specified  by Article 7 of the Collective Negotiations Agreement; and

WHEREAS, the Village has investigated Mr. Burkett’s assertions; and

WHEREAS, the Village and Mr. Burkett have determined to resolve this matter through mutual agreement,

NOW, THEREFORE Be It Resolved, that Superintendent Larry A. Kilburn be empowered to enter into a Memorandum of Agreement with the CSEA.

The 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

REPORTS

Fire Department reports for the month of September were received, reviewed and placed on file.

Ambulance report for the month of September was received, reviewed and placed on file.

Receipts and Disbursements report for the month of September was received, reviewed and placed on file.

ADJOURN

There being no further business to come before the board the meeting duly adjourned at 8:20 p.m. upon motion by Mayor Doster and seconded by Trustee Kosmerl.

       _______________________

       Clerk-Treasurer