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

PRESENT

Mayor Michael Doster, Deputy Mayor Frank Wood, Trustee Ginger Comstock (8:15 p.m.), Trustee Hugh Ely, Trustee Richard Kosmerl, Superintendent Larry Kilburn

ALSO PRESENT

Police Chief John Laird, Deborah Titus – Arcade Herald, Dan Reisdorf, Dave and Ann Linder

NOTICE

Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 19th day of December 2002 and the same posted on the 19th day of December 2002.

PLEDGE TO ALLEGIANCE

Mayor Doster opened the meeting with the Pledge to Allegiance.

APPROVE MINUTES

Motion by Trustee Kosmerl and seconded by Trustee Ely and unanimously carried the minutes from a regular meeting held on December 17, 2002 be approved as presented.

PUBLIC HEARING – PROPOSED LOCAL LAW 1-2003 – TRAFFIC CONTROL

Clerk Offers stated that the purpose of the amendment is to erect stop signs on Steel Avenue with its intersection with West Main Street from the south and on Hurdville Road with its intersection with West Main Street from the North; to remove the stop signs on Edward Street and Sawmill Drive from the South and North respectively; to remove a stop sign on North Street westbound at West Street; to remove stop ahead signs on West Street at North Street; to place a stop sign on William Street for eastbound traffic with its intersection with Edward Street; and to change all yield signs to stop signs within the village.

Mayor Doster opened the public hearing.

Dan Reisdorf asked if the purchase of property proposed by Blue Seal would change the stop sign.  He was informed that it would not as there is still a portion of road in front of  C&G Electric from Blue Seal to the stop sign.

There being no further comments or questions motion was made by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried the public hearing be closed.

ADOPT LOCAL LAW 1-2003 – TRAFFIC CONTROL

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

RESOLUTION

WHEREAS, a proposed Local Law to amend Chapter 61 of the Laws of the Village of Arcade entitled Traffic Control was presented to the board on the 1st day of October, 2002 and was reviewed by the Board members on the 15th day of October, 2002, the 5th and 19th days of November, 2002, and the 3rd and 17th days of December, 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 17th day of December, 2002, and at such meeting a Resolution was adopted to schedule a public hearing on said proposed Local Law on the 7th day of January, 2003, and

WHEREAS, the final form of Proposed Local Law 1-2003 was mailed to each board member on the 20th day of December, 2002, and

WHEREAS, the Notice of said public hearing was published in the Arcade Herald on the 2nd day of January, 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 7th day of January, 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. 1-2003, 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. 1-2003 of the Village of Arcade as presented at the public hearing be and the same be enacted to read as follows:

CHAPTER 61

TRAFFIC CONTROL LAW

Available upon request

The above resolution was adopted upon the following vote:

   Mayor Michael Doster         Aye

   Deputy Mayor Frank Wood  Aye

   Trustee Ginger Comstock      Absent

   Trustee Hugh Ely                   Aye

   Trustee Richard Kosmerl      Nay

PROPOSED LOCAL LAW 2-2003 - ZONING

The board discussed the draft local law that was presented that adds “and to insure the compliance of conditions of approved site plans, special use permits and variance” to Section  1002.11 of the Village Zoning Law.  Before the board sets the public hearing they would like the Zoning Enforcement Officer to appear before them as he had some issues regarding the enforcement of the  law.  Motion was made by Mayor Doster, seconded by Trustee Ely and unanimously carried this matter be tabled until the next meeting.

ELECTION RESOLUTIONS

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

RESOLUTION

WHEREAS, the next Village Election is to be held on Tuesday, March 18, 2003,

NOW, THEREFORE, Be It Resolved, that the Board of Trustees of the Village of Arcade set the polling place as the Village Board Room, 17 Church Street, Arcade, Wyoming County, New York and  the polls be open from 12:00 o’clock noon until 9:00 P.M.

The aforesaid resolution was adopted by the following vote:

   Mayor Michael Doster          Aye

   Deputy Mayor Frank Wood   Aye

   Trustee Ginger Comstock       Absent

   Trustee High Ely                    Aye

   Trustee Richard Kosmerl       Aye

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

RESOLUTION

WHEREAS, the Board of Trustees shall appoint two Inspectors of Elections and one alternate for the Village election to be held on March 18, 2003, and

WHEREAS, such Inspectors of Elections shall be paid a total of $100.00 each for preparation of the rolls and election day,

THEREFORE, Be It Resolved, that Janet Ely and Valerie Gray be appointed as Inspectors of Election and Cheryl Parker be appointed as an alternate.

The aforesaid resolution was adopted upon the following vote:

   Mayor Michael Doster            Aye

   Deputy Mayor Frank Wood   Aye

   Trustee Ginger Comstock       Absent

   Trustee Hugh Ely                    Abstain

   Trustee Richard Kosmerl       Aye

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

RESOLUTION

WHEREAS, Janet Payne has received the programmer’s certificate from the Automatic Voting Machine Corporation, and

WHEREAS, the Village must engage the services of a qualified Voting Machine Custodian to set up the voting machine for the Village Elections to be held on March 18, 2003, and

WHEREAS, Janet Payne is an employee of the Village of Arcade and by enlisting her services the Village will be spared the expense of hiring a Voting Machine Custodian,

NOW, THEREFORE, Be It Resolved, that Janet Payne be appointed as the Voting Machine Custodian for the upcoming Village Elections to be held on March 18, 2003.

The aforesaid resolution was adopted by the following vote:

   Mayor Michael Doster          Aye

   Deputy Mayor Frank Wood   Aye

   Trustee Ginger Comstock       Absent

   Trustee Hugh Ely                    Aye

   Trustee Richard Kosmerl       Aye

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

RESOLUTION

WHEREAS, the Village Board adopted a resolution on January 5, 1993 to abolish registration day for Village elections, and

WHEREAS, such resolution shall remain in effect until the Board of Trustees adopts a resolution providing that there shall be a registration day for Village elections, and

WHEREAS, the Inspectors of Elections are required to prepare the register for elections from the registration lists certified and supplied by the County Board of Elections the names of all persons, residing in the Village and qualified to vote at such forthcoming general Village election,

NOW, THEREFORE, Be It Resolved, that the Inspectors of Elections meet during the week of March 10, 2003 at their convenience in the Village BoardRoom to prepare such register.

The aforesaid resolution was adopted upon the following vote:

   Mayor Michael Doster          Aye

   Deputy Mayor Frank Wood   Aye

   Trustee Ginger Comstock       Absent

   Trustee Hugh Ely                    Aye

   Trustee Richard Kosmerl       Aye

WATER WORKS CONFERENCE

Motion by Trustee Ely, seconded by Trustee Kosmerl and unanimously carried permission be granted for Al Noble and Dave Carr to attend a Water Works Conference in Batavia, New York on  February 3, 2003.

APPOINTMENT OF LOAN COMMITTEE

Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried David Miller from M & T Bank, Michael Boza from the Bank of Castile and Trustee Hugh Ely be appointed to  the Economic Development Loan Committee to replace Paul Hulme, Martin Griffith and Jay May.

ESTABLISHMENT OF ALL HAZARDS COMMITTEE

Motion by Mayor Doster, seconded by Deputy Mayor Wood and unanimously carried the Village Board of Trustees establish an All Hazards Committee that will consist of various representatives from the Village of Arcade, the Town of Arcade, local businesses, Wyoming County, the Wyoming County Soil and Water Conservation District, the New York State Department of Environmental Conservation and the State Emergency Management Office. This committee will have the authority to draft an All Hazards Plan for the Village and Town of Arcade for submittal to the Village and Town Boards

REPORT FROM UB:  VILLAGE OF ARCADE ASSESSMENT OF RESIDENTS’ PERSPECTIVES AND REVIEW OF VILLAGE GOVERNMENT AND SERVICES

The board has received the UB report and Trustee Kosmerl wanted to go on record that the comments made regarding the Sewer Fund apparently not being charged for the purchase of sewer  equipment is not correct.  The board has set the date of Tuesday, January 14, 2003 at 7:00 p.m. as a work night to review the study.

WYOMING COUNTY VILLAGE ASSOCIATION

The next meeting of the Wyoming County Village Association will be held on Wednesday, January 22, 2002 at the Wyoming Inn in Wyoming, New York hosted by the Village of Wyoming.

BUDGET ADJUSTMENTS

Motion by Deputy Mayor Wood, 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 Kosmerl 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.

WINTERFEST

Allison Wood, Co-Chair of the event has requested that the Village Board review the essays submitted by the candidates for the Winterfest Queen Contest. The board happily agreed to do.

RESIGNATION FROM PLANNING BOARD

Motion by Deputy Mayor Wood, seconded by Mayor Doster and unanimously carried the board accepts the resignation of Arthur Drew from the Arcade Planning Board with regret. A letter will be sent thanking Mr. Drew for his service to the Village and Town of Arcade.

ADELPHIA CABLE

Correspondence has been received from Adelphia Cable that they have decided to make adult programming available in our franchise area to adult digital cable customers. They will be adding one premium subscription channel and several pay-per-view movie channels to their digital offering. For those digital customers who elect not to purchase this programming they will not be able to view or hear it.  Moreover, Adelphia will not market or promote its adult programming offerings.

EXECUTIVE SESSION

Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the board enter executive session to discuss personnel issues and the upcoming negotiations.

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

HIRE LINEMAN A

Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried the board authorize the Electric Department to offer employment to Patrick McHugh for the Lineman A position to  start as soon as possible upon recommendation of the Superintendent of Public Works.  The residency requirement is to be waived per Section 15-5.1A of the law.  If the first candidate is no longer available then the department has permission to move to the second recommendation.  The motion also included that the Village should continue posting for the remaining position.

REPORTS RECEIVED

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

ADJOURN

There being no further business to come before the board the meeting duly adjourned at 9:25 p.m. upon motion by Deputy Mayor Wood and seconded by Trustee Kosmerl.

       _______________________

       Village Clerk