At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, August 5, 2003, at 7:00 P.M. there were:

PRESENT

Mayor Michael Doster, Deputy Mayor Hugh Ely, Trustee Ginger Comstock, Trustee Richard Kosmerl, Superintendent Larry Kilburn

ABSENT

Trustee Daniel Reisdorf

ALSO PRESENT

Police Chief John Laird, Deborah Titus – Arcade Herald, Tara Doster, Neil Williams, Len Connelly   

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 17th day of July, 2003 and the same posted on the 17th day of July, 2003.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Kosmerl and seconded by Deputy Mayor Ely the minutes from a regular board meeting held on July 15, 2003 be approved as presented.  This motion was approved by the following vote:

   Mayor Michael Doster          Aye

   Deputy Mayor Hugh Ely         Aye

   Trustee Ginger Comstock       Abstained

   Trustee Richard Kosmerl       Aye

   Trustee Daniel Reisdorf         Absent

PUBLIC HEARING – CABLE FRANCHISE AGREEMENT

It was explained that this Cable Franchise Agreement has been in progress for quite some time and was delayed by the bankruptcy of Adelphia.  The terms of the contract are for ten (10) years.  The new contract includes a franchise fee of 5%. The previous contract has a franchise fee of 3%.

Deputy Mayor Ely asked if the Village had ever looked at any other cable company. Superintendent Kilburn stated that it’s a non-exclusive contract and any other cable company could come in. However, it most cases only one cable system covers an area as it is not cost effective for more in a small area.  He also stated that he was not aware of the Village ever contacting another system.

There being no further comments or question motion was made by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried to close the public hearing at 7:07 p.m.

RESOLUTION – CABLE FRANCHISE AGREEMENT

Motion was made by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried to amend the Franchise Agreement to show the present franchise fee of 3%.

The following resolution was offered by Trustee Kosmerl and seconded by Trustee Comstock:

RESOLUTION

WHEREAS, the Village of Arcade, New York is empowered to grant and renew franchises for the installation, operation and maintenance of cable televisions systems within its boundaries by virtue of the authority granted to it by the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 (together, the  “Cable Act”) and the rules and regulations promulgated thereunder, by the rules and regulations of the New York State Public Service Commission, by its power to regulate and control the public streets, alleys and  rights-of-way, and by it general police powers; and

WHEREAS, the Village of Arcade and Parnassos. L.P. d/b/a/ Adelphia Cable Communications have a mutual desire to enter into a new non-exclusive franchise agreement setting forth the terms and  conditions under which Parnassos, L.P. d/b/a Adelphia Cable Communications will continue to provide cable television service to the Village of Arcade; and

WHEREAS, the construction, operation and maintenance of said cable television system involves the use and occupation by Parnassos, L.P. d/b/a/ Adelphia Cable Communications of the streets, thoroughfares and other rights-of-way belonging to the Village of Arcade; and

WHEREAS, the technical and financial ability of Parnassos, L.P. d/b/a/ Adelphia Cable Communications and its principals, and the character and reputation of Parnassos, L.P. d/b/a/ Adelphia  Cable Communications have been considered and approved by the Village of Arcade; and

WHEREAS, the Village of Arcade duly advertised a public hearing to discuss said proposal for a franchise renewal; and

WHEREAS, the term of the non-exclusive franchise will be for a term of ten (10) years with the franchise fee remaining at three (3) percent;

NOW, THEREFORE, in compliance with the franchise standards of the New York State Public Service Commission, the Village of Arcade hereby grants a non-exclusive franchise to Parnassos, L.P. d/b/a Adelphia Cable Communications to construct, operate and maintain a cable television system with the Village of Arcade; provided, however, that all rights and privileged accorded by this agreement are met; and

BE IT FURTHER RESOLVED, that Mayor Michael R. Doster be authorized to implement said Franchise Agreement.

The above resolution was adopted upon the following vote:

   Mayor Michael Doster          Aye

   Deputy Mayor Hugh Ely         Aye

   Trustee Ginger Comstock       Aye

   Trustee Richard Kosmerl       Aye

   Trustee Daniel Reisdorf         Absent

AWARD BID – FIREHALL ROOF

Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the bid for the Firehall roof be awarded to Just Barns of Java Center, New York in the amount of $26,660 for the  lower portion upon recommendation of Superintendent Larry Kilburn and Chief Neil Williams.

Motion by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried that the full roof be awarded in the amount of $56,606 subsequent to the fire department being able to defer the  balance of the cost as the village only has $50,000 in the current budget for the roof.

UPDATE CIVIL WAR DAYS

Tara Doster addressed the board regarding the upcoming Civil War Days in the Village.  Many new events are on the agenda as they are trying to involve the community more.  There  will also be a Taste of the Tri-County downtown on Saturday featuring nine area restaurants.  Main Street will be closed from 9:30 a.m. to 10:00 a.m. for the opening ceremony.  Some reenactors will remain in the park on Saturday to do living histories

LIGHTING STANDARD

After discussion motion was made by Trustee Kosmerl, seconded by Trustee Comstock and unanimously carried that paragraph F. be replaced with the following wording:  “Upward flagpole lighting is permitted for federal, state and local government flags only, and provided that the maximum lumen output is 1300 lumens. Flags are encouraged to be taken down at sunset to avoid the need for lighting”.

RESOLUTION TO ADOPT – LOCAL LAW 4-2003 – ZONING

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

RESOLUTION

WHEREAS, a proposed Local Law to amend Chapter 64 of the Laws of the Village of Arcade regarding Zoning was presented to the board at a regular meeting held on the 17th day of June, 2003, and

WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with in regards to the calling of a meeting of the Board of Trustees which was held on the 17th day of June, 2003, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 15th day of July, 2003, and

WHEREAS, the Village Planning Board made the recommendation for the amendments to Sections 202-2.64, 202-2-.65, 202-2.66, 412 and 413 in a letter dated April 11, 2003 and was reviewed by the  Village Board at their meetings on May 20, 2003 and June 3, 2003 and made a further recommendation to section 202-2.65 in a letter dated July 9, 2003 that was reviewed by the Village Board at their meeting on July 15, 2003, and

WHEREAS, Trustee Kosmerl researched information to add Section 817 Lighting Standard for Site Plans which was reviewed by the Arcade Planning Board at their May and July meetings and  comments were received in letters dated May 14 and July 9, 2003 and reviewed by the Village Board at their meeting on July 15, 2003, and

WHEREAS, the Wyoming County Planning Board met on the 7th day of July, 2003 and voiced no objection to the amendment, and

WHEREAS, a final copy of the proposed Local Law No. 4-2003 was placed on the desk of each Board member by the Village Clerk on the 17th day of June, 2003 and a final copy with amendments discussed at the July 15th meeting on August 5, 2003, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 3rd day of July, 2003, 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 July, 2003, 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. 4-2003, and

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

NOW, THEREFORE, Be It Resolved, as follows:

THAT Proposed Local Law No. 4-2003 of the Village of Arcade as amended after the public hearing be enacted to read as follows (Sections 202-2.64, 202-2.65, 202.2.66, 412, 413 and 817 only):

CHAPTER 64

ZONING

Available upon request

The aforesaid resolution was adopted upon the following vote:

   Mayor Michael Doster          Aye

   Deputy Mayor Hugh Ely         Aye

   Trustee Ginger Comstock       Aye

   Trustee Richard Kosmerl       Aye

   Trustee Daniel Reisdorf         Absent

RESOLUTION TO ADOPT – LOCAL LAW 5-2003 – ZONING MAP

The following resolution was offered by Mayor Doster and seconded by Deputy Mayor Ely:

RESOLUTION

WHEREAS, a proposed Local Law to add Chapter 63E Zoning Map – R1, R2, R3 and R4 Districts to the Zoning Laws of the Village of Arcade was presented to the board at a regular meeting held on  the 17th day of June, 2003, and

WHEREAS, the Village Clerk has certified that the Open Meetings Law has been complied with in regards to the calling of a meeting of the Board of Trustees which was held on the 17th day of June, 2003, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 15th day of July, 2003, and

WHEREAS, the Village Planning Board met on the 9th day of July, 2003 and voted to recommend the change to the Zoning Map, and

WHEREAS, the Wyoming County Planning Board met on the 7th day of July, 2003 and voiced no objection to the amendment, and

WHEREAS, a final copy of the proposed Local Law No. 7-2003 was placed on the desk of each Board member by the Village Clerk on the 17th day of June, 2003 and an amended copy placed on their desk on August 5, 2003, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 3rd day of July, 2003, 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 of July, 2003, 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. 5-2003, and

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

NOW, THEREFORE, Be It Resolved, as follows:

THAT Proposed Local Law No. 5-2003 of the Village of Arcade as amended after the public hearing be enacted to read as follows:

CHAPTER 64E

ZONING MAP – R1, R2, R3 & R4 DISTRICTS

 Available upon request

 This local law shall take effect upon filing in the office of the Secretary of State.

The aforesaid resolution was adopted upon the following vote:

   Mayor Michael Doster            Aye

   Deputy Mayor Hugh Ely         Aye

   Trustee Ginger Comstock       Aye

   Trustee Richard Kosmerl       Aye

   Trustee Daniel Reisdorf           Absent

PERMISSION TO WRITE-OFF UNCOLLECTABLE ACCOUNTS

Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried the following accounts be written off as uncollectable:

Available upon request

   Mayor Michael Doster        Aye

   Deputy Mayor Hugh Ely     Aye

   Trustee Ginger Comstock   Aye

   Trustee Richard Kosmerl     Aye

   Trustee Daniel Reisdorf       Absent

REVIEW LETTER FROM KATIE DOMES

The board reviewed a letter received from Katie Domes regarding additional ideas to promote small business in Arcade.  They commented on each of the seven suggestions and a letter will be sent by Mayor Doster addressing the boards’ comments.

PERMISSION TO CARRY-OVER VACATION

Motion by Deputy Mayor Ely, seconded by Trustee Comstock and unanimously carried permission be granted to Chris May to carry over 40 hours of vacation past his anniversary date of December  12, 2003 as he will be out on surgical leave for the next four to six weeks.

PERMISSION TO ATTEND SEMINAR

Motion by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried Steve Burkett be granted permission to attend an Activated Sludge/Process & Control Seminar in Owego, New York on September 10, 2003 at Village expense.

BUDGET ADJUSTMENTS

Motion by Mayor Doster, seconded by Trustee Kosmerl 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 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.

MOVING OF WATER LINE FOR UCC

The board discussed the rerouting of a village water main for the construction of the United Church of Christ. It was felt that the village should recoup a good portion of the cost of the project as it is much more of a benefit to the church that to the Village.  A check in the amount of $8,500 has already been received for the electrical work and the push across Church Street.

RESIGNATION – FIRE DEPARTMENT

Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried to accept the resignation of Mike Gilbert from the Arcade Fire Department effective June 4th.

POLICE SHIFT DIFFERENTIAL

Clerk Offers informed the board that during the recent audit preformed by Bollam and Sheedy it was discovered that the rate for police shift differential was not increased when the new contract went into effect on June 1, 1999.  This resulted in a liability of $2,322.06 that will be paid this Friday.

REPORTS RECEIVED

Village Justice and Acting Village Justice reports for the month of July were received, reviewed and placed on file.

Receipts and disbursements report for the months of June and July were received, reviewed and placed on file.

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

ADJOURN

There being no further business to come before the board the meeting duly adjourned at 9:01 p.m. upon motion by Mayor Doster and seconded by Trustee Kosmerl.

       _______________________        

                 Clerk-Treasurer